Terms and Condition

Terms of Service

Last Updated: March 9, 2020

These Terms of Service constitute a legally binding agreement (the “Agreement”) between the user (“You” and “Your”) and PyckMee Technologies LLC, (“Company,” “PyckMee,” “we,” “us” or “our”) governing your use of the PyckMee™️ application, website, and technology platform (collectively, the “PyckMee Platform”).

Please read the Terms of Use carefully before You start to use the Service. By using the Service and intending to be legally bound hereby, You accept and agree to be bound and abide by these Terms of Use and Our Privacy Policy, incorporated herein by reference. If You do not want to agree to these Terms of Use or the Privacy Policy, You must not access or use the Service.

By entering into this Agreement, and/or by using or accessing the PyckMee Platform you expressly acknowledge that you understand this Agreement and accept all of its terms. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MAY NOT USE OR ACCESS THE PYCKMEE PLATFORM OR ANY OF THE SERVICES PROVIDED THROUGH THE PYCKMEE PLATFORM. If you use the PyckMee Platform in another country, you agree to be subject to PyckMee's terms of service for that country.

1. The PyckMee Platform

The PyckMee Platform provides a marketplace where persons who seek transportation to certain destinations (“Riders”) can be matched with transportation options to such destinations. One option for Riders is to request a ride from rideshare drivers who are driving to or through those destinations (“Drivers”). Drivers and Riders are collectively referred to herein as “Users,” and the driving services provided by Drivers to Riders shall be referred to herein as "Rideshare Services." As a User, you authorize PyckMee to match you with a Driver or Rider based on factors such as your location, the estimated time to pick up, your destination, user preferences, and platform efficiency, and to cancel an existing match and rematch based on the same considerations. Any decision by a User to offer or accept Rideshare Services is a decision made in such User’s sole discretion. Each Rideshare Service provided by a Driver to a Rider shall constitute a separate agreement between such persons.

2. Modification to the Agreement

PyckMee reserves the right to modify the terms and conditions of this Agreement, such modifications shall be binding on you only upon your acceptance of the modified Agreement. PyckMee reserves the right to modify any information on pages referenced in the hyperlinks from this Agreement from time to time, and such modifications shall become effective upon posting. Continued use of the PyckMee Platform or Rideshare Services after any such changes shall constitute your consent to such changes. Unless material changes are made to the arbitration provisions herein, you agree that modification of this Agreement does not create a renewed opportunity to opt-out of arbitration (if applicable).

3. Eligibility

The PyckMee Platform may only be used by individuals who have the right and authority to enter into this Agreement and are fully able and competent to satisfy the terms, conditions, and obligations herein. The PyckMee Platform is not available to users who have had their User account temporarily or permanently deactivated. You may not allow other persons to use your User account, and you agree that you are the sole authorized user of your account. To use the PyckMee Platform, each User shall create a User account. Each person may only create one User account, and PyckMee reserves the right to deactivate any additional or duplicate accounts.

By becoming a User, you represent and warrant that you are at least 18 years old.

If You choose or are provided with, a user name, password, or any other piece of information as part of Our security procedures, You must treat such information as confidential, and You must not disclose it to any other person or entity. Your account is personal to You, and You must not provide any other person with access to the Service or portions of it using Your user name, password, or other security information. You must notify Us immediately of any unauthorized access to or use of Your user name or password or any other breach of security. You must also ensure that You exit from Your account at the end of each session. You will use particular caution when accessing Your account from a public or shared computer so that others are not able to view or record Your password or other personal information.

We have the right to disable any user name, password, or other identifier, whether chosen by You or provided by Us, at any time in Our sole discretion for any or no reason, including if, in Our opinion, You have violated any provision of these Terms of Use.

4. Charges

As a rider, you understand that request or use of Rideshare Services may result in charges to you (“Charges”). Charges for Rideshare Services include Fares and other applicable fees, tolls, surcharges, and taxes to the Driver that you elect to send funds to. PyckMee has the authority and reserves the right to determine and modify pricing by posting or quoting you a price for a specific ride at the time you make a request. You are responsible for reviewing the applicable price quote within the PyckMee app and shall be responsible for all Charges incurred under your User account regardless of your awareness of such Charges or the amounts thereof.

You understand and agree that the use of the Services as a Rider will generally require you to pay a reimbursement of a portion of the costs incurred by a Driver as determined by PyckMee (“Reimbursement”). You agree that you will remit such Reimbursement solely and directly to PyckMee, not to a Driver. You further agree that you shall not give a Driver an amount more than the Reimbursement. After you have received services obtained through your use of the Service, PyckMee will facilitate payment of the applicable Reimbursement on behalf of the Driver, as such Driver’s limited Reimbursement agent, using the preferred payment method designated in your account. Reimbursements paid by you are final and nonrefundable unless otherwise determined by PyckMee. Riders are not liable to Drivers if PyckMee fails to remit your settled Reimbursement to the Driver.

If you are a serving as a Driver, you authorize PyckMee to receive funds from the Rider on your behalf for payment to you and for PyckMee to act as your agent concerning collection and settlement of Reimbursements. Payment of the Reimbursement in such a manner should be considered by the Driver and the Rider the same as a Reimbursement made directly by the Rider to the Driver.

All Reimbursements are due immediately and payment will be facilitated by PyckMee using the preferred payment method designated in your account. If your primary Account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that PyckMee may use a secondary payment method in your account, if available, or recoup payment by some other means.

To facilitate ease of use with the Services, PyckMee may apply the money you accrue in your PyckMee account for Driver Reimbursements or promotions (your “PyckMee Balance”) towards any charges associated with your account, such as Reimbursement you owe as a Rider or cancellation charges you may accrue. Subject to our then-current minimum “cash-out” amount, you may elect to reduce your PyckMee Balance in exchange for money to be deposited into a qualifying bank account designated by you. You acknowledge and agree that PyckMee may combine your PyckMee Balance with other PyckMee Balances, and no interest shall accrue to you from any such balances. If your account is inactive for twelve months or longer, we may deposit your PyckMee Balance into the account designated by you.

PyckMee reserves the right to establish, remove and/or revise Reimbursements for any or all aspects of the Services at any time in PyckMee’s sole discretion. PyckMee also reserves the right to freeze your PyckMee Balance, withhold credits or other payments, suspend or terminate your account, and PyckMee will be entitled to a refund of credits or payments earned via PyckMee if PyckMee determines or believes that you have engaged in a fraudulent activity when using the Services.

From time to time, such as during account registration, PyckMee offers promotional “carpool credits.” These credits have no monetary value and are subject to expiration. You agree that PyckMee’s promotional offers and discounts to other users have no bearing on your use of the Services unless also made directly available to you.

Fees and Other Charges.

Service Fee. You may be charged a “Service Fee” for each ride as outlined in the application.
Cancellation Fee. After requesting a ride, you may cancel it through the app, but note that in certain cases a cancellation fee may apply. You may also be charged if you fail to show up after requesting a ride.
Tolls. In some instances, tolls (or return tolls) may apply to your ride. We do not guarantee that the amount charged by PyckMee will match the toll charged to the Driver if any.
Other Charges. Other fees and surcharges may apply to your ride, including actual or anticipated airport fees, state or local fees, or event fees as determined by PyckMee or its marketing partners. Also, where required by law PyckMee will collect applicable taxes.

General.

Facilitation of Charges. All Charges are facilitated through a third-party payment processor (e.g., First Data, Stripe, Inc., or Braintree, a division of PayPal, Inc.). PyckMee may replace its third-party payment processor without notice to you. Charges shall only be made through the PyckMee Platform. Your payment of Charges to PyckMee satisfies your payment obligation for your use of the PyckMee Platform and Rideshare Services. PyckMee may group multiple charges into a single aggregate transaction on your payment method based on the date(s) they were incurred. If you don't recognize a transaction, then check your ride receipts and payment history.
No Refunds. All Charges are non-refundable. This no-refund policy shall apply at all times regardless of your decision to terminate usage of the PyckMee Platform, any disruption to the PyckMee Platform or Rideshare Services, or any other reason whatsoever.
Coupons. You may receive coupons that you can apply toward payment of certain Charges upon completion of a Ride. Coupons are only valid for use on the PyckMee Platform and are not transferable or redeemable for cash except as required by law. Coupons cannot be combined, and if the cost of your ride exceeds the applicable credit or discount value we will charge your payment method on file for the outstanding cost of the Ride. For quoted or variable fares, PyckMee may deduct the amount attributable to the Service Fee, Tolls, or Other Charges before application of the coupon. Additional restrictions on coupons may apply as communicated to you in a relevant promotion or by clicking on the relevant coupon within the Promotions section of the PyckMee App.

5. Payments

If you are a Driver, you will receive funds for your provision of Rideshare Services pursuant to the terms of the Driver Addendum, which shall form part of this Agreement between you and PyckMee.

6. PyckMee Communications

By entering into this Agreement or using the PyckMee Platform, you agree to receive communications from us, including via e-mail, text message, calls, and push notifications. You agree that texts, calls or prerecorded messages may be generated by automatic telephone dialing systems. Communications from PyckMee, its affiliated companies and/or Drivers, may include but are not limited to: operational communications concerning your User account or use of the PyckMee Platform or Rideshare Services, updates concerning new and existing features on the PyckMee Platform, communications concerning promotions run by us or our third-party partners, and news concerning PyckMee and industry developments. Standard text messaging charges applied by your cell phone carrier will apply to text messages we send.

IF YOU WISH TO OPT OUT OF PROMOTIONAL EMAILS, YOU CAN UNSUBSCRIBE FROM OUR PROMOTIONAL EMAIL LIST BY FOLLOWING THE UNSUBSCRIBE OPTIONS IN THE PROMOTIONAL EMAIL ITSELF. YOU ACKNOWLEDGE THAT YOU ARE NOT REQUIRED TO CONSENT TO RECEIVE PROMOTIONAL TEXTS OR CALLS AS A CONDITION OF USING THE PYCKMEE PLATFORM OR RELATED SERVICES. IF YOU WISH TO OPT OUT OF ALL TEXTS OR CALLS FROM PYCKMEE (INCLUDING OPERATIONAL OR TRANSACTIONAL TEXTS OR CALLS), YOU ACKNOWLEDGE THAT OPTING OUT OF RECEIVING ALL TEXTS MAY IMPACT YOUR USE OF THE PYCKMEE PLATFORM OR RELATED SERVICES.

7. Your Information

Your Information is any information you provide, publish or post to or through the PyckMee Platform (including any profile information you provide) or send to other Users (including via in-application feedback, any email feature, or through any PyckMee-related Facebook, Twitter or other social media posting) (your “Information”). You consent to us using your Information to create a user account that will allow you to use the PyckMee Platform and participate in the Rideshare Services. Our collection and use of personal information in connection with the PyckMee Platform and Rideshare Services is as provided in PyckMee’s Privacy Policy located at [PRIVACY POLICY URL]. You are solely responsible for your Information and your interactions with other members of the public, and we act only as a passive conduit for the online posting of your Information. You agree to provide and maintain accurate, current and complete information and that we and other members of the public may rely on your Information as accurate, current and complete. To enable PyckMee to use your Information for the purposes described in the Privacy Policy and this Agreement, you grant to us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, transferable, sub-licensable (through multiple tiers) right and license to exercise the copyright, publicity, and database rights you have in your Information, and to use, copy, perform, display and distribute such Information to prepare derivative works, or incorporate into other works, such Information, in any media now known or not currently known. PyckMee does not assert any ownership over your Information; rather, as between you and PyckMee, subject to the rights granted to us in this Agreement, you retain full ownership of all of your Information and any intellectual property rights or other proprietary rights associated with your Information.

8. Promotions and Referrals

PyckMee, at its sole discretion, may make available promotions and referral programs with different features to any Users or prospective Users. These promotions and programs, unless made to you, shall have no bearing whatsoever on your Agreement or relationship with PyckMee. PyckMee reserves the right to withhold or deduct credits or benefits obtained through a promotion or program in the event that PyckMee determines or believes that the redemption of the promotion or receipt of the credit or benefit was in error, fraudulent, illegal, or in violation of the applicable promotion or program terms or this Agreement. PyckMee reserves the right to terminate, discontinue or cancel any promotions or programs at any time and in its sole discretion without notice to you.

9. Restricted Activities

With respect to your use of the PyckMee Platform and your participation in the Rideshare Services, you agree that you will not:

impersonate any person or entity;
stalk, threaten, or otherwise harass any person, or carry any weapons;
violate any law, statute, rule, permit, ordinance or regulation;
interfere with or disrupt the PyckMee Platform or the servers or networks connected to the PyckMee Platform;
post Information or interact on the PyckMee Platform or Rideshare Services in a manner which is fraudulent, libelous, abusive, obscene, profane, sexually-oriented, harassing, or illegal;
use the PyckMee Platform in any way that infringes any third party’s rights, including intellectual property rights, copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
post, email or otherwise transmit any malicious code, files or programs designed to interrupt, damage, destroy or limit the functionality of the PyckMee Platform or any computer software or hardware or telecommunications equipment or surreptitiously intercept or expropriate any system, data or personal information;
forge headers or otherwise manipulate identifiers to disguise the origin of any information transmitted through the PyckMee Platform;
“frame” or “mirror” any part of the PyckMee Platform, without our prior written authorization or use meta tags or code or other devices containing any reference to us to direct any person to any other web site for any purpose;
modify, adapt, translate, reverse engineer, decipher, decompile or otherwise disassemble any portion of the PyckMee Platform;
rent, lease, lend, sell, redistribute, license or sublicense the PyckMee Platform or access to any portion of the PyckMee Platform;
use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, scrape, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the PyckMee Platform or its contents;
link directly or indirectly to any other web sites;
transfer or sell your User account, password and/or identification, or any other User's Information to any other party;
discriminate against or harass anyone based on race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation;
violate any of the Referral Program rules if you participate in the Referral Program; or
cause any third party to engage in the restricted activities above.

You may use the Service only for lawful purposes and in accordance with these Terms of Use. You must not use the Service:

In any way that violates any applicable federal, state, local, or international law or regulation (including any laws regarding the export of data or software to and from the US or other countries);
For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise;
To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards set out in these Terms of Use;
To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation;
To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including by using e-mail addresses or screen names associated with any of the foregoing); and
To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Service, or that, as determined by Us, may harm the Company or users of the Service or expose them to liability.

Additionally, You must not:

Use the Service in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Service, including the ability to engage in real-time activities through the Service;
Use any robot, spider or other automatic device, process, or means to access the Service for any purpose, including monitoring or copying any of the material on the Service;
Use any manual process to monitor or copy any of the material on the Service or for any other unauthorized purpose without Our prior written consent;
Use any device, software, or routine that interferes with the proper working of the Service;
Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Service, the server on which the Service is stored, or any server, computer, or database connected to the Service;
Attack the Service via a denial-of-service attack or a distributed denial-of-service attack; and
Otherwise, attempt to interfere with the proper working of the Service.

10. Driver Representations, Warranties and Agreements

By providing Rideshare Services as a Driver on the PyckMee Platform, you represent, warrant, and agree that:

You possess a valid driver’s license and are authorized and medically fit to operate a motor vehicle and have all appropriate licenses, approvals, and authority to provide transportation to Riders in all jurisdictions in which you provide Rideshare Services.
You own, or have the legal right to operate, the vehicle you use when providing Rideshare Services; such vehicle is in good operating condition and meets the industry safety standards and all applicable statutory and state department of motor vehicle requirements for a vehicle of its kind, and any applicable safety recalls have been remedied per manufacturer's instructions.
You will not engage in reckless behavior while driving, drive unsafely, operate a vehicle that is unsafe to drive, permit an unauthorized third party to accompany you in the vehicle while providing Rideshare Services, Rideshare provide Services as a Driver while under the influence of alcohol or drugs, or take action that harms or threatens to harm the safety of the PyckMee community or third parties.
You will only provide Rideshare Services using the vehicle that has been reported to, and approved by PyckMee, and for which a photograph has been provided to PyckMee, and you will not transport more passengers than can securely be seated in such vehicle (and no more than seven (7) passengers in any instance).
You will not, while providing the Rideshare Services, operate as a public or common carrier or taxi service, accept street hails, charge for rides (except as expressly provided in this Agreement), demand that a rider pay in cash, or use a credit card reader, such as a Square Reader, to accept payment or engage in any other activity in a manner that is inconsistent with your obligations under this Agreement.
You will not attempt to defraud PyckMee or Riders on the PyckMee Platform or in connection with your provision of Rideshare Services. If we suspect that you have engaged in fraudulent activity, we may withhold applicable Fares or other payments for the ride(s) in question and take any other action against you available under the law.
You will not discriminate against Riders with disabilities. You will make responsible accommodation as required by law for Riders who travel with their service animals or who use wheelchairs (or other mobility devices) that can be folded for safe and secure storage in the car's trunk or backseat.
You agree that we may obtain information about you, including your criminal and driving records, and you agree to provide any further necessary authorizations to facilitate our access to such records during the term of the Agreement.
You have a valid policy of liability insurance (in coverage amounts consistent with all applicable legal requirements) that names or schedules you for the operation of the vehicle you use to provide Rideshare Services.
You will pay all applicable federal, state and local taxes based on your provision of Rideshare Services and any payments received by you.

11. Intellectual Property

All intellectual property rights in the PyckMee Platform shall be owned by PyckMee absolutely and in their entirety. These rights include database rights, copyright, design rights (whether registered or unregistered), trademarks (whether registered or unregistered) and other similar rights wherever existing in the world together with the right to apply for protection of the same. All other trademarks, logos, service marks, company or product names outlined in the PyckMee Platform are the property of their respective owners. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information (“Submissions”) provided by you to us are non-confidential and shall become the sole property of PyckMee. PyckMee shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

PYCKMEE and other PyckMee logos, designs, graphics, icons, scripts, and service names are registered trademarks, trademarks or trade dress of PyckMee in the United States and/or other countries (collectively, the “PyckMee Marks”). If you provide Rideshare Services as a Driver, PyckMee grants to you, during the term of this Agreement, and subject to your compliance with the terms and conditions of this Agreement, a limited, revocable, non-exclusive license to display and use the PyckMee Marks solely on the PyckMee stickers/decals, and any other PyckMee-Branded items provided by PyckMee directly to you in connection with providing the Rideshare Services ("License"). The License is non-transferable and non-assignable, and you shall not grant to any third party any right, permission, license or sublicense with respect to any of the rights granted hereunder without PyckMee’s prior written permission, which it may withhold in its sole discretion. The PyckMee logo (or any PyckMee Marks) may not be used in any manner that is likely to cause confusion, including but not limited to: use of a PyckMee Mark in a domain name or PyckMee referral code, or use of a PyckMee Mark as a social media handle or name, avatar, profile photo, icon, favicon, or banner. You may identify yourself as a Driver on the PyckMee Platform but may not misidentify yourself as PyckMee, an employee of PyckMee, or a representative of PyckMee.

You acknowledge that PyckMee is the owner and licensor of the PyckMee Marks, including all goodwill associated therewith, and that your use of the PyckMee logo (or any PyckMee Marks) will confer no interest in or ownership of the PyckMee Marks in you but rather inures to the benefit of PyckMee. You agree to use the PyckMee logo strictly in accordance with PyckMee’s Trademark Usage Guidelines, as may be provided to you and revised from time to time, and to immediately cease any use that PyckMee determines to nonconforming or otherwise unacceptable.

You agree that you will not: (1) create any materials that use the PyckMee Marks or any derivatives of the PyckMee Marks as a trademark, service mark, trade name or trade dress, other than as expressly approved by PyckMee in writing; (2) use the PyckMee Marks in any way that tends to impair their validity as proprietary trademarks, service marks, trade names or trade dress, or use the PyckMee Marks other than in accordance with the terms, conditions, and restrictions herein; (3) take any other action that would jeopardize or impair PyckMee’s rights as owner of the PyckMee Marks or the legality and/or enforceability of the PyckMee Marks, including, challenging or opposing PyckMee’s ownership in the PyckMee Marks; (4) apply for trademark registration or renewal of trademark registration of any of the PyckMee Marks, any derivative of the PyckMee Marks, any combination of the PyckMee Marks and any other name, or any trademark, service mark, trade name, symbol or word which is similar to the PyckMee Marks; (5) use the PyckMee Marks on or in connection with any product, service or activity that is in violation of any law, statute, government regulation or standard.

Violation of any provision of this License may result in immediate termination of the License, in PyckMee’s sole discretion, a takedown request sent to the appropriate ISP, or social media platform, and/or a Uniform Domain-Name Dispute-Resolution Policy Proceeding (or equivalent proceeding). If you create any materials (physical or digital) bearing the PyckMee Marks (in violation of this Agreement or otherwise), you agree that upon their creation PyckMee exclusively owns all right, title and interest in and to such materials, including any modifications to the PyckMee Marks or derivative works based on the PyckMee Marks or PyckMee copyrights. You further agree to assign any interest or right you may have in such materials to PyckMee, and to provide information and execute any documents as reasonably requested by PyckMee to enable PyckMee to formalize such assignment.

PyckMee respects the intellectual property of others and expects Users to do the same. If you believe, in good faith, that any materials on the PyckMee Platform infringe upon your copyrights, please contact us at pyckmee.help@gmail.com

12. Disclaimers

The following disclaimers are made on behalf of PyckMee, our affiliates, subsidiaries, parents, successors and assign, and each of our respective officers, directors, employees, agents, and shareholders.

PyckMee does not provide transportation services, and PyckMee is not a transportation carrier. PyckMee is not a common carrier or public carrier. It is up to the Driver to decide whether or not to offer a ride to a Rider contacted through the PyckMee Platform, and it is up to the Rider to decide whether or not to accept a ride from any Driver contacted through the PyckMee Platform. We cannot ensure that a Driver or Rider will complete an arranged transportation service. We have no control over the quality or safety of the transportation that occurs as a result of the Rideshare Services.

The PyckMee Platform is provided on an “as is” basis and without any warranty or condition, express, implied or statutory. We do not guarantee and do not promise any specific results from use of the PyckMee Platform and/or the Rideshare Services, including the ability to provide or receive Rideshare Services at any given location or time. To the fullest extent permitted by law, we specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.

We do not warrant that your use of the PyckMee Platform or Rideshare Services will be accurate, complete, reliable, current, secure, uninterrupted, always available, or error-free, or will meet your requirements, that any defects in the PyckMee Platform will be corrected, or that the PyckMee Platform is free of viruses or other harmful components. We disclaim liability for, and no warranty is made with respect to, connectivity and availability of the PyckMee Platform or Rideshare Services.

We cannot guarantee that each Rider is who he or she claims to be. Please use common sense when using the PyckMee Platform and Rideshare Services, including looking at the photos of the Driver or Rider you have matched with to make sure it is the same individual you see in person. Please note that there are also risks of dealing with underage persons or people acting under false pretense, and we do not accept responsibility or liability for any content, communication or other use or access of the PyckMee Platform by persons under the age of 18 in violation of this Agreement. We encourage you to communicate directly with each potential Driver or Rider before engaging in an arranged transportation service.

PyckMee is not responsible for the conduct, whether online or offline, of any User of the PyckMee Platform or Rideshare Services. You are solely responsible for your interactions with other Users. We do not procure insurance for, nor are we responsible for, personal belongings left in the car by Drivers or Riders. By using the PyckMee Platform and participating in the Rideshare Services, you agree to accept such risks and agree that PyckMee is not responsible for the acts or omissions of Users on the PyckMee Platform or participating in the Rideshare Services.

You are responsible for the use of your User account and PyckMee expressly disclaims any liability arising from the unauthorized use of your User account. Should you suspect that any unauthorized party may be using your User account or you suspect any other breach of security, you agree to notify us immediately.

It is possible for others to obtain information about you that you provide, publish or post to or through the PyckMee Platform (including any profile information you provide), send to other Users, or share during the Rideshare Services, and to use such information to harass or harm you. We are not responsible for the use of any personal information that you disclose to other Users on the PyckMee Platform or through the Rideshare Services. Please carefully select the type of information that you post on the PyckMee Platform or through the Rideshare Services or release it to others. We disclaim all liability, regardless of the form of action, for the acts or omissions of other Users (including unauthorized users, or “hackers”).

Opinions, advice, statements, offers, or other information or content concerning PyckMee or made available through the PyckMee Platform, but not directly by us, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. Under no circumstances will we be responsible for any loss or damage resulting from your reliance on information or other content posted by third parties, whether on the PyckMee Platform or otherwise. We reserve the right, but we have no obligation, to monitor the materials posted on the PyckMee Platform and remove any such material that in our sole opinion violates, or is alleged to violate, the law or this agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Users or others.

Location data provided by the PyckMee Platform is for basic location purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate or incomplete location data may lead to death, personal injury, property or environmental damage. Neither PyckMee, nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of location data tracked or displayed by the PyckMee Platform. Any of your Information, including geolocational data, you upload, provide, or post on the PyckMee Platform may be accessible to PyckMee and certain Users of the PyckMee Platform.

PyckMee advises you to use the PyckMee Platform with a data plan with unlimited or very high data usage limits, and PyckMee shall not be responsible or liable for any fees, costs, or overage charges associated with any data plan you use to access the PyckMee Platform.

This paragraph applies to any version of the PyckMee Platform that you acquire from the Apple App Store. This Agreement is entered into between you and PyckMee. Apple, Inc. (“Apple”) is not a party to this Agreement and shall have no obligations with respect to the PyckMee Platform. PyckMee, not Apple, is solely responsible for the PyckMee Platform and the content thereof as set forth hereunder. However, Apple and Apple’s subsidiaries are third party beneficiaries of this Agreement. Upon your acceptance of this Agreement, Apple shall have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary thereof. This Agreement incorporates by reference Apple’s Licensed Application End User License Agreement, for purposes of which, you are “the end-user.” In the event of a conflict in the terms of the Licensed Application End User License Agreement and this Agreement, the terms of this Agreement shall control.

13. Indemnity

You will defend, indemnify, and hold PyckMee including our affiliates, subsidiaries, parents, successors and assigns, and each of our respective officers, directors, employees, agents, or shareholders harmless from any claims, actions, suits, losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of the PyckMee Platform and participation in the Rideshare Services, including: (1) your breach of this Agreement or the documents it incorporates by reference; (2) your violation of any law or the rights of a third party, including, Drivers, Riders, other motorists, and pedestrians, as a result of your interaction with such third party; (3) any allegation that any materials that you submit to us or transmit through the PyckMee Platform or to us infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; (4) your ownership, use or operation of a motor vehicle or passenger vehicle, including your provision of Rideshare Services as a Driver; and/or (5) any other activities in connection with the Rideshare Services. This indemnity shall be applicable without regard to the negligence of any party, including any indemnified person.

14. Limitation of Liability

IN NO EVENT WILL PYCKMEE, INCLUDING OUR AFFILIATES, SUBSIDIARIES, PARENTS, SUCCESSORS AND ASSIGNS, AND EACH OF OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SHAREHOLDERS (COLLECTIVELY “PYCKMEE” FOR PURPOSES OF THIS SECTION), BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING DAMAGES FOR DELETION, CORRUPTION, LOSS OF DATA, LOSS OF PROGRAMS, FAILURE TO STORE ANY INFORMATION OR OTHER CONTENT MAINTAINED OR TRANSMITTED BY THE PYCKMEE PLATFORM, SERVICE INTERRUPTIONS, OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES) ARISING OUT OF OR IN CONNECTION WITH THE PYCKMEE PLATFORM, THE RIDESHARE SERVICES, OR THIS AGREEMENT, HOWEVER ARISING INCLUDING NEGLIGENCE, EVEN IF WE OR OUR AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE PYCKMEE PLATFORM MAY BE USED BY YOU TO REQUEST AND SCHEDULE TRANSPORTATION, GOODS, OR OTHER SERVICES WITH THIRD PARTY PROVIDERS, BUT YOU AGREE THAT PYCKMEE HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY TRANSPORTATION, GOODS OR OTHER SERVICES PROVIDED TO YOU BY THIRD-PARTY PROVIDERS OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT. CERTAIN JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

By using the services, you agree to the following informed consent, waiver and release:

You hereby release, waive, and forever discharge PyckMee, its Affiliated Partners, and their officers, directors, employees, agents, suppliers, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to any disputes you may have with other users or third parties and/or our damages, injury, death, destruction of property or other losses resulting from your use of the Services, including actions, claims, or demands resulting in whole or in part from the negligence or gross negligence of PyckMee, any Affiliated Partner, or their officers, directors, employees, agents, suppliers, and successors.

If you are a California resident, you shall and hereby do waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which, if known by him or her must have materially affected his or her settlement with the debtor."

15. Term and Termination

This Agreement is effective upon your creation of a User account. This Agreement may be terminated: a) by User, without cause, upon seven (7) days’ prior written notice to PyckMee; or b) by either Party immediately, without notice, upon the other Party’s material breach of this Agreement, including but not limited to any breach of Section 9 or breach of Section 10(a) through (i) of this Agreement. In addition, PyckMee may terminate this Agreement or deactivate your User account immediately in the event: (1) you no longer qualify to provide Rideshare Services or to operate the approved vehicle under applicable law, rule, permit, ordinance or regulation; (2) you fall below PyckMee’s star rating or cancellation threshold; (3) PyckMee has the good faith belief that such action is necessary to protect the safety of the PyckMee community or third parties, provided that in the event of a deactivation pursuant to (1)-(3) above, you will be given notice of the potential or actual deactivation and an opportunity to attempt to cure the issue to PyckMee’s reasonable satisfaction before PyckMee permanently terminating the Agreement. For all other breaches of this Agreement, you will be provided notice and an opportunity to cure the breach. If the breach is cured promptly and to PyckMee’s satisfaction, this Agreement will not be permanently terminated. Sections 2, 6, 7 (with respect to the license), 11-12, 14-19, and 21 shall survive any termination or expiration of this Agreement.

16. DISPUTE RESOLUTION AND ARBITRATION

At Company’s sole discretion, it may require You to submit any disputes arising from the use of these Terms of Use or the Service, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association, applying Pennsylvania law.

17. Confidentiality

You agree not to use any technical, financial, strategic and other proprietary and confidential information relating to PyckMee’s business, operations, and properties, information about a User made available to you in connection with such User’s use of the Platform, which may include the User’s name, pick-up location, contact information and photo (“Confidential Information”) disclosed to you by PyckMee for your use or for any purpose other than as contemplated herein. You shall not disclose or permit disclosure of any Confidential Information to third parties, and you agree not to store separate and outside of the PyckMee Platform any User Information obtained from the PyckMee Platform. As a Driver, you understand that some of Rider Information you receive may be protected by federal and/or state confidentiality laws, such as the Health Information Portability and Accountability Act of 1996 ("HIPAA"), governing the privacy and security of protected (patient) health information. If you know a Rider, you should not disclose to anyone the identity of the Rider or the location that you picked up, or dropped off the Rider as this could violate HIPAA. You understand that any violation of the Agreement's confidentiality provisions may violate HIPAA or state confidentiality laws and could result in civil or criminal penalties against you. You agree to take all reasonable measures to protect the secrecy of and avoid disclosure or use of Confidential Information of PyckMee to prevent it from falling into the public domain. Notwithstanding the above, you shall not have liability to PyckMee with regard to any Confidential Information which you can prove: was in the public domain at the time it was disclosed by PyckMee or has entered the public domain through no fault of yours; was known to you, without restriction, at the time of disclosure, as demonstrated by files in existence at the time of disclosure; is disclosed with the prior written approval of PyckMee; becomes known to you, without restriction, from a source other than PyckMee without breach of this Agreement by you and otherwise not in violation of PyckMee’s rights; or is disclosed pursuant to the order or requirement of a court, administrative agency, or other governmental body; provided, however, that You shall provide prompt notice of such court order or requirement to PyckMee to enable PyckMee to seek a protective order or otherwise prevent or restrict such disclosure.

18. Relationship with PyckMee

As a Driver on the PyckMee Platform, you acknowledge and agree that you and PyckMee are in a direct business relationship, and the relationship between the parties under this Agreement is solely that of independent contracting parties. You and PyckMee expressly agree that (1) this is not an employment agreement and does not create an employment relationship between you and PyckMee; and (2) no joint venture, franchisor-franchisee, partnership, or agency relationship is intended or created by this Agreement. You have no authority to bind PyckMee, and you undertake not to hold yourself out as an employee, agent or authorized representative of PyckMee.

PyckMee does not, and shall not be deemed to, direct or control you generally or in your performance under this Agreement specifically, including in connection with your provision of Rideshare Services, your acts or omissions, or your operation and maintenance of your vehicle. You retain the sole right to determine when, where, and for how long you will utilize the PyckMee Platform. You retain the option to accept or to decline or ignore a Rider’s request for Rideshare Services via the PyckMee Platform, or to cancel an accepted request for Rideshare Services via the PyckMee Platform, subject to PyckMee’s then-current cancellation policies. With the exception of any signage required by law or permit/license rules or requirements, PyckMee shall have no right to require you to (a) display PyckMee’s names, logos or colors on your vehicle(s); or (b) wear a uniform or any other clothing displaying PyckMee’s names, logos or colors. You acknowledge and agree that you have complete discretion to provide Rideshare Services or otherwise engage in other business or employment activities.

19. Other Services

In addition to connecting Riders with Drivers, the PyckMee Platform may enable Users to provide or receive services from other third parties. For example, Users may be able to use the PyckMee Platform to plan and reserve rides on public transportation, take a ride in an autonomous vehicle provided by a third party, rent vehicles, or obtain financial services provided by third parties (collectively, the “Other Services”). You understand and that the Other Services are subject to the terms and pricing of the third-party provider. If you choose to purchase Other Services through the PyckMee Platform, you authorize PyckMee to charge your payment method on file according to the pricing terms set by the third-party provider. You agree that PyckMee is not responsible and may not be held liable for the Other Services or the actions or omissions of the third-party provider. Such Other Services may not be investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Other Services accessed through the PyckMee Platform.

20. General

This Agreement shall be governed by the laws of the State of Pennsylvania without regard to choice of law principles. This choice of law provision is only intended to specify the use of Pennsylvania law to interpret this Agreement and is not intended to create any other substantive right to non- Pennsylvania s to assert claims under Pennsylvania law whether by statute, common law, or otherwise. If any provision of this Agreement is or becomes invalid or non- binding, the parties shall remain bound by all other provisions of this Agreement. In that event, the parties shall replace the invalid or non-binding provision with provisions that are valid and binding and that have, to the greatest extent possible, a similar effect as the invalid or non-binding provision, given the contents and purpose of this Agreement. You agree that this Agreement and all incorporated agreements may be automatically assigned by PyckMee, in our sole discretion by providing notice to you. Except as explicitly stated otherwise, any notices to PyckMee shall be given by certified mail, postage prepaid and return receipt requested to PyckMee Technologies LLC, 232 Ann Street, Apt. 13, Middletown, PA 17057. Any notices to you shall be provided to you through the PyckMee Platform or given to you via the email address or physical you provide to PyckMee during the registration process. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. The words “include”, “includes” and “including” are deemed to be followed by the words “without limitation”. A party’s failure to act with respect to a breach by the other party does not constitute a waiver of the party’s right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between you and PyckMee with respect to the subject matter hereof and supersedes all previous understandings and agreements between the parties, whether oral or written.

If you have any questions regarding the PyckMee Platform or Rideshare Services, please contact us at pyckmee.help@gmail.com