Terms of Service
Please read these Terms of Service carefully as they contain important information about your legal rights, remedies, and obligations. By accessing Priva’s website, using Priva’s mobile applications or accepting carriage from Priva, you agree to comply with and be bound by these Terms of Service.
Please note: Section 12 of these Terms of Service contains an arbitration clause and class action waiver that applies to all Priva customers. If you reside in the United States, this provision applies to all disputes with Priva. If you reside outside of the United States, this provision applies to any action you bring against Priva in the United States. It affects how disputes with Priva are resolved. By accepting these Terms of Service, you agree to be bound by this arbitration clause and class action waiver. Please read it carefully.
Thank you for riding with Priva!
When these Terms mention “Priva,” “we,” “us,” or “our,” it refers to Priva Mobility Inc.
1. The Priva Platform
The Priva Platform provides a means for persons who seek transportation to certain destinations (“Passengers”) to procure door-to-door chauffeur services (“Trips”) from Priva. Trips are provided in large format premium vehicles with licensed drivers (“Drivers”). Passengers reserve trips after creating an online profile (“User Account”) with Priva. The terms of these Trips are governed by these Terms and Priva’s Conditions of Carriage.
2. Modification to the Agreement
In the event Priva modifies the terms and conditions of this Agreement, such modifications shall be binding on you only upon your acceptance of the modified Agreement. Priva reserves the right to modify any information referenced in the hyperlinks from this Agreement from time to time, and such modifications shall become effective upon posting. Continued use of the Priva Platform after any such changes shall constitute your consent to such changes. Unless material changes are made to the arbitration provisions herein, you agree that modification of this Agreement does not create a renewed opportunity to opt-out of arbitration (if applicable).
As a passenger, you agree to pay the amounts charged for your trips and services provided by Priva (“Charges”). Charges include Fares and other applicable fees, tolls, surcharges, and taxes. Priva has the authority and reserves the right to determine and modify pricing. Pricing may vary based on the type of service (e.g. one-way, round-trip) or vehicle (e.g., Priva Mobile Office, Priva Black). You are responsible for reviewing the applicable pricing information and shall be responsible for all Charges incurred.
Fares, Fees and Other Charges
Fares -- Fares consist of charges based on the type of service, vehicle type, duration and distance of your trip. Fares will be charged to the payment method of choice upon completion of the Trip.
Deposits -- At the time of booking Priva will collect a $100 Deposit, this Deposit will be applied to the Fare of your trip. This Deposit is non-refundable.
Change, Cancellation, and No-Show Fees -- After reserving a trip you may alter it by contacting Priva support via email. Depending on the nature of the alterations to the reservation, additional fees may apply. Additionally, in the event that you fail to show up after reserving a trip, Priva will cancel your trip and will charge applicable cancellation fees. Please see Priva’s Change and Cancellation Policy for additional details.
Damage/Soiling Fee -- If you damage or soil a vehicle you agree to pay a fee of up to $300 depending on the extent (as determined by Priva in its sole discretion), towards vehicle repair or cleaning.
Tolls -- In some instances tolls (or return tolls) may apply to your trip. At this time Priva will not collect any additional charges for tolls.
Other Charges -- Other fees and surcharges may apply to your trip, including actual or anticipated airport fees, state or local fees, event fees as determined by Priva or its marketing partners, and processing fees for split payments. In addition, where required by law Priva will collect applicable taxes.
Facilitation of Charges -- All Charges are facilitated through a third-party payment processing service (e.g., Stripe, Inc., or Braintree, a division of PayPal, Inc.). Priva may replace its third-party payment processing services without notice to you. Charges shall only be made through the Priva Platform. With the exception of tips, cash payments are strictly prohibited.
No Refunds -- All Charges are billed at the conclusion of a trip and are non-refundable. This no-refund policy shall apply at all times regardless of your decision to terminate the usage of Priva’s services.
Credits and trip Discounts -- You may receive credits ("Priva Credits") or trip discounts ("Trip Discounts") that you can apply toward payment of certain Charges upon completion of a trip. Priva Credits and Trip Discounts are only valid for use in exchange for Priva services and are not transferable or redeemable for cash except as required by law. Priva Credits and Trip Discounts cannot be combined, and if the cost of your trip exceeds the applicable credit or discount value we will charge your payment method on file for the outstanding cost of the trip. Trip Discounts only apply to the Fare.
