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Clip.Bike Consumer Purchase Terms and Conditions | Last Modified: March, 12th, 2024

 

Acceptance of the Consumer Purchase Terms and Conditions.

These Consumer Purchase Terms and Conditions (the “Terms”) are a legal agreement between you (“You,” “Customer,” or “User”) and CLIP.BIKE, (“CLIP”, “Company,” “us,” or “we”), and apply to all consumer purchases by you of any CLIP Products (collectively, the “Products”) in the United States. You represent and warrant that you are at least 18 years of age. By purchasing any Products from CLIP, or by using the Products you thereby agree to these Terms in their entirety. Please read these Terms and Conditions carefully before using CLIP Products as they list your obligations and rights, which include a requirement that all disputes that you may have under these Terms be taken to arbitration, instead of a jury trial or class action (see the Arbitration Provision included below).

 

Application. 

These Terms apply to your purchase and use of the Products. Other interactions that you have with CLIP.BIKE are subject to other agreements, including the: 

1. Limited Warranty; 
2. Terms and Conditions for use of the website; and 
3. Privacy Policy.
   
   
   

Intellectual Property Rights.

All images, illustrations, designs, photographs, video clips, text, icons, research, insights, portfolios, reports, written information, and other materials that appear on CLIP Products or packaging (collectively, the “Content”) is subject to copyright, trademark, service mark, trade dress and other intellectual property rights or licenses held by the Company. These Terms permit you to use the Content for your personal, non-commercial use only. 

The Company's name, the terms "CLIP" and "Clip.Bike", the Company's logos, and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on Products or product packaging are the trademarks of their respective owners.

If you wish to make any use of the Company’s Content other than what is set out in this section, please address your request to: inquiry@clip.bike.

 

Disclaimer of Warranties.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL PRODUCTS AND SERVICES OFFERED BY THE COMPANY ARE WARRANTED ONLY TO THE EXTENT EXPRESSLY STATED IN THE APPLICABLE PRODUCT WARRANTY PROVIDED WITH YOUR PRODUCT, AND ONLY AFTER THE CUSTOMER HAS COMPLETED A SCHEDULED ONBOARDING SESSION WITH CLIP. OTHERWISE, THE PRODUCTS AND SERVICES ARE PROVIDED “AS IS,” “WITH ALL FAULTS” AND “AS AVAILABLE” AND THE ENTIRE RISK OF USE AND PERFORMANCE REMAINS WITH YOU. THE COMPANY AND ITS AFFILIATES, SUPPLIERS, AND LICENSORS DO NOT MAKE ANY REPRESENTATIONS, WARRANTIES, OR CONDITIONS, EXPRESS, IMPLIED, OR STATUTORY, AND HEREBY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT.

THE COMPANY, ITS AFFILIATES, SUPPLIERS, AND LICENSORS MAKE NO WARRANTY: (A) THAT THE PRODUCT OR SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE OR PROVIDED ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (B) THAT ANY INFORMATION OR CONTENT OBTAINED THROUGH IT WILL BE ACCURATE, COMPLETE, OR RELIABLE; OR (C) THAT ANY DEFECTS OR ERRORS THEREIN WILL BE CORRECTED.

Safety. 

• Disclaimer. Riding any bike, ebike, or similar vehicle involves certain risks, including but not limited to the risk of serious injury or death. You assume full responsibility for the risks involved in your use of CLIP Products or related merchandise and related activities. 

• Alterations. Any alterations, modifications, or other changes made by you to a CLIP Product following your purchase may void the Limited Warranty and shall be at your sole risk of harm. Any bike, ebike, or similar vehicle is subject to wear and tear, and certain components and fasteners can stretch or loosen with the vibrations and stress of normal operation. 

• Before you Ride. When using a CLIP Product, you assume full responsibility to perform a pre-ride safety check on the bike before each ride. Failure to do so could result in property damage, serious injury, or death. Incorrect assembly, maintenance, or use of a CLIP Product can cause component or performance failure, loss of control, serious injury, or death. Furthermore, you must read and understand the entire owner’s manual that came with your purchase and any documentation provided for subcomponents or accessories before riding. You assume full responsibility for the proper maintenance and the proper assembly and/or reassembly of the product. 

• Wear a Helmet. Riding any bike, ebike, or similar vehicle without a helmet puts you at very high risk of serious head injury or death. Always wear a properly fitted helmet that covers the rider’s forehead. Many locations require specific safety devices. You assume full responsibility to familiarize yourself and ensure the operator and any passengers adhere applicable helmet and safety laws or regulation where you ride.

 

 

Weather/Road Conditions and Bike Compatibility. 

• Intended Use. CLIP Products are designed for operation predominantly on dry roads and paved streets. Its construction is tailored to handle such environments.
• CLIP Products are Not Waterproof. CLIP Products are designed primarily for urban use, is water-resistant and intended for operation on dry to semi-dry paved roads/streets. Using CLIP Products in wet weather conditions, including but not limited to, rain, mist, or high humidity, is strongly discouraged. Use in such conditions could be unsafe and may result in damage to the Product and is not recommended.
• CLIP Products are Designed for Operation Within a Temperature Range of 32℉ to 100℉. Operation of Company products outside the prescribed temperature range (32°F to 100°F) may lead to irreversible damage to the battery and other electronic components. Usage in conditions significantly below 32°F or approaching 100°F may result in notable performance degradation, including, but not limited to, reduced motor efficacy, accelerated battery depletion, and protracted charging durations.
• Performance in Reduced Temperature Conditions. In environments where the temperature is near or falls to 32°F (0°C), a product’s operational efficiency may be substantially reduced. This reduction in performance may manifest as slower acceleration, diminished torque or pull strength, and a slight decrease in overall range. It is important to note that these effects may become apparent in temperatures starting at 45°F.
• Performance in Elevated Temperature Conditions. In scenarios where the ambient temperature is close to or exceeds 100°F (37.78°C), the product’s functionality may suffer adversely. This includes a potential reduction in motor power and the likelihood of receiving lower assistance from the Product due to overheating of electronic components, and a thermal cut-off mechanism which may eliminate assistance from the Product in order to protect the motor from high temperatures Such conditions may begin to affect performance at temperatures starting from 85°F ambient temp.
• Critical Operational Advisory. The Company’s product should NOT be used if there is a noticeable decrease in performance, or if the Product ceases to function when the ambient temperature is within the range of 85°F to 100°F or exceeds 100°F. Continuing to use the product under these conditions may result in damage to the product and could pose safety risks.

 

General Safety Guidelines. 

• CLIP Products are commuter devices and are intended for use in urban environments, specifically on bike lanes or paved roads in compliance with traffic regulations. Usage of CLIP on off-road or dirty terrain is not recommended.
• CLIP Products are engineered for attachment exclusively to the front wheel of a city bike (commuter, hybrid, road & shared ) with a wheel diameter between 26 and 28 inches and a width between 1.4 and 2.0 inches. CLIP should and cannot be installed on any other part of a bike except the front fork as prescribed. CLIP recommends confirming compatibility by emailing the CLIP support team.
• CLIP Products are NOT compatible with bikes equipped with front suspension forks or cargo bikes. Users with doubts regarding compatibility should consult the Company’s product support for verification. Any doubts about CLIP compatibility will be immediately answered by the Company’s support team.
• Prior to each use of a CLIP product, the user must ensure the bike is in perfect condition for safe riding, including but not limited to functioning brakes, fully inflated tires (between 70-80 PSI (Pounds per Square Inch) and in no event below 60 PSI), and tightened nuts, screws, and bolts. 

 

Bike Compatibility.

Users are responsible to check for the compatibility of a bike with support@clip.bike. Even if the bike is listed as compatible by support@clip.bike, attaching and detaching CLIP in the correct manner before every ride is the User’s responsibility.

Age Restrictions. 

