Terms of Service

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IMPORTANT: PLEASE BE ADVISED THAT BY AGREEING TO THESE TERMS YOU ARE
WAIVING YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW AND WAIVING YOUR
RIGHT TO HAVE A JURY TRIAL ON YOUR CLAIMS.
PLEASE READ THESE TERMS OF SERVICE CAREFULLY AS THEY CONTAIN PROVISIONS
THAT GOVERN HOW YOU CAN BRING CLAIMS BETWEEN YOU AND BUSRIGHT,
INCLUDING THE ARBITRATION AGREEMENT IN SECTION 2 BELOW. THE ARBITRATION
AGREEMENT REQUIRES YOU TO RESOLVE ALL DISPUTES WITH BUSRIGHT ON AN
INDIVIDUAL BASIS AND, WITH LIMITED EXCEPTIONS, THROUGH FINAL AND BINDING
ARBITRATION. THESE TERMS OF SERVICE OUTLINE HOW SUCH CLAIMS ARE
RESOLVED, INCLUDING, WITHOUT LIMITATION, ANY CLAIMS THAT AROSE OR WERE
ASSERTED BEFORE THE EFFECTIVE DATE OF THESE TERMS OF SERVICE. BY
AGREEING TO THESE TERMS OF SERVICE, YOU EXPRESSLY ACKNOWLEDGE THAT
YOU HAVE READ AND UNDERSTOOD ALL OF THEM AND HAVE TAKEN TIME TO
CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.

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These Terms of Service (“Terms of Service”) constitute a legally binding agreement between you
and BusRight, Inc. and its subsidiaries, representatives, affiliates, officers and directors
(collectively, “BusRight”) governing your use of BusRight’s platform and any related content or
services, including but not limited to mobile and/or web-based applications (“Services” or the
“BusRight App”).

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1. Contractual Relationship; Termination; and Modification

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In addition to these Terms of Service, your access to, and use of the Services is also governed
by the applicable terms found on our website. These include but are not limited to: the Privacy
Statement, which describes how we collect, use, and disclose your personal information and
BusRight’s other applicable BusRight standards and policies.
Collectively, we refer to these Terms of Service as the “Terms.” These Terms govern your
access or use, from within the United States and its territories and possessions, of the Services
made available in the United States and its territories and possessions (the “Territory”). If you
use the Services in another country, you agree to be subject to BusRight’s terms of service for
that country. In these Terms, the words “including” and "include” mean “including, but not limited
to.”

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By accessing or using the Services, you confirm your agreement to be bound by these Terms. If
you do not agree to these Terms, do not access or use the Services.
Termination. BusRight, in its sole discretion, may immediately terminate these Terms or any
Services with respect to you, or generally cease offering or deny access to the Services or any
portion thereof, at any time for any reason.

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Modification. BusRight reserves the right to modify these Terms or its policies relating to the
Services at any time, effective upon posting of an updated version of these Terms through the
Services or BusRight’s website. You should regularly review these Terms, as your continued use
of the Services after any such changes constitutes your agreement to such changes.

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2. Arbitration Agreement

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By agreeing to these Terms, you agree that you are required to resolve any claim that you may
have against BusRight on an individual basis in binding arbitration as set forth in this Arbitration
Agreement, and not as a class, collective, coordinated, consolidated, mass and/or
representative action. Binding arbitration is a procedure in which a dispute is submitted to one
or more arbitrators who make a binding decision on the dispute. In choosing binding arbitration,
you and BusRight are opting for a private dispute resolution procedure where you agree to
accept the arbitrator’s decision as final instead of going to court. You and BusRight are each
waiving your right to a jury trial.

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This Arbitration Agreement will preclude you from bringing any class, collective, coordinated,
consolidated, mass, and/or representative action against BusRight, and also preclude you from
participating in or recovering relief in any current or future class, collective, coordinated,
consolidated, mass and/or representative action brought against BusRight by someone
else—except as provided below in Section 2(a)(3)(c). Thus, the parties agree that the Arbitrator
shall not conduct any form of class, collective, coordinated, consolidated, mass, and/or
representative arbitration, nor join, coordinate, or consolidate claims of multiple individuals
against BusRight in a single proceeding—except as provided below in Section 2(a)(3)(c). For
the avoidance of doubt, except as provided below in Section 2(a)(3)(c), this Arbitration
Agreement precludes you from bringing or participating in any kind of class, collective,
coordinated, consolidated, mass, and/or representative or other kind of group, multi-plaintiff or
joint action against BusRight, other than participating in a classwide, collective, coordinated,
consolidated, mass, and/or representative settlement of claims.

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(a) Agreement to Binding Arbitration Between You and BusRight.

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(1) Covered Disputes: Except as expressly provided below in Section 2(b), you and BusRight
agree that any dispute, claim, or controversy in any way arising out of or relating to (i) these
Terms and prior versions of these Terms, or the existence, breach, termination, enforcement,
interpretation, scope, waiver, or validity thereof; (ii) your access to or use of the Services at any
time; (iii) incidents or accidents resulting in personal injury or death to you or anyone else that
you allege occurred in connection with your use of the Services (including, but not limited to,
your use of the BusRight Platform or the driver version of the BusRight App), regardless of
whether the dispute, claim, or controversy occurred or accrued before or after the date you
agreed to these Terms, and regardless of whether you allege that the personal injury or death
was experienced by you or anyone else; and (iv) your relationship with BusRight, will be settled
by binding individual arbitration between you and BusRight, and not in a court of law. This
Arbitration Agreement survives after your relationship with BusRight ends.
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(2) Class Action Waiver: Any and all disputes, claims, or controversies between the parties shall
be resolved only in individual arbitration. The parties expressly waive the right to have any
dispute, claim, or controversy brought, heard, administered, resolved, or arbitrated as a class,
collective, coordinated, consolidated, and/or representative action, and neither an arbitrator nor
an arbitration provider shall have any authority to hear, arbitrate, or administer any class,
collective, coordinated, consolidated, and/or representative action, or to award relief to anyone
but the individual in arbitration. The parties also expressly waive the right to seek, recover, or
obtain any non-individual relief. Notwithstanding anything else in this agreement, this Class
Action Waiver does not prevent you or BusRight from participating in a classwide, collective,
and/or representative settlement of claims.

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The parties further agree that if for any reason a claim does not proceed in arbitration, this Class
Action Waiver shall remain in effect, and a court may not preside over any action joining,
coordinating, or consolidating the claims of multiple individuals against BusRight in a single
proceeding, except that this Class Action Waiver shall not prevent you or BusRight from
participating in a classwide, collective, and/or representative settlement of claims. If there is a
final judicial determination that any portion of this Class Action Waiver is unenforceable or
unlawful for any reason, (i) any class, collective, coordinated, consolidated, and/or
representative claims subject to the unenforceable or unlawful portion(s) shall proceed in a court
of competent jurisdiction; (ii) the portion of the Class Action Waiver that is enforceable shall be
enforced in arbitration; (iii) the unenforceable or unlawful portion(s) shall be severed from this
Arbitration Agreement; and (iv) severance of the unenforceable or unlawful portion(s) shall have
no impact whatsoever on the enforceability, applicability, or validity of the Arbitration Agreement
or the arbitrability of any remaining claims asserted by you or BusRight.

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(3) Mass Actions:

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a. Mass Action Waiver: Any and all disputes, claims, or controversies between the parties shall
be resolved only in individual arbitration. The parties expressly waive the right to have any
dispute, claim, or controversy brought, heard, administered, resolved, or arbitrated as a mass
action, and neither an arbitrator nor an arbitration provider shall have any authority to hear,
arbitrate, or administer any mass action or to award relief to anyone but the individual in
arbitration—except as provided below in Section 2(a)(3)(c). The parties also expressly waive the
right to seek, recover, or obtain any non-individual relief. The parties agree that the definition of
a “Mass Action” includes, but is not limited to, instances in which you or BusRight are
represented by a law firm or collection of law firms that has filed 50 or more arbitration demands
of a substantially similar nature against the other party within 180 days of the arbitration demand
filed on your or BusRight’s behalf, and the law firm or collection of law firms seeks to
simultaneously or collectively administer and/or arbitrate all the arbitration demands in the
aggregate. Notwithstanding anything else in this agreement, this Mass Action Waiver does not
prevent you or BusRight from participating in a mass settlement of claims.

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b. Dispute Procedure: Notwithstanding any provision to the contrary in the applicable arbitration
provider’s rules, the arbitrator shall be empowered to determine whether the party bringing any
claim has filed a Mass Action in violation of the Mass Action Waiver. Either party shall raise with
the arbitrator or arbitration provider such a dispute within 15 days of its arising. If such a dispute
arises before an arbitrator has been appointed, the parties agree that (i) a panel of three
arbitrators shall be appointed to resolve only disputes concerning whether the party bringing any
claim has filed a Mass Action in violation of the Mass Action Waiver. Each party shall select one
arbitrator from the arbitration provider’s roster to serve as a neutral arbitrator, and these
arbitrators shall appoint a third neutral arbitrator. If the parties’ arbitrators cannot agree on a
third arbitrator, the arbitration provider will select the third arbitrator; (ii) BusRight shall pay any
administrative fees or costs incidental to the appointment of Arbitrators under this provision, as
well as any fees or costs that would not be incurred in a court proceeding, such as payment of
the fees of the arbitrators, as well as room rental; (iii) the arbitrators shall issue a written
decision with findings of fact and conclusions of law; and (iv) any further arbitration proceedings
or assessment of arbitration-related fees shall be stayed pending the arbitrators’ resolution of
the parties’ dispute. If the arbitrator or panel of arbitrators determines that you have violated the
Mass Action Waiver, the parties shall have the opportunity to opt out of arbitration within 30 days
of the arbitrator’s or panel of arbitrator’s decision. You may opt out of arbitration by providing
written notice of your intention to opt out to the arbitration provider and to BusRight, Inc., 2248
Broadway #1687, New York, NY 10024 via USPS Priority Mail or hand delivery. This written
notice must be signed by you, and not any attorney, agent, or other representative of yours.
BusRight may opt out of arbitration by sending written notice of its intention to opt out to the
arbitration provider and to you or your attorney, agent, or representative if you are represented.
For the avoidance of doubt, the ability to opt out of arbitration described in this Section
2(a)(3)(b) only applies if the arbitrator or panel of arbitrators determines that you have violated
the Mass Action Waiver. If the parties proceed with arbitration, the parties agree that arbitrations
will be batched as provided in Section 2(a)(3)(c) below.

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c. Batching:

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i. To increase efficiency of resolution in the event a Mass Action is filed and neither party
exercises its right to opt out of arbitration pursuant to Section 2(a)(3)(b) above, the following
procedure shall apply. At the request of either party, an arbitrator shall be selected according to
the applicable arbitration provider’s rules to act as a special master (“Special Master”) to resolve
threshold disputes regarding the propriety of some or all the arbitration demands submitted in
the Mass Action (“Mass Arbitration Demands”). These threshold disputes may include, but are
not limited to:

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1. Any dispute regarding filing fees owed with respect to the Mass Arbitration Demands,
including whether claimants have submitted valid fee waivers;

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2. Any dispute regarding whether the applicable arbitration provider has complied with the
Arbitration Agreement with respect to processing and administering the Mass Arbitration
Demands;

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3. Any dispute regarding whether the Mass Arbitration Demands meet the requirements set
forth in Section 2(d) below;

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4. Whether claimants are barred from proceeding with their claims based on a prior settlement
agreement, violation of these Terms, or expiration of the statute of limitations;

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5. Any dispute relating to representation of the same claimant by multiple law firms;

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6. Any dispute regarding whether the Mass Arbitration Demands were filed with the correct
arbitration provider;

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7. Any dispute regarding discovery common to all claims; and

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8. Any disputes regarding legal or factual issues common to all claims.

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Any such request shall be made within 15 days following the expiration of the opt-out period
described in Section 2(a)(3)(b), and may be made by providing written notice to the arbitration
provider. Upon the request of either party to appoint a Special Master to resolve the foregoing
issues, the applicable arbitration provider shall refrain from further processing any of the Mass
Arbitration Demands to which a dispute has been raised. No further payment for filing fees,
administrative costs, or arbitrator fees shall be deemed due with respect to any of the Mass
Arbitration Demands as to which a dispute has been raised until after the dispute(s) has/have
been resolved by the Special Master. BusRight shall be responsible for the applicable arbitration
provider’s and Special Master’s fees and costs related to the proceedings before the Special
Master.

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A Special Master appointed pursuant to this procedure shall have no authority to consolidate
cases.

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ii. After proceedings before the Special Master have concluded, to the extent any of the Mass
Arbitration Demands are permitted to proceed, the parties shall group the Mass Arbitration
Demands into batches of no more than 100 demands per batch by state of residence, and then
alphabetically by last name (plus, to the extent there are less than 100 arbitration demands left
over after the batching described above, a final batch consisting of the remaining demands),
and shall inform the arbitration provider of the batches and their compositions within 14 days of
the conclusion of proceedings before the Special Master. The arbitration provider shall treat
each batch of claims as one case, with each case having one demand for arbitration, one
appointed arbitrator, and one set of administrative documents and administrative and filing fees
per batch. The parties shall randomly assign sequential numbers to each batch, and only one
batch shall proceed to arbitration at a time in the order of the random sequential numbers. A
separate arbitrator will be appointed to, and administrative and filing fees assessed for, each
batch as the batch proceeds to arbitration. You agree to cooperate in good faith with BusRight
and the arbitration provider to implement such a batch approach to resolution and fees. Nothing
in this provision shall be construed as limiting the right to object that the filing or presentation of
multiple arbitration demands by or with the assistance of the same law firm or organization
violates any term of this Agreement.

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iii. If any Mass Arbitration Demands were originally processed as individual arbitration demands
before this batching procedure was commenced, further proceedings, including the assessment
of further arbitration filing or administration fees to either party shall be governed by the
procedures set forth in this Section 2(a)(3).

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(4) Delegation Clause: Only an arbitrator, and not any federal, state, or local court or agency,
shall have exclusive authority to resolve any dispute arising out of or relating to the
interpretation, applicability, enforceability, or formation of this Arbitration Agreement, including
without limitation any claim that all or any part of this Arbitration Agreement is void or voidable.
An arbitrator shall also have exclusive authority to resolve all threshold arbitrability issues,
including issues relating to whether these Terms are applicable, unconscionable, or illusory and
any defense to arbitration, including without limitation waiver, delay, laches, or estoppel.
However, only a court of competent jurisdiction, and not an arbitrator, shall have the exclusive
authority to resolve any and all disputes arising out of or relating to the Class Action Waiver and
Mass Action Waiver, including, but not limited to, any claim that all or part of the Class Action
Waiver and/or Mass Action Waiver is unenforceable, unconscionable, illegal, void, or
voidable—except that, as stated and pursuant to the procedures provided in Section 2(a)(3)(b),
an arbitrator or panel of arbitrators shall have authority to determine whether the party bringing
any claim has violated the Mass Action Waiver.

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(5) Application to Third Parties: This Arbitration Agreement shall be binding upon, and shall
include any claims brought by or against any third parties, including but not limited to your
spouse, domestic partner, heirs, estate, third-party beneficiaries and assigns, where their
underlying claims arise out of or relate to your use of the Services. To the extent that any
third-party beneficiary to this agreement brings claims against the Parties, those claims shall
also be subject to this Arbitration Agreement.

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(b) Exceptions to Arbitration.
Notwithstanding the foregoing, this Arbitration Agreement shall not require arbitration of the
following claims: (i) individual claims brought in small claims court so long as the matter remains
in such court and advances only on an individual basis; (ii) individual claims of sexual assault or
sexual harassment occurring in connection with your use of the Services; and/or (iii) injunctive
or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened
infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets,
patents, or other intellectual property rights.

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Such claims may be brought and litigated in a court of competent jurisdiction by you on an
individual basis only. On an individual basis means that you cannot bring such claims as a class,
collective, coordinated, consolidated, mass, and/or representative action against BusRight. For
the avoidance of doubt, this precludes you from bringing claims as or participating in any kind of
any class, collective, coordinated, consolidated, mass, and/or representative or other kind of
group, multi-plaintiff, or joint action against BusRight and no action brought by you may be
consolidated or joined in any fashion with any other proceeding. Where your claims are brought
and litigated to completion on such an individual basis in a court of competent jurisdiction,
BusRight agrees to honor your election.

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The parties’ agreement not to require arbitration in these limited instances does not waive the
enforceability of this Arbitration Agreement as to any other provision (including, but not limited
to, the waivers provided for in Section 2(a), which will continue to apply in court as well as in
arbitration), or the enforceability of this Arbitration Agreement as to any other controversy, claim,
or dispute.

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(c) Rules and Governing Law.

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For disputes arising in California, the arbitration will be administered by ADR Services, Inc.
(“ADR”) in accordance with ADR’s Arbitration Rules (the “ADR Rules”) in effect at the time that
the claim is brought, unless the parties agree otherwise in writing. The ADR Rules are available
at www.adrservices.com or by searching for “ADR Arbitration Rules” using a search engine such
as www.google.com. The arbitration shall be heard by one arbitrator (the “Arbitrator”) selected in
accordance with the ADR Rules.

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For disputes arising outside of California (or for disputes arising in California only if ADR cannot
or will not administer the arbitration), the parties shall be required to meet and confer to select a
neutral arbitration provider. Such an arbitration provider shall have operations in the state in
which the dispute arises. If the parties are unable to mutually agree upon an arbitration provider,
then either party may invoke 9 U.S.C. § 5 to request that a court of competent jurisdiction
appoint an arbitration provider with operations in the state in which the dispute arises. Any
arbitration provider appointed by a court under 9 U.S.C. § 5 shall conduct arbitration solely on
an individualized basis as set forth in this Section 2. Once the parties mutually agree upon a
neutral arbitration provider, or an arbitrator provider is appointed under 9 U.S.C. § 5, the
ensuing arbitration shall commence pursuant to the rules of the designated arbitration provider,
except as designated herein. Once an arbitration provider is agreed upon or appointed, an
Arbitrator shall be appointed. The Arbitrator will be either (1) a retired judge or (2) an attorney
licensed to practice law in the state where the arbitration is conducted with experience in the law
underlying the dispute. The Arbitrator will be selected by the parties from the applicable
arbitration provider’s roster of arbitrators. If the parties are unable to agree upon an Arbitrator
after a good faith meet and confer effort, then the applicable arbitration provider will appoint the
Arbitrator in accordance with its rules.

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Notwithstanding any choice of law or other provision in these Terms, the parties agree and
acknowledge that this Arbitration Agreement evidences a transaction involving interstate
commerce and that the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (“FAA”), will govern its
interpretation and enforcement and proceedings pursuant thereto. It is the intent of the parties to
be bound by the provisions of the FAA for all purposes, including, but not limited to,
interpretation, implementation, enforcement, and administration of this Arbitration Agreement,
and that the FAA and the applicable arbitration provider’s rules shall preempt all state laws to
the fullest extent permitted by law. All statutes of limitations that would otherwise be applicable
will apply to any arbitration proceeding. If the FAA and applicable arbitration provider’s rules are
found to not apply to any issue regarding the interpretation or enforcement of this Arbitration
Agreement, then that issue shall be resolved under the laws of the state where you reside when
you accept these Terms.

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Any dispute, claim, or controversy arising out of or relating to incidents or accidents resulting in
personal injury (including but not limited to sexual assault or harassment claims) or death that
you allege occurred in connection with your use of the Services, whether before or after the date
you agreed to the Terms, shall be governed by and construed in accordance with the laws of the
state in which the incident or accident occurred.

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(d) Process.

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Pre-Arbitration Dispute Resolution and Notification. The parties agree that good-faith informal
efforts to resolve disputes often can result in a prompt, low-cost, and mutually beneficial
outcome. The parties therefore agree that, before either party demands arbitration against the
other, we will personally meet and confer, via telephone or videoconference, in a good-faith
effort to resolve informally any claim covered by this Arbitration Agreement. Multiple individuals
initiating claims cannot participate in the same informal telephonic dispute resolution
conference. If you are represented by counsel, your counsel may participate in the conference,
but you shall also fully participate in the conference. The party initiating the claim must give
notice to the other party in writing of their intent to initiate an informal dispute resolution
conference, which shall occur within 60 days after the other party receives such notice, unless
an extension is mutually agreed upon by the parties. To notify BusRight that you intend to
initiate an informal dispute resolution conference, write to BusRight, Inc., 2248 Broadway
#1687, New York, NY 10024, providing your name, the telephone number(s) associated with
your BusRight account (if any), the email address(es) associated with your BusRight account,
and a description of your claim. Engaging in an informal dispute resolution conference is a
condition precedent that must be fulfilled before commencing arbitration, and the Arbitrator shall
dismiss any arbitration demand filed before completion of an informal dispute resolution
conference. The statute of limitations and any filing fee deadlines shall be tolled while the
parties engage in the informal dispute resolution process required by this paragraph.
Initiating Arbitration. In order to initiate arbitration following the conclusion of the informal dispute
resolution process required by this Section, a party must provide the other party with a written
demand for arbitration and file the demand with the applicable arbitration provider, as
determined by Section 2(c). A party initiating an arbitration against BusRight must send the
written demand for arbitration to BusRight, Inc., 2248 Broadway #1687, New York, NY 10024, or
serve the Demand on BusRight’s registered agent for service of process, c/o BusRight
Technologies, Inc. (the name and current contact information for the registered agent in each
state are available online here). Additionally, a party initiating arbitration against BusRight must
send an electronic version of the demand for arbitration to the Arbitration Provider, and must
send an electronic version of the as-filed demand to legal@busright.com.

