Valid from 01.03.2024
1. General terms and conditions
1.1 These Terms of Use relate to your use of electric scooters (scooters), hereinafter referred to as "Electric Vehicles"; our mobile application for accessing and using electric vehicles (hereinafter referred to as the "Application"); and other related services, such as sharing, charging, maintenance, receiving electric vehicles and similar services (hereinafter referred to as "Related Services") provided by Us (the "Electric Vehicles, the Application and the Related Services" are collectively referred to as the "Services"). This document has legal force and is equivalent to a public offer (adhesion) agreement signed by the parties and is considered concluded from the moment the User accepts its terms in accordance with the provisions of Articles 641, 643 of the Civil Code of Ukraine from the moment of marking the agreement with such terms.In order to receive services for the use of electric transport, you must first familiarize yourself with these terms, the privacy policy and the terms of the public offer, which are posted in the application and on the website https://m-riy.com.ua. The fact of your use of the Application is considered to be your acceptance of all these terms and conditions.
In order to receive services for the use of electric vehicles, you must first read these terms, privacy policy and terms of the public offer, which are posted in the application and on the website https://m-riy.com.ua. The fact that you use the Application is considered your acceptance of all these conditions.
1.2 The following documents are binding and are incorporated by reference into this Agreement:
1.2.1 the rules for the operation of electric vehicles set out in Annex A to this Agreement (the “Travel Rules”);
1.2.2 safety rules relating to the use of electric vehicles set out in the Annex and, as the case may be, in the Annex on safety equipment (“Safety Rules”);
1.2.3 the schedule of fees and tariffs specified in the Annex and on the website https://m-riy.com.ua, any other information regarding the price, rules, which is displayed in the Annex and on the website, related to Basic travel and Prepaid travel (as defined in paragraph 4.1 of the Terms), any valid terms of use of the Promo Code and any instructions, manuals (including, if necessary, instructions for the operation of electric vehicles), and any other instructions and guidelines displayed in the Annex; and
1.2.4 other terms relating to the business and product referred to in this Agreement, including descriptions of services, policies and notices, including the Privacy Policy (“Privacy Policy”), which is set out in the Annex or at: https://m-riy.com.ua and will be used in accordance with the processing of your personal data in connection with the use of the Services;
1.2.5 additional conditions for a specific country or city (“Service Area”) applicable in the area in which the trip is made.1.3 As Our Services evolve, We may make changes to these Terms at any time. The changes take effect from the moment of publication of the amended Agreement or its additional conditions in the Appendix or on our website. The basis for continuing to use the Services after such placement is your consent to the binding nature of the Agreement as amended. We reserve the right to notify you of changes via the App, contact information from your Account, or in any other reasonable manner.
2. Use of the Application
2.1 Services are provided exclusively through the Appendix. The application allows people who need to move in the city to find Elektrotransport by exchanging information about their location.
2.2 To use the Services, you must install the Application and register a user account (“Account”). During the installation of the program, your mobile phone number will be associated with your Account and added to our database.
2.3 In the event of any problems with the operation of Our Application, we strive to correct them as soon as possible, but you confirm that the functionality of the program may be limited due to occasional technical errors, and We cannot guarantee unlimited smooth operation of the program in anytime. We are not liable for any damages incurred due to the fact that the Application does not function or cannot be used as desired.
2.4 Subject to your terms of this Agreement, We provide you with a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to access and use the Application on your personal device, valid solely in connection with your use of the Services.
3. Legitimacy of users and their Accounts
3.1 You have the right to use the Services to the following conditions:
3.1.1 You have an Account;
3.1.2 You are familiar with these terms, privacy policy and the terms of the public offer, which are posted in the application and on the website https://m-riy.com.ua;
3.1.3 Your Account is linked to a valid credit or debit payment card or other payment method supported by the Application (“Selected Payment Method”);
3.1.4 You are at least 18 years old and you have the legal right to drive electric vehicles in accordance with the legislation on the minimum age for the use of available types of electric vehicles in your Service Area, as well as meet other legal requirements for persons operating electric vehicles. If the law requires a driver’s license, liability insurance policy and / or other requirements, you must monitor and comply with such changes in the law yourself.
3.1.5 You are physically healthy and have the necessary skills and knowledge to safely and competently use, drive and operate electric vehicles.
3.2 When creating and using your Account, you:
3.2.1 agree to use only your real name, exact personal information and payment card information to create an Account and to constantly update this information in the event of its change;
3.2.2 agree that you may be asked to provide an identity document in the form of a photograph of your driver’s license or other document issued by the competent identity authority to obtain or maintain access to the Services;
3.2.3 is responsible for the access, control and security of your Account and is responsible for: username and password to your account; all actions performed under your profile, including, but not limited to, activation (unlocking), use, deactivation (completion of the trip) and proper parking of electric vehicles in accordance with this Agreement and, as the case may be, in the permitted parking area, or inability to do so , except when you have reported the misuse of your account in accordance with clause
3.2.4 of the Agreement, we may assume that any person using your username and password is authorized to do so by you;
3.2.4 agree to notify us immediately if you become aware of any unauthorized access to or use of your Account, or any other situation that may result in loss of control of your Account;
3.2.5 you agree that We have the right to suspend or disable Your Account to the extent necessary to ensure the lawful use of the Application, including, without limitation, for the purpose of fraud prevention, risk assessment, investigation and customer support; to ensure Your compliance with this Agreement; to comply with applicable law of Ukraine or a decision of a court, law enforcement or other administrative body or government authority; or in other cases specified in this Agreement or at our sole discretion;;
3.2.6 you agree that We may send you text (SMS), push messages and emails related to the Services.
4. Use of electric vehicles
4.1 By unlocking an electric vehicle through the Appendix, you agree to rent an electric vehicle on a condition of payment upon travel (“Basic Travel”) or through a prepaid package (“Prepaid Travel”), in accordance with the terms of this Agreement and the applicable Tariff Grid. during the lease term.
4.2 Each time you unlock the electric vehicle and start the trip, you declare and guarantee that you have read and understood:4.2.1 All applicable traffic rules;
4.2.2 The travel rules set out in Annex A;
4.2.3 Safety rules;
4.2.4 The terms and conditions of your liability applicable in the Service Area, and
4.2.5 Conditions of legality listed in sections 3.1 and confirm their implementation.
4.3 By unlocking the electric vehicle you agree and undertake:
4.3.1 that the electric vehicle and any equipment attached to it always remains our property and that you have no right to dismantle, modify, repair, destroy or damage the electric vehicle or any equipment attached to it in any way;
4.3.2 use electric vehicles in accordance with this Agreement, including the Travel Rules, Safety Rules, any instructions, recommendations, directions, notices, guidelines and recommendations displayed in the Annex, as well as the terms and conditions for your respective Service Area;
4.3.3 not allow other persons to use electric vehicles unlocked by you;
4.3.4 assume full responsibility for the operation of the electric vehicle during the rental period and return the electric vehicle in the same condition as it was rented to the authorized parking lot in accordance with the current legislation of Ukraine, the type of electric vehicle and the parking instructions specified in the appendix ("Permitted Parking Area"). If the electric vehicle is returned damaged or in a faulty condition, you will be charged a fee equal to the cost of repair.
4.4 If the electric vehicle runs out of charge during the rental, you stop the trip in accordance with the instructions of the Annex and the terms of this Agreement and park the electric vehicle in the Permitted parking area.
4.5 You must notify us of any road accident, accident, damage, damage, theft or loss of electric vehicles in accordance with Section 10.1 as soon as this incident occurs. If the incident involves damage, property damage or theft of an electric vehicle, you must report to the nearest police department at the place of the relevant event and/or offense within 24 hours and notify us immediately.
5. Payment and fees
5.1 You may use our Services at Basic or Prepaid Travel rates, if available. You will be charged for the use of electric vehicles and services in accordance with our Tariff Grid specified on the websitehttps://m-riy.com.uaand type of electric transport. Each use of the electric vehicle starts when you press the “Unlock” button (or the equivalent button in the appendix) and ends when you press the “End Travel” (or the equivalent button in the appendix). Our fees and other fees may be subject to appropriate taxes and other local government fees that may be collected by Us.
