Zaka User Agreement

This user agreement (hereinafter - the Agreement) is an offer between the Zaka Service, Electric Scooter Administrators, and any capable person who has reached the age of 18 (hereinafter - the User) on the conditions set out below.

Registration in the Zaka Service application is an unconditional and unreserved acceptance (acceptance) of the terms of this Agreement.

Сервіс Zaka - компанія, що надає відкриту Платформу Zaka, Адміністраторам електросамокатів та Користувачам, за допомогою якої Адміністратори здають в оренду свої електросамокати, а Користувачі орендують їх.

Electric scooter rental administrator - individuals (sole proprietors, partnerships, LLCs) who rent out their own electric scooters or third-party electric scooters through the open Zaka Platform.

Zaka Platform - a software complex for renting electric scooters, which includes an application, website, and payment system. The Zaka complex enables interaction between users and electric scooter administrators in automatic mode through the application.

Account - the user's account on the Zaka Platform.

Personal account - a section on the Zaka Platform that allows users to rent electric scooters from Administrators.

Tariff - the calculated cost of services provided by electric scooter Administrators on the Zaka Platform, which is paid by users of electric scooter rental services during their rental. The tariff is determined by the electric scooter Administrator.

Electric scooter - a means of transport that belongs to the electric scooter Administrator and is rented out to users

1. Scope
   1. The Zaka Service provides the Zaka Platform for Electric Scooter Administrators and Users to access the services of Electric Scooter Administrators.
   2. The Zaka Service is free for Users.
   3. The User uses the Zaka Platform to rent electric scooters owned by Electric Scooter Administrators and pays for their services using the tools available on the Zaka Platform.
   4. Zaka Service is not a party to the relationship between the Electric Scooter Administrator and the User.
   5. To use the services of Electric Scooter Administrators, the User must register on the Zaka Platform.
   6. After registration, the User receives a unique Account on the Zaka Platform and access to the account. No one except the User has access to the account.
   7. All actions in the Personal account are considered performed by the User personally.
   8. The user is solely responsible for:
      • Saving your login and password.
      • Consequences in case of loss and/or disclosure of login and password to third parties.
   9. The Zaka Service does not recommend the User to transfer his Account data to third parties. In case of transfer of Account data, the User must immediately notify the Zaka Service and/or the Administration of electric scooters. All responsibility for the actions of third parties in the Cabinet and their consequences rests with the User.
   10. The Zaka platform is not intended for and cannot be used by children under the age of 18. By registering, the User confirms that he is at least 18 years old.
   11. Parents or official guardians are solely responsible for the possible actions of minors and must immediately report such actions of minors to Seris Zaka and/or the Electric Scooter Administrator, with subsequent deletion of such accounts without compensation or refund.
2. Zaka Platform Terms of Use
   1. The User has the right to use the Zaka Platform in accordance with this Agreement and in accordance with the current legislation of Ukraine.
   2. The User undertakes to use the Zaka Platform exclusively for the rental of the Administrators' electric scooters.
   3. The platform is integrated with various services, including analytics, payment, mailing, bank, and other services. The Zaka platform only provides access to the Administrators' electric scooter rental service.
   4. All issues related to the use of the service are regulated by the service documents and are resolved between the Zaka Service and the User independently.
   5. The Platform and Services are provided on an «as is» basis.
   6. Zaka Service is not a party to the User-Administrator relationship of electric scooters and is not responsible for the actions of one or the other party, possible damages and consequences.
   7. Disputes between Users and Administrators of electric scooters are resolved through negotiations without the participation of Zaka Service.
   8. The user assumes all risks associated with the use of the Zaka Platform and services.
   9. The Zaka Service does not provide the User with any express or implied guarantees regarding the Zaka Platform and services, including, but not limited to: fitness for a particular purpose, safety and security, accuracy, completeness, performance, system integration, smooth operation, no errors, troubleshooting, no viruses, legality of use in any territories within or outside of Ukraine.
   10. Zaka Service is not responsible for:
       • inability to use the Zaka Platform for any reason;
       • any actions and/or inaction of the Administrators of electric scooters, service providers, services, networks, software or equipment;
       • security of the User's login and/or password;
       • unauthorized and/or illegal use by third parties of the User's login and/or password;
       • damage that may be caused to any device and data carrier and/or software of the User as a result of using the Zaka Platform and/or the services of e-scooter administrators.
       • damage to third parties as a result of the User's actions on the rented electric scooter. The user is solely responsible for any claims, damages, harm to the health of third parties.
3. Intellectual Property
   1. Zaka Service is the copyright holder of the Zaka Platform and its constituent parts (code, design, databases, know-how, libraries, blocks, templates).
   2. Zaka Platform
      • User is eligible via Zaka Platform:
        • Reserve the Administrators' electric scooters indicated on the map;
        • Rent and move on Administrators' electric scooters;
        • Change settings in personal account;
        • End the trip in free zones or in paid zones.
4. User Responsibilities
   1. When renting an electric scooter, the User must make sure of the integrity of the electric scooter, if there is visible damage, immediately notify the Administrator of electric scooters.
   2. Use electric scooters only in authorized places, according to the requirements and rules of the Electric Scooter Administrators, which are specified in the Zaka Platform mobile application.
   3. The user undertakes not to transfer the right to control the electric scooter, not to drive outside the permitted zone, not to place heavy objects or a second person on the electric scooter. The user is fully responsible for the electric scooter that is rented from him and undertakes to compensate for any what damages are caused to the rented property as a result of his actions or the actions of third parties, in case of damage, damage or destruction of the electric scooter or its components to the Administrator of the electric scooter.
   4. The user has the right to use the electric scooters only from the Zaka Platform.
   5. In the event that several scooters were rented from the User's account, he will be responsible for all electric scooters and the actions of the persons driving them until the end of the rental.
5. Services
   1. The Zaka Service provides the User with services from:
      • free provision of the Zaka Platform for installing the application on the User's smartphone.
      • free provision of Zaka Platform for e-scooter rental for Administrators.
      • depositing payments for the services of using electric scooters to the account of the Administrator of electric scooters through the provision of a payment system to the User.
   2. Zaka Service has the right to refuse to provide the service to the User without explaining the reason at any time and at its own discretion.
6. Prohibited actions.
   The user does not have the right:
   1. To use the Zaka Platform and Administrators' electric scooters for prohibited, illegal, actions not expressly provided for in this Agreement.
   2. Change Zaka Platform.
   3. To attempt to circumvent technical limitations imposed by the Zaka Platform.
   4. Decompile, analyze, decrypt and perform other actions with the source code of the Zaka Platform.
   5. Use an electric scooter for commercial purposes.
   6. Carrying passengers on an electric scooter (fine 250 UAH)
   7. Complete the trip in closed territories, warehouses, entrances and other places that limit the possibility of access to the electric scooter of other users or representatives of the company
   8. Use e-scooter for stunts, aggressive riding, riding on rough surfaces.
7. Security
   1. Use a helmet for the ride.
   2. Do not perform actions on the scooter that may cause it to fall or collide with other objects or people.
   3. Do not use the scooter while intoxicated.
   4. Do not ride more than one person on the same scooter.
   5. Do not violate the traffic rules, when entering the road, make sure your traffic is safe.
   6. When driving in pedestrian and walking areas, observe safety measures so as not to harm others and yourself.
8. Blocking and deletion
   1. Zaka Service has the right to immediately block/delete the User's account in the event of:
      • Identification of a violation by the User of the provisions of the Agreement;
      • Identification of the User's violation of the provisions of the current legislation of Ukraine;
      • Receiving from third parties a claim about the User's violation of their rights;
      • Receive relevant requirements from state bodies.
   2. The user undertakes to independently take all actions to stop the violation.
   3. In case of blocking in connection with receipt of a claim from third parties about violation of their rights by the User, the User has the right to use the account in the future only on the condition that the Zaka Service has received a written notification from the compiler of the complaint that the situation has been settled and the claim from third parties about there is no violation.
   4. In case of receipt of requirements from state authorities, including requirements (notifications, claims), the Zaka Service blocks the account of the User who committed the violation. At the same time, the account is unblocked without receiving an official notification from the above-mentioned state authorities by the Zaka Service about the absence of any -any claims and requirements to the User whose account was blocked.
9. Tariffs
   1. Types of Tariffs are available on the website and in the application.
   2. Payment is made by the User using the payment system in the interests of the Administrator of electric scooters.
   3. Service rates are determined by Electric Scooter Administrators and may vary by city.
   4. Tariffs may change at the unilateral decision of the Administration of electric scooters.
   5. Payment for services occurs at the time of replenishment of the internal balance in the user's personal account and is considered provided.
   6. At the first payment, the User gives the payment system consent to store payment information and agrees that the Zaka Service is authorized in the interests of the Electric Scooter Administrator to charge a fee from the User's payment card using the payment system:
      • AutoPay function when using services.
      • debit of payments related to the Agreement.
      • repayment of the User's debt to the Administrator of electric scooters.
   7. The user has the right to cancel the AutoPay function at any time by deleting the payment data.
   8. The date of payment is the date of funds being credited to the internal account of the Zaka Platform.
   9. The Zaka Platform and the Zaka Service are not a party to the settlement and act solely in the interests of the Electric Scooter Administrators by transferring funds to their current account.
   10. Zaka Service is not responsible for possible claims of Users and Administrators of electric scooters.
10. Zaka Service Rights
    1. Modify, improve and update the Zaka Platform without the consent and notification of the User or Administrator of electric scooters.
    2. Set any restrictions on the use of the Platform.
    3. Delete the User account and block the Administrator of electric scooters.
    4. To send the User messages, requests, information of an advertising and informational nature regarding the services of the Zaka Platform.
    5. To carry out preventive work, which entails the temporary suspension of the Platform.
11. Personal data
    1. The procedure for processing and protection of personal data is determined by the Privacy Policy located at the address https://zaka.com.ua/privacy-policy
12. Liability
    1. You use the Zaka Platform at your own peril and risk. The information, materials, services of our Platform are provided as is, without any guarantees or liability on the part of the Zaka Service.
    2. The User is personally fully responsible for the property rented by the Electric Scooter Administrators, as well as for any actions against third parties.
    3. In case of damage to the rented property, the User undertakes to reimburse the cost of repairs or to compensate for the cost of the lost equipment within 10 days from the moment of the damage at the cost, which, after inspecting the damage, will be announced by a technical specialist to the Administrator of electric scooters.
    4. The Zaka service bears no responsibility for the actions of users who rent electric scooters. All responsibility for violations, damages, material losses, or other points related to damage to property or harm to the health of third parties rests exclusively with the User who committed these actions
    5. Payment for the service is made at the time of replenishment of the internal balance in the user's personal account. Funds from the balance are non-refundable and can only be used for subsequent trips.
    6. The Zaka Service is not responsible for the discrepancy between the User's expectations and the actually received services.
    7. Zaka Service bears no responsibility for services provided by third parties.
    8. Indemnification of damages caused by the User during the use of electric scooters to third parties, other Users, Zaka Service, administrators of electric scooters shall be exclusively borne by the User.
    9. In the event that the Zaka Service presents claims, demands and/or lawsuits for violation of the rights of third parties related to the User's violation of these guarantees, the User undertakes to settle them and compensate the Zaka Service for damage in the event of it occurring.
13. Term of Agreement
    1. The Agreement is valid from the moment of acceptance until the moment of deletion of the User Account.
    2. Account may be deleted:
       • At the request of the User.
       • On the grounds provided for in section 8
    3. In case of Account deletion, payment is non-refundable.
    4. After deleting the Account, the User has no right to use the Zaka Platform in any way.
14. Resolution of disputes and disagreements
    1. All disputes or disagreements arising between the Parties in connection with the implementation of the Agreement shall be resolved by them through negotiations.
    2. In the event that the Parties fail to reach an agreement, disputes and disagreements shall be resolved in a claim procedure. The deadline for responding to a claim is 30 days.
    3. If it is impossible to reach an agreement, the dispute can be referred to the court at the location of the Zaka Service.
    4. Applicable law is the law of Ukraine.
15. Final Provisions
    1. The Agreement may be amended or supplemented by the Zaka Service without notice to the User at any time. The new version of the Agreement shall enter into force from the moment of its posting on the Zaka Platform.
    2. Continued use of the Zaka Platform after making changes and/or additions to the Agreement means the User's acceptance and consent to such changes and/or additions.
    3. The Agreement is regulated in accordance with the legislation of Ukraine. Issues not regulated by the Agreement are subject to resolution in accordance with the legislation of Ukraine.
    4. In the event that any of the provisions of the Agreement turns out to be insignificant in accordance with the legislation of Ukraine, the remaining provisions remain in force, and the Agreement will be performed by the Parties in full without taking into account such a situation.
    5. This Agreement is drawn up in the Ukrainian language. In the event of a discrepancy between the Ukrainian version of the Agreement and the version of the Agreement in another language, the provisions of the Ukrainian version of the Agreement shall apply.

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