PLEASE NOTE: These Terms & Conditions only apply to the territory of Russia. Therefore, they will not be legally binding in any other state.
Unless you're in Russia, please check the Terms & Conditions applying to the country of your location.

PUBLIC OFFER (STANDARD TERMS AND CONDITIONS)

on concluding the Agreement on providing the right to use the Whoosh Micromobility Platform (Terms of Service)
Place of the conclusion of the contract: Moscow, Russian Federation
(amended October 14, 2024)

This document is a public offer (hereinafter also referred to as the "Offer" or "Public Offer") of the Limited Liability Company "WHOOSH" represented by its General Director Dmitry Chuiko, acting on the basis of the Charter, hereinafter referred to as the "Copyright Holder", addressed to an individual with legal capacity (an RF citizen, foreign citizen, or stateless person), hereinafter referred to as the "User"), and when the Copyright Holder and the User are referred to jointly, the "Parties", and separately as a "Party", on the conclusion of an Agreement on granting the right to use the Whoosh Micromobility Platform (hereinafter also - " Agreement ", "Terms & Conditions") on the conditions set forth in this Offer.

4. Rights and Obligations of the Parties

4.1. 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 Policy

4.2.4. 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 doubts about the legality of the use of the registered account, the Copyright Holder shall have the right to send to the e-mail specified by the User when registering in the Mobile Application a request to provide additional information about the User's identity, including photos of the pages of its passport, or of another identity document. 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 transfer the IMD for use to third parties under sublease, as well as to use the IMD personally, except in cases of Group Trips;

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.

5. Payment Amount, Procedures and Form of Payment

5.1. Payments shall be made in accordance with the procedures and under the conditions determined by the current legislation and the rules of the relevant payment systems. Non-cash payments under the Agreement, including the payment of the license fee, rental fees, fines and other payments provided for by the Agreement, shall be made by direct debiting of funds from the User's bank card in accordance with the Tariffs.

5.2. When accepting this Offer, the User expresses its unconditional consent to the sending by the Copyright Holder of orders, requests, claims to the User's bank, as well as to the direct debiting of funds that make up the license fee, rental fees, fines and other payments provided for by the Agreement.

5.3. The amount of the license fee and rent as well as the procedures for their payment shall be governed by this section 5 of the Offer, as well as by the Tariffs and, if the User activates the Subscription, the description of the Subscriptions available in the Mobile Application. If the provisions of the Offer contradict the provisions of the Tariffs and the description of the Subscriptions, the provisions of the Tariffs and the description of the Subscriptions shall prevail. In the event of a conflict between the provisions of the Tariffs and the description of the subscriptions, the descriptions of the Subscriptions shall prevail.
5.3.1. If applicable, the choice of a specific Rate may also change the terms of use of the Mobile Application (a description of the Rate is available in the Mobile Application). Such conditions may include conditions on the number of IMDs that the User may rent as part of a Group Trip; the duration of the Booking period; the cost of Insurance; cancellation of the blocking on the User's bank card of the deposit provided for in paragraph 5.8 of this Offer, as well as other conditions specified in the Rate description.

5.4. License Fee

5.4.1. For the License provided in accordance with the Agreement, the User shall pay to the Copyright Holder license fee in the amount established by the Tariffs.

5.4.2. The license fee includes the following components:

5.4.2.1. If the User has not purchased any of the available Whoosh Pass Subscriptions:
(a) a fixed payment in the amount established by the Tariffs charged to the User for each use of the Mobile Application functionality for the start of each new IMD Rental (unlocking the IMD, start of the trip);
(b) the license fee for each 1 minute of use of the Mobile Application during the IMD Rental period in accordance with the rate specified in Rates (per-minute rate). Partial minutes are rounded up to the nearest full minute.

5.4.2.2. If the User purchases any of the available Whoosh Pass Subscriptions:
(a) the fee for the Subscription, the amount and procedure for payment of which is determined by clause 5.6.3 of this Offer, as well as the Tariffs and description of the Subscription;
(b) the license fee in accordance with the per-minute rate specified in clause 5.4.2.1 (b) of this Offer;
(c) the Tariffs and/or the description of the Subscription may provide for the complete cancellation of the license fee specified in clause 5.4.2.1 (a) of this Offer for the duration of the Subscription. In this case, during the validity period of the corresponding Subscription, such license fee shall not be charged and must not be paid, and it is not included in the amount of the license fee. If the Tariffs and/or the description of the Subscription do not provide for the complete cancellation of the license fee specified in clause 5.4.2.1 (a) of this Offer, the corresponding payment shall be included in the license fee.

5.4.3. If the User activates the Beginner Mode, the license fee is calculated in accordance with the conditions specified in the Mobile Application.

