Terms of Service

TERMS OF SERVICE

Last Updated: 11/29/2015

Welcome to the Zum (“Zum”, “we", “us", or “our”) mobile device application (“App”) and website located at www.ridezum.com (the “Site”). These all individually and together are products and assets of Zum Services Inc. - a C Corps incorporated in Delaware. Please read these Terms of Service (the “Terms”) carefully because they govern your (“you”) use of our App and Site and our platform which you can use to co-ordinate the obtaining or provision of local transportation services (“Rides and/or Services”). Previously Zum operated under Liftee Inc. banner and all terms and services for Zum are updated and in continuation to one published at www.liftee.com previously.

We make our App and Site and Services available to individuals registered with Zum who are interested in obtaining Rides and/or Services for themselves alone or accompanied by any other individuals or for other individuals associated with their account (“Members”). We also make the App and Site available to individuals ‘Third Party’ registered with Zum who provide Rides and/or Services to Members and other passengers (“Zumer”).

To make these Terms easier to read, the Site, the App and our platform and services are collectively called the “Services.” Section headings in these terms may refer to “Members” and “Zumer” separately – in such instances, such sections will apply to you in your capacity as a “Member” or “Zumer,” as applicable.

By using our Services, you agree to be bound by these Terms. If you don’t agree to these Terms, you may not access or use the Services.

Notice Regarding Dispute Resolution: These Terms contain provisions that govern how claims you and Zum have against each other are resolved. It also contains an agreement to arbitrate, which will, with limited exception, require you to submit claims you have against us to binding and final arbitration, unless you opt-out of the agreement to arbitrate in accordance with Section 18. Unless you opt-out: (A) you will only be permitted to pursue claims against Zum on an individual basis, not as part of any class or representative action or proceeding and (B) you will only be permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis.

1. Changes to Terms or Services

We may modify these Terms at any time, in our sole discretion. If we do so, we’ll let you know either by posting the modified Terms on the Site or App or through other communications. It’s important that you review the Terms whenever we modify them because if you continue to use the Services after we have posted modified Terms on the Site or App, you are indicating to us that you agree to be bound by the modified Terms. If you don’t agree to be bound by the modified Terms, then you can’t use the Services anymore. Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.

2. Services Disclaimers

FOR THE AVOIDANCE OF DOUBT, ZUM DOES NOT PROVIDE TRANSPORTATION SERVICES, AND ZUM IS NOT A TRANSPORTATION CARRIER. IT IS UP TO THE ZUMER TO OFFER TRANSPORTATION SERVICES, WHICH MAY BE REQUESTED BY A MEMBER THROUGH THE USE OF THE SERVICES. ANY DECISION BY A MEMBER, OTHER PASSENGER OR ACCOUNT PASSENGER TO ACCEPT TRANSPORTATION FROM A ZUMER IS A DECISION MADE IN SUCH MEMBER, OTHER PASSENGER OR ACCOUNT PASSENGER’S SOLE DISCRETION. ZUM OFFERS INFORMATION AND A METHOD TO CONNECT ZUMER AND MEMBERS WITH EACH OTHER, BUT DOES NOT AND DOES NOT INTEND TO PROVIDE TRANSPORTATION SERVICES OR ACT IN ANY MANNER AS A TRANSPORTATION CARRIER, AND HAS NO RESPONSIBILITY OR LIABILITY FOR ANY TRANSPORTATION SERVICES VOLUNTARILY PROVIDED TO ANY MEMBER, OTHER PASSENGER OR ACCOUNT PASSENGER BY ANY ZUMER USING THE SERVICES.

ZUM DOES NOT GUARANTEE THE SUITABILITY, SAFETY OR ABILITY OF ZUMER. IT IS SOLELY YOUR RESPONSIBILITY TO DETERMINE IF A ZUMER WILL MEET YOUR NEEDS AND EXPECTATIONS. ZUM WILL NOT PARTICIPATE IN DISPUTES BETWEEN YOU AND A ZUMER. BY USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU MAY BE EXPOSED TO SITUATIONS INVOLVING ZUMER THAT ARE POTENTIALLY UNSAFE, OFFENSIVE, HARMFUL TO MINORS, OR OTHERWISE OBJECTIONABLE, AND THAT USE OF ZUMER ARRANGED OR SCHEDULED USING THE SERVICES IS AT YOUR OWN RISK AND JUDGMENT. ZUM SHALL NOT HAVE ANY LIABILITY ARISING FROM OR IN ANY WAY RELATED TO YOUR TRANSACTIONS OR RELATIONSHIP WITH ZUMER.

