Vervoer Terms and Conditions

Agreement between User and Vervoer

Please read these terms and conditions of use carefully before accessing, using or obtaining any materials, information, products or services. By accessing the Vervoerapp website, mobile or tablet application, or any other feature or other Vervoer platform (collectively, “Our Website”), you agree to be bound by these terms and conditions (“Terms”) and our Privacy Policy. If you do not accept all of these Terms, then you may not use Our Website. In these Terms, “we”, “us”, “our” and “Vervoer” refers to Vervoer Software Corporation, and “you” and “your” refers to you, the user of Our Website.

The Vervoer Platform provides a marketplace where, among other things, persons who seek various services including transportation to certain destinations (“Riders”) can be matched with transportation options to such destinations. One option for Riders is to request a ride from rideshare drivers who are driving to or through those destinations (“Drivers”). Drivers and Riders are collectively referred to herein as “Users,” and the driving services provided by Drivers to Riders shall be referred to herein as “Rideshare Services.” As a User, you authorize Vervoer to match you with Drivers or Riders based on factors such as your location, the requested pickup location, the estimated time to pickup, your destination, User preferences, driver mode, and platform efficiency, and to cancel an existing match and/or rematch you with a Driver or Rider based on the same considerations. Any decision by a User to offer or accept Rideshare Services is a decision made in such User’s sole discretion. Each Rideshare Service provided by a Driver to a Rider shall constitute a separate agreement between such persons.

In certain markets, Riders may have the option to rent bikes or scooters through the Vervoer Platform to ride to their destination. In different markets, Vervoer operates a bike-share or scooter-share program on behalf of third parties. In either case, your rental and use of bikes and scooters through the Vervoer Platform is subject to additional agreements between you and Vervoer and third parties as applicable to the particular market (“Supplemental Agreements”). Please review any applicable Supplemental Agreements carefully. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF A SUPPLEMENTAL AGREEMENT, YOU MAY NOT RENT OR USE THE BIKES OR SCOOTERS IN SUCH MARKET. In the event of any conflict between this Agreement and the terms and conditions of any Supplemental Agreement, the terms of this Agreement shall control.

Users may also use Our website to arrange various form pickup and delivery and purchasing of transportation services. These services are based on the coordination between the user and driver. Users have the option to not accept a service. Vervoer does provides users an opportunity to access third party services and does not own or control the third party service performance.

Modification to the Agreement

Vervoer reserves the right to modify the terms and conditions of this Agreement, and such modifications shall be binding on you only upon your acceptance of the modified Agreement. Vervoer reserves the right to modify any information on pages referenced in the hyperlinks from this Agreement from time to time, and such modifications shall become effective upon posting. Continued use of the Vervoer platform for Rideshare, Dry Cleaning, Car Share, Micro-Mobility, Parking, Food Delivery, Public Transit, and other Services after any such changes shall constitute your consent to such changes. Unless material changes are made to the arbitration provisions herein, you agree that modification of this Agreement does not create a renewed opportunity to opt out of arbitration (if applicable).

Eligibility & Platform Rules

Vervoer platform may only be used by individuals who have the right and authority to enter into this Agreement and are fully able and competent to satisfy the terms, conditions, and obligations herein. The Vervoer platform is not available to Users who have had their User account temporarily or permanently deactivated. You may not allow other persons to use your User account, and you agree that you are the sole authorized user of your account. To use the Vervoer platform, each User shall create a User account. Each person may only create one User account, and VERVOER reserves the right to deactivate any additional or duplicate accounts. Your participation in certain Vervoer programs and use of certain Vervoer products or services may be subject to additional eligibility requirements as determined by Vervoer.

By becoming a User, you represent and warrant that you are at least 18 years old. Notwithstanding the foregoing, if you are the parent or legal guardian of a 16 or 17-year-old minor you may create a Vervoer account for such minor to use the Vervoer platform subject to the following requirements and restrictions: (a) you ensure that the minor’s use of the Vervoer platform is limited solely to accessing and using bike-share or scooter-share services where expressly permitted under the Supplemental Agreement applicable to such services, (b) you determine that the bike-share and scooter-share services are suitable for the minor, (c) you ensure that the minor’s use of the VERVOER Platform and applicable bike-share or scooter-share services is done in compliance and acknowledgement of all applicable safety instructions and warnings in this Agreement, any applicable Supplemental Agreements, and the Vervoer App, (d) you ensure that the minor does not request or accept any Ride share, Car Share, Parking, Food Delivery, and any other Services unless accompanied by you or an authorized guardian, (e) you explain the terms of this Agreement to the minor, and (f) you expressly guarantee the minor’s acceptance of the terms of this Agreement.

By creating a Vervoer account for such minor, you hereby give permission and consent to the Agreement on the minor’s behalf, and you shall assume any and all responsibility and liability for the minor’s use of the Vervoer platform as provided by the terms of this Agreement and any applicable Supplemental Agreements. You will be responsible for any breach of the above representations, warranties and/or this Agreement, and/or any attempt of the minor to disaffirm this Agreement. Furthermore, you hereby represent that you are fully authorized to execute this Agreement on behalf of yourself and all other parents or legal guardians of the minor rider.

Content & Third-Party Bookings

Vervoer hosts content, including prices, made available by or obtained from participating companies. Vervoer is in no way responsible for the accuracy, timeliness, or completeness of such content. Since Vervoer has no control over the companies’ accuracy and does not verify the content uploaded by the providers, it is not possible for us to guarantee the prices displayed on our website and/or mobile sites. Prices change constantly and additional charges (e.g., payment fees, services charges, local taxes and fees) may apply, so you should always check whether the price asked for a booking is the one you expected.

If you make a booking through our website and/or mobile app for transportation, parking, food delivery, and/or other services that booking is made with the Provider’s named on the booking page and Our Website only acts as a user interface. Accordingly, Vervoer has no responsibility for the booking or the purchased item because Vervoer has no involvement in creating the description of the Product, in defining the price and any fees, or in providing the Products that you book. If you have any issues or disputes with your booking and/or the Product, you agree to address and resolve these with the Provider and not with us.

Intellectual Property

We, along with our corporate affiliates, the Providers and other licensors, own all of the text, images, software, trademarks, service marks and other material contained on our website and mobile applications except User Content. You will not copy or transmit any of the material except if you are doing so for your personal, non-commercial use. All copyright, trademark and other proprietary rights notices presented on Our Website and mobile platform must appear on all copies you print. Other non-Vervoer product, service, or company designations on Our Website belong to those respective third parties and may be mentioned in Our Website for identification purposes only. You should contact the appropriate third party for more complete information regarding such designations and their registration status. Your use of and access to Our Website and mobile application does not grant you any license or right to use any of the marks included on Our Website and mobile platforms.

Account Security & Communications

You may only use and register to become a user of Our Website or mobile platform if you are of sufficient legal age and can enter into binding contracts. If you become a registered user or make a booking resulting in the creation of a trips account, you are responsible for maintaining the secrecy of your passwords, login and account information. You will be responsible for all use of our website and mobile platform by you, anyone using your password and login information (with or without your permission) and anyone who you allow to access your account. All information that you provide to us must be accurate and up-to-date. If any of your information changes, you must immediately update it. If you have reason to believe that your account is no longer secure (e.g., loss, theft or unauthorized disclosure or use of your information or computer or mobile device used to access Our Website), you must promptly change your Personal information that is affected.

If you decide to have messages or other communications from Our Website and mobile platform sent directly to your mobile device, you are solely responsible for keeping us updated with your current phone number, respectively updating to the latest version of the mobile app, and for any charges incurred by receiving such messages. We will not be liable for information sent to a device that is associated with your outdated mobile phone number or using an outdated mobile app. If you install any software or enable any service that stores information from Our Website on any mobile device or computer, it is your responsibility, prior to transfer or disposal of such device, to remove your information or otherwise disable access to such software or service in order to prevent unauthorized access to your information or account.