5.2 In some Service Areas, you may be able to purchase Services through Prepaid Travel. The Terms and Conditions of Pricing applicable to Prepaid Travel will be displayed in the Appendix, which you should read and accept before purchasing, and will contain a description of the restrictions of Prepaid Travel. Restrictions may include a daily time limit, the number of unlocks, or daily travel restrictions. Prepaid passes cannot be used with promotional offers, gifts or other discounts. Purchasing prepaid travel does not guarantee the availability of the Services. Prepaid terms expire on the expiration date specified at the time of purchase, in the appropriate price conditions.
5.3 You have the legal right to cancel the Prepaid Travel within 14 days from the date of purchase without explaining the reasons. If you wish to cancel the Prepaid Travel, you may (i) use the standard withdrawal form provided in Annex B, or (ii) make any other unequivocal statement setting out your decision to cancel the Prepaid Travel by contacting us accordingly. to section 10.1.
5.4 If you activate Prepaid Travel within the 14-day period after withdrawal after purchasing Prepaid Travel (this means that you expressly request that the Services begin to be provided from that date and before the end of the cancellation period), then you expressly waive your right to refuse . If you exercise your right of cancellation within 14 days, in accordance with the above conditions, you will be entitled to a refund in proportion to the restrictions of the Prepaid Travel you have purchased and used until termination.
5.5 We may issue promotional coupons or codes under any additional conditions set for the relevant promotional code (“Promotional Codes”). We reserve the right to change or cancel Promo Codes at any time in our sole discretion. We may suspend or revoke the Promo Codes and your use of the Application at any time if we have reason to believe that the use or redemption of the Promo Code (s) has been erroneous, fraudulent, illegal or in violation of the Terms of the Promo Code or of this Agreement.
5.6 You agree to pay any fines, fees, charges and/or any other charges incurred by Us arising from Your use of any electric vehicle, Your parking of electric vehicles (for example, outside the Permitted Parking Area) or as a result of Your violation of any law, rule, regulation or resolution and/or decisions of the controlling bodies of state and local authorities authorized to control the relevant laws, rules, regulations, resolutions, etc. while using the Services, in accordance with.
5.7 All amounts and payments transcended to us will be charged at the expense of your chosen method of payment. If you are unable to recover from these payment methods, other recovery procedures may apply. You agree to reimburse all of Our costs for recovery, including without limitation fees and other penalties, in the event of your non-payment of arrears due to Us.
5.8 You may pay for the Services using the selected payment method, which requires prior activation in the Application. You authorize us to collect, through the payment method You have selected associated with Your Account, all fees and taxes in connection with Your performance of the Services under this Agreement. Such fees and charges may be subject to applicable taxes, which We may additionally charge.
5.9 We and our contractors support payment through the Appendix, provide assistance and resolve disputes related to payment through the Appendix. If you are challenging any transactions we have charged with your chosen payment method, you must contact us in accordance with Section 10.1 within 10 business days.
5.10 For payments by credit and debit payment card We may charge a service fee for each payment attached to each service order. The service fee is charged for the service of Visa / Mastercard payment systems. The amount of the service fee is displayed in the Appendix. Your bank may charge additional fees for using your credit or debit card, which are not reflected in the Appendix. Please note that after booking the electric vehicle, we will automatically pre-authorize the amount from your credit card to confirm payment.
5.11 You agree to notify us immediately of any changes to your chosen payment method associated with your Account that may impair our ability to charge you under this Agreement.
6. Responsibility
6.1 You acknowledge and agree that Your use of the Services, electric vehicles and related equipment is at Your sole and individual risk and that We shall not be liable for any consequences, claims, demands, causes of action and events, losses, liabilities, injuries, fees, costs and charges, penalties, legal fees or any disbursements, foreseeable or unforeseeable, and whether known or unknown, that You or a third party may incur as a result of Your use of the Services. You fully understand such risks, acknowledging that:
6.1.1 traveling by electric vehicle involves many obvious and unobvious risks and dangers that may result in injury or death to you or others, as well as damage and/or destruction of property, and that such risks and dangers may not always be predictable or avoidable;
6.1.2 electric vehicles are a product that may malfunction even if properly maintained and may cause injury in the event of a malfunction;
6.1.3 wearing a helmet, reflective clothing in the dark and other protective equipment and careful observance of the Traffic Rules, the Rules of the Trip and this Agreement are important to reduce your risk of injury and the risk of causing injury or other bodily harm to others.
6.2 If your use of any of the Services causes any harm or injury to yourself, another person or property, you are solely responsible for any consequences, claims, causes of action, damages, obligations, injuries, fees, costs , fines, court fees, court decisions, lawsuits or payments of any kind, foreseeable or unforeseen, known or unknown. If your conduct forces us to pay third party claims, you are fully liable to us and agree to reimburse us for any damages incurred by us in the payment of these claims by third parties.
6.3 We reserve the right to offer liability insurance ("Insurance Coverage") in some or all of the Service Areas to insure, subject to limitations and exclusions to the Insurance Coverage, the liability you have for any injury to third parties or accidental damage to third party property arising from your use of the Electric Vehicle. If You have not paid for insurance coverage, You understand and acknowledge that You are responsible for any Expenses incurred by You to a third party or third party property including, without limitation, the costs of ambulance transportation, hospitalization and medical treatment.
6.4 All Services, including electric vehicles and related equipment, are provided "AS IS" and "AS AVAILABLE" to the fullest extent permitted by law and the laws of Ukraine. We exclude and do not provide any warranties, conditions of any kind, whether express, implied or imposed by any applicable law of Ukraine. We do not represent or warrant that any of the Services, the vehicles or related equipment will be properly repaired or uninterrupted or that delays, omissions, interruptions or inaccuracies will not occur with respect to any of the Services, the vehicles or related equipment. In particular, We are not responsible for and do not make any representations, warranties, endorsements or promises, express or implied, as to whether or not
6.4.1 information (including any instructions in the Annex) concerning the Services, accurate, complete, correct, adequate, useful, timely or reliable;
6.4.2 any defects or errors in the Services will be modified or corrected;
6.4.3 services will be available at any specific time or in the Service Area; and
6.4.4 your lawful use of the Services in any Service Area.
6.5 All related terms, conditions and warranties of any kind with respect to the Services are set forth to the maximum extent permitted by the laws of Ukraine. Nothing in this Agreement shall exclude, limit or modify any warranties, obligations, terms or conditions, rights or remedies provided for or imposed by any applicable laws of Ukraine that may not be lawfully excluded, limited or modified.
6.6 any warranty, condition, obligation or term is provided for or imposed by any applicable Ukrainian law and cannot be excluded ("Non-Excluded Provisions") and We are unable to limit Your right to defend against a breach of a Non-Excluded Provision, then Our liability for breach of a Non-Excluded Provision shall be limited solely (to the extent permitted by law) to one of the following options offered by Us:
6.6.1 in respect of goods, the replacement of goods or the supply of equivalent goods, the repair of goods, the payment of costs for the replacement of goods or the purchase of equivalent goods or the payment of costs for the repair of goods; or
6.6.2 in relation to services, re-provision of services or payment of costs for re-provision of services.
6.7 In any case shall our total liability for any claims arising out of this Agreement, including claims based on tort or otherwise, exceed the hryvnia equivalent of EUR 500 (five hundred) or the amount of fees paid to us during the period. the lease during which the incident, accident or event giving rise to the claim occurred, whichever is lower, whichever option is less expensive.
6.8 Neither We nor You shall be liable for damages or delays or disruptions resulting from circumstances beyond the control of a third party, including, without limitation, natural disasters or acts of God, earthquakes, fires, floods, war , terrorism, civil, industrial or military disturbance, sabotage, labor strike or blockade, pandemic, epidemic, riot, loss or malfunction of utilities or communications services, cyberattack, court order, acts of civil or military authority, or state, judicial or regulatory actions.
6.9 To the maximum extent permissible under the applicable laws of Ukraine, neither We nor any of our affiliates, representatives, directors, employees shall be liable for any loss or damage that You may suffer under or in connection with this Agreement or as a result of using the Application, including, but not limited to
6.9.1 any direct or indirect property damage or monetary loss;
6.9.2 loss of profit or anticipated savings (including lost profits);
6.9.3 loss of business, contracts, agreements, legal capacity, reputation and any other losses that may arise as a result of the termination of business;
6.9.4 loss or inaccuracy of data; or
6.9.5 any other type of loss or damage.
7. User Information
7.1 You warrant that any text, images or other information that You provide to Us while using the Services ("User Content") will comply with the Acceptable Use Guidelines as set forth in Section 10 of this Agreement below.
