LEGAL

DUET TERMS OF SERVICE

Welcome to Duet! Duet, also known as Duet Commute, is the online and mobile platforms and services (collectively, the "Duet services") provided by Dashboard Story, Inc. (the "Company", "Duet", "we", "us" or "our") independently or jointly with fleet operator(s) ("Fleet Operators", or "Partners"), to enable commuters to share rides either using their own vehicles or our contracted transportation services. This agreement (the "Agreement") describes your rights and responsibilities as a Duet user ("Duet user", "Duet member", "you" or "your"), and what you can expect from us. By signing up for a Duet account or using the Duet services without a Duet account, you hereby expressly acknowledge and agree to be bound by the terms and conditions of the Agreement, and any future amendments and additions to this Agreement as published from time to time at our website. Please review this site periodically as we may update our Terms of Service without notice.


IMPORTANT NOTICE: We update Duet periodically and all our supports are based on the latest version of Duet on either the App Store or Play Store. Please update your copy of Duet accordingly.


1. THE SCOPE OF DUET SERVICES

Duet provides two services to commuters – Carpooling and Shuttle. The Carpooling service enables users with the same or similar commute and travel route to find and communicate with each other to schedule and coordinate carpools and to share the expenses incurred by carpooling. The Company provides a platform for commuters to schedule, coordinate and communicate about sharing ride, and suggests and facilitates the expense sharing between the carpool users.

The Shuttle service enables commuters with similar route and schedule to share the same dedicated transportation service that is operated by our contracted Fleet Operator, such as Minyvan ("Minyvan") in the state of California. Minyvan hires professional drivers operate passenger vehicles owned or leased by Minyvan. Minyvan's terms of service can be found in its website, http://www.minyvan.com/service.html. The Shuttle service is only available in the areas specified by the Company and displayed in our products including but not limited to mobile applications and websites.

The Duet services are delivered through web and mobile applications that are developed and distributed by the Company. The Company is NOT a Transportation Network Company. The Duet services are only available in the United States. Utilizing the Duet services outside the United States is neither encouraged nor supported by the Company.

2. PERSONAL RESPONSIBILITIES

As a Duet member, you're responsible for keeping your version of the Duet application up to date, and only using the versions that are supported by the Company.

You are responsible for ensuring that your information in your Duet account is accurate, valid and up to date. Should your information change, please update your Duet account accordingly and promptly. We are dedicated to protecting your personal information. You can review our privacy policy anytime.

You must keep your accounts and passwords confidential and not authorize any third party to access or use the Duet services on your behalf. If you have any reason to suspect that your Duet account is compromised, you must inform the Company immediately and request to close your account. You may not transfer your account to any other person or entity.

You may acquire information pertaining to others using the Duet services. However, you may not disclose the personally-identifiable information of another user that you acquire using the Duet services to any third party without the consent of such other user after adequate disclosure, with the exception of reporting unlawful activity to authorized law enforcement personnel.

You will have the option to perform certain verifications of yourself, such as verifying your mobile phone number, email account, Facebook account, and LinkedIn account. We highly recommend you perform these verifications, which are factored into other members' consideration of carpooling with you. We may enforce some or all of the supported verifications in order to improve your carpooling success rate. We use the application programming interface (API) or software development kit (SDK) of the respective third parties to conduct these verifications of you. We will NOT disclose any information about you that is released by these third parties by default without your permission, and that is not already made publicly available by these third parties.

As a Duet member, you will be introduced to other members who signed up for Duet services for the purposes of carpooling or sharing rides for daily commuting. We rely on our members for the accuracy of their personal and commute information. We cannot and do not assess the suitability of members. We have little or no control over the truth or accuracy of the information that our members may provide, the ability of members to drive legally and safely, the condition of their vehicles, their criminal background, etc. We do not verify that a member has met all the eligibility requirements for the Duet services or that any other part of a member's profile information is true and accurate, or even that a member is who they claim to be. Background or other checks are not normally performed unless stated in our web or mobile applications; even where email, mobile number or other checks have been performed, we cannot guarantee that the results of those checks are accurate or up to date. You are solely responsible for selecting the individuals and/or entities with whom you travel. If you do not feel comfortable sharing a ride for any reason, you are not obligated to do so, and you should use another means of transportation. You acknowledge and agree that under no circumstances will the Company or its Duet services have any responsibility, liability or obligation with respect to any of the trips that you may take as a result of using the Duet services.

3. TECHNICAL REQUIREMENTS

Members must download the latest Duet mobile phone application to use the Duet services. If you're driving, you are advised to adhere to regulations and legislation relating to the use of mobile and cell phones while driving. For using mobile phone applications to access the Duet services, you will need a mobile device that is compatible with the Duet mobile application. The device and OS compatibility specifications are listed under the Duet mobile application in the Apple Apps Store. You are responsible for paying all the fees that your service provider may charge you for using the Duet mobile application through your mobile device.

4. DUET CARPOOLING SERVICE

4.1 Eligibility

We ask that all of our members be at least 22 years old. If you are under 22 years old, please do not use Duet services. You must not have committed any felony or serious criminal offense (including but not limited to a sexual offense and/or a violence-related offense) ever, nor any misdemeanor within the past three (3) years.

If you have a vehicle for commuting and are willing to give rides to other Duet members, you must have a current and valid driver license, carry all insurance required by law in order to operate a motor vehicle in the state/county/country where your vehicle is registered, carry liability insurance that covers bodily injury to all occupants of your vehicle, have NO record of convictions for serious driving offenses, and be medically fit to act as a driver. You follow prescribed manufacturer preventative and maintenance standards for the vehicle(s) you use. In addition, you have volunteered to be a driver for other Duet members; and you are an independent party participating, with others, in a voluntary, not-for-profit, ridesharing arrangement.

Members are advised to check with their insurance provider to ensure that their coverage extends to the expense-sharing ridesharing activities such as Duet-facilitated commuter carpooling. If at any time you do not meet or do not continue to meet the eligibility requirements listed in this section, you must notify us immediately at ride@duetinc.com, and you will have no right to use or continue to use the Duet services. The Company reserves the right, in its sole discretion, to refuse or deny access to the Duet services to any individual for any reason or no reason.


4.2 Carpool management

Definitions:

Carpool means a ride shared between two or more users with the same or similar commute or travel route, and with one of them being the driver and offering his or her personal vehicle for the ride.

Open carpool means a carpool request that is created by one user, but is still missing a driver or a passenger.

Confirmed carpool means a carpool has at least two users with one of them offering to drive his or her personal vehicle for the carpool.

Driver member means the Duet user in a carpool who offers to drive and to use his or her personal vehicle for the carpool.

Passenger member means the Duet user in a carpool who wants to take the ride as a passenger.

Carpool partner means the users who are scheduled to share the same confirmed carpool.

Pickup location means the location where carpool partners are scheduled to meet to start their confirmed carpool. The Duet mobile application marks the pickup location on the map for each carpool.

Dropoff location means the location where the passenger member is scheduled to be dropped off after the carpool. The Duet mobile application marks the dropoff location on the map for each carpool.

Departure time means the time that the confirmed carpool partners are scheduled to meet at the scheduled pickup location and to depart.

ETA means the Estimated Time of Arrival or the estimated time that the confirmed carpool is supposed to arrive at the scheduled dropoff location.

Claims means the three actions supported by the corresponding features in the Duet mobile applications for a confirmed carpool – "Pickup complete", "Cancel my carpool" and "Others are No Show". User has to use one of these supported features to make an official claim. Claims made through other communication channels (email, message or phone) are not official and hence may not be accepted or considered.

"Pickup complete" means that the carpool partners have successfully met and started their confirmed carpool as scheduled. User has to tap the Pickup complete button in the Duet mobile applications to officially register this claim.

Cancellation means that user uses the "Cancel my carpool" button in the Duet mobile applications to cancel his or her open carpool or confirmed carpool. Cancellation at or after the confirmed departure is considered a No Show by Duet.

No Show is the fact that a user in a confirmed carpool hasn't shown up at the scheduled pickup location 10 minutes after the scheduled departure time, nor has he or she cancelled the carpool before the scheduled departure time. Cancellation of a confirmed carpool at or after the scheduled departure time is considered a No Show by Duet. To claim a member is a No Show, user needs to use the "Others are No Show" button to register this claim officially.

With the Duet services, you can contact, schedule and coordinate with other Duet members to carpool, and vice versa. The Duet services allow you to schedule carpools on your own time for each commute.

You can use the "Schedule a carpool" option in the Duet applications to review, join the existing open carpools, create a new carpool, or cancel your own open carpools. It's solely upon the other members to decide whether or not they want to join your open carpool and ride with you. Duet uses a 1-confirmation process that means once another member joins your open carpool, the carpool is then automatically converted to the confirmed carpool. You will NOT be asked again for acceptance or confirmation. You agree, by using the Duet services, to adhere to Duet's Terms of Service when scheduling and using Duet carpools, specifically meeting your confirmed carpool partners at the scheduled pickup location and at the scheduled departure time, and dropping the members off at the scheduled dropoff location. If you take the Duet confirmed carpool as a passenger, you understand and agree that you will be the only passenger member to participate in the confirmed carpool. If you take the Duet confirmed carpool as a driver, you are only obligated to take your confirmed carpool partner under these Terms of Service.

You can cancel your open carpools and confirmed carpools anytime, or make claims such as complete the pickup or your carpool partner is a No Show using the Duet mobile applications. However if you do not pick up your carpool partner of a confirmed carpool at the pickup location and at the departure time as scheduled by the Duet services, you are considered as a No Show. You agree that it's your responsibility to make the appropriate claims for your confirmed carpools promptly in the Duet mobile applications. All the claims i.e., pickup complete, cancellations and No Shows, must be made through the supported features of the Duet mobile applications in order to be considered valid. The Company will close the confirmed carpool within 72 hours after the scheduled departure time based on the available information by then, and all decisions are final. You acknowledge and agree that in the case that you didn't make the appropriate claim for your confirmed carpool on time or at all, you will accept without any reservation the final status of your confirmed carpool that is assigned by the Company in its discretion. You further agree to pay any potential fees assessed or take the reimbursements adjusted according to the terms under Section 6 of this document and Duet's Cancellation policy. If you have any questions regarding the final status of your confirmed carpools, please contact us at ride@duetinc.com.


4.3 Fees, reimbursements and potential taxes

You agree to pay the suggested fees solely and directly to Duet for using the Duet services and the confirmed carpools facilitated by Duet. Fees may include reimbursements, rewards, service fees, and other applicable fees as explained below. You understand that the amounts may vary by market or over time. The fee information is always disclosed and displayed in the Duet mobile applications, and the Duet website. You are responsible for reviewing the fee information and shall be responsible for all fees incurred under your user account regardless of your awareness of such fees or the amounts thereof.

Carpool fee is the dollar amount that a passenger member pays Duet to get a carpool ride through the Duet services. Duet carpool fee is priced individually for each member, and competitively with the other comparable transportation options on the market. The carpool fee shall be communicated to you before the charge happens in the Duet mobile applications. By using the Duet services, you agree to pay the Company-specified amount (such as $10 or an amount recorded under your net cash balance in the applications) using the Company's preferred payment method when your Duet account balance is less than your estimated carpool fee. Your payment will be used to pay your carpool fees and the remaining unused amount will be added to the balance of your Duet account. The Company reserves the right to change the carpool fee at any time in the Company's sole discretion, and continued use of the Duet services after any such change shall constitute your consent to such change. Such change does not apply to the open carpools and confirmed carpools that have already been scheduled or completed. You further agree that you shall never give a Duet driver member any fees directly in exchange for a confirmed carpool that is scheduled through the Duet services. The Company will neither consider any monetary exchanges directly between you and any other Duet members into our calculations of reimbursement and fees, nor take any responsibility for such exchanges.

Reimbursements are the amount that the Company reimburses its driver members for a portion of the costs associated with driving the confirmed carpools that were completed successfully, including the costs of owning and operating their vehicle for these carpools. In some cases, reimbursement can be the credit amount that the Company pays its members to compensate the inconvenience they incurred. As a driver member, you will be shown the amount prior to confirming the carpool. The Company reserves the right to establish, remove and/or revise reimbursements for any or all aspects of the Duet services at any time in the Company's sole discretion. The Company reserves the right to adjust or withhold all or a portion of a reimbursement if (i) it believes that you have attempted to defraud or abuse the Duet services or our payment systems, (ii) in order to resolve a member complaint, or (iii) for such other reason as the Company deems appropriate. The Company will make such a decision to adjust or withhold the reimbursement in a reasonable manner. You acknowledge and agree that

  1. a. such amounts shall not include any interest;
  2. b. such amounts may be less than your actual costs or reimbursable expenses for such rides;
  3. c. you will NOT solicit any reimbursement or fees directly from any other users for the carpools; and
  4. d. you are solely responsible for reporting and paying any applicable personal taxes on the reimbursements you receive from the Company.

Your reimbursements and remaining, unused payment will be shown as a total amount on your Duet balance. The Company does not pay out the balance without a request from the account owner. As a Duet account owner, you can cash out your balance anytime, however a minimal amount of $5 and an increment of $5 will apply. In addition, the Company reserves the right to deduct from its payment to you any fees charged by the financial institute of its choice that handles the payment, and is NOT responsible for any fees charged to you by the financial institute that you choose to receive the payment.

Rewards are the monetary incentives that are the results of the Company's promotional offers and discounts which may change the fees and reimbursements for the same or similar services. The amounts of the rewards will be communicated to you directly by the Company through email, its website or the Duet mobile applications. The Company reserves the right to change or terminate the rewards anytime as it wishes. You agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of the Duet services or the reimbursements applied to you.

Service fees are the fees that the Company charges members for accessing the Duet services. The service fees can be collected on each of the confirmed rides or facilitation of the transfer of other applicable fees between members. The Company reserves the right to change the service fee at any time in the Company's sole discretion, and continued use of the Duet services after any such change shall constitute your consent to such change.

Other applicable fees are the charges that the Company may impose on members for using the Duet services according to its Fees, Reimbursement, Cancellation and No Show policies, to enforce appropriate conduct and improve carpool success.

No Refunds. All fees are non-refundable unless otherwise determined and communicated to you by the Company. This no-refund policy shall apply at all times regardless of your decision to terminate usage of the Duet services, any disruption to the Duet services, or any other reason whatsoever.

All fees and reimbursements are facilitated by the Company using its preferred third-party payment processing services. The Company may terminate or replace its third-party payment processing services without notice to you. All monetary transactions shall only be made by the Company and through the Duet services. Cash payments are strictly prohibited. You are responsible for providing a valid payment method. If your primary account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that the Company may, as the driver member's limited Reimbursement collection agent, use a secondary payment method in your account, if available, or suspend or terminate your account to block any further transactions.

Taxes. The reimbursement that you receive by being a carpool driver is NOT an earning, but a partial contribution to your own driving cost because the suggested carpool fee is only a fraction of the driving cost estimated using the IRS issued standard mileage rate, e.g., 54.5 cents for every mile for 2018. Hence there is no tax implication on the reimbursement you receive for using the Duet Carpool service.


4.4 User disputes

We are not involved in and are in no way responsible for any actual dealings between you and other members who use the Duet services. We will not be a party to disputes, nor will we negotiate disputes between members. If there is a dispute between members, or between members and any third party, you agree that the Company is under no obligation to become involved and is in no way responsible. In the event that you have a dispute with one or more other members, you release the Company, its officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or the Duet services. We encourage you to report all disputes with other members to your local law enforcement authorities.

5. DUET SHUTTLE SERVICE

5.1 Eligibility

We ask that all of our shuttle users to be at least 18 years old and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set fort in this Agreement, and You are not in current suspension from the Services.


5.2 Fees, billing, payments and refunds

You agree to pay the suggested fees solely and directly to Duet for using the Shuttle service. The fee is in US dollars, and always disclosed and displayed to you in the Duet mobile applications when you're booking the ride. You will be charged for the fees of the Shuttle service that you've taken for the previous day. You further agree to pay any potential fees assessed according to Duet's Fee, Reimbursement, Cancellation and No Show policies, http://www.duetinc.com/legal.html#cancellation.

Bulk rides can be purchased at various discounts as ride Passes in the Duet mobile applications. The Pass purchase results in corresponding credit added to the credit balance of user account, and will be used to pay for the Shuttle service use. The credit does not an expiration date. The purchased credit can be cashed out at the same discount at purchase when you request such or the Company terminates the service to you or all. Credit that is not purchased, but derived from promotion code, or other incentives, cannot be cashed out. Credit is non-transferable and does not accrue any interest.

No Refunds. All fees are non-refundable unless otherwise determined and communicated to you by the Company. This no-refund policy shall apply at all times regardless of your decision to terminate usage of the Duet services, any disruption to the Duet services, or any other reason whatsoever.


