Last modified: 5/6/2025
Myryde Inc. (“Myryde”) maintains an on-line enabled software-as-a-service platform (“Myryde Software”) where persons seeking transportation (“Passenger Clients”) can connect directly with dryvers (“dryver Client”) to facilitate and book pre-arranged transportation in the dryver Client’s vehicle(s) and which enables payment of fees for that transportation (“Services”). Access to the Myryde Software is obtained through a mobile Internet Application (“Myryde Application” or the “Application”) owned and operated by Myryde (“Myryde” “We,” or “Us”) and licensed to the dryver Clients. In order to participate as a dryver Client (“You”), You become a licensed user of Myryde Software-as-a-Service and agree to these Terms and Conditions for authorized use of that software (“Software Client”). Subject to these Terms and Conditions between Myryde and You, as well as compliance with the Myryde Community Guidelines (which are available on the Myryde website at https://Myryde.com/community-guidelines), You will have access to the Application to review and accept requests for service from Passenger Clients and to collect payment from those Passenger Clients.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. THESE TERMS AND CONDITIONS CONTAIN A MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRES THE USE OF BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES.
NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows:
Acknowledgment and Acceptance of
Software-as-a-Service Terms and Conditions
These Terms and Conditions constitute an electronic contract that sets out the legally binding terms of the relationship between Myryde and You in Your capacity as a dryver Client and as a Software Client. Please read these Terms and Conditions carefully.
Myryde reserves the right to change, modify, remove, add to, and terminate these Terms and Conditions or any provision thereof, along with any other policy or procedure of Myryde, at any time, at its sole discretion, effective upon making the modified provisions available on the Application, with or without Your notice or consent. You are responsible for regularly reviewing these Terms and Conditions. Continued use of the Application after any such changes are made to these Terms and Conditions shall constitute Your consent to such changes.
Use of the Application is solely permitted to individuals who can form legally binding contracts under applicable law and who meet all applicable regulatory requirements for providing passenger transportation services in a personal vehicle. Accordingly, You must be at least 25 years old, have had for at least one year a valid license to drive a passenger vehicle in the jurisdiction in which You are providing Services, and be legally authorized to work in the United States to become a dryver Client. You must also not be legally barred from driving a ryde-sharing vehicle perthe requirements of any applicable law, regulation or ordinance (for example, laws or regulations prohibiting individuals convicted of certain crimes from driving a vehicle through a Transportation Network Company (“TNC”). If You do not meet these legal qualifications, You are not permitted to be (or, if applicable, You must cease engaging as) a dryver Client or Software Client. All dryver Clients performing services under these Terms and Conditions must also satisfy the credentialing and training requirements used by the relevant state and/or federal agencies or departments in the state(s) in which the dryver Client performs Services, along with any credentialing and training requirements used by Myryde. Thus, if Your training or credentialing qualifications lapse, You may be suspended from the Platform. You understand and acknowledge that Myryde has the right to, at any time while You are providing Services pursuant to this Agreement, request confirmation, evidence, proof or any other documentation that Myryde may require to confirm that you are in compliance with these Terms and Conditions and any other policies or procedures implemented by Myryde.
By accessing the Application, You accept these Terms and Conditions and agree to the terms, conditions, and notices contained and/or referenced herein.
1. DEFINITIONS
Capitalized terms are defined as set forth below or elsewhere in the Agreement.
1.1 “Services” means the services specified in a Myryde Request for services to be provided by a dryver Client to a Passenger Client; specifically, pre-arranged transportation services using the Application to connect Passenger Clients with dryver Clients who will provide transportation services using the dryver Client’s personal vehicle.
1.2 “Myryde Request” means a notice provided, through the Application, to one or more dryver Clients, which includes a description of the Services to be optionally provided by the dryver Client, the time by which at which the services are to be provided (the “Myryde Completion Date”) and the rate of payment associated with the Myryde Request(the “Payment”). An open request is a request for Services that has not yet been filled (“Open Request”). dryver Clients can use the Application to review Open Requests and optionally decide to accept Open Requests. Once a dryver Client has accepted a Myryde Request pursuant to Section 2, the Myryde Request will become a “Myryde Engagement.”
1.3 “Myryde Mobile Application” or “Application” means the proprietary software application that Myryde licenses to Passenger Clients and dryver Clients to facilitate the provision of Services.
2. dryver CLIENT’S OBLIGATIONS
2.1 Background Checks. As part of Your initial registration with Myryde, You agree to immediately execute a written consent for Myryde to conduct a background check (which may include but not be limited to a criminal history check, motor vehicle record check, and drug and/or alcohol screening) to be conducted by an independent third party. Subject to satisfactory completion of any and all required background checks (which will be conducted in compliance with all applicable laws) and agreement to the terms herein, You will be eligible to use the Myryde Mobile Application to view and accept Myryde Requests. Such background checks also may be conducted at any time while providing Services under these Terms and Conditions.
2.2 Automobile Insurance. You agree to maintain at Your cost automobile insurance valid for transporting passengers arranged through a transportation network company (TNC) and a valid dryver’s license. You are advised that personal automobile insurance policies typically do not provide coverage when a dryver uses a vehicle in connection with a transportation network company’s online-enabled application or platform and that personal automobile insurance policies typically do not provide collision or comprehensive coverage for damage to the vehicle used by the dryver when the dryver is giving a ryde or on his way to go pick up a client who requested a ryde through a transportation company. You understand and agree that Myryde’s commercial automobile insurance policy does not provide coverage to You or Your vehicle(s) in the event of an accident or other loss. You further agree that, in the event of an accident while providing services to a Passenger Client, You will comply with any applicable law, ordinance, or regulation; make any required contact with or report to Your insurance carrier; and have available for law enforcement inspection evidence of Your personal insurance and Myryde’s commercial insurance.
2.3 Other Insurance. You acknowledge that You are a dryver Client and as such an independent contractor, not anemployee of Myryde. As such, unless otherwise required by applicable law, ordinance or regulation, You are not covered by any insurance that may be provided by Myryde to its employees, including, without limitation, health insurance, workers’ compensation insurance, general liability insurance, and automobile liability insurance. As an independent contractor, You are solely and exclusively responsible for and agree to provide Your own insurance. Specifically, in the event that You are injured while in the course and scope of an engagement sourced through Myryde, You acknowledge, understand and agree that You will not be covered by any workers’ compensation insurancecoverage that Myryde may provide to its employees. Further, in the event that Your actions cause an injury to a third party while You are in the course and scope of an engagement sourced through Myryde, You acknowledge and understand that You will not be covered by any general liability or automobile liability insurance coverage that Myryde may have, and that Myryde is not making any commitment to defend and/or indemnify You in such circumstances, and specifically denies such obligation.
2.4 Vehicle Used To Provide Services. In providing Services to Passenger Clients, You agree, consistent with applicable law, ordinance or regulation, to use street-legal coupes, sedans, hatchbacks, convertibles, or light-duty vehicles including vans, minivans, sport utility vehicles (SUVs) and pickup trucks and that such vehicles are not modified significantly from factory specifications (e.g., no stretch vehicles). You understand and agree that the acceptability of Your vehicle for use in providing Services to Passenger Clients is in Myryde’ sole discretion. You also agree that You will not transport more than seven (7) passengers on any one ryde (or exceed the maximum occupancy of the vehicle if such maximum occupancy is lower than seven (7)). You further agree that Your vehicle used to provide Services to Passenger Clients 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 and that any and all applicable safety recalls have been or will be remedied per manufacturer instructions. You will be solely responsible for any and all liability which results from or is alleged as a result of the operation of the vehicle You use to transport Passenger Clients, including, but not limited to personal injuries, death and property damages.
2.5 Compliance With Non-Discrimination Requirements. You represent that You understand and agree to comply with all legal requirements to provide services on a nondiscriminatory basis, including refraining from harassment, with respect to sex, race, color, religion, ancestry, national origin, disability, medical condition, genetic information, marital status, sexual orientation and any other basis protected by applicable law.
2.6 Vehicle Inspection. Myryde has the sole discretion to accept or reject Your vehicle for use in performing the Services based upon the results of the inspection or any other criteria determined solely by Myryde, in its sole and absolute discretion. You agree to conduct a vehicle inspection of the vehicle You intend to use to provide services to Myryde’s Passenger Clients, to the extent required by applicable law, regulation or ordinance. Any legally required inspection must be satisfactorily completed before You may provide driving services to Passenger Clients.
2.7 Obey All Laws. You agree to follow all applicable laws, ordinances and regulations when providing services to a Passenger Client, including but not limited to obeying all traffic laws and regulations.
2.8 Zero Tolerance Cell Phone Policy. Cell phones should only be used in connection with providing Services while You are providing Services. You must use hands-free technology when making calls while driving and any such calls should be limited to emergency calls only. You are prohibited from activities like texting, browsing the internet, or watching videos on Your phone or any other mobile or electronic device while actively transporting any Passenger Clients or providing any Services under this Agreement, with Your primary focus being on maintaining safe driving practices and minimizing distractions. Using GPS navigation applications is permitted as long as such applications are set up before driving and only voice commands are used while driving. You understand and agree that Passenger Clients will be encouraged to report to Myryde any violation of this policy and that You will be deactivated from providing services to Passenger Clients until completion of Myryde’s investigation of the incident and that these Terms and Conditions may be terminated if Myryde’s investigation determines that You violated the policy.
2.9 Zero Tolerance Intoxicating Substance Policy. Consistent with its legal obligations, Myryde has adopted a Zero Tolerance Intoxicating Substances Policy, a copy of which will be provided to You during Your product orientation.You understand and agree that Passenger Clients will be encouraged to report to Myryde any violation of the policy and that You will be deactivated from providing services to Passenger Clients until completion of Myryde’s investigation of the incident and that these Terms and Conditions may be terminated if Myryde’s investigation determines You violated the policy.
2.10 Accepting Open Requests. By registering to become a dryver Client and accepting an Open Request, You agree to use Your best efforts to perform the Myryde Engagement such that the Services are satisfactory to the PassengerClient for whom the Open Request was created. Once a dryver Client has accepted a Myryde Request, the Open Request will no longer be available for performance by other dryver Clients who received the Open Request. By accepting an Open Request, You are entering into a binding legal agreement to provide the Services for the Payment specified in the Open Request. Do not accept an Open Request unless You are sure that You understand what You arebeing asked to deliver, can get to and from the Passenger Client’s location safely, and can deliver the Services in the requested time period.
2.11 No Street Hails and Cash Payments. You will not, while providing the Services, operate as a public carrier or taxi service, accept street hails, charge for rydes (except as expressly provided in this Agreement), demand that a ryder 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.
3. SOFTWARE CLIENT OBLIGATIONS
Myryde and dryver Client desire to enter into a supplier relationship that grants dryver Client the right to access Myryde’s technology for dryver Client’s Passenger Clients.
3.1 Rights. Subject to the terms of these Terms and Conditions, Myryde hereby grants You the non-exclusive, revocableright to use the Myryde Software to locate Passenger Clients, accept Open Requests, and offer Services in exchange for payment from Myryde. These rights will terminate upon suspension or termination of Your status as a dryver Client.
3.2 Network. You shall have the right to use Myryde’s Software and functionalities for the acquisition of and communications with Passenger Clients. These Terms and Conditions do not limit or otherwise restrict Your ability to use other software platforms to provide similar Services.
4. INDEPENDENT CONTRACTOR RELATIONSHIP
Myryde provides motivated individuals with the opportunity to establish and grow their own business. You are notrequired to work any particular schedule, expected to work a certain amount of hours, or even provide services at all.You are an independent contractor who decides when and if You want to provide transportation to Passenger Clientsthrough use of the Myryde Software. You are free to work with other companies if You so choose. As an independent contractor, You rely on Your own skill, education, and training in performing under these Terms and Conditions, if You choose to do so; You are solely responsible for Your actions and inactions; and You are solely responsible for determining the manner and means by which You provide services to the Passenger Clients You decide to offer services to (subject to these Terms and Conditions). Accordingly, nothing in these Terms and Conditions is intended to or should be construed as creating a partnership, joint venture, agency, or employer-employee relationship betweenMyryde and You or between the Passenger Client and you. You are not an employee or agent of Myryde or the PassengerClient; You may not act as or represent to any third party that You are an employee or agent of Myryde or the PassengerClient; and You are not authorized, and must not represent to any third party that You are authorized, to make any contract, agreement, obligation, or commitment, or otherwise act, on behalf of Myryde or the Passenger Client. You shall not undertake or allow any actions contrary to the letter and spirit of these Terms and Conditions. Nothing herein should be construed to prevent or prohibit You from performing work for other individuals or entities while performing services pursuant to these Terms and Conditions.