7.2 We do not claim ownership of the User Information and ownership will remain with You and any third party whose Information You have included in Your Information. You grant Us a non-exclusive, royalty-free and perpetual consent to use, copy, reproduce, distribute, adapt, reformat, modify, publish, translate, license, re-license and exploit the User Information and other personal data as necessary to provide the Services in any place and in any form for the purpose of providing the Services (including, where applicable, in enabling other users to view the User Information).
7.3 You warrant that You can also provide Us with the above consent to the number of any information that may belong to a third party that You include in the User Information.
7.4 Our right to use the User Information and your Personal Data (data of third parties included by you in the User Information) does not in any way affect your rights to privacy. Please read Our Privacy Policy for information on how We use your personal information.
7.5 We have the right to track any User Information and to reject, deny or delete any User Information if we believe that it violates any of the rules of permissible use.
8. Rules of permissible use
8.1 In addition to the other requirements of this Agreement, this section describes the specific rules that apply to your use of the Annex (the “Rules of Permissible Use”).
8.2 When using the Application you must not:
8.2.1 circumvent, disable or otherwise interfere with any functions related to the security of the application of the Annex;
8.2.2 allow another person to use the Application on your behalf;
8.2.3 use the Application if We have suspended or prohibited you from using it;
8.2.4 advocate, promote or participate in any illegal or unlawful act or act that harms or harms any person or their property;
8.2.5 modify, interfere with, intercept, disrupt or hack the Application or its operation (programmatically or in any other way);
8.2.6 misuse the Application by intentionally introducing viruses, Trojans, worms, logic bombs or other materials that may harm the Application or any user of the Application;
8.2.7 collect any data from the Annex, other than those specified in accordance with this Agreement;
8.2.8 provide or transmit any User Information that contains nudity or violence or is offensive, threatening, obscene, misleading, untrue or degrading;
8.2.9 provide or make any User Information that does not belong to you or may not be used by you or that otherwise infringes the copyrights, trademarks or other rights of third parties;
8.2.10 use the Information in violation of any license terms specified by the owner;
8.2.11 provide or transmit any information or comments about another person without the permission of that person (personal data, etc.);
8.2.12 threaten, abuse or interfere with the privacy of third parties, cause irritation, inconvenience or undue concern or disturb, upset, embarrass or irritate any person;
8.2.13 use any automated system, including unlimited, “robots”, “spiders” or “stand-alone readers” to access the Application in such a way as to send more messages requesting the Application than a person can logically perform during equivalent period of time; or
8.2.14 other actions that are considered inappropriate for the use of the Annex.
8.3 Failure to comply with the Rules of Permissible Use is a material breach of this Agreement and may result in:
8.3.1 immediate temporary or permanent waiver of your right to use the Application;
8.3.2 immediate temporary or permanent deletion of any of your Information;
8.3.3 warnings;
8.3.4 legal action against you, including a claim for reimbursement of all expenses (including, but not limited to, penalties, administrative and legal expenses) arising from the violation;
8.3.5 disclosure of such information to law enforcement agencies as we reasonably deem necessary.
9. Settlement of disputes
9.1 This Agreement is governed by and construed in accordance with the laws of Ukraine.
9.2 Your obligations may be governed by the laws of Ukraine, including the Civil Code of Ukraine, the Law of Ukraine “On Road Traffic”, the Resolution of the Cabinet of Ministers of Ukraine “On Traffic Rules” and other laws and bylaws and acts of local governments applicable in Service Area (“Local Laws”), and you agree to abide by any such Local Laws.
9.3 Both we and you unconditionally and unconditionally submit to the jurisdiction of the courts of Ukraine and waive any right to object to the violation of any court proceedings in these courts on the grounds of their incompetence or incompetence.
10. Final provisions
10.1 Information and any other communications in connection with this Agreement or the Services shall be provided through the Application, sent by e-mail to support@m-riy.com.ua or communicated through the customer support channels available on our website.
10.2 You agree that this Agreement and all agreements incorporated herein may be automatically modified by Us at Our sole and absolute discretion.
10.3 In the event of a conflict or conflict between the General Terms and Conditions and the terms and conditions applicable to your Service Area, the provisions and conditions of the Service Area shall prevail.
