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Zūm Terms of Use

Zūm Terms of Use

Last updated: August 21, 2023

Thanks for using Zūm! This website and our mobile device applications, including the Zūm driver app, parent, and student apps (“Apps”) are owned and operated by Zūm Services, Inc. Our mission is to reinvent student transportation and charter services to enable greater safety, sustainability, equity, and transparency. Zūm accomplishes this by operating a technology platform to enable more flexible and efficient planning of transportation routes and event-based transportation (such as field trips or sporting events), real time tracking, and communication related to student rides, and related services (collectively referred to as our “Services”).

Acceptance of the Terms; Changes to Terms

Acceptance of Terms

These terms of use (“Terms”) cover your access to and use of our Services. Our Privacy Policy explains how we collect and use your information.  Additionally, our Acceptable Use Policy outlines what we need you to do when using our Services. By using our Services, you agree to act consistently with these Terms, including our Privacy Policy and Acceptable Use Policy.

Changes to Terms

We may propose changes to these Terms from time to time. If we propose changes, we will post the amended Terms on our Service and update the “Last Updated” date above.  Unless we say otherwise, the amended Terms will be effective immediately and your continued use of our Service will confirm your acceptance of the changes.

Users; Services

Types of Users.

These Terms of Service apply to the following (“Users”):

  • parents and legal guardians who are provided accounts by their children’s schools (collectively, “Parents”) to enable them to use the Services, including managing rides, receiving notifications, tracking rides in real-time and, in certain circumstances, contacting drivers;
  • children, who may view their accounts if set up by a Parent, or passengers of the Zūm charter transportation services (collectively “Passengers”);
  • other users (such as coaches, chaperones, parents and legal guardians of Passengers) of the Charter Services;
  • our employees and contractors who provide the Services, including driving the transportation vehicles (“Drivers”), providing live customer support, and facilitating overall operations for the Organization (collectively the “Zūm Staff”)

User Eligibility.

To access or use the Services, you represent that : (a) you are at least 18 years old or under the supervision of an adult, in which case the adult will be considered the User and responsible for the activities. You agree that you are the Parent of any users younger than 18 years of age that you add to your account, and that you consent to their use of the Services; and (b) you are an “Authorized User” as identified and authenticated by (i) your Organization, in the case of Parents or Passengers, or (ii) Zūm Staff, in the case of employees of Zūm. “Organization” means an educational institution or other organization, such as an athletic team, youth organization, or corporation for whom we provide Services. You will need to discontinue your use of the Services if you are no longer eligible.

User Security.

Please be sure to keep your password and account information confidential. And please notify us immediately of any unauthorized or compromised use of your password or account and change your password if requested. We are not liable for any losses caused by unauthorized use of your account.

Zūm Content and Services.

Our Service and the text, graphics, images, photographs, videos, illustrations, trademarks, trade names, service marks, logos, slogans, and other content on our platform (collectively, the “Zūm Content”) are owned by or licensed to Zūm. Except as stated in these Terms, Zūm and our licensors reserve all rights in and to our Service and the Zūm Content. You may use the Services only as permitted by applicable laws and regulations and these Terms.

License and Updates.

Subject to your compliance with these Terms and unless otherwise provided in a separate written agreement, we grant you a non-exclusive, limited, revocable, royalty-free, personal, non-transferable, and non-sublicensable license to use any software components in the Services, including the Apps, and to download and use the Apps on your mobile device in object code form, for your personal, non-commercial use. You consent to any automatic upgrades of any App and understand that these Terms will apply to all updated versions of the App.

Messaging and Contact.

Users may use the messaging functionality of our Services within our platform and apps to contact Zūm Staff, such as customer service and, in certain circumstances, Drivers, regarding a particular ride. All messaging and other contact between Authorized Users will be in accordance with our Acceptable Use Policy.

Third Party Services.

The Services enable you to request or receive certain supporting services provided by third parties, including payment processing, if applicable, and customer support.

Charter Services.

You may order chartered transportation services as described on https://www.ridezum.com/charter/ (the “Charter Services”).

User Content

“User Content” is defined as any content, information, text, images, photos, videos, reviews, ratings, messages, or other materials that you, as a User, provide to Zūm, post or submit to the Services, or provide to another User through the Services. You agree that you will not provide any User Content that violates these Terms (including, as a reminder, our Acceptable Use Policy).  Our collection and use of personal information in connection with the Zūm platform, Apps and Services is as provided in Zūm’s Privacy Policy.  

You retain all rights in, and are responsible for, all User Content provided by you to or through the Services. To enable Zūm to use your User Content for the purposes described in the Privacy Policy and these Terms, or to otherwise improve the Zūm platform, Apps and Services, you grant Zūm a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, fully-transferable, and sub-licensable license to copy, distribute, modify, or otherwise use the User Content. You represent that you have the legal right to license and otherwise provide User Content to us and other Users. We have the right  to remove or modify User Content for any reason. Except for the Zūm Staff, Zūm is not responsible for the conduct of, or content or services provided by, any Users (online or offline) or third parties (including, e.g., hackers) even if you experienced that content, conduct, or services in connection with our Services.

Limitations of Liability

Zūm is not liable for any direct, indirect, incidental, special, consequential, or punitive damages, nor any loss of use, profits, revenues, goodwill, or other intangible losses whether incurred directly or indirectly, resulting from: (i) your use of the Services; or (ii) unauthorized access, use, or alteration of your account.

Dispute Resolution; Binding Arbitration

Please read the following section carefully because it requires you to arbitrate certain disputes and claims with Zūm and limits the manner in which you can seek relief from us.

Except for small claims disputes in which you or Zūm seek to bring an individual action in small claims court located in the county of your billing address or disputes in which you or Zūm seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, you and Zūm waive your rights to a jury trial and to have any dispute arising out of or related to these Terms or our Service resolved in court. Instead, all disputes arising out of or relating to these Terms or our Service will be resolved through confidential binding arbitration held in San Francisco County, California before JAMS (Judicial Arbitration and Mediation Services) with a single arbitrator in accordance with the Streamlined Arbitration Rules and Procedures of JAMS, which are available on the JAMS website and hereby incorporated by reference. You either acknowledge and agree that you have read and understand the rules of JAMS or waive your opportunity to read the rules of JAMS and any claim that the rules of JAMS are unfair or should not apply for any reason.

No Class or Representative Actions.

You and Zūm agree that any dispute arising out of or related to these Terms or to our Service is personal to you and Zūm and that any dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding. You and Zūm agree that these Terms affect interstate commerce and that the enforceability of this Section 5 will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the “FAA”), to the maximum extent permitted by applicable law. If the FAA is found inapplicable to these Terms for any reason, California’s Arbitration Act shall govern. See Cal. Civ. Proc. Code § 1280 et seq. As limited by the FAA, these Terms and the JAMS Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any dispute and to grant any remedy that would otherwise be available in court; provided, however, that the arbitrator does not have the authority to conduct a class arbitration or a representative action, which is prohibited by these Terms. The arbitrator may only conduct an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual. You and Zūm agree that for any arbitration you initiate, you will pay the filing fee and Zūm will pay the remaining JAMS fees and costs. For any arbitration initiated by Zūm, Zūm will pay all JAMS fees and costs. You and Zūm agree that state court in San Mateo County, California and federal court in the Northern District of California have exclusive jurisdiction over any appeals and the enforcement of an arbitration award.
The parties agree that the California limitations period will apply to any state law cause of action and that the applicable federal limitations period will apply to any federal claims.

Right to Opt-Out.

You have the right to opt out of binding arbitration within 30 days of the date you first accepted the terms of this Section 5 by emailing Zūm at termsofuse [at] ridezum [dot] com. In order to be effective, the opt out notice must include your full name and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve disputes in accordance with Section 6 (Governing Law and Venue).

Governing Law and Venue

These Terms and your access to and use of our Service will be governed by and construed and enforced in accordance with the laws of California, without regard to conflict of law rules or principles (whether of California or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any dispute between the parties that is not subject to arbitration or cannot be heard in small claims court will be resolved in state court in San Mateo County, California or federal court in the Northern District of California.

Links to Third-Party Sites

You may see links to third-party sites on the Services. We may allow such links for informational purposes. Zūm has no control over and is not responsible for the content in linked sites. Your use of third-party sites may be governed by third-party terms of use and privacy policies or other agreements.

Changes and Termination of the Services

We are constantly looking to improve our Services. As a result, we may require you to accept updates to the Apps or software that you have installed on your computer or mobile device. Unless otherwise agreed in a separate written agreement with you, we reserve the right, without notice and in our discretion, (a) to add, change, or remove content, functions, features, or requirements, or (b) to suspend or terminate your account, for any reason or no reason.

General

Severability.

If any of these Terms is determined to be invalid or for any reason unenforceable, then the invalid or unenforceable term will be deemed severable, and all other provisions of these Terms will continue in full force and effect.

Assignment.

Zūm may assign these Terms, in whole or in part, at any time with or without notice to you. You may not assign these Terms, or assign, transfer, or sublicense your rights, if any, in the Services.

Entire Agreement.

Except for any separate written agreements that apply to your use of the Services, this is the entire understanding between you and us regarding the use of the Services and supersedes all prior agreements (verbal or written) between you and us regarding this subject matter.

No Waiver.

Zūm’s delay or failure to assert any right or provision under these Terms does not constitute a waiver of such right or provision.

Force Majeure.

In no event shall Zūm be responsible or liable for any failure or delay in the performance of its obligations under these Terms arising out of or caused by, directly or indirectly, Acts of God, emergencies, pandemics, mechanical or Internet failure, regulatory or other governmental action, or other events beyond its control.

Notice.

You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on the site or Apps or otherwise through the Services, and that it constitutes written notice where that is required.

California Residents.

If you are a California resident, in accordance with California Civil Code Section 1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210.

Digital Millennium Copyright Act

If you are a copyright owner or an agent of a copyright owner and believe that any content on the site or Apps infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail): 

(i)  a physical signature of the person authorized to act on behalf of the copyright owner;

(ii) a description of the copyrighted work that you claim has been infringed upon;

(iii) a description of where the material that you claim is infringing is located;

(iv) your address, telephone number, and e-mail address;

(v) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

(vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

You may direct copyright infringement notifications to our Copyright Agent as follows:

Designated Agent: Director Legal & Policy Affairs

Address: 275 Shoreline Drive, Suite # 300, Redwood City, CA 94065

Telephone Number: +1-855-Ridezum (1-855-743-3986)

E-Mail Address: termsofuse [at] ridezum [dot] com. You acknowledge that if you fail to comply with all of the requirements of this Section, your notice pursuant to this Section 10 may not be valid.

Additional Terms for Mobile Apps

Mobile Apps.

You agree to be responsible for any additional charges from your wireless provider for using an App.

Additional Terms for iOS Users.

If you are using the App on an iOS device (the “Zūm iOS App”), Apple requires that the below additional terms apply:

  • Acknowledgment. You acknowledge that these Terms are between you and Zūm only, not with Apple Inc., and Apple is not responsible for the Zūm iOS App or the content thereof.
  • Scope of License. You acknowledge and agree that the license granted to you in this Section is limited to your use of the Zūm iOS App as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions.
  • Maintenance and Support. Apple has no obligation to furnish any maintenance or support services with respect to the Zūm iOS App.
  • Warranty. To the maximum extent permitted by applicable law, Apple will have no warranty obligation whatsoever with respect to the Zūm iOS App.
  • Product Claims. Apple is not responsible for addressing any claims of you or any third party relating to the Zūm iOS App or your possession and/or use of the Zūm iOS App, including, but not limited to: (i) product liability claims; (ii) any claim that the Zūm iOS App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation.
  • Intellectual Property Rights. Apple is not responsible for the investigation, defense, settlement or discharge of any third-party claim that the Zūm iOS App or your possession and use of the Zūm iOS App infringe such third party’s intellectual property rights.
  • Legal Compliance. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
  • Third-Party Terms of Agreement. You must comply with applicable third-party terms of agreement when using the Zūm iOS App, e.g., you must not be in violation of your wireless data service agreement when using the Zūm iOS App.
  • Third-Party Beneficiary. Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms, and that, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce this Section on mobile applications against you as a third-party beneficiary thereof.
  • Developer’s Name and Address. Zūm’s company address is 275 Shoreline Drive, Suite # 200, Redwood City, CA 94065. Please email termsofuse [at] ridezum [dot] com if you have any questions, complaints, or claims with respect to the Zūm iOS App.

Acceptable Use Policy

You agree not to, and not to permit or encourage others to, do any of the following:

  • Use our Services if you are under eighteen (18) years old without your parent or legal guardian’s consent or if you are suspended or terminated from using our Services;
  • Permit anyone else to use your login information, password, or account;
  • Attempt to gain unauthorized access to another’s account or to the Services;
  • Impersonate another person or misrepresent your affiliation with another person or entity;
  • Defraud, harass, interfere with, or harm others, or otherwise violate the legal rights of others or post profanities or other objectionable or unlawful conduct;
  • Arrange or attempt to arrange rides for any Passenger for whom you are not authorized to do so;
  • Interfere with any other Users from using and enjoying the Services;
  • Distribute any untrue, inaccurate, misleading, or deceptive information in or through the Services;
  • Distribute any political campaigning, mass mailings, junk, or any form of “spam”;
  • Infringe the copyright, trademark, patent, publicity, moral, and/or other intellectual property rights of Zūm, any Users, or others;
  • Modify, decompile, disassemble, or reverse engineer any software contained in the Services or make attempts to do so;
  • Violate or circumvent any security features of the Services or make attempts to do so;
  • Upload or distribute viruses, worms, Trojan horses, spiders, or any other similar software or materials that may damage, interfere with, or otherwise overburden the Services;
  • Use data mining, robots, or similar data gathering or extraction tools or otherwise use the Services to create a competing product or service;
  • Reproduce, duplicate, copy, sell, re-sell, or exploit any information, materials, or content obtained from the Services for commercial or any illegitimate purpose;
  • Use the Services or any information obtained from the Services to solicit, advertise to, or contact Users for any purposes not specified or allowed in the Terms;
  • Otherwise violate the Terms of Use.

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