Terms of use for Haibike eConnect
1. Scope and provider, general information
(1) These Terms of Use apply to the use of the Haibike eConnect web portal and the Haibike eConnect apps as well as all associated devices such as the eConnect Hub, the eConnect Key and the Identification Card, applications, hardware and software ("Haibike eConnect" or "eConnect").
(2)The provider of Haibike eConnect is Winora-Staiger GmbH, Max-Planck-Str. 6, 97526 Sennfeld, Germany ("Provider" or "we").
(3) You can call up and print out the current version of these terms of use at any time using your browser.
(4) Your use of Haibike eConnect requires the conclusion of a user agreement between us and you and your agreement to these terms of use as part of the registration process. Therefore, please read these Terms of Use carefully.
2. Conclusion of contract
By registering your eBike via the eConnect app and agreeing to these Terms of Use, a contract of use is concluded between you and us.
3. Services of eConnect
(1) Functions - Depending on the bike, various functions are available to you via Haibike eConnect , e.g.
GPS-based monitoring function and theft protection
Tracking and route recording
Emergency message
Details on the functionalities and operating instructions can be found at https://www.haibike.com/de-en/service-und-beratung/econnect/faqs. The FAQ operating instructions are for descriptive purposes only and contain neither quality agreements nor guarantees.
(2) Countries - The countries for which eConnect is activated can be found in our FAQ (https://www.haibike.com/de-en/service-und-beratung/econnect/faqs). If you are travelling with your eBike outside of these countries, the Haibike eConnect hub has no connection to the server, meaning that the eConnect functions are not available to you.
(3) After registering, you can access eConnect either via the web portal or via the eConnect app. Individual functionalities of the services may be restricted depending on whether you access eConnect via the app or the web portal .
4. Conditions of use, registration, account
(1) To be able to use eConnect, you need an eBike from our company with eConnect function or an eConnect retrofit kit and the appropriate Y cable (depending on the motor type), the Haibike eConnect app and a smartphone with a mobile data contract. You may also need to purchase a suitable skid plate with a corresponding pre-drilled hole .
(2) Please note that you are responsible for providing the necessary technical requirements (in particular hardware, smartphone, web browser, internet access). The use of Haibike eConnect is free of charge for you, apart from any internet and mobile phone costs you may have to pay, .
(3) To create your account, you can simply register using the eConnect app, which you can download from the Google Play Store or Apple App Store. The eConnect app can be installed on all Android or iOS smartphones and is optimised for iOS from version 16 and for Android from version 5.0. It can also be installed on older versions, but some functions of the eConnect app may be impaired.
(4) To register your eConnect system, please have the frame and drawing number of your eBike (you can find it either on the frame at the end of the down tube or by removing the battery) and the eConnect card ready. You will also find your registration code on the eConnect card. As part of the registration process, you must agree to these terms of use.
(5) After registration you will receive an e-mail to the e-mail address you provided. If you do not receive an e-mail, please check your spam folder. You must confirm the link in the email and set a secure password. You can then log in to the app and the web portal at https://www.econnect-haibike.com/login using the email address and password provided. After registering in the app , please log in with your account and assign the eConnect key included in the scope of delivery to your eBike in the settings. Further instructions can be found in the quick start guide.
(6) If you do not complete the registration, we reserve the right to delete the incomplete account after a reasonable period of time.
(7) You are obliged to keep your registration data up to date at all times and to keep your access data secret. You are liable for all activities that take place using your account and for which you are responsible.
5. Availability
(1) Haibike eConnect runs via the Haibike eConnect Hub, a compact transmitter unit in which several central components have been integrated: a GPS transmitter for satellite-based location determination, a GSM chip for data communication and a Bluetooth transmitter for near-field communication, for example with sensors.
(2) eConnect is therefore limited to the reception and transmission range of the radio stations operated by the respective network operators and may also be impaired in particular by atmospheric conditions, dead spots, topographical conditions, the position of the eBike and obstacles (e.g. bridges and buildings). In addition, eConnect requires the functionality and operational readiness of the mobile phone network required for the installed GSM chip.
(3) Although we endeavour to use eConnect as uninterruptedly as possible within the scope of our technical and operational capabilities, we cannot guarantee that use will be uninterrupted or that it will not be interrupted or impaired by maintenance work, software updates or other disruptions.
(4) If you notice a malfunction of eConnect, you can inform our customer service using the contact details in Section 17.
6. Haibike eConnect contents
(1) All rights in eConnect and its content (collectively, the "Content") are protected by copyright or other rights and are owned exclusively by us or our licensors.
(2) The content may only be used for your own, non-commercial purposes during the term of the licence agreement. Reproduction, distribution and/or publication of the content is prohibited. If you use eConnect as part of a commercial or professional activity, you may only use the content for your own internal business purposes. Any other commercial use is prohibited.
7. Third-party content or services
(1) Haibike eConnect may contain links to content that does not originate exclusively from us, but from partners or other third parties (together "third-party content"), such as links to app stores, links to Google Maps or to other apps .
(2) Haibike eConnect may offer you the opportunity to connect your account or content with third-party services or content, e.g. to share routes via a third-party app. Please note that if you use third-party services, you are responsible for any costs incurred and for complying with the terms of use applicable to these services.
(3) Please note that we do not check third-party content and services for completeness, accuracy, security or legality. We also do not adopt third-party content as our own. We therefore assume no liability in any respect, including for the completeness, accuracy, security and legality of third-party content and third-party services. If we become aware of illegal third-party content, we will remove it from eConnect.
8. Unauthorised activities
(1) You may not use eConnect for any unlawful activity or activity that breaches these Terms of Use .
(2) eConnect is only intended for non-commercial use by the owner of the eBike. Use in connection with commercial purposes is not permitted unless we have expressly authorised it in writing. In particular, the commercial utilisation of the services and content available via eConnect is not permitted.
(3) You are obliged to refrain from actions that may impair the operation of eConnect or the underlying infrastructure, such as in particular
the transmission of content that contains viruses, worms, malware, Trojans or harmful properties;
the use of software, scripts or databases in connection with the use of eConnect;
the automated reading, blocking, overwriting, modifying, copying of data or other content if this is not necessary for the proper use of eConnect;
Activities with the aim of deciphering, decompiling, disassembling or reconstructing the source code, unless this is expressly permitted under mandatory law.
(4) We are authorised to terminate the user contract extraordinarily in the event of significant violations of the provisions of these terms of use.
9. Prices
(1) The use of eConnect is free of charge during the initial term in accordance with Section. Thereafter, you have the option of renewing your contract at the then applicable prices.
(2) The prices for any extension period are due upon booking .
10. Term and cancellation
(1) Your user contract runs for 24 months from the time you register your bike. For retrofit kits, the licence agreement runs for 36 months from the time of your registration. After that, you have the option of renewing your contract at the then applicable prices.
(2) Ordinary cancellation - We can terminate the Haibike eConnect user contract at any time with a notice period of 36 months to the end of the month. You can cancel the user contract at any time.
(3) The right to terminate for good cause remains unaffected for both parties.
(4) Form of cancellation - You can cancel the user contract by sending an informal email to our support team.
(5) Consequences of cancellation - If the user contract is cancelled, the account will be blocked at the time of termination. You will then no longer have access to your account and will no longer be able to use Haibike eConnect. We will delete any information stored in connection with the user account (e.g. routes). You are therefore obliged to export and back up any information on your own responsibility in good time before the user contract is terminated.
The data protection regulations apply primarily to personal data. You can find out when we delete personal data in the eConnect privacy policy.
(6) If you have created content (which is not personal data) as part of your use of eConnect, we will, at your request, provide you with the content free of charge, within a reasonable period of time and in a common and machine-readable format after the cancellation takes effect. However, this does not apply if the content
have no use outside the context of eConnect;
exclusively related to your use of eConnect; or
aggregated by us with other data and cannot be disaggregated or can only be disaggregated with disproportionate effort.
