Terms, Conditions & Privacy Policy

Terms of Use

Terms of Use

If lawyers designed a bicycle, it’d have six wheels, roll bars, a flashing red light and you wouldn’t know which way went forward and which was back. It wouldn’t be any fun to ride, but you sure would be safe.

We knew this when we asked some lawyers to write Wombi’s Terms and Conditions (T&Cs). They did a wonderful job, but we like to keep things simple, and our T&Cs are kind of like that bike with six wheels.

So we’ve pulled out the things that we get asked about a lot, and provided them below. We still recommend you read through the full version.

Our lawyers just slowly rode up on their bikes and yelled at us to make sure to note that even though we’ve provided this summary, it doesn’t change any of the rights and responsibilities that are set forth in the full version of the T&Cs.

Important Details About A Wombi Subscription

First Payment

Your first subscription payment will be made on the day you receive your bike, and it covers the first month of your subscription.

Payment Frequency

Subscription payments will be automatically deducted from your payment method on a monthly basis.

Maintenance

We like to service our E-Bikes every 2,000 miles or as required to keep them running tip top for you.

We may contact you after a few months to check your odometer for us.

When we determine that it is time for a service, we’ll let you know and will ask that you bring your bike to our shop.

All maintenance costs are included with your subscription, so no need to worry about additional payment for service.

Repairs

If you have a breakdown or need something repaired, give us a call and we’ll make arrangements to fix it for you – either in the shop or by coming out to you in the van.

If your bike isn’t rideable and you need to get it to the shop, you can use Rider Rescue to bring it in. If it’s outside of our shop hours and your bike isn’t rideable, you can use Rider Rescue to get you home. The QR code located on your bike includes all the details.

We will make every effort to get the bike fixed as soon as possible. When you bring the bike in, we will let you know how long service will take.

Repairs are included with your subscription, so no need to worry about payment, unless you are responsible for what needs to be fixed. In that case…

Damage and Theft

Stuff happens, so we’ve covered the bikes for damage and theft.

If your bike happens to be stolen and you’ve done everything in line with our T&Cs, you’ll need to pay the $500 deductible.

If you haven’t followed our T&Cs you’ll need to pay the full replacement cost of the bike and accessories.

That wouldn’t be good news for anyone, so please read the Storing Your Bike section below for how you should store and lock your bike. If you have any questions, please just ask!

In the case of theft, we will need you to report the incident to the police, get a written police report, and provide the report to us. You will also need to return all the keys and the charger to us.

In the case any of the accessories are stolen, we will charge you for the cost to replace the stolen accessory, to a maximum of $500.

If the bike is damaged and needs to be fixed, we will charge you the cost of parts and labor for the repair, to a maximum of $500. This limit may not apply if you did something inappropriate with your bike, like taking it cliff diving.

Storing Your Bike

How and where you store your bike is really important. Your bike is much less likely to be stolen if you follow our directions and you’ll also be covered by insurance.

If your bike is stored and locked securely using our 3-step locking system and it gets stolen, you’ll only need to pay $500 deductible towards replacement of the bike. If it isn’t stored securely, you’ll need to pay the full replacement cost, so please read this carefully and ask if you’re unsure about anything!

Our 3-step locking system

It’s fast and easy!

Securely lock your bike to an immovable object using the chain
Engage the wheel lock
Set the alarm

Done!

Storing your bike at your ‘primary storage location’

When you subscribe to Wombi, you nominate a primary storage location, usually at your home. When your bike is at that location, it needs to be:

Not visible from a public space;
Under cover; and
The bike must be locked using our 3 step locking system: locking it to something immovable, engaging the wheel lock, and setting the alarm

Ideally your bike would be in a locked garage, shed, or inside your home.

So long as it’s not visible from a public space, it’s also fine to store the bike in an open air garage (like a carport), or a communal bike area (like the parking area of an apartment building). If you’re storing it somewhere like this, you’ll need to make sure it’s locked up by chaining it to something solid and engaging the wheel lock and setting the alarm (3-step locking system). These areas are more secure than the bike being out in the open, but are still accessible to thieves.

Securing your bike when you’re out and about

If you’re leaving your bike for long periods of time during the day or night, e.g. to go to work or an event, it is fine for the bike to be visible from a public space, but it must be both:

In the same location as you are e.g. locked up outside the restaurant, event, or your work; and (unless you’re leaving it as part of your commute, see section further on)

Locked using the chain lock, wheel lock and alarm.

If for some reason you need to leave your bike e.g. you’ve had some drinks at dinner, or you need to leave it at work or at a friend’s house, you need to follow the same storage rules you would at your primary storage location (see above).

So that means, if you’ve had it locked up outside the restaurant and you need to leave it, you’ll need to find somewhere more secure to store it until you can come back and get it. Some examples might be inside a secure building, secure bike storage facility, or at a friend’s house.

Storing your bike as part of your commute

An exception to the ‘out and about’ directions above is if you are riding your bike for part of your commute e.g. you ride to the bus station, lock your bike up there then catch the bus the rest of the way. We’re cool with this, so long as you use our 3-step locking system: lock your bike to something solid using the chain lock, wheel lock, and alarm.

Because you’re storing it there for a long period of time, please lock it in the safest place possible. For example, you could:

Lock it somewhere that is visible to lots of people, where theft would be noticed
Lock it in a different place each day
If there are CCTV cameras, you could lock it in view of these
Some public transport hubs have more secure bike storage facilities.

If you’re unsure about where to store your bike when you’re at home, at work, or out and about, just ask, we’re here to help!

Your new bike isn’t necessarily a new bike

While it is possible that your subscription will include a brand new bike, it is also possible that it will be one that was previously living with another subscriber. This is ok, because we keep the bikes fully maintained and in top condition, and our subscribers take great care of their bikes.

Swapping

We are happy for you to swap your bike for a different model, or swap your accessories for different ones, if something isn’t working for you.

