Privacy Policy
NOTE: BY AGREEING TO THESE TERMS OF SERVICE (“TERMS”) YOU ARE AGREEING TO WAIVE YOUR RIGHT TO TRIAL AND ARE AGREEING TO LIMITATIONS OF LIABILITY ON ANY CLAIMS YOU MAY HAVE AGAINST VELORIDE OPERATING, LLC, ITS PARENTS AND SUBSIDIARIES (“VELORIDE”). THE ARBITRATION REQUIREMENT SET FORTH IN THESE TERMS REQUIRE YOU TO SETTLE ANY DISPUTES THROUGH BINDING ARBITRATION. FURTHER, BY AGREEING TO THESE TERMS, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU HAVE READ, UNDERSTOOD AND ACCEPT ALL OF THE PROVISIONS SET FORTH IN THE TERMS.
DEFINITIONS. The following capitalized terms, as used in these terms and conditions, shall have the meanings defined for them as follows: “Services” means VeloRide’s digital marketplace platform (“VeloRide Platform”) and any related content or services, including but not limited to mobile and/or web-based applications (“Applications”). “VeloRide” means VeloRide Operating, LLC, and any and all parents, subsidiaries, directors, shareholders, officers, employees, contractors, and affiliates thereto. “You” (or any variation thereof) shall mean the person or persons utilizing the Services. “Parties” shall mean both VeloRide and you. “Party” shall mean either VeloRide or you.
BINDING TERMS; NO OBLIGATION BY VELORIDE; LEGAL COMPLIANCE. By using the Services, you expressly agree to be fully bound by the Terms, as well as all other terms, provisions, standards, and policies found on VeloRide’s website or any other medium or instrument owned and/or operated by VeloRide (“Other Terms”), on a cumulative basis. If you do not agree with the Terms or any Other Terms, you cannot use the Services. VeloRide is under no obligation in any manner to provide the Services to you and may cease offering or deny you access to the Services at its sole discretion at any time. In the event of any modifications to the Terms or Other Terms, VeloRide will post an updated version of the same on the relevant platform but is under no obligation to provide you with any notice. If you continue to use the Services after any such modification, you expressly acknowledge that your continued use of the Services constitutes acceptance of such modifications. You agree to only use the Services for lawful purposes and agree to comply with all applicable laws. You also agree not to use the Services for any purpose other than as set forth herein or for any purpose which would cause any damage, loss, or liability to VeloRide or any Driver.
CODE OF CONDUCT. You agree to abide by the Rider Code of Conduct as published on the VeloRide platform.
DRIVERS. The Services are provided to you by VeloRide for the purpose of (i) locating independent drivers (“Drivers”) for personal, non-commercial transportation (“Ride” or “Rides”) and (ii) payment processing and back office support. Upon a request by you, VeloRide will notify a Driver of your request, who will have the opportunity to determine whether or not to fulfill your request. All matters relating to the request (i.e.- whether the Driver or you accept the request or Ride) is made independently of VeloRide, other than to provide a booking platform. If you decide to reschedule or cancel the Ride after a Driver has accepted your request, you may be charged a fee and/or not refunded the Ride cost. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT VELORIDE IS ACTING MERELY AS A COORDINATOR/BOOKING PLATFORM PROVIDER AND DOES NOT HAVE ANY CONTROL OVER ANY MATTERS RELATING TO THE REQUEST, THE RIDES, THE DRIVERS, OR ANY MATTER RELATED THEREFROM. YOU FURTHER EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SERVICES DOES NOT ESTABLISH VELORIDE AS ANYTHING MORE THAN IN THIS LIMITED CAPACITY. FURTHER, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE DRIVERS ARE INDEPENDENT CONTRACTORS AND NOT EMPLOYEES, AGENTS, OR REPRESENTATIVES OF VELORIDE. ANY ACTIONS OR METHODS UNDERTAKEN BY VELORIDE IN THE PROVISION OF THE SERVICES ARE NOT MEANT TO CREATE ANY RELATIONSHIP WITH A DRIVER OTHER THAN FOR THE LIMITED PURPOSE OF ACTING AS COORDINATOR/BOOKING PLATFORM PROVIDER, AND YOU EXPRESSLY DISCLAIM ANY REPRESENTATION, CLAIM, OR VIEW TO THE CONTRARY. BY THE USE OF THE SERVICES, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE VELORIDE GROUP SHALL NOT BE LIABLE FOR ANY CLAIMS, DEMANDS, CAUSES OF ACTION, LIABILITIES, COSTS, AND EXPENSES, KNOWN OR UNKNOWN, FOR ANY DAMAGES, INJURIES, INCLUDING, WITHOUT LIMITATION, ILLNESS, OR DEATH TO YOU, ARISING (WHETHER IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY) OUT OF YOUR ENGAGEMENT OF ANY DRIVER, EVEN IF VELORIDE HAD BEEN ADVISED OF THE POTENTIAL FOR ANY SUCH CLAIMS, ET AL. YOUR ACKNOWLEDGEMENT AND ACCEPTANCE OF THESE LIMITATIONS SURVIVE YOUR USE OF THE SERVICES AND AFTER YOUR RELATIONSHIP WITH VELORIDE ENDS.
