XBoard App

Welcome to the Mubea U-Mobility XBoard App (hereinafter “app”)! These Terms of Use govern your use of the Muhr und Bender KG (hereinafter “We”/“Us”) app, which offers various functions for the management and use of our XBoards. By using our app, you agree to these terms and conditions. The contractual conditions of the purchase contract for the XBoard remain unaffected by this.

2.1 The app may only be used for personal use. Commercial use is prohibited.

2.2 You may not use the app for illegal or unauthorized purposes.

2.3 The app offers the following functions in particular:

- Provision of information about the XBoard (kilometers ridden, maximum speed, current speed and average speed, as well as status messages about your XBoard).

- Setting up Bluetooth and GPS connections, controlling lights and riding modes, locking the XBoard.

- Forwarding to our help center.

- Managing drivers and adding further XBoards in a digital garage.

- Changing the PIN code.

- Updating the e-scooter software and firmware.

- Requesting user data.

- Managing the user account and deleting the profile.

3.1 In order to use the app, you must create a user account. You are responsible for keeping your login details secure.

3.2 You are required to provide accurate and complete information when registering.
 

4.1 You are granted a revocable, non-exclusive, non-transferable, non-sublicensable right to use the App and all content and information obtained through it for the duration of your use of the App.

4.2 The right of use referred to in section 4.1 may be revoked or restricted by us at any time (in particular, but not exclusively, in the event of a breach of these Terms of Use).

5.1 You shall ensure that the specific use of the app does not violate these terms and conditions, applicable legal provisions (in particular the road traffic regulations) or the rights of other persons.

5.2 You remain responsible for the use of the App by third parties if you grant these third parties access to the App, in particular by not logging out after using the XBoard. You remain fully responsible for observing precautions for traffic safety and maintenance of the XBoard; all warning and error messages provided with the App are for information purposes only. You are solely responsible for complying with all road safety regulations and related laws at all times.

5.3 We reserve the right to block your account in the event of violations of these Terms of Use (in particular this section 5).

6.1 Unless otherwise stipulated in sections 6.2 to 6.5, we shall be liable in accordance with the applicable statutory provisions.

6.2 We are not liable in the event of force majeure (armed conflicts, epidemics, pandemics, natural disasters, labor disputes, embargoes, terrorist acts or other events that are beyond our control and cannot be averted or rendered harmless by us even with due care) and necessary maintenance work, repairs or other measures on the app. 

6.3 We are not liable for the correctness, accuracy, timeliness, completeness and/or quality of data, content and information that is recognizably provided by third-party providers via the App.

6.4 We are not liable for any damage or loss arising from your culpable use of the App in breach of these Terms. This applies in particular if you are distracted from the traffic while driving by the use of the app and this leads to an accident.

6.5 We are not liable for damage or losses that occur because you have culpably chosen an insecure password or have not kept the password secret or for damage that is culpably caused by third parties to whom you have granted access to the app. 

6.6 We are not liable for damages or losses resulting from the fact that recommended updates were not installed within a reasonable period of time. This applies in particular to updates to the software and firmware of the XBoard itself.

6.7 The limitations of liability in clauses 6.2 to 6.6 shall not apply in the event of intent, gross negligence, fraudulent intent, injury to life, limb or health, statutory product liability, fraudulent concealment of defects, assumption of a guarantee and/or breach of material contractual obligations (so-called cardinal obligations) by us towards you.

7.1 We take the protection of your personal data seriously. Further information can be found in our privacy policy.

7.2 By using the app, you consent to the collection and processing of your data in accordance with our privacy policy.

8.1 We reserve the right to change these Terms of Use at any time. Changes will be announced in the app.

8.2 By continuing to use the app after changes have been made, you agree to the amended terms.

9.1 The exclusive place of jurisdiction for claims in connection with these Terms of Use via the App is Attendorn (Germany), unless you use the App as a consumer within the meaning of Section 13 of the German Civil Code (BGB).

9.2 If you use the App as a consumer, we can only sue you at the court responsible for your place of residence or habitual abode. You may sue us at the court having jurisdiction for our administrative seat in Attendorn (Germany) as well as at any other court having jurisdiction for such a case under applicable law.

9.3 All disputes arising out of or in connection with these Terms of Use of the App shall be governed exclusively by the laws of the Federal Republic of Germany.

If you have any questions or concerns about these Terms of Use or if you wish to assert any rights in connection with these Terms of Use, you can contact us at  umobility@mubea.com .