USER AGREEMENT

Placement date August 5, 2021

“EvaSoft Corporation" (hereinafter referred to as the "Company") offers individuals and legal entities (hereinafter referred to as the "User"), individually referred to as the "Party", and collectively referred to as the "Parties", to conclude this User Agreement (hereinafter referred to as the "Agreement") under the terms and conditions described herein.
Unconditional acceptance of the Agreement is the performance of the actions specified in paragraph 3.6 of the Agreement. From the moment of acceptance, the User is considered to have read the Agreement and entered into a contractual relationship with the Company.
The User certifies that they accept the terms of this Agreement without objection. The User has understood and accepted the meaning of the terms, words and expressions used in this Agreement and the Service according to their legal definition and/or interpretation specified in the Agreement.
The agreement does not require bilateral signing and is valid in electronic format.

1. Terms


The Parties shall use these terms in the following meanings:
1.1 Ozcar Service (Service). A software and hardware complex consisting of a website located at https://ozcar.app , Ozcar mobile application on iOS and Android platforms, databases, disk space and equipment.
1.2 Company. "EvaSoft Corporation '', the owner of the Service, registered at 2810, N Church St, PMB 52218, Wilmington, DE, 19802, USA.
1.3 Personal Account. A secure part of the Service created during registration of the User, which allows the Renter to interact with the Owner, track Reservations and payments.
1.4 User. A capable individual or legal entity that has accepted the Agreement and uses the Service to search for a Vehicle or to rent their Vehicle.
1.5 Owner. An individual or a legal entity who owns the Vehicle on the right of ownership or other legal basis and places an advertisement for its rental using the Service.
1.6 Renter. An individual or legal entity searching for a vehicle to conclude a Rental Agreement using the Service.
1.7 Reservation. The Renter's actions aimed at concluding a rental agreement with the Owner on certain conditions.
1.8 Request. The Renter's actions aimed at searching for Vehicles available for renting.
1.9 Offer. Actions of the Owner aimed at providing the Renter with information about the availability of a Vehicle for rent.
1.10 Agency agreement. An agency agreement concluded between the Company and the Owner. The text of the standard form of the agreement is constantly posted in the public domain on the Service.
1.11. Vehicle. Any technical means designed to transport people and/or goods.
1.12. Preliminary Rental Agreement. A contract concluded between the Owner and the Renter at the time of confirmation of the reservation about the intention of both Parties in the future to conclude a vehicle rental agreement without a crew on the terms established by such an Agreement. The text of the standard form of the contract is constantly posted in the public domain in the Service.
1.13 Rules of Service. The rules of use of the Service, as well as the rules of interaction between the Owner and the Renter, permanently posted in the public domain at https://ozcar.app/support .
1.14 Legislation. The relevant legislation of State of Delaware. Other terms shall be interpreted in accordance with the Legislation and business practices.

2. Subject of the Agreement


2.1 The Company grants the User the right to use the Service free of charge under the terms of a simple (non-exclusive) license, and the User undertakes to use the Service in accordance with the terms of the Agreement.
2.2 The territory of the transferred rights is all countries of the world.
2.3 The term of the transferred rights is the term of the Agreement.
2.4 The User is notified that the Company is not a party to the relationship between the Owner and the Renter, except when the Company acts as the Owner under the agreement. Information about who is the Owner under the contract with the User is posted in the Service.

3. User Registration


3.1 The User goes through the registration procedure, as a result of which a unique account is created for the User. Registration is possible by logging in with the phone number and/or e-mail address of the User. By entering the phone number during the registration process, the User agrees to receive an SMS message with a confirmation and verification code of his phone number and undertakes to enter the received code in the appropriate field.
3.2 By entering the e-mail address during the registration process, the User agrees to receive a letter containing a confirmation and verification code to the email address and undertakes to enter the received code in the appropriate field.
3.3 To register, the User undertakes to provide true and complete information about themselves on the questions offered in the registration form, and to keep this information up to date in Personal Account.
3.4 If the Company discovers or has reason to believe that the identification data provided by the User is untrustworthy, the Company may temporarily block or completely delete the User's account.
3.5 User is solely responsible for all actions performed under User's account, including when the User voluntarily transfers their account access data to third parties on any terms.
3.6 Registration is considered to be completed by the User after performing the following actions:
3.6.1 entering the User's phone number in the registration form and clicking on the "Continue" button;
3.6.2 entering the confirmation code from the SMS message sent to the phone number entered by the User;
3.6.3 Checking the checkbox with the text "I agree to the processing of personal data and accept the terms of the User Agreement";
3.6.4 clicking on the "Continue" button;
3.7 The Company has the right to request additional documents from the User to confirm their identity.

