Terms of service

Read this End User License Agreement (EULA) carefully before installing and using the Application.

You understand and agree that by using the Application, you are bound by the terms and conditions of this EULA.

If you do not agree, do not use the Application.

This EULA applies solely to your use of the Application and the related services.

This EULA is binding upon you or the person you may represent when you check the acceptance box regarding this EULA.

More information about the processing of your personal data can be found in our privacy policy, available at https://velopass.com/privacy/?v=d3dcf429c679.

**Disclaimer**
Velopass is not designed to exclude or prevent theft. Velopass does not eliminate the risk of theft.
Velopass is not an official government database.

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**Definitions**
In addition to the terms and expressions defined in this EULA, the following terms and expressions with a capital letter used in this EULA shall have the following meanings (both in singular and plural):

**Account**: Has the meaning as outlined in Article 4.1.
**Application**: The Velopass user software application.
**GDPR**: Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data.
**Consumer**: A consumer as defined in Article I.1.2° WER.
**Duration**: The duration of this EULA, as defined in Article 9.
**EULA**: This End User License Agreement.
**User**: Any person who uses (the functionalities of) the Application, you.
**Intellectual Property**: All rights of artistic and industrial property, such as patents, trademarks, designs and models, copyrights (including software rights), database rights, trade secret rights and know-how (whether registered or not), and all applications for the same rights and all rights or forms of protection of equivalent or similar effect that may exist anywhere in the world.
**Business**: A business as defined in Article I.1.1° WER.
**Maintenance**: Services of corrective, adaptive, and perfective maintenance concerning the Software, including Updates.
**Force Majeure**: Any event or circumstance that prevents or hinders a Party from fulfilling one or more of its contractual obligations, provided and to the extent that the hindered Party proves (a) that this hindrance is beyond its reasonable control; (b) that it could not reasonably have been foreseen at the time of concluding the agreement; and (c) that the consequences of the hindrance could not reasonably have been avoided or overcome by the hindered Party. When a Party fails to fulfill one or more of its contractual obligations because a third party it has appointed to perform the agreement wholly or partly defaults, the relevant Party can only invoke Force Majeure to the extent that the above-mentioned requirements in this definition of Force Majeure are met for both the Party to the agreement and for the third party. Unless proven otherwise, the following events or circumstances affecting a Party are deemed to meet the requirements (a) and (b) above in this definition of Force Majeure, and the hindered Party need only prove that requirement (c) has been met: (1) war (declared or not), hostilities, invasion, occupation, military mobilization; (2) civil war, riot, rebellion, revolution, military or usurping power, insurrection, act of terrorism, sabotage, or piracy; (3) currency and trade restrictions, embargo; (4) lawful or unlawful government action, expropriation, seizure of works and/or assets by the government, nationalization; (5) epidemic; (6) natural disaster or extreme natural phenomena (e.g., earthquake); (7) explosion, fire, prolonged failure of energy, transport, telecommunications, and information systems; (8) strike or lockout.
**Party**: A party to this EULA, i.e., Velopass or you.
**Platform**: The Velopass software platform and database that connects the Application, the Software, and the Sticker and consequently processes data.
**Product**: The combination of the Sticker and the Software.
**Software**: The Velopass software, including the Application, API, and Platform, all applications, components, and/or generated information therein, which allows advanced data processing and interaction between the Sticker and the Application, including Updates and Upgrades.
**Sticker**: The QR code sticker designed, developed, and marketed by Velopass to be applied to a bicycle (or any other similar vehicle), for the purpose of linking to the Platform, also referred to as “chip” in the Application.
**Support**: Technical support to resolve technical and functional issues related to the Product.
**You**: The User of the Application.
**Update**: Any bug fix in the Software and/or any limited release, change, modification, revision, and/or improvement of the (existing operation and functionality of the) Software (so that it remains fully functional and in accordance with the current state of technology).
**Upgrade**: Any major release, new version, change, or improvement of the Software (including new features added alongside any bug fixes and improvement of the existing operation and functionality of the Software).
**Velopass**: Velopass BV, located at Stokerijstraat 29 bus a1, 2110 Wijnegem, with company number 0777.359.681, with email address support@velopass.com and phone number +32.471.60.15.73.
**Velopass-IP**: All Intellectual Property of Velopass.
**WER**: Economic Law Code.
**Business Day**: Monday to Friday, from 9 AM to 5 PM Belgian time, excluding Saturdays, Sundays, and Belgian public holidays.

In addition to the terms mentioned above, other terms may be defined in this EULA, which, when capitalized, shall have the meaning assigned to them in this EULA.

A reference to an Article is a reference to an article in this EULA, unless expressly stated otherwise or when the context indicates otherwise.

Terms defined in the singular have a similar meaning in the plural and vice versa. Terms defined as nouns have a similar meaning as verbs or adjectives and vice versa.

Titles are included for the clarity of this EULA and are not intended for interpretation, nor will they limit the content of this EULA.

Terms such as “including”, “such as”, “including but not limited to”, “e.g.”, “like” (both abbreviated and non-abbreviated) include a non-exhaustive enumeration. Terms such as “i.e.”, “i.e.”, “namely”, “i.e.”, “particularly” (both abbreviated and non-abbreviated) indicate a specification.

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**Subject**
This EULA grants you, and you accept, a limited, applicable, personal, non-exclusive, non-transferable, non-sublicensable, temporary, and revocable right to use the Application and (as soon as technically possible) to install it on a device that you own or manage, and solely for the purpose of using the Application whether or not in combination with the Sticker provided by Velopass for personal non-commercial or internal business purposes (e.g., as an employer for your employees) for managing data concerning the vehicle (including a bicycle) on which a Sticker has been applied by you, on your behalf, or with your consent.
The use of the Application is licensed to you, not sold.
You will not use the Application in a manner inconsistent with this EULA and/or applicable laws and regulations. You are solely responsible for ensuring that your use of the Application complies with this EULA and all applicable laws and regulations.

**Account**
You must surf to Velopass’s website (or (as soon as technically possible) download the Application via the App Store or Google Apps on a device that you own or manage) and create a (free) User Account (the Account).

By creating an Account, you accept the contents of this EULA. If you do not accept the EULA, you will not be able to create an Account and use the Software, and thus not the essential functionalities of the Sticker. In such a case, you waive all rights, claims, and demands against Velopass.
From the moment the Account is created, a connection is established with the Platform, and the functionalities of the Application can be used.
With your Account, you have the right to:
– register, add, and consult specific data related to one or more vehicles (e.g., bicycle) that you, that are registered on your behalf, or that are registered with your consent, and on which a Sticker has been applied by you, on your behalf, or with your consent, e.g., the brand, frame number, etc.;
– add personal data;
– register specific events regarding the vehicle, e.g., loss of it, end of its lifespan;
– transfer data regarding the vehicle to its new owner;
– use any additional services from Velopass partners;
– consult, configure, and manage your User Profile;
– configure and manage your security settings.

You are responsible for registering accurate and complete information in your Account. You are solely responsible for maintaining the confidentiality of the (login) credentials of your Account and all activities that occur under your Account. You agree to notify Velopass immediately of any (suspected) unauthorized use of your Account or any other breach of security or confidentiality that results from or may result from your error or negligence.

The registration of your Account is unique and individual.