These Terms of Service and Use constitute a legally binding agreement (“Agreement”) between you and Safe Technology Inc. and its subsidiaries representatives affiliates officers and directors (collectively “Safe” “we” “us” or “our”) governing your use of Safe’s applications websites technology facilities and platform (collectively the “Safe Platform”).
NOTICE: PLEASE READ THESE TERMS CAREFULLY AS THEY CONTAIN PROVISIONS THAT GOVERN HOW YOU CAN BRING CLAIMS BETWEEN YOU AND SAFE INCLUDING THE ARBITRATION AGREEMENT STATED HEREIN. THE ARBITRATION AGREEMENT REQUIRES YOU TO RESOLVE ALL DISPUTES WITH SAFE ON AN INDIVIDUAL BASIS AND WITH LIMITED EXECPTIONS THROUGH FINAL AND BINDING ARBITRATION. THESE TERMS OUTLINE HOW SUCH CLAIMS ARE RESOLVED INCLUDING WITHOUT LIMITATION ANY CLAIMS THAT AROSE OR WERE ASSERTED BEFORE THE EFFECTIVE DATE OF THESE TERMS OF SERVICES. BY AGREEING TO THESE TERMS OF SERVICE YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD ALL OF THEM AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.
1. Safe Platform and Services: The Safe Platform is a marketplace where Drivers can connect with Riders seeking transportation services to specific destinations. Users of the Safe Platform including Drivers Riders and others are collectively referred to as "Users." The driving transportation and related services provided by Drivers through the Safe Platform are termed "Services." By using the Safe Platform you authorize Safe to match or rematch you with Drivers and Riders based on factors like location pickup requests estimated time destination user preferences ride and driver modes membership status regulatory requirements user statistics and platform efficiency. Your access or use of the Safe Platform confirms your agreement to this Agreement. If you do not agree do not access or use the Safe Platform.
NOT A COMMON OR MOTOR CARRIER: SAFE IS NOT A COMMON OR MOTOR CARRIER AND DOES NOT TRANSPORT PASSENGERS OR GOODS. GENERALLY THE SERVICES ARE ONLY OPEN TO REGISTERED USERS OF THE SERVICES AND NOT THE GENERAL PUBLIC. NONE OF THE SERVICES PROVIDED BY SAFE HEREIN ESTABLISH SAFE AS A PROVIDER OF ANYTHING OTHER THAN THE SERVICES PROVIDER. DRIVERS (AS DEFINED BELOW) ARE INDEPENDENT AND NOT ACTUAL AGENTS APPARENT AGENTS OSTENSIBLE AGENTS OR EMPLOYEE OF SAFE IN ANY WAY. ANY EFFORT FEATURE PROCESS POLICY STANDARD OR OTHER EFFORT UNDERTAKEN BY SAFE TO FACILITATE THE RECEIPT OF THE SERVICES OUTLINED HEREIN OR IN THE INTEREST OF SAFETY OR SECURITY (WHETHER REQUIRED BY APPLICABLE REGULATIONS OR NOT) IS NOT AN INDICIA OF AN EMPLOYMENT OR AGENCY RELATIONSHIP WITH ANY DRIVER OR VENDOR.
2. Termination: Safe in its sole discretion may immediately terminate this Agreement with respect to you or generally cease offering or deny access to Safe Platform or any portion thereof at any time for any reason.
3. Modification: Safe reserves the right to modify this Agreement and its policies relating to the Safe Platform at any time effective upon posting of an updated version of this Agreement through its services or the Safe website or app. You should regularly review these Agreements as your continued use of the Safe Platform after any such change constitutes your agreement to such changes. You agree that modification of this Agreement does not create a renewed opportunity to opt out of arbitration (if applicable).
4. User Accounts Contents and Conduct:
4.1 Applicability: The terms in this section apply to all account types.
4.2 User Accounts: To use the Services provided by Safe you must create and maintain an active personal user account ("Account"). Users must be at least 18 years old or the legal age of majority in their jurisdiction to obtain an Account possess only one Account and may not transfer it to others. Safe reserves the right to delete duplicate accounts. You are responsible for all Account activity and agree to safeguard your Account credentials. You must provide accurate information and may be required to verify age identity or other details to access the Service. Failure to do so may result in being denied access. By using the Services you authorize your wireless carrier to disclose account and device information to Safe for identification and fraud prevention purposes. Safe may disable or delete accounts that are unconfirmed unused inactive for an extended period or involved in unauthorized use or as required by law. Safe and its affiliates assume no liability for access loss and have no related obligations. Users may not allow minors under 18 to use the Services unsupervised. If you are a parent or guardian allowing a minor to use the Services these terms apply and you are responsible for their activity. Minors must obtain parental or guardian permission to use an Account and accept the terms. Safe may report incidents involving minors to authorities as required by law.
4.3 Communication: Users consent to receive communications from Safe its affiliated companies or Riders via written electronic or verbal means including manual dialing email prerecorded or artificial voice messages push notifications or automated telephone dialing systems for transactions related to their account and as permitted by law even if their phone number is listed on any federal or state "Do Not Call" or "Do Not Email" registry. Communications may include operational updates about their account use of the Safe Platform and related services. Additionally Safe offers the option to receive recurring promotional SMS/text messages or calls regarding new platform features marketing or promotions from Safe or its third-party partners. Consent for promotional messages is voluntary and not required for using the Safe Platform or its services. Users can opt out of emails and texts at any time by following the unsubscribed instructions provided in these messages. Users are responsible for all charges related to SMS/text messages from their wireless provider. Safe does not charge for these communication services but users will incur any applicable text messaging fees imposed by their wireless provider. Message frequency varies and message and data rates may apply. To the extent permitted by law Safe is not liable for failed delayed or misdirected delivery of information sent through these services errors in the information provided or any actions taken in reliance on this information or the communication service.
5. Driver Account:
5.1 Services Fee: This fee supports access to Ridesharing opportunities. Safe reserves the right to adjust this fee as needed. The fee may be deducted from your Earnings or charged directly to you for payment. Safe may also impose additional fees on a one-time recurring or periodic basis as required.
5.2 Background Check: Safe requires background checks for all platform providers covering criminal history driving records and relevant details. Drivers are responsible for the cost of these checks. Fees are non-refundable in cases of disqualification.
5.3 Driver Earnings: You will earn all payments for your Rideshare Services provided through Safe. Safe sets the fares for rides and once a Rider agrees to and pays these fares for your service the earnings are paid directly to you. Additionally you may receive tips from Riders surcharges collected on your behalf tolls damage charges or other incentives and bonuses based on your provision of Rideshare services.
5.4 Referral Code Earnings: As a driver you will earn $0.25 for each trip completed by a referred individual whom you have invited and who registers on the platform as a driver. To qualify for these earnings the referred individual must complete the trip while actively registered as a driver on the platform. The referral must be made through the Company’s designated referral process.
5.5 Driver Payment: Safe acts as your limited payment collection agent for payments owed to you by Riders and third parties. You agree that Safe's receipt of such payments fulfills the payer's obligation to you. Safe reserves the right to adjust or withhold all or part of your Earnings or other payments (excluding tips and where prohibited) if: (i) there's suspicion of fraud or abuse of Riders Safe or its payment systems by you; (ii) to resolve a Rider complaint; or (iii) if you end a ride at a location different from the destination submitted through the Safe App. Payments to you are without interest and net of any required withholdings by law. You acknowledge that Safe and its affiliates may advertise and market to generate demand for your Rideshare Services but such efforts do not entitle you to additional monetary compensation beyond what is expressly stated in this Agreement.
5.6 Vehicle Condition: Safe reserves the right to request documentation demonstrating the condition of your vehicle including maintenance records inspections and proof of compliance with safety standards and regulations. If your vehicle fails to meet these standards or if Safe determines in its sole discretion that your vehicle poses a safety risk or does not meet operational requirements Safe may suspend or terminate access to your driver account until the issues are rectified to Safe's satisfaction.
5.7 Relationship with Safe: As a Driver on the Safe Platform you acknowledge and agree that you are an independent contractor and not an employee of Safe. This Agreement does not establish an employment relationship and specifically disclaims any joint venture franchise partnership or agency arrangement between you and Safe. You have no authority to bind Safe and you agree not to represent yourself as an employee agent or representative of Safe. You have the discretion to provide Rideshare Services or engage in other business activities including similar services for other companies without restriction from Safe. You are solely responsible for your services actions vehicle operation and schedule on the Safe Platform. Safe does not direct or control your activities.
5.8 Expenses: The Driver acknowledges and agrees that they are solely responsible for all expenses related to the operation maintenance and upkeep of their vehicle used for providing Rideshare Services. Safe will not reimburse the Driver for any such expenses including but not limited to fuel insurance repairs maintenance depreciation or any other costs incurred in relation to the vehicle.
5.9 Zero-Tolerance Policy: Safe maintains a zero-tolerance policy regarding complaints received about Drivers. Any Driver who receives a substantiated complaint related to their conduct behavior or service provided through the Safe Platform may be subject to immediate suspension or termination of their access to the Safe Platform at Safe's sole discretion and without prior notice.
5.10 Representation and Warranties: By providing Rideshare Services as a Driver on the Safe Platform you represent warrant and agree that: (i) You possess a valid driver’s license and are authorized and medically fit to operate a motor vehicle holding all necessary licenses approvals and authority to provide transportation across all jurisdictions served; (ii) you affirm ownership or legal right to operate your vehicle ensuring it meets industry safety standards and all applicable statutory and state department of motor vehicle requirements with any safety recalls addressed per manufacturer instructions; (iii) you commit to safe driving practices and refrain from operating an unsafe vehicle or allowing unauthorized passengers and abstain from driving under the influence of alcohol or drugs; (iv) you agree to use only Safe-approved vehicles and limit passengers to those securely seated not exceeding seven (7); (v) you will not act as a public or common carrier accept street hails demand cash payments or use unauthorized payment methods like credit card readers; (vi) you pledge honesty and will not discriminate against Riders with any disability; (vii) cooperate in providing information for background checks and incident investigations as required by Safe; (viii) Maintain valid liability insurance in coverage amounts consistent with all legal requirements and you agree to provide proof of such information upon Safe’s request; (ix) you will pay all applicable federal state and local taxes associated with any payments received by you as an independent contractor and (x) you will comply with Safe’s request to provide information in connection with Rider complains law enforcement requests disputes or as otherwise required.
6. Rider Account:
6.1 Charges: As a Rider on the Safe Platform you acknowledge that your use of the Safe Platform and associated Services may incur charges ("Charges"). Charges include the Driver’s Fare additional fees such as tolls surcharges taxes and any tips you choose to give the Driver. Safe does not charge a fee for accessing the platform but reserves the right to impose Charges for using Safe Services Rideshare Services or Third-Party Services available through the platform. Specific Charges include:
6.2 Driver’s Fare: Determined by Safe based on factors like destination time distance pick-up location and wait time.
6.3 Service Fee: A fee determined solely by Safe for each rideshare.
6.4 Cancellation Fee: Applicable if you a Rider cancels a ride after requesting it or fails to show up.
6.5 Damage Fee: If a Driver reports that you have materially damaged a Driver’s vehicle you agree that Safe may automatically charge you a “Damage Fee” of up to $250 depending on the extent of the damage (as determined by Safe in its sole discretion) towards vehicle repair or cleaning. Safe reserves the right (but is not obligated) to verify or otherwise require documentation of damages prior to processing the Damage Fee.
6.6 Abuse Fee: If we receive a credible report that you have misused or abused the Safe Platform you agree that Safe may automatically charge you an “Abuse Fee” of up to $500 as determined by Safe in its sole Discretion. Safe reserves the right (but is not obligated) to verify or otherwise require documentation or abuse prior to processing the Abuse Fee.
6.7 Tolls: You may be charged tolls toll estimates or return tolls as they apply to your ride. Safe does not guarantee that the amount charged by Safe will match the toll charged to the Driver if any.
6.8 Other Charges: Other fees and surcharges may apply to your ride including but not limited to actual or anticipated airport fees state fees local fees event fees fuel surcharges wait time fees or distance surcharges as determined by Safe or its partners. In addition where required by law Safe will collect applicable taxes.
6.9 Tips: Following a ride you may have the opportunity to elect to tip your Driver in cash or through the Safe Platform. You may also elect to set a default tip amount or percentage through the Safe Platform. Any tips will be provided entirely to the applicable Driver.
6.10 Payment Processing Fees: All Charges are processed through a third-party payment processor and you agree to pay any applicable payment processing fees. Safe reserves the right to change the payment processor without prior notice. Except for tips cash payments are strictly prohibited unless explicitly authorized by Safe. Your payment of Charges to Safe fulfills your financial obligation for using the Safe Platform and the related Services. Charges may be grouped into a single transaction based on your selected payment frequency settings. If your primary payment method is expired invalid or cannot be processed you authorize Safe to charge any other available payment methods on the Safe Platform. Review your ride receipts and payment history to verify transactions.
6.11 No Refunds: All Charges are non-refundable except to the extent required by law. This no-refund policy shall always apply regardless of your decision to terminate usage of the Safe Platform any disruption to the Safe Platform Safe Services Third-Party Services or Rideshare Services or any other reason whatsoever.
6.12 Payment Card Authorization: Upon adding a new payment method or each request for Services Safe may authorize your selected payment method to verify its validity ensure sufficient funds to cover Charges and prevent unauthorized activity. This authorization does not constitute a charge but may temporarily reduce your available credit by the authorized amount until your bank’s next processing cycle. If our authorization exceeds your account balance your issuing bank may impose overdraft or Not Sufficient Fund (NSF) fees. Safe is not liable for these charges and cannot assist in their recovery from your bank.
6.13 Referral Code Earnings: As a Rider you will earn $0.25 for each trip completed by a referred individual whom you have invited and who registers on the platform as a driver. To qualify for these earnings the referred individual must complete the trip while actively registered as a driver on the platform. The referral must be made through the Company’s designated referral process.
7. Dispute Resolution:
7.1 Application: This Article supersedes any rules governing mediation or arbitration under the law of any jurisdiction.
7.2 Resolving Disputes: Safe and any User shall use the procedure outlined in this Section to resolve any dispute contest or claim that arises between them that may relate to this Agreement. However in accordance with federal law and at the option of the User claims made by the User related to sexual assault tor sexual harassment may be resolved but need not be using procedures outlined in this Section. The purpose of the alternative dispute resolution procedures of this Section is to resolve disputes contests and claims without litigation.
7.3 Informal Resolution: Before starting arbitration or any legal proceeding you and Safe agree to resolve any dispute claim or controversy informally for 30 days unless mutually extended. To initiate this process a party must first send a written notice describing the claim's nature and basis as well as the relief sought. All communications during negotiations including offers conduct and statements are confidential and cannot be used as evidence in any arbitration or other legal proceeding except where otherwise admissible or discoverable.
7.4 Arbitration Agreement: By agreeing to these Terms you agree to resolve any claims you have against Safe through binding arbitration on an individual basis. Arbitration is a process where disputes are decided by arbitrators not in court. By opting for arbitration both you and Safe choose a private way to settle disputes and agree to abide by the arbitrator’s decision instead of going to court. You give up your right to a jury trial. This Agreement prohibits you from bringing or participating in any class collective coordinated consolidated mass and/or representative action against Safe and from seeking relief in such actions brought by others unless stated otherwise. The arbitrator cannot conduct class collective coordinated consolidated mass and/or representative arbitration or combine claims of multiple individuals against Safe. This Agreement excludes you from initiating or joining any form of group multi-plaintiff or joint action against Safe except in a class-wide collective coordinated consolidated mass and/or representative settlement of claims.
7.5 Covered Disputes: You and Safe agree that any dispute claim or controversy arising from: (i) these Terms or previous versions thereof including their existence breach termination enforcement interpretation scope waiver or validity; (ii) your access to or use of the Services; (iii) incidents or accidents resulting in personal injury or death alleged to have occurred in connection with your use of the Service (including the Safe Marketplace Platform or the Safe App or website) regardless of when the dispute arose or who experienced the injury or death; and (iv) your relationship with Safe will be resolved through binding individual arbitration between you and Safe not in court. This Arbitration Agreement remains valid after your relationship with Safe ends.
7.6 Class Action Wavier: All disputes claims or controversies between the parties shall be resolved solely through individual arbitration. The parties explicitly waive the right to resolve any dispute claim or controversy as a class collective coordinated consolidated and/or representative action and no arbitrator or arbitration provider shall have authority to hear or administer such actions or to grant relief to anyone other than the individual claimant in arbitration. The parties also waive the right to seek or obtain non-individual relief. Notwithstanding any provision to the contrary in this agreement this Class Action Waiver does not prevent either party from participating in a class-wide collective and/or representative settlement of claims. The parties further agree that if a claim proceeds in court for any reason this Class Action Waiver shall remain in effect and no court shall consolidate the claims of multiple individuals against Safe into a single proceeding except as permitted in a class-wide collective and/or representative settlement of claims. In the event of a final judicial determination that any portion of this Class Action Waiver is unenforceable or unlawful (i) any class collective coordinated consolidated and/or representative claims affected by the unenforceable or unlawful portion(s) shall proceed in a court of competent jurisdiction; (ii) the enforceable portion of the Class Action Waiver shall be enforced in arbitration; (iii) the unenforceable or unlawful portion(s) shall be severed from this Arbitration Agreement; and (iv) severance of the unenforceable or unlawful portion(s) shall not affect the enforceability applicability or validity of the Arbitration Agreement or the arbitrability of any remaining claims asserted by either party.
7.7 Rules Governing Arbitration: Any arbitration conducted pursuant to this Arbitration Agreement shall be administered by the American Arbitration Association (“AAA”) pursuant to its Consumer Arbitration rules that are in effect at the time the arbitration is initiated as modified by the terms set forth in this Agreement. Upon mutual agreement between the parties the parties may agree to use a different set of AAA rules but at no point can the arbitrator consolidate more than one person’s Claims or otherwise preside over any form of representative collective or class proceeding. The parties will have the opportunity for reasonable discover of non-privileged information that is relevant to the Claim. The arbitrator may award individualized remedies available in court and may grant declaratory or injunctive relief only to the extent necessary to resolve individual Claims. The arbitrator will issue a written decision explaining the award findings and conclusions deciding all Claims according to applicable law and respecting legal privileges. The arbitrator's decision is final and binding and judgment on it may be entered in any court with jurisdiction subject to challenge in a court of competent jurisdiction.
7.8 Location and Manner of Arbitration: Unless otherwise agreed toby and between the parties any arbitration hearings between Safe and a Rider or Driver will take place in the county in which the Ridesharing Service was provided. The arbitration hearings will take place in the nearest available location for an AAA arbitration assuming AAA arbitration is unavailable in your county. Your right to a hearing will be determined by AAA rules.
7.9 Binding Effect; Third-Party Beneficiaries: This Arbitration Agreement shall be binding upon and shall include any claims brought by or against any third parties including but not limited to your spouses heirs third-party beneficiaries and permitted assigns where their underlying claim(s) arise out of or relate to your use of the Safe Platform Safe Services or Rideshare Services. To the extent that any third-party beneficiary to this Agreement brings claims against a party those claims shall also be subject to this Arbitration Agreement.
8. Intellectual Property Rights: Safe's trademarks trade names logos and other intellectual property integrated into the App are the exclusive property of Safe Technology Inc. or its licensors protected by copyright trademark trade secret and other intellectual property laws. Unauthorized copying or distribution of any material illustrations photographs videos or content from the App is strictly prohibited. Any use that infringes upon these intellectual property rights is also prohibited. Safe reserves the right at its sole discretion to remove any content or take necessary actions to safeguard its rights. Subject to your compliance with this Agreement Safe grants you a limited non-exclusive non-sublicensable revocable non-transferable license to (i) access the Safe App or website solely for using the Services on your personal device and (ii) access and use any content information and related materials available through the Services solely for your personal non-commercial use.
9. Disclaimers; Limitation of Liability; and Indemnity:
9.1 Disclaimers: THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” SAFE DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES EXPRESS IMPLIED OR STATUTORY NOT EXPRESSLY SET OUT IN THESE TERMS INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION SAFE MAKES NO REPRESENTATION WARRANTY OR GUARANTEE REGARDING THE RELIABILITY TIMELINESS QUALITY SUITABILITY OR AVAILABILITY OF THE SERVICES OR ANY SERVICES OR GOODS REQUESTED THROUGH THE USE OF THE SERVICES OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SAFE DOES NOT GUARANTEE THE QUALITY SUITABILITY SAFETY OR ABILITY OF THIRD-PARTY PROVIDERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES AND ANY SERVICE OR GOOD REQUESTED OR OBTAINED FROM THIRD-PARTY PROVIDERS IN CONNECTION THEREWITH REMAINS SOLELY WITH YOU TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. SAFE DOES NOT CONTROL MANAGE OR DIRECT ANY THIRD-PARTY PROVIDERS. THIRD-PARTY PROVIDERS ARE NOT ACTUAL AGENTS APPARENT AGENTS OSTENSIBLE AGENTS OR EMPLOYEES OF SAFE. IF A DISPUTE ARISES BETWEEN YOU AND OR ANY OTHER THIRD PARTY YOU RELEASE SAFE FROM LOSSES OF EVERY KIND AND NATURE KNOWN AND UNKNOWN SUSPECTED AND UNSUSPECTED DISCLOSED AND UNDISCLOSED ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES. SAFE DOES NOT CONTROL ENDORSE OR TAKE RESPONSIBILITY FOR ANY USER CONTENT OR THIRD-PARTY CONTENT AVAILABLE ON OR LINKED TO BY THE SERVICES. SAFE CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SAFE’S USE OF ALGORITHMS IN AN ATTEMPT TO PROVIDE SERVICES OR IMPROVE THE EXPERIENCE OF USERS AND THE SECURITY AND SAFETY OF THE SERVICES DOES NOT CONSTITUTE A GUARANTEE OR WARRANTY OF ANY KIND EXPRESSED OR IMPLIED.
9.2 Limitation of Liability: SAFE SHALL NOT BE LIABLE FOR INDIRECT INCIDENTAL SPECIAL EXEMPLARY PUNITIVE OR CONSEQUENTIAL DAMAGES INCLUDING LOST PROFITS LOST DATA PERSONAL INJURY OR DEATH OR PROPERTY DAMAGE RELATED TO IN CONNECTION WITH OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES REGARDLESS OF THE NEGLIGENCE (EITHER ACTIVE AFFIRMATIVE SOLE OR CONCURRENT) OF SAFE EVEN IF SAFE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SAFE SHALL NOT BE LIABLE FOR ANY DAMAGES LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD-PARTY PROVIDER EVEN IF SAFE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SAFE SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND SAFE 'S REASONABLE CONTROL. YOU ACKNOWLEDGE THAT THIRD-PARTY PROVIDERS PROVIDING TRANSPORTATION SERVICES REQUESTED THROUGH SOME SAFE SERVICES MAY OFFER RIDESHARING OR PEER-TO-PEER TRANSPORTATION SERVICES AND MAY NOT BE PROFESSIONALLY LICENSED OR PERMITTED. YOU ACKNOWLEDGE THAT THIRD-PARTY PROVIDERS ARE NOT OSTENSIBLE AGENTS APPARENT AGENTS ACTUAL AGENTS OR EMPLOYEES OF SAFE. THE SERVICES MAY BE USED BY YOU TO REQUEST AND SCHEDULE TRANSPORTATION GOODS OR LOGISTICS SERVICES WITH THIRD-PARTY PROVIDERS BUT YOU AGREE THAT SAFE HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY TRANSPORTATION GOODS OR LOGISTICS SERVICES PROVIDED TO OR NOT PROVIDED TO YOU BY THIRD-PARTY PROVIDERS OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS. SAFE SHALL NOT BE LIABLE FOR ANY DAMAGES LIABILITY OR LOSSES ARISING OUT OF LACK OF OR IMPROPER INSTALLATION OR USE OF CHILD RESTRAINT SYSTEMS FOR GUESTS ON RIDES REQUESTED THROUGH THE SERVICES FOR WHOM A CHILD RESTRAINT SYSTEM IS LEGALLY REQUIRED. THE LIMITATIONS AND DISCLAIMERS IN THIS SECTION DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES IN SUCH STATES OR JURISDICTIONS SAFE’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. THIS PROVISION SHALL HAVE NO EFFECT ON SAFE’S CHOICE OF LAW PROVISION SET FORTH BELOW.
9.3 Indemnity: You agree to indemnify and hold Safe and its affiliates and their officers directors employees and agents harmless from and against any and all actions claims demands losses liabilities costs damages and expenses (including attorneys’ fees) arising out of or in connection with: (i) your use of the Services; (ii) your breach or violation of any of these Terms; (iii) Safe 's use of your User Content; (iv) your violation of the rights of any third party including Third-Party Providers; (v) bodily injury death of any person or damage to real or tangible personal property resulting from an act or omission; (vi) a breach of any representation warranty or obligation under this agreement; and (vii) all taxes or contributions including penalties and interest attributable to a Drive or Vendor Association.
10. Confidentiality: You agree not to use or disclose any confidential information about Safe's business operations properties or information about Users (including names pick-up locations contact details and photos) for any purpose other than as permitted under this Agreement. You must not share Safe's confidential information with third parties or store it outside the Safe Platform. As a Driver you acknowledge that some of this information may be protected by federal and/or state confidentiality laws such as HIPAA. You must not disclose a Rider's identity or pick-up/drop-off location as this could violate HIPAA. Any breach of these confidentiality obligations may result in civil or criminal penalties. You agree to take reasonable steps to protect Safe's confidential information from disclosure or unauthorized use except where such information: was already in the public domain; was known to you before disclosure; is disclosed with Safe's prior written consent; is obtained from a source not breaching confidentiality obligations; or is required to be disclosed by law in which case you must promptly notify Safe to allow it to seek protective measures.
11. Choice of Law: This Agreement and any disputes arising from the use of the Safe Platform are governed by and construed according to the laws of the State of Florida. Each party agrees to submit to the courts of the State of Florida and that the State of Florida has personal jurisdiction over the matter.
12. Severability: If any portion of these Terms is deemed unenforceable void or invalid for any reason the remaining provisions of these Terms will remain unaffected and will not be considered unenforceable void or invalid. They will maintain the full force of law to the extent possible.
If you have any questions comments or concerns about these Terms or our services please contact us via email at contact@safetechnologygroup.com.
Effective Date: July 23 2024