5.5. Rental Fees

5.5.1. The rental fee for the IMD Rental period depends on the actual IMD Rental period by the User and is calculated based on the rate set for 1 minute of Rental. Partial minutes are rounded up to the nearest full minute. The rental rate is dynamic and depends on various factors, including the level of demand for IMD and the IMD's battery charge at the start of the ride. The specific rate to be applied to the IMD Rental is specified in the Whoosh Mobile Application when the User selects the IMD but before the start of the Rental.

5.6. Whoosh Pass Subscriptions

5.6.1. The User has the right, using the functionality of the Mobile Application, at any time during the period of validity of the Agreement to purchase a Whoosh Pass Subscription in accordance with one of the options available in accordance with the description of the Subscriptions (to activate the Subscription). Only one Subscription can be activated at a time.

Furthermore, the User is entitled to purchase a new Subscription during the validity period of the previously activated Subscription. In this case, the fee for the newly purchased Subscription shall be debited at the time of its purchase, and the activation of a new Subscription shall be carried out on the day following the last day of the validity period of the previous Subscription.

5.6.1.1. The Subscription action will be available to the User only within one or a single Geographical area of IMD use. The geographical area of the User's location is determined using the functionality of the Mobile Application in automatic mode.
If the User is not located in the Geographical area where the IMD can be used under the Agreement, it will be impossible to purchase a Subscription.

5.6.1.2. Unless otherwise stated in the description of the Subscription, the User may use its account only once to try the Subscription without being charged.

5.6.2. Activation of the Subscription entails a change in the terms of the Agreement for the duration of such a Subscription in accordance with the description of the Subscription, including the following changes (unless otherwise specified in the description of the Subscription):


5.6.2.1. Changing the conditions regarding the amount of the license fee in accordance with clause 5.4.2.2 of this T&C;

5.6.2.2. Other conditions specified in the description of the Subscription. Such conditions may include conditions regarding the number of IMD that the User can accept for Rental within the framework of a Group Trip; the duration of the Booking period; the cost of Insurance; canceling the block on the User's bank card of the deposit provided for in clause 5.8 of this T&C, as well as other conditions.


5.6.3. At the moment of activation of the Subscription option selected by the User, excluding the Trial period, the User's bank card will be charged the Subscription fee specified in clause 5.4.2.2 (a) in the amount specified in the Subscription description. In the cases established by the second paragraph of clause 5.6.1 of this T&C, the Subscription fee shall be debited from the User's bank card at the time of purchasing such a Subscription in the Mobile Application, but before activating such a Subscription.


5.6.4. The Whoosh Pass Subscription selected by the User shall be valid for the period specified for a specific type of Subscription in the Subscription description, and it is activated using the following procedures:
from the activation of the Trial period;
from the moment the full amount of the Subscription fee is received on the bank account of the Copyright Holder, if the Subscription previously purchased by the User is not valid at the time the User pays the Subscription fee;
from the day following the last day of the validity period of the previous Subscription, if the Subscription previously purchased by the User is valid at the time the User pays the Subscription fee;

5.6.5. If the balance on the User's bank card is insufficient to pay for the Subscription, the activation and/or purchase of the Subscription, except for the Trial period, will not be carried out. In any case, to activate the Trial period, the User must link its bank card to its account in the Mobile App.


5.6.6. At the end of the Subscription period, Including the Trial period, the corresponding Subscription is activated again for the same period automatically (Subscription renewal) if:
The User has not disabled the renewal of the Subscription in the Mobile Application;
the terms of the current Subscription have not been changed by the Copyright Holder in accordance with clause 5.6.8 (in particular, if, as a result of such changes, the T&C and/or the description of Subscriptions no longer provide for Subscriptions on terms corresponding to the terms of the current Subscription);
before the end of the validity period of the current Subscription, the User has not acquired a new Subscription (paragraph two of paragraph 5.6.1 of this T&C).
Subscription renewal is carried out an unlimited number of times after the end of each Subscription period.
At the same time, the conditions of the Subscription for each new period of its validity are determined by the conditions contained in the description of the corresponding Subscription on the date of its payment for the corresponding period (regardless of the date of its activation). The User is obliged to monitor changes in the terms of the Subscription in the Mobile Application on his own and, if he does not agree with the change in such conditions, disable the automatic renewal of the Subscription.

5.6.6.1. The User may refuse to purchase (renew) the Subscription via the Mobile App before the expiration of the trial period of the Subscription. If the User uses the Trial period, the Rights Holder will separately inform the User by push notification of the end of the Trial period 24 (twenty-four) hours before the calculation of the Subscription Fee for the next period in accordance with paragraph 5.6.3. of this Offer.


