4. Rights and Obligations of the Parties
4.1. The Holder is obligated to:
4.1.1. Provide the User with access to the Mobile Application and enable its use in accordance with the terms and conditions of the Adhesion Contract, except in cases otherwise stipulated;
4.1.2. Provide the User through the Mobile Application with information about the IMD, its main technical characteristics, its location, rental fees, and other terms of the Adhesion Contract;
4.1.3. Deliver to the User, in good technical condition, the temporary possession and use of the IMD, with a maximum speed of up to 25 km/h (considering Low-Speed Zones: clause 1.22);
4.1.4. Independently cover the costs of IMD maintenance arising from its normal use (except those costs that the Adhesion Contract directly assigns to the User);
4.1.5. Properly fulfill all other obligations arising from the Adhesion Contract and current law.
4.2. The Holder has the right to:
4.2.1. Verify the User’s information, including personal data provided during registration, which will be processed in accordance with the Federal Law on the Protection of Personal Data Held by Private Parties and the corresponding Privacy Notice available in the app and at https://whoosh.bike/privacidad/mx;
4.2.2. Suspend or cancel the User’s access to the Mobile Application (including account blocking) under the cases established in clause 3.6, in case of debt or suspected fraud, unlawful acts, or any breach of the Adhesion Contract as stated in clause 9.2;
4.2.3. Process the User’s personal data as provided during registration and throughout the execution of the Adhesion Contract. More information on data processing is available in the Privacy Notice;
4.2.4. Verify debts by the User under this or other agreements with the Holder;
4.2.5. Monitor the safety and technical condition of the IMD, and ensure its proper usage under the Adhesion Contract;
4.2.6. Refuse to enter into an Adhesion Contract if the User submits inaccurate or incomplete registration data;
4.2.7. Refuse to enter into or terminate the Adhesion Contract if the User has unpaid debts or breaches other terms;
4.2.8. The Holder shall unilaterally modify these Terms and Conditions (including the Contract of Adhesion), encompassing the price, rental fees, usage services, and the terms of use of the IMD, at any time, by publishing a new version of these Terms and Conditions containing the modified terms and conditions of the Contract of Adhesion on the Holder’s website at https://whoosh.bike/mx or within the Mobile Application. The updated version of these Terms and Conditions shall be sent to the Users via email at least 15 (fifteen) calendar days prior to the entry into force of the modifications, including the reasons for such changes. The User is hereby notified that they shall have the right to terminate this Contract of Adhesion without penalty upon notification of the modifications made by the Holder to the Services, should they disagree with such changes. If the User continues to use the Mobile Application after being notified of the update, it shall be deemed tacit acceptance of the modifications. If the User does not terminate the Contract of Adhesion, they accept the inherent risks of the modifications made to the Contract of Adhesion.
4.2.9. In the event that the User takes an IMD more than 1 kilometer outside the permitted Zone or in other cases that reasonably lead the Holder to suspect that the IMD has been stolen, the Holder shall have the right to block the movement of the IMD (including through the Holder’s software and hardware elements), notify the corresponding authorities about the theft, and use all legal means provided by Mexican law to protect its rights.
4.2.10. If the Holder has sufficient grounds to believe that the User may be committing a crime and/or a fraudulent act, or if there are other signs of malicious intent and/or bad faith behavior by the User (including using the IMD or the Mobile Application in a manner inconsistent with its purpose or any other breach of the Contract of Adhesion by the User), the Holder shall have the right to unilaterally terminate the Contract of Adhesion by notifying the User through the Mobile Application, suspend the User’s access to the Mobile Application, block the movement of the IMD using the Holder’s software and hardware elements (even without terminating the usage services), and, if necessary, also force the termination of the User’s use of the IMD.
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 IMD model.
4.2.12. If the Holder doubts the legitimacy of a registered account, it may request identity verification via the app or the User’s registered email. If the User does not respond within 24 hours, the account may be suspended. If no reply is received within 3 days, the Adhesion Contract may be terminated;
4.2.13. Reduce the maximum speed of the IMD when entering a Low-Speed Zone (see clause 1.22);
4.2.14. After notifying the User of a required update or safety patch, the Holder may refuse service on outdated devices or those deemed unsafe. If the User doesn’t install such updates, the Holder is not liable for resulting issues;
4.2.15. Force the termination of the IMDs usage and block its movement via software/hardware if the rental period exceeds the allowed duration in the T&Cs.
4.3. The User shall be entitled to temporarily use the Mobile Application and the IMD in accordance with the terms and conditions set forth in the Adhesion Contract
4.4. The User is obligated to:
4.4.1. Inspect the IMD prior to use to confirm the absence of damage and verify its technical condition and suitability, including by performing a “zero ride” (clause 6.5 of these T&Cs).