With your bike, you can swap one time for free in the first 4 weeks of your subscription. After that, there’s a fee outlined in the fee section below.

Your subscription fee will be adjusted to reflect the swapped items.

Ending a Subscription

A subscription is subject to a 30-day cancellation period, meaning you need to let us know 30 days in advance of when you would like your subscription to end.

At the conclusion of your subscription, you need to return the bike to us.

Your bike comes with a charger, a key, an alarm, and a chain lock, and any accessories that you have elected to include with your subscription. All must be returned to us at the conclusion of your subscription.

Delivery Zones

Los Angeles

The following applies to customers in Los Angeles or surrounding areas:

Delivery/Pickup Fee, if you live within 6 miles of our Culver City shop: Free. This includes delivery at the commencement of your subscription, pickups and return of your bike when it needs to be serviced at our shop, or collection of the bike at the end of your subscription.

For customers further than 6 miles, Wombi will make a determination on ability to service.

If you are part of a corporate program, please refer to the service delivery zones eligible for your program.

Seattle

The following applies to customers in Seattle:

Delivery/Pickup Fee, if you live within 6 miles of our shop: Free. This includes delivery at the commencement of your subscription, pickups and return of your bike when it needs to be serviced at our shop, or collection of the bike at the end of your subscription.

For customers further than 6 miles, Wombi will make a determination on ability to service.

If you are part of a corporate program, please refer to the service delivery zones eligible for your program.

Fees

We’ve tried to keep all costs to a minimum by including all the important stuff like maintenance and roadside assistance, but nonetheless there are some fees that we think you should know about.

The following applies to all customers:

Accessory Swap Fee: $30

Bike Swap Fee: $100 (one free swap within first 4 weeks of subscription; after that $100)

Lock Replacement Fee: $120. Fee in the case a key is permanently lost, stolen or damaged, requiring the key and wheel lock to be replaced

Late fee for payments 7 days or later: $15 or 10% of overdue amount, whichever is greater

The full T&Cs are below. Read on and enjoy the ride!

Terms, Conditions & Privacy Policy

Terms and Conditions

THE FOLLOWING TERMS AND CONDITIONS (AS THE SAME MAY BE AMENDED FROM TIME TO TIME AS SET FORTH BELOW, THE “TERMS”) SHALL GOVERN THE RELATIONSHIP BETWEEN ABRIDGE MOBILITY, INC. (“WOMBI”) AND THE USER OF THE WOMBI PRODUCTS AND SERVICES (THE “CUSTOMER”). BY ENTERING INTO A SUBSCRIPTION AGREEMENT WITH WOMBI (AN “ORDER”) AND BY TAKING POSSESSION OF A WOMBI E-BIKE OR USING ANY WOMBI PRODUCTS OR SERVICES (INCLUDING WITHOUT LIMITATION, CUSTOMER’S USE OF THE E-BIKE), CUSTOMER HEREBY AGREES TO BE BOUND BY THESE TERMS AND THE ORDER HEREIN.

1. SUBSCRIPTION AND ELIGIBILITY REQUIREMENTS

1.1 Subscription Agreement. Subject to the terms and conditions set forth in these Terms, Wombi hereby provides to Customer, and Customer hereby accepts from Wombi, an electric bike (collectively, the "E-Bike") for subscription use as provided in the Order signed by Customer (the “Subscription”).

1.2 Subscription Term. The term of the Subscription (the “Subscription Term”) shall commence on the date Customer takes possession of the E-Bike in accordance with Section 5 below (the “Commencement Date”), and shall continue for a term set forth in the Customer’s Order until terminated by either party in accordance with these Terms.

1.3 Eligible Bike Use. Customer hereby acknowledges that the E-Bike is intended for personal and non-commercial use only in accordance with Section 4.13 hereof.

1.4 Age Requirements. In order to access the Wombi products and services, including the subscription of the E-Bike, Customer must be at least 18 years of age;

1.5 Government Issued Identification. Subject to Section 1.4 and in connection with Customer’s Order, Customer shall provide one (1) of the following valid, government-issued forms of identification:

Government Issued Driver’s License
Government Issued ID Card with photo

Wombi reserves the right to accept other forms of documentation to verify identity at its sole discretion.

1.6 Information Provided by Customer. Customer acknowledges that the acceptance of Customer’s Order and Subscription was based on, and in reliance upon, the information (including the government issued identification), specifications, representations, statements and documents provided by Customer in connection with the Order. Customer hereby confirms that all such information, representations, statements and documents are true, correct and complete. Customer agrees to promptly notify Wombi of any changes to the information provided.

1.7 Customer Certifications, Customer hereby certifies as follows:

Customer has read and agrees to these Terms, acknowledging that these Terms may limit both Customer and any authorized Secondary Rider(s) legal rights and remedies. Customer intends this agreement to serve as a complete release of liability to the fullest extent permitted by applicable law;
Customer is familiar with E-Bike operation, is physically fit to ride, and will always comply with local traffic and bicycle laws;
Customer certifies that Customer is at least 18 years of age– and that any “Secondary Rider” authorized by Customer is at least 16 years of age;
Customer agrees that all responsibilities, obligations, and liabilities agreed to by Customer under these Terms equally apply to any authorized Secondary Rider(s);
Customer will take reasonable safety precautions in the storage and operation of the E-Bike, will not allow unauthorized users to operate the E-Bike, will obey traffic laws, ride at their own risk and will not operate the E-Bike under the influence of substances that may impair the safe use of the E-Bike;
Customer will not use the E-Bike for any illegal purpose;
Customer understands by entering into a subscription agreement with Wombi and receiving the e-bike they are automatically signing the Order and accepting the Terms and Conditions of this agreement hereby within; and
Customer authorizes Wombi to charge Customer’s designated payment method according to their selected plan for subscription-related fees and acknowledges responsibility for any damages incurred during the Subscription, including accidents, loss, or theft of property.