5.6.7. Prolongation of the Subscription in accordance with clause 5.6.6 shall be carried out subject to the debiting of the subscription fee from the User's bank card, while the Subscription shall be considered to have been extended for the next period from the moment the corresponding payment is received to the settlement account of the Copyright Holder. If there are insufficient funds on the User's bank card to pay for the Subscription, the Subscription will not be automatically prolonged.


5.6.8. The Copyright Holder has the right at any time to unilaterally change the terms and conditions of the Subscription by posting new terms and conditions in the description of the corresponding Subscription in the Mobile Application. The new Subscription terms apply to Subscriptions paid for (including by prolongation of the Subscription) on the day such terms are posted by the Copyright Holder in the Subscription description or later and do not change the terms of the subscriptions that have been paid for previously. The User is obliged to independently monitor changes in the terms of the Subscription in the Mobile Application.



5.6.9. The User has the right at any time during the validity period of the Subscription to unilaterally refuse the automatic prolongation of the Subscription by disabling the corresponding function in the Mobile Application.


5.6.10. The Copyright Holder is entitled to unilaterally cancel the automatic prolongation of the Subscription for the next period in the following cases:
5.6.10.1. if the User has never accepted the IMD for Rent during the current period of the Subscription;
5.6.10.2. if the User violated the Agreement during the current period of validity of the Subscription.

5.6.11. The Copyright Holder is not responsible for cases when, for technical reasons, the fee for the Subscription from the bank card has not been debited and the Subscription has not been activated (including for the next period using the procedures for prolongation).

5.6.12. From the moment when the Subscription is terminated, the relations of the Parties shall be governed by the terms of the Agreement without applying the terms and conditions contained in the description of the Subscriptions.

5.7. Beginner mode
5.7.1. When making the first 3 (Three) trips after registering in the Mobile Application, the User has the right to activate the Beginner Mode, unless otherwise specified by the Rate.
5.7.2. Beginner Mode is activated using the functionality of the Mobile Application by pressing the appropriate button (“Beginner Mode” button) or by switching the IMD to energy saving mode after the start of the trip.
5.7.3. After activating the Beginner Mode, the backlight, headlight and sim lamp turn on, and the maximum speed of the sim is limited to 15 km/h.
5.7.4. Activation of the Beginner Mode also entails a change in the conditions regarding the amount of the license fee, in accordance with clause 5.4.3. of this T&C.
5.7.5. When traveling in a group, the number of IMDs accepted for Rent is equal to the number of individual trips.
5.7.6. Starting from the 4th (Fourth) trip, the activation of the Beginner Mode will not be available to the User.

5.8. Blocking of the Deposit

5.8.1. In order to guarantee payment of the license fee, as well as the rent, the Copyright Holder has the right to block the deposit amount of up to 1,500 (one thousand five hundred) rubles on the User's card at the time of the start of the Lease. The copyright holder removes the blocking of the specified amount after full payment of the trip (including the license fee and rent accrued as a result of the trip) By the User, and the funds remain on the User's bank card.

5.8.2. If the aggregate amount of the license fee and rental fee charged during the trip is less than 500 (five hundred) rubles, the Copyright Holder shall have the right to remove the blocking of the deposit before the User pays for the trip.

5.8.3. If there are insufficient funds on the User's bank card to pay for the trip (including license fees and rental fees) at the time of their debiting in accordance with section 5.9 of the Offer, the amount of the deposit specified in clause 5.8 may be debited by the Copyright Holder in full for the trip or in the part covering shortfall in the amount necessary to pay for the trip.

5.9. Procedures for Debiting Funds at the End of a Trip

5.9.1. Upon completion of the trip, the following payments accrued during the trip are debited from the User's bank card:

- the license fee specified in clause 5.4.2.1 (a) of the Offer (if applicable);

- the license fee specified in clause 5.4.2.1 (b) of the Offer;

- the rental payment specified in clause 5.5.1 of this Offer.

5.9.2. The funds specified in clause 5.9.1 are debited immediately after the termination of the Lease. If the total amount of payments specified in clause 5.9.1 of the Offer during the Rental of the IMD actually exceeded the deposit amount according to clause 5.8.1. The Right Holder has the right to block the deposit again every time the specified limit is exceeded in accordance with clause 5.8.1. Offers, or debit funds in the amount of the deposit from the User's account until the User has terminated the Lease.

5.9.3. In the event of insufficient funds to cover the payments specified in Clause 5.9.1 of this Offer, or the impossibility of crediting them from the User's account, the Copyright Holder has the right to:
- Credit the funds in full or part to pay the amount owed both during the IMD Rental and after its completion at any time when funds appear on any bank card specified by the User in fulfillment of the terms of the Agreement.
- in case of reaching the User's debt in an amount exceeding the deposit amount, as set out in clause 5.9.2., forcibly terminate the IMD Lease;
- Restrict the User's access to the Mobile Application by blocking their account to prevent the renewal of Rentals until the User has fully paid the amount owed under the Agreement.
The Copyright Holder reserves the right to apply one or more of the measures specified in this Clause at its own discretion. The Copyright Holder shall notify the User of the application of any of the measures in the Mobile Application or by other available means.

