Effective Date: November 5, 2024
This agreement ("Terms") governs your access to and use of pulumaebike Inc., its affiliates, and associated platforms (collectively, "pulumaebike," "we," "us") operating within Europe, including www.pulumaebike.com and related services (the "Platform"). By engaging with the Platform—except for reviewing this document or related policies—you affirm:
· Legal capacity to contract;
· Attainment of majority age in your jurisdiction;
· Acceptance of these Terms.
If acting on behalf of an entity, you confirm authorization to bind said entity, with "you" encompassing both the entity and individual users. Minors are prohibited from using the Platform.
Arbitration Clause: Disputes must be resolved through binding individual arbitration, waiving jury trials and class actions unless prohibited by law.
1. Eligibility Requirements
You attest to being ≥16 years old or legal adult in your jurisdiction. Unauthorized use by minors may result in immediate account termination.
2. Supplementary Agreements
Certain Platform features may require adherence to supplemental terms ("Supplemental Terms"), which shall govern in case of conflict.
3. Intellectual Property Rights
All Platform content, including trademarks, logos, videos, text, and designs (collectively, "Materials"), is owned by pulumaebike or its licensors. Unauthorized use, reproduction, or distribution is prohibited. You retain no ownership rights upon downloading Materials.
4. Account Creation & Management
Registration may require pulumaebike’s approval. Provide accurate, current information; false details may lead to termination. Safeguard login credentials and report unauthorized access immediately. pulumaebike disclaims liability for misuse of compromised accounts.
5. Platform Access & Usage Rights
We grant a limited, revocable, non-transferable license to use the Platform for personal/internal business purposes. Prohibited acts include:
· Commercial exploitation without authorization;
· Reverse-engineering or unauthorized scraping;
· Violation of these Terms or applicable laws.
6. User-Generated Content
You retain ownership of submitted content ("User Content") but grant pulumaebike a perpetual, worldwide license to use, modify, and sublicense such content for any purpose. pulumaebike may remove User Content at its discretion and bears no liability for third-party interactions with it.
7. Conduct Standards
You agree not to:
· Impair Platform functionality via malware or similar tactics;
· Post defamatory, obscene, or infringing content;
· Engage in spamming or phishing activities;
· Circumvent security measures or access unauthorized data.
pulumaebike may cooperate with law enforcement regarding violations and disclaims liability for user misconduct.
8. Platform Availability & Support
No entitlement to Platform uptime or support exists. pulumaebike may suspend services for maintenance, upgrades, or security purposes without notice.
9. Term Amendments
We may revise these Terms periodically. Continued use after updates constitutes acceptance. Material changes will be communicated via email or Platform notifications.
10. Third-Party Links
The Platform may contain hyperlinks to external sites ("External Sites"). pulumaebike neither endorses nor controls External Sites, which operate under their own terms and policies. We assume no liability for damages arising from External Site usage.
General Provisions
· Governing Law: European Union law governs this agreement, excluding conflict-of-law rules.
· Severability: Invalid provisions shall be reformed to comply with applicable law.
· Assignment: pulumaebike may assign rights/obligations; users may not transfer accounts.
· Entire Agreement: These Terms supersede prior agreements, incorporating the Privacy Policy and Supplemental Terms.
Contact Information
For disputes or inquiries, email service@pulumaebike.com or use the contact form available on the Platform.
11. Multimedia Content Provisions
The platform may incorporate video, audiovisual, or similar media (collectively, "Multimedia Content") intended to enhance user engagement. Such content relates exclusively to Pulumaebike’s electric bicycle manufacturing and sales operations. Pulumaebike explicitly does not distribute, lease, or commercialize Multimedia Content and disclaims status as a "videotape service provider" under the Video Privacy Protection Act.