4.4.2. The IMD is in optimal condition for use. The Holder constantly monitors the condition of each IMD to prevent the User from using IMD with any damage, deterioration, or defect that could cause an accident, and the Holder is responsible for any such damage, deterioration, or defect. However, if the IMD is damaged or defective prior to use, the User must notify the Holder and submit photos through the customer support chat within the Mobile Application. Failure to report any existing damage will make the User responsible for such damage during the rental period, except for hidden or non-obvious defects. In the event of the existence of any defect, damage, deterioration, or mechanical malfunction of the IMD resulting from lack of maintenance, and/or where such conditions are not visible or reasonably detectable, and arising from such circumstances, Whoosh México shall be solely responsible for any and all damages suffered by the User and/or any third party, as well as for any damage caused to any property, directly arising from the mechanical malfunctions, defects, damage, deterioration, or failures of the IMD.
4.4.3. Comply with the procedures set forth in Section 7 regarding the initiation and termination of the Lease.
4.4.4. Use the IMD strictly in accordance with its intended purpose as defined in these T&Cs.
4.4.5. Not transfer the IMD for use by third parties or sublease it; the IMD must be used personally by the User, except during Group Rides.
4.4.5.1. The User shall not be entitled to transfer the IMD for use to third parties under the age of 18 years.
4.4.6. Ensure the IMDs safety from the moment the rental begins until it ends.
4.4.7. Handle both the IMD and the Mobile Application with care, and take all necessary steps to avoid damaging the Holder’s property. In particular, the following actions are prohibited:
4.4.7.1. The User is prohibited from using the IMD on irregular surfaces, outside of sidewalks and paved roads, to traverse over holes, excavations, bumps, pits, or other irregularities that exceed 3 cm in height from the roadway or traffic path, as well as on surfaces with pronounced edge unevenness or other features that impose additional load on the IMD’s wheels, and over puddles deeper than 1 cm, regardless of whether the depth can be visually assessed.
4.4.7.2. Using the IMD off-road or on rugged terrain.
4.4.7.3. Performing acrobatic stunts, jumping, colliding with objects, using the IMD in races, drifting, accelerating the electric motor while the IMD is stationary.
4.4.7.4. Using the IMD to transport or tow cargo, carrying more than one person, children, or animals, or using the IMD if the total weight (including clothing, bags, backpack, etc.) exceeds 100 kg.
4.4.7.5. After ending the rental, leaving the IMD in hard-to-access areas (e.g., entrances, closed spaces), attaching it to unauthorized structures (e.g., poles, fences, railings, store entrances), or blocking it in similar places.
4.4.7.6. Locking the IMD (including via its standard locking mechanism).
4.4.7.7. Removing identifiers like stickers, ID numbers, or barcodes from the IMD, placing new labels, marking, damaging the paint, or soiling the IMD (except for normal foot dirt on the platform).
4.4.7.8. Allowing the IMDs battery to fully discharge.
4.4.7.9. Using technologies or performing actions that may damage or infringe on the Holder’s copyrights, the Mobile Application, the IMD, or other property.
4.4.7.10. Modifying the Mobile Application or the IMD in any way, including its components or settings, or attempting to repair or improve it.
4.4.7.11. During the rental period, leaving the IMD stationary outside of a designated Parking Zone for more than 30 minutes without properly ending the ride.
4.4.8. Notify the Holder within no more than 60 (sixty) minutes through the Mobile Application in case of any of the following during the rental, damage to the IMD, disconnection of systems or technical issues, traffic accidents involving the IMD, or malfunctions of the Mobile Application, in such cases, the User must cease using the IMD immediately and contact the Holder via support chat or email ayuda.mx@whoosh.com
In case of an accident or traffic incident involving the User, they must remain at the scene until a Holder representative (or designated personnel) and a local traffic officer arrive—except when the User requires immediate medical attention or must be moved by law.
4.4.9.Take appropriate steps to protect their Mobile Application account credentials, including username and password, from unauthorized use, and report any suspected misuse to the Holder.
4.4.10. The User is not allowed to share account credentials with third parties.
4.4.11. Use the Mobile Application only within the scope defined in the Adhesion Contract and not violate the Holder’s exclusive rights over it.
4.4.12. Stay informed of updates published on the Holder’s website and within the Mobile Application.
4.4.13. Pay the rental fees on time, as well as any other fees established in the Adhesion Contract, and ensure that the linked bank card has sufficient funds for payment.
4.4.13.1. Pay all rental or usage fees in full and on time, even if the IMD has entered power-saving mode due to low battery, or it has turned off due to battery depletion during the previous user’s session.
4.4.14. After completing the ride and ending the rental, the User must properly park the IMD.
4.4.15. For the purposes of clause 4.4.14 of these Terms and Conditions, proper parking of the IMD shall mean that the User shall perform all of the following actions:
− Approach the IMD to the parking point indicated on the Mobile Application map marked with a “P.”
