Last updated: 01/22/2022

01.Contractual relationship

These Terms of Use, including the General Terms of Use (�Terms�), govern the access or use by individuals from within the Kingdom of Saudi Arabia of the applications, websites, content, products and services (�Services�) provided by Active Step Up for Rent and registered under commercial registry number Jeddah // 4030490201 // and its main location is at: Al-Nahda Street, Al-Rawda District, P.O. Box 23432, hereinafter referred to as �ASU�

PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES.

By accessing and using the Services, you agree to be bound by these Terms, which establishes a contractual relationship between you and ASU and if you do not agree to these Terms, you may not access or use the Services. These Terms specifically supersede any prior agreements or arrangements with you. ASU may immediately terminate these Terms or any of the Services to you or generally cease offering or deny access to the Services or any part thereof at any time and for any reason.

Some supplemental terms may apply to certain services, such as policies for a particular event, activity or promotion, and these supplemental terms will be disclosed to you in connection with the services provided. Supplemental Terms are in addition to and form part of the Terms for the purposes of the Services. Supplemental Terms shall prevail over these Terms in the event of a conflict with respect to the Services provided.

ASU may modify the Terms relating to the Services from time to time. Amendments will be effective upon ASU posting these updated Terms on this Site or on the Online Application or posting revised policies or supplemental terms related to the service provided. Your continued access to or use of the Services after such posting constitutes your agreement to be bound by the Terms as amended.

We collect and use personal data in connection with the services in accordance with what is set forth in ASU's privacy policy, which can be found at the following link: Privacy Policy - ASU. ASU may provide the necessary information (including your contact information) to companies Settlement of claims or insurance companies in the event of a complaint, dispute or disagreement where such information or data is necessary to settle the complaint, dispute or dispute.

02.Services

The Services constitute a technical platform represented in a) mobile phone applications, b) the website (each of which is referred to as an �application�) to provide smart transportation services that enable users to use light means of transportation such as bicycles, electric bicycles, etc. (whether with stops or without stops). The Services are provided for your personal, recreational or sporting uses but not for commercial uses unless ASU agrees otherwise in a separate written agreement with you. You acknowledge that ASU does not provide transportation or logistics services.

License

Subject to your compliance with these Terms, ASU grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to: (i) access and use the Applications on your personal device solely in connection with your use of the Services; and (ii) access and use any content, information and related materials that may be made available through the Services, in all such cases for personal, non-commercial use only. ASU and its licensors reserve any rights not expressly granted in these Terms.

Restrictions and proprietary rights

You may not: (i) remove any copyright, trademark, or other proprietary notices from any portion of the Services; (ii) reproduce, modify, prepare derivative works from, distribute, license, rent, sell, resell, transfer, publicly display, publicly perform, broadcast, circulate, publish or otherwise exploit the Services except as expressly permitted by ASU; (iii) tamper with, reverse engineer or disassemble it except as permitted by applicable laws; (iv) link to or duplicate any part of the Services; (v) create or cause the creation of any programs or scripts for the purpose of scraping, indexing, deleting or otherwise exploiting any part of the Services, or improperly overburdening or impairing the operation and/or functionality of any aspect of the Services; or (vi) attempt to gain unauthorized access to or damage any aspect of the Services or any related systems and networks.

Third Party Services and Content

The Services may be provided or accessed in connection with third party services and content (including advertising) that ASU does not control. You acknowledge that different terms of use and privacy policies may apply to your use of Third Party Services and Content. ASU does not endorse third party services and content and is under no circumstances responsible for any third party service providers' products or services. In addition, Apple Inc., Google Inc., Microsoft Corporation and/or their respective international subsidiaries and affiliates are third party beneficiaries of these Terms if you access the Services using apps specifically designed for Apple iOS, Android or Microsoft Windows mobile devices, respectively. These third party beneficiaries are not parties to this Contract and are not responsible for providing or supporting the Services in any way. Your access to the Services using such devices is subject to the terms set forth in the applicable Third Party Beneficiary Terms of Service.

Property

The Services and all rights in them remain the property of ASU or its licensors. Neither these Terms nor your use of the Services grant you any rights: (i) in or in connection with the Services other than the limited license granted above; or (ii) to use or refer in any way to the company names, logos, product and service names, trademarks, or service marks of ASU or those of its licensors.