Acceptable Use Guidelines

You may only use Our Website to search for legitimate purchases; you may not use our website and/or mobile platforms to make any false, fraudulent or speculative purchases or any reservation in anticipation of demand. By using our website and mobile platform, you agree to comply with laws that apply to the United States and your own country, including laws that apply to exporting technical data.

In addition, you agree not to do any of the following without prior express written permission from Vervoer:

• Access the site with any manual or automated process for any purpose other than your personal use or for inclusion of Vervoer pages in a search index. Use of any automated system or software to extract data from Our Website (“screen scraping”), for commercial or non-commercial purposes, is prohibited;
• Violate the restrictions in any robot exclusion headers on Our Website or bypass or circumvent other measures employed to prevent or limit access to Our Website;
• Deep-link to any portion of Our Website for any purpose;
• Use any device, software or routine that interferes or attempts to interfere with the normal operation of Our Website or take any action that imposes an unreasonable load on our computer or network equipment;
• Reproduce, duplicate, copy, sell, trade, resell or exploit Our Website or mobile platform;
• Use any feature of Our Website or platform for any purpose that is unlawful, harmful, or otherwise objectionable or inappropriate, as determined by us;
• Post or distribute any material on Our Website or mobile platform that violates the rights of any third party or applicable law;
• Use Our Website or mobile platform to collect or store personal data about others;
• Use Our Website or mobile platform for any commercial purpose; or
• Transmit any ad or promotional materials on Our Website or mobile platform.

We may, at our sole discretion, at any time and without advance notice or liability, suspend, terminate or restrict your access to any or all component(s) of Our Website or mobile platform. Furthermore, you can always delete your account.

You further agree not to:

• Circumvent, disable or otherwise interfere with security-related features of Our Website or mobile platform or features that prevent or restrict use or copying of any content or enforce limitations on the use of Our Website or any content on the Website or mobile platform;
• Impersonate any person or entity, or otherwise misrepresent Your affiliation with a person or entity;
• Intentionally or unintentionally violate or encourage others to violate any applicable law, statute, ordinance or regulation;
• Provide false or deceptive information;
• Solicit personal information from anyone;
• Delete, add or otherwise change other people’s User Content;
• Remove or alter any copyright or other proprietary notices on or in connection with any content on the Website or mobile platform;
• Publicly disparage anyone or any User Content;
• Publish or post threats of violence, or promote or encourage others to engage in violence or illegal activity.

Charges & Payment Structures

As a User, you understand that request or use of Ride share Car Share, and Public Transit, and other Services may result in charges to you (“Charges”). Charges related to bikes and scooters are addressed in the applicable Supplemental Agreement. Charges for Ride Share and Car Share Services include Fares and other applicable fees, tolls, surcharges, and taxes as set forth, plus any tips to the Driver that you elect to pay. Vervoer has the authority and reserves the right to determine and modify pricing by posting applicable pricing terms to your “market” or quoting you a price for a specific ride at the time you make a request. Pricing may vary based on the type of service you request (e.g., shared, economy, extra seats, luxury) as described on your “market.” You are responsible for reviewing the applicable price quote within the Vervoer App and shall be responsible for all Charges incurred under your User account regardless of your awareness of such Charges or the amounts thereof.

Fares

• Variable Fares: Variable fares consist of a base charge and incremental charges based on the duration and distance of your ride. For particularly short rides, minimum fares may apply. Please note that we use GPS data from your Driver’s phone to calculate the distance traveled on your ride. We cannot guarantee the availability or accuracy of GPS data. If we lose signal we will calculate time and distance using available data from your ride.
• Quoted Fares: In some cases Vervoer may quote you a Fare at the time of your request. The quote is subject to change until the ride request is confirmed. If during your ride you change your destination, make multiple stops, or attempt to abuse the Vervoer platform, we may cancel the fare quote and charge you a variable fare based on the time and distance of your ride. Vervoer does not guarantee that the quoted fare price will be equal to a variable fare for the same ride. Quoted Fares may include the Fees and Other Charges below, as applicable.

