Effective date: January 10, 2020
These Terms of Service ("Terms") apply to your access to and use of the cars, websites, applications, and other products and services (collectively, our "Services") provided by Pony.ai and its subsidiaries ("Pony.ai," "we" or "us"). By clicking to indicate your acceptance to these Terms or otherwise using our Services (including as a passenger in a ride requested by another user), you agree to be bound by these Terms. If you do not agree to these Terms, you may not use our Services.
Please note that Section 18 contains a mandatory arbitration provision and class action waiver, which requires you to arbitrate certain disputes and claims with Pony.ai and limits the manner in which you can seek relief from us. Except as specified in Section 18, this provision requires that disputes be resolved solely through individual arbitration and not as a class arbitration, class action or any other type of representative proceeding.
Further, please note that Section 15 contains disclaimers with respect to the Services and an acknowledgment of understanding risks in using our Services.
In addition to these Terms, we may ask you to accept additional terms that apply to specific promotions, products or services. To the extent any additional terms conflict with these Terms, the additional terms govern with respect to your access to or use of the applicable promotion, product or service.
Please refer to our Privacy Policy for details about how we collect information about you in connection with your use of our Services, and how we use and disclose this information.
a. To use the Services, you must be at least 18 years of age.
b. If you are using our Services on behalf of another person or entity, you represent that you are authorized to accept these Terms on that person or entity’s behalf and that the person or entity agrees to be responsible to us if you or the other person or entity violates these Terms. In these cases, the term "you" will refer collectively to you and that other person or entity.
c. You represent and warrant that you (i) are at least 18 years of age, (ii) have not been previously suspended or removed from the Services, or engaged in any activity that could result in suspension or removal from the Services, and (iii) have full power and authority to enter into these Terms and in so doing will not violate any other agreement to which you are a party.
To request rides in our cars, you will need to register for an account with us using an active phone number that you own or control. You are responsible for ensuring that any information you provide to PonyPilot is accurate. You must maintain the accuracy of your account information at all times. You are solely responsible for maintaining the security of your account and account credentials, and must promptly notify us if you discover or suspect that someone has accessed your account without your permission. If you permit others to access your account or to use Services requested with your account, you agree to be fully responsible for their acts and omissions, including any violation of these Terms.
a. Damages. Please contact us through our mobile application, upon your discovery of any damage to the interior or exterior of our cars (such as stains on the seats or floors) or if the car experiences any problems during your ride (such as a flat tire, accident or failure to reach your designated destination). You must provide this notice as soon as practicable after such discovery. You agree to cooperate with us in our investigation of any issue that we reasonably believe occurred in connection with your ride, and provide all information that we request related to the issue. You will be responsible for paying for all damage to the car that we reasonably believe has been caused by you, and for any cleaning or repair costs if the car is left in an unclean or damaged condition. If you fail to report any damage on time, and the damage is later reported by another user of our Services, we may reasonably believe that you caused the damage.
b. Rider Insurance. We have contracted with a third party insurance provider. Coverage applies for authorized passengers in our cars, subject to certain exclusions and limitations in the applicable insurance policies. For more details regarding this rider insurance program, including how to make a claim for coverage and applicable conditions and coverage limits, please contact support@pony.ai. You agree to look solely to the applicable provider of Pony.ai’s rider insurance, and not Pony.ai, for any claims or disputes regarding insurance coverage for our riders.
You may not bring anyone with you on your ride who is not a registered user.
