1. INTRODUCTION 

This Contract governs:

• the use of the Service, and 
• Any other agreement related to the Service, or contractual relationship with the Borrower.  

Expressions beginning with a capital letter will have the meaning given to them in Article 2 ("Definitions"). 

The User is required to read this Agreement carefully. Knowledge of the Contract will be presumed to have occurred with the acceptance of the same by the User. Before starting the rental of the Vehicle, the User is obliged to read the operating instructions that can be consulted through the App.  

Although the contractual relationship regarding the Services involves only Borrower and User, User expressly agrees and acknowledges that if the Services are rendered through Apple's App Store, Apple may enforce the provisions of this Agreement in lieu of Borrower. 

Unless otherwise specified, all content available on the App is owned or provided by the Lender or its licensors. In the event that the User accesses external resources provided by third parties, the User acknowledges and agrees that the Lender has no control over such resources and therefore cannot be held responsible for their content and availability. Borrower's e-mail address: support@vaimoo.app 

2. DEFINITIONS 

For the purposes of this contract, shall mean, including plural: 

Electric bicycle: a pedal-assisted bicycle whose human propulsive action is supplemented by that of a pedal-activated auxiliary electric motor, with continuous rated power not exceeding 0.25 KW and with power supply progressively reduced and finally cut off when the vehicle reaches 25 km/h, or sooner if the rider stops pedaling.   

Muscle bike: bicycle moved mainly but not exclusively by human-produced motive power, to which is added little pedaling assistance. 

Traditional bicycle: bicycle moved solely by the driving force produced by human beings. Contract: the contract of adherence to the Service concluded with the User, consisting of these terms and conditions of use. 

Lender: Vaimoo S.r.l., with registered office at Via San Sabino 21, 70042 - Mola di Bari, Bari, Italy.

Service: the service realized through a bike share system, including: 

1. mobile application ("App") and the related website; 
2. Rental of Vehicles;
3. all related equipment that may be provided, maintenance, charging of Vehicles, information provided or made available by the Borrower. 

Stations: the physical stations intended for housing Vehicles. 

Virtual Stations: the areas where Vehicles are housed, identified by appropriate horizontal and vertical signs, which can be consulted on the App and the website. 

User: the person of legal age who signs the Contract.  

Vehicles: all types of bicycles, electric and conventional, jointly considered. 

3. OBJECT OF SERVICE 

3.1 The Service is licensed to the Borrower for the purpose of allowing the User access to the Vehicles. 

3.2 The Service allows the User to pick up the Vehicles at one of the Stations or Virtual Stations, for use in accordance with the provisions of this Contract, with the obligation to return them within the maximum period agreed upon ahead and the option of redelivery at a Station or Virtual Station also different from the one of pick-up. 

4. USING THE APP 

4.1.1 To use the Service, Users must register and create an account, providing all requested data or information completely and truthfully. Otherwise, the Service will not be available. 

4.1.2 Users are required to keep their account login credentials confidential and secure. For this reason, Users are also required to choose passwords that meet the highest security standards guaranteed by the Borrower. 

4.1.3 By registering, Users agree to be fully responsible for all activities that are performed upon accessing their account. 

4.1.4 Users are required to notify Borrower without delay, via the contact information provided herein, of any breach of their personal information, including but not limited to user accounts, login credentials, or personal data. 

4.2 Conditions for account registration 

4.2.1 Registration of User accounts through the App is subject to the conditions described below. By registering, Users agree to comply with these conditions.

4.2.2 Registration of accounts via bots or other automated methods is not permitted. 

4.2.3 Unless otherwise specified, each User must register only one account.

4.2.4 Unless explicitly permitted, the User's account is personal and cannot be shared with other people. 

4.3 Account termination (withdrawal) 

4.3.1 Users may terminate this Agreement by closing their account and stop using the Service at any time by proceeding as follows: 

• Using the tools provided for account closure via App. 
• Contacting the Borrower directly at the contact information provided in this Agreement.

