End-User License Agreement

Last updated June 21, 2023

Syotos App is licensed to You (End-User) by Syotos Technology, LLC., located and registered at PO Box 2531, Crestview, Florida 32536, United States (“Licensor”), for use only under the terms of this License Agreement.

By downloading the Licensed Application from Apple’s software distribution platform (“App Store”) and Google’s software distribution platform (“Play Store”), and any update thereto (as permitted by this License Agreement), You indicate that You agree to be bound by all of the terms and conditions of this License Agreement, and that You accept this License Agreement. App Store and Play Store are referred to in this License Agreement as “Services.”

The parties of this License Agreement acknowledge that the Services are not a Party to this License Agreement and are not bound by any provisions or obligations with regard to the Licensed Application, such as warranty, liability, maintenance and support thereof. Syotos Technology, LLC., not the Services, is solely responsible for the Licensed Application and the content thereof.

This License Agreement may not provide for usage rules for the Licensed Application that are in conflict with the latest Apple Media Services Terms and Conditions and Google Play Terms of Service (“Usage Rules”). Syotos Technology, LLC. acknowledges that it had the opportunity to review the Usage Rules and this License Agreement is not conflicting with them.

Syotos App when purchased or downloaded through the Services, is licensed to You for use only under the terms of this License Agreement. The Licensor reserves all rights not expressly granted to You. Syotos App is to be used on devices that operate with Apple’s operating systems (“iOS” and “Mac OS”) or Google’s operating system (“Android”).

1. THE APPLICATION

Syotos App (“Licensed Application”) is a piece of software created to connect passengers who need transportation with drivers who are willing to provide it. — and customized for iOS and Android mobile devices(“Devices”). It is used to serve as a platform that facilitates the arrangement of rides between passengers and drivers.

The Licensed Application is not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use this Licensed Application. You may not use the Licensed Application in a way that would violate the Gramm-Leach-Bliley Act (GLBA).

1. License Grant and Usage

1.1 Limited License: Syotos grants you a limited, non-exclusive, non-transferable license to use the App for personal transportation purposes only. This license is subject to your compliance with these terms and conditions.

1.2 Restricted Use: You may not modify, reverse-engineer, or attempt to access the underlying code of the App. Unauthorized distribution or unauthorized copies of the App are strictly prohibited.

1.3 Compliance with Laws: By using the App, you agree to comply with all applicable laws and regulations, including transportation regulations, data protection laws, and any other legal requirements.

1.4 Termination: This license is valid until terminated. Syotos reserves the right to terminate this license at any time if you breach these terms and conditions. Upon termination, you must cease using the App and delete all copies from your devices.

1.5 Intellectual Property: Syotos retains all intellectual property rights associated with the App, including trademarks, logos, and copyrights. You shall not use Syotos’ intellectual property without explicit written permission.

2. SCOPE OF LICENSE

2.1 You are given a non-transferable, non-exclusive, non-sublicensable license to install and use the Licensed Application on any Devices that You (End-User) own or control and as permitted by the Usage Rules, with the exception that such Licensed Application may be accessed and used by other accounts associated with You (End-User, The Purchaser) via Family Sharing or volume purchasing.

2.2 This license will also govern any updates of the Licensed Application provided by Licensor that replace, repair, and/or supplement the first Licensed Application, unless a separate license is provided for such update, in which case the terms of that new license will govern.

2.3 You may not share or make the Licensed Application available to third parties (unless to the degree allowed by the Usage Rules, and with Syotos Technology, LLC.’s prior written consent), sell, rent, lend, lease or otherwise redistribute the Licensed Application.

2.4 You may not reverse engineer, translate, disassemble, integrate, decompile, remove, modify, combine, create derivative works or updates of, adapt, or attempt to derive the source code of the Licensed Application, or any part thereof (except with Syotos Technology, LLC.’s prior written consent).

2.5 You may not copy (excluding when expressly authorized by this license and the Usage Rules) or alter the Licensed Application or portions thereof. You may create and store copies only on devices that You own or control for backup keeping under the terms of this license, the Usage Rules, and any other terms and conditions that apply to the device or software used. You may not remove any intellectual property notices. You acknowledge that no unauthorized third parties may gain access to these copies at any time. If you sell your Devices to a third party, you must remove the Licensed Application from the Devices before doing so.

2.6 Violations of the obligations mentioned above, as well as the attempt of such infringement, may be subject to prosecution and damages.

2.7 Licensor reserves the right to modify the terms and conditions of licensing.

2.8 Nothing in this license should be interpreted to restrict third-party terms. When using the Licensed Application, you must ensure that You comply with applicable third-party terms and conditions.

3. TECHNICAL REQUIREMENTS

3.1 The Licensed Application requires a firmware version 1.0.0 or higher. Licensor recommends using the latest version of the firmware.

3.2 Licensor attempts to keep the Licensed Application updated so that it complies with modified/new versions of the firmware and new hardware. You are not granted rights to claim such an update.

3.3 You acknowledge that it is Your responsibility to confirm and determine that the app end-user device on which You intend to use the Licensed Application satisfies the technical specifications mentioned above.

3.4 Licensor reserves the right to modify the technical specifications as it sees appropriate at any time.

4. MAINTENANCE AND SUPPORT

4.1 The Licensor is solely responsible for providing any maintenance and support services for this Licensed Application. You can reach the Licensor at the email address listed in the App Store or Play Store Overview for this Licensed Application.

4.2 Syotos Technology, LLC. and the End-User acknowledge that the Services have no obligation whatsoever to furnish any maintenance and support services with respect to the Licensed Application.

5. USER-GENERATED CONTRIBUTIONS

The Licensed Application may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or in the Licensed Application, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, “Contributions”). Contributions may be viewable by other users of the Licensed Application and through third-party websites or applications. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:

5.1 The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.

5.2 You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Licensed Application, and other users of the Licensed Application to use your Contributions in any manner contemplated by the Licensed Application and these Terms of Use.

5.3 You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Licensed Application and these Terms of Use.

5.4 Your Contributions are not false, inaccurate, or misleading.

5.5 Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.

5.6 Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).

5.7 Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.

5.8 Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.

5.9 Your Contributions do not violate any applicable law, regulation, or rule.

5.10 Your Contributions do not violate the privacy or publicity rights of any third party.

5.11 Your Contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner.

5.12 Your Contributions do not violate any federal or state law concerning child pornography or otherwise intended to protect the health or well-being of minors;

5.13 Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.

5.14 Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms of Use, or any applicable law or regulation.

5.15 Any use of the Licensed Application in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use the Licensed Application.

6. CONTRIBUTION LICENSE

By posting your Contributions to any part of the Licensed Application or making Contributions accessible to the Licensed Application by linking your account from the Licensed Application to any of your social networking accounts, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.

This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.

We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Licensed Application. You are solely responsible for your Contributions to the Licensed Application and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.

We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to re-categorize any Contributions to place them in more appropriate locations on the Licensed Application; and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.

7. RULES OF ACCEPTABLE USE OF THE LICENSED APPLICATION AND SERVICES

7.1 The following rules of acceptable use constitute a material part of these terms and conditions, and they apply to your use of the Licensed Application and Services. To the extent there is any conflict between the rules of acceptable use and other provisions of these terms and conditions, the rules of acceptable use will prevail.

7.2 In the Licensed Application and Services, you should not:

(a) send or submit for public posting, any abusive, defamatory, discriminatory, harassing, obscene, offensive, infringing, menacing, indecent, inappropriate, unlawful or otherwise objectionable or unreasonable material or content or engage in any unlawful conduct;

(b) use the Licensed Application or Services to cause harm, annoyance, or needless anxiety to any person or post or transmit false, misleading, or deceptive information or content or engage in any conduct that is calculated or likely to result in such harm, annoyance, or anxiety;

(c) use the Licensed Application or Services in a way that infringes the rights (including the intellectual property rights) of anyone else;

(d) interfere with or damage our Licensed Application or Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information, or similar methods or technology;

(e) use our Licensed Application or Services to attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Licensed Application, the server on which the Licensed Application is stored, or any server, computer, or database connected to the Licensed Application;

(f) attack our Licensed Application via a denial-of-service attack or a distributed denial-of-service attack;

(g) take any action that may undermine the feedback or ratings systems (such as displaying, importing, or exporting feedback information off of our sites or using it for purposes unrelated to our Licensed Application); and

(h) attempt to use the Licensed Application with accounts that are not assigned to you or to use the Licensed Application in any other unauthorized manner or bypass or hack any security measure in the Licensed Application.

8.2 Failure to comply with the rules of acceptable use constitutes a serious breach of these terms and conditions and may result in our taking all or any of the following actions (with or without notice):

(a) immediate, temporary, or permanent withdrawal of your right to use our Licensed Application and Services;

(b) immediate, temporary, or permanent removal of any Contribution uploaded by you to our Licensed Application and Services;

(c) issue of a warning to you;

(d) legal action against you including proceedings for reimbursement of all costs (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;

(e) disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law.

8. PAYMENT AND PRICING

8.1 Fare Calculation: Syotos calculates fares based on factors such as distance traveled, time taken, and any additional fees or surcharges. Fares are displayed to users before confirming a ride request.

8.2 Surge Pricing: Syotos may implement surge pricing during peak demand periods to balance supply and demand. Surge pricing is based on market conditions and may result in higher fares. Users are informed of surge pricing before confirming their ride request.

8.3 Cancellation Fees: Cancellation fees may apply in certain circumstances, such as canceling a ride after a specified time or multiple cancellations within a specific period. The specific fee amount will be communicated to users before confirming the cancellation.

8.4 Additional Charges and Taxes: Syotos may apply additional charges or taxes, such as airport fees, tolls, or local taxes, as required by law. Users will be informed of any applicable additional charges during their ride.

8.5 Payment Methods: Syotos accepts various payment methods, such as credit cards, debit cards, and digital wallets. Users must provide accurate and valid payment information. Syotos reserves the right to suspend or terminate services for non-payment or fraudulent payment activity.

8.6 Payment Accuracy and Disputes: Users are responsible for ensuring payment accuracy. In the event of any payment disputes or discrepancies, users must promptly report them to Syotos for resolution.

9. LIABILITY LIMITATIONS AND INDEMNIFICATION

9.1 Limitation of Liability: Syotos shall not be liable for any direct, indirect, incidental, or consequential damages arising from the use of its services. Users acknowledge and assume any associated risks.

9.2 Third-Party Services: Syotos does not assume responsibility for any actions, behavior, or services provided by drivers who operate independently. Users acknowledge that drivers are independent contractors and not employees or agents of Syotos.

9.3 Insurance Coverage: Syotos does not provide insurance coverage for its drivers and passengers. Any insurance coverage, if available, is subject to the terms and conditions of the insurance policy. Users should review their own insurance policies to determine if they have appropriate coverage for using Syotos’ services. Syotos shall not be liable for any damages, losses, or injuries arising from the use of its services and recommends that users obtain adequate insurance coverage for their transportation needs.

9.4 Assumption of Risk: Users accept and assume any risks associated with using the Syotos services, including vehicle accidents, personal injuries, property damage, or any other potential hazards during transportation.

9.5 Waiver of Claims: By using the Syotos services, users waive any claims against Syotos, its employees, drivers, or affiliated parties for damages, losses, or injuries arising from the use of the services.

9.6 Indemnification: Users agree to indemnify and hold Syotos harmless from any claims, liabilities, damages, or expenses arising from their use of the services or any violations of these terms and conditions.

10. PRIVACY AND DATA COLLECTION

10.1 Collection and Use of User Data: Syotos collects and uses user data, including personally identifiable information and location data, to provide and improve its services. The collection and use of data are governed by Syotos’ privacy policy.

10.2 Data Storage and Security Measures: Syotos employs industry-standard security measures to protect user data from unauthorized access, disclosure, or alteration. However, no method of data transmission or storage is completely secure.

10.3 Sharing of Information with Third Parties: Syotos may share user data with third parties as necessary to provide the services, including sharing data with drivers for ride fulfillment or with service providers who assist in operating the platform. Syotos will handle user data in accordance with its privacy policy.

10.4 User Consent and Opt-Out: By using the services, users consent to the collection, storage, and use of their data as outlined in Syotos’ privacy policy. Users may have the option to opt out of certain data collection or sharing practices as specified in the privacy policy.

10.5 Compliance with Privacy Laws: Syotos is committed to complying with applicable privacy laws and regulations. Users should review the privacy policy for more information on Syotos’ privacy practices and legal obligations.

10.6 Updates to Privacy Practices: Syotos reserves the right to update its privacy practices and policies at its discretion without prior notification to users. It is the responsibility of users to review the privacy policy periodically to stay informed about any changes. By continuing to use Syotos’ services, users are deemed to accept and agree to the most recent version of the privacy policy. It is recommended that users regularly check the privacy policy for updates to ensure their continued understanding and compliance with Syotos’ privacy practices.

11. INTELLECTUAL PROPERTY

11.1 Ownership: Syotos retains all intellectual property rights associated with the App, including trademarks, logos, and proprietary software.

11.2 License Grant: Users are granted a limited, non-exclusive, non-transferable license to use the Syotos platform and associated intellectual property solely for personal use in accordance with these terms and conditions.

11.3 Restrictions: Users may not modify, distribute, reproduce, or create derivative works based on Syotos’ intellectual property without explicit written permission.

12. GOVERNING LAW AND DISPUTE RESOLUTION

12.1 Governing Law: These terms and conditions shall be governed by and construed in accordance with the laws of Florida. Any disputes arising from or relating to these terms and conditions or the use of the App shall be subject to the exclusive jurisdiction of the courts of Okaloosa County, Florida.

12.2 Dispute Resolution: In the event of a dispute, Syotos and the user agree to first attempt to resolve the matter through good faith negotiations. If a resolution cannot be reached, either party may pursue alternative dispute resolution methods or seek remedies through the appropriate legal channels.

13. MISCELLANEOUS

13.1 Severability: If any provision of these terms and conditions is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

13.2 Entire Agreement: These terms and conditions constitute the entire agreement between Syotos and the user concerning the subject matter herein and supersede any prior or contemporaneous agreements, understandings, or representations.

13.3 Modifications: Syotos reserves the right to modify or update these terms and conditions at any time without prior notice. It is the responsibility of users to review the terms and conditions periodically for any changes. Continued use of the Syotos app after modifications have been made will be deemed as acceptance of the updated terms. Users are encouraged to regularly check for updates to ensure they are aware of the most current terms and conditions governing their use of the Syotos app.

By accessing or using the Syotos App and services, you acknowledge that you have read, understood, and agree to be bound by these terms and conditions. If you do not agree with any part of these terms and conditions, you may not use the App or avail yourself of the services.

For any questions or concerns regarding these terms and conditions, please contact Syotos at legal@syotostech.com.

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