03. Your use of the Services

Users accounts

In order to use most aspects of the Services, you must register for and maintain an active personal User Services account (�Account�) and must be at least 18 years of age or the age of legal majority in your jurisdiction (if different than 18). years) so that you can get an account. Account registration requires that you provide certain personal information to ASU such as your name, address, mobile phone number, age, and at least one valid payment method (either a credit card or an accepted payment partner). You agree to keep accurate, complete and up-to-date information in your account. Your failure to maintain accurate, complete, and up-to-date information on your account, including designation of an invalid or expired payment method, may result in your inability to access or use the Services or ASU's termination of these Terms with you. You are responsible for all activities that occur under your account name, and you agree to keep your account username and password secure and confidential at all times. You may not have more than one Account unless otherwise permitted by ASU in writing.

You agree to keep accurate, complete, and up-to-date information in your account. Your failure to maintain accurate, complete, and up-to-date information on your account, including designation of an invalid or expired payment method, may result in your inability to access or use the Services or ASU's termination of these Terms with you. You are responsible for all activities that occur under your account name, and you agree to always keep your account username and password secure and confidential. You may not have more than one Account unless otherwise permitted by ASU in writing.

User requirements and behavior

The Service is not available for use by persons under the age of 18. You may not delegate the use of your account to third parties, and you may not assign or otherwise transfer ownership of your account to any other person or entity. You agree to comply with all applicable laws when using the Services and may use them only for lawful purposes, and may not, in your use of the Services, cause harm, inconvenience, inconvenience, or property damage to any third parties. You may be asked to provide identification to access or use the Services, and you agree that you may be denied access to or use of the Services if you refuse to provide identification.

Text messages

Once an account is created, you agree that ASU may send you certain informational text messages as part of the normal business course of your use of the Services which may include the sending of a temporary secure access code. You have the right to refuse to receive text messages from ASU at any time by sending an email to move@activestepup.com indicating that you do not wish to receive any more such messages and include the mobile number that receives these messages. You acknowledge that refusing to receive text messages may affect your use of the Services.

Familiarity with operations

You represent that you are familiar with the operation of light mobility vehicles such as bicycles, electric and others, and that you are physically and mentally fit to operate bicycles safely. You are responsible for determining whether external factors, including but not limited to rain, fog, snow, hail, sleet, sandstorms Electrical storms and floods are things that make bicycle operation unsafe. You acknowledge that you are able to adjust your riding behavior, including but not limited to braking, speed, turning, to suit all conditions, including weather, visibility, surroundings, and traffic conditions.

You may not operate bicycles while carrying any baggage, including without limitation, a bag of any kind, or any other item that may impede your ability to bicycle safely with both hands and adequate legroom.

You may not place, hang or tape any objects on the handlebar, including but not limited to bags of any kind or tags.

You may not use any cellular phone, text messaging device, portable music player, headphones, portable gaming devices, or any other device that may distract from safely using bicycles.

You may not cycle after consuming any alcohol, drugs, medication, or any other substance that may impair your ability to cycle safely.

You may not carry any other person on bicycles, including but not limited to baby carriers.

You may not add any other form of lock, physical or digital, to locking and unlocking bicycles. You can use only locking functions that are provided by ASU.

You agree to operate bicycles only for their intended use for transportation and sport. You may not use bicycles for any other purposes, including but not limited to mountain biking, stunts, racing, or any such reasons whatsoever, ASU assumes no responsibility for any consequences that may result from your violation of them, you may not use bicycles for hire, reward or in violation of any applicable laws.

The maximum weight limit for bicycles is 180 kg, you agree not to exceed it, you will be responsible for any breakdowns, accidents, or any other circumstances as a result of exceeding the weight limits.

ASU bicycles must be used through the application, and the trip must be completed through the manual lock, with the obligation to wear a helmet while using bicycles.