4. Terms of Use of the Service


4.1 The User is allowed to:
4.1.1 Get access to the Service, including access through the web version of the Service or by installing the Ozcar mobile application;
4.1.2 Search for vehicles available for rent;
4.1.3 Interact with the Owner or the User regarding the rental of the Vehicle;
4.1.4 Pay for Vehicle rental and insurance;
4.1.5 Interact with the Company regarding the use of the Service;
4.1.6 Perform other actions related to renting through the Service and not prohibited by the Company.
4.2 The User is prohibited from:
4.2.1 Modifying the Service, including (but not limited to) modifying, decompiling, disassembling, decrypting and performing other actions with the object code of the Service;
4.2.2 Using the Service in a way that is not stipulated in the Agreement;
4.2.3 Distributing, copying or otherwise making the Service available to the public.
4.3 The User must duly perform all obligations, comply with the restrictions and prohibitions stipulated in the Agreement and the Rules of Service.
4.4 The Service is available around the clock, except for the time of preventive maintenance.
4.5 For the User's failure to comply with the terms of the Agreement, the requirements of the Legislation and the Rules of Service, the Company has the right to:
4.5.1 Terminate the User's access to the Service, notifying the User thereof, until the violation is eliminated;
4.5.2 Terminate the Agreement unilaterally and delete the User's account if the violation is not eliminated within a month from the date of notification of the User.

5. Creating a request filter by the Owner


5.1 Creation of request filters for leasing the vehicle is possible after the registration of the Owner in the order provided by section 3 of the Agreement.
5.2 Request filters are created in the following order:
5.2.1 The Ownerinitiates the creation of a filter by tapping the "Rent" button in the mobile app or on the Service's website.
5.2.2 The filter is formed in the format of a dialogue with the virtual assistant containing closed questions with multiple answers.
5.2.3 All questions are mandatory and there is no option to skip answers.
5.2.4 After creating a request filter, the Owner has the opportunity to customize its name, as well as manage notifications about requests for this filter.
5.2.5 Enable the "Instant Booking" function.

6. Creation of a request by the Renter


6.1 Creation of a request is possible after registration of the Renter in the order provided by section 3 of the Agreement.
6.2 Creation of a request is entitled to individuals who have reached the age of 18 and have a valid driver's license of category "B" with at least 1 year of driving experience.
6.3 Creation of a request is carried out in the following order:
6.3.1 The Renter initiates the creation of a filter by tapping the "Find" button in the mobile app or on the Service's website.
6.3.2 The request is formed in the format of a dialogue with the virtual assistant, containing closed questions with multiple answers.
6.3.3 All questions are mandatory and there is no option to skip answers.
6.3.4 During the creation of a rental request, the Service has the right to request photos of the Renter's passport and driving license.
6.3.5 After creating the request, the Renter has the opportunity to send it to the Owners for review by clicking "Send Request" checking the checkbox that reads "I consent to the processing of personal data".
6.4 The Renter undertakes to provide true and complete information about themselves and to keep this information up to date.
6.5 The company conducts a check of the Renter's identity and solvency.
6.6 The Company has the right to refuse to provide Renter with the Service in the following cases:
6.6.1 The Renter does not meet the requirements provided for in clause 6.2 of the Agreement.
6.6.2 Provision by the Renter of incomplete and (or) inaccurate information.
6.6.3 The Renter has a debt on the lease of the Vehicle.
6.6.4 The Renter has already sent a Reservation request for the same dates.
6.6.5 The Renter has created multiple accounts on the Service.
6.6.6 For another reason, due to which the Company deems it necessary to refuse to provide services to the Renter.

7. Creating Offers by the Owner


7.1 The Owner receives requests in the mobile application or on the website of the Service.
7.2 The Owner has the right to offer the Vehicle available for rent on the rental dates to the Renter.
7.3 The offer of the Vehicle must contain reliable information about the cost and all characteristics of the Vehicle.
7.4 Deliberate or accidental misrepresentation of the data about the Vehicle and its availability for rent is a violation of this Agreement and in case of its systematic and frequentative repetition may lead to a unilateral termination of cooperation between the Service and the Owner.
7.5 After receiving information and a list of Vehicles available for rent, the Renter has the opportunity to contact the Owner to clarify the details of the future rental.

