These Terms of Service constitute a legally binding agreement (the “Agreement”) between you and Drivern, Inc., its parents, subsidiaries, representatives, affiliates, officers and directors (collectively, “Drivern,” “we,” “us” or “our”) governing your use of the Drivern application (the “Drivern App”), website, and technology platform (collectively, the “Drivern Platform”).PLEASE BE ADVISED: THIS AGREEMENT CONTAINS PROVISIONS THAT GOVERN HOW CLAIMS BETWEEN YOU AND Drivern CAN BE BROUGHT (SEE SECTION 17 BELOW). THESE PROVISIONS WILL, WITH LIMITED EXCEPTION, REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST Drivern TO BINDING AND FINAL ARBITRATION ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, GROUP OR REPRESENTATIVE ACTION OR PROCEEDING. AS A DRIVER OR DRIVER APPLICANT, YOU HAVE AN OPPORTUNITY TO OPT OUT OF ARBITRATION WITH RESPECT TO CERTAIN CLAIMS AS PROVIDED IN SECTION 17.By entering into this Agreement, and/or by using or accessing the Drivern Platform you expressly acknowledge that you understand this Agreement (including the dispute resolution and arbitration provisions in Section 17) and accept all of its terms. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MAY NOT USE OR ACCESS THE Drivern PLATFORM OR ANY OF THE SERVICES PROVIDED THROUGH THE Drivern PLATFORM. If you use the Drivern Platform in another country, you agree to be subject to Drivern's terms of service for that country.When using the Drivern Platform, you also agree to conduct yourself in accordance with our Community Guidelines, which shall form part of this Agreement between you and Drivern.
The Drivern Platform provides a marketplace where, among other things, persons who seek transportation to certain destinations (“Riders”) can be matched with transportation options to such destinations. One option for Riders is to request a ride from rideshare drivers who are driving to or through those destinations (“Drivers”). Drivers and Riders are collectively referred to herein as “Users,” and the driving services provided by Drivers to Riders shall be referred to herein as “Rideshare Services.” As a User, you authorize Drivern to match you with Drivers or Riders based on factors such as your location, the requested pickup location, the estimated time to pickup, your destination, User preferences, driver mode, and platform efficiency, and to cancel an existing match and/or rematch you with a Driver or Rider based on the same considerations. Any decision by a User to offer or accept Rideshare Services is a decision made in such User’s sole discretion. Each Rideshare Service provided by a Driver to a Rider shall constitute a separate agreement between such persons.In certain markets, Riders may have the option to rent bikes or scooters through the Drivern Platform to ride to their destination. In some markets these bikes and scooters are owned by Drivern. In other markets Drivern operates a bike-share or scooter-share program on behalf of third parties. In either case, your rental and use of bikes and scooters through the Drivern Platform is subject to additional agreements between you and Drivern and third parties as applicable to the particular market (“Supplemental Agreements”). Please review any applicable Supplemental Agreements carefully. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF A SUPPLEMENTAL AGREEMENT, YOU MAY NOT RENT OR USE THE BIKES OR SCOOTERS IN SUCH MARKET. In the event of any conflict between this Agreement and the terms and conditions of any Supplemental Agreement, the terms of this Agreement shall control.
Drivern reserves the right to modify the terms and conditions of this Agreement, and such modifications shall be binding on you only upon your acceptance of the modified Agreement. Drivern reserves the right to modify any information on pages referenced in the hyperlinks from this Agreement from time to time, and such modifications shall become effective upon posting. Continued use of the Drivern Platform or Rideshare Services after any such changes shall constitute your consent to such changes. Unless material changes are made to the arbitration provisions herein, you agree that modification of this Agreement does not create a renewed opportunity to opt out of arbitration (if applicable).
The Drivern Platform may only be used by individuals who have the right and authority to enter into this Agreement and are fully able and competent to satisfy the terms, conditions, and obligations herein. The Drivern Platform is not available to Users who have had their User account temporarily or permanently deactivated. You may not allow other persons to use your User account, and you agree that you are the sole authorized user of your account. To use the Drivern Platform, each User shall create a User account. Each person may only create one User account, and Drivern reserves the right to deactivate any additional or duplicate accounts. Your participation in certain Drivern programs and use of certain Drivern products or services may be subject to additional eligibility requirements as determined by Drivern.By becoming a User, you represent and warrant that you are at least 18 years old. Notwithstanding the foregoing, if you are the parent or legal guardian of a 16 or 17-year-old minor you may create a Drivern account for such minor to use the Drivern Platform subject to the following requirements and restrictions: (a) you ensure that the minor’s use of the Drivern Platform is limited solely to accessing and using bike-share or scooter-share services where expressly permitted under the Supplemental Agreement applicable to such services, (b) you determine that the bike-share and scooter-share services are suitable for the minor, (c) you ensure that the minor’s use of the Drivern Platform and applicable bike-share or scooter-share services is done in compliance and acknowledgement of all applicable safety instructions and warnings in this Agreement, any applicable Supplemental Agreements, and the Drivern App, (d) you ensure that the minor does not request or accept any Rideshare Services unless accompanied by you or an authorized guardian, (e) you explain the terms of this Agreement to the minor, and (f) you expressly guarantee the minor’s acceptance of the terms of this Agreement.By creating a Drivern account for such minor, you hereby give permission and consent to the Agreement on the minor’s behalf, and you shall assume any and all responsibility and liability for the minor's use of the Drivern Platform as provided by the terms of this Agreement and any applicable Supplemental Agreements. You will be responsible for any breach of the above representations, warranties and/or this Agreement, and/or any attempt of the minor to disaffirm this Agreement. Furthermore, you hereby represent that you are fully authorized to execute this Agreement on behalf of yourself and all other parents or legal guardians of the minor rider.
As a Rider, you understand that request or use of Rideshare Services may result in charges to you (“Charges”). Charges related to bikes and scooters are addressed in the applicable Supplemental Agreement. Charges for Rideshare Services include Fares and other applicable fees, tolls, surcharges, and taxes as set forth on your market’s Drivern Cities page (www.Drivern.com/cities), plus any tips to the Driver that you elect to pay. Drivern has the authority and reserves the right to determine and modify pricing by posting applicable pricing terms to your market’s Drivern Cities page or quoting you a price for a specific ride at the time you make a request. Pricing may vary based on the type of service you request (e.g., shared, economy, extra seats, luxury) as described on your market’s Drivern Cities page. You are responsible for reviewing the applicable Drivern Cities page or price quote within the Drivern App and shall be responsible for all Charges incurred under your User account regardless of your awareness of such Charges or the amounts thereof.Fares. There are two types of Fares, variable and quoted.
Fees and Other Charges.
If you are a Driver, you will receive payment for your provision of Rideshare Services pursuant to the terms of the Driver Addendum, which shall form part of this Agreement between you and Drivern.
By entering into this Agreement or using the Drivern Platform, you agree to receive communications from us or communications related to the Drivern Platform at any of the phone numbers provided to Drivern by you or on your behalf, including via e-mail, text message, calls, and push notifications. You agree that texts, calls or prerecorded messages may be generated by automatic telephone dialing systems. Communications from Drivern, its affiliated companies and/or Drivers, may include but are not limited to: operational communications concerning your User account or use of the Drivern Platform or Rideshare Services, use of bikes and scooters through the Drivern Platform, updates concerning new and existing features on the Drivern Platform, communications concerning marketing or promotions run by us or our third-party partners, and news concerning Drivern and industry developments. If you change or deactivate the phone number you provided to Drivern, you agree to update your account information to help prevent us from inadvertently communicating with anyone who acquires your old number. Standard text messaging charges applied by your cell phone carrier will apply to text messages we send.IF YOU WISH TO OPT OUT OF PROMOTIONAL EMAILS, YOU CAN UNSUBSCRIBE FROM OUR PROMOTIONAL EMAIL LIST BY FOLLOWING THE UNSUBSCRIBE OPTIONS IN THE PROMOTIONAL EMAIL ITSELF. IF YOU WISH TO OPT OUT OF PROMOTIONAL CALLS OR TEXTS, YOU MAY TEXT “END” TO 46080 FROM THE MOBILE DEVICE RECEIVING THE MESSAGES. YOU ACKNOWLEDGE THAT YOU ARE NOT REQUIRED TO CONSENT TO RECEIVE PROMOTIONAL TEXTS OR CALLS AS A CONDITION OF USING THE Drivern PLATFORM OR RELATED SERVICES. IF YOU WISH TO OPT OUT OF ALL TEXTS OR CALLS FROM Drivern (INCLUDING OPERATIONAL OR TRANSACTIONAL TEXTS OR CALLS), YOU CAN TEXT THE WORD “STOPALL” TO 46080 FROM THE MOBILE DEVICE RECEIVING THE MESSAGES, HOWEVER YOU ACKNOWLEDGE THAT OPTING OUT OF RECEIVING ALL TEXTS MAY IMPACT YOUR USE OF THE Drivern PLATFORM OR RELATED SERVICES.
Drivern, at its sole discretion, may make available promotions, referral programs and loyalty programs with different features to any Users or prospective Users. These promotions and programs, unless made to you, shall have no bearing whatsoever on your Agreement or relationship with Drivern. Drivern reserves the right to withhold or deduct credits or benefits obtained through a promotion or program in the event that Drivern determines or believes that the redemption of the promotion or receipt of the credit or benefit was in error, fraudulent, illegal, or in violation of the applicable promotion or program terms or this Agreement. Drivern reserves the right to terminate, discontinue or cancel any promotions or programs at any time and in its sole discretion without notice to you.Currently, Drivern’s referral program provides you with incentives to refer your friends and family to become new Users of the Drivern Platform in your country (the “Referral Program”). Your participation in the Referral Program is subject to this Agreement and the additional Referral Program rules.
With respect to your use of the Drivern Platform and your participation in the Rideshare Services, you agree that you will not:
By providing Rideshare Services as a Driver on the Drivern Platform, you represent, warrant, and agree that:
All intellectual property rights in the Drivern Platform shall be owned by Drivern absolutely and in their entirety. These rights include database rights, copyright, design rights (whether registered or unregistered), trademarks (whether registered or unregistered) and other similar rights wherever existing in the world together with the right to apply for protection of the same. All other trademarks, logos, service marks, company or product names set forth in the Drivern Platform are the property of their respective owners. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information (“Submissions”) provided by you to us are non-confidential and shall become the sole property of Drivern. Drivern shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.Drivern and other Drivern logos, designs, graphics, icons, scripts and service names are registered trademarks, trademarks or trade dress of Drivern in the United States and/or other countries (collectively, the “Drivern Marks”). If you provide Rideshare Services as a Driver, Drivern grants to you, during the term of this Agreement, and subject to your compliance with the terms and conditions of this Agreement, a limited, revocable, non-exclusive license to display and use the Drivern Marks solely on the Drivern stickers/decals, Drivern Amp, and any other Drivern-branded items provided by Drivern directly to you in connection with providing the Rideshare Services (“License”). The License is non-transferable and non-assignable, and you shall not grant to any third party any right, permission, license or sublicense with respect to any of the rights granted hereunder without Drivern’s prior written permission, which it may withhold in its sole discretion. The Drivern logo (or any Drivern Marks) may not be used in any manner that is likely to cause confusion, including but not limited to: use of a Drivern Mark in a domain name or Drivern referral code, or use of a Drivern Mark as a social media handle or name, avatar, profile photo, icon, favicon, or banner. You may identify yourself as a Driver on the Drivern Platform, but may not misidentify yourself as Drivern, an employee of Drivern, or a representative of Drivern.You acknowledge that Drivern is the owner and licensor of the Drivern Marks, including all goodwill associated therewith, and that your use of the Drivern logo (or any Drivern Marks) will confer no interest in or ownership of the Drivern Marks in you but rather inures to the benefit of Drivern. You agree to use the Drivern logo strictly in accordance with Drivern’s Brand Guidelines, as may be provided to you and revised from time to time, and to immediately cease any use that Drivern determines to nonconforming or otherwise unacceptable.You agree that you will not: (1) create any materials that use the Drivern Marks or any derivatives of the Drivern Marks as a trademark, service mark, trade name or trade dress, other than as expressly approved by Drivern in writing; (2) use the Drivern Marks in any way that tends to impair their validity as proprietary trademarks, service marks, trade names or trade dress, or use the Drivern Marks other than in accordance with the terms, conditions and restrictions herein; (3) take any other action that would jeopardize or impair Drivern’s rights as owner of the Drivern Marks or the legality and/or enforceability of the Drivern Marks, including, challenging or opposing Drivern’s ownership in the Drivern Marks; (4) apply for trademark registration or renewal of trademark registration of any of the Drivern Marks, any derivative of the Drivern Marks, any combination of the Drivern Marks and any other name, or any trademark, service mark, trade name, symbol or word which is similar to the Drivern Marks; (5) use the Drivern Marks on or in connection with any product, service or activity that is in violation of any law, statute, government regulation or standard.You agree you will not rent, lease, lend, sell, or otherwise redistribute the Drivern driver amp, or manufacture, produce, print, sell, distribute, purchase, or display counterfeit/inauthentic Drivern driver amps or other Drivern Marks or (including but not limited to signage, stickers, apparel, or decals) from any source other than directly from Drivern.Violation of any provision of this License may result in immediate termination of the License, in Drivern’s sole discretion, a takedown request sent to the appropriate ISP, or social media platform, and/or a Uniform Domain-Name Dispute-Resolution Policy Proceeding (or equivalent proceeding). If you create any materials (physical or digital) bearing the Drivern Marks (in violation of this Agreement or otherwise), you agree that upon their creation Drivern exclusively owns all right, title and interest in and to such materials, including any modifications to the Drivern Marks or derivative works based on the Drivern Marks or Drivern copyrights. You further agree to assign any interest or right you may have in such materials to Drivern, and to provide information and execute any documents as reasonably requested by Drivern to enable Drivern to formalize such assignment.Drivern respects the intellectual property of others, and expects Users to do the same. If you believe, in good faith, that any materials on the Drivern Platform infringe upon your copyrights, please view our Copyright Policy for information on how to make a copyright complaint.
Certain jurisdictions require additional disclosures to you. You can view any disclosures required by your local jurisdiction at www.Drivern.com/terms/disclosures. We will update the disclosures page as jurisdictions add, remove or amend these required disclosures, so please check in regularly for updates.
You will defend, indemnify, and hold Drivern including our affiliates, subsidiaries, parents, successors and assigns, and each of our respective officers, directors, employees, agents, or shareholders harmless from any claims, actions, suits, losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of the Drivern Platform and participation in the Rideshare Services, including: (1) your breach of this Agreement or the documents it incorporates by reference; (2) your violation of any law or the rights of a third party, including, Drivers, Riders, other motorists, and pedestrians, as a result of your own interaction with such third party; (3) any allegation that any materials that you submit to us or transmit through the Drivern Platform or to us infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; (4) your ownership, use or operation of a motor vehicle or passenger vehicle, including your provision of Rideshare Services as a Driver; and/or (5) any other activities in connection with the Rideshare Services. This indemnity shall be applicable without regard to the negligence of any party, including any indemnified person.
IN NO EVENT WILL Drivern, INCLUDING OUR AFFILIATES, SUBSIDIARIES, PARENTS, SUCCESSORS AND ASSIGNS, AND EACH OF OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SHAREHOLDERS (COLLECTIVELY “Drivern” FOR PURPOSES OF THIS SECTION), BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING DAMAGES FOR DELETION, CORRUPTION, LOSS OF DATA, LOSS OF PROGRAMS, FAILURE TO STORE ANY INFORMATION OR OTHER CONTENT MAINTAINED OR TRANSMITTED BY THE Drivern PLATFORM, SERVICE INTERRUPTIONS, OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES) ARISING OUT OF OR IN CONNECTION WITH THE Drivern PLATFORM, RIDESHARE SERVICES, OR THIS AGREEMENT, HOWEVER ARISING INCLUDING NEGLIGENCE, EVEN IF WE OR OUR AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE Drivern PLATFORM MAY BE USED BY YOU TO REQUEST AND SCHEDULE TRANSPORTATION, GOODS, OR OTHER SERVICES WITH THIRD-PARTY PROVIDERS, BUT YOU AGREE THAT Drivern HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY TRANSPORTATION, GOODS OR OTHER SERVICES PROVIDED TO YOU BY THIRD PARTY PROVIDERS OTHER THAN AS EXPRESSLY SET FORTH IN IN THIS AGREEMENT. CERTAIN JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
This Agreement is effective upon your acceptance of this Agreement. This Agreement may be terminated: a) by User, without cause, upon seven (7) days’ prior written notice to Drivern; or b) by either Party immediately, without notice, upon the other Party’s material breach of this Agreement, including but not limited to any breach of Section 9 or breach of Section 10(a) through (i) of this Agreement. In addition, Drivern may terminate this Agreement or deactivate your User account immediately in the event: (1) you no longer qualify to provide Rideshare Services or to operate the approved vehicle under applicable law, rule, permit, ordinance or regulation; (2) you fall below Drivern’s star rating or cancellation threshold; (3) Drivern has the good faith belief that such action is necessary to protect the safety of the Drivern community or third parties, provided that in the event of a deactivation pursuant to (1)-(3) above, you will be given notice of the potential or actual deactivation and an opportunity to attempt to cure the issue to Drivern’s reasonable satisfaction prior to Drivern permanently terminating the Agreement. For all other breaches of this Agreement, you will be provided notice and an opportunity to cure the breach. If the breach is cured in a timely manner and to Drivern’s satisfaction, this Agreement will not be permanently terminated. Sections 2, 6, 7 (with respect to the license), 11-12, 14-19, and 21 shall survive any termination or expiration of this Agreement.
YOU AND Drivern MUTUALLY AGREE TO WAIVE OUR RESPECTIVE RIGHTS TO RESOLUTION OF DISPUTES IN A COURT OF LAW BY A JUDGE OR JURY AND AGREE TO RESOLVE ANY DISPUTE BY ARBITRATION, as set forth below. This agreement to arbitrate (“Arbitration Agreement”) is governed by the Federal Arbitration Act (“FAA”); but if the FAA is inapplicable for any reason, then this Arbitration Agreement is governed by the laws of the State of Delaware, including Del. Code tit. 10, § 5701 et seq., without regard to choice of law principles. This Arbitration Agreement survives after the Agreement terminates or your relationship with Drivern ends. ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED