Terms of service

Chapter 1: General Provisions

Article 1 (Definitions)

The terminology used in these Terms of Use shall have the following meanings.

HELLO CYCLING A business whereby we, OpenStreet Co., Ltd. (including our business partners), provide the following services through an app or website that we provide (hereinafter, "the App, etc.")
(1) HELLO CYCLING member registration and management
(2) The acquisition and management of HELLO CYCLING member personal information
(3) Service usage fee payment infrastructure service
(4) Bicycle lending and return at Stations, call center support, accident consultation and support and other accompanying services (hereinafter collectively referred to as "Individual Cycle Services")
(5) Services incidental to each of the preceding items
Member An individual who has agreed to the Share Bicycle Terms of Use for the purpose of using Share Bicycles.
Personal Information "Personal Information" prescribed in the Act on the Protection of Personal Information. In the context of these Terms, it refers to the information input by the member such as their name, address, date of birth, gender, occupation, phone number, account information (which refers to the member's e-mail address and password, etc.) and credit card information as well as their usage history, etc. from which the specific individual can be identified (including information that can be easily matched with other information to identify the specific individual.)
Share Bicycles Bicycles provided by us or by our affiliated management company
Stations Locations for the loan, return and storage of Share Bicycles
Smart Key The electronic / communications key equipped inside Share Bicycles
Secretariat The call center that is the base for the maintenance and management of Share Bicycles and Stations and member support.
Article 2 (Application of the Terms)
  1. 1.We, OpenStreet Co., Ltd., will conclude a membership agreement (hereinafter, "Membership Agreement") with individuals seeking to join HELLO CYCLING in order to receive HELLO CYCLING services in accordance with the provisions set forth in these Terms. The member will be deemed to have agreed to these Terms by using HELLO CYCLING services.
  2. 2.We will provide the member with a membership that allows them to receive HELLO CYCLING services and will provide Individual Cycle Services during the membership period. Any matters not stipulated in these Terms shall be in accordance with laws or general practices.

Chapter 2: Membership Agreement

Article 3 (Conclusion of the Membership Agreement)
  1. 1.An individual seeking to join HELLO CYCLING shall apply to conclude a Membership Agreement via our prescribed method after agreeing to these Terms. A minor seeking to join HELLO CYCLING shall submit an application with the consent of their guardian.
  2. 2.A Membership Agreement shall be established upon our acceptance of the application submitted by the individual seeking to join HELLO CYCLING pursuant to the provisions of the preceding paragraph.
  3. 3.We may refuse to conclude a Membership Agreement with an individual seeking to join HELLO CYCLING who corresponds to any of the following items
    1. (1) An individual whose height is less than 145 cm.
    2. (2) An individual who we have deemed would have physical difficulty safely operating a Share Bicycle.
    3. (3) An individual who is delinquent on fees for past Share Bicycle usage.
    4. (4) An individual who is recognized as being an organized crime group member, a party related to an organized crime group or belonging to any other anti-social force.
    5. (5) An individual under the age of 13 who cannot promise to wear a helmet.
    6. (6) An individual who does not agree to these Terms.
    7. (7) Any other individual who we have deemed unsuitable as a HELLO CYCLING member.
Article 4 (Conditions of Use, etc.)
  1. 1.The member shall select from our designated contract types and payment methods when applying to conclude the Membership Agreement.
  2. 2.The member shall pay the fees specified in Chapter 5 in accordance with the contract type and payment method selected based on the provisions of the preceding paragraph.
Article 5 (Change of Registered Information)
  1. 1.The member shall contact us immediately when there has been any change to the Personal Information that they have provided to us, or to the contract type or payment method they selected, when applying to conclude the Membership Agreement, and obtain our approval for the same.
  2. 2.We may refuse aforementioned change or cancel the member's Membership Agreement if we have deemed that the content of that change would interfere with our provision of the service.
Article 6 (Cancellation of the Membership Agreement)

We may temporarily suspend the member's use of the service or cancel the Membership Agreement without any notice or demand when any of the following circumstances have come to apply to the member

