Rybit - General Terms and Conditions, Updated: Sept, 15th 2024

Definitions

1.1. The following terms used in these General Terms and Conditions will have the following meanings:1.1.1. Applicant Customer: any person, age 18 or older, eligible for this offer through their employer, wishing to be a Customer and/or with whom Rybit is in discussions or negotiations for the signing of a Contract, or who is in discussions or negotiations with a Customer for the transfer of a Key;1.1.2. Bicycle: the bicycle and any equipment supplied to the Customer by Rybit under the Subscription or Lease-to-Own Program1.1.3. Contract: a contract between Rybit and the Customer for a Subscription or Lease-to-Own Program.1.1.4. Customer: any person, 18 years or older, eligible for this offer through their employer or otherwise, with whom Rybit has entered into a Contract;1.1.5. Key: the right of the Customer to use the Bicycle, whether under a Subscription or Lease-to-Own Program.1.1.6. Monthly Fee: the payment owed by the Customer to Rybit each 30 days for the rent of the Bicycle under the Subscription or Lease-to-Own Program, as specified in the Contract.1.1.7. Subscription: the subscription purchased by the Customer under the Contract between Rybit and the Customer for the use of the Bicycle;1.1.8. Lease-to-Own Program: the program offered by Rybit where the Customer leases a Bicycle with the option to own it after completing all agreed payments, including a down payment and monthly installments over a defined period (e.g., 36 months).1.1.9. Total Loss: as defined in Article 6.4;1.1.10. Rybit: Clear Insights Inc., having its principal place of business at 447 Sutter Street, San Fransisco, California;1.1.11. Rybit Brand Store: a specialist bicycle store managed by Rybit, a Rybit-managed pop-up store, or any legal entity associated with Rybit, or any other location stipulated by Rybit for the purposes of fulfilling the Subscription or Lease-to-Own Program.1.1.12. Web Portal: the digital web portal and mobile applications for the Subscription, accessible via https://www.rybit.io or https://www.vanmoof.com/my-vanmoof/en/auth/login , by which the Customer can access their personal account and transfer their Key.1.1.13. Protection: as defined in article 14.1.1.14. Parties: jointly the Customer and Rybit1.1.15. Client: a person or company that has bought a bike or e-bike and has come to a Rybit Brand Store for Service. 1.1.16. Government Subsidy: the Pedelec25 Subsidy Program offered by the Luxembourg government (or any similar program), providing financial assistance for the purchase or lease of eligible bicycles, as detailed in Section 16 of these terms.1.1.17. Down Payment: the initial payment of €600 required under the Lease-to-Own Program, which must be completed by September 30 2024 to qualify for the program and associated benefits, including the Government Subsidy. 1.2. Insofar as required by context, terms used in the plural in these General Terms and Conditions (the General Conditions) include the singular, and vice versa.1.3. These General Terms and Conditions are binding and specific to the offer under article 7; by accepting these Terms all other Terms and Conditions as stated on www.Rybit.io are void.

Registration Process

2.1. An Applicant Customer may apply for a Subscription via the Web Portal. A Contract comes into effect once the Applicant Customer has submitted an application via the Web Portal (and accepted these General Conditions) and once Rybit has accepted the Applicant Customer as a Customer. These General Conditions apply to all Subscriptions and form part of every Contract between a Customer and Rybit.2.2.Rybit reserves the right to refuse an Applicant Customer if:2.2.1. the Applicant Customer has had a previous Subscription terminated by Rybit;2.2.2. Rybit has some other reason for believing that the Applicant Customer will not comply with the terms of the Subscription, the Contract, and/or these General Conditions; or2.2.3. the Applicant Customer does not live within a radius of 60 miles from a Rybit Brand Store.2.3. Before Rybit will supply the Bicycle to the Customer, the Customer must:2.3.1. have paid the amounts to Rybit which are due under the Contract;2.3.2. have supplied Rybit with a payment authorization via the Web Portal (credit card or bank transfer) for payment of the Monthly Fee, the Key Fee and any other sums payable under the Contract and/or these General Conditions, which method of payment must have been verified and accepted by Rybit in writing; and2.3.3. at the time of collecting the Bicycle from a Rybit Brand Store prove their identity by means of a valid form of ID.

Bicycle

3.1. For the duration of the Subscription, Rybit will supply to the Customer a Bicycle of the agreed type and model. Unless Rybit decides to replace the Bicycle, the Customer will have the use of the same Bicycle for the duration of the Subscription. The Bicycle will remain at all times the property of Rybit.3.2. For the duration of the Subscription, Rybit will carry out maintenance and repairs on the Bicycle (parts and labor) insofar as such work is required as a result of normal wear and tear through normal use. The Customer is required to pay for those repairs in line with the Protection the Customer elects. For the purpose of maintenance and repair work, whether or not instigated by Rybit, the Customer must transport the Bicycle to and from a Rybit Brand Store or (at their own expense) arrange for such transportation. This obligation applies throughout the duration of the Subscription, even in the event of a large or larger distance between the Customer and the nearest Rybit Brand Store occurring as a result, for example, of a new address of the Customer or the closure/relocation of a Rybit Brand Store. Rybit shall be entitled (but not required) to repair damage to the Bicycle caused by circumstances for which the Customer is liable at the expense of the Customer.3.3. If available, Rybit will provide Customer with an alternative Bicycle for the duration of the repairs or maintenance to the Customer's Bicycle. Depending on the repair, Rybit will swap the Bicycle for Customer for a Bicycle of similar make, model and condition.3.4. Work carried out on the Bicycle by the Customer or a third party is at the expense of the Customer, unless Rybit has confirmed in advance in writing that it will be responsible for such costs. Any damage to the bicycle caused by unauthorized repairs will be charged to the Customer.3.5. Rybit is entitled to take back the Bicycle at any time in consultation with the Customer and replace it with a comparable Bicycle.

Key, Transfer of Key

4.1 The Key is strictly personal and may be used only by the Customer. Except by transfer of the Key in accordance with the provisions of this Article 4, the Customer is not permitted to share the Key with any third party or to enable any third party to use the Bicycle.4.2 During the registration process, the Customer will create a password that will provide them with access to the confidential information and functions within the Web Portal. The Customer undertakes to treat the login data in the strictest confidence and shall ensure it remains inaccessible to any third party.4.3 The Customer must update the personal and payment data it has supplied to Rybit as soon as possible following any change in such data via the Web Portal.4.4 The Customer may transfer the Key (and thus the exclusive right to use the Bicycle) to an Applicant Customer, provided that the Applicant Customer has first accepted these General Conditions and has been accepted by Rybit as a Customer. As a result of such a transfer, the legal obligations of the Customer to Rybit arising under the Subscription are transferred to the new Customer by means of an assignment of contract. The Key gives such Applicant Customer the exclusive right to use the Bicycle. In the case of a transfer of the Key in accordance with this Article 4, the start date of the Subscription of the new Customer is the date on which the Key is supplied to the person who has been assigned the Key. The Customer may offer the Key to an Applicant Customer in any way permitted by law, but transfer of the Key must be effected via the Web Portal.4.5 Rybit has no control over the willingness of an Applicant Customer to accept transfer of the Customer’s Key or any payment that the Applicant Customer may be prepared to pay for such transfer. Rybit does not guarantee that there will at any time be any Applicant Customer wishing to accept transfer of the Customer’s Key.4.6 It is the sole responsibility of the person who transfers the Key, and not Rybit, to actually supply the Bicycle to the Applicant Customer who has accepted transfer of the Key. The transfer of the Key is a transaction between the Customer that transfers the Key and the Applicant Customer who accepts transfer of the Key. Rybit is not a party to this transaction and the right of cancellation specified in Article 11 does not apply to this transaction.4.7 These General Conditions also apply to the party that is assigned a Key from an existing Customer and to the Contract with such party.4.8 Rybit is entitled to refuse to cooperate with the transfer of the Key and assignment of Contract referred to in section 4 of this article 4 if there are compelling reasons. Such a compelling reason would include, for example, a situation in which the Customer wishing to transfer the Key is in breach of their obligations to Rybit.

General obligations and prohibitions

5.1. The Customer must:5.1.1. act with the required duty of care and treat the Bicycle with care, in accordance with the instructions given by Rybit and with local traffic laws and regulations;5.1.2. immediately notify Rybit via the Web Portal of any theft, embezzlement, or loss of - or damage to - the Bicycle;5.1.3. always keep the Bicycle locked when not riding it, using as a minimum (depending on type) the ring lock supplied with the Bicycle or the rear-wheel lock integrated within the Bicycle and also using a mandatory chain lock purchased by Customer.5.1.4. always enable the Bicycle’s alarm system (if fitted to the Bicycle) when parking or storing the Bicycle;5.1.5. carry out small repairs at their own expense, such as: (i) regularly checking tyre pressure and, where necessary, inflating the tyres, and (ii) keeping up-to-date and regularly checking the sturdiness of moving parts, and oiling and greasing such parts as necessary;5.1.6. ensure that the Bicycle is at all times safe in traffic and used safely;5.1.7. ensure that the Bicycle is maintained in accordance with the maintenance schedule specified by the manufacturer but at least once every six (6) months; For the Lease-to-Own Program, failure to maintain the Bicycle may result in the cancellation of the contract and forfeiture of ownership rights. 5.1.8. arrange for repair at their own expense by Rybit of any damage to the Bicycle resulting from circumstances for which they are liable; and5.1.9. report any defects in the Bicycle and errors indicated immediately by e-mail or via the Web Portal to Rybit.5.1.10 keep the firmware up to date in line with manufacturer updates 5.2. The Customer shall not be permitted to:5.2.1. make alterations to the Bicycle that cannot be reversed without causing damage to the Bicycle. Bicycle child seats and other accessories are permitted provided that these can be removed without damaging the Bicycle;5.2.2. use the Bicycle for commercial purposes (such as leasing/sub-leasing, or for use in providing courier or delivery services) or for cycling sport competitions, or tests;5.2.3. make the Bicycle available to family members or, if the Customer is a legal entity or business owner, to employees; except where otherwise agreed upon in writing by Rybit.5.2.4. use the Bicycle other than on paved roads and cycle paths;5.2.5. exceed the maximum load of the Bicycle specified by the manufacturer;5.2.6. manipulate, decompile, reverse engineer, or disassemble in any way the electronics and/or software of the Bicycle, the Key, or the Web Portal, or use these in any way for data gathering;5.2.7. arrange for repairs or alterations to be carried out to the Bicycle without the prior express written approval of Rybit; Unauthorized repairs will void any protection under the Lease-to-Own Program or Subscription.5.2.8. Take the Bicycle outside of the country of purchase/lease without prior written consent from Rybit.5.2.9. park the Bicycle in any place where this is prohibited;5.2.10. grant a security interest in the Bicycle; or5.2.11. make copies of the keys to the locks supplied with the Bicycle.5.2.12. add any carrier or bike trailer or drag or pull anything with the Bicycle unless approved by Rybit5.3 Violations 5.3.1. Rybit will charge the Customer for any violation of the terms in Section 5.2. A minimum amount of EUR 500 will be charged per violation. However, Rybit reserves the right to charge a higher amount depending on the severity and nature of the violation, such as unauthorized modifications or repeated improper usage of the Bicycle.5.3.2. For customers in the Lease-to-Own Program, repeated violations of the obligations outlined in Section 5.2 may result in immediate cancellation of the lease-to-own agreement. In such cases, Rybit will reclaim the Bicycle, and any payments made up to that point will be considered rental fees and will not be refunded. The customer will also be liable for any outstanding payments at the time of cancellation.

Theft, Embezzlement, Actual Loss, Total Loss

6.1. The Customer must safeguard the Bicycle against theft, embezzlement, and actual loss by enabling the alarm of the Bicycle (if fitted to the Bicycle) and keeping the Bicycle locked using as a minimum (depending on type) the ring lock supplied with the Bicycle or the rear-wheel lock integrated within the Bicycle and use the chain lock purchased by Customer. For customers in the Lease-to-Own Program, failure to use the required security measures may result in cancellation of the agreement and forfeiture of ownership rights. 6.2. In the event of theft, embezzlement, or actual loss, the Customer must notify Rybit accordingly by e-mail or via the Web Portal immediately, and in any event within 24 hours of discovery, and report the matter to the police. The Customer must return to a Rybit Brand Store all original keys to the Bicycle supplied to the Customer. 6.3. On receipt by Rybit of a report of theft, embezzlement, or actual loss of a Bicycle, together with a copy of the police report, Rybit will try to find the Bicycle. If Rybit fails to return the Bicycle to the Customer within two weeks of receipt of the report, Rybit will replace the Bicycle by one that is to the extent possible of equal value unless any of the situations described in section 6.6 of this article arises. 6.4. If the Bicycle is a total write-off or so badly damaged that the repair costs would exceed the amount of the actual value of the Bicycle, this is referred to as ‘Total Loss’. In the event of Total Loss, the Customer must notify Rybit immediately by e-mail or via the Web Portal , and in any event within 24 hours of discovery, and Rybit will replace the Bicycle by one of equal value to the extent possible, unless any of the events described in section 6.6 of this article has occurred. 6.5. Until such time as the Bicycle is returned to the Customer following its theft, embezzlement or actual loss, or the Customer receives a replacement Bicycle from Rybit, the Customer may rent an alternative bicycle provided there is one available. The Customer must collect the Bicycle (once it has been recovered), the replacement bicycle, and/or a rented bicycle from, and return them to the nearest Rybit Brand Store. For each occasion of theft, whether or not Rybit succeeds in recovering the Bicycle, Rybit will charge the Customer an admin fee. In addition, if the Bicycle cannot be recovered, Rybit will charge the Customer a deductible based on the model and the Protection of the Customer as mentioned in the order. If the bicycle can be recovered but is in need of repair, which is not covered by warranty, Rybit will charge the Customer for the cost of the repair up to a deductible based on the model and the Protection of the Customer as mentioned in the order. 6.6. Rybit will not replace the Bicycle, and the Customer is liable to make a payment to Rybit (i.e. the remaining Monthly Fee – up to a maximum of 12 months – and the amount mentioned in article 6.5) upon the occurrence of one or more of the following events:6.6.1. the Customer’s second occurrence of a theft, embezzlement, actual loss and/or Total Loss;6.6.2. the theft, embezzlement, actual loss and/or Total Loss is the result of their own fault, deliberate act, recklessness (whether or not intentional), and/or deliberate intent of the Customer. This would be the case if, for example, the Customer has not locked the Bicycle sufficiently or at all, has not used the Bicycle’s alarm, or not otherwise sufficiently protected the Bicycle against theft, embezzlement, or actual loss (for example, through careless handling of the keys), or if the damage or Total Loss is the result of improper use of the Bicycle (for example, by using the Bicycle in breach of these General Conditions); or6.6.3. the Customer, following an actual or alleged theft, embezzlement, actual loss, or Total Loss of the Bicycle, is unable to hand in the keys, if applicable, to the Bicycle to a Rybit Brand Store.

Duration and termination

7.1. A Contract is initially entered into by Rybit and a Customer for an initial period as specified in the order via the app or the website. After this initial period the Contract shall stay in force, unless a Customer terminates the Contract which is then allowed at any time and with immediate effect. For Lease-to-Own Program customers, the Contract is valid for a fixed period of 36 months, or until all payments are completed. 7.2. Rybit may terminate the Subscription or Lease-to-Own Program Contract at any time with immediate effect and without prior notice to the Customer if:7.2.1. The Customer has failed to pay two installments of the Monthly Fee and/or other sums owed under the Contract or these General Conditions. For Lease-to-Own Program customers, failure to pay two consecutive installments may result in the cancellation of the ownership transfer option.7.2.2. at the start of, or at any time during, the Subscription the Customer has supplied incorrect information;7.2.3. fraud has been committed or Rybit has a reasonable belief that fraud has been committed;7.2.4. the Customer shares their Key or log-in information for the Web Portal with, or otherwise transfers the same to, a third party in breach of the provisions of Article 4;7.2.5. the Customer refuses to bring the Bicycle to a Rybit Brand Store for maintenance or repair, or otherwise does not cooperate with any maintenance or repair;7.2.6. upon the occurrence of any of the events mentioned in Article 6.6 for Lease-to-Own Program customers, Rybit may also terminate the contract if the Customer fails to follow security requirements outlined in Clause 6, resulting in the loss or theft of the Bicycle.7.2.7. the Customer is in breach of any of the provisions of the Contract or of these General Conditions, and fails to remedy such breach(es) without delay;7.2.8. the Customer rides the Bicycle under the influence of alcohol or drugs; or7.2.9. the Customer uses the Bicycle for improper purposes, including but not limited to the performance of stunts, racing, riding off road, or any other use, besides safe operation on public or private roads or property and designated bicycle routes. 7.3. In the event of termination of the Subscription or Lease-to-Own Program by Rybit upon the occurrence of one or more of the events listed in Section 7.2, the Customer’s access to the Bicycle and the Web Portal will be immediately blocked, and the Customer must return the Bicycle to a Rybit Brand Store at their own expense. For Lease-to-Own Program customers, any payments made up to the point of termination will be treated as rental payments, and the Customer will not be entitled to any refund or ownership of the Bicycle.7.3.1. Demand the immediate return of the Bicycle to a Rybit Brand Store. If the Customer does not immediately return the Bicycle, Rybit is entitled to recover possession itself and to charge the Customer accordingly;7.3.2. receive payment of the Monthly Fee up to and including the month in which the Bicycle is returned with a maximum of twelve months, together with all other sums due under the Contract and/or these General Conditions; and7.3.3. compensation for all loss actually incurred by Rybit.7.4. Following termination of the Contract, the Customer must return the Bicycle to Rybit at Customer's expense in the same condition as it was supplied to the Customer, with any additions or changes made to the Bicycle by the Customer reversed. 7.4.1 If Customer fails to return the Bicycle to Rybit in the original condition, Rybit may charge the Customer in accordance with its Service Terms and Conditions.7.4.2 Rybit has the right to charge the Customer the Monthly Fee and any additional charges until the Customer has returned the Bicycle to a Rybit Brand Store. 7.4.3 Rybit retains the right to bill the customer for the entire bike's cost should the customer decline to return the bike to Rybit.7.5. In the event of termination of a Contract by either Rybit or the Customer, no refunds shall be paid to Customer by Rybit.

Payment, arrears of payment

8.1. The Monthly Fee and any other payments due under the Contract and/or these General Conditions, will be transferred monthly in advance by means of the payment method selected at the time of registration. Payment of the Monthly Fee for the next calendar month must be made by no later than the last day of the current calendar month.8.2. The Customer irrevocably authorizes Rybit to obtain payment of all sums owed by the Customer under the Contract and/or these General Conditions by means of direct debit from the account indicated by the Customer or the debiting of their credit card, or other selected payment method included in the Web Portal.8.3. If a payment has not been received by Rybit within 60 days of the payment date, Rybit reserves the right to recover the Bicycle. The Customer shall be liable for all costs thereby incurred by Rybit. 8.4. Rybit reserves the right to assign its rights under the Contract and/or these General Conditions. 8.5 For customers participating in the government subsidy program, any approved subsidy payments are made directly to the customer by the government and are not deducted from the amounts owed to Rybit.

Privacy

9.1. Rybit may store and process personal data and other information pertaining to the Customer and use this to make offers, whether or not personalised, to the Customer. Rybit’s collection and use of personal information is as provided in its privacy policy. 9.2. Rybit shall be entitled (but not required) – if the type of Bicycle permits this – to locate or track the Bicycle’s location, and/or to check whether prior to the alleged or actual embezzlement or theft the Bicycle had been locked.

Cancellation rights

10.1. The Customer has the right to cancel the Contract (and thus the Subscription or Lease-to-Own Program) after the contractual period specified in the order summary in the web portal or app. For Lease-to-Own Program customers, the right to cancel is limited to the conditions specified in Clause 15.4, which requires a request for early termination and approval from Rybit.10.2. To exercise cancellation rights, the Customer must notify Rybit clearly in writing (by letter or email) or via the Web Portal of their wish to cancel the Contract. For Lease-to-Own Program customers, any request for cancellation before the 36-month period must comply with the early termination process, including returning the Bicycle in accordance with the contract10.3. If the Customer cancels the Contract, the cancellation will not take effect until the Customer has returned the Bicycle to Rybit as specified in Article 7.4. Lease-to-Own Program customers who cancel early will be liable for any outstanding payments as described in Clause 15.4, and ownership of the Bicycle will not transfer. 10.4 For Lease-to-Own Program customers, Rybit reserves the right to deny cancellation requests that do not meet the early termination requirements outlined in the Contract, including any violations of the security or payment terms.

Liability; Assumption of risk

11.1. Rybit strongly recommends that the Customer wear a safety certified bicycle helmet that has been properly sized, fitted, and fastened, according to the manufacturer’s instructions. Wearing a safety certified bicycle helmet, properly sized, fitted, and fastened, while cycling may protect against an injury or may lessen the severity of an injury caused by an impact to the head; however, bicycle helmets are not 100% effective, do not protect against all head injuries, and do not protect against other injuries. RYBIT AND THE OTHER RELEASED PERSONS DO NOT REPRESENT OR WARRANT THE QUALITY OR SAFETY CHARACTERISTICS OF ANY HELMET, AND CUSTOMER AGREES THAT RYBIT AND THE OTHER RELEASED PERSONS ARE NOT LIABLE FOR ANY INJURY SUFFERED BY CUSTOMER WHILE RIDING A BICYCLE, WHETHER OR NOT CUSTOMER IS WEARING A HELMET AT THE TIME OF INJURY. CUSTOMER ASSUMES ALL RISK OF NOT WEARING A HELMET OR OTHER PROTECTIVE CLOTHING AND GEAR. Customer agrees that, when riding a Bicycle, Customer might need to take additional safety measures and precautions that are not specifically addressed in these General Conditions. 11.2. Disclaimer of WarrantiesCUSTOMER’S USE OF THE BICYCLE IS AT CUSTOMER’S SOLE RISK. THE BICYCLE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. RYBIT EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.RYBIT MAKES NO WARRANTY THAT (I) THE BICYCLE MADE AVAILABLE WILL BE SAFE, RELIABLE, OR DURABLE, (II) BICYCLE WILL MEET CUSTOMER’S REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE BICYCLE WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS. 11.3. “Released Persons” means, collectively, (i) Rybit and all of its and their owners, managers, affiliates, employees, agents, representatives, successors, and assigns. 11.4. Customer represents, warrants, and agrees that he or she (i) is a safe and competent bicycle operator, (ii) is sufficiently fit and physically capable to safely ride a bicycle without any risk to his or her health, (iii) is knowledgeable about the operation of a bicycle, and (iv) is knowledgeable about the laws pertaining to bicycles operated within the city in which he or she rides the Bicycle. LIKE ANY PHYSICAL ACTIVITY, RIDING A BICYCLE MAY CAUSE MINOR OR MAJOR INJURIES OR DISCOMFORT AND MAY WORSEN OR COMPLICATE UNDERLYING MEDICAL CONDITIONS OR DISEASES. BY CHOOSING TO RIDE A RYBIT BICYCLE, CUSTOMER ASSUMES ALL RESPONSIBILITIES AND RISKS FOR ALL SUCH INJURIES OR OTHER MEDICAL CONDITIONS. 11.5. Except for gross negligence or wilful misconduct by Rybit, (i) Rybit shall not be liable to the Customer for any injury to the Customer or any third party or for any damage to any property, and (ii) the Customer shall indemnify Rybit against, and shall hold Rybit harmless from any claims by Customer or any third party arising out of Customer’s use of the Bicycle including but not limited to any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including death).