The site may deploy tracking mechanisms including social media pixels, software development kits (SDKs), and cookies (collectively, "Tracking Technologies") to monitor user interactions. These tools may transmit behavioral data to both Pulumaebike and external partners, potentially resulting in targeted advertisements on third-party platforms. Transmission of such data depends on factors beyond Pulumaebike’s control, including user interactions with third-party sites, disclosure practices, and cookie management settings on those platforms. Users waive all claims against Pulumaebike arising from such data transmissions.
12. Third-Party Integrations
Full utilization of the platform may require ancillary products/services (e.g., internet connectivity, compatible hardware, or data subscriptions), which users must independently procure and finance. Pulumaebike neither endorses nor assumes responsibility for third-party offerings, which remain subject to their providers’ terms and conditions.
13. Contract Termination
This Agreement persists until terminated by either party. Users may terminate by contacting service@pulumaebike.com. Pulumaebike retains unilateral rights to suspend access or terminate the Agreement for violations, service discontinuation, or legal compliance reasons. Termination results in:
· Immediate revocation of account privileges and platform access.
· Forfeiture of any prepaid fees without refund obligation.
Post-termination survival clauses include: Intellectual Property Rights, Usage Restrictions, Multimedia Content Disclaimers, Liability Limitations, Dispute Resolution Mechanisms, Indemnification Obligations, and Governing Law Provisions.
14. Warranty Exclusions
The platform and content are provided "as-is" without warranties of merchantability, fitness, or non-infringement. Pulumaebike disclaims guarantees regarding:
· Uninterrupted, error-free, or secure access.
· Accuracy or completeness of third-party information.
· Defect corrections or system reliability.
Users assume all risks associated with platform usage.
15. Liability Caps
Pulumaebike and its affiliates (collectively, "Covered Parties") shall not be liable for:
· Consequential, special, incidental, exemplary, or indirect damages.
· Lost profits, data corruption, or business interruptions.
· Acts of God or third-party system failures.
Aggregate liability for all claims shall not exceed the greater of:
· €100, or
· Twelve-month platform usage fees paid by the user.
16. Jurisdictional Compliance
Where local laws prohibit warranty exclusions or liability limitations, such provisions apply only to the maximum extent permissible.
17. Dispute Resolution Framework
A. Informal Resolution
Parties must attempt informal dispute resolution before initiating formal proceedings. The complainant shall submit a detailed written notice (including claim basis, damages, and remedy request) to service@pulumaebike.com. A 30-day negotiation period follows, during which parties must confer directly or via legal representatives.
B. Binding Arbitration
Unresolved disputes proceed to individual arbitration, waiving class action rights. Arbitral awards may differ from judicial rulings regarding discovery and appeals.
18. Indemnification Obligations
Users agree to indemnify Pulumaebike against third-party claims arising from:
· User-generated content violations.
· Breach of Agreement terms.
· Infringement of third-party rights.
Pulumaebike reserves sole discretion to control defense strategies, with user cooperation mandatory.
19. Governing Law & Venue
This Agreement operates under European Union law, excluding conflict-of-law principles. Disputes not subject to arbitration fall under EU court jurisdiction, with the UN Sales Convention inapplicable.
20. Export Compliance
The platform operates within EU jurisdictional boundaries. Users outside the EU assume responsibility for compliance with local regulations, including EU embargoes and export controls. Users warrant they are not:
· Located in sanctioned territories.
· Listed on EU restricted parties’ registries.
· Engaging in prohibited activities (e.g., weapons development).
21. General Provisions
A. Construction
Section headings are for reference only. "Including" denotes illustrative lists.
B. Waiver
Failure to enforce rights does not constitute waiver unless documented in writing.
C. Severability
Invalid provisions are modified to the minimum extent necessary for enforceability.
D. Assignment
Pulumaebike may assign rights without notice. Users may not transfer obligations.
E. Entire Agreement
This document supersedes prior agreements, incorporating the Privacy Policy and supplemental terms.
F. No Agency Relationship
No partnership, employment, or agency relationship is created.
G. Document Admissibility
Electronic records hold equivalent legal weight to paper counterparts.
