User Agreement

This User Agreement (hereinafter referred to as the “Agreement”) regulates relations with users of the MISTO platform.

This Agreement is concluded by the User with ROCK IT Limited Liability Company, code 41717846 (hereinafter referred to as the Company). The Company owns all property rights to the information and communication system “MISTO Digital Services Platform”, including the rights to administer and provide access to the MISTO platform.

This Agreement is a contract of adhesion in accordance with Article 634 of the Civil Code of Ukraine. Downloading the MISTO application means certainly consent (acceptance) with this Agreement, acceptance of its terms and conditions and obligations arising from the use of the MISTO platform.

The User agrees and accepts the terms and conditions of this Agreement by downloading the MISTO application through the Apple App Store, Google Play, Huawei AppGallery, or other platforms for distributing and downloading applications. The terms of this Agreement apply to all users of the platform – both registered and unregistered.

1. TERMS

1.1. For the purposes of this Agreement, the following terms have the following meanings:

1.1.1 MISTO platform means software, including the MISTO application, developed for the processes of interaction and access by Users through mobile devices to information and services of public transport, parking, voting and other services offered by local governments, state authorities, enterprises, institutions, organisations, etc., as well as for entering and receiving information about the state of the environment, voting results, other information about the environment of the locality in which the user is located. The MISTO platform is provided for personal use.

1.1.2. The User is a person who is at least 18 (eighteen) years old, has full civil capacity, and has downloaded the MISTO application and uses the MISTO platform for personal purposes (without resale and commercial purposes).

1.1.3. Account is a set of User data and authorization data (login, password, phone number), including information about the personal data, that is provided by the User during registration and use of the MISTO platform.

1.1.4. Service and Information Provider is a third party (local government, public authority, enterprise, institution, organization, etc.) that provides and/or offers the User information about the city, parking, transportation, other services and information through the MISTO platform.

2. GENERAL TERMS OF USE OF THE MISTO PLATFORM

2.1. The User understands that access to the platform is provided by downloading a computer program (the MISTO application) and using it, as well as by entering the relevant data and using the platform's software functions.

2.2. To get access to the MISTO platform, the User should download the MISTO application and register through the application, and as a result, a unique user account is created, which provides access to the services and information of the city where the User is located.

2.3. Only those Users who have agreed and accepted the terms of this Agreement may use the MISTO platform. The latest current version of the Agreement is available on the official website of the MISTO platform or directly in the MISTO application. Before starting to use the MISTO platform, the User should read this Agreement and confirm its acceptance of its terms. In case of refusal to accept the terms of the Agreement, the User should stop using the MISTO platform.

2.4. In order to register and use the MISTO platform, it is necessary to provide consent to the processing of the user's personal data. This is due to the fact that access to the platform services can be provided in full after receiving certain information about the User. Access to certain services that require additional data verification (e.g., User verification during voting, signing petitions) may require identity verification using an electronic signature or other methods.

2.5. Information and services displayed using the MISTO platform are filled and provided by service and information providers.

2.6. For certain services or functions of the Platform, there may be required additional agreements and consents, and the Company shall notify users separately. Prior to using such functions, Users have the opportunity to familiarize themselves with the terms and conditions and decide on its further use. In case of refusal to accept such terms and conditions, the User should stop using the MISTO platform in terms of such services or functions.

2.7. Third-party service and information providers may provide users with services and/or information for a fee that the user must pay to such service and information providers (for example, transport services, parking, etc.).

2.8. The User agrees that if the User needs to pay for certain services (for example, parking services or public transport services), the User shall conclude a separate agreement on the provision of money transfer services without opening an account for the user with a payment institution, that is an adhesion agreement in accordance with Article 634 of the Civil Code of Ukraine. The Company does not provide money transfer services for any particular services and is not responsible for the process of payment by the User.

3. FUNCTIONS OF THE MISTO PLATFORM

3.1. The MISTO platform is designed to unify and digitalize services and information resources into a single management system and provide centralized access to information and services through a single portal and application for city residents. The MISTO platform is designed to provide access to information and services provided by local governments, state authorities, other institutions and organizations, and enterprises.

3.2. Information and services for the users will be provided by Service providers. The Company has no direct influence on the work of local self-government bodies, local authorities, enterprises, institutions and organizations, does not control the progress and quality of their services, reception schedule, timetable, prices for services, availability and accessibility of services and information. The Company is not responsible for the accuracy of information, actions and services of local governments, local authorities, enterprises, institutions and organizations, etc. that provide services. The Company is not a service provider, but only provides a platform for displaying information, access to services and communication between Users and Service and Information Provider. Unless otherwise specified by the current legislation of Ukraine, the Company is not obliged to provide Users with refund or compensation that may arise in connection with unavailable or improperly provided services or information.