Miscellaneous Provisions

12.1. Rybit reserves the right to make reasonable changes to the Subscription, Lease-to-Own Program, or these General Conditions (including any increase in the Monthly Fee) in line with the consumer price index. Customers will be notified at least 30 days before any changes become binding. For Lease-to-Own Program customers, changes to payment terms or ownership conditions will not affect agreements that have already been entered into unless legally required. 12.2. In the event that any condition or other provision herein contained is held to be invalid, void, or illegal by any court of competent jurisdiction, the same shall be deemed to be severable from the remainder of these General Conditions and shall in no way affect, impair, or invalidate any other condition or other provision contained herein. 12.3. The Customer agrees to information concerning the Subscription being sent only in digital form, such as by e-mail to the e-mail address provided at the time of registration.12.4. Rybit shall not be responsible or liable for any failure or delay in the performance of its obligation under the Subscription, the Contract, and/or these General Conditions arising out of or caused, directly or indirectly, by circumstances beyond its reasonable control, including, without limitation, acts of God; earthquakes; fire; flood; wars; threats of war; acts of terrorism; civil or military disturbances; sabotage; epidemic; riots; interruptions, loss or malfunctions of utilities, computer (hardware or software) or communications services; accidents; labor disputes or strikes; acts of civil or military authority or governmental action; and changes to relevant laws or regulations. 12.5. The Subscription, Lease-to-Own Program, and these General Conditions are governed exclusively by the internal laws of Luxembourg without giving effect to any choice or conflict of law provision or rule. For Lease-to-Own Program customers, any disputes regarding ownership transfer or payment obligations will be subject to these governing laws. 12.6. ANY LEGAL SUIT, ACTION OR PROCEEDING ARISING OUT OF OR BASED UPON THE SUBSCRIPTION, THE CONTRACT, AND THESE GENERAL CONDITIONS, SHALL BE INSTITUTED IN THE FEDERAL OR STATE COURTS LOCATED IN THE STATE AND COUNTY IN WHICH THE RYBIT BRAND STORE OE SERVICE POINTS WHICH HAS PROVIDED THE BICYCLE TO THE CUSTOMER IS LOCATED, AND EACH PARTY IRREVOCABLY SUBMITS TO THE EXCLUSIVE JURISDICTION OF SUCH COURTS IN ANY SUCH SUIT, ACTION OR PROCEEDING. SERVICE OF PROCESS, SUMMONS, NOTICE OR OTHER DOCUMENT BY MAIL TO SUCH PARTY'S ADDRESS SET FORTH IN THE SUBSCRIPTION OR CONTRACT SHALL BE EFFECTIVE SERVICE OF PROCESS FOR ANY SUIT, ACTION OR OTHER PROCEEDING BROUGHT IN ANY SUCH COURT. THE PARTIES IRREVOCABLY AND UNCONDITIONALLY WAIVE ANY OBJECTION TO THE LAYING OF VENUE OF ANY SUIT, ACTION OR ANY PROCEEDING IN SUCH COURTS AND IRREVOCABLY WAIVE AND AGREE NOT TO PLEAD OR CLAIM IN ANY SUCH COURT THAT ANY SUCH SUIT, ACTION OR PROCEEDING BROUGHT IN ANY SUCH COURT HAS BEEN BROUGHT IN AN INCONVENIENT FORUM. If Rybit prevails in litigation against, or settles a dispute with, the Customer to enforce its rights under the Subscription, the Contract or the General Conditions, Rybit shall be entitled to its costs, expenses, and reasonable attorneys’ fees (whether incurred at or in preparation for trial, appeal, mediation or otherwise) incurred in resolving or settling the dispute, in addition to all other damages or awards to which Rybit may be entitled. 12.7. Except in the case of a transfer of a Key in accordance with the provisions of Article 4, the rights of the Customer arising from the Subscription, the Contract, or these General Conditions cannot be assigned without the prior written consent of Rybit.

Force Majeure

13.1. If Rybit is unable to fulfil any of its obligations towards Customer due to force majeure, these obligations shall be suspended during the force majeure situation.13.2. Provided however, if a force majeure situation has lasted for six (6) calendar months or more, both Parties have the right to dissolve the Agreement in writing entirely or in part. In the event of force majeure of Rybit, Customer is not entitled to any compensation or damages, not even if Rybit would enjoy any benefit as a result of such force majeure.For Lease-to-Own Program customers, if the contract is dissolved due to force majeure, ownership of the Bicycle will not transfer, and all prior payments will be considered rental fees, with no further refund or ownership rights.13.3. Force majeure on the part of Rybit is to be understood to be any circumstance beyond the control of Rybit hindering the fulfilment of its obligations towards Customer entirely or in part or because of which Rybit cannot be expected in all fairness to fulfil its obligations, regardless of whether such circumstance could have been foreseen at the time when the Agreement was concluded. Such circumstances include but are not limited to fires, acts of terrorism, strikes and lockouts, the outbreak and/or spread of viruses and/or diseases, stagnation or other production problems suffered by Rybitf or its suppliers, or problems in the transportation provided by Rybit or any third parties, any government measures, as well as the inability to obtain any permit or license from any governmental body.13.4. Parties shall notify each other as soon as possible of any (possible) force majeure situation

Protection

14.1. Rybit provides Protection to safeguard Customer from specific charges as well as providing certain benefits to Customer. 14.2. When registering for a Subscription or Lease-to-Own Program, the Customer may select between Basic Protection and Protection Plus. These plans offer coverage for certain risks, including theft and accidental damage, based on the level of protection chosen at the time of registration.. 14.3. Protection Plus can be purchased for an additional monthly fee which is charted in addition to the Monthly Fee for the Subscription. If not otherwise stipulated the Contract and the Monthly Fee include Basic Protection by default. 14.4. Basic Protection and Plus Protection are outlined below and form binding part of this Contract. The applicable Protection depends on the Customer’s choice.