5.3 Ride rules and prohibited behaviors

You acknowledge and agree that you will come to the pickup or dropoff locations at the time that are specified in Duet mobile application. We reserve the right to decline the Services to you if you

  1. a. arrive at the pickup location more than five (5) minutes late;
  2. b. insist on being picked up at a location other than the one specified in the Duet application;
  3. c. bring a guest rider without informing us at the booking; (iv) bring an animal or animals to the ride that may make other users or our driver uncomfortable;
  4. d. bring luggage or object that do not fit into our seat space or trunk space;
  5. e. bring food or beverage with odor or risk to make other users uncomfortable or hurt other users;
  6. f. ask, request or demand to pick you up or drop you off at a location that is not part of our service areas or at a time that is not within our service window.

You acknowledge and agree that you are solely responsible for your interactions with other Duet users. Furthermore, you acknowledge and agree that you are solely responsible for your interactions with other people in public and on rides accessed through the Duet services. Both Duet and its Partner(s) hereby expressly disclaim any and all responsibility for your behavior or that of other users.

We reserve the right, but have no obligation, to monitor disputes between you and other users. Neither Duet nor its Partner shall have no liability for your interactions with other users, or for any user action or inaction, with respect to the Services. You hereby agree that if you have a dispute with any user, you release us (and our officers, directors, agents, subsidiaries, business partners, licensors, licensees, and employees) from any and all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes or your use of the Services.

You hereby agree that you will not use the Service in a manner that is prohibited by any applicable law, rule or regulation. You hereby agree to be courteous and respectful to and of other riders. You acknowledge and agree that your behavior on Duet organized transportation shall be bound by any applicable transportation provider rules ad that you will refrain from engaging in any prohibited behaviors. Examples of such prohibited behaviors are shouting, playing loud music, loud phone ringtones or loud phone calls. You hereby further agree that you shall not act in ways (i) that are defamatory, abusive, obscene, profane, offensive, threatening, harassing, sexually or racially offensive or illegal; (ii) that risk physical harm or cause emotional distress, death, disability, disfigurement to any other person, or to any animal; (iii) that may create a risk of loss or damage to any person or property; (iv) violate any applicable laws or regulations; or (v) may infringe the rights of any person or entity, including without limitation, their Intellectual Property Rights, rights of privacy, or rights of publicity. You hereby acknowledge that, if you engage in any behaviors prohibited under this section, you shall be subject, in our sole discretion, to immediate termination from the Services. You furthermore agree to execute any agreements as may be reasonably requested by any transportation provider with whom Duet has contracted to provide you ridership.


5.4 Insurance

Duet requires its fleet operating partners to carry a minimum of one million dollars ($1,000,000) in auto liability coverage. In the event that a ride that you participate in results in a claim covered by a Duet's fleet operating partner's insurance, Duet will make reasonable efforts to assist you in submitting a claim. Duet does not guarantee the results of any claim submitted.

6. THIRD PARTY MARKETING

We do not turn over your personally-identifiable information to third party marketers without your express consent. You can review our privacy policy regarding this.

7. ACCEPTABLE USE

The Company reserves the final right to judge acceptable use of the Duet services. The Company also reserves the final right to change, delete or de-activate any User's account or information as required to ensure acceptable use without any liability to any party whatsoever and without any notice. The Company may suspend or terminate your account if it suspects that you have engaged in fraudulent activity in connection with the Duet services or any activity that it believes is not compliant with Duet's Terms of Service and Privacy Policy.

You must NOT:

  1. a. mislead other members by providing inaccurate information;
  2. b. use any automated process or service (such as a bot, a spider, or metasearching) to access or use the Duet services;
  3. c. damage, disable, overburden, or impair the Duet services (or any network connected to the Duet services);
  4. d. resell or redistribute the Duet services, Duet software or any part of it;
  5. e. use any unauthorized means to modify, reroute, or gain access to the Duet services; nor
  6. f. harm or disrupt another member's computer or illegally access software or bypass security on websites, or servers, including but not limited to spamming.

You agree that you will NOT upload, post, transmit, transfer, distribute or facilitate distribution of any content (including text, images, sound, video, data, information or software) or otherwise use the Duet service in any way to:

  1. a. harass, defame, intimidate or threaten another member, person or organization;
  2. b. interfere with another member's rights to privacy;
  3. c. distribute chain letters, surveys or contests;
  4. d. post any material that is defamatory, obscene or indecent;
  5. e. post any trademarks, logos or copyrighted material without the authorization of the owner;
  6. f. post any materials that may damage the operation of a computer (such as a virus, worm or trojan horse); or
  7. g. advertise or sell any goods or services.

8. INTELLECTUAL PROPERTY

The Duet services and Duet software (mobile and web) are the property of the Company and are protected by copyright law and other intellectual property rights. The structure, organization and code of the Duet services and Duet software are proprietary to the Company. The system design, underlying logic, algorithms and methodologies, and utilities of the Duet services and mobile applications are intellectual properties of the Company, and protected by the patent rights, as applicable. Except as expressly stated herein, this Agreement does not grant you any intellectual property rights or licenses to the Duet services or Duet software; all rights not expressly granted are reserved by the Company. You or any third party must not reverse engineer, decompile, disassemble or otherwise attempt to discover the source code, underlying methods and system designs, underlying user interface techniques or algorithms of the Duet services or Duet software by any means whatsoever, directly or indirectly, and you must not disclose any of these either publicly or to a third party.

If you provide or communicate any suggestions for improvements to the Duet services, the Duet mobile or web applications (collectively, "Feedback"), you hereby irrevocably assign to the Company all rights, title and interest in and to the Feedback, without restriction or any obligation of compensation.

