Terms of Service : Blink Mobility

Envoy Mobility, Inc. (formerly Blink Mobility, LLC), a Blink Charging Company

Version: March 20, 2024

GENERAL TERMS & CONDITIONS FOR ACCESS TO AND USE OF THE ENVOY MOBILITY SERVICE (“TERMS AND CONDITIONS”) THESE TERMS APPLY ONLY TO INDIVIDUAL AND SINGLE USER MEMBERS OF THE ENVOY MOBILITY SERVICE

These Terms and Conditions with the schedules and attachments hereto, including the Rate Offer, together with the Membership details, as well as the legally binding Envoy Network terms and conditions, the Privacy Policy, and the User Guide, form the Contract (hereinafter collectively referred to as the “Contract”) between the Member (“You” or “Member” or “Your”) and Envoy Mobility (“Envoy Mobility” or “We” or “Us”) and define the Member’s and Envoy Mobility’s respective rights and obligations.

Envoy Mobility generally permits its Members (as hereinafter defined), as further detailed and limited by the Contract, the ability to use and operate:

(a) self-service electric vehicles supplied by Envoy Mobility (“Envoy Mobility Cars”);

(b) the recharging site (“Envoy Mobility Stations”), including parking locations for such Envoy Mobility Cars (“Envoy Mobility Parking Space”);

(d) the technology software platform (including the smartphone app) and all updates, upgrades, patches, or new versions thereof (“Software”) that facilitates the operation of all of the foregoing, collectively referred to as the “Envoy Mobility Services.”

BY SELECTING AND CONFIRMING YOUR ACCEPTANCE WHERE INDICATED, YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ, UNDERSTOOD, AND CONSENT TO BE BOUND BY ALL OF THE TERMS, CONDITIONS, PROVISIONS, AND NOTICES CONTAINED HEREIN, ALONG WITH ALL ATTACHMENTS, INCLUDING THE RATE OFFER, AS WELL AS THE MEMBERSHIP DETAILS, AND THE AUTOMATIC RENEWAL OF YOUR MEMBERSHIP JUST AS IF YOU HAVE SIGNED THIS CONTRACT.

BY SELECTING AND CONFIRMING YOUR ACCEPTANCE WHERE INDICATED, YOU ALSO AGREE THAT YOU HAVE READ AND ACCEPT THE USER GUIDE LOCATED ON THE ENVOY MOBILITY WEBSITE AND/OR ENVOY MOBILITY MOBILE APP, WHICH ARE CONSIDERED PART OF THESE TERMS AND CONDITIONS, AND YOU AGREE TO COMPLY WITH SUCH USER GUIDE.

THESE TERMS AND CONDITIONS CONTAIN, AMONG OTHER THINGS, IMPORTANT INFORMATION RELATING TO THE RATE OFFER, USE OF THE ENVOY MOBILITY SERVICE, THE AUTO INSURANCE SUPPLIED, LIMITATIONS ON ENVOY MOBILITY’S LIABILITY, MEMBER’S OBLIGATION TO COMPENSATE ENVOY MOBILITY FOR VARIOUS BREACHES OF THIS CONTRACT, AND AUTOMATIC RENEWAL OF MEMBERSHIP.

THE LEGALLY BINDING DOCUMENTS, IN ORDER OF PRIORITY, ARE THESE TERMS AND CONDITIONS, THE ENVOY NETWORK TERMS AND CONDITIONS, THE PRIVACY POLICY, THE USER GUIDE, AND OTHER DOCUMENTS THAT MIGHT BE ADDED BY ENVOY MOBILITY.

DEFINITIONS

Additional Fee means the additional fees payable by You to Envoy Mobility that become due where indicated in these Terms and Conditions. Schedule 1 sets out the instances in which Additional Fees are due and the amounts payable for each instance.

Applicable Laws means all laws, regulations, rules, ordinances, and other mandatory requirements applicable to Your use of the Envoy Mobility Services, including, without limitation, all road traffic and parking regulations in force in California and Los Angeles.

Envoy Mobility means Envoy Mobility, Inc., a Nevada corporation.

Envoy Mobility Car means all the equipment and accessories present in and provided with an Envoy Mobility Car including Onboard Documents.

Envoy Mobility App means the mobile application operated by Envoy Mobility which allows Members full access to Envoy Mobility service. Some features of the Envoy Mobility service may be available only on the Envoy Mobility App and not on the Envoy Mobility Website.

Blink Mobility Zone means Los Angeles, Ventura, and Orange Counties.

Completely Unavailable means the Envoy Mobility Service is completely unavailable for use. For the avoidance of doubt, the unavailability of an Envoy Mobility Car or Envoy Mobility Parking Space at a particular location shall not mean that the Envoy Mobility Service is completely unavailable for use.

Community Membership means the special type of Envoy Mobility Membership with discounted rates available to low-income customers as further detailed in these Terms and Conditions and in Schedule 1 attached to these Terms and Conditions.

Customer Relations Center or CRC means the Envoy Mobility information and help center, which operates twenty-four (24) hours per day, seven (7) days per week, and which can be reached by phone at the Customer Relations Center phone number listed on the Envoy Mobility Website and Envoy Mobility App. The Customer Relations Center is available to Members and non-Members for processing their requests for information with respect to the Envoy Mobility Services (such as general information, Membership, account information, and claims). Calls between a Member and CRC may be recorded for training purposes, as well as for investigating claims, incidents, and accidents. You consent to your calls to CRC being recorded by accepting these Terms and Conditions.

Insurance Coverage means the limited insurance policy provided by a third-party Insurer to Envoy Mobility, which covers You up to certain limits when You use an Envoy Mobility Car or Envoy Mobility Service as more fully described in Section 8 of these Terms and Conditions.

Insurer means the insurer who issued the Insurance Coverage.

Member means a person, to the exclusion of legal entities, who has subscribed to and is permitted to use the Envoy Mobility Service in accordance with this Contract.

Member’s Account means the online space within the Envoy Mobility Mobile App, accessible by You following log-in, from which You can manage personal information including Your payment information, pay your bills, review statements and invoices, view Your trip history and any informational messages from Envoy Mobility.

Membership means the amount due for the type of Membership selected by You during the Membership application Fee process as set out in the Rate Offer in Schedule 1.

Onboard Documents means the vehicle registration and applicable certificate of insurance, collectively.

Penalty means the sum due and payable by You to Envoy Mobility for certain violations, acts, or omissions or other failures to comply with the terms of this Contract that become due where indicated in these Terms and Conditions, and “Penalties” shall be construed accordingly. The instances in which Penalties are due and the amounts payable for each Penalty are set out in Schedule 1.

Personal Data means data, whether true or not, about an individual who can be identified: (a) from the data alone; or (b) from that data and other information that Envoy Mobility has or is likely to have access to.

Rate Offer means those charges applicable to the Membership listed in Schedule 1.

Sharing Fee means the fee payable by You to Envoy Mobility for your use of the Envoy Mobility Car during Your Booking Period, which is calculated in accordance with the type of Membership selected by a Member during the Membership application process as set out in Schedule 1 below, with a minimum duration of one hour being applicable.

Booking Period means the period starting from Your confirmation of your Booking in the Envoy Mobility App and ending only after You (i) plug the Envoy Mobility Car into the Charging Point, (ii) select to lock the Car, and (iii) select to end your use of the Envoy Mobility Car in the Envoy Mobility App. A detailed description of the collection and return procedure is set out in the User Guide.

ELIGIBILITY FOR MEMBERSHIP

2.1 You are eligible to apply for an Envoy Mobility Membership if You meet the following criteria (“Eligibility Criteria”):

2.1.1 You must be at least eighteen (18) years of age.

2.1.2 You must provide a photo of yourself and (a) a valid California Class C driver’s license, (b) a valid out-of-state U.S. driver’s license that would legally authorize you to drive under the laws of the State of California.

2.1.3 You hold a valid credit or debit card in Your own name accepted by Envoy Mobility and a bank account in Your own name with the authority to set up direct debit payments, for the entire duration of Your Contract and to allow automatic renewal.

2.1.4 You do not owe any money to Envoy Mobility.

2.1.5 You must certify that You have the mental and physical capacity to competently, safely, and lawfully operate a motor vehicle.

2.1.6 Acceptable Foreign License Proof. Envoy Mobility accepts drivers with non-US drivers’ licenses based on Eligibility Criteria including criteria set by CA law, which can be evidenced by proof of acceptable foreign license.

2.2 Envoy Mobility Community Membership is available to qualifying low-income individuals at the discounted rates as detailed in Schedule 1. To qualify for the Community Membership, you must upload proof of income or proof of Your participation in one of the qualifying public assistance programs as detailed in Schedule 1, at the time of Your registration. Thereafter, you will be required to upload the qualifying documents annually to ensure Your continued eligibility. Envoy Mobility reserves the right to modify the low-income eligibility requirements, including the list of qualifying public assistance programs at any time without notice.

