These General Terms of Service of Massasia Germany GmbH (including its subsidiaries or affiliates, are hereinafter referred to as “we.” Read 1.1.4. below) (hereinafter “these Terms”) apply to the rental service for shared electric scooters, electric bicycles, moped scooters, etc. through Maasasia Germany GmbH's Internet-enabled mobile application (hereinafter “alpaca service”), or the rental contracts entered.

1. Definitions

1. The terms used in these Terms are as follows, and are the basis for the interpretation thereof.

2. Use and Contractual Changes

1. The alpaca service can only be used by customers who have registered the items requested by us through the app and agreed to these Terms and other necessary terms of service (hereinafter "customer"), and if operable normally, rental may only be made within a defined territory of the Federal Republic of Germany (hereinafter “operation area”). Free parking (free floating) means that our vehicles are available for use within the operation area, but not for personal or exclusive use.

2. If necessary to change legal or technical procedures, the alpaca service reserves the right to change these Terms to the extent that they do not violate applicable laws. The changes will be notified to customers by notice and posts in the alpaca app or on our website. The customer will be deemed to have consented to all changes unless he/she objects in writing within 4 weeks of being notified of the changes. In addition, if the customer objects to changes or additions to these Terms, we may terminate the service contract with the customer according to the Terms within 4 weeks.

3. Entry Into Service Contract

1. The customer who wishes to rent a means of transport from us shall register for a user account through the alpaca app, and each customer can only register once. Also, alpaca service can only be used by the customer having correctly registered his/her information.

2. For successful completion of the registration process, the customer shall enter an email address, personal mobile phone number and valid payment information.

3. The rental of our vehicles is carried out by entering into a rental contract in accordance with Article 5 hereof.

4. We reserve the right to reject a customer’s user account registration or rental contract if we have a reasonable suspicion about the customer's behavior. In particular, in each of the following subparagraphs, the service contract may immediately be terminated or the subscription may be restricted.

4. User Account of Alpaca App

1. There shall be a designated or available user account, and the name on the credit card shall match that of the customer. The customer is responsible for keeping the personal information he/she stores in the user account up to date, as it applies to the address, email address, personal mobile phone number and payment data.

2. The customer shall ensure that a third party cannot use our vehicles reserved through his/her account. In particular, it is prohibited to pass on login data for the user account (mobile phone verification code, e-mail, etc.) to others. This applies even if the third party is our customer. The customer is also required to change password if he/she has a reasonable suspicion or assumption that a third party knows the password. We are not responsible for disadvantages or other infringements caused to the customer due to failure to change the password.

3. To use the alpaca app, the customer shall have a mobile phone that meets the technical requirements of the alpaca app. Every time an app is downloaded, the mobile phone shall be able to automatically check whether it meets these requirements. The customer shall ensure uninterrupted mobile data communication and shall bear the cost of data transmission owed to the mobile communication operator.

4. The customer may not infringe intellectual property rights, e.g., unauthorized reading, copying, or manipulation of the alpaca app by using information technology methods. We reserve all claims for damages due to unauthorized copying or manipulation.

5. The customer shall immediately inform us of any loss or theft of the mobile phone associated with the user account or of the possibility of any other unauthorized use of user account by a third party, and we will immediately block access until the facts are clear to prevent misuse, and communicate that fact to the customer via email or otherwise.

5. Use and Contract of Rental Service

1. Rentals are only available for vehicles shown in the alpaca app. In some cases, inaccuracies in the GPS signal may cause a difference between the vehicle's location displayed in the alpaca app and its actual location.

2. Our rental vehicles can be used to the maximum extent available.

3. When a customer 'unlocks' our vehicle in the alpaca app, it is deemed that the customer's request for use is accepted by us, and when the ‘start driving’ button is clicked, a binding rental contract between the customer and us is deemed entered into.

4. The rental contract is launched immediately upon unlocking by the customer, and comes to an end when the customer properly returns the vehicle in accordance with Article 6 or when the system automatically returns it in accordance with Paragraph 6.5.

5. When having identified our vehicle’s defects, damage or serious contamination which appears to affect road safety or its general functioning, the customer shall immediately inform our customer service center (See Article 25) and, for safety reasons, shall avoid using the vehicle.

6. In the case of the customer’s safety or of other compelling reasons to contact the customer, we may contact the customer using the contact information stored in ‘customer information.’

