RUBI serves as a technology platform and intermediary between passengers ages seven (7) and older and their legal guardians and third-party transportation providers (“Drivers”). RUBI does not directly provide transportation services, nor does it serve as a transportation carrier or childcare provider.
To use The Services, You will first set up a User profile through this software platform. To create a User profile, You must provide a valid credit card number and set up a profile according to the prompts. The membership profile requires User to provide certain personally identifiable information and will require other information about User and Rider. You must provide accurate account information and promptly update this information if it changes.
Driver is not an employee of RUBI, but rather, an independent contractor providing transportation services directly to Rider and other passengers. Driver will receive, through RUBI’s digital network application, a connection to Rider to transport Rider between points You choose in exchange for Your payment of a fee to RUBI. RUBI shall subsequently remit payment to Driver according to mutually agreeable terms as set forth between RUBI and Driver.
RUBI will not permit or instruct Driver to pick up Rider if Rider or User hails Driver from the street or through any means other than this software platform; nor will Driver discharge Rider at random except at Your request.
RUBI shall take precautions to ensure that any ratings that our Drivers make of You are not based on unlawful discrimination, and that Driver does not discriminate against passengers or potential passengers on the basis of geographic endpoints of the ride, race, color, national origin, religion, sex, disability, age, or sexual orientation/identity.
Unless otherwise agreed in a separate written agreement, The Services are solely for personal, noncommercial use, and You are authorized to access and use The Services, including this software platform, solely for personal use.
RUBI and Driver reserve the right to refuse services to any passenger or passenger’s legal guardian, including User or Rider, at their discretion for cause.
Driver’s provision of transportation services to Rider through User’s account creates a direct business relationship between Driver and User. Although RUBI conducts significant screenings of its transportation providers and prides itself on providing trustworthy rideshare services, RUBI simply cannot provide these services and also accept liability for actions or inactions outside of its control. As such, RUBI is not responsible for the actions or inactions of Driver in direct relation to User or Rider, or for the vehicle possessed by Driver and used to provide transportation services under this Agreement (“Driver’s Vehicle”). Driver has sole responsibility for any obligations or liabilities to User, Rider and third parties that arise from Driver’s provision of transportation services. User assumes responsibility for taking such precautions as may be reasonable and proper regarding any acts or omissions of Driver or other third party.
RUBI may release Driver’s contact and insurance information to You upon Your reasonable request.
You must be at least eighteen (18) years of age. You assume full responsibility for the acts or omissions of Rider in connection with The Services and the acts of anyone authorized to arrange for The Services through Your RUBI account. You represent and warrant to Us that You will only book rides for Riders for whom You are the parent or legal guardian, or for whom You have been specifically authorized to do so by the parent or legal guardian of Rider, and he, she or they have agreed to the terms and conditions contained herein.
RUBI shall suffer no liability for any of the acts, negligence, omissions, or any other conduct of User or Rider at any time related to any activities specified herein; and User agrees to hold RUBI, its officers, directors, employees, independent contractors, and its agents, harmless from any and all claims arising from User's or Rider’s activities, acts or omissions.
To the fullest extent permitted by applicable law, User will indemnify, defend, and hold harmless RUBI and each of our respective officers, directors, agents, partners and employees from and against any loss, liability, claim, demand, damages, expenses (including reasonable attorneys’ fees) and costs (“Claims”) arising out of or related to (a) User’s and Ryder’s access to or use of The Services; (b) User Content; (c) User’s violation of this Agreement; (d) User’s or Ryder’s violation, misappropriation or infringement of any rights of another person or entity (including intellectual property rights or privacy rights); (e) any breach or alleged breach of any representation or warranty in this Agreement; or (e) User’s or Ryder’s conduct in connection with The Services, including any bodily injury or property damage User or Rider causes. User agrees to promptly notify RUBI of any third-party Claims, cooperate with RUBI in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including, but not limited to, attorneys’ fees). User also agrees that RUBI will have control of the defense or settlement of any third-party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between User and RUBI.
