General terms and conditions
(as amended on October 30, 2022)


Preamble

We understand that you would like to omit these General Terms and Conditions. But it is very important to familiarize yourself with them so that you understand your own rights and rules while using the services of the Limited Liability Company "TUMS" (LLC "TUMS").
Please note that the Application for smartphones from LLC "TUMS" is provided solely for the purpose of giving customers the opportunity to obtain information about parking, to search for parking spaces, navigate to the parking and / or the required place, reserve free parking spaces, pay fines, check their car for the penalty area, if available, control and pay for parking and other similar services, but not for any other purpose.
The company that provides the Smart Uzhhorod service is a limited liability company "TUMS", registered at the address: 08302, Ukraine, Kiev region, Borispol city, Fevralskaya street, building 1, office. 111 (hereinafter - TUMS).
The following General Terms and Conditions (hereinafter referred to as the “Agreement”) help define the relationship between you and TUMS. We allow you to use our services if you agree to abide by the terms of the Agreement.
This Agreement applies to any use of the Smart Uzhhorod Application that is available through the App Store and Google Play , any services or functions provided by TUMS through the Smart Uzhhorod Application or SMS messages (hereinafter referred to as the "Services").


Terms

The terms "TUMS", "we", "us", "us" refer to TUMS.
The terms "User", "You" refer to any user of the Services.
This Agreement includes standard rules, procedures, terms and conditions for the provision of TUMS Services.


General Provisions

By registering in the Smart Uzhhorod automated system using the Services (Service), you confirm that you have read, understood and agreed to abide by this Agreement, and you confirm and warrant that you have reached the age of majority and that you are not prohibited by law from accessing or using the Services.
TUMS reserves the right to periodically change, revise or terminate this Agreement, the Smart Uzhhorod Application and the TUMS Rules without any prior notice to the User. You agree that you will periodically revise this Agreement. Your continued use of the Application following such changes will mean that you have accepted such changes. You agree that we are not liable to you or to any third party for any change to the Application (in whole or in part) or any content, function or product offered through the Smart Uzhhorod Application.
If you do not agree with the terms of this Agreement or any modified version of it, you must immediately stop using the Smart Uzhhorod Services.


Software license and user restriction

According to this Agreement, we allow you to install and use the Smart Uzhhorod Application on a mobile device or mobile phone that has access to the Internet or GSM-communication of a national operator registered on the territory of Ukraine (hereinafter referred to as the "Mobile Device"), which is in your use and under your control on a non-exclusive, revocable and non-transferable basis, and provided that the installation and use of the Application is carried out solely for your personal use and for non-commercial purposes. Any other use is prohibited.
If you do not comply with any of the terms and conditions specified in this Agreement, this Agreement will automatically terminate, and TUMS has the right to terminate the provision of the Services unilaterally with simultaneous notification by informing via SMS or e-mail, or through push-up technology in the Smart Uzhhorod Service itself, or in any other way.
You are solely responsible for any violation of applicable law that may result from your failure to comply with the terms and conditions of this Agreement.
You agree (1) not to rent, lease, license, sublicense, sell or otherwise transfer the Application; (2) not include the Application or any data that you receive during the use of the Application or SMS-message in any other software product or service; (3) not to use the Application or SMS messages, or any other data that you receive while using the Application or SMS messages, for commercial purposes; (4) not copy the data that you receive while using the Application or SMS-message; (5) not use a device, software or program that disrupts or may disrupt the functionality of the Application; (6) not to disassemble, decompile or otherwise obtain the source code of the TUMS Software (Smart Uzhhorod Applications) or closed application interfaces of the Application, unless this is expressly permitted by applicable law and after obtaining the prior written consent of TUMS.


Driving safety

You are solely responsible for safe driving and parking in compliance with all applicable laws and regulations. You agree, represent and warrant that you will not use or connect to the TUMS Services in any way that puts you or any other person at risk of injury and that you will comply with all applicable road traffic regulations. Under no circumstances will TUMS assume any responsibility or liability for any consequences of your decisions related to driving. You fully agree that TUMS is not responsible for any management decisions made by you or on your recommendation, or for any damage, injury or other harm that results from your use or connection to the Application of services or content during management, using equipment or machinery, etc., in a dangerous and inappropriate manner, and rejects any related claims you may have.


