Terms of Service

Agreement to Terms

By accessing or using the Exclu-cycle mobile application and services, you agree to be bound by these Terms of Service. If you do not agree to these terms, please do not use our services.

Description of Service

Exclu-cycle provides a technology platform that connects riders seeking pedicab transportation with independent pedicab operators ("drivers"). We facilitate the booking, matching, and payment of pedicab rides but do not directly provide transportation services.

Independent Contractors: Drivers using the Exclu-cycle platform are independent contractors, not employees, agents, or representatives of Exclu-cycle. Exclu-cycle does not control the manner or method by which drivers provide transportation services. The relationship between Exclu-cycle and drivers is solely that of independent contracting parties.

User Accounts

To use our services, you must:

• Be at least 18 years of age
• Provide a valid phone number for account verification via SMS one-time password (OTP)
• Provide accurate and complete registration information
• Maintain the security of your account
• Notify us immediately of any unauthorized use of your account

You are responsible for all activity that occurs under your account. By creating an account, you consent to receive SMS messages for login verification. Standard message and data rates may apply.

Location and Notification Consent

By using Exclu-cycle, you consent to:

• Location services: Collection of precise GPS location data while using the app. Riders: while the app is in use. Drivers: while your status is set to online. During active rides, GPS breadcrumbs are recorded approximately every 3 seconds for fare metering and tracking.
• Push notifications: Receiving push notifications about ride status, driver arrival, account updates, and service announcements. You may disable push notifications in your device settings.
• SMS messages: Receiving SMS one-time passwords for account login.

Rider Terms

Requesting Rides

As a rider, you may request rides by:

• Specifying your pickup and dropoff locations
• Indicating the number of passengers
• Reviewing the estimated fare before confirming
• Optionally adding a fare boost to increase your offer

Joy Rides

Exclu-cycle offers "Joy Rides" — timed scenic rides that do not require a destination. Joy Rides are billed at tiered pricing based on the duration selected. The fare is determined at the time of booking based on the time tier chosen.

Fare Boosts

You may add a fare boost (pre-ride tip) to your ride request to increase the likelihood of driver acceptance. Fare boosts can only be added while your ride is in "requested" status and before a driver accepts.

Rider Responsibilities

As a rider, you agree to:

• Provide accurate pickup and dropoff locations
• Be present and ready at your pickup location when the driver arrives
• Not exceed the passenger capacity of the pedicab
• Treat drivers with respect and courtesy
• Pay all applicable fares and fees
• Comply with all applicable laws during your ride
• Not engage in illegal, harmful, or disruptive behavior
• Not consume alcohol or use illegal substances during the ride

Ratings and Feedback

After each ride, you may rate your driver (1-5 stars) and provide optional feedback. Ratings help maintain service quality. Abuse of the rating system may result in account suspension.

Driver Terms

Driver Requirements

To operate as a driver on our platform, you must:

• Be at least 18 years of age
• Possess a valid driver's license
• Maintain current liability insurance coverage for pedicab operations
• Obtain all required city permits and operator licenses
• Own or have authorized use of a compliant pedicab vehicle
• Pass our document verification and approval process

Document Requirements

Drivers must upload and maintain current:

• Driver's license (front and back)
• Certificate of Insurance (COI)
• City operator permits (where required)
• Vehicle permits (where required)
• Vehicle photos and information

Documents are subject to verification and approval, including automated OCR processing. Expired, invalid, or fraudulent documents will result in account suspension or termination.

Insurance Requirements

You must maintain liability insurance that covers pedicab operations. Your insurance passenger limit must match or exceed your vehicle's seat capacity. You must certify that you are authorized to operate under the insurance policy you provide.

Vehicle Requirements

Your pedicab must:

• Be in safe operating condition
• Meet all local safety and equipment requirements
• Have accurate seat count registered in the app
• Not carry more passengers than the registered seat count

Driver Responsibilities

As a driver, you agree to:

• Maintain all required licenses, permits, and insurance
• Keep your pedicab in safe operating condition
• Provide courteous and professional service
• Follow all applicable traffic laws and regulations
• Arrive promptly at pickup locations
• Transport riders safely to their destination
• Not operate under the influence of alcohol or drugs
• Keep your location updated while online

Ride Extensions

If you will be delayed arriving at a pickup location, you may request a time extension (5-30 minutes). The rider may accept or decline your extension request. Only one extension request is permitted per ride.

Driver Status

Your driver account may be in one of the following statuses:

• Pending: Awaiting document verification
• Approved: Fully verified and authorized to accept rides
• Suspended: Temporarily blocked (expired documents, investigation, etc.)
• Revoked: Permanently removed from the platform

Payments and Fees

Rider Payments

By using Exclu-cycle, riders agree to:

• Provide a valid payment method
• Authorize a pre-authorization hold on your payment method when a ride is requested
• Pay the final metered fare upon ride completion, plus any applicable fees and fare boosts
• Authorize automatic charges to your payment method upon ride completion

All payments are processed securely through Stripe.

Fare Calculation

Fares are calculated using a metered system based on:

• Distance: GPS-measured distance traveled during your ride
• Time: Duration of your ride
• Passengers: Number of passengers
• Fare boosts: Any pre-ride fare boost added by the rider

Before confirming your ride, you will see an estimated fare based on the expected route. The final fare is determined by the actual metered distance and time of your ride and may differ from the estimate. For Joy Rides, the fare is based on the time tier selected at booking.

Platform Service Fee

A platform service fee is applied to ride fares to support the operation and maintenance of the Exclu-cycle platform. Drivers receive the fare minus the applicable platform fee and payment processing fees.

Tips

Tips are paid 100% to drivers with no platform fee deducted. Tipping is optional and at the rider's discretion.

Driver Payouts

Drivers receive payouts through Stripe Connect. Drivers must complete Stripe Connect onboarding to receive payouts. Payout timing is determined by Stripe's payout schedule.

Cancellations, No-Shows, and Refunds

Rider Cancellations

You may cancel a ride request before a driver accepts at no charge. Cancellations after a driver accepts may result in a cancellation fee. Cancellation fee policies may vary by city.

No-Shows

If a driver arrives at the pickup location and the rider is not present within the designated waiting period, a no-show fee may be charged. No-show fee policies may vary by city.

Driver Cancellations

Drivers may cancel accepted rides in limited circumstances. Excessive cancellations may result in reduced visibility in the marketplace or account suspension.

Refunds

Refund requests are evaluated on a case-by-case basis. To request a refund, contact [email protected] with your ride details and reason for the request.

Safety and Conduct

Both riders and drivers must:

• Treat each other with respect
• Not engage in discrimination, harassment, or violence
• Follow all safety guidelines and laws
• Report any safety concerns to Exclu-cycle

Violation of these standards may result in account suspension or termination.

Limitation of Liability

Exclu-cycle is a technology platform that connects riders with independent pedicab operators. We are not a transportation provider. To the maximum extent permitted by law, Exclu-cycle is not liable for:

• The actions or conduct of drivers or riders
• Accidents, injuries, or property damage during rides
• Delays, cancellations, or service interruptions
• Loss or damage to personal belongings
• Quality or safety of pedicab vehicles or driving

To the maximum extent permitted by law, Exclu-cycle shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of our services.

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, EXCLU-CYCLE'S TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM YOUR USE OF THE SERVICE SHALL NOT EXCEED THE TOTAL AMOUNT YOU PAID TO EXCLU-CYCLE IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

Indemnification

You agree to indemnify, defend, and hold harmless Exclu-cycle, its officers, directors, employees, and agents from any claims, damages, losses, liabilities, costs, or expenses (including attorneys' fees) arising from:

• Your use of the service
• Your violation of these terms
• Your violation of any law or the rights of any third party
• For drivers: your provision of transportation services

Dispute Resolution and Arbitration

Any disputes arising from these terms or your use of our services shall be resolved through binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, held in Franklin County, Ohio.

Class action waiver: You agree to resolve disputes individually. You waive any right to participate in a class action, collective action, or representative proceeding.

Small claims exception: Either party may bring an individual action in small claims court in Franklin County, Ohio, if the claim qualifies.

30-day opt-out: You may opt out of this arbitration agreement by sending written notice to [email protected] within 30 days of first accepting these Terms. Your notice must include your name, phone number, and a clear statement that you wish to opt out of arbitration.

Intellectual Property

All content, trademarks, logos, and intellectual property associated with Exclu-cycle are owned by us or our licensors. You may not use, copy, modify, or distribute our intellectual property without prior written permission.

Account Termination

We reserve the right to suspend or terminate your account at any time for:

• Violation of these terms
• Fraudulent or illegal activity
• Unsafe behavior or conduct
• Expired or invalid driver documents
• Any other reason at our discretion

You may also request to deactivate your account at any time by contacting support.

Changes to Terms

We may modify these Terms of Service at any time. We will notify you of material changes by posting the updated terms in the app or on our website. Continued use of the service after changes constitutes acceptance of the new terms.

Data Breach Notification

In the event of a data breach affecting your personal information, we will notify affected users within 72 hours of discovery via email or SMS, as required by applicable law.

Governing Law

These terms shall be governed by and construed in accordance with the laws of the State of Ohio, without regard to conflict of law principles.

Force Majeure

Exclu-cycle shall not be liable for any delay or failure in performance resulting from causes beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, government action, labor disputes, epidemics, or infrastructure failures.

General Provisions

Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions shall continue in full force and effect.

Entire agreement: These Terms, together with our Privacy Policy, constitute the entire agreement between you and Exclu-cycle regarding your use of our services.

Waiver: Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.

Contact Us

If you have questions about these Terms of Service, please contact us at:

Email: [email protected]

Exclu-cycle