This information applies to all users of Dryber’s products, services, apps, websites, features, or others including:
-Passengers: people that request or receive transportation service, including passengers who receive such transportation even if is requested other person.
Drivers: individuals that provide transportation through Dryber.
This information also include Dryber’s collections of personal data related to Dryber’s services. All those subject to the paragraphs are referred to as “passengers” in this information.
For passengers without an Dryber account: Passengers taking trips arranged by an owner of an Dryber account, the personal data of them is processed in accordance with our contract with the owner of the account. It include sharing passenger’s location data with the owner of the account.
Our data policy are subject to applicable laws in Florida.
B. Data controller and transfer
Dryber Inc. is the data controller for the personal data collected in connection with use of Dryber’s services We manage personal data inside and outside of the United States. The personal data of passengers outside the United States is transferred on the basis of mechanisms approved under applicable laws, such as the Standard Contractual Clauses.
III. Data collections and uses
A. The data we collect
Data provided by users to Dryber during account creation, use of our services and from third parties that use Dryber APIs.
1. Data provided by customers. This includes:
Customer profile: We collect data when customers create or update their Dryber accounts. This include their name, email, phone number, login name, password, address, profile picture, payment or banking information and related payment verification information, government identification documents, driver’s license numbers and images, birthdate, signature photo, vehicle and insurance information of drivers and we can use photos to verify their identities.
Background check and identity verification: We use background check and identity verification information for drivers including driver history, criminal record and right to work. This information is collected by an authorized vendor on Dryber’s behalf.
Demographic data: We may collect demographic data about customers, including through surveys.
Customer content: We collect the information customers submit when they contact Dryber customer support, provide ratings or compliments for drivers to deactivating drivers with low ratings or who otherwise violated such guideline. This may include feedback, photographs or other recordings from customers.
2. Data created during use of our services including:
Location data: We collect location data from a customer’s mobile device if enabled by the customer to do so. For drivers, Dryber collects this data when the Dryber app is running in the foreground (app open and on-screen) or background (app open but not on-screen) of their mobile device. For passengers Dryber collects this data when the Dryber app is running in the foreground. A customer who has not enabled location data collection will have to manually enter their address. In addition, the location data collected from a driver during a trip will be linked to the customer’s account, even if they have not enabled location data to be collected from their device, including for purposes of receipt generation, customer support, fraud detection, insurance, and litigation.
Transaction information: We collect transaction information related to the use of our services, including the type of services requested or provided, order details, date and time the service was provided, amount charged, distance traveled, and payment method. Additionally, if someone uses your promotion code, we may associate your name with that person.
Usage data: We collect data about how customers interact with our services. This includes data such as access dates and times, app features or pages viewed, app crashes and other system activity, type of browser, and third-party sites or services used before interacting with our services. In some cases, we collect this data through cookies, pixels, tags, and similar tracking technologies that create and maintain unique identifiers.
Device data: We may collect data about the devices used to access our services, including the hardware models, device IP address, operating systems and versions, software, preferred languages, unique device identifiers, advertising identifiers, serial numbers, device motion data, and mobile network data.
Communications data: We enable customers to communicate with each other and Dryber through Dryber’s mobile apps and websites. For example, we enable drivers and passengers to call, text, or send other files to each other (generally without disclosing their telephone numbers to each other). To provide this service, Dryber receives some data regarding the calls, texts, or other communications, including the date and time of the communications and the content of the communications. Dryber may also use this data for customer support services (including to resolve disputes between customers), for safety and security purposes, to improve our products and services, and for analytics.
3. Data from other sources. This includes:
Customers participating in our referral programs. For example, when a customer refers another person, we receive the referred person’s personal data from that customer.
Dryber account owners who request services for or on behalf of other customers, or who enable such customers to request or receive services through their accounts.
Customers or others providing information in connection with claims or disputes.
Dryber business partners through which customers create or access their Dryber account, such as payment providers, social media services, or apps or websites that use Dryber’s APIs or whose APIs Dryber uses.
Vendors who help us verify users’ identity, background information, and eligibility to work, for regulatory, safety, and security purposes.
Insurance, vehicle, or financial services providers for drivers and/or delivery partners.
