These Terms of Use ("Terms") govern the access or use by you, an individual, from within the United States and its territories and possessions of applications, websites, content, products, and services (the "Services") made available in the United States and its territories and possessions by MOOVN TECHNOLOGIES, LLC and its subsidiaries and affiliates (collectively, "MOOVN"). PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES. In these Terms, the words "including" and "include" mean "including, but not limited to." Your access and use of the Services constitutes your agreement to be bound by these Terms, which establishes a contractual relationship between you and MOOVN. If you do not agree to these Terms, you may not access or use the Services. These Terms expressly supersede prior agreements or arrangements with you. MOOVN may immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason. Supplemental terms may apply to certain 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 Service(s). Supplemental terms are in addition to, and shall be deemed a part of, the Terms for the purposes of the applicable Service(s). Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable Services. MOOVN may amend the Terms related to the Services from time to time. Amendments will be effective upon MOOVN's posting of such updated Terms at this location or the amended policies or supplemental terms on the applicable Service(s). Your continued access or use of the Services after such posting constitutes your consent to be bound by the Terms, as amended.
The Services constitute a technology platform that enables users of MOOVN's mobile applications or websites provided as part of the Services (each, an "Application") to arrange and schedule transportation and/or logistics services with third party providers of such services, including independent third party transportation providers and third party logistics providers under agreement with MOOVN or certain of MOOVN's affiliates ("Third Party Providers"). Unless otherwise agreed by MOOVN in a separate written agreement with you, the Services are made available solely for your personal, noncommercial use. YOU ACKNOWLEDGE THAT MOOVN DOES NOT PROVIDE TRANSPORTATION OR LOGISTICS SERVICES OR FUNCTION AS A TRANSPORTATION CARRIER. MOOVN DOES NOT PROVIDE TRANSPORTATION SERVICES, AND MOOVN IS NOT A TRANSPORTATION CARRIER. IT IS UP TO THE DRIVER TO DECIDE WHETHER OR NOT TO OFFER A RIDE TO A RIDER CONTACTED THROUGH THE MOOVN SERVICES, AND IT IS UP TO THE RIDER TO DECIDE WHETHER OR NOT TO ACCEPT A RIDE FROM ANY DRIVER CONTACTED THROUGH MOOVN. ANY DECISION BY A USER TO OFFER OR ACCEPT SERVICES ONCE SUCH USER IS MATCHED THROUGH MOOVN IS A DECISION MADE IN SUCH USER’S SOLE DISCRETION. EACH TRANSPORTATION SERVICE PROVIDED BY A DRIVER TO A RIDER SHALL CONSTITUTE A SEPARATE AGREEMENT BETWEEN SUCH PERSONS.
Subject to your compliance with these Terms, MOOVN grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferrable license to:
(i) access and use the Applications on your personal device solely in connection with your use of the Services; and (ii) access and use any content, information and related materials that may be made available through the Services, in each case solely for your personal, noncommercial use. Any rights not expressly granted herein are reserved by MOOVN and MOOVN's licensors.
You may not:
(i) remove any copyright, trademark or other proprietary notices from any portion of the Services;
(ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by MOOVN;
(iii) decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law;
(iv) link to, mirror or frame any portion of the Services;
(v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or
(vi) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.
The Services may be made available or accessed in connection with third party services and content (including advertising) that MOOVN 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. MOOVN does not endorse such third party services and content and in no event shall MOOVN be responsible or liable for any products or services of such third party providers. Additionally, Apple Inc., Google, Inc., Microsoft Corporation or BlackBerry Limited will be a third-party beneficiary to this contract if you access the Services using Applications developed for Apple iOS, Android, Microsoft Windows, or Blackberry-powered mobile devices, respectively. These third party beneficiaries are not parties to this contract and are not responsible for the provision or support of the Services in any manner. Your access to the Services using these devices is subject to terms set forth in the applicable third party beneficiary's terms of service.
The Services and all rights therein are and shall remain MOOVN's property or the property of MOOVN's licensors. Neither these Terms nor your use of the Services convey or grant to you any rights:
(i) in or related to the Services except for the limited license granted above; or
(ii) to use or reference in any manner MOOVN's company names, logos, product and service names, trademarks or services marks or those of MOOVN's licensors.
In order to use most aspects of the Services, you must register for and maintain an active personal user Services account ("Account"). MOOVN requires all Users under the age of 18 to obtain parent, or guardian, authorization to create an Account and to use MOOVN Services. Account registration requires you to submit to MOOVN 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 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 Services or MOOVN's termination of this Agreement with you. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by MOOVN in writing, you may only possess one Account.
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 Services, and you may only use the Services for lawful purposes (e.g., no transport of unlawful or hazardous materials). You will not in your use of the 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 Services, and you agree that you may be denied access to or use of the Services if you refuse to provide proof of identity. In addition to the actions stated in the prior section, with respect to your use of your Account and your participation in the MOOVN Services, you agree that you will not (the list of activities is not exclusive): Stalk, threaten, or otherwise harass any person, or carry any weapons; Viate any law, statute, ordinance or regulation; Interfere with or disrupt the Services or the MOOVN Platform or the servers or networks connected to MOOVN services; Forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through MOOVN; “Frame” or “mirror” any part of MOOVN, 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; Rent, lease, lend, sell, redistribute, license or sublicense the MOOVN Platform or access to any portion of the MOOVN Platform Create liability for us or cause us to become subject to regulation as a transportation carrier or provider of taxi service; or Cause any third party to engage in the restricted activities above.
We reserve the right, but we have no obligation, to suspend or deactivate your Account if you do not comply with these prohibitions.