Last updated February 10th, 2021
Optimus Ride provides users in select communities with free access to its self-driving mobility systems, and provides related services through the Platform, where registered users can view routes, schedules, and reserve a seat.
The Platform is intended for users who are at least 13 years old. Persons under the age of 13 are not permitted to register for the Services and must be accompanied by a registered user age 16 or older while present in our automated mobility services.
We grant you a revocable, non-exclusive, non-transferable, limited right to use the Services, including to install and use the App on wireless electronic devices owned or controlled by you, and to access and use the Services on or through such device strictly in accordance with the provision of this license, these Terms, and, as applicable, in accordance with the usage rules set forth in the Apple App Store or Google Play Store’s terms of service. You shall not:
You must be a registered user on the Platform in order to use many features of the Services, including to reserve a seat or ride on our self-driving mobility services. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).
You may not access or use the Services for any purpose other than that for which we make the Services available. You may not use the Services in connection with any commercial endeavors except those that are specifically endorsed or approved by us. You also agree not to:
We may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us through the Services, including but not limited to text, writings, video, audio, photographs, graphics, comments, feedback, suggestions, or other material (collectively, "Contributions"). You are solely responsible for your Contributions, and Contributions remain your property. However, by providing Contributions to us, you grant us a worldwide, perpetual, irrevocable, transferable, royalty-free license to use, copy, modify, create derivative works of, distribute, publicly display, or otherwise exploit in any manner, such Contributions in all formats and channels, without further notice to or consent from you. You expressly agree to indemnify us from any and all responsibility, and to refrain from any legal action against us, regarding your Contributions.
Contributions may be viewable by other users of the Services and through third-party websites. When you create or make available any Contributions, you represent and warrant that:
We reserve the right, but not the obligation, to:
To opt-out of promotional emails from us, click the unsubscribe link at the bottom of any such email. You may also adjust your communication preferences for email, text, and push notifications in your account settings. Note that even if you opt-out of marketing communications, you may still receive important communications from us concerning these Terms, your account, or the Services.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
Except as expressly excluded below, any disputes, claims, or causes of action arising out of or connected with your use of the App or our Services (each, a “Dispute”), will be finally and exclusively resolved by binding arbitration. You agree that any Dispute shall be resolved exclusively in individual (non-class) arbitration. The parties intend to be bound to the Federal Arbitration Act, 9 U.S.C. § 1 et seq. An arbitration means there will be no jury, and no judge.
Except as modified herein, the arbitration shall be commenced and conducted under the Consumer Arbitration Rules of the American Arbitration Association ("AAA") of which are available at the AAA website: www.adr.org. If for any reason, AAA is unable or unwilling to conduct the arbitration consistent with these terms, you and we will pick another arbitrator pursuant to 9 U.S. Code § 5. The arbitration may be conducted in person, through the submission of documents, by phone, or online, as you and we agree, or as decided by the arbitrator. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either party. The arbitrator must follow applicable law, and may grant any remedy, relief, or outcome that the parties could have received in court, including awards of attorney’s fees and costs, in accordance with the law(s) that applies to the case, except injunctive relief.
Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in Middlesex County, Massachusetts. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
You agree that any Dispute shall be resolved on an individual basis. Under no circumstances will you file, seek, or participate in a class action, mass action, or representative action in connection with a Dispute.
Notwithstanding the above, the following Disputes are not subject to binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, intellectual property rights; (b) any Dispute that may validly be brought in small-claims court; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court.
THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE PLATFORM AND OUR SERVICES ARE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES, PLATFORM CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE APP AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) PERSONAL INJURY, PROPERTY DAMAGE OR OTHER HARM OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (2) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (3) ANY INTERRUPTION OF THE SERVICES INCLUDING INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE PLATFORM, (4) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE PLATFORM BY ANY THIRD PARTY, AND/OR (5) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
WE SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE PLATFORM OR SERVICES. WE SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND OUR REASONABLE CONTROL. IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DISPUTE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO ONE HUNDRED DOLLARS ($100.00). CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, IN WHICH CASE SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.
In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at:
88 Black Falcon Ave, STE 188
Boston, MA 02210-2428