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User agreement & terms of service

Effective Date: July 12, 2019

 

I. DEFINITIONS

Provider:

SOFTGATE s.r.o., a company registered in Slovakia.

Company Headquarters: SOFTGATE s.r.o., Klincová 35, 821 08 Bratislava

Mailing address: SOFTGATE s.r.o., P.O. BOX 133, 945 05 Komárno

Reg. No. 46 979 581

VAT No. SK2023672838

Email: [email protected]

Device: the electric scooters operated by the Provider.

Service: The service detailed in this GTC, during which the Provider leases electric scooters to Users on the basis of occasional lease contracts. Users may freely use the scooters within the Service Area in accordance with the rules detailed in this GTC.

Service Area:  The area specified in this GTC or marked within the App, within which the Service may be used. It is forbidden to leave the Service Area or to exclude the Devices from it.

User: A natural person over the age of 18 years who complies with the terms of this GTC and uses the Service.

Lease Agreement (rental contract): An occasional lease agreement between the User and the Provider for the use of the Service, on the basis of which the User may use the Service for a given period of time.

Rental Period: Is the period that begins when the User takes the Device and starts using it in accordance with this GTC without interruption, and continues until the User parks the device or otherwise finishes the given rental period.

User Account: The account and the data of each User recorded and stored in the Providers database.

Service Fee: The amount of money to be paid by the User for the use of the Service. All the rates and costs payable by the Users are detailed in the Price List.

Parking the Device: At the end of the Rental Period, the proper placement of the Device and the Termination of the Lease Agreement(and the current ride) through the App.

App: The mobile app on which the User accesses his / her User Account, will see his / her personal data and the lease history and by which the User may access the Device. The Provider shall operate and maintain the App free of charge. The App can be downloaded from the Google Play and the Appstore.

II. REGISTRATION

II.1. The Service is available through the MINT App, which is available for Android and IOS systems. The App can be downloaded for free.

II.2. Prior to using the Service, the User shall download the App and register for a User Account. During registration the User provides his / her phone number, email address and a password of choice. Only a person who has reached the age of 18 can be a User and register.

II.3. During registration the User shall also provide the details of a valid credit/debit card, which later will be used to pay the fees and charges related to the Service. Without adding a valid credit/debit card, the App cannot be used. The User is responsible for providing the required Amount of credit on his/her credit/debit card.

II.4. The Registration is free of charge.

II.5. Upon Registration the Provider creates the personal User Account.

II.6. During Registration, the User is obliged to provide such data that is valid and true, and to keep this data and information up to date at all times. If there is any change to this data after the Registration, the User shall modify the data of the User Account accordingly through the App. The User shall provide a valid telephone number, his / her name, a password, and if available, his / her driving license.

II.7. After the Registration, the User’s own User Account is created. Each User Account is unique and may only be used and logged into by the User who uses the Service in his own name and to whom the User Account belongs. It is strictly prohibited to transfer the User Account to a third party.

II.8. Protecting the User Account from any unlawful access is the User’s responsibility who is obliged to manage the login credentials (phone number, email address, password) accordingly. The Provider shall not be held liable for any damage caused by the use of the account by someone other than the User if such use was by the User’s consents or if the User has not made every effort to prevent the unauthorized use of such account.

II.9. In the event that the User becomes aware that the access to the User Account has been compromised or that someone else is using the account, the User shall immediately notify the Provider on any of the contact details provided.

II.10. By creating a User Account, the User accepts that the Provider may send short text messages (SMS), emails or push notifications related to the Service.

II.11. By creating the User Account, the User further accepts that the Provider may collect and use the data generated by the Service (positioning or other data generated in connection with the use of the Service) in an anonymized manner for its own use.

II.12. The Provider will only send promotional messages if the User has explicitly authorized sending such messages.

III. INTERNET ACCESS AND MOBILE DEVICE

III.1. The User is obliged to ensure that throughout the use of the Service, he / she has a proper Internet connection and locating system (GPS) connection enabled and that the used mobile device is suitable for using the Service.

III.2. All costs and charges arising from the use of the Service by the User through its own mobile device shall be borne by the User (for example, Internet usage fees, messaging fees, data traffic charges, etc.)

III.3. The User acknowledges that, when using the Service, the App may, depending on the User’s permission, use the Bluetooth connection of the mobile device it uses.

