User Agreement

ELIT-TAXI suggests carefully reviewing the text of the Public Offer, and in case of disagreement with any point, it is suggested to refuse the Services provided under the terms of this Offer, not to install (not to set up) the Mobile Application "ELIT TAXI" or to delete the installed Mobile Application "ELIT TAXI".

The User is considered familiar with the terms of this Offer and accepting it, provided they agree to, install and/or use (perform conclusive actions) the Mobile Application "ELIT TAXI". The text of the User Agreement set forth below (hereinafter – the "Agreement"), is addressed to an indefinite circle of persons, the Users of the Mobile Application, and defines the procedure for using the Mobile Application "ELIT TAXI". This Agreement is a public offer according to Art. 633, 641 and Chapter 63 of the Civil Code of Ukraine. The performance of conclusive actions by individuals (hereinafter referred to as the "User", and in the plural "Users"), aimed at using the Mobile Application "ELIT TAXI" is considered unconditional acceptance (acceptance) of this Agreement. The User hereby acknowledges that the acceptance of the Agreement has the same legal force and is equivalent to a signed and concluded Agreement in written form, on the terms defined below by the Company ELIT-TAXI upon the User's request provides information services free of charge to the extent and in the manner provided by this Agreement.

1. GENERAL PROVISIONS

1.1. Before starting to use the Service and the capabilities of the Mobile Application "ELIT TAXI", the User must express their consent to the User Agreement, Payment Terms, and the Privacy Policy of the Mobile Application "ELIT TAXI" by indicating "I agree with the Agreement" upon installation and commencement of use of the Mobile Application.

1.2. After providing the said consent, the User has access to use the Mobile Application "ELIT TAXI", but understands that the Company ELIT-TAXI reserves the right to immediately terminate this Agreement or cease providing the Services altogether, or partially deprive the User of access to the Services at any time without stating reasons.

1.3. In case the User disagrees with any of the provisions of this Agreement, they must refrain from using the services of the Company ELIT-TAXI and the Mobile Application "ELIT TAXI". ELIT-TAXI reserves the right to make changes to this Agreement, without prior agreement with the Users.

1.4. The User acknowledges that through the Mobile Application "ELIT TAXI", the Executor does not ensure the provision of transportation and does not function as a transport company, and that such Transportation Services are provided by independent providers of such services who have the right to provide this type of services, who are not employees of the company ELIT-TAXI or its affiliated structures.

1.5. The Parties acknowledge that the use of the Service "ELIT-TAXI" is possible exclusively in the manner, method and according to the rules and restrictions established in this Agreement, as well as in the Mobile Application "ELIT TAXI".

2. TERMS AND DEFINITIONS

2.1. In this User Agreement, the following terms shall have the following meanings:
• ELIT-TAXI (Executor or Right Holder) – a legal entity (company) that has the right to use the commercial name "ELIT-TAXI" and ensures the functioning of the platform, access to which is provided through the Mobile Application "ELIT TAXI";
• Mobile Application – The "ELIT-TAXI" Application for Android, iOS mobile devices (hereinafter - the Application or Mobile Application);
• User – any legally capable individual who has reached the age of 18 (eighteen) at the time of registration, or a legal entity (or public formation) that has accepted the terms of this Agreement and uses the services of the Mobile Application "ELIT TAXI";
• ELIT-TAXI Service – this is the possibility of using a technological platform through the Mobile Application "ELIT TAXI", which allows Users to organize and plan the transportation of passengers and/or their luggage, with the participation of independent providers of such services, in particular independent third-party transport companies in accordance with the agreement with ELIT-TAXI. If the User has not concluded a separate written agreement with ELIT-TAXI, the Services are provided to the User exclusively for personal, non-commercial use;
• Personal data – is information or a set of information about an individual who is identified or can be identified using such information;
• Provider – an individual or legal entity that provides the User with passenger and/or luggage transportation services;
• Transportation Services – passenger and/or luggage transportation services provided by the Provider to the User;
• Prohibited Items for Transportation – the following items from the non-exhaustive list cannot be transported using the ELIT-TAXI Service, including: precious stones, products made of precious stones and metals, animals and plants, weapons and components of weapons, weapon models, their full-size models and exact replicas; explosives (according to IATA classification), human remains, antiques, fur separate from a person, credit cards, banknotes of any national currencies, checks separate from a person, pornographic products or other items prohibited for transportation in accordance with the legislation; any identification documents, separate from a person.
• Acceptance – is the full and unconditional acceptance by the User of the terms of this Agreement.
• Account / profile – is a set of data about the User necessary for their authentication.

