User Agreement

CHARLESTON MOBILITY LLC d/b/a TODAY (COLLECTIVELY, “TODAY,” “we,” “our,” or “us”),

 

DEVICE RENTAL AGREEMENT, WAIVER OF LIABILITY, AND RELEASE

 

Last Updated: September 6, 2023

 

In order to rent a Device, You must have a valid driver’s license. Before You click “Rent,” please read this agreement carefully. It sets forth the legally binding terms and conditions for Your use of the Services (as defined below), will affect Your legal rights, and will limit or eliminate Your ability to bring future legal actions.

 

In consideration of Your use of any of the Services provided by TODAY, TODAY requires that you (“Rider”, “You”, or “Your”) agree to all terms and conditions in this Device Rental Agreement, Waiver of Liability, and Release (“Agreement”).

 

We reserve the right, in our sole discretion, to unilaterally amend, modify, or otherwise change this Agreement at any time. We will post a revised version of this Agreement on our website or mobile application (collectively, the “Site”). Your continuing use of the Services after a revised version of this Agreement is posted constitutes Your agreement to such revised Agreement. If You do not agree with the revised version of the Agreement, You must stop using our Services. You agree to carefully review this Agreement on the Site from time to time, and agree that each time You rent a Device (as defined below), the then-current version of the Agreement as posted on the Site will apply.

 

 Services Generally

The “Services” provided by TODAY are composed of several elements, including (1) automated self-serve rental system of TODAY electric Devices (“Device” or “Devices”), (2) discretionary charging of the Device by Rider through the TODAY charger option, and (3) all other related equipment, personnel, services and information provided or made available by TODAY. The Services are provided by TODAY only within the city in which you rent the Device (“Location City”). You agree and acknowledge that You are renting the Device and that ownership of the Device remains with TODAY at all times. Except as provided below for Multi-Rental Rides, You further agree and acknowledge that Rider is the sole renter and is solely responsible for compliance with all terms and conditions contained herein. You understand that when You rent a Device, that Device must be used only by You, and You must not allow other users to use a Device that You have rented. A valid credit or debit card and a valid phone number and phone capable of receiving SMS messages is required to rent a Device. The Devices may be rented by and used by individuals at least 18 years of age only and subject to the laws of the Location City. If You falsify or misrepresent Your age, You and Your legal guardian shall bear full responsibility for all Claims (as defined below) related to such misrepresentation.

 

 Fees

We agree to rent to You, and You agree to rent from us, the Devices through the Services subject to the terms and conditions of this Agreement and in accordance with the rates set forth on the Site, which are subject to applicable sales taxes and other local government charges and which may be modified from time to time at our sole discretion. The rates vary between Location Cities and will be provided to you through the Site when you start your rental. You understand and agree that the purpose of the Services is to provide short-term access to Devices and that Your use of a Device shall not exceed 24 hours or such shorter time as we may inform You at the time You rent the Device. Any Devices not returned within 24 hours will be deemed stolen or lost. You assume full responsibility for care of the Devices during the period of time You rent the Devices (“Rental Period”).

 

If the Device is damaged, stolen, or lost during the Rental Period, You shall immediately return any such damaged Device or report any such stolen or lost Device to us. You shall compensate TODAY if the Device is damaged (excluding damage from normal wear and tear), stolen, or lost during the Rental Period. Amounts due for a damaged, stolen, or lost Device will be charged to the credit or debit card associated with Your account up to a maximum of $1500 per Device. If the Device is damaged, You will be charged the cost to repair damages, as determined by us and our affiliates in our sole discretion, when the damages are reported to or discovered by us. You hereby authorize us to charge Your credit or debit card for all fees incurred by You as well as such amounts due in connection with any overdue, damaged, stolen, or lost Device, and we may, at our sole discretion, place an authorization hold on Your credit or debit card to cover any such amounts. If You dispute any charge on Your account, then You must contact us within ten days of Your receipt of Your statement containing the disputed charge.

 

We respect Your right to dispute any charge on Your credit or debit Card; however, we reserve the right to challenge such disputes and to cancel your authorization to ride our Devices and to terminate your Account if your use of charge disputes is abusive, unreasonable or excessive.

 

All amounts due and payable to us will be charged to Your credit or debit card. In the event that the credit or debit card charges are not paid to us, other collection procedures may be employed. You agree to pay all of our costs of collection, including, without limitation, reasonable attorneys’ fees, if You do not pay amounts owed hereunder when due.

 

Multi-Rental Rides

Once you have established Your Account, you may be authorized to enable other persons who satisfy all conditions of this Agreement to ride Devices using your billing information and whose rides will be charged to your credit or debit card.  You acknowledge and agree that You are responsible for all of such riders, including their compliance with all terms of this Agreement, and that if they or You violate any terms or provisions of this Agreement, You are responsible for all Claims (as defined below) arising from such riders.

 

All riders which you agree to allow to ride TODAY Devices using Your Account and credit and debit card will be required to create their own Account, to sign this Rental Agreement and TODAY’s User Agreement as if they were renting the Device themselves, and to follow all provisions of this Agreement and the User Agreement.

 

Any rider which you agree to allow to ride TODAY Devices using Your Account and credit and debit card must be at least 18 years of age and must have their own driver’s license.  DO NOT ALLOW ANY RIDER TO RIDE THE DEVICES USING YOUR ACCOUNT AND CREDIT AND DEBIT CARD AS PAYMENT IF THEY DO NOT SATISFY ALL TERMS AND CONDITIONS OF THIS AGREEMENT AND THE TODAY USER AGREEMENT.  YOU WILL BE HELD RESPOSIBLE FOR ALL SUCH RIDERS ACTIONS AND CHARGES AND ANY CLAIMS ASSOCIATED WITH SUCH RIDERS.

 

Fines

TODAY reserves the right to fine riders up to $100 for illegally parked devices, impound fees, devices driven beyond city lines, devices blocking handicapped spots and/or damages due to vandalism. Riders will be charged up to $200 for repeat offenses. Fine areas are marked “red” on the map inside the TODAY App.

 

Ride Credits

Ride fees are non-refundable. If you notify TODAY within eight hours of your ride that there is an issue with a Device or your ride, and TODAY determines that the ride fee should be changed, TODAY may issue to you a ride credit (“Ride Credit”). If you are issued a Ride Credit, it will be shown on your TODAY account balance. Ride Credits have no expiration date, and can be used in any city that TODAY operates.

 

Rental and Use of Device

You agree to treat the Devices with due care. You are responsible for loss or damage to any Device rented by You due to theft, mysterious disappearance, or any other cause, other than ordinary wear and tear. Before using a Device, You shall conduct a basic safety inspection of the Device, which includes inspecting the following: (i) trueness of the wheels; (ii) safe operation of all brakes and lights; (iii) good condition of the frame; (iv) sufficient battery charge power; and (v) any sign of damage, unusual or excessive wear, or other mechanical problem or maintenance need. You agree not to ride the Device if there are any noticeable issues, and to immediately notify customer service to alert TODAY of any problems. If You discover a defect during Your rental, You agree to promptly and safely stop riding the Device and to report it to us prior to the end of Your rental. The Site has a triangle button feature on the map screen that enables defect reporting, and it will also prompt you to report any defects after conclusion of the rental.

 

If You leave a Device unattended at any time for any reason, You are responsible for securing and returning the Device through the Site (“Locking”) to protect against theft of the Device. You agree to ensure that when the Device is returned through the Site, the Lock is successfully engaged which is indicated by the LED light shutting off and a voice prompt. You shall not leave any Device unattended at any location at any time for any reason, unless it is secured as specified above.

 

You agree to finish the ride and return the Device before your phone battery runs out. You acknowledge that any Device not returned may incur additional charges in accordance with this Agreement. TODAY will try to automatically lock and return Devices that are idle for more than 5 minutes, but we are not responsible if the accelerometer idle detection algorithm fails. If your battery fails and You cannot lock the Device, You may be charged for the extra time incurred after leaving the Device idle. Similarly, You agree to return the Device if making a stop exceeding 5 minutes. If Your phone dies, You are responsible for waiting by the Device until it locks or emailing us at support@Ridetoday.io your email address and we will lock the Device for You remotely. If You leave the Device unlocked and someone takes it during this 5-minute period, our idle detection will not register that You have ended the Rental Period and You will be responsible for the charges during the remainder of the Rental Period.   If Your phone is dead for 20 minutes and subsequently does not send us position data, we will automatically lock the Device. You are then responsible for charges for the 20 minutes. At the start of the application we ask You to enable location updates in the Site while the Site is in the background. If You do not authorize that, and select location updates while using, we are not able to receive location updates while Your screen is locked, so You either have to unlock the screen every 20 minutes, or the Device will lock. You are then able to immediately re-rent the Device, but the ride-starting fee will apply.

 

Upon the end of the Rental Period, You agree to return the Device within the Location City and to secure the Device with the Lock. In the event we permit return of the Device to any location that is not within the Location City, additional fees will apply and You agree to secure the Device as specified above. You agree to refer to the Site for further requirements for returning the Device and to comply with any and all such requirements and instructions.

 

You shall provide us with Your name, address, phone number, email, and payment information, as well as other information as may be required. You shall make sure that all information provided is accurate and promptly updated, in the event of any change. Use of our Services or the rental of any Device based on the provision of false or fraudulent information shall be considered theft. For information about how we collect, use, share and otherwise process information about You, please see our Privacy Policy, which is available on our Site and at the following link: https://www.Ridetoday.io/privacypolicy/. The Terms of Service governing access to and use of the Site is available on the Site and at the following link: https://www.Ridetoday.io/termsandconditions/.

 

Prohibited Uses

You shall not do any of the following:

 

• Use any Device if You are younger than 18 years of age.

 

• Ride without a helmet and other protective equipment.

 

• Exceed speed limit of 15 mph.

 

• Lift the Device up for any reason.

 

• Attach or remove anything from the Device.

 

• Use any Device if You exceed the maximum weight limit (240 pounds) of the Device.

 

• Ride any Device if you feel unsafe, unsteady or unable to safely operate or control the Device.

 

• Use any Device if You have any existing physical or mental condition that would prohibit You from safely operating or controlling the Device.

 

• Operate a Device while carrying any item that impedes Your ability to safely operate and control the Device.

 

• Operate a Device while under the influence of alcohol, drugs, or any other substance that impairs Your ability to safely operate and control the Device.

 

• Use any cell phone or mobile electronic device for any use that distracts You from the safe operation of the Device, including, but not limited to, phone calls, text messages, or music.

 

• Except as provided above for Multi-Rental rides, allow any other person to use the Device.

 

• Allow more than one person to ride or be carried on the Device.

 

• Violate any applicable federal, state, or local law or regulation or traffic rules.

 

• Operate or use a Device in poor lighting conditions, or where You are not able to see clearly.

 

• Operate or use a Device in any manner during adverse weather conditions, including, but not limited to, snow, ice, high winds, hail, dust storms, fog, heavy rains, or lightning storms.

 

• Ride or operate a Device that has any defect, fails to operate as a properly functioning Device, or that is in need of repair.

 

• Use any Device if it, or any component of it, appears to be or becomes defective or malfunctions.

 

• Use the Device for racing, tricks, jumping, stunt riding, off-road riding, or in any other hazardous manner.

 

• Use the Device for any commercial purposes.

 

• Tow, pull, carry, or push any person or object with a Device.

 

• Remove, dismantle, write on, deface, misuse, or modify any accessories, parts, or components of any Device.

 

RELEASES; DISCLAIMERS; LIMITATION OF LIABILITY; ASSUMPTION OF RISK

The Device is rented to You “as is” and all Services are provided “as available” without any warranty, express or implied, including warranties of merchantability or fitness for any particular purpose.

 

We do not guarantee that the Services will be available at all times, as use of the Devices by other users, repairs, force majeure events, or other circumstances might prevent us from providing the Services. Access to the Devices is conditioned upon the availability of Devices. We do not guarantee, represent, or warrant the availability of the Services or the availability of any Device. We may suspend all or part of the Services, may relocate Location Cities, reduce the number of Devices available for rent, and otherwise operate the Services in our sole discretion. Rider should use the Site to check the availability of Devices. You agree that TODAY may require You to return a Device at any time, regardless of the period for which it was originally rented, and that You shall comply with any such requirement.

 

You hereby acknowledge and assume all risks of using the Services. You acknowledge that riding a Device is inherently dangerous and carries with it the potential for serious bodily injury, permanent disability, paralysis and death, and property damage and loss. You acknowledge and agree that it is Your responsibility to determine whether You are sufficiently fit and healthy enough to safely use the Services and  to ride the Devices, which You elect voluntarily. You have no physical or medical condition that would endanger You or others if You use the Services, or would interfere with Your ability to safely use the Services. You also certify that You have not been advised against cycling, riding Devices or any other activity related to the Services by any health professional. You understand and acknowledge that there may be heavy vehicle and pedestrian traffic. You assume all other risks associated with using the Services and the Devices including, without limitation: falls; dangers of collision with vehicles, pedestrians, and fixed objects; dangers arising from surface hazards, equipment design failure, and inadequate safety equipment; hazards posed by vehicles, pedestrians, and other cyclists; and weather conditions. You further acknowledge that these risks include risks that may be the result of the failure or design of equipment supplied by, or the negligent acts, omissions or carelessness of, the Released Parties (as defined below). You understand that You will be using the Services at Your own risk, that You are responsible for the risks of using the Services, and that Your use of the Services is fully voluntary.