9. NO WARRANTY

We and our Partner(s) will use all reasonable efforts to provide the Duet services in a reliable and secure way – however, as with any other software application, events which may cause disruption to our services are always possible due to issues with our software, unforeseen events such as accidents or intentional interference. In no event will the Company and its Partner(s) be liable for any claims or damages, consequential loss, lost profits, special, indirect, incidental, or punitive damages arising out of such disruptions. THE DUET SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. USE OF THE SERVICES IS AT YOUR OWN RISK. WITHOUT LIMITING THE FOREGOING, DUET, ITS PARTNERS, ITS SUBSIDIARIES, AND ITS LICENSORS DO NOT WARRANT THAT ANY CONTENT IS ACCURATE, COMPLETE, CURRENT, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED, ERROR-FREE OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT THE CONTENT YOU PROVIDE WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGED. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS THAT RESULTS FROM YOUR USE OF THE SERVICE. WE, OUR PARTNERS AND OUR LICENSORS SHALL NOT BE RESPONSIBLE FOR ANY SERVICE INTERRUPTIONS INCLUDING, WITHOUT LIMITATION, POWER OUTAGES, SYSTEM FAILURES OR OTHER INTERRUPTIONS, INCLUDING THOSE THAT AFFECT THE RECEIPT, PROCESSING, ACCEPTANCE, COMPLETION OR SETTLEMENT OF ANY PAYMENT SERVICES. WE DISCLAIM LIABILITY FOR, AND NO WARRANTY IS MADE, WITH RESPECT TO CONNECTIVITY AND AVAILABILITY. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM DUET, ANY OF OUR PARTNERS, OR OTHERWISE THROUGH THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. The Company and its Partner's entire liability and your exclusive remedy for errors or unavailability of the Duet services will be, at the Company's discretion, to attempt to correct or work around errors, or to correct or modify documentation of the Duet services.

10. MODIFICATIONS TO SERVICES

The Company reserves the right at any time and from time to time to modify, suspend or discontinue, temporarily or permanently, all or any part of the Duet services, in its sole discretion. You agree that the Company will not be liable to you for any modification, suspension or discontinuance of the Duet services.

11. TERM AND TERMINATION

This Agreement begins on the date you complete your registration for the Duet services and accept this Agreement, and continues in effect indefinitely until terminated by either party. You may terminate this Agreement at any time, for any reason, by notifying us at ride@duetinc.com. We may terminate this Agreement or suspend your user account and/or access to the Duet services at any time, for any reason, without notice. Upon termination of this Agreement for any reason, all of your rights to access the Duet services and your user account will terminate. All provisions of this Agreement that should naturally be interpreted to survive termination will survive.

12. LIABILITY LIMIT

You agree to release the Company from all claims, demands and damages (actual, threatened; consequential, direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with any service provided by the Duet services. If you are a California resident, you waive California Civil Code 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."

13. INDEMNIFICATION

You agree to defend, indemnify and hold harmless Duet and its partners, subsidiaries, agents, licensors, licensees, managers, employees, contractors, agents, officers and directors, business partners and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Service including, but not limited to, any data or content transmitted or received by you or any behavior you engaged in while using the Service; (ii) your violation of any term of this Agreement, including without limitation Your breach of any of the representations, warranties, covenants or obligations herein; (iii) your violation of any third-party right including, without limitation, any rights of privacy, rights of publicity or Intellectual Property Rights; (iv) your violation of any law, rule or regulation of any applicable jurisdiction; (v) any claims or damages that may arise as a result of any of your user content or any information that is submitted via your account; (vi) any other party's access and use of the Services with your unique username, password or other appropriate security code; or (vii) Your negligence or willful misconduct while using the Services. We agree to promptly notify you of any claim subject to indemnification; provided that our failure to promptly notify you shall not affect your obligations hereunder except to the extent that our failure to promptly notify you delays or prejudices your ability to defend the claim. At our option, you will have the right to defend against any such claim with counsel of your own choosing (subject to our further written consent) and to settle such claim as you deem appropriate, provided that you shall not enter into any settlement without our prior written consent and provided that we may, at any time, elect to take over control of the defense and settlement of the claim.

14. GENERAL

This Agreement does not create any agency, partnership, joint venture, employment or franchise relationship. Any unenforceable portion of this Agreement shall be enforced to the maximum extent possible, and the remaining portions shall be given full effect. Our failure to act in a particular circumstance does not waive our right to act with respect to that or other circumstances. We shall be excused for any problem due to a circumstance beyond our control. You represent and warrant that you are not (i) 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, nor are you (ii) listed on any U.S. Government list of prohibited or restricted parties.

END OF DOCUMENT

DUET PRIVACY POLICY

This privacy policy (the "Privacy Policy") describes how Dashboard Story, Inc. (referred to as "we", "our", "us") collects, uses, and stores information of users ("you") of the Duet services. This Privacy Policy, together with Terms of Use ("Agreement") separately agreed to between us and you and incorporating this Privacy Policy, establishes the legal terms and conditions of the agreement between us governing the submission of the information and our use of it in performing the Duet services. All capitalized terms used in this policy and not otherwise defined here will have the meanings assigned to them in the Agreement. By submitting information, you agree to be bound by this policy and allow the information to be used in the manner specified in this policy.


1. The Information We Collect And Store

We may collect and store the following information when you use the Duet services:

INFORMATION YOU PROVIDE. When you register an account, we collect some personal information that identifies, relates to, describes, or is capable of being associated with you or your personnel ("Personal Information"), such as names, phone numbers or other billing information, email addresses and home and business postal addresses or social media handles and information with regard to the rides you arrange through the Duet services (including pickup and destination addresses). If you contact us for support, we will keep an internal record of what support was given.

UGC. We collect and store the information you upload to the Duet services ("UGC").

LOG DATA. When you use the Duet services, we automatically record information from your Device, its software, and your activity using the Duet services. This may include the Device's Internet Protocol ("IP") address, browser type, the web page visited before you came to our website, information you search for on our website, locale preferences, identification numbers associated with your Devices, your mobile carrier, date and time stamps associated with transactions, system configuration information, metadata concerning your UGC, and other interactions with the Duet services. As used in this Privacy Policy, "Device" means any computer used to access the Duet services, including a desktop, laptop, mobile phone, tablet, or other electronic device.

LOCAL STORAGE AND COLLECTION. We may collect and store information (including Personal Information) locally on your Device using mechanisms such as browser web storage (including HTML 5) and application data caches.

GEO-LOCATION INFORMATION. Our mobile applications require access real-time location-based information in order to provide the Duet services (for example, GPS or sensor data from your Device that may provide information on nearby Wi-Fi access points and cell towers). We may collect such information from your Device, including geocodes and time information. We use this geolocation information to create a detailed location history of the trips you have made while using the Duet services. If you do not wish to share files embedded with your geo-location information with us, please do not use the Duet services.

INFORMATION COLLECTED ON INSTALLATION. Please note that when you install our mobile application on your mobile Device, we will set up an account associated with that mobile Device. After installation, we will collect and use your information, including meta-data, in accordance with this Privacy Policy. This use may include linking your information with a unique identifier generated for your Device on installation. This is the case irrespective of whether or not you choose to create a username and password in the application.

INFORMATION COLLECTED THROUGH THIRD-PARTY PARTNERS. We may receive additional information about you, such as demographic data, payment information, or fraud detection information, from third party partners and combine it with other information that we have about you.

CALL AND TEXT INFORMATION. We use phone calls and text messages to communicate with you to facilitate the Duet service.

2. How We Use Personal Information

PERSONAL INFORMATION. In the course of using the Duet services, we may collect Personal Information. Personal Information is or may be used: (i) to provide and improve the Duet services, (ii) to administer your use of the Duet services, including communicating with you about the Duet services and your account, (iii) to better understand your needs and interests, (iv) to personalize and improve your experience, (v) to provide or offer software updates and product announcements, and (vi) perform functions as otherwise described to you at the time of collection. If you no longer wish to receive communications from us, please contact ride@duetinc.com.

FINANCIAL INFORMATION. We may use financial information or payment method information to process payment for the products you order, enroll you in the discount, rebate, and other programs in which you elect to participate, to protect against or identify possible fraudulent transactions, and otherwise as needed to manage our business.

ANALYTICS. We may use all of the information we collect, in general for the above purposes and to monitor and analyze use of the Duet services, for the Duet services' technical administration, to increase the Duet services' functionality and user-friendliness, and to verify users have the authorization needed for the Duet services to process their requests.

SERVER LOCATION. We may process your Personal Information on a server located outside the country where you live.

3. Information Sharing and Disclosure

SERVICES PROVIDERS, BUSINESS PARTNERS AND OTHERS.

General. We may share information, including Personal Information, with third parties that perform certain services on our behalf. These services may include fulfilling orders, providing customer service and marketing assistance, performing business and sales analysis, ad tracking and analytics, supporting the Duet services' functionality and other features offered through the Duet services. We may also share your name, contact information and credit card information with our service providers who process credit card payments. Except as expressly set forth below, these service providers may have access to Personal Information needed to perform their functions but are not permitted to share or use such information for any other purposes and are required to use the information in conformance with this Privacy Policy.

Minyvan. We have an agreement with Minyvan USA, Inc. ("Minyvan"), pursuant to which Minyvan provides shuttle services booked by our users through the Duet services. If you use the Duet services to book Minyvan shuttle services, we will share the following user information: (a) name, (b) telephone number, (c) e-mail, (d) locations (geocodes and address) registered under your user profile, and (e) transaction history of orders of Minyvan shuttle services through the Duet services. Minyvan may use the foregoing information on its own behalf in any way we would be permitted to use that information under this Privacy Policy.

Information Provided to Other Users. If you use the Duet services to search for, offer or accept carpool rides, your approximate location and other information you may choose to contribute (including your username and pickup and drop-off addresses) will be visible to other users who are searching for, offering or accepting carpool rides. The content that you share to all users is neither private nor confidential and you should not have any expectation of privacy with respect to it. We have no control over the conduct of any user and disclaim all liability in this regard. Users are advised to carefully and thoroughly consider whether or not to make public or available any information and carefully examine all necessary details related to any communication with other users prior to any engagement or communication being made.

THIRD-PARTY APPLICATIONS. We may share your information with a third party application with your consent, for example when you choose to access the Duet services through such an application. We are not responsible for what those parties do with your information, so you should make sure you trust the application and that it has a privacy policy acceptable to you.

INTEGRATION WITH SOCIAL NETWORKS.

You may choose to share information between your account with us and your social network account (such as Facebook). Through this option, you may choose to have Personal Information and other content about you available from social networks, transmitted and shared through the Duet services. Similarly, you may choose to have Personal Information and other content about you available from the Duet services, including your location and route information, transmitted to and shared through your social network account.

By setting your account to integrate with social networks including by signing onto the Duet services by using your social network account (such as your Facebook account and your Google account), you agree to share information (including Personal Information) between us and those social networks, for the purposes provided under this Privacy Policy.

The social network's use of information made available by us is governed by that social network's privacy policy and controlled by the social network, not by this Privacy Policy or us.

When you connect to the social network account through the Duet services for the first time or otherwise make the Duet services interact with your social network account, you will be asked to permit the social network to share your Personal Information stored on such social network with the Duet services. We collect your information from your social network account only in accordance with the permissions granted by you.

Accordingly we only collect such information which you allowed the social network(s) to share with third parties (such as your name, email address, profile picture, other information available via the applicable social network). You understand and agree that the Duet services may access, make available and store (if applicable and as permitted by the third party social network) such information so that it is available on and through your account, until your account is deleted.

Please note that certain information which you have defined as private on your third party social network accounts may become public to other users of the Duet services through the Duet services once you have allowed the social network to share such information with us.

COMPLIANCE WITH LAWS AND LAW ENFORCEMENT REQUESTS; PROTECTION OF OUR RIGHTS. We may disclose to third parties UGC you upload to your account and information about you that we collect when we have a good faith belief that disclosure is reasonably necessary to (i) comply with a law, regulation or compulsory legal request; (b) protect the safety of any person from death or serious bodily injury; (c) prevent fraud or abuse of us or our users; (d) to protect our property rights; or (e) enforce the Agreement and Policies, including investigation of potential violations. If we provide your UGC to a law enforcement agency as set forth above, we will remove encryption, if any, before providing it to law enforcement.

BUSINESS TRANSFERS. If we are involved in a merger, acquisition, or sale of all or a portion of our assets, your information may be transferred as part of that transaction, but we will notify you (for example, via email and/or a prominent notice on our website) of any change in control or use of your Personal Information or UGC, or if either become subject to a different privacy policy. We will also notify you of choices you may have regarding the information.

NON-PRIVATE OR NON-PERSONAL INFORMATION. We may share aggregated, non-personally identifiable information publicly. For example, we may share information publicly to show trends about the general use of the Duet services with the press, in our marketing materials or with our business partners. We may collate or connect non-personally identifiable information with your Personal Information, in which case the resulting personally identifiable information will be treated as Personal Information.

4. Changing or Deleting Your Information

We aim to provide you with access to your Personal Information and the option to leave the Duet service as you wish. You should direct any request to ride@duetinc.com. We will use commercially reasonable efforts to respond to requests within 30 days. If any Personal Information is wrong, we strive to give you ways to update it quickly or to delete it – unless we have to keep that information for legitimate business or legal purposes. When updating your Personal Information, we may ask you to verify your identity before we can act on your request.

We may reject requests that are unreasonably repetitive, require disproportionate technical effort (for example, developing a new system or fundamentally changing an existing practice), risk the privacy of others, or would be extremely impractical (for instance, requests concerning information residing on backup systems).

Where we can provide information access and correction, we will do so for free, except where it would require a disproportionate effort. We aim to maintain the Duet services in a manner that protects information from accidental or malicious destruction. Because of this, after your request of deleting your account, we will close your account immediately, however we may not immediately delete residual copies from our active servers and may not remove information from our backup systems.

5. Data Retention

We will retain your information for as long as your account is active or as needed to provide you the Duet services. We may retain and use your information as necessary to comply with our legal obligations, meet regulatory requirements, resolve disputes, prevent fraud and abuse or enforce our agreements. Consistent with these requirements, we will use commercially reasonable efforts to delete your information quickly upon request. Please note, however, that there might be latency in deleting information from our servers and backed-up versions might exist after deletion. In addition, we do not delete from our servers files that you have in common with other users.

6. Third-Party Sites

Our website and mobile application may include links to other websites whose privacy practices may differ from ours. If you submit information to any of those websites, your information is governed by their privacy statements. We encourage you to carefully read the privacy statement of any website you visit.

7. Security

The security of your information is important to us. When you enter sensitive information (such as a password) on our order forms, we encrypt the transmission of that information using transport layer security (TLS).

The information we collect is securely stored within our database that is serviced by our preferred vendor such as Amazon Web Services ("AWS"). You can review AWS' security policy at aws.amazon.com/security.

We follow generally accepted standards to protect the information submitted to us, both during transmission and once we receive it. No method of electronic transmission or storage is 100% secure, however. Therefore, we make no guarantees of security.

8. Our Policy Toward Children

The Duet services are not directed or available to persons under 22. We do not knowingly collect Personal Information from persons under 22. If a parent or guardian becomes aware that his or her child has established an account in violation of our policies and has provided us with Personal Information without their consent, he or she should contact us at ride@duetinc.com. If we become aware that a person under 22 has established an account and/or provided us with Personal Information, we will close that account and take steps to delete that information from our files.

9. California Civil Code Section 1798.83

California Civil Code Section 1798.83, known as the "Shine The Light" law, permits our customers who are California residents to request and obtain from us a list of what personal information (if any) we disclosed to third parties for direct marketing purposes in the preceding calendar year and the names and addresses of those third parties. Requests may be made only once a year and are free of charge. Under Section 1798.83, we currently do not share any personal information with third parties for their direct marketing purposes except as set forth above with respect to Minyvan.

10. Contacting Us

If you have any questions about this Privacy Policy, please contact us at ride@duetinc.com or at 2 North 1st Street 5th Fl, San Jose, CA 95113.

11. Changes to our Privacy Policy

This Privacy Policy may change from time to time. We will not reduce your rights under this Privacy Policy without your explicit consent. We will post any Privacy Policy changes on this page and, if the changes are significant, we may provide a more prominent notice (including, for certain services, email notification of Privacy Policy changes). We may make changes without notifying you, however. By continuing to use the Duet services after those changes become effective, you agree to be bound by the revised Privacy Policy, whether or not we provide you with notice of the changes. So you should visit this policy periodically to familiarize yourself its current terms.

END OF DOCUMENT

DUET FEES, REIMBURSEMENTS, CANCELLATION AND NO SHOW POLICIES

Duet Fees, Reimbursements, Cancellation and No Show Policies (the "Policies") specify the conditions and associated fees and reimbursement of the carpools scheduled by using the Duet applications and services. These Policies do NOT replace Duet Terms of Service. Instead, they support and supplement the Duet Terms of Service. If you have any question regarding your fees, reimbursement, cancellation or no show status, please email us at ride@duetinc.com.


IMPORTANT NOTICE: The policies here are only applicable to the versions of the Duet mobile applications that are released on and after May 1, 2016. Please update your version of the mobile application in order to continue receiving the Duet services.


DEFINITIONS:

The same definitions can be found in our Terms of Service.

Open carpool means a carpool request that is created by one user, but is still missing a driver or a passenger.

Confirmed carpool means a carpool has at least two users with one of them offering to drive his or her personal vehicle for the carpool.

ETA means the Estimated Time of Arrival or the estimated time that the confirmed carpool is supposed to arrive at the scheduled dropoff location.

1. CARPOOL FEE AND REIMBURSEMENT

Duet charges a passenger member a carpool fee after he or she completes a confirmed carpool, and reimburses a driver member after he or she gives a passenger member a confirmed carpool ride. These carpool fees and reimbursements are determined individually based on a member's commute. You can find your estimated fee and reimbursement in your Duet mobile application, Menu > View Profile > Fee and Reimbursement. You are also shown your actual fee or reimbursement again at the time when you're confirming a carpool.

Your fee and reimbursement may vary from time to time, however once a carpool is confirmed, its fee or reimbursement is final.

Your reimbursements will be shown, together with your remaining, unused payment, as a total amount in your Duet balance. The Company does not pay out the balance without a request from the account owner. Please review the cashing out information in Section 4.

2. CANCELLATION, ITS FEES & CREDITS

Carpooling is truly a team play! Partners are relying on each other for success. We would like to ask all our members to avoid cancelling if you can. We also implement some policies to manage the situation for all the parties when surprises strike.

IMPORTANT: ONLY the cancellations registered using the cancel buttons or features in the Duet mobile applications are considered official and used in the determination of the final status of a confirmed carpool. Cancellations done using other communication methods are not official and will not be considered in our determination of the final status of a confirmed carpool.

You can cancel your open carpools anytime free of charge.

If you need to cancel your confirmed carpool, you may be charged a fee depending on when you use the "Cancel my carpool" button in the Duet mobile application. Regardless of whether you are a driver member or a passenger member, if you cancel a confirmed carpool one (1) hour before the scheduled departure time, a $1 early cancellation fee will be charged to your account and no Duet point is issued to either party; if you cancel a confirmed carpool within the 1-hour window before the scheduled departure time, you will be charged 50% of the carpool fee of the cancelled confirmed carpool and no Duet point is issued to you; if you cancel a confirmed carpool at or after 10 minutes prior to the scheduled departure time, you will be considered as a No Show, and charged the entire amount (100%) of the carpool fee and no Duet point is issued to you. If you cancel more than three (3) confirmed carpools in a month, you will be blocked and won't schedule a ride for the next month and all your existing point balances will be reduced to zero. If you are blocked twice (2x), your account will be permanently blocked.

If your carpool partner cancels on you one (1) hour before the scheduled departure time, you will be reimbursed $1 less the Duet service fee. If your carpool partner cancels on you within the 1-hour window before the scheduled departure time, you will receive a Duet credit worth 50% of the carpool fee less the Duet service fee. If your carpool partner cancels on you at or after 10 minutes prior to the scheduled departure time or is in essence a No Show, you will receive a Duet credit worth 100% of the carpool fee less the Duet service fee.

3. NO SHOW, ITS FEES & CREDITS

Needless to say the behavior of No Show is extremely disappointing and rude too! At Duet, we are striving to build a trusted and caring community for our members. Therefore we implement some policies to handle the No Show situation and to prevent it from happening again or at all.

First of all, if you can't find your confirmed carpool partner at the scheduled pickup location and departure time, please send this member text messages in the app to inquire about his or her status. If you wait at the pickup location until 10 minutes after the scheduled departure time and still can't see or get a text message response from your carpool partner, you can make a No Show claim on this member in the app:

  1. tap the corresponding confirmed ride icon
  2. tap the "…" on the upper right corner
  3. tap the "Others are No Show".

Duet will finalize the status of a confirmed carpool within 48 hours after its scheduled departure time. If your carpool partner is deemed by Duet as a No Show to you, then you will receive a Duet credit that is worth 100% of the carpool fee less the Duet service fee.

If you are a No Show for your carpool, you will be charged the entire amount (100%) of the carpool fee regardless of whether you're the driver member or the passenger member. If you are a No Show more than three (3) times in a month, you will be blocked and won't schedule a ride for the next month and all your existing point balances will be reduced to zero. If you are blocked twice (2x), your account will be permanently blocked.

4. CASH OUT YOUR BALANCE

As a Duet account owner, you can cash out your cash balance anytime. However a minimal amount of $5 and an increment of $5 will apply. Please note, only the cash received through the carpool transactions can be taken out. The credit received through promotion codes, etc. are not eligible for cash out. You will use the cash out feature in the Duet mobile applications to withdraw your balance. In addition, the Company reserves the right to deduct from its payment to you any fees charged by the financial institute of its choice that handles the payment, and is NOT responsible for any fees charged to you by the financial institute that you choose to receive the payment.

5. REDEEM YOUR POINTS

As a Duet account owner, you can redeem your point balance anytime. However a minimum and an increment may apply at Duet's discretion. The Company reserves its right to set these parameters as it sees appropriate. In addition, the Company reserves the right to change its point redemption policies anytime with or without notification. However, the new point redemption policies will be applied for the points earned on or after the date of policy change. The previous points can be still redeemed at the policies of their award time.