Terms and Conditions

Driver, Inc. Terms and Conditions

TERMS AND CONDITIONS

The following terms and conditions (collectively “Terms”) hereby govern your use of the products and services (collectively “Services”) provided to you by Driver, Inc. (“Company”, “us”, “our”) Such Services include, but are not limited to, use of Driver, Inc.’s App, motor vehicles, e-commerce shops, or by creating a user account.

Through the use of our Products and Services, you hereby agree to be bound by these Terms and any future amendments to these Terms. Any amendments to the Terms will be posted on the company website, or App, or otherwise made available to you. While we will make good faith efforts to provide you advance notice of any important revisions, it is recommended that you regularly review these Terms as your continued use of our Services following any amendments to the Terms constitutes your agreement to those changes.

You are further agreeing that you are at least 21 years of age, have a valid California or out-of-state driver’s license, and have proof of valid vehicle insurance for which you are a named insured driver, whether it be on behalf of yourself as an individual, on behalf of any passengers, guests, agents, employees, or other associated persons or entities.

You are further agreeing that all passengers are at least 18 years of age. In the event that a passenger is a minor, you (the Driver) or another passenger are the legal guardian of the minor or have received written permission from the minor’s legal guardian to operate the LSV with the minor on board and have the express right to bind the minor to all the Terms herein.

These Terms also expressly supersede any prior agreements or arrangements we may have with you. You may stop using our Services at any time, and we reserve the right to terminate these Terms or your use of any Services, or generally cease offering or deny access to any portion of the Services, at any time and for any reason in our sole discretion.

(a) Terms and Conditions Specific to the City of Long Beach, California

Certain cities may have specific terms and conditions related to the use of our products and services.

The use of low-speed vehicles (“LSV”), or “Neighborhood Electric Vehicles” (“NEV”) in the City of Long Beach, County of Los Angeles, State of California (“Long Beach” or “City of LB”) identifies NEVs as battery-operated electric vehicles with a speed range of 25-35 mph. The City of LB restricts the use of NEVs / LSVs on streets and roads with speed limits exceeding 35 mph. By agreeing to our Terms, you further agree to abide by all local, state, and/or federal laws in the use of our products, including, but not limited to (i) having a valid driver’s license and (ii) refraining from operating the vehicle on streets with a speed limit in excess of 35 mph. The following link provides a list of streets in Long Beach that you are prohibited from operating our products on. The information on the following link is not compiled or provided by Driver, Inc. and Driver, Inc. makes no representations as to its accuracy.

https://www.longbeach.gov/pw/resources/neighborhood-electric-vehicle/

II. ASSUMPTION OF RISK & WAIVER & RELEASE OF LIABILITY (CLAIMS)

Carefully read the following section as it pertains to a waiver of your legal rights and a release of liability against Driver, Inc., and the “Released Parties.” Released Parties include, but are not limited to (i) our affiliates, subsidiaries, owners, managers, officers, employees, agents, representatives, directors, successors, assignees, vendors, third-party contractors, subcontractors, distributors, consultants, owners, and lessees of real property, and third parties with whom Driver, Inc. may have or currently be associated with in relation to the Services herein, (ii) municipalities and public entities which may have authorized us in the use of our Services.

(a) Assumption of Risk

By agreeing to use our Services and/or Products, you and/or the persons or entities on behalf of whom you have entered into the Terms of this Agreement, or their legal guardian (if s/he is registered and consented to your use of our Service and/or products if a minor) agree to the following:

(i) You acknowledge that there are risks associated with the use of our Services and/or Products, which are inherent, or which may be a result
of the product becoming damaged or in disrepair from ordinary use by other users. By using our Services and/or products, you hereby
acknowledge that such use may result in injury to you and/or persons or entities on behalf of whom you have entered into the Terms of this
Agreement, including but not limited to: BODILY INJURY, DISEASE, STRAINS, FRACTURES, PARTIAL OR TOTAL PARALYSIS, OTHER
AILMENTS THAT COULD CAUSE SERIOUS DISABILITY, MENTAL OR PHYSICAL ANGUISH, OR DEATH; these risks and dangers may
be caused by the negligence or omission of Driver Inc., the negligence of others, including other pedestrians or motorists, or may arise
from the repair, maintenance, or operation of the Products, weather conditions at the time of use, roadway conditions, or other causes,
including from any other additional foreseeable or unforeseeable causes. By using our Services, you, on behalf of yourself and your
passengers, personal representatives, and heirs, hereby EXPRESSLY AGREE TO ASSUME ALL RISKS AND ACCEPT ALL
RESPONSIBILITY FOR ANY ACCIDENT, PERSONAL INJURY, PROPERTY DAMAGE, DEATH, OR DISABILITY THAT YOU MAY SUFFER
AS A RESULT OF USING THE SERVICES and/or PRODUCTS for any such injuries, losses, and/or damages, including those caused solely or
in part by the negligence or omission of Driver, Inc. and the Released Parties.

(ii) You further acknowledge that the use of our Services and/or Products is intended only for recreational purposes and is not intended
as a reliable source of transportation to be used as a mode of transportation to or from places of employment, school, or other daily activities
for which a standard vehicle is more appropriate. By using our Services and/or products, you hereby acknowledge that such use may result
in missed appointments, delays, or otherwise for you and/or persons and/or entities on behalf of whom you have entered into the Terms of
this Agreement.

(iii) You further acknowledge that certain risks associated to your and your passengers’ personal property with the use of our Services and/
or Products, which are inherent, or which may be a result of the product becoming damaged or in disrepair from ordinary use by other users.
By using our Services and/or products, you hereby acknowledge that such use may result in the destruction or damage of your personal property
and/or entities on behalf of whom you have entered into the Terms of this Agreement, including but not limited to, ITEMS DROPPING OUT
OF THE LSV, ITEMS BECOMING, LOST, STOLEN, DAMAGED, OR DESTROYED; these risks and dangers may be caused by the
negligence or omission of Driver Inc., the negligence of others, including other pedestrians or motorists, or may arise from the repair,
maintenance or operation of the Products, weather conditions at the time of use, roadway conditions, or other causes, including from any
other additional foreseeable or unforeseeable causes. By using our Services, you, on behalf of yourself and your passengers, personal
representatives, and heirs, hereby EXPRESSLY AGREE TO ASSUME ALL RISKS AND ACCEPT ALL RESPONSIBILITY for any lost, stolen,
damaged, or destroyed personal property THAT YOU MAY SUFFER AS A RESULT OF USING THE SERVICES and/or PRODUCTS for any
such losses, and/or damages, including those caused solely or in part by the negligence or omission of Driver, Inc., and the Released Parties.

(b) Waiver & Release of Liability (Claims)

(i) Your use of our Services and/or Products is VOLUNTARY and with the full knowledge of all risks and assumptions of risks and by virtue of
using our Services and/or Products you are forever waiving and releasing Driver, Inc. of all claims and liabilities.

(ii) EXPRESSLY waive and release Driver, Inc. and the Released Parties of all liability, actions, debts, claims, and demands of every kind
whatsoever, specifically including, but not limited to, any claim for negligence or negligent acts or omissions and any present or future claim,
loss or liability for injury to person or property that you may suffer, for which you may be liable to any other person, that may or does arise
out of the use of the Services and/or Products.

(iii) EXPRESSLY waive and release Driver, Inc., and the Released Parties of any claims for injury including, but not limited to bodily injury,
disease, strains, fractures, partial or total paralysis, and other ailments that could cause serious disability, mental or physical anguish, or death.

(iv) EXPRESSLY acknowledge that this waiver and release of liability is entered into by and on behalf of you and your passengers, heirs,
executors, administrators, assigns, and personal representatives.

(c) When permitted by law, the Released Parties will not be responsible for lost profits, revenues, data, financial losses or indirect, special,
consequential, exemplary, or punitive damages. In all cases, the Released Parties will not be liable for any loss or damage that is not
reasonably foreseeable.

