Engels • English
Last updated: September 1st, 2021.
IMPORTANT NOTICE REGARDING ARBITRATION FOR U.S. CUSTOMERS: WHEN YOU AGREE TO THESE TERMS YOU ARE AGREEING (WITH LIMITED EXCEPTION) TO RESOLVE ANY DISPUTE BETWEEN YOU AND TRC THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT. PLEASE REVIEW CAREFULLY SECTION 16 “DISPUTE RESOLUTION” BELOW FOR DETAILS REGARDING ARBITRATION.
1. Agreement to Terms. By using our Services, you agree to be bound by these Terms. If you don’t agree to be bound by these Terms, do not use the Services. If you are accessing and using the Services on behalf of a company (such as your employer) or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms. In that case, “you” and “your” will refer to that entity.
2. Transit Operator Agreement. As between TRC and any Transit Operator, in certain circumstances, a separate duly-executed master agreement (e.g., a license and/or services agreement) between such Transit Operator and TRC may apply and govern such Transit Operator’s use of the Services, including the Pingo App (a “Transit Operator Agreement”). In such cases, the applicable Transit Operator Agreement will supersede these Terms to the extent such Transit Operator Agreement contains terms inconsistent with the terms herein.
4. Changes to these Terms or the Services. We may update the Terms from time to time in our sole discretion. If we do, we’ll let you know by posting the updated Terms on the Site, to the Pingo App and/or may also send other communications. It’s important that you review the Terms whenever we update them or you use the Services. If you continue to use the Services after we have posted updated Terms it means that you accept and agree to the changes. If you don’t agree to be bound by the changes, you may not use the Services anymore. Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.
5. Who May Use the Services? You may use the Services only if you are at least 13 years of age (or such other minimum age at which you can provide consent to data processing under the laws of your territory), and not otherwise barred from using the Services under applicable law. Riders under 18 years of age but above the minimum age to consent to data processing in their jurisdiction may use the Services only if their parent or legal guardian reviews these Terms and accepts them on the Rider’s behalf. Parents and legal guardians are responsible for the acts of their children when using the Services.
6. Feedback. We appreciate feedback, comments, ideas, proposals and suggestions for improvements to the Services ("Feedback"). If you choose to submit Feedback, you agree that we are free to use it without any restriction or compensation to you.
7. Payment and Fees.
A. Rider-Specific Terms. As a Rider, you may be required to pay a fee for use of the Services (or certain portions thereof). All such fees are paid to the Transit Operator (whether directly to such Transit Operator or through our third-party payment processor, such as Stripe (www.stripe.com), where they are eventually remitted to the Transit Operator), and are not retained by TRC. You acknowledge and agree that TRC shall not be liable or responsible in any way or manner for any fees paid by you for use of the Services (or any portion thereof). As between TRC and Transit Operator, all such fees shall be controlled by the applicable Transit Operator. Please contact the applicable Transit Operator for any questions or concerns regarding any fees paid by you in connection with the Services.
B. Transit Operator-Specific Terms. As a Transit Operator, you may be required to pay a fee for use of the Services (or certain portions thereof). All such fees shall be set forth in and pursuant to the applicable Transit Operator Agreement.
8. Rights and Terms for Apps.
A. Pingo App License. If you comply with these Terms, TRC grants to you a limited non-exclusive, non-transferable license, with no right to sublicense, to download and install the Pingo App on your personal computers, mobile handsets, tablets, wearable devices, and/or other devices and to run the Pingo App solely for your own personal non-commercial purposes. Except as expressly permitted in these Terms, you may not: (i) copy, modify or create derivative works based on the Pingo App; (ii) distribute, transfer, sublicense, lease, lend or rent the Pingo App to any third party; (iii) reverse engineer, decompile or disassemble the Pingo App (unless applicable law permits, despite this limitation); or (iv) make the functionality of the Pingo App available to multiple users through any means.
B. Additional Information: Apple App Store. This Section 8(b) applies to the Pingo App that you acquire from the Apple App Store or use on an iOS device. Apple has no obligation to furnish any maintenance and support services with respect to the Pingo App. In the event of any failure of the Pingo App to conform to any applicable warranty, you may notify Apple, and Apple will refund the Pingo App purchase price to you (if applicable) and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Pingo App. Apple is not responsible for addressing any claims by you or any third party relating to the Pingo App or your possession and use of it, including, but not limited to: (i) product liability claims; (ii) any claim that the Pingo App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement and discharge of any third-party claim that your possession and use of the Pingo App infringe that third party’s intellectual property rights. Apple and its subsidiaries, are third-party beneficiaries of these Terms, and upon your acceptance of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a terrorist-supporting country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You must also comply with any applicable third-party terms of service when using the Pingo App.
9. General Prohibitions and TRC’s Enforcement Rights. You agree not to do any of the following:
A. Use, display, mirror or frame the Services or any individual element within the Services, TRC’s name, any TRC trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without TRC’s express written consent;
B. Access, tamper with, or use non-public areas of the Services, TRC’s computer systems, or the technical delivery systems of TRC’s providers;
C. Attempt to probe, scan or test the vulnerability of any TRC system or network or breach any security or authentication measures;
D. Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by TRC or any of TRC’s providers or any other third party (including another user) to protect the Services;
E. Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
F. Use the Services, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms;
G. Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services;
H. Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;
I. Collect or store any personally identifiable information from the Services from other users of the Services without their express permission;
J. Impersonate or misrepresent your affiliation with any person or entity;
K. Violate any applicable law or regulation; or
L. Encourage or enable any other individual to do any of the foregoing.
TRC is not obligated to monitor access to or use of the Services. However, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any content, at any time and without notice. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
10. Links to Third Party Websites or Resources. The Services (including the Pingo App) may allow you to access third-party websites or other resources. We provide access only as a convenience and are not responsible for the content, products or services on or available from those resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party resources.
11. Termination. We may suspend or terminate your access to and use of the Services, including suspending access to or terminating your account, at our sole discretion, at any time and without notice to you. You may cancel your account at any time by sending us an email at firstname.lastname@example.org Upon any termination, discontinuation or cancellation of the Services or your account, the following Sections will survive: 6, 7 (for payments due and owing to TRC prior to termination, discontinuation or cancellation), 9, 10, 11, 12, 13, 14, 15, 16, and 17.
12. Warranty Disclaimers.
A. THE SERVICES ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis, including the ability to provide or receive transportation services at any given location or time. TRC reserves the right, for example, to limit or eliminate access to the Services in specific geographic areas and/or at specific times based on commercial viability, public health concerns, or changes in law. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any information or content on the Services.
B. TRC does not provide transportation services and TRC is not a transportation carrier. TRC is not a common carrier or public carrier. It is up to the Rider to decide whether or not to accept a ride from any Transit Operator engaged through the Services (including the Pingo App). We are not responsible or liable for any incomplete or failed transportation service. We do not control the quality or safety of the transportation that occurs as a result of the Services.
C. We cannot guarantee that the driver of any Transit Operator is who he or she claims to be. Please use common sense when using the Services, including looking at or asking for any identification materials of the applicable Transit Operator driver you are engaging to make sure they are actual personnel of the Transit Operator. TRC SHALL NOT BE LIABLE OR RESPONSIBLE FOR ANY TRANSIT OPERATOR, OR ANY DRIVER OR OTHER PERSONNEL OF A TRANSIT OPERATOR, INCLUDING ANY ACTIONS OR FAILURES TO ACT BY THE TRANSIT OPERATOR OR ITS DRIVERS OR OTHER PERSONNEL.
D. TRC is not responsible for the conduct, whether online or offline, of any other user of the 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 Riders. By using the Services, you agree to accept such risks and agree that TRC is not responsible for the acts or omissions of any users of the Services.
E. You are responsible for the use of your account and TRC expressly disclaims any liability arising from the unauthorized use of your account. Should you suspect that any unauthorized party may be using your account or you suspect any other breach of security, you agree to notify us immediately.
F. TRC advises you to use the Services with a data plan with unlimited or very high data usage limits, and TRC shall not be responsible or liable for any fees, costs, or overage charges associated with any data plan you use to access the Services.
13. Indemnity. You will indemnify and hold TRC and its officers, directors, employees and agents, harmless from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (a) your access to or use of the Services, (b) your violation of these Terms, or (c) your violation of applicable law.
14. Limitation of Liability.
A. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER TRC NOR ITS SERVICE PROVIDERS INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT TRC OR ITS SERVICE PROVIDERS HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. THE SERVICES MAY BE USED BY YOU TO REQUEST AND SCHEDULE TRANSPORTATION OR OTHER SERVICES WITH THIRD-PARTY PROVIDERS (SUCH AS TRANSIT OPERATORS), BUT YOU AGREE THAT TRC HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY TRANSPORTATION OR OTHER SERVICES PROVIDED TO YOU BY THIRD PARTY PROVIDERS OTHER THAN AS EXPRESSLY SET FORTH IN IN THESE TERMS.
B. TO THE MAXIMUM EXTENT PERMITTED BY THE LAW OF THE APPLICABLE JURISDICTION, IN NO EVENT WILL TRC’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES EXCEED FIVE HUNDRED DOLLARS ($500).
C. THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN TRC AND YOU.
15. Governing Law and Forum Choice. These Terms and any action related thereto will be governed by the Federal Arbitration Act, federal arbitration law, and the laws of the State of California, without regard to any conflict of laws or other principles that would result in the application of the law of a different jurisdiction. Except as otherwise expressly set forth in Section 16 “Dispute Resolution,” the exclusive jurisdiction for all Disputes (defined below) that you and TRC are not required to arbitrate will be the state and federal courts located in San Francisco, California, and you and TRC each waive any objection to jurisdiction and venue in such courts.
16. Dispute Resolution.
A. Mandatory Arbitration of Disputes. We each agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services (collectively, “Disputes”) will be resolved solely by binding, individual arbitration and not in a class, representative or consolidated action or proceeding. You and TRC agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of these Terms, and that you and TRC are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms.
B. Exceptions. As limited exceptions to Section 16(a) above: (i) we both may seek to resolve a Dispute in small claims court if it qualifies; and (ii) we each retain the right to seek injunctive or other equitable relief from a court to prevent (or enjoin) the infringement or misappropriation of our intellectual property rights.
C. Conducting Arbitration and Arbitration Rules. The arbitration will be conducted by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by these Terms. The AAA Rules are available at www.adr.org or by calling 1-800-778-7879. A party who wishes to start arbitration must submit a written Demand for Arbitration to AAA and give notice to the other party as specified in the AAA Rules. The AAA provides a form Demand for Arbitration at www.adr.org.
Any arbitration hearings will take place in the county (or parish) where you live, unless we both agree to a different location. The parties agree that the arbitrator shall have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability and scope of this arbitration agreement.
D. Arbitration Costs. Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules, and we won’t seek to recover the administration and arbitrator fees we are responsible for paying, unless the arbitrator finds your Dispute frivolous. If we prevail in arbitration we’ll pay all of our attorneys’ fees and costs and won’t seek to recover them from you. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses to the extent provided under applicable law.
E. Injunctive and Declaratory Relief. Except as provided in Section 16(b) above, the arbitrator shall determine all issues of liability on the merits of any claim asserted by either party and may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. To the extent that you or we prevail on a claim and seek public injunctive relief (that is, injunctive relief that has the primary purpose and effect of prohibiting unlawful acts that threaten future injury to the public), the entitlement to and extent of such relief must be litigated in a civil court of competent jurisdiction and not in arbitration. The parties agree that litigation of any issues of public injunctive relief shall be stayed pending the outcome of the merits of any individual claims in arbitration.
F. Class Action Waiver. YOU AND TRC AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, if the parties’ Dispute is resolved through arbitration, the arbitrator may not consolidate another person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this Dispute Resolution section shall be null and void.
G. Severability. With the exception of any of the provisions in Section 16(f) of these Terms (“Class Action Waiver”), if an arbitrator or court of competent jurisdiction decides that any part of these Terms is invalid or unenforceable, the other parts of these Terms will still apply.
17. General Terms.
A. Reservation of Rights. TRC and its licensors exclusively own all right, title and interest in and to the Services, including all associated intellectual property rights. You acknowledge that the Services are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services.
B. Entire Agreement. These Terms constitute the entire and exclusive understanding and agreement between TRC and you regarding the Services, and these Terms supersede and replace all prior oral or written understandings or agreements between TRC and you regarding the Services. If any provision of these Terms is held invalid or unenforceable by an arbitrator or a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. You may not assign or transfer these Terms, by operation of law or otherwise, without TRC’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. TRC may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
C. Notices. Any notices or other communications provided by TRC under these Terms will be given: (i) via email; or (ii) by posting to the Services. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted.
D. Waiver of Rights. TRC’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of TRC. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
18. Contact Information. If you have any questions about these Terms or the Services, please contact TRC at email@example.com.
19. Interpretation. In the event of differences in text and/or interpretation between the English text and any other language into which the Terms of Service have been translated, the English text shall prevail and be binding.