11. Sale or permanent transfer of your eBike
(1) If you sell your bike with eConnect to a third party or otherwise pass it on permanently, you must delete the eBike from your account before passing it on. The best way to do this is via the eConnect app. Your contract of use will then end automatically.
(2) In any case, it should be noted that the initial term does not start from the beginning, i.e. the remaining term is transferred to the new owner of the bike. For example: If you registered your eBike on 15.01.24 and sell it on 24.11.2024, the new owner can use the eConnect system free of charge until 14.01.2026. Please inform the new owner of this.
12. Right of cancellation
(1) If you are a consumer, you have a right of cancellation in accordance with the instructions in the appendix. According to Section 13 BGB, a consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or profession.
(2) The right of cancellation expires for contracts for the provision of services under the following requirements:
a) in the case of a contract that does not oblige you to pay a price if we have provided the service in full;
b) in the case of a contract that obliges you to pay a price, with the complete provision of the service, if you have (i) expressly consented before the start of the provision of the service that we begin with the provision of the service before the expiry of the cancellation period, (ii) in the case of a contract concluded outside of business premises, you have sent the consent in accordance with Section 12.2b)(i) on a durable medium, and (iii) you have confirmed your knowledge that your right of cancellation expires with the complete fulfilment of the contract by us.
(3) The right of cancellation expires for contracts for the provision of digital content that is not on a physical data carrier under the following conditions:
a) in the case of a contract that does not oblige you to pay a price, if we have started to fulfil the contract;
b) in the case of a contract that obliges you to pay a price, if (i) you have expressly consented to us commencing performance of the contract before expiry of the cancellation period, (ii) you have confirmed your knowledge that your consent in accordance with Section 12.3b)(i) extinguishes your right of cancellation upon commencement of performance of the contract, and (iii) we have provided you with a contract confirmation on a durable medium (e.g. by e-mail).
(4) In the event of cancellation, the provisions on the consequences of termination under clause 10 shall apply accordingly.
13. Liability
(1) We assume no liability for the accuracy and timeliness of the data and information transmitted via eConnect and are not liable for the consequences of disruptions, interruptions and functional impairments of the services for which we are not responsible, in particular in the cases described in Section 5.
(2) We shall be liable in accordance with the statutory provisions
a) for damages resulting from injury to life, body or health, which are based on a negligent breach of duty by us or an intentional or negligent breach of duty by our legal representatives or vicarious agents;
b) for other damages which are based on an intentional or grossly negligent breach of duty by us or on an intentional or grossly negligent breach of duty by our legal representatives or vicarious agents;
c) in accordance with the provisions of the applicable product liability laws,
d) to the extent of a guarantee assumed by us.
(3) In the event of slight negligence, we shall only be liable in the event of a breach of a material contractual obligation. Essential contractual obligations are those which make the fulfilment of the contract possible in the first place and on the observance of which you may regularly rely. This liability is limited to the typical damage foreseeable at the time the contract was concluded.
(4) Our liability is otherwise excluded.
(5) The above limitations of liability also apply to the personal liability of our employees, representatives and bodies.
(6) Claims arising from statutory warranty rights for material defects shall remain unaffected.
14. Exemption
You are obliged to indemnify us against all claims by third parties, including any resulting damages (e.g. costs for appropriate legal defence), arising from any culpable actions by you in connection with the use of Haibike eConnect in the event of a claim due to an alleged or actual infringement of rights and/or infringement of third-party rights.
15. Updating, modification of eConnect including price changes
(1) We may provide updates to the eConnect app to close security gaps or eliminate errors, among other things. You are obliged to install updates immediately.
(2) Changes to eConnect - We are entitled to change, supplement or discontinue eConnect or make it available for a fee at any time after the initial term has expired. There is no entitlement to retain certain free services after expiry of the initial free term.