Registration and management of a personal account

You can (but are not required to) register and create an account in the automated TUMS system through the Smart Uzhhorod Application (hereinafter - the "Account") to use the Application Services, including payment services. You undertake to completely fill out the user profile and provide true, accurate, current and complete data about you in the TUMS user profile (hereinafter - "Personal data"). You also agree to immediately update Personal Information to ensure it is true, accurate, up-to-date and complete. We reserve the right to change the list of required information at our discretion. Failure to provide us with the required information may result in your inability to open an Account.
Each registration is for one user only. It is forbidden to provide your user phone number and PIN-code to any other person.
You must treat your user PIN, password, or any other piece of information (as part of our security procedures) as confidential information and you must not disclose it to any third party.
You are solely responsible for maintaining the confidentiality of your Account and for the use of your Account, whether you have authorized it or not. You must immediately notify TUMS of any unauthorized use of your Account or any other breach of security related to your use of the Application.
We have the right to block any Account, User PIN if, in our opinion, you did not comply with any of the above confidentiality provisions.
You can use your Account to view your Account information, parking history, payments and change data in the Smart Uzhhorod App.
TUMS stores your data on parking sessions for 3 years.
You hereby acknowledge that your Account is not a checking account and is not protected by the laws that cover checking accounts.
You hereby acknowledge that your Account that you have created through the Smart Uzhhorod App remains our property.


Data that may be saved when using the Smart Uzhhorod service

When using the Smart Uzhhorod service, you agree that TUMS has the right to collect and / or store the following categories of data.
The first category of data is unidentified and anonymous information (not personal data). We do not know about the identity of the user about whom we collect non-personal data. Non-personal data is any hidden information that is available to us while using Smart Uzhhorod by users.
Non-personal information that is collected consists of technical information and information about user’s behavior, which may include:
- the address of the anonymous Internet Protocol (IP) of the user, which is used to connect the device to the Internet;
- uniform resource locators (URLs);
- operating system;
- browser type;
- types and versions of browser plugins;
- the period of time when the User visited the resource.
Non-personal information is collected when using the Smart Uzhhorod service. This means that when you use the service, we may collect and record information regarding such use, independently or through third party services such as Google Analytics and others.
The second category of data is information that is identified individually for each individual user (Personal information or Personal data);
Access to personal data displayed in mobile application has the only user (personal data subject) who signed in to the application as prescribed by law and the access is provided only to the information related to such only user.
Under Article 8, part 2 of the Law of Ukraine «On Personal Data Protection», the data subject has the right to:
1) Know about his/her personal data sources of collection, location, purpose of their processing, personal data controllers or processors location or place of residence (stay) or give a respective instruction to authorized persons to obtain this information, except as provided by law;
2) Receive information about the conditions for granting access to personal data, particularly information about third parties to whom his personal data is transferred;
3) Access his/her personal data;
4) Receive an answer to requests whether his/her personal data is processed no later than (30) thirty calendar days from the request date of receipt, except as provided by law, as well as receive such personal data content;
5) Make a reasoned request to personal data controller with an objection against his/her personal data processing;
6) Make a reasoned request to his/her personal data change or destroy by any personal data controller and processor if such data is processed illegally or is inaccurate;
7) Protect his/her personal data from unlawful processing and accidental loss, destruction, damage due to intentional concealment, non-provision or untimely provision, as well as to protect from providing information that is inaccurate or discredits honor, dignity and business reputation of an individual;
8) Appeal to the Commissioner for Human Rights of the Verkhovna Rada of Ukraine or the court with complaints about the processing of their personal data;
9) Exercise legal remedies in case of violation of the personal data protection legislation;
10) Know the mechanism of automatic processing of personal data;
11) Be protected against an automated decision that has legal consequences for him/her.

Personal data is user information that can be collected and stored, and also consist of: username, password, address, facebook ID, IP address, first name, last name, patronymic, zip code, vehicle registration plate and credit card details.
The application may contain the links to third-party web services. The data controller is not responsible for the content of such services and personal data processing by them. A user must read the privacy notice of each web service to which he/she goes.
We will never sell your Personal Information to third parties.
Also, we may collect email addresses for the purpose of communicating with users who contact us via email or messaging services.
Non-personal data cannot be used to identify you personally. Therefore, we do not need a legal basis to process such data.
You agree that we may process personal data insofar as this is necessary for our legitimate interests. We process such data in order to analyze and check how the service is used and operated in order to improve its functionality.
Please note that by clicking "Login", you agree to the Terms of Use (terms of this agreement) of the Smart Uzhhorod application and you give us the right, without your knowledge or consent, in accordance with these rules (terms of the agreement) to process your Personal Data, if required or permitted law.
Please note that Personal data may be deleted or saved depending on the technical capabilities of the Service. Such information may continue to be used by us to operate Smart Uzhhorod.
We require all third parties to respect the security of your personal data and handle it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only allow them to process your personal data for specific purposes and in accordance with our instructions and Ukrainian legislation.
We use third party advertising companies to serve ads when you visit our Service. These companies may use information (not including your name, address, email address or phone number) about your visits to Smart Uzhhorod in order to provide advertisements about products and services that interest you.
Our Service does not knowingly collect or require information or data from minors, and does not allow minors to register with Smart Uzhhorod. If we learn that we have collected Personal Data from a minor, then we reserve the right to delete this data and user account as soon as possible, without any liability to such user.


Parking payment

You can use the Services to pay for parking through our Smart Uzhhorod App. You have the right to choose and / or change at your discretion the appropriate payment method:
- using bank cards;
- in cash through payment terminals of TUMS partners;
- virtual account Account;
- Google Pay service;
- Apple Pay service.
Each time you provide information regarding a bank payment card for any particular transaction, you confirm that you are allowed to use a bank payment card. By using the Payment Services, you authorize us (and our designated acquiring bank and / or financial partner) to immediately collect from such bank payment card the full and total cost of the parking service. You also authorize the designated acquiring bank and / or financial partner and international payment systems to collect and store information regarding this bank payment card (and information regarding its identification), and also authorize TUMS to collect, process and store information along with other information related to payment transaction.
You are responsible for the authenticity of your registered / provided bank payment card, for a sufficient balance on it, as well as for the fact that it is not blocked and has not expired. You are responsible for providing information about the new bank payment card at least one month before the expiration of the current card.
The parking session ends upon the expiration of the desired parking time at the corresponding parking area, or it can be completed by the Smart Uzhhorod system when the virtual account balance of the Account reaches "zero", or it can be completed by you at your own discretion using the functionality of the Application. The status of your parking sessions will be available in real time in your Smart Uzhhorod Account, which you can access at any time through the Application.
The Smart Uzhhorod application calculates and informs you of the amount to be paid for the parking service, calculated on the basis of the current tariffs of the parking operator, and also calculates the cost of the Smart Uzhhorod service and the cost of the services of the acquiring bank and / or financial partner.
You acknowledge that your use of the Services does not guarantee you a parking space. You should only start a parking session after you find a free parking space. The availability of a free parking space shown in the Appendix does not guarantee the availability of a free parking space upon your arrival.


TUMS service / product packages and payment

TUMS is not a parking operator. We act on behalf of the parking operator and provide you with access to remote payment channels for parking services in the interests of the parking operator. Parking fees are subject to change, and parking operators are free to impose any parking restrictions at any time. You hereby acknowledge that each parking operator may have their own rules, terms and conditions. We are not responsible for any changes in the parking rules on any parking lots, both communal and private.
For the use of our Services and Account, we charge you a payment for the Services we provide, including the parking fees charged by the parking operators according to the applicable rates.
TUMS reserves the right to periodically offer promotional benefits to some or all new or existing users.


Complaints and investigations

If you intend to file a complaint regarding the cost of parking or a parking operation, you must inform TUMS in writing no later than 14 days from the date of the operation in a request sent to the email address support@tums.in.ua . The message must clearly indicate your full name, phone number, type of error and the disputed amount. You agree to pay, if necessary, for any uncontested portion of the disputed transaction. If this is not done, you lose the right to appeal this operation. TUMS may carry out any investigation of your Complaints about an erroneous parking value with the relevant parking provider, whose decision will be final.


Suspension of Terms and Conditions

Your termination of these Terms and Conditions will not affect any of our rights or obligations under these Terms and Conditions at the time of termination.
TUMS reserves the right to immediately suspend your Account and / or terminate these Terms and Conditions at any time in its sole discretion for any reason, including if you do not pay for the Services in accordance with these Terms and Conditions, and / or if You are engaged in fraudulent activity in connection with the Smart Uzhhorod App, and / or if you have otherwise violated these Terms and Conditions.
You are responsible for suspending the Terms and Conditions if (1) the Service is not expected to be used, (2) the vehicle registered in your Account is not used by you (temporarily or permanently), (3) you are no longer do not own a vehicle, (4) for any other reason that may lead to the use of the Account by others. TUMS is not responsible for verifying whether the registered vehicle (s) or Mobile Device number (s) are being used by a person authorized by you.


Communication with the User

The Smart Uzhhorod Application can use the capabilities of the GPS navigator to determine your location at the time of using the Application from your Mobile device through the permission system used by the operating system of your Mobile device.
TUMS may send you test SMS or e-mail messages to provide you with information regarding the Services. By doing this, you give your full consent to receive such messages: SMS text messages, emails, PUSH messages. Communication standards also include e-mail, SMS, GPS, web-based browsers.


User Messages

You acknowledge and agree that the receipt of our messages via SMS messages, other relevant messengers or emails generated by the Smart Uzhhorod App is not guaranteed, and that you are responsible for the timely activation and deactivation of the parking session. In addition, you acknowledge and agree that receiving reminders is dependent on the functioning of your Mobile Device, your communications service provider and / or your Internet service provider. TUMS does not bear any responsibility or liability for any losses and expenses incurred by you as a result of failure to receive a reminder / message in a timely manner or insufficient functioning of your Mobile Device, the work of a communication service provider and / or an Internet service provider.


Technical requirements

Use of the Services assumes that you have access to the Internet from your computer or mobile device. In case of interruption of the Internet connection due to the fault of the communication service provider, TUMS does not undertake the obligation to use the service offline (without being connected to the worldwide Internet). You are responsible for paying all mobile operator costs associated with your use of the Services, including in connection with any communications provided through the Services. TUMS does not guarantee that the Services will be compatible with all devices or will be supported by all mobile operators. User interface and functionality may vary slightly across platforms and devices.


Obligations and obligations of the User

If you do not follow the instructions regarding the Smart Uzhhorod Application and this Agreement, a protocol on violation of parking rules may be drawn up against you or your vehicle may be evacuated by the relevant authorities in accordance with the legislation of Ukraine.
It is your responsibility to ensure that your parking session starts properly. To make sure that the parking session has started, you must check the status screen in the Smart Uzhhorod App or check your account in the App with confirmation of the start of parking.
You are responsible for starting the parking session with the correct state vehicle registration number.
If you have chosen the option not to indicate the planned parking duration, you are responsible for manually controlling the end of your parking session (you must end the parking session before leaving the parking space).
You agree that your parking session fee includes parking fees according to the applicable rates of the parking operators. The final parking price is calculated when the parking session is over.
The final cost for parking services is calculated based on the current tariffs of the parking operators at the time of receipt of the service.
All messages, designations, requirements and / or instructions made by the relevant authorities / providers of parking services, both communal and private forms of ownership, take precedence over any information you receive from us.
You are responsible for any fine, ticket or interest paid between the time the vehicle is parked and the Smart Uzhhorod App reports that the vehicle is properly parked.
In case of unavailability of TUMS Services (partially or completely) or in case of unavailability of your mobile phone service (partially or completely), you must pay the corresponding amount for parking, which is payable using an appropriate parking machine or other legal device / means of payment for the cost of parking services ...
You indemnify TUMS and release it from any liability in the event of any dispute arising between you and the parking service provider / authority, the company that issued the bank payment card, the mobile service provider or the Internet service provider, including but not limited to disputes in connection with parking fines or reports of parking violations. You are responsible for resolving such disputes. TUMS remains a neutral party in such disputes and can, at its discretion, provide its assistance to both parties.
You are responsible for any charges associated with the use of your mobile phone, including but not limited to fees charged by your mobile operator.
TUMS reserves the right to forward claims regarding unpaid parking fees to third parties.
You are responsible for your strict compliance with the provisions of this Agreement and its updates, which we periodically release.


Smart Uzhhorod App Changes

TUMS reserves the right, at its sole discretion, to periodically replace, supplement, modify or cancel the Services / Service in the Smart Uzhhorod App without prior notice, including, but not limited to, by deleting, adding or changing data, information, design elements, the presence of certain parking locations. places in the Application, etc. If you have any objections or suggestions regarding such changes, you have the right to contact the "Support" section of the Application or stop using the Services.
Continued use of the Services in the Application after any such replacements / changes means your acceptance of such replacements / changes and your agreement with all Services.


Intellectual property rights

Functions, information and data provided through the Services in the Smart Uzhhorod App or via SMS messages are the sole property of TUMS, protected by copyright, trademark, patent and other intellectual property laws. All texts, graphics, videos, data and other content available through the Services are provided to you by TUMS or its partners only to support your use of the Services.
All trademarks in the Application that we do not own are the property of their respective owners. You may not use our trade names, trademarks or service marks in connection with any product or service that is not ours or may in any way give rise to inconsistencies.


Disclosure of information about the User Account to third parties

From time to time, subject to privacy laws and other laws or regulations, we may provide information about our Users and their respective Accounts:
- the parking service providers we work with;
- in response to any court or administrative order or other legal process that is binding and requires us to comply with the law;
- under any contract between us and a regulatory or disciplinary authority;
- in connection with potential sales of business to parking companies, etc .;
- State bodies, local self-governments, enterprises, institutions, and organizations under their supervision, housing and utility services providers, to which personal data is transferred under the interaction;
- Participants/members of payment systems in Ukraine providing authorization and funds transfers, initiated by personal data subjects in mobile application, and to whom the processed personal data is transferred to ensure such a transfer;
- Other persons who have the right to receive personal data only based on the specific legal grounds.
- to serve providers who help us meet your needs by providing or offering our Services.


Disclaimer and Limitation of Liability

Any content or services available through or in connection with the Application are provided to you “as is”, without any representations or warranties, whether express, implied, or in accordance with the law.
TUMS tries to ensure the accuracy of the information and data provided to the User in the Application. However, in some minor cases, the content of the Application may contain some discrepancies or inaccuracies in the data, or the data may be incomplete. In some cases, this may relate to location data, road or parking repairs, time restrictions, detours, local, seasonal events or temporary promotions, etc. Therefore, the User agrees to assess and bear all risks associated with the accuracy, completeness and / or usefulness any data available through the Application, including but not limited to information related to accommodation, available spaces and parking rates. In addition, the User agrees to review all messages on the parking lot, meter data and other related information in order to verify any information that is provided through the Smart Uzhhorod Application.
You are solely responsible for the connection fees associated with your use of the Application (for example, inter alia, the periodic transmission of your location information), and these charges are borne by you. These fees are determined by the agreement entered into between you and your communication network service provider, and not this Agreement.
Neither TUMS nor its members, employees, directors, employees, shareholders, intermediaries, partners or representatives shall be liable for any consequential, incidental, incidental, special, punitive or other damages, including but not limited to damages or expenses incurred in loss of time, loss of savings, loss of data, loss of profit, loss of goodwill, loss of business opportunities or other intangible assets, or a programming error, both perceived and unforeseen, which may arise from or in connection with this Agreement and / or characteristics Applications, including but not limited to losses or expenses resulting from the use or inability to use the Smart Uzhhorod Application and the TUMS Services.
TUMS is not responsible for any damages or losses if:
- any operator / provider of parking services chosen by the User, both communal and private, does not accept TUMS as a method of payment;
- any parking operator / provider chosen by the User is not working;
- the communication network service provider or Internet service provider did not work, changed its services, which negatively affected the Services for payment through TUMS;
- You have entered incorrect information or the state registration number of the vehicle while using the TUMS Services.
Such damages or losses are beyond our control.
The total liability for any losses and damages arising for any reason should in no case exceed an amount equal to the total amount paid as a fee for the Service purchased by the User under this Agreement.
You must make your own decision regarding the use of Smart Uzhhorod Application, and if the Application suggests you to carry out an illegal or dangerous maneuver or a maneuver that puts you in a dangerous situation, or you choose a dangerous road, or you are driving to a dangerous place (for example, in the event of any accident , road conditions or repairs, etc.), you may not follow these recommendations. Your use of the Application is at your own risk.
TUMS is not responsible for any loss or damage that may be caused to you as a result of misuse of the TUMS Application and Services, or if you do not adhere to this Agreement or any other instructions provided to you through the Smart Uzhhorod Application.
TUMS assumes no responsibility whatsoever for (not) your compliance with any laws, regulations or rules as specified from time to time by the parking operator / parking service provider.
TUMS does not own, control or operate any parking lots / spaces and / or does not provide parking services. Accordingly, TUMS does not provide any guarantees regarding such parking lots / spaces and / or services. TUMS will not be held liable for consequential, incidental, incidental, special or other damages that may arise from (or in connection with) any parking service provider / operator or their services.
The Smart Uzhhorod App, information signs and other media channels that we may use from time to time may contain transitions, directions and links to other sites on the Internet that may be owned by third parties. TUMS and its affiliated companies do not control and are not responsible for the availability or operation of such third party sites or any information, content, products or services available from those third party sites.
We disclaim any liability arising from the operation of such linked websites, their terms and conditions, or their content.
TUMS shall not be liable for loss or expense caused by lawful order, government action, war, sabotage, non-delivery or delay in the delivery of telephone communications or other communications and transportation, strike, boycott or any circumstance beyond the control of TUMS.


Disclaimer of Warranties and Warranties for Service Level

The TUMS service is only available in select locations and may not be available all the time in active locations. While we strive to provide the best possible service, there are mobile and payment technology limitations that are beyond our control and may cause service interruption. Please note that we do not provide guarantees regarding the level of service.
Unless otherwise provided by law, you waive and release us from any obligations that may arise in connection with the rights and claims that you have or may have in relation to any third party as a result of your use of the TUMS Services.


Compensation for damages

Subject to applicable law, you agree to indemnify and indemnify us, our subsidiaries and each of our respective Associated Companies, members, employees, directors, intermediaries, employees, partners, independent contractors and suppliers in connection with any claim, request, claim, costs and expenses, including reasonable payment for legal services related to or arising from such events: (1) we provide you with any inaccurate information; (2) your breach of any warranty or other obligations, representations or other obligations set forth in this Agreement; (3) negligence or misconduct on your part; (4) you violate any law, regulation or the right of any third party; (5) any dispute or lawsuit between you and any third party, including parties that sell or advertise goods or services; and (6) your use of the Application.


Applicable law, jurisdiction, termination of the Agreement

You hereby agree that this Agreement (and any claim or dispute in connection with this Agreement and your installation or use of the Application) shall be governed by and construed in accordance with the laws of Ukraine.


Other conditions

We provide that the Smart Uzhhorod App will only be used by adults, individuals or legal entities who may enter into legally binding contracts under applicable law. In order to use the Application, the user must have reached the legal age to drive. If you do not meet these requirements, you are not allowed to use the Application, and we do not give you our consent to do so. TUMS is not responsible for checking the age of the user.
If any term or clause of the Agreement is found by a court of any jurisdiction to be illegal or invalid, all other terms will remain in effect.
The account and user obligations under this Agreement are provided only to an authorized user who is registered in the Smart Uzhhorod Application. We can transfer our rights under this Agreement at any time.