5.10. Fine Debiting Procedures

5.10.1. At the moment a violation of the Agreement by the User is detected, for which a fine is provided for by the terms and conditions of the Agreement, the Copyright Holder shall the right to debit the amount of the corresponding fine from the User's bank card. If there are insufficient funds on the User's bank card, funds shall be debited to pay the fine in installments as funds are received on the User's card.

5.10.2. If, after debiting the fine in accordance with clause 5.9.1 of this Offer, the Copyright Holder establishes the unreasonableness of such debiting (in particular, due to the absence of a violation of the Agreement by the User or the absence of the User's fault in committing the corresponding violation), the Copyright Holder shall refund the money debited from the User's bank card to pay for the fine. Such a return must be made by the Copyright Holder no later than 10 calendar days from the date the User sends the corresponding claim to the Copyright Holder using the Mobile Application.

6. Term of Lease (Rental) of the IMD


6.1. The IMD rental period is calculated in minutes and hours. Partial minutes are rounded up to the nearest full minute. The maximum IMD rental period cannot exceed 4 (Four) hours, and for the first 3 (Three) ride of the User after their registration in the Mobile App, the maximum IMD rental period can be reduced by the Right Holder up to 60 (Sixty) minutes. In this case, the maximum IMD rental period is communicated by the Copyright Holder to the User via push notification within five minutes from the start of the ride. Upon the expiration of the specified period, the Copyright Holder is entitled to forcibly terminate the Rental by the User of the IMD and block the movement of the IMD using software and hardware.

6.2. The IMD rental period is calculated after pressing the Start Ride button in the Mobile Application (or the corresponding button with a different name if named differently in the Mobile Application) or after carrying out a special combination of actions on the IMD controls with the wKey feature or after activating the IMD using a special card with the NFC-start function until the User ends the IMD rental by pressing the End button (or the corresponding button with a different name if named differently in the Mobile Application) or by pressing the special combination of IMD controls as part of the wKey or using a special card with the NFC-start function in the Mobile Application, taking into account Clause 6.3 of this Offer, and upon request of the Copyright Holder in the Mobile Application, sending a confirmation photograph of the parked IMD in the Mobile Application.

6.3. Pressing the "Finish" button in the Mobile Application (or the button with the corresponding functionality that has a different name, if it is named differently in the Mobile Application) results in the termination of the Rental only if the IMD is located in the Parking Zone indicated on the map in the Mobile Application. If the IMD is outside such a zone, pressing the corresponding button will not result in the termination of the Rental and the Rental period will continue until its completion by the User in the proper manner.

6.4. The User is not entitled to use the IMD outside the Rental period determined in accordance with clause 6.2 of this Offer.

6.5. To check the technical condition of the IMD, as well as to read the terms of the Rental, including the terms on the amount of the rental amount and license fee when using the wKey or NFC-start functions , the User has the opportunity to use the IMD for a trial period of no more than 40 seconds from the start of the ride and to travel a distance of no more than 100 meters. A ride completed by the User during the trial period (a ride lasting less than 40 seconds with a distance of less than 100 meters) is not recognized as an IMD Rental in accordance with the Agreement ("Zero Trip"). The Rental price and license fee for a Zero Trip, including the license fee provided for in Clause 5.4.2.1 (a), are not charged or collected. If a Zero Trip condition (time or distance) is exceeded, such a ride is not considered a Zero Trip and is recognized as an IMD Rental, the duration of which is calculated in accordance with Clause 6.2 of this Offer.

7. IMD Acceptance and Transfer Procedures

7.1. Acceptance and transfer of the IMD from the Copyright Holder to the User within the framework of the Rental shall be carried out as follows:

7.1.1. A User who does not use the wKey feature or NFC-start function selects a specific IMD on the map in the Mobile Application. Using their device's camera, the User scans the QR code or NFC tag on the IMD using the device's NFC reader. The User using the wKey or NFC-start functions selects a specific IMD at its location and, in the event of using the wKey, presses a special combination of IMD controls, or in the case of using NFC-start, applies a special card to the IMD Dashboard (in both cases, the User must have a device with the Mobile Application installed in which the User is authorized, and Bluetooth must also be enabled to use wKey).
In this case, the Mobile Application includes the following information about the selected IMD: location, rate, charge level, and information about the choice of Insurance (the option to deactivate Insurance).
When selecting an IMD, the User must check the sufficiency of funds on the bank card linked to their account in the Mobile Application.

