Sweden
GENERAL TERMS AND CONDITIONS

1. Introduction
(a) TIER Mobility Sweden AB (TIER) carries on the business of renting
out electric scooters (eScooters) and electric bikes (eBikes)
(collectively referred to as Vehicles) through its application for
web-enabled mobile phones (the TIER App). The Vehicles can only
be rented out to customers who have registered via the TIER App.
(b) These are the terms and conditions (the Terms) on which TIER
provides its services to you. They govern the use of the TIER App
and the Vehicle rental contracts entered into using the TIER App.
(c) Please read these terms carefully. They tell you how TIER will
provide its services to you, how to enter into or end the contract, what
to do if there is any problem and other important information.

2. Information about TIER and how to contact us
(a) TIER is a company incorporated in Sweden and having its registered
office at Östermalmstorg 1, 114 42 Stockholm.
(b) You can contact us by telephoning TIER’s customer service team on
+46 406688127 or by email to support@tier.app.

3. These Terms
(a) These Terms govern the use of the TIER App and the Vehicle rental
contracts entered into using the TIER App.
(b) TIER reserves the right to amend these Terms to the extent
necessary as required by law or by technological changes. TIER will
inform you by email of any such changes. Any changes will be
considered approved unless you have objected to them in writing
within six weeks of being notified of them by TIER. You will be
notified of your right to object to changes at the same time that you
are notified about the changes.


4. Your agreement for use of the TIER App
(a) In order to be able to rent a TIER Vehicle, you must first register as a
TIER customer by creating a user account in the TIER App. Each
customer may register only once. Only customers who have properly
registered may then use the TIER Services. You have no automatic
right to registration.
(b) When the registration process – during which you will be asked to
accept these Terms and to provide, in particular, your full name, email
address, personal mobile phone number and valid payment details –
has been completed successfully, you will have entered into a contract with TIER for the use of the TIER App (User Agreement). A
copy of the User Agreement will be sent to you by email.
(c) After that, you may rent Vehicles by concluding individual rental
contracts in accordance with these Terms. Please note that the User
Agreement itself will not give rise to any right, neither for TIER, nor
for you, to enter into a Vehicle rental contract.
(d) TIER is entitled to refuse to enter into a User Agreement or any
individual rental contract if it reasonably believes that individual will
not comply with these Terms.


5. User account
(a) You must be the named holder of the bank account or credit card
whose details you provide to TIER. You are obliged to keep up to
date the personal data which you provide during the registration
process. This applies in particular to your email address, personal
mobile phone number and payment details.
(b) You may not permit any third parties to use a TIER Vehicle which you
have booked via your user account and may not provide your login
details for use by other persons. You must, without delay: (a) change
your password if there is reason to believe that any other person has
become aware of it; and (b) notify TIER of this fact.
(c) In order to use the TIER App, you must have a web-enabled mobile
phone that meets the technical requirements of the TIER
App. Whenever the TIER App is downloaded, the user’s mobile
phone will automatically be checked as to whether it meets those
requirements. You are responsible for ensuring that mobile data
communications are possible and you shall bear any charges made
by your mobile service provider in respect of any data transmission.
(d) You are prohibited from reading out, copying or manipulating the
TIER App via information technology methods. If you are found to
have breached or attempted to breach this prohibition TIER is entitled
to withdraw your access to the TIER App with immediate effect
without prejudice to any other rights and remedies it may have by
law.
(e) You must inform TIER without delay of any loss or theft of the mobile
phone associated with your user account or of any other
circumstances which make it likely that your user account may be
used by third parties. In order to prevent misuse, TIER will then
disable access until the matter has been resolved and will inform you
via email of the fact that access has been disabled.


6. Reserving a Vehicle and starting a ride
(a) The rental of eScoooters is subject to availability. The Vehicles are
available only within a defined territory in a particular area
(the Business Territory)
(b) You may only rent Vehicles which are designated as available in the
TIER App. You should note that occasionally an inaccurate GPS
signal may cause deviations between the actual location of a Vehicle
and the location shown in the TIER App.
(c) A specific TIER Vehicle can be reserved free of charge for a
maximum of ten minutes before the start of the ride.
(d) By clicking “Start Ride” in the TIER App, you will make a binding offer
to rent the Vehicle you have reserved. TIER accepts this offer by
releasing the Vehicle for your use, creating a rental contract for that
ride.
(e) The rental period shall start when the individual rental agreement is
made and shall end when you end your ride in accordance with
paragraph 7, or once the maximum rental period of 60 minutes has
expired.
(f) You must notify TIER without undue delay of any defects or damage
to the Vehicle of which you become aware prior to commencing your
ride. You must not use a particular Vehicle if any such defects or
damage appear obviously likely to impair traffic safety or the general
functionality of the Vehicle.
(g) Similarly, you must notify TIER as soon as reasonably possible of any
other obvious defects or damage, such as worn tires or damage to
the mudguard.
(h) TIER may call you on the mobile phone number registered in your
user account if it detects any significant disruptions in your use of a
Vehicle.


7. Ending a ride
(a) When you want to end your ride, you must park the Vehicle properly
in accordance with paragraph 8 and then follow the procedure in the
TIER App to terminate the rental.
(b) You must inform yourself via the TIER App of the boundaries of the
Business Territory and the zones in which parking Vehicles is
prohibited. If you end your rental outside a Business Territory you are
responsible for the costs of transporting the Vehicle back to within the
Business Territory.
(c) You may terminate the rental via the TIER App only if the Vehicle is
located within the applicable Business Territory and outside any zone
in which parking Vehicles is prohibited. Note that you cannot terminate a ride without an internet connection so you may need to
move the Vehicle to a different location where an internet connection
can be established.
(d) If you fail to end the rental via the TIER App after parking the Vehicle,
the rental transaction will automatically be terminated, unless the
Vehicle is subsequently moved or used, after 60 minutes have
lapsed.
(e) If you are unable for technical reasons to terminate the rental
transaction using the TIER App you must notify TIER of this fact
without undue delay in order to coordinate further procedures for the
termination of the rental with TIER.
(f) Your obligation to pay the rental charge will end only when the rental
transaction is terminated, unless it was impossible for you to
terminate it for reasons beyond your control.
(g) When the rental transaction is terminated, the total rental period and
the total rental charge for that ride will be displayed to you. You will
also receive an invoice, which will be sent to the email address
provided in your TIER user account.


8. Parking a Vehicle
(a) Vehicles must be properly parked in public areas where the parking
of Vehicles is not prohibited by local rules or regulations.
(b) You must not park Vehicles in a way which endangers traffic safety or
the rights or legal interests of third parties.
(c) You must park the Vehicle using the kickstand with which the Vehicle
is equipped.
(d) In particular, Vehicles may not be parked:
(i) at a right angle to the roadway, at a right angle to the sidewalk,
near intersections or in a manner otherwise causing
impediments to road traffic; or
(ii) at trees, traffic signs, traffic lights, parking meters, vending
machines, fences of third parties, benches, containers, waste
bins, in front of or in the vicinity of emergency exits and fire
department buildings, in front of entrances or exits, in zones in
which no stopping is permitted, in access roads leading to
public transportation hubs, on bicycle paths, at orientation aids
for the blind, on pedestrian crossings, inside buildings, in
interior courtyards of buildings, at other vehicles, in parks and
green spaces, in places where the Vehicle would conceal
advertisements or street furniture or where the functioning of
an installation would be impaired, in areas reserved for loading and unloading purposes or in places reserved for other users
or services, or in areas where parking the TIER Vehicle would impede space required by wheelchair users and people with
disabilities.
(e) Vehicles must be parked in publicly accessible areas and not in
places that are difficult to access, including, in particular (unless they
are clearly designated as TIER parking spots):
(i) private premises or company grounds;
(ii) interior courtyards;
(iii) parking garages;
(iv) customer parking bays, in particular in front of shopping
centers, supermarkets, restaurants, and bars;
(v) parking bays of universities and other public facilities; or
(vi) interior spaces.
(f) Furthermore, Vehicles may not be parked in areas which are subject
to parking restrictions for certain days or times of day or for specific
vehicles. This also applies to parking prohibitions that have already
been notified by the local authorities but have not yet come into force,
for example, temporary parking prohibitions applying at a future point
in time due to events or house movers affecting the site in question.
(g) You are obliged to provide information in good faith, if requested by
TIER, about the exact location at which you parked a Vehicle.


9. Payment of the rental fee
(a) You are obliged to pay the rental fee for your use of a Vehicle. Prior
to your entering into a rental contract, the TIER App will display the
unlock fee for unlocking the Vehicle as well the price per minute for
using it (inclusive of applicable value added tax). The total rental fee
is payable when you end the rental contract.
(b) You will not be charged for the rental fee if for reasons beyond your
control you were unable to use a Vehicle despite it being designated
as available in the TIER App.
(c) You will be charged for your use of Vehicles either on a per minute
basis (fractions of minutes being charged as full minutes) or on the
terms of a pre-paid package. For the purchase of prepaid packages,
the Terms and Conditions for Prepaid Packages (available at
https://www.tier.app/tcs-prepaid-packages-sweden/) shall apply in
addition to these Terms.
(d) TIER works together with various payment service providers.
Payments are made according to the payment method selected by you in the registration process. By entering into a rental contract you
confirm that you are entitled to authorize the transfer of the specified
account by direct debit. You are responsible for ensuring that your
selected means of payment are sufficient to cover payment of the
rental fees. If a payment cannot be made due to lack of funds or for
other reasons for which you are responsible, TIER may charge you a
fee for its actual expenses incurred unless you can show that TIER
did not incur any expenses or incurred less. This is without prejudice
to any other legal rights and remedies available to TIER.
(e) You may set any claims which you may have against TIER against
TIER’s claims against you only to the extent that such counterclaims
are undisputed or have been finally and conclusively determined.


10. Assignment
TIER reserves the right to assign its claims under its agreement with you
to a third party, particularly for the purposes of debt collection. You will be
notified in a timely manner about any such assignment. In the event of
any such assignment you will be required to render payment to discharge
your debts only to the assignee, but TIER will remain responsible under its
agreement with you for general customer enquiries, complaints, etc.


11.Permission to drive
(a) You are only permitted to ride Vehicles if you have an active user
account with TIER.
(b) You must be able to drive a Vehicle without endangering pedestrian
or vehicular traffic and in accordance with applicable traffic rules and
public-order regulations. You must have experience or minimum
basic skills in driving a motorized vehicle and must be familiar with
the operation and safe use of motor vehicles.


12. Your obligations
(a) You must treat Vehicles with due care and consideration, observe the
applicable traffic regulations, and not endanger any third-party rights
or legal interests through your use of Vehicles.
(b) You must, in particular:
(i) observe the maximum load limit of 100 kg;
(ii) wear a helmet if local rules and regulations make this
compulsory;
(iii) not leave the TIER Vehicle unattended during the rental period;
(iv) report any defects or damages, particularly if caused by force
or by an accident, to TIER without undue delay upon becoming
aware of them;
(v) ensure, to the extent that you are reasonably able to do so, that
the Vehicle is used only in a condition that is safe to operate
and safe for pedestrian and vehicular traffic;
(vi) observe the applicable road traffic regulations while driving a
Vehicle. In the case of eBikes, electrical assistance will cut off
when the eBike reaches 15.5mph (the maximum speed);
(vii) immediately stop the Vehicle whenever a warning light appears
or an error signal is indicated on the display located near the
steering handles and contact TIER to find out whether the ride
can safely be continued; and
(viii) park the Vehicle properly in accordance with paragraph 8.
(c) You may not:
(i) ride a Vehicle under the influence of alcohol or drugs or
medications that could impair your ability to drive (a strict ban
on alcohol applies – 0.0‰ blood alcohol reading);
(ii) use a Vehicle for off-road driving, motor-sporting events or
races of any kind;
(iii) use a Vehicle for vehicle trials, for driver training, for the
commercial transport of passengers or for commercial
transportation (e.g. courier trips, food deliveries);
(iv) use a Vehicle to transport easily flammable, toxic or otherwise
hazardous materials, insofar as their volume exceeds normal
household quantities;
(v) use a Vehicle to transport objects or materials which, by virtue
of their characteristics, dimensions, form or weight, could
endanger riding safety or damage the Vehicle;
(vi) ride a Vehicle together with one or more other persons;
(vii) use a Vehicle to commit criminal offences; or
(viii) arbitrarily carry out repairs or conversions of any kind on a
Vehicle or have a third party do so.
(d) Out of respect for the environment, the general public, and your
fellow TIER customers, you shall endeavor to drive in a manner that
is orderly, ecologically friendly and not wasteful of electricity.


13. What to do in the case of accidents
(a) You must report any accidents involving a Vehicle to TIER without
undue delay.
(b) Following an accident, you must notify the police without undue delay
and ensure that the police officially record the accident. If the police refuse to record the accident or if this is impossible for some other
reason, then you should notify TIER of this fact without undue delay
and coordinate with TIER on how to proceed. This applies
regardless of whether you caused the accident yourself or whether it
was caused by a third party. You may not leave the site of the
accident until:
(i) the police have completed recording the accident (or, where
the police cannot record the accident, until you have notified
TIER and complied with TIER’s reasonable instructions); and
(ii) any measures to secure evidence or mitigate damage that
have been arranged with TIER have been duly implemented.
(c) In case of an accident involving a Vehicle driven by you, you must not
assume liability or make any comparable admission. If you assume
or admit liability despite this prohibition, then it will apply exclusively
against you and neither TIER nor its insurers will be bound by such
admission or assumption.
(d) Regardless of whether you yourself caused the accident or whether it
was caused by a third party, TIER will provide you with a form on
which to report any injury and/or damage. This form must be fully
completed and returned to TIER within seven days of being received
by you, the time of the form’s dispatch to TIER being conclusive in
terms of meeting this deadline. If the damage notification form is not
sent back to TIER prior to the deadline, this may mean that the
insurer will not process – and possibly not settle – the accident
claim. If the insurer refuses to settle the accident claim solely
because you missed the deadline for returning it, then TIER will
assert against you any claims made against TIER as a result.
(e) You are obliged to provide truthful information about an accident,
particularly where it occurred.

14. Insurance
(a) TIER Vehicles are covered by third party liability insurance.
(b) You are prohibited from acknowledging or settling any damage
covered by third party liability insurance without obtaining TIER’s
prior consent.


15. TIER’s liability
(a) TIER is responsible to you for foreseeable loss and damage caused
by TIER. If TIER fails to comply with these Terms it is responsible for
the loss or damage which you suffer which is a foreseeable result of
that failure or of TIER failing to use reasonable care and skill. Loss or
damage is foreseeable if either it is obvious that it will happen or if it was reasonably foreseeable to both parties when the contract was
made.
(b) TIER does not exclude or limit its liability to you where it would be
unlawful to do so. This includes liability for death or personal injury
caused by TIER’s negligence or the negligence of TIER’s employees,
agents or subcontractors; for fraud or fraudulent misrepresentation or
for breach of your legal rights.
(c) TIER is not liable for business losses. TIER’s Vehicles are provided
only for private use. If you use TIER’s services for any commercial or
business purpose TIER will have no liability to you for any loss of
profit, loss of business, business interruption, or loss of business
opportunity.


16. Your liability
(a) You will be liable to TIER for any damages for which you are
responsible. This particularly includes any theft, damage or loss of a
TIER Vehicle for which you are responsible. TIER is entitled to be
indemnifies by you in respect of any legitimate third-party claims
(including legal costs) insofar as you are not covered by your own
personal insurance.
(b) You are liable for all violations of road traffic regulations, public order
regulations and other statutory provisions for which you are
responsible in connection with your use of a Vehicle. You are liable
for any resulting penalties, fees and costs and must indemnify TIER
in respect of any resulting third-party claims. For the avoidance of
doubt, you will not be liable if and to the extent that any such
penalties, fees, costs or claims result from your use in accordance
with these Terms of a Vehicle which is defective.
(c) You will not be liable to the extent that an insurer compensates the
damage and no recourse is taken against TIER.
(d) No limitation of liability agreed between TIER and you in respect of
damages to a Vehicle will apply if you willfully caused the damage.


17. Temporary disabling of access to user accounts and exclusion from use
(a) TIER may temporarily disable your access to your user account if:
(i) data essential to contractual performance have been
incorrectly provided in the user account;
(ii) you default on payments exceeding any negligible amount,
despite having received notice of such default;
(iii) other significant contractual breaches occur for which you are
responsible; or
(iv) you lose the personal mobile phone that associated with your
user account, or if it is stolen from you, or it otherwise becomes
possible for third parties to make unauthorized use of your user
account.
(b) TIER will unblock your user account without undue delay once the
reason for the suspension has been resolved.
(c) TIER may prevent your further use of Vehicles if you repeatedly
breach these Terms and if you have failed to react to a warning letter
before TIER takes such action.


18. Term and termination of the User Agreement
(a) The User Agreement is concluded for an indefinite period and may be
terminated by either party to the agreement in writing upon giving a
notice period of two weeks prior to the end of any calendar month.
(b) Either party may terminate for cause with immediate effect. TIER
shall be entitled to terminate the User Agreement with immediate
effect if:
(i) you repeatedly default in making payments owed to TIER,
despite having been notified by TIER of such defaults;
(ii) you provide incorrect information or conceal factual
circumstances during the registration process or in the course
of your contractual relationship with TIER such that it would be
unreasonable to expect TIER to continue the contractual
relationship;
(iii) despite having been sent a warning letter before action, you fail
to desist from serious breaches of these Terms, or fail within a
reasonably time to correct any existing consequences of such
breaches;
(iv) you drive a Vehicle under the influence of alcohol or drugs;
(v) you disclose your login data for your TIER user account to
another person; or
(vi) you attempt to read out, copy or manipulate the TIER App.


19. Personal Data
(a) TIER will collect and process personal data relating to you insofar as
such data are required to perform TIER’s rights and obligations under
the Use Agreement. When processing your personal data, TIER will
observe the applicable statutory provisions, particularly those of the
EU General Data Protection Regulation (GDPR).
(b) For further details and information on the scope of the collection,
storage, and processing of personal data relating to you, please refer to TIER’s Privacy Notice available here:
https://www.tier.app/privacy-notice-sweden/

20. Dispute Resolution
Any dispute concerning the application or interpretation or application of
these general terms and conditions must be decided by a Swedish court
in accordance with Swedish law. The dispute may also be considered by
the Swedish National Board of Consumer Disputes (Sw: Allmänna
reklamationsnämnden), whose decision is a recommendation to the
Parties for how the dispute should be resolved.

21. Final provisions
(a) You may not assign to any third parties your rights or obligations
under the User Agreement without the prior consent of TIER. TIER
may transfer its rights and obligations under the User Agreement to
another company or legal person.
(b) If TIER does not insist immediately that you do anything which you
are obliged to do under these Terms, or if TIER delays in taking steps
against you in respect of any breach of these Terms by you, it will not
prevent TIER from taking steps against you at a later date.
(c) If a court finds part of these Terms unlawful, the remainder will be
unaffected. Each of the paragraphs of these Terms operates
separately. If any court or relevant authority decides that any of them
are unlawful, the remaining paragraphs will remain in full force and
effect.
(d) The User Agreement is made between you and TIER. No other
person shall have any rights to enforce any of its terms.


22. Customer service and complaints
If you have any questions, comments, complaints, or if you wish to contact
TIER for any other reason, you may contact TIER via telephone, post or
email using the following contact details:
TIER Mobility Sweden AB
Östermalmstorg 1, 114 42 Stockholm
Telephone: +46 406688127
Email: support@tier.app