Terms of Use

a. The Services are comprised of the App and related services which enable users to arrange and vehicle transportation to and from certain destinations on Freebee Vehicles. Freebee Vehicles (each, a “Vehicle”, and collectively, the “Vehicles”) may be customized by Freebee with marketing content (“Content”) on behalf of one or more of Freebee’s advertising partners (each, an “Advertiser”). Each Vehicle may have one or more sponsor Advertisers, who may provide Content or other marketing materials to User during a ride. An Advertiser may request information from Users, such as contact information or survey responses for marketing purposes, but each User is free to decline to provide such information. Each Advertiser is an independent contractor of Freebee, and there is no employment, partnership, joint venture, or agency relationship between the Advertisers and Freebee. Content included in or on a Vehicle does not imply that Freebee agrees with such Content or an Advertiser’s products and services, and Freebee will not be responsible or liable for any Content or any products or services provided by an Advertiser.

b. Users are not under any obligation to provide any compensation to the Vehicle’s driver. However, following a ride, a user may elect to tip the Vehicle’s Driver in cash. Any tips will be provided entirely to and retained entirely by the applicable Driver.

c. USER AGREES THAT FREEBEE WILL HAVE NO LIABILITY WITH RESPECT TO ANY TRANSPORTATION SERVICES PROVIDED TO USER USING A FREEBEE VEHICLE OR BY A FREEBEE DRIVER, OTHER THAN AND EXCEPT TO THE EXTENT SPECIFICALLY SET FORTH HEREIN.

Freebee reserves the right to amend the Terms of Use, and to modify, add or discontinue any aspect, content, or feature of the App. Such amendments, modifications, additions and/or deletions shall become effective upon notice thereof, which may be provided to you by posting on the App, via e-mail or any other means. You agree to review the Terms of Use periodically and your continued use of the App following such modification will indicate your acceptance of any modified Terms of Use. Continued use of the App and Services after any such changes shall constitute your consent to such changes. If you do not agree with the modified Terms of Use, your sole and exclusive remedy is to discontinue using the App. Freebee may also impose limits on certain features and services or restrict your access to parts or all the Services without notice or liability.

a. Freebee may only be used by Users 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. Freebee 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 Freebee Platform, each User shall create a User account. Each person may only create one User account, and Freebee 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.

b. If you are the parent or legal guardian of a minor, you may create a Freebee account for such minor to use Freebee. The following requirements and restrictions apply: (a) you ensure that the minor’s use of Freebee is limited solely to accessing Freebee services, (b) you determine that Freebee services are suitable for the minor, (c) you ensure that the minor’s use of Freebee and its services is done in compliance and acknowledgement of all applicable safety instructions and warnings in this Agreement, (d) you ensure that the minor does not request or accept any Freebee Services unless accompanied by you or an authorized guardian, (e) you explain the terms of this Agreement to the minor, and (f) you expressly guarantee the minor’s acceptance of the terms of this Agreement. By creating a Freebee account for such minor, you hereby give permission and consent to the Agreement on the minor’s behalf, and you shall assume any and all responsibility and liability for the minor’s use of Freebee services as provided by the terms of this Agreement and any applicable Supplemental Agreements.

Freebee has made the App available for User to download from various mobile app stores for use in connection with the Services, specifically, to connect Drivers and Users. Freebee hereby grants User a limited, personal, revocable, non-exclusive, non-transferable right to install, access, and use the App solely in connection with the Services provided to User by Freebee under and subject to the terms of this Agreement. By signing up for an account, Freebee will provide User with credentials or keys to access the App. User agrees not to give these credentials or keys to anyone else or allow anyone else to use or access the App or the Services.

Passwords and Account Access

Every user account created for purposes of accessing the App and all related services must have one designated adult user who must be at least 18 years old. For so long as you use your account, you agree to provide true, accurate, and current information about yourself as well as to make relevant changes. You are solely responsible for all activities that occur under your account as well as for maintaining the confidentiality of your password(s). Should you believe your password or security for your account has been breached in any way, you must immediately notify us.

User Activities and Information on the App

By using the App, you represent and warrant that you will use the App, its related services, and any tools, features, content, material, or information found on the App solely for lawful, non-commercial purposes. You will not allow any third party to access the App through your account, upload to, distribute to, or otherwise disseminate through the App any material or information of any kind that is libelous, defamatory, obscene, pornographic, abusive, or otherwise violates any law or infringes or violates any rights of any other person or entity.

