Last Updated: January 16, 2023
These Terms of Service constitute a legally binding agreement (the “Agreement”) between you and BLYNKR TECHNOLOGIES LLC, Inc., its parents, subsidiaries, representatives, affiliates, officers and directors (collectively, “BLYNKR TECHNOLOGIES LLC,” “we,” “us” or “our”) governing your use of the BLYNKR TECHNOLOGIES LLC applications, websites, technology, facilities, and platform (collectively, the “BLYNKR TECHNOLOGIES LLC Platform”).
By entering into this Agreement, and/or by using or accessing the BLYNKR TECHNOLOGIES LLC Platform, you expressly acknowledge that you understand this Agreement (including the dispute resolution and arbitration provisions in Section 17) and accept all of its terms. If you do not agree to be bound by the terms and conditions of this agreement you cannot use our platform.
The BLYNKR TECHNOLOGIES LLC Platform provides a marketplace where, among other things, persons who seek transportation to certain destinations (“Riders”) can be matched with transportation options to such destinations. One option for Riders is to request a ride from rideshare drivers who are driving to or through those destinations (“Drivers”). Drivers, Riders, and any other individuals, excluding any Excluded Individuals, using the BLYNKR TECHNOLOGIES LLC Platform are collectively referred to herein as “Users,” and the driving services provided by Drivers to Riders, and other transportation related services provided by Drivers in connection with the BLYNKR TECHNOLOGIES LLC Platform, shall be referred to herein as “Rideshare Services.” “BLYNKR TECHNOLOGIES LLC Services” shall include any service provided by BLYNKR TECHNOLOGIES LLC pursuant to the BLYNKR TECHNOLOGIES LLC Platform (for clarity, BLYNKR TECHNOLOGIES LLC Services does not include Rideshare Services or Third-Party Services). As a User, you authorize BLYNKR TECHNOLOGIES LLC to match and/or rematch you with Drivers or Riders based on factors such as your location, the requested pickup location, the estimated time to pickup, your destination, User preferences, ride mode, driver mode, membership status, regulatory or other third-party requirements, user statistics, and platform efficiency, and to cancel an existing match based on the same or other considerations. Any decision by a User to offer or accept
Rideshare Services is a decision made in such User’s sole discretion. A separate agreement is formed between Drivers and Riders when the Rider accepts the Rideshare Services offered by the Driver.
BLYNKR TECHNOLOGIES LLC reserves the right to modify the terms and conditions of this Agreement, and such modifications shall be binding on you only upon your acceptance of the modified Agreement. Continued use of the BLYNKR TECHNOLOGIES LLC Platform after any such changes shall constitute your acceptance of such changes. Unless material changes are made to the arbitration provisions herein, you agree that modification of this Agreement does not create a renewed opportunity to opt out of arbitration (if applicable).
The BLYNKR TECHNOLOGIES LLC Platform may only be used by individuals who have the right and authority to enter into this Agreement and are fully able and competent to satisfy the terms, conditions, and obligations herein. The BLYNKR TECHNOLOGIES LLC Platform is not available to Users who have had their User account temporarily or permanently deactivated. You may not allow other persons to use your User account, you agree that you are the sole authorized user of your User account, and you may not use your User account on behalf of any third party, except as otherwise expressly permitted by BLYNKR TECHNOLOGIES LLC. To use the BLYNKR TECHNOLOGIES LLC Platform, each User shall create a User account. Each person may only create one User account, and BLYNKR TECHNOLOGIES LLC reserves the right to deactivate any additional or duplicate accounts. Your participation in certain BLYNKR TECHNOLOGIES LLC programs and use of certain BLYNKR TECHNOLOGIES LLC services may be subject to additional eligibility requirements as determined by BLYNKR TECHNOLOGIES LLC. By becoming a User, you represent and warrant that you are at least 18 years old.
As a User, you understand that request or use of Rideshare Services, BLYNKR TECHNOLOGIES LLC Services, or Third-Party Services may result in charges (“Charges”) to you and/or to an organization, if applicable. Charges to Riders and/or organizations, if applicable, for Rideshare Services include Fares (defined below) and other applicable fees, tolls, surcharges, and taxes, plus any tips to the Driver that you elect to pay. BLYNKR TECHNOLOGIES LLC has the authority and reserves the right to determine and modify pricing by posting applicable pricing terms to your market’s BLYNKR TECHNOLOGIES LLC Cities Page or quoting you a price for a specific ride at the time you make a request. Pricing may vary based on the type of service you request (e.g., shared, economy, extra seats, luxury) as described on your market’s BLYNKR TECHNOLOGIES LLC Cities Page or within the BLYNKR TECHNOLOGIES LLC Platform. You are responsible for reviewing the applicable BLYNKR TECHNOLOGIES LLC Cities Page or price quote within the BLYNKR TECHNOLOGIES LLC Platform and shall be responsible for all Charges incurred under your User account regardless of your awareness of such Charges or the amounts thereof.
There are two types of Fares, quoted and variable. • Quoted Fares. When you make a ride request using the BLYNKR TECHNOLOGIES LLC
Platform, BLYNKR TECHNOLOGIES LLC will quote you a Fare at the time of your request. The quote is subject to change until the ride request is confirmed. If your final destination is not the same as the destination in your ride request, or the time or distance of your ride differs substantially from your quoted fare, or if you attempt to abuse the BLYNKR TECHNOLOGIES LLC Platform, we may, at BLYNKR TECHNOLOGIES LLC’s sole discretion and determination, cancel the fare quote and charge you a variable fare as described below. BLYNKR TECHNOLOGIES LLC does not guarantee that the quoted fare price will be equal to a variable fare for the same ride. Quoted fares may include the Rideshare Service Fees and Other Charges below, as applicable. • Variable Fares. Variable fares consist of a base charge and incremental charges based on the time and distance of your ride. For particularly short rides, minimum fares may apply. Please note that we use GPS data from your Driver’s phone to calculate the distance traveled on your ride. We cannot guarantee the availability or accuracy of GPS data. If we lose signal, we will calculate time and distance using available data from your ride. In addition to the variable fare, the total cost of your ride may include the Rideshare Service Fees and Other Charges below, as applicable.
• Service Fee. BLYNKR TECHNOLOGIES LLC may charge a “Service Fee” for each ride, as set forth on the applicable BLYNKR TECHNOLOGIES LLC Cities Page.
• Prime Time. At certain times, including times of high demand for Rideshare Services (“Prime Time”), you acknowledge that Charges may increase substantially. For quoted fares, we may factor Prime Time increases into the quoted price of the ride.
• Priority Pickup and Wait & Save. In some cases, you may be able to select an expected pick up that is faster or slower than standard for a higher or lower Fare, respectively.
• Cancellation Fee. After requesting a ride you may cancel it through the BLYNKR TECHNOLOGIES LLC Platform, but note that in certain cases a cancellation fee may apply. BLYNKR TECHNOLOGIES LLC may also charge a fee if you fail to show up after requesting a ride.
• Damage Fee. If a Driver reports that you have materially damaged the Driver’s vehicle, you agree to pay a “Damage Fee” of up to $250 depending on the extent of the damage (as determined by BLYNKR TECHNOLOGIES LLC in its sole discretion), towards vehicle repair
or cleaning. BLYNKR TECHNOLOGIES LLC reserves the right (but is not obligated) to verify or otherwise require documentation of damages prior to processing the Damage Fee.
• Abuse Fee. If we receive a credible report that you have misused or abused the BLYNKR TECHNOLOGIES LLC Platform, you agree to pay an “Abuse Fee” of up to $250 as determined by BLYNKR TECHNOLOGIES LLC in its sole discretion. BLYNKR TECHNOLOGIES LLC reserves the right (but is not obligated) to verify or otherwise require documentation of abuse prior to processing the Abuse Fee.
• Tolls. In some instances tolls, toll estimates, or return tolls may apply to your ride. Please see our Help Center and your market’s BLYNKR TECHNOLOGIES LLC Cities Page for more information about toll charges. We do not guarantee that the amount charged by BLYNKR TECHNOLOGIES LLC will match the toll charged to the Driver, if any.
• 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 BLYNKR TECHNOLOGIES LLC or its
• Tips. Following a ride, you may have the opportunity to elect to tip your Driver in cash or through the BLYNKR TECHNOLOGIES LLC Platform. You may also elect to set a default tip amount or percentage through the BLYNKR TECHNOLOGIES LLC Platform. Any tips will be provided entirely to the applicable Driver.
Facilitation of Charges. All Charges are facilitated through a third-party payment processor. BLYNKR TECHNOLOGIES LLC may replace its third-party payment processor without notice to you. Your payment of Charges to BLYNKR TECHNOLOGIES LLC satisfies your payment
obligation for your use of the BLYNKR TECHNOLOGIES LLC Platform, BLYNKR TECHNOLOGIES LLC Services, Third-Party Services, and Rideshare Services. Certain Charges may be collectively billed as a single purchase transaction to your selected payment method based on the payment frequency indicated in your settings. If your primary payment method expires, is invalid, or if Charges to your primary payment method are unable to be processed for whatever reason, then you agree that BLYNKR TECHNOLOGIES LLC may charge your other available payment methods in the BLYNKR TECHNOLOGIES LLC Platform. If you don’t recognize a transaction, then check your ride receipts and payment history.
• No Refunds. All Charges are non-refundable except to the extent required by law. This norefund policy shall apply at all times regardless of your decision to terminate usage of the BLYNKR TECHNOLOGIES LLC Platform, any disruption to the BLYNKR TECHNOLOGIES LLC Platform, BLYNKR TECHNOLOGIES LLC Services, Third-Party Services, or Rideshare Services, or any other reason whatsoever.
• Coupons. You may receive coupons, credits, discounts, or other promotions (collectively, “Coupons”) that you can apply toward payment of certain Charges. Coupons are valid only for use on the BLYNKR TECHNOLOGIES LLC Platform, and are not transferable or redeemable for cash except as required by law.
• Payment Card Authorization. Upon addition of a new payment method or each request for BLYNKR TECHNOLOGIES LLC Services, Rideshare Services, or Third-Party Services, BLYNKR TECHNOLOGIES LLC may seek authorization of your selected payment method to verify the payment method, ensure the Charges will be covered, and protect against unauthorized behavior. The authorization is not a charge, however, it may reduce your available credit by the authorization amount until your bank’s next processing cycle. Should the amount of our authorization exceed the total funds on deposit in your account, you may be subject to overdraft of NSF charges by the bank issuing your debit or prepaid card. BLYNKR TECHNOLOGIES LLC is not responsible for these charges and is unable to assist you in recovering them from your issuing bank.
By entering into this Agreement or using the BLYNKR TECHNOLOGIES LLC Platform, you agree to receive communications from us, our affiliates, or our third-party partners, at any of the phone numbers provided to BLYNKR TECHNOLOGIES LLC by you or on your behalf, and also via email, text message, calls, and push notifications. You agree that texts, calls or prerecorded messages may be generated by automatic telephone dialing systems. Communications from BLYNKR TECHNOLOGIES LLC, its affiliated companies and/or Drivers may include but are not limited to: operational communications concerning your User account or use of the BLYNKR TECHNOLOGIES LLC Platform, BLYNKR TECHNOLOGIES LLC Services, Third-Party Services or Rideshare Services, updates concerning new and existing features on the BLYNKR TECHNOLOGIES LLC Platform, communications concerning marketing or promotions run by us or our third-party partners, and news concerning BLYNKR TECHNOLOGIES LLC and industry developments. If you change or deactivate the phone number you provided to BLYNKR
TECHNOLOGIES LLC, you agree to update your User account information to help prevent us from inadvertently communicating with anyone who acquires your old number. Standard text messaging charges applied by your cell phone carrier will apply to text messages we send. You can opt out of promotional emails at any time by using the unsubscribe options with our emails.
Your Information is any information you provide, publish or post, and any information provided on your behalf, to or through the BLYNKR TECHNOLOGIES LLC Platform (including any profile information you provide) or send to other Users (including via in-application feedback, any email feature, or through any BLYNKR TECHNOLOGIES LLC-related Facebook, Twitter or other social media posting) (your
BLYNKR TECHNOLOGIES LLC, at its sole discretion, may make available promotions, referral programs and loyalty programs with different features to any Users or prospective Users. BLYNKR TECHNOLOGIES LLC reserves the right to withhold or deduct credits or benefits obtained through a promotion or program in the event that BLYNKR TECHNOLOGIES LLC determines or believes that the redemption of the promotion or receipt of the credit or benefit was in error, fraudulent, illegal, or in violation of the applicable promotion or program terms or this Agreement. BLYNKR TECHNOLOGIES LLC reserves the right to terminate, discontinue, modify or cancel any promotions or programs at any time and in its sole discretion without notice to you.
With respect to your use of the BLYNKR TECHNOLOGIES LLC Platform, BLYNKR TECHNOLOGIES LLC Services, Third-Party Services, and your participation in the Rideshare Services, you agree that you will not:
a. impersonate any person or entity;
b. stalk, threaten, or otherwise harass any person, or carry any weapons;
c. violate any law, statute, rule, permit, ordinance or regulation;
d. interfere with or disrupt the BLYNKR TECHNOLOGIES LLC Platform or the servers or networks connected to the BLYNKR TECHNOLOGIES LLC Platform;
e. post Information or interact on the BLYNKR TECHNOLOGIES LLC Platform, BLYNKR TECHNOLOGIES LLC Services, Third-Party Services, or Rideshare Services in a manner which is fraudulent, libelous, abusive, obscene, profane, sexually oriented, harassing, or illegal;
f. use the BLYNKR TECHNOLOGIES LLC Platform in any way that infringes any third party’s rights, including: intellectual property rights, copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
g. post, email or otherwise transmit any malicious code, files or programs designed to interrupt, damage, destroy or limit the functionality of the BLYNKR TECHNOLOGIES LLC Platform or any computer software or hardware or telecommunications equipment or surreptitiously intercept or expropriate any system, data or personal information;
h. forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the BLYNKR TECHNOLOGIES LLC Platform;
i. “frame” or “mirror” any part of the BLYNKR TECHNOLOGIES LLC Platform, without our prior written authorization or use meta tags or code or other devices containing any reference to us in order to direct any person to any other website for any purpose;
j. modify, adapt, translate, reverse engineer, decipher, decompile or otherwise disassemble any portion of the BLYNKR TECHNOLOGIES LLC Platform;
k. rent, lease, lend, sell, redistribute, license or sublicense the BLYNKR TECHNOLOGIES LLC Platform or access to any portion of the BLYNKR TECHNOLOGIES LLC Platform;
l. use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, scrape, “data mine”, copy, access, acquire information, generate impressions or clicks, input or store information, search, monitor any portion of the BLYNKR TECHNOLOGIES LLC Platform, or in any way reproduce or circumvent the navigational structure or presentation of the BLYNKR TECHNOLOGIES LLC Platform or its contents;
m. link directly or indirectly to any other websites;
n. transfer, lend, or sell your User account, password and/or identification, or any other User’s Information to any other party;
o. use a false email address or other identifying information, impersonate or misrepresent any person or entity, or your affiliation with any person or entity, or otherwise omit, misrepresent, or mislead as to the origin or source of any entity accessing the BLYNKR TECHNOLOGIES LLC
p. discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity or expression, physical or mental disability, medical condition, marital status, age or sexual orientation;
q. commercialize the Rideshare Services, Third-Party Services, or our BLYNKR TECHNOLOGIES LLC Services without an agreement directly with BLYNKR TECHNOLOGIES LLC;
r. misuse or abuse the Rideshare Services, Third-Party Services, or our BLYNKR TECHNOLOGIES LLC Services in violation of eligibility requirements as determined by BLYNKR TECHNOLOGIES
s. circumvent any measures implemented by BLYNKR TECHNOLOGIES LLC to prevent or address violations of this Agreement; or
t. cause any third party to engage in the restricted activities above.
By providing Rideshare Services as a Driver on the BLYNKR TECHNOLOGIES LLC Platform, you represent, warrant, and agree that:
a. You possess a valid driver’s license and are authorized and medically fit to operate a motor vehicle and have all appropriate licenses, approvals and authority to provide transportation to Riders in all jurisdictions in which you provide Rideshare Services.
b. You own, or have the legal right to operate, the vehicle you use when providing Rideshare Services; such vehicle is in good operating condition and meets the industry safety standards and all applicable statutory and state department of motor vehicle requirements for a vehicle of its kind; and any and all applicable safety recalls have been or will be remedied per manufacturer instructions.
c. You will not engage in reckless behavior while driving or otherwise providing Rideshare Services, drive unsafely, operate a vehicle that is unsafe to drive, permit an unauthorized third party to accompany you in the vehicle while providing Rideshare Services, provide Rideshare Services as a Driver while under the influence of alcohol or drugs, or take action that harms or threatens to harm the safety of the BLYNKR TECHNOLOGIES LLC community or third parties.
d. You will only provide Rideshare Services using the vehicle that has been reported to, and approved by BLYNKR TECHNOLOGIES LLC, and you will not transport more passengers than can securely be seated in such vehicle (and no more than seven (7) passengers in any instance).
e. You will not, while providing the Rideshare Services, operate as a public or common carrier or taxi service, accept street hails, charge for rides (except as expressly provided in this Agreement), demand that a rider pay in cash, or use a credit card reader, such as a Square
Reader, to accept payment or engage in any other activity in a manner that is inconsistent with your obligations under this Agreement.
f. You will not attempt to defraud BLYNKR TECHNOLOGIES LLC or Riders on the BLYNKR TECHNOLOGIES LLC Platform or in connection with your provision of Rideshare Services. If we suspect that you have engaged in fraudulent activity we may withhold applicable Fares or other
payments for the ride(s) in question and take any other action against you available under the law.
g. You agree that we may obtain information about you, including your criminal and driving records, and you agree to provide any further necessary authorizations to facilitate our access to such records during the term of the Agreement.
h. You have a valid policy of liability insurance (in coverage amounts consistent with all applicable legal requirements) that names or schedules you for the operation of the vehicle you use to provide Rideshare Services, and you agree to provide proof of such insurance and that information regarding such insurance may be released to BLYNKR TECHNOLOGIES LLC upon BLYNKR TECHNOLOGIES LLC’s reasonable request.
i. You will pay all applicable federal, state and local taxes based on your provision of Rideshare Services and any payments received by you.
j. You will comply with BLYNKR TECHNOLOGIES LLC’s reasonable requests to provide information in connection with Rider complaints, law enforcement requests, or any other incident.
All intellectual property rights in and to the BLYNKR TECHNOLOGIES LLC Platform shall be owned by BLYNKR TECHNOLOGIES LLC absolutely and in their entirety. These rights include database rights, inventions and patentable subject-matter, patents, copyright, design rights (whether registered or unregistered), trademarks (whether registered or unregistered) and other similar rights wherever existing in the world together with the right to apply for protection of the same. All other trademarks, logos, service marks, company or product names set forth in the BLYNKR TECHNOLOGIES LLC Platform are the property of their respective owners. You acknowledge and agree that any questions, comments,
suggestions, ideas, feedback or other information (“Submissions”) provided by you to us are nonconfidential and shall become the sole property of BLYNKR TECHNOLOGIES LLC. BLYNKR TECHNOLOGIES LLC shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you. Except for the explicit license grants hereunder, nothing in this Agreement shall be construed to transfer ownership of or grant a license under any intellectual property rights
The following disclaimers are made on behalf of BLYNKR TECHNOLOGIES LLC, our affiliates, subsidiaries, parents, successors and assigns, and each of our respective officers, directors, employees, agents, and shareholders. BLYNKR TECHNOLOGIES LLC does not provide transportation services, and BLYNKR TECHNOLOGIES LLC is not a transportation carrier. BLYNKR TECHNOLOGIES LLC is not a common carrier or public carrier. It is up to the Driver to decide whether or not to offer a ride to a Rider contacted through the BLYNKR TECHNOLOGIES LLC Platform, and it is up to the Rider to decide whether or not to accept a ride from any Driver contacted through the BLYNKR TECHNOLOGIES LLC Platform. We cannot
ensure that a Driver or Rider will complete an arranged transportation service. We have no control over the quality or safety of the transportation that occurs as a result of the Rideshare Services. Any safetyrelated feature, process, policy, standard, or other effort undertaken by BLYNKR TECHNOLOGIES LLC is not an indication of any employment or agency relationship with any User. The BLYNKR TECHNOLOGIES LLC Platform is provided on an “as is” basis and without any warranty or condition, express, implied or statutory. We do not guarantee and do not promise any specific results from use of the BLYNKR TECHNOLOGIES LLC Platform, BLYNKR TECHNOLOGIES LLC Services,
Third-Party Services, and/or the Rideshare Services, including the ability to provide or receive Rideshare Services at any given location or time. BLYNKR TECHNOLOGIES LLC reserves the right, for example, to limit or eliminate access to the BLYNKR TECHNOLOGIES LLC Platform for Rideshare Services, ThirdParty Services, and/or BLYNKR TECHNOLOGIES LLC Services in specific geographic areas and/or at specific times based on commercial viability, public health concerns, or changes in law. To the fullest extent permitted by law, we specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. We do not warrant that your use of the BLYNKR TECHNOLOGIES LLC Platform, BLYNKR TECHNOLOGIES LLC Services, Third-Party Services, or Rideshare Services will be accurate, complete, reliable, current, secure, uninterrupted, always available, or error-free, or will meet your requirements, that any defects in the BLYNKR TECHNOLOGIES LLC Platform will be corrected, or that the BLYNKR TECHNOLOGIES LLC Platform is free of viruses or other harmful components. We disclaim liability for, and no warranty is made with respect to, connectivity, availability, accuracy, completeness, and reliability of the BLYNKR TECHNOLOGIES LLC Platform, BLYNKR TECHNOLOGIES LLC Services, Third-Party Services, or Rideshare Services, including with respect to mapping, navigation, estimated times of arrival, and routing services. You are responsible at all times for your conduct and the consequences of your
conduct while using the BLYNKR TECHNOLOGIES LLC Platform. We cannot guarantee that each Rider or Driver is who he or she claims to be. Please use common sense when using the BLYNKR TECHNOLOGIES LLC Platform, BLYNKR TECHNOLOGIES LLC Services, Third-Party Services, and Rideshare Services, including looking at the photos of the Driver or Rider you have matched with to make sure it is the same individual you see in person. Please note that there are also risks of dealing with underage persons or people acting under false pretense, and we do not accept responsibility or liability for any content, communication or other use or access of the BLYNKR TECHNOLOGIES LLC Platform by persons under the age of 18 in violation of this Agreement. We encourage you to communicate directly with each potential Driver or Rider prior to engaging in an arranged transportation service.
BLYNKR TECHNOLOGIES LLC is not responsible for the conduct, whether online or offline, of any Userof the BLYNKR TECHNOLOGIES LLC Platform, BLYNKR TECHNOLOGIES LLC Services, Third-Party Services, or Rideshare Services. You are solely responsible for your interactions with other Users. We do not procure insurance for, nor are we responsible for, personal belongings left in the car by Drivers or
You are responsible for the use of your User account and BLYNKR TECHNOLOGIES LLC expressly disclaims any liability arising from the unauthorized use of your User account. It is possible for others to obtain information about you that you provide, publish or post to or through the BLYNKR TECHNOLOGIES LLC Platform (including any profile information you provide), send to other Users, or share during the Rideshare Services, and to use such information to harass or harm you. We are not responsible for the use of any personal information that you disclose to other Users on the BLYNKR TECHNOLOGIES LLC Platform or through the Rideshare Services, BLYNKR TECHNOLOGIES
LLC Services, or Third-Party Services. Please carefully select the type of information that you post on the BLYNKR TECHNOLOGIES LLC Platform or through the Rideshare Services, BLYNKR TECHNOLOGIES LLC Services, or Third-Party Services or release to others. We disclaim all liability, regardless of the form of action, for the acts or omissions of other Users (including unauthorized users, or “hackers”). Location data provided by the BLYNKR TECHNOLOGIES LLC Platform is for basic location purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate or incomplete location data may lead to death, personal injury, property or environmental damage. Neither BLYNKR TECHNOLOGIES LLC, nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of location data tracked or displayed by the BLYNKR TECHNOLOGIES LLC Platform. Any of your Information, including geolocational data, you upload, provide, or post on the BLYNKR TECHNOLOGIES LLC Platform may be
accessible to BLYNKR TECHNOLOGIES LLC and certain Users of the BLYNKR TECHNOLOGIES LLC Platform.
BLYNKR TECHNOLOGIES LLC advises you to use the BLYNKR TECHNOLOGIES LLC Platform with a data plan with unlimited or very high data usage limits, and BLYNKR TECHNOLOGIES LLC shall not be responsible or liable for any fees, costs, or overage charges associated with any data plan you use to access the BLYNKR TECHNOLOGIES LLC Platform. BLYNKR TECHNOLOGIES LLC shall not be in breach of this Agreement nor liable for failure or delay in performing obligations under this Agreement if such failure or delay results from events, circumstances or
causes beyond its reasonable control including (without limitation) natural disasters or acts of God; labor disputes or stoppages; war; government action; epidemic or pandemic; chemical or biological contamination; strikes; riots; acts of domestic or international terrorism; quarantines; national or regional emergencies; or any other cause, whether similar in kind to the foregoing or otherwise, beyond the party’s
reasonable control. All service dates under this Agreement affected by force majeure shall be tolled for the duration of such force majeure. The parties hereby agree, when feasible, not to cancel but reschedule the pertinent obligations as soon as practicable after the force majeure condition ceases to exist.
You will indemnify and hold harmless and, at BLYNKR TECHNOLOGIES LLC’s election, defend BLYNKR TECHNOLOGIES LLC including our affiliates, subsidiaries, parents, successors and assigns, and each of our respective officers, directors, employees, agents, or shareholders (collectively, the “Indemnified Parties”) from and against any claims, actions, suits, losses, costs, liabilities and expenses (including
reasonable attorneys’ fees) relating to or arising out of your use of the BLYNKR TECHNOLOGIES LLC Platform, BLYNKR TECHNOLOGIES LLC Services, Third-Party Services, and participation in the Rideshare Services, including: (1) your breach of this Agreement or the documents it incorporates by reference; (2) your violation of any law or the rights of a third party, including, Drivers, Riders, other motorists, and pedestrians, as a result of your own interaction with such third party; (3) any allegation that any materials or Information that you submit to us or transmit through the BLYNKR TECHNOLOGIES LLC Platform or to us infringes, misappropriates, or otherwise violates the copyright, trademark, trade secret or other intellectual property or other rights of any third party; (4) your ownership, use or operation of a motor vehicle or passenger vehicle, including your provision of Rideshare Services as a Driver; and/or (5) any other activities in connection with the BLYNKR TECHNOLOGIES LLC Platform, BLYNKR TECHNOLOGIES LLC Services, Third-Party Services, or Rideshare Services. This indemnity shall be
applicable without regard to the negligence of any party, including any indemnified person. You will not, without BLYNKR TECHNOLOGIES LLC’s prior written consent, agree to any settlement on behalf of any Indemnified Party which includes either the obligation to pay any monetary amounts, or any admissions of liability, whether civil or criminal, on the part of any Indemnified Party.
In no event will BLYNKR TECHNOLOGIES LLC, including our affiliates, subsidiaries, parents, successors and assigns, and each of our respective officers, directors, employees, agents, or shareholders (collectively “BLYNKR TECHNOLOGIES LLC” for purposes of this section), be liable to you for any incidental, special, exemplary, punitive, consequential, or indirect damages (including damages for deletion, corruption, loss of data, loss of programs, failure to store any information or other content maintained or transmitted by the BLYNKR TECHNOLOGIES LLC platform, service interruptions, or for the cost of procurement of substitute services) arising out of or in connection with the BLYNKR TECHNOLOGIES LLC platform, BLYNKR TECHNOLOGIES LLC services, the rideshare services, or this agreement, however arising including negligence, even if we or our agents or representatives know or have been advised of the possibility of such damages. The BLYNKR TECHNOLOGIES LLC platform may
be used by you to request and schedule transportation, goods, or third-party services with third-party providers, but you agree that BLYNKR TECHNOLOGIES LLC has no responsibility or liability to you related to any transportation, goods, or third-party services set forth in this agreement. For clarity and without limiting the foregoing, BLYNKR TECHNOLOGIES LLC has no responsibility or liability for any damages arising out of or in connection with your use of or reliance on transportation, goods, or thirdparty services set forth in this agreement or any transaction or relationship between you and any thirdparty provider. Certain jurisdictions may not allow the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions or limitations may not apply to you,
and you may have additional rights.
This Agreement is effective upon your acceptance of this Agreement. This Agreement may be terminated: (a) by User, without cause, upon seven (7) days’ prior written notice to BLYNKR TECHNOLOGIES LLC; or (b) by either Party immediately, without notice, upon the other Party’s material breach of this Agreement, including but not limited to any breach of Section 9 or breach of Section 10(a)-(i) of this Agreement. In addition, BLYNKR TECHNOLOGIES LLC may terminate this Agreement or deactivate your User account immediately in the event: (1) you are no longer eligible to qualify as a User; (2) you no longer qualify to provide Rideshare Services or to operate the approved vehicle under applicable law, rule, permit, ordinance or regulation; (3) you fall below BLYNKR TECHNOLOGIES LLC’s star rating or cancellation threshold; or (4) BLYNKR TECHNOLOGIES LLC has the good faith belief that such action is necessary to protect the safety of the BLYNKR TECHNOLOGIES LLC community or third parties, provided that in the event of a deactivation pursuant to (1)-(4) above, you will be given notice of the
potential or actual deactivation and an opportunity to attempt to cure the issue to BLYNKR TECHNOLOGIES LLC’s reasonable satisfaction prior to BLYNKR TECHNOLOGIES LLC permanently terminating the Agreement. For all other breaches of this Agreement, you will be provided notice and an opportunity to cure the breach. If the breach is cured in a timely manner and to BLYNKR TECHNOLOGIES LLC’s satisfaction, this Agreement will not be permanently terminated. Sections 2, 6, 7 (with respect to the license), 11-12, 14-19, and 21 shall survive any termination or expiration of this Agreement.
You and BLYNKR TECHNOLOGIES LLC mutually agree to waive our respective rights to resolution of disputes in a Court of law by a judge or jury and agree to resolve any dispute by arbitration. This Agreement will take place on an individual basis, class arbitrations and class actions are not permitted. An arbiter shall be appointed by the American Arbitration Association (AAA) Unless you and BLYNKR TECHNOLOGIES LLC agree otherwise, any arbitration hearings between BLYNKR TECHNOLOGIES LLC and a Rider will take place in the county of your billing address, and any arbitration hearings between BLYNKR TECHNOLOGIES LLC and a Driver will take place in the county in which the Driver provides Rideshare Services. If AAA arbitration is unavailable in your county, the arbitration hearings will take place in the nearest available location for a AAA arbitration. Your right to a hearing will be determined by
You agree not to use any technical, financial, strategic and other proprietary and confidential information relating to BLYNKR TECHNOLOGIES LLC’s business, operations and properties, information about a User made available to you in connection with such User’s use of the BLYNKR TECHNOLOGIES LLC Platform, which may include the User’s name, pick-up location, contact information and photo (“Confidential Information”) disclosed to you by BLYNKR TECHNOLOGIES LLC for your own use or for any purpose other than as contemplated herein. You shall not disclose or permit disclosure of any Confidential Information to third parties, and you agree not to store separate and outside of the BLYNKR TECHNOLOGIES LLC Platform any Confidential Information obtained from the BLYNKR TECHNOLOGIES LLC Platform. As a Driver, you understand that some of the Confidential Information you receive may be protected by federal and/or state confidentiality laws, such as the Health Information Portability and Accountability Act of 1996 (“HIPAA”), governing the privacy and security of protected (patient) health information. In the event that you know a Rider, you should not disclose to anyone the identity of the Rider or the location that you picked up, or dropped off the Rider, as this could violate HIPAA. You understand that any violation of the Agreement’s confidentiality provisions may violate HIPAA or state confidentiality laws and could result in civil or criminal penalties against you. You agree to take all reasonable measures to protect the secrecy of and avoid disclosure or use of Confidential Information of BLYNKR TECHNOLOGIES LLC in order to prevent it from falling into the public domain. Notwithstanding the above, you shall not have liability to BLYNKR TECHNOLOGIES LLC with regard to
any Confidential Information which you can prove: was in the public domain at the time it was disclosed by BLYNKR TECHNOLOGIES LLC or has entered the public domain through no fault of yours; was known to you, without restriction, at the time of disclosure, as demonstrated by files in existence at the time of disclosure; is disclosed with the prior written approval of BLYNKR TECHNOLOGIES LLC; becomes known to you, without restriction, from a source other than BLYNKR TECHNOLOGIES LLC without breach of this Agreement by you and otherwise not in violation of BLYNKR TECHNOLOGIES LLC’s rights; or is disclosed pursuant to the order or requirement of a court, administrative agency, or
other governmental body; provided, however, that You shall provide prompt notice of such court order or requirement to BLYNKR TECHNOLOGIES LLC to enable BLYNKR TECHNOLOGIES LLC to seek a protective order or otherwise prevent or restrict such disclosure.
As a Driver on the BLYNKR TECHNOLOGIES LLC Platform, you acknowledge and agree that you and BLYNKR TECHNOLOGIES LLC are in a direct business relationship, and the relationship between the parties under this Agreement is solely that of independent contracting parties. You and BLYNKR TECHNOLOGIES LLC expressly agree that (1) this is not an employment agreement and does not create an employment relationship between you and BLYNKR TECHNOLOGIES LLC; and (2) no joint venture, franchisor- franchisee, partnership, or agency relationship is intended or created by this Agreement. You have no authority to bind BLYNKR TECHNOLOGIES LLC, and you undertake not to hold yourself out as an employee, agent or authorized representative of BLYNKR TECHNOLOGIES LLC. BLYNKR TECHNOLOGIES LLC does not, and shall not be deemed to, direct or control you generally or in your performance under this Agreement specifically, including in connection with your provision of Rideshare Services, your acts or omissions, or your operation and maintenance of your vehicle. You retain the sole right to determine when, where, and for how long you will utilize the BLYNKR TECHNOLOGIES LLC Platform. BLYNKR TECHNOLOGIES LLC does not, and shall not be deemed to, unilaterally prescribe specific dates, times of day, or any minimum number of hours for you to utilize the
BLYNKR TECHNOLOGIES LLC Platform. You retain the option to accept or to decline or ignore a Rider’s request for Rideshare Services via the BLYNKR TECHNOLOGIES LLC Platform, or to cancel an accepted request for Rideshare Services via the BLYNKR TECHNOLOGIES LLC Platform, subject to BLYNKR TECHNOLOGIES LLC’s then-current cancellation policies. BLYNKR TECHNOLOGIES LLC does not, and shall not be deemed to, require you to accept any specific request for Rideshare Services as a condition of maintaining access to the platform. With the exception of any signage required by law or permit/license rules or requirements, BLYNKR TECHNOLOGIES LLC shall have no right to require you to: (a) display BLYNKR TECHNOLOGIES LLC’s names, logos or colors on your vehicle(s); or (b) wear a uniform or any other clothing displaying BLYNKR TECHNOLOGIES LLC’s names, logos or colors. You acknowledge and agree that you have complete discretion to provide Rideshare Services or otherwise engage in any other business or employment activities, including but not limited to providing services similar to the Rideshare Services to other companies, and that BLYNKR TECHNOLOGIES LLC does not, and shall not be deemed to, restrict you from engaging in any such activity.
In addition to connecting Riders with Drivers, the BLYNKR TECHNOLOGIES LLC Platform may enable Users to provide services or receive services from other third parties. For example, Users may be able to use the BLYNKR TECHNOLOGIES LLC Platform to plan and reserve rides on public transportation, take a ride in an autonomous vehicle provided by a third party, rent vehicles, bikes, scooters, or other similar personal transportation devices provided by a third party, receive roadside assistance, or obtain financial, vehicle repair, insurance, or other services provided by third parties (collectively, the “Third-Party Services”). This Agreement between you and BLYNKR TECHNOLOGIES LLC governs your use of the BLYNKR TECHNOLOGIES LLC Platform in connection with the Third-Party Services. In addition, you understand that the Third-Party Services may also be subject to terms and pricing of the third-party provider (collectively, the “Third-Party Terms”) which will govern your relationship with such third-party provider, as applicable. You agree that BLYNKR TECHNOLOGIES LLC is not responsible and may not be held liable for the Third-Party Services or the actions or omissions of the third-party provider. Such Third-Party Services may not be investigated, monitored or checked for accuracy, appropriateness, or completeness by BLYNKR TECHNOLOGIES LLC, and BLYNKR TECHNOLOGIES LLC is not
responsible for any Third-Party Services accessed through the BLYNKR TECHNOLOGIES LLC Platform. In the event of a conflict in the terms of any Third-Party Terms and this Agreement, the terms of this Agreement shall control with respect to BLYNKR TECHNOLOGIES LLC and your agreements with BLYNKR TECHNOLOGIES LLC herein, and the limitations of liability set forth in Section 15 above shall also apply to the third-party provider. The Dispute Resolution and Arbitration Agreement provisions in Section 17 above shall apply instead of any terms in any Third-Party Terms for all purposes except with respect to claims that are solely against the third-party provider.
This Agreement shall be governed by the laws of the State of North Dakota without regard to choice of law principles. This choice of law provision is only intended to specify the use of California law to interpret this Agreement and is not intended to create any other substantive right to non-Californians to assert claims under California law whether by statute, common law, or otherwise. If any provision of this Agreement is or becomes invalid or non-binding, the parties shall remain bound by all other provisions of this Agreement. In that event, the parties shall replace the invalid or non-binding provision with provisions that are valid and binding and that have, to the greatest extent possible, a similar effect as the invalid or non-binding provision, given the contents and purpose of this Agreement. You agree that this Agreement and all incorporated agreements may be automatically assigned by BLYNKR TECHNOLOGIES LLC, in our sole discretion by providing notice to you. You may not assign this Agreement without BLYNKR TECHNOLOGIES LLC’s prior written approval. Any purported assignment by you in violation of this Section 21 shall be void. Any notices to you shall be provided to you through the BLYNKR TECHNOLOGIES LLC Platform or given to you via the email address or physical address you provide to BLYNKR TECHNOLOGIES LLC during the registration process. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. The words “include”, “includes” and “including” are deemed to be followed by the words “without limitation”. A party’s failure to act with respect to a breach by the other party does not constitute a waiver of the party’s right to act with respect to subsequent or similar breaches, any such waiver shall be in writing. This Agreement sets forth the entire understanding and agreement between you and BLYNKR TECHNOLOGIES LLC with respect to the subject matter hereof and supersedes all previous understandings and agreements between the parties, whether oral or written.