1.8 Refusal of Service. Wombi reserves the right to refuse service to any individual who has demonstrated unsafe, reckless, inappropriate, negligent, offensive, fraudulent, or otherwise unacceptable behavior while using, or attempting to access, Wombi's products or services. This includes situations where a former customer’s subscription was terminated or an E-Bike was repossessed due to a breach of these Terms and Conditions.

2. PAYMENT

2.1 Subscription Payment. Customer shall pay Wombi a subscription fee as set forth in the applicable Order (each such payment, the “Subscription Payment”) payable on each recurring Billing Cycle in advance from the Commencement Date for the duration of the Subscription (each, a “Payment Date”). The first Subscription Payment shall be due upon execution of the Order.

2.2 Late fees. If any payment due hereunder is not received by Wombi within 7 days of its due date, Customer shall pay a late fee equal to $15 or 10% of the overdue amount, whichever is greater.

2.3 Payment Method and Processing. All payments under this Agreement shall be made by credit card or any other method authorized in writing by Wombi (the “Payment Method”). If the Payment Method is rejected, Wombi may require manual charges or issue an invoice to Customer for any amounts owing. Customer’s failure to pay may result in suspension or termination of Customer’s Subscription. Wombi may involve legal authorities or debt collectors to recover the payment. Customer shall ensure their payment details are current, and Wombi is not liable for overdraft fees.

2.4 Fee Increase. Wombi may increase fee price including but not limited to the Subscription Payment, by providing Customer with thirty (30) days’ prior notice of the relevant increase. One time fees, including but not limited to the Delivery Fee and Swap Fee (as defined in the Terms of Use), are not subject to prior notice.

2.5 Set-off Right. Wombi may set off any amount owing by Customer to Wombi, whether or not due for payment, against any amounts due for payment by Wombi to Customer under any agreement, understanding, or arrangement between Wombi and Customer.

2.6 No Right of Set-Off by Customer. Customer may not set off or combine any amount owing by Wombi to Customer, whether or not due for payment, against any amounts due for payment by Customer to Wombi under Customer’s Order or these Terms. Customer shall pay, and not withhold, any amount due to Wombi pursuant to any Order and these Terms, notwithstanding any disputes with Wombi regarding the Wombi products or services.

2.7 Remedies for Non-Payment or Breach. If Customer (i) fails to make any payment by the relevant Payment Date, (ii) breaches any term of these Terms, or (iii) is the subject of an Insolvency Event (as defined below), then, without prejudice to any other right or remedy available to Wombi and to the extent permitted by law, Wombi may, in its sole discretion, elect to do any one or more of the following:

Terminate the applicable Order and Subscription in accordance with Section 10;
Repossess the E-bike then in Customer’s possession and in accordance with such right, Wombi or its authorized representatives shall be entitled to enter the property of Customer in order to repossess such E-Bike, and Customer hereby grants Wombi and its representatives an irrevocable right and license to do so;
Charge Customer for all costs and expenses incurred by Wombi in attempting to recover the E-bike and any amounts Customer owes to Wombi (including any fees paid to a third party collection agent, debt collector, mercantile agent, or similar) and Customer hereby agrees to pay such costs, expenses and amounts;
Share Customer information with law enforcement, debt collectors, repossessors, and/or other Third Parties to collect outstanding payment and missing property; and
Exercise any rights which Wombi may have under applicable law, including the Uniform Commercial Code (UCC).

“Insolvency Event” shall occur in the event that Customer shall: (i) apply for or consent to the appointment of a receiver, trustee, liquidator or custodian of itself or of all or a substantial part of its property, (ii) be unable, or admit in writing its inability, to pay its debts generally as they mature, (iii) make a general assignment for the benefit of its or any of its creditors, (iv) be dissolved or liquidated, (v) become insolvent (as such term may be defined or interpreted under any applicable statute), (vi) commence a voluntary case or other proceeding seeking liquidation, reorganization or other relief with respect to itself or its debts under any bankruptcy, insolvency or other similar law now or hereafter in effect or consent to any such relief or to the appointment of or taking possession of its property by any official in an involuntary case or other proceeding commenced against it or (vii) take any action for the purpose or that has the effect of causing or effecting any of the foregoing.

2.8 Commercial Use Violation. In the event that Customer uses the E-Bike for any business or commercial purpose in breach of Section 4.13 hereof, then Wombi reserves the right to terminate the Subscription and repossess the E-bike(s) then in Customer’s possession in accordance with Section 2.7 hereof. Customer responsible for restoration costs if the E-Bike is used for commercial purposes and pay an additional fee of 100% of the subscription cost for each month of such use.

2.9 Sales Tax Exclusion. Wombi's fees and pricing (including without limitation the Subscription Payment) do not include any sales, use, local or other taxes and/or fees (referred to collectively as “Sales Tax”). All amounts payable by Customer in connection with any Order do not include Sales Tax. If Sales Tax is required to be collected by Wombi or payable by Wombi on any products or services provided to Customer by Wombi under an Order or these Terms, Customer shall pay to Wombi, in addition to and at the same time as the payment for such products or services, an amount equal to the amount of applicable Sales Tax thereon.

2.10 Payment Dispute Resolution. Customer shall contact Wombi directly to dispute any charges. Wombi will investigate and, if an error is found, reverse the transaction. Wombi’s decision following the investigation will be final. If Customer disputes a charge with their credit card / payment provider, Wombi may impose a fee equal to the disputed amount and associated fines, and may terminate the Subscription and repossess any E-Bike(s) then in Customer’s possession.

2.11 Expenses of Collection. Wombi may utilize a third-party repossession service or debt collection agency to recover any Wombi property or outstanding amounts owing to Wombi under any Order or these Terms, including unpaid Subscription Payments, Repair and Damage Fees, and any other applicable fees. Customer acknowledges that delinquent payments may be sent to collections, potentially affecting their credit score. Following Wombi’s decision to turn over any amounts owed by Customer to a third party collection agency, all negotiations regarding such obligation shall be handled with the agency, which will continue to contact Customer until the obligations are fully satisfied. Customer shall be responsible for (i) a one-time administrative fee from Wombi of $150 for this transfer and (ii) any costs of such collection (including any fees paid to such agency.

2.12 Payment Application. Any payments made by Customer to Wombi for any purpose will first be applied to the oldest obligations owing to Wombi (unless otherwise determined by Wombi in its sole discretion). Customer may be prevented from using any Wombi products or services until Customer’s obligations to Wombi are fully satisfied.

3. SECURITY DEPOSIT

3.1 Security Deposit. Customer shall provide a security deposit (the "Security Deposit") in an amount specified in the Order, which shall be due with the initial Subscription Payment.

3.2 Use of Security Deposit. Wombi may use the Security Deposit to cover any unpaid fees (including Subscription Payments), late fees, repair costs, or other charges or damages incurred by Wombi as a result of Customer's breach of the Order or these Terms.

3.3 Refund of Security Deposit. The Security Deposit, or any unused portion thereof, shall be refunded to Customer within thirty (30) days following the termination of the Subscription, subject to Customer's compliance with these Terms.

4. USE AND MAINTENANCE OF THE E-BIKE

4.1 Use of E-Bike. Customer shall use the E-Bike(s) in a careful, lawful, and responsible manner; in accordance with all applicable laws and in accordance with any instructions provided by Wombi or the E-Bike manufacturer.

4.2 Compliance with Local Traffic Laws. Customer agrees to operate the E-Bike in accordance with all applicable local traffic laws, rules, and regulations, including those specific to bicycle operation, helmet use, riding while intoxicated, speed competitions, tricks, or illegal transportation. Customer is responsible for knowing and adhering to these laws in the areas where they ride. Failure to comply with local bike laws may result in liability for any penalties or injuries incurred. Customer is fully responsible for any damages, losses or other consequences arising from the violation of any such laws, rules or regulations by Customer or Customer’s Secondary Rider or any person using the E-Bike rented by Customer pursuant to an applicable Order. Customer shall indemnify Wombi for any damages or losses suffered by Wombi in connection with any breach of this Section by Customer in accordance with Section 9 hereof. Wombi reserves the right to charge Customer’s payment method for any fines, tickets, or fees assessed due to Customer’s actions.

4.3 Helmet Safety Recommendation. Even in jurisdictions that do not require the use of a helmet, Wombi strongly advises Customers to wear a properly fitting helmet certified to meet applicable safety standards when using an E-Bike. Customers shall ensure the helmet is securely fastened according to the manufacturer's instructions for optimal safety during use.

4.4 Child Passenger Safety Requirement. When transporting a child, it is mandatory for the child to wear a properly fitted bicycle helmet at all times while riding in the child or passenger seat on the E-Bike. Customer is responsible for ensuring that the child meets the manufacturer’s guidelines, including but not limited to height, weight, and use requirements, for the specific child and/or passenger seat installed on the E-bike. Customer shall not install any 3rd Party child or passenger seat without prior written approval from Wombi. Customer is fully responsible for any damages or losses resulting from proper use, improper use, or failure to comply with these safety requirements and Customer shall indemnify Wombi for any damages or losses suffered by Wombi in connection with any breach of this Section by Customer in accordance with Section 9 hereof.

4.5 Impairment and Safe Operation. Customer shall not operate an E-Bike while under the influence of alcohol, drugs, stimulants, thinners, or any medications that could impair safe E-Bike operation, or when physically impaired in any way that compromises safe use. If Customer exhibits signs of intoxication or physical impairment that may prevent safe use of the E-Bike when Customer obtains the E-Bike(s), Wombi reserves the right to prohibit access to the E-Bike(s).

4.6 Condition of E-Bike Upon Return. Customer shall return the E-Bike and any accessories provided by Wombi in the same condition as provided by Wombi to Customer, except for normal wear and tear.

4.7 Modifications to E-Bike. Customer shall not modify, alter, or remove any parts or components of the E-Bike (including without limitation software or electronic components) without Wombi's prior written consent.

4.8 Theft or Loss Notification. Customer shall cooperate fully with Wombi with respect to any such loss, theft, or suspected theft. Customer shall take all reasonable steps to mitigate any loss arising from such a claim or incident.

In the event of the theft, suspected theft, or loss of the E-Bike, Customer shall take the following actions:

Notify Wombi promptly via email, and in any event within 24 hours, upon becoming aware of such theft;
Report the theft promptly, and in any event within 24 hours, to the police;
Provide Wombi with a copy of the police report as soon as available;
Return the original keys, charger and any additional Wombi equipment or property to Wombi within five (5) business days following notification;
Provide Wombi with all reasonable information and updates that Customer receives regarding the theft of the E-Bike and/or Wombi property; and
Follow Wombi’s reasonable instructions regarding the theft.

If Customer follows the above procedure with respect to the theft or other incident, Customer’s maximum liability to Wombi under these Terms will be limited to $500 in each instance of loss or theft; provided, however, that this limitation of liability shall not apply to any incident or theft which has resulted from Customer’s failure to follow the provisions of these Terms, especially Section 4.14 herein, and/or Customer’s negligence, fraud or willful misconduct. In such cases, the Customer will be responsible for the retail replacement cost of the E-Bike and any associated equipment; and the account will continue to be charged on each Billing Cycle until all outstanding costs are paid in full.

4.9 Damage Notification. Customer shall cooperate fully with Wombi with respect to any such incident. Customer shall notify Wombi promptly and in any event within 24 hours, upon becoming aware of any loss or damage to (including any malfunction or necessary repair) of the E-Bike. Customer shall take all reasonable steps to mitigate any loss arising from such a claim or incident.

