AGREEMENT OF ADHESION AND SUBSCRIPTION TO THE INDIVIDUAL TRANSPORTATION SYSTEM BY PUBLIC BICYCLE OF MEXICO CITY CALLED ECOBICI, WHICH IS ENTERED INTO BY ONE PART OF THE COMPANY 5M2, S.A. DE C.V., THROUGH ITS REPRESENTATIVES, WHO HEREIN SHALL BE KNOWN AS “THE COMPANY”, AND ON THE OTHER PART THE C._________________________________ WHO SIGNS THIS DOCUMENT WHO HEREIN SHALL BE KNOWN AS “USER” , FOR THE APPLICABLE LEGAL PURPOSES, SUBJECT TO THE TENOR OF THE FOLLOWING DECLARATIONS:

DECLARATIONS

The COMPANY declares that:

1. It is a moral person duly constituted in accordance with Mexican law.
2. Their legal representatives are empowered to enter into this contract.

III. ECOBICI has the official website www.ecobici.cdmx.gob.mx as a means of serving ECOBICI users where you can check the location and hours of the modules for face-to-face service, and the digital communication channels.

1. This Agreement has been registered with the Federal Consumer Protection Agency under Number ______________________

The USER declares under oath that:

1. It is a natural person, who has the legal capacity, as well as the economic capacity necessary to enter into this contract, as established in the terms, conditions and rates stipulated therein.
2. It is your wish to enroll in the ECOBICI System and you are assigned the USER PERSON number that emerges from the system and that will be notified to you upon signing the subscription of this document.

III. He is of legal age and has the legal capacity to enjoy and exercise.

1. In the event of being 16 years old, you state that you have the authorization of your parents or guardian(s), and the undersigned hereby declares under oath that you have the guardianship of the minor, for which you give your express consent. to be a beneficiary, the guardian being obliged to THE COMPANY.
2. All the information provided in the registration is true.
3. You have received the information to your complete satisfaction, regarding the content of this Agreement and, therefore, you have fully understood the way in which THE COMPANY will provide the service and/or lease object of this instrument.
4. Indicates as legitimate means to hear and receive any type of notifications, indistinctly the email and/or the address indicated in the respective application form.

VII. Know and accept the rights and obligations contained in this contract, as well as its terms, conditions, rates and annexes.

VIII. It is your will to sign this contract and you are free from any vice of consent.

THE COMPANY and THE USER, who are hereinafter referred to as THE PARTIES, declare that:

1. The legal personality with which they are held and the legal capacity to enter into and sign this Agreement are mutually recognized.
2. That in the execution of this Contract there is no error, fraud, injury or bad faith by any of THE PARTIES that may affect the legal validity-

III. It is your interest to enter into this contract in the terms stipulated in the body of the same under the tenor of the following:

CLAUSES

FIRST.- The purpose of this contract is to establish and regulate the terms and conditions by which THE USER will be allowed to use the ECOBICI INDIVIDUAL PUBLIC BICYCLE TRANSPORTATION SYSTEM, by virtue of which THE COMPANY grants a very personal loan as Onerous use of public bicycles, through the cycle stations that are distributed in one or several areas of influence of Mexico City, determined and/or determinable, so that they are used in the territory that includes various mayors of Mexico City .

The ECOBICI Public Bicycle System consists of the use, by the USER, of “type bicycles”, described in the annex, as well as in the terms and conditions of use indicated in this legal instrument.

SECOND.- The USER will have access to all the bicycles available in the ECOBICI Public Bicycle Individual Transportation System, however, the USER may use only one at a time, which must be in physical and mechanical condition. normal use and with its complete accessories, the USER agreeing that it will be used solely and exclusively for the transport of the USER, which may not generate any profit and will be carried out under their responsibility. Likewise, at the time of choosing the bicycle, the USER receives it, except for hidden defects, to his entire satisfaction and undertakes to cover in favor of THE COMPANY, at market prices, the missing accessory(s), damage and/or or parts of the bicycle that it contains and/or does not contain, as applicable, at the time of delivery of the same, on the understanding that the inspection of the same may be carried out by the COMPANY at the time of delivery of the bicycle or later, in which case, it will not exempt the USER from the responsibility referred to above.

