Terms of Service

Section 17 contains an arbitration agreement and a class action waiver. Unless you opt out as described in Section 17, disputes between you and RideAheadNYC will be resolved by binding individual arbitration, and you waive your right to a jury trial and to take part in a class action. Please read it carefully.

Agreement. These Terms of Service ("Terms") are a legally binding agreement between you and Bracarys LLC, doing business as RideAheadNYC ("RideAheadNYC," "we," "us" or "our"). They govern your use of the RideAheadNYC rider app (the "App"), the website at rideaheadnyc.com (the "Website") and any related services we provide (together, the "Services").

Acceptance. You accept these Terms when you agree to them while creating your account, or when you otherwise use the Services. If you do not agree, do not use the Services.

Other policies. Our Privacy Policy (rideaheadnyc.com/privacy) and Accessibility Statement (rideaheadnyc.com/accessibility) are part of these Terms. If they conflict with these Terms, these Terms control unless the other document says otherwise.

Drivers. If you drive with RideAheadNYC, your relationship with us as a driver is governed by the RideAheadNYC Driver Agreement. If you also ride, these Terms apply to that use.

Changes. We may update these Terms. If we make a material change, we will notify you at least 30 days before it takes effect by email, by a notice in the App, or both, and we may ask you to accept the updated Terms before you keep using the Services. Changes that are not material, such as clarifications, take effect when posted. If you do not agree to a change, you must stop using the Services and may delete your account. Changes to Section 17 do not apply to disputes that either party notified the other about before the change took effect.

In these Terms, "including" means "including, but not limited to."

Age. You must be at least 18 years old to create an account and request rides. Riders under 18 may travel only with an adult account holder, who is responsible for them during the ride.

Service area. The Services are available for rides that start in New York City and the surrounding area shown in the App (the "Service Area"). We may change the Service Area at any time.

Eligibility. You may not use the Services if we have previously suspended or banned your account, or if the law prohibits you from doing so.

What we do. RideAheadNYC operates as a livery base under the New York City Taxi and Limousine Commission ("TLC") and uses the App to dispatch rides to drivers affiliated with our base ("Drivers"). Through the App you can request a ride, propose a price, accept or decline a Driver's counteroffer, follow your ride, pay, tip and rate your Driver. Rides will be dispatched only after our base license is issued.

Drivers. Drivers decide whether to accept each ride request and are not our employees. We require every Driver to hold a valid TLC driver license, to drive a vehicle that is TLC-licensed and insured as the law requires, and to keep those documents current. We review Drivers' documents when they apply and periodically afterwards, but we cannot guarantee the conduct of any Driver. Nothing in these Terms limits any obligation we have as a TLC-licensed base.

Ride types. Depending on availability, the App may offer ride types such as Regular, XL, Premium, Eco, Pet, Wheelchair-accessible and Share. The features of each ride type, including passenger and luggage capacity, are described in the App. A Share ride may be shared with other riders going in a similar direction and may include additional stops.

Availability. We do not guarantee that a Driver will be available or will accept your request, or that a ride will arrive by a specific time. The Services are not an emergency service. In an emergency, call 911.

Changes to the Services. We may add, change, suspend or discontinue any part of the Services at any time.

Creating an account. You must verify a mobile phone number you control and give us accurate and complete information, including your name and email address, and keep it up to date. You may have only one account, and you may not create an account for someone else or transfer your account.

Security. You are responsible for all activity under your account and for keeping your login credentials confidential. Tell us right away at [email protected] if you think someone used your account without permission.

Identity checks. We may ask you to verify your identity or payment method to prevent fraud or to comply with the law, and we may restrict your account until you do.

Deleting your account. You can delete your account at any time from the App or at rideaheadnyc.com/delete-account/passenger. Deleting your account does not cancel amounts you already owe. Section 9 explains what happens to your Ride$ balance.

Reference fare. When you enter your pickup and destination, the App shows a reference fare for each available ride type. It is calculated from the estimated distance and time of the trip and may include, when they apply: a night surcharge (currently 15% for rides between 11:00 p.m. and 5:00 a.m.), an airport surcharge (currently $15 for rides to or from JFK, LaGuardia or Newark), tolls on the expected route, and taxes or government-mandated fees. We may change how the reference fare is calculated, but a change never affects a ride that was already accepted.

