CAROL DRIVES TERMS AND CONDITIONS

1. General Terms and Conditions

These terms and conditions (“T&Cs”) are a contractual agreement (“AGREEMENT”) between our clients (“YOU”, “USER”, “DRIVER”, “RIDER”) and Carol Drives Inc., 7280 NW 7th St #106, Miami, FL 33126. (doing business as CAROL DRIVES), a Delaware Company (“CAROL DRIVES”, “WE”, “US”, “OUR”) regarding use of the CAROL DRIVES WEBSITE (“WEBSITE”) and CAROL DRIVES RIDE SHARE APP PLATFORM (“APP”), services provided to YOU by CAROL DRIVES (“SERVICES”) and the transactions carried out via the WEBSITE and APP (“PLATFORMS”). Please carefully review these T&Cs before purchasing SERVICES through CAROL DRIVES. These T&Cs may change periodically. YOUR continued use of the WEBSITE, APP and SERVICES after any revisions signifies YOUR acceptance of these changes.

YOUR use of OUR WEBSITE, APP and SERVICES provided by CAROL DRIVES is also governed by OUR Privacy Policy. These T&Cs and the Privacy Policy constitute the entire contractual agreement between CAROL DRIVES and YOU in relation to YOUR use of OUR WEBSITE, OUR APP and the SERVICES provided to YOU by CAROL DRIVES.

2. SERVICES Offered

CAROL DRIVES provides ridesharing technology services. This involves the facilitation of transportation services by matching DRIVERS and RIDERS via OUR PLATFORMS. These RIDER-USERS and DRIVER-USERS are also referred to as USERS. USERS are not CAROL DRIVES employees.

3. SERVICES not Offered

CAROL DRIVES is not a transportation carrier. WE neither offer nor provide transportation services. Rides offered, accepted, provided and taken by our USERS is at YOUR sole discretion. We do not mandate the provision or offering of transportation between DRIVERS and RIDERS. By acceptance of this AGREEMENT, YOU acknowledge CAROL DRIVES is not liable for damages or issues related to the transportation facilitated by OUR PLATFORMS.

4. USE of OUR SERVICES and PLATFORMS

With respect to our WEBSITE and APP, CAROL DRIVES’ ridesharing technology services include the following:

(a) Access to any link, page, file, image, form, or other content on our PLATFORMS,
(b) Access/use of any features of OUR PLATFORMS, and
(c) Contact with CAROL DRIVES through OUR PLATFORMS.

CAROL DRIVES reserves the right to block, terminate or suspend OUR SERVICES and/or your access to OUR PLATFORMS for any reason, at any time. Notice is not required. WE also reserve any right not expressed granted in this AGREEMENT. WE exercise our express rights and those not expressly granted herein in compliance with all applicable laws.

5. Permitted use of OUR SERVICES by YOU

As a USER of OUR PLATFORMS and SERVICES, you agree to the following:

(a) Users
USERS of OUR SERVICES must be of the legal age of consent to enter into a legally binding contract. Persons under the age of 18 may not use OUR SERVICES; their use is therefore prohibited.

(b) Personal Use
Use of OUR SERVICES is allowed solely for personal purposes. CAROL DRIVES must provide express written consent to allow use of OUR SERVICES for any commercial purposes; this is otherwise prohibited.

(c) Providing Identification
During RIDES that have been arranged with the assistance of OUR PLATFORMS, YOU understand that YOU may be asked to provide identification. YOU are not obligated to do so; however, either DRIVER or RIDER may terminate the ride for this or any reason.

(d) Conduct
While using the SERVICES of CAROL DRIVES when driving or riding, you agree to use the following conduct:
• No smoking,
• Respectful behavior and language with your DRIVER and RIDER,
• Exhibit legal and lawful behavior,
• Use of only one authentic USER account owned by you, and
• Refrain from conduct or activity that may be perceived as threatening, unsafe, harassing, or that may otherwise make your DRIVER and RIDER feel uncomfortable.

(e) Limited User License
YOU are granted a non-exclusive, non-assignable, non-transferable, revocable license to use OUR SERVICES as described and limited by this AGREEMENT. This is a personal use license and commercial purposes are prohibited. All applicable laws apply to this limited license.

(f) User Account Authenticity
You agree to provide only complete, accurate, truthful, up-to-date information in the creation of your RIDER and/or DRIVER accounts. Any changes must be disclosed in a timely manner. Failure to comply with this provision may result in termination of your USER account(s) and suspension from any further use of OUR SERVICES. C AROL DRIVES safeguards the personal information you provide to us in compliance with our Privacy Policy https://caroldrives.com/legal.

(g) Single Account
Each USER is permitted to create only one USER account. You agree to be the sole USER of your ACCOUNT. Assignment, transfer, or authorization to another person of your account or its use is prohibited. You further agree to inform CAROL DRIVES of any violation or unauthorized access and/or use of your ACCOUNT. WE reserve the right to terminate your account upon discovery of unauthorized use of your ACCOUNT, whether intentional or not.

6. Pricing, Payments, Tipping, Cancellations and Refund Policy

Creation of a USER ACCOUNT on OUR PLATFORMS to access and use ridesharing technology services requires that YOU provide payment information. YOU authorize US to charge your payment method with the creation of that USER ACCOUNT. Use of the ridesharing services that CAROL DRIVES facilitates will result in a charge applied to your provided payment method. All OUR SERVICE charges are processed via OUR PLATFORMS.

(a) Other Fees
Other charges may apply as well, such as the following:
• Surcharges
• Taxes
• Tolls
• Optional gratuities
• Fare price charges imposed by local, state or federal government or Carol Drives.

Additional fees not detailed herein shall be identified and notification of same communicated to YOU via email upon their initiation.

(b) Fare Charge
As a RIDER, the price of your fare is due immediately upon completion/termination of your ride. CAROL DRIVES will remit a digital receipt to the email address YOU provided in your USER ACCOUNT. It is your responsibility to ensure your ACCOUNT information remain up-to-date. WE are not responsible for non-delivery of your receipt due to your provision of inaccurate email contact information.

(c) Refund Policy and Cancellations
Ride fares for rides that are either completed or partially undertaken are non-refundable. If YOU order a ride, but submit a cancelation prior to the arrival of your DRIVER, WE may charge you a cancelation fee to compensate your DRIVER for time committed to embarking on the drive to your location. This fee is determined by a combination of applicable factors:
• Time elapsed between the request and the cancelation
• How often YOU have canceled ride requests previously
• Total number of your ride cancelations
• Other factors as determined by CAROL DRIVES

Note that any evidence of bad faith activity in ride cancelations with the intent to disrupt and/or harm OUR PLATFORMS will result in the termination of your access to OUR PLATFORMS and OUR SERVICES, and additional fee charges for said abuse.

(d) Wait Times
CAROL DRIVES endeavors to provide an accurate estimate of your approximate wait time when YOU request a RIDE. However, we make no guarantees regarding wait times or estimate accuracy. Real world factors that are out of our control may impact the time it takes for your DRIVER to arrive.

(e) Fare Prices
Rates are calculated automatically. They are determined via a combination of factors:
• Base price
• Distance
• Duration
• Geographic factors
• Environmental factors
• Supply and demand
• Regulatory and legal requirements
• Other applicable factors as required

CAROL DRIVES may change fare prices at our sole discretion, increasing or decreasing the rates we have set, and altering the means or methods WE use to calculate these rates. WE may provide rate estimates for your convenience, but these estimates do not guarantee YOU a set price. CAROL DRIVES does not guarantee the accuracy of any fare rate estimates.

(f) Gratuities
RIDERS may have the option of tipping their DRIVERS via OUR PLATFORM services. RIDERS are under no obligation to offer or provide a gratuity. CAROL DRIVERS takes no portion of gratuities. If YOU chose to tip your DRIVER, 100% of your gratuity is paid to the DRIVER.

(g) Damage
Any reported damage of a DRIVER vehicle by a RIDER shall be investigated by CAROL DRIVES. RIDERS may provide evidence defending against the damage claim. If YOU are found responsible for the reported damage, WE will assess the total cost and charge YOU for the damage.

(h) Third-party payment processing
Carol Drives uses a processing service provided by a third party to complete payment transactions on OUR PLATFORMS. We reserve the right to choose and replace this provider at our sole discretion.

(i) New Rider Payment Methods
If YOU change/submit a new payment method, CAROL DRIVES reserves the right to submit authorization for the new option you have submitted. While no charge is incurred during this authorization process, available credit on your account or available funds in your bank account may be temporarily reduced. CAROL DRIVES is not responsible for any NSF or overdraft fees that may occur due to this process. YOU agree that you will not hold CAROL DRIVES liable for any associated costs in this case.

7. Severability; No Waiver

Should any provision or clause detailed in these T&Cs be determined to be invalid, unenforceable, void or illegal under the law, present or future, for any reason, said provision or clause will be removed and deemed severable from these T&Cs without affecting the enforceability and validity of the remaining provisions or clauses herein. CAROL RIDES’ failure to enforce or exercise any provision or right of these T&Cs shall not be considered a waiver of said provision or right in that instance or any other instance.

8. Trademarks and Proprietary Materials

All service marks, trademarks, logos, graphics and trade names of CAROL DRIVES used and displayed on OUR PLATFORMS are registered or common law trademarks of CAROL DRIVES. Content on OUR PLATFORMS, to include, but not limited to software, videos, text, images, audio, titles, names, characters, and illustrations (“PROPRIETARY MATERIALS”) are protected intellectual property controlled or owned by CAROL DRIVES or third parties who have transferred use and rights to US.

9. Limitation of Liability; Representation and Disclaimers

CAROL DRIVES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR LOSSES RESULTING FROM THE USE OR MISUSE OF THE SERVICES PROVIDED BY CAROL DRIVES, NOR FROM AN INABILITY TO SECURE RIDES. OUR SERVICES ARE PROVIDED “AS AVAILABLE” AND “AS IS.” YOU ASSUME ALL RISK AND RESPONSIBILITY FOR THE USE OF THE SERVICES PROVIDED BY CAROL DRIVES. CAROL DRIVES DOES NOT WARRANTY OR GUARANTEE ANY SPECIFIC RESULTS, NOR FITNESS FOR ANY PARTICULAR PURPOSE. THERE ARE NO PROMISES OR GUARANTEES, IMPLIED OR EXPRESS, THAT ARE NOT SET OUT IN THIS AGREEMENT.

CAROL DRIVES DOES NOT GUARANTEE OR MAKE REPRESENTATION OF ANY TYPE REGARDING THE QUALITY, RELIABILITY, SUITABILITY, TIMELINESS, OR AVAILABILITY OF ANY SERVICES PROVIDED BY CAROL DRIVES. THERE IS NO EXPRESS OR IMPLIED WARRANTY OR GUARANTEE THAT SERVICES PROVIDE BY CAROL DRIVES WILL BE SAFE, ERROR-FREE, OR UNINTERRUPTED.

THE RESPONSIBILITY IS SOLELY THAT OF THE USER TO DETERMINE WHETHER YOUR EXPECTATIONS AND REQUESTS WILL BE FULFILLED BY YOUR MATCHED RIDER AND/OR DRIVER. YOU ASSUME THE RISK OF USE OF OUR SERVICES, TO THE MAXIMUM EXTENT ALLOWED UNDER APPLICABLE LAW.

10. Indemnification

YOU agree to hold Carol Drives harmless and to indemnify Carol Drives, its officers, directors, partners, employees, and agents harmless from and against any and all losses, claims, causes, liability, costs, damages, debt and expenses incurred in relation to or as a result of: (a) These T&C’s and/or any breach by YOU;
(b) YOUR use of the WEBSITE, APP, or any SERVICES provided by CAROL DRIVES; or
(c) Any unlawful, unacceptable or objectionable use of the WEBSITE, APP or any services provided by CAROL DRIVES.

11. Privacy Policy

CAROL DRIVES’ current Privacy Policy can be found at https://caroldrives.com/legal and is incorporated as referenced within these T&Cs. Please review this privacy policy. YOUR use of OUR services, OUR WEBSITE, OUR APP and OUR use of the information YOU provide to CAROL DRIVES is governed by this policy. This policy may be revised periodically. Please be advised that law or a court order may require CAROL DRIVES to disclose YOUR information to law enforcement, government authorities or to third parties. Continued use of this WEBSITE, OUR APP and/or acceptance of services offered by CAROL DRIVES signifies YOUR permission to disclose said information at CAROL DRIVES’ sole discretion, as WE see necessary and suitable.