7.1.1.1 Using the Mobile Application, the User can book a specific IMD at the tariff and for the period indicated in the Mobile Application. The booking can be canceled by the User through the Mobile Application. If the Booking is not canceled and the IMD is not accepted for Rental by the User before the end of the Booking period, the Booking ends.

The Copyright Holder is entitled to refuse a Booking to the User if the User has previously canceled one or more Bookings in a row.

It is allowed for one User to book several IMD.

7.1.1.2 It is allowed for one User to rent more than one IMD using one account — a Group Trip. In this case, the User can only transfer the IMD for driving to a third party who has reached the age of 18. In the case of a Group Trip, the User, and not the third party to whom the IMD was transferred, shall be responsible for all the property of the Copyright Holder and for compliance with the terms of use of the IMD under the Agreement. All monetary obligations associated with the use of several IMD (including payment of license fees, rental fees, as well as penalties for violation of the Agreement during a trip started from the User's account) are assigned to the User and cannot be assigned by the User to a third party to whom the User actually transferred control of the IMD during the Rental.

At the start of a Group Trip, each Rental is started, as well as ended, by the User separately. The maximum number of rented IMD for a Group Trip in one account is 3 (Three), and it can be increased with the purchase of a Subscription by the User, if this is provided for by the description of the corresponding type of Subscription.

7.1.2. By pressing the Start Ride button in the Mobile Application (or the corresponding button with a different name if named differently in the Mobile Application) or completing all the actions necessary to rent an IMD using the wKey or NFC-start (in accordance with the wKey Terms of Use and NFC-start Terms of Use), the user confirms their acceptance of the selected IMD and the rate applied to its use (in relation to both the license fee and rental price).

7.1.2.1 The User can use the additional service and purchase the Insurance service. The User regulates the inclusion or non-inclusion of the Insurance service in the cost of the trip before starting the trip on the screen of the Mobile application. The User confirms its consent to purchase insurance and its cost indicated in the Mobile application at the moment of pressing the "Start Ride" button (or a button with the corresponding functionality that has a different name, if it is named differently in the Mobile application) when the Insurance service is activated. The cost of the insurance, the insurance company and instructions for actions in the event of an insured event are spelled out in the Mobile Application, and are also available at https://data.whoosh-bike.ru/Документы/Страхование/whooshoffer_NS_GO_PR_49.pdf.

7.2. Acceptance and transfer of the IMD from the User to the Copyright Holder at the end of the Rental shall be carried out as follows:

7.2.1. The User shall park the IMD at the Parking Point marked on the map in the Mobile Application with the "P" sign, it shall press the "Finish" button in the Mobile Application (or the button with the corresponding functionality that has a different name, if it is named differently in the Mobile Application), and at the request of the Copyright Holder it shall send a photo of the general view of the parked IMD through the Mobile Application, and it shall also fasten the IMD with a lock to the parking place (to the closed part of the structure so that the cable makes it impossible to use the IMD without first opening the lock) if there is a lock and if the parking is not Virtual.
A user using the wKey feature can also end the Rental when the IMD is at a Parking Area by pressing a special combination of IMD controls. The User using the NFC-start function, when renting an IMD with a reader, can also end the Rental when the IMD is in a Parking Area by applying a special card to the IMD Dashboard.

7.2.2. Provided that the User parks the IMD correctly in accordance with clause 4.4.14 (taking into account clauses 4.4.15.1-4.4.15.4) of this Offer, after the Copyright Holder receives photos of the general view of the parked IMD, confirming correct parking, (if requested by the Copyright Holder), the IMD is considered to have been properly transferred by the User to the Copyright Holder.

7.2.3. Upon completion of the Rental by the User, the User receives a message from the Copyright Holder in the Mobile Application indicating the amount to be paid (including the amount of the license fee and rent). In this case, the User's receipt of the corresponding message is not a confirmation of the Copyright Holder of the correct parking of the IMD by the User. Violations of the Agreement related to the parking of the IMD may be identified by the Copyright Holder after the end of the Rental.

8. Liability of the Parties under the Agreement

8.1. The Parties shall be liable for non-fulfillment or improper fulfillment of the obligations provided for by this Agreement and by the legislation of the Russian Federation.

8.2 If the User delays payment of the license fee and rental fees under the Agreement for more than 48 hours, the Copyright Holder is entitled to charge the User a penalty interest of 0.1 % of the indebtedness amount for each day of delay.

8.3 Except as specified in clause 8.2 of this Agreement, if the User delays the payment of other payments under the Agreement for the period of more than 14 (fourteen) calendar days from the date the Copyright Holder sends a request for payment of the corresponding payment to the User, the Copyright Holder shall be entitled to charge the User late penalty interest of 0.1 % of the amount of debt for each day of delay. The late payment penalties shall be charged until the User pays off the resulting indebtedness in full.