THIRD.- Except for those clauses that due to their nature must survive the validity of this Contract, the validity of the same will be the same as the very personal membership that the USER acquires, and will be renewed by common agreement, for an equal period of indefinitely, unless THE USER modifies the duration of their membership; In any case, the USER authorizes THE COMPANY to make the applicable charge for the concept of renewal, with the rates that are in force in the rate table published on the website www.ecobici.cdmx.gob.mx. If the USER wishes to change the temporality of his membership, he must carry out the procedures indicated in the terms and conditions or, failing that, notify THE COMPANY through the email indicated in the declarations of this instrument, the foregoing without prejudice to which must cover the amount published in the corresponding tariff, of the new membership, as well as the subscription of the respective contract through the means designated for this purpose by THE COMPANY. If the USER does not wish to renew their membership, they must deactivate the auto-renewal option previously activated in the user area and/or notify THE COMPANY of their intention through the means indicated in the terms and conditions or through the website www.ecobici.cdmx.gob.mx, in this case, the membership of the USER will only be valid for the remaining time of their membership. In the same way, the USER may at any time terminate this contract, for which they must refer to what is established in the terms and conditions or, failing that, notify THE COMPANY in writing, through any channel. provided for this purpose, without being entitled to a refund of the amounts paid, so in this act you accept that in said case, THE COMPANY will be empowered to keep them. Notwithstanding the foregoing, THE COMPANY will be liable for its obligations arising from this contract, provided that this contract is in force.

For temporary subscriptions, THE USER will have the current options that will be published on the official website www.ecobici.cdmx.gob.mx. The validity of the temporary subscriptions will run from the acceptance of the position for the selected temporality. Temporary subscriptions will not automatically renew under any circumstances. In the case of the USER who is not banked through the means of payment recognized by the Mexican financial system, the COMPANY is empowered to propose, celebrate and publish which are the alternatives under the pre-paid modality or those contracts related to various means of payment without this representing any administrative or operational difficulty in terms of access and use of the ECOBICI System.

FOURTH.- The falsity of declarations and/or the breach by THE USER of any of the obligations set forth in this contract and/or the terms and conditions published for this purpose, will be the cause of temporary suspensions, cancellation of the service and/or termination of this Contract, without the need for a judicial declaration and without this implying any responsibility for THE COMPANY, nor will it be a reason for total or partial reimbursement for the USER.

1. Cancellation and/or termination: Without prejudice to those established in this instrument, it will be cause for cancellation and/or termination of this Contract, when the USER commits on two or more occasions, any of the assumptions described below:
   1. Total or partial damage to the bicycles, their accessories or cycle stations that are part of the ECOBICI System, ruling out the natural wear and tear of the unit.
   2. Place any decal or carry out any act that modifies the physical appearance of the bicycles, their accessories or cycle stations.
   3. Exceed four times the 8 hours of continuous use of bicycles.
   4. When THE COMPANY tries to make any payment that is due in terms of this document, including without limitation, the automatic renewal of the subscription, and the charge does not proceed for any reason
   5. False declarations and/or breach of any of the clauses and/or obligations established in this contract by the USER.
   6. In the event of any of the following behaviors being carried out by THE USER: loan of the card that proves him/her as a USER, incorrect use, unprotected bicycle, non-compliance with the duty of care as if he/she were the owner of the bicycle or cycle stations occupied by the USER PERSON.

• Without prejudice to the fact that THE COMPANY may permanently terminate the USER without the possibility of reimbursement in the event of incurring in the assumptions indicated in this instrument, the USER will be responsible for the damages caused by said breach, including without limitation, in the assumption that there is a presumption of loss of the bicycle, which will be presumed as long as the bicycle is not returned to the corresponding cycle station within 24 (twenty-four) hours from the start of its use by THE USER, the latter must cover the commercial value of the same, this, without prejudice to the obligation to pay the published rates.

The USER may not have under his/her name another account(s) in addition to the one already recognized with his/her registration data before the ECOBICI System, except when contracting for a minor of the ECOBICI System. have your guardianship.

