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TERMS OF USE

Effective date: September 12th 2025

These are the Terms of Use of Mobility Solutions and Services B.V. (hereinafter referred to as "Hely," or "We") located at Stadsring 115, 3817 AX Amersfoort.

Key elements in our terms:

  • After Approved Registration, you can Use Hely Vehicles. During Registration, you commit to the Terms of Use and thereby also to the Binding Instructions (rules) of Hely and/or the Party (such as the employer) that provides the Vehicles to you.
  • If Hely suspects that the Terms of Use or Binding Instructions are not complied with, Hely may block your Account, charge costs associated with the violation, or inform the Party that facilitates the Vehicles for you to Use. During the Use of the Vehicle, these are the main conditions:

  •  

    • Before, during, and after your Ride, check the Vehicle for damage and contact the Customer Support department in case of new damages.

       

    • Use the Vehicle according to the Regulations, including Applicable laws and regulation.

       

    • If something happens during the Use of a Vehicle, contact Hely immediately via the chat in the App, mail to support@hely.com  or call 085-0012126.

       

    • You are responsible for parking fines and damages that occur during the Ride.

       

    • At the end of the Ride, park the Vehicle at the Hely hub, connect it to the charging cable, lock the Vehicle, and end the Ride in the App. During intermediate stops, always lock the Vehicle. 

       

    • Billing occurs afterward. You are responsible for ensuring sufficient balance in the bank Account specified by Hely for direct debit, unless it is a business Ride and the Vehicle has been provided to you by your employer, then other invoice terms might apply.

 

1. APPLICABILITY AND DEFINITIONS


  1. These Terms of Use Apply to all Services of Hely (including the reservation and Use of Hely Vehicles via the App or the Platform) and all obligations arising therefrom.
  2. The Terms of Use describe your rights and obligations as a User. Not complying with these terms or alternative or additional Binding Rules that might apply under certain circumstances (bullet 4) is not possible. In that case, you choose not to Use the Service.
  3. Additional terms may Apply to these Terms of Use if Hely collaborates with (Location) Partners in providing the Service to the User.
  4. In case a Location Partner (for example an employer) arranges the Hely Service for its users, it can be that other or additional Terms of Use or Binding Rules apply to the use of the Hely Service. This will be communicated by the Location Partner to you as a User directly. 
  5. Hely may always modify or terminate the Service or access to the Service for any reason, without prior notice, at any time, and without liability to you as a User.
  6. Hely reserves the right to refuse access to the Service to any person or party at any time and for any reason.

 

In the Terms of Use, the following terms, always indicated with a capital letter, are used in the following meanings:

Account: your (personal) Account within the App and the Platform, which you access with your Login Details;

Agreement: any agreement concluded between Hely and the User. Using the App also constitutes the conclusion of an Agreement;

App: the Application that Hely makes available in the Apple and Google App stores for the Use of Hely Vehicles;

Binding instructions: Rules for the Use of (designated) Vehicles established by Hely or by the Business Account that makes the Service possible for a User;

Business Account: An employer whose employees Use the Service via the Location Partner. The employer can also be the Location Partner;

Business Use: Rides made by a User for business purposes and/or considered business Trips by the tax authorities;

Business User: User who Uses the Hely Service for Business Trips.

Combined Business/Private User: A User who Uses Vehicles for both Business and Private Use that are made available to the User by the Business Account;

Connected: Smart and Connected Vehicles that which are equipped with Telematics for Vehicle communication; 

Data: Any digital representation of acts, facts or information, and any compilation thereof, including data generated, collected or otherwise processed by products or related services. This includes both personal and non-personal data, insofar as they are provided, generated, or made accessible in the context of the use of a product or related service;

Data Recipient: A natural or legal person that obtains access to data from a data holder based on the rights and obligations established under the EU Data Act, and receives such data for a specific, agreed purpose, in compliance with applicable contractual and legal safeguards, including those relating to confidentiality, security, and data protection;

Data Terms of Use: Conditions that apply to the Data of our Connected Vehicles generated during your Use of the Hely Service, which are listed in the appendix of the Terms of Use.

Hely: the company Mobility Services and Solutions B.V., located at Stadsring 115, 3817 AX Amersfoort, and registered in the Commercial Register of the Chamber of Commerce under number 71891463;

Hely Hub: A designated physical location where the shared Vehicles are located. The location of the Hely Hub available to you can be found on the digital map in the App;

Location Partner: The legal entity through which the Service is made available to you. This can be an employer or a building or area manager, for example;

Obligation: all obligations that you as a User must comply with during the Use of the Vehicle;

Party: Hely or Location Partner and/or Business Account on whose behalf the Service is made available to you as a User;

Partner: Companies with whom Hely collaborates to offer the Hely Service in combination with a Partner's service to the Location Partner and you as a User;

Platform: A tool made available to a Business Account to manage reservations of the Vehicles by Users associated with the Business Account;

Private Use: Rides made by you as a User for private purposes and/or considered Private Trips by the tax authorities;

Private-only User: User who uses Hely only for Private Trips and whose access to the Hely Service is not facilitated by an employer;

Re-check: Periodically, Hely checks the validity of the Driver's License by matching it with the RDW register; and Hely conducts a new Rental Check;

Registration: Registration is the complete and truthful completion of the requested information via the App. After completing the registration and Approval by Hely, you can Use (part of) Hely's Services;

Rentalcheck: Verification by Hely at the time of Account application and periodic Re-check to determine if the financial situation of the User justifies a Hely Account. For this, Rental Check uses the guardianship register, the insolvency register, and the crimimail database;

Remuneration/ Fee: a Fee that you must pay to Hely based on the (reserved) duration of the Vehicle's Use and/or the agreed Subscription costs. In the case of Business Use, there is no Fee, as the Vehicle is made available by the employer for Business Use. If the employer makes the Vehicle available for Private Use, there is a Fee for the User;

Reservation: a request confirmed by Hely for a Vehicle for a future period, via the App. Also known as: Reserving;

Ride: All Trips together that you make during the period that there is an active Reservation;

Service: The reservation and Use of Vehicles via the Hely App or the Hely Platform;

Subscription Type: Specific way in which the product of the Agreement between you as a User and Hely is offered, which you have chosen and which can be found in the App;

Surcharges: Additional costs for a User that occur by not by not complying to the Terms of Use, which can by found in the FAQ section of the App;

Tariff List/Tariffs: list showing the prices for, among other things, the Use of Hely Services, this list can be consulted via the App and requested from Hely;

Telematics: The technology that collects, processes, stores, and transmits vehicle data via wireless networks and receives information to open and close the Vehicle, which Hely uses to fulfill its Service.

Terms of Use: these Hely terms for the Use of the Service;

Trip: The period between starting a Vehicle and turning off a Vehicle. Multiple Trips can occur in one Ride;

Vehicle: any type of transport Vehicle,, such as cars but also (city) bikes, cargo bikes, and e-bikes, equipped with specific technology to monitor, open, start, and close the Vehicle, that is the subject of an Agreement;

Use/ Usage: reserving and actually using a Vehicle, including: opening, closing, driving, parking, refueling, and/or charging the Vehicle;

User: a natural person who has entered into an Agreement with Hely and/or has acquired a right from the employer to Use Hely Services;

Website: the Hely website www.hely.com;

 

2. THE APP, REGISTRATION, AND ACCOUNT

2.1 The App/Technology

  1. To Use Hely Services, Hely grants you as a User a usage right for an Account on our App. Each usage right provided by Hely is: 
    1. revocable (Hely can withdraw the usage right at any time);
    2. non-exclusive (Hely can also grant the usage right to others); and
    3. non-sublicensable and non-transferable (You may not transfer or assign the usage right to others without Hely's explicit permission).
  2. Hely ensures that the App and the Website are secure and functioning properly, but cannot guarantee 100% uptime. If there is an unexpected (temporary) malfunction and you cannot open or close a Vehicle, contact the Customer Support department via the App. In that case, do not leave the Vehicle unattended.
  3. The following rules Apply to the Use of the App: 
    1. You Use a smartphone/tablet or other (mobile) device that meets the technical requirements for the App. Hely does not guarantee compatibility;
    2. It is your own responsibility to keep the Use of the App secure. Hely stores and processes the personal data entered in the App and provided by you to us (see also Privacy Statement);
    3. The App requires a working internet connection. This is necessary for features such as reserving, opening, and closing a Vehicle. You are responsible for (the costs of) this working internet connection;
    4. You are responsible for ensuring your phone is charged to open and close Hely Vehicles;
  4. It is not allowed to reverse-engineer the Hely App;
  5. It is not allowed to read, copy, or manipulate the Telematics of the Vehicle or the lock using IT methods. In case of violation of this article, Hely may recover all costs and any resulting damages from you.

2.2 Registration

  1. Depending on the type of User you are, there are different registration processes: 
    1. A Private-only User follows the standard registration process by downloading the App and following the registration instructions in the App.
    2. A Business User or Combined Business/Private User whose access to Hely is arranged via a Business Account (employer) receives either an invite email from Hely (or a Partner of Hely) with an activation link or another instruction based on the email address of the Business Account.
  2. When creating an Account with Hely, at least the following requirements Apply:
    1. Always: You are designated by a Party to Use Hely based on location and/or relationship with a Location Partner or Business Account.;
    2. Always: You are at least 18 years old;
    3. Always: You accept the Terms of Use and the Privacy Statement;
    4. Always: You use your own personal data to make an Account. It is not allowed to use data of other people or create an Account for someone else than you. 
    5. Always: For the Use of cars, you are in possession of a valid Driver's License for at least 1 year;
    6. A Private-only User: You have a verified residential address in the Netherlands for Private Use;
    7. A Private-only User: You have a verified bank Account with a bank in the Netherlands, or a credit card. To validate your bank Account, you will be asked to transfer EUR 0.01 during Registration;
    8. A Combined Business/Private User: You have a verified bank Account with a bank in the Netherlands, or a credit card, unless the Rides are settled in the employer's payroll administration;
    9. A Private-only User: You have an accessible phone number and email address.
    10. Business User or Combined Business/Private User: You have a Business email address of the Business Account.
  3. For freelancers or small business customers, the following additional requirements Apply: 
    1. You are registered with the Chamber of Commerce in the Netherlands; the documentation will be requested by Hely Customer Support after registering the business bank Account.
    2. You have a verified corporate address in the Netherlands.
    3. You have a business bank Account.
  4. To be able to  Use a Vehicle, we perform the following checks: 
    1. the validity of your driver's license via the Onfido platform and RDW (only when the Vehicle is a car);
    2. the driver's license photo (and selfie in case of a Private-only User)  is checked for authenticity features via Onfido (Only when the Vehicle is a car);
    3. security verification via SMS/Mail;
    4. the name on the bank Account (for Private-only User);
    5. reliability, creditworthiness, and payment behavior of the Applicant based on the Elena register (for Private-only User);
    6. A letter or mail to verify that you reside at that address (For Private-only User).
  5. An Account is only active after the Registration has been checked and Approved by Hely.  Hely will execute this request as soon as possible but is not obliged to do so on the day the Reservation is made.
  6. You are obliged to immediately report any revocation or restriction of your driving license, driving bans that come into effect, or temporary suspension of your driver's license to Hely via support@hely.com. Hely will periodically perform a Re-check on the validity of your Driver's License. If the Re-check shows that the document is not valid, Hely may immediately block your Account. Immediately after revocation or loss of the driver's license, the driving authority for the Vehicle expires for the duration of the loss or revocation. The same applies for the duration of a driving ban.

The legal purpose for requesting the above information is laid down in the Privacy Statement, which is inextricably linked to the Terms of Use.

2.3 The Account

  1. The following principles Apply when creating and maintaining your Account:
    1. You log in by creating a password in combination with an email address. If Hely Vehicles are made available by the employer, in some cases Single Sign-On can also be used with the email address and authentication associated with your employer;
    2. You declare that all information you provided when creating an Account is correct, accurate, complete, and current;
    3. You declare that all the information you used when creating an Account is your own information;
    4. You keep your Login Details strictly confidential and personal. Hely may assume that everything that happens on or with your Account is done by you or under your supervision and/or responsibility.  Any incurred costs are the responsibility of the Account holder;
    5. If you think or know that your Account is being misused, you must report it to Hely as soon as possible via support@hely.com or by phone through the Hely Customer Support department. Hely will then take Appropriate measures, such as resetting the password.
  2. Hely may always decide whether or not to provide an Account.
  3. Hely always has the right to modify or delete Accounts, profiles, data, and other information.
  4. If Hely suspects that you are violating the law, these Terms of Use, or the Binding Instructions related to the Use of the Vehicles, or if Hely suspects a risk of fraud or theft, for example when there are multiple damages or unpaid invoices, Hely may partially or completely exclude you from the Service and App by:
    1. Deleting your Account; or
    2. Blocking the App for you.
  5. In any of the situations mentioned in section 10-13 of this article, Hely may, if Applicable, forward the names of the User(s) involved and the event details  to the Location Partner or the Business Account (the employer).

 

3. DURATION AND TERMINATION

  1. Depending on the situation, an Account may be deleted or terminated. You can cancel your Account with Hely via support@hely.com and invoke your right to be forgotten through the App under 'personal info'. The Account will then be deleted. A request for Account anonymization can also be sent to privacy@hely.com. You have the right to be forgotten. If Hely suspects there is a risk of fraud or theft, you cannot immediately invoke this right, and the resolution of disputes must take place first, after which we will proceed with the anonymization. The processes regarding anonymization are described in the Privacy Statement.
  2. The notice period for the Private-only User depends on your Subscription Type and varies between immediate and 1.5 months if you have a monthly subscription. Cancellation is possible by email via support@hely.com. 
  3. If the Service is provided through an employer, the Account ends when this contract expires or when the employee is no longer employed at the employer.


