User Agreement

Customer Service:

Email: info@pegaso.pro

Last Update: May 20, 2021

Spain

¡THANKS FOR TRUSTING IN PEGASO!

This translated version is provided for your convenience only. In case of conflict, the Spanish version of these Terms will prevail.

The conditions that you will know here (“Terms”) govern the use by you of several of our products, services, apps, and software (in general, our “Services”). These services will be provided to you by IVNING LLC. By using our Services (including using our app or, as an example, creating a user account), you agree to the Terms, including that you are of legal age to form binding contracts, so please read them carefully. You should know that you are also acknowledging that you have the authority to accept these Terms.

In case that you do not agree to these Terms, you may not use our Services. The Terms may be modified from time to time, and the revised version will be applicable when posted on the Website. Of course, you can review the revised version of the Conditions prior to their effectiveness. The revised Terms will supersede any prior version. While we will notify you of any material revisions, we encourage you to regularly review these Terms, as your continued use of our Services after we make any changes to them constitutes your acceptance of those changes. These Terms also supersede any prior agreements we have with you. However, you may stop using our Services at any time, and we will terminate these Terms or your use of any Services, or generally stop offering or denying access to any part of the Services, at any time in our sole discretion. (but if you do not agree with, or wish to contest, any termination or cessation by us, please contact us at info@pegaso.pro with the relevant details). The specific terms covering subscriptions to our Services are set forth below. Additional notice periods to which you are entitled before we make any changes to the price or other material terms of the subscription are set out.

1. What do Pegaso offers to you?

Pegaso was created in order to provide access to sustainable and comfortable mobility to move around the city. Our Services help make this idea a reality. We are continuously developing our Services, and we have taken our first step starting with electric scooters. In the Conditions, we usually refer to these as “Scooter” or “Scooters”. Our Services also include our mobile application (the “App”) and any other related equipment, maintenance, upload, staff, our websites (including this one), and any other information, technology and services provided or otherwise made available to you. at our discretion. We offer our Services as an opportunity for those who are capable and qualified to handle them, and as alternative means of public and private transportation that are available to you and the general public.

2. Your User Account Pegaso

• Account Setup: To use our Services you will need to have an account and it requires a valid credit or debit card (which is handled by a third party payment processor – we do not receive or store this information) as well as other required information. in order to use the product. This information is needed in order to provide our Services to you. What you provide us must be true, accurate, complete and updated to the extent necessary to maintain such characteristics. Create your username and password securely without sharing it with anyone – your account is meant for you personally and no one else, and you are responsible for the activity that occurs under it. Please let us know immediately if you suspect any unauthorized use of your account. For more information on how we use your personal information, please see our Privacy Notice.

• A Warning About Fraud: Security is very important and we take it seriously, both for your protection and for ours. You may only use a payment method for which you have the legal right to use, and you authorize us to charge this payment method for any charges you incur. If there is any suspicion that any information you have provided to us is inaccurate, incomplete or fraudulent, we may suspend or terminate your account until the problem is resolved. During that time, you will lose access to some or even all of the Services we provide, whether temporarily or permanently.

3. Use of the App and our Services

You can use our App to locate, reserve and rent our available scooters. Please understand that for offer or other related reasons, we reserve the right to accept or reject your reservation or rental requests. If your reservation or rental made via the App is rejected after your request, you will receive the applicable refund in your balance within our application, assuming that your bank card has already been charged. If the price in the App turns out to be incorrect for any reason, we reserve the right to decline a corresponding reservation and the applicable refund will be made to your balance within our app.
By default, our app has automatic payment activated. It is made to ensure that your scooter does not stop in the middle of a ride. You are free to disable the mentioned option at any time.
Once the balance has been recharged within the application, done by you or automatic payment, refunds are not allowed.

• Some Essential Rules.

• • You must be the only user of our Services.
• • You are at least 18 years old or the minimum age that allows you to circulate with our scooter on public roads according to the law.

• You are capable of operating our Products in a competent manner. He knows how to use them and is physically capable of doing so. It understands that adverse weather conditions can affect safety and is able to respond accordingly (adjusting braking distance in the rain, for example). Also note that we do not provide directions or advice, so which route you choose is up to you.

• For our part we do our best to inform you about the local regulations that govern how to use our scooters, please make sure that you are aware of these laws as well, which you must follow when using our services. Do not use our Services in prohibited areas, and make sure you understand the laws regarding sidewalk use, parking (do not obstruct or block foot traffic, for example), and alcohol/drug use.

• Do not tamper with, vandalize, or attempt to gain unauthorized access to our Services.

• Parents are responsible for their children. Children under 16 years old can use our scooters, but they must wear a helmet. Minors under 15 years of age are prohibited from circulating on public roads.

• Security before everything! - Helmets and Security Controls

We recommend that you wear a helmet whenever you use our scooters. It must be homologated and the correct size, adjusted and fastened according to the manufacturer's instructions. The helmet and other protective equipment, if you have them (in this case it would be recommended to use them too), are not an absolute guarantee against personal injury, but prevention is better than cure. Helmet use is required by law in some areas, so wear a helmet when required by law. If you choose not to wear a helmet and are injured, you have chosen to take that risk and we are not liable (unless our action or inaction was the actual cause of such injury).

• We do our best to keep each scooter in good condition, but they do wear out due to the mobility needs of our customers. Do a safety check on the scooter before you use it, including all of these checks:
• • Check its general condition, the condition of the wheels.
• • Do your brakes and lights work?
• • Is the battery charged?
• • Are there any other signs of damage, unusual or excessive wear, or maintenance?
• Something may have happened to the Product since its last health check, so we need you to tell us if something is not working as it should if you notice it before we do. Please let us know as soon as you can by contacting us at info@pegaso.pro. If you notice any of these or other problems with a Product prior to use, do not use it. Reserve another instead. If you notice anything during use, stop your ride as soon as you can as safely as possible. If you don't report these problems we may blame them on you, and you may even be responsible for the associated costs.
• • Additional rules for electric scooters
• • We do not have an unlimited number of electric scooters and they are not always available.
• • Electric scooters require periodic battery charging to function. Its charging power level will decrease with use over time and distance. Our scooters lose battery power for various reasons, including due to weather, road conditions, and other factors.
• • It is your responsibility to take into account the battery level of the scooter you have rented and decide at your own discretion if said battery level will allow you to get where you intend to go. As part of our Services, we work diligently to make sure our scooters have the right level of charge for your general use, but we don't know where you want to go and we can't guarantee that the electric scooter you rent will have enough charge to get you there.

4. Ride carefully when you use our scooters!

We want you to have a safe experience for yourself and those around you, and that means we have some rules. In addition to exercising caution and good judgment, you should not carry any items (such as a briefcase or bag) or use any devices (such as a mobile phone or other portable device) if they impede or impair security (for example, do not send text messages text while using our Services). There won't always be a designated place for driving, such as a bike lane, so please be careful when driving around cars or others (we are not responsible for the actions of drivers). You may not use our Services while under the influence of alcohol, drugs or other substances. Do not bring other people or animals while using our Services. Do not lock any scooter with a lock that is not ours, because then we cannot unlock it (!). Please do not leave a scooter in any way or location that we cannot access (if everyone did, there would be no Products to use). We may charge you up to €400, depending on the costs we incur for the recovery of any scooter due to your actions.

You are also not permitted to use our Services to engage in activities beyond the intended use of a particular scooter. Some of these are self-evident, but, for example, don't race, drive in the mountains, do stunts or tricks, and don't drive off-road or through large amounts of water (beyond normal urban driving, of course). ). All these uses can damage our scooters. You may not use our Services for recruiting, rewarding, or any other commercial use (such as advertising, ride sharing, or food delivery). And of course, don't use our Services for anything that would be a legal violation.