3. Who May Use the Services

Eligibility

Members: You may use the Services as the primary account-holder only if you are 18 years or older and capable of forming a binding contract with Zum and are not barred from using the Services under applicable law. You may obtain Rides and/or Services for yourself alone or when accompanied by other individuals (each, an “Other Passenger”) or you may associate with your Account certain individuals on whose behalf you wish to schedule Rides and/or Services (each, an “Account Passenger”). Account Passengers must be registered to your Account in order to participate in Rides and/or Services. If Other Passengers or Account Passengers are minors, they must be able to Rides and/or Services without the need of a child safety seat. Additionally, in order to participate in a Rides and/or Services, you and each of your Account Passengers then participating in the Rides and/or Services must have a mobile phone in their possession at the time of the Rides and/or Services (in order facilitate communication with the applicable Zumer) and you, Other Passengers and Account Passengers must agree to the Passenger Rules of the Rides and/or Services.

Zumer: You may use the Services as a Zumer only if you are 21 years of age or older and capable of forming a binding contract with Zum and are not barred from using the Services under applicable law. You must have a valid driver’s license in the state in which you will be providing Rides and/or Services, and you must have access to a mobile phone in order to use the App and provide Rides and/or Services.

To provide Rides and/or Services in the State of California, a Zumer’s Department of Motor Vehicle (DMV) records must have no more than 3 points within the preceding 3 years, no “major violations” (e.g., reckless driving, hit and run, or driving with a suspended license conviction) within the preceding 3 years, and no driving under the influence conviction within the past 7 years.

Registration and Your Information

Members: In order to access and use the Services, you’ll have to create an account (“Account”). You can do this online via the Site, App, google form, email or phone provided by Zum.

Zumer: In order to access and use the Services as a Zumer, you’ll have to visit our Site at www.ridezum.com and enter your mobile phone number and zip code. If you do not wish to receive a Zumer application via SMS, please contact us at [apply@ridezum.com] and provide us with your zip code. If you live in an area where we are currently offering our Services to Members, we will send you a link to our Zumer application.

When you apply to become a Zumer, you’ll provide us with certain information such as your name, email address, postal address, phone number, date of birth, education status, visa status, driving license status, payment account information and photographs of yourself and your car. We’ll use this information to administer your account on the Services, upon Zum’s approval of your application to become a Zumer (“Zumer Account”). We do not make any guarantees or commitments to individuals who want to become Zumer that they will become Zumer and we make decisions in this regard in our sole discretion. We reserve the right to perform background checks, including referral, criminal and motor vehicle background checks, either ourselves or through third-party service providers, to determine whether to grant individuals access to the Services as a Zumer. Should Zum decide to perform background checks, as a condition of your use of our Services, and where requested by Zum, you agree to provide any required or applicable signed consent to enable Zum or its third-party service provider to conduct such background checks, and you agree to provide additional information in order to perform (or have a third party perform) such background checks. This additional information may include your Social Security Number and DMV history.

Your Information

It’s important that you, as either a Member or a Zumer, provide us with accurate, complete and up-to-date information for your account and you agree to update such information to keep it accurate, complete, and up-to-date. If you don’t, we may suspend or terminate your Account or Zumer Account. By providing Zum with your email address or other contact information, you consent to our use of this information to send you notices related to the Services and other administrative notices, including any notices required by law. You agree that you won’t disclose your account password to anyone and you’ll notify us immediately of any unauthorized use of your account. You’re responsible for all activities that occur under your account, whether or not you know about them.

By providing us with your phone number and email id, you agree that the Services may send you information text (SMS) messages, call or email as part of the normal business operation of your use of the Services. You may opt-out of receiving text (SMS), call or email messages from Zum at any time by writing to us at support@ridezum.com from the mobile device, number or email receiving the messages. You acknowledge that opting out of receiving text (SMS) messages may impact your use of the Services.

4. Nature of Zumer Relationship

If you are a Zumer, you acknowledge and agree that you are not an employee of Zum and that nothing in these Terms will be construed as establishing an employment or agency relationship between you and Zum. You have no authority to bind Zum by contract or otherwise. You will determine, in your sole discretion, the manner and means by which Rides and/or Services are provided and performed, subject to the requirement that you will at all times comply with applicable law, these Terms, the terms of your Rides and/or Services Contracts (as defined below) and the Rules of the Rides and/or Services. However, Zum reserves the right to suspend or terminate your Zumer Account for violation of these Terms or the terms of your Rides and/or Services Contracts or the Rules of the Rides and/or Services.

As a Zumer, you will report to all applicable government agencies as income all payments received by you pursuant to these Terms. You will be solely responsible for payment of all withholding taxes, social security, workers’ compensation, unemployment and disability insurance or similar items required by any government agency for any payments received by you pursuant to these Terms. You will not be entitled to any benefits paid or made available by Zum to its employees, including, without limitation, any vacation or illness payments, or to participate in any plans, arrangements or distributions made by Zum pertaining to any bonus, stock option, profit sharing, insurance or similar benefits.

Zum may, or may have a third-party photographer contracted by Zum, take photographs of Zumer individually or in a group with other Zumers, Zum employees, Members or a Zumer’s family and friends (“Zumer Photos”). If you are a Zumer, you hereby grant Zum all applicable consents and permissions to photograph you (take “Zumer Photos”) or to have a third party service photographer photograph you (take "Zumer Photos”) and you hereby grant Zum a worldwide, non-exclusive, perpetual, irrevocable, sublicensable, assignable, royalty-free, fully paid-up, transferable right and license to use, reproduce, distribute, prepare derivative works of, publicly display, and publicly perform your name and your image and likeness in any “Zumer Photos”, in connection with the operation, advertisement and promotion of the Services, without any compensation for, or obligation to pay, you. Such consents and permissions will survive any termination or expiration of these Terms. Zum owns all right, title and interest in all “Zumer Photos” and may use such “Zumer Photos” in any manner in which it sees fit in connection with the Services.

5. The Services

Through the Services, we provide a platform that allows Members to schedule Rides and/or Services from Zumer, including the ability:

Members: You may schedule a Rides and/or Services for yourself or on behalf of an Account Passenger by providing the necessary descriptive information for the desired Rides and/or Services through the App or email or Google Form or phone number provided by Zum, including (i) the Member or Account Passengers who will be participating in the Rides and/or Services, (ii) number of Other Passengers who will be participating in the Rides and/or Services; (iii) the pick-up and drop-off locations, and (iv) the desired pick-up time and date (collectively, the “Rides and/or Services Description”). You will also be presented with an estimation of the applicable Rides and/or Services Fees (as defined below) before you confirm your reservation. Upon submitting a Rides and/or Services Description and requesting such Rides and/or Services to be scheduled through the Services, you will be contacted by a Zumer to provide your Rides and/or Services. You or your Zumer will have the ability to cancel such Rides and/or Services for a reasonable period of time before the scheduled pick-up time; this cancellation period will be communicated to you via the App or email or phone number registered with us (the “Cancellation Period”).

Zumer: After registering your Zumer Account, you will be informed through the App, or email or Google Form or phone (call or text) Rides and/or Services that Members have requested in your approximate geographic region. From time to time, you may receive notifications via text, email or the App from Zum indicating a Rides and/or Services opportunity. This notification will include general information about the desired Rides and/or Services, such as the neighborhoods of the pick-up and drop-off locations and an estimate of the applicable Rides and/or Services Fees (as defined below). Other Zumer may also receive such notification. If you are the Zumer to accept the Rides and/or Services, you will receive an additional notification that will include the Rides and/or Services Description.

The provision of Rides and/or Services involves a direct contractual relationship between a Member and a Zumer, and Members and Zumer agree that they will contract directly with one another for the provision of Rides and/or Services. You acknowledge and agree that this contractual relationship is formed when a Zumer agrees to provide a Rides and/or Services through the Services. In such instance, the Member agrees to pay for (subject to the Zumer’s and Member’s right to cancel such Rides and/or Services during the Cancellation Period) and the Zumer agrees to perform, the Rides and/or Services in accordance with the following terms and agreements: (1) these Terms, (2) the Rides and/or Services Description, and (3) the Rides and/or Services Fees (as further described in “Payment Terms” below) (collectively, a “Rides and/or Services Contract”). You also agree with, and that each of your Rides and/or Services Contracts will include, the following terms:

Zum offers a technology platform to provide the Services and is not involved in the provision of Rides and/or Services. Zum’s sole responsibility with respect to Rides and/or Services Contracts is limited to (i) facilitating the availability of the Services, and (ii) serving as the limited authorized agent of the Zumer for the purpose of accepting payments from Members on behalf of the Zumer and transmitting such payments to the Zumer as described below.

Zumer: You agree that: (i) you have no pre-existing obligations or commitments (and will not assume or otherwise undertake any obligations or commitments) that would be in conflict or inconsistent with or that would hinder your performance of your obligations under these Terms or your Rides and/or Services Contracts; and (ii) Rides and/or Services will be performed in a thorough and professional manner, with the requisite training, background, experience, technical knowledge and skills necessary to perform Rides and/or Services.

6. Payment Terms

Members: You agree to pay, and you hereby authorize Zum’s third-party payment processor to charge via the credit card or PayPal or third-party payment processing account on file in your Account (your "Payment Method”) for all applicable fees and taxes that may accrue in relation to your subscription to use the Services and Rides and/or Services Contracts (example of third party providers are GoCardless, PayPal, Stripe or Square).These payment processing services are governed by the terms and conditions of those third party services and will apply to the payments you make using them. Any personal information you provide to these payment providers will be processed in accordance with their privacy policies and not ours. Please see our Privacy Policy for further details regarding your personal information and the third party service providers that we use.

