4. Rights and Obligations of the Parties4.1. The Copyright Holder Is Obliged to:4.1.1. Provide the User with access to the Mobile Application and the ability to use it in accordance with the terms and conditions of the Agreement, with the exception of the cases provided for by the Agreement (in particular, clause 3.8 of this Offer);
4.1.2. Provide to the User through the Mobile Application information about the IMD , its main technical characteristics, the amount of the license fee, rental fees and other terms and conditions of the Agreement;
4.1.3. Provide the User with the temporary possession and use of the IMD in a technically sound condition, accelerating to a maximum speed of up to 25 km/h (taking into account the Speed Limit Zones — clause 1.8 of this Offer);
4.1.4. Independently bear the costs of maintaining the IMD arising in connection with its normal operation (except for the costs that are directly imposed upon the User by the Agreement);
4.1.5. Properly fulfill the other obligations arising from the Agreement and provided by the current legislation.
4.2. The Copyright Holder Is Entitled to:4.2.1. Verify the information, including the personal data provided by the User at the time of registration in the Mobile Application, as well as the other information specified in clauses 3.7-3.8 of this Offer;
4.2.2. Suspend or terminate the User's access to the Mobile Application (including blocking the User's account):
- in the cases established by Clauses 3.6 and 3.8 of the Offer
- if the Copyright Holder suspects fraudulent actions using the User's account or illegal actions involving the IMD, other users, or third parties
- if there are any grounds for waiving the Agreement by the Copyright Holder specified in Claused 9.2 of this Offer
4.2.3. Process the User's personal data submitted at the moment of registration in the Mobile Application and obtained during the conclusion and execution of the Agreement, incl. transfer particular personal data abroad in accordance with the law. Personal data processing conditions, incl. cross-border transfers can be found in the
Copyright Holder's Privacy Policy4.2.4. Carry out a check of the User's debt under the Agreement, as well as under other agreements between the User and the Copyright Holder, if any were concluded;
4.2.5. Monitor the safety of the IMD, as well as its technical condition, and monitor whether the operation of the IMD complies with the purposes established by this Agreement;
4.2.6. Refuse to conclude the Agreement if the User provides the data required for registration inaccurately or incompletely when registering in the Mobile Application;
4.2.7. Refuse to conclude the Agreement, or to suspend or terminate its validity if the User has a debt arising from the Agreement and/or other agreements concluded between the User and the Copyright Holder until the debt is repaid in full, as well if the User breaches the other terms and conditions of this Agreement;
4.2.8. Unilaterally amend the Offer (Agreement) (including the price, license fee and rental fee, and the IMD rental conditions) by posting a new version of this Offer with the amended terms of the Agreement on the Copyright Holder's Website (
https://whoosh-bike.ru/terms_russia/en) and/or in the Mobile App with mandatory reading of the amended Agreement terms by the User. The risk of not reading changes to the Agreement is borne by the User. If the User does not agree with the changes to the Agreement, they are obliged to stop using the Mobile App. Acceptance of changes to the Agreement and continued use of the Mobile App after amendments to the Agreement shall be considered consent to all changes.
4.2.9. If the User takes the IMD more than 1 kilometer outside the Ride Zone or in other cases that cause the Copyright Holder to reasonably suspect theft of the IMD, it shall be entitled to block the movement of the IMD (including with the help of the Copyright Holder's software and hardware) and to notify law enforcement agencies about the fact of theft, and to employ the other methods for protecting its rights that are provided for by the legislation of the Russian Federation;
4.2.10. If the Copyright Holder has sufficient reason to believe that the User may commit fraudulent actions, as well as if there are other manifestations of the User's bad-faith behavior (including the use of the IMD or the Mobile Application not in accordance with their purpose or another breach of the Agreement by the User), it shall be entitled to terminate performance under the Agreement unilaterally by notifying the User via the Mobile Application, as well as to suspend the User's access to the Mobile Application, to block the movement of the IMD using the software and hardware of the Copyright Holder (including without termination of the Lease), and, if necessary, also to forcibly terminate the Rental of the IMD by the User.
4.2.11. Put the IMD into power saving mode (decrease the speed) if the battery charge drops to a critically low level, depending on the model of the IMD.
4.2.12. If the Copyright Holder has any doubts regarding the legitimacy of using a registered account, the Copyright Holder has the right to email a request to the address specified by the User upon registration in the Mobile Application for additional information about the User's identity, including photographs of their passport or other ID and use other available methods to confirm the accuracy of the data provided by the User and compliance with the criteria specified in Clause 1.18 of this Offer. The Parties have agreed that if there is a failure to provide a response to the request, the Copyright Holder shall if the right to suspend, and after three days, to terminate this Agreement.
