TERMS AND CONDITIONS
These Terms and Conditions (“Terms”) apply to the use of all services provided by Bout Oy Ab, a company registered in Finland with Business ID: 2883889-2 (“Bout” or “We”), including applications, websites, content and services related to offering the Bout platform (“Services”). These Terms govern the relationship between you (“You” or “User”) and Bout regarding the use of the Services. By accessing or using any part of the Services You agree to these Terms and accept to be bound by them.
Please read these terms carefully before accessing or using the Services. If You do not agree to the Terms, You may not use the Services.
The Services are not available for use by persons under the age of 18. You may not authorize third parties to use Your account, and You may not allow persons under the age of 18 to receive transportation or delivery services from Third Party Providers unless they are accompanied by You.
We can make changes to these Terms at any time in accordance with Section 16 below, and Your continued use of the Services shall confirm Your acceptance of the updated Terms. In addition to these Terms, You agree to abide by any supplemental policies of the Services as well as all other related operating rules or policies made available to You by Bout from time to time.
1. Use of the Services
The Services constitute a platform that enables users of Bout’s mobile applications or websites provided as part of the Services to pre-book and schedule transportation and/or delivery services with independent third party providers of such services (“Third Party Providers”). Unless otherwise agreed by Bout in a separate written agreement with You, the Services are made available solely for Your personal, non-commercial use. YOU ACKNOWLEDGE THAT BOUT DOES NOT PROVIDE TRANSPORTATION OR DELIVERY SERVICES OR FUNCTION AS A TRANSPORTATION PROVIDER OR CARRIER AND THAT ALL SUCH TRANSPORTATION AND DELIVERY SERVICES ARE PROVIDED BY INDEPENDENT THIRD PARTY CONTRACTORS WHO ARE NOT EMPLOYED BY BOUT.
Subject to Your compliance with these Terms and payment of the applicable fees, Bout grants to You a limited, non-exclusive, non-sublicensable, non-transferable and revocable right to (i) access and use the applications on Your personal device solely in connection with Your use of the Services, and (ii) access and use any content, information and related materials that may be made available through the Services, in each case solely for Your personal, non-commercial use. You may not use such any part of the Services for any purpose other than the permitted use of the Services.
You shall not sell, rent or give away Your right to use the Services, create Services account by using a false identity or information, or on behalf of someone other than yourself. You shall not use the Services if You have previously been removed from using any part of the Services by Bout.
You may not (i) use any technological or other means (such as bugs or glitches in the Services, or by using third party tools or software) to use the Services in a way that interferes with or disrupts the Services, (ii) use the Services for fraudulent or abusive purposes, (iii) attempt to decompile, reverse engineer, disassemble or hack any of the Services, or (iv) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.
You agree to comply with all applicable laws when using the Services, and You may only use the Services for lawful purposes (e.g., no transport of unlawful or hazardous materials). You will not, in Your use of the Services, cause nuisance, annoyance, inconvenience, or property damage, whether to the Third Party Provider or any other party. In certain instances You may be asked to provide proof of identity to access or use the Services, and You agree that You may be denied access to or use of the Services if You refuse to provide proof of identity.
2. User Accounts
In order to use the Services, You must register for and maintain an active personal user account. You must give Bout correct personal and other information necessary for using the Services as well as at least one valid payment method if such information is required. You agree to maintain accurate, complete, and up-to-date information in Your user account. You may not create more than one user account. You may create an additional, separate account if You provide services to Bout as a Third Party Provider.
You are solely responsible for all Your use of the Services. You may not reveal, share or otherwise allow others to use Your password, or use passwords of others. You agree that You are personally responsible for the use of Your user account, and for all of the communication and activity in connection with the Services.
By creating a user account, You agree that the Services may send You text messages or call You as part of the normal business operation of Your use of the Services.
3. Intellectual Property Rights
All rights, title and interest in and to the Services (including the related software and media), the design of the Services and associated content including text, computer code, scripts, graphics, interactive features and the like, and the trademarks, service marks and logos contained therein (“Bout Material”) are owned by or licensed to Bout, subject to copyright and other intellectual property rights under Finnish and foreign laws and international conventions. Except as expressly provided in the Terms, Bout does not grant any express or implied rights to use Bout Material. You acknowledge and agree that You shall have no ownership or other property interest in the Services. You agree not to move or amend any proprietary notices or other ownership information from the Services.