In the event of damage, Customer shall take the following actions:

Notify Wombi promptly via email, and in any event within 24 hours, upon becoming aware of such damage;
Stop using the E-Bike, including for child transport, until Wombi has inspected it;
Follow Wombi’s reasonable instructions regarding damage.

If Customer follows the above procedure with respect to the incident, Customer’s maximum liability to Wombi under these Terms will be limited to $500 in each instance of damage; provided, however, that this limitation of liability shall not apply to any incident which has resulted from Customer’s failure to follow the provisions of these Terms, especially Section 4.14 herein, and/or Customer’s negligence, fraud or willful misconduct. In such cases, the Customer will be responsible for the retail replacement cost of the E-Bike and any associated equipment; and the account will continue to be charged on each Billing Cycle until all outstanding costs are paid in full.

4.10 Incident Notification and Reporting Procedures. Customer shall notify Wombi promptly within 24 hours of any incident involving death or serious injury involving the E-Bike. Customer shall take all reasonable steps to mitigate any loss arising from such claim, incident or injury. Customer shall cooperate fully with Wombi with respect to any such incident. Wombi may inspect the E-Bike on reasonable notice to Customer.

In the event of an accident involving an E-Bike, Wombi strongly recommends Customer immediately call 911 for any necessary medical assistance. Customer shall report the incident to Wombi as soon as it is safe to do so. Customer shall cooperate fully with Wombi in investigating the incident and provide the following details, if available:

Circumstances and location of the accident
Information about involved vehicles/parties (license plate, names, etc.)
Insurance details of all involved
Witness information
Photos of damages
Police report

Customer shall be responsible for any damages to Wombi’s equipment resulting from such incident, regardless of fault. Wombi is not liable for any loss of use, Subscription Payments, or any other fees previously paid due to damaged equipment.

4.11 Repair Responsibility. Customer shall be responsible for the costs of any repairs or maintenance outside of normal wear and tear resulting from Customer's misuse or negligence in the operation of the E-Bike.

4.12 Repair Restrictions. Customer shall not repair or cause any third party to repair, any E-Bike, equipment, or other accessories provided by Wombi. Minor routine maintenance (e.g., adjusting seat height, inflating tires) may be performed by Customer. Should Customer attempt to repair or cause a third party to repair, any such E-Bike, equipment or other accessories without the prior written consent of Wombi, Customer shall be responsible for any losses, damages or other costs resulting from such repairs (including any costs incurred by Wombi to correct any such unauthorized work) and any personal injury resulting therefrom. Nothing in these Terms requires Wombi to repair or replace any E-Bike which has been damaged; however, if Wombi refuses to repair any E-Bike (at Customer’s expense) then the Subscription will automatically terminate.

4.13 Non-Commercial Use. Customer acknowledges and agrees that the E-Bike subscribed under these Terms is intended for personal and non-commercial use only. Any use of the E-Bike(s) for commercial purposes, including but not limited to delivery services, rideshare services, advertising, or any other income-generating activities, must be pre-approved in writing by Wombi.

4.14 Primary Storage Location; Securing the E-Bike. The E-Bike shall be stored safely and legally by Customer on private property overnight at a “Primary Storage Location” set forth in the Order. This location will be in or at Customer’s home not visible from a public space and undercover. The E-Bike shall be kept undercover when not in use, and Customer shall take all reasonable steps to protect it from theft, damage, or loss. Customer shall always leave the E-Bike locked, using the Wombi 3-step locking system (see Terms of Use for details), and shall only leave the E-Bike locked in a reasonably safe location.

4.15 Damage to E-Bike. If the E-Bike suffers any material damage, Customer shall ensure that the E-Bike is not used by any person until the damage has been repaired and inspected by Wombi and Customer shall take all steps necessary to prevent injury to any persons or damage to any property as a result of such damage.

4.16 Battery Use. Batteries used in the E-Bike require periodic charging to function. Customer is responsible for ensuring that the E-Bike’s battery is sufficiently charged before riding. Customer is responsible for recharging the battery and the cost of electricity. Customer shall remove and store the battery separately when the E-Bike is not in use for safekeeping. The battery may only be used with the E-Bike with which it was delivered by Wombi. If the battery is damaged or malfunctions—such as being submerged in water, showing a bloated case, or leaking— Customer shall immediately isolate the battery (if safe to do so using appropriate personal protection equipment) and notify Wombi. In the event of battery loss or theft, a fee may be charged.

4.17 Battery Charger. Customer shall only charge the E-Bike’s battery with Wombi-provided chargers and cables. The use of the battery charger is only allowed for the respective battery with which it was delivered by Wombi. Any attempt to charge or repair the battery with unauthorized equipment or by unauthorized persons is a violation of these Terms, and Customer shall be responsible for any related losses or damages resulting therefrom.

4.18 Key Management Policy. Customer is strictly prohibited from making copies or duplicates of keys for the E-Bike and may not possess more than one key at any time. Customer shall take all necessary precautions to safeguard the key from loss, theft, or unauthorized use and are not allowed to transfer the key to any unauthorized user and/or third party.

5. DELIVERY AND RETURN OF E-BIKE

5.1 Collection or Delivery of E-Bike. On the Commencement Date, Customer shall either:

Collect the E-Bike directly from the Wombi location set forth in the applicable Order; or
if agreed to by Wombi and upon payment by Customer of any applicable Delivery Fee as set forth in the applicable Order, take delivery of the E-Bike from Wombi at a location approved by Wombi;

provided, that in each case the Customer must be present and has:

provided Wombi with the initial Monthly Subscription Payment and any Security Deposit, Delivery Fee, or other amounts due hereunder; and
provided the identification set forth in Section 1.5.

5.2 Return of E-Bike by Customer. At the conclusion of the Subscription Term, Customer shall, at its expense and with the Customer present, return the E-Bike to the Wombi location set forth in the applicable Order, or to any alternate location reasonably directed by Wombi.

5.3 Business Hours for Collection and Delivery. Unless otherwise agreed in writing by Wombi, collection or delivery of the E-Bike(s) shall take place during regular business hours.

5.4 Corporate Program Deliveries. If Customer has a Wombi subscription through a corporate program, information on deliveries or pickups shall be provided in such agreement.

6. EXCHANGE OF E-BIKE AND ACCESSORIES

6.1 E-Bike and Accessory Swap Within 30 Days. Customer may, subject to availability and at Wombi’s discretion, swap the E-Bike or any accessories for another bike or accessories of the same or lesser value once within thirty (30) days of the Commencement Date.

6.2 Swap After 30 Days. If Customer wishes to swap the E-Bike or any accessories for another bike or accessories at any time following thirty (30) days after the Commencement Date and such swap is approved by Wombi (subject to availability of equipment), Customer shall pay the applicable Swap Fee (as referred to in Terms of Use) to Wombi.

7. TITLE; PURCHASE OF E-BIKE

7.1 Ownership and Title. Customer acknowledges that Wombi retains full ownership and title to the E-Bike and any other equipment or items provided by Wombi throughout the term of the Subscription, and Customer has possession as a subscriber only, with no right, title, or interest in such Wombi property. The Customer may not sell, rent, lease, pledge, grant or create a security interest in, or otherwise encumber, any such Wombi property. Customer shall not alter or deface any marks, labels, or identifying features on the E-Bike or any Wombi property. If Customer becomes aware that any security interest has been created against any Wombi property in Customer’s possession, Customer shall immediately notify Wombi. Wombi retains ownership of all intellectual property rights related to, (including any data collected or associated with) the E-Bike and Wombi’s other property.

7.2 Purchase Option. At any time following the completion of the specified Purchase Option time period (see “Purchase” FAQs) and until the end of Customer’s Subscription, Customer has the option to acquire title to the E-Bike by paying the Purchase Amount applicable to such E-Bike as provided by Wombi in accordance with Section 7.4 below, in immediately available funds to Wombi by wire transfer or other method approved by Wombi. All subscription payments, current and prior, are paid in connection with Customer’s access to Wombi's e-Bike subscription program and are not installments toward purchase ownership. If Customer elects to purchase the E-Bike in accordance with this Section 7, Customer must pay the full Purchase Amount.

7.3 Notice of Intent to Purchase. The Customer may provide written notice to Wombi that Customer intends to acquire title to the E-Bike (the "Notice").

7.4 Purchase Amount Notification. Upon receipt of the Notice, Wombi will notify the Customer of the Purchase Price which the Customer shall pay in order to acquire title to the E-Bike (the "Purchase Amount Notice").

7.5 Transfer of Title. Upon Wombi’s receipt of the full Purchase Amount set out in the Purchase Amount Notice, the Subscription Term shall immediately end, and title to, and property in, the E-Bike shall pass from Wombi to the Customer provided that:

the Customer has paid Wombi the all amounts due under any Orders initiated by Customer or these Terms; and
no Event of Default is continuing.

Other than providing good title to the E-Bike purchased by Customer, Wombi makes no express or implied warranties regarding the condition, merchantability, or fitness for a particular purpose of the E-Bike. For the avoidance of doubt, upon the completion of Customer’s purchase pursuant to this Section 7.5, the thirty (30) day cancellation period set forth in Section 10.1 will not apply.

8. ASSUMPTION OF RISK

8.1 Acknowledgment of Inherent Risks. Customer acknowledges and agrees that the operation and use of the E-Bike involve inherent risks, including the risk of personal injury, death, or property damage. Customer and Secondary Rider(s) assumes all risks associated with the use of the E-Bike, including but not limited to the risks of personal injury, third party injury, collision, falling, mechanical failure, property damage, and any other risks arising from or related to the use, operation, or maintenance of the E-Bike.

8.2 Representation of Capability. Customer represents and warrants that Customer has sufficient knowledge, skill, bodily health, and experience to safely operate the E-Bike and that Customer will comply with all applicable laws and regulations governing the use of the E-Bike.

8.3 Limitation of Wombi's Liability. Customer acknowledges and agrees that, to the extent permitted by applicable law, Wombi shall not be responsible for any injuries, damages, or death sustained by Customer or any third party as a result of Customer's use or operation of the E-Bike.

8.4 Use at Own Risk. Customer agrees to use, operate, and possess the E-Bike at Customer’s own risk.

8.5 No Warranty by Wombi. The Customer acknowledges that Wombi has not made any warranty regarding the condition, suitability, or capacity of the E-Bike for the Customer's intended purpose.

9. INDEMNIFICATION

9.1 Indemnification by Customer. Customer shall indemnify, defend, and hold harmless Wombi, its affiliates, and their respective officers, directors, shareholders, partners, employees, and agents (collectively, the "Indemnified Parties") from and against any and all claims, demands, losses, obligations, damages, liabilities, and expenses, including reasonable attorneys' fees, arising out of or in connection with:

Customer's use, operation, or possession of the E-Bike, including any personal injury, death, or property damage sustained by Customer or any third party;
Theft of or damage to an E-Bike during the Subscription term and thereafter while the E-Bike is in Customer’s possession;
Customer's breach of any term or condition of the Order or these Terms; or
Customer's violation of any applicable law, regulation, or ordinance.

9.2 Notification and Defense of Claims. In the event of any claim for which an Indemnified Party seeks indemnification under this Section, the Indemnified Party shall promptly notify Customer in writing. The Indemnified Party shall have the right to undertake, conduct, control and settle the defense of any such claim; provided, however, that the Indemnified Party may not effect the settlement of any such claim without the written consent of Customer, which consent shall not be unreasonably withheld or delayed. Customer shall cooperate with the Indemnified Party and its counsel in the defense of such claim and shall have the right to participate in the defense and settlement of such claim at its own expense and with its own counsel.

