User Agreement

Terms and Conditions for the Use of Volti Services

This agreement (hereinafter referred to as “Agreement”) sets forth the legally binding terms and conditions during the use of services provided by Volti, which includes different products, services, applications, and software we offer. Volti, a company registered in Caracas, Venezuela under the Autonomous Service of Registries and Notaries, Commercial Registry seventh of the capital district, Volume: 377, COMMERCIAL REGISTRY VII, Number: 5 of the year 2023 (The Services will be provided through VOLTI C.A, hereinafter Volti). The purpose of this Agreement is to regulate the Services provided by Volti, which are based on making electric scooters and/or electric bicycles available to you after you have registered on the Volti application.

DEFINITIONS

In this Agreement, the following words, terms, and phrases shall have the meanings set forth below:

“Incentivized Parking Zone”: refers to the zones defined and designated in the Volti Application where parking is incentivized.

“Mandatory Parking Zone”: means the areas defined and designated in the Volti Application where you must park and temporarily deactivate the Vehicle.

“No Parking Zones”: refers to the areas defined and designated in the Volti Application where Vehicles cannot be deactivated. Since it may not be possible to reactivate a Vehicle once deactivated in such a zone, you must avoid this area by all means, as non-compliance may result in additional costs.

“Use Area”: shall be understood as those areas defined and established in the Volti application where the Vehicles can be driven and are available.

“Privacy Policy”: shall be understood as the privacy policy made available by Volti at the address: www.volti.app

“Vehicles”: shall be understood as Volti’s electric vehicles such as an electric scooter, an electric bicycle, an electric motorcycle, or an electric car.

“Services”: shall be understood as the use of Vehicles, the website, or the Volti application and the services related to them as described on the website and in the application that are available both on the web and in the Volti application, along with any other equipment related to the services and the information made available by Volti.

“Volti Application”: shall be understood as the software applications owned by Volti accessible via computer or mobile devices through which you can access the Vehicles.

“Volti Pass”: means the right to use the Services through a subscription-based purchase (e.g., a monthly pass) or the purchase of a fixed use period (e.g., a 24-hour pass), as described in more detail in the Volti Application. Volti Pass may be available in different versions:

“Free Unlock Pass”: allows free and unlimited unlocking of Our Vehicles, and the use of the Services as described in the Volti Application and subject to the limitations of the Agreement.

“Seasonal Pass”: allows the use of the Services as described in the Volti Application and subject to the limitations of the Agreement.

“Web”: shall be understood by the web portal of Volti: www.volti.app

GENERAL

1.1 Parties to the Agreement.

You and Volti are the only parties to the contract. You are the sole user of the services and You must not allow others to use the vehicle.

1.2 Account Registration

To be able to use the Services, you must register an account in the Volti Application. You must follow the instructions given during the registration process and provide accurate information. If you do not register correctly, you must not use the Services. You may only register an account for Yourself and you may only make one registration. You must ensure that no one other than You makes use of your user account, especially in regards to the use of a Vehicle. If you are aware of the risk that another person may use your registration or could use it, for example, because your computer or mobile device with which you can access the Vehicle has been stolen, you must inform Volti as soon as possible in accordance with Section 8. If you allow a third party to use your registration or a Vehicle, You will be responsible for all use and/or misuse of the Services.

1.3 Volti Services

Volti will provide you with the opportunity to use the Volti Application to find, activate, use, and deactivate a Vehicle as long as a Vehicle is available. The availability of the Vehicle is shown in the Volti Application. Given the limited number of Vehicles operating, Volti does not promise or guarantee that you will always find a Vehicle at a convenient distance for You or that you will find a Vehicle at all (see Section 1.5 below).

1.4 Your responsibilities and requirements for the use of the Services

You must be at least 18 years old to use the Services. The operation or use of any Vehicle by a minor is expressly prohibited. If you allow a minor to use a Vehicle, for example, activating it through your account, you will be responsible for all use and/or misuse.

You must be physically fit and reasonably competent to use the Vehicle, especially with regard to participating in street traffic and complying with traffic rules and regulations.

You are responsible for adapting your driving to external circumstances and for determining your overall ability, your medical condition, the weather conditions (including, without limitation, rain, fog, hail, ice, heat, or electrical storms) and/or other factors that may pose any risk to You, your use of the Vehicle, or others. You have to make your decision about whether and how to use a Vehicle depending on the weather, traffic or any other circumstance, uncertainty or other factors, must adjust, adapt, and calculate your speed, driving behavior, and braking distance. Due to the circumstances, it might even be advisable to refrain from any use of a Vehicle altogether.