4. User Material
Certain features of the Services may allow You to submit, upload, publish or otherwise make available information, data or material to Bout and/or to the Services (“User Material”). User Material may include, for example, textual, audio and visual content, feedback related to the Services, and information related to Your location. You may also choose to interact with other users. It is possible for others to obtain information about You that You provide to the Services. We are not responsible for the use of any information that You disclose to other users through the Services. Please carefully select the type of information that you provide through the Services.
As between You and Bout, You retain all intellectual property rights and title to the User Material. By providing User Material to Bout and/or the Services, You grant Bout a worldwide, perpetual, irrevocable, transferable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, and otherwise exploit in any manner such User Material in connection with the Services, without further notice to or consent from You, and without the requirement of payment to You. You may be able to adjust this grant in the privacy and other settings of the Services. Bout may also produce and use anonymized data for the purpose of further developing and optimizing the Services.
By making available User Material to Bout and/or to the Services, You warrant that You have the necessary rights and consents to submit, upload, publish and make available such User Material and that the User Material, or the submission thereof, does not infringe any third party rights or violate any legislation in force from time to time. Further, You warrant that You will not make available through the Services any User Material that is unlawful, disparaging, obscene, offensive, or otherwise inappropriate or that contains any viruses or any other harmful code. We may, but shall not be obligated to, review, monitor, or remove User Material, at Our sole discretion and at any time and for any reason, without notice to You.
5. Third-Party Services and Material
The Services may contain links to websites operated by third parties or feature content which is made available by third-party services and enable You to access and use certain third-party services. Use of any websites operated by third parties, third-party services and/or content in third-party services shall be, in addition to these Terms, subject to the relevant third-party service provider’s terms and conditions applicable to use of such third-party services or the applicable license(s) under which any such content is made available. Bout assumes no responsibility for such third-party services and/or content in third-party services.
These Terms shall be in addition to (and take precedence over where not prohibited) any terms and conditions, applicable to the distribution platform (such as an application store) through which You are acquiring the Services, agreed to between You and the relevant third-party entity.
6. Fees and Payment
The use of the Services may result in fees to You for the services or goods You receive from a Third Party Provider (“Fees”). After You have received services or goods obtained through Your use of the Services, You agree to pay the applicable Fees announced separately in connection with the relevant Service. Fees will be inclusive of applicable taxes where required by law. Fees paid by You are final and non-refundable, unless otherwise determined by Bout. However, Bout shall use reasonable efforts to assist You in case of erroneous payments and to refund related Fees. All Fees are due immediately and payment will be facilitated using the payment method specified in the Services, after which Bout will send You a receipt by email.
Bout reserves the right to establish, remove and/or modify Fees for any or all services or goods obtained through the use of the Services at any time in Bout’s sole discretion. Bout will use reasonable efforts to inform You of Fees that may apply, provided that You will be responsible for Fees incurred under Your user account regardless of Your awareness of such Fees or the amounts thereof.
You may elect to cancel Your request for services or goods from a Third Party Provider at any time prior to such Third Party Provider’s arrival, in which case You may be charged a cancellation fee. The applicable cancellation policy is available on the app and/or on
The Fees are intended to fully compensate the Third Party Provider for the services or goods provided. You understand and agree that, while You are free to provide additional payment as a gratuity to any Third Party Provider who provides You with services or goods obtained through the Services, You are under no obligation to do so. After You have received services or goods obtained through the Service, You will have the opportunity to rate Your experience and leave additional feedback about the Third Party Provider in question. Feedback can be sent to email@example.com.
We may create promotional codes that may be redeemed for user account credit, or other features or benefits related to the Services and/or a Third Party Provider’s services, subject to any additional terms that Bout provide. You agree that promo codes: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold or transferred in any manner, or made available to the general public; (iii) may be disabled by Bout at any time for any reason without liability to Bout; (iv) are not valid for cash; and (v) may expire prior to Your use. We reserve the right to withhold or deduct credits or other benefits obtained through the use of promo codes by You if we believe that the use or redemption of the promo code was in error, fraudulent, illegal, or in violation of the additional terms or these Terms.
7. Other costs
You are solely responsible for any costs (including any additional payment processing fees which may be applicable) You incur to access the Services through any internet, mobile or other communication service, such as any fees for downloading, installing, messaging, and other data usage on an Internet provider’s or mobile network, as well as for acquiring any additional features.