  1. (1)When the member has violated the Membership Agreement
  2. (2)When the member has been involved in a traffic accident when using a Share Bicycle
  3. (3)When the member has fallen into arrears on payment of the fees prescribed in Chapter 5 or any other monetary obligations based on these Terms even once
  4. (4)When any of the circumstances prescribed in Article 3, paragraph 3 (Grounds for refusal of a Membership Agreement) apply to the member
  5. (5)When we have otherwise deemed the member's continued use of HELLO CYCLING to be inappropriate such as in the case we are no longer able to contact that member or in the case the member is found to have entered erroneous information in their membership application.
Article 7 (Discontinuation of Business)
  1. 1.We may unilaterally discontinue HELLO CYCLING if we are unable to provide Share Bicycles or HELLO CYCLING in whole or in part or have otherwise deemed the continued operation of HELLO CYCLING to be difficult.
  2. 2.In the case of the preceding paragraph, the Membership Agreement will be terminated at the time we have notified the member to that effect in the manner we deem appropriate such as through a post on our prescribed website.
Article 8 (Early Termination of the Membership Agreement)

The member may terminate the Membership Agreement with our approval. In this case, the member shall pay the usage fees incurred up to the Membership Agreement termination date.

Article 9 (Term of the Membership Agreement)

The term of the Membership Agreement shall be from the date of its conclusion to the date on which HELLO CYCLING is discontinued.

Article 10 (HELLO CYCLING Operating period)

We may change the HELLO CYCLING operating period without notice due to the weather and operational circumstances, etc.

Article 11 (Temporary Interruption and Resumption)

We may interrupt HELLO CYCLING services in whole or in part after notifying the member to that effect in the manner we deem appropriate such as through notification on the App, etc. when we have deemed it difficult to safely provide the services as a consequence of natural phenomena, local events or any other circumstances. We will resume services as soon as the cause of the interruption has been resolved. We shall not refund fees for such periods of HELLO CYCLING service interruption.

Article 12 (ID and Password Management, etc.)
  1. 1.The member shall appropriately manage the ID and password that we issue to them upon the conclusion of the Membership Agreement, as well as the unlock passcode that we issue to them at the time they borrow a Share Bicycle, on their own responsibility and must not disclose or leak such information to any third party.
  2. 2.We assume no responsibility for the member's management of their ID, password and unlock passcode and we shall regard the use of the member's ID, password and unlock passcode by a third party and the outcomes thereof as the actions of that member except when a consequence of circumstances attributable to our own responsibility.
  3. 3.The member must immediately notify the Secretariat if their ID, password or unlock passcode has been stolen or fraudulently used, etc. by a third party or when there is a risk of the same.

Chapter 3: Share Bicycle Individual Agreements

Article 13 (Share Bicycle Reservation and Reservation Cancellation, etc.)
  1. 1.The member, when seeking to use a Share Bicycle, shall clearly indicate the bicycle they wish to borrow as well as the Station from which they would like to collect the Share Bicycle and make a reservation to conclude an individual loan agreement (hereinafter, "Individual Agreement") via our prescribed method in advance. We shall then designate a pick up period for the member having consideration to other reservations, etc.
  2. 2.The member acknowledges that their reservation will be automatically cancelled if they have not completed the Station Pick Up Procedures prescribed in Article 14, paragraph 1 within our designated period.
  3. 3.The member shall not make any demands or take any action against us in connection with the cancellation of a reservation pursuant to the provisions of the preceding paragraph.
Article 14 (Share Bicycle Borrowing Procedures, etc.)
  1. 1.After having made a reservation to conclude an Individual Agreement, the member will unlock the Share Bicycle using the Smart Key in our prescribed manner (hereinafter, the "Station Pick Up Procedure"). The Individual Agreement between the member and OpenStreet will be established upon the unlocking of the Share Bicycle, and we shall lend the Share Bicycle to the member. It should be noted that if the member has unlocked a Share Bicycle Smart Key using a registered smart card in our prescribed manner, then an Individual Agreement shall be regarded as having been established in relation to that Share Bicycle at the time the Share Bicycle was unlocked even if the member has not gone through the reservation procedure.
  2. 2.We may refuse to loan a Share Bicycle to the member if any of the matters set forth in Article 6 and Article 13 apply.
  3. 3.The member shall not make any demands or take any action against us in connection with our refusal to loan a Share Bicycle pursuant to the provisions of the preceding paragraph.

Article 15 (Share Bicycle Return Procedures, etc.)
    1. 1.The member shall be regarded has having returned the Share Bicycle upon (1) personally returning the Share Bicycle to a Station in which it can be stored and locking the Smart Key equipped in the Share Bicycle; and (2) notifying us of the return of the Share Bicycle by using the Smart Key in our prescribed method (hereinafter, "Return to Station Procedures".) The Individual Agreement shall be terminated upon the completion of Return to Station Procedures.
    2. 2.The member shall ensure that they have not left any personal effects behind on the bicycle when returning the Share Bicycle. We assume no liability for the loss of the member's personal effects, etc.
    3. 3.If the member is unable to complete Return to Station Procedures prescribed in paragraph 1 by reason of a Station being unable to store the Share Bicycle, etc., then they shall return the Share Bicycle to another Station in which it can be stored.
    4. 4.The member shall contact the Secretariat and seek instruction in the case of an emergency such as when they are unable to return the Share Bicycle to another Station in the case of the preceding paragraph.
    5. 5.The member shall not be regarded as having completed Return to Station Procedures in the event they have left the Share Bicycle in a location other than at a Station without contacting the Secretariat or contrary to the instructions of the Secretariat.
Article 16 (Cancellation of an Individual Agreement)

We may demand the member to return a Share Bicycle in each of the following cases

  1. (1)When it is no longer possible for us to lend the Share Bicycle during the loan period as a consequence of the Share Bicycle malfunctioning or otherwise becoming unusable or any other circumstances.
  2. (2)When the member has violated these Terms during the Share Bicycle loan period.

Chapter 4: Handling of Bicycle Accidents, etc.

Article 17 (Handling of Accidents)
  1. 1.If a Share Bicycle has been involved in an accident during the loan period, then the member shall handle the situation as follows as well as taking the measures prescribed under law, regardless of the severity of the accident.
    1. (1)Immediately report the circumstances of the accident, etc. to the responsible police dept. and the Secretariat.
    2. (2)Promptly submit the documentation or evidence relating to the accident required by us and our nominated insurance company.
    3. (3)Obtain our approval before reaching a settlement or concluding an agreement with a third party.
  2. 2.The member shall seek to handle and resolve the accident on their own responsibility and at their own expense in addition to taking the measures prescribed in each item of the preceding paragraph.
Article 18 (Handling of Faulty Bicycles and Theft, etc.)
  1. 1.If the member has noticed an abnormality or malfunction in the Share Bicycle or the Station during the Share Bicycle loan period, then they shall immediately stop using the Share Bicycle, contact the Secretariat and act in accordance with the instructions of the Secretariat.
  2. 2.If the member's Share Bicycle has been stolen, etc. during the Share Bicycle loan period, then they shall immediately report the circumstances of the theft, etc. to the responsible police dept. and the Secretariat and act in accordance with the instructions of the Secretariat. The member shall pay the amount designated by us as a contribution for the stolen Share Bicycle in this case.
Article 19 (Response to Dead Battery)

If the member's Share Bicycle battery has run out of charge or may run out of charge during the Share Bicycle loan period, then they shall immediately report the situation to the Secretariat and take the necessary measures such as returning the Share Bicycle to the nearest Station, etc. in accordance with the instructions of the Secretariat.

