Updated March 2023

This Subscription Agreement, including these Terms and Conditions, the Schedules and the Rules (collectively, and as amended, modified or supplemented from time to time, this “Subscription Agreement” or “Agreement”), sets forth the terms and conditions of a contract between Motor EV, Inc. and you for participation in the Program (defined below) and for the use and custodianship of our vehicles. By accepting this Agreement, as it may be amended from time to time as provided below, you accept and agree to comply with the terms and conditions set forth below.

 

TO DRIVE OUR VEHICLES, USE OUR SOFTWARE AND APPLICATIONS, AND PARTICIPATE IN THE PROGRAM, YOU HAVE TO ACCEPT AND AGREE TO THIS ENTIRE AGREEMENT. YOU CANNOT PICK AND CHOOSE CERTAIN PROVISIONS TO AGREE TO AND YOU CANNOT MODIFY THIS AGREEMENT IN ANY WAY. OUR CUSTOMER SERVICE REPRESENTATIVES DO NOT HAVE THE POWER OR AUTHORITY TO AGREE WITH YOU TO ANY MODIFICATION TO, OR WAIVER OF, ANY PROVISION OF THIS AGREEMENT. YOU MUST NOT RELY ON ANY SUCH PURPORTED MODIFICATION OR WAIVER.

 

By entering into this Agreement and applying to participate in the Program, you represent and warrant to us that you have had an opportunity to carefully review this Agreement and all of its terms (including all Schedules) in full, that you have received all explanations that you may have reasonably requested concerning the content of this Agreement, and that you understand your commitments hereunder and agree to comply with the current terms of this Agreement. You confirm that you have not relied on any advice, information, representation, assertion, guarantee, warranty, collateral contract, or other assurance, except those expressly set out in this Agreement. You also represent that you have read and understand our Privacy Policy (located [here – https://ev.trymotor.com/our-privacy-policy] ), and you agree that any information provided by, or collected from or about, you may be used by us in accordance with the terms of our Privacy Policy, as it may be amended from time to time.

 

IMPORTANT ARBITRATION NOTICE: Please be advised that this Agreement contains an arbitration provision that governs how disputes between you and Motor (defined below) are to be resolved (see Section 12 (Binding Arbitration) below). Except for certain limited types of disputes mentioned in that arbitration provision, you and Motor agree that disputes between you and Motor will be resolved by mandatory binding arbitration, and that you waive any right to participate in a class-action lawsuit or class-wide arbitration. You have an opportunity to opt out of the arbitration provisions by providing notice to Motor via email as described in (and within the time limitations set forth in) Section 12 (Binding Arbitration) below.

 

If you have any questions regarding this Agreement, please contact us via email at support@trymotor.com or by telephone at +1-833-MOTOR-EV (+1-833-668-6738).

 

1.         Definitions

 

In this Agreement, the following definitions apply:

 

“AAA” has the meaning set forth in Section 12.

“Account” means a Subscriber’s account with us in respect of the Program.

“Additional Electrical Components” has the meaning set forth in Section 6.

“Agreement” or “Subscription Agreement” have the meaning set forth in the preamble above, and include any such materials whether made available in print or electronically through our Website or the Mobile App.

“Charger” has the meaning set forth in Section 5.

“Charger Installation Cap” has the meaning set forth in Section 5.

“Charger Installation Conditions” has the meaning set forth in Section 5.

“Diminished Value” or “Loss of Use” have the meanings set forth in Section 7.

“Entity Member” has the meaning set forth in Section 12.

“Extension Period” has the meaning set forth in Section 4.

“Insurance” has the meaning set forth in Section 6.

“Mileage Allowance” has the meaning set forth in Section 5.

“Mobile App” means our mobile application (and any replacement thereof) maintained by Motor in connection with the Program and the Services.

“Motor” (or “we”, “our” or “us”) means Motor EV, Inc. or any of our subsidiaries.

“Motor Utility Partner” means a utility with whom Motor has partnered in order to gain access for Subscribers to managed charging and other services provided by the utility.

“OEM” means original equipment manufacturer.

“OEM Specific Networked Chargers” means chargers that are part of a network of publicly available charging stations for use by specific models sold by a particular OEM.

“PIP” has the meaning set forth in Section 6.

“Program” means the Motor Drive subscription program, which enables pre-approved subscribers to have continuous access to Vehicles, subject to availability and in accordance with the terms and conditions of this Agreement.

“Promotion” means any promotional materials listed by Motor for use of members.

“Rules” means all of our rules, requirements, policies and procedures related to your use of our Vehicles and participation in the Program, whether set forth in this Agreement, appearing elsewhere on our Website or otherwise issued from time to time by us, each as amended, modified or supplemented from time to time.

“Schedules” means all the schedules, rate plans and policies referenced in or incorporated into this Agreement, including without limitation the Rules of Use Schedule attached hereto, the Fees and Rates Schedule attached hereto and the Privacy Policy (located here – https://ev.trymotor.com/our-privacy-policy), each as amended, modified or supplemented from time to time.

“Secondary Driver” means any person, whether a family member or otherwise, who is authorized by you, and approved by us pursuant to the Rules of Use Schedule, to drive our Vehicles and participate in the Program under your Account with us and under the terms of this Agreement. You may have to pay fees for each Secondary Driver, and they will have to meet the same eligibility criteria that we require for all of our drivers.

“Services” means any and all services provided or offered by Motor or any of its affiliates to you in connection with the Program, including without limitation any Vehicle usage, maintenance and related services and any and all usage of the Vehicles, the Mobile App and the Website.

“Service Areas” has the meaning set forth in the Rules of Use Schedule.

“Subscriber” means any person who applies for the Program, satisfies the eligibility criteria in Section 2 of this Agreement and is selected and accepted by Motor, in its sole discretion, upon satisfaction of the eligibility requirements set forth in this Agreement and any other criteria Motor chooses to use.

“Subscriber Data” means any and all information that a Subscriber may disclose to Motor through the use of the Website, the Mobile App or otherwise in connection with the Program and the Services, including any information provided by a Subscriber as part of the Motor subscription application process or the Account and any information provided by a Subscriber to us by email, over the telephone, or by other means.

“Subscription” means your participation as a Subscriber, as approved by Motor, pursuant to the terms of this Agreement and for the duration of the Subscription Period.

“Subscription Fee” has the meaning set forth in Section 5.

“Subscription Period” means the period of time beginning with the time that a Vehicle is delivered to you and continuing for the period of time during which you maintain an active subscription in the Program.

“Usage Period” means the period of time beginning with the time that a Vehicle is delivered to you and ending with the time that such Vehicle is either returned to or recovered and checked in by us.

“Vehicle” means any of the vehicles in the fleet provided by Motor EV, Inc. and made available for use by authorized Subscribers in the Program.

“Website” means the website (and any replacement thereof) maintained by Motor in connection with the Program and the Services, which is currently www.ev.trymotor.com.

“You” means the person who signs (or otherwise accepts) this Agreement and who is responsible for all fees, charges and other costs associated with the subscription for participation in the Program under this Agreement, including application fees, periodic Subscription Fees, driving charges and other costs or fees that may be indicated in the Rules and Schedules from time to time.

 

2.       Eligibility

 

To be eligible to drive our Vehicles and participate in the Program, you (and any Secondary Driver) must:

 

• be at least 25 years of age;
• be a United States citizen;
• hold a valid credit or debit card;
• hold a driver’s license valid for use in the jurisdictions in which you will use our Vehicles;
• have a driving history that meets our then current eligibility requirements, which include having no major driving infractions or accidents and a low-risk insurable record; and
• accurately, truthfully and fully complete our application, deliver all information and documents that we may request in the application process or otherwise, and have your application accepted by us.

 

Please note that acceptance of your application is subject to our approval, and your subscription may be denied or, even if it is accepted, it can thereafter be terminated, based upon criteria established from time to time by us or our insurance providers or for any other reason or no reason at all. You acknowledge that the approval or denial of your application or the decision to terminate it will be at our sole discretion. In addition, even if we approve your application and have not terminated it, you may be restricted from driving certain Vehicles based upon your driving history and experience or the type of vehicle class that you have selected.

 

You agree to provide to and maintain with us your current email address, your current mobile phone number, your current mailing address and all other account information, including your current credit card or debit card information. You also agree, pursuant to the separate authorization completed with your subscription application, that from time to time at our sole discretion, we or our service providers can request your consumer report, including but not limited to your credit score and report and driving history.

 

By applying to participate in the Program, you authorize us to obtain your driving records from the jurisdiction that issued your driver’s license and any other jurisdiction that we desire. If you do not have a driver’s license from the jurisdiction in which you reside, failure to get one when required by applicable law will constitute your breach of this Agreement. You consent to and authorize Motor, to the fullest extent permitted under applicable law, to from time to time check your driving records, and you agree to provide any further authorization as may be requested by Motor to provide access to such driving records. We may at any time require you to demonstrate compliance with the licensing laws of your jurisdiction of residence and/or impose further policies regarding the obligation to be licensed in your jurisdiction of residence. We reserve the right to request additional information from you, such as a copy of your current and valid driver’s license, a current picture of yourself taken with your cell phone, a passport and/or proof of address at any time and from time to time. You agree to promptly provide any such requested information or documentation to us. In the event you fail to do so, we may, at our sole discretion, suspend, constrain or terminate your right to drive our Vehicles and participate in the Program.