III.4. The User is aware that the use of the Service involves data traffic on the Internet, therefore the quality of the Service may depend to some extent on the strength of the Internet connection and the bandwidth. The Provider does not guarantee that the Internet connection required for the Service is available to the user everywhere and at all times.

IV. THE USE OF THE SERVICE

Rental Period

IV.1. The Rental Period begins when the User indicates, through the App, his / her intent to use a Device of his choice and this is confirmed by the Provider through the App.

IV.2. The User shall use the App to scan the QR code on the selected Device. After this, the App activates the Device upon completing the “How to Ride” walk through, which makes the Device ready to use.

IV.3. During the use of the Service, the App continuously displays the elapsed time since the beginning of the Rental Period and the distance the Device has traveled.

IV.4. The User pays the Service Fee for every minute of using the Service.

IV.5. The Rental Period ends when the User parks the Device in accordance with the provisions of this GTC, or if the Provider terminates the Rental Period as per described within this GTC.

IV.6. Throughout the entire Rental Period, the User is solely responsible for the Device used.

IV.7. The User can pause the actual ride during the Rental Period, via the App. Upon pause, the User shall Park the Device. After the pause, the User may continue the ride and using the Device.

IV.8. During the pause, the pause rates are applicable.

IV.9. During the pause the Device cannot be used by someone else than the User.

IV.10. The User is not entitled to transfer the use of the Device to a third party other than the cases governed by this GTC.

IV.11. The User may use and rent one device at a time.

Availability and Maintenance

IV.12. The User acknowledges that the use of the Service operates on the first-come, first served basis. Even though the Provider does everything in its power to provide a sufficient number of Devices, there may be instances where the User does not find a Device that is available, suitable or ready for use.

IV.13. The Provider undertakes to make all reasonable efforts to ensure that the Device chosen and used by the User is suitable for use and complies with applicable traffic and other regulations.

IV.14. At the same time, the User acknowledges that due to the nature of the Service, the Provider is not able to keep any of the Devices under direct control, thus there may be Devices that are temporarily out of service and unfit for use.

IV.15. During use, the Devices shall not be made unavailable to others or locked down in any other way than regulated in this GTC.

IV.16. User agrees that he / she is responsible and liable for any misuse, consequences, claims, causes of action, losses, liabilities, damages, injuries, costs and expenses penalties, or disbursements of any kind or nature whatsoever related to or arising from a stolen or lost Device.

Terms of Use of the Service

IV.17. By using the Service, the User explicitly declares that:

a) he / she is physically fit to use the Service,

b) the maximum weight of the User is less than 120 kg,

c) taller than 140 cm,

d) acknowledges that only one person can use each Device,

e) acknowledges that the User must use the handle with both hands all the time during the ride,

f) acknowledges that the User shall not hang or transport anything on the handle,

g) can safely participate in the traffic using the Device,

h) is aware of the governing rules of using the Service, in particular participating in traffic,

i) is aware that the use of the Service or the use of the Device is considered as a Dangerous Plant or that, due to the nature of the Service, in some cases the use of the Device may be a threat,

j) have the appropriate qualifications and knowledge to use the Device, and that the User is able to use the Device without any help from the Provider,

k) the User is aware that it is the User’s duty to have and wear a helmet or any protective equipment, in particular where this is required by the law or the local regulations,

l) is aware that the use of such protective equipment does not eliminate the possibility of injury,

m) is aware that any liability for any offense committed during the use of the Service and the Device will be borne by the User, including any fines imposed,

n) is aware that the Provider reserves the right to identify individual Users to the competent authorities or to facilitate their identification if required by the authorities,

o) is aware that the Provider has no insurance where the User is the beneficiary,

p) is aware that, if the User causes any damage to a third party during the use of the Service, the User is itself liable and the Provider cannot be held liable for any damage caused thereby,

q) accepts that the User shall use the Device in accordance with the actual weather conditions,

r) accepts that the User may not make any changes to the Device, and the User may not remove any part of it,

s) does not use the Service without the intent of paying for it,

t) accepts that in the event that the User parks the Device outside the Service Area, the User shall pay additional fees to the Provider.

Limitations of Using the Device

IV.18. The User acknowledges that the usability of each Device is primarily determined by its battery charge.