You are solely responsible for your conduct while accessing or using our Services. You and your passengers must comply with all applicable laws and regulations in connection with use of the Services, such as, for example, laws requiring the use of seatbelts in our cars. You must comply with the Passenger Rules described below and any other instructions or requirements provided by Pony.ai from time to time, including as may be provided inside of our cars. In connection with any use of our Services, you and your passengers must not:
PonyPilot application may offer featured articles, pictures, information, images, surveys, contests and sweepstakes, advertising, logos, trademarks, audio, video, text, data, music, sound, graphics, photographs, videos, software, and other content and materials on the site (collectively referred to hereinafter as “Content,” but excluding specifically User Content as defined below) we hope will be of interest to our visitors. The Content may not be copied, reproduced, published, republished, uploaded, posted, displayed, transmitted, modified, used to prepare derivative works, distributed, or redistributed in any way in any medium whatsoever now known or later invented, except that you may download one copy of the Content on any single computer for your personal, noncommercial home use only, provided you retain all trademark, copyright and other proprietary notices displayed on, embedded in, or otherwise appearing in any Content. Any attempt to modify the Content or to use the Content for any other purpose constitutes a violation of our copyright and other proprietary rights, and may subject you to injunctive relief, statutory damages, and other penalties. The use of any such material on any other website or networked computer environment is prohibited without our express written permission. We make no representations or warranties that the Content is available, appropriate, or legal to access. Except for User Content (as hereinafter defined), all Content posted on or otherwise available via the site is owned by us or used by us with authorization. Please feel free to browse the site, but you must respect the rules and restrictions set forth in these TOU and our intellectual property rights as set forth in these TOU. No right, title or interest in or to the site or any Content is transferred to you, and all rights not expressly granted in these TOU are reserved by us. Please note that downloading software, information, data, images, or other Content from the site does not give you title or other rights to such Content.
You will not take any photographs and videos, music, audio and other materials (collectively, "User Content") of the vehicle componentry inside the vehicle; You agree that we may record via audio and video technology any occupants of the vehicle, including you, for the purposes of continuous research and development and ride satisfaction. You will adhere to the PonyPilot Program Policies and Procedures involved in the Booking, Cancellation, Pickup, In-Vehicle Behavior, and Drop-Off aspects of this service.
Because of the confidential nature of this proof of concept, as a condition of your use of the PonyPilot service and in consideration for your use and access to the Service, you agree that you will not publish or allow to be published in any publicly available media your thoughts, feelings, and opinions of the PonyPilot Service without our prior consent. Any proprietary knowledge gained regarding the operation, engineering, and development of the PonyPilot App or Service shall be held in confidence until further notice.
Your failure to abide by the above conditions, as well as any conditions contained in any Program Guidelines and/or related Policies and Procedures provided to you may result in a cancellation of a service request, discontinuing of a ride in progress and mandatory exit from the vehicle, and, if necessary, your expulsion from the PonyPilot program, and/or legal action. Illegal or suspected illegal activity may result in PonyPilot operators contacting appropriate authorities.
Our Services, including the text, graphics, images, photographs, videos, illustrations, trademarks, trade names, service marks, logos, slogans, User Content and other content contained therein, are owned by or licensed to Pony.ai and are protected under both United States and foreign laws. Except as explicitly stated in these Terms, Pony.ai and our licensors reserve all rights in and to our Services. Subject to these Terms, including your compliance with Sections 5-7 above, you are hereby granted a limited, nonexclusive, nontransferable, non-sublicensable, revocable license to install our mobile app and use our Services for your own personal use. Any use of our Services other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will automatically terminate the license granted herein.
You agree to receive marketing and other communications sent by us via text message or telephone calls (including pre-recorded messages generated by automatic telephone dialing systems) to any phone number you provide us via the Services. You represent and warrant that you are the owner of that phone number. You are not required to consent to receive marketing communications as a condition of using the Services or purchasing any rides, and can opt out of receiving marketing communications by emailing support@pony.ai. Standard text messaging charges applied by your cell phone carrier will apply to text messages we send.
"PonyPilot" and our logos, product or service names, slogans and the look and feel of the Services are trademarks of Pony.ai and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned on the Services are the property of their respective owners.
You may create a text hyperlink to our websites for noncommercial purposes provided that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited permission may be revoked at any time. You will not use the Pony.ai logo or other proprietary graphic of Pony.ai to link to our websites without our express written permission.
Our Services may contain or refer to third-party content, services or materials, including links or referrals to web pages, services and content of third-parties or applications or services that link from or are mentioned within our Services (collectively, the "Third-Party Materials"). Pony.ai does not endorse or adopt any Third-Party Materials and can make no guarantee as to their accuracy or completeness. Pony.ai does not create, update, or have an obligation to monitor Third-Party Materials and is not responsible for any Third-Party Materials. You are responsible for deciding if you want to access or use Third-Party Materials. Your correspondence or business dealings with, or participation in promotions of, or advertisements found on or through our Services are solely between you and the applicable third party. Access and use of any Third-Party Materials, including the information, materials, products, and services on or available through any third-party sites or services, is solely at your own risk.