Your offer. You can request the ride at the reference fare or propose a different price ("Your Offer"). Your Offer cannot be lower than the minimum shown in the App (currently 50% of the reference fare). You can change Your Offer while you are still looking for a Driver.

Acceptance and counteroffers. Nearby Drivers can accept Your Offer or send a counteroffer for a higher amount (currently $2, $3 or $5 above Your Offer). You can accept or decline any counteroffer. A counteroffer expires if you do not answer within the time shown in the App (currently 60 seconds), and a request with no accepted offer expires after the time shown in the App (currently 5 minutes).

Agreed price. When a Driver accepts Your Offer, or you accept a Driver's counteroffer, your ride is confirmed at that price (the "Agreed Price"). The Agreed Price is what the Driver earns for the ride. In addition to the Agreed Price you pay: (a) the service fee described below; (b) tips you choose to add; (c) tolls not included in the Agreed Price because you changed the route or destination during the ride; and (d) the fees described in Sections 7, 8 and 11.

Service fee. RideAheadNYC charges a service fee for each ride (currently $3), which is shown in the App before you request a ride. It is added to the Agreed Price, is not part of the negotiation, does not count toward the minimum offer, and is kept by RideAheadNYC.

Changes during the ride. If you add stops or change the destination during the ride, the Driver may decline the change, or the price may be adjusted as shown in the App before you confirm it.

Payment methods. You can pay for rides with a credit or debit card saved in your account or with your Ride$ balance. Apple Pay and Google Pay can be used for tips and to buy Ride$, as shown in the App. Payments are processed by Stripe, Inc., and we never see or store your full card number. Stripe's terms and privacy policy also apply to your payment information.

When you are charged. You authorize us to charge the Agreed Price plus the service fee to your selected payment method at the moment your ride is confirmed. If you pay with Ride$, that amount is deducted from your Ride$ balance at that moment, using promotional Ride$ first.

Failed payments. If the charge fails (for example, because your card is declined or your Ride$ balance is not enough), the ride request is cancelled and we will notify you. You can update your payment method and request a new ride. If you owe us an amount that remains unpaid, we may charge any other payment method saved in your account and restrict your account until it is paid.

Collection for Drivers. We collect fares and tips as the Driver's limited payment collection agent. Paying us is the same as paying the Driver.

Receipts and taxes. You will receive a receipt in the App for each ride. Prices include applicable taxes and government-mandated fees unless the App says otherwise.

Billing errors. If you think you were charged incorrectly, contact us through the App or at [email protected] within 60 days of the charge. This does not limit any rights you have with your card issuer or under the law.

Before your ride is confirmed. You can cancel your request at no charge at any time before a Driver accepts it.

After your ride is confirmed. If you cancel after your ride is confirmed and before the Driver picks you up, we keep 50% of the Agreed Price as a cancellation fee, which is paid to the Driver, and refund the other 50% to your original payment method (or to your Ride$ balance if you paid with Ride$). The service fee is not refunded. Once the Driver has picked you up, the ride can no longer be cancelled.

No-shows. When the Driver arrives at the pickup location, the App will notify you. If you do not show up within 10 minutes of that notification, the Driver may mark the ride as a no-show and leave. In that case the full Agreed Price is kept and paid to the Driver, and the service fee is not refunded.

Cancellations by the Driver or by us. If a Driver or RideAheadNYC cancels a confirmed ride, you receive a full refund, including the service fee.

Other refunds. If a ride was not provided or was significantly different from what you requested, contact us within 30 days and we will review it in good faith. Approved refunds go back to the original payment method (or to your Ride$ balance if you paid with Ride$), within the time your bank or card issuer normally takes. Nothing in this Section limits any refund rights you have under consumer protection law.

After a ride you may add a tip for your Driver in the App. Tips are optional, and 100% of the tip goes to the Driver. Because tips are paid in a separate checkout, the card processing fee for that transaction is added to the amount you pay and shown to you before you confirm the tip. Tips are non-refundable unless they were charged in error.

