IMPORTANT NOTICE: IT IS CRITICAL TO UNDERSTAND THAT BY ACCEPTING THESE TERMS, YOU ARE CHOOSING NOT TO PURSUE LEGAL ACTION IN COURT NOR TO HAVE A JURY TRIAL TO RESOLVE ANY DISPUTES.

ATTENTIVELY REVIEW THESE SERVICE TERMS SINCE THEY INCLUDE KEY AGREEMENTS ABOUT HOW TO RESOLVE DISPUTES BETWEEN YOU AND MOOV – PARTICULARLY, THE ARBITRATION SETTLEMENT IN SECTION 2. THIS SETTLEMENT MANDATES ALL DISAGREEMENTS WITH MOOV TO BE SETTLED INDIVIDUALLY THROUGH FINAL AND BINDING ARBITRATION. THIS DOCUMENT DETAILS THE METHOD FOR RESOLVING CLAIMS, INCLUDING THOSE ESTABLISHED OR ASSERTED PRIOR TO THE EFFECTIVENESS OF THESE SERVICE TERMS. BY ACCEPTING THESE TERMS, YOU ACKNOWLEDGE YOUR UNDERSTANDING AND CONSIDERATION OF THIS SIGNIFICANT DECISION.

The Service Terms ("Terms") form a legally enforceable contract between you and MOOV Enterprises LLC, including its associated entities, agents, leadership, and directors (together, "MOOV"), regulating your use of MOOV’s tailored, versatile, digital platform ("MOOV Rideshare Platform") along with any related services or content, which encompasses but is not limited to mobile and/or web applications ("Apps" or "MOOV App," collectively with the MOOV Rideshare Platform, referred to as the "Services").

Should you opt to offer transport (e.g., ride-hailing, carpooling, commercial transit), logistics, delivery (e.g., food, parcels, other items), or other services ("External Services") now or hereafter, these Terms do not affect or invalidate any existing agreements you may hold with MOOV concerning such External Services. Where there's any conflict between such agreements and these Terms regarding the provision of External Services, those agreements, to that extent, take precedence over these Terms for any disputes related to your External Services offering; otherwise, relevant clauses within these Terms apply.

1. Legal Relationship, Discontinuation, and Amendments

Your access to and use of the Services, in addition to these Terms, is governed by terms available on our website, including the Privacy Policy (how we handle your data), Community Standards, Referral Programs, and other applicable MOOV guidelines and policies (including safety standards, accessibility, and U.S. Service Animal Guidelines), collectively termed “Supplementary Terms.”
The Terms, encompassing these Service Terms and Supplementary Terms, regulate your use or access to the Services within the United States and its territories. Usage of Services in other countries is subject to MOOV's country-specific terms. The phrases "including" and "include" signify "not limited to."
By accessing or utilizing the Services, you confirm your agreement to these Terms. If you disagree with the Terms, you should not use or access the Services.

Discontinuation
 
MOOV may, at its sole discretion, end these Terms or any Services regarding you, or overall cease offering or deny access to the Services or any part thereof, at any moment for any reason.
 
Amendments
 
MOOV reserves the right to modify these Terms or its Service-related policies at any time, effective upon the updated version's posting on the Services or MOOV’s website. Regularly reviewing these Terms is advisable, as your continued Service usage after such changes indicates your agreement to them.

2. Dispute Resolution Through Arbitration
 
By accepting these terms, you acknowledge the obligation to settle any disputes with MOOV individually through binding arbitration, as detailed in this Dispute Resolution Through Arbitration clause, excluding any form of class, collective, coordinated, consolidated, mass, or representative actions. Binding arbitration is a confidential process where disputes are resolved by one or more arbitrators whose decision is final, effectively opting out of the court system. Both you and MOOV waive the right to a trial by jury.

This clause prevents you from initiating or joining any class, collective, or mass legal actions against MOOV and from participating in or obtaining benefits from any such actions filed by others, with specific exceptions outlined in Section 2(a)(3)(c). It is agreed that the arbitrator will not conduct any class, collective, or mass arbitration, nor consolidate multiple individuals' claims against MOOV into a single proceeding, with certain exceptions noted in Section 2(a)(3)(c).

a) Commitment to Binding Arbitration Between You and MOOV

1. Scope of Disputes: Except as detailed in Section 2(b), all disputes, claims, or controversies arising from or related to these Terms, the use of MOOV's services, any incidents or accidents causing personal injury or death that you claim occurred in connection with using MOOV's services, and your overall relationship with MOOV, are to be resolved exclusively through binding arbitration on an individual basis, not in court. This commitment to arbitration survives beyond the termination of your relationship with MOOV.
    

2. Exclusion of Group Actions: Disputes between the parties will only be resolved on an individual basis through arbitration. There is an express waiver of any right to bring disputes as any form of group action, and neither arbitrators nor arbitration institutions have the authority to handle disputes as class, collective, or mass actions or to award non-individualized relief, except as part of a class-wide settlement.
    

3.  Prohibition of Mass Actions:
   
   a) Mass Action Waiver: Disputes are to be resolved solely through individual arbitration, with no authority granted for mass action arbitrations, except as noted in Section 2(a)(3)(c). The definition of a "Mass Action" includes scenarios where either party is represented by a law firm filing multiple similar arbitration demands.
   
   b) Process for Dispute Resolution: In cases where a Mass Action is alleged, a panel of three arbitrators will determine the validity of such a claim, with any related arbitration fees or procedures paused until a resolution is reached. Parties have the option to opt-out of arbitration within 30 days following the arbitrators' decision regarding a Mass Action claim.
   
   c) Procedure for Handling Mass Arbitration Demands: If a Mass Action proceeds and neither party opts out, arbitration demands will be grouped and processed in batches for efficiency. A Special Master may be appointed to resolve preliminary issues before arbitration demands proceed, ensuring a streamlined process.
   
   d) ​Initiation and Conduct of Arbitration: Prior to demanding arbitration, parties must attempt to resolve disputes informally. If arbitration is pursued, the initiating party must notify the other in writing, following specific protocols for initiating arbitration and adhering to the chosen arbitration institution's rules.
   
   e) Location and Procedures: Arbitration will take place in the county of your residence (for U.S. residents) or where the dispute arose, with the arbitration institution's rules governing the proceedings.
   
   f) Judgment and Awards: The arbitrator's decision will be final and binding, with the right to entry of judgment in a court of competent jurisdiction. The arbitrator is authorized to award costs to the prevailing party as per state laws where the arbitration occurs.
   
   g) Responsibility for Fees: Parties are responsible for arbitration fees as per the rules of the arbitration institution, with provisions for fee waivers under certain income thresholds.
   
   h) Severability: Should any part of this Arbitration Agreement be deemed unenforceable, the remainder remains in effect, ensuring that any claims not subject to arbitration will be resolved in court, with all litigation stayed pending the outcome of individual claims in arbitration.

 
4. Service Overview

Our platform provides you, along with other users, the opportunity to discover, request, or receive:
 

1. Services from independent service providers, including but not limited to vendors, retailers, food establishments, drivers, delivery personnel, and operators or providers of autonomous vehicle fleets (“Service Partners”).
    

2. Customized content, such as product or service recommendations and advertisements, tailored to your preferences and interests.
    

3. Ancillary services, which include enabling you to specify preferences regarding the Services or Service Partners, processing payments, and offering customer support. These Services are available exclusively for your private, non-commercial use unless a separate agreement is made with us in writing.
    

Upon placing a request, we alert Service Partners about the availability of your request so they can fulfill it. The decision to offer Services to you lies with the Service Partners, and the choice to accept any offered services is yours. Note that after initiating your request for Services, options to reschedule or cancel may not be available. Should we manage to reschedule or cancel your request, fees may apply, and refunds for already purchased items on your behalf might not be provided.

Our Services are accessible exclusively to registered users and not to the general public. Your engagement with Service Partners via our Services does not position us as providers of any services other than those described here. Service Partners operate independently and are not considered agents or employees of our company in any capacity. Our efforts to enhance your experience or ensure safety do not imply an employer or agency relationship with any Service Partner.

5. App Store Dependencies

The availability of our Services might depend on the third-party app store from which the application was downloaded, such as the Apple App Store or Google Play Store. The terms outlined here are between you and us, not with the app store. In the case of downloads from the Apple App Store, Apple and its subsidiaries are third-party beneficiaries of these terms. Once you accept these terms, Apple has the right to enforce these terms against you as a third-party beneficiary. Our terms incorporate by reference Apple’s Licensed Application End User License Agreement, where applicable, with you as the "end-user." In cases of conflict, our terms prevail.

6. Ownership, Licensing, and Restrictions

All rights, titles, and interests, including intellectual property rights in the Services, remain with us or our licensors. These terms do not imply a sale and confer no rights in the Services or intellectual property rights other than the limited license granted here. Under these terms, you are granted a limited, non-exclusive, revocable, non-transferable license to access and use our application on your personal device solely for personal, non-commercial purposes. Any use of our intellectual property outside of these parameters requires explicit written consent from us. Prohibited actions include but are not limited to modifying, distributing, or creating derivative works based on the Services; decompiling or reverse-engineering the Services; or attempting unauthorized access to the Services or related systems.