3.3 The User shall independently select the information and services to which he/she wishes to access via the MISTO platform.

3.4. The MISTO Platform has the following main functionalities:

3.4.1. access to various services by providing a single mobile application;

3.4.2. communication by providing digital information channels for data exchange for interaction between citizens and Providers of services and information;

3.4.3. providing access to ordering public transport and parking services;

3.4.4. public safety – by providing information about shelters, heating points and other information about the environment, ensuring interaction of citizens with authorities, institutions, organizations, enterprises, etc;

3.4.5. automation of administrative processes – by creating a unified system for providing access to the services of local self-government authorities, local public authorities, enterprises, institutions and organizations, etc.;

3.4.6. e-democracy – through access to creating relevant petitions, voting, participation in public polls, conducting surveys, displaying and receiving relevant analytical information.

3.5. The MISTO platform offers access to services and information free of charge for residents, as well as certain services and information that may require payment.

3.6. The MISTO platform may store information that the User has provided independently, as well as information that has been transferred to the MISTO platform from service providers (e.g., received from carriers, local public authorities, institutions, city services, etc.).

4. RIGHTS AND OBLIGATIONS OF THE MISTO PLATFORM USER

4.1. In the process of identification and use of the MISTO platform, the User undertakes to enter only accurate and up-to-date data, to update such data in case of changes. If the User enters information related to the use of certain services, he/she confirms its accuracy and understands the possible negative consequences in case of entering false, inaccurate information.

4.2. The User guarantees to take measures to maintain the confidentiality of the login, passwords, including non-disclosure of passwords to third parties and the use of secure devices to log in to the MISTO platform.

4.3. All actions performed through the User's account or using the User's login information shall be deemed to be performed by the User. The User shall be solely responsible for all actions performed in the MISTO platform using his/her authentication means (phone number, passwords, etc.).

4.4. If the User intends to stop using the MISTO platform or does not wish to consent to the processing of his/her personal data or to keep his/her data up-to-date, he/she must stop using the MISTO platform and submit a request for deletion of personal data via e-mail, support of the MISTO platform or by means of postal communication indicated on the MISTO platform website.

4.5. If the Company receives information that the User has entered false data or violated this Agreement, the Company has the right to suspend or cancel the User's account (registration) without prior notice or obtaining any consent from the User.

4.6. The Company has the right to delete the User's account if the User does not use it for 12 (twelve) consecutive calendar months.

4.7. In case the User's actions may lead to violation of any provisions of the applicable law, as well as the possibility of claims against the Company or holding the Company liable for the actions of such User, the Company shall have the right to immediately block the User's account and terminate the User's access to the MISTO platform without prior notice or obtaining any consent from the User.

4.8. The User agrees that in case of deletion of his/her account on the grounds specified in this Agreement, all account data will be lost.

4.9. The Company has the right to send Users push notifications with information from local self-government authorities, state authorities, information about new surveys, the state of the environment, safety measures for the citizens, etc.

4.10. Surveys and voting are anonymous. Participation in surveys or voting or refusal to participate in them does not in any way affect access to the Platform's functions or the User's ability to access the services offered. Each User has the right to decide independently whether to participate in a survey or vote. However, the User should be responsible for answering the questions and providing truthful answers. If the User does not intend to answer the questions offered within the survey or vote, the User has the right to refuse to participate at any time.

4.11. Entering a phone number or other means of communication by the User gives the Company the right to send him/her information messages through various communication channels (calls, push notifications, SMS, e-mail, etc.) for registration, authorization or provision of important information regarding access to services and the location of the User.