In case of temporary suspensions, rescission and/or cancellation, THE COMPANY will not be obliged to make any reimbursement for the amounts that THE USER would have delivered, for the time that the same is no longer provided, in case of suspension.

FIFTH.- The USER may make any clarification regarding their registration account from the website, mobile application, by telephone, via email to the authorized account, in person or through any other means that is provided for this purpose. inform THE USER through the website. If it is verified that the charge generated was not the responsibility of the USER, the COMPANY will take the necessary steps so that the operating company of the ECOBICI System initiates the reimbursement process.

SIXTH.- The guarantee deposit will be used when at the time that the bicycle must be returned in terms of this document and it has not been returned in the terms of this document, or in a verification subsequent to it, THE COMPANY and/or or the ECOBICI team realize that during the time that the USER had physical or legal possession of the bicycle, damage has been caused to it, its accessories and/or the cycle stations or a deterioration greater than the natural wear of the bicycles. same, as well as in case of vandalism that is commented during the physical or legal possession that the USER has on the bicycle, the bicycles, their accessories or cycle stations. The foregoing on the understanding that said conditions are attributable to the USER without the need for a judicial declaration. In any case, and when the guarantee is not sufficient to cover the identified damages, the COMPANY may make the charges directly to the bank card given by the USER at the time of execution of this instrument or the one designated subsequently. The amount will be the commercial value of the bicycle, which is determined through the appraisal for the repair of damaged bicycles, accessories or cycle stations, as appropriate.

The COMPANY reserves the right to exercise all the rights contained in this document derived from the breach of obligations by the USER, as well as for the damages caused to the bicycles, their accessories or to the cycle stations during the time that these are in custody by THE USER, said reservation of rights will be for a period of 90 calendar days after the date on which the user cancels or ends the term of the contract. In this sense, the USER recognizes the power of collection by the COMPANY of the concepts derived from any breach reported by THE COMPANY as well as for damages. What is stated in this clause applies to every USER regardless of the membership they contract for the use of the System.

SEVENTH.- For the purposes of preventing traffic events and/or other behaviors prohibited by the applicable legislation and/or regulations, the USER must comply with the relative and applicable legislation and regulations, including without limitation in terms of traffic, mobility and civic culture for Mexico City.

1. Traffic facts:

1. In the event of an accident or traffic event in which the USER is involved, he or she must immediately notify the user service area by telephone and/or through any other form that is published for this purpose on the corresponding website. .
2. The USER must remain at the scene and safeguard their physical integrity and that of the bicycle and its accessories, until a representative of THE COMPANY or support staff from ECOBICI and a transit agent from the Secretary of Security arrive. Citizen; is excepted from the foregoing in those cases in which their state of health requires immediate medical attention and/or hospital transfer, or in the event that, derived from the applicable legislation or regulations, their mobilization is required.
3. The USER must not make any type of arrangement or negotiation with the third parties involved in the incident, without prior authorization from the ECOBICI support staff.
4. The traffic incidents reported by the USER will be verified jointly by the support staff of ECOBICI and LA SEMOVI through the procedures for demarcation of responsibilities and within the periods indicated for it.
5. In the event that the event of transit has been caused by defects in the bicycles or by their inadequate maintenance, all the expenses inherent to it will be covered through the insurance policy(ies) that the operating company of the ECOBICI System has. in force and through the procedures and deadlines indicated to the USER. THE COMPANY of the ECOBICI System will not be obliged to compensate those events that are not caused by defects in the bicycles or by their inadequate maintenance.
6. If the USER does not comply with any of the aforementioned procedures, the operating company of the ECOBICI System may limit the payment of compensation or declare the payment inadmissible, unless the delay, absence of report or lack of procedures is due to a case fortuitous or force majeure.
7. The USER accepts that the assessment of the damages caused by the accident will be carried out by personnel from the corresponding insurance agency or the competent authority for it, in accordance with the elements and procedures established for this purpose.

