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, location, 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 Limited Speed Zones — clause 1.20 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 this Offer if the User has debts under the Agreement, as well as if the Copyright Holder suspects fraudulent actions using the User's account or illegal actions in relation to the IMD, other users or third parties, as well as if there are any of the grounds for termination of the Agreement by the Copyright Holder specified in clause 9.2 of this Offer;
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. To unilaterally amend the Offer (Agreement) (including the price, license fees and rent, and the terms of renting the IMD) by posting a new version of this Offer containing the amended terms and conditions of the Agreement on the Site of the Copyright Holder at https://whoosh.bike/terms_pt/pt
and/or in the Mobile Application. The new version of this Offer will be sent to Users by email at least within 15 days in advance to the entry into force of the amendments, together with the reasons for such amendments. The User is informed that it has the right to terminate, without penalty, this Agreement upon being notified of the amendments made by the Copyright Holder to the Services. Continued use of the Mobile Application 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.
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 Portugal;
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 a request by means of the Mobile Application or e-mail specified by the User when registering in the Mobile Application in order to provide additional information about the User's identity, as specified in clause 3.7. above. 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, the Copyright Holder 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.
4.2.13. Reduce the maximum speed of the IMD if the IMD enters the Limited-Speed Zone (clause 1.20 of this Offer).
4.2.14. The Copyright Holder has the right at any time, upon notifying the User of the availability of any functionality or security updates to the Mobile Application, to refuse to perform the Agreement, 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. Where the User fails to install these updates, Copyright Holder shall not be liable for any lack of conformity of the Mobile Application resulting from such lack of relevant update.
4.2.15. Forcibly terminate the User's Rental of the IMD and block the movement of the IMD using software and hardware if the duration of the IMD Rental exceeds 4 (Four) hours. 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:
4.4.1. 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, otherwise impaired or shows defects 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, with the exception of non-apparent or non-recognisable defects
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;
4.4.5. 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;
126.96.36.199 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 safety of the IMD from the moment it is accepted for Rental until the termination of the Rental;
4.4.7. Take care when using the property of the Copyright Holder, as well as take measures to prevent damage to the property of the Copyright Holder. In connection with this, the following actions are prohibited to the User:
188.8.131.52. 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;
184.108.40.206. The User is prohibited to use the IMD for riding off-road or on rugged terrain;
220.127.116.11. 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;
18.104.22.168. 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;
22.214.171.124. 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;
126.96.36.199. The User is prohibited from folding the IMD (including using the standard mechanism);
188.8.131.52. 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);
184.108.40.206. The User is prohibited from allowing the battery of the IMD to be completely discharged;
220.127.116.11. 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;
18.104.22.168. 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;
22.214.171.124. 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).
4.4.8. Notify, within a reasonable notice period, 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 email@example.com;
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;
126.96.36.199. 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. 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 1.10 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)
188.8.131.52. 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.
184.108.40.206. 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.
220.127.116.11. 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 18.104.22.168 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:
− 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 the roadway, driving on the road shoulder is allowed;
− if there is no bicycle path or pedestrian/bicycle path, or there is no opportunity to move along them or along the right edge of the roadside or road shoulder, movement on a sidewalk or footpath is allowed;
− 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;
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;
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 from:
− operating the IMD 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 IMD without holding the steering wheel with at least one hand;
− crossing the roadway along elevated, underground or other pedestrian passageways without dismounting from the IMD.
22.214.171.124. 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.
126.96.36.199. 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 Portugal.