Terms of Service

§ 1. General provisions

1. These Terms set out the rules for use of two separate web applications: the main website made available at miejski.bike (hereinafter: the „Main Website") and the web map made available at miejski.bike/mapa (hereinafter: the „Web Map"), as well as the mobile applications for the Android and iOS operating systems (hereinafter jointly: the „Mobile Applications"). The aforementioned components jointly constitute the „Service" within the meaning of these Terms, to the extent that the Operator exercises control over a given component.
2. The Service is made available under the miejski.bike brand by the entity operating the service (hereinafter: the „Operator"), who may be contacted at hello@miejski.bike.
3. Use of the Service implies familiarisation with these Terms and their acceptance to the extent permitted by generally applicable law. The User is also obliged to become acquainted with the Privacy Policy.

§ 2. Definitions

Whenever these Terms refer to:

1. Operator — this shall be understood as the entity operating the Service under the miejski.bike brand;
2. Main Website — this shall be understood as the web application available at miejski.bike;
3. Web Map — this shall be understood as the separate web application available at miejski.bike/mapa, constituting a technically independent component of the Service with different technical and functional characteristics from the Main Website;
4. Mobile Applications — this shall be understood as the applications designed for installation on devices running the Android or iOS operating system;
5. Service — this shall be understood jointly as the Main Website, the Web Map and the Mobile Applications;
6. User — this shall be understood as any person using the Service;
7. Services — this shall be understood as the informational functions made available within the Service, in particular the presentation of data concerning cycling infrastructure;
8. POI (Point of Interest) — this shall be understood as a point of interest marked on the Service's map, in particular a city-bike station, bicycle parking or service point.

§ 3. Character of the Services

1. The Service provides information about cycling routes and infrastructure, parking facilities, service points, city-bike stations and other POIs. The scope of data may differ between cities and change over time.
2. In particular, the Service does not include:
   • registration or maintenance of User accounts;
   • payment processing, subscriptions or reservations;
   • the conclusion of bicycle rental agreements;
   • guaranteed navigation or the assurance of route passability;
   • the guarantee of availability of a bicycle, rack or space at a station.

§ 4. Technical requirements

1. Proper use of the Service requires a device with access to the Internet and — in the case of the browser version — an up-to-date web browser supporting the JavaScript standard and WebGL technology, necessary to render the interactive map.
2. Use of the Mobile Applications requires a device running the Android or iOS operating system in the version specified in the application description made available in the Google Play or App Store.
3. The Operator shall not be liable for improper operation of the Service resulting from the User's failure to meet the technical requirements.

§ 5. Absence of accounts and of data provided by the User

1. The use of basic functions of the Service does not require the creation of an account or the provision of a first name, surname, telephone number, residential address or payment details. The Service does not offer any mechanism for creating a User profile.
2. The absence of an account does not exclude the processing of technical data by the User's device, browser and external providers. The rules relating to the processing of location data, analytical data, cookies and diagnostic data are set out in the Privacy Policy.
3. The User may voluntarily contact the Operator by means of electronic mail. The sender is responsible for the content of the message and the data provided in correspondence, to the extent permitted by generally applicable law.

§ 6. Location and User's device

1. The map functions and the Mobile Applications may make use of device location data upon the prior granting of the appropriate permission in the browser or operating system settings. The User may refuse to grant such permission or withdraw it at any time.
2. In the iOS application, granting the location permission may result in the transmission to the Firebase Analytics service of an event containing geographical coordinates rounded to four decimal places. The Web Map may automatically initiate a geolocation request upon loading of the page and may store the current view in a fragment identifier of the URL. Refusal to grant the location permission may limit the map centring and adjustment functions; it does not, however, give rise to an obligation to create an account.
3. Technical processing of data by third parties, including Mapbox Inc., Google LLC (including the Firebase services), Apple Inc., the hosting provider and other providers, is described in the Privacy Policy and the relevant documents of those entities.