Fees and Other Charges

• Service Fee: You may be charged a “Service Fee” for each services as set forth on the applicable “market.”
• Prime Time: At certain times, including times of high demand for Ride share, Car Share, Public Transit, and other Services (“Prime Time”), you acknowledge that Charges may increase substantially. For all rides with a variable fare, we will use reasonable efforts to inform you of any Prime Time increases in effect at the time of your request. For Quoted Fares we may factor in the Prime Time increases into the quoted price of the ride.
• Cancellation Fee: After requesting a ride you may cancel it through the Vervoer App, but note that in certain cases a cancellation fee may apply. You may also be charged if you fail to show up after requesting a ride.
• Damage Fee: If materially damaged to a vehicle, you agree to pay a “Damage Fee” of up to $250 depending on the extent of the damage, towards vehicle repair or cleaning. Vervoer reserves the right (but is not obligated) to verify or otherwise require documentation of damages prior to processing the Damage Fee.
• Tolls: In some instances tolls (or return tolls) may apply to your ride. We do not guarantee that the amount charged by Vervoer will match the toll charged to the Driver, if any.
• Other Charges: Other fees and surcharges may apply to your ride, including: actual or anticipated airport fees, state or local fees, or event fees as determined by Vervoer or its marketing partners. In addition, where required by law Vervoer will collect applicable taxes.
• Tips: Following a ride, you may elect to tip your Driver in cash or through the Vervoer platform. You may also elect to set a default tip amount or percentage through the Vervoer App. Any tips will be provided entirely to the applicable Driver.

General Billing Rules

• Facilitation of Charges: All Charges are facilitated through a third-party payment processor (e.g., First Data, Stripe, Inc., or Braintree, a division of PayPal, Inc.). Vervoer may replace its third-party payment processor without notice to you. Charges shall only be made through the Vervoer Platform. With the exception of tips, cash payments are strictly prohibited. Your payment of Charges to Vervoer satisfies your payment obligation for your use of the Vervoer platform and other Services. Certain Charges may be collectively billed as a single purchase transaction to your selected payment method based on the payment frequency indicated in your settings. If you don’t recognize a transaction, then check your ride receipts and payment history.
• No Refunds: All Charges are non-refundable. This no-refund policy shall apply at all times regardless of your decision to terminate usage of the Vervoer platform, any disruption to the Vervoer platform or other Services, or any other reason whatsoever.
• Coupons: You may receive coupons that you can apply toward payment of certain Charges upon completion. Coupons are only valid for use on the Vervoer platform, and are not transferable or redeemable for cash except as required by law. Coupons cannot be combined unless expressly provided otherwise, and if the cost of your ride exceeds the applicable credit or discount value we will charge your payment method on file for the outstanding cost of the purchase. For quoted or variable fares, Vervoer may deduct the amount attributable to the Service Fee, Tolls, or Other Charges before application of the coupon. Additional restrictions on coupons may apply as communicated to you in a relevant promotion or by clicking on the relevant coupon within the Promotions section of the Vervoer App.

Credit Card Authorization: Upon addition of a new payment method or each ride request, Vervoer may seek authorization of your selected payment method to verify the payment method, services be covered, and protect against unauthorized behavior. The authorization is not a charge, however, it may reduce your available credit by the authorization amount until your bank’s next processing cycle. Should the amount of our authorization exceed the total funds on deposit in your account, you may be subject to overdraft of NSF charges by the bank issuing your debit or prepaid card. We cannot be held responsible for these charges and are unable to assist you in recovering them from your issuing bank.

Disclaimers

The following disclaimers are made on behalf of VERVOER, our affiliates, subsidiaries, parents, successors and assigns, and each of our respective officers, directors, employees, agents, and shareholders.