Credit Card Authorization -- Upon addition of a new payment method or up to 7 days prior to each trip, Priva may seek authorization of your selected payment method to verify the payment method, ensure the trip cost will be covered, and protect against unauthorized behavior. The authorization is not a charge, however, it may reduce your available credit by the authorization amount until your bank’s next processing cycle. Should the amount of our authorization exceed the total funds on deposit in your account, you may be subject to overdraft or NSF charges by the bank issuing your debit or check card. Priva cannot be held responsible for these charges and are unable to assist you in recovering them from your issuing bank.
By reserving transportation with Priva or by enrolling in Priva’s newsletter, you agree to receive communications from us. These communications may come via e-mail, text message, calls, and/or push notifications. You agree that texts, calls or prerecorded messages may be generated by automatic telephone dialing systems. Communications from Priva, its affiliated companies, and Drivers may include but are not limited to: operational communications concerning your use of the Priva Platform, updates concerning new or existing features on the Priva Platform, communications concerning promotions run by us or our third-party partners, and news concerning Priva and industry developments. Standard text messaging charges applied by your cell phone carrier will apply to text messages we send.
IF YOU WISH TO OPT OUT OF PROMOTIONAL EMAILS, YOU CAN UNSUBSCRIBE FROM OUR PROMOTIONAL EMAIL LIST BY FOLLOWING THE UNSUBSCRIBE OPTIONS IN THE PROMOTIONAL EMAIL ITSELF.
IF YOU WISH TO OPT OUT OF PROMOTIONAL CALLS OR TEXTS, PLEASE EMAIL PRIVA. YOU ACKNOWLEDGE THAT YOU ARE NOT REQUIRED TO CONSENT TO RECEIVE PROMOTIONAL TEXTS OR CALLS AS A CONDITION OF USING THE PRIVA PLATFORM. IF YOU WISH TO OPT OUT OF ALL TEXTS OR CALLS FROM PRIVA (INCLUDING OPERATIONAL OR TRANSACTIONAL TEXTS OR CALLS), PLEASE EMAIL PRIVA. HOWEVER, YOU ACKNOWLEDGE THAT OPTING OUT OF RECEIVING ALL TEXTS MAY IMPACT YOUR USE OF THE PRIVA PLATFORM.
5. Your Information
6. Restricted Activities
With respect to your use of the Priva Platform, you agree that you will not:
impersonate any person or entity;
stalk, threaten, or otherwise harass any person;
carry any weapons;
violate any law, statute, rule, permit, ordinance or regulation;
interfere with or disrupt the Priva Platform or the servers or networks connected to the Priva Platform;
post Information or interact on the Priva Platform in a manner which is false, inaccurate, misleading (directly or by omission or failure to update information), defamatory, libelous, abusive, obscene, profane, offensive, sexually-oriented, threatening, harassing, or illegal;
use the Priva Platform in any way that infringes any third party’s rights, including but not limited to: intellectual property rights, copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
post, email or otherwise transmit any malicious code, files or programs designed to interrupt, damage, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or surreptitiously intercept or expropriate any system, data or personal information;
forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Priva Platform;
“frame” or “mirror” any part of the Priva Platform, without our prior written authorization or use meta tags or code or other devices containing any reference to us in order to direct any person to any other website for any purpose; or
modify, adapt, translate, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Priva Platform or any software used on or for the Priva Platform;
rent, lease, lend, sell, redistribute, license or sublicense the Priva Platform or access to any portion of the Priva Platform;
use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, scrape, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Priva Platform or its contents;
link directly or indirectly to any other websites;
transfer or sell your User account, password and/or identification to any other party
discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation, or
cause any third party to engage in the restricted activities above.
7. Intellectual Property
All intellectual property rights in the Priva Platform shall be owned by Priva absolutely and in their entirety. These rights include and are not limited to database rights, copyright, design rights (whether registered or unregistered), trademarks (whether registered or unregistered) and other similar rights wherever existing in the world together with the right to apply for protection of the same. All other trademarks, logos, service marks, company or product names set forth in the Priva Platform are the property of their respective owners. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information (“Submissions”) provided by you to us are non-confidential and shall become the sole property of Priva. Priva shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
Priva and other Priva logos, designs, graphics, icons, scripts, and service names are registered trademarks, trademarks or trade dress of Priva in the United States and/or other countries (collectively, the “Priva Marks”). If you provide services as a Driver, Priva grants to you, during the term of this Agreement, and subject to your compliance with the terms and conditions of this Agreement, a limited, revocable, non-exclusive license to display and use the Priva Marks solely in connection with providing the services through the Priva Platform (“License”). The License is non-transferable and non-assignable, and you shall not grant to any third party any right, permission, license or sublicense with respect to any of the rights granted hereunder without Priva’s prior written permission, which it may withhold in its sole discretion. The Priva Marks may not be used in any manner that is likely to cause confusion.
You acknowledge that Priva is the owner and licensor of the Priva Marks, including all goodwill associated therewith, and that your use of the Priva Marks will confer no additional interest in or ownership of the Priva Marks in you but rather inures to the benefit of Priva. You agree to use the Priva Marks strictly in accordance with Priva’s Trademark Usage Guidelines, as may be provided to you and revised from time to time, and to immediately cease any use that Priva determines to be nonconforming or otherwise unacceptable.
You agree that you will not: (1) create any materials that incorporate the Priva Marks or any derivatives of the Priva Marks other than as expressly approved by Priva in writing; (2) use the Priva Marks in any way that tends to impair their validity as proprietary trademarks, service marks, trade names or trade dress, or use the Priva Marks other than in accordance with the terms, conditions and restrictions herein; (3) take any other action that would jeopardize or impair Priva’s rights as owner of the Priva Marks or the legality and/or enforceability of the Priva Marks, including, without limitation, challenging or opposing Priva’s ownership in the Priva Marks; (4) apply for trademark registration or renewal of trademark registration of any of the Priva Marks, any derivative of the Priva Marks, any combination of the Priva Marks and any other name, or any trademark, service mark, trade name, symbol or word which is similar to the Priva Marks; (5) use the Priva Marks on or in connection with any product, service or activity that is in violation of any law, statute, government regulation or standard.
Violation of any provision of this License may result in immediate termination of the License, in Priva’s sole discretion. If you create any materials bearing the Priva Marks (in violation of this Agreement or otherwise), you agree that upon their creation Priva exclusively owns all right, title and interest in and to such materials, including without limitation any modifications to the Priva Marks or derivative works based on the Priva Marks. You further agree to assign any interest or right you may have in such materials to Priva, and to provide information and execute any documents as reasonably requested by Priva to enable Priva to formalize such assignment.
Priva respects the intellectual property of others and expects the same in return.
The following disclaimers are made on behalf of Priva, our affiliates, subsidiaries, parents, successors and assigns, and each of our respective officers, directors, employees, agents, consultants, and shareholders.
The Priva Platform is provided on an “as is” basis and without any warranty or condition, express, implied or statutory. We do not guarantee and do not promise any specific results from use of the Priva Platform and/or the services, including the ability to provide or receive services at any given location or time. We specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.
We do not warrant that your use of the Priva Platform or services will be accurate, complete, reliable, current, secure, uninterrupted, always available, or error-free, or will meet your requirements, that any defects in the Priva Platform will be corrected, or that the Priva Platform is free of viruses or other harmful components. We disclaim liability for, and no warranty is made with respect to, connectivity and availability of the Priva Platform or services.
It is possible for others to obtain information about you that you provide, publish or post to or through the Priva Platform (including any profile information you provide), send to other Passengers, or share during the services, and to use such information to harass or harm you. We are not responsible for the use of any personal information that you disclose to other Passengers on the Priva Platform or through the services. Please carefully select the type of information that you post on the Priva Platform or through the services or release to others. We disclaim all liability, regardless of the form of action, for the acts or omissions of other Passengers (including unauthorized Passengers, or “hackers”).
Priva advises you to use the Priva Platform with a data plan with unlimited or very high data usage limits, and Priva shall not responsible or liable for any fees, costs, or overage charges associated with any data plan you use to access the Priva Platform.
You will defend, indemnify, and hold Priva including our affiliates, subsidiaries, parents, successors and assigns, and each of our respective officers, directors, employees, agents, consultants, or shareholders harmless from any claims, actions, suits, losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of the Priva Platform, including: (1) your breach of this Agreement or the documents it incorporates by reference; (2) your violation of any law or the rights of a third party, including, without limitation, Drivers, Passengers, other motorists, and pedestrians, as a result of your own interaction with such third party; (3) any allegation that any materials that you submit to us or transmit through the Priva Platform or to us infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party. This indemnity shall be applicable without regard to the negligence of any party, including any indemnified person.
10. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL COMPANY, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, CONSULTANTS, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SERVICE. UNDER NO CIRCUMSTANCES WILL COMPANY BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMPANY ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL COMPANY, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO COMPANY HEREUNDER OR $100.00, WHICHEVER IS GREATER.
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
11. Dispute Resolution and Arbitration Agreement
This Dispute Resolution and Arbitration Agreement shall apply if you (i) reside in the United States; or (ii) do not reside in the United States, but bring any claim against Priva in the United States.
Overview of Dispute Resolution Process
Priva is committed to participating in a consumer-friendly dispute resolution process. To that end, these Terms provide for a two-part process for individuals to whom this section applies: (1) an informal negotiation directly with Priva, and (2) a binding arbitration administered by the American Arbitration Association (“AAA”) using its specially designed Consumer Arbitration Rules (as modified by this Section 12). Specifically, the process provides:
Claims can be filed with AAA online (www.adr.org);
Arbitrators must be neutral and no party may unilaterally select an arbitrator;
Arbitrators must disclose any bias, interest in the result of the arbitration, or relationship with any party;
Parties retain the right to seek relief in small claims court for certain claims, at their option;
The initial filing fee for the consumer is capped at $200;
The arbitrator can grant any remedy that the parties could have received in court to resolve the party’s individual claim.
Pre-Arbitration Dispute Resolution and Notification
Prior to initiating an arbitration, you and Priva each agree to notify the other party of the dispute and attempt to negotiate an informal resolution to it first. We will contact you at the email address you have provided to us; you can contact Priva by emailing us. If after a good faith effort to negotiate one of us feels the dispute has not and cannot be resolved informally, the party intending to pursue arbitration agrees to notify the other party via email prior to initiating the arbitration. In order to initiate arbitration, a claim must be filed with the AAA and the written Demand for Arbitration (available at www.adr.org) provided to the other party, as specified in the AAA Rules.
Agreement to Arbitrate
You and Priva mutually agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement or interpretation thereof, or to the use of the Priva Platform (collectively, “Disputes”) will be settled by binding arbitration (the “Arbitration Agreement”). If there is a dispute about whether this Arbitration Agreement can be enforced or applies to our Dispute, you and Priva agree that the arbitrator will decide that issue.
Exceptions to Arbitration Agreement
You and Priva each agree that the following claims are exceptions to the Arbitration Agreement and will be brought in a judicial proceeding in a court of competent jurisdiction: (i) Any claim related to actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights; (ii) Any claim seeking emergency injunctive relief based on exigent circumstances (e.g., imminent danger or commission of a crime, hacking, cyber-attack).
Arbitration Rules and Governing Law
This Arbitration Agreement evidences a transaction in interstate commerce and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. The arbitration will be administered by AAA in accordance with the Consumer Arbitration Rules (the “AAA Rules“) then in effect, except as modified here. The AAA Rules are available at www.adr.org or by calling the AAA at 1–800–778–7879.
Modification to AAA Rules -- Arbitration Hearing/Location
In order to make the arbitration most convenient to you, Priva agrees that any required arbitration hearing may be conducted, at your option, (a) in Cook County; (b) in any other location to which you and Priva both agree; (c) via phone or video conference; or (d) for any claim or counterclaim under $25,000, by solely the submission of documents to the arbitrator.
The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court with proper jurisdiction. The arbitrator may award declaratory or injunctive relief only on an individual basis and only to the extent necessary to provide relief warranted by the claimant’s individual claim.
Jury Trial Waiver
You and Priva acknowledge and agree that we are each waiving the right to a trial by jury as to all arbitrable Disputes.
No Class Actions or Representative Proceedings
You and Priva acknowledge and agree that we are each waiving the right to participate as a plaintiff or class member in any purported class action lawsuit, class-wide arbitration, private attorney-general action, or any other representative proceeding as to all Disputes. Further, unless you and Priva both otherwise agree in writing, the arbitrator may not consolidate more than one party’s claims and may not otherwise preside over any form of any class or representative proceeding. If this paragraph is held unenforceable with respect to any Dispute, then the entirety of the Arbitration Agreement will be deemed void with respect to such Dispute.
Except as provided in Section titled “No Class Actions or Representative Proceedings”, in the event that any portion of this Arbitration Agreement is deemed illegal or unenforceable, such provision shall be severed and the remainder of the Arbitration Agreement shall be given full force and effect.
Notwithstanding the provisions of Section 2 (“Modification of the Agreement”), if Priva changes this Section 12 (“Dispute Resolution and Arbitration Agreement”) after the date you last accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email) within thirty (30) days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of Priva’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Priva in accordance with the provisions of the “Dispute Resolution and Arbitration Agreement” section as of the date you last accepted these Terms (or accepted any subsequent changes to these Terms).
This Section 11 will survive any termination of these Terms and will continue to apply even if you stop using the Priva Platform or terminate your User account.
12. Choice of law
Except as provided in Section 11, this Agreement shall be governed by and are to be interpreted in accordance with the laws of the State of Illinois.