TERMS & CONDITIONS

Please read these Terms and Conditions carefully before using the website www.yoweby.com

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.

These terms of service constitute a legally binding agreement (the “Agreement”) between you and Yoweby.(“Yoweby,” “we,” “us” or “our”) governing your use of the Yoweby application, website, and technology platform.

PLEASE BE ADVISED:

THIS AGREEMENT CONTAINS PROVISIONS THAT GOVERN HOW CLAIMS YOU AND YOWEBY HAVE AGAINST EACH OTHER CAN BE BROUGHT. THESE PROVISIONS WILL, WITH LIMITED EXCEPTION, REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST YOWEBY TO BINDING AND FINAL ARBITRATION ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, GROUP OR REPRESENTATIVE ACTION OR PROCEEDING. AS A DRIVER OR DRIVER APPLICANT, YOU HAVE AN OPPORTUNITY TO OPT OUT OF ARBITRATION WITH RESPECT TO CERTAIN CLAIMS.

By entering into to this Agreement, and/or by using or accessing the Yoweby platform you expressly acknowledge that you understand this Agreement (including the dispute resolution and arbitration provisions in Section 17) and accept all of its terms. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MAY NOT USE OR ACCESS THE YOWEBY PLATFORM. If you use the services of Yoweby or its affiliates in another country, by using the Yoweby Platform in that country you agree to be subject to Yoweby’s terms of service for that country.

The Platform

The Yoweby Platform provides a marketplace where persons who seek transportation to certain destinations (“Riders”) can be matched with persons driving to or through those destinations (“Drivers”). Drivers and Riders are collectively referred to herein as “Users,” and each User shall create a User account that enables access to the Yoweby Platform. Each person may only create one User account, and Yoweby reserves the right to shut down any additional accounts. As a User, you authorize Yoweby to match you with a Driver or Rider based on factors such as your location, the estimated time to pickup, your destination, user preferences, and platform efficiency, and to cancel an existing match and rematch based on the same considerations. Each transportation Service provided by a Driver to a Rider shall constitute a separate agreement between such persons.

Modification to the Agreement

In the event Yoweby modifies the terms and conditions of this Agreement, such modifications shall be binding on you only upon your acceptance of the modified Agreement. Yoweby reserves the right to modify any information referenced in the hyperlinks from this Agreement from time to time, and such modifications shall become effective upon posting. Continued use of the Yoweby Platform or 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).

Eligibility

The Yoweby Platform may only be used by individuals who can form legally binding contracts under applicable law. The Platform is not available to children (persons under the age of 18) or Users who have had their User account temporarily or permanently deactivated. By becoming a User, you represent and warrant that you are at least 18 years old and that you have the right, authority and capacity to enter into and abide by the terms and conditions of this Agreement.

Charges

As a Rider, you understand that request or use of the Services may result in charges to you. Charges include Fares and other applicable fees, tolls, surcharges, and taxes as set forth on your market’s Cities page plus any tips to the Driver that you elect to pay. Yoweby has the authority and reserves the right to determine and modify pricing by posting applicable pricing terms to your market’s Yoweby Cities page or quoting you a price for a specific ride at the time you make a request. Pricing may vary based on the type of service you request as described on your market’s cities page.

There are two types of fares, variable and quoted.
• Variable Fares:

Variable fares consist of a base charge and incremental charges based on the duration and distance of your ride. For particularly short rides, minimum fares may apply. Please note that we use GPS data from your Driver’s phone to calculate the distance traveled on your ride. We cannot guarantee the availability or accuracy of GPS data. If we lose signal we will calculate time and distance using available data from your ride.

• Quoted Fares:

In some cases Yoweby may quote you a Fare at the time of your request. The quote is subject to change until the ride request is confirmed. If during your ride you change your destination, make multiple stops, or attempt to abuse the Yoweby Platform, we may cancel the fare quote and charge you a variable fare based on the time and distance of your ride. Yoweby does not guarantee that the quoted fare price will be equal to a variable fare for the same ride.

Fees and Other Charges
• Service Fee:

You may be charged a “Service Fee” for each ride as set forth

• Prime Time:

At times of high demand for Services (“Prime Time”) you acknowledge that Charges may increase substantially. For all rides with a variable fare, we will use reasonable efforts to inform you of any Prime Time multipliers in effect at the time of your request. For quoted fares we may factor in the Prime Time multiplier into the quoted price of the ride.

• Cancellation Fee:

After requesting a ride you may cancel it through the app, but note that in certain cases a cancellation fee may apply. You may also be charged if you fail to show up after requesting a ride. Please check out our Help Center to learn the Cancellation policy.

• Damage Fee:

If a Driver reports that you have materially damaged the Driver's vehicle, you agree to pay a “Damage Fee”.

• Other Charges:

Other fee and surcharges may apply to your ride, including: actual or anticipated airport fees, state or local fees, event fees as determined by Yoweby.

General
• Facilitation of Charges:

All Charges are facilitated through a third-party payment processing service (e.g., Stripe, Inc., or Braintree, a division of PayPal, Inc.). Yoweby may replace its third-party payment processing services without notice to you. Charges shall only be made through the Yoweby Platform. With the exception of tips, cash payments are strictly prohibited. Your payment of Charges to Yoweby satisfies your payment obligation for your use of the Platform and Services.

• 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 Yoweby 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.

• Credit Card Authorization:

Upon addition of a new payment method or each ride request, Yoweby may seek authorization of your selected payment method to verify the payment method, ensure the ride cost will be covered, and protect against unauthorized behavior.

Payments

By entering into this Agreement or using the 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 Yoweby, its affiliated companies and/or Drivers, may include but are not limited to: operational communications concerning your User account or use of the Yoweby Platform or Services, updates concerning new and existing features on the Yoweby Platform, communications concerning promotions run by us or our third-party partners, and news concerning Yoweby and industry developments. Standard text messaging charges applied by your cell phone carrier will apply to text messages we send.