You must perform a basic safety check of the Vehicle before using it with a visual check, a battery capacity check (see Section 1.5 below), and a functionality check of the brakes. You must not use the Vehicle if there is any noticeable problem (such as, among other things, visible damage to the wheels, brakes, lights, or the frame of the Vehicle, problems related to the battery level, signs of unusual or excessive wear of any kind or any other visual damage to the Vehicle or any brake malfunction). If you notice any such problem with the Vehicle, you must not use it. We will appreciate it if you inform us of such a problem according to the information stated in Section 8 below. The Vehicle is an electric vehicle that requires being operated safely and prudently and in accordance with governmental regulations and guidelines.

Regarding Volti Pass: (1) the use of Volti Pass may be limited to the Operational Zone where it was acquired, as described in the Volti Application, and (2) You will not have the right: to apply the sections 2.2 and 2.7 below (Discounts and promotion codes) on the Services used via a Volti Pass.

1.5 Availability of the services

The Vehicles are not available at all times, even within the Use Areas, and, according to Section 3.1.2 below, we are not responsible if You are unable to locate an available Vehicle.

The availability of the Vehicles may vary within and between different Use Areas due to high demand. Access to the Services may be limited or restricted in some Use Areas if necessary to ensure your safety or the safety of the Vehicles, for example, if there is a demonstration that causes traffic problems or if weather conditions are bad or similar. Please note that Volti has the right to limit or restrict access to the Vehicles at its discretion, but it has no obligation to do so, unless such obligations are imposed on Volti by police authorities or similar governmental or regulatory bodies. Full access to the use of a Vehicle may also be limited for other reasons, such as, for example, slow zones (i.e., when the speed is automatically reduced by Us due to speed limits in, for example, pedestrian zones).

The battery level of the Vehicle may affect availability according to the following: The battery level of the corresponding Vehicle is reflected in the Volti Application. It is your responsibility to check the battery level of the Vehicle to ensure that it is adequate before using it. The remaining battery level in the Vehicle will decrease with the use of the Vehicle, and operational capabilities and speed may decrease or cease altogether as the battery level decreases. The rate of battery level decrease may vary and differ from time to time due to different factors, such as the state of the Vehicle and battery, weather conditions, road conditions, your use of the Vehicle and/or factors that are beyond our control. Therefore, it is not possible to relate a particular battery level to a specific distance that the Vehicle can travel. If you are unsure whether the battery level is sufficient to reach your destination, you are advised to reassess the intended use of the Vehicle.

1.6 Terms of Use

Different Use Areas. You may only activate, use, temporarily park, and deactivate a vehicle within a Use Area where the vehicle has been activated. The correct Use Area is displayed in the Volti Application and must be checked before activating a Vehicle.

Activation, use, and temporary parking of vehicles. To use a Vehicle, you must activate it through the Volti application. You will need an Internet connection to do so, and it is your responsibility to ensure that the mobile device with which you can access the Vehicle is working properly and that you have sufficient Internet access to use it.

After activating the Vehicle, the rental period begins and continues until the Vehicle is deactivated. You may temporarily park the Vehicle at any time through the Volti Application, and in such case, you are responsible for reactivating the Vehicle again. The rental period will continue while the Vehicle is temporarily parked.

The maximum usage period is 1 hour, after which the trip will be terminated by Volti and, at that time, you must ensure that the Vehicle is parked in accordance with this Agreement.

You undertake to use and temporarily park the Vehicle in accordance with all applicable local laws, including local traffic rules and/or other local rules, and you will at all times use the Vehicle with respect to pedestrians, property, and traffic, for example (where permitted by local legislation) by cycling through bike lanes and not on sidewalks, maintaining pedestrian speed when cycling through pedestrian areas, etc. Regarding electric bicycles, the electric assistance will be cut off when the vehicle reaches 25 km/h.

