Welcome to HyreCar! This Terms of Service (this “Agreement”), and all of the policies included on our sites (both mobile and web), collectively create the terms on which HyreCar offers you access and use of its services, which include the use of the HyreCar site (both mobile and web), products and marketplace (collectively, the “Services”). If you decide to access and use the Services, you agree to be bound by this Agreement. If you do not wish to be bound by these terms, do not access or use the Services.
We think it’s important to talk about our arrangement. HyreCar is a marketplace, which means that it is a technology platform that helps owners of vehicles (“Owners”) find drivers who temporarily need a vehicle (“Drivers”) for use with transportation network companies, or transportation companies that help connect drivers and passengers. HyreCar does not rent vehicles, accordingly, any and all vehicle rental agreements you may enter into are directly between an Owner and a Driver.
HyreCar’s goal is to create and maintain a marketplace of trustworthy Owners and Drivers. Although HyreCar can help to facilitate the transaction between Owners and Drivers, we do not guarantee the quality or safety of the vehicles listed on our site, nor can we guarantee the truth or accuracy of listings, or whether Owners and Drivers will actually consummate a transaction, including the completion of any payment obligations.
- Using HyreCar.
To use the Services, you must create an account with HyreCar by providing certain complete and accurate information and documentation, including (but not limited to) your name, date of birth, other identifying information, a certification that you have passed a background check with a transportation network company and a valid email address and password (collectively, a “User Account”). You must be at least 21 years of age and hold a valid drivers’ license to create a User Account with us. Each Driver and Owner may open and maintain one User Account with HyreCar.
When you set up a User Account, you agree to allow HyreCar to obtain and review your personal credit reports and to conduct a background check, which may include a criminal background check. This Agreement is consistent with the Fair Credit Reporting Act, and any other consumer protection or other laws that may apply. You also give your permission for HyreCar to re-pull, refresh or otherwise conduct a background check at any time during which your User Account is active, although HyreCar will have no obligation to do so.
HyreCar reserves the right to decline, restrict or otherwise take action against you and your User Account based on any information included in any such background or credit check. HyreCar can terminate or restrict your User Account for any or no reason at any time.
- Owners and Drivers.
In connection with using and accessing the Services, you agree that you:
- Will abide by HyreCar’s rules and policies;
- Will abide by all local, state and federal laws and regulations;
- Will honor the agreements you make with other users, including paying for the Services and delivering and returning Owners’ vehicles as promised;
- Will honestly represent yourself and your vehicle in your listing(s) and communications with HyreCar and other users;
- Will honestly represent any claims or allegations of damage;
- Have the full right, capacity and authority to enter into a legally binding agreement regarding the Services;
- Will be responsible for your User Account with HyreCar;
- Will work in good faith to resolve any disagreement with other HyreCar users; and
- Consent to the use of an electronic tracking device in the rented Owner vehicle. Specifically, the Owner agrees to install a GPS tracking device in all Owner’s vehicles listed on Hyrecar’s sites and Driver agrees not to tamper with, disable or remove such GPS tracking device for any reason. Any failure to install, activate or actively maintain such GPS Tracking device in good working order is a violation of this Agreement and a basis for denying any adverse claims against HyreCar or its insurer.
In connection with using and accessing the Services, you agree that you will not:
- List, publish or communicate inappropriate or false content, including content that is inaccurate, offensive, defamatory, or otherwise inappropriate;
- Assign or transfer your User Account to any other entity or person;
- Continue to use the Services if your User Account has been suspended or otherwise restricted by HyreCar;
- Interfere with the listings of any other Owner or the Services provided by HyreCar. Further, you will not take any action to circumvent the Services, including completing, initiating, arranging or executing any transactions between an Owner and a Driver outside the HyreCar platform;
- Harvest or use the information you receive from other HyreCar users or otherwise use any robots, spiders or other data collection or scraping tools to collect information about HyreCar or its users;
- Distribute spam or other unsolicited marketing communications to users of HyreCar or anyone else using the technology or services of HyreCar;
- Distribute any viruses or similar code that may harm HyreCar or the users of HyreCar or otherwise interfere with the services of HyreCar;
- Infringe any intellectual property rights including trademark, copyright, patent, publicity and moral that belong to or are licensed by HyreCar. This includes reproducing, copying, reverse engineering or otherwise preparing derivative works from content belonging to, or licensed by, HyreCar;
- Harass, threaten or harm any other HyreCar User;
- Contact any other user through the HyreCar platform for any purpose other than those related to the HyreCar Services; or
- Avoid or otherwise circumvent measures created or used by HyreCar to provide its Services.
Owners and Drivers must adhere to these commitments. Failure to meet these commitments may result in account suspension, additional fees, content removal or demotion in search, or other actions, including legal action, against you. HyreCar may, in its sole discretion and without limitation, limit your access to its Services (through account suspension, closure or other methods). HyreCar may further terminate or refuse to offer all or part of its Services to anyone for any reason, in its sole discretion.
Owners and Drivers further agree that each will enter into, and adhere to, a Vehicle Rental Agreement when transacting with each other as part of using the HyreCar Services. This Vehicle Rental Agreement will cover terms including pricing, fees, liability for any traffic and/or parking violations, issues related to the use of the vehicles and any damage related to that use.
Owners and Drivers are expected to resolve any disputes, including alleged damage or other issues, directly with one another.
In exchange for your compliance with this Agreement, HyreCar grants a limited, non-exclusive, non-sub licensable, revocable, non-transferable license to you to access and use the Services. Any and all rights not expressly granted are hereby reserved by HyreCar.
There is no fee for Owners to list their vehicle(s) or for Drivers to search for vehicles on the HyreCar platform.
Drivers and Owners will enter into a vehicle rental agreement that will specify the terms of the rental including the duration, costs, fees and other relevant information (a “Vehicle Rental Agreement”). HyreCar will charge a fee, payable by the Driver and Owner, equal to a specified percentage of the aggregate Vehicle Rental Agreement price. Drivers and Owners will be notified of the amount owed to HyreCar before completing the booking and Vehicle Rental Agreement process. After Driver and Owner agree to a price, and sign the Vehicle Rental Agreement, the Driver will make a payment to the Owner using the HyreCar platform payment portal.
You agree that you will have a valid payment method on file in your User Account at all times, and you agree to pay all fees and applicable taxes associated with the Services by the payment due date. If your payment method fails or your account is past due, we may collect fees owed by charging other payment methods on file with us, retain collection agencies and legal counsel. You may also be subject to late fees and collection agencies who may report information about your account to credit bureaus, and as a result, late payments, missed payments, or other defaults on your account may be reflected in your credit report.
- Listing Requirements.
Owners, when you list a vehicle that you own on the HyreCar platform, you hereby agree to comply with all of the following:
- You agree to be accurate and truthful in all descriptions of your vehicle;
- You will use current photographs of the actual vehicle that will be listed in each and every image;
- You will adhere to HyreCar’s policies, including policies related to offensive or defamatory language;
- You will maintain only one active listing, per vehicle, at a time.
- Listing Content and Content Generally.
For any content you provide related to the Services, you represent and warrant that you own or otherwise control the rights to the content, and such content does not infringe the intellectual property rights of any third party. You further grant HyreCar a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exercise all intellectual property rights you have in such content as it relates to the promotion of the HyreCar Services in any media known now or developed in the future. You further waive your right to enforce against HyreCar, and all assignees, sub-licensees and other affiliates, any intellectual property right that you have in the content you provide.
The name “HyreCar” and all other HyreCar marks, logos, designs, and phrasing used in connection with our Services are trademarks, service marks, or trade dress of HyreCar in the United States may not be used without the prior and express written permission of HyreCar.
Any claims of copyright infringement must be sent to HyreCar at email@example.com
As part of the Services, HyreCar offers limited insurance to Drivers and Owners. Insurance information will be delivered to Driver and Owner at the time of booking. HyreCar insurance is limited to caps of $300,000 in liability insurance and $25,000 in physical damage insurance. A $2,500 deductible will be applied to the Driver for physical damage claims.
The HyreCar policy serves as primary insurance when a Driver has picked up a vehicle from an Owner and when the Driver has a TNC application turned-on. The HyreCar insurance is secondary when the Driver is engaged in a ride facilitated by a Transportation Network Company (as soon as a ride is accepted).
HyreCar’s insurance does NOT replace an Owners requirement to maintain personal or other insurance as required by law. HyreCar’s insurance will not provide any state filings for you to obtain a vehicle plate or to annually renew a sticker or other State Requirement.
Hyrecar’s insurance only provides limited Livery insurance while temporarily operating on the Hyrecar site.
- Authorization to Contact You.
You agree that HyreCar and its service providers and affiliates may contact you using autodialed or prerecorded calls and text messages, at any telephone number that you have provided to HyreCar. You agree that we may contact you to (1) discuss your account, including any transactions related to your account; (2) address or resolve any issues or problems with your account; (3) resolve a dispute (4) collect any amounts due or past due; (5) inquire about your experience using our Services; (6) as necessary to provide the Services to you; or (7) for marketing purposes, including any offers or promotions related to the Services.
You agree that HyreCar may send text messages to you as part of the Services. You may opt out of receiving these text messages by texting the word STOP to [add number] from the mobile device receiving the messages. If you opt out of receiving messages, you understand and acknowledge that you may not receive the full value of HyreCar’s Services.
HyreCar may collect other telephone numbers for you and make calls to any of those numbers, including autodialed numbers. You acknowledge and understand that standard telephone and data charges may apply, including overage fees or charges, depending on your phone or data plan, and that you will be responsible for these fees and charges. If you do not wish to receive these communications, you may change your preferences on your profile page.
You allow HyreCar to share your telephone numbers with its service providers and these service providers may contact you using autodialed, prerecorded or other methods, and may contact you using text or other messaging. HyreCar may monitor or record telephone conversations for quality control, training purposes or for its own protection
- Disclaimer of Warranties and Limitation of Liability.
HYRECAR IS A MARKETPLACE, WHICH MEANS THAT IT IS A TECHNOLOGY PLATFORM THAT HELPS VEHICLE OWNERS AND DRIVERS WHO TEMPORARILY NEED THE USE OF A VEHICLE AND VICE VERSA. HYRECAR DOES NOT RENT VEHICLES AND HYRECAR IS NEITHER RESPONSIBLE NOR LIABLE FOR THE ACTS OR OMISSIONS OF ITS USERS, THE VEHICLE MANUFACTURERS OR ANY THIRD PARTY PRODUCT OR SERVICE PROVIDERS THAT MAY AFFECT THE USE OF ANY VEHICLES MADE AVAILABLE BY USERS ON ITS TECHNOLOGY PLATFORM.
HYRECAR’S SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” HYRECAR DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS AND CONDITIONS. THIS INCLUDES ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. HYRECAR MAKES NO REPRESENTATION AND DOES NOT GUARANTEE SUCH THINGS AS QUALITY, SUITABILITY OR RELIABILITY OF THE SERVICES, WHICH INCLUDES SUCH THINGS AS THE QUALITY, FUNCTIONALITY OR AVAILABILITY OF ANY VEHICLE. HYRECAR DOES NOT REPRESENT OR GUARANTEE THAT THE SERVICES WILL BE ERROR FREE, NOR DOES IT REPRESENT OR WARRANTY A PARTICULAR QUALITY, SUITABILITY OR SAFETY. YOU AGREE THAT ANY AND ALL RISK ARISING OUT OF USING THE SERVICES REMAINS SOLELY WITH YOU, TO THE EXTENT ALLOWED UNDER ALL APPLICABLE LAW.
HYRECAR WILL NOT BE LIABLE FOR ANY INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH WOULD INCLUDE, BUT IS NOT LIMITED TO, LOST PROFITS OR DATA, GOODWILL, INJURY OR INTERRUPTIONS OF SERVICE. THESE LIMITS EXTEND TO ANY AND ALL POSSIBLE LEGAL CLAIMS AND THEORIES. HYRECAR SHALL NOT BE LIABLE FOR ANY LIABILITY OR DAMAGE RELATED TO OR ARISING OUT OF YOUR USE OF (OR INABILITY TO USE) THE SERVICES OR ANY TRANSACTION OR INTERACTION WITH ANY OTHER USER OF THE SERVICES. YOU UNDERSTAND THAT HYRECAR PROVIDES THE TECHNOLOGY AND PLATFORM FOR YOU TO INTERACT WITH OTHER USERS, AND AS SUCH HYRECAR CANNOT AND DOES NOT GUARANTEE ANY PARTICULAR PERFORMANCE. IN ANY AND ALL EVENTS, HYRECAR’S TOTAL LIABILITY TO YOU WILL NOT EXCEED $2,500. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE §1542 WHICH STATES THAT “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THIS RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” THE LIMITATIONS IN THIS SECTION NEITHER LIMIT NOR ALTER ANY RIGHTS YOU MAY HAVE AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.
You agree that you will indemnify and hold HyreCar and its officers, directors, employees and agents harmless from any and all claims, demands, losses, liabilities and expenses, which may include attorneys’ fees, arising out of or in connection with (1) your use of the Services; (2) your breach or violation of any of the terms on which the Services are offered to you; (3) your breach or violation of any of the terms on which you agree with other users, which can include loss or damage to any vehicle and any loss or damage rising from the use of any vehicle.
- Dispute Resolution.
a. Disputes between You and HyreCar.
i. Arbitration. You agree that you will resolve any disputes with HyreCar, including those related to the Services (including termination and enforcement of the terms of this Agreement), and any and all agreements you have with HyreCar (including issues related to interpretation of any agreements) through binding arbitration between you and HyreCar. However, each party will retain the right to file and pursue an individual action in a small claims court and/or the right to pursue injunctive relief in a court of competent jurisdiction to the extent there is the threat of, or actual, infringement or violation of a party’s intellectual property rights, including copyrights, trademarks or patents.
You fully acknowledge and agree that by entering into this Agreement you and HyreCar waive the right to a jury trial or to participate, as a class member or plaintiff, in a class action or similar representative proceeding. Unless you and HyreCar reach an agreement in writing, any and all arbitration actions may proceed as individual actions only, and may not take the form of any class-like proceeding.
ii. Arbitration Rules and Process. Any arbitration will be administered by the American Arbitration Association (“AAA”) and will be governed by the Consumer Arbitration Rules available at www.adr.org, except as modified by this Agreement. You may also access the arbitration rules by contacting AAA directly at 1-800-778-7879.
The arbitration process is as follows. Any party who wishes to pursue arbitration must first provide the other party with notice of the dispute. The notice of dispute is the opportunity for both parties to better understand the facts underlying the dispute and to try and reach resolution quickly. Notice of disputes delivered to HyreCar must be sent by email to firstname.lastname@example.org or by certified mail or FedEx (where signature is required for delivery) to 555 West 5th Street, Los Angeles, CA 90013. The notice must include the user’s full name, user identification number or name, valid email address and phone number(s), the best times to contact the user and a description of the nature of the dispute, including important facts and the outcome the user is seeking.
If after 30 days, from the delivery, of the dispute the parties have not reached resolution, and the parties have not agreed to additional time to resolve the issues, either party may initiate arbitration proceedings, as specified at www.adr.org. The site provides Demand for Arbitration documents, including a form for California residents. Following AAA procedures, if a party completes a Demand for Arbitration, that party must deliver a copy of the Demand to the opposing party. The arbitrator shall either be a retired judge or an attorney licensed to practice law in the state of California. If the parties cannot agree on an arbitrator included on the list of arbitrators meeting these requirements and provided by AAA, then AAA will appoint an arbitrator to the dispute who meets these requirements.
Unless the parties agree otherwise, the arbitration will be held in the county in which you reside. If the claim does not exceed $25,000 either party may request that the arbitration be conducted solely upon written submissions to the arbitrator. This request is subject to the arbitrator’s decision to require an in-person or telephonic hearing, regardless of the amount in dispute. Consistent with AAA rules, the arbitrator can require the parties to share necessary information, but all rules of privilege will be recognized.
iii. Arbitration Decisions. As outlined in the AAA rules, the arbitrator will issue a decision in the applicable timeframe and include the findings and conclusions relevant to the judgment. Such decision will be consistent with this Agreement, including any Limits of Liability that may be applicable. Any injunctive relief shall be limited to the particular claimant, and be awarded only to provide the necessary relief. The arbitration judgment may be entered in any court of law having jurisdiction over the matter.
iv. Arbitration Costs. AAA rules will govern the responsibilities for arbitration payment. If the claim does not exceed $25,000, HyreCar will reimburse you for any fees you pay to AAA. If, however, the arbitrator finds that your claim was either frivolous or based on an improper purpose (consistent with the Federal Rules of Civil Procedure 11(b)), HyreCar will not be required to reimburse you for any AAA fees related to the particular arbitration.
b. Disputes between You and another User.
i. Arbitration. You agree that you will resolve any disputes between you and other users (Owners or Drivers), including those related to (A) the Services (including termination and enforcement of the terms), and (B) any and all agreements you have with HyreCar (including issues related to interpretation of any agreements), through binding arbitration administered by Fair Claims (www.FairClaims.com), and not in a court of law, in accordance with Fair Claims Arbitration Rules and Procedures effective at the time a claim is made. You further agree that judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
ii. Arbitration Rules and Process. Any arbitration will be administered by Fair Claims (www.FairClaims.com) and will be governed by its Arbitration Rules and Procedures.
The arbitration process is as follows: Any party who wishes to pursue arbitration must first provide the other party with notice of the dispute. The notice of dispute is the opportunity for both parties to better understand the facts underlying the dispute and to try and reach resolution quickly. Notice of disputes must be delivered to HyreCar via email to email@example.com or via certified mail or FedEx (where signature is required for delivery) to 555 West 5th Street, Los Angeles, CA 90013. The notice must include the user’s full name, user identification number or name, valid email address and phone number(s), the best times to contact the user, a description of the nature of the dispute, including important facts and the outcome the user is seeking, and any documents relating to the dispute. All information and documents related to the dispute must be provided within one month after an incident to initiate a claim.
If after 14 days, from the delivery, of the dispute the parties have not reached resolution, and the parties have not agreed to additional time to resolve the issues, either party may initiate arbitration proceedings, as specified at www.FairClaims.com. The Driver’s $200 deposit will be used to pay the Fair Claims case initiation fee.
iii. Choice of Law. Notwithstanding any choice of law or other provision in these Terms, the parties agree and acknowledge that this arbitration clause evidences a transaction involving interstate commerce and that the Federal Arbitration Act, will govern its interpretation and enforcement and proceedings pursuant thereto. It is the intent of the parties that the FAA and Fair Claims Rules shall preempt all state laws to the fullest extent permitted by law. If the FAA and Fair Claims Rules are found not to apply to any issues that arise under this Arbitration Clause or the enforcement thereof, then that issue shall be resolved under the laws of the State of California.
iv. Arbitration Decisions. The arbitrator will issue a decision in the applicable timeframe and include the findings and conclusions relevant to the judgment. Such decision will be consistent with this Agreement, including any Limits of Liability that may be applicable. Any injunctive relief shall be limited to the particular claimant, and be awarded only to provide the necessary relief. The arbitration judgment may be entered in any court of law having jurisdiction over the matter.
v. Arbitration Costs. Fair Claim Rules will govern the responsibilities for arbitration payment. Generally, the costs will be split equally between the Users.
If HyreCar changes its Dispute Resolution provisions after the date upon which you first accepted this Agreement, you may reject any such change within 30 days of the effective date by providing written notice to HyreCar either by sending a written notification to 555 West 5th Street, Los Angeles, CA 90013 or by email at firstname.lastname@example.org. Your written notice must clearly state your name and intention to reject any changes to the Dispute Resolution. If you reject any changes to this Dispute Resolution section, you still agree to be bound by the terms of the last updated Dispute Resolution provision to which you did not object.
You may not assign any rights or obligations that you have under this Agreement without the prior written consent of HyreCar, and you will remain responsible for your obligations under this Agreement. HyreCar may assign this Agreement without your consent to any subsidiary or affiliate, any acquirer of the HyreCar business or assets, or any successor entity.
If any part of this Agreement is deemed unenforceable or is held to be invalid, that provision will be struck and the remaining provisions shall be enforced to the fullest extent under the law. Unless agreed to in writing, if HyreCar does not enforce its rights under this Agreement, it shall not constitute a waiver of such rights.
This Agreement is governed by the laws of the state of California, excluding any conflicts of law principles.
HyreCar is located at 555 West 5th Street, Los Angeles, CA 90013. California residents may report any complaints to the Complaint Assistance Unite of the Division of Consumer Services of the California Department of Consumer Affairs at 1-800-952-5210 or 400 R Street, Sacramento, CA 95814.
HyreCar may provide notice to you related to the Services electronically by directing that notice to the email address you have provided to HyreCar, or by written notification mailed to your physical address that you have provided. Notice shall be deemed effective 48 hours after it is sent (if by email) or posting (if by regular mail). You may give notice to HyreCar via email at email@example.com.