4. RESERVATION AND USE OF VEHICLES

4.1 Reservation

  • You make Reservations via the App for a specified period (start and end time).
  • The Reservation is only established when Hely explicitly confirms it in the App, considering the Terms of Use.
  • Hely cannot guarantee that a Vehicle is always available, even after a Reservation has been confirmed. If a Vehicle is not available for any reason, Hely will make efforts to provide an alternative Vehicle.
  • You owe Hely a Remuneration for your reservation period.
  • During the Reservation, you only rent the Vehicle, there is no retention right or other (suspension) right concerning the Vehicle.
  • Hely may set a maximum number of Reservations to be placed and/or a limit to the duration of a Reservation. The latter can differ per User type. Additionally, Hely may refuse a Reservation or impose additional conditions.
  • A Reservation can be extended, only if the Vehicle is still available, by changing the end time of the Reservation in the App under your Account. In that case, additional costs will be charged. If you do not extend or return the Vehicle on time, additional costs on top of the trip costs will be charged. These can be found in the App.
  • You can cancel a Reservation in the App. If this is not within the cancellation period associated with the Subscription, Hely may charge cancellation costs. These timings can be found in the App.

4.2 Vehicle Reservation System

  1. Before opening the Vehicle, you are obliged to visually inspect it and report any (new) defects/damages via the App. Existing damages of cars can be found in the App.
  2. Opening and closing the Vehicles occurs via the Hely App. Instructions are available in the App. If you make an intermediate stop, you must lock the car via the App in case of a keyless car or with a key enclosed in the cabinet without ending the Ride. At the end of the Ride, when the Vehicle is back at the hub, you close the Vehicle and end the Ride. Only then does your Reservation end.
  3. The Reservation ends when the Ride is ended in the App. You stay liable for the Reservation when: 
    1. the Vehicle is not returned to Hely according to the Binding Instructions;
    2. there are damages, costs, or (parking) fines after ending the Ride.
  4. For charging and refueling, use the Hely charge and fuel cards in the car. Refueling or charging abroad is at your expense.
  5. Hely cannot guarantee that the Vehicle is always operational without defects. If a Vehicle is not operational (anymore) due to a defect, Hely is not liable for costs you have incurred, such as alternative transportation costs.

4.3 Vehicle Usage Rules and Regulations

The following Binding Rules Apply to the Use of a Hely Vehicle:

  1. You are always the driver of the Vehicle unless the driver also has a verified and approved Account with Hely and you are in the Vehicle as well
  2. You do not lend your Account to others.
  3. You Use the Vehicle as a decent tennant.
  4. You Use the Vehicle according to the manufacturer's user manual.
  5. You may not disable the passenger airbag unless necessary to transport children or babies. If the passenger airbag is deactivated, you must reactivate it at the end of the Ride, returning it to factory settings.
  6. You Use the Vehicle according to laws and regulations.
  7. You must never drive the Vehicle under the influence of alcohol, drugs, medications, or other substances (e.g., nitrous oxide) that can affect driving ability. There is a strict alcohol policy, with a maximum BAC of 0.0%.
  8. You only Use a Vehicle you are authorized to use. (With a license for automatic transmission cars, you can only rent automatic transmission cars from Hely).
  9. You may not use the car for:
    1. Illegal or unauthorized purposes.
    2. Transportation services as defined in the Passenger Transport Act 2000.
    3. Conducting a (international) delivery or transport service, motorsport events, demonstrations, testing, parades, or any form of racing.
    4. Transporting highly flammable, toxic, or otherwise dangerous substances beyond normal household quantities.
    5. Transporting items or substances that, due to their nature, size, shape, or weight, endanger driving safety or could damage the interior. When using Hely Cars, it is also not allowed to transport animals unless they are in a closed cage safely placed in the trunk.
  10. You may not smoke in the Vehicle or allow passengers to smoke; this also Applies to engaging in sexual activities.
  11. The fuel or charge card/tag for the Vehicle may only be used for the Vehicle it is intended for.
  12. You may not seriously pollute the Vehicle or leave any kind of waste in the Vehicle.
  13. Return the Vehicle within your Reservation period. If you do not return the Vehicle at the agreed time and place (and have not extended the Reservation via the App), you have to pay a fine as specified in the fine overview found in the App. If you return the Vehicle earlier than the reserved end time of the Ride, the Vehicle becomes available for a new User. In that case, the entire reserved time will still be charged.
  14. Return the car with at least 1/3 full tank (for non-electric cars) or ensure it is connected to the charging station and charging (electric Vehicles)
  15. If the Use cannot be ended and the Vehicle can not be closed you are obliged to report this to Hely immediately and stay with the Vehicle until Hely decides on the further course of action. Any additional costs incurred will be refunded by Hely after verification, provided you are not in default or breach
  16. Fines imposed by third parties on Hely, such as parking fines and traffic violation tickets, are your responsibility as a User. Any trip related costs Hely makes/ receives as a result will also be passed on to you. Hely is allowed to charge administration costs.
  17. In case of a violation of the Rules listed in this article, Hely may charge you for the associated costs and impose a fine in accordance with the fine overview as specified in the App. All mentioned costs and fines will be automatically collected from the bank Account number known to Hely. By accepting the Terms of Use, you authorize Hely to collect these amounts.
  18. Hely is not liable for any consequences in the form of damages, fines, or other financial consequences arising from the illegal use of its Vehicles.