5. Treat Our Products As Your Own!

5.1. Proper use. If all customers treat our Products with respect, more will be available to use and in better condition. Our Products are unfortunately not indestructible, so please take good care of them when they are in your hands. They have weight limitations: 100 kg for all scooters. We expect you to use the scooters safely, even when carrying general cargo.

5.2. Damage. We expect that, aside from normal wear and tear, you will return a scooter in the same condition that you received it. If you damage it (accidentally or intentionally), or do not return it properly and damage occurs, you will be responsible for the associated costs. This can be expensive: up to €1,500 for a scooter: these amounts are determined based on the costs of repairing or replacing the relevant Product. The same charges will apply to any scooter that is not returned within 48 hours of rental, which we will consider lost or stolen and, depending on the circumstances, we may need to file a police report against you. We also reserve the right to take against you those measures that the law allows, including holding you responsible for the value of the scooter.

5.3. Rental Periods. You can rent a scooter for up to 24 hours. Keep track of your time as we don't do it for you. You must return it within that time period, and afterward, you can re-rent it. Each scooter has a maximum rental rate of 24 hours.

5.4. Scooter pickup. If you cannot return a scooter to a valid area (for example, you have to leave it on private property, in an inaccessible community, or in an inaccessible area), and you ask us to collect that Product, we may charge you a removal fee of up to 100 euros. If you abandon a Product, you will be responsible for all associated charges until it is recovered, plus a service charge of up to 100 euros, depending on the time and effort associated with recovering the Product. If you disagree with any charge, you can contact us at info@pegaso.pro to dispute it.

5.5. Accidents or Damage to scooters in General. You must report any accident, crash, damage, personal injury, or lost or stolen scooter to us as soon as possible. If an accident involves personal injury, property damage, or a stolen scooter, you must file a report with your local police department within 24 hours.

6. Financial conditions

6.1 Prices and Payment.

You can rent our Services by the minute. All prices can be found in the App. Please note that we may change the prices of our Services as we deem necessary or appropriate for our business. Our prices do not include taxes (such as excise taxes) but include other applicable government charges. All of these will be charged to the payment method listed on your account based on your usage. We will automatically collect and withhold applicable taxes if required by law. All payments made to us will be made through a third party payment processor in the form of payment accepted by them. If you disagree with the charges we have made to your account, you must tell us as soon as possible after you become aware of the problem. To resolve any charge dispute, we will need certain trip information, including the date and approximate start and end times of your trip. As a policy, we do not offer refunds for use of our Services that you have already made, and any exceptions to this policy are at our sole discretion.

6.2 Promotional Codes.

On several occasions, we provide promotional codes for discounted travel, which may be subject to additional terms presented to you in connection with a particular promotion which you will need to carefully review and agree to if you wish to participate. Please understand that these are one-time offers, they can only be redeemed through the App and we can modify or cancel them at any time. We limit them to 1 per user and account, they cannot be combined with other offers, they will expire according to their terms and they are not transferable or resellable.

6.3. Subscriptions.

We currently have no subscription offers available.

6.4 Fines and Fees.

When you use our services, you must comply with the laws that apply to you. If you receive a ticket, cause a scooter to be towed and/or impounded, or receive any other ticket, you will be responsible for the associated costs. We cooperate with all government officials to enforce applicable laws and, for convenience, we may pay amounts due on your behalf and provide information necessary or required by appropriate government agencies. If we do so, you must pay us the amount, as well as a reasonable administrative fee and any other applicable costs associated with the collection of information by third parties or administrative agents if they have to intervene to resolve the problem. By accepting these Terms, you agree that we may charge these amounts to your payment method listed in your account, and we may need to contact you for additional information.

1. 7. Consumer Cancellation Rights for Subscriptions

We currently have no subscription offers available.

