Privacy Policy

GOMUVE (“Muve”, “we”, “our” or “us”) provides a technology platform comprising a mobile  application (the “App”), website, call center, and dispatch software that enables persons who seek  transportation to certain destinations to arrange and schedule transportation and/or logistics  services and entertainment services (“Muve’s Family of Services” or the “Services”). This  Privacy Policy (the “Policy“) describes the information that we gather on or through the Services  we provide, how we use and disclose such information, and the steps we take to protect such  information. By using the App and our Services, you accept the terms and conditions of this Policy.  This Policy applies to both drivers and passengers (the “Users” or the “Customers”).  

  1. From whom do we collect personal information ? 

Depending on the circumstances, we collect from Users directly or from people taking care of an  individual with disabilities, such as a member of individual’s family, doctors, or any person legally  responsible for an individual (collectively the “Caretakers”). In certain circumstances, a  Caretaker can have authority to communicate User’s personal information in cases where consent  is granted by the User and the Caretaker. If the consent cannot be granted by the User because of  his or her medical situation, we obtain the consent from the Caretaker.  

  1. Why do we collect and use personal information? 

We may collect and use personal information in order to manage our business operations, including  for the following reasons: 

̶ To deliver the Muve’s Family of Services, which includes: to arrange and schedule  transportation and/or logistics services; 

̶ To bill Users and collect payment for Services;  

̶ To understand User abilities so as to perform Service accommodations; ̶ To confirm or authenticate Users’ identities and information; 

̶ To fulfill our contractual and legal obligations. For instance, due to our partnerships with  governments partners, we have to collect several information from Users.  

  1. What personal information do we collect? 

We may collect and process different types of personal information from Users in the course of  providing our services. These include: 

̶ Contact information which includes first and last name, address, email address and phone  number, year of birth; 

̶ Transactional information, which includes Users’ credit card number, zip/postal code,  cardholder name, and expiration date.

̶ Identification and other background verification information which includes a copy of  driver’s licence ; 

̶ Health information, which includes whether the User is in wheelchair and/or has mobility  issues, hearing loss, memory loss, vision loss and blindness, speech and/or language  disorders, loss of limbs, or other medical conditions that the drivers should know in order  to deliver appropriate services to the User; 

̶ Plate numbers, make, model and color of the vehicle; 

̶ Availabilities and/or working schedule; 

̶ Driver’s exact location in temporary storage and driver’s general location in permanent  storage. 

We may also collect information relating to your use of the App or our Web sites through the use of various technologies. For example, when you visit the App or our Web sites, we may log certain information that your phone or browser sends us, such as your IP address, browser type and language, access time, and referring Web site addresses. We may also collect information about the pages you view within our sites and other actions you take while visiting us. In addition, we may also use such technologies to determine whether you’ve opened an e-mail or clicked on a link contained in an e-mail. Collecting information in this manner allows us to collect statistics about our Web sites usage and effectiveness and personalize your experience while you are on our Web sites, as well as tailor our interactions with you. For details regarding the technologies we employ,  see “Cookies, Web Beacon and Other Technologies” below. 

From time to time, we may also collect information that pertains to you indirectly through other sources. When we do so, we ask these third parties to confirm that the information was legally acquired and that we have the right to obtain it from them and use it. 

The information that we collect, either directly or indirectly, may be combined to help us improve its overall accuracy and completeness and to help us better tailor our interactions with you. 

If you wish to request that we no longer use your registration information to provide you services  contact us at unsubscribe@gomuve.com. We will retain and use your registration information as  necessary to comply with our legal obligations, resolve disputes, and enforce our agreements. 

Cookies, Web Beacons and Other Technologies 

As mentioned above, we collect information from your use of the App and your visits to our Web sites to help us gather statistics about Service usage and effectiveness, personalize your experience on our sites, and tailor our interactions with you. 

We do so through the use of various technologies, including one called “cookies”. A cookie is a  piece of data that a Web site can send to your browser, which may then be stored on your computer as a tag that identifies your computer. While cookies are often only used to measure Web site usage and effectiveness and to allow for ease of navigation or use and as such, are not associated with any personal information, they are also used at times to personalize a known visitor’s experience to a Web site by being associated with profile information or user preferences. You can set your browser in most instances to notify you before you receive a cookie, giving you the chance to decide whether to accept it or not. You can also generally set your browser to turn off cookies.  Since cookies allow you to take advantage of some of our Web sites’ features, we recommend that you leave them turned on. If you block or otherwise reject our cookies, you will not be able, for instance, to add items to your shopping cart, proceed to checkout, or use any Web site services that require you to sign in. 

Some MUVE Web sites also use Web beacon or other technologies to better tailor those sites to provide better customer service. These technologies may be in use on a number of pages across  MUVE’s Web sites. When a visitor accesses these pages, a non-identifiable notice of that visit is generated which may be processed by us or by our suppliers. These Web beacons usually work in conjunction with cookies. If you don’t want your cookie information to be associated with your visits to these pages, you can set your browser to turn off cookies. If you turn off cookies, Web beacon and other technologies will still detect visits to these pages; however, they will not be associated with information otherwise stored in cookies. 

We may also include Web beacons in marketing e-mail messages or our newsletters in order to  determine whether messages have been opened and links contained within clicked on. 

  1. With whom do we share personal information? 

In certain circumstances, in order to perform the Services, we may disclose certain information  that we collect from you: 

  • With Third Party Service Providers who provide services or functions on our behalf,  including Stripe, Paypal, Twilio, Google, Mapbox and PubNub (collectively the “Third  Party Service Providers”). Third Party Service Providers have access to and may collect  information only as needed to perform their functions and are not permitted to share or use  the information for any other purpose.  
  • With law enforcement and governmental entities when required by law or contract. For greater clarity, we may disclose personal information to governmental entities for purposes such as verifying subsidy info. We may also disclose personal information or other  information if required to do so by law or in the good-faith belief that such action is  necessary to comply with applicable laws, in response to a facially valid court order,  judicial or other government subpoena or warrant, or to otherwise cooperate with law  enforcement or other governmental agencies;  
  • When applicable, to an acquirer, successor or assignee as part of any merger, acquisition,  debt financing, sale of assets, or similar transaction, as well as in the event of an insolvency,  bankruptcy, or receivership in which information is transferred to one or more third parties as one of our business assets and only if the recipient of your personal information commits to a privacy policy that has terms substantially consistent with this Policy. 

When we disclose your personal information to any third party, we take reasonable measures to ensure that the rules set forth in this Policy are complied with. While we attempt to facilitate access only to those Third Party Service Providers that share our respect for the protection of your personal information, we are not responsible for the privacy policies or practices of Third Party Service  Providers, and you are responsible for reading and understanding those Third Party Service  Providers’ privacy policies. 