4.3.2 In any case, termination of the account will not be allowed until the expiration of the subscription period paid by the User. 

4.4 Account suspension and deletion 

4.4.1 Borrower reserves the right, in its sole discretion, to terminate this Agreement by suspending or deleting at any time and without notice any User accounts that it deems inappropriate, offensive, or registered in violation of the provisions of this Agreement or the laws in effect from time to time. 

4.4.2 Suspension or deletion of accounts shall not entitle Borrower to any claim, damages or reimbursement of Users. 

4.4.3 Suspension or deletion of accounts for reasons attributable to the User shall not relieve the User from payment of any applicable fees or prices. 

4.5 Acceptable use of the App 

4.5.1 The User undertakes to use the Service in compliance with the provisions of this Agreement and the laws in force from time to time, and therefore shall be solely responsible for any violation thereof and for any infringement of the rights of third parties. 

4.5.2 The Borrower reserves the right to take any appropriate measures to protect its legitimate interests, including denying Users access to the Service or App, terminating contracts, reporting to the relevant authorities - such as judicial or administrative authorities - any misconduct carried out through the Service or App, whenever it is suspected that Users are violating laws, regulations, third party rights and/or the terms of this Agreement, including but not limited to performing any of the following activities: 

Restrictions 

• Pretend to meet any possible conditions or requirements for accessing the App and/or using the Services, such as being of legal age or qualifying as a consumer; 
• concealing one's identity or stealing someone else's identity or pretending to be or represent a third party, unless authorized by that third party; 
• Manipulate identifiers to disguise or otherwise conceal the origin of one's messages or published content; 
• Defame, abuse, harass, use threatening practices, threaten or violate the legal rights of others, in any other way; 
• promote activities that may endanger the life of the User or any other User or third party or cause physical harm to them. This includes, but is not limited to, threats or incitement to suicide, intentional physical trauma, illegal drug use, or excessive alcohol consumption. Under no circumstances may a User post content on the App that promotes and/or encourages and/or displays self-destructive or violent behavior; 
• probe, scan, or test the vulnerability of the App, including the services or any network connected to the website, nor breach security or authentication measures on the App, including the services or any network connected to the App; 
• Installing, embedding, uploading or otherwise embedding any malware in or via App; 
• Use the App or technical infrastructure in an abusive, excessive, or otherwise inappropriate manner (e.g., for spamming purposes); 
• Attempt to disrupt or tamper with the technical infrastructure so as to unduly damage or burden the Borrower or the Service; 
• adopt any automated process to unduly extract or collect information, data, and/or content from the App and all digital properties related to it, unless explicitly permitted by the Borrower;

User Protection

• Misappropriation of any account in use by another User; 
• Collect or harvest personally identifiable information from other Users, including but not limited to their email addresses or contact information, by circumventing the privacy settings of other Users' accounts on the App or by any other means; 
• Use any information about other Users, including personal or contact information, for purposes other than those for which the App is intended; 

Restrictions on commercial use 

• Register or use the App to promote, sell or advertise products or services of any kind in any way; 
• Indicate or attempt to imply in any way that a User is in a qualified relationship with the Borrower or that the Borrower has favored the User, the User's products or services, or the products and services of a third party for any purpose. 

5 USE OF VEHICLES  

5.1 Obligations of the User 

5.1.1 The User declares under his/her own responsibility that he/she personally and exclusively makes use of the Vehicle Rental Service, and that he/she is familiar with the contents of this Agreement, the relevant regulations in force from time to time, as well as the Highway Code. By agreeing to prevent third parties from using the Service by making use of the rented Vehicles through his account, the User acknowledges that he is expressly prohibited from (i) granting third parties the use, even temporarily, of the Vehicles so rented, as well as (ii) granting third parties access to the App with his credentials for the purpose of renting Vehicles. Therefore, the User agrees to indemnify and hold harmless the Lender from any liability, damage to third parties, claims or demands by third parties for damages to property and/or persons, resulting from the use of the Vehicles in violation of this Article. 

