TERMS OF SERVICE WHILE USING OUR APPS

FOR DRIVERS

Welcome to Fairpay DRIVE. We offer you an option to build your transportation business by offering you payment services thru our app and connecting you with commuters looking for a ride. To join our listing platform you must be:

1. A RIDESHARE/TAXI/LIMO driver with at least 2 years of experience.

2. Have your own business commercial auto insurance or General Liability insurance.

3. Must have at least 4.9 current driver rating on your rideshare (Uber/Lyft) app.

4. Must have passed your recent background check with your TNC (rideshare) / taxi / limo company.

5. Must have an active status with your rideshare/taxi/limo company, at the time of each subscription.

To begin enrollment, please prepare to submit the following documents: (see samples)

1. A screenshot of your existing TNC rideshare (Uber/Lyft) driver profile or taxi / limo ID.

2. A copy of your commercial vehicle insurance with current period.

3. A copy of your driver's license, front and back.

4. A copy of your TNC (Uber/Lyft) Form 1099 from 2021 or previous years to prove you have been driving at least 2 years.

5. A copy of your Driver's License.

6. A copy of your current Vehicle Registration.

7. A picture of your vehicle with plate number.

Fairpay Inc. is NOT a rideshare company and will not treat you as an employee. We comply with AB5 of California regulations

and we offer you the following:

1. 100% of rider fare.

2. Freedom to choose which rides to accept

3. Same flexibility for driving hours and location

4. Reverse bidding option that you control, for fares that you think requires higher pay

5. No airport queuing

6. No hidden, predatory, bonus-driven or deceptive charges

7. Cash payment option for rides that you choose

Fairpay Inc. DOES NOT and WILL NOT provide or charge for the following:

1. Insurance protection for your business. Your business should have one.

2. Airport surcharges and taxes and fees. You need to pay your own taxes.

3. On trip accident support. You should have AAA.

4. Protection from criminal activity. You should call 911.

5. General Liability protection. Your business should have one.

6. Health insurance coverage. You can buy yourself one with your earnings.

Fairpay Inc. charges the following from Drivers enrolled to our network:

A. Flat 15% Commission for Part Time drivers.

or, Drivers can choose:

B. Subscription Plans for Full Time Drivers

1. Bronze Weekly Subscription - $25.00/week includes weekly earnings of up to $800.00

2. Silver Weekly Subscription - $30.00/week includes weekly earning of up to $1000.00

3. Gold Weekly Subscription - $35.00/week includes weekly earnings of up to $1500.00

4. Platinum Weekly Subscription - $40.00/week includes NO cap on weekly earnings

Once you join our Listing Service, Fairpay Inc. promises to treat you fairly.

1. We will help you build your business by offering credit for rides in your neighborhood, so you don't have to travel far to earn.

2. We will respect your opinions in drafting policies and regulations which you can provide us thru our social network.

3. We will respect your privacy and protect your data to the best of our ability as industry standards allow.

4. We will not treat you like a slave and employ you using a carrot and stick system which rewards and punishes drivers.

5. We will not deactivate your membership for unfounded complaints without talking to you and reviewing the matter with you.

6. We will make the gig economy fair again and responsive to Drivers' needs.

IF YOU ARE READY TO JOIN US, CONTINUE READING THE TERMS OF SERVICE AND PROCEED WITH ENROLLMENT ON THE APP.

WE HOPE YOUR BUSINESS THRIVE.

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FOR RIDERS/COMMUTERS

WELCOME TO FAIRPAY RIDE. To continue with log in on the app, please confirm that you are the following:

1. Older than 18 years old.

2. Valid owner of the phone number and associated info.

3. Looking for an honest and safe ride.

4. Commuter seeking for lower fares.

Please note that Fairpay Inc., the provider of the FAIRPAY RIDE App, is NOT a rideshare company:

1. We do not employ the drivers you will meet.

2. Your rides are insured by the business owners providing the ride.

3. We do not provide immediate assistance for crime-related activities.

4. You need to call 911 directly if any crime or accident happens that involve you.

5. The fares you pay goes 100% to the drivers providing the trip.

6. A 5% processing fee is added on top of non-cash fares paid with debit/credit cards.

Fairpay Inc. provides you the peace of mind when choosing Drivers on our network:

1. Drivers have more than 2 years experience as a rideshare / taxi / limo driver.

2. Drivers have passed regular background check from their respective companies.

3. Drivers have been trained and are doing on-going training from their respective companies.

4. Drivers are decent people trying to earn a living for themselves and their families.

5. Drivers want to treat you with fairness for every ride they give.

IF YOU ARE READY TO BE CONNECTED TO A DRIVER, PLEASE CONTINUE THE ENROLLMENT ON THE APP. WE HOPE YOU GET TO YOUR DESTINATION SAFELY.

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GENERAL TERMS OF SERVICE

1. Contractual Relationship

The Terms of Use ("Terms") govern your access of use, from which the United States and its territories and possessions, of the applications, websites, contents, products, and services (the "Services" as more fully defined below in Section 3) made available in the United States and its territories and possessions by Fairpay Inc. and its parents, subsidiaries, representatives, affiliates, officers and directors (collectively "Fairpay"). PLEASE READ THESE TERMS CAREFULLY AS THEY CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU and FAIRPAY. In these Terms, the words "including" and "include" mean "including, but not limited to".

By accessing or using the Services, you confirm your agreement to be bound by these terms. If you do not agree to these Terms, you may not access or use the Services. These Terms expressly supersede prior agreements or arrangements with you. Fairpay may immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason.

Supplemental terms may apply to any Services such as policies for any event, program, activity or promotion, and such supplemental terms will be disclosed to you in separate region-specific disclosures (e.g., a particular city webpage on fairpayride.com) or in connection with the applicable Service(s). Supplemental terms are in addition to, and shall be deemed a part of, of the Terms for the purposes of the applicable Service(s). Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable Services.

Fairpay may amend the Terms from time to time. Amendments may be effective upon Fairpay's posting of such updated Terms at this location or in the amended policies or supplemental terms on the applicable Service. Your continued use or access of the Services after such posting, confirms your consent to be bound by the Terms as amended. If Fairpay changes these Terms after the date you first agreed to, you may reject any such change by providing Fairpay written notice of such rejection within 30 days of the date such date became effective, as indicated in the "Effective Date" above. This written notice may be provided either by (a.) mail or hand delivered to our corporate office at 213 Village Way South San Francisco CA 94080, or by (b.) email to admin@fairpayride.com, using the email associated with your Account. In order to be effective, the notice must include your full name and clearly indicate your intent to reject changes to the Terms. By rejecting changes, you agree that you will continue to be bound by the provision of these Terms as of the date you first agreed to the Terms.

Fairpay's collection and use of personal information in connection with the Services is described in Fairpay's Priivacy policy located at fairpayride.com/privacy.

2. Arbitration Agreement

By agreeing to the Terms, you agree that you are required to resolve any claim that you may have against Fairpay on an individual basis through arbitration, as set forth in this Arbitration Agreement. This will preclude you from bringing any class, collective, or representative action against Fairpay, and also preclude you from participating in or recovering relief under any current or future class, collective or representative action brought against Fairpay by someone else.

Agreement to Binding Arbitration between You and Fairpay

You and Fairpay agree that any dispute claim or controversy arising out of or relating to (a) these Terms or the existence, breach, termination, enforcement, interpretation, or validity thereof, or (b) your access to or use of the Services at any time, whether before of after the date you agreed to the Terms, will be settled by binding arbitration between you and Fairpay, and not in a court of law. Notwithstanding the foregoing, where you allege claims of sexual assault or sexual harassment occurring in connection with your use of the Services, you may elect to bring those claims in a court of competent jurisdiction instead of arbitration. Fairpay agrees to honor your election of forum with respect to your individual sexual assault or sexual harassment claim but in so doing does not waive the enforceability of the Arbitration Agreement as to any other provision (including, but not limited to the waivers provided in the following paragraph, which will continue to apply in court and arbitration), controversy, claim or dispute.

You acknowledge and agree that you and Fairpay are waiving your right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Unless both you and Fairpay otherwise agree in writing, any arbitration will be conducted only on an individual basis and not in a class, collective, consolidated or representative proceeding. However, you and Fairpay each retain the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents or other intellectual property rights.

Rules and Governing Law

The arbitration will be administered by the American Arbitration Association ("AAA"), in accordance with the "AAA" Consumer Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the "AAA" Rules) then in effect, except as modified by this Arbitration Agreement. The "AAA" Rules are available at www.adr.org or by calling the AAA at 1-800-778-7879.

The parties agree that the arbitrator and not any Federal, State, or local Court or Agency, shall have exclusive authority to resolve any disputes relating to the interpretation, applicability, enforceability or formation of this Arbitration Agreement, including any claim that all or any part of this Arbitration Agreement is void or voidable. The Arbitrator shall also be responsible for determining all threshold arbitrability issues, including issues relating to whether the Terms are unconscionable or illusory and any defense to arbitration, including waiver, delay, laches, or estoppel.

Notwithstanding any choice of law or other provision in the Terms, the parties agree and acknowledge that this Arbitration Agreement evidences a transaction involving interstate commerce and that the Federal Arbitration Act, 9 U.S.C. 1 et seq. (FAA), will govern its interpretation and enforcement and proceedings pursuant thereto. It is the intent of the parties that the FAA and AAA Rules shall preempt all state laws to the fullest extent permitted by law. If the FAA and AAA laws are found to not apply to any issue that arises out of this Arbitration Agreement or the enforcement thereof, then that issue shall be resolved under the laws of the State of California.

Process

A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA rules. (The AAA provides a form Demand for Arbitration - Consumer Arbitration Rules at www.adr.org or by calling the AAA at 1-800-778-7879). The Arbitrator will either be a retired judge or an attorney specifically licensed to practice law in the State of California and will be selected by the parties from the AAA's roster of consumer dispute arbitrators. If the parties are unable to agree upon an Arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the Arbitrator in accordance with the AAA rules.

Location and Procedure

Unless you and Fairpay otherwise agree, the Arbitration will be conducted in the County where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of the documents you and Fairpay submit to the Arbitrator, unless you request a hearing or the Arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA rules. Subject to the AAA rules, the Arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.

Arbitrator's Decision.

The Arbitrator will render an award within the time frame specified in the AAA Rules. Judgment on the arbitration award may be entered in any court having competent jurisdiction to do so. The Arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant's individual claim. An Arbitrator’s decision shall be final and binding on all parties. An Arbitrator’s decision and judgment thereon shall have no precedential or collateral estoppel effect. If you prevail in arbitration you will be entitled to an award of attorneys' fees and expenses, to the extent provided under applicable law. Fairpay will not seek, and hereby waives all rights Fairpay may have under applicable law to recover attorneys' fees and expenses if Fairpay prevails in arbitration.

Fees.

Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. However, if your claim for damages does not exceed $75,000, Fairpay will pay all such fees, unless the Arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).

Changes.

Notwithstanding the provisions in Section I above, regarding consent to be bound by amendments to these Terms, if Fairpay changes this Arbitration Agreement after the date you first agreed to the Terms (or to any subsequent changes to the Terms), you may reject any such change by providing Fairpay written notice of such rejection within 30 days of the date such change became effective, as indicated in the "Effective" date above. This written notice must be provided either (a) by mail or hand delivery to our registered agent for service of process, c/o Fairpay Inc. by email from the email address associated with your Account to: admin@fairpayride.com. In order to be effective, the notice must include your full name and clearly indicate your intent to reject changes to this Arbitration Agreement. By rejecting changes, you are agreeing that you will arbitrate any dispute between you and Fairpay in accordance with the provisions of this Arbitration Agreement as of the date you first agreed to the Terms (or to any subsequent changes to the Terms).

Severability and Survival.

If any portion of this Arbitration Agreement is found to be unenforceable or unlawful for any reason, (1) the unenforceable or unlawful provision shall be severed from these Terms (2) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of the Arbitration Agreement or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to the Arbitration Agreement and (3) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration.

3. The Services

The Services comprise mobile applications and related services (each, an "Application"), which enable users to access a network of professional transportation, logistics and/or delivery services and/or to purchase certain goods, including with third party providers of such services and goods under agreement with Fairpay or certain of Fairpay's affiliates ("Third Party Providers"). In certain instances, the Services may also include an option to filter options for transportation, logistics and/or delivery services for an upfront price, subject to acceptance by the respective Third Party Providers. Unless otherwise agreed by Fairpay in a separate written agreement with you, the Services are made available solely for your personal, noncommercial use. YOU ACKNOWLEDGE THAT YOUR ABILITY TO OBTAIN TRANSPORTATION, LOGISTICS AND/OR DELIVERY SERVICES THROUGH THE USE OF THE SERVICES DOES NOT ESTABLISH FAIRPAY AS A PROVIDER OF TRANSPORTATION, LOGISTICS OR DELIVERY SERVICES OR AS A TRANSPORTATION CARRIER. YOU ACKNOWLEDGE THAT FAIRPAY IS NOT A RIDESHARE COMPANY, BUT A PAYMENTS PROVIDER FACILITATING RIDER AND DRIVER TRANSACTIONS.

License.

Subject to your compliance with these Terms, Fairpay grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to: (i) access and use the Applications on your personal device solely in connection with your use of the Services and (ii) access and use any content, information and related materials that may be made available through the Services, in each case solely for your personal, noncommercial use. Any rights not expressly granted herein are reserved by Fairpay and Fairpay's licensors.

Restrictions.

You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Services (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by HUM (iii) decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law (iv) link to, mirror or frame any portion of the Services (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services or (vi) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.
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Provision of the Services.

You acknowledge that portions of the Services may be made available under Fairpay's various brands or request options associated with transportation or logistics, including the transportation request brands. You also acknowledge that the Services may be made available under such brands or request options by or in connection with: (i) certain of Fairpay's subsidiaries and affiliates or (ii) independent Third Party Providers, including Transportation Network Company drivers, Transportation Charter Permit holders or holders of similar transportation permits, authorizations or licenses.

Third Party Services and Content.

The Services may be made available or accessed in connection with third party services and content (including advertising) that Fairpay does not control. You acknowledge that different terms of use and privacy policies may apply to your use of such third party services and content. Fairpay does not endorse such third party services and content and in no event shall Fairpay be responsible or liable for any products or services of such third party providers. Additionally, Apple Inc., Google, Inc., Microsoft Corporation or BlackBerry Limited will be a third-party beneficiary to this contract if you access the Services using Applications developed for Apple iOS, Android, Microsoft Windows, or Blackberry-powered mobile devices, respectively. These third party beneficiaries are not parties to this contract and are not responsible for the provision or support of the Services in any manner. Your access to the Services using these devices is subject to terms set forth in the applicable third party beneficiary's terms of service.

Ownership.

The Services and all rights therein are and shall remain Fairpay's property or the property of Fairpay's licensors. Neither these Terms nor your use of the Services convey or grant to you any rights: (i) in or related to the Services except for the limited license granted above or (ii) to use or reference in any manner Fairpay's company names, logos, product and service names, trademarks or services marks or those of Fairpay's licensors.

4. Access and Use of the Services User Accounts.

In order to use most aspects of the Services, you must register for and maintain an active personal user Services account ("Account"). You must be at least 21 years of age, or the age of legal majority in your jurisdiction (if different than 21), to obtain a Fairpay Driver Account, unless a specific Service permits otherwise. Account registration requires you to submit to Fairpay certain personal information, such as your name, address, mobile phone number and age, as well as at least one valid payment method supported by Fairpay. You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, may result in your inability to access or use the Services. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by Fairpay in writing, you may only possess one Account.

User Requirements and Conduct.

The Fairpay Rider Service is not available for use by persons under the age of 13. You may not authorize third parties to use your Account, and you may not allow persons under the age of 13 to receive transportation or logistics services from Third Party Providers unless they are accompanied by you. You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when accessing or using the Services, and you may only access or use the Services for lawful purposes (e.g., no transport of unlawful or hazardous materials). You may not in your access or use of the Services cause nuisance, annoyance, inconvenience, or property damage, whether to the Third Party Provider or any other party. In certain instances, you may be asked to provide proof of identity or other method of identity verification to access or use the Services, and you agree that you may be denied access to or use of the Services if you refuse to provide proof of identity or other method of identity verification.

Text Messaging and Telephone Calls.

You agree that Fairpay may contact you by telephone or text messages (including by an automatic telephone dialing system) at any of the phone numbers provided by you or on your behalf in connection with an Fairpay account, including for marketing purposes. You understand that you are not required to provide this consent as a condition of purchasing any property, goods or services. You also understand that you may opt out of receiving text messages from Fairpay at any time, either by texting the word "STOP" to (650-580-5111) using the mobile device that is receiving the messages, or by contacting admin@fairpayride.com. If you do not choose to opt out, Fairpay may contact you as outlined in its User Privacy Statement.

User Provided Content.

Fairpay may, in Fairpay's sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to Fairpay through the Services textual, audio, and/or visual content and information, including commentary and feedback related to the Services, initiation of support requests, and submission of entries for competitions and promotions ("User Content"). Any User Content provided by you remains your property. However, by providing User Content to Fairpay, you grant Fairpay a worldwide, perpetual, irrevocable, transferable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and Fairpay's business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.

You represent and warrant that: (i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant Fairpay the license to the User Content as set forth above and (ii) neither the User Content, nor your submission, uploading, publishing or otherwise making available of such User Content, nor Fairpay's use of the User Content as permitted herein will infringe, misappropriate or violate a third party's intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. You agree to not provide User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by Fairpay in its sole discretion, whether or not such material may be protected by law. Fairpay may, but shall not be obligated to, review, monitor, or remove User Content, at Fairpay's sole discretion and at any time and for any reason, without notice to you.

Network Access and Devices.

You are responsible for obtaining the data network access necessary to use the Services. Your mobile network's data and messaging rates and fees may apply if you access or use the Services from your device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto. Fairpay does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.

5. PaymentYou understand that use of the Services may result in charges to you for the services or goods you receive ("Charges"). Fairpay will receive and/or enable your payment of the applicable Charges for services or goods obtained through your use of the Services. Charges will be inclusive of applicable taxes where required by law. Charges may include other applicable fees, tolls, and/or surcharges including a booking fee, municipal tolls, airport surcharges or processing fees for split payments.

All Charges and payments will be enabled by Fairpay using the preferred payment method designated in your Account, after which you will receive a receipt by email. If your primary Account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that Fairpay may use a secondary payment method in your Account, if available. Charges paid by you are final and non-refundable, unless otherwise determined by Fairpay.

As between you and Fairpay, Fairpay reserves the right to establish, remove and/or revise Charges for any or all services or goods obtained through the use of the Services at any time in Fairpay's sole discretion. Further, you acknowledge and agree that Charges applicable in certain geographical areas may increase substantially during times of high demand. Fairpay will use reasonable efforts to inform you of Charges that may apply, provided that you will be responsible for Charges incurred under your Account regardless of your awareness of such Charges or the amounts thereof. Fairpay may from time to time provide certain users with promotional offers and discounts that may result in different amounts charged for the same or similar services or goods obtained through the use of the Services, and you agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of the Services or the Charges applied to you. You may elect to cancel your request for Services at any time prior to the commencement of such Services, in which case you may be charged a cancellation fee on a Third Party Provider’s behalf. After you have received services or goods obtained through the Service, you will have the opportunity to rate your experience and leave additional feedback. Fairpay may use the proceeds of any Charges for any purpose, subject to any payment obligations it has agreed to with any Third Party Providers or other third parties.

In certain cases, with respect to Third Party Providers, Charges you incur will be owed directly to Third Party Providers, and Fairpay will collect payment of those charges from you, on the Third Party Provider’s behalf as their limited payment collection agent, and payment of the Charges shall be considered the same as payment made directly by you to the Third Party Provider. In such cases, you retain the right to request lower Charges from a Third Party Provider for services or goods received by you from such Third Party Provider at the time you receive such services or goods, and Charges you incur will be owed to the Third Party Provider. Fairpay will respond accordingly to any request from a Third Party Provider to modify the Charges for a particular service or good. This payment structure is intended to fully compensate a Third Party Provider, if applicable, for the services or goods obtained in connection with your use of the Services. In all other cases, Charges you incur will be owed and paid directly to Fairpay or its affiliates, where Fairpay is solely liable for any obligations to Third Party Providers. In such cases, you retain the right to request lower Charges from Fairpay for services or goods received by you from a Third Party Provider at the time you receive such services or goods, and Fairpay will respond accordingly to any request from you to modify the Charges for a particular service or good. Except with respect to taxicab transportation services requested through the Application, Fairpay does not designate any portion of your payment as a tip or gratuity to a Third Party Provider. Any representation by Fairpay (on Fairpay's website, in the Application, or in Fairpay's marketing materials) to the effect that tipping is "voluntary," "not required," and/or "included" in the payments you make for services or goods provided is not intended to suggest that Fairpay provides any additional amounts, beyond those described above, to a Third Party Provider you may use. You understand and agree that, while you are free to provide additional payment as a gratuity to any Third Party Provider who provides you with services or goods obtained through the Service, you are under no obligation to do so. Gratuities are voluntary.

Driver Subscription

You understand that the driver’s use of the application requires a paid subscription. This subscription is paid out weekly or monthly and can be recurring as long as you use the service. A full week begins every Monday at 12:01am PT, and ends at 12am every Sunday PT. The service can be discontinued after midnight of every Sunday, which constitutes the full week of the paid period. The cost of the weekly subscription may change depending on market factors. Promotional activities and referrals may generate for the driver some dollar credits to be applied to subscription payments. At the initial sign up and use of the service, drivers are credited a full two-week paid subscription, thereby allowing them to use the Service for 3 weeks while paying only for one. After the promo period, the weekly subscription fee shall be debited from the Drivers' earnings, and so on thereafter until the driver decides to pause or discontinue for a week.

$15 New Rider Credit:

You understand that Fairpay may distribute $15 as credit for new Riders to promote ridership. You understand that once this $15 credit is issued to the driver after the ride, it will be applied as a subscription fee credit and cannot be added to the Driver earnings or tips. You agree to honor passengers that may use the credit of $15.00.

Repair, Cleaning or Lost and Found Fees.

Passengers shall be responsible for the cost of repair for damage to, or necessary cleaning of, vehicles and property resulting from use of the Services under your Account in excess of normal "wear and tear" damages and necessary cleaning ("Repair or Cleaning"). In the event that a Repair or Cleaning request is verified by Fairpay, in Fairpay's reasonable discretion, Fairpay reserves the right to facilitate payment for the reasonable cost of such Repair or Cleaning using your payment method designated in your Account. Such amounts, as well as those pertaining to lost and found goods, will be transferred by Fairpay to a Third Party Provider, if applicable, and are non-refundable.

6. Disclaimers Limitation of Liability Indemnity.
DISCLAIMER.THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." FAIRPAY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, FAIRPAY MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SERVICES OR ANY SERVICES OR GOODS REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. FAIRPAY DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF THIRD PARTY PROVIDERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE OR GOOD REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.

LIMITATION OF LIABILITY.FAIRPAY SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, REGARDLESS OF THE NEGLIGENCE (EITHER ACTIVE, AFFIRMATIVE, SOLE, OR CONCURRENT) OF FAIRPAY, EVEN IF FAIRPAY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

FAIRPAY SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD PARTY PROVIDER, EVEN IF FAIRPAY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FAIRPAY SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND FAIRPAY'S REASONABLE CONTROL. YOU ACKNOWLEDGE THAT THIRD PARTY PROVIDERS PROVIDING TRANSPORTATION SERVICES REQUESTED THROUGH SOME REQUEST PRODUCTS MAY OFFER RIDESHARING OR PEER-TO-PEER TRANSPORTATION SERVICES AND MAY NOT BE PROFESSIONALLY LICENSED OR PERMITTED.

THE SERVICES MAY BE USED BY YOU TO REQUEST AND SCREEN TRANSPORTATION OPTIONS, OR LOGISTICS SERVICES WITH THIRD PARTY PROVIDERS, BUT YOU AGREE THAT FAIRPAY HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY TRANSPORTATION, GOODS OR LOGISTICS SERVICES PROVIDED TO YOU BY THIRD PARTY PROVIDERS OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS. THE LIMITATIONS AND DISCLAIMER IN THIS SECTION DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, FAIRPAY’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. THIS PROVISION SHALL HAVE NO EFFECT ON FAIRPAY’S CHOICE OF LAW PROVISION SET FORTH BELOW.
Indemnity.You agree to indemnify and hold Fairpay and its affiliates and their officers, directors, employees, and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys' fees), arising out of or in connection with: (i) your use of the Services or services or goods obtained through your use of the Services (ii) your breach or violation of any of these Terms (iii) Fairpay's use of your User Content or (iv) your violation of the rights of any third party, including Third Party Providers.

7. Other Provisions Choice of Law.These Terms are governed by and construed in accordance with the laws of the State of California, U.S.A., without giving effect to any conflict of law principles, except as may be otherwise provided in the Arbitration Agreement above or in supplemental terms applicable to your region. However, the choice of law provision regarding the interpretation of these Terms is not intended to create any other substantive right to non-Californians to assert claims under California law whether that be by statute, common law, or otherwise. These provisions, and except as otherwise provided in Section 2 of these Terms, are only intended to specify the use of California law to interpret these Terms and the forum for disputes asserting a breach of these Terms, and these provisions shall not be interpreted as generally extending California law to you if you do not otherwise reside in California. The foregoing choice of law and forum selection provisions do not apply to the arbitration clause in Section 2 or to any arbitrable disputes as defined therein. Instead, as described in Section 2, the Federal Arbitration Act shall apply to any such disputes.
Notice.Fairpay may give notice by means of a general notice on the Services, electronic mail to your email address in your Account, telephone or text message to any phone number provided in connection with your account, or by written communication sent by first class mail or pre-paid post to any address connected with your Account. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email or telephone). You may give notice to Fairpay, with such notice deemed given when received by Fairpay, at any time by first class mail or pre-paid post to our registered agent for service of process, c/o Fairpay Inc.

General.Best Practices:

Driver Qualification/Eligibility

1. Drivers must possess the required license to operate the vehicle.

2. Drivers must have at least one year of total rideshare driving experience.

3. Drivers must maintain an acceptable motor vehicle driving record (MVR).

4. No drug/alcohol violations, such as driving under the influence (DUI) & driving while intoxicated (DWI).

5. No major violations in the last three years.

Major Violations (examples) Excessive speeding — 15 mph or more over the posted speed limit

- Racing or exhibition driving

- Careless/reckless/imprudent driving

- Attempting to elude a police officer

- Failure to stop/report an accident

- Making a false accident report

- Failure to stop for a school bus Vehicular homicide, manslaughter or assault resulting from a vehicle-related incident

6. Minor moving violations and at-fault collisions (combined):

- No more than three in the past three years.

- No more than two in the last 12 months.

Minor Violations/Accidents (examples)

- Any moving violation not listed under major violations

- Non-moving violations are not typically counted but should be reviewed individually as some may indicate a disregard for safety

- All accidents except: Verifiable not-at-fault accidents

- Animal collisions Broken windshields

7. Drivers must be physically able to safely operate the vehicle or without reasonable accommodations.

8. Drivers must immediately report license suspensions, revocations and other restrictions and cease driving.

9. All new moving violations must be reported by the next business day.10.Management reserves the right to vary qualifications as needed due to unique situations.

Distracted Driving

Phone Use

1. Drivers are prohibited from making or receiving phone calls unless safely parked or it is an emergency.

2. Drivers are prohibited from texting, browsing the internet, interacting with social media, etc., even if the interaction is hands-free. This includes voice-to-text messaging.

3. Drivers should limit other distracting activities while the vehicle is in motion. This includes, eating, reading, reaching for objects and interacting with vehicle infotainment systems.

4. Drivers should be aware of the impact of an over-the counter drug or prescribed medications on his or her driving and follow precautions outlined, including not driving. Inform doctors of your driving responsibilities when receiving any new medical recommendation.

5. Being under the influence of alcohol or a controlled substance is prohibited while operating a vehicle.

6. Consumption of alcohol by drivers during working hours or within 4 hours prior to driving is prohibited.

7. Possessing controlled substances or open containers of alcohol in a vehicle is prohibited.

Defensive Driving

Drivers should drive in a defensive manner, including the following:

1. Maintain a safe speed, adjusting for traffic, road and weather conditions.

2. Maintain a cushion of safety around your vehicle with an emphasis on proper following distance.

3. A minimum of three seconds is required for light vehicles with additional distance needed for larger vehicles or in poor traffic/road/weather/visibility conditions.