You may submit questions, comments, suggestions, ideas, original or creative materials or other information about Pony.ai or our Services (collectively, "Feedback"). You grant us a non-exclusive, sublicensable, perpetual and irrevocable license to use such Feedback for any purpose, including to incorporate within our Services or to otherwise exploit commercially without acknowledgment or compensation to you.
We have adopted a policy of terminating, in appropriate circumstances, the accounts of users who repeatedly infringe the copyrights of others. If you believe that anything on our Services infringes any copyright that you own or control, you may notify Pony.ai’s designated agent as follows:
Copyright Manager
Pony.ai, Inc.
3501 Gateway
Fremont, CA 94538
Phone: (510) 906-8868
Email: support@pony.ai
Please see 17 U.S.C. §512(c)(3) for the requirements of a proper notification. Also, please note that if you knowingly misrepresent that any activity or material on our Services is infringing, you may be liable to Pony.ai for certain costs and damages.
To the fullest extent permitted by applicable law, you will indemnify, defend, and hold harmless Pony.ai, our subsidiaries and affiliates, and each of our and their respective officers, directors, partners, suppliers, licensors and employees (individually and collectively, the "Pony.ai Parties") from and against any loss, liability, claim, demand, damages, expenses or costs arising out of any or related to (a) your use of the Services; (b) your negligence, (c) your User Content or Feedback; (d) your violation of these Terms; (e) your violation, misappropriation or infringement of any rights of another, including intellectual property rights or privacy rights; or (f) any acts or omissions of, or any claims brought by, any of your passengers, including in connection with their use of the Services, negligence, or violation of these Terms. You will not be required to indemnify the Pony.ai Parties for any personal injury or property damage to the extent caused by our Services except to the extent such injury or damage is caused by your, or any of your passenger’s, negligence or violation of these Terms. You agree that the Pony.ai Parties will have the exclusive right to control the defense or settlement of any third-party claims subject to this section. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and Pony.ai or the other Pony.ai Parties.
a. We do not control, endorse or take responsibility for any User Content or Third-Party Materials. Our Services are provided "as is" and "as available" without warranties of any kind, either express or implied, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. Pony.ai does not make any representations or warranties regarding the accuracy, completeness, availability or reliability of the Services.
b. The Services, including our self-driving system and the application, depend upon emerging technologies and could become inoperable or inaccessible for a period of time, or may function erratically or improperly, with little to no advance notice. For these and other reasons (such as if a car gets a flat tire), passengers may not always be delivered to their intended destinations or may experience inconveniences or discomfort related to the Services. Our cars are not designed to provide transportation services in connection with emergencies, such as if a person needs to be transported to a hospital for urgent or emergency care. If you use our cars, you acknowledge that you understand the risks described in this section.
To the fullest extent permitted by applicable law, the Pony.ai Parties’ liability to you under any theory of liability—whether based in contract, tort, Pony.ai’s negligence, warranty, or otherwise— will be subject to the following terms:
a. The Pony.ai Parties will not be liable for any indirect, consequential, incidental, special damages, lost profits or the costs of procuring substitute transportation services arising out of or in any way related to these Terms or our Services, even if Pony.ai or the other Pony.ai Parties have been advised of the possibility of such damages. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions in this section may not apply to you.
b. The total liability of the Pony.ai Parties, for any claim arising out of or relating to these Terms or our Services, regardless of the form of the action, is limited to the amount paid by you to Pony.ai for the Service instance giving rise to the claim.
c. Our Services may include referrals to or arrangement of transportation services provided by third-party service providers ("Third-Party Providers"). Except as expressly set forth herein, you agree that Pony.ai has no responsibility or liability related to any services provided by Third-Party Providers.
d. The limitations set forth in this Section 16 will not limit or exclude liability to you (i) for the gross negligence, fraud, or reckless or intentional misconduct of the Pony.ai Parties, (ii) for any personal injury or property damage to the extent caused by our Services (except to the extent such injury or damage is caused by your, or any of your passenger’s, negligence or violation of these Terms, or (iii) for any other matters in which liability cannot be excluded or limited under applicable law.
To the fullest extent permitted by applicable law, you release Pony.ai Parties from responsibility, liability, claims, demands, and/or damages (actual and consequential) of every kind and nature, known and unknown (including claims of negligence), arising out of or related to disputes between you and any third party (including other passengers) and the acts or omissions of third parties. You expressly waive any rights you may have under California Civil Code § 1542 as well as any other statute or common law principles that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.
Please read the following section carefully because it requires you to arbitrate certain disputes and claims with Pony.ai and limits the manner in which you can seek relief from us.
a. Except as set forth in subsection (i) below and to the fullest extent permitted by applicable law, you and Pony.ai waive your rights to a jury trial and to have any dispute arising out of or related to these Terms or our Services (including our Privacy Policy) resolved in court. Instead, to the fullest extent permitted by applicable law, all disputes arising out of or relating to these Terms or our Services will be resolved through confidential binding arbitration in accordance with the Streamlined Arbitration Rules and Procedures ("Rules") of the Judicial Arbitration and Mediation Services ("JAMS"), which are available on the JAMS website (available at: www.jamsadr.com) and hereby incorporated by reference. You either acknowledge and agree that you have read and understand the rules of JAMS or waive your opportunity to read the rules of JAMS and any claim that the rules of JAMS are unfair or should not apply for any reason. Each arbitration will be conducted by a single arbitrator, and Pony.ai and you will have a reasonable opportunity to participate in the process of choosing the arbitrator.
b. To the fullest extent permitted by applicable law, you and Pony.ai agree that any dispute arising out of or related to these Terms or our Services is personal to you and Pony.ai and that any dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding.
c. You and Pony.ai agree that these Terms affect interstate commerce and that the enforceability of this Section 18 will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the "FAA"), to the maximum extent permitted by applicable law. As limited by the FAA, these Terms and the JAMS rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any dispute and to grant any remedy that would otherwise be available in court; provided, however, that the arbitrator does not have the authority to conduct a class arbitration or a representative action, which is prohibited by these Terms. The arbitrator may only conduct an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual. As part of the arbitration, both you and Pony.ai will have the opportunity for reasonable discovery of non-privileged information that is relevant to the Dispute.
d. Unless you and Pony.ai otherwise agree, the arbitration will be held in the county of your billing address. If JAMS arbitration is unavailable in that county, the arbitration will take place in the nearest available location for a JAMS arbitration.
e. With respect to the cost of the arbitration, if you initiate arbitration against Pony.ai, you will be responsible for JAMS filing fees up to a maximum of $250. All other costs payable to JAMS will be paid by Pony.ai, including any remaining JAMS case management fee and all professional fees for the arbitrator's services. If Pony.ai initiates arbitration against you, Pony.ai will pay all costs payable to JAMS in connection with the arbitration. Each party shall be responsible for its own attorneys’ fees and any other costs that are not payable to JAMS to administer the arbitration.
f. You and Pony.ai agree that the state or federal courts of the State of California and the United States sitting in Santa Clara County, California have exclusive jurisdiction over any appeals and the enforcement of an arbitration award.
g. ANY DEMAND FOR ARBITRATION ARISING OUT OF OR RELATED TO THESE TERMS OR OUR SERVICES MUST BE MADE WITHIN ONE YEAR OF DISCOVERY OF THE CLAIM; OTHERWISE, THE CLAIM IS PERMANENTLY BARRED, WHICH MEANS THAT YOU AND PONY.AI WILL NOT HAVE THE RIGHT TO ASSERT THE CLAIM.
h. You have the right to opt out of binding arbitration within thirty (30) days of the date you first accepted these Terms by emailing support@pony.ai. In order to be effective, the opt out notice must include your full name and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve Disputes in accordance with Section 19.
i. This Section 18 shall not require arbitration of the following types of claims: (i) small claims disputes in which you or Pony.ai seek to bring an individual action in small claims court located in the county of your billing address, (ii) disputes in which you or Pony.ai seeks injunctive or other equitable relief for any alleged infringement or misappropriation of intellectual property rights, or (iii) an individual claim by you arising from (a) sexual assault of you committed by an agent or employee of Pony.ai or (b) unwelcome behavior of a sexual nature directed toward you by an agent or employee of Pony.ai.
These Terms and your access to and use of our Services will be governed by and construed and enforced in accordance with the laws of California, without regard to conflict of law rules or principles (whether of California or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any dispute between the parties that is not subject to arbitration or cannot be heard in small claims court will be resolved in the state or federal courts of California and the United States, respectively, sitting in Santa Clara County, California.
All or part of our Services may be subject to U.S. export control and economic sanctions laws ("Export Controls"). You agree to abide by all Export Controls as they relate to your access and use of our Services. You represent and warrant that (a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.
If acquired by any agency of the U.S. Government, such agency acknowledges that (a) the Services constitute "commercial computer software" or "commercial computer software documentation" for purposes of 48 C.F.R. §12.212 and 48 C.F.R. §227.7202, as applicable; and (b) such agency's rights are limited to those specifically granted under these Terms.
We reserve the right, without notice and in our sole discretion, to terminate your right to access or use our Services or to modify, suspend or discontinue all or a part of the Services. In particular, we do not guarantee the availability or use of any particular car or that any car will be available for your use at any given time. We are not responsible for any loss or harm related to your inability to access or use our Services.
We may make changes to these Terms from time to time. If we make changes, we will provide notice of such changes, such as by sending an email notification, providing notice through our Services, or posting the amended Terms to our Services and updating the "Last Updated" date above. Unless we say otherwise in our notice, the amended Terms will be effective immediately and your continued access to and use of our Services after we provide notice will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must stop accessing and using our Services. Unless material changes are made to the arbitration provision under Section 18, you agree that modification of this Agreement does not create a new right to opt out of arbitration.
If any provision or part of a provision of these Terms is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions. These Terms constitute the entire agreement between you and Pony.ai relating to your access to and use of our Services. Enforcement of these Terms is at Pony.ai’s discretion, and any failure of Pony.ai to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. References to "including" or "include" will be deemed to mean "including without limitation". Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third party beneficiary rights upon any other person or entity.
a. If you have any questions or concerns regarding the Services or these Terms, including to resolve a complaint regarding the Service or to receive further information regarding use of the Service, please contact Pony.ai via support@pony.ai.
b. California consumers may also contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at 1 (800) 952-5210.
The following terms apply if you are accessing or using our mobile application ("App") on an Apple Inc. ("Apple") branded mobile device.
a. Acknowledgement. The Terms are concluded between Pony.ai and you only, and not with Apple, and, as between Apple and us, we are solely responsible for the App and the content thereof.
b. Scope of License. The license granted to you for the App under the Terms is limited to a non-transferable license to use the App on any Apple-branded products that you own or control and as permitted by the Apple Usage Rules set forth in the App Store Terms of Service, except that such App may be accessed, acquired, and used by other accounts associated with the purchaser via "Family Sharing" or volume purchasing.
c. Maintenance. Pony.ai is not obligated to provide any support or maintenance services for the App, provided that we are solely responsible for such services to the extent required under applicable law. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.
d. Warranty. To the effect not effectively disclaimed under Section 15 of the Terms, we are solely responsible for any warranties, whether express or implied by law. In the event of any failure of the App to conform to any applicable warranty not effectively disclaimed under Section 15, you may notify Apple, and Apple will refund the purchase price (if any) for the App; and agree that, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our sole responsibility.
e. Liability. Subject to Section 16 of the Terms, we, and not Apple, are responsible for addressing any claims of yours or any third party relating to the App or your possession and/or use of that App, including: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
f. IP Claims. Subject to Section 16 of the Terms, in the event of any third-party claim that the App or your possession and use of that App infringes any third party’s intellectual property rights, we, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
g. Third Party Beneficiaries. Apple and its subsidiaries are third party beneficiaries of these Terms, and will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.