AGB
1. Introduction
Welcome to the GOBAO websites, mobile applications, and related services (collectively referred to as the „Services“). These Terms of Service („Terms“) govern your access to and use of our Services, including our website at gobao-ebike.com, the Gobao App, our e-bike drive systems, batteries, chargers, displays, remote pads, and related support services, so please read them carefully before using any of our Services.
GOBAO is operated by Gobao Electronic Technology GmbH, a company registered in Germany. These Terms constitute a legally binding agreement between you and Gobao Electronic Technology GmbH („GOBAO,“ „we,“ „us,“ or „our“). Contact information is as follows:
Gobao Electronic Technology GmbH
Emil-von-Behring-Straße 6, 63128 Dietzenbach, Germany
Email: info@gobao-ebike.com Tel: +49 (0) 8142 / 654 5492
Registration number: HRB 295115
Value Added Tax ID: DE438790363307751
You can reach the data protection officer as follows:
DataCo GmbH (www.dataguard.com)
Sandstraße 33, 80335 München, Germany
Email: privacy@dataguard.com
By accessing or using our Services, you acknowledge and agree that you have read, understood, and agree to be bound by these Terms, including the various disclaimers set forth herein. If you do not agree to these Terms, please do not use our Services.
2. Scope of Services
Our Services include, but are not limited to:
- Website: Our official website at gobao-ebike.com, providing product information, support resources, and company information.
- Gobao App: Our mobile application that provides connected support features, including system notifications, integrated diagnostics, guided troubleshooting, software updates, riding and battery information, and service center locator.
- Products: E-bike drive systems, drive units (motors), batteries, chargers, displays, and related accessories manufactured or distributed by GOBAO.
- Support Services: Technical support, warranty services, repair services, tutorials, service videos, FAQs, and customer assistance through our contact channels.
- Software & Firmware: Software, firmware, and updates for GOBAO products that enable functionality, diagnostics, and performance improvements.
3. Changes to These Terms
3.1 Minor Adjustments
If we make minor revisions with no impact on your data processing rights, warranty obligations or core service functions (e.g. typo correction, format adjustment), the updated Terms will be published on gobao-ebike.com, and the latest version date shall be marked at the bottom of the page.
3.2 Material Revisions
If we carry out material revisions that affect your privacy rights, product warranty scope, liability rules or data collection methods (including new firmware data collection, App permission updates), we shall notify you at least 30 calendar days before the effective date via two channels:
- pop-up notice inside the Gobao App upon your next login;
- email sent to the registered mailbox linked to your user account. The notification shall clearly list all revised clauses and the effective date. You have the right to stop using all Services free of charge if you disagree with the revised Terms before the effective date; continued use after the effective date means your acceptance of the updated rules.
All revised terms shall also be permanently published on the footer of gobao-ebike.com simultaneously with the 30-day advance notice.
4. User Accounts
Some features of our Services may require you to create a user account. When you create an account, you agree to:
- Provide accurate, current, and complete information during the registration process;
- Maintain and promptly update your account information to keep it accurate, current, and complete;
- Maintain the security of your account credentials and not share your password with any third party;
- Accept all risks of unauthorized access to your account resulting from your failure to maintain security;
- Notify us immediately of any unauthorized use of your account or any other security breach.
Account Suspension & Termination Rules
- We shall only suspend or terminate your account for verified material breaches of these Terms, fraudulent activity, illegal conduct, or persistent failure to comply with data processing consent rules.
- Before permanent termination, we will send a written notice to your registered email, stating clear factual reasons for the proposed restriction, and grant you a minimum 14 calendar days to submit written appeal evidence to privacy@dataguard.com. We will conduct manual review of your appeal within 7 working days before final action.
- You retain the absolute right to request full account deletion and erasure of all your personal data held by us under GDPR Article 17 (Right to Erasure). You may submit a deletion request via privacy@dataguard.com at any time, with zero administrative fees. We will fully anonymize or delete all your identifiable personal data within 30 calendar days after valid identity verification, except data we are legally obligated to retain under German tax, commercial or product safety statutes.
- After account termination (voluntary or enforced), we will only retain your data to resolve pending disputes and meet statutory record-keeping obligations; all other personal data will be purged upon expiry of the mandatory retention period.
5. Product Warranty
GOBAO warrants that its products shall be free from defects in materials and workmanship under normal use for a period specified in the product documentation or applicable warranty card from the date of original purchase.