3. SUBJECT OF THE AGREEMENT

3.1. The Executor offers to conclude an Agreement for the provision of information services for ordering Transportation Services using the ELIT TAXI Mobile Application.

3.2. The User, by agreeing, installing and/or using, accepts this Agreement, unconditionally and absolutely agrees to all its terms and obligations imposed on the User within the framework of this Agreement, and also undertakes to comply with them.

4. USER REGISTRATION

4.1. The provision of the possibility of using the ELIT-TAXI Service is carried out exclusively on the condition of installing the Mobile Application "ELIT TAXI" on the User's mobile device and the availability of Internet access on such a mobile device, as well as subject to compliance with this Agreement.

4.2. To use the Services through the Mobile Application in full (in particular - by creating an order, viewing and editing previous orders, etc.) the User must register, thereby creating their own unique account.

4.3. By accessing the Application and voluntarily creating a profile, the Account, the User acknowledges and agrees to this Agreement, the Payment Terms, and the Privacy Policy.

4.4. The User has the right to create and use an Account if they are at least 18 years old. During registration, the User must provide reliable personal information, namely: mobile phone number, and also, in case of using a cashless payment method, specify the details of a valid own bank card. In case the User provides unreliable information, during registration or subsequently when using the Mobile Application, ELIT-TAXI has the right to suspend and/or cancel the User's Account (registration) without prior notice or obtaining any consent from the User. The User may not use multiple accounts simultaneously, in case of debt to the Executor. ELIT-TAXI has the right to suspend access to any or all Accounts belonging to the User, in the presence of any debt, as well as on other conditions defined by this Agreement.

4.5. The User undertakes to observe reasonable security measures, to preserve the data for accessing the service (phone number and SMS confirmation code or social network Account, through which registration in the Mobile Application was carried out) and agrees that the User alone bears full sole responsibility for all actions performed from their Account, and are considered to have been performed by the User personally.

4.6. By undertaking to comply with the requirements of this Agreement, the User gives their full, unconditional and irrevocable consent to the use of their personal data, provided for registration through the Mobile Application for their inclusion in the database of personal data of Mobile Application users.

4.7. The User undertakes not to disclose information about their own Account and not to provide access to it to third parties. The User bears full responsibility for any use of such data by third parties, including statements and any other actions carried out using the Mobile Application under the User's name.

4.8. ELIT-TAXI is not responsible for the use of the registered User's Account by unregistered third parties. The User is obliged to immediately inform ELIT-TAXI if their account has been stolen, disclosed or lost.

4.9. ELIT-TAXI reserves the right to block the User's Account altogether or partially deprive access to the Service at any time for any reason without prior notice or obtaining any consent from the User.

4.10. The ELIT-TAXI Service is intended exclusively for providing Users with information services, in particular, access to publicly available (public) information, information that is legally provided by third parties, objects of intellectual property rights that are legally used by being placed in Mobile Applications.

4.11. The dissemination of information of a confidential nature or belonging to third parties who have not provided appropriate consent for its placement is prohibited in the Mobile Application. If such a case is detected, the User must notify ELIT-TAXI of the fact of such violation.

4.12. ELIT-TAXI is not responsible and does not undertake obligations to Users regarding the services provided by the Providers through the Service. ELIT-TAXI is not responsible for the terms, quality of providing information about such services, and also is not responsible to the User for possible negative consequences, harm (damages) caused to the User as a result of non-provision or improper provision of services by the Providers.

