The app does use third-party services that declare their Terms and Conditions.

Link to Terms and Conditions of third-party service providers used by the app

• Google
• Facebook

Acceptable Use

You agree that you will not use the Platform in violation of any part of these Terms. You may only use this Platform for its normal and intended purpose. You are not allowed to use this Platform to violate any law anywhere or violate any third party’s rights. Specifically, you are prohibited from:

1. Transmitting unsolicited commercial email messages to users of the Platform;
2. Imposing a disproportionate load on the Platform or its server infrastructure, whether through a denial of service attack or otherwise;
3. Attempting to interfere with the operation of the Platform in any way;
4. Circumventing the Platform’s technological protection or security mechanisms;
5. Using a spider, scraper, or other automated technology to access the Platform;
6. Attempting to gain access to the personal, personally identifiable, or payment information of a user of the Platform;
7. Posting or transmitting content through the Platform that is harassing, threatens or encourages bodily harm, constitutes hate speech, or advocates for the destruction of property;
8. Posting or transmitting content through the Platform that infringes upon the rights of third parties, including intellectual property or other personal or proprietary rights;
9. Posting or transmitting content through the Platform that amounts to fraud, a phishing scam, a pyramid scheme, or a chain letter;
10. Posting or transmitting content through the Platform that is obscene, lewd, lascivious, or otherwise illegal.
11. Harass, stalk, or defame any other Kerbz user or collect or store any personally identifiable information about any other user other than for purposes of transacting as a host or driver in accordance with these Terms
12. Treat anyone differently based on the way they look, who they love, what they believe, how they self-identify, where they are from, or when they were born. Discrimination of any kind is not tolerated in the Kerbz community
13. Contact another Kerbz user for any purpose other than in relation to a booking, vehicle, listing, or the use of the Platform by such user
14. Commercialize any content found on the Platform or software associated with the Platform, including reviews
15. Harvest or otherwise collect information about users without their and our consent, including but not limited to conducting background checks
16. Recruit or otherwise solicit any user to join third-party services or websites that are competitive to Kerbz, without our prior written approval
17. Interfering with any other user’s listings
18. Using, displaying, mirroring, or framing the Platform or any individual element within the Platform, the Kerbz name, any Kerbz trademark, logo, or other proprietary information, or the layout and design of any page or form contained on a page in the Platform, without the express written consent of Kerbz
19. Accessing, tampering with, or using non-public areas of the Platform, our computer systems, or the technical delivery systems of our service providers
20. Avoiding, bypassing, removing, deactivating, impairing, descrambling, or otherwise circumventing any technological measure implemented by Kerbz or any of our service providers or any other third party (including another user) to protect the Platform
21. Forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way using the Platform to send altered, deceptive, or false source-identifying information

Violations of system or network security may result in civil or criminal liability. We will investigate occurrences that may involve these violations. We may involve law enforcement authorities in prosecuting users who are involved in such violations.

User Generated Content

The Kerbz Adventure Platform and App provides opportunities for you to either communicate with us and other uses such as on a forum. It also provides the opportunity for you to enter other content like vehicle photos, avatars, or other information to the website/app. This is called “User Generated Content.” When you submit content, you agree to abide by the following terms:

1. You represent and warrant that:
   • a. you have all necessary authority to grant the license established here and to submit, post, email, upload, transmit or otherwise make available (“Submit” or “Submitted”) the content Submitted by you; and
   • b. content Submitted by you does not violate, misappropriate or infringe any right of any kind, including intellectual property rights, of any third party.
2. You will not to use this Platform or service to Submit content that:
   • you do not have a right to make available under any law or under contractual or fiduciary relationships (including, but not limited to, insider information or proprietary and confidential information);
   • promotes or contains information that you know, or should know, is false or misleading;
   • furthers or promotes any criminal activity or provides instructional information about criminal or otherwise illegal activities;
   • contains a photograph(s) of, or information about, another person that you have posted without that person’s consent;
   • contains viruses, Trojan horses, worms, or any other disruptive or harmful component;
   • is transmitted in an attempt to impersonate another member or person.
3. You are solely responsible for determining whether content Submitted while using this Platform or services complies with all the terms above in Paragraphs 1 & 2.
4. You acknowledge that Kerbz does not endorse any content or any opinion expressed in content Submitted by you. Kerbz expressly disclaims any and all liability in connection with your use of the Platform and any content you Submit to the Platform. You acknowledge that the materials and opinions expressed or included in any content Submitted by you or other users are not necessarily those of Kerbz.
5. By Submitting content to the Platform, you are granting to us a non-exclusive, royalty-free, perpetual, irrevocable and fully assignable and sublicensable right to that content. These licensed rights include the rights to use, reproduce, modify, adapt, publish, translate, edit, reformat, create derivative works from, distribute and display that content throughout the world for any purpose and in any media (including for advertising or other commercial use). This means you are not entitled to any compensation or reimbursement of any kind from Kerbz or its affiliates at all for your Submitted content. The licensed rights include, without limitation, any intellectual property rights and any other rights. These rights apply to anything included in the content including your name, voice, and likeness, and any net promoter score questionnaire responses. You are also granting to us the non-exclusive right to seek to protect this content as our own and seek damages or other remedies for unauthorized use of this content. If we publish your content in any way it may or may not be attributed to you by name and city (if provided to us). It also may or may not be attributed to you by your Platform username (if you have one). Further, we will be free to use any ideas of any kind contained in Submitted content for any purpose whatsoever.
6. You will not attempt (or encourage or authorize others to attempt) to circumvent, reverse engineer, decrypt, break or otherwise alter or interfere with the Kerbz Platform or services, and you agree to notify us immediately if you are aware of such an attempt.
7. You acknowledge and agree that Kerbz has no obligation to review or monitor content Submitted by you. You also acknowledge that Kerbz is merely acting as a passive conduit and is not undertaking any obligation or liability relating to your content or your activities or the content and activities of other users of the Platform.
8. Despite, Paragraph 7, Kerbz reserves the right to alter, edit, refuse to post or remove any content Submitted by you, in whole or in part, for any reason or for no reason. Kerbz has no obligation to use or respond to any content Submitted by you or others. If you feel that Submitted content is objectionable, you can report it to us. We will review the material, and if appropriate, may remove or edit the material. However, these options may not be available or may not occur immediately.
9. You acknowledge and agree that you have no ownership claim in any compilation of data or information that is created by Kerbz that incorporates information, photographs, data or other materials that you Submitted. You acknowledge and agree that we may use any such Submitted information in a compilation and that Kerbz is the sole owner of any such compilation of Submitted information.

KERBZ ADVENTURES DOES NOT PROMISE THE SITE, ANY CONTENT, SERVICE OR FEATURE WILL BE ERROR-FREE OR UNINTERRUPTED. WE ALSO DO NOT GUARANTEE THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. ALL CONTENT PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE.

KERBZ ADVENTURES CANNOT ENSURE ANY CONTENT, FILE OR OTHER DATA DOWNLOADED FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. YOU ARE RESPONSIBLE FOR IMPLEMENTING YOUR OWN DATA SECURITY SAFEGUARDS.

KERBZ ADVENTURES DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. KERBZ ADVENTURES DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY SERVICES.

YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST KERBZ ADVENTURES IF YOU ARE UNHAPPY WITH THE SITE IS TO STOP USING THE SITE.

Release of waiver of liability, assumption of risk and Indemnity while participating in motorsports activities.

While renting a vehicle on Kerbz, Users agree to the following waiver of liability:

IN CONSIDERATION of being permitted to compete, or officiate, observe, work for, or participate in any way in REGISTERED EVENTS and/or being permitted to enter for any purpose any RESTRICTED AREA(S) (defined to be any area which requires special authorization, credentials, or permission to enter or any area to which admission by the general public is restricted or prohibited), I, for myself, my personal representatives, heirs, and next of kin:

1. Acknowledges, agrees, and represents that he/she has or will immediately upon entering any of such RESTRICTED AREAS, and will continuously thereafter, inspect the RESTRICTED AREAS which he enters, and he further agrees and warrants that, if at any time, he is in or about RESTRICTED AREAS and he feels anything to be unsafe, he will immediately advise the officials of such and if necessary will leave the RESTRICTED AREAS and/or refuse to participate further in the EVENT(S). The undersigned further affirms that he/she has not been diagnosed with, demonstrated any symptoms of or have in any way been exposed to any communicable diseases (including but not limited to COVID-19) within the past thirty days.

2. Acknowledges that he/she is aware that by entering the premises and participating in the EVENT(S) that there are risks to me and to those whom I interact of exposure, directly or indirectly, to communicable disease(s), viruses, bacteria, pathogens including but not limited to the virus “severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2)”, “COVID-19” and/or any mutation or variation thereof;

3. HEREBY RELEASES,WAIVES, DISCHARGES AND COVENANTS NOT TO SUE the Kerbz Adventures, Inc., promoters, participants, racing associations, sanctioning organizations or any subdivision thereof, track operators, track owners, officials, car owners, drivers, pit crews, rescue personnel, any persons in any RESTRICTED AREA, sponsors, advertisers, owners and lessees of premises used to conduct the EVENT(S), premises and event inspectors, surveyors, underwriters, consultants and others who give recommendations, directions, or instructions or engage in risk evaluation or loss control activities regarding the premises or EVENT(S) and each of them, their directors, officers, agents, employees, representatives, owners, members, affiliates, successors and assigns all for the purposes herein referred to as “Releasees,” FROM ALL LIABILITY TO THE UNDERSIGNED, his personal representatives, assigns, heirs, and next of kin FOR ANY AND ALL LOSS OR DAMAGE, AND ANY CLAIM OR DEMANDS THEREFOR ON ACCOUNT OF INJURY OR ILLNESS TO THE PERSON OR PROPERTY OR RESULTING IN DEATH OF THE UNDERSIGNED ARISING OUT OF OR RELATED TO THE EVENT(S), WHETHER CAUSED BY THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE.

4. HEREBY AGREES TO INDEMNIFY AND SAVE AND HOLD HARMLESS the Releasees and each of them FROM ANY LOSS, LIABILITY, DAMAGE, OR COST they may incur arising out of or related to the UNDERSIGNED’S INJURY, ILLNESS OR DEATH, WHETHER CAUSED BY THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE.

HEREBY acknowledges that THE ACTIVITIES OF THE EVENT(S) ARE VERY DANGEROUS and involve the risk of serious injury and/or death and/or property damage. Each of THE UNDERSIGNED, also expressly acknowledges that INJURIES RECEIVED MAY BE COMPOUNDED OR INCREASED BY NEGLIGENT RESCUE OPERATIONS OR PROCEDURES OF THE RELEASEES.

HEREBY ASSUMES FULL RESPONSIBILITY FOR ANY RISK OF BODILY INJURY, ILLNESS, DEATH OR PROPERTY DAMAGE arising out of or related to the EVENT(S) whether caused by the NEGLIGENCE OF RELEASEES or otherwise. HEREBY agrees that this Release and Waiver of Liability, Assumption of Risk and Indemnity Agreement extends to all acts of negligence by the Releasees, INCLUDING NEGLIGENT RESCUE OPERATIONS and is intended to be as broad and inclusive as is permitted by the laws of the State or Province in which the Event(s) is/are conducted and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.

Other legal matters

Violations. Kerbz has the right, but not the obligation, to investigate, pursue, and seek to prosecute, litigate, or refer to law enforcement, violations of the Agreement to the fullest extent permissible by the law.

Kerbz reserves the right, at any time and without prior notice, in accordance with applicable law, to remove or disable access to any content that Kerbz, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms, or otherwise harmful to the Platform or our community. If we believe you are abusing Kerbz, our users, or any other person in any way or violating the letter or spirit of any of these Terms, we may, in our sole discretion and without limiting other remedies, limit, suspend, or terminate your Kerbz Account and access to the Platform, remove hosted content, deny a damage claim, remove or demote your listings, reduce or eliminate any discounts, and take technical and/or legal steps to prevent you from using the Platform. Additionally, we reserve the right to refuse or terminate access to the Platform to anyone for any reason at our discretion to the full extent permitted under applicable law.

Policy enforcement. When an issue arises, we may consider the user’s performance history and the specific circumstances in applying our Policies. We may choose to be more lenient with policy enforcement in an effort to do the right thing, subject to our sole and absolute discretion.

Communications with you. You agree that Kerbz may contact you by electronic means (e.g., electronic mail; notifications via Kerbz messaging; app notification) in lieu of any requirement for mailed notices. To contact you more efficiently, you agree that we may at times also contact you using autodialed or prerecorded message calls or text messages at your phone number(s). We will not place such calls for marketing purposes. Rather, we may only place such calls or texts to confirm your signup, provide notices regarding your Kerbz Account or Kerbz Account activity, investigate or prevent fraud, collect a debt owed to us or recover unpaid invoices, or communicate urgent messages. We may share your phone number(s) with service providers with whom we contract to assist us in pursuing these interests. We will not share your phone number(s) with third parties for their own purposes without your consent. Standard telephone minute and text and data charges may apply. Where Kerbz is required to obtain your consent for such communications, you may choose to revoke your consent. You agree that Kerbz may contact you on any day, at any time of day, and in relation with the above purposes.

You authorize Kerbz and our service providers, without further notice, to monitor or record telephone conversations or web chat interactions you have, or anyone acting on your behalf has, with Kerbz or its agents for quality control, training, or other purposes. You understand and agree that your communications with Kerbz may be overheard, monitored, or recorded. If you do not wish to have your call recorded, please contact us If you do not wish to have your chat activity recorded or monitored, please do not use the chat function on the Platform.

Non-disparagement. The Parties agree that they will not take any action that will harm the reputation of the other Party, or which would reasonably be expected to lead to unwanted or unfavorable publicity to either of the other Party.

Insurance and protection plans. Kerbz is not an insurance company and does not insure hosts or drivers. Host and driver protection plans made available through the Platform are in no way related. To be eligible for the benefits of a protection plan, hosts and drivers must comply with these Terms. Protection plans are available through the Platform only in the United States. Please refer to the specific terms for drivers and specific terms for hosts sections below for additional information based on the nature of your use of the Platform.

Specific terms for drivers

The following sections also apply if you book a vehicle using the Platform:

Driver commitments

As a driver, you commit that you will be a legally licensed driver and provide proof to the host or via the Platform of a current, valid driver’s license. You will treat the vehicle and any applicable Extras well and will take all reasonable measures to return the vehicle and any applicable Extras on time and in essentially the same condition as received. You will not allow anyone other than a person listed in the event details as an Approved Driver to drive the vehicle you booked.

Driver financial responsibility for physical damage to the vehicle

The driver that booked the event (“primary driver”) is financially responsible for all physical damage to or theft of a booked vehicle that occurs during an event, plus any additional costs and fees resulting from damage of any kind to the vehicle, regardless of who is found to be at fault. This responsibility applies whether the primary driver has their own track insurance or not.

Primary drivers may be insured against damage to the booked vehicle under their own track insurance policies. When you book a vehicle on Kerbz, you agree that if any damage occurs to the booked vehicle during the booked event, you will work with Kerbz to make a claim for coverage under any policy of insurance that applies to the loss.

The primary driver can limit the amount they are obligated to pay out of their own pocket in the event there is damage to the booked vehicle during the booked event by choosing a protection plan on the Platform. The limitation on the amount a primary driver may have to pay out of pocket included in any protection plan only applies (1) if the primary driver and any Approved Driver abide by these Terms and (2) to physical damage that is not mechanical or interior damage.

When you book a vehicle on the Platform, you must use the vehicle only for your personal or professional use and not for any commercial purposes (e.g. those that require a commercial driver's license) unless you have express written permission from the Kerbz Legal Department in advance or as otherwise described here. You may not access a vehicle until the event start time and you must return the vehicle on time and to the correct location. You must present the host with a current, valid driver’s license. You must exercise reasonable care in your use of the vehicle. You are always required to operate the vehicle safely, and in compliance with all applicable laws, including without limitation, speed limits and prohibitions on impaired or distracted driving. In the event Kerbz has any concern about your use of a vehicle, Kerbz may terminate your event in its discretion at any time and require the return of the vehicle, including recovering the vehicle on behalf of the host. You are required to wear seat belts during the operation of the vehicle and to require that all of your passengers wear seat belts. You must not leave the car unlocked or with the keys unsecure (such as in the ignition). You must not engage in any prohibited uses with any vehicle you book through the Platform. The prohibited uses list is not meant to be exhaustive. If you have any concerns about your planned use, please contact our support team. If you misuse a vehicle, you will be fully financially responsible for any related claims, loss, or damage, and your protection plan may be voided. Drivers also acknowledge that using a vehicle in a prohibited manner or otherwise breaching the Agreement may lower available liability coverage to legal minimum limits, or nullify coverage, and may furthermore nullify any comprehensive or collision protection and/or protection plan where allowed by applicable law.

Telematics notice and release. Vehicles booked on Kerbz may have features or an on-board device that may monitor the state of the vehicle from moment to moment, during an event. The non-personal information collected by the features or on-board device may include, for example, a vehicle’s condition; damage and accident records; performance, operation, and diagnostic data; and information on mileage, acceleration, velocity, fuel consumption, fuel level, tire pressure, odometer, location and direction, and other vehicle information (“Vehicle Data”). Use of the features or on-board device is subject to the terms and conditions posted by the vehicle manufacturer or technology provider, which may include system and service limitations, warranty exclusions, limitations of liability, wireless service provider terms, privacy practices, descriptions of use and sharing of information, and user responsibilities. Unless prohibited by law, you authorize the use or disclosure of or access to the Vehicle Data and you shall inform any Approved Driver and passengers of the terms of this section. You release the host and agree to indemnify, defend and hold harmless host, operator of the features or on-board devices, wireless carrier(s) and other suppliers of components or services and their respective employees, officers, directors and agents from any damage (including incidental and/or consequential damages) to persons (including without limitation you, an Approved Driver, and passengers) or property caused by failure of the features or on-board device to operate properly or otherwise arising from the use of the feature or on-board device by you, an Approved Driver, or passengers.

Condition of the vehicle and optional Extras

You understand that third parties own the vehicles and Extras offered through the Platform. Each host is responsible for complying with all requirements (including ensuring the vehicle is insured) and maintaining their vehicle(s) in safe. Please complete a visual inspection as well as review the tech inspection sheet submitted by the Host before you begin your use of the vehicle. If you find damage in your initial inspection, you should upload photos of such pre-existing damage at the start of your reservation as described here to ensure you are not held responsible for pre-existing damage. If you find damage on your initial inspection and fail to report it, Kerbz, third-party administrators, or insurance partners, may assume that the damage occurred during your reservation period. If, after your initial inspection, you believe that the vehicle is not safe to drive, please do not use the vehicle; instead, please contact us immediately.

No responsibility for shared vehicles or personal belongings

You acknowledge that Kerbz is not responsible and shall not be liable for the safety, or legal status (e.g., whether the vehicle is legally registered or the subject of a stolen vehicle report) of any vehicles shared via the Platform. Rather, hosts have sole responsibility to ensure their vehicles are in safe and operable condition, legally owned to be driven on the race track, not subject to a missing or stolen vehicle report, not subject to any applicable safety recalls, and otherwise satisfy our vehicle eligibility requirements. You also acknowledge and agree that neither Kerbz nor hosts are responsible for lost or stolen property left in any vehicle or taken or damaged during an event.

Incident reporting

Where you elected for a protection plan when booking your event via the Platform, you must immediately report any damage to the vehicle you are using to Kerbz at support@kerbz.app. You will need to use all reasonable efforts to secure evidence from any available witnesses and to provide Kerbz or third-party claims administrators with a written description of the incident and any other information requested, including identity and insurance information of any parties involved in the incident. You are also required to cooperate in any loss investigation conducted by Kerbz, third party claims administrators, or insurers. After an incident involving anything more than minor vehicle damage (e.g., small dent or scratch), you may not continue to use the vehicle unless you have the explicit permission of Kerbz staff. Failure to timely report an incident or cooperate in an investigation may reduce or invalidate any protection plan received via the Platform.

Vehicle theft

The following conduct may result in the reporting of the vehicle you have booked as stolen to law enforcement, possibly subjecting you and any other driver to arrest, and civil and/or criminal penalties, and the voiding of your protection plan:

• If you fail to return the vehicle you booked at the time and place agreed upon with the host and/or designated in your reservation
• If you do not return the vehicle by the end of the reservation period and you have not properly obtained an extension of the reservation through the Platform as set forth in the Cancellation Policy
• f the vehicle is returned to any place other than the return location on the reservation or agreed upon with the host. Any damage to, or loss or theft of, a vehicle occurring prior to the host inspecting the vehicle upon return at the end of the reservation is the driver’s responsibility
• If you misrepresent facts to the host pertaining to booking, use, or operation of vehicle
• If the vehicle’s interior components, are stolen or damaged, or the vehicle itself is stolen or damaged when the vehicle is left unlocked or running or unattended with the keys not secured during reservation period
• If you fail or refuse to communicate in good faith with the host, police, Kerbz, or other authorities with a full report of any accident or vandalism involving the vehicle or otherwise fail to cooperate in the investigation of any accident or vandalism
• If the vehicle is operated by anyone who has given a fictitious name, false address, or a false or invalid driver’s license, whose driver’s license becomes invalid during the reservation period, who has obtained the keys without permission of the host, or who misrepresents or withholds facts to/from the host or Kerbz material to the booking, use, or operation of vehicle

The primary driver who books the reservation is responsible for any private investigation costs Kerbz deems necessary to recover a vehicle that is not returned. In addition, a $500 case administration fee will be imposed on the primary driver if Kerbz and/or the host has to report a vehicle as stolen to law enforcement due to it not being returned.

Repossession. Kerbz, a hired agent of Kerbz, or the host may repossess any vehicle booked through the Platform without demand, at the driver’s expense, if the vehicle is not returned by the end of the reservation, is found illegally parked, apparently abandoned, or used in violation of applicable law or these Terms.

Missing Vehicles. If a vehicle you have booked through the Platform goes missing and/or is stolen during the reservation period (or extension period), you must immediately return the original ignition key to the host, file a police report immediately after discovering the vehicle is missing or stolen, but in no event more than 12 hours after discovering it has gone missing, and cooperate fully with the host, law enforcement, Kerbz, and other authorities in all matters related to the investigation.

Specific terms for hosts

The following sections also apply if you share your vehicle through the Platform:

Host commitments

As a host, you commit that you will provide a safe and legally owned vehicle, and in good mechanical condition. You will provide such vehicle on time but only to a driver who is listed on the Platform as an Approved Driver for the event. Other than what is required for you to verify a driver’s license, you will not collect any information or documentation from your driver at check-in, including driver personal auto insurance. You agree not to use any driver information made available to you by using the Platform to collect additional personal data about driver(s), including but not limited to conducting background checks. You commit that your listings will be complete and accurate and you will honor all representations made in your listings, including honoring the price quoted to a driver. In the event of a vehicle swap, you will not require a driver to accept a higher priced vehicle or force an unwanted vehicle upgrade. You will not cancel a booking for the purpose of seeking a higher price from a driver. You will not require a deposit of any kind outside of the Platform. You will not offer any vehicle or optional Extra that you do not yourself own or have authority to share or that may not be shared for compensation pursuant to the terms and conditions of any agreement with a third party, including, but not limited to, a lease or financing agreement. If your vehicle is subject to a lease, loan, or other financing agreement, you must confirm sharing your vehicle on Kerbz does not violate the terms of the contract with the lienholder. You will not offer any Extra that is not safe, clean, and acceptable for the use it is intended. You will not offer any vehicle that is the subject of a missing or stolen vehicle report. You will not offer any vehicle that is the subject of a safety recall without first properly addressing the matter subject to the recall. You will remove any firearms or other weapons from your vehicle prior to providing it to a driver. You will repay loans related to your Kerbz business on time and in full. When you direct Kerbz to retrieve your account information from third parties, including but not limited to toll agencies, you grant Kerbz a limited power of attorney to access the third-party services to retrieve such account information; Kerbz will be acting as your agent and will not be acting on behalf of the third party.

Vehicle information given at listing; listing conditions

When you sign up for Kerbz, you will identify passenger vehicle(s) that you want to list for sharing through the Platform. You may only use the Platform in connection with vehicles that you own or otherwise have all the necessary rights and permissions to share for compensation. If the vehicle you list on the Platform is enabled with a device or OEM technology capable of determining location of the vehicle, collecting telematics data, disabling technology, or image capturing you agree to comply with the requirements for tracking and technology devices and applicable law.

The following criteria are used for ‘relevance’ ranking of search results: a driver’s search parameters; vehicle location, details, price, delivery conditions, and relevance to a driver’s search; your ratings and commitment rate; All-Star Host status; and the number of listings that meet the parameters of a driver’s search. You cannot pay to have your listing rang higher and we do not offer sponsored listings.

Kerbz photography

Kerbz may offer hosts the option of having photographers take photographs of their vehicles and/or hosts with their vehicles (“Images”). You alone are responsible for using the Images in connection with your Kerbz listing and you agree that you will cease using the Images if they no longer accurately represent your vehicle. You agree that Kerbz is the sole and exclusive owner - or exclusive licensee, as allowed by applicable law - of all right, title, and interest in all copyrights, trademark rights, and any and all other intellectual property rights, including right of publicity, worldwide, in the Images regardless of whether you include them in your listing, and you shall take no action to challenge or object to the validity of such rights or Kerbz’s ownership or registration thereof. You acknowledge that Kerbz may use the Images for advertising, marketing, commercial, and other business purposes in any media or platform, whether in relation to your listing or otherwise, without further notice or compensation. Further, you waive any and all rights to royalties or moral rights you may have in the Images. If you use the Kerbz photography program, you agree that you will not use the Images in connection with sharing your vehicle on any platform, website, or application other than Kerbz. At Kerbz’s request, you will execute documents and take such further acts as Kerbz may reasonably request to assist Kerbz to acquire, perfect, and maintain its intellectual property rights and other legal protection in the Images.

Maintenance

You are required to regularly check your vehicle for any defects in its operations or safety. You promise that, at all times, your vehicle will be in safe and trackworthy condition, in good mechanical condition, and in full compliance with all applicable inspection and registration requirements, including any required safety inspections. You agree to respond to any applicable recall or similar safety notices and to complete any recommended action before allowing your vehicle to be booked. In addition, if Kerbz believes that your vehicle does not conform to reasonable standards, Kerbz may notify you and reserves the right to remove or decline listing your vehicle until its concerns have been resolved. Kerbz may, but does not commit to, undertake efforts to ensure the safety of vehicles booked through the Platform. Learn more about our vehicle eligibility requirements here.

Co-hosting tools and hosting teams

Co-hosting tools are a set of tools available through the Platform that allow hosts to organize their Co-hosts into teams and enable Co-hosts to perform tasks for one or more vehicles. “Co-host” is anyone a host works with to manage their vehicles, including friends, family members, employees, or other Kerbz hosts and “Co-hosting services” means the support and assistance provided by Co-hosts on a host’s behalf.

Hosting teams permissions. By adding a Co-host to a hosting team, you represent and warrant that each such Co-host is authorized by you to act on your behalf and bind you, consistent with the level of permission granted in the co-hosting tools. You are responsible for the permissions you set for each Co-host and the authority you grant them in using the co-hosting tools for a vehicle listing.

Obligations of hosts and Co-hosts. You are responsible for your own acts or failures to act. To the maximum extent possible under applicable law, you are responsible for the acts and failures to act of your Co-hosts when acting as service providers to you. You are responsible for complying with laws, rules, and regulations that apply to the Co-hosting services. These may require you to obtain a permit or license before providing services or may classify a Co-host as an employee of a host. In no cases, are hosts or Co-hosts employees of Kerbz. You represent and warrant that you and those who work with you have all necessary permits, licenses, and/or insurance required.

Relationship of hosts and Co-hosts. Any agreement between a host and Co-host does not create an employment, agency, or other service relationship between Kerbz and any host or Co-host. A host and Co-host cannot create an agreement that conflicts with the Agreement or expands Kerbz’s obligations or restricts Kerbz’s rights under the Agreement. Kerbz has no control over your conduct and is not obligated to mediate disputes between hosts and Co-hosts or among Co-hosts. Any liability arising from or related to any agreement between hosts and Co-hosts is disclaimed by Kerbz to the maximum extent permitted by law.

Termination of Co-hosting services; effect. Hosts may remove any Co-host from a hosting team at any time. Co-hosts may remove themselves from a hosting team at any time. Kerbz may remove any Co-host from a host team or terminate access to the Co-hosting services if you fail to deliver to Kerbz, on request, up to date mandatory documentation relating to your relationship with Co-hosts, including social security or tax declarations. Upon removal of a Co-host, you remain responsible for all actions performed by the Co-host prior to removal.

Reporting vehicle damage

If you did not decline a protection plan made available via the Platform, and you believe that a driver has caused any damage to your vehicle, you are required to report that damage as soon as you become aware of it (and in any event, no more than 24 hours after the scheduled end of the event) and to provide reasonable cooperation in the investigation of the damage so that it can be eligible for coverage. Follow the process for reporting damage described here. Based on the investigation, Kerbz or third-party claims administrators will reasonably determine whether the damage occurred during the reservation period and is eligible for coverage. If it was, and you did not decline a protection plan made available via the Platform, you will be reimbursed for the loss as described in the sections below. If Kerbz is not given prompt notice as described in this paragraph, or if you do not provide reasonable cooperation in the investigation by Kerbz or third-party claims administrators, we may not be able to determine the cause. In that case, you agree that we may decline any reimbursement or coverage for such damage.

Physical damage to your vehicle

Physical damage reimbursement. The protection plans available to hosts in the US address the allocation of financial consequences of physical damage to the vehicle offered by a host during a event. Physical damage contractual reimbursement from Kerbz applies to your vehicle in the event of a collision and comprehensive events during the event, and is subject to terms and exclusions.

Actual cash value. If Kerbz, or third-party claims administrators, choose to pay you the actual cash value for your vehicle, you will be required to do one of the following at the sole discretion of Kerbz as a condition for receiving payment: (1) transfer title to the vehicle, and, if requested, physically deliver the vehicle to Kerbz or a third party appointed by Kerbz to accept title and physical delivery (if applicable); or (2) retain title to the vehicle and accept a reduction of the actual cash value equal to the salvage value of the damaged vehicle based on the highest third-party salvage quote that Kerbz obtains for the vehicle. The standard for determining the actual cash value will be as determined by Kerbz or its third-party claims administrators and in compliance with applicable law.

Exclusions to physical damage reimbursement and coverage. Protection plans selected by hosts on the Platform do not apply to:

1. Optional extras or personal property (e.g., lap timers), that are taken from your vehicle or damaged during a event. Remove all personal property before making your vehicle available for a reservation
2. Normal wear and tear to your vehicle

If you violate the Agreement, these Terms, or any of our Policies or if you submit inaccurate information about your vehicle when listing it on the Platform (for example, falsely represent the make, model, or year of the vehicle), any protection plan you selected will be voided. A protection will be voided under this provision even if the underlying circumstances are not directly related to the damage or harm at issue. You acknowledge that these provisions are material and that they serve to ensure your compliance. In the event your protection plan is voided, the remainder of the Agreement, these Terms, and Policies remain in effect.

Other host-specific insurance matters. Kerbz does not handle insurance claims and will not be able to assist you for use on public road.

Missing vehicles

If you selected a protection plan via the Platform and your vehicle goes missing, is not returned, and/or is stolen during the reservation period (or extension period), you, as the host, must immediately contact a Kerbz representative and follow his or her instructions, including cooperating with Kerbz, the police, and any other authorities in all related to the investigation of the theft. If you are instructed by Kerbz to file a police report, you must do so within 24 hours of receiving those instructions.

Indemnification of host

If you selected a protection plan via the Platform, in the event of any claim for a loss or injury that occurs during the use of your vehicle by a driver (or by Kerbz itself), subject to your compliance with these Terms and the Policies, Kerbz or its insurers will defend and indemnify you, subject to any exclusions or limitations in the policy or policies of insurance contained with the protection plan, against such claims as required by applicable law. In connection with any indemnified claim, you are required to give Kerbz or its insurers prompt written notice of the claim, allow Kerbz sole control over the defense of the claim, and provide Kerbz reasonable cooperation in its defense of the claim, at Kerbz’s expense. If Kerbz or its insurers reimburses you for a lost or damaged vehicle and you later receive payment for some or all of your vehicle from a third party (e.g. a third party insurance company or restitution), you must reimburse Kerbz any monies received from that third party in an amount equivalent to, but not to exceed, the funds provided to you by Kerbz.

Eligibility

The Platform are intended solely for drivers who meet our eligibility requirements in the location where the vehicle is booked and hosts who are 21 or older, Any use of the Platform by anyone that does not meet these eligibility requirements is expressly prohibited.

Vehicle availability

Once an event is booked, you must make the vehicle available or deliver the vehicle as expected by the driver. If you offer the driver the option to pick up your vehicle at a persistent specified location, you must supply the location of the vehicle accurately to Kerbz and ensure that the vehicle is available at that location at the beginning of the reservation period. In order to qualify for available protection plans, you must verify that a prospective driver has a current, valid driver’s license before you provide the driver your vehicle, and ensure the driver’s license matches the name on the reservation and that the person picking up the vehicle appears to match the photograph on a facially valid driver’s license.

Pricing, earnings, and payments

You will have the ability to set and revise the vehicle’s pricing as you choose. Kerbz will pay you the amount collected from drivers that book your vehicle, less the applicable fees payable to Kerbz. A description of fees can be found here. To the extent you owe Kerbz or any third party lender (including via Kiva Microfunds or LoanGlide) money for any reason, Kerbz also reserves the right to deduct those amounts from your earnings payment, debit your bank account, charge any of your payment methods on file, and/or send you an invoice.

Payment Processing. In some countries, payment processing services are provided by Stripe and subject to the Stripe Connected Account Agreement, which includes the Stripe Services Agreement (collectively, the "Stripe Terms"). In countries where you receive payment proceeds via Stripe, you agree to be bound by the Stripe Terms, which may be modified from time to time. You also agree that Kerbz is not liable in cases where Stripe processes a payment late or makes a mistake relating to a payment or a payment hold. As a condition of Kerbz enabling payment processing services through Stripe, you authorize Kerbz to obtain all necessary access and perform all necessary activity on your Stripe Connected Account to facilitate sharing of your vehicle. You further agree to provide accurate, complete, and updated information about you to Kerbz and Stripe. You acknowledge that Kerbz and Stripe are unrelated entities. You are responsible for separately updating Kerbz and Stripe when there are material changes to the information you have previously provided (e.g., business name, tax information, contact information). You authorize Kerbz to share such information and transaction information with Stripe for the purposes of facilitating the payment processing services provided by Stripe. Kerbz reserves the right to switch payment processing vendors at its discretion.

Registration

To access certain features of the Platform, you must sign up for an account with us (a “Kerbz Account”). You can create a Kerbz Account by providing us your first and last name, email address, mobile phone number, and creating a password or connecting through an account with a third-party site or service (including Apple, Facebook, and Google). When you book a vehicle as a driver (“driver”), you provide us with certain additional information about yourself. Similarly, when you list a vehicle as a vehicle owner or host (“host”), you provide us with certain additional information about yourself and your vehicle(s) (if applicable). You must provide accurate, current, and complete information during the registration, booking, and/or listing process. You must keep your Kerbz Account up to date at all times. Based on information you provide, Kerbz may impose additional requirements for you to book a event (e.g., providing a deposit, adding a second form of payment, buying a certain level of protection plan, or other requirements).

Verification

Where permitted, Kerbz has the right, but not the obligation, to undertake screenings, checks, and engage in processes designed to (1) help verify the identities or check the backgrounds of users, including driving history and driver’s license validity and (2) verify vehicle details. Kerbz does not endorse any vehicle, user, or a user’s background, or commit to undertake any specific screening process. Kerbz may in its sole discretion use third-party services to verify the information you provide to us and to obtain additional related information and corrections where applicable, and you hereby authorize Kerbz to request, receive, use, and store such information. Kerbz may permit or refuse your request to book or list a vehicle in its sole and absolute discretion. Kerbz may, but does not commit to, undertake efforts to ensure the safety of vehicles shared through the Platform. We do not make any representations about, confirm, or endorse the safety, race track worthiness, or legal status of any vehicles shared via the Platform. Rather, hosts have sole responsibility to ensure their vehicles are in safe and operable condition, to be driven on the race track, not subject to any applicable safety recalls.

Dispute resolution

PLEASE READ THIS SECTION CAREFULLY. IT CONTAINS A MANDATORY ARBITRATION PROVISION AND THEREFORE AFFECTS YOUR RIGHTS AND GOVERNS HOW CLAIMS YOU AND KERBZ HAVE AGAINST EACH OTHER ARE RESOLVED.

Subject to applicable law, the Parties agree that any disputes or claims between us relating in any way to, or arising out of, this or previous versions of these Terms, your use of or access to the Platform, or any breach, enforcement, or termination of the Agreement will be resolved in accordance with the provisions set forth in this Dispute resolution.

Pre-arbitration dispute resolution. Should a dispute or claim arise between us, you and Kerbz agree to notify the other Party of the nature of the dispute or claim prior to initiating arbitration, and the Parties will attempt to negotiate an informal resolution to it first. We will contact you at the email address you have provided to us; you can contact us by email at noticeofdispute@kerbz.app. Please provide your name, phone number, email, mailing address, and briefly describe both the nature of your dispute and the relief you would like from Kerbz. If the Parties are unable to resolve the claims described in the notice within 30 days after the notice is sent, then the Party intending to pursue arbitration agrees to notify the other Party via email prior to initiating the arbitration. In order to initiate arbitration, a claim must be filed with either FairClaims or the American Arbitration Association (“AAA”) as set forth below, pursuant to the FairClaims Rules or AAA’s Consumer Arbitration Rules, as appropriate. A form for initiating arbitration proceedings is available on the FairClaims website or AAA's website. (AAA provides a Demand for Arbitration form.) Any settlement offer made by you or Kerbz shall not be disclosed to the arbitrator.

Applicable law. The below Agreement to Arbitrate evidences a transaction involving interstate commerce and is therefore governed by the Federal Arbitration Act and the applicable procedural rules of FairClaims or AAA, as applicable (see "Arbitration procedures" below). To the extent state law is applicable to the Agreement to Arbitrate, the Parties agree that the substantive law of the state of Arizona will apply, without regard to its conflict of law provisions.

Agreement to Arbitrate. The Parties each agree that any and all disputes, claims, or controversies that have arisen or may arise at any time between you and Kerbz (including its respective subsidiaries, employees, officers, directors, agents, third-party insurance brokers or products, and third-party claims administrators) and/or any other Kerbz user will be resolved by binding arbitration according to the procedure set forth below. For the purpose of this Agreement to Arbitrate, “disputes," "claims,” and "controversies" shall have the broadest possible meaning that will be enforced and includes, any and all disputes and/or claims that arise out of or in any way relate to your relationship with Kerbz, including but not limited to: (1) your use of the Platform, (2) the Agreement, these Terms and/or this Agreement to Arbitrate, including the interpretation, validity, enforceability, or scope of this Agreement to Arbitrate, or (3) your use of, or access to the Platform, and anything sold, offered, or purchased through the Platform (such as booking, listing, or sharing a vehicle). Through this Agreement to Arbitrate, and subject to the below exceptions, the Parties intend to arbitrate all disputes or claims regardless of whether they are based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable theory and regardless of whether they arose or accrued before the Parties entered into this Agreement to Arbitrate. For avoidance of doubt, the Parties expressly agree that this Agreement to Arbitrate encompasses all disputes or claims pertaining to the validity, enforceability, or scope of this Agreement to Arbitrate and any such disputes or claims will be referred to binding arbitration and will be resolved by the arbitrator and not a court.

Exceptions to Agreement to Arbitrate The only exceptions to this Agreement to Arbitrate are as follows:

1. Disputes or claims that can be brought in small claims court
2. Injunctive or equitable relief to prevent the actual or threatened infringement, misappropriation, or violation of a Party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. However, the Parties agree that any court proceedings shall be stayed pending the final resolution in arbitration of any arbitrable claims or issues
3. Any cause of action or claim for relief which cannot be arbitrated as a matter of applicable statute or public policy. However, the Parties agree that any such court proceedings shall be stayed pending the final resolution in arbitration of any arbitrable claims or issues
4. In the event California law is found to apply to this Agreement to Arbitrate, any remedy of public injunctive relief (i.e., injunctive relief that has the primary purpose and effect of prohibiting unlawful acts that threaten future injury to the general public). However, the Parties agree that any such court proceedings shall be stayed pending the final resolution in arbitration of arbitrable claims, causes of action, or issues

Arbitration procedures. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and court review of an arbitration award is very limited. An arbitrator can award the same damages and relief on an individual basis that a court can award to an individual.

The arbitration will be conducted by FairClaims in accordance with its Arbitration Rules and Procedures effective at the time a claim is made. Where the relief sought is $25,000 or less (not including attorneys' fees and expenses), those Arbitration Rules and Procedures may limit the proceeding to a written submission and, if requested or at the arbitrator’s discretion, there may be a live hearing by teleconference or videoconference. Where the relief sought is $25,001 or more (not including attorneys’ fees and expenses), those Arbitration Rules and Procedures may provide for limited discovery and streamlined proceedings. In the event FairClaims declines to or is unable to adjudicate the claim, the arbitration will be conducted by the AAA under its Commercial Arbitration Rules, as modified by this Agreement to Arbitrate.

In all cases in which a live hearing is requested or required, you and/or Kerbz may attend by video or phone. To the extent a location must be established for the arbitration, it shall be held in the county in which you reside or at another mutually agreed location.

The arbitrator will decide the substance of all claims in accordance with applicable law, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different users but is bound by rulings in prior arbitrations involving the same Kerbz user to the extent required by applicable law. The arbitrator’s award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

Where permitted, the Parties agree that all communications, evidence, and rulings in the arbitration will remain confidential, except as reasonably necessary to enforce or implement such rulings or this Agreement to Arbitrate.

Costs of arbitration. If you initiate arbitration proceedings, you will be responsible for certain costs. Where the relief sought is $25,000 or less (not including attorneys’ fees and expenses), you will be responsible for the initial filing fee, capped at $375, and Kerbz will cover any additional fees or costs. Where the relief sought is $25,001 or more (not including attorneys’ fees and expenses), you and Kerbz will each pay your own arbitration fees consistent with the rules set by FairClaims (or AAA, as applicable) at the time the claim was made, unless otherwise stated in these Terms.

Severability. With the exception of the provisions in the below section “Prohibition of class and representative actions and non-individualized relief,” if an arbitrator or court decides that any part of the Agreement to Arbitrate is invalid or unenforceable, the other parts of the Agreement to Arbitrate shall still apply. If an arbitrator or court decides that any of the provisions in the section “Prohibition of class and representative actions and non-individualized relief” is invalid or unenforceable, then the entirety of the Agreement to Arbitrate shall be null and void. The remainder of the Agreement, these Terms, and dispute resolution section will continue to apply.

Right to opt-out of arbitration; procedure. IF YOU ARE A NEW KERBZ USER, YOU CAN CHOOSE TO OPT-OUT OF THE AGREEMENT TO ARBITRATE BY EMAILING US AN OPT-OUT NOTICE TO HELLO@KERBZ.APP ("OPT-OUT NOTICE"). THE OPT-OUT NOTICE MUST BE RECEIVED WITHIN 30 DAYS AFTER THE DATE YOU ACCEPT THESE TERMS FOR THE FIRST TIME OR BEFORE THE COMMENCEMENT OF YOUR FIRST TRIP ON KERBZ AS A GUEST OR HOST, WHICHEVER DATE IS EARLIEST. In order to opt-out, you must email your full name, address (including street address, city, state, and zip/postal code), and email address(es) associated with your Kerbz Account to arbitrationoptout@kerbz.com. This procedure is the only way you can opt out of the Agreement to Arbitrate. If you opt out of the Agreement to Arbitrate, all other provisions of the Agreement will continue to apply to you, including the below forum selection clause specifying Phoenix, Arizona.

Future amendments to the Agreement to Arbitrate. Notwithstanding any provision in these Terms to the contrary, the Parties agree that if Kerbz makes any amendment to the Agreement to Arbitrate in the future, that amendment shall not apply to any claim that you filed against Kerbz prior to the effective date of the amendment. The amendment shall apply to all other disputes or claims governed by the Agreement to Arbitrate that have arisen or may arise between the Parties. If you do not agree to the amended terms, you may close your account within 30 days of our posting or notification and you will not be bound by the amended terms; provided that the Parties will arbitrate any dispute in accordance with the provisions of the Agreement to Arbitrate as of the date you last accepted these Terms (or accepted any subsequent changes to these Terms). Once you have submitted a valid Opt-Out Notice to Kerbz, you do NOT need to submit another one when these Terms are subsequently updated. Your first Opt-Out Notice will serve as a valid as to future versions of these Terms.

Judicial forum for legal disputes not subject to arbitration. Unless the Parties agree otherwise, in the event that the Agreement to Arbitrate is found not to apply to you or to a particular claim or dispute, whether (1) as a result of your decision to opt out of the Agreement to Arbitrate, (2) as a result of a decision by the arbitrator or a court order, or (3) if one of the above exceptions to the Agreement to Arbitrate applies, you agree that any claim or dispute that has arisen or may arise between the Parties will be resolved exclusively by a state, federal, or small claims court located in Phoenix, Arizona. The Parties agree to submit to the personal jurisdiction of a state court located in Maricopa County, Phoenix, Arizona or a United States District Court for the District of Arizona located in Phoenix, Arizona. The Parties agree that the substantive law of the state of Arizona will apply to any such claim or dispute without regard to conflict of law provisions.

Prohibition of class and representative actions and non-individualized relief. THE PARTIES AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, WHETHER IN COURT OR ARBITRATION. UNLESS THE PARTIES AGREE OTHERWISE, THE COURT OR ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE COURT OR ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER USERS, SUBJECT TO THE ABOVE EXCEPTION ALLOWING PUBLIC INJUNCTIVE RELIEF TO BE SOUGHT IN COURT BUT ONLY IF THAT EXCEPTION IS FOUND TO APPLY.

Governing law. The parties agree that the substantive laws of the state of Arizona apply to these Terms and the Agreement without regard to conflict of law provisions.

General Provisions

Choice of Law and Forum

If there is any claim or lawsuit concerning these Terms, it will be governed by Delaware law and heard in Delaware courts. You submit to the personal jurisdiction of these courts for any claim arising from these Terms. You must file any claim you have within 1 year from when it happened, or it will not be allowed. If you are in a jurisdiction that does not give full meaning to these Terms, then you do not have permission to use this website and any of the Kerbz apps.

We have to update these terms from time to time to stay fresh. We reserve the right to change these Terms at any time without notice. Your continued use of the Site or App after updates to these Terms will mean that you agree to the revised Terms.

Termination

You may discontinue your use of the Platform at any time and Kerbz may terminate your access to the Platform and remove any listings for any reason or no reason to the extent permissible under applicable law. Termination of access to the Platform will not release a Party from any obligations it incurred prior to the termination and Kerbz may retain and continue to use any information, including but not limited to photography, previously provided by you. Termination of the Agreement will not have any effect on the disclaimers, waiver or liability limitations, or legal disputes provisions under the Agreement and/or any fees due, and all of those terms will survive any termination of the Agreement.

No vehicle transfer or assignment

Except as otherwise provided herein, drivers and hosts agree that nothing in these Terms constitutes an actual or purported transfer or assignment of any right or interest in a vehicle or optional Extras shared through the Platform.

Disclaimers

KERBZ PROVIDES SERVICES THAT ENABLE THE SHARING OF VEHICLES AND OPTIONAL EXTRAS BETWEEN HOSTS AND DRIVERS. EXCEPT AS OTHERWISE PROVIDED IN THESE TERMS, KERBZ DOES NOT ITSELF PROVIDE VEHICLE SHARING, RENTAL SERVICES, AND/OR INSURANCE SERVICES AND IS NOT RESPONSIBLE FOR ANY OF THE ACTS OR OMISSIONS OF ANY OF THE USERS OF ITS SERVICES, THE MANUFACTURER OF THE VEHICLE OR ANY OPTIONAL EXTRAS, OR ANY THIRD PARTY PROVIDER OF SERVICES (E.G. IN-VEHICLE GPS OR OTHER SYSTEMS). THE SERVICES ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE EXTENT PERMITTED BY APPLICABLE LAW, WITHOUT LIMITING THE FOREGOING, KERBZ EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. Kerbz makes no warranty that the Platform, including, but not limited to, the listing and/or any vehicle or optional Extra, will meet your requirements or be available on an uninterrupted, secure, or error-free basis. Kerbz makes no warranty regarding the quality of any listings, vehicles, hosts, drivers, Extras, the Platform, or any content or the accuracy, timeliness, truthfulness, completeness, or reliability of any content obtained through the Platform. No advice or information, whether oral or written, obtained from Kerbz, Kerbz Insurance Agency, or its service providers or through the Platform or content, will create any warranty not expressly made herein.

Limitation of liability and waiver

EXCEPT WHERE PROHIBITED BY LAW, YOU WAIVE AND DISCHARGE ANY AND ALL RIGHTS YOU HAVE TO SUE OR MAKE CLAIMS AGAINST KERBZ AND ANY OF ITS SUBSIDIARIES, DIRECTORS, OFFICERS, AGENTS (INCLUDING THIRD-PARTY ADMINISTRATORS, INSURANCE PRODUCERS, AND INSURANCE PROVIDERS), OR EMPLOYEES (TOGETHER, THE “KERBZ PARTIES”) AND ANY KERBZ USER FOR ANY DAMAGES OR LOSSES, WHETHER DUE TO NEGLIGENCE OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH THE FOLLOWING: (1) VEHICLE AVAILABILITY (E.G., A VEHICLE NOT BEING AVAILABLE OR RETURNED WHEN IT WAS SUPPOSED TO BE), (2) PROBLEMS WITH A VEHICLE (E.G., ANY MALFUNCTION OF OR DEFICIENCY WITH A VEHICLE), (3) VEHICLE WARRANTY ISSUES (E.G., ANY BREACH OF WARRANTY OR OTHER OBLIGATION BY ANY MANUFACTURER OR OTHER THIRD PARTY ASSOCIATED WITH THE VEHICLE), (4) THE LEGAL OR LICENSE STATUS OF A VEHICLE, HOST, OR GUEST, (5) THIRD PARTY ASSESSMENTS OF A VEHICLE'S VALUE, OR (6) ANY ACTION OR INACTION OF A HOST OR DRIVER.

YOU AGREE THAT NEITHER KERBZ NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS, DATA, OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES), WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, ARISING OUT OF OR CONNECTION WITH THE FOLLOWING: (1) THE AGREEMENT, (2) THE SERVICES (INCLUDING LISTING OR BOOKING OF ANY VEHICLE OR OPTIONAL EXTRA VIA THE SERVICES), OR (3) INABILITY TO USE THE SERVICES.

Except for our obligations to pay amounts to applicable hosts or drivers pursuant to these Terms, including an approved payment request or claim under a protection plan or applicable insurance policy, in no event will the Kerbz Parties' aggregate liability arising out of or in connection with the Agreement or your use of the Platform, exceed the greater of (1) the amounts you have paid or owe for bookings via the Platform as a driver in the twelve month period prior to the event giving rise to the liability, or if you are a host, the amount earned by you in the 12 month period prior to the event giving rise to the liability, or (2) US$100.

EXCEPT WHERE PROHIBITED BY LAW, YOU ALSO WAIVE AND DISCHARGE ANY AND ALL RIGHTS YOU HAVE TO SUE OR MAKE CLAIMS AGAINST ANY KERBZ USER FOR ANY DAMAGES OR LOSSES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES.

YOU WAIVE CALIFORNIA CIVIL CODE §1542, OR ANY SIMILAR LAW, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR 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 MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”

THE ABOVE LIMITATIONS OF LIABILITY AND WAIVER PROVISIONS ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN KERBZ AND YOU. THEY SHALL APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW, AND ANY ASPECTS OF THEM THAT ARE DEEMED VOID OR UNENFORCEABLE SHALL BE SEVERED WHILE LEAVING THE REMAINDER IN EFFECT.

Indemnification

You agree to release, defend, indemnify, and hold Kerbz and its subsidiaries, officers, directors, employees, and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with: (1) your access to or use of the Platform, (2) your violation of these Terms, (3) your user content, (4) your interaction with any other user of the Platform, or (5) your booking of a vehicle or creation of a listing for a vehicle. Such indemnification includes but is not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential, or otherwise) arising in connection with or as a result of a booking, sharing, or use of a vehicle or optional Extra. This indemnification provision is a fundamental element of the basis of the bargain between Kerbz and you. It shall apply to the extent permitted by applicable law, and any aspects of it that are deemed unenforceable shall be severed while leaving the remainder in effect.

Liquidated damages

You acknowledge that the actual damages likely to result from your breaches of the Agreement by any of the following are difficult to estimate accurately and would be difficult for Kerbz to prove with certainty: (1) engaging in gray market transactions, as defined in these Terms, (2) using the Kerbz domains, trademarks, or taglines without Kerbz's express consent, including without limitation registering website domains or social media handles, or bidding on online advertising key words, (3) suing or asserting legal claims against the Kerbz Parties or a Kerbz user in any manner prohibited or waived herein, (4) as a host, sharing your vehicle via the Platform with expired registration stickers or without current registration paperwork in the vehicle, (5) as a host, offering any vehicle that is the subject of a missing or stolen vehicle report, (6) as a host, offering any vehicle or releasing a vehicle to a driver that is not roadworthy or is otherwise in an unsafe condition, (7) as a host, cancel or modify a event to manipulate the price or potential earnings for a vehicle, or (8) creating or using a Kerbz account that has the effect of circumventing Kerbz’s suspension, termination, or closure of another Kerbz account. You will pay Kerbz $8,000 per breach in Liquidated Damages to compensate Kerbz for any such conduct. This amount is not intended as a punishment for any such breach, but rather as a reasonable estimate where actual damages are difficult to estimate accurately and/or prove with certainty. This liquidated damages provision is a fundamental element of the basis of the bargain between Kerbz and you. It shall apply to the extent permitted by applicable law, and any aspects of it that are deemed unenforceable shall be severed while leaving the remainder in effect.

Not a rental car company; no vehicle leasing

Kerbz is not a rental car company. It does not own a fleet of vehicles and is not in the business of renting vehicles to the public. Kerbz also is not providing short- or long-term vehicle leases. Kerbz provides an online platform where vehicle owners and those in need of a vehicle can meet and share vehicles amongst themselves subject to these Terms.

Rounding off; currency

Kerbz may, in its sole discretion, round up or down amounts that are payable from or to hosts or drivers to the nearest whole functional base unit in which the currency is denominated (e.g. to the nearest dollar, euro, pound, or other supported currency) unless explicitly prohibited under applicable law. The currency displayed on the Platform is based on the search location, vehicle location, and/or host location.

Translations

Where Kerbz has provided you with a translation of the English language version of these Terms or any Policies, in case of any wording discrepancies between the English and any other versions of the Terms and any Policies, the English language wording takes precedence. In France and if you are a consumer, the French language version will prevail.

Severability and non-waiver

In the event any provision of these Terms is held to be void, voidable, or unenforceable, the remaining provisions shall remain in full force and effect. The failure of any Party to enforce any provision of these Terms shall not be construed to be a waiver of such provision, or any other provision, nor in any way to affect the validity of these Terms or any part of these Terms, or any right of any Party to enforce that provision or each and every other provision at any time. No waiver of any breach of these Terms shall constitute or be deemed a waiver of any other breach.

You agree that no business or agency relationship of any kind exists between you and Kerbz because of these Terms or use of the Platform. These Terms are subject to all existing laws. Nothing in these Terms is intended to hinder our legal obligations under any applicable law. If any of these Terms or part of them is ever found invalid, all of the remaining parts will still be fully valid. We have not forfeited any rights that we have under these terms just because we have not acted on them yet. These Terms are the complete agreement between you and Kerbz regarding your use of the Platform.