The warranty is subject to the following conditions:
- The product must have been used in accordance with the user manual and product specifications;
- The warranty does not cover normal wear and tear, damage from accidents, misuse, neglect, improper installation, or unauthorized modifications;
- The warranty does not cover consumable parts that are subject to normal wear;
- Battery capacity degradation over time is a natural characteristic of lithium-ion batteries and is not covered under warranty unless it falls below the specified threshold within the warranty period;
- Warranty service must be obtained through authorized service partners, dealers, or as otherwise directed by GOBAO.
To make a warranty claim, please contact your authorized service partner, the manufacturer of your e-bike, or use our contact form on the website. You may be required to provide proof of purchase and product identification.
6. Software and Firmware
GOBAO products include embedded software and firmware that enables product functionality. Subject to these Terms, GOBAO grants you a limited, non-exclusive, non-transferable, revocable license to use the software and firmware solely in connection with your authorized use of GOBAO products.
You agree that you will not:
- Modify, reverse engineer, decompile, disassemble, or attempt to derive the source code of the software or firmware;
- Bypass, disable, or circumvent any security features, digital rights management, or access controls;
- Create derivative works based on the software or firmware;
- Distribute, sell, lease, rent, or sublicense the software or firmware to any third party;
- Use the software or firmware for any unlawful purpose or in violation of these Terms.
GOBAO may release firmware/software updates for three categories:
- Mandatory security & safety patches: These are required to eliminate safety hazards on your e-bike hardware; you acknowledge installation is necessary for safe operation. No new personal data collection will be triggered by pure security updates.
- Functional upgrades without new data processing: You may choose to install or skip such updates freely via the Gobao App.
- Updates that introduce new personal data collection, telemetry or riding-data tracking features: We will provide a separate, unticked opt-in consent pop-up before installation. You may withdraw your consent for such data collection functions at any time via App settings or email privacy@dataguard.com, without losing access to core product functions.
GOBAO shall not impose service restrictions solely because you decline non-mandatory data-collecting firmware updates. We are not liable for hardware malfunctions solely caused by your refusal to install mandatory safety patches.
7. Gobao App
The Gobao App provides connected support features for GOBAO e-bike systems. Use of the App is subject to these Terms and any additional terms presented within the App.
Key features of the Gobao App include:
- System notifications and alerts
- Integrated diagnostics and error detection
- Guided troubleshooting and support
- Software and firmware updates
- Riding data and battery information
- Nearby service station locator
- Access to user guides and documentation
You acknowledge that the App requires a compatible mobile device and internet connection. Data usage charges may apply depending on your mobile service plan. GOBAO does not guarantee that the App will be compatible with all devices or operating systems.
All data collected by the App is governed exclusively by the separate Gobao App Privacy Notice, accessible inside the application.
8. Intellectual Property Rights
All content available on the GOBAO websites and App (collectively referred to as the „Services“), including but not limited to text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, software, product designs, and technical documentation, is the property of GOBAO or its content suppliers and is protected by international copyright, trademark, patent, and other intellectual property laws.
The compilation of all content on our Services is the exclusive property of GOBAO and is protected by international copyright laws. All software used on our Services is the property of GOBAO or its software suppliers and is protected by international copyright laws.
All trademarks, service marks, and trade names used on the Sites and App, including but not limited to the GOBAO name and logo, are owned by GOBAO or its affiliates or licensors and are protected by international trademark laws. All other trademarks, service marks, and trade names referenced on the Sites and App are the property of their respective owners.
You are not allowed to modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works from, distribute, perform, display, or in any way exploit, any of the content, in whole or in part, except as otherwise expressly permitted in these Terms. Unauthorized use of the intellectual property may lead to legal penalties or damages, including but not limited to those related to violation of trademarks, copyrights, patents, privacy, and publicity rights.
9. Acceptable Use of the Service
GOBAO grants you a limited, non-exclusive, non-transferable, revocable license to access and use the materials on our websites and App (collectively referred to as the „Services“) solely for your personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices.
You agree not to upload, post, or otherwise transmit through our Services any content that:
- is unlawful, abusive, threatening, harmful, obscene, lewd, offensive, defamatory, or otherwise objectionable;
- infringes the intellectual property rights, privacy rights, or other rights of any party;
- contains a virus, malware, or other harmful component;
- violates any applicable laws or regulations;
- impersonates any person or entity, or falsely states or misrepresents your affiliation with a person or entity;
- interferes with or disrupts the operation of the Services or servers or networks connected to the Services.
