Wayvers App: Terms and Conditions for Riders
Effective Date: July 01, 2025
Welcome to Wayvers! These Terms and Conditions ("Terms") govern your access to and use of the Wayvers mobile application and associated services (collectively, the "Services") as a Rider. By downloading, installing, accessing, or using the Wayvers App, you agree to be bound by these Terms, which constitute a legally binding agreement between you and Wayvers, Inc. ("Wayvers," "we," "us," or "our").
Please read these Terms carefully. If you do not agree to these Terms, you may not access or use the Services.
1. The Wayvers Platform
Wayvers provides a technology platform that connects users seeking transportation services ("Riders") with independent third-party transportation providers ("Drivers"). Wayvers does not provide transportation services itself and is not a transportation carrier. Our Services enable you, as a Rider, to arrange and schedule transportation with Drivers directly.
2. Eligibility and Account Registration
2.1. Eligibility: To use the Wayvers Services, you must be at least 18 years old or the age of legal majority in your jurisdiction (whichever is higher) and capable of entering into binding contracts. By using the Services, you represent and warrant that you meet these eligibility requirements.
2.2. Account Creation: To access most features of the Services, you must register for and maintain an active personal user account ("Account"). You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete at all times.
2.3. Account Security: You are solely responsible for maintaining the confidentiality of your Account login credentials and for all activities that occur under your Account. You agree not to share your login credentials or allow any other person to use your Account. If you suspect any unauthorized use of your Account, you must notify Wayvers immediately. Wayvers is not liable for any loss or damage arising from your failure to maintain the security of your Account.
3. Using Wayvers as a Rider
3.1. License: Subject to your compliance with these Terms, Wayvers grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to: * Access and use the App on your personal device solely to request and receive transportation services. * Access and use any content, information, and related materials that may be made available through the Services for your personal, non-commercial use.
3.2. Restrictions: As a Rider, you may not: * Remove any copyright, trademark, or other proprietary notices from any portion of the Services. * Reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast, or otherwise exploit the Services except as expressly permitted by Wayvers. * Decompile, reverse engineer, or disassemble the App. * Cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services. * Attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.
3.3. Rider Conduct and Obligations: * Respectful Behavior: You agree to treat Drivers with respect and ensure the safety and cleanliness of the vehicle. * Compliance: You must abide by all applicable laws during your ride. You are responsible for ensuring that any accompanying passengers also comply with these Terms. * Prohibited Activities: You agree not to use the Services for any unlawful, fraudulent, or prohibited purpose, including but not limited to: * Impersonating any person or entity. * Harassing, threatening, or otherwise violating the legal rights of Drivers or other individuals. * Engaging in any activity that interferes with or disrupts the integrity or performance of the Services. * Carrying any weapons or illegal substances during a ride. * Causing damage to the Driver's vehicle. You will be responsible for the cost of repair for damage to, or necessary cleaning of, Driver vehicles and property resulting from your use of the Services in excess of normal wear and tear.
4. Charges, Payments, and Cancellations
4.1. Charges: You understand that using the Services will result in charges for the transportation services you receive ("Charges"). Wayvers will facilitate your payment of the applicable Charges on behalf of the Driver as their limited payment collection agent. Charges will be inclusive of applicable taxes where required by law.
4.2. Pricing: Wayvers reserves the right to determine and modify pricing by posting applicable pricing terms in the App or quoting you a price for a specific ride at the time you make a request. Pricing may vary based on factors such as trip distance, duration, time of day, demand (surge pricing), and the type of service requested.
4.3. Payment: All Charges are facilitated through a third-party payment processor. Wayvers may replace its third-party payment processor without notice to you. You authorize Wayvers to charge your selected payment method for all incurred Charges. If your primary payment method expires, is invalid, or if Charges cannot be processed for any reason, you agree that Wayvers may charge any other available payment method on file in your Account.
4.4. No Refunds: All Charges are non-refundable, except to the extent required by applicable law or as expressly provided in these Terms or Wayvers' refund policy. This no-refund policy applies regardless of your decision to terminate usage of the Wayvers Platform, any disruption to the Services, or any other reason whatsoever.
4.5. Cancellation Fees: If you cancel a ride request after a certain time period (as specified in the App, typically a few minutes after a Driver accepts your request), you may be charged a cancellation fee. Wayvers may also charge you the full cost of the ride if you fail to show up for a scheduled pickup.
4.6. Tolls and Other Fees: In some instances, tolls, airport fees, or other charges may apply to your ride. These will be added to your total Charge.
4.7. Promotions and Coupons: Wayvers may offer promotions, credits, discounts, or other coupons that you can apply toward payment of certain Charges. Coupons are valid only for use on the Wayvers Platform and are not transferable or redeemable for cash unless required by law. Additional restrictions may apply as communicated to you with the promotion.
5. Ratings and Feedback
After each trip is completed, you will have an opportunity to review and rate your Driver. Your review and rating must be accurate, respectful, and may not contain any discriminatory, offensive, defamatory, or otherwise inappropriate language. Wayvers reserves the right to remove any ratings or comments that violate these Terms or our community guidelines.
6. Disclaimers and Limitation of Liability
6.1. Disclaimer of Warranties: THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." WAYVERS DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WAYVERS DOES NOT GUARANTEE THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE TRANSPORTATION SERVICES OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY TRANSPORTATION SERVICE REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
6.2. Limitation of Liability: WAYVERS SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, EVEN IF WAYVERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WAYVERS SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY, OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD-PARTY DRIVER, EVEN IF WAYVERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL WAYVERS' TOTAL LIABILITY TO YOU IN CONNECTION WITH THE SERVICES FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED FIVE HUNDRED U.S. DOLLARS (US$500).
6.3. Independent Contractors: You acknowledge that Drivers are independent third-party contractors and not employees, agents, or partners of Wayvers. Wayvers is not responsible for the acts or omissions of Drivers or any other third parties.
7. Indemnification
You agree to indemnify and hold Wayvers and its affiliates and their officers, directors, employees, and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys' fees) arising out of or in connection with: (i) your use of the Services or transportation services obtained through your use of the Services; (ii) your breach or violation of any of these Terms; or (iii) your violation of the rights of any third party, including Drivers.
8. Dispute Resolution and Arbitration
8.1. Governing Law: These Terms are governed by and construed in accordance with the laws of the State of Michigan, without regard to its conflict of law principles.
8.2. Arbitration Agreement: You and Wayvers agree that any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof or the use of the Services (collectively, "Disputes") will be settled by binding arbitration, except that each party retains the right to bring an individual action in small claims court.
8.3. Arbitration Rules: The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the "AAA Rules") then in effect, except as modified by this "Dispute Resolution" section.
8.4. Waiver of Class Action: YOU ACKNOWLEDGE AND AGREE THAT YOU AND WAYVERS ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. FURTHER, UNLESS BOTH YOU AND WAYVERS OTHERWISE AGREE IN WRITING, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF ANY CLASS OR REPRESENTATIVE PROCEEDING.
8.5. Opt-Out Right: You have the right to opt-out and not be bound by the arbitration and class action waiver provisions of this Section by sending written notice of your decision to opt-out to Wayvers at legal@wayvers.com or by mail to Wayvers, Inc., [Your Wayvers Street Address], Dearborn, Michigan, USA within 30 days of first accepting these Terms. The notice must include your name, address, Wayvers username, and a clear statement that you want to opt-out of this arbitration agreement.
9. Intellectual Property
The Services and all rights therein are and shall remain Wayvers' property or the property of Wayvers' licensors. Neither these Terms nor your use of the Services convey or grant to you any rights: (i) in or related to the Services except for the limited license granted above; or (ii) to use or reference in any manner Wayvers' company names, logos, product and service names, trademarks, or service marks or those of Wayvers' licensors.
10. Privacy
Your privacy is important to Wayvers. Our collection and use of personal information in connection with the Services is described in Wayvers' Privacy Policy, available at [Link to Wayvers Privacy Policy]. By using the Services, you acknowledge that you have reviewed and agree to the terms of our Privacy Policy.
11. Termination
Wayvers may terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason or no reason, without prior notice. Upon termination, your right to use the Services will immediately cease.
12. Changes to Terms
Wayvers reserves the right to modify these Terms at any time. If we make material changes to these Terms, we will notify you by posting the revised Terms on the App, sending you an email notification, or through other reasonable means. Your continued use of the Services after such notification constitutes your acceptance of the revised Terms.
13. Miscellaneous
13.1. Severability: If any provision of these Terms is held to be invalid or unenforceable, such provisions shall be struck and the remaining provisions shall be enforced to the fullest extent under law.
13.2. Entire Agreement: These Terms, together with the Privacy Policy and any supplemental terms, constitute the entire agreement between you and Wayvers regarding the use of the Services.
13.3. Assignment: You may not assign or transfer these Terms in whole or in part without Wayvers' prior written approval. Wayvers may assign or transfer these Terms in whole or in part, including to a subsidiary or affiliate, an acquirer of Wayvers' equity, business, or assets, or a successor by merger.
13.4. No Waiver: Wayvers' failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Wayvers in writing.