 

As a condition to us agreeing to allow you to drive our Vehicles, you must maintain a good driving record. If you do not continue to meet our eligibility requirements, we reserve the right, at our sole discretion, to suspend, constrain or terminate your right to drive our Vehicles and participate in the Program. If your license is suspended or revoked or becomes invalid, or if you have any further endorsements or accidents on your driving record, or if you are convicted of or receive a citation for any driving infraction including driving under the influence of alcohol or drugs, dangerous or reckless driving or exceeding the relevant speed limit, you agree to report such suspension, revocation, changes, conviction or citation to us promptly. Please be advised that, among other things, such events, or the failure to notify us promptly of any such events, may lead to you not being covered by our insurance policy when driving our Vehicles and will give us the right to immediately terminate your Subscription.  YOU HEREBY WAIVE AND RELEASE MOTOR FROM ANY LIABILITY, HARM OR LOSS SUFFERED AS A RESULT OF LAPSE IN INSURANCE COVERAGE CAUSED BY YOUR FAILURE TO COMPLY WITH THIS PARAGRAPH.

 

3.            Account and data use

 

Your Account: You are solely responsible for your Account, including all associated charges and fees, even if incurred by others with or without your permission or knowledge, to the extent these charges occur before you notify us of such unauthorized access. We may require that you update your Account password and/or username from time to time. You agree that you will not register more than one Account with us without our prior written consent. We reserve the right to access your Account at any time for any reason, including but not limited to the following: for servicing and maintenance; if you engage in or have engaged in conduct or driving behavior that we, in our sole discretion, determine to be unauthorized, fraudulent, negligent, offensive, abusive or otherwise unacceptable; if we experience any problems with your payment card or if you do not pay any amount owed to us when due; or to provide, maintain, and improve the Program.

 

Subscriber Data: You represent and warrant that your Subscriber Data is complete and accurate to the best of your knowledge. You represent and warrant that you are the owner and/or primary user of all cellular telephone numbers you provide to us, and that you are the holder of all driver’s license information shared with us. If your personal information (such as your phone number) changes, you will promptly notify us. For more information about how we use your Subscriber Data, please consult our Privacy Policy (located [here – https://ev.trymotor.com/our-privacy-policy]).

You expressly consent and agree to us using your driver’s license information, and all other Subscriber Data, including your telephone number, and providing it to our affiliates and our services team to allow us to provide and facilitate the Program, including to verify the accuracy of any personal information you submit to us and to help prevent fraud. You expressly consent and agree that we may email you or place calls and send text messages to any cellular (or non-cellular) telephone number provided to Motor by you or anyone purporting to act on your behalf, including through the use of an automatic emailing, texting and/or telephone dialing system and calls utilizing artificial and pre-recorded voices and/or messages, for any purpose related in any way to your Subscription, including, without limitation: as part of the application or vehicle delivery process; for any matter related to your use of a Vehicle; for any billing or accounting matters; for Subscriber service inquiries or responses thereto; and/or for promotional or marketing communications. You are not required to agree to receive promotional or marketing call, text messages or emails in order to use the Program or Services. Motor is not responsible for any fees assessed by the Subscriber’s cellular (or non-cellular) telephone provider for receipt of text messages or calls. By communicating with Motor you are consenting to the recording or monitoring of any such communications.

Your Notification Responsibilities: During your Subscription Period, you agree to immediately discontinue use, and cause any Secondary Drivers to discontinue use, of the Vehicles and promptly notify us in writing (see Section 13 relating to delivery of notices to Motor) if you or any such Secondary Drivers fail to meet or continue to meet any of our eligibility criteria set forth in this Agreement, and as required by the Rules of Use Schedule (see the Section “Notifying Us of Changes to Your Account”).

 

4.         Basic terms of use of our Vehicles and Program participation

 

You understand and agree that we are and will continue to be the owner of all Vehicles and other items that we provide to you during the term of this Agreement, including specifically and without limitation, all tangible items that are provided to you with those Vehicles (such as electronic toll passes, portable electric car chargers (other than any Charger which shall hereafter become your property pursuant to the terms of this Agreement under the circumstances set forth herein) and other vehicle accessories), and all software, applications and other intangible items that we provide to you (or that we otherwise use) in connection with our Vehicles, the Program and any Services we provide thereunder. Your use of, and rights in relation to, any Vehicle or item provided by us under this Agreement are limited to those rights of use stated in this Agreement and subject to the terms and conditions of this Agreement, including payment of the fees described in Section 5 below. You are not acquiring any ownership interest in any Vehicle or other personal or other property (other than any Charger which shall hereafter become your property pursuant to the terms of this Agreement under the circumstances set forth herein).

 

5.         Fees and your responsibilities

 

One-Time Activation Fee: If we approve your Subscription, you authorize us to charge your credit or debit card or bank account with a one-time activation fee.  The Fees and Rates Schedule attached hereto describes where you can locate our current activation fees. This charge will be processed on the day of the delivery of your Vehicle.

 

Subscription Fee: If we approve your Subscription, you may choose to commit to a 30-day or 120-day Subscription Period (we sometimes refer to you in this Subscription Agreement as a “30-day Subscriber” or a “120-day Subscriber”, respectively, based on your initial selection). A 30-day Subscriber may later revise their selection and become a 120-day Subscriber with a 120-day Subscription Period that will begin when their then-current 30-day period expires (it being understood that no portion of a Subscription Period which occurs before you become a 120-day Subscriber would count towards satisfaction of your 120-day commitment). Whether you are a 30-day or 120-day Subscriber, you will pay a periodic “Subscription Fee” for each 30-day period within your Subscription Period, in the applicable amount for your participation in the Program, which will cover your usage of a Vehicle and use of the Services for such period based on the plan you select.  The Fees and Rates Schedule attached hereto describes where you can locate our current applicable Subscription Fees for participation in the Program.  We will charge your credit or debit card or bank account the Subscription Fee for the first 30-days of your Subscription Period upon the first day of such Subscription Period. Following this initial 30-day period, we will charge your credit card, debit card or bank account the Subscription Fee on the first day of any subsequent 30-day period within your Subscription Period. The Subscription Fee is payable even if you do not have possession of and/or use a Vehicle on all or any of the days in the 30-day period such Subscription Fee covers.

 

Unless and until you cancel your Subscription with us in accordance with the procedures set forth in this Agreement, or this Agreement is otherwise terminated, your Subscription will automatically renew for additional 30-day periods, in which case we will then promptly charge your Account automatically for the Subscription Fee for the next 30-day period.

 

30-Day Subscribers: If you are a 30-day Subscriber, the Subscription Period for a Vehicle shall initially be 30 days. Unless you return your then-current Vehicle before the end of the initial 30-day period, the Subscription Period will automatically continue for an additional 30-day period (and each such additional 30-day period, and any successive renewal period, will automatically continue for an additional 30-day period, unless you return your then-current Vehicle before the end of such additional 30-day period) (each such additional period, an “Extension Period”), provided that: (1) we may require you to return, or make available, the Vehicle for inspection upon reasonable request by Motor during or at the end of the initial 30-day period or any Extension Period and (2) you must return or exchange the Vehicle at any time upon our request. Any taxes, fees, and other charges payable for the initial 30-day period may be subject to change during any subsequent 30-day Extension Period.

 

120-Day Subscribers: If you are a 120-day Subscriber, the Subscription Period for a Vehicle shall initially be 120 days. Unless you return your then-current Vehicle before the end of the initial 120-day period, the Subscription Period will automatically continue for an additional 30-day period (and each such additional 30-day period, and any successive renewal period, will automatically renew for an additional 30-day period, unless you return your then-current Vehicle before the end of such additional 30-day period) (each such additional period, an “Extension Period”), provided that: (1) we may require you to return, or make available, the Vehicle for inspection upon reasonable request by Motor during or at the end of the initial 120-day period or any Extension Period and (2) you must return or exchange the Vehicle at any time upon our request. Any taxes, fees, and other charges payable for the initial 120-day period may be subject to change during any subsequent 30-day Extension Period.

 

Mileage Allowance Fee:  Your subscription includes a 1,200 mile monthly Mileage Allowance. You agree not to exceed the stated Mileage Allowance. If you exceed the agreed Mileage Allowance, you will be required to pay excess mileage fees, and we will charge your credit or debit card or bank account any excess mileage fees according to the rate outlined in our Mobile App and our Website.

 

Cancellation Fee: If you are a 30-day Subscriber, you are not required to pay for cancelling your Subscription Period, your Subscription or your usage of any of the Services. If you are a 120-day Subscriber and have not paid all Subscription Fees for each of the four 30-day periods in the first 120 days of your Subscription Period, you will be required to pay all unpaid fees, and we will charge your credit or debit card or bank account upon your cancellation, any unpaid Subscription Fee with respect to any of the four 30-day periods in the first 120 days of your Subscription Period. Furthermore, in no event will we issue any refunds or pro-rate any portion of any fees paid prior to cancellation, including any Subscription Fee, whether you are a 30-day Subscriber or a 120-day Subscriber.

 

Swap Fee: If you request to exchange the Vehicle you are driving to a different Vehicle, Motor may elect to charge a $100 Swap Fee at its sole discretion.

