Terms of Service

These Terms of Service ("Terms") govern your access to and use of the Autaire platform ("Platform"), operated by Autaire("we," "our," or "us"). By creating an account or using the Platform, you agree to be bound by these Terms.

If you are accessing the Platform on behalf of a business entity, you represent that you have authority to bind that entity to these Terms.

We reserve the right to modify these Terms at any time. We will provide notice of material changes. Continued use of the Platform after changes take effect constitutes acceptance of the revised Terms.

The Platform is available only to independent vehicle rental operators and businesses. You must be at least 18 years of age, legally able to form a binding contract, and operating a lawful business to use the Platform. Access is granted by application and at our sole discretion.

You are responsible for maintaining the security of your account credentials and for all activity occurring under your account. Notify us immediately at support@autaire.com if you suspect unauthorized access.

The Platform provides software tools for vehicle rental operators, including but not limited to: booking management, payment collection via Stripe, e-sign rental contract generation and delivery, renter identity verification, toll and charge tracking, fleet management, staff access management, social media integration, and email marketing tools.

We are a software platform, not a vehicle rental company, insurer, or financial institution. We do not own or operate any vehicles. Operators are solely responsible for their rental operations, their renters, their vehicles, and compliance with all applicable laws.

As an Operator, you are solely responsible for:

• —Compliance with all federal, state, and local laws governing vehicle rental operations in your jurisdiction
• —Maintaining appropriate business licenses and insurance for your vehicles and operations
• —The accuracy and legality of rental contracts generated through the Platform
• —Properly obtaining consent from Renters before collecting their personal information, including ID documents
• —Complying with applicable privacy and data protection laws in your treatment of Renter data
• —Resolving any disputes with Renters directly
• —Ensuring that deposit holds and charges initiated through the Platform comply with applicable payment regulations and Stripe's terms

The Platform provides tools to assist Operators in collecting and verifying renter identification. These tools are provided as a technological aid. Autaire makes no representation or warranty that any identity verification conducted through the Platform is legally sufficient for any particular purpose, prevents fraud, or satisfies any regulatory requirement. Operators are solely responsible for determining the sufficiency of verification procedures for their operations.

[REVIEW: Confirm this language with counsel given applicable state ID/biometric laws.]

6.1 Subscription Fees

Access to the Platform is billed on a monthly subscription basis at the tier selected during sign-up. Fees are charged in advance. All fees are non-refundable except as required by law or expressly stated in these Terms.

6.2 Payment Processing

We use Stripe, Inc. to process subscription payments. Your use of Stripe's services is governed by Stripe's terms of service. You must maintain a valid payment method on file to keep your account active.

6.3 Renter Payments

Renter deposits, holds, and charges are processed through Stripe Connect on behalf of Operators. Autaire is not a party to payment transactions between Operators and their Renters. Any disputes regarding Renter charges are between the Operator and the Renter.

6.4 Price Changes

We reserve the right to change subscription pricing with at least 30 days' notice. Continued use of the Platform after the effective date of a price change constitutes acceptance.

The Platform generates rental agreement templates that Operators may send to Renters for electronic signature. These templates are provided as a starting point and convenience. Autaire does not provide legal advice. Operators are solely responsible for ensuring that their rental contracts are legally valid and enforceable in their jurisdiction. We strongly recommend Operators have their rental agreement templates reviewed by a licensed attorney.

You agree not to use the Platform to:

• —Violate any applicable law or regulation
• —Collect or process personal information without lawful basis or required consent
• —Facilitate fraudulent transactions or identity theft
• —Reverse engineer, copy, or create derivative works of the Platform
• —Interfere with the integrity or performance of the Platform
• —Access the Platform by any means other than through the interfaces we provide
• —Use the Platform for any purpose other than legitimate vehicle rental operations

The Platform and all associated software, designs, trademarks, and content are owned by Autaire or our licensors. These Terms do not grant you any intellectual property rights in the Platform beyond the limited right to use it as described herein.

You retain ownership of your own data and content that you upload to the Platform. You grant us a limited license to store, process, and display that data solely as necessary to provide the Platform to you.

The Platform may give you access to confidential information about the operation of our systems or other Operators. You agree not to disclose such information to third parties and to use it only for the purpose of operating your rental business through the Platform.

These Terms are effective from the date you first access the Platform and continue until terminated. Either party may terminate at any time with written notice. We may suspend or terminate your account immediately if you breach these Terms, fail to pay fees when due, or engage in activity that poses legal or security risk to us or other users.

Upon termination, your right to access the Platform ceases. Sections that by their nature should survive termination (including Sections 9, 12, 13, and 14) will continue in effect.

THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AUTAIRE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, DATA LOSS, OR REPUTATIONAL HARM, ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE PLATFORM, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL LIABILITY FOR ANY CLAIM ARISING FROM THESE TERMS OR YOUR USE OF THE PLATFORM SHALL NOT EXCEED THE FEES YOU PAID TO US IN THE THREE MONTHS PRECEDING THE CLAIM.

[REVIEW: Confirm enforceability of liability cap in your jurisdiction.]

You agree to indemnify, defend, and hold harmless Autaire and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or related to: your use of the Platform; your rental operations; your treatment of Renter data; your breach of these Terms; or your violation of any applicable law.

These Terms are governed by the laws of [REVIEW: Insert state of incorporation/governing law], without regard to conflict of law principles.

[REVIEW: Insert binding arbitration clause, class action waiver, or court jurisdiction provision as advised by counsel.]

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Autaire regarding the Platform. If any provision is found unenforceable, the remaining provisions will continue in full force. Our failure to enforce any provision is not a waiver of that provision. You may not assign your rights under these Terms without our prior written consent.

Questions about these Terms may be directed to: