Terms of Service

Introduction

BikesBay.Cloud, hereinafter referred to as the System, is a Software as a Service (SaaS) that provides comprehensive solutions for managing vehicle rentals through a website and mobile application, including the following key features:

• Booking and Customer Database Management: The System allows users to effectively manage bookings and customer information, ensuring real-time data integration.
• Payment Tracking and Analytics: Monitoring payments, fines, and other financial transactions using a powerful analytical tool, accessible via both web and mobile application.
• Mobile Application with QR Code Feature: Scanning a vehicle's QR code instantly provides access to its profile and automatically inputs booking data, reducing preparation time and simplifying the rental process.
• Real-Time Additional Operations: Updating mileage, starting and ending bookings, and linking expenses to a specific vehicle can be performed directly through the mobile application, speeding up workflows.
• Document Printing and Vehicle Status Management: Integration with Wi-Fi printers for instant printing of rental agreements and advanced app features for managing vehicle statuses in various situations ensure seamless operation on-site. This includes changing statuses during delivery, return, service, and other operations related to managing the rental fleet.
• Notification System: The System offers the ability to set reminders for vehicle maintenance, such as oil changes for specific vehicle models, based on mileage data. This helps system users to timely conduct necessary maintenance procedures and keep the transport in optimal condition.
• User Management Flexibility: System Users can create sub-accounts for their employees, which improves coordination and control over workflows. This enhances the overall productivity and efficiency of rental companies, making them more competitive and capable of providing high-quality services to their Rental Clients.

Definitions

System Owner — An individual or legal entity that manages this service and is responsible for complying with data protection and confidentiality principles in accordance with the GDPR and other applicable data protection laws.

System User — A company or sole proprietor who uses our System to manage their vehicle rental business, including, but not limited to, cars and motorcycles. They register in the System, creating accounts to access and utilize the system's functionality for their commercial purposes.

Rental Client — An individual who rents a vehicle from our System User. This data includes information necessary for arranging the rental, such as name, contact details, and payment information.

Personal Data — Information about identifiable individuals that can be entered into the System by System Users and their employees. This information may include the name, surname, email address, and telephone number of rental clients. System Users may also, at their discretion, add additional data, including document scans. The introduction of any personal data occurs at the discretion of the System Users, based on their business needs and the requirements of servicing Rental Clients.

Registration and Account Management

To begin using the BikesBay.Cloud System, potential System Users must go through a registration process. On the registration page, the following fields need to be filled out:

Company Name: The official name of your company as registered in legal documents.

Your Name: The name of the person responsible for using the system.

Username: The preferred username for system login.

Email: The email address where notifications and registration confirmation will be sent.

A captcha is also included on the registration page to protect against automated spam and bots.

Agreement to Terms

Before completing registration, the following conditions must be accepted by checking the corresponding checkboxes:

• "I have read and agree to the Terms of Service, which include data processing and confidentiality practices described in the Data Processing Addendum and Privacy Policy.”
• "I confirm that I have read and understood the Privacy Policy and Terms of Service.”

The system will not allow registration to be completed without confirmation of these conditions.

Account Activation

After filling in all required fields and agreeing to the terms, a potential System User can press the "Register" button, after which the system will create an account and issue a temporary password. Registration requires further activation of the account by the system owner within 48 hours. If the registration is declined, the system owner may not notify the applicant, and the name and email of the potential System User will be deleted from the System's database without further notice.

Free Plan:
Upon approval of registration, the System is free for System Users whose rental fleet contains up to 20 units of motorcycles and no more than 10 units of cars. For System Users exceeding these limits, a subscription is required, the terms of which are determined in an individual agreement with the System Owner.

If the account is approved, the System User can use the temporary password to log into the system and then change it to a preferred one through the system interface.

Password Security and Confidentiality

To ensure the security of accounts, the System employs modern encryption and password storage methods. All passwords are stored in encrypted form, and no system employee or administrator has access to their original form. System Users are advised to regularly update their passwords to enhance the security of their accounts. Passwords should be complex, combining letters, numbers, and special symbols to maximally protect the account from unauthorized access.

At the first registration, a System User is given a temporary password, which must be changed after account activation. This precaution is aimed at enhancing the initial security of the account. System Users are also required to adhere to confidentiality rules when using their passwords and not to share them with third parties.

Rights and Responsibilities of System Users

Rights of System Users

1. Access to the System: System Users have the right to use the functionality of the System in accordance with the terms set in their individual agreement with the System Owner. This includes access to tools for managing vehicle rentals, payment accounting, and analytics. The Privacy Policy and addenda related to data processing govern how the System processes personal data in accordance with GDPR and other applicable laws.
2. Information Support: System Users have the right to receive up-to-date information about any changes in the terms of use of the System, technical updates, and other important notifications from the System Owner

Responsibilities of System Users

1. Adherence to Privacy Policy: System Users are obligated to comply with the System's Privacy Policy and Terms of Service, including all updates. This commitment includes protecting the personal information of Rental Clients and complying with data protection legislation.
2. Proper Use of the System: System Users are required to use the System only for lawful purposes and to avoid actions that could harm the System or its users. This includes preventing the spread of malware, unauthorized data distribution, and misuse of system resources.
3. Responsibility for Entered Data: System Users are fully responsible for the accuracy and legality of the information entered into the System. Failure to comply with these requirements may lead to temporary or permanent suspension of access to the System.

