Terms of service

Thank you for your interest in mycaho!

PLEASE READ THESE TERMS OF SERVICE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION THAT AFFECTS YOUR RIGHTS, REMEDIES, AND OBLIGATIONS. THEY INCLUDE AN AGREEMENT TO ARBITRATE (UNLESS YOU OPT OUT). THESE TERMS ALSO INCLUDE A PROHIBITION OF CLASS AND REPRESENTATIVE ACTIONS AND NON-INDIVIDUALIZED RELIEF FOR ALL MATTERS IN EITHER COURT OR ARBITRATION, VARIOUS LIMITATIONS AND EXCLUSIONS, A CLAUSE THAT GOVERNS THE JURISDICTION, VENUE, AND GOVERNING LAW OF DISPUTES, EXCEPT WHERE PROHIBITED, AND OBLIGATIONS TO COMPLY WITH APPLICABLE LAWS AND REGULATIONS.

· Our Mission

· Introduction

· Eligibility, registration, verification

· Cancellation Policy

· Fees, taxes

· Your commitments

· Content

· Specific terms for guests

· Specific terms for hosts

· Dispute resolution

· Prohibited activities.

· Other legal matters

· General provisions

· Community guidelines

· Non Discrimination

· Insurance Policy

OUR MISSION

OUR MISSION IS TO CREATE, SAFE AND WELL-PLANNED EASY TRAVELLING, VACATIONS AND TO CONTINUE GIVING WORLD CLASS CAR AND ACCOMMODATION SERVICES AT AFFORDABLE RATES. WE AIM TO PROVIDE UNPARALLELED SERVICES WORLD THUS SETTING HIGHER STANDARDS IN CAR AND ACCOMMODATION’S. MOREOVER, IT PROVIDES FLEXIBILITY TO EARN TO SOME EXTRA MONEY TO USING THEIR PERSONAL VEHICLE AND ACCOMMODATION.

INTRODUCTION

Mycaho Group and its subsidiaries (collectively, “Mycaho”, “we”, “us” or “our”),provide an online car and accommodation sharing platform that allow people to list their personal accommodations (likewise - House, rooms etc.) And their vehicle's which meets our standard company’s policies and guideline’s.

Mycaho is not a rental platform, it provides online car sharing platform to connecttravelers and locals seeking to book these services. Mycaho is accessible online application for mobile devices. Mycaho blog, mobile applications, and associated services are collectively referred to as “the Services”. By accessing or using the Services, including by communicating with us or other Mycaho users, you agree to comply with, and be legally bound by, the provisions of these Terms of Service (these “Terms”), whether you become a registered user of the Services. These Terms govern your access to and use of the Services and constitute a binding legal agreement between you and Mycaho.

These Terms, together with the Mycaho privacy policy, cancellation policy, nondiscrimination policy, applicable insurance terms and certificates, roadside assistance terms, and the additional policies (together, the “Policies”) constitute the “Agreement” between you and Mycaho (each a “Party” and together, “the Parties”).

MODIFICATION

Mycaho reserves the right, at our sole discretion, to modify the Services or to modify the Agreement, including these Terms, at any time. If we modify these Terms, we will post the modification on the Services. We will also update the “Last Revised” date at the top of these Terms. If you continue to access or use the Services after we have posted a modification or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified terms. If the modified terms are not acceptable to you, your sole recourse is to stop using and accessing the Services and close your Mycaho Account within 28 days. If you choose to close your Mycaho Account, the previous effective version of these Terms will apply to you, unless you use the Services during the intervening 28-day period, in which case the new version of these Terms will apply to you.

ELIGIBILITY, REGISTRATION, VERIFICATION

ELIGIBILITY

The Services are intended solely for guests who meet our age requirements in the location where the vehicle is booked and hosts who are 21 or older to list eligible vehicles. Any use of the Services by anyone that does not meet these age requirements is expressly prohibited.

To access certain features of the Services, you must sign up for an account with us (a “Mycaho Account”). You can create a Mycaho Account by providing us your first and last name, email address, and creating a password or connecting through an account with a third-party site or service (including Apple, Facebook, and Google). When you book a vehicle as a traveler or guest (“guest”), you provide us with certain additional information about yourself. Similarly, when you list a vehicle as a vehicle owner or host (“host”), you provide us with certain additional information about yourself and your vehicle(s) (if applicable). You must provide accurate, current, and complete information during the registration, booking, and/or listing process. You must keep your Mycaho Account up to date at all times. Based on information you provide, Mycaho may impose additional requirements for you to book a trip (e.g., providing a deposit, adding a second form of payment, buying a certain level of protection plan, or other requirements). To fight spam and abuse of the Services, Mycaho has implemented RecaptchaEnterprise, and your use of Recaptchais subject to a separate Privacy Policy and Terms of Use.