7. Services and Content from Third Parties

While our app offers access to a variety of Third-Party Services, some services or content may require leaving the app. Upon accessing external links, you will be subject to the terms, conditions, and privacy policies of that external service, which may differ from ours. We do not endorse, nor are we liable for, the products or services provided by third parties. Service offerings may include autonomous vehicle options, governed by specific operational levels and terms provided by the autonomous vehicle fleet providers.

8. Access Requirements

Creating and maintaining an active personal account is necessary for most of our Services. Registration requirements include being of legal age as determined by your jurisdiction and the prohibition of account sharing. You are responsible for all activity under your account and must safeguard your account information. Account setup requires submitting personal information, which must be accurate and up-to-date. Access to our Services may be conditioned on identity verification.

9. User Conduct and Interaction

Your use of the Services must comply with all applicable laws and is intended for lawful purposes only. The responsibility for the use of child restraint systems or the transport of animals falls on you, with specific guidelines provided for each scenario. Communications from us will be in the form of emails, texts, calls, or through in-app notifications, with options available for managing how you receive these communications.
Content Contribution and Feedback: Any content you provide is subject to our Content Policy, and feedback you provide falls under our Feedback Policy, both incorporated by reference into these terms.

10. Pricing and Fees

Engaging with our platform may lead to costs for the services or goods you acquire from us or our associated Service Partners (“Fees”). The price presented at the time of purchase encompasses both the retail price set by the Service Partner and any fees due to us. We facilitate the payment of these Fees for services or goods acquired through our platform. Fees will include taxes as mandated by law, along with other possible fees like delivery charges, service fees, product return fees, cancellation fees, and any government-required fees or tolls.

MOOV complies with all applicable state and city policies under which we operate.  This includes the December 1 TNC rules under Article 17 (HF5247*/SF5234/CH127).  A summary of the requirements can be found at this link: https://www.house.mn.gov/NewLaws/consolidated/2024 under Article 17.

For transactions involving Service Partners, the Fees you incur are payable directly to them. We act solely as a limited payment collection agent on behalf of the Service Partner, meaning payment made through us is considered as direct payment to the Service Partner. You have the option to negotiate lower Fees with a Service Partner for their services or goods at the time of transaction. Conversely, a Service Partner may seek to charge higher Fees, which you agree to pay should there be a discrepancy in the final products or services received. We will consider any requests to modify the Fees in good faith.

Some Fees may be directly owed and paid to us. It's important to note that while accessing our app is free, accessing certain Third-Party Services through it may incur fees. Despite potential differences in displayed prices for the same items through our platform versus in-store or on other platforms, you are responsible for all Fees incurred through your account.
All transactions and payments will be processed using your designated payment method on file, followed by a receipt. If your primary payment method is declined, we may attempt to charge an alternative method in your account.

We reserve the right to adjust or establish Fees for any services or goods provided through the platform at any time, and while we aim to inform you of applicable Fees, you are responsible for all Fees charged to your account.

Refunds and Cancellations

All Fees paid are generally non-refundable unless specified by us or the Service Partner. If you wish to cancel a service or request a refund or correction for a charge, please initiate this request within 30 days of the charge through the appropriate channel in your account.

Promotions and Discounts

From time to time, selected users may receive promotions or discounts, which may result in different charges for similar services or goods. Such offers, unless made available to you, do not affect your Fees or service use. These promotions are subject to change or withdrawal without notice.

Gratuities

Any gratuity you choose to provide to a Service Partner through our service is entirely at your discretion and is not required.

Additional Fees for Damages and Policy Violations

Fees may be charged for damages to property or vehicles requiring repair or cleaning during the use of our services. These fees are determined by us and are meant to compensate Service Partners for the cost of repairs or cleaning. Additionally, failure to adhere to our terms may result in charges for unfulfilled transactions or other policy violations.

11. Legal Disclaimers and Liabilities

Service Disclaimer

Our platform and services are provided on an "as is" and "as available" basis without any warranties, either expressed or implied. We do not guarantee the reliability or availability of our services or any goods or services requested through our platform.

Limitation of Liability

We are not liable for indirect, incidental, or consequential damages arising from your use of our services. Our liability is limited to the maximum extent permitted by law. We are not responsible for the actions or services provided by Service Partners.

Indemnification

You agree to indemnify us against any claims, damages, or expenses arising from your use of our services, violation of these terms, or infringement of third-party rights.

12. Miscellaneous Provisions

Governing Law

These terms are governed by the laws of the state where the service is provided, without regard to conflict of law principles.

Notice

Notices may be provided through various means, including email, text, or postal mail, based on the contact information associated with your account.

Assignment

These terms may not be assigned by you without our prior written consent but may be assigned by us without restriction.

Entire Agreement

These terms constitute the entire agreement between you and us regarding the use of our services, superseding any prior agreements.