Terms of Use

Please find our General Terms and Conditions (“GTC”) for consumers below.

GTC valid from 29.05.2019 until 31.03.2020 - here

GTC valid from 01.04.2020 until 01.04.2022 - here
GTC valid from: 01.04.2022 until 06.01.2023 - here
GTC valid from: 02.06.2023 until 25.07.2023 - here
GTC valid from: 25.07.2023 until 14.09.2023 - here
GTC valid from: 14.09.2023 until 20.12.2023 - here
GTC valid from: 20.12.2023 until 07.03.2024 - here
GTC valid from: 07.03.2024 until 30.04.2024- here

Current status of the GTC valid from: 30.04.2024 as of: 30.04.2024 - here

These GTC apply only to orders placed by you as a consumer. If You have any questions
about this or if you do not want to accept the GTC, our customer service will of course
always be available to you by email at [email protected].
For customers who are not consumers the following general terms and conditions apply:
https://www.grover.com/business-de/g-about/agb

1. Scope

2. Object of the contract

3. Registration

4. Conclusion and extension of the Agreement, shipment or handover

5. Start of the rental, term and termination of the Rental Agreement

6. Right to withdraw
7. Terms of Delivery

8. Rental fees, purchase price and shipment costs

9. Terms of payment

10. Customer’s responsibility

11. Damages and loss of the Rental Item, Grover Care

12. Special provisions for the rental of drones, e-scooters, e-bikes, Grover
Cash, Digital Products and Custom Purchase Price

13. Warranty, liability

14. Grover’s liability

15. Indemnification from liability

16. Use of the Platform

17. Prohibition of assignment, transfer for use, pledging

18. Data protection

19. Online dispute resolution and consumer mediation office

20. Customer service

21. Changes

22. Applicable law

23. Final provisions

1. Scope
These GTC apply to all contracts, which are concluded by consumers for products and
services that are offered via www.grover.com (“Website”), in the Grover app and through
distribution partners (hereinafter referred to individually or collectively as the “Platform”).

The operator of the Grover app, the Website and the contractual partner of the customer
(hereinafter referred to as “You”, “Your” or “Customer") for contracts concluded via the
Platform is:

Grover Deutschland GmbH

Potsdamer Str. 125, 10783 Berlin
Commercial register: Local Court of Amtsgerichts Charlottenburg
Commercial register number: HRB 246291 B
Value added tax identification number: DE355009161

Grover Group GmbH, in representation of Grover Deutschland GmbH (hereinafter referred

to as “Us”, “We” or “Grover”), exercises its rights and duties under the contracts and
assumes them on behalf of Grover.

The Customer is a consumer in the definition of Sec. 13 BGB if he/she uses the services
of Grover for a purpose that can be primarily attributed to neither his/her commercial nor
self-employed professional activity.

The agreements concluded between Us and the Customer are based exclusively on the
following GTC and the contract confirmation. Deviating or supplementing general terms
and conditions of the Customer do not apply. They shall not apply either in the case We
do not expressly object to their inclusion.

The contract language is German. The GTC can be viewed and downloaded as a PDF via
the link above.

The Customer is also permitted to print them out.

2. Object of the contract

The renting of new or used merchandise, including all items (including, but not limited to
power supply units, manuals, cables, mouse, keyboard etc.), hereinafter referred to as
“Merchandise” or “Rental Item” or “Rental Items”, is agreed under this contract for the
transfer for use, hereinafter referred to as the “Rental Agreement”, via the Platform. The
purpose of the contract is that the Customer receives the exclusive use of the
Merchandise against payment of the agreed rental fee.

A contract for the purchase of Digital Products and/or Tech-Accessories and/or Grover
Care (“Specific Products”), can be concluded as well (“Purchase Agreement for Specific
Products”). “Digital Products” are digital only products such as software licences or media
subscriptions. “Tech-Accessories” are physical products which complement tech
products, for example bags or screen protectors. “Grover Care” is an add-on service that
reduces a Customer’s liability for Damage (as further described in Section 11, below). If
Grover Care is selected it becomes an inseparable part of the Rental Agreement.
Rental agreement and Purchase Agreement are hereinafter together referred to as
“Agreement”. Rental Items and Specific Products are hereinafter referred to together as
“Products”.

3. Registration

You can conclude an Agreement only as a registered customer.

You can register when You place an order or separately from Your order.

You are required to provide exclusively true data when You register (e.g. Your name,
address, email address, bank details) and, in particular, You must not provide data of third
parties.

You are required to inform Grover of any changes in Your data without delay.
You shall be liable for any abuse of the login details by third parties, unless this abuse is
at our fault. This can also entail that You will be required to pay for Products , which You
have not ordered Yourself.

Natural persons may register and place orders only if they are of legal age and have full
contractual capacity. We verify the minimum age by using a reliable procedure involving a
personal identity and age check.
Upon successful registration, Grover will create a customer account for You.

4. Conclusion and extension of the Agreement,

shipment or handover
4.1 Presentation of the Products on the Platform

The presentation of the Products on the Platform is subject to change, i.e. it does not
represent a binding offer for the conclusion of an Agreement.

4.2 Conclusion and extension of a contract

4.2.1 For orders via the Grover app or the Website

You can place a Product in the basket in the Grover app and on the Website by clicking
the relevant button on the offer page. The amount of the payable rent, in case of Specific
Products the purchase price respectively purchase price installment will be displayed to
You on the offer page. You will make a binding offer for the conclusion of the contract
only when You click on the respective button on the summary page. Up until this point in
time, You can check Your information in the order mask at any time and correct it if
necessary. Upon this order, You will receive a confirmation of Your order subject to
change. After a successful check of the order, You will receive an email from us
confirming the rental of the selected Merchandise, or in case of Specific Products the
purchase of these hereinafter referred to as “Contract Confirmation.” The Agreement
becomes effective on receipt of this Contract Confirmation.
4.2.2 For orders through the agency of an Distribution Partner:

You can also get a rental through the agency of a stationary dealer, who is involved as a
Distribution Partner of Grover, hereinafter referred to as “Distribution Partner.” An online
portal (hereinafter referred to as “Sales Portal”) will be used for this purpose at the
location of the Distribution Partner. The operator of the Sales Portal is Grover
Deutschland GmbH. You can place an order via the Sales Portal. If You are not registered
yet, You can register in the same process. You select the Rental Items available at the
Distribution Partner and place a request for a rental on the Sales Portal. The amount of
the payable rent will be displayed to You. You will make a binding offer for the conclusion
of the contract only when You click on the button “Rent subject to payment” on the
summary page. Up until this point in time, You can check Your information in the order
mask at any time and correct it if necessary by means of the change button. Regarding
the details of the respective offer, it is referred to the description of the offer on the Sales
Portal, hereinafter referred to as “Offer Description.” You will receive an email in which We
confirm the receipt of Your order and in which We ask You to verify Your email address.
After You have verified Your email address, We will check Your order. After a successful
check of the order, You will receive a “Contract Confirmation.” The Rental Agreement
becomes effective on receipt of this Contract Confirmation.

