Terms and Conditions

These Terms and Conditions (the “Agreement”) constitute a legally binding agreement between you (“User,” “you,” or “your”) and Take Fleet, Inc. (“Take Fleet,” “we,” “us,” or “our”). This Agreement governs your use of the Take Fleet applications (the “Take Fleet Driver App” and “Take Fleet Rider App”) and your access to the digital network operated by Take Fleet (the “Take Fleet Network”).

By accessing or using the Take Fleet Driver App, Take Fleet Rider App, or Take Fleet Network, you agree to be bound by these Terms and Conditions. If you do not agree to these terms, you may not use our services.

1. Governing Agreement

1.1 Scope

This Agreement governs your use of our applications and network. By accessing or using our services, you acknowledge that you understand and accept all of the terms herein. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, YOU MAY NOT USE OUR SERVICES.

1.2 Modifications

Take Fleet reserves the right to modify these Terms and Conditions at any time. Modifications become effective upon your continued use of our services.

1.3 Contact Information

For any questions regarding Take Fleet or this Agreement, please contact us at support@take-fleet.com.

2. Definitions

2.1 User

A “User” is any individual who uses the Take Fleet Driver App or Take Fleet Rider App to provide transportation services (Driving Users) or request transportation services (Passenger Users).

2.2 Prearranged Ride

A “Prearranged Ride” refers to a transportation service that begins when a Passenger User accepts a Driving User’s offer, continues as the ride is provided, and ends when the Passenger User exits the vehicle.

2.3 Trip

A “Trip” is any Prearranged Ride or attempted Prearranged Ride that is cancelled before completion.

2.4 Transaction

A “Transaction” is an agreement to purchase or sell services or merchandise between Users through our applications or network.

3. Eligible Users

3.1 Eligibility

Our services are available only to Users who have the legal capacity to enter into this Agreement and comply with its terms.

3.2 Age Requirement

Users must be at least 18 years old to use our services.

3.3 Account Status

Access to our services is unavailable to Users whose accounts have been deactivated, whether temporarily or permanently.

4. Communications from Take Fleet

4.1 Consent to Receive Communications

By using our services, you agree to receive communications from Take Fleet, its affiliates, and third-party partners via email, SMS, phone calls, and push notifications. These may include service updates, promotions, and other information.

4.2 Opt-Out

You may opt out of promotional communications by following the provided instructions; however, this may affect certain service features.

5. Promotions, Referrals, and Loyalty Programs

Take Fleet may offer various promotions, referral, and loyalty programs at its sole discretion. Such programs may have distinct terms and conditions, which may be modified or terminated without prior notice.

6. Third-Party Services

6.1 Use of Third-Party Services

Our applications and network may integrate with third-party services (e.g., Checkr for background checks, payment processors). These services are subject to their own terms and privacy policies.

6.2 No Liability for Third-Party Services

Take Fleet is not responsible for the actions or omissions of any third-party service providers.

7. Intellectual Property

7.1 License

Take Fleet grants you a limited, non-exclusive, non-transferable license to use our applications and network in accordance with this Agreement.

7.2 Ownership

All intellectual property rights in our applications and network are owned by Take Fleet. This Agreement does not convey any ownership rights to you.

7.3 User Feedback

Any feedback or suggestions you provide are non-confidential and may be used by Take Fleet without any obligation to compensate you.

7.4 Trademark License

Take Fleet’s trademarks and logos (“Take Fleet Marks”) are protected. Use of these Marks must adhere to our guidelines.

8. Information You Submit

8.1 User Information

By using our services, you agree to submit personal information, which will be used in accordance with our Privacy Policy.

8.2 Accuracy

You are responsible for providing accurate and complete information.

8.3 Ownership

You retain ownership of your submitted information, but grant Take Fleet the right to use it as necessary for service provision.

8.4 License to Use Information

You grant Take Fleet a worldwide, non-exclusive, perpetual, sublicensable, and royalty-free license to use any information you submit.

9. Confidential Information

9.1 Confidentiality

You agree to keep confidential any proprietary or sensitive information obtained through our services.

9.2 Prohibition on Disclosure

You shall not disclose confidential information to third parties except as permitted by this Agreement.

9.3 Legal Exceptions

Confidential information does not include information that is public, already known, independently obtained, or required to be disclosed by law (with prompt notice to Take Fleet).

10. Prohibited Activities

You agree not to engage in any of the following activities while using our services:

11. Warranty Disclaimer

11.1 As-Is Basis

Our services are provided on an “as-is” basis without any warranties, express or implied, including warranties of merchantability or fitness for a particular purpose.

11.2 No Continuous Availability

Take Fleet does not guarantee that our applications or network will be available at all times.

11.3 No Verification of Users

While background checks (e.g., via Checkr) are conducted, Take Fleet does not continuously verify the identity of Users.

11.4 Account Security

You are solely responsible for maintaining the security of your account. Take Fleet is not liable for unauthorized access.

12. Limitation of Liability

12.1 Exclusion of Damages

Take Fleet, its affiliates, and their respective officers, directors, employees, agents, or shareholders shall not be liable for any indirect, incidental, special, punitive, or consequential damages arising from your use of our services.

12.2 No Responsibility for Third-Party Services

Take Fleet is not responsible for any costs associated with your mobile data or phone plans used to access our services.

12.3 User Conduct

You are solely responsible for your interactions with other Users. Take Fleet is not liable for any disputes or misconduct.

12.4 Merchandise and Services

Take Fleet is not liable for any issues related to merchandise or services bought or sold through our platform.

12.5 Personal Belongings

Take Fleet is not responsible for personal belongings lost during rides.

12.6 User Acts

Take Fleet is not liable for injuries or damages resulting from User actions, including criminal acts, during rides or transactions.

12.7 Information Sharing

Take Fleet is not liable for the use or misuse of personal information you disclose through our services.

12.10 Insurance Verification Gaps

Take Fleet shall not be liable for any claims arising from a Driving User’s failure to maintain adequate insurance coverage, including:

13. Indemnification

You agree to indemnify and hold harmless Take Fleet and its affiliates, subsidiaries, parents, successors, and assigns (including their officers, directors, employees, agents, or shareholders) from and against any claims, losses, liabilities, costs, or expenses (including reasonable attorneys’ fees) arising from:

You agree not to settle any claim without prior written consent from Take Fleet.

14. Relationship Between Users and Take Fleet

14.1 Independent Contractors

If you provide services via our platform, you and Take Fleet are independent contractors. This Agreement does not create an employment, joint venture, partnership, or agency relationship.

14.2 No Control Over Performance

Take Fleet does not control your performance or the manner in which you operate your vehicle.

15. Fare Guidelines

15.1 Fare Calculation

Fares displayed to Passenger Users at the start of a Prearranged Ride are estimates and may include additional fees of up to 20% for booking and waiting time.

15.2 Non-Refundable Fares

Fares are non-refundable except as required by law.

15.3 Fare Payment

All fare payments must be made digitally. Passenger Users are required to complete payment through Take Fleet's integrated payment provider, Stripe. Any attempt to process payments outside of the designated platform is prohibited. For more details on payment processing, refer to Section 16.3.

15.4 Voluntary Tips

Passenger Users may voluntarily tip Driving Users after a ride is completed. Tipping is not required, and all tips are processed through Take Fleet’s platform.

16. Fee Guidelines

16.1 Transaction Fees

Take Fleet may charge transaction fees based on the total value of Transactions. These fees are non-refundable except as required by law.

16.2 Prohibition on Cash Payments

Users are strictly prohibited from accepting or requesting cash payments for any ride, transaction, or tip. Mobile point-of-sale terminals and off-platform payment methods are also not permitted. Any violations must be reported immediately.

16.3 Payment Processing

All payments, including ride fares, transaction fees, and tips, are processed securely through Stripe, Take Fleet’s third-party payment provider. Users must ensure they have a valid digital payment method linked to their account to use the service.

17. Zero Tolerance Policy Regarding Drug and Alcohol

17.1 User Responsibilities

Driving Users must operate their vehicles safely and comply with all applicable laws. Take Fleet enforces a zero-tolerance policy regarding drug and alcohol use while on duty.

17.2 Enforcement

Take Fleet reserves the right to suspend or terminate service access for any Driving User suspected of violating this policy.

17.3 Reporting Violations

Passenger Users should:

17.4 Investigations

Take Fleet will investigate all reports and may permanently ban Driving Users found in violation.

17.5 Record Retention

Records of reports and investigations will be retained for at least two years.

18. Motor Vehicle Compliance Requirements

18.1 User Responsibilities

Driving Users must:

18.2 Prohibited Practices

Driving Users may not:

18.3 Reporting Violations

If you suspect a Driving User is in violation:

18.4 Enforcement

Take Fleet will investigate all reports and may suspend or terminate access for violators.

18.5 Record Retention

Records related to violations will be retained for at least two years.

19. Motor Vehicle Insurance Requirements

19.1 Insurance Disclosure

Driving Users must submit valid proof of commercial auto insurance as a condition of using our services. While Take Fleet verifies insurance information during registration through thorough background checks, we are not responsible for any changes to a driver’s insurance policy unless we are notified.

19.2 Required Coverage

Driving Users operating in Indiana must maintain insurance that meets the following minimum statutory requirements:

Drivers relying solely on personal auto policies must ensure that their commercial auto policy or rideshare endorsement fully meets or exceeds these minimums during all rideshare activities.

19.3 Company Insurance

Take Fleet does not provide additional insurance coverage. Driving Users are solely responsible for obtaining and maintaining the required insurance.

19.4 Proof of Insurance

Driving Users must furnish proof of insurance to Take Fleet. Failure to maintain the necessary coverage may result in termination of access.

19.5 Accident Procedures

In the event of an accident, Driving Users must provide proof of insurance to law enforcement and other involved parties, and indicate whether they were using the Take Fleet app or engaged in a Prearranged Ride at the time.

20. Airport Drives and Fees Deduction

20.1 Airport Pickups and Drop-offs

Take Fleet allows Driving Users to pick up and drop off Passenger Users at designated airports where permitted by local regulations. Driving Users must comply with all airport rules, including waiting zones, pickup/drop-off locations, and any additional requirements set by airport authorities.

20.2 Airport Fees Deduction

Many airports charge access fees for rideshare pickups and drop-offs. If an airport imposes such a fee, Take Fleet will automatically deduct the applicable amount from the Driving User’s earnings for that ride. The deducted fee will be displayed in the earnings breakdown for transparency.

20.3 Fee Adjustment

In cases where an airport adjusts its fee structure, Take Fleet reserves the right to modify the deduction amount accordingly. Any changes will be reflected in the fee details shown in the app.

20.4 Prohibited Airport Activities

Driving Users are prohibited from soliciting passengers at airport premises outside of the designated rideshare pickup areas. Failure to comply with airport rules may result in suspension or termination of access to the Take Fleet platform.

20.5 Airport-Specific Rules

Certain airports may have additional requirements for rideshare drivers, including permits, registration, or designated queue systems. Driving Users are responsible for ensuring compliance with airport-specific regulations before accepting airport-based rides.

21. Nondiscrimination and Accessibility Policy

21.1 No Discrimination

Users shall not be denied service or merchandise based on race, national origin, religion, sex, gender identity, age, sexual orientation, marital status, medical condition, disability, or any other protected characteristic under applicable laws.

21.2 No Additional Fees for Disabilities

Take Fleet will not impose extra charges on Users with disabilities or medical conditions. Driving Users may not charge additional fees based on a User’s disability or condition.

21.3 Wheelchair Accessibility

Passenger Users may indicate if they require a wheelchair-accessible vehicle. Driving Users must accommodate such requests safely, or cancel the ride and report to Take Fleet if unable to do so.

21.4 Service Animals

Users must allow service animals in vehicles and may not refuse service based solely on the presence of a service animal.

22. Records Maintenance Guidelines

22.1 Zero Tolerance Policy Records

Take Fleet will retain records related to the enforcement of our zero tolerance policies for at least two years.

22.2 Trips and Transactions Records

Records of trips and transactions will be maintained for at least one year.

22.3 Former Users Records

Records concerning former Users will be retained for at least one year following account termination.

22.4 Information Included in Records

Such records may include driving histories, transaction details, User identities, locations, durations, payments, communications, ratings, and reports.

23. Term and Termination

23.1 Effective Date and Duration

This Agreement becomes effective upon your use of our services and remains in effect until terminated by you or Take Fleet.

23.2 Termination by Take Fleet

Take Fleet may immediately terminate your account if you:

23.3 Notice of Breach

Take Fleet may notify you of a breach and provide a period during which you may remedy the violation.

23.4 Surviving Provisions

Provisions regarding governing law, intellectual property, confidentiality, indemnification, limitation of liability, and privacy shall survive termination of this Agreement.

24. Miscellaneous

24.1 Entire Agreement

This Agreement constitutes the entire agreement between you and Take Fleet regarding its subject matter and supersedes all prior agreements.

24.2 Severability

If any provision of this Agreement is held invalid, the remaining provisions shall remain in full force.

24.3 Assignment

Take Fleet may assign this Agreement at its discretion without your consent. You may not assign it without our prior written approval.

24.4 Notices

Notices to Take Fleet must be sent to the address listed on our website. Notices to you will be provided through our applications or via your registered contact information.

24.5 Headings

Headings are for reference only and do not affect the interpretation of this Agreement.

24.6 Waiver

Failure to enforce any provision does not constitute a waiver of future enforcement.

24.7 Statute of Limitations

Any claim arising from this Agreement must be filed within two years of the date the claim arose.

24.8 Force Majeure

Take Fleet is not liable for delays or failures in performance due to causes beyond our control, including natural disasters, government actions, or other unforeseen events.

25. Governing Law; Venue

This Agreement is governed by the laws of the State of Indiana without regard to conflict of law principles. All legal actions arising hereunder shall be brought in the courts located in St. Joseph County, Indiana.

26. Take Fleet Privacy Policy

The Take Fleet Privacy Policy (“Privacy Policy”) is incorporated into this Agreement and describes how we collect, use, protect, and share your personal information. By using our services, you consent to the practices outlined in the Privacy Policy.

26.1 Purpose

We collect personal information to provide and improve our services, maintain security, and comply with legal obligations.

26.2 No Users Under Eighteen

Take Fleet does not knowingly collect personal information from individuals under 18 years of age. If such information is discovered, it will be promptly deleted and access terminated.

26.3 Information Collected

26.3.1 Registration Information

When registering, Users provide information including:

26.3.2 Information Collected During Use

We collect information such as:

26.3.3 Third-Party Sources

We may obtain information from third parties (e.g., Checkr) to ensure User safety and compliance.

26.4 Use of Collected Information

26.4.1 Provide and Improve Services

Your information is used to verify identities, maintain accounts, facilitate rides and transactions, calculate fares, process payments, and develop new features.

26.4.2 Maintain Security and Safety

We use your information to authenticate Users, prevent fraud, verify vehicle and insurance compliance, and investigate incidents.

26.4.3 Customer Support

Your information is used to provide support and resolve issues.

26.4.4 Legal Compliance

We may disclose your information to comply with legal obligations or law enforcement requests.

26.5 Sharing of Collected Information

26.5.1 Between Users

During rides or transactions, certain information (such as pickup and destination locations, ratings, names, and phone numbers) may be shared with relevant Users.

26.5.2 With Third-Party Service Providers

We share your information with third-party providers for background checks, payment processing, insurance claims, fraud detection, and customer support.

26.5.3 For Legal Reasons

We may disclose your information as required by law or to protect our rights.

26.6 Links to Third-Party Apps or Websites

Our applications may contain links to third-party websites. We are not responsible for the privacy practices of these sites.

26.7 Storage and Protection of Information

26.7.1 Retention

We retain your personal information as long as necessary to provide our services and comply with legal obligations. Requests for deletion may result in loss of service.

26.7.2 Security Measures

We employ reasonable security measures to protect your personal information, though no system is completely secure.

26.8 Rights and Choices Regarding Information

26.8.1 Access and Control

You can access and manage your personal information through your Take Fleet account.

26.8.2 Deletion Requests

You may request the deletion of your account and personal information, subject to our legal retention obligations.

26.9 Contact Information

For questions regarding this Privacy Policy, please contact us at privacy@take-fleet.com.

By using our services, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions and the Privacy Policy.

27. Indiana-Specific Provisions

27.1 Business Registration and Compliance

Take Fleet, Inc. is incorporated as a Delaware C Corporation and is registered as a foreign entity to operate in Indiana. We comply with all Indiana state business registration requirements.

27.2 Vehicle Equipment Compliance

All Driving Users must ensure that their vehicles fully comply with Indiana state vehicle equipment laws and regulations. This includes, but is not limited to, the proper functioning of brake lights, mirrors, tires, and any other safety equipment required by state law.

27.3 Indiana Insurance Requirements

In addition to the general insurance requirements set forth in Section 19, Driving Users operating in Indiana must maintain insurance that meets or exceeds the following statutory minimums:

Insurance coverage must be provided by an insurer licensed in Indiana. Drivers must ensure their commercial policy fully meets these requirements.

27.4 Compliance with Indiana TNC Regulations

Take Fleet and its Driving Users shall comply with all applicable Indiana Transportation Network Company regulations, including Indiana Code IC 8-2.1-32. This includes adherence to insurance, vehicle equipment, and operational standards.

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