Article 20 (Compensation for Damages)
  1. 1.We shall take out the following damage insurance for the period during which a Share Bicycle is loaned to the member based on an Individual Agreement under the following conditions and indemnify the member for their liability based on the provisions of Article 35 within the limits prescribed in each of the following items
    1. (1)Death and permanent disability: 5,000,000 yen; Coverage for hospitalization: 3,000 yen per day; coverage for outpatient hospital visits: 1,500 yen per day. However, coverage for hospitalization shall be paid only for the first 180 days following the accident and coverage for outpatient hospital visits shall be limited to 90 days of visits within the first 180 days following the accident.
      *The coverage period for injuries suffered while riding a Share Bicycle. Injuries resulting from sudden and unexpected external events are covered.
    2. (2)Third party bodily injury / property damage liability coverage: 300,000,000 yen
      *Coverage for the period while riding a Share Bicycle. Legal liability for physical damage or property damage caused to a third party due to use of the Share Bicycle is covered.
  2. 2.Damages exceeding the limit of the coverage prescribed in the provisions of the preceding paragraph shall be borne by the member.
  3. 3.The member acknowledges without objection that they may be not be covered by damage insurance and our compensation system for damages resulting from accidents not reported to the police and the Secretariat or from accidents caused while the member is in violation of these Terms.
  4. 4.In addition to the provisions set forth in the preceding paragraph, the compensation prescribed in paragraph 1 may not be paid out and the damages will have to be borne by the member in full in the case the disclaimers stipulated in the terms of the insurance policy apply (i.e. in the case of situations for which the insurance company will not pay out claims.)

Chapter 5: Fees

Article 21 (Fees)
  1. 1.Fees refer to the basic fee, extension charges and other fees to be paid by the member to us for the use of Share Bicycles.
  2. 2.We shall clearly state the amount or calculation basis for each of aforementioned fees in the list of fees displayed on the App, etc.
Article 22 (Basic Fee)

The basic fee refers to the basic fee to be paid for services either on a daily or hourly basis, etc. as prescribed in the contract type selected pursuant to the provisions of Article 4, paragraph 1 or changed pursuant to the provisions of Article 5, paragraph 1.

Article 23 (Extension Charge)
  1. 1.Extension charges refer to the charges to be paid by the member when they have used a Share Bicycle that they have borrowed beyond the initial usage period prescribed in each contract type.
  2. 2.An extension charge shall be charged for the period from the time at which the initial usage period prescribed in the provisions of the preceding paragraph has ended to the time at which the member has returned the Share Bicycle by completing the Return to Station Procedures prescribed in the provisions of Article 15 or otherwise.
Article 24 (Other Fees)

Other fees refer to the fees for paid services stipulated by us in addition to the basic fee and extension charges.

Article 25 (Payment of Fees)
  1. 1.The member shall pay the full amount of the basic fee, extension charges and other fees, etc. in the prescribed manner such as credit card payment or mobile phone carrier billing, etc. when returning a Share Bicycle.
  2. 2.If we cannot receive payment from the member in the manner prescribed in the preceding paragraph, then we may prescribe an alternative manner of payment.
Article 26 (Cases in Which Usage Fees Will Be Refunded)
  1. 1.If the member has suffered damage due to it having become impossible or significantly difficult for the member to complete Share Bicycle Return to Station Procedures as a direct consequence of defects in the App, etc. or the system (hereinafter, "Defects"), then we will refund the amount of usage fees that we deem equivalent to the ordinary and direct damages caused by the Defects upon the request of the member so long as all of the following conditions are satisfied.
  2. (1)The member immediately notified us after they realized the Defect.
  3. (2)The member provided us with a sufficient explanation during our investigation process.
  4. (3)The member has provided us with evidence of facts from which the Defect can be inferred.
  5. 2.In the case of the preceding paragraph, we shall process the refund to the member at the time we prescribe.
Article 27 (Cases in Which Usage Fees Will Not Be Refunded)
  1. 1.Notwithstanding the provisions of the preceding Article, we will not issue any refund when we have deemed any of the following circumstances to apply.
  2. (1)The Defects are a consequence of the member's willful acts, acts of gross negligence or acts in violation of law.
  3. (2)The member has provided a false explanation of important matters relating to the Defects.
  4. (3)The member has failed to notify us of the Defects within 30 days from the day following the occurrence of the Defects.
  5. (4)The Defects are a consequence of the member's acts in violation of these Terms.

Chapter 6: Liability

Article 28 (Periodic Inspection and Maintenance)

We will perform periodic inspection and maintenance of Share Bicycles and Stations in accordance with our prescribed standards.