You make use of The Services at Your sole risk. The Services are provided on an “as is” and “as available” basis without warranties of any kind, either expressed or implied, including but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. In addition, RUBI does not represent or warrant that The Services are accurate, complete, reliable, current or error-free. RUBI cannot and does not represent or warrant that The Services are free of viruses or other harmful components. You assume the entire risk as to the quality and performance of The Services.
To protect the safety of Rider and effectiveness of services provided by RUBI, RUBI reserves the right to record Rider with audio, video, or both, using cameras installed in vehicles used by Driver while performing services under this Agreement, and You consent to any and all recording of User or Rider or both during the provision of said services.
Upon responding to a request for service, Driver will arrive at the scheduled pick-up location at the designated time. Driver will wait for Rider at that location for a period of up to twenty (20) minutes. If Rider does not show up within twenty (20) minutes of the scheduled pick-up time, Driver reserves the right to leave the designated pick-up location and cancel the trip.
- Confidential Information.
- The parties agree that RUBI is engaged in a business with certain unique techniques and assets, including but not limited to the following: customer and client lists; computer programs and software relating to RUBI’ services; RUBI’ rates; the names, addresses and other records of individual accounts, including the names and addresses of minors; payment and financial records for all accounts; customer claims and request information ("Confidential Information"). Except as otherwise provided herein, all Confidential Information is the sole and exclusive property of RUBI at all times including during the term of this Agreement and all times thereafter. At no time shall User have any right, title or interest in any of RUBI’ Confidential Information, nor authority to disclose any of same. This Section shall survive termination of this Agreement.
- RUBI shall take all reasonable precautions to protect the confidentiality of sensitive personal information related to User and Driver. However, RUBI shall comply with all provisions of law and regulations, including but not limited to MD Code, Public Utilities, § 10-406, Imposition of assessments, and similar provisions under other states’ laws, which may require certain reports and disclosures to regulatory bodies from time to time.
- User Content. To the extent that RUBI’ digital platform enables User to post photos, reviews, and other content from time to time (“User Content”), User retains all rights in and to that User Content. User grants RUBI a perpetual, irrevocable, nonexclusive, royalty-free, worldwide, fully-paid, and sub-licensable license to reproduce, distribute, adapt, publish, translate, create derivative works from, publicly perform, publicly display and otherwise use the User Content, and any name, username or likeness provided in connection with the User Content, in any media or media in connection with The Services without compensation to User. If User posts or otherwise share reviews on or through third-party social media sites or other content that is intended to be shared, such User Content and any associated information (such as usernames or profile photos for such third-party social media sites) may be visible to the public. User is solely responsible for any User Content posted.
- The Services and the text, graphics, images, photographs, videos, illustrations, trademarks, trade names, service marks, logos, slogans and other content contained therein (collectively, the “RUBI Content”) are owned by or licensed to RUBI and are protected under both United States and foreign laws. Except as explicitly stated in this Agreement, RUBI and its licensors reserve all rights in and to The Services and the RUBI Content.
- License Grant. Subject to the terms and conditions of this Agreement, RUBI hereby grants User a non-exclusive, non-transferable, non-sublicensable, non-assignable, revocable license during the term of this Agreement to use RUBI Content solely for personal use. All rights not expressly conveyed herein are reserved by RUBI. Specifically but not exclusively, User does not have any right to (a) sell, resell or commercially use The Services or RUBI Content; (b) copy, reproduce, distribute, publicly perform or publicly display RUBI Content, except as expressly permitted; (c) modify the RUBI Content, remove any proprietary rights notices or markings, or otherwise make any derivative uses of The Services or RUBI Content; or (d) use The Services or RUBI Content other than for their intended purposes. Any use of The Services or RUBI Content other than as specifically authorized herein, without RUBI’ prior written permission, is strictly prohibited and will terminate the license granted herein.