2.3 If You meet the Eligibility Criteria, you can apply to become a Member by:

2.3.1 Completing the Membership application process on the Envoy Mobility Mobile App

2.3.2 Paying the first installment of the Membership fee, if any, using a valid bank-issued debit card or major credit card (the “Payment Card”); pre-paid gift card or credit cards are not accepted.

2.3.3 Setting up a direct debit authorization that authorizes Envoy Mobility to withdraw, when they become due, all future installments of the Membership fees corresponding with Your selected Membership type, all Booking Fees due, all surcharges, tolls (including, without limitation, any FasTrak charges), fines and tickets issued against the Envoy Mobility Car during any Booking Period, any Additional Fees, Penalties and damage charges that may become due, the reasonable expenses incurred by Envoy Mobility in recovering any amounts due from the Member (including legal expenses or fees or the use of third parties to collect any Fees owed by the Member to Envoy Mobility, and any late payment interests due (collectively referred to as “ Fees ”) chargeable from Your bank account;

2.3.4 Authorizing Envoy Mobility to pre-authorize the applicable Membership fees on Your Payment Card for the security deposit in accordance with section 6.1.

2.4 You authorize Envoy Mobility, at any time, to verify the status of Your driving license. Holders of an expired, suspended, cancelled, withdrawn, restricted, or otherwise invalid driving license or whose driving license has been lost or stolen are not eligible to register for the Membership. If at any time during the Membership, You lose your driving license, or the Member’s driving license is stolen, expires or is suspended, cancelled, withdrawn, restricted, otherwise becomes invalid or ceases to meet the Eligibility Criteria, the Member must notify the Customer Relations Center as soon as possible. Envoy Mobility reserves the right to suspend or terminate Membership of any person whose driving license has become invalid during the Membership. Members who drive Envoy Mobility Cars without a valid license will not be eligible for Insurance Coverage and will be liable for all damages arising out of their use of the Envoy Mobility Cars or Services.

2.5 You authorize Envoy Mobility to verify Your driving record at any time. Envoy Mobility reserves the right to deny Membership to any person based on the content of that person’s driving record, including without limitation, arrests or charges in relation to vehicle operation, including those that have yet to be fully adjudicated or did not result in a charge or prosecution.

2.6 You authorize Envoy Mobility, at any time, to check Your credit and/or other equivalent data sources that identify any risk associated with provision of any Envoy Mobility Services to You. Based upon the results of such inquiries, we may decline to provide Envoy Mobility Services to You, or cease providing Envoy Mobility Services already underway.

2.7 You acknowledge and agree that meeting the Eligibility Criteria does not automatically entitle You to become a Member or to use the Envoy Mobility Services, and approval of Your application to become a Member is at Envoy Mobility’s sole discretion. Such approval may be subject to additional criteria imposed by either Envoy Mobility or its insurers, from time to time. Envoy Mobility will notify You of its approval or rejection of your Membership application via SMS or email.

2.8 Envoy Mobility will retain the first installment fee as administrative charges if it rejects your Membership application.

2.9 IF YOU OVERDRAW YOUR ACCOUNT AFTER ENROLLMENT, WE ARE NOT LIABLE FOR OVERDRAFT CHARGES OR FOR ANY OTHER LOSSES OR LIABILITIES THAT YOU MAY INCUR AS A RESULT. IF THE AUTHORIZATION OBTAINED AT ENROLLMENT EXCEEDS THE ACTUAL CHARGES INCURRED IN RELATION TO THESE TERMS AND CONDITIONS, THERE MAY BE A DELAY BETWEEN THE TIME THAT THE CHARGES ARE RECEIVED BY YOUR CARD ISSUER AND THE TIME THAT THE CARD ISSUER RELEASES THE FUNDS. WE MAY AUDIT ALL CHARGES WE ASSESS AND IF ERRORS ARE FOUND, YOU WILL PAY THE CORRECTED CHARGES. YOU AUTHORIZE US TO CORRECT ALL CHARGES WITH THE CARD ISSUER.

MEMBERSHIP

3.1 When You apply for Membership, You are required to select Your Membership type from the options set out in Schedule 1 of these Terms and Conditions.

3.2 You are only permitted to have one Membership at a time and any application for a simultaneous Membership will be null and void.

3.3 “Membership Date” means the date selected by Envoy Mobility when each of the following has been accomplished:

3.4 You have agreed to these Terms and Conditions and selected Membership type with the corresponding charges set out in the Rate Offer in Schedule 1.

3.5 Envoy Mobility has received and approved all the required documentation for Membership.

3.6 The amount of Membership fees due to finalize the application has been received by Envoy Mobility.

3.7 Your Membership will start on the Membership Date and will automatically renew each month, on the same day of the month as the Membership Date (“Renewal Date”), unless terminated by either You or us, as per the terms outlined in the Contract.

3.8 If you wish to cancel Your Membership, you must select the option to cancel Membership under the “My Profile” option on the App or contact the Customer Support Center with your request to cancel your Membership. Your Membership will terminate automatically upon the submission of your cancelation request, effective immediately. Unless You cancel Your Membership in accordance with this section, a new Membership fee will become due on the Renewal Date.

3.9 The Contract will commence on the Membership Date and continue until terminated by either Member or Envoy Mobility in accordance with Section 3 of these Terms and Conditions.

3.10 Your Membership is personal to You and is non-transferable. You must not, under any circumstances, permit any other person to use the Envoy Mobility Service under Your Membership. Permitting a third party to use your Membership may result in:

(a) loss of insurance coverage and you being held responsible for any loss or damages occurring out of the third party’s use of your Membership; and

(b) immediate revocation of your Membership.

3.11 Future Changes. By using our services, you agree to be bound by the terms and conditions as updated from time to time. We reserve the right to modify, amend, or update these terms and conditions at our discretion without prior notice. It is Your responsibility to review these terms periodically for any changes. Your continued use of our services following the posting of any amendments to these terms constitutes acceptance of those changes.

3.12 Notice to Members of any amendments will be delivered through the email address listed on the Members’ Account, and the delivery date will be the date on which such amendment was emailed.

3.13 Termination/Suspension for Cause: Envoy Mobility, in its sole discretion, may terminate permanently, or temporarily suspend Your Membership and the Contract with immediate effect by giving You a written notice upon the occurrence of the following events:

where an Additional Fee or Penalty becomes payable in any of the circumstances set out in Schedule 1;
if You do not pay any Fees due to Envoy Mobility within 30 days of receipt of a formal notice sent to You by Envoy Mobility informing You that such Fees are outstanding. Envoy Mobility may send this notice via email, by text message, or by an alert in Your Member Account. Any termination under this Section does not affect Envoy Mobility’s right to charge the late payment interest on any outstanding amounts;
if You materially breach the Contract. However, we may elect to provide You with a fourteen (14) calendar days grace period to remedy the identified issue/s before proceeding to termination;
if You are involved in an accident involving an Envoy Mobility Car that leads Envoy Mobility to reasonably conclude that You are not suitable for continuing Membership;
If You fail to remain with a broken-down Envoy Mobility Car following an accident or similar incident until repair services arrive (where there are no injuries, and it is safe to do so);
if You engage in any activity or conduct that Envoy Mobility determines to be inappropriate, negligent, unacceptable, offensive, or abusive;
if You cease to fulfill any of the Eligibility Criteria;
if You intentionally or recklessly make any false or misleading statement to Envoy Mobility;
if You permit any other person (other than an Envoy Mobility representative) to drive an Envoy Mobility Car during Your Sharing Period.

3.14 Envoy Mobility may, at its sole discretion, terminate, or suspend Your Membership without cause, and Your future use of any Envoy Mobility Services may be denied. Please refer to Schedule 1 for further details on this.

3.15 If Envoy Mobility terminates or suspends Your Membership for cause, Envoy Mobility will not reimburse any funds to You. Following such suspension or termination, You will remain responsible for unpaid Membership fees and other amounts due for the remainder of the previously purchased Membership Period, as well as outstanding amounts arising from any other obligation that these Terms and Conditions impose.

3.16 Termination/Suspension without Cause: Envoy Mobility may terminate or suspend any Envoy Mobility Membership or deny your future application or use of any Envoy Mobility services at any time, for any reason whatsoever. In the event that Envoy Mobility terminates Your Membership pursuant to this section, Envoy Mobility’s sole and exclusive responsibility is to reimburse, within thirty (30) business days from the termination date, a prorated amount of any remining Membership for which payment has already been made.

USE OF ENVOY MOBILITY SERVICE

ALL ENVOY MOBILITY CARS MAY BE EQUIPPED WITH AUDIO AND VIDEO RECORDING DEVICES, BY UTILIZING THE ENVOY MOBILITY SERVICE, YOU EXPRESSLY ACKNOWLEDGE AND CONSENT TO ENVOY MOBILITY’S AUDIO AND VIDEO RECORDING OF YOUR ENTIRE TRIP WITH ENVOY MOBILITY.

4.1 Using Envoy Mobility Cars:

4.1.1 As part of the Envoy Mobility Service, a Member can use an Envoy Mobility car at the place where the trip originated. You will be asked to select the use Package you desire.

4.1.2 Your Booking begins after an Envoy Mobility Car has been selected and you have chosen your Package.

4.2 Usage Packages. Envoy Mobility is offering different regular Usage Packages on Envoy Mobility App, and from time to time, Envoy Mobility may offer special Promotional Usage Packages to Members inviting to take advantage of a Booking Package by using an Envoy Mobility car for a certain period of time at a discounted pre-set price. The Envoy Mobility App will display a choice of Packages, depending on the availability. To take advantage of the Usage Package, Members will have to confirm their selection and accept the price and terms, thereby reaffirming their acceptance of and compliance with these Terms and Conditions. More details about Usage Packages are stated in Schedule 1.

4.3 Starting a Booking session from the Envoy Mobility App. Members will be able to start their Booking session from the Envoy Mobility App directly. You will select “Use” and “Confirm” to begin your Booking. Once the Booking is confirmed, a billing grace period will be granted to You for completion of the vehicle inspection. Upon expiration of the grace period, billing will begin for the Booking. If You start the Car before the expiration of the grace period, your billing will initiate from the moment the Car is started, rather than from the end of the grace period. Please note: Every time you initiate your Booking through the Envoy Mobility App, you emphatically reaffirm your acceptance of and commitment to abide by these Terms and Conditions.

4.4 The maximum Booking period allowed is 12 hours. If Your Booking period exceeds twelve (12) hours, You must immediately return the Envoy Mobility Car to the nearest Charging Station.

4.5 Restrictions on Use:

4.5.1 You must operate Envoy Mobility Cars responsibly and with all due care and attention.

4.5.2 You must always comply with all Applicable Law, rules, regulations, policies, and restrictions relating to Your use of Envoy Mobility Cars.

4.5.3 You must complete an exterior and interior inspection of the Envoy Mobility Car before departing the Envoy Mobility Station. If the Envoy Mobility Car is damaged or unclean, or if any of the Car’s Accessories and Onboard Documents are missing, You must report the damage via the Envoy Mobility App during the exterior and interior inspection process before starting the Car. Failure to report damage, uncleanliness or missing items prior to departure from the Envoy Mobility Station will result in You being charged a Penalty in respect of such damage or uncleanliness or missing items.

4.5.4 You must take all reasonable care of the Envoy Mobility Car. Excluding ordinary wear and tear, You must return the Envoy Mobility Car to us in the same condition as when You received it.

4.5.6 You are required to maintain the cleanliness of the Envoy Mobility Car. When returning an Envoy Mobility Car, you are responsible for removing all trash and personal belongings and leaving the Car in a clean condition for the next user. Envoy Mobility shall not be responsible for any loss of your personal belongings in the event that you fail to remove such belongings prior to returning the Envoy Mobility Car.

4.5.7 Whenever accessing or using the Envoy Mobility Service, You shall carry a valid driving license or other certification permitting You to drive a car in California as described in these Terms and Conditions. You agree to verify the information on your account by presenting a valid ID when requested by Us.

4.5.8 You must ensure that the Envoy Mobility Car remains locked, secure, and parked in a safe location when it is not being driven with all windows fully shut and the trunk and/or frunk closed.

4.5.9 If Your vehicle becomes missing or is stolen during your active Booking, You must immediately contact Envoy Mobility Customer Service at 1(888) 998-2546 ext. 4., Do not report the missing/stolen vehicle to the police unless authorized by a Envoy Mobility representative.

4.5.10 You may not access or operate an Envoy Mobility Car or allow anyone to access or operate it:

(a) if an Envoy Mobility Car’s battery state of charge falls below twenty percent (20%) or 50 miles range.

No Booking should exceed 12 hours. The vehicle’s permitted use is limited to the recorded range at the start of the Booking unless a vehicle charge event occurs during the use of the vehicle;

(b) outside of the Envoy Mobility Zone;

(e) while engaging in any activity that would cause an Envoy Mobility Car’s interior to become soiled, wet, smelly or otherwise uncomfortable for the next user;

(f) to transport passengers or goods for a fee (usage as such will not be covered by insurance at this time)

(g) to act as a courier;

(h) to be operated by anyone other than You whether or not for a fee;

(i) as a for-hire vehicle as part of a transportation network company or any other for-hire or commercial purposes;

(j) so as to be pushed or pulled for any reason whatsoever;

(k) to tow or push any vehicle, trailer, or any other object;

(l) outside normally maintained paved roadways or roadways suitable for an Envoy Mobility Car;

(m) to attach any items to an Envoy Mobility Car’s exterior;

(n) while placing any Advertising outside or within an Envoy Mobility Car

“Advertising” includes but is not limited to any language, shape, and/or image intended to inform the public or attract their attention, whether commercial, informational (private or commercial), cultural, or political;

(o) to transport objects or substances (not limited to hazardous, flammable, corrosive, toxic, explosive, ionizing, or combustible materials) that, due to their nature or odor, may damage an Envoy Mobility Car and/or delay the ability to make an Envoy Mobility Car available again or otherwise could create a hazardous situation for Yourself or others;

(p) to participate in automobile races, rallies, trials, or any other competitive event;

(q) in violation of traffic laws or other laws and regulations, including through toll, car pool, or fast track lanes without complying with applicable payment and other requirements;

(r) when an Envoy Mobility Car is loaded beyond the manufacturer’s stated passenger and cargo capacity

Envoy Mobility Cars are designed only to support (i) up to five passengers, including the driver, and (ii) a load that should not exceed 850 pounds of total weight from passengers and cargo. Overloading the car may inhibit its safe or normal function;

(s) when suffering from excess fatigue;

(t) when under the influence of alcohol, drugs, medication, or any other legal or illegal substance that might alter or impair Your ability to safely and lawfully operate an Envoy Mobility Car;

(u) while smoking, eating, drinking, or illegally using drugs in an Envoy Mobility Car;

(v) for any illegal purpose or for the commission of any crime, including the illegal conveyance of persons, drugs or contraband, or weapons;

(w) to destroy, damage, or aid in the theft of an Envoy Mobility Car;

(x) to disassemble, service, or repair, any Envoy Mobility Car or access any internal mechanical or electric component within an Envoy Mobility Car;

(y) if an Envoy Mobility Car has been obtained by fraud or misrepresentation; and

(z) if You are in violation of any of these Terms and Conditions.

Your failure to comply with these Terms and Conditions will give rise to Your full indemnification of Envoy Mobility for any resulting harm or damage that may occur.

4.5.11 Chevy Bolt EVs (2017-2022) and Bolt EUVs (2022) are subject to periodic recalls from the manufacturer, General Motors (“GM”). Accordingly, when using an Envoy Mobility Car, You must follow any applicable battery recall guidelines set forth in the most current guidelines from GM available here: https://www.chevrolet.com/electric/bolt-recall#news

4.5.12 Maintaining the Envoy Mobility’s Car’s battery charge above 20% or 50 miles is a critical requirement. If the battery level falls under 20% or 50 miles during Your Booking period, you must call Customer Service for instructions on how to terminate the Booking. If the battery level falls below 10% or 25 miles, Envoy Mobility reserves the right to manually end Your Booking session and retrieve the vehicle.

4.5.13 At the time of registering for Envoy Mobility Membership, You will be asked to provide your mobile phone number. By providing Your mobile phone number to Envoy Mobility, You agree and acknowledge that Envoy Mobility may send text messages to Your mobile phone number for any purpose, including receiving updates from our Customer Service or for marketing purposes. You agree that these text messages may be regarding the products and/or services that You have previously purchased as well as other products and/or services by Envoy Mobility, including products or services of its partners and vendors. You acknowledge that this consent may be revoked at Your request but that until such consent is revoked, You consent to receive text messages from Envoy Mobility and/or its partners and vendors on your mobile number.

PAYMENT OF FEES

5.1 In order to enroll in the Envoy Mobility service, You must provide a valid Payment Card that (i) has been issued to You; (ii) has an expiration date at least fourteen (14) calendar days following the conclusion of the Membership Period for the Membership type that You selected; and (iii) unless prohibited by law, You have authorized, and hereby do authorize, Envoy Mobility to charge the Payment Card for all Fees due to Envoy Mobility as specified in these Terms and Conditions even after the expiration of Your Membership.