1. Limitation of Liability

When we use the term “Released Parties” in these Terms, we mean (i) we, our affiliates, our branches, and our respective owners, managers, employees, directors, agents, representatives, successors, assigns, licensees, distributors, suppliers, and third parties whom we authorize or otherwise partners with whom we associate to distribute or market the Services, (ii) municipalities and public entities (including all of their respective officers and employees) who authorize us to operate any of the Services , and (iii) to the extent you access the Services through a third party application, website, content, product or service, this third party and all of its affiliates and branches and each of their respective owners, managers, employees, directors , agents, representatives, successors and assigns.

Nothing in these Terms will limit or exclude the Released Parties' liability to you:

• for death or personal injury caused by the negligence of the Released Parties;

• for fraudulent misrepresentation;

• for breach of any terms implied by applicable law relating to consumers and users and which, by law, cannot be limited or excluded; either

• for any other liability which, by law, cannot be limited or excluded.

Subject to this section and to the extent permitted by applicable law, if you are a consumer and not a legal person, in no event shall the Released Parties be liable for any indirect or consequential loss or data losses, and if you are a legal person Under no circumstances shall the Released Parties be liable for any indirect or consequential loss, or for any loss of profits, revenue, contracts, data, goodwill, or other similar losses. Any liability that we have for losses suffered arising under these Terms (whether as a legal entity or as a consumer) will be limited to €85 and is strictly limited to losses that were reasonably foreseeable. Loss or damage is foreseeable if it is obvious that it will happen or if, at the time the contract was made, both we and you knew that it might happen.

The Released Parties will not be liable for any failure or delay in performance of any of our obligations under these Terms that is due to events beyond our reasonable control.

Our products are machines and there is an inherent risk associated with their use, including malfunction, regardless of how well they are maintained. These hazards are not always obvious, and can cause property damage, injury, or death to you or others. Subject to the foregoing, by using our Services, you agree that you understand these risks and that it is your responsibility to use them safely. You are responsible for any damage you cause to other people or property (unless our action or inaction was the actual cause of such damage).

1. Your Responsibilities

To the extent permitted by applicable law and subject to section 8 above, you agree that you are responsible for all claims, actions, costs, damages, fines, penalties, demands, losses, liabilities and expenses (including reasonable fees attorneys' and court costs) arising out of or related to (i) your breach or violation of any of these Terms or applicable law, (ii) any Released Party's use of your content under Section 13, or ( iii) your violation of the rights of any third party. You agree that the obligations in this Section 9 will survive the termination of these Terms, your user account, or your access to our Services generally.

1. Your Personal Information

We collect and use your personal information to provide the Services to you. For example, we process information such as your name, contact details and payment details so that you can register for an account with us and use our Services. It is also necessary for us to process information about you, such as information about your trips in order to be able to provide our Services. To learn more about how we use your personal information, please read our Privacy Policy.

1. Intellectual Property

11.1. Our Limited License to You.

Subject to these Terms, we grant you a limited, non-exclusive, non-sublicensable, revocable, non-transferable permission to access and use the App, our software and related services on your personal device solely for the use of our Services. Such rights are solely for your personal, non-commercial use. We and our licensors reserve all rights not expressly granted herein. You are not permitted to copy, modify, distribute, sell or lease any part of our Services or the included software, nor may you reverse engineer or attempt to extract the source code of the Services or software, unless laws prohibit these restrictions or you have our written permission to do so. Do not do anything that places an undue burden on the infrastructure of our Services, use robots, spiders, scrapers, or other automated means to access our Services, attempt to interfere with the proper functioning of our Service, or attempt to circumvent any of our measures. to access the Services.

