Terms and Conditions

TODAY TERMS OF SERVICE

 

Last Updated: September 6, 2023

 

These Terms of Service (“Terms”) apply to your access to and use of the website, mobile application, including registering for an account for use of an electric device rental service and other online products and services (collectively, the “Services”) provided by TODAY and its subsidiaries and affiliated companies (“Company” or “we”).

 

By clicking “I Accept” or by using our Services, you agree that you have read, understand, and accept these Terms, including the mandatory arbitration provision and class action waiver in Section 18, and you agree to be bound by these Terms. If you do not agree to these Terms, do not use our Services.

 

We may make changes to these Terms from time to time. If we make changes, we will provide you with notice of such changes, such as by sending an email, providing a notice through our Services or updating the date at the top of these Terms. Unless we say otherwise in our notice, the amended Terms will be effective immediately, and your continued use of our Services after we provide such notice will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must stop using our Services.

 

If you have any questions about these Terms or our Services, please contact us at support@ridetoday.io.

 

Privacy

For information about how we collect, use, share or otherwise process information about you, please see our Privacy Policy at https://www.ridetoday.io/privacypolicy.

 

Eligibility

You must be at least 18 years of age to use our Services.

 

User Accounts and Account Security

You must register for an account to access some or all of our Services. If you register for an account, you must provide accurate account information and promptly update this information if it changes. You also must maintain the security of your account and promptly notify us of any unauthorized use of your password or username or any other breach of security by emailing us at support@ridetoday.io. We shall not be responsible for any loss, claim, or other liability that may arise from the unauthorized use of any password. If a password is lost or stolen, it is your responsibility to change the password, and immediately notify us, so that your account remains both secure and functional.

 

Device Rental Agreement

If you wish to rent an electric device through the Services, you are required to review and accept the Device Rental Agreement, Waiver of Liability, and Release (collectively, the “Device Rental Agreement”). You can access the Device Rental Agreement at any time by clicking on the link identified as Device Rental Agreement, which can be found at https://www.ridetoday.io/useragreement/

 

Payment

We will charge you for the rental services provided to you. You agree that you will pay for all rental services you purchase from us, and that we may charge your credit or debit card account as provided by you when registering for the Services for the rental services (including any taxes and late fees, as applicable) that may be accrued by or in connection with your account, and as provided in the Device Rental Agreement. You are responsible for the timely payment of all fees and charges and for providing us with a valid credit or debit card account for payment of all fees at all times. Payments made are only refundable at our sole discretion. We may also, at our sole discretion, place an authorization hold on Your credit or debit card to cover any fees, damages, or other such amounts that may arise.

 

We use a third-party payment processor (the “Payment Processor”) to link your credit or debit card account to our Services. The processing of payments or credits, as applicable, in connection with your use of rental services will be subject to the terms, conditions, and privacy policies of the Payment Processor and your credit or debit card issuer in addition to these Terms. We are not responsible for any errors by the Payment Processor.

 

Trip Maps and Statistics

As a registered account holder, you may view your trip maps and statistics on your user profile. Your trip statistics may include miles traveled, CO2 reduced, calories burned, and dollars saved. You may share your trip maps and statistics with friends you have approved to view your trip maps and statistics on your user profile.

 

You may add friends to your account by importing them from certain of your third-party accounts such as Facebook or Twitter, or by searching for other users in your network area. By designating friends on your account, you agree that we may display publicly your trip maps and statistics to such friends. You may disable this sharing feature and not disclose certain individual trip maps or statistics.

 

You may also share your own trip maps and statistics via certain third-party sites such as Facebook or Twitter or by email. Your use of those third-party services are subject to the terms and conditions of those third-party sites, and we disclaim all liability related to your sharing your trip maps or statistics in connection with any third- party service. Although we will strive to track and display information about you in your user profile accurately, we disclaim any liability for any errors or inaccuracies in any statistics displayed on your user profile or in the shared trips and statistics.

 

Interaction with Other Users

You acknowledge that we have no screening policy, and that anyone who creates a valid account will become a registered-account holder without any review or approval by us; provided, however, that we may, our sole discretion, terminate an account for any reason. You are solely responsible for your interactions with other users that occur as a result of the Services and any communications with other individuals in connection with the Services are at your own risk. We disclaim all liability for any actions of other users. Please use your discretion when deciding whether to share any of your personal information to another user.

 

Prohibited Conduct and Content; User Content

You will not violate any applicable law, contract, intellectual property right or other third-party right or commit a tort, and you are solely responsible for your conduct while using our Services. You will not:

 

• Engage in any defamatory, harassing, threatening, intimidating, predatory or stalking conduct;

• Use or attempt to use another user’s account without authorization from that user and Company, impersonate or post on behalf or any person or entity or otherwise misrepresent your affiliation with a person or entity;

• Sell, resell or commercially use our Services;

• Copy, reproduce, distribute, publicly perform or publicly display all or portions of our Services, except as expressly permitted by us or our licensors;

• Modify our Services, remove any proprietary rights notices or markings, or otherwise make any derivative works based upon our Services;

• Use our Services other than for their intended purpose and in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying our Services or that could damage, disable, overburden or impair the functioning of our Services in any manner;

• Reverse engineer any aspect of our Services or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of our Services;

• Attempt to circumvent any content-filtering techniques we employ or attempt to access any feature or area of our Services that you are not authorized to access;

• Use any data mining, robots or similar data gathering or extraction methods designed to scrape or extract data from our Services;

• Develop or use any applications that interact with our Services without our prior written consent;

• Send, distribute or post spam, unsolicited or bulk commercial electronic communications, chain letters, or pyramid schemes;

• Bypass or ignore instructions contained in our robots.txt file; or

• Use our Services for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms.

 

Our Services may allow you and other users to create, post, store and share content, including messages, text, photos, videos, software and other materials (collectively, “User Content”). You may only post or otherwise share User Content that is non-confidential and that you have all necessary rights to disclose. You are solely responsible for any User Content that you may upload, post, transmit or otherwise make available via the Services. Company does not control the User Content posted via the Services and, as such, we do not guarantee the accuracy, integrity, or quality of User Content. You understand that by using the Services, you may be exposed to User Content that you deem offensive or objectionable. Under no circumstances will we be liable in any way for any User Content, including, but not limited to, any errors or omissions in User Content, or any loss or damage of any kind incurred as a result of the use of any User Content posted, emailed, transmitted, or otherwise made available via the Services. You may not create, post, store or share any User Content that:

 

• Is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, defamatory, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory or fraudulent;

• Would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or otherwise create liability or violate any local, state, national or international law;

• May infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party; Contains or depicts any statements, remarks or claims that do not reflect your honest views and experiences; Impersonates, or misrepresents your affiliation with, any person or entity;

• Contains any unsolicited promotions, political campaigning, advertising or solicitations; Contains any private or personal information of a third party without such third party’s consent;

• Contains any viruses, corrupted data or other harmful, disruptive or destructive files or content; or

• In our sole judgment, is objectionable, restricts or inhibits any other person from using or enjoying our Services, or may expose Company or others to any harm or liability of any type.

 

Enforcement of this Section 8 is solely at Company’s discretion, and failure to enforce this section in some instances does not constitute a waiver of our right to enforce it in other instances. In addition, this Section 8 does not create any private right of action on the part of any third party or any reasonable expectation that the Services will not contain any content that is prohibited by such rules.

 

By posting, displaying, publishing, transmitting, or otherwise making available (individually and collectively, “posting”) any User Content on or through our Services, you hereby grant to Company a non-exclusive, fully- paid, perpetual, royalty-free, irrevocable, sub-licensable, worldwide license for the duration of copyright in your User Content, to use, copy, modify, adapt, translate, create derivative works, publicly perform, publicly display, store, reproduce, transmit, distribute, and otherwise make available such User Content on and through our Services, in print, or in any other format or media now known or hereafter invented, without any obligation of notification, compensation, attribution, or consent. If you wish to remove any User Content from the Website, your ability to do so may depend on the type of User Content, the location and manner of posting, and other factors. You may contact us at support@ridetoday.io  to request the removal of certain User Content you have posted.

 

However, you acknowledge and agree that we have no obligation to remove any such User Content, we may choose whether or not to do so in our sole discretion, and we make no guarantee as to the complete deletion of any such User Content and copies thereof. In any case, a back-up or residual copy of any User Content posted by you may remain on our servers after the User Content appears to have been removed from our Services, and we retain all rights granted in this paragraph to all such remaining copies.

 

We do not claim ownership rights in any User Content you post on or transmit through the Services. Subject to the license above, as between Company and you, you will retain all intellectual property rights that you may have in any User Content that you post on or transmit through the Services. You represent and warrant that: (i) you own all right, title, and interest in all User Content posted by you on or through our Services, or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your User Content on or through our Services does not violate the privacy rights, publicity rights, copyrights, trademarks, patents, trade secrets, contract rights, confidentiality, any other rights of any third party, or any terms of these Terms.

 

Ownership; Limited License

The Services, including the text, graphics, images, photographs, videos, illustrations and other content contained therein, are owned by Company or our licensors and are protected under both United States and foreign laws. Except as explicitly stated in these Terms, all rights in and to the Services are reserved by us or our licensors. Subject to your compliance with these Terms, you are hereby granted a limited, nonexclusive, nontransferable, non-sublicensable, revocable license to access and use our Services for your own personal, noncommercial use. Except for User Content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, make available, or sell any User Content or other content appearing on or through our Services. Any use of the Services other than as specifically authorized herein, without our prior written permission, is strictly prohibited, will terminate the license granted herein and violate our intellectual property rights.

 

Trademarks

TODAY, the name “TODAY” and our logos, our product or service names, our slogans and the look and feel of the Services are trademarks of Company and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned on the Services are the property of their respective owners. Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by us.

 

Feedback

You may voluntarily post, submit or otherwise communicate to us any questions, comments, suggestions, ideas, original or creative materials or other information about Company or our Services (collectively, “Feedback”). You understand that we may use such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you, including, without limitation, to develop, copy, publish, or improve the Feedback in Company’s sole discretion. You understand that Company may treat Feedback as non-confidential.

 

Repeat Infringer Policy; Copyright Complaints

In accordance with the Digital Millennium Copyright Act and other applicable law, we have adopted a policy of terminating, in appropriate circumstances, the accounts of users who repeatedly infringe the intellectual property rights of others. If you believe that anything on our Services infringes any copyright that you own or control, you may notify Company’s designated agent as follows:

 

Designated Agent: CSC

 

Address: 251 Little Falls Drive, Wilmington, DE 19808-1674

 

Telephone Number: 888-690-2882

 

E-Mail Address: sop@cscglobal.com

 

Please see 17 U.S.C. § 512(c)(3) for the requirements of a proper notification. Also, please note that if you knowingly misrepresent that any activity or material on our Services is infringing, you may be liable to Company for certain costs and damages.

 

Third-Party Content

We may provide information about third-party products, services, activities or events, or we may allow third parties to make their content and information available on or through the Services (collectively, “Third- Party Content”). We provide Third-Party Content as a service to those interested in such content. Your dealings or correspondence with third parties and your use of or interaction with any Third-Party Content are solely between you and the third party. Company does not control or endorse, and makes no representations or warranties regarding, any Third-Party Content, and your access to and use of such Third-Party Content is at your own risk.

 

Indemnification

To the fullest extent permitted by applicable law, you will indemnify, defend and hold harmless Company, our subsidiaries and affiliates, and each of our respective officers, directors, agents, partners and employees (individually and collectively, the “Company Parties”) from and against any losses, liabilities, claims, demands, damages, expenses or costs (“Claims”) arising out of or related to (a) your access to or use of the Services; (b) your User Content or Feedback; (c) your violation of these Terms; (d) your violation, misappropriation or infringement of any rights of another (including intellectual property rights or privacy rights); or (e) your conduct in connection with the Services. You agree to promptly notify Company Parties of any third-party Claims, cooperate with Company Parties in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including, but not limited to, attorneys’ fees). You also agree that the Company Parties will have control of the defense or settlement, at Company’s sole option, of any third- party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and Company or the other Company Parties.

 

Disclaimers

You expressly acknowledge that your use of our Services is at your sole risk. Our Services are provided “as is” and “as available” without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. In addition, Company does not represent or warrant that our Services are accurate, complete, reliable, current or error-free, or that the quality of the electric devices, content, products, services, information, or any material purchased or obtained by you through the Services will meet your expectations. We cannot and do not represent or warrant that our Services or servers are free of viruses or other harmful components. You assume the entire risk as to the quality and performance of the Services.

 

Limitation of Liability

To the fullest extent permitted by applicable law, Company and the other Company Parties will not be liable to you under any theory of liability—whether based in contract, tort, negligence, warranty, or otherwise—for any indirect, consequential, exemplary, incidental, punitive or special damages or lost profits, even if Company or the other Company Parties have been advised of the possibility of such damages.

 

The total liability of Company and the other Company Parties for any claim arising out of or relating to these Terms or our Services, regardless of the form of the action, is limited to the amount paid by you to use our Services in the twelve months prior to the claim.

 

The limitations set forth in this Section 16 will not limit or exclude liability for the gross negligence, fraud or intentional misconduct of Company or the other Company Parties or for any other matters in which liability cannot be excluded or limited under applicable law. Additionally, some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.

 

While TODAY has taken steps to protect riders from contracting diseases such as, COVID-19, through the use of antiseptic wraps on the handlebars and more frequent cleaning of the Devices, no one, including TODAY, can completely protect you from contracting diseases such as COVID-19. You acknowledge and agree that TODAY has no responsibility or liability to you or anyone else should you contract any disease, including COVID-19, from using the Devices.

 

TODAY strongly recommends that you follow the U.S. Center for Disease Control guidelines and wash your hands. Handwashing is one of the best ways to protect yourself and your family from getting sick. Wash your hands often with soap and water for at least 20 seconds, especially after using the Device. If soap and water are not readily available, use an alcohol-based hand sanitizer with at least 60% alcohol.

 

Release

To the fullest extent permitted by applicable law, you release Company and the other Company Parties from responsibility, liability, claims, demands and/or damages (actual and consequential) of every kind and nature, known and unknown (including, but not limited to, claims of negligence), arising out of or related to disputes between users and the acts or omissions of third parties. If you are a consumer who resides in California, you hereby waive your rights under California Civil Code § 1542, which provides: “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.”

 

Dispute Resolution; Binding Arbitration

Please read the following section carefully because it requires you to arbitrate certain disputes and claims with Company and limits the manner in which you can seek relief from us, unless you opt out of arbitration by following the instructions set forth below. No class or representative actions or arbitrations are allowed under this arbitration agreement. In addition, arbitration precludes you from suing in court or having a jury trial.

 

No Representative Actions. You and Company agree that any dispute arising out of or related to these Terms or our Services is personal to you and Company and that any dispute will be resolved solely through individual action, and will not be brought as a class arbitration, class action or any other type of representative proceeding.

 

Arbitration of Disputes. Except for small claims disputes in which you or Company seeks to bring an individual action in small claims court located in the county of your billing address or disputes in which you or Company seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, you and Company waive your rights to a jury trial and to have any dispute arising out of or related to these Terms or our Services resolved in court. Instead, for any dispute or claim that you have against Company or relating in any way to the Services, you agree to first contact Company and attempt to resolve the claim informally by sending a written notice of your claim (“Notice”) to Company by email at legaldocs@ridetoday.io or by certified mail addressed to TODAY, Attention: Legal Department, 433 Bishop St. NW, Ste B1, Atlanta, GA 30318. The Notice must (a) include your name, residence address, email address, and telephone number; (b) describe the nature and basis of the claim; and (c) set forth the specific relief sought. Our notice to you will be similar in form to that described above. If you and Company cannot reach an agreement to resolve the claim within thirty (30) days after such Notice is received, then either party may submit the dispute to binding arbitration administered by JAMS or, under the limited circumstances set forth above, in court. All disputes submitted to JAMS will be resolved through confidential, binding arbitration before one arbitrator. Arbitration proceedings will be held in Fulton County, Georgia, in accordance with the JAMS Streamlined Arbitration Rules and Procedures (“JAMS Rules”). The most recent version of the JAMS Rules are available on the JAMS website and are hereby incorporated by reference. You either acknowledge and agree that you have read and understand the JAMS Rules or waive your opportunity to read the JAMS Rules and waive any claim that the JAMS Rules are unfair or should not apply for any reason.

 

You and Company agree that these Terms affect interstate commerce and that the enforceability of this Section 18 will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the “FAA”), to the maximum extent permitted by applicable law. As limited by the FAA, these Terms and the JAMS Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any dispute and to grant any remedy that would otherwise be available in court, including the power to determine the question of arbitrability. The arbitrator may conduct only an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual.

 

The arbitrator, Company, and you will maintain the confidentiality of any arbitration proceedings, judgments and awards, including, but not limited to, all information gathered, prepared and presented for purposes of the arbitration or related to the dispute(s) therein. The arbitrator will have the authority to make appropriate rulings to safeguard confidentiality, unless the law provides to the contrary. The duty of confidentiality does not apply to the extent that disclosure is necessary to prepare for or conduct the arbitration hearing on the merits, in connection with a court application for a preliminary remedy or in connection with a judicial challenge to an arbitration award or its enforcement, or to the extent that disclosure is otherwise required by law or judicial decision.

 

You and Company agree that for any arbitration you initiate, you will pay the filing fee and Company will pay the remaining JAMS fees and costs. For any arbitration initiated by Company, Company will pay all JAMS fees and costs. You and Company agree that the state or federal courts of the State of Georgia and the United States sitting in Fulton County, Georgia have exclusive jurisdiction over any appeals and the enforcement of an arbitration award.

 

Any claim arising out of or related to these Terms or our Services must be filed within one year after such claim arose; otherwise, the claim is permanently barred, which means that you and Company will not have the right to assert the claim.

 

You have the right to opt out of binding arbitration within 30 days of the date you first accepted the terms of this Section 18 by emailing us at support@ridetoday.io. In order to be effective, the opt-out notice must include your full name and address and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve disputes in accordance with Section 19.

 

If any portion of this Section 18 is found to be unenforceable or unlawful for any reason, (a) the unenforceable or unlawful provision shall be severed from these Terms; (b) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of this Section 18 or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to this Section 18; and (c) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration. Further, if any part of this Section 18 is found to prohibit an individual claim seeking public injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought out of arbitration, and the remainder of this Section 18 will be enforceable.

 

Governing Law and Venue

Any dispute arising from these Terms and your use of the Services will be governed by and construed and enforced in accordance with the laws of Florida, except to the extent preempted by U.S. federal law, without regard to conflict of law rules or principles (whether of Florida or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any dispute between the parties that is not subject to arbitration or cannot be heard in small claims court will be resolved in the state or federal courts of Florida and the United States, respectively, sitting in Fulton County, Georgia.

 

Modifying and Terminating our Services

We reserve the right to modify our Services or to suspend or stop providing all or portions of our Services at any time. You also have the right to stop using our Services at any time. We are not responsible for any loss or harm related to your inability to access or use our Services.

 

Severability

If any provision or part of a provision of these Terms is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.

 

Miscellaneous

The failure of Company to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity. You agree that communications and transactions between us may be conducted electronically.