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By signing the demand for arbitration, counsel certifies to the best of counsel’s knowledge,
information, and belief, formed after an inquiry reasonable under the circumstances, that (i) the
demand for arbitration is not being presented for any improper purpose, such as to harass,
cause unnecessary delay, or needlessly increase the cost of dispute resolution; (ii) the claims
and other legal contentions are warranted by existing law or by a nonfrivolous argument for
extending, modifying, or reversing existing law or for establishing new law; and (iii) the factual
contentions have evidentiary support or, if specifically so identified, will likely have evidentiary
support after a reasonable opportunity for further investigation or discovery. The Arbitrator shall
be authorized to afford any relief or impose any sanctions available under Federal Rule of Civil
Procedure 11 or any applicable state law for either party’s violation of this requirement.

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(e) Location.

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Unless you and BusRight otherwise agree, if you reside in the United States, the arbitration will
be conducted in the county where you reside. If you do not reside in the United States, the
arbitration will be conducted in the county where the dispute arises. Your right to a hearing will
be determined by the applicable arbitration provider’s rules. Subject to the applicable arbitration
provider’s rules, the Arbitrator will have the discretion to direct a reasonable exchange of
information by the parties, consistent with the expedited nature of the arbitration.

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(f) Offers of Judgment.

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At least 10 days before the date set for the arbitration hearing, any party may serve an offer in
writing upon the other party to allow judgment on specified terms. If the offer is accepted, the
offer with proof of acceptance shall be submitted to the arbitrator, who shall enter judgment
accordingly. If the offer is not accepted prior to the arbitration hearing or within 30 days after it is
made, whichever occurs first, it shall be deemed withdrawn, and cannot be given in evidence
upon the arbitration. If an offer made by one party is not accepted by the other party, and the
other party fails to obtain a more favorable award, the other party shall not recover their
post-offer costs and shall pay the offering party’s costs from the time of the offer.

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(g) Arbitrator’s Decision.

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The Arbitrator will render an award within the time frame specified in the applicable arbitration
provider’s rules. Judgment on the arbitration award may be entered in any court of competent
jurisdiction. The Arbitrator may award declaratory or injunctive relief only in favor of the claimant
and only to the extent necessary to provide relief warranted by the claimant’s individual claim.
An Arbitrator’s decision shall be final and binding on all parties.
The Arbitrator is not bound by decisions reached in separate arbitrations, and the Arbitrator’s
decision shall be binding only upon the parties to the arbitration that are the subject of the
decision.
The Arbitrator shall award reasonable costs incurred in the arbitration to the prevailing party in
accordance with the law(s) of the state in which arbitration is held.

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(h) Fees.

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With the exception of the provisions governing payment of arbitration costs set forth above, your
responsibility to pay any filing, administrative, and arbitrator fees will be solely as set forth in the
applicable arbitration provider’s rules and shall be up to the amount you would be required to
pay if you filed a claim in court.
If you have a gross monthly income of less than 300% of the federal poverty guidelines, you are
entitled to a waiver of arbitration fees and costs, exclusive of arbitrator fees. If you believe that
you meet the requirements to obtain a fee waiver, and your demand for arbitration arises
outside of California, then you may request a fee waiver only by submitting to the arbitration
provider AO 240, Application to Proceed in District Court Without Prepaying Fees or Costs
(found here), or a declaration under oath containing all the information required by AO 240; if
your demand for arbitration arises in California, then you must submit a declaration under oath
providing your monthly income and the number of persons in your household.
Any and all disputes regarding a party’s obligation to pay any arbitration fees or costs that arise
after an arbitrator is appointed shall be determined solely by the arbitrator. If such a dispute
arises before an arbitrator has been appointed, and if no Special Master has been requested by
either party pursuant to Section 2(a)(3)(c)(i) of these Terms, the parties agree that (i) the due
date for any disputed fees shall be stayed pending resolution of the parties’ dispute, (ii) a panel
of three arbitrators shall be appointed to resolve the parties’ dispute concerning a party’s
obligation to pay fees or costs of arbitration, (iii) the panel of arbitrators shall be appointed by
each party selecting one arbitrator from the arbitration provider’s roster to serve as neutral
arbitrators, and these arbitrators shall appoint a third neutral arbitrator. If the parties’ arbitrators
cannot agree on a third arbitrator, the arbitration administrator will select the third arbitrator, (iv)
BusRight shall pay any administrative fees or costs incidental to the appointment of a panel of
arbitrators under this provision, as well as any fees or costs that would not be incurred in a court
proceeding, such as payment of the fees of the arbitrator(s), as well as room rental, and (v) the
arbitrator(s) shall issue a written decision with findings of fact and conclusions of law. If two or
more fee disputes between a claimant and BusRight arise at or around the same time, the
disputes may be consolidated for resolution by a single arbitrator or panel of arbitrators either at
the agreement of the parties or the election of the party common to all such disputes.

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(i) Severability and Survival.

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If any portion of this Arbitration Agreement is found to be unenforceable or unlawful for any
reason, (i) the unenforceable or unlawful provision shall be severed from these Terms; (ii)
severance of the unenforceable or unlawful provision shall have no impact whatsoever on the
remainder of the Arbitration Agreement or the parties’ ability to compel arbitration of any
remaining claims on an individual basis pursuant to the Arbitration Agreement; and (iii) to the
extent that any claims must therefore proceed on a class, collective, consolidated, or
representative basis, such claims must be litigated in a civil court of competent jurisdiction and
not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the
outcome of any individual claims in arbitration.

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3. The Services

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(a) App Stores.

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The availability of the Services may be dependent on the third-party from which you received
the license to the BusRight App, e.g., the Apple iPhone or Android app stores (“App Store”).
These Terms are between you and BusRight and not with the App Store and BusRight is
responsible for the provision of Services as described in these Terms. However, if you
downloaded the BusRight App from the Apple App Store, Apple and its subsidiaries are
third-party beneficiaries of these Terms. Upon your acceptance of these Terms, Apple shall have
the right (and will be deemed to have accepted the right) to enforce these Terms against you as
a third-party beneficiary thereof. These Terms incorporate by reference Apple’s Licensed
Application End User License Agreement, for purposes of which, you are the “end-user.” In the
event of a conflict in the terms of the Licensed Application End User License Agreement and
these Terms, these Terms will control.

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(b) Ownership; License; and Restrictions.

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The Services and all rights, title, and interest, including all related intellectual property rights
therein are and shall remain BusRight’s property or the property of BusRight’s licensors. These
Terms are not a sale and do not convey or grant to you any rights in or related to the Services,
or any intellectual property rights owned by BusRight or its licensors, except for the limited
license granted herein.

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Subject to your compliance with these Terms, BusRight grants you a limited, non-exclusive,
non-sublicensable, revocable, non-transferable license to: (i) access and use the BusRight App
solely in connection with your use of the Services on your personal device; and (ii) access and
use any content, information and related materials that may be made available through the
Services, in each case solely for your personal, noncommercial use. Any rights not expressly
granted herein are reserved by BusRight and BusRight’s licensors. You agree that you will not
use BusRight’s copyrights, trademarks, service marks, or trade dress, aside from use incidental
to your use of the Services, without express, written permission from BusRight. This prohibition
includes use in domain names, websites, and social media accounts. You may not: (i) remove
any copyright, trademark or other proprietary notices from any portion of the Services; (ii)
reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell,
transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the
Services except as expressly permitted by BusRight; (iii) decompile, reverse engineer or
disassemble the Services except as may be permitted by applicable law; (iv) link to, mirror or
frame any portion of the Services; (v) cause or launch any programs or scripts for the purpose
of, or which result in, unduly burdening or hindering the operation and/or functionality of any
aspect of the Services; or (vi) attempt to gain unauthorized access to or impair any aspect of the
Services or its related systems or networks.

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All intellectual property rights in and to the BusRight Platform shall be owned by BusRight
absolutely and in their entirety. These rights include database rights, inventions and patentable
subject-matter, patents, copyright, design rights (whether registered or unregistered),
trademarks (whether registered or unregistered) and other similar rights wherever existing in the
world together with the right to apply for protection of the same. All other trademarks, logos,
service marks, company or product names set forth in the BusRight Platform are the property of
their respective owners.

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4. Eligibility

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The BusRight Platform may only be used by individuals who have the right and authority to
enter into this Agreement and are fully able and competent to satisfy the terms, conditions, and
obligations herein. The BusRight Platform is not available to Users who have had their User
account temporarily or permanently deactivated. You may not allow other persons to use your
User account, you agree that you are the sole authorized user of your User account, and you
may not use your User account on behalf of any third party, except as otherwise expressly
permitted by BusRight. To use the BusRight Platform, each User shall create a User account.
BusRight reserves the right to deactivate any additional or duplicate accounts. Your participation
in certain BusRight programs and use of certain BusRight services may be subject to additional
eligibility requirements as determined by BusRight.

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By becoming a User, you represent and warrant that you are at least 18 years old.
Notwithstanding the foregoing, if you are the parent or legal guardian of a 16 or 17-year old
minor you may create a User account for such minor to use the BusRight Platform subject to the
following requirements and restrictions: (a) you ensure that the minor’s use of the BusRight
Platform is limited solely to accessing and using BusRight Services where expressly permitted
under the Supplemental Agreement applicable to such BusRight Services (b) you determine
that the BusRight Services are suitable for the minor, (c) you ensure that the minor’s use of the
BusRight Platform and applicable BusRight Services is done in compliance and
acknowledgement of all applicable safety instructions and warnings in this Agreement, any
applicable Supplemental Agreements, and the BusRight Platform, and (d) you explain the terms
of this Agreement to the minor.

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By creating a User account for such minor, you hereby give permission and consent to the
Agreement on the minor’s behalf, you expressly guarantee the minor’s acceptance, and your
own acceptance, of the terms of this Agreement, and you shall assume any and all
responsibility and liability for the minor’s use of the BusRight Platform as provided by the terms
of this Agreement and any applicable Supplemental Agreements. You will be responsible for any
breach of the above representations, warranties and/or this Agreement, and/or any attempt of
the minor to disaffirm this Agreement. Furthermore, you hereby represent that you are fully
authorized to execute this Agreement on behalf of yourself and all other parents or legal
guardians of the minor.

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6. User Conduct and Requirements; Communications

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User Conduct and Requirements.

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In addition to complying with these Terms, you agree to comply with all applicable laws when
accessing or using the Services, and you may only access or use the Services for lawful
purposes. You may not access or use the Services to cause nuisance, annoyance,
inconvenience, damage, or loss to BusRight, or any other party.
Communications with BusRight.

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By creating an Account, you electronically agree to accept and receive communications from
BusRight or third parties providing services to BusRight including via email, text message,
WhatsApp, calls, in-app communications, and push notifications to the telephone number(s) or
email addresses you provided to BusRight. You may also receive communications generated by
automatic telephone dialing systems and/or which will deliver prerecorded or automated
messages sent by or on behalf of BusRight, including but not limited to communications
concerning requests placed through your Account on the Services. Message and data rates
may apply. You can learn more about how BusRight may contact you by reading our Privacy
Statement.

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You may change your notification preferences by accessing Settings in your Account. To opt out
of receiving text messages from BusRight, you must reply “STOP” from the mobile device
receiving the messages. You acknowledge that opting out of receiving all communications may
impact your use of the Services. Notwithstanding the foregoing, if we suspect fraud or unlawful
activity on your Account, BusRight may contact you using any of the contact information you
provided in connection with your Account (including via text or voice-recorded message).
7. User Provided Content; Feedback.

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BusRight may, in its sole discretion, permit or allow you and others, including drivers, parents,
administrators, and other businesses or partners (in either case “User” or “you”) who use
BusRight’s platform(s), tools, or social media channels, from time to time to create, submit,
upload, publish, email, send messages, or otherwise make available textual, audio, or visual
content and information, including commentary, reviews, and feedback related to the Services,
initiation of support requests, merchants communication with consumers, and submission of
entries for competitions and promotions ("User Generated Content”, or “UGC") to BusRight or
Users. By accessing or using the Services to provide UGC, you confirm your agreement to be
bound by these User Generated Content Terms (“UGC Terms”).

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1. BusRight’s role regarding User Generated Content

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You acknowledge that BusRight is an online service provider and is not a publisher of UGC;
nonetheless, BusRight may, but shall not be obligated to, review or monitor UGC and may, in its
sole discretion, refuse to display, remove, edit, or disable UGC for any reason, including if
BusRight determines that UGC may negatively affect BusRight or that UGC violates these UGC
Terms, the terms of any other agreement that you have with BusRight, any UGC or other
content creation guidelines and/or policies that may be provided to you by BusRight from time to
time, or applicable codes, laws, legislation, licenses, orders (including court orders), ordinances,
rules, regulations, or any other requirement imposed by a government authority. BusRight does
not endorse or approve any UGC available on the Services. BusRight has the right to display
any UGC submitted by You on its Platform(s) in accordance with these UGC Terms and shall
have the right to combine such UGC with any UGC created by other Users, as well as any
content created by BusRight itself.

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2. License to User Generated Content

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UGC remains your property; however, you grant BusRight a worldwide, perpetual, irrevocable,
transferable, sub-licenseable, royalty-free license to use, copy, modify, create derivative works
of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such UGC
in all formats and distribution channels now known or hereafter devised (including in connection
with the Services and BusRight's business, and on third-party sites and services), without
further notice to or consent from you, and without the requirement of payment to you or any
other person or entity.

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3. Representations and Warranties

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You represent and warrant that: (i) you either are the sole and exclusive owner of all UGC or
you have all rights, licenses, consents and releases necessary to grant BusRight the license to
the UGC as set forth above; (ii) neither the UGC, nor your submission, uploading, publishing,
emailing, messaging, or otherwise making available of such UGC, nor BusRight's use of the
UGC as permitted herein will infringe, misappropriate or violate a third party's intellectual
property or proprietary rights, or rights of publicity or privacy, or result in the violation of any
applicable applicable codes, laws, legislation, licenses, orders (including court orders),
ordinances, rules, regulations, or any other requirement imposed by a government authority;
and (iii) you assume all risks (including accuracy and reliability) associated with the content and
shall not imply in any UGC that the content is endorsed or verified by BusRight. When providing
UGC or otherwise using the Services, you agree that you will not:
● Do or allow to be done, anything which will or is reasonably likely to adversely affect the
Services or BusRight.
● Use the Services to cause nuisance, annoyance, inconvenience, or property damage,
for example using vulgar or harassing language, using hate speech, being abusive, or
spamming, to any party using the Services.
● Contribute UGC that is inappropriate, abusive, harassing, profane, threatening, hateful,
offensive, vulgar, obscene, sexually explicit, derogatory, defamatory, infringing, invasive
of another's privacy, inaccurate, or otherwise reasonably objectionable.
● Provide content that you don't have permission to freely distribute, including the personal
information of another person.
● Modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or
adaptations of, publicly display, sell, trade, incorporate into advertisements, or in any
way use another User’s UGC, except as expressly authorized by BusRight or the owner
of the UGC.
● Impersonate another person or falsely claim or imply that you are a BusRight employee
or BusRight representative.
● Attempt to obtain, or phish for, a password, account information, or other private
information from anyone else using the Services.
● Use any robot, spider, or other automated device or process to access the Services for
any purpose or copy any material from the Services.
● Attempt to use the Services on or through any service that is not controlled or authorized
by BusRight.
● Promote or encourage any prohibited activity described above.

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4. Indemnification

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You will indemnify, defend, and hold harmless BusRight, its Affiliates, and their respective
directors, officers, employees, agents, successors, and assigns, against all claims, damages,
losses, and expenses (including reasonable outside attorney fees) with respect to any
third-party claim(s) arising out of or related to the UGC. You agree that the provisions in this
section will survive any termination of your account or this Agreement.

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5. Violation of UGC Terms

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If you or someone using your account with BusRight violates these UGC Terms or fails to
remedy a violation after a warning, BusRight may take action against you, including revoking
access to certain or all of the Services, or terminating your account. In case of severe violations,
BusRight may take these actions without issuing a prior warning. When appropriate, BusRight
will notify you of the action it will take in response to violations of these rules or breach of these
UGC Terms.

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Specific BusRight Services may post additional rules that apply to your conduct on those
services.

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8. Disclaimers; Limitation of Liability; and Indemnity

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Disclaimers.

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THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” BUSRIGHT DISCLAIMS ALL
REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, NOT
EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
IN ADDITION, BUSRIGHT MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE
REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF
THE SERVICES OR ANY SERVICES OR GOODS REQUESTED THROUGH THE USE OF
THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.
YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES,
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
BUSRIGHT DOES NOT CONTROL, ENDORSE OR TAKE RESPONSIBILITY FOR ANY USER
CONTENT AVAILABLE ON OR LINKED TO BY THE SERVICES. BUSRIGHT CANNOT AND
DOES NOT REPRESENT OR WARRANT THAT THE SERVICES ARE FREE OF VIRUSES OR
OTHER HARMFUL COMPONENTS.

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BUSRIGHT’S USE OF ALGORITHMS IN AN ATTEMPT TO PROVIDE SERVICES OR
IMPROVE THE EXPERIENCE OF USERS AND THE SECURITY AND SAFETY OF THE
SERVICES DOES NOT CONSTITUTE A GUARANTEE OR WARRANTY OF ANY KIND,
EXPRESSED OR IMPLIED.

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Limitation of Liability.

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BUSRIGHT SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY,
PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA,
PERSONAL INJURY OR DEATH, OR PROPERTY DAMAGE RELATED TO, IN CONNECTION
WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, REGARDLESS
OF THE NEGLIGENCE (EITHER ACTIVE, AFFIRMATIVE, SOLE, OR CONCURRENT) OF
BUSRIGHT, EVEN IF BUSRIGHT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES.

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BUSRIGHT SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING
OUT OF: (i) YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO
ACCESS OR USE THE SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP
BETWEEN YOU AND ANY THIRD-PARTY PROVIDER, EVEN IF BUSRIGHT HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BUSRIGHT SHALL NOT BE LIABLE
FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND
BUSRIGHT'S REASONABLE CONTROL. YOU AGREE THAT BUSRIGHT HAS NO
RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY TRANSPORTATION OR
LOGISTICS SERVICES PROVIDED TO OR NOT PROVIDED TO YOU BY THIRD-PARTY
PROVIDERS OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS.

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THE LIMITATIONS AND DISCLAIMERS IN THIS SECTION DO NOT PURPORT TO LIMIT
LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED
UNDER APPLICABLE LAW. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW
THE EXCLUSION OF OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR
INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, BUSRIGHT’S LIABILITY
SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. THIS PROVISION SHALL HAVE
NO EFFECT ON BUSRIGHT’S CHOICE OF LAW PROVISION SET FORTH BELOW.
Indemnity.

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You agree to indemnify and hold BusRight and its affiliates and their officers, directors,
employees, and agents harmless from and against any and all actions, claims, demands,
losses, liabilities, costs, damages, and expenses (including attorneys’ fees), arising out of or in
connection with: (i) your use of the Services or services or goods obtained through your use of
the Services; (ii) your breach or violation of any of these Terms; (iii) BusRight’s use of your User
Content; or (iv) your violation of the rights of any third party.

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9. Other Provisions

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Choice of Law.

‍
These Terms shall be governed by and construed in accordance with the laws of the state in
which your dispute arises, without regard to the choice or conflict of law principles of any
jurisdiction, except as may be otherwise provided in the Arbitration Agreement in Section 2
above or in Supplemental Terms applicable to your region. This Choice of Law provision applies
only to the interpretation of these Terms, and these provisions shall not be interpreted as
generally extending any state’s law to you if your dispute did not arise in that state.
Any dispute, claim, or controversy arising out of or relating to incidents or accidents resulting in
personal injury or death (including but not limited to sexual assault or harassment claims) that
you allege occurred in connection with your use of the Services, whether before or after the date
you agreed to these Terms, shall be governed by and construed in accordance with the laws of
the state in which the incident or accident occurred.
Choice of Forum.

‍
Any dispute, claim, or controversy arising out of or relating to these Terms or the existence,
breach, termination, enforcement, interpretation or validity thereof, shall be brought exclusively
in the state or federal courts of the state in which the dispute, claim or controversy arose,
notwithstanding that other courts may have jurisdiction over the parties and subject matter,
except as may be otherwise provided by the Arbitration Agreement above or in Supplemental
Terms applicable to your region.

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Notwithstanding the foregoing, any dispute, claim, or controversy arising out of or relating to
incidents or accidents resulting in personal injury (including but not limited to sexual assault or
harassment claims) that you allege occurred in connection with your use of the Services,
whether before or after the date you agreed to these Terms, shall be brought exclusively in the
state or federal courts in the state in which the incident or accident occurred, notwithstanding
that other courts may have jurisdiction over the parties and subject matter, and except as may
be otherwise provided in the Arbitration Agreement in Section 2 or in Supplemental Terms
applicable to your region, to the extent permitted by law.

‍
The foregoing Choice of Law and Choice of Forum provisions do not apply to the Arbitration
Agreement in Section 2, and we refer you to Section 2 for the applicable provisions for such
disputes.

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Claims of Copyright and Trademark Infringement.

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Claims of copyright and trademark infringement should be sent to legal@busright.com or
Copyright Agent c/o BusRight, Inc., 2248 Broadway #1687, New York, NY 10024.

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10. Modification to the Agreement

‍
BusRight reserves the right to modify the terms and conditions of this Agreement, including by
changing or deleting existing terms or by adding new ones, and such modifications shall be
binding on you upon your acceptance of the modified Agreement. Continued use of the
BusRight Platform after modifications to this Agreement shall constitute your acceptance of
such modifications. BusRight reserves the right to modify any information on pages referenced
in the hyperlinks from this Agreement from time to time, and such modifications shall become
effective upon posting. Continued use of the BusRight Platform after modifications to any
information on pages referenced in the hyperlinks from this Agreement shall constitute your
acceptance of such modifications.

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