1. General Provisions

The Executive Car Platform provides an intermediary service platform (“Platform”) for premium professional driver services provided by independent local service providers (“Local Service Providers”). The Company provides a technology platform that connects Users with professional chauffeurs or licensed transportation providers (“Drivers”). Executive Car does not provide, own, or control any of the transportation services (the “Services”) offered by the Local Service Providers to third parties but rather provide Users with a marketplace to access the Services provided by the Local Service Providers. Executive Car is not a transportation carrier. Through the Platform, Users can book transportation to specific destinations based on factors like location, timing, and preferences. Executive Car facilitates these connections but does not provide the Services.

In addition to these User Terms, your access to, and use of the Services is also governed by the applicable terms found on our website. These include but are not limited to: the Privacy Notice which describes how we collect, use, and disclose your personal information, the Luggage Policy, Cancellation Policy, and other applicable Executive Car standards and policies in the state of California available at our Help Center. All transportation services are arranged in accordance with applicable state and local transportation regulations. By using the Platform, Users consent to receive communications electronically and agree that electronic agreements and signatures satisfy any legal requirement that such communications be in writing.

2. Eligibility

The Executive Car Platform may only be used by individuals who have the legal authority to agree to these User Terms who can fully comply with the conditions and obligations stated herein (and additionally ensure that such conditions and obligations applicable to passengers are complied with, if the passenger is different from the person booking the ride). By creating an Account, you confirm that you are at least 18 years old. If you are the parent or legal guardian of a minor aged 16 or 17, you may create an Account for the minor, if you assume responsibility for the minor’s use of the Platform in compliance with these User Terms.

3. Booking & Ride Requests

Users are requesting a pre-arranged ride. To book a ride, you must register for and maintain an active user Services account (“Account”) in the Executive Car Platform. All information provided must be accurate and complete. Access to the Executive Car Platform is restricted for Users whose accounts have been deactivated, whether temporarily or permanently. The request may be accepted by a Driver or transportation provider. Once confirmed, the booking constitutes an agreement for transportation services. Executive Car does not guarantee Driver availability. Estimated arrival times and pricing displayed in the app are estimates only and may vary.

Each User who creates an Account may not share it with others or use it on behalf of third parties. The User agrees to maintain the confidentiality of your Account credentials and promptly update your Account information if it changes. Only one Account per person is allowed, and Executive Car reserves the right to deactivate duplicate accounts. By creating an Account, you confirm that you are legally capable of entering into binding contracts and accept responsibility for all activity occurring under your Account. Executive Car is committed to providing accessible services in accordance with the Americans with Disabilities Act and applicable California law. Users requiring accessibility accommodations may contact customer support.

4. Pricing & Payment

All prices are displayed prior to booking where reasonably possible. By confirming a booking, you authorize Executive Car or its payment processor to charge your selected payment method for:

• Ride fares
• Applicable taxes
• Airport fees and surcharges
• Tolls
• Gratuities (if selected)
• Fees for split payment processing
• Cancellation or wait-time charges

All payments are processed electronically through third-party payment processors. Executive Car does not store full credit card numbers. The quote is subject to change until the ride request is confirmed. You further acknowledge that using Executive Car’s Services might lead to costs for the services you obtain from a Local Service Provider (“Charges”). Applicable taxes will be included where mandated by law. Payments you make are final and non-refundable unless Executive Car decides otherwise. You bear any transaction fees in the event of payment by transfer. Charges must be paid immediately, and Executive Car will use your preferred payment method in your booking to facilitate payment, subsequently emailing you a receipt. Should your primary payment method be expired, invalid, or otherwise unchangeable, you agree that Executive Car might use a secondary payment method registered in your booking if it’s available. Executive Car retains the right to set, alter, or remove Charges for the Service provided at its discretion. You also recognize that Charges in some areas might rise significantly during peak demand times. Executive Car will make reasonable efforts to notify you about applicable Charges, but you are responsible for Charges incurred for any booking regardless of your knowledge. Occasionally, Executive Car may provide Users with vouchers, promotions or discounts, resulting in varied amounts for similar services, and you agree these promotions do not affect your Charges unless extended to you. You’re free to cancel requests for Services which may incur a cancellation fee.

The payment structure is intended to fully compensate the Local Service Provider for the services provided. Statements by Executive Car suggesting that tipping is “voluntary,” “not required,” or “included,” simply mean Executive Car will not add extra amounts to what you’ve already paid. You are free to provide additional gratuity to the Local Service Provider but are under no obligation. Gratuities remain a personal choice. You are responsible for the costs of repairing damages or cleaning the vehicles and property of Local Service Provider if these exceed normal wear and tear from your use of the services. If a Local Service Provider reports damage or cleaning necessity which Executive Car reasonably verifies, Executive Car may process payment for these costs using your payment method on file, on behalf of the Local Service Provider. These payments will be forwarded to the Local Service Provider and are non-refundable.

5. Cancellation & Refunds

Users may cancel rides subject to the Cancellation policy displayed at the time of booking. If a ride is canceled after the permitted cancellation window, a cancellation fee may apply. Refund requests must be submitted through the Platform or customer support within 2 calendar days of the ride.

6. User Conduct & Safety

Users agree not to use the Platform for unlawful purposes. Users agree not to threaten, bully or harass the Drivers. Users agree not to damage vehicles or force the Driver to violate state or federal vehicular laws. Users agree to not attempt to bypass the Platform for payment or use another person’s account. Executive Car reserves the right to suspend or terminate accounts for violations.

Users must comply with all applicable laws during transportation services, including:

• Seat belt requirements
• Prohibition of use of illegal substances
• Engaging in respectful conduct towards the Drivers

Drivers may refuse service to users who pose safety risks.

7. Modification of These User Terms

Executive Car reserves the right to modify these User Terms or its policies relating to the Executive Car Platform at any time, effective upon posting of an updated version of these User Terms through the Executive Car Platform or any other communication mechanism that is made available by Executive Car. You will be offered the chance to accept any updated terms in future bookings with Executive Car. You should regularly review these User Terms, as your continued use of the Executive Car Platform after any such changes constitutes your agreement to such changes. Unless material changes are made to the arbitration provisions herein, you agree that modification of these User Terms does not create an opportunity to opt out of mutual consumer arbitration.

8. Mutual Consumer Arbitration Agreement

You and Executive Car agree that any dispute, claim, or controversy arising out of or relating to these Terms, the use of the Platform, or any transportation services arranged through the Platform (collectively, “Disputes”) shall be resolved exclusively through final and binding arbitration, except as expressly provided in this section.

This arbitration agreement is governed by the Federal Arbitration Act, which preempts any state law to the contrary.

Informal Dispute Resolution

Before initiating arbitration, the Parties agree to attempt to resolve the Dispute informally. A party initiating a dispute must send written notice describing the nature of the dispute and the requested relief to:

Executive Car LLC
17875 Von Karman Ave
Irvine, CA 92164
contact@executivecar.com

The parties agree to allow 30 days from receipt of the notice to attempt informal resolution.

Arbitration Procedures & Rules

If the dispute is not resolved informally, it shall be resolved by binding arbitration administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules. The arbitration shall be conducted by a single neutral arbitrator. Arbitration may occur:

• In the county where the User resides
• Based on written submissions where permitted by AAA rules

The arbitrator shall have authority to grant any relief that would be available in court of law under applicable California state or Federal law.

Arbitration Fees

Payment of arbitration fees shall be governed by the AAA Consumer Arbitration Rules. If the arbitrator determines that the costs of arbitration would be prohibitive for the User, the Company will pay the portion of arbitration fees necessary to ensure that arbitration remains accessible. Each party shall otherwise bear its own attorneys’ fees unless otherwise required by law.

Class Action and Representative Action Waiver

To the fullest extent permitted by law, all disputes must be brought solely in an individual capacity. Neither party shall seek to bring a class action, participate in a class action, act as a private attorney general, or participate in any representative proceeding. This means you and the Company waive any right to participate in a class, collective, or representative action.

Small Claims Exception

Either party may bring an individual action in small claims court in California if the claim qualifies.

30-Day Opt Out

Users may opt out of arbitration by sending a written notice to Executive Car within 30 days of account creation. [Mailing address — to be filled in]

9. California Consumer Rights

Under California Civil Code 1789.3, California residents are entitled to the following consumer rights notice:

The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at:

1625 North Market Blvd., Suite N112
Sacramento, CA 95834

or by telephone at (800) 952-5210.

10. California Privacy Rights

California residents may have additional rights under the California Consumer Privacy Act and California Privacy Rights Act, including the right to: (a) request disclosure of personal information collected; (b) request deletion of personal information; and (c) opt out of certain data sharing or sales. Additional details are available in Executive Car’s Privacy Policy.

11. Intellectual Property

All intellectual property rights in and to the Executive Car Platform shall be owned by Executive Car absolutely and in their entirety. These rights include database rights, inventions and patentable subject-matter, patents, copyright, design rights (whether registered or unregistered), trademarks (whether registered or unregistered) and other similar rights wherever existing in the world together with the right to apply for protection of the same. All other trademarks, logos, service marks, company or product names set forth in the Executive Car Platform are the property of their respective owners.

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information (“Submissions”) provided by you or on your behalf to us are non-confidential and shall become the sole property of Executive Car. Executive Car shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you. Except for the explicit license grants hereunder, nothing in these User Terms shall be construed to transfer ownership of or grant a license under any intellectual property rights.

12. Disclaimers

Executive Car does not provide transportation services, and Executive Car is not a transportation platform or a transportation network company. Executive Car is not a broker or a common carrier or public carrier. Any claims related to the liabilities and disclaimers in this section may be directed to relevant third parties such as those providing the Driver services. The following disclaimers are made on behalf of Executive Car, our affiliates, subsidiaries, parents, successors and assigns, and each of our respective officers, directors, employees, agents, and shareholders:

a. The Executive Car Platform and the services are provided on an “as-is” and “as-available” basis and without any warranty or condition, express or implied. You agree that your use of the services and the Platform will be at your sole risk. To the fullest extent permitted by California law, Executive Car specifically disclaims all warranties express or implied, in connection with your use of the Platform and the services, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, title and non-infringement.

b. Executive Car does not guarantee and cannot promise any specific results from use of the Executive Car Platform, as it does not control the Drivers or third party transportation providers. Executive Car cannot guarantee the ability for the User to receive services at any given location or time. Executive Car reserves the right to limit or eliminate access to the Platform in specific geographic areas and/or at specific times based on commercial viability, public health concerns or changes in law.

c. Executive Car disclaims all liability and responsibility for any:

• PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES OR THE EXECUTIVE CAR PLATFORM;
• DIRECT OR INDIRECT DAMAGE, LOSS, OR INJURY RESULTING FROM YOUR, YOUR PASSENGERS’ AND ANY THIRD PARTIES’ ACTIONS OR OMISSIONS, INCLUDING BUT NOT LIMITED TO ANY CRIMINAL OR ILLEGAL ACTIVITY;
• UNAUTHORIZED ACCESS TO, HACKING OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN;
• INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES;
• BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE EXECUTIVE CAR PLATFORM BY ANY THIRD PARTY; OR
• CONNECTIVITY, AVAILABILITY, ACCURACY, COMPLETENESS, AND RELIABILITY OF THE EXECUTIVE CAR PLATFORM, INCLUDING WITH RESPECT TO MAPPING, NAVIGATION, ESTIMATED TIMES OF ARRIVAL, AND ROUTING SERVICES.
• EXECUTIVE CAR SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY, OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY LOCAL SERVICE PROVIDER, EVEN IF EXECUTIVE CAR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXECUTIVE CAR SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND EXECUTIVE CAR’S REASONABLE CONTROL. YOU ACKNOWLEDGE THAT LOCAL SERVICE PROVIDERS ARE NOT OSTENSIBLE AGENTS, APPARENT AGENTS, ACTUAL AGENTS, OR EMPLOYEES OF EXECUTIVE CAR.

d. Executive Car does not warrant, endorse, guarantee or assume responsibility for any product or service advertised or offered by a third party through the services, any hyperlinked website, or any website or mobile application featured in any banner or other advertising, and Executive Car will not be a party to or in any way responsible for monitoring any transaction between you and any third-party providers of products or services.

e. Executive Car shall not be liable for any damages, liability or losses arising out of lack of or improper installation or use of child restraint systems for Users on rides requested through the services for whom a child restraint system is legally required.

13. Limitation of Liability

Neither Executive Car nor any of its affiliated, and their officers, directors, employees and agents shall be liable to you for indirect, incidental, special, exemplary, consequential or punitive damages, including lost profits, lost data, personal injury or death, property damage, in connection with, or otherwise resulting from any use of the Platform or Services or breach of these User Terms or any additional terms referenced herein, regardless of the negligence of Executive Car, even if Executive Car has been advised of the possibility of such damages. USER AGREES THAT EXECUTIVE CAR’S TOTAL LIABILITY SHALL NOT EXCEED THE GREATER OF THE TOTAL AMOUNT OF FEES PAID BY YOU TO EXECUTIVE CAR IN THE TWELVE (12) MONTHS PRECEDING THE DATE OF THE CLAIM OR $1,000 USD.

The limitations in this Section 13 do not purport to limit liability or alter your rights as a consumer that cannot be excluded under applicable California law.

14. Indemnity

You agree to indemnify and hold Executive Car and its affiliates and their officers, directors, employees, and agents harmless from and against any and all actions, claims, demands, losses, liabilities, costs, damages, and expenses (including attorneys’ fees), arising out of or in connection with: (i) your use of the Services or services or goods obtained through your use of the Services; (ii) your breach or violation of any of these User Terms or any other terms and policies these User Terms incorporate by reference; (iii) your violation, or any of your or passengers’ violation, of any law or the rights of any third party, including, but not limited to, any other guests or riders, the Local Service Provider’s Personnel, other motorists, or pedestrians; (iv) any harmful act committed by your or any of your passengers toward any other person, including any driver or other user of the Services, with whom you connected via the Services; (v) damage to any real or personal property resulting from your actions or omissions, or the actions or omissions of any of your passengers; (vi) any illegal or criminal activity by you, your passengers, or third parties in connection with the services; or (vii) any other activities in connection with the User Terms or Services. Your indemnification obligations shall apply regardless of the negligence of Executive Car or any other party. You will not, without Executive Car’s written consent, agree to any settlement on behalf of Executive Car which includes either the obligation to pay any monetary amounts, or admissions of liability, whether civil or criminal, on the part of Executive Car.

15. Force Majeure

Executive Car shall not be in breach of these User Terms nor liable for failure or delay in performing obligations under these User Terms if such failure or delay results from events, circumstances or causes beyond its reasonable control including (without limitation) natural disasters or acts of God; labor disputes or stoppages; war; government action; epidemic or pandemic; chemical or biological contamination; strikes; riots; acts of domestic or international terrorism; quarantines; national or regional emergencies; or any other cause, whether similar in kind to the foregoing or otherwise, beyond Executive Car’s reasonable control. All service dates under these User Terms affected by force majeure shall be tolled for the duration of such force majeure. The parties hereto hereby agree, when feasible, not to cancel but reschedule the pertinent obligations as soon as practicable after the force majeure condition ceases to exist.

16. Term and Termination

The User Terms, and any terms incorporated by reference, are effective upon you selecting “I agree” to these User Terms. The User Terms will remain in full force and effect while you use the Services. Executive Car may terminate these User Terms or deactivate your Account immediately if: (1) you no longer meet eligibility requirements; (2) Executive Car determines that account deactivation is necessary to protect the safety of the Executive Car community or third parties; or (3) any other reason Executive Car reasonably deems appropriate. If your account is deactivated, you will be notified and given an opportunity to resolve the issue before permanent termination. For other breaches of these Guest Terms, you will also receive notice and have a chance to address the breach. Certain provisions will continue to apply even after termination.

17. Choice of Law

These User Terms shall be governed by and construed in accordance with California law or in the state in which your dispute arises, without regard to the choice or conflict of law principles of any jurisdiction, except as may be otherwise provided in the agreement to arbitrate in Section 8 above. This choice of law provision applies only to the interpretation of these User Terms, and these provisions shall not be interpreted as generally extending any state’s law to you if your dispute did not arise in that state. Any dispute, claim, or controversy arising out of or relating to incidents or accidents excepted from the Arbitration Agreement above, or determined by a court of competent jurisdiction not to be subject to arbitration, whether before or after the date you agreed to these User Terms, shall be governed by and construed in accordance with the laws of the state in which the incident or accident occurred.

18. Choice of Forum

To the extent for any reason claims do not proceed in arbitration as provided by the agreement to arbitrate in Section 8, any dispute, claim, or controversy arising out of or relating to these User Terms or the existence, breach, termination, enforcement, interpretation or validity thereof, shall be brought exclusively in the state or federal courts of California which will have jurisdiction over the parties and subject matter. Notwithstanding the foregoing and to the extent for any reason claims do not proceed in arbitration as provided in the agreement to arbitrate in Section 8, or are not permitted to be maintained in a state or federal court in California, then any dispute, claim, or controversy arising out of or relating to incidents or accidents resulting in personal injury (including but not limited to sexual assault or harassment claims) that you allege occurred in connection with your use of the Services, whether before or after the date you agreed to these User Terms shall be brought exclusively in the state or federal courts in the state in which the incident or accident occurred to the extent permitted by law.

19. Severability

If any provision of these User Terms shall be held or made invalid by an arbitrator, court decision, California state law, statute or rule, or shall be otherwise rendered invalid, the remainder of this Agreement shall not be affected thereby.

20. Final Provisions

These User Terms, and any additional terms and policies incorporated by reference, constitute the entire agreement between Executive Car and the User for the Services. There are no collateral agreements. Should any part of these User Terms be found to be unenforceable, such portion shall be severed from these User Terms, and the remaining portions shall continue to be enforceable.