TERMS AND CONDITIONS FOR SMART CONNECT SERVICE

Effective Date: 9th May 2025

These Terms and Conditions (the "Terms") govern your access to and use of the Tenways Smart Connect service (the "Service"). By purchasing or using the Service, you agree to be legally bound by these Terms, together with the applicable Terms of Sale and the Privacy Notice accepted at the time of log the app. If you do not accept these Terms, you must not use the Service.

These Terms shall take effect immediately upon the user’s purchase of the Service (whether bundled with an e-bike or as a standalone Subscription). The commencement of access to the Service, however, shall follow the schedule described in Clause 2.

1. Definitions

1.1 "Subscription" means a time-limited, fee-based license granting the user access to the Service for the term specified at the time of purchase, as set out on the applicable Tenways order or checkout page.

1.2 “Free Period” refers to the initial period of access to the Smart Connect Service that is included at no additional cost when purchasing a qualifying Tenways e-bike model equipped with the Smart Connect Module. The length of the Free Period is specified on the product page at the time of purchase and confirmed in the customer’s order description. The list of eligible models and the duration of the Free Period may be updated by Tenways from time to time and will be communicated through official channels.

1.3 "Service" refers to the Tenways Smart Connect system, including but not limited to GPS tracking, motion detection alerts, and the "Notice Zone" feature, accessible via the Tenways App.

1.4 "Notice Zone" means a user-defined virtual geographic boundary (geofence) established through the Tenways App, which triggers a real-time alert to the user’s registered mobile device when the e-bike enters or exits the defined area.

2. Service Activation and Commencement

2.1 The Free Period shall commence automatically upon the first activation of the Tenways App with a qualifying Tenways e-bike that includes the Smart Connect Service. Activation is a required step for using the App and accessing the bike’s digital features. No separate registration or opt-in is required. Certain features of the Smart Connect Service, such as GPS-based tracking, may be manually disabled by the user after activation. 

2.2 Following expiration of the Free Period, access to the Service shall terminate unless and until the user purchases a Subscription.

2.3 A Subscription shall commence on the later of (a) the expiry date of the Free Period, or (b) the date of confirmation of payment by Tenways, and shall remain valid for the term specified at the time of purchase, unless terminated earlier in accordance with these Terms.

2.4 No automatic renewal applies. To maintain uninterrupted access to the Service following the end of any Subscription period, the user must manually purchase a new Subscription.

2.5 To use the Service, the following conditions must be met: (i) Ownership of a compatible Tenways e-bike equipped with a functional Smart Connect Module; (ii) Maintenance of an active user account within the Tenways App; and (iii) Availability of sufficient mobile network coverage in your location (carrier charges are your sole responsibility).

2.6 If you do not activate the Service during the Free Period, or does not subscribe to a paid Subscription upon its expiration, Tenways may charge a one-time activation or reconnection fee when you later request to activate the Service. This fee covers the costs associated with maintaining or re-establishing connectivity, and may also include the cost of providing a replacement or upgraded IoT device if required. The applicable fee will be communicated to you at the time of activation and shall be reasonable and proportionate to the underlying costs.

3. Fees and Payment

3.1 The applicable Subscription fee and any taxes will be displayed at the time of purchase via the Tenways order or checkout page. Fees are subject to change and may vary by jurisdiction.

3.2 By purchasing a Subscription, you authorize Tenways to charge the selected payment method for the total amount due.

4. Cancellation and Refunds

4.1 The user may cancel the Subscription at any time via the Tenways App or by contacting support@tenways.com. The Service will also automatically terminate upon the expiration of the Subscription term.

4.2 The user is entitled to a full refund if cancellation occurs within 14 calendar days of purchase, in accordance with statutory EU withdrawal rights. After this 14-day period, no refunds will be issued unless otherwise required by applicable consumer protection laws.

4.3 Tenways reserves the right to suspend or terminate the Service, without prior notice, following a confirmed purchase and payment of the Subscription, in the event of (i) a material breach of these Terms; (ii) non-payment of applicable fees after attempted charge; or (iii) fraudulent use or abuse of the Service.