4.2.13. Reduce the maximum speed of the IMD if the IMD enters the Limited-Speed Zone (clause 1.8 of this Offer).
4.2.14. The Copyright Holder has the right at any time without notifying the User to change the functionality of the Mobile Application (update the Mobile Application) and to refuse to perform under the Agreement for a User, on whose mobile device an old (not updated) version of the Mobile Application is installed, or for a User whose mobile device is recognized as unsafe for the Mobile Application.
4.2.15 Unilaterally terminate the IMD Rental by the User and disable the IMD using technical means if the IMD Rental period exceeds the maximum IMD rental period determined in accordance with Clause 6.1 of this Offer.
4.2.16 In order to ensure safety, test Users before trip, determining their reaction speed, attentiveness and concentration, as well as other parameters. Such testing can be carried out in the evening, on certain sections of streets or in locations with a large concentration of people. In case of an unsatisfactory test result or failure to pass it, reduce the IMD speed to 15 km/h.
4.3. The User Is Entitled to:Use the Mobile Application and the IMD on the terms and conditions provided for by the Agreement.
4.4. The User Is Obliged to:4.1.4. Before using the IMD, inspect it for damage, check the technical condition of the IMD and its suitability for use, including within the framework of a zero trip (clause 6.5 of this Offer);
4.4.2. If the IMD is damaged or otherwise impaired prior to use, the User must notify the Copyright Holder and send photos to the Copyright Holder via the Customer Support Chat in the Mobile Application. If, prior to the start of use, the User did not notify the Copyright Holder about the existing damage or other deterioration of the IMD, the User pleads guilty to causing the damage during its Rental of the IMD if such were subsequently discovered by another User or the Copyright Holder;
4.4.3. Comply with the procedures provided for in Section 7 of this Agreement for accepting the IMD for Rental and completing the Rental;
4.4.4. Use the IMD in strict compliance with its intended purpose;
4.4.4.1. Before using the IMD, the User is obliged to familiarize himself/herself with the rules for the safe use of the IMD, posted at:
https://whoosh-bike.ru/safety.
4.4.5. Not to sublet the IMD to third parties, and to use the IMD personally and not allow third parties to use the IMD rented in the User's account except in cases of Group Rides;
4.4.5.1 The user does not have the right to control independently or allow the use of the IMD by third parties if such third parties are under 18 and/or do not meet other criteria specified in Clause 1.18 of this Offer.
4.4.6. Ensure the safety of the IMD from the moment it is accepted for Rental until the termination of the Rental;
4.4.7. Use the Copyright Holder's property carefully and take measures to prevent damage to the Copyright Holder's property. To ensure safety when using the IMD, the User is prohibited from the following actions:
4.4.7.1 The User is prohibited from using the IMD on uneven surfaces, outside sidewalks and paved paths, to ride over any pits, potholes, bumps, or other irregularities that differ from the road bed by more than 3 cm, as well as those with sharp drop-offs at the edges, or other features of the road bed that create an additional load on the wheels of the IMD, and puddles with a depth of more than 1 cm, regardless of the possibility of external determination of depth;
4.4.7.2. The User is prohibited to use the IMD for riding off-road or on rugged terrain;
4.4.7.3. The User is prohibited from, perform acrobatic stunts, jumping, hitting obstacles, curbs, or steps; using the IMD in competitions; drifting; put the electric motor into motion by pressing the power trigger when the Electric Scooter is not moving;
4.4.7.4. The User is prohibited from using the IMD for transportation, or towing cargo; moving with more than one person on the IMD, as well as transporting children and animals; moving on the IMD if the total weight (with clothes, bag, backpack, etc.) exceeds 100 kg;
4.4.7.5. After the end of the rental, the user is prohibited from leaving the IMD in hard-to-reach places (an entrance, closed area, etc.), from fastening it to unauthorized structures (railings of passages, entrance groups of shops and entrances, window bars, etc.) or to otherwise block the IMD;
4.4.7.6. The User is prohibited from folding the IMD (including using the standard mechanism);
4.4.7.7. The User is prohibited from removing stickers, identification numbers, barcodes, as well as applying labels, sticking stickers, making marks, damaging the paintwork of the IMD, or getting it dirty (except for normal dirtying of the platform with street shoes);
4.4.7.8. The User is prohibited from allowing the battery of the IMD to be completely discharged;
4.4.7.9. The User is prohibited from using technologies or taking actions that may harm the Site of the Copyright Holder, the Mobile Application, the IMD, or the other property of the Copyright Holder;
4.4.7.10. The User is prohibited from making any changes to the Mobile Application, as well as to the IMD or its individual parts, from changing any characteristics, and from making improvements to or from worsening the IMD;
4.4.7.11. During the Rental Period, the User shall not be entitled to leave the IMD motionless outside a Parking Place for more than 30 minutes (if the Rental is not completed);
4.4.7.12. The User is prohibited from pressing the End button (or the button with similar functionality but a different name if named differently in the Mobile Application) and Pause button (or the button with similar functionality but a different name if named differently in the Mobile Application) in the Mobile Application while the PMV is in motion. These buttons can only be pressed after the IMD has come to a complete stop.