IV.19. The status of the battery of the Device selected by the User is also shown in the App

IV.20. The User expressly acknowledges that the use of the Device, the distance available with the Device and thus the length of each Rental Period is significantly affected by the battery status of the Device. The Provider may not be held liable in any way due the battery status of any Device and if the battery status of any Device does not reach the desired level by the User or the amount required to achieve the purpose for which the User intends to use the Service.

IV.21. The battery lifes of the Devices are not always the same, it may depend largely on the driving style of the given User, the road conditions or the weather.

IV.22. The Provider does not guarantee any possible distance regardless of the status of the Device’s battery. The User acknowledges that the Device may stop at any time during the Rental Period due to the insufficient charge of its battery.

IV.23. The User acknowledges that in the App, the distance shown traveled by the Device is not always accurate and is for information only.

IV.24. The User acknowledges that he will use the Device in its “as is state”. Therefore, the Provider cannot be held responsible for any failure or malfunction of any feature of the Device, or if the Device is unsuitable for use.

IV.25. In all cases, the User shall verify the status of the Device and its usability before using it.

IV.26. The User acknowledges that the Devices are not suitable for certain routes. The Provider does not guarantee that the Device will be effectively used on the route on which the User intends to use it. The Provider does not provide or maintain any routes on which the Device may be used effectively.

IV.27. The User acknowledges that the Devices are not for public transport, the User may use them only in accordance with the present GTC with the payment of the relevant fees.

IV.28. During the use, until the end of the Rental Period, the battery charge of the Device cannot go below 11%. If the Device’s battery charge level drops to a critical level, the Provider informs the User through the App. In the event of such notice, the User shall terminate the Rental Period as set forth in this GTC.

IV.29. If, however, the level of the battery falls below the critical level in the course of use, or is discharged and the User is unable to park the Device in accordance with the provisions of this GTC, the User is obliged to immediately notify the Provider of the whereabouts of the Device and to return the Device to the Provider.

IV.30. The User will be notified if the battery charge level reaches the critical level.

IV.31. In the event that the Device is discharged and the User does not notify the Provider, the Provider shall classify the Device as stolen and shall take the appropriate action. In this case, the User’s registered Card will be charged with the applicable fees described in the Price List.

Provisions applicable in the event of an accident

IV.32. If the User becomes a party to an accident, the User shall:

  • notify the Provider immediately,
  • notify the competent authorities immediately,
  • The above also shall be applied if the Device is stolen.

Failure to accomplish any of the above is deemed as a serious breach of this GTC.

The checking of the Device

IV.33. Before and during the use of the Service, the User must in any case verify and perform the following tests:

IV.34. Make sure that the Device is in good condition and is suitable for use

IV.35. Tries the most important parts of the Device, such as brakes, handle-bar, bell, wheels, lights, GPS transmitter, etc.

IV.36. The battery level of the Device reaches the appropriate level.

IV.37. Notifies the Provider of any defects found on the Device and of the fact that the Device is not suitable for use and make photographs of such defects and sends them to the Provider via the App.

IV.38. If the User indicates within 1 minute from the beginning of the Rental Period that the Device is unsuitable for use, the Provider shall cancel the Rental Period free of charge.

IV.39. If the User does not indicate that the Device is unsuitable for use within 1 minute of the beginning of the Rental Period, the User shall not claim during the given Rental Period that the Device was defective at the beginning of such period.

The Limits of Using the Service

IV.40. The Devices shall not be used in the following circumstances:

  • If the User is under 18 years of age,
  • if the User is physically or mentally unable to use the Device safely,
  • if the User has an item that adversely affects the ability to use the Device,
  • If the User has consumed alcohol or drugs or any other substance that affects the fitness for use of the Device
  • If the user is on the phone, sending or reading text messages, listening to music or is otherwise distracted from the use of the Device
  • in bad weather conditions (wind storm, fog, rain, lighting, snowfall)
  • if the Device has a visible defect that renders it unusable
  • if breaching the traffic rules,
  • if competing in a race, bouncing, maneuvering aggressively, rallying with the Device,
  • if the User conducts any commercial activity with the Device or if the User uses it for its own commercial activity,
  • if the User uses the Device for any advertising purposes
  • if the User carries a third person, an object, or tows an object with the Device,

V. TERMINATION OF THE RENTAL PERIOD, AND PARKING OF THE DEVICE

V.1. The User shall return the Device in the same condition as it was at the beginning of the Rental Period.

V.2. At the end of the Rental Period, the battery level of the Device shall not be less than 11%. If the Device’s level of charge is less than 11%, the User is obliged to contact the Provider and discuss the parking of the Device as the Device can not be Parked.

The Rental Period can be terminated if:

  • the Device has been parked appropriately,
  • in an area that is accessible to others and is within the Service Area, and has a GPS signal and Internet availability
  • the User has indicated through the App that he / she has finished the use of the Device and this has been confirmed by the Provider.

V.3. In certain cases, regulated by this GTC, the User is entitled to park the Device outside the Service Area, in which case the Provider may be entitled to an additional fee in accordance with the Fee Schedule

V.4. If, for any reason, the User is unable to return the Device as described above (for example because the battery is discharged or because there is no internet connection), the Provider shall be notified through the App. In this case, the Provider terminates the Rental Period and reserves the right to reimburse the resulting costs to the User.

V.5. The Provider reserves the right to unilaterally terminate the Rental Period in the event that the use of any Device is not ended within 24 hours after the commencement of the Rental Period.

V.6. The User, upon request, is obliged to provide information on where the Device has been parked at the end of the Rental Period, within 168 hours of that date.

V.7. During the parking of the Device, the User is obliged to comply with the relevant traffic regulations. The User is also obliged to make sure that the parked Device does not disturb anyone in traffic.

V.8. It is forbidden to park the Device inter alia:

a) underground,

b) inside of a building,

c) park houses,

d) shopping malls,

e) anywhere closed from the public,

f) in airports,

g) in private properties,

h) by locking with a physical lock,

V.9. The User is obliged to make sure that the Device is not parked in a place where it is temporarily forbidden to park.

V.10. It is forbidden to park the Device in a place where there are temporary restrictions on parking.

V.11. Should the User park the Device in violation or non-compliance with the above, the Provider may be entitled to reimbursement of additional costs according to the Fee Schedule.

V.12. If the User does park the Device inappropriately, then the Rental Period will not be terminated and the Provider’s fees will continue to apply until the Device is returned by the User in accordance with the provisions of this GTC or if the 24 hours expire since the beginning of the rental period.

V.13. If the User is unable to park the Device and finish the Rental Period due to a technical reason, the User is obliged to make a video and photos of the Device as it is parked and ready to finish the Rental Period and provide these photos and the video to the Provider via the App.

VI. PAYMENTS AND BILLING

VI.1. The User shall use the Service on a “pay per ride” basis, i.e, at the end of each Rental Period, the User shall pay all the fees and costs related for the given Rental Period.

VI.2. All the fees and costs paid to the Provider include all applicable taxes and all the current prices are available in the App and on the Provider’s web-page. The Provider is entitled to amend the price list at any time.

VI.3. The Provider will charge the User’s registered credit or debit card with the amount of the fees of the current ride as described herein.  Mint also uses a temporary deposit for User’s credit / debit card when he/she start riding. If the rental fee was lower than the deposited amount, the Provider will render an account the User the remaining amount within 2-5 days. If the rental fee was higher than the deposit, the amount will be increased at the end of the rental period.

VI.4. The User, by using the Service, authorizes the Provider to charge the Card for all fees and costs incurred by the User.

VI.5. In case the Users disputes any charge, the User must contact the Provider within 10 business days from the end of the rental period with the disputed charge.

VI.6. The maximum length of each Rental Period is 23 hours 59 minutes. Before this period ends, the User is obliged to terminate the current Rental Period. Upon termination the User may start a new Rental Period. The maximum charge for the maximum length will be charged based on the Price-list. In case the User parks the Device and terminates the Rental Period, the registered Card will be charge with the Service Fee related to the given Rental Period.

VI.7. In case the Device is not parked properly by the User and therefore the Rental Period cannot be terminated within 24 hours upon commencing the Rental Period, the Provider shall consider the Device as stolen and the Provider will be entitled for an addition based on the Price-list (in addition the applicable Rental Fees). In this case, the Provider will charge the Card with the Service Fee and this one-time fee from in one amount upon the end of the 24 hours period.

VI.8. If the user parks the Device in an inappropriate way, such as parking outside the Service Area, or where the Device is not allowed to park, the Provider is entitled to a one-time penalty fee based on the Price-list. After the Rental Period (within 2-5 days), the Provider will charge the card with this one-time fee along with the service fee.