Alternative to these Terms of Use, there may be alternative or additional Binding Instructions applicable if a Location Partner or Business Account makes the Hely Service available to you. These will be explicitly communicated by the Business Account (employer) and by Hely during Registration.


5. ACCIDENTS, DAMAGES, DEFECTS, AND REPAIRS

In case of loss, theft of, or damage to a Vehicle, whether it occurred before, during, or after the Use and whether it was caused by you as a User or not, the following rules Apply:

  1. You are required to contact Hely Customer Support as soon as possible. In case of theft, Hely will report it to the police, and you are obligated to fully cooperate.
  2. In case of damage or an accident, you are required to follow Hely's instructions and stay with the Vehicle until any roadside assistance arrives. Engaging roadside assistance independently or without Hely's permission is at your own cost and risk.
  3. You may only leave the scene of the accident after: 
    1. Hely and/or the Police have gathered all necessary information about the accident;
    2. Any measures have been taken in consultation with Hely to secure evidence; and
    3. The Vehicle has been handed over to a towing company, or after consultation with Hely, is safely parked.
  4. In the event of an accident, you may not accept liability or make a similar statement. If you make a statement accepting liability, it is only binding on you personally. Hely is not bound by this acceptance of liability, statement(s), or promise(s).
  5. You must complete a European accident report form and send it by email to Hely within five (5) days. If no written damage report is received by Hely within this period, the accident cannot be processed by the insurance. Hely reserves the right to charge all costs and damages related to the accident, particularly to persons, objects, and Vehicles, to you as the User.
  6. In case it is a Hely Vehicle, only Hely chooses the repair shop for the Vehicle in case of damage.


6. INSURANCE COVERAGE

The following liability clauses are part of these Terms and Conditions when using the Hely Vehicles: 

  1. All Hely Cars are third-party insured (WA-insured). 
  2. Your liability for damage to the Hely Vehicle is limited based on the following provisions: if the Vehicle is damaged while being used by you or you cause damage, you are liable for a deductible (even if you allowed someone else to drive the Vehicle). The Applicable amount of the deductible is stated in the App. 
  3. The liability limitations Apply if (i) the Hely Vehicles are used in accordance with these Terms of Use and (ii) the damage is reported without unnecessary delay and in accordance with these Terms of Use. The liability limitations do not Apply in the case of:
  4.  
    1. Violations of the Regulations;
    2. Not reporting accidents or damage;
    3. Damage caused on purpose or severe negligence; or
    4. Mechanical damage to the Vehicle caused by improper Use of the Vehicle by the Customer (f.e., engine damage due to incorrect refueling);
    5. Not locking the Vehicle, resulting in theft.
  5. If you as a User act in violation of an obligation regulated in these Hely Terms of Use and the insurer therefore has no obligation to compensate, the insurance coverage under article 8 (1) does not Apply, and full liability will lie with you.

In case Hely offers its Service with Vehicles owned by the LocationPartner,  the clauses will be part of the Binding Instruction of the LocationPartner.

7. REMUNERATION/ FEES

  1. All Fees Applied by Hely include VAT. 
  2. The Rates/ Fees and any Applicable Subscription forms are listed in the App.
  3. If the Vehicles are facilitated by a Location Partner or Business Account (employer), different rates may Apply. For (solely) Business Trips, no compensation may be required. In this case the next bullet does not apply. For Private Use of the Vehicles Hely charges a competitive rate. 
  4. For Private use the following conditions are applicable: 
    1. The Remuneration is collected monthly by direct debit in the first week of the new month. 
    2. You must have sufficient funds in the specified bank Account so Hely can periodically collect the owed amount for the Services by direct debit or other payment method specified by you during registration.
    3. If your balance of outstanding payments in a current month is too high, according to Hely. Hely will send a request for interim payment. You cannot Use the Service until the interim payment is made and processed by Hely. 
    4. If the direct debit(s) referred to in this article is reversed or a withdrawal cannot be made within the specified payment term of 14 days, you are in default. In that case, you also pay for incurred collection expenses and administration costs to Hely. These costs can be found in the App.
    5. If you are in default in fulfilling your obligations, all expenses related to settlement in court will be at your Account. Hely is entitled to terminate, block  or suspend the Account. 
    6. Hely may always increase Fees/ Rates. If you do not agree with this, you may terminate the Agreement. The Fees for Use are listed in the App. 
    7. Hely creates the invoice for Usage after the Use based on the Rate List, the used Vehicle, and the duration of the Vehicle's Use. Objections to the calculation of the Remuneration for the Use of a Vehicle must be reported to Hely's Customer Support within 3 x 24 hours after the end of the Use per mail or chat.
  5. Hely offers the possibility of creating a group Account, such as Hely Business Account, where the Remuneration of multiple Users can be settled by one (legal) person. Within the group Account, one person has the role as group administrator.The group administrator compiles the participants of the group and is responsible for fulfilling all payment obligations of the participants in the group towards Hely and its Partners.
  6.  If the Remunerations are collected by a Partner with whom Hely offers the Service to a Business Account, Hely is not responsible for any additional costs or conditions that the Partner imposes on payments or disputes regarding payment.

8. THIRD PARTIES

  1. To provide the Service, Hely may collaborate with Partners, for which the additional terms of Use of these Partners Apply when using the Service. The Service, the App, and the Website may contain links to (mobile) Applications, websites, or other features of third-parties. 
  2. Hely does not control web services or other content of these third-parties. By accepting those terms you acknowledge and agree that Hely is in no way responsible or liable for third-party services.

 

9. INTELLECTUAL PROPERTY RIGHTS

  1. All intellectual property rights related to the App, such as the intellectual property rights resting on the product overviews, the App itself, and the Website, are fully owned by Hely or its licensors. 
  2. Nothing in these User Terms is intended to transfer any intellectual property right of Hely. By creating an Account, Hely grants a limited, royalty-free, non-sublicensable, non-transferable, and non-exclusive right to Use the App/ Hely Services. 
  3. It is not allowed to remove, obscure, hide, or alter any notices or mentions regarding Hely's intellectual property rights in any way.

10. LIMITATION OF LIABILITY

  1. To the extent legally allowed, Hely is not liable for any damage resulting from failure in the execution of the Agreement. 
  2. If Hely is nevertheless liable, Hely's liability is limited to compensation for direct damage up to a maximum amount of €100. 
  3. Direct damage is defined as:
  4.  
    1. Material damage to property;
    2. Reasonable costs incurred to prevent or limit direct damage that could be expected as a result of the event on which the liability is based;
    3. Reasonable costs incurred to determine the cause of the damage.
  5. You indemnify Hely for any damage to Hely, its directors, officers, employees, and agents as a result of claims from third-parties on or in relation to your violation of these User Terms as a User. 
  6. By accepting these User Terms, you agree that any claim based on your relationship with Hely must be filed within one year after the claim arises. Otherwise, the claim against Hely is expired.

11. PRIVACY

  1. As part of the Service provision, Hely processes confidential information, including personal data. Hely respects your privacy. Hely treats and processes the personal data collected during the Use of the Service confidentially and in accordance with the General Data Protection Regulation (GDPR). 
  2. A request for anonymization can be submitted via privacy@hely.com or under ‘personal information’ in the App. This request will be reviewed and processed within 14 days. Depending on the legal retention periods (see Privacy Statement), (a part of) the Account will be anonymized within 1 month after the request, provided there are no outstanding costs or ongoing investigations.
  3. For more information about privacy, Hely refers to its Privacy Statement: www.hely.com/privacy

 

12. MISCELLANEOUS

  1. If any provision of these User Terms is found to be invalid or unenforceable, you remain bound by the remaining provisions of these User Terms. Hely will replace the invalid or unenforceable provision(s) with a provision that is valid and enforceable and whose scope is as close as possible to the intent of the provision(s) being replaced, considering the purpose of these User Terms. 
  2. Dutch law exclusively Applies to agreements, and all resulting non-contractual obligations, between Hely and you to which these User Terms relate. If you believe that Hely falls short in providing the Service, you can contact Hely's Customer Support. If it is not possible to reach a solution through mutual consultation, you have the option to file a written complaint at support@hely.com. 
  3. All disputes between you and Hely arising from the User Terms, or agreements resulting from them, will initially be settled by the court of Amsterdam.

