{"service":{"name":"Lyft","url":"https://www.lyft.com/terms","lang":"ENG","sector":"Transport","hq":"US","hq_category":"US","is_public":"Public","is_paid":"Optionally paid","date":"01.04.2021"},"document":{"title":"","text":"Lyft Terms of\nService\nLast Updated: April 1, 2021\nThese Terms of Service constitute a legally binding agreement (the\n“Agreement”) between you and Lyft, Inc., its parents, subsidiaries,\nrepresentatives, affiliates, officers and directors (collectively, “Lyft,” “we,” “us” or\n“our”) governing your use of the Lyft application (the “Lyft App”), website, and\ntechnology platform (collectively, the “Lyft Platform”).\nPLEASE BE ADVISED: THIS AGREEMENT CONTAINS PROVISIONS THAT\nGOVERN HOW CLAIMS BETWEEN YOU AND LYFT CAN BE BROUGHT\n(SEE SECTION 17 BELOW). THESE PROVISIONS WILL, WITH LIMITED\nEXCEPTION, REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST\nLYFT TO BINDING AND FINAL ARBITRATION ON AN INDIVIDUAL BASIS,\nNOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, GROUP OR\nREPRESENTATIVE ACTION OR PROCEEDING. AS A DRIVER OR DRIVER\nAPPLICANT, YOU HAVE AN OPPORTUNITY TO OPT OUT OF\nARBITRATION WITH RESPECT TO CERTAIN CLAIMS AS PROVIDED IN\nSECTION 17.\nBy entering into this Agreement, and/or by using or accessing the Lyft Platform\nyou expressly acknowledge that you understand this Agreement (including the\ndispute resolution and arbitration provisions in Section 17) and accept all of its\nterms. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND\nCONDITIONS OF THIS AGREEMENT, YOU MAY NOT USE OR ACCESS\nTHE LYFT PLATFORM OR ANY OF THE SERVICES PROVIDED THROUGH\nTHE LYFT PLATFORM. If you use the Lyft Platform in another country, you\nagree to be subject to Lyft's terms of service for that country.\nWhen using the Lyft Platform, you also agree to conduct yourself in accordance\nwith our Community Guidelines, which shall form part of this Agreement\nbetween you and Lyft.\n\nThe Lyft Platform\nThe Lyft Platform provides a marketplace where, among other things, persons who seek\ntransportation to certain destinations (“Riders”) can be matched with transportation options to\nsuch destinations. One option for Riders is to request a ride from rideshare drivers who are\ndriving to or through those destinations (“Drivers”). Drivers and Riders are collectively\nreferred to herein as “Users,” and the driving services provided by Drivers to Riders shall be\nreferred to herein as “Rideshare Services.” As a User, you authorize Lyft to match you with\nDrivers or Riders based on factors such as your location, the requested pickup location, the\nestimated time to pickup, your destination, User preferences, driver mode, and platform\nefficiency, and to cancel an existing match and/or rematch you with a Driver or Rider based\non the same considerations. Any decision by a User to offer or accept Rideshare Services is\na decision made in such User’s sole discretion. Each Rideshare Service provided by a Driver\nto a Rider shall constitute a separate agreement between such persons.\nIn certain markets, Riders may have the option to rent bikes or scooters through the Lyft\nPlatform to ride to their destination. In some markets these bikes and scooters are owned by\nLyft. In other markets Lyft operates a bike-share or scooter-share program on behalf of third\nparties. In either case, your rental and use of bikes and scooters through the Lyft Platform is\nsubject to additional agreements between you and Lyft and third parties as applicable to the\nparticular market (“Supplemental Agreements”). Please review any applicable Supplemental\nAgreements carefully. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND\nCONDITIONS OF A SUPPLEMENTAL AGREEMENT, YOU MAY NOT RENT OR USE THE\nBIKES OR SCOOTERS IN SUCH MARKET. In the event of any conflict between this\nAgreement and the terms and conditions of any Supplemental Agreement, the terms of this\nAgreement shall control.\nModification to the Agreement\nLyft reserves the right to modify the terms and conditions of this Agreement, and such\nmodifications shall be binding on you only upon your acceptance of the modified Agreement.\nLyft reserves the right to modify any information on pages referenced in the hyperlinks from\nthis Agreement from time to time, and such modifications shall become effective upon\nposting. Continued use of the Lyft Platform or Rideshare Services after any such changes\nshall constitute your consent to such changes. Unless material changes are made to the\narbitration provisions herein, you agree that modification of this Agreement does not create a\nrenewed opportunity to opt out of arbitration (if applicable).\nEligibility\n\nThe Lyft Platform may only be used by individuals who have the right and authority to enter\ninto this Agreement and are fully able and competent to satisfy the terms, conditions, and\nobligations herein. The Lyft Platform is not available to Users who have had their User\naccount temporarily or permanently deactivated. You may not allow other persons to use\nyour User account, and you agree that you are the sole authorized user of your account. To\nuse the Lyft Platform, each User shall create a User account. Each person may only create\none User account, and Lyft reserves the right to deactivate any additional or duplicate\naccounts. Your participation in certain Lyft programs and use of certain Lyft products or\nservices may be subject to additional eligibility requirements as determined by Lyft.\nBy becoming a User, you represent and warrant that you are at least 18 years old.\nNotwithstanding the foregoing, if you are the parent or legal guardian of a 16 or 17-year-old\nminor you may create a Lyft account for such minor to use the Lyft Platform subject to the\nfollowing requirements and restrictions: (a) you ensure that the minor’s use of the Lyft\nPlatform is limited solely to accessing and using bike-share or scooter-share services where\nexpressly permitted under the Supplemental Agreement applicable to such services, (b) you\ndetermine that the bike-share and scooter-share services are suitable for the minor, (c) you\nensure that the minor’s use of the Lyft Platform and applicable bike-share or scooter-share\nservices is done in compliance and acknowledgement of all applicable safety instructions and\nwarnings in this Agreement, any applicable Supplemental Agreements, and the Lyft App, (d)\nyou ensure that the minor does not request or accept any Rideshare Services unless\naccompanied by you or an authorized guardian, (e) you explain the terms of this Agreement\nto the minor, and (f) you expressly guarantee the minor’s acceptance of the terms of this\nAgreement.\nBy creating a Lyft account for such minor, you hereby give permission and consent to the\nAgreement on the minor’s behalf, and you shall assume any and all responsibility and liability\nfor the minor's use of the Lyft Platform as provided by the terms of this Agreement and any\napplicable Supplemental Agreements. You will be responsible for any breach of the above\nrepresentations, warranties and/or this Agreement, and/or any attempt of the minor to\ndisaffirm this Agreement. Furthermore, you hereby represent that you are fully authorized to\nexecute this Agreement on behalf of yourself and all other parents or legal guardians of the\nminor rider.\nCharges\nAs a Rider, you understand that request or use of Rideshare Services may result in charges\nto you (“Charges”). Charges related to bikes and scooters are addressed in the applicable\nSupplemental Agreement. Charges for Rideshare Services include Fares and other\napplicable fees, tolls, surcharges, and taxes as set forth on your market’s Lyft Cities page\n(www.lyft.com/cities), plus any tips to the Driver that you elect to pay. Lyft has the authority\nand reserves the right to determine and modify pricing by posting applicable pricing terms to\n\nyour market’s Lyft Cities page or quoting you a price for a specific ride at the time you make a\nrequest. Pricing may vary based on the type of service you request (e.g., shared, economy,\nextra seats, luxury) as described on your market’s Lyft Cities page. You are responsible for\nreviewing the applicable Lyft Cities page or price quote within the Lyft App and shall be\nresponsible for all Charges incurred under your User account regardless of your awareness\nof such Charges or the amounts thereof.\nFares. There are two types of Fares, variable and quoted.\nVariable Fares. Variable fares consist of a base charge and incremental charges based on\nthe duration and distance of your ride. For particularly short rides, minimum fares may apply.\nPlease note that we use GPS data from your Driver’s phone to calculate the distance\ntraveled on your ride. We cannot guarantee the availability or accuracy of GPS data. If we\nlose signal we will calculate time and distance using available data from your ride.\nQuoted Fares. In some cases Lyft may quote you a Fare at the time of your request. The\nquote is subject to change until the ride request is confirmed. If during your ride you change\nyour destination, make multiple stops, or attempt to abuse the Lyft Platform, we may cancel\nthe fare quote and charge you a variable fare based on the time and distance of your ride.\nLyft does not guarantee that the quoted fare price will be equal to a variable fare for the same\nride. Quoted Fares may include the Fees and Other Charges below, as applicable.\nFees and Other Charges.\nService Fee. You may be charged a “Service Fee” for each ride as set forth on the applicable\nLyft Cities page.\nPrime Time. At certain times, including times of high demand for Rideshare Services (“Prime\nTime”), you acknowledge that Charges may increase substantially. For all rides with a\nvariable fare, we will use reasonable efforts to inform you of any Prime Time increases in\neffect at the time of your request. For Quoted Fares we may factor in the Prime Time\nincreases into the quoted price of the ride.\nCancellation Fee. After requesting a ride you may cancel it through the Lyft App, but note\nthat in certain cases a cancellation fee may apply. You may also be charged if you fail to\nshow up after requesting a ride. Please check out our Help Center to learn more about Lyft’s\ncancellation policy, including applicable fees.\nDamage Fee. If a Driver reports that you have materially damaged the Driver's vehicle, you\nagree to pay a “Damage Fee” of up to $250 depending on the extent of the damage (as\ndetermined by Lyft in its sole discretion), towards vehicle repair or cleaning. Lyft reserves the\nright (but is not obligated) to verify or otherwise require documentation of damages prior to\nprocessing the Damage Fee.\nTolls. In some instances tolls (or return tolls) may apply to your ride. Please see our Help\nCenter and your market’s Lyft Cities page for more information about toll charges and a list of\napplicable tolls and return charges. We do not guarantee that the amount charged by Lyft will\nmatch the toll charged to the Driver, if any.\nOther Charges. Other fees and surcharges may apply to your ride, including: actual or\nanticipated airport fees, state or local fees, or event fees as determined by Lyft or its\nmarketing partners. In addition, where required by law Lyft will collect applicable taxes. See\nyour market’s Lyft Cities page for details on other Charges that may apply to your ride.\nTips. Following a ride, you may elect to tip your Driver in cash or through the Lyft Platform.\nYou may also elect to set a default tip amount or percentage through the Lyft App. Any tips\nwill be provided entirely to the applicable Driver.\n\nGeneral.\nFacilitation of Charges. All Charges are facilitated through a third-party payment processor\n(e.g., First Data, Stripe, Inc., or Braintree, a division of PayPal, Inc.). Lyft may replace its\nthird-party payment processor without notice to you. Charges shall only be made through the\nLyft Platform. With the exception of tips, cash payments are strictly prohibited. Your payment\nof Charges to Lyft satisfies your payment obligation for your use of the Lyft Platform and\nRideshare Services. Certain Charges may be collectively billed as a single purchase\ntransaction to your selected payment method based on the payment frequency indicated in\nyour settings. If you don't recognize a transaction, then check your ride receipts and payment\nhistory.\nNo Refunds. All Charges are non-refundable. This no-refund policy shall apply at all times\nregardless of your decision to terminate usage of the Lyft Platform, any disruption to the Lyft\nPlatform or Rideshare Services, or any other reason whatsoever.\nCoupons. You may receive coupons that you can apply toward payment of certain Charges\nupon completion of a Ride. Coupons are only valid for use on the Lyft Platform, and are not\ntransferable or redeemable for cash except as required by law. Coupons cannot be combined\nunless expressly provided otherwise, and if the cost of your ride exceeds the applicable\ncredit or discount value we will charge your payment method on file for the outstanding cost\nof the Ride. For quoted or variable fares, Lyft may deduct the amount attributable to the\nService Fee, Tolls, or Other Charges before application of the coupon. Additional restrictions\non coupons may apply as communicated to you in a relevant promotion or by clicking on the\nrelevant coupon within the Promotions section of the Lyft App.