CLIP products are designed and intended exclusively for use by individuals who have attained the age of majority, being 18 years or older. Individuals under the age of 18 may lack the necessary judgment and skill to safely operate the Company’s products, potentially resulting in damage, serious injury, and/or death. You assume the responsibility to ensure the age of the operator is at least 18 years old and comply with your local laws and regulations regarding operator age and other qualifications.

• Mandatory Supervision for Minors. In instances where an individual under the age of 18 uses the Product, it is a mandatory requirement that such use be directly supervised by an adult. The adult supervisor assumes full responsibility for ensuring the safe and proper use of the Product by the minor.
• Liability Disclaimer. Any use of the Product by individuals under the age of 18 without the requisite adult supervision shall be considered a violation of these terms. Such unsupervised usage absolves the manufacturer, distributors, and affiliates of the Product from any liability resulting from or related to such use.

 

Restrictions on Loaning CLIP Products. 

All use of CLIP products is restricted to individuals who have reviewed these Terms, and undergone an onboarding session with the CLIP support team. Any use of CLIP products by Individuals who have not undergone an onboarding session, and has not reviewed these Terms, could potentially result in damage, serious injury, and/or death. You assume full responsibility for ensuring the safe and proper use of the Product, including the compliance with these Terms, and all local laws and regulations regarding operation.

• Liability Disclaimer. Any use of the Product by individuals who have not reviewed these Terms, and has not undergone an onboarding session with the CLIP support team,  shall be considered a violation of these terms. Such restricted usage absolves the manufacturer, distributors, and affiliates of the Product from any liability resulting from or related to such use.

 

Operating and Using CLIP Products.

• Before Using CLIP Products. The user must ascertain and verify that the Product handle lock is engaged and confirmed to be in the correct locking position, ensuring it is fully locked and secure. Failure to comply with this requirement may result in severe bodily injury or death. Noncompliance with these instructions could lead to the Product disengaging and falling off during use if the handle is not secured properly. The user must also verify that the Product is correctly positioned and secured with red pegs behind the fork in both horizontal and vertical orientations. The user must also ensure that the remote is firmly attached to the handlebars and paired with the device.

• Operating CLIP Products. Avoid touching and placing fingers near and in the roller mechanism. Failure to heed this warning may cause serious injury. The Product features regenerative braking, activated by holding the white button on the Bluetooth-enabled remote. This feature recovers approximately 15% of energy but should not be used as a substitute for the bike’s brakes.

• After Using CLIP Products. The user must hold firmly onto the Product when detaching it from the fork. The spring loaded mechanism may destabilize the device or the bike. Please ensure that the remote is placed back on the device to recharge. Store the Product safely including standing it securely away from children to prevent falling on anyone, and keeping the device in a safe, dry and well-ventilated location. 

 

 

Battery Safety, Charging, and Storage.

• Damaged Batteries. The user must immediately stop using the Product if the battery or charger is damaged, exhibits signs of abnormal performance, or has been significantly impacted. This includes, but is not limited to, frayed or damaged electrical cables, leakage of a clear, pungent, gel-like substance from the battery, overheating, unusual smells, or popping sounds from the charger. Damaged batteries or chargers should be stored safely away from flammable materials and disposed of according to local regulations. Contact support@clip.bike for immediate guidance.

• Do NOT Open the Product. The user is prohibited from opening CLIP Products, which contains a lithium-ion battery pack. Doing so may create fire hazards or cause accidents.

• Storage. The Product should be stored in a dry, well-ventilated area at room temperature, away from any sources of heat including appliances, vents, pipes, and radiators. . It is recommended not to store the unit fully charged, maintaining a battery charge between 20% and 30% of full capacity, if not in use for an extended period.

• Airplanes. CLIP Explorer is not permitted on airplanes due to its 192 Wh lithium-ion battery exceeding most airline battery size limits.

• Charger Safety. The user must only use the charger supplied by CLIP. Use of non-CLIP chargers may pose a fire risk, damage the device, and void the limited warranty. The CLIP Charger is compatible with 100-240 VAC outlets and is designed to prevent overcharging. It is not compatible with USB C charging ports. Charging should be supervised and occur at room temperature in a dry location.