4. Allow tailgaters to pass you.

5. Stay out of the blind spots of other vehicles.

6. Scan ahead to identify hazardous conditions or actions of others and be prepared to stop.

7. Yield to the right-of-way of others. This includes stopping at intersections and not pulling out in front of others.

8. Anticipate unsafe actions of others, such as: not stopping where required, pulling out in front of you, or driving distracted. Cover your brake and be prepared to slow or stop. Distance your vehicle from distracted drivers.

9. Be extremely cautious when driving around pedestrians and bicyclists. Pedestrian- related auto accidents are on the rise, partially attributed to pedestrians being distracted on their smartphones.

10. Limit lane changes and passing.

11. Abide with all Federal, State and local authorities regarding extreme weather conditions.

Vehicle Inspections and Maintenance

1. Drivers are required to conduct a daily inspection of their vehicle with special emphasis on lights, turn signals, and tires. Monthly documented inspections are required using our inspection form.

2. Defects should be reported immediately and remedied. Drivers should not operate vehicles deemed unsafe until repairs are made.

3. Drivers should ensure their vehicles are maintained in accordance with manufacturer’s requirements. Records of driver-initiated maintenance and repairs should be reported/submitted.

4. Drivers are responsible to address and remedy any vehicle recall by government agencies or manufacturers.

Additional Driver Rules and Responsibilities

1. Seatbelt and shoulder harness use is required for all drivers and passengers.

2. Drivers should adhere to local, state and federal traffic laws.

3. Drivers are required to pay fines for any violations received.

4. Smoking is prohibited in vehicles.

5. Drivers are required to attend all driver safety meetings and review safe driving materials provided by the company.

Roadway Emergency Stops

1. Stopping along a roadway is dangerous and should only be done in an emergency, such as a breakdown.

2. When possible, get off the roadway as soon as possible using your four-way flashers to warn other vehicles of your reduced vehicle speed.

3. If you must stop: Move as far off the roadway as safely possible, being aware of soft or sloped shoulders. Try not to stop on a curve or other areas where it will be difficult to be seen by other motorists. Turn on your emergency flashers and put out reflective safety triangles as depicted below. Do not work on your vehicle. Have the vehicle towed to a safer location to complete the repairs.

Accidents

Steps to take when an automobile accident occurs

Stop. Secure the scene. Turn off ignition if you are involved in an auto accident. Do not smoke. Provide for immediate care - Call 9-1-1 if anyone involved needs emergency care. Do not move an injured person unless their life is in danger. Notify law enforcement as needed - Cooperate with the authorities. In many states, it is unlawful to leave an accident without permission. Collect all the information you need to create an accurate report. Take notes and pictures describing what happened and all that you notice before leaving the scene of the accident. Don't take responsibility for what happened - Discuss what happened only with a police officer, your supervisor, the claim representative, or your agent.

Requirement for Driver Owned Vehicles

1. Proof of vehicle ownership is required. Providing a copy of the state registration card is required at enrollment.

2. Driver Insurance requirements:The driver is responsible for all accidents occurring with his or her vehicle. Fairpay assumes no responsibility for any loss or damage to the Driver's personally owned or leased vehicle or for any loss or damage to the Driver's personal property. Drivers must provide and maintain current proof of insurance (POI) with minimum limits of at least: $300,000/$500,000/S100,000 (bodily Injury per person/bodily injury per accident/property damage) or limits established by the state in which the vehicle is operated. The insurance policy should cover business use of the vehicle.

3. Vehicles should be in good condition and less than 8 years of age and less than 150K miles.

4. Vehicles should be maintained according to manufacturer guidelines and records of maintenance and repairs retained by the Driver.

5. Drivers are required to conduct a daily inspection of their vehicle with special emphasis on lights, turn signals, and tires.

6. A weekly verification of Driver rating from rideshare companies shall be made as a requirement for membership eligibility.

7. No rideshare Driver who is rated by Rideshare Companies, less than 4.5% shall be allowed to enroll for the week.

8. After 60 days of continued membership, the Driver rating on the Fairpay Drive app should be more than 4.9% to maintain good standing. This will be part of the Driver's weekly subscription requirement.

Any changes to the Terms of Service shall be made known to all subscribers through email and through the in-app notification. Any suggestions or comments regarding this TOS should be sent via email to support@fairpayride.com, for consideration. The use of the Service constitutes agreement to the Terms of Service.

dated: April 3, 2024