You are responsible for the cost of repair for damage to, or necessary cleaning of, Third Party Provider transportation vehicles and property resulting from use of the Services under Your user account in excess of normal “wear and tear” damages and necessary cleaning.
8. Service Availability and Support
We have the right to interrupt or restrict the provision of the Service temporarily due to e.g. maintenance measures, weather conditions, at nighttime or for similar reasons.
Bout shall have no obligation to provide support for the Services, but may, at its sole discretion, provide limited customer support in the Services.
11. Disclaimers / No Warranty
We are not responsible for the conduct, whether online or offline, of any user of the Services. You are solely responsible for your interactions with other users. We do not procure insurance for, nor are we responsible for, personal belongings left in the boat by You. By using the Services, You agree to accept such risks and agree that Bout is not responsible for the acts or omissions of users in the Services.
We cannot guarantee that each user is who they claim to be. Please use common sense when using the Services, including ensuring the user You have matched with is the same individual You see in person. We encourage You to communicate directly with the user prior to engaging in an arranged transportation service.
Opinions or other information or content made available through the Services, but not directly by Us, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. Under no circumstances will Bout be responsible for any loss or damage resulting from your reliance on information or other content posted by third parties, whether on the Services or otherwise.
Location data provided by the Services is for basic location purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate or incomplete location data may lead to death, personal injury, property or environmental damage.
To the maximum extent permitted by applicable law, BOUT MAKES NO WARRANTY OR REPRESENTATION, EITHER EXPRESSED OR IMPLIED, WITH RESPECT TO THE SERVICES, THEIR QUALITY, PERFORMANCE, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. AS A RESULT, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND YOU ARE ASSUMING THE ENTIRE RISK AS TO ITS QUALITY AND PERFORMANCE. BOUT MAKES NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR FREE, RELIABLE, TIMELY, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR REGARDING THE AVAILABILITY OF ANY SERVICES OR GOODS REQUESTED THROUGH THE USE OF THE SERVICES.
BOUT DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF THIRD PARTY PROVIDERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
You agree to indemnify and hold harmless Bout and its affiliates from all liabilities, claims and expenses, including reasonable attorneys' fees, arising from or related to (i) breach of these Terms or portion hereof, or any act or omission by You relating to the Services, and/or (ii) any actual or alleged infringement or misappropriation of third party intellectual property rights arising from User Material provided to Bout by or on behalf of You. Bout reserves the right to assume its own defense and/or control of any matter otherwise subject to indemnification by You hereunder.
13. Limitation of Liability
YOU HEREBY ACKNOWLEDGE AND AGREE BOUT HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY TRANSPORTATION OR DELIVERY SERVICES PROVIDED TO YOU BY THIRD PARTY PROVIDERS OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS.
BOUT SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST DATA OR PERSONAL INJURY OR PROPERTY DAMAGE RELATED TO OR ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICES, EVEN IF BOUT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BOUT SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD PARTY PROVIDER; OR (iii) FROM CAUSES BEYOND BOUT’S REASONABLE CONTROL. IN NO EVENT SHALL BOUT’S TOTAL LIABILITY TO YOU IN CONNECTION WITH THE SERVICES FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED FIVE HUNDRED EUROS (€500).
Some jurisdictions may not allow (some) limitations of liability. In such cases, some limitations may not apply to You.
Your right to use the Services granted under these Terms remains in effect until terminated by You or Us. You may terminate the license at any time by uninstalling or no longer accessing the applications relevant to the Services.
Bout may terminate these Terms or any Services with respect to You, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason. Bout will provide You with as much notice as it reasonably can of such termination, cessation or denial. However, Bout reserves the right to terminate these Terms or any Services with respect to You, or generally cease offering or deny access to the Services or any portion thereof, immediately at any time without notice if (i) You are in breach of these Terms, (ii) it is impractical to give such notice in the circumstances, or (iii) in Bout’s opinion, any delay in such termination would expose Bout or a third party to significant risk of harm or damage.
Upon termination in accordance with these Terms for any reason, You must cease all use of the Services and promptly delete any applications associated with the Services. Your termination of the license for any reason shall not release You from any liabilities or obligations set forth in these Terms which (a) have expressly been stated as surviving any such termination or expiration, or (b) remain to be performed, or by their nature would be intended to be applicable following any such termination or expiration.
Bout may assign or delegate its rights and obligations under the Terms, in whole or in part, to any person or entity at any time without Your consent. You may not assign or delegate rights or obligations under the Terms without Bout’s prior written consent.
