Terms and Conditions of the BIXI Mobile App

This document (the “Agreement”) is a contract between you (“you”) and BIXI MONTREAL (“BIXI”, “we”, “us”) that sets out the terms and conditions for your use of the features (the “Features”) of the BIXI MOBILE application (the “Application”). Please read this Agreement carefully before using the Features. By accessing and using the Features, you agree to all the terms and conditions set forth in this Agreement. Your access to and use of the Features will be subject to the version of the terms and conditions of this Agreement in effect at the time of your use. If, at any time, you do not or cannot accept the terms and conditions of this Agreement, you must stop accessing or using the Features and uninstall the Application.

This Agreement should be read in conjunction with the general terms and conditions of access and use of the BIXI service (the “General Terms and Conditions of Access and Use of the BIXI Service”), which more generally govern your use of the BIXI bike-sharing system (the “System”). You can view the text of the General Terms and Conditions of Access and Use of the BIXI Service by clicking here.

Modification of the Agreement

BIXI may modify this Agreement or any section of this Agreement, in whole or in part, at any time, for any reason. When modifications have been made, BIXI will post the revised terms of use on the Application. You will be deemed to have accepted them if you continue to use the Application after the revised terms and conditions have been posted.

Use of the Features

Subject to your full compliance with this Agreement, BIXI grants you a non-transferable right to access and use the Features as a tool to facilitate your use of the System. The Features will allow you to (i) locate bikes and stations used in the System, (ii) track your trips and view billing statements and billing information generated by the System, (iii) access your System user accounts and access notification systems related to those accounts, (iv) purchase or renew a subscription to the System, (v) carry out transactions enabling you to rent a bike from the System, (vi) unlock a bike by scanning its QR code, (vii) access maps and generate itineraries, and (viii) access certain promotions or loyalty or reward programs that may be offered from time to time as part of the System. This Agreement does not govern the rental of bikes and your use of bikes; it only governs your access to and use of the Features (for more details on this, see the next heading, “This Agreement is not the agreement that governs your use of the System”).

Although BIXI tries to provide you with the most accurate information available, all information provided through the Features is provided as a courtesy, without any warranty of any kind as to its accuracy, completeness, timeliness, availability, or quality. Without limiting the generality of the foregoing, it is possible that the Features may incorrectly list bikes, available docking stations, your billing information, the time displayed on the timer, or a map or route, and that this incorrect information may cause you inconvenience. You hereby release BIXI from any liability resulting from such inconvenience.

Personal Use

You agree not to allow any third party to use or access the Features using your mobile device. Without limiting the generality of the foregoing, you may not lend, rent, or transfer any personal identification code generated by the System to unlock a bike ( “Personal Code”), which remains the property of the operator, to a third party or use any Personal Code for purposes that do not comply with the terms of this Agreement. You release BIXI from any liability related to the use of the Features by a third party (i) on your mobile device or (ii) via your Personal Code.

Terms of Use

The Features are made available to you free of charge for use on your mobile device. By agreeing to this Agreement, accessing or using the Features, you represent that:

  • you have the legal capacity and right to agree to this Agreement and to access and use the Features in accordance with this Agreement;
  • you are at least 14 years of age;
  • you are not thereby in violation of any other agreement or obligation to third parties or any legal or regulatory provision;
  • you will use the Features in accordance with the most current version of this Agreement;
  • all personal information you provide in connection with your use of the Features is accurate, current, and complete;
  • you will protect your personal information, including your Personal Code, username, and password, and will not disclose any Personal Code, username, password, or other information related to the Features to any third party, and you will notify BIXI as soon as possible if you notice or suspect, for any reason, that the security of your account has been compromised; and
  • you accept full responsibility for all activities, transactions, taxes, fees, and charges, and any other financial or other liability that may result from any use of the Features under your Personal Code, name, or account.

Prohibitions

In order to use the Features, you agree not to:

(a) access or use any non-public areas of the Features or BIXI’s computer systems;

(b) attempt to probe, scan, or test the vulnerability of the Features or any related system or network or breach any security or authentication measures used in connection with the Features and such systems and networks;

(c) attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Features;

(d) harm or threaten to harm other users in any way or interfere with, or attempt to interfere with, the access of any user, host or network, including without limitation, by sending a virus, overloading, flooding, spamming, or mail-bombing;

(e) provide any incorrect payment information or payment information belonging to a third party;

(f) use the Features in an abusive way contrary to its intended use, to its documentation or to BIXI’s reasonable instructions; or

(g) impersonate or misrepresent your affiliation with any person or entity.

BIXI has the right to investigate any violation of the above terms and conditions and to take legal action in this regard, including violations of intellectual property rights and possible security breaches, to the fullest extent permitted by law. BIXI may seek the assistance of law enforcement authorities and cooperate with them to prosecute users who violate this Agreement. You acknowledge that although BIXI is not obligated to monitor your access to or use of the Features, it has the right to do so in connection with the operation of the Features, to ensure your compliance with this Agreement, or to comply with applicable law or the order or requirements of a court, administrative agency, or other governmental organization.

Exclusive Rights

All rights, titles, and interests relating to the Features belong exclusively to BIXI and its licensors. The Features are protected by copyright, trademark, and other domestic and foreign intellectual property laws. Except as expressly authorized in this Agreement, you may not reproduce, modify, distribute, sell, transfer, publicly display, publicly perform, transmit, or otherwise use the Features, or create derivative works based on them.

Protection of Personal Information

When you use the Application and Features, we collect or have access to certain personal information about you. BIXI collects, uses, and shares your personal information in accordance with its Privacy Policy.