VI.9. In case the User violates this GTC and uses the Device in an inappropriate way in a way it is not intended, thus leaving the Device in a dysfunctional state, the Provider is entitled to charge a one-time fee based on the Price list. If the Device requires repair, the Provider is entitled to forward the repair fee to the User. After the Rental Period (within 2-5 days), the Provider will charge the card with this one-time fee along with the service fee.

VI.10. In case the battery charge falls under 20% during the ride, the User will get a notification noting that the acceleration handle can be used for an additional 3 minutes. After this 3-minute period, the acceleration handle will no longer be active and the Device has to be parked within 15 minutes. If the User doesn’t park the device within the given 15 min, the Provider is entitled to charge a one-time fee based of the Price list. If the User fails to comply and the battery capacity falls under 11% the User won’t be able to park the Device. In this case the User shall contact our support team and park the Device with our help.

VI.11. In addition, the User is fully responsible for any additional fees occurred during the Rental Period, such as penalties and other fines. The registered Card will be charged with these fees and penalties upon arise.

VI.12. You, as a User acknowledge that you must have a valid credit or debit card registered to the User Account throughout the use of the Service. If there is a change in the details of the registered Card, the User must make these changes in the User Account without any hesitation.

VI.13. The User acknowledges and accepts that the Provider may charge the Card directly without the User’s approval to pay the amount due.

VI.14. In case the User has any complaints regarding any charges, this complaint must first be reported to the Provider before reporting to any third party.

VI.15. Before using the Service, the User is obliged to register the credit card in the User Account and to provide at least the following information:

  • name on the credit card,
  • credit card number,
  • validity of the credit card,
  • the CVC number on the credit card

VI.16. By providing these information or registering the credit card the User accepts and agrees that the Provider may charge the Card in accordance with this GTC.

VI.17. Promotion codes are one-time discounts and can only be redeemed via the App. The Provider reserves the right to modify or cancel any codes at any time without prior notice. The discounts are limited to one per customer and account and may not be combined with other offers. Discounts are non-transferable and non-refundable and not to be resold.

VII. MISCELLANEOUS

VII.1. The total liability of the Provider and all other related persons or for any and all claims, including those based in contract, tort, statue, or other grounds is limited to the sum of EUR 100.

VII.2.All of the content featured or displayed on the Services, including, without limitation, text, graphics, photographs, images, moving images, sound, and illustrations or ideas, is owned by the Provider.

VII.3.The Provider is entitled to amend the provisions of the General Terms and Conditions for the future and to unilaterally amend the fees stated in the Terms of Service by publishing them on it’s website.

VII.4. The Parties shall endeavor to settle disputes arising in connection with the interpretation, performance or termination of the GTC between them, in a peaceful manner through negotiations.

VII.5. User published content and User submissions do not represent the views of the Provider or any individual associated with the Provider, and the Provider does not control this content.

VII.6. The User or the Provider may suspend or terminate the User’s right to use of the Services at any time, for any reason or for no reason. The Provider may also block the User’s access to the Services in the event that (a) User breaches this GTC; (b) We are unable to verify or authenticate any information the Users provide to us; or (c) We believe that the User’s actions may cause financial loss or legal liability for the User, our other users or us.

VII.7. This GTC (and any applicable Additional Terms) that applied when the User previously used the Services will continue to apply to such prior use (i.e., changes and additions are prospective only) unless mutually agreed.

VII.8. The Provider undertakes to ensure that all data processing related to the Service complies with the requirements set forth in this GTC and the applicable legislation. The Provider is responsible to the Users for the compliance of the management of their personal data with the requirements set forth in the effective legislation and in this GTC.

VII.9. The Provider is committed to protecting the User’s personal data and attaches great importance to the respect of the User’s right to information self-determination. The Provider shall treat personal data confidentially and take all security, technical and organizational measures that guarantee the security of the data.

VII.10. The IT system and network of the Provider and its co-operating partners are both protected against computer-assisted fraud, espionage, sabotage, vandalism, fire and flood, as well as computer viruses, computer burglary and denial of service attacks. The operator provides security at server-level and App-level security.

VII.11. The Provider shall not transmit personal data for purposes other than those described in this GTC, to persons not named here, and shall provide anonymous data for statistical purposes only, in order to optimize the use, development and efficiency of public transport and the Service.