§ 7. Data currency and sources

1. The data presented in the Service originates from the Operator's own compilations, public sources, partner data and external providers, including sources of data concerning city-bike stations. The Operator exercises due diligence to ensure that the data is useful to the User; however, it does not guarantee the completeness, currency, accuracy or availability of the data at any particular location or time.
2. The number of bicycles, free racks, route closures, signage and terrain conditions may change after the data has been downloaded. The User is obliged to independently verify signage, traffic regulations and safety conditions before commencing a ride.

§ 8. Rules for the use of the Service

1. The User is obliged to use the Service in accordance with generally applicable law, good practice and the provisions of these Terms. In particular, the following is prohibited:
   • circumventing or attempting to break the API authorisation mechanisms;
   • overloading, disrupting or testing the Service in a manner that may impair its proper functioning;
   • automated downloading of data in circumvention of the rules made available;
   • use of the Service for unlawful acts or acts endangering the rights or safety of other persons;
   • removal of copyright notices and information concerning data sources.
2. The Operator is entitled to restrict access to the Service where this is necessary for reasons of security, protection of infrastructure or the performance of an obligation arising from generally applicable law.

§ 9. Services and content of third parties

1. Maps, map data, store applications, social networking services, partner websites, Firebase services, Google Analytics, Mapbox and data providers may be subject to separate terms and privacy policies. The Operator does not exercise control over their functioning, content, availability or any changes made thereto.
2. Navigation to a third-party website or application takes place at the User's sole responsibility. In particular, the presentation of a rental operator's station or a redirection to its website does not constitute the conclusion of an agreement between the User and the rental operator, nor between the Operator of the Service and the rental operator.
3. The Web Map may load the Google Analytics service and transmit a page-view event without the use of a User account. The rules concerning cookies and analytical data are set out in the Privacy Policy.

§ 10. Intellectual property rights

1. The name, logo, source code, page layout, graphics, texts and interface elements of the miejski.bike Service are protected under generally applicable law or the licences of the respective rights-holders. These Terms do not transfer to the User any rights to the aforementioned elements.
2. Maps, public data, trade marks and partner materials may be subject to third-party rights. The User is obliged to use them in accordance with the applicable notices and licence conditions.

§ 11. Availability of the Service and changes

1. The Service is made available without a guarantee of uninterrupted operation. Interruptions in the operation of the Service may result in particular from maintenance work, technical failures, actions of external providers, changes to the operating system, loss of connectivity or other causes beyond the Operator's control.
2. The Operator reserves the right to modify, restrict or discontinue the provision of any function of the Service.
3. Amendments to these Terms shall be published on this page together with an indication of the effective date of the new version. Continued use of the Service following the entry into force of the amendments constitutes acceptance thereof.

§ 12. Liability

1. To the fullest extent permitted by generally applicable law, the Operator shall not be liable for: decisions taken solely on the basis of data presented in the Service; out-of-date or incomplete data; the condition of roads and routes; the unavailability of bicycles or of spaces at stations; the operation of external providers; interruptions in the availability of the Service; improper operation of the User's device; nor for any indirect consequences of the use of the Service.
2. The Service does not substitute for generally applicable law, signage, communications from the competent services or the User's own risk assessment. The User uses the Service at their own risk and is obliged to exercise due caution.
3. None of the provisions of these Terms exclude or limit liability which cannot be excluded or limited pursuant to mandatory provisions of law, in particular consumer rights and liability for damage caused intentionally.

§ 13. Complaints procedure

1. Comments concerning the operation of the Service, incorrect data and breaches of these Terms may be sent to the email address hello@miejski.bike.
2. A complaint should contain at least: a description of the problem; an indication of the location or area of the map to which the complaint pertains; an email address for return correspondence; and — where possible — the date on which the event occurred.
3. The Operator shall examine complaints within 30 days of receipt of a complete submission. The response is provided to the email address indicated in the complaint.

§ 14. Applicable law and dispute resolution

1. Matters not regulated by these Terms shall be governed by Polish law, in particular the Act of 18 July 2002 on the Provision of Services by Electronic Means and the Act of 23 April 1964 — the Civil Code, subject to mandatory provisions of law protecting consumers.
2. Consumers have the possibility of making use of out-of-court methods of examining complaints and pursuing claims, including via the Online Dispute Resolution (ODR) platform available at https://ec.europa.eu/consumers/odr/.