 

 

Safety Checks. 

Pursuant to the applicable standards and safety guidelines, the condition of the Product must be monitored regularly. In particular, special attention should be directed towards the corners of the Product. Additionally, the orange clamp feet located at the bottom of the clip must be scrutinized for integrity and functionality. Furthermore, it is essential to ensure that the handle of the Product remains free from any form of damage or deterioration that may compromise its effectiveness or safety. Failure to adhere to these inspection protocols may result in unforeseen operational hazards and is strongly discouraged. This notice serves as a reminder to maintain vigilance in the regular assessment of CLIP Products to ensure ongoing operational safety and efficiency.

 

Warranty.

Activation of the 1-year limited warranty, which covers the original Product (motor, battery, remote, and charger) for manufacturer’s defects, requires scheduling an onboarding session with our support team within 30-day of receiving the Product. The warranty does not cover improper installation or use, normal wear and tear, deliberate damage, negligence, or accidents. Unauthorized repairs or disassembly of CLIP Products will void the warranty. Warranty claims should be directed to support@clip.bike.

 

Security. 

CLIP Products do not lock to the bike and can be easily removed. Users are advised not to leave CLIP Products unattended but instead to detach and secure them.

 

Limitation on Liability.

EXCEPT FOR LIABILITY RESULTING FROM OUR GROSS NEGLIGENCE OR WILFUL MISCONDUCT, IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE ANY PRODUCTS OR SERVICES OBTAINED THROUGH THE COMPANY, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, PROPERTY DAMAGE, LOSS OF PRIVACY, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OR CORRUPTION OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. 

 

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COLLECTIVE LIABILITY OF THE COMPANY AND ITS SUBSIDIARIES AND AFFILIATES, AND THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, TO ANY PARTY—REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE—EXCEED THE AMOUNT YOU HAVE PAID TO THE COMPANY IN THE LAST TWELVE (12) MONTHS OUT OF WHICH LIABILITY AROSE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

 

Acknowledgment and Indemnification.

You acknowledge that there are inherent risks and dangers involved with the use of our Products. You understand that such risks can result in injury, death, illness, disease, or physical or mental damage to yourself, your property, third parties and their property, or the property of the Company. You agree to release, waive, defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to: (i) your purchase or use of any Products, (ii) your violation of these Terms, or (iii) your violation of another party's rights or applicable law.

 

The Company reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with the Company in asserting any available defenses. 

 

Arbitration Provision. 

The Company is committed to participating in a consumer-friendly dispute resolution process. To that end, these Terms provide for a two-part process for individuals to whom this Arbitration Provision applies: (1) an informal negotiation directly with the Company's customer service team, and if necessary (2) a binding arbitration administered by the American Arbitration Association (“AAA”). You and the Company each retain the right to seek relief in small claims court as an alternative to arbitration.

1. Mandatory Pre-Arbitration Dispute Resolution and Notification. At least thirty (30) days prior to initiating an arbitration, you and the Company each agree to notify the other party of the dispute in writing and attempt in good faith to negotiate an informal resolution. You must send your notice of dispute to inquiry@clip.bike. The Company will send its notice of dispute to the email address associated with your account. A notice of dispute must include: the party’s name and preferred contact information, a brief description of the dispute, and the relief sought. If the parties are unable to resolve the dispute within the 30-day period, only then may either party commence arbitration by filing a written Demand for Arbitration (available at www.adr.org) with the AAA and providing a copy to the other party as specified in the AAA Rules (available at www.adr.org).
2. Agreement to Arbitrate. You and the Company mutually agree that any dispute, claim or controversy arising out of or relating to these Terms or the applicability, breach, termination, validity, enforcement or interpretation thereof will be settled by binding individual arbitration (the “Arbitration Agreement”). If there is a dispute about whether this Arbitration Agreement can be enforced or applies to our Dispute, you and the Company agree that the arbitrator will decide that issue.
3. Arbitration Rules and Governing Law. This Arbitration Agreement evidences a transaction in interstate commerce and the Federal Arbitration Act governs all substantive and procedural interpretation and enforcement of this provision. The arbitration will be administered by AAA in accordance with the Consumer Arbitration Rules and/or other AAA arbitration rules determined to be applicable by the AAA (the “AAA Rules”) then in effect, except as modified here. The AAA Rules are available at www.adr.org. To initiate arbitration, a completed written demand (available at www.adr.org) must be filed with the AAA and provided to the other party, as specified in the AAA rules.
4. Modification to AAA Rules – Arbitration Hearing/Location. You and the Company mutually agree that any required arbitration hearing must be conducted: (i) in New York, New York; (ii) via phone or video conference; or (iii) if all parties agree, by solely the submission of documents to the arbitrator.
5. Modification of AAA Rules – Attorney’s Fees and Costs. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Rules and, where appropriate, limited by the AAA Consumer Rules. Either party may make a request that the arbitrator award attorneys’ fees and costs upon proving that the other party has asserted a claim, crossclaim, or defense that is groundless in fact or law, brought in bad faith or for the purpose of harassment, or is otherwise frivolous, as allowed by applicable law and the AAA Rules.
6. Arbitrator’s Decision. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court with proper jurisdiction under these Terms. The arbitrator may award any relief allowed by law or the AAA Rules, but declaratory or injunctive relief may be awarded only on an individual basis and only to the extent necessary to provide relief warranted by the claimant’s individual claim.
7. Jury Trial Waiver. You and the Company acknowledge and agree that we are each waiving the right to a trial by jury as to all arbitrable disputes.
8. No Class Actions or Representative Proceedings. You and the Company acknowledge and agree that, to the fullest extent permitted by law, we are each waiving the right to participate as a plaintiff or class member in any purported class action lawsuit, class-wide arbitration, private attorney general action, or any other representative or consolidated proceeding. Unless we agree in writing, the arbitrator may not consolidate more than one party’s claims and may not otherwise preside over any form of any class or representative proceeding. If there is a final judicial determination that applicable law precludes enforcement of the waiver contained in this paragraph as to any claim, cause of action or requested remedy, then that claim, cause of action or requested remedy, and only that claim, cause of action or requested remedy, will be severed from this agreement to arbitrate, and will be brought in a court of competent jurisdiction. If a claim, cause of action, or requested remedy is severed pursuant to this paragraph, then you and we agree that the claims, causes of action or requested remedies that are not subject to arbitration will be stayed until all arbitrable claims, causes of action and requested remedies are resolved by the arbitrator.
9. Severability. If any portion of this Arbitration Agreement is deemed illegal or unenforceable, such provision shall be severed and the remainder of the Arbitration Agreement will be given full force and effect.
10. Changes to Agreement to Arbitrate. If the Company changes this Arbitration Provision after the date you last accepted these Terms (or accepted any subsequent changes to these Terms), you may reject that change by sending us written notice (including by email) within thirty (30) days of the date the change is effective. Rejecting a new change, however, does not revoke or alter your prior consent to any earlier agreements to arbitrate any dispute between you and the Company (or your prior consent to any subsequent changes thereto), which will remain in effect and enforceable as to any dispute between you and the Company.
11. Survival. This Arbitration Provision will survive any termination of these Terms and will continue to apply even if you terminate your account.

 

Governing Law and Jurisdiction.

All matters relating to the Company and these Terms and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule (whether of the State of New York or any other jurisdiction). Without limiting the foregoing Arbitration Provision, any legal suit, action or proceeding arising out of, or related to, these Terms shall be instituted exclusively in the federal courts of the United States or the courts of the State of New York. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

 

Limitation on Time to File Claims.

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. 

 

Waiver and Severability.

No waiver by the Company of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.  If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

 

Entire Agreement.

These Terms constitute the sole and entire agreement between you and the Company with respect to the purchase of CLIP Products and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to CLIP Products.