Terms of Service

Last Updated: December 3, 2025

Modal Mobility Corp (“Modal,” “we,” “us,” or “our”) provides on-demand multimodal transit SaaS solutions, including software and technology-enabled services to enable transit providers and enterprise customers to optimize first- and last-mile multimodal and microtransit services. Our platform is used by public transit agencies, cities, and other organizations across the United States to facilitate efficient, equitable mobility.

Please read these Terms carefully as they constitute a binding contract between you and Modal.

These Terms of Service (“Terms”) do not apply to any separate agreements with Modal’s enterprise customers or transit partners, which may have their own terms.

1. Contractual Relationship

These Terms constitute a legally binding agreement between you (an individual or entity) and Modal governing your access to and use of the Modal Services as defined below.

Please be advised that these Terms contain provisions that govern how claims between you and Modal can be brought, including the arbitration agreement in Section 10 below. Please review the arbitration agreement carefully, as it requires you to resolve all disputes with Modal on an individual basis and, with limited exceptions, through final and binding arbitration. By using the Modal Services and thereby agreeing to these Terms, you expressly acknowledge that you have read and understand these Terms and have taken time to consider the consequences of agreeing to arbitration and all other provisions in Section 10.

Accepting the Terms

You accept and agree to these Terms each time you access or use the Modal Services.

If you do not accept or agree to any of these Terms, you may not access or use the Modal Services.

Changes to the Terms

These Terms are subject to change by Modal in its sole discretion at any time. We encourage you to visit this page periodically to review the most current Terms. We may also modify any information contained in the pages or policies incorporated into the Terms by reference. Your continued use of the Modal Services after a change to these Terms constitutes your binding acceptance of these Terms.

We will notify you of any such change to the Terms by changing the last updated date at the top of the Terms. We may also elect to provide an additional notice of changes by email or push notification through the Modal Services.

To the extent you were provided with an opportunity to opt out of the Arbitration Agreement in Section 10, you agree that changes to these Terms do not create a renewed opportunity to opt out of arbitration.

Additional Terms

We may make additional terms, conditions, or policies available to you from time to time that also govern your use of the Modal Services (the “Additional Terms”). The Additional Terms will be deemed a part of these Terms for purposes of any applicable offer or service, but if any Additional Terms conflict with these Terms, the Additional Terms (and not these Terms) will prevail.

2. Modal Services

The Modal Services that are governed by these Terms are: (i) the websites that Modal creates, hosts, owns, controls, develops, or otherwise makes available (the “Modal Websites”), (ii) the mobile applications that Modal creates, hosts, owns, controls, develops, or otherwise makes available to Riders, Drivers, and Dispatchers (the “Modal Apps”), and (iii) the platforms, dashboards, content, products, and related interfaces, tools, and services that Modal makes available to Enterprise Customers (collectively, the “Modal Services”).

“Enterprise Customers” are public transit agencies, cities, corporations, and other institutional customers which use the Modal Services to establish, monitor, optimize, operate, and/or manage multimodal transit networks, including first- and last-mile microtransit services.

Please note that certain Modal Services may be governed by alternative terms instead of these Terms where provided by an Enterprise Customer on a SaaS basis. In those cases, the Enterprise Customer may create their own terms and conditions, which will govern your access and use of their services.

There are several categories of individual “Users” who may access the Modal Services and whose relationship with Modal may be governed by these Terms (along with any Additional Terms):

Throughout these Terms, any request for transportation services is referred to as a “Reservation.”

Modal offers users information and a method to arrange for transportation services through partner transit providers. You acknowledge that your ability to arrange for or obtain transportation services using the Modal Services does not establish Modal as a provider of those services. Independent drivers and transit providers are solely responsible for offering any transportation services which may be arranged through the Modal Services. Modal has no responsibility or liability for any transportation services provided to you by independent drivers or transit providers.

You acknowledge that independent drivers and any other independent third-party service providers who may use the Modal Services are not employees, actual agents, apparent agents, or ostensible agents of Modal in any way. You further acknowledge that any effort, feature, process, policy, or standard undertaken by Modal in the interest of public safety (whether or not required by applicable statute or regulation) or as a requirement of Modal’s contractual arrangement with an Enterprise Customer is not evidence of an employment, actual agency, apparent agency, or ostensible agency relationship between Modal and any driver.

Changes to the Modal Services

You acknowledge that the Modal Services and all characteristics of the third-party transportation services that can be accessed through the Modal Services are subject to change at any time without notice. You also acknowledge that you may be required to accept updates to the Modal Apps or other third-party software you have installed on your computer or mobile device in order to continue to use the Modal Services.

3. Access to the Modal Services

User Accounts and Credentials

To use the Modal Services as a Rider, Driver, Dispatcher, or Enterprise Platform User, you may be required to create an account (“User Account”). You agree not to create more than one User Account for any separately branded product or service available through the Modal Services. Modal reserves the right to deactivate any additional or duplicate User Accounts. You may not create a User Account for someone else unless you have the legal authority or other valid authorization to do so on their behalf. Enterprise Platform Users may create User Accounts for Riders and Drivers only if authorized to do so by Modal.

You agree not to provide any false information for purposes of creating a User Account or accessing the Modal Services. You are solely responsible for maintaining accurate, complete, and up-to-date information in your User Account.

Your User Account is personal to you, and you may not share your access credentials with, or allow access to your User Account by, any third party. You are responsible for the confidentiality and security of your User Account and you agree to preserve the confidentiality of your access credentials and the security of any device that you use to access the Modal Services. You agree to notify Modal immediately by emailing legal@ridemodal.com regarding any known or suspected breach of security, including any third party’s access to your User Account or any loss, theft, or unauthorized disclosure of the access credentials to your User Account. You will be solely responsible for any injuries, losses, or damages of any kind incurred by Modal and others arising from or related to your failure to maintain the confidentiality and security of your User Account.

Responsibility for Other Users

You will be responsible for all activity that occurs under your User Account and access credentials. For example, if you are a Rider and you make a Reservation for transportation services to be used by any other individual, you are responsible for that individual’s behavior and use of the services arranged through the Modal Services. Note that when you make a Reservation for transportation services, you must indicate how many individuals are traveling in your party. If you do not accurately report this information when making a Reservation, you or your guests may not be accommodated and you may be subject to additional Fees.

Access by Minors Restricted

The Modal Services are not directed to children, and we do not knowingly collect or solicit personal information directly from children under 13. If you are under 13, please do not use the Modal Services or otherwise provide us with any personal information without parental or guardian consent. Children may only receive transportation reserved through the Modal Services if the request is made by a parent, guardian, or other authorized adult.

No person under the age of 18 may create a User Account or use the Modal Services without the consent of a parent or guardian. If you are a minor in the jurisdiction in which you reside (generally, under the age of 18), you must have the permission of your parent or legal guardian to use the Modal Services and your parent or legal guardian must read and agree to these Terms on your behalf prior to your using the Modal Services. If you are a parent or guardian who has created an account for a minor under the age of 18, you hereby give permission and consent to the Terms on the minor’s behalf, and you shall assume any and all responsibility and liability for the minor’s use of the Modal Services as provided by these Terms.

If you are a parent or guardian and believe that a child under the age of 18 has registered for or used the Modal Services without your consent, please contact us at legal@ridemodal.com.

Agent of an Organization

If you are using the Modal Services on behalf of any organization, agency, or corporate entity (including an Enterprise Customer), then you represent and warrant that you: (1) are an authorized representative of that organization; (2) have the authority to bind that organization to these Terms; and (3) agree to be bound by these Terms on behalf of that organization.

Network Access and Devices

You are responsible for obtaining access to the internet, data network, and compatible hardware or devices necessary to use the Modal Services. Your mobile network’s data and messaging rates and fees may apply if you access or use the Modal Services from your mobile device. Modal does not guarantee that any component of the Modal Services will function on any particular hardware or device. In addition, the Modal Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.

Restriction and Termination of Access

Modal reserves the right to temporarily or permanently restrict your User Account and your access to the Modal Services at its sole discretion and for any reason. Further, Modal may in its sole discretion and without liability modify, suspend, or discontinue at any time, with or without notice, any aspect of the Modal Services or the third-party services offered to you through the Modal Services. Please see the Termination and Account Restrictions section below for additional information related to the termination of access to the Modal Services.

4. Fees and Payments

Fees

You acknowledge that Modal may charge you fees, taxes, and/or surcharges for your access to the Modal Services, your use of the Modal Services to make Reservations, and for conduct, conditions, and incidents that occur in connection with the transportation services that you reserve or receive through the use of the Modal Services (collectively, “Fees”). Depending on the specific Modal Services you are using, your use of the Modal Services may result in different Fees. Additionally, some Fees may be charged by Modal on behalf of third parties, including Enterprise Customers and governmental authorities. All Fees are non-refundable unless otherwise determined by Modal or the applicable Transit Partner.

If you are a Rider, the Fees that Modal may charge you can include:

Modal reserves the right to establish, remove, consolidate, and revise any prices, fees, taxes, and surcharges for any services obtained through the use of the Modal Services at any time.

Payments

Depending on the Modal Services you use, Modal may require you to select a payment method when creating a User Account. Modal does not directly collect or store full debit or credit card numbers. All debit or credit card payments are facilitated through third-party payment processors, such as Stripe or PayPal. Modal may replace its third-party payment processor without notice to you.

Modal Credits

Depending on the specific Modal Services you are using, you may be able to purchase, receive, or provide credit towards future Reservations by yourself or others (“Modal Credit”). Modal Credit may include promotional codes or vouchers that are redeemable for Modal Credit.

Modal Credit is non-transferable and non-refundable. Modal Credit may only be used with the Modal Services; it has no other monetary or exchange value. Modal Credit may be subject to Additional Terms, including restrictions and conditions that govern the use of the Modal Credit and its expiration. Modal reserves the right to withhold, reduce, or revoke Modal Credit if it was received or used in error, fraudulently, illegally, or in violation of these Terms or any Additional Terms. Modal reserves the right to alter the way in which any Users earn or retain Modal Credit and the way in which Modal Credit can be redeemed.

5. Promotions

From time to time, in Modal’s sole discretion, we may offer special contests, sweepstakes, referral programs, loyalty programs, rewards programs, and other promotions (“Promotions”). Modal reserves the right to terminate, discontinue, or cancel any Promotions at our sole discretion, at any time, and without notice.

We may also send you communications, show you, or provide links to third-party services, products, websites, and applications, including opportunities to purchase goods and services from, or participate in Promotions of our business partners, charities, sponsors or other third parties (“Third-Party Promotions”). You are responsible for evaluating whether you want to access or use them. We are not responsible for and do not endorse any features, content, advertising, products, or other materials on other websites, services, or applications. You assume all risk and we disclaim all liability arising from your use of Third-Party Promotions.

By participating in a Promotion (including a Third-Party Promotion), you agree to any Additional Terms that govern that Promotion. Please see our Privacy Policy for more information about how we may collect, use, and disclose personal information in connection with Promotions.

6. Communications

Consent to Communications

You agree that by entering into this Agreement or using the Modal Services, Modal and its agents and third-party service providers may contact you by email, telephone calls, text message (such as SMS, MMS, or successor protocols or technologies), mail, and notifications posted in or through the Modal Services, including in the Modal Apps, Modal Websites, or any other Modal Services.

You expressly agree that Modal or its service providers and business partners may send you calls and text messages, including automated calls and text messages, prerecorded or artificial voice messages, and calls and text messages that are generated by automatic telephone dialing systems. Your consent to receive calls and text messages with marketing content is completely voluntary and is not a condition of purchasing any property, goods or services.

The frequency of messages varies based on your interactions with the Modal Services.

Calls or texts may be sent for purposes that include: (i) verifying or updating your User Account information or access credentials, (ii) transactional, administrative, and operative communications regarding your User Account or services you provide or receive by using the Modal Services (e.g., notifications about the status of your Reservation, notifications about suspected fraud or unlawful activity), (iii) promotional emails concerning new products or features relating to the Modal Services or services offered by third-party business partners, and (iv) news or legal or regulatory developments.

You acknowledge that telephone calls to or from Modal, together with its agents and affiliates, may be monitored and recorded consistent with all applicable laws, and you agree to such monitoring and recording.

Opting Out of Communications

If you wish to opt out of promotional emails from Modal, you can unsubscribe by following the unsubscribe options in the promotional email itself.

If you wish to opt out of promotional calls or texts from Modal, you may reply “STOP” to the text message from the mobile device receiving the messages. You can also email legal@ridemodal.com to advise us that you wish to opt out of promotional calls or text messages.

It is your sole responsibility to notify us if you no longer want to receive promotional communications. Note that if you change your phone number or email address, and you wish to unsubscribe from promotional communications to that new phone number or email address, you must submit an opt-out request associated with your new contact information.

Please note that even if you opt out of promotional calls or text messages, we reserve the right to continue to send you transactional or informational calls and texts, including through automatic telephone dialing systems.

It is possible that third parties may have your contact information and you may continue to receive communications from these third parties despite an opt out request. We are not responsible for unwanted contact from third parties. Please contact third parties directly to inform them of your communication preferences.

Accuracy of Information

You verify that any contact information you provide to Modal, including your name, mailing address, email address, telephone number(s), and/or mobile telephone number(s), is true and accurate. You represent and warrant that you are the current subscriber and/or primary user of any telephone number that you provide as your own. If we discover that any information provided in connection with your account registration is false, inaccurate, or in violation of the above representations and warranties, we may suspend or terminate your User Account. Should any of your contact information change, you agree to immediately notify us at legal@ridemodal.com.

Unauthorized Use of Your Telephone Device

You agree to notify us at legal@ridemodal.com of any unauthorized use of your telephone device. Although Modal will not be liable for losses caused by any unauthorized use of your telephone device, you may be liable for our losses due to such unauthorized use.

Fees and Charges

Message and data rates may apply to any phone calls and any text messages sent from us to you and from you to us. Check your phone plan and contact your carrier for details.

7. Intellectual Property

With the exception of User Submissions, as defined below, the Modal Services and everything on it are owned by or licensed to Modal and are therefore protected by copyright, trademark, trade dress, domain name, patent, trade secret, international treaties, and/or other intellectual or proprietary rights and laws of the United States and other countries.

Modal Content

All designs, text, graphics, images, video, information, logos, button icons, software, audio files, computer code, photos, interactive features, service marks, trade names, and other content and trademarks displayed in the Modal Services (collectively, “Modal Content”), as well as the collection, arrangement, assembly, or any other compilation of any Modal Content, are the property of Modal or its licensors and are subject to copyright, trademark, and other intellectual property rights in the United States and other countries. The term “content” or “contents” as used generally in these Terms shall mean any text, graphics, images, video, information, logos, button icons, software, audio files, computer code, or other materials.

Modal Marks

Modal, as well as logos, designs, graphics, icons, scripts, service marks and trade names used in the Modal Services (the “Modal Marks”) are the intellectual property of Modal or its licensors. Without prior written permission from Modal, you agree not to display, reference, or use the Modal Marks in any manner. If you are granted written permission to use the Modal Marks, you may only use the specific Modal Marks obtained directly from Modal for the permitted purpose.

License to You

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to access and use the Modal Services, solely as expressly permitted by these Terms and subject to all terms and conditions of these Terms, and in compliance with all applicable laws. Any other use is strictly and expressly prohibited. Nothing contained in the Modal Services or the Modal Content should be interpreted as granting to you any license or right to use any of the Modal Services, Modal Content, Modal Marks, and/or third-party proprietary content on the Modal Services without the express written permission of Modal or the relevant third-party owner, as applicable. Any rights not expressly granted herein are reserved by Modal and Modal’s licensors.

The limited license described above is revocable at any time without notice and with or without cause. Unauthorized use of the Modal Content or Modal Marks is prohibited. In the event Modal grants you express written permission to make any copy of the Modal Content, you must preserve all copyright, trademarks, service marks, and other proprietary notices contained in the original Modal Content on any such copy.

You acknowledge that you will not obtain any right, title or interest in or to Modal Content or the Modal Marks as a result of your use of the Modal Services.

User Submissions

User Submissions are any content, information, data or materials that you post, upload, e-mail, transmit or otherwise make available to Modal or in the Modal Services (“User Submissions”). User Submissions may include commentary, feedback, suggestions, ideas, requests for service or product enhancements, and submissions of entries for competitions and promotions. You acknowledge and agree that all User Submissions provided by you are non-confidential and non-proprietary.

You understand and acknowledge that you are responsible for any User Submissions you submit or contribute and you, not Modal, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.

Modal’s Use of User Submissions

You acknowledge and agree that you have no expectation of compensation, privacy, or confidentiality with respect to any User Submissions. By providing User Submissions, you grant Modal and its service providers, as well as each of our respective licensees, successors, and assigns, a worldwide, non-exclusive, irrevocable, perpetual, royalty-free, transferable, sublicensable license to use, view, copy, adapt, sell, transfer, modify, remove, publish, transmit, distribute, broadcast, stream, perform, publicly display, create derivative works of, or otherwise exploit in any manner such User Submissions for any purpose without further notice to or consent from you, and without compensation to you or any other person or entity, including for the purpose of promoting Modal and its services.

Please email us at legal@ridemodal.com if you believe your User Submissions are being used in an objectionable manner and we will do what we reasonably can to remedy such use of your User Submissions. We have no obligation to pre-screen User Submissions, but we reserve the right in our sole discretion to pre-screen, remove, or refuse to accept post, display, or transmit any User Submissions at any time for any reason, including if we determine that a User Submission violates these Terms; violates applicable laws, rules, or regulations; is abusive, disruptive, offensive, or illegal; or violates the rights of, or harms or threatens the safety of users of the Modal Services.

You Must Have Rights to Your User Submissions

You represent and warrant that: (i) you own the content in your User Submissions or otherwise have the right to grant the license set forth in these Terms, (ii) your provision of User Submissions does not violate confidentiality obligations or expectations, privacy rights, publicity rights, copyrights, contract rights, intellectual property rights, or any other rights of any person or entity, and (iii) your provision of User Submissions does not result in a breach of contract between you and a third party. You agree to pay for all royalties, fees, and any other monies owing to any person by reason of your provision of User Submissions.

Copyright Policy

Modal respects the intellectual property of others and expects Users to do the same. If you believe that any materials in the Modal Services infringe upon your copyrights, we want to know about it so that we can take appropriate actions. Please contact us at legal@ridemodal.com for information on how to make a copyright complaint.

8. Prohibitions

You agree to use the Modal Services only for their intended purpose. You must use the Modal Services in compliance with these Terms, including any Additional Terms applicable to your use of the Modal Services (for example, any zero tolerance policy, anti-discrimination policy, or community guidelines applicable to your use of the Modal Services). You must use the Modal Services in compliance with all privacy, data protection, intellectual property, and other applicable laws.

You may not, and shall not cause or allow any other User or third party to:

In addition to reserving the right to suspend or terminate your User Account and prevent access to the Modal Services for any reason, we reserve the right to investigate and prosecute violations of the above uses to the fullest extent of the law. Modal reserves the right to involve and cooperate with federal, state, and local law enforcement authorities in prosecuting users to violate these Terms in a criminal manner.

You are responsible for any claims, fees, fines, penalties, and other liability incurred by us or others caused by or arising out of your violation of these Terms.

9. Disclaimers

For purposes of this section, “Modal” includes our affiliates, subsidiaries, parents, successors, assigns, business partners, designees, licensors, licensees, and each of our respective officers, directors, employees, agents, and shareholders.

Please note that some jurisdictions do not allow the exclusion and limitations of certain implied warranties, so the disclaimers and exclusions below may not apply to you. The disclaimers and exclusions under these Terms will not apply to the extent prohibited by applicable law.

Disclaimer of Warranties

Your use of the Modal Services is at your sole risk, and the Modal Services are provided on an “as is” and “as available” basis, and without any warranty or condition, express, implied, or statutory. To the fullest extent permitted by law, Modal expressly disclaims all warranties of any kind, whether express or implied, including warranties as to products or services offered by drivers through the Modal Services, and any implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

Without limiting the foregoing, Modal makes no warranty that (a) the Modal Services will meet your requirements, (b) the Modal Services will be uninterrupted, timely, complete, current, secure, or error-free, (c) the results that may be obtained from the use of the Modal Services will be accurate or reliable, (d) the quality of any goods or services made available through the Modal Services will meet your expectations, (e) any errors in the Modal Services will be corrected; or (f) the network or the server that makes the Modal Services available is free of viruses or other harmful components. Any material downloaded or otherwise obtained through the use of the Modal Services is accessed at your own discretion and risk, and you will be solely responsible for any damage to your computer system or mobile device or loss of data that results from the download or use of any such material.

In addition, Modal makes no representation or warranty as to the reliability, safety, timeliness, quality, suitability or availability of any transportation services obtained from drivers through the use of the Modal Services. The quality of the transportation services arranged or scheduled through the Modal Services is entirely the responsibility of the driver who provides such services. We do not have control over the quality or safety of transportation services that occur as a result of the reservations made through the Modal Services.

You acknowledge and agree that the entire risk arising out of your use of the Modal Services and any services made available through the Modal Services remains solely with you, to the maximum extent permitted by law.

You understand that by using the Modal Services, you may be exposed to content or conduct that is potentially dangerous, offensive, harmful to minors, unsafe, or otherwise objectionable and that you use the Modal Services at your own risk.

Accuracy Disclaimers

We make no representations about accuracy, reliability, completeness, or timeliness of any content in the Modal Services, including location data. Similarly, we make no representations about accuracy, reliability, completeness, or timeliness of any data related to a User (including Riders and Drivers) or the quality or nature of third-party products or services obtained through the Modal Services. We cannot guarantee that each User is who they claim to be. Please use common sense when using the Modal Services, including by confirming that the information displayed through the Modal Services is consistent with the same information you see in person. For example, if you are a Rider and used the Modal Services to make a Reservation, please confirm that the Driver that you are interacting with and the vehicle they are using match the information presented to you in the Modal Services.

Third-Party Conduct Disclaimers

Modal is not responsible for the conduct, whether online or offline, of any User of the Modal Services or any Driver you may engage with in the course of the transportation services you arrange, schedule, or participate in by using the Modal Services. You are solely responsible for your interactions with other Users and third parties. By using the Modal Services, you assume all risks associated with dealing with other Users and third parties and you agree that Modal is not responsible for the acts or omissions of such Users and third parties.

User Submissions and Third-Party Content Disclaimers

You may be able to access User Submissions and content (including advertising) provided by third parties (“Third-Party Content”) through the Modal Services. Modal does not control User Submissions or Third-Party Content and we do not represent or guarantee the truthfulness, accuracy, or reliability of User Submissions or Third-Party Content. The opinions, advice, statements, offers, or other information or content that is provided by third parties through the Modal Services should not necessarily be relied upon. You accept that any reliance on User Submissions and Third-Party Content will be at your own risk. By using the Modal Services, you accept the risk that you might be exposed to content that is objectionable or otherwise inappropriate. Modal does not endorse any, nor is it responsible for, User Submissions or Third-Party Content on the Modal Services. Note that some Third-Party Content may be accessible through an external link, and once you click on such a link, you will become subject to the terms of use and privacy policy of that third-party content provider.

Third-Party Website Disclaimers

Components of the Modal Services may contain links to websites that are owned, developed, controlled, sponsored, and/or maintained by third parties and which may be subject to additional terms and conditions (“Third-Party Websites”). If you click on a link to a Third-Party Website, Modal may not warn you that you have left the Modal Services or that you are subject to the terms and conditions governing your use of that Third-Party Website. Your access to and/or use of Third-Party websites is entirely at your own risk. Modal makes no guarantees, representations, and/or warranties as to, and shall have no liability for, the content, products, or services available on or through any Third-Party Website.

App Store Disclaimers

You acknowledge and agree that the availability of the Modal Apps may be dependent on the third party from which you received the applicable application’s license (e.g., the Apple App Store or Google Play Store).

With regard to any Modal Apps you acquire from the Apple App Store (“Apple-Sourced Software”), you acknowledge and agree that these Terms are solely between you and Modal, not Apple, Inc. (“Apple”) and that Apple has no responsibility for the Apple-Sourced Software or content thereof. Your use of the Apple-Sourced Software must comply with the App Store Terms of Service. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Apple-Sourced Software. In the event of any failure of the Apple-Sourced Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Apple-Sourced Software to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple-Sourced Software, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by these Terms and any law applicable to Modal as provider of the software. You acknowledge that Apple is not responsible for addressing any claims of you or any third party relating to the Apple-Sourced Software or your possession and/or use of the Apple-Sourced Software, including: (i) product liability claims; (ii) any claim that the Apple-Sourced Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation; and all such claims are governed solely by these Terms and any law applicable to Modal as provider of the software. You acknowledge that, in the event of any third-party claim that the Apple-Sourced Software or your possession and use of that Apple-Sourced Software infringes that third party’s intellectual property rights, Modal, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms. You and Modal acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms as relates to your license of the Apple-Sourced Software, and that, upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms as relates to your license of the Apple-Sourced Software against you as a third-party beneficiary thereof.

With regard to any Modal Apps you acquire from the Google Play Store (“Google-Sourced Software”): (i) you acknowledge that these Terms are between you and Modal only, and not with Google, Inc. (“Google”); (ii) your use of Google-Sourced Software must comply with Google’s then-current Google Play Store Terms of Service; (iii) Google is only a provider of the Google Play Store where you obtained the Google-Sourced Software; (iv) Modal, and not Google, is solely responsible for its Google-Sourced Software; (v) Google has no obligation or liability to you with respect to Google-Sourced Software or these Terms; and (vi) you acknowledge and agree that Google is a third-party beneficiary to these Terms as they relate to Modal’s Google-Sourced Software.

10. Arbitration Agreement & Dispute Resolution

Please review this section (“Arbitration Agreement”) carefully, as it will require you to resolve disputes with Modal on an individual basis through final and binding arbitration, except as expressly provided below. By agreeing to this Arbitration Agreement, you waive your right to have a trial by jury and your right to serve as a representative, as a private attorney general, or in any other representative capacity, or to participate as a member of a class of claimants, in any lawsuit, except as expressly provided below.

You have the right to consult with counsel of your choice concerning the Arbitration Agreement and to be represented by counsel at any stage in the arbitration process.

A. Mutual Agreement to Binding Arbitration

You and Modal Mobility Corp and its subsidiaries and affiliates (“Modal” or the “Company”) agree that, except as expressly provided in Subsection B (“Limited Exceptions to Arbitration”), any and all disputes, claims, or disagreements, whether past, present, or future, which arise out of or relate in any way to (i) this Agreement and this Arbitration Agreement and any of their respective prior versions (including the existence, breach, termination, enforcement, interpretation, scope, waiver, or validity of the Terms and the Arbitration Agreement), (ii) the Transportation Services (including any incidents or accidents in connection with such services), (iii) your access to or use of the Modal Platform or any other tools or services provided by the Company, (iv) transactions involving you and the Company or payments by or to the Company (including claims regarding compensation or benefits), (v) your relationship with the Company, (vi) any communications, including marketing communications, drafted or distributed by the Company or by any third party on its behalf, and (vii) any other dispute with the Company (“Claims”), shall be resolved exclusively through binding arbitration between you and the Company, and not by any federal, state, or local court, jury trial, or agency.

For purposes of this Arbitration Agreement, the terms “you” and “Company” also include each entity’s respective parents, affiliates, subsidiaries, successors, and assigns, and their respective owners, directors, officers, executives, employees, shareholders, and agents.

This Arbitration Agreement shall be binding upon and shall extend to any Claims brought by or against any third parties and third-party beneficiaries (including your spouses, heirs, and assigns). The Company’s service providers, including background check providers and payment processors, shall be considered intended third-party beneficiaries of this Arbitration Agreement and may also enforce this Arbitration Agreement.

The parties understand that arbitration means that an arbitrator, and not a judge or jury will adjudicate the claim, and that rights to appeals or to discovery or other exchanges of information may be limited in arbitration. You hereby acknowledge and agree that you and the Company are each waiving the right to a trial by jury to the maximum extent permitted by law.

B. Limited Exceptions to Arbitration

Notwithstanding Subsection A (“Mutual Agreement to Binding Arbitration”) and without waiving the enforceability of the Arbitration Agreement as to any other Claim or to the class and representative action waivers in Subsection J (“Class and Coordinated Action Waiver”), each party retains the right to: (i) resolve a Claim in small claims court, so long as it is within that court’s jurisdiction, the Claim is adjudicated only on an individual basis and not on a class or collective action basis, and the Claim remains in that small claims court; (ii) seek injunctive or other equitable relief in court for infringement or other misuse of intellectual property rights (including patents, copyrights, moral rights, trademarks, and trade secrets or other confidential or proprietary information, but not privacy or publicity rights); or (iii) raise individual claims of sexual assault or sexual harassment in a court of competent jurisdiction.

The claims listed in this Subsection B (“Limited Exceptions to Arbitration”) as express exceptions to the requirement of binding arbitration must be brought and litigated in a court of competent jurisdiction by you on an individual basis only and not on a class or collective action basis. You agree that no action brought by you under this Subsection B (“Limited Exceptions to Arbitration”) may be consolidated or joined in any fashion.

Contact Us

If you have questions about these Terms of Service, please contact us at:

Modal Mobility Corp
Email: legal@ridemodal.com
Phone: +1 (404) 981-2354
Address: 75 5th St NW, Atlanta, GA 30332