Article 1 - Purpose of the mulo Service and the T.C.A.U.

1.1 Mulo Vélo-Cargo (the “Provider”) provides users with a self-service cargo bike system (the “Service”).

1.2 The Service was established by and is managed by the Provider.

1.3 These T.C.A.U. govern all access and use of the Service by a user. They are also available online by clicking on “Terms & Conditions” at the bottom of the mulo.ca website.

Article 2 - Organization of the mulo Service

2.1 The Service is comprised of cargo bike host locations such as cafés, shops and restaurants (“Hosts”), which are used to rent, stow, charge and lock the Service’s cargo bikes.

2.2 The Service allows users to rent a cargo bike and return it to the same Host location. The number and location of Hosts are subject to change without notice and at the sole discretion of the Provider.

Article 3: Rental Passes

3.1 Rental passes allow the user to borrow a bicycle without subscribing to the Service, by following the procedure described in Article 7 and paying the usage fees listed in Article 5.

Article 4: User Account

4.1 The mulo mobile application allows the user to create a user account. To create an account, the User must provide his/her name, e-mail address and other personal information. The User agrees not to create or hold more than one User account and to provide the Service Provider with true, current and complete information. The User agrees to update the information provided to the Provider when necessary.

4.2 The User is responsible for maintaining the confidentiality of its password and other identifying information. The User is responsible for all uses and activities that occur under the User’s account (including all transactions entered under the User’s account).

4.3 The Provider reserves the right to deactivate any user account or password, without notice, if the Provider determines that the user has failed to comply with these T.C.A.U.

Article 5: Prices and Payment for Service Use - Rental Passes

5.1 Rental passes allow the user to borrow a cargo bike for a rental fee determined by the Provider, at its sole discretion, as posted on the mulo.ca website. The rental fee includes a per-segment of Service fee.

5.2 With respect to the application of Article 5.1, any segment of Service use begun will be billed in full.

5.3 Preauthorization and Payment of Sums Due:

     5.3.1 In all cases, the user acknowledges and agrees that, for each rental pass, a $100 preauthorization will be held on the user’s credit card and that said preauthorization may take a certain amount of time to be released (in accordance with the policies of his/her banking institution).

     5.3.2 The amount owed by the user is paid at the end of the Permitted Period of Continuous Use (see Article 6.1), by debiting the credit card used to purchase the rental pass. If the Service was used multiple times during the use period, the cumulative amount owed by the user will be charged in one single transaction at the end of the Permitted Period of Continuous Use. If the credit card payment is refused, the amount owed will be directly deducted from the security deposit.

Article 6 - Continuous Use and Availability of the mulo Service

6.1 Use of the Service is limited to a period of 24 consecutive hours, beginning at the time of the bicycle’s removal from the Host location (“Permitted Period of Continuous Use”).

6.2 The data generated by the Service’s computer system will indicate and serve as proof of the length of time that the user had the bicycle in his/her possession.

6.3 The Service is generally available seven (7) days a week, during the work hours of the Host locations. The Provider reserves the right to suspend the Service as it deems necessary, at its sole discretion, for example in the event of severe weather conditions or conditions that may compromise the safety of its employees and equipment. No refund will be granted in the event of suspension of service, but credit can be given to the user at the discretion of the Provider.

6.4 The Service is accessible within the limits of the cargo bikes’ availability at each Host location and the Provider does not issue any guarantee in this regard. Users may check the mulo mobile application to verify the number of cargo bikes available at nearby Host locations.

Article 7 - Technical Terms Of Service Use - Rental Passes

7.1 Terms and Conditions of Service Use

     7.1.1 Users who wish to obtain rental passes must accept the Terms and Conditions of Service Use and enter their credit card information via the mulo mobile application.

     7.1.2 The user may choose any available cargo bike at a Host location.

     7.1.3 The user scans the QR code of the chosen cargo bike using the mulo application. When the back-wheel lock opens, the user may begin their bicycle trip.

     7.1.4 To return the cargo bike, the user must park the bicycle in a designated parking zone at the Host locations and close the back-wheel lock to end the ride, confirming that the bicycle has been locked in place. The absence of a closed back-wheel lock indicates that the bicycle is not properly locked in place. The user must then repeat the procedure. Users are responsible for any bicycles that have not been properly locked and rides that have not been properly ended.

7.2 Bike Lock Malfunctions

If the rear-wheel lock does not close and the ride cannot be terminated, the user must attach the cargo bike to the metal anchor at the host location with the chain lock and contact mulo support at +1 438 806 8568 or allo@mulo.ca and inform the employee at the host location.

