WHIM SERVICE TERMS

Effective date: 10. April 2019

WHIM as a Service

At MaaS Global, we believe owning a car doesn’t make much sense anymore. The Whim application, developed by MaaS Global, covers all your mobility needs: whether it’s public transport, taxi, car hire; bike, car or e-scooter sharing; or other transportation modes, you can have it via Whim. Whim is an affordable, hassle-free alternative to car ownership.

Transportation modes and services which are available through Whim vary from area to area. While there may be differences in available modes, there will always be a good way to move around the area where Whim is available. We encourage using Whim in an environmentally sustainable way. This means striking a healthy balance between different transport modes and finding the most optimal and sustainable way to ensure that the use of the transport modes does not favor one transport mode over another. This approach allows for the most sustainable use of Whim and leads to a more flexible mobility experience for you.

You can choose different Plan options with Whim: You can travel smart by choosing an automatically renewed periodic Plan or simply ‘’pay as you go’’. The current Plan options in your area will always be found in Whim.

Please read these Terms carefully as they contain important information about your rights and obligations.

1. Acceptance of Terms

These Whim Service Terms together with the Privacy Policy and all other additional terms and information that are provided to you within or in connection with the Whim application, Transport Services or your Plan (collectively “Terms”) govern your use of the Whim app and the related services made available through the Whim (collectively the “Service”). You accept the relevant Terms by using the Service. MaaS Global has the right to supplement and amend Terms, provided that the additional terms and conditions are not to the detriment of or in conflict with these Terms.

The Terms constitute an agreement between you and MaaS Global Ltd, Lönnrotinkatu 18, 00120 Helsinki, Finland (“MaaS Global”), defining your and MaaS Global’s rights and responsibilities with respect to the Service.

MaaS Global is responsible for ensuring functionality of the Whim app and ensuring that you have access to Transport Services provided and operated by selected Transport Service Providers that have been engaged for the provision of the Service by MaaS Global in accordance with the marketing information and Terms which you accept by using the Service.

2. Eligibility and Registration

To use the Service, you must have reached the age of legal competence according to the applicable legislation. If you have not reached the age of legal competence, you may register to and use the Service only with and in accordance with the prior consent of your parent or legal guardian. Parents can give or cancel their consent to use the Service by contacting Whim Customer Care.

To be able to use the Service you need to create a profile within the Whim application. Anyone creating the profile must be legally competent to do so.

You agree to provide truthful and complete information when you create your profile and use the Service and to keep that information updated. You, and your parent or legal guardian if you are a minor, are personally responsible for any use of the Service with the profile you have created.

3. Using the Service

You have a non-exclusive, non-transferable right, revocable at any time at MaaS Global’s reasonable discretion, to use the Service strictly in accordance with the Terms.

As part of the Service, you have access to transport services provided and operated by selected transport service providers that have been engaged for the provision of the Service by MaaS Global (collectively “Transport Services”). Your use of certain Transport Services is subject to separate additional terms specific to the applicable Transport Service. You must review such Terms before using the applicable Transport Service. You can find all our Transport Service provider terms here and from the Whim app.

Service Providers are responsible for ensuring that the Transport Services offered are delivered in accordance to their service terms and complying with all laws, rules and regulations that apply to their service.

As part of the Service, MaaS Global may provide you with information and content (such as tickets, routes, timetables and other information) owned by MaaS Global, its licensors, or Transport Service Providers (collectively “Content”). MaaS Global grants you a non- exclusive license to use Content in connection with the Service and solely for the purpose it is intended. You are bound by any specific restrictions that may be applicable to a specific Content you obtain through the Service. Use of the Service does not grant you any further rights in or to any Content in the Service.

You agree to:

  • Comply with applicable laws and the Terms;
  • Use the Service and Content only for your personal, non-commercial purposes; and
  • Obtain any consents, permission or licenses that may be legally required for you to submit any information to the Service.

Since MaaS Global is constantly developing the Service, MaaS Global may, but has no obligation to:

  • Monitor or moderate any Content
  • Remove any Content from the Service; and
  • Restrict access to any part of the Service at any time at its reasonable discretion.

MaaS Global will notify all major changes to the Service and Content in advance according to clause 10. Availability, Changes and Technical Requirements.

MaaS Global may terminate your profile or restrict your access to certain parts of the Service if MaaS Global reasonably believes that you have breached the Terms or with prior notice if you have not used the Service in the past six (6) months.

You may terminate your profile if you no longer wish to use the Service by sending a request to MaaS Global Customer Care. After termination, you will no longer have access to the Service.

4. Notices

MaaS Global may post notices within the Service. MaaS Global may also send you notices about the Service to the email address or telephone number you have provided.

5. Fees

Use of certain features of the Service is subject to fees. Any fees collected by MaaS Global will be communicated separately in the Service.

Use of the Service involves transmission of data through your network service provider’s network. Prices listed within the Service do not include data transmission or other service provision that may be charged by your network service provider. MaaS Global assumes no responsibility for the payment of any fees charged by your network service provider.

6. Order and Payment Terms

“Order” shall mean the selection of payable Content and/or Transport Services on a case-by- case basis and/or automatically renewed periodical Plan to Transport Services through the Service. All Orders are subject to acceptance by MaaS Global.

You may pay by valid credit card or other payment methods if available. You agree to pay all fees related to your Order.

When the Order is an automatically renewed periodic Plan, you authorize the Service to place a periodic charge for the duration of the Plan until you discontinue it.

The fees for the Transport Services may change from time to time. The fees include applicable taxes in effect at the time of your transaction, unless otherwise stated. There may be instances where you incur additional charges from your payment method provider based on currency conversion rates used and/or additional fees applied. MaaS Global assumes no responsibility for the payment of bank or any other third-party service fees or charges.

7. Cancelling an Order and discontinuation of Plan

You agree to the electronic delivery of Content being initiated concurrently with the placement of your Order. You may not be able to cancel your Order once it has been processed.

You may discontinue the renewal of your automatically renewed periodic Plan to Transport Services through the Service at any time during a currently ongoing billing period. As the result of such discontinuation, your subscription will cease at the end of the currently ongoing billing period and will thereafter not be renewed. Discontinuation does not result in refunding actions for any days remaining during a currently ongoing subscription period.

If you encounter any problem with your Order, please contact MaaS Global Customer Care.

8. Feedback to MaaS Global

By submitting any ideas, feedback and/or proposals (“Feedback”) to MaaS Global through the Service or other means, you acknowledge and agree that: (1) MaaS Global may have similar development ideas to the Feedback; (2) your Feedback does not contain confidential or proprietary information of you or any third party; (3 ) MaaS Global is not under any obligation of confidentiality with respect to the Feedback; (4) MaaS Global may freely use, distribute, exploit and further develop and modify Feedback for any purpose; and (5) you are not entitled to any compensation of any kind from MaaS Global for the Feedback.

9. Information Sharing

You may use features in the Service to share your location, calendar or other information. By using these features, you agree that MaaS Global may use and provide that information to Transport Service providers and to other entities and persons as necessary for the provision of the Service.

10. Availability, Changes and Technical Requirements

As MaaS Global is constantly developing the Service, it may change, correct or discontinue the Service in whole or in part in your area at its sole discretion. The availability of the Service, particularly specific Transport Services and Content may also vary from time to time. MaaS Global expressly disclaims any representation or warranty that any particular Transport Service or Content will be available. MaaS Global will notify all major changes to

the Service in advance. That means that you can terminate your automatically renewed periodic Plan before the change comes into effect.

The Service may not be available during maintenance breaks and other times. The Service may not be available in all countries and may be provided only in selected languages. Some features of the Service are dependent on the network and the device compatibility.

To ensure you have the latest Whim application, your device may automatically check for the availability of application updates. If MaaS Global considers an update to be important or critical you may not continue using the previous version of the application. MaaS Global may prevent your use of the previous version of the application until you install the update.

If the Service is discontinued or canceled, MaaS Global may permanently delete the information you have submitted to the Service. MaaS Global has no obligation to return any information to you after the Service is discontinued or canceled.

11. Advertisements

The Service may include advertisements. Advertisements may be targeted based on the queries you have made through the Service, or on the basis of other information you have provided.

12. Personal Data

You need to provide MaaS Global certain personal data when creating the profile and using the Service. The Privacy Policy and any additional privacy information that may be made available to you in the Terms govern the use of your personal data.

Except as set forth in the Privacy Policy, MaaS Global is not responsible for any removal or loss of the information you have submitted to the Service. When information is removed from the Service by either you or MaaS Global, traces or copies may remain elsewhere.

13. Service Error Conditions and Limitation of Liability

The Service is provided on an “AS IS” and “AS AVAILABLE” basis to the extent permitted under the applicable legislation. MaaS Global does not warrant that the Service will be uninterrupted or error or virus-free. No warranty of any kind is made related to Service.

There is an error in the Service if the Service does not match what has been agreed between you and MaaS Global or promised by MaaS Global in its marketing information.

MaaS Global shall correct the errors without delay at its own expense. However, MaaS Global may refuse to correct an error if it would incur unreasonable costs or disproportionate harm. If an error is not corrected without delay or if the error cannot be corrected, you may be entitled to a price reduction equivalent to the error.

However, no minor changes or deficiencies in the Service as a whole, which you may reasonably be prepared for by the nature of the Service are not considered to be errors.

Claim for the error must be provided to MaaS Global within a reasonable time after you have discovered, or you should have discovered the error.

Damage suffered due to an error in the Service will be compensated in accordance with applicable laws. Except for liability for death or personal injury caused by its gross negligence or intentional misconduct, MaaS Global is not liable for any direct damages caused by your use or inability to use the Service. In no case will MaaS Global be liable for any indirect, incidental, punitive or consequential damages resulting from your use or inability to use the Service.

14. Indemnification

You acknowledge that any breach of the Terms may result in a liability based on the nature of the breach and other circumstances. You agree to defend and indemnify MaaS Global from and against all third-party claims and all liabilities, assessments, losses, costs or damages resulting from or arising out of your breach of the Terms.

Examples of conduct that constitutes such breach of the Terms:

  1. Modifying the application code to access rides without payment or otherwise hacking Whim systems;
  2. Allowing someone else to use Whim with your profile;
  3. Violating the terms and conditions of the transport service providers and/ or causingextraordinary expenses for the transport service providers or MaaS Global;
  4. Committing fraud or any other crime while using Whim service by:
    • –  Falsifying evidence and trying to claim refunds with this evidence;
    • –  Using someone else’s payment card without their consent; or
    • –  Not paying the automatically renewed periodic Plan fee or other applicable fees.
  5. Using the Service for commercial purposes; or
  6. Using the Service against its intended purpose.

15. Miscellaneous

15.1 Governing Law

The Terms are governed by the laws of the Finland without regard to its conflicts of law provisions.

15.2 Validity

The Terms neither exclude nor limit any of your mandatory rights in your country of residence that cannot by law be waived. If a provision of the Terms is found to be invalid under mandatory legislation, the invalid provisions have no legal or binding force. The rest of the Terms remains valid. In the event one or more provisions of the Terms are not relevant to your use of the Service, it shall not impact the validity or enforceability of any other provision of the Terms or the Terms as a whole. If there is any conflict between these Whim Service Terms and the Privacy Policy, the provisions of these Whim Service Terms prevail. The provisions of the Terms that are intended to survive the termination of your profile remain valid also after such termination.

15.3 Changes to Terms

MaaS Global and Transport Service providers may modify the Terms at any time without prior notice. You are responsible for regularly reviewing the Terms. Your continued use of the Service constitutes your consent to any changes and modification.

Notwithstanding the foregoing, if the Terms are changed in a material, adverse way, MaaS Global will use reasonable efforts to provide you a separate prior notice advising of the change according to to clause 10. Availability, Changes and Technical Requirements.

16. Intellectual Property

The Service, Content and related materials are protected under international copyright laws. MaaS Global claims copyrights in its Service, Content, and the related materials to the maximum extent of the law. Subject to the Terms, MaaS Global, its licensors and Transport Service providers retain all right, title and interest in the Service, Content and the related materials provided to you in or in connection with the Service.

17. Assignment

MaaS Global may assign its rights and obligations under the Terms to its corporate parent, its subsidiaries, or to any company under common control with MaaS Global. Additionally, MaaS Global may assign its rights and obligations under the Terms to a third party in connection with a merger, acquisition, sale of assets, by operation of law or otherwise.

18. Disputes

If a dispute concerning the Terms cannot be resolved through negotiation between you and MaaS Global, you can submit the matter to the Consumer Disputes
Board (www.kuluttajariita.fi) for resolution.

Before taking the matter to the Consumer Disputes Board, you should contact the Consumer Advisory Service (www.kuluttajaneuvonta.fi)