Legal notice — Bikewave Fleet
1. Information disclosure
Bikewave Fleet is a platform for managing internal bicycle fleets owned by BIKEWAVE GROUP S.L. (hereinafter “BIKEWAVE”), with the following identification details:
- Tax ID (NIF): B75857789.
- Registered address: Avenida de la Reina Victoria, 39, 5D, 28003 Madrid, Spain.
- Contact email: fleet@bikewave.es.
- Registration details: ESB75857789.
- Platform address: www.bikewave-eu.com.
This Legal Notice governs access to and use of the website and of the Bikewave Fleet environments in which it is published, including the booking interface and the management dashboard (hereinafter the “Website” or the “Platform”).
For the purposes of this Legal Notice, “Entity” means the city council, public body or organisation that contracts the service or authorises its use, and “User” means any person who accesses the Platform, including bicycle users and persons with administration permissions.
The terms under which the service is provided to each Entity are governed by the contract, tender specifications and other applicable contractual documents. This Legal Notice does not replace or amend those documents.
2. Use of the Website
Bikewave Fleet facilitates the management of internal bicycle fleets and the analysis of their use. Depending on the features contracted and enabled, it allows users to identify bicycles by codes or QR codes, check availability, make immediate or scheduled bookings, record the start and end of trips, report distances, battery levels and incidents, and view operational information and reports from the dashboard.
The availability of features and access to information depend on the service configuration and on the permissions assigned to each User. Access via a QR code does not, in itself, grant authorisation to use a bicycle.
The User must comply with applicable law, the Entity’s instructions and the terms of use communicated to them. In particular, the User undertakes to:
- Provide truthful information and keep up to date the data they are responsible for managing.
- Use only the accounts, bicycles and features for which they are authorised.
- Safeguard their credentials and report any sign of unauthorised access to the Entity or to BIKEWAVE.
- Record bookings, trips and incidents diligently, avoiding fictitious bookings or manipulated records.
- Respect the confidentiality of the information they have access to and not consult, export or disclose data outside their duties and permissions.
- Refrain from introducing malicious software, interfering with the operation of the service, circumventing security measures or accessing systems and data without authorisation.
- Respect the intellectual and industrial property rights of BIKEWAVE and of third parties.
Persons with administration permissions must use them exclusively for the functions authorised by their Entity.
BIKEWAVE may take proportionate measures to contain unauthorised access, security incidents or unlawful use, including the temporary restriction of the affected access. These measures will be applied in accordance with the law and the relevant contract, informing the Entity where appropriate and restoring access once the cause that justified them no longer exists.
3. Intellectual and industrial property
The rights to the software, interface, design, texts, images, logos and other elements of the Platform belong to BIKEWAVE or to their respective owners, who have authorised their use.
Access to the Platform does not transfer ownership of these rights. The Entity and its Users will have the rights of use necessary to use the service within the contracted scope and the permissions granted.
Except with the owner’s authorisation or where permitted by law, the protected elements of the Platform may not be reproduced, distributed, transformed, marketed or exploited outside that scope. The technical operations necessary for their legitimate use are permitted, as are the downloads or exports enabled under the contract and the User’s permissions.
The incorporation of data or content from the Entity or the Users does not entail a transfer of ownership to BIKEWAVE. Its use will be limited to the purposes and rights provided for in the applicable agreements and in the law, especially where it contains personal data.
4. Data protection
Using Bikewave Fleet may require Users to provide personal data. This data will be processed in accordance with applicable legislation and with the Bikewave Fleet Privacy Policy, which is available separately.
5. Liability and warranties
BIKEWAVE will apply the technical and organisational measures incumbent upon it to provide the service with due diligence. The levels of availability, support, maintenance and recovery of the service will be those set out in the applicable contractual documentation.
The Platform may be affected by connectivity interruptions, failures, incidents with technology providers or maintenance work. BIKEWAVE will take the measures incumbent upon it to prevent and resolve these situations and will announce planned interventions with the agreed notice or, failing that, with reasonable notice whenever possible.
Information on availability, bicycle status, distances and battery levels depends on the records and sources entered into the system. A booking or an indication of availability does not, in itself, certify the mechanical condition or safety of the bicycle.
The Entity will organise the use of its fleet and determine the authorised persons, the rules of use and the procedures for handover, return and reporting of faults, without prejudice to the functions it has contracted with BIKEWAVE or other providers.
The supply, physical maintenance, repair, insurance and other services related to the bicycles will be governed by the specific agreements that apply. The provision of software does not in itself mean that BIKEWAVE assumes all of these functions. This provision does not limit the obligations expressly assumed by BIKEWAVE.
The User must follow the safety instructions and report any anomalies they detect. If they notice a defect that could compromise safety, they must refrain from using the bicycle and follow the procedure indicated by the Entity.
Operational indicators and environmental estimates, including emissions savings where offered, depend on the data available and the methodology used. Their presentation does not amount to a certification or guarantee specific results, unless an express commitment applies.
Each party will be liable for the breaches and damage attributable to it under the law and the contract. No provision of this Legal Notice excludes liability that cannot legally be excluded or reduces BIKEWAVE’s contractual obligations.
6. Term and amendments
BIKEWAVE may update this Legal Notice to reflect changes in legislation or in the Platform, stating the date of the last update.
Amendments will apply from the date indicated in their publication, without retroactive effect. Where they materially affect the use of the service, they will be communicated through the appropriate channels and acceptance will be obtained where necessary.
Updating this Legal Notice does not allow the commitments made to an Entity to be amended unilaterally. Changes to the contracted service will be governed by the procedures set out in the contract and in applicable legislation.
7. Hyperlinks
The Platform may include links to third-party websites or services. The inclusion of a link does not, in itself, imply that BIKEWAVE endorses their content or has a relationship with their owner.
External websites are governed by their own terms and privacy information. BIKEWAVE will be liable for links in the cases provided for by applicable law and will handle reports of possibly unlawful content sent to its contact address.
This clause does not limit BIKEWAVE’s obligations with respect to the providers it uses to deliver the contracted service.
8. Severability and interpretation
If any provision of this Legal Notice is declared invalid or unenforceable, the remaining provisions will remain in effect to the extent legally possible.
Failure to exercise a right does not constitute a waiver of its later exercise.
In the event of conflict, mandatory rules and, within their scope, the specific terms of the contract with the Entity will prevail over this Legal Notice.
9. General information
BIKEWAVE may take the legal action available to it against any breach of this Legal Notice and any improper use of Bikewave Fleet, in accordance with applicable law.
10. Notices
Enquiries regarding this Legal Notice may be sent to fleet@bikewave.es or to the address given in section 1.
BIKEWAVE may send operational communications necessary for the service through the Platform or using the contact details provided for that purpose. Contractual communications with the Entity will follow the agreed channels and formalities.
Commercial communications, if any, will be governed by their specific legal requirements and will not be deemed authorised merely by accessing the Platform.