Updated and effective as of August 1, 2019
About the Company
Hitch Technologies, Inc. (formerly Krew Rideshare, Inc.), a Delaware corporation, and its affiliates, subsidiaries, directors, officers and employees, (collectively, “Hitch,” the “Company,” “we,” “us,” or “our”) operate the website located at ridehitch.com, the “Hitch” mobile application available from the Apple App Store, Android Play Store, and other related websites, subpages, subdomains, mobile applications, content, offerings, information, tools, interfaces, products, software and services, including any software provided that allows you to access such websites and mobile applications from a computer or mobile device, and including the Hitch Services (as defined below) provided thereon (collectively, the “Platform”).
This Agreement is a legal contract between the Company and you. If you do not wish to be bound by this Agreement or if you do not agree with all of the terms and conditions in this Agreement, you may not use the Platform. Acceptance by you of this Agreement and agreement to be bound hereby is expressly conditioned upon your assent to all of the terms and conditions in this Agreement. If this Agreement is considered an offer, acceptance is expressly limited to the terms and conditions contained in this Agreement. This Agreement applies to all users of the Platform, including without limitation users who are Drivers, Riders, users, browsers, vendors, customers and merchants, whether or not a user has registered for an account, uploaded or submitted any Content (as defined below), or paid for or received any service or offering on or through the Platform or used any of the Driver Services.
Any new features, offerings, information, tools, software or services that are added to the Platform shall also be subject to this Agreement. You can review the most current version of this Agreement at any time on the Platform, available at ridehitch.com/terms.
We reserve the right in our sole discretion to update, change or replace any part of this Agreement by posting updates and/or changes to this Agreement on our Platform. Although we may attempt to notify you when major changes are made to this Agreement, it is your responsibility to periodically review the most up-to-date version of this Agreement posted to our Platform. Your continued use of or access to the Platform following the posting of any updates or changes constitutes acceptance of those updates or changes.
Capitalized terms used in this Agreement have the meanings assigned to such terms in the text of this Agreement, or as set forth immediately below:
“Driver” means a user who applies to the Company to provide driving and transportation services to Riders and who uses the Platform to offer, market, schedule and arrange for such driving and transportation services, and is accepted and Onboarded by the Company to provide such Driver Services, which include primarily long-distance point to point Rides in a vehicle provided by the Driver and approved by the Company.
“Driver Applicant” means a user who begins an application to become a Driver, before such time as such user is Onboarded as a Driver.
“Driver Services” means Rides, and any other transportation-related services or offerings provided by any Driver that are facilitated by the Platform. While Rides and other Driver Services are facilitated by and through the Platform using the Platform’s tools for offering, posting, listing, requesting, searching for, inquiring about, marketing, scheduling and arranging for Rides, such Rides and Driver Services are not Hitch Services that are offered by the Platform. Instead, Rides and other Driver Services are services that are offered, conducted, delivered, completed, provided, serviced and carried out by Drivers in vehicles provided by such Drivers. Driver Services may also include pickup and delivery of products, goods or other items ordered for delivery, or the transportation of any products, goods or other items. For the avoidance of doubt, Driver Services do not include any Hitch Services, and the Hitch Services do not include any Driver Services.
“Hitch Services” means the Platform and the related proprietary system, mobile applications, products, offerings, features, information, tools, software, data feeds, interfaces, functionality and services owned, operated, or provided by the Company through the Platform, including, without limitation, our marketplace functionality that facilitates connecting Riders with Drivers in respect of proposed or actual Rides. However, while Hitch Services refers to and includes our Platform tools that facilitate offering, posting, listing, requesting, searching for, inquiring about, marketing, scheduling and arranging for Rides by and among Drivers and Riders, and that matches Riders with Drivers, Hitch Services do not include the actual occurrence, conduct, carrying out, servicing or provision of the Rides themselves, which falls within the scope of Driver Services. Hitch Services do not include Driver Services, and Driver Services do not include Hitch Services. For the avoidance of doubt, any reference herein to the “Platform” shall include reference to all Hitch Services, which are the services made available through the Platform.
“Onboard,” “Onboarded” or “Onboarding” means our process of accepting an application by a Driver Applicant to become a Driver (after a preliminary review of credentials and a background check), and preparing that new Driver to use our Platform to offer and arrange to provide Driver Services. During our Onboarding process, which is described in more detail below, we provide each new Driver with orientation, information, materials, policies and instruction regarding Company policies, rules, procedures and expectations of the Hitch community that are applicable to all Drivers. Prior to our Onboarding process, we review Driver Applicant applications and credentials (including driver’s license and insurance information), and we conduct a customary background check.
“Ride” means exactly what you think it means – a “Ride” refers to the actual or prospective event of transportation of a non-driving human (i.e., a Rider) or goods in a motor vehicle provided by a Driver from the point of pick up to the point of drop off. The Company focuses primarily on arranging long-distance Rides.
“Rider” means a non-driving human user who uses the Platform to request, order, purchase, schedule and participate in Rides provided by Drivers.
“user” or “you” or “your” means any person who views, accesses, or uses the Platform in any way, including users who register for an account with the Platform. “user” also includes Drivers, Driver Applicants and Riders, or any person who uses or access the Platform to offer, post, list, request, order, purchase, schedule, search for, inquire about or arrange for any Ride or other Driver Services serviced by Drivers.
3. THE SERVICES
About the Services
Hitch provides, by way of the Platform, a marketplace for offering, posting, listing, requesting, searching for, inquiring about, marketing, scheduling and arranging for Rides by and among Drivers and Riders. The Platform is a set of online and mobile tools that matches Riders with Drivers (and, in certain cases, pre-arranged locations for Hitching a Ride) to facilitate the delivery and servicing of Rides by Drivers. The Hitch marketplace may also be used, now or in the future, to facilitate the provision by Drivers of other Driver Services, such as delivery or transportation of products, goods or other items. Riders may use the Platform to request, order, search for, inquire about purchase, schedule and arrange for Rides offered and serviced by Drivers. Drivers may use the platform to post, list, offer, market, schedule and arrange for Rides that they propose to provide to Riders. Riders and Drivers are matched, or otherwise agree to meet at pre-arranged locations, using our proprietary Platform tools and functionality based on a number of factors, which, among other things, may include geographical location of pickup and drop off points, length of the proposed Ride requested or offered, time frame in which the applicable Ride is requested or offered or when it is scheduled to take place, relative availability of Drivers, relative demand for Rides by Riders, and type of Ride experience offered or requested.
As a Rider, you authorize the Company to match you with a Driver, and as a Driver, you authorize the Company to match you with one or more Riders, in each case based on factors such as your location, the estimated time to pickup, your destination, user preferences and platform efficiency. In each case, you also authorize the Company to cancel any scheduled Ride and to rematch you with other Riders or Drivers, as applicable, based on the same or other considerations and factors. Riders and Drivers also authorize the Company to match more than one Rider with a Driver in respect of a proposed Ride, and to change or rearrange the makeup of any combination of Riders and Drivers in respect of any Ride at any time prior to a Ride. In certain cases, when a Ride must be cancelled, delayed or rescheduled, Riders authorize the Company to reschedule their Ride (with confirmation through the Platform by such Rider indicating consent) using alternative third-party transportation services that are not offered by us and that are not part of the Driver Services, such as services provided by other ride sharing companies or transportation modes.
Driver Services that are offered, serviced and provided by Drivers through the Platform are not offers by us for services and are not part of the Hitch Services or the Platform. Riders may use the Platform to arrange for and agree to accept any Driver Services in their sole discretion, and we are not involved in or part of any decision by a Rider to accept a Ride or other Driver Services using the Platform. Any Driver Services offered through the Platform and accepted by a Rider shall constitute a separate agreement between the applicable Driver and such Rider, and the Company is not a party to any such agreement, nor is the Company responsible in any respect for a Rider’s decision to accept and agree to any Driver Services.
The Company does not provide transportation services, and the Company is not a transportation carrier, 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 Platform, and it is up to the Rider to decide whether or not to accept a Ride from any Driver contacted through the Platform. We cannot ensure that a Driver or Rider will complete any arranged Ride. We have no control over the quality or safety of any Ride that occurs as a result of facilitation and scheduling through the Platform.
We care about the safety of our users. Before any user can offer and provide Rides and Driver Services as a Driver using our Platform, we review the application of Driver Applicants and, if accepted to be a Driver, we conduct an Onboarding process during which we review certain Driver credentials and conduct a customary background check (through a third party). Our review of Driver credentials consists in a review and inspection of driver’s license, applicable insurance coverage and vehicle registration. However, we are limited in our capacity, and in some cases we may not be able, to confirm that the credentials presented to us by the Driver Applicant are genuine and authentic. While we believe that our review of Driver credentials and background checks that are part of our Onboarding process helps to keep our Platform safe, there can be no assurance that, and we make no representations or warranties whatsoever that, our Onboarding process will keep you safe if you participate in any Rides or procure any Driver Services through our Platform. AS A RIDER, YOU AGREE AND ACKNOWLEDGE THAT ANY RIDE OR DRIVER SERVICES THAT YOU ORDER, PURCHASE, PARTICIPATE IN OR RECEIVE IS AT YOUR OWN RISK AND SOLE RESPONSIBILITY, AND YOU ASSUME ALL OF THE RISK FOR ANY SUCH RIDE OR DRIVER SERVICES THAT YOU REQUEST AND PROCURE, AND THE COMPANY IS NOT RESPONSIBLE FOR ANY LOSS, DAMAGE, INJURY OR HARM THAT MAY ARISE AS A RESULT OF ANY RIDE OR DRIVER SERVICES THAT YOU REQUEST, ORDER, PURCHASE, PROCURE, ACCEPT, PARTICIPATE IN OR RECEIVE THROUGH USE OF THE PLATFORM OR OTHERWISE.
Please see the applicable information contained in the Platform that describes our Onboarding process for Drivers. No part of such information contains any representation or warranty about our Platform or the Hitch Services we provide, or about any Driver Services provided by any Driver, and we reserve the right at any time to change our policies and practices regarding Onboarding of Drivers with or without notice to you. After a Driver is Onboarded, we may request that Drivers update their information that they provide to us from time to time, but we are under no obligation to do so and you should not rely on any such policies or practices, which we may change at any time.
WE DO NOT PROVIDE DRIVERS WITH INSURANCE COVERAGE. EACH DRIVER IS RESPONSIBLE FOR CARRYING AN ACTIVE INSURANCE POLICY WITH APPLICABLE RIDE SHARE ADDENDUMS, RIDERS AND COVERAGE.
AS PART OF OUR ONBOARDING PROCESS, WE REQUIRE THAT DRIVERS PROVIDE US WITH PROOF OF THEIR INSURANCE COVERAGE, INCLUDING APPLICABLE RIDE SHARE RIDERS, ADDENDUMS OR ADDITIONAL COVERAGE IN RESPECT OF SUCH INSURANCE POLICIES. AS A RIDER, YOU ACKNOWLEDGE AND UNDERSTAND THAT ANY RIDES OR DRIVER SERVICES THAT YOU REQUEST, ORDER, PURCHASE, PARTICIPATE IN OR RECEIVE COME WITH THE RISK THAT THE DRIVER PROVIDING SUCH DRIVER SERVICES WILL NOT HAVE ADEQUATE INSURANCE COVERAGE TO COVER ANY LOSSES, HARM, INJURY OR DAMAGES THAT ARISE IN RESPECT OF ANY RIDE OR DRIVER SERVICES, DESPITE OUR REASONABLE EFFORTS TO CONFIRM ADEQUATE INSURANCE COVERAGE DURING THE ONBOARDING PROCESS. EVEN THOUGH WE REVIEW EACH DRIVER’S INSURANCE COVERAGE PROVIDED TO US DURING THE ONBOARDING PROCESS, WE CANNOT GUARANTEE THAT EACH DRIVER HAS PROVIDED US WITH DOCUMENTS THAT ARE GENUINE AND AUTHENTIC AND THAT ARE NOT OTHERWISE FALSE OR MISLEADING. WHILE WE REQUIRE THAT EACH DRIVER MAINTAIN ADEQUATE INSURANCE COVERAGE AS PART OF THIS AGREEMENT AND AS PART OF OUR POLICIES AND RULES APPLICABLE TO ALL DRIVERS, WE CANNOT GUARANTEE THAT DRIVERS WILL COMPLY WITH OUR REQUIREMENTS OR WITH THIS AGREEMENT, AND WE MAY NOT KNOW IF ANY DRIVERS FAIL TO COMPLY WITH ALL OF OUR POLICIES OR WITH THIS AGREEMENT, INCLUDING BY LETTING THEIR INSURANCE POLICIES LAPSE AFTER THE ONBOARDING PROCESS HAS BEEN COMPLETED.
The Platform includes functionality that facilitates the ability for Riders and/or Drivers to arrange for and schedule Rides, and to pay Fees (as defined below) and other charges incurred on the Platform. Some of these tools and functions utilize and rely on third party applications to process data and payments and for other functionality (collectively, “Third Party Applications”). The Platform provides a conduit for users to access, indirectly through the Platform, such Third Party Applications. Although we reserve the right to use Third Party Applications as part of the Platform, our use of any such Third Party Applications does not imply approval or endorsement thereof by the Company. By agreeing to this Agreement, you give us express permission to use such Third Party Applications as part of the Platform and the Hitch Services, including for the processing and managing of payments and collection and disbursement of funds through the Platform.
General Disclaimers Regarding the Services
The Company only provides a marketplace for searching for, requesting, posting, listing, offering, marketing, proposing, inquiring about, ordering, purchasing, arranging and scheduling Rides that are serviced by Drivers as part of the Driver Services, and for matching Riders and Drivers to facilitate Rides offered and provided by Drivers. The Company does not play any role relating to the Ride itself or the provision or servicing of any Ride. The Company does not endorse any Driver who uses the Platform to offer, propose, schedule or arrange to provide any Ride. Drivers and the Driver Services offered by Drivers through the Platform are independent of the Company and such Drivers are not affiliated with the Company in any respect other than as Drivers who have been permitted to use the Platform in that capacity. We do not hire or employ Drivers to provide Driver Services. All Drivers who use the Platform to offer and arrange for Rides and other Driver Services are independent service providers who provide Driver Services directly to Riders.
The Platform provides a means for Riders to pay Drivers for Rides that are arranged and scheduled through the Platform. Any arrangement or agreement between a Rider and a Driver in respect of any Ride is an agreement only between such parties and does not involve the Company in any way, and the Company is not a party to, or a third beneficiary of, such agreement. Any payments to Drivers made and processed through the Platform using payment functionality available on the Platform are payments from the applicable Riders to the applicable Driver. Such payments are not, and shall not be deemed to be, a payment from the account of the Company to such Driver for any services or Driver Services. Drivers do not work for, or provide services to, the Company in any capacity, whether as an employee or an independent contractor.
We are not responsible for disputes, claims, losses, injuries or damage of any kind that might arise out of or relate to any conduct of Drivers, Riders or other users either in respect of their use of the Platform or in respect of the provision and servicing of, or participation in, any Ride or Driver Services. We are not responsible for any failure of any Ride to occur due to the Driver’s or Rider’s failure to meet the other party at the designated location and time. We are not responsible for the conduct of any Ride, for the quality or experience of any Ride, or for ensuring that any scheduled Ride occurs in a timely manner or at all. We are not responsible for any agreement formed between any Rider and Driver through the Platform relating to the purchase of or payment for any Ride or Driver Services, and we are not a party to any such agreement. We are not responsible for any user’s reliance on any other user’s Content, including the offer or promise by any Driver to provide any Ride or Driver Services, any representations that might be made by any Driver regarding the quality of such Ride or the condition of such Driver’s vehicle, or the request of any Rider for Rides or other Driver Services.
The Company makes no representations, warranties or guarantees whatsoever, express or implied, regarding the quality, condition, experience, value, accessibility, usability, comfort, promptness, safety or legality of any Driver Services or any Rides offered or arranged through the Platform, and all Rides and Driver Services offered through the Platform are offered by the applicable Drivers and not by the Company, and any Riders who accept or agree to participate in and pay for and receive any Driver Services or Rides do so in their sole discretion and assume all risk therefor.
A Driver’s ability to use the Platform to offer and arrange to provide Driver Services is not an endorsement or recommendation of that Driver by the Company. We do not warrant that the quality or conduct of any Driver Services will meet your expectations.
The Company makes no representations, warranties, or guarantees whatsoever, express or implied, regarding the quality, workmanship, suitability, appropriateness, relevance, value, authorship, completeness, accuracy, or truthfulness of any representations, claims or other information posted by any Driver or Rider and communicated through the Platform, or any credentials, training, certifications, ratings, reviews, work history, experience, expertise, quality or condition of vehicle, promptness, prospective drive times or any other information provided by any Driver or any Rider and/or displayed on or transmitted through the Platform. Any such information provided by any Driver or any Rider is based solely on information provided to us or Submitted to the Platform by such Driver or Rider, as applicable, and we do not independently confirm, evaluate or review any such information, except for the limited review of driver credentials and background checks we conduct as part of the Driver Onboarding process.
While we confirm Driver credentials and perform customary background checks on Drivers as part of the Onboarding process, you should not, and are not entitled to, rely on these measures to ensure that the Driver Services and Rides provided to you or other Riders by such Drivers will be safe, in compliance with law or Company policy, free from harm or injury, prompt, professional or will otherwise meet your expectations. As a Rider, you acknowledge and agree that there are risks associated with using our Platform and with participating in Rides offered by Drivers. By using our Platform to purchase and arrange for Rides and Driver Services, you fully and freely assume all such risk, including any risk of harm, loss, injury, damage, delays or other foreseeable or unforeseeable risks. Your safety is important to us and we endeavor to do what is customary and reasonable to protect you during the provision and servicing of any Rides or Driver Services. However, our Onboarding process cannot protect you from all of the risks associated with participating in Rides serviced by Drivers who are independent from us, and we do not and cannot represent, warrant or guarantee that our Onboarding process will protect you from all or any of such risks.
In certain circumstances, Driver Services may involve the transportation and/or delivery of goods or other items either provided by users or ordered by and delivered to users. The Company does not and will not at any time have title to any such goods or other items that are transported and/or delivered through Driver Services, and the Company is not responsible for any loss or damage to such goods or other items at any time, or for any loss or damage caused by such goods or items, including due to defects, improper handling, lack of appropriate warnings or labels, or any other flaws or for any other reason. Risk of loss in respect of any such goods or other items that are transported and/or delivered through Driver Services is borne by the party responsible for such goods or items at the applicable time, shall not be borne by and shall not pass to the Company at any time, and shall pass to the owner, recipient or purchaser of such goods or items in accordance with applicable law in respect of personal property. The Company is not a seller, reseller, manufacturer, commercial supplier or merchant of any goods or services (other than the Platform and the Hitch Services). THE COMPANY MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE WHATSOEVER THAT ANY GOODS OR SERVICES THAT ARE TRANSPORTED AND/OR DELIVERED THROUGH ANY DRIVER SERVICES ARE SAFE, LEGAL, OR WILL BE FREE FROM HARM OR DEFECTS OR WILL NOT CAUSE DAMAGES OR LOSS TO THE INTENDED OR ANY UNINTENDED END USER OF SUCH GOODS OR SERVICES, OR THAT ANY SUCH DRIVER SERVICES RELATED THERETO WILL BE ERROR FREE.
As a user on our Platform, you can learn more about the Platform and the Driver Services from the information contained on our Platform, which may include descriptions of the Driver Services, FAQs, other descriptions, instructions, pictures and/or videos about Platform functionality, use cases, processes and Rides. None of the aforementioned materials or any information available on or through the Platform shall be deemed to be a representation, warranty, guarantee, model or example of the quality, type, completeness, accuracy, workmanship, appropriateness, merchantability or fitness for intended purpose of the Platform, the Hitch Services, the Driver Services or any Rides.
The 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 Platform and/or the Hitch Services or any Driver Services, including the ability to provide or receive Rides or Driver Services at any given location or time. 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 Platform, the Hitch Services or any Driver Services will be accurate, complete, reliable, current, secure, uninterrupted, always available, or error-free, or will meet your requirements or expectations, that any defects in the Platform will be corrected, or that the Platform is free of viruses or other harmful components. We disclaim liability for, and no warranty is made with respect to, connectivity and availability of the Platform, the Hitch Services or any Driver Services.
We cannot guarantee that each Driver or Rider is who he or she claims to be. Please use common sense when using the Platform and any Driver 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 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 Ride or other Driver Services.
The Company is not responsible for the conduct, whether online or offline, of any user of the Platform, the Hitch Services or any Driver 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 any vehicle by Drivers or Riders. By using the Platform and participating in Rides or any Driver Services, you agree to accept such risks and agree that the Company is not responsible for the acts or omissions of users on the Platform.
You are responsible for the use of your user account and the Company expressly disclaims any liability arising from the unauthorized use of your user account. Should you suspect that any unauthorized party may be using your user account or you suspect any other breach of security, you agree to notify us immediately.
Location data provided by the 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 the Company, nor any of its partners that provide any Third Party Applications, guarantees the availability, accuracy, completeness, reliability or timeliness of location data tracked or displayed by the Platform. Any of your Content, including geo-locational data, that you Submit, upload, provide, or post on the Platform may be accessible to the Company and certain users of the Platform.
The Company advises you to use the Platform with a data plan with unlimited or very high data usage limits, and the Company shall not be responsible or liable for any fees, costs or overage charges associated with any data plan you use to access the Platform.
This paragraph applies to any version of the Platform that you acquire from the Apple App Store. This Agreement is entered into between you and the Company. Apple, Inc. (“Apple”) is not a party to this Agreement and shall have no obligations with respect to the Platform. The Company, not Apple, is solely responsible for the Platform and the Content thereof as set forth hereunder. However, Apple and Apple’s subsidiaries are third party beneficiaries of this Agreement. Upon your acceptance of this Agreement, Apple shall have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary thereof. This Agreement incorporates by reference Apple’s Licensed Platform End User License Agreement, for purposes of which, you are “the end-user.” In the event of a conflict in the terms of the Licensed Platform End User License Agreement and this Agreement, the terms of this Agreement shall control.
THE COMPANY SPECIFICALLY DISCLAIMS ALL LIABILITY FOR THE ACTS, OMISSIONS OR CONTRACTUAL OBLIGATIONS OF ANY RIDER, DRIVER OR OTHER USER, INCLUDING, BUT NOT LIMITED TO: (i) ANY CLAIMS FOR LOSS, INJURY, HARM, DAMAGE, COSTS, EXPENSES OR LIABILITIES ARISING OUT OF THE PROVISION OR SERVICING OF, OR PARTICIPATION IN, ANY RIDE OR OTHER DRIVER SERVICES, (ii) ANY CLAIMS RELATING TO THE FAILURE OF ANY ARRANGED OR SCHEDULE RIDE TO OCCUR IN A TIMELY MANNER OR AT ALL, (iii) ANY CLAIMS THAT ANY CONTENT PROVIDED ON THE SITE IS AN EXPRESS OR IMPLIED WARRANTY, REPRESENTATION OR GUARANTEE IN RESPECT OF ANY PRODUCTS, GOODS, SERVICES OR OTHER OFFERINGS, (iv) ANY CLAIMS AGAINST THE COMPANY INVOLVING OR RELATING TO ANY CONTRACTUAL, FIDUCIARY OR OTHER DUTIES UNDER ANY CONTRACT OR AGREEMENT BY AND BETWEEN DRIVERS AND RIDERS, OR OTHERWISE, (v) ANY CLAIMS AGAINST THE COMPANY RELATING TO TORTIOUS INTERFERENCE WITH ANY SUCH CONTRACT OR OTHER AGREEMENT, (vi) ANY CLAIMS THAT ANY SUBMITTED CONTENT INFRINGES UPON THE INTELLECTUAL PROPERTY RIGHTS OF ANY PERSON, (vii) ANY BREACH OF THIS AGREEMENT OR OTHER COMPANY POLICY BY ANY RIDER, DRIVER OR OTHER USER, AND (viii) ANY VIOLATION OF LAW APPLICABLE TO ANY RIDER, DRIVER OR OTHER USER IN CONNECTION WITH SUCH PERSON’S USE OF OR ACCESS TO THE PLATFORM, THE HITCH SERVICES OR ANY DRIVER SERVICES.
The Rides and Driver Services that are offered and arranged through the Platform are primarily long-distance Rides. The Company is not a “Transportation Network Company” under the meaning assigned to such term in the Administrative Rules of the Texas Department of Licensing and Regulation. Users who use the Platform to request and order Rides and Driver Services acknowledge that the Company is not and does not operate a transportation network company, nor is the Company required to maintain a transportation network company permit under such Administrative Rules or applicable law.
4. USER ACCOUNTS
In order to access certain features of the Platform, including offering, listing, requesting, posting, marketing, purchasing or arranging for Rides or Driver Services as a Rider or Driver, you will be required to create a user account. You may never use another user’s account without permission. When creating your account, you must provide accurate and complete information, and you must ensure that such information continues to be accurate and complete at all times. You may change, correct or remove any information from your account by logging into your account directly and making the desired changes. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify the Company immediately of any breach of security or unauthorized use of your account.
Although the Company will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses incurred by the Company or others due to such unauthorized use.
You agree not to register for an account on behalf of an individual other than yourself, or register for an account on behalf of any group or entity unless you are authorized to bind such person, group or entity to this Agreement. By registering another person, group or entity, you hereby represent that you are authorized to do so. You agree not to register for multiple Hitch accounts and to notify Hitch if you erroneously have done so.
5. FEES AND CHARGES
Fees Charged to Riders
As a Rider, you will be charged fees (“Fees”) for Rides and Driver Services that you purchase through the Platform. Any Fees charged to you through your user account for Rides and Driver Services will be payable by you through the Platform, which may include Third Party Applications for processing such payments. Fees charged to you for Rides and Driver Services ordered and purchased by you are as set forth on the Platform at the point of sale, and may include base fees for the applicable Ride or Driver Services, additional charges such as tolls, or, in certain cases, additional or premium fees or surcharges for certain Rides based on scheduled time or geographical location (such as but not limited to airports) or type of vehicle, time of day, day of week, or for any other reason as set forth at the point of sale on the Platform. Before you use the Platform functionality to order or purchase any Ride or Driver Services, you are responsible for reviewing the Fees displayed to you at the point of sale in respect of such Ride or Driver Services and you shall be responsible for all Fees incurred by you under your user account regardless of your awareness of such Fees or the amounts thereof. After you complete your order and purchase of such Ride or Driver Services, you will be responsible for payment of such Fees.
The Company charges and collects a percentage of the total Fees charged to Riders (the “Service Charge”) depending on the length of the applicable Ride provided and other factors. Currently, the Service Charge ranges between 20% and 30% of Fees charged to Riders for any given Ride and any associated Ride upgrades or add-ons, however, we reserve the right to change the Service Charge at any time and from time to time without notice. The Service Charge that we collect from the Fees charged to Riders through the Platform is the only fee or charge we assess upon and collect from our users, and such Service Charge is collected in respect of the Platform and the use thereof by users. While we use Third Party Applications to process payments of Fees by Riders and delivery of such Fees, net of our Service Charge, to Drivers, we do not collect, assess or charge any payment processing fees to our users in respect of such Third Party Applications other than the Service Charge. However, we reserve the right to change this policy at any time.
In addition to the Fees charged to Riders for the order and purchase of Rides and Driver Services, as set forth at the point of sale on the Platform for such Rides or Driver Services, Riders may, following a Ride, elect to pay an additional amount to the Driver as a tip for the Ride. Tips can be paid to Drivers using the Platform. No Service Charge or processing fees are deducted from any tips paid by Riders to Drivers, and the entirety of such tips are delivered to Drivers through the Platform.
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 reasonably determined by Hitch in its sole discretion), towards vehicle repair or cleaning. Hitch reserves the right to verify or otherwise require documentation of damages prior to processing the Damage Fee.
Other Terms Relating to Fees
With the exception of tips, cash payments are strictly prohibited. Your payment of Fees to the Company satisfies your payment obligation for your use of the Platform and any Driver Services that you order and purchase.
Riders may receive coupons, discount codes or other incentives that Riders can apply toward payment of certain Fees upon completion of a Ride. Such coupons, discount codes or other incentives are only valid for use on the Platform, and are not transferable or redeemable for cash except as required by law. Such coupons, discount codes or other incentives cannot be combined, and if the cost of your Ride exceeds the applicable credit or discount value we will charge your payment method on file for the outstanding cost of the Ride or other Driver Services. If you split payment for a Ride with another Rider, your coupon, discount code or incentive will only apply to your portion of the Fees. Additional restrictions on coupons, discount codes and incentives may apply as communicated to you in a relevant promotion or by clicking on the relevant promotion on the Platform.
If you are a Rider, in order to use the Platform to order and purchase Rides or Driver Services, you must provide account information for at least one current, valid payment method. By agreeing to this Agreement, you are giving the Company permission to charge your on-file credit card, PayPal account, or other approved methods of payment for Fees that you incur through the Platform. You authorize the Company to charge you the full amount owed in respect of any Fees due and payable by you.
Upon addition of a new payment method by you or each Ride request, order or purchase, the Company may seek authorization of your selected payment method to verify the payment method, ensure the Ride cost 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 charges by the bank issuing your debit or prepaid card. We cannot be held responsible for these charges and are unable to assist you in recovering them from your issuing bank.
If a Rider fails to pay amounts of Fees due and payable, whether by canceling his or her credit or debit card, initiating an improper chargeback, or any other means, the Company may suspend or close the Rider’s account and revoke the Rider’s access to the Platform. Without limiting other available remedies, the Rider must pay the Company upon demand for amounts owed under this Agreement, plus interest on the outstanding amount at the lesser of one and one-half percent (1.5%) per month or the maximum interest allowed by applicable law, plus attorneys’ fees and other costs of collection to the extent permitted by applicable law. To the extent permitted by applicable law, the Company, at our discretion, may make appropriate reports to credit reporting agencies and law enforcement authorities in cases of non-payment. The Company may share your applicable account information to authorized 3rd party collection agencies in the case of non-payment.
In cases of fraud, abuse, or violation of this Agreement by any Driver, the Company reserves the right to revoke or prevent the payment of any amounts due to such Driver unless prohibited by applicable law, and to seek reimbursement of any amounts paid to such Driver.
Cancellation and Refund Polices for Riders: Please review our Help Center to learn more about Hitch’s Cancellation and Refund policy
, including applicable fees.
Referral Program for Riders: As part of your User account, Hitch may provide you with or allow you to create a “Hitch Code,” a unique alphanumeric code for you to distribute to your friends and family (each a “Referred User”) to become new Hitch Riders (“Referred Riders”) or Drivers (“Referred Drivers”). Hitch Codes may only be distributed for promotional purposes and must be given away free of charge. You may not sell, trade, or barter your Hitch Code. You are prohibited from advertising Hitch Codes in any way, including through any of the following: Google, Facebook, Twitter, Bing and Craigslist. We reserve the right to deactivate or invalidate any Hitch Code at any time in our discretion.From time to time, Hitch may offer you with incentives to refer your friends and family to become new Users of the Hitch Platform (the “Referral Program”). These incentives may come in the form of Hitch Credits, and Hitch may set or change the incentive types, amounts, terms, restrictions, and qualification requirements for any incentives in its sole discretion. Your distribution of Hitch Codes and participation in the Referral Program is subject to this Agreement and any additional referral program rules that may exist.
6. DRIVER PAYMENT AMOUNTS FOR RIDES AND DRIVER SERVICES
Driver Payment Amounts
If you are a Driver, you will receive payment of a portion of the Fees charged to Riders for your provision of Rides and Driver Services to such Riders. Amounts of payment you receive in your capacity as a Driver for the provision of Rides and Driver Services (other than tolls and tips paid and remitted directly to you through the Platform) is referred to as your “Driver Payment Amount.”
The Company determines the amount of Fees that will be charged to any Rider for any particular Ride or other Driver Services posted, requested, offered, scheduled or arranged through, or facilitated by, the Platform. Fees in respect of a Ride may be based on time and location of the Ride, availability of Drivers to service the Ride, ability of the Platform to match one or more Riders with a Driver to service such Ride, and other factors, and such determination remains in our sole discretion. Information about the amount of Fees charged for a given Ride arranged on the Platform are made available to Drivers through the Platform or through communication from the Company to such Driver.
For each Ride and for any other Driver Services that are offered and arranged using the Platform, the Company charges the Service Charge (as described above). The Service Charge is not applied to toll charges, tips or any other charges other than the Fees charged relating to Rides or Driver Services (which Fees may include surcharges or premium Fees depending on the circumstances, as described above). The Driver Payment Amount for a given Ride will generally be equal to the Fees charged in respect of such Ride, less the Service Charge applied to such Fees. At this time, no additional fees or charges are charged to users for payment processing, although we reserve the right to revisit and revise our policy regarding the processing of payments at any time.
In addition to the Driver Payment Amount that your receive in respect of any Rides or Driver Services that you service for Riders, you will receive, if applicable: remittance for any tolls that are charged to users through the Platform to the extent charged separately from Fees, any tips provided by a Rider to you through the Platform, and any bonuses or incentives you earn based on your provision of Rides and Driver Services.
Cancellation of Rides
In situations where a Rider cancels your Ride in violation of our cancellation policy, we may charge the Rider a cancellation fee on your behalf. In those cases, your Driver Payment Amount will be the amount of the cancellation penalty charged to such Rider, less the applicable Service Charge.
Please check out our Help Center to learn more about Hitch’s Cancellation and Refund policy
, including applicable fees.
The Company reserves the right to adjust or withhold all or a portion of any Driver Payment Amounts or other payment or amounts owed to you (other than tips) (i) if it believes that you have attempted to defraud or abuse Riders, the Company, users, the Platform or our community, or our payment systems that may be serviced by Third Party Applications, or (ii) in order to resolve a Rider complaint regarding a Ride or Driver Services provided by you. The Company’s decision to adjust or withhold any Driver Payment Amount or other payment in any way shall be exercised in a commercially reasonable manner. We will use commercially reasonable efforts to ensure that your Driver Payment Amounts and any other payments or amounts remitted to you will be paid to you reasonably promptly. You acknowledge and agree that all payments owed to you shall not include any interest or taxes and will be net of any amounts that we are required to withhold by law (if any). You acknowledge and agree that You are responsible for timely paying any applicable taxes, including local, state, federal, income, property, self-employment, or sales taxes, to the respective agencies.
The Platform uses Third Party Applications to process payments through the Platform. Currently, payment processing services are provided by Stripe and subject to the Stripe Connected Account Agreement (available at https://stripe.com/us/connect-account/legal), which includes the Stripe Services Agreement (available at https://stripe.com/us/legal) (collectively, the “Stripe Terms”). By using the Platform to receive payment proceeds, you agree to be bound by the Stripe Terms, which may be modified from time to time. As a condition of the Company enabling payment processing services through Stripe, you authorize the Company to obtain all necessary access and perform all necessary activity on your Stripe Connected Account to facilitate your provision of Rides and Driver Services as contemplated by this Agreement. You further agree to provide accurate and complete information about you and your business, and authorize the Company to share such information with Stripe for the purposes of facilitating the payment processing services provided by Stripe. The Company reserves the right to switch payment processing vendors in its discretion without any advance notice to you.
7. ADDITIONAL DRIVER TERMS
Driver Representations, Warranties and Agreements
By offering and providing Rides and Driver Services as a Driver using the Platform, you represent, warrant, covenant and agree that, at all times during which you are a Driver and during which you provide any Rides or Driver Services:
You possess a valid driver’s license issued by the Secretary of State of the State of Texas and are authorized and medically fit to operate a motor vehicle and have all appropriate licenses, approvals and authority to provide Rides to Riders in the jurisdiction in which you provide Driver Services.
You own, or have the legal right to operate, the vehicle you use when providing Driver Services, and such vehicle is in good operating condition and meets the industry safety standards and all applicable statutory and state department of motor vehicle requirements for a vehicle of its kind, and is actively registered in the State of Texas, and such vehicle is in at least as good of a condition as is customary for vehicles used in other ride sharing platforms offering similar services to the Platform.
You will not engage in reckless behavior while driving, drive unsafely, operate a vehicle that is unsafe to drive, permit an unauthorized third party to accompany you in the vehicle while providing Rides and Driver Services, provide Driver Services as a Driver while under the influence of alcohol or drugs, or take action that harms or threatens to harm the safety of any Rider or any third parties.
You will only provide and service Rides and Driver Services when you have had adequate sleep and are not excessively tired, incapacitated or otherwise unable to provide safe transit to your passengers.
You will only provide Rides and Driver Services using the vehicle that has been reported to, and approved by the Company during your Driver Onboarding process, and for which a photograph has been provided to the Company, and you will not transport more passengers than can securely be seated in such vehicle in a seat with an operational seat belt.
You will not, while providing any Driver Services, operate as a public or common carrier or taxi service, accept street hails, charge for Rides (except through the Platform as expressly provided in this Agreement), demand that a Rider pay in cash, or use a credit card reader, such as a Square Reader, to accept payment or engage in any other activity in a manner that is inconsistent with your obligations under this Agreement. You may not, at any time, accept payment from any user or Rider in cash or in any other form except for payment that is processed through the Platform.
You will not while providing Driver Services stalk, threaten, or otherwise harass any person, or carry, transport, or conceal any unlawful or unregistered weapons;
You will not, while providing Driver Services, provide any services for or as a representative or independent contractor of any other ride share platform, company or service or any other service provider or company (e.g., grocery delivery, etc.).
You will not attempt to defraud the Company or Riders on the Platform or in connection with your provision of Driver Services. If we suspect that you have engaged in fraudulent activity we may withhold applicable Driver Payment Amounts for the Rides in question.
You will make reasonable accommodation for Riders and/or for service animals, as required by law.
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 this Agreement.
You have a valid policy of automotive liability insurance (in coverage amounts consistent with all applicable legal requirements and Company policy) that names or schedules you for the operation of the vehicle you use to provide Rides and Driver Services, and such insurance policy contains applicable ride share riders, addendums and coverage.
You will pay all applicable federal, state and local taxes based on your provision of Driver Services and any payments received by you.
You will at all times, while offering or providing Driving Services, comply with all policies and procedures for Drivers as provided to you by the Company and updated from time to time, and you will display prominently in your vehicle a copy of your driver’s license with photo identification, a copy of your insurance certificate certifying the insurance coverage required under Company policy with the same limits and coverages as the policy presented to the Company during Onboarding, which policy shall be in full force and effect. Any failure to comply with the Driver policies and procedures then in effect shall be deemed to be a breach of this Agreement.
You will, at all times, while providing Driving Services, keep your vehicle, including all passenger seats and spaces, free from clutter or dangerous items and in clean condition, free of excess dust, loose trash, dirt and debris.
All information provided by you to the Company during your Onboarding process or at any time thereafter, and any information you post or submit to the Platform that is related in any way to Driver Services offered or provided by you, is accurate, complete, up to date at all times during the term of this Agreement, and is not otherwise designed to mislead, defraud or deceive any user or the Company.
You will at all times comply with all applicable law in your capacity as a Driver and during any time that you use the Platform or offer, provide, deliver or conduct any Ride or other Driver Services, and you will otherwise provide, service, conduct and carry out any Rides or Driver Services in a good, professional and workmanlike manner using the same degree of care and professionalism that would be expected in any industry in which independent professional drivers provide transportation services that are similar to the Driver Services provided by you.
As between you and the Company, you, and not the Company, will be responsible for any accident, damage, harm, loss, injury or other event or incident caused by you or otherwise arising during any time that you provide or conduct any Ride or Driver Services, and the Company shall have no responsibility whatsoever to provide any coverage, through insurance policies or otherwise, relating to any such losses or damages arising out of any such event or incident.
You understand and agree that, as a Driver who offers and provides Rides and Driver Services to users and Riders using the Platform, (i) you are an independent contractor not under our control or employ, (ii) you provide services including Driver Services directly to users and Riders and not to us or the Platform, (iii) payments of Driver Payment Amounts to you are and shall be deemed to be payments in respect of such Driver Services that are paid by the applicable users and Riders to you, and such payments are not paid by us for any services performed for us, and therefore shall not be deemed to be payment for services to us, and (iv) you are solely responsible for any and all taxes applicable to or assessed in respect of any such Driver Payment Amounts that you receive, and we are not responsible and offer no advice whatsoever regarding any such taxes.
You understand and acknowledge that your Agreement with us, and your ability to use the Platform to offer and provide Rides and Driver Services through the Platform is subject to your compliance with the terms of this Agreement, and shall terminate upon any breach by you of any of the terms of this Agreement.
We are not responsible for any damage caused by any Rider or other user during any Ride or the provision of Driver Services, and, as a Driver providing Rides and Driver Services, you assume all risk for any such loss, harm, damage, injury or other claims that may arise in the course of your provision of Rides and Driver Services.
8. GENERAL USE OF THE SERVICES – PERMISSIONS AND RESTRICTIONS
As a user, the Company hereby grants you permission to access, view and use the Platform in accordance with this Agreement, provided that you agree that you will not, under any circumstances:
1. distribute in any medium, publicly display, publicly perform, communicate to the public, or create derivative works from any part of the Platform or the Content without our prior written authorization, unless the Company makes available the means for limited distribution through functionality offered on the Platform;
2. alter, copy, modify, reverse engineer, reproduce, deface, tarnish, mutilate, hack, interfere with, or otherwise use and exploit the Platform or any Content, except as permitted by this Agreement;
3. access Content through any technology or means other than as provided for on the Platform;
4. use the Platform for any commercial uses without our express written approval, including selling access to the Platform or any Hitch Services in any way;
5. use or launch any automated system, including, without limitation, “robots,” “spiders,” or “offline readers,” that accesses the Platform in a manner that sends more request messages to the Company’s servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser; provided, however, that the Company grants the operators of public search engines permission to use spiders to copy materials from the Platform for the sole and limited purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials; provided, further, that the Company reserves the right to revoke these exceptions either generally or in specific cases.
6. use any software, technology, or device to collect, scrape, crawl, manipulate or harvest any personally identifiable information or other data, including account names, from the Platform;
7. use any communication systems provided by the Platform (e.g., comments, email, sharing functions) for any commercial solicitation purposes, or solicit, for commercial purposes, any users of the Platform with respect to any of their Submitted Content;
8. transmit any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously or otherwise objectionable and offensive;
9. attempt to harass, abuse or harm another person or group;
10. use another user’s account without permission or impersonate another person;
11.. provide false or inaccurate information when registering for a user account, or interfere or attempt to interfere in any way with the proper functioning of the Platform;
12. upload, submit, transmit, post or link to malicious content intended to damage or disrupt another user’s browser or computer;
13. attempt to circumvent, disable or otherwise interfere with security-related features of the Platform or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Platform or the Content therein; or
14. use the Platform for any unlawful purpose or for the promotion of illegal activities.
A breach or violation of any of the above terms or any of the terms and conditions in this Agreement may, at our sole discretion, result in an immediate termination of your access to the Platform. We reserve the right to refuse Hitch Services to, or to terminate access to the Platform to, anyone for any reason at any time, or to discontinue any part of the Platform or Hitch Services or all of them at any time.