5. Service Description and Limitations

5.1 The Service includes: (i) Real-time GPS-based location tracking of the user’s e-bike, viewable through the Tenways App; (ii) Automated alerts for unexpected or unauthorized movement of the e-bike, including notifications triggered by detected motion or tampering; (iii) Notifications when the e-bike enters or exits a user-configured Notice Zone, allowing users to monitor geographic boundaries.

5.2 To ensure proper functioning, the Service may require periodic updates to the Tenways App or the firmware of the Smart Connect Module. Users agree to install such updates promptly. Failure to do so may result in limited or suspended functionality, for which Tenways shall bear no responsibility.

5.3 The Service relies on third-party infrastructure, including GPS and mobile networks. Tenways does not guarantee uninterrupted or error-free operation and shall not be held liable for any inaccuracies due to factors beyond its control.

5.4 The Service is not an insurance product, anti-theft system, or security guarantee. While it offers theft-deterrent features through tracking and alerting capabilities, Tenways makes no representation or warranty that use of the Service will prevent theft, loss, or damage. Tenways assumes no responsibility or liability for any such incidents, or for any direct, indirect, incidental, or consequential losses arising therefrom. Tenways assumes no liability for the theft, damage, or loss of the e-bike or any resulting consequences.

5.5 The Service is provided on an “as is” and “as available” basis, without any express or implied warranties, except as required under applicable consumer protection laws. Tenways disclaims all warranties of merchantability, fitness for a particular purpose, and non-infringement to the fullest extent permitted by law.

5.6 To the maximum extent permitted by law, Tenways shall not be liable for (i) service interruptions, failures, or delays; (ii) indirect, incidental, or consequential damages, including but not limited to loss of profits, revenue, data, or use; (iii) damages arising from misuse, user error, or events beyond Tenways’ control, including force majeure. Tenways’ total cumulative liability arising under or in connection with the Service shall be limited to the amount paid by the user for the current subscription period, if any.

6. Data Privacy

6.1 Use of the Service involves the collection and processing of personal data, including location and device identifiers, in accordance with the Tenways Privacy Notice.

6.2 By subscribing, you expressly consent to: (i) Continuous collection and processing of location data while the Subscription is active; (ii) Transfer of such data to third-party infrastructure providers for operational purposes.

6.3 All personal data will be processed in compliance with applicable data protection legislation, including the General Data Protection Regulation (GDPR). Location data will be deleted within 30 days of Subscription termination, unless retention is required by law.

7. General Provisions

7.1 The user may not assign or transfer any rights or obligations under these Terms without Tenways’ prior written consent. Tenways may assign its rights and obligations under these Terms, in whole or in part, to any affiliated entity or successor in interest without prior notice or consent.

7.2 All notices or communications under these Terms may be provided by Tenways via email to the user’s registered email address or through in-app notifications. Such notices shall be deemed received and effective upon transmission. It is the user’s responsibility to maintain accurate contact information in their account settings and to regularly check for updates. Customers may notify Tenways by reaching out to support@tenways.com for any communication related to the Service, including notices, complaints, or other inquiries.

7.3 Tenways reserves the right to amend these Terms to reflect improvements, operational changes, or legal requirements. Users will be provided with no less than thirty (30) calendar days' prior notice via email or in-app notification.

Non-material amendments will take effect thirty (30) calendar days after notice and apply to all active and future Subscriptions. If a proposed amendment materially reduces your rights or materially alters key terms of the Service, you may, within the 30-day notice period: (i) Accept the revised Terms; (ii) Decline the revised Terms and continue under the existing Terms until the end of your Subscription term; or (iii) Cancel your Subscription and receive a prorated refund for the unused portion. If no response is received by Tenways within the notice period, your continued use of the Service shall constitute acceptance of the amended Terms.

7.4 These Terms and any disputes arising hereunder shall be governed by and construed in accordance with the laws of the Netherlands. Users agree to first raise any concerns with Tenways Customer Service. Tenways will respond substantively within 30 days.

EU residents dissatisfied with Tenways' resolution may use the European Union's Online Dispute Resolution Platform at https://ec.europa.eu/consumers/odr. Dutch residents may alternatively contact the Dutch Consumer Disputes Board (Geschillencommissie).

Any unresolved disputes shall be submitted to the competent courts of Amsterdam, the Netherlands. Consumers residing in other EU Member States retain the right to bring proceedings in their country of residence in accordance with applicable law.