Effective as of 11/05/2020

Please read these general terms & conditions for use rental electric scooters, including the documents and legislation referred to herein and start using our services only if you understand the terms and conditions and you agree to all of them.

General rules of use

3.1.   The Scooter must be used in compliance with effective legislation and, above all, safely in respect of the health and property of you and third parties.

3.2.   In order to use the Scooter, you must open the Application and log in your User Account. We enter into a separate contract on the terms and conditions stipulated in this Contract every time you use the Scooter. The moment the Scooter is unlocked is the moment when the new contract is entered into.

3.3.   Please note that when you use our Service, you gain, for a fee, the right of personal possession and use of the Scooter for a specified term and for its intended purpose (i.e. for riding the Scooter). The Scooter belongs to COMODULE OÜ at all times. The right to use the Scooter does not cover the right to damage, break, remove, change or dismantle the Scooter or its parts.

3.4.   Allowing a third party to use the Scooter free of charge or for a fee is strictly prohibited.

3.5.   When you unlock the Scooter, you agree that you will use the Scooter according to the terms and conditions established or referred to in the Contract. Please note that breaching or ignoring the requirements may lead to liability, incl. (contractual) penalties and claims for damage against you as well as the cancellation of the Contract.

3.6.   The User who has unlocked a Scooter is responsible for maintaining the condition of the Scooter during the period of use and for returning the Scooter to the parking area specified in the Application in the condition in which it was at the start of use. If a returned Scooter is damaged or needs repairs, you will be asked to compensate for the cost of repairing the Scooter pursuant to clauses 4.8 and 4.9.3.

Unlocking the scooter

3.7.   In order to use the Service, you must download the Tuul mobile application from Google Play or Apple App Store, create a personal User Account and enter the details of your personal valid credit or debit card.

3.8.   In order to unlock the Scooter, you must scan the QR code on the sticker on the handlebar of the Scooter or manually enter the six-digit code at the bottom of the sticker. You can use the torch function in the Application if necessary.

3.9.   You can see the location of the available nearby Scooters on the map view that opens in the Application. If you see a Scooter near your location that is not displayed to you in the Application, then the Scooter probably has technical issues or the remaining battery life is below 10% and the Scooter is not available for use.

3.10.       When you unlock the Scooter with the Application, you agree to use the Scooter for a fee. The fee is calculated on the basis of the price list effective at the moment the Scooter is unlocked, which is highlighted in the Application before the start of the ride. The final price of the Service consists of two parts: the fixed base fee and the minute-based fee added thereto.

3.11.       The Service Areas where riding the Scooter is permitted are indicated in the map and restricted areas are separately highlighted in the Application. THE SERVICE AREAS, PARKING AREAS AND RESTRICTED AREAS HAVE BEEN ESTABLISHED IN COOPERATION WITH THE CITY OF TALLINN AND TAKING THEM INTO ACCOUNT IS MANDATORY. According to restrictions, entering certain areas on the Scooter may be prohibited or moving there may be subject to other restrictions. You are not allowed to take the Scooter outside the Service Area, as otherwise you cannot end your active ride in the Application and we have the right to demand a contractual penalty from you.

3.12.       The approximate distance than can be covered before the Scooter must be charged again is displayed in the Application in real time. Battery information is displayed to you so you can plan your journey better and its meaning is indicative.

3.13.       Before you unlock the Scooter, we advise you to consider the weather forecast for the time of your planned ride so that your riding experience will be pleasant and safe.

3.14.       Every time you unlock the Scooter and start a ride, you confirm that you are familiar with:

(a)    all of the applicable traffic laws and rules;

(b)   the terms and conditions, obligations and restrictions set forth in the Contract;

(c)    the requirements set forth for you as the rider in clauses 3.17 to 3.26 of the Contract.

Security

3.15.   After you unlock the Scooter and before you start the ride, make sure that it is not broken and that it is complete and in a safe condition for riding:

• check the condition of the frame and the handlebar, check that the Scooter has one reflector strip on the front, two on the sides and one on the mudguard on the back;

• the wheels of the Scooter are not damaged and move freely, the outer tyres are not flat, worn or damaged;

• check that the brakes are working;

• there must be at least 10% of battery life left;

• check that the bell and the front and rear lights are working.

3.16.       If the Scooter does not comply with the above requirements, please contact us immediately by calling our customer support on +372 5555 3050. You will be held liable for the defects if you start using a Scooter that does not appear to be in order after the primary inspection.

USING A SCOOTER THAT IS NOT IN ORDER OR IS TECHNICALLY DEFECTIVE MAY BE DANGEROUS TO YOUR AND OTHER PEOPLE’S LIFE AND HEALTH. PLEASE BE RESPONSIBLE AND DO NOT START USING SUCH SCOOTERS. IF A DEFECT OR FAULT BECOMES EVIDENT DURING THE RIDE, IMMEDIATELY STOP THE RIDE AND CONTACT OUR CUSTOMER SUPPORT ON +372 5555 3050.

Riding

3.17.       You must comply with all of the effective legislation and this Contract when riding the Scooter.

3.18.       A Scooter is a light vehicle within the meaning of the Traffic Act. The use of light vehicles is primarily permitted on bicycle paths, bicycle and footpaths, footpaths, sidewalks and cycle lanes. The requirements to riding are stipulated in the Traffic Act, the latest version of which can be found on the Riigi Teataja website (in Estonian): https://www.riigiteataja.ee/akt/115032019009?leiaKehtiv.

3.19.       Only one person at a time may ride the Scooter.

3.20.       The maximum carrying capacity of the rental scooters of COMODULE in the case of ordinary city rides is 120 kilos.

3.21.       When riding the Scooter, use suitable clothing and footwear and protective equipment, which may be considered reasonable for the prevention of injuries when riding the Scooter (helmet, protective pads).

3.22.       Using the Scooter is prohibited if you have consumed alcohol, drugs, medicines or other substances the effect of which may reduce your ability to use the Scooter safely.

3.23.       You must always hold on to the handlebar with at least one hand when riding the Scooter.

3.24.       The maximum permitting speed of the Scooter is 20km/h. Riding at the ordinary speed of a pedestrian is permitted when you are right next to a pedestrian. When riding the Scooter, select the speed according to the effective speed limit, your riding experience, the weather, the road and traffic conditions in such a manner that you can guarantee full control of the Scooter and ride and stop it safely.

3.25.       Using a mobile phone, tablet, audio player or another device when riding the Scooter is prohibited if it may distract you and reduce your ability to use the Scooter safely.

3.26.       Performing or trying tricks or other dangerous manoeuvres with the Scooter is prohibited.

3.27.       When riding the Scooter, you must treat the vehicle and the surroundings sustainably and prudently. It is prohibited to ride the Scooter outside paved roads (unless this is unavoidable for continuing the journey in the Service Area) or in areas where riding is prohibited (incl. those that remain inside the Service Area), to use the Scooter for racing or tricks or in any other manner that is dangerous or disturbs other road users. The User acknowledges that the City of Tallinn cannot be held liable for the accidents that may arise from the quality of the road surface.

3.28.       If you discover during a ride that the Scooter does not comply with safety requirements or notice another dangerous fault or defect, you must stop riding the Scooter as soon as possible and notify about the condition of the Scooter pursuant to clause 3.16.

Ending the ride and parking

3.29.       Ending the use of the Scooter means locking the vehicle in the designated parking area in the Service Area (hereinafter the Parking Area). You will find the nearest Parking Area on the map in our Application. You must plan your ride in such a manner that you end the ride in the Parking Area most suitable to you, considering the remaining battery life of the Scooter. You are obliged to also leave the Scooter in the Parking Area when the battery has gone flat and you cannot ride the Scooter anymore. The fee for using the Scooter will be calculated until the Scooter is locked in a Parking Area. Locking the Scooter outside a Parking Area may be made impossible with technical measures.

3.30.       The Scooter must be parked upright on the scooter stand in the Parking Area according to the signs and instructions in the Parking Area.

3.31.       If there is a technical fault in the Scooter and you leave the locked Scooter outside a Parking Agreement by agreement with our user support, you must leave the Scooter by the edge of a suitable sidewalk, in an upright position on the scooter stand in such a manner that it does not obstruct the movement of pedestrians or vehicles in the road, from a door or gate, etc.

Accidents

3.32.       If you are involved in an accident or crash or in the occurrence of damage or injury when using the Scooter or if the Scooter is stolen or you lose it, please inform the police about this by calling 112 and us according to clause 8.1.

4.1.   The use of the Scooter and services is subject to a fee.

4.2.   You must pay the fee for using the Scooter and the services on the basis of the price list displayed in the Application (hereinafter the Price List). Our prices include VAT. Calculation of the fee for using the Scooter starts when you click “Unlock” in the Application and ends when you click “End ride” or a similar option displayed in the Application. The fees established by us may be subject to taxes, which we will calculate as required by legislation.

4.3.   Payment for the Services will be made by a valid credit or debit card (Visa, Mastercard), which you have linked to you Account in the Application. You can access the invoices for each ride in our Application and they will also be e-mailed to you.

4.4.   We pay charge a service fee for each payment when a credit or debit card is used for payment and it will be added to each service order. The purpose of the service fee is to pay the services fees of Visa/Mastercard. The amount of the service fee is displayed in the Application. You bank may charge extra fees for the use of the credit or debit card, which will not be displayed in the Application.

4.6.   In order to dispute an amount debited by us from the means of payment selected by you, you must submit to us a written application according to clause 8.1 within ten (10) working days of the day the disputed amount was debited.

4.6.   You must inform us immediately if changes have occurred in the means of payment linked to your Account, which may prevent us from debiting the contractual fees.

4.7.   We may issue discount coupons or codes (hereinafter the Special Offers), which are subject to the special terms and conditions of the specific Special Offer in addition to the Contract. We reserve the right to change or cancel the Special Offers at our discretion at any time. We may suspend or cancel the Special Offer(s) and the use of the Application by you at nay time if we have reason to believe that the use or redemption of the Special Offer(s) was done incorrectly, by way of fraud, unlawfully or by breaching the terms and conditions of the Special Offer.

4.8.   We hope that using the Scooters takes place reasonably and without faults, but in order to guarantee the sustainability of our business we establish that all fees, penalties, damages and costs that we incur as a result of the impermissible use or parking of the Scooter by you or because you breached any law, rule, regulation or other order when using the Service are subject to full compensation you.

4.9.   In addition to other legal remedies, we have the right to fine you for any breaches of the obligations arising from the Contract as follows:

4.9.1.     if the Scooter you unlocked is parked outside a permitted Parking Area/Service Area indicated in the Application, you may be required to pay a contractual penalty in the amount of up to 100 euros;

4.9.2.     if you rode the Scooter outside the Service Area indicated in the Application and do not take it back to the Service Area yourself, we have the right to demand from you a contractual penalty of up to 100 euros;

4.9.3.     if the Scooter you unlocked has been returned in a condition that does not correspond to the wear caused by ordinary use, needs repairs or it has been damaged intentionally or due to negligence, you must pay a contractual penalty the amount of which corresponds to the cost of repairing or replacing the Scooter or its accessories, but not more than 900 euros;

4.9.4.     if the Scooter you unlocked had been left behind without locking it or notifying us, you will be liable for the fee of using the Scooter for as long as the Scooter has been found, and you must pay a contractual penalty of up to 100 euros for the time it took to find the Scooter;

4.9.5.     if the Scooter you unlocked has not been returned (the ride has been terminated and the Scooter has been correctly parked) within 48 hours of unlocking, we may, at our discretion, deem said Scooter lost or stolen and you must pay a contractual penalty in the amount of up to 900 euros to compensate for the replacement of the Scooter. We also have the right to file a report about you to the police;

4.9.6.     if we have to pay a penalty or another amount for an offence committed by you and we must demand compensation for said amount from you, we will have the right to demand a contractual penalty in the amount of up to 100 euros to cover procedural expenses.

4.9.       You give us permission to use the means of payment selected by you, which is linked to you Account, for debiting all of the fees and other amounts subject to payment. We will apply other means of collection if we cannot use the Selected Means of Payment. In this case, you agree to pay default interest to us and compensate the expenses related to the collection of debts, including legal expenses.

5.1.   You confirm and agree that you use the Services, the Scooters and their accessories in your personal capacity and we cannot be held liable for the consequences, claims, actions, damages, injuries, fees, expenses, penalties, legal expenses or other expenses present or emerging upon the provision of the Service in respect of you or third parties irrespective of whether or not they could be predicted. You confirm that you are aware of said risks and they will be borne by you.

5.2.   Riding the Scooter requires adequate physical fitness, the ability to maintain balance, attention and knowledge of how to move in the public space in a manner that is safe for you and for others. In addition to meeting all of the preconditions, you keep in mind that riding the Scooter in public space is associated with threats and risks, which cannot be foreseen or avoided. The risks and threats may result in material damages, but also in injury or loss of life.

5.3.   The Scooter consists of several important parts (frame, battery, module), each of which or the co-functioning of which may sustain technical faults even if they have been maintained as required and passed all tests. You must taken into account the risks associated with technical risks when using the Scooter, especially when choosing your riding style, speed and security equipment.

5.4.   If the functionality of the Application is defective or you find that there is an error in the Application, please inform us about it according to clause 8.1. We will eliminate any errors as soon as possible. We hereby state that we cannot assume the obligation to guarantee that the Application functions without errors at all times. Please be understanding in the situations where the use of the Application is restricted due to a technical fault.

5.5.   We cannot be held liable for the damage caused by the Application not functioning or the impossibility to use the Application in the desired manner.

5.6.   All of our services, equipment or tools that can be used via us are offered by the as is principle. We do not guarantee that all of the equipment and services provided by us are free of errors or equivalent at all times and at all places. The condition of the Scooters and the accessibility and condition of accessories may be different. You make the decision to use each item on each occasion and when you start using the Service, you agree to and accept the condition of each specific item. If the condition of an item or service provided by us does not meet your requirements, decide against using it immediately.

5.7.   Wearing a helmet and other protective equipment and careful adherence to the riding rules and the terms and conditions of the Contract is very important to reduce the risks of causing injuries to yourself or causing injuries or damage to other persons.

5.8.   You will be held liable for the consequences if you cause damage to yourself, to us or to third parties when using the Scooter or when using the other services we provide or if you cause an injury to yourself or a third party. The consequences may be claims, actions, claims for damage, expenses, incl. legal expenses, penalties or other obligations arising from the Contract and the law. If we are obliged to compensate for the claims of third parties, you must compensate us for the costs caused by the submission and performance of such claims.

5.9.   We exclude the grant of guarantees that are direct, indirect or established with legislation or the guaranteeing of specific conditions to the extent permitted by legislation. Above all, we exclude any direct or indirect claims, guarantees, confirmations and promises, which concern the following:

(a)    the information concerning the services, including the guidelines displayed in the Application, is accurate, complete, correct, adequate, useful, timely or reliable;

(b)   the faults or errors in services will be rectified;

(c)    the services are accessible at a certain time or in a certain Service Area;

(d)   the use of the services by you is lawful in the jurisdiction of the Republic of Estonia.

5.10.       Any indirect guarantees and conditions associated with the Service are excluded to the extent permitted by legislation. The provisions of the Contract do not exclude, restrict or amend any guarantee, condition, use of a right or legal remedy, which arises from the legislation applicable to the Contract and which cannot be lawfully excluded, restricted or amended.

5.11.       If the guarantee or condition arises from applicable legislation and it cannot be excluded (hereinafter the non-excludable condition) and we do not have the right to restrict the use of your legal remedy upon a breach of the non-excludable condition, our liability in the event of a breach of said condition is limited to the following to the extent permitted by law:

5.11.1.  in the case of items, only with their replacement or the delivery of an equivalent item, repair of the item, compensation for the cost of replacement of the item or purchase of an equivalent item or the cost of repairing the item; or

5.11.2.  in the case of services, only with the provision of the Service again or compensation for the cost of providing the Service again.

5.12.       In any case, our total liability in the case of any claims arising from the Contract, including in the case of claims that have arisen from non-contractual debt relationships or on other grounds, is limited to the amount that does not exceed 350 euros or the amount that was paid to us for the period of use of the Scooter during which the event or accident that is the basis for the claim occurred, depending on which of these is smaller.

5.13.       Neither of the parties to the Contract shall be held liable for damages or delays or the failure to perform an obligation if this was caused by a force majeure event, including a natural disaster, earthquake, fire, flood, war, terrorism, public unrest, labour or military conflict, sabotage, strikes or lockouts, pandemic, epidemic, mass unrest, faults or disruptions in utility or communication services, broad cyber attack, court ruling, actions of the state or military authorities, actions of the state, law enforcement or supervisory authorities.

5.14.       To the extent permitted by law, we or our affiliates, representatives, managers or employees cannot be held liable for the damage caused to you, which arises from the provisions of this Contract or the use of the Application, including:

5.14.1.  the emergence of any direct or indirect proprietary damage;

5.14.2.  loss of earnings;

5.14.3.  loss of business, contracts or contacts, reputational damage or standstills in business operations;

5.14.4.  inaccuracy or destruction of data;

5.14.5.  other damage.

6.1.   If you have installed the Application and created an Account, we will deem that you have consented to the terms and conditions of our Contract and give you the right to use the Application on your personal device and for personal purposes. The right of use does not grant you the right to use the Application for business purposes or transfer the right of use to another person. We reserve the right to restrict and cancel the right to use the Application for the purposes of managing the contractual relationship.

6.2.   The following is prohibited when you use the Application:

6.2.1.     avoiding, removing or turning off the security elements of the Application or interfering with their functioning in any other manner;

6.2.2.     allowing another person to use the Application on your behalf;

6.2.3.     using the Application if we have prohibited it;

6.2.4.     behaving in an unlawful manner or in a manner that causes damage to us or to third parties or property;

6.2.5.     obstruct the functioning of the Application or interfere with its data;

6.2.6.     intentionally place file viruses, Trojans, malware, logic bombs or other similar files in the Application, which may cause damage to the Application or the other users of the Application;

6.2.7.     collect data from the Application the collection of which is not stipulated in the Contract;

6.2.8.     create content in the Application that is pornographic, violent, offensive, threatening, misleading or incorrect;

6.2.9.     upload your own content, which you created using elements that do not belong to you or the use of which would breach the copyrights, trademark or other rights of third parties;

6.2.10.   forward information or comments concerning another person without the consent of said person;

6.2.11.   breach the right to privacy of other persons or disturb, humiliate or harass other persons;

6.2.12.   use automated systems, including netbots and readers, to gain access to the Application in a manner that sends more requests to the Application than a person could send in the same time;

6.2.13.   act in a manner that could be deemed inappropriate upon the use of the Application.

6.3.   We deem erring against the prohibitions stipulated in point 6.2 a significant breach of the Contract, which may result in, at our discretion, in one of the following:

6.3.1.     suspension or termination of the right to use the Application;

6.3.2.     temporary or permanent removal of the content created by you;

6.3.3.     a warning;

6.3.4.     initiation of legal proceedings against you, including for collection of the costs arising from the breach (including any justified administration and legal expenses);

6.3.5.     forwarding said information to the law enforcement authority if there is a reason for doing so.

6.4.   The information and data submitted by you via the Application must be accurate, true and complete, and you must guarantee that the submitted information and data are accurate, true and complete during the entire use of the services. Specifically, this means that if your data change, you must update and delete them as necessary. If we have reason to suspect that the data submitted by you are inaccurate, false or incomplete, we have the right to suspend the provision of services to you, incl. temporarily block your User Account. To the extent permitted by law, we have the right or the obligation to check the data submitted by you and we presume that you cooperate with us in good faith to clarify the correct data. You are liable for the damage caused by inaccurate, false or incomplete data.

6.5.   You confirm that any text, images or other information (hereinafter the content created by you) that you send to us when using the Services complies with the terms and conditions of the Contract.

6.6.   The content created by you in the Application will remain in your ownership and the content created by third parties that you use for the creation of your content will remain in their ownership. You give us a global and royalty-free licence for an unspecified term, which gives us the right to use, copy, reproduce, share, adapt, reformat, change, publish, translate, licence, sub-licence and implement the content created by you at any location or in any format for the purpose of providing the Service.

6.7.   Our right to use the content created by you does not in any way restrict your right to privacy. Please read our Privacy Policy to obtain detailed information on how we use your personal data.

6.8.   We have the right to monitor the content created by you and, if necessary, delete it or refuse to publish it if we have reason to believe that the created content is in contravention of the regulations of permitted use.

7.1.   This Contract is governed by the law of the Republic of Estonia and interpreted in accordance with the law of the Republic of Estonia. The legislation of the City of Tallinn also apply to riding the Scooter. You agree to comply with the legislation of the Republic of Estonia and the City of Tallinn.

7.2. Both parties irrevocably and unconditionally agree that any disputes arising from the Contract will be resolved in the courts of the first and the second instance of the Republic of Estonia, and waive the right to file objections about said jurisdiction

8.1. The notices and other information related to the Contract or the services must be e-mailed to info@tuul.xyz or given by making a call to the 24h customer service number +372 5555 3050.

8.2.You agree that we may assign the Contract and the related agreements to another person at our discretion.