Member Subscription Fees: The fees for your subscription to use the Services (“Subscription Fees”), if applicable, are payable in advance on a monthly basis and will accrue on a rolling basis from your date of Account registration (for example, if you register your Account on the 15th day of the month, you will be billed at the time of registration and on approximately the 15th day of each month thereafter). If you want to terminate your subscription to the Services, you may do so via your Account settings in the App and you will no longer be charged the Subscription Fees starting in the month immediately after the month in which you provided your notice of termination. You will not be refunded for any partial month’s subscription to use the Services. We do not offer refunds for Subscription Fees, even if you don’t use your Account. We may revise the Subscription Fees by providing you at least 30 days prior notice via the Services.

Member Rides and/or Services Fees: You will be charged a fee by your Zumer for each Rides and/or Services completed by your Zumer (“Rides and/or Services Fees”). Rides and/or Services Fees vary based on the particular Rides and/or Services in question. When scheduling a Rides and/or Services through the App, you will be quoted an estimate of the applicable Rides and/or Services Fees before you confirm your reservation. Your actual Rides and/or Services Fees for any given Rides and/or Services may vary from these estimates based on (i) the amount of time it takes to perform your Rides and/or Services (e.g., including the Zumer’s waiting time if you, Other Passengers or your Account Passengers (as applicable) delay your pick-up and/or departure time, or increased Rides and/or Services time due to traffic delays), and (ii) the distance travelled during your Rides and/or Services (e.g., if a detour is required to avoid adverse road conditions). Your Rides and/or Services Fees may also vary if you change your pick-up time after confirming your Rides and/or Services reservation, or if your Zumer is late for your scheduled pick-up time.

You understand that use of the Services may result in charges to you for the services or goods you receive from a Third Party Provider - Zumer ("Charges"). After you have received services or goods obtained through your use of the Service, Zum will facilitate your payment of the applicable Charges on behalf of the Third Party Provider, as such Third Party Provider's limited payment collection agent. Payment of the Charges in such manner shall be considered the same as payment made directly by you to the Third Party Provider. Charges will be inclusive of applicable taxes where required by law. Charges paid by you are final and non-refundable, unless otherwise determined by Zum. You retain the right to request lower Charges from a Third Party Provider for services or goods received by you from such Third Party Provider at the time you receive such services or goods. Zum will respond accordingly to any request from a Third Party Provider to modify the Charges for a particular service or good.

All Charges are due immediately and payment will be facilitated by Zum using the preferred payment method designated in your Account, after which Zum will send you a receipt by email. If your primary Account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that Zum may, as the Third Party Provider's limited payment collection agent, use a secondary payment method in your Account, if available.

As between you and Zum, Zum reserves the right to establish, remove and/or revise Charges for any or all services or goods obtained through the use of the Services at any time in Zum's sole discretion. Further, you acknowledge and agree that Charges applicable in certain geographical areas may increase substantially during times of high demand. Zum will use reasonable efforts to inform you of Charges that may apply, provided that you will be responsible for Charges incurred under your Account regardless of your awareness of such Charges or the amounts thereof. Zum may from time to time provide certain users with promotional offers and discounts that may result in different amounts charged for the same or similar services or goods obtained through the use of the Services, and you agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of the Services or the Charges applied to you. You may elect to cancel your request for services or goods from a Third Party Provider at any time prior to such Third Party Provider's arrival, in which case you may be charged a cancellation fee.

This payment structure is intended to fully compensate the Third Party Provider for the services or goods provided. Zum does not designate any portion of your payment as a tip or gratuity to the Third Party Provider. Any representation by Zum (on Zum's website, in the Application, or in Zum's marketing materials) to the effect that tipping is "voluntary," "not required," and/or "included" in the payments you make for services or goods provided is not intended to suggest that Zum provides any additional amounts, beyond those described above, to the Third Party Provider. You understand and agree that, while you are free to provide additional payment as a gratuity to any Third Party Provider who provides you with services or goods obtained through the Service, you are under no obligation to do so. Gratuities are voluntary. After you have received services or goods obtained through the Service, you will have the opportunity to rate your experience and leave additional feedback about your Third Party Provider.

REPAIR OR CLEANING FEES.

You shall be responsible for the cost of repair for damage to, or necessary cleaning of, Third Party Provider vehicles and property resulting from use of the Services under your Account in excess of normal "wear and tear" damages and necessary cleaning ("Repair or Cleaning"). In the event that a Third Party Provider reports the need for Repair or Cleaning, and such Repair or Cleaning request is verified by Zum in Zum's reasonable discretion, Zum reserves the right to facilitate payment for the reasonable cost of such Repair or Cleaning on behalf of the Third Party Provider using your payment method designated in your Account. Such amounts will be transferred by Zum to the applicable Third Party Provider and are non-refundable.You acknowledge and agree that Zum may, and you hereby authorize Zum to, charge your Payment Method up to $250 on a per-Rides and/or Services basis for any damages incurred by your Zumer that were caused by you, Other Passengers or Account Passengers during a Rides and/or Services, as determined in Zum’s sole discretion.

