These Terms of Use (“Terms”) govern your access and use, from within the United States and its territories and possessions, of the applications, websites, content, products, subscriptions, and services (the “Services,” as more fully defined below in Section 3) made available in the United States and its territories and possessions by Jacks App, Inc. (dba Jacks) and its affiliates, subsidiaries, parents, successors, and assigns, and each of its and their respective officers, directors, employees, agents, and shareholders (collectively, “Jacks”). References to “you” and “your” shall be deemed to include the members of your household (spouse, parent, or child residing in the same home as you) listed on your Account. PLEASE READ THESE TERMS CAREFULLY, AS THEY CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND JACKS.

By and upon creating an Account or accessing or using the Services, you confirm your agreement to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Services. These Terms expressly supersede any prior agreements or arrangements with you. Jacks may immediately terminate these Terms or any Account (as defined below), Subscription (as defined below), or Services with respect to you, or generally cease offering or deny access to your Account, Subscription, or the Services or any portion thereof, at any time for any reason.

IMPORTANT: PLEASE REVIEW THE ARBITRATION AGREEMENT SET FORTH

BELOW CAREFULLY, AS IT WILL REQUIRE YOU TO RESOLVE DISPUTES WITH

JACKS ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION,

NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, GROUP, OR

REPRESENTATIVE ACTION OR PROCEEDING. BY ENTERING THIS AGREEMENT,

YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND

ALL OF THE TERMS OF THIS AGREEMENT AND HAVE TAKEN TIME TO CONSIDER

THE CONSEQUENCES OF THIS IMPORTANT DECISION. IF YOU DO NOT AGREE

TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU

MAY NOT USE OR ACCESS THE SERVICES OR ANY OTHER SERVICES

PROVIDED THROUGH JACKS. IF YOU USE JACKS OR THE SERVICES IN

ANOTHER COUNTRY OR JURISDICTION, YOU AGREE TO BE SUBJECT TO JACKS’S TERMS OF SERVICE FOR THAT COUNTRY OR JURISDICTION.

Supplemental and/or additional terms and conditions may apply to certain Accounts, Subscriptions, and/or Services, such as policies, statements, FAQs, or related information for a particular Service, Subscription, event, program, activity, or promotion, and such supplemental and/or additional terms and conditions will be disclosed to you in separate region-specific disclosures whether through www.jacks.com, the Applications (as defined below), e-mail, text message, or other communication, or in connection with the applicable Service(s). Supplemental and/or additional terms and conditions are in addition to, and shall be deemed a part of, the Terms for the purposes of the applicable Account, Subscription, or Service, as applicable. Supplemental and/or additional terms and conditions shall prevail over these Terms in the event of a conflict with respect to the applicable Account, Subscription, or Service.

Jacks may amend the Terms (and any supplemental and/or additional terms) from time

to time. Amendments will be effective thirty (30) days after Jacks’s posting or communication of such updated Terms at this location, within your Account or the Applications, through e-mail, text message, or other communication, or in the relevant policies, statements, or supplemental or additional terms. Your continued access or use of the Services after such posting or communication confirms your consent to be bound by the Terms, as amended or supplemented. If you do not agree to, or cannot comply with, the Terms as amended or supplemented, you must stop using the Applications and Services, and Jacks may terminate your Account, Subscription, and/or Service.

Jacks’s collection and use of personal information in connection with the Services is described below and in Jacks’s Privacy Policy located at https://jacks.com/privacy.

Arbitration Agreement

By agreeing to the Terms, you agree that you are required to resolve any claim that you may have against Jacks on an individual basis in arbitration, as set forth in this Arbitration Agreement. This will preclude you from bringing any class, collective, or representative action against Jacks and also preclude you from participating in or recovering relief under any current or future class, collective, consolidated, or representative action brought against Jacks by someone else.

Agreement to Binding Arbitration Between You and Jacks.

You and Jacks agree that any dispute, claim, or controversy arising out of or relating to (a) these Terms or the existence, breach, termination, enforcement, interpretation, or validity thereof, or (b) your access to or use of the Services at any time, whether before or after the date you agreed to the Terms, will be settled by binding arbitration between you and Jacks and not in a court of law. Notwithstanding the foregoing, where you allege claims of sexual assault or sexual harassment occurring in connection with your use of the Services, you may elect to bring those claims in a court of competent jurisdiction instead of arbitration. Jacks agrees to honor your election of forum with respect to your individual sexual assault or sexual harassment claim but, in so doing, does not waive the enforceability of this Arbitration Agreement as to any other provision (including, but not limited to, the waivers provided in the following paragraph, which will continue to apply in court and arbitration), controversy, claim, or dispute.

You acknowledge and agree that you and Jacks 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. Unless both you and Jacks otherwise agree in writing, any arbitration will be conducted only on an individual basis and not in a class, collective, consolidated, or representative proceeding. However, you and Jacks each retain the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights.

Rules and Governing Law

The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the AAA’s Consumer Arbitration Rules and the Supplementary Procedures for Consumer-Related Disputes (the “AAA Rules”) then in effect, except as modified by this Arbitration Agreement. The AAA Rules are available at www.adr.org or by calling the AAA at 1-800-778-7879.

The parties agree that the arbitrator (“Arbitrator”), and not any federal, state, or local court or agency, shall have exclusive authority to resolve any disputes relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement, including any claim that all or any part of this Arbitration Agreement is void or voidable. The Arbitrator shall also be responsible for determining all threshold arbitrability issues, including issues relating to whether the Terms are unconscionable or illusory and any defense to arbitration, including waiver, delay, laches, or estoppel.

Notwithstanding any choice of law or other provision in the Terms, the parties agree and acknowledge that this Arbitration Agreement evidences a transaction involving interstate commerce and that the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (“FAA”), will govern its interpretation and enforcement and proceedings pursuant thereto. It is the intent of the parties that the FAA and AAA Rules shall preempt all state laws to the fullest extent permitted by law. If the FAA and AAA Rules are found to not apply to any issue that arises under this Arbitration Agreement or the enforcement thereof, then that issue shall be resolved under the laws of the state of New York.

4. Access, Eligibility, and Use of the Services

User Accounts

To use most aspects of the Services, you must register and maintain an active personal user account (“Account”). The Services may only be used by individuals with the right and authority to enter into this Agreement, fully able and competent to meet its terms, conditions, and obligations. The Services are unavailable if your Account (or any previous one) has been deactivated, suspended, terminated, or cancelled. Except for members of your household (spouse, parent, or child residing in the same home), you may not allow others to use your Account, and you agree to be the sole authorized user of your Account. You may only create one Account, and Jacks reserves the right to deactivate any additional or duplicate accounts.

To register an Account and use the Services, you must be at least 18 years old, or the age of legal majority in your jurisdiction if different from 18, reside in the authorized jurisdiction (currently only states within the United States), have the authority to enter these Terms and grant Jacks the rights herein, and have read, understood, and agree to these Terms. Account registration requires you to submit to Jacks personal information, including your name, address, email, mobile phone number, age, driver’s license, proof of insurance and vehicle registration, vehicle details (e.g., make, model, color, license plate, and VIN), vehicle inspection reports or representations on your vehicle’s condition, and related information. You also need to provide Payment Method(s) (as defined below) supported by Jacks.

You agree to maintain accurate, complete, and up-to-date information in your Account. Failure to do so, including having an invalid or expired payment method, driver’s license, vehicle insurance, or registration on file, may result in loss of access to the Services. You are responsible for all activity on your Account, and you agree to secure your Account’s username and password and monitor for unauthorized use. If you suspect unauthorized access, notify Jacks immediately. Jacks is not liable, and you may be liable for losses, damages, and fees incurred by Jacks or third parties due to unauthorized Account use.

Any breach or suspicion of breach of these obligations may result in temporary or permanent deactivation, suspension, termination, or cancellation of your Account at Jacks’s sole discretion.

Promotions, Referrals, and Loyalty Programs

Jacks may offer promotions, referral programs, and loyalty programs with different features for users and prospective users. These promotions and programs, unless specifically offered to you, do not affect your Agreement or relationship with Jacks. Jacks reserves the right to withhold or deduct credits or benefits obtained through a promotion or program if it determines the redemption or receipt was in error, fraudulent, illegal, or in violation of applicable terms or this Agreement. Jacks may terminate, discontinue, or cancel any promotions or programs at any time and in its sole discretion without notice.

The referral program provides incentives for referring friends and family to become new users of the Applications and Services (the “Referral Program”). Participation in the Referral Program is subject to this Agreement and additional rules and regulations, as applicable.