− If the IMD is equipped with a lock or padlock and the parking area is not virtual (see clause 1.21 of these Terms and Conditions), the User shall secure the IMD to a locked part of the parking structure.
− Press the “Finish” button within the Mobile Application (or its equivalent with a different name, if applicable).
− Send photos of the properly parked IMD through the application to the Copyright Holder to confirm correct placement.
− Position the IMD so that it does not obstruct pedestrian or vehicle movement (for example, positioned as close as possible to a wall, curb, or sidewalk edge, oriented parallel to such structure, and not perpendicular).
4.4.15.1. For the purposes of clause 4.4.14 of these Terms and Conditions, the IMD shall be deemed improperly parked if the User commits at least one of the following violations:
− Leaving the IMD outside the permitted Zone.
− Leaving the IMD outside a parking area indicated on the Mobile Application map.
− Securing an IMD equipped with a lock or padlock in a non-virtual parking zone without securing it with a cable or without closing the IMD’s lock system.
− Failing to complete the rental within the Mobile Application, resulting in the IMD remaining stationary for more than 30 minutes.
− Completing the rental but failing to send the necessary photos to confirm proper parking via the Mobile Application or user support chat within the app.
− Placing the IMD in a manner that obstructs pedestrian or vehicle circulation.
4.4.15.2. If any technical difficulties arise that affect the operation of the IMD, the User shall park the IMD in the nearest designated Parking Zone. Under no circumstances may the User park the IMD on tramways, Metrobus lanes, railway crossings, tunnels, overpasses, bridges, viaducts, areas reserved for public-use bicycles, pedestrian crossings, near dangerous turns on any road or avenue, bicycle lanes, roadway intersections, or passenger taxi stands. Likewise, the User shall ensure that, under no circumstances, the IMD obstructs the sidewalk, curb, or pedestrian pathways, even in the event of a mechanical or technical failure of the IMD. The User may park the IMD solely and exclusively within duly designated and clearly marked Parking Zones.
4.4.15.3. The User must immediately notify the Copyright Holder via the support chat within the Mobile Application if the IMD has been parked in accordance with clause 4.4.15.2, including the reasons that prevented proper parking (what hindered the correct parking).
4.4.16. The IMD must be returned to the Copyright Holder in good technical condition, free of damage, following the procedures stipulated in the Adhesion Contract, including clause 4.4.14 of these Terms and Conditions.
4.4.17. During the use of the IMD, the User is obliged to comply with traffic regulations and shall be responsible for any infringements. In this regard, by using the IMD, the User must particularly:
− Ride along bike paths or paths shared with pedestrians, or on the cycle lane;
− If there are no dedicated bike lanes or pedestrian-bike paths, or if it’s not possible to ride on them or on the right edge of the roadway, riding on the sidewalk is permitted if not prohibited by local traffic laws;
− If there are no bike lanes or pedestrian-bike paths, or if it’s not feasible to ride on them or along the right edge or sidewalk, riding on sidewalks or pedestrian walkways is allowed where permitted by traffic regulations;
− If riding on a sidewalk, pedestrian walkway, or within pedestrian zones threatens or interferes with others’ movement, the User shall dismount and give way to pedestrians;
− When riding in darkness or low visibility conditions, it is mandatory to turn on the front light of the helmet and the IMD’s light; reflective elements on clothing are also compulsory, and the User must ensure they are visible to other road users;
− Comply with all other applicable traffic regulations, including those not listed herein, and assume responsibility for any violations.
4.4.18. To prevent dangerous situations and traffic violations, the User is prohibited from:
− Operating the IMD under the influence of alcohol, drugs, or any intoxicating substances, or refusing to undergo medical testing upon request by an authorized official.
− Operating the IMD without holding the handlebar with at least one hand.
− Crossing roadways via elevated
4.4.18.1. During or outside the rental period, the User is prohibited from transporting the IMD via car, bus, trolleybus, taxi, motorcycle taxi, subway, Metrobus, train, or any other vehicle, as well as from bringing it inside the subway, riding it within, or carrying it into buildings or restricted areas.
4.4.18.2. If the IMD leaves or is otherwise moved outside the Permitted Zone, the User must immediately return it to the zone. Any time spent outside the Permitted Zone is still counted as part of the rental period and is subject to charge.
4.4.19.Avoid causing harm or damage to the life, health, or property of third parties, including other road users. If damage is caused through IMD use, the User will be held liable under applicable Mexican law.
4.4.20. If, during legal possession of the IMD, it is stolen, lost, or unlawfully taken, the User must:
- Notify the Holder within 60 (sixty) minutes through the designated contact method;
- If requested, file a report with emergency services in the corresponding jurisdiction;
- If requested, file a formal complaint with the relevant authorities.