Terms of Use

Last Updated: July 18, 2025

PLEASE READ THESE TERMS OF USE, PRIVACY POLICY AND ANY OTHER TERMS REFERENCED BY THESE TERMS OF USE CAREFULLY. IT IS IMPORTANT YOU READ AND UNDERSTAND THIS AGREEMENT BECAUSE IT OUTLINES (I) THE TERMS AND CONDITIONS REGARDING YOUR USE OF THIS MOVILITY APPLICATION AND PARTICIPATION IN THE HYUNDAI VEHICLE RENTAL PROGRAM AND (II) EACH PARTY'S RESPECTIVE RIGHTS WITH RESPECT TO THIS MOVILITY APPLICATION AND THE MOVILITY VEHICLE RENTAL PROGRAM.

These Terms of Use (this “Agreement”) constitute a legally binding agreement made by the individual accepting this agreement (“you”, “your” or “yours”) and Motiva Ventures Inc. (“we”, “us”, or “our”), concerning your access to and use of this Movility application as well as any software, applications, other media form, media channel, or website related, linked, or otherwise connected thereto (collectively, the “App”) and participation in the Movility vehicle rental program (the “Program”). BY USING THE APP AND/OR CLICKING "SUBMIT INFORMATION” TO AGREE TO THIS AGREEMENT, AS IT MAY BE AMENDED FROM TIME TO TIME AS PROVIDED BELOW, YOU HAVE READ, UNDERSTOOD, AND AGREED TO BE BOUND BY THIS AGREEMENT WITHOUT MODIFICATION OF THE TERMS, CONDITIONS AND NOTICES CONTAINED HEREIN, INCLUDING THE PRIVACY POLICY AND ANY OTHER SUPPLEMENTAL TERMS AND CONDITIONS OR DOCUMENTS THAT MAY BE POSTED ON THE APP FROM TIME TO TIME WHICH ARE HEREBY EXPRESSLY INCORPORATED HEREIN BY REFERENCE. THIS AGREEMENT IS EFFECTIVE AS OF THE DATE OF YOUR ACCEPTANCE. IF YOU DO NOT AGREE WITH THIS AGREEMENT, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE APP AND YOU MUST DISCONTINUE USE IMMEDIATELY.

THIS AGREEMENT CONTAINS A BINDING ARBITRATION AGREEMENT IN SECTION 14 BELOW, AND BY ENTERING INTO THIS AGREEMENT YOU ARE WAIVING YOUR RIGHTS TO BRING ANY CLASS ACTION LAWSUIT, WAIVING YOUR RIGHTS TO BRING ANY COLLECTIVE ACTION, AND WAIVING YOUR RIGHTS TO A JURY TRIAL. THESE PROVISIONS ARE APPLICABLE TO ALL USERS. IF YOU DO NOT WISH TO WAIVE THESE RIGHTS, PLEASE FOLLOW THE OPT-OUT PROCEDURES DESCRIBED IN SECTION 14(h) BELOW.

The information provided on the App is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the App from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

Capitalized terms used herein will have the meanings ascribed to them in the Glossary.

1. INTRODUCTION, ELIGIBILITY AND APPLICATION PROCESS

You are applying to become part of the Program, which enables participants who meet the eligibility criteria for the Program and reside in an area where the Program is offered to rent a Vehicle from Hyundai. You will not obtain any ownership interest in the Vehicle. In order to obtain a Vehicle from Hyundai, you will be required to enter into a rental agreement with Hyundai (the “Rental Agreement”) and a GPS consent form (the “GPS Consent") with Hyundai, which will contain additional terms and conditions regarding your rental of the Vehicle. All Vehicles are subject to availability and the terms of your Rental Agreement and the GPS Consent.
To be eligible to rent a Vehicle and become a participant of the Program, you must (i) meet the eligibility requirements described in Schedule A ("Eligibility Requirements”) at the time of application and continue to meet the Eligibility Requirements during any Rental Period; (ii) complete the application through the App, including providing us with a copy of your driver's license so we may obtain your motor vehicle record and such other information and documentation that we may require (which may include providing us with any information required to perform a credit check) and (iii) have your application approved by us. Approval of your application and your participation in the Program is subject to our discretionary review of your information.

2. RENTAL PROGRAM SUMMARY

Your use and possession of a Vehicle will be subject to the terms set forth the applicable Rental Agreement and the GPS Consent. You understand that you will be renting the Vehicle for a 7-day rental period (subject to any renewal thereof) and will not obtain any ownership interest. You will be asked to inspect the Vehicle before you take possession. You will be required to use and maintain the Vehicle in accordance with the Rental Agreement, and to not take any action to cause the lapse of any insurance on the Vehicle. You must notify us immediately of any damage to or theft of the Vehicle and cooperate with us in connection with any police reports or insurance claims. Once the rental period has ended, you will be expected to return the Vehicle to the location we specify. Any failure to use, maintain or return the Vehicle as we required, or any failure to make any payment due to us will cause you to be in default. If you are in default, we will be able to exercise any remedies available to us, including repossession.

3. FEES AND CHARGES; PAYMENT TERMS

Fees and Charges. Your use of a Vehicle and participation in the Program will be subject to the payment of the fees and charges described in the Rental Agreement.
Authorization to Charge Payment Method. Any fees and charges payable in accordance with the Rental Agreement or this Agreement will be collected by us. To the extent permissible by law, you authorize us to charge the fees and charges due pursuant to the Rental Agreement or this Agreement to the payment method you have on file with us when due, without further consent from or notice to you.
Electric Vehicle Charging. You are responsible for all costs associated with charging the Vehicle's battery, including but not limited to public charging station fees, home charging costs, and any related service charges.
Payment Terms. Any fees and charges will be payable in accordance with the Rental Agreement or this Agreement, as applicable.

4. PRIVACY; TELEMATICS

Use of Confidential and Personal Information. We care about data privacy and security. Please review our Privacy Policy. Our Privacy Policy describes how we collect, use, share, and retain information, including personal information provided by you or obtained from third parties in connection with your use of the App and your participation in the Program. By clicking "Submit Information” and using this App and applying to the Program, you agree to be bound by our Privacy Policy, which is incorporated by reference into this Agreement and you acknowledge and agree that any information shared by, or collected from or about you may be used, stored, and shared by us in accordance with the terms of the Privacy Policy, as updated from time to time.
Telematics. The Vehicle is equipped with telematics technology, which collects and transmits information about the Vehicle and its usage, as received from the Motiva Technology and the OEM Technology (as such terms are defined in the Rental Agreement) pursuant to the terms of the Privacy Policy, the Rental Agreement and the GPS Consent. This information may include, but is not limited to, vehicle location (GPS), mileage, data regarding collisions and other safety events, battery charge level (for EVs), diagnostic data, and other telematics-related information.
Hosting Location. The App and related data services are hosted and processed in the United States. If you access the App from outside the United States, including from the European Union, Asia, or other regions of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, you acknowledge and consent that:
- Your information will be transferred to, stored in, and processed in the United States, and
- U.S. laws may not provide the same level of data protection as the laws in your jurisdiction.
By continuing to use the App, you explicitly consent to this transfer and processing of your personal data in the United States.

5. INTELLECTUAL PROPERTY

Unless otherwise indicated, the App is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the App (collectively, the "Content") and all trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, foreign jurisdictions, and international conventions. The Content and the Marks are provided on the App “AS IS” for your information and personal use only. Except as expressly provided in this Agreement, no part of the App and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
Upon clicking “Submit Information”, you are granted a limited, revocable, non-exclusive, non-transferable license to access and use the App solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the App, the Content and the Marks.

6. THIRD PARTY CONTENT

The App may contain (or you may be sent via the App) links to other websites ("Third-Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties ("Third-Party Content").

We do not control, investigate, monitor, endorse, or assume any responsibility for:

the accuracy, appropriateness, reliability, or completeness of any Third-Party Websites or Third-Party Content,
the privacy practices or data security measures of Third-Party Websites, or
any products or services offered by third parties.

Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the App and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk. This Agreement does not govern your use of such Third-Party Websites or Third-Party Content. You are responsible for reviewing the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the App or relating to any applications you use or install from the App. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your purchase or use of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.

7. REPRESENTATIONS

You represent and warrant that: (i) all application information you submit will be true, accurate, current, and complete; (ii) you will maintain the accuracy of such information and promptly update such information as necessary; (iii) you have the legal capacity and authority to enter into this Agreement and you agree to comply with this Agreement; (iv) you are not a minor in the jurisdiction in which you reside; (v) you will not access the App through automated or non-human means, whether through a bot, script, or otherwise; (vi) you will not use the App for any illegal or unauthorized purpose; and (vii) your use of the App will not violate any applicable laws or regulations.
If you provide any information that is false, inaccurate, outdated, or incomplete, or if you otherwise breach this Agreement, we reserve the right to suspend or terminate your account, refuse any and all current or future use of the App or participation in the Program, and pursue any other remedies available at law or in equity.

8. MODIFICATIONS; AVAILABILITY

We reserve the right to change, modify, or remove the content or features of the App at any time or for any reason at our sole discretion without prior notice. However, we have no obligation to update any content or information on the App. We also reserve the right to modify or discontinue all or part of the App without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the App.
We do not guarantee the App will be available at all times, or free from interruptions, errors, or delays.
The App may be unavailable due to:
1. maintenance, system failures, hardware or software issues, or
2. causes beyond our reasonable control (e.g., acts of God, third-party service interruptions).
You agree that we are not liable for any loss, damage, or inconvenience resulting from any downtime, suspension, or unavailability of the App.
Nothing in this Agreement obligates us to:
1. maintain or support the App, or
2. provide corrections, updates, or new releases.

9. TERM AND TERMINATION

Term. This Agreement shall commence at the time you first use the App or expressly agree to this Agreement by clicking "Submit Information” and will remain in full force and effect until such time that your participation in the Program is canceled or terminated as set forth in this Section.
Termination by Us. We may terminate this Agreement and your participation in the Program for convenience by providing you with at least 14 days' written notice. We may also terminate this Agreement and your participation in the Program immediately by providing you notice if you (i) fail to pay any fees due under this Agreement or the applicable Rental Agreement, (ii) breach any term or condition of this Agreement or the applicable Rental Agreement, or (iii) do not meet the Eligibility Requirements or cease to meet the Eligibility Requirements during any Rental Period.
Effect of Termination. Upon any expiration or termination of this Agreement, your participation in the Program and any and all rights you have to use a Vehicle will immediately terminate except to the extent a Rental Agreement provides otherwise, in which case, you may continue to use the Vehicle for the period provided by the applicable Rental Agreement (“Runoff Period”). During such Runoff Period, the terms and conditions of this Agreement will continue to apply. Upon expiration or termination of this Agreement or any Runoff Period, you will immediately return any Vehicles in accordance with the applicable Rental Agreement. You will remain responsible for any fees, costs, or expenses incurred prior to termination or expiration of this Agreement and during any Runoff Period. Upon termination or expiration of this Agreement, you hereby authorize us to charge your preferred payment method for all outstanding fees and charges. All terms and conditions that, by their nature, are intended to be performed after termination of this Agreement, will survive such termination. All fees and charges are non-refundable.

10. CORRECTIONS

There may be information on the App that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the App at any time, without prior notice.

11. DISCLAIMER

The following Section 11 is applicable if you are a resident of any state other than the States of Florida and West Virginia:

THE APP IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE APP AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE APP AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE APP'S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE APP AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (a) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (b) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE APP, (c) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (d) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE APP, (e) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE APP BY ANY THIRD PARTY, AND/OR (f) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE APP. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE APP, ANY HYPERLINKED WEBSITE, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. SOME STATES PROHIBIT LIMITATION OF WARRANTY RIGHTS OR REMEDIES.

The following Section 11 is applicable if you are a resident of the State of Florida:

The following Section 11 is applicable if you are a resident of the State of West Virginia:

WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE APP'S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE APP AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (a) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (b) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE APP, (c) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (d) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE APP, (e) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE APP BY ANY THIRD PARTY, AND/OR (f) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE APP. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE APP, ANY HYPERLINKED WEBSITE, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

12. INDEMNIFICATION

You agree to defend, indemnify, and hold us and Hyundai harmless, including our and Hyundai's subsidiaries, Affiliates, and all of our and Hyundai's respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, due to or arising out of: (a) breach of this Agreement; (b) any breach of your representations and warranties set forth in this Agreement; (c) your violation of the rights of a third party, including but not limited to intellectual property rights; (d) your negligence, willful misconduct or fraud; or (e) except as limited by applicable law, any loss, damage, injury or death arising from your use of or a third party's use of the Vehicle while the Vehicle is in your possession or your participation in the Program. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

13. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE OR HYUNDAI OR OUR, OR HYUNDAI'S DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT, YOUR USE OF THE APP OR PARTICIPATION IN THE PROGRAM, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE OR HYUNDAI OR OUR, OR HYUNDAI'S DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR (I) ANY LOSSES INCURRED OR SUSTAINED BY, OR IMPOSED UPON, YOU ARISING OUT OF OR RELATING TO YOUR CRIMINAL, WILLFUL, OR GROSSLY NEGLIGENT ACTIONS OR OMISSIONS IN CONNECTION WITH THIS AGREEMENT, THE OPERATION OF A VEHICLE, OR YOUR PARTICIPATION IN THE PROGRAM, (II) LOSS, DAMAGE, INJURY OR DEATH SUSTAINED BY YOU OR A THIRD PARTY ARISING FROM ANY OF THE VEHICLES OR YOUR PARTICIPATION IN THE PROGRAM, OR (III) ANY LOSS OR DAMAGE INCURRED BY YOU ARISING FROM OR IN RELATION TO THE OPERATION OR USE OF ONE OF THE VEHICLES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

14. DISPUTE RESOLUTION

PLEASE READ THE FOLLOWING SECTION CAREFULLY. IT REQUIRES YOU TO ARBITRATE ANY AND ALL DISPUTES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF. SECTION 14 OF THIS AGREEMENT SHALL BE REFERRED TO AS "THE ARBITRATION AGREEMENT."

Governing Law. This Agreement will be governed by and construed in accordance with the Federal Arbitration Act (Title 9 of the United States Code) (“FAA”), without regard to conflict of laws principles that would require the application of the laws of another jurisdiction. The parties expressly agree that this Agreement will be governed by the FAA even in the event you or we are otherwise exempted from the FAA. If for any reason the FAA does not apply, the state law governing arbitration agreements in the state in which you reside will apply.
Mutual Arbitration.
1. PLEASE READ THIS SECTION CAREFULLY. EXCEPT AS YOU MAY OTHERWISE CHOOSE PURSUANT TO THE TERMS AND CONDITIONS OF SECTION 14(c), ANY DISPUTE, CLAIM OR DISAGREEMENT ARISING OUT OF OR RELATING TO THIS AGREEMENT (A “DISPUTE") WILL BE RESOLVED EXCLUSIVELY BY INDIVIDUAL ARBITRATION. THE OBLIGATION TO SUBMIT ALL DISPUTES TO ARBITRATION WILL BE MUTUALLY BINDING UPON BOTH YOU AND US, AS WELL AS ON ANY THIRD PARTY BENEFICIARIES OF THIS ARBITRATION AGREEMENT, WHICH THIRD-PARTY BENEFICIARIES INCLUDE BUT ARE NOT LIMITED TO PROGRAM PARTICIPANTS. THE ARBITRATION, INCLUDING THE SELECTING OF THE ARBITRATOR, WILL BE ADMINISTERED BY THE ALTERNATIVE DISPUTE RESOLUTION PROVIDER, JAMS, PURSUANT TO ITS COMPREHENSIVE ARBITRATION RULES AND PROCEDURES (THE “RULES”) BY A SINGLE NEUTRAL ARBITRATOR AGREED UPON BY THE PARTIES WITHIN 30 DAYS OF THE COMMENCEMENT OF THE ARBITRATION. EITHER PARTY MAY INITIATE THE ARBITRATION PROCESS BY FILING THE NECESSARY FORMS WITH JAMS. TO LEARN MORE ABOUT ARBITRATION, YOU CAN CALL ANY JAMS OFFICE OR REVIEW THE MATERIALS AT WWW.JAMSADR.COM. IF JAMS IS UNABLE OR UNWILLING TO SERVE AS ADMINISTRATOR, THE PARTIES MAY AGREE UPON ANOTHER ADMINISTRATOR, OR, IF THEY ARE UNABLE TO AGREE, A COURT WILL DETERMINE THE ADMINISTRATOR. NO COMPANY MAY SERVE AS ADMINISTRATOR, WITHOUT THE CONSENT OF ALL PARTIES, IF IT ADOPTS OR HAS IN PLACE ANY FORMAL OR INFORMAL POLICY THAT IS INCONSISTENT WITH AND PURPORTS TO OVERRIDE THE TERMS OF THIS AGREEMENT. THE ARBITRATION WILL PROCEED IN ACCORDANCE WITH THIS ARBITRATION AGREEMENT AND THE ADMINISTRATOR'S RULES AND PROCEDURES IN EFFECT AT THE TIME OF COMMENCEMENT OF THE ARBITRATION, BUT IN THE EVENT OF A CONFLICT BETWEEN THE TWO, THE PROVISIONS OF THIS AGREEMENT WILL SUPERSEDE ANY AND ALL CONFLICTING ARBITRATION ADMINISTRATOR'S RULES OR PROCEDURES. THE ARBITRATION WILL BE HELD IN THE LOCATION THAT IS MOST CONVENIENTLY LOCATED TO YOUR HOME. THE PARTIES WILL EXCHANGE NON-PRIVILEGED INFORMATION RELEVANT TO THE DISPUTE BEING ARBITRATED. YOU MAY BE REPRESENTED BY LEGAL COUNSEL OF YOUR CHOICE IN CONNECTION WITH THE ARBITRATION, AT YOUR COST.
2. UNLESS APPLICABLE LAW PROVIDES OTHERWISE, AS DETERMINED BY THE ARBITRATOR, THE PARTIES WILL EQUALLY SHARE FILING FEES AND OTHER SIMILAR AND USUAL ADMINISTRATIVE COSTS, AS ARE COMMON TO BOTH COURT AND ADMINISTRATIVE PROCEEDINGS, SUCH AS COURT REPORTER COSTS AND TRANSCRIPT FEES, BUT YOUR SHARE OF SUCH FEES AND COSTS WILL NOT EXCEED THE FILING FEE TO FILE THE CASE IN A COURT OF COMPETENT JURISDICTION EMBRACING THE LOCATION OF THE ARBITRATION. WE WILL PAY ANY COSTS THAT ARE UNIQUELY ASSOCIATED WITH ARBITRATION, SUCH AS PAYMENT OF THE ARBITRATOR AND ROOM RENTAL.
3. THE ARBITRATOR WILL HAVE THE AUTHORITY TO AWARD ANY LEGAL OR EQUITABLE REMEDY OR RELIEF THAT A COURT COULD ORDER OR GRANT UNDER THIS AGREEMENT. THE ARBITRATOR, HOWEVER, IS NOT AUTHORIZED TO CHANGE OR ALTER THE TERMS OF THIS AGREEMENT OR TO MAKE ANY AWARD THAT WOULD EXTEND TO ANY TRANSACTION OTHER THAN YOURS. ALL STATUTES OF LIMITATIONS THAT ARE APPLICABLE TO ANY DISPUTE WILL APPLY TO ANY ARBITRATION BETWEEN US. THE ARBITRATOR MAY HEAR MOTIONS TO DISMISS AND/OR MOTIONS FOR SUMMARY JUDGMENT. ANY MOTION TO DISMISS AND/OR MOTION FOR SUMMARY JUDGMENT WILL BE GOVERNED BY THE STANDARDS OF THE FEDERAL RULES OF CIVIL PROCEDURE GOVERNING SUCH MOTIONS. THE ARBITRATOR MAY CONSIDER, BUT UNDER NO CIRCUMSTANCES IS THE ARBITRATOR BOUND BY, DECISIONS REACHED IN SEPARATE ARBITRATIONS. NO ARBITRATOR WILL HAVE THE POWER TO CONDUCT ARBITRATIONS ON ANY BASIS OTHER THAN AN INDIVIDUAL BASIS. IF AT ANY TIME THE ARBITRATOR OR ARBITRATION ADMINISTRATOR FAILS TO ENFORCE THE TERMS OF THIS AGREEMENT, EITHER PARTY MAY SEEK TO ENJOIN THE ARBITRATION PROCEEDING IN A COURT OF COMPETENT JURISDICTION, AND THE ARBITRATION WILL AUTOMATICALLY BE STAYED PENDING THE OUTCOME OF THAT PROCEEDING. THE ARBITRATOR WILL ISSUE A DECISION OR AWARD IN WRITING, BRIEFLY STATING THE ESSENTIAL FINDINGS OF FACT AND CONCLUSIONS OF LAW.
4. BECAUSE THE PARTIES HAVE AGREED TO ARBITRATE ALL DISPUTES (EXCEPT AS YOU MAY OTHERWISE CHOOSE IN ACCORDANCE WITH SECTION 14(c)), NEITHER OF US WILL HAVE THE RIGHT TO, AND EACH PARTY HEREBY WAIVES THE RIGHT TO, LITIGATE THAT DISPUTE IN COURT, OR TO HAVE A JURY TRIAL ON THAT DISPUTE, OR ENGAGE IN DISCOVERY EXCEPT AS PROVIDED FOR IN THE RULES OF THE ARBITRATOR. THE ARBITRATOR'S DECISION WILL BE FINAL AND BINDING ON THE PARTIES AND MAY BE ENTERED AND ENFORCED IN ANY COURT HAVING JURISDICTION, EXCEPT TO THE EXTENT IT IS SUBJECT TO REVIEW IN ACCORDANCE WITH APPLICABLE LAW GOVERNING ARBITRATION AWARDS. OTHER RIGHTS THAT YOU OR WE WOULD HAVE IN COURT MAY ALSO NOT BE AVAILABLE IN ARBITRATION.
Arbitrator's Authority. Only an arbitrator, and not any federal, state, or local court or agency, will have the exclusive authority to resolve any Dispute relating to the interpretation, applicability, enforceability, or formation of the mutual arbitration agreement set forth in Section 14, including without limitation any Dispute concerning arbitrability. However, the preceding sentence will not apply to any Dispute relating to or arising out of the Waiver (defined below) —including any claim that all or part of the Waiver is unenforceable, unconscionable, illegal, void, or voidable, or that a breach of such Waiver has occurred—which must proceed in a court of competent jurisdiction and cannot be heard or arbitrated by an arbitrator. All Disputes relating to or arising out of the payment of arbitration fees will be decided only by a court of competent jurisdiction and not by an arbitrator, and arbitration will automatically be stayed pending the outcome of that proceeding in court. In addition, all Disputes regarding the sufficiency or timeliness of arbitration demands will be decided by an individual arbitrator rather than an arbitration administrator. The parties agree that any and all due dates for arbitration fees will be tolled while the parties resolve a Dispute relating to or arising out of the Waiver, and/or the payment of arbitration fees.
Small Claims Alternative. As an alternative to arbitration under Section 14(b), you may choose to assert claims or disputes in small claims court in the county where you reside, provided that such claims qualify to be heard under the rules applicable to such small claims court.
Class, Mass, Collective, and/or Representative Action Waiver – Please Read. You and we further agree that, to the maximum extent allowable by law, by entering into this Agreement, you waive the right to have any claim brought, heard, administered, resolved, or arbitrated as a class, mass, collective, or representative action, and an arbitrator will not have any authority to hear or arbitrate any class, mass, collective, and/or representative action, or to award relief to anyone but the individual in arbitration (“Waiver”). This Waiver does not prevent you or us from participating in a class-wide settlement of claims.
Arbitration Demand. As part of our agreement to resolve Disputes by individual arbitration, you agree not to have your arbitration demand filed or prosecuted by a law firm or collection of law firms that has filed more than 25 arbitration demands of a substantially similar nature against us within 180 days of your arbitration demand, if the law firm or collective of law firms seeks to simultaneously or collectively administer or arbitrate all the arbitration demands together. If more than 25 arbitration demands of a substantially similar nature are filed against us by the same law firm or collection of law firms within 180 days of one another, each arbitration demand must be filed, administered, arbitrated, and resolved in an individual manner. If this subsection is deemed to be unenforceable, it will be severed from this Agreement such that the remainder of this Agreement will be enforceable to the fullest extent permitted by law.
Right To Consult With an Attorney. You have the right to consult with private counsel of your choice, at your own expense, with respect to any aspect of, or any Dispute that may be subject to, this Agreement.
Right to Opt Out – Please Read. Arbitration is not mandatory, and therefore you may opt out of this agreement to arbitrate. In order to opt out, you must notify us of your intention to opt out by submitting to us a written notice stating that you are opting out of arbitration. This written notice must be signed by you, and not any attorney, agent, or other representative of yours. In order to be effective, your opt-out notice must be postmarked or received by us within 30 days of your acceptance of this Agreement. If you opt out as provided in this subparagraph, you will not be subject to any adverse action as a consequence of that decision and may pursue available legal remedies without regard to this Section 14. If you do not opt out within 30 days of your execution of this Agreement, your failure to do so will constitute mutual acceptance of the terms of this Section 14. Your opt-out notice must be sent tohelp@launchmotiva.io if transmitted electronically, or Motiva Ventures Inc., c/o Polsinelli PC, 1201 West Peachtree St., Suite 1100, Atlanta, GA 30309 if mailed.
1. If you opt out of arbitration and at the time of your receipt of this Agreement you were bound by an existing agreement to arbitrate Disputes arising out of or relating to your relationship with us, then that existing arbitration agreement will remain in full force and effect, and either party may follow the procedures in that existing arbitration agreement to resolve in individual arbitration the parties' Disputes arising out of or relating to such existing agreement to arbitrate.
2. You may only opt out on behalf of yourself. A written notice submitted to us indicating your intention to opt out may apply, at most, to you. You (and your agent or representative) may not effectuate an opt-out on behalf of other individuals.
3. Your decision to opt out of this arbitration provision will relieve you only of your obligation to arbitrate the Disputes specified in this Agreement, and does not relieve you of any obligation to arbitrate Disputes not specified in this Agreement that might arise under any other agreement with us to which you may be bound as a customer. Similarly, your decision to opt out of another arbitration provision contained in any other agreement will not relieve you of your obligation to arbitrate Disputes pursuant to this Agreement.
ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Using the App, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the App, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE APP. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

15. CHANGES TO THIS AGREEMENT

We reserve the right, in our sole discretion, to make changes or modifications to this Agreement at any time and for any reason. If we make any changes to this Agreement, we will notify you as appropriate, such as notifying you by email, displaying a prominent notice on the App, or requiring you to agree to the revised Agreement. It is your responsibility to periodically review this Agreement to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Agreement by your continued use of the App after the date such revised Agreement is posted.

16. MISCELLANEOUS

This Agreement and any policies or operating rules posted by us in the App or in respect to the App constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of this Agreement is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of this Agreement or use of the App. You agree that this Agreement will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of this Agreement.

17. CONTACT US

In order to resolve a complaint regarding the App or to receive further information regarding use of the App, please contact us at: help@launchmotiva.io.

GLOSSARY

“Affiliate” means, with respect to any entity, any other present or future entity that at any time, directly or through one or more intermediaries, Controls, is Controlled by or is under common Control with such entity or its successors.
"Agreement” has the meaning set forth in the preamble.
"App” has the meaning set forth in the preamble.
“Content” has the meaning set forth in Section 5(a).
“Control” and its derivatives means with respect to any entity either: (i) the ability to direct the management or policies of such entity, or (ii) the legal, beneficial or equitable ownership, directly or indirectly, of 50 percent or more of the capital stock (or other ownership interest, if not a corporation) ordinarily having voting rights of such entity.
"Eligibility Requirements” has the meaning set forth in Section 1(b).
“FAA” has the meaning set forth in Section 14(a).
“Hyundai” means Hyundai Auto Lease Offering, LLC or its Affiliates.
"Marks” has the meaning set forth in Section 5(a).
"Motiva Technology” has the meaning set forth in Section 4(b).
"OEM Technology” has the meaning set forth in Section 4(b).
"Program” has the meaning set forth in the preamble.
"Program Participants” means Hyundai and the insurer that provides coverage under the Program.
"Rental Agreement” means the rental agreement between you and Hyundai for the rental of a Vehicle.
"Rental Period” means the 7 day rental period (and any renewal thereof) for a Vehicle.
"Rules" has the meaning set forth in Section 14(b)(i).
"Runoff Period” has the meaning set forth in Section 9(c).
"Third-Party Content” has the meaning set forth in Section 6.
"Third-Party Website” has the meaning set forth in Section 6.
“Vehicle” means an automobile made available by Hyundai in connection with the Program.
"Waiver” has the meaning set forth in Section 14(e).
“we”, “us”, or “our” has the meaning set forth in the preamble.
"you" or "your” has the meaning set forth in the preamble.

SCHEDULE A
ELIGIBILITY REQUIREMENTS

To be eligible to participate in the Program and rent a Vehicle, you must:

Be at least 25 years of age (18 years of age in the State of New York), or the minimum age required by applicable state law if such age is less than 25.
Good driving record with no more than 3 minor violations in the past 3 years, and no major violations in the past 3 years
Valid major credit card in your name with available credit (not applicable in the State of Connecticut or New York).
Valid US driver's license in your state of residence.
Have a minimum FICO credit score of 625.
Authorized Uber driver