Vervoer does not provide transportation or food delivery services, and Vervoer is not a transportation carrier. Vervoer is not a common carrier or public carrier. It is up to the Driver to decide whether or not to offer a ride to a Rider contacted through the Vervoer platform, and it is up to the Rider to decide whether or not to accept a ride from any Driver contacted through the Vervoer platform. We cannot ensure that a Driver or Rider will complete an arranged transportation service. We have no control over the quality or safety of the transportation that occurs as a result of the Ride share, Car share, Public Transit, parking, dry cleaning, food delivery, and other Services.

The Vervoer platform is provided on an “as is” basis and without any warranty or condition, express, implied or statutory. We do not guarantee and do not promise any specific results from use of the Vervoer platform and/or the Ride share, Car share, Public Transit, parking, or food delivery, and other Services, including the ability to provide or receive Services at any given location or time. Vervoer reserves the right, for example, to limit or eliminate access to the Vervoer platform for Ride share, Car share, Public Transit, parking, food delivery, and other Services in specific geographic areas and/or at specific times based on commercial viability, public health concerns, or changes in law. To the fullest extent permitted by law, we specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.

We do not warrant that your use of the Vervoer platform or Ride share, Car share, Public Transit, parking, food delivery and other Services will be accurate, complete, reliable, current, secure, uninterrupted, always available, or error-free, or will meet your requirements, that any defects in the VERVOER Platform will be corrected, or that the VERVOER Platform is free of viruses or other harmful components. We disclaim liability for, and no warranty is made with respect to, connectivity and availability of the VERVOER Platform.

We cannot guarantee that each Rider or Driver is who he or she claims to be. Please use common sense when using the VERVOER Platform and Rideshare Services, including looking at the photos of the Driver or Rider you have matched with to make sure it is the same individual you see in person. Please note that there are also risks of dealing with underage persons or people acting under false pretense, and we do not accept responsibility or liability for any content, communication or other use or access of the VERVOER Platform by persons under the age of 18 in violation of this Agreement. We encourage you to communicate directly with each potential Driver or Rider prior to engaging in an arranged transportation service.

VERVOER is not responsible for the conduct, whether online or offline, of any User of the VERVOER Platform. You are solely responsible for your interactions with other Users. We do not procure insurance for, nor are we responsible for, personal belongings left in the car by Drivers or Riders. By using the VERVOER Platform and participating in the Services, you agree to accept such risks and agree that VERVOER is not responsible for the acts or omissions of Users on the VERVOER Platform or participating in the Services.

You are responsible for the use of your User account and VERVOER expressly disclaims any liability arising from the unauthorized use of your User account. Should you suspect that any unauthorized party may be using your User account or you suspect any other breach of security, you agree to notify us immediately.

It is possible for others to obtain information about you that you provide, publish or post to or through the VERVOER Platform (including any profile information you provide), send to other Users, or share during the Services, and to use such information to harass or harm you. We are not responsible for the use of any personal information that you disclose to other Users on the VERVOER Platform. Please carefully select the type of information that you post on the VERVOER Platform or release to others. We disclaim all liability, regardless of the form of action, for the acts or omissions of other Users (including unauthorized users, or “hackers”).

Opinions, advice, statements, offers, or other information or content concerning VERVOER or made available through the VERVOER Platform, but not directly by us, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. Under no circumstances will we be responsible for any loss or damage resulting from your reliance on information or other content posted by third parties, whether on the VERVOER Platform or otherwise. We reserve the right, but we have no obligation, to monitor the materials posted on the VERVOER Platform and remove any such material that in our sole opinion violates, or is alleged to violate, the law or this agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Users or others.

Limitation of Liability

We (together with our officers, directors, employees, representatives, shareholders, affiliates, and providers), to the extent permitted by law, hereby expressly exclude any responsibility and liability for (a) any loss or damages to, or viruses that may infect, your computer equipment or other property as the result of your access to Our Website, your downloading of any content from Our Website or your use of Trips or (b) any injury; death; loss; claim; act of god; accident; delay; or any direct, special, exemplary, punitive, indirect, incidental or consequential damages of any kind (including—without limitation—lost profits or lost savings), whether based in contract, tort, strict liability or otherwise, that arise out of or is in any way connected with: (i) any use of Our Website, Trips or our content; (ii) any failure or delay (including—without limitation—the use of or inability to use any component of this Website for reservations or booking); or (iii) the performance or nonperformance by us or any Provider, even if we have been advised of the possibility of damages to such parties or any other party. Some states or countries do not allow this limitation of liability, so the limitations above may not apply or apply only partially to you.

