Sunride Terms of Service


The sunride Platform

The sunride Platform provides a marketplace where persons who seek transportation to certain destinations (“Riders”) can be matched with persons driving to or through those destinations (“Drivers”). Drivers and Riders are collectively referred to herein as “Users,” and each User shall create a User account that enables access to the sunride Platform. Each person may only create one User account, and sunride reserves the right to shut down any additional accounts. As a User, you authorize sunride to match you with a Driver or Rider based on factors such as your location, the estimated time to pickup, your destination, user preferences, and platform efficiency, and to cancel an existing match and rematch based on the same considerations. For purposes of this Agreement, the driving services provided by Drivers to Riders that are matched through the Platform shall be referred to collectively as the “Services”. Any decision by a User to offer or accept Services is a decision made in such User’s sole discretion. Each transportation Service provided by a Driver to a Rider shall constitute a separate agreement between such persons.

Eligibility

The sunride Platform may only be used by individuals who can form legally binding contracts under applicable law. The sunride Platform is not available to children (persons under the age of 18) or Users who have had their User account temporarily or permanently deactivated. By becoming a User, you represent and warrant that you are at least 18 years old and that you have the right, authority and capacity to enter into and abide by the terms and conditions of this Agreement. You may not allow other persons to use your User account, and you agree that you are the sole authorized user of your account.

Payments

If you are a Driver, you will receive payment for your provision of Services pursuant to the terms of the Driver Addendum, which shall form part of this Agreement between you and sunride. The Driver Addendum is available in the Driver dashboard when you log into your account.

Sunride Communications

By entering into this Agreement or using the Platform, you agree to receive communications from us, including via e-mail, text message, calls, and push notifications. You agree that texts, calls or prerecorded messages may be generated by automatic telephone dialing systems. Communications from sunride, its affiliated companies and/or Drivers, may include but are not limited to: operational communications concerning your User account or use of the sunride Platform or Services, updates concerning new and existing features on the sunride Platform, communications concerning promotions run by us or our third-party partners, and news concerning sunride and industry developments. Standard text messaging charges applied by your cell phone carrier will apply to text messages we send.

Your Information

Your Information is any information you provide, publish or post to or through thesunride Platform (including any profile information you provide) or send to other Users (including via in-application feedback, any email feature, or through any sunride-related Facebook, Twitter or other social media posting) (your “Information”). You consent to us using your Information to create a User account that will allow you to use the sunride Platform and participate in the Services. 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 your online posting of your Information. You agree to provide and maintain accurate, current and complete information and that we and other members of the public may rely on your Information as accurate, current and complete. To enable Lyft to use your Information for the purposes described in the Privacy Policy and this Agreement, you grant to us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, transferable, sub-licensable (through multiple tiers) right and license to exercise the copyright, publicity, and database rights you have in your Information, and to use, copy, perform, display and distribute such Information to prepare derivative works, or incorporate into other works, such Information, in any media now known or not currently known. sunride does not assert any ownership over your Information; rather, as between you and sunride, 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.

Your Information

Your Information is any information you provide, publish or post to or through thesunride Platform (including any profile information you provide) or send to other Users (including via in-application feedback, any email feature, or through any sunride-related Facebook, Twitter or other social media posting) (your “Information”). You consent to us using your Information to create a User account that will allow you to use the sunride Platform and participate in the Services. 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 your online posting of your Information. You agree to provide and maintain accurate, current and complete information and that we and other members of the public may rely on your Information as accurate, current and complete. To enable Lyft to use your Information for the purposes described in the Privacy Policy and this Agreement, you grant to us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, transferable, sub-licensable (through multiple tiers) right and license to exercise the copyright, publicity, and database rights you have in your Information, and to use, copy, perform, display and distribute such Information to prepare derivative works, or incorporate into other works, such Information, in any media now known or not currently known. sunride does not assert any ownership over your Information; rather, as between you and sunride, 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.

Driver Representations, Warranties and Agreements

By providing Services as a Driver on the Lyft Platform, you represent, warrant, and agree that:

You possess a valid driver’s license and are authorized and medically fit to operate a motor vehicle and have all appropriate licenses, approvals and authority to provide transportation to Riders in all jurisdictions in which you provide Services.

You own, or have the legal right to operate, the vehicle you use when providing Services, and such vehicle is in good operating condition and meets the industry safety standards and all applicable statutory and state department of motor vehicle requirements for a vehicle of its kind.

You will not engage in reckless behavior while driving, drive unsafely, operate a vehicle that is unsafe to drive, permit an unauthorized third party to accompany you in the vehicle while providing Services, provide Services as a Driver while under the influence of alcohol or drugs, or take action that harms or threatens to harm the safety of the SUNRIDE community or third parties.

You will only provide Services using the vehicle that has been reported to, and approved by SUNRIDE, and for which a photograph has been provided to SUNRIDE, and you will not transport more passengers than can securely be seated in such vehicle (and no more than seven (5) passengers in any instance).

You will not, while providing the Services, operate as a public or common carrier or taxi service, accept street hails, charge for rides (except as expressly provided in this Agreement), demand that a rider pay in cash, or use a credit card reader, such as a Square Reader, to accept payment or engage in any other activity in a manner that is inconsistent with your obligations under this Agreement.

You will not attempt to defraud SUNRIDE or Riders on the SUNRIDE Platform or in connection with your provision of Services. If we suspect that you have engaged in fraudulent activity we may withhold applicable Fares or other payments for the ride(s) in question.

You will make reasonable accommodation for Riders and/or for service animals, as required by law and our Service Animal Policy.

You agree that we may obtain information about you, including your criminal and driving records, and you agree to provide any further necessary authorizations to facilitate our access to such records during the term of the Agreement.

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

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

Relationship with SUNRIDE

As a Driver on the sunride Platform, you acknowledge and agree that you and sunride are in a direct business relationship, and the relationship between the parties under this Agreement is solely that of independent contracting parties. You and sunride expressly agree that (1) this is not an employment agreement and does not create an employment relationship between you and sunride; and (2) no joint venture, franchisor- franchisee, partnership, or agency relationship is intended or created by this Agreement. You have no authority to bind sunride, and you undertake not to hold yourself out as an employee, agent or authorized representative of sunride.

sunride does not, and shall not be deemed to, direct or control you generally or in your performance under this Agreement specifically, including in connection with your provision of Services, your acts or omissions, or your operation and maintenance of your vehicle. You retain the sole right to determine when, where, and for how long you will utilize the sunride Platform. You retain the option to accept or to decline or ignore a Rider’s request for Services via the sunride Platform, or to cancel an accepted request for Services via thesunride Platform, subject to sunride’s then-current cancellation policies. With the exception of any signage required by law or permit/license rules or requirements, Lyft shall have no right to require you to: (a) display sunride’s names, logos or colors on your vehicle(s); or (b) wear a uniform or any other clothing displaying sunride’s names, logos or colors. You acknowledge and agree that you have complete discretion to provide Services or otherwise engage in other