4.13. Deleting the Mobile Application by the User is a confirmation of the refusal of such User to receive the Services, releases ELIT-TAXI from liability for any negative consequences for such User, but does not release the User from fulfilling obligations that arose before the User's refusal to receive the Services ordered according to this Agreement before the moment of deleting the Application.

4.14. The ELIT-TAXI Service cannot be used to provide services regarding Prohibited Items for Transportation.

5. PERSONAL DATA

5.1. ELIT-TAXI processes users' personal data in accordance with the Law of Ukraine "On Personal Data Protection" and the Privacy Policy.

5.2. By agreeing to this Agreement, the User confirms that they are fully familiar with and agree to its terms and grants ELIT-TAXI permission to process their personal data, for the purpose of fulfilling the terms of this Agreement. The permission for personal data processing is valid throughout the entire period of using the Mobile Application according to this Agreement, as well as during the next three years after the end of such use, if it is related to the relations defined by this Agreement and the Confidentiality Terms, unless otherwise provided by law.

5.3. The User bears full responsibility for the reliability of the provided personal data.

5.4. The User has the right to delete, restrict or clarify their personal data.

6. CONTENT PROVIDED BY THE USER. DATA COLLECTION AND PROCESSING

6.1. When using the Mobile Application, the following content may be provided by the User: reviews, suggestions, ratings, etc.. The content may be provided in the form of text, images, etc. The specified content is the property of the User, however, as a result of its placement in the Mobile Application, the User gives their consent to its use by ELIT-TAXI: to copy, modify, distribute, publish, publicly use or in any other way use such content in all formats and distribution channels, known at this time or developed later without further notification or obtaining consent from the User and without the requirement of payment in favor of the User or in favor of any other individual or legal entity.

6.2. The User who places any content guarantees that they do not violate the intellectual property rights of third parties, or rights to publicity or privacy. The User undertakes not to provide content of a defamatory, libelous, hateful, violent, obscene, pornographic, illegal or offensive nature, or other content that leads to a violation of current legislation.

6.3. ELIT-TAXI reserves the right to review, monitor or delete content at its own discretion at any time and for any reason without sending a notification to the User. ELIT-TAXI does not check the Content placed by the Users.

6.4. If ELIT-TAXI suffers any damage related to the User placing illegal information, the User is obliged to compensate these damages and moral harm in full.

6.5. The provision of information services and the placement of advertising in the Mobile Application are carried out exclusively by ELIT-TAXI or with its prior written consent. Unauthorized placement of advertising information by Users is prohibited, otherwise, the User is obliged to compensate ELIT-TAXI for the incurred damages in full.

7. LICENSE

7.1. In accordance with this Agreement, ELIT-TAXI grants the User a limited, non-exclusive, revocable, named, non-sublicensable license to:
- access and use the Application on the User's personal device, exclusively for the purpose of using the Services;
- use any content, information and related materials and access them through the provision of Services exclusively for personal, non-commercial use.

7.2. Any rights not expressly provided for by these Terms belong to and remain with ELIT-TAXI.

8. SPECIAL CONDITIONS

8.1. By agreeing to these Terms, the User expresses their consent to receive any information distributed over communication networks for the purposes and in cases where the necessity of such consent is provided for by law. Exclusive rights to the ELIT-TAXI Service and its content: the Mobile Application, any of its components, including program code, design elements, text, graphic images, illustrations, video and other objects of intellectual property rights, are the exclusive property of the Right Holder and cannot be used without the written consent of the Right Holder.

8.2. These Terms do not provide for granting any rights or permissions to the User to use the Mobile Application in any way, except for the methods provided by its functional capabilities and these Terms.

8.3. The User is not entitled to:
- reproduce and distribute the "ELIT-TAXI" application for commercial purposes (including for a fee), including as part of collections of software products, without the written consent of the right holder.
- change, decompile, decrypt and perform other actions with the program code, the purpose of which is to obtain information about the implementation of the algorithms of the "ELIT-TAXI" application, the creation of derivative works, as well as to carry out (allow to carry out) other use of the "ELIT-TAXI" Application, any of its components without the written consent of the right holder.
- the User is not entitled to change and/or delete the name of the "ELIT-TAXI" Application, the trademark legal protection sign (®) and/or (TM) or other indications of the right holder.

8.4. ELIT-TAXI has the right to:
• not proceed to provide access to the Service or terminate its provision in case the User has overdue debt to ELIT-TAXI or the Providers, regardless of the grounds for the occurrence of such debt;
• unilaterally change the prices for any transportation services;
• involve third parties to fulfill its obligations to the User.

8.5. When appealing to an ELIT-TAXI representative, the language in which the appeal is presented is considered to be the one chosen by the client for their personal service. The appeal is considered in the manner provided by the Law of Ukraine "On Citizens' Appeals".

9. PAYMENT FOR SERVICES

9.1. Payment for the Services of the ELIT-TAXI Service is carried out by the User in accordance with the tariffs posted in the Mobile Application and on the Website. The User agrees that in case of payment for the Service by bank card, the corresponding difference in cost will be debited from their bank card by the respective payment system. In the event that as a result of using the Mobile Application "ELIT TAXI" and making previous Orders that led to situations in which the User had to pay the full cost of the Order taking into account additional Order parameters (such as charging the User the cost of the Provider's arrival at the place of execution of the Order and the Provider's waiting for the User, compensation for damage caused by the User to the Provider's vehicle, charging the cost of additional waiting for the Provider) the User has formed a negative balance of funds on their account, further use of the Mobile Application "ELIT TAXI" is possible only after the completion of the settlement for the User's previous Orders.

9.2. The User makes the payment for the Services directly to the Provider. Payment in cash is made by the User by transferring cash to the Provider who provided the Service. The User can make payment for the Services, taking into account the parameters of the elite taxi service Order, using a bank card through the Mobile Application or on the Website. In this case, the User automatically goes to the website of the corresponding payment system and enters their personal data and bank card data directly on the website of this payment system. "ELIT-TAXI" does not store or transmit User's bank card data.

9.3. "ELIT-TAXI" provides informational assistance in ensuring the acceptance of payments from Users and is responsible exclusively for the correctness of determining the cost of the Services subject to payment in favor of the Provider, and bringing the specified information to the Users. The acceptance and transfer of payments are carried out by the respective payment systems authorized to provide the relevant services.

9.4. Payment for the Services to the Provider can also be made by the User through the Mobile Application using Google Pay, Apple Pay, provided that the corresponding mobile applications are downloaded to their mobile device.

9.5. If the Provider has the technical capability, payment for the Services to the Provider can be made using a QR code (a two-dimensional matrix barcode that is available for reading by mobile communication devices), which is generated and provided to the Providers to the service payment interface independently or with the help of the corresponding payment system. In this case, "ELIT-TAXI" is not responsible for the correctness of the placed QR code and is not a party to such payments.

9.6. The User, in addition to paying for the Services to the Providers, has the opportunity to leave tips (funds over the payment for the Services) to the Providers upon completion of the provision of the Services, if applicable.

9.7. By choosing the cashless payment method for the Order in the Mobile Application "ELIT TAXI", the User thereby confirms that they are familiar with and accept the terms (public agreements) for the provision of money transfer services without opening an account for Users, publicly offered by payment institutions that service the corresponding payment transactions.

10. LIABILITY

10.1. The Service is provided on an "as is" and "as available" basis. ELIT-TAXI disclaims any statements and warranties, express, implied or statutory, not expressly set forth in this Agreement, including warranties of quality, fitness for a particular purpose and non-infringement of intellectual property rights. Furthermore, ELIT-TAXI makes no representations, warrants or guarantees regarding the reliability, timeliness, quality, suitability or availability of services or any services or goods requested through the services, or that the provision of services will be uninterrupted and error-free.

10.2. ELIT-TAXI does not guarantee the quality, suitability, safety or abilities of the Providers. The User has agreed to bear all risks associated with their use of the requested services to the maximum extent provided by law.

10.3. ELIT-TAXI is not liable for indirect, incidental, unforeseen, punitive or other damages, including lost profits, lost items, bodily injury or for damages related to the services or otherwise caused by the use of the services, even if ELIT-TAXI was warned about the possibility of such damages.

10.4. ELIT-TAXI is not responsible for any damage, liability or loss resulting from the use of the services or its actions in reliance on such services, including, but not limited to, in the event that:
- the service as a whole, the Mobile Application and its functionality meets (will meet) all the User's expectations;
- the service will be provided continuously, reliably and without errors;
- the quality of transportation services provided to Users will meet the User's expectations and intentions.

10.5. ELIT-TAXI is not responsible for any harm caused to life and health, any direct and/or indirect damages, material and/or intangible harm, liabilities or losses incurred as a result of the User's use or non-use of information posted in the Mobile Applications, as well as when using the ELIT-TAXI Service, and which may be caused by incomplete or untimely provision of the Service through the Mobile Applications; the lack of possibility to access the Service or use it; non-provision or improper provision of services to Users by any third parties; any actions or inaction of such third parties; the presence or absence of any powers, permits, licenses, agreements of third parties, the presence or absence of a special legal status of such persons, etc.; unauthorized distribution, change or destruction of User information as a result of any use of the Mobile Applications. The User agrees that ELIT-TAXI has no relation to the compensation for damages arising from the use of the Service.

10.6. The User has the right to send all claims regarding the improper fulfillment of obligations under this Agreement to ELIT-TAXI by contacting the User Support Service (in the Mobile Application, by selecting the menu item "Support Service") of the "ELIT-TAXI" Application and/or to the email address.

11. DISPUTE RESOLUTION

11.1. All disputes arising between the parties are resolved through negotiations. If agreement is not reached, the dispute is subject to consideration in the courts of Ukraine at the location of ELIT-TAXI.

12. APPLICABLE LAW

12.1. This Agreement is governed by and construed in accordance with the current legislation of Ukraine. Issues not regulated by this Agreement are subject to resolution in accordance with the current legislation of Ukraine.

12.2. Nothing in the Agreement can be understood as establishing agency relations, commissions, partnership relations, joint activity relations, labor relations, or any other relations between the User and ELIT-TAXI that are not directly provided for by this Agreement.

12.3. If for any reason one or more provisions of this Agreement are deemed invalid or legally unenforceable, this does not affect the validity or applicability of the other provisions of the Agreement.

12.4. Inaction on the part of ELIT-TAXI, in case of violation by the User or third parties of the provisions of this Agreement, does not deprive ELIT-TAXI of the right to take appropriate actions to protect its interests later, and also does not constitute a waiver by ELIT-TAXI of its rights in the event of similar or comparable violations in the future.

13. TERMINATED SERVICES AND POLICY REGARDING THE END OF THE SERVICE PROVISION PERIOD

12.1. ELIT-TAXI reserves the right to terminate the provision of the Service at any time for any reason or no reason without prior notice. Despite the fact that ELIT-TAXI makes every effort to maximize the term of the Service provision, sometimes it happens that the provision of one of the parts of the Service may be terminated due to the end of its term. If ELIT-TAXI discontinues support for some of its products or services soon, the User will still be able to use them until the end date of their provision.

13.2. If ELIT-TAXI discontinues support for a certain part of the Service or the Service as a whole soon, it has the right to send the Users a corresponding notification before the termination date. Until this time, the User must take all necessary measures to successfully transfer their data. The User can also completely refuse to use the specified Service before the end date of its provision.

13.3. ELIT-TAXI is not responsible to the User or third parties for making changes, temporary or complete termination of the Service or any part of it that ELIT-TAXI offers or to which it provides access.

Legal entity location:
03110, Kyiv, Mykola Amosov Street, 2, Office 8