Privacy Policy & TOS

Privacy Policy

DOLLARIDE, INC. PRIVACY NOTICE

Effective Date: July 14, 2020

I. INTRODUCTION

When you use any of the products or services offered by Dollaride, Inc. or its subsidiaries (collectively, “Dollaride“), including our payment systems, our ride booking platform, our apps (including the Dollaride – Passenger and Dollaride – Driver mobile apps) (“Apps“), our driver solutions, our dispatch systems, our websites (“Sites“) and/or our other channels that enable users to connect to our systems to use or obtain services (collectively, the “Platform” and, such services, “Services“), we may collect the types of personal information and data described below. This privacy notice describes how we use that information and data, with whom we share it and the choices available to users of our Platform and Services regarding our use of that information and data. In addition, we describe the measures we take to protect the security of the information and how users can contact us about our privacy practices.

II. OVERVIEW

A. Scope

This notice applies to users of the Platform or the Services anywhere in the world.

This notice specifically applies to:

• Payers and Payees: individuals who attempt to or actually make or receive a payment via or payment systems, including our payment terminals and/or Apps, whether such payments are made using a credit card, an account on the Platform (an “Account”) or through other means.




• Passengers: individuals who request or receive transportation, including those who receive transportation requested by another individual.




• Drivers: individuals who provide transportation, whether individually or through a third party transportation company (e.g., a commuter van authorization).

This notice also governs Dollaride’s other collections of personal data in connection with the Services. For example, we may collect the contact information of individuals who use accounts on the Platform established by business, corporate or government agency users of our Platform.

All those subject to this notice are referred to herein as “users”.

In addition, please note the following:

• For passengers without a Dollaride account: The personal data of passengers who take trips arranged via our Platform (including our Apps) by the holder of an Account (such as a corporation, government agency or healthcare provider) is processed in accordance with our contract with the holder of that account, the terms of which contract supersede and take precedence over any conflicting terms of this notice. Such processing may include sharing of passenger location data and usage of Platform or the Services with the Account holder. Please contact the Account holder for more information.

Our data practices are subject to applicable laws in the places in which we operate. This means that we engage in the practices described in this notice in a particular country or region only if permitted under the laws of those places. Please contact us at ops@dollaride.com with any questions regarding our practices in a particular country or region.

B. Data controller and transfer

Dollaride, Inc. (370 Jay Street, 7th Floor, Brooklyn, NY, 11201, USA) is the data controller for the personal data collected in connection with use of the Platform or Services in the United States and Canada.

Questions, comments or complaints about Dollaride’s data practices can be submitted to ops@dollaride.com.

III. DATA COLLECTIONS AND USES

A. The data we collect

Dollaride collects:

• Data provided by users to Dollaride, such as during account creation and/or when making a payment or requesting transportation;




• Data created during use of the Platform or Services, such as payment information, location, App usage and/or device data; and




• Data from other sources, such as third parties that use Dollaride’s APIs and/or provide analysis of collected data.

The following data is collected by or on behalf of Dollaride:

1. Data provided by users, which includes:

• User profile: We collect data when users create or update their Accounts. This may include their name, email, phone number, username and password, address, profile picture, payment or banking information (including related payment verification information), government identification documents (including driver’s license numbers and images), birthdate, signature and/or photo. This may also include vehicle or insurance information of drivers and user settings. We may use information (including photos) submitted by users to verify their identities or Account usage, such as, for example, cross-referencing public databases and/or using facial recognition technologies. For more information, please see the section titled “How we use personal data.”




• Background check and identity verification: We may collect background check and identity verification information for drivers who establish an account with us directly. This may include information such as driver history or criminal record (where permitted or required by applicable law) and right to work. This information may be collected by an authorized vendor on Dollaride’s behalf.




• User content: We collect the information users submit when they contact Dollaride, including for customer support. This may include feedback, photographs or other recordings collected by users, as well recordings of telephone calls or other communications between users and Dollaride.

2. Data created during use of our Platform or Services, which includes:

• Location data: We collect precise or approximate location data from a user’s mobile device if enabled by the user to do so. For drivers, Dollaride collects this data either from Dollaride equipment installed in the vehicles or when the Dollaride – Driver App is running in the foreground (app open and on-screen) or background (app open but not on-screen) of their mobile devices. For passengers, Dollaride collects this data when the passenger is engaged in a trip and the Dollaride – Passenger App is running in the foreground or the background. For payers and payees, Dollaride collects this data from the Dollaride equipment or Apps through which payments are made. Passengers may use certain Apps without enabling Dollaride to collect location data from their mobile devices; however, this may affect some functionality available in such Apps. For example, a user who has not enabled location data collection in the Dollaride – Passenger App may have to manually enter his or her pickup address when making a transportation request. In addition, the location data collected from a Dollaride or driver device during a trip or a payment may be linked to the user’s account, even if the user has not enabled location data to be collected from his, her or its device, including for purposes of receipt generation, customer support, fraud detection, insurance and/or litigation.



• Transaction and Payment information: We collect transaction information (including payment information) related to the use of our Platform or Services, including the type of Services requested or provided, request details, trip information, date and time the Service was provided, amount charged, distance traveled and payment method.




• Usage data: We collect data about how users interact with our Platform and Services. This includes data such as access dates and times, App or Site features or pages viewed, App or Site crashes and other system activity, type of browser and third-party sites or services used before interacting with our Platform and Services. In addition, if you visit our Sites, we may collect certain information by automated means, such as cookies and web beacons. The information collected in this manner includes IP address, browser characteristics, device characteristics, operating system, language preferences, referring URLs, information on actions taken on the Sites and dates and times of Site visits. A “cookie” is a text file that websites send to a visitor’s computer or other Internet-connected device to uniquely identify the visitor’s browser or to store information or settings in the browser. A “web beacon,” also known as an Internet tag, pixel tag or clear GIF, links web pages to web servers and their cookies and may be used to transmit information collected through cookies back to a web server. Through these automated collection methods, we may obtain “clickstream data,” which is a log of content on which a visitor clicks while browsing a website. As a visitor clicks through our website, a record of the action may be collected and stored. Certain data elements collected through automated means, such as your browser information, may be linked with other information otherwise obtained about you to let us know, for example, whether you have opened an email we sent to you. Your browser may tell you how to be notified when you receive certain types of cookies or how to restrict or disable certain types of cookies. Please note, however, that without cookies you may not be able to use all of the features of our Sites.




• Device data: We may collect data about the devices used to access our Platform or Services, including the hardware models, device IP addresses, operating systems and versions, software, preferred languages, unique device identifiers, advertising identifiers, serial numbers, device motion data and mobile network data.




• Communications data: We may enable users to communicate with each other and/or Dollaride through our Apps, Sites, email, text message, telephone and/or other means. For example, we enable drivers and passengers to call, text or send other files to each other (generally without disclosing their telephone numbers to each other). To provide this service, Dollaride receives some data regarding the calls, texts or other communications, including the date and time of the communications and the content of the communications. Dollaride may also use this data for customer support services (including to resolve disputes between users), for safety and security purposes (including fraud prevention), to improve our products and services and/or for analytics.

3. Data from other sources, which includes:

• User feedback, such as ratings, feedback, complaints or compliments.




• Users participating in our referral programs. For example, when a user refers another person, we receive the referred person’s personal data from that user.




• Account holders who request services for or on behalf of other users, or who enable such users to request or receive services through their accounts. This includes holders of Enterprise Business Accounts.




• Users or others providing information in connection with claims or disputes.




• Dollaride business partners through which users create or access their Account, such as third party apps or websites that use Dollaride’s APIs or whose APIs Dollaride uses.




• Vendors who help us verify users’ identity, background information or eligibility to work, or the authenticity of a user’s request for Services, whether for regulatory, safety or security purposes.




• Insurance, vehicle or financial services providers for drivers.




• Transportation companies such as dispatch associations, radio networks or for-hire-vehicle rental fleets (for drivers who use our services through an account associated with such a company).




• Publicly available sources.




• Marketing service providers.

Dollaride may combine the data collected from these sources with other data in its possession.

B. How we use personal data

Dollaride collects and uses data to enable reliable and convenient transportation, delivery, and other products and services. We also use the data we collect:

• To enhance the safety and security of our users, Platform and Services, including fraud prevention




• For customer support and/or dispute resolution




• For research and development




• To enable communications with, between or among users




• To send marketing and non-marketing communications to users




• In connection with legal or administrative proceedings

Dollaride does not sell or share user personal data with third parties for their direct marketing, except with users’ consent.

Dollaride uses the data it collects for purposes including:

1. Providing Services and features.

Dollaride uses the data we collect to provide, personalize, maintain, and improve our Platform and Services.

This includes using the data to:

• Create and update users’ accounts.




• Verify drivers’ identity, background history and/or eligibility to provide transportation.




• Verify the probability of a user’s Service request being authentic.




• Enable transportation and other Services.




• Offer, process or facilitate payments for Services.




• Track and share the progress of trips arranged via the Platform.




• Enable features that allow users to share information with other people, such as share ETA and location with their contacts.




• Perform internal operations necessary to provide our services, including to troubleshoot software bugs and operational problems; to conduct data analysis, testing, and research; and to monitor and analyze usage and activity trends.

2. Safety and security.

We use personal data to help maintain the safety, security and integrity of our Platform, Services and users.

This includes:

• Screening passengers and drivers before enabling their use of our Services and at subsequent intervals, including through reviews of background checks, where permitted by law, to help prevent use of our Services by unsafe persons.




• In certain regions, using information derived from driver’s photos submitted to Dollaride for safety and security purposes. This includes prompting drivers establishing an account on the Dollaride – Driver App to share a selfie before enabling such driver to receive trip requests.




• Using device, location, profile, usage and other data to prevent, detect, and combat fraud or unsafe activities.




• Using user ratings and feedback to encourage compliance with our performance expectations and as grounds for de-prioritizing drivers with low ratings or who otherwise fail to meet such expectations.

3. Customer support.

Dollaride uses the information we collect (including recordings of customer support calls with notice to and the consent of the user) to provide customer support, including to:

• Direct questions to the appropriate customer support person




• Investigate and address user concerns




• Monitor and improve our customer support responses and processes

4. Research and development.

We may use the data we collect for testing, research, analysis, product development and machine learning to improve the user experience. This helps us to improve and enhance the safety and security of our Platform and Services, improve our ability to prevent the use of our Platform or Services for illegal or improper purposes and develop new features and products.

5. Enabling communications between users.

For example, a driver may message or call a passenger to confirm a pickup location or a passenger may contact a driver to retrieve a lost item.

6. Marketing.

Dollaride may use the data we collect to market our Services to our users. This includes sending users communications about Dollaride services, features, promotions, sweepstakes, studies, surveys, news, updates and events.

We may also send communications to our users about products and services offered by Dollaride’s partners. For example, if a user has used a certain payment card to pay for Services, we may send that user a communication regarding an offer or promotion provided by that payment card network (e.g., Mastercard, American Express, etc.).

Although we may send users communications about Dollaride partners’ products and services, we do not sell users’ personal data to, or share it with, such partners or others for purposes of their own direct marketing or advertising, except with users’ consent.

We may use the data we collect to personalize the marketing communications (including advertisements) that we send, including based on user location, past use of Dollaride’s services and user preferences and settings.

7. Non-marketing communications.

Dollaride may use the data we collect to generate and provide users with receipts; inform them of changes to our terms, services, or policies; or send other communications that aren’t for the purpose of marketing the services or products of Dollaride or its partners.

8. Legal proceedings and requirements.

We may use the personal data we collect to investigate or address claims or disputes relating to use of the Platform or Services, or as otherwise allowed by applicable law, or as requested by regulators, government entities and official inquiries.

9. Automated decision-making.

We use personal data to make automated decisions relating to use of our services. This includes:

• Matching available vehicles to users requesting ground transportation. Users can be matched based on availability, proximity and other factors.




• Deactivating users who are identified as having engaged in fraud or activities that may otherwise harm Dollaride, its users and/or others.




• Using user location information, and communications between passengers and drivers, to identify no-show or cancellation fees payable or induced through fraud. For example, if we determine by using such information that a driver is delaying a passenger pickup in order to induce a cancellation, we will not charge the passenger a no-show or cancellation fee and may instead charge the driver a no-show or cancellation fee.

C. Cookies and third-party technologies

Dollaride and its partners use cookies and other identification technologies on our Apps, Sites, emails, and online ads for purposes described in this notice.

Cookies are small text files that are stored on browsers or devices by websites, apps, online media, and advertisements. Dollaride uses cookies and similar technologies for purposes such as:

• Authenticating users




• Remembering user preferences and settings




• Determining the popularity of content




• Delivering and measuring the effectiveness of advertising campaigns




• Analyzing App and Site traffic and trends, and generally understanding the online behaviors and interests of people who interact with our Platform or Services

We may also allow others to provide audience measurement and analytics services for us, to serve advertisements on our behalf across the Internet and to track and report on the performance of those advertisements. These entities may use cookies, web beacons, SDKs and other technologies to identify the devices used by visitors to our Sites, as well as when they visit other online sites and services.

D. Data sharing and disclosure

Some of Dollaride’s Services require that we share data with other users or at a user’s request. We may also share data with our affiliates, subsidiaries and partners, for legal reasons or in connection with claims or disputes.

Dollaride may share the data we collect:

1. With other users

This includes sharing:

• Passengers’ name and pickup and/or dropoff location with drivers.




• Passengers’ name with other passengers in a shared ride. Passengers in shared rides may also see the dropoff location of the other passengers.




• We may share diver information and data with passengers and/or Account holders, including name and photo; vehicle make, model, color, license plate, and vehicle photo; location (before and during trip); and contact information (depending upon applicable laws). We also provide passengers with receipts containing information such as a breakdown of amounts charged, vehicle license plate and/or registration number, driver name and/or license number, driver and/or vehicle photo, route map, and such other information required on invoices in the country or region where the trip was performed.

2. At the user’s request

This includes sharing data with:

• Other people at the user’s request. For example, we share a user’s ETA and location with a friend when requested by that user, or a user’s trip information when they split a fare with a friend.




• Dollaride business partners. For example, if a user requests a service through a partnership or promotional offering made by a third party, Dollaride may share certain data with those third parties. This may include, for example, other services, platforms, apps or websites that integrate with our APIs; vehicle suppliers or services; those with an API or service with which we integrate; or restaurant partners or other Dollaride business partners and their users in connection with promotions, contests, or specialized services.

3. With the general public

Questions or comments from users submitted through public forums such as Dollaride blogs and Dollaride social media pages may be viewable by the public, including any personal data included in the questions or comments submitted by a user.

4. With the Dollaride Account holder

If a user requests Services using an Account held by another party or payment for which Services will be charged to an Account held by another party, we may share the request and/or trip information, including real-time location data, with the Account holder. This occurs, for example, when:

• A passenger uses their employer’s Enterprise Business account (or a sub-account thereof) to arrange or pay for a trip via the Platform;




• A driver uses an Account held by or associated with a third party transportation company (e.g., a dispatch association, radio network or for-hire vehicle rental company); or




• A passenger takes a trip arranged by a third party under that third party’s Account.

5. With Dollaride subsidiaries and affiliates

We share data with our subsidiaries and affiliates to help us provide our services or conduct data processing on our behalf. For example, Dollaride processes and stores data in the United States on behalf of its international subsidiaries and affiliates.

6. With Dollaride service providers and business partners

Dollaride provides data to vendors, consultants, marketing partners, research firms and other service providers or business partners.

These include:

• Payment processors and facilitators




• Background check and identity verification providers (drivers and delivery partners only)




• Cloud storage providers




• Marketing partners and marketing platform providers, including social media advertising services




• Data analytics providers




• Research partners, including those performing surveys or research projects in partnership with Dollaride or on Dollaride’s behalf




• Vendors that assist Dollaride to enhance the safety and security of its Platform, including its Apps




• Consultants, lawyers, accountants and other professional service providers




• Transportation company partners (e.g., dispatch associations, radio networks or for-hire vehicle rental companies)




• Insurance and financing partners

7. For legal reasons or in the event of a dispute

Dollaride may share users’ personal data if we believe it’s required by applicable law, regulation, operating license or agreement, legal or administrative process or governmental request, or where the disclosure is otherwise appropriate due to safety, fraud or similar concerns. This includes sharing personal data with law enforcement officials, public health officials, other government authorities, airports (if required by the airport authorities as a condition of providing Services on airport property) or other third parties as necessary to enforce our Terms of Service, user agreements or other policies; to protect Dollaride’s rights or property or the rights, safety, or property of others; or in the event of a claim or dispute relating to the use of our Platform or Services. If you use another person’s credit card, we may be required by law to share your personal data, including trip or order information, with the owner of that credit card.

This also includes sharing personal data with others in connection with, or during negotiations of, any merger, sale of company assets, consolidation or restructuring, financing, or acquisition of all or a portion of our business by or into another company.

8. With consent

Dollaride may share a user’s personal data other than as described in this notice if we notify the user and they consent to the sharing.

E. Data retention and deletion

Dollaride retains user profile, transaction and other personal data for as long as a user maintains their Account.

Dollaride may retain certain user data after receiving an Account deletion request if necessary, such as to comply with legal requirements.

For drivers, Dollaride may also retain vehicle and background check information (to the extent permitted by law) for as long as they maintain their Account.

Passengers may request deletion of their account at any time via email to ops@dollaride.com. Following such requests, Dollaride deletes the data that it is not required to retain for purposes of regulatory, tax, insurance, litigation, document retention or other legal or compliance requirements. While it retains such data, it may also use it for purposes of safety, security, fraud prevention and detection, and research and development. In certain circumstances, Dollaride may be unable to delete a user’s Account, such as if there’s an outstanding credit or payment on the account or an unresolved claim or dispute. Upon resolution of the issue preventing deletion, Dollaride will delete the Account as described above.

Dollaride may also retain certain information if necessary for purposes of safety, security, and fraud prevention. For example, if Dollaride deactivates an Account because of unsafe behavior or security incidents, Dollaride may retain certain information about that Account to prevent that user from opening a new Account in the future.

F. Grounds for processing

We only collect and use personal data where we have lawful grounds to do so. These include processing user personal data to provide requested Services, for purposes of Dollaride’s legitimate interests or those of other parties, to fulfill our legal obligations, or based on consent.

We collect and use personal data only where we have one or more lawful grounds for doing so. Such grounds may vary depending on where our users are located, but generally include processing personal data:

1. To provide requested Services

In order to provide our Services, we must collect and use certain personal data.

This includes:

• User profile data, which we use to establish and maintain Accounts; verify user identity; communicate with users about their Services, requests and Accounts; and enable users to make payments or receive earnings




• Background information, which is used to verify an applicant’s eligibility to be provide transportation




• Location data, which we use to facilitate and track trips and assist with navigation




• Usage data, which is necessary to maintain, optimize and enhance the Services, including to determine incentives, connect passengers and drivers and calculate costs of trips




• Transaction and payment information




• Information relating to customer support

2. For purposes of the legitimate interests of Dollaride or other parties

This includes using personal data to maintain and enhance our users’ safety and security. For example, we use personal data to prevent use of our Services by users who have engaged in inappropriate or dangerous behavior, such as by retaining data of banned users to prevent their use of the Platform or Services.

This also includes purposes such as combating fraud; improving our services, direct marketing, research, and development; and enforcing our Terms of Service.

In addition, it includes using personal data to the extent necessary for the interests of other people or the general public, such as in connection with legal or insurance claims, and to protect the rights and safety of others.

3. To fulfill Dollaride’s legal obligations

For example, Dollaride is subject to laws and regulations in many cities and countries that require it to collect and retain data about our users’ trips, and to provide copies of such data to the government or other authorities. We collect and use personal data to comply with such laws.

Dollaride may also share data with law enforcement regarding criminal acts or threats to public safety, or requests by third parties pursuant to legal processes.

4. With consent

Dollaride may collect and use personal data based on the user’s consent. For example, we may collect personal data through voluntary surveys. Responses to such surveys are collected on the basis of consent and will be deleted once no longer necessary for the purposes collected.

A user who has provided consent to a collection or use of their personal data can revoke it at any time. However, the user will not be able to use any Service that requires collection or use of that personal data.

IV. CHOICE AND TRANSPARENCY

Dollaride enables users to access and control the data that Dollaride collects, including through:

• In-app settings




• Device permissions




• Marketing opt-outs

Dollaride also supports users’ requested access to or copies of their data, changes or updates to their Accounts, deletion of their Accounts, or that Dollaride restrict its processing of user personal data.

A. Privacy settings

Dollaride provides users with trip status notifications and updates related to activity on their account. These notifications are a necessary part of using the Dollaride app and cannot be disabled. However, users may choose the method by which they receive these notifications through the Settings > Profile > Push Notifications menu in the Dollaride app. Disabling push notifications may limit your ability to use our Services.

A passenger can adjust his or her location-sharing preferences in the settings menus of his or her mobile device. The Dollaride mobile App uses passengers’ device location services to make it easier to arrange a trip whenever they need one. Location data helps improve our services, including pickups, navigation and customer support. Disabling our Apps’ access to your device’s location services may limit your ability to use our Services.

B. Device permissions

Most mobile device platforms (iOS, Android, etc.) have defined certain types of device data that apps cannot access without the device owner’s permission, and these platforms have different methods for how that permission can be obtained. iOS devices notify users the first time the Dollaride app requests permission to access certain types of data and gives users the option to grant or refuse permission. Android devices notify users of the permissions that the Dollaride app seeks before their first use of the app, and use of the app constitutes a grant of such permission.

C. Marketing opt-outs

Users may opt out of receiving marketing and promotional communications from Dollaride by following the unsubscribe instructions in those communications. We may still send non-promotional communications to users who have opted out of marketing and promotional communications, such as receipts for rides or information about their Account.

D. User data requests

Dollaride provides users with a variety of ways to learn about, control, and submit questions and comments about Dollaride’s handling of their data. To make a request, please send an email to ops@dollaride.com.

• Accessing data: Users can ask for an explanation of the data we collect from them and how we use it.




• Receiving data: Users can ask for a copy of data that Dollaride collects from them with their consent or as necessary to provide our services.




• Changing or updating data: Users can edit the name, phone number, email address, payment method and photo associated with their account through the Settings menu in Dollaride’s Apps or Sites. They may also ask that Dollaride change or update their data, including if they believe such data is inaccurate or incomplete.




• Deleting data: Users may request deletion of their account at any time by submitting such request to ops@dollaride.com.




• Objections, restrictions, and complaints: Users may request that we stop using all or some of their personal data, or that we limit our use of their data. Dollaride may continue to process data after such objection or request to the extent required or permitted by law.

In addition, depending on their location, users may have the right to file a complaint relating to Dollaride’s handling of their personal data with the data protection authority in their country.

V. UPDATES TO THIS NOTICE

We may occasionally update this notice. Use of our Platform or Services after an update constitutes consent to the updated notice to the extent permitted by law.

If we make significant changes to this notice, we will notify users in advance of the changes through the Dollaride Apps or Sites or through other means, such as email. We encourage users to periodically review this notice for the latest information on our privacy practices. After such notice, use of our services will be understood as consent to the updates to the extent permitted by law.

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Terms of Service

Dollaride

LAST UPDATED: July 24, 2020

BEFORE YOU AGREE TO THE TERMS OF SERVICE, CAREFULLY READ THESE TERMS OF SERVICE. BY CLICKING ON THE “I AGREE” BUTTON YOU ARE REPRESENTING THAT (1) YOU ARE OF THE LEGAL AGE TO FORM A LEGALLY BINDING CONTRACT BETWEEN DOLLARIDE, INC. (“DOLLARIDE”) AND YOU IN THE JURISDICTION WHERE YOU PERMANENTLY RESIDE; (2) YOU HAVE READ AND UNDERSTAND THESE TERMS OF SERVICE; AND (3) YOU ARE CONSENTING TO BE BOUND BY AND BECOME A PARTY TO THESE TERMS OF SERVICE, WHICH IS A BINDING LEGAL AGREEMENT. IF YOU ARE ACCEPTING THESE TERMS OF SERVICE ON BEHALF OF ANOTHER PERSON OR A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE FULL AUTHORITY TO BIND THAT PERSON, COMPANY, OR OTHER LEGAL ENTITY TO THESE TERMS OF SERVICE, AND THAT BY YOUR CLICKING ON THE “I AGREE” BUTTON SUCH PERSON, COMPANY OR OTHER LEGAL ENTITY IS HEREBY BOUND. IF YOU DO NOT AGREE TO ALL OF THESE TERMS OF SERVICE, DO NOT COMPLETE THE ACCOUNT CREATION PROCESS AND THE PROCESS WILL BE CANCELED AND THE SERVICE (AS DEFINED BELOW) WILL NOT BE AVAILABLE FOR YOUR USE.

Acceptance

By the earliest to occur of your (1) acceptance of these Terms of Service or (ii) using the Service (as defined below) (including any revisions, updates, upgrades, modifications, enhancements or new releases thereto), you accept and agree to be bound by these Terms of Service. By entering into these Terms of Service, you are also consenting (1) to the collection and handling of information described in the Dollaride, Inc. Privacy Notice, and (2) to your receipt of text messages and emails in connection with the Service at the telephone number and email address you provide during registration, including, without limitation, the initial message containing a registration code, any text messages or emails containing receipts (if we provide such functionality and you request them) and confirmation messages sent in response to any opt-out request you may make; provided that, if you update such initial telephone number and/or email address in your account settings, then such text messages will be thereafter sent to such updated telephone number and/or email address.

These Terms of Service is an ongoing contract between you and Dollaride and applies to your use of the Service as made available in the United States. You agree not to use or attempt to use the Service from outside of the United States. Different terms, conditions and limitations may apply to the Service available in other jurisdictions.

Changes to Terms of Service

Dollaride reserves the right, from time to time, with or without notice, to change these Terms of Service in its sole and absolute discretion. All changes to these Terms of Service will be effective and binding upon you once they are displayed or posted in accordance with this paragraph. You acknowledge and agree that it is your responsibility to ensure that you are aware of the most current Terms of Service. If any substantial changes are made to these Terms of Service, Dollaride will notify you by displaying the new Terms of Service within the Application or by posting them on the Website (as defined below). The most current version of these Terms of Service can be viewed at all times by visiting https://dollaride.com/rider-terms/. The most current version of these Terms of Service will supersede all previous versions. If you do not agree to any change to these Terms of Service, you must immediately cease using the Service and delete the Application from your device(s).

Description of Service

Dollaride is a technology platform that may be accessed by authorized users via mobile applications (the “Applications“), certain text-based messaging protocols (“Text Services“), and Dollaride- authorized web interfaces or websites (“Websites” and, together with Applications and Text Services, “Channels“), including http://dollaride.com, and enables such users in certain locations in the United States to, among other things, locate, hail, book and hire commuter vans and/or other for-hire vehicles (any such commuter van or other for-hire vehicle, a “Van”), pay for a Van ride, and track certain Van rides and related expenses through a supported computing device (together with the Channels, the “Service“). Using certain Channels, you can store your payment information, set your tip preferences, and view all of your past trips and receipts.

Dollaride is not an issuer, financial institution or money transmission business. Further, Dollaride is not a provider of transportation services and does not own or operate any Vans and does not have any control over the Van owners, managers, drivers and/or operators. Dollaride, through the Service, only provides a platform to (1) obtain certain third party transportation services and (2) facilitate payment of fares for certain third party transportation services.

Registration

In order to use the Service, you must first create and register an account on the Dollaride platform (“Account“) either via an Application, a Website or another Dollaride-provided means. By registering an Account, you represent and warrant that you are capable of entering into a legally binding agreement and that all information submitted by you during such registration or otherwise via the Application, Website or other means is truthful, complete and accurate. As part of the registration process, you will be required to: (1) associate an email address with your Account (that will become your username) and establish a password for your Account; (2) associate a phone number with your Account that is capable of receiving text messages; and (3) submit one or more valid credit cards to be used in processing payment transactions for the Van rides you hail, book, hire, arrange and/or pay for through the Service. For each credit card, debit card or other accepted payment card that you register on your Account, you authorize Dollaride to confirm that such credit card is in good standing with the issuer, which may include submitting a request for a payment authorization and/or a low dollar amount credit to your card in accordance with the applicable card network rules.

Account

You are solely responsible for maintaining the confidentiality and security of your Account password and for all activities that occur on or through your Account, and you agree to immediately notify Dollaride if you suspect any unauthorized use of your Account or access to your password. Dollaride shall not be responsible for any losses arising out of the unauthorized use of your Account.

Further, you are responsible for providing and maintaining current, truthful, complete and accurate information for your Account for so long as you continue to use the Service. Dollaride may, from time to time, require you to provide additional information in evaluating your registration, Account and eligibility to continue using the Service. Dollaride reserves the right, in its sole and absolute discretion, to reject, suspend or terminate your Account (with or without notice), except as otherwise required by Applicable Laws (as defined below).

Processing Payments for the Service and Van rides

When you hail, book, hire, arrange and/or pay for a Van ride via the Service, you are deemed to have accepted the service provided by Dollaride through the Service and agree to pay the corresponding fees or charges (see Service Fees, below). Upon requesting a Van ride via the Service, we may pre-authorize one of the payment cards you have associated with your account in an amount that provides reasonable assurance of your ability to pay the fare and related fees or charges for the requested Van ride. When you enter a Van and direct the Van driver or operator to a destination, you are deemed to have accepted such third party transportation services and agree to pay the corresponding fare and related fees or charges (e.g., tolls, sales tax, regulatory surcharges, etc.). Such amounts (and applicable Services Fees) will be charged to one of the payment cards you have associated with your account, and you hereby authorize any such charge. Any payments made in connection with the Van rides you hire, book, arrange and/or pay for through the Service are non-refundable by Dollaride; however, you may have additional refund or charge-back rights under the card agreement with your card issuer. You should consult the terms and conditions governing your payment card for more information.

Your Use of the Service

Your use of the Service is for your sole, personal use. The Service is limited to facilitating hailing, booking and hiring of, and payments for, Van rides in certain locations in the United States, and may not be used to send cash advances, cash equivalents, or otherwise transfer money between you and a third party.

By accessing the Service (including via any Channel), you agree to use the Service (including, without limitation, all features and functionalities associated therewith, any Channel, and software associated therewith) in accordance with these Terms of Service and all applicable laws, statutes, rules and regulations (“Applicable Laws“). In addition, you agree that you will: (1) use the Service only for lawful purposes; (2) not upload, post, e-mail or otherwise send or transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of the Service or any computer software or hardware or telecommunications equipment associated with the Service; (3) not impersonate any person or entity or otherwise misrepresent your affiliation with any person or entity, including, without limitation, any person or entity affiliated with the Service; (4) not interfere with the servers or networks connected to any portions of the Service or violate any of the procedures, policies or regulations of networks connected to the Service; and (5) not impair or harm the Service (including, without limitation, any Channel) in any way whatsoever.

Communications from Dollaride

You agree and consent to receive electronically all communications, agreements, documents, notices, statements and disclosures (collectively, “Communications“) that Dollaride provides in connection with your Account and your use of the Service. Communications will be delivered by (a) posting a notice or message through the Channels; or (b) sending electronic mail to the email address associated with your Account. All Communications will be considered received by you within 24 hours of the time such Communication is posted to any Channel or emailed to you. You also agree that your electronic signature on any agreements or documents in connection with the Service has the same effect as a physical signature.

Service Fees

Service Fee. For each Van ride that you originate via the Service by making a request for ground transportation via the Service, you may be charged a base service fee of up to two dollars ($2.00). For any base service fee assessed in accordance with this paragraph, you agree to pay such amount to Dollaride and authorize Dollaride to charge such amount to a payment card associated with your Account.

Reservation Fee. Through the Service, you may have the option of scheduling a Van ride up to forty-eight (48) hours ahead of time (a “Scheduled Booking“). For each Scheduled Booking that results in a Van Ride, you may be charged an additional Reservation Fee of up to three dollars ($3.00). For any Reservation Fee assessed in accordance with this paragraph, you agree to pay such amount to Dollaride and authorize Dollaride to charge such amount to a payment card associated with your Account. For the avoidance of doubt, the Reservation Fee is not applicable to a request to hail a Dollaride via the service (i.e., a request for immediate ground transportation). Further, you acknowledge and agree that a Scheduled Booking is not guaranteed to result in a Van ride and that Dollaride makes no representation or warranty that a third party provider of ground transportation will be willing or available to provide you with ground transportation services at the time of your Scheduled Booking.

Cancellation Fee. If, after requesting a Van via the Service, you cancel that request two (2) minutes or more after such request has been accepted by a Van operator, or, after making a Scheduled Booking, you cancel the Scheduled Booking less than sixty (60) minutes before the scheduled pick-up time, then you may be charged a cancellation fee of up to ten dollars ($10.00). For any cancellation fee assessed in accordance with this paragraph, you agree to pay such amount to Dollaride and authorize Dollaride to charge such amount to a payment card associated with your Account.

Advertising

In order to subsidize the Service, Dollaride may rely on advertising revenue. You consent to Dollaride’s placement and display of advertisements, offers and promotions on your mobile device, your Account, the Website, the Application, your receipts (whether electronic or hard copy) and Dollaride or third party equipment located in Vans that are used in connection with the Service (including, without limitation, passenger information monitors located in the rear of a Van). These advertisements, offers and promotions may be personalized and targeted based on, among other things, your usage of the Service.

You agree that Dollaride is not responsible for the content of these advertisements, offers and promotions (“Advertising Content“), and any activity (including the purchase of goods and/or services), as well as the accompanying terms and conditions, arising therefrom is strictly between you and the applicable third party. Dollaride does not sponsor or endorse, and shall not be responsible for: (a) any Advertising Content; (b) any goods or services featured in any Advertising Content; or (c) any sites linked from such Advertising Content. Dollaride expressly disclaims any and all liability for errors or omissions in any Advertising Content. You acknowledge that additional terms and conditions may apply to your use or acceptance of these advertisements, offers and promotions.

Privacy

By using the Service, you consent to Dollaride collecting and sharing information about you, your location (received through your computing device) and your use of the Service with Dollaride’s third party partners. Dollaride may also collect anonymized, aggregated data in connection with your use of the Service for purposes of marketing, data analytics and enhancing and optimizing the Service.

License

Limited License Grant. Subject to your compliance with these Terms of Service, Dollaride grants you a non-exclusive, limited, personal, non-transferable, non-sublicensable, revocable license to (i) download and use the Applications (in object code form only) on one or more mobile computing devices solely in connection with your personal and non-commercial use of the Service; (ii) access and use the Websites (together with the Applications, the “Software”) solely in connection with your personal and non-commercial use of the Service; and (iii) view Advertising Content. This license grant includes the Software and all updates, upgrades, enhancements, modifications, new versions and replacement Software. The Software and Advertising Content may vary by device and medium, and functionalities may also vary by device and medium.

Restrictions. As a condition of the limited license granted to you hereunder, except as, and only to the extent, expressly permitted in these Terms of Service or by Applicable Laws that cannot be waived by you in these Terms of Service, you may NOT: (i) publish, display, disclose, rent, lease, loan, distribute, transmit, broadcast or otherwise exploit the Service, the Software, the Advertising Content, or any part thereof; (ii) modify or create derivative works based on the Service, the Software, the Advertising Content, or any part thereof; (iii) copy, decompile, reverse engineer, disassemble, translate, adapt or otherwise reduce the Software to human readable form; (iv) attempt to create the source code from the object code of the Software; (v) take any action that will infringe upon or misappropriate the intellectual property or other proprietary rights of Dollaride or any of Dollaride’s third party software providers; and/or (vi) sublicense or assign the Software or Advertising Content (collectively, the “Prohibited Acts“). You must comply with the implementation and use requirements contained in all documentation associated with the Software, and you will be liable for all resulting damages suffered by you, Dollaride and third parties if you fail to comply.

Third Party Devices. Dollaride does not warrant that the Software and/or Advertising Content will be compatible with third party software or hardware, nor does Dollaride warrant that operation of the Service and associated Software will not damage or disrupt third party software or hardware. Your mobile device is manufactured and sold by entities other than Dollaride and its affiliates, and Dollaride does not take responsibility or otherwise warrant the performance of your mobile device, including the continuing compatibility of your mobile device with the Service. By using the Service, you agree to look solely to the entity that manufactured and/or sold your mobile device for any issues related to your mobile device and its compatibility with the Service.

Third Party Software. There are software programs contained within the Software that have been licensed to Dollaride by third parties. The references to Software as used herein shall include such third party software except where the term Software refers expressly to the ownership or other specific rights of Dollaride. The same terms and conditions, including all limitations and restrictions, set forth in these Terms of Service apply to each third party software program contained in the Software.

Exports. You may not use or otherwise export or re-export the Software except as authorized by United States law and any other Applicable Laws. In particular, but without limitation, the Software may not be exported or re-exported (a) into (or to a national or resident of) any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Persons List or Entity List. By using the Software, you represent and warrant that you are not a citizen of or located in any such country or on any such list.

Ownership

The Service (including, without limitation, the Software and Advertising Content) contains material that is protected by copyright and other applicable intellectual property laws in the United States and other territories and by international treaty provisions. The Service (including, without limitation, the Software and Advertising Content) is licensed to you by Dollaride solely for use under the terms and conditions of these Terms of Service and all rights not specifically granted to you herein are reserved to Dollaride (and to any third party with ownership rights in software used in the Service, Software and Advertising Content). You may not remove any proprietary notice of Dollaride or any other party from any copy of the Software or Advertising Content. These Terms of Service do not grant you any rights to trademarks or service marks of Dollaride.

Updates; Upgrades

Dollaride may, from time to time in its sole discretion, release new versions, upgrades, enhancements or modifications of any Application. Any such updates will be electronically delivered to your mobile device, and you agree that the terms of these Terms of Service shall apply to all such updates. If you fail to install any such new versions, upgrades, enhancements or modifications, the Service may not function as intended.

Dollaride Notifications Text Message Program

If you agree within the Channels, or by other means, to receive standard rate text messages from or with respect to the Service, you may receive an initial text message during the account registration process containing a confirmation code, and you may have the option to receive text messages from Dollaride containing your receipts. Message and data rates may apply. Message frequency is based upon use. Text messaging is not available in all areas. Not all mobile devices may be supported. Dollaride is not responsible for the successful delivery or any delays in your receipt of text messages. Dollaride reserves the right to suspend or terminate this feature, in its sole and absolute discretion, at any time, with or without notice to you.

Use of Feedback

Dollaride is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to us (collectively, “Feedback“) through the Service (including, without limitation, via any Channel), without further compensation, acknowledgement or payment to you for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products, and creating, modifying or improving the Service. Furthermore, by submitting any Feedback to Dollaride, or in responding to questionnaires, you grant Dollaride a perpetual, non-exclusive, royalty-free irrevocable license and right to display, use, reproduce or modify the Feedback submitted in any media, software or technology of any kind now existing or developed in the future.

Dollaride’s Termination. Dollaride reserves the right to terminate or restrict your use of the Service, without notice, for any or no reason whatsoever. Dollaride can also terminate or suspend the Service and/or your access to the Service and/or your Account if you, as determined by Dollaride in its sole discretion, (i) have breached any terms of these Terms of Service, (ii) pose an unacceptable fraud risk, (iii) provide Dollaride with any false, incomplete or misleading information or engage in any fraud or illegal conduct, or (iv) for any other reason that Dollaride determines violates Applicable Laws or Dollaride’s policies.

Effect of Termination. Upon any termination, the license granted hereunder shall terminate and you shall immediately destroy any copies of the Software in your possession. Any provision that is reasonably necessary to accomplish or enforce the purpose of these Terms of Service will survive any termination of these Terms of Service or your use of the Service and remain in effect thereafter in accordance with their terms, including, without limitation, this Section (Effect of Termination) and those Sections entitled (i) Disclaimer of Warranties; (ii) Service Fees; (iii) Ownership; (iv) Limitation of Liabilities; (v) Indemnification; (vi) Governing Law, (vii) Arbitration; (viii) Miscellaneous; and (ix) Privacy.

Disclaimer of Warranties

THE SERVICE, INCLUDING EACH CHANNEL AND ALL SOFTWARE ASSOCIATED THEREWITH, OR ANY OTHER FEATURES OR FUNCTIONALITIES ASSOCIATED WITH THE SERVICE, ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND AND NONE OF THE DOLLARIDE INDEMNITEES (AS DEFINED BELOW) MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THE SERVICE, EACH CHANNEL AND ANY SOFTWARE ASSOCIATED THEREWITH. DOLLARIDE DOES NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF THE SERVICE (INCLUDING USE OF ANY CHANNEL OR ANY SOFTWARE ASSOCIATED THEREWITH) OR FUNCTIONALITIES WILL BE UNINTERRUPTED OR ERROR-FREE AND YOU AGREE THAT DOLLARIDE MAY ELIMINATE OR OTHERWISE MODIFY ANY OR ALL ASPECTS OF THE SERVICE, INCLUDING FEATURES, WITHOUT COMPENSATION OR NOTICE TO YOU. DOLLARIDE SPECIFICALLY DISCLAIMS LIABILITY FOR THE USE OF MOBILE DEVICES, THIRD PARTY WEBSITES, LINKS OR CONTENT (INCLUDING, WITHOUT LIMITATION, ADVERTISING CONTENT), THE INTERNET, ANY TRANSPORTATION SERVICES USED BY YOU (INCLUDING THE VANS) AND DOLLARIDE SOFTWARE (INCLUDING THEIR CONTINUING COMPATIBILITY WITH THE SERVICE). TO THE EXTENT ALLOWABLE BY LAW, DOLLARIDE AND ITS LICENSORS DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, DOLLARIDE DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA ANY CHANNEL OR OTHERWISE VIA THE SERVICE IS ACCURATE, COMPLETE OR CURRENT. DOLLARIDE DOES NOT REPRESENT OR GUARANTEE THAT YOUR USE OF THE SERVICE WILL BE FREE FROM INTERRUPTION, LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING OR OTHER SECURITY INTRUSION AND DOLLARIDE DISCLAIMS ANY AND ALL LIABILITY WITH RESPECT THERETO. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY DOLLARIDE OR ITS AUTHORIZED REPRESENTATIVE(S) SHALL CREATE A WARRANTY OR OTHERWISE CONSTITUTE A REPRESENTATION BINDING UPON DOLLARIDE OR ITS AFFILIATED PARTIES.

Limitation of Liabilities

IN NO EVENT SHALL DOLLARIDE, ITS AFFILIATES OR ANY OF DOLLARIDE’S STAKEHOLDERS OR ITS AFFILIATES, SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, LICENSORS, AGENTS, REPRESENTATIVES, OR ANY OF THE SUCCESSORS OR ASSIGNS OF ANY OF THE FOREGOING (COLLECTIVELY, THE “DOLLARIDE INDEMNITEES“) BE LIABLE (JOINTLY OR SEVERALLY) TO YOU OR ANY OTHER PARTY FOR PERSONAL INJURY OR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSS, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF DAMAGE, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE SERVICE, INCLUDING EACH CHANNEL AND ALL SOFTWARE ASSOCIATED THEREWITH, OR OTHERWISE RELATED TO THE SERVICE, DOLLARIDE SOFTWARE OR ANY OTHER FEATURES OR FUNCTIONALITIES ASSOCIATED WITH THE SERVICE. IN NO EVENT SHALL DOLLARIDE’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES FOR LOSSES ARISING FROM THE USE OR INABILITY TO USE THE SERVICE, INCLUDING EACH CHANNEL AND ALL SOFTWARE ASSOCIATED THEREWITH (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE AMOUNT OF FEES ACTUALLY RECEIVED BY DOLLARIDE FROM YOU IN CONNECTION WITH YOUR USE OF THE SERVICE DURING THE SIX-MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT, ACT OR OMISSION UNDERLYING SUCH PURPORTED LIABILITY.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, NO ACTION, REGARDLESS OF FORM, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF SERVICE OR YOUR USE OF THE SERVICE MAY BE BROUGHT BY YOU AGAINST DOLLARIDE OR ANY DOLLARIDE INDEMNITEE MORE THAN ONE (1) YEAR AFTER THE FIRST DAY THAT THE EVENT, ACT OR OMISSION GIVING RISE TO THE CAUSE OF ACTION OCCURRED. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

Indemnification

You agree to indemnify and hold the Dollaride Indemnitees harmless from any and all Losses (as defined below) incurred by any of them and defend against any claim arising out of or in connection with: (i) your use of the Service, (ii) any violation or breach by you of these Terms of Service or any failure by you to comply with Applicable Laws, (iii) any dispute or litigation caused by your acts or omissions, (iv) any data, information or other content submitted by you, (v) the use of your Account, whether by your or a third party, (vi) any Transportation Disputes (as defined below), and (vii) the commission of any Prohibited Acts. Dollaride reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Dollaride, including rights to settle, and you agree to cooperate with the defense and settlement of these claims. Dollaride will use reasonable efforts to notify you of any claim, action or proceeding brought by a third party that is subject to the foregoing indemnification upon Dollaride becoming aware of it.

For purposes of the preceding paragraph, “Losses” means judgments, settlements, awards, damages, losses, charges, liabilities, penalties, interest claims (including taxes and all related interest and penalties incurred directly with respect thereto), however described or denominated, and all related reasonable costs, expenses and other charges (including all reasonable attorneys fees and reasonable internal and external costs of investigations, litigation, hearings, proceedings, document and data productions and discovery, settlement, judgment, award, interest and penalties), however described or denominated.

Transportation Disputes

Any disputes or complaints regarding any transportation services must be directed to the Van owner, dispatcher, manager, driver or operator providing such services (“Transportation Dispute”). Dollaride will not be a party to any complaints, negotiations, litigation or other disputes between you and such third party Van owners/dispatchers/managers/drivers/operators regarding any Transportation Dispute. You agree to release the Dollaride Indemnitees from and against any and all Losses arising out of a Transportation Dispute. Further, you agree that you will not involve any Dollaride Indemnitee in any litigation or other dispute arising out of or related to any services, arrangement or other agreement with a Van owner, dispatcher, manager, driver or operator or other third party in connection with the Service, including, without limitation, any Transportation Dispute. If, in breach of this provision, you attempt to do so, you will be liable for all Losses incurred by the Dollaride Indemnitees in connection therewith.

IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY EXPRESSLY WAIVE CALIFORNIA CIVIL CODE 1542, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF NOT KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”

Governing Law

These Terms of Service shall for all purposes be governed by and interpreted in accordance with the laws of the State of New York as those laws are applied to contracts entered into and to be performed entirely in New York by New York residents, without giving effect to any choice-of-law provision or rule (whether of the New York or any other jurisdiction) that would cause the application of the laws of any other jurisdiction.

Arbitration

The parties to these Terms of Service shall use all reasonable efforts to resolve any disputes, controversies or differences arising out of or in connection with these Terms of Service or the Service amicably, including the use of a mutually agreeable, non-binding mediation procedure. Any such disputes, controversies or differences that are not settled by mutual agreement or mediation shall be finally and exclusively settled by confidential arbitration held in New York, New York and conducted by JAMS under its Streamlined Arbitration Rules. If $100,000 or less is at issue in the arbitration petition and/or response, then such arbitration shall be by one (1) independent arbitrator selected jointly by you and Dollaride or appointed by JAMS, and that arbitrator shall not have the power to issue an award in excess of $100,000. If more than $100,000 is at issue in the arbitration petition and/or response, then such arbitration shall be by three (3) independent arbitrators, one chosen by you, one chosen by Dollaride and the third chosen by the two arbitrators selected by the parties or appointed by JAMS. Once appointed pursuant to either procedure, the arbitrator or arbitral tribunal may order provisional or conservatory measures (including injunctive relief) at the request of a party and may embody such order in any final award. Nothing in the foregoing precludes, restricts or is intended to preclude or restrict the right of either party to seek injunctive or other equitable relief in an appropriate court of competent jurisdiction. English shall be the official language of the arbitration proceedings. Neither Dollaride nor you will be entitled to join or consolidate claims in arbitration by or against other individuals or entities, or arbitrate any claim as a representative member of a class or in a private attorney general capacity. Accordingly, any JAMS Class Actions Procedures do not and shall not apply to any arbitration between or among you, Dollaride and/or any Dollaride Indemnitees. The arbitrator or arbitral tribunal shall make a decision that is in accordance with these Terms of Service, shall apply the law of the State of New York, without regard to its conflicts of laws principles, and shall state the basis for any decision in writing. Judgment upon the award rendered may be entered in any court having jurisdiction or application may be made to such court for judicial acceptance of the award and an order of enforcement as the case may be.

Waiver of Right to Jury Trial

FURTHER TO THE ARBITRATION PROVISION ABOVE, WITH RESPECT TO ANY DISPUTE, CLAIM, ACTION OR PROCEEDING ARISING FROM OR IN CONNECTION WITH THESE TERMS OF SERVICE OR THE SERVICE, YOU EXPRESSLY AND IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO A TRIAL BY JURY AND CONSENT TO ARBITRATION AS SET FORTH IN THE FOREGOING ARBITRATION PROVISION.

Downloading an Application from the Apple iTunes Application Store

Apple Terms. If you have downloaded an Application from the Apple iTunes Application Store, the following additional terms apply to such Application (an “App Store Sourced Application“):

You acknowledge that: (i) these Terms of Service is concluded between you and Dollaride only, and not Apple; and (ii) as between Dollaride and Apple, Dollaride is solely responsible for the App Store Sourced Application and content therein. Your use of the App Store Sourced Application must comply with the App Store Terms of Service.

You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application.

In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App Store Sourced Application to you and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store Sourced Application, and, as between Dollaride and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Dollaride’s sole responsibility.

You and Dollaride acknowledge that, as between Dollaride and Apple, Apple is not responsible for addressing any claims by you or any third party relating to the App Store Sourced Application or your possession and use of the App Store Sourced Application, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.

You and Dollaride acknowledge that, in the event of any third party claim, that the App Store Sourced Application or your possession and use of that App Store Sourced Application infringes that third party’s intellectual property rights, as between Dollaride and Apple, Dollaride, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms of Service.

You and Dollaride each acknowledge and agree that Apple and Apple’s subsidiaries are third party beneficiaries of these Terms of Service as related to your license of the App Store Sourced Application and that, upon your acceptance of the terms and conditions of these Terms of Service, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Service as related to your license of the App Store Sourced Application against you as a third party beneficiary thereof.

Without limiting any other terms of these Terms of Service, you must comply with all applicable third party terms of agreement when using the App Store Sourced Application.

Miscellaneous

These Terms of Service are a complete statement of the agreement between you and Dollaride, and sets forth the entire liability of Dollaride, its affiliates and licensors, and your exclusive remedy with respect to the Service and its use by you. Any waiver of any of the terms herein by Dollaride must be in a writing signed by an authorized officer of Dollaride and expressly referencing these Terms of Service. If any provision of these Terms of Service is invalid or unenforceable under Applicable Law, then it shall be changed and interpreted to accomplish the objective of such provision to the greatest extent possible under Applicable Law, and the remaining provisions will continue in full force and effect. These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you without Dollaride’s prior written consent. Dollaride reserves the right to assign or transfer these Terms of Service or any right or obligation under these Terms of Service to any third party without notice or consent. Subject to the foregoing, these Terms of Service shall be binding upon and inure to the benefit of the parties hereto, their successors and permitted assigns.