5.1.2 Registration for the Service is done by registering personal data in the appropriate section of the App, resulting in the creation of a personal account. The use of the Vehicles is expressly prohibited by this Contract to minors under 18 years of age except in the Municipality of Castrovillari (CS) where it is also allowed to those who have turned 16 years of age. The User who uses the Vehicle rental service, under his/her own responsibility, declares that he/she is at least 18 years old or, for the User who uses the Vehicle rental service in the Municipality of Castrovillari (CS), that he/she is at least 16 years old. The violation of this article entails the inoperability of the insurance coverage for civil liability contracted by the Borrower, with the consequent right of recourse of the insurance company against the driver/user of the Vehicle and/or the exerciser of parental authority/responsibility over the minor, of what it is required to pay in favor of third parties, including other Users, and/or the Borrower. In any case, the Borrower shall be released from any liability for damages to property and persons resulting from the use of the Vehicle in violation of this article, and the User agrees to indemnify and hold harmless the Borrower from any damage, claim or demand by third parties for damages to property and/or persons, resulting from the use of the Vehicles in violation of this article. 

5.1.3 The User expressly agrees to use the rented Vehicles in accordance with the provisions of the law, regulations, and/or municipal ordinances and resolutions that from time to time stipulate the manner of use, traffic limits, and parking arrangements for the Vehicles. 

5.1.4 The areas in which the circulation of Vehicles is allowed and their housing at the end of the ride, are defined by the Borrower in compliance with the provisions referred to in Article 5.1.3 above and with the regulations, including municipal regulations (areas that can be consulted at the link published on the website https://bari.vaimoo.app, scrolling down to the icon of the relevant Municipality), which the User declares to know and undertakes to respect. The Borrower reserves the right to change the areas of delivery of the Service, without the User being able to raise objections or exceptions and without the User being able to request the withdrawal from active packages or subscriptions and the reimbursement of the price. The User is therefore obliged to check which specific areas of circulation are permitted in the relevant Municipality, without prejudice in any case to the prohibition of circulation in the preferential lanes reserved for cabs and/or public transport, as well as to check through the App the availability of parking spaces at the (Virtual) Station where the User intends to lodge the Vehicle at the end of the rental period. The individual housing of the (Virtual) Stations, marked by white stripes, can only accommodate one Vehicle at a time; therefore, the User acknowledges and accepts that Vehicles cannot be parked, and consequently the rental cannot be terminated, if all the housing at the identified (Virtual) Station is already occupied. In this eventuality, the User will be required to continue the rental until the next (Virtual) Station with vacant bays. 

5.1.5 During the rental, the User may temporarily suspend the ride by selecting the "Pause" button. In this mode, the User may also park the Vehicle outside the (Virtual) Stations, as long as it is within the areas where circulation, stopping and parking is permitted in accordance with Article 5.1.4 above. The User expressly acknowledges and agrees that the "Pause" mode does not suspend the running time of the Vehicle, and that, therefore, the applicable fares based on the duration of the ride will be equally charged even when the Vehicle is parked in "Pause" mode. 

5.1.6 Under no circumstances may Vehicles be placed or parked in such a way as to prevent Borrower from accessing them or otherwise in areas that constitute private property; likewise, they may not be loaded onto private or public vehicles. In case of violation of this article, the Lender reserves, in its sole discretion, the right to charge a penalty for recovery and loss resulting from the inability to access the Vehicle and rent the same to other Users, amounting to €100 per violation. 