Indemnification

Subject to these Terms, you will defend, indemnify and hold us and each of our officers, directors, employees and agents harmless from and against any claim, cause of action, liability, expense, loss or demand, including—without limitation—reasonable legal and accounting fees, arising out of, or in any way connected with your breach of these Terms or the agreements made part of these Terms by reference, your breach of any applicable law, and your use of or access to Our Website, Trips or the Intellectual Property.

Confidential Arbitration & Class Action Waiver

You agree that by accepting the Terms, you and Company are each waiving the right to trial by jury and the ability to participate in a class action. ANY AND ALL DISPUTES COMPANY OR YOU HAS RELATING IN ANY WAY TO THE SERVICES OR YOUR RELATIONSHIP WITH THE COMPANY (INCLUDING—WITHOUT LIMITATION—WITH RESPECT TO DATA, YOUR INTERACTION WITH THE COMPANY, COMPANY’S ADVERTISEMENTS AND DISCLOSURES, EMAIL AND MOBILE SMS (TEXT) MESSAGES COMPANY SENDS TO YOU, OR THE USE OR DISCLOSURE OF ANY INFORMATION ABOUT YOU), THESE TERMS OF USE, AND PRIVACY POLICY (COLLECTIVELY, “CLAIMS”) WILL BE SUBMITTED TO CONFIDENTIAL ARBITRATION IN THE FEDERAL JUDICIAL DISTRICT IN WHICH YOU RESIDE, EXCEPT TO THE EXTENT THAT YOU HAVE, IN ANY WAY, VIOLATED OR THREATENED TO VIOLATE ANY COMPANY INTELLECTUAL PROPERTY RIGHT. CLAIMS INCLUDE CLAIMS BASED ON CONTRACT, TORT (INCLUDING INTENTIONAL TORT), FRAUD, AGENCY, YOUR OR THE COMPANY’S NEGLIGENCE, STATUTORY OR REGULATORY PROVISIONS, OR ANY OTHER SOURCE OF LAW.

If you intend to seek arbitration, you must first send to the Company, by certified mail, a written Notice of Dispute (“Notice”). The Notice to Company must be sent. The Notice shall describe the nature and basis of the claim or disputes and the specific relief sought. If you and the Company cannot reach an agreement to resolve the claim within thirty (30) days after the Notice is received, either party may commence arbitration. All arbitrations required by these Terms will be conducted under the Commercial Arbitration rules of the American Arbitration Association. The arbitrator’s award is binding and may be entered in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration brought under, or with respect to, Claims is to be joined to an arbitration involving any other party subject to these Terms, whether through class arbitration proceedings or otherwise. Unless you and the Company agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative, private attorney general or class proceeding.

For arbitration claims that you assert against Company in accordance with this section (but not for any arbitration claim against you), Company will pay all of your administrative, hearing, and arbitrator’s fees and costs for the arbitration (but not the fees, expenses, and costs of your lawyers, experts, or witnesses) in excess of any filing fee you would have been required to pay in order to file the claim as a lawsuit in a state or federal court (whichever is greater) in the judicial district in which you reside. Unless unlawful, Company will pay its—and you will pay your—lawyers’, experts’, and witness’ fees, expenses, and costs with respect to all claims. The arbitrator may award money or equitable relief in favor of only the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. Similarly, an arbitration award and any judgment confirming it apply only to that specific case; it cannot be used in any other case except to enforce the award itself. To reduce the time and expense of the arbitration, the arbitrator will not provide a statement of reasons for his or her award unless requested to do so by all parties.