\nCredit Card Authorization. Upon addition of a new payment method or each ride request,\nLyft may seek authorization of your selected payment method to verify the payment method,\nensure the ride cost will be covered, and protect against unauthorized behavior. The\nauthorization is not a charge, however, it may reduce your available credit by the\nauthorization amount until your bank’s next processing cycle. Should the amount of our\nauthorization exceed the total funds on deposit in your account, you may be subject to\noverdraft of NSF charges by the bank issuing your debit or prepaid card. We cannot be held\nresponsible for these charges and are unable to assist you in recovering them from your\nissuing bank. Check out our Help Center to learn more about our use of pre-authorization\nholds.\nPayments\nIf you are a Driver, you will receive payment for your provision of Rideshare Services\npursuant to the terms of the Driver Addendum, which shall form part of this Agreement\nbetween you and Lyft.\nLyft Communications\nBy entering into this Agreement or using the Lyft Platform, you agree to receive\ncommunications from us or communications related to the Lyft Platform at any of the phone\nnumbers provided to Lyft by you or on your behalf, including via e-mail, text message, calls,\nand push notifications. You agree that texts, calls or prerecorded messages may be\n\ngenerated by automatic telephone dialing systems. Communications from Lyft, its affiliated\ncompanies and/or Drivers, may include but are not limited to: operational communications\nconcerning your User account or use of the Lyft Platform or Rideshare Services, use of bikes\nand scooters through the Lyft Platform, updates concerning new and existing features on the\nLyft Platform, communications concerning marketing or promotions run by us or our third-\nparty partners, and news concerning Lyft and industry developments. If you change or\ndeactivate the phone number you provided to Lyft, you agree to update your account\ninformation to help prevent us from inadvertently communicating with anyone who acquires\nyour old number. Standard text messaging charges applied by your cell phone carrier will\napply to text messages we send.\nIF YOU WISH TO OPT OUT OF PROMOTIONAL EMAILS, YOU CAN UNSUBSCRIBE\nFROM OUR PROMOTIONAL EMAIL LIST BY FOLLOWING THE UNSUBSCRIBE OPTIONS\nIN THE PROMOTIONAL EMAIL ITSELF. IF YOU WISH TO OPT OUT OF PROMOTIONAL\nCALLS OR TEXTS, YOU MAY TEXT “END” TO 46080 FROM THE MOBILE DEVICE\nRECEIVING THE MESSAGES. YOU ACKNOWLEDGE THAT YOU ARE NOT REQUIRED\nTO CONSENT TO RECEIVE PROMOTIONAL TEXTS OR CALLS AS A CONDITION OF\nUSING THE LYFT PLATFORM OR RELATED SERVICES. IF YOU WISH TO OPT OUT OF\nALL TEXTS OR CALLS FROM LYFT (INCLUDING OPERATIONAL OR TRANSACTIONAL\nTEXTS OR CALLS), YOU CAN TEXT THE WORD “STOPALL” TO 46080 FROM THE\nMOBILE DEVICE RECEIVING THE MESSAGES, HOWEVER YOU ACKNOWLEDGE THAT\nOPTING OUT OF RECEIVING ALL TEXTS MAY IMPACT YOUR USE OF THE LYFT\nPLATFORM OR RELATED SERVICES.\nYour Information\nYour Information is any information you provide, publish or post to or through the Lyft\nPlatform (including any profile information you provide) or send to other Users (including via\nin-application feedback, any email feature, or through any Lyft-related Facebook, Twitter or\nother social media posting) (your “Information”). You consent to us using your Information to\ncreate a User account that will allow you to use the Lyft Platform and participate in the\nRideshare Services. Our collection and use of personal information in connection with the\nLyft Platform and Rideshare Services is as provided in Lyft’s Privacy Policy located\nat www.lyft.com/privacy. You are solely responsible for your Information and your interactions\nwith other members of the public, and we act only as a passive conduit for your online\nposting of your Information. You agree to provide and maintain accurate, current and\ncomplete information and that we and other members of the public may rely on your\nInformation as accurate, current and complete. To enable Lyft to use your Information for the\npurposes described in the Privacy Policy and this Agreement, you grant to us a non-\nexclusive, worldwide, perpetual, irrevocable, royalty-free, transferable, sub-licensable\n(through multiple tiers) right and license to exercise the copyright, publicity, and database\nrights you have in your Information, and to use, copy, perform, display and distribute such\n\nInformation to prepare derivative works, or incorporate into other works, such Information, in\nany media now known or not currently known. Lyft does not assert any ownership over your\nInformation; rather, as between you and Lyft, subject to the rights granted to us in this\nAgreement, you retain full ownership of all of your Information and any intellectual property\nrights or other proprietary rights associated with your Information.\nPromotions, Referrals, and\nLoyalty Programs\nLyft, at its sole discretion, may make available promotions, referral programs and loyalty\nprograms with different features to any Users or prospective Users. These promotions and\nprograms, unless made to you, shall have no bearing whatsoever on your Agreement or\nrelationship with Lyft. Lyft reserves the right to withhold or deduct credits or benefits obtained\nthrough a promotion or program in the event that Lyft determines or believes that the\nredemption of the promotion or receipt of the credit or benefit was in error, fraudulent, illegal,\nor in violation of the applicable promotion or program terms or this Agreement. Lyft reserves\nthe right to terminate, discontinue or cancel any promotions or programs at any time and in\nits sole discretion without notice to you.\nCurrently, Lyft’s referral program provides you with incentives to refer your friends and family\nto become new Users of the Lyft Platform in your country (the “Referral Program”). Your\nparticipation in the Referral Program is subject to this Agreement and the additional Referral\nProgram rules.\nRestricted Activities\nWith respect to your use of the Lyft Platform and your participation in the Rideshare Services,\nyou agree that you will not:\na. impersonate any person or entity;\nb. stalk, threaten, or otherwise harass any person, or carry any weapons;\nc. violate any law, statute, rule, permit, ordinance or regulation;\nd. interfere with or disrupt the Lyft Platform or the servers or networks connected to the\nLyft Platform;\ne. post Information or interact on the Lyft Platform or Rideshare Services in a manner\nwhich is fraudulent, libelous, abusive, obscene, profane, sexually oriented, harassing,\nor illegal;\nf. use the Lyft Platform in any way that infringes any third party’s rights, including:\nintellectual property rights, copyright, patent, trademark, trade secret or other\nproprietary rights or rights of publicity or privacy;\ng. post, email or otherwise transmit any malicious code, files or programs designed to\ninterrupt, damage, destroy or limit the functionality of the Lyft Platform or any computer\n\nsoftware or hardware or telecommunications equipment or surreptitiously intercept or\nexpropriate any system, data or personal information;\nh. forge headers or otherwise manipulate identifiers in order to disguise the origin of any\ninformation transmitted through the Lyft Platform;\ni. “frame” or “mirror” any part of the Lyft Platform, without our prior written authorization\nor use meta tags or code or other devices containing any reference to us in order to\ndirect any person to any other web site for any purpose;\nj. modify, adapt, translate, reverse engineer, decipher, decompile or otherwise\ndisassemble any portion of the Lyft Platform;\nk. rent, lease, lend, sell, redistribute, license or sublicense the Lyft Platform or access to\nany portion of the Lyft Platform;\nl. use any robot, spider, site search/retrieval application, or other manual or automatic\ndevice or process to retrieve, index, scrape, “data mine”, or in any way reproduce or\ncircumvent the navigational structure or presentation of the Lyft Platform or its\ncontents;\nm. link directly or indirectly to any other web sites;\nn. transfer or sell your User account, password and/or identification, or any other User's\nInformation to any other party;\no. discriminate against or harass anyone on the basis of race, national origin, religion,\ngender, gender identity or expression, physical or mental disability, medical condition,\nmarital status, age or sexual orientation;\np. violate any of the Referral Program rules if you participate in the Referral Program; or\nq. cause any third party to engage in the restricted activities above.\nDriver Representations,\nWarranties and Agreements\nBy providing Rideshare Services as a Driver on the Lyft Platform, you represent, warrant, and\nagree that:\na. You possess a valid driver’s license and are authorized and medically fit to operate a\nmotor vehicle and have all appropriate licenses, approvals and authority to provide\ntransportation to Riders in all jurisdictions in which you provide Rideshare Services.\nb. You own, or have the legal right to operate, the vehicle you use when providing\nRideshare Services; such vehicle is in good operating condition and meets the industry\nsafety standards and all applicable statutory and state department of motor vehicle\nrequirements for a vehicle of its kind; and any and all applicable safety recalls have\nbeen remedied per manufacturer instructions.\nc. You will not engage in reckless behavior while driving, drive unsafely, operate a vehicle\nthat is unsafe to drive, permit an unauthorized third party to accompany you in the\nvehicle while providing Rideshare Services, provide Services as a Driver while under\nthe influence of alcohol or drugs, or take action that harms or threatens to harm the\nsafety of the Lyft community or third parties.\nd. You will only provide Rideshare Services using the vehicle that has been reported to,\nand approved by Lyft, and for which a photograph has been provided to Lyft, and you\nwill not transport more passengers than can securely be seated in such vehicle (and\nno more than seven (7) passengers in any instance).\n\ne. You will not, while providing the Rideshare Services, operate as a public or common\ncarrier or taxi service, accept street hails, charge for rides (except as expressly\nprovided in this Agreement), demand that a rider pay in cash, or use a credit card\nreader, such as a Square Reader, to accept payment or engage in any other activity in\na manner that is inconsistent with your obligations under this Agreement.\nf. You will not attempt to defraud Lyft or Riders on the Lyft Platform or in connection with\nyour provision of Rideshare Services. If we suspect that you have engaged in\nfraudulent activity we may withhold applicable Fares or other payments for the ride(s)\nin question and take any other action against you available under the law.\ng. You will not discriminate against Riders with disabilities and agree to review Lyft’s Anti-\nDiscrimination Policies. You will make reasonable accommodation as required by law\nand our Service Animal Policy and Wheelchair Policy for Riders who travel with their\nservice animals or who use wheelchairs (or other mobility devices) that can be folded\nfor safe and secure storage in the car’s trunk or backseat.\nh. You agree that we may obtain information about you, including your criminal and\ndriving records, and you agree to provide any further necessary authorizations to\nfacilitate our access to such records during the term of the Agreement.\ni. You have a valid policy of liability insurance (in coverage amounts consistent with all\napplicable legal requirements) that names or schedules you for the operation of the\nvehicle you use to provide Rideshare Services.\nj. You will pay all applicable federal, state and local taxes based on your provision of\nRideshare Services and any payments received by you.\nIntellectual Property\nAll intellectual property rights in the Lyft Platform shall be owned by Lyft absolutely and in\ntheir entirety. These rights include database rights, copyright, design rights (whether\nregistered or unregistered), trademarks (whether registered or unregistered) and other similar\nrights wherever existing in the world together with the right to apply for protection of the\nsame. All other trademarks, logos, service marks, company or product names set forth in the\nLyft Platform are the property of their respective owners. You acknowledge and agree that\nany questions, comments, suggestions, ideas, feedback or other information (“Submissions”)\nprovided by you to us are non-confidential and shall become the sole property of Lyft. Lyft\nshall own exclusive rights, including all intellectual property rights, and shall be entitled to the\nunrestricted use and dissemination of these Submissions for any purpose, commercial or\notherwise, without acknowledgment or compensation to you.\nLYFT and other Lyft logos, designs, graphics, icons, scripts and service names are registered\ntrademarks, trademarks or trade dress of Lyft in the United States and/or other countries\n(collectively, the “Lyft Marks”). If you provide Rideshare Services as a Driver, Lyft grants to\nyou, during the term of this Agreement, and subject to your compliance with the terms and\nconditions of this Agreement, a limited, revocable, non-exclusive license to display and use\nthe Lyft Marks solely on the Lyft stickers/decals, Lyft Amp, and any other Lyft-branded items\nprovided by Lyft directly to you in connection with providing the Rideshare Services\n(“License”). The License is non-transferable and non-assignable, and you shall not grant to\nany third party any right, permission, license or sublicense with respect to any of the rights\n\ngranted hereunder without Lyft’s prior written permission, which it may withhold in its sole\ndiscretion. The Lyft logo (or any Lyft Marks) may not be used in any manner that is likely to\ncause confusion, including but not limited to: use of a Lyft Mark in a domain name or Lyft\nreferral code, or use of a Lyft Mark as a social media handle or name, avatar, profile photo,\nicon, favicon, or banner. You may identify yourself as a Driver on the Lyft Platform, but may\nnot misidentify yourself as Lyft, an employee of Lyft, or a representative of Lyft.