You are responsible for providing complete and accurate Payment Method and contact information to us. We may suspend or terminate your access to the Services if Subscription Fees or Rides and/or Services Fees are 30 days past due. All fees and payments are non-refundable and non-transferable except as expressly provided in these Terms. All amounts referred to in these Terms, including those set forth through the Services, are stated in U.S. dollars and do not include any taxes. You will be responsible for the payment of any taxes applicable to any payments made hereunder, except taxes based on Zum’s income or the income of the Zumer. Zum has no obligation to provide refunds or credits relating to any Rides and/or Services, but may do so in Zum’s sole discretion.

Zumer: As your sole compensation for the provision of Rides and/or Services, upon completion of each Rides and/or Services, the applicable Member will pay the applicable Rides and/or Services Fees subject to these Terms including deduction of the Zum Services Fees, as described below, after which payment is made to you. Rides and/or Services Fees vary based on the particular Rides and/or Services in question, as described above.

Following the completion of each Rides and/or Services, you hereby authorize Zum to: (i) collect (and have collected by Zum’s third-party payment processor) the Rides and/or Services Fees from the applicable Member on your behalf, which may include deduction from an amount previously credited to such Member’s Account (“Account Credit”); (ii) retain a percentage of such Rides and/or Services Fees (“Zum Services Fee”) in consideration for your access to the Services, and (iii) address potential problems relating to the performance of the Rides and/or Services in any manner we deem appropriate, including, without limitation, refunding the Rides and/or Services Fees to the applicable Member. Zum will remit to the Zumer the applicable Rides and/or Services Fees less the Zum Services Fee to the Zumer’s designated payment account on a weekly basis. The Zumer is responsible for providing complete and accurate billing and contact information to us. All monies provided to the Zumer will be provided in U.S. dollars.

Zum will not reimburse you for any expenses incurred by you in connection with providing Rides and/or Services. You are solely responsible for all costs incurred by you in using the Services and providing Rides and/or Services (including, without limitation, the upkeep of your vehicle) and determining, collecting, reporting and paying all applicable state and federal sales, income and other taxes. We may revise the Zum Services Fees at any time, in our sole discretion, by providing you at least 30 days prior notice via the Services.

7. Zumer Representations and Warranties

By using the Service, you (as a Zumer) represent, warrant and agree that:

8. Feedback

We welcome feedback, comments and suggestions for improvements to the Services (“Feedback”). You can submit Feedback by contacting Zum at [Feedback@ridezum.com]. You hereby grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sublicensable, assignable and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon, perform, display, and otherwise exploit the Feedback for any purpose.

9. Content and Content Rights

For purposes of these Terms: (i) “Content” means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Services; and (ii) “User Content” means any Content that Members, Other Passengers, Zumer (including you) or Account Passengers provide to be made available through the Services. Content includes without limitation User Content.

Content Ownership, Responsibility and Removal

Zum does not claim any ownership rights in any User Content that you make available through the Services and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit your User Content. Subject to the foregoing, Zum and its licensors exclusively own all right, title and interest in and to the Services and Content, including Zumer Photos, including all associated intellectual property rights. You acknowledge that the Services and Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services.

Rights in User Content Granted by You

By making any User Content available through the Services, you hereby grant to Zum a worldwide, non-exclusive, perpetual, irrevocable, transferable, sublicensable, fully paid-up, royalty-free license to use, copy, modify, create derivative works based upon, publicly display, publicly perform, and distribute your User Content in connection with operating and providing the Services and Content to you and to other Zumer, Members, Other Passengers and Account Passengers.

You are solely responsible for all your User Content. You represent and warrant that you own all your User Content or you have all rights that are necessary to grant us the license rights in your User Content under these Terms. You also represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the Services, nor any use of your User Content by Zum or Zumer, Members, Other Passengers or Account Passengers on or through the Services will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

You can remove your User Content by specifically deleting it. However, in certain instances, some of your User Content may not be completely removed and copies of your User Content may continue to exist on the Services. We are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content.

Rights in Content Granted by Zum

Subject to your compliance with these Terms, Zum grants you a limited, non-exclusive, revocable, non-transferable, non-assignable, non-sublicensable license to access and view the Content solely in connection with your permitted use of the Services.

Rights and Terms for Apps

Rights in App Granted by Zum. Subject to your compliance with these Terms, Zum grants you a limited non-exclusive, revocable, non-transferable, non-assignable, non-sublicensable license to download and install copies of the App on mobile devices that you own or control and to run such copy of the App solely in connection with your permitted use of the Services. You may not copy the App. Except as expressly permitted in these Terms, you may not: (i) copy, modify or create derivative works based on the App; (ii) distribute, transfer, sublicense, lease, lend or rent the App to any third party; (iii) reverse engineer, decompile or disassemble the App; or (iv) make the functionality of the App available to multiple users through any means. Zum reserves all rights in and to the App not expressly granted to you under these Terms.

