Terms of Service
for use of the app "Lemonade Insurance" and the online portal on the website www.lemonade.com/fr
of Lemonade Insurance N.V.
These Terms of Service (hereafter “ToS
”) apply to the use of the app Lemonade Insurance (hereafter “App
”) as well as the Lemonade online portal on the website www.lemonade.com/fr
“) as provided by Lemonade Insurance N.V., Weesperstraat 61-105 Amsterdam, the Netherlands represented by Daniel Schreiber, (hereafter “Lemonade
”) and all services in connection with this, unless excluded from the scope of application of the ToS in accordance with Clause 1.2 below (the App, the Portal, and the services rendered within the framework of the App and the Portal, are hereafter together the “Services
Part of the Services are not any potential insurance contractual services, in particular not the granting of insurance cover. The ToS therefore do not apply to insurance contracts concluded through the Services, which are subject to specific conditions.
The use of the Services is subject exclusively to these ToS. Provisions in deviation of these ToS only apply where Lemonade has consented to them in writing.
Downloading of the App from a third party provider, e.g. through the Apple AppStore (for iOS devices) or the Google Play Store (for Android devices) is subject to the conditions of the respective third party provider.
Conclusion of Contract; Non-remuneration
Only consumers registered for the use of the Services are entitled to use the Services (hereafter "Registered User").
A user agreement is concluded upon successful completion of the registration.
In order to register for the App, it is necessary to install the App onto a mobile device and start it to complete the registration procedure.
The data requested by the App, or, as applicable, in connection with the Portal, must be given completely and correctly, however errors can be corrected at any time. In order to detect errors during the data input, Lemonade provides the user the technical means in the form of a common check for completeness (controls as to whether all mandatory fields have been completed).
After successful activation by the user, Lemonade will establish an individual user account for the user and inform the user of this through a notification in the App or in the form of information on the website. With the information on the successful establishment of a user account, the registration procedure is completed and a user agreement is in place between Lemonade and the Registered User regarding the use of the Services.
Lemonade stores the text of the contractual agreement. The user may retrieve and download the text of the contractual agreement in the form of these ToS at any time via the corresponding menu in the App or, as applicable, the Portal.
Lemonade does not claim any remuneration for the use of the Services. Users may, however, potentially incur connection fees in accordance with the tariffs contracted by the Registered User through his mobile telephone or internet provider.
Registered Users must ensure that the information given is up to date. Personal access data (such as passwords) must not be forwarded to third parties and must be maintained to protect them from the access by third parties. The password should be changed regularly for security purposes. Where there is reason to assume that unauthorised persons have gained knowledge of the access data, the user must inform Lemonade in text form and change his access data immediately.
Technical Requirements for the Use of the Services
A precondition for the use of the Services by the Registered User through the App is a web-enabled mobile device running iOS or Android operating systems in the version(s) specified as the minimum requirement during the download.
The use of the Services via the Portal is possible where the system used by the Registered User fulfils the following requirements: Web-enabled device, current browser.
The use of the Services also requires an internet connection with a sufficient data transmittal rate.
Lemonade reserves the right to adjust the Services in accordance with the market conditions on an ongoing basis. To utilise the Services, it is in particular necessary to keep the operating system or, as applicable, the App up to date. Adjustments may further lead to older devices no longer complying with the requirements, or only in a limited manner.
Services provided by Lemonade (Providing the Services)
The Services provided by Lemonade enable the Registered Users, in particular,
- to choose the insurance products offered in the App and in the Portal, in particular household and liability insurance;
- in order to conclude an insurance contract, to obtain offers for the conclusion of an insurance contract, initially by quotation from Lemonade for the desired insurance cover during communication with a chat bot;
- to conclude insurance contracts online;
- and to administer any existing insurance contracts online including the notification of potential insured events;
- or to potentially add additional insurance products to an existing insurance contract online.
For this purpose, Lemonade provides certain information for retrieval or download in the App and in the Portal.
Further information will be given to the user during the conclusion of the contract for these products. All insurance contracts, including the conclusion via the App or in connection with the Portal, are subject to specific conditions which will be provided to the user separately upon the conclusion of the insurance contract.
The Services offered by Lemonade will be provided within France only.