THIRD-PARTY APPLICATIONS. As the Services are generally provided through your cell phone, their availability may be governed by or conditioned upon the terms and conditions of the third-party licenses therefrom (i.e.- the “App Store”). VeloRide has no control over any of these terms and conditions and any issues or problems originating in whole or in part from your inability to use the Services because of your cell phone provider or the relevant App Store shall only be between you and your cell phone provider and without any recourse against VeloRide. Further, your cell phone provider may have the right to enforce the Terms or Other Terms against you as a third-party beneficiary and you should review your cell phone provider's terms and conditions to make this determination.
CHARGES, REFUNDS; PROMOTIONAL OFFERS; DISCOUNTS; TIPS. VeloRide will collect all Ride charges (“Charges”) on behalf of the Driver merely as a limited collection agent by providing a payment facility and may include any taxes, government fees, credit card processing fees, cancellation fees, toll fees, parking fees, and any other costs or expenses as reasonably determined by VeloRide. By using an Application for your User Account, you expressly agree to all of these fees, costs, and expenses. All Charges shall be paid by you through your User Account and payment made to VeloRide shall be considered payment made to the Driver and shall be deemed earned upon request of the Ride. The amounts of all Charges are determined by VeloRide and may be adjusted due to peak hours, special events, or other factors without notice to you. Upon any payment, you will thereafter receive a receipt and a short survey regarding the Driver. VeloRide has the right to use any payment method you have set up in your User Account. All Charges are non-refundable, excepting extraordinary circumstances as reasonably determined by VeloRide, at its sole and exclusive discretion. To request a refund, you may send notice to VeloRide under your “help” tab in your User Account. All requests after thirty (30) days from the date of the Ride or the date the Ride was to occur will be deemed invalid. In the event VeloRide provides users with any promotional offers or discounts, such offers or discounts may not apply to you and VeloRide reserves the right to provide such offers or discounts to any user to the exclusion of any other user at its sole and exclusive discretion. Further, VeloRide may terminate any offer or discount at any time without notice to the offeree and the offeree shall have no recourse against VeloRide for any matter related therefrom. Any tips or other gratuity is not included in the Charges and you are under no obligation to provide any additional payment to a Driver.
Tracking Technologies and Cookies:
We use Cookies and similar tracking technologies to track the activity on Our Service and store certain information. Tracking technologies used are beacons, tags, and scripts to collect and track information and to improve and analyze Our Service. The technologies We use may include:
Background Location: We are accessing driver app background location for better tracking of delivery/trip
Information Collected while Using the Application:
While using Our Application, in order to provide features of Our Application, We may collect, with Your prior permission:
Contacts List:
Information from your Device's phone book (contacts list) to access during Emergency within App
Pictures and other information from your Device's camera and photo library.
Information regarding your location:
We use this information to provide features of Our Service, to improve and customize Our Service. The information may be uploaded to the Company's servers and/or a ServiceProvider's server or it may be simply stored on Your device.
Gallery and Camera Media (Images/Photos):
We use this information to provide features of Our Service, and to improve and customize Our Service. Users can upload profile images using gallery photos or capture new ones using the camera.
You can enable or disable access to this information at any time through Your device settings.
Policy for Advertising Identifier (IDFA) Usage
Our app collects Device IDs, including the Advertising Identifier (IDFA), to enhance analytics and gain insights into user interactions. This data helps us improve app performance, understand usage patterns, and deliver a better user experience. We comply with App Store guidelines and require user consent before accessing or using the IDFA. Users can manage their preferences or revoke consent at any time in the app settings.
INTELLECTUAL PROPERTY RIGHTS. All rights, title, and interest in the Services, as well as all patents, trademarks, copyrights, logos, domain names, social media accounts, apps, and all other intellectual property rights related to any of the foregoing shall be the sole and exclusive property of and is proprietary to VeloRide and you may not use any of the foregoing without the express, prior, written consent of an authorized officer of VeloRide. By your use of the Services, the only right granted to you is a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to access and use the Applications relating to your use of the Services and access any related information regarding the Services, all of which shall be solely for your personal and non-commercial use. You expressly acknowledge and agree that you shall not do anything that would undermine or dilute VeloRide’s intellectual property rights or create any liability to the Services or VeloRide’s business or which would be detrimental to the interests of VeloRide. The following, without limitation, is prohibited: (i) any removal of any logo, trademark, or notice from the Applications or any part of the Services; (ii) selling, reselling, licensing, leasing, distributing, displaying, transmitting, or broadcasting any part of the Services or modifying, changing, or making any derivative works based on the Services or any part thereof without the prior written authorization of VeloRide; (iii) reverse engineering or breaking down the Applications or any other part of the Services or replicating the Services or any of its component parts; (iv) using any programs in conjunction with the Services that would interrupt the normal use of the Services; (v) scraping any data from the Services or any part thereof; (vi) infringing upon VeloRide’s patents, trademarks, copyrights, or other intellectual property rights or defaming or attempting to defame VeloRide’s business reputation; or (vii) otherwise damaging, destroying, defacing, or impairing the normal functionality of the Applications.
8. VELORIDE USER ACCOUNT. As a prerequisite for using the Services, you will be required to register and maintain a personal user services account (“User Account”). To register a User Account, you must be at least eighteen (18) years of age, hold a single User Account, and provide your name, address, government-issued photo ID, cellular phone number, and date of birth, along with a valid method of payment that you have the authorization to use and which is otherwise accepted by VeloRide (“Account Information”). You cannot have multiple User Accounts or transfer or assign your User Account to any third party. Further, you agree to allow your wireless carrier to provide information to VeloRide about your wireless account as needed to assist VeloRide in confirming your identity. If you provide any incomplete or false information, VeloRide may deny you access to a User Account. You are solely responsible for protecting your Account Information and VeloRide is not responsible for any security breaches or unauthorized use of any Personally Identifiable Information (“PII”) that may occur, directly or indirectly, from your use of a User Account. VeloRide will not transfer or sell your PII to any third party. YOU HEREBY EXPRESSLY AND IRREVOCABLY AGREE TO RELEASE, INDEMNIFY AND HOLD HARMLESS VELORIDE, ITS OWNERS, OFFICERS, EMPLOYEES, REPRESENTATIVES, PARENTS AND SUBSIDIARIES AND ALL OF THEIR OWNERS, OFFICERS, EMPLOYEES AND REPRESENTATIVES (COLLECTIVELY, THE “VELORIDE GROUP”) FOR ANY BREACHES OR MISUSES OF YOUR PII TO THE FULLEST EXTENT UNDER LAW, REGARDLESS OF THE CAUSE OR ORIGIN AND WAIVE ALL CLAIMS, DAMAGES, LIABILITIES, COSTS AND EXPENSES AGAINST THE VELORIDE GROUP TO THE FULLEST EXTENT UNDER LAW. VeloRide may, at its discretion and without any notice to you, suspend or disable your User Account for any reason or no reason. YOU HEREBY DISCLAIM ANY DAMAGES, LIABILITIES, COSTS OR EXPENSES YOU MAY INCUR BY AND THROUGH ANY SUSPENSION OR TERMINATION OF YOUR USER ACCOUNT AND EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO RECOURSE AGAINST THE VELORIDE GROUP FOR ANY MATTER RELATED THEREFROM. By the creation of a User Account, you expressly agree to all modes of communication from VeloRide or any Driver (i.e. email, text, WhatsApp, etc.) that may be used. In addition, you agree to any automated or pre-recorded messages delivered to you by or for the benefit of VeloRide or any Driver. You may change these preferences at any time by following the instructions set forth in the relevant communication medium, but VeloRide is not responsible in any manner for any adverse changes to your use of the Services in the event such preference changes are made. VeloRide has the right (not the obligation) to contact you for any reason, which may include notifying you of any unauthorized activity on your User Account, but has no obligation to do so. YOU HEREBY RELEASE THE VELORIDE GROUP FROM ANY FAILURE TO NOTIFY YOU ABOUT ANY UNAUTHORIZED ACTIVITY AND WAIVE ALL DAMAGES, LIABILITIES, COSTS OR EXPENSES INCURRED BY YOU FOR ANY MATTER RELATED THEREFROM. THE RELEASES SET FORTH HEREIN SURVIVE YOUR USE OF THE SERVICES AND AFTER YOUR RELATIONSHIP WITH VELORIDE ENDS. If you have any questions or comments related to the Services, the User Account, or any matter related therefrom, you can contact VeloRide at: support@veloride.us or via the chat feature in the app.
39. DEVICES. VeloRide is not responsible for (i) any data access issues that may arise on your cellular device or any rates or fees incurred by you in conjunction with your use of the Services; (ii) ensuring that your device or any of its component parts are compatible with the use of the Services; (iii) any malfunctions or similar matters when using the Services on your device. YOU HEREBY EXPRESSLY AGREE TO RELEASE AND HOLD THE VELORIDE GROUP HARMLESS FOR ANY DAMAGES, LIABILITIES, COSTS OR EXPENSES YOU MAY INCUR, WHICH SHALL INCLUDE, WITHOUT LIMITATION, INJURY OR DEATH, BY AND THROUGH YOUR USE OF YOUR DEVICE AS A MEANS TO ACCESS THE SERVICES. THE RELEASE SET FORTH HEREIN SURVIVE YOUR USE OF THE SERVICES AND AFTER YOUR RELATIONSHIP WITH VELORIDE ENDS.
10. CHILDREN. Drivers who provide car seats or booster seats for use by children passengers do so at their discretion (and without any obligation to do so). You assume all responsibility and liability related to such use and neither the Driver nor VeloRide is responsible in any manner for the safety, use, or installation of such car or booster seats. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT ANY USE OF A CAR OR BOOSTER SEAT BY ANY CHILD RIDING WITH YOU IS SOLELY YOUR RESPONSIBILITY AND YOU ASSUME ALL RISKS ASSOCIATED THEREWITH AND RELEASE THE VELORIDE GROUP AND THE DRIVER, TO THE FULLEST EXTENT UNDER LAW, FROM ANY AND ALL LIABILITIES, DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY INJURY OR DEATH RELATING IN WHOLE OR IN PART THEREFROM) ARISING OR OCCURRING (IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY) OUT OF OR FROM THE PROVIDED CAR/BOOSTER SEAT OR ANY MATTER RELATED THEREFROM. VELORIDE SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF LACK OF OR IMPROPER INSTALLATION OR USE OF ANY CAR SEAT OR BOOSTER SEAT FOR GUESTS ON RIDES REQUESTED THROUGH THE SERVICES FOR WHOM SUCH SYSTEM IS LEGALLY REQUIRED. THE ASSUMPTION AND RELEASE AND NON-LIABILITY SET FORTH HEREIN SURVIVE YOUR USE OF THE SERVICES AND AFTER YOUR RELATIONSHIP WITH VELORIDE ENDS.
11. ANIMALS. You may bring pets with you on Rides only at the Driver’s discretion (“Pets”). You will be solely responsible for any Pets and all proper securing of Pets, and all damages caused by Pets. You agree to pay for all damages caused by Pets in the Driver’s vehicle. If the vehicle requires cleaning due to, but not limited to, shed hair, muddy prints, or other stains, there will be an additional cleaning fee. In accordance with law, any service animal is generally allowed to accompany any rider without additional cost.
12. ACCIDENTS, ET AL. In the event that an accident or other incident occurs during your Ride and/or by and through the use of the Services, you agree to notify VeloRide as soon as reasonably practicable and provide VeloRide with a complete accounting of the events that transpired. You further agree to cooperate with VeloRide and any insurer with the investigation thereof.
13. DAMAGES CAUSED BY YOU. In the event you or any other passenger with you cause any damages to a Driver’s vehicle, or in the event a Driver’s vehicle requires cleaning due to you or any other passenger (whether in whole or in part), VeloRide shall have the right to charge you for any such repairs or cleaning (“Repairs or Cleaning”) via your User Account payment methods in such amounts as may be reasonably determined by VeloRide. VeloRide may, at its discretion, investigate the basis for the Repairs or Cleaning, but is under no obligation to do so, and by the use of the Services and agreement to these Terms, you expressly acknowledge and agree that VeloRide shall be the final determining party as to the amounts charged for the Repairs or Cleaning.
14. DISCLAIMERS. BY THE USE OF THE SERVICES, YOU HEREBY EXPRESSLY AGREE TO THE FOLLOWING: (I) THE SERVICES ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT ANY REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, ALL OF WHICH ARE HEREBY DISCLAIMED BY VELORIDE TO THE FULLEST EXTENT UNDER LAW; (II) VELORIDE HEREBY DISCLAIMS AND EXPRESSLY NEGATES ANY REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SERVICES OR ANY SERVICES REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; (III) VELORIDE, AS THE SERVICE PROVIDER ONLY, DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES IN ANY MANNER REGARDING THE DRIVERS, THEIR CONDUCT OR ANY MATTER RELATED THEREFROM AND, BY AND THROUGH THE USE OF THE SERVICES, YOU AGREE THAT YOU ASSUME THE RISK OF ALL DAMAGES, INJURIES, OR DEATH RELATED TO YOUR INTERACTIONS WITH ANY DRIVERS TO THE FULLEST EXTENT UNDER LAW. THIS PROVISION SURVIVES YOUR USE OF THE SERVICES AND AFTER YOUR RELATIONSHIP WITH VELORIDE ENDS.
15. RELEASE AND WAIVER. BY THE USE OF THE SERVICES, YOU (ON YOUR BEHALF AND ON BEHALF OF YOUR FAMILY OR ANY OTHER PARTY WHICH COULD MAKE A CLAIM AGAINST THE VELORIDE GROUP) HEREBY VOLUNTARILY, FULLY, EXPRESSLY, IRREVOCABLY AND UNCONDITIONALLY WAIVE, RELEASE, AND FOREVER DISCHARGE THE VELORIDE GROUP FROM ANY AND ALL CLAIMS, DEMANDS, CAUSES OF ACTION, LIABILITIES, COSTS AND EXPENSES, KNOWN OR UNKNOWN, FOR ANY DAMAGES, INJURIES, INCLUDING, WITHOUT LIMITATION, ILLNESS, OR DEATH TO YOU OR ANY OTHER PERSON, AND/OR DAMAGE TO OR THEFT OF ANY OF YOUR PROPERTY OR ANY OTHER PERSON’S PROPERTY, AND/OR ANY OTHER KIND OF DAMAGES, ARISING FROM OR IN CONNECTION WITH, OR AS A RESULT OF (WHETHER IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY) MY USE OF THE SERVICES, ANY RIDES, ANY ACTS, OMISSIONS, NEGLIGENCE OR WILLFUL MISCONDUCT OF ANY DRIVER, WHETHER BEFORE, DURING OR AFTER ANY RIDE, VELORIDE’S ENGAGEMENT OR RETENTION OF ANY DRIVER, ANY INJURY CAUSED IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM THE DESIGN, CONSTRUCTION, MANUFACTURE, CONDITION, MAINTENANCE, OR REPAIR OF ANY VEHICLE USED TO PROVIDE ANY RIDE, OR ANY OTHER MATTER RELATED TO ANY OF THE FOREGOING. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT VELORIDE SHALL NOT BE HELD RESPONSIBLE IN ANY MANNER FOR ANY PROPERTY LOST, STOLEN OR DAMAGED WHETHER BEFORE, DURING OR AFTER ANY RIDE OR OTHERWISE. YOU FURTHER AGREE TO PAY THE VELORIDE GROUP’S COURT COSTS, REASONABLE ATTORNEYS’ FEES INCURRED AND ALL OTHER ASSOCIATED COSTS ARISING OUT OF OR IN CONNECTION WITH SUCH CLAIMS, DEMANDS, CAUSES OF ACTION, LIABILITIES, COSTS, EXPENSES AND/OR DAMAGES, INCLUDING, WITHOUT LIMITATION, ALL COSTS INCURRED IN ESTABLISHING THE ENFORCEABILITY OF THIS WAIVER AND RELEASE. YOU EXPRESSLY, IRREVOCABLY AND UNCONDITIONALLY AGREE THAT THE TERMS AND PROVISIONS OF THIS WAIVER AND RELEASE SHALL APPLY WITHOUT REGARD TO WHETHER THE CLAIMS, DEMANDS, CAUSES OF ACTION, LIABILITIES, COSTS, EXPENSES AND/OR DAMAGES ARE BASED ON NEGLIGENCE, BREACH OF CONTRACT, BREACH OF WARRANTY, STRICT LIABILITY OR ANY OTHER TORT OR CAUSE OF ACTION. YOU HEREBY EXPRESSLY, IRREVOCABLY AND UNCONDITIONALLY ACKNOWLEDGE AND AGREE THAT THIS SECTION SHALL SURVIVE YOUR USE OF THE SERVICES AND AFTER YOUR RELATIONSHIP WITH VELORIDE ENDS OR OTHERWISE. THE LIMITATIONS AND DISCLAIMERS IN THIS SECTION DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.
16. LIMITATIONS OF LIABILITY. By the use of the Services, you hereby expressly acknowledge and agree to the following: UNDER NO CIRCUMSTANCES SHALL VELORIDE BE LIABLE FOR DEFICIENCY IN ANY PERFORMANCE ON ANY MATTER CAUSED IN WHOLE OR IN PART BY ACTS OR OMISSIONS OF THIRD PARTIES, DELAYS, FAILURES TO PERFORM, DAMAGES, LOSSES, DESTRUCTION, MALFUNCTION OF THE CELLULAR APP, THE SERVICES, OR ANY CONSEQUENCE THEREOF. YOU ACKNOWLEDGE AND AGREE THAT NO MEMBER OF THE VELORIDE GROUP SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES RESULTING FROM, ARISING OUT OF OR IN CONNECTION WITH THE SERVICES OR ANY MATTER RELATED THERETO, EVEN IF VELORIDE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR USE OF THE SERVICES. BECAUSE IT IS EXTREMELY DIFFICULT TO FIX THE ACTUAL DAMAGES, IF ANY, WHICH MAY RESULT FROM ANY FAILURE BY THE SERVICES OR DAMAGES, LIABILITIES, COSTS OR EXPENSES INCURRED THEREFROM OR BY AND THROUGH ANY MATTER RELATED TO THE SERVICES, AND BECAUSE, BY THE USE OF THE SERVICES, YOU HAVE EXPRESSLY AGREED TO LIMIT THE LIABILITY OF THE VELORIDE GROUP, YOU AGREE THAT THE VELORIDE GROUP SHALL BE EXEMPT FROM ANY AND ALL LIABILITY FOR LOSS, DAMAGE AND/OR INJURY DUE TO ANY MATTER THAT IS NOT WITHIN THEIR REASONABLE CONTROL. YOU FURTHER AGREE, BY THE USE OF THE SERVICES, THAT SHOULD ANY MEMBER OF THE VELORIDE GROUP BE FOUND LIABLE FOR LOSS, DAMAGE, AND/OR INJURY DUE TO A FAILURE OF THE EQUIPMENT IN ANY RESPECT, THEIR LIABILITY SHALL BE NO GREATER THAN A SUM EQUAL TO THE TOTAL SUMS PAID BY YOU FOR ANY RIDES FROM THE PRECEDING SIX (6) MONTHS, AS THE AGREED UPON DAMAGES, NOT AS A PENALTY, BUT AS THE EXCLUSIVE REMEDY, AND THAT THE PROVISIONS OF THIS SECTION SHALL APPLY REGARDLESS OF WHETHER SUCH DAMAGE, INJURY AND/OR LOSS WAS DUE DIRECTLY OR INDIRECTLY FROM THE NEGLIGENCE, GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF ANY MEMBER OF THE VELORIDE GROUP OR ARISING OUT OF STRICT LIABILITY IN TORT OR OTHERWISE. YOU FURTHER ACKNOWLEDGE AND AGREE THAT THE INCLUSION OF THIS SECTION WAS A MATERIAL CONSIDERATION FOR VELORIDE TO PROVIDE YOU THE SERVICES. THE LIMITATIONS SET FORTH IN THIS SECTION ARE INDEPENDENT OF EACH OTHER AND BOTH THE LIMITATION OF DAMAGES AND LIMITATION OF REMEDY SET FORTH HEREINABOVE SHALL SURVIVE ANY FAILURE OF THE ESSENTIAL PURPOSE OF ANY OR ALL PARTS OF THE LIMITED REMEDY. THIS SECTION SHALL SURVIVE YOUR USE OF THE SERVICES OR OTHERWISE AND AFTER YOUR RELATIONSHIP WITH VELORIDE ENDS. THE LIMITATIONS AND DISCLAIMERS IN THIS SECTION DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.
17. INDEMNIFICATION. BY THE USE OF THE SERVICES, YOU HEREBY FULLY, EXPRESSLY, IRREVOCABLY AND UNCONDITIONALLY AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS EACH AND EVERY MEMBER OF THE VELORIDE GROUP FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, CAUSES OF ACTION, LIABILITIES, LOSSES, AND DAMAGES, INCLUDING, WITHOUT LIMITATION, ALL EXPENSES OF LITIGATION, INCLUDING BUT NOT LIMITED TO, ATTORNEY FEES AND COSTS, ARISING OUT OF ANY KIND OF INJURY, INCLUDING, WITHOUT LIMITATION, ILLNESS, DEATH, PROPERTY DAMAGE OR ANY OTHER DAMAGES WHICH ARE BROUGHT BY YOU OR ANY OTHER PARTY AFFILIATED WITH YOU WHICH IN ANY WAY ARISE OUT OF OR ARE CONNECTED WITH THE SERVICES, YOUR BREACH OF ANY PROVISIONS OF THE TERMS OR OTHER TERMS, VELORIDE’S USE OF YOUR PII, ANY RIDES, ANY DRIVERS OR ANY VIOLATION OF YOUR RIGHTS BY SUCH DRIVERS, OR ANY OTHER MATTER RELATED TO ANY OF THE FOREGOING, OR ANY OTHER LOSSES HOWEVER CAUSED. THIS INDEMNITY SHALL APPLY REGARDLESS OF WHETHER THE CLAIMS, DEMANDS, CAUSES OF ACTION, LIABILITIES, LOSSES OR DAMAGES ARISE IN WHOLE OR IN PART FROM THE ACT, OMISSION, NEGLIGENCE OR FAULT OF THE VELORIDE GROUP OR ANY THIRD PARTY. YOU HEREBY ACKNOWLEDGE AND AGREE THAT IT IS YOUR EXPRESS INTENTION, FOR YOURSELF, ALL PARTIES WHICH COULD MAKE CLAIM ON YOUR BEHALF OR ANY PARTY MAKING A SEPARATE CLAIM IN CONJUNCTION WITH YOUR CLAIM, AND THE VELORIDE GROUP, THAT THE INDEMNITY PROVIDED FOR IN THIS SECTION IS AN INDEMNITY BY YOU TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE VELORIDE GROUP FOR THEIR OWN ACTS, OMISSIONS, NEGLIGENCE OR FAULT, WHETHER THAT NEGLIGENCE OR FAULT IS THE SOLE OR CONCURRING CAUSE OF THE LOSS, INJURY, ILLNESS, DEATH, OR DAMAGE. THIS SECTION SHALL SURVIVE YOUR USE OF THE SERVICES OR OTHERWISE AND AFTER YOUR RELATIONSHIP WITH VELORIDE ENDS.
18. ENTIRE AGREEMENT; WAIVER; SEVERABILITY. These Terms and all ancillary terms set forth herein or on the VeloRide Platform or Applications constitute the entire agreement between the parties hereto pertaining to the subject matter hereof and supersedes all prior agreements, understandings, negotiations and discussions, whether oral or written, of the parties. VeloRide's failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by VeloRide in writing. This provision shall not affect the Severability and Survivability section of the Arbitration Agreement of these Terms. Whenever possible, each provision of these Terms shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision (or any section of any provision) of these Terms is held to be prohibited by or invalid under applicable law, such provision (or any section of any provision) shall be ineffective only to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of these Terms.
19. ASSIGNMENT; NO JOINT VENTURE.
These Terms shall not be assignable by you for any reason. VeloRide shall have the right to assign these Terms or any part of the Services to any third party without your consent. The relationship between you and VeloRide does not create a partnership, joint tenancy, or joint venture of any kind or character and any representation or claim to the contrary are hereby disclaimed.