8. Payment and cancellation


8.1 The preliminary rental agreement is considered concluded between the Owner and the Renter from the moment the Reservation is confirmed.
8.2 Payment for reservations and related services is made only through the Service. Payment is made only in a non-cash form, by credit and debit cards issued in the name of the Renter.
8.3 When the Renter sends the Reservation request, the Company temporarily blocks the funds on the card account of the Renter in the amount of the advance payment in accordance with the payment information entered by the Renter.
8.4 The service of payment through the acquiring system is carried out in accordance with the rules of international payment systems on the principles of confidentiality and security of making a payment, for which methods of verification, encryption and data transmission through closed communication channels are used.
8.5 The user assumes all possible risks associated with errors made by them while providing the payment information.
8.6 The Company recognizes as a User any person who has passed the registration procedure, submitted payment information to make a rental payment and uses the Service in accordance with its functional purpose. Such persons are subject to the provisions of the Agreement.
8.7 Communication between the Owner and the Renter can be carried out using the phone numbers specified during registration and displayed in the Service.
8.8 After the start of the rental, the Renter has the right to request only an extension of the trip.
8.9 Prior to the transfer of the Vehicle, each of the Parties has the right to unilaterally withdraw from the rental and terminate the Agreement. Cancellation of the rental is made by clicking on the "Cancel the rent" button. Refusal to rent must be motivated.
8.10If the Company finds the reasons for refusal unreasonable, the Owner or the Renter who refused to rent shall be liable in accordance with the Rules of Service.
8.11 The Owner can cancel the vehicle Reservation, with full compensation of the paid advance, 24 hours before the start of the rental.
8.12 Refunds are made within 2-3 banking days.
8.13 In case of cancellation of the Vehicle Reservation less than 24 hours before the start of the rental, the advance payment is not refundable.

9. Return of the Vehicle


9.1. The Renter returns the Vehicle to the Owner at the place of its receipt, unless the parties agree otherwise.
9.2 By completing the rental, the Parties confirm the return of the Vehicle. In the event that the Renter has transferred the Vehicle to the Owner on the day the rental ends and the Parties to the rental agreement have no objections regarding the execution of the Rental Agreement, the Company shall pay the rental cost to the Owner of the Vehicle in accordance with the Rules of Service and the terms of the Agency Agreement.

10. Reimbursement of losses


10.1 The Owner agrees that the Company does not guarantee compensation for losses by the Renter and is not responsible for the losses inflicted by the Renter.
10.2 If the Renter fails to pay for the losses and it is impossible to automatically debit funds from the Renter's card account, the Company has the right, at its discretion, to reimburse the Owner for the losses caused by the Renter in the amount of not more than 10,000 (ten thousand) rubles.
10.3 The Owner has the right to recover the remaining amount from the Renter in court.
10.4 In cases provided for by the Legislation, the Renter also has the right to request compensation for his losses by the Owner.

11. Reviews and rating


11.1 The Owner of the Vehicle has the right to leave a review, comment and assessment to the Renter using the functionality of the Service.
11.2 The Renter also has the right to leave a review, comment and assessment of their interaction with the Owner.
11.3 The Service automatically generates the average rating of the User based on reviews, comments and assessments.
11.4 The review must not contain illegal, malicious, threatening information, offend anyone, violate copyright, promote hatred or discrimination against people.
11.5 The Company reserves the right to edit or remove reviews that violate the Agreement.
11.6 Under any circumstances, the Company is not responsible for the content of User reviews and the consequences of their publication.

12. Liability of the Parties


12.1 For improper performance of the terms of the Agreement, the parties shall be liable in accordance with the Legislation, the terms of the Agreement and the Rules of Service.
12.2 In cases provided for by the Rules of Service, the Company has the right to delete the User's account and block the possibility of their re-registration.
12.3 The Service is provided to the User "as is" in accordance with the internationally accepted principle. This means that the Company is not responsible for problems arising during the installation, updating, support and operation of the Service (including compatibility problems with other software products (packages, drivers, etc.), inconsistency of the results of using the Service to the expectations of the User, etc.). The User must understand that they are fully responsible for possible negative consequences caused by the incompatibility or conflicts of the Service with other software products installed on the User's personal computer or mobile device.
12.4 The User is solely responsible to third parties for their actions related to the use of the Service, including if such actions lead to a violation of the rights and legitimate interests of third parties, as well as for compliance with the Legislation when using the Service.
12.5 The Company shall not be liable for any damages resulting from the User's use of the Service or individual parts/functions of the Service.
12.6 The Company shall not be liable for the timing or quality of services provided by third parties, nor for their actions (inaction), including Owners, banks, etc., as well as for the failure of such parties to provide services.
12.7 By using the Service, the User acknowledges and accepts that the Company is not responsible for the Owner's refusal to return the payment to the User. The User also accepts the condition that any legal claims under the Vehicle Rental Agreement against the Company by the User are groundless.
12.8 The Company is responsible for the timing and quality of the services, as well as for refusing to refund the User's payment only if the Owner under the contract is the Company. Information about who is the Owner under the contract with the User is posted in the Service.
12.9 In all circumstances, the Company shall be liable in accordance with the law of the State of Delaware, USA, provided that there is guilt in its actions established by the court.

