TERMS AND CONDITIONS

 

These terms of service constitute a legally binding agreement (the "Agreement") between you and Fyrst Technologies. ("Fyrst", "we", "us" or "our") govern the use of the Fyrst application, the website and the technology platform (collectively, the "Fyrst Platform").

 

1. The Fyrst Platform

 

The Fyrst Platform offers a market in which people seeking transportation to certain tourist destinations or airports ("Passengers") can request a transport service to a company dedicated to the exclusive transport of tourists ("Companies") through their drivers who drive exclusive vehicles to provide this service in a legal manner ("Drivers"). The companies of tourist transport, drivers and passengers are collectively referred to in this document as "Users", and each User must create a User account that allows access to the Fyrst Platform. Each person can only create a User account, and Fyrst reserves the right to close any additional account. As a User, you authorize Fyrst to link you with a Driver or Passenger based on factors such as your location, the estimated time of collection, your destination, the user's preferences and the efficiency of the platform, and to cancel a existing match and a rematch based on the same considerations For the purposes of this Agreement, the driving services provided by the Drivers to the Passengers who match through the Platform will be referred to collectively as the "Services". Any decision of a User to offer or accept Services is a decision made at the sole discretion of said User. Each transportation service provided by a driver to a passenger shall constitute a separate agreement between said persons.

 

2. Modification to the Agreement

 

In the event that Fyrst modifies the terms and conditions of this Agreement, such modifications will be binding upon you only after your acceptance of the amended Agreement. Fyrst reserves the right to modify eventually the information referred to in the hyperlinks of this Agreement, and said modifications will become effective at the time of publication. Your continued use of the Fyrst Platform or Services after such changes will constitute your consent to such changes. Unless substantial changes are made to the arbitration provisions in this document, you agree that the modification of this Agreement does not create a renewed opportunity to opt out of arbitration (if applicable).

 

3. Eligibility

 

The Fyrst Platform can only be used by people who can form legally binding contracts according to the applicable law. The Fyrst Platform is not available for children (persons under 18 years of age) or Users whose User account has been temporarily or permanently disabled. By becoming a User, you represent and warrant that you are at least 18 years of age and that you have the right, authority and ability to participate and comply with the terms and conditions of this Agreement. You can not allow other people to use your User account, and you agree that you are the only authorized user of your account.

 

 

4. Charges

 

As an additional clause, you understand that the request or use of the Services may generate charges ("Charges"). The charges include fees and other applicable fees, tolls, surcharges and taxes as established at the place of operation. Fyrst has the authority and reserves the right to determine and modify the prices by publishing the applicable price terms on the Fyrst Destinations page of your market or by quoting a price for a specific trip at the time of making an application. Prices may vary depending on the type of service you request (for example, (Fyrst Plus, Fyrst XL) .You are responsible for reviewing the budget within the Fyrst application and will be responsible for all Charges incurred in your User account, regardless of their knowledge of said Charges or the amounts thereof.

 

Rate: There are two types of rates, variable and quoted.

 

Variable rates

 

Variable rates consist of a base charge and incremental charges depending on the duration and distance of your trip. For especially short trips, minimum rates may apply. Please note that we use GPS data from your Driver's phone to calculate the distance traveled on your trip. We can not guarantee the availability or accuracy of GPS data. If we lose the signal, we will calculate the time and distance using the available data of your trip.

 

 

 

Rates quoted

 

In some cases, Fyrst can quote you a fee at the time of your request. The appointment is subject to change until the travel request is confirmed. If during your trip you change your destination, make multiple stops or try to abuse the Fyrst Platform, we can cancel the fare and charge you a variable rate depending on the time and distance of your trip. Fyrst does not guarantee that the price of the quoted fare will be equal to a variable fare for the same trip.

 

 

 

Rates and other charges.

 

Company Fee: You may be charged a "Company fee" for each trip as set forth in the corresponding Fyrst.app/destinations.

 

 

Cancellation fee: After requesting a trip, you can cancel it through the application, but note that in certain cases a cancellation fee will apply.

 

Damage Fee: If a Passenger reports that he has materially damaged the Driver's vehicle, he agrees to pay a "Damage Charge" of up to $ 250 depending on the extent of the damage (as determined by Fyrst at its sole discretion), toward repair or cleaning of the vehicle. Fyrst reserves the right (but is not required) to verify or require documentation of damages before processing the Rate for damages.

 

Tolls: In some cases, tolls (or return tolls) may apply to your trip. We do not guarantee that the amount charged by Fyrst will match the toll charged to the Driver, if applicable.

 

Other charges. Other charges and surcharges may apply to your trip, including: actual or anticipated airport fees, state or local rates, event rates as determined by Fyrst or its marketing partners, and processing fees for installment payments. In addition, where required by law, Fyrst will collect applicable taxes.

 

Tips: After a trip, you can choose to tip your driver in cash, but it is not mandatory or necessary.

 

 

 

General.

 

Facilitation of Charges. All Charges are facilitated through a third-party payment processing service (Stripe.). Fyrst may replace its third-party payment processing services without prior notice. The charges will only be made through the Fyrst Platform. With the exception of tips, cash payments are strictly prohibited. The payment of the Fyrst Charges satisfies your obligation to pay for the use of the Fyrst Platform and Services.

 

No refunds. All charges are not refundable. This no refund policy will apply at all times regardless of your decision to suspend the use of the Fyrst Platform, any interruption in the Fyrst Platform or Services, or for any other reason.

 

Coupons. You can receive coupons that you can apply for the payment of certain Charges when completing a Trip. The coupons are only valid for use on the Fyrst Platform and are not transferable or redeemable for cash, except as required by law. Coupons can not be combined, and if the cost of your trip exceeds the applicable credit or discount value, we will charge your registered payment method for the pending cost of the Trip. For quoted or variable rates, Fyrst may deduct the amount attributable to the Service Fee, tolls or other charges prior to the application of the coupon. Additional restrictions may apply to the coupons communicated to you in a relevant promotion or by clicking on the corresponding coupon in the Promotions section of the Fyrst Application.

 

Authorization of a credit card. By adding a new payment method or each travel request, Fyrst can request the authorization of your selected payment method to verify the payment method, ensure that the cost of the trip is covered and protect against unauthorized behavior. The authorization is not a charge, however, you can reduce your available credit by the amount of the authorization until the next processing cycle of your bank. In the event that the amount of our authorization exceeds the total funds deposited in your account, you may be subject to an overdraft of NSF charges by the bank that issues your debit or prepaid card. We are not responsible for these charges and can not help you recover them from your issuing bank.

 

5. Payments

 

If you are a Company, you will receive payment for the provision of the Services in accordance with the terms of the Tourist Transport Company Adeendum, which will be part of this Agreement between you and Fyrst.

 

 

6. Fyrst Communications

 

By accepting this Agreement or using the Platform, you agree to receive our communications, including by email, text messages, calls and automatic notifications. You agree that text messages, calls or pre-recorded messages can be generated by automatic telephone dialing systems. Communications from Fyrst, its affiliated companies and / or Drivers may include, among others: operational communications related to your User account or use of the Fyrst Platform or Services, updates on new and existing features on the Fyrst Platform, communications on promotions executed by us or our third-party partners, and news about Fyrst and industry developments. The standard text messaging charges applied by your cell phone operator will apply to the text messages we send you.

 

7. Your Information

 

Your information is any information you provide, publish through the Fyrst platform (including any profile information you provide) or send to other users (including through comments on the application, any email function or through any Facebook related to Fyrst). Twitter or other publications on social networks) (your "Information"). You agree that we use your information to create a user account that allows you to use the Fyrst platform and participate in the services. Our collection and use of personal information in relation to the Fyrst platform and services is provided in the Fyrst Privacy Policy, which is located at www.fyrst.app/privacy. You are solely responsible for your information and your interactions with other members of the public, and we act only as a passive conduit for the online publication of your information. You agree to provide and maintain accurate, current and complete information, and that we and other members of the public can rely on your information as accurate, current and complete. To allow Fyrst to use your Information for the purposes described in the Privacy Policy and this Agreement, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, transferable, sub-licenseable (across multiple levels) and licensed to exercise the copyright, publicity and database rights that it has in its information, and to use, copy, execute, display and distribute said information to prepare derivative works, or incorporate in other works, said information, in any medium now known or not currently known. Fyrst does not claim any ownership of your Information; rather, between you and Fyrst, subject to the rights granted to us in this Agreement, you retain full ownership of all of your Information and any intellectual property rights or other proprietary rights associated with your Information.

 

8. Promotions and Referral Programs

 

Fyrst, at its sole discretion, can make available promotions with different characteristics for any User or possible User. These promotions, unless made to you, will not have any influence on your Agreement or relationship with Fyrst. Fyrst reserves the right to withhold or deduct credits or benefits obtained through a promotion in the event that Fyrst determines or believes that the redemption of the promotion or receipt of the credit or benefit was erroneous, fraudulent, illegal or in violation of the applicable regulations. terms of the promotion or this Agreement.

 

As part of your user account, Fyrst can provide or allow you to create a "Fyrst code", a unique alphanumeric code for you to distribute to your friends and family (each a "Referred User") to become new Users (" Passenger Referred ") in your country. Fyrst codes can only be distributed for promotional purposes and must be given free of charge. You can not sell, exchange or exchange your Fyrst Code. You are prohibited from announcing Fyrst codes in any way, including through any of the following: Google, Facebook, Twitter, Bing and Craigslist. Fyrst reserves the right to deactivate or invalidate any Fyrst Code at any time at the discretion of Fyrst.

 

From time to time, Fyrst can offer you incentives to recommend your friends and family to become new users of the Fyrst Platform in your country (the "Referral Program"). These incentives may come in the form of Fyrst Credits, and Fyrst may establish or change the types of incentives, amounts, terms, restrictions and qualification requirements for any incentive in its sole discretion. Your distribution of codes and your participation in the Referral Program is subject to this Agreement.

 

 

9. Restricted Activities

 

With respect to the use of the Fyrst Platform and participation in the Services, you agree NOT to:

 

- Impersonate any person or entity;

 

- Stalking, threatening or harassing any person, or carrying arms;

 

- Violate any law, statute, rule, permit, ordinance or regulation;

 

- Interfere or interrupt the Fyrst Platform or the servers or networks connected to the Fyrst Platform;

 

- Publish information or interact in the Fyrst Platform or Services in a fraudulent, defamatory, abusive, obscene, profane, sexual orientation, harassing or illegal manner;

 

- Use the Fyrst Platform in any way that infringes the rights of third parties, including: intellectual property rights, copyrights, patents, trademarks, trade secrets or other proprietary rights or publicity or privacy rights;

 

- Publish, send by email or transmit any malicious code, files or programs designed to interrupt, damage, destroy or limit the functionality of any software or hardware or telecommunications equipment or surreptitiously intercept or expropriate any system, data or personal information;

 

- Forge headers or manipulate identifiers to disguise the origin of any information transmitted through the Fyrst Platform;

 

- "Frame" or "mirror" any part of the Fyrst Platform, without our prior written authorization or use meta tags or codes or other devices that contain any reference to us to direct any person to any other website for any purpose;

 

- Modify, adapt, translate, reverse engineer, decrypt, decompile or disassemble any part of the Fyrst platform or any software used on or for the Fyrst platform;

 

- Rent, lease, loan, sell, redistribute, license or sublicense the Fyrst Platform or access any part of the Fyrst Platform;

 

- Use any robot, spider, search / recovery site or other device or manual or automatic process to recover, index, scrape, "extract data", or in some way reproduce or circumvent the navigation structure or the presentation of the Fyrst platform or its content;

 

- Direct or indirect link to other websites;

 

- Transfer or sell your user account, password and / or identification to any other party;

 

- Discriminate or harass any person based on race, national origin, religion, sex, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation, or

 

- Causing a third party to participate in the restricted activities mentioned above.

 

10. Transport Company Representations, Warranties and Agreements

 

By providing services as a transport company on the Fyrst Platform, you represent, warrant and agree that:

 

- It has valid drivers with licenses and is authorized and medically fit to operate a motor vehicle and has all the appropriate licenses, approvals and authority to provide transportation to Passengers in all jurisdictions in which it provides the Services.

 

- You are the owner or have the legal right to operate the vehicle you use when providing the Services and such vehicle is in good working condition and complies with industry safety standards and all legal and state requirements of the vehicle department of motor for a vehicle of this type. .

 

- Drivers may not drive recklessly, drive unsafely, drive a vehicle that is not safe to drive, allow an unauthorized third party to accompany you in the vehicle while providing services, provide services under the influence of alcohol or drugs, or take measures that harm or threaten to damage the safety of the Fyrst community or third parties.

 

- Only provide Services using the vehicle that Fyrst has reported and approved, and for which a photograph has been provided to Fyrst, and will not transport more passengers than can be safely seated in that vehicle.

 

- While providing the Services, you will not operate as a public or common carrier or taxi service, will not accept street services, will not charge extra for travel (unless expressly provided in this Agreement), to accept payments or participate in any other activity in a manner that is inconsistent with its obligations under this Agreement.

 

- You will not attempt to defraud users or drivers in the Fyrst Platform or in relation to the provision of the Services. If we suspect that you have engaged in fraudulent activities, we may delete your account without prior notice.

 

- Make reasonable adjustments for clients with the transportation of pets, as required by law in the area of ​​operation.

 

- The driver agrees that we can obtain information about him, including his criminal and driving record, and agrees to provide any other authorization necessary to facilitate our access to those records during the term of the Agreement.

 

- You have a valid civil liability insurance policy (in amounts of coverage consistent with all applicable legal requirements) that you name or program for the operation of the vehicle you use to provide the Services.

 

- You will pay all applicable federal, state and local taxes based on your provision of Services and any payments you have received.

 

11. Intelectual Property

 

All intellectual property rights on the Fyrst platform will be owned by Fyrst in an absolute manner. These rights include database rights, copyrights, design rights (whether registered or not), registered trademarks (whether registered or not) and other similar rights where they exist in the world together with the right to request protection thereof. All other trademarks, logos, service marks, company names or products established in the Fyrst Platform are the property of their respective owners. You acknowledge and agree that any questions, comments, suggestions, ideas, or other information you send us are not confidential and will become the exclusive property of Fyrst. Fyrst shall have exclusive rights, including all intellectual property rights, and shall have the right to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

 

FYRST or Fyrst and other logos, designs, graphics, icons, scripts and service names of Fyrst are registered trademarks, trademarks or commercial image of Fyrst in the United States and / or in other countries (collectively, the "Fyrst Technologies") . If you provide the Services as a Driver or Company, Fyrst grants you, during the term of this Agreement, and subject to your compliance with the terms and conditions of this Agreement, a limited, revocable and non-exclusive license to display and use Fyrst Technologies. . solely in relation to the provision of the Services through the Fyrst Platform ("License"). The license is non-transferable and non-assignable, and will not grant any third party any right, permission, license or sublicense with respect to any of the rights granted hereunder without the prior written authorization of Fyrst, which may be retained exclusively. discretion. Fyrst Technologies can not be used in any way that could cause confusion.

 

12. Disclaimers

 

The following disclaimers of liability are made on behalf of Fyrst, our affiliates, subsidiaries, parents, successors and assigns, and each of our respective officers, directors, employees, agents and shareholders.

 

Fyrst does not provide transportation services, and Fyrst is not a carrier. Fyrst is not a public or common transport company. It is up to the Driver of each Company to decide whether or not to offer a trip to a user contacted through the Fyrst Platform, and it is up to the user to decide whether or not to accept a trip of a Driver contacted through the Fyrst Platform. We can not guarantee that a Driver or a user will complete an arranged transportation service. We have no control over the quality or safety of transportation that occurs as a result of the Services.

 

The Fyrst Platform is provided "as is" and without any warranty or condition, express, implied or legal. We do not guarantee and do not promise any specific results from the use of the Fyrst platform and / or services, including the ability to provide or receive services at any given location or time. To the fullest extent permitted by law, we specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. Some states or countries do not allow disclaimer of implied warranties, so the above liability waiver may not apply to you.

 

We do not guarantee that your use of the Fyrst platform or services will be accurate, complete, reliable, current, secure, uninterrupted, always available, or error-free, or will meet your requirements, that any defects in the Fyrst platform will be corrected. , or that the Fyrst Platform is free of viruses or other harmful components. We assume no responsibility for the connectivity and availability of the Fyrst platform or services, and no guarantee is given with respect to it.

 

We can not guarantee that each user is who they say they are. Use common sense when using Fyrst's platform and services, which includes looking at the pictures of the driver you've matched to make sure it's the same person you see physically. Please note that there are also risks of dealing with underage persons or people acting under false pretenses, and we accept no responsibility for the content, communication or other use or access of the Fyrst platform by persons under 18 years of age. violation of this agreement. We recommend that you communicate directly with each driver or potential user before hiring an organized transportation service.

 

Fyrst is not responsible for the conduct, either online or offline, of any user of the Fyrst platform or services. You are solely responsible for your interactions with other Users. We do not hire insurance nor are we responsible for the personal belongings left in the car by drivers or users. By using the Fyrst Platform and participating in the Services, you accept those risks and agree that Fyrst is not responsible for the acts or omissions of the Users on the Fyrst Platform or participation in the Services.

 

You are responsible for the use of your user account and Fyrst expressly disclaims any liability arising from the unauthorized use of your user account. If you suspect that an unauthorized party may be using your user account or suspect any other breach of security, you agree to notify us immediately.

 

It is possible for others to obtain information about you that you provide, posted through the Fyrst platform (including any profile information you provide), sent to other users or shared during the services and uses that information to harass or harm you. We are not responsible for the use of any personal information you disclose to other Users on the Fyrst Platform or through the Services. Carefully select the type of information you post on the Fyrst Platform or through the Services or by sending it to others. We disclaim all liability, regardless of the form of action, for the acts or omissions of other Users (including unauthorized users or "hackers").

 

Opinions, advice, statements, offers or other information or content related to Fyrst or available through the Fyrst Platform, but not directly by us, are from their respective authors, and should not necessarily be relied upon. These authors are solely responsible for its content. Under no circumstances will we be liable for any loss or damage resulting from your reliance on information or other content posted by third parties, whether on the Fyrst Platform or otherwise. We reserve the right, but have no obligation, to monitor the materials posted on the Fyrst Platform and remove any material that, in our sole opinion, violates or is alleged to violate the law or this agreement or that may be offensive, illegal. , or that may violate the rights, harm or threaten the security of Users or other persons.

 

The location data provided by Fyrst Platform is for basic location purposes only and should not be relied upon in situations where accurate location information is needed or where incorrect, inaccurate or incomplete location data may result in death, personal injury, or damage to the location. the property or environmental. Neither Fyrst nor any of its content providers guarantees the availability, accuracy, completeness, reliability or timeliness of the location data tracked or displayed by the Fyrst Platform. Any of your Information, including geolocation data, that you upload, provide or post on the Fyrst Platform, may be accessible to Fyrst and certain Users of the Fyrst Platform.

 

Fyrst advises you to use the Fyrst platform with a data plan with unlimited or very high data usage limits, and Fyrst will not be responsible or liable for any fee, cost or surplus charge associated with any data plan you use to access the Fyrst platform.

 

This paragraph applies to any version of the Fyrst platform that you purchase from the Apple App Store. This Agreement is between you and Fyrst. Apple, Inc. ("Apple") is not a party to this Agreement and will have no obligations with respect to the Fyrst Platform. Fyrst, not Apple, is solely responsible for the Fyrst platform and the content thereof as set forth below. However, Apple and Apple's subsidiaries are third-party beneficiaries of this Agreement. Upon your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary thereof. This Agreement incorporates by reference the Apple’s Licensed Application End User License Agreement, for the purposes of which you are the "end user". In case of conflict with the terms of the End User License Agreement of the Licensed Application and this Agreement, the terms of this Agreement shall prevail.

 

 

13. Indemnity

 

Defend, indemnify and hold Fyrst, including our subsidiaries, subsidiaries, parents, successors and assigns, and each of our respective officers, directors, employees, agents or shareholders, from any claim, action, claim, loss, cost or liability. and the expenses (including reasonable attorneys' fees) related to or derived from your use of the Fyrst Platform and participation in the Services, including: (1) your breach of this Agreement or the documents you incorporate as a reference; (2) your violation of any law or the rights of a third party, including drivers, users, other motorists and pedestrians, as a result of your own interaction with said third party; (3) any claim that any material you send or transmit to us through the Fyrst Platform or that infringes or violates the copyright, trademark, trade secret or other intellectual property or other rights of a third party; (4) its ownership, use or operation of a motor vehicle or passenger vehicle, including its provision of services as a driver; and / or (5) any other activity related to the Services. This compensation shall apply regardless of the negligence of any party, including any indemnified person.

 

 

14. Limitation of Liability

 

IN NO EVENT SHALL FYRST, INCLUDING OUR AFFILIATES, SUBSIDIARIES, PARENTS, SUCCESSORS AND SUBJECTS, AND EACH OF OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR SHAREHOLDERS (COLLECTIVELY "FYRST" FOR THE PURPOSES OF THIS SECTION), BE LIABLE TO YOU FOR ANY PURPOSE. INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, CONSEQUENTIAL OR INDIRECT DAMAGES (INCLUDING DAMAGE TO DISPOSAL, CORRUPTION, LOSS OF DATA, LOSS OF PROGRAMS, LACK OF STORAGE OF ANY INFORMATION OR OTHER CONTENT MAINTAINED OR TRANSMITTED BY THE FYRST PLATFORM, SERVICE INTERRUPTIONS OR FOR THE COST OF ACQUISITION OF SUBSTITUTION SERVICES) ARISING OUT OF OR IN CONNECTION WITH THE FYRST PLATFORM, THE SERVICES OR THIS AGREEMENT, HOWEVER, EVEN IF WE OR OUR AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND DAMAGES. THE FYRST PLATFORM CAN BE USED TO REQUEST AND PROGRAM TRANSPORTATION, GOODS OR OTHER SERVICES WITH THIRD PARTY SUPPLIERS, BUT ACCEPT THAT FYRST HAS NO LIABILITY RELATED TO ANY TRANSPORTATION, MERCHANDISE OR OTHER SERVICES PROVIDED BY THIRD PARTY SUPPLIERS OTHER THAN THOSE EXPRESSLY SET FORTH IN THIS AGREEMENT. . CERTAIN JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE LIABILITY EXEMPTIONS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

 

 

15. Term and Termination

 

This Agreement becomes effective as of the creation of a User account. This Agreement may be rescinded: a) by the User, without cause, with a prior written notice of seven (7) days to Fyrst; or b) by either Party immediately, without prior notice, about the substantial breach of this Agreement by the other Party, including but not limited to any breach of Section 9 or failure to comply with Section 10 (a) to (i) of this Agreement. In addition, Fyrst may terminate this Agreement or deactivate your User account immediately in the event that: (1) you no longer qualify to provide Services or operate the approved vehicle in accordance with applicable law, rule, permit, ordinance or regulation; (2) falls below the star rating or the Fyrst cancellation threshold; (3) Fyrst believes in good faith that such action is necessary to protect the safety of the Fyrst community or third parties, provided that, in the case of a deactivation pursuant to (1) - (3), you are notified of the potential or actual deactivation and the opportunity to try to solve the problem to the reasonable satisfaction of Fyrst before Fyrst permanently resolves the Agreement. For all other breaches of this Agreement, you will be provided with a notice and an opportunity to remedy the breach. If the breach is resolved in a timely manner and to the satisfaction of Fyrst, this Agreement will not be terminated on a permanent basis. Sections 2, 6, 7 (with respect to the license), 11-12, 14-18 will remain in effect after the termination or expiration of this Agreement.

 

16. DISPUTE RESOLUTION AND ARBITRATION AGREEMENT

 

(a) Binding Arbitration Agreement between you and Fyrst.

 

YOU AND FYRST MUTUALLY AGREE TO WAIVE OUR RESPECTIVE RIGHTS TO RESOLVE CONTROVERSIES IN A COURT OF LAW BY A JUDGE OR JURY AND AGREE TO RESOLVE ANY DISPUTE BY ARBITRATION, as set forth below. This arbitration agreement ("Arbitration Agreement") is governed by the Federal Arbitration Act and survives after the Agreement terminates or terminates your relationship with Fyrst. ANY ARBITRATION UNDER THIS AGREEMENT SHALL HAVE AN INDIVIDUAL BASE; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED. Except as expressly set forth below, this Arbitration Agreement applies to all Claims (defined below) between you and Fyrst, including our affiliates, subsidiaries, parents, successors and assigns, and each of our respective officers, directors, employees , agents or shareholders. This Arbitration Agreement also applies to claims between you and the Fyrst service providers, including, but not limited to, background check providers and payment processors; and said service providers shall be considered as intended beneficial beneficiaries of this Arbitration Agreement.

 

 

Except as expressly stated below, ALL DISPUTES AND CLAIMS BETWEEN US (EACH "CLAIM" AND COLLECTIVELY, "CLAIMS") WILL BE RESOLVED EXCLUSIVELY BY BINDING ARBITRATION EXCLUSIVELY BETWEEN YOU AND FYRST These Claims include, without limitation, any dispute, claim or controversy, whether based on past, present or future events, arising out of or related to: this Agreement and previous versions thereof (including the violation, termination, execution, interpretation or validity thereof), the Fyrst Platform, the Services, any other product or service available through the Fyrst Platform, your relationship with Fyrst, the suspension, deactivation or threatened or actual termination of your User Account or this Agreement, background checks performed by or on behalf of Fyrst, payments made by you or any payment allegedly owed to you, any promotion or offer made by Fyrst, any r city, county, state or federal law of salary time, business secrets, unfair competition, compensation, interruptions and d rest periods, reimbursement of expenses, unjustified dismissal, discrimination, harassment, retaliation, fraud, defamation, emotional distress, breach of any contract or express or implied agreement, claims that arise under federal or state consumer protection laws; claims arising under antitrust laws, claims arising under the Telephone Consumer Protection Law and the Fair Credit Reporting Act; and claims arising under the Uniform Commercial Secrecy Act, Civil Rights Act, Disabled Persons Act, Age Discrimination in Employment Law, Protection of Benefits for Older Workers Act, Family Medical Leave Act, Fair Labor Standards Act Retirement Income Security Law for Employees (except for individual claims for employee benefits under any benefit plan sponsored by Fyrst and covered by the Employee Retirement Income Security Act or funded by insurance) and state statutes, if there are any, that address similar or similar issues, and all other legal and common law state claims. The arbitrator will decide all disputes related to the arbitrability of a Claim (including disputes regarding the scope, applicability, enforceability, revocability or validity of the Arbitration Agreement), except in the cases expressly indicated below.

 

BY AGREEING WITH ARBITRATION, YOU UNDERSTAND THAT YOU AND FYRST ARE WAIVING THE RIGHT TO PARTICIPATE IN THE COURT OR HAVE A JURY TRIAL FOR ALL CLAIMS, EXCEPT AS EXPRESSLY STATED IN THIS ARBITRATION AGREEMENT. for the purpose of requiring the arbitration of all claims or disputes that may be arbitrated legally, except those claims and disputes that, by the terms of this Arbitration Agreement, are expressly excluded from the requirement of arbitration.

 

 

17. Confidentiality

 

You agree not to use any technical, financial, strategic and other proprietary and confidential information related to Fyrst's business, operations and property, information about a User placed at your disposal in relation to the use of such Platform by the User, who may include the User's name, collection location, contact information and photo ("Confidential Information") provided by Fyrst for its own use or for any purpose other than that contemplated in this document. You must not disclose or allow the disclosure of any Confidential Information to third parties. You agree to take all reasonable steps to protect the secrecy and to prevent the disclosure or use of Fyrst Confidential Information to prevent it from falling into the public domain. Notwithstanding the foregoing, you will not be responsible for Fyrst with respect to Confidential Information that you can prove: it was in the public domain at the time that Fyrst disclosed it or entered the public domain without liability; It was known to you, without restriction, at the time of disclosure, as evidenced by the existing archives at the time of disclosure; it is revealed with the prior written approval of Fyrst; you learn, without restriction, from a source other than Fyrst without breach of this Agreement by you and that does not violate Fyrst's rights; or is disclosed in accordance with the order or requirement of a court, administrative agency or other governmental agency; with the condition, however, that you promptly notify Fyrst of such order or judicial requirement to allow Fyrst to request a protection order or, otherwise, to prevent or restrict such disclosure.

 

 

18. Relationship with Fyrst.

 

As a Transportation Company on the Fyrst Platform, you acknowledge and agree that you and Fyrst have a direct business relationship, and that the relationship between the parties under this Agreement is solely that of the independent contracting parties. You and Fyrst expressly agree that (1) this is not an employment contract and does not create an employment relationship between you and Fyrst; and (2) no relationship of joint venture, franchisor-franchisee, partnership or agency is provided or created by this Agreement. You have no authority to bind Fyrst, and you agree not to expose yourself as an employee, agent or authorized representative of Fyrst.

 

Fyrst does not direct or control it in general or its performance under this Agreement specifically, including in relation to the provision of the Services, their acts or omissions, or their operation and maintenance of their vehicles and drivers. You retain the exclusive right to determine when, where and for how long you will use the Fyrst Platform. You retain the option to accept or reject or ignore the request for a Driver Services through the Fyrst Platform, or cancel an accepted request for Services through the Fyrst Platform, subject to the cancellation policies in effect at that time. With the exception of any signage required by law or the rules or permit / license requirements, Fyrst will not be entitled to require you to: (a) display the names, logos or colors of Fyrst in your vehicle (s); or (b) wear a uniform or any other clothing that displays the names, logos or colors of Fyrst. You acknowledge and agree that you have full discretion to provide Services or participate in other business or employment activities.

 

TERMS AND CONDITIONS

TERMS AND CONDITIONS

 

These terms of service constitute a legally binding agreement (the "Agreement") between you and Fyrst Technologies. ("Fyrst", "we", "us" or "our") govern the use of the Fyrst application, the website and the technology platform (collectively, the "Fyrst Platform").

 

1. The Fyrst Platform

 

The Fyrst Platform offers a market in which people seeking transportation to certain tourist destinations or airports ("Passengers") can request a transport service to a company dedicated to the exclusive transport of tourists ("Companies") through their drivers who drive exclusive vehicles to provide this service in a legal manner ("Drivers"). The companies of tourist transport, drivers and passengers are collectively referred to in this document as "Users", and each User must create a User account that allows access to the Fyrst Platform. Each person can only create a User account, and Fyrst reserves the right to close any additional account. As a User, you authorize Fyrst to link you with a Driver or Passenger based on factors such as your location, the estimated time of collection, your destination, the user's preferences and the efficiency of the platform, and to cancel a existing match and a rematch based on the same considerations For the purposes of this Agreement, the driving services provided by the Drivers to the Passengers who match through the Platform will be referred to collectively as the "Services". Any decision of a User to offer or accept Services is a decision made at the sole discretion of said User. Each transportation service provided by a driver to a passenger shall constitute a separate agreement between said persons.

 

2. Modification to the Agreement

 

In the event that Fyrst modifies the terms and conditions of this Agreement, such modifications will be binding upon you only after your acceptance of the amended Agreement. Fyrst reserves the right to modify eventually the information referred to in the hyperlinks of this Agreement, and said modifications will become effective at the time of publication. Your continued use of the Fyrst Platform or Services after such changes will constitute your consent to such changes. Unless substantial changes are made to the arbitration provisions in this document, you agree that the modification of this Agreement does not create a renewed opportunity to opt out of arbitration (if applicable).

 

3. Eligibility

 

The Fyrst Platform can only be used by people who can form legally binding contracts according to the applicable law. The Fyrst Platform is not available for children (persons under 18 years of age) or Users whose User account has been temporarily or permanently disabled. By becoming a User, you represent and warrant that you are at least 18 years of age and that you have the right, authority and ability to participate and comply with the terms and conditions of this Agreement. You can not allow other people to use your User account, and you agree that you are the only authorized user of your account.

 

 

4. Charges

 

As an additional clause, you understand that the request or use of the Services may generate charges ("Charges"). The charges include fees and other applicable fees, tolls, surcharges and taxes as established at the place of operation. Fyrst has the authority and reserves the right to determine and modify the prices by publishing the applicable price terms on the Fyrst Cities page of your market or by quoting a price for a specific trip at the time of making an application. Prices may vary depending on the type of service you request (for example, (Fyrst +, Fyrst XL) .You are responsible for reviewing the budget within the Fyrst application and will be responsible for all Charges incurred in your User account, regardless of their knowledge of said Charges or the amounts thereof.

 

Rate: There are two types of rates, variable and quoted.

 

Variable rates

 

Variable rates consist of a base charge and incremental charges depending on the duration and distance of your trip. For especially short trips, minimum rates may apply. Please note that we use GPS data from your Driver's phone to calculate the distance traveled on your trip. We can not guarantee the availability or accuracy of GPS data. If we lose the signal, we will calculate the time and distance using the available data of your trip.

 

 

 

Rates quoted

 

In some cases, Fyrst can quote you a fee at the time of your request. The appointment is subject to change until the travel request is confirmed. If during your trip you change your destination, make multiple stops or try to abuse the Fyrst Platform, we can cancel the fare and charge you a variable rate depending on the time and distance of your trip. Fyrst does not guarantee that the price of the quoted fare will be equal to a variable fare for the same trip.

 

 

 

Rates and other charges.

 

Company Fee: You may be charged a "Company fee" for each trip as set forth in the corresponding fyrst.app/destinations.

 

 

Cancellation fee: After requesting a trip, you can cancel it through the application, but note that in certain cases a cancellation fee will apply.

 

Damage Fee: If a Passenger reports that he has materially damaged the Driver's vehicle, he agrees to pay a "Damage Charge" of up to $ 250 depending on the extent of the damage (as determined by Fyrst at its sole discretion), toward repair or cleaning of the vehicle. Fyrst reserves the right (but is not required) to verify or require documentation of damages before processing the Rate for damages.

 

Tolls: In some cases, tolls (or return tolls) may apply to your trip. We do not guarantee that the amount charged by Fyrst will match the toll charged to the Driver, if applicable.

 

Other charges. Other charges and surcharges may apply to your trip, including: actual or anticipated airport fees, state or local rates, event rates as determined by Fyrst or its marketing partners, and processing fees for installment payments. In addition, where required by law, Fyrst will collect applicable taxes.

 

Tips: After a trip, you can choose to tip your driver in cash, but it is not mandatory or necessary.

 

 

 

General.

 

Facilitation of Charges. All Charges are facilitated through a third-party payment processing service (Stripe). Fyrst may replace its third-party payment processing services without prior notice. The charges will only be made through the Fyrst Platform. With the exception of tips, cash payments are strictly prohibited. The payment of the Fyrst Charges satisfies your obligation to pay for the use of the Fyrst Platform and Services.

 

No refunds. All charges are not refundable. This no refund policy will apply at all times regardless of your decision to suspend the use of the Fyrst Platform, any interruption in the Fyrst Platform or Services, or for any other reason.

 

Coupons. You can receive coupons that you can apply for the payment of certain Charges when completing a Trip. The coupons are only valid for use on the Fyrst Platform and are not transferable or redeemable for cash, except as required by law. Coupons can not be combined, and if the cost of your trip exceeds the applicable credit or discount value, we will charge your registered payment method for the pending cost of the Trip. For quoted or variable rates, Fyrst may deduct the amount attributable to the Service Fee, tolls or other charges prior to the application of the coupon. Additional restrictions may apply to the coupons communicated to you in a relevant promotion or by clicking on the corresponding coupon in the Promotions section of the Fyrst Application.

 

Authorization of a credit card. By adding a new payment method or each travel request, Fyrst can request the authorization of your selected payment method to verify the payment method, ensure that the cost of the trip is covered and protect against unauthorized behavior. The authorization is not a charge, however, you can reduce your available credit by the amount of the authorization until the next processing cycle of your bank. In the event that the amount of our authorization exceeds the total funds deposited in your account, you may be subject to an overdraft of NSF charges by the bank that issues your debit or prepaid card. We are not responsible for these charges and can not help you recover them from your issuing bank.

 

5. Payments

 

If you are a Company, you will receive payment for the provision of the Services in accordance with the terms of the Tourist Transport Company Adeendum, which will be part of this Agreement between you and Fyrst.

 

 

6. Fyrst Communications

 

By accepting this Agreement or using the Platform, you agree to receive our communications, including by email, text messages, calls and automatic notifications. You agree that text messages, calls or pre-recorded messages can be generated by automatic telephone dialing systems. Communications from Fyrst, its affiliated companies and / or Drivers may include, among others: operational communications related to your User account or use of the Fyrst Platform or Services, updates on new and existing features on the Fyrst Platform, communications on promotions executed by us or our third-party partners, and news about Fyrst and industry developments. The standard text messaging charges applied by your cell phone operator will apply to the text messages we send you.

 

 

7. Your Information

 

Your information is any information you provide, publish through the Fyrst platform (including any profile information you provide) or send to other users (including through comments on the application, any email function or through any Facebook related to Fyrst). Twitter or other publications on social networks) (your "Information"). You agree that we use your information to create a user account that allows you to use the Fyrst platform and participate in the services. Our collection and use of personal information in relation to the Fyrst platform and services is provided in the Fyrst Privacy Policy, which is located at www.fyrst.app/privacy. You are solely responsible for your information and your interactions with other members of the public, and we act only as a passive conduit for the online publication of your information. You agree to provide and maintain accurate, current and complete information, and that we and other members of the public can rely on your information as accurate, current and complete. To allow Fyrst to use your Information for the purposes described in the Privacy Policy and this Agreement, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, transferable, sub-licenseable (across multiple levels) and licensed to exercise the copyright, publicity and database rights that it has in its information, and to use, copy, execute, display and distribute said information to prepare derivative works, or incorporate in other works, said information, in any medium now known or not currently known. Fyrst does not claim any ownership of your Information; rather, between you and Fyrst, subject to the rights granted to us in this Agreement, you retain full ownership of all of your Information and any intellectual property rights or other proprietary rights associated with your Information.

 

8. Promotions and Referral Programs

 

Fyrst, at its sole discretion, can make available promotions with different characteristics for any User or possible User. These promotions, unless made to you, will not have any influence on your Agreement or relationship with Fyrst. Fyrst reserves the right to withhold or deduct credits or benefits obtained through a promotion in the event that Fyrst determines or believes that the redemption of the promotion or receipt of the credit or benefit was erroneous, fraudulent, illegal or in violation of the applicable regulations. terms of the promotion or this Agreement.

 

As part of your user account, Fyrst can provide or allow you to create a "Fyrst code", a unique alphanumeric code for you to distribute to your friends and family (each a "Referred User") to become new Users (" Passenger Referred ") in your country. Fyrst codes can only be distributed for promotional purposes and must be given free of charge. You can not sell, exchange or exchange your Fyrst Code. You are prohibited from announcing Fyrst codes in any way, including through any of the following: Google, Facebook, Twitter, Bing and Craigslist. Fyrst reserves the right to deactivate or invalidate any Fyrst Code at any time at the discretion of Fyrst.

 

From time to time, Fyrst can offer you incentives to recommend your friends and family to become new users of the Fyrst Platform in your country (the "Referral Program"). These incentives may come in the form of Fyrst Credits, and Fyrst may establish or change the types of incentives, amounts, terms, restrictions and qualification requirements for any incentive in its sole discretion. Your distribution of codes and your participation in the Referral Program is subject to this Agreement.

 

 

9. Restricted Activities

 

With respect to the use of the Fyrst Platform and participation in the Services, you agree NOT to:

 

- Impersonate any person or entity;

 

- Stalking, threatening or harassing any person, or carrying arms;

 

- Violate any law, statute, rule, permit, ordinance or regulation;

 

- Interfere or interrupt the Fyrst Platform or the servers or networks connected to the Fyrst Platform;

 

- Publish information or interact in the Fyrst Platform or Services in a fraudulent, defamatory, abusive, obscene, profane, sexual orientation, harassing or illegal manner;

 

- Use the Fyrst Platform in any way that infringes the rights of third parties, including: intellectual property rights, copyrights, patents, trademarks, trade secrets or other proprietary rights or publicity or privacy rights;

 

- Publish, send by email or transmit any malicious code, files or programs designed to interrupt, damage, destroy or limit the functionality of any software or hardware or telecommunications equipment or surreptitiously intercept or expropriate any system, data or personal information;

 

- Forge headers or manipulate identifiers to disguise the origin of any information transmitted through the Fyrst Platform;

 

- "Frame" or "mirror" any part of the Fyrst Platform, without our prior written authorization or use meta tags or codes or other devices that contain any reference to us to direct any person to any other website for any purpose;

 

- Modify, adapt, translate, reverse engineer, decrypt, decompile or disassemble any part of the Fyrst platform or any software used on or for the Fyrst platform;

 

- Rent, lease, loan, sell, redistribute, license or sublicense the Fyrst Platform or access any part of the Fyrst Platform;

 

- Use any robot, spider, search / recovery site or other device or manual or automatic process to recover, index, scrape, "extract data", or in some way reproduce or circumvent the navigation structure or the presentation of the Fyrst platform or its content;

 

- Direct or indirect link to other websites;

 

- Transfer or sell your user account, password and / or identification to any other party;

 

- Discriminate or harass any person based on race, national origin, religion, sex, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation, or

 

- Causing a third party to participate in the restricted activities mentioned above.

 

10. Transport Company Representations, Warranties and Agreements

 

By providing services as a transport company on the Fyrst Platform, you represent, warrant and agree that:

 

- It has valid drivers with licenses and is authorized and medically fit to operate a motor vehicle and has all the appropriate licenses, approvals and authority to provide transportation to Passengers in all jurisdictions in which it provides the Services.

 

- You are the owner or have the legal right to operate the vehicle you use when providing the Services and such vehicle is in good working condition and complies with industry safety standards and all legal and state requirements of the vehicle department of motor for a vehicle of this type. .

 

- Drivers may not drive recklessly, drive unsafely, drive a vehicle that is not safe to drive, allow an unauthorized third party to accompany you in the vehicle while providing services, provide services under the influence of alcohol or drugs, or take measures that harm or threaten to damage the safety of the Fyrst community or third parties.

 

- Only provide Services using the vehicle that Fyrst has reported and approved, and for which a photograph has been provided to Fyrst, and will not transport more passengers than can be safely seated in that vehicle.

 

- While providing the Services, you will not operate as a public or common carrier or taxi service, will not accept street services, will not charge extra for travel (unless expressly provided in this Agreement), to accept payments or participate in any other activity in a manner that is inconsistent with its obligations under this Agreement.

 

- You will not attempt to defraud users or drivers in the Fyrst Platform or in relation to the provision of the Services. If we suspect that you have engaged in fraudulent activities, we may delete your account without prior notice.

 

- Make reasonable adjustments for clients with the transportation of pets, as required by law in the area of ​​operation.

 

- The driver agrees that we can obtain information about him, including his criminal and driving record, and agrees to provide any other authorization necessary to facilitate our access to those records during the term of the Agreement.

 

- You have a valid civil liability insurance policy (in amounts of coverage consistent with all applicable legal requirements) that you name or program for the operation of the vehicle you use to provide the Services.

 

- You will pay all applicable federal, state and local taxes based on your provision of Services and any payments you have received.

 

11. Intelectual Property

 

All intellectual property rights on the Fyrst platform will be owned by Fyrst in an absolute manner. These rights include database rights, copyrights, design rights (whether registered or not), registered trademarks (whether registered or not) and other similar rights where they exist in the world together with the right to request protection thereof. All other trademarks, logos, service marks, company names or products established in the Fyrst Platform are the property of their respective owners. You acknowledge and agree that any questions, comments, suggestions, ideas, or other information you send us are not confidential and will become the exclusive property of Fyrst. Fyrst shall have exclusive rights, including all intellectual property rights, and shall have the right to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

 

FYRST or Fyrst and other logos, designs, graphics, icons, scripts and service names of Fyrst are registered trademarks, trademarks or commercial image of Fyrst in the United States and / or in other countries (collectively, the "Fyrst Technologies") . If you provide the Services as a Driver or Company, Fyrst grants you, during the term of this Agreement, and subject to your compliance with the terms and conditions of this Agreement, a limited, revocable and non-exclusive license to display and use Fyrst Technologies. . solely in relation to the provision of the Services through the Fyrst Platform ("License"). The license is non-transferable and non-assignable, and will not grant any third party any right, permission, license or sublicense with respect to any of the rights granted hereunder without the prior written authorization of Fyrst, which may be retained exclusively. discretion. Fyrst Technologies can not be used in any way that could cause confusion.

 

12. Disclaimers

 

The following disclaimers of liability are made on behalf of Fyrst, our affiliates, subsidiaries, parents, successors and assigns, and each of our respective officers, directors, employees, agents and shareholders.

 

Fyrst does not provide transportation services, and Fyrst is not a carrier. Fyrst is not a public or common transport company. It is up to the Driver of each Company to decide whether or not to offer a trip to a user contacted through the Fyrst Platform, and it is up to the user to decide whether or not to accept a trip of a Driver contacted through the Fyrst Platform. We can not guarantee that a Driver or a user will complete an arranged transportation service. We have no control over the quality or safety of transportation that occurs as a result of the Services.

 

The Fyrst Platform is provided "as is" and without any warranty or condition, express, implied or legal. We do not guarantee and do not promise any specific results from the use of the Fyrst platform and / or services, including the ability to provide or receive services at any given location or time. To the fullest extent permitted by law, we specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. Some states or countries do not allow disclaimer of implied warranties, so the above liability waiver may not apply to you.

 

We do not guarantee that your use of the Fyrst platform or services will be accurate, complete, reliable, current, secure, uninterrupted, always available, or error-free, or will meet your requirements, that any defects in the Fyrst platform will be corrected. , or that the Fyrst Platform is free of viruses or other harmful components. We assume no responsibility for the connectivity and availability of the Fyrst platform or services, and no guarantee is given with respect to it.

 

We can not guarantee that each user is who they say they are. Use common sense when using Fyrst's platform and services, which includes looking at the pictures of the driver you've matched to make sure it's the same person you see physically. Please note that there are also risks of dealing with underage persons or people acting under false pretenses, and we accept no responsibility for the content, communication or other use or access of the Fyrst platform by persons under 18 years of age. violation of this agreement. We recommend that you communicate directly with each driver or potential user before hiring an organized transportation service.

 

Fyrst is not responsible for the conduct, either online or offline, of any user of the Fyrst platform or services. You are solely responsible for your interactions with other Users. We do not hire insurance nor are we responsible for the personal belongings left in the car by drivers or users. By using the Fyrst Platform and participating in the Services, you accept those risks and agree that Fyrst is not responsible for the acts or omissions of the Users on the Fyrst Platform or participation in the Services.

 

You are responsible for the use of your user account and Fyrst expressly disclaims any liability arising from the unauthorized use of your user account. If you suspect that an unauthorized party may be using your user account or suspect any other breach of security, you agree to notify us immediately.

 

It is possible for others to obtain information about you that you provide, posted through the Fyrst platform (including any profile information you provide), sent to other users or shared during the services and uses that information to harass or harm you. We are not responsible for the use of any personal information you disclose to other Users on the Fyrst Platform or through the Services. Carefully select the type of information you post on the Fyrst Platform or through the Services or by sending it to others. We disclaim all liability, regardless of the form of action, for the acts or omissions of other Users (including unauthorized users or "hackers").

 

Opinions, advice, statements, offers or other information or content related to Fyrst or available through the Fyrst Platform, but not directly by us, are from their respective authors, and should not necessarily be relied upon. These authors are solely responsible for its content. Under no circumstances will we be liable for any loss or damage resulting from your reliance on information or other content posted by third parties, whether on the Fyrst Platform or otherwise. We reserve the right, but have no obligation, to monitor the materials posted on the Fyrst Platform and remove any material that, in our sole opinion, violates or is alleged to violate the law or this agreement or that may be offensive, illegal. , or that may violate the rights, harm or threaten the security of Users or other persons.

 

The location data provided by Fyrst Platform is for basic location purposes only and should not be relied upon in situations where accurate location information is needed or where incorrect, inaccurate or incomplete location data may result in death, personal injury, or damage to the location. the property or environmental. Neither Fyrst nor any of its content providers guarantees the availability, accuracy, completeness, reliability or timeliness of the location data tracked or displayed by the Fyrst Platform. Any of your Information, including geolocation data, that you upload, provide or post on the Fyrst Platform, may be accessible to Fyrst and certain Users of the Fyrst Platform.

 

Fyrst advises you to use the Fyrst platform with a data plan with unlimited or very high data usage limits, and Fyrst will not be responsible or liable for any fee, cost or surplus charge associated with any data plan you use to access the Fyrst platform.

 

This paragraph applies to any version of the Fyrst platform that you purchase from the Apple App Store. This Agreement is between you and Fyrst. Apple, Inc. ("Apple") is not a party to this Agreement and will have no obligations with respect to the Fyrst Platform. Fyrst, not Apple, is solely responsible for the Fyrst platform and the content thereof as set forth below. However, Apple and Apple's subsidiaries are third-party beneficiaries of this Agreement. Upon your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary thereof. This Agreement incorporates by reference the Apple’s Licensed Application End User License Agreement, for the purposes of which you are the "end user". In case of conflict with the terms of the End User License Agreement of the Licensed Application and this Agreement, the terms of this Agreement shall prevail.

 

 

13. Indemnity

 

Defend, indemnify and hold Fyrst, including our subsidiaries, subsidiaries, parents, successors and assigns, and each of our respective officers, directors, employees, agents or shareholders, from any claim, action, claim, loss, cost or liability. and the expenses (including reasonable attorneys' fees) related to or derived from your use of the Fyrst Platform and participation in the Services, including: (1) your breach of this Agreement or the documents you incorporate as a reference; (2) your violation of any law or the rights of a third party, including drivers, users, other motorists and pedestrians, as a result of your own interaction with said third party; (3) any claim that any material you send or transmit to us through the Fyrst Platform or that infringes or violates the copyright, trademark, trade secret or other intellectual property or other rights of a third party; (4) its ownership, use or operation of a motor vehicle or passenger vehicle, including its provision of services as a driver; and / or (5) any other activity related to the Services. This compensation shall apply regardless of the negligence of any party, including any indemnified person.

 

 

14. Limitation of Liability

 

IN NO EVENT SHALL FYRST, INCLUDING OUR AFFILIATES, SUBSIDIARIES, PARENTS, SUCCESSORS AND SUBJECTS, AND EACH OF OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR SHAREHOLDERS (COLLECTIVELY "FYRST" FOR THE PURPOSES OF THIS SECTION), BE LIABLE TO YOU FOR ANY PURPOSE. INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, CONSEQUENTIAL OR INDIRECT DAMAGES (INCLUDING DAMAGE TO DISPOSAL, CORRUPTION, LOSS OF DATA, LOSS OF PROGRAMS, LACK OF STORAGE OF ANY INFORMATION OR OTHER CONTENT MAINTAINED OR TRANSMITTED BY THE FYRST PLATFORM, SERVICE INTERRUPTIONS OR FOR THE COST OF ACQUISITION OF SUBSTITUTION SERVICES) ARISING OUT OF OR IN CONNECTION WITH THE FYRST PLATFORM, THE SERVICES OR THIS AGREEMENT, HOWEVER, EVEN IF WE OR OUR AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND DAMAGES. THE FYRST PLATFORM CAN BE USED TO REQUEST AND PROGRAM TRANSPORTATION, GOODS OR OTHER SERVICES WITH THIRD PARTY SUPPLIERS, BUT ACCEPT THAT FYRST HAS NO LIABILITY RELATED TO ANY TRANSPORTATION, MERCHANDISE OR OTHER SERVICES PROVIDED BY THIRD PARTY SUPPLIERS OTHER THAN THOSE EXPRESSLY SET FORTH IN THIS AGREEMENT. . CERTAIN JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE LIABILITY EXEMPTIONS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

 

 

15. Term and Termination

 

This Agreement becomes effective as of the creation of a User account. This Agreement may be rescinded: a) by the User, without cause, with a prior written notice of seven (7) days to Fyrst; or b) by either Party immediately, without prior notice, about the substantial breach of this Agreement by the other Party, including but not limited to any breach of Section 9 or failure to comply with Section 10 (a) to (i) of this Agreement. In addition, Fyrst may terminate this Agreement or deactivate your User account immediately in the event that: (1) you no longer qualify to provide Services or operate the approved vehicle in accordance with applicable law, rule, permit, ordinance or regulation; (2) falls below the star rating or the Fyrst cancellation threshold; (3) Fyrst believes in good faith that such action is necessary to protect the safety of the Fyrst community or third parties, provided that, in the case of a deactivation pursuant to (1) - (3), you are notified of the potential or actual deactivation and the opportunity to try to solve the problem to the reasonable satisfaction of Fyrst before Fyrst permanently resolves the Agreement. For all other breaches of this Agreement, you will be provided with a notice and an opportunity to remedy the breach. If the breach is resolved in a timely manner and to the satisfaction of Fyrst, this Agreement will not be terminated on a permanent basis. Sections 2, 6, 7 (with respect to the license), 11-12, 14-18 will remain in effect after the termination or expiration of this Agreement.

 

16. DISPUTE RESOLUTION AND ARBITRATION AGREEMENT

 

(a) Binding Arbitration Agreement between you and Fyrst.

 

YOU AND FYRST MUTUALLY AGREE TO WAIVE OUR RESPECTIVE RIGHTS TO RESOLVE CONTROVERSIES IN A COURT OF LAW BY A JUDGE OR JURY AND AGREE TO RESOLVE ANY DISPUTE BY ARBITRATION, as set forth below. This arbitration agreement ("Arbitration Agreement") is governed by the Federal Arbitration Act and survives after the Agreement terminates or terminates your relationship with Fyrst. ANY ARBITRATION UNDER THIS AGREEMENT SHALL HAVE AN INDIVIDUAL BASE; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED. Except as expressly set forth below, this Arbitration Agreement applies to all Claims (defined below) between you and Fyrst, including our affiliates, subsidiaries, parents, successors and assigns, and each of our respective officers, directors, employees , agents or shareholders. This Arbitration Agreement also applies to claims between you and the Fyrst service providers, including, but not limited to, background check providers and payment processors; and said service providers shall be considered as intended beneficial beneficiaries of this Arbitration Agreement.

 

 

Except as expressly stated below, ALL DISPUTES AND CLAIMS BETWEEN US (EACH "CLAIM" AND COLLECTIVELY, "CLAIMS") WILL BE RESOLVED EXCLUSIVELY BY BINDING ARBITRATION EXCLUSIVELY BETWEEN YOU AND FYRST These Claims include, without limitation, any dispute, claim or controversy, whether based on past, present or future events, arising out of or related to: this Agreement and previous versions thereof (including the violation, termination, execution, interpretation or validity thereof), the Fyrst Platform, the Services, any other product or service available through the Fyrst Platform, your relationship with Fyrst, the suspension, deactivation or threatened or actual termination of your User Account or this Agreement, background checks performed by or on behalf of Fyrst, payments made by you or any payment allegedly owed to you, any promotion or offer made by Fyrst, any r city, county, state or federal law of salary time, business secrets, unfair competition, compensation, interruptions and d rest periods, reimbursement of expenses, unjustified dismissal, discrimination, harassment, retaliation, fraud, defamation, emotional distress, breach of any contract or express or implied agreement, claims that arise under federal or state consumer protection laws; claims arising under antitrust laws, claims arising under the Telephone Consumer Protection Law and the Fair Credit Reporting Act; and claims arising under the Uniform Commercial Secrecy Act, Civil Rights Act, Disabled Persons Act, Age Discrimination in Employment Law, Protection of Benefits for Older Workers Act, Family Medical Leave Act, Fair Labor Standards Act Retirement Income Security Law for Employees (except for individual claims for employee benefits under any benefit plan sponsored by Fyrst and covered by the Employee Retirement Income Security Act or funded by insurance) and state statutes, if there are any, that address similar or similar issues, and all other legal and common law state claims. The arbitrator will decide all disputes related to the arbitrability of a Claim (including disputes regarding the scope, applicability, enforceability, revocability or validity of the Arbitration Agreement), except in the cases expressly indicated below.

 

BY AGREEING WITH ARBITRATION, YOU UNDERSTAND THAT YOU AND FYRST ARE WAIVING THE RIGHT TO PARTICIPATE IN THE COURT OR HAVE A JURY TRIAL FOR ALL CLAIMS, EXCEPT AS EXPRESSLY STATED IN THIS ARBITRATION AGREEMENT. for the purpose of requiring the arbitration of all claims or disputes that may be arbitrated legally, except those claims and disputes that, by the terms of this Arbitration Agreement, are expressly excluded from the requirement of arbitration.

 

 

17. Confidentiality

 

You agree not to use any technical, financial, strategic and other proprietary and confidential information related to Fyrst's business, operations and property, information about a User placed at your disposal in relation to the use of such Platform by the User, who may include the User's name, collection location, contact information and photo ("Confidential Information") provided by Fyrst for its own use or for any purpose other than that contemplated in this document. You must not disclose or allow the disclosure of any Confidential Information to third parties. You agree to take all reasonable steps to protect the secrecy and to prevent the disclosure or use of Fyrst Confidential Information to prevent it from falling into the public domain. Notwithstanding the foregoing, you will not be responsible for Fyrst with respect to Confidential Information that you can prove: it was in the public domain at the time that Fyrst disclosed it or entered the public domain without liability; It was known to you, without restriction, at the time of disclosure, as evidenced by the existing archives at the time of disclosure; it is revealed with the prior written approval of Fyrst; you learn, without restriction, from a source other than Fyrst without breach of this Agreement by you and that does not violate Fyrst's rights; or is disclosed in accordance with the order or requirement of a court, administrative agency or other governmental agency; with the condition, however, that you promptly notify Fyrst of such order or judicial requirement to allow Fyrst to request a protection order or, otherwise, to prevent or restrict such disclosure.

 

 

18. Relationship with Fyrst.

 

As a Transportation Company on the Fyrst Platform, you acknowledge and agree that you and Fyrst have a direct business relationship, and that the relationship between the parties under this Agreement is solely that of the independent contracting parties. You and Fyrst expressly agree that (1) this is not an employment contract and does not create an employment relationship between you and Fyrst; and (2) no relationship of joint venture, franchisor-franchisee, partnership or agency is provided or created by this Agreement. You have no authority to bind Fyrst, and you agree not to expose yourself as an employee, agent or authorized representative of Fyrst.

 

Fyrst does not direct or control it in general or its performance under this Agreement specifically, including in relation to the provision of the Services, their acts or omissions, or their operation and maintenance of their vehicles and drivers. You retain the exclusive right to determine when, where and for how long you will use the Fyrst Platform. You retain the option to accept or reject or ignore the request for a Driver Services through the Fyrst Platform, or cancel an accepted request for Services through the Fyrst Platform, subject to the cancellation policies in effect at that time. With the exception of any signage required by law or the rules or permit / license requirements, Fyrst will not be entitled to require you to: (a) display the names, logos or colors of Fyrst in your vehicle (s); or (b) wear a uniform or any other clothing that displays the names, logos or colors of Fyrst. You acknowledge and agree that you have full discretion to provide Services or participate in other business or employment activities.