EIGHTH.- Regardless of the type of subscription to the ECOBICI system, the USER is obliged to deliver the bicycle at the end of their trip at the ports designated and authorized by LA SEMOVI. The foregoing may be done within a period of 45 continuous minutes of use and/or the duration of each contracted membership. Notwithstanding the provisions of this Clause, the USER may continue to use the bicycle with the understanding that every minute that passes, after the period referenced herein, will be subject to the application and payment of surcharges. However, the USER will have to cover a penalty fee if they exceed the use of more than 8 consecutive hours.

NINTH.- The obligations of the USER and, where appropriate, of the minor referred to in this contract are:

1. Drive the bicycle at all times respecting the applicable regulations on mobility, traffic, civic culture and other relative matters, as well as the provisions of this contract.
2. Safeguard the bicycle, its accessories and cycle stations at all times and verify that it is not parked outside the ports designated for its return.
3. Pay the amount of the sanctions that were imposed for violation of the applicable legislation and regulations and the provisions of this contract, being able to be carried out by THE COMPANY, the collection of these last amounts, at the same moment or later in which cover the amount corresponding to the payments provided for in this contract and the other benefits.
4. In case of theft or loss of the Integrated Mobility card, the USER will immediately notify THE COMPANY, assuming the responsibility of any use that is given to the Integrated Mobility card until before the report is closed.
5. When returning the bicycle to the station, the USER must ensure that the anchorage was successful. The charges generated for additional time of use and for bicycle theft in case of making the return incorrectly, will be the responsibility of the USER.

TENTH.- It is prohibited for any USER:

1. Use or take advantage of the bicycle for a profit or commercial purpose.    
2. Use the bicycle to drag or tow objects.
3. Overloading the bicycle or any of its parts, in relation to its resistance or normal capacity, which is for one person, and in the case of the rack it is a maximum of 10 kg.
4. Participate with the bicycle directly or indirectly, in races or tests of safety, resistance or speed.
5. Driving the bicycle on unpaved paths, paths or roads or those that are in conditions not suitable for the individual bicycle journey.
6. Transporting with the bicycle: weapons, explosive or flammable material, sharp items, as well as any object prohibited by the laws or regulations in force in Mexico City, objects that exceed the dimensions of the cargo rack and/or obstruct visibility when pedaling , alcoholic beverages or narcotics or psychotropic drugs even when said transportation was done within the legal norms.
7. Using the bicycle in a different way from what is indicated in this contract, as well as carrying out any repair, or trying to carry it out, any damage detected by the user must be reported to the ECOBICI user service center, taking the bicycle to a port and, where appropriate, by pressing the repair button, or through the means of communication published on the official website www.ecobici.cdmx.gob.mx.
8. Lending the ECOBICI System membership to a non-user.   
9. Make some type of variation or modification to the equipment that forms an integral part of the system installed in the area determined for the station or, specifically, to the bicycle that is the object of this contract.
10. Exceed the time of use allowed according to the contracted membership.
11. In general, use the bicycle in a different way or for purposes other than those stipulated in this contract, and be responsible for the possession of the same bicycle.
12. Lend, lease, sublease or any other way through which the bicycle or the Integrated Mobility card is used for consideration or free of charge.

ELEVENTH.- The USER will have civil and criminal liability, when it causes:

1. When the user provides their identification data to another person who is not a user of the System and this causes damage to any of the assets that make up the ECOBICI System and/or the damage that said persons generate to third parties in their assets or persons; and
2. Damage suffered by the bicycle while it is in the physical or legal possession of the USER;
3. Any act and fact that the law indicates as illicit, and that they are carried out with the use of the bicycle that is the subject of this contract.
4. Any damage committed by the USER due to their lack of skill in handling the bicycle.

TWELFTH.- In the event of the occurrence of an act that probably constitutes a crime, the USER must immediately notify both THE COMPANY and the competent authority that should know about the fact, in order to comply with Clause SEVENTH of this instrument. Therefore, it is obliged to carry out all the actions requested by the COMPANY, as well as to assume the cost of the deductible that is set by the insurer for the payment of the good. If the bicycle is returned to a damaged bicycle station or in a state that warrants its repair for proper operation, the USER will be responsible for covering the expenses that are generated. In case of presumption of loss or damage to the bicycle by the USER, the guarantee deposit will be used or the corresponding charge will be made directly to the credit and/or debit card indicated at the time of signing this contract. or at the time of updating your data, or, where appropriate, by judicial means.