17. Applicable Law and Disputes
These Terms shall be governed by and shall be construed in accordance with the laws of Finland excluding its choice of law provisions.
Any dispute, controversy or claim arising out of or relating to this Agreement or to the validity, breach or termination of this Agreement shall be finally settled by arbitration in Helsinki, Finland, by one arbitrator in accordance with the Arbitration Rules of the Finland Chamber of Commerce. The arbitration proceedings shall be conducted in English, unless agreed otherwise. The award and the proceedings shall be kept confidential except to the extent required to enforce the award. Additionally, You may have a legal right to submit a dispute related to these Terms to Your local consumer protection authority.
18. Allegations of Copyright Infringement
Bout respects the intellectual property rights of third parties. If You wish to send a notice of intellectual property infringement, including claims of copyright infringement, please contact use using the contact details below.
Business ID: 2883889-2
Address: Otakaari 5 A, 02150 Espoo, Finland
This Captain Addendum (“Addendum”) is an addendum to the Bout Terms and Conditions
(www.bout.fi/terms) (“Terms”) between you, a company providing transportation and/or delivery services,
(“You”) and Bout Oy Ab, a company registered in Finland with Business ID: 2883889-2 (“Bout” or “We”), and
sets forth additional terms and conditions applicable to Your provision of transportation and/or delivery
services (“Your Services”) through the Bout Platform. The terms and conditions of the Terms shall apply to this
Addendum. This Addendum replaces and supersedes any prior captain addendum or agreement between Bout and You that You have previously agreed to whether orally, electronically or in writing.
1. Captain Fare
You are entitled to a Captain Fare for Your Services performed for individuals using the Bout Platform
(“Passengers”), as provided in the Terms and this Addendum. “Captain Fare” for a completed ride consists of a fee announced on the Bout Platform separately in connection with the provision of Your Service. The amount of Captain Fare displayed to You is personal to You. The Captain Fare amounts may vary by factors such as the market where You provide Your Services or pick up a particular ride, the date You applied or became approved as a Captain, the boat type You use, and the type of service You are providing.
In situations where a Passenger cancels Your ride in violation of Bout’s cancellation policy, We may charge the
Passenger a cancellation fee on Your behalf. In those cases, You will earn a Captain Fare in the amount of the
cancellation payment. You agree Bout makes no representation or warranties concerning the Captain Fare amounts. Your Captain Fare amounts are subject to change in Bout’s discretion and any changes shall be published on the Bout Platform. By continuing to use the Bout Platform, You are deemed to accept these changes.
2. Additional Payments to You
In addition to the Captain Fare, You will receive the following payments, if applicable: (i) any tips provided by a Passengers to You, (ii) any tolls or surcharges We collect for remittance to You, (iii) any damage charges We
collect on Your behalf, and (iv) any bonuses or incentives You earn based on provision of Your Services.
3. Adjustments and Payment.
Bout reserves the right to adjust or withhold all or a portion of a Captain Fare or other payment owed to You
(except tips) (i) if We believe that You have attempted to defraud or abuse Passengers, Bout or Bout’s
payment systems, or (ii) in order to resolve a Passenger complaint. Bout’s decision to adjust or withhold the
Captain Fare or other payment in any way shall be exercised in a reasonable manner.
We will use reasonable efforts to ensure that Your Captain Fare and any other payments to You will be paid to
You based on the Stripe Terms. You acknowledge and agree that all payments owed to You shall not include
any interest and will be net of any amounts that We are required to withhold by law.
4. Bout Fees
In exchange for Your use of the Bout Platform and the services provided by Bout to You, You agree to pay Bout (and permit Bout to retain) a service fee (“Service Fee”) based on each ride You provide. The Service Fee amounts are set forth on the Bout Platform. For Your convenience, Bout may collect the Service Fee from
Passengers as part of the passenger fee on Your behalf to offset Your payment of such fees to Bout.
5. Payment Processing
Payment processing services are provided by Stripe and subject to the Stripe terms and conditions (available at https://stripe.com), which includes the Stripe Services Agreement (available at https://stripe.com/en-fi/ssa)
(collectively, the "Stripe Terms"). By using the Bout Platform to receive payment proceeds, You agree to be bound by the Stripe Terms, which may be modified from time to time. As a condition of Bout enabling payment processing services through Stripe, You authorize Bout to obtain all necessary access and perform all necessary activity on the Stripe Account to facilitate provision of Your Services as contemplated by this Addendum and Your relationship with Bout. You further agree to provide accurate and complete information about You and Your business, and authorize Bout to share it and transaction information with Stripe for the purposes of facilitating of the payment processing services provided by Stripe. Bout reserves the right to switch payment processing vendors or use alternate or backup vendors in its discretion.
