6. Rights and Obligations of the Parties
6.1. Whoosh is Obliged to:
6.1.1. Provide the User with access to the Whoosh App and the ability to use it in accordance with these T&C;
6.1.2. Provide to User the main technical characteristics of the E-scooters, location, the amount of the service fee and other terms and conditions of the Agreement;
6.1.3. Provide the User with the temporary possession and use of the E-scooter in a technically sound condition, accelerating to a maximum speed of up to 20 km/h (taking into account the Limited Speed Zones);
6.1.4. Bear the costs of maintaining the E-scooter arising in connection with its normal operation;
6.1.5. Properly fulfill the other obligations arising from the Agreement and provided by the current legislation. 6.2. Whoosh is Entitled to:
6.2.1. Verify the information, including the personal data provided by the User at the time of registration in the Whoosh App;
6.2.2. Suspend or terminate the User's access to the Whoosh App (including blocking the User's account) if the User has debts under the Agreement, as well as if Whoosh suspects fraudulent actions using the User's account or illegal actions in relation to the E-scooter, other users or third parties, as well as if there are any of the grounds for termination of the Agreement by Whoosh;
6.2.4. Carry out a check of the User's debt under the Agreement, as well as under other agreements between the User and the Whoosh, if any were concluded;
6.2.5. Monitor the safety of the E-scooter, its technical condition, and whether the operation of the E-scooter complies with the purposes established herein;
6.2.6. Refuse to conclude the Agreement if the User does not provide the required data when registering in the Whoosh App;
6.2.7. Refuse to conclude the Agreement, suspend or terminate its validity if the User has a debt arising from the Agreement until the debt is repaid in full, as well if the User breaches the other terms and conditions of this Agreement;
6.2.8. To unilaterally amend the T&C (Agreement) (including the price, service fee, and the terms of renting the E-scooter) by posting a new version of this T&C containing the amended terms and conditions of the Agreement on Whoosh website at https://whoosh.bike/terms_br/pt
and/or in the Whoosh App. The User is informed that it has the right to terminate, without penalty, this Agreement upon being notified of the amendments made by Whoosh to the Services. Continued use of the Whoosh App by the User upon being notified of the shall be deemed to be acceptance to the amendments that have been made, since silence will be deemed as acceptance. In case the User does not terminate the Agreement, it bears the risk for not familiarizing itself with the changes to the Agreement.
6.2.9. If the User takes the E-scooter more than one (1) kilometer outside the Ride Zone or in other cases that lead Whoosh to reasonably suspect theft of the E-scooter, it shall be entitled to block the movement of the E-scooter (including with the help of Whoosh'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 Brazil;
6.2.10. If Whoosh 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 E-scooter or Whoosh 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 Whoosh Mobile Application, as well as to suspend the User's access to the Whoosh App, to block the movement of the E-scooter using the software and hardware of Whoosh (including without termination of the Lease), and, if necessary, also to forcibly terminate the Rental of the E-scooter by the User.
6.2.11. Put the E-scooter into power saving mode (decrease the speed) if the battery charge drops to a critically low level, depending on the model of the E-scooter.
6.2.12. If Whoosh has doubts about the legality of the use of the registered account, Whoosh shall have the right to send a request by means of the Whoosh App or e-mail specified by the User when registering in the Whoosh Appin order to provide additional information about the User's identity. The Parties have agreed that if there is a failure to provide a response to the request within 24 hours from the moment it was sent, Whoosh shall if the right to suspend by blocking the User's account, and after three days from the moment of sending the corresponding request, to terminate this Agreement.
6.2.13. Reduce the maximum speed of the E-scooter if the E-scooter enters the Limited-Speed Zone.
6.2.14. Whoosh has the right at any time, upon notifying the User of the availability of any functionality or security updates to the Whoosh App, to refuse to perform the Agreement, on whose mobile device an old (not updated) version of the Whoosh Mobile Application is installed, or for a User whose mobile device is recognized as unsafe for Whoosh App. Where the User fails to install these updates, Whoosh shall not be liable for any lack of conformity of the Whoosh App resulting from such lack of relevant update.
