(Last revised 10/22/2021)
Access to and use of the Ridewith App, our website at https://www.ridewith.app/# and any corresponding services (collectively, the “App”) is preconditioned on and subject to the following terms and conditions (“Terms”) which form a binding agreement between you (“user” or “you”) and Bala Technologies LLC (“Company”, “us”, “our” and “we”). You may not use the App or accept the Terms if you are not at least 18 years old. If you do not agree with the provisions of these Terms, do not access and/or use the App.
The App is a platform to allow users to connect with other users to communicate about ride sharing by posting a ride or responding to another user’s ride post. We offer suggestions for optimal routes and fare-splitting. Once connected through the App, it is up to the users to arrange the actual ride sharing, including, without limitation, scheduling, destination, mode of transportation and payment or reimbursement. Users can also rate their experience with other users through the App. Company is not a party to and has no responsibility for arrangements made between riders, but simply offers a platform for potential ride sharers to find and communicate with each other.
User Profile/Premium Membership.
You must create a user profile to use the App. You must provide certain information about yourself as prompted in the App, such as your name, profile photo, email address and phone number. It is free to download the App, look for riders and post rides. Once you want to connect with a potential ride sharer, we require you to be a Premium Member at a nominal yearly or monthly price as set forth in the App. We currently have two subscriptions service choices available that auto-renew: Premium Yearly (at $4.99 a year) and Premium Monthly (at $1.99 a month).
Data Use Consent.
You may only use the App for lawful, non-commercial purposes. You agree not to use the App to:
- Violate any of the Community Guidelines posted in the App;
- Violate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;
- Invade another’s privacy, harass, be abusive, threaten or engage in harmful or unlawful activity or upload or transmit material that is vulgar, defamatory, false, intentionally misleading, libelous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual or is otherwise objectionable;
- Violate any law, regulation, or obligations or restrictions imposed by any third party;
- Attempt to introduce any computer viruses, worms, or any software intended to damage or alter a computer system or data;
- Interfere with, disrupt, or create an undue burden on servers or networks connected to the App, or violate the regulations, policies or procedures of such networks;
- Create or use multiple profiles to abuse these Terms, circumvent filters or otherwise subvert any restriction placed on your profile;
- Attempt to gain unauthorized access to the App (or to other computer systems or networks connected to or used together with the App), whether through password mining or any other means;
- Harass or interfere with any other user’s use and enjoyment of the App.
We reserve the right (but have no obligation) to review your activities on or through the App, and to investigate and/or take appropriate action against you in our sole discretion if you violate these Terms or otherwise create liability for us or any other person. Such action may include, but are not limited to terminating your profile, barring you from using the App and reporting you to law enforcement authorities.
Each user is solely responsible for all of its own activities on or through the App. We make no guarantees regarding the accuracy, currency, suitability, or quality of any user content on the App. Your interactions with other users are solely between you and such users. You agree that Company will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any Site user, we are under no obligation to become involved.
You hereby release and forever discharge the Company (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the App (including any interactions with, or act or omission of, other App users or any third-party links or advertisements). IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “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.”
THE APP PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS, AND COMPANY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT.
COMPANY IS NOT RESPONSBILE FOR ANY PHONE-RELATED CHARGES USER MAY INCUR, INCLUDING WITHOUT LIMITATION, ANY FEES RELATING TO INTERNET CONNECTION OR DATA USAGE.
COMPANY IS NOT RESPONSIBLE FOR THE ACCURACY OR COMPLETENESS OF Information made available through the App about third party services, such as RATES FROM transportation platforms or apps. THIS INFORMATION is estimated and may vary from actual information available directly from such third parties.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION SHALL ONLY APPLY TO YOU TO THE EXTENT PERMITTED BY APPLICABLE LAW.
Limitation on Liability.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY (OR OUR SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST DATA, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE APP, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SITE IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO A MAXIMUM OF FIFTY US DOLLARS (U.S. $50). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION SHALL ONLY APPLY TO YOU TO THE EXTEXT PERMITTED BY APPLICABLE LAW.
OWNERSHIP AND LIMITED LICENSE.
All right, title and interest in and to the App, including all user accounts, information, software, text, displays, images, video and audio and the design, selection and arrangement thereof and its underlying technology vests exclusively in Company and its licensors, except to the extent that any such material is public domain or available as fair use. Users acquire no ownership interest in or to the App. Company grants User a limited, personal, revocable, nonexclusive, non-transferable and non-sub-licenseable right to download and use the App on User’s iOS (or, in the future, Android) mobile device, solely in compliance with these Terms. Company reserves the right to update the App at any time within Company’s sole and complete discretion.
Term and Termination.
Subject to this Section, these Terms will remain in full force and effect while you use the App. We may suspend or terminate your rights to use the App at any time for any reason at our sole discretion, including for any use of the App in violation of these Terms. Upon termination of your rights under these Terms, your profile and right to access and use the Site and the Services will terminate immediately. You understand that any termination of your Account may involve deletion of your user content associated with your Account from our live databases. Company will not have any liability whatsoever to you for any termination of your rights under these Terms, including for termination of your Account or deletion of your User Content. Even after your rights under these Terms are terminated, the following provisions of these Terms will remain in effect: Sections 2 through 8 and Section 10.
Governing Law and Jurisdiction
These Terms are governed by the laws of the State of California without reference to its conflict of law provisions. User agrees that any dispute related to the Terms and/or use of the Site shall be brought in the United States District Court for the Central District of California or the state courts in Santa Clara County, California and User waives any claim that such courts do not have personal jurisdiction or are an inconvenient forum.
Company may assign its rights and obligations under these Terms, in whole or in part, without notice to Users, at any time.
These Terms constitute the entire agreement between Users and Company with respect to the Site and it supersedes all prior or contemporaneous communications. Company reserves the right to modify these Terms and will notify Users via email of any material changes to the Terms. User’s continued use of the Site constitutes acceptance of the modified Terms.