13. Force Majeure Circumstances


13.1 The parties shall be released from liability if the obligations have not been fulfilled or have been improperly fulfilled due to force majeure circumstances arising after the conclusion of the Agreement, which the Party referring to such circumstances could not have foreseen and prevented by reasonable measures.
13.2 Force majeure means extraordinary and insurmountable under the given conditions circumstances that prevent the Parties from performing their obligations under the Agreement. These include natural phenomena (earthquakes, floods, etc.), epidemics, circumstances of public life (military actions, states of emergency, major strikes, etc.), prohibitive measures of public authorities (prohibition of transportation, currency restrictions, international sanctions, ban on trade, etc.).
13.3 The party referring to force majeure circumstances shall confirm such circumstances by documents issued by authorized state bodies or other admissible evidence. The Party referring to force majeure circumstances shall notify the other Party within 10 business days.
13.4 During this time, the Parties have no mutual claims and each Party assumes their own risk of the consequences of force majeure circumstances.

14. Processing of personal data


14.1 In order to fulfill its obligations under the Agreement, the Company processes the submitted User's data indicated when using the Service.
14.2 The period of storage of the User's personal data is not limited. The Company processes the Users' personal data until the Users withdraw their respective consent.
14.3 When processing personal data, the Company is guided by the relevant state legislation (California Consumer Privacy Act, Delaware Online Privacy and Protection Act, etc.).
14.4 The user has the right to withdraw their consent by drawing up a corresponding written document, which can be sent to the Company by registered mail with confirmation of receipt, as well as to the e-mail address of the Company, or delivered personally to a representative of the Company against a signed receipt. In the event of receiving a written request to withdraw consent to the processing of personal data, the Company is obliged to stop processing them.
14.5 The User understands and agrees that as a result of failures, technical malfunctions, actions of third parties, including (but not limited to) a virus or hacker attack, the User's data posted on the Service may become available to third parties. The User undertakes not to file any claims against the Company for damages (losses) incurred in connection therewith.
14.5 The Company processes only the User's data that is necessary for the execution of the Agreement.

15. Validity of the Agreement


15.1 The Agreement comes into force from the date of acceptance and is valid until terminated by the Parties or the offer is withdrawn.
The Agreement is terminated by deleting the User's account in the manner prescribed by the Rules of Service.
15.2 A simple (non-exclusive) license under the Agreement applies to all subsequent updates / new versions of the Service.
15.3 The Company has the right to change the Agreement unilaterally. The changes will take effect on the next day after the new version of the Agreement is posted in the Service. Users undertake to independently familiarize themselves with the current version of the Agreement each time before using the Service.
15.4 Use of the Service means the User's consent to the latest version of the Agreement. In case of disagreement with any provision of the Agreement and (or) its annexes, the User must stop using the Service.
15.5 The Company has the right to withdraw the offer on the basis of the relevant state legislation. The agreement is considered terminated upon receipt of the withdrawal. The withdrawal is carried out by posting the relevant information in the Service.
15.6 This Agreement may be terminated prematurely:
15.6.1 by mutual agreement of the Parties;
15.6.2 at the initiative of the Company in a unilateral extrajudicial procedure in case of violation of the terms of this Agreement by the User.

16. Validity of the Agreement


16.1 Interaction between the Parties is carried out using the functionality of the Service or contact information specified by the Users during registration.
16.2 Messages sent via e-mail and other means of communication are electronic documents, equivalent to paper documents signed by the User's handwritten signature (when sending an electronic message by the User) or an authorized person of the Company (when sending a personal message on behalf of the Company).
16.3 Users guarantee that the content of the account, as well as any uploaded materials, including photos, do not violate the rights of third parties, the norms of the current legislation, including legislation on personal data, do not encumber the rights of third parties, do not entail obligations to pay remuneration to third parties.
16.4 Possible disputes and disagreements regarding the execution of the Agreement shall be regulated by the Parties through negotiations. The minimum period for consideration of a claim is 14 (fourteen) calendar days.
16.5 Unresolved disputes under the Agreement shall be referred to the court at the Company's location.
16.6 In all matters not regulated by this Agreement, the Parties shall be governed by the applicable laws of the State of Delaware, USA. Before accepting the Agreement, the User must read the following documents:
16.6.1 "Personal Data Processing Policy", permanently posted to the public domain on the Service;
16.6.2 "Agency Agreement". The text of the standard form of the contract is permanently posted in the public domain on the Service;
16.6.3 "Preliminary Lease Agreement". The text of the standard form of the agreement is permanently posted in the public domain on the Service;
16.6.4 Rules of Service, permanently posted in the public domain at https://ozcar.app/support.

14. Company details


EvaSoft Corporation
Legal address 2810, N Church St, PMB 52218, Wilmington, DE, 19802, USA
Postal address 2810, N Church St, PMB 52218, Wilmington, DE, 19802, USA
E-mail support@ozcar.app