Data Processing

The System processes personal data provided by System Users during their use of the System, including, but not limited to, data from System Users and their Rental Clients. These data are collected and used for managing accounts and bookings, and may also be applied for identifying clients in case of violations. Detailed information about the types of data collected, the purposes for their use, as well as the rights of data subjects is available in our Privacy Policy.

Limitation of Liability

The System Owner is not liable for any direct, indirect, incidental, special, or consequential damages resulting from the use or inability to use the System. This includes, but is not limited to:

1. Service Interruptions: The System Owner makes every effort to ensure continuous operation of the System, but does not guarantee the absence of temporary failures and interruptions due to reasons both within and beyond his control. The System Owner is not responsible for such interruptions.
2. Errors and Omissions: The System is provided on an "as is" and "as available" basis. The System Owner does not guarantee the accuracy, completeness, or reliability of the information contained in the System, including data provided by System Users.
3. Data Loss: In accordance with GDPR requirements, the System Owner takes all necessary technical and organizational measures to protect personal data from accidental or unlawful destruction, loss, alteration, unauthorized disclosure, or access. This includes the use of modern encryption technologies, regular security audits, and other measures to ensure data security. However, no system can provide an absolute guarantee of security, and the System Owner cannot be held responsible for the actions of third parties, such as hackers, who may illegally access data.
4. Interactions with Third Parties: The System Owner is not responsible for the actions of third parties, including other System Users, third-party service providers, or other aspects that may be used in conjunction with the System.

Changes to the Terms of Service

The System Owner reserves the right to make changes to the Terms of Service at any time, to reflect:

• Changes in legislation;
• Changes in the functionality of the System;
• Data security and privacy requirements;
• Significant economic factors, such as inflation or currency devaluation, which may affect the operating costs of the System.

Procedure for Making Changes

1. Notification: System Users will be notified of any changes to the Terms of Service, including changes in the cost of services, at least 45 days before the changes take effect. Notification will be made through official communication channels, including email and notifications within the System.
2. Access to Updated Terms: The new version of the Terms of Service will be available on the official System website and in the user interface. Users can review the changes directly through their accounts.
3. Consent to Changes: Continued use of the System after the changes take effect, except for price changes, will be considered acceptance of these changes. New prices take effect 45 days after notification. Continued use of the System after this period is only possible after payment at the new rates. In case of non-payment, the procedures described in the section on the consequences of non-payment apply.

Frequency of Changes

The System Owner strives to minimize the frequency of changes to the Terms of Service to ensure stability and predictability for System Users. However, changes may be made as necessary to reflect:

• Significant changes in legislation;
• Significant changes in the functionality or operational environment of the System;
• Critical data security and privacy requirements;
• Serious economic fluctuations that may affect the cost of providing services.

All changes will be accompanied by clear notification, as described above, and System Users will have the opportunity to review them before they take effect.

Consequences of Late Payment

• Deactivation for Non-Payment: : If a System User fails to make payment for the use of the System within the specified timeframe, especially after changes in tariffs, the System Owner has the right to deactivate access to the System for the User and all their sub-accounts for a period of up to one week.
• Account Deletion: If payment is not received within a week following deactivation, the System Owner has the right to delete the System User's account along with all associated data.

Dispute Resolution

In the event of disputes or disagreements related to the use of the System, System Users are encouraged to first contact the System Owner via email at [email protected]. All inquiries will be reviewed within one week of their receipt.

• Review Procedure: Upon receiving a request, the System Owner is obligated to review the issue and propose a solution based on the specific circumstances and problems outlined in the request.
• Legal Settlement: If the proposed solution does not satisfy the parties, they may seek resolution through the judicial system, the jurisdiction of which is determined by the place of registration of the System Owner.

Termination of Service Use

The System Owner and System Users may terminate their use of the service under the following terms:

Initiated by System User

Voluntary Termination: System Users may discontinue using the System at any time without the need to notify the System Owner in advance. Payment for the service is made on a prepaid basis and is generally non-refundable. However, a System User may request a refund for the last month's payment if they provide a justified reason for discontinuing the use of the System within seven days after making the payment.

Account Deletion: System Users have different roles. The primary role is that of a Business Owner or super admin, who can create various sub-accounts. These sub-accounts may have lower privileges and any other roles. When a sub-account is deleted, only the user's personal information, such as name, contact details, phone number, or email, is deleted, while all business-related data, such as booking numbers and complete booking information, remain in the System. If the Business Owner or super admin deletes their account, all associated data, including business-related data and all sub-accounts, will be permanently deleted within 24 hours.

Initiated by System Owner

1. Non-fulfillment of Obligations: The System Owner reserves the right to terminate a System User's access to the System in case of non-compliance with the terms of the agreement, including non-payment on time and violation of the data use policy. The User will be notified of the termination of access with reasons and the termination date provided.
2. Judicial or Administrative Orders: The System Owner may terminate access to the System if required by law or as a result of a judicial/administrative order.

General Provisions

Data Retention: After termination of use, the System User's data will be retained or destroyed in accordance with the Privacy Policy and applicable legislation.

Contact Information

For any questions or inquiries related to the Terms of Service of the System, System Users may contact the System Owner at the following email address:

• Email: [email protected]