20. NOTICE.
All notices to you may be given by VeloRide through your User Account, by your email address provided to VeloRide, by text or phone message, or via written communication to your address of records. All notices shall be deemed given within 24 hours after posting or mailing. All modifications to these Terms or Other Terms shall be deemed noticed upon posting of same upon the VeloRide Platform. You may give notice to VeloRide, with such notice deemed given when received by VeloRide, at any time by first-class mail or pre-paid post to our registered agent for service of process Veloride Operating, LLC, attn: General Counsel, 10605 Grant Rd., Ste. 201, Houston, TX 77070. In the event of any conflict between this notice section and any other notice section in any other provision (i.e., legal notice), the alternate notice shall prevail.
21. SURVIVAL.
THE INDEMNITIES, RELEASES AND WAIVERS CONTAINED HEREIN WHICH YOU ARE PROVIDING SHALL SURVIVE THE USE OF YOUR SERVICES AND AFTER YOUR RELATIONSHIP WITH VELORIDE ENDS.
22. VENUE.
These Terms shall be governed by and construed in accordance with the laws of Harris County, Texas, without regard to the choice or conflict of law principles of any jurisdiction. Any dispute, claim, or controversy arising out of or relating to incidents or accidents resulting in personal injury or death (including but not limited to sexual assault or harassment claims) that you allege occurred in connection with your use of the Services, whether before or after the date you agreed to these Terms, shall be governed by and construed in accordance with the laws of Harris County, Texas.
We collect and use your information to:
Provide seamless taxi booking and transport services.
Enhance your user experience within the Veloride app.
Communicate updates, offers, and service-related notifications.
Comply with legal obligations and safeguard against fraud or abuse.
The types of data we may collect include your name, email address, phone number, payment information, pickup and drop-off locations, and other details necessary for using our services.
24.Data Sharing:
We are committed to protecting your information.
No Third-Party Marketing: We do not share your mobile information with third parties or affiliates for marketing or promotional purposes.
Limited Sharing: Data may be shared with service providers or partners only to ensure the functionality of Veloride services, under strict confidentiality agreements.
Legal Compliance: We may disclose data if required by law or to protect our legal rights.
User RightsAs a Veloride user, you have the following rights:
Access: Request a copy of the personal data we hold about you.You can exercise these rights by contacting us using the details provided below.
Update: Correct or update your personal information.
Delete: Request the deletion of your data, subject to applicable legal requirements.
Withdraw Consent: Opt out of data collection or processing where consent is required.
Contact Information:
For any privacy-related inquiries or concerns, please contact us at:
Email: support@veloride.us
Phone: +1 833-608-8356
We value your trust and are committed to addressing your concerns promptly and effectively.
25. ARBITRATION AGREEMENT.
If a dispute cannot be resolved by discussion and/or mediation, you and VeloRide agree to resolve the matter by binding arbitration. This arbitration provision is intended to be interpreted and applied as broadly as legally permissible. It applies to all claims or controversies that would otherwise be resolved in any court. Binding arbitration is a means to resolve disputes privately without going to court. Both parties submit the dispute to an arbitrator and agree to accept his/her decision as final.
By agreeing to these terms, you agree to waive your right to a jury trial. You further agree that you may only bring any claims in your individual capacity and not as a class action. The parties agree to not participate in any current or future class actions, or arbitrate any matter as a class action. Even if a claim does not proceed in arbitration, this class action waiver remains in effect.
The parties agree that any dispute will be submitted to a single arbitrator under the JAMS (formerly known as Judicial Arbitration and Mediation Services, Inc.) rules. The parties will split the arbitrator fees equally. Otherwise, each party will bear their own costs.
The parties agree that the arbitrator and not any court or agency shall resolve any dispute relating to the interpretation or applicability of this arbitration provision, including enforceability and defenses. A party initiating an arbitration against VeloRide must send the written demand for arbitration to Veloride Operating LLC, Attn: General Counsel, 10605 Grant Rd., Ste 201, Houston TX 77070. Additionally, a party initiating arbitration against VeloRide must send an electronic version of the as-filed demand to filed-arbitration-demands@VeloRide.com. These provisions survive the use of the services and after the relationship with VeloRide ends.