GOBAO may remove any content that we determine to be unlawful, offensive, threatening, libelous, defamatory, obscene, or otherwise objectionable, or that violates any party’s intellectual property or these Terms, in our sole discretion.
10. User Submissions
10.1 Copyright & Non-personal Submissions
All non-personal content you submit (e.g. product feedback text, usage experience, technical suggestions without your name, location, portrait or identifiable information) shall not be deemed confidential only if you voluntarily share it via public service channels. You grant Gobao Electronic Technology GmbH a limited, non-exclusive, royalty-free, worldwide license to reproduce, edit and use such non-personal Submissions solely for:
- internal product quality inspection & technical optimization;
(ii) public service tutorial production, without unlimited commercial sales of derivative works. This copyright license shall last for 5 years from the date you submit the content. You may send a written request to privacy@dataguard.com to revoke this copyright license at any time, and we will cease new use of your Submissions within 14 working days.
10.2 Personal Data Contained in Submissions
If your Submission includes personal data (your full name, city/region, portrait, contact info, or any data that can identify you), processing of such personal data shall strictly comply with GDPR (Regulation EU 2016/679) and our separate Privacy Policy:
We will only use your personal data attached to Submissions for the explicit purpose of replying to your feedback and improving related e-bike products; we will NOT use your name or geographic information for general marketing, promotional ads or mass publicity without your separate, voluntary, unticked opt-in consent box;
You have the absolute right to withdraw your consent to the processing of your personal data at any time, via email privacy@dataguard.com; withdrawal procedure shall be as simple as giving consent;
We will delete or anonymize your identifiable personal information upon your withdrawal request within 14 calendar days.
10.3 Restriction
Gobao shall not sell, rent or sublicense your Submissions containing personal data to any third-party commercial partners under any circumstances.
11. Disclaimers
The materials and services provided on the GOBAO websites and App (collectively referred to as the „Services“) are provided „as is“ and „as available“ without any warranties or guarantees of any kind, either express or implied. This includes, but is not limited to, warranties of merchantability, fitness for a particular purpose, and non-infringement of intellectual property.
GOBAO’s obligations with respect to its products and services are governed solely by the agreements under which they are provided and applicable product warranties, and nothing on the Services should be construed to alter such agreements or warranties. GOBAO makes no warranties or representations about the accuracy, reliability, completeness, or timeliness of the materials on the Services, and does not commit to updating such materials.
All product specifications, service descriptions and technical materials published on our Website and App will be regularly reviewed. We will clearly mark the publication date and applicable sales regions on all product pages. Outdated product information will be labeled with an expired prompt or removed promptly once identified. Gobao may adjust product parameters, webpage display or public promotional content, but any adjustment that changes core user rights (warranty, data collection, after-sales service policy) shall follow the mandatory advance notification rule set out in Clause 3.2 above; trivial promotional picture/text adjustments without impact on user legal rights do not require separate advance notice.
GOBAO does not warrant that the Services will operate error-free or that the Services, their servers, or the content are free of computer viruses or similar contamination or destructive features. If your use of the Services or the content results in the need for servicing or replacing equipment or data, GOBAO shall not be responsible for those costs.
GOBAO disclaims all liability for the conduct of its users, whether online or offline. Your use of the Services and all content therein is at your own risk. If you are dissatisfied with the Services or any content, your sole remedy is to discontinue using the Services.
12. Limitation of Liability
To the extent permitted by law, in no event shall GOBAO, its affiliates, or any third parties mentioned on the Sites and App be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses, resulting from:
- the use or the inability to use the Services;
- the cost of procurement of substitute goods and services resulting from any goods, data, information, or services purchased or obtained or messages received or transactions entered into through or from the Services;
- unauthorized access to or alteration of your transmissions or data;
- statements or conduct of any third party on the Services;
- any product defects or malfunctions not caused by GOBAO’s breach of warranty;
- any other matter relating to the Services, whether based on warranty, contract, tort, or any other legal theory, and whether or not GOBAO has been informed of the possibility of such damage.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you. Nothing in these Terms shall limit or exclude liability for death or personal injury caused by negligence, fraud, or fraudulent misrepresentation, or any other liability that cannot be excluded under applicable law. This limitation clause shall not apply to any damages arising from GDPR violations, data leakage, unlawful data processing, mental distress caused by privacy infringement, nor losses caused by GOBAO’s intent or gross negligence, in accordance with GDPR Article 82 and German Civil Code.