Safety measures when using a Vehicle. You have to use the Vehicle safely and take necessary measures to avoid, among other things, accidents and damage to people and property. Such safety measures include, among others, the following:

Not using the Vehicle while carrying any item that may impair your ability to use the Vehicle safely, including, but not limited to, backpacks, bags, briefcases, or packages not suitable in size or weight. Using the Vehicle only by Yourself. To avoid any doubt, you are not allowed to carry a second person, child, or animal on the Vehicle. Never exceeding the maximum weight of 100 kg (kilograms) when using the Vehicle. The maximum weight includes all items that You carry in compliance with this Agreement. Not using any mobile device, including, among others, phones, text messaging devices, multimedia players, or other device(s) while driving the Vehicle that may distract you or prevent you from using the Vehicle safely. If you choose to anchor a mobile device to the Vehicle, including in the hitch for the same purpose, You understand and accept that: (1) you assume your own risk; and (2) Volti will not be responsible for the loss or damage of any mobile device that falls off or detaches from the Vehicle, including the aforementioned hitch. Not using the Vehicle under the influence of alcohol, drugs, medication, or any other substance that may affect your ability to use the Vehicle safely. Wearing a helmet equivalent to or exceeding the international standard, properly sized, fitted, and fastened according to the manufacturer’s instructions, as well as any other appropriate protective equipment when using the Vehicle. Never using the Vehicle for competitions, races, or equivalent events, including professional or non-professional stunts or tricks.

Parking and deactivation of Vehicles.

You are responsible for parking and deactivating the Vehicle when you have finished using it.

The Vehicle must be parked and deactivated in permitted areas, i.e., the Vehicle cannot be parked or deactivated in No Parking Zones, on private property, in a closed/non-public area, or in conflict with local traffic regulations and/or other legal regulations. When we consider that a Vehicle has been lost or stolen, the terms of Section 1.7 will apply.

You will not park or deactivate a Vehicle where there is a greater risk that the Vehicle may suffer damage. When deactivated and parked, the Vehicle must be in a visible space.

You undertake to park the Vehicle in accordance with applicable local laws and regulations, and furthermore, at all times you will park the Vehicle with respect for pedestrians, property, and traffic, ensuring at least the following (where permitted by local legislation) (1) the Vehicle is parked on a sidewalk near a wall or in connection with a bicycle stand/parking, (2) the Vehicle is stably parked on its stand or support, and; (3) the Vehicle is not blocking entrances, access ramps, bus stops, pedestrian crossings or in any other way blocking or obstructing similar facilities.

Volti may occasionally offer incentives if You park or temporarily deactivate a Vehicle in Incentivized Parking Zones and/or require that You park or temporarily deactivate in a Mandatory Parking Zone.

You must take a photo of the Vehicle you used in connection with the parking of the same at the end of your trip. The photo must clearly show that You have parked the Vehicle in accordance with this section 1. The photo must clearly show the entire Vehicle and must not be blurry or otherwise unclear. We reserve the right to keep this photo for the purpose of: (1) providing you with incentives as described above, or (2) ensuring that you have parked in accordance with this section 1. Also, for the reasons set out in Our Privacy Policy, when such use of your photo includes the processing of your personal data (i.e., your photo).

If You have parked or deactivated the Vehicle in a No Parking Zone or outside a Use Area, you may not be able to reactivate it again.

Proper use of the services.

You must return the Vehicle to Volti in the same condition in which it was rented and the Vehicle must be fit for immediate use by other users, taking into account normal wear and excluding the low battery level.

You may never manipulate the Volti Application or the Vehicles in any way and for any reason.

You are responsible for any damage suffered by Volti in connection with the use of the Services, when you have not complied with the terms of this Agreement. This includes any indirect loss, such as the loss of Volti’s revenue due to driving without payment, due to manipulation of the Vehicle, as well as the fact that a Vehicle is not fit to be used by other users.

Terms of Use.

You will only use the Services in accordance with this Agreement and for the purposes described herein. You may only use the services for your own consumption purposes, for example, you may not share your Volti-pass with others. You are not allowed to resell or use the Services for commercial purposes. You may not use the Services, nor allow another person to use the Services, for illegal or unethical purposes.

Fair use of the Seasonal Volti Pass. The use of the Seasonal Volti Pass is limited according to the following terms:

(a) The use is limited to 20 minutes per trip. If the use of the Vehicle does not end within this time, You will be charged per minute after having reached the 20 minutes based on the pay-per-trip payment, according to section 2.1, paragraph 1 stated below.

(b) If you exceed ten (10) trips or make a total use equivalent to 200 minutes of use within one day, using the Seasonal Volti Pass, Volti reserves the right to deactivate and suspend your Seasonal Volti Pass and your account. In case of non-compliance with this fair use clause (b), Volti will notify you. After notification, if you continue to breach this fair use clause (b), Volti will deactivate and suspend your Seasonal Volti Pass in accordance with Section 1.10 without prior notice. If Volti proceeds from this moment, You will receive the refund corresponding to the time you have not used a previously acquired Volti Pass.

1.7 Lost or stolen vehicle

You are responsible for deactivating and parking a Vehicle within a Use Area. You may not in any way block or hide the Vehicle unless the Vehicle is activated. If you do not deactivate or park a Vehicle within a Use Area and within the maximum rental period established in the previous Section 1.6, You may be liable for a lost or stolen Vehicle as follows.

Volti has the right to charge you $60 in the event that the Vehicle is considered abandoned, i.e., that the maximum rental period established in the previous Section 1.6 (1 hour) has been exceeded and we cannot detect any attempt to lock the Vehicle or request to end the trip on your part. This amount represents our estimated costs, losses, and expenses to recover the Vehicle and return it to a Use Area, but Volti reserves the right to prove that the damages were actually greater. A Vehicle activated by You may be considered lost or stolen if (1) the GPS unit of the Vehicle is purposely disabled; (2) the Vehicle moves after deactivation and Volti has reason to believe that such movement was not caused by another user or any authorized third party; or (3) other facts and circumstances that imply, in the reasonable opinion of Volti, that a Vehicle has been lost or stolen.

If Volti reasonably considers that a Vehicle has been lost or stolen, Volti is empowered to undertake all necessary actions to recover the Vehicle or, if this is not possible, to receive compensation for the loss of the Vehicle. This includes, without limitation, involving the local police and/or Volti’s insurer, requiring information from You or, if You are guilty of the loss, making You responsible for the damages incurred as a result of the loss.

1.8 Accidents and other incidents

You must inform Volti of any accident, crash, damage, personal injury, theft or loss of the Vehicle, or other similar incidents as soon as possible, according to Section 8 below. In the event of an accident, Volti will appreciate if you try to gather evidence, if possible, for example, by taking photographs or identifying possible witnesses, subject to applicable local legislation (including, among others, data protection legislation).

If an incident involves personal injuries to third parties, property damage or any other damage to third parties, You must report the incident to the local police as soon as possible. This also applies if the Vehicle is stolen while it is activated by You. At the request of Volti, and subject to applicable local legislation, You will provide Volti with any document produced by the local police and cooperate with Volti and/or Volti’s insurer.

Insurance: Volti maintains liability insurance for users while they use a scooter and/or bicycle. The cost of insurance is automatically included in the cost of using the vehicle; there is no option to use a vehicle without insurance. The coverage of Volti’s insurance is subject to the terms, conditions, and limits specified in the corresponding insurance policy. For more information about our insurance policies, please visit here: https://volti.app

1.9 Compliance with local laws and regulations

In addition to the above, You undertake to use the Services at all times in accordance with the laws, regulations, and standards applicable locally. You understand that you are solely responsible for any violation of laws, regulations, and standards in connection with your use of the Services.

1.10 Indemnification, damages and losses, deactivation/suspension of your account, and fees

We reserve the right at all times to charge you $600 when you have breached this section. If the damages suffered by Volti exceed $600, Volti reserves the right to claim damages for the losses incurred. In addition to the above, You understand that any fee, fine, or other payment imposed on Volti or any damage suffered by Volti as a result of a breach on your part of this section will be compensated by You to Volti.

We reserve the right at all times to deactivate or suspend your account and your Volti Pass, if applicable, or to limit your use of the Services when we have reason to believe that you have breached the terms of this section, or if your use of the Service differs significantly from a normal usage pattern. In the event of repeated breaches of the fair use of the Services, according to section 1.6, Volti reserves the right to notify you and block your account or limit your use of the Services with immediate effect.

You acknowledge that you are responsible for your driving and that you will not be able to claim compensation from us for damages and losses caused as a result of the breach of your obligations under this Agreement.

PAYMENTS AND CREDITS

2.1 Prices and Fees

The rental of the Vehicle is carried out based on: (1) a pay-per-trip payment method, (2) after having acquired a Volti Pass or (3) according to the current prices established in the Volti Application.

In each case, prices, fees, and other possible charges may be subject to applicable taxes and other local government charges, which may be charged and collected by Volti. In any case, you must check the prices, fees, and other possible charges in the Volti Application each time you activate a Vehicle.

Volti reserves the right to withhold $0.30 directly from your payment or credit card in connection with your use of the Vehicles, when you create your account and when you add a new payment method. This reserved amount will be used to pay for your trip in connection with which you were charged or for the next trip after creating your account or adding a new payment method. If the entire amount is not used for your next trip, the reserved amount will be released immediately after the trip. You understand that the release of such withheld amount may take certain business days due to the processing of banks and/or other third parties.

All prices and all monetary values established in this agreement are referenced in US dollars USD $.

2.2 Discounts and promotional codes

Promotional codes (discounts) are one-time offers and can only be redeemed through the Volti Application. Discounts may be limited to one per customer and account and cannot be combined with other offers. Discounts are non-transferable and cannot be resold or refunded. Discounts and promotional codes cannot be used when using a Volti Pass.

2.3 Payment methods and disputes

You must provide Volti with the information and details of a valid credit or debit card or other payment method, such as mobile payment, in order to register to use the Services in the Volti Application. You confirm that you are authorized to use any credit or debit card or payment information you provide. You authorize Volti to charge the credit or debit card provided or another agreed payment method for the fees described in this Agreement or in the Application in which you have incurred in connection with your use of the Services.

You undertake to inform Volti without any undue delay of all changes related to the credit card or debit card you have provided to Volti.

Payments to Volti may be made through third-party payment processors. We are not responsible for the payment process or for the charges requested by such third parties.

To challenge any fee or amount charged by Volti, you must contact Volti within a reasonable time from the date of the disputed charge and provide Volti with any information you consider necessary, such as the date of the trip, date of purchase or renewal of a Volti Pass, and the approximate start and end times. Volti asks you to contact our customer service team according to section 8 stated below.

2.4 Outstanding payments

Any outstanding payment for the use of the Vehicles or any fee charged based on this Agreement will be made by Us using the payment method described in Section 2.3. However, if such payment cannot be made for a reason that is under your control (incorrect credit card number, change of credit card without notification, or similar), Volti will inform you and set a deadline to rectify the situation. Until then, Volti has the right to suspend any rental of the Vehicles. If Volti has not received information about a reliable payment method within two weeks, Volti may terminate this Agreement and restrict or block your access to the Services.

2.5 Current prices and deactivation of your account

All fees established in this Section 2 and/or indicated in the Volti Application are subject to change, without prejudice to your right to terminate the Agreement according to Section 6. The price may change during the activation to deactivation period if You travel during those times when a different price begins to apply (such as before and after midnight). You must check the applicable fees in the Volti Application before activating a Vehicle.

2.6 Duration and termination of a Volti Pass

Your Volti Pass will begin at the time when Volti receives payment for the Volti Pass and will end (1) in the case of a subscription-based period, on the last day of the applicable subscription period, provided that You or Volti have canceled the subscription during the corresponding subscription period, and; (2) in the case of a fixed use period, when the corresponding period ends. To terminate a subscription period, Volti asks you to contact Volti according to section 8.

Both Volti and You have the right to cancel a Volti Pass for the subscription-based period at any time without having to disclose any specific reason, however, subject to the notice period established in this section (i) above and in the Volti Application.

2.7 Discounts and promotional codes

We offer special promotional codes to users to provide them with discounts on trips (“Voltios”). To apply the Voltios to the fare of a trip, enter the corresponding promotional code at any time before your trip begins. In order to use a promotional code, you must have added a payment method.

Promotional codes are entered in the Volti Application by selecting “Free Rides” in the menu and then “Redeem Code”. To check your Voltios balance, select “Profile” and then “Voltios”.

The Voltios will be used by default, so if you have a free ride in your account, this will automatically be your next trip. If all the Voltios are used during a trip, you will have to pay the remaining part of the trip. If a promotional code has an expiration date, it must be used before that date. Codes cannot be extended or renewed.

The Voltios are one-time offers and can only be redeemed through the Volti Application. Volti reserves the right to modify or cancel the discounts not yet redeemed through the corresponding promotional code at any time and without prior notice. The Voltios may be limited to one per customer and account and cannot be combined with other offers. Discounts are non-transferable and cannot be resold or refunded.

You can share your personal invitation code with your friends and earn credits. To do so, select “Free Rides” in the Volti Application, where you will find your personal invitation code. You can share Your personal invitation code by tapping “Send Code” and selecting one of the available options. These options may be, for example, text, email, sharing on social networks, or copying Your personal invitation code.

When a friend completes their first trip with Volti after using Your personal invitation code, your account will automatically receive Voltios.

Personal invitation codes should only be used for personal and non-commercial purposes. This means you can share your invitation link with your personal connections (i.e., people you know) through social networks, provided you are the main owner of the content. Public distribution on sites where you are a contributor but not the main owner of the content is not allowed. Promotion of your invitation code through search engines (e.g., AdWords, Facebook, etc.) is also not allowed.

Invitation codes shared are only applicable to the first trip of an invited user and are not intended for existing users. Existing users who attempt to take advantage of the referral program may have their referral promotions deactivated.

2.9 Revocation of credits and deactivation of accounts

Volti reserves the right to suspend user accounts and revoke referral promotions that violate these conditions.

We reserve the right at all times to deactivate your account when you have not paid or have otherwise breached this Section 2.

LIMITATION OF LIABILITY AND ASSUMPTION OF RISK; FORCE MAJEURE

3.1 Limitation of liability

3.1.1 Nothing in this Agreement excludes or limits our liability for death or personal injury resulting from our negligence or the negligence of our employees, agents, or subcontractors, fraudulent misrepresentation, or any other liability that cannot be excluded or limited by applicable legislation.

3.1.2 However, we are not responsible for:

(1) any loss that was not foreseeable to You and to us when you accepted this Agreement or when you subsequently used a Vehicle;

(2) Any business loss, including without limitation: (a) loss of profits; (b) loss of business; (c) loss of business interruption; or (d) loss of business opportunity;

(3) any loss and/or damage suffered by You as a result of your breach of this Agreement or any event beyond the control of Volti (including any inconvenience, anxiety, or loss of enjoyment arising from the unavailability of the Vehicles or the use of the same in contravention of these terms).

3.1.3 In the event that Volti is considered liable to You (taking into account the above exclusions), our liability shall be limited to that established in this contract.

3.2 Force Majeure

Volti shall not be liable to You for any failure or delay in the performance of its obligations under this Agreement due to any event, circumstance, or non-event beyond the control of Volti, which could not have been foreseen by Volti when this Agreement was entered into or which, having been foreseen, was unavoidable (without limitation), fire, flood, extreme weather, pandemic or epidemic, strikes, lockouts or lack of operational resources or raw materials.

INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS

4.1 Volti’s Rights

All texts, images, photographs, sound recordings, videos, copyright, trademarks, trade names, logos, and other intellectual or industrial property rights owned or used by Volti, as well as those present in the Volti Application or on the Web (including titles, graphics, icons, scripts, source codes, etc.) are the property of Volti or its third-party licensors and may not be reproduced, distributed, retransmitted, broadcasted, sold, used, modified, copied, limited or used (in whole or in part) without prior written authorization.

4.2 Respect for Volti’s property

You must not manipulate, attempt unauthorized access, modify, hack, repair, or otherwise adjust any material or hardware of Volti, source codes, information, including the Volti Application, the Web and the Vehicle, for any purpose. The Volti Application, Web, and the Vehicles may only be used for the purposes intended in this Agreement.

4.3 Respect for Volti’s intellectual and industrial property

You agree that the Services and other information, including all associated intellectual and/or industrial property rights, provided and made available by Volti, at all times, remain the exclusive property of Volti and You may not use in any way Volti’s exclusive property for commercial or any other purposes without the prior written consent of Volti.

PRIVACY

Your data will be processed by Volti C.A, hereinafter Volti, as the data controller for the purpose of maintaining, fulfilling, developing, monitoring, and executing this Agreement and carrying out the provision of the Services. The legal basis for the processing is the execution of the contractual relationship.

You have the right to exercise the rights of access, rectification, deletion, opposition to processing, profiling and/or automated decisions, limitation of processing, and, where applicable, data portability, by writing to the following email address: [email protected]. You also have the right to file a complaint with the competent authority. You can obtain more information about how Volti processes your personal data through: www.volti.app

VALIDITY AND TERMINATION

This Agreement will enter into force between you and Volti: (1) from the first time you use the services provided by Volti; (2) in the case of a Volti Pass, the first time you acquire a Volti Pass, and will remain in force while neither You nor Volti terminate the Agreement.

Both You and Volti may terminate this Agreement at any time, however, any ongoing rental will be carried out in accordance with this Agreement. The obligations arising from any breach of the Agreement during the term of this Agreement will not be affected by its termination.

