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") to help commuters carpool on their own schedule. 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: Starting on May 1, 2016, we only support the versions of Duet mobile applications that are released on and after May 1, 2016. All versions of the Duet mobile applications that were released before May 1, 2016 are phased out and hence not supported anymore. Please update your copy of the application immediately to continue using the Duet services.


1. THE SCOPE OF DUET SERVICES

The Duet services enable 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 Duet services are delivered through web and mobile applications that are developed and distributed by the Company. The Duet services are not transportation services. The Company does not and does not intend to provide transportation services or act in any way as a transportation carrier, and has no responsibility or liability for any transportation services provided to you by other users or third parties. It is up to Duet members to decide with whom, how and when they want to carpool or share their commute rides. The Company offers information and a method to connect users, and suggests and facilitates the expense sharing between the carpool users. 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. 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. 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.

5. CARPOOL ARRANGEMENT

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.

6. 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 $20 or otherwise specified 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. such amounts shall not include any interest;
  2. such amounts may be less than your actual costs or reimbursable expenses for such rides;
  3. you will NOT solicit any reimbursement or fees directly from any other users for the carpools; and
  4. 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.

7. 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.

8. 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.

8. 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.

9. 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. mislead other members by providing inaccurate information;
  2. use any automated process or service (such as a bot, a spider, or metasearching) to access or use the Duet services;
  3. damage, disable, overburden, or impair the Duet services (or any network connected to the Duet services);
  4. resell or redistribute the Duet services, Duet software or any part of it;
  5. use any unauthorized means to modify, reroute, or gain access to the Duet services; nor
  6. 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. harass, defame, intimidate or threaten another member, person or organization;
  2. interfere with another member's rights to privacy;
  3. distribute chain letters, surveys or contests;
  4. post any material that is defamatory, obscene or indecent;
  5. post any trademarks, logos or copyrighted material without the authorization of the owner;
  6. post any materials that may damage the operation of a computer (such as a virus, worm or trojan horse); or
  7. advertise or sell any goods or services.

10. 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.

11. NO WARRANTY

We 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 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" BASIS "WITH ALL FAULTS" AND WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY. TO THE FULL EXTENT PERMITTED BY LAW, THE COMPANY AND ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE DUET SERVICES DISCLAIM ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, WORKMANLIKE EFFORT, LACK OF NEGLIGENCE, QUIET ENJOYMENT, AND NON-INFRINGEMENT. THE COMPANY DOES NOT WARRANT THAT THE OPERATION OF THE DUET SERVICES WILL BE UNINTERRUPTED OR ERROR FREE. The Company'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.

12. 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.

13. 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.

14. 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."

15. INDEMNIFICATION

You agree to indemnify and hold the Company harmless from any loss, liability, claim or demand, including reasonable attorney fees and expenses, made by any third party due to or arising out of your use of the Duet services.

16. 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

Welcome to Duet, the online and mobile services provided by Dashboard Story, Inc. (the "Company", "Duet", "we", "us" or "our"). As our users ("you" or "your"), your privacy matters to us. We invite you to review our privacy policy. This privacy policy applies to your activities and data gathered through Duet services including both our online website and mobile applications. By signing up for Duet services or by otherwise giving us your information, you are accepting the terms of this privacy policy. Please review this privacy policy periodically as we may revise it without notice.


1. What information do we collect from you?

In order for us to provide you with the services that may be of interest to you, we may ask you for certain categories of information about you (collectively, "Personal Information"), such as your first name, last name, gender, age/birth date, email address, mobile number, profile picture, vehicle picture, addresses or location information related to your commute, your commute schedule and preferences, as well as the dates and times that you would like to carpool with another user. The information that you submit or that we collect, that is not Personal Information, may include, but is not limited to, current location and time information, our own user-generated content such as ratings and reviews, browsing/searching/registration history information, your friend or contact list if you choose to connect your social network account, such as Facebook, with your Duet account, as well as the information that you provide to us in our website, Apple App Store, our Facebook page, Twitter account, or our user surveys that are sent out periodically. We host user communication in the in-app chat feature of our mobile applications on our server.

Please be aware that we require that all users of Duet be at least 22 years old.

2. How do we use the information collected?

We use the information collected to serve you in four primary ways – to help you find other users who are geographically close to you, to match commute schedules, to contact the users that you would like to carpool with, and to communicate with other users to arrange a carpool.

We use your Personal Information that you submitted when signing up for an account to send you an activation code or link through text message for you to activate your account, as well as a welcome email for you to verify your account. We will communicate with you by email, phone, or text message to address your questions, provide our support to you, and keep you updated regarding our services.

We use the addresses or location information and commute schedules that you and other users submitted to construct a user community for each user. In addition, we will disclose certain parts of your Personal Information to other users in your community to help users arrange carpools among themselves. The information that we disclose is your first name, the first initial of your last name, your profile photo and vehicle photo, your commute locations and schedules as well as the verifications you provide to us. When you either offer a ride to or request a ride from another user in Duet applications, we will send an email message and an in-app chat message in our mobile application on behalf of you to this user. The email will include basic information about you and your commute to help the recipient user evaluate whether he or she can carpool with you, and to allow the recipient user to respond to you with his or her decision. Your information in this email includes your first name, the first initial of your last name, profile photo, verification status, and the names of the cities of your two commute locations, your commute schedule and your suggested carpool date. The in-app chat message will include the carpool date that you select. By using the option of offering or requesting a ride in the Duet applications, you have given us your consent to share the aforementioned information of yours with the Duet user whom you select to carpool with.

We may review, scan, or analyze your communications with other users exchanged via our mobile applications for fraud prevention, risk assessment, regulatory compliance, investigation, product development, research and customer support purposes.

We will not review, scan, or analyze your communications for sending third-party marketing messages to you. We will also not sell these reviews or analyses of communications to third parties. We will also use automated methods to carry out these reviews or analyses where reasonably possible. However, from time to time we may have to manually review some communications. By using our mobile applications, you consent that the Company, in its sole discretion, may review, scan, analyze, and store your communications, whether done manually or through automated means.

We use your demographic information such as gender and age for our own analytics.

We use your browsing, searching and registration history information for our own analytical purposes to help us better understand our users and improve our services.

We use third parties to perform certain tasks on our behalf and need to share your information with them in order to provide products or services to you; for example, we may use a payment processing company to receive and process your credit card transactions for us such as Stripe, Inc. Unless we tell you differently or it is stated otherwise in a third party privacy policy, these parties do not have any right to use the Personal Information we share with them beyond what is necessary to assist us. As for other third parties, we do not share your information with them without your consent. However we reserve our right to share the aggregated user information, with identifiable user personal information redacted, with the third parties that we deem both appropriate and necessary for receiving these aggregated data.

3. How do you edit your information?

You're responsible for maintaining the accuracy of the information that you submit to us, such as your contact information, photos, commute locations and schedules provided as part of account sign-up. We provide you with the ability to access your account and edit your information anytime in your account if your information changes.

4. Opt-Out and Cancellation of Account

We provide you with the opportunity to opt out of receiving communications from us. We also provide you with the option of canceling your account with us if you no longer desire to use our services. If you decide to cancel your account, please contact us through ride@duetinc.com.

5. Information Retention

We will retain the information that you submitted to us and that we collected from you for as long as your Duet account is active and as needed to provide you with services. Even after you account is cancelled, we will retain your information (including both personal and usage information) as needed to comply with our legal and regulatory obligations, to investigate or prevent fraud and other inappropriate activities, to enforce our agreements, and for other business reasons. After a period of time, your data may be anonymized and aggregated, and then may be held by us as long as we deem necessary for us to provide our services effectively, but our use of the anonymized data will be solely for analytical purposes.

6. Social Media

Our online and mobile services may include social media features, such as sharing via Facebook, Twitter and email. Social media features and widgets are either hosted by a third party or hosted directly on our online services. Your interactions with these features and widgets are governed by the privacy policy of the company providing them..

7. Data Security

The information we collect is securely stored within our database that is serviced by our preferred vendor such as Parse. You can review Parse's security policy at www.parse.com/about/security. However, as effective as the security technology and approaches are, no security system is impenetrable. We recommend that you do not disclose your password to anyone.

8. Contacting Duet

If you have any questions about this privacy statement, the practices of the Company, or your dealings with the Company, you may contact us at ride@duetinc.com.

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.

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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.