 

Other Charges; Payment Method: You are required to pay all fees and costs incurred (including fees and costs incurred by any Secondary Drivers on your Account) when due, including, without limitation, (a) Subscription Fees (which are automatically charged when due, as stated above); (b) sales and other taxes, levies, surcharges, and fees; (c) refueling costs; (d) toll fees (as further described in the Rules); (e) moving, parking, photo enforcement and other violations, and related fines, fees, and taxes (as further described in the Rules); (f) reasonable costs arising from one of our Vehicles being returned or left at any location other than the location that we specify for your authorized return or exchange of the Vehicle; (g) towing, storage, and impound fees; (h) all costs we incur collecting payment from you or otherwise enforcing our rights under this Agreement, including reasonable attorneys’ fees; (i) any excess mileage fees (if applicable); and (j) other costs and fees as provided in the Rules and Schedules. You will be billed for all amounts due via a credit or debit card or any other means that we agree to. You agree to ensure that your payment card information is always up to date and has sufficient limits available to pay any amount you owe to us. If your Account is past due or if your credit or debit card provider rejects any payment that is owed to us, then your use of our Vehicles and participation in the Program may be terminated by us. If there are ongoing issues with credit or debit card billings, then your use of our Vehicles and participation in the Program may be terminated immediately in our sole discretion. We will not be responsible under any circumstances for any overdraft or other fees charged by your payment card provider or bank. We may use third parties to collect amounts owed by you, and you will also be responsible for any collection or similar fees associated with these collection activities.

 

Charge Authorizations: You authorize us to charge your credit or debit card or bank account all fees and amounts payable in respect of your Subscription and/or usage of any Services, including any and all Subscription Fees, activation fees, hold fees, cancellation fees and other charges described herein.  The Fees and Rates Schedule attached hereto describes where you can locate our current fees and charges in respect of your Subscription and/or usage of any Services.

 

If you are a 120-day Subscriber, and you thereafter continue your Subscription for eight (8) additional 30-day Extension Periods (such that you will have been a Subscriber for a total of 360 consecutive days), then you will be entitled to retain (for no additional fee) the Charger after your Subscription is cancelled or otherwise terminates, and at such time the Charger will automatically become your property.

 

If you are a 120-day Subscriber, and you thereafter do not continue your Subscription for eight (8) additional 30-day Extension Periods (such that you will not have been a Subscriber for a total of 360 consecutive days), then you will be required to promptly elect one of the following two options when your Subscription is cancelled or otherwise terminates:

 

Option #1 – Purchase the Charger from Motor. The purchase price for the Charger will be equal to $900 payable to Motor. If you elect this option, you will be deemed to authorize us to charge your credit or debit card or bank account shortly thereafter for the amount of such purchase price, and the Charger will become your property upon payment of such purchase price.

 

Option #2 – Return the Charger to Motor. If you elect this option, we will not charge you any additional fee, other than as relates to any damage to the Charger. You will be required to reasonably cooperate with Motor, its affiliates and any third party service provider in connection with such return, which cooperation shall include scheduling a reasonably prompt time for an employee of Motor (or any of its affiliates or third party service providers) to pick up the Charger at your residence and allowing appropriate access at reasonable times to your residence for such removal. However, in no event will Motor be responsible for (and in no event shall you be entitled to) any further electrical work on your residence in connection with the removal and return of the Charger, including any removal of any electrical outlet installed in connection with the initial delivery of the Charger. To the extent the Charger is returned to Motor in a condition that is damaged beyond reasonably expected wear and tear, you will be responsible for reimbursing Motor for the cost of repairing such damages.

 

You agree that you will be solely responsible for preparing your premises for the installation of any Charger, including by selecting an appropriate location where such charger is to be installed (which shall be in a location that is reasonably accessible for such installation) and cooperating with Motor and its agents and any third party service providers in locating appropriate electrical circuits. You understand that you are not entitled to receipt of a Charger if you do not satisfy all of our Charger Installation Conditions or if Motor determines that your residence is not appropriate, for any reason, for installation of a Charger. You also agree that you will be solely responsible for applying for and obtaining any applicable permits from any local or other governmental authority required for the installation and use of the Charger, and for paying all application and other fees relating to such permits. You also agree that you will bear full responsibility for the electricity costs that result from installation of any Charger. You also agree to promptly notify Motor upon becoming aware of any defect with any Charger once installed.

 

Managed Charging: As a Subscriber, you grant permission to Motor to automatically enroll you into any Managed Charging Program available either through Motor or through your electric utility, dependent on whether you meet the applicable minimum qualifications for enrollment. You grant Motor or a Motor Utility Partner permission to:

• Remotely control charging power and charging time of your Charger and/or Vehicle at its sole discretion. You may override this control at any time, but this may result in you being ineligible for future bill credits through the Managed Charging Program based on your utility’s terms and conditions regarding their program (as described below).
• Collect your Vehicle and Charger energy usage information and electric bill information from our Motor Utility Partners and review and analyze such information for purposes of offering the Managed Charging Program, improving the Managed Charging Program, exchanging conclusions between Motor and the Motor Utility Partners, publishing results based on those conclusions and using such information as otherwise permitted by applicable law, provided that, in each case, Motor and the Motor Utility Partners treat all such data in accordance with their respective privacy policies; and
• Exchange data related to your identity and your subscription account status with the Motor Utility Partner that serves as your utility, solely for the purposes of fulfilling the utility’s obligations under the Managed Charging Program, provided that, in each case, Motor and the Motor Utility Partners treat all such data in accordance with their respective privacy policies.

Motor reserves the right to terminate your participation in the Managed Charging Program at any time without notice. If you are unsatisfied with the Managed Charging Program, you have the right to withdraw from the Managed Charging Program at any time with written notice to Motor by sending an email to support@trymotor.com.  You can contact your electric utility to verify your enrollment in their managed charging program.  Enrollment in Managed Charging programs is separate from Motor membership, and will not automatically end should your membership with Motor end. You acknowledge you remain responsible for ending your enrollment in Managed Charging if necessary.

For AES Indiana Customers: You will automatically be enrolled in AES Indiana’s EV Managed Charging Program. You may review the program terms & conditions (located here – https://aesindianaevs.com/assets/terms-and-conditions/ipl/AESI_EV_FAQ.pdf). If Motor owns your Charger, you will only be eligible for the annual incentive payments available through the program.

 

By opting-in to managed charging at the time of your Charger installation, you grant Motor the right to claim rebates and/or incentives that may be available through your utility to fulfill your installation.

 

All AES Indiana customers who were enrolled in Motor’s Managed Charging Program prior to August 9, 2021 will be automatically be enrolled into AES Indiana’s EV Managed Charging Program and will continue to receive their $20 bill credit for the first 12 months of their subscription

 

OEM Specific Networked Chargers: As a Subscriber, you are eligible to utilize OEM Specific Networked Chargers without inputting a payment method. If you decide to utilize a OEM Specific Networked Charger, you grant permission to Motor to bill your credit card on file for the full amount incurred during the charging session with no additional service fees. All charges will be reflected on a monthly bill for your records.

 

6.       Insurance

 

If you are in good standing and are authorized to operate one of our Vehicles under this Agreement, and subject to you fulfilling your obligations under this Agreement, our insurance coverage (both third party and self-insurance) will apply to cover certain damages to our Vehicles incurred in an accident (“Insurance”) during your Usage Period. The Insurance provides coverage for third party property damage and bodily injuries, as well as coverage for our Vehicles relating to an accident for which you may be legally liable. The coverage limit is a combined single limit of $300,000 per accident, and you will be required to pay a $2,000 deductible per accident. Your personal property is not covered by the Insurance. Other exclusions and terms and conditions may apply.

 

You acknowledge that the Insurance, including its limits, deductibles and exceptions, MAY NOT FULLY COVER YOUR LIABILITY for harm or damage to you, any other persons or any property, even if you are not at fault with respect to any harm or damage as a result of your operations of the Vehicles or use of the Program or the Services. We do not provide, and we do not guarantee the provision of, any additional insurance coverage beyond what is discussed in this Agreement. We strongly caution you to review your own insurance policies and ensure that you are appropriately protected thereunder to your own satisfaction before using the Program, Vehicles or Services.

 

Where required by law, we provide Personal Injury Protection (“PIP”), or “no-fault” coverage as part of the Insurance, to the minimum level required by the jurisdiction in which the accident occurs or the claim is adjudicated, for injuries you may suffer in an accident. Any personal injury coverage that you have available will be primary over any PIP or no-fault coverage that we may provide to the extent permitted by law. To the extent permitted by law, you and Motor waive and reject the inclusion of uninsured motorist, underinsured motorist, supplementary no fault, or any other optional coverage, and you hereby authorize us to sign any forms or acknowledgments on behalf of you accepting or rejecting such coverage. If any such protection is imposed by operation of law, then the limits of such protection will be the minimum required by the law of the jurisdiction in which the accident occurs.

 

No coverage (either under our policy or self-insurance or otherwise) is provided for any use of our Vehicles by any unauthorized driver. However, if such coverage is mandated by law, then the limits of such coverage will be the minimum financial responsibility limits required by law in the jurisdiction that applies to the loss.

 

7.       Responsibility to third parties and responsibility for damage to or loss of Vehicles

 

Notwithstanding Section 6 above, you agree that you are responsible for any and all loss and damage that is caused by our Vehicles during a Usage Period. Your responsibility will include the full value of any damages or injuries caused to third parties or their property to the extent the insurance described in Section 6 above does not cover such damages or injuries, regardless of the reason for such non-coverage, whether because of your breach of this Agreement, your obligation to pay a deductible, or otherwise.

 

In addition, you are responsible for all loss of or damage to a Vehicle during a Usage Period resulting from any cause, including collision, rollover, theft, vandalism, road condition, weather, or acts of nature. Subject to state law, your responsibility includes the following (to the extent the coverage described in Section 6 above does not cover the damages or loss, regardless of the reason for such non-coverage, whether because of your breach of this Agreement, your obligation to pay a deductible, or otherwise), (a) all physical damage to the Vehicle measured as follows: (i) if we determine that the Vehicle is a total loss, the actual cash value of the Vehicle; (ii) if we determine that the Vehicle is repairable: (A) the difference between the value of the Vehicle immediately before the damage and the value immediately after the damage; or (B) the reasonable estimated retail value or actual cost of repair plus Diminished Value; (b) Loss of Use, which shall be measured by multiplying the prorated daily rate by the actual or estimated number of days from the date the Vehicle is damaged until it is replaced or repaired, which you agree represents a reasonable estimate of Loss of Use damages and not a penalty (and you agree that Loss of Use shall be payable regardless of fleet utilization); (c) a reasonable administrative fee; (d) towing, storage, and impound charges and other reasonable incidental and consequential damages; and (e) all costs associated with our enforcement of this Agreement or collection of charges, including attorneys’ fees, collection fees, and costs whether or not litigation is commenced. For purposes of this Agreement, “Diminished Value” means, and “Loss of Use” means the value of our loss of the ability to use the Vehicle for any purpose due to damage to it or loss of it during the Usage Period, including uses other than for use by Subscriber, such as display for rent or sale, opportunity to upgrade or sell, or transportation of employees.

 

8.       Limitations of liability

 

UNDER NO CIRCUMSTANCES WILL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFIT, REVENUE, GOODWILL, BUSINESS OPPORTUNITY OR ANTICIPATED SAVINGS, ARISING FROM OR RELATED TO THIS AGREEMENT OR THE USE OF OUR VEHICLES OR SERVICES OR YOUR PARTICIPATION IN THE PROGRAM (TO THE FULLEST EXTENT PERMITTED BY LAW). Without limiting the foregoing, to the fullest extent permitted by law, we shall have no liability for (1) any loss of, or damage to, any goods in or on any of our Vehicles or in or on any third party vehicle, (2) any loss, damage, injury or death in relation to you, any Secondary Driver or any other third party arising from the use of one of our Vehicles, (3) any loss or damage incurred by you or any Secondary Driver as a result of any claims made by a third party or (4) any loss or damage incurred by you or any Secondary Driver arising from or in relation to either (A) the non-availability, supply, operation or use of one of our Vehicles or (B) any accessories in or to one of our Vehicles, whether supplied by us or by you or such Secondary Driver (for example, luggage racks, bicycle racks, baby seats and the like, and in all cases, you or such Secondary Driver are responsible for the safe installation of such accessories and must check the condition of such accessories before each use), unless in each case such loss or damage is incurred due to our negligence or our failure to carry out our responsibility.

 

9.       Term and termination; Repossession of Vehicles

 

This Agreement shall commence upon the acceptance by us of your application and your payment of any applicable fees.

 

You may terminate your Subscription upon two days’ prior notice by calling us at +1-317-516-0145 or by contacting us via email at support@trymotor.com. Please note that we do not prorate unused days remaining in your Subscription Period.

 

In addition to the termination provisions set forth in the next paragraph, we may terminate your Subscription at any time and for any reason or for no reason upon no less than three (3) days’ notice to you, in which event we will, if applicable, refund a prorated portion of your Subscription Fee for the portion of the 30-day period in your Subscription Period in which termination occurs.  For the avoidance of doubt, no refund will be provided in connection with a termination that occurs for any reason described in the following paragraph.

 

We may also, upon notice to you, immediately terminate your Subscription (and no periodic Subscription Fees or other fees will be refunded to you in the event of termination pursuant to this paragraph) if:

(a)           You fail to pay any sum when due under this Agreement;

(b)          You or any Secondary Driver fail to comply with any term or condition specified in this Agreement or the Rules (see, for example, the section of the Rules of Use Schedule titled “What Uses Are Prohibited”);

(c)           You or any Secondary Driver are involved in an incident with one of our Vehicles that we believe, in our reasonable discretion, renders you or the Secondary Driver ineligible or inappropriate for continued rights to use our Vehicles or participate in the Program;

(d)          You or any Secondary Driver engage in any activities or conduct that we determine, in our reasonable discretion, to be inappropriate, negligent, offensive, abusive or otherwise unacceptable;

(e)           You are not paying your debts as such debts generally become due, you become insolvent or file or have filed against you a petition under any bankruptcy, insolvency law or similar law that is unresolved within sixty (60) days of the filing of such petition, you propose any dissolution, liquidation, financial reorganization or recapitalization with creditors, you make a general assignment for the benefit of creditors or if a receiver, trustee, custodian or similar agent is appointed for you or takes possession of any of your property or business; or

(f)           You allow another person to drive a Vehicle, other than as approved as a Secondary Driver; or

(g)           We suspect that the Vehicle has been, or is being, used in the commission of a crime.

 

Upon any termination of your Subscription, all of your rights and the rights of any Secondary Drivers to use our Vehicles, to access any Services and to participate in the Program (and all of our obligations to you in connection therewith) shall immediately terminate. Furthermore, any and all of our obligations to provide any insurance for your or any Secondary Driver (including under Section 6 hereof) shall terminate immediately upon any termination of your Subscription. Upon termination of your Subscription (or sooner upon our demand), you agree to immediately return our Vehicles and any of our other property in your possession pursuant to the guidelines for such return set forth in the Rules of Use Schedule (see section titled “How do you return a Vehicle?”).

 

Notwithstanding any termination or cancellation of your Subscription, (i) you shall remain responsible for any and all fees, costs and expenses incurred pursuant to this Agreement (including under Section 5 hereof) and for all of your other liabilities and obligations set forth in this Agreement and (ii) all of Motors’ rights under this Agreement (and remedies therefor) shall continue in full force and effect. Additionally, you shall be responsible for, and you agree to pay, any legal fees, court costs or expenses associated with enforcing the terms of this Agreement, whether upon termination or otherwise.

 

To the extent permitted by law: (a) we can have any of our Vehicles in your possession peacefully repossessed at any time at your expense and without notice should you violate any of the terms and conditions of this Agreement, or fail to return the Vehicle as required by this Agreement; (b) you agree to pay all costs associated with the recovery, as well as reasonable legal fees as a result of the repossession; and (c) you and all Secondary Drivers hereby agree to waive all claims for damages connected with the recovery.  

 

10.       Privacy

 

Please carefully review our Privacy Policy (located here – https://ev.trymotor.com/our-privacy-policy). You acknowledge and agree that any information shared by, or collected from or about, you may be used by us in accordance with the terms of the Privacy Policy, as it may be amended from time to time. Without limiting the terms of our Privacy Policy, telephone calls, email correspondence and social media communications with us may be recorded or monitored. By using these communication methods, you are consenting to the recording or monitoring of your calls, emails, SMS messages, instant messages and social media communications.

 

11.       Schedules and amendments, modifications and supplements to this Agreement and the Schedules

 

The following Schedules are included as a part of this Agreement:

 

• Rules of Use Schedule, attached hereto;
• Feesand Rates Schedule, attached hereto;
• Privacy Policy (located [here – https://ev.trymotor.com/our-privacy-policy]).

 

We reserve the right to change the terms of this Agreement, including the Schedules to this Agreement, at any time and from time to time. We will give you prompt notice of any changes. Unless we designate a different date, all changes will be effective when we give notice of them to you. Notice will be considered given when such notice is referenced on and accessible on our Website (as well as our Mobile App), when we provide it to you by email to your address on file with us (if you have requested or allowed email delivery), or when we provide it to you via our online newsletter. You agree that the amended terms and conditions of this Agreement shall be effective and binding on you upon the effective date indicated in such notice or on such other the date as we may designate in the notice without you having to sign this Agreement again and without you having to sign a copy of any amendment hereto.

 

12.       Binding Arbitration

 

PLEASE READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES YOU AND MOTOR TO AGREE TO RESOLVE ALL DISPUTES BETWEEN US THROUGH BINDING INDIVIDUAL ARBITRATION.

 

Applicability of Agreement to Arbitrate: You and Motor agree that any claim or dispute (whether contract, tort, or otherwise) between you and Motor arising out of or related to your current or previous Subscription, this Agreement or any use of the Vehicles or the Program that cannot be resolved in small claims court will be resolved by binding arbitration on an individual basis. This agreement to arbitrate applies to all such claims and disputes, no matter what legal theory they are based on or what remedy (damages, or injunctive or declaratory relief) they seek, including claims based on contract, tort (including intentional tort), fraud, agency, your or our negligence, statutory or regulatory provisions, or any other sources of law; claims made as counterclaims, cross-claims, third-party claims, interpleaders or otherwise; claims made regarding past, present, or future conduct; and claims made independently or with other claims. This also includes claims made by or against anyone connected with us or you or claiming through us or you, or by someone making a claim through us or you, such as an agent, representative, third party vendor or an affiliated/parent/subsidiary company.