In addition, BIXI uses cookies and other tracking technologies (collectively, “cookies”) on the Application, and this use of cookies is also provided for in its Privacy Policy.

Please read our Privacy Policy carefully by clicking here.

Disclaimer of Warranty and Limitation of Liability

YOU AGREE THAT USE OF THE FEATURES IS ENTIRELY AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, BIXI MAKES NO WARRANTIES AND MAKES NO REPRESENTATIONS REGARDING THE FEATURES, INCLUDING THAT THE FEATURES WILL MEET YOUR REQUIREMENTS OR BE COMPATIBLE WITH HARDWARE OR SOFTWARE PROVIDED BY THIRD PARTIES, THAT THE FEATURES ARE SECURE, FREE OF ERRORS, DEFECTS, VIRUSES OR OTHER HARMFUL CONTENT, THAT THE FUNCTIONALITIES WILL NOT BE INTERRUPTED, THAT THEY WILL BE FREE OF PROBLEMS OR ERRORS, OR THAT ALL ERRORS WILL BE CORRECTED. BIXI PROVIDES THE FEATURES “AS IS” AND “AS AVAILABLE.”

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE WARRANTIES AND REMEDIES OFFERED BY BIXI (IF ANY) THAT ARE EXPRESSLY SET FORTH HEREIN ARE EXCLUSIVE AND REPLACE ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, IN FACT OR BY OPERATION OF LAW, DUTIES, VERBAL OR WRITTEN STATEMENTS OR OTHERWISE, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, AVAILABILITY, PERFORMANCE, COMPATIBILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, CONFORMITY TO DESCRIPTION, AND NON-INFRINGEMENT, ALL OF WHICH ARE EXPRESSLY DISCLAIMED.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BIXI AND ITS SUPPLIERS OR LICENSORS BE LIABLE, WHETHER BASED ON CONTRACT OR TORT (INCLUDING NEGLIGENCE) OR STRICT LIABILITY, FOR INCIDENTAL, INDIRECT, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES OF ANY KIND, OR FOR LOSS OF REVENUE OR PROFITS, LOSS OF BUSINESS OPPORTUNITIES OR GOODWILL, COMPUTER VIRUSES OR OTHER DAMAGE TO YOUR MOBILE DEVICE, COMPUTER NETWORK OR OTHER PROPERTY, LOSS OR CORRUPTION OF DATA INFORMATION OR UNAUTHORIZED ACCESS TO IT OR DISCLOSURE OF INFORMATION OR DATA OR OTHER FINANCIAL LOSSES ARISING FROM THE USE, PERFORMANCE, FAILURE OR INTERRUPTION OF THE FUNCTIONALITIES OR RELATED TO THEM, WHETHER FORESEEABLE OR NOT, EVEN IF BIXI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF BIXI IS REQUIRED TO PAY YOU ANY DAMAGES, BIXI’S TOTAL CUMULATIVE LIABILITY TO YOU UNDER THIS AGREEMENT SHALL NOT EXCEED $100. WHERE APPLICABLE LAW PROHIBITS THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THIS LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

Indemnification

You agree to defend, indemnify, and hold harmless BIXI, its officers, directors, affiliates, employees, and agents from and against any and all claims, liabilities, damages, losses, and expenses, including reasonable legal and accounting fees, arising in any way from your access to or use of the Features.

Any delay, omission, or failure by BIXI to exercise any right or remedy under this Agreement shall not be deemed a waiver of such right or remedy. The single or partial exercise of such rights or remedies shall not preclude their subsequent exercise.

External Links

The Features may contain hyperlinks to other sites operated by third parties. These links are provided for reference only. BIXI has no control over their content or performance and is not responsible for their content or practices, particularly with regard to the protection of personal information. BIXI does not endorse and accepts no responsibility for the material found on these external sites, nor any association with their operators. When you click on hyperlinks, you are responsible for referring to the terms of use and privacy policies then in effect on these external sites.

Termination

BIXI may terminate this Agreement and cancel your access to the Application or Features at any time, for any reason. BIXI agrees to provide you with reasonable prior notice of termination unless such termination is due to your breach of this Agreement or the law.

General Provisions

This Agreement is governed by and interpreted in accordance with the laws of the Province of Quebec (Canada) and the applicable laws of Canada (without regard to conflict of law rules). The parties hereby irrevocably submit to the exclusive jurisdiction of the courts of the judicial district of Montreal, in the Province of Quebec.

This Agreement constitutes the entire agreement between BIXI and you with respect to the Features, and this Agreement supersedes any prior agreement between BIXI and you with respect to the Features.

You agree not to assign or otherwise transfer this Agreement or the rights or obligations provided for under it to a third party without first obtaining the written consent of BIXI, which consent is at BIXI’s sole discretion. No assignment or delegation made by you shall relieve or release you from your obligations under this Agreement. Subject to the foregoing, this Agreement shall be binding upon and inure to the benefit of the parties and their respective successors and assigns, and may be enforced by them. BIXI shall have the right to assign this Agreement to a third party without your consent.

Nothing in this Agreement shall constitute a partnership or joint venture between you and BIXI.

If any particular provision of this Agreement is declared invalid by a court of competent jurisdiction, that provision shall be deemed excluded from this Agreement and shall not affect the validity of this Agreement as a whole.

In the event of any discrepancy between the French and English versions of this Agreement, the French version shall prevail.

Contact

If you have any concern, question or complaint regarding this Agreement, please contact BIXI at:

By phone :
(514) 789-2494 between 9AM and 5PM, Standard Eastern Time

By mail :
BIXI MONTRÉAL
5945 av. De Gaspé
Montréal (Québec)
H2S 2X4

By email : info@bixi.com

Last update: November 12, 2025.