 

Annex to Terms of Use: Data Terms of Use for Connected Devices and Services

Effective Date: September 12, 2025

This Annex to the Terms of Use ("Data Terms of Use") forms an integral and inseparable part of the main Terms of Use ("Terms of Use") between you, the user, and

Mobility Solutions and Services B.V. (“Hely” or “We”), located at Stadsring 115, 3817 AX Amersfoort.

It specifically governs the collection, processing, and use of non-personal data generated by your use of Connected devices and related services provided to you.

By continuing to use the Connected devices and related services, you acknowledge that you have read, understood, and agree to be bound by these Data Terms of Use in addition to the main Terms of Use and/or Binding Instructions. In the event of any conflict between these Data Terms of Use and the main Terms of Use and or Binding Instructions, these Data Terms of Use shall prevail with respect to data generated by Connected devices.

1. What data is covered? 

This part of our agreement covers all the "Data" we collect from your product or related services that's readily available, as defined by the EU Data Act. This includes things like:

  • What kind of data it is (e.g., how often you ride your bike, its location).
  • How much data we expect to collect.
  • How often it’s gathered.
  • Where it’s stored.
  • How long it’s kept.

You can find a detailed list of all this data and its characteristics on our website: www.hely.com/eudataact. If we start collecting any new data during our agreement, we'll make sure to update that list on the website.


 

2. How Hely uses and shared data

2.1 How we use non-personal data. We (Hely) promise to only use data that's non-personal (meaning it can't identify you directly) for the purposes we've agreed on with you. These include:

  • Managing our agreement with you: Like sending invoices, creating reports for you, or handling payments.
  • Providing support: Helping you with any issues, warranty claims, or questions about your product or service.
  • Keeping things running smoothly: Making sure your product or service is working correctly, securely, and that its quality stays high.
  • Making our products better: Improving how our existing products or services work.
  • Developing new products: Creating new products or services, including AI solutions. We might do this ourselves, with trusted partners who work for us, or through special collaborations.
  • Combining data: We might combine your non-personal data with other data, or create new data from it, for any lawful purpose. This could include selling or sharing these combined or new datasets with others. But don't worry, these combined datasets will never allow anyone to identify the specific data from your product, nor allow them to figure it out.
  • Tracking vehicles: Specifically for preventing or tracking stolen vehicles.
  • Improving safety: Helping to make mobility and road safety better for everyone.

2.2 We promise not to use your non-personal data to figure out your financial situation, your assets, your production methods, or how you use the product in a way that could harm your business.

 

3. Sharing non-personal data with others

3.1 We can share non-personal data with other companies (third parties) as long as:

  • They use the data only for purposes that fit with the goals of the EU Data Act and other relevant laws. This includes, but isn't limited to:
    • Improving and developing their own products and services: For example, analyzing data to make their operations more efficient or create new features.
    • Doing research and analysis: Performing anonymous data analysis to find trends, understand market behavior, or for scientific studies.
    • Helping with operations: Supporting their daily business activities, like logistics or managing resources.
    • Meeting legal requirements: Sharing data when they are legally obligated to do so by authorities.
    • Collaborating with partners: Sharing data for joint projects focused on mutual growth and innovation, provided it's within agreed purposes and doesn't hurt your or our interests.

3.2 We will always make sure that these third parties contractually agree to keep the data private and confidential, and to follow all relevant data protection and sharing laws.

3.3 We might also use services like cloud computing (where data is stored and managed online) to help us achieve the purposes mentioned above. These third parties might also use such services to achieve their agreed purposes. 

 

4. How Hely uses and shares personal data

Any data that is personal data will be used, shared with others, or processed by Hely strictly according to our Privacy Statement and always in line with the law.

5. How we protect your data

5.1  We (Hely) promise to use reasonable protection measures for your data. We'll do this by considering the latest technology, any potential harm you might face if your data is lost or shared without permission, and the costs of these protection measures.

5.2 You agree not to change or remove any of these technical protection measures unless you have our prior written permission.

 

6. Data access by the user upon request

6.1 Making your data available. We (that's Hely) will share your data with you whenever you or someone you've authorized asks for it. This data will include all the necessary background information (metadata) so you can understand and use it properly. You can make this request easily through our website: www.hely.com/eudataact


6.2 Sharing Personal Data. If the data contains personal information and you are not the person the data is about (the "data subject"), we can only share it if there's a good legal reason under the GDPR (the main EU privacy law, Article 6). If it involves sensitive personal data, additional conditions from Article 9 of GDPR and Article 5(3) of the ePrivacy Directive must also be met.

When you're asking for personal data and you're not the data subject, you must tell us your legal reason for wanting that data with each request. This is very important for us to comply with privacy laws.


6.3 How your data will look and how you get it. We will provide the data to you for free, and it will be of at least the same quality we have ourselves. It will always be in a complete, organized, standard, and computer-readable format, along with the necessary background information (metadata) to help you use it.

You can find all the details about the data's characteristics and how you'll get access on our website: www.hely.com/eudataact.

We can both use a third party (like a data intermediary service) to help you get your data. This third party won't be considered a "data recipient" under the Data Act unless they use the data for their own business. If either of us wants to use such a third party, we need to tell the other person beforehand.
You will get access to the data:

  1. Easily and securely by either sending you the data or by giving you access to where it's stored.
  2. Without unnecessary delays once we have the data ourselves (if applicable).
We will make sure to clearly explain how you'll get access to the data on www.hely.com/eudataact. We will also give you, at no extra cost, all the tools and information you need to easily get to your data, as required by the Data Act.

All the data details, including how data is accessed, are set out on www.hely.com/eudataact, and these details are a key part of our agreement.

6.4 What to Do if Something Goes Wrong (Feedback). If you notice an issue with the data, its quality, or how you access it (as described in our agreement or on www.hely.com/eudataact), please tell us with a detailed description via support@hely.com. We'll then work together to figure out what happened.


 6.5 When We Might Make Changes. The most up-to-date information about your data and how you access it will always be available on our website: www.hely.com/eudataact. We will only notify you directly if there's a material change that could significantly affect how you access or use the data via the Hely app.


7. How you can use and share data. 

7.1 You are free to use the data we provide to you for any legal purpose and can share it freely, but please keep in mind the few limitations we explain below. 

7.2 What You Can't Do with the Data. To keep things fair and secure, you agree not to:

  • Create a competing product: Don't use our data to build a product that directly competes with Hely's product, or share the data with anyone else who intends to do so.
  • Spy on our business: Don't use the data to figure out our financial situation, assets, or how we make our products.
  • Force access or exploit weaknesses: Don't try to force your way into getting data, or take advantage of any technical weaknesses in our systems designed to protect the data,
  • Share with "gatekeepers": Don't share the data with any company that's considered a "gatekeeper" under EU law (specifically, Article 3 of Regulation (EU) 2022/1925).
  • Break the law: Don't use the data for any purpose that goes against EU law or relevant national laws.

8. Making Data Available to Another Company (Data Recipient)

8.1 You can ask us (Hely) to send your data, along with its necessary background information (metadata), directly to another company (a "Data Recipient") you choose via the request form. We will contact that company directly

8.2 Important for Personal Data: If the data you're asking us to share contains personal information (meaning it can identify someone), and you're not the person the data is about, we can only share it if there's a valid legal reason under GDPR (the main EU privacy law). When you make such a request, you must clearly state your legal reason (like "consent" or "legitimate interest") for processing that personal data using the dedicated form here: www.hely.com/eudataact

8.3 If your request involves sensitive personal data (like health information), we'll need to ask you for additional information to ensure all necessary conditions under GDPR Article 9 and the ePrivacy Directive are met.

8.4 We'll make sure the data we send to the Data Recipient is of at least the same quality we have ourselves. It will always be in an organized, standard, and computer-readable format, and we'll send it easily and securely if feasible.

8.5 When you make such a request, we'll then work with the Data Recipient to set up the terms for sharing the data. These terms will be fair, reasonable, non-discriminatory, and transparent, as required by the Data Act.

8.6 Please know that you cannot use this option to send data to a "gatekeeper" company (as defined by Article 3 of Regulation (EU) 2022/1925), nor can you request data to test new products, substances, or processes that aren't yet available on the market.


9. When you transfer your product (or its use)

9.1 At Hely each individual user needs an account with login and password. Each new user will need to create their own account and agree on the Terms and Conditions of Hely. If you transfer your product, you simply need to tell us that you're no longer the user and that your contract with us is ending. Please also make sure that other people won't be able to use your old account. This might mean removing your login details before you hand over the product or rights to services.


10. Wrapping Things Up

10.1 This Annex is a part of your overall agreement with Hely, acting as an extension of our existing Terms of Use. All the general terms and conditions you've already agreed to still apply here. By continuing to use our products and services, you're agreeing to these additional terms about your data.

We are committed to making sure you have control over your data and understand how it's used. If you have any questions about these data terms or anything else, please don't hesitate to reach out to our customer support.

 

Hely is an initiative of NS & PON