THIRTEENTH.- The responsibility of the USER for causes attributable to the same, regardless of what is stipulated in the previous Clause, in case of total theft is set at the amount that is marked with respect to the loaned bicycle, according to the commercial value Of the same. In case of collisions and/or traffic incidents, the amount determined from an appraisal verified by an authorized agency or competent authority.

The USER who has withdrawn from the System, will not be able to use it again if they present debts and only until they pay them will they be able to use the System again.

FOURTEENTH.- In the event that the USER is attributable to:

1. Damage to people or things;
2. Damage to the borrowed bicycle itself, its accessories or to the cycle stations;
3. Damages suffered by non-users who were using the bicycle;
4. Total or partial theft of the bicycle and/or its accessories.

Except for what is expressly stated in this instrument, as long as there is insurance, THE USER gives his consent to pay the deductible corresponding to the insurance that THE COMPANY has, forcing himself to comply with each and every one of the obligations governed by the conditions of the policy. . The foregoing, coupled with the mandatory presentation of the complaint before the instances of prosecution of justice in Mexico City.

FIFTEENTH.- THE COMPANY is not responsible for objects forgotten by the USER on the bicycle, in the ECOBICI service area, or in the equipment that makes up the area determined for the cycle stations.

SIXTEENTH.- In the event of any mechanical or electrical damage to the bicycle or the loss of any of the parts, the USER must immediately notify THE COMPANY of this fact, subsisting in any case the responsibilities under his responsibility in the event that the damage occurs. been caused by an act that occurred during the time the USER was in possession of the bicycle, such as blows, overloads, abnormal use of the bicycle, among others.

SEVENTEENTH.- If the USER gives rise to judicial and extrajudicial procedures, he will be responsible for the payment of judicial and extrajudicial costs.

EIGHTEENTH.- For any report of physical-mechanical or electrical damage, complaints, claims or disagreements, the USER may report them to the official website https://ecobici.cdmx.gob.mx, through the mobile application, of in person or through any other mechanism informed by the COMPANY.

NINETEENTH.- The Federal Consumer Attorney’s Office (PROFECO) is competent in administrative proceedings to resolve any controversy that may arise regarding the interpretation or fulfillment of this adhesion contract. Notwithstanding the foregoing, the parties submit to the jurisdiction of the competent Courts in Mexico City, expressly renouncing any other jurisdiction that may correspond to them, due to their jurisdiction.icilios presentes o futuros.

TWENTIETH.- While the USER is using the ECOBICI system, they accept and authorize THE COMPANY so that, respecting their integrity at all times, they can make use of their image for statistical, commercial and/or promotional purposes. This, through visual, audiovisual or multimedia material without this generating any responsibility for THE COMPANY or any payment obligation derived from the exploitation of its image.

TWENTY-FIRST. – The ECOBICI Public Bicycle Individual Transport System Service has the following schedules:

• Operation (bicycles and cycle stations): every day of the year from 05:00 to 00:30 the next day.
• Face-to-Face Service Modules: Monday to Friday from 10:30 a.m. to 7:30 p.m., Saturdays and Sundays from 11:00 a.m. to 3:00 p.m.
• Telephone service: Monday to Sunday from 05:00 to 01:30 the next day, every day of the year.
• Digital service: Monday to Sunday from 05:00 to 01:30 the next day, every day of the year, the users will be served through the website and the mobile application of the ECOBICI System, either by filling out the form , chat with automated conversation that can be redirected for personalized attention with a digital attention advisor or by sending an email.

TWENTY-SECOND.- For the purposes of the accident compensation insurance, the USER undertakes to complete an individual consent form for the insurance in which he will designate a beneficiary in the event of death, which will be carried out in accordance with the stipulated terms and conditions. on the official page of ECOBICI.

THE COMPANY

PERSON

USER