APPENDIX A
Rules of travel – Electric transport
1 Security check
1.1 You are responsible for a thorough safety check before using an electric vehicle, which includes, without limitation, the following:
(A) good frame condition;
(B) good condition of the wheels (ie the wheels are not flat and not clogged with debris or dirt);
(C) safe operation of the brakes;
(D) sufficient battery power;
(E) the signal (call) of the electric vehicle works;
(F) lights and reflectors are in good working order if you are going to ride an electric vehicle in the dark;
(G) the electric vehicle does not show any signs of damage, unusual or excessive wear, or other mechanical problems or maintenance; and
(H) comply with the instructions, in particular the Safety Rules, provided to you in the Annex.1.2 Throughout the entire trip, you must constantly ensure that the electric vehicle and its operation comply with the safety requirements specified in clause 1 of this Appendix. If at any time during the ride you detect a violation of safety requirements or notice any other potentially dangerous defect, condition or threat, you must immediately stop riding the electric vehicle when it is safe to do so and report it in accordance with Section 10.1 of the Agreement.
2 Road safety
2.1 You must always drive an electric vehicle and drive it safely and only in the permitted sections of the road network. When using, driving or operating an electric vehicle you must:
(A) comply with all applicable laws of Ukraine, by laws and regulations and traffic rules;
(B) follow safety instructions;
(C) use protective equipment in accordance with the recommendations and requirements of the above laws, regulations and instructions, as well as when reasonably necessary to reduce the risk of injury (helmet, safety cushions and appropriate footwear);
(D) do not drive electric vehicles under the influence of alcohol, drugs, medications or other substances that may impair your ability to drive electric vehicles safely;
(E) comply with speed limits and adapt your speed to the situation, taking into account your driving experience, road conditions, road and electric vehicle conditions, weather conditions, traffic density and other traffic conditions, so that you can stop the electric vehicle without colliding with any obstacle that is or may be on the road and without causing harm to the life and health of other road users.
(F) while riding an electric vehicle, do not use cell phones, tablets, laptops, text messaging devices, music players or other devices that may distract your attention from safe driving;
(G) not to ride an electric vehicle on a dirt road, on water (outside of normal urban driving), or in any place where it is prohibited, illegal, or inconvenient to others or endangers the performance of the electric vehicle;
(H) do not use electric vehicles for racing, competition, mountain riding, tricks, stunts, etc .;(H) not to drive electric vehicles on highways and roads with limited traffic;
(I) not to drive electric vehicles against the direction of traffic;
(J) not to drive electric vehicles on sections of streets intended exclusively for pedestrians;
(K) not to go beyond the permitted area specified in the Annex;
(L) not to drive in bad or dangerous weather or road conditions, including snow, hail, ice, snowfall, icy rain or electric storms, which may cause electric driving to be dangerous;
(M) not to exceed the maximum permissible weight (100 kg or 220 lbs) established for the journey by electric vehicle;
(N) not to carry an additional person (persons);
(O) do not carry any items (such as briefcases, backpacks, bags, and / or other items) if they may interfere with your safe driving; and
(P) Drive electric vehicles in light clothing so that other road users can easily spot you.
3 Parking
3.1 You must:
(A) not to park the electric vehicle in a manner that may contravene any local laws or regulations of Ukraine, and traffic rules;
(B) not to block the road, impede traffic or excessively obstruct sidewalks;
(C) park the electric vehicle in a visible position and standing up so that other users can also use the electric vehicle without hindrance;
(D) follow the parking instructions set out in the Annex and, if possible, park electric vehicles in a designated and permitted parking space;
(E) notify any electric vehicle that is not parked in the permitted parking area while using the Services by notifying us in accordance with Section 10.1 or using the appropriate feature in the Annex.
APPENDIX B
Feedback form____________________________________
To Individual entrepreneur Mikhailis Dmytro Yevhenovych, (number of the taxpayer's account card: 3568103654) (Ukraine, 20300, Uman , prov. 4-32 Kamianiy, :
I would like to inform you that I am withdrawing from my contract for granting the following service: purchase of a prepaid admission to use the Services.
Ordered: [to be filled in by user]
Name of user (s): [to be filled in by user]
Address of user (s): [to be filled in by user]
Signature of user (s): (only when providing paper form),
Date: [to be filled in by user]
Contact us
If you have any questions or suggestions about our Term of Use Agreement, please contact us at: support@m-riy.com.ua