10. TERMINATION

10.1 Termination Notice. Either party may terminate the Subscription for any reason by providing at least thirty (30) days written notice to the other party.

10.2 Immediate Termination by Wombi. Wombi may terminate the Subscription immediately upon written notice to Customer (i) if Customer breaches any term or condition of these Terms or (ii) if an Event of Default has occurred with respect to Customer.

For purposes of these Terms, any of the following shall constitute an “Event of Default” hereunder:

Customer fails to make any payment due to Wombi hereunder;
The Customer becomes subject to an Insolvency Event, abandons the E-Bike, or allows a third party to create a security interest in the E-Bike;
Customer is convicted of a criminal offense or becomes legally incapacitated;
Customer engages in unsafe or reckless conduct;
Customer uses E-Bike for commercial use or purposes;
Customer allows an unauthorized rider to use the E-Bike; or
Customer provides Wombi with incomplete or inaccurate information in connection with obtaining the Subscription or operating the E-Bike.

10.3 Refund Policy Upon Termination. Customer will not receive any refunds if Wombi terminates the Subscription. Upon any termination, Customer shall immediately pay all outstanding amounts then owing to Wombi.

10.4 Re-entering Agreement After Termination. If Customer has terminated the Subscription by providing notice in accordance with Section 10.1 above, but subsequently wishes to enter into a new subscription with Wombi for the use of an E-Bike within six (6) months of such termination, Customer shall pay to Wombi an amount equal to the Bike Swap Fee (see Terms of Use) in connection with establishing a new subscription.

10.5 Return Date Definition. In the event that the Customer does not exercise the right to purchase the E-Bike as outlined in Section 7.2, the return date shall be defined as the date on which all components of the E-Bike, including accessories, keys, charger, lock, and any parts, are returned to Wombi and are in the possession of Wombi in full working order and in the same condition as at the commencement of the Subscription, with normal wear and tear excepted. The Subscription cannot be canceled by Customer, and will continue to be billed on each Billing Cycle, until all items are returned to Wombi. Failure to return such items without notice or a valid reason may be treated as theft and Customer shall be required to pay for the replacement cost of any such items. Customer hereby agrees to allow Wombi to charge Customer’s Payment Method for these additional charges.

10.6 Obligations upon Termination. Upon termination of the Subscription:

Customer’s right to use the E-Bike immediately ceases.
Customer shall return the E-Bike including keys, charger, lock, and any accessories and parts, to Wombi at the Customer’s expense within two (2) business days per Section 10.5.
If Customer has breached any of these Terms, Wombi reserves the right to repossess the E-Bike and any other Wombi property or equipment then in Customer’s possession without prior notice. Repossession may occur at any time after such breach. Customer agrees to pay any expenses incurred by Wombi in connection with such action to repossess Wombi’s property and equipment.

10.7 Inspection and Charges. If a full inspection of the E-Bike cannot be completed upon return, or if Customer refuses to participate in the inspection, Wombi reserves the right to proceed with the inspection without Customer’s participation. Customer agrees to pay Wombi the amount of any damages to the E-Bike or any Wombi property provided to Customer (including any missing items). Wombi shall notify the Customer within sixty (60) days of the return of the E-Bike and the related Wombi property and equipment if additional charges are due. Customer hereby agrees to allow Wombi to charge Customer’s Payment Method for these additional charges.

11. MISCELLANEOUS

11.1 Entire Agreement. The Order and these Terms contain the entire understanding of the parties with respect to the subject matter hereof and supersedes all prior agreements and understandings, whether written or oral, between the parties relating thereto.

11.2 Amendments and Modifications. Wombi may, to the extent permitted by law, amend these Terms from time to time, with the amendment becoming effective thirty (30) days after Wombi makes such amendment available to Customer including by the posting of such amendment on Wombi’s website or otherwise providing Customer with an email notification of such amendment which is sent to the email address provided by Customer in connection with Customer’s Order.

11.3 Assignment; Binding Effect. Customer may not assign or delegate its duties or assign its rights under the Order or these Terms without the prior written consent of Wombi. Any attempted assignment or delegated duty without the required consent in contravention of this Section will be void. These Terms shall be binding upon and inure to the benefit of the parties hereto and their respective successors and permitted assigns.

11.4 Severability. If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect.

11.5 Notices. Any notice, request, or other communication required or permitted under these Terms shall be in writing and shall be deemed to have been duly given when delivered personally or by email, or on the next business day if sent by overnight courier, or on the third business day if sent by registered or certified mail, postage prepaid, return receipt requested, to the address of the parties as set forth in the Order (with respect to Customer) or the Wombi website (with respect to Wombi) or such other addresses as may be designated by either party in writing.

11.6 Governing Law. These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflicts of laws principles. Wombi acknowledges that the Customer may have certain rights under applicable U.S. consumer protection laws and nothing in this Agreement should be interpreted as excluding or limiting these rights in any manner that is not permitted by such laws.

11.7 Dispute Resolution. Any disputes arising out of or in connection with this Agreement shall be resolved by any controversy, dispute, or claim between the parties arising out of or relating to the Order or these Terms shall be resolved by a mandatory judicial reference proceeding in California in accordance with the provisions of California Code of Civil Procedure § 638. The referee shall be a retired California state court judge selected by mutual written agreement of the parties. If the parties are unable to agree upon a referee within ten (10) calendar days after one party serves a written notice of its intent to commence a judicial reference proceeding on the other party, then the referee will be selected by the court in accordance with California Code of Civil Procedure § 640(b). The referee shall be appointed to sit as a temporary judge, with all of the powers of a temporary judge, as authorized by law, and upon selection should take and subscribe to the oath of office as provided for in Rule 244 of the California Rules of Court (or any subsequently-enacted Rule). The referee shall determine the manner in which the reference proceeding is conducted including the time and place of all hearings, the order of presentation of evidence, and all other questions that arise with respect to the course of the reference proceeding. The referee shall render a written statement of decision and shall conduct the proceedings in accordance with the California Code of Civil Procedure, the California Rules of Court, and the California Evidence Code, except as otherwise specifically agreed by the parties and approved by the referee. The referee’s statement of decision shall set forth findings of fact and conclusions of law. The referee’s decision shall be entered as a judgment in the court in accordance with the provisions of California Code of Civil Procedure §§ 644 and 645, and shall be appealable in accordance with California law.