You further acknowledge that this App may collect limited personal information from our users. By using the App and/or agreeing to these Terms, you consent to the collection, storage, and processing of certain data as set forth in our Privacy Policy. We do not knowingly collect information from anyone under the age of 13.

Electronic Communications

When you use the App or send messages to us, you are communicating with us electronically. By using the App or any of its related services, you expressly consent to receiving electronic communications from us. We may choose to communicate with you by e-mail, text messaging, telephone, or by posting notices on the App. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Permissible Use

You agree that you shall not use the App: (a) to delete, modify, hack or attempt to change or alter any of the Materials on the App; (b) for any unlawful purpose; (c) to solicit others to perform or participate in any unlawful acts; (d) to violate any international, federal, or state regulations, rules, laws, or local ordinances; (e) to infringe or violate our intellectual property rights or the intellectual property rights of others; (f) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate; (g) to submit false or misleading information; (h) to upload or transmit viruses or any other type of malicious code; (i) to collect or track the personal information of others; (j) to spam, phish, pharm, pretext, spider, crawl, or scrape; (k) for any obscene or immoral purpose; or (l) to interfere with or circumvent the security features of the App, other websites, or the Internet.

Your Obligation

By using the App, you represent and warrant that: (i) you are the age of majority in your place of residence, and have the power and authority to accept this Terms of Use and to enter into this agreement with Freebee; (ii) you are capable of assuming, and do assume, any risks related to the use of the Materials on the App; and (iii) you understand and accept the terms, conditions and risks relating to the use of the content and Materials on the App. If you are under the age of majority, you may use the App only with permission and involvement of a parent or guardian.

Use of Cookies and Tracking Technology

FREEBEE AND ITS SERVICE PROVIDERS MAY USE INDUSTRY PRACTICES AND METHODS, INCLUDING COOKIES, CLEAR GIFS, WEB BEACONS, IP ADDRESSES, AND LOG FILES, AND OTHER TRACKING TECHNOLOGY (“WEB TRACKING TECHNOLOGY”), TO ENABLE FREEBEE TO PROVIDE THE SERVICES. FREEBEE MAY LINK INFORMATION GATHERED USING WEB TRACKING TECHNOLOGY TO PERSONAL INFORMATION. YOU CONSENT TO THE USE OF SUCH WEB TRACKING TECHNOLOGY AND CONSENT TO ALL LEGAL USES OF PERSONAL AND NON-PERSONAL INFORMATION GATHERED THROUGH TRACKING TECHNOLOGY.

If you are accessing the App via Apple Inc.’s (“Apple”) App Store, you acknowledge that Apple is not a party to and has not agreed to these Terms; that Apple is not a sponsor of, affiliated with and does not otherwise endorse any Application; and that your use of that App is also subject to Apple’s Usage Rules as set forth in the App Store Terms of Service.

If you are accessing the App via the Google Play Store, you acknowledge that Google is not a party to and has not agreed to these Terms; that Google is not a sponsor of, affiliated with and does not otherwise endorse any Application; and that your use of the App is also subject to Google Play Store’s Terms of Service.

a. With respect to your use of Freebee and your participation in the use of the App and its Services, you agree that you will not:

• Impersonate any person or entity
• Stalk, threaten, or otherwise harass any driver, passenger, third-party or person
• Violate any law, statute, rule, permit, ordinance or regulation
• 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 on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation
• Cause any third party to engage in the restricted activities above

b. While on Freebee vehicles, all users must follow seatbelt regulations. Seatbelts are provided for the User’s safety. Users must wear safety belts while inside the vehicle, but it is the User’s responsibility to ensure the seatbelt is securely fastened, as required by law.

c. All children 3 and under, or who otherwise require such restraints under federal and state guidelines, must be restrained in a federally approved car seat which must be provided by and secured by User. Children aged 4 and 5 must at minimum be in a booster seat. All such children must always be accompanied and monitored by an adult.

d. Smoking is prohibited in Freebee Vehicles.

e. Freebee reserves the right to refuse its services to Users who perform any restricted activities or who otherwise violate these Terms. Making verbal threats, aggressive, sexual, discriminatory, or disrespectful comments or conduct may result in a temporary hold on your account or refusal of services. Serious or repeat offenses may result in permanent loss of access to the Freebee App and its services.

Ownership. The App and all related Content (including past, present and future versions) are owned, operated and controlled by Freebee and such Content is protected by U.S. and international copyright, trademark, trade dress, patent, and other intellectual property rights and laws to the fullest extent possible.