Additional Terms for App Store Apps. If you accessed or downloaded the App from the Apple Store, then you agree to use the App only: (i) on an Apple-branded product or device that runs iOS (Apple’s proprietary operating system software); and (ii) as permitted by the “Usage Rules” set forth in the Apple Store Terms of Service. If you accessed or downloaded the App from any app store or distribution platform (like the Apple Store, Google Play or the Amazon Appstore) (each, an “App Provider”), then you acknowledge and agree that:

Federal Government End Use Provisions: Zum provides the Services, including related software, documentation, and technology, for ultimate federal government end use solely in accordance with the following: government technical data and software rights related to the Services include only those rights customarily provided to the public as defined in these Terms. This customary commercial license is provided in accordance with FAR 12.211 (Technical Data) and FAR 12.212 (Software) and, for Department of Defense transactions, DFAR 252.227-7015 (Technical Data – Commercial Items) and DFAR 227.7202-3 (Rights in Commercial Computer Software or Computer Software Documentation). If a government agency has a need for rights not granted under these Terms, it must negotiate with Zum to determine if there are acceptable terms for granting those rights, and a mutually acceptable written addendum specifically granting those rights must be included in any applicable agreement.

10. General Prohibitions and Zum’s Enforcement Rights

Zumer, Members, Other Passengers and Account Passengers agree to comply with the Rules of the Rides and/or Services, and further agree not to do or attempt to do any of the following:

Although we’re not obligated to monitor access to or use of the Services or Content or to review or edit any Content, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms, or to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any Content to be objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.

11. Links to Third-Party Websites or Resources

The Services may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, products or services on or available from those websites or resources or links displayed on such sites. You acknowledge sole responsibility for, and assume all risk arising from, your use of any third-party websites or resources.

12. DMCA/Copyright Policy

Zum respects copyright law and expects its users to do the same. It is Zum’s policy to terminate in appropriate circumstances Account holders who repeatedly infringe the rights of copyright holders. Please see Zum’s Copyright Policy for further information.

Termination

We may terminate or suspend your access to and use of the Services, at our sole discretion, at any time and without notice to you, including, but not limited to, in the event you cancel a Rides and/or Services. You may cancel your Account or Zumer Account at any time via the settings in the App. Upon any termination, discontinuation or cancellation of Services or your Account or Zumer Account, Sections 1, 2, 4, 6, 7, 8, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 21, and 22 will survive.

13. Warranty Disclaimers

THE SERVICES AND CONTENT ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any Content.

ZUM CONDUCTS BACKGROUND CHECKS INCLUDING CRIMINAL AND MOTOR VEHICLE BACKGROUND CHECKS ALONG WITH A REVIEW OF OTHER RELEVANT BACKGROUND INFORMATION ON ITS ZUMER AND REQUIRES THAT THEY AGREE TO THE RULES OF THE RIDES AND/OR SERVICES. FURTHER, ONLY ZUMER WHO SUCCESSFULLY COMPLETE ZUM’S SCREENING PROCESS, AS DETERMINED IN ZUM’S DISCRETION, WILL BE ALLOWED TO USE THE SERVICES TO PROVIDE RIDES AND/OR SERVICES. ZUM ENDEAVORS TO ENSURE POSITIVE INTERACTIONS BETWEEN MEMBERS, OTHER PASSENGERS, ACCOUNT PASSENGERS AND ZUMER, AND WORKS HARD TO ENSURE AN OPTIMAL, COMFORTABLE AND SAFE EXPERIENCE; HOWEVER, ZUMER ARE HUMAN BEINGS, AND NO ONE IS PERFECT. SO, AS HARD AS WE TRY, ZUM DOES NOT CONTROL, AND MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, OR ACCURACY OF, THE ZUMER’S PROVISION OR PERFORMANCE OF RIDES AND/OR SERVICES OR THE CONDITION OF THE VEHICLES IN WHICH RIDES AND/OR SERVICES ARE PERFORMED. THE PROVISION AND QUALITY OF RIDES AND/OR SERVICES REQUESTED THROUGH THE USE OF THE SERVICES IS ENTIRELY THE RESPONSIBILITY OF THE APPLICABLE ZUMER. ZUM MAKES NO WARRANTY, AND UNDER NO CIRCUMSTANCE ACCEPTS ANY LIABILITY IN CONNECTION WITH AND/OR ARISING FROM, ZUMER’S PROVISION OF RIDES AND/OR SERVICES, THE CONDITION OF THE VEHICLES IN WHICH RIDES AND/OR SERVICES ARE PERFORMED, ANY ACTS, ACTION, BEHAVIOR, CONDUCT, AND/OR NEGLIGENCE ON THE PART OF THE ZUMER, OR ANY LOSS OF OR DAMAGE TO MEMBER’S PROPERTY OR THAT OF OTHER PASSENGERS OR ACCOUNT PASSENGERS DURING OR AFTER A RIDES AND/OR SERVICES.

14. Assumption of Risk and Indemnity

YOU (AS EITHER A MEMBER OR A ZUMER) KNOWINGLY AND FREELY ASSUME ALL RISK WHEN USING THE SERVICES. YOU, ON BEHALF OF YOURSELF, YOUR PERSONAL REPRESENTATIVES AND YOUR HEIRS, HEREBY VOLUNTARILY AGREE TO RELEASE, WAIVE, DISCHARGE, HOLD HARMLESS, DEFEND AND INDEMNIFY ZUM AND ITS OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS, AGENTS, SUCCESSORS AND ASSIGNS, FROM AND AGAINST ANY CLAIMS, DISPUTES, DEMANDS, LIABILITIES, DAMAGES, LOSSES, AND COSTS AND EXPENSES, INCLUDING, WITHOUT LIMITATION, REASONABLE LEGAL, ATTORNEYS’, AND ACCOUNTING FEES ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR (OR, IN THE CASE OF MEMBERS, YOUR OTHER PASSENGERS OR ACCOUNT PASSENGERS) (I) ACCESS TO OR USE OF THE SERVICES OR CONTENT OR YOUR USER CONTENT (II) RIDES AND/OR SERVICES CONTRACTS OR YOUR ACCOUNT PASSENGERS’ RECEIPT (OR, AS A ZUMER, YOUR PROVISION) OF RIDES AND/OR SERVICES INCLUDING, WITHOUT LIMITATION, FOR BODILY INJURY, WRONGFUL DEATH, EMOTIONAL DISTRESS, OR OTHER DAMAGES OR HARM, WHETHER TO YOU OR TO THIRD PARTIES, WHICH MAY RESULT FROM THE PROVISION OF RIDES AND/OR SERVICES, (III) VIOLATION OF THESE TERMS, INCLUDING, WITHOUT LIMITATION, FOR BODILY INJURY, WRONGFUL DEATH, EMOTIONAL DISTRESS, LOSS OF SERVICES OR OTHER DAMAGES OR HARM, WHETHER TO YOU OR TO THIRD PARTIES, WHICH MAY RESULT FROM YOUR USE OF THE SERVICES, (IV) CLAIMS THAT ZUM VIOLATED ANY EMPLOYMENT LAWS, INCLUDING, BUT NOT LIMITED TO, THOSE RELATING TO WORKER CLASSIFICATION, OVERTIME, AND MEAL AND REST BREAKS, OR (V) CLAIMS, OR ANY DECISION BY A COURT, ARBITRATOR, OR GOVERNMENT AGENCY, THAT ZUM IS OBLIGATED TO PAY ANY WITHHOLDING TAXES, SOCIAL SECURITY, UNEMPLOYMENT OR DISABILITY INSURANCE OR SIMILAR ITEMS IN CONNECTION WITH ANY PAYMENT RECEIVED BY YOU UNDER THE TERMS.

15. Limitation of Liability

NEITHER ZUM NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES OR CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ZUM HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. ZUM WILL HAVE NO LIABILITY TO YOU, OTHER PASSENGERS, ACCOUNT PASSENGERS OR TO ANY THIRD PARTY THAT ARISES OUT OF OR RELATES TO ZUMER’S PROVISION OF RIDES AND/OR SERVICES OR ANY RIDES AND/OR SERVICES CONTRACT OR ANY DISPUTE, CONTROVERSY OR CLAIM THAT ARISES OUT OF OR RELATES TO ZUMER’S ACTIONS OR INACTIONS, MEMBERS’, OTHER PASSENGERS’ OR ACCOUNT PASSENGERS’ ACTIONS OR INACTIONS, PROVISION OF RIDES AND/OR SERVICES OR ANY RIDES AND/OR SERVICES CONTRACT.

IN NO EVENT WILL ZUM’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT EXCEED $1000.

THE ASSUMPTION OF RISK AND LIMITATION OF LIABILITY SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN ZUM AND YOU.

16. Confidential Information

For purposes of these Terms, “Confidential Information” means and will include (i) any information, materials or knowledge regarding Zum and its business, financial condition, products, programming techniques, customers, suppliers, technology or research and development that is disclosed to you or to which you have access in connection with your use of the Services and provision of Rides and/or Services and (ii) any information provided to you or that you obtain about Members, Other Passengers or Account Passengers. Confidential Information will not include any information that: (a) is or becomes part of the public domain through no fault of you; (b) was rightfully in your possession at the time of disclosure, without restriction as to use or disclosure; or (c) you rightfully receive from a third party who has the right to disclose it and who provides it without restriction as to use or disclosure. You agree to hold all Confidential Information in strict confidence, not to use it in any way, commercially or otherwise, except in providing Rides and/or Services, and not to disclose it to others. You further agree to take all actions reasonably necessary to protect the confidentiality of all Confidential Information. In particular, you agree to use any information you receive or obtain about Other Passengers or Account Passengers for the sole purposes of provision of the applicable Rides and/or Services and for no other purpose and you agree not to disclose this information to any third party for any reason.