4.4.8. Immediately notify the Copyright Holder via the Mobile Application about any damage to the IMD during Rental, disconnection of any of the systems, or other malfunctions or road accidents involving the IMD; and of violations of the functioning of the Mobile Application. In such circumstances, the User must stop using the IMD, and it is required to inform the Copyright Holder via the support chat in the Mobile Application or by email at support@whoosh.bike;
4.4.9. Take appropriate measures to protect its Mobile Application account, including the username and password, from unauthorized use by others, and immediately inform the Copyright Holder of the relevant information if such use is detected;
4.4.10. The User is not entitled to transfer its account data to third parties;
4.4.11. Use the Mobile Application only within the limits established by the Agreement and not violate the exclusive right of the Copyright Holder to the Mobile Application;
4.4.12. Monitor the updates of information on the Site of the Copyright Holder, as well as in the Mobile Application;
4.4.13. Pay the license fee and rental fees in a timely manner, in accordance with the terms and conditions of this Agreement, and to pay the other payments stipulated by the Agreement, and to provide that there are sufficient funds on the bank card specified by the User in pursuance of the terms and conditions of this Agreement to pay for the Rental of the IMD and pay the license fee ;
4.4.13.1 Pay in full for the Rental of the IMD in a timely manner in compliance with the terms and conditions of this Agreement, even if the IMD has switched to economy mode due to a decrease in the charge, or if it has switched off due to the fact that it was discharged during the previous Rental period by this User;
4.4.14. Upon completion of the use and termination of Rent, the User is obliged to correctly park the IMD.
4.4.15.1. For the purposes of clause 4.4.14 of this Offer, the correct parking of the IMD means that the User shall perform all of the following actions:
- the IMD's approach to the Parking point indicated on the map in the Mobile Application with the "P" sign;
- if there is a lock on the IMD and if the Parking Place is not Virtual (clause 1.13 of this Offer) the User is obliged to attach the IMD to a closed part of the parking structure;
pressing the "Finish" button in the Mobile Application (or a button of the corresponding functionality with a different name, if it is named differently in the Mobile Application);
- sending photos to the Copyright Holder using the Mobile Application that confirm the correct parking of the IMD;
- placing the IMD so that it does not interfere with the movement of pedestrians and/or vehicles (for example, the IMD should be located as close as possible to a wall, fence, or sidewalk edge and oriented along a wall, fence, sidewalk edge, and not perpendicular to them)
4.4.15.2. For the purposes of clause 4.4.14 of this Offer, the IMD shall be considered to have been parked incorrectly if the User has committed at least one of the following violations:
- The IMD is left outside the Ride Zone;
- The IMD is left outside the Parking Point indicated on the map in the Mobile Application;
- The IMD equipped with a lock and left in a non-Virtual Parking Place is not secured with a cable and/or if the IMD's lock is not closed;
- The User has not completed the Rental in the Mobile Application and the IMD is left motionless for more than 30 minutes;
- The User has completed the Rental, but the photos to confirming correct parking have not been sent in the Mobile Application or in the chat with the User Support Service in the Mobile Application;
- placing the IMD in a way that interferes with the movement of pedestrians and/or vehicles.
4.4.15.3. If it is impossible to park correctly for valid reasons related to technical difficulties with the operation of the Mobile application or the IMD itself, after receiving confirmation from the Support Service, the IMD can be parked on the side of the road or on a sidewalk, but in such a way that its positioning does not impede the movement of pedestrians and/or vehicles. The user should not allow the IMD to be parked on tramways, at railway crossings, in tunnels, on overpasses, bridges, viaducts, at pedestrian crossings and closer than 5 m in front of them; near dangerous turns on a roadway; on the lane for cyclists; at the intersection of roadways and closer than 5 meters from the edge of the roadway that is intersected; closer than 15 meters from the places where fixed-route vehicles stop or of passenger taxi parking spots.