Publicly available sources.
Marketing service providers.
Dryber may combine the data collected from these sources with other data in its possession.
B. How we use personal data
Dryber collects and uses data to enable reliable and convenient transportation and:
To enhance the safety and security of our users and services to prevent, detect, and combat fraud or unsafe activities
For customer support
For research and development
To enable communications between users
To send marketing and non-marketing communications to users
In connection with legal proceedings
Verify drivers’ partners’ identity, background history, and eligibility to work.
Process, or facilitate payments for our services.
Track and share the progress and performance of rides.
Enable features that allow users to share information with other people, such as when riders submit a compliment about a driver, refer a friend to Dryber, split fares, or share ETA and location with their contacts.
Enable features to personalize users’ Dryber accounts, such as creating bookmarks for favorite places, and to enable quick access to previous destinations.
Enable Accessibility features that make it easier for users with disabilities to use our services, such as those that enable deaf or hard-of-hearing drivers to alert their riders of their disabilities, allow only text messages from riders, and enable receipt of flashing trip request notifications instead of sound notifications on their mobile device.
Perform internal operations necessary to provide our services, including to troubleshoot software bugs and operational problems; to conduct data analysis, testing, and research; and to monitor and analyze usage and activity trends.
Direct questions to the appropriate customer support person
Investigate and address user concerns
Monitor and improve our customers support responses and processes
Deactivating customers who are identified as having engaged in fraud or activities that may otherwise harm Dryber, its useustomers, and others.
Using driver location information, and communications between passengers and drivers Dryber does not sell or share user personal data with third parties for their direct marketing, except with customers’ consent.
9. Automated decision-making
We use personal data to make automated decisions relating to use of our services.
Remembering user preferences and settings
Determining the popularity of content
Delivering and measuring the effectiveness of advertising campaigns
Analyzing site traffic and trends, and generally understanding the online behaviors and interests of people who interact with our services
Analyzing site traffic and trends, and generally understanding the online behaviors and interests of people who interact with our services
D. Data sharing and disclosure
Many Dryber’s services and products may require that we share data with other users or at a user’s request. We share data with our affiliates and business partners if needed because any claim, dispute or legal reasons. Dryber may share the data collected:
1. With other customers
Passengers’ first name, rating, and pickup and/or dropoff places with drivers.
Passengers’ first name with other passenger in a carpool trip. Passengers in carpool trips may also see the dropoff place of the other passenger.
For drivers, we may share data with the passenger including name and photo; vehicle make, model, color, license plate, and vehicle photo; location (before and during trip); average rating provided by passengers including compliments and other feedback submitted by past passengers; total number of trips; length of use of the Dryber app; contact information. We also provide passengers with receipts with information such as a breakdown of amounts charged, driver first name, photo, route map, and information required on invoices.
For Dryber’s referral program, we share personal data of referred passengers, such as trip count, with the passenger who referred them, to the extent relevant to determining the referral bonus.
2. If the passenger’s request
Dryber may share data with:
Dryber business partners.
3. With the general public
Any post from passengers submitted through any social network or public forums may be viewable by the public, including data in the questions or comments submitted by a passenger.
4. With the Dryber account owner
If a passenger requests Dryber service using an other passenger account, we may share the trip and real- time location information, with the account’s owner.
5. With Dryber affiliates
We share data with our affiliates to help us provide services or process data on our behalf.
6. With Dryber service providers or business partners
Dryber share data to service providers or business partners such as research firms, vendors, marketing partners, consultants and others including:
Background check and identity verification providers (drivers only)
Payment facilitators and processors
Cloud storage providers
Data analytics providers
Marketing platform providers, partners, and social media advertising services.
Insurance and financing partners
Research partners that in partnership with Dryber or on Dryber’s behalf performs surveys or research projects.
Vendors that assist Dryber to enhance the safety and security of its apps
Professional service providers such as consultants, accountants, lawyers, and other
Other party during negotiations of, any merger, sale of company assets, consolidation, restructuring, financing, or acquisition of all or a portion of our business by or into another company.
