If you are using the Service as an Owner and your vehicle requires the installation of a Getaround Connect® device in order for Getaround to provide you with our Services, the following Connect® Terms and Conditions (the “Connect Terms”) shall, together with the Terms of Service (the “General Terms”), apply to your use of the Services. Any undefined capitalized terms used herein shall have the meaning ascribed to such terms in the General Terms. If you do not agree with any part of these terms and conditions, you should not participate as a Getaround Owner. Getaround reserves the right to modify the terms and conditions at any time. By allowing Getaround Connect® to be installed in your car and continuing your participation as a Getaround Owner, you are accepting these, and any revisions to these, terms and conditions.
The Getaround Connect® (“Connect”) is an electronic device that can be installed in your vehicle to help us provide the Service. Connect devices are the property of Getaround and may be provided by us for each vehicle you enroll in the Service. Getaround retains all right, title, and interest in and to the Connect device and firmware. You may not reverse engineer, disassemble, decompile, alter, duplicate, translate, make copies, or create derivative works from the device or firmware, or otherwise attempt to derive the source code of the firmware. If applicable law permits such activities, any information discovered as a result of these activities must be promptly disclosed to Getaround and is the confidential and proprietary information of Getaround.
You acknowledge and agree that in order for you to use the Service as an Owner, a Connect device must be installed and remain installed for the duration of your use of the Service. Only Getaround or a third party service provider that is authorized by Getaround may uninstall the Connect device from your Car. If the Connect device is uninstalled, including by a third party authorized by Getaround, you must immediately inform Getaround. If an unauthorized person, including but not limited to an unauthorized mechanic, removes, changes the wiring, or uninstalls the Connect resulting in the need to re-install the device, you acknowledge and agree that there will be a $150 re-installation fee that will be charged to your account, and that any charges for the work performed by the unauthorized person will not be reimbursed by Getaround.
If you are an Owner and a Connect device has been installed in your car, you must contact Getaround immediately upon experiencing any issues with starting your car. Failure to contact Getaround immediately in such situations, before bringing your car to a third party such as a dealer or mechanic, will render such third party an unauthorized person whose diagnostic or repair work will not be reimbursed by Getaround.
Prior to installation, Owner must disclose any third party devices installed in their vehicle and acknowledge that Getaround takes no responsibility for any liability arising out of the use or installation of third party devices in their vehicle. Getaround will not be responsible for any customer service needs regarding the use or installation of such third party devices.
You hereby acknowledge and accept that you will be charged a one-time installation fee and a monthly subscription fee in accordance with the Fee and Commission Schedule.
You may not use the Connect Services for any unlawful purposes or solely in connection with the placement of your vehicle on any other car-sharing services. However, so long as your vehicle is actively enrolled in the Service, the Connect may remain installed in your vehicle even if such vehicle is also enrolled in another car-sharing service, subject to the requirements listed under Vehicle Data, below.
When you use the Service, you must have a valid credit card associated with your Getaround Account at all times.
You must notify us immediately if and when: (i) you remove your vehicle from the Service, and (ii) when you sell or otherwise transfer ownership of your vehicle to a third party; provided, that, in each case, you acknowledge and agree that, it is your responsibility to have the Connect device removed by an authorized party and promptly returned to Getaround. Owner will continue being charged the full monthly Subscription Fee at the beginning of each calendar month if the Connect is not returned within fifteen (15) days of your vehicle being delisted.
You acknowledge and agree that any that you will be charged a fee of $250 for each device not returned to us in good working condition within thirty (30) days of your vehicle being delisted. Please note that this includes vehicles that are rendered unrepairable in an accident, repossessed. or impounded outside of a Getaround trip. Normal wear and tear and damage to device caused by an accident will not result in a charge. IF THE CONNECT DEVICE IS NOT RETURNED AFTER NINETY (90) DAYS FROM THE DATE YOUR VEHICLE IS DELISTED, AND WE ARE UNABLE TO COLLECT THE $250 FEE ABOVE, YOU HEREBY AUTHORIZE GETAROUND TO TAKE ANY LAWFUL ACTIONS NECESSARY, INCLUDING LOCATING AND ACCESSING THE VEHICLE, TO REMOVE THE CONNECT DEVICE AT OWNER’S SOLE EXPENSE.
If ownership of a vehicle installed with a Connect device is transferred to a third party before the removal of such Connect device, you as the Owner will indemnify and hold harmless Getaround and its subsidiaries, agents, licensors, managers, and other affiliated companies and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from such transfer, including with respect to damage to the applicable vehicle or loss of data.
During your use of the Services, Getaround warrants that the Connect Device installed in your vehicle will operate substantially in accordance with applicable documentation and be free of material defects. You acknowledge and agree that your sole and exclusive remedy with respect to the foregoing warranty is replacement of the nonconforming or defective Connect devices.
Except as expressly set forth herein, Connect and the Connect Service is provided on an “as is” and “as available” basis. Use of the Connect and the Connect Service is at your own risk. To the maximum extent permitted by applicable law, the Connect and Connect Service is provided without warranties of any kind, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
Without limiting the foregoing, Getaround, its subsidiaries, its affiliates, and its licensors do not warrant that: (i) the Connect or the Connect Service is accurate, reliable, or correct; (ii) that the Connect or Connect Service will meet your requirements; (iii) that the Connect Service will be available at any particular time or location, uninterrupted, or secure; (iv) that any defects or errors will be corrected; or (v) that the Connect or Connect Service is free of viruses or other harmful components.
You acknowledge that Connect relies on location information, such as GPS and cellular connectivity. Cellular connectivity and satellite signals are dependent on a number of factors not within Getaround’s control including weather, topographical changes, changes to and support of network cellular technologies, the functionality of various satellites, cell towers, clouds, and other factors. You expressly waive any and all claims or damages against Getaround that result from Connect not working, malfunctioning, failing, or otherwise not fulfilling its intended purpose.
Although Connect has Enhanced Security features, Getaround makes no representations, warranties or guarantees that Connect or such Enhanced Security features will prevent theft to or damage of your vehicle. Getaround will use commercially reasonable efforts to retrieve the Owner’s vehicle to the extent that a security incident occurs during a Getaround trip. Getaround’s insurance policy does not cover theft to or damage of your car that occurs outside of an active Getaround trip. Only your own personal insurance policy can cover such incidents, and you are solely responsible for purchasing and maintaining such coverage. You expressly waive any and all claims or damages against Getaround that may result from security incidents occurring outside an active Getaround trip.
Connect operates by drawing power from the vehicle’s battery power, and you acknowledge and agree that the performance of the Connect may be affected by the performance or capability of your vehicle’s battery. Care should be taken in using the Connect device in vehicles that have old or weak batteries, or that may go extended periods without being driven.
Data collected from a Connect device (“Vehicle Data”) may be useful in determining the cause of an automobile accident. If you're in an accident, you may have a legal obligation to preserve the information on the device. This information may be sought by opposing parties in a civil lawsuit or by police when investigating the cause of an accident, or we may be legally obligated to provide such information in response to a subpoena or as otherwise required by law.
In connection with your use of the Connect Service, you may have access to certain driving information or other Vehicle Data about your vehicle and its location. You may not use such information or Vehicle Data for any unlawful purpose or otherwise in connection with any third party car-sharing or rental service. You expressly agree to indemnify and hold Getaround harmless from any and all claims or damages that result from your use of such information or data.
Owner agrees not to use Connect for any unlawful or abusive purpose or in any way that interferes with Connect. Customer will comply with all laws while using Connect and will not transmit any communication that would violate any federal, state, or local law, court, or regulation. You may not resell the Connect Services or Connect device. By using the Services and/or the Devices, you agree to abide by the terms and conditions of any software license agreements applicable to any software associated with the Connect device or Connect Services.
In the event of a conflict between these Connect Terms and the General Terms, these Connect Terms shall control with respect to the use of the Services.