These Terms of Service constitute a legally binding agreement (the ‘Agreement’) between you and HUMAN app platform, its parents, subsidiaries, representatives, affiliates, officers and directors (collectively, ‘HUMAN’, ‘we’, ‘us’, or ‘our’) governing your use of the HUMAN app platform, website, and technology platform (collectively, the ‘HUMAN app platform’).
PLEASE BE ADVISED: THIS AGREEMENT CONTAINS PROVISIONS THAT GOVERN HOW CLAIMS BETWEEN YOU AND HUMAN CAN BE BROUGHT (SEE SECTION 17 BELOW). THESE PROVISIONS WILL, WITH LIMITED EXCEPTION, REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST HUMAN 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 HUMAN app 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 HUMAN APP PLATFORM OR ANY OF THE SERVICES PROVIDED THROUGH THE HUMAN APP PLATFORM. If you use the HUMAN app platform in another country, you agree to be subject to HUMAN app platform’s terms of service for that country.
1. The HUMAN app platform
The HUMAN app platform provides a marketplace where 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 HUMAN app platform to match you with a Driver or Rider based on factors such as your location, the estimated time to pickup, your destination, user preferences, and platform efficiency, and to cancel an existing match and rematch 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.
2. Modification to the Agreement
HUMAN app platform reserves the right to modify the terms and conditions of this Agreement, such modifications shall be binding on you only upon your acceptance of the modified Agreement. HUMAN app platform 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 HUMAN app 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 HUMAN app platform may only be used by individuals who have the right and authority to enter into this Agreement, are fully able and competent to satisfy the terms, conditions, and obligations herein. The HUMAN app 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 HUMAN app platform, each User shall create a User account. Each person may only create one User account, and HUMAN app platform 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. Notwithstanding the foregoing, if you are the parent or legal guardian of a 16 or 17-year old minor you may create a HUMAN app platform account for such minor to use the HUMAN app platform subject to the following requirements and restrictions: (a) you ensure that the minor does not request or accept any Rideshare Services unless accompanied by you or an authorized guardian, and (b) you expressly guarantee the minor’s acceptance of the terms of this Agreement. 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.
By creating a HUMAN app platform 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 HUMAN app 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 for Rideshare Services include Fares and other applicable fees, tolls, surcharges, and taxes as set forth for any trip request in app, plus any tips to the Driver that you elect to pay. HUMAN app platform has the authority and reserves the right to relay a set-by-driver price for a specific ride at the time you make a request. You 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.
Variable Fares. Variable fares consist of a base charge and incremental charges based on the duration and distance of your ride. For particularly short rides, minimum fares may apply. Please note that we use GPS data from your Driver’s phone to calculate the distance traveled on your ride. We cannot guarantee the availability or accuracy of GPS data. If we lose signal we will calculate time and distance using available data from your ride.
Quoted Fares. In some cases HUMAN app platform may quote you a Fare at the time of your request. The quote is subject to change until the ride request is confirmed. If during your ride you change your destination, make multiple stops, or attempt to abuse the HUMAN app platform, we may cancel the fare quote and charge you a variable fare based on the time and distance of your ride. HUMAN app platform does not guarantee that the quoted fare price will be equal to a variable fare for the same ride. Quoted Fares may include the Fees and Other Charges below, as applicable.
Fees and Other Charges.
Booking Fee. You may be charged a ‘Booking Fee’ for each trip as set forth for any trip request in app.
Super Time. At times of high demand for Rideshare Services (‘Super Time’) you acknowledge that Charges may increase substantially. For all rides with a variable fare, we will use reasonable efforts to inform you of any Super Time multipliers in effect at the time of your request. For quoted fares we may factor in the Super Time multiplier into the quoted price of the ride.
Cancellation Fee. After requesting a ride you may cancel it through the app, but note that in certain cases a cancellation fee may apply. You may also be charged if you fail to show up after requesting a ride. Please check out help in app to learn more about applicable cancellation fees.
Damage Fee. If a Driver reports that you have materially damaged the Driver’s vehicle, you agree to pay a ‘Damage Fee’ of up to $250 depending on the extent of the damage (as determined by HUMAN app platform in its sole discretion), towards vehicle repair or cleaning. HUMAN app platform reserves the right (but is not obligated) to verify or otherwise require documentation of damages prior to processing the Damage Fee.
Tolls. In some instances tolls (or return tolls) may apply to your ride. Please check out help in app for more information about toll charges and a list of applicable tolls and return charges. We do not guarantee that the amount charged by HUMAN app platform will match the toll charged to the Driver, if any.
Other Charges. Other fee and surcharges may apply to your ride, including: actual or anticipated airport fees, state or local fees, or event fees as determined by HUMAN app platform or its marketing partners. In addition, where required by law HUMAN app platform will collect applicable taxes. Please check out help in app for details on other Charges that may apply to your ride.
Tips. Following a ride, you may elect to tip your Driver in cash or through the HUMAN app. You may also elect to set a default tip amount or percentage through the app; Any tips will be provided entirely to the applicable Driver.
Facilitation of Charges. All Charges are facilitated through a 3rd party payment processor (e.g., First Data, Stripe, Inc., or Braintree, a division of PayPal, Inc.). HUMAN app platform may replace its 3rd party payment processor without notice to you. Charges shall only be made through the HUMAN app platform. With the exception of tips, cash payments are strictly prohibited. Your payment of Charges to HUMAN app platform satisfies your payment obligation for your use of the HUMAN app platform and Rideshare Services. HUMAN app platform may group multiple charges into a single aggregate transaction on your payment method based on the date(s) they were incurred. If you don’t recognize a transaction, then check your trip receipts and payment history in app.
Stripe Full Service Agreement. Payment processing services for riders are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the ‘Stripe Services Agreement’). You agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of HUMAN app platform enabling payment processing services through Stripe, you agree to provide HUMAN app platform accurate and complete information about you and your business, and you authorize HUMAN app platform to share it and transaction information related to your use of the payment processing services provided by Stripe.
Stripe Recipient Service Agreement. HUMAN app platform uses Stripe to make payouts to drivers. The Stripe Recipient Agreement applies to your receipt of such Payouts. To receive payouts from HUMAN app platform, you must provide HUMAN app platform accurate and complete information about you and your business, and you authorize HUMAN app platform to share it and transaction information related to your payout with Stripe.
No Refunds. All Charges are non-refundable. This no-refund policy shall apply at all times regardless of your decision to terminate usage of the HUMAN app platform, any disruption to the HUMAN app platform or Rideshare Services, or any other reason whatsoever.
Coupons. You may receive coupons that you can apply toward payment of certain Charges upon completion of a Trip. Coupons are only valid for use on the HUMAN app platform, and are not transferable or redeemable for cash except as required by law. Coupons cannot be combined, and if the cost of your ride exceeds the applicable credit or discount value we will charge your payment method on file for the outstanding cost of the Trip. For quoted or variable fares, HUMAN app platform may deduct the amount attributable to the Booking Fee, Tolls, or Other Charges before application of the coupon. Additional restrictions on coupons may apply as communicated to you in a relevant promotion or by clicking on the relevant coupon within promotions in app.
Payment Card Authorization. Upon addition of a new payment method or each trip request, HUMAN app platform may seek authorization of your selected payment method to verify the payment method, ensure the ride cost will be covered, and protect against unauthorized behavior. The authorization is not a charge, however, it may reduce your available credit by the authorization amount until your bank’s next processing cycle. Should the amount of our authorization exceed the total funds on deposit in your account, you may be subject to overdraft of NSF charges by the bank issuing your debit or prepaid card. We cannot be held responsible for these charges and are unable to assist you in recovering them from your issuing bank. Check out help in app to learn more about our use of pre-authorization holds.
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 HUMAN app platform.
6. HUMAN app platform Communications
By entering into this Agreement or using the HUMAN app platform, you agree to receive communications from us, 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 HUMAN app platform, its affiliated companies and/or Drivers, may include but are not limited to: operational communications concerning your User account or use of the HUMAN app platform or Rideshare Services, updates concerning new and existing features on the HUMAN app platform, communications concerning promotions run by us or our 3rd party partners, and news concerning HUMAN app platform and industry developments. 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’ 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 HUMAN APP PLATFORM OR RELATED SERVICES. IF YOU WISH TO OPT OUT OF ALL TEXTS OR CALLS FROM HUMAN APP PLATFORM (INCLUDING OPERATIONAL OR TRANSACTIONAL TEXTS OR CALLS), YOU CAN TEXT THE WORD ‘STOPALL’ FROM THE MOBILE DEVICE RECEIVING THE MESSAGES, HOWEVER YOU ACKNOWLEDGE THAT OPTING OUT OF RECEIVING ALL TEXTS MAY IMPACT YOUR USE OF THE HUMAN APP PLATFORM OR RELATED SERVICES.
7. Your Information
8. Promotions, Invitations, and Loyalty Programs
HUMAN app platform, 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 HUMAN app platform. HUMAN app platform reserves the right to withhold or deduct credits or benefits obtained through a promotion or program in the event that HUMAN app platform 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. HUMAN app platform 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, HUMAN app platform’s invitation program (‘Invitation Program’) provides you with incentives to refer your friends and family to become new Users of the HUMAN app platform in your country (the ‘Invitation Program’). Your participation in the Invitation Program is subject to this Agreement and the additional Invitation Program rules.
9. Restricted Activities
With respect to your use of the HUMAN app platform and your participation in the Rideshare Services, you agree that you will not:
(a) impersonate any person or entity; (b) stalk, threaten, or otherwise harass any person, or carry any weapons; (c) violate any law, statute, rule, permit, ordinance or regulation; (d) interfere with or disrupt the HUMAN app platform or the servers or networks connected to the HUMAN app platform; (e) post Information or interact on the HUMAN app platform or Rideshare Services in a manner which is fraudulent, libelous, abusive, obscene, profane, sexually oriented, harassing, or illegal; (f) use the HUMAN app platform in any way that infringes any 3rd party’s rights, including: intellectual property rights, copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (g) post, email or otherwise transmit any malicious code, files or programs designed to interrupt, damage, destroy or limit the functionality of the HUMAN app platform or any computer software or hardware or telecommunications equipment or surreptitiously intercept or expropriate any system, data or personal information; (h) forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the HUMAN app platform; (i) ‘frame’ or ‘mirror’ any part of the HUMAN app platform, without our prior written authorization or use meta tags or code or other devices containing any reference to us in order to direct any person to any other web site for any purpose; (j) modify, adapt, translate, reverse engineer, decipher, decompile or otherwise disassemble any portion of the HUMAN app platform; (k) rent, lease, lend, sell, redistribute, license or sublicense the HUMAN app platform or access to any portion of the HUMAN app platform; (l) use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, scrape, ‘data mine’, or in any way reproduce or circumvent the navigational structure or presentation of the HUMAN app platform or its contents; (m) link directly or indirectly to any other web sites; (n) transfer or sell your User account, password and/or identification, or any other User’s Information to any other party; (o) discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation; (p) violate any of the Invitation Program rules if you participate in the Invitation Program; (q) cause any 3rd party to engage in the restricted activities above.
10. Driver Representations, Warranties and Agreements
By providing Rideshare Services as a Driver on the HUMAN app platform, you represent, warrant, and agree that:
(a) you possess a valid driver’s license and are authorized and medically fit to operate a motor vehicle and have all appropriate licenses, approvals and authority to provide transportation to Riders in all jurisdictions in which you provide Rideshare Services; (b) you own, or have the legal right to operate, the vehicle you use when providing Rideshare Services; such vehicle is in good operating condition and meets the industry safety standards and all applicable statutory and state department of motor vehicle requirements for a vehicle of its kind; and any and all applicable safety recalls have been remedied per manufacturer instructions; (c) you will not engage in reckless behavior while driving, drive unsafely, operate a vehicle that is unsafe to drive, permit an unauthorized 3rd party to accompany you in the vehicle while providing Rideshare Services, Rideshare provide Services as a Driver while under the influence of alcohol or drugs, or take action that harms or threatens to harm the safety of the HUMAN app platform community or 3rd parties; (d) you will only provide Rideshare Services using the vehicle that has been reported to, and approved by HUMAN app platform, and for which a photograph has been provided to HUMAN app platform, and you will not transport more riders than can securely be seated in such vehicle (and no more than seven (7) riders in any instance); (e) you will not, while providing the Rideshare Services, operate as a public or common carrier or taxi service, accept street hails, charge for rides (except as expressly provided in this Agreement), demand that a rider pay in cash, or use a credit card reader, such as a Square Reader, to accept payment or engage in any other activity in a manner that is inconsistent with your obligations under this Agreement; (f) you will not attempt to defraud HUMAN app platform or Riders on the HUMAN app platform or in connection with your provision of Rideshare Services. If we suspect that you have engaged in fraudulent activity we may withhold applicable Fares or other payments for a ride or rides in question and take any other action against you available under the law; (g) you will not discriminate against Riders with disabilities and agree to review HUMAN app platform’s Anti-Discrimination Policies. You will make responsible accommodation as required by law and our Service Animal Policy and Wheelchair Policy for Riders who travel with their service animals or who use wheelchairs or other mobility devices, that can be folded for safe and secure storage in the car’s trunk or backseat; (h) you agree that we may obtain information about you, including your criminal and driving records, and you agree to provide any further necessary authorizations to facilitate our access to such records during the term of the Agreement; (i) you have a valid policy of liability insurance in coverage amounts consistent with all applicable legal requirements that names or schedules you for the operation of the vehicle you use to provide Rideshare Services; (j) you will pay all applicable federal, state and local taxes based on your provision of Rideshare Services and any payments received by you.
11. Intellectual Property
All intellectual property rights in the HUMAN app platform shall be owned by HUMAN app platform 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 HUMAN app 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 HUMAN app platform. HUMAN app platform 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.
HUMAN app platform and other HUMAN app platform logos, designs, graphics, icons, scripts and service names are registered trademarks, trademarks or trade dress of HUMAN app platform in the United States and/or other countries (collectively, the ‘SUNSPOTS’). If you provide Rideshare Services as a Driver, HUMAN app platform 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 HUMAN-SIGNS solely on the HUMAN app platform stickers/decals, and any other HUMAN-Branded items provided by HUMAN app platform 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 3rd party any right, permission, license or sublicense with respect to any of the rights granted hereunder without HUMAN app platform’s prior written permission, which it may withhold in its sole discretion. The HUMAN app platform logo (or any HUMAN-SIGNS) may not be used in any manner that is likely to cause confusion, including but not limited to: use of a HUMAN-SIGN in a domain name or HUMAN app platform invitation code, or use of a HUMAN-SIGN as a social media handle or name, avatar, profile photo, icon, favicon, or banner. You may identify yourself as a Driver on the HUMAN app platform, but may not misidentify yourself as HUMAN app platform, an employee of HUMAN app platform, or a representative of HUMAN app platform.
You acknowledge that HUMAN app platform is the owner and licensor of the HUMAN-SIGNS, including all goodwill associated therewith, and that your use of the HUMAN app platform logo (or any HUMAN-SIGNS) will confer no interest in or ownership of the HUMAN-SIGNS in you but rather inures to the benefit of HUMAN app platform. You agree to use the HUMAN app platform logo strictly in accordance with HUMAN app platform’s Trademark Usage Guidelines, as may be provided to you and revised from time to time, and to immediately cease any use that HUMAN app platform determines to nonconforming or otherwise unacceptable.
You agree that you will not: (1) create any materials that use the HUMAN-SIGNS or any derivatives of the HUMAN-SIGNS as a trademark, service mark, trade name or trade dress, other than as expressly approved by HUMAN app platform in writing; (2) use the HUMAN-SIGNS in any way that tends to impair their validity as proprietary trademarks, service marks, trade names or trade dress, or use the HUMAN-SIGNS other than in accordance with the terms, conditions and restrictions herein; (3) take any other action that would jeopardize or impair HUMAN app platform’s rights as owner of the HUMAN-SIGNS or the legality and/or enforceability of the HUMAN-SIGNS, including, challenging or opposing HUMAN app platform’s ownership in the HUMAN-SIGNS; (4) apply for trademark registration or renewal of trademark registration of any of the HUMAN-SIGNS, any derivative of the HUMAN-SIGNS, any combination of the HUMAN-SIGNS and any other name, or any trademark, service mark, trade name, symbol or word which is similar to the HUMAN-SIGNS; (5) use the HUMAN-SIGNS on or in connection with any product, service or activity that is in violation of any law, statute, government regulation or standard.
Violation of any provision of this License may result in immediate termination of the License, in HUMAN app platform’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 HUMAN-SIGNS (in violation of this Agreement or otherwise), you agree that upon their creation HUMAN app platform exclusively owns all right, title and interest in and to such materials, including any modifications to the HUMAN-SIGNS or derivative works based on the HUMAN-SIGNS or HUMAN app platform copyrights. You further agree to assign any interest or right you may have in such materials to HUMAN app platform, and to provide information and execute any documents as reasonably requested by HUMAN app platform to enable HUMAN app platform to formalize such assignment.
HUMAN app platform respects the intellectual property of others, and expects Users to do the same. If you believe, in good faith, that any materials on the HUMAN app platform infringe upon your copyrights, please view our Copyright Policy for information on how to make a copyright complaint.
The following disclaimers are made on behalf of HUMAN app platform, our affiliates, subsidiaries, parents, successors and assigns, and each of our respective officers, directors, employees, agents, and shareholders.
HUMAN app platform does not provide transportation services, and HUMAN app platform is not a transportation carrier. HUMAN app platform is not a common carrier or public carrier. It is up to the Driver to decide whether or not to offer a ride to a Rider contacted through the HUMAN app platform, and it is up to the Rider to decide whether or not to accept a ride from any Driver contacted through the HUMAN app platform. We cannot ensure that a Driver or Rider will complete an arranged transportation service. We have no control over the quality or safety of the transportation that occurs as a result of the Rideshare Services.
The HUMAN app platform is provided on an ‘as is’ basis and without any warranty or condition, express, implied or statutory. We do not guarantee and do not promise any specific results from use of the HUMAN app platform and/or the Rideshare Services, including the ability to provide or receive Rideshare Services at any given location or time. To the fullest extent permitted by law, we specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.
We do not warrant that your use of the HUMAN app platform or Rideshare Services will be accurate, complete, reliable, current, secure, uninterrupted, always available, or error-free, or will meet your requirements, that any defects in the HUMAN app platform will be corrected, or that the HUMAN app platform is free of viruses or other harmful components. We disclaim liability for, and no warranty is made with respect to, connectivity and availability of the HUMAN app platform or Rideshare Services.
We cannot guarantee that each Rider is who he or she claims to be. Please use common sense when using the HUMAN app platform and Rideshare Services, including looking at the photos of the Driver or Rider you have matched with to make sure it is the same individual you see in person. Please note that there are also risks of dealing with underage persons or people acting under false pretense, and we do not accept responsibility or liability for any content, communication or other use or access of the HUMAN app platform by persons under the age of 18 in violation of this Agreement. We encourage you to communicate directly with each potential Driver or Rider prior to engaging in an arranged transportation service.
HUMAN app platform is not responsible for the conduct, whether online or offline, of any User of the HUMAN app platform or Rideshare Services. You are solely responsible for your interactions with other Users. We do not procure insurance for, nor are we responsible for, personal belongings left in the car by Drivers or Riders. By using the HUMAN app platform and participating in the Rideshare Services, you agree to accept such risks and agree that HUMAN app platform is not responsible for the acts or omissions of Users on the HUMAN app platform or participating in the Rideshare Services.
You are responsible for the use of your User account and HUMAN app platform expressly disclaims any liability arising from the unauthorized use of your User account. Should you suspect that any unauthorized party may be using your User account or you suspect any other breach of security, you agree to notify us immediately.
It is possible for others to obtain information about you that you provide, publish or post to or through the HUMAN app platform (including any profile information you provide), send to other Users, or share during the Rideshare Services, and to use such information to harass or harm you. We are not responsible for the use of any personal information that you disclose to other Users on the HUMAN app platform or through the Rideshare Services. Please carefully select the type of information that you post on the HUMAN app platform or through the Rideshare Services or release to others. We disclaim all liability, regardless of the form of action, for the acts or omissions of other Users (including unauthorized users, or ‘hackers’).
Opinions, advice, statements, offers, or other information or content concerning HUMAN app platform or made available through the HUMAN app platform, but not directly by us, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. Under no circumstances will we be responsible for any loss or damage resulting from your reliance on information or other content posted by 3rd parties, whether on the HUMAN app platform or otherwise. We reserve the right, but we have no obligation, to monitor the materials posted on the HUMAN app platform and remove any such material that in our sole opinion violates, or is alleged to violate, the law or this agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Users or others.
Location data provided by the HUMAN app platform is for basic location purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate or incomplete location data may lead to death, personal injury, property or environmental damage. Neither HUMAN app platform, nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of location data tracked or displayed by the HUMAN app platform. Any of your Information, including geolocational data, you upload, provide, or post on the HUMAN app platform may be accessible to HUMAN app platform and certain Users of the HUMAN app platform.
HUMAN app platform advises you to use the HUMAN app platform with a data plan with unlimited or very high data usage limits, and HUMAN app platform shall not be responsible or liable for any fees, costs, or overage charges associated with any data plan you use to access the HUMAN app platform.
This paragraph applies to any version of the HUMAN app platform that you acquire from the Apple App Store. This Agreement is entered into between you and HUMAN app platform. Apple, Inc. (‘Apple’) is not a party to this Agreement and shall have no obligations with respect to the HUMAN app platform. HUMAN app platform, not Apple, is solely responsible for the HUMAN app platform and the content thereof as set forth hereunder. However, Apple and Apple’s subsidiaries are 3rd party beneficiaries of this Agreement. Upon your acceptance of this Agreement, Apple shall have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a 3rd party beneficiary thereof. This Agreement incorporates by reference Apple’s Licensed Application End User License Agreement, for purposes of which, you are ‘the end-user’. In the event of a conflict in the terms of the Licensed Application End User License Agreement and this Agreement, the terms of this Agreement shall control.
13. State and Local Disclosures
Certain jurisdictions require additional disclosures to you. We will update disclosures in app as jurisdictions add, remove or amend these required disclosures, so please check in regularly for updates.
You will defend, indemnify, and hold HUMAN app platform 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 HUMAN app 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 3rd party, including, Drivers, Riders, other motorists, and pedestrians, as a result of your own interaction with such 3rd party; (3) any allegation that any materials that you submit to us or transmit through the HUMAN app platform or to us infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any 3rd 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.
15. Limitation of Liability
IN NO EVENT WILL HUMAN APP PLATFORM, INCLUDING OUR AFFILIATES, SUBSIDIARIES, PARENTS, SUCCESSORS AND ASSIGNS, AND EACH OF OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SHAREHOLDERS (COLLECTIVELY ‘HUMAN APP PLATFORM’ 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 HUMAN APP PLATFORM, SERVICE INTERRUPTIONS, OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES) ARISING OUT OF OR IN CONNECTION WITH THE HUMAN APP PLATFORM, THE 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 HUMAN APP PLATFORM MAY BE USED BY YOU TO REQUEST AND SCHEDULE TRANSPORTATION, GOODS, OR OTHER SERVICES WITH 3RD PARTY PROVIDERS, BUT YOU AGREE THAT HUMAN APP PLATFORM HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY TRANSPORTATION, GOODS OR OTHER SERVICES PROVIDED TO YOU BY 3RD PARTY PROVIDERS OTHER THAN AS EXPRESSLY SET FORTH 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.
16. Term and Termination
This Agreement is effective upon your creation of a User account. This Agreement may be terminated: a) by User, without cause, upon seven (7) days’ prior written notice to HUMAN app platform; 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, HUMAN app platform 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) HUMAN app platform has the good faith belief that such action is necessary to protect the safety of the HUMAN app platform community or 3rd parties, provided that in the event of a deactivation pursuant to (1)-(2) above, you will be given notice of the potential or actual deactivation and an opportunity to attempt to cure the issue to HUMAN app platform’s reasonable satisfaction prior to HUMAN app platform 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 HUMAN app platform’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.
17. DISPUTE RESOLUTION AND ARBITRATION AGREEMENT
(a) Agreement to Binding Arbitration Between You and HUMAN app platform.
YOU AND HUMAN APP PLATFORM 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 and survives after the Agreement terminates or your relationship with HUMAN app platform ends. ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED. Except as expressly provided below, this Arbitration Agreement applies to all Claims (defined below) between you and HUMAN app platform, including our affiliates, subsidiaries, parents, successors and assigns, and each of our respective officers, directors, employees, agents, or shareholders. This Arbitration Agreement also applies to claims between you and HUMAN app platform’s service providers, including but not limited to background check providers and payment processors; and such service providers shall be considered intended 3rd party beneficiaries of this Arbitration Agreement.
Except as expressly provided below, ALL DISPUTES AND CLAIMS BETWEEN US (EACH A ‘CLAIM’ AND COLLECTIVELY, ‘CLAIMS’) SHALL BE EXCLUSIVELY RESOLVED BY BINDING ARBITRATION SOLELY BETWEEN YOU AND HUMAN APP PLATFORM. These Claims include, but are not limited to, any dispute, claim or controversy, whether based on past, present, or future events, arising out of or relating to: this Agreement and prior versions thereof (including the breach, termination, enforcement, interpretation or validity thereof), the HUMAN app platform, the Rideshare Services, HUMAN app platform promotions, gift card, invitations or loyalty programs, any other goods or services made available through the HUMAN app platform, your relationship with HUMAN app platform, the threatened or actual suspension, deactivation or termination of your User Account or this Agreement, background checks performed by or on HUMAN app platform’s behalf, payments made by you or any payments made or allegedly owed to you, any promotions or offers made by HUMAN app platform, any city, county, state or federal wage-hour law, trade secrets, unfair competition, compensation, breaks and rest periods, expense reimbursement, wrongful termination, discrimination, harassment, retaliation, fraud, defamation, emotional distress, breach of any express or implied contract or covenant, claims arising under federal or state consumer protection laws; claims arising under antitrust laws, claims arising under the Telephone Consumer Protection Act and Fair Credit Reporting Act; and claims arising under the Uniform Trade Secrets Act, Civil Rights Act of 1964, Americans With Disabilities Act, Age Discrimination in Employment Act, Older Workers Benefit Protection Act, Family Medical Leave Act, Fair Labor Standards Act, Employee Retirement Income Security Act (except for individual claims for employee benefits under any benefit plan sponsored by HUMAN app platform and covered by the Employee Retirement Income Security Act of 1974 or funded by insurance), and state statutes, if any, addressing the same or similar subject matters, and all other federal and state statutory and common law claims. All disputes concerning the arbitrability of a Claim (including disputes about the scope, applicability, enforceability, revocability or validity of the Arbitration Agreement) shall be decided by the arbitrator, except as expressly provided below.
BY AGREEING TO ARBITRATION, YOU UNDERSTAND THAT YOU AND HUMAN APP PLATFORM ARE WAIVING THE RIGHT TO SUE IN COURT OR HAVE A JURY TRIAL FOR ALL CLAIMS, EXCEPT AS EXPRESSLY OTHERWISE PROVIDED IN THIS ARBITRATION AGREEMENT. This Arbitration Agreement is intended to require arbitration of every claim or dispute that can lawfully be arbitrated, except for those claims and disputes which by the terms of this Arbitration Agreement are expressly excluded from the requirement to arbitrate.
(b) Prohibition of Class Actions and Non-Individualized Relief.
YOU UNDERSTAND AND AGREE THAT YOU AND HUMAN APP PLATFORM MAY EACH BRING CLAIMS IN ARBITRATION AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT ON A CLASS, COLLECTIVE ACTION, OR REPRESENTATIVE BASIS (‘CLASS ACTION WAIVER’). YOU UNDERSTAND AND AGREE THAT YOU AND HUMAN APP PLATFORM BOTH ARE WAIVING THE RIGHT TO PURSUE OR HAVE A DISPUTE RESOLVED AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE OR REPRESENTATIVE PROCEEDING. NOTWITHSTANDING THE FOREGOING, THIS SUBSECTION (B) SHALL NOT APPLY TO REPRESENTATIVE PRIVATE ATTORNEYS GENERAL ACT CLAIMS BROUGHT AGAINST HUMAN APP PLATFORM, WHICH ARE ADDRESSED SEPARATELY IN SECTION 17(C).
The arbitrator shall have no authority to consider or resolve any Claim or issue any relief on any basis other than an individual basis. The arbitrator shall have no authority to consider or resolve any Claim or issue any relief on a class, collective, or representative basis. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claims.
Notwithstanding any other provision of this Agreement, the Arbitration Agreement or the AAA Rules, disputes regarding the scope, applicability, enforceability, revocability or validity of the Class Action Waiver may be resolved only by a civil court of competent jurisdiction and not by an arbitrator. In any case in which: (1) the dispute is filed as a class, collective, or representative action and (2) there is a final judicial determination that the Class Action Waiver is unenforceable with respect to any Claim or any particular remedy for a Claim (such as a request for public injunctive relief), then that Claim or particular remedy (and only that Claim or particular remedy) shall be severed from any remaining claims and/or remedies and may be brought in a civil court of competent jurisdiction, but the Class Action Waiver shall be enforced in arbitration on an individual basis as to all other Claims or remedies to the fullest extent possible.
(c) Representative PAGA Waiver.
Notwithstanding any other provision of this Agreement or the Arbitration Agreement, to the fullest extent permitted by law: (1) you and HUMAN app platform agree not to bring a representative action on behalf of others under the Private Attorneys General Act of 2004 (‘PAGA’), California Labor Code § 2698 et seq., in any court or in arbitration, and (2) for any claim brought on a private attorney general basis, including under the California PAGA, both you and HUMAN app platform agree that any such dispute shall be resolved in arbitration on an individual basis only (i.e., to resolve whether you have personally been aggrieved or subject to any violations of law), and that such an action may not be used to resolve the claims or rights of other individuals in a single or collective proceeding (i.e., to resolve whether other individuals have been aggrieved or subject to any violations of law) (collectively, ‘representative PAGA Waiver’). Notwithstanding any other provision of this Agreement, the Arbitration Agreement or the AAA Rules, disputes regarding the scope, applicability, enforceability, revocability or validity of this representative PAGA Waiver may be resolved only by a civil court of competent jurisdiction and not by an arbitrator. If any provision of this representative PAGA Waiver is found to be unenforceable or unlawful for any reason: (i) the unenforceable provision shall be severed from this Agreement; (ii) severance of the unenforceable provision shall have no impact whatsoever on the Arbitration Agreement or the requirement that any remaining Claims be arbitrated on an individual basis pursuant to the Arbitration Agreement; and (iii) any such representative PAGA or other representative private attorneys general act claims must be litigated in a civil court of competent jurisdiction and not in arbitration. To the extent that there are any Claims to be litigated in a civil court of competent jurisdiction because a civil court of competent jurisdiction determines that the representative PAGA Waiver is unenforceable with respect to those Claims, the Parties agree that litigation of those Claims shall be stayed pending the outcome of any individual Claims in arbitration.
(d) Rules Governing the Arbitration.
Any arbitration conducted pursuant to this Arbitration Agreement shall be administered by the American Arbitration Association (‘AAA’) pursuant to its Consumer Arbitration Rules that are in effect at the time the arbitration is initiated, as modified by the terms set forth in this Agreement. Copies of these rules can be obtained at the AAA’s website (www.adr.org) (the ‘AAA Rules’) or by calling the AAA at 1-800-778-7879. Notwithstanding the foregoing, if requested by you and if proper based on the facts and circumstances of the Claims presented, the arbitrator shall have the discretion to select a different set of AAA Rules, but in no event shall the arbitrator consolidate more than one person’s Claims, or otherwise preside over any form of representative, collective, or class proceeding. The parties may select a different arbitration administrator upon mutual written agreement.
As part of the arbitration, both you and HUMAN app platform will have the opportunity for reasonable discovery of non-privileged information that is relevant to the Claim. The arbitrator may award any individualized remedies that would be available in court. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claims. The arbitrator will provide a reasoned written statement of the arbitrator’s decision which shall explain the award given and the findings and conclusions on which the decision is based.
The arbitrator will decide the substance of all claims in accordance with applicable law, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different Riders or Drivers, but is bound by rulings in prior arbitrations involving the same Rider or Driver to the extent required by applicable law. The arbitrator’s award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof, provided that any award may be challenged in a court of competent jurisdiction.
(e) Arbitration Fees and Awards.
The payment of filing and arbitration fees will be governed by the relevant AAA Rules subject to the following modifications:
1. If HUMAN app platform initiates arbitration under this Arbitration Agreement, HUMAN app platform will pay all AAA filing and arbitration fees.
2. With respect to any Claims brought by HUMAN app platform against a Driver, or for Claims brought by a Driver against HUMAN app platform that: (A) are based on an alleged employment relationship between HUMAN app platform and a Driver; (B) arise out of, or relate to, HUMAN app platform’s actual deactivation of a Driver’s User account or a threat by HUMAN app platform to deactivate a Driver’s User account; (C) arise out of, or relate to, HUMAN app platform’s actual termination of a Driver’s Agreement with HUMAN app platform under the termination provisions of this Agreement, or a threat by HUMAN app platform to terminate a Driver’s Agreement; (D) arise out of, or relate to, Fares (as defined in this Agreement, including HUMAN app platform’s commission or fees on the Fares), tips, or average hourly guarantees owed by HUMAN app platform to Drivers for Rideshare Services, other than disputes relating to referral bonuses, other HUMAN app platform promotions, or consumer-type disputes, or (E) arise out of or relate to background checks performed in connection with a user seeking to become a Driver (the subset of Claims in subsections (A)-(E) shall be collectively referred to as ‘Driver Claims’), HUMAN app platform shall pay all costs unique to arbitration (as compared to the costs of adjudicating the same claims before a court), including the regular and customary arbitration fees and expenses (to the extent not paid by HUMAN app platform pursuant to the fee provisions above). However, if you are the party initiating the Driver Claim, you shall be responsible for contributing up to an amount equal to the filing fee that would be paid to initiate the claim in the court of general jurisdiction in the state in which you provide Rideshare Services to Riders, unless a lower fee amount would be owed by you pursuant to the AAA Rules, applicable law, or subsection (e)(1) above. Any dispute as to whether a cost is unique to arbitration shall be resolved by the arbitrator. For purposes of this Section 17(e)(3), the term ‘Driver’ shall be deemed to include both Drivers and Driver applicants who have not been approved to drive.
3. Except as provided in Federal Rule of Civil Procedure 68 or any state equivalents, each party shall pay its own attorneys’ fees and pay any costs that are not unique to the arbitration (i.e., costs that each party would incur if the claim(s) were litigated in a court such as costs to subpoena witnesses and/or documents, take depositions and purchase deposition transcripts, copy documents, etc.).
4. At the end of any arbitration, the arbitrator may award reasonable fees and costs or any portion thereof to you if you prevail, to the extent authorized by applicable law.
5. Although under some laws HUMAN app platform may have a right to an award of attorneys’ fees and non-filing fee expenses if it prevails in an arbitration, HUMAN app platform agrees that it will not seek such an award unless you are represented by an attorney or the arbitrator has determined that the claim is frivolous or brought for an improper purpose (as measured by the standards of Federal Rule of Civil Procedure 11(b)).
6. If the arbitrator issues you an award that is greater than the value of HUMAN app platform’s last written settlement offer made after you participated in good faith in the optional Negotiation process described in subsection (k) below, then HUMAN app platform will pay you the amount of the award or U.S. $1,000, whichever is greater.
(f) Location and Manner of Arbitration.
Unless you and HUMAN app platform agree otherwise, any arbitration hearings between HUMAN app platform and a Rider will take place in the county of your billing address, and any arbitration hearings between HUMAN app platform and a Driver will take place in the county in which the Driver provides Rideshare Services. If AAA arbitration is unavailable in your county, the arbitration hearings will take place in the nearest available location for a AAA arbitration. Your right to a hearing will be determined by the AAA Rules.
(g) Exceptions to Arbitration.
This Arbitration Agreement shall not require arbitration of the following types of claims: (1) small claims actions brought on an individual basis that are within the scope of such small claims court’s jurisdiction; (2) a representative action brought on behalf of others under PAGA or other private attorneys general acts, to the extent the representative PAGA Waiver in Section 17(c) of such action is deemed unenforceable by a court of competent jurisdiction under applicable law not preempted by the FAA; (3) claims for workers’ compensation, state disability insurance and unemployment insurance benefits; (4) claims that may not be subject to arbitration as a matter of generally applicable law not preempted by the FAA; and (5) individual claims of sexual assault or sexual harassment in connection with the use of the HUMAN app platform or Rideshare Services. Where these claims are brought in a court of competent jurisdiction, HUMAN app platform will not require arbitration of those claims. HUMAN app platform’s agreement not to require arbitration of these claims does not waive the enforceability of any other provision of this Arbitration Agreement (including without limitation the waivers provided in Section 17(b)), or of the enforceability of this Arbitration Agreement as to any other dispute, claim, or controversy.
Nothing in this Arbitration Agreement prevents you from making a report to or filing a claim or charge with the Equal Employment Opportunity Commission, U.S. Department of Labor, Securities Exchange Commission, National Labor Relations Board (‘NLRB’), or Office of Federal Contract Compliance Programs, or similar local, state or federal agency, and nothing in this Arbitration Agreement shall be deemed to preclude or excuse a party from bringing an administrative claim before any agency in order to fulfill the party’s obligation to exhaust administrative remedies before making a claim in arbitration. However, should you bring an administrative claim, you may only seek or recover money damages of any type pursuant to this Arbitration Provision, and you knowingly and voluntarily waive the right to seek or recover money damages of any type pursuant to any administrative complaint, except for a complaint issued by the NLRB. Should you participate in an NLRB proceeding, you may only recover money damages if such recovery does not arise from or relate to a claim previously adjudicated under this Arbitration Provision or settled by you. Similarly, you may not recover money damages under this Arbitration Provision if you have already adjudicated such claim with the NLRB. Nothing in this Agreement or Arbitration Agreement prevents your participation in an investigation by a government agency of any report, claim or charge otherwise covered by this Arbitration Provision.
In addition to the severability provisions in subsections (b) and (c) above, in the event that any portion of this Arbitration Agreement is deemed illegal or unenforceable under applicable law not preempted by the FAA, such provision shall be severed and the remainder of the Arbitration Agreement shall be given full force and effect.
(i) Driver Claims in Pending Settlement.
If you are a member of a putative class in a lawsuit against HUMAN app platform involving Driver Claims and a Motion for Preliminary Approval of a Settlement has been filed with the court in that lawsuit prior to this Agreement’s effective date (a ‘Pending Settlement Action’), then this Arbitration Agreement shall not apply to your Driver Claims in that particular class action. Instead, your Driver Claims in that Pending Settlement Action shall continue to be governed by the arbitration provisions contained in the applicable Agreement that you accepted prior to this Agreement’s effective date.
(j) Opting Out of Arbitration for Driver Claims That Are Not In a Pending Settlement Action.
As a Driver or Driver applicant, you may opt out of the requirement to arbitrate Driver Claims defined in Section 17(e)(3) (except as limited by Section 17(i) above) pursuant to the terms of this subsection if you have not previously agreed to an arbitration provision in HUMAN app platform’s Terms of Service where you had the opportunity to opt out of the requirement to arbitrate. If you have previously agreed to such an arbitration provision, you may opt out of any revisions to your prior arbitration agreement made by this provision in the manner specified below, but opting out of this arbitration provision has no effect on any previous, other, or future arbitration agreements that you may have with HUMAN app platform. If you have not previously agreed to such an arbitration provision and do not wish to be subject to this Arbitration Agreement with respect to Driver Claims, you may opt out of arbitration with respect to such Driver Claims, other than those in a Pending Settlement Action, by notifying HUMAN app platform in writing of your desire to opt out of arbitration for such Driver Claims, which writing must be dated, signed and delivered by electronic mail to firstname.lastname@example.org.
Cases have been filed against HUMAN app platform and may be filed in the future involving Driver Claims. You should assume that there are now, and may be in the future, lawsuits against HUMAN app platform alleging class, collective, and/or representative Driver Claims in which the plaintiffs seek to act on your behalf, and which, if successful, could result in some monetary recovery to you. But if you do agree to arbitration of Driver Claims with HUMAN app platform under this Arbitration Agreement, you are agreeing in advance that you will bring all such claims, and seek all monetary and other relief, against HUMAN app platform in an individual arbitration, except for the Driver Claims that are part of a Pending Settlement Action. You are also agreeing in advance that you will not participate in, or seek to recover monetary or other relief, for such claims in any court action or class, collective, and/or representative action. You have the right to consult with counsel of your choice concerning this Arbitration Agreement and you will not be subject to retaliation if you exercise your right to assert claims or opt-out of any Driver Claims under this Arbitration Agreement.
(k) Optional Pre-Arbitration Negotiation Process.
Before initiating any arbitration or proceeding, you and HUMAN app platform may agree to first attempt to negotiate any dispute, claim or controversy between the parties informally for 30 days, unless this time period is mutually extended by you and HUMAN app platform. A party who intends to seek negotiation under this subsection must first send to the other a written notice of the dispute (‘Notice’). The Notice must (1) describe the nature and basis of the claim or dispute; and (2) set forth the specific relief sought. All offers, promises, conduct and statements, whether oral or written, made in the course of the negotiation by any of the parties, their agents, employees, and attorneys are confidential, privileged and inadmissible for any purpose, including as evidence of liability or for impeachment, in arbitration or other proceeding involving the parties, provided that evidence that is otherwise admissible or discoverable shall not be rendered inadmissible or non-discoverable as a result of its use in the negotiation.
You agree not to use any technical, financial, strategic and other proprietary and confidential information relating to HUMAN app platform’s business, operations and properties, information about a User made available to you in connection with such User’s use of the Platform, which may include the User’s name, pick-up location, contact information and photo (‘Confidential Information’) disclosed to you by HUMAN app platform for your own use or for any purpose other than as contemplated herein. You shall not disclose or permit disclosure of any Confidential Information to third parties, and you agree not to store separate and outside of the HUMAN app platform Platform any User Information obtained from the HUMAN app platform Platform. As a Driver, you understand that some of Rider Information you receive may be protected by federal and/or state confidentiality laws, such as the Health Information Portability and Accountability Act of 1996 (‘HIPAA’), governing the privacy and security of protected (patient) health information. In the event that you know a Rider, you should not disclose to anyone the identity of the Rider or the location that you picked up, or dropped of the Rider as this could violate HIPAA. You understand that any violation of the Agreement’s confidentiality provisions may violate HIPAA or state confidentiality laws and could result in civil or criminal penalties against you. You agree to take all reasonable measures to protect the secrecy of and avoid disclosure or use of Confidential Information of HUMAN app platform in order to prevent it from falling into the public domain. Notwithstanding the above, you shall not have liability to HUMAN app platform with regard to any Confidential Information which you can prove: was in the public domain at the time it was disclosed by HUMAN app platform or has entered the public domain through no fault of yours; was known to you, without restriction, at the time of disclosure, as demonstrated by files in existence at the time of disclosure; is disclosed with the prior written approval of HUMAN app platform; becomes known to you, without restriction, from a source other than HUMAN app platform without breach of this Agreement by you and otherwise not in violation of HUMAN app platform’s rights; or is disclosed pursuant to the order or requirement of a court, administrative agency, or other governmental body; provided, however, that You shall provide prompt notice of such court order or requirement to HUMAN app platform to enable HUMAN app platform to seek a protective order or otherwise prevent or restrict such disclosure.
19. Relationship with HUMAN app platform
As a Driver on the HUMAN app platform, you acknowledge and agree that you and HUMAN app platform are in a direct business relationship, and the relationship between the parties under this Agreement is solely that of independent contracting parties. You and HUMAN app platform expressly agree that (1) this is not an employment agreement and does not create an employment relationship between you and HUMAN app platform; and (2) no joint venture, franchisor-franchisee, partnership, or agency relationship is intended or created by this Agreement. You have no authority to bind HUMAN app platform, and you undertake not to hold yourself out as an employee, agent or authorized representative of HUMAN app platform.
HUMAN app platform does not, and shall not be deemed to, direct or control you generally or in your performance under this Agreement specifically, including in connection with your provision of Rideshare Services, your acts or omissions, or your operation and maintenance of your vehicle. You retain the sole right to determine when, where, and for how long you will utilize the HUMAN app platform. You retain the option to accept or to decline or ignore a Rider’s request for Rideshare Services via the HUMAN app platform, or to cancel an accepted request for Rideshare Services via the HUMAN app platform, subject to HUMAN app platform’s then-current cancellation policies. With the exception of any signage required by law or permit/license rules or requirements, HUMAN app platform shall have no right to require you to: (a) display HUMAN app platform’s names, logos or colors on your vehicle(s); or (b) wear a uniform or any other clothing displaying HUMAN app platform’s names, logos or colors. You acknowledge and agree that you have complete discretion to provide Rideshare Services or otherwise engage in other business or employment activities.
20. Other Services
You understand that the Other Services are subject to the terms and pricing of the 3rd party provider. If you choose to purchase Other Services through the HUMAN app platform, you authorize HUMAN app platform to charge your payment method on file according to the pricing terms set by the 3rd party provider. You agree that HUMAN app platform is not responsible and may not be held liable for the Other Services or the actions or omissions of the 3rd party provider. Such Other Services may not be investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Other Services accessed through the HUMAN app platform.
Except as provided in Section 17, this Agreement shall be governed by the laws of the State of California without regard to choice of law principles. This choice of law provision is only intended to specify the use of California law to interpret this Agreement and is not intended to create any other substantive right to non-Californians to assert claims under California law whether by statute, common law, or otherwise. If any provision of this Agreement is or becomes invalid or non-binding, the parties shall remain bound by all other provisions of this Agreement. In that event, the parties shall replace the invalid or non-binding provision with provisions that are valid and binding and that have, to the greatest extent possible, a similar effect as the invalid or non-binding provision, given the contents and purpose of this Agreement. You agree that this Agreement and all incorporated agreements may be automatically assigned by HUMAN app platform, in our sole discretion by providing notice to you. Except as explicitly stated otherwise, any notices to HUMAN app platform shall be dated, signed and delivered by electronic mail to email@example.com. Any notices to you shall be provided to you through the HUMAN app platform or given to you via the email address or physical you provide to HUMAN app platform during the registration process. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. The words ‘include’, ‘includes’ and ‘including’ are deemed to be followed by the words ‘without limitation’. A party’s failure to act with respect to a breach by the other party does not constitute a waiver of the party’s right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between you and HUMAN app platform with respect to the subject matter hereof and supersedes all previous understandings and agreements between the parties, whether oral or written.