4.1 Benefits and Contributions. You (and Your spouse and dependents) are not entitled to or eligible for any benefits that Myryde or other related entities may make available to its employees, such as group insurance, workers’ compensation insurance benefits, stock-options, profit-sharing or retirement benefits. You waive all rights to such benefits, including any right to file a claim for any employee benefits under the Employee Retirement Income Security Act (ERISA), applicable state or local law, or any Myryde policy, practice, procedure, or program. Because You are a dryver Client and an independent contractor, Myryde will not withhold or make payments for income or payroll taxes or socialsecurity, make unemployment insurance or disability insurance contributions, or obtain workers’ compensationinsurance on Your behalf. If, notwithstanding the foregoing, You are reclassified as an employee of Myryde, or any affiliate of Myryde (“Affiliate”), by the U.S. Internal Revenue Service (“IRS”), the U.S. Department of Labor (“DOL”), an arbitrator, or any other federal, state or foreign court or agency, You agree that You will not, as the result of such reclassification, be entitled to or eligible for, on either a prospective or retrospective basis, any employeebenefits under any plans or programs established or maintained by either Myryde or any of its parents, subsidiaries, affiliates or related entities or by the Passenger Client and any related persons or entities.
4.2 Taxes. You are solely responsible for filing all tax returns and submitting all payments as required by any federal,state, local, or foreign tax authority arising from the payment of Payments to You under these Terms and Conditions, and You agree to do so in a timely manner. You agree that You will comply with all applicable federal, state, local, and foreign laws governing self-employed individuals, including laws requiring the payment of taxes, such as incomeand employment taxes, and social security, disability and other contributions. To the extent required by the IRS and state or local tax authorities, Myryde will report the Payments paid to You for services rendered as part of Myrydeengagements by filing Form 1099-K or 1099-MISC with such tax authorities. You agree to indemnify Myryde and hold Myryde harmless for the cost of any tax liabilities, interest and penalties incurred by Myryde as a result of Your failure to pay all applicable taxes in a timely manner.
5. CONFIDENTIALITY
5.1 Use and Disclosure. From time to time, You may be given access to confidential information in the course ofperforming engagements that You receive through Myryde. “Confidential Information” means any and all informationrelated to Myryde’s or any Passenger Clients or their business (including information about the Application and identityof Passenger Clients, other trade secrets, technical information, business forecasts and strategies, marketing plans, customer and supplier lists, guest lists, personal information about Passenger Clients, personnel information, financial data, and proprietary information of third parties including Passenger Clients) that Myryde and/or the Passenger Client considers to be confidential or proprietary or Myryde has a duty to treat as confidential. Confidential Information will also include (i) all information relating to any Passenger Client’s Protected Health Information (“PHI”) as that term is defined under the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”); financial documents and plans; healthcare service delivery methods; patient records; patient lists; healthcare provider information; technical healthcare data; proprietary healthcare concepts; privacy and security measures for PHI; and any other non-public patient or healthcare-related information; and (ii) all other non-public information provided to You or otherwise obtained by You from Myryde, a Passenger Client, or any other party in connection with Your performance of Services that is related to PHI or compliance with HIPAA.
During the term of these Terms and Conditions and at all times thereafter, You will (a) hold all Confidential Information in strict trust and confidence, (b) refrain from using or permitting others to use Confidential Information in any manner or for any purpose not expressly permitted or required by these Terms and Conditions, and (c) refrain from disclosing or permitting others to disclose any Confidential Information to any third party without obtaining Myryde’s express prior written consent on a case-by-case basis.
5.2 Exceptions. Your obligations under Sections 5.1 will terminate with respect to any particular information that You can prove, by clear and convincing evidence, (a) You lawfully knew prior to Myryde’s first disclosure to you, (b) a third party rightfully disclosed to You free of any confidentiality duties or obligations, or (c) is, or through no fault of You has become, generally available to the public. Additionally, You will be permitted to disclose ConfidentialInformation to the extent that such disclosure is expressly approved in writing by Myryde, or is required by law or court order, provided that You immediately notify Myryde in writing of such required disclosure and cooperate with Myryde, at Myryde’s reasonable request and expense, in any lawful action to contest or limit the scope of such requireddisclosure, including filing motions and otherwise making appearances before a court.
5.3 Removal; Return. Upon termination or expiration of these Terms and Conditions, You will promptly (a) return to Myryde or, if so directed by Myryde, destroy all Confidential Information (in every form and medium) relating to Myryde,the Application, and Passenger Clients who have used the Application, (b) permanently erase all electronic filescontaining or summarizing any Confidential Information, and (c) certify to Myryde in writing that You have fully complied with these obligations.
6. RESPONSIBILITIES OF Myryde
Myryde will use its commercially reasonable best efforts to perform the following tasks.
6.1 Fulfillment. Myryde shall provide software-as-a-service enabling dryver Clients the optional ability to review and accept Open Requests made by Passenger Clients.
6.2 Collection System. Myryde shall provide software-as-a-service to enable dryver Client to collect payments from Myryde in exchange for performing Services.
6.3 Maintenance. Myryde shall provide ongoing maintenance, support and upgrade of Myryde’s Web-based system and mobile applications.
6.4 Support. Myryde shall provide e-mail technical support according to Myryde’s existing standards.
6.5 Product Orientation. As part of its service to dryver Client, Myryde shall provide mandatory Product Orientation to dryver Client on the use of Myryde’s software-as-a-service and, per applicable state or local law, ordinance or regulation, safe operation of the vehicle used to provide services to Passenger Clients.
6.6 Magnetic Decal. Myryde shall sell a magnetic decal to dryver Client to place on dryver Client’s vehicle when giving rydes (to comply with state or local legal requirements).
7. PRICING, FEES, AND PAYMENT TERMS
Pricing. The Fare for a Passenger Client is determined based upon rates set by Myryde (“Myryde Rate”), or rates set by a partner (“Partner Rate”). You receive the entire Fare, subject to deductions of Myryde’s Platform Fees and any adjustments deemed appropriate by Myryde.
For trips based on a Myryde Rate, the Platform Fees consist of a General ryde Request Platform Fee or a Direct Book ryde Request Platform Fee, which are calculated based on the fee schedule set forth on the Myryde website, available at https://Myryde.com/dryvers/fees.
For trips based on a Partner Rate, which include non-emergency medical transportation (“NEMT”) trips, the Platform Fees will vary from partner to partner.
The Platform Fees are intended to compensate Myryde for the Passenger Client’s and dryver Client’s use of Myryde’s software and may change in the future upon written notice to you.
When You accept a trip from within the Application, You expressly acknowledge and agree to the Fare amount, which is calculated up front and displayed within the Application. You also agree that failure to operate the Application in accordance with orientation materials provided by Myryde may result in further adjustments to Your share of the Fare as deemed appropriate by Myryde.
7.1 Collection of Fare and Payment. Myryde utilizes a third-party provider to collect from each Passenger Client theFare charged for Services provided by You. The third-party provider shall pay the entire Fare to you, subject to any deductions of the Myryde Platform Fee and any offset for Late Cancellation Fees. You authorize the third-party provider to pay Myryde the applicable Platform Fee and any applicable fees included in the Fare. You receive paymentfor the services You provide on a weekly basis. Contact information for the third-party provider shall be provided upon written request.
7.2 Cancellation or No-Show Fees. For trips based on a Myryde Rate, in the event You cancel an accepted Open Request or Direct Booking Request, You authorize Myryde and its third-party provider to apply and deduct a late cancellation fee as outlined in the cancellation and no-show fee schedule set forth on the Myryde website, available at https://Myryde.com/dryvers/fees. You expressly acknowledge and agree that these potential fees may result in You notgenerating a profit and potentially sustaining loss in providing services under the terms of these Terms and Conditions.
For trips based on a Partner Rate, cancellation or no-show fees, when applicable, will vary from partner to partner.
8. NO CONFLICTS
You represent and warrant that You are not subject to any contract or duty that would be breached by entering into orperforming Your obligations under these Terms and Conditions, or any Myryde Engagement, or that is otherwiseinconsistent with these Terms and Conditions or any Myryde Engagement. These Terms and Conditions are not exclusive and do not limit Your ability to use Your car for other purposes.
9. REPRESENTATIONS AND WARRANTIES
9.1 General. You represent, warrant, and covenant that:
You have full right, power, and authority to enter into and perform these Terms and Conditions without the consent of any third party (including any of Your current or former employers);
Will fully conform to the specifications, requirements, and other terms in the applicable Myryde Engagementand these Terms and Conditions and will be of a professional and workmanlike quality.
9.2 Indemnification. You will indemnify and hold harmless Myryde and its parents, affiliates, employees, and agents from and against any and all liabilities, losses, damages, costs, and other expenses (including attorney fees and costs associated with litigation) arising from or relating to a breach by You of any representation, warranty, covenant, or obligation in these Terms and Conditions, or arising from or relating to any negligent or intentional act or omission committed by you, in connection with the performance of any Myryde engagement, which act or omission gives rise to any claim for damages against you, Myryde and/or its parents, affiliates, employees or agents. Myryde specifically denies any obligation to defend and/or indemnify You from and against any third party claims made against You arising from any negligent or intentional act or omission committed by You in connection with the performance of any Myryde engagement.
9.3 Warranty Disclaimer. The Application and the Services are provided “as is,” as available and without any warranties or conditions (express or implied, including the implied warranties of merchantability, accuracy, fitness fora particular purpose, title and non-infringement, arising by statute or otherwise in law or from a course of dealing orusage or trade). We disclaim all and make no representations or warranties, of any kind, either express or implied, as tothe quality, identity or reliability of any third party, or as to the accuracy of the postings made on the Application byany third party. We also do not guarantee and do not promise any specific results from use of Myryde and/or the Services. Some states and jurisdictions do not allow for all the foregoing limitations on implied warranties, so to that extent, if any, some or all of the above limitations may not apply to you.
We do not warrant that Your use of the Services will be accurate, complete, reliable, current, secure, uninterrupted, always available, or error-free, or will meet Your requirements, that any defects in the Services will be corrected, or that the Services are free of viruses or other harmful components. We disclaim liability for, and no warranty is made with respect to, connectivity and availability. We cannot guarantee that each user is at least the required minimum age, nor do We accept responsibility or liability for any content, communication or other use or access of Myryde or the Services by persons in violation of these Terms. We are not responsible or liable in any manner for any content posted on Myryde or in connection with the Service, whether posted or caused by users of Myryde, by Myryde, by third parties or by any of the equipment or programming associated with or utilized in Myryde or the Services. Although We provide rules for user conduct and postings, We do not control and are not responsible for what users post, transmit or share on Myryde and are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content You may encounter on Myryde or in connection with any content. Myryde is not responsible for the conduct, whether online or offline, of any user of Myryde or Services. It also is possible for others to obtain personal information about You due to Your use of Myryde or the Services, and that the recipient may use such information in an unauthorized manner. We are not responsible for the use of any personal information that You disclose on Myryde or through the Services. You are solely responsible for Your interactions with other users. We reserve the right, but have no obligation, to monitor disputes between You and other users. Please carefully select the type of information that You post on Myryde or through the Services or release to others. We disclaim all liability, regardless of the form of action, for the acts or omissions of other participants or users (including unauthorized users, or “hackers”). Myryde only offers a venue that enables dryvers and ryders to match with each other. Myryde does not offer transportation services and Myryde is not a transportation company. We are not involved in the actual transportation services between dryver Client and Passenger Client. As a result, We have no control over the quality or safety of the transportation that occurs as a result of the Service; nor do We have any control over the truth or accuracy of the of participants’ information listed on Myryde. We cannot ensure that a Passenger Client is who they claim to be or that a Passenger Client will actually complete an arranged service. We reserve the right to change any and all content, software and other items used or contained in Myryde and the Services at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by Myryde or Myryde.
Myryde and the Services may be temporarily unavailable from time to time for maintenance or other reasons. Myryde assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user communications. Myryde is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet, on Myryde, on any web site or any combination thereof, including injury or damage to a user’s or to any other person’s computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with the Web and/or in connection with the Services.
9.4 Online Content Disclaimer. Opinions, advice, statements, offers, or other information or content made available through the Services, but not directly by us, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. We do not guarantee the accuracy, completeness, or usefulness of any information on the Services and neither do We adopt nor endorse nor are We responsible for the accuracy or reliability of any opinion, advice, or statement made by parties other than us. Under no circumstances will We be responsible for any loss or damage resulting from anyone’s reliance on information or other content posted on the Services, or transmitted to participants. We reserve the right, but We have no obligation, to monitor the materials posted in the public areas of the Services. Notwithstanding this right, users remain solely responsible for the content of the photos, profiles (including Your name, image, and likeness), messages, notes, text, information, music, video, advertisements, listings, and other content (the “Content”) that users post in the public areas of the Services and in users’ private e-mail messages. We shall have the right to remove any such material that in our sole opinion violates, or is alleged to violate, the law or these Terms or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of users or others. E-mails sent between users and other participants that are not readily accessible to the general public will be treated by Us as private to the extent required by applicable law.
Myryde contains links to other web sites (“Third Party Sites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (the “Third Party Applications, Software or Content”). Such Third Party Sites and Third Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and We are not responsible for any Third Party Sites accessed through Myryde or any Third Party Applications, Software or Content posted on, available through or installed from Myryde, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content. Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Applications, Software or Content does not imply approval or endorsement thereof by us. If You decide to leave Myryde and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, You do so at Your own risk and You should be aware that our terms and policies no longer govern. Please review the applicable terms and policies, including privacy and data gathering practices, of any web site to which You navigate from Myryde or relating to any applications You use or install from Myryde.
10. LIMITATION OF LIABILITY
IN NO EVENT WILL Myryde OR ITS SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INSURERS, OR SUPPLIERS BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, EXEMPLARY, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THESE TERMS AND CONDITIONS, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF BUSINESS OPPORTUNITIES OR LOSS OF GOODWILL, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Myryde’S TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH THESE TERMS AND CONDITIONS, WHETHER IN CONTRACT OR TORT OR OTHERWISE, WILL NOT EXCEED THE AGGREGATE AMOUNT OF PAYMENTS OWED BY Myryde FOR Myryde ENGAGEMENTS PERFORMED UNDER THIS AGREEMENT DURING THE TWELVE-MONTH PERIOD PRIOR TO THE OCCURRENCE OF THE FIRST CLAIM TO GIVE RISE TO LIABILITY UNDER THESE TERMS AND CONDITIONS.
SOME STATES AND JURISDICTIONS DO NOT ALLOW FOR ALL THE FOREGOING EXCLUSIONS ANDLIMITATIONS OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO TO THAT EXTENT, IF ANY, SOME OR ALL OF THESE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
11. TERMINATION
11.1 Termination by You or Myryde. Either Myryde or You may terminate these Terms and Conditions with respect to You and Your providing Services hereunder for any reason, or for no reason at all, at any time upon written notice to the other party. Both Myryde and You acknowledge that, other than the aforementioned termination notice, no other actions are necessary for either party to terminate these Terms and Conditions with respect to You and Your providing Services hereunder. The basis for termination may include, but is not limited to: (a) You have not received a request forservices within three calendar months; (b) You have not accepted a Myryde Engagement in the previous three calendar months; (c) Your material breach of any of Your obligations under these Terms and Conditions, which includes but is not limited to failing to comply with the requirements set forth in applicable state or local requirements for dryver Clients using their personal vehicles to provide services arranged through a TNC, Your driving a vehicle while under the influence of intoxicating substances, Your failure to complete an engagement, Your failure to show up when You have accepted an engagement, or Your failure to complete the ryde to the specifications of the Myryde Request; (d) You are not permitted by applicable law, ordinance, or regulation to be a TNC dryver (and therefore cannot be a dryver Client) (for example, due to a disqualifying criminal conviction or arrest, license revocation or suspension, or an unacceptable driving record as determined in Myryde’s sole discretion); (e) Myryde’s material breach of any of its obligations under these Terms and Conditions; and (f) any other lawful reason. Myryde shall not be liable for, nor shall You be liable to perform, any Services, payments, or expenses incurred after the receipt of notice of termination, except as set forth expressly in these Terms and Conditions or as otherwise required by law.
11.2 Deactivation from Platform. In addition, You agree that, if You are arrested or charged with any criminal offense which, if convicted, would bar You under applicable law, ordinance or regulation from being a TNC dryver, You agree to report the arrest or being charged to Myryde within 48 hours, and You further agree that You may be deactivated from access to the Myryde platform from the time of Your arrest or being criminally charged until such timeas You report that the charges have been adjudicated or dismissed without conviction of a disqualifying offense. If thecharges result in a disqualifying conviction, You legally will no longer be authorized to provide services to Myryde’s Passenger Clients, and You agree that Myryde may terminate these Terms and Conditions upon written notice to you.
You also agree that Myryde may deactivate Your access to the Myryde platform while it investigates complaints received from Passenger Clients regarding You or the services You provide and that Myryde may deactivate Your access or terminate these Terms and Conditions in the event it determines, in its sole discretion, following its investigation that You materially breached the terms of these Terms and Conditions (such as by driving unsafely or recklessly or engaging in conduct that violates the Community Guidelines) or violated any applicable law, ordinance, or regulation, including but not limited to the common law and laws, ordinances, or regulations governing the conduct of TNCdryvers. By way of example, engaging in racial slurs or other forms of harassment, striking a Passenger Client or committing assault or battery, reckless driving or other violation of traffic laws, and failure to permit an authorizedservice animal to ryde in Your vehicle or other form of discrimination on the basis of disability are examples of conduct that can result in deactivation or termination of these Terms and Conditions.
Myryde may also deactivate Your access to the Myryde platform or terminate these Terms and Conditions if, twice within a calendar year, You fail to either provide at least 20 minutes advance notice to Myryde of inability to arrive at a pick-up location by the agreed-upon time or if You fail to arrive by the scheduled pick-up time (i.e. a “No-Show”) of anaccepted ryde.
11.3 Survival. Sections 4 (“Independent Contractor Relationship”), 5 (“Confidentiality”), 8 (“No Conflicts”), 9(“Representations and Warranties”), 10 (“Limitation of Liability”), and 12 (“General Provisions”) will survive any termination or expiration of these Terms and Conditions. Termination or expiration of these Terms and Conditions willnot affect either party’s liability for any breach of these Terms and Conditions such party may have committed before such expiration or termination.
12. GENERAL PROVISIONS
12.1 Law. These Terms and Conditions or any claim, cause, of action or dispute (“Claim”) arising out of or related tothese Terms and Conditions shall be governed, construed, and interpreted in accordance with the laws of the state of Georgia, notwithstanding any conflicts of law principles.
12.2 Arbitration. If You and Myryde are unable to resolve a dispute within 60 days of Your original claim, You and Myryde agree to the following process:
In accordance with the Federal Arbitration Act, except as provided for below, You and Myryde agree to the final and binding resolution by arbitration of any claim (including, but not limited to, a claim for compensation, breach of contract, interpretation or enforceability of these Terms and Conditions, and any other claim for violation of any federal, state or local law) that You may have against Myryde or any of its related entities, their predecessors or successors, or its or their partners, owners, officers, directors, shareholders, administrators, employees, insurers, attorneys, or agents, in their capacity as such or otherwise; and any such claim that Myryde may have against you. Any arbitration pursuant to these Terms and Conditions shall be conducted before a single arbitrator affiliated with the American Arbitration Association (“AAA”). The place of the arbitration shall be held in the State and a County in which You provide services to Passenger Clients, at a location to be determined by the arbitrator in the arbitrator’s sole discretion, or as otherwise agreed to by the parties. If the claims are in any way predicated on allegations of an employment relationship, they shall be resolved under the Employment Dispute Resolution Rules then in effect for AAA, except as provided herein. Any other claims will be resolved under the AAA rules designated by the arbitrator; any dispute as to the applicable rules will be resolved by the arbitrator. Copies of the rules may be obtained from the AAA’s website: www.adr.org. The fees of the Arbitrator shall be assessed as called for under the relevant rules and applicable law. If You are unable to access or print the AAA rules, You may obtain a print out of the rules byrequesting one from Myryde via email at legal@Myryde.com.
The party wishing to initiate arbitration must submit a written demand for arbitration. If You initiate a Claim, You willsubmit the demand by certified mail to Myryde’s Agent of Service of Process for the state in which You provide Services. If Myryde initiates a claim, Myryde will serve a written demand for arbitration upon You by email to the email address on file with Myryde, and may send a copy by certified mail to Your last known address (or to another addressspecified by You in Your notice of dispute of Your informal claim). You agree to service of process in that manner. Any demand for arbitration by either party shall identify the parties to the dispute, describe the legal and factual basis of the dispute, and specifically state the remedy being sought. Any demand for arbitration must be served no later than the expiration of the applicable statute of limitations for such a claim.
Except as otherwise provided in these Terms and Conditions, the parties’ agreement to arbitrate claims is entered into pursuant to and is enforceable pursuant to the Federal Arbitration Act, 9 U.S.C. § 1, et seq.
You and Myryde agree and acknowledge that any claims brought by You or Myryde shall only be in an individual capacity and that neither You nor Myryde can bring claims as a class member in any purported class, collective, or representative proceeding, including actions brought pursuant to Federal Rule of Civil Procedure 23, 29 U.S.C. § 216, or analogous state class action procedures. Nothing in these Terms and Conditions should be construed to require the arbitration of a claim (or the arbitration of a claim in a particular capacity) that cannot be compelled to arbitration (or cannot be subject to a class or collective action waiver within the arbitration setting) pursuant to applicable federal law. These Terms and Conditions also do not preclude You from filing an administrative charge or complaint with, or communicating in any way with, any federal, state, or local agency or official. To the extent that the Parties’ dispute involves both timely filed claims subject to arbitration under these Terms and Conditions and claims that are excluded from arbitration as set forth herein, the Parties agree to bifurcate and stay for the duration of the arbitrationproceedings any such excluded claims.
Each party to the arbitration shall bear its own respective attorneys’ fees and all other costs, unless otherwise provided by law or under the terms of the relevant AAA rules and awarded by the arbitrator.
13. Severability. If any provision of these Terms and Conditions is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms and Conditions will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.
14. No Assignment. These Terms and Conditions and Your rights and obligations under these Terms and Conditions may not be assigned, delegated, or otherwise transferred, in whole or in part, by operation of law or otherwise, by You without Myryde’s express prior written consent. Any attempted assignment, delegation, or transfer in violation of the foregoing will be null and void. Myryde may assign these Terms and Conditions or any of its rights under these Terms and Conditions to any third party with or without Your consent.
15. Sharing of Personal Information. Myryde collects information about You when You use its mobile applications, websites, platform and other online products and services (collectively, the “Services”) and through other interactions and communications You have with us. This Section sets forth Myryde’s privacy policy for its collection, use andsharing of personal information obtained from You or about you. It applies to dryvers, partner transportation companies, and any other persons that use the Myryde platform under license (collectively “dryver Clients,” or individually “you”). This Section does not apply to persons who use Myryde app or Services to request transportationservices (“Passenger Clients”). If You interact with the Services as both a Passenger Client and a dryver Client, the applicable privacy policy that applies to You depends on Your status as a Passenger Client or dryver Client.
15.1 COLLECTION OF INFORMATION.
15.1.1 Information You Provide to Us. We collect information You provide directly to us, such as when You create, modify, or log in to Your account, request support from us, consent to a background check, submit Your dryver’s license, submit information about Your vehicle or insurance, or otherwise communicate with us. This information may include: name, email, phone number, postal address, profile picture, payment information, vehicle registration information, insurance information, dryver’s license information, and other information You may choose to provide.
15.1.2 Information We Collect Through Your Use of Our Services. When You use our Services, Myryde collects information about You in the following general categories:
15.1.2.1 Location Information. As a condition of providing Passenger Clients with transportation services via theMyryde platform, Your precise location data must be provided to Myryde via the app that that You use. Once the Myryde app has permission to access location services through the permission system used by Your mobile operating system (“platform”), We will collect the precise location of Your device when the app is running in the foreground or background. Location information may be stored electronically for a period of time solely in the discretion of Myryde. If You initially permit the collection of location information, You may later disable it by changing the location settings on Your mobile device, however, You will not be able to provide services on the Myryde platform if You disable our collection of precise location data. Additionally, disabling our collection of precise location from Your device will not limit our ability to derive approximate location from Your IP address. BY ACCEPTING THIS AGREEMENT, YOU HEREBY EXPRESSLY CONSENT TO Myryde’S USE OF LOCATION-BASED SERVICES AND EXPRESSLY WAIVE AND RELEASE Myryde FROM ANY AND ALL LIABILITY, CLAIMS, CAUSES OF ACTION OR DAMAGES ARISING FROM YOUR USE OF THE Myryde PLATFORM, OR IN ANY WAY RELATING TO THE USE OF THE PRECISE LOCATION AND OTHER LOCATION-BASED SERVICE.
15.1.2.2 Contact Information. If You permit the Myryde app to access the address book on Your device via the permission system used by Your platform, We may access and store names and contact information from Your address book to facilitate social interactions through our Services and for other purposes described in this Statement or at the time of consent or collection.
15.1.2.3 Transaction Information. We collect transaction details related to the transportation services You providethrough our platform, including the type of service provided, date and time the service was provided, amount charged, distance traveled, and other related transaction details. Additionally, if someone uses Your promo code, We may associate Your name with that person.
15.1.2.4 Usage and Preference Information. We collect information about how You and site visitors interact with ourServices, preferences expressed, and settings chosen. In some cases We do this through the use of cookies, pixel tags,and similar device identification technologies that create and maintain unique identifiers. Cookies are small files that can be used to track a user’s research trail, information accessed or to automatically generate a user’s password. Some features of our website or platform may only be available through the use of a cookie. Cookies are stored on Your device, not on our servers or other equipment. Most, but not all, cookies are automatically deleted at the end of asession. You may decline our cookies if Your browser permits, although Your ability to interact with or to use Services may no longer be feasible.
15.1.2.5 Device Information. We may collect information about Your mobile device, including, for example, the hardware model, operating system and version, software and file names and versions, preferred language, unique device identifier, advertising identifiers, serial number, device motion information, and mobile network information.
15.1.2.6 Call and SMS Data. Our Services facilitate communications between Passenger Clients and dryver Clients. In connection with facilitating this service, We may receive call data, including the date and time of the call or SMS message, the parties’ phone numbers, and the content of the SMS message.
15.1.2.7 Log Information. When You interact with the Services, We collect server logs, which may include information like device IP address, access dates and times, app features or pages viewed, app crashes and other systemactivity, type of browser, and the third-party site or service You were using before interacting with our Services.
15.1.2.8 Important Information About Platform Permissions. Most mobile platforms (iOS, Android, etc.) have defined certain types of device data that apps cannot access without Your consent. And these platforms have different permission systems for obtaining Your consent. The iOS platform will alert You the first time the Myryde app wantspermission to access certain types of data and will let You consent (or not consent) to that request. Android devices willnotify You of the permissions that the Myryde app seeks before You first use the app, and Your use of the app constitutes Your consent.
15.1.2.9 Telematics. By agreeing to these Terms and Conditions, You consent to our use of telematics technology for the purpose of monitoring driving behavior in order to ensure compliance with safe driving standards. This includes, but is not limited to, the collection, processing, and analysis of data related to vehicle speed, location, acceleration, deceleration, and other driving patterns. The dryver acknowledges that this information may be used to evaluate their performance, promote safety, and may be considered in making decisions regarding their continued engagement with the Myryde Platform. The Company commits to using this data in accordance with its Privacy Policy, ensuring the confidentiality and security of the dryver’s information. Myryde reserves the right to suspend and/or terminate dryver Clients based on any telematic information collected pursuant to this Agreement, in Myryde’ sole and absolute discretion.
15.1.3 Information We Collect From Other Sources. We may also receive information from other sources andcombine that with information We collect through our Services. For example:
If You choose to link, create, or log in to Your Myryde account with a payment provider (e.g., Google Wallet) or social media service (e.g., Facebook), or if You engage with a separate app or website that uses our API(or whose API We use), We may receive information about You or Your connections from that site or app.
If You use the Services through an account associated with a partner transportation company, We may receive information about You from that partner company.
When You provide services to Passenger Clients, our Passenger Clients may provide Us with a dryver rating or similar rating of the service You provide for them.
If You also interact with our Services in another capacity, for instance to request services as a PassengerClient, or as a user of other apps We may provide, We may combine or associate that information with information We have collected from You in Your capacity as a dryver Client.
15.2 Use Of Information. Myryde may use the information We collect from or about You in the following ways:
To provide, maintain, and improve our Services, including, for example, to facilitate payments, send receipts, provide products and services (and send related information), develop new features, provide customersupport to Passenger Clients and dryver Clients, develop safety features, authenticate users, and send product updates and administrative messages;
To perform internal operations, including, for example, to prevent fraud and abuse of our Services; totroubleshoot software bugs and operational problems; to conduct data analysis, testing, and research; and to monitor and analyze usage and activity trends;
To send or facilitate communications (i) between You and a Passenger Client such as estimated times ofarrival (ETAs), or (ii) between You and a contact of Yours at Your direction in connection with Your use of certain features, such as referrals.
To send You communications We think will be of interest to you, including information about products,services, promotions, news, and events of Myryde and other companies, where permissible and according to local applicable laws; and to process contest, sweepstake, or other promotion entries and fulfill any related awards;
To personalize and improve the Services, including to provide or recommend features, content, social connections, referrals, and advertisements.
We may transfer the information described in this Statement to, and process and store it in, the United States and other countries, some of which may have less protective data protection laws than the region in which You reside. Where this is the case, We will take appropriate measures to protect Your personal information in accordance with this Statement.
15.2.1 Sharing Of Information. We use practices that are consistent with standards in our industry to protect Your privacy. We cannot, however, promise that Your personally identifiable information or private communications willremain private. For example, third parties may unlawfully intercept or access transmissions or private communications on our website, platform, servers or other devices. We do not sell or rent any personally identifiable information about You to any third party. In addition to the uses of personal information set forth in paragraph 15 of the Software-as-a- Service (“SaaS”) Agreement You previously executed, Myryde may use or disclose Your personally identifiable information, even if no notice is provided at the time of collection, in the following ways:
15.2.1.1 Business Purposes
With Passenger Clients in connection with their request for transportation. For instance, We may share Your name, personal photo, vehicle photo, vehicle license, vehicle make and model, precise or approximate location, average rating provided by Passenger Clients, and certain contact information (depending upon Your location and applicable laws). After You have provided the requested services, We will send thePassenger Client a receipt via e-mail or other means which may include the breakdown of amounts charged, Your name, contact information, photo, a map of the route You took, and other transaction details;
With other people, as directed by you, in connection with a particular service, offering or promotion; or with third parties to provide You a service You requested through a partnership or promotional offering made by a third party or us;
With the general public if You submit content in a public forum, such as blog comments, social media posts, or other features of our Services that are viewable by the general public;
With third parties with whom You choose to let Us share information, for example other apps or websites thatintegrate with our API or Services, or those with an API or Service with which We integrate;
With Your partner transportation company and any necessary third parties engaged by Us or the partner company, if You use the Services through an account connected to a partner transportation company.
With Myryde subsidiaries and affiliated entities that provide services or conduct data processing on our behalf, or for data centralization and / or logistics purposes;
With vendors, consultants, marketing partners, and other service providers who need access to such information to carry out work on our behalf;
With law enforcement officials, government authorities, or other third parties if We believe Your actions are inconsistent with our user agreements or policies, or to protect the rights, property, or safety of Myryde or others;
In connection with, or during negotiations of, any merger, sale of company assets, consolidation orrestructuring, financing, or acquisition of all or a portion of our business by or into another company;
If We otherwise notify You and You consent to the sharing; and
In an aggregated and/or anonymized form which cannot reasonably be used to identify you.
15.2.1.2 Law Enforcement Purposes. Subject to all applicable laws, Myryde may provide to a third party anyinformation (including personal data and any Myryde Data) about dryver Clients provided hereunder if: (a) there is acomplaint, dispute or conflict, including an accident, relating to a dryver Client; (b) it is necessary to enforce the terms of the Software-as-a-Service (“Saas”) Client Agreement; (c) it is required, in our sole discretion, by applicable law, regulation, ordinance, license, or operating agreement; (d) it is necessary, in our sole discretion, to protect the safety, rights, property, or security of Myryde or any third party; to detect, prevent or otherwise address fraud, security or technical issues; and/or to prevent or stop activity which Myryde, in its sole discretion, considers to be, or to pose a risk of being, illegal, unethical, or legally actionable.
Further, We reserve the right at all times to disclose any information about You as necessary to satisfy any applicable law, regulation, legal process, or governmental request. We reserve the right to cooperate fully with any law enforcement authorities or court orders requesting or directing Us to disclose the identity or location of anyone using our applications, website or platform or otherwise making available any materials on the Site. BY ACCEPTING THESE TERMS AND CONDITIONS, YOU WAIVE ALL RIGHTS AND AGREE TO HOLD US HARMLESS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY US DURING OR AS A RESULT OFANY INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF ANY INVESTIGATION BY EITHER US OR LAW ENFORCEMENT AUTHORITIES.
15.2.2 Social Sharing Features. The Services may integrate with social sharing features and other related tools which let You share actions You take on our Services with other software-based services, or with apps, sites, or media, and vice versa. Your use of such features enables the sharing of information with Your friends or the public, depending on the settings You establish with the social sharing service. The privacy policies of those social sharing services will apply to any information You share and You should their privacy policies for more information about how they handle the data You provide to or share through them.
15.2.3 Analytics and Advertising Services Provided by Others. We may allow third parties to provide audience measurement and analytics services for us, to serve advertisements on our behalf across the Internet, and to track and report on the performance of those advertisements. These entities may use cookies, web beacons, SDKs, and other technologies to identify Your device when You visit our site and use our Services, as well as when You visit other online sites and services.
15.2.4 Contact Information. We may also seek permission for our Service to collect and sync contact information from Your device per the permission system used by Your mobile operating system. If You initially permit the collection of this information, iOS users can later disable it by changing the contacts settings on Your mobile device. The Android operating system does not provide such a setting.
15.2.5 Promotional Communications. You may opt out of receiving promotional messages from Us by following the instructions in those messages. If You opt out, We may still send You non- promotional communications, such as those about Your account, about Services You have requested, or our ongoing business relations.
15.3 Changes to this Section. We may change this Section from time to time. If We make significant changes in the way We treat Your personal information, or to the Statement, We will provide You notice through the platform or by some other means, such as email. You will be asked to agree to any material changes by signing the notice or an addendum to Your Software-as-a- Service (“SaaS”) Client agreement.
16. ADDITIONAL CONTRACT TERMS
16.1 Notices. Myryde may give any notice required by these Terms and Conditions by means of a general notice on the Application, electronic mail to Your email address on record with Myryde, text message to Your cell phone number on record with Myryde, or by written communication sent by first class mail or pre-paid post to Your address on record with Myryde. Such notice shall be deemed to have been given upon the expiration of forty-eight (48) hours after mailing or posting (if sent by first class mail or pre-paid post) or twelve (12) hours after sending (if sent by email or text message).You may give notice to Myryde, by providing written notice sent via certified mail, return receipt requested or by a nationally recognized overnight delivery service to its designated agent for service of process.
16.2 Waiver. All waivers must be in writing and signed by the party to be charged. Any waiver or failure to enforce any provision of these Terms and Conditions on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
16.3 Execution and Delivery; Binding Effect. The parties will evidence execution and delivery of these Terms and Conditions with the intention of becoming legally bound, by accepting the Terms of Service on the Site.
16.4 Entire Agreement; Amendments. These Terms and Conditions constitute the final, complete, and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior or contemporaneous communications and understandings between the parties.
16.5 Modifications to Application. Myryde reserves the right at any time to modify or discontinue, temporarily or permanently, the Application (or any part thereof) with or without notice. You agree that Myryde shall not be liable to You or to any third party for any modification, suspension, or discontinuance of the Application.
17. Contacting Myryde. If You wish to report a violation of the Software-as-a-Service Client Agreement, have any questions or need assistance, please contact legal@Myryde.com.
18. Effective Date. These Terms and Conditions shall become effective upon Your initial access of the Myryde Application, subject to Your successful completion of any and all required background checks.
19. Force Majeure. Myryde cannot be held liable for any breach of its obligations under these Terms and Conditions due to developments beyond its control and/or resulting from a force majeure. Cases of force majeure include, in addition to cases accepted by the courts, electrical and technical problems from external parties preventing communication.