This Mobile Application Driver License Agreement ("Agreement") is a binding agreement between you ("Driver" or "you") and hich.mn inc & Hich Transport LLC, each a Minnesota entity, d/b/a Hich ("Company"). By using the HICH platform you acknowledge and agree to be bound by the terms of this document, the General Terms Of Use & Privacy Policy, any other policies, rules or guidelines implemented by HICH, and all applicable laws and regulations. These Agreements collectively govern your use of the Company's rideshare mobile application (including all related documentation, the "Application"). The Application is licensed, not sold, to you.
BY CLICKING THE "AGREE" BUTTON AND DOWNLOADING, INSTALLING, OR USING THE APPLICATION, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT; (B) REPRESENT THAT YOU ARE 18 YEARS OF AGE OR OLDER; AND (C) ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS.
The Company's Driver Addendum, Privacy Policy, and any other policies, rules or guidelines that may be applicable to particular offers or features of the Application (collectively, the "Policies") are incorporated herein by reference and form part of this Agreement. Use of the Application is subject to other requirements and qualifications as determined by the Company in its sole discretion, such as background, driving record and other checks, minimum age requirements, and maintaining certain insurance standards.
Subject to the terms of this Agreement, Company grants you a limited, non-exclusive, non-transferable, non-sublicensable, non-assignable license, during the term of this Agreement, to:
You shall not:
Payment terms and plans are described in a separate driver addendum available at https://www.hich.mn/subscription-terms ("Driver Addendum"), which is incorporated herein by reference and forms part of this Agreement.
You agree that you will hold and maintain a valid, unexpired driver's license issued by the state in which you operate, and that you will have full legal authority to provide rides through the HICH platform in your Region. You represent that you meet the minimum age and driving experience requirements established by applicable law or HICH policy, and that your license shall remain in good standing at all times while you are an active Driver.
You further agree to provide and maintain accurate documentation as requested by HICH, including your driver's license, vehicle registration, proof of insurance, proof of residency, and a clear and current driver profile photograph. You consent to and shall successfully pass all background and driving record checks required by HICH or by law, both prior to activation and periodically thereafter.
Where required by local regulations, you agree to obtain and maintain any additional permits, licenses, or "for-hire" authorizations necessary to legally operate as a rideshare driver. You also agree to display any HICH-issued identification or signage when required by law or company policy.
You acknowledge and agree that you and the Company are in a direct business relationship, and the relationship between the parties under this Agreement is solely that of independent contracting parties. You and the Company expressly agree that:
You have no authority to bind the Company, and you will not hold yourself out as an employee, agent or authorized representative of the Company.
You are responsible for identifying, understanding, and complying with all laws (including, but not limited to, the Americans with Disabilities Act and applicable laws governing your collection, use, disclosure, security, processing and transfer of data), rules and regulations that apply to your provision of rides in the jurisdiction(s) in which you operate (your "Region").
Subject to applicable law, you are responsible for identifying and obtaining any required license (including driver's license), permit, or registration required to provide any rideshare or peer-to-peer transportation services that you provide using the Company's Application.
You agree that your vehicle will be properly registered, licensed, and suitable to provide rides in your Region. Each Driver shall provide and maintain a four-door vehicle with a minimum seating capacity for four passengers plus the Driver, which meets all applicable federal, state, and municipal requirements governing rideshare and for-hire transportation.
The vehicle must be in safe and good working order, equipped with functioning seatbelts for all seating positions, operable windows, air conditioning, and all standard safety features. The vehicle shall not be older than sixteen (16) model years and shall be free of excessive cosmetic damage or unauthorized commercial branding or decals. The vehicle must not carry a salvage, rebuilt, or reconstructed title and shall successfully pass all required mechanical and safety inspections.
Temporary or permanent registration and valid rideshare or commercial insurance coverage meeting or exceeding local minimum requirements are mandatory. These vehicle standards may be revised or updated by HICH at its sole discretion.
You will choose the most effective, efficient, and safe manner to reach the destinations associated with a ride. Any navigational directions offered in the Application are offered for your convenience only; you have no obligation to follow such navigational directions. You agree to transport riders, or their guests, directly to their specified destination, as directed by the applicable person, without unauthorized interruption or unauthorized stops.
You may receive information about riders, including approximate pickup location, and you agree that your riders may also be given identifying information about you, including your first name, photo, location, vehicle information, and certain other information you have voluntarily provided through the Application (collectively, "User Information"). Without a rider's consent, you agree not to contact any rider or otherwise use any of the rider's User Information except solely in connection with the provision of rides to that rider. You agree to treat all rider User Information as confidential.
For the purpose of assisting the Company with its compliance and insurance obligations, you agree to notify the Company within 24 hours and provide the Company with all reasonable information relating to any incident (including any crash involving your vehicle) that occurs during your provision of a ride and you agree to cooperate with any investigation and attempted resolution of such incident.
You agree to notify the Company within 24 hours if you are arrested for, charged with, or convicted of a criminal offense, for Application eligibility consideration.
Your Mobile Device geo-location information is required for the proper functioning of the Company's Application, and you agree to not take any action to manipulate or falsify your Mobile Device geo-location. You grant the Company the irrevocable right to obtain your geo-location information and to share your location with third parties, including your riders, who will see the approximate location of your vehicle before and during their ride. The Company may not and will not use this information to attempt to supervise, direct, or control you or your provision of rides.
You acknowledge and agree that the Application is provided under license, and not sold, to you. You do not acquire any ownership interest in the Application under this Agreement, or any other rights thereto other than to use the Application in accordance with the license granted, and subject to all terms, conditions, and restrictions under this Agreement. Company and its licensors and service providers reserve and shall retain their entire right, title, and interest in and to the Application, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in this Agreement.
You acknowledge that when you download, install, or use the Application, Company may use automatic means (including, for example, cookies and web beacons) to collect information about your Mobile Device and about your use of the Application. All information we collect through or in connection with this Application is subject to our Privacy Policy located at https://www.hich.mn/terms, which is incorporated herein by reference and forms part of this Agreement.
We may revise and update this Agreement from time to time and in our sole discretion. All changes are effective immediately when we post them at https://www.hich.mn/driver-terms and apply to all access to and use of the Application and the Content and Services thereafter. You will receive notification of the changes via the Application and your continued use of the Application after we publish notice of changes to this Agreement indicates your consent to the updated terms.
The Application may provide you with access to Company's website located at https://www.hich.mn/ (the "Website") and products and services accessible thereon (collectively, "Content and Services"). Your access to and use of such Content and Services are governed by the Company's Policies. Any violation of our Policies will also be deemed a violation of this Agreement.
The Content and Services are based in the state of Minnesota in the United States and provided for access and use only by persons located in the United States. You acknowledge that you may not be able to access all or some of the Content and Services outside of the United States and that access thereto may not be legal by certain persons or in certain countries. If you access the Content and Services from outside the United States, you are responsible for compliance with local laws.
Company may from time to time in its sole discretion develop and provide Application updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, "Updates"). Updates may also modify or delete in their entirety certain features and functionality. You agree that Company has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality.
You shall promptly download and install all Updates and acknowledge and agree that the Application or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the Application and be subject to all terms and conditions of this Agreement.
The Application may display, include, or make available third-party content (including data, information, applications, and other products, services, and/or materials) or provide links to third-party websites or services (collectively, "Third-Party Materials"). You acknowledge and agree that Company is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. Company does not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Materials.
The term of Agreement commences when you download or install the Application, or you acknowledge your acceptance, and will continue in effect until terminated by you or Company.
THE APPLICATION IS PROVIDED TO DRIVER "AS IS" AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE APPLICATION, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
THE COMPANY PROVIDES LEAD GENERATION AND RELATED SERVICES ONLY, AND MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES AS TO THE ACTIONS OR INACTIONS OF THE RIDERS WHO MAY REQUEST OR ACTUALLY RECEIVE RIDES FROM YOU. THE COMPANY DOES NOT SCREEN OR EVALUATE THESE RIDERS.
IF A DISPUTE ARISES BETWEEN YOU AND YOUR RIDERS OR ANY OTHER THIRD PARTY, YOU RELEASE THE COMPANY FROM LOSSES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL COMPANY OR ITS AFFILIATES HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE APPLICATION FOR: (A) PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES; OR (B) DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE APPLICATION.
You agree to indemnify, defend, and hold harmless Company and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys' fees, arising from or relating to your use or misuse of the Application or your breach of this Agreement.
The Application may be subject to US export control laws, including the Export Control Reform Act and its associated regulations. You shall not, directly or indirectly, export, re-export, or release the Application to, or make the Application accessible from, any jurisdiction or country to which export, re-export, or release is prohibited by law, rule, or regulation.
If any provision of this Agreement is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of this Agreement will continue in full force and effect.
This Agreement is governed by and construed in accordance with the internal laws of the State of Minnesota without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of or related to this Agreement or the Application shall be instituted exclusively in the federal courts of the United States or the courts of the State of Minnesota in each case located in Minneapolis and Hennepin County. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
PLEASE READ THIS SECTION CAREFULLY — IT MAY SIGNIFICANTLY IMPACT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIM.
YOU AND THE COMPANY MUTUALLY AGREE TO WAIVE YOUR RESPECTIVE RIGHTS TO RESOLUTION OF DISPUTES AND CLAIMS IN A COURT OF LAW BY A JUDGE OR JURY AND AGREE TO RESOLVE ANY DISPUTE OR CLAIM BY BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION ("AAA") IN ACCORDANCE WITH ITS COMMERCIAL ARBITRATION RULES. COPIES OF THE AAA'S RULES CAN BE OBTAINED AT WWW.ADR.ORG.
The place of any arbitration proceeding shall be Hennepin County, Minnesota. Our Agreement to Arbitrate is governed by the Federal Arbitration Act ("FAA"), 9 U.S.C. §§ 1–16. This Section 25 shall survive the termination of this Agreement.
BOTH THE COMPANY AND YOU AGREE THAT ANY AND ALL DISPUTES OR CLAIMS BETWEEN THE PARTIES SHALL BE RESOLVED ONLY IN INDIVIDUAL ARBITRATION, AND NOT ON A CLASS, COLLECTIVE, COORDINATED, OR CONSOLIDATED BASIS ON BEHALF OF OTHERS. THERE WILL BE NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT, HEARD, ADMINISTERED, RESOLVED, OR ARBITRATED AS A CLASS, COLLECTIVE, COORDINATED, OR CONSOLIDATED ACTION.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE APPLICATION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES — OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Entire Agreement. This Agreement and the Policies (and any documents incorporated therein) constitute the entire agreement between you and Company with respect to the Application and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect to the Application.
Waiver. No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. In the event of a conflict between this Agreement and any applicable purchase or other terms, the terms of this Agreement shall govern.
Ref: 4926-2138-8351, v. 4