Fluir Inc. Terms of Service
Last Updated: August 12, 2025
These Terms of Service (the “Agreement”) are a legally binding agreement between you and Fluir Inc., including its parents, subsidiaries, representatives, affiliates, officers and directors (“Fluir,” “we,” “us,” or “our”), governing your use of the Fluir applications, websites, technology, artificial intelligence tools, facilities, and platform (collectively, the “Fluir Platform”).
PLEASE NOTE: THIS AGREEMENT CONTAINS TERMS AFFECTING HOW CLAIMS BETWEEN YOU AND FLUIR ARE RESOLVED (SEE SECTION 17). IN MOST CASES, YOU MUST: (1) WAIVE JURY TRIAL, AND (2) ARBITRATE CLAIMS INDIVIDUALLY RATHER THAN AS PART OF A CLASS, GROUP, OR REPRESENTATIVE ACTION.
AS A WORKER OR WORKER APPLICANT, YOU MAY HAVE AN OPPORTUNITY TO OPT OUT OF ARBITRATION FOR CERTAIN CLAIMS AS DESCRIBED IN SECTION 17.
By entering into this Agreement and/or using the Fluir Platform, you confirm you understand and accept all of its terms (including Section 17). If you do not agree, do not use the Fluir Platform. If you use the Fluir Platform in another country, you agree to the applicable country-specific terms. If you access Fluir Business services on behalf of an organization (and not as a Customer or Worker), your use is governed by that organization’s contract with Fluir.
When using the Fluir Platform, you agree to follow our Community Guidelines, which are part of this Agreement.
1. The Fluir Platform
The Fluir Platform is a marketplace where people seeking transportation (“Customers”) can be matched with transportation options. One option is rides provided by independent providers (“Workers”). Customers, Workers, and any other individuals (excluding any Excluded Individuals) using the Fluir Platform are collectively “Users.”
Transportation and related services provided (a) by Workers to Customers, and/or (b) by autonomous vehicles (“Autonomous Vehicles” or “AVs”) via the Fluir Platform are “Rideshare Services,” and their providers are “Rideshare Providers.” “Fluir Services” means any service provided by Fluir via the Fluir Platform (for clarity, this does not include Rideshare Services or Third‑Party Services).
You authorize Fluir to match or re‑match you with Workers, Customers, or AVs based on factors such as your location, pickup, ETA, destination, preferences, ride mode, vehicle requirements, membership status, regulatory or third‑party requirements, user statistics, and platform efficiency, and to cancel a match based on similar considerations. Accepting or offering Rideshare Services is each User’s own decision. A separate agreement forms between a Worker and a Customer when the Customer accepts offered Rideshare Services. “Excluded Individuals” are those registering to use the Fluir Platform on behalf of an organization contracted with Fluir, except as a Customer or Worker.
In some markets, Customers may rent transportation modalities (bikes, scooters, cars, etc.) or use other services via the Fluir Platform. Some are operated by Fluir; others by third parties.
Your use of certain Fluir Services may be subject to Supplemental Agreements for that service/market. If you do not agree to a Supplemental Agreement, you may not use that service. If a conflict exists, this Agreement controls unless a Supplemental Agreement expressly states otherwise.
2. Modification to the Agreement
Fluir may modify this Agreement. Changes are binding once you accept them (including by continuing to use the Fluir Platform). Workers and Worker applicants may opt out of certain revisions to the arbitration terms as provided in Section 17. Fluir may also modify information on pages linked from this Agreement; such changes are effective upon posting.
3. Eligibility
You may use the Fluir Platform only if you have the authority to enter into this Agreement and can satisfy its terms. The Fluir Platform is not available to Users whose accounts are deactivated. You may not allow others to use your account and are the sole authorized user. Each person may create one User account; Fluir may deactivate duplicates. Participation in certain programs/services may have additional eligibility requirements.
By becoming a User, you represent and warrant you are at least 18. A parent or legal guardian may create an account for a 16‑ or 17‑year‑old minor subject to: (a) the minor uses only Fluir Services and/or Third‑Party Services where expressly permitted by the applicable Supplemental Agreement; (b) you determine suitability; (c) use follows all safety instructions in this Agreement, Supplemental Agreements, and on the Fluir Platform; (d) the minor does not request or accept Rideshare Services unless accompanied by you or an authorized guardian; and (e) you explain this Agreement to the minor. No unaccompanied User under 18 may ride in an AV.
By creating a minor’s account, you consent to this Agreement on the minor’s behalf, guarantee the minor’s (and your) acceptance, and assume responsibility for the minor’s use. You represent you are authorized to do so for all parents/guardians.
4. Charges
Requesting or using Rideshare Services, Fluir Services, or Third‑Party Services may result in charges (“Charges”) to you or an organization, if applicable. Customer charges for Rideshare Services include Fares (defined below) plus fees, tolls, surcharges, taxes (see your market’s Fluir Cities page), and any tip you choose to pay the Worker. Fluir may determine/modify pricing by posting terms to the relevant Cities page or quoting a price at request time. Pricing may vary by service type (e.g., economy, extra seats, luxury). You are responsible for reviewing pricing and all Charges incurred under your account.
Rideshare Service Fares (“Fares”). Two types: quoted and variable.
Quoted Fares. You may receive a Fare quote at request time. The quote may change until the ride is confirmed. If your final destination differs, or time/distance differs substantially, or you attempt to abuse the Platform, Fluir may cancel the quote and charge a variable fare. Quoted fares may include Rideshare Service Fees and Other Charges below.
Variable Fares. A base charge plus time/distance. Minimum fares may apply. Distance is typically calculated via GPS from the Rideshare Provider’s device; if unavailable, other ride data may be used. Variable fare totals may include the fees below.
Rideshare Service Fees and Other Charges.
Service Fee. Per‑ride fee (see your Fluir Cities page).
Prime Time. During high demand, Charges may increase. For quoted fares, increases may be factored into the quote.
Priority Pickup / Wait & Save. You may select faster pickup (higher Fare) or slower pickup (lower Fare) where available.
Cancellation Fee / No‑Show Fee. Fees may apply if you cancel after requesting or fail to show. See Help Center for Customer cancellation policy.
Damage Fee. If a Worker reports material damage, you agree to pay up to $250 toward repair/cleaning (amount determined by Fluir). Fluir may request verification or documentation.
Abuse Fee. For credible reports of misuse/abuse of the Platform, you agree to pay up to $250 (amount determined by Fluir). Fluir may request documentation.
Tolls. Tolls/estimates/return tolls may apply and may not match any toll charged to the Rideshare Provider.
Other Charges. May include airport/state/local/event fees, fuel surcharges, wait‑time fees, distance surcharges, and taxes. See your Fluir Cities page.
Tips. You may tip in cash or via the Fluir Platform (optionally set a default tip). Tips go entirely to the Worker.
Charges Generally.
Facilitation. All Charges are processed exclusively through Stripe, Inc., a third-party payment processor. Fluir does not directly collect, store, or process your payment card details, and we do not hold any customer funds. With limited exceptions (e.g., tips in cash where expressly permitted), all payments must be made electronically via Stripe. Your payment of Charges through Stripe to Fluir satisfies your payment obligations for use of the Platform and services. If your primary payment method fails, you authorize Stripe to charge other methods you have provided through your Fluir account.
No Refunds. Charges are non‑refundable except as required by law.
Coupons. Coupons/credits/discounts (“Coupons”) apply only as stated, are non‑transferable/non‑cash (unless required by law), may not be combined unless stated, and any excess is charged to your payment method. Restrictions may apply per promotion or as shown in the Rewards section.
Supplemental Charges. Certain Fluir Services (e.g., rentals) may have additional charges set out in the applicable Supplemental Agreement.
Third‑Party Charges. Purchasing Third‑Party Services via the Platform authorizes charging your method according to pricing set by Fluir or the third‑party provider.
Payment Card Authorization. Fluir may seek authorization holds to verify payment and protect against fraud; holds may affect available credit. See Help Center for pre‑authorization holds.
Fluir does not charge a fee merely to access the Fluir Platform, but may charge fees for accessing/using Fluir Services, Rideshare Services, or Third‑Party Services.
5. Worker Payments
If you are a Worker, you will be paid for providing Rideshare Services under the Worker Addendum, which forms part of this Agreement between you and Fluir. All payments to Workers are made exclusively through Stripe, Inc. Fluir does not hold Worker funds and does not process or store bank account or payment card details. Stripe processes payments in accordance with its own terms and privacy policy.
6. Fluir Communications
By entering into this Agreement or using the Fluir Platform, you agree to receive communications from Fluir, our affiliates, and third‑party partners at the phone numbers you provide, and via email, SMS, calls, and push notifications (including between 9 p.m. and 8 a.m. local time). Messages may be sent via automatic dialing systems. Communications may include operational/account messages, receipts, payment issues, feature updates, marketing/promotions, and news. If your phone number changes, update your account.
Opt‑outs:
Promotional email: use the unsubscribe link.
Promotional calls/texts: text END to +1 (302) 244‑7461 from the device receiving messages. You are not required to consent to promotional texts/calls to use the Platform.
All texts/calls (including operational/transactional): text STOPALL to +1 (302) 244‑7461 (may impact your use). You may receive a one‑time confirmation. For support, visit the Help Center.
7. Your Information
“Your Information” means any information you provide/publish/post to or through the Fluir Platform (including profile info) or send to other Users (e.g., in‑app feedback, email features, or social media). You consent to our use of Your Information to create/manage your account and provide the Platform and services. Our collection/use of personal information is described in Fluir’s Privacy Policy.
You are responsible for Your Information and your interactions. Provide and maintain accurate, current, and complete information. To enable use consistent with the Privacy Policy and this Agreement, you grant Fluir a non‑exclusive, worldwide, perpetual, irrevocable, royalty‑free, transferable, sub‑licensable license to use, copy, perform, display, distribute, prepare derivative works of, and incorporate Your Information into other works in any media now known or later developed. You retain ownership of Your Information, subject to this license.
8. Promotions, Referrals, and Loyalty Programs
Fluir may offer promotions, referral, and loyalty programs at its discretion. We may withhold/deduct credits/benefits obtained in error, fraudulently, illegally, or in violation of program terms or this Agreement. We may terminate/modify/cancel promotions/programs at any time. Referral programs may offer incentives for referring new Users, subject to program rules.
9. Restricted Activities
You agree not to: impersonate others; stalk/threaten/harass; carry weapons; violate laws; interfere with the Platform; post or interact fraudulently/abusively/obscenely/illegally; infringe third‑party rights; transmit malicious code; disguise message origin; frame/mirror the Platform; reverse engineer; rent/lease/lend/sell/redistribute access; use bots/scrapers/data‑mining to circumvent the Platform; link indirectly/directly to other sites to mislead; transfer/sell your account or others’ information; use false contact info or misrepresent affiliation; discriminate or harass based on protected characteristics; violate referral rules; commercialize services without agreement; misuse services in violation of eligibility requirements; violate Fluir’s Policy Against Sexual Assault, Misconduct, and Harassment; request Rideshare Services for unaccompanied persons under 18; use Rideshare Services to transport/deliver unaccompanied goods; circumvent Fluir’s enforcement measures; or cause others to do any of the above. If you suspect unauthorized use or any security breach, notify us immediately.
10. Worker Representations, Warranties, and Agreements
If you provide Rideshare Services as a Worker, you represent, warrant, and agree that:
You have a valid driver’s license, are medically fit to operate a vehicle, and have all required approvals/licenses; your vehicle is safe and compliant; recalls are remedied.
You will not drive recklessly, operate an unsafe vehicle, allow unauthorized passengers while working, provide services under the influence, or endanger the Fluir community or others.
You will use only the approved vehicle and never transport more passengers than can be safely seated (never more than seven (7)).
You will not operate as a public/common carrier/taxi, accept street hails, demand cash (except as expressly allowed), use card readers outside the Platform, or act inconsistently with this Agreement.
You will not defraud Fluir or Customers; suspected fraud may result in withheld Fares and other actions.
You will not discriminate against Customers with disabilities; you will follow Fluir’s Anti‑Discrimination, Service Animal, and Wheelchair Policies and make required accommodations.
You authorize Fluir to obtain your criminal/motor vehicle records and provide further authorizations as needed.
You carry required liability insurance for your vehicle and will provide proof; info may be shared with Fluir upon request.
You will not provide Rideshare Services to unaccompanied persons under 18.
If professionally licensed/permitted, you maintain required commercial auto insurance.
You pay all applicable taxes on your Rideshare earnings.
You will respond to Fluir’s reasonable information requests related to Customer complaints, law enforcement, or incidents.
11. Intellectual Property
All IP rights in and to the Fluir Platform are owned by Fluir (or its licensors). Other trademarks/logos remain the property of their owners. Any questions/comments/suggestions/ideas/feedback (“Submissions”) you provide are non‑confidential and become Fluir’s property; Fluir may use them without acknowledgment or compensation. Except as expressly licensed, no rights are transferred.
“FLUIR” and associated marks/designs are Fluir trademarks/trade dress (the “Fluir Marks”). If you are a Worker, Fluir grants you a limited, revocable, non‑exclusive, non‑transferable, non‑assignable license to display/use Fluir Marks only on Fluir‑provided items (stickers/decals, etc.) while providing Rideshare Services (the “License”). You may not grant sublicenses, create confusion (e.g., domain names, social handles), or suggest affiliation/employment with Fluir. Use must follow Fluir Brand Guidelines; nonconforming use must cease immediately.
You may not create materials using Fluir Marks except as approved in writing. Any unauthorized materials bearing Fluir Marks (or derivatives) belong to Fluir upon creation; you assign all rights and will execute documents to confirm assignment upon request.
Fluir respects others’ IP. See our Copyright Policy for how to submit copyright complaints.
12. Disclaimers
Fluir does not provide transportation services and is not a transportation carrier. Rideshare Providers decide whether to offer rides; Customers decide whether to accept. We do not control the quality or safety of transportation. Fluir safety features/policies do not create employment or agency relationships.
The Fluir Platform is provided “as is.” We make no warranties (express/implied/statutory), including implied warranties of title, merchantability, fitness, or non‑infringement. We do not guarantee availability, accuracy, completeness, reliability, security, error‑free operation, mapping/navigation/ETA/routing accuracy, or that defects will be corrected. You are responsible for your conduct.
We cannot guarantee each Customer/Worker is who they claim to be. Use common sense, verify profiles/photos, and communicate before rides. We are not responsible for underage use in violation of this Agreement.
Fluir is not responsible for User conduct online or offline. You are responsible for interactions and belongings left in vehicles. By using the Platform/services, you accept these risks and agree Fluir is not responsible for acts/omissions of Users.
Unauthorized account use is your responsibility. Information you share with others may be used to harass or harm; choose carefully. We disclaim liability for third‑party acts/omissions.
Opinions/content about Fluir posted by others are theirs alone. We may, but are not obligated to, monitor/remove materials violating law or this Agreement.
Location data is for basic purposes and not for situations requiring precision (where errors could cause harm). We and content providers do not guarantee location data availability/accuracy/timeliness.
Use a data plan with sufficient limits; Fluir is not responsible for carrier fees.
Apple App Store notice. This Agreement is between you and Fluir, not Apple. Apple is a third‑party beneficiary and may enforce this Agreement. Apple’s Licensed Application EULA is incorporated by reference; in conflicts, this Agreement controls.
Navigation: Workers/Customers may use Google Maps within the Fluir Platform. Google may collect location data to provide/improve its services; Google’s terms and privacy policy apply, and such data may be shared with Fluir to improve operations.
In some markets, professionally licensed/permitted Rideshare Providers may be subject to local regulations, including commercial auto insurance; in those markets, Fluir’s coverage may not apply to such providers (as permitted by law).
Force Majeure. Fluir is not liable for delays/failures due to causes beyond reasonable control (e.g., natural disasters, labor disputes, war, government action, epidemics/pandemics, strikes, riots, terrorism, quarantines, emergencies). Affected service timelines are tolled and, when feasible, obligations will be rescheduled.
13. State and Local Disclosures
Some jurisdictions require additional disclosures (e.g., Worker requirements, earnings information, insurance certificates). You can view applicable Disclosures in the Fluir Platform (e.g., terms/disclosures page). By accepting this Agreement, you acknowledge receipt and agree to review updates.
14. Indemnity
You will indemnify, hold harmless, and, at Fluir’s election, defend Fluir (and its affiliates, subsidiaries, parents, successors, assigns, and their officers, directors, employees, agents, shareholders) from any claims, suits, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising from: (1) your breach of this Agreement or incorporated documents; (2) your violation of law or third‑party rights (including Rideshare Providers, Customers, motorists, pedestrians); (3) allegations that materials/Information you submit infringe others’ rights; (4) your ownership/use/operation of a vehicle, including Rideshare Services as a Worker; and/or (5) activities in connection with the Platform/services. This applies regardless of any indemnified party’s negligence. You will not settle on behalf of an indemnified party without Fluir’s prior written consent.
15. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, FLUIR (INCLUDING AFFILIATES, SUBSIDIARIES, PARENTS, SUCCESSORS, ASSIGNS, AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SHAREHOLDERS) WILL NOT BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING DATA LOSS, PROGRAM LOSS, FAILURE TO STORE CONTENT, SERVICE INTERRUPTIONS, OR COST OF SUBSTITUTE SERVICES) ARISING OUT OF OR RELATED TO THE FLUIR PLATFORM, FLUIR SERVICES, RIDESHARE SERVICES, OR THIS AGREEMENT, HOWEVER CAUSED, EVEN IF ADVISED OF THE POSSIBILITY. THE PLATFORM MAY BE USED TO REQUEST/SCHEDULE TRANSPORTATION, GOODS, OR THIRD‑PARTY SERVICES WITH THIRD‑PARTY PROVIDERS, BUT FLUIR HAS NO RESPONSIBILITY/LIABILITY RELATED TO SUCH THIRD‑PARTY SERVICES OR TRANSACTIONS/RELATIONSHIPS. SOME JURISDICTIONS DO NOT ALLOW CERTAIN EXCLUSIONS/LIMITATIONS; IF APPLICABLE, YOU MAY HAVE ADDITIONAL RIGHTS.
16. Term and Termination
This Agreement is effective upon your acceptance. It may be terminated: (a) by you, without cause, on 7 days’ written notice to Fluir; or (b) by either party immediately for the other party’s material breach (including breaches of Sections 9 or 10(a)–(i)). Fluir may also terminate/deactivate or deny access immediately if: (1) you are no longer eligible to be a User; (2) you no longer qualify to provide Rideshare Services or operate an approved vehicle; (3) you fall below Fluir’s rating threshold; or (4) Fluir believes action is needed to protect safety. In cases (1)–(4), you will receive notice of potential/actual deactivation and an opportunity to cure to Fluir’s reasonable satisfaction before permanent termination. For other breaches, notice and an opportunity to cure will be provided. Sections 2, 6, 7 (license), 11–12, and 14–22 survive termination.
17. Dispute Resolution and Arbitration Agreement
(a) Agreement to Binding Arbitration Between You and Fluir.
YOU AND FLUIR AGREE TO WAIVE COURT AND JURY TRIAL AND RESOLVE ALL DISPUTES BY ARBITRATION, governed by the laws of the State of Delaware and the Federal Arbitration Act (FAA), 9 U.S.C. §§ 1–16. If the FAA is inapplicable, Delaware law (Del. Code tit. 10, § 5701 et seq.) governs without regard to conflicts rules. This Arbitration Agreement survives termination. Arbitration is individual only; class actions are not permitted.
(b) Prohibition of Class Actions and Non‑Individualized Relief.
Claims may be brought only individually. The arbitrator cannot hear class/collective/representative claims or grant class‑wide relief. Disputes about this subsection’s enforceability are decided by a court. If a court finally rules this subsection unenforceable for a particular Claim or remedy, that Claim/remedy is severed to court; the rest proceed in individual arbitration.
(c) Representative PAGA Waiver.
To the fullest extent permitted by law, you and Fluir agree not to bring representative actions under PAGA in court or arbitration; any private attorney general claim must proceed only to resolve your own alleged violations, not others’. Disputes about this waiver’s enforceability are decided by a civil court. Unenforceable portions are severed and litigated while individual Claims proceed in arbitration; related court litigation is stayed pending completion of individual arbitration.
(d) Pre‑Arbitration Process.
A party intending to arbitrate must first send a written Notice of Dispute (“Notice”) describing facts/legal basis, specific relief sought, and the sender’s name, mailing/email addresses, and phone number. Your Notice must be personally signed (and by counsel if represented). Fluir’s Notice will be signed by a Fluir representative (and counsel if represented). To protect your account, Fluir may require authentication/consent to discuss it with anyone but you.
Send your Notice to: info@fluir.us with subject “Dispute Notice”.
Fluir’s Notice to you will be sent to your latest contact info on file.
The receiving party has 60 days from receipt of a complete Notice (including any required authentication) to investigate before arbitration may begin. Submission of a complete Notice tolls applicable limitations periods for the claims/relief described until 60 days after receipt. Courts (or a process arbitrator, where applicable) may enforce compliance with this pre‑arbitration process.
(e) Rules Governing the Arbitration.
Arbitration will be administered by the AAA under its Consumer Arbitration Rules (and, if applicable, Mass Arbitration Supplementary Rules), as modified by this Agreement. Rules: www.adr.org. At your request and if appropriate, the arbitrator may select a different AAA rule set (but may not consolidate cases or preside over class/representative proceedings absent mutual agreement). If AAA is unable/unwilling to administer, the parties will select another administrator; failing agreement, a court will do so.
Both sides may take reasonable discovery of non‑privileged, relevant information. The arbitrator may award individualized remedies available in court and will issue a reasoned written decision. The arbitrator applies applicable law and honors privileges. Prior rulings bind only as required by law. Awards are final/binding and may be entered in any court with jurisdiction, subject to any right to challenge.
(f) Arbitration Fees and Awards.
If Fluir initiates arbitration, Fluir pays all AAA filing/arbitration fees.
For Worker Claims (claims by or against Workers or Worker applicants concerning alleged employment relationships; deactivation/termination; Fares/tips/guarantees owed; or background checks), Fluir pays all costs unique to arbitration. If you initiate a Worker Claim, you may contribute up to the court filing fee in your state unless a lower amount applies under rules/law.
Each party pays its own attorneys’ fees and non‑unique costs, unless law provides otherwise. The arbitrator may award costs per Fed. R. Civ. P. 68 or state equivalents.
If you prevail, the arbitrator may award reasonable fees/costs as authorized by law.
Fluir will not seek attorneys’ fees from you unless you are represented by counsel or the arbitrator finds you/your counsel violated Fed. R. Civ. P. 11(b).
If the arbitrator awards you more than Fluir’s last written offer (after you completed the Pre‑Arbitration Process), Fluir will pay you the award or $1,000, whichever is greater (excluding fees/costs in this comparison).
(g) Location and Manner.
Unless agreed otherwise, hearings with Customers occur in the county of your billing address or by videoconference; hearings with Workers occur in the county where the Worker provides Rideshare Services or by videoconference. If AAA is unavailable in that county, the nearest available location applies. You and a Fluir representative will personally appear (in person or by video), along with counsel if any.
(h) Additional Procedures for Coordinated Claims.
If 25 or more claimants with similar claims represented by the same/ coordinated counsel submit Notices or seek to arbitrate (even if not simultaneous), AAA’s Mass Arbitration Supplementary Rules (as modified here) apply with bellwether proceedings. First stage: each side selects up to 20 cases (40 total) for individual arbitration. Remaining cases are stayed; AAA will not accept/administer others in the interim. After stage one, the parties will mediate all remaining cases (Fluir pays mediation fee). If unresolved, subsequent stages may file up to 50 cases per side (100 total) per stage. The statute of limitations is tolled from Notice until the case is selected, withdrawn, or resolved. Courts may enforce this subsection (venue consent: San Francisco County, California). A process arbitrator may decide compliance issues under AAA Mass Rules. If a court finally finds the staging process unenforceable, cases may be filed in arbitration.
(i) Exceptions to Arbitration.
This Arbitration Agreement does not require arbitration of: (1) individual small‑claims court cases; (2) representative PAGA claims to the extent a court finds the waiver unenforceable; (3) workers’ compensation, state disability insurance, or unemployment benefits claims; (4) claims non‑arbitrable under generally applicable law not preempted by the FAA; and (5) individual sexual assault/harassment claims connected to the Platform/services. Where brought in court consistent with Section 18, Fluir will not compel arbitration of those claims; all other provisions remain enforceable.
Nothing prevents you from reporting to or filing with the EEOC, DOL, SEC, NLRB, OFCCP, or similar agencies, or from participating in investigations. Monetary recovery remains governed by this Arbitration Agreement as described herein.
(j) Severability.
Except as otherwise stated in subsections (b) and (c), if any portion of this Arbitration Agreement is illegal or unenforceable under non‑preempted law, it is severed and the remainder remains in force.
(k) Worker Claims in Pending Settlement.
If you are a member of a putative class involving Worker Claims where a motion for preliminary approval of settlement was filed before this Agreement’s effective date, this Arbitration Agreement does not apply to those Worker Claims in that action; the prior arbitration terms continue to govern those claims.
(l) Opting Out of Arbitration for Certain Worker Claims.
As a Worker or Worker applicant, you may opt out of arbitration for Worker Claims defined in 17(f)(2) (except as limited by 17(k)) if you have not previously agreed to a Fluir arbitration provision with an opt‑out. If you previously agreed, you may opt out of revisions here, but prior/other/future agreements remain in effect. To opt out, email info@fluir.us with subject “Arbitration Opt‑Out” within 30 days after you accept this Agreement, clearly stating your intent to opt out for Worker Claims not in a Pending Settlement Action, and include the name, phone, and email associated with your account. If you do not opt out in time, you and Fluir are bound by this Arbitration Agreement.
(m) Binding Effect; Third‑Party Beneficiaries.
This Arbitration Agreement binds and benefits third parties bringing claims related to your use of the Platform/services (e.g., spouses, heirs, beneficiaries, permitted assigns). Such claims are also subject to this Arbitration Agreement.
18. Choice of Forum and Class/Coordinated‑Action Waiver for Non‑Arbitrated Claims
Claims (1) excepted from arbitration under Section 17(i) or (2) found by a court not to be arbitrable shall be brought exclusively in state or federal courts in the State of Delaware. Such claims may proceed only on an individual basis (no class/collective/coordinated/consolidated/mass/joint/representative actions), except by mutual agreement for a class-wide settlement. This paragraph’s interpretation/enforceability/validity is governed by Delaware law (and applicable federal law).
19. Confidentiality
You agree not to use or disclose Fluir’s proprietary/confidential information (including technical, financial, strategic, operational information and User information such as names, pickup locations, contact info, photos) for any purpose other than as contemplated here. Do not store such information outside the Platform. As a Worker, you understand some information may be protected by confidentiality laws (e.g., HIPAA). Violations may carry civil/criminal penalties. You will take reasonable measures to protect secrecy and prevent disclosure. Exceptions apply where you can prove information: is public without your fault; was known to you without restriction; is disclosed with Fluir’s written approval; is lawfully disclosed by a third party; or is disclosed under court/government order (with prompt notice to Fluir to seek protection).
20. Relationship with Fluir
As a Worker, you and Fluir are independent contracting parties. This is not an employment agreement; no joint venture, franchise, partnership, or agency is intended or created. You cannot bind Fluir and must not present yourself as Fluir’s employee/agent.
Fluir does not control how you perform Rideshare Services. You choose when/where/how long to use the Platform. Fluir does not require any minimum hours, acceptance rates, or specific requests. Except where required by law/permit, Fluir cannot require you to display Fluir names/logos/colors on your vehicle or wear uniforms. You may provide similar services to others; Fluir does not restrict you from other work.
21. Third‑Party Services
The Fluir Platform may enable Users to plan/reserve public transit, take AV rides provided by third parties, rent vehicles/bikes/scooters, obtain roadside assistance, or use financial/repair/insurance or other third‑party services (“Third‑Party Services”). This Agreement governs your use of the Fluir Platform in connection with Third‑Party Services.
Third‑Party Services may be subject to the provider’s own terms/pricing (“Third‑Party Terms”), which govern your relationship with that provider. Fluir is not responsible for Third‑Party Services or the provider’s acts/omissions and may not investigate/monitor such services. In case of conflict between Third‑Party Terms and this Agreement, this Agreement controls with respect to Fluir, and the limitations of liability (Section 15) apply to the third‑party provider. Section 17 governs dispute resolution instead of any conflicting Third‑Party Terms, except for claims solely against the third‑party provider.
22. General
Except as provided in Sections 17 and 18, this Agreement is governed by the laws of the State of Delaware (choice-of-law only).
Notices to Fluir: certified mail, postage prepaid, return receipt requested, to:
Fluir Inc., 1111b South Governors Avenue, STE 25675, Dover, DE 19904, USA
or via the Fluir Platform or info@fluir.us (as applicable).
Notices to you: via the Fluir Platform or your email/physical address on file.
Headings are for convenience only. “Include/including” means “without limitation.” A party’s failure to act on a breach is not a waiver; waivers must be in writing. This Agreement (and incorporated documents) is the entire agreement between you and Fluir and supersedes prior agreements on this subject.
If you have questions about the Fluir Platform, Fluir Services, or Rideshare Services, please contact us via the Help Center or at info@fluir.us / +1 (302) 244‑7461.