Items	Basic	Plus	Notes
Bike Checks	4/year	4/year	at Rybit stores only; includes: bolt tightening, brake alignment, chain oil, tire inflation, wipe down, software checks, wheels true checkexcludes: parts
Repairs incl. up to	€50	€100	4 times in a 12 month period; vouchers will be applied to any repair cost for parts or labor;vouchers can not be applied to any fees related to outright purchases of parts or accessories
Deductible	€900	€300	to be paid by Customer in case of theft, total loss, repair, or any other instance in which the bike is not recoverable or salvageable;the deductible is applied per instance, not per contract
Accessory Discount	5%	20%	applies to accessories purchases only, not to repairs or Rider Kit
Annual Break Fee	€200	free	option to break annual contract with termination of employment contract or permanent relocation;option to continue subscription under existing terms
Deposit	€150	free	deposit is refundable based on satisfactory return of the Bicycle
Rider Kit	€120	€80	available for purchase;including bicycle helmet & chain lock
Admin Fee	€50	€10	admin fee applies to certain activities such as theft processing or rescheduling appointments for no-shows
Bike Switching Fee	€20	free	a fee for swapping the Bicycle with a similar make and model at the Customers request.
Shipping	not available	not available	to be paid by Customer for shipping the Bicycle to any location within the US
Purchase Option	not available	yes	Customer can purchase a Bicycle of the same make and model after 18 months of uninterrupted Subscription;subject to approval on a case by case basis
Appointment Priority	not available	yes	priority provided over any Customer who does not have an active contract or over any Customer with Basic Subscription
Manufacturer Warranty	yes	yes	for duration of the entire lease contract
Pause Months	1	3	maximum number of months the Subscription can be paused when the Bicycle is not used;subject to approval on a case by case basis

Lease-to-Own Program 15.1 Rybit offers a Lease-to-Own Program where Customers can lease a bicycle with the option to purchase it after completing the agreed payment plan. 15.2 Upon completion of the lease period and full payments, ownership of the bicycle will transfer to the Customer. Rybit will provide a transfer of ownership document upon request. 15.3 Customers must pay a down payment of €600 and continue monthly payments over 36 months. Early payoff is permitted with no penalty, but ownership will transfer only after all payments have been completed. 15.4 Early Termination of Lease-to-Own Program: In case of early termination of the lease-to-own program, the customer must send a written request for early termination via email to Rybit's designated customer service. Rybit must approve the early termination before it is valid. Upon approval, the customer must return the bike in good condition to a Rybit Brand Store at their own expense. Failure to return the bike in acceptable condition may result in additional charges. The customer is responsible for any outstanding payments up until the return of the bike, and an adjusted fee will apply, based on the 12-month pricing plan. 15.5 The standard terms regarding bicycle maintenance, theft, and total loss outlined in Sections 3, 5, and 6 also apply during the lease-to-own period. 15.6 If the customer fails to complete the initial €600 payment by September 30 2024, the lease-to-own agreement will revert to standard subscription terms, and the customer will be required to pay the remaining balance in monthly installments as defined by Rybit’s general lease terms. The customer will not qualify for the lease-to-own program or government subsidy unless the full down payment is made by the specified date. 15.7 In the event of a customer failing to make all payments within the lease-to-own term (36 months), Rybit reserves the right to reclaim the bicycle. The customer will not be entitled to any refunds for previously made payments, as those payments are considered a rental fee until ownership is officially transferred.
Government Subsidy Program 16.1 Luxembourg residents purchasing or leasing a Pedelec25 or traditional bicycle from Rybit may be eligible for a government subsidy of 50% of the purchase price (including VAT), capped at €600. 16.2 Customers are responsible for applying for the subsidy and submitting the required documents (e.g., proof of purchase, proof of residency, etc.). 16.3 The subsidy does not reduce the initial payment or lease terms with Rybit, but it can help cover some costs after approval by the Luxembourg government. 16.4 Customers participating in the lease-to-own program must complete the €600 down payment before September 30 2024 to qualify for the Pedelec25 subsidy. Failure to do so may result in disqualification from the subsidy program, and the customer will be liable for the full cost of the bicycle. 16.5 Rybit is not responsible for any delays or rejections in the government subsidy application process. Customers who are rejected from the subsidy program or fail to complete their application on time will be responsible for the full price of the bicycle, including all associated lease or ownership costs, without reduction. 16.6 The government subsidy is non-transferable. If a customer transfers their lease or ownership of the bicycle to another individual, the subsidy will not apply to the new owner or lessee, and any remaining payments or costs will be the responsibility of the customer initiating the transfer.

------------------------------------------Service Terms and Conditions

Rybit - Service Terms and Conditions, Updated: Sept, 15th 2024

Firmware updates
1.1.
1. Firmware updates are part and a condition of Rybit’s maintenance and repair routine. Our firmware is being updated constantly to avoid bugs and ensure a great and safe rider experience. Furthermore, Rybit does not offer firmware downgrades for firmware versions.
1.2.
1. Rybit is not responsible for any functionalities of third-party apps before, during, and after maintenance and/or repair of the bike.
Unrepairable damage
2.1
1. . If unrepairable damage is discovered, Rybit reserves the right to deem a bike ‘unsafe to ride’, meaning a bike is not suitable for any use in traffic and on the road as Rybit cannot guarantee a safe rider experience. 2.2 Rybit is not liable for any damages of any kind as a result of the use of an unsafe e-bike by the Client or the Customer. Rybit strongly advises not to ride a bike that has been declared unsafe.
2.3
1. When a bicycle is declared unsafe to ride, Rybit offers the Client who is not a Customer with an active Subscription the following options: - Discount voucher: The Client will receive a 20% discount voucher that can be put towards the subscription with Rybit - Waiver: if the Client insists on getting the bike back, after being advised not to, the Client needs to sign a waiver to indicate that the Client fully understands the risks of riding an unsafe bike and will hold Rybit harmless in case of any damage of any kind as a result of the use of an unsafe bike.
2.4.
1. When a bicycle is declared unsafe to ride, Rybit offers the Customer with an active Subscription or Lease-to-Own Program to continue their agreement with an equivalent bicycle. Rybit will charge the Customer the deductible based on the Protection plan selected (Basic or Plus Protection). For Lease-to-Own Program customers, any remaining payments toward ownership will continue as per the original agreement
Pre-approved budget for repairs
1. 3.1. If a Customer or a Client agrees to a certain repair budget during i) the appointment booking flow in on the Rybit Website or the Rybit App or ii) when dropping off the bike in the service location, Rybit is allowed to execute a repair within that pre-approved budget. 3.2. If the costs for the repair exceed the initially approved budget, Rybit will contact the Customer or the Client and get approval for the new quotation before continuing the repair. 3.3. If the Customer or the Client does not agree to a pre-approved repair budget, Rybit will always contact the Customer or the Client and get approval for the (new) quotation before continuing the repair. 3.4 If the Customer or the Client rejects the new quotation or the repair Rybit has the right to charge an inspection fee of USD 50. This inspection fee will be waived if the Client or the Customer decide to proceed with the repair.
Service Warranty This Service Warranty (the "Warranty") provided by Rybit outlines the warranty terms and conditions related to the repair services performed and parts provided as part of the repair to any person having their bicycle repaired. By availing of Rybit’s repair services, the person agrees to the terms of this Warranty
1. 4.1.
Warranty Coverage
1. 4.1.1 Workmanship: Rybit guarantees the quality of workmanship for a period of thirty (30) days from the date of repair completion. This limited warranty covers defects in the workmanship of the repairs conducted by Rybit and does not extend to damage resulting from normal wear and tear, misuse, accidents, or alterations made by anyone other than Rybit. 4.1.2 Replacement Parts: Rybit provides a six (6) month warranty from the date of repair on specific replacement parts, limited to Batteries, Modules, and Motors ("Warranted Parts"). This warranty covers defects in materials and workmanship of the Warranted Parts provided and installed by Rybit during the repair
4.2.
Exclusions and Limitations
This Warranty does not cover
1. :
1. 4.4.
Voiding of Warranty
1. 4.4.1.Rybit reserves the right to void this Warranty if it is determined that the Customer has failed to follow care and maintenance instructions provided under the
General Terms and Conditions
1. or the
Lease-to-Own Program
1. , leading to damage or issues with the repaired areas or Warranted Parts. This includes neglecting firmware updates, failure to maintain the bicycle according to the maintenance schedule, or improper use of the bicycle.
1. 4.5.
Claim Process
1. To make a warranty claim, the customer must contact Rybit and provide proof of the original repair, including a detailed description of the issue. Rybit will inspect the bicycle to determine if the issue falls under the Warranty coverage. If the claim is validated, Rybit will perform the necessary repairs or part replacements covered under this Warranty.
4.6.
Limitation of Liability
1. Rybit’s liability under this Warranty is limited to the repair of the workmanship or the replacement of the Warranted Parts, and in no event shall Rybit be liable for incidental or consequential damages.
4.7
Governing Law
1. This Warranty shall be governed by and construed in accordance with the laws of the jurisdiction in which Rybit operates.
Pick-up & Storage Fees
1. 5.1 Client who is not a Customer with an active subscription has 5 days during which the Rybit Brand Store is open and operational to pick-up the bicycle after they have been notified that the bicycle is ready for pick-up at the Rybit Brand Store. 5.1.1. Every additional day of storage will be charged to the Client at USD 5 per day that the Rybit Brand Store is open and operational.
Service and General Terms & Conditions
1. These Service Terms & Conditions are supplementary to the General Terms & Conditions and our warranty policy