The Distribution Partner helps You with the registration and orders.

On receipt of the Contract Confirmation, the Distribution Partner will transfer the Rental
Item to You.

4.2.3 Extension and modification of Rental Agreements

You can extend current Rental Agreements via the customer account or modify them
(especially in view of the minimum contract term): You can place a binding offer for the
extension or modification of a current Rental Agreement only by clicking on the respective
button After a successful check of the extension request, You will receive an email from
us confirming the extension of the rental term or the modification, hereinafter referred to
as “Contract Confirmation.” On receipt of this Contract Confirmation, an agreement on the
extension or modification of the Rental Agreement will become effective. Then the agreed
new contract or minimum contract term will apply. Switching to a shorter minimum
contract term will not be possible anymore then.

4.2.4 Verification, check of identity and age

The order process, which is to be completed for the conclusion of a contract or for an
extension, can also include the Customer’s verification of his/her mobile phone number
via his/her smartphone, and a check of identity and age.

4.3 Customer and access data:

You warrant that all data You entered when ordering (e.g. Your name, address, email
address, bank details,) is accurate and that You have not used any data of third parties.
You are required to inform Grover of any changes in Your data without delay.

4.4 Shipment and handover:

4.4.1 For orders via the Grover app or the Website:

If the Product is ordered via the Grover app or the Website:

In case of a Rental Item: the Rental Item will be shipped only after You have paid the first
monthly rent. For as long as the condition of the first payment has not been fulfilled, We
shall have the right to withhold the Rental Item. No fee for use shall be payable for the
period between the shipment of the Rental Item and the delivery to the Customer (in this
regard, see Section 5). The obligation for the payment of the rent shall begin to apply only
upon the delivery of the Rental Item to the Customer.
In case of a Specific Product: The Specific Product will be shipped/delivered only after
You have paid the full purchase price. For as long as the condition of the payment of the
full purchase price has not been fulfilled, We shall have the right to withhold the Specific
Product.
4.4.2 For orders through the agency activity by an Distribution Partner:

If the Rental Item is ordered through the agency of a Distribution Partner, the Distribution
Partner shall transfer the Rental Item to the Customer on site upon the signing of the
contract and payment of the first monthly rent. Handovers to businesses are made
exclusively to the authorised representative. The rental subject to payment shall begin
upon the handover of the Rental Item.

5. Start of the rental, term and termination of the

Rental Agreement
5.1 Start of the rental and term of the Rental Agreement

The rental term shall begin on the delivery of the Rental Item to the Customer, hereinafter
referred to as “Delivery.” The Delivery will be made by shipment and handover by us or a
Distribution Partner or a parcel service contracted by us or by the Distribution Partner.

The term of the Rental Agreement depends on Your choice when You place the order.
Unless a deviating provision is agreed in the specific case, the contract will be valid for an
indefinite period.

5.2 Ordinary termination

The Parties have the right to terminate the Rental Agreement with a notice period of four
weeks toward the end of each contract month, without a statement of reasons but at the
earliest, if a minimum term is agreed, toward the end of the agreed minimum term of the
contract.

5.3 Extraordinary termination

The right of extraordinary termination of the Rental Agreement for good cause without
notice remains unaffected. Grover shall have a right of extraordinary termination, in
particular if

● the Customer is in arrears with the payment of the rental fees on two
consecutive due dates;
● the Customer is late with the payment of the rental fee, even though the
Customer has already been warned or reminded for repeated delays in
payment;
● the Customer transfers the Rental Item to third parties without permission;
● the Customer violates our rights by putting the Rental Item into significant
harm’s way by neglecting the duties of care incumbent on it or due to
inadequate maintenance or improper use, or
● the Customer dies.

If several Rental Agreements exist between Us and the Customer and if We have a right of
extraordinary termination without notice for good cause with regard to one of the Rental
Agreements, We can also terminate the other Rental Agreements extraordinarily without
notice if the continuation of the additional Rental Agreements cannot be reasonably
expected from Us due to the Customer’s conduct being grossly contrary to good faith.
This is the case, in particular if the Customer

● intentionally damages a Rental Item;

● fraudulently conceals or attempts to fraudulently conceal a damage caused
on a Rental Item from Grover;
● intentionally damages Grover; or
● uses a Rental Item in the course of or for the purpose of intentionally
committing criminal offences.
5.4 Notice of termination

You can terminate the Rental Agreement (toward the next possible termination date) by
giving notice (i) in text form or (ii) online in the customer portal by clicking on the
respective button.

5.5 Return of the Rental Item

5.5.1. You are obligated to return the Rental Item to Grover, including all equipment directly
upon the end of the Rental Agreement. Apart from the normal signs of use, You must
return the Rental Item in the condition it was in when You received it in particular, You
must remove any password protection, linking of the Rental Item to a personal account or
other lock that prevents or hinders the use of the Rental Item by third parties.

5.5.2. Irrespective of any claims for damages, we may charge you the Residual Value of
the Rental Item if it is not returned within 3 weeks of the end of the contract.

“Residual Value” is calculated on the basis of the current market value of the Rental Item
(current means in connection with a damage the time we received your report regarding the
damage and in connection with a purchase the time we received your purchase request).

5.5.3. If you return the Rental item incomplete, we are free to charge you for the resulting
damage if you do not promptly return the missing parts of the Rental Item despite being
requested to do so.

5.5.4. Should You return the Rental Item with password protection, linkage of the Rental
Item to a personal account or other lock that prevents or hinders the use of the
Merchandise by third parties, We reserve the right to have the Rental Item unlocked at
Your cost. In that case, You will be obligated to pay a flat fee of €49. If You can prove that
unlocking costs were lower than the flat fee, the lower amount shall be paid.
5.5.5. To return the Rental Item or Tech-Accessory, we ask you to use the return label
provided by us or the QR return code provided by us, and to use the delivery service
provider specified there.

5.5.6. If you do not use the return label provided by us or the QR return code provided by
us, you bear the risk of loss or damage to the Rental Item during return shipment.

5.6 Continuation of the Rental Agreement in case of continued use

If You continue the use of the Rental Item after the end of the Rental Agreement, the
rental will be extended for one further month, respectively, unless Grover objects thereto.
Sec. 545 BGB does not apply.

5.7 Data backup

On the return of the Rental Items, Grover will delete all data stored on the Rental Items
without a possibility of restoring this data. You must therefore back up the data stored on
the Rental Items before You return them.

6. Right to withdraw

6.1 Entitlement

If the Customer is a consumer and if he/she has rented the Rental Item or made a
purchase via the Grover app or the Website, he/she has a right to withdraw his/her
statement of intent. No right to withdraw is at the disposal of Customers, who are
businesses, and Customers, who are consumers and have rented the Rental Item through
the agency of a Distribution Partner.

For Digital Products, you will lose your right to withdraw (cancel order with refund)
because — by clicking “I accept” button — you will explicitly agree and confirm your
acknowledgement that
 - Grover starts the performance of the contract before the end of the withdrawal
period, and
- by agreeing to this your withdrawal right ceases with the beginning of the
performance of the contract.