11.8 Relationship to the Parties. Neither the Order or these Terms creates a partnership, joint venture, or agency relationship between Customer and Wombi.

11.9 Interpretations. The singular includes the plural and vice versa; the term "person" includes all forms of entities; and references to documents or legislation include amendments and replacements.

11.10 Waivers. A failure or delay in exercising any right under these Terms does not constitute a waiver of that right, and waivers shall be in writing.

11.11 Security Interest. Customer acknowledges that (i) the subscription of the E-Bike may create a registrable security interest under UCC Article 9 in the E-Bike and the proceeds thereof (ii) the security interest created herein attaches to the E-Bike and its proceeds in accordance with the UCC, (iii) value has been given by Wombi for the creation of the security interest, (iv) Wombi retains all enforcement rights in regard to the E-Bike and any of its property or assets rented to Customer, in addition to those rights provided under the UCC. Customer consents to Wombi registering a financing statement under UCC Article 9 related to any security interest arising from the Order and these Terms. The Customer shall not sell, rent, lease, dispose of, or create a security interest or other encumbrance on any equipment provided by Wombi (including the E-Bike) without Wombi’s prior written consent. Customer shall promptly notify Wombi of any change of address or location where the E-Bike is stored if different than the address or location set forth in the Order.

11.12 Disclaimer of Warranties. The E-Bike and supplementary equipment are provided on an "as is" and "as available" basis. To the maximum extent permitted by applicable law, Wombi makes no express or implied warranties regarding the condition, merchantability, or fitness for a particular purpose of the E-Bike, helmet, or any supplementary equipment. To the maximum extent permitted by applicable law, Wombi shall not be liable for any indirect, punitive, incidental, special, consequential, or exemplary damages, including but not limited to loss of profits, goodwill, or data, arising from the use of or inability to use the Wombi products and services. Wombi’s liability to Customer in connection with the Wombi products and services, shall be limited, to the maximum extent permitted by applicable law, to the greater of (a) the total fees paid hereunder or (b) $100. This limitation shall apply regardless of the legal theory.

Privacy Policy

Wombi Data Privacy and Security Policy

Effective Date: July 2023

At Wombi, we are committed to safeguarding the privacy and security of our customers' data. This Data Privacy and Security Policy outlines the measures and practices we implement to protect the personal information of our users and ensure compliance with data protection regulations. This policy applies to all data collected, processed, stored, or transmitted by Wombi in the course of our electric cargo bike subscription services in our markets.

Data Collection

Personal Information: We collect personal information from customers when they sign up for our services. This may include names, contact information, addresses, payment details, and other necessary details to provide our subscription services.

Cookies and Tracking Technologies: Our website and mobile applications may use cookies and similar tracking technologies to enhance user experience and analyze website traffic. Users have the option to manage cookie preferences through their browser settings.

Data Use and Purpose

Service Provision: We use personal information collected through the website to deliver our electric cargo bike subscription services, manage subscriptions, process payments, and communicate with customers regarding their account and service-related updates.

Improvements and Analytics: Usage data is utilized to analyze customer preferences, enhance service quality, and develop new features for our offerings.

Marketing and Communication: With customer consent, we may send promotional materials and relevant updates through email or other communication channels. Users can opt-out of marketing communications at any time.

Data Sharing and Disclosure

Third-Party Service Providers: We may engage reputable third-party service providers to assist with various aspects of our operations, such as roadside assistance, payment processing, or analytics. These providers are contractually bound to protect the data they handle and are only granted access to the necessary information.

Wombi as a Third Party: We may provide E-Bike subscription service to reputable companies as a third-party vendor/provider. In order to protect customer privacy, any personal information requested via the vendor relationship will be granted on a need-to-know basis and meet the privacy policy requirements herein.

Corporate Commuter Programs: If you participate in a workplace benefits program that subsidizes your subscription, we are required to share your personal information, including billing information, with your employer to facilitate the reimbursement process.

Legal Obligations: We may disclose personal information if required by law or in response to valid legal requests from government authorities.

Data Security

Technical Measures: We employ industry-standard security measures, such as encryption, firewalls, access controls, and regular security assessments, to protect personal data from unauthorized access, alteration, or destruction.

Employee Access: Access to personal data is restricted to employees on a need-to-know basis, and they are regularly trained on data protection practices.

Data Breach Response: In the event of a data breach, we have established a response plan to promptly assess and mitigate potential risks and notify affected customers, as required by applicable laws.

Data Retention

We retain personal data only for as long as necessary to fulfill the purposes outlined in this policy or to comply with legal obligations. Data that is no longer needed will be securely disposed of or anonymized.

User Rights

CCPA Compliance: We are committed to complying with the California Consumer Privacy Act (CCPA) and other relevant data protection laws. California residents have the right to access, correct, update, or delete their personal information. They can exercise these rights by contacting our operations department.

Opt-Out Mechanisms: California residents have the right to opt-out of the sale of their personal information. To exercise this right, please email contact@wombi.us.

Compliance and Changes

We are committed to complying with relevant data protection laws and regulations, including the CCPA and the General Data Protection Regulation (GDPR). This policy may be updated from time to time, and any changes will be communicated through our website or other appropriate channels.

If you have any questions or concerns regarding our Data Privacy and Security Policy, please email contact@wombi.us.