COMODULE

General Terms & Conditions for Use of Tuul Rental Electric Kick-Scooters

Effective as of 20/04/2021

Please read these general terms and conditions for use of rental electric kick-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.


1. Terms and conditions and general principles of contract

1.1.   We must enter into a contract for use of the electric kick-scooters of COMODULE (hereinafter the Contract). You – the user of the kick-scooter – (hereinafter you, the User) are one of the parties to the Contract and we, COMODULE OÜ, registry code 12699057, located at Dunkri 9, Tallinn, Republic of Estonia (hereinafter COMODULE, we) are the other party to the Contract. The object of the Contract is the use of the electric kick-scooters bearing the trademark Tuul (hereinafter the Scooter) and the services associated with them by you in the designated areas in the City of Tallinn (hereinafter the Service Area) (hereinafter the Service).

1.2.   These general terms and conditions are the main content of the Contract, but the following are an integral part of the Contract in addition to the general terms and conditions:

1.2.1.the privacy policy of the Tuul mobile application belonging to COMODULE, which is accessible in our application and online at www.tuul.xyz/privacy-policy/  (hereinafter the Privacy Policy);

1.2.2. the legislation of the Republic of Estonia and the local administration of your location, primarily the legislation that concerns traffic and public order;

1.2.3. the price list of the services of the Tuul mobile application belonging to COMODULE, which is accessible in our application;

1.2.4. the guidelines, help materials and instructions displayed in the application and on the service website;

1.2.5. the terms and conditions of special and discount offers;

1.2.6. the other terms and conditions to which we refer in the Contract or in the application on the basis of the Contract.

1.3.   We reserve the right to amend the Contract, incl. the price list, at any time, because our services and products are constantly developing. None of the amendments will take effect in respect of you before we have made the amended terms and conditions accessible to you either on our website or via our mobile application. We will also notify you of any amendments to the General Terms & Conditions and the Privacy Policy via the application, using the contact details linked to the account or in another reasonable manner. If you continue using the services after the amended Contract has been made accessible to you, we will regard this as your consent to the amendments.

1.4.    Every user of our application and Scooters must:

1.4.1. be at least 16 years old;

1.4.2. create themselves a personal account in our mobile application;

1.4.3. allow for themselves to be identified on the basis of their personal mobile phone number or name and user account (hereinafter the Identification);

1.4.4. in order to use the services, link the application account to a valid credit or debit card (hereinafter the Selected Means of Payment);

1.4.5. link the application account to the User’s mobile phone.

Use of the service requires processing the personal data of the User, including determination of their location, linking the mobile phone number to the account, and processing of card data and the client’s data in our database. Read more about personal data processing and the privacy policy at www.tuul.xyz/privacy-policy/.


2. COMODULE application and user account

2.1.   Using the service requires installation of the COMODULE mobile application software (hereinafter the Application) on the User’s mobile device and the creation of a personal user account (hereinafter the Account).

2.2.   When your create and use the Account, you must only use your real name, correct personal and bankcard data and always keep this information up to date.

2.3.   Your User Account is personal and you are responsible for the access to and the use and security of the Account, incl. unlocking and using the Scooter, ending a ride and parking according to requirements as stipulated in the Contract and for failure to do the above, unless you have notified of the unauthorised use of your Account pursuant to clause 2.4.

2.4.   If you suspect that your Account has been accessed or used without your permission or you have lost the ability to control your Account for any other reason, please notify us of this immediately by sending an e-mail to info@tuul.xyz or calling customer support on +372 5555 3050.

2.5.   We have the right to suspend the use of the Account or block access to the Account temporarily in order to protect your and our rights for the duration of the investigation of the activities related to the Account. We have the right and obligation to restrict the use of the Account in the cases where this is necessary for the prevention of offences, achievement of the goals of customer support, performance of contractual obligations or requirements arising from law, compliance with a court ruling or an administrative act of a law enforcement authority or another supervisory or state authority.

2.6.   We need to communicate with you in order to provide services, which is why it is unavoidable that we may send you text messages, Application notifications and/or e-mail messages related to the services. You can change the notification settings in the Application and your mobile phone settings, but disabling certain notifications may mean that we cannot provide the Service to you.


3. Use of scooter

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, except in the case of group rides on the terms and conditions specified in clauses 3.18-3.23.

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 it was in at the start of the 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 4.9 and 4.10.

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 can either:

– choose the Scooter in the map view of the Application;

– scan the QR code on the sticker that is 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 your location and the location of the available Scooters nearby 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 displayed 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, PARKING AREAS AND RESTRICTED AREAS INDICATED ON THE MAP HAVE BEEN ESTABLISHED IN COOPERATION WITH THE LOCAL GOVERNMENT AND TAKING THEM INTO ACCOUNT IS MANDATORY. Restrictions can mean that entering certain areas on the Scooter may be prohibited or moving there may be subject to other restrictions. Riding the Scooter outside the Parking Area is permitted, but you need to finish the ride in the Parking Area indicated in the Application, otherwise we have the right to demand that you pay a contractual penalty.

3.12.   The approximate distance that 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)   the applicable traffic regulation 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 3.26 to 3.34 of the Contract.

Booking a Scooter

3.15.   Scooters can be booked. For instance, you can use booking for short-term parking if you wish to continue your ride later or to reach a suitable Scooter. Other users cannot rent booked Scooters.

3.16.  Booking is a service subject to a fee and the fee is calculated per minute on the basis of the price list applicable at the time of booking the Scooter. The fee applied is displayed in the map view of the Application when choosing a suitable Scooter.

3.17.   Calculation of the booking fee starts from the moment the booking is confirmed and ends either with the cancellation of the booking or the moment you unlock the Scooter.

Group rides

3.18.   In the case of a group ride session, the User can unlock up to five Scooters for themselves and their companions (group members). Do not unlock Scooters for strangers.

3.19.   Group ride sessions can be initiated by users who are at least 18 years old. When the User initiates a group session, the User enters into a Contract with us for the use of up to five Scooters in their name and on the terms and conditions set forth in the Contract.

3.20.   Scooters can be added to a group ride session throughout the session. Please follow the unlocking instructions in the Application when instructing your group members. Use of Scooters unlocked for a group session is regulated by these terms of use, taking into consideration the exceptions made for group rides.

3.21.   By unlocking Scooters for other persons for the purpose of a group ride, you assume liability for ensuring that the group members are familiar with the terms and conditions of using TUUL Scooters, agree to them and undertake to follow them.

3.22.   When a group ride session is initiated, we can pre-charge your means of payment in the amount of 15 euros.

3.23.   Group ride session users cannot charge the members of the group a higher fee than what is charged in accordance with the price list of TUUL for the use of the Scooters, incl. extra fees, a commission fee or other payments.

30-day ticket

 

3.24. You can purchase TUUL 30-day ticket. The 30-day ticket subscription is activated right after we receive payment and will last for 30 consecutive days as from this moment. You can check the exact end-time of your 30-day ticket subscription at any time in your App. 

 

3.25. With your 30-day ticket you can have 60 minutes of rides each calendar day during your active subscription. Daily minutes count starts each day at 00:00 (EET) (unless there is ongoing session started on the previous date) and ends at 23:59. Daily minutes can be used over different riding sessions and do not have to be used on one session. Minutes counting starts from unlocking TUUL Scooter and ends with locking it again on the terms herein. 

 

3.26. Riding session date is determined by the date you started your riding session, even if the session spans over to the following date. For example, if you start a riding session at 23:55 and it will continue to the new date, all your minutes left from the start-date, if any, will continue to count until the end of your session. Ending this session will expire any minutes you might have had left from the preceding date. 

Please note that with turn-of-date sessions once the start-date minutes run out, you will be charged based on TUUL city price list. Minutes for the new date will not start counting for sessions going on after turn-of-date.

 

Let’s say it is the last day of your 30-day ticket, you have 20 minutes until your ticket expires but you still have 45 minutes of daily riding minutes left. It’s OK. If you start a session before your 30-day ticket expires you can use up all your left minutes in that one last session. Ending this session will expire any minutes you might have had left. 

 

3.27. Reservation minutes will not be counted into your daily 60 minutes ridetime and are charged separately based on TUUL price list.

 

3.28. Left-over minutes of previous dates cannot be brought forward. Unused riding minutes cannot be brought forward or collected. Nor can they be refunded. 

 

3.29. You are welcome to ride TUUL more than 60 minutes per day during your 30-day ticket subscription and in that case the ride minutes from 61 onwards will be charged based on regular city minute pricing. Those extra minutes are eligible for all promotions/discounts as well. 

 

3.30. As a consumer you have the right to withdraw from your 30-day ticket subscription within a 14-day period as from the purchase (including renewed subscription). To withdraw please send an email to info@tuul.xyz. Your 30-day ticket subscription will be deactivated as from the following date we received your withdrawal request. Within 3 banking days as of cancellation we will refund your subscription fee minus fee for days the subscription was active prior cancellation ( 30-day ticket price*(active days)/30). 

 

3.31. Your 30-day ticket subscription will renew automatically. You can unsubscribe from the renewal in your TUUL App at any time prior to the end of your active subscription. If your 30-day ticket was renewed because you forgot to cancel the subscription renewal, please use the withdrawal procedure to cancel the subscription.  

 

24h ticket

 

3.32. You can purchase TUUL 24h ticket. The 24h ticket subscription is activated right after we receive your payment and will last for 24 consecutive hours as from that moment. You can check the end-time of your 24h ticket  subscription in your App. Promotion codes and discounts do not apply to buying  24h tickets, unless expressly stated otherwise. 

 

3.33. With your 24h ticket you can have unlimited number of up to 90-minute riding sessions during the subscription period. If you have over a 90-minute riding session during the active 24h ticket, the session ride minutes from 91 onwards will be charged based on regular city minute pricing. The good news is that those extra minutes are eligible for all promotions/discounts. 

 

3.34. If you start a session before your 24h ticket expires you can use the minutes of that 90-minute session without extra fee. Ending this session will expire any minutes you might have had left of the 90 minutes or if the session lasts over 90-minutes then the ride minutes from 91 onwards will be charged based on regular city minute pricing. 

 

3.35. Reservation minutes will not be counted into your 24h ticket session minutes and those will be charged as per TUUL price list. 

 

Combination of the 30-day ticket and the 24h ticket

 

3.36. Yes – this is possible! Determined TUUL riders can activate both the 30-day ticket  + 24h ticket subscriptions to enjoy long rides whereas the first 90 session minutes will be accounted from your 24h ticket and following 60 minutes will be counted from your 30-day ticket’s daily minutes. This way you can enjoy long sessions for the best price. 

 

Reservations to the 30-day ticket and 24h ticket subscriptions:

 

  • The 30-day ticket and the 24h ticket subscriptions are for personal use only – you cannot share the tickets with other users or transfer the subscriptions to other users. Breach of these limitations will result in immediate cancellation of your subscription without refund.  
  • Promotion/discount codes will not apply when purchasing the 30-day ticket and the 24h ticket.
  • If a 30-day ticket holder or a 24h ticket holder starts a group session then the respective ticket minutes will apply only to ticket holder, that is to one rider; sessions for other riders will be charged as per TUUL price list. 
  • Reservations are not included in TUUL tickets and will be charged according to city price list.
  • Parking fee is not included in TUUL tickets and will be charged according to city price list.

 

Safety

3.37.   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.

3.38.   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.

3.39. 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

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

3.41. 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.

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

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

3.44.   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).

3.45.   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.

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

3.47.   The maximum permitted 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.

3.48.   When reaching intersections and pedestrian crossings, the vehicle speed must be reduced to the same as the pedestrian speed and road safety must be ensured. The scooter driver does not have the right of way on the pedestrian crossing or at the crossing point (unless the scooter crosses the carriageway on which the driver turns) on the pedestrian crossing. The driver of a scooter only has priority when crossing a pedestrian crossing if he crosses it by pushing the wheel on his hand.

3.49. 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.

3.50.   Performing or attempting tricks or other dangerous manoeuvres with the Scooter is prohibited.

3.51.   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) or in areas where riding is prohibited, 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 local government managing public roads cannot be held liable for accidents that may arise from the quality of the road surface.

3.52.   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 3.25.

Ending the ride and parking

3.53.   Ending the use of the Scooter means locking the vehicle in the designated 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, 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. 

3.54. Locking the Scooter outside a Parking Area may be made impossible with technical measures or lead to additional costs to the user.

3.55. The riding session is automatically terminated if the Scooter has been put in one place for more than 15 consecutive minutes, regardless of whether the Scooter is in the Parking Area or in the restricted zone. If the riding session is terminated automatically and the position of the Scooter is outside the Parking Area at that moment, the sanctions set out in clause 4.12 will apply.

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

Tuul Scooter must be parked:

–   in upward stable position,

–   using Scooter´s kickstand,

–   in bicycle parking areas, whenever possible,

–   in parallel with and at the side of light traffic road,

–   in parallel with and at the side of pedestrian path,

–   leaving pedestrians and other road users at least 1,5m pathway for safe passing.

It is prohibited to park Tuul Scooter in the following areas:

–   indoors,

–   car roads & highways,

–   bicycle roads and lanes,

–   in the immediate vicinity of crosswalks,

–   enclosed gardens,

–   enclosed car parks,

–   multi-storey car parks,

–   marked parking spaces for cars,

–   narrow sidewalks,

–   emergency access lanes and in the 2 m radius thereof,

–   near fire water intakes where the Scooter may obstruct the access of emergency vehicles thereto,

–   near loading docks and in the 2 m radius thereof,

–   on the banks of water bodies, where the water is fewer than 5 metres away,

–   uneven and unpaved surfaces (incl. sand).

3.57.   If there is a technical fault in the Scooter and you leave the locked Scooter outside a Parking Area 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 a gate, etc.

Accidents

3.58.   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. Payment terms and penalties

4.1.   The use of the Scooter and the 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 your 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 may 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. Your bank may charge extra fees for the use of the credit or debit card, which will not be displayed in the Application.

4.5   We may use payment authorisation every time the User adds a new payment card. In such cases you may receive a notification about this from the bank. This is a temporary reservation to obtain a promise of payment from the issuing bank to rule out any possible credit or debit card fraud. The reservation may be shown as a pending transaction. Please keep in mind that depending on the bank’s policy, releasing a pre-authorised transaction may take a couple of working days – please contact the issuing bank for detailed information.

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.

4.7.   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.

4.8.   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 any 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.

4.9.  In the course of campaigns and services we may give you TUUL credit that can be exchanged for TUUL services. This credit has monetary value only for consumption of TUUL services by you personally. TUUL credit cannot be converted into money or reimbursed in other way.

4.10. We reserve the right to use your TUUL App credit (including funds you have transferred to your TUUL App as well as credit provided by us) to cover any fees or damages to us like payment for our services and for penalties we might effect under these terms and conditions. 

4.11. 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 be be fully compensated for by you.

4.12.   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:

4.12.1. if the Scooter is parked outside the permitted Parking Area indicated in the Application, you undertake to pay a contractual penalty in the amount of up to 100 euros. Penalty is imposed also in case the riding session was automatically terminated due to 15-minute stand-still. In those cases we usually impose penalty 5€ + 1€ for each started KM from the nearest Parking Area

4.12.2. if clause 3.56 (parking the Scooter in a restricted area) is breached, we have the right to demand from you a contractual penalty of up to 25 euros;

4.12.3. if clause 3.28 (only one person at a time may ride the Scooter) of these terms and conditions is breached, we have the right to demand from you a contractual penalty of up to 50 euros;

4.12.4. 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 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 1,000 euros;

4.12.5. if the Scooter you unlocked had been left behind without being locked or notifying us about it, you will be liable for the fees for using the Scooter until it is found, and you must pay a contractual penalty of up to 100 euros for the time it took to find the Scooter;

4.12.6. if the Scooter you unlocked has not been returned (the ride terminated and the Scooter 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 1,000 euros to compensate for the replacement of the Scooter. We also have the right to file a report about you to the police;

4.12.7. 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 have the right to demand a contractual penalty in the amount of up to 100 euros to cover the procedural expenses.

4.13.   You give us permission to use the means of payment selected by you, which is linked to your 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 us for the expenses related to the collection of debts, including legal expenses.


5. Liability

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 foreseen. 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 these preconditions, you must 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 be affected by technical faults even if they have been maintained as required and passed all tests. You must take into account the risks associated with  technical faults, especially when choosing your riding style, speed and safety 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 this 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 on the basis of 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 the 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 others.

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 payment of such claims.

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

(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, exercise 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 a guarantee or condition arises from applicable legislation and cannot be excluded (hereinafter the Non-excludable Condition) and we do not have the right to restrict your use of a 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:

5.11.2.  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, extensive cyber attack, court ruling, actions of the state or military authorities, or actions of 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. Licences

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, 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. Governing law

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. Miscellaneous

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.