It is your responsibility to return bicycles in the condition �as is� received, and it is your responsibility to report any accident, damage, personal injury, theft or loss of bicycles to ASU as soon as possible. You must report to the local police department within 24 hours from the time of the accident if it involves any kind of injury to you or any other person or damage to property, you further agree that you are responsible for any misuse, consequences, claims, demands or CAUSES OF ACTION, LOSSES, LIABILITIES, DAMAGES, INJURIES, COSTS, EXPENSES, PENALTY, ATTORNEYS' FEES, JUDGMENTS, ACTIONS OR EXPENITIES OF ANY KIND WHATSOEVER, FOR A LOST OR STOLEN BIKE, TO THE EXTENT PERMITTED BY APPLICABLE LAW.

Vehicle availability

You acknowledge and agree that the number of bicycles is limited and that their availability is never guaranteed, ASU is not responsible for decreased availability of vehicles.

Bicycle running areas

You agree to operate, use, and/or ride bicycles only in areas that are included in ASU's areas of operation and in accordance with all applicable laws and speed limits. via the app. You understand that continued operation of bicycles outside ASU areas will automatically disable bicycles. You expressly agree to restrict the use of bicycles in any Restricted Areas and assume all responsibility and liability for any operation of electric bicycles or bicycles in any Restricted Areas, including but not limited to fees, fines, and damage repair.

You also may not park a bicycle after your use in areas other than ASU parking spaces or ASU charging stations, if any of the bicycles should be confiscated or found by a competent authority as a result of your violation of riding outside operating areas or in operating areas. prohibited, you agree to pay all costs and expenses involved in refunding or replacing bicycles in cases where bicycles cannot be returned.

Charging bicycle locks

You acknowledge and agree to the following:

If the bicycle lock battery runs out during your period of use, you must terminate the ride in accordance with the provisions of these conditions, you must ensure that the bicycles do not run out of power in an unsafe environment, in the event of an accident due to the bicycle lock battery dead during your journey, ASU will not be liable for any claims, including without limitation, claims, damages, fines or damages.

You may not attempt to charge bicycle locks from any source other than ASU charging stations

Promotional codes

ASU may, in its sole discretion, create promotional codes that may be redeemed and credited to the account or other features or benefits in connection with the Services and/or services of third-party service providers, subject to any additional terms established by ASU on the basis of each promotional code (�Promotional Codes�). You agree that promotional codes: (i) must be used for the intended audience and purpose and in a lawful manner; (ii) may not be copied, sold, transferred in any way, or made available to the public (whether posted on a public form or otherwise), unless expressly permitted by ASU; (iii) may be disabled by ASU at any time for any reason without liability to you; and (iv) may only be used in accordance with the specific terms established by ASU for each Promo Code; (v) not valid for cash payment; and (vi) may terminate prior to your use of it. ASU reserves the right to withdraw or deduct credits, features or other benefits obtained through the use of promotional codes by you or any other user in the event that ASU determines or believes that the use or redemption of promotional codes was in error, fraudulent or otherwise is illegal or otherwise violates the terms of the applicable promotional codes or these Terms.

User Provided Content

ASU may, in its sole discretion, permit you from time to time to submit, upload, post, or otherwise make available text, audio, and/or visual content and information to ASU through the Services, including comments and feedback relating to the Services, and creating support requests. and providing entries for contests and promotions (�User Content�) Any User Generated Content submitted by you remains your property. However, by submitting your UGC to ASU, you grant it a perpetual, irrevocable, non-transferable, royalty-free license, You also have the right to sublicense, use, copy, modify, create derivative works from, distribute, publicly display, publicly perform and otherwise exploit User Content in all forms and distribution channels now known or hereafter invented (including in connection with ASU's services and business as well as third-party websites and services), without further notice to you or approval from you and without the need for payment to you or any other person or entity.

User Provided Content

You represent and warrant that: (i) You are either the sole and exclusive owner of all user content� or you have all rights, licenses, and releases necessary to granter ASU a License to use the user content as set forth above; and (ii) neither the User Content nor your submission, uploading, posting or otherwise making available of such Content nor Ghazal's use of the User Content will infringe, misappropriate or violate any third party intellectual property, proprietary, copyright or privacy rights.

You agree not to submit any User Content that is defamatory, defamatory, hateful, violent, obscene, pornographic, illegal or otherwise offensive, as determined by ASU in its sole discretion, whether or not such material is protected by law. ASU may review, monitor, or remove User Content in its sole discretion at any time for any reason without notice to you, but is not obligated to do so.

Network and hardware access

You are responsible for obtaining the necessary network access data to use the Services. Your mobile network's messaging and data rates and charges may apply to you if you access or use the Services from a wireless device and you are responsible for those rates and charges. It is your responsibility to maintain and update appropriate equipment or devices that are necessary to access and use the Services and Applications and any updates thereto. ASU does not warrant that the Services, or any part thereof, will function on any particular equipment or devices. In addition, the Services may suffer from malfunctions and delays that are inherent in the use of the Internet and electronic communications.

4.Payment

you understand that use of the services will result in charge to you for the services you obtain (�fees�) and after you receive the services obtained through your use of the service. Fees will include applicable taxes as provided by law. All fees paid by you are final and non-refundable, unless otherwise specified by ASU.

All fees are due with immediate effect and payment is facilitated by ASU using your preferred payment method specified in your account after which ASU will email you a receipt. If the primary payment method you designate on your account is expired, invalid, or cannot be made for payment, you agree that ASU may use the secondary payment method on your account, if any.

You understand that use of the services will result in charge to you for the services you obtain (�fees�) and after you receive the services obtained through your use of the service. Fees will include applicable taxes as provided by law. All fees paid by you are final and non-refundable, unless otherwise specified by ASU.

As agreed between you and ASU, ASU reserves the right to establish, cancel and/or revise fees for any or all services obtained through the use of the Services at any time in ASU's sole discretion. Further, you acknowledge and accept that applicable fees may be increased from time to time. ASU will use reasonable efforts to notify you of Charges that may apply to you provided that you will be liable for Charges incurred in your Account regardless of your awareness of them or amounts for this account. ASU may from time to time provide certain Users with promotional offers and discounts that may result in varying amounts being paid for the same or similar services while using the Services and you agree that such promotional offers and discounts will not be - unless also made available to you - Relation to your use of the Services or fees charged to you.

The fees that may be charged to you by ASU are as follows:

1- Collecting the value of a package that gives you a prepaid balance that will be deposited in your e-wallet within the ASU application.

2- Amounts that are collected or accounted for the value of your use of the vehicle and are not matched or rewarded by the presence of sufficient balance in your electronic wallet.

3- Fines collected as a result of violations committed by us as a result of stopping or driving a light vehicle in a place in contravention of our instructions.

4- Collecting the value of bills as a result of vehicle breakdowns caused by them.

5. Evacuation responsibility; Insurance; limitation of liability; compensation

Evacuation responsibility

The services are provided on an �as is� and �as available� basis. ASU disclaims all representations and warranties express, implied or statutory not expressly made in these terms, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. in addition, ASU makes no representations, warranties, or warranties regarding the reliability, timeliness, quality, suitability, or availability of the services requested during the use of such services, or that the services will be uninterrupted or error-free. you agree that the entire risk arising from your use of the services required in connection with such use remains solely with you to the maximum extent permitted by applicable law.

Limitation of liability

ASU will not be liable for indirect, incidental, special, exemplary, punitive or consequential damages including loss of profits, loss of data, personal injury or property damage related to or in any way resulting from use of the services.

Compensation

You agree to indemnify and hold harmless ASU and its officers, directors, employees and agents from all claims, demands, losses, liabilities and expenses (including attorneys' fees) arising out of or in connection with: (i) your use of the Services; or (ii) your breach or violation of any of these Terms; or (iii) ASU's use of your User Content.

6. Governing Law

The implementation and interpretation of all the rules and regulations of this contract shall be subject to the law, regulations and decisions in force in the Kingdom of Saudi Arabia, but in the event of any dispute, it will be referred to the competent judicial courts in the Kingdom of Saudi Arabia to resolve it.

7. Other provisions

You may not assign or transfer ownership of any of these Terms in whole or in part without ASU's prior approval. But you agree to give your consent to ASU to enable it to assign or transfer ownership of these Terms in whole or in part, including to: (i) any subsidiary or affiliate; or (ii) an acquirer of ASU's stock, business, or assets, or (iii) its successor company in the event of a merger. No joint venture, partnership, employment, or agency relationship will arise between you or ASU as a result of the contract between you and ASU or as a result of your use of the Services.