III. INDEMNIFICATION. You EXPRESSLY agree to indemnify, defend, and hold harmless Driver, Inc., its respective Released Parties (collectively, the “Indemnities”), from and against any and all damages, claims, losses, expenses, costs, obligations and liabilities (including, without limitation, reasonable attorney’s fees), suffered directly or indirectly by any of the Indemnities to the extent of, or arising out of, (i) any breach of any covenant, representation or warranty made by us in these Terms, (ii) any failure by us to perform or fulfill any of its obligations, covenants or agreements set forth in these Terms, (iii) the negligence or intentional misconduct of us, any subcontractor of ours, or any of their respective employees or agents, (iv) any failure of Driver Inc. and the Released Parties to comply with any Applicable Law, (v) any litigation, proceeding or claim by any third party relating in any way to the obligations of Driver Inc. under the Terms herein or our performance under these, (vi) any Employee Taxes or Unemployment Insurance, or (vii) any claim alleging that the Products and Services or any part thereof infringe any third party’s U.S. patent, copyright, trademark, trade secret or other intellectual property interest. The indemnity obligations under this Article shall survive the expiration or termination of the Terms herein.

IV. ARBITRATION

(a) Binding Arbitration. Each of the parties shall make a good faith effort to settle any disputes that may arise between them with respect to this Agreement. If the parties do not settle the matter within 20 days after the delivery by one party of written notice to the other party, either party shall have the right by delivery of written notice thereof to the other party to submit the matter to final, binding, and confidential arbitration before a single arbitrator in Los Angeles County, California administered by Judicial Arbitration and Mediation Services (“JAMS”) pursuant to its Commercial Arbitration Rules & Procedures. (Such Rules may be obtained at www.jamsadr.com.) Judgment upon the award of the arbitrator may be rendered in any court of competent jurisdiction.

(b) Applicable Law; Personal Jurisdiction. The arbitrator shall apply California law to the merits of any dispute or claim, excluding those laws that direct the application of the laws of another jurisdiction. Consultant hereby consents to the personal jurisdiction of the state and federal courts located in Los Angeles County, California for any action or proceeding arising from or relating to this Agreement or relating to any arbitration in which the parties are participants.

(c) Costs of Arbitration. Company and Consultant shall each pay one-half of the costs and expenses of such arbitration, and each shall separately pay its counsel fees and expenses unless otherwise required by law or except as reallocated by the arbitrator as part of a final award.

(d) Exclusions. The parties may apply to any court of competent jurisdiction for a temporary restraining order, preliminary injunction, or other interim or conservatory relief, as necessary, without breach of this arbitration agreement and without abridgment of the powers of the arbitrator.

(e) YOU HAVE READ AND UNDERSTAND SECTION 4 OF THESE TERMS, WHICH DISCUSSES ARBITRATION. YOU UNDERSTAND THAT BY USING OUR SERVICES AND/OR PRODUCT YOU AGREE TO SUBMIT ANY CLAIMS ARISING OUT OF, RELATING TO, OR IN CONNECTION WITH THESE TERMS, OR THE INTERPRETATION, VALIDITY, CONSTRUCTION, PERFORMANCE, BREACH OR TERMINATION THEREOF, TO BINDING ARBITRATION, EXCEPT AS PROVIDED IN SUBPARAGRAPH (d) OF SECTION 4, AND THAT THIS ARBITRATION CLAUSE CONSTITUTES A WAIVER OF YOUR RIGHT TO A JURY TRIAL AND RELATES TO THE RESOLUTION OF ALL DISPUTES RELATING TO ALL ASPECTS OF THE RELATIONSHIP BETWEEN THE PARTIES.

V. PRODUCT/SERVICES OFFERED BY DRIVER, INC. Driver, Inc., through its Products provides Services for low-speed vehicles (“LSV”). LSVs are generally defined as battery-operated, four-wheel motor vehicles with a maximum speed of 25 mph. An LSV has a Gross Vehicle Weight Rating (“GVWR”) of less than 2,500 pounds (1,134 kilograms).

VI. USE OF PRODUCT, SERVICES, WEBSITE & MOBILE APP

(a) Terms of Use. You hereby agree that the use of our Products and/or Services is for the purpose of renting an LSV. In order to use our Products and/or Services, you must register as a user either through our website or Mobile App. We do not guarantee the use of our Products or Services, and any such use is based on availability. As there are a limited number of LSVs available, rentals are on a first-come, first-use basis. You hereby acknowledge that we do not guarantee the availability of Products and/or Services that may result from a lack of inventory due to maintenance, replacement of parts, or any other situation that would render Products and/or Services unavailable with or without prior notice.

(b) Use As Third Party Transportation Services Prohibited. You hereby agree and acknowledge that our Products and/or Services are not to be used for third-party transportation services to transport riders to and from their destinations whether a fee is charged or not. Use of our Products and/or Services to engage in transportation services such as, but not limited to, Uber, Lyft, Door Dash, UberEATS, and Instacart, are strictly prohibited. You will not use our Products and/or Services to engage in any type of transportation services whether it be for persons or items, nor will you permit such use by any passengers.

(c) Drivers. You as the Driver of the LSV must be at least 25 years of age, have a valid California or out-of-state driver’s license, and have proof of valid vehicle insurance for which you are a named insured driver. You agree to abide by all applicable traffic laws at all times. You agree to refrain from ingesting any substance, beverage, or medication that may impair your ability to properly operate the LSV. You further agree to prevent any passengers from ingesting any substance, beverage, or medication that may impact your ability to properly operate the LSV. You further agree that you will take appropriate action to ensure the safety of passengers, pedestrians, and other drivers, and will immediately halt operating the LSV in the event that there are safety concerns. You are responsible for maintaining proper driving etiquette and the etiquette of any passengers, including but not limited to refraining from making threats to other individuals, using the LSV to damage or harm persons or property, and refraining from harassing other individuals while operating or using the LSV.

(d) Damages. In the event of any damage to the LSV, persons or property, you hereby agree to inform Driver, Inc. within one (1) hour of the event resulting in damages.

i. You agree to follow instructions to take pictures of the LSV before and after use.

VII. FINANCIAL TERMS AND CONDITIONS

(a) Pricing and Payment. You acknowledge that your use of Driver, Inc.’s Products and/or Services shall require payments in advance of the use of said

Products and/or Services. Pricing will be provided prior to use, and we reserve the right to change pricing at our sole discretion with or without prior notice. The prices are exclusive of any taxes such as sales and use or value-added taxes that may be required by local, state, or federal taxing agencies. In the event of any taxes associated with the use of our Products and/or Services, you acknowledge and authorize Driver, Inc. to process the tax payment to your payment method on file.

(b) Deposits. We further reserve the right, and you acknowledge and agree, that we may elect to place a temporary hold on your payment method as a deposit that may be later applied towards fees incurred, damages, or repairs to our Products, or to replace all or a portion of our Products. In the event the deposit is not utilized, it will be returned to you within a reasonable amount of time. You acknowledge that we are unable to control how long your financial institution, credit card issuer, or, merchant service processor may be required to remit any held deposits back to you. We further reserve the right to modify our policy at any time, with or without prior notice

(c) Third Party Charges. You acknowledge and agree that you are solely responsible for any fees associated with your use of your chosen payment method, including but not limited to interest, overage fees, and/or currency exchange fees.

(d) Refunds. We further reserve the right in our sole discretion, to issue refunds, credits, or otherwise reimburse all, partial, or none of the charged fees. There are no obligations to offer any such refund at any time

(e) Discounts, Trials, Subscriptions, Promotions. From time to time, Driver, Inc. may elect to offer discounts, trials, and/or subscriptions to its Products and/or Services. Such discounts, trials, and/or subscriptions are at the sole discretion of Driver, Inc. and may be revoked at any time without any warning. There are no obligations to offer any such terms at any time.

(f) Fees. We reserve the right at our sole discretion, and you agree, that we may charge up to the cost of replacement in the event that you damage, destroy, abandon, or otherwise dispose, of our Products. We may also collect fees for any fine issued to us as a result of your breach of local, state, or federal laws applicable. You agree and acknowledge that in the event of such fees, we will use your financial information on file to collect payment.

(g) Cancellation/Rescheduling. We further reserve the right to impose a cancellation or rescheduling fee in the event that a reservation for our Products and/or Services is not canceled or rescheduled per our policies. We reserve the right at our sole discretion to determine fees associated with the cancellation and/or rescheduling and may change our policies at any given time with or without prior notice.

(h) Fines & Traffic Violations. You are solely responsible for any fines and traffic violations resulting from your use of the LSV.

VIII. WARRANTY DISCLAIMER. No warranty expressed or implied is made regarding the accuracy, adequacy, completeness, legality, reliability, or usefulness of any Product and/or Service. This disclaimer applies to both isolated and aggregate uses of our Products and/or Services. Products and/or Services are provided “AS IS”. All warranties of any kind, express or implied, including but not limited to the IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, freedom from contamination by computer viruses, and non-infringement of proprietary rights ARE DISCLAIMED to the fullest extent permitted by law. Changes may be periodically added to the Terms herein at the sole discretion of Driver, Inc. No specific promises, guarantees, or warranties have been made as to any Services and/or Products offered. No warranty expressed or implied is made regarding the distance and time in which the LSV may operate. Any range of distance or time period is not a guarantee and only an estimate. Distance and driving times may be more or less than any estimates that we may provide. In the event that the actual driving time and/or distance is less than the contracted amount, it is within the sole direction of Driver, Inc. to issue a refund, issue a credit, or otherwise reimburse fully, partially, or not for the Product and/or Services.

IX. PRIVACY POLICY (COLLECTION AND USE OF PERSONAL INFORMATION)

(See privacy policy)

X. INTELLECTUAL PROPERTY.

(a) Ownership. All intellectual property rights, including copyrights, patents, patent disclosures, inventions (whether patentable or not), trademarks, service marks, trade secrets, know-how, and other confidential information, trade dress, trade names, logos, corporate names, and domain names, together with all of the goodwill associated therewith, derivative works, and all other rights (collectively, “Intellectual Property Rights”) are exclusively and unequivocally owned by Driver, Inc. You are prohibited from copying, modifying, distributing, selling, or leasing any part of our Services or Products or included software, nor may you reverse engineer or attempt to extract the source code of the Services or software, unless laws prohibit these restrictions, or you have our written permission to do so.

(b) Limited Use. Subject to these Terms, we grant you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to access and use the App and our related software and services on your personal device solely for your use of our Services. Such rights are for your personal, noncommercial use only. Any rights not expressly granted herein are reserved by us and our licensors. You are not allowed to copy, modify, distribute, sell, or lease any part of our Services or included software, nor may you reverse engineer or attempt to extract the source code of the Services or software, unless laws prohibit these restrictions, or you have our written permission to do so. Don’t do anything that places an unreasonably large load on our Services’ infrastructure, use any robots, spiders, scrapers, or other automated means to access our Services, try to interfere with the proper working of our Services, or attempt to bypass any of our security measures to access the Services.

XI. CLASS ACTION WAIVER. You agree that by entering into the agreement to arbitrate pursuant to Section 4, you waive your right to have any dispute or claim brought, heard, or arbitrated as, or to participate in, a class action, collective action, and/or representative action, and an arbitrator shall not have any authority to hear or arbitrate any class, collective or representative action (“Class Action Waiver”). In any case in which (1) the dispute is filed as a class, collective, or representative action and (2) there is a final judicial determination that all or part of the Class Action Waiver is unenforceable, the class, collective, and/or representative action to that extent must be litigated in a civil court of competent jurisdiction, but the portion of the Class Action Waiver that is enforceable shall be enforced in arbitration. Notwithstanding any other clause contained in this Section 9, any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void, or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator. All other disputes with respect to whether this Class Action Waiver provision is unenforceable, unconscionable, applicable, valid, void, or voidable shall be determined exclusively by an arbitrator, and not by any court.

XII. GOVERNING LAW. The Terms herein shall be governed by and interpreted pursuant to the laws of the State of California, excluding those laws that direct the application of the laws of another jurisdiction.

XIII. SEVERABILITY. If any Terms herein are determined by a court of competent jurisdiction to be invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other Terms set forth.