What Ride$ is. Ride$ is a balance in your account that you can use only to pay for rides through the Services. Ride$ is not cash, a bank deposit or a gift card, does not earn interest, and cannot be transferred to another account, sold, or exchanged for cash, except as described below or where the law requires it.

Purchased Ride$. Ride$ that you buy with your card, Apple Pay or Google Pay does not expire. If you delete your account, you can ask us at [email protected] to refund your remaining purchased Ride$ to the original payment method.

Promotional Ride$. Ride$ that we give you for free (for example through promo codes, challenges or referrals) has no cash value and is not refunded if your account is closed. Each promotional credit expires 30 days after it is added to your account, and any part of it you have not used by then is removed. When you pay with Ride$, promotional Ride$ is used first, starting with the credit that expires soonest. The App shows when your next promotional Ride$ expires.

Rider levels and challenges. You move through rider levels (currently Bronze, Silver and Gold) based on the total number of completed rides on your account. Each level offers daily, weekly and monthly ride challenges that earn promotional Ride$ when completed. The current levels, goals and rewards are shown in the App. Cancelled, no-show and fraudulent rides do not count.

Referral program. You can invite friends with your personal referral code. When a new rider signs up with your code and completes their first ride, you and the new rider each receive $20 in promotional Ride$. When a new Driver signs up with your code and completes their first ride, you receive $100 in promotional Ride$. You may not refer yourself, create multiple accounts, or share your code through spam.

Promo codes. Each promo code can be redeemed once per account, before its expiration date and under the conditions shown with the code. Promo codes cannot be sold or exchanged for cash.

Changes and fraud. We may change or end rider levels, challenges, the referral program or any promotion at any time, but rewards you already earned stay in your account subject to their expiration. If we reasonably believe that rewards or Ride$ were obtained through fraud, abuse, error or a violation of these Terms, we may cancel them and suspend your account.

When you use the Services you agree to: (a) follow the law and the Driver's reasonable safety instructions; (b) treat Drivers and other riders with respect, since harassment, discrimination, threats, violence and sexual misconduct of any kind are prohibited; (c) wear a seatbelt; (d) not carry illegal items or open containers of alcohol, and not smoke or vape in the vehicle; (e) not damage the vehicle or leave it dirty; (f) not ride with more passengers or luggage than the ride type allows; (g) not use the Services to send packages without a rider; and (h) not use the Services for commercial purposes without our written permission, and not scrape, copy or reverse engineer the App or use its content to train machine learning or AI systems.

Service animals and pets. Service animals may always accompany riders at no extra charge, on any ride type. Pets that are not service animals are allowed only on Pet rides or when the Driver agrees, must be in a carrier or on a leash, and you are responsible for any damage or mess they cause.

Accessibility. Wheelchair-accessible rides are offered subject to availability. Drivers may not refuse a rider because of a disability, a mobility device or a service animal. See our Accessibility Statement for more information.

Children. Children must travel with an adult. You are responsible for bringing and installing any child car seat you want to use.

Reporting incidents. If anyone is in danger, call 911 first. Then report the incident through the safety report option in the App or at [email protected] as soon as possible, and cooperate with any investigation by us, insurers or the authorities.

Consequences. If you break these rules, we may suspend or deactivate your account, and you may be responsible for the fees described in Section 11.

Lost items. If you leave something in a vehicle, report it through the lost item option in the App. We will try to connect you with the Driver, but we are not responsible for lost items.

Damage and cleaning. If you, your guests or your animal damage a vehicle or leave it needing cleaning beyond normal use, we may charge a reasonable repair or cleaning fee to your payment method after reviewing the Driver's evidence, such as photos. We will tell you the amount and the reason, and you can dispute it by contacting us within 30 days. These fees are paid to the Driver.

Service messages. By creating an account, you agree that we and Drivers may contact you about your rides and your account by push notification, in-app chat, email, text message and phone call, including automated messages, at the phone number and email you give us. Message and data rates may apply.

Marketing. We send promotional messages only if you agreed to receive them. You can opt out of marketing emails with the unsubscribe link, of marketing text messages by replying STOP, and of push notifications in your device settings. You cannot opt out of messages needed to provide a ride or protect your account.

Chat. Messages sent through the in-app chat may be stored and reviewed by us for safety, support and fraud prevention, as described in our Privacy Policy.

Ratings. After a ride you can rate and review your Driver, and Drivers can rate you. Ratings help keep the platform safe and may affect your access to the Services.

Your content. "Your Content" means anything you submit through the Services, such as reviews, profile photos, chat messages and support requests. You keep ownership of Your Content, but you give us a non-exclusive, worldwide, royalty-free, perpetual license to use, copy, display and adapt it to operate, improve and promote the Services. You confirm that you have the right to submit Your Content and that it does not violate the law or anyone's rights.

Removal. We may remove any content that we believe violates these Terms or is offensive, false or unlawful.

Feedback. If you send us ideas or suggestions, we may use them without any obligation to you.

Ownership. The Services, including the App, the Website, the RideAheadNYC name and logo, and all related content and technology, belong to RideAheadNYC or its licensors and are protected by intellectual property laws.

License. Subject to these Terms, we give you a limited, personal, non-exclusive, non-transferable, revocable license to install and use the App on devices you own or control, only for your personal, non-commercial use of the Services.

Restrictions. You may not copy, modify, distribute, sell or rent any part of the Services; decompile or reverse engineer the App except where the law allows it; interfere with or disrupt the Services or access them other than through the interfaces we provide; or use our name, logo or trademarks without our written permission.

Third-party services. The Services use services from other companies, such as Google (maps and sign-in) and Stripe (payments). Your use of those features may also be subject to their terms and privacy policies. We are not responsible for third-party services or websites that the Services link to.

Apple App Store. If you downloaded the App from the Apple App Store: (a) these Terms are between you and RideAheadNYC only, not Apple; (b) Apple has no obligation to provide maintenance or support for the App; (c) if the App fails to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price (if any), and Apple has no other warranty obligation; (d) Apple is not responsible for any claims relating to the App, including product liability claims, claims that the App fails to meet legal requirements, consumer protection claims or intellectual property infringement claims; (e) you confirm that you are not located in a country subject to a U.S. Government embargo and are not on any U.S. Government list of prohibited or restricted parties; and (f) Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.

Google Play. If you downloaded the App from Google Play, the Google Play terms of service also apply to your download.

Disclaimers. Except as expressly stated in these Terms, the Services are provided "as is" and "as available." To the fullest extent permitted by law, we disclaim all implied warranties, including warranties of merchantability, fitness for a particular purpose and non-infringement. We do not guarantee that the Services will be uninterrupted, error-free or available at any particular time, or that a Driver will be available.

Limitation of liability. To the fullest extent permitted by law: (a) we are not liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for lost profits, lost data or loss of goodwill, arising out of or related to the Services; and (b) our total liability for all claims arising out of or related to the Services is limited to the greater of the amounts you paid us in the 12 months before the event giving rise to the claim, or $100. These limits do not apply to liability for death or personal injury caused by our negligence, to our fraud, gross negligence or willful misconduct, or to any liability that cannot be limited under the law.

Insurance. Drivers are required by law to carry commercial auto insurance for for-hire vehicles.

Indemnity. You agree to defend, indemnify and hold harmless RideAheadNYC and its members, officers, employees and agents from any third-party claims, losses and expenses (including reasonable attorneys' fees) arising out of your violation of these Terms or the law, or your violation of the rights of a Driver or any other person, except to the extent caused by our own fault.

Informal resolution first. Most problems can be solved quickly by writing to [email protected]. Before starting arbitration or a court case, the party with the claim must send the other a written notice describing the claim and the relief requested. Send your notice to [email protected] with the subject "Legal notice", including your name and the phone number and email on your account. We will send ours to the email on your account. Both parties agree to try in good faith to resolve the dispute for 30 days after the notice is received, including, if either party asks, an individual phone or video call. Statutes of limitations are paused during those 30 days.

Agreement to arbitrate. If the dispute is not resolved within 30 days, you and RideAheadNYC agree that any dispute, claim or controversy arising out of or relating to these Terms or the Services (a "Dispute") will be resolved by binding individual arbitration, and not in court, except as described below. This includes Disputes about the validity, scope or enforceability of this arbitration agreement, which the arbitrator will decide, except that a court will decide Disputes about the class action waiver. This agreement continues after your account is closed.

Exceptions. Either party may: (a) bring an individual claim in small claims court, as long as it stays there and proceeds only on an individual basis; and (b) ask a court for an injunction to stop infringement or misuse of intellectual property. In addition, as provided by the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021, you may choose to bring a claim of sexual assault or sexual harassment in court instead of arbitration.

Rules. The arbitration will be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules and, when they apply, its Mass Arbitration Supplementary Rules, in effect when the arbitration is filed (available at www.adr.org). It will be conducted by a single arbitrator, in English, in the county where you live or another place we agree on, or by video or written submissions if the amount claimed is $25,000 or less. The Federal Arbitration Act governs this Section 17.

Class action waiver. You and RideAheadNYC may bring claims against each other only individually, and not as a plaintiff or class member in any class, collective, consolidated or representative proceeding. The arbitrator may award relief only to the individual party seeking it and only as needed to resolve that party's individual claim. If a court decides that this waiver is unenforceable for a particular claim or remedy, only that claim or remedy will be decided in court, after any individual claims are resolved in arbitration.

Fees. Filing, administration and arbitrator fees are paid as set out in the AAA Consumer Arbitration Rules, under which the business pays most of those costs. If you show that arbitration costs would be prohibitive for you compared to going to court, we will pay as much of your share as the arbitrator finds necessary. Each party pays its own attorneys' fees unless the arbitrator awards them under the law.

Mass filings. If 25 or more similar arbitration demands are filed against us, or by us, by the same or coordinated counsel, the AAA Mass Arbitration Supplementary Rules apply, and both parties agree to cooperate in good faith to have the demands administered in batches to reduce cost and delay.

Your right to opt out. You can opt out of this arbitration agreement by emailing [email protected] from the email on your account, with the subject "Arbitration opt-out", within 30 days after you first accept these Terms, stating your name and that you opt out of arbitration. Opting out does not affect any other part of these Terms.

Severability. If any part of this Section 17 is found unenforceable, the rest still applies, except as stated in the class action waiver above.

These Terms are governed by the laws of the State of New York, without regard to its conflict of law rules, and by the Federal Arbitration Act for Section 17. Any Dispute that is not subject to arbitration will be brought only in the state or federal courts located in New York County, New York, and you and we consent to their jurisdiction, except that you may bring a small claims action in the county where you live.

By you. You can stop using the Services and delete your account at any time.

By us. We may suspend or close your account, or limit your access to the Services, if you violate these Terms or the law, if we reasonably believe your account is being used for fraud or puts the safety of Drivers or other riders at risk, if the law requires it, or if we stop offering the Services. When reasonable, we will tell you the reason and give you a chance to respond.

Effect. When your account is closed, you must still pay any amounts you owe. Sections 6, 7, 9 (refunds of purchased Ride$), 13, 14, 16, 17, 18 and 20 continue to apply.

Entire agreement. These Terms, together with the documents listed in Section 1, are the entire agreement between you and us about the Services and replace any earlier agreements on the same subject.

Assignment. You may not transfer these Terms without our written consent. We may transfer these Terms to an affiliate or to a successor in a merger, acquisition or sale of assets.

Severability and waiver. If any provision of these Terms is found unenforceable, the rest remains in effect. Not enforcing a provision does not mean we waive our right to enforce it later.

Notices. We may give you notices through the App, by email to the address on your account, or by text message. You can give us notices at the contact information below.

No agency. Nothing in these Terms creates a partnership, joint venture, employment or agency relationship between you and us.

Language. These Terms are written in English. Any translation is provided for convenience only, and the English version controls.

Force majeure. We are not responsible for delays or failures caused by events beyond our reasonable control, such as severe weather, outages, strikes, government actions or public emergencies.

Bracarys LLC (d/b/a RideAheadNYC) · [email protected]