7. In the event of a dispute
Dryber may share passengers’ personal data if we believe it’s required by applicable law, governmental request including law enforcement, public health, other government officials or due to safety concerns to protect Dryber’s rights, safety, or property of others. If the passenger use another person’s credit card, Dryber can share passenger’s data with the credit card’s owner if it required by law.
8. With consent
Dryber may share a passenger’s information if we notify the passenger and the passenget consent to do it.
E. Data retention and deletion
As passengers maintains their Dryber account we retain passenger’s profile and information. Dryber may retain passenger’s information after receiving an account deletion request to comply with legal requirements.
Dryber also retains drivers background check and vehicle information as permitted by law while they keep open their account.
At any time passengers may request their account deletion, then Dryber deletes the information not required to retain. Dryber may retain information for purposes of safety and fraud prevention.
F. Grounds for processing
We only collect and use personal data where we have lawful grounds to do so. These include processing customer personal data to provide requested services and features, for purposes of Dryber’s legitimate interests or those of other parties, to fulfill our legal obligations, or based on consent.
We collect and use personal data only where we have one or more lawful grounds for doing so. Such grounds may vary depending on where our users are located, but generally include processing personal data:
a. To provide requested services and features
b. For purposes of the legitimate interests of Dryber or other parties. This includes using personal data to maintain and enhance our customer’s safety and security.
c. To fulfill Dryber’s legal obligations Dryber may also share data with law enforcement regarding criminal acts or threats to public safety, or requests by third parties pursuant to legal processes.
d. With consent
Dryber may collect and use personal data based on the user’s consent. A user who has provided consent to a collection or use of their personal data can revoke it at any time. However, the user will not be able to use any service or feature that requires collection or use of that personal data.
IV. Choice and transparency
Dryber enables users to access and control the data that Dryber collects, including through:
In-app ratings pages
Dryber also enables users to request access to or copies of their data, changes or updates to their accounts, deletion of their accounts, or that Dryber restrict its processing of user personal data.
A. Privacy settings
Settings menus in the Dryber app for riders give them the ability to set or update their location-sharing preferences and their preferences for receiving mobile notifications from Dryber. Information about these settings, how to set or change these settings, and the effect of turning off these settings is described below.
Dryber uses passenger’s device location services to make it easier to get a ride whenever they need one. Location data helps improve our services, including pickups, navigation, and customer support.
Passengers can enable or disallow such collections through the settings on their mobile device.
Notifications: account and trip updates
Dryber provides customers with trip status notifications and updates related to activity on their account.
B. Device permissions
Most mobile device platforms (iOS, Android, etc.) have defined certain types of device data that apps cannot access without the device owner’s permission, and these platforms have different methods for how that permission can be obtained. iOS devices notify users the first time the Dryber app requests permission to access certain types of data and gives users the option to grant or refuse permission. Android devices notify users of the permissions that the Dryber app seeks before their first use of the app, and use of the app constitutes a grant of such permission.
C. Ratings look-up
After each trip, drivers and passengers can rate each other. An average of those ratings is associated with a customer’s account and is displayed to other passengers for whom the drivers provide services.
This rating system make everyone responsible for their behavior and helps create a respectful, safe environment for drivers and passenger. Passengers and drivers can see their average rating.
D. Marketing opt-outs
Users may opt out of receiving emails and messages from Dryber following the unsubscribe instructions in those messages. We may still send customers who have opted out non-promotional communications, such as receipts or information about their account.
E. User data requests
Dryber provides customers ways get information and submit questions and comments about Dryber’s handling of their data.
Accessing data: Customers can ask for an explanation of the data we collect from them.
Receiving data: Customers can ask for a copy of data that Dryber collects from them.
Changing or updating data: Customers can edit the name, phone number, email address, payment method, and photo associated with their account.
Deleting data: Customers may request deletion of their account at any time.
Objections, restrictions, and complaints: Customers may request that we stop using all or some of their information, or that we limit our use of their information. Dryber may continue to process their information after such objection or request to the extent required or permitted by law.
In addition, depending on their location, customers may have the right to file a complaint relating to Dryber’s handling of their information with the govertment authorities that apply for that.