6. Termination of Rental

1. In order to terminate the rental contract, the customer shall properly park our vehicle in accordance with Article 7 and terminate the rental process in the alpaca app.

2. The customer shall pay attention to the boundaries of the operation area and the no-parking areas by use of the alpaca app. An additional fee will be charged if our vehicle is returned outside the operation area within the city or in the no-return areas. A list of fees and fines can be found in the alpaca app (alpaca.app/fees). In addition, fines or administrative fines caused by illegal acts of the customer before using the vehicle shall be borne by the customer.

3. The rental process can be terminated through the alpaca app only when the vehicle is within the alpaca operation area and not in a no-parking zone.

4. Unless otherwise required of the parking lot selected for return, the customer shall park our vehicle in the designated location.

5. If the customer does not terminate the rental process through the alpaca app after stopping the vehicle, the rental process will automatically end if the vehicle is not moved or used in any other way for 30 minutes, and the expenses incurred during the stoppage are paid with the registered card.

6.If the rental process cannot be terminated or the vehicle cannot be returned by use of the alpaca app for technical reasons even if the conditions mentioned in Paragraph 3 are met, the customer shall immediately notify us and discuss additional procedures with us. In addition, the customer shall terminate the rental service using only the lock function or return function provided by us.

7. The obligation to pay service fees does not disappear until the end of the rental period, unless the rental process cannot be completed for reasons not attributable to the customer.

8. When the rental process is completed, the total rental time and total service fee will be displayed in the alpaca app.

7. Vehicle Return and Parking

1. The customer shall return our vehicle in the same condition as before the rental.

2. Our vehicles shall be properly parked in public places, and all our vehicles shall be subject to the parking regulations applicable to them.

3. Our vehicles cannot be parked in places where parking is prohibited by the relevant city’s regulations.

4. The method of parking our vehicle shall not cause risk or damage to road safety, pedestrians’ rights, or third-parties’ properties.

5. The customer shall park our vehicle by using the stands fitted to it.

6. In particular, our vehicles cannot be parked in the following places.

7. Our vehicles shall be parked in public places or designated areas. In particular, parking is not allowed in places that are not explicitly designated as parking lots or are difficult to access.

8. In addition, our vehicles may not be parked in day or time-related parking restricted areas (e.g., vehicle-related parking restricted areas).

9. Upon legitimate request from us, the customer shall provide information on the exact location where our vehicle is returned.

8. Service Fees

1. Upon the end of the rental contract, the customer shall immediately pay the service fees to us. Before the end of the rental contract, the customer can view the per-minute rental price for our vehicles in the alpaca app. Unless otherwise stated, all prices quoted are subject to taxes (service fees are inclusive of VAT). We reserve the right to change the prices of our services at any time without giving reasons or prior notice.

2. Even when displayed as "in use or available" in the alpaca app, if our vehicle cannot be used due to contract or service policy or due to technical problems at the time of use, the customer will not be charged service fees.

3. Fees for the use of our vehicle are billed according to the rental contract selected by the customer, at a standard rate per package or per minute.

4. Service fees are paid according to the payment method selected in the applicable registration process. Upon entry into the contract, payment is made by the registered card or the payment method specified by the member. If the customer is unable to pay due to expenses incurred by the customer or otherwise, we may charge the customer according to the list of fees in the alpaca app (See alpaca app for details). In addition, we may charge in accordance with our pricing policy, and we reserve the right to charge the customer additional fees, unless he/she proves that no cost or less cost was incurred. In addition, the member's use of the service is suspended until his/her payment is completed, and if the member continuously fails to make payment for a considerable period of time, we may revoke the member's membership.

5. The customer may only avoid paying the service fees if we cannot refute the customer's proof or if it is confirmed to be legally binding, and if payment has already been made, the customer can exercise the right of refund.

6. In the event of overpayment or double payment due to our negligence (system error, etc.), we will refund the applicable service fees to the customer. The method of refund is the same as that of the payment.

9. Coupons

1. Coupons are provided to customers free of charge or through products for promotional purposes, and can only be used in connection with the use of our services. The granting and use of coupons is governed by our service policy, and we inform customers about it through the alpaca app.

2. Coupons can only be used within the validity period, and will automatically expire after the validity period.

3. Coupons cannot be traded or assigned between our customers, and cannot be refunded in cash or assigned to others under any circumstances.

4. For efficient use and operation of the service, we may adjust some or all of the coupons after prior notice, and the coupons may periodically self-expire in accordance with our service policy.

5. If it is confirmed that the customer has violated or abused these Terms and various regulations such as service policy in the use of coupons or has used coupons in a fraudulent way, we may withdraw the coupons and restrict their use.

10. Contract Split, Transfer, Assignment, etc.

We reserve the right to assign, to a third party, receivables (All claims against others arising from the normal business cycle of corporations, which are settled by receipt of money. It includes the accounts receivable and bills receivable occurring after selling or providing goods and services through credit transactions and the receivables arising from non-operating activities (sale of fixed assets or stocks, advance payments to customers, etc.). Most receivables have a reasonably estimable collection amount and period and constitute current assets.) arising out of this contractual relationship, for collection purposes in particular. The customer will promptly be notified of appropriate splits, transfers, or assignments, in which case we may only provide payment to debt-relief allocation payees while handling general customer inquiries, complaints, etc.

11. Authorized User

1. Persons authorized to rent vehicles from us are as follows.

2. Customers with an active user account with us who are 13 or older, in the case of electric bicycles

12. General Obligations and Prohibitions of Customers

1. The customer is obligated to use our vehicles safely and discreetly, comply with applicable transportation regulations, and not jeopardize third parties’ rights and properties when using our vehicles.

2. The customer shall abide by the following:

3. The customer is prohibited from the following.

13. Actions in the Event of Accidents

1. The customer shall immediately notify us and the police of accidents involving our vehicles.

2. The customer shall notify the police as soon as possible after an accident and endeavor to record the accident. If the customer cannot do so because the police refuse to receive the notice or for any other reason, he/she shall notify us immediately and arrange further procedures with us. This applies regardless of whether the accident was self-inflicted or caused by an external physical force.

3. We provide a claim reporting form to the customer, regardless of whether the accident is our own or a third-party's fault. After checking the form, the customer shall reply to us within 7 days. If the customer does not return the form within the time limit, the insurance company may not be able to handle the accident. If the insurance company refuses to handle the accident due to the customer's delay in giving notice, the customer cannot file a claim against us.

4. The customer shall only provide accurate facts about the status of the accident/damage, particularly the scene of the accident.

14. Insurance

1. Our vehicles (electric scooters and electric bicycles) are covered by liability insurance.

2. Without our prior consent, the customer will not be waived of liability for the damage due to his/her fault.

3. If our vehicle is damaged (including partial and total damage) due to the customer's negligence during his/her use of the vehicle, the customer shall reimburse the cost of repair including the proportionate cost of repurchase if necessary.

4. The limitation of liability for the damage to our vehicle will not apply if the customer has caused the damage intentionally.

5. If the customer has caused damage to our vehicle through gross negligence, the customer's liability to us will not be limited to the amount in excess of the service performed on us by the insurer.

6. Insurance will not apply if the insurance company is waived of its payment obligation because of the customer's breach of other obligations. In the case of partial liability, the above insurance will be applied against the negligence. Also, in the case of intentional damages, limitations of the customer's liability will not apply. If the customer has caused damage due to gross negligence, limitations of the customer's liability will apply as long as the insurance company pays the insurance money in accordance with the insurance contract law.

7. In the case of accidents and damages caused by the customer's failure to fulfill, or violation of, the obligations specified in this contract, the insurance company or we may exercise the right of indemnification against the customer when the insurance company or we have borne the amount of damage incurred.

8. If insurance-related laws, systems and regulations change, these Terms will be subject to such changes.

15. Our Obligations and Responsibilities

1. In accordance with statutory provisions, we will be liable for damages caused by our intent or gross negligence, our agents or our representatives.

2. Our liability due to simple negligence covers the following.

3. The limitation of liability under Paragraph 15.2 will also apply to persons (including employees or agents, etc.) against whom we are liable under the statutory provisions. However, this will not apply to malicious concealment of our defects, assumption of warranty, or claims under the product liability law.

16. Customer’s Obligations and Responsibilities

1. The customer shall be liable for our damages caused by his/her intent or negligence. This includes, inter alia, violations of Article 12 or the misuse resulting therefrom, and damage to or loss of our vehicle.