6.2.15. Forcibly terminate the User's Rental of the E-scooter and block the movement of the E-scooter using software and hardware if the duration of the E-scooter Rental exceeds 4 (Four) hours.6.3. The User Is Entitled to:
6.3.1. Use the Whoosh App and the E-scooter on the terms and conditions provided for by the Agreement. 6.4. The User Is Obliged to:
6.4.1. Before using the E-scooter, inspect it for damage, check the technical condition of the E-scooter and its suitability for use, including within the framework of a zero;
6.4.2. If the E-scooter is damaged, otherwise impaired or shows defects prior to use, the User must notify Whoosh and send photos via the Customer Support Chat in the Whoosh App. If, prior to the start of use, the User did not notify Whoosh about the existing damage or other deterioration of the E-scooter, the User pleads guilty to causing the damage during its Rental of the E-scooter if such were subsequently discovered by another User or Whoosh, except for non-apparent or non-recognizable defects.
6.4.3. Comply with the procedures provided herein for accepting the E-scooter for Rental and completing the Rental;
6.4.4. Use the E-scooter in strict compliance with its intended purpose;
6.4.5. Not to transfer the E-scooter for use to third parties under sublease, as well as to use the E-scooter personally, except in cases of Group Trips;
The User shall not be entitled to transfer the E-scooter for use to third parties under the age of 18 years;
6.4.6. Ensure the safety of the E-scooter from the moment it is accepted for Rental until the termination of the Rental;
6.4.7. Take care when using the property of Whoosh, as well as take measures to prevent damage to its property. In connection with this, User is prohibited from:
22.214.171.124. Using the Services for any illegal purpose including, without limitation, transmitting or storing illegal materials or for fraudulent purposes;
126.96.36.199. Using the E-scooter on uneven surfaces, outside sidewalks and paved paths (except when allowed by the Brazilian regulation), 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 E-scooter, and puddles with a depth of more than 1 cm, regardless of the possibility of external determination of depth;
188.8.131.52. Using the E-scooter for riding off-road or on rugged terrain;
184.108.40.206. Performing acrobatic stunts, jumping, hitting obstacles, curbs, or steps; using the E-scooter in competitions; drifting; put the electric motor into motion by pressing the power trigger when the E-scooter is not moving;
220.127.116.11. Using the E-scooter for transportation, or towing cargo; moving with more than one person on the E-scooter, as well as transporting children and animals; moving on the E-scooter if the total weight (with clothes, bag, backpack, etc.) exceeds 5 kg;
18.104.22.168. Using the Services for any illegal purpose including, without limitation, transmitting or storing illegal materials or for fraudulent purposes;
22.214.171.124. Leaving the E-scooter 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 E-scooter;
126.96.36.199. Using the Services to harass or obstruct others or cause inconvenience to others, or affect the normal operation of the network;
188.8.131.52. Folding the E-scooter (including using the standard mechanism);
184.108.40.206. Removing stickers, identification numbers, barcodes, as well as applying labels, sticking stickers, making marks, damaging the paintwork of the E-scooter, or getting it dirty (except for normal dirtying of the platform with street shoes);
220.127.116.11. Allowing the battery of the E-scooter to be completely discharged;
18.104.22.168. Using technologies or taking actions that may harm Whoosh's website, the Whoosh App, the E-scooter, or the other property of Whoosh;
22.214.171.124. Making any changes to Whoosh Mobile Application, as well as to the E-scooter or its individual parts; changing any characteristics, and making improvements to or from worsening the E-scooter;
6.4.8. During the Rental Period, the User shall not be entitled to leave the E-scooter motionless outside a Parking Place for more than 30 minutes (if the Rental is not completed).
6.4.9. Notify Whoosh, within a reasonable notice period, about any damage to the E-scooter during Rental, disconnection of any of the systems, or other malfunctions or road accidents involving the E-scooter; and of violations of the functioning of the Whoosh App. In such circumstances, the User must stop using the E-scooter, and it is required to inform Whoosh via the support chat in the Whoosh Appor by email at email@example.com;
6.4.10. Take appropriate measures to protect its Whoosh App account, including the username and password, from unauthorized use by others, and immediately inform Whoosh of the relevant information if such use is detected;
6.4.11. The User is not entitled to transfer its account data to third parties;
6.4.12. Use the Whoosh App only within the limits established by the Agreement and not violate the exclusive right of Whoosh to Whoosh App;
6.4.13. Monitor the updates of information on Whoosh's website, as well as in Whoosh App;
6.4.14. Pay the service fee in a timely manner, in accordance with these T&C, 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 service fee;
126.96.36.199. Pay in full for the Rental of the E-scooter in a timely manner in compliance with the terms and conditions of this Agreement, even if the E-scooter 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;