We may also change eConnect at any time for valid reasons, in particular in the event of changes to the technical environment, changes in the number of users or improvements to the services. We will notify you of a change by e-mail at least 30 days before the change takes effect.
If you do not agree with the change, you can cancel the contract with a notice period of 30 days. The cancellation period begins with the receipt of the information about the change . We will inform of your right of cancellation separately in the announcement via .
(2) Should we only offer eConnect for a fee after the initial free period has expired, we will take the legitimate interests of our users into account and announce any changes in good time in advance. You can then decide whether you wish to continue using eConnect.
16. Amendment of the terms of use
(1) We may amend or supplement these Terms of Use at any time with effect for the future if this is necessary due to legal requirements or functional or technical changes or further developments of eConnect or the infrastructure associated with eConnect.
(2) We will notify you of any changes to these Terms of Use on a durable medium (e.g. by email and by notification in the app) at least six weeks before they come into effect. If you do not agree with the change, you can cancel the licence agreement within six (6) weeks of the announcement of the change. If you do not cancel the licence agreement within this period, this shall be deemed to constitute your consent to the change ("fictitious consent"); we will inform you of this separately in the announcement.
17. Contact
If you have any questions about these terms of use, you can contact us at any time by e-mail at econnect@winora-group.de .
18. Data protection
Information on the processing of personal data can be found in the privacy policy (https://www.haibike.com/de-en/service-and-advice/econnect/privacy) on the eConnect website.
19. Final provisions
(1) German law shall apply to all disputes arising from or in connection with this contract of use, to the exclusion of the UN Convention on Contracts for the International Sale of Goods, if you as a consumer have your habitual residence in Germany or in a country that is not a member of the European Union. If you have your habitual residence in a member state of the European Union, German law shall also apply, whereby mandatory provisions of the state in which you have your habitual residence shall remain unaffected
(2) The exclusive place of jurisdiction for all claims arising from the business relationship with merchants is Schweinfurt.
(3) Out-of-court dispute resolution: The European Commission provides a platform for online dispute resolution (OS). You can find the platform at: ec.europa.eu/consumers/odr.
We are not obliged or prepared to participate in a dispute resolution procedure in accordance with the German Consumer Dispute Resolution Act (VSBG).
(4) Should individual provisions of these terms and conditions of business and use be or become invalid or unenforceable, this shall not affect the validity of the remaining terms and conditions of use.
Cancellation policy
Right of cancellation:
You have the right to cancel this contract within fourteen days without giving any reason.
The cancellation period is fourteen days from the day the contract is concluded.
To exercise the right to cancel, you must inform us (WINORA-STAIGER GmbH, Max-Planck-Straße 6, 97526 Sennfeld, E-Mail: info@winora-group.de) of your decision to cancel this contract by a clear statement (e.g. a letter sent by post, fax or e-mail). You can use the attached sample cancellation form, but this is not mandatory.
To meet the cancellation deadline, it is sufficient for you to send your notification of exercising your right of cancellation before the cancellation period expires.
Consequences of the cancellation:
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees for this repayment
If you have requested that the services should commence during the cancellation period, you shall pay us a reasonable amount corresponding to the proportion of the services already provided up to the time at which you inform us of the exercise of the right of cancellation with regard to this contract compared to the total scope of the services provided for in the contract.
End of the cancellation policy
Sample cancellation form:
(If you want to cancel the contract, please fill out this form and send it back to us).
To the
WINORA-STAIGER GmbH
Max-Planck-Strasse 6
97526 Sennfeld
E-mail: econnect@winora-group.de
I/we (*) hereby cancel the contract concluded by me/us (*) for the purchase of the following goods
(*)/the provision of the following service (*)
Ordered on (*)/received on (*)
Name of the consumer(s)
Address of the consumer(s)
Signature of the consumer(s) (only for notification on paper)
date
(*) Delete as appropriate.