\nYou acknowledge that Lyft is the owner and licensor of the Lyft Marks, including all goodwill\nassociated therewith, and that your use of the Lyft logo (or any Lyft Marks) will confer no\ninterest in or ownership of the Lyft Marks in you but rather inures to the benefit of Lyft. You\nagree to use the Lyft logo strictly in accordance with Lyft’s Brand Guidelines, as may be\nprovided to you and revised from time to time, and to immediately cease any use that Lyft\ndetermines to nonconforming or otherwise unacceptable.\nYou agree that you will not: (1) create any materials that use the Lyft Marks or any derivatives\nof the Lyft Marks as a trademark, service mark, trade name or trade dress, other than as\nexpressly approved by Lyft in writing; (2) use the Lyft Marks in any way that tends to impair\ntheir validity as proprietary trademarks, service marks, trade names or trade dress, or use the\nLyft Marks other than in accordance with the terms, conditions and restrictions herein; (3)\ntake any other action that would jeopardize or impair Lyft’s rights as owner of the Lyft Marks\nor the legality and/or enforceability of the Lyft Marks, including, challenging or opposing Lyft’s\nownership in the Lyft Marks; (4) apply for trademark registration or renewal of trademark\nregistration of any of the Lyft Marks, any derivative of the Lyft Marks, any combination of the\nLyft Marks and any other name, or any trademark, service mark, trade name, symbol or word\nwhich is similar to the Lyft Marks; (5) use the Lyft Marks on or in connection with any product,\nservice or activity that is in violation of any law, statute, government regulation or standard.\nYou agree you will not rent, lease, lend, sell, or otherwise redistribute the Lyft driver amp, or\nmanufacture, produce, print, sell, distribute, purchase, or display counterfeit/inauthentic Lyft\ndriver amps or other Lyft Marks or (including but not limited to signage, stickers, apparel, or\ndecals) from any source other than directly from Lyft.\nViolation of any provision of this License may result in immediate termination of the License,\nin Lyft’s sole discretion, a takedown request sent to the appropriate ISP, or social media\nplatform, and/or a Uniform Domain-Name Dispute-Resolution Policy Proceeding (or\nequivalent proceeding). If you create any materials (physical or digital) bearing the Lyft Marks\n(in violation of this Agreement or otherwise), you agree that upon their creation Lyft\nexclusively owns all right, title and interest in and to such materials, including any\nmodifications to the Lyft Marks or derivative works based on the Lyft Marks or Lyft copyrights.\nYou further agree to assign any interest or right you may have in such materials to Lyft, and\nto provide information and execute any documents as reasonably requested by Lyft to enable\nLyft to formalize such assignment.\nLyft respects the intellectual property of others, and expects Users to do the same. If you\nbelieve, in good faith, that any materials on the Lyft Platform infringe upon your copyrights,\n\nplease view our Copyright Policy for information on how to make a copyright complaint.\nDisclaimers\nThe following disclaimers are made on behalf of Lyft, our affiliates, subsidiaries, parents,\nsuccessors and assigns, and each of our respective officers, directors, employees, agents,\nand shareholders.\nLyft does not provide transportation services, and Lyft is not a transportation carrier. Lyft is\nnot a common carrier or public carrier. It is up to the Driver to decide whether or not to offer a\nride to a Rider contacted through the Lyft Platform, and it is up to the Rider to decide whether\nor not to accept a ride from any Driver contacted through the Lyft Platform. We cannot ensure\nthat a Driver or Rider will complete an arranged transportation service. We have no control\nover the quality or safety of the transportation that occurs as a result of the Rideshare\nServices.\nThe Lyft Platform is provided on an “as is” basis and without any warranty or condition,\nexpress, implied or statutory. We do not guarantee and do not promise any specific results\nfrom use of the Lyft Platform and/or the Rideshare Services, including the ability to provide or\nreceive Rideshare Services at any given location or time. Lyft reserves the right, for example,\nto limit or eliminate access to the Lyft Platform for Rideshare Services in specific geographic\nareas and/or at specific times based on commercial viability, public health concerns, or\nchanges in law. To the fullest extent permitted by law, we specifically disclaim any implied\nwarranties of title, merchantability, fitness for a particular purpose and non-infringement.\nSome states do not allow the disclaimer of implied warranties, so the foregoing disclaimer\nmay not apply to you.\nWe do not warrant that your use of the Lyft Platform or Rideshare Services will be accurate,\ncomplete, reliable, current, secure, uninterrupted, always available, or error-free, or will meet\nyour requirements, that any defects in the Lyft Platform will be corrected, or that the Lyft\nPlatform is free of viruses or other harmful components. We disclaim liability for, and no\nwarranty is made with respect to, connectivity and availability of the Lyft Platform or\nRideshare Services.\nWe cannot guarantee that each Rider or Driver is who he or she claims to be. Please use\ncommon sense when using the Lyft Platform and Rideshare Services, including looking at the\nphotos of the Driver or Rider you have matched with to make sure it is the same individual\nyou see in person. Please note that there are also risks of dealing with underage persons or\npeople acting under false pretense, and we do not accept responsibility or liability for any\ncontent, communication or other use or access of the Lyft Platform by persons under the age\nof 18 in violation of this Agreement. We encourage you to communicate directly with each\npotential Driver or Rider prior to engaging in an arranged transportation service.\n\nLyft is not responsible for the conduct, whether online or offline, of any User of the Lyft\nPlatform or Rideshare Services. You are solely responsible for your interactions with other\nUsers. We do not procure insurance for, nor are we responsible for, personal belongings left\nin the car by Drivers or Riders. By using the Lyft Platform and participating in the Rideshare\nServices, you agree to accept such risks and agree that Lyft is not responsible for the acts or\nomissions of Users on the Lyft Platform or participating in the Rideshare Services.\nYou are responsible for the use of your User account and Lyft expressly disclaims any liability\narising from the unauthorized use of your User account. Should you suspect that any\nunauthorized party may be using your User account or you suspect any other breach of\nsecurity, you agree to notify us immediately.\nIt is possible for others to obtain information about you that you provide, publish or post to or\nthrough the Lyft Platform (including any profile information you provide), send to other Users,\nor share during the Rideshare Services, and to use such information to harass or harm you.\nWe are not responsible for the use of any personal information that you disclose to other\nUsers on the Lyft Platform or through the Rideshare Services. Please carefully select the\ntype of information that you post on the Lyft Platform or through the Rideshare Services or\nrelease to others. We disclaim all liability, regardless of the form of action, for the acts or\nomissions of other Users (including unauthorized users, or “hackers”).\nOpinions, advice, statements, offers, or other information or content concerning Lyft or made\navailable through the Lyft Platform, but not directly by us, are those of their respective\nauthors, and should not necessarily be relied upon. Such authors are solely responsible for\nsuch content. Under no circumstances will we be responsible for any loss or damage\nresulting from your reliance on information or other content posted by third parties, whether\non the Lyft Platform or otherwise. We reserve the right, but we have no obligation, to monitor\nthe materials posted on the Lyft Platform and remove any such material that in our sole\nopinion violates, or is alleged to violate, the law or this agreement or which might be\noffensive, illegal, or that might violate the rights, harm, or threaten the safety of Users or\nothers.\nLocation data provided by the Lyft Platform is for basic location purposes only and is not\nintended to be relied upon in situations where precise location information is needed or\nwhere erroneous, inaccurate or incomplete location data may lead to death, personal injury,\nproperty or environmental damage. Neither Lyft, nor any of its content providers, guarantees\nthe availability, accuracy, completeness, reliability, or timeliness of location data tracked or\ndisplayed by the Lyft Platform. Any of your Information, including geolocational data, you\nupload, provide, or post on the Lyft Platform may be accessible to Lyft and certain Users of\nthe Lyft Platform.\nLyft advises you to use the Lyft Platform with a data plan with unlimited or very high data\nusage limits, and Lyft shall not be responsible or liable for any fees, costs, or overage\ncharges associated with any data plan you use to access the Lyft Platform.\n\nThis paragraph applies to any version of the Lyft Platform that you acquire from the Apple\nApp Store. This Agreement is entered into between you and Lyft. Apple, Inc. (“Apple”) is not\na party to this Agreement and shall have no obligations with respect to the Lyft Platform. Lyft,\nnot Apple, is solely responsible for the Lyft Platform and the content thereof as set forth\nhereunder. However, Apple and Apple’s subsidiaries are third-party beneficiaries of this\nAgreement. Upon your acceptance of this Agreement, Apple shall have the right (and will be\ndeemed to have accepted the right) to enforce this Agreement against you as a third-party\nbeneficiary thereof. This Agreement incorporates by reference Apple’s Licensed Application\nEnd User License Agreement, for purposes of which, you are “the end-user.” In the event of a\nconflict in the terms of the Licensed Application End User License Agreement and this\nAgreement, the terms of this Agreement shall control.\nAs a Driver, you may be able to use \"Lyft Nav built by Google\" while providing Rideshare\nServices on the Platform. Riders and Drivers may also use Google Maps while using the Lyft\nApp. In either case, you agree that Google may collect your location data when the Lyft App\nis running in order to provide and improve Google's services, that such data may also be\nshared with Lyft in order to improve its operations, and that Google's terms and privacy\npolicy will apply to this usage.\nLyft shall not be in breach of this Agreement nor liable for failure or delay in performing\nobligations under this Agreement if such failure or delay results from events, circumstances\nor causes beyond its reasonable control including (without limitation) natural disasters or acts\nof God; acts of terrorism; labor disputes or stoppages; war; government action; epidemic or\npandemic; chemical or biological contamination; strikes, riots, or acts of domestic or\ninternational terrorism; quarantines; national or regional emergencies; or any other cause,\nwhether similar in kind to the foregoing or otherwise, beyond the party’s reasonable control.\nAll service dates under this Agreement affected by force majeure shall be tolled for the\nduration of such force majeure. The parties hereby agree, when feasible, not to cancel but\nreschedule the pertinent obligations as soon as practicable after the force majeure condition\nceases to exist.\nState and Local Disclosures\nCertain jurisdictions require additional disclosures to you. You can view any disclosures\nrequired by your local jurisdiction at www.lyft.com/terms/disclosures. We will update the\ndisclosures page as jurisdictions add, remove or amend these required disclosures, so\nplease check in regularly for updates.\nIndemnity\n\nYou will defend, indemnify, and hold Lyft including our affiliates, subsidiaries, parents,\nsuccessors and assigns, and each of our respective officers, directors, employees, agents, or\nshareholders harmless from any claims, actions, suits, losses, costs, liabilities and expenses\n(including reasonable attorneys’ fees) relating to or arising out of your use of the Lyft Platform\nand participation in the Rideshare Services, including: (1) your breach of this Agreement or\nthe documents it incorporates by reference; (2) your violation of any law or the rights of a\nthird party, including, Drivers, Riders, other motorists, and pedestrians, as a result of your\nown interaction with such third party; (3) any allegation that any materials that you submit to\nus or transmit through the Lyft Platform or to us infringe or otherwise violate the copyright,\ntrademark, trade secret or other intellectual property or other rights of any third party; (4) your\nownership, use or operation of a motor vehicle or passenger vehicle, including your provision\nof Rideshare Services as a Driver; and/or (5) any other activities in connection with the\nRideshare Services. This indemnity shall be applicable without regard to the negligence of\nany party, including any indemnified person.