5.1.7 The User agrees and declares to: 1) not to transport people or animals on the Vehicles, nor to carry out any form of towing; 2) not to carry, while using the Vehicles, bags, suitcases, envelopes, or any other encumbrances that may pose an obstacle to the proper and safe use of the Vehicles; 3) not to use the Vehicles for competitions of any kind, excursions on unpaved routes and not to perform stunts with the Vehicles (by way of example only, it is strictly forbidden to perform wheelies, jumps, braking on the front wheel, etc.) 4) not to use any electronic devices, nor play music, with or without earphones, such as to distract the User from safe driving; 5) not to operate the Vehicles under the influence of alcohol, drugs, medications and/or any other substance likely to disrupt the User's driving abilities; 6) not to use locking mechanisms other than those identified by the Borrower 7) not to alter or modify the structure of the Vehicles and their operation and protection systems by disassembling or attempting to disassemble, repairing or attempting to repair the Vehicle, nor by affixing to the Vehicle signs of any kind, drawings, adhesive stickers, or any other soiling that may alter the appearance of the Vehicles; 8) not to park the Vehicle in a manner different from what is indicated in Article 5 above.1.4 of this section. In case of violation of the provisions regarding the parking of the Vehicles at the end of the ride and the parking regulations referred to in number 8), the Borrower reserves the right to apply to the User a penalty in the amount of € 10.00 per dissimilar parking and/or invalid end-ofhire photo and to charge back to the User, on the means of payment indicated by the same during registration, which he/she accepts as of now, the amount paid as a penalty, fine and any other cost incurred for the custody and recovery of the Vehicle from third parties. In the event of violation of the provisions of numbers 1), 2), 3), 4), 5), 6), 7), the Lender reserves the right to charge the User, who agrees as of now, a sum of € 250.00, without prejudice to the right of the Lender to discretely suspend the User's account, following repeated violations. In the event that the Vehicle is damaged as a result of the violation of the provisions of numbers 1), 2), 3), 4), 5), 6), 7), the Borrower reserves the right to additionally charge the User the penalty referred to in Article 5.1.12 below.

5.1.8 The User is allowed to use the basket mounted on the Vehicles only for carrying light loads (max 10 kg). It is not allowed to use the basket/package rack improperly, i.e. to transport people or animals, as well as to transport any content that may compromise the safety of driving, obstructing the visibility of the route to the User or preventing him from driving properly. However, it remains the User's sole responsibility for any direct or indirect consequences that the items loaded in the basket may have as a result of theft, damage, scraping, falling to the ground, or loss.

5.1.9 Any action taken by the User in violation of Articles 5.1.7 and 5.1.8 above shall constitute grounds for inoperability of the insurance coverage for civil liability contracted by the Borrower, resulting in the right of recourse of the Insurance Company against the User, without prejudice to the right of the Borrower to take action against the User for compensation for damages, subject to quantification where no penalty is already provided for. 

5.1.10 The User agrees to report without delay to the Lender any accident, incident, collision, damage, personal injury, in order to allow for a timely verification of the condition of the Vehicle and to ascertain the presence of any faults and/or malfunctions. If a collision occurs involving personal injury or property damage or if the Vehicle is stolen, the User agrees to notify the Lender and law enforcement immediately. Failure of the User to report an accident and/or theft may affect the operation of the insurance coverage. 

5.1.11 The charge of the Electric Bicycles decreases with use, varying with weather conditions and the state of the road surface. The User acknowledges and agrees that the Vehicles may not always be available, or, in the case of Electric Bicycles that require periodic recharging of the batteries, that the percentage of charge remaining may be insufficient to complete the ride, and that therefore the Vehicle may shut down and stop operating before the User has reached the destination. In the event that the Electric Bicycles stop operating in an area not designated for the housing of Vehicles, the User agrees to drive the Vehicle by hand to the nearest Virtual Station. Therefore, it is the full responsibility of the User to check the charge level of the Electric Bicycles and decide whether to start the rental, it being understood that the Lender does not guarantee the distance and/or time for which the Electric Bicycles will be available. 

5.1.12 The User agrees to return the Vehicles in the same condition in which the rental was initiated, agreeing to be liable for any damage caused to any Vehicle that has been damaged as a result of the violation of one or more of the provisions of this section ("Vandalism"). In the event that the User engages in Vandalism, the User shall be obligated to pay the Lender a penalty of € 1,500.00 per Vehicle, unless the violation was due to force majeure. 