8.4. If the User violates the terms of the Agreement, the User shall pay a fine of 500 (five hundred) Rubles for the following violations (if, when committing the corresponding violation, the IMD was not damaged or lost):

8.4.1. finishing a trip in a place not indicated as a Parking Point with a "P" sign on the Mobile Application's map (Clause 7.2.1 of the Offer)
8.4.2. securing the cable to an unsecured part of the parking structure and/or not locking the IMD when the Rental Period has ended (if there is a lock on the IMD and if the Parking is not Virtual) (Clause 7.2.1 of the Offer), for Electric Bicycles — 1,000 (one thousand) Rubles
8.4.3. leaving the Limited Area on the IMD or otherwise moving the IMD outside the Limited Area, providing the User of the IMD returns the IMD to the Limited Area within 30 minutes (clause 2.2.2 of the Offer)
8.4.4. taking the IMD onto above-ground transport (car, bus, taxi, etc.) (Clause 4.4.18.1 of the Offer)

8.5. If the User breaches the provisions of the Agreement, the User shall pay a fine in the amount of 1,000 (one thousand) rubles for the following violations (if the commission of the corresponding violation did not result in damage to the IMD and/or loss of the IMD):

8.5.1. riding or otherwise moving the IMD outside the Ride Zone and the User's failure to return the IMD to the Ride Zone for more than 30 minutes (clause 2.2.2 of this Offer);
8.5.2. leaving the IMD without movement outside the Parking lot during the Rental period (if the Rental has not been completed) for more than 30 minutes (clause 4.4.7.11 of this Offer);
8.5.3. taking the IMD in the metro, as well riding the IMD inside buildings and in restricted areas or to hard-to-reach areas (entrance ways, private territory, etc.), or locking it to unauthorized structures (railings of entrance ways, entrance groups of stores and entrance ways, window bars, etc.) or otherwise blocking the IMD (Clause 4.4.7.5., 4.4.18.1 of this Offer);
8.5.4. allowing the battery of the IMD to completely discharge (clause 4.4.7.8 of this Offer);
8.5.5. incorrect parking of the IMD when the User has committed two or more of the breaches listed in clause 4.4.15.2 of this Offer.
8.5.6. cross the road at above ground, underground and other pedestrian crossings without dismounting the IMD (Cl. 4.4.18).

8.6. If the User violates this Agreement and the violation results in the injury of third parties by the User's fault, the User shall pay a fine in the amount of RUB 30,000 (thirty thousand) to 50,000 (fifty thousand), or RUB 100,000 (one hundred thousand) if it results in the death of the victim.

8.7. If the User violates the provisions of the Agreement, the User shall pay a fine of 5,000 (Five thousand) rubles for the following violations (if, when committing the corresponding violation, the IMD was not damaged or lost):
8.7.1. misuse of the PMV and/or Mobile Application
8.7.2. more than one person riding on the same IMD (including with a child), as well as controlling the IMD in violation of any of the provisions of Clause 4.4.7 of the Offer (except for Clause 4.4.7.5).

8.8. The user pays a fine of RUB 10,000 (ten thousand):
8.8.1. If the User commits any Agreement violations specified in Clause 4.4.7.1-4.4.7.3, 8.4-8.6, 8.7.1 of the Offer, and if said violation causes damage to the IMD without its loss (i.e. with the possibility and/or economic justification to restore the IMD.
8.8.2. When transferring the IMD for use to third parties under the age of 18 and/or violating other criteria specified in Clause 1.18 of the Offer.

8.9. If the User commits a breach of this Agreement, if such a breach entailed the loss of the IMD (including the actual loss of the IMD as a result of theft, submersion, etc., as well as causing such damage to the IMD, in which its restoration is impossible or economically inexpedient), the User shall pay a fine equal to the cost of the IMD, which is 35,000 (Thirty-five thousand) rubles for the S and M model Electric Scooters, and 90,000 (Ninety thousand) rubles for the L model Electric Scooters, and 150,000 (one hundred fifty thousand) rubles for an Electric Bike.

8.10. If the User violates a provision of the Agreement, the User shall pay a fine in the amount of RUB 100,000 (one hundred thousand) for the following violations:
8.10.1. when operating IMD under the influence of alcohol, drugs, or other substances, including drugs that impair reaction and attention, or in a sick or fatigued state that jeopardizes traffic safety
8.10.2. if more than one person is riding on an IMD (including with a child) if the specified violation was committed in Moscow
8.10.3. When transferring the IMD for use to third parties under the age of 18 and/or violating other criteria specified in Clause 1.18 of the Offer if the specified violation is committed in Moscow.

8.11. Payment of penalties and (or) a fine shall not release the User from compensation for damage caused to the property of the Copyright Holder.