Lemonade aims to provide the Services 24 hours a day and 365 days a year, but does however not undertake to provide uninterrupted availability of the Services. The availability may be limited due to reasons of force majeure including strikes, lockouts and administrative orders, as well as due to technical or other measures, necessary in respect of e.g. the systems of Lemonade, the service provider or the network provider for orderly operation or improvement of the Services (e.g. maintenance, repair, system-related software updates, extensions). Disruptions to the Services may also result from short-term capacity shortfalls during peak utilisation of the Services or from disturbances of the telecommunications systems of third parties. Lemonade will undertake all reasonable efforts to remedy such disruptions immediately or to ensure actions to that effect. During any scheduled maintenance works, Lemonade will take into account the justified interests of the users, in particular by conducting the maintenance works at times of typically low usage.
The Registered User is granted only the non-exclusive, non-transferable and not sub-licensable right to use the Services in accordance with the provisions of these ToS. Further rights of use are not granted.
User Account; Prohibition of Abuse
Following conclusion of the user agreement, a personal user account is established for the Registered User. The Registered User ensures that the information communicated by him is up to date at all times, and keeps his access data secret, in particular secures his mobile device against unauthorised access, e.g. by password protection.
The Registered User must not use the Services in an abusive manner. Abusive use of the Services is, in particular, given where the Registered User
- provides details that are, according to the best of his knowledge, incorrect, or
- takes deliberate measures to evade technical protection measures.
The user commits to not undertake electronic attacks of any kind. An electronic attack is in particular the attempt to overcome or evade the security measures of Lemonade or render them inoperative in some other way, the use of computer programmes to automatically retrieve data, the use of and/or the distribution of viruses, worms, trojans, brute force attacks, spam or the use of other links, programmes or procedures which could be harmful for Lemonade.
In relation to the conclusion and performance of the user agreement, Lemonade will be liable to the full extent
- in the event of physical injuries or damage to body or health;
- in the event of a deliberate or grossly negligent violation of duty;
- in the event of guaranties, where agreed;
- if and where the scope of application of the product liability regime as set out under articles 1245 seq of the Civil code is applicable.
With regard to violations of material contractual duties, whose fulfilment is a prerequisite for enabling the proper fulfilment of the contract in the first place, and on whose fulfilment the contractual partner is commonly entitled to rely (cardinal duties, obligations essentielles) caused by the negligence of Lemonade or the legal representatives or vicarious agents (préposés) of Lemonade, liability is limited to the amount of damages foreseeable at the point in time of the conclusion of the contract, in respect of which the damages arising must typically be taken into account.
Beyond this, claims for damages are excluded.
Term and Termination; Blocking
The user agreement is for an indefinite term.
The Registered User may terminate the user agreement at any time without a period of notice via the corresponding function in the App or in the Portal. Lemonade is entitled to terminate the user agreement with a period of notice of two (2) weeks at all times.
The right to an extraordinary termination without notice for a material reason remains unaffected. A material reason is given for Lemonade in particular where the Registered User violates a prohibition in Clause 5.2.
The termination of the user agreement will not affect the existing insurance contracts.
In the event of material violations of the user's duties and in the event of material reasons to suspect a material violation of duty, Lemonade is entitled to block the Services to the user, in particular in the event of transmittal of deliberately incorrect or false personal data or details relevant to the insurance contract by the user. Lemonade will inform the user of the reasons for being blocked by email. Such a blocking will continue until the violation of duty has been remedied and/or the user has confirmed in a credible manner to refrain from a violation of duty in the future.
Information on Consumer Dispute Resolution
We participate in the consumer dispute resolution procedure of the Insurance Ombudsman. Information on the Insurance Ombudsman: the complaints procedure and contact details can be found at www.mediation-assurance.org
Postal address: La Médiation de L’Assurance, TSA 50110, 75441 Paris Cedex 09.
Amendments or supplements to this agreement shall be subject to the written form in order to be legally valid. The same shall apply in respect of amendments to this requirement of the written form. Oral or written collateral agreements do not exist.
If any provision of these ToS is or becomes invalid or void, this shall not affect the validity of the other provisions. In place of the not-included or invalid provisions of these ToS, statutory law shall apply. Where such statutory law does not exist in a particular case (regulatory gap) or would lead to an unreasonable outcome, the parties will commence negotiations in order to come to a valid provision which replaces the invalid provision with one which is as close as possible to it in an economic sense.
The laws of France shall apply, excluding the CISG. This choice of law shall apply only insofar as the protection granted by the mandatory provision of the laws of the state in which the consumer has his habitual residence remains valid.