6.2 Instruction on the right to withdraw

6.2.1 Right to withdraw

Insofar as You have a right to withdraw, You have the right to withdraw the Agreement
within fourteen calendar days without a statement of reasons.

The withdrawal period is fourteen calendar days from the day on which you or a third
party other than the carrier and indicated by you acquire(s) physical possession of the
last good.
To exercise Your right to withdraw, You have to inform us by means of a clear statement
(e.g. a letter sent by post, fax or email) about Your decision to withdraw the Agreement
at this address or email:

To exercise Your right to withdraw, You have to inform us:

Grover Deutschland GmbH
Potsdamer Str. 125
10783 Berlin
Email: [email protected]

For all returns please use the return labels or return QR codes as described in Section
5.5.

To observe the withdrawal period, it is sufficient if You mail the notification of the exercise
of the right to withdraw before expiration of the withdrawal period. Please note that the
address is intended only for your revocation notice. The return will be made to the
address mentioned in 6.2.2.
6.2.2 Consequences of revocation

Insofar as You have a right to withdraw, if You withdraw from the Agreement, We shall
refund all payments to You that We have received from You, including the delivery costs
(except for the additional costs incurred because You have chosen a different delivery
type than the most efficient standard delivery offered by us), without delay and at the
latest within fourteen days from the day on which the notification of Your withdraw of the
contract was received by Us. We will use the same payment method for this refund, as
the one that You have used in the original transaction, unless otherwise explicitly agreed
with You. You will never be charged any fees for this repayment.

In case of Rental Items and Tech-Accessories we can refuse to refund the payment until
We have received them back or until You have provided proof that You have returned
them , whichever is the earlier date.

You shall return the Rental Item and/ or Tech-Accessory (as applicable) to us by
shipment or handover in person without delay, whereas in any case, at the latest within
fourteen days from the day on which You informed us, to the following

Return address:

INGRAM MICRO SERVICES

c/o Ohl Solutions GmbH
Tor 11 - 12
Lise-Meitner-Str. 23
24941 Flensburg
Germany

The period will be deemed observed if You ship the Rental Item and/or Tech-Accessory
(as applicable) before expiration of the fourteen-calendar day period.
You shall bear the direct costs for the return shipment of the Rental Item and/or
Tech-Accessory (as applicable) Returning the Rental Item and/or Tech-Accessory (as
applicable) to the wrong address may result in delay of repayment.

7. Terms of Delivery

If You have rented the Rental Item or purchased a Specific Product which has to be
delivered via the Grover app or the Website (Section 4.2.1), the following Terms of
Delivery apply:

The Rental Item or the Specific Product which needs delivery shall be delivered to the
shipping address You have given. Grover has a right to make part deliveries within
reasonable limits. Any additional costs incurred for this shall be borne by Us. If Grover
should discover during the processing of the order that the Product ordered by You is not
in stock, in spite of a most careful check of the inventory and for reasons outside of
Grover’s responsibility, You will be informed of this by email and no contract will be
effected. If Grover has previously accepted Your offer to conclude a contract by sending
the Contract Confirmation, We shall be entitled to withdraw from the contract. Any
payments made will be refunded immediately. The delivery periods indicated in the
context of the Offer Description are approximate indications. They therefore apply only as
agreed approximate values. If the indicated delivery date is exceeded by more than four
weeks, each of the Parties shall have the right to withdraw from the contract. If Grover
has no fault for lasting delivery problems, in particular in cases of force majeure (e.g.
pandemics like COVID-19) or a lack of supply from its own suppliers, although a
corresponding covering transaction has been exercised on time, We shall have the right to
withdraw from the contract with You to the same extent. You will be informed of this
without delay and any received consideration, in particular payments, shall be refunded
immediately. You legal rights remain unaffected for the rest.

8. Rental fees, purchase price and shipment costs

Rental fees for Rental Items:

Grover charges fees for the use of the Rental Item. The amount of the rental fees results
from the Offer Description. The total rental price is calculated from the following
components: rental fee per month times the number of months in the term of the
contract.
All rental prices are understood as end prices and include the statutory value added tax.
Besides the end prices, further costs depending on the shipment type will be incurred,
which will be shown before the order is shipped.

Grover has the right to change the rental fees for the period after the end of the minimum
contract term. Grover will inform You of the change at the latest six weeks before the
change takes effect. If You do not agree with the change, You can cancel the contract up
to two weeks before the price change takes effect. If no notice of the termination is given,
Your agreement to the price change will be assumed. Grover will inform separately of the
possibility of termination and the observation of the deadline.

Purchase Price for Specific Products:

For Special Products you are charged a purchase price. The purchase price is understood
as a gross price including the statutory value added tax as applicable at the time of the
order. Please note that possible vouchers, discount codes, loyalty programmes or similar
are regularly only deducted from the rent but not from the purchase price.

9. Terms of payment

9.1 Payment option

The payment will be settled by Grover. Exclusively the following options for payment are
available to You: payment service providers (e.g. PayPal), credit card, VISA debit card,
under certain circumstances SEPA direct debit and, with explicit agreement, bank
transfer. If a payment service provider is used, it will enable Grover and You to settle the
payment with each other. For this purpose, the payment service provider will forward Your
payment to Grover. You will receive information about this on the Website of the
respective payment service provider. For payment by credit card, the Customer must be
the rightful card holder. The final charge to the credit card will be made on confirmation of
the request for the rental. The credit institution, BIC and IBAN of the Customer’s bank
account will be required for a SEPA direct debit procedure. By selecting the SEPA direct
debit procedure, You permit Grover to debit payments from Your bank account by direct
debit mandate. At the same time, You instruct Your credit institution to cash the direct
debits charged by Grover against Your bank account. Your bank account will be charged
after completion of the order. Under the terms agreed with Your credit institution, You can
also request the refund of the debited amount within eight weeks after the debit date.
You can view Your SEPA direct debit mandate in Your Customer account at
www.grover.com and revoke it in accordance with Sec. 675p BGB [German Civil Code].

9.2 Rental fees and purchase price

The rental fees shall be paid in advance by the Customer. The rental fees shall be paid by
the Customer, regardless of the actual use of the Rental Item and they will not be
refunded if the Customer returns the Rental Item to Grover already before the end of the
contract term or if the Customer does not use it for other reasons. No right for partial
refund or crediting applies.

If a contract has a minimum term, (i) the first payment of the rental fee shall be made on
the conclusion of the Rental Agreement and before the shipment or handover of the
Merchandise (in this regard, see Section 4.4), and (ii) all further payments shall be made
as of the second month of use, i.e. one month after the delivery date, respectively (e.g.:
for an order on 1 March and delivery on 10 March, the 1st payment will be due on 1 March
and the 2nd payment on 10 April, the 3rd payment on 10 May, etc.)

The purchase price for Specific Products you have to pay at the time of the purchase.

9.3 Default

If the Customer defaults on payment, Grover shall be entitled to charge default interest in
the amount of 5 percentage points above the base interest rate. Grover reserves the right
to prove a higher damage. At our sole discretion we may refer any of Your due and
outstanding debts to a debt collections agency for collection.

9.4 Prohibition of set-off and right of withholding

Customers may only set-off claims that are uncontested by Grover or claims against
Grover that have been established as final and absolute against Grover’s payment claim.
The Customer may exercise a right of withholding only if its counterclaim is based on the
same contractual relationship.

10. Customer’s responsibility for the Rental Item

You receive the Rental Item exclusively for use over a certain period. You must not modify
it. A repair of a defect in accordance with the provisions of Sec. 536a (2) BGB or wear and
tear of the Rental Item in the course of the use in accordance with the contract in the
definition of Sec. 538 BGB is not deemed a modification of the Rental Item. The Customer
shall not be entitled to a refund of expenses for modifications it has made pursuant to
Sec. 539 (1) BGB. Grover is entitled to restore the original condition at the Customer’s
cost upon the expiration of the contract. This shall not apply if the original condition can
only be restored at disproportionately high cost; in that case, the claims of Grover for
damage compensation shall remain unaffected.

11. Damages and loss of the Rental Item, Grover Care

11.1 Damages

Only careful use as intended is permitted, so as to minimise the damages that are to be
expected. In the event of any damage or other deterioration of the Rental Item during the
rental term, the Customer is obligated to inform Grover immediately in writing of all details
of the incident that has led to the damage or other deterioration of the Rental Item. In the
case of damages to the Rental Item and other violations of the Rental Agreement
concluded between the Customer and Grover, the Customer shall be liable on the merits
pursuant to the statutory provisions.
11.2 Liability of the Customer/Grover Care

A Customer may purchase Grover Care for a Rental Item, as an add-on to a Rental Item.
Damages that are covered in the Grover Care packages include: display/optical damages,
technical damages, and frame/housing damages, as well as any regular wear and tear
(“Damage/s”).

Following is excluded from Grover Care:

1. theft for which you are at fault,
2. willfully caused loss or willfully caused damages to the Rental Item,
3. unlocking the Rental Item.

Grover Care may be used twice in the 12-month period for each Rental Item it is purchased for.

Regardless of whether Grover Care is purchased, the Customer is liable for the Rental Item’s
rent for the month in which the Damage was reported.

If a Customer elects to not purchase Grover Care, the Customer is liable for 100% of the
Damage; however, if this exceeds the Residual Value of the Rental Item, the Residual Value will
be paid instead (this also applies to any theft/loss/intentional misuse).

Grover Care protection is inseparable from the Rental Agreement, and additional special terms
may apply to specialty items, such as drones or e-mobility.

The Grover Care packages currently offered are:

Tier 1: 50% coverage, whereby the Customer is only liable for 50% of the Damage;
Tier 2: 90% coverage, whereby the Customer is only liable for 10% of the Damages.

12. Special provisions for the rental of drones,

e-scooters, e-bikes, Grover Cash, Digital Products
and Custom Purchase Price
12.1 Special provision on the use of drones

The applicable legal regulations shall be observed as well as the manufacturer’s operating
instructions for the use of drones.

You have to ensure that You

● Have all required certificates and permits, which are required pursuant to
applicable law, in particular EU Regulations No 2018/1139, No 2019/945 and
No 2019/947, the German Air Traffic Act (“LuftVG”) and the Air Traffic
Ordinance (“LuftVO”) (e.g. an “EU Certificate of Competence” or an “EU
Remote Pilot Certificate” [“Drone Pilot License”]);
● Are familiar with the manufacturer’s operating manual;
● Comply with applicable registration duties, in particular pursuant to Art. 14
EU Regulation No 2019/947, i.e. You have registered in particular as a drone
operator with the German Federal Aviation Authority and You have
appended Your registration number on the drone (which must be removed
from the drone again when it is returned to Grover);
● Fulfil all duties as operator of drones according to the Annex to EU
Regulation No 2019/947, including the following duties, in particular:

12.1.1 UAS.OPEN.050 Responsibility of the UAS Operator

You, as UAS operator, must fulfil all of the following requirements:

● You must develop operational procedures adapted to the type of operation

and the risk involved;
● You must ensure that all operations effectively use and support the efficient
use of radio spectrum in order to avoid harmful interference;
● You must designate a remote pilot for each UAS operation;
● You must ensure that the remote pilots and all other personnel performing a
task in support of the operations are familiar with the user's manual
 provided by the manufacturer of the UAS, Model Cancellation Policy UAS;
and
● Have appropriate competency in the subcategory of the intended UAS
operations in accordance with points UAS.OPEN.020, UAS.OPEN.030 or
UAS.OPEN.040 to perform their tasks or, for personnel other than the
remote pilot, have completed an on-the-job-training course developed by
the operator;
● Are fully familiar with the UAS operator's procedures;
● Are provided with the information relevant to the intended UAS operation
concerning any geographical zones published by the Member State of
operation in accordance with Article 15;
● Update the information into the geo-awareness system when applicable
according to the intended location of operation;

12.1.2 Regulation (EU) No 2019/945

In the case of an operation with an unmanned aircraft of one of the classes defined in
Parts 1 to 5 of Delegated Regulation (EU) 2019/945, You must ensure that the UAS is:

● Accompanied by the corresponding EU declaration of conformity, including

the reference to the appropriate class; and
● The related class identification label is affixed to the unmanned aircraft.

12.1.3 Moreover, You must

● Ensure in the case of an UAS operation in subcategory A2 or A3, that all

involved persons present in the area of the operation have been informed of
the risks and have explicitly agreed to participate.
● Comply with the rules on the minimum age (usually, remote pilots must be
16 years of age according to Art. 9 (1) EU Regulation No 2019/947;
● Observe the legally permissible altitude applicable to drones;
 ● Observe regulations that prohibit the flying and operation of drones in
certain places and in certain zones and situations;
● Apply the required care in traffic during the use, i.e. in particular but not
exclusively that
● You fly the drone only within the line of sight – unless otherwise regulated
as an exception – refrain from any use drones above
● gatherings of people and in poor weather conditions and refrain from flying
a drone while under the influence of alcohol; and
● Observe the data protection regulations in the recording, publication and
dissemination of photo and video recordings with the use of drones, and
that You respect the personal rights of the people depicted.

Grover expressly instructs the Customer that the drone is an aircraft in the definition of
the LuftVG, to the consequence that the Customer is liable independent of fault for any
risks based on the Customer's sole power of control over the drone as its holder and that
the conclusion and confirmation of a liability insurance policy is mandated by law. During
the rental term, exclusively the Customer is the holder of the drone.

Exclusively the Customer is liable for damages arising from a failure to observe the legal
regulations and for any improper use of the drone.

The Customer shall indemnify Grover from all claims brought by third parties against it
due to the use of the rented drone, except the Customer has no fault for the creation of
the claims.

