BY USING RIDEBELAY’S SERVICES, THE PARTIES AGREE TO THE FOLLOWING TERMS AND CONDITIONS:
Our Terms of Service set forth an agreement between you and rideBelay. “You,” “your” and “Contractor” herein mean the Contractor who signed the rideBelay Account Services Application (“Application”) and agreed to this Agreement (as defined below). “We,” “our,” “us,” and “rideBelay” mean rideBelay and any of its successors, successors-in-interest, transferees, assignees, agents, designees or servicers. These Terms of Service, the Application and the Privacy Policy collectively create the terms and conditions (collectively, the “Agreement”) pursuant to which rideBelay provides its services, which include, without limitation, the rideBelay website, app and marketplace (collectively, the “Services”). Contractors who use the Services agree to be bound by the Agreement.
rideBelay may purchase portions of Contractors’ future incomes for a payment which is dispensed as tasks are completed subject to the conditions of the purchase set forth in the Agreement. rideBelay is accessible at www.ridebelay.com and as an application for mobile devices. Contractors who utilize the Services are responsible for complying with all applicable laws, rules, and regulations.
You consent to agreeing to these terms electronically, and to the storage of records related to these terms in electronic form by rideBelay.
You represent that: (1) you are at least 18 years of age; (2) have legal capacity to form a legally binding contract; and (3) are not a person barred from receiving Services under the laws of the United States or other applicable jurisdictions.Use of Services
You may access portions of rideBelay’s website and mobile application (rideBelay Stable) by creating an account. Account creation is required to register with and sign in to the Services to access their features. You are responsible for maintaining the confidentiality of your user name, password, and other information used to register and sign in to rideBelay’s Services, and are responsible for all activities that occur under this user name and password. Contractor agrees that all information provided to rideBelay will be at all times accurate, complete, and current.You may not use the Services on behalf of or for the benefit of any third party. RIDEBELAY MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND AS TO THE ACCURACY OR COMPLETENESS OF ANY INFORMATION CONTAINED IN ITS WEBSITES AND/OR APPLICATIONS AND SHALL HAVE NO LIABILITY FOR ANY DIRECT, INDIRECT OR CONSEQUENTIAL DAMAGES AND/OR INJURIES OF ANY KIND ARISING FROM SUCH CONTENT OR INFORMATION. CONTRACTOR FURTHER ACKNOWLEDGES AND AGREES THAT RIDEBELAY SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY OR CONSEQUENTIALLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH USE OF OR RELIANCE ON ANY SUCH GOODS OR SERVICES AVAILABLE ON OR THROUGH ANY SUCH WEBSITES AND/OR APPLICATIONS.
rideBelay reserves the right at any time to modify or discontinue, temporarily or permanently, rideBelay’s Services, or any part thereof with or without notice. Contractor agrees that we shall not be liable to Contractor or to any third party for any modification, suspension or discontinuance of rideBelay’s Services or any part thereof. rideBelay also reserves the right to modify the Agreement at any time. Contractor is responsible to regularly check online for any modifications to the Agreement.
rideBelay’s goal is to provide rideshare Contractors income security while maintaining the flexibility of gig work. Accordingly, any and all rideshare or delivery service agreements entered into with a rideshare or delivery service company are directly between Contractor and the relevant rideshare or delivery service company.Truthfulness of Account Creation
You represent and warrant to us that all information provided in connection with your account and the Agreement is true and accurate at all times and you have not provided any false, misleading or deceptive statements or omissions of fact.
Services Access/Description of Services
To use the Services, Contractors must create an account by providing complete and accurate information and documentation, including (but not limited to) Contractor’s name, Contractor’s driver’s license and other identifying information, bank account information, background check information or willingness to comply with such a check, and a valid email address and password (collectively, a “User Account”).
When Contractors set up a User Account, they agree to allow rideBelay to conduct a background check, which may include a criminal background check that is consistent with the Fair Credit Reporting Act and other applicable laws that may apply. rideBelay reserves the right to decline, restrict or otherwise take action against Contractor and Contractor’s User Account based on any information included in any such background or credit check, including for any breach of this Agreement and/or rideBelay’s Services. rideBelay may terminate or restrict Contractor’s User Account for any or no reason at any time provided that it will honor the terms of its current income stabilization commitment pursuant to the Application (subject to there being no breach of the terms of the Agreement applicable to you).Contractor will specify a desired driving schedule and conditions within the parameters set by rideBelay. rideBelay will forecast the expected value of this schedule and pay Contractor 96% of the expected value divided evenly across each day of the driving commitment. When Contractor revenues fall short of the forecast, rideBelay deposits the difference into Contractor’s bank account. When Contractor revenues exceed the forecast, rideBelay takes the difference from Contractor’s bank account. When Contractor revenues are equal to the forecast, no financial action is required from rideBelay for the given period. At the conclusion of each driving commitment performed, rideBelay pays Contractor all earnings exceeding 4% of rideBelay’s forecast for the earnings period in question. If Contractor performs over 90% of time on Contractor’s driving commitments for at least 21 days in a 28 day period, or 56 days in a 84 day period, Contractor will receive a bonus of 0.8% of Contractor’s total forecasted income across those driving commitments. Contractor will be able to see their progress toward this bonus represented in the app, and will be paid this bonus at the end of the last driving commitment that satisfies the conditions listed above.Driving Commitment SchedulerideBelay driving commitments range in duration between three and twenty-eight days. The driving commitment duration will be chosen by Contractor. At the end of the driving commitment period, an identical driving commitment of the same duration will be auto-renewed by default. Contractor may change the terms for future driving commitments in advance or choose to opt out of auto-renewal at any time. Opting out of auto-renewal does not excuse Contractor’s responsibilities for driving commitments already in progress.Debits and CreditsYou authorize us to electronically initiate debit and credit entries to your bank account; or, if you link a debit card to your rideBelay account, you authorize us to charge your debit card, for all payments you authorize in connection with use of the Services. You agree to maintain a balance that is sufficient to fund all payments that you initiate. Our failure to debit your bank account or charge your debit card for amounts due within a set amount of time does not constitute a waiver of our right to charge your account or card account for such funds. We will initiate debits to your bank account as permitted by applicable laws and NACHA rules. Failed or rejected debits may be reinitiated at any time up to 150 days after the first debit. Our authorization to initiate debit and credit entries to your bank account and charge your debit card will remain in full force and effect until you revoke your authorization. If you wish to revoke your authorization, you may do so by contacting hello@ridebelay.com at least three business days before the day an applicable transaction is scheduled and stop using the Services. Please note that your revocation of authorization when transactions are pending could result in delays to your receipt of funds and additional charges owed by you to rideBelay. rideBelay is not responsible for any third-party fees or costs that you may incur based on the timing of authorization revocation.If we are unable to access funds from your bank account to complete a payment that you authorized rideBelay to take, you may be prevented from using the Services until you repay any outstanding amount.Your Responsibility for Bank FeesYou acknowledge and agree that you, and not rideBelay, shall be responsible for any fees charged by your bank associated with overdrafts or insufficient fund events that occur when rideBelay debits your Bank Account for any outstanding amounts due. This means that you, and not rideBelay, are responsible for any overdraft fees, over-the-limit fees, or insufficient fund charges (including finance charges, late fees, or similar charges), or any other third-party fees that result from your failure to maintain a balance or available credit in your bank account that is sufficient to fund all payments you authorize, including any outstanding amounts due to rideBelay that you have authorized.Your bank, and not rideBelay, controls the sequence in which it processes credits and debits (additions and subtractions) to your bank account. Thus, when rideBelay seeks to debit your bank account for the authorized amounts owed to rideBelay, the manner in which your bank processes credits and debits associated with various transactions may result in overdrafts and/or generate insufficient funds fees or other bank fees even where you believe that you have sufficient funds in your bank account. You, and not rideBelay, are responsible for reviewing the terms of your bank account to understand your Bank’s overdraft policy and the manner in which your bank posts debits and credits.SMS MessagingBy providing rideBelay with a telephone number for a cellular phone or other wireless device, you agree to receive autodialed and pre-recorded, non-marketing, service-related text messages from or on behalf of rideBelay. You further consent to receiving autodialed and pre-recorded text messages from or on behalf of rideBelay for marketing or promotional purposes. You understand that consent to marketing-related messages is not a condition of using the Services. To stop receiving marketing-related messages, you may reply STOP to any marketing-related text message you receive from rideBelay. After you text “STOP” to us, we will send you a text to confirm that you have been unsubscribed. After this, you will no longer receive marketing-related text messages from us. You certify, warrant and represent that the telephone number you have provided to us is your personal contact number and that you are permitted to receive text messages at the telephone number you have provided to us. Carriers are not liable for delayed or undelivered messages. You agree to promptly alert us whenever you stop using a telephone number. You may text “STOP” to opt out at any time.Standard message and data rates may apply to all SMS messages (including text messages). for any messages sent to you from us and to us from you. We will message you as needed. We may modify or terminate our SMS messaging services from time to time, for any reason, and without notice, i, without liability to you.Liability DisclaimerrideBelay is not liable for any personal injury or damage to life, person, or property incurred while or as a consequence of your completing a driving commitment to rideBelay.Contractor’s Responsibilities
In connection with using and accessing the Services, Contractor agrees:
•To download and register an account on the rideBelay app;
To grant rideBelay access to the rideshare/delivery service apps (Uber, Lyft, Grubhub, DoorDash, etc.) through in-app authentication and Bank Accounts through Plaid/Stripe;
To fulfill your obligations in the Application, including but not limited to:
Number of rides, and;
Miles driven;
To maintain timely communication with rideBelay regarding any emergencies or technical issues.
In connection with using and accessing the Services, Contractor agrees that Contractor will not:
Assign or transfer Contractor’s User Account or any interest therein to any other entity or person;
Take any action to circumvent the rideBelay Services;
Distribute spam or other unsolicited marketing communications to users of rideBelay or anyone else using the technology or Services of rideBelay
Infringe any intellectual property rights including trademark, copyright, patent, and publicity and moral belonging to or licensed by rideBelay. This includes reproducing, copying, reverse engineering or otherwise preparing derivative works from content belonging to, or licensed by rideBelay. rideBelay’s Responsibilities
To reward Contractor with excess of a given driving commitment’s forecasted earnings at the end of the driving commitment period in accordance with the Application provided no Contractor breaches or other termination events have occurred;
To terminate bank connection for payments/withdrawals within 30 days of driving commitment termination or conclusion other than to the extent Contractor has breached the Agreement.
Rights You Grant to UsBy submitting information, data, passwords, user names, PINs, other log-in information, materials and other content to us, you are licensing that content to us solely for the purpose of providing such Services. rideBelay may use and store the content for the purpose of providing the Services to you. By submitting this content to rideBelay, you represent that you are entitled to submit it to rideBelay for use for this purpose, without any obligation by us to pay any fees or other limitations other than as required by applicable law.By using the Services and providing profile information to us, you authorize us to obtain, directly or indirectly through our third-party service providers, information about you and your bank account from the financial institution holding your bank account and other third-party websites and databases that may be necessary to provide the Services. You agree that our third-party service providers and the operators and owners of the third-party websites will be entitled to rely on the foregoing authorization granted by you. YOU ACKNOWLEDGE AND AGREE THAT WHEN RIDEBELAY IS ACCESSING AND RETRIEVING ACCOUNT INFORMATION FROM THIRD PARTY SITES, RIDEBELAY IS ACTING AS YOUR AGENT, AND NOT AS THE AGENT OF OR ON BEHALF OF ANOTHER THIRD PARTY. Contingency Events and Termination
rideBelay may permanently or temporarily terminate or suspend Contractor’s access to rideBelay’s Services without notice and without liability for any or no reason, including if, in rideBelay’s sole determination, Contractor violates any provision of the Agreement or another termination event in the Agreement has occurred. Upon termination of Contractor’s access to or ability to use rideBelay’s Services, including but not limited to suspension of Contractor’s User Account, Contractor’s right to use or access any Service and/or any content will immediately cease. All provisions of this Agreement that, by their nature, should survive termination, shall survive termination, including, but not limited to, ownership provisions, warranty disclaimers, and limitations of liability. Termination of Contractor’s access to and use of rideBelay’s Services shall not relieve Contractor of any obligations arising or accruing prior to such termination or limit any liability of Contractor. Contractor may terminate Contractor’s User Account by emailing hello@ridebelay.com.Termination initiated or caused by Contractor prior to completion of the current driving commitment in the Application or any other Contractor breach of the Agreement requires Contractor to pay rideBelay a fee of 4% of our forecasted value of the complete current driving commitment in the Application. Termination initiated by rideBelay for non-contingency/penalty reasons will result in a refund of all earnings held by rideBelay without a 4% cut of excess.Upon the occurrence of any of the following events, rideBelay has the right to restructure, modify, or terminate the driving commitment, with or without Contractor’s consent:
Failure to meet contractual obligation in the Application (including your current driving commitment)
Contractor’s uses rideshare/delivery service app in a way that substantially limits ability to obtain standard (Uber X or Lyft Economy) rides
Examples at our sole discretion include, e.g., choosing non-Uber X ride settings such as “Green” in order to simulate availability to the exclusion of Uber X
Setting filters and preferences in order to limit availability while simulating full availability
3. Belay’s inability to transact with Contractor bank
4. Scamming
If any aspect of the driving commitment is fraudulent (driving under a false name, providing rideBelay otherwise false information, etc.)Intellectual Property
The name rideBelay and rideBelay’s marks, logos, designs, and phrasing used in connection with rideBelay’s Services are trademarks, service marks, or trade dress of rideBelay in the United States may not be used without the prior and express written permission of rideBelay.
By submitting to us any comment or testimonial, Contractor grant to us and rideBelay’s designees, successors, assigns and licensees the irrevocable, royalty-free right to publish, disseminate, and use Contractor’s name and likeness, as well as Contractor’s comment or testimonial, without further notice or consideration, in perpetuity, throughout the world, in all media and media now known or hereafter invented.Electronic Delivery
We may decide to deliver any documents or notices related to this Agreement by electronic means. You agree to receive such documents or notices by electronic delivery and to participate through an on-line or electronic system established and maintained by us or a third party designated by us.
Consent to Credit and Income Verification; Credit Reporting
You authorize us to obtain your credit report, verify the information that you provide to us, and gather additional information that may help us assess and understand your performance under this Agreement. You understand that we may verify your information and obtain additional information using a number of sources, including but not limited to consumer reporting agencies, other third party databases, past and present employers, public sources, and personal references provided by you. If you ask, you will be informed whether or not we obtained a credit report and, if so, the name and address of the consumer reporting agency that furnished the report. You also understand and agree that we may obtain a credit report and gather additional information, including from the sources described above, in connection with the review or collection of your Agreement. You consent to our sharing of your information with our affiliates and financing parties, which we will do using reasonable data security procedures.
You authorize us to report information about this Agreement to credit bureaus. Although this Agreement is not “a loan or other debt or credit instrument,” we may inform credit bureaus about your positive payment behavior when you make payments as agreed. However, this also means that late payments, missed payments or other defaults under this Agreement may be reflected in your credit report.Governing Law
Any past, present, or future claim, dispute, or controversy involving you (or persons claiming through or connected with you), on the one hand, and us on the other hand, relating to or arising out of this Agreement, regardless of whether they arise from contract; tort (intentional or otherwise); consumer protection laws; a constitution, statute, common law, or principles of equity; or otherwise will be governed by the laws of the State of California without regard to its conflict or choice of laws provisions.
