MOBILE DEVICE AND DATA SERVICE USE POLICY
Last Updated: September 4, 2014
Flywheel reserves the right to modify Flywheel’s Mobile Device and Data Service Use Policy at any time, effective upon posting of an updated version of this Policy on its website. You are responsible for regularly reviewing and at all times, complying with this Policy. Your continued use of Flywheel’s products and services after any such changes shall constitute your consent to such changes.
Driver Agreement. You have entered into a Driver Agreement with Flywheel, and pursuant to Flywheel’s agreement with your Fleet Operator (as defined in your Driver Agreement) and your Driver Agreement, Flywheel has agreed to make its Flywheel products and services (the "Flywheel Service"), which enables passengers who have registered as users of the Flywheel Service ("your Passengers") to hail vehicles for hire using the Flywheel Service and enables you to accept hails from your Passengers using smartphones pre-loaded with the Flywheel Service (including accessories, the "Mobile Device"), available to you on a non-exclusive basis during the term of your Driver Agreement. Flywheel has provided the Mobile Device together with wireless data service (no voice) for such device only ("Data Service") to you, directly or through your Fleet Operator.
Responsibility for Costs. You are responsible for any fees payable by you under your Driver Agreement and this Policy, any unauthorized Mobile Device.
Mobile Device Use; Ownership. You may use the Mobile Device and the Data Service solely for your use of the Flywheel Service subject to your compliance with your Driver Agreement and this Policy. The Mobile Device shall at all times remain the exclusive property of Flywheel.
Prohibited Uses; Unauthorized Use Charges. You shall not permit the Mobile Device or the Data Service to be used for any illegal or unauthorized purpose or for any other purpose other than your use of the Flywheel Service in accordance with your Driver Agreement and this Policy. You shall not permit any Mobile Device to roam outside the United States. You are responsible for any fees or other charges for usage of the Mobile Device and the Data Service not in compliance with your Driver Agreement and this Policy.
Replacement of Defective Mobile Device. If the Mobile Device is defective, you agree to immediately notify your Fleet Operator and provide the defective device to your Fleet Operator. If your Fleet Operator and Flywheel determine that the Mobile Device defect is due to an issue not caused by a human act or omission, then your Fleet Operator will provide you with a replacement Mobile Device at no cost to you.
Damage, Loss or Theft. You assume all risk of damage to or loss or theft of the Mobile Device from and after your receipt of the Mobile Device. You agree to maintain the Mobile Device in good working condition. You shall immediately notify your Fleet Operator of any damage to or loss or theft of the Mobile Device. In the event of any such damage, loss or theft, then Flywheel will charge you a $300 replacement fee.
Return of Mobile Device. Upon expiration or termination of your Driver Agreement, you agree to return the Mobile Device, including its accessories, to your Fleet Operator within two business days following such expiration or termination. If you fail to return the Mobile Device, you shall be liable for such Mobile Device’s replacement cost and any early termination fees for such Mobile Device’s Data Service.
Limited Warranty; Disclaimer. FLYWHEEL MAKES NO WARRANTIES REGARDING THE MOBILE DEVICE AND DATA SERVICE. THE FLYWHEEL SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. You agree that you will make no warranty, guarantee or representation, whether written or oral, with respect to the Flywheel Service or on behalf of Flywheel. FLYWHEEL, ON BEHALF OF ITSELF AND ITS LICENSORS, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, BASED ON COURSE OF DEALING OR USAGE OF TRADE, OR OTHERWISE, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. FLYWHEEL MAKES NO WARRANTY THAT THE FLYWHEEL SERVICE, THE MOBILE DEVICE OR THE DATA SERVICE WILL MEET THE REQUIREMENTS OF YOU OR YOUR PASSENGERS OR WILL BE UNINTERRUPTED, VIRUS-FREE, SECURE, LEGAL OR ERROR- FREE.