 

Arbitration Rules: The Federal Arbitration Act governs the interpretation and enforcement of the arbitration provisions in this Section 12. Arbitration will be initiated through the American Arbitration Association (“AAA”) and governed by the AAA Consumer Arbitration Rules, available online at https://www.adr.org or available by calling 1-800-778-7879. You may initiate a claim against us in arbitration by complying with Rule 2 of the AAA Consumer Arbitration Rules available at https://www.adr.org. If the AAA is unavailable to arbitrate, the parties will select an alternative arbitral forum. The rules of the arbitral forum will govern all aspects of the arbitration, except to the extent such rules conflict with this Agreement. Arbitration will be conducted by a single neutral arbitrator. When the total amount sought for a claim or dispute is less than $10,000, this may be resolved, at the option of the party seeking relief, through binding non-appearance-based arbitration. When the total amount sought for a claim or dispute is $10,000 or more, the right to a hearing will be determined by the arbitral forum’s rules. Judgments on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

 

Additional Rules for Non-appearance Arbitration: If non-appearance arbitration is elected and is applicable, the arbitration may be conducted by phone, online, through written submissions or any combination thereof, with such manner to be chosen by the party initiating the arbitration. Unless the parties mutually agree otherwise, the arbitration will not involve any personal appearance by the parties or witnesses.

 

Location of the Arbitration: If you are an individual person, the arbitration will proceed at a location selected by the arbitrator in the county of your primary residence, unless you and Motor agree otherwise. If you are not an individual person (for example, if you are a corporation or other entity) (an “Entity Member”), the arbitration will proceed at a location selected by the arbitrator, unless you and Motor agree otherwise.

 

Fees and Costs: If (1) you are an individual person (and not an Entity Member) and (2) you reasonably demonstrate to us that the costs of arbitration will be prohibitive as compared to the costs of litigation, Motor will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive to you as compared to the costs of litigation. Motor also reserves the right to assume, in its sole and absolute discretion, all of the costs of the arbitration. However, Motor will not pay your share of the arbitration fees if the arbitrator finds that your claims or the relief sought is frivolous or brought for an improper purpose, as measured by the standards of Rule 11(b) of the Federal Rules of Civil Procedure.

 

Authority of the Arbitrator: Subject to this Agreement, the arbitrator will resolve any dispute, if any, between you and Motor. No claim or dispute between you and Motor may be consolidated with any other matters or joined with other cases or parties. The arbitrator will have the authority to grant motions dispositive of all or part of any claim or dispute. The arbitrator will have the authority to award monetary damages and to grant any non-monetary remedy or relief available under law, the arbitral forum’s rules, and this Agreement. The arbitrator will issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator shall be final and binding upon you and Motor.

 

Waiver of Jury Trial: YOU AND MOTOR WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and Motor are instead electing to have claims and disputes resolved by arbitration. Arbitration procedures are typically more limited and more efficient than rules applicable in court and are subject to very limited review by a court. In any litigation between you and Motor over whether to vacate or enforce an arbitration award, YOU AND MOTOR WAIVE ALL RIGHTS TO A JURY TRIAL, and elect instead to have the dispute be resolved by a judge.

 

Waiver of Class or Consolidated Actions: ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE MEMBER OR USER OF ANY VEHICLE OR SERVICES CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER MEMBER OR USER. If, however, this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor we are entitled to arbitration; instead all claims and disputes will be resolved in a court as set forth in Section 13 (Miscellaneous).

 

Right to Waive: Any rights and limitations set forth in this Section 12 may be waived by the party against whom the claim is asserted, but no such waiver shall be valid unless set forth in a written instrument signed by or on behalf of the party against whom the claim is asserted. No such waiver will waive or affect any other portion of this Agreement except to the extent expressly set forth in such written and signed instrument.

 

Opt-out: You may opt out of the arbitration provisions discussed in this Section 12 by providing notice to Motor by email to our support department (see Section 13 relating to notices provided to Motor). Your email notice (1) must explicitly state that you would like to reject this arbitration provision and (2) must include your name, address (including street address, city, state and zip code) and the email address associated with your Account. To be effective, your e-mail notice must be sent within thirty (30) days after you are first notified (via email or otherwise) by Motor that Motor has accepted your application to the Program. If you reject this arbitration provision, neither you nor Motor can force the other to arbitrate. You agree that unless any amendment or modification to this Agreement directly modifies the arbitration provisions in this Agreement, any amendment or modification hereto shall not create an opportunity to opt out of the arbitration provisions in this Agreement.

 

Small Claims Court: Notwithstanding anything else in this Agreement to the contrary, either you or Motor may bring an individual action in any small claims court, so long as the matter is within the scope of such small claims court’s authority.

 

Agreement to Arbitrate Survival: The arbitration provisions in this Section 12 will survive the termination of your Subscription or any other relationship with Motor.

 

13.         Miscellaneous

 

You represent and warrant that you and each Secondary Driver meets the eligibility requirements described in Section 2 above, and that you will promptly inform us of any changes during the term of this Agreement.

 

You are prohibited from, and agree not to, attempt to copy, manipulate, destroy, modify, circumvent or reverse engineer the Mobile App or Website (including the security features thereof) in any way, for any purpose, including to gain access to a Vehicle. Any violation of this provision shall result in cancellation of a Subscription and termination of any then-current Subscription Period and your right to use any Vehicle, and you agree to be responsible for the costs of any damage that results from such violation. Without limiting the generality of the foregoing, you are strictly prohibited from (i) decompiling or reverse engineering the Program, the Website, and/or the Mobile App, or taking any other action to discover the source code or underlying ideas or algorithm of any components thereof, (ii) copying the Website and/or the Mobile App, (iii) posting, publishing or creating derivative works based on the Website and/or the Mobile App, (iv) removing any copyright notice, trade or service marks, brand names and the like from the Website and/or the Mobile App or any related documentation or packaging, or (v) using any robot, spider, scraper, or other automated means to access the Website and/or the Mobile App for any purpose without our express written permission, or bypassing our robot exclusion headers that we may use to prevent or restrict access to the Mobile App and/or the Website.

 

The rights granted to you or the Secondary Drivers under this Agreement are not assignable or transferable, in whole or in part. Any attempt to transfer this Agreement without our written consent shall be void and of no force and effect. We may assign this Agreement to an affiliate or to another entity in connection with a corporate transaction or otherwise.

 

Nothing contained herein shall be construed as granting, vesting, creating or conferring any right of action upon any person or entity, other than the parties hereto.

 

No delay or omission by us in our exercise of any right or power occurring upon any noncompliance or default by you or any Secondary Driver with respect to any of the terms of this Agreement shall impair any such right or power or be construed to be a waiver thereof. Any waiver by us of any covenant, condition, or agreement to be performed by you or any Secondary Driver shall not be deemed to be a waiver of any prior or subsequent breach of the same, or of any other covenant, condition, or agreement hereunder. Unless stated otherwise, all remedies provided for in this Agreement shall be cumulative and in addition to and not in lieu of any other remedies available to either party at law, in equity, or otherwise.

 

If any term, provision, covenant or condition of this Agreement is held invalid or unenforceable for any reason, the remainder of the provisions will continue in full force and effect as if this Agreement had been executed with the invalid portion eliminated. The parties further agree to substitute for the invalid provision a valid provision that most closely approximates the intent and economic effect of the invalid provision.

 

This Agreement is governed by the laws in force in the State of New York and shall be interpreted according to the internal laws of the State of New York without reference to its conflicts of laws or choice of law rules. If you have properly opted out of Binding Arbitration in accordance with the provisions of Section 12 (Binding Arbitration), (1) all disputes hereunder shall be resolved solely in the applicable state or federal courts in the State of New York and (2) the parties hereby consent to the exclusive jurisdiction of such courts, agree to accept service of process by mail, and waive any jurisdictional or venue defenses otherwise available.

 

Any notices or communications required or permitted to be given to you shall be in writing and shall be sufficiently given if delivered by email or mailed to you at the email or postage address provided to us in your completed application, as updated by you from time to time and on file with us. Any notices or communications required or permitted to be given to us shall be in writing and shall be sufficiently given if delivered via email to support@trymotor.com or mailed to us at the following address:

 

Motor EV, Inc.

4300 Wilson Boulevard, Suite 900,

Arlington, VA 22203

 

Any notice delivered via email shall be deemed to have been received on the first business day after which it was sent, unless the sending party is notified that the email address is invalid. Any notice sent by letter shall be deemed to have been received on the fourth business day after it was posted in the regular U.S. mail.

 

 

 

 

Rules of Use Schedule

 

In addition to the obligations set forth in the Subscription Agreement Terms and Conditions, you are required to abide by the Rules of Use set forth in this Rules of Use Schedule. You should carefully read and understand these Rules of Use before applying to participate in the Motor Subscription Program and before paying any applicable activation fee and/or Subscription Fees. By subscribing to use our Vehicles and participate in the Program and by your continued use of our Vehicles, you and all Secondary Drivers are deemed to have accepted and agreed to comply with all of the following rules, policies and guidelines. Capitalized terms used in this Rules of Use Schedule shall have the same meaning assigned to such terms in the Motor Subscription Agreement.

 

How our Subscriptions Work

To subscribe to our Program, you must pay, for each 30-day period, a Subscription Fee. Subscribers can select an initial Subscription Period of either 30 days or 120 days, with each initial Subscription Period subject to potential renewal as described more fully in Section 5 “Fees and your responsibilities” of the Subscription Agreement Terms and Conditions. The Subscription Fee is billed as described in Section 5 “Fees and your Responsibilities” of the Subscription Agreement Terms and Conditions. The Subscription Fee is based on the plan selected (see the Fees and Rates Schedule attached hereto for a description of where you can locate our current Subscription Fees) and is payable on the first day of the first 30-day period (and the first day of each subsequent 30-day period within your Subscription Period), inclusive of sales tax. We may choose to change the level of the Subscription Fee from time to time or to offer discounts to certain Subscribers. We will notify you of any changes in accordance with these Rules of Use.

 

We may change the Subscription Fee or impose additional costs or fees from time to time, including when you add additional drivers to your Account or as we learn more about how you and any Secondary Drivers drive our Vehicles. We will notify you of any changes to your fees in accordance with these Rules of Use.

 

Payment of the Subscription Fee, in advance, is required in order to hold a Subscription to our Program.

Subscribers to the Program have the right to use of one of our Vehicles, subject to availability. When you have a Vehicle in your possession, you are responsible for taking care of that Vehicle in the same manner that a diligent owner might do.

 

From time to time, we may make certain requests of Subscribers, including, but not limited to:

 

• We may seek to access the Vehicle in your possession to inspect its condition or to perform maintenance; and
• We may swap the Vehicle in your possession for an equivalent Vehicle. Typically, we will do this either because your current Vehicle needs maintenance or because we wish to replace it with a newer Vehicle.

 

Subscribers are expected to comply with these requests within a reasonable time frame, typically in 7 days or less.

 

Changes in Fees

We will always inform you when the cost of a fee is changing, through either notification to your phone or email address or through an update via the Mobile App. If you have made a request to us that results in a change in the fees that you owe to us, then we will inform you of these changes before processing your request and we follow up with a confirmation email to you. If we need to initiate a change in our fees, then we will send you an email or SMS message clearly communicating those changes. The communication will lay out the original fee, the new fee and the effective date of the change.

 

How Do You Join Our Program?

Potential subscribers are asked to register using our Website or Mobile App. You will be required to provide information including, without limitation, your name, your mobile number, your email address, a picture of your driver’s license, home and delivery address, a current picture of yourself taken with your cell phone and payment details.

 

After submitting your registration via our Website or Mobile App, you will receive an email and SMS message that confirms our receipt of your membership request. In some, but not all, cases we may be able to confirm your eligibility within one business day. After you are accepted into the Program, we will work with you to coordinate delivery of the Vehicle.

 

How Do You Receive A Vehicle?

In general, we will deliver your Vehicle to you after you have been approved as a Subscriber, and we have confirmed your reservation for the Vehicle. As a subscriber, it is your responsibility to inspect the delivered vehicle for any apparent defects, or damage during the time of delivery. Any complaints as to the vehicle’s condition, need to be made to Motor immediately upon receiving the vehicle.

 

All vehicles must be delivered or picked up inside of our Service Areas.

 

In rare cases, we may have to reschedule your delivery due to events outside of our reasonable control, including but not limited to extreme weather or temperatures below 25°F. In such cases, we will notify you and work with you to reschedule your delivery for a mutually convenient date and time.

 

Will I Receive a Fast Charger?

 

Warning Against Connecting To Bluetooth

Our vehicles come equipped with connections for Bluetooth. Connecting to an unknown device always has risk. If you choose to connect, please note that the Vehicle may automatically load your address book, store your incoming, outgoing and missed telephone calls, and other information from your device. You should follow the steps displayed on the vehicle system screen to delete this information and the device from the vehicle’s memory. We are not responsible for assuring the privacy of any such information and cannot guarantee that other persons you do not authorize will gain access to this information after you return the Vehicle.

 

How Do You Return A Vehicle?

You can initiate a Vehicle return using our Website or by contacting us via SMS message, instant messaging, email or phone. We will walk you through the process of submitting a request and receiving confirmation of the date and location. You may receive updates via SMS message or instant messaging on the status of your request up to and during the return of the Vehicle.

 

All Vehicle returns must take place in the specific Service Area in which the Vehicle was delivered. If Vehicle return is requested outside of the Service Area in which the Vehicle was delivered, subscribers will be responsible for all fees associated with returning the vehicle (e.g., towing, transport) plus a $200 administrative charge.

 

At the time when you return a Vehicle to us, the Vehicle should be in good working condition and ready for use by another driver.

 

At the time when you return a Vehicle to us, please ensure you have included within the Vehicle all tangible items that were provided to you at the time of delivery, including:

1. electronic toll passes or transponder;
2. registration and insurance documents;
3. spare tires;
4. cell phone charging cords;
5. ice-scraper;
6. emergency medical kit;
7. portable electric car charger; and
8. other vehicle accessories.

 

You must remove all personal items from the Vehicle, including accessories, bags, luggage, equipment, digital data, etc. You are not guaranteed to have use of a particular Vehicle at some later date. We shall not be held liable for any property left in a Vehicle or stolen from a Vehicle during your use. You agree not to hold us or any of our employees responsible for any such personal property, whether it is yours or belongs to another person. Any items found by us in a Vehicle may be donated to charity or disposed of at our sole discretion.

 

Who Can Drive Our Vehicles?

You, as the Subscriber, will be listed as the primary driver on the Account. In addition, you will have the option to request that additional drivers be authorized by us and added to your Account. Anyone who is expected to be driving the Vehicle habitually or for a period of more than a few minutes or one-time emergency use should be registered as a Secondary Driver.

 

You can request the authorization of a Secondary Driver by contacting us by phone, by email or by the tools provided on our Website and/or our Mobile App. We will require that you provide the name, address and driver’s license number, email address and phone number for the driver to be added. Thereafter, the secondary member will receive an SMS message inviting the member to submit an application. You may have to pay additional fees for each Secondary Driver, and they will have to meet the same eligibility criteria that we require for all of our drivers. We reserve the right to withhold or to withdraw authorization for any driver.

 

In general, only you, as the Subscriber, and the authorized Secondary Drivers on your Account may drive our Vehicles under your Subscription; however, all fees, damage and charges incurred by you or any driver of our Vehicles under your Subscription shall be your responsibility (to the extent permissible under applicable law). Except in an isolated case of emergency to avoid the loss of life, injury or severe property damage:

No one under the age of 25 may drive our Vehicles; and

Only properly licensed active Subscribers and their Secondary Drivers in good standing and in full compliance with all eligibility requirements under the Agreement are allowed to drive our Vehicles.

If you need another person who is not listed on your Subscription as an authorized Secondary Driver to drive one of our Vehicles because you are impaired, or in an emergency situation, you are authorized to allow that person to drive our Vehicle for a short duration, one-time occurrence. This person must be over 25 years of age and have a valid driver’s license. This exception is not intended to allow habitual use of our Vehicles by any person who is not an authorized Secondary Driver under your Subscription. If we find that you have repeatedly violated this Rule, then we can terminate your Subscription in accordance with the Subscription Agreement. All other persons, regardless of the circumstances, are expressly prohibited from driving our Vehicles at any time.

 

Is There A Mileage Limitation?

Each Motor plan includes 1,200 miles per month of membership.  Members are required to pay a per-mile fee for each mile driven over 1,200 in each membership month.  Undriven miles in one month do not roll over to subsequent months.

 

Keeping The Vehicle Clean

We expect you to use common-sense standards of cleanliness. You are responsible for returning the Vehicle to us in good working order and ready for use by another driver without the need to invest undue effort in cleaning and detailing. In the event that the Vehicle does become unexpectedly dirty, we ask that you promptly notify us in writing.

 

In addition, all drivers of our Vehicles and their guests are expected to abide by the following rules that are intended to keep the Vehicle in good condition:

No smoking inside or near the Vehicle – no exceptions!

Pets may be transported in the Vehicle. Pets are permitted in the Vehicle. You are subject to additional cleaning fees and charges if we find evidence of damage due to pets in our Vehicles during your use.

 

Maintenance And Repairs

We will perform all necessary and required routine maintenance, as determined by us, on all of our Vehicles. We will notify you when the Vehicle requires maintenance, and you will coordinate a time with us when this maintenance can be completed. In general, we will give you 7 days’ notice prior to any routine maintenance, and you should make the Vehicle available to us at a location specified by us in your Service Area within 7 days of your receipt of this notice. We may be able to meet you to perform the maintenance at your location, subject to the type of maintenance that has to be performed.

 

You must notify us immediately upon discovering any abnormality during your operation of our Vehicles. For example, you should report any warning lights that stay on after ignition or that indicate that service or maintenance is required, any evidence of leaking fluids near the Vehicle, any tire damage or excess wear on the tires, any cracked, broken or missing mirrors, any cracks or chips in the windshield, any other damage to the exterior of the Vehicle, any inoperable signals, any unusual noises when the Vehicle is operated, and any other condition that may render the Vehicle unsafe or illegal to operate.