13. Links to Other Websites
Our Sites and App may contain links to third-party websites or services that are not owned or controlled by GOBAO, including but not limited to YouTube tutorials, social media platforms, and dealer websites. GOBAO has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services.
You acknowledge and agree that GOBAO shall not be 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 any such content, goods, or services available on or through any such websites or services. We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.
14. Indemnification
You shall indemnify GOBAO against all reasonable legal costs and damages directly resulting from your intentional or grossly negligent breach of these Terms or infringing content you upload. This indemnity does not cover any liabilities, fines or compensation arising from GOBAO’s own breach of GDPR, data protection or mandatory consumer laws, nor losses caused by account hacking or GOBAO’s system security defects not attributable to your serious fault. No indemnity shall apply to death or personal injury losses imposed by mandatory law.
15. Term and Termination
15.1 These Terms take effect upon your first access to the Website or Gobao App.
15.2 We may restrict or terminate your account only following the appeal procedure laid out in Clause 4; immediate temporary suspension is permitted only to prevent imminent safety risks or serious data security breaches, with written follow-up notice sent within 48 hours.
15.3 Upon termination of your account (voluntary deletion or administrative closure), we will process your personal data strictly in line with GDPR Article 17 and our two separate Privacy Notices:
- All non-statutorily required personal data will be erased within 30 days;
- Data retained for legal, tax or dispute resolution purposes shall be pseudonymised where possible, and fully deleted once the mandatory retention period expires.
15.4 Clauses governing Intellectual Property, Disclaimers, Limitation of Liability, Indemnification and Governing Law survive termination. All data subject rights under GDPR remain enforceable after account closure.
16. Privacy
We maintain two separate, dedicated Privacy Notices applicable to different Services, fully compliant with Regulation (EU) 2016/679 (GDPR):
- Website Privacy Notice: Applies solely to data collected via gobao-ebike.com (website browsing, contact forms, web inquiries); accessible permanently at the website footer.
- Gobao App Privacy Notice: Applies solely to data collected via the mobile application (riding telemetry, battery data, device permissions, account sensor information); accessible within the App’s “Settings – Legal & Privacy” menu and downloadable via our official website.
By using the corresponding Service (Website / Gobao App), you consent to the data processing activities set out in the matching dedicated Privacy Notice. Both documents clearly outline all data subject rights (access, rectification, erasure, restriction of processing, data portability, objection, withdrawal of consent) and the dedicated contact channel for all GDPR-related requests. We will notify you via registered email of any material amendments to either Privacy Notice at least 30 days prior to the effective date, following the update rules in Clause 3.
17. Governing Law and Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of the Federal Republic of Germany, without regard to its conflict of law principles. For all private end consumers residing within the EU/EEA: This choice of German law shall not deprive you of the mandatory consumer protection statutory provisions of your country of habitual residence, which shall prevail over conflicting German legal provisions to your benefit. Any disputes arising out of or in connection with these Terms shall be governed as follows:
- If the counterparty is a merchant, public law legal entity or public fund (B2B): Any dispute shall be finally resolved by arbitration administered by the German Institution of Arbitration (DIS) under its Arbitration Rules, with the seat of arbitration in Frankfurt am Main, Germany. The arbitral tribunal shall consist of one sole arbitrator, and the proceedings shall be conducted in English.
- For all private end consumers (B2C): You retain the absolute right to initiate proceedings at the competent local court of your habitual residence, or the courts of Frankfurt am Main, in compliance with all EU and German mandatory consumer protection laws. No binding arbitration shall apply to consumer contracts.
18. Miscellaneous
These Terms, together with our Privacy Policy and any other legal notices published by GOBAO on the Services, constitute the entire agreement between you and GOBAO regarding the Services and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and GOBAO.
If any single provision of these Terms is held invalid or unenforceable by a competent court, only the conflicting part shall be stricken, and all remaining clauses shall remain in full legal force.
No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and GOBAO’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
You are responsible for complying with any and all local laws applicable to your use of the Services. GOBAO makes no representations or warranties that the materials contained within our Services are appropriate for, or accessible from, all locations.
Nothing within these Terms shall restrict or limit your statutory rights under GDPR, German Federal Data Protection Act (BDSG) or EU consumer protection legislation. Any clause conflicting with mandatory law shall be automatically void to the extent of the conflict.