VERIFICATION

Where permitted, Mycaho has the right, but not the obligation, to undertake screenings, checks, and engage in processes designed to (1) help verify the identities or check the backgrounds of users, including driving history and driver’s license validity and (2) verify vehicle details. Mycaho does not endorse any vehicle, user, or a user’s background, or commit to undertake any specific screening process. Mycaho may in its sole discretion use third-party services to verify the information you provide to us and to obtain additional related information and corrections where applicable, and you hereby authorize Mycaho to request, receive, use, and store such information. Mycaho may permit or refuse your request to book or list a vehicle in its sole and absolute discretion. Mycaho may, but does not commit to, undertake efforts to ensure the safety of vehicles shared through the Services. We do not make any representations about, confirm, or endorse the safety, roadworthiness, or legal status of any vehicles beyond our policies that require hosts to ensure their vehicles are in safe and operable condition, legally registered to be driven on public roads, have a clean title (e.g., non-salvaged/non-branded/non-washed/non-written off), not subject to any applicable safety recalls, and otherwise satisfy our eligibility requirements.

CONSUMER REPORT AUTHORIZATION.

When you attempt to book or list a vehicle, or at any time after where Mycaho reasonably believes there may be an increased level of risk associated with your Mycaho Account, you hereby provide Mycaho with written instructions and authorize Mycaho, in accordance with the Fair Credit Reporting Act, applicable consumer reporting laws, or any similar laws to obtain your personal and/or business auto insurance score, credit report, and/or conduct a background check, including a criminal background check where permissible under applicable law.

CANCELLATION POLICY

GUEST CANCELLATION

Guests can cancel their trip at any timeusing our mobile app, and the cancellation is immediate. The circumstances determine whether the guest receives a full refund, a partial refund, or no refund. The overall amount refunded depends on when the guest cancels the trip, how long the trip is, and what type of vacation it is. The cancellation period is determined by the time zone of the booked services. But as a host you should not cancel on the guest without any good reason, if you cancel on guest without any valid reason, we may levy a cancellation fee and impose other penalties. Once host confirm the booking for certain period, you must inactive the listing which confirmed by the host.

For fully refund Guest must cancel or notify the host before 28hours from their booking period.

Guest may get full refund if they find out the accommodation listed by the host is not accurate according to company rules and regulations.

REFUND POLICY

Full refund

Guest will receive the full refund if they cancel their services within given time period.

Guest no show up

If guest fails to show up on time or after 12 hours of their scheduled trip time, trip will be Automatically gotcanceled.

BOOKING MODIFICATION

The Host and Guestshall be responsible for any booking changes they agree to make through the Mycahoservice to be made on their behalf, and shall agree to pay any additional fees, charges or taxes associated with such changes.

FEES

At check in for guests, the fees that are charged to use these services and other costs structures shall be indicated. Before submitting your request for a trip, you may check the amount of this trip at checkout. The Host account gives hosts access to earnings and provides more information about the breakdown of revenue. When you provide mycaho with your payment details, you authorize Mycaho, or third-party service providers acting on behalf of mycaho, to store your payment credential for future use in the event you owe mycaho any money. You authorize Mycaho to use stored payment credentials for balances, including for Trip costs, host fees, and guest fees (e.g., late fees, security deposits, processing fees and claims costs, and related administrative fees).Our payment processors may have agreements with card networks that allow them to automatically update stored payment credentials when you receive a new card e.g., Replacing a card that has expired or one that has been reported lost or stolen are examples of updates to stored payment credentials that we will rely on for balances.

Collection of fees

MyCaho and its service providers will pursue any outstanding debts through all available legal channels, including engaging collection agencies or hiring attorneys. In addition, information about your Mycaho may be shared with credit bureaus by Mycaho or the retained collection companies. In addition to the amount due, delinquent accounts or chargebacks will be charged with fees and/or charges that are incidental to the collection of delinquent accounts or chargebacks including, but not limited to, collection fees, convenience fees, and/or other third party charges. If you wish to dispute the information Mycaho reported to a credit bureau (i.e., Experian, Equifax, or TransUnion), please contact support@mycaho.com. If you wish to dispute the information a collection agency reported to a credit bureau regarding your mycaho Account, you must contact the collection agency directly.