12.2 Special rule for contracts for e-scooters:

For the use and operation of e-scooters, the applicable legal regulations must be
observed during the use and participation of e-scooters in public road traffic, in addition
to the manufacturer’s operating instructions.

12.2.1 Conditions to be met by the Customer

The Customer

● must be at least 18 years of age or of legal age;

● have experience or minimum skills driving e-scooters;
● be familiar with the operation and safe use of e-scooters; and
● have appropriate physical and mental fitness for driving an e-scooter;
● have knowledge of road traffic regulations of the city and the rules as well
as local, municipal and state laws regarding the use and driving the
e-scooter.

12.2.2 Customer’s duties

You have to ensure that You

● Drive and use the e-scooters exclusively in public road traffic in Germany;
● Obtain detailed information on the use of the e-scooter in compliance with
the legal regulations prior to using the e-scooter;
● Have sufficient liability insurance cover for the use of the e-scooter
pursuant to the applicable regulations and always carry the insurance
certificate of the​automobile liability insurance provided by Grover with You
whenever You use the e-scooter. For the rental of an e-scooter, Grover will
conclude a motor vehicle liability insurance policy as the insurance holder
on Your behalf. The insurance certificate will be provided to You in the
handover of the e-scooter. In case the license plate is not yet attached on
the e-scooter or you were provided with a new license plate, You have to
attach the license plate on the e-scooter, You are not permitted to drive the
e-scooter without a valid license plate attached to it. Every year - by the
end of February - you will receive a new license plate with your insurance to
your address available in your customer account; In case you are entitled to
purchase the e-scooter and you purchase it, the insurance will end on the
day your rental ends and from this time on you are obligated to insure the
e-scooter yourself;
 ● You have familiarised in depth with the e-scooter before You use the
e-scooter;
● Inspect the e-scooter regularly before use;
● Apply the required care in traffic during use;
● Drive the e-scooter only on permitted routes and within reason;
● Use protectors when using the e-scooter to ensure Your safety;
● Always adjust the e-scooter correctly (height of the steering rod, tightened
screws, etc.);
● Always drive in a circumspect and reasonable manner to prevent any
danger to Yourself and others.

You must not use the e-scooter for jumps or dangerous tricks.
You should avoid driving at night. If You drive at night, You are required pursuant to Sec.
17 StVO [German Road Traffic Regulations] to switch on the lights.

In case of very bad road conditions, You should drive slowly or get off and push the
e-scooter if necessary.

You must not drive the e-scooter if the road is slippery.

You should avoid driving on rainy days. If You should drive in rain, it is urgently required
that You close the rubber cap tightly on the charging socket. You should consider that
roads that are wet from rain can be very slippery and that they pose an additional
accident hazard.

You must not leave the e-scooter in the rain or park it in permanently wet places.

Whenever the e-scooter is not being charged at the moment, You should always ensure
that the rubber cap closes the charging socket. This ensures tightness.

The e-scooter must not be used in outdoor temperatures below -5°C and above 45°C.
You should inspect Your e-scooter thoroughly every three months and lubricate joints or
tighten screws if necessary.

The e-scooter may be driven only with a maximum load of 100 kg and a maximum speed
of 20 km/h.

You must not transport any objects, which prevent You from driving the e-scooter safely.

Exclusively You are liable for damages arising from a failure to observe the legal
regulations and for any improper use of the e-scooter.

The renting of several e-scooters at any one time by one Customer is not permitted
without Grover’s explicit approval.

In the event that several e-scooters are rented at the same time, the Customer’s
responsibility for each e-scooter will be expanded in accordance with these General
Terms and Conditions to the Customer for each e-scooter, to the consequence that the
Customer will not only be responsible for its own but also the actions of other drivers.

You accept and recognise that:

● Operating and driving an e-scooter in the city presents a risk for You
personally, as there is the risk of an accident. You are therefore obligated to
apply the warranted care during the drive on the e-scooter.
● You are responsible on Your own to purchase and use a helmet and/or other
permissible protective and safety equipment or accessories. The use of a
helmet and/or other protective equipment does not preclude the risk of
injury in the case of an accident.
● You are responsible for damages that You cause other people by the use or
possession of the e-scooter.
You must not leave or loan the e-scooter to third parties. If You have given or loaned the
e-scooter to a third party, a damage or incident caused by or due to the e-scooter will be
Your responsibility.
The e-scooter is powered by electricity. Never more than one person may drive at any
one time.

You must not transport further persons on the e-scooter.

You may not use the e-scooter under the influence of alcohol, drugs or other substances,
which can inhibit Your ability to drive and operate the e-scooter.

During the use of the e-scooter, You must not use any mobile devices including any
electronic devices used to play music, make calls or use other services distracting You or
interfering in a safe handling of the e-scooter.

You may not use the e-scooter if it has an obvious technical defect.

You may not modify or alter the e-scooter in any way.

You must not paste any stickers or other elements onto the e-scooter nor remove or
break any accessories, parts or components of the e-scooter.

You must not commit any criminal offences with the e-scooter.

You should park the e-scooter in permissible areas.

If the e-scooter is removed by the competent authorities because it was parked in an

impermissible area and impounded in the relevant vehicle impound lot, the Customer will
also bear the costs for collecting the e-scooter besides the relevant fine.

12.2.3 Accidents
In the event that You are involved in an accident, You should contact the police and inform
Grover as soon as possible about the accident and the damages caused on the e-scooter.
In the event of an accident caused by You, You will assume the legal responsibility for any
personal injuries and property damages caused by the accident, in particular also for
damages caused to third parties. Grover is entitled to invoice the costs to You for the
repair or repurchase of the e-scooter and any sums paid to third parties, which have been
caused by You, and to charge them along with unsettled receivables.

12.2.4 Theft

If the e-scooter or one of its accessory parts or components is stolen during the rental
term, You have to inform Grover immediately in writing. You have to file a corresponding
report with the competent authorities and the relevant insurer and file criminal charges,
respectively.

A copy of the criminal charges shall be sent to Us within 24 hours after they are filed.

12.2.5 Fines, penalties and sanctions

The Customer is liable for violations of the law, in particular traffic and administrative
offenses during the period of use and in connection with the parking of the vehicle. The
Customer is obliged to indemnify Grover against all fines and warnings, fees, costs and
other expenses that are levied against Grover by the authorities or courts or other third
parties as a result of the aforementioned violations.

For defending its interests, Grover reserves the right to identify the Customer to the
authorities or the public administration if a violation of road regulations has been
committed (e.g. traffic violation).

Grover can demand the costs from the Customer, which result from violations committed
by it, including fines, penalties and the legal fees assumed by Grover. We charge a
processing fee of € 60 for administrative offences.
Failure or refusal to pay the amounts owed by the Customer and named under Section
12.2.5 gives Us the right of extraordinary termination. We reserve bringing further claims
in court for any damages and losses caused.