5.1.13 The User agrees to indemnify and hold harmless the Borrower from any administrative fines imposed during the use of the Vehicles for violations of the provisions of the Highway Code and/or its Enforcement Regulations. 

5.1.14 In the event that the User fails to return the Vehicle after 24 hours from the start of the rental period, the User will be charged a penalty of € 24.00 for each day of delay, until the occurrence of the first of the following events: (i) the date on which the User actually returns the Vehicle, or (ii) the date on which Vaimoo independently retrieves the Vehicle. The Lender reserves the right to directly deduct from the User's virtual wallet, if capacious, the amounts referred to in the penalty. 

5.1.15 The User agrees and acknowledges that the Borrower may discretionarily reserve the right to temporarily suspend the Service for security reasons or in order to perform maintenance and/or repair work on the Vehicles and updates to the App. The User waives any disputes and/or exceptions with respect to such temporary suspensions. It is understood that the temporary suspensions referred to in this article do not give the User the right to claim reimbursement of active subscriptions. 

5.1.16 It is prohibited to register or use the App or Services to promote, sell, advertise, or provide products or services of any kind in any way, including but not limited to delivery services, transportation of goods, or any other commercial or professional activity, including delivery services (including food delivery). 

5.2 Vehicle Safety 

5.2.1 The User is obliged to check the state and condition of the Vehicles before starting the rental, undertaking not to start the rental if they present obvious anomalies and/or faults, such as to render them unfit for the purpose, and to promptly notify the Lender's customer service. In the event that a cell phone holder is mounted on the Vehicles, the User undertakes to check its solidity before use, holding the Lender harmless from any damage that the devices positioned therein may present as a result of falling to the ground, scraping, and any other direct and indirect damage resulting from the use of this accessory. 

5.2.2 In the event that the User encounters anomalies and/or failures to the Vehicle during the rental, the User agrees to release it immediately and promptly notify the Borrower's customer service department.

5.2.3 The User, depending on the conditions under which he/she will drive the Vehicles, acknowledges that it may be necessary to take additional and different precautions than those specified in this Agreement, such as in the case of adverse weather conditions, rough road surfaces, traffic, and any other adverse conditions beyond the control of the Lender. Any personal injuries sustained as a result of the aforementioned conditions not dependent on the condition of the Vehicles shall in no way be the responsibility of the Borrower. 

5.2.4 The User is obliged to drive the Vehicles with diligence, and only if able to drive, under penalty of exclusion of insurance coverage for liability contracted by the Borrower. 

6. RATES AND SUBSCRIPTIONS 

6.1 Prices 

6.1.1 It is possible to use the Electric Devices by subscribing to a subscription of your choice from those available, to which a cost related to the time of use of the system will be added, according to the payment plans described in the App, and below. It should be noted that the rental price of the Vehicles differs depending on whether it is a Traditional Bike or a Muscle Bike or an Electric Bike.   

6.1.2 Rates shall provide for the payment of a fixed amount for each half hour of use of the Vehicle. The rates are charged in full for each half-hour of use or fraction thereof, at the start of the rental for the first half-hour of use, and at the stroke of each half-hour following the first, and are not divisible in the event that the rental is of less than thirty minutes' duration (example: subject to the prior subscription of one of the subscriptions of your choice, if the User rents a Vehicle for 40 minutes, he/she will be charged for the first 2 half-hour slots). 

6.1.3 The User agrees and acknowledges that the rates may be subject to change, by the Lender in accordance with Article 8 "Changes to this contract". The amount that will be charged shall be inclusive of VAT. The costs of subscriptions and fares vary depending on the city where the bike share service is used and can be found at the following link: VAIMOO service subscriptions and rates.