V. Updates to this document.
We may occasionally update this document. Use of our services after an update constitutes consent to the updated document to the extent permitted by law. If we make significant changes, we will notify customers in advance of the changes through the Dryber apps or through other means, such as email. We encourage users to periodically review this document for the latest information on our privacy practices.
1. Contractual Relationship
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. Dryber 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.
IMPORTANT: PLEASE REVIEW THE ARBITRATION AGREEMENT SET FORTH BELOW CAREFULLY, AS IT WILL REQUIRE YOU TO RESOLVE DISPUTES WITH DRYBER ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION. BY ENTERING THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THIS AGREEMENT AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.
Supplemental terms may apply to certain Services, such as policies for a particular event, program, activity or promotion, and such supplemental terms will be disclosed to you in separate region-specific disclosures on Dryber.com or in connection with the applicable Service(s). Supplemental terms are in addition to, and shall be deemed a part 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.
Dryber may amend the Terms from time to time. Amendments will be effective upon Dryber's posting of such updated Terms at this location or in the amended policies or supplemental terms on the applicable Service(s). Your continued access or use of the Services after such posting confirms your consent to be bound by the Terms, as amended. If Dryber changes these Terms after the date you first agreed to the Terms (or to any subsequent changes to these Terms), you may reject any such change by providing Dryber 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 Dryber (the name and current contact information for the registered agent in each state are available online here), or (b) by email from the email address 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 these Terms. By rejecting changes, you are agreeing that you will continue to be bound by the provisions of these Terms as of the date you first agreed to the Terms (or to any subsequent changes to these Terms).
Dryber’s collection and use of personal information in connection with the Services is described in Dryber's Privacy Statements.
2. Arbitration Agreement
By agreeing to the Terms, you agree that you are required to resolve any claim that you may have against Dryber on an individual basis in arbitration, as set forth in this Arbitration Agreement. This will preclude you from bringing any class, collective, or representative action against Dryber, and also preclude you from participating in or recovering relief under any current or future class, collective, consolidated, or representative action brought against Dryber by someone else.
Agreement to Binding Arbitration Between You and Dryber.
You and Dryber 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 or after the date you agreed to the Terms, will be settled by binding arbitration between you and Dryber, 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. Dryber 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 this 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 Dryber are each waiving the 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 Dryber 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 Dryber 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’s 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 ("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 Rules are found to not apply to any issue that arises under this Arbitration Agreement or the enforcement thereof, then that issue shall be resolved under the laws of the state of Florida.
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 be either (1) a retired judge or (2) 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 Dryber 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 documents you and Dryber 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.
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. Dryber will not seek, and hereby waives all rights Dryber may have under applicable law to recover attorneys' fees and expenses if Dryber prevails in arbitration.
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, Dryber 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)).
Notwithstanding the provisions in Section I above, regarding consent to be bound by amendments to these Terms, if Dryber 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 Dryber 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 Dryber (the name and current contact information for the registered agent in each state are available online here), or (b) by email from the email address 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 this Arbitration Agreement. By rejecting changes, you are agreeing that you will arbitrate any dispute between you and Dryber 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 arrange and schedule 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 Dryber or certain of Dryber's affiliates ("Third Party Providers"). In certain instances the Services may also include an option to receive transportation, logistics and/or delivery services for an upfront price, subject to acceptance by the respective Third Party Providers. Unless otherwise agreed by Dryber 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 DRYBER AS A PROVIDER OF TRANSPORTATION.
Subject to your compliance with these Terms, Dryber 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 Dryber and Dryber's licensors.
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 Dryber; (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 Page 13 of 17 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.
Provision of the Services.
You acknowledge that portions of the Services may be made available under Dryber's various options associated with transportation or logistics. You also acknowledge that the Services may be made available under such brands or request options by or in connection with: (i) certain of Dryber's subsidiaries and affiliates; or (ii) independent Third Party Providers, including Transportation Network Company drivers.
Third Party Services and Content.
The Services and all rights therein are and shall remain Dryber's property or the property of Dryber'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 Dryber's company names, logos, product and service names, trademarks or services marks or those of Dryber's licensors.
4. Access and Use of the Services
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 18 years of age, or the age of legal majority in your jurisdiction (if different than 18), to obtain an Account, unless a specific Service permits otherwise. Account registration requires you to submit to Dryber certain personal information, such as your name, address, mobile phone number and age, as well as at least one valid payment method supported by Dryber. 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 Dryber in writing, you may only possess one Account.
User Requirements and Conduct.
The Service is not available for use by persons under the age of 18. You may not authorize third parties to use your Account, and you may not allow persons under the age of 18 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 causenuisance, 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 Dryber 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 Dryber 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 Dryber at any time, either by texting the word "STOP" using the mobile device that is receiving the messages, or by contacting help.Dryber.com. If you do not choose to opt out, Dryber may contact you as outlined in its User Privacy Statement.
User Provided Content.
Dryber may, in Dryber's sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to Dryber 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 Dryber, you grant Dryber 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 Dryber'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 Dryber 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 Dryber'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 Dryber in its sole discretion, whether or not such material may be protected by law. Dryber may, but shall not be obligated to, review, monitor, or remove User Content, at Dryber'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. Dryber 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.
You understand that use of the Services may result in charges to you for the services or goods you receive ("Charges"). Dryber 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 Page 15 of 17 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 Dryber 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 Dryber may use a secondary payment method in your Account, if available. Charges paid by you are final and non- refundable, unless otherwise determined by Dryber.
As between you and Dryber, Dryber 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 Dryber's sole discretion. Further, you acknowledge and agree that Charges applicable in certain geographical areas may increase substantially during times of high demand. Dryber 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. Dryber 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. Dryber 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 Dryber 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. Dryber 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 Dryber or its affiliates, where Dryber is solely liable for any obligations to Third Party Providers. In such cases, you retain the right to request lower Charges from Dryber for services or goods received by you from a Third Party Provider at the time you receive such services or goods, and Dryber 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, Dryber does not designate any portion of your payment as a tip or gratuity to a Third Party Provider. Any representation by Dryber (on Dryber's website, in the Application, or in Dryber'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 Dryber 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.
Repair, Cleaning or Lost and Found Fees.
You 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 Dryber in Dryber's reasonable discretion, Dryber reserves the right to facilitate payment for the reasonable cost of such Repair or Cleaning using your payment method designated in your Account. Such Page 16 of 17 amounts, as well as those pertaining to lost and found goods, will be transferred by Dryber to a Third Party Provider, if applicable, and are non-refundable.
6. Disclaimers; Limitation of Liability; Indemnity.
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." DRYBER 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, DRYBER 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. DRYBER 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.
DRYBER 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 DRYBER, EVEN IF DRYBER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
DRYBER 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 DRYBER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. DRYBER SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND DRYBER'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 SCHEDULE TRANSPORTATION, GOODS, OR LOGISTICS SERVICES WITH THIRD PARTY PROVIDERS, BUT YOU AGREE THAT DRYBER 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, DRYBER’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. THIS PROVISION SHALL HAVE NO EFFECT ON DRYBER’S CHOICE OF LAW PROVISION SET FORTH BELOW.
You agree to indemnify and hold Dryber 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) Dryber'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 Florida, 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- Floridians These provisions, and except as otherwise provided in Section 2 of these Terms, are only intended to specify the use of Florida 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 Florida law to you if you do not otherwise reside in Florida. 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.
Claims of Copyright Infringement.
Claims of copyright infringement should be sent to Dryber's designated agent. Please visit Dryber's web page for the designated address and additional information.
Dryber 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 Dryber, with such notice deemed given when received by Dryber, at any time by first class mail or pre-paid post to our registered agent for service of process, c/o Dryber. The name and current contact information for the registered agent in each state are available online here.
You may not assign these Terms without Dryber's prior written approval. Dryber may assign these Terms without your consent to: (i) a subsidiary or affiliate; (ii) an acquirer of Dryber's equity, business or assets; or (iii) a successor by merger. Any purported assignment in violation of this section shall be void. No joint venture, partnership, employment, or agency relationship exists between you, Dryber or any Third Party Provider as a result of this Agreement or use of the Services. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. Dryber's failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Dryber in writing. This provision shall not affect the Severability and Survivability section of the Arbitration Agreement of these Terms.