Terms for Business
Voi for Business – Terms and Conditions
Voi Technology AB (“Voi or We”) is an electric vehicle operator and developer that offers vehicles for rent via a mobile application, excluding retail-based (brick and mortar) vehicle rentals.
We wish to provide you (the “Customer or You”) with the possibility to lower overall employee transport cost by replacing those costly and unnecessary taxi trips – while increasing the environmental and employment branding impact with our electric scooters (the “Scooters”). You and We are jointly below referred to as the “Parties or Us”.
This agreement (the “Agreement”) sets forth the legally binding terms and conditions for Voi for Business, which is Voi’s shared mobility business offered to companies.
You hereby grant Voi the right to be the supplier of shared mobility business for Scooters for Your employees and/or colleagues within Your company whom You represent (“Voi for Business”) in accordance with and subject to the terms and conditions of this Agreement. The Parties may at any time agree in writing on increasing the scope of this Agreement (e.g. by adding other services to be supplied by Voi).
2. Employee Accounts
2.1 We will provide a platform on which You will be in charge of supervising Voi for Business by adding, removing and monitoring your colleagues’ access to Voi for Business (the “Platform”). You will invite Your colleagues through adding your colleagues’ emails onto the Platform. Colleagues with their email address added to the Platform (“Entitled Employees”), will access Voi’s services through Voi’s mobile application (the “App”) . (“”). You are responsible for at all times keeping the list of Entitled Employees updated and correct. You can de-activate or remove Entitled Employees at any time from the Platform. You can also choose to make Entitled Employees administrators of the Platform, and thus give them a mandate to control the Platform.
2.2 Entitled Employees will receive an invitation to use Voi for Business.. Once the invitation has been accepted in the App, each Entitled Employee will be entitled to choose between a personal ride and a business ride. Where the Entitled Employee chooses the business ride option, such ride will be registered through such employees’ business account with Voi (“Business Account”). When a Business Account has been registered,, the Entitled Employee may start using the shared mobility business for Scooters under its Business Account. You are liable for such Entitled Employee’s use of the shared mobility business under its Business Account in accordance with the provisions of this Agreement.
2.3 The Entitled Employee shall be able to switch between its private account and its Business Account. You are liable for all use under Your Entitled Employees’ Business Accounts. Voi can assist You with drafting user instructions/internal policies for Your employees – e.g. including that Business Accounts may only be used for the performance of Business assignments – but are not responsible for Your employees’ compliance with such policies.
3.1 Voi’s User Agreement which can be found on our webpage https://www.voiscooters.com/voi-user-agreement-12rr/, which must be accepted by each of the Entitled Employees prior to such employee’s use of the shared mobility business and Scooters, and shall apply to the Entitled Employees’ use of shared mobility business and Scooters. In the event of conflicting terms, the provisions of this Agreement shall prevail between the Parties.
3.2 Each Entitled Employee is liable for its use of shared mobility business and Scooters as set out in and in accordance with such terms and conditions. We are, only towards the Entitled Employee if not otherwise expressly set out in this Agreement, liable for enabling such use of as well for the functioning of shared mobility business and Scooters as set out in and in accordance with such terms and conditions.
3.3 Where applicable under mandatory law (e.g. regarding employer responsibility), however, You are responsible towards Voi for Your Entitled Employees’ use of shared mobility business and Scooters.
4. Prices and payment
4.1 Prices for the shared mobility business for Scooters used by the Entitled Employees shall be consistent with Voi’s price list applicable at the time of the order which is displayed in Voi’s application. Such prices are inclusive of VAT and all other taxes and charges that may apply.
4.2 All of the Entitled Employees’ use of the shared mobility business will be consolidated and charged to You at the end of each month or every 240th ride, whatever comes first.
4.3 Unless otherwise agreed, You shall pay such invoices not later than thirty (30) days from the later of Your receipt of Voi’s invoice. In the event that You at any time should fail to make payment in full on the due date, Voi is entitled to claim interest on the sum overdue at the rate of eight percent (8%) per year.
5.1 We may request You to pursue marketing activities, which may be accepted or not by You. You are responsible for the marketing activities at Your own expense and for producing sales promotion material relating thereto. You shall be solely responsible for ensuring that such marketing activities and material is in conformity with any applicable legislation and good marketing practices and for obtaining all necessary approvals and registrations.
5.2 We may, but are not obligated to, participate in marketing activities jointly with You at our own expense. We shall prior to commencing any marketing activities using our own materials give You reasonable notice to review and approve the proposed marketing material.
6. Intellectual property rights
6.1 All intellectual property rights, know-how and documentation regarding the shared mobility business and Scooters belong to Voi.
6.2 Nothing in this Agreement shall entail an assignment to You of any of Voi’s intellectual property rights or that You, in any way, assume Voi’s intellectual property rights.
6.3 You may – subject to Voi’s written consent and where relevant and if appropriate considering the relevant circumstances – use Voi’s name and trademark as part of Your own marketing activities to the public, however, only with the purpose of informing the public about the cooperation between Us under this agreement and positive consequences thereof (such as e.g. using Voi as a tool in Your internal climate work and sustainability policy).
6.4 You shall promptly notify Voi as soon as You (a) have any indication of, or discover activity which might conceivably comprise, infringement or suspected infringement of Voi’s patent, trademark or other intellectual property rights or (b) have any indication that the Scooters and/or marketing or sale of the shared mobility business and/or Scooters are alleged to comprise infringement of third party intellectual property rights.
6.5 Voi shall have the primary right to take legal action in the event of infringement of Voi’s intellectual property rights. Where Voi chooses to take action to protect or defend its intellectual property rights, You shall assist Voi to a reasonable extent. In the event that Voi chooses not to take any legal action against such infringements within six (6) months from notice of the infringement, You shall be entitled, but not obligated to, to take legal action at Your own expense. In such case, You shall be entitled to receive any damages awarded. If necessary, Voi shall grant You a power of attorney to handle claims, settlement or legal proceedings and shall assist You to a reasonable extent.
6.6 Each Party shall indemnify, save and hold the other Party harmless from any loss, damage or costs, including but not limited to legal fees, arising out of any third-party claim alleging infringement of any intellectual property rights due to such first Party’s business actions.
7.1 Each Party is responsible for its own processing of personal data and a Party shall not, by any act or omission, place any other Party in breach of applicable laws and regulations and regulations on protection of personal data.
7.2 However, if there is any transfer of data between the Parties and if any Party acts as data processor for the other Party within the scope of this Agreement the Parties shall enter into Voi’s standard personal data processor agreement.
8. Term and termination
8.1 This Agreement shall enter into force when duly signed by both Parties and shall remain in force until terminated by either of the Parties by giving one (1) months’ notice.
8.2 Notwithstanding the foregoing, either Party may terminate this Agreement with immediate effect if the other Party (i) fails to fulfil its obligations under this Agreement, provided that such failure is of essential importance for the Party; or (ii) has taken general measures to cease payment of its debts, initiated negotiations for a general agreement with its creditors, been subject to an application for bankruptcy proceedings or enters into composition, reorganisation or similar arrangements with its creditors, is wound up, goes into liquidation or has a receiver appointed for all or any part of its assets.
8.3 Upon termination of this Agreement, (i) You shall cease all use of Voi’s trademarks, (ii) Voi shall be entitled to receive all payments accrued and unpaid at the effective date of such termination and (iii) You shall not be entitled to any termination payment or other compensation.
9.1 In case of a breach of this Agreement by a Party, the other Party shall be entitled to damages. The Parties shall not in any case be liable for any indirect or consequential damage or loss, such as loss of profit, production, contract or data, except in the case of gross negligence or willful misconduct, breach of confidentiality undertakings or infringement of intellectual property rights.
