BROMPTON ELECTRIC APP - END USER LICENCE AGREEMENT 

1. Understanding this EULA 
2. The App and your eBike 
3. Your account and password  
4. Acceptable use 
5. Intellectual property  
6. App updates 
7. eBike Software updates 
8. Changes to this EULA 
9. Termination 
10. Our liability 
11. Other important information 
12. Governing law and jurisdiction 
13. Contacting us 

1. Who are we? 

Brompton Bicycle Limited is a company registered in England and Wales under company number 1261512, with its registered office at Brompton Bicycle Ltd Unit 1, Greenford Park, Ockham Drive, Greenford, Middlesex, London, England, UB6 0FD and with VAT number GB646228334 (“Brompton”). Brompton operates the Brompton Electric application (the “App”). 

2. Understanding this EULA 

2.1 This end user licence agreement (this “EULA”) describes how you may download, access, use and interact with the App, including the services made available through the App.  By accessing the App, this EULA will apply to you, and you agree to this EULA.  You should therefore read this EULA carefully before using the App.  

2.2 When certain words and phrases are used in this EULA, they have specific meanings (these are known as “defined terms”). You can identify these defined terms because they start with capital letters (even if they are not at the start of a sentence). Where a defined term is used, it has the meaning given to it in the section of this EULA where it was defined (you can find these meanings by looking at the sentence where the defined term is included in bold and speech marks). 

2.3 Consumers only. You may only use the App if you are acting for purposes that are wholly or mainly outside of your trade, business, craft or profession (a “Consumer”). Accordingly:  

     2.3.1 you may only use the App for your own domestic, private and non-commercial use; and 

     2.3.2 by using the App, you confirm that you are acting as a Consumer.  

2.4 In this EULA, when we refer to “we”, “us” or “our” (or similar), we mean Brompton; and when we refer to “you” or “your” we mean you, the person using the App.  

2.5 Please note that the App uses cookies, the use of which are governed by our cookies policy (available here https://www.brompton.com/legal/cookies), and we only use your personal information in accordance with our privacy policy (available here https://www.brompton.com/legal/privacy-policy).  

3. The App and your eBike 

3.1 The App is made available free of charge. 

3.2 In order to use the App:  

     3.2.1 if you are under the of 18 years, you must obtain your parent’s or legal guardian’s consent; 

     3.2.2 you require a phone or other compatible smart device running either the iOS or Android operating systems (the device you use will be referred to as the “Device”) with Internet access. You may not be able to use the App if the operating system on your Device is not up-to-date; and 

     3.2.3 to access certain services made available via the App, you must use in the App in conjunction with an official App-compatible Brompton Electric Bike (“eBike”) which operates certain software (“eBike Software”).  

3.3 You are responsible for making all arrangements necessary for you to have access to the App and to use the services made available thereon. You are also responsible for ensuring that all persons who access and use the App through your Internet connection are aware of this EULA and that they comply. 

3.4 The App and the content on it are provided for general information purposes only. They are not intended to amount to advice on which you should rely.  

3.5 You will be assumed to have obtained permission from the owners of any Devices that are controlled, but not owned, by you to download a copy of the App onto the Devices. You and they may be charged by your and their service providers for internet access on the Devices. You accept responsibility in accordance with this EULA for the use of the App on or in relation to any Device, whether or not it is owned by you.  

3.6 To use the App, you must also review and agree to the additional app terms set out in appendix 1 to this EULA and any other terms and conditions imposed by the app store from which you have downloaded the App. 

eBike Safety 

3.7 You are responsible for using your eBike safely and as directed. You must behave sensibly and follow any safety instructions so as not to hurt or injure yourself or others when using the App together with your eBike. 

3.8 In the absence of any negligence or other breach of duty by us, the use of our App together with your eBike is entirely at your own risk. 