2. The customer shall be legally liable for the violation of transport and regulatory regulations and other statutory provisions, in particular criminal law for which violation he/she is liable in relation to the use of our vehicle. The customer bears all costs resulting from the act, and we are not liable at all for third-parties’ claims arising therefrom.

3. If the damages are paid by the insurance company and there is no additional claim for damages from the customer or a third party against us, the customer is not liable.

4. The limitation of liability for the damage to our vehicle, agreed between us and the customer, will not apply if the customer has intentionally caused the damage.

5. As compensation for our burden which arises from processing of requests from law enforcement agencies or other third parties for the identification of regulation violations, crimes or other impediments occurring during the applicable rental period, we may charge the customer for each item in accordance with the appropriate list of fees.

6. Before using the service, the customer shall accurately check the terms thereof. The customer is responsible for all losses and damages caused by using the service without checking the terms of service.

17. Restrictions on User Account and on Use of Service

1. In the following cases, we may temporarily suspend user accounts and restrict their use.

2. After the end of the customer's breach of contract, we will take steps to ensure normal use of the user account.

3. When the customer is in repeated breaches of contract and that results in a situation for which the customer is liable, we will restrict the customer's use. However, the customer may file an objection, and if the matter is sufficiently clarified, the use will not be restricted.

4. In each of the following cases, we may suspend or limit the provision of all or part of the specified service.

18. Term of Contract and Termination of Service

1. In the follow cases, the parties to the contract have the right to terminate the contract:

19. Right to Withdraw from Rental Contract

Regarding the master contract, the customer has the right of withdrawal as follows:

1. Right of withdrawal – The customer may withdraw from this contract within 14 days without giving any reason, and to do so, he/she shall contact us. In case of withdrawal from the contract, the customer shall notify by mail, fax or e-mail by referring to the sample form below.

2. Consequences of withdrawal - If the contract is withdrawn, we will fully refund, within a certain period of time, payment by the customer. The method of refund will be the same as used by the customer for the transaction and we will charge no refund fee in any case, unless the customer expressly agrees otherwise.

20. Protection of Personal Information

We collect and process personal data necessary for stable and smooth provision of the service. When processing the customer’s personal data, we comply in particular with the EU's General Data Protection Regulation such as the GDPR. For the details and scope of collection, storage and processing of customer personal data, please refer to the Privacy Policy provided by the alpaca app.

21. Intellectual Property Rights

1. Ownership: Intellectual property rights for all materials, including documents, software, codes, scripts, web pages, music, sounds, photos, videos, graphics, graphical user interfaces, forms, diagrams, etc. within the app, site or service (“materials”) are owned by us, our licensors or our service providers. We reserve the right to enforce our intellectual property rights to the fullest extent permitted by law.

2. Restricted use: Without prior written permission from us or the relevant copyright holders, no part of the materials may be reproduced, reverse-engineered, disassembled, separated, altered, distributed, republished, displayed, broadcast, transferred or transmitted, or stored in an information retrieval system, nor can be installed on a server, system or equipment. Users are only permitted to download, print, or use the materials for personal, non-commercial use as long as they do not alter the materials, and we or the relevant copyright holders retain all copyrights and other exclusive rights contained in the materials.

3. Trademarks: Includes not only our registered trademarks but also unregistered trademarks. The app, site and these Terms shall in no way be construed as granting a license or right to use, without prior written permission from us or other relevant trademark holders, any trademarks present in connection with the service.

22. Availability of App, Site and Service

From time to time without prior notice, we may upgrade, modify, suspend or suspend supply of, or delete the app, site or service in part or in whole. We assume no responsibility if the above upgrades, modifications, suspensions or deletions prevent you from accessing or using any part of the app, site or service.

23. Management of Use of App, Site and Content

1. We reserve the following rights to supervise or control the use or content of the app/site, report activities, or request information:

24. Governing Law

EU law applies to contracts between the customer and us. If the customer does not have a legal entity of a merchant or public corporation or is not subject to domestic general jurisdiction, our location may be a jurisdiction for disputes related to service contracts and rental contracts. Only after our prior written consent, the customer may assign, to a third party, claims for damages or other rights arising from assigned contracts.

25. Customer Service/Complaint Handling

1. The customer shall please direct his/her questions, comments, and complaints to our contact point or address below.

2. We have no legal obligation to participate in consumer dispute resolution procedures (VSBG) under the Consumer Dispute Resolution Act (abs).