9.2 Each Party hereby agrees that the other Party, its affiliated entities, and their respective officers, managers, directors, investors, employees, and agents (together, the “Indemnitees”) shall be held harmless and be indemnified by such Party for any liability, loss, damages or expenses, including attorneys’ fees, suffered by the Indemnitees by virtue of any acts or omissions arising out of such Party’s activities hereunder.
9.3 A Party shall be relieved from liability for a failure to perform its obligations under this Agreement during such period, and to the extent that the due performance thereof by the Party is prevented by reason of any circumstance beyond the control of the Party, which could not reasonably have been foreseen by the Party prior to entering into this Agreement.
Each Party shall maintain such public liability insurance (including without limitation worker’s compensation, employer’s liability, comprehensive general liability, product liability and property damage insurance) as will adequately protect the other Party in the event of any liability arising hereunder and, upon one Party’s reasonable request, the other Party will provide the requesting Party with evidence of such insurance.
11.1 The Parties hereby undertake, during the term of the Agreement and thereafter (including during arbitration resulting from conflicts in relation to this Agreement), not to disclose to any third-party information regarding the Agreement, nor any other information which the Parties have learned as a result of the Agreement, whether written or oral and irrespective of form (“Confidential Information”). The Parties agree and acknowledge that the Confidential Information may be used solely for the fulfilment of the obligations under the Agreement and not for any other purpose. The receiving Party further agrees to use, and cause its directors, officers, employees, sub-contractors or other intermediaries to use, the same degree of care (but not less than reasonable care) to avoid disclosure or use of Confidential Information as it uses with respect to its own confidential and/or proprietary information.
11.2 This confidentiality undertaking does not apply to information which
a) at the date of its disclosure is in the public domain or at any time thereafter comes into the public domain (other than by breach of this Agreement); or
b) the receiving Party can evidence was in its possession or was independently developed at the time of disclosure and was not obtained, directly or indirectly, by or as a result of breach of a confidentiality obligation.
11.3 Neither shall this confidentiality undertaking apply to the extent that any Party is required to make a disclosure of information by law or pursuant to any order of court or other competent authority or tribunal or by any applicable stock exchange regulations or the regulations of any other recognised marketplace. In the event that any Party would be required to make any such disclosure, each Party undertakes to give the other Party immediate notice prior to any such disclosure, in order to make it possible for the other Party to seek an appropriate protective order or other remedy. Each Party also agrees and undertakes to use its best efforts to ensure that any information disclosed under this section, to the extent possible, shall be treated confidentially by anyone receiving such information.
11.4 This confidentiality undertaking shall survive any termination of this Agreement and shall remain in force during a period of three (3) years thereafter. Arbitral proceedings which are requested by reference to this Agreement shall also be covered by this confidentiality undertaking.
No Party may assign, pledge or otherwise encumber this Agreement or any of its rights or obligations under this Agreement without the prior written consent of the other Party.
13. Entire Agreement
The Parties confirm that this Agreement represents the entire understanding and constitutes the whole agreement between the Parties relating to the subject matter hereof.
14. Governing law and jurisdiction
14.1 This Agreement shall be governed by the substantive law of Sweden.
14.2 Any dispute, controversy or claim arising out of or in connection with this Agreement, or the breach, termination or invalidity thereof, shall be finally settled by arbitration administered by the Arbitration Institute of the Stockholm Chamber of Commerce (the “SCC”). The Rules for Expedited Arbitrations shall apply, unless the SCC in its discretion determines, taking into account the complexity of the case, the amount in dispute and other circumstances, that the Arbitration Rules shall apply. In the latter case, the SCC shall also decide whether the Arbitral Tribunal shall be composed of one or three arbitrators. The seat of arbitration shall be Stockholm, Sweden. The language to be used in the arbitral proceedings shall be English