Article 8 - Promotional Offers

8.1 While under no obligation to do so, the Provider may propose promotional offers applicable to the Service. To the fullest extent permitted by applicable law, the Provider, at its sole discretion, will determine the terms and conditions applicable to promotional offers.

8.2 The terms and conditions applicable to such offers will be detailed on the mulo.ca website or by another means of communication made available by the Provider.

Article 9 - User Obligations

9.1 The user agrees to utilize the Service in a responsible manner, for the purposes for which it is intended, and in accordance with these T.C.A.U. Furthermore, the user undertakes to act in good faith and not to commit any fraud when using the Service.

9.2 The User agrees to behave in a respectful manner at all times in all interactions with the Provider, its employees and representatives.

9.3 The User agrees to pay the fees related to the use of the Service as soon as they are invoiced by the Provider.

9.4 The user agrees to utilize the bicycle in a responsible manner, which excludes (without limitation):

     9.4.1 Any use that is contrary to the provisions of applicable road traffic regulations and, more particularly, to the provisions of the Highway Safety Code;

     9.4.2 Any use on terrain or in conditions likely to damage the bicycle;

     9.4.3 Any use of the bicycle that endangers the user or third parties, including transporting any passenger without use of the supplied safety belt in the cargo box of the bicycle;

     9.4.4 Any dismantling or attempt to dismantle the bicycle, including theft of the bicycle or any part thereof;

     9.4.5 And more generally, any improper use of the bicycle.

9.5 The user agrees not to exceed the maximum load that the cargo bike can support. This load is 220 kg for the bicycle including the driver and the load in the basket combined.

9.6 The user is responsible for the bicycles that he/she removes from the Host location. The user must take every possible precaution to prevent the bicycle from being lost, damaged, or destroyed.

9.7 The user agrees to return the bicycle in good condition, to the exclusion of normal use, and to return it within the Permitted Period of Continuous Use. He/she agrees that any breach of this obligation will result in the payment of a penalty to the Provider, the exact amount of which is stipulated in Article 13.1 of these T.C.A.U.

9.8 The user agrees to immediately return the bicycle upon the Provider’s request.

9.9 Users who have purchased a rental pass agree that they will only use their mulo application to rent a bicycle for themselves.

9.10 The user agrees to report any problems related to the use of the mulo pass, and/or bicycle to the Provider as soon as possible (within 24 hours at the latest). To do so, they must contact the Provider at +1 438 806 8568 or allo@mulo.ca. The user remains fully and entirely responsible for the bicycle until it is either locked at the Host location or delivered into the hands of a Provider Representative.

Article 10 - Supplemental Terms and Conditions Applicable to Electric Bicycle (E-Bike) Use

10.1 Without limiting the application or scope of any other terms and conditions specified herein, the following supplemental conditions apply specifically to e-bike use:

     10.1.1 The user declares that he/she is aware of the hazards associated with e-bike use and acknowledges that he/she uses the e-bike at his/her own risk and liability. The user entirely exonerates the following persons from any liability whatsoever: the Provider and its partners, agents, content providers, service providers, employees, officers, directors, and representatives (“Provider Representatives”). The Provider and Provider Representatives are hereinafter collectively referred to as the “Indemnified Parties”.

     10.1.2 The Indemnified Parties are in no way liable for any damages suffered by the user or any third party. The user is solely and exclusively responsible for any bodily injury or property damage, suffered by said user or a third party, as a result of e-bike use. Without limiting the generality of the foregoing, the user waives the right to pursue all remedies, claims, demands, lawsuits, and/or other types of legal action against the Indemnified Parties and agrees to indemnify, protect, and hold the Indemnified Parties harmless from and against any and all remedies, claims, demands, lawsuits, and/or other types of legal action brought by any person as a result of such damages connected to the use of an e-bike.

     10.1.3 The user must adhere to the provisions of the Highway Safety Code applicable to e-bikes, specifically the requirements to (a) wear a compliant helmet, (b) respect the 32 km/h speed limit, (c) be at least 14 years of age, (d) hold the required licence (minimum class 6D) if the user is between 14 and 17 years of age (inclusive), and (e) refrain from riding on highways or their access ramps.

10.2 As regards the helmet, the user acknowledges that:

     10.2.1 Wearing a compliant protective helmet is mandatory (see Article 10.2.3).

     10.2.2 The helmet must be made of a hard shell, have internal padding, and be equipped with a strap that fastens under the chin.

     10.2.3 To be compliant, the helmet must meet one or more of the following standards:

• CAN/CSA-D113.2 (Canadian Standards Association)

• 16 CFR Part 1203 (United States Consumer Product Safety Commission)

• ASTM F1447 ou ASTM F1898 (American Society for Testing and Materials)

• EN 1078 (Comité européen de normalisation)

• B-90 et B-95 (Snell Memorial Foundation)

     10.2.4 In addition to being illegal, a bicycle helmet that does not meet one of these standards may not provide adequate protection.

     10.2.5 In the event of non-compliance, the user risks serious injury or even death, in addition to fines of $60 to $100 per infraction.

10.3 The motor may be manually deactivated, if necessary, particularly in the event of an emergency. Simply press and hold the button on the back of the cargo box. There is no need to turn the motor off after each use; it stops automatically after non-use.

Article 11 - Mulo Service Use Restrictions

11.1 It is expressly forbidden for the user to permit in any way whatsoever the use, free or otherwise, of the bicycle, property of the Provider, by any third party whatsoever. Without limiting the scope of the foregoing, the user is prohibited from lending, renting or transferring his rental pass, property of the Provider, or from using them for purposes that do not comply with the present TCAU.

11.2 Minors under 14 years of age are prohibited from using the Service as bicycle operators, whether they are accompanied or not. They are permitted to be passengers, provided they use the safety belt found in the cargo box of the bicycle.

11.3 Access to the Service as a bicycle operator is open to minors 14 years of age and older. Rental passes for minors must be purchased by their legal guardian and remain under the latter’s responsibility.

Article 12 - User Responsibilities and Declarations

12.1 The user is solely and exclusively responsible for any damage incurred as a result of the bicycle’s use, during the entire use period, including time that exceeds the Permitted Period of Continuous Use.

12.2 The parents or legal representatives of any minor who accesses the Service will be liable for any damage directly or indirectly caused by said minor as a result of Service use.

12.3 In the event of an accident and/or incident involving a bicycle, the user is obligated to report the facts to the Provider, by writing an email to allo@mulo.ca, within 24 hours following the occurrence thereof. The user remains fully and entirely responsible for the bicycle, until it is either locked at a Host location or delivered into the hands of a Provider Representative. If the bicycle is not locked at a Host location or delivered by hand, the user must otherwise secure the bicycle to a fixed object with the supplied chain.

12.4 In the event that a bicycle under the user’s responsibility disappears, the user is obligated to: report its disappearance to the Provider, by writing an email to allo@mulo.ca, within 24 hours following the event’s occurrence.

12.5 Any rentals exceeding the Permitted Period of Continuous Use (see Article 6.1) will be deemed to be a disappearance of a bicycle until such time as the bicycle is found or returned and could lead to the penalty outlined in Article 13.1.

12.6 The user declares that he/she can ride a bicycle and that his/her physical condition meets the necessary requirements for bicycle use.

12.7 The user acknowledges that he/she is solely responsible for respecting bicycle traffic regulations and wearing a bicycle helmet for safety purposes (see Article 10).

12.8 The user declares that all information pertaining to him/her is accurate and, more particularly, that he/she meets the conditions set forth in these T.C.A.U.

Article 13 - Fines

13.1 Should a user fail to comply with his/her obligations hereunder, the Provider will charge him/her the following fines:

     13.1.1 Disappearance of a bicycle: $3,000 for an electric cargo bike;

     13.1.2 The cost to repair any bicycle damage attributable to the user: the lump sum amount will be based on the extent of damage incurred, up to a maximum of $3,000 for an electric cargo bike.

13.2 The total amount of the fine (see Article 13.1) is due upon the Provider’s initial request, once it has been determined that the user is in breach of his/her obligations hereunder.

13.3 If a bicycle disappears or is stolen, the amount specified in Article 13.1.1 will not be charged if (i) the Bicycle in question is returned or recovered by the Provider before the end of the calendar year or (ii) the User has demonstrated to the Provider, acting reasonably, that the disappearance or theft was not the result of the User’s own negligence.

Article 14 - Change in Relationship with the Credit Card Issuer

14.1 The user agrees to report any change in relationship with the issuer of associated credit card during the rental pass validity period, as such changes may affect debit authorizations granted by said issuer. Notwithstanding the foregoing, the user hereby authorizes the Provider to contact his/her credit card issuer in order to update any information needed to charge said credit card.

Article 15 - Personal Information

15.1 In connection with Service provision, the Provider collects, uses, and discloses certain Personal Information (as defined below).

15.2 Unless otherwise indicated, the collection, use, and disclosure of the user’s Personal Information in the context of Service provision are governed by Article 15. Article 15 supplements the terms and conditions of use of the mulo mobile application (the« Application ») whenever the user utilizes certain features of the Application. However, Article 15 does not apply to the Personal Information collected, used, or disclosed while browsing the www.mulo.ca (the « Site »). For more information on the protection of Personal Information during such uses, please consult the Site’s Privacy Policy.

15.3 For the purposes of these T.C.A.U., the term “Personal Information” means any information about an identifiable individual or any information allowing an individual to be identified. In connection with the rental pass and/or its use under these T.C.A.U., the Personal Information that the Provider collects directly from the user includes:

     15.3.1 Personal Information associated with the user’s account such as the user’s name, physical address, mailing address, and telephone number;

     15.3.2 Geolocation data (only if the geolocation function is activated by the user, which can be activated at the time of downloading the mulo mobile application or subsequently via the settings on the user’s mobile device, it being understood, however, that a user will not be able to access certain of the Provider’s services, notably bike rental, if the geolocation function is deactivated on his or her device). For example, the Provider gathers information about the user’s geographic location in order to inform Hosts located in the vicinity of the user’s location; and

     15.3.3 Data about how the user uses mulo bicycles, such as geolocation data (see information on the geolocation function in the previous paragraph), routes taken, and the rental status of bicycles.

When the user purchases a rental pass, the Provider’s online payment providers collect certain Personal Information such as payment data (e.g., payment card number, CVV code, and expiration date). The Provider does not have access to this Personal Information, which is encrypted and used by online payment providers in compliance with the PCI-DSS standard. Personal Information thus collected is kept on servers that may be located outside Canada, notably in the United States.

15.4 Insofar as possible, the Provider will obtain Personal Information directly from the user, with the user’s consent. However, the Provider may collect Personal Information from third parties when the user consents to such collection or if permitted by law. In addition to the foregoing, when the user uses the Service via the mulo mobile application, the Provider collects and has access to information related to the user’s devices, such as the user’s IP address.

15.5 The Provider collects Personal Information through various methods, particularly when the user purchases a rental pass via the mulo mobile app, uses the Service, or contacts the Provider. The Provider mainly uses such Personal Information for the following purposes:

     15.5.1 To provide the Service, including creating a user account and managing the account and the user’s travel history;

     15.5.2 To identify the user’s location solely for the purposes of managing the Service;

     15.5.3 To monitor, locate, and maintain mulo bicycles and prevent the theft thereof;

     15.5.4 To receive payment for rental passes;

     15.5.5 To communicate with the user about the user’s account and provide customer service to the user in a timely manner when necessary;

     15.5.6 To improve the quality of the Service;

     15.5.7 To verify proper use of the Service;

     15.5.8 Any other purpose that the Provider may identify from time to time and that is permitted by law or for which the Provider obtains specific consent from the user.

15.6 Only staff members of the Provider whose duties so require and the Provider’s partners and service providers (e.g., providers of hosting and online payment services) will have access to the Personal Information gathered hereunder, to the extent that such access is required for the purposes listed in Article 15.5 above. The Provider may also make such Personal Information available to third parties, pursuant to the enforcement of any law, legal process served or court order, or in the event that the Provider suspects criminal or illegal activities, such as money laundering or fraud. The Provider may also disclose Personal Information to third parties if necessary to protect its assets or enforce its rights, including the collection of a debt.

15.7 The Provider has contractual protections in place with its partners and service providers under which the latter are obligated to implement and maintain reasonable administrative, technical, organizational and physical security measures to protect Personal Information collected under these T.C.A.U. from unauthorized access and to preserve the security and confidentiality of Personal Information.

15.8 Personal Information collected pursuant to these T.C.A.U. is hosted on secure servers that may be located outside of Quebec, including elsewhere in Canada and in the United States. Laws relating to the processing of Personal Information may be different in these jurisdictions. In such cases, the Provider may require additional privacy commitments from its partners and service providers, or that they provide appropriate safeguards to ensure an adequate level of protection for Personal Information.

15.9 Unless otherwise permitted by applicable law or regulation, the Provider retains Personal Information collected under these T.C.A.U. only for as long as is necessary for the purposes listed in Article 15.5 above, and to comply with its legal and regulatory obligations. Thus, the length of time Personal Information is retained will vary according to the purpose for which it was collected and used. After this period, Personal Information will be securely destroyed in accordance with our data retention policy and applicable law, or it will be anonymized permanently. The Service Provider may use such anonymized data for serious and legitimate purposes without further notice or consent.

15.10 Personal Information collected pursuant to these T.C.A.U. is kept confidential in accordance with applicable laws. In addition, the Provider has implemented reasonable administrative, technical, organizational and physical measures to protect Personal Information against accidental loss, theft, unauthorized access, disclosure, copying, use or modification.

15.11 Under applicable law, the User whose Personal Information is collected, used or disclosed pursuant to these T.G.A.U has certain rights, such as the following: (a) the right to request access to the Personal Information that the Service Provider holds about him or her; (b) the right to request the rectification of any Personal Information held which is inaccurate or incomplete; (c) the right to withdraw consent, in certain circumstances, where he or she has given consent to the use and disclosure of his or her Personal Information; and (d) the right to obtain, in a structured and commonly used technological format, the computerized Personal Information he or she has provided to the Service Provider or to request that it be transmitted to another person or organization in the same format.

Article 16 - Interpretation and T.C.A.U. Assignment

16.1 The user agrees to comply with this T.C.A.U. The user understands and agrees that breach of these T.C.A.U. may result in their termination. No rights or privileges arising from these T.C.A.U. may be assigned by the user to anyone else, in any manner whatsoever.

Article 17 - Modifications

17.1 The Provider may modify these T.C.A.U., in whole or in part, at any time. Any such modification will be communicated to the user in writing, by electronic means, at least thirty (30) days before taking effect. The notice will present the new or amended article(s), the previous version of the amended article(s), the modification date, and the consumer’s rights in the event that he/she does not accept the modification(s). If modification involves an increase in the user’s obligations or a decrease in the Provider’s obligations, the user may reject the modification and terminate these T.C.A.U., without charge, by sending the Provider a notice to this effect no later than 30 days following the modification’s entry into force. Use of the Service after the modification’s entry into force implies user acceptance of the new or amended T.C.A.U.

Article 18 - Termination

18.1 The Provider may at its sole discretion suspend or terminate these T.C.A.U., as well as any user account issued under these T.C.A.U., by sending the user written notice at least 60 days prior to the date of termination. In addition, the Provider may, in its sole discretion, suspend or terminate these T.C.A.U., including any user account issued under these T.C.A.U. immediately, without notice any breach by the user of any of its obligations or representations under these T.C.A.U., including fraud, whether actual or suspected by the Provider acting reasonably.

Article 19 - Provider’s Contact Information

Contact information for the Provider (Mulo Vélo Cargo):
• Mailing address: Sucursal Saint-Michel, CP76, Montréal, Québec, H2A 3L8
• Phone: +1 438 80 MULO 8 (6856)
• Email: allo@mulo.ca
• Website: www.mulo.ca

Article 20 - Applicable Law and Dispute Resolution

20.1 These T.C.A.U. are governed by the laws applicable in the Province of Quebec. Each party hereto irrevocably submits to the exclusive jurisdiction of the courts of the Province of Quebec and, to the fullest extent permitted by law, to the jurisdiction of those courts located in the judicial district of Montreal.

Article 21 - Limitation of Liability

21.1 The user, as well as any other person or entity, acknowledges that the Provider and Provider Representatives are not liable for any indirect, punitive, exemplary, circumstantial, or special losses or damages (including, without limitation, damages for pain and suffering, emotional distress, or similar damages; business interruption; damage to reputation; loss of information; loss of profits; loss of income, loss of wages; or any other compensation) resulting from Service use, even if the Provider (or any Provider Representative) or the City (or any City Representative) has been informed of the potential for such loss or damage or if such loss or damage was foreseeable.

Article 22 - Indemnity

22.1 The user indemnifies and holds the Indemnified Parties harmless from and against any claims brought by third parties resulting from (a) his/her use of the Service, including—but not limited to—damage to persons or property, personal injury or death caused by the user, (b) any breach of these T.C.A.U. by the user, and/or (c) any breach of these T.C.A.U. by a person using a bicycle rented by the user. The user acknowledges that the Indemnified Parties have no liability in connection to any such claim and agrees to hold the Indemnified Parties harmless from and against any and all resulting losses, damages, judgements, awards, costs, expenses, and legal fees arising out of these T.C.A.U.

Article 23 - Entry into Force

23.1 These T.C.A.U. Will enter into force on May 1, 2025.