11.2 Property.

The Services are our exclusive property, and your use of the Services does not transfer any ownership rights to you. Your use of our Services does not give you ownership of any intellectual property rights in our Services or the content you access, and, except for the limited permission granted to you above, all rights (including all intellectual property rights) belong to us. belong to us or our licensors. You may not use content on our Services without our express prior permission or otherwise permitted by law. These Terms do not grant you the right to use any brand, trademark, or logo used on our Services or otherwise, to include in any advertisement or publicity, or to imply our authorization. Do not obscure or alter any legal notices displayed, along with, or in connection with our Services.

12. Content Provided by You

On occasion, you may be prompted to submit content to us (such as commenting on a blog post, participating in our communities, or providing user suggestions). You own this content, but we ask that you first make sure you have the right to send it to us, because when you send it to us, you grant us (and those we work with) a worldwide license to use, store, reproduce, modify, create derivative works, communicate, publish, make public, publicly display and distribute it, as well as your name, voice and/or the like if they have been submitted and to the extent permitted by applicable law. This license continues even if you stop using our Services. If you submit comments or suggestions about our Services, we may use your comments or suggestions without any obligation to you. Any content you submit will be considered non-confidential.

Do not submit any content that is defamatory, libelous, hateful, violent, obscene, pornographic, illegal or offensive (we will be the judge of whether your content meets any of these descriptions). The same goes for "spam" or unsolicited advertising. Submitting any of the foregoing may result in the suspension or termination of your user account, even where required by law. We have the right, but not the obligation, to review, monitor, or remove your content at any time and for any reason without notice, subject to applicable law.

13. Third Party Services and Content

The Services may be available or accessible in connection with the provision and content (including advertising) controlled by third parties with different terms of use and privacy policies. We do not define these third party services and content and are not responsible for any of their products or services. In addition, Apple Inc., Google, Inc., Microsoft Corporation and/or BlackBerry Limited will be third party beneficiaries of these Terms if you access the Services using applications developed for Apple iOS, Android, Microsoft Windows or Blackberry mobile devices, respectively. These third party beneficiaries are not a party to these Terms and are not responsible for providing or supporting the Services in any way. Your access to the Services using these applications or devices is subject to the terms set forth in their respective terms of service and privacy policies.

14. Network Access and Devices

You are responsible for obtaining the data network access necessary to use the Services. Your mobile network's message and data rates may apply if you access or use the Services from your device. You are responsible for acquiring and updating compatible devices or hardware necessary to access and use the Services (including the App) and any updates thereto. We do not guarantee that the Services, or any part thereof, will function on any particular hardware or device. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.

15. General

You may not assign these Terms without our prior written approval. We may assign these Terms without your consent to a related or affiliated entity or in the event of a sale of all or substantially all of our assets, stock or business, or to a successor by merger. Any purported assignment in violation of this paragraph is void. No joint venture, partnership, employment, or agency relationship exists between you and us as a result of these Terms or your use of our Services. If any provision of these Terms is held invalid or unenforceable, that provision will be severed and the remaining provisions will be enforced to the fullest extent possible subject to law. Our failure to comply with any right or provision in these Terms will not constitute a waiver of such right or provision unless we acknowledge and agree to it in writing, and does not constitute a waiver of our right to do so later. Force majeure events may prevent us from providing the Services. Please note that when we say "include" or "including" throughout these Terms, we really mean "include, but not limited to", but we do so for ease of reading. Provisions that by their nature are intended to survive termination of these Terms or your use of the Services will survive.

16. Disputes

These Conditions will be governed by the legislation of Spain. If you are a consumer and have your habitual residence in the European Union, you will also have the protection that any mandatory provision of the legislation of your country of residence can offer you.

Both you and we agree to submit to the non-exclusive jurisdiction of the courts of Spain, which means that you can claim your rights as a consumer in relation to these Conditions both in Spain and in your State of residence that is a member of the European Union.

The European online dispute resolution platform http://ec.europa.eu/consumers/odr/ provides information about alternative dispute resolution that may be of interest to you. It is your choice to use it if there is a dispute regarding these Terms that cannot be resolved otherwise.