Taxes

Depending on current and upcoming tax laws, such as those governing marketplace facilitators or car sharing, Mycaho may be unable to help with the collection and remittance of particular taxes from or on behalf of guests or hosts in some jurisdictions. The amount of taxes, if any, collected and remitted by Mycaho will be visible to, and separately stated, to both guests and hosts on their respective trip related documents and invoices. Where Mycaho is facilitating the collection and remittance of taxes, hosts are not permitted to collect the same taxes on the Services in relation to their vehicle sharing in that jurisdiction.

YOUR COMMITMENTS

You agree that you will always use your Mycaho Account and the Services in compliance with these Terms, applicable law, and any other policies and standards provided to you by Mycaho.

Account Activity. You are, and will be solely responsible for, all the activity that occurs through your Mycaho Account. Keep your Mycaho Account information, including your password, secure. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your Mycaho Account.

CONTENT

Mycaho Content and User Content License. Subject to your compliance with the provisions of these Terms, Mycaho grants you a limited, revocable, non-exclusive, non-transferable license, to access and view any Mycaho and/or user content to which you are permitted access, solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Mycaho or its licensors, except for the licenses and rights expressly granted in these Terms.

User Content. We may, in our sole discretion, permit you to post, upload, publish, submit or transmit content through the Services such as photographs of you and your vehicle(s), reviews, feedback, and descriptions of you, your vehicle, or trip. By making available any content on or through the Services, or through Mycaho promotional campaigns, you grant Mycaho a worldwide, irrevocable, perpetual (or for the term of the protection), non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such content on, though, by means of, or to promote or market the Services. Except as described above with respect to Mycaho photography provided to hosts, Mycaho does not claim any ownership rights in any such content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such content.

Copyright Protection. We respond to notices of alleged copyright infringement and terminate Mycaho Accounts of repeat infringers according to the process set out in the US Digital Millennium Copyright Act and similar laws. If you think a user is violating your copyright(s) and want to notify us, you can email us at Support@mycaho.com

GUEST TERMS

Searching and Booking on Mycaho.

Searching. You can search for Host Services by using criteria like the type of Host Service, travel destination, travel dates, and number of guests. You can also use filters to refine your search results. Search results are based on their relevance to your search and other criteria. Relevance considers factors like price, availability, Reviews, customer service and cancellation history, popularity, previous trips and saved Listings, Host requirements (e.g. minimum or maximum nights), and more. Learn more about search results in our Help Center.

Booking. When you book a Listing, you are agreeing to pay all charges for your booking including the Listing price, applicable fees like Mycaho services fees, offline fees, taxes, and any other items identified during checkout (collectively, “Total Price”). You are also agreeing that mycaho via mycaho Payments may charge the Payment Method (as defined in the Payment Terms).When you receive the booking confirmation, a contract for Host Services (a "Reservation") is formed directly between you and the Host. In addition to these Terms, you will be subject to, and responsible for complying with, all terms of the Reservation, including without limitation, the cancellation policy and any other rules, standards, policies, or requirements identified in the Listing or during checkout that apply to the Reservation. It is your responsibility to read and understand these rules, standards, policies, and requirements prior to booking a Listing.Be aware that some Hosts work with a co-host or as part of a team to provide their Host Services.

Accommodation Reservations. An Accommodation Reservation is a limited license to enter, occupy, and use the Accommodation. The Host retains the right to re-enter the Accommodation during your stay, to the extent: (i) it is reasonably necessary, (ii) permitted by your contract with the Host, and (iii) consistent with applicable law. If you stay past checkout, the Host has the right to make you leave in a manner consistent with applicable law, including by imposing reasonable overstay penalties. You may not exceed the maximum number of allowed Guests.

Reservations for Experiences and Other Host Services. An Experience or other Host Service Reservation entitles you to participate in, attend, or use that Host Service. You are responsible for confirming that you, and anyone you invite, meet minimum age, proficiency, fitness, or other requirements. You are responsible for informing the Host of any medical or physical conditions, or other circumstances that may impact your ability to participate, attend, or use the Host Service. Except where expressly authorized, you may not allow any person to join a Host Service unless they are included as an additional guest during the booking process.

Cancellations, Travel Issