Terms of Use

1. Agreement to These Terms

These Terms of Use ("Terms") are a binding agreement between you and Ekowsystems, Inc. ("EKOW," "we," "us," or "our"). They govern your use of the EKOW rider app, the EKOW driver app, our website at ekow.app, and related services (together, the "Service"). By creating an account or using the Service, you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the Service.

2. Eligibility

You must be at least 18 years old and able to form a binding contract to use the Service. By using the Service, you confirm that you meet these requirements and that the information you provide is accurate and complete.

3. The EKOW Service

EKOW provides a technology platform that connects riders who seek transportation with independent drivers who provide it. EKOW is a technology provider; except where we expressly state otherwise in writing, EKOW does not itself provide transportation and is not a transportation carrier. Drivers are independent contractors, not employees or agents of EKOW.

4. Your Account

To use the Service, you must create an account and provide accurate, current information. You are responsible for keeping your login credentials secure and for all activity under your account. Notify us immediately at support@ekowtech.com if you suspect unauthorized use. You may not share your account, create more than one account, or create an account on behalf of someone else without permission.

5. Rider Terms

As a rider, you agree to: provide an accurate pickup and drop-off location; be ready at the pickup point within the allowed wait time; treat drivers and their vehicles with respect; not bring illegal or hazardous items; and pay all fares and charges for rides requested through your account. You are responsible for your own conduct and for any damage you cause to a vehicle.

6. Driver Terms

As a driver, you agree that you are an independent contractor and that you will: maintain a valid driver's license, vehicle insurance, and registration; hold all permits required to provide rides in your area; keep your vehicle safe, clean, and roadworthy; comply with all traffic and transportation laws; and treat riders with respect. You are responsible for any taxes on your earnings. EKOW does not control the manner or means by which you provide rides.

7. Fares, Payments, and Cancellations

• Fares. Fares are calculated based on factors such as distance, time, and demand, and are shown or estimated in the app before you confirm a ride. You authorize EKOW, through our payment processor Stripe, to charge your payment method for fares and other amounts you owe.
• Cancellations. If you cancel a ride after a driver has accepted it, a cancellation fee may apply, in the amount shown in the app at the time of your ride.
• No-shows. If you are not present at the pickup location within the allowed wait time, a no-show fee may apply, in the amount shown in the app at the time of your ride.
• Changes. Fares and fees may change over time and will be reflected in the app. All amounts are in U.S. dollars.

8. Ratings and Conduct

Riders and drivers may rate each other after a ride. We may review accounts that receive repeated low ratings or reports, and we may limit or suspend accounts that violate these Terms or create safety concerns. You agree not to use the Service to harass, threaten, or harm others, or for any unlawful purpose.

9. Text Messages and Communications

By providing your mobile number, you agree to receive calls and text messages related to your account and rides, as described in our Privacy Policy. Message and data rates may apply. You can opt out of text messages by replying STOP; opting out may limit ride and account notifications. Consent to receive texts is not a condition of using the Service.

10. Prohibited Uses

You agree not to: break the law while using the Service; interfere with or disrupt the Service; attempt to gain unauthorized access to our systems or another user's account; copy, modify, reverse-engineer, or misuse our software; or use the Service to transport anything illegal.

11. Intellectual Property

The Service, including our software, logos, and content, is owned by EKOW and protected by intellectual-property laws. We grant you a limited, non-exclusive, non-transferable, revocable license to use the app for its intended purpose. You may not use our name or logo without our prior written permission.

12. Third-Party Services

The Service relies on third-party providers (such as Stripe for payments and mapping and messaging providers). Your use of those features may also be subject to the third party's terms. We are not responsible for third-party services or their content.

13. Disclaimers

The Service is provided "as is" and "as available," without warranties of any kind, whether express or implied, to the fullest extent permitted by law. We do not guarantee that the Service will be uninterrupted or error-free, or that a ride will always be available. EKOW does not guarantee the conduct of any rider or driver.

14. Limitation of Liability

To the fullest extent permitted by law, EKOW and its officers, employees, and agents will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for lost profits or data, arising out of or relating to your use of the Service. Our total liability for any claim relating to the Service will not exceed the greater of the amount you paid to EKOW in the six months before the claim or one hundred U.S. dollars ($100).

15. Indemnification

You agree to indemnify and hold harmless EKOW from any claims, damages, losses, or expenses (including reasonable legal fees) arising out of your use of the Service, your violation of these Terms, or your violation of any law or the rights of another person.

16. Dispute Resolution and Arbitration

Please read this section carefully. Except where prohibited by law, you and EKOW agree to resolve any dispute relating to these Terms or the Service through binding individual arbitration, rather than in court, and you waive the right to a jury trial and to participate in a class action. Either party may still bring a qualifying claim in small-claims court.

17. Governing Law

These Terms are governed by the laws of the State of Ohio, without regard to its conflict-of-laws rules. Subject to the arbitration section above, any dispute will be handled in the state or federal courts located in Ohio.

18. Termination

You may stop using the Service and close your account at any time. We may suspend or terminate your account if you violate these Terms, create a safety or legal risk, or misuse the Service. Provisions that by their nature should survive — such as payment obligations, disclaimers, limitation of liability, indemnification, and dispute resolution — survive termination.

19. Changes to These Terms

We may update these Terms from time to time. When we do, we will revise the effective date above, and for material changes we will notify you in the app or by email before they take effect. Your continued use of the Service after the changes take effect means you accept the updated Terms.

20. Contact Us

Questions about these Terms? Contact us at support@ekowtech.com, or write to Ekowsystems, Inc., Canton, Ohio, United States. Phone: 844-356-9743.