Force Majeure
Any delay in or failure by rideBelay in performance of this Agreement or any related matters, shall be excused if and to the extent such delay or failure is caused by occurrences beyond the control of rideBelay or its agents including, but not limited to, decrees or restraints of Government, acts of God, strikes, work stoppage or other labor disturbances, war or sabotage.
Entire Agreement
This Agreement sets forth the entire agreement and understanding of the parties relating to the subject matter herein and supersedes all prior or contemporaneous discussions, understandings and agreements, whether oral or written, between you and us relating to the subject matter hereof.
Successors and Assigns
Except as otherwise provided in this Agreement, this Agreement, and the rights and obligations of the parties hereunder, will be binding upon and inure to the benefit of their respective successors, assigns, heirs, executors, administrators and legal representatives. We may sell, assign or otherwise transfer any of our rights, economic benefits or obligations under this Agreement. You may not assign, whether voluntarily or by operation of law, any of your rights, economic benefits or obligations under this Agreement, except with our prior written consent.
Execution; Electronic Transactions
This Agreement may be executed electronically or manually. Execution may be completed in counterparts (including both counterparts that are executed on paper and counterparts that are electronic records and executed electronically), which together constitute a single agreement. Any copy of this Agreement (including a copy printed from an image of this Agreement that has been stored electronically) shall have the same legal effect as an original.
No Legal, Tax, or Financial Advice; Alerts
THE SERVICE IS NOT INTENDED TO PROVIDE LEGAL, TAX, OR FINANCIAL ADVICE. RIDEBELAY IS NOT A FINANCIAL PLANNER, BROKER, OR TAX ADVISOR. To the extent you use a Service for banking or other financial services, the Service is intended only to assist you in your financial organization and decision-making and is broad in scope. Before making any final decisions or implementing any financial strategy, you should consider obtaining additional information and advice from your accountant or other financial advisers who are fully aware of your individual circumstances. Please note that we are not a financial adviser, and our services are not intended to provide financial advice. Your financial situation is unique. We are not responsible for ensuring your bank account has sufficient funds for your needs, purposes, or transactions. We do not make any representations, warranties, or guaranties of any kind that the Services are appropriate for you. Before using the Services, you should consider obtaining additional information and advice from a financial adviser.
You understand and agree that any alerts provided to you through the Services may be delayed or prevented by a variety of factors. rideBelay makes commercially reasonable efforts to provide alerts in a timely manner with accurate information, but we cannot guarantee the delivery, timeliness, or accuracy of the content of any alert. rideBelay will not be liable for any delays, failure to deliver, or misdirected delivery of any alert; for any errors in the content of an alert; or for any actions taken or not taken by you or any third party in reliance on an alert.
Notice and Cure
Prior to initiating an arbitration regarding a Claim (as defined in the Arbitration Agreement below), the party asserting the Claim (the "Complaining Party") shall give the other party (the "Defending Party") written notice of the Claim (a "Claim Notice") and a reasonable opportunity, not less than 30 days, to resolve the Claim. If we are the Complaining Party, we will send the Claim Notice to you at your email or physical address appearing in our records. Any Claim Notice must explain the nature of the Claim and the relief that is demanded. The Complaining Party must reasonably cooperate in providing any information about the Claim that the Defending Party reasonably requests.
Arbitration Agreement
Except as expressly provided below, Contractor and rideBelay agree that any past, present or future claim, dispute or controversy, regardless of the legal theory on which it is based, arising out of, relating to or in connection with this Agreement, or that arises from or is related to any relationship resulting from this Agreement (a “Claim”), shall be submitted to and resolved on an individual basis by binding arbitration before the American Arbitration Association (the “AAA”) under its Consumer Arbitration Rules (the “AAA Rules”), in effect at the time the arbitration is brought. If a Claim is arbitrated, it will be resolved by a neutral third-party arbitrator, and not by a judge or a jury, and Contractor and rideBelay knowingly and voluntarily waive the right to a jury trial on such Claim. “Claim” has the broadest possible meaning, and includes initial claims, counterclaims, cross- claims and third-party claims. It includes disputes based upon contract, tort, consumer rights, fraud and other intentional torts, constitution, statute, regulation, ordinance, common law and equity (including any claim for injunctive or declaratory relief). For purposes of this arbitration agreement, the term “rideBelay” includes (a) rideBelay Securities (b) any successor, assignee, transferee, agent, designee or servicer of rideBelay Securities; (c) any affiliates, subsidiary, and/or parent of the persons and entities referenced in (a) or (b); (d) the officers, directors, employees, stockholders, members, affiliates, subsidiaries, and parents of all of the foregoing in (a) through (c); and (e) any party named as a co-defendant with rideBelay in a Claim asserted by the Contractor, such as servicers and debt collectors.
The arbitrator's award will be final and binding. Any court with jurisdiction may enter judgment upon the arbitrator's award.
This arbitration agreement shall survive the termination of this Agreement, your fulfillment or default of your obligations under this Agreement and/or your or our bankruptcy or insolvency (to the extent permitted by applicable law). CLASS ACTION WAIVER: CONTRACTOR WILL NOT HAVE THE RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER REPRESENTATIVE ACTION IN COURT OR IN ARBITRATION, EITHER AS A CLASS REPRESENTATIVE OR CLASS MEMBER. Further the arbitrator may not join or consolidate Claims with claims of any other persons. The arbitrator shall have no authority to conduct any class or other representative proceeding, and shall award declaratory or injunctive relief only in favor of the party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.