 

It is important that you respond appropriately and promptly to all warning lights, chimes, indicators and alerts. Unusual noises or handling, including without limitation strange engine or other mechanical sounds, performance changes, warning or indicator lights or indicators, must be reported to us as soon as noted by phone at +1-317-516-0145. Failure to report such problems may result in the immediate suspension or termination of your Subscription as well as you being responsible (to the extent permissible under applicable law) for any damages resulting from continued use of the Vehicle despite such irregularities.

 

In general, our aim is to take care of all maintenance and service for our Vehicles so that you do not ever need to worry about such matters. However, we understand that circumstances may arise where you might want to pay for maintenance work or have repairs made in order to help keep the Vehicle roadworthy in an expeditious manner. In these circumstances, we will reimburse you for reasonable “Covered Expenses” you that you incur. “Covered Expenses” are defined as any expense for necessary maintenance or repairs with a cost not exceeding $500. You must seek authorization in writing (including via SMS message, instant messaging or email) by one of our representatives in advance of any maintenance work or repairs. Our representatives are not authorized to approve repairs in excess of $500 without the approval of a supervisor. If you pay for a Covered Expense, you must keep the actual receipt reflecting the item or service purchased and the date and time of purchase (which must be during your Subscription Period), and note on it the odometer reading at the time of the purchase. Please print your name on the receipt and send us the receipt within thirty (30) days of purchase and we will credit such amount to the credit/debit card you have on file for the applicable Subscription, if you are entitled to such reimbursement. No credit or refund will be given without a receipt, or if the receipt is submitted more than thirty (30) days more after the purchase date.

 

Vehicles may require emergency roadside assistance from time to time. We provide access to emergency roadside assistance and support as part of our Program. If, however, your need for emergency roadside assistance results from a breach of the Subscription Agreement or a violation of our Rules of Use, you may be charged for the costs of the service.

 

Motor’s ability to provide maintenance and repairs may be limited outside our Service Areas.

 

What Uses Are Prohibited

You must always use our Vehicles in accordance with all highway and other applicable laws and regulations. We may report any use of our Vehicle or other activities that we believe are in violation of law to the authorities at any time. In addition, the operation or use of any of our Vehicles under the following conditions is strictly prohibited:

 

• By anyone who has provided false information or who has made or makes false or misleading representations in connection with use of our Vehicles or participation in the Program (including, without limitation, regarding his/her name, age, address, driving record or other matters);

 

• By any person with a driving history that does not meet our then current eligibility requirements;

 

• In violation of any applicable traffic or other law or regulation (except for minor traffic violations);

 

• By any person who is under the influence of (i) alcohol or (ii) any drug or medication under the effects of which the operation of a Vehicle is prohibited or not recommended;

 

• In any drag race, speed race, rally or other competition;

 

• In the commission of any crime or for any other illegal or improper activity or purpose;

 

• Transporting a number of passengers in excess of the seating capacity of the Vehicle or baggage or other items that would cause the Vehicle to exceed its manufacturer recommended or legal weight limits;

 

• By any person who does not have a valid driver’s license (or whose driver’s license has restrictions that are not complied with by such person when driving our Vehicle);

 

• By any person who is driving while distracted including, without limitation, driving while texting, emailing, using a cell phone without a hands-free device or otherwise engaging in similar activities that may be prohibited by applicable law;

 

• For any towing or pushing of any trailer, car, boat or any other vehicle, unless such Vehicle is equipped by us to do that activity;

 

• For any business purpose, including, without limitation, transporting people or goods in commerce or operating a taxi, livery, or transportation network company service;

 

• Transporting or driving our Vehicle outside of the continental United States;

 

• On unpaved, unimproved or impassable roads or on roads that are not regularly maintained by the transportation department or a municipality; or

 

• In any other reckless, imprudent, negligent, abusive or abnormal manner for using a Vehicle.

 

The foregoing are examples only, and are not intended to be a complete list of all prohibited uses (“Prohibited Uses”). We reserve the right to add other restrictions and prohibitions. Any unreasonable or inappropriate use of our Vehicles, as determined by us in our sole discretion, may be deemed a violation of these Rules of Use.

 

We may immediately suspend or terminate your use of our Vehicles and participation in the Program if you engage in a Prohibited Use or for a violation of any of our other Rules of Use. Upon suspension or termination, you will be responsible for any and all costs, charges, fees and expenses incurred by us as a result of a breach of any of these Rules of Use. In addition, engaging in a Prohibited Use or other violation of this Agreement may void any insurance coverage or other liability protection (to the fullest extent permitted by law).

 

Who Pays For Fuel?

You are responsible for payment for your own electric fuel.

 

We will always deliver Vehicles to you fully charged. While a Vehicle remains in your possession, you will purchase your own fuel.

 

Notifying Us of Changes To Your Account

You are required to notify us promptly if any of the following information changes with respect to you or your Account, or if any of the events listed below occurs (regardless of where these events occur or whether they occur in relation to your use of a Vehicle or otherwise):

• Your or a Secondary Drivers’ driver’s license has been suspended, revoked, expired, surrendered, withdrawn, lost or is no longer valid for any other reason;
• You or a Secondary Driver is involved in an accident or other incident while driving a Vehicle;
• You or a Secondary Driver is convicted of reckless driving, driving under the influence, driving while intoxicated or impaired, failure to report an accident or leaving the scene of an accident, possession of a stolen Vehicle, unauthorized use of a Vehicle, the use of a Vehicle in the commission of a crime, or any similar offenses;
• You ever allow another person to access your Account, you suspect that any unauthorized party may be using your Account, or you suspect any breach of security of your Account;
• Your Motor access method, smartphone, password, or credential is lost or stolen;
• You commit any driving violation, receive any citation, or if you receive any other endorsement to your driving record;
• The address of your primary residence or contact information (including your email address and mobile phone number) changes;
• Your credit or debit card information changes; or
• You plan to take your Motor vehicle outside of the state in which you took delivery for more than 30 continuous days.

 

Notifying Us of Damage To The Vehicle

You are required to notify us when you become aware of any damage to a Vehicle in your possession. This includes damage to the exterior (e.g., a dent) and damage to the interior (e.g., spilled coffee resulting in a stain). Providing you are in compliance with the terms of the Subscription Agreement, these Rules of Use and the Schedules, you will not be liable for any costs to repair regular wear and tear damage (as determined by us in our sole discretion) to our Vehicles – we simply want you to keep us informed.

 

To notify us of damage, contact us via SMS or email us at support@trymotor.com or select the appropriate option on our Mobile App. The Mobile App will prompt you to enter details of the damage and to take photographs of the incident using the camera on your phone.

 

What Happens If Our Vehicle Is Stolen While In Your Possession?

Stolen Vehicles must be immediately reported to us and to the proper authorities. Please call us as soon as reasonably possible by phone at +1-317-516-0145.

 

You must deliver to us a copy of the written police or other report for the stolen Vehicle within twenty-four (24) hours and cooperate in all reasonable respects with attempts to recover the stolen Vehicle. In the event of a stolen Vehicle, we will provide you with a new Vehicle as promptly as possible, subject to availability. Motor’s ability to provide a new vehicle may be limited outside of our Service Areas.

 

What Happens If The Vehicle Has A Breakdown?

If one of our Vehicles breaks down, immediately ensure that you are in a safe location away from traffic hazards. You should then contact us immediately by phone at +1-317-516-0145 so that we can get you moving again. If a problem arises that prevents or limits the use of the Vehicle or that may compromise your safety or the safety of others, you must immediately notify us and follow our instructions and use reasonable care to protect your safety and the safety of others.

 

If you are within reasonable proximity to one of our service centers, we will bring a replacement Vehicle for you to drive, subject to availability. If you can safely remain with the Vehicle, we will ask you to remain with your original Vehicle until we can exchange keys with you and send you on your way. We will take responsibility for the Vehicle that has broken down. If you are not within reasonable proximity to one of our service centers, we will work with you to arrange for a roadside assistance provider to come out and take care of the problem.

 

If you wish to perform a jump start to one of our Vehicles, you must notify us immediately at the same number set forth above. You are fully responsible for any damage that may result from the improper use of jumper cables or other tools. It is strictly forbidden to provide a jump start to any other vehicle. When using one of our Vehicles, you must follow the owner manual’s instructions.

 

What Happens If You Have An Accident?

In case of an accident involving our Vehicle which includes property damage or involves any third party, you must obtain an official police report at the time of the accident.

 

If you are involved in an accident, find a safe location and call 911 to report the accident. When speaking with other parties and the police, be factual but do not admit fault. Once all emergencies and safety issues have been handled, call Motor’s support number at +1-317-516-0145 and a representative will guide you through the accident reporting process. You will need the following information:

 

• Date, time, and place of accident or incident;
• The name, address, date of birth and driver’s license number of all people involved (including all drivers, passengers, witnesses and other people involved);
• The insurance policy number and name and phone number for the insurance company and agent on all vehicles involved (regardless of any assessment of fault);
• Pictures and/or video of the scene including all cars and property involved in the accident;
• The license plate numbers of any other vehicles involved, their make and year, and their vehicle identification number;
• A summary of the circumstances of the accident or incident; and
• A police report is required, regardless of liability or fault, and should be attached.

 

You agree to cooperate fully with us in the investigation and defense of any claim or lawsuit arising from any accident. We may suspend your Subscription and your use of our Vehicles and the Program, in our sole discretion, until any investigation has been concluded.

 

You acknowledge and agree that any accident involving the Vehicle may be reported to the applicable insurance company or other rating agency and remain a part of your personal driving history for an indefinite period of time. YOU ALSO ACKNOWLEDGE AND AGREE THAT WE ARE NOT RESPONSIBLE FOR ANY MEDICAL OR OTHER COSTS ASSOCIATED WITH ANY INJURY SUSTAINED BY YOU OR ANY OTHER PERSON AS A RESULT OF ANY ACCIDENT WHILE THE VEHICLE IS IN YOUR POSSESSION AND YOU HEREBY WAIVE ANY AND ALL CLAIMS AND AGREE TO INDEMNIFY AND HOLD US HARMLESS AGAINST ANY COSTS OR DAMAGES ARISING OUT OF SUCH CLAIMS.

 

What Happens If You Have A Traffic Violation Or Incur A Toll?

You are expected to operate our Vehicles at all times in full compliance with all traffic and safety laws. You are responsible for any toll charges (”Tolls”) incurred during your use of the Vehicles. You are also responsible for all violations that occur during your use of our Vehicles, including but not limited to all speed limit, stop sign, red light, photo enforcement, parking and other violations (each a “Violation”). You must not leave a Vehicle in a zone which has parking or other restrictions in effect. You are liable for all Tolls and Violations incurred in respect of a Vehicle during your Usage Period. You must notify us of any Toll notices or Violation notices issued to you or a Secondary Driver while operating our Vehicle or found on a Vehicle at the time of pickup of the Vehicle. All unreported Violations will be your responsibility if they occur during the time period during which your Subscription to use our Vehicle is in effect. Certain toll roads do not accept cash and not all Vehicles are equipped with an electronic toll card. To avoid toll fines, fees, and taxes (and processing and convenience fees described below), you must pay all Tolls with a personal transponder that is accepted on the road; use only cash lanes and pay cash; plan a route to avoid tolls; or consult local authorities for other payment methods.

 

Tolls and Violations Generally. If we receive notice of a Toll or Violation, we may either pay the face value of the Toll or Violation plus any fines, fees, or taxes on your behalf and then add the amounts paid plus an administrative fee up to $25 per Toll or Violation to your Account charges or we may, if permitted by the authority issuing the Toll or Violation, transfer liability for the payment of the face value of the Toll, Violation, fines, fees, and/or taxes to you, and you will then be wholly responsible for all correspondence with the appropriate authority and any amounts due. If we transfer liability for a Toll or Violation to you, we will charge your Account an administrative fee of up to $25 per Toll or Violation. We will endeavor to provide you notice before we pay any penalties or fees attributable to you. Once paid by us, it may not be possible for you to challenge the penalty or fee. The right to appeal, or transfer liability, on any traffic or parking charge issued by any authority or body belongs to us and will be at our sole discretion. In the case of speeding notices, we are obligated to pass on the details to the police, who will then contact you directly. You authorize us to release your usage and payment card information to a Provider (defined below) for processing and billing purposes. If we or a Provider pay a Toll or Violation assessed on the Vehicle during a Usage Period, you authorize us or the Provider to: (a) charge all payments and administrative fees to the payment card you used for your Subscription; and (b) contact you directly or send invoices regarding any Tolls or Violations incurred by you or assessed against us to our Vehicle during a Usage Period.

 

Electronic Toll Payment Service. As an alternative to the process described above, the Vehicle may be equipped with the ability to pay Tolls electronically through us or a third-party provider (“Provider”). In that case, if a Toll is incurred on the Vehicle, we or the Provider will charge you for the Toll incurred plus: all applicable fees and taxes and service charges, and any payment processing charges and convenience fees on the Fee and Rate Schedule. If we or a Provider charge you for a Toll you believe you paid, you must submit proof of payment to us to be relieved of your obligation to pay us or the Provider.

 

What services are included if I am outside Motor’s Service Areas?

You are welcome to drive your vehicle within the continental United States. However, some services we provide are only available within 50 miles from the center of cities in which we allow new members to sign up and take deliveries of vehicles (our “Service Areas”). If you are outside our Service Areas, we will continue to provide you with the following:

• Access to your vehicle
• Insurance (subject to any terms for being out of state, if applicable)
• Concierge service via chat and phone
• Scheduling of Tesla mobile service where service is offered, if applicable.

 

Whether any other Services in connection with the Program will be performed for you outside of our Service Areas is within our sole discretion. You must notify us if you plan to take your Motor vehicle outside of the state in which you took delivery for more than 30 continuous days.

 

We Will Track Your Usage of Our Vehicles to Ensure Proper Use (to the extent permitted by law)

We want to offer our Subscribers Vehicles that are in great condition. In order to do that, we intend to keep track of how those Vehicles have been used and maintained by our Subscribers to the extent permitted by law. This tracking of usage allows us to be certain that our Vehicles have been well maintained and have been used properly. It also helps us to anticipate maintenance needs for our Vehicles before urgent action is required and, if permitted by law, allows us to monitor for drivers who are treating our Vehicles in a way that is negligent or is likely to cause abnormally high wear and tear.

 

Each of our Vehicles is equipped with technology that, to the extent permitted by law, allows us to track its location and that informs us when certain driving events occur. For example, the technology may inform us when a Vehicle accelerates unusually fast, brakes unusually hard or takes a corner at an unusually high speed. BY DRIVING OUR VEHICLES AND USING OUR SERVICES, YOU CONSENT TO TRACKING DESCRIBED IN THESE RULES (TO THE EXTENT PERMITTED BY LAW).

 

We expect you to drive responsibly and look after the Vehicles in your possession as a diligent owner might. In the interests of all of our Subscribers, we reserve the right to suspend or cancel service for Subscribers who persistently treat our Vehicles in a manner that is not consistent with those expectations. If we identify Subscribers who repeatedly drive our Vehicles in unusual ways that we deem potentially negligent, who experience damage incidents at an unusually high rate, who fail to report instances of damage that might reasonably be detected, or who act in a manner inconsistent with these Rules of Use, we reserve the right to withdraw service immediately or to give the Subscriber an advisory warning.

 

 

 

Fees and Rates Schedule

This Fees and Rates Schedule of Motor EV, Inc. (“Motor”, “we”, “our” or “us”) describes where you can find our current usage rates and certain other potentially applicable fees and charges with regard to the services we provide our Subscribers pursuant to the Motor Subscription Agreement (the “Agreement”) to which we are party with our Subscribers.

 

Our applicable rates, fees and charges can be found on our Website (located here –https://ev.trymotor.com) and/or Mobile App.  All such rates, fees and charges are subject to change at any time, and we encourage you to check the Mobile App and/or our Website for current information about our rates, fees and charges. Capitalized terms used but not defined in this Fees and Rates Schedule have the meaning defined in the Agreement.

 

You will subscribe to a specific Vehicle with our Mobile App and/or Website. Your Subscription Fee and activation fee will depend on the vehicle that you select. You will find these rates in the Website and/or Mobile App during the sign-up process.

 

As more fully described in the Agreement, each plan includes:

 

• 1500 mile Monthly Mileage Allowance
• Insurance policy (subject to limitations and exceptions as described or referred to in the Agreement, and the terms and conditions thereof and any applicable insurance policy)
• Routine Maintenance
• Taxes

 

*The Subscriber is responsible for the purchase of electric fuel and payment of road tolls, traffic tickets or parking fines. Similarly, if your Vehicle is equipped with an electronic toll card, any fees (including payment processing and convenience fees) incurred during your possession of the Vehicle will be charged to your Account. In addition, if a Vehicle is returned excessively dirty or with evidence (including odors) of pets or smoking/vaping, the Subscriber may be responsible for an additional cleaning fee of $500 and $300 respectively. See the Rules of Use Schedule, attached to the Agreement, for additional information.

 

 

 

Promotions

These are the terms and conditions which apply to any promotion which Motor or promotional partners may run, whether on our or their websites, social media platforms, or through email correspondences.

By entering and using a Promotion you agree to these terms and conditions along with any other Specific Rules which relate to a Promotion. Specific Rules might include entry instructions and any other specific details, or conditions relating to a particular Promotion, and might be published on our or our promotion partners’ website, social media platforms, or may be found in any other media which features a Promotion. The Specific Rules will usually (but may not always) refer to these terms and conditions.

Start and end date

Each Promotion will start on a specified date unless a later start date is specified. The closing date for a Promotion will be made clear in the Specific Rules or any relevant promotional materials.

Using a Promotion

Each Promotion will be open to individuals who have received the Promotional details unless the Specific Rules or other promotional materials or announcements specify otherwise. To receive the Promotion, follow the entry process for the relevant Promotion, which will usually be explained in the Specific Rules and/or promotional materials or announcements. You may only use a maximum of one Promotion at any given time. Promotions are not valid with any other offer or cannot be combined with any other offer.