17. Dispute Resolution

Between You and Another User: Because Zum is not involved in the provision of Rides and/or Services, in the event that you (or, as a Member, your Other Passengers or Account Passengers) have a dispute with one or more other Members, Other Passengers, Account Passengers or Zumer, as applicable (each, an “Other Party”), you agree to address such dispute directly with the Other Party in question. You release Zum (and our officers, directors, agents, investors, subsidiaries, and employees) (collectively “Releasees”) from any and all claims, demands, or damages (actual or consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such dispute. If such a dispute arises, Zum may, in its sole discretion, facilitate communication between you and the Other Party in connection with such dispute. If such a dispute is unable to be resolved between you and the Other Party, Zum may, in its sole discretion, and where feasible, intervene in such dispute and take any actions we deem appropriate.

Agreement to Arbitrate: Except for claims related to Zum’s intellectual property rights, You and Zum agree that any dispute, claim or controversy between you (or, as a Member, your Other Passengers or Account Passengers) and Zum arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services or Content (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains the right: (i) to bring an individual action in small claims court and (ii) to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights (the action described in the foregoing clause (ii), an “IP Protection Action”). The exclusive jurisdiction and venue of any IP Protection Action will be the state and federal courts located in the Northern District of California and each of the parties hereto waives any objection to jurisdiction and venue in such courts. You acknowledge and agree that you and Zum are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and Zum otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this Section 18 will survive any termination of these Terms.

Arbitration Rules: The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section.

Arbitration Process: A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration at https://www.adr.org/aaa/ShowPDF?doc=ADRSTG_015820 and a separate form for California residents at https://www.adr.org/aaa/ShowPDF?doc=ADRSTG_015822. The arbitrator will be either a retired judge or an attorney licensed to practice law and will be selected by the parties from the AAA’s roster of arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.

Arbitration Location and Procedure: Unless you and Zum otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of the documents that you and Zum submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.

Arbitrator’s Decision: The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award of damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law. Zum will not seek, and hereby waives all rights it may have under applicable law to recover, attorneys’ fees and expenses if it prevails in arbitration.

Fees: Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. However, if your claim for damages does not exceed $75,000, Zum will pay all such fees unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).

Time Limitation on Claims: You agree that any claim you may have arising out of or related to your relationship with Zum and/or these Terms must be filed within one year after such claim arose; otherwise, your claim is permanently barred.

Thirty-Day Right to Opt Out: You have the right to opt out and not be bound by the arbitration- and class-action-waiver provisions set forth in this Section 18 by sending written notice of your decision to opt out to us. The notice must be sent within 30 days of registering to use the Services; otherwise, you shall be bound to arbitrate disputes in accordance with these Terms. If you opt out of these arbitration provisions, Zum also will not be bound by them. In addition, if you elect to opt out of these arbitration provisions, Zum may terminate your use of the Service.

18. Changes

Notwithstanding the provisions of the “Changes to Terms or Services” section above, if Zum changes this “Dispute Resolution” section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice to us within 30 days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of Zum’s communication to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Zum in accordance with the provisions of this “Dispute Resolution” section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).

19. Insurance

Zum will provide limited liability insurance covering Members, Other Passengers and Account Passengers during Rides and/or Services. However, Zumer are otherwise responsible for insurance for the vehicles they use to provide Rides and/or Services.

20. General Terms

These Terms constitute the entire and exclusive understanding and agreement between Zum and you regarding the subject matter hereof, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Zum and you regarding the subject matter hereof. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.

These Terms and any action related thereto will be governed by, and interpreted and construed in accordance with, the laws of the State of California without regard to its conflict of laws provisions. These Terms will not be governed by the United Nations Conventions on Contracts for the International Sale of Goods.

Under California Civil Code Section 1789.3, California users of the Services are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210.

These Terms may not be changed, waived, or modified except by Zum as provided herein or otherwise by written instrument signed by Zum. Employees of Zum are not authorized to modify the terms of these Terms, either orally or in writing. If any employee of Zum offers to modify these Terms, he or she is not acting as an agent for Zum or speaking on Zum’s behalf. You may not rely, and should not act in reliance on, any statement or communication from an employee of Zum or and Zum.

You may not assign or transfer these Terms, by operation of law or otherwise, without Zum’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Zum may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

Any notices or other communications provided by Zum under these Terms, including those regarding modifications to these Terms, will be given: by Zum (i) via email; or (ii) by posting to the Services. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.

Zum’s failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Zum. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.

21. Contact Information

If you have any questions about these Terms or the Services, please contact Zum at support@ridezum.com.