12.3 Special regulations for contracts for e-bikes:

When using and operating bicycles with electric motor assistance, which are subject to
Sec. 1 (3) sentence 1 StVG [Road Traffic Act] (hereinafter referred to as “e-bikes”), the
legal provisions applicable to the use and participation of e-bikes in public traffic must be
complied with, as must the operating instructions of the manufacturer.
12.3.1 Requirements for the customer

The customer should

● be at least 18 years old,
● be familiar with the operation and safe use of e-bikes,
● have adequate physical and mental fitness for riding the e-bike, and
● have knowledge of the applicable laws and regulations, especially the
applicable traffic regulations; the e-bikes rented by Grover are considered
bicycles under traffic law, and customers must be familiar with and observe
the traffic regulations applicable to cyclists in particular.

12.3.2 Duties and obligations of the customer

You must ensure that you

● ride and use the e-bike exclusively in the country in which the Rental
Agreement was concluded or the Rental Item was delivered;
● inquire in detail about the legal regulations concerning the use of e-bikes
before using them;
● comply with all applicable legal requirements;
● have private liability insurance that covers the use of e-bikes;
● familiarize yourself with the e-bike before use, check it regularly and adjust
it to your needs (saddle, handlebars, etc.);
 ● unlink the e-bike from the e-bike brand app before returning the e-bike to
Grover. If not, you will bear the costs incurred in the process to unlock it
(including any additional fines) in accordance with Section 5.5.

When using the e-bike, you must not exceed the maximum weight (rider including
transported objects) specified by the manufacturer (e.g. in the user manual).

You may only use the e-bike at the outside temperatures approved by the manufacturer
(e.g. in the operating instructions).

You must exercise the care, consideration and foresight required in road traffic when
using the e-bike; you must not endanger yourself or other road users.

You may not use the e-bike if a technical defect is apparent.

You may not park the e-bike in places and locations where parking is not permitted. If you
violate this obligation and the e-bike is therefore removed by or on behalf of an authority
or authorized private person, you will bear the costs incurred in the process and for the
retrieval (including any fines).

Regarding the bike lock, you have the following options:

● have a lock and use it
● rent a lock from us and use it
● purchase a lock and use it

You must always lock the e-bike securely (by connecting it to another object firmly
attached to the ground, if possible).

You should not park the e-bike in the rain or in a damp place.
If you park the e-bike for more than a short time, you must ensure that the e-bike and the
more sensitive components, like the battery, are stored in a safe and moderately
temperate place.

You must always store the battery on a fireproof surface.

When charging the e-bike, you must follow the manufacturer’s instructions. You must first
bring batteries to room temperature before starting the charging process. You must
supervise the charging process and charge the battery only with the manufacturer’s
charger. If the battery is damaged or dropped, do not charge it.

You must always close the charging socket tightly with the rubber cap outside of the
charging process.

You are forbidden to

● make any changes to the e-bike or manipulate its software or electronics;
this applies in particular to changes that may result in the e-bike no longer
being considered a bicycle, Sec. 1 (3) StVG, but rather a motor vehicle, Sec.
1 (2) StVG (e.g. changes that make it possible to reach speeds higher than
25 km/h with electrical assistance); such changes may result in criminal
liability (e.g. under Sec. 21 StVG – driving without a licence, or Sec. 6 PflVG
– violation of the insurance obligation);
● make any permanent cosmetic changes to the e-bike (e.g. attaching
stickers) or remove parts, components and accessories, unless authorized
by Grover in writing;
● use the e-bike when you are under the influence of alcohol or other
intoxicants that could affect your ability to safely operate the e-bike;
● pass the e-bike on to third parties or allow them to use it; if third parties use
the e-bike with your knowledge and consent, and if damage to property or
personal injury (including to the e-bike) occurs as a result of this use, you
shall be responsible for it;
 ● use the e-bike to transport additional people, excluding children under the
age of seven on a safe child seat, which is allowed according to Sec. 21 (3)
StVO;
● use the e-bike to transport objects if this could negatively affect your ability
to safely operate the e-bike;
● use the e-bike in the commission of criminal offences or misdemeanours;
● participate in any kind of race or competition.

We recommend that you

● wear appropriate protective clothing (especially a helmet); if you do not
wear a helmet and an accident occurs, not only are you at risk of suffering
more serious injuries, but there is also the possibility that your claims for
damages will be reduced because the failure to wear a helmet will be
charged to you as contributory negligence;
● not use the e-bike in bad road and weather conditions that may endanger
safety;
● not use the e-bike on slippery roads;
● use the e-bike for night riding in accordance with the applicable laws and
regulations, in particular the applicable road traffic regulations.

You have acknowledged and confirmed

● that the e-bike poses greater risks than ordinary bicycles due to its
increased weight and motor-assisted acceleration;
● that the battery used in the e-bike might catch fire;
● that you are solely responsible for any damage caused by improper use of
the e-bike or failure to comply with the duties and obligations set forth
herein and, in particular, the provisions of the law;
● that Grover assumes no responsibility for the theft or loss of the e-bike, its
components or accessories, and will not provide a replacement (or
reimbursement of costs) in such cases.

12.3.3 Damage and accidents

In the event of an accident or damage to the e-bike, its components or accessories, you
must inform Grover as soon as possible (usually within 24 hours of occurrence or
knowledge) in keeping with your duty of notification. In the event of damage, you must
reach out to the brand’s local network of repair partners. You are responsible for the
payment and will be reimbursed in accordance with Grover’s damages and loss terms
(Section 12). If the repair cost is higher than € 100, you need written authorization from
Grover. You are responsible for damages that occur due to a culpable breach of the duty
of notification. If you are involved in an accident, you should contact the police.

In the event of an accident caused by you, you assume the legal responsibility for any
personal injury and property damage resulting from the accident, including damage
caused to third parties in particular. Grover is then entitled to charge you for the costs of
repair or replacement of the e-bike and, if necessary, to offset them against outstanding
claims.

In case of warranty issues, the brand will be responsible for the repair/replacement of the
defective part. In any circumstance, the frame of the e-bike shall be changed/replaced,
the customer must notify Grover and return the unfit vehicle. Grover will then provide the
replacement vehicle to the customer.

12.3.4 Theft and loss

If the e-bike, its components or accessories are lost or stolen during the rental period, you
must inform Grover immediately in writing (usually within 24 hours of becoming aware of
the loss or theft). Grover is not obliged to provide compensation for loss or theft. You
must report the theft to the appropriate authority and provide Grover with a copy of the
report within 24 hours of posting. In case of loss of e-bikes, an additional 199 EUR will be
charged, independently from the Grover Care coverage.

12.3.5 Fines, penalties and sanctions

As the customer, you are solely responsible for any violations of road traffic regulations
and other relevant provisions committed by you in connection with the use of the e-bike.
You are responsible for all resulting fines, sanctions and penalties.
Grover reserves the right to identify you to the authorities in order to defend its interests.

12.4. Grover Cash Program Terms

Grover Cash is a virtual credit that can be used to pay for Grover subscriptions for Rental
Items in accordance with these Grover Cash Program Terms as set forth in Section 12.4.
(“Grover Cash Program Terms”). Grover Cash is calculated in EUR (e.g. users can earn
EUR 10 in Grover Cash and spend these EUR 10 on subscriptions).

