These Terms govern the use of RideHoppy and any other related Agreement or legal relationship with the Owner in a legally binding way. Capitalized words are defined in the relevant dedicated section of this document.

The User must read this document carefully.

Although the entire contractual relationship relating to these Products is entered into solely by the Owner and Users, Users acknowledge and agree that where RideHoppy has been provided to them via the Apple App Store, Apple may enforce these Terms as a third-party beneficiary.

Nothing in these Terms creates any relationship of employment, agency, or partnership between the involved parties.

“RideHoppy” refers to:

• This website, including its subdomains and any other website through which the Owner makes its Service available;
• Applications for mobile, tablet, and other smart device systems;
• The Application Program Interfaces (API);
• The Service;
• Any applications, sample and content files, source code, scripts, instruction sets, or software included as part of the Service as well as any related documentation.

What the User should know at a glance

Please note that some provisions in these Terms may only apply to certain categories of Users. In particular, certain provisions may only apply to Consumers or to those Users that do not qualify as Consumers. Such limitations are always explicitly mentioned within each affected clause. In the absence of any such mention, clauses apply to all Users.

Usage of RideHoppy and the Service is age-restricted: to access and use RideHoppy and its Service, the User must be an adult under applicable law. Minors may access RideHoppy and use its Service only under parental or adult supervision. The right of withdrawal only applies to European Consumers.

RideHoppy is a platform that connects customers with independent service providers and acts solely as an intermediary platform connecting service seekers with service providers. RideHoppy does not provide services directly and is not responsible for the actions, conduct, quality, or safety of services provided by Users. All service agreements are between customers and service providers directly and all interactions between Users occur at their own risk, and Users assume all responsibility for verifying the qualifications and trustworthiness of other Users they interact with.

TERMS OF USE

General Conditions

Unless otherwise specified, the terms of use detailed in this section apply generally when using RideHoppy. Single or additional conditions of use or access may apply in specific scenarios and in such cases are additionally indicated within this document.

By using RideHoppy, Users confirm they meet the following requirements:

• There are no restrictions for Users in terms of being Consumers or Business Users;
• Users must be recognized as adults by applicable law;
• Minors may only use RideHoppy under parental or adult supervision;
• Users aren’t located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a “terrorist-supporting” country;
• Users aren’t listed on any U.S. Government list of prohibited or restricted parties.

RideHoppy operates exclusively as a technology platform that facilitates connections between customers seeking services and independent service providers. RideHoppy is not a party to any service agreement between customers and service providers.

Service providers who use RideHoppy are independent contractors and are not employees, agents, or representatives of RideHoppy. RideHoppy does not supervise, direct, or control service providers in the performance of their services. Service providers set their own rates, determine their availability, and are solely responsible for the manner and means by which they provide services.

RideHoppy makes no representations, warranties, or guarantees regarding the quality, safety, timeliness, completion, or workmanship of any services provided by service providers. Customers contract directly with service providers for all services, and any disputes regarding service quality, completion, payment, or performance must be resolved directly between the customer and service provider.

Account Registration

To use the Service, Users must register or create a User account providing all required data or information in a complete and truthful manner. Failure to do so will cause unavailability of the Service.

Users are responsible for keeping their login credentials confidential and safe. For this reason, Users are also required to choose passwords that meet the highest standards of strength permitted by RideHoppy.

By registering, Users agree to be fully responsible for all activities that occur under their username and password. Users are required to immediately and unambiguously inform the Owner via the contact details indicated in this document if they think their personal information, including but not limited to User accounts, access credentials, or personal data, have been violated, unduly disclosed, or stolen.

Conditions for Account Registration

Registration of User accounts on RideHoppy is subject to the conditions outlined below. By registering, Users agree to meet such conditions:

• Accounts registered by bots, or any other automated methods are not permitted.
• Unless otherwise specified, each User must register only one account.
• Unless explicitly permitted, a User account may not be shared with other persons.

Account Termination

Users can terminate their account and stop using the Service subject to the conditions and according to the procedures outlined in the relevant section of RideHoppy.

Account Suspension and Deletion

The Owner reserves the right, at its sole discretion, to suspend or delete User accounts at any time and without notice if it deems them inappropriate, offensive, or in violation of these Terms. The suspension or deletion of User accounts shall not entitle Users to any claims for compensation, damages, or reimbursement. The suspension or deletion of accounts due to causes attributable to the User does not exempt the User from paying any applicable fees or prices.

Content on RideHoppy

Unless otherwise specified or clearly recognizable, all content available on RideHoppy is owned or provided by the Owner or its licensors. The Owner undertakes its utmost effort to ensure that the content provided on RideHoppy infringes no applicable legal provisions or third-party rights. However, it may not always be possible to achieve such a result.

In such cases, without prejudice to any legal prerogatives of Users to enforce their rights, Users are kindly asked to report related complaints using the contact details provided in this document.

Rights Regarding Content on RideHoppy – All Rights Reserved

The Owner holds and reserves all intellectual property rights for any such content. Users may not use such content in any way that is not necessary or implicit in the proper use of the Service. In particular, Users may not copy, download, share (beyond the limits set forth below), modify, translate, transform, publish, transmit, sell, sublicense, edit, transfer/assign to third parties, or create derivative works from the content available on RideHoppy nor allow any third party to do so through the User or their device, even without the User’s knowledge.

Where explicitly stated on RideHoppy, the User may download, copy, and/or share some content available through RideHoppy for its sole personal and non-commercial use, provided that the copyright attributions and all the other attributions requested by the Owner are correctly implemented. Any applicable statutory limitation or exception to copyright shall remain unaffected.

Content Provided by Users

The Owner allows Users to upload, share, or provide their own content to RideHoppy. By providing content to RideHoppy, Users confirm that they are legally allowed to do so and that they are not infringing any statutory provisions and/or third-party rights.

Rights Regarding Content Provided by Users

Users acknowledge and accept that by providing their own content on RideHoppy, they grant the Owner a non-exclusive, fully paid-up, and royalty-free license to process such content solely for the operation and maintenance of RideHoppy as contractually required. To the extent permitted by applicable law, Users waive any moral rights in connection with content they provide to RideHoppy. Users acknowledge, accept, and confirm that all content they provide through RideHoppy is provided subject to the same general conditions set forth for content on RideHoppy.

Liability for Provided Content

Users are solely liable for any content they upload, post, share, or provide through RideHoppy. Users acknowledge and accept that the Owner does not filter or moderate such content. However, the Owner reserves the right to remove, delete, or block such content at its own discretion and without prior notice to deny the uploading User access to RideHoppy:

• Upon becoming aware of any (alleged) violation of these Terms, any third-party rights, or applicable law based on such content;
• If a notice of infringement of intellectual property rights is received;
• If a notice of violation of a third party’s privacy, including their intimate privacy, is received;
• Upon order of a public authority; or
• Where the Owner is made aware that the content, while being accessible via RideHoppy, may represent a risk for Users, third parties, and/or the availability of the Service.

The removal, deletion, or blocking of content shall not entitle Users that have provided such content or that are liable for it to any claims for compensation, damages, or reimbursement. Users agree to hold the Owner harmless from and against any claim asserted and/or damage suffered due to content they provided to or provided through RideHoppy.

Removal of Content from Parts of RideHoppy Available through the App Store

If the reported content is deemed objectionable, it will be removed within 24 hours and the User who provided the content will be barred from using the Service.

Access to External Resources

Through RideHoppy, Users may have access to external resources provided by third parties. Users acknowledge and accept that the Owner has no control over such resources and is therefore not responsible for their content and availability. THE OWNER HEREBY DISCLAIMS ALL LIABILITY FOR ANY SERVICES, CONTENT, OR RESOURCES PROVIDED BY THIRD PARTIES. USERS AGREE THAT ANY RELIANCE ON OR USE OF SUCH EXTERNAL RESOURCES IS AT THEIR OWN RISK.

Conditions applicable to any resources provided by third parties, including those applicable to any possible grant of rights in content, result from each such third parties’ terms and conditions or, in the absence of those, applicable statutory law.

How to File a Takedown Notice (called a “DMCA notice”)

If copyright holders or their agents believe that any content on RideHoppy infringes upon their copyrights, they may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing the Owner’s Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

• A physical or electronic signature of a person authorized to act on behalf of the holder of an exclusive right that is allegedly infringed;
• Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the Owner to locate the material;
• Information reasonably sufficient to permit the Owner to contact the notifying party, such as an address, telephone number, and, if available, an electronic mail;
• A statement that the notifying party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
• A statement that the information in the notification is accurate and, under penalty of perjury, that the notifying party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Failure to comply with all of the requirements outlined above may result in invalidity of the DMCA notice. Copyright infringement notifications may be addressed to the Owner’s Copyright Agent at the contact details specified in this document.

Acceptable Use

RideHoppy and the Service may only be used within the scope of what they are provided for under these Terms and applicable law. Users are solely responsible for making sure that their use of RideHoppy and/or the Service violates no applicable law, regulations, or third-party rights. Therefore, the Owner reserves the right to take any appropriate measure to protect its legitimate interests, including by denying Users access to RideHoppy or the Service, terminating contracts, and reporting any misconduct performed through RideHoppy or the Service to the competent authorities – such as judicial or administrative authorities – whenever Users engage or are suspected to engage in any of the following activities:

• Violate laws, regulations, and/or these Terms;
• Infringe any third-party rights;
• Considerably impair the Owner’s legitimate interests;
• Offend the Owner or any third party.

Using the platform to engage in any conduct that creates safety risks for other Users, misrepresenting qualifications or credentials to other Users, failing to disclose material information that could affect another User’s safety or decision-making, or using the platform to facilitate any illegal transactions or services.

Service Quality and Customer Responsibilities

Customers acknowledge and agree that they are solely responsible for:

Evaluating the qualifications and suitability of service providers for their specific needs. Verifying that service providers possess appropriate licenses, insurance, and qualifications required for the requested services. Communicating service requirements clearly and completely to service providers. Inspecting work performed and identifying any issues promptly. Resolving any disputes regarding service quality, completion, or payment directly with service providers.

Customers understand that RideHoppy cannot and does not guarantee that services will meet their expectations, be completed satisfactorily, or be performed in a workmanlike manner. Customers use the platform and engage service providers entirely at their own risk regarding service quality and outcomes.

Assumption of Risk

By using RideHoppy, Users voluntarily assume all risks associated with using the platform and interacting with other Users. These risks include but are not limited to personal safety risks when meeting strangers, financial risks in service transactions, risk of property damage or theft, risk of receiving unsatisfactory or dangerous services, and risk of encountering Users who may be dishonest, unreliable, or who may engage in criminal conduct.

Users acknowledge that they have been informed of these risks and choose to use RideHoppy despite such risks. Users agree that their use of RideHoppy is entirely voluntary and at their own risk.

“Tell-a-Friend”

RideHoppy gives Users the opportunity to receive advantages if, as a result of their recommendation, any new User purchases a Product offered on RideHoppy. To explore all applicable details and conditions, Users may consult the dedicated terms and conditions inside the respective section of RideHoppy. The Owner reserves the right to end the offer at any time at its own discretion.

Software License

Any intellectual or industrial property rights and any other exclusive rights on software or technical applications embedded in or related to RideHoppy are held by the Owner and/or its licensors. Subject to Users’ compliance with, and notwithstanding any divergent provision of these Terms, the Owner merely grants Users a revocable, non-exclusive, non-sublicensable, and non-transferable license to use the software and/or any other technical means embedded in the Service within the scope and for the purposes of RideHoppy and the Service offered. This license does not grant Users any rights to access, usage, or disclosure of the original source code. All techniques, algorithms, and procedures contained in the software and any documentation thereto related are the Owner’s or its licensors’ sole property.

All rights and license grants to Users shall immediately terminate upon any termination or expiration of the Agreement. Without prejudice to the above, under this license Users may download, install, use, and run the software on the permitted number of devices provided that such devices are common and up to date in terms of technology and market standards. The Owner reserves the right to release updates, fixes, and further developments of RideHoppy and/or its related software. Users may need to download and install such updates to continue using RideHoppy and/or its related software. However, in order to get access to completely new versions or releases of the software, Users may need to purchase a separate license. The User may download, install, use, and run the software on unlimited devices. However, it may not be permitted to run the software on more than one device at a time. Notwithstanding the foregoing, the User undertakes to immediately delete any copies of the software upon the expiry of the license under which such software is provided to the User.

API Usage Terms

Users may access their data relating to RideHoppy via the Application Program Interface (API). Any use of the API, including use of the API through a third-party product/service that accesses RideHoppy, is bound by these Terms and, in addition, by the following specific terms:

The User expressly understands and agrees that the Owner bears no responsibility and shall not be held liable for any damages or losses resulting from the User’s use of the API or their use of any third-party products/services that access data through the API.

User Interactions and Platform Role

Users acknowledge and agree that RideHoppy functions exclusively as a technology platform that facilitates introductions between service providers and customers. RideHoppy does not employ service providers, does not provide services, and does not control the conduct of Users on or off the platform.

Users understand that they interact with other Users entirely at their own risk. RideHoppy makes no representations or warranties regarding the identity, qualifications, background, or reliability of any User. While RideHoppy may conduct background screening for certain service providers, Users acknowledge that such screening has inherent limitations and does not guarantee future conduct or eliminate all risks associated with User interactions.

Users are solely responsible for taking appropriate precautions when interacting with other Users, including but not limited to meeting in safe locations, verifying credentials independently, and exercising reasonable judgment regarding personal safety and property protection.

Contract Duration

Trial Period

Users have the option to test RideHoppy or selected Products during a limited and non-renewable trial period at no cost. Some features or functions of RideHoppy may not be available to Users during the trial period. Further conditions applicable to the trial period, including its duration, will be specified on RideHoppy. The trial period shall automatically convert into the equivalent paid Product unless the User cancels the purchase before the trial period expires.

Subscriptions

Subscriptions allow Users to receive a Product continuously or regularly over time. Details regarding the type of subscription and termination are outlined below.

Open-Ended Subscriptions

Paid subscriptions begin on the day the payment is received by the Owner. In order to maintain subscriptions, Users must pay the required recurring fee in a timely manner. Failure to do so may cause service interruptions.

Subscriptions Handled via Apple ID

Users may subscribe to a Product using the Apple ID associated with their Apple App Store account by using the relevant process on RideHoppy. When doing so, Users acknowledge and accept that:

• Any payment due shall be charged to their Apple ID account;
• Subscriptions are automatically renewed for the same duration unless the User cancels at least 24 hours before the current period expires;
• Any and all fees or payments due for renewal will be charged within 24-hours before the end of the current period;
• Subscriptions can be managed or cancelled in the Users’ Apple App Store account settings.

The above shall prevail upon any conflicting or diverging provision of these Terms.

Termination

Subscriptions may be terminated by sending a clear and unambiguous termination notice to the Owner using the contact details provided in this document or — if applicable — by using the corresponding controls inside RideHoppy.

Termination of Open-Ended Subscriptions

Open-ended subscriptions may be terminated at any time by sending a clear and unambiguous termination notice to the Owner using the contact details provided in this document or — if applicable — by using the corresponding controls inside this Application. Terminations shall take effect 30 days after the notice of termination has been received by the Owner.

US Users

Disclaimer of Warranties

RideHoppy is provided strictly on an “as is” and “as available” basis. Use of the Service is at Users’ own risk. This specifically includes that RideHoppy makes no warranties regarding the quality, reliability, timeliness, or completion of any services provided by service providers who use the platform. RideHoppy does not warrant that service providers will perform services competently, safely, or in accordance with industry standards.To the maximum extent permitted by applicable law, the Owner expressly disclaims all conditions, representations, and warranties — whether express, implied, statutory, or otherwise — including but not limited to any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third-party rights. No advice or information, whether oral or written, obtained by the User from the Owner or through the Service will create any warranty not expressly stated herein.

Without limiting the foregoing, the Owner, its subsidiaries, affiliates, licensors, officers, directors, agents, co-branders, partners, suppliers, and employees do not warrant that the content is accurate, reliable, or correct; that the Service will meet Users’ requirements; that the Service will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the Service is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the Service is downloaded at Users’ own risk and Users shall be solely responsible for any damage to Users’ computer system or mobile device or loss of data that results from such download or Users’ use of the Service.

The Owner does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Service or any hyperlinked website or service, and the Owner shall not be a party to or in any way monitor any transaction between Users and third-party providers of products or services.

The Service may become inaccessible, or it may not function properly with Users’ web browser, mobile device, and/or operating system. The Owner cannot be held liable for any perceived or actual damages arising from Service content, operation, or use of this Service.

Federal law, some states, and other jurisdictions do not allow the exclusion and limitations of certain implied warranties. The above exclusions may not apply to Users. This Agreement gives Users specific legal rights, and Users may also have other rights which vary from state to state. The disclaimers and exclusions under this agreement shall not apply to the extent prohibited by applicable law.

LIMITATIONS OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE OWNER AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, CO-BRANDERS, PARTNERS, SUPPLIERS, AND EMPLOYEES BE LIABLE FOR:

• ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SERVICE; AND
• ANY DAMAGE, LOSS, OR INJURY RESULTING FROM HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR USER ACCOUNT OR THE INFORMATION CONTAINED THEREIN;
• ANY ERRORS, MISTAKES, OR INACCURACIES OF CONTENT;
• PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER RESULTING FROM USER ACCESS TO OR USE OF THE SERVICE;
• ANY UNAUTHORIZED ACCESS TO OR USE OF THE OWNER’S SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN;
• ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE;
• ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE SERVICE;
• ANY CLAIMS RELATED TO THE QUALITY, COMPLETENESS, OR WORKMANSHIP OF SERVICES PROVIDED BY SERVICE PROVIDERS;
• ANY FAILURE BY SERVICE PROVIDERS TO COMPLETE CONTRACTED SERVICES OR TO PERFORM SERVICES IN A WORKMANLIKE MANNER;
• ANY DEFECTS, DEFICIENCIES, OR UNSATISFACTORY PERFORMANCE OF SERVICES OBTAINED THROUGH THE PLATFORM;
• ANY PROPERTY DAMAGE RESULTING FROM SERVICES PROVIDED BY SERVICE PROVIDERS;
• ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR
• THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY USER OR THIRD PARTY. IN NO EVENT SHALL THE OWNER AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, CO-BRANDERS, PARTNERS, SUPPLIERS, AND EMPLOYEES BE LIABLE FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES, OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT PAID BY USER TO THE OWNER HEREUNDER IN THE PRECEDING 12 MONTHS OR THE PERIOD OF DURATION OF THIS AGREEMENT BETWEEN THE OWNER AND USER, WHICHEVER IS SHORTER.

THIS LIMITATION OF LIABILITY SECTION SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION, WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF THE USER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages; therefore, the above limitations or exclusions may not apply to the User. The terms give User specific legal rights, and User may also have other rights which vary from jurisdiction to jurisdiction. The disclaimers, exclusions, and limitations of liability under the terms shall not apply to the extent prohibited by applicable law.

Indemnification

The User agrees to defend, indemnify, and hold the Owner and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers, and employees harmless from and against any and all claims or demands, damages, obligations, losses, liabilities, costs, or debt, and expenses, including but not limited to legal fees and expenses, arising from:

• User’s use of and access to the Service, including any data or content transmitted or received by User;
• User’s violation of these terms, including but not limited to User’s breach of any of the representations and warranties set forth in these terms;
• User’s violation of any third-party rights, including but not limited to any right of privacy or intellectual property rights;
• User’s violation of any statutory law, rule, or regulation;
• Any content that is submitted from User’s account, including third-party access with User’s unique username, password, or other security measure if applicable, including but not limited to misleading, false, or inaccurate information;
• User’s willful misconduct; or
• Statutory provision by User or its affiliates, officers, directors, agents, co-branders, partners, suppliers, and employees to the extent allowed by applicable law.

Common Provisions

No Waiver

The Owner’s failure to assert any right or provision under these Terms shall not constitute a waiver of any such right or provision. No waiver shall be considered a further or continuing waiver of such term or any other term.

Service Interruption

To ensure the best possible service level, the Owner reserves the right to interrupt the Service for maintenance, system updates, or any other changes, informing the Users appropriately. Within the limits of law, the Owner may also decide to suspend or discontinue the Service altogether. If the Service is discontinued, the Owner will cooperate with Users to enable them to withdraw Personal Data or information and will respect Users’ rights relating to continued product use and/or compensation as provided for by applicable law.

Additionally, the Service might not be available due to reasons outside the Owner’s reasonable control, such as “force majeure” events (infrastructural breakdowns or blackouts, etc.).

Service Reselling

Users may not reproduce, duplicate, copy, sell, resell, or exploit any portion of RideHoppy and of its Service without the Owner’s express prior written permission granted either directly or through a legitimate reselling program.

Privacy Policy

To learn more about the use of their Personal Data, Users may refer to the privacy policy of RideHoppy.

Intellectual Property Rights

Without prejudice to any more specific provision of these Terms, any intellectual property rights such as copyrights, trademark rights, patent rights, and design rights related to RideHoppy are the exclusive property of the Owner or its licensors and are subject to the protection granted by applicable laws or international treaties relating to intellectual property.

All trademarks — nominal or figurative — and all other marks, trade names, service marks, word marks, illustrations, images, or logos appearing in connection with RideHoppy are and remain the exclusive property of the Owner or its licensors and are subject to the protection granted by applicable laws or international treaties related to intellectual property.

Changes to these Terms

The Owner reserves the right to amend or otherwise modify these Terms at any time. In such cases, the Owner will appropriately inform the User of these changes. Such changes will only affect the relationship with the User from the date communicated to Users onwards. The continued use of the Service will signify the User’s acceptance of the revised Terms. If Users do not wish to be bound by the changes, they must stop using the Service and may terminate the Agreement. The applicable previous version will govern the relationship prior to the User’s acceptance. The User can obtain any previous version from the Owner. If legally required, the Owner will notify Users in advance of when the modified Terms will take effect.

Assignment of Contract

The Owner reserves the right to transfer, assign, dispose of by novation, or subcontract any or all rights or obligations under these Terms, taking the User’s legitimate interests into account. Provisions regarding changes to these Terms will apply accordingly. Users may not assign or transfer their rights or obligations under these Terms in any way without the written permission of the Owner.

Contacts

All communications relating to the use of RideHoppy must be sent using the contact information stated in this document.

Severability

Should any provision of these Terms be deemed or become invalid or unenforceable under applicable law, the invalidity or unenforceability of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect.

EU Users

Should any provision of these Terms be or be deemed void, invalid, or unenforceable, the parties shall do their best to find in an amicable way an agreement on valid and enforceable provisions, thereby substituting the void, invalid, or unenforceable parts. In case of failure to do so, the void, invalid, or unenforceable provisions shall be replaced by the applicable statutory provisions, if so permitted or stated under the applicable law. Without prejudice to the above, the nullity, invalidity, or impossibility to enforce a particular provision of these Terms shall not nullify the entire Agreement unless the severed provisions are essential to the Agreement or of such importance that the parties would not have entered into the contract if they had known that the provision would not be valid or in cases where the remaining provisions would translate into an unacceptable hardship on any of the parties.

US Users

Any such invalid or unenforceable provision will be interpreted, construed, and reformed to the extent reasonably required to render it valid, enforceable, and consistent with its original intent. These Terms constitute the entire Agreement between Users and the Owner with respect to the subject matter hereof and supersede all other communications, including but not limited to all prior agreements between the parties with respect to such subject matter. These Terms will be enforced to the fullest extent permitted by law.

Governing Law

These Terms are governed by the law of the place where the Owner is based as disclosed in the relevant section of this document, without regard to conflict of laws principles.

Prevalence of National Law

However, regardless of the above, if the law of the country that the User is located in provides for higher applicable consumer protection standards, such higher standards shall prevail.

Exception for Consumers in Brazil

If the User qualifies as a Consumer in Brazil and the product and/or service is commercialized in Brazil, Brazilian law will apply.

Venue of Jurisdiction and Dispute Resolution

This Agreement shall be governed by, enforced under and construed and interpreted in accordance with the laws of the State of Delaware, without giving effect to any choice of law or conflicts of law provision or rule.  Any dispute, controversy, or claim arising out of or relating to these Terms, or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in New York, NY, or any other location mutually agreed to by all parties,  before one arbitrator. The arbitration shall be administered by JAMS pursuant to its Streamlined Arbitration Rules and Procedures. Judgment on the Award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.

Users understand and agree that, by entering into these terms, they are waiving their right to a trial by jury or to participate in a class action. Arbitration is more informal than a lawsuit in court. There is no judge or jury in arbitration, and court review of an arbitration award is limited.

Exception for Consumers in Europe

The above does not apply to any Users that qualify as European Consumers nor to Consumers based in the United Kingdom, Switzerland, Norway, or Iceland.

Exception for Consumers in Brazil

The above does not apply to Users in Brazil that qualify as Consumers.

Definitions and Legal References

RideHoppy: Refers to the website, including its subdomains and any other website through which the Owner makes its Service available; applications for mobile, tablet, and other smart device systems; the Application Program Interfaces (API); the Service; any applications, sample and content files, source code, scripts, instruction sets, or software included as part of the Service, as well as any related documentation.

Service: Refers to the service provided by RideHoppy as described in these Terms and Conditions and on the RideHoppy website.

User: Refers to any individual or entity using RideHoppy.

Consumer: Refers to any User who qualifies as a consumer under applicable law.

Personal Data (or Data): Any information that directly, indirectly, or in connection with other information — including a personal identification number — allows for the identification or identifiability of a natural person.

Usage Data: Information collected automatically through RideHoppy (or third-party services employed in RideHoppy), which can include: the IP addresses or domain names of the computers utilized by the Users who use RideHoppy, the URI addresses (Uniform Resource Identifier), the time of the request, the method utilized to submit the request to the server, the size of the file received in response, the numerical code indicating the status of the server’s answer (successful outcome, error, etc.), the country of origin, the features of the browser and the operating system utilized by the User, the various time details per visit (e.g., the time spent on each page within the Application) and the details about the path followed within the Application with special reference to the sequence of pages visited, and other parameters about the device operating system and/or the User’s IT environment.