Terms of Service

By accessing or using the EKOW platform, you agree to be bound by these Terms of Service. If you do not agree to these Terms, do not access or use the Platform.

1. Agreement Overview

These Terms of Service ("Terms" or "Agreement") constitute a legally binding agreement between you and EKOW Systems, Inc. ("EKOW," "we," "us," or "our") governing your access to and use of the EKOW mobile application, website (ekow.app), and related services (collectively, the "Platform").

These Terms apply to:

• Riders: Individuals who request transportation services
• Drivers: Individuals who provide transportation services
• All Users: Anyone who accesses or uses the Platform

Additional terms may apply to specific features or services, which will be presented to you when you access those features.

2. The EKOW Platform

2.1 Platform Description

EKOW provides a technology platform that connects riders seeking transportation with independent drivers who can provide that transportation. EKOW does not provide transportation services directly and is not a transportation carrier or common carrier.

2.2 Independent Contractors

Drivers who use the Platform are independent contractors, not employees of EKOW. EKOW does not control the manner or method by which drivers perform transportation services, except as necessary to ensure safety and platform integrity.

2.3 No Guarantee of Service

EKOW does not guarantee the availability of drivers at any particular time or location. Ride requests may be unfulfilled due to driver availability, location, or other factors.

3. Eligibility and Account Registration

3.1 Eligibility Requirements

To use the Platform, you must:

• Be at least 18 years of age
• Have the legal capacity to enter into a binding agreement
• Not be prohibited from using the Platform under applicable law
• Provide accurate and complete registration information

3.2 Account Creation

To access certain features, you must create an account. You agree to:

• Provide accurate, current, and complete information
• Maintain and promptly update your information
• Keep your password secure and confidential
• Not share your account credentials with others
• Not create multiple accounts
• Notify us immediately of any unauthorized access

3.3 Account Responsibility

You are responsible for all activities that occur under your account. EKOW is not liable for any loss or damage arising from unauthorized use of your account.

4. Driver Requirements

4.1 Driver Eligibility

To provide transportation services through the Platform, drivers must:

• Be at least 21 years of age (or the minimum age required by applicable law)
• Hold a valid driver's license
• Have a clean driving record meeting our standards
• Pass a background check conducted by our third-party verification service
• Own or have authorized access to an eligible vehicle
• Maintain valid auto insurance meeting minimum requirements
• Meet all applicable local, state, and federal requirements

4.2 Vehicle Requirements

Vehicles used on the Platform must:

• Be no more than 10 years old (model year)
• Be in safe operating condition
• Pass a road worthiness and passenger/vehicle safety inspection
• Meet all applicable safety and inspection requirements
• Be registered and insured as required by law
• Have four doors and be able to safely accommodate at least four passengers
• Be free of significant cosmetic damage
• Have working air conditioning and heating
• Pass any additional inspections required by EKOW

4.3 Driver Conduct

Drivers agree to:

• Comply with all traffic laws and regulations
• Maintain appropriate insurance coverage at all times
• Not operate a vehicle while impaired by alcohol, drugs, or fatigue
• Treat riders with respect and professionalism
• Follow our Community Guidelines
• Not discriminate against riders based on protected characteristics

4.4 Background Checks and Identity Verification

Drivers consent to the following as a condition of using the Platform:

• Pre-approval Background Check: Criminal background and driving record check conducted by Checkr
• Identity Verification: Ongoing identity verification conducted by Veriff to ensure driver identity during active rides

EKOW reserves the right to deactivate drivers based on background check results, failed identity verification, or subsequent offenses.

5. Rider Responsibilities

5.1 Rider Conduct

Riders agree to:

• Treat drivers with respect
• Not engage in illegal, unsafe, or disruptive behavior during rides
• Wear seatbelts as required by law
• Not smoke, vape, or consume alcohol in vehicles (unless explicitly permitted by driver)
• Not transport illegal substances or weapons
• Not damage driver vehicles
• Provide accurate pickup and dropoff locations
• Be ready at the pickup location when the driver arrives

5.2 Unaccompanied Minors

Riders under 18 years of age may not use the Platform unaccompanied. Drivers may refuse to transport unaccompanied minors.

5.3 Service Animals

In compliance with applicable laws, riders may be accompanied by service animals. Drivers may not refuse service to riders with service animals.

6. Charges and Payments

6.1 Fare Calculation

Ride fares are calculated based on:

• Base fare
• Distance traveled
• Time duration
• Applicable service fees
• Any surge/prime time pricing in effect

Fare estimates are provided before booking but final charges may vary based on actual route, traffic, and other factors.

6.2 Payment Authorization

By adding a payment method, you authorize EKOW to charge that payment method for:

• Ride fares
• Service fees
• Cancellation fees (when applicable)
• Damage fees (if you damage a driver's vehicle)
• Tips (if you choose to add a tip)

6.3 Cancellation Fees

If you cancel a ride after a driver has been assigned, you may be charged a cancellation fee. The cancellation fee amount is displayed in the app before you confirm cancellation.

6.4 No-Show Fees

If you are not present at the pickup location within the designated wait time, the driver may cancel the ride and you may be charged a no-show fee.

6.5 Damage Fees

You are responsible for any damage to a driver's vehicle caused by you or anyone in your party during a ride. EKOW may charge your payment method for repair or cleaning costs.

6.6 Driver Payments

Drivers receive payment for completed rides minus applicable EKOW service fees. Payment terms are set forth in the Driver Addendum.

7. Promotions and Credits

7.1 Promotional Offers

EKOW may offer promotional credits or discounts from time to time. Promotions:

• Are subject to specific terms and conditions
• May not be combined unless explicitly stated
• Have no cash value and are non-transferable
• May expire if not used within the specified period
• May be modified or discontinued at any time

7.2 Referral Programs

If we offer a referral program, you agree not to:

• Create fake accounts to earn referral credits
• Spam or harass others with referral links
• Misrepresent the referral program

EKOW reserves the right to revoke credits obtained through fraudulent means.

8. Ratings and Feedback

8.1 Rating System

After each ride, riders and drivers may rate each other. Ratings help maintain platform quality and safety.

8.2 Rating Consequences

Users with consistently low ratings may be subject to warnings, temporary suspension, or permanent deactivation from the Platform.

8.3 Feedback

You may provide feedback about rides and the Platform. By providing feedback, you grant EKOW the right to use that feedback for any purpose without compensation.

9. Prohibited Activities

9.1 General Prohibitions

You agree not to:

• Use the Platform for any unlawful purpose
• Impersonate any person or entity
• Provide false or misleading information
• Harass, threaten, or abuse other users
• Discriminate against others based on race, religion, gender, sexual orientation, disability, or other protected characteristics

9.2 Platform Abuse

You agree not to:

• Attempt to gain unauthorized access to the Platform or other users' accounts
• Use automated means (bots, scrapers) to access the Platform
• Interfere with or disrupt the Platform's operation
• Circumvent any security measures
• Reverse engineer or decompile the Platform

9.3 Commercial Misuse

You agree not to:

• Use the Platform for commercial purposes not authorized by EKOW
• Resell or redistribute the Platform or services
• Collect user information for unauthorized purposes

10. Intellectual Property

10.1 EKOW Ownership

The Platform, including all software, content, trademarks, logos, and other intellectual property, is owned by EKOW or its licensors. You may not copy, modify, distribute, or create derivative works without our express written permission.

10.2 Limited License

EKOW grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Platform for personal, non-commercial purposes in accordance with these Terms.

10.3 User Content

By submitting content to the Platform (photos, reviews, feedback), you grant EKOW a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, and display that content in connection with the Platform.

11. Privacy

Your use of the Platform is subject to our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy to understand how we collect, use, and protect your information.

12. Disclaimers

12.1 "AS IS" Provision

THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

12.2 No Warranty of Service

EKOW DOES NOT WARRANT THAT:

• THE PLATFORM WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE
• DEFECTS WILL BE CORRECTED
• THE PLATFORM IS FREE OF VIRUSES OR HARMFUL COMPONENTS
• THE RESULTS OF USING THE PLATFORM WILL MEET YOUR REQUIREMENTS

12.3 Third-Party Services

EKOW IS NOT RESPONSIBLE FOR THE QUALITY, SAFETY, OR LEGALITY OF TRANSPORTATION SERVICES PROVIDED BY DRIVERS. DRIVERS ARE INDEPENDENT CONTRACTORS AND NOT EMPLOYEES OR AGENTS OF EKOW.

12.4 Third-Party Content

THE PLATFORM MAY CONTAIN LINKS TO THIRD-PARTY WEBSITES OR SERVICES. EKOW IS NOT RESPONSIBLE FOR THE CONTENT, ACCURACY, OR PRACTICES OF SUCH THIRD PARTIES.

13. Limitation of Liability

13.1 Limitation of Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, EKOW SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

• LOSS OF PROFITS, DATA, OR GOODWILL
• SERVICE INTERRUPTION OR COMPUTER DAMAGE
• COST OF SUBSTITUTE SERVICES
• PERSONAL INJURY OR PROPERTY DAMAGE

ARISING OUT OF OR RELATED TO YOUR USE OF THE PLATFORM, EVEN IF EKOW HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

13.2 Cap on Liability

EKOW'S TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE PLATFORM SHALL NOT EXCEED THE GREATER OF:

• THE AMOUNT YOU PAID TO EKOW IN THE 12 MONTHS PRECEDING THE CLAIM, OR
• ONE HUNDRED DOLLARS ($100)

13.3 Essential Purpose

THE LIMITATIONS IN THIS SECTION APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

13.4 Jurisdictional Limitations

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR LIMITATION OF LIABILITY FOR CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY, AND YOU MAY HAVE ADDITIONAL RIGHTS.

14. Indemnification

You agree to indemnify, defend, and hold harmless EKOW and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from:

• Your use of the Platform
• Your violation of these Terms
• Your violation of any third-party rights
• Your violation of any applicable laws
• Content you submit to the Platform
• Your interaction with other users
• Any damage you cause to a driver's vehicle

15. Term and Termination

15.1 Term

These Terms are effective when you first access the Platform and continue until terminated.

15.2 Termination by You

You may terminate your account at any time by:

• Deleting your account through the app
• Contacting us at legal@ekowsystems.com

15.3 Termination by EKOW

EKOW may suspend or terminate your account at any time, with or without cause, with or without notice, including if we believe you have:

• Violated these Terms
• Engaged in fraudulent or illegal activity
• Created risk or legal exposure for EKOW
• Received consistently poor ratings

15.4 Effect of Termination

Upon termination:

• Your license to use the Platform immediately ends
• You must stop using the Platform
• Outstanding payment obligations survive termination
• Provisions that by their nature should survive (including Sections 10, 13, 14, 17, and 18) will survive

16. Communications

16.1 Electronic Communications

By creating an account, you consent to receive electronic communications from EKOW, including:

• Email messages
• Text messages (SMS)
• Push notifications
• In-app messages

16.2 Transactional Communications

We will send you transactional communications related to your rides, account, and the Platform. These are necessary for service delivery and cannot be opted out of while maintaining an active account.

16.3 Promotional Communications

You may opt out of promotional communications by:

• Following unsubscribe instructions in emails
• Adjusting notification settings in the app
• Replying STOP to text messages

17. Dispute Resolution and Arbitration

17.1 Informal Resolution

Before initiating any formal dispute resolution, you agree to first contact us at legal@ekowsystems.com to attempt to resolve the dispute informally. We will attempt to resolve the dispute within 30 days.

17.2 Binding Arbitration Agreement

If we cannot resolve the dispute informally, you and EKOW agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Platform, or your relationship with EKOW shall be resolved exclusively by binding arbitration, rather than in court, except that:

• Either party may seek injunctive relief in court for intellectual property infringement
• Claims within small claims court jurisdiction may be brought in small claims court

17.3 Arbitration Rules

Arbitration shall be conducted by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules. The arbitration will be:

• Conducted in the English language
• Held in Franklin County, Ohio, or another mutually agreed location
• Conducted by a single arbitrator

17.4 Arbitration Costs

EKOW will pay all AAA filing and arbitrator fees for claims under $10,000, unless the arbitrator determines your claim is frivolous. Each party is responsible for their own attorneys' fees unless the arbitrator awards fees to the prevailing party.

17.5 Class Action Waiver

YOU AND EKOW AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

The arbitrator may not consolidate more than one person's claims and may not preside over any form of representative or class proceeding.

17.6 Jury Trial Waiver

BY AGREEING TO ARBITRATION, YOU AND EKOW WAIVE THE RIGHT TO A JURY TRIAL.

17.7 Opt-Out Right

You may opt out of this arbitration agreement by sending written notice to legal@ekowsystems.com within 30 days of first accepting these Terms. Your notice must include your name, address, phone number, email address associated with your account, and a clear statement that you wish to opt out of the arbitration agreement.

17.8 Severability

If any portion of this arbitration agreement is found unenforceable, the remainder shall continue in effect. If the class action waiver is found unenforceable, the entire arbitration agreement shall be null and void.

18. General Provisions

18.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Ohio, without regard to its conflict of law principles.

18.2 Venue

For any claims not subject to arbitration, you and EKOW agree to submit to the exclusive jurisdiction of the state and federal courts located in Franklin County, Ohio.

18.3 Entire Agreement

These Terms, together with the Privacy Policy and any additional terms you agree to, constitute the entire agreement between you and EKOW regarding the Platform.

18.4 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

18.5 Waiver

EKOW's failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.

18.6 Assignment

You may not assign or transfer these Terms or your rights hereunder without EKOW's prior written consent. EKOW may assign these Terms without restriction.

18.7 Modifications

EKOW reserves the right to modify these Terms at any time. We will provide notice of material changes by:

• Posting updated Terms on our website
• Updating the "Last Updated" date
• Sending notification through the app or email

Your continued use of the Platform after changes become effective constitutes acceptance of the modified Terms.

18.8 Headings

Section headings are for convenience only and have no legal effect.

18.9 Contact Information

For questions about these Terms, contact us at:

19. Acknowledgment

BY USING THE PLATFORM, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE, UNDERSTOOD THEM, AND AGREE TO BE BOUND BY THEM. IF YOU DO NOT AGREE TO THESE TERMS, YOU ARE NOT AUTHORIZED TO USE THE PLATFORM.

These Terms of Service are effective as of the date stated above.