  1. How long and where do we keep personal information? 

We will only keep personal information for as long as reasonably necessary to fulfill the relevant  purposes set out in this Policy and in order to comply with our legal and regulatory obligations.  Your personal information may be stored and processed in any country where we have facilities  or in which we engage Third Party Service Providers. 

By using the Service, you consent to the transfer of information to countries outside your country of residence, which countries may have different data protection rules than your country. Your information, in this case, will be subject to the laws of the country in which it is held and may be subject to disclosure to the governments, courts or law enforcement, or regulatory agencies of such other country, pursuant to the laws of such country. Our practices regarding your personal information will at all times continue to be governed by this Policy and applicable privacy laws. 

If you would like further information regarding the periods for which personal information will be kept, please contact us as set forth in the “How to contact us?” section.  

  1. How do we protect personal information? 

We follow generally accepted industry standards to protect the information submitted to us, both during transmission and once we receive it. We maintain appropriate physical, technical, and administrative safeguards to protect personal information against accidental or unlawful destruction, accidental loss, unauthorized alteration, unauthorized disclosure or access, misuse,  and any other unlawful form of processing of the personal information in our possession. However,  no method of transmission over the Internet, or method of electronic storage, is 100% secure. We cannot ensure that such information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or administrative safeguards. If you believe personal information has been compromised, please contact us as set forth in the “How to contact us?” section. 

  1. What rights do you have in relation to your personal information? 

Under certain circumstances and in accordance with applicable data protection laws, Users and  Caretakers are entitled to ask if we are processing information and, if we are, request access to personal information. Users and Caretakers are also entitled to request that any incomplete or inaccurate personal information we hold be corrected. 

To exercise any of these rights, please contact us as set forth in the “How to contact us?” section. 8. How do we make changes to this Policy? 

Please revisit this page periodically to stay aware of any changes to this Policy, which we may  update from time to time. If we modify this Policy, we will make it available through the App and  our website, and indicate the date of the latest revision. Your continued use of MUVE’s Family of services after the revised Policy has become effective indicates that you have read, understood  and agreed to the current version of the Policy. 

  1. How to contact us? 

For any questions or comments about this Policy or personal information, to make an access or  correction request, to make a complaint or to obtain information about our policies and practices  with respect to any service providers outside Canada, please contact: info@gomuve.com 

[Last Update: March-01-2021]

 

 

Terms of Use

Version 1.0 posted and effective as of March 01, 2021.  

THESE TERMS OF USE (“AGREEMENT” OR “TERMS”) ARE A LEGAL CONTRACT  BETWEEN YOU AND 9363-8575 Quebec, Inc. (a/k/a GoMUVE Technologies) (“MUVE,”  “US,” “WE,” “OUR”). THEY GOVERN YOUR INSTALLATION AND USE OF THE MUVE  APP MOBILE APPLICATION, AS WELL AS YOUR ACCESS TO AND USE OF ALL  SERVICES PROVIDED THROUGH OR ENABLED BY THE APP, WEBSITES, CALL  CENTER, CONTENT, PRODUCTS, DISPATCH SOFTWARE, AND OTHER SERVICES  MADE AVAILABLE BY MUVE.  

PLEASE READ CAREFULLY, SINCE THIS DOCUMENT INCLUDES LIMITATIONS OF  LIABILITY, AS WELL AS DISCLAIMERS OF WARRANTIES, AND OTHER TERMS  WHICH AFFECT YOUR LEGAL RIGHTS. IF YOU DO NOT AGREE WITH THESE  TERMS, OR IF YOU LACK CAPACITY OR AUTHORITY TO AGREE TO THESE TERMS,  DO NOT INSTALL OR USE THE APP, BROWSE THE SITE, CALL THE CALL CENTER,  USE THE DISPATCH SOFTWARE, OR ACCESS THE SERVICES. IF YOU DO ACCESS  OR USE THE SERVICES, THEN YOU WILL BE CONSIDERED TO HAVE AGREED TO  THESE TERMS.  

If you have any question regarding these Terms, you can contact us at:  

MUVE  

8201 Keele Street – Unit 1  

Concord, ON Canada  

Email:info@gomuve.com  

  1. Changes to these Terms

We may amend any part of these Terms by adding, deleting, or varying their content. These  amendments may be made at any time and from time-to-time in our discretion, and could occur  very close together, or very far apart, depending on the circumstances.  

We will provide you with notice of the proposed amendment by posting an amended version of  these Terms with a new version number. We will include a link to the previous version of the  terms beneath the new version number. The amendments will take effect thirty (30) days after  the date on which the amended version is posted. Prior to that date, the previous version of the  Terms will continue to apply.  

If you disagree with any amendments, you may terminate this Agreement by uninstalling the  App and ceasing to request, offer, receive, or provide the Services at any time within the thirty  (30)-day notice period. 

IF YOU DO NOT UNINSTALL THE APP AND CEASE USING THE SERVICES  DURING THAT TIME, THEN BY YOUR CONTINUED USE, YOU HAVE ACCEPTED  THE PROPOSED AMENDMENTS.  

ADDITIONALLY, IF YOU REINSTALL THE APP OR BEGIN REQUESTING,  OFFERING, RECEIVING, OR PROVIDING THE SERVICES AGAIN, YOU HAVE  ACCEPTED THE AMENDMENTS THEN IN EFFECT.  

  1. Services

MUVE provides a technology platform comprising a mobile application, website, call center,  and dispatch software (each, an “Application” or “App”) that enables persons who seek  transportation to certain destinations (“Riders”) to arrange and schedule transportation services  with independent third party transportation providers, including independent third party  transportation providers under agreement with MUVE or certain of MUVE’s affiliates  (“Drivers”). Drivers and Riders are collectively referred to herein as “Users.” The Application  also allows Users to access and view data or reviews generated by voluntary User input and  subsequently provided by MUVE concerning the accessibility of buildings, curbs, locations, or  physical spaces to persons with disabilities or movement impairments (“Accessibility Data”).  

For purposes of these Terms, the driving services provided by Drivers to Riders that are matched  through the App shall be referred to collectively as the “Services”. Any decision by a User to  offer or accept Services is a decision made in such User’s sole discretion. Each transportation  Service provided by a Driver to a Rider shall constitute a separate agreement between such  persons.  

As a User, you authorize MUVE to match you with a Driver or Rider based on factors such as  your location, the estimated time to pickup, your destination, user preferences, and platform  efficiency, and to cancel an existing match and rematch based on the same considerations.  

Unless otherwise agreed by Driver or Rider in a separate written agreement with you, the  Services are solely for your personal, non-commercial use.  

YOU AGREE AND ACKNOWLEDGE THAT MUVE DOES NOT PROVIDE  TRANSPORTATION SERVICES AND DOES NOT FUNCTION AS A  TRANSPORTATION CARRIER, AND THAT ALL SUCH TRANSPORTATION  SERVICES ARE PROVIDED BY INDEPENDENT THIRD-PARTY CONTRACTORS  WHO ARE NOT EMPLOYED BY MUVE OR ANY OF ITS AFFILIATES.  

  1. a) Licence

We do not sell the Application. You are authorized to use the Application only under the terms  of this Agreement. As explained in the previous section, we cannot control – nor accept any  responsibility for – any other issues.  

Subject to your compliance with this Agreement, and for as long as we provide a marketplace for  your request, offer, receipt, and provision of Services through the Application, we grant to you a  limited, revocable, non-exclusive, non-transferrable, non-sublicensable licence to: (i) perform and use the Application on your personal device solely in connection with your request, offer,  receipt, or provision of the Services; and (ii) access and use any content, information and related  materials that may be made available through the request, offer, receipt, or provision of Services,  in each case solely for your personal, non-commercial use. For greater certainty, this does not  include any right to directly access the software, databases, algorithms or data which powers the  App, nor any right to obtain a copy of the source code or architecture thereof. Any rights not  expressly granted herein are reserved by MUVE and MUVE’s licensors.  

The App functions and all rights and data created thereby therein are and shall remain MUVE’s  property or the property of MUVE’s licensors. Neither these Terms nor your performance of the  App, nor your request, offer, receipt, or provision of the Services convey or grant to you any  rights: (i) in or related to the App except for the limited license granted above; or (ii) to use or  reference in any manner MUVE’s company names, logos, product and service names,  trademarks or services marks or those of MUVE’s licensors.  

Your use right under these Terms is a personal, non-commercial right. It does not extend to  others, nor commercial activities, nor is it an enterprise-wide right.  

Similarly, we do not sell copies of the Site. Instead, we grant you permission to use as necessary  for ordinary browsing. As explained in the above, we cannot control – nor accept any  responsibility for – any other issues.  

  1. b) Third Party Services and Content

The Services may be made available or accessed in connection with third party services and  content (including advertising) that MUVE 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.  MUVE does not endorse such third party services and content and in no event shall MUVE be  responsible or liable for any products or services of such third party service providers.  

Additionally, Apple Inc., Google, Inc., Microsoft Corporation or BlackBerry Limited and/or  their applicable international subsidiaries and affiliates will be third-party beneficiaries 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.  

  1. c) Other Services

In addition to connecting Riders with Drivers, the App may enable Users to provide or receive  services from other third parties. For example, Users may be able to use the Services to request a  carpool ride from a commuter going in your direction (collectively, the “Other Services”).  

You understand and that the Other Services are subject to the terms and pricing of the third party  service provider. If you choose to purchase Other Services through the App, you authorize  MUVE to charge your payment method on file according to the pricing terms set by the third party provider. You agree that MUVE is not responsible and may not be held liable for the Other Services or the actions or omissions of the third-party provider. Such Other Services may not be  investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we  are not responsible for any Other Services accessed through the MUVE platform.  

  1. d) Who Can Use Our Services

The App, and the Services it facilitates, may only be used by individuals who can form legally  binding contracts under applicable law, and are not available or intended for use by anyone under  the age of majority or Users who have had their Account temporarily or permanently  deactivated. By using the Application, you represent and warrant that you are at least 18 years  old or the age of legal majority in your jurisdiction (if different than 18), and that you have the  right, authority and capacity to enter into and abide by the terms and conditions of this  Agreement. You may not allow other persons to use your User Account, and you agree that you  are the sole authorized user of your account.  

If you open an Account or make a transaction for the benefit of or on behalf of another person  (including but not limited to a legal person, a patient, a care recipient, or a relative) (collectively,  “Act”), then “you” refers to both you and that other person. You must only Act if you have the  permission of that person and the authority to bind that person to this Agreement.  

  1. e) Communications

By entering into this Agreement or by your request, offer, receipt, or provision Services, you  agree to receive communications from us, including via e-mail, text message, calls, and push  notifications (“Communications”). You agree that texts, calls or pre-recorded messages may be  generated by automatic telephone dialing systems. Communications from MUVE, its affiliated  companies and/or Drivers, may include but are not limited to: operational communications  concerning your User account, your performance of the App, or request, offer, receipt, or  provision of the Services, updates concerning new and existing App features, communications  concerning promotions run by us or our third-party partners, and news concerning MUVE and  industry developments. Standard text messaging charges applied by your cell phone carrier will  apply to text messages we send.  

You may opt-out of receiving Communications from MUVE at any time by following the  directions found at unsubscribe@gomuve.com. You acknowledge that opting out of receiving  Communications may impact your use of the Services.  

  1. f) Availability of Services

In all cases, your ability to request, offer, receipt, or provide Services via the App requires a  stable data connection and access to locational services like GPS. If your phone’s ability to  access data via wireless networks or the Internet is compromised, the Services may be delivery  slowly, inaccurately, or not at all. These connectivity problems can arise from many sources,  ranging from physical interference to power outages to errors by telecommunication providers.  Once again, your ability to effectively use the App or to request, offer, receive, or provide  Services may be compromised through no fault of MUVE, and we cannot accept any  responsibility for any problems or damages which might occur. 

Your ability to successfully request, offer, receive, or provide Services also depends on your  device. If your device is damaged, not compatible with the App (including updates to the App),  or if you have turned off settings on which the App relies to facilitation communication between  Riders and Drivers regarding the to request, receipt, and/or provision of Services (such as  location sharing), then your ability to effectively use the App or Services may be compromised  through no fault of MUVE, and we cannot accept any responsibility for any problems or  damages which might occur.  

We may update the App from time to time in order to improve the App and/or the request, offer,  receipt, or provision of Services. If you delay or refuse updates to the App, this may compromise  or completely prevent us from facilitating the request, offer, receipt, or provision the Services. If  you have turned on auto-updates on your device, this will cause updates to the App to install  automatically. By turning on auto-update settings, you expressly consent to the installation of  updates to the App.  

Your ability to effectively request, offer, receive, or provide the App depends on you having  access to the latest version of the App. If you delay or refuse updates to the App, this may  compromise or completely prevent the App’s functioning and your ability request, offer, receive,  or provide the Services. We cannot accept any responsibility for any problems or damages which  might occur.  

  1. g) Accessibility Data

This section applies to Accessibility Data made available to you by MUVE by any means or at  other physical or electronic locations as part of MUVE’s platform.  

MUVE may, from time to time, in MUVE’s sole discretion, permit you or other Users to submit,  upload, or otherwise make Accessibility Data available to MUVE through the App. If you  generate, submit, upload, or otherwise make available Accessibility Data, you agree to provide  and maintain accurate, current, and complete information concerning Accessibility Data, and that  we and other members of the public may rely on your provided Accessibility Data as accurate,  current, and complete. Any Accessibility Data you submit, upload, or otherwise make available  to MUVE may be accessible to MUVE and other Users of the MUVE App.  

By providing Accessibility Data to MUVE you shall, and hereby do, assign to MUVE all right  title and interest in and to the Accessibility Data you make available or deliver to MUVE through  the App. To the extent and in the event that the foregoing assignment is ineffective, you shall,  and hereby do, grant to MUVE a fully paid up, royalty free, worldwide, perpetual, irrevocable  right and license, with the right sublicense through multiple tiers, to make, have made, use, sell,  offer to sell, reproduce, modify, perform, display, and distribute such Accessibility Data in  MUVE’s sole discretion in all media now known or hereinafter invented.  

You agree and acknowledge that all Accessibility Data that make available or deliver to MUVE  through the App is non-proprietary and not confidential.  

To get the most out of the Services, it is important to understand the App, as well as the inherent  limitations of processing and providing Accessibility Data. We are an information organizer,  processor, and provider. We do not directly generate any of the information you see on the App, and instead the information is provided to us by third parties and users on a voluntary basis. We  cannot, and do not, verify all of this information. This means that if the information provided to  us by third parties is inaccurate or incomplete, your ability to effectively use the App or request,  receive, or provide Services may be compromised through no fault of ours, and we cannot accept  any responsibility for any problems or damages which might occur.  

We grant you a nonexclusive, limited, non-transferrable, non-sublicenceable, and revocable right  to use, reproduce, and display any Accessibility Data, databases, or publications published by us  for use by the general public, as long as you comply with the following terms:  

  1. You must cite MUVE as the source of any Accessibility Data in any publication which  you produce that includes, quotes, or relies on Accessibility Data in any way. If your  publication is in electronic format, you must link to Muve.com and existing any back links.  
  2. Apart from crediting MUVE as the source of the Accessibility Data, you must not use  any MUVE trademarks or any confusingly similar variants.  

iii. You must not claim or imply that MUVE endorses your use of the Accessibility Data or  the conclusions or derivative works which you might create.  

  1. You agree and acknowledge that the Accessibility Data is being provided on a “as is”,  “where is”, “when is”. MUVE does not warrant that data and publications will be error free or complete, and cannot assume responsibility for your use of the Accessibility Data.  
  2. You agree and acknowledge our right to alter, delete, or withdraw Accessibility Data at  any time without prior notice.  

You agree and acknowledge that MUVE, to the extent permitted by law, maintains all right, title,  and interest, including ownership, to all Accessibility Data generated by you and submitted,  uploaded, or otherwise made available to MUVE.  

  1. h) User Content

MUVE may, from time to time, in MUVE’s sole discretion, permit you or other Users to  provide, upload, publish, or post (including any profile information) or send to other Users  (including via in-application feedback, any email feature, or through any MUVE-related  Facebook, Twitter or other social media posting) through the Services textual, audio, and/or  visual content and information, including commentary and feedback related to the Services, and  initiation of support requests (“User Content”).  

“User Content” does not include Accessibility Data, nor do any written reviews that comprise  part of Accessibility Data.  

Any User Content you upload, provide, or post on the MUVE Services may be accessible to  MUVE and certain Users of the Services.  

Whenever you make use of a feature that allows you to upload User Content to our Site or App,  or to make contact with other users of our Site or App, you shall not and must not submit, and warrant that you have not submitted, works, data, or material which: is defamatory, obscene,  offensive, hateful or inflammatory; promotes sexually explicit material, violence, discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; infringes any copyright, database right or trade mark of any other person; is made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence; promotes any illegal activity; is threatening, abusive or invade another’s privacy or causes annoyance, inconvenience or needless anxiety; is likely to harass, upset, embarrass, alarm or annoy any other person;  advocates, promotes or assists any unlawful act such as (by way of example only) copyright infringement or computer misuse.  

Any User Content you upload to our Application will be considered non-confidential and non proprietary. You retain all of your ownership rights in your User Content, but by the act of uploading providing, or posting such User Content, you grant MUVE a perpetual, irrevocable,  worldwide, royalty-free, non-exclusive license, with the right to sublicence, to make, have made,  use, sell, offer for sale, import, store, copy, create derivative works of, publicly display, publicly perform, and otherwise exploit in any manner such User Content and to distribute and make it available to third parties during and after the term of your subscription without the requirement of payment to you or any other person or entity, all in any media now known or hereinafter invented.  

You agree to provide and maintain accurate, current, and complete information and that we and other members of the public may rely on your User Content as accurate, current, and complete.  

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 MUVE 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  MUVE’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.  

If User Content which you upload to our Application does not meet (or is alleged to not meet)  the above requirements, you will indemnify, defend, and hold us harmless for any claim,  action, suit, liability, proceeding, damage, fee (including attorney’s fees), and costs arising therefrom or relating thereto. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty. We have the right to remove any posting you make on our Application if, in our opinion, your post does not comply with the requirements set out above. We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our Application constitutes a violation of their intellectual property rights, or of their right to privacy.  

In addition, MUVE may, but shall not be obligated to, review, monitor, or remove User Content,  at MUVE’s sole discretion and at any time and for any reason, without notice to you.  

  1. i) Identification

In certain instances you may be asked to provide proof of identity to request, offer, receive, or  provide the Services via the App, and you agree that you may be denied the ability to request, offer, receive, or provide the Services if you refuse to provide proof of identity or if such proof  is, in MUVE’s sole discretion, inadequate.  

  1. Prohibited Uses and Activities

When installing the App and/or requesting, offering, receiving, or providing the Services, you  must comply with all applicable laws and regulations (e.g., no transport of unlawful or hazardous  materials). The following obligations apply to your request, offer, receipt, or provision of any or  all of the Services. When installing and performing the App and requesting, offering, receiving,  or providing the Services, you shall not:  

  1. decompile, disassemble, reverse engineer, investigate, or otherwise access any non-UI  portion of the App;  
  2. circumvent any limitations we place on your use of the App or your request, offer,  receipt, or provision of the Services;  
  3. use or display the App in such a way that this allows derivation of information about the  Services that was not intended to be made available to users;  
  4. circumvent any security features or technological protection measures built into the App;  
  5. automate access to the App or the Services, including, without limitation, through the use  of APIs, bots, scrapers or other similar devices, or 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;  
  6. impersonate any person or entity, or attempt to install the App or request, offer, receive,  or provide the Services after having been banned by us,  
  7. attempt to gain unauthorized access to or impair any aspect of the App or the Services or  its related systems or networks,  
  8. link to, mirror or frame any portion of the App or the Services;  
  9. reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell,  resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or  otherwise exploit the App or the Services except as expressly permitted by MUVE;  
  10. remove any copyright, trademark or other proprietary notices from any portion of the  App;  
  11. in your request, receipt, or provision of the Services, stalk, threaten, or otherwise harass  any person, or carry any weapons, or cause nuisance, annoyance, inconvenience, or  property damage, whether to the Driver, Rider, or any other party;  
  12. violate any law, statute, rule, permit, ordinance or regulation; 
  13. post User Content or interact with any person via the App in a manner which is  fraudulent, libelous, abusive, obscene, profane, sexually oriented, harassing, or illegal;  
  14. use the App or MUVE platform in any way that infringes any third party’s rights,  including, without limitation: intellectual property rights, copyright, patent, trademark,  trade secret or other proprietary rights or rights of publicity or privacy;  
  15. rent, lease, lend, sell, redistribute, license or sublicense the Services or access to any  portion of Services;  
  16. transfer or sell your User account, password and/or identification to any other party;  
  17. discriminate against or harass anyone on the basis of race, national origin, religion,  gender, gender identity, physical or mental disability, medical condition, marital status,  age or sexual orientation;  
  18. post, email or otherwise transmit any malicious code, files or programs designed to  interrupt, damage, destroy or limit the functionality of any computer software or  hardware or telecommunications equipment or surreptitiously intercept or expropriate  any system, data or personal information;  
  19. forge headers or otherwise manipulate identifiers in order to disguise the origin of any  information transmitted through the App or in connection with the request, offer, receipt,  or provision of Services; or,  
  20. cause any third party to engage in the restricted activities above.  
  21. Payment
  22. a) Charges

You understand that receipt of Services may result in charges to you for the services you receive from a Driver (“Charges”). After you have received services obtained through your use of the  App, MUVE will facilitate your payment of the applicable Charges on behalf of the Driver as such Driver’s limited payment collection agent. Payment of the Charges in such manner shall be considered the same as payment made directly by you to the Driver. Charges will be inclusive of applicable taxes where required by law.  

Charges paid by you are final and non-refundable, unless otherwise determined by MUVE in its  sole discretion. You as Rider retain the right to request lower Charges from a Driver for Services received by you from such Driver at the time you receive such Services. MUVE will respond accordingly, in its sole discretion, to any request from a Driver to modify the Charges for a  particular service. This no-refund policy shall apply at all times regardless of your decision to terminate your use of the App, your request, offering, receipt, or provision of the Services, any disruption to the MUVE platform or Services, or any other reason whatsoever.  

All Charges are due immediately and payment will be facilitated by MUVE using the preferred payment method designated in your Account, after which MUVE will send you 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 MUVE may, as the Driver’s limited payment collection agent, use a secondary payment method in your Account, if available.  

As between you and MUVE, MUVE reserves the right to establish, remove and/or revise  Charges for any or all Services at any time in MUVE’s sole discretion. Further, you acknowledge and agree that Charges applicable in certain geographical areas may increase substantially during times of high demand. MUVE 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.  

All Charges are facilitated through a third-party payment processing service (e.g., Stripe, Inc.).  MUVE may replace its third-party payment processing services without notice to you. Charges shall only be made through the App. Your payment of Charges to MUVE satisfies your payment obligation for your use of the MUVE App and the receipt of the Services.  

  1. b) Fares

Charges include fares. There are two types of fares, variable and quoted. Variable fares consist of a base charge and incremental charges based on the duration and distance of your ride. For particularly short rides, minimum fares may apply. Please note that we use GPS data from  Driver’s phone to calculate the distance traveled on the ride. We do not guarantee the availability or accuracy of GPS data. If we lose signal we will calculate time and distance using available data.  

In some cases MUVE may quote a fare at the time of the request for Services. The quote is  subject to change until the ride request is confirmed. If during the ride the Rider change the  destination, requests multiple stops, or attempts to abuse the MUVE platform, we may cancel the  fare quote and charge a variable fare based on the time and distance of the ride. MUVE does not  guarantee that the quoted fare price will be equal to a variable fare for the same ride.  

  1. c) Gratuities

Following a ride, Riders may elect to tip Drivers in cash or through the MUVE application. Any  tips will be provided entirely to the applicable Driver.  

The payment structure is intended to fully compensate the Driver for the Services provided. Any  representation by MUVE (on MUVE’s website, in the Application, or in MUVE’s marketing  materials) to the effect that tipping is “voluntary,” “not required,” and/or “included” in the  payments made for Services provided is not intended to suggest that MUVE provides any  additional amounts, beyond those described above, to the Driver. Riders understand and agree  that, while they are free to provide additional payment as a gratuity to any Driver who provides  Rider with Services obtained through the App, that Rider is under no obligation to do so.  Gratuities are voluntary.  

  1. d) Fees

You may be charged a “Service Fee” for each ride. 

At times of high demand, in MUVE’s sole discretion, for Services (“Prime Time”) you acknowledge that Charges may increase substantially. For all rides with a variable fare, MUVE  will use reasonable efforts to inform Riders of any Prime Time multipliers in effect at the time of  Rider’s request. For quoted fares, we may factor in the Prime Time multiplier into the quoted price of the ride.  

After requesting services from a Driver, a Rider may cancel the request through the App, A  cancellation fee may apply, in MUVE’s sole discretion. Riders may also be charged if Rider fails to show up after requesting Services. Please check out our Help Center to learn more about  MUVE’s cancellation policy, including applicable fees.  

Rider shall be responsible for the cost of repair for damage to, or necessary cleaning of, Driver vehicles and property resulting from Rider’s receipt of the Services under Rider’s Account in excess of normal “wear and tear” damages and necessary cleaning (“Repair or Cleaning”). In the event that a Driver reports the need for Repair or Cleaning, and such Repair or Cleaning request is verified by MUVE in MUVE’s sole discretion, MUVE reserves the right to facilitate payment for the reasonable cost of such Repair or Cleaning on behalf of the Driver using Rider’s payment method designated in Rider’s Account. Such amounts will be transferred by MUVE to the applicable Driver and are non-refundable. MUVE reserves the right (but is not obligated) to verify or otherwise require documentation of damages prior to processing Repair or Cleaning Fees.  

In some instances tolls (or return tolls) may apply to a ride. Please see our Help Center and website for more information about toll charges and a list of applicable tolls and return charges.  We do not guarantee that the amount charged by MUVE will match the toll charged to the Driver if any (“Tolls”).  

