Terms of Use of the GoSwap Platform

Last updated: 25/02/2025

Please visit the GoSwap.ma website or download the "GoSwap.ma" app. Please read these specific and general terms of use (the "Terms of Use", or the "Terms") carefully before using this website, the application and the content (collectively, the "Service"). The Terms of Use set forth the legally binding terms and conditions of use of the Service and Content provided by Comobiel sarl, its affiliates and/or subsidiaries and/or authorized delegates (Either "Comobiel" or "GoSwap" or "the Company" depending on the context). WHEN YOU USE THE SERVICE, YOU ACKNOWLEDGE THAT YOU UNCONDITIONALLY AGREE TO THESE TERMS OF USE. IF YOU DO NOT AGREE, DO NOT USE THE SERVICE. 

FURTHERMORE, WE DRAW YOUR ATTENTION TO ARTICLE 5 OF THE GENERAL TERMS OF USE BELOW REGARDING THE PROTECTION OF YOUR PERSONAL DATA.

A. Special Terms and Conditions of Use

1. Preliminary definitions

"Battery" means exclusively the batteries installed in Comobiel's "swap stations" intended for the automated swap process in the "GoSwap" circuit, the "batteries" being the exclusive property of the "Company", which the User formally acknowledges

"Scooter" means exclusively an individually identified motorcycle owned or lawfully owned by the user, suitable for the automated battery swap process and approved by Comobiel 

"Mileage" or "distance" or "distance travelled" means exclusively the distance calculated and/or recorded by the "Swapping Platform". The user acknowledges that no other system for calculating or recording the mileage travelled (GPS, pedometer or other) can be invoked against Comobiel.

"Availability Territory" or "Territory" means the geographic area (generally the urban perimeter of a particular city) sufficiently defined by the existence of "Swap Stations" as shown in the maps of the Swapping Application

 "Swap Station", or "Swapping Station", or "Station", or "Swapping Dock", or "Dock", or "Swapping Cabinet", or "Cabinet", means equipment that automatically receives partially or totally discharged batteries to be swapped by Users and allows their automated recharging

"Application" means the interface available and downloadable on the User's "Smartphone" in the appropriate site(s) ("App-Stores"), allowing the User to manage his relationship with Comobiel in its operational aspects (account opening, payments, balance monitoring, etc.).

"Platform", or "Swapping Platform", means all equipment ("Hardware") and applications ("Software") enabling the automated swap of batteries (the "Service")

2. Nature of the Service marketed

The service marketed by Comobiel consists of the provision to the User who registers on the "Platform" in accordance with these specific conditions and the general terms and conditions below, of a "battery" adapted to his Scooter, and the right to swap during the opening hours of the swap stations the battery in his possession, partially or completely discharged (without the charge falling below 5%) for a partially charged battery or completely, without limitation, in the network of Swap Stations scattered throughout the "territory" and visible on the GoSwap Application, which they will have previously loaded on their smartphone.

This service is provided to the User in return for a payment made to "Comobiel", the service and the corresponding payment being specifically and sufficiently defined in the "Commercial Proposals" offered by Comobiel in different forms, at different times and under different conditions, to which the User declares to adhere without reservation. 

In this regard, the User already acknowledges the right of Comobiel to cancel at any time one or more of the "commercial proposals" for which it had opted, without being able to take action against Comobiel in any way whatsoever. The only option allowed to the User is to opt for one of the "commercial proposals" in force after the cancellation, or to withdraw from the service at the end of their contract.

 

3. Special obligations, prohibitions and responsibilities of the User

The user is financially responsible to Comobiel for the protection of the battery in its possession against damage, not due to normal wear and tear of the battery, loss or theft. The compensatory compensation due by the User in the event of damage, loss or theft of the battery in his possession is equal to the public price including VAT of a new, identical or equivalent battery. 

If the damage, loss or theft is covered by the User's insurance, the User acknowledges that Comobiel has the right to substitution in favour of Comobiel, and undertakes to make such substitution, for any compensatory compensation. The User remains liable to Comobiel for any difference, if any, between the retail price of the new battery and the compensatory compensation obtained from the User's Insurance. Comobiel may, at its sole discretion, require the User to pay Comobiel the full amount of the compensatory indemnity, and leaves it to the User to obtain the indemnity to be paid by its Insurance directly for itself.

It is strictly forbidden for the User to modify the technical or physical characteristics of the battery (including its inscriptions and other drawings)

It is strictly forbidden for the User to attempt to force the insertion of the battery in his possession into a swapping equipment (cabinet, dock, etc.) for any reason whatsoever, and in particular if the battery has been physically damaged. In this case of impossibility of insertion, the User has no other recourse than to notify Comobiel by any means.

Any modification made to the battery, of any nature whatsoever, any modification made to the scooter resulting in a non-compliance of its characteristics with its legally approved characteristics for use on Moroccan territory, will result in the prohibition of access to the service, the obligation to return the battery without delay to Comobiel, without prejudice to the damages that Comobiel may claim from the User.

Depending on the circumstances, Comobiel may ask users to provide any guarantees to cover the risks associated with the possession and use of a battery belonging to the company, whether it is payments related to the use of the battery, damage, loss or theft of the battery, in various forms that it deems able to cover these risks: Security deposit, bank guarantee, promissory note, delegation of insurance indemnity, etc.

 

4. Miscellaneous provisions

Comobiel is required to set up various commercial proposals for the benefit of its users. By way of example, without this list being exhaustive or limiting: subscription and payment by the month, over several months, by the year, on the basis of the "swaps" used, or the mileage recorded, one-off promotions, etc., a mix of these provisions, etc. The user acknowledges that Comobiel has the right to withdraw, on its sole initiative, any of the commercial formulas for the use of the service without notice, and without any possible recourse or consequence against the company other than the termination of the service in favour of the user, in return for a balance of all accounts, including the return of the battery in its possession. The user retains the possibility of continuing to benefit from the service offered by Comobiel, only within the framework of the commercial offers still valid following the withdrawal of the previous offers.

The user acknowledges that Comobiel has the right to block the use of the battery and/or scooter in its possession, without recourse or prejudice to Comobiel, in the event of default in payment or non-return of the battery in the event of unilateral termination of the contractual relationship between the Parties, at the initiative of either party.

In anticipation of a cessation of use of the Service by the User for a period of more than 30 days, or following a lack of use of the Service for more than 30 days after the expiry of the last payment made by the User, the User must return the Battery in its possession to Comobiel within a maximum period of 3 days. Notwithstanding any other operational provision allowing Comobiel to stop providing the service, and in the event of failure to return the Battery within this period, the User acknowledges that Comobiel has the right to charge the User a "Late Payment Penalty" which the User must pay before being able to enjoy the Service again.  

The said Late Penalty will be equal to the minimum payable to use the Service, per period of 30 (thirty) days. This minimum is sufficiently documented in the offers to use the service in force at the time of termination.

After returning the Battery and, where applicable, paying the Late Penalties, the user will be able to benefit again from the swapping service offered by the "Company" on the dedicated Application, the company providing a Battery adapted to the Service to the user.

In the event of termination of the contract, the User who has previously returned the Battery and has paid all the fees due to Comobiel, may acquire from the Company a battery – suitable for the Scooter but not suitable for the Service – and its charger in order to allow him to enjoy his Scooter without subscribing to the Comobiel Service. The User already acknowledges that the Scooter may need to undergo modifications, which are at his expense. 

Comobiel cannot be held responsible for the impossibility for the user to swap the battery in his possession for a charged battery if this swap were to take place outside the "territory"

Similarly, Comobiel cannot be held responsible for the absence at certain times of the availability of charged batteries in certain swap stations, this possible unavailability being, except for a momentary technical problem, sufficiently documented in real time in the Application. 

 

B. Terms and Conditions of Use

1- Acceptance of Terms of Use 

These Terms and Conditions apply to all use of the "Platform", including the GoSwap website(s), and any GoSwap application downloaded on any operating system.

Comobiel reserves the right, but has no obligation, to add, modify, revise, or remove portions of the terms of use of the "Platform" from time to time in its sole discretion and without notice. The updated version of the Terms of Use will be effective on the date of posting, unless otherwise specified in these Terms of Use. You should check the Terms of Use periodically for changes. Your continued use of the Service following the posting of such updated version will constitute your agreement and acceptance of the changes. In order for Comobiel to grant you a non-exclusive, freely revocable, non-transferable, personal, limited privilege to access and use the Service and Content, you must comply with the Terms of Use at all times.

You are permitted to use the Service and the Content only for the purposes expressly stated on the Service and in the Terms of Use. You must not (i) post any pornographic, suggestive, violent, discriminatory, derogatory, defamatory, hateful content in connection with or infringing on the "Service"; (ii) select, solicit or otherwise collect identifiers from other users, or misuse their own identifiers; (iii) verify or test the vulnerability of the Service or any network connected to the Service, or breach the security or authentication measures of the Service or any network connected to the Service; (iv) use the Service for any illegal or unauthorized purpose; (v) give any warranties with respect to such content; (vi) violate the intellectual property rights, privacy rights, laws, or contracts of Comobiel or any third party; (vii) improperly interfere with the servers of this Service; and (viii) take any action that prevents Comobiel from operating or permitting the use of the Service.

 

2- Eligibility

If you are a person who does not have full civil capacity, you must, together with your legal guardian, review these Terms of Use of the "service", before creating a Personal Account, under the civil responsibility of your legal guardian. 

The opening of a Personal Account allowing access to the "service" constitutes full and complete adherence, without any reservation, to these Terms of Use. It grants you a personal, non-transferable, and revocable right to access the Service or the Content.

You are solely responsible for ensuring that the Terms of Use comply with all laws, rules and regulations applicable to you. Your right to access the Service or Content will revoke if your use of the Service or Content is prohibited by or in conflict with any law, rule, or regulation applicable to you. 

3- Content

"Content" in the Terms of Use includes, but is not limited to, text, user interfaces, information, data, photographs, videos, audio clips, software, scripts, graphics and interactive features generated, visual interfaces, trademarks, logos, sounds, music, artwork, computer code, design, the structure, expression, appearance and arrangement of the Content displayed on or through the Service, or that is downloaded through the Application for use on, for or with any GoSwap product. The Content is owned, owned, controlled or licensed by or for the sole benefit of Comobiel, and is protected by laws, rules and regulations relating to trade dress, copyright, patent, trademark, right of publicity, various other proprietary rights, whenever such laws, rules and regulations apply thereto.

Comobiel reserves the right, but has no obligation, to add, modify, revise or remove, restrict or block access to all or any part of the Service or Content, whenever it deems necessary, and without notice. When using the Content, and you have not obtained Comobiel's prior written approval, you will not (i) remove any indication from any copy of the Content; (ii) use the information only for personal, non-commercial informational purposes and will not copy or display such Content on any networked computer or disseminate such Content in any media; (iii) make no changes to it; (iv) make no representations or warranties with respect to such Content.

 

4- Personal account and password

For the purposes of using the Service or the Content, you will be asked to provide the most up-to-date, complete and accurate personal information necessary for the use of the Service so that Comobiel can register it on its Platform in an account exclusively for your personal use, including, but not limited to, creating your personal login and setting your password, or choosing to log in to your existing account established on a third-party website, for example, Facebook or Google+ (the "Personal Account"), and to accept the Terms of Use and Privacy Policy of the Platform.

You must ensure that the personal information you provide is updated and correct at all times and notify Comobiel of any changes. You understand and agree that if you are unable to receive information updates from Comobiel (including updates to these Terms of Use) or you are unable to use Comobiel's website, or access the Applications due to inaccuracies or incomplete personal information you provide, You will be solely responsible for all damages caused by or related to any such inaccuracies.

When you purchase products or services or log in to an event through the App or Content, unless otherwise specified on the App or Content, you must log in with your Personal ID and password to access your Personal Account in order to complete any transaction or other activity.

You agree that you will never disclose any information relating to your Personal Account and that you will always maintain the secrecy and security of your Personal Account, including, without limitation, the Personal ID and password, to any third party and that you will take all steps to do so. You acknowledge that you are solely responsible for all consequences related to your use of the Service or the Content through your Personal Account.

In the event of any unauthorized use or breach of security of the system, you must immediately notify Comobiel by any other means. However, Comobiel will not be liable in any way for any loss incurred by such unauthorized use of your personal account.

If Comobiel, in its sole discretion, has serious reason to believe that you have engaged in (i) illegal or fraudulent conduct or (ii) conduct that may violate any provision of these Terms of Use, or the rights it has under the law, then Comobiel also reserves the right to refuse service, terminate or suspend your Personal Account or take any other action, including without limitation, the cancellation of any rights, benefits granted to you by Comobiel or the termination of any contractual relationship between you and Comobiel, without prejudice to any damages it may claim from you.

You also agree to update the vehicle's on-board software ("firmware") in accordance with the procedures established by the Company as soon as possible. Failing this, the Company reserves the right to refuse service, terminate or suspend your Personal Account or take any other action, including without limitation, the cancellation of any rights, benefits granted to you by the Company or the termination of any contractual relationship between you and the Company, and this without prejudice to any damages that it may claim from you.

 

5- Protection of personal data

The information you provide to Comobiel is processed by it solely for the purposes of providing this service and is necessary for the following purposes: (i) account management, (ii) transaction management (order, invoice, delivery, accounting), (iii) customer relationship management (loyalty program, after-sales service, complaint management, satisfaction surveys, potential disputes, commercial prospecting in compliance with applicable legislation, monitoring the use and attendance of the application).

The information retained by Comobiel is only shared with authorized individuals who need to know it. However, Comobiel may disclose some of this information to third parties for the purposes of service continuity it provides, or for collection needs.

In accordance with Law No. 09-08 of February 18, 2009, on the protection of individuals with regard to the processing of personal data, Comobiel ensures in particular that:

(i) ensure that the data is updated and implement processes to allow for the deletion or correction of inaccurate data,

(ii) implement sufficient security measures to protect the data, including when subcontractors will be involved in the processing of the data.

The information collected and processed by Comobiel is that which is transmitted by the User via the forms present on the application for the creation of an Account, this information being necessary for the operation of the service provided by Comobiel for the benefit of the User.

Conformément à la législation en vigueur, vous disposez d’un droit d’accès, de rectification et d’opposition (pour motif légitime) des informations vous concernant. Vous pouvez exercer ce droit en vous adressant à l’adresse suivante : info@GoSwap.ma

By accepting the Terms of Use, you expressly consent to the processing of personal data mentioned above, as well as to the transfer of data to Spain resulting from the hosting of Comobiel's servers with a top-tier provider.

 

6- Invoicing

Comobiel will issue invoices, or receipts, or debit/credit notes on your transactions in accordance with applicable law, and will store such documents on its servers. If you wish to obtain a duplicate of your electronic invoice, you must make a request to the "Company" by any means.

 

7- Electronic Records

You acknowledge and agree that when you purchase goods or subscribe to Comobiel's services, the Company may use electronic communication methods to exchange electronic records with you, including, without limitation, contracts, product warranties, orders, shipping notices, invoices, and other documents created during your use of the service or goods offered by Comobiel. Comobiel is committed to taking all technically and commercially reasonable precautions to protect electronic records from unauthorized access, disclosure, alteration or destruction.

 

8- Account Deletion/Cancellation

You have the right and the possibility to request that Comobiel delete your account from its platform to terminate its use.

Unless otherwise advised and agreed to by Comobiel, your account will not be deleted under the following circumstances: (1) you still have a debit balance with Comobiel and/or its affiliates; (2) there are still valid subscription agreements or services between you and Comobiel and/or its affiliates, and deletion of your account will make it impossible to perform the aforementioned subscription agreements or services; or (3) your use of the Service violated the Terms of Use or any laws or regulations applicable to it.

Comobiel will not be liable for any damages related to your account deletion request and its consequences.

You represent and warrant that prior to the deletion of the Account, you have carefully reviewed the usage history of the Account and confirmed that Comobiel has provided you with products and services in accordance with all agreed upon content. After the deletion of your Account, Comobiel will cease to process and use the personal data and information obtained through your Account except as permitted, if any, by applicable laws and regulations. 

 

9- Third-Party Sites and Links

The Service may contain links to other independent third-party websites or allow you to create links to other websites, services, or resources on the Internet ("Third-Party Sites or Links"). The Third-Party Links are provided solely as a convenience to you and the inclusion of any Third-Party Links does not imply endorsement by Comobiel, or any association with the operators or owners of such third-party sites. Comobiel has no control over the Third Party Links and you acknowledge that Comobiel is not responsible for the content, functions, accuracy, legality, suitability or any other aspect of the Third Party Sites or its content. You also acknowledge that Comobiel is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on the Third Party Links or the contents of its site. 

 

10- Limitation of Liability

Comobiel, its shareholders, directors, employees, agents, do not warrant that the Service or the Content you access will be secure from unauthorized access, free of viruses or harmful or destructive components, or malware. 

Comobiel, its shareholders, directors, employees, agents do not guarantee that your access to this service or the content will provide a specific outcome that meets your requirements. 

Comobiel, its shareholders, directors, employees, agents, do not warrant that the Service or the Content you access is or will continue to be available. Comobiel, its shareholders, directors, employees, agents disclaim any liability for damage or injury arising from any act, omission, failure of performance, error, resulting in interruption or delay in the operation of the service. The sole remedy against Comobiel in this case or in the event of dissatisfaction with the Service or the Content is to stop using the Service or the Content. 

Except as expressly provided by law, in no event shall Comobiel, its shareholders, directors, employees, or agents be liable to you for any direct or indirect damages, including any loss or shortfall of profits, arising out of the use of the Service.

 

11- Dispute Resolution

In the event of a dispute between you and Comobiel arising out of the Terms of Use or your use of or access to the Service or Content, you and Comobiel will attempt in good faith to resolve such dispute. If a solution to such a dispute cannot be found by the two Parties within a first period of sixty (60) days, then the dispute may be submitted by the most diligent Party to the Courts of Casablanca alone. The dispute not submitted to the courts of Casablanca within 60 days of this first period shall be extinguished by operation of law without the need to notify it, this extinction being enforceable against both parties.

 

12- Diverse

These Terms of Use constitute the entire agreement between you and Comobiel regarding your access to and use of the Service and Content, and supersede any prior communications (oral, written, or electronic) between you and Comobiel. 

In the event of any differences in interpretation between this contract in its Fench version and the versions in other languages, only the French language version shall prevail.