Miscellaneous
If any portion of these Terms of Service is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, these Terms of Service as a whole will not be deemed unlawful, void or unenforceable, but only that portion of these Terms of Service that is unlawful, void or unenforceable will be stricken from these Terms of Service.
You agree that if rideBelay does not exercise or enforce any legal right or remedy which is contained in these Terms of Service (or which we have the benefit of under any applicable law), this will not be taken to be a formal waiver of our rights and that those rights or remedies will still be available to rideBelay.
All of your covenants, agreements, representations and warranties made in these Terms of Service will survive your acceptance of these Terms of Service and the termination of these Terms of Service.Use of Services. You may access portions of rideBelay’s website and mobile application (rideBelay Stable) by creating an account. Account creation is required to register with and sign in to the Services to access their features. You are responsible for maintaining the confidentiality of your user name, password, and other information used to register and sign in to rideBelay’s Services, and are responsible for all activities that occur under this user name and password. Contractor agrees that all information provided to rideBelay will be at all times accurate, complete, and current.You may not use the Services on behalf of or for the benefit of any third party.
RIDEBELAY MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND AS TO THE ACCURACY OR COMPLETENESS OF ANY INFORMATION CONTAINED IN ITS WEBSITES AND/OR APPLICATIONS AND SHALL HAVE NO LIABILITY FOR ANY DIRECT, INDIRECT OR CONSEQUENTIAL DAMAGES AND/OR INJURIES OF ANY KIND ARISING FROM SUCH CONTENT OR INFORMATION. CONTRACTOR FURTHER ACKNOWLEDGES AND AGREES THAT RIDEBELAY SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY OR CONSEQUENTIALLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH USE OF OR RELIANCE ON ANY SUCH GOODS OR SERVICES AVAILABLE ON OR THROUGH ANY SUCH WEBSITES AND/OR APPLICATIONS. rideBelay reserves the right at any time to modify or discontinue, temporarily or permanently, rideBelay’s Services, or any part thereof with or without notice. Contractor agrees that we shall not be liable to Contractor or to any third party for any modification, suspension or discontinuance of rideBelay’s Services or any part thereof. rideBelay also reserves the right to modify the Agreement at any time. Contractor is responsible to regularly check online for any modifications to the Agreement. rideBelay’s goal is to provide rideshare Contractors income security while maintaining the flexibility of gig work. Accordingly, any and all rideshare or delivery service agreements entered into with a rideshare or delivery service company are directly between Contractor and the relevant rideshare or delivery service company.
Truthfulness of Account Creation. You represent and warrant to us that all information provided in connection with your account and the Agreement is true and accurate at all times and you have not provided any false, misleading or deceptive statements or omissions of fact.
Services Access/Description of Services. To use the Services, Contractors must create an account by providing complete and accurate information and documentation, including (but not limited to) Contractor’s name, Contractor’s driver’s license and other identifying information, bank account information, background check information or willingness to comply with such a check, and a valid email address and password (collectively, a “User Account”). When Contractors set up a User Account, they agree to allow rideBelay to conduct a background check, which may include a criminal background check that is consistent with the Fair Credit Reporting Act and other applicable laws that may apply. rideBelay reserves the right to decline, restrict or otherwise take action against Contractor and Contractor’s User Account based on any information included in any such background or credit check, including for any breach of this Agreement and/or rideBelay’s Services. rideBelay may terminate or restrict Contractor’s User Account for any or no reason at any time provided that it will honor the terms of its current income stabilization commitment pursuant to the Application (subject to there being no breach of the terms of the Agreement applicable to you).
Contractor will specify a desired driving schedule and conditions within the parameters set by rideBelay. rideBelay will forecast the expected value of this schedule and pay Contractor 96% of the expected value divided evenly across each day of the driving commitment. When Contractor revenues fall short of the forecast, rideBelay deposits the difference into Contractor’s bank account. When Contractor revenues exceed the forecast, rideBelay takes the difference from Contractor’s bank account. When Contractor revenues are equal to the forecast, no financial action is required from rideBelay for the given period. At the conclusion of each driving commitment performed, rideBelay pays Contractor all earnings exceeding 4% of rideBelay’s forecast for the earnings period in question.
If Contractor performs over 90% of time on Contractor’s driving commitments for at least 21 days in a 28 day period, or 56 days in a 84 day period, Contractor will receive a bonus of 0.8% of Contractor’s total forecasted income across those driving commitments. Contractor will be able to see their progress toward this bonus represented in the app, and will be paid this bonus at the end of the last driving commitment that satisfies the conditions listed above.
Driving Commitment Schedule. rideBelay driving commitments range in duration between three and twenty-eight days. The driving commitment duration will be chosen by Contractor. At the end of the driving commitment period, an identical driving commitment of the same duration will be auto-renewed by default. Contractor may change the terms for future driving commitments in advance or choose to opt out of auto-renewal at any time. Opting out of auto-renewal does not excuse Contractor’s responsibilities for driving commitments already in progress.
Debits and Credits. You authorize us to electronically initiate debit and credit entries to your bank account; or, if you link a debit card to your rideBelay account, you authorize us to charge your debit card, for all payments you authorize in connection with use of the Services. You agree to maintain a balance that is sufficient to fund all payments that you initiate. Our failure to debit your bank account or charge your debit card for amounts due within a set amount of time does not constitute a waiver of our right to charge your account or card account for such funds. We will initiate debits to your bank account as permitted by applicable laws and NACHA rules. Failed or rejected debits may be reinitiated at any time up to 150 days after the first debit.
Our authorization to initiate debit and credit entries to your bank account and charge your debit card will remain in full force and effect until you revoke your authorization. If you wish to revoke your authorization, you may do so by contacting hello@ridebelay.com at least three business days before the day an applicable transaction is scheduled and stop using the Services. Please note that your revocation of authorization when transactions are pending could result in delays to your receipt of funds and additional charges owed by you to rideBelay. rideBelay is not responsible for any third-party fees or costs that you may incur based on the timing of authorization revocation.
If we are unable to access funds from your bank account to complete a payment that you authorized rideBelay to take, you may be prevented from using the Services until you repay any outstanding amount.
Your Responsibility for Bank Fees. You acknowledge and agree that you, and not rideBelay, shall be responsible for any fees charged by your bank associated with overdrafts or insufficient fund events that occur when rideBelay debits your Bank Account for any outstanding amounts due. This means that you, and not rideBelay, are responsible for any overdraft fees, over-the-limit fees, or insufficient fund charges (including finance charges, late fees, or similar charges), or any other third-party fees that result from your failure to maintain a balance or available credit in your bank account that is sufficient to fund all payments you authorize, including any outstanding amounts due to rideBelay that you have authorized.
Your bank, and not rideBelay, controls the sequence in which it processes credits and debits (additions and subtractions) to your bank account. Thus, when rideBelay seeks to debit your bank account for the authorized amounts owed to rideBelay, the manner in which your bank processes credits and debits associated with various transactions may result in overdrafts and/or generate insufficient funds fees or other bank fees even where you believe that you have sufficient funds in your bank account. You, and not rideBelay, are responsible for reviewing the terms of your bank account to understand your Bank’s overdraft policy and the manner in which your bank posts debits and credits.
SMS Messaging. By providing rideBelay with a telephone number for a cellular phone or other wireless device, you agree to receive autodialed and pre-recorded, non-marketing, service-related text messages from or on behalf of rideBelay. You further consent to receiving autodialed and pre-recorded text messages from or on behalf of rideBelay for marketing or promotional purposes. You understand that consent to marketing-related messages is not a condition of using the Services. To stop receiving marketing-related messages, you may reply STOP to any marketing-related text message you receive from rideBelay. After you text “STOP” to us, we will send you a text to confirm that you have been unsubscribed. After this, you will no longer receive marketing-related text messages from us. You certify, warrant and represent that the telephone number you have provided to us is your personal contact number and that you are permitted to receive text messages at the telephone number you have provided to us. Carriers are not liable for delayed or undelivered messages. You agree to promptly alert us whenever you stop using a telephone number. You may text “STOP” to opt out at any time.
Standard message and data rates may apply to all SMS messages (including text messages). for any messages sent to you from us and to us from you. We will message you as needed. We may modify or terminate our SMS messaging services from time to time, for any reason, and without notice, i, without liability to you.
Liability Disclaimer. rideBelay is not liable for any personal injury or damage to life, person, or property incurred while or as a consequence of your completing a driving commitment to rideBelay.
Contractor’s Responsibilities. In connection with using and accessing the Services, Contractor agrees:
To download and register an account on the rideBelay app;To grant rideBelay access to the rideshare/delivery service apps (Uber, Lyft, Grubhub, DoorDash, etc.) through in-app authentication and Bank Accounts through Plaid/Stripe;To fulfill your obligations in the Application, including but not limited to:Number of rides, and; Miles driven;To maintain timely communication with rideBelay regarding any emergencies or technical issues. In connection with using and accessing the Services, Contractor agrees that Contractor will not:Assign or transfer Contractor’s User Account or any interest therein to any other entity or person;Take any action to circumvent the rideBelay Services;Distribute spam or other unsolicited marketing communications to users of rideBelay or anyone else using the technology or Services of rideBelayInfringe any intellectual property rights including trademark, copyright, patent, and publicity and moral belonging to or licensed by rideBelay. This includes reproducing, copying, reverse engineering or otherwise preparing derivative works from content belonging to, or licensed by rideBelay.
rideBelay’s Responsibilities. To reward Contractor with excess of a given driving commitment’s forecasted earnings at the end of the driving commitment period in accordance with the Application provided no Contractor breaches or other termination events have occurred
To terminate bank connection for payments/withdrawals within 30 days of driving commitment termination or conclusion other than to the extent Contractor has breached the Agreement.
Rights You Grant to Us. By submitting information, data, passwords, user names, PINs, other log-in information, materials and other content to us, you are licensing that content to us solely for the purpose of providing such Services. rideBelay may use and store the content for the purpose of providing the Services to you. By submitting this content to rideBelay, you represent that you are entitled to submit it to rideBelay for use for this purpose, without any obligation by us to pay any fees or other limitations other than as required by applicable law.
By using the Services and providing profile information to us, you authorize us to obtain, directly or indirectly through our third-party service providers, information about you and your bank account from the financial institution holding your bank account and other third-party websites and databases that may be necessary to provide the Services. You agree that our third-party service providers and the operators and owners of the third-party websites will be entitled to rely on the foregoing authorization granted by you. YOU ACKNOWLEDGE AND AGREE THAT WHEN RIDEBELAY IS ACCESSING AND RETRIEVING ACCOUNT INFORMATION FROM THIRD PARTY SITES, RIDEBELAY IS ACTING AS YOUR AGENT, AND NOT AS THE AGENT OF OR ON BEHALF OF ANOTHER THIRD PARTY.
Contingency Events and Termination. rideBelay may permanently or temporarily terminate or suspend Contractor’s access to rideBelay’s Services without notice and without liability for any or no reason, including if, in rideBelay’s sole determination, Contractor violates any provision of the Agreement or another termination event in the Agreement has occurred.
Upon termination of Contractor’s access to or ability to use rideBelay’s Services, including but not limited to suspension of Contractor’s User Account, Contractor’s right to use or access any Service and/or any content will immediately cease. All provisions of this Agreement that, by their nature, should survive termination, shall survive termination, including, but not limited to, ownership provisions, warranty disclaimers, and limitations of liability. Termination of Contractor’s access to and use of rideBelay’s Services shall not relieve Contractor of any obligations arising or accruing prior to such termination or limit any liability of Contractor. Contractor may terminate Contractor’s User Account by emailing hello@ridebelay.com.
Termination initiated or caused by Contractor prior to completion of the current driving commitment in the Application or any other Contractor breach of the Agreement requires Contractor to pay rideBelay a fee of 4% of our forecasted value of the complete current driving commitment in the Application. Termination initiated by rideBelay for non-contingency/penalty reasons will result in a refund of all earnings held by rideBelay without a 4% cut of earnings exceeding forecast and a payment of 20% of prior forecasted value of the remainder of any unfulfilled driving commitment up to 3 days into the future.
Upon the occurrence of any of the following events, rideBelay has the right to restructure, modify, or terminate the driving commitment, with or without Contractor’s consent:
1. Failure to meet contractual obligation in the Application (including your current driving commitment)
2. Contractor uses rideshare/delivery service app in a way that substantially limits ability to obtain standard (Uber X or Lyft Economy) rides
Examples at our sole discretion include, e.g., choosing non-Uber X ride settings such as “Green” in order to simulate availability to the exclusion of Uber X
3. Setting filters and preferences in order to limit availability while simulating full availability
Belay’s inability to transact with Contractor bank
4. Scamming
If any aspect of the driving commitment is fraudulent (driving under a false name, providing rideBelay otherwise false information, etc.)
Intellectual Property. The name rideBelay and rideBelay’s marks, logos, designs, and phrasing used in connection with rideBelay’s Services are trademarks, service marks, or trade dress of rideBelay in the United States may not be used without the prior and express written permission of rideBelay. By submitting to us any comment or testimonial, Contractor grant to us and rideBelay’s designees, successors, assigns and licensees the irrevocable, royalty-free right to publish, disseminate, and use Contractor’s name and likeness, as well as Contractor’s comment or testimonial, without further notice or consideration, in perpetuity, throughout the world, in all media and media now known or hereafter invented.
Electronic Delivery. We may decide to deliver any documents or notices related to this Agreement by electronic means. You agree to receive such documents or notices by electronic delivery and to participate through an on-line or electronic system established and maintained by us or a third party designated by us.
Consent to Credit and Income Verification; Credit Reporting. You authorize us to obtain your credit report, verify the information that you provide to us, and gather additional information that may help us assess and understand your performance under this Agreement. You understand that we may verify your information and obtain additional information using a number of sources, including but not limited to consumer reporting agencies, other third party databases, past and present employers, public sources, and personal references provided by you. If you ask, you will be informed whether or not we obtained a credit report and, if so, the name and address of the consumer reporting agency that furnished the report. You also understand and agree that we may obtain a credit report and gather additional information, including from the sources described above, in connection with the review or collection of your Agreement. You consent to our sharing of your information with our affiliates and financing parties, which we will do using reasonable data security procedures.You authorize us to report information about this Agreement to credit bureaus. Although this Agreement is not “a loan or other debt or credit instrument,” we may inform credit bureaus about your positive payment behavior when you make payments as agreed. However, this also means that late payments, missed payments or other defaults under this Agreement may be reflected in your credit report.
Governing Law. Any past, present, or future claim, dispute, or controversy involving you (or persons claiming through or connected with you), on the one hand, and us on the other hand, relating to or arising out of this Agreement, regardless of whether they arise from contract; tort (intentional or otherwise); consumer protection laws; a constitution, statute, common law, or principles of equity; or otherwise will be governed by the laws of the State of California without regard to its conflict or choice of laws provisions.
Entire Agreement. This Agreement sets forth the entire agreement and understanding of the parties relating to the subject matter herein and supersedes all prior or contemporaneous discussions, understandings and agreements, whether oral or written, between you and us relating to the subject matter hereof.
Successors and Assigns. Except as otherwise provided in this Agreement, this Agreement, and the rights and obligations of the parties hereunder, will be binding upon and inure to the benefit of their respective successors, assigns, heirs, executors, administrators and legal representatives. We may sell, assign or otherwise transfer any of our rights, economic benefits or obligations under this Agreement. You may not assign, whether voluntarily or by operation of law, any of your rights, economic benefits or obligations under this Agreement, except with our prior written consent.
Execution; Electronic Transactions. This Agreement may be executed electronically or manually. Execution may be completed in counterparts (including both counterparts that are executed on paper and counterparts that are electronic records and executed electronically), which together constitute a single agreement. Any copy of this Agreement (including a copy printed from an image of this Agreement that has been stored electronically) shall have the same legal effect as an original.
No Legal, Tax, or Financial Advice; Alerts. THE SERVICE IS NOT INTENDED TO PROVIDE LEGAL, TAX, OR FINANCIAL ADVICE. RIDEBELAY IS NOT A FINANCIAL PLANNER, BROKER, OR TAX ADVISOR. To the extent you use a Service for banking or other financial services, the Service is intended only to assist you in your financial organization and decision-making and is broad in scope. Before making any final decisions or implementing any financial strategy, you should consider obtaining additional information and advice from your accountant or other financial advisers who are fully aware of your individual circumstances. Please note that we are not a financial adviser, and our services are not intended to provide financial advice. Your financial situation is unique. We are not responsible for ensuring your bank account has sufficient funds for your needs, purposes, or transactions. We do not make any representations, warranties, or guaranties of any kind that the Services are appropriate for you. Before using the Services, you should consider obtaining additional information and advice from a financial adviser.You understand and agree that any alerts provided to you through the Services may be delayed or prevented by a variety of factors. rideBelay makes commercially reasonable efforts to provide alerts in a timely manner with accurate information, but we cannot guarantee the delivery, timeliness, or accuracy of the content of any alert. rideBelay will not be liable for any delays, failure to deliver, or misdirected delivery of any alert; for any errors in the content of an alert; or for any actions taken or not taken by you or any third party in reliance on an alert.
Notice and Cure. Prior to initiating an arbitration regarding a Claim (as defined in the Arbitration Agreement below), the party asserting the Claim (the "Complaining Party") shall give the other party (the "Defending Party") written notice of the Claim (a "Claim Notice") and a reasonable opportunity, not less than 30 days, to resolve the Claim. If we are the Complaining Party, we will send the Claim Notice to you at your email or physical address appearing in our records. Any Claim Notice must explain the nature of the Claim and the relief that is demanded. The Complaining Party must reasonably cooperate in providing any information about the Claim that the Defending Party reasonably requests.
Arbitration Agreement. Except as expressly provided below, Contractor and rideBelay agree that any past, present or future claim, dispute or controversy, regardless of the legal theory on which it is based, arising out of, relating to or in connection with this Agreement, or that arises from or is related to any relationship resulting from this Agreement (a “Claim”), shall be submitted to and resolved on an individual basis by binding arbitration before the American Arbitration Association (the “AAA”) under its Consumer Arbitration Rules (the “AAA Rules”), in effect at the time the arbitration is brought. If a Claim is arbitrated, it will be resolved by a neutral third-party arbitrator, and not by a judge or a jury, and Contractor and rideBelay knowingly and voluntarily waive the right to a jury trial on such Claim. “Claim” has the broadest possible meaning, and includes initial claims, counterclaims, cross- claims and third-party claims. It includes disputes based upon contract, tort, consumer rights, fraud and other intentional torts, constitution, statute, regulation, ordinance, common law and equity (including any claim for injunctive or declaratory relief). For purposes of this arbitration agreement, the term “rideBelay” includes (a) rideBelay Securities (b) any successor, assignee, transferee, agent, designee or servicer of rideBelay Securities; (c) any affiliates, subsidiary, and/or parent of the persons and entities referenced in (a) or (b); (d) the officers, directors, employees, stockholders, members, affiliates, subsidiaries, and parents of all of the foregoing in (a) through (c); and (e) any party named as a co-defendant with rideBelay in a Claim asserted by the Contractor, such as servicers and debt collectors. The arbitrator's award will be final and binding. Any court with jurisdiction may enter judgment upon the arbitrator's award.This arbitration agreement shall survive the termination of this Agreement, your fulfillment or default of your obligations under this Agreement and/or your or our bankruptcy or insolvency (to the extent permitted by applicable law). CLASS ACTION WAIVER: CONTRACTOR WILL NOT HAVE THE RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER REPRESENTATIVE ACTION IN COURT OR IN ARBITRATION, EITHER AS A CLASS REPRESENTATIVE OR CLASS MEMBER. Further the arbitrator may not join or consolidate Claims with claims of any other persons. The arbitrator shall have no authority to conduct any class or other representative proceeding, and shall award declaratory or injunctive relief only in favor of the party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.
Miscellaneous. If any portion of these Terms of Service is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, these Terms of Service as a whole will not be deemed unlawful, void or unenforceable, but only that portion of these Terms of Service that is unlawful, void or unenforceable will be stricken from these Terms of Service.You agree that if rideBelay does not exercise or enforce any legal right or remedy which is contained in these Terms of Service (or which we have the benefit of under any applicable law), this will not be taken to be a formal waiver of our rights and that those rights or remedies will still be available to rideBelay.All of your covenants, agreements, representations and warranties made in these Terms of Service will survive your acceptance of these Terms of Service and the termination of these Terms of Service.