Other fee and surcharges may apply to a ride, including: actual or anticipated airport fees, state  or local fees, event fees as determined by MUVE or its marketing partners, in their sole  discretion, and processing fees for split payments. In addition, where required by law MUVE  will collect applicable taxes (“Other Charges”).  

  1. e) Promotions

MUVE 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 obtained through the  use of the App, and you agree that such promotional offers and discounts, unless also made  available to you, shall have no bearing on your use of the App, your request, offer, receipt, or  provision of the Charges applied to you.  

You may receive coupons that you can apply toward payment of certain Charges upon completion of a Ride. Coupons are only valid for use via the App, and are not transferable or redeemable for cash except as required by law. Coupons cannot be combined, and if the cost of a  ride exceeds the applicable credit or discount value we will charge Rider’s payment method on file for the outstanding cost of the Ride. For quoted or variable fares, MUVE may deduct the amount attributable to the Service Fee, Tolls, or Other Charges before application of the coupon.  If you split payment for a ride with another User, your coupon will only apply to your portion of the Charges. Additional restrictions on coupons may apply as communicated to you in a relevant promotion or by clicking on the relevant coupon within the Promotions section of the MUVE  App.  

  1. f) Drivers

If you are a Driver, you will receive payment for your provision of Services pursuant to the terms of the Driver Addendum, which shall form part of this Agreement between you and MUVE, and which is incorporated by reference. The Driver Addendum is available in the Driver dashboard when you log into your account.  

  1. User Accounts

In order to use the App and to request, offer, receive, or provide most aspects of the Services,  you must register for and maintain an active personal user account (“Account”). You must be at least 18 years of age, or the age of legal majority in your jurisdiction (if different than 18), to obtain an Account. Account registration requires you to submit to MUVE certain personal information, such as your name, address, mobile phone number, and age, as well as at least one valid payment method (either a credit card or accepted payment partner). 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 the App and to request, offer,  receive, or provide the Services or in MUVE’s termination of these Terms with you. 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 MUVE in writing, you may only possess one Account.  

You agree that your Account exists to facilitate your use of the App and your request, offer,  receipt, or provision the Services and that you do not own your Account. We can delete,  suspend, or modify your Account at any time and for any reason (in our sole discretion),  including breach of these Terms while using the App or Services. If we have deleted or suspended your account, or terminated these Terms with you, you may not create new accounts.  Any attempt to circumvent this rule will result in the immediate termination of your new  Account upon discovery.  

You are responsible for the use of your Account and MUVE expressly disclaims any liability arising from the unauthorized use of your Account. You accept full responsibility for all consequences (including unauthorized purchases) of unauthorized third party access to your  Account or credentials. Should you suspect that any unauthorized party may be using your account or you suspect any other breach of security, you agree to notify us immediately.  

You may be able to create or log in to your Account through online accounts you may have with third-party social networking sites (each such account, an “SNS Account”). By connecting to  MUVE through an SNS Account, you understand that MUVE may access, store, and make available any SNS Account content according to the permission settings of your SNS Account  (e.g., friends, mutual friends, contacts or following/followed lists (the “SNS Content”)). You understand that SNS Content may be available on and through the App to other Users. Unless otherwise specified in this Agreement, all SNS Content, if any, shall be considered to be your  User Content. 

  1. Intellectual Property

All copyrights, trademarks (registered or unregistered), service marks, trade names, and other intellectual and proprietary rights associated with the MUVE Application and Services are owned by MUVE, including but not limited to graphical user interfaces, logos, images, slogans,  taglines, site designs, web designs, non-user-generated content, our organization and presentation of User Content, computer code, database rights, our recommendations formats and systems, and all other aspects of the Application and Services (collectively “App Material”) save and except for user-submitted User Content. You are prohibited from making any copies or modifications to any App Material, and from distributing or exploiting any App Material, in whole or in part,  other than as may be expressly provided for herein. 

All other trademarks, logos, service marks, company or product names set forth in the MUVE  platform are the property of their respective owners.  

Any questions, comments, suggestions, ideas, feedback, or other information (“Submissions”)  provided by you to us are non-confidential and shall become the sole property of MUVE  immediately upon, and by function of, delivery by you to MUVE. MUVE shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.  

  1. Confidential Information

You agree not to use any technical, financial, strategic and other proprietary and confidential information relating to MUVE’s business, operations and properties, information about a User made available to you in connection with such User’s use of the App, which may include the  User’s name, pick-up location, contact information and photo (“Confidential Information”)  disclosed to you by the App or for any purpose other than the use of the App or the request,  offer receipt or provision of Services. You shall not disclose or permit disclosure of any  Confidential Information to third parties. You agree to take all reasonable measures to protect the secrecy of and avoid disclosure or use of Confidential Information in order to prevent it from falling into the public domain.  

Notwithstanding the above, you shall not have liability to MUVE with regard to any Confidential  Information which you can prove: was in the public domain at the time it was disclosed by  MUVE or has entered the public domain through no fault of yours; was known to you, without restriction, at the time of disclosure, as demonstrated by files in existence at the time of disclosure; is disclosed with the prior written approval of MUVE; becomes known to you,  without restriction, from a source other than MUVE without breach of this Agreement by you and otherwise not in violation of MUVE’s rights; or is disclosed pursuant to the order or requirement of a court, administrative agency, or other governmental body; provided, however,  that you shall provide prompt notice of such court order or requirement to MUVE to enable  MUVE to seek a protective order or otherwise prevent or restrict such disclosure.  

  1. Disclaimer of Warranties 

NOT APPLICABLE TO QUEBEC CONSUMERS  

WE HEREBY EXCLUDE ALL REPRESENTATIONS, CONDITIONS AND WARRANTIES  REGARDING THE APPLICATION AND THE SERVICES, WHETHER EXPRESS,  IMPLIED, STATUTORY OR OTHERWISE.  

NOTABLY, AND WITHOUT LIMITING THE GENERALITY OF THE PRECEDING  PARAGRAPH, THE FOLLOWING DISCLAIMERS OF REPRESENTATIONS,  CONDITIONS, AND WARRANTIES ARE MADE ON BEHALF OF MUVE, OUR  AFFILIATES, SUBSIDIARIES, PARENTS, SUCCESSORS, AND ASSIGNS, AND EACH OF  OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND  SHAREHOLDERS.  

THE APP IS AND THE SERVICES ARE “AS IS” AND “AS AVAILABLE.” WE HEREBY  DISCLAIM ALL REPRESENTATIONS, CONDITIONS AND WARRANTIES REGARDING  THE APP AND THE SERVICES, WHETHER EXPRESS, IMPLIED, STATUTORY OR  OTHERWISE, INCLUDING ANY WARRANTIES OF TITLE, ANY REPRESENTATION,  CONDITION OR WARRANTY OF MERCHANTABILITY OR FITNESS FOR A  PARTICULAR PURPOSE, AND NON-INFRINGEMENT.  