 

You have been advised to wear a protective helmet while using the Services and riding the Devices. You understand and acknowledge the increased risk for personal injury, permanent disability, paralysis and death due to not wearing a protective helmet. You assume responsibility for any injury, loss, or damage associated with Your choosing not to wear a protective helmet; further, because helmets do not protect against all head injuries, and do not protect against other injuries, You assume responsibility for any injury, loss, or damages associated with Your use of the Services even if You choose to wear a protective helmet. You also agree to only ride the Device on sidewalks and not on public roads or bike paths on public roads.

 

You understand and acknowledge the dangers associated with the consumption of alcohol or drugs while riding a Device and You recognize that consumption of alcohol or drugs might impair Your judgment and motor skills. You agree not to use the Device while under the influence of alcohol or drugs, and further assume responsibility for any injury, loss, or damage associated with Your consumption of alcohol or drugs.

 

To the fullest extent permitted by applicable law, You waive, release, and forever discharge TODAY, TODAY’s sponsors, organizers, promoters, staff, advertisers, volunteers, property owners, administrators, contractors, any and all other vendors and all other individuals or entities involved with providing the Services, and all state, city, town, county, and other governmental bodies or municipal agencies whose property or personnel are used or in any way assist in locations in which the Services are provided, and each of their respective parent, subsidiary and affiliated companies, officers, directors, partners, board members, shareholders, attorneys, insurers, agents, employees, volunteers, and other participants and representatives (individually and collectively, the “Released Parties”) from any and all claims, liabilities of every kind, demands, damages (including without limitation, direct, indirect, incidental, consequential and punitive), losses and causes of action (whether known, unknown, asserted, unasserted, fixed, conditional, or contingent), of any kind or nature (including without limitation, those based in contract, tort, statutory, or other grounds), which You have or may have in the future, including court costs, attorneys’ fees and litigation expenses (individually and collectively, the “Claims”) that may arise out of, or result from, Your use of the Services, including death, personal injury, temporary or permanent disability, property damage and damages of any kind, property theft, and Claims relating to the provision of first aid, medical care, medical treatment, or medical decisions and any claims for medical or hospital expenses, even if such Claims are caused by the negligent acts, omissions, or the carelessness of the Released Parties and even if the Released Parties have been advised of the possibility of such Claims. Any such release is intended to be a complete and general release of all Claims. The Released Parties may plead such releases as a complete and sufficient defense to any Claim, as direct or intended third party beneficiaries of such releases.

 

You further covenant and agree not to sue any of the Released Parties for any of the Claims that You have waived, released, or discharged herein.

 

You agree to indemnify, defend, and hold harmless the Released Parties from any and all expenses incurred, Claims made by You or third parties, for liabilities assessed against the Released Parties, including, but not limited to, court costs, attorneys’ fees, and litigation expenses, arising out of or resulting from, directly or indirectly, in whole or in part, Your breach or failure to abide by any part of this waiver, by Your breach or failure to abide by the rules set forth in this Agreement or provided to You at the time You use the Services or Your actions or inactions which cause injury or damage to any other person.

 

You understand that TODAY does not provide insurance coverage for damage or injuries incurred during use of the Services. You agree to be responsible and assume liability for any and all costs incurred as a result of using the Services, including, without limitation, ambulance transport services, hospital stays, and medical treatment. You agree to indemnify and hold harmless the Released Parties from all liability for such costs.

 

You understand that we reserve the right, at our sole and complete discretion, to deny Your use of the Services.

 

For the avoidance of doubt and to the fullest extent permitted by applicable law, You do hereby acknowledge and agree that we and all other Released Parties are not responsible or liable for any Claim that arises out of or relates to (i) any risk, danger, or hazard described in this Agreement, (ii) Your use of, or inability to use, any Service, Device, or related information, (iii) Your breach of this Agreement or Your violation of any law, (iv) any misconduct, or other action or inaction by You, or (v) Your failure to wear a helmet while using the Services. You do hereby waive all Claims with respect to any of the foregoing, including those based in contract, tort, statutory, or other grounds, even if we have been advised of the possibility of such Claims. Further, to the fullest extent permitted by applicable law, in no event shall we or any Released Party be liable for any indirect, punitive, incidental, special, consequential, or exemplary damages, including, without limitation, damages for loss of profits, goodwill, use, data, or other intangible losses, that result from the use of, or inability to use, the Services. Moreover, if we, or any Released Party, are found to be liable for any Claims on any basis, such liability shall be limited to the greater of (a) the total fees paid by You hereunder or (b) one hundred US dollars ($100).

 

Additional Terms of Use

You need to comply with all signs and laws, including, without limitation, laws that prohibit the Device from being used in a particular location.

 

In order to rent a Device, You must have a valid driver’s license.

 

Rider agrees that TODAY does not provide or maintain places to ride Devices, and that TODAY does not guarantee that there will always be a safe place to ride a Device. Sidewalks, bicycle lanes, and other routes may become dangerous due to weather, traffic, or other hazards.

 

The Device is an electric vehicle that requires periodic charging of its battery in order to operate. Rider agrees to use and operate the Device safely and prudently in light of the Device being an electric vehicle and all of the limitations and requirements associated therewith. Rider understands and agrees with each of the following:

 

The level of charge power remaining in the Device will decrease with use of the Device (over both time and distance), and that as the level of charge power of the Device decreases, the speed and other operational capabilities of the Device may decrease (or cease in their entirety).

 

The level of charging power in the Device at the time Rider initiates the rental or operation of Device is not guaranteed and will vary with each rental use.

 

The rate of loss of charging power during the use of the Device is not guaranteed and will vary based on the Device, conditions, weather conditions and other factors.

 

It is Rider’s responsibility to check the level of charge power in the Device and to ensure that it is adequate before initiating operation of the Device.

 

The distance and time that Rider may operate the Device before it loses charging power is never guaranteed.

 

The Device may run out of charging power and cease to operate at any time during Rider’s rental of the Device, including before reaching Rider’s desired destination.

 

If the Device runs out of charging power during the Rental Period, Rider shall conclude the ride in compliance with all terms of this Agreement.

 

Rider agrees that TODAY is not a common carrier. Alternative means of public and private transportation are available to the general public and to Rider individually, including public buses and rail service, taxis, and pedestrian paths. TODAY provides Devices only as a convenience, and such rental availability is intended to be used only by those persons who are able and qualified to operate a Device on their own and who have agreed to all the terms and conditions of this Agreement.

 

Termination

TODAY may, in our sole discretion and without any prior notice or cause, unilaterally terminate Your right to use the Services. You may terminate Your use of the Services at any time; provided, however, that (i) TODAY will not be obligated to provide You any refund; and (ii) You may still be charged any applicable additional fees arising under this Agreement.

 

Media Release

We reserve the right to photograph and record You using the Devices. You hereby give us the right to use Your image and likeness (including caricature), and any reproduction or simulation thereof, in any media now known or hereafter developed, both during and after the term of this Agreement, for whatever purpose we deem necessary or desirable. You hereby waive any right to royalties or other compensation arising from or related to any such use by us or our affiliates.

 

Notice

We may be contacted by emailing us at support@Ridetoday.io or by mailing us at TODAY, 433 Bishop St NW, Ste B1, Atlanta, GA 30318, attention: Customer Service.

 

Miscellaneous

This Agreement contains the complete, final, and exclusive integrated agreement between the parties with respect to its subject matter, and supersedes all other prior agreements, written or oral, relating to such subject matter. The failure of TODAY to exercise of enforce any right or provision of this Agreement will not operate as a waiver of such right or provision. If any provision or part of a provision of this Agreement is held unlawful, void or unenforceable, the validity of the remaining portions or provisions of this Agreement shall remain in full force and effect. This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Georgia without regard to conflict of law rules or principles (whether of the State of Georgia or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Termination of this Agreement or Your right to use the Services will not relieve You of any payment obligations hereunder. TODAY shall not be liable for failure to perform any of our obligations hereunder for reasons that are beyond our reasonable control including, without limitation, fire, flood, earthquake, natural disaster, interruptions in supply, war, embargo, riots, or acts of terrorism.

 

Acceptance of Agreement

You hereby affirm that (i) You are at least 18 years of age, (ii) You have the legal and mental capacity to enter into this Agreement, and (iii) You have read and agreed to this Agreement, fully understand its content, and intentionally and voluntarily accept its terms.