3.9 When using the App together with your eBike, you must: 

3.9.1     comply with all safety instructions and guidelines provided by us from time to time (see here: [https://www.brompton.com/support/bikes/c-line/manuals-and-datasheets]; 

3.9.2     ensure the software on your App and eBike is up-to-date (see more details in clause ‎7); and 

3.9.3     ensure your eBike is regularly serviced by an authorised Brompton Electric dealer. 

4. Your account and password 

4.1 You must register an account with us on the App in order to use the App (“Account”).  Once you register an Account, you will be a “Registered User”.  

4.2 If you are under the age of  18 years  you must obtain your parent’s or legal guardian’s consent to register for an Account. If you register an Account, you will be asked to provide certain information (such as your name and email address) and to create a password, as part of our security procedures. You must treat such password as confidential and you must not disclose it to any third party. 

4.3 You agree that: 

4.3.1     all the information that you provide to us in connection with your Account is complete and accurate; 

4.3.2     you are the person whose details you have provided; and 

4.3.3     you will notify us immediately if there are any changes to the information you have provided to us.  

4.4 We have the right to disable any Accounts and/or passwords, at any time, if in our reasonable opinion you have failed to comply with this EULA. 

4.5 If you know or suspect that anyone other than you knows your Account login details, you must immediately notify us at [email protected].   

4.6 You are responsible for any unauthorised use of your Account login details. 

5. Acceptable use 

5.1 You agree: 

5.1.1     not to use the App in any unlawful manner, for any unlawful purpose or in any manner inconsistent with this EULA; 

5.1.2     to use the App for your personal use only as a Consumer;  

5.1.3     not to do any act or thing that might damage, disrupt or otherwise interfere with the operation of the App or any equipment, network or software used in operating the App; 

5.1.4     not to use the App to transmit information that is in any way false, fraudulent or misleading; 

5.1.5     not to infringe our intellectual property rights or those of any third party in relation to your use of the App (to the extent that such use if not licensed under this EULA); 

5.1.6     not to transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App; 

5.1.7     not to use the App by automated means or otherwise for the purposes of scraping, extracting or otherwise obtaining any material from the App for use within a third party website or application;  

5.1.8     not to collect or harvest any information or data from the App or our systems or attempt to decipher any transmission to or from the servers running the App; 

5.1.9     not to copy, or otherwise reproduce or re-sell any part of the App unless expressly permitted to do so in this EULA; 

5.1.10     except as permitted by applicable law, not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the App or attempt to do any such thing; 

5.1.11     not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the App; 

5.1.12     not to make alterations to, or modifications of, the whole or any part of the App, or permit the App or any part of it to be combined with, or become incorporated in, any other programs; 

5.1.13     to keep all copies of the App secure and to maintain accurate and up-to-date records of the number and locations of all copies of the App; 

5.1.14     not to provide or otherwise make available the App in whole or in part (including object and source code) in any form to any person without prior written consent from us;  

5.1.15     not to update the App when riding or moving; and 

5.1.16     to comply with all technology control or export laws and regulations that apply to the technology used or supported by the App. 

5.2 You acknowledge that you have no right to have access to the App in source-code form. 

5.3 We do not guarantee that the App will be totally secure or free from bugs or viruses. You are responsible for configuring your Device, information technology, computer programmes and platforms in order to access the App and we recommend that you use your own virus protection software. 

5.4 You must not misuse the App by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the App, the server on which the App is stored or any server, computer or database connected to the App. You must not attack the App via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the App will cease immediately. 

6. Intellectual property 

6.1 We grant to you a limited, non-transferable, non-exclusive, revocable licence to use the App on the Devices provided that you comply with this EULA and the documents referred to in it.  We reserve all other rights. 

6.2 We are the owner or licensee of all intellectual property rights in the App and its content and the BROMPTON name and mark. Those works are protected by intellectual property laws and treaties around the world. All such rights are reserved.  

6.3 You are not granted any right to use, and may not use, any of our intellectual property rights other than as set out in this EULA.  

6.4 No part of the App, including, without limitation, the text, designs, graphics, photographs and images contained in it, may be copied, reproduced, republished, uploaded, re-posted, modified, transmitted or distributed or otherwise used in any way for any non-personal, public or commercial purpose without our prior written consent. 

6.5 We welcome your feedback on the App. Any communications or materials you send to us through the App by electronic mail or other means will be treated as non-proprietary and non-confidential. We are free to publish, display, post, distribute and otherwise use any ideas, suggestions, concepts, designs, know-how and other information contained in such communications or material for any purpose, including, but not limited to, developing, manufacturing, advertising and marketing us and our products.  

7. App updates  

7.1 We do not guarantee that the App, or any content on it, will always be available or be uninterrupted. Access to the App is permitted on a temporary basis. We will not be liable to you if for any reason the App is unavailable at any time or for any period. We may update, change or otherwise modify the App from time to time for commercial, legal or other important operational reasons. 

We may suspend the App from time to time to make these updates. If we make any such updates, we will provide you with reasonable prior notification via the App (however we may be unable to provide any notice if updates are required for serious reasons, such as for security threats or changes in law or regulation). 

7.2 If you do not wish to continue using App following any such updates or suspension, you can cancel your agreement to this EULA by discontinuing your use of the App and deleting it.  

7.3 Please note that if we have released an update, you may not be able to use the App until you have downloaded such update. 

7.4 We may withdraw and discontinue the App at any time for any reason.  

8. eBike Software updates  

8.1 We may update, change or otherwise modify the eBike Software from time to time in order to: 

8.1.1     upgrade or improve your experience; 

8.1.2     address health and safety issues;  

8.1.3     implement technical adjustments; 

8.1.4     manage technical problems and security concerns; 

8.1.5     add new features; 

8.1.6     address changes in applicable law or regulation; or 

8.1.7     address other important operational reasons.  

8.2 Please note that if we have released an eBike Software update, you may not be able to use the App until you have downloaded such update. 

9. If you procure a service for your eBike via an authorised Brompton Electric dealer, you authorise that dealer to update your eBike’s Software, provided that the dealer is able to provide an update.   

9.1 We may make changes to the terms of this EULA from time to time. If we make any such changes, we’ll provide you with prior notice (however we may be unable to provide any notice if changes are required for serious reasons, such as for security threats or changes in law or regulation). Please check this EULA regularly to ensure that you understand the terms that apply at the time that you use App. If you do not wish to continue using the App following any changes, you can cancel your agreement to this EULA by contacting us using the details in clause ‎14 and discontinuing your use of the App.  

9.2 From time to time updates to the App may be issued through the relevant app store.  Depending on the update, you may not be able to use the App until you have downloaded the latest version of the App and accepted any new terms. 

10. Termination 

10.1 Either you or we may terminate this EULA at any time for any reason. 

10.2 If you breach this EULA, we may immediately do any or all of the following (without limitation): 

10.2.1     issue a warning to you; 

10.2.2     temporarily or permanently withdraw your right to use the App; 

10.2.3     if you are a Registered User, suspend or terminate your Account; 

10.2.4     issue legal proceedings against you for reimbursement of all costs resulting from the breach (including, but not limited to, reasonable administrative and legal costs); 

10.2.5     take further legal action against you; and/or 

10.2.6     disclose such information to law enforcement authorities as we reasonably feel is necessary to do so. 

10.3 If we withdraw your right to use the App, then: 

10.3.1     all rights granted to you under this EULA will cease;  

10.3.2     you must immediately cease all activities authorised by this EULA, including your use of any services provided through the App; and 

10.3.3     you must immediately delete or remove the App from all Devices, and immediately destroy all copies of the App then in your possession, custody or control and certify to use that you have done so. 

11. Our liability 

11.1 Nothing in this EULA excludes or limits our liability for: 

11.1.1     death or personal injury caused by our negligence; 

11.1.2     fraud or fraudulent misrepresentation; and 

11.1.3     any matter in respect of which it would be unlawful for us to exclude or restrict our liability. 

11.2 We assume no responsibility for the content of websites or mobile applications linked to from the App (including links to our commercial sponsors and partners). Such links should not be interpreted as endorsement by us of those linked websites or mobile applications. We will not be liable for any loss or damage that may arise from your use of them. 

11.3 The App may contain inaccuracies or typographical errors.  We make no representations about the reliability, availability, timeliness or accuracy of the content included on the App.  

1.1 Save as set out in clause ‎11.1, then: 

1.1.1     if we fail to comply with this EULA, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of this EULA or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it was an obvious consequence of our breach or if it was contemplated by you and us at the time that you accessed the App; 

1.1.2     nothing in this EULA affects your statutory rights. Advice about your statutory rights is available from your local Citizens’ Advice Bureau or Trading Standards Office (or local equivalent bodies);  

1.1.3     you agree not to use the App, or any content on the App, for any commercial or business purposes and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity; and 

1.1.4     our maximum liability to you under this EULA is limited to £100. 

12. Other important information 

12.1 Each of the clauses of this EULA operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining clauses will remain in full force and effect. 

12.2 If we fail to insist that you perform any of your obligations under this EULA, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you. 

12.3 We can transfer this EULA with you, so that a different organisation is responsible for the App. We’ll notify you in writing in advance if this happens.  If you do not agree to this transfer, you may cancel your agreement to this EULA by contacting us using the details in clause ‎14 and discontinuing your use of the App. 

13. Governing law and jurisdiction 

13.1 This EULA is governed by English law.  This means that your download, access, and use of, the App and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection therewith will be governed by English law.   

13.2 If you are resident in the UK or the EU and we direct the App to your country of residence: 

13.2.1     you may bring any dispute which may arise under this EULA to, at your discretion, either the competent court of England, or to the competent court of your country of habitual residence if this country is within the UK or the EU, which courts are (with the exclusion of any other court) competent to settle any such a dispute; and 

13.2.2     we will bring any dispute which may arise under this EULA to the competent court of your country of habitual residence if this country is within the UK or EU or otherwise the competent court of England. 

13.3 If you are resident in the UK or the EU and we direct the App to (and/or pursue our commercial or professional activities in relation to the App in) the country in which you are resident, you will benefit from any mandatory provisions of the law of the country in which you are resident. Nothing in this EULA, including clause ‎13.1, affects your rights as a Consumer to rely on such mandatory provisions of local law.  

14. Contacting us 

If you have any reasons for a complaint, we’ll endeavour to resolve the issue and avoid any re-occurrence in the future. You can contact us here. 

Terms last updated August 2024 

 

Additional App Terms 

The following terms and conditions will apply to your use of the App in addition to those set out in this EULA.   

For the purpose of this appendix 1, “Appstore Provider” means Apple.  

1. You acknowledge and agree that this EULA has been concluded between you and Brompton, and not with the Appstore Provider.  You acknowledge and agree that the Appstore Provider is not responsible for the App and its content. 
2. You acknowledge and agree that the Appstore Provider has no obligation to provide any maintenance or support in respect of the App.  Should you have any problems in using the App, please contact Brompton using the details in clause ‎14. 
3. In the event that the App does not conform with any product warranty provided for by this EULA, the Appstore Provider may provide you with a refund of the price that you paid to purchase the App (if any).  The Appstore Provider will, to the maximum extent permitted by law, have no obligation to you whatsoever with respect to the App. 
4. You acknowledge and agree that the Appstore Provider will not be responsible for addressing any claims that you might have relating to the App, including (without limitation): product liability claims; any claim that the App fails to conform to any applicable legal or regulatory requirement; and claims arising under consumer protection, privacy or similar legislation.   
5. In the event that a third party claims that the App infringes its intellectual property rights, Brompton (and not the Appstore Provider) will be solely responsible for the investigation, defence, settlement and discharge of such claim. 
6. You warrant and represent that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. 
7. If the Appstore Provider is Apple, you acknowledge and agree that Apple and its subsidiaries are third party beneficiaries to this EULA.  Upon your acceptance of this EULA, Apple will have the right to enforce the EULA against you as a third party beneficiary.