User Requirements and Conduct

The Service is unavailable to persons under 18. Other than household members listed on your Account, you may not authorize others to use your Account or allow persons under 18 to receive the Services unless accompanied by you. You are responsible for all activity on your Account, the Application, and the Services. You may not transfer your Account to any other person or entity. You agree to comply with all laws when using the Services and may only access them for lawful purposes (e.g., no transport of unlawful or hazardous materials). In certain instances, you may be asked to provide proof of identity, vehicle insurance, vehicle registration and ownership, or vehicle condition to access or use the Services. Refusal or insufficient documentation may lead to denial of access at Jacks’s sole discretion. Breach of these conditions may result in temporary or permanent deactivation, termination, or cancellation of your Account.

Jacks reserves the right to refuse Services if, in Jacks’s or the driver’s sole discretion, it is unsafe due to factors such as: (a) the user or passenger is armed, belligerent, violent, verbally or physically threatening, abusive, intoxicated, or under the influence of drugs; (b) the vehicle is unsafe to drive; or (c) any other relevant facts or circumstances concerning safety.

Restricted Activities

With respect to using the Applications and Services, you agree not to engage in the following activities, among other restrictions in this Agreement or any applicable Jacks policy:

•                  Stalk, threaten, or harass anyone, carry weapons, or engage in conduct harmful to other users, drivers, Jacks employees, or the community;

•                  Use the Applications or Services for unlawful purposes, such as sending or storing unlawful material or violating laws, including seat belt and open container laws;

•                  Engage in abusive behavior with drivers, other users, or Jacks employees before, during, or after the Services;

•                  Interfere with or disrupt the Applications or connected servers or networks;  •     Post, email, or otherwise transmit malicious code, files, or programs designed to damage or limit the functionality of the Applications or Services or surreptitiously intercept or expropriate any system, data, or personal information;    •     Impersonate others or manipulate identifiers to disguise information or content origins on the Applications or Services;

•                  Attempt to modify, adapt, translate, reverse engineer, decipher, decompile, or otherwise disassemble any part of the Applications;

•                  Use the Applications or Services for commercial purposes without prior written permission from Jacks;

•                  Use the Applications or Services in a way that causes nuisance, annoyance, or inconvenience, or leads to personal injury or property damage;

•                  Attempt or encourage third parties to engage in any of the above.

These restrictions aim to ensure the safety, privacy, and integrity of the Jacks platform and community.

Privacy.

In addition to these Terms, Jacks’ Privacy Policy, located at https://jacks.com/privacy, explains the data Jacks collects, uses, stores, and processes while you use and access your Account, the Applications, and the Services. By using and/or accessing the same, you have read, understood, and agree to the terms of such Privacy Policy, and you agree that Jacks may use such data in accordance with the terms of the same and these Terms. If you have any questions regarding Jacks’ Privacy Policy, please contact concierge@jacks.com.co

Communications.

You agree to receive communications from Jacks, its affiliated companies, and independent contractors, including via email, text message, calls, and push notifications. You agree that texts, calls, or prerecorded messages may be generated by automatic telephone dialing systems. Communications from Jacks, its affiliated companies, and/or independent contractors may include but are not limited to: operational communications concerning your Account or use of the Services, use of the Applications, updates concerning new and existing features, updates to the Terms and other policies, terms and statements to which you may be subject, communications concerning promotions run by Jacks, its affiliated companies, independent contractors, and news concerning Jacks and industry developments. Standard text messaging charges applied by your mobile device carrier will apply to all text messages.

YOU ACKNOWLEDGE THAT YOU ARE NOT REQUIRED TO CONSENT TO RECEIVE

PROMOTIONAL TEXTS OR CALLS AS A CONDITION OF USING THE

APPLICATIONS OR RELATED SERVICES. IF YOU WISH TO OPT OUT OF

PROMOTIONAL EMAILS, YOU CAN UNSUBSCRIBE FROM OUR PROMOTIONAL

EMAIL LIST BY FOLLOWING THE UNSUBSCRIBE OPTIONS IN THE PROMOTIONAL

EMAIL ITSELF. IF YOU WISH TO OPT OUT OF PROMOTIONAL CALLS OR TEXTS,

YOU CAN DO SO BY FOLLOWING THE OPTIONS IN THE CALL OR TEXT FROM

THE MOBILE DEVICE RECEIVING THE MESSAGES. IF YOU WISH TO OPT OUT OF

ALL TEXTS OR CALLS FROM JACKS (INCLUDING OPERATIONAL OR

TRANSACTIONAL TEXTS OR CALLS), YOU CAN EMAIL THE WORD

“UNSUBSCRIBE” TO CONCIERGE@JACKS.COM FROM THE MOBILE DEVICE

RECEIVING THE MESSAGES, HOWEVER YOU ACKNOWLEDGE THAT OPTING

OUT OF RECEIVING ALL TEXTS MAY IMPACT YOUR USE OF THE APPLICATIONS

OR RELATED SERVICES, INCLUDING IN AN EMERGENCY. YOU CAN ALSO OTHERWISE CONTACT INSURANCE@JACKS.COM.CO FOR FURTHER ASSISTANCE.