WE MAKE 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.  

WE DO NOT GUARANTEE OR PROMISE ANY SPECIFIC RESULTS, INCLUDING THE  ABILITY TO PROVIDE OR RECEIVE SERVICES AT ANY GIVEN LOCATION OR TIME  OR ANY PARTICULAR LEVEL OF UP-TIME OR AVAILABILITY OF THE SERVICES.  THE SERVICES MAY BECOME UNAVAILABLE FOR MANY REASONS, INCLUDING,  WITHOUT LIMITATION, SCHEDULED AND UNSCHEDULED MAINTENANCE.  

WE DO NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY, OR ABILITY OF  RIDERS OR DRIVERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR  USE OF THE APP AND YOUR REQUEST, OFFER, PROVISION, OR RECEIPT OF  SERVICES, AND ANY SERVICE OR GOOD REQUESTED IN CONNECTION  THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT  PERMITTED UNDER APPLICABLE LAW.  

WE ARE NOT RESPONSIBLE FOR CONDUCT, ACTS, OR OMISSIONS, ONLINE OR  OFFLINE, OF ANY USER, INCLUDING UNAUTHORIZED USERS. YOU ARE SOLELY  RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS.  

RESPECTIVE AUTHORS ARE SOLELY RESPONSIBLE FOR THEIR OPINIONS, ADVICE,  STATEMENTS, OFFERS, INFORMATION OR CONTENT MADE THROUGH OUR  SERVICES. WE ARE NOT RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING  FROM YOUR RELIANCE ON INFORMATION OR OTHER CONTENT POSTED BY  THIRD PARTIES USING OUR SERVICES. 

IT IS NOT REASONABLE TO RELY UPON THE OPINIONS, ADVICE, STATEMENTS,  OFFERS, OR OTHER INFORMATION CONCERNING US OR MADE AVAILABLE  THROUGH THE APP OR IN CONNECTION WITH THE SERVICES, BUT NOT DIRECTLY  MADE BY US.  

WE DO NOT GUARANTEE THE AVAILABILITY, ACCURACY, COMPLETENESS,  RELIABILITY, OR TIMELINESS OF ACCESSIBILITY DATA AND ANY AND ALL DATA  TRACKED, DISPLAYED, OR OTHERWISE PROVIDED BY THE APP. ACCESSIBILITY  DATA IS FOR BASIC LOCATION AND INFORMATIONAL PURPOSE ONLY, AND NOT  INTENDED TO BE REPLIED UPON IN SITUATIONS WHERE PRECISE INFORMATION  IS NEEDED OR WHERE ERRONEOUS, INACCURATE, OR INCOMPLETE  ACCESSIBILITY DATA MAY LEAD TO DEATH, PERSONAL INJURY, PROPERTY, OR  ENVIRONMENTAL DAMAGE.  

  1. Limitation of Liability

NOT APPLICABLE TO QUEBEC CONSUMERS  

WITH THE EXCEPTION OF DIRECT DAMAGES ARISING FROM INTENTIONAL  WRONGDOING OR GROSS NEGLIGENCE, WE SHALL NOT BE LIABLE FOR ANY  DAMAGES CAUSED BY OR RELATED TO THE APPLICATION, THE SERVICES, OUR  ACTIONS OR INACTIONS, OR THESE TERMS (INCLUDING THE BREACH OF THESE  TERMS). THIS LIMITATION OF LIABILITY SHALL APPLY TO ALL DIRECT,  INDIRECT, AND CONSEQUENTIAL DAMAGES HOWEVER CAUSED, WHETHER IN  CONTRACT, TORT (INCLUDING NEGLIGENCE), PROPERTY, PRIVACY, STATUTE, OR  OTHERWISE.  

NOTABLY, AND WITHOUT LIMITING THE GENERALITY OF THE PRECEDING  PARAGRAPH, WE SHALL NOT BE LIABLE FOR ANY LOSS OF DATA, LOSS OF  REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OPPORTUNITIES, LOST TIME,  LEGAL FEES, LITIGATION EXPENSES, OR PERSONAL INJURY OR PROPERTY  DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM  ANY USE OF THE SERVICES, EVEN IF MUVE HAS BEEN ADVISED OF THE  POSSIBILITY OF SUCH DAMAGES.  

MUVE SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES  ARISING OUT OF (i) YOUR USE, REQUEST, OFFER, RECEIPT OR PROVISION OF OR  RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE, REQUEST,  OFFER, RECEIVE OR PROVIDE THE SERVICES; OR (ii) ANY TRANSACTION OR  RELATIONSHIP BETWEEN YOU AND ANY OTHER USER, EVEN IF MUVE HAS BEEN  ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  

MUVE SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE. YOU  ACKNOWLEDGE THAT THIRD PARTY TRANSPORTATION PROVIDERS PROVIDING  TRANSPORTATION SERVICES REQUESTED THROUGH SOME REQUEST BRANDS  MAY OFFER RIDESHARING OR PEER-TO-PEER TRANSPORTATION SERVICES AND  MAY NOT BE PROFESSIONALLY LICENSED OR PERMITTED. 

THE APP MAY BE USED BY YOU TO REQUEST AND SCHEDULE TRANSPORTATION  SERVICES WITH DRIVERS, BUT YOU AGREE THAT MUVE HAS NO RESPONSIBILITY  OR LIABILITY TO YOU RELATED TO ANY TRANSPORTATION SERVICES PROVIDED  TO YOU BY DRIVERS OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS.  

  1. Indemnity & Release

You agree to, and shall, defend, indemnify and hold MUVE and its 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, request, offer,  receipt, or provision 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) MUVE’s use of your User  Content; (iv) your violation of the rights of any third party, including Users; (v) any allegation  that any materials that you submit to us or transmit through the App or to us infringe or  otherwise violate the copyright, trademark, trade secret or other intellectual property or other  rights of any third party; (vi) your ownership, use or operation of a motor vehicle or passenger  vehicle, including your provision of Services as a Driver; and/or (vii) any other activities in  connection with the Services. This indemnity shall be applicable without regard to the negligence  of any party, including any indemnified person  

[NOT APPLICABLE TO QUEBEC CONSUMERS].  

NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE CONTRARY, YOU  SHALL, AND HEREBY DO, WAIVE, RELEASE, AND DISCHARGE MUVE AND ALL OF  ITS OWNERS, STOCKHOLDERS, MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES,  AGENTS, REPRESENTATIVES, ASSIGNEES AND SUCCESSORS IN INTEREST,  (COLLECTIVELY, THE “RELEASED PARTIES”), FROM AND AGAINST ANY AND ALL  CAUSES OF ACTION, DAMAGES, ACTIONS, CLAIMS AND LIABILITIES, WHETHER  KNOWN OR UNKNOWN, ANTICIPATED OR UNANTICIPATED, SUSPECTED OR  UNSUSPECTED, RELATING TO OR ARISING FROM ANY ACTIVITY, OCCURRENCE  OR EVENT INVOLVING THE APP, ACCESSIBILITY DATA, SERVICES, OR OTHER  USERS (COLLECTIVELY, “CLAIMS”) TO THE FULLEST EXTENT PERMITTED BY  LAW. THIS RELEASE IS INTENDED TO RELEASE AND DISCHARGE THE RELEASED  PARTIES FROM ALL DAMAGES, ACTIONS, CLAIMS AND LIABILITIES OF ANY  NATURE, SPECIFICALLY INCLUDING, BUT NOT LIMITED TO, DAMAGES, ACTIONS,  CLAIMS AND LIABILITIES ARISING FROM OR RELATED TO PERSONAL INJURY  AND/OR THE NEGLIGENCE OF THE RELEASED PARTIES. YOU IRREVOCABLY  COVENANT NOT TO SUE MUVE OR ANY RELEASED PARTY WITH RESPECT TO  ANY CLAIM WAIVED, RELEASED OR DISCHARGED HEREBY.  

  1. Term and Termination
  2. a) General

This Agreement is effective upon your creation of a User account. This Agreement may be  terminated: a) by User, without cause, upon 30 days’ prior written notice to MUVE; or b) by  either Party immediately, without notice, upon the other Party’s material breach of this Agreement, including but not limited to any breach of Section 3 or breach of the Driver  Addendum.  

In addition, we may terminate this Agreement or deactivate your User account immediately in  the event: (1) you no longer qualify to provide Services or to operate the approved vehicle under  applicable law, rule, permit, ordinance or regulation; (2) you fall below our star rating or  cancellation threshold; (3) we have the good faith belief that such action is necessary to protect  the safety of the MUVE community or third parties, provided that in the event of a deactivation  pursuant to (1)-(3) above, you will be given notice of the potential or actual deactivation and an  opportunity to attempt to cure the issue to our reasonable satisfaction prior to our permanently  terminating the Agreement. For all other breaches of this Agreement, you will be provided notice  and an opportunity to cure the breach. If the breach is cured in a timely manner and to our  satisfaction, this Agreement will not be permanently terminated.  

  1. b) Termination without Cause

We may terminate these Terms without cause and without prior notice if we choose to  discontinue the App, the Services, or both. You may terminate these Terms without cause at any  time by uninstalling the App and ceasing to use the Services.  

  1. c) Survival

Clauses 1, 2.e), 2.h), 6 — 12 shall survive the termination of these Terms regardless of reason..  12. General 

  1. a) Governing law and jurisdiction

NOT APPLICABLE TO QUEBEC CONSUMERS  

These Terms are governed by the laws of Quebec, Canada, without regard to its principles of the  conflict of laws.  

  1. b) Dispute Resolution

We are committed to customer satisfaction, so if you have a problem or dispute, we will try to  resolve your concerns. But if we are unsuccessful in doing so within sixty (60) days of your  complaint, either of us may pursue claims as explained below.  

NOT APPLICABLE TO QUEBEC CONSUMERS  

Any and all litigation or disputes arising from or related to these Terms or the App or the  Services shall be submitted to, and be subject to, the exclusive jurisdiction of the federal courts  in the District of Montreal, Quebec, Canada.  

  1. c) Jury Trial Waiver

NOT APPLICABLE TO QUEBEC CONSUMERS 

All disputes arising from or relating to these Terms or the App shall be determined by a judge alone trial. You and us irrevocably waive any right to a trial by jury which might exist in any  forum.  

  1. d) Notice

MUVE may give notice by means of a general notice on the Services, electronic mail to your  email address in your Account, or by written communication sent to your address as set forth in  your Account. You may give notice to MUVE by written communication to MUVE’s mailing  address at 8201 Keele Street – Unit#1, Concord on L4K 1Z4.  

  1. e) Assignment

You may not assign any of your rights arising under these Terms without our prior written  consent. You give your approval to MUVE to assign or transfer these Terms in whole or in part,  including to: (i) a subsidiary or affiliate; (ii) an acquirer of MUVE’s equity, business or assets; or  (iii) a successor by merger.  

  1. f) Severance

If any provision of these Terms is held to be illegal, invalid or unenforceable, in whole or in part,  under any law, such provision or part thereof shall to that extent be deemed not to form part of  these Terms but the legality, validity and enforceability of the other provisions in these Terms  shall not be affected. In that event, the parties shall replace the illegal, invalid or unenforceable  provision or part thereof with a provision or part thereof that is legal, valid and enforceable and  that has, to the greatest extent possible, a similar effect as the illegal, invalid or unenforceable  provision or part thereof, given the contents and purpose of these Terms.  

  1. g) Relationship with MUVE

These Terms do not create any relationship of employment, partnership, agency, trust, franchise,  or joint venture between you, MUVE, or any Driver as a result of the contract between you and  MUVE or use of the Services. Nor do they create any fiduciary duties. You have no authority to  bind MUVE, and you undertake not to hold yourself out as an employee, agent or authorized  representative of MUVE.  

MUVE does not, and shall not be deemed to, direct or control you generally or in your performance under this Agreement specifically, including in connection with your provision of  Services, your acts or omissions, or your operation and maintenance of your vehicle. You retain the sole right to determine when, where, and for how long you will utilize the MUVE platform.  You retain the option to accept or to decline or ignore a Rider’s request for Services via the  MUVE platform, or to cancel an accepted request for Services via the MUVE platform, subject to MUVE’s then-current cancellation policies. With the exception of any signage required by law or permit/license rules or requirements, MUVE shall have no right to require you to (a) display  MUVE’s names, logos, or colors on your vehicle(s); or (b) wear a uniform or any other clothing displaying MUVE’s names, logos or colors. You acknowledge and agree that you have complete discretion to provide Services or otherwise engage in other business or employment activities.  

  1. h) Entire Agreement

NOT APPLICABLE TO QUEBEC CONSUMERS  

These Terms (as amended from time to time) constitute the entire agreement between you and us  regarding the Application and the Services. These Terms (and any amendments) replace and  supersede any previous or existing agreement, contract, understanding, or representation  regarding the Application or the Services. In these Terms, the words “including” and “include”  mean “including, but not limited to.  

  1. i) Language

You and us have agreed that these Terms and all related documents be drawn up in the English  language. Les parties aux présentes reconnaissent avoir convenu que la présente entente et les  documents connexes soient rédigés en langue anglaise.

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