1.GENERAL

1.1 These Terms and Conditions constitute the agreement ("Agreement") between you ("You", "User" or "Rider") and us, regarding Your use of (i) any human-powered and electrically assisted vehicle made available in the App; (ii) Our mobile application for accessing and using vehicles (“App”); and (iii) other related services made available by Us.

1.2 As Our Services evolve, we may amend this Agreement at any time. Amendments will be effective upon posting of the amended Agreement or its supplemental terms on our App. Your continued use of the Services after such posting constitutes Your consent to be bound by the Agreement as amended. We reserve the right to notify You about amendments via the App, contact information connected to Your Account or in any other reasonable way.

USE OF THE APP

2.1 The Services are used through the App. The App enables the persons requiring transportation to find Vehicles by sharing data of their geographic location.

2.2 The use of the Services requires installation of the App and registration of a user account ("Account"). During the installation of the App, your mobile number will be linked to Your Account and added to Our database.

2.3 In case of any defaults in the App, we endeavor to correct them as soon as possible, but you acknowledge that the functionality of the App may be restricted due to occasional technical errors and we are not able to guarantee unlimited faultless functioning of the App at all times. We accept no liability for any losses incurred as a consequence of the App not functioning or not being usable in the desired manner.

2.4 Subject to your compliance with the Agreement, we grant you a limited, non-exclusive, non-sub licensable, revocable, non-transferable license to access and use the App on your personal device solely in connection with your use of the Services.

3.USER ELIGIBILITY AND ACCOUNTS

3.1 You are eligible to use the Services if:

• 3.1.1 You have an Account;
• 3.1.2 Your Account is linked with a valid credit or debit card or other payment method supported by the App;
• 3.1.3 You are no less than 18 years old and legally authorized to ride Vehicles according to Local Laws related to the minimum age for the use of available Vehicles in your Service Area;
• 3.1.4 You have a valid driver license in the Service Area in which You are using the Services, if such license is compulsory for the use of the Vehicle;
• 3.1.5 You are physically fit, and have the necessary skills and expertise to use, ride and operate Vehicles, in a safe and competent manner.

3.2 When creating and using Your Account, You:

• 3.2.1 agree to only use Your real name, accurate personal and card information for setting up the Account, and keep such information up to date at all times;
• 3.2.2 agree that You may be requested to provide proof of identity in the form of a picture from Your driver license or a government identification document to obtain or maintain access to the Services;
• 3.2.3 are liable for the access, control and security of Your Account, and responsible for: (i) the user name and password for Your Account; and (ii) all actions carried out under Your Account, including, but not limited to, activating, using, deactivating (finishing Your ride) and proper parking of the Vehicles pursuant to this Agreement, or failing to do so, unless You have reported misuse of Your Account. We may assume that anyone using Your user name and password is authorized by You to do so;
• 3.2.4 agree to notify Us immediately if You become aware of any unauthorized access to or use of Your Account, or other situation that may cause loss of control of Your Account;
• 3.2.5 agree that We have the right to suspend or disable Your Account to the extent required to (i) secure lawful use of App, including without limitation for fraud prevention, risk assessment, investigation and customer support purposes; (ii) ensure Your compliance with this Agreement; (iii) comply with an applicable law or the order of a court, law enforcement or other administrative agency or governmental body; or (v) as otherwise set forth in this Agreement;
• 3.2.6 agree that We may send You text (SMS), push notifications and email messages in connection with the Services.

4.USE OF VEHICLES

4.1 By ordering for the Vehicle via the App, you agree to use the Vehicle on a pay-as-you-go basis or through a pre-paid package, subject to the terms of this Agreement and in accordance with the Fee Schedule applicable during the period.

4.2 Each time You order the Vehicle and start the ride, you represent and warrant that You have read and understood:

• 4.2.1 all applicable traffic laws and regulations;
• 4.2.2 the Riding Rules
• 4.2.3 the eligibility conditions and confirm that they are met.

4.3 By ordering the Vehicle, you agree and undertake:

• 4.3.1 that the Vehicle, and any equipment attached thereto, at all times, remains Our property, and that You shall not dismantle, modify, repair, vandalize or deface the Vehicle, or any equipment attached to it, in any way; and
• 4.3.2 not to allow any other person to use the Vehicle ordered by You.

4.4 You must report any accident, crash, damage, personal injury, stolen or lost Vehicle to Us. If the incident involves personal injury, property damage, or a stolen Vehicle, you shall file a report with the local police department within 24 hours.

5.PAYMENT AND FEES

5.1 You will be charged fees for Your use of the Vehicle and Services in accordance with Our Fee Schedule and the type of Vehicle. Each use of the Vehicle starts when you order a ride and terminates when you finish a ride. Our fees and other charges may be subject to applicable taxes and other local government charges, which may be charged and collected by Us.

5.2 We may issue promotional coupons or codes subject to any additional terms established on a per promotional code basis ("Promo Codes"). We reserve the right to modify or cancel Promo Codes at any time at Our sole and absolute discretion. We may suspend or cancel Promo Code(s) and Your use of the App at any time if We have grounds to believe that the use or redemption of the Promo Code(s) was in error, fraudulent, illegal or in violation of the applicable Promo Code terms or this Agreement.

5.3 All amounts due and payable to Us will be charged to Your Elected Payment Method. If these payment methods fail, other collection procedures may be employed. You agree to compensate all Our collection costs, including without limitation reasonable legal fees, if You do not pay amounts owed to Us when due.

6. LIABILITY

6.1 You acknowledge and agree that Your use of the Services, Vehicles and related equipment, is at Your sole and individual risk, and that We are not responsible for any consequences, claims, demands, causes of action, losses, liabilities, damages, injuries, fees, costs and expenses, penalties, legal fees or disbursements of any kind, whether foreseeable or unforeseeable, and whether known or unknown, that You or a third party may suffer as a result of Your use of the Services. You fully understand such risks by acknowledging that:

• 6.1.1 riding Vehicles involves many obvious and not-so-obvious risks, dangers, and hazards, which may result in injury or death to You or others, as well as damage to property, and that such risks, dangers, and hazards cannot always be predicted or avoided;
• 6.1.2 the Vehicle is a machine that may malfunction, even if properly maintained, and that such malfunction may cause injury.

6.2 If Your use of any of the Services causes any injury or damage to another person or property, then You will be liable for any and all consequences, claims, demands, causes of action, losses, liabilities, damages, injuries, fees, costs and expenses, penalties, legal fees, judgments, suits or disbursements of any kind, whether foreseeable or unforeseeable, and whether known or unknown. If Your conduct causes Us to pay third parties’ claims, you are solely responsible to Us, and agree to indemnify Us, for all losses incurred by Us in paying those third party claims.

6.3 All of the Services, in particular Vehicles and related equipment, are provided "AS IS" and "AS AVAILABLE". To the fullest extent permitted by law, we exclude and disclaim all guarantees, conditions, warranties or terms of any kind, whether express or implied or imposed by any applicable law. We do not represent, warrant or guarantee that any of the Services, Vehicles, or related equipment, will be in good repair or in an error-free state, or that delays, omissions, interruptions or inaccuracies will not occur in relation to any of the Services, Vehicles, or related equipment. In particular, we disclaim and make no representations, warranties, endorsements, or promises, express or implied, as to:

• 6.3.1 whether the information (including any instructions in the App) on the Services is accurate, complete, correct, adequate, useful, timely, or reliable;
• 6.3.2 whether any defects or errors in the Services will be repaired or corrected;
• 6.3.3 whether the Services will be available at any particular time or Service Area; and
• 6.3.4 whether Your use of the Services is lawful.

6.5 To the maximum extent permitted under the applicable law, neither We nor any of Our affiliates, representatives, directors or employees are liable for any loss or damage that You may incur under or in connection with this Agreement or as a result of using the App, including but not limited to:

• 6.5.1 any direct or indirect property damage or monetary loss;
• 6.5.2 loss of profit or anticipated savings;
• 6.5.3 loss of business, contracts, contacts, goodwill, reputation and any loss that may arise from interruption of the business;
• 6.5.4 loss or inaccuracy of data; or
• 6.5.5 any other type of loss or damage.

7.YOUR CONTENT

7.1 You confirm that any text, images or other information that You provide to Us whilst using the Services ("Your Content") will meet the Rules of Acceptable Use as is set out below.

7.2 We do not claim ownership over Your Content and ownership will remain with You and any third party whose content You include in Your Content. You grant to Us a worldwide, non-exclusive, royalty-free and perpetual license to use, copy, reproduce, distribute, adapt, re-format, modify, publish, translate, license, sub-license and exploit Your Content anywhere and in any form for the purposes of providing the Services.

7.3 You must ensure that You are able to grant Us the above license for any content owned by a third party that You include in Your Content.

7.4 Our right to use You Content does not in any way affect Your privacy rights. Please see Our Privacy Policy for information on how We use Your personal information

7.5 We have the right to monitor any of Your Content and to reject, refuse or delete any of Your Content where We think that it breaks any of the Rules of Acceptable Use.

8.RULES OF ACCEPTABLE USE

8.1 In addition to the other requirements in this Agreement, this section describes specific rules that apply to Your use of the App ("Rules of Acceptable Use").

8.2 When using the App, You must not:

• 8.2.1 circumvent, disable or otherwise interfere with any security related features of the App;
• 8.2.2 permit another person to use the App on Your behalf;
• 8.2.3 use the App if We have suspended or banned You from using it;
• 8.2.4 advocate, promote or engage in any illegal or unlawful conduct or conduct that causes damage or injury to any person or property;
• 8.2.5 modify, interfere, intercept, disrupt or hack the App;
• 8.2.6 misuse the App by knowingly introducing viruses, Trojans, worms, logic bombs or other material which would harm the App or any user of the App;
• 8.2.7 collect any data from the App other than in accordance with this Agreement;
• 8.2.8 submit or contribute any of Your Content that contains nudity or violence or is abusive, threatening, obscene, misleading, untrue or offensive;
• 8.2.9 submit or contribute any of Your Content that You do not own or have the right to use or otherwise infringe the copyright, trademark or other rights of third parties;
• 8.2.10 use Your Content in violation of any licensing terms specified by the owner;
• 8.2.11 submit or contribute any information or commentary about another person without that person's permission;
• 8.2.12 threaten, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety or harass, upset, embarrass, alarm or annoy any other person;
• 8.2.13 use any automated system, including without limitation 'robots', 'spiders' or 'offline readers' to access the App in a manner that send more request messages to the App than a human can reasonably produce in the same period of time; or
• 8.2.14 other action which is deemed as inappropriate for use of the App.

8.3 Failure to comply with the Rules of Acceptable Use constitutes a material breach of this Agreement, and may lead to:

• 8.3.1 immediate temporary or permanent withdrawal of Your right to use the App;
• 8.3.2 immediate temporary or permanent removal of any of Your Content;
• 8.3.3 warning;
• 8.3.4 legal action against You, including proceedings to recover all costs (including, but not limited to, reasonable administrative and legal costs) resulting from the breach; and
• 8.3.5 disclosure of such information to law enforcement authorities as We reasonably feel is necessary.

9.GOVERNING LAW

9.1 This Agreement shall be governed by and construed in accordance with the laws of the state of Iowa.

9.2 Both We and You irrevocably and unconditionally submit to the nonexclusive jurisdiction of the courts of Iowa and any courts which have jurisdiction to hear appeals from any of those courts and waive any right to object to any proceedings being brought in those courts.

10.MISCELLANEOUS

10.1 Notices and any other communication in connection with this Agreement or Services should be provided through the App, sent by e-mail or reported through customer support channels made available at Our app.

10.2 You agree that this Agreement and all incorporated agreements may be automatically assigned by Us in Our sole and absolute discretion. By accessing our app, you have willingly accepted the terms of this Privacy Policy.