Updated [08/18/2025]

DRIVIO TERMS OF SERVICE These Drivio Terms of Service (the “Terms”) govern the relationship between Drivio, Inc. (“Drivio”), and the individual or entity that registers an account as a driver (a “Driver”) on the Platform (defined below), and constitute a legally binding agreement between Drivio and Driver. Driver wishes to receive from Drivio certain Equipment and to use the Platform in Driver’s vehicle to engage Riders with trivia, games, and other content and advertisements via the Platform.

THESE TERMS REQUIRE THE USE OF ARBITRATION TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS. BY ACCESSING THE PLATFORM OR APPLICATION (“APP”), DRIVER (1) HAS READ, UNDERSTOOD, AND AGREES TO BE BOUND BY THESE TERMS AND THE PRIVACY POLICY (HTTPS://WWW.GODRIVIO.COM/PRIVACY-POLICY), (2) REPRESENTS THAT DRIVER IS LAWFULLY ABLE TO ENTER INTO CONTRACTS (E.G., IF DRIVER IS AN ENTITY, THE INDIVIDUAL AGREEING TO THESE TERMS HAS THE AUTHORITY TO DO SO ON BEHALF OF THE ENTITY, IF DRIVER IS AN INDIVIDUAL, DRIVER IS NOT A MINOR), AND (3) ACKNOWLEDGES THAT DRIVER HAS READ, UNDERSTOOD, AND AGREES TO BE BOUND BY THE FOREGOING PROVISIONS, AND THAT ALL REPRESENTATIONS MADE BELOW ARE ACCURATE, AND (4) REPRESENTS THAT DRIVER’S PARTICIPATION ON THE PLATFORM AND ACCEPTANCE OF THESE TERMS ARE COMPLETELY VOLUNTARY.

  1. UPDATES OR CHANGES TO THESE TERMS Drivio may update these Terms from time to time and will provide notice to Driver. By continuing to access or use the Equipment or Platform after the effective date of any such change, Driver agrees to any updates to these Terms. Updates will be effective upon the effective date indicated at the top of these Terms.

  2. DEFINITIONS 2.1. “Access” means the ability to, physically or logically, obtain, read, copy, process, edit, divert, alter the state of, or otherwise view data. 2.2. “Driver Account” means Driver’s account, accessed via the online dashboard accessible via mobile application or website. 2.3. “Driver Account Information” means information about Driver that Driver provides in connection with the creation or administration of Driver’s Account. 2.4. “Equipment” means each individual tablet, display unit/screen, tablet mount, and certain other accessories. 2.5. “Personal Data” means any data reasonably capable of being associated with an identified or identifiable individual, household, or device. 2.6. “Platform” means Drivio’s digital platform that provides content and delivers advertisements in an out-of-home environment on digital tablets inside rideshare vehicles. 2.7. “Reward” means any incentive provided by Drivio to Driver in relation to the Platform. 2.8. “Rider” means the passengers in Driver’s vehicle interacting with the Platform. 2.9. “Rideshare” means carrying passengers in Driver’s vehicle in connection with a transportation network company, such as Uber or Lyft. 2.10. “Ride Threshold” means one hundred (100) unique rides per month. 2.11. “Security Deposit” means a deposit equal to Two Hundred Dollars and Zero Cents ($200.00) to secure the Equipment.

  3. DRIVER RESPONSIBILITIES 3.1. Account and Messaging. (a) Driver is an independent provider of Rideshare services, authorized to conduct such services in the geographic location(s) in which Driver operates. (b) Driver will only create one Driver Account per email address and is responsible for all activities that occur under their Driver Account. (c) To prevent unauthorized access, Driver agrees to protect and keep confidential all Driver Account Information. If Driver believes someone has attempted to access the Driver Account without permission, Driver agrees to immediately notify Drivio. (d) Driver will not use the Equipment to access any Personal Data other than Driver’s own.

3.2. Communications. (a) Driver expressly agrees to accept and receive communications from Drivio via email, SMS/text message, and direct message. Message and data rates may apply. (b) Opt-out options for communications are available. For emails, an opt-out mechanism is in the message. For SMS/text messages, Driver can reply “STOP”. Transactional messages (e.g., security, rewards, policy updates) cannot be opted out of without terminating the Driver Account. (c) For more information, Driver may review the Privacy Policy available at https://www.godrivio.com/privacy-policy.

3.3. Equipment; Platform. (a) Drivio will provide the Driver with the Equipment. Drivio is responsible for all data costs associated with the Equipment. (b) Driver will keep the Equipment charged, secured, viewable to Riders, and broadcasting content for at least the Ride Threshold. If the threshold is not met, Driver shall return the Equipment within seven (7) days. (c) Drivio may require a Security Deposit to receive the Equipment. (d) Driver is responsible for ensuring the Equipment is not lost, damaged, or stolen and will immediately report any issues to Drivio. (e) Driver will only use the Equipment for displaying the Platform. (f) Driver will not participate in any other interior rideshare engagement or advertising while in possession of the Equipment. (g) Drivio may request the return of the Equipment at any time. (h) If Driver fails to return the Equipment, Drivio may retain the Security Deposit and/or charge the Driver Account for lost Equipment. (i) Drivio reserves the right to display any content it deems appropriate on the Platform at any time.

3.4. Legal Compliance. (a) Driver will pay all local, state, and federal taxes due in connection with any Rewards. (b) Driver will maintain adequate vehicle insurance. (c) Driver is solely responsible for ensuring their vehicle conforms to all vehicle laws. (d) Driver has and will maintain all necessary licenses and permits. (e) Driver is responsible for all costs related to the operation of their vehicle. (f) Driver agrees to maintain all licenses necessary to display advertisements in their vehicle. (g) Driver assumes all risk of damage or loss to their vehicle.

  1. REWARDS 4.1. Driver may earn Rewards in connection with use of the Platform. Rewards are granted at the sole discretion of Drivio and may be updated, changed, or discontinued at any time. 4.2. Upon termination, any unredeemed Rewards shall be made available to Driver if Driver has achieved the Ride Threshold, provided the Equipment has been returned to Drivio.

  2. INTELLECTUAL PROPERTY; DATA 5.1. Equipment. Drivio grants Driver a non-exclusive, revocable license to use the Equipment in accordance with these Terms. 5.2. Ownership. Drivio owns all right, title, and interest in the Platform, data, trademarks, and other intellectual property (the “Drivio IP”). Driver shall not copy, modify, or reverse engineer the Drivio IP. 5.3. Data Collection and Use. Drivio may collect data from the Equipment, including geographic location. Drivio’s collection and use of Personal Data will be governed by the Privacy Policy. 5.4. Feedback. Any feedback Driver provides concerning the Platform or Equipment shall be owned exclusively by Drivio.

  3. CONFIDENTIALITY Driver will keep strictly confidential all Confidential Information disclosed by Drivio, including information about the Platform, Rewards, and these Terms.

  4. TERM AND TERMINATION 7.1. Term. These Terms are effective as of the date the Driver activates a Driver Account and will continue for one (1) year, with automatic one-year renewals. 7.2. Termination. Drivio may terminate these Terms immediately for a breach by Driver, or without cause upon two (2) days’ notice. Driver may terminate upon ten (10) days’ notice and the return of the Equipment.

  5. REPRESENTATIONS AND WARRANTIES 8.1. Representations and Warranties. Driver represents that they are an authorized provider of Rideshare services and have the authority to agree to these Terms. 8.2. Warranty Disclaimer. THE PLATFORM AND EQUIPMENT ARE MADE AVAILABLE TO DRIVER “AS-IS.” DRIVIO DISCLAIMS ALL WARRANTIES.

  6. INDEMNIFICATION Driver agrees to defend, indemnify, and hold Drivio harmless from any and all claims arising from or relating to Driver’s actions, use of the Platform and Equipment, or any breach of these Terms.

  7. LIMITATION OF LIABILITY DRIVIO SHALL NOT BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES. DRIVIO’S CUMULATIVE LIABILITY SHALL NOT EXCEED THE LESSER OF (A) THE SECURITY DEPOSIT AND (B) TWO HUNDRED DOLLARS AND ZERO CENTS ($200.00).

  8. LEGAL PROCESS Drivio may take action to comply with any legal process (e.g., garnishment, levy) brought against the Driver or Driver Account.

12.7. No Waiver; Severability. Failure to enforce any provision is not a waiver. If any portion is held to be invalid, the remaining portions will remain in effect. 12.8. Choice of Law; Dispute Resolution. This Agreement will be governed by the laws of the State of Michigan. Any dispute shall be submitted to the American Arbitration Association (AAA) to be resolved through arbitration. Proceedings will be conducted in Detroit, Michigan. Any court proceedings will be brought in state or federal court in Wayne County, Michigan.

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