For additional information, see Jacks’ Privacy Policy located at https://jacks.com.co/privacy.

Your Information and User Content.

Your Information is any information you provide, publish, or post to or through the Applications (including any profile information you provide) or send to other Jacks users or independent contractors (including via in-application feedback, any email feature, or through any Jacks-related social media posting) (your “Information”). You consent to Jacks using your Information to create an Account that will allow you to use the Applications and Services. Jacks may, in its sole discretion, permit you from time to time to submit, upload, publish, or otherwise make available to Jacks textual, audio, and/or visual content and information, including commentary and feedback related to the Services, initiation of support requests, and submission of entries for competitions and promotions (“User Content”). You are solely responsible for your Information, User Content, and your interactions with other users, independent contractors, and members of the public, and Jacks acts only as a passive conduit for your Information and User Content. You agree to provide and maintain accurate, current, and complete information and that Jacks and other users, independent contractors, and members of the public may rely on your Information and User Content as accurate, current, and complete.

Any Information or User Content provided by you remains your property. However, by providing Information or User Content to Jacks, you grant Jacks a worldwide, perpetual, irrevocable, transferable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such Information and User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Applications, Services, and Jacks’ business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.

You represent and warrant that: (i) you either are the sole and exclusive owner of all Information or User Content or you have all rights, licenses, consents, and releases necessary to grant Jacks the license to the Information and User Content as set forth above; and (ii) neither the Information or User Content, nor your submission, uploading, publishing, or otherwise making available of such User Content, nor Jacks’ use of the User Content as permitted herein will infringe, misappropriate or violate a third party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

You agree not to provide Information or User Content that is defamatory, libelous, hateful, discriminatory, racist, violent, abusive, profane, obscene, pornographic, sexually explicit, illegal, unlawful, or otherwise offensive, as determined by Jacks in its sole discretion, whether or not such material may be protected by law. Jacks may, but shall not be obligated to, review, monitor, or remove Information and User Content, at Jacks’ sole discretion and at any time and for any reason, without notice to you.

For further information on Jacks’ collection and use of Information and User Content, including personal information, in connection with the Applications and Services see its Privacy Policy, located at https://jacks.com/privacy.

User Activity and Behavior.

When you use the Applications and/or Services, Jacks keeps track of your activity, including the number and types of trips or rides you take, the length of those trips or rides, and the destinations you frequent, and how frequently and for how long you use the Applications and Services. Jacks may also keep track of your interactions with the Applications and Services, which may include the features you use, the advertising in which you see or show interest, and the content you view. Jacks does this for a variety of reasons, such as to gain an understanding of the types of rides or trips or features you and/or other similar users tend to take, like or dislike, for checking Charges (as defined below), to provide you with relevant and interesting advertising, and to improve the Applications and Services generally. As this data is essential to the function of the Applications and Services, you may not opt out of Jacks’ collection and use of such data or information. By accessing or otherwise using any portion of the Applications or Services, you hereby consent to the foregoing collection and use of your activity and behavior for the purposes set forth above and also as outlined in the Jacks Privacy Policy, located at https://jacks.com/privacy.

Network Access and Devices.

You are responsible for obtaining the data network access necessary to use the Services. Your mobile network’s data and messaging rates and fees may apply if you access or use the Services from your device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto. Jacks does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices, or in any particular location or at any particular time. In addition, the Services and Applications may be subject to malfunctions and delays inherent in the use of the Internet, cellular service, and electronic communications.

Representations and Warranties.

In addition to the other representations and warranties set forth in these Terms, you represent, warrant, and agree that:

You own, or have the legal right to operate and permit other persons to operate, the vehicle you use for the Services; such vehicle is in good operating condition and meets the industry safety standards and all applicable statutory and state department of motor vehicle requirements for a vehicle of its kind, and the vehicle has no defects or conditions that may cause it to be unsafe to drive; and any and all applicable safety recalls have been remedied per manufacturer instructions.

The registration, license tags, and insurance for the vehicle are current and valid. You have a valid policy of liability insurance (in coverage amounts consistent with all applicable legal requirements) that names or schedules you (and all other individuals related to the Services, as applicable) for the operation of the vehicle you use for Services.

You possess a valid driver’s license and are authorized and medically fit to operate a motor vehicle and have all appropriate licenses, approvals, and authority to operate a motor vehicle in all relevant jurisdictions.

No contraband, weapons, substance, or other items which are illegal for public transport, consumption, or use are concealed or within the vehicle.

You will not engage in reckless behavior during the Services, act or drive unsafely, operate or allow the operation of a vehicle that is unsafe to drive, permit an unauthorized third party to accompany you in the vehicle during the Services, provide Services or otherwise drive or interfere with the provision of the Services while under the influence of alcohol or drugs, or take action that harms or threatens to harm the safety of the Jacks users, employees, independent contractors or third parties. You will only use the Services using a vehicle that has been reported to and approved by Jacks, and for which a photograph has been provided to Jacks.

Subscriptions and Charges

Subscriptions and Free Trials.

Your Jacks membership subscription (a “Subscription”) is an automatically renewing subscription requiring recurring payments and will continue until terminated. Except as stated below, to use the Applications and Services, you must, among other things, establish an Account and provide Jacks with one or more Payment Methods. “Payment Method” means a current, valid, accepted method of payment, as may be updated from time to time, and which may include payment through your account with a third party. Unless you cancel your Subscription before your billing date, you authorize us to charge the Subscription fee for the next billing cycle to your Payment Method.

Jacks may offer a number of Subscription plans, including special promotional plans or memberships offered by third parties in conjunction with the provision of their own products and services. Some Subscriptions may have differing conditions and limitations, which will be disclosed at your sign-up or in other communications made available to you. Each Subscription has an associated periodic fee (the “Subscription Fee”). You can find specific details regarding your Subscription by visiting Jacks’s website or by logging into your Account.

By signing up for a Subscription, creating an Account and/or providing a Payment Method, you agree that: (a) you will be charged your first Subscription Fee and any applicable taxes on the date you purchase your Subscription; (b) you authorize Jacks and its service providers to store your Payment Method for the purpose of executing future auto-renewal transactions; (c) UNLESS YOU CANCEL, BY DEFAULT (AND WITH PRIOR NOTICE TO THE EXTENT REQUIRED BY APPLICABLE LAW), YOUR

SUBSCRIPTION WILL AUTOMATICALLY RENEW AT THE END OF THE THENCURRENT SUBSCRIPTION PERIOD, and (d) AT THE TIME OF RENEWAL, JACKS

WILL AUTOMATICALLY CHARGE THE THEN-CURRENT SUBSCRIPTION FEE AND

ANY APPLICABLE TAXES TO AN ELIGIBLE PAYMENT METHOD THAT JACKS HAS ON FILE FOR YOU. For further information on payments, see below under “General”.

Notwithstanding any other provision in these Terms, you may be eligible for a complimentary Subscription when a third party with which you have a relationship registers for a commercial or corporate Subscription. If you have such a complimentary Subscription, your Account will begin and end in accordance with the terms of such Subscription. To receive the Subscription benefits, you must register an Account using information required by the agreement between Jacks and such third party, and be an authorized user added by the third party. The specific terms and conditions of Subscription will supplement these Terms and are applicable to you, and you acknowledge and agree to be bound by them.

Your Jacks Subscription may start with a free trial. The duration of the free trial period of your Subscription will be specified during sign-up and is intended to allow new members and certain former members to try the Applications and Services. Free trial eligibility is determined by Jacks at its sole discretion and it may limit eligibility or duration to prevent free trial abuse. Jacks reserves the right to revoke the free trial and put your Account on hold in the event that it determines that you are not eligible. Members of households (spouse, parent or child residing in the same home as you) with an existing or recent Subscription are not eligible. We may use information such as device ID, method of payment or an Account email address used with an existing or recent Subscription or Account to determine eligibility. For combinations with other offers, restrictions may apply. Jacks will charge the Subscription Fee for the next billing cycle to your Payment Method at the end of the free trial period unless you cancel your Subscription prior to the end of the free trial period.

You can cancel your Subscription at any time, and you will continue to have access to the Services through the end of your billing period. Subscription Fees are nonrefundable and Jacks does not provide refunds or credits for any partial periods or unused Services. If you cancel your Subscription, your Account will automatically close and become deactivated at the end of your current billing period. If you signed up for Jacks using your account with a third party as a Payment Method and wish to cancel your Subscription, you may need to do so through such third party, for example by visiting your account with the applicable third party and turning off auto-renew, or unsubscribing from the Jacks service through that third party. You may also find billing information about your Subscription by visiting your account with the applicable third party.

Jacks may change its Subscriptions and the Subscription Fees from time to time; however, any price changes or other changes to your Subscriptions will apply no earlier than 30 days following notice to you.

Other Charges.

You understand that in addition to the Subscription Fees, use of the Services may result in charges to you for the services you receive (collectively with the Subscription Fees, “Charges”). Jacks will receive and/or enable your payment of the applicable Charges for services obtained through your use of the Services. Charges for fares will be variable based on a base charge, where and if applicable, and incremental charges based on the duration of the Services. Minimum fares may apply. Jacks uses GPS data where applicable and available, the accuracy and availability of which cannot be guaranteed. Charges will be inclusive of applicable taxes where required by law. Charges may include other applicable fees, tolls, and/or surcharges to the extent you do not pay them directly, including booking fees, service fees, processing or administration fees, tolls and return tolls, parking and event fees, valet charges, airport fees, state or local fees, taxes, “prime time”, holiday, busy or high-demand surcharges, processing fees, fuel costs, towing or other emergency expenses (roadside or otherwise) and any gratuities that you may elect to pay. Such Charges may vary and the amounts may not be guaranteed until deemed final by Jacks in its sole discretion. Please visit www.jacks.com/cities for further information on your particular location, as applicable. Jacks has the authority and reserves the right to determine and modify pricing by posting applicable pricing terms to your market’s page or quoting you a price for a specific ride at the time you make a request. Pricing may vary based on the type of service you request as described on your market’s page. You are responsible for reviewing the applicable market page or price quote within the Applications and shall be responsible for all Charges incurred under your Account regardless of your awareness of such Charges or the amounts thereof.

The Subscription Fee will be charged to your Payment Method on the specific billing date indicated in your Account. The length of your billing cycle will depend on the type of Subscription that you choose when you sign up. In some cases, your payment date may change, for example, if your Payment Method has not successfully settled or if your Subscription began on a day not contained in a given month.

All Charges and payments will be enabled by Jacks using the Payment Method designated in your Account. If your primary Account Payment Method is determined to be expired, invalid, or otherwise not able to be charged, you agree that Jacks may use a secondary Payment Method in your Account, if available. If not available, you authorize Jacks to charge any Payment Method associated with your Account. You remain responsible for any uncollected amounts. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not cancel your Subscription or Account, Jacks may suspend your access to the Service until Jacks has successfully charged a valid Payment Method. For some Payment Methods, the issuer may charge you certain fees, such as foreign transaction fees or other fees relating to the processing of your Payment Method. Local tax charges may vary depending on the Payment Method used. Check with your Payment Method service provider for details. You can update your Payment Methods by going to your Account. Jacks may also update your Payment Methods using information provided by the payment service providers. Following any update, you authorize Jacks to continue to charge the applicable Payment Method(s).

All Charges are facilitated through a third-party payment processor. Jacks may replace its third-party payment processor without notice to you. Charges shall only be made through the Applications. With the exception of gratuities, cash payments or payments through card readers are strictly prohibited. Your payment of Charges to Jacks satisfies your payment obligation for your use of the Applications and Services. Jacks may group multiple charges into a single aggregate transaction on your payment method based on the date(s) they were incurred. If you don’t recognize a transaction, then check your ride receipts and payment history.

Upon the addition of a new payment method or each Service request, Jacks may seek authorization of your selected payment method to verify the payment method, ensure the Charges will be covered, and protect against unauthorized behavior. The authorization is not a charge; however, it may reduce your available credit by the authorization amount until your bank’s next processing cycle. Should the amount of Jacks’s authorization exceed the total funds on deposit in your account, you may be subject to overdraft or NSF charges by the bank issuing your debit or prepaid card. Jacks shall not be responsible for these charges and is unable to assist you in recovering them from your issuing bank.

Charges (including Subscription Fees) paid by you are final and non-refundable, unless otherwise determined by Jacks in its sole discretion. This no-refund policy shall apply at all times regardless of your decision to cancel your Subscription, terminate a Service or usage of the Applications, any disruption to the Applications or Services, or any other reason whatsoever. You will remain liable for any other fees or Charges, including for usage of the Services, to be paid pursuant to these Terms that have not yet been paid.

As between you and Jacks, Jacks reserves the right to establish, remove and/or revise Charges for any or all services or goods obtained through the use of the Services at any time in Jacks’s sole discretion. Further, you acknowledge and agree that Charges applicable in certain geographical areas may increase substantially during times of high demand or, on holidays or for specific events. You will be responsible for Charges incurred under your Account regardless of your awareness of such Charges or the amounts thereof. Jacks may from time to time provide certain users with promotional offers, coupons, credits, and discounts that may result in different amounts charged for the same or similar services or goods obtained through the use of the Services, and you agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of the Services or the Charges applied to you. After completion of the Services, you will have the opportunity to rate your experience and leave additional feedback. Jacks may use the proceeds of any Charges for any purpose, subject to any payment obligations it has agreed to with any independent contractors or other third parties.

Promotional Offers, Coupons, Credits, and Discounts.

You may receive promotional offers, coupons, credits, and discounts that you can apply toward payment of certain Charges upon completion of the Service. Such are only valid for use on the Applications and for the Services, and are not transferable or redeemable for cash except as required by law. Such cannot be combined, and if the cost of the Services exceeds the value of the same, Jacks will charge your payment method on file for the outstanding cost of the Services. Jacks may deduct the amount attributable to any Changes (other than the applicable fare) before application of the offer, coupon, credit, or discount. Additional restrictions on offers, coupons, credits, and discounts may apply as may be communicated to you.

Service Cancellation and No-Show Fees.

You may elect to cancel your request for Services at any time prior to the commencement of such Services, in which case you may be charged a cancellation fee. You may also be charged if you fail to show up after requesting the Service or if you fail to comply with these Terms, including but not limited to, a failure to provide proof of identity, insurance, motor vehicle registration and ownership, safe operating condition, or otherwise. Please check out Jacks’s FAQ section on its website at www.jacks.com/FAQ to learn more about Jacks’s cancellation and no-show policy, including applicable fees.

Damages and Cleaning.

You shall be responsible for the cost of repair for damage to, or necessary cleaning of, vehicles and property resulting from use of the Services under your Account.

Emergencies and Other Incidents.

You hereby authorize Jacks and the applicable driver for the Services to seek emergency or other help in the event of an emergency or other incident, including if you or any individual with you becomes injured or ill during the Services. You hereby authorize Jacks and the applicable driver for the Services to leave your vehicle locked and parked in a relevant location, such as the hospital or urgent care parking lot, in such an event or incident. Your keys will be retained by Jacks until such time as your or an immediate family member or other authorized person authorizes their release.

In any such event, you further authorize Jacks and/or the driver for the Services to attempt to contact, inform, and take instruction from any individual listed or associated with your Account, including any individual listed as an emergency contact or any member of your household (spouse, parent, or child residing in the same home as you) listed on your Account.

LIMITATION OF LIABILITY.

JACKS SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL,

EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST

PROFITS, LOST DATA, DELETION, CORRUPTION, LOST PROGRAMS, LOST

CONNECTIVITY, FAILURE TO STORE ANY INFORMATION OR OTHER CONTENT,

SERVICE INTERRUPTIONS, THE COST OF PROCUREMENT OF SUBSTITUTE

SERVICES, PERSONAL INJURY, OR PROPERTY DAMAGE RELATED TO, IN

CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE

APPLICATION OR SERVICES, OR THE TERMS, HOWEVER ARISING AND

REGARDLESS OF THE NEGLIGENCE (EITHER ACTIVE, AFFIRMATIVE, SOLE, OR CONCURRENT) OF JACKS, EVEN IF JACKS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

JACKS SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES

ARISING OUT OF: (i) THESE TERMS; (ii) YOUR USE OF OR RELIANCE ON THE

APPLICATIONS OR SERVICES OR YOUR INABILITY TO ACCESS OR USE THE

APPLICATIONS OR SERVICES, INCLUDING DUE TO THE UNAVAILABILITY OF THE

SERVICES, OR ANY ACTIVITY, INCIDENT, ACCIDENT, OR OTHER MATTER

RELATED TO OR ARISING OUT OF THE SERVICES; OR (iii) ANY TRANSACTION

OR RELATIONSHIP BETWEEN YOU AND ANY THIRD PARTY, INCLUDING ANY INDEPENDENT CONTRACTOR, EVEN IF JACKS HAS BEEN ADVISED OF THE

POSSIBILITY OF SUCH DAMAGES. JACKS SHALL NOT BE LIABLE FOR DELAY OR

FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND JACKS’S

REASONABLE CONTROL (INCLUDING, BUT NOT LIMITED TO, LACK OF DRIVER AVAILABILITY, ACCIDENTS, INCLEMENT WEATHER, TRAFFIC CONDITIONS,

CONSTRUCTION, MECHANICAL ISSUES, OR SIMILAR SITUATIONS). WITHOUT

LIMITING THE FOREGOING, IN THE EVENT OF AN ACCIDENT DURING THE

SERVICES INVOLVING YOU, THE DRIVER PERFORMING THE SERVICES, AND

YOUR VEHICLE (AS PROPERLY IDENTIFIED FOR USE FOR THE SERVICE), AND IT

IS DETERMINED BY A FINAL, NON-APPEALABLE JUDGMENT THAT THE DRIVER PERFORMING THE SERVICES WAS AT FAULT, JACKS WILL PAY UP TO $500.00 (FIVE HUNDRED DOLLARS) TOWARDS YOUR INSURANCE DEDUCTIBLE.

THE APPLICATIONS AND SERVICES MAY BE USED BY YOU TO REQUEST AND

SCHEDULE TRANSPORTATION SERVICES WITH THIRD PARTIES, INCLUDING

INDEPENDENT CONTRACTORS, BUT YOU AGREE THAT JACKS HAS NO

RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY TRANSPORTATION SERVICES PROVIDED TO YOU BY SUCH THIRD PARTIES OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS.

SOME JURISDICTIONS MAY NOT PERMIT THE EXCLUSION OR LIMITATION OF

CERTAIN LIABILITIES. TO THE EXTENT APPLICABLE LOCAL LAW SPECIFICALLY

AND EXPRESSLY PROHIBITS SUCH EXCLUSIONS OR LIMITATIONS, THOSE

EXCLUSIONS OR LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, JACKS’ LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

INDEMNITY.

You agree to indemnify and hold Jacks and its affiliates, subsidiaries, parents, successors and assigns, and its 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 Applications, Services, or any activities related thereto; (ii) your breach or violation of any of these

Terms or any other Jacks terms and conditions, policy, or statement applicable to you;

(iii) Jacks’s use of your Information or User Content, or any allegation that your Information or User Content infringes or otherwise violates the copyright, trademark, trade secret, or other intellectual property or other rights of any third party; (iv) your ownership, use, or operation of a motor vehicle or passenger vehicle; or (v) your violation of law or the rights of any third party, including independent contractors, other users, drivers, other motorists, and pedestrians. This indemnity shall be applicable without regard to the negligence of any party, including any indemnified person.

ACKNOWLEDGMENT.

You fully intend and understand that the limitation of liability and indemnification provisions of these Terms shall bind you, your family, heirs, assigns, or personal representatives. You hereby forever release, acquit, and discharge Jacks from any and all liabilities, claims, demands, actions, and causes of action that you may have by reason of any monetary damage or personal injury sustained as a result of or during the use of any Service. The sole recourse available to you shall be the cancellation of the Subscription and your Account.

INTELLECTUAL PROPERTY.

All intellectual property rights in the Applications and Services, including with respect to JACKS and other Jacks logos, designs, graphics, icons, scripts, and service names, registered trademarks, trademarks, or trade dress (collectively, the “Jacks Marks”), shall be owned by Jacks absolutely and in its entirety. These rights include database rights, copyright, design rights (whether registered or unregistered), trademarks (whether registered or unregistered), and other similar rights wherever existing in the world together with the right to apply for protection of the same.

OTHER PROVISIONS.

The Applications may enable you to receive services (potentially unrelated to the Services) from other third parties (collectively, the “Other Services”). You understand that the Other Services are subject to the terms and pricing of such third parties. Jacks is not responsible and may not be held liable for the Other Services or the actions or omissions of the third party.

CHOICE OF LAW.

These Terms are governed by and construed in accordance with the laws of the State of New York, U.S.A., without giving effect to any conflict of law principles.

NOTICES.

Jacks may give notice by means of a general notice posted on its website or in the Applications, electronic mail to your email address, telephone, text message, or written communication sent by first-class mail or pre-paid post to any address connected with your Account.