Grover Cash can be earned by Successful Referrals to new Grover customers (see
Section 12.4.1.).

12.4.1. Earning Grover Cash through Successful Referrals

Customers who have an account with Grover (“Existing Customers”) can earn Grover
Cash by successfully referring Grover to natural persons who currently do not have and
have not had in the past a subscription with Grover (“New Customers”) in accordance
with the following second and third paragraphs of this Section. New Customers will
receive Grover Cash through such referrals in accordance with the fifth paragraph of this
Section.

Existing Customers earn credits stipulated in Section 1.1 of the Grover Cash Program
Schedule in Grover Cash (“Referral Credits”) for each Successful Referral. A Successful
Referral requires that (i) the Existing Customer sends a personalized link to a New
Customer (ii) the New Customer uses the link to conclude an agreement with Grover on
the subscription of a Grover product (which may require data checks and credit checks of
the New Customer upon Grover’s discretion in accordance with the GTC) and (iii) the New
Customer pays the first subscription rate. The Referral Credits will be credited towards
the Existing Customer’s Grover Cash balance 14 (fourteen) days after the delivery of the
Grover product to the New Customer.
Prior to sending the personalized referral link as mentioned above, the Existing Customer
shall ensure that the respective recipient consents to the receipt of the referral.
Otherwise, the Existing Customer shall be liable to Grover for any claims brought forward
by the recipient against Grover due to unsolicited contacting. The Existing Customer shall
support Grover in the legal defence against such claims. The Existing Customer shall fully
indemnify Grover against all such claims unless the Existing Customer proves that he is
not responsible for such unsolicited contacting.

Existing Customers shall not (i) send referrals in the form of mass mailing, (ii) send
referrals to strangers or (iii) send referrals in any (other) form that violates applicable law,
in particular in the form of "spam". Existing Customers shall not make referrals for
commercial purposes.

Upon completion of a Successful Referral, the New Customer equally receives the
Referral Credits stipulated in Section 1.1 of the Grover Cash Program Schedule.

In total, each Existing Customer can make a maximum of Successful Referrals, earning a
maximum of Referral Credits stipulated in Section 1.2 of the Grover Cash Program
Schedule in the course.

The specific terms in relation to Referral Credits, in particular their value and the
maximum amount that an Existing Customer can earn, are set forth in the Grover Cash
Program Schedule and may change from time to time. The changed terms will then be set
forth in an updated version of Grover Cash Program Schedule.

The value of Grover Cash in the form of Referral Credits which an Existing Customer can
earn with a Successful Referral, is determined at the time the Existing Customer has sent
an invitation – the personalized link – to a possible New Customer, and can be found in
the Grover Cash Program Schedule which is applicable at the time the invitation was sent.

Customers can view their current balance of Grover Cash via www.grover.com (“website”)
and in the Grover App.
12.4.2. Spending Grover Cash

Grover Cash can be used only for the purposes expressly specified in this Section 12.4.

Grover Cash is not automatically redeemed. Users decide when and in what amount they
use Grover Cash. They can redeem it for their existing subscriptions, if earned through
referrals, both via www.grover.com (“website”) and in the Grover App.

Users can redeem Grover Cash to discount existing subscriptions with Grover as follows;

a. Grover Cash can be spent only on existing subscriptions, i.e. not on the first rate of a
new subscription.

b. Users can select the (existing) subscription to which the Grover Cash shall be applied.

c. Users can spend between EUR 1 and the maximum monthly redemption amount in
Grover Cash (“maximum monthly redemption amount”) per subscription, stipulated in the
Grover Cash Program Schedule. Customers can choose the amount in steps of EUR 0,01.

d. The spending of Grover Cash will reduce the upcoming monthly subscription fee of the
selected subscription.

e. Users can repeatedly redeem Grover Cash for future subscription fees as long as the
total amount does not exceed the maximum monthly redemption amount in Grover Cash
per month per subscription. There is no limit on the number of subscriptions that users
may spend Grover Cash on. There is no limit on the total of Grover Cash that users may
spend over various subscriptions and/or months, except for the maximum monthly
redemption amount.

Grover Cash is personal and can only be used by the customer who has earned it. Grover
Cash is not transferable to third parties. The sale, exchange, offering for auction or any
other transfer of Grover Cash to a third party is prohibited. Negotiating for the purchase
or sale of Grover Cash, the purchase of Grover Cash from Users or a third party, and the
unauthorized use of Grover Cash are also prohibited.

Grover Cash cannot be applied towards purchases of products from Grover.

12.4.3. Expiry of Grover Cash (Lost without Spending)

Grover Cash will expire after 36 (thirty-six) months after earning the respective Grover
Cash to the end of a quarter. The user will be notified at least 3 (three) months prior to
expiry of Grover Cash.

12.4.4. Discontinuation, Termination, Changes to the Grover Cash Program

Grover reserves the right to discontinue the Grover Cash program at any time without
providing reasons subject to 4 (four) weeks’ notice by e-mail or other communication
channels.

Grover can temporarily limit or suspend the Grover Cash program entirely or for individual
customers and/or temporarily limit or suspend a customer’s access to their account to
prevent improper use, abuse or in the event of malfunctions or other irregularities or a
customer does not comply with the Grover Cash Program Terms. Grover will limit the
suspension or limitation in time and scope as reasonably possible under the
circumstances. Grover will notify the relevant customers of the limitation or suspension
without undue delay.

Grover reserves the right to make any changes or additions to these Grover Cash
Program Terms, providing this does not discriminate against the customers in bad faith.
Changes or additions to the earning of Grover Cash, the spending of Grover Cash or other
processes for Grover Cash will be notified to the Grover Cash users by e-mail or other
communication channels.

12.5. Digital Products

In case you are purchasing Digital Products from us the following terms will also apply:

You are being granted a limited license through your purchase. Your license to each
Digital Product is subject to your prior acceptance of a custom end user license
agreement (“EULA”) between you and the Digital Product provider (the “Licensor”). Your
license to any Digital Product is granted by the Licensor of that Digital Product. The
Licensor reserves all rights in and to the Digital Products not expressly granted to you.

Scope of License: Except as provided in the applicable EULA, you may not distribute or
make the Digital Products available over a network where it could be used by multiple
devices at the same time. You may not transfer, redistribute or sublicense the Digital
Products, including the product key or code that you receive to purchase the Digital Item
license.

Except as permitted in the EULA, you may not

(A) copy, reverse-engineer, disassemble, decompile, attempt to derive the source code
of, modify, or create derivative works of the Digital Products, any updates, or any part
thereof, including product keys;

(B) take any action contrary to the EULA;

(C) copy or otherwise reproduce any product, product component or materials;

(D) modify, alter, tamper with or reduce the content of any Digital Products, Digital
Product component or materials in any way; or

(E) introduce any computer virus or other illicit code in any Digital Product, materials or
vendor system.

In addition, you may not link or bundle the sale of any Digital Product or component
thereof with any unauthorized third-party product that creates a likelihood of confusion
as to the source or origin of the Digital Products, without prior written approval from
Grover.
Grover will additionally collect metadata about your purchase of the Digital Item in
accordance with its privacy policy.

12.6 Custom Purchase Price

Customers may qualify to purchase the Rental Item after the minimum rental period. The
respective purchase price will be specified when you want to make the purchase
because it depends on individual factors, such as the model, initial purchase price and the
Residual Value of the device (“Custom Purchase Price”).

For more information on the Custom Purchase Price, please contact Customer Service
directly, who will send you relevant details and an offer.

The purchased Rental Item will remain Grover’s property up to and until the complete
payment of the purchase price. You are obligated to keep it exempt from the rights of
third parties until the complete payment of the purchase price.

Should you wish to withdraw from your purchase, your obligations of withdrawal are set
forth in Section 6. If you withdraw you are obligated to send back to us the Rental Item in
accordance with Section 6.

13. Warranty, liability

The legal warranty regulations apply, unless determined otherwise hereinbelow.

In case of defects on the Rental Item, Grover is entitled to repair the Rental Item or
provide an equivalent item to You as replacement.
For Tech-Accessories, your warranty claims are governed by the statutory provisions.
Grover is not liable for warranty promises of manufacturers.
For Digital Products any warranty by Grover will be excluded for defects or damage that
occur by you as a result of your incorrect or negligent handling or your failure to follow
Grover’s instructions.

The warranty period for the purchased Rental Item will be one year as of the purchase
date (the exercise of the Custom Purchase Price).

14. Grover’s liability

Grover shall be liable for damages without limitation if the cause of the damage is based
on an intentional or gross negligent breach of duty by Grover, a legal representative or
vicarious agent. Grover shall be liable for negligent conduct only if a duty is breached the
fulfilment of which is essential for reaching the purpose of the contract and the fulfilment
of which the contractual partner regularly relies and may regularly rely on (cardinal duty),
if Grover could have expected the damages that have been caused as being typical given
the circumstances present at the signing of the contract. For the rest, Grover’s liability
shall be excluded also as regards vicarious agents and assistants.

The liability for the compensation of default damages shall be limited to the predictable,
typically occurring damages as at the time of the signing of the contract. This liability
limitation shall not apply in the event of intent or a gross negligent breach of duty.

The foregoing liability limitations shall not apply to damage compensation claims arising
from injury to life, body or health, granting a guarantee of properties and condition, or
fraudulent concealment of defects by Grover.

Liability pursuant to the Product Liability Act remains unaffected. Any statutory privileged
position as to liability in our favour, e.g. pursuant to Sec. 7 to Sec. 10 TMG [German
Telemedia Act] remains unaffected.

15. Indemnification from liability

The Customer shall indemnify Grover from all claims brought by third parties against
Grover for improper use contrary to the contract or any illegal use of the Products , unless
these are outside of its responsibility. In the event of an indemnification pursuant to
clause 1, the Customer shall compensate Grover for all damages, which Grover has
incurred due to the improper use contrary to the contract or any illegal use including any
costs for the legal defence. The Customer shall inform Grover directly if third parties claim
improper use contrary to the contract or any illegal use of the Rental Item and support
Grover in the legal defence.

16. Use of the Platform

We expressly point out that the use of the Platform bears risks. This relates in particular
to risks caused by mailing malware, spam (unsolicited mailing of advertising emails), theft
of passwords, electronic trespassing and manipulation, hacking and other forms of
unauthorised disclosure of the data of customers, harassment and forgeries. Grover will
employ all appropriate efforts to minimise these risks. This shall not establish a duty to
assume liabilities. Your use of the Platform is at your own risk to this end. Maintenance
work, retrofitting or upgrades, errors or “bugs”, as well as other causes or circumstances
can result in interruptions or faults in the operation of the Platform. Grover shall rectify
any technical failures without delay within the scope of the technical possibilities.

17. Prohibition of assignment, transfer for use,

pledging
Claims or rights of the Customer against Grover may not be assigned or pledged without
Grover’s agreement, unless the Customer has a justified interest in the assignment or
pledging.

During the rental term, You may not transfer the Rental Item for use to any third party
without our prior written agreement and, in particular, You may not sell, give away, rent or
loan it. This shall not apply to the use free of charge by persons who are members of the
Customer’s household or employees of the Customer, insofar as this is legally permitted.
You are obligated to keep the Rental Item exempt from the rights of third parties for the
rental term.

During the term of the Rental Agreement, no Rental Item in Your possession may be
leased, encumbered by a lien or otherwise made the object of a transaction.

18. Data protection

Please take notice of our Data Privacy Policy​.

19. Online dispute resolution and consumer

mediation office
If the Customer is a consumer, the following information applies: The European
Commission offers a platform for online dispute resolution, which can be accessed at
http://ec.europa.eu/consumers/odr​/.

Grover is neither willing nor obligated to participate in a dispute resolution procedure

conducted by a consumer mediation office.

20. Customer service

If You want to reach our customer service, You can send an email to
[email protected] or a message directly to us by clicking on the Chat button on the
bottom right on grover.com.

21. Changes

We have the right at any time to make changes to these General Terms and Conditions
(“GTC”), provided that the changes do not relate to this Section 21 or primary
performance obligations or the fee for the primary performance and the changes do not
amount to the conclusion of a new contract nor relate to the adjustment of fees, which
aims at a payment beyond the fee agreed for the primary performance. You will be
notified of the changed terms in text form at least six weeks before their effective date.
The changes will be deemed approved if You do not object to them within six weeks from
receipt of the notification. Grover will inform separately of the possibility to object and to
the observation of the deadline. If You exercise the right to object, the changes will not
become a part of the contract and the contract will be continued without changes. In
case the Customer objects to the changed General Terms and Conditions within the time
limit, Grover shall have the right in consideration of the Customer’s legitimate interests to
terminate the contract existing with the Customer on the date on which the change takes
effect. Corresponding contents of the Customer will then be deleted from the database.
The Customer cannot derive any claims against Grover from this.

22. Applicable law

The contractual relationship existing between Grover and the Customer is governed by
the law of the Federal Republic of Germany. The application of the UN Convention on
Contracts for the International Sale of Goods is excluded. If the Customer is a consumer,
the choice of law shall not entail that he/she will be deprived of the protection, which is
granted to him/her pursuant to the mandatory legal regulations on consumer protection,
which applies at the place of his/her habitual abode. The choice of law also does not
mean that he/she must enforce his/her right in a foreign court.

23. Final provisions

If individual provisions of the GTC should be invalid, this shall not affect the validity of the
GTC in the remaining part. Grover is permitted to transfer the rights and obligations under
the contract with the Customer in full or in part to another company. In the event of
contract assumptions by a third-party company, the Customer shall receive a notification
from Grover about the assumption of the contract, which shall also state a deadline within
which the Customer may terminate the contract and demand the deletion of the customer
account if the Customer does not agree with the transfer to the third-party company.