YUR DRIVERS NETWORK TERMS OF USE  

Last Updated: February 2024  

These Terms of Use (the “Agreement”) constitutes a legally binding agreement between you and Yur Drivers Network (collectively “Yur,” “we,” “us,” or “our”) governing your use of the Yur platform, website, technology, applications, and/or facilities (collectively the “Yur Platform”).  

By entering into this Agreement and/or using or accessing the Yur Platform, you expressly acknowledge and agree to the Agreement and all the terms herein. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, YOU MAY NOT USE OR ACCESS THE YUR PLATFORM OR ANY OF YUR’S SERVICES. Continuing to use or access the Yur Platform constitutes your acceptance of this Agreement and the terms herein. If you violate this Agreement, Yur may suspend or permanently disable your access to the Yur Platform.  

PLEASE NOTE THAT THIS AGREEMENT CONTAINS PROVISIONS THAT IMPACT HOW CLAIMS CAN BE BROUGHT BETWEEN YOU AND YUR, IN ACCORDANCE WITH SECTION 13 BELOW. THOSE PROVISIONS REQUIRE YOU TO  

(1) SUBMIT CLAIMS YOU HAVE AGAINST YUR TO FINAL AND BINDING ARBITRATION;  

(2) REQUIRE YOU TO SUBMIT SUCH ARBITRATION CLAIMS SOLELY ON AN INDIVIDUAL BASIS, AND NOT AS A PLAINTIFF OR MEMBER OF ANY CLASS ACTION, AND (3) WAIVE YOUR RIGHT TO A TRIAL BY JURY.  

1. The Yur Platform  

Yur Drivers Network provides the Yur Platform that connects individuals and groups in need of transportation to available destinations (the “Riders”) with Yur’s rideshare drivers (“Drivers”) who can provide transportation to the selected available destination. Riders, Drivers, and anyone else using the Yur Platform (excluding anyone who is not authorized to use the Yur Platform) are collectively called the “Yur Users.” The service provided by Yur, whereby Riders are connected to Drivers, shall be called the “Yur Rideshare Services.”  

As a Yur User, you authorize Yur to connect you with Drivers or Riders based on a variety of factors, including your requested pickup location, your requested drop-off location, the approximate pickup and/or drop-off time, if applicable, along with any other considerations that Yur may take into account when providing the Yur Rideshare Services.

When you, as a Yur User, accept the Yur Rideshare Services, such acceptance is within your sole discretion. A separate agreement is formed between Riders and Drivers when any Rider accepts the Yur Rideshare Services offered by a Driver.  

Your use and/or continued use of the Yur Platform and any services provided by Yur (collectively, the “Yur Services”), such use may be subject to additional agreements between you and Yur (collectively, the “Addenda”). Please carefully review all Addenda. IF YOU DO NOT AGREE TO BE BOUND BY THE ADDENDA, YOU MAY NOT USE OR ACCESS THE YUR PLATFORM OR YUR SERVICES, INCLUDING THE YUR RIDESHARE SERVICES. In the event of any conflict between this Agreement and any Addenda, the terms of this Agreement shall control, unless expressly stated in any applicable Addendum.  

2. Modification to the Agreement  

Yur reserves the right to modify this Agreement and any Addenda at any time, and such modifications shall be binding upon you when you accept them, including by continuing to use the Yur Platform following such modification. Yur reserves the right to modify any information on pages referenced in the hyperlinks from this Agreement from time to time, and such modifications shall become effective upon posting. Continued use of the Yur 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).  

3. Applicability of Additional Terms  

Additional terms, such as those governing referral program rules, may apply.  

4. Eligibility  

Only individuals with the appropriate right and authority to enter into this Agreement and who are fully capable of meeting the terms, conditions, and obligations stipulated herein are permitted to use the Yur Platform. The Yur Platform is not accessible to Yur Users whose accounts have been temporarily or permanently suspended or deactivated. You are prohibited from allowing others to use your Yur User account (each, a “Yur Account”), and you acknowledge that you are the sole authorized user of your Yur Account.

Use of your Yur User account on behalf of any third party is not allowed, except as expressly permitted by Yur. To access the Yur Platform, each Yur User must establish a Yur Account, with each person limited to creating only one Yur Account. Yur retains the right, in its sole discretion, to deactivate any additional or duplicate accounts. Participation in specific Yur programs and utilization of certain Yur services may be contingent upon meeting additional eligibility requirements as determined by Yur in Yur’s sole discretion. By signing up for a Yur Account and using the Services, you represent and warrant that you are at least 18 years of age.  

5. Revenue Sharing Platform  

As a user or driver with YUR Drivers Network Inc., you will benefit from our innovative, revenue-sharing platform. Our patented technology offers a unique opportunity for both drivers and passengers to increase their earnings. When you refer a new driver or passenger who signs up using your unique referral code, you will receive a 5% commission on every completed ride by your referrals (excluding taxes, tips, tolls, and other associated fees).This revenue-sharing model creates a win-win situation for all participants in our network. It incentivizes growth and rewards active engagement within our community. By leveraging this feature, users can potentially create a passive income stream while contributing to the expansion of our ride-sharing ecosystem.  

6. Restrictions  

When you use the Yur Platform, Yur Rideshare Services, or any other Yur Services, you expressly agree that you will not:

● Impersonate any person or entity.

● Stalk, threaten, or otherwise harass any person, or carry any weapons.

● Violate any law, statute, rule, permit, ordinance, or regulation.

● Interfere with or disrupt the Yur Platform or the servers or networks connected to the Yur Platform.

● Post or provide any information or interact with the Yur Platform, Yur Drivers, Yur Riders, Yur Services, including the Yur Rideshare Services, in a manner that is fraudulent,libelous, abusive, obscene, profane, sexual in nature, harassing, or illegal.

● Forge headers or otherwise manipulate identifiers to disguise the origin of any information transmitted through the Yur Platform. ● “Frame” or “mirror” any part of the Yur Platform without our prior written authorization or use meta tags or code or other devices containing any reference to us to direct any person to any other website for any purpose.

● Modify, adapt, translate, reverse engineer, decipher, decompile, or otherwise disassemble any portion of the Yur Platform.

● Rent, lease, lend, sell, redistribute, license, or sublicense the Yur Platform or access to any portion of the Yur Platform.

● 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 Yur Platform, or in any way reproduce or circumvent the navigational structure or presentation of the Yur Platform or its contents.

● Link directly or indirectly to any other websites.

● Transfer, lend, or sell your Yur Account, password and/or identification, or any other Yur User’s Information to any other party.

● Use a false email address or other false 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 Yur Platform.

● 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.    

● Violate the rules of any referral program or promotional program to which you participate.

● Commercialize the Yur Rideshare Services, Yur Platform, or other services provided by or through Yur without express permission and a written agreement with Yur.

● Misuse or abuse the Yur Rideshare Services or Yur Platform, as determined by Yur in its sole discretion.

● Circumvent or attempt to circumvent any measures implemented by Yur to prevent or address violations of this Agreement.

● Cause any third party to engage in the restricted activities above.  

7. Community Guidelines  

Yur reserves the right to set Community Guidelines that will govern your use of the Yur Rideshare Services. In that event, the applicable Community Guidelines will be provided to you by Yur.  

8. Fees and Payments  

You acknowledge that Yur reserves the right to charge you fees, taxes, and/or surcharges for accessing the Yur Services, using the Yur Services to make Reservations, and for incidents related to transportation, delivery, or logistics services reserved or received through the Yur Services (collectively referred to as “Fees”). All Fees are non-refundable unless determined otherwise by Yur.

If you are a Rider, the Fees that Yur may charge you include:

● Service Fees and Reservation Fees: These Fees may be assessed if you request specific Yur Services or make a Reservation.

● Tips: You may use the Yur Services to tip your Driver, and any tips provided will go entirely to the Driver, not retained by Yur.

● Cancellation or No-Show Fees: If you cancel a Reservation or fail to be present at the designated time and place, Yur may charge you Fees for cancellations or no-shows.Repeated instances may result in the suspension or deactivation of your account at Yur’s discretion.

● Cleaning and Damage Fees:Yur may charge you Fees if a Driver’s vehicle’s interior or exterior is damaged or dirtied due to intentional, reckless, or negligent acts by you or your guest(s), such as aggressive door slamming, vomiting, or pet hair. Yur reserves the right to verify damages before processing such Fees.    

● Tolls, Surcharge, and Third-Party Fees: Yur may charge you Fees related to tolls,surcharges, airport fees, state or local fees, and event fees. Yur will also collect applicable taxes if required by law.  

Yur retains the right to establish, remove, consolidate, and revise prices, fees, taxes, and surcharges for services obtained through the Yur Services at any time.  

Depending on the Yur Services you use, you may need to select a payment method when creating a Yur Account. Yur does not directly collect or store full debit or credit card numbers; all payments are facilitated through third-party processors.Yur may replace its third-party payment processor without prior notice to you.  

For drivers providing services to YUR passengers:  

You, as a driver, understand that you are an independent contractor and NOT an employee of YUR Drivers Network. Furthermore, you understand that you accept to perform the services and agree to accept the fare as outlined in the app before accepting any transportation service without any pressure or obligation. You can decline and not accept the service offered if you disagree with the fare for servicing the passenger or the destination where the passenger requested said service.   You further understand that as an independent contractor, you provide your service to YUR as a consultant, not an employee. For such service rendered to YUR, you will receive a 1099 IRS form for tax purposes and are solely responsible for paying your tax obligations. You further understand and agree that you are hereby entering this agreement voluntarily. You agree to provide YUR your tax verification credentials when requested and shall provide your social security number and/or tax ID number before receiving payments. Payments you are entitled to receive when rendering your service to YUR.   Your private information shall be guarded, kept saved, and in no way, shape, or form shall be used for any purpose but for issuing a 1099 form.

9. Referral Programs and Promotions  

Yur may, in Yur’s sole discretion, offer you promotions or the opportunity to participate in referral programs. Your participation in such programs is subject to this Agreement and any additional terms that may apply.  

10. Intellectual Property  

The Yur Platform and all related content are either owned by or licensed to Yur, making them protected by copyright, trademark, trade dress, domain name, patent, trade secret, international treaties, and/or other intellectual or proprietary rights and laws of the United States and other countries.

Yur Content

All elements within the Yur Platform, including designs, text, graphics, images, video, information, logos, button icons, software, audio files, computer code, photos, interactive features, service marks, trade names, and other content and trademarks (collectively referred to as “Yur Content”), along with the compilation of any Yur Content, are the property of Yur or its licensors. They are subject to copyright, trademark, and other intellectual property rights in the United States and other countries. The term “content” in these Terms encompasses text, graphics, images, video, information, logos, button icons, software, audio files, computer code, or other materials.  

Yur Marks  

Yur, including logos, designs, graphics, icons, scripts, service marks, and trade names used in the Yur Platform (collectively known as the “Yur Marks”), are the intellectual property of Yur or its licensors. Without prior written permission from Yur, you agree not to display, reference, or use the Yur Marks in any manner. If granted written permission, you may only use specific Yur Marks obtained directly from Yur for the permitted purpose.  

License to You

Subject to your compliance with this Agreement, Yur grants you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to access and use the Yur Platform solely as permitted herein to use the Yur Services available to you, subject to all terms and conditions, and in compliance with applicable laws. Any other use is strictly prohibited. Nothing in the Yur Platform or the Yur Content grants you a license or right to use any of these without the express written permission of Yur or the relevant third-party owner. Any rights not expressly granted herein are reserved by Yur and its licensors.  

The limited license is revocable at any time, with or without notice, and with or without cause.Unauthorized use of Yur Content or Yur Marks is prohibited and actionable by Yur. If Yur grants written permission to make copies of Yur Content, you must preserve all copyright, trademarks, service marks, and other proprietary notices contained in the original Yur Content on any such copy.  

You acknowledge and agree that your use of the Yur Platform does not grant you any right, title,or interest in or to Yur Content or the Yur Marks.  

11. Disclaimers  

Yur does not engage in the provision of transportation services, and it is not to be considered a transportation carrier. It does not operate as a common carrier or public carrier. The decision to offer a ride to a Rider contacted through the Yur Platform rests with the Driver, and the Rider is responsible for determining whether to accept a ride from any Driver connected through the Yur Platform. The completion of an arranged transportation service by a Driver or Rider is not guaranteed. Yur exercises no control over the quality or safety of the transportation resulting from the Rideshare Services. Any safety-related initiatives, processes, policies, standards, or other measures implemented by Yur do not indicate an employment or agency relationship with any User.  

The Yur Platform is provided on an “as is” basis and without any warranty or condition, whether express, implied, or statutory. We make no guarantees and do not commit to specific results arising from the use of the Yur Platform, the Yur Rideshare Services, or any other Yur Services, including the ability to provide or receive Rideshare Services at any particular location or time. Yur retains the right, for instance, to restrict or eliminate access to the Yur Platform for Yur Rideshare Services, and/or other Yur Services in specific geographic areas and/or at specific times based on, without limitation, considerations of commercial viability, public health, or changes in the law. To the fullest extent allowed by law, we explicitly disclaim any implied warranties of title, merchantability, fitness for a particular purpose, and non-infringement. The foregoing disclaimer may not apply to you if you are in a state where the disclaimer of implied warranties is not permitted.  

Yur does not warrant that your use of the Yur Platform, Yur Rideshare Service, or other Yur Services will be complete, accurate, constantly available, error-free, that it will meet your requirements, or that defects will be corrected. Yur also does not warrant that the Yur Platform will be free of viruses or other harmful components. Yur disclaims liability for, and no warranty is provided concerning, the connectivity, availability, accuracy, completeness, and reliability of the Yur Platform, Yur Rideshare Service, or other Yur Services, including mapping, navigation, estimated arrival times, and routing services. Your conduct and its consequences while using the Yur Platform are your responsibility at all times.

Verification of the identity of each Rider or Driver is not guaranteed by us. It is advisable to exercise common sense when using the Yur Platform and Yur Rideshare Service. Additionally,there are inherent risks related to interactions with individuals who may be underage or acting under false pretenses. We bear no responsibility or liability for any content, communication, or use/access of the Yur Platform by individuals under the age of 18 in violation of this Agreement.We strongly encourage direct communication with each potential Driver or Rider before engaging in an arranged transportation service.  

Yur disclaims responsibility for the conduct, whether online or offline, of any Yur Users utilizing the Yur Platform, Yur Rideshare Service, or other Yur Services. Your interactions with other Yur Users are solely your responsibility. The procurement of insurance for personal belongings left in the car by Drivers or Riders is not facilitated by Yur, and we are not liable for such lost or damaged items. By engaging with the Yur Platform and participating in the Yur Rideshare Service, you acknowledge and accept these risks, agreeing that Yur is not accountable for the actions or omissions of Yur Users on the Yur Platform or involved in the Yur Rideshare Service or other Yur Services.  

The use of your Yur Account is your responsibility, and Yur expressly disclaims any liability arising from the unauthorized or wrongful use of your Yur Account.  

The location data furnished by the Yur Platform serves basic location purposes exclusively and is not intended for use or reliance in critical situations requiring precise location information. In scenarios where inaccurate or incomplete location data may result in death, personal injury, or damage to property or the environment, reliance on this data is discouraged. Yur and its service providers do not assure the availability, accuracy, completeness, reliability, or timeliness of the location data tracked or displayed on the Yur Platform. Information you upload, provide, or post on the Yur Platform, including geolocation data, may be accessible to Yur and certain Yur Users.  

12. Limitation of Liability  

NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, RELIANCE, PUNITIVE DAMAGES OR LOST PROFITS EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OTHER THAN WITH RESPECT TO THE FEES PAID OR PAYABLE UNDER THIS AGREEMENT, YUR’S TOTAL LIABILITY FOR ALL CLAIMS WILL BE LIMITED TO DIRECT DAMAGES EQUAL TO THE FEES PAID OR PAYABLE TO YUR WITH RESPECT TO THE PARTICULAR YUR SERVICES, AS APPLICABLE, OUT OF WHICH THE CLAIM AROSE IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO SUCH CLAIM.

13. Indemnity  

Yur will indemnify, defend, and hold you harmless from third party claims against you to the extent such claims are the result of a court order and to the extent such claims hold that the Yur Platform or Yur Services infringe upon or violate a third party’s intellectual property rights. If the Yur Platform or Yur Services are found to be infringing, or if Yur believes such Yur Platform or Yur Services may be subject to a claim of infringement, Yur may, in its sole discretion, choose to:(1) modify the applicable portion of the Yur Platform or Yur Services to render such portion non-infringing, (2) obtain a license for you to continue using the Yur Platform or Yur Services, or (3) terminate the Agreement and refund a pro-rata portion of any pre-paid fees you paid to Yur. Yur’s indemnity obligations shall not apply to your use of the Yur Platform or Yur Services in violation of this Agreement or to infringement arising from data or content not provided by Yur. This section sets forth Yur’s sole liability and your sole remedy with respect to infringement or other violations of intellectual property rights.  

You will indemnify, defend, and hold Yur harmless from all losses, damages, liabilities, actions,claims, settlements, costs or expenses, including reasonable attorneys’ fees (the “Losses”) arising out of any third party claim regarding your use of the Yur Platform, Yur Rideshare Service, or other Yur Services, as applicable. Your indemnity obligations shall not apply to claims resulting from Yur’s gross negligence or willful misconduct.  

14. Dispute Resolution, Arbitration Agreement, and Class Action Waiver  

Any controversy or claim arising out of or relating to this Agreement shall be resolved solely by binding arbitration to be conducted in New York County, New York in accordance with the then current Commercial Arbitration Rules of the American Arbitration Association (the “AAA”). Neither party shall object to New York County as a convenient forum. The arbitrator’s decision will be final and binding upon the parties. Judgment on the arbitrator’s award may be entered in any court having jurisdiction thereof. Each party shall be responsible for its own costs of arbitration and attorney’s fees. EACH PARTY HERETO HEREBY WAIVES ALL RIGHTS TO TRIAL BY JURY IN ANY ACTION OR PROCEEDING WHICH PERTAINS DIRECTLY OR INDIRECTLY TO THIS AGREEMENT OR ANY order form OR OTHER AGREEMENT WHICH, IN ANY WAY, ARISES OUT OF OR RELATES TO THIS AGREEMENT. ANY CLAIMS UNDER THIS AGREEMENT SHALL PROCEED INDIVIDUALLY AND NO PARTY SHALL JOIN IN A General  

Except as otherwise provided herein, this Agreement shall be governed by the laws of the State of New York without regard to choice of law principles. If any provision of this Agreement is found to be non-binding or invalid, the other provisions shall remain in full force and effect and shall continue to bind the parties to this Agreement. In such event, the parties shall replace the relevant provision with provisions that are valid, binding, and that have, to the fullest possible extent, a similar effect as the provision found to be invalid or nonbinding.

You may not assign this Agreement without Yur’s express prior written permission, and any attempt to assign this Agreement without such permission shall be null and void. You agree that this Agreement, including any applicable Addenda, may be assigned or delegated by Yur in Yur’s sole discretion, by providing notice to you within a reasonable time following such delegation or assignment.  

Yur’s failure to act with respect to your breach does not constitute a waiver of Yur’s rights or remedies. This Agreement, along with any applicable Addenda, sets forth the entire agreement and understanding between you and Yur, and supersedes any and all previous oral or written understandings and agreements between the parties.