6. No Additional Amounts
You acknowledge and agree that, for the mutual benefit of the parties, through advertising and marketing,
Bout may seek to generate additional demand for Your Services from new and existing Passengers. You
acknowledge and agree such advertising or marketing does not entitle You to any additional monetary
amounts beyond the amounts expressly set forth in this Addendum.
7. Captain Representations and Warranties
By providing Your Services as a Captain on the Bout Platform, You represent and warrant that:
(i) You provide Your Services solely as a legal entity with a business ID, not as an individual.
(ii) You possess a valid Captain’s license and are authorized and medically fit to operate the vehicle
You use for provision of Your Services and have all appropriate licenses, approvals and authority
to provide transportation to Passengers in all jurisdictions in which You provide Your Services.
(iii) You own, or have the legal right to operate, the vehicle You use when providing Your Services,
and such vehicle is in good operating condition and meets the industry safety standards and all
applicable statutory and state department of requirements for a vehicle of its kind.
(iv) You will not engage in reckless behaviour while driving, drive unsafely, operate a vehicle that is
unsafe to drive, permit an unauthorized third party to accompany You in the vehicle while
providing Your Services, provide Your Services as a Captain while under the influence of alcohol
or drugs, or take action that harms or threatens to harm the safety of the Passengers or third
(v) You will only provide Your Services using the vehicle that has been reported to, and approved by
Bout, and for which a photograph has been provided to Bout, and You will not transport more
Passengers than can securely be seated in such vehicle (and no more than the amount of
Passengers allowed by legislation and any applicable license applicable to the boat in question).
(vi) You will not, while using the Bout Platform to provide Your Services to Bout, operate as a public
or common carrier or boat taxi service, accept hails outside of the Bout Platform, charge for rides
(except as expressly provided in this Addendum), demand that a Passenger pay in cash, or use a
credit card reader to accept payment or engage in any other activity in a manner that is
inconsistent with Your obligations under this Addendum.
(vii) You will not attempt to defraud Bout or Passengers on the Bout Platform or in connection with
the provision of Your Services. If We suspect that You have engaged in fraudulent activity We
may withhold applicable Captain Fares or other payments for the ride(s) in question.
(viii) You agree that we may obtain information about You, including Your criminal and driving records,
and You agree to provide any further necessary authorizations to facilitate our access to such
records during the term of this Addendum.
(ix) You have a valid policy of liability insurance (in coverage amounts consistent with all applicable
legal requirements) that names or schedules You for the operation of the vehicle You use to
provide Your Services.
(x) You will pay all applicable federal, state and local taxes based on provision of Your Services and
any payments received by You.
You agree that You shall not use the Bout Platform to engage potential Passengers, and cancel the provision of Your Services before the ride or otherwise circumvent the Bout Platform with respect to such Passengers to
avoid payment of Service Fee due to Bout.
Bout does not provide transportation services, and Bout is not a transportation carrier. Bout is not a common
carrier or public carrier. It is up to You to decide whether or not to offer a ride to a Passenger contacted
through the Bout Platform, and it is up to the Passenger to decide whether or not to accept a ride from You.
We cannot ensure that You or the Passenger will complete an arranged transportation service. We have no
control over the quality or safety of the transportation that occurs as a result of the Your Services.
Bout Platform is not a navigation software and thus Bout shall not be held accountable for any error you make
as a Captain while providing Your Services. For the avoidance of doubt, You may not rely on the courses that
are show within the Bout Platform. As a Captain You must have knowledge of and use the necessary
navigational software and/or tools needed to provide Your Service.
You will defend, indemnify, and hold Bout harmless from any claims, actions, suits, losses, costs, liabilities and
expenses (including reasonable attorneys’ fees) relating to or arising out of Your use of the Bout Platform,
including: (1) Your breach of this Addendum or the documents it incorporates by reference; (2) Your violation
of any law or the rights of a third party, including Passengers, other captains, and individuals, as a result of
Your own interaction with such third party; (3) Your ownership, use or operation of a vehicle, including
provision of Your Services; and/or (4) any other activities in connection with Your Services.