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 PMD , 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 temporary possession and use of the PMD in a technically sound condition;
4.1.4. Independently bear the costs of maintaining the PMD 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 PMD, 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 PMD, as well as its technical condition, and monitor whether the operation of the PMD 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 PMD 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 PMD more than 1 kilometer outside the Ride Zone or in other cases that cause the Copyright Holder to reasonably suspect theft of the PMD, it shall be entitled to block the movement of the PMD (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 PMD 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 PMD 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 PMD by the User.
4.2.11. Put the PMD into power saving mode (decrease the speed) if the battery charge drops to a critically low level, depending on the model of the PMD.
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 PMD if the PMD 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 PMD Rental by the User and disable the PMD using technical means if the PMD Rental period exceeds the maximum PMD 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 PMD speed to 15 km/h.
4.3. The User Is Entitled to:Use the Mobile Application and the PMD on the terms and conditions provided for by the Agreement.
4.4. The User Is Obliged to:4.4.1. Before using the PMD, inspect it for damage, check the technical condition of the PMD and its suitability for operation, including during a zero trip (clause 6.5 of this Offer); in particular, when carrying out an inspection and checking the technical condition, it is necessary to make sure that the brakes and gas trigger are working, the body of the PMD intact and without visible damage, the main structural elements of the PMD (including the steering wheel, rack, wheels) are firmly fixed and do not wobble, the phone holder is intact and ensures proper fixation of the phone, in particular when moving on uneven surfaces.
4.4.2. If the PMD 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 PMD, the User pleads guilty to causing the damage during its Rental of the PMD 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 PMD for Rental and completing the Rental;
4.4.4. Use the PMD in strict compliance with its intended purpose;
4.4.4.1. Before using the PMD, the User is obliged to familiarize himself/herself with the rules for the safe use of the PMD, posted at:
https://whoosh-bike.ru/safety.
4.4.5. Not to sublet the PMD to third parties, and to use the PMD personally and not allow third parties to use the PMD rented in the User's account except in cases of Group Rides;
4.4.5.1 The User is not entitled to manage independently or transfer the PMD for use to third parties if such persons have not reached the age specified in clause 1.18 of this Offer and/or do not meet other criteria specified in clause 1.18 of this Offer;
4.4.6. Ensure the safety of the PMD 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 PMD, the User is prohibited from the following actions:
4.4.7.1 The User is prohibited from using the PMD 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 PMD, 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 PMD 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 PMD 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 PMD for transportation, or towing cargo; moving with more than one person on the PMD, as well as transporting children and animals; moving on the PMD 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 PMD 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 PMD;
4.4.7.6. The User is prohibited from folding the PMD (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 PMD, 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 PMD 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 PMD, 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 PMD or its individual parts, from changing any characteristics, and from making improvements to or from worsening the PMD;
4.4.7.11. During the Rental Period, the User shall not be entitled to leave the PMD 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 PMD has come to a complete stop.
4.4.8. Immediately notify the Copyright Holder via the Mobile Application about any damage to the PMD during Rental, disconnection of any of the systems, or other malfunctions or road accidents involving the PMD; and of violations of the functioning of the Mobile Application. In such circumstances, the User must stop using the PMD, 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 PMD and pay the license fee ;
4.4.13.1 Pay in full for the Rental of the PMD in a timely manner in compliance with the terms and conditions of this Agreement, even if the PMD 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 PMD.
4.4.15.1. For the purposes of clause 4.4.14 of this Offer,
proper parking of a PMD shall mean the performance by the User of the aggregate of the following actions, provided that none of the violations listed in clause 4.4.15.2 occurs simultaneously:
· arriving on the PMD at a Parking point marked on the map in the Mobile Application with the “P” sign and leaving the PMD at such point in an upright position supported by the PMD’s kickstand;
· where the PMD is equipped with a lock and the Parking is not Virtual (clause 1.13 of this Offer) – securing the PMD by the lock to a closed-loop (lockable) element of the parking structure and closing the lock;
· where special markings are present at the Parking point – leaving the PMD within such markings, and if there is insufficient free space within the markings – placing the PMD immediately adjacent thereto, parallel to the PMDs located within the markings (for the purposes of this Offer, a PMD placed, due to insufficient free space within the markings, immediately next to the markings and parallel to other PMDs shall be deemed placed within the markings);
· pressing the “Finish” button in the Mobile Application (or the relevant function button under another name, if named differently in the Mobile Application);
· sending to the Right Holder, via the Mobile Application (where the relevant request is displayed in the Mobile Application), photographs confirming proper parking of the PMD and meeting the following requirements:
o the PMD number must be visible in the photograph;
o the photograph must show that the PMD is placed on a hard artificial surface (asphalt, paving stones, etc.);
o where special markings are present at the Parking point, the photograph must show that the PMD is within such markings.
If, where the Mobile Application requests a photograph, the User is unable to submit a photograph via the dedicated form for technical reasons, or the User submits a photograph that does not meet the above requirements, the User may submit a photograph confirming proper parking of the PMD and meeting the requirements of this clause to the User support chat within the Mobile Application within
15 (fifteen) minutes after the trip ends.
If, where the relevant request is displayed in the Mobile Application, the User fails to provide a photograph confirming proper parking of the PMD and meeting the requirements of this clause, the User shall be
presumed at fault in improper parking of the PMD if the fact of improper parking is subsequently discovered by another User, the Right Holder, a representative of a supervisory authority, or any other third party;
· placing the PMD so that it does not obstruct the movement of pedestrians and/or vehicles (for example, the PMD should be placed as close as possible to a wall, fence, or the edge of the sidewalk and oriented along the wall, fence, or edge of the sidewalk rather than perpendicular thereto).
4.4.15.2. For the purposes of clause 4.4.14 of this Offer, parking of a PMD shall be deemed
improper if the User commits at least one of the following violations:
· the User fails to perform, or fails to fully perform, the required aggregate of actions set forth in clause 4.4.15.1;
· the PMD is left on any landscaping/amenity facility where the placement of vehicles is prohibited, including: lawns, green areas (both covered with vegetation and not covered with vegetation but intended for vegetation growth), children’s playgrounds, sports grounds, pedestrian paths (as defined in the Traffic Regulations), and other facilities where stopping/standing/parking/placing vehicles is prohibited under the Traffic Regulations and/or the improvement/amenity rules of the relevant municipality;
· the User has not ended the Rental in the Mobile Application and the PMD remains stationary for more than 30 minutes.
4.4.15.3. If proper parking is impossible for valid reasons related to technical difficulties in the operation of the Mobile Application or the PMD itself, then, upon receipt of confirmation from Support, the PMD may be parked on the roadside or on the sidewalk, provided that its placement does not obstruct the movement of pedestrians and/or vehicles. The User shall not park the PMD on tram tracks, at railway crossings, in tunnels, on overpasses, bridges and flyovers, on pedestrian crossings or closer than 5 m before them; on the carriageway near dangerous bends; in bicycle lanes; at intersections of carriageways and closer than 5 m from the edge of the intersecting carriageway; closer than 15 m from public transport stops or taxi stands; on lawns, green areas (both covered with vegetation and not covered with vegetation but intended for vegetation growth), children’s playgrounds, sports grounds, pedestrian paths (as defined in the Traffic Regulations), and other facilities where stopping/standing/parking/placing vehicles is prohibited under the Traffic Regulations and/or the improvement/amenity rules of the relevant municipality.
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 PMD 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 PMD 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 PMD, the User is obliged to comply with the traffic rules and be responsible for their violation. In this regard, when using the PMD, 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 PMD'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 PMD 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 PMD without holding the steering wheel with both hands
● cross the road at above ground, underground and other pedestrian crossings without dismounting the PMD
● 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 PMD in a car, bus, trolleybus, taxi or in any other means of transport (in any other way), to go take the PMD down into the metro, to ride on it or carry/haul it inside buildings, restricted areas, etc.
4.4.18.2. If the PMD exits (moves in any other way) outside the Travel Zone, the User is obliged to immediately return the PMD to the Ride Zone. The time spent by the PMD 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 PMD, the User is liable in the manner prescribed by the current legislation of the Russian Federation.
4.4.20. If the PMD includes a helmet, the User is obliged to inspect the helmet for damage and its suitability for use before using the PMD 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 PMD in good condition without any damage except for normal wear and tear.
4.4.21. The user is recommended to move on the PMD using protective equipment (helmets, knee pads, elbow pads, gloves and other protective equipment).
4.4.22. When using the PMD, the User is advised to follow measures to prevent the spread of coronavirus infection (in the territory of the city of Moscow, the recommendations of the Chief State Sanitary Doctor of the city of Moscow must be followed), and legislation in the field of sanitary and epidemiological welfare of the population must be observed.