8.12. The risk of accidental loss or accidental damage to the IMD during the Rental Period shall be borne by the User.

8.13. The User shall incur the liability provided for by the current legislation for violation of traffic rules. If the Copyright Holder incurs expenses and/or losses in connection with the User's violation of the traffic rules, including those related to the payment of a fine for an administrative offense, the User undertakes to reimburse the Copyright Holder for the corresponding costs and/or losses in full.

8.14. If the User causes harm to the life, health or property of third parties, including other road users, during the use of the IMD, the User undertakes to fully compensate for the damage caused by its actions to both third parties and the Copyright Holder.

8.15. The user confirms that he is familiar with the provisions of Art. 19 of the Civil Code of the Russian Federation by a ban on acquiring rights and obligations under the name of another person, since speaking in civil circulation under a false name violates the rights of another citizen (the one under whose name the violator acts) and misleads the Copyright Holder regarding the User's personal data.

8.16. The user guarantees that all personal data provided by him is true.

8.17. The User has civil liability in accordance with Clause 8 of the Agreement based on materials including but not limited to materials from law enforcement agencies on the basis of which the User's guilt is established, such as photos/videos received from users, state officials, the media, or other third parties.

9. Grounds and procedure for Termination of the Agreement. Changes to the Terms of the Offer and the Agreement

9.1. The Agreement may be terminated before the end of the period provided for in the Agreement by agreement of the Parties or on the initiative of one of the Parties expressed in a form understandable to both Parties.

9.2. The Copyright holder has the right to unilaterally terminate the Agreement out of court early or refuse to carry out its obligations as per the Agreement for a period of time based on the following:

9.2.1. if the User repeatedly (more than two times) violates the traffic rules when using the IMD;

9.2.2. if the User repeatedly (more than two times) violates the IMD parking rules;

9.2.3. when it is established that the User has used the Mobile Application in breach of the terms and conditions of the Agreement;

9.2.4. when it is established that the User has provided access to the Mobile Application to a third party without the consent of the Copyright Holder;

9.2.5. when it is established that the User has caused damage to the IMD;

9.2.6. when it is established that the User's has used technical means to block the GPS signal, as well as other methods for disconnecting the protective systems or control systems installed on the IMD;

9.2.7. if the User in any way breaches the Agreement, entailing infringement upon or creating the threat of an infringement upon the exclusive rights of the Copyright Holder to the Mobile Application or the exclusive rights of third parties;

9.2.8. if the User in any way breaches the Agreement, entailing damage or creating a threat of damage to the property of the Copyright Holder (including the IMD) and/or third parties;

9.2.9. in the event of any violation by the User of the Agreement resulting in the injury, death, or damage to the property of third parties or infrastructure, or creating the threat of causing such harm;

9.2.10. when the User commits actions that discredit the business reputation of the Copyright Holder;

9.2.11. when the User commits actions that discredit the honor, dignity and/or business reputation of third parties, as well as other illegal actions, if the commission of such actions is in any way (directly or indirectly) associated with the User's use of the Mobile application and/or the IMD;

9.2.12. if there are circumstances that give the Copyright Holder reason to believe that the Mobile Application and/or the IMD are used by the User in violation of the terms of the Agreement (including for purposes other than their intended purpose);

9.2.13. When independently controlling or transferring IMD for use to third parties if such persons are under 18 and/or do not meet other criteria specified in Clause 1.18 of the Offer.

9.2.14. When using IMD for the transportation or towing of goods, transportation of children and animals, or in other cases established by Clause 4.4.7.4 of the Offer.

9.2.15. when operating IMD under the influence of alcohol, drugs, or other substances, including drugs that impair reaction and attention, oe in a sick or fatigued state that jeopardizes traffic safety;

9.2.16. in other cases stipulated by the Agreement and/or applicable law.

9.2.17. Confirmation of the grounds for refusal to execute the Agreement in accordance with Clause 9.2. of the Agreement may contain but is not limited to materials from law enforcement agencies.

9.3. If the Agreement is waived by the Copyright Holder, the Agreement shall terminate after the User is notified of such in the Mobile Application.

9.4. This Agreement may be terminated early unilaterally out of court at the initiative of the User if they send a request to delete their account, provided that there is no amount owed under the Agreement (including payment of license fees, rentals, and fines).

9.5. The User has the right to send a request for the Copyright Holder to delete an account in the Mobile Application or by e-mail to support@whoosh.bike or by clicking the "Delete Account" button (or the button with the corresponding functionality that has a different name, if it is named differently in the Mobile Application) in the Profile menu in the Mobile Application.