4.12. For using MISTO platform the User is prohibited from:

• promote incitement to religious, racial, political or ethnic hatred;
• commit actions that violate the rights and freedoms, honour and dignity of any person
• provoke disputes, conflicts of any kind; use insults, obscene language, discriminatory statements, even if they are hidden by other symbols;
• create multiple accounts and use them simultaneously if they actually belong to the same person;
• take actions aimed at misleading other users;
• provide account and/or your account login and password to third parties;
• register an account on behalf of or in place of another person (except when registration on behalf of and on behalf of another individual or legal entity is allowed in the manner and form prescribed by the legislation of Ukraine);
• publishing information (including any materials) that violates copyrights, rights to trademarks for goods, works and services, rights to intellectual property owned by the Company and/or third parties;
• post information that violates the rights and legitimate interests of third parties (including posting photos and videos, the main object of which is an individual, if this individual has not given consent to the use of a photo or video with his/her participation)
• post materials of an advertising, erotic, pornographic or offensive nature;
• use any computer programs for automated collection of information from the MISTO platform;
• illegally collect, systematize, store or disseminate information about other Users;
• attempt to gain access to the account and/or login and password of another user by any means, including, but not limited to, fraud, abuse of trust, login and password guessing;
• host computer viruses or programs that can terminate or disrupt the normal functioning of computer equipment and software, as well as telecommunications facilities of the Company or any persons.

5. PERSONAL DATA

5.1. All issues related to the processing of the User's personal data are governed by a separate Privacy Policy, that are posted on the website of the MISTO platform and in the MISTO application.

5.2. Acceptance of the terms of the Privacy Policy is necessary for acceptance of these Terms and conditions of this User Agreement and using the MISTO platform.

6. INTELLECTUAL PROPERTY

6.1. All exclusive rights to the platform as an object of intellectual property (including program code, application design, platform, website, logos, trademarks, etc.) belong to the Company.

6.2. The User is entitled to download the application and use the platform and the Company's website to view, use, display or store information only for personal needs and purposes. This means that the User is granted the right to use the platform, subject to the conditions and restrictions established by the Company. In this case, the ownership of the platform is not transferred to the User. If the User violates the terms of this Agreement, other agreements or rules of the Company, or the law, the Company has the right to prohibit and terminate the User's right to use the platform.

6.3. The rights to materials, information posted or stored on the platform by Users, service and information providers belong to users and service and information providers, respectively. The Company receives permission and the right to use them in in accordance with the terms of this Agreement, other contracts, agreements.

7. RESPONSIBILITY

7.1. The MISTO platform is provided for use as it is (“as is”). The Company does not guarantee that the application will match the expectations of Users, in particular in terms of uninterrupted operation or the absence of errors. The Company has an obligation to ensure the security of User data. The Company is not responsible for changes, temporary or complete suspension of the platform or its parts. The operation of the platform may be disrupted due to unforeseen circumstances beyond the Company's control.

7.2. If the User considers that there is information on the MISTO platform that violates his/her rights, the User shall notify the Company thereof and provide information confirming such violation. If the User provides false information about the violation of his/her rights, he/she shall be liable for the damage caused by his/her actions.

7.3. The Company is not responsible and does not assume any obligations to the Users for the services and information provided to the Users by third parties and does not provide any guarantees to the Users regarding the quality of such services and information.

7.4. The Company shall not be liable for the provision or non-provision of services by third parties using the MISTO platform, or for the actions or inactions of such parties. The Company shall not be liable for any losses incurred or that may arise as a result of the use of the MISTO platform, the accuracy and quality of information received from local governments, public authorities, enterprises, institutions and organizations, etc. The Company shall not be liable for any losses incurred or that may arise as a result of receiving or not receiving a service or information, as information and services are provided by third parties whose actions the Company has no influence on and is not obliged to control such third parties.

7.5. Disputes related to the receipt of services and information from local governments, state authorities, enterprises, institutions and organizations shall be resolved by the User directly with the Providers of such services and information (without the participation of the Company).

7.6. All disputes arising from the use of the MISTO platform shall be resolved through negotiations, and in case of failure to reach agreement in the course of negotiations, such disputes shall be resolved in accordance with the current legislation of Ukraine.

7.7. Each User is solely responsible for the content of the data he or she enters into the platform. The User is also responsible for posting information that violates the law or may be harmful or offensive.

8. OTHER TERMS AND CONDITIONS

8.1. The Company has the right to amend this Agreement. All amendments will be published on the official website of the Company or in the MISTO mobile application, and they will come into force from the moment of its publication.

8.2. By using the MISTO platform, the User confirms his/her acceptance of the terms of the Agreement in force at the time of using the application.

8.3. Making any payments through the MISTO application means the User's full adherence to the terms of the payment system, which is considered concluded without the need to sign.

8.4. The legislation of Ukraine shall apply to this Agreement and the relations between the User and the Company arising in connection with the use of the platform. Each party irrevocably agrees that the relevant courts of Ukraine have exclusive jurisdiction over any claims, disputes or disagreements relating to the Agreement and the use of the platform.