These Terms of Service constitute a binding agreement between you and the company Express Ride, its parent companies, subsidiaries, representatives, affiliates, officers, and directors (collectively, “Express Ride”, “we” or “our”) governing your use of the Express Ride application, website, technology, facilities, and platform (collectively, the “Express Ride Platform”).

It is important to note that this agreement contains provisions that establish how claims can be brought between you and Express Ride (see Section 17 below). These provisions, with limited exceptions, require you to waive your right to a jury trial and to submit claims you have against Express Ride to binding and final arbitration on an individual basis, not as a plaintiff or class member in any class or representative action. As a driver or driver applicant, you have the opportunity to opt out of arbitration with respect to certain claims, as set forth in Section 17.

By accepting this Agreement and/or by using or accessing the Express Ride Platform, you expressly acknowledge that you understand this Agreement (including the dispute resolution and arbitration provisions in Section 17) and agree to 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 Express Ride Platform or any of the services provided through the Express Ride Platform.

If you use the Express Ride Platform in another country, you agree to be bound by the Express Ride Service Terms for that country. If you access or use the Express Ride Platform to access or use Express Ride Business services on behalf of a contracting organization with Express Ride and do not access or use the Express Ride Platform as a passenger or driver, your access and use is governed by the contract between Express Ride and your organization.

By using the Express Ride Platform, you also agree to comply with our Community Guidelines, which shall be part of this Agreement between you and Express.

1. Our platform

“Express Ride” refers to our online platform that connects Passengers with Drivers for shared ride services. At Express Ride, we provide a marketplace where Passengers can find transportation options to their desired destinations. Drivers are those who offer transportation services through our platform. Both Drivers and Passengers who use Express Ride are considered Users. Excluding Excluded Persons, all users who use our platform may request and offer transportation services.

As a User of Express Ride, you authorize our platform to match you with Drivers or Passengers, taking into account factors such as location, pickup time, destination, and User preferences. If a User accepts the services of a Driver, a separate agreement is formed between them.

Any decision by a User to offer or accept shared ride services is a decision made at the sole discretion of that User. We at Express Ride do not interfere with decisions made by Users in relation to shared ride services.

In summary, at Express Ride we provide an online platform that connects Drivers and Passengers for shared ride services. As a User of our platform, you have the freedom to accept or reject transportation services according to your preferences and travel needs.

2. Modifications to the Agreement

Express Ride reserves the right to modify the terms and conditions of this Agreement at any time, and such modifications will be effective once posted on the Express Ride Platform. Your continued use of the Express Ride Platform after such changes will constitute your acceptance of the modified terms and conditions. Additionally, Express Ride reserves the right to modify any information on the pages referenced in the hyperlinks of this Agreement from time to time, and such modifications will become effective once posted. In the event of substantial modifications to the arbitration provisions of this Agreement, you will be provided with an opportunity to opt-out of arbitration. However, for any other modification, you agree that the modification of this Agreement will not create a renewed opportunity to opt-out of arbitration (if applicable).

3. Eligibility

The Express Ride Platform is only available to those who have the authority and capacity necessary to accept the terms and conditions of this Agreement. If your User account has been temporarily or permanently deactivated, you will not be able to use the Express Ride Platform. Additionally, it is not permitted for third parties to use your User account, and it is your responsibility to ensure that you are the only authorized user of your account. To be able to access the Express Ride Platform, it is necessary to create a User account. Each person can create only one User account, and Express Ride reserves the right to deactivate any additional or duplicate accounts. By becoming a User, you represent and warrant that you are at least 18 years of age.

4. Charges

As a user of Express Ride, you must understand that requesting or using our transportation services may generate charges (“Charges”) for you and/or an organization, if applicable. These charges include the fee corresponding to the requested service and any other applicable toll, surcharge, or tax, as indicated on our website or in the application. Additionally, any tip you decide to give the driver will also be included in the charges.

At Express Ride, we reserve the right to determine and modify our prices at any time. Prices may vary depending on the type of service you request (e.g. shared, private, luxury) and the distance traveled. When requesting a ride, we will show you the price corresponding to that service at that time, and you must accept the price before confirming the request.

It is important that you carefully review the corresponding charges before confirming your request, as you will be responsible for all charges incurred on your user account, regardless of whether you are aware of such charges or their amounts. If you have any doubts or questions about our prices or charges, please do not hesitate to contact our customer service team.

Express Ride Shared Ride Service Rates (“Rates”). Our transportation service uses two types of Rates: quoted and variable.

• Quoted Rates: When requesting a ride through our application, we will provide you with a Rate quote. Please note that such quote is subject to change until the ride request is confirmed. In the event that the final destination of your ride is not the same as the destination indicated in your request, or if the duration or distance of your ride differs substantially from the quoted rate, or if you attempt to abuse our platform, we reserve the right, at our sole discretion and determination, to cancel the quoted rate and charge you a variable rate as described below. Please note that the quoted rate does not guarantee that the price will be the same as a variable rate for the same ride. Quoted Rates may include shared ride service rates and other additional charges.
• Variable Rates: Variable Rates consist of a base charge and additional charges based on the time and distance of your ride. For shorter rides, a minimum fare may apply. Please note that we use the GPS data from the driver’s phone to calculate the distance traveled on your ride. We cannot guarantee the availability or accuracy of GPS data. In the event of a signal loss, we will calculate time and distance using available data from your ride. In addition to the variable rate, the total cost of your ride may include shared ride service rates and other additional charges.

Express Ride Service Rates for shared rides and other charges

At Express Ride, different charges and rates apply to shared ride service depending on the type of service you choose and the circumstances under which you request your ride. Below are the different rates you may encounter during your experience:

• Service Fee: Express Ride may charge a service fee for each ride, which is established according to the city where the service is requested. The service fee is clearly displayed in the application before confirming your ride request.
• Peak Hours: During high demand times, such as during peak hours, additional charges may apply to the standard shared ride service rate. These charges are known as “Peak Hour Surcharge”.
• Cancellation Fee: After requesting a ride, you may cancel it through the Express Ride application, but please note that in some cases a cancellation fee may apply. Additionally, if you do not show up after requesting a ride, you may also be charged a no-show fee. Please refer to our Help Center for more information on Express Ride’s passenger cancellation policy.
• Damage Fee: If a driver reports that the customer has damaged their vehicle during a trip, you agree to pay a “Damage Fee” according to the extent of the damage, which will be determined at Express Ride’s discretion. The maximum damage fee is $250. Express Ride reserves the right to verify or request documentation of the damage before processing the damage fee.
• Abuse Fee: If Express Ride receives a credible report that you have misused or abused the platform, an “Abuse Fee” of up to $250 will be applied as determined by Express Ride at its sole discretion. Express Ride reserves the right to verify or request documentation of abuse before processing the abuse fee.
• Tolls: In some cases, tolls, toll estimates, or return tolls may apply to your trip. The app will clearly inform you of toll charges before confirming your ride request. Please note that the amount charged by Express Ride may not match the toll charged to the driver, if applicable.
• Other Fees: In addition to the fees mentioned above, other charges and surcharges may apply to your trip, such as airport, state, local, event, fuel, wait time, or distance charges, as determined by Express Ride or its business partners. Additionally, when required by law, Express Ride will collect applicable taxes.
• Payment Facilitation: All charges on Express Ride are processed through a third-party payment processor, such as Stripe, PayPal, etc. Express Ride reserves the right to replace the third-party payment processor without notice. Except for tips and purchasing credit on Express Ride, cash payment is not allowed unless expressly permitted. Payment of the Charges to Express Ride is the user’s obligation for using the platform and the services provided by Express Ride, including third-party services and ridesharing services. In the event that the primary payment method is unavailable, invalid, or cannot be processed, Express Ride may charge other available payment methods on the Express Ride platform.
• No Refunds: All Charges on Express Ride are non-refundable, except as required by law. This no-refund policy will apply at all times, regardless of cancellation of use of the Express Ride platform, interruption of the platform, Express Ride services, third-party services, or ridesharing services, or any other reason.
• Coupons: Express Ride users may receive coupons, credits, discounts, or other promotions (hereinafter “Coupons”) that may be applied to the payment of certain Charges. Coupons are valid for use on the Express Ride platform only and are not transferable or redeemable for cash, except as required by law. Coupons cannot be combined unless expressly stated otherwise, and if the cost of the Charges exceeds the value of the applicable Coupon, Express Ride may charge the remaining Charges to your registered payment method. With respect to Fees, Express Ride may deduct the amount attributable to the Service Fee, Tolls, or Other Charges before the Coupon is applied. Additional restrictions may apply to Coupons as communicated in a relevant promotion or by clicking on the corresponding Coupon within the promotions section of the Express Ride platform.
• Payment Authorization: When adding a new payment method or for each service request, Express Ride may request authorization from your selected payment method to verify the payment method, ensure Charges are covered, and protect against unauthorized behavior. The authorization is not a charge, however, it may reduce your available credit by the authorization amount until the next processing cycle of your bank. If the amount of our authorization exceeds the total funds deposited in your account, your debit or prepaid card issuer may impose an overdraft or insufficient funds charges. Express Ride is not responsible for these charges and cannot assist you in recovering them from your card issuer. Please visit our Help Center for more information on our use of pre-authorization holds.

5. Driver Payments

If you are a Driver, you will receive payment for providing ridesharing services in accordance with the terms of the Driver Agreement, which will be part of this Agreement between you and Express Ride.

The Express Ride Driver Agreement sets the rates and calculation of payments you will receive for providing ridesharing services as a Driver. The amount of your payment will be based on various factors such as distance traveled, duration of the ride, number of passengers, and time of day the ride takes place.

Additionally, it’s important to note that as an Express Ride Driver, you are an independent contractor and not an employee of the company. Therefore, you are responsible for your own taxes and complying with all applicable laws and regulations in your area.

We are committed to providing you with the information and support necessary for you to perform your job safely and effectively, and to receive fair payment for the services you provide. Please visit the Driver Terms and Conditions appendix for all the information.

6. Communications with Express Ride

By using our services, you agree to receive communications from us, whether by email or text message. These communications may include, among others, information about your accounts, promotions, updates, and news related to our company and our services.

If you have provided your mobile phone number, you agree to receive text messages from us. While text messages may be subject to charges by your mobile service provider, we will not charge you for receiving these messages.

If at any time you wish to stop receiving communications by email or text message, you may opt-out at any time. You just need to follow the instructions included in each email or text message.

It’s important to note that these electronic communications will be considered written and will comply with any legal requirement that they be provided in writing. Additionally, we are committed to protecting your privacy and complying with all applicable laws and regulations to ensure that your personal data is safe and secure.

If you have any questions or concerns about our communications or how we handle your personal data, please don’t hesitate to contact us.

7. Your information

At Express Ride, we value and respect your privacy. We recognize that your personal information is valuable and your privacy is important to you. That’s why we are committed to protecting and maintaining your personal information in accordance with the highest standards of privacy and security.

Your personal information includes any information you provide to the Express Ride Platform or post through it, as well as any information provided on your behalf to the Express Ride Platform. This may include profile information, in-app comments, email features, and Express Ride-related posts on social media such as Facebook, Twitter, or others.

You agree that we may use your personal information to create a user account and enable you to use the Express Ride Platform and participate in ride-sharing services. We act only as a passive conduit for your online posting of your personal information, and you are solely responsible for your interactions with other users.

To allow Express Ride to use your personal information for the purposes described in our Privacy Policy, you grant us a non-exclusive, worldwide, perpetual, irrevocable, and royalty-free, transferable and sublicensable (through multiple tiers) license to exercise the copyright, publicity, and database rights you have in your personal information. This includes the right to use, copy, perform, display and distribute such information to prepare derivative works, or incorporate such information into other works, in any media now known or not currently known.

We want to assure you that Express Ride does not claim to own your personal information. Rather, between you and Express Ride, you retain full ownership of all your personal information and any intellectual property or other proprietary rights associated with your personal information.

We are committed to protecting your personal information and keeping it secure. We take reasonable measures to protect your personal information against unauthorized or unlawful access, disclosure or accidental loss, and destruction or damage of your personal information. For more information on how we handle your personal information, please review our Privacy Policy.

8. Promotions and Referrals

At Express Ride, we are committed to providing safe, convenient, and reliable transportation services. We know that our customers are our best advertisement, and as such, we are excited to introduce two new initiatives that allow our customers to save on their rides: our promotions and our referral program.

Promotions

We value our customers and want to reward them for their loyalty. That’s why we are launching our promotions for those customers who have already exhausted their option in the referral program.

Our promotions offer exclusive discounts on rides and are available to long-standing customers who have used the app multiple times. These promotions are an excellent way to save money on your regular rides and thank you for choosing Express Ride as your preferred transportation service.

Referral System

We know that word-of-mouth is one of the best ways to attract new customers. That’s why we have developed a flexible and easy-to-use referral system that allows our customers to save on their rides by sharing the app with friends and family.

To participate in our referral program, all you have to do is share your unique referral code with your friends and family. When a new friend registers with your code, both of you will receive a discount on your next ride.

Our referral system is an excellent way to save money on your rides while introducing your friends and family to the convenience and reliability of Express Ride.

9. Restricted Activities

In relation to your use of the Express Ride Platform, the Express Ride Services, third-party services, and your participation in ride-sharing Services, you agree not to engage in the following activities:

• Pretend to be any person or entity,
• Harass, threaten, or intimidate any person, or carry weapons;
• Violate any law, regulation, rule, permit, ordinance, or regulation;
• Interfere with or disrupt the Express Ride Platform or servers or networks connected to the Express Ride Platform;
• Post information or interact on the Express Ride Platform, Express Ride Services, third-party services, or ride-sharing services in a fraudulent, defamatory, abusive, obscene, profane, sexually oriented, harassing, or illegal manner;
• Use the Express Ride Platform in a manner that infringes on third-party rights, including intellectual property rights, copyrights, patents, trademarks, trade secrets, or other property rights, or publicity or privacy rights;
• Post, email, or transmit any malicious code, file, or program designed to disrupt, damage, destroy, or limit the functionality of the Express Ride Platform or any computer software or hardware or telecommunications equipment or surreptitiously intercept or expropriate any system, data, or personal information;
• Falsify headers or manipulate identifiers to disguise the origin of any information transmitted through the Express Ride Platform;
• “Frame” or “mirror” any part of the Express Ride Platform without our prior written authorization, or use meta tags or code or other devices containing any reference to us to direct any person to any other website for any purpose;
• Modify, adapt, translate, reverse engineer, decrypt, decompile, or disassemble any part of the Express Ride Platform;
• Rent, lease, loan, sell, redistribute, license, or sublicense the Express Ride Platform or access any part of the Express Ride Platform;
• Use any robot, spider, site search/retrieval application, or other device or manual or automatic process to retrieve, index, scrape, “data mine,” copy, access, acquire information, generate impressions or clicks, input or store information, search, monitor any part of the Express Ride Platform, or in any way reproduce or circumvent the navigational structure or presentation of the Express Ride Platform or its contents;
• Directly or indirectly link to other websites,
• Transfer, lend, or sell your User account, password, and/or identification, or any other User information to any other party;
• Not provide false information or misrepresent your identity, affiliation with any person or entity, or omit, misrepresent or deceive as to the origin or source of any entity accessing the Express Ride Platform.
• Not discriminate or harass any person based on race, national origin, religion, gender, gender identity or expression, physical or mental disability, medical condition, marital status, age, or sexual orientation.
• Not violate any of the rules of the Express Ride referral program if you decide to participate in it.
• Not market Express Ride services without a direct agreement with us.
• Not misuse or abuse our services in violation of the eligibility requirements determined by Express Ride.
• Not violate our Policy against Harassment, Misconduct, and Sexual Assault.
• Not circumvent any measures implemented by Express Ride to prevent or address violations of these terms and conditions.
• Not cause a third party to engage in restricted activities as mentioned above.

10.  Driver Representations, Warranties, and Agreements

By providing ridesharing services as a driver on the Express Ride platform, you represent, warrant, and agree that:

• You possess a valid driver’s license and are authorized and medically fit to operate a motor vehicle and have all licenses, approvals, and authority required to provide transportation to Passengers in all jurisdictions in which you provide ridesharing services.
• You own or have legal right to operate the vehicle that you use when providing ridesharing services; such vehicle is in good operating condition and complies with industry safety standards and all applicable legal and state requirements for a vehicle of its kind; and all applicable safety recalls have been or will be remedied according to the manufacturer’s instructions.
• You will not engage in reckless behavior while driving or providing ridesharing services, drive unsafely, operate an unsafe-to-drive vehicle, allow an unauthorized third party to accompany you in the vehicle while providing ridesharing services, provide ridesharing services as a driver while under the influence of alcohol or drugs, or take actions that damage or threaten to harm the safety of the Express Ride community or third parties.
• You will only provide ridesharing services using the vehicle that has been reported and approved by Express Ride, and will not transport more passengers than can safely fit in such vehicle (and no more than seven (7) passengers in any case).
• While providing ridesharing services, you will not operate as a public or common carrier or taxi service, accept street hails, charge for rides (except as expressly provided in this Agreement), require a passenger to pay in cash, or use a credit card reader, such as a Square Reader, to accept payments or engage in any other activity in a manner that is inconsistent with your obligations under this Agreement.
• You will not attempt to defraud Express Ride or Passengers on the Express Ride Platform or in connection with your provision of ridesharing services. If we suspect that you have engaged in fraudulent activity, we may withhold corresponding Fees or other payments for the relevant trip(s) and take any other available action against you as allowed by law.
• You will not discriminate against Passengers with disabilities and will agree to review Express Ride’s anti-discrimination policies. You will make the reasonable accommodations required by law and our Service Animal Policy and Wheelchair Policy for passengers traveling with their service animals or using wheelchairs (or other mobility devices) that can be folded and safely stored in the trunk or back seat of the car.
• You agree that we may obtain information about you, including your criminal and driving records, and agree to provide any additional authorization necessary to facilitate our access to such records during the term of this Agreement.
• You have a valid liability insurance policy (in coverage amounts consistent with all applicable legal requirements) that names you or schedules you for the operation of the vehicle that you use to provide ridesharing services, and agree to provide proof of such insurance and that information regarding such insurance may be released by Express Ride upon reasonable request by Express Ride.
• You will pay all applicable federal, state, and local taxes based on your provision of ridesharing services and any payments that you receive.
• You will comply with reasonable requests by Express Ride to provide information in connection with User complaints, law enforcement requests, or any other incidents.