“Content” means all text, visual interfaces, graphics, design, compilation, information, computer code, user interfaces, photographs, logos, sounds, music, artwork, educational games and all other elements of the App are owned by or licensed to Freebee, and Freebee reserves all rights therein not expressly granted by these Terms.

Trademarks. The trademarks, trade dress, logos, and service marks (collectively the “Trademarks”) displayed on the App are registered and unregistered Trademarks of Freebee, its affiliates, its third-party licensors and/or others. You are not permitted to use any of the Trademarks displayed on the App, without the prior, express written consent of Freebee.

App Materials. The App and all related services are the copyrighted works of Freebee and contain trademarks, service marks, trade names, and other intellectual property of Freebee. Except as expressly provided for in this Terms of Use, you may not reproduce, modify, publish, transmit, display, perform, distribute, or otherwise exploit any content on the App in whole or in part to any third party. No portion of the content on the App may be stored in a computer except for personal and non-commercial use. All rights not expressly granted herein are reserved.

The App or Service may contain, reference, or link to content created, owned, or controlled by third parties. User understands and agrees that Freebee is not responsible for any such third-party content. User agrees not to use or disclose to anyone any technical, business, or other proprietary or confidential information about Freebee or the App or Services disclosed to User under this Agreement, except for the purposes contemplated herein.

Freebee Vehicles may be equipped with in-car cameras for purposes of monitoring security, driver safety, and passenger experiences. By using the Services, User expressly acknowledges and consents to the use of in-car cameras and agrees that Freebee shall have the right to use photographs and videos of the User and any persons accompanying user while inside Freebee Vehicles in connection with monitoring security, driver safety, passenger experiences, and publication and use of content promoting Freebee. By using the Services, User expressly grants Freebee a right of publicity to utilize such content in perpetuity and for any purpose unless expressly revoked by User in writing to Freebee.

THE APP, SERVICES AND ALL CONTENT THEREIN ARE PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND. FREEBEE AND ITS SUPPLIERS EXPRESSLY DISCLAIM AND EXCLUDE TO THE FULLEST EXTENT PERMITTED BY LAW ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. FREEBEE MAKES NO WARRANTY THAT THE APP, SERVICES, OR ANY CONTENT WILL MEET USER’S NEEDS, BE ERROR FREE OR ACCURATE, WILL OPERATE WITHOUT INTERRUPTION, OR THAT ALL ERRORS WILL BE CORRECTED. ANY REPRESENTATION OR WARRANTY NOT EXPRESSLY CONTAINED IN THIS AGREEMENT WILL NOT BE ENFORCEABLE.

User agrees to defend and hold harmless Freebee and its affiliates, and their employees, contractors, directors, managers, and representatives (collectively, the “Indemnified Parties”) from and against any damages, losses, or costs (including reasonable attorneys’ fees), arising from or in connection with any claim, suit, or action arising out of or relating to (i) User’s use of the App or Services; (ii) User’s violation or infringement of any right of a third party or any applicable law; or (iv) User’s breach of any of the terms of this Agreement. All users acknowledge and agree that each Indemnified Party is released, discharged, and held harmless from any and all liability from third-party claims made in connection with the App.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, AND NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, FREEBEE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, WHETHER IN CONTRACT, IN TORT, OR OTHERWISE. IN NO EVENT WILL FREEBEE’S TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT EXCEED ONE HUNDRED U.S. DOLLARS ($100.00). THIS LIMITATION WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND REGARDLESS OF WHETHER FREEBEE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

While using the Freebee App and Services, you may be sent text messages that provide you with information regarding our Services. You may be charged your mobile telephone network provider’s standard rate for receiving these SMS. Freebee will not charge you for SMS. By using the Freebee App and Services, including registering, you agree to receive text messages relating to our Services. Freebee is not liable for any delays or failures in your receipt of any SMS message(s). Without notice to you, Freebee reserves the right to suspend or terminate any SMS text message that Freebee may send.

THE FREEBEE APP MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. FREEBEE IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS.

This Agreement may not be assigned by the User without the prior written approval from Freebee but may be assigned without your consent by Freebee.

Please review other policies posted on the App from time to time. These policies also govern your use of the App. If any provision of this Terms of Use shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Terms of Use and shall not affect the validity and enforceability of any remaining provisions. This Terms of Use and any other posted policies, including our Privacy Policy, constitutes the entire agreement of the parties with respect to the subject matter hereof.

This Agreement is effective as of the earlier of the Effective Date or upon use of the App or Services. Either party may terminate this Agreement at any time upon notice to the other party. The App, Services, or any of their features or content are subject to change without notice or obligation to User. Sections 7, 8, 10, 11, and 17 will survive the termination or expiration of this Agreement for any reason.

The English text of these Terms of Use constitutes the sole authentic text. In the event of any discrepancy between the English text and a translation into a foreign language, the English text shall prevail.

a. Both parties agree that all claims or disputes arising out of the App, Services, or this Agreement shall be submitted to binding arbitration, provided that the parties shall first attempt to resolve such claim or dispute informally. The arbitration shall be conducted by the American Arbitration Association under the Commercial Arbitration Rules and the Supplementary Procedures for Consumer-Related Disputes in Miami-Dade County, Florida, or as otherwise mutually agreed to by the parties. Any judgment on the award rendered by the arbitrator shall be able to be entered in any court having competent jurisdiction. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida without regard to rules or principles regarding conflicts of laws.

USER AGREES THAT BY ENTERING INTO THIS AGREEMENT, USER AND FREEBEE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION. USER UNDERSTANDS AND AGREES THAT USER AND FREEBEE MAY EACH BRING CLAIMS IN ARBITRATION AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT ON A CLASS, COLLECTIVE ACTION, OR REPRESENTATIVE BASIS (“CLASS ACTION WAIVER”).

b. The arbitrator shall have no authority to consider or resolve any Claim or issue any relief on any basis other than an individual basis. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claims.

c. As part of the arbitration, both User and Freebee will have the opportunity for reasonable discovery of non-privileged information that is relevant to the Claim. The arbitrator will provide a reasoned written statement of the arbitrator’s decision which shall explain the award given and the findings and conclusions on which the decision is based. The arbitrator’s award shall be final and binding and judgment on the award may be entered in any court having jurisdiction thereof.

d. The payment of filing and arbitration fees will be governed by the relevant AAA Rules. Except as provided in Federal Rule of Civil Procedure 68 or any state equivalents, each party shall pay its own attorneys’ fees. At the end of any arbitration, the arbitrator may award reasonable fees and costs to User if User prevails, to the extent authorized by applicable law.

e. Unless User and Freebee agree otherwise, any arbitration hearings between Freebee and User will take place in the county of User’s billing address. If AAA arbitration is unavailable in User’s county, the arbitration hearings will take place in the nearest available location for a AAA arbitration.

f. Before initiating any arbitration or proceeding, User and Freebee may agree to first attempt to negotiate any dispute, claim or controversy between the parties informally for 30 days, unless this time period is mutually extended. A party who intends to seek negotiation under this subsection must first send to the other a written notice of the dispute (“Notice”). The Notice must (1) describe the nature and basis of the claim or dispute; and (2) set forth the specific relief sought. All offers, promises, conduct and statements made in the course of the negotiation are confidential, privileged and inadmissible for any purpose.

You agree that any claim or cause of action arising out of your use of the App, the Privacy Policy, or these Terms of Use must be filed within one (1) year after such claim or cause of action arose or it shall forever be barred, notwithstanding any statute of limitations or other law to the contrary.

Each party must deliver all notices, consents, and approvals required or permitted under this Agreement in writing to the other party at the address such party has on file, by certified mail (postage prepaid and return receipt requested), by a nationally recognized overnight carrier, or by fax or e-mail (where receipt is confirmed). Notice will be effective upon receipt or refusal of delivery.

This Agreement is the final, complete, and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between them. No changes or modifications or waivers to this Agreement will be effective unless in writing and signed by both parties. The parties are independent contractors; nothing in this Agreement will be construed to create a partnership, joint venture, or agency relationship between the parties. This Agreement may not be assigned or delegated by the User without Freebee’s prior written consent. Freebee may assign this agreement without requiring the User’s consent.

Nothing contained in these Terms of Use is in derogation of Freebee’s right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the App or information provided to or gathered by Freebee with respect to such use.

As a passenger in a Freebee vehicle, you are hereby notified that audio and video surveillance and recording equipment may be in use at all times during your ride. By entering a Freebee vehicle and remaining in a Freebee vehicle for the duration of your ride, you provide your express and informed consent to the use of this recording equipment.

Any recording equipment utilized in Freebee vehicles is being used for the safety and security of passengers, Freebee drivers, and the Freebee. The recordings may also be used as evidence in the event of a dispute or incident, to the extent permitted by law.

By entering a Freebee vehicle and remaining in a Freebee vehicle for the duration of your ride, you acknowledge that you have read and understand these terms and that you provide your express and informed consent to the use of audio and video recording equipment as described above.