1. Contract terms and general principles
1.1. In order to use Hoog electric scooters, we need to enter into an agreement (hereinafter referred to as the Agreement). One of the parties to the contract is you - the user of the scooter - (hereinafter you / you / the user), and the other party is us, HOOG MOBILITY OÜ, registration code 16526164, location Ülejõe tn 7-2, Uusküla, Republic of Estonia (hereinafter Hoog / us / we) . The subject of the contract is the use of Hoog-branded electric scooters (hereinafter referred to as the scooter) and related services by you in the specified service areas (hereinafter referred to as the service area) (hereinafter referred to as the service).
1.2. These general conditions form the main content of the Agreement, but in addition to the general conditions, the following are integral parts of the Agreement:
1.2.1. The privacy principles of the Hoog mobile application owned by Hoog, which are available in our application and at the web address https://hoogmobility.ee/privaatsuspoliitika/ (hereinafter the privacy policy);
1.2.2. Legislation of the Republic of Estonia and the local government of your location, in particular acts and rules concerning traffic management;
1.2.3. The price list of the services of Hoog's mobile application Hoog, which is available in our application;
1.2.4. instructions, help materials and guides displayed in the application and on the website of the service;
1.2.5. conditions of special and discount offers;
1.2.6. other terms that we refer to in the Agreement or in the Application under the Agreement
1.3. We reserve the right to change the Agreement, including the price list, at any time, because our services and products are constantly evolving. Any changes will not be effective for you until we make the revised terms available to you either on our website or through our mobile application. We will notify you of any changes to the Terms and Conditions and Privacy Policy through the App, using the contact information associated with your account, or by other reasonable means. If you continue to use the Services after a revised Agreement is made available, you will be deemed to have accepted the changes.
1.4. Every user and scooter rider of our app must:
1.4.1. be at least 16 years old;
1.4.2. register a personal account in our mobile application;
1.4.3. allow to be identified by means of a personal mobile phone number, first and last name and user account (hereinafter personal identification);
1.4.4. to use the services, link the application account with a personal valid credit or debit card (hereinafter the selected payment method);
1.4.5. link the application account to the user's mobile phone.
The use of the service requires the processing of the user's personal data, including determining the location, linking the mobile phone number to the account, processing card data and customer data in our database. Read more about personal data processing and privacy policy in our privacy policy https://hoogmobility.ee/privaatsuspolitikia/.
2. Hoog application and user account
2.1. The use of the service requires the installation of the Hoog 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 creating and using an account, you undertake to use and enter only your real name, accurate personal and bank card data and to keep this information always up-to-date.
2.3. Your user account is personal and you are responsible for the access, use and security of the account, including unlocking, using, stopping the ride and properly parking the scooter in accordance with the provisions of the agreement and for not doing the above, unless you have notified the unauthorized use of your account in point According to the provisions of 2.4.
2.4. If you suspect that your account has been accessed or used without your permission, or you have lost the opportunity to control the use of your account for some other reason, please notify us immediately at info@hoogmobility.ee or customer support at +372 5501782.
2.5. To protect your rights and our rights, we have the right to temporarily suspend use of the account or block access to the account while we investigate activity related to the account. We have the right and obligation to restrict the use of the account, for example, in cases where it is necessary to prevent violations of the law, to achieve customer support goals, to fulfill contractual obligations or requirements arising from legislation, to comply with a court decision or an administrative act of a law enforcement body or other supervisory or state authority.
2.6. In order to provide the Service, we need to communicate with you, so it is inevitable that we may send you SMS, application notifications and/or e-mails related to the Services. You can change your notification settings in the App and in your mobile phone settings, but restricting certain notifications may mean that we are unable to provide you with the Service. When deactivating special offers and news in the application menu, the changes will take effect within 24 hours.
3. Using a scooter
General rules of use
3.1. The use of the scooter must be carried out in accordance with the applicable legislation and, above all, safely for your health and the property of third parties.
3.2. To use the scooter, you must open the app and be logged in to your user account. For each use of the scooter, we conclude a separate agreement between us under the conditions set forth in this agreement. The moment of each contract signing is the moment of unlocking the scooter.
3.3. We would like to point out that by using our service, you will receive the right to own and use the scooter for its intended purpose (i.e. driving the scooter) for a fee. Ownership of the scooter belongs to HOOG MOBILITY OÜ at all times. The right to use a scooter does not include the right to damage, break, remove, modify, supplement or disassemble the scooter or its parts.
3.4. Giving the scooter to a third party for free or for a fee is strictly prohibited, except for group rides under the conditions specified in clauses 3.21 - 3.26.
3.5. By unlocking the scooter, you agree to use the scooter in accordance with the terms established or referred to in the Agreement. Please note that breaching or ignoring the requirements may result in liability, including (contractual) fines and damage claims against you, as well as termination of the Agreement.
3.6. The user who has unlocked the 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 the returned scooter is damaged or in need of repair, you will be required to reimburse the costs of repairing the scooter in accordance with clauses 4.10 and 4.12.3.
Unlocking the scooter
3.7. To use the service, you need to download the Hoog mobile application via Google Play or the Apple App Store, create a personal user account and enter your personal valid credit or debit card details.
3.8. To unlock the scooter, you need either
– through the application, select a scooter from the map view or
– scan the QR code on the sticker on the handlebar of the scooter or
– enter the 6-digit code at the bottom of the sticker manually.
If necessary, you can use the in-app flashlight function.
3.9. From the map view that opens in the app, you can see the location of you and nearby scooters that are available to ride. If you see a scooter in your location that isn't shown to you in the app, it's likely that the scooter has a technical problem or the battery is below 10% and the bike is not available for use.
3.10. By unlocking the scooter using the application, you agree to use the scooter for a fee according to the current price list. Fee and payment conditions see point 4.2.
3.11. THE PARKING AREAS AND RESTRICTION AREAS MARKED ON THE APP MAP ARE ESTABLISHED IN COOPERATION WITH THE LOCAL AUTHORITY AND IT IS YOUR OBLIGATION TO CONSIDER THEM. Restrictions may mean that entering a certain area with a scooter is prohibited or there are other restrictions on moving there. You are allowed to ride the scooter outside the parking area, but you must finish the ride in the parking area indicated in the application, otherwise we have the right to charge you a fine.
3.12. The app displays a real-time estimate of how far you can go before the next charge. The battery information is displayed for you to plan your journey better and is indicative.
3.13. Before opening the scooter, we recommend that you consider the weather forecast for the time of the planned ride, so that your riding experience is pleasant and safe.
3.14. Every time you unlock the scooter and start riding, you confirm that you have read:
(a) applicable traffic laws and regulations;
(b) With the terms, obligations and restrictions stipulated in the Agreement;
(c) to you as a passenger with the requirements set out in clauses 3.40 to 3.59 of the Agreement.
Booking a scooter
3.15. It is possible to reserve a scooter. Use the reservation, for example, for short-term parking if you want to continue driving later, or to get to a suitable scooter. Other users cannot rent the reserved scooter.
3.16. Booking is paid and the fee is calculated per minute based on the price list valid at the time of booking the scooter. You can see the amount of the applicable fee when selecting the appropriate scooter on the application map.
3.17. The calculation of the reservation fee starts with the confirmation of the reservation and ends with either the cancellation of the reservation or the unlocking of the scooter.
Pause function
3.18. The customer can use the pause function. Other users cannot rent a paused scooter. Break can be used for short-term parking for up to 60 consecutive minutes, after which the current rental session is automatically terminated and the scooter is released for other users.
3.19. The pause function is paid. The fee is calculated per minute based on the price list valid at the time the scooter's pause function is activated.
3.20 The pause function can only be used after unlocking the scooter, i.e. during an active rental session. The per-minute fee is calculated for each minute that has started. The time calculation starts by pressing the pause button, and the pause can be ended by continuing the driving session or ending the ride.
Group rides
3.21. With a group ride session, the user can unlock up to 5 scooters to ride themselves and unlock scooters for use by their companions (members of the group). Do not open scooters to strangers.
3.22. Group ride sessions can be started by users who are at least 18 years old. When opening a group ride session, the user signs an Agreement with us for the use of up to 5 scooters in his name and at his expense under the conditions stipulated in the Agreement.
3.23. Adding scooters to a group ride is possible throughout the session. Please follow the instructions of the mobile application when opening the scooters and guiding the group members. When using scooters opened for a group session, these terms of use apply, taking into account the specifics stipulated for group riding.
3.24. By opening the scooters to other persons for group riding, you assume the responsibility that the members of the group know the terms of use of the Hoog scooter and agree to them and undertake to follow them.
3.25. At the start of the group ride session, we can pre-book your payment method in the amount of 15 euros.
3.26. The user of the group riding session cannot charge the group members a higher fee for the use of the scooter than the fee payable according to the Hoog price list. Including, it is forbidden to demand additional fees, commission or other payments from group members.
Security
3.40. At the latest when unlocking the scooter and before riding the scooter, make sure that it is sound, complete and in a safe condition for use:
- check the condition of the frame and handlebars, check that the scooter has one front, two side and one rear fender reflectors,
- the wheels of the scooter are healthy and move freely, the outer tires are not flat, the tires are worn or damaged,
- test if the brakes work,
- battery must be at least 10%,
- test if the warning bell and front and rear lights are working.
3.41. In the event that the scooter does not meet the above-described requirements, please contact us immediately at the helpline at +372 5501782. If you start using the faulty scooter after a proper initial check, you are responsible for the defects.
3.42. Using a scooter that is not in working order or has a technical defect can be dangerous to your life and the health of other people. Please be responsible and do not start using such scooters. If a defect or malfunction appears during the ride, stop the ride immediately and contact our customer support at +372 5501782 .
Driving
3.43. When riding a scooter, you are obliged to comply with all applicable laws and this Agreement.
3.44. A scooter is a light vehicle within the meaning of the Traffic Act. It is allowed to move with a light scooter especially on the bicycle path, bicycle and footpath, footpath, sidewalk and bicycle path. The requirements applicable to traffic are stipulated in the Traffic Act, the latest version of which can be found on the Riigi Teataja page. Link to the valid traffic law: https://www.riigiteataja.ee/akt/115032019009?leiaKehtiv
3.45. Only one person can ride the scooter at a time.
3.46. The maximum carrying capacity of the Hoog scooter under normal city driving conditions is 120 kilograms.
3.47. When riding a scooter, use appropriate clothing and footwear, as well as protective equipment that can be considered reasonable for the purpose of preventing health damage while riding a scooter (helmet, protectors).
3.48. The use of the scooter is prohibited if you have consumed alcohol, drugs, medication or any other substance that may impair your ability to operate the scooter in a safe manner.
3.49. To ride a scooter, you must hold the handlebars with at least one hand at all times.
3.50. The maximum permitted driving speed of the scooter is 25 km/h. In the immediate vicinity of a pedestrian, it is allowed to drive at the normal speed of a pedestrian. When riding a scooter, choose a speed according to the current speed limit, your driving experience, weather, road and traffic conditions in such a way that you can ensure full control of the scooter and drive and stop it safely.
3.51. When reaching intersecting roads and crosswalks, the speed of the vehicle must be reduced to the same as the speed of a pedestrian and make sure it is safe to cross the road. The driver of a scooter does not have the right of way at a crosswalk or crossing point (unless the scooter is crossing the roadway on which the driver is turning). The driver of a scooter has the right of way when crossing a crosswalk only if he crosses it by pushing the bike by his hand.
3.52. It is forbidden to use a mobile phone, tablet, audio player or other device while riding a scooter if it can distract you and reduce your ability to operate the scooter in a safe manner.
3.53. It is forbidden to perform or attempt tricks and other dangerous maneuvers with the rental scooter.
3.54. When riding a scooter, you undertake to be economical and prudent with respect to the vehicle and the surroundings. It is forbidden to ride a scooter outside paved roads (except when it is necessary to continue the journey) or in areas prohibited from traffic, to use the scooter for racing or stunt driving or in any other way that is dangerous or disturbs other road users. The user acknowledges that Hoog, as a service provider, is not responsible for accidents that may result from the quality of the road surface.
3.55. If you discover during the ride that the scooter does not meet the safety requirements, or notice any other dangerous fault or malfunction, you must stop riding the scooter as soon as possible and report the condition of the scooter in accordance with the provisions of clauses 3.41-3.42.
Stopping the ride and parking
3.56 Stopping the use of the scooter means locking the vehicle in the parking area. The parking area is indicated on the map of our application. It is your responsibility to plan your ride in such a way that you end your ride in the parking area, taking into account the condition of the scooter's battery there. You are obliged to leave the scooter in the parking area even if the battery has run out beforehand and you cannot ride the scooter. The charge for the use of the scooter is calculated until the scooter is locked in the parking area.
3.57. Locking the bike by the user outside the parking area can be prevented by technical measures or lead to additional surcharges.
3.58. A riding session is always automatically terminated if the scooter has been parked in one place for more than 15 minutes in a row, regardless of whether the scooter is in a parking area or a restricted zone. If the driving session is automatically terminated and the location of the scooter is outside the permitted parking area at that moment, the sanctions given in point 4.12 apply.
3.59. In the parking area, the scooter must be parked in an upright position on the scooter stand, following the signs and instructions in the parking area.
The swing scooter must be parked:
– in an upright position,
– on the parking leg,
– if possible, to a bicycle parking lot or a marked scooter parking lot,
– parallel to the light traffic road along the light traffic road,
- parallel to the sidewalk along the sidewalk - leaving at least a 1.5m wide lane for pedestrians on the sidewalk.
Hoog scooter parking is prohibited in the following locations:
– indoors,
– on roads,
– on cycle paths and cycle paths,
– in the immediate vicinity of pedestrian crossings,
– in closed gardens,
– in closed parking lots,
– in parking garages,
– parking spaces designated for cars and marked accordingly,
– on narrow sidewalk sections,
– on the trajectory of exits, backup and emergency exits and closer to them than 2m,
– fire brigade at water intake points, where a scooter may obstruct access to the water intake point,
– in cargo loading areas and within a radius of 2 m from such areas,
– on the banks of water bodies, where the water line is less than 5 meters,
– on uneven and unpaved surfaces (including sand).
3.60. We reserve the right to offer additional discounts for completing a riding session in the scooter parking lots. Discounted parking zones are shown in the map view of the Hoog mobile application. The purpose of the discount is to support the correct parking culture of rental scooters and to introduce public scooter parking lots to service users.
In order for the discount to apply, the user must make sure that the vehicle location matches the GPS location using the mobile application map before ending the driving session.
The discount is applied automatically and is shown separately on the invoice. The number of parking times is not limited.
3.61. In the event that the scooter has a technical problem and you leave the locked bike outside the parking area in agreement with our help desk, you are obliged to leave the scooter on the edge of a suitable sidewalk, in an upright position on the scooter's support leg, in such a way that it does not obstruct the movement of pedestrians or vehicles on the road, door, gate, etc.
Accidents
3.62. In the event that you are involved in an accident, breakdown, damage or injury while using the scooter, or if the scooter is stolen or you lose it, report it to the police on 112 and to us in accordance with the provisions of section 8.1.
4. Payment terms and fines
4.1. Use of the scooter and services is subject to a fee.
4.2. For the use of the scooter and services, you undertake to pay a fee based on the price list displayed in the application (hereinafter the price list). The price list opens in the map view of the application when selecting a vehicle. Our prices include VAT.
The calculation of the charge for the use of the scooter starts when you click "Start" in the App and ends when you click "End Ride" or a similar option displayed in the App. The charge is calculated from the moment the scooter is unlocked for every minute started. The price of a minute of driving may be subject to a charge for starting the journey (depending on the location). Please note that the price list of the service may differ from city to city.
4.3. Payment for services is made with a valid credit or debit card (Visa, MasterCard) that you have linked to your account in the application. The invoice for each ride is available to you in our application and will also be automatically sent to your email address if you have previously added it to your user account profile.
4.4. When paying by credit or debit card, we may charge a service fee for each payment made, which is added to each service order. The service fee is for Visa/Mastercard service fees. The service charge amount is displayed in the application. Your bank may charge additional fees for using a credit or debit card that are not displayed in the app.
4.5. When adding a new payment card by the customer, we can perform a pre-authorization transaction, as a result of which the customer may receive a notification from the bank about the completed reservation. It is a temporary reservation, which is intended to confirm the means of payment and to exclude possible credit card fraud. The given amount may be indicated on the account as a pending transaction. It may take up to a few working days to release the amount - for more detailed information, we recommend contacting the bank that issued the card.
4.6. In order to dispute the amount debited by us on the payment method you have chosen, you must submit a written application to us in accordance with the provisions of section 8.1 within ten (10) working days from the debiting of the disputed amount.
4.7. You agree to notify us immediately if there are any changes to the payment instrument associated with your account that may prevent us from debiting contractual fees.
4.8. We may issue promotional coupons or codes (hereinafter referred to as promotional offers) subject to the special terms and conditions of a particular promotional offer in addition to the Agreement. We reserve the right to change or cancel promotional offers at any time at our discretion. We may suspend or cancel the Promotion(s) and your use of the App at any time if we have reason to believe that the use or redemption of the Promotion(s) was improper, fraudulent, illegal or in violation of the terms of the Promotion.
4.9. As part of various campaigns and services, we can offer our customers Hoog credit - that is, value that you can use to purchase Hoog services. Such credit has a monetary value only for the consumption of Hoog services by the user himself. Hoog credits are not exchanged for money or compensated in any other way.
4.10. We have the right to use your Hoog app credit (your loaded credit and our credit) to cover any fees and charges, including fees for services and liquidated damages, that we may have against you in accordance with these Terms of Use.
4.11. We hope that the use of scooters will be reasonable and smooth, but in order to ensure the sustainability of our operations, we stipulate that any fees, fines, damages and expenses that we incur as a result of your unauthorized use or parking of your scooter, or because you violated any law, rule while using the service , rule or other order, are fully indemnified by you.
4.12. In addition to other legal remedies, we have the right to fine you for breach of obligations under the Agreement as follows:
4.12.1. if the scooter is parked outside the parking area allowed in the application, you are obliged to pay a fine of up to 100 euros. The obligation to pay a fine also arises if the scooter riding session ends automatically after 15 minutes of standing in one place. In this case, we usually apply a fine in the amount of €5 + €1 for each running kilometer up to the limit of the permitted parking area;
4.12.2. in case of violation of clause 3.56 of these terms and conditions (scooter parking in a prohibited place), we have the right to demand a fine of up to 25 euros from you;
4.12.3. in case of violation of point 3.45 of these terms and conditions (only one person can ride the scooter at a time), we have the right to demand a fine of up to 50 euros from you;
4.12.4. if the scooter that you unlocked is returned in a condition that does not correspond to normal wear and tear, needs repair, or has been damaged intentionally or negligently, you agree to pay a liquidated damages equal to the cost of repairing or replacing the scooter or its equipment, but not more than 1000 euros;
4.12.5. if the scooter that you unlocked is left unlocked and unannounced, you are responsible for the fees for using the scooter until the scooter is found, and you undertake to pay a fine of up to 100 euros for the time taken to find the scooter;
4.12.6. if the scooter that you unlocked is not returned (the ride is completed and the scooter is properly parked) within 48 hours of unlocking, we may, at our discretion, consider the scooter in question lost or stolen, and you undertake to pay a fine of up to 1000 euros to compensate for the replacement of the scooter. In addition, we have the right to report you to the police;
4.12.7. if we have to pay a fine or other amount for an offense committed by you and we have to demand that you compensate this amount, we have the right to demand a liquidated damages in the amount of up to 100 EUR to cover the costs of the proceedings.
4.13. You authorize us to use the payment instrument of your choice associated with your account to debit all fees and other amounts due. In case of failure to use the selected payment method, we will apply other collection methods. In this case, you agree to pay us the late payment and to reimburse us for the costs incurred in collecting the debt, including legal fees.
5. Liability
5.1. You acknowledge and agree that you use the Services, scooters and related equipment at your own risk, and we shall not be liable for any consequences, claims, actions, damages, injuries, fees, costs, fines, legal fees or for other expenses, regardless of whether they could have been foreseen or not. You acknowledge that you are aware of these risks and that they remain with you.
5.2. Riding a scooter requires sufficient physical fitness, the ability to maintain balance, and awareness and knowledge to move in public space in a safe manner for yourself and others. In addition to fulfilling all the requirements, you consider that riding a scooter in public spaces inevitably involves dangers and risks that cannot be foreseen or avoided. Risks and dangers can result in material damage, as well as health damage or loss of life.
5.3. A scooter consists of a number of important components (frame, battery, module) each of which, or in the interaction of which, can experience technical failures, even if they have been properly maintained and tested. When using scooters, you must consider the risks associated with technical failures, especially when making choices about your driving style, speed and safety equipment.
5.4. In the event that the functionality of the Application is incomplete or you find that there is an error in the Application, please notify us in accordance with clause 8.1. We will eliminate any errors that appear as soon as possible. We say here that we cannot make any commitment to ensure that the application will function without errors at all times. We also ask for your understanding in situations where the use of the application is limited due to a technical error.
5.5. We are not responsible for any damages caused by the application not working or not being able to be used as intended.
5.6. Any of our services, devices or tools available through us are provided on an "as is" basis. We do not guarantee that all tools and services provided by us will be without defects or equivalent at all times and places. Condition of scooters may vary, as may availability and condition of accessories. You make the decision to use each item yourself each time, and when you start using the service, you agree and accept the condition of the specific items. If the condition of the item or service we provide does not meet your requirements, please discontinue use immediately.
5.7. Wearing a helmet and other protective equipment and carefully following the rules of the road and the terms of the contract are very important to reduce the risk of injury and injury or harm to others.
5.8. If you cause damage to yourself, us or third parties while using the scooter or using our other services, or if you cause health damage to yourself or a third party, you are also responsible for the resulting consequences. Consequences may be claims arising from the contract and the law, lawsuits, damages, costs, including costs for legal aid, fines or other obligations. In the event that we are obliged to compensate the claims of third parties, you undertake to compensate us for all costs arising from the submission and fulfillment of such claims.
5.9. To the extent permitted by law, we exclude the provision of direct, indirect or statutory guarantees or guarantees of specific conditions. In particular, we exclude any express or implied representations, warranties, representations and promises as to whether:
(a) information about the Services, including instructions displayed on the Application, is accurate, complete, correct, sufficient, useful, timely or reliable;
(b) faults or errors in the Services will be corrected;
(c) the services are available at a certain time or in a certain service area;
(d) your use of the Services is lawful in the jurisdiction of the Republic of Estonia.
5.10. All implied warranties and conditions of any kind relating to the Services are excluded to the extent permitted by law. The provisions of the Agreement do not exclude, limit or modify any guarantee, condition, right or remedy arising from the legislation applicable to the Agreement and which cannot be legally excluded, limited or modified.
5.11. If a guarantee or condition arises from the applicable legislation and cannot be excluded (hereinafter a non-excludable condition ) and we do not have the right to limit the use of your remedy in the event of a breach of the non-excludable condition, then our liability for breach of the condition in question is limited to the extent permitted by the legislation:
5.11.2. in the case of things, only by replacing them or delivering an equivalent thing, repairing the thing, reimbursing the costs incurred to replace the thing or buying an equivalent thing, or compensating the costs incurred to repair the thing; or
5.11.2. in the case of services, only by re-providing the services or reimbursing the costs incurred for re-providing the services.
5.12. In any event, for any claims arising from the contract, including claims arising out of non-contractual debt relationships or on other grounds, our total liability is limited to an amount not exceeding 350 euros or the amount paid to us for the period of use of the scooter during which the event or accident giving rise to the claim occurred, whichever is the later. , whichever amount is less.
5.13. Neither party shall be liable for any loss or delay or failure to perform an obligation caused by a force majeure event, including natural disaster, earthquake, fire, flood, war, terrorism, civil unrest, labor or military conflict, sabotage, strikes or lockouts, pandemic, epidemic, mass riot, failure or interruption of utility or communication services, large-scale cyber attack, court order, action of a state or military authority, action of a state, law enforcement or supervisory agency.
5.14. To the maximum extent permitted by applicable law, neither we nor our affiliates, agents, managers or employees shall be liable for any damages to you arising out of the provisions of this Agreement or your use of the Application, including:
5.14.1. for any direct or indirect property damage;
5.14.2. for lost income;
5.14.3. for loss of business activities, contracts, contacts, damage to reputation or interruptions in business activities;
5.14.4. for inaccuracy or destruction of data;
5.14.5. for other damage.
6. Licenses
6.1. If you have set up the application for yourself and created an account, we consider that you have accepted our terms of agreement and grant you the right to use the application on a personal device and for personal use. The right of use does not give you the right to use the application for commercial purposes or to transfer the right of use to another person. We reserve the right to limit and revoke the right to use the application for the purpose of managing the contractual relationship.
6.2. When using the application, you are prohibited from:
6.2.1. circumvent, remove or disable the application's security features or otherwise interfere with their operation;
6.2.2. allow another person to use the Application on your behalf;
6.2.3. use the Application if we have disabled it;
6.2.4. act unlawfully or in a way that causes damage to us or third parties or property;
6.2.5. prevent the operation of the application or interfere with its data;
6.2.6. knowingly place file viruses, trojans, malware, logic bombs or other similar files in the application that may cause harm to the application or 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 on the Application that is pornographic, violent, offensive, threatening, misleading or false;
6.2.9. upload content created by you, the creation of which used elements that do not belong to you or the use of which would violate the copyright, trademark or other rights of third parties;
6.2.10. transmit information or comments about another person without that person's consent;
6.2.11. violate another person's right to privacy or disturb, humiliate or harass other persons;
6.2.12. use automated systems, including bots and raiders, to access the Application in a way that sends more request messages to the Application than a human could in the same amount of time;
6.2.13. act in a manner that may be considered inappropriate when using the Application.
6.3. We consider violation of the prohibitions set forth in Section 6.2 to be a material breach of the contract, which may result in our choosing whether:
6.3.1. suspension or termination of the right to use the Application;
6.3.2. temporary or permanent removal of content you have created;
6.3.3. warning;
6.3.4. initiating legal proceedings against you, including to recover costs arising from the breach (including reasonable administrative costs and court costs);
6.3.5. forwarding the information in question to a law enforcement agency, if there is reason to do so.
6.4. The information and data provided by you through the application must be accurate, true and complete, and you undertake to ensure the accuracy, truthfulness and completeness of the information and data provided during the entire period of use of the services. Specifically, this means that when the data changes, you must update, supplement and delete it as necessary. If we have a reasonable suspicion that the data you provide is inaccurate, incorrect or incomplete, we have the right to stop providing you with services, including temporarily blocking your user account. To the extent permitted by law, we have the right or obligation to verify the information you provide, and we expect you to cooperate with us in good faith to determine the correct information. You are responsible for any damage caused by providing inaccurate, incorrect or incomplete information.
6.5. You confirm that any text, images, or other information (hereinafter Your Generated Content) that you transmit to us when using the Services complies with the terms of the Agreement.
6.6. Content you create in the App remains your property, and content created by third parties that you use to create your content remains their property. You grant us a worldwide, royalty-free, perpetual simple license to use, copy, reproduce, distribute, adapt, reformat, modify, publish, translate, license, sublicense and implement the content you create in any location or format for the purpose of providing the Services .
6.7. Our right to use content you create does not in any way limit your right to privacy. Please see our privacy policy for more detailed information on how we use your personal information.
6.8. We have the right to monitor the content you create and, if necessary, delete it or refuse to publish it if we have reason to believe that the content you create is in violation of the Fair Use Policy.
7. Governing Law
7.1. The law of the Republic of Estonia applies to the contract and it is interpreted in accordance with the law of the Republic of Estonia. The legislation of the City of Rapla also applies to movement with a scooter. You agree to comply with all legislation of the Republic of Estonia and the City of Rapla.
7.2. Each party to the contract irrevocably and unconditionally agrees that disputes arising from the contract will be resolved in the courts of the first and second instance of the Republic of Estonia, and waives the right to object to the jurisdiction in question.
8. Other provisions
8.1. Notices and other information related to the contract or services must be sent by e-mail to info@hoogmobility.ee or by calling customer support at +372 5501782.
8.2. You agree that we may, at our discretion, assign this Agreement and related agreements to another person.