In the event that any provision of these Terms is determined to be illegal, void or unenforceable in whole or in part and under any law, that provision or part of the provision shall be deemed not to be a part of these Terms without any effect on the legality, validity or enforceability of the remaining provisions of these Terms. . In this case, the parties shall replace the unlawful, invalid or unenforceable provision/part of the unlawful, invalid or unenforceable provision with a legal, valid and enforceable provision/part provided that it has an effect similar, as far as possible, to the unlawful, invalid or unenforceable provision/part unenforceable subject to the content and purpose of these Terms. These Terms constitute the entirety of what has been agreed upon and understood between the two parties in relation to its subject matter, and it supersedes and supersedes all previous and contemporary agreements and undertakings regarding the subject matter.

Terms and conditions related to value added tax

General Provisions

1.These Terms and Conditions (�VAT Terms�) apply as of the date on which they are issued, and shall remain in effect unless expressly terminated by ASU.

2. Your continued use of the ASU Application on or after the date of your receipt of these VAT Terms constitutes your acceptance of these VAT Terms.

3. The terms used shall have the meanings defined in the General Conditions of Use above, unless they are expressly defined differently in these VAT Terms.

VAT applies to flight fees

4. In application of the instructions received from the General Authority of Zakat and Tax, the value-added tax is calculated on the total transportation fare at the prevailing rate, and in the event that there is any change to these instructions and this change is applied retroactively, the ASU will seek to return the value-added tax from the amounts it may It is subsequently returned to the ASU by the General Authority of Zakat and Income, in accordance with the provisions of the third clause below.

VAT refund

5. ASU makes no guarantees that the VAT amounts that are calculated on the entire transportation fare will be refunded from GAZT or refunded to you.

6. ASU shall be entitled to deduct administrative expenses and other costs (including fines and any assessment of unpaid VAT) incurred by ASU as a result of applying GAZT instructions before returning VAT to you.

7. The VAT refunded to you will be added to the account in the form of a non-transferable, non-refundable balance for cash, and this balance is available for use in the Kingdom of Saudi Arabia only, and it expires one year after its issuance (unless otherwise provided by ASU). You agree that you are not entitled to a cash refund of VAT.

8. In the event that your account is closed when you are eligible for a VAT refund, ASU will email you a voucher (the amount of VAT that needs to be refunded) that you can use on the ASU app. The voucher is yours and you can use it by opening a new account on the ASU app. your own or reactivate your closed account. If your email address is not available in ASU records (because you did not share that address with ASU in the first place or for any other reason), ASU will not seek to contact you and any refund of VAT will be subject to your application submitted in accordance with paragraph 9 below. ASU will not be responsible for any Coupon sent to the email address on file with ASU records if such Coupon is received and/or used by anyone other than you.

9. In the event that your account is closed if you are eligible for a refund of VAT and ASU has not contacted you in accordance with paragraph 8 above, you may contact ASU for a refund of VAT. Refunds are made by issuing a voucher to be used on the ASU application in accordance with the details specified in Paragraph 8 above. ASU may require you to submit any documents (including receipts for trips you receive via email from ASU or via the app) to document your claim.

10. You agree that you will not seek a refund of VAT from ASU after 12 months from the date on which you became aware of your potential right to a refund of VAT, and in any event no later than 5 years from the date that such claim arise.

COVID-19 Terms and Conditions:

Our commitment to keeping everyone safe

We want to help you ride freely and safely, make the most of your time, connect with your loved ones and go to the places that matter to you. This is why we are committed to keeping everyone safe, from adding new standards to developing appropriate technologies to reduce accidents.

Helping keep everyone safe during coronavirus (covid-19)

We are closely following developments related to the Coronavirus (COVID-19), and are constantly working to maintain the health and safety of those who depend on our app. In light of this, we have taken the following criteria:

One user per bike

Make sure your hands are sanitized before and after using a bicycle.

Do not touch your face for any reason before washing your hands properly after riding.

Communication takes place:

The website is contacted via:

� The site's e-mail (move@activestepup.com)

� Unified number (0560500906)

� Through the social networking sites of the website.

Twitter - Instagram: Asu_App

All questions, comments or inquiries regarding website services or terms and conditions can be directed to move@activestepup.com Please note that all emails are saved for future reference.