\nLimitation of Liability\nIN NO EVENT WILL LYFT, INCLUDING OUR AFFILIATES, SUBSIDIARIES, PARENTS,\nSUCCESSORS AND ASSIGNS, AND EACH OF OUR RESPECTIVE OFFICERS,\nDIRECTORS, EMPLOYEES, AGENTS, OR SHAREHOLDERS (COLLECTIVELY “LYFT”\nFOR PURPOSES OF THIS SECTION), BE LIABLE TO YOU FOR ANY INCIDENTAL,\nSPECIAL, EXEMPLARY, PUNITIVE, CONSEQUENTIAL, OR INDIRECT DAMAGES\n(INCLUDING DAMAGES FOR DELETION, CORRUPTION, LOSS OF DATA, LOSS OF\nPROGRAMS, FAILURE TO STORE ANY INFORMATION OR OTHER CONTENT\nMAINTAINED OR TRANSMITTED BY THE LYFT PLATFORM, SERVICE INTERRUPTIONS,\nOR FOR THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES) ARISING OUT OF\nOR IN CONNECTION WITH THE LYFT PLATFORM, RIDESHARE SERVICES, OR THIS\nAGREEMENT, HOWEVER ARISING INCLUDING NEGLIGENCE, EVEN IF WE OR OUR\nAGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE\nPOSSIBILITY OF SUCH DAMAGES. THE LYFT PLATFORM MAY BE USED BY YOU TO\nREQUEST AND SCHEDULE TRANSPORTATION, GOODS, OR OTHER SERVICES WITH\nTHIRD-PARTY PROVIDERS, BUT YOU AGREE THAT LYFT HAS NO RESPONSIBILITY\nOR LIABILITY TO YOU RELATED TO ANY TRANSPORTATION, GOODS OR OTHER\nSERVICES PROVIDED TO YOU BY THIRD PARTY PROVIDERS OTHER THAN AS\nEXPRESSLY SET FORTH IN IN THIS AGREEMENT. CERTAIN JURISDICTIONS MAY NOT\nALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS\nAPPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR\nLIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.\nTerm and Termination\n\nThis Agreement is effective upon your acceptance of this Agreement. This Agreement may\nbe terminated: a) by User, without cause, upon seven (7) days’ prior written notice to Lyft; or\nb) by either Party immediately, without notice, upon the other Party’s material breach of this\nAgreement, including but not limited to any breach of Section 9 or breach of Section 10(a)\nthrough (i) of this Agreement. In addition, Lyft may terminate this Agreement or deactivate\nyour User account immediately in the event: (1) you no longer qualify to provide Rideshare\nServices or to operate the approved vehicle under applicable law, rule, permit, ordinance or\nregulation; (2) you fall below Lyft’s star rating or cancellation threshold; (3) Lyft has the good\nfaith belief that such action is necessary to protect the safety of the Lyft community or third\nparties, provided that in the event of a deactivation pursuant to (1)-(3) above, you will be\ngiven notice of the potential or actual deactivation and an opportunity to attempt to cure the\nissue to Lyft’s reasonable satisfaction prior to Lyft permanently terminating the Agreement.\nFor all other breaches of this Agreement, you will be provided notice and an opportunity to\ncure the breach. If the breach is cured in a timely manner and to Lyft’s satisfaction, this\nAgreement will not be permanently terminated. Sections 2, 6, 7 (with respect to the license),\n11-12, 14-19, and 21 shall survive any termination or expiration of this Agreement.\nDISPUTE RESOLUTION AND\nARBITRATION AGREEMENT\n(a) Agreement to Binding Arbitration Between You and Lyft.\nYOU AND LYFT MUTUALLY AGREE TO WAIVE OUR RESPECTIVE RIGHTS TO\nRESOLUTION OF DISPUTES IN A COURT OF LAW BY A JUDGE OR JURY AND AGREE\nTO RESOLVE ANY DISPUTE BY ARBITRATION, as set forth below. This agreement to\narbitrate (“Arbitration Agreement”) is governed by the Federal Arbitration Act (“FAA”); but if\nthe FAA is inapplicable for any reason, then this Arbitration Agreement is governed by the\nlaws of the State of Delaware, including Del. Code tit. 10, § 5701 et seq., without regard to\nchoice of law principles. This Arbitration Agreement survives after the Agreement terminates\nor your relationship with Lyft ends. ANY ARBITRATION UNDER THIS AGREEMENT WILL\nTAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS\nARE NOT PERMITTED. Except as expressly provided below, this Arbitration Agreement\napplies to all Claims (defined below) between you and Lyft, including our affiliates,\nsubsidiaries, parents, successors and assigns, and each of our respective officers, directors,\nemployees, agents, or shareholders. This Arbitration Agreement also applies to claims\nbetween you and Lyft’s service providers, including but not limited to background check\nproviders and payment processors; and such service providers shall be considered intended\nthird-party beneficiaries of this Arbitration Agreement.\nExcept as expressly provided below, ALL DISPUTES AND CLAIMS BETWEEN US (EACH A\n“CLAIM” AND COLLECTIVELY, “CLAIMS”) SHALL BE EXCLUSIVELY RESOLVED BY\nBINDING ARBITRATION SOLELY BETWEEN YOU AND LYFT. These Claims include, but\n\nare not limited to, any dispute, claim or controversy, whether based on past, present, or\nfuture events, arising out of or relating to: this Agreement and prior versions thereof\n(including the breach, termination, enforcement, interpretation or validity thereof), the Lyft\nPlatform, the Rideshare Services, rental or use of bikes or scooters through the Lyft Platform,\nLyft promotions, gift card, referrals or loyalty programs, any other goods or services made\navailable through the Lyft Platform, your relationship with Lyft, the threatened or actual\nsuspension, deactivation or termination of your User Account or this Agreement, background\nchecks performed by or on Lyft’s behalf, payments made by you or any payments made or\nallegedly owed to you, any promotions or offers made by Lyft, any city, county, state or\nfederal wage-hour law, trade secrets, unfair competition, compensation, breaks and rest\nperiods, expense reimbursement, wrongful termination, discrimination, harassment,\nretaliation, fraud, defamation, emotional distress, breach of any express or implied contract\nor covenant, claims arising under federal or state consumer protection laws; claims arising\nunder antitrust laws, claims arising under the Telephone Consumer Protection Act and Fair\nCredit Reporting Act; and claims arising under the Uniform Trade Secrets Act, Civil Rights\nAct of 1964, Americans With Disabilities Act, Age Discrimination in Employment Act, Older\nWorkers Benefit Protection Act, Family Medical Leave Act, Fair Labor Standards Act,\nEmployee Retirement Income Security Act of 1974 (except for individual claims for employee\nbenefits under any benefit plan sponsored by Lyft and covered by the Employee Retirement\nIncome Security Act of 1974 or funded by insurance), and state statutes, if any, addressing\nthe same or similar subject matters, and all other federal and state statutory and common law\nclaims. All disputes concerning the arbitrability of a Claim (including disputes about the\nscope, applicability, enforceability, revocability or validity of the Arbitration Agreement) shall\nbe decided by the arbitrator, except as expressly provided below.\nBY AGREEING TO ARBITRATION, YOU UNDERSTAND THAT YOU AND LYFT ARE\nWAIVING THE RIGHT TO SUE IN COURT OR HAVE A JURY TRIAL FOR ALL CLAIMS,\nEXCEPT AS EXPRESSLY OTHERWISE PROVIDED IN THIS ARBITRATION AGREEMENT.\nThis Arbitration Agreement is intended to require arbitration of every claim or dispute that can\nlawfully be arbitrated, except for those claims and disputes which by the terms of this\nArbitration Agreement are expressly excluded from the requirement to arbitrate.\n(b) Prohibition of Class Actions and Non-Individualized Relief.\nYOU UNDERSTAND AND AGREE THAT YOU AND LYFT MAY EACH BRING CLAIMS IN\nARBITRATION AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT ON\nA CLASS, COLLECTIVE ACTION, OR REPRESENTATIVE BASIS (“CLASS ACTION\nWAIVER”). YOU UNDERSTAND AND AGREE THAT YOU AND LYFT BOTH ARE WAIVING\nTHE RIGHT TO PURSUE OR HAVE A DISPUTE RESOLVED AS A PLAINTIFF OR CLASS\nMEMBER IN ANY PURPORTED CLASS, COLLECTIVE OR REPRESENTATIVE\nPROCEEDING. NOTWITHSTANDING THE FOREGOING, THIS SUBSECTION (B) SHALL\nNOT APPLY TO REPRESENTATIVE PRIVATE ATTORNEYS GENERAL ACT CLAIMS\nBROUGHT AGAINST LYFT, WHICH ARE ADDRESSED SEPARATELY IN SECTION 17(C).\n\nThe arbitrator shall have no authority to consider or resolve any Claim or issue any relief on\nany basis other than an individual basis. The arbitrator shall have no authority to consider or\nresolve any Claim or issue any relief on a class, collective, or representative basis. The\narbitrator may award declaratory or injunctive relief only in favor of the individual party\nseeking relief and only to the extent necessary to provide relief warranted by that party's\nindividual claims.\nNotwithstanding any other provision of this Agreement, the Arbitration Agreement or the AAA\nRules, disputes regarding the interpretation, applicability, or enforceability of the Class Action\nWaiver may be resolved only by a court and not by an arbitrator. In any case in which: (1) the\ndispute is filed as a class, collective, or representative action and (2) there is a final judicial\ndetermination that the Class Action Waiver is unenforceable with respect to any Claim or any\nparticular remedy for a Claim (such as a request for public injunctive relief), then that Claim\nor particular remedy (and only that Claim or particular remedy) shall be severed from any\nremaining claims and/or remedies and may be brought in a court of competent jurisdiction,\nbut the Class Action Waiver shall be enforced in arbitration on an individual basis as to all\nother Claims or remedies to the fullest extent possible.\n(c) Representative PAGA Waiver.\nNotwithstanding any other provision of this Agreement or the Arbitration Agreement, to the\nfullest extent permitted by law: (1) you and Lyft agree not to bring a representative action on\nbehalf of others under the Private Attorneys General Act of 2004 (“PAGA”), California Labor\nCode § 2698 et seq., in any court or in arbitration, and (2) for any claim brought on a private\nattorney general basis, including under the California PAGA, both you and Lyft agree that any\nsuch dispute shall be resolved in arbitration on an individual basis only (i.e., to resolve\nwhether you have personally been aggrieved or subject to any violations of law), and that\nsuch an action may not be used to resolve the claims or rights of other individuals in a single\nor collective proceeding (i.e., to resolve whether other individuals have been aggrieved or\nsubject to any violations of law) (collectively, “representative PAGA Waiver”). Notwithstanding\nany other provision of this Agreement, the Arbitration Agreement or the AAA Rules, disputes\nregarding the scope, applicability, enforceability, revocability or validity of this representative\nPAGA Waiver may be resolved only by a civil court of competent jurisdiction and not by an\narbitrator. If any provision of this representative PAGA Waiver is found to be unenforceable or\nunlawful for any reason: (i) the unenforceable provision shall be severed from this\nAgreement; (ii) severance of the unenforceable provision shall have no impact whatsoever\non the Arbitration Agreement or the requirement that any remaining Claims be arbitrated on\nan individual basis pursuant to the Arbitration Agreement; and (iii) any such representative\nPAGA or other representative private attorneys general act claims must be litigated in a civil\ncourt of competent jurisdiction and not in arbitration. To the extent that there are any Claims\nto be litigated in a civil court of competent jurisdiction because a civil court of competent\njurisdiction determines that the representative PAGA Waiver is unenforceable with respect to\nthose Claims, the Parties agree that litigation of those Claims shall be stayed pending the\noutcome of any individual Claims in arbitration.\n(d) Rules Governing the Arbitration.\n\nAny arbitration conducted pursuant to this Arbitration Agreement shall be administered by the\nAmerican Arbitration Association (“AAA”) pursuant to its Consumer Arbitration Rules that are\nin effect at the time the arbitration is initiated, as modified by the terms set forth in this\nAgreement. Copies of these rules can be obtained at the AAA’s website (www.adr.org) (the\n“AAA Rules”). Notwithstanding the foregoing, if requested by you and if proper based on the\nfacts and circumstances of the Claims presented, the arbitrator shall have the discretion to\nselect a different set of AAA Rules, but in no event shall the arbitrator consolidate more than\none person’s Claims, or otherwise preside over any form of representative, collective, or\nclass proceeding. The parties may select a different arbitration administrator upon mutual\nwritten agreement.\nAs part of the arbitration, both you and Lyft will have the opportunity for reasonable discovery\nof non-privileged information that is relevant to the Claim. The arbitrator may award any\nindividualized remedies that would be available in court. The arbitrator may award\ndeclaratory or injunctive relief only in favor of the individual party seeking relief and only to\nthe extent necessary to provide relief warranted by that party's individual claims. The\narbitrator will provide a reasoned written statement of the arbitrator’s decision which shall\nexplain the award given and the findings and conclusions on which the decision is based.\nThe arbitrator will decide the substance of all claims in accordance with applicable law, and\nwill honor all claims of privilege recognized by law. The arbitrator shall not be bound by\nrulings in prior arbitrations involving different Riders or Drivers, but is bound by rulings in prior\narbitrations involving the same Rider or Driver to the extent required by applicable law. The\narbitrator’s award shall be final and binding and judgment on the award rendered by the\narbitrator may be entered in any court having jurisdiction thereof, provided that any award\nmay be challenged in a court of competent jurisdiction.\n(e) Arbitration Fees and Awards.\nThe payment of filing and arbitration fees will be governed by the relevant AAA Rules subject\nto the following modifications:\n1. If Lyft initiates arbitration under this Arbitration Agreement, Lyft will pay all AAA filing\nand arbitration fees.\n2. With respect to any Claims brought by Lyft against a Driver, or for Claims brought by a\nDriver against Lyft that: (A) are based on an alleged employment relationship between\nLyft and a Driver; (B) arise out of, or relate to, Lyft’s actual deactivation of a Driver’s\nUser account or a threat by Lyft to deactivate a Driver’s User account; (C) arise out of,\nor relate to, Lyft’s actual termination of a Driver’s Agreement with Lyft under the\ntermination provisions of this Agreement, or a threat by Lyft to terminate a Driver’s\nAgreement; (D) arise out of, or relate to, Fares (as defined in this Agreement, including\nLyft’s commission or fees on the Fares), tips, or average hourly guarantees owed by\nLyft to Drivers for Rideshare Services, other than disputes relating to referral bonuses,\nother Lyft promotions, or consumer-type disputes, or (E) arise out of or relate to\nbackground checks performed in connection with a user seeking to become a Driver\n(the subset of Claims in subsections (A)-(E) shall be collectively referred to as “Driver\nClaims”), Lyft shall pay all costs unique to arbitration (as compared to the costs of\nadjudicating the same claims before a court), including the regular and customary\n\narbitration fees and expenses (to the extent not paid by Lyft pursuant to the fee\nprovisions above). However, if you are the party initiating the Driver Claim, you shall be\nresponsible for contributing up to an amount equal to the filing fee that would be paid\nto initiate the claim in the court of general jurisdiction in the state in which you provide\nRideshare Services to Riders, unless a lower fee amount would be owed by you\npursuant to the AAA Rules, applicable law, or subsection (e)(1) above. Any dispute as\nto whether a cost is unique to arbitration shall be resolved by the arbitrator. For\npurposes of this Section 17(e)(2), the term “Driver” shall be deemed to include both\nDrivers and Driver applicants who have not been approved to drive.\n3. Except as provided in Federal Rule of Civil Procedure 68 or any state equivalents,\neach party shall pay its own attorneys’ fees and pay any costs that are not unique to\nthe arbitration (i.e., costs that each party would incur if the claim(s) were litigated in a\ncourt such as costs to subpoena witnesses and/or documents, take depositions and\npurchase deposition transcripts, copy documents, etc.).\n4. At the end of any arbitration, the arbitrator may award reasonable fees and costs or\nany portion thereof to you if you prevail, to the extent authorized by applicable law.\n5. Although under some laws Lyft may have a right to an award of attorneys' fees and\nnon-filing fee expenses if it prevails in an arbitration, Lyft agrees that it will not seek\nsuch an award unless you are represented by an attorney or the arbitrator has\ndetermined that the claim is frivolous or brought for an improper purpose (as measured\nby the standards of Federal Rule of Civil Procedure 11(b)).\n6. If the arbitrator issues you an award that is greater than the value of Lyft’s last written\nsettlement offer made after you participated in good faith in the optional Negotiation\nprocess described in subsection (k) below, then Lyft will pay you the amount of the\naward or U.S. $1,000, whichever is greater.\n(f) Location and Manner of Arbitration.\nUnless you and Lyft agree otherwise, any arbitration hearings between Lyft and a Rider will\ntake place in the county of your billing address, and any arbitration hearings between Lyft\nand a Driver will take place in the county in which the Driver provides Rideshare Services. If\nAAA arbitration is unavailable in your county, the arbitration hearings will take place in the\nnearest available location for a AAA arbitration. Your right to a hearing will be determined by\nthe AAA Rules.\n(g) Exceptions to Arbitration.\nThis Arbitration Agreement shall not require arbitration of the following types of claims: (1)\nsmall claims actions brought on an individual basis that are within the scope of such small\nclaims court’s jurisdiction; (2) a representative action brought on behalf of others under PAGA\nor other private attorneys general acts, to the extent the representative PAGA Waiver in\nSection 17(c) of such action is deemed unenforceable by a court of competent jurisdiction\nunder applicable law not preempted by the FAA; (3) claims for workers’ compensation, state\ndisability insurance and unemployment insurance benefits; (4) claims that may not be subject\nto arbitration as a matter of generally applicable law not preempted by the FAA; and (5)\nindividual claims of sexual assault or sexual harassment in connection with the use of the Lyft\nPlatform or Rideshare Services. Where these claims are brought in a court of competent\njurisdiction, Lyft will not require arbitration of those claims. Lyft's agreement not to require\narbitration of these claims does not waive the enforceability of any other provision of this\nArbitration Agreement (including without limitation the waivers provided in Section 17(b)), or\n\nof the enforceability of this Arbitration Agreement as to any other dispute, claim, or\ncontroversy.\nNothing in this Arbitration Agreement prevents you from making a report to or filing a claim or\ncharge with the Equal Employment Opportunity Commission, U.S. Department of Labor,\nSecurities Exchange Commission, National Labor Relations Board (“NLRB”), or Office of\nFederal Contract Compliance Programs, or similar local, state or federal agency, and nothing\nin this Arbitration Agreement shall be deemed to preclude or excuse a party from bringing an\nadministrative claim before any agency in order to fulfill the party's obligation to exhaust\nadministrative remedies before making a claim in arbitration However, should you bring an\nadministrative claim, you may only seek or recover money damages of any type pursuant to\nthis Arbitration Provision, and you knowingly and voluntarily waive the right to seek or\nrecover money damages of any type pursuant to any administrative complaint, except for a\ncomplaint issued by the NLRB. Should you participate in an NLRB proceeding, you may only\nrecover money damages if such recovery does not arise from or relate to a claim previously\nadjudicated under this Arbitration Provision or settled by you. Similarly, you may not recover\nmoney damages under this Arbitration Provision if you have already adjudicated such claim\nwith the NLRB. Nothing in this Agreement or Arbitration Agreement prevents your\nparticipation in an investigation by a government agency of any report, claim or charge\notherwise covered by this Arbitration Provision.\n(h) Severability.\nExcept as otherwise provided in the severability provisions in subsections (b) and (c) above,\nin the event that any portion of this Arbitration Agreement is deemed illegal or unenforceable\nunder applicable law not preempted by the FAA, such provision shall be severed and the\nremainder of the Arbitration Agreement shall be given full force and effect.\n(i) Driver Claims in Pending Settlement.\nIf you are a member of a putative class in a lawsuit against Lyft involving Driver Claims and a\nMotion for Preliminary Approval of a Settlement has been filed with the court in that lawsuit\nprior to this Agreement’s effective date (a “Pending Settlement Action”), then this Arbitration\nAgreement shall not apply to your Driver Claims in that particular class action. Instead, your\nDriver Claims in that Pending Settlement Action shall continue to be governed by the\narbitration provisions contained in the applicable Agreement that you accepted prior to this\nAgreement’s effective date.\n(j) Opting Out of Arbitration for Driver Claims That Are Not In a Pending Settlement Action.\nAs a Driver or Driver applicant, you may opt out of the requirement to arbitrate Driver Claims\ndefined in Section 17(e)(2) (except as limited by Section 17(i) above) pursuant to the terms of\nthis subsection if you have not previously agreed to an arbitration provision in Lyft’s Terms of\nService where you had the opportunity to opt out of the requirement to arbitrate. If you have\npreviously agreed to such an arbitration provision, you may opt out of any revisions to your\nprior arbitration agreement made by this provision in the manner specified below, but opting\nout of this arbitration provision has no effect on any previous, other, or future arbitration\nagreements that you may have with Lyft. If you have not previously agreed to such an\n\narbitration provision and do not wish to be subject to this Arbitration Agreement with respect\nto Driver Claims, you may opt out of arbitration with respect to such Driver Claims, other than\nthose in a Pending Settlement Action, by notifying Lyft in writing of your desire to opt out of\narbitration for such Driver Claims, which writing must be dated, signed and delivered by\nelectronic mail to arbitrationoptout@lyft.com.\nIn order to be effective, (A) the writing must clearly indicate your intent to opt out of this\nArbitration Agreement with respect to Driver Claims that are not part of a Pending Settlement\nAction, (B) the writing must include the name, phone number, and email address associated\nwith your User Account, and (C) the email containing the signed writing must be sent within\n30 days of the date this Agreement is executed by you. Should you not opt out within the 30-\nday period, you and Lyft shall be bound by the terms of this Arbitration Agreement in full\n(including with respect to Driver Claims that are not part of a Pending Settlement Action). As\nprovided in paragraph 17(i) above, any opt out that you submit shall not apply to any Driver\nClaims that are part of a Pending Settlement Action and your Driver Claims in any such\nPending Settlement Action shall continue to be governed by the arbitration provisions that\nare contained in the applicable Lyft Terms of Use that you agreed to prior to the effective date\nof this Agreement.\nCases have been filed against Lyft and may be filed in the future involving Driver Claims. You\nshould assume that there are now, and may be in the future, lawsuits against Lyft alleging\nclass, collective, and/or representative Driver Claims in which the plaintiffs seek to act on\nyour behalf, and which, if successful, could result in some monetary recovery to you. But if\nyou do agree to arbitration of Driver Claims with Lyft under this Arbitration Agreement, you\nare agreeing in advance that you will bring all such claims, and seek all monetary and other\nrelief, against Lyft in an individual arbitration, except for the Driver Claims that are part of a\nPending Settlement Action. You are also agreeing in advance that you will not participate in,\nor seek to recover monetary or other relief, for such claims in any court action or class,\ncollective, and/or representative action. You have the right to consult with counsel of your\nchoice concerning this Arbitration Agreement and you will not be subject to retaliation if you\nexercise your right to assert claims or opt-out of any Driver Claims under this Arbitration\nAgreement.\n(k) Optional Pre-Arbitration Negotiation Process.\nBefore initiating any arbitration or proceeding, you and Lyft may agree to first attempt to\nnegotiate any dispute, claim or controversy between the parties informally for 30 days, unless\nthis time period is mutually extended by you and Lyft. A party who intends to seek negotiation\nunder this subsection must first send to the other a written notice of the dispute (“Notice”).\nThe Notice must (1) describe the nature and basis of the claim or dispute; and (2) set forth\nthe specific relief sought. All offers, promises, conduct and statements, whether oral or\nwritten, made in the course of the negotiation by any of the parties, their agents, employees,\nand attorneys are confidential, privileged and inadmissible for any purpose, including as\nevidence of liability or for impeachment, in arbitration or other proceeding involving the\n\nparties, provided that evidence that is otherwise admissible or discoverable shall not be\nrendered inadmissible or non-discoverable as a result of its use in the negotiation.\nConfidentiality\nYou agree not to use any technical, financial, strategic and other proprietary and confidential\ninformation relating to Lyft’s business, operations and properties, information about a User\nmade available to you in connection with such User’s use of the Platform, which may include\nthe User’s name, pick-up location, contact information and photo (“Confidential Information”)\ndisclosed to you by Lyft for your own use or for any purpose other than as contemplated\nherein. You shall not disclose or permit disclosure of any Confidential Information to third\nparties, and you agree not to store separate and outside of the Lyft Platform any User\nInformation obtained from the Lyft Platform. As a Driver, you understand that some of Rider\nInformation you receive may be protected by federal and/or state confidentiality laws, such as\nthe Health Information Portability and Accountability Act of 1996 (“HIPAA”), governing the\nprivacy and security of protected (patient) health information. In the event that you know a\nRider, you should not disclose to anyone the identity of the Rider or the location that you\npicked up, or dropped off the Rider, as this could violate HIPAA. You understand that any\nviolation of the Agreement’s confidentiality provisions may violate HIPAA or state\nconfidentiality laws and could result in civil or criminal penalties against you. You agree to\ntake all reasonable measures to protect the secrecy of and avoid disclosure or use of\nConfidential Information of Lyft in order to prevent it from falling into the public domain.\nNotwithstanding the above, you shall not have liability to Lyft with regard to any Confidential\nInformation which you can prove: was in the public domain at the time it was disclosed by\nLyft or has entered the public domain through no fault of yours; was known to you, without\nrestriction, at the time of disclosure, as demonstrated by files in existence at the time of\ndisclosure; is disclosed with the prior written approval of Lyft; becomes known to you, without\nrestriction, from a source other than Lyft without breach of this Agreement by you and\notherwise not in violation of Lyft’s rights; or is disclosed pursuant to the order or requirement\nof a court, administrative agency, or other governmental body; provided, however, that You\nshall provide prompt notice of such court order or requirement to Lyft to enable Lyft to seek a\nprotective order or otherwise prevent or restrict such disclosure.\nRelationship with Lyft\nAs a Driver on the Lyft Platform, you acknowledge and agree that you and Lyft are in a direct\nbusiness relationship, and the relationship between the parties under this Agreement is\nsolely that of independent contracting parties. You and Lyft expressly agree that (1) this is not\nan employment agreement and does not create an employment relationship between you\nand Lyft; and (2) no joint venture, franchisor-franchisee, partnership, or agency relationship is\n\nintended or created by this Agreement. You have no authority to bind Lyft, and you undertake\nnot to hold yourself out as an employee, agent or authorized representative of Lyft.\nLyft does not, and shall not be deemed to, direct or control you generally or in your\nperformance under this Agreement specifically, including in connection with your provision of\nRideshare Services, your acts or omissions, or your operation and maintenance of your\nvehicle. You retain the sole right to determine when, where, and for how long you will utilize\nthe Lyft Platform. Lyft does not, and shall not be deemed to, unilaterally prescribe specific\ndates, times of day, or any minimum number of hours for you to utilize the Lyft Platform. You\nretain the option to accept or to decline or ignore a Rider’s request for Rideshare Services via\nthe Lyft Platform, or to cancel an accepted request for Rideshare Services via the Lyft\nPlatform, subject to Lyft’s then-current cancellation policies. Lyft does not, and shall not be\ndeemed to, require you to accept any specific request for Rideshare Services as a condition\nof maintaining access to the platform. With the exception of any signage required by law or\npermit/license rules or requirements, Lyft shall have no right to require you to: (a) display\nLyft’s names, logos or colors on your vehicle(s); or (b) wear a uniform or any other clothing\ndisplaying Lyft’s names, logos or colors. You acknowledge and agree that you have complete\ndiscretion to provide Rideshare Services or otherwise engage in any other business or\nemployment activities, including but not limited to providing services similar to the Rideshare\nServices to other companies, and that Lyft does not, and shall not be deemed to, restrict you\nfrom engaging in any such activity.\nOther Services\nIn addition to connecting Riders with Drivers, the Lyft Platform may enable Users to provide\nor receive services from other third parties. For example, Users may be able to use the Lyft\nPlatform to plan and reserve rides on public transportation, take a ride in an autonomous\nvehicle provided by a third party, rent vehicles, or obtain financial services provided by third\nparties (collectively, the “Other Services”). You understand that the Other Services are\nsubject to the terms and pricing of the third-party provider. If you choose to purchase Other\nServices through the Lyft Platform, you authorize Lyft to charge your payment method on file\naccording to the pricing terms set by the third-party provider. You agree that Lyft is not\nresponsible and may not be held liable for the Other Services or the actions or omissions of\nthe third-party provider. Such Other Services may not be investigated, monitored or checked\nfor accuracy, appropriateness, or completeness by us, and we are not responsible for any\nOther Services accessed through the Lyft Platform. This Agreement incorporates by\nreference ADT Mobile Security Monitoring Terms. In the event of a conflict in the terms of the\nADT Mobile Security Monitoring Terms and this Agreement, the terms of this Agreement shall\ncontrol with respect to Lyft and your agreements with Lyft herein, and the limitations of liability\nset forth in Section 15 above shall also apply to ADT. The Dispute Resolution and Arbitration\nAgreement provisions in Section 17 above shall apply instead of any terms in the ADT Mobile\n\nSecurity Monitoring Terms for all purposes except with respect to claims that are solely\nagainst ADT.\nGeneral\nExcept as provided in Section 17, this Agreement shall be governed by the laws of the State\nof California without regard to choice of law principles. This choice of law provision is only\nintended to specify the use of California law to interpret this Agreement and is not intended to\ncreate any other substantive right to non- Californians to assert claims under California law\nwhether by statute, common law, or otherwise. If any provision of this Agreement is or\nbecomes invalid or non- binding, the parties shall remain bound by all other provisions of this\nAgreement. In that event, the parties shall replace the invalid or non-binding provision with\nprovisions that are valid and binding and that have, to the greatest extent possible, a similar\neffect as the invalid or non-binding provision, given the contents and purpose of this\nAgreement. You agree that this Agreement and all incorporated agreements may be\nautomatically assigned by Lyft, in our sole discretion by providing notice to you. Except as\nexplicitly stated otherwise, any notices to Lyft shall be given by certified mail, postage prepaid\nand return receipt requested to Lyft, Inc., 548 Market Street, #68514 San Francisco, CA\n94104. Any notices to you shall be provided to you through the Lyft Platform or given to you\nvia the email address or physical you provide to Lyft during the registration process.\nHeadings are for reference purposes only and in no way define, limit, construe or describe\nthe scope or extent of such section. The words “include”, “includes” and “including” are\ndeemed to be followed by the words “without limitation”. A party’s failure to act with respect to\na breach by the other party does not constitute a waiver of the party’s right to act with respect\nto subsequent or similar breaches. This Agreement sets forth the entire understanding and\nagreement between you and Lyft with respect to the subject matter hereof and supersedes all\nprevious understandings and agreements between the parties, whether oral or written.\nIf you have any questions regarding the Lyft Platform or Rideshare Services, please contact\nus through our Help Center.\nLyft Privacy Policy\nLast Updated: June 30, 2021\nAt Lyft our mission is to improve people’s lives with the world’s best\ntransportation, providing a platform to help you get from point A to point B. To\n\ndo that, we need to collect, use, and share some of your personal information.\nThis Privacy Policy is meant to help you understand how Lyft does that and\nhow to exercise the choices and rights you have in your information.\nLyft’s privacy homepage provides additional information about our commitment\nto respecting your personal information, including ways for you to access and\ndelete that information.\nThe Scope of This Policy\nThis policy applies to all Lyft users, including Riders and Drivers (including Driver applicants),\nand to all Lyft platforms and services, including our apps, websites, features, and other\nservices (collectively, the “Lyft Platform”). Please remember that your use of the Lyft Platform\nis also subject to our Terms of Service.\nThe Information We Collect\nWhen you use the Lyft Platform, we collect the information you provide, usage information,\nand information about your device. We also collect information about you from other sources\nlike third-party services, and optional programs in which you participate, which we may\ncombine with other information we have about you. Here are the types of information we\ncollect about you:\nA. Information You Provide to Us\nAccount Registration. When you create an account with Lyft, we collect the information you\nprovide us, such as your name, email address, phone number, birth date, and payment\ninformation. You may choose to share additional info with us for your Rider profile, like your\nphoto or saved addresses (e.g., home or work), and set up other preferences (such as your\npreferred pronouns).\nDriver Information. If you apply to be a Driver, we will collect the information you provide in\nyour application, including your name, email address, phone number, birth date, profile\nphoto, physical address, government identification number (such as social security number),\ndriver’s license information, vehicle information, and car insurance information. We collect\nthe payment information you provide us, including your bank routing numbers, and tax\ninformation. Depending on where you want to drive, we may also ask for additional business\nlicense or permit information or other information to manage driving and programs relevant to\nthat location. We may need additional information from you at some point after you become a\nDriver, including information to confirm your identity (like a photo).\n\nRatings and Feedback. When you rate and provide feedback about Riders or Drivers, we\ncollect all of the information you provide in your feedback.\nCommunications. When you contact us or we contact you, we collect any information that\nyou provide, including the contents of the messages or attachments you send us.\nB. Information We Collect When You Use the Lyft Platform\nLocation Information. Great rides start with an easy and accurate pickup. The Lyft Platform\ncollects location information (including GPS and WiFi data) differently depending on your Lyft\napp settings and device permissions as well as whether you are using the platform as a\nRider or Driver:\nRiders: We collect your device’s precise location when you open and use the Lyft app,\nincluding while the app is running in the background from the time you request a ride until it\nends. Lyft also tracks the precise location of scooters and e-bikes at all times.\nDrivers: We collect your device’s precise location when you open and use the app, including\nwhile the app is running in the background when it is in driver mode. We also collect precise\nlocation for a limited time after you exit driver mode in order to detect ride incidents, and\ncontinue collecting it until a reported or detected incident is no longer active.\nUsage Information. We collect information about your use of the Lyft Platform, including ride\ninformation like the date, time, destination, distance, route, payment, and whether you used a\npromotional or referral code. We also collect information about your interactions with the Lyft\nPlatform like our apps and websites, including the pages and content you view and the dates\nand times of your use.\nDevice Information. We collect information about the devices you use to access the Lyft\nPlatform, including device model, IP address, type of browser, version of operating system,\nidentity of carrier and manufacturer, radio type (such as 4G), preferences and settings (such\nas preferred language), application installations, device identifiers, advertising identifiers, and\npush notification tokens. If you are a Driver, we also collect mobile sensor data from your\ndevice (such as speed, direction, height, acceleration, deceleration, and other technical\ndata).\nCommunications Between Riders and Drivers. We work with a third party to facilitate\nphone calls and text messages between Riders and Drivers without sharing either party’s\nactual phone number with the other. But while we use a third party to provide the\ncommunication service, we collect information about these communications, including the\nparticipants’ phone numbers, the date and time, and the contents of SMS messages. For\nsecurity purposes, we may also monitor or record the contents of phone calls made through\nthe Lyft Platform, but we will always let you know we are about to do so before the call\nbegins.\nAddress Book Contacts. You may set your device permissions to grant Lyft access to your\ncontact lists and direct Lyft to access your contact list, for example to help you refer friends to\nLyft. If you do this, we will access and store the names and contact information of the people\nin your address book.\n\nCookies, Analytics, and Third-Party Technologies. We collect information through the use\nof “cookies”, tracking pixels, data analytics tools like Google Analytics, SDKs, and other third-\nparty technologies to understand how you navigate through the Lyft Platform and interact\nwith Lyft advertisements, to make your Lyft experience safer, to learn what content is popular,\nto improve your site experience, to serve you better ads on other sites, and to save your\npreferences. Cookies are small text files that web servers place on your device; they are\ndesigned to store basic information and to help websites and apps recognize your browser.\nWe may use both session cookies and persistent cookies. A session cookie disappears after\nyou close your browser. A persistent cookie remains after you close your browser and may\nbe accessed every time you use the Lyft Platform. You should consult your web browser(s) to\nmodify your cookie settings. Please note that if you delete or choose not to accept cookies\nfrom us, you may miss out on certain features of the Lyft Platform.\nC. Information We Collect from Third Parties\nThird-Party Services. Third-party services provide us with information needed for core\naspects of the Lyft Platform, as well as for additional services, programs, loyalty benefits, and\npromotions that can enhance your Lyft experience. These third-party services include\nbackground check providers, insurance partners, financial service providers, marketing\nproviders, and other businesses. We obtain the following information about you from these\nthird-party services:\nInformation to make the Lyft Platform safer, like background check information for drivers;\nInformation about your participation in third-party programs that provide things like insurance\ncoverage and financial instruments, such as insurance, payment, transaction, and fraud\ndetection information;\nInformation to operationalize loyalty and promotional programs or applications, services, or\nfeatures you choose to connect or link to your Lyft account, such as information about your\nuse of such programs, applications, services, or features; and\nInformation about you provided by specific services, such as demographic and market\nsegment information.\nEnterprise Programs. If you use Lyft through your employer or other organization that\nparticipates in one of our Lyft Business enterprise programs, we will collect information about\nyou from those parties, such as your name and contact information.\nConcierge Service. Sometimes another business or entity may order you a Lyft ride. If an\norganization has ordered a ride for you using our Concierge service, they will provide us your\ncontact information and the pickup and drop-off location of your ride.\nReferral Programs. Friends help friends use the Lyft Platform. If someone refers you to Lyft,\nwe will collect information about you from that referral including your name and contact\ninformation.\nOther Users and Sources. Other users or public or third-party sources such as law\nenforcement, insurers, media, or pedestrians may provide us information about you, for\nexample as part of an investigation into an incident or to provide you support.\n\nHow We Use Your Information\nWe use your personal information to:\nProvide the Lyft Platform;\nMaintain the security and safety of the Lyft Platform and its users;\nBuild and maintain the Lyft community;\nProvide customer support;\nImprove the Lyft Platform; and\nRespond to legal proceedings and obligations.\nProviding the Lyft Platform. We use your personal information to provide an intuitive,\nuseful, efficient, and worthwhile experience on our platform. To do this, we use your personal\ninformation to:\nVerify your identity and maintain your account, settings, and preferences;\nConnect you to your rides and track their progress;\nCalculate prices and process payments;\nAllow Riders and Drivers to connect regarding their ride and to choose to share their location\nwith others;\nCommunicate with you about your rides and experience;\nCollect feedback regarding your experience;\nFacilitate additional services and programs with third parties; and\nOperate contests, sweepstakes, and other promotions.\nMaintaining the Security and Safety of the Lyft Platform and its Users. Providing you a\nsecure and safe experience drives our platform, both on the road and on our apps. To do\nthis, we use your personal information to:\nAuthenticate users;\nVerify that Drivers and their vehicles meet safety requirements;\nInvestigate and resolve incidents, accidents, and insurance claims;\nEncourage safe driving behavior and avoid unsafe activities;\nFind and prevent fraud; and\nBlock and remove unsafe or fraudulent users from the Lyft Platform.\nBuilding and Maintaining the Lyft Community. Lyft works to be a positive part of the\ncommunity. We use your personal information to:\nCommunicate with you about events, promotions, elections, and campaigns;\nPersonalize and provide content, experiences, communications, and advertising to promote\nand grow the Lyft Platform; and\nHelp facilitate donations you choose to make through the Lyft Platform.\nProviding Customer Support. We work hard to provide the best experience possible,\nincluding supporting you when you need it. To do this, we use your personal information to:\nInvestigate and assist you in resolving questions or issues you have regarding the Lyft\nPlatform; and\n\nProvide you support or respond to you.\nImproving the Lyft Platform. We are always working to improve your experience and\nprovide you with new and helpful features. To do this, we use your personal information to:\nPerform research, testing, and analysis;\nDevelop new products, features, partnerships, and services;\nPrevent, find, and resolve software or hardware bugs and issues; and\nMonitor and improve our operations and processes, including security practices, algorithms,\nand other modeling.\nResponding to Legal Proceedings and Requirements. Sometimes the law, government\nentities, or other regulatory bodies impose demands and obligations on us with respect to the\nservices we seek to provide. In such a circumstance, we may use your personal information\nto respond to those demands or obligations.\nHow We Share Your Information\nWe do not sell your personal information. To make the Lyft Platform work, we may need to\nshare your personal information with other users, third parties, and service providers. This\nsection explains when and why we share your information.\nA. Sharing Between Lyft Users\nRiders and Drivers.\nRider information shared with Driver: Upon receiving a ride request, we share with the Driver\nthe Rider’s pickup location, name, profile photo, rating, Rider statistics (like approximate\nnumber of rides and years as a Rider), and information the Rider includes in their Rider\nprofile (like preferred pronouns). Upon pickup and during the ride, we share with the Driver\nthe Rider’s destination and any additional stops the Rider inputs into the Lyft app. Once the\nride is finished, we also eventually share the Rider’s rating and feedback with the Driver. (We\nremove the Rider’s identity associated with ratings and feedback when we share it with\nDrivers, but a Driver may be able to identify the Rider that provided the rating or feedback.)\nDriver information shared with Rider: Upon a Driver accepting a requested ride, we will share\nwith the Rider the Driver’s name, profile photo, preferred pronouns, rating, real-time location,\nand the vehicle make, model, color, and license plate, as well as other information in the\nDriver’s Lyft profile, such as information Drivers choose to add (like country flag and why you\ndrive) and Driver statistics (like approximate number of rides and years as a Driver).\nAlthough we help Riders and Drivers communicate with one another to arrange a pickup, we\ndo not share your actual phone number or other contact information with other users. If you\nreport a lost or found item to us, we will seek to connect you with the relevant Rider or Driver,\nincluding sharing actual contact information with your consent.\n\nShared Ride Riders. When Riders use a Lyft Shared ride, we share each Rider’s name and\nprofile picture to ensure safety. Riders may also see each other’s pickup and drop-off\nlocations as part of knowing the route while sharing the ride.\nRides Requested or Paid For by Others. Some rides you take may be requested or paid\nfor by others. If you take one of those rides using your Lyft Business Profile account, a code\nor coupon, a subsidized program (e.g., transit or government), or a corporate credit card\nlinked to another account, or another user otherwise requests or pays for a ride for you, we\nmay share some or all of your ride details with that other party, including the date, time,\ncharge, rating given, region of trip, and pick up and drop off location of your ride.\nReferral Programs. If you refer someone to the Lyft Platform, we will let them know that you\ngenerated the referral. If another user referred you, we may share information about your use\nof the Lyft Platform with that user. For example, a referral source may receive a bonus when\nyou join the Lyft Platform or complete a certain number of rides and would receive such\ninformation.\nB. Sharing With Third-Party Service Providers for Business Purposes\nDepending on whether you’re a Rider or a Driver, Lyft may share the following categories of\nyour personal information for a business purpose (as we have done for the preceding 12\nmonths) to provide you with a variety of the Lyft Platform’s features and services:\nPersonal identifiers, such as your name, address, email address, phone number, date of\nbirth, government identification number (such as social security number), driver’s license\ninformation, vehicle information, and car insurance information;\nFinancial information, such as bank routing numbers, tax information, and any other payment\ninformation you provide us;\nCommercial information, such as ride information, Driver/Rider statistics and feedback, and\nDriver/Rider transaction history;\nInternet or other electronic network activity information, such as your IP address, type of\nbrowser, version of operating system, carrier and/or manufacturer, device identifiers, and\nmobile advertising identifiers; and\nLocation data.\nWe disclose those categories of personal information to service providers to fulfill the\nfollowing business purposes:\nMaintaining and servicing your Lyft account;\nProcessing or fulfilling rides;\nProviding you customer service;\nProcessing Rider transactions;\nProcessing Driver applications and payments;\nVerifying the identity of users;\nDetecting and preventing fraud;\nProcessing insurance claims;\nProviding Driver loyalty and promotional programs;\nProviding marketing and advertising services to Lyft;\nProviding financing;\nProviding requested emergency services;\n\nProviding analytics services to Lyft; and\nUndertaking internal research to develop the Lyft Platform.\nC. For Legal Reasons and to Protect the Lyft Platform\nWe may share your personal information in response to a legal obligation, or if we have\ndetermined that sharing your personal information is reasonably necessary or appropriate to:\nComply with any applicable federal, state, or local law or regulation, civil, criminal or\nregulatory inquiry, investigation or legal process, or enforceable governmental request;\nRespond to legal process (such as a search warrant, subpoena, summons, or court order);\nEnforce our Terms of Service;\nCooperate with law enforcement agencies concerning conduct or activity that we reasonably\nand in good faith believe may violate federal, state, or local law; or\nExercise or defend legal claims, protect against harm to our rights, property, interests, or\nsafety or the rights, property, interests, or safety of you, third parties, or the public as required\nor permitted by law.\nD. In Connection with Sale or Merger\nWe may share your personal information while negotiating or in relation to a change of\ncorporate control such as a restructuring, merger, or sale of our assets.\nE. Upon Your Further Direction\nWith your permission or upon your direction, we may disclose your personal information to\ninteract with a third party or for other purposes.\nHow We Store and Protect Your\nInformation\nWe retain your information for as long as necessary to provide you and our other users the\nLyft Platform. This means we keep your profile information for as long as you maintain an\naccount. We retain transactional information such as rides and payments for at least seven\nyears to ensure we can perform legitimate business functions, such as accounting for tax\nobligations. If you request account deletion, we will delete your information as set forth in the\n“Deleting Your Account” section below.\nWe take reasonable and appropriate measures designed to protect your personal\ninformation. But no security measures can be 100% effective, and we cannot guarantee the\nsecurity of your information, including against unauthorized intrusions or acts by third parties.\nYour Rights And Choices\nRegarding Your Data\n\nAs explained more below and on our privacy homepage, Lyft provides ways for you to access\nand delete your personal information as well as exercise other data rights that give you\ncertain control over your personal information.\nA. All Users\nEmail Subscriptions. You can always unsubscribe from our commercial or promotional\nemails by clicking unsubscribe in those messages. We will still send you transactional and\nrelational emails about your use of the Lyft Platform.\nText Messages. You can opt out of receiving commercial or promotional text messages by\ntexting the word END to 46080 from the mobile device receiving the messages. You may also\nopt out of receiving all texts from Lyft (including transactional or relational messages) by\ntexting the word STOPALL to 46080 from the mobile device receiving the messages. Note\nthat opting out of receiving all texts may impact your use of the Lyft Platform. Drivers can also\nopt out of driver-specific messages by texting STOP in response to a driver SMS. To re-\nenable texts you can text START in response to an unsubscribe confirmation SMS.\nPush Notifications. You can opt out of receiving push notifications through your device\nsettings. Please note that opting out of receiving push notifications may impact your use of\nthe Lyft Platform (such as receiving a notification that your ride has arrived).\nProfile Information. You can review and edit certain account information you have chosen to\nadd to your profile by logging in to your account settings and profile.\nLocation Information. You can prevent your device from sharing location information\nthrough your device’s system settings. But if you do, this may impact Lyft’s ability to provide\nyou our full range of features and services.\nCookie Tracking. You can modify your cookie settings on your browser, but if you delete or\nchoose not to accept our cookies, you may be missing out on certain features of the Lyft\nPlatform.\nDo Not Track. Your browser may offer you a “Do Not Track” option, which allows you to\nsignal to operators of websites and web applications and services that you do not want them\nto track your online activities. The Lyft Platform does not currently support Do Not Track\nrequests at this time.\nDeleting Your Account. If you would like to delete your Lyft account, please visit our privacy\nhomepage. In some cases, we will be unable to delete your account, such as if there is an\nissue with your account related to trust, safety, or fraud. When we delete your account, we\nmay retain certain information for legitimate business purposes or to comply with legal or\nregulatory obligations. For example, we may retain your information to resolve open\ninsurance claims, or we may be obligated to retain your information as part of an open legal\nclaim. When we retain such data, we do so in ways designed to prevent its use for other\npurposes.\n\nB. California Residents\nThe California Consumer Privacy Act provides some California residents with the additional\nrights listed below. To exercise these rights see the “Exercising Your California Privacy\nRights” section or visit our privacy homepage. For metrics regarding rights requests, see\nhere.\nRight to Know. You have the right to know and see what data we have collected about you\nover the past 12 months, including:\nThe categories of personal information we have collected about you;\nThe categories of sources from which the personal information is collected;\nThe business or commercial purpose for collecting your personal information;\nThe categories of third parties with whom we have shared your personal information; and\nThe specific pieces of personal information we have collected about you.\nRight to Delete. You have the right to request that we delete the personal information we\nhave collected from you (and direct our service providers to do the same). There are a\nnumber of exceptions, however, that include, but are not limited to, when the information is\nnecessary for us or a third party to do any of the following:\nComplete your transaction;\nProvide you a good or service;\nPerform a contract between us and you;\nProtect your security and prosecute those responsible for breaching it;\nFix our system in the case of a bug;\nProtect the free speech rights of you or other users;\nComply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546\net seq.);\nEngage in public or peer-reviewed scientific, historical, or statistical research in the public\ninterests that adheres to all other applicable ethics and privacy laws;\nComply with a legal obligation; or\nMake other internal and lawful uses of the information that are compatible with the context in\nwhich you provided it.\nOther Rights. You can request certain information about our disclosure of personal\ninformation to third parties for their own direct marketing purposes during the preceding\ncalendar year. This request is free and may be made once a year. You also have the right not\nto be discriminated against for exercising any of the rights listed above.\nExercising Your California Privacy Rights. To request access to or deletion of your\npersonal information, or to exercise any other data rights under California law, please contact\nus using one of the following methods:\nWebsite: You may visit our privacy homepage to authenticate and exercise rights via our\nwebsite.\nEmail webform: You may write to us to exercise rights.\n\nTo respond to some rights we will need to verify your request either by asking you to log in\nand authenticate your account or otherwise verify your identity by providing information about\nyourself or your account. Authorized agents can make a request on your behalf if you have\ngiven them legal power of attorney or we are provided proof of signed permission, verification\nof your identity, and confirmation that you provided the agent permission to submit the\nrequest.\nResponse Timing and Format. We aim to respond to a consumer request for access or\ndeletion within 45 days of receiving that request. If we require more time, we will inform you\nof the reason and extension period in writing.\nChildren’s Data\nLyft is not directed to children, and we don’t knowingly collect personal information from\nchildren under the age of 13. If we find out that a child under 13 has given us personal\ninformation, we will take steps to delete that information. If you believe that a child under the\nage of 13 has given us personal information, please contact us at our Help Center.\nLinks to Third-Party Websites\nThe Lyft Platform may contain links to third-party websites. Those websites may have privacy\npolicies that differ from ours. We are not responsible for those websites, and we recommend\nthat you review their policies. Please contact those websites directly if you have any\nquestions about their privacy policies.\nChanges to This Privacy Policy\nWe may update this policy from time to time as the Lyft Platform changes and privacy law\nevolves. If we update it, we will do so online, and if we make material changes, we will let you\nknow through the Lyft Platform or by some other method of communication like email. When\nyou use Lyft, you are agreeing to the most recent terms of this policy.\nContact Us\nIf you have any questions or concerns about your privacy or anything in this policy, including\nif you need to access this policy in an alternative format, we encourage you to contact us.\n","paragraphs":null,"sentences":null},"annotations":[{"general_category":"Limitation of remedy clauses","name":"Limitation of company's liability","legal_ground":"Annex 1(a) Directive 93/13","code":"ltd","score":-1,"explanation":"Unlawful limitation of liablility for damages connected with the use of service, when the company limits its liability for at least one of the following: (a) personal injury or (b) non-performance against consumers or (c) intentionally caused damage"},{"general_category":"Limitation of remedy clauses","name":"Maximal threshold of company's liability","legal_ground":"Annex 1(a) Directive 93/13","code":"ltd_cap","score":1,"explanation":"There is no max amount of the damages possible to be claimed"},{"general_category":"Limitation of remedy clauses","name":"Limitation period","legal_ground":"art. 119 KC*****","code":"period","score":0,"explanation":"The ToS does not contain a clause described above"},{"general_category":"Limitation of remedy clauses","name":"No promises","legal_ground":"Article 8 Directive 2019/770","code":"as_is","score":-1,"explanation":"Presence of as-is clause. An \"as-is clause\" is a contractual provision that states that the work or product being provided by the developer or service provider is provided in its current condition, without any additional warranties or guarantees, except for those explicitly stated in the agreement. It serves to limit the developer's liability and makes it clear that the client accepts the work as it is."},{"general_category":"Limitation of remedy clauses","name":"Indemnification clause","legal_ground":"-","code":"indemn","score":0,"explanation":"Indemnification clause is present in ToS. An indemnification clause establishes obligation for one party (the indemnifying party) to compensate the other party (the indemnified party) for specific costs and expenses arising from third-party claims or direct claims."},{"general_category":"Dispute resolution clauses","name":"Choice of law other than user's domicile","legal_ground":"Article 6 Rome I****","code":"c_law","score":-1,"explanation":"The ToS provides that a law other than the law of the user's habitual residence will apply to disputes arising in connection with the contract"},{"general_category":"Dispute resolution clauses","name":"Choice of forum other than user's domicile","legal_ground":"Annex 1(q) Directive 93/13","code":"c_forum","score":1,"explanation":"Lack of choice of forum/\"you can bring claims in your place of domicile\""},{"general_category":"Dispute resolution clauses","name":"Mandatory arbitration","legal_ground":"Annex 1(q) Directive 93/13 + art. 385[3] pkt 23 KC","code":"arb","score":-1,"explanation":"The user is obliged to file a case before an arbitration court specified in the ToS, instead of suing the company with a traditional lawsuit."},{"general_category":"Dispute resolution clauses","name":"Class action waiver","legal_ground":"-","code":"class","score":-1,"explanation":"The ToS forbids the user to be in a group of people collectively filing a lawsuit as one party in civil proceedings."},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of contract","legal_ground":"Annex 1(j) Directive 93/13","code":"contr_chg","score":-1,"explanation":"When the company reserves the right to change the contract without a valid reason (the ToS state the company can always change the contract)"},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of future prices","legal_ground":"partially Annex 1(j) Directive 93/13","code":"price_chg","score":0,"explanation":"When the company reserves the right to change the future price of services that were not yet supplied or enabled"},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of service by the company","legal_ground":"Article 19 Directive 2019/770","code":"serv_chg","score":1,"explanation":"When the company reserves the right to change the service with a valid reason specified in the contract or does not reserve a right to unilaterally change it at all"},{"general_category":"Unilateral alteration clauses","name":"Account deletion and unilateral termination of contract by the company","legal_ground":"Annex 1(g) Directive 93/13***","code":"acc_del","score":0,"explanation":"When the company reserves the right to delete a user’s account without serious grounds but with a notice period or with serious grounds but without a notice period. "},{"general_category":"Unilateral alteration clauses","name":"Transfer of contractual rights to another subject","legal_ground":"Annex 1(p) Directive 93/13","code":"transfer","score":-1,"explanation":"When the ToS allows for contractual rights’ transfer to another subject without user’s consent"},{"general_category":"Right to police the behaviour of users","name":"Account suspension","legal_ground":"partially inferred from Article 6 Directive 2019/770 & Article 17 DSA","code":"acc_sus","score":1,"explanation":"When the company reserves the right to suspend a user’s account only with serious grounds and a notice period or does not reserve a right to suspend it at all"},{"general_category":"Regulatory requirements","name":"Internal complaint-handling system","legal_ground":"Article 17 DSA","code":"com_sys","score":-1,"explanation":"Lack of internal complaint-handling system that allow the user to file a complain on a decision made by the company concerning user's rights under the contract, before going to court or other institution. Information about a right to present the case to the court or other institution does not count."},{"general_category":"Various","name":"Discretional power to interpret the ToS","legal_ground":"Annex 1(m) Directive 93/13","code":"discret","score":-1,"explanation":"The company reserves the exclusive right to interpret any term of the contract only by itself"},{"general_category":"Various","name":"Severability clauses ","legal_ground":"-","code":"sever","score":0,"explanation":"The ToS contains provisions that keep the remaining part of the contract in force in case a court declare one or more of its provisions unconstitutional, void, or unenforceable (severability clauses)"},{"general_category":"Various","name":"Right to incorporate user's feedback or suggestions without compensation","legal_ground":"-","code":"suggest","score":0,"explanation":"According to ToS, the company has a right to incorporate into the service user feedback or suggestions without compensation"}]}