6.4.15. Upon completion of the use and termination of Rent, the User is obliged to correctly park the E-scooter.
6.4.16. For the purposes of this T&C, the correct parking of the E-scooter means that the User shall perform all of the following actions:
- approach the E-scooter to the Parking point indicated on the map in the Whoosh App with the "P" sign;
- if there is a lock on the E-scooter and if the Parking Place is not Virtual, the User is obliged to attach the E-scooter to a closed part of the parking structure;
- pressing the "Finish" button in the Whoosh App(or a button of the corresponding functionality with a different name, if it is named differently);
- sending photos by using the Whoosh App to confirm the E-scooter was correctly parked;
- placing the E-scooter so that it does not interfere with the movement of pedestrians and/or vehicles (for example, the E E-scooter 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)
188.8.131.52. For the purposes of these T&C, the -scooter shall be considered to have been parked incorrectly if the User has committed at least one of the following violations:
- The E-scooter w left outside the Ride Zone;
- The E-scooter is left outside the Parking Point indicated on the map in the Whoosh App;
- The E-scooter equipped with a lock and left in a non-Virtual Parking Place is not secured with a cable and/or if the E-scooter's lock is not closed;
- The User has not completed the Rental in the Whoosh App and the E-scooter 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 Whoosh App or in the chat with the User Support Service;
placing the E-scooter in a way that interferes with the movement of pedestrians and/or vehicles.
184.108.40.206. If it is impossible to park correctly for valid reasons related to technical difficulties with the operation of the Whoosh Mobile Application or the E-scooter itself, after receiving confirmation from the Support Service, the E-scooter 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 E-scooter 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; on public places; 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.
220.127.116.11. The User must immediately notify Whoosh via a chat with the User's support service in the Whoosh App if the E-scooter has been parked in accordance with these T&C, as well as regarding the reasons that caused the need for such parking (which prevented correct parking).
6.4.17. The E-scooter must be returned to Whoosh in a technically sound condition, without any damage, using the procedures stipulated by the Agreement;
6.4.18. While using the E-scooter, the User is obliged to comply with the Traffic Rules and be responsible for their violation. When using the E-scooter, the User, in particular, is obliged to:
- drive along bicycle or bicycle/pedestrian paths or in the lane for bicycle riders;
- if there are no bicycle paths or pedestrian/bicycle paths, or if there is no opportunity to move along them or along the right edge of street with a maximum speed limit of 40 km/h;
- if there is no bicycle path or pedestrian/bicycle path, or there is no opportunity to move along them, movement on a sidewalk or footpath where cities allow it (São Paulo, for instance, does not allow it);
- when driving in the dark or in conditions of insufficient visibility, it is necessary to turn on the headlight and the E-scooter'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;
- comply with the other applicable provisions of traffic rules, including provisions that are not directly listed in these T&C, and to independently bear liability for their violation.
6.4.19. To prevent dangerous situations and traffic violations, the User is prohibited from:
- operating the E-Scooter while under the influence of alcohol, drugs, toxicity or any other kind of intoxication, as well as refusing to undergo a medical examination at the request of an authorized official;
- operating the E-Scooter without holding the steering wheel with at least one hand;
crossing the roadway along elevated, underground, or other pedestrian passageways without dismounting from the E-Scooter.
18.104.22.168. Both during the Rental Period and outside the Rental Period, the User is prohibited from transporting the E-Scooter in a car, bus, trolleybus, taxi or in any other means of transport (in any other way), to go take the E-Scooter down into the metro, to ride on it or carry/haul it inside buildings, restricted areas, etc.
22.214.171.124. If the E-Scooter exits (moves in any other way) outside the Travel Zone, the User is obliged to immediately return the E-Scooter to the Ride Zone. The time spent by the E-Scooter outside the Ride Zone is included in the Rental Period and is subject to payment.
6.4.20. Prevent harm to the life, health, and property of third parties, including other road users. If harm is caused by using the E-Scooter, the User is liable in the manner prescribed by the current legislation of Brazil.