Article 29 (Pre-Use Inspection)
  1. 1.Each time the member borrows a Share Bicycle, they shall, prior to using that bicycle, confirm whether the bicycle is in a state in which it can be used safely and appropriately by checking the effectiveness of the brakes, the bend of the handle bars, the tire air pressure, the function of the bell, the Smart Key and the remaining battery charge, etc.
  2. 2.The member shall immediately notify the Secretariat and stop using the Share Bicycle if they have noticed any damage, missing equipment or poor maintenance.
  3. 3.If the member has used a Share Bicycle without reporting damage, etc. pursuant to the provisions of the preceding paragraph, then that Share Bicycle shall be regarded as having been properly maintained with no damage or missing equipment, etc. at the time it was loaned to the member.
Article 30 (Management Responsibility)
  1. 1.The member shall use and store Share Bicycles with the duty of care of a prudent manager.
  2. 2.The management responsibility prescribed in the preceding paragraph shall begin at the time the member has completed Share Bicycle Station Pick Up Procedures based on the Individual Agreement and end at the time the member has completed Return to Station Procedures.
Article 31 (Prohibited Acts)

The member must not engage in any of the following acts during the Share Bicycle loan period

  1. (1)Allow a person other than the member to use the Share Bicycle. (Except in the case the member has completed the separate procedures that we have prescribed.)
  2. (2)Use the Share Bicycle recklessly or under the influence of alcohol, etc.
  3. (3)Use the Share Bicycle in disregard of traffic regulations
  4. (4)Use the Share Bicycle in dangerous or unsuitable locations such as in parks, etc. in which riding bicycles is prohibited.
  5. (5)Acts that interfere with traffic including pedestrians, etc.
  6. (6)Modify, remove and change, etc. the bicycle structure, equipment and accessories.
  7. (7)Park the Share Bicycle in prohibited areas prescribed by ordinance, on private land without permission, or in any other location that would interfere with traffic.
  8. (8)Unreasonably continue to use the Share Bicycle after it has malfunctioned or has broken down.
  9. (9)Use the Share Bicycle for various tests, for contests or competitions, for towing or for pushing other objects.
  10. (10)If the member is a minor under the age of 13, use the Share Bicycle without a helmet.
  11. (11)Any other acts in violation of law or contrary to morals and public order
Article 32 (Measures in Response to Abandoned Share Bicycles)
  1. 1.If the member has parked a Share Bicycle in a location prohibited under item 7 of the preceding Article (hereinafter referred to as "Abandoning" the bicycle), then they shall be obliged to bear the expenses for the towing and storage, etc. of the abandoned bicycle, pay the usage fees up to the time at which the Share Bicycle is returned and compensate us for any other damage that we have suffered as a consequence.
  2. 2.If we have received notification of an abandoned Share Bicycle from a municipal government or police department, etc. in the case of the preceding paragraph, then we may demand the member to promptly move the Share Bicycle to a prescribed location and comply with legal measures as the offender. The member shall comply with our demands in this case.
  3. 3.The member shall promptly reimburse us for any of the expenses prescribed in paragraph 1 that we have paid on behalf of the member.
Article 33 (Obligation to Return Share Bicycles)

The member shall return the Share Bicycle in the same state in which it was loaned to them with the exception of ordinary wear and tear. If the Share Bicycle, including its attached equipment, has been damaged, lost or stolen, etc. in whole or in part as a consequence of circumstances attributable to the responsibility of the member, then the member shall bear the expenses required to restore the Share Bicycle to its original state including repair costs or replacement costs, etc.

Article 34 (Measures in Response to Unreturned Share Bicycles)
  1. 1.If the member has failed to return a Share Bicycle after the period of use prescribed in their contract type has elapsed and has not complied with our demand to return the bicycle, if the member has fallen into arrears on payments, or if we have deemed the member to have stolen a Share Bicycle due to the member's whereabouts becoming unknown or otherwise, then we may cancel the Membership Agreement or Individual Agreement as well as take legal measures such as lodging a criminal complaint against the member.
  2. 2.In the case of the preceding paragraph, the member will be obliged to pay the usage fees up to the time at which the Share Bicycle is returned as well as compensate us for any damages including any expenses required to search for and/or recover the Share Bicycle.
  3. 3.We will not hold the member liable for damages resulting from the member not returning the Share Bicycle during HELLO CYCLING operating hours as a consequence of natural disaster or other force majeure events. The member shall immediately notify the Secretariat and follow its instructions in this case.
Article 35 (Liability)

In addition to the provisions set forth in these Terms, the member shall be obligated to compensate damage caused to any third party or to us by their use of the Share Bicycle with the exception of damages not attributable to the responsibility of the member.

