Terms and Conditions for Users in the USA

Last updated: September 8, 2023

PLEASE READ THIS AGREEMENT CAREFULLY. IT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF OUR SERVICES.

These terms and conditions are a legal contract (the "Agreement") between Superpedestrian, Inc. (and its parents, subsidiaries, affiliates, successors and assigns) (collectively, "the Company", "we" or "us") and You ("Rider," "you," or "your") (acting for all of Rider's family, heirs, agents, affiliates, representatives, successors, and assigns).

These terms and conditions govern your use of, and explain how you are permitted to use, our services, which include, among other things, (1) the Superpedestrian/LINK mobile application ("Superpedestrian App") and our related Company websites, including https://www.link.city/ and https://www.superpedestrian.com, as well as all of our associated internet and online properties (either linked by us and/or our affiliated companies) (all mobile applications and virtual properties, collectively the "Site"), (2) rental of our electric vehicles ("Vehicle" or "Vehicles") such as scooters, and (3) any and all text, data, information, software, graphics, images, proprietary content and more (all of which we refer to as "Materials") that we and/or our affiliates may make available to you (all of the above, collectively, "the Services"). These terms and conditions include our rental terms for the Vehicles, as well as a Waiver of Liability and Release from you as a Rider or user of our Services. All of these terms and conditions are referred to collectively as the "Agreement".

USING THE SERVICES PROVIDED BY THE COMPANY INDICATES THAT YOU HAVE BOTH READ AND ACCEPTED THIS AGREEMENT. IF YOU DO NOT AGREE WITH THIS AGREEMENT, DO NOT ACCESS OR OTHERWISE USE OUR SERVICES, INCLUDING OUR RENTAL SCOOTERS OR OTHER VEHICLES.

IMPORTANT: THIS AGREEMENT SIGNIFICANTLY ALTERS YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THIS AGREEMENT CONTAINS RELEASES, DISCLAIMERS, AND ASSUMPTION-OF-RISK PROVISIONS, AND A BINDING ARBITRATION AGREEMENT (INCLUDING A CLASS ACTION WAIVER) THAT AFFECT YOUR RIGHTS. DEPENDING ON YOUR JURISDICTION, SOME PROVISIONS MAY NOT APPLY TO YOU.

1. GENERAL RENTAL AND USE OF VEHICLE

The Company expressly agrees to let, and the Rider expressly agrees to take on, rental of Vehicles subject to the following terms and conditions:

1.1 RIDER IS SOLE USER

The Company and the Rider are the only parties to this Agreement. You are the sole renter and are solely responsible for compliance with all terms and conditions contained herein. You understand that when you activate a Vehicle for rent, the Vehicle must be used only by you. You must not allow others to use a Vehicle that you have activated for rent, including any persons under the age of 18 years old, such as your children, and you must not allow any other person to ride with you on a Vehicle. If you choose to host a Group Ride, you agree to abide by the Host Agreement presented at the time of the Group Ride and to ensure that each guest you add to your Group Ride has separately agreed to these Terms and Conditions through the submission of the guest's valid phone number in the App.

1.2 RIDER IS AT LEAST 18 YEARS OLD

Rider represents and certifies that Rider is at least 18 years old and will not allow any other person under 18 years of age to ride a Vehicle rented through Rider's account. If you choose to host a Group Ride, you agree to ensure that each guest you add to your Group Ride is at least 18 years of age, as set forth in hte Host Agreement presented at the time of the Group Ride.

1.3 RIDER IS A COMPETENT VEHICLE OPERATOR

You represent and certify that you are familiar with the operation of the Vehicle, are competent and physically fit to ride the Vehicle, and have reviewed the safety materials provided in the Superpepestrian App and/or Company websites. By choosing to ride a Vehicle, you assume all responsibilities and risks for any injuries or medical conditions. You are responsible for determining whether conditions, including, without limitation, rain, fog, snow, hail, ice, heat or electrical storms, make it dangerous to operate a Vehicle. You are advised to adjust your riding behavior and braking distance to suit the weather, visibility, surrounding environment, and traffic conditions.

1.4 VEHICLE IS THE EXCLUSIVE PROPERTY OF THE COMPANY

Rider agrees that the Vehicle and any equipment attached thereto remain, at all times, the exclusive property of the Company. You must not dismantle, write on, or otherwise modify, repair or deface a Vehicle, any part of a Vehicle, or other related equipment in any way. You must not write on, peel, or otherwise modify or deface any sticker on a Vehicle in any way. You must not use a Vehicle, or other Company equipment, for any advertising or other commercial purpose without the express written permission of the Company.

1.5 VEHICLE OPERATING HOURS AND VEHICLE AVAILABILITY

Rider acknowledges that the Vehicles are not available 24 hours a day, 7 days/week, 365 days per year. Vehicles must be rented during operating hours (as set forth in the Superpedestrian App) and within the maximum rental time limits set forth herein. The number of Vehicles available to rent in a city is limited, and Vehicle availability is never guaranteed. Rider acknowledges that the Company may terminate a ride at any time.

1.6 OPERATING AREA

Rider agrees not to use, operate, and/or ride the Vehicle in any no-ride zone and further agrees not to transport the Vehicle outside of permitted service areas.

1.7 RIDER MUST FOLLOW LAWS REGARDING USE AND/OR OPERATION OF VEHICLE

Rider agrees to follow all laws pertaining to the use, riding, parking, charging, and/or operation of the Vehicle, including all federal, state, and local laws, and the rules and regulations pertaining to Vehicles in the area where you are operating the Vehicle, including any helmet laws. Rider also agrees to act with courtesy and respect toward others while using the Services.

1.8 PROHIBITED ACTS WHILE USING THE VEHICLE

Without limitation, Rider agrees to the following prohibitions and will refrain from:

operating a Vehicle while carrying or holding a briefcase, backpack, bag, or other item that can alter balance, add extra weight, or impair safe operation of the Vehicle -- carrying such items is at your own peril;
placing any objects on the handlebar of the Vehicle, such as backpacks or bags;
using any cellular telephone, text messaging device, portable music player, or other device while riding a Vehicle that may distract you from operating the Vehicle safely;
operating a Vehicle while under the influence of any alcohol, drugs, medication, or other substance that may impair your ability to operate a Vehicle safely;
carrying a second person or child on a Vehicle;
using any locking mechanism other than one provided with the Vehicle;
parking in a prohibited parking spot, including on unauthorized private property, in a locked area, blocking the right of way, or in any other unapproved non-public space.
parking the Vehicle in a heavily trafficked area where it may impede traffic or is in danger of being knocked down; and
parking the Vehicle where it is not visible or is tipped over and not in an upright position using the kickstand.

1.9 VEHICLE IS INTENDED FOR ONLY LIMITED TYPES OF USE

You agree not to use the Vehicle for racing, mountain riding, or stunt or trick riding, including for example riding the scooter down stairs or jumping off curbs or other heights. Rider agrees that he/she will not operate and/or use the Vehicle on unpaved roads, through water, or in any location that is prohibited, illegal, and/or a nuisance to others. Rider agrees that he/she will not use the Vehicle for hire or reward, nor use it in violation of any law, ordinance or regulation.

1.10 WEIGHT AND CARGO LIMITS

You must not exceed the maximum weight limit for the Vehicle (297 pounds unless otherwise indicated).

1.11 NO TAMPERING; NO UNAUTHORIZED USE

You must not tamper with, attempt to gain unauthorized access to, or otherwise use the Vehicle or Services other than as specified in this Agreement.

1.12 REPORTING OF DAMAGE OR CRASHES; TRAFFIC VIOLATIONS AND ENFORCEMENT; INSURANCE

You must report any accident, crash, damage, personal injury, traffic violation, or stolen or lost Vehicle to the Company as soon as possible. If a crash involves personal injury, property damage, or a stolen Vehicle, Rider shall file a report with the local police department within 24 hours. Rider agrees that he/she is responsible and liable for any misuse, consequences, claims, demands, causes of action, losses, liabilities, damages, injuries, costs and expenses, penalties, attorney's fees, judgments, suits or disbursements of any kind or nature whatsoever related to a stolen or lost Vehicle.

YOUR HOMEOWNER'S, RENTER'S, OR AUTOMOBILE INSURANCE POLICIES MIGHT NOT PROVIDE COVERAGE FOR ACCIDENTS INVOLVING THE USE OF THIS DEVICE. TO DETERMINE IF COVERAGE IS PROVIDED YOU SHOULD CONTACT YOUR INSURANCE COMPANY OR AGENT.

YOU UNDERSTAND AND AGREE THAT YOU ARE NOT A BENEFICIARY OF THE COMPANY'S INSURANCE POLICIES AND THOSE POLICIES MAY NOT COVER OR APPLY TO YOU OR TO ANY INJURY, DAMAGE, OR LOSS YOU MAY SUSTAIN, CAUSE TO OTHERS, OR INCUR RELATING TO OR ARISING FROM AN ACCIDENT INVOLVING A VEHICLE.

IF YOU RENT A SUPERPEDESTRIAN VEHICLE IN THE STATE OF CALIFORNIA, THE FOLLOWING LIMITED LIABILITY INSURANCE WILL COVER INJURY OR DAMAGES YOU CAUSE TO PEDESTRIANS UP TO $10,000 FOR BODILY INJURY AND $1000 FOR PROPERTY DAMAGE TO AN ASSISTIVE TECHNOLOGY DEVICE. FOR MORE INFORMATION REGARDING THIS INSURANCE, PLEASE REVIEW OUR INSURANCE PAGE HERE. THIS CALIFORNIA INSURANCE DOES NOT PROVIDE ANY INSURANCE TO YOU FOR PERSONAL INJURIES OR DAMAGES YOU MAY INCUR AS A RIDER.

1.13 RIDER RESPONSIBILITY FOR VEHICLE USE AND DAMAGE

Rider agrees to return the Vehicle in the same condition in which it was rented. Rider will not be responsible for normal wear and tear.

1.14 ELECTRIC VEHICLE

The Vehicle is an electric Vehicle that requires periodic charging of its battery in order to operate. Rider agrees to use and operate the Vehicle safely and prudently in light of the Vehicle being an electric vehicle and all of the limitations and requirements associated therewith. Rider understands and agrees with each of the following:

The level of charge power remaining in the Vehicle will decrease with use of the Vehicle (over both time and distance), and that as the level of charge power of the Vehicle decreases, the speed and other operational capabilities of the Vehicle may decrease (or cease in their entirety).
The level of charging power in the Vehicle at the time Rider initiates the rental or operation of the Vehicle is not guaranteed and will vary with each rental use.
The rate of loss of charging power during the use of the Vehicle is not guaranteed and will vary based on the Vehicle, road conditions, road elevation changes, weather conditions, and other factors.
The distance and/or time that Rider may operate the Vehicle before it loses charging power is never guaranteed.
The Vehicle may run out of charging power and cease to operate at any time during Rider's rental of the Vehicle, including before reaching Rider's desired destination.

1.15 NO CHARGING OF VEHICLE

If the Vehicle runs out of charging power during a rental, or if the battery indicator on the handlebars turns red, Rider shall conclude the ride in compliance with all terms of this Agreement. Rider shall not attempt to charge the Vehicle.

Rider agrees that he/she is responsible and liable for any misuse, consequences, claims, demands, causes of action, losses, liabilities, property or fire or other damages, injuries, costs, and expenses, penalties, attorney's fees, judgments, suits, or disbursements of any kind or nature whatsoever related to Rider charging or attempting to charge the Vehicle. By choosing to charge a Vehicle, Rider assumes full and complete responsibility for all related risks, dangers, and hazards, and Rider agrees that the Company and all other Released Persons (defined below) are not responsible for any injury, damage, or cost caused by Rider with respect to any person or property, including the Vehicle itself, directly or indirectly related to the charging of the Vehicle.

1.16 MOBILE DEVICE REQUIREMENTS AND ACTIVE INTERNET CONNECTION

To rent a Vehicle, you must use a smartphone or any other (mobile) device that meets the technical requirements for and is compatible with the Superpedestrian App. Certain functions of the Superpedestrian App, such as the possibility to sign up to ride, and to unlock, rent and end the rental of the Vehicle, require that the Superpedestrian App has an active network connection and that location services are enabled on your device. You are responsible for the availability and costs of your mobile data communication services. You are also responsible for ensuring that your mobile device has adequate battery capacity. The Company shall not be responsible if you are unable to unlock, use or end the ride of the Vehicle as a result of lost or interrupted network connection, mobile device malfunction, or depleted battery. You shall remain responsible for and the Company may charge you for all costs (including rental fees) incurred until the ride is ended.

2. PAYMENT AND FEES

2.1 FEES AND FINES

Rider may use the Vehicle in accordance with the pricing described in the Superpedestrian App, which may include a ride start fee, fees based on distance or time (with time rounded up to the nearest minute), and/or a required minimum fee or other service fees, or Rider may purchase a subscription or pass plan if available and pay a subscription or pass fee (collectively "Fees"). Pricing is subject to change. In each case, Fees and other charges may be subject to applicable taxes and other local government charges, which may be charged and collected by the Company. The Rider will be charged (through a credit or debit card or through another agreed payment method) the amount of the Fees as described in this Agreement, including any recurring payments if required by a subscription or pass plan you select in the Superpedestrian App. Subscription or pass plans and related Fees are set forth in the Superpedestrian App, along with additional terms and conditions that may apply. If you host a Group Ride, the Fees for each guest added to your Group Ride will also be charged to the payment card on your account, as set forth in the Host Agreement presented at the time of the Group Ride.

Rental time will be calculated from the moment of unlocking the Vehicle through the Superpedestrian App until the Rider receives the confirmation through the Superpedestrian App that the ride has been ended. If you end the ride incorrectly, this may result in the ride not being terminated. If the ride is not ended properly, the ride will continue and the Rider will continue to be charged. If you have technical issues terminating a ride for any reason, you should report this through the Superpedestrian App immediately. Failure to report an issue in terminating a ride may result in continued charges.

Rider agrees that the Company may, at its sole discretion, pay all tickets, citations, fines, court costs, penalties and interest (collectively, "Fines") attributable to Rider's use of the Vehicle, on Rider's behalf, directly to the appropriate authority or their authorized agent. Rider authorizes the Company or its agent to bill the payment card provided by Rider on his/her account to pay any Fines or reimburse the Company for Fines paid on Rider's behalf. Rider may also be charged a reasonable administrative fee to offset the Company's costs to pay Fines, enforce this Agreement or recover the Vehicle.

Without advance notice to Rider, we may impose reasonable penalties for Rider's misuse of the Vehicle or other violation of the terms of this Agreement, independent of and in addition to any Fines assessed by an authority or authorized agent, including fees for misparked scooters and vandalism to a Vehicle, as set forth in the Tariff Plan, and suspension or permanent termination of Rider's account ("Penalties"). Rider agrees that the Company may bill the payment card provided by Rider on their account to pay any Penalties incurred by the Rider or any guests the Rider has added to a Group Ride.

If you are unable to return a Vehicle to a valid area (i.e., you deactivate the Vehicle on private property, a locked community, a no-ride or no-park zone, or another unreachable area), such that the Vehicle must be picked up by the Company, we may in our sole discretion, charge you a pick-up fee. If any Vehicle accessed under your account is abandoned without notice, you will be responsible for all trip fees until the Vehicle is recovered and deactivated, plus a service charge to recover the Vehicle. Fees are subject to change.

Rider authorizes the Company to release Rider's personal information and payment card information regarding Rider's rental to any third-party collection agent for the purpose of contacting Rider and/or billing Rider for any unpaid Fees or Fines incurred by Rider, or assessed against the Company or the Vehicle during Rider's rental. In the event a third party collection service or agent is used to resolve any unpaid Fees or Fines, Rider agrees to pay all costs and collection fees including but not limited to administrative and legal costs to such agent upon demand without protest. Where a Fine is paid, Rider acknowledges that Rider has no rights to contest any infractions or enter any plea other than guilty or no contest unless the Company consents to Rider's action, provided that the penalty for the infraction is only the payment of money and does not involve any other administrative, civil, or criminal penalty. Rider agrees to indemnify and hold the Company and its authorized agents harmless for any such Fines and associated administrative fees.

Rider agrees and acknowledges that the Company cooperates with all federal, state/provincial, municipal and local officials to provide any information about the use of the Services that is validly requested or otherwise legally required, including information in connection with possible criminal or civil charges being investigated by law enforcement.

2.2 MAXIMUM RENTAL TIME AND CHARGES

The maximum rental time is 24 hours, or until the end of operating hours (as set forth in the Superpedestrian App), whichever comes first. Rider agrees that Rider will deactivate the Vehicle rental within no more than 24 hours of renting a Vehicle. If the end of operating hours occurs first, we may deactivate the Vehicle remotely. Rider may then rent again during operating hours or for an additional 24 hour period. Rider is solely responsible for being aware of the length of any elapsed ride time. The maximum charge for a 24-hour period of time is $350. After return of the Vehicle, Rider will be charged the accumulated rental charges, or the maximum day charge, whichever is less. Vehicles not returned by terminating the ride in the Superpedestrian App within 24 hours will be considered lost or stolen, and Rider may be charged up to the value of the Vehicle plus administrative and processing fees. The Company may also charge additional service fees for rentals in excess of 24 hours where the Vehicle is not lost or stolen.

2.3 REFERRAL AND/OR PROMOTIONAL CODES; WALLET FUNDS

The Company may, in its sole discretion, create referral and/or promotional codes ("Promo Codes") that may be used for discounts or credits on our Services or other features or benefits, subject to any additional terms established by the Company. Promo Codes will be automatically calculated by the Superpedestrian App. You agree that Promo Codes: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold or transferred in any manner; (iii) may be disabled at any time for any reason without liability to the Company; (iv) may only be used pursuant to the specific terms established for such Promo Code; (v) are not valid for cash; (vi) may be subject to quantity or value limits; and (vii) may expire prior to your use. The Company reserves the right to withhold or deduct credits or other features or benefits obtained through the use of the referral system or Promo Codes by you or any other user in the event the Company determines or believes that the use of the referral system or use or redemption of the Promo Code was in error, fraudulent, illegal, or otherwise in violation of this Agreement or specific terms applicable to such Promo Codes.

The Superpedestrian App includes a "Wallet" feature that allows you to add funds to your account in the Superpedestrian App and store those funds for future use of our Services. From time to time, in our sole discretion, the Superpedestrian App may offer a credit to your Wallet account (the "Bonus Credits") as an incentive for you to add funds to the Wallet. You understand and agree that Bonus Credits (i) may be used only to pay for our Services within the Superpedestrian App; (ii) may not be transferred or sold in any manner; (iii) are not electronic money or an investment of any kind, are not personal property, have no cash value, and may not be withdrawn or refunded; (iv) may be consumed in advance of other Wallet funds, or held back until other Wallet funds have been consumed, in our sole discretion; and (v) may be deleted from the Wallet without compensation or refund if your Superpedestrian account is suspended or terminated in accordance with this Agreement. If your account is terminated while you have funds in your Wallet on the Superpedestrian App and those funds were paid for by you and not provided as free Promo Codes or Bonus Credits or similar program provided by the Company, then the Company will provide a refund of those outstanding amounts in the Wallet using the payment method on file in the Superpedestrian App.

2.4 VALID PAYMENT METHOD

To be registered to ride our Vehicles, Rider must provide a valid credit, debit card, or prepaid card number and expiration date or other valid payment method information through the Superpedestrian App. We accept all major credit and debit cards. Rider represents and warrants that Rider is authorized to use any credit, debit, or prepaid card or other payment method information Rider furnishes through the Superpedestrian App. By providing your payment method, you agree that the Company is authorized to charge you for your ride and any other Fees or Fines incurred by Rider under this Agreement, including all applicable governmental and regulatory charges, applicable sales and other taxes, and to reimburse us for all collection costs and interest for any overdue amounts. You also agree and consent to our use of third-party payment service providers for billing, verifying, and processing payments.

When you provide a payment method, our system will attempt to verify the information you entered. We do this by processing an authorization hold to ensure the payment method is valid and available for use on the account. If your payment method expires and you do not update your information or cancel your account, you authorize us to continue billing, and you will remain responsible for any uncollected amounts. We reserve the right to retry billing all payment method(s) on file after any failed billing attempt. You will remain liable for all such amounts and all costs incurred in connection with the collection of these amounts, including, without limitation, bank overdraft fees, collection agency fees, reasonable attorneys' fees, and arbitration or court costs.

If Rider disputes any charge on Rider's payment method, then Rider must contact us within 10 business days from the end of the month with the disputed charge, and provide us with all trip information that is necessary to identify the disputed charge, such as the date of the trip and the approximate starting and ending times of the ride associated with the disputed charge. Rider agrees to immediately inform us of all changes relating to the payment method by making updates in the Superpedestrian App. If you have agreed to make automatic or recurring payments, such payments will continue until you cancel or your account is terminated. You can cancel by following the instructions on the Superpedestrian App.

3. ADDITIONAL TERMS FOR USE OF THE VEHICLE

3.1 SAFETY CHECK

Before each use of a Vehicle, Rider shall conduct a basic safety inspection of the Vehicle, which includes inspecting the following: (i) trueness of the wheels; (ii) safe operation of all brakes and lights; (iii) good condition of the frame; (iv) sufficient battery charge power; and (iv) any sign of damage, unusual or excessive wear, or other open and obvious mechanical problem/maintenance need. Rider agrees not to ride the Vehicle if there are any noticeable issues, and to immediately notify customer service via the Superpedestrian App or by emailing us at support@superpedestrian.com to alert us of any problems.

3.2 LOST OR STOLEN VEHICLE

A Vehicle may be deemed lost or stolen if (a) the Vehicle is not returned within 10 consecutive hours, (b) the Vehicle's GPS unit is disabled, (c) the Vehicle is parked on unauthorized private property, in a locked area, or in any other non-public space for more than ten minutes after a ride ends, (d) the Vehicle moves more than thirty feet after a rental has ended and we believe such movement was not caused by another Rider or authorized third party, or (e) other facts and circumstances that suggest to the Company in its reasonable, good faith determination that a Vehicle has been lost or stolen. You agree that the last Rider of a Vehicle shall be responsible for a lost or stolen Vehicle unless facts and circumstances suggest otherwise to the Company in its reasonable, good faith determination. If the Company deems a Vehicle lost or stolen, we shall have the authority to take any and all actions we deem appropriate (with respect to the last Rider of a Vehicle or otherwise), including (without limitation) obtaining restitution and other appropriate compensation and damages and filing a police report with local authorities. Rider agrees the data generated by the Company's computer systems are conclusive evidence of the period of use of a Vehicle by a Rider. Rider agrees to report Vehicle disappearance or theft immediately or as soon as possible.

3.3 HELMETS; SAFETY

We strongly recommend that all Riders wear a Snell, CPSC, ANSI or ASTM approved helmet that has been properly sized, fitted, and fastened according to the manufacturer's instructions. The Company and all other Released Persons (defined below) do not represent or warrant the quality or safety characteristics of any helmet, and Rider agrees that none of the Released Persons is liable for any injury suffered by Rider while using any of our Services, whether or not Rider is wearing a helmet at the time of injury. Rider assumes all risk of not wearing a helmet or other protective gear. Rider may need to take additional safety measures or precautions not specifically addressed in this Agreement.

3.4 VEHICLE ROUTES

Rider agrees that the Company does not provide or maintain places to ride Vehicles, and does not guarantee that there will always be a safe place to ride a Vehicle. Rider must comply with all applicable regulations and rules regarding where Vehicles may or may not be operated. If Rider does not believe there is a safe place to ride the Vehicle, or if conditions become hazardous, Rider should end the Vehicle rental and park the Vehicle as required under this Agreement. Roads, sidewalks, vehicle lanes, and vehicle routes may become dangerous due to weather, traffic, or other hazards.

3.5 LIMITATIONS ON VEHICLE RENTAL

Rider agrees that the Company is not a common carrier. Alternative means of public and private transportation are available to the general public and to Rider individually, including public buses and rail service, taxis, and pedestrian paths. The Company provides Vehicles only as a convenience, and such rental availability is intended to be used only by those persons who are able and qualified to operate a Vehicle on their own and who have agreed to all terms and conditions of this Agreement.

4. TERMINATION

The Company may unilaterally terminate Rider's right to use the Services at any time, in its sole discretion, without any notice or cause, and without Rider's consent. Rider may terminate Rider's use of the Services at any time; provided, however, that (i) the term of this Agreement continues in accordance with this Agreement, and (ii) Rider may still be charged any applicable Fees or Fines in accordance with this Agreement. This Agreement remains in full force and effect, in accordance with its terms and conditions, after any termination of Rider's right to use any of the Services, regardless of how the Agreement is terminated.

Rider agrees that, in connection with or in lieu of terminating Rider's use of the Services, the Company can retake possession of any Vehicle at any time in our sole discretion for reasons that include, but are not limited to: if Rider abuses the Services, causes damage to the Vehicle, or otherwise violates the terms of this Agreement, if the Vehicle is found illegally parked, if the Vehicle is being used to violate the law, or if the Vehicle appears to be abandoned. Rider agrees that the Company need not notify Rider in advance of repossessing the Vehicle and that the Company may take any actions reasonably necessary to obtain possession of the Vehicle, including remotely disabling the Vehicle and tracking the Vehicle's location through GPS or other means. Rider agrees to pay or reimburse the Company for the actual and reasonable costs it incurs to repossess the Vehicle.

5. PRIVACY

You understand and agree that all personal information and data that is held by the Company and pertains to Riders, including all names, phone numbers, email addresses, payment information, trip and location information, device and other Rider information, will be kept by the Company in accordance with its privacy policy which is hereby incorporated by reference into this Agreement. Rider consents to the collection, use, storage, and disclosure of that information as described in the Company's privacy policy and this Agreement.

6. USERS

(a) Visitors. Visitors may browse the Site in accordance with this Agreement and no account is needed to view the Site.

(b) Registered Users and accounts. In order to access certain features of the Services, including to ride our Vehicles, you will be required to become a registered user through the Superpedestrian App. A registered user is a user who has registered an account with us (your “account”). By registering as a user, you represent that you are not barred from using the Services under this Agreement, the laws of the United States of America, your place of residence, or any other applicable jurisdiction.

(c) Registration Data. In registering for an account, you agree to (i) provide true, accurate, current, and complete information about yourself as prompted by the Superpedestrian App; and (ii) maintain and promptly update your account information to keep it true, accurate, current, and complete. You agree that all notices and communications between us will be sent to the mobile phone number, email address, or other contact information you provide. If you provide any information that is untrue, inaccurate, not current, or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of our Services (or any portion thereof) for breach. You agree not to create an account using a false identity or information. You agree that you shall not have more than one account at any given time. You agree not to register for an account on behalf of an individual other than yourself, or register for an account on behalf of any group or entity unless you are authorized to bind such person, group, organization, or entity to this Agreement. By registering another person, group, organization, or entity you hereby represent that you are authorized to do so. You agree not to create an account or use our Services if your account previously was terminated by the Company, or you have been previously removed or banned from any of our Services.

(d) Account Management. You are entirely responsible for maintaining the confidentiality of your account and for any and all activities which occur using your credentials or account. You agree to immediately notify us at support@superpedestrian.com of any unauthorized use of your account or the payment card provided with your account, or any other breach of security known to you.

7. LINKS TO THIRD PARTY SITES OR SERVICE PROVIDERS

We may provide links to third-party websites or resources. We may also offer certain services provided by our business partners. You agree and understand that such third-party websites or resources are subject to their own privacy policies and terms of use, that you are subject to those legal terms, and that we have no control over such websites and resources. You acknowledge and agree that we are not responsible for the availability of such websites or resources, and do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or inability to use (i) any sites or resources we link to on our Site, or (ii) any content, goods, or services available on or through any such sites or resources. We take no responsibility for third party advertisements which are posted on the Services, nor do we take any responsibility for the goods or services provided by advertisers. Your dealings with, or participation in promotions of, any third-party advertisers or providers of goods or services found on or through the Services and any terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third-party advertiser or provider. In no event shall any reference to any third party or third-party product or service be construed as our approval or endorsement of that third party or of any product or service provided by a third party.

8. SPECIAL PROVISIONS FOR MOBILE APPLICATIONS

(a) App Stores. You acknowledge and agree that the availability of the Superpedestrian App is dependent on the third party from whom you received the Superpedestrian App license, e.g., the Apple App Store or Google Play ("App Store"). You acknowledge that the Agreement is between you and the Company and not with the App Store. The Company and not the App Store is solely responsible for the Services, including the Superpedestrian App, the Materials, the maintenance thereof, and addressing any claims relating thereto (e.g., product liability, legal compliance or intellectual property infringement). In order to use the Superpedestrian App, you must have access to a wireless network, and you agree to pay all fees associated with such access. You also agree to pay all fees (if any) charged by the App Store in connection with the Superpedestrian Services. You agree to comply with, and your license to use the Superpedestrian App is conditioned upon your compliance with, all applicable third-party terms of agreement (e.g., the App Store's terms and policies) when using the Services, including the Superpedestrian App. You acknowledge that the App Store (and its subsidiaries) are third-party beneficiaries of the Agreement and will have the right to enforce them.

(b) Additional License Terms for use of our Services in conjunction with the Apple App Store. With respect to any Superpedestrian App accessed through or downloaded from the Apple App Store (an "App Store Sourced Application"), you will only use the App Stored Sourced Application (i) on an Apple-branded products that runs the iOS (Apple's proprietary operating system), and (ii) as permitted by the "Usage Rules" set forth in the Apple Terms of Service . The following applies to any App Store Sourced Application accessed through or downloaded from the Apple App Store:

You acknowledge and agree that (i) the Agreement is concluded between you and the Company only, and not Apple, and (ii) the Company, not Apple, is solely responsible for the App Store Sourced Application and content thereof. Your use of the App Store Sourced Application must comply with the App Store Terms of Service.
You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application.
In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App Store Sourced Application to you and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store Sourced Application. As between the Company and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of the Company.
Apple is not responsible for addressing any claims you have or any claims of any third party relating to the App Store Sourced Application or your possession and use of the App Store Sourced Application, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
In the event of any third-party claim that the App Store Sourced Application or your possession and use of that App Store Sourced Application infringes that third party's intellectual property rights, the Company, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by the Agreement.
Apple, and Apple's subsidiaries, are third-party beneficiaries of the Agreement as related to your license of the App Store Sourced Application, and that, upon your acceptance of the terms and conditions of the Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce the Agreement as related to your license of the App Store Sourced Application against you as a third-party beneficiary thereof.
Without limiting any other terms of the Agreement, you must comply with all applicable third-party terms of agreement when using the App Store Sourced Application.

(c) Additional License Terms for use of our Services in conjunction with the Android App Store . The following additional terms and conditions apply with respect to any Superpedestrian App that Superpedestrian provides to you designed for use on an Android-powered mobile device (an "Android App"):

You acknowledge that this Agreement are between you and the Company only, and not with Google, Inc. ("Google").
Your use of Superpedestrian's Android App must comply with Google's then-current Google Play Terms of Service .
Google is only a provider of the Android App market where you obtained the Android App. The Company, and not Google, is solely responsible for Superpedestrian's Android App and the services and content available thereon. Google has no obligation or liability to you with respect to Superpedestrian's Android App or this Agreement.
You acknowledge and agree that Google is a third-party beneficiary to the Agreement as they relate to Superpedestrian's Android App.

(d)Geo-Location Terms.The Superpedestrian App may include and/or make use of certain functionality and services provided by third-parties that allow the LINK App to include maps, geocoding, places and other content as part of the services (the "Geo-Location Services"). The Geo-Location Services may be provided by Google Inc., in which case your use of the Geo-Location Services will be subject to Google's then current Terms of Use for Google Maps/Google Earth . By using Google's Geo-Location Services, you are agreeing to be bound by Google's Terms of Use and the current Google privacy policy .

9. CHOICE OF LAW; DISPUTE RESOLUTION

This Agreement is governed by, and must be construed and enforced in accordance with, the laws of the Commonwealth of Massachusetts, excluding principles of conflicts of laws. For every dispute regarding this Agreement: (i) the prevailing party is entitled to its costs, expenses, and reasonable attorney fees (whether incurred at trial, on appeal, or otherwise) incurred in resolving or settling the dispute, in addition to all other damages or awards to which the party may be entitled; (ii) each party consents to the jurisdiction of the courts of the Commonwealth of Massachusetts and agrees that those courts have personal jurisdiction over each party; (iii) venue must be in Boston, Massachusetts.

10. BINDING ARBITRATION AND CLASS ACTION WAIVER

PLEASE READ THIS SECTION CAREFULLY -- IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

10.1 BINDING ARBITRATION

Support is available via the Superpedestrian App to address any concerns you may have regarding your use of a Vehicle, our Services, and/or this Agreement. The parties shall use their best efforts through this support process to settle any dispute, claim, question, or disagreement and engage in good faith negotiations which shall be a condition to either party initiating mediation, arbitration, or a lawsuit.

If the parties do not reach an agreed upon solution through the support process, then either party may initiate binding arbitration as the sole means to resolve claims, subject to the terms set forth below. Specifically, all claims arising out of or relating to the Services, including use and rental of a Vehicle, this Agreement, and the parties' relationship with each other shall be finally settled by binding arbitration administered by JAMS, or alternatively a mutually agreed upon arbitrator or arbitration service, under the applicable commercial arbitration rules for JAMS or the mutually agreed upon arbitration service, excluding any rules or procedures governing or permitting class actions.

The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of this Agreement, including, but not limited to any claim that all or any part of this Agreement are void or voidable, or whether a claim is subject to arbitration. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator's award shall be written, and binding on the parties and may be entered as a judgment in any court of competent jurisdiction.

To the extent the filing fee for the arbitration exceeds the cost of filing a lawsuit, the Company will pay the additional cost of the filing fee only. Each party shall bear its own costs for the arbitration, except to the extent that the arbitration rules permit a party to recover attorney's fees in certain cases. The parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court. The arbitration will take place in Boston, Massachusetts, or a mutually agreed upon location.

10.2 CLASS ACTION WAIVER

The parties further agree that any arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST THE COMPANY ONLY IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.

10.3 LITIGATION OF INTELLECTUAL PROPERTY AND SMALL CLAIMS COURT CLAIMS

Notwithstanding the parties' decision to resolve all disputes through arbitration, either party may bring an action in state or federal court to protect its intellectual property rights ("intellectual property rights" means patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights). Either party may also seek relief in a small claims court for disputes or claims within the scope of that court's jurisdiction.

For any dispute not subject to arbitration you and the Company agree to submit to the personal and exclusive jurisdiction of and venue in the federal and state courts located in Boston, Massachusetts. You further agree to accept service of process by mail, and hereby waive any and all jurisdictional and venue defenses otherwise available.

10.4 RIGHT TO OPT OUT

You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth above by sending written notice of your decision to opt-out to legal@superpedestrian.com. The notice must be sent within 30 days of the effective date of your account with us or your first use of the rental Vehicle Services, whichever is later, otherwise you shall be bound to arbitrate disputes in accordance with the terms of those paragraphs. If you opt-out of these arbitration provisions, the Company also will not be bound by them.

11. RELEASES; DISCLAIMERS; ASSUMPTION OF RISK

THIS SECTION CONTAINS IMPORTANT LIMITATIONS ON, AND EXCLUSIONS, WAIVERS, AND RELEASES OF, OUR LIABILITY TO YOU (INCLUDING IN RELATION TO OUR NEGLIGENCE), AND DESCRIBES YOUR ASSUMPTION OF RISK AND LIABILITY. PLEASE REVIEW IT CAREFULLY.

This section limits the liability of the following "Released Persons":

Superpedestrian, Inc., and any of its affiliates, parents, and subsidiaries, and all of their respective owners, managers, employees, contractors, officers, directors, shareholders, agents, representatives, successors, and assigns; and
To the fullest extent permitted by law, any Municipality (including its elected and appointed officials, officers, directors, managers, employees, agents, representatives, contractors, volunteers, successors and assigns) in which Rider utilizes the Services, including rental of Vehicles; and
To the fullest extent permitted by law, every property owner, operator, vendor, or service provider with whom the Company has contracted to operate the Services and all of such parties' owners, managers, affiliates, employees, contractors, officers, directors, shareholders, agents, representatives, successors and assigns

"Claims" means, collectively, any and all claims, injuries, demands, liabilities, disputes, causes of action (including statutory, contract, negligence, or other tort theories), proceedings, obligations, debts, liens, fines, charges, penalties, contracts, promises, costs, expenses (including attorney's fees, whether incurred at trial, on appeal, or otherwise), damages (including but not limited to, for personal injury, wrongful death, property damage, and injury to rider or to third parties, consequential, compensatory, or punitive damages), or losses (whether known, unknown, asserted, unasserted, fixed, conditional, or contingent) that arise from or relate to (a) any of the Services offered by the Company, including any of the Vehicles, placement, equipment, maintenance, related information, this Agreement or (b) Rider's use of (or inability to use) any of the foregoing.

Waiver, Release and Indemnity

In exchange for Rider being allowed to use our Services, Vehicles, and other equipment or Materials, Rider hereby:

fully waives any Claims that Rider has or may in the future have against any Released Person; and
agrees to fully release, indemnify, and hold harmless the Released Persons, as defined above, from liability for all Claims arising out of or in any way related to Rider's use of (or inability to use) the Company's Services, Vehicles, or related equipment, including, but not limited to, those Claims based on Released Persons' alleged sole or partial negligence, breach of contract, breach of express or implied warranty, and/or breach of any statutory or other duty of care, except for Claims based on Released Persons' gross negligence or willful misconduct. Such releases are intended to be general and complete releases of all Claims.

Disclaimer

To the fullest extent permitted by law, and as to Rider's use of any of the Company's Services, Vehicles, or related equipment, the Company and all other Released Persons disclaim all express and implied warranties, including warranties of merchantability and fitness for a particular purpose.

All of the Company's Services, Vehicles, and related equipment are provided "as is" and "as available," and Rider relies on them at Rider's own risk. No warranty is made by the Company on the basis of trade usage or course of dealing.

Limitations of Liability

To the fullest extent permitted by law:

IN NO EVENT SHALL THE COMPANY OR ANY OTHER RELEASED PERSON BE LIABLE FOR ANY CLAIM OR FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING ANY LOSS OF BUSINESS OR PROFIT, LOSS OF DATA, ‎PERSONAL INJURY OR PROPERTY DAMAGE‎) THAT RESULT FROM THE USE OF OR INABILITY TO USE THE SERVICES, VEHICLES, OR OTHER EQUIPMENT PROVIDED BY THE COMPANY, EVEN IF ANY OF THE RELEASED PERSONS HAVE BEEN ADVISED OF THE ‎POSSIBILITY OF SUCH CLAIM OR LOSS OR DAMAGES.

IF, DESPITE THE OTHER LIMITATIONS AND DISCLAIMERS OF LIABILITY IN THIS AGREEMENT, ANY RELEASED PERSON IS FOUND TO BE LIABLE IN RELATION TO THE SERVICES, VEHICLES OR OTHER EQUIPMENT PROVIDED BY THE COMPANY, OR OTHERWISE UNDER THIS AGREEMENT, THEN EXCEPT WITH RESPECT TO OUR GROSS NEGLIGENCE OR WILFUL MISCONDUCT IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE RELEASED PERSONS EXCEED THE LESSER OF: (I) ANY FEES PAID BY YOU TO COMPANY, AND (II) $100.

Assumption of Risk

Rider is aware that Rider's use of any of the Services, Vehicles, and related equipment involves obvious and not-so-obvious risks, dangers, and hazards that may result in injury or death to Rider or others and damage to property, and that such risks, dangers, and hazards cannot always be predicted or avoided. Risks, dangers, and hazards, include, but are not limited to:

collisions with vehicles and other objects or obstacles;
interactions with pedestrians;
hazards from riding in traffic;
Vehicle or component malfunction;
unsafe road conditions or uneven surfaces;
varying terrain;
weather conditions;
existing health or medical conditions or aggravation of those conditions;
failure to follow applicable laws regarding use and/or operation of the Vehicle, including as noted Section 1.7
commission of any of the prohibited acts listed in Section 1.8;
failure to perform the required safety check pursuant to Section 3.1;
failure to wear a helmet (whether or not required by law); and
negligent acts or omissions by the Company, any other Released Person, Rider, or third party.

Rider acknowledges and agrees that:

Rider is solely and fully responsible for the safe operation of any Vehicle rented at all times. Rider agrees that Vehicles are machines that may malfunction, even if the Vehicle is properly maintained and that such malfunction may cause injury.

Rider freely assumes full and complete responsibility for all related risks, dangers, and hazards to using the Services.

Rider agrees that Rider is voluntarily using and operating the Vehicles or other equipment provided by the Company and its Services with full knowledge of all related risks, dangers, and hazards inherent in or relating to or arising from those activities, including as described in this Agreement (and including physical or mental injury, disability, disfigurement, or death to Rider or others and damage to Rider's personal property or any other property).

To the fullest extent permitted by law, this release and hold harmless agreement includes any and all Claims related to or arising from the sole or partial negligence of the Company, the Released Persons, and any Municipality, or any other party. Rider hereby expressly waives any claims against the Released Persons, any Municipality or any other party which Rider does not know or suspect to exist in his or her favor at the time of use of the Company's Services, and expressly waives Rider's rights under any statutes that purport to preserve Rider's unknown claims.

12. FOR CALIFORNIA RIDERS:

12.1 LONG BEACH MICROMOBILITY RELEASE AND WAIVER OF LIABILITY

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING AN ELECTRIC SCOOTER IN THE CITY OF LONG BEACH (“CITY”). BY USING AN ELECTRIC SCOOTER, YOU AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED HEREIN, INCLUDING, BUT NOT LIMITED TO, THE WAIVERS, RELEASES AND LIMITATIONS OF LIABILITY SET FORTH HEREIN. IF YOU DO NOT AGREE WITH ALL OF THE TERMS AND CONDITIONS OF USE, YOU ARE NOT PERMITTED TO RENT OR USE AN ELECTRIC SCOOTER FROM ANY ELECTRIC SCOOTER OPERATOR OR ITS AFFILIATES.

RESTRICTIONS AND OTHER TERMS AND CONDITIONS OF ELECTRIC SCOOTER USE

REPRESENTATIONS AND WARRANTIES. Rider represents and warrants to Operator and City that:
- Rider meets the minimum age requirements: (1) is 18 years of age or older to check out an e-scooter with a credit card and ride.
- Rider is experienced and familiar with the safe and competent operation of an e-scooter, and that he/she is physically and mentally fit to ride the e-scooter.
- Rider is familiar with all applicable local, state, and county rules, regulations, codes and laws that relate to the safe and legal operation of an e-scooter.
ACKNOWLEDGEMENTS AND AGREEMENTS: Rider acknowledges and agrees as follows:
- Rider is fully aware that riding an e-scooter poses a risk of accident due to motorists, pedestrians, and pavement/sidewalk conditions, and Rider must keep a proper lookout to avoid such accidents.
- Rider is fully trained and capable of operating and riding an e-scooter and is not relying on City to learn how to operate or ride an e-scooter.
- Failure to use a helmet and protective gear or to use the e-scooter in a careful and reasonably competent manner may result in bodily injury or death.
- Rider is solely responsible for obtaining and using a helmet and protective gear.
- Rider is solely responsible for operating and riding an e-scooter in a careful and reasonably competent manner.
- A helmet and protective gear, even when used, does not eliminate the risk of bodily injury in the event of an accident.
- Rider is solely responsible for any moving violations and/or fines incurred by Rider while using the e-scooter, including any fees for parking the e-scooter in prohibited locations.
- If Rider causes damage to property or injury to another party while operating or in possession of the e-scooter, Rider is solely liable for such damage or injury. Rider agrees to defend and hold harmless City from any and all losses, liabilities, claims, causes of action, costs, fees, penalties or the like arising from Rider’s use of the e-scooter.
RESTRICTED USES. Rider shall not do any of the following acts (“Restricted Uses”):
- Use any e-scooter if Rider is younger than 18 years of age.
- Use any e-scooter if Rider has any existing physical or mental condition that would prohibit Rider from safely operating the e-scooter.
- Operate an e-scooter while carrying any item that impedes Rider’s ability to safely operate the e-scooter.
- Operate an e-scooter while under the influence of alcohol, drugs, or any other substance that impair Rider’s ability to safely operate the e-scooter.
- Use any cell phone or mobile electronic device, including, but not limited to, for the purposes of phone calls, text messages, music or any other use that distracts Rider from the safe operation of the e-scooter.
- Allow more than one person to be carried on the e-scooter.
- Violate any applicable federal, state, or local law.
- Operate or use an e-scooter in any manner during adverse weather conditions, including but not limited to: hail, dust storms, fog, heavy rains, or lightning storms.
- Ride or operate an e-scooter that has any defect, fails to operate properly is in need of repair.
- Use the e-scooter for racing, trick riding, jumping, stunt riding and/or, off-road riding.
- Tow, pull, carry or push any person or object with an e-scooter.
- *Modify the physical state of the e-scooter
- * Alter or modify the onboard electronics of the e-scooter
- *Bypass or disable the technological operations platform of the system to make the e-scooter for personal use
- *Modify or make changes to the mechanics or electronics that govern the speed of the e-scooter

RELEASE AND LIMITATION OF LIABILITY

FOR AND IN CONSIDERATION OF RENTAL AND USE OF THE E-SCOOTER AND TO THE FULLEST EXTENT PERMITTED BY LAW, RIDER, FOR HIMSELF OR HERSELF AND ON BEHALF OF RIDER’S HEIRS, EXECUTORS, ADMINISTRATORS AND ASSIGNS, FOREVER RELEASES AND RELINQUISHES AND DISCHARGES (i) CITY AND CITY’S OFFICERS, BOARDS AND COMMISSIONS, MEMBERS, MANAGERS, EMPLOYEES, SUPPLIERS, AGENTS, REPRESENTATIVES FROM ANY AND ALL CLAIMS, DEMANDS, DISPUTES, LOSSES, LIABILITIES, DEBTS, LIENS, CHARGES, PENALTIES, PROCEEDINGS, CAUSES OF ACTION AND DAMAGES INCLUDING BUT NOT LIMITED TO, FOR PERSONAL INJURY, WRONGFUL DEATH, PROPERTY DAMAGE, AND INJURY TO RIDER OR TO THIRD PARTIES (COLLECTIVELY, “CLAIMS”), INCLUDING UNKNOWN OR UNANTICIPATED CLAIMS, WHICH ARISE FROM OR ARE RELATED DIRECTLY OR INDIRECTLY TO: (A) THE MAINTENANCE, DESIGN, USE AND/OR OPERATION OF THE E-SCOOTER; (B) ANY RISK, DANGER OR HAZARD DESCRIBED IN THIS RELEASE; (C) RIDER’S USE OF, OR INABILITY TO USE, ANY OF THE E-SCOOTER EQUIPMENT; (D) RIDER’S BREACH OF THIS AGREEMENT OR RIDER’S VIOLATION OF ANY LAW; (E) ANY NEGLIGENCE, MISCONDUCT, OR OTHER ACTION OR INACTION BY RIDER OR A THIRD PARTY; OR (F) RIDER’S FAILURE TO WEAR PROTECTIVE GEAR SUCH AS A HELMET WHILE UTILIZING THE OPERATOR EQUIPMENT.
IF CITY IS DEEMED TO HAVE ANY LIABILITY ARISING OUT OF RIDER’S USE OF THE OPERATOR EQUIPMENT, INCLUDING E-SCOOTER OR THE OPERATOR WEBSITE, SUCH LIABILITY SHALL NOT EXCEED THE AMOUNT OF THE MEMBERSHIP OR RENTAL PAID TO OPERATOR BY RIDER.

ASSUMPTIONS OF RISKS; DISCLAIMER.

RIDER AGREES THAT E-SCOOTERS ARE MACHINES THAT MAY MALFUNCTION, EVEN IF THE E-SCOOTER IS PROPERLY MAINTAINED, AND THAT SUCH MALFUNCTION MAY CAUSE INJURY. RIDER EXPRESSLY ACKNOWLEDGES AND ACCEPTS THAT RIDER’S USE OF THE E-SCOOTER IS AT HIS/HER OWN RISK, AND THAT BY CHOOSING TO RIDE AN E-SCOOTER, RIDER ASSUMES FULL AND COMPLETE RESPONSIBILITY FOR ALL RELATED RISKS, DANGERS, AND HAZARDS. RIDER ACCEPTS THE E-SCOOTER FOR USE AFTER EXERCISING HIS/HER OWN FREE CHOICE TO PARTICIPATE VOLUNTARILY IN THIS ACTIVITY AND AFTER HAVING INSPECTED THE E-SCOOTER AND CERTIFYING THAT IS IN GOOD OPERATING CONDITION. RIDER UNDERSTANDS THAT USING AN E-SCOOTER MAY BE A HAZARDOUS ACTIVITY THAT INVOLVES MANY OBVIOUS AND NOT-SO-OBVIOUS RISKS, DANGERS, AND HAZARDS, WHICH MAY RESULT IN INJURY OR DEATH TO RIDER OR OTHERS, AS WELL AS DAMAGE TO PROPERTY, AND THAT SUCH RISKS, DANGERS, AND HAZARDS CANNOT ALWAYS BE PREDICTED OR AVOIDED. RIDER ACKNOWLEDGES, UNDERSTANDS AND ASSUMES ALL RISK RELATING TO THE RENTAL, MAINTENANCE, DESIGN, USE AND/OR OPERATION OF THE OPERATOR EQUIPMENT, INCLUDING THE E-SCOOTERS, AND UNDERSTANDS THAT USING AN E-SCOOTER INVOLVES RISK TO THE RIDER AND OTHERS INCLUDING DAMAGES, BODILY INJURY, PARTIAL OR TOTAL DISABILITY, PARALYSIS AND DEATH TO RIDER OR OTHERS, AND THAT RIDER HAS FULL KNOWLEDGE OF SAID RISKS AND DANGERS, INCLUDING SUCH RISKS, DAMAGES AND INJURIES THAT MAY ARISE FROM THE NEGLIGENCE OF OTHERS OR AS A RESULT OF ROADWAY CONDITIONS. CITY DOES NOT REPRESENT OR WARRANT THAT ANY OF THE E-SCOOTERS, OPERATOR EQUIPMENT OR RELATED INFORMATION WILL BE IN GOOD REPAIR OR ERROR-FREE, AND DELAYS, OMISSIONS, INTERRUPTIONS, OR INACCURACIES COULD EXIST WITH RESPECT TO ANY OF THE OPERATOR EQUIPMENT OR RELATED INFORMATION. RIDER ASSUMES FULL RESPONSIBILITY AND RISK OF LOSS FOR USING ANY OF THE E-SCOOTERS AND THE CITY IS NOT LIABLE FOR ANY CLAIM ATTRIBUTABLE TO ANY OF THE FOREGOING.

TO THE FULLEST EXTENT PERMITTED BY LAW, THIS RELEASE AND HOLD HARMLESS AGREEMENT INCLUDES ANY AND ALL CLAIMS RELATED TO OR ARISING FROM THE SOLE OR PARTIAL NEGLIGENCE OF CITY OR ANY OTHER PARTY. RIDER HEREBY EXPRESSLY WAIVES ANY CLAIMS AGAINST THE CITY WHICH RIDER DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF RENTING AN E-SCOOTER, AND EXPRESSLY WAIVES RIDER’S RIGHTS UNDER ANY STATUTES THAT PURPORT TO PRESERVE RIDER’S UNKNOWN CLAIMS.

INDEMNIFICATION.

Rider shall indemnify, defend and hold harmless City for, from and against any and all Claims related to or arising out of this Agreement, even where caused in whole or in part by City’s negligence, and/or the negligence of others, whether presently known or unknown. At City’s option, Rider will assume control of the defense and settlement of any Claim subject to indemnification by Rider (provided that, in such event, City may at any time elect to take over control of the defense and settlement of any such Claim). In no event may Rider settle any Claim without City’s prior written consent.

12.2 PROPOSITION 65 NOTICE

WARNING:

This product can expose you to chemicals including chromium, which is known to the State of California to cause cancer and birth defects or other reproductive harm. For more information go to: http://www.p65warnings.ca.gov.

12.3 CALIFORNIA CONSUMER NOTICE

Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: This Site is provided by Superpedestrian, Inc., 84 Hamilton St, Cambridge, MA 02139, USA. If you have a question or complaint regarding the Services, please contact Customer Service at support@superpedestrian.com. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by post at 1625 North Market Blvd., Sacramento, CA 95834 or by telephone at (916) 445-1254 or (800) 952-5210 or Hearing Impaired at TDD (800) 326-2297 or TDD (916) 322-1700.

13. MODIFICATIONS AND ADDITIONAL LEGAL TERMS

The Company can change, update, add, or remove provisions of this Agreement at any time by posting the updated Agreement on the Site. The Company will provide notice of material changes to this Agreement through the Superpedestrian App and Site. If you do not agree with any of the updated terms of the Agreement, you must stop using the Services and terminate your account. Continued use of the Services following posting of any such changes will indicate your acknowledgment of such changes and satisfaction with the terms of this Agreement as modified. Unless otherwise required by law, the updated Agreement is effective as of the day of posting.

We may make changes to the Services at any time, without notice to you. If you object to any changes to the Services, your sole recourse will be to cease using the Services. Continued use of the Services will indicate your satisfaction with the changes made to the Services. We also reserve the right to discontinue the Services, or any component thereof, at any time without notice to you. We will not be liable to you or any third-party should we exercise our right to modify or discontinue the Services.

In addition, certain features of the Services may be subject to additional terms and conditions (“Additional Terms”), which shall be provided to you when you choose to use such features or services. By using such features, or any part thereof, you agree to be bound by the Additional Terms applicable to such features. In the event that any of the Additional Terms governing such features conflict with this Agreement, the Additional Terms will govern.

14. COMMUNICATIONS

Consent to electronic communications. You consent to receive communications from us, whether required by law or otherwise, either by e-mail if you have provided us with your e-mail address, or by notice posted on the Services, as determined by us in our sole discretion. You agree that any requirement that a notice, disclosure, agreement, or other communication be sent to you by us in writing is satisfied by such electronic communication. We are not responsible for any automatic filtering you or your network provider may apply to communications we send to an e-mail address that you provide to us.

Mobile Messaging Terms. When you provide us with your mobile telephone number, you agree that Superpedestrian may send you text messages (including SMS and MMS) to that mobile telephone number. When you first provide your mobile telephone number to us, you will receive a confirmation text message and you may need to reply as instructed to complete registration. Superpedestrian will never charge you for the text messages you receive, however you may see message and data rate charges from your mobile provider, though, so be sure to check your plan. You are responsible for the payment to your mobile provider of any message, data and other charges related to text messages, including for confirmation texts you receive and your responses thereto. You may opt-out of receiving any future text messages from us at any time by replying to a text message with the keyword “STOP”. If you opt-out you agree to receive a final text message confirming your opt-out. When you opt-out of text messaging, you will no longer receive any texts messages unless you re-subscribe. In addition, for assistance, you may reply to any text message with the keyword “Help”. Texts may be sent through an automatic telephone dialing system. Consent to receive mobile messages is not required as a condition to using the Services. You agree to notify us of any changes to your mobile telephone number. Your carrier may prohibit or restrict certain mobile features and certain mobile features may be incompatible with your carrier or mobile device. Contact your carrier with questions regarding these issues.

15. GENERAL

No waiver of any breach of any provision of this Agreement is a waiver of any other breach or of any other provision of this Agreement. The provisions of this Agreement are independent of and separable from each other, and no provision shall be affected or rendered invalid, void, or unenforceable by virtue of the fact that for any reason any other or others of them may be invalid, void, or unenforceable in whole or in part.

All rights and remedies granted under or referred to in this Agreement are cumulative and nonexclusive, and resort to one does not preclude the availability or applicability of another or to any other right or remedy provided by law.

This Agreement (and all documents, additional legal terms and/or policies incorporated by reference) contains the complete, final, and exclusive integrated agreement between the parties with respect to its subject matter. This Agreement supersedes all other prior agreements, written or oral, relating to such subject matter. Neither the rights nor obligations arising under this Agreement are assignable by you. Any such attempted assignment or transfer shall be void and without effect.

The headings in this Agreement do not affect the interpretation of this Agreement. In the event of any conflict or ambiguity in meaning between the English-language version of this Agreement and a translation of this Agreement into a language other than English, the English version will control.

16. RIDER ACCEPTANCE OF THIS AGREEMENT

This Agreement is entered into voluntarily, with consideration, and without any duress or undue influence on the part or behalf of the Company. Rider acknowledges that he/she (a) has read this Agreement; (b) understands the terms and consequences of this Agreement, including the releases it contains; and (c) is fully aware of the legal and binding effect of this Agreement. Without limitation, Rider undersigns the following:

I certify that I have read and expressly agree ("Assent") to the Releases; Disclaimers; and Assumption of Risk set forth in these Terms and Conditions, and I acknowledge that these Terms and Conditions limit my legal rights and remedies. I intend my Assent to be a complete and unconditional release of all liability to the greatest extent permitted by law.

I represent and certify that I am familiar with the operation of the Vehicle, and am reasonably competent and physically fit to ride the Vehicle.

I certify that I am the Rider, I am 18 years old or over, I will wear a helmet where required by law, I will not ride a Vehicle with another occupant, I will obey all traffic laws, and that I ride at my own risk.

17. CONTACT US

You may contact us for customer service and support by email to support@superpedestrian.com. Mail may be sent to: Superpedestrian, Inc., 84 Hamilton St, Cambridge, MA 02139, USA.

TARIFF PLAN -- U.S.

1) Rates applied by the Company to the scooter rental service are as set forth in the App at the time of rental.

2) Penalties applied by the Company:

Theft/loss of Superpedestrian Vehicle for reasons attributable to the Rider: up to $750
Damage to Superpedestrian Vehicle for reasons attributable to the Rider: $50 for battery, frame or IoT module damages; $25 for brakes, front fork, kickstand, or throttle damages
Parking Scooter in a no-ride zone in the city as indicated in the App: $25
Parking Scooter outside designated parking spots marked, where required in the App: $10
Violations of Terms and Conditions or city regulations which may result in fines from any government body: $10 admin fee plus the amount of any Fines charged to the Company

The Tariff Plan is subject to changes and updates by the Company. Such changes will be communicated to Riders on the App.