DISPUTES

Any and all disputes related to this agreement shall be submitted in writing to the contact address provided in clause 8.

CONTACT

You can contact Volti via email at [email protected], by phone or by postal mail at the address: Volti by Volti C.A, Caracas Venezuela

Users have at their disposal in physical and digital format, complaint and claim forms, which they may request by phone, at the aforementioned email, or at the following postal address:

Phone: +58 212 541 2028 Email: [email protected] Postal address: Volti by Volti C.A, Caracas Venezuela: Avenida Luis Roche Building Helena Floor 3 Office. 33 Urbanization Altamira, Municipality Chacao, Caracas, Venezuela

This Agreement shall be governed by and interpreted in accordance with the laws of the Bolivarian Republic of Venezuela. All disputes, claims, and causes of action arising from this Agreement or the Services, or related thereto, shall be exclusively resolved by the court located in the city of Caracas.

Please also note that disputes may also be brought before the competent ordinary courts.

ENTIRE AGREEMENT AND MODIFICATIONS

This Agreement contains the entire, complete, and exclusive contract between the parties with respect to its subject matter. This agreement supersedes all other previous agreements, written or oral, related to the subject matter of this agreement.

In the event that Volti intends to modify the terms of this Agreement, it will notify you with reasonable notice of such modifications by email or through the Volti Application. If: (1) You do not object to such modifications within a month from the notification of the changes; or (2) you subsequently use the Services after such notification, the proposed modifications will be considered accepted by You. Volti will expressly establish this at the time of such notification. New versions of the Agreement will also be available in the Volti Application and on the Web.

Therefore, it is recommended to print and save outdated versions of this term.

RIGHT OF WITHDRAWAL

Although this Agreement is qualified as a contract concluded at a distance (concluded electronically without You and Volti being physically present), please note that You have no right of withdrawal after you have started a trip. Each trip begins with your prior and express consent, and Volti has fulfilled its obligations under the Agreement.

In the case of the Volti Pass, You have the right of withdrawal within 14 days following the purchase of the Volti Pass. You can exercise your right of withdrawal by sending us a notification according to section 8. You can also use the withdrawal form available here: [email protected]

Volti will refund you the amount you have paid for the Volti Pass without any undue delay and no later than within 14 days from the notification to Volti.

Volti will use the same payment method that You used when purchasing the Volti Pass. Volti has the right to deduct an amount equivalent to the use you have made of the Volti Pass before your withdrawal.

REGIONAL RULES AND REQUIREMENTS APPLICABLE TO USERS IN THE CITY OF CARACAS

If you are a user located in the city of Caracas, the following provisions and rules will be directly applicable to your use of the Vehicles under the Ordinance of Law

To be able to use the Vehicles in Caracas, you must be at least 18 years old. If you are at least 15 years old, you may use the Vehicles provided your legal representative authorizes it and must circulate exclusively through bike lanes, be accompanied and authorized by an adult, and wear a protective helmet. You may only use the Vehicle for yourself. For the avoidance of doubt, you are not allowed to carry a second person, child/boy or girl, or animal on the Vehicle.

You have the right to drive the Vehicle through bike lanes with a maximum speed of 15 Km/h. If bike lanes are shared with pedestrians, the maximum speed will be 10 Km/h. However, it is explicitly prohibited to circulate with the Vehicle on sidewalks, pedestrian areas or roads, except if these areas are (1) considered as Zone 20 or 30 or (2) are one-way streets with a maximum allowed speed of 25 Km/h and (3) provided that there is no bike lane in these areas and you circulate in the middle of the road. In this regard, in areas declared as Zone 25, the speed of 25 km/h must not be exceeded in any case.

You will always respect the right of way of pedestrians in the areas determined for that purpose, and especially in shared routes, where pedestrians always have priority, as well as the general signage and traffic, circulation, and road safety rules expressly established for that purpose by the traffic road safety authorities. The use of the vehicle’s lighting during the night and in any other situation where the circumstances make it necessary is mandatory.

It is prohibited to drive vehicles using headphones, as well as mobile phones or any other means or communication system. It is also explicitly prohibited to drive vehicles exceeding the permitted alcohol rate or having ingested any drug.

Parking of Vehicles on sidewalks and public roads in the city of Caracas is prohibited, except in those spaces expressly enabled for this purpose. In no case may the Vehicle be tied or moored to urban elements such as trees, traffic signs, or bicycle parking.