5.2 As a condition to, and in consideration of, Your enrollment with Envoy Mobility, You agree to pay all Fees if and when they become due, and unless prohibited by law, You authorize Envoy Mobility to charge Your Payment Card for all Fees.

5.3 You agree that You presently are and will in the future remain current with Your payment obligations to Envoy Mobility even after the Membership is terminated and that Envoy Mobility may charge Your Payment Card for any outstanding Fees, including after Your Membership Period has expired.

5.4 You may access all invoices via the App by selecting Trip History. You may request hard copies of invoices for an Additional Fee.

5.5 You are required to stay with a broken-down Envoy Mobility Car resulting from or arising out of an accident or incident until repair and/or towing services arrive (where there are no injuries and it is safe to do so).

5.6 You must update Your contact and other account information (including the Member’s payment information) on the Member Account whenever it changes so that information available to Envoy Mobility is up to date throughout the entire duration of the Contract, and in particular before You Book an Envoy Mobility Car.

5.7 If Your current Payment Card is canceled during the term of this Contract, You must update Your Payment Card details via the Member Account on the Envoy Mobility Website immediately upon cancellation of Your current Payment Card. For Payment Cards due to expire, this update must take place at least fourteen (14) calendar days prior to the expiration date and in any event, no later than upon receipt of the new Payment Card.

5.8 You shall ensure that there are sufficient funds in Your bank account for payment of the Membership Fee, Vehicle Usage Fees, Additional Fees, Penalties and/or any other amounts that might be due to Envoy Mobility under this Contract and shall provide Envoy Mobility with an alternative method of payment if such funds are not available or if Your Payment Card is canceled by You or Your bank.

5.9 If we are unable to withdraw funds from Your account, We will notify You . We may make a second and third attempt to withdraw funds from Your account if the event of a failed first attempt. We may suspend Your Membership after the second failed attempt to withdraw funds from Your account until You have provided us with up-to-date payment information and paid us any monies owed to us. We will always let You know when we suspend Your Membership. You will also be charged an Additional Fee by way of an administration fee if a payment that is due to us from You is dishonored by Your bank or bounces.

5.10 Envoy Mobility shall not be responsible for any overdraft or other fees charged by the Member’s Payment Card company or bank related to Envoy Mobility’s withdrawals or attempted withdrawals from Your account.

5.11 All Fees under this Contract shall be paid in full without any set-off, counterclaim, deduction, or withholding.

5.12 Envoy Mobility may, in its sole discretion, create promotional codes that may be redeemed by Members and credited against Fees, subject to any additional terms that Envoy Mobility establishes on a per promotional code basis (” Promotional Code “).

5.12.1 You agree that Promotional Codes:

(a) are unique to the Member to whom they are issued, are non-transferable, and can only be used by the Member to whom they are delivered;

(b) must only be used for the intended purpose, and in a lawful manner;

(c) may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public forum or otherwise), unless expressly permitted by Envoy Mobility;

(d) may be disabled by Envoy Mobility at any time for any reason without liability to You;

(e) may only be used pursuant to the specific terms that Envoy Mobility establishes for such Promotional Code;

(f) are not valid for, and cannot be exchanged for, cash; and

(g) may expire prior to Your use of the Promotional Code.

5.12.2 Envoy Mobility reserves the right to withhold or deduct credit against Fees or other features or benefits obtained through the use of Promotional Codes by You if Envoy Mobility determines or believes that the use or redemption of the Promotional Codes was in error, fraudulent, illegal, or in violation of the applicable Promotional Code’s terms or these Terms and Conditions.

5.13 Collections. Envoy Mobility reserves the right to assign a delinquent Member account to a third-party collection agency. You agree that Envoy Mobility and /or the collection agency may report this delinquency to credit bureaus and charge interest on the amount due in accordance with the Applicable Laws if you fail to make your account current promptly. You acknowledge and agree that Your personal information may be shared with the third-party collection agency for the purposes of collecting Your debt owed to Envoy Mobility.

SECURITY DEPOSIT AND PREAUTHORIZATION

6.1 When You are becoming a Member, Envoy Mobility may, at its sole discretion, require You to instruct Your bank to pre-authorize a Security Deposit for Envoy Mobility’s benefit. Envoy Mobility will not debit the amount of the Security Deposit except in the circumstances set out below. However, the amount of the Security Deposit will be unavailable to You to withdraw from Your account until released by Your bank.

6.2 Any Security Deposit preauthorized by You will be withdrawn by Envoy Mobility in the event of:

(a) non-payment by You of any Fees or other sums due to Envoy Mobility;

(b) Your failure to return an Envoy Mobility Car; and/or

(c) payment of damages for which You are liable under this Contract, including any Additional Fees and Penalties that may become due.

6.3 The Security Deposit will be returned to You within fourteen (14) business days after the Membership terminates if You have no outstanding balances. The security deposit bears no interest.

6.4 At the time of the Booking, Envoy Mobility may place a preauthorization hold on your payment card.

TRAFFIC AND PARKING VIOLATIONS AND FINES

7.1 You are personally responsible for Your breach of any applicable traffic and motor vehicle rules and regulations when using an Envoy Mobility Car. You are also personally responsible for any breach of any parking laws, rules and regulations when using a Envoy Mobility Parking Space.

7.2 You must pay all tickets, surcharges, tolls, fines, or penalties arising in connection with Your use of an Envoy Mobility Car. You are responsible and liable for each ticket, surcharge, toll, fine, or penalty to the appropriate authorities. When You are notified about a ticket, surcharge, toll, fine, or penalty related in any way to your use of Envoy Mobility Service, You must notify the Customer Relations Center within three (3 ) calendar days of Your receipt of the relevant ticket, surcharge, toll, fine, or penalty and settle these charges directly with the issuing authority. You will be responsible for any penalties incurred from your failure to notify Envoy Mobility of the ticket, surcharge, toll, fine, or penalty.

7.3 When Envoy Mobility is notified about any Member’s ticket, surcharge, toll, fine, or penalty, Envoy Mobility may elect to provide your personal identifiable information to the issuing authority and direct the issuer of the fine, penalty, toll, or a ticket to settle the charges with You directly. Alternatively, Envoy Mobility may pay the relevant amount (including any added late payment penalties) on behalf of the Member who incurred it and will then charge that Member’s Payment Card a corresponding amount along with any applicable Penalty described in Schedule 1.

7.4 You acknowledge and agree that Envoy Mobility may provide Your identity details and personal information to any law enforcement authorities or any authority that issued a ticket, fine, toll, or a penalty Envoy Mobility reasonably believes is attributable to Your previous or current Booking, on request and/or otherwise in connection with any alleged breach of Applicable Laws by You.

7.5 You must pay Envoy Mobility the Penalty specified in Schedule 1 for each ticket and fine issued to Envoy Mobility for the Envoy Mobility Car used by You during Your Booking Period to cover Envoy Mobility’s reasonable administrative costs in handling receipt of such ticket and/or fine.

7.6 If You cause an Envoy Mobility Car to be immobilized, clamped, or towed for breach of any Applicable Laws, You will be liable to Envoy Mobility as if You had abandoned the Envoy Mobility Car and You must pay to Envoy Mobility the Penalty specified in Schedule 1. You will also be liable to reimburse Envoy Mobility for any fees or expenses paid to the relevant parking or towing authority or private operator of the relevant parking or towing facility.

7.7 Envoy Mobility also reserves the right to retain a third-party company to monitor for, process and handle all tickets, fines, and fees incurred by Envoy Mobility Members while driving Envoy Mobility Cars. You acknowledge and agree that Envoy Mobility may share your personal information with such a third-party company for the purposes of handling tickets and fines incurred by You while driving a Envoy Mobility Car. If You fail to pay Your tickets, fines, and fees promptly, You may be charged a processing fee by the third-party company retained by Envoy Mobility to handle the tickets, fines, and fees on its behalf.

INSURANCE

8.1 Subject to the applicable exceptions and specific terms and conditions of the policy providing coverage, the Insurance Coverage provided by Envoy Mobility insures You against liability to a third party caused by or arising out of Your use of an Envoy Mobility Car on the road in accordance with the Contract’s terms, in respect of death, personal injury, and/or damage to property suffered by such third party.

8.2 Subject to Section 8.1, Envoy Mobility does not warrant or represent that the Insurance Coverage is comprehensive or sufficient to meet Your needs.

8.3 Envoy Mobility maintains third-party liability insurance for itself consistent with the State of California’s compulsory minimum financial responsibility requirements.

8.4 You acknowledge and agree that the Insurance Coverage may not cover in whole or in part, Your liability to Envoy Mobility or to a third party, including for damage to an Envoy Mobility Car, injury to You, injury to other people, and/or damage to or loss of You property or a third party’s property, and that despite the Insurance Coverage, You may be liable directly to Envoy Mobility and/or any third party to whom You have caused damage, injury or loss through Your use of the Envoy Mobility Service. For the avoidance of doubt, the Insurance Coverage does not cover any damage to or loss of Your property through the use of the Envoy Mobility Service.

8.5 You acknowledge and agree that the Insurance Coverage will not cover You in a number of cases, including, without limitation:

use of an Envoy Mobility Car by any other person other than the Member;
use of the Envoy Mobility Service without a valid driving license;
use of the Envoy Mobility Service while under the influence of drugs or alcohol;
Use of the Envoy Mobility Car in engaging in criminal or illegal activities;
use of the Envoy Mobility Service outside the Envoy Mobility Zone;
participating in automobile races, rallies, trials, or any other competitive event, and more generally, acting, driving an Envoy Mobility Car, or using the Envoy Mobility Service in a manner inconsistent with the Contract as a whole;
making a false statement to the Insurer; and
use of an Envoy Mobility Car in a way that violates these terms and conditions.

8.6 You acknowledge that the availability to You or any third party (including any passenger in an Envoy Mobility Car operated by You) of a claim under the Insurance Coverage does not affect Envoy Mobility’s right to bring claims against You with respect to the damage caused by You resulting from a breach of this Contract, the insurance documentation referred to in this section, and/or Applicable Laws, except as set out in this section.

8.7 The circumstances referred to in the preceding section (in which Envoy Mobility may bring claims against You for any loss that Envoy Mobility suffers as a result of damage to any Envoy Mobility Car arising during a Booking Period) are where the damage arose as a result of or in connection with:

(a) Your breach of the Contract;

(b) Your unlawful activity;

(d) improper use of an Envoy Mobility Car (e.g., transport of flammable materials or explosives or use of an Envoy Mobility Car as a for-hire vehicle or any other commercial purpose);

(e) willful damage;

(f) use of an Envoy Mobility Car by anyone other than by You; and

(g) the failure to lock the doors and trunk of the Envoy Mobility Car when it is unattended.

(h) any other activities prohibited by the terms of this Agreement.

8.8 Envoy Mobility reserves the right, at any time, without notice to You, to modify the Envoy Mobility Insurance Coverage so long as it complies with the minimum standard of insurance coverage required by law to permit You to drive an Envoy Mobility Car.

8.9 In the event of any payment under the Insurance policy, Envoy Mobility and its Insurer are entitled to subrogate by retaining all the rights of the person to whom the payment was made. That person must sign and deliver to Envoy Mobility and its Insurer any legal papers relating to that recovery, do whatever else is necessary to help Envoy Mobility and its Insurer to exercise those rights and do nothing to prejudice the rights of Envoy Mobility or its Insurer in the collection efforts.

8.10 When a person has been paid damages under the Envoy Mobility Insurance Coverage and also recovers from another, the amount recovered from the other shall be held by that person in trust for Envoy Mobility and its insurer and reimbursed to Envoy Mobility and its insurer to the extent of any payment by Envoy Mobility or its insurer.

8.11 Envoy Mobility and its insurer may seek “subrogation” which is reimbursement from You if You are at fault for an accident for which Envoy Mobility or its insurer has provided payments to a third party for damages or injuries sustained by that third party.

8.12 If You are at fault in an accident that triggers Envoy Mobility’s Liability Insurance Policy, and if the third-party damages are greater than Envoy Mobility’s insurance policy limits, You will be required to pay the difference between the third party’s actual damages and what Envoy Mobility’s Insurance policy covered.

8.13 If You have access to another insurance policy that may provide coverage for any third-party liability, including a personal automobile policy You may maintain, the insurance provided by Envoy Mobility will be deemed excess to Your insurance to the extent permitted under California law.

RELEASE AND LIMITATION OF LIABILITIES; INDEMNITIES

9.1 Liability Release:

TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU, ON BEHALF OF YOURSELF AND YOUR SUCCESSORS IN INTEREST (AS DEFINED BELOW) (COLLECTIVELY, “RELEASORS”), HEREBY RELEASE AND DISCHARGE US, OUR AFFILIATES (AS DEFINED BELOW) AND SUPPLIERS AND EACH OF OUR AND THEIR OFFICERS, DIRECTORS, MEMBERS, MANAGERS, SUCCESSORS, ASSIGNS, AGENTS AND EMPLOYEES (COLLECTIVELY, “RELEASED PARTIES”) FROM AND AGAINST ANY AND ALL LIABILITY, LOSS (INCLUDING BUT NOT LIMITED TO LOSS OF INCOME, WAGES, SUPPORT, OR CONSORTIUM), INJURY, DEATH, DAMAGES (INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES), COSTS, EXPENSES (INCLUDING BUT NOT LIMITED TO ATTORNEYS’ FEES AND COSTS), HARM, CLAIMS, OR CAUSES OF ACTION (INCLUDING BUT NOT LIMITED TO CLAIMS FOR PERSONAL INJURY, WRONGFUL DEATH AND/OR PROPERTY DAMAGE), ARISING OUT OF OR RELATING TO (I) THE USE OF A ENVOY MOBILITY CAR OR ANY COMPONENT, FEATURE, ACCESSORY OR CONFIGURATION OF A ENVOY MOBILITY CAR, (II) ANY ACCIDENT OR INCIDENT INVOLVING A ENVOY MOBILITY CAR, (III) THE USE OF A ENVOY MOBILITY STATION, ENVOY MOBILITY CHARGING POINT, OR ENVOY MOBILITY PARKING SPOT OR ANY EQUIPMENT OR ACCESSORIES THEREON, (IV) YOUR ACTS OR OMISSIONS, OR (V) YOUR OR YOUR PASSENGERS’ DAMAGE TO OR LOSS OF PERSONAL PROPERTY, IN EACH CASE (I) THROUGH (V), WHETHER IN STRICT LIABILITY, CONTRACT, OR TORT, REGARDLESS OF HOW SUCH INJURY, DAMAGE, OR LOSS MAY ARISE AND REGARDLESS OF WHETHER THE INJURY, DAMAGE, OR LOSS IS OCCASIONED IN WHOLE OR IN PART BY THE ACTIVE OR PASSIVE ORDINARY NEGLIGENCE OF ANY ONE OR MORE OF THE RELEASED PARTIES, OR ANY OTHER BREACH OF A LEGAL DUTY ARISING OUT OF COMMON LAW, STATUTE, OR CONTRACT.

9.2 Limitation of Envoy Mobility’s Liability:

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ENVOY MOBILITY HEREBY DISCLAIMS AND SHALL NOT BE LIABLE TO YOU OR ANY OTHER PARTY OR THIRD PARTY, OR BE HELD RESPONSIBLE FOR ANY ECONOMIC, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, PUNITIVE, ENHANCED, AND EXEMPLARY DAMAGES, AND LOST PROFITS, ARISING OUT OF OR RELATING TO YOUR ACTS OR OMISSIONS, TO THESE TERMS AND CONDITIONS, OR TO ANY BREACH OF THESE TERMS AND CONDITIONS, REGARDLESS OF WHETHER FORESEEABLE OR UNFORESEEABLE, WHETHER CLAIMED UNDER CONTRACT, TORT, FAILURE OF WARRANTY, OR ANY OTHER LEGAL THEORY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS. THE MAXIMUM AGGREGATE LIABILITY OF ENVOY MOBILITY TO YOU FOR ALL CLAIMS UNDER THESE TERMS AND CONDITIONS SHALL NOT EXCEED THE FEES RECEIVED BY ENVOY MOBILITY FROM YOU.

9.3 Disclaimer of Warranties:

YOU TAKE AN ENVOY MOBILITY CAR “AS IS” WITH ALL FAULTS. ENVOY MOBILITY MAKES NO EXPRESS OR IMPLIED WARRANTIES, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR THAT ENVOY MOBILITY CARS, STATIONS, OR ENVOY MOBILITY CHARGING POINTS ARE FIT FOR ANY PARTICULAR PURPOSE.

9.4 Indemnity:

TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU, ON BEHALF OF YOURSELF AND YOUR SUCCESSORS IN INTEREST, AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS THE RELEASED PARTIES FROM AND AGAINST ANY CLAIMS, ACTIONS SUITS, PROCEEDINGS, LOSSES, DAMAGES, LIABILITIES, COSTS, AND EXPENSES (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEY FEES AND COSTS) ARISING OUT OF OR RELATING TO YOUR USE OF ENVOY MOBILITY SERVICE. YOU MAY PRESENT THE CLAIM TO YOUR INSURANCE CARRIER FOR SUCH EVENTS OR LOSSES; BUT IN ANY EVENT, YOU SHALL HAVE FINAL RESPONSIBILITY REGARDING ANY SUCH LOSSES AND TO ALL THIRD PARTIES.

9.5 Damage or Theft of Envoy Mobility Car:

YOU ARE RESPONSIBLE FOR ANY AND ALL LOSS OF OR DAMAGE TO THE ENVOY MOBILITY CAR THAT YOU CAUSE WHILE YOU ARE IN POSSESSION OF IT. SUCH LIABILITY IS LIMITED TO (1) LOSS OR DAMAGE TO THE ENVOY MOBILITY CAR UP TO ITS FAIR MARKET VALUE RESULTING FROM COLLISION REGARDLESS OF THE CAUSE OF DAMAGE; (2) LOSS DUE TO THEFT OF THE ENVOY MOBILITY CAR UP TO ITS FAIR MARKET VALUE; (3) PHYSICAL DAMAGE TO THE ENVOY MOBILITY CAR UP TO ITS FAIR MARKET VALUE, RESULTING FROM VANDALISM OCCURRING AFTER, OR IN CONNECTION WITH, THE THEFT OF THE VEHICLE; (4) PHYSICAL DAMAGE TO THE ENVOY MOBILITY CAR UP TO A TOTAL OF FIVE THOUSAND DOLLARS ($5,000) RESULTING FROM VANDALISM UNRELATED TO THE THEFT OF THE ENVOY MOBILITY CAR; (5) ACTUAL CHARGES FOR TOWING, STORAGE AND IMPOUND FEES PAID BY US, IF YOU ARE LIABLE FOR DAMAGE, AND (6) AN ADMINISTRATIVE CHARGE.

9.6 Definitions

For purposes of this section 9, “Affiliates” of Envoy Mobility means any natural person, firm, corporation, partnership, association, limited liability company, trust, or any other legal entity who, directly or indirectly, controls, is controlled by or is under common control with Envoy Mobility, including, without limitation, any general partner, manager, managing member, officer, or director of Envoy Mobility. For purposes of this section 9, “ Successors in Interest ” shall mean Your spouse, children, devisees, personal representatives, survivors, heirs, issue, assigns, creditors, successors, executors, administrators, legatees, insurers, estate beneficiaries and estate, any person wholly or partially dependent on You for support and maintenance, and any other person or entity acting for, on behalf of, or through You or having a property right in, or a claim against, a trust estate or the estate of a decedent.

9.7. The provisions of Section 9 set forth above shall relate to any and all claims and legal rights now existing or arising in the future, whether known or unknown. You acknowledge that You have read and understand Section 1542 of the California Civil Code which reads as follows:

“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”

Releasors hereby expressly waive and relinquish all rights and benefits under that section and any law of any jurisdiction of similar effect with respect to the release of any claims Releasors may have against the Released Parties.

SERVICE INTERRUPTIONS

10.1 While Envoy Mobility uses its reasonable efforts to make the Envoy Mobility Service available, the 24/7 availability of the Envoy Mobility Service is not guaranteed. Because the Envoy Mobility Service is a self-service operation, Envoy Mobility shall not be liable if:

(a) an Envoy Mobility Car or Envoy Mobility Parking Space is unavailable at any particular location;

(b) Envoy Mobility is unable to honor a Booking for an Envoy Mobility Car or Envoy Mobility Parking Space for reasons outside of Envoy Mobility’s control, such as another Member failure to return an Envoy Mobility Car at the end of their Booking Period; or

10.2 If, for any reason, the Envoy Mobility Service is Completely Unavailable for a period of more than 5 days, the monthly Member’s sole remedy shall be Envoy Mobility’s extension of the applicable Membership for an equivalent number of days that the Envoy Mobility Service was Completely Unavailable.

11 DISPUTE RESOLUTION AND GOVERNING LAW

11.1 This Contract, and any legal suit, arbitration, action, or proceeding arising out of or related to this Contract, Your Membership, the Envoy Mobility Services provided or to be provided and, generally, any act or omission involving You and Us, will be governed by and construed in accordance with the laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether because of the State of Your residence or any other reason) that would cause the application of laws of any jurisdiction other than those of the State of California or that would apply any rule of construction that allows or directs that ambiguities be construed against the drafter of a contract.

11.2 AS PERMITTED BY THE FEDERAL ARBITRATION ACT (“FAA”), YOU AND WE AGREE THAT ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THESE TERMS AND CONDITIONS, THE ADVERTISING OF OUR SERVICES, YOUR INDUCEMENT TO BECOME A MEMBER, , INCLUDING BUT NOT LIMITED TO CLAIMS OF OR RELATING TO UNLAWFUL, DECEPTIVE OR UNFAIR BUSINESS PRACTICES, MISREPRESENTATION, OR FALSE ADVERTISING, TERMINATION OF THE CONTRACT, OR THE VALIDITY OR BREACH THEREOF, WILL BE RESOLVED BY ARBITRATION IN LOS ANGELES COUNTY, CALIFORNIA, ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) UNDER AAA’S CONSUMER ARBITRATION RULES, EXCEPT THAT, INSTEAD OF ARBITRATION, (A) YOU MAY ASSERT A CLAIM IN SMALL CLAIMS COURT IN LOS ANGELES COUNTY, CALIFORNIA IF THE CLAIM QUALIFIES FOR JURISDICTION IN SUCH COURT; AND (B) WE MAY BRING A CLAIM AGAINST YOU BASED ON THESE TERMS AND CONDITIONS IN SMALL CLAIMS COURT IN THE CALIFORNIA COUNTY OF YOUR RESIDENCE, IF YOU ARE A CALIFORNIA RESIDENT, OR ARE PHYSICALLY LOCATED IN LOS ANGELES COUNTY, CALIFORNIA, IF YOU ARE NOT A CALIFORNIA RESIDENT. THE ARBITRATOR’S AWARD SHALL BE FINAL AND BINDING ON ALL PARTIES,

EXCEPT FOR ANY RIGHT OF APPEAL PROVIDED BY THE FEDERAL ARBITRATION ACT (FAA), JUDGMENT ON THE AWARD RENDERED BY THE ARBITRATOR(S) MAY BE ENTERED IN ANY COURT HAVING JURISDICTION OVER YOU. AAA’S CONSUMER ARBITRATION RULES ARE AVAILABLE ONLINE AT WWW.ADR.ORG. YOU MAY INITIATE A CLAIM AGAINST US IN ARBITRATION BY COMPLYING WITH RULE 2 OF THE CONSUMER ARBITRATION RULES LOCATED AT WWW.ADR.ORG.

11.3 Unless such power is reserved exclusively to the courts by law, the Arbitrator shall have the power to rule on any challenge to his or her own jurisdiction or to the validity or enforceability of any portion of the agreement to arbitrate. ARBITRATION REPLACES THE RIGHT TO GO TO COURT. YOU AGREE THAT YOU ARE VOLUNTARILY AND KNOWINGLY WAIVING ANY RIGHT THAT YOU MAY HAVE TO GO TO COURT.

11.4 You have the right to opt out of this mandatory arbitration provision, which would enable You to litigate disputes in a court before a judge, if You deliver to Us, within thirty (30) days of the acceptance of these Terms and Conditions, an explicit instruction to opt out, hand-signed and dated by You, via certified mail, return receipt requested, addressed to Envoy Mobility Legal Director, 8575 Washington Boulevard, Culver City, CA 90232.. If We do not receive Your written notice within this time period, Your right to opt out will terminate and the provisions of this section will apply. If You exercise the opt-out option, You may commence any action arising from or related to these Terms and Conditions and the Contract only in the Small Claims Court or Superior Courts sitting in Los Angeles County, California or the Federal Courts of the Southern District of California, sitting in Los Angeles, California.

11.5 EXCEPT WHEN PROHIBITED BY LAW AND TO THE EXTENT NOT PREEMPTED BY THE FAA TO BE INCLUDED IN A CLASS ACTION WAIVER, NEITHER YOU NOR WE MAY SERVE AS A REPRESENTATIVE, A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY IN ANY LEGAL ACTION AGAINST ENVOY MOBILITY, ITS PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS AND OWNERS. YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, MASS, COLLECTIVE ACTION, OR REPRESENTATIVE PROCEEDING. FURTHER, UNLESS BOTH YOU AND WE AGREE OTHERWISE IN WRITING, THE COURT OR ARBITRATOR, AS APPLICABLE, MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CLASS, CONSOLIDATED, MASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING.

11.6 Except for such claims prohibited by law to have their respective statutes of limitations shortened, in any claim against Us, You must file for Arbitration for damages relating to or arising directly or indirectly from these Terms and Conditions or the Contract, no later than two (2) years after any portion of Your claim has accrued. You hereby waive the right to file an action for any loss, damage, or liability related to or arising directly or indirectly from these Terms and Conditions or the Contract under any state or federal statute of limitations that may be longer.

GENERAL TERMS

12.1 The Member acknowledges and agrees that ownership of the Envoy Mobility Cars, Envoy Mobility Car Accessories, and Envoy Mobility Onboard Documents remains with Envoy Mobility at all times.

12.2 Nothing in this Contract is intended to, or shall be deemed to establish any partnership, agency, or joint venture between any Member and Envoy Mobility.

12.3 Only the Member and Envoy Mobility have rights under this Contract. No other person shall have any rights under this Contract. The Member may not transfer or assign any of the Member’s rights or obligations under this Contract to any other person without Envoy Mobility’s prior written approval. However, Envoy Mobility may transfer or assign its rights and obligations under this Contract to another organization at any time. Envoy Mobility will notify You if it such a transfer or assignment takes place.

12.4 The rights and remedies provided in this Contract are in addition to, and not exclusive of, any rights or remedies provided by law.

12.5 If Envoy Mobility does not promptly insist that You fulfill any obligation outlined in these Terms and Conditions, or if Envoy Mobility delays in pursuing action against You for breaching any provision of this Contract, such inaction shall no waive your responsibility to fulfill those obligations, nor shall it preclude Envoy Mobility from taking action against You at a later date. For example, in the event of a missed payment where Envoy Mobility does not immediately contact You but continues to provide the Envoy Mobility Service, Envoy Mobility retains the right to demand payment at a later date.

12.6 The section headings in these Terms and Conditions are included for convenience only and shall not affect the interpretation of these Terms and Conditions.

12.7 Each section and subsection of these Terms and Conditions operates separately. If any court or relevant authority decides that any of the term (or any part thereof ) is unlawful, the remaining terms or the parts thereof will remain in full force and effect.

12.8 The Member agrees that the Member shall have no remedies with respect to any statement, representation, assurance, or warranty (whether made innocently or negligently) that is not set out in this Contract. Each party agrees that it shall have no claim for innocent or negligent misrepresentation based on any statement in this Contract.

12.9 Under California law, residents of the state of California are entitled to the following specific consumer rights information:

b) Any charges, payments, penalties or fees that we might impose can be found in these Terms and Conditions, including Schedule 1.
c) If You have any complaints regarding Our Services, You may contact our Customer Relations Center at 1(888) 998-2546 ext. 4, or, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

12.10 You consent to receive communications from Us in electronic form, and agree that all Terms and Conditions, notices, disclosures, and any other communications that We provide to You electronically satisfy any legal requirement that such communications would satisfy if they were in a print-on-paper writing. By selecting the “I Accept” button where indicated, You are signing the Terms and Conditions electronically (“ Member E-Signature ”), and such selection constitutes Your legal signature, acceptance, and agreement as if You actually signed these Terms and Conditions in writing and such E- Signature has the same force and effect as a manual signature.

12.11 Future Changes. By using our services, you agree to be bound by the terms and conditions as updated from time to time. We reserve the right to modify, amend, or update these terms and conditions at our discretion without prior notice. It is Your responsibility to review these terms periodically for any changes. Your continued use of our services following the posting of any amendments to these terms constitutes acceptance of those changes.

SCHEDULE 1

RATE OFFER

1.1 The following summarizes the fees and other terms corresponding to each of the available membership options, excluding any applicable sales and use taxes (“Booking Rate Offer”).

Figures shown below shall be rounded to two decimal places.

Recurring Monthly Membership Fee

Standard Membership: $5.00 per month
Community Membership: $1.00 per month

Table 1

Booking Rates

Membership	*1-Hour Minimum	3-Hour Promotional Package	5-Hour Promotional Package	*Per Minute Extension Fee
Standard	$15	$28	$45	$0.25
Community	$12	$22	$36	$0.20

*1-Hour Minimum

If the Booking is less than 1 hour, the minimum charge will be $15.

*Maximum Vehicle Booking Time

12-Hours

*Per Minute Extension Fee

Pricing reverts to the per-minute rate after the selected package time is complete.

1.2 Vehicle Usage Fees are calculated based on (i) the rates in the table above and (ii) the relevant Usage Period’s duration. The minimum Booking period is one (1) hour. In other words, if You use an Envoy Mobility Car for less than one (1) hour, You are charged the associated Fees as if You had used the vehicle for the entire hour. Booking Fees are payable Fee, and membership fees do not apply to Your account in the form of a Booking Credit. To calculate the Booking Fees: (a) any vehicle usage less than one (1) hour in the Booking Period will be rounded up to the hour, and (b) where the Booking Period is longer than the selected Package You will be charged on a per-minute basis thereafter.

1.3 Envoy Mobility Booking Fees are billed hourly. The Package rate of use are those fully described in Table 1 above. From time to time, Envoy Mobility App will display promotions and incentives at certain Stations or upon returning the vehicle to a certain Station. Members can take advantage of the special promotions and incentives by following the prompts within the Envoy Mobility App. In addition, from time to time, Envoy Mobility App may display a promotional code for picking up or returning the vehicle to a particular Station. Members can either accept the surcharge and proceed with the Booking or reject the surcharge and use a different Station for their start or end their Booking.

1.4 If You do not follow the procedure for correctly returning and charging the Envoy Mobility vehicle, the Booking Period may not end, and You will continue to be charged usage Fees up to a maximum per Booking Period, even if You are no longer using the vehicle. We therefore urge You wait in the vicinity of the vehicle until You receive a text message or push notification from us confirming that the Booking has been successfully returned and that the Usage Period has ended. If you need assistance ending the Booking, please contact our customer service center at 1(888) 998-2546 ext. 4

1.5 All fees and charges listed in this Fee Schedule exclude applicable taxes, which will be added to the amounts charged to You by Envoy Mobility.

USAGE PACKAGES

2.1 From time to time, the Envoy Mobility App may display and offer a Promotional Package allowing You to Book a vehicle for a predetermined period at a promotional price. You can either take advantage of the Promotional Package offer by confirming it in the Envoy Mobility App or ignore the offer and proceed with the standard rates applicable to Your Membership.

2.2 After confirming the Package on the App, the entire Package price will be charged to Your account even if you end up returning the vehicle earlier. The time left unused in the Package is forfeited and cannot be attributable to a future Booking. If, however, You continue to use the vehicle after the expiration of Your Usage Package, the standard per-minute rate attributable to your Membership will apply upon the expiration of the Booking Package. Coupons, free driving time, or other promotions may be available to You and can apply to all Booking Packages.

2.3 You must remain within the Envoy Mobility Zone even when taking advantage of a Promotional Package. Failure to do so may result in penalties described in Section 6, Penalties, Leaving the Envoy Mobility Zone.

3. LOW INCOME MEMBERSHIP QUALIFICATION

You must meet the following criteria to qualify for the Envoy Mobility Community Membership. You will be required to upload proof of eligibility during registration. You qualify if:

3.1 Your household’s total gross annual income is at or less than the following annual limits, and You are able to provide proof of income,

# of persons living in household and Total gross annual household income (before taxes)

≤ $44,150

≤ $50,450

≤ $56,750

≤ $63,050

≤ $68,100

≤ $73,150

≤ $78,200

≤ $83,250

3.2. Or You belong to a verified public assistance or benefits program, and You are able to provide proof of participation.

.3 The following documents are accepted as proof of eligibility for the Envoy Mobility Community Membership. Documents must clearly show Your name, the agency name, program or benefit, and the date of issuance or expiration date.

Program and Proof Accepted

Medicaid / Medi-Cal :

Medi-Cal Card OR Notice of Planned Action

Low Income Home Energy Assistance Program (LIHEAP) :

Benefits Letter OR utility bill reflecting the inclusion of a housing assistance credit

Supplemental Security Income (SSI) / Supplement Security Payment (SSP) :

Computer-generated printout or bank statement(s) showing SSI/SSP deposits (3 months) OR benefit check stub from Social Security Administration

Federal Public Housing Assistance or Section 8:

Section 8 Voucher OR Public Housing Assistance Lease Agreement OR Benefits Letter

Supplemental Security Income (SSI) / Supplement Security Payment (SSP) :

Computer-generated printout or bank statement(s) showing SSI/SSP deposits (3 months) OR benefit check stub from Social Security Administration

CalFresh, Food Stamps, or Supplemental Nutrition Assistance Program (SNAP):

California EBT card (same name as applicant) OR Benefits Letter

Food Distribution Program on Indian Reservations

Notice of Action OR FDPIR participation document (benefit card) OR Benefits Letter or official notice of eligibility

Women, Infants and Children Program (WIC)

Temporary Assistance for Needy Families (TANF)

California Work Opportunity and Responsibility for Kids (CalWORKs)

Welfare-to-Work (WTW)

Bureau of Indian Affairs General Assistance

Benefits Letter (showing name of program, date of award, name of beneficiary, and award amount)

Tribal TANF

Benefits Letter OR benefits check stub from the Bureau of Indian Affairs General Assistance

Head Start Income Eligible (Tribal Only)

A letter of participation or enrollment confirmation in a Tribal Head Start Program (including name of child)

Other Public Award/Benefit

Proof must have the recipient’s name, address and effective dates of award. May not be accepted if proof is inadequate

You will have two weeks to provide Proof. Proof must have the recipient’s name, address and effective dates of award. May not be accepted if proof is inadequate.

4. ADDITIONAL FEES

The following Additional Fees will be imposed for the following events:

5. DAMAGE CHARGE

If an Envoy Mobility Vehicle is damaged (including but not limited to in a road traffic collision) during a Booking Period and Envoy Mobility or the Envoy Mobility Insurer determines that the Member was wholly or partially at fault for such damage, the Member shall pay to Envoy Mobility the relevant Damage Charge. The amount of the Damage Charge payable is set out in the table below. Until the payment is received, the Member is suspended from using the Envoy Mobility Service. The amount of the Damage Charge paid by the Member will be deducted from the amount due to Envoy Mobility under Section 9.5 of the Terms and Conditions.

Accident /Damage Deductible: $7,500.

Envoy Mobility may elect to charge the Damage Charge to Members’ payment cards in mutually agreed monthly increments. If any given accident or incident is determined or the Envoy Mobility Insurer to be caused in whole or in part by an Envoy Mobility Member, Envoy Mobility’s total damages are less than $7,500, Envoy Mobility will only charge the amount of its actual damages. If Envoy Mobility’s total damages are greater than the Damage Charge, Envoy Mobility will charge the total amount of the accident/damage deductible in lump sum or in equal increments in its sole discretion.

6. PENALTIES

For certain violations, acts, omissions, or other failures to comply with the terms of the Contract, in addition to Envoy Mobility’s right to terminate and/or suspend Member’s Membership, and the other remedies detailed in this Contract, the following penalties may be levied against the Member by Envoy Mobility at its sole discretion. These penalties are non-exclusive and shall be in addition to such other remedies as may be available to Envoy Mobility under this Contract, at law, and in equity.

In addition, Envoy Mobility may, at any time, determine that in addition to canceling a current Membership, the Member’s future use of any Envoy Mobility Services may be barred for a duration at Envoy Mobility’s sole discretion.

During Membership suspension and following Membership termination by Envoy Mobility due to Member’s misconduct or omission, Member shall continue to be liable for Membership charges and other fees applicable through the conclusion of the current Membership period, including any renewal period.


Failure to return the Envoy Mobility Car in accordance with the proper return procedure as set out in the User Guide (including, without limitation, failure to plug in the Envoy Mobility Car and confirm the vehicle is charging, and failure to park at an Envoy Mobility Station).	$50 Along with the imposition of the Penalty, a failure to return an Envoy Mobility Car in accordance with these Terms and Conditions will result in the continuation of the Booking Period. Accordingly, You will also continue to be charged Booking Fees, up to a maximum of $500 for that Booking Period. You will also be liable for any penalties that may be imposed by the relevant authorities due to non-compliance with Applicable Laws.
Abandonment of the Envoy Mobility Car.	$300 Along with the imposition of the Penalty, abandonment of an Envoy Mobility Car is a failure to return an Envoy Mobility Car in accordance with these Terms and Conditions which will result in the continuation of the Booking Period. Accordingly, You will also continue to be charged Booking Fees, up to a maximum of $500 for that Booking Period. You will also be liable for any penalties that may be imposed by the relevant authorities due to non-compliance with Applicable Laws.
Failure to return a Envoy Mobility Car to a Charging Point when the battery of the Envoy Mobility Car is at 20% or less leading to the immobilization of the Envoy Mobility Car.	$300 Along with the imposition of the Penalty, You will also continue to be charged Booking Fees until the Envoy Mobility Car is retrieved and returned to an Envoy Mobility Charging Point, up to a maximum of $500 for that Booking Period.

Failure to stay with a broken down Envoy Mobility Car resulting from or arising out of an accident or incident until repair services arrive (where there are no injuries and it is safe to do so), failure to return an Envoy Mobility Car within 12 hours, resulting in the car needing to be retrieved by the Envoy Mobility team.	$150
Failure to immediately report an accident or any incident involving the Envoy Mobility Car (including, without limitation, theft or vandalism of the Envoy Mobility Car) to Envoy Mobility within two (2) calendar days of any such accident or incident	$150 Along with the imposition of the Penalty, Your Membership will be terminated immediately, and You will not be permitted to resubscribe to the Envoy Mobility service for a six-month period starting from the termination date. In addition to the above, You will also be liable for any penalties that may be imposed by the relevant authorities due to non-compliance with the Applicable Laws.
Using the Envoy Mobility Service with an invalid driving license	Your Membership will be terminated immediately, and You will not be permitted to resubscribe to the Envoy Mobility service for a twelve-month period starting from the termination date. In addition to the above, You will also be liable for any penalties that may be imposed by the relevant authorities due to non-compliance with the Applicable Laws.
Using the Envoy Mobility Service while under the influence of drugs or alcohol	$300 Along with the imposition of the Penalty, Your Membership will be terminated immediately, and You will not be permitted to resubscribe to the Envoy Mobility service for a twelve-month period starting from the termination date. You will also be liable for any penalties that may be imposed by the relevant authorities due to non-compliance with the Applicable Laws.
Material omission or incorrect information given by the Member during the Membership application process.	$50 Along with the imposition of the Penalty, Your Membership will be terminated immediately, and You will not be permitted to resubscribe to the Envoy Mobility Service for a period of 6 months from the termination date.
Failure to cooperate with Envoy Mobility’s requests for information or assistance or failure to respond to repeated requests for information from Envoy Mobility	Termination or suspension of Envoy Mobility Membership at Envoy Mobility’s discretion.
Threats, insults, violence, or profanity, directed at Envoy Mobility personnel	Termination or suspension of Envoy Mobility Membership at Envoy Mobility’s discretion. Envoy Mobility may also commence legal proceedings against You.
Envoy Mobility Car is impounded as a result of a breach of any Applicable Laws by the Member	$1,000
Envoy Mobility Car is returned in an unclean condition at the end of the Booking Period	$50
A fine is issued to the Envoy Mobility Car by the relevant authorities during the Booking Period	$30 administrative fee. Along with the imposition of the administrative fee, You will also be liable for the fines that have been imposed by the relevant authorities due to non-compliance with Applicable Laws.
Usage of Envoy Mobility Car by another person than the member, observed by Envoy Mobility’s personnel or relevant authorities	$100 Along with the imposition of the Penalty, Your Membership will be terminated immediately, except in a case where Your Envoy Mobility or TAP Card and/or PIN was stolen and only if Envoy Mobility has been notified and provided with a copy of a police report that You filed. For the avoidance of doubt, You will not be permitted to resubscribe to the Envoy Mobility Service for a period of 6 months from the termination date.
Leaving the Envoy Mobility Zone	$100 Along with the imposition of the Penalty, You will be liable for the applicable towing fees pertaining to a zero charge event.
Failure to update credit card information where the credit card used for the Security Deposit has been canceled or expired	$30
Failure to pay Fees to Envoy Mobility within 60 days of the due date	$25 Along with the imposition of the Penalty, Your Membership shall be suspended until Envoy Mobility receives full payment of outstanding amounts including payment of this Fee.
Direct Debit transaction is returned unpaid	$25
Cancelation of the Payment card without a replacement being provided in advance of such cancelation	$25

A Member will be notified of charges, penalties, suspension, or cancelation of Membership by way of written notice through one of the following means:

(a) Text message to the Member’s mobile numbers provided by the Member during the application process;

(b) Email to the Member’s Email Address;

(d) A letter sent to the Member’s residential address that has been provided by the Member during the application process.

Notice shall be deemed to have been duly served immediately if delivered personally or made by text message or electronic mail or posted in the Member’s Account. The effective date of suspension or cancellation of Membership shall be the date such notice is sent.

Communications:

Telephone: Envoy Customer Service at 1(888) 998-2546 ext. 4.

Or by mail:

Envoy Mobility, Inc

Customer Support

8575 Washington Blvd.

Los Angeles, CA 90232