9.6. In the event of waiving the Agreement at the initiative of the User, in the absence of any amount owed by the User under the Agreement, the Agreement is considered terminated after ten business days from the date the Copyright Holder receives the request to delete the account. If the User owes any amount, the request to delete the account will not be accepted. After full payment of all amounts owed, the User has the right to re-submit a request to delete their account, and the ten-day period for termination of the Agreement will start after the Copyright Holder receives such a request. On the day of termination of the Agreement, the Copyright Holder deletes the User's account.

9.7. Termination of the Agreement is possible in court for all other grounds that are not listed in clauses 9.2 and 9.4 of this Offer and which are not provided for by the current legislation.

9.8. The expiration of the Agreement shall not exempt the User from the obligation to fulfill its financial obligations (including the payment of license fees, rent and fines) under the Agreement, and shall also not exempt from it from liability for breach of the terms and conditions of the Agreement.

9.9. The Copyright Holder has the right to unilaterally change the Offer at any time by posting a new version of the Offer in the Mobile Application and on the Site of the Copyright Holder at the link https://whoosh-bike.ru/terms_russia/en. Changes in the terms of the Offer concerning the content of the Agreement shall entail a change in the terms and conditions of all Agreements concluded earlier by Formal Acceptance of any version of the Offer.

9.10. The User undertakes to regularly and independently monitor changes to the Offer (Agreement). If it does not consent to the changes made to the Agreement, the User has the right to unilaterally refuse to execute the Agreement by notifying the Copyright Holder in the manner provided for in clause 9.6 of this Offer.

10. Force majeure as the basis for exemption from liability for improper performance of obligations under the Agreement

10.1. The Parties shall be exempt from liability for partial or complete non-fulfillment of the obligations under the Agreement, if such failure to fulfill obligations was the result of force majeure circumstances (force majeure), that is, events of an extraordinary and unavoidable character that the Parties could not foresee at the time of the conclusion of the Agreement.

10.2. If any of the force majeure circumstances affected the fulfillment of obligations within the period established by the Agreement, then this period shall be commensurately postponed for the period of the force majeure circumstances. If this period exceeds three months, each of the Parties shall have the right to refuse to execute the Agreement unilaterally out of court by notifying the other Party to the Agreement in writing using the Mobile Application or to the User's email address that was specified during registration in the Mobile Application, and for the Copyright Holder to hello@whoosh.bike

10.3. In the event of force majeure circumstances, the Party for which it became impossible to fulfill the obligations under the Agreement shall be obliged to notify the other Party about the occurrence of these circumstances within 3 (three) days.

10.4. A Party that has not fulfilled its obligation and has not notified the other Party of the occurrence of force majeure circumstances within the time period specified in clause 10.3 and that has not documented their occurrence, shall lose the right to refer to these circumstances as the basis for exemption from liability for improper performance under the Agreement.

11. Term of the Agreement

11.1. The Agreement shall enter into force from the moment the User accepts this Offer using the procedures provided for by this Agreement, and it shall be valid until its termination on one of the grounds provided for by the current legislation or the Agreement.

12. Miscellaneous

12.1. The applicable law under this Agreement shall be the law of the Russian Federation.

12.2. If the legislation does not imperatively establish a special (alternative, exclusive or other) jurisdiction for the relevant category of disputes, disputes arising from the conclusion, performance or termination of this Agreement shall be referred to the Moscow Presnensky District court.

This condition does not exclude or prejudice the right of the User as a consumer within the meaning of Law of the Russian Federation dated February 07, 1992 N 2300-1 "On The Protection of Consumer Rights" to choose jurisdiction in cases where such right is expressly provided for by law.

12.3. The parties have agreed that disputes arising out of the conclusion, performance and termination of this Agreement shall be settled in accordance with the rules of civil procedure law of the Russian Federation.

12.4. Unless otherwise defined in the Tariffs or the Subscription Descriptions, the terms set out in Section 1 of this Offer shall be used in the Tariffs and the Subscription Descriptions, as applicable.

12.5. In case one or more provisions of the Offer are for any reason invalid or unenforceable, such ineffectiveness shall not affect the validity of any other provision of the Offer (Agreement), which shall remain in force.

13. Address and Other Details
of the Copyright Holder:

Limited Liability Company WHOOSH

OGRN [Main State Registration Number] 1187746542180,
INN [Taxpayer Identification Number]
9717068640

Legal address: 127006, Moscow, 21 Dolgorukovskaya St., building 1


Email address: hello@whoosh.bike
or Customer support
support@whoosh.bike

__________________________________________
Previous versions of the document:
24, September 2024
10, September 2024
31, July 2024
1, July 2024
30, May 2024
22, April 2024
1, December 2023
1, September 2023
25, August 2023
2, August 2023
4, July 2023
27, April 2023
20, March 2023
1, March 2023
30, December 2022
5, August 2022
22, June 2022
5, May 2022
11, April 2022
10, November 2021