6.2 Purchasing Process 

6.2.1 In case the User wishes to purchase a subscription, the purchase process includes the following steps: 

1. The User must select the desired one and verify the purchase selection; 

2. After reviewing the information displayed in the purchase selection, the User can place the order by submitting it.
   

6.2.2 The amount corresponding to that due according to the duration of the rental and the type of Vehicle rented will be charged directly to the means of payment selected by the User from those available, as set forth in the Pricing section. 

6.3 Sending the order

6.3.1 When the User submits an order, the following applies: 

• Submission of an order results in the conclusion of the contract and thus the User's obligation to pay the price, taxes, and any additional charges as specified on the order page; 
• In the event that the subscription requires an active contribution from the User, such as the provision of information or personal data, specifications or special wishes, the submission of the order entails the obligation for the User to cooperate accordingly; 
• When the order is submitted, the User will receive a receipt confirming that the order has been received. 

6.3.2 All notifications regarding the described purchase process will be sent to the email address provided by the User for this purpose. 

6.4 Offers and discounts 

6.4.1 The Borrower may offer discounts or provide special offers for the purchase of subscriptions. Such offers or discounts will always be subject to the eligibility criteria and terms and conditions set forth in the corresponding section of the App. 

6.4.2 Offers and discounts are always granted at the sole discretion of the Borrower. 

6.4.3 Repeated or recurring offers or discounts do not create any claim/title or right that Users may assert in the future. 

6.4.4 As the case may be, discounts or offers will be valid only for a limited time or while stocks last.

6.5 Discount coupons 

6.5.1 Offers or discounts may be based on coupons. 

6.5.2 In the event of a breach of the conditions applicable to the coupons, the Borrower may lawfully refuse to perform its contractual obligations and expressly reserves the right to take appropriate legal action to protect its rights and interests.

6.5.3 Notwithstanding the following provisions, additional or divergent rules applicable to the use of the coupon displayed on the corresponding information page or on the coupon itself shall always prevail. 

6.5.4 Unless otherwise specified, these rules apply to the use of coupons: 

• Each coupon is valid only if used in the manner and within the timeframe indicated on the App and/or website and/or Coupon; 
• A coupon can only be applied, in its entirety, at the time of purchase - partial use is not allowed; 
• Unless otherwise specified, single-use coupons can be used only once per purchase and therefore can be applied only once even in the case of installment purchases; 
• A coupon cannot be applied cumulatively; 
• The coupon must be used only within the time specified in the offer. After this period, the coupon will automatically expire, precluding the User from asserting any related rights, including cash-out; 
• The User is not entitled to any credit/refund/compensation in case of difference between the coupon value and the redeemed value; 
• The coupon is intended for non-commercial use only. Reproduction, counterfeiting and trading of the coupon, as well as any illegal activity related to the purchase and/or use of the coupon is strictly prohibited. 

6.6 Payment Methods 

6.6.1 Information about accepted payment methods will be made available to the User during the purchase process. 

6.6.2 Some payment methods may be available only with additional conditions or fees. In these cases, the relevant information is available in the dedicated section of the App. 

6.6.3 All payments are processed independently through third-party services. Therefore, the Borrower does not collect any payment information, such as credit card information, but only receives a notification when the payment has been successfully completed. 

6.6.4 If a payment through the available methods fails or is rejected by the payment service provider, the Borrower shall have no obligation to execute the purchase order. Any costs or fees resulting from the failed or rejected payment will be borne by the User. 

6.7 Right of Withdrawal 

6.7.1 To purchases made through the App, the discipline of the right of withdrawal provided by the Consumer Code applies. Therefore, the User has the right to withdraw from the Contract within 14 days without having to provide any explanation and without incurring any costs in addition to those provided for in art. 56, paragraph 2 and 57 of the Consumer  Code (i.e., Legislative Decree September 6, 2005, no. 206). However, the User expressly acknowledges and agrees that, in the case of a subscription purchase, if the Vehicles are used before the expiration of the 14 days provided by law to exercise withdrawal, this right will be lost (and with it also the right to reimbursement of the price), according to Article 59, paragraph 1, letter a) of the Consumer Code. If the subscription or package is cancelled before use (and within the 14-day period) you will receive a full refund of the fees paid for the subscription. To exercise the right of withdrawal, you must forward an email to support@vaimoo.app clearly and expressly stating that you wish to withdraw from the Contract. To exercise the right of withdrawal, the User may avail the form in Annex A (which is not, however, mandatory). Refunds are made using the same method originally used by the User to make the purchase. 

