Terms & Conditions

ARCASOFT/ARCATRIPS¹ Terms & Conditions

1. Contractual Relationship

These Terms of Use ("Terms") govern the access or use by you, an individual, from within any country in the world (excluding the United States and its territories and possessions and Mainland China) of applications, websites, content, call centre, technology platform, e-payment services, products, and services (collectively, the "ARCASOFT Services") made available by ARCASOFT Inc, a private limited liability company established in the US State of Delaware, having its offices at 1201 N Orange St, Wilmington, DE, 19801, USA ("ARCASOFT") and which expression includes ARCASOFT’s subsidiaries, legal representatives, administrators, successors- in-title, permitted assigns and affiliates ("Affiliates").

These Terms constitute a legally binding agreement between you and your local ARCASOFT entity.

PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE ARCASOFT SERVICES. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS, YOU MAY NOT USE OR ACCESS THE ARCASOFT SERVICES.

Your access and use of the ARCASOFT Services constitutes your agreement to be bound by these Terms, which establishes a contractual relationship between you, ARCASOFT and your local ARCASOFT entity. These Terms expressly supersede prior agreements or arrangements with you. ARCASOFT may immediately terminate these Terms or any of the ARCASOFT Services with respect to you, or generally cease offering or deny access to the ARCASOFT Services or any portion thereof, at any time for any reason.

Supplemental terms may apply to certain ARCASOFT Services, such as policies for a particular event, activity or promotion, and such supplemental terms will be disclosed to you in connection with the applicable ARCASOFT Services. Supplemental terms are in addition to, and shall be deemed a part of, the Terms for the purposes and period of the applicable ARCASOFT Services. Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable ARCASOFT Services.

ARCASOFT may amend the Terms related to the ARCASOFT Services from time to time. Amendments will be effective upon ARCASOFT posting such updated Terms at this location or the amended policies or supplemental terms on the applicable Service. Your continued access or use of the ARCASOFT Services after such posting constitutes your consent to be bound by the Terms, as amended.

Our collection and use of your personal information or any other data which may be collected from time to time in connection with the use of the ARCASOFT Services is provided in ARCASOFT’s Privacy Policy which can be accessed at arcatrips.com. ARCASOFT may provide to a claims processor, an insurer or any person required under applicable laws any necessary information (including your contact information) if there is a complaint, dispute or conflict, which may include an accident, involving you and a Third Party Provider (including a transportation network company driver) and such information or data is necessary to resolve the complaint, dispute or conflict.

1. The ARCASOFT Services

The ARCASOFT Services constitute a technology platform that enables users of ARCATRIPS’s mobile applications or websites provided as part of the ARCASOFT Services (each, an "Application") to arrange and schedule transportation services with independent third party providers of such services, including independent third party transportation providers under agreement with ARCASOFT or certain of ARCASOFT’s Affiliates ("Third Party Providers"). Unless otherwise agreed by ARCASOFT in a separate written agreement with you, the ARCASOFT Services are made available solely for your personal and non-commercial use. Each service provided by a Third Party Provider to you shall constitute a separate legal agreement between the you and the Third Party Provider. YOU ACKNOWLEDGE THAT ARCASOFT DOES NOT PROVIDE ANY FORM OF TRANSPORTATION SERVICES OR FUNCTION AS A TRANSPORTATION CARRIER OR SERVICE PROVIDER OR OWN ANY VEHICLES FOR TRANSPORTATION AND THAT ALL SUCH TRANSPORTATION SERVICES ARE PROVIDED BY THIRD PARTY PROVIDERS WHO ARE NOT EMPLOYED BY ARCASOFT OR ANY OF ITS AFFILIATES NOR OPERATE UNDER THEIR CONTROL.

License

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

Restrictions

In addition to the general obligations set out under the sub-heading “Activities” in paragraph 3 below, you specifically agree to not , without the prior explicit written consent of ARCASOFT,: (i) remove any copyright, trademark or other proprietary notices from any portion of the ARCASOFT 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 ARCASOFT Services except as expressly permitted by ARCASOFT; (iii) decompile, reverse engineer or disassemble the ARCASOFT Services; (iv) link to, mirror or frame any portion of the ARCASOFT Services; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the ARCASOFT Services or unduly burdening or hindering the operation and/or functionality of any aspect of the ARCASOFT Services; or (vi) attempt to gain unauthorised access to or impair any aspect of the ARCASOFT Services or its related systems or networks.

Provision of the ARCASOFT Services

You acknowledge that portions of the ARCASOFT Services may be made available under ARCASOFT’s various brands or request options associated with transportation, including for SAAS. You also acknowledge that the ARCASOFT Services may be made available under such brands or request options by or in connection with: (i) certain of ARCASOFT’s Affiliates; or (ii) independent Third Party Providers, including transportation network company drivers, transportation charter permit holders or holders of similar transportation permits, authorisations or licenses.

Third Party Services and Content

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

Ownership

The ARCASOFT Services and all rights therein are and shall remain ARCASOFT’s property or the property of ARCASOFT’s licensors. Neither these Terms nor your use of the ARCASOFT Services convey or grant to you any rights: (i) in or related to the ARCASOFT Services except for the limited license granted above; or (ii) to use or reference in any manner ARCASOFT’s company names, logos, product and service names, trademarks or services marks or those of ARCASOFT’s licensors irrespective of whether or not they are registered or un-registered, unless specified to the contrary in individual terms of agreement for SAAS.

1. Your Use of the ARCASOFT Services

User Accounts

To use most aspects of the ARCASOFT Services, you must register for and maintain an active personal user ARCASOFT 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 set-up and maintain an Account. Account registration requires you to submit to ARCASOFT certain personal information, such as your name, address, mobile phone number and age, as well as at least one valid payment method (either a credit card, cash or accepted payment partner). You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, may result in your inability to access and use the ARCASOFT Services or ARCASOFT’s termination of these Terms with you. You are responsible for all activity that occurs under your Account, and you agree to maintain, at all times, the security and secrecy of your Account username and password. Unless otherwise permitted by ARCASOFT in writing, you may only possess one Account. All users, business/ company or individuals, agree that as soon as they log on to an arcatrips app, they explicitely provide approval for the arcatrips app, and third party providers such as google and apple, to track their location. SAAS users, may, at the discretion of Ms ARCASOFT, hold multiple accounts as needed to perform a satisfactory level of service.

User Requirements and Conduct

The ARCASOFT 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 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 using the ARCASOFT Services, and you may only use the ARCASOFT Services for lawful purposes (e.g., no transport of unlawful or hazardous materials). You will not, in your use of the ARCASOFT Services, cause nuisance, annoyance, inconvenience, or property damage, whether to the Third Party Provider or any other party. In certain instances you may be asked to provide proof of identity to access or use the ARCASOFT Services, and you agree that you may be denied access by the Third Party Provider or to use the ARCASOFT Services if you refuse to provide proof of identity.

Text Messaging

By creating an Account, you agree that the ARCASOFT Services may send you text (SMS) messages as part of the normal business operation of your use of the ARCASOFT Services. You may opt-out of receiving text (SMS) messages from ARCASOFT at any time by following the directions found in the app. You acknowledge that opting out of receiving text (SMS) messages may impact your use of the ARCASOFT Services.

Promotional Codes

ARCASOFT may, in ARCASOFT's sole discretion, create promotional codes that may be redeemed for Account credit, or other features or benefits related to the ARCASOFT Services and/or a Third Party Provider's services, subject to any additional terms that ARCASOFT establishes on a per promotional code basis ("Promo Codes"). You agree that Promo Codes: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public form or otherwise), unless expressly permitted by ARCASOFT; (iii) may be disabled by ARCASOFT at any time for any reason without liability to ARCASOFT; (iv) may only be used pursuant to the specific terms that ARCASOFT establishes for such Promo Code; (v) are not valid for cash; and (vi) may expire prior to your use. ARCASOFT reserves the right to withhold or deduct credits or other features or benefits obtained through the use of Promo Codes by you or any other user in the event that ARCASOFT determines or believes that the use or redemption of the Promo Code was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or these Terms.

Bundles and Credits

As part of your Account, ARCASOFT may provide you with access to a wallet feature in the ARCASOFT mobile application which may allow you to: (i) manage payment for Services; (ii) add and store pre-paid credit balance (“ARCASOFT Credit”); and/or (iii) transfer ARCASOFT Credit to or receive ARCASOFT Credit from other users, against payment of any applicable fees and subject to any limits on the number of transfers or the amount of ARCASOFT Credit you can send and/or receive, which fees and limits may be modified by ARCASOFT (in its sole discretion) from time to time.

When transferring ARCASOFT Credit balance to another user, the amount transferred and the applicable fees (if any) will be deducted from your Account balance and will be transferred to the other user. Once the request for the transfer of ARCASOFT Credit is completed, the transfer cannot be cancelled or otherwise reversed. You agree that in providing you with this feature, ARCASOFT is merely enabling the transfer of ARCASOFT Credit balance and is no way responsible for the actions of the individual users, including the reason for which ARCASOFT Credit is transferred by or to you.

You may be entitled to purchase bundles of ARCASOFT Credit (“ARCASOFT Bundles”) or you may receive trip discounts ("Trip Discounts") that you can apply toward payment of certain services provided by ARCASOFT or fees charged by ARCASOFT in relation to the Services.

ARCASOFT Bundles, ARCASOFT Credits and Trip Discounts are only valid for use on the ARCASOFT Platform and are not transferable or redeemable for cash, are non-refundable, and may only be used for certain Services. ARCASOFT Bundles and Trip Discounts cannot be combined, and if the cost of your ride exceeds the applicable credit or discount value we will charge your payment method on file for the outstanding cost of the trip.

Additional restrictions on ARCASOFT Bundles, ARCASOFT Credits and Trip Discounts may apply as communicated to you in a relevant promotion or specific terms. ARCASOFT may cancel, or vary the terms, relating to any ARCASOFT Bundles, ARCASOFT Credits or Trip Discounts at any time in its sole discretion.

Referral Program

As part of your Account, ARCASOFT may provide you with or allow you to create a “ARCASOFT Code” a unique alphanumeric code for you to distribute to friends, family and other persons (each a “Referred User”) to become new users (“Referred Users”). ARCASOFT Codes may only be distributed for promotional purposes and must be given away free of charge. You may not sell, trade, or barter your ARCASOFT Code. You are prohibited from advertising ARCASOFT Codes, including but not limited to on Google, Facebook, Twitter and Instagram or on any other digital platform or website owned or controlled by you or any other person. ARCASOFT reserves the right to deactivate or invalidate any ARCASOFT Code at any time in ARCASOFT’s sole discretion.

From time to time, ARCASOFT may offer you incentives to refer new users to the ARCASOFT community (the “Referral Program”). These incentives may come in the form of ARCASOFT Credits and/or Trip Discounts, and ARCASOFT may set or change the incentive types, amounts, terms, restrictions, and qualification requirements for any incentives in its sole discretion.

User Provided Content

ARCASOFT may, in ARCASOFT's sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to ARCASOFT through the ARCASOFT Services textual, audio, and/or visual content and information, including commentary and feedback related to the ARCASOFT 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 ARCASOFT, you grant ARCASOFT a worldwide, perpetual, irrevocable, transferrable, 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 ARCASOFT Services and ARCASOFT’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 ARCASOFT 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 ARCASOFT'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.

In addition to your general obligations under the sub-heading “Activities” below, you agree to not provide User Content that is false, inaccurate, misleading (directly or by omission or failure to update information), defamatory, libelous, hateful, abusive, obscene, profane, offensive, pornographic or sexually oriented, threatening, harassing, illegal, or otherwise offensive, as determined by ARCASOFT in its sole discretion, whether or not such material may be protected by law. ARCASOFT may, but shall not be obligated to, review, monitor, or remove User Content, at ARCASOFT'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 ARCASOFT Services. Your mobile network's data and messaging rates and fees may apply if you access or use the ARCASOFT Services from a wireless-enabled device and you shall be responsible for such rates and fees. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the ARCASOFT Services and Applications and any updates thereto. ARCASOFT does not guarantee that the ARCASOFT Services, or any portion thereof, will function on any particular hardware or devices. In addition, the ARCASOFT Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.

Activities

With respect to your use of the ARCASOFT Services, you agree that you will not: (i) impersonate any person or entity; (ii) stalk, threaten, or otherwise harass any person (including other users of the ARCASOFT Services), the Third Party Provider (including the captain or driver of a vehicle) or carry any weapons; (iii) violate any law, statute, rule, permit, ordinance or regulation; (iv) interfere with or disrupt the ARCASOFT Services or the servers or networks connected to the ARCASOFT Services; (v) post information or interact on the ARCASOFT Services in a manner which is false, inaccurate, misleading (directly or by omission or failure to update information), defamatory, libelous, hateful, abusive, obscene, profane, offensive, pornographic or sexually oriented, threatening, harassing, illegal, or otherwise offensive; (vi) use narcotics or alcohol; (vii) use the ARCASOFT Services in any way that infringes any third party’s rights, including but not limited to: intellectual property rights, copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (viii) post, email or otherwise transmit any malicious code, files or programs designed to interrupt, damage, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or surreptitiously intercept or expropriate any system, data or personal information; (ix) forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the ARCASOFT Services; (x) “frame” or “mirror” any part of the ARCASOFT Services, without our prior written authorization or use meta tags or code or other devices containing any reference to us in order to direct any person to any other web site for any purpose; (xi) rent, lease, lend, sell, redistribute, license or sublicense the ARCASOFT Services without an exclusive SAAS agreement; (xii) link directly or indirectly to any other web sites; (xiii) transfer or sell your Account, password and/or identification to any other party; (xiv) discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation; (xv) cause any third party to engage in the restricted activities above. In the event that you undertake in any of the above while participating in ARCASOFT Services, the driver shall be permitted to refuse to provide you services or, if such services have commenced, a driver shall be permitted to refuse to continue to provide you services.

1. Payment

You understand that use of the ARCASOFT Services may result in charges to you for the services or goods you receive from a Third Party Provider (which shall also include any amounts which are charged by ARCASOFT for the provision of the ARCASOFT Services) ("Charges"). After you have received services obtained through your use of the ARCASOFT Service, ARCASOFT may: (a) facilitate your payment of the applicable Charges on behalf of the Third Party Provider as such Third Party Provider's limited payment collection agent; and (b) collect any applicable fees payable to ARCASOFT directly from you or, in the case of a cash payment, from the relevant Third Party Provider on your behalf. Payment of the Charges in such manner shall be considered the same as payment made directly by you to the Third Party Provider. Charges may include other applicable fees, tolls, and/or surcharges, including a booking fee, national, provincial and municipal tolls, airport surcharges and processing fees for split payments, and will be inclusive of applicable taxes where required by law. Charges paid by you are final and non-refundable, unless otherwise determined by ARCASOFT. You retain the right to request lower Charges from a Third Party Provider for services received by you from such Third Party Provider at the time you receive such services. ARCASOFT will respond accordingly to any request from a Third Party Provider to modify the Charges for a particular service.

All Charges are due immediately and payment will be facilitated by ARCASOFT using the preferred payment method designated in your Account (which may include, credit card, cash, mobile payment, or such other payment methods which ARCASOFT may accept in your jurisdiction), after which your ride history in your Account will be updated with a receipt for the ride and ARCASOFT may also send you a receipt by email. If your primary Account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that ARCASOFT may, as the Third Party Provider's limited payment collection agent, use a secondary payment method in your Account (including any amounts which may be deposited in the ARCASOFT wallet), if available.

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

You may elect to cancel your request for services from a Third Party Provider at any time prior to such Third Party Provider's arrival, in which case you may be charged a cancellation fee.

This payment structure is intended to fully compensate the Third Party Provider for the services provided. ARCASOFT does not designate any portion of your payment as a tip or gratuity to the Third Party Provider. Any representation by ARCASOFT (on ARCASOFT's website, in the Application, or in ARCASOFT'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 ARCASOFT provides any additional amounts, beyond those described above, to the Third Party Provider. 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 obtained through the Service, you are under no obligation to do so. Gratuities are voluntary, except where specifically mentioned. After you have received services or goods obtained through the ARCASOFT Service, you will have the opportunity to rate your experience and leave additional feedback about your Third Party Provider.

Repair or Cleaning Fees

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

1. Disclaimers; Limitation of Liability; Indemnity.

DISCLAIMER

THE ARCASOFT SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." ARCASOFT 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, ARCASOFT MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF THE ARCASOFT SERVICES OR ANY SERVICES OR GOODS REQUESTED THROUGH THE USE OF THE ARCASOFT SERVICES, OR THAT THE ARCASOFT SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. ARCASOFT DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF THIRD PARTY PROVIDERS. ARCASOFT ALSO SHALL NOT BE LIABLE FOR ANY ACTIONS OR INACTIONS OF OTHER PERSONS WHO ARE USING THE ARCASOFT SERVICES AT THE SAME TIME AS YOU ARE. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE ARCASOFT SERVICES, AND ANY SERVICE REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.

LOCATION DATA PROVIDED BY THE ARCASOFT SERVICES IS FOR BASIC LOCATION PURPOSES ONLY AND IS NOT INTENDED TO BE RELIED UPON IN SITUATIONS WHERE PRECISE LOCATION INFORMATION IS NEEDED OR WHERE ERRONEOUS, INACCURATE OR INCOMPLETE LOCATION DATA MAY LEAD TO DEATH, PERSONAL INJURY, PROPERTY OR ENVIRONMENTAL DAMAGE. NEITHER ARCASOFT, NOR ITS AFFILIATES NOR ANY OF ITS CONTENT PROVIDERS, GUARANTEES THE AVAILABILITY, ACCURACY, COMPLETENESS, RELIABILITY, OR TIMELINESS OF LOCATION DATA TRACKED OR DISPLAYED BY THE APPLICATIONS. ANY OF YOUR INFORMATION, INCLUDING GEOLOCATIONAL DATA, YOU UPLOAD, PROVIDE, OR POST ON THE APPLICATIONS MAY BE ACCESSIBLE TO ARCASOFT, SELECTED PARTNERS AND RELEVANT THIRD PARTY PROVIDERS.

YOU ACKNOWLEDGE THAT ARCASOFT MAY (BUT IS NOT OBLIGATED TO) HAVE ITS OWN INSURANCE COVERAGE FROM WHICH YOU MAY BENEFIT. IN THE EVENT THEREOF, YOU AGREE TO PROVIDE PROPER NOTIFICATION OF AN INSURANCE CLAIM AND ACCEPT THE BENEFIT OF ANY INSURANCE SERVICE PROVIDED AT YOUR OWN RISK AND YOU HEREBY ACKNOWLEDGE THAT ARCASOFT IS NOT ACTING AS A BROKER IN CONNECTION THEREWITH, NOR DOES IT PROVIDE ANY GUARANTEES, WARRANTIES OR ANY OTHER ASSURANCES IN CONNECTION THEREWITH.

LIMITATION OF LIABILITY

ARCASOFT 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 ARCASOFT SERVICES, EVEN IF ARCASOFT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ARCASOFT SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (I) YOUR USE OF OR RELIANCE ON THE ARCASOFT SERVICES OR YOUR INABILITY TO ACCESS OR USE THE ARCASOFT SERVICES; (II) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD PARTY PROVIDER, EVEN IF ARCASOFT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; OR (III) ANY TRANSACTION, INTERACTION OR RELATIONSHIP BETWEEN YOU AND ANY OTHER PERSON WHO IS USING THE ARCASOFT SERVICES, EVEN IF ARCASOFT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ARCASOFT SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND ARCASOFT’S REASONABLE CONTROL. YOU ACKNOWLEDGE THAT THIRD PARTY TRANSPORTATION PROVIDERS PROVIDING TRANSPORTATION SERVICES REQUESTED THROUGH SOME REQUEST BRANDS MAY OFFER RIDESHARING OR PEER-TO-PEER TRANSPORTATION SERVICES AND MAY NOT BE PROFESSIONALLY LICENSED OR PERMITTED. IN NO EVENT SHALL ARCASOFT’S TOTAL LIABILITY TO YOU IN CONNECTION WITH THE ARCASOFT SERVICES FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED UNITED STATES DOLLARS FIVE HUNDRED ($500) OR THE EQUIVALENT AMOUNT IN THE CURRENCY IN YOUR JURISDICTION.

THE ARCASOFT SERVICES MAY BE USED BY YOU TO REQUEST AND SCHEDULE TRANSPORTATION SERVICES WITH THIRD PARTY PROVIDERS, BUT YOU AGREE THAT ARCASOFT HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY TRANSPORTATION SERVICES PROVIDED TO YOU BY THIRD PARTY PROVIDERS OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS. THE LIMITATIONS AND DISCLAIMER IN THIS SECTION 5 DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.

INDEMNITY

YOU AGREE TO INDEMNIFY AND HOLD ARCASOFT AND ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS HARMLESS FROM ANY AND ALL CLAIMS, DEMANDS, LOSSES, LIABILITIES, AND EXPENSES (INCLUDING ATTORNEYS' FEES) ARISING OUT OF OR IN CONNECTION WITH: (I) YOUR USE OF THE ARCASOFT SERVICES OR SERVICES OR GOODS OBTAINED THROUGH YOUR USE OF THE ARCASOFT SERVICES; (II) YOUR BREACH OR VIOLATION OF ANY OF THESE TERMS; (III) ARCASOFT’S USE OF YOUR USER CONTENT; OR (IV) YOUR VIOLATION OF THE RIGHTS OF ANY THIRD PARTY, INCLUDING THIRD PARTY PROVIDERS AND OTHER USERS.

Lost Property

You understand and agree that it is your responsibility to ensure that you remove your property from the vehicle of a Third Party Provider when disembarking. Should you leave your property in the vehicle of a Third Party Provider, the Third Party Provider may hand over your property to you, ARCASOFT or to the ARCASOFT local service entity.

Whilst you may expect Third Party Providers to hand over your property to you, the offices of ARCASOFT or the ARCASOFT local service entity, ARCASOFT or the ARCASOFT local service entity shall not be held liable in the event of the Third Party Provider not handing over your property as expected. Moreover, ARCASOFT or the ARCASOFT local service entity shall not be liable for the loss or damage to your property whilst it is in transit.

Whilst ARCASOFT or the ARCASOFT local service entity will take reasonable steps to establish the owner of property left in a Third Party Provider’s vehicle if returned to the offices of ARCASOFT or the ARCASOFT local service entity, when your property is in ARCASOFT’s or the ARCASOFT local service entity’s possession, you understand and agree that: (i) ARCASOFT or the ARCASOFT local service entity will only keep your property in its possession for a maximum period of one month from the date on which the Third Party Provider handed your property to ARCASOFT or the ARCASOFT local service entity; and (ii) should you fail to collect your property from ARCASOFT or the ARCASOFT local service entity before the expiry of the one month period stipulated, ARCASOFT or the ARCASOFT local service entity will be entitled to deal with your property as it deems fit and you shall have no claim whatsoever against ARCASOFT or the ARCASOFT local service entity in respect of your unclaimed property.

6. Dispute Resolution

Arbitration

You agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Applications or ARCASOFT Services (collectively, "Disputes") will be settled by binding arbitration between you and any relevant Affiliate in the US state of Delaware only, except that each party retains 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. You acknowledge and agree that you and ARCASOFT are each waiving the right to a trial by jury or to participate as a plaintiff or class in any purported class action or representative proceeding. Further, unless both you and the relevant Affiliate otherwise agree in writing, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this "Dispute Resolution" section will be deemed void. Except as provided in the preceding sentence, this "Dispute Resolution" section will survive any termination of this Agreement. This “Dispute Resolution” section applies to all Disputes (as defined below) between you and ARCASOFT and/or any of its Affiliates.

Arbitration Process and Rules

Any dispute, conflict, claim or controversy arising out of or broadly in connection with or relating to the Applications or these Terms, including those relating to its validity, its construction or its enforceability (any “Dispute”) shall be first mandatorily submitted to mediation proceedings under the International Chamber of Commerce Mediation Rules (“ICC Mediation Rules”). If such Dispute has not been settled within sixty (60) days after a request for mediation has been submitted under such ICC Mediation Rules, such Dispute can be referred to and shall be exclusively and finally resolved by arbitration under the Rules of Arbitration of the International Chamber of Commerce (“ICC Arbitration Rules”). The ICC Rules' Emergency Arbitrator provisions are excluded. The Dispute shall be resolved by one (1) arbitrator to be appointed in accordance with the ICC Rules. The place of both mediation and arbitration shall be in the city in which the applicable Affiliate with which you have a Dispute has its registered office. The language of the mediation and/or arbitration shall be English, unless you do not speak English, in which case the mediation and/or arbitration shall be conducted in both English and your native language. The existence and content of the mediation and arbitration proceedings, including documents and briefs submitted by the parties, correspondence from and to the International Chamber of Commerce, correspondence from the mediator, and correspondence, orders and awards issued by the sole arbitrator, shall remain strictly confidential and shall not be disclosed to any third party without the express written consent from the other party unless: (i) the disclosure to the third party is reasonably required in the context of conducting the mediation or arbitration proceedings; and (ii) the third party agrees unconditionally in writing to be bound by the confidentiality obligation stipulated herein.

7. Other Provisions

Choice of Law

These Terms are governed by and construed in accordance with the laws of the jurisdiction in which the relevant Affiliate is incorporated, without giving effect to any conflict of law principles, except as may be otherwise provided in supplemental terms applicable to your region.

Claims of Copyright Infringement

Claims of copyright infringement should be sent to contact@arcasoft.com.

Notice

ARCASOFT may give notice by means of a general notice on the ARCASOFT Services, electronic mail to your email address in your Account, or by written communication sent to your address as set forth in your Account. You may give notice to ARCASOFT by written communication to ARCASOFT’s address at 1201 N Orange St, Wilmington, DE, 19801, USA.

General

You may not assign or transfer these Terms in whole or in part without ARCASOFT’s prior written approval. You give your approval to ARCASOFT for it to assign or transfer these Terms in whole or in part, including to: (i) an Affiliate; (ii) an acquirer of ARCASOFT’s equity, business or assets; or (iii) a successor by merger. No joint venture, partnership, employment or agency relationship exists between you, ARCASOFT or any Third Party Provider as a result of the contract between you and ARCASOFT or use of the ARCASOFT Services.

If any provision of these Terms is held to be illegal, invalid or unenforceable, in whole or in part, under any law, such provision or part thereof shall to that extent be deemed not to form part of these Terms but the legality, validity and enforceability of the other provisions in these Terms shall not be affected. In that event, the parties shall replace the illegal, invalid or unenforceable provision or part thereof with a provision or part thereof that is legal, valid and enforceable and that has, to the greatest extent possible, a similar effect as the illegal, invalid or unenforceable provision or part thereof, given the contents and purpose of these Terms. These Terms constitute the entire agreement and understanding of the parties with respect to its subject matter and replaces and supersedes all prior or contemporaneous agreements or undertakings regarding such subject matter. In these Terms, the words "including" and "include" mean "including, but not limited to."