4.4.15.4. The User must immediately notify the Copyright Holder via a chat with the User's support service in the Mobile Application if the IMD has been parked in accordance with clause 4.4.15.3 of this Offer, as well as regarding the reasons that caused the need for such parking (which prevented correct parking).
4.4.16. The IMD must be returned to the Copyright Holder in a technically sound condition, without any damage, using the procedures stipulated by the Agreement, including clause 4.4.14 of this Offer;
4.4.17. While using the IMD, the User is obliged to comply with the traffic rules and be responsible for their violation. In this regard, when using the IMD, the User, in particular, is obliged to:
4.4.17.1. to carry out movement on bicycle, bicycle-pedestrian paths or a lane for cyclists, the roadway of the bicycle zone;
4.4.17.2. if there are no bicycle and bicycle paths, a lane for cyclists, or there is no possibility to move along them or along the carriageway of the bicycle zone, it is allowed to move along the sidewalk or pedestrian path:
- on an electric scooter;
● on the sidewalk or in a pedestrian area;
● if there are no bicycle and bicycle-pedestrian paths, a lane for cyclists, a sidewalk, a pedestrian path, or there is no possibility to move along them or along the roadway of the bicycle zone, it is allowed to move along the shoulder;
● if there are no bicycle and bicycle-pedestrian paths, a lane for cyclists, a sidewalk, a pedestrian path, a shoulder, or there is no possibility to move along them, and the road is not a motorway and the movement of vehicles at a speed of no more than 60 km/h is allowed on the road, and the movement of bicycles is allowed, movement on the right edge of the carriageway of the road is allowed;
- on an electric bicycle:
● on the right edge of the road;
● on the curb if there is no option to ride on the right edge of the road;
● if there are no bicycle paths or bicycle lanes or no option to use them, as well as no option to ride on the right edge of the road or curb, it is permitted to ride on the sidewalk or in a pedestrian area;
4.4.17.3. if movement on a sidewalk, footpath, roadside or within pedestrian zones endangers or interferes with the movement of other persons, it is necessary to dismount and yield to pedestrians;
4.4.17.4. when driving in the dark or in conditions of insufficient visibility, it is necessary to turn on the headlight and the IMD's flashlight, and it is also recommended to have objects with reflective elements on you and to ensure the visibility of these objects to other road users;
4.4.17.5. comply with the other applicable provisions of traffic rules, including provisions that are not directly listed in this Offer, and to independently bear liability for their violation.
4.4.18. To prevent dangerous situations and traffic violations, the User is prohibited:
● to drive a IMD in a state of alcoholic, narcotic, toxic or other intoxication, as well as under the influence of medications that worsen reaction or attention, in a painful or tired state that jeopardizes traffic safety, as well as to refuse to undergo a medical examination procedure at the request of an authorized public officer
● operate IMD without holding the steering wheel with both hands
● cross the road at above ground, underground and other pedestrian crossings without dismounting the IMD
● cross the road when prohibited by stoplights
● interfere with other road users
● violate traffic rules in accordance with Clause 4.4.17. Offers, including riding in the opposite lane of bicycle infrastructure.
4.4.18.1. Both during the Rental Period and outside the Rental Period, the User is prohibited from transporting the IMD in a car, bus, trolleybus, taxi or in any other means of transport (in any other way), to go take the IMD down into the metro, to ride on it or carry/haul it inside buildings, restricted areas, etc.
4.4.18.2. If the IMD exits (moves in any other way) outside the Travel Zone, the User is obliged to immediately return the IMD to the Ride Zone. The time spent by the IMD outside the Ride Zone is included in the Rental Period and is subject to payment.
4.4.19. Prevent harm to the life, health and property of third parties, including other road users. If harm is caused by using the IMD, the User is liable in the manner prescribed by the current legislation of the Russian Federation.
4.4.20. If the IMD includes a helmet, the User is obliged to inspect the helmet for damage and its suitability for use before using the IMD with the helmet. If the helmet is damaged or spoiled in any other way (with the exception of normal wear and tear), inform the Right Holder before using it. If the User fails to notify the Right Holder about helmet damage before the start of use (with the exception of normal wear and tear), the User is considered to have caused the damage to the helmet during their Rental if such damage was discovered by another [subsequent] User of the same helmet or the Right Holder in the future. The helmet must be returned to the Right Holder together with the IMD in good condition without any damage except for normal wear and tear.
4.4.21. If the IMD includes a helmet, the User is recommended to ride the IMD while wearing the helmet properly.