6.7.2 The Borrower reserves the right to terminate the contract at any time, to block and/or suspend and/or order the deletion of the User's account, in case of behavior that does not comply with the Highway Code and state and municipal regulations on the movement of velocipedes. 

7. LIMITATIONS OF LIABILITY OF THE LENDER 

7.1 Unless expressly stated otherwise and without prejudice to the mandatory rights of Users provided by law , Users shall not be entitled to claim damages from the Borrower (or any natural or legal person acting on its behalf), unless the damages are caused by the Borrower's willful misconduct or gross negligence. 

7.2 The limitation of liability referred to in Article 7.1 above shall not apply to damages resulting from the breach of an essential contractual obligation on the Borrower, committed with intent or gross negligence, provided that the Service has been used properly and correctly by the User. 

7.3 Unless the damages are attributable to the Borrower and caused by willful misconduct or gross negligence, the Borrower shall be liable only to the extent of the damages that are typical and foreseeable at the time of entering into the Agreement. In particular, to the extent set forth above, Borrower shall not be liable for: 

• any loss of business opportunity and any other loss, including indirect loss, that may be suffered by the User (such as, but not limited to, commercial losses, loss of revenue, income, profit or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, etc.); 
• damages or losses resulting from interruptions or malfunctions of the Service due to force majeure, or to unforeseen and unforeseeable events and, in any case, beyond the Borrower's control and will, such as, but not limited to, failures or interruptions of telephone or power lines, the Internet and/or other means of transmission, unavailability of websites, strikes, natural disasters, computer viruses and attacks, interruptions in the delivery of third-party products, services or applications; 
• any loss that is not a direct result of a breach of the terms of this Agreement by the Borrower; 
• any damage, injury, or loss that occurs as a result of viruses or other malware contained in or linked to files available for download from the Internet or through the App. Users are responsible for implementing sufficient security measures, such as antivirus and firewalls, to prevent any such infection or attack and for ensuring backup copies of all data or information exchanged through or uploaded to the App. 

7.4 The Borrower shall not be liable for damage occurring to property owned by the User (e.g., cell phone, accessories, clothing, cargo, etc.), caused by the User's negligence in the use of the Vehicle, disruption of the road surface, weather conditions, or failure to perform a safety inspection of the Vehicle and all its parts prior to the commencement of the rental, to which the User is obligated under this Agreement.  

8. VARIATIONS TO THIS CONTRACT 

8.1 The Borrower may unilaterally change the economic and contractual conditions in case of justified reason such as:  

1. the introduction of new legislation or legislative and regulatory changes applicable to the Service or imposing different obligations on the Borrower; 
2. Changes in economic or market conditions that affect the cost of providing the Service;

4. The introduction of new features, technical updates, or improvements to the Service aimed at ensuring greater safety, efficiency, or quality of performance; 
5. Changes in the Borrower's operational or organizational conditions, including corporate changes, mergers, acquisitions, or corporate restructuring that impact the Contract;
6. The need to correct errors or omissions in the Contract or in the terms and conditions of provision of the Service; 
7. The termination or modification of relationships with third parties that provide essential components of the Service; 
8. security reasons or prevention of malfeasance or abuse in the use of the Service. The User will be informed of such variations by means of an appropriate notice having as its object the proposed unilateral modification of the Contract with notice of not less than 30 (thirty) days from the receipt of said notice. Subject to proof to the contrary, the notice of variation shall be presumed to have been received 10 (ten) days after it has been sent by the Borrower. The User, in the event it does not intend to accept the change, may terminate the Contract without charge, under the terms and conditions set forth in said notice or in Annex A to this Contract.

9. ASSIGNMENT OF THE CONTRACT 

9.1 The Borrower reserves the right to transfer, assign, assign by novation or subcontract any or all of its rights or obligations under this Agreement, taking into account the legitimate interests of the User. Provisions relating to amendments to this Agreement shall apply accordingly. 

9.2 You may not assign or transfer in any way your rights or obligations under this Agreement. 

10. DURATION OF THE CONTRACT 

11. INSURANCE COVERAGE 

The Vehicles shall enjoy RCT/RCP insurance coverage , including for injuries caused by causes attributable directly or indirectly to the elements of the Service, produced during the management/operation of the Service or due to causes related thereto, with ceilings in line with the requirements of the relevant Municipal Administrations. The insurance coverage is excluded (i) for damages caused/attributable to third parties other than the Borrower or caused/attributable to the User and/or the user, (ii) for damages caused by the User and/or the unauthorized user, (iii) for damages resulting from Acts of vandalism, as well as from the violation of the provisions contained in this Contract and/or of the regulations, including local regulations on the circulation of Vehicles. Should the damage be compensated in whole or in part by the insurance company with which the Borrower has contracted the policy, any deductible provided for in the policy will in any case remain the responsibility of the User. 

12.  COPYRIGHT AND OWNERSHIP 

All content on or displayed on the Service, including, without limitation, text, graphics, photographs, images, moving images, sounds, and illustrations (the "Content"), is the property of Borrower, its licensors, vendors, agents, and/or its content providers. All elements of the Service, including, without limitation, the overall design and Content, are protected by copyright, moral rights, trademark rights, and other laws relating to intellectual property rights. The Service may be used only for the purposes for which it is made available. Except as permitted by copyright law, you may not modify any material and you may not copy, distribute, transmit, display, perform, reproduce, publish, license, prepare derivative works from, transfer, or sell any information or work contained in the Service. Except as permitted by copyright law, it is your responsibility to obtain permission before reusing any copyrighted material available on the Service. You must comply with all applicable national and international laws, rules, ordinances and regulations regarding your use of the Service. The Service, related Content and all related rights shall remain the exclusive property of the Borrower or its licensors, vendors, agents and/or related Content providers, unless otherwise expressly agreed upon. You may not remove any copyright symbols, trademarks, or other proprietary notices from material found on the Service. 

13. APPLICABLE LAW AND PLACE OF JURISDICTION 

13.1 This Contract shall be governed by the laws of Italy. 

13.2 For any dispute arising between the Parties regarding the interpretation and/or execution of this Agreement, the court of Bari, or the court of the User in its capacity as a consumer, if different, shall have jurisdiction. 

14. VEXATIOUS CLAUSES 

Pursuant to articles 1341-1342 et seq. of the Civil Code, as well as articles 33-34-35-36 of the Consumer Code (Legislative Decree 206/2005), the User declares that he/she has read and understood, and therefore expressly approves articles 4.3.2 (impossibility to close the account before the expiration of the subscription period), 4.4 (Account suspension and deletion), 4.5.2 (cases in which the Borrower may restrict or deny access to the App to the User), 5.1 (Obligations of the User), 5.1.6 (penalty for parking the Vehicles in private and/or inaccessible areas), 5.1.7 (penalty for violation of the User's Obligations), 5.1.12 (penalty for Vandalism carried out by the User), 5.1.14 (penalty for failure to return the vehicle within 24 hours after the start of the rental), 5.1.15 (temporary suspension of service), 6.7.2 (Borrower's right to terminate ad nutum), 7 (Borrower's Limitations of Liability), Section 8 (Variations to this Agreement), 11 (Insurance Coverage), and 13 (Applicable Law and Jurisdiction).