Chapter 7: Disclaimer

Article 36 (Disclaimer)

Even if the member has for whatever reason suffered damage as a consequence of their use of a Share Bicycle or inability to use a Share Bicycle, they may not seek damages from us in excess of the amount of the fees that we have received from the member as consideration for the use of the Share Bicycle. However, this shall not apply in the case of damage resulting from our willful acts or gross negligence.

Chapter 8: Personal Information and Location Information, etc.

Article 37 (Purpose of Use of Personal Information and Location Information, etc.)
  1. 1. We shall use Personal Information as well as the location / route information from the GPS equipped in Share Bicycles and any other information acquired along with the implementation of HELLO CYCLING (hereinafter collectively referred to as "Location Information, etc.") within the scope of the following purpose of use.
    [Purpose of use]
    1. (1)To facilitate our appropriate judgment and response in our business including approving/refusing HELLO CYCLING membership applications, etc.
    2. (2)To contact the member, to issue various documentation to the member and to verify the member's identity as necessary for the management of HELLO CYCLING.
    3. (3)To charge fees for the use of Share Bicycles
    4. (4)To appropriately manage the Membership Agreement and Individual Agreements, etc., and to respond to enquiries and facilitate the appropriate management required by law, etc. even after the termination of agreements
    5. (5)To provide information about our services, products, events and campaigns
    6. (6)To select prize winners and to send prizes and other notifications in connection with our campaigns, etc.
    7. (7)For marketing analysis for the purpose of product and service planning and development or increasing customer satisfaction, etc.
  2. 2.We may use Personal Information and Location Information, etc. for research, marketing or other business purposes, or provide such information to a third party, after processing that information to statistical information which cannot identify specific individuals.
  3. 3.If we will entrust the operation and management of HELLO CYCLING (all operations including computer affairs, payment processing, customer management and the handling of customer enquiries, etc.) and work relating HELLO CYCLING to a third party, then we shall provide the Personal Information acquired pursuant to the provisions of paragraph 1 to that third party contractor after first taking measures for the protection of the Personal Information.
  4. 4.The member may request us to disclose the content of their Personal Information in our possession and we will promptly correct or delete any Personal Information that turns out to be inaccurate or erroneous. The member is requested to direct requests for the disclosure, correction or deletion, etc. of their Personal Information, requests to cease using their Personal Information or providing it to third parties, and any other opinions concerning Personal Information, etc. to the following contact

Customer support service [OpenStreet Co., Ltd.   customersupport@hellocycling.jp]

Chapter 9: Supplementary Provisions

Article 38 (Change to These Terms)

We may change the content of these Terms without notifying the member in advance. If we have changed the content of these Terms, then we will post a notice to that effect in the App, etc. The member shall be regarded as having agreed to the revised terms if they have either used HELLO CYCLING services or have failed to undertake account deletion procedures after aforementioned notification.

Article 39 (Notifications, etc.)

Notifications and correspondence, etc. to the member shall be directed to the phone number and e-mail address registered by the member when applying to conclude the Membership Agreement. Notifications and correspondence, etc. shall be effective at the time they are transmitted and any disadvantage arising from the non-receipt thereof shall be borne by the member.

Article 40 (Delay Damages)

If the member has fallen into arrears on their performance of monetary obligations based on these Terms, then they shall pay us delay damages calculated at 14.6% p.a. (calculated daily based on a 365-day year) on the amount due.

Article 41 (Jurisdiction)

The Tokyo District Court shall have the exclusive jurisdiction to hear all disputes arising in connection with these Terms at the first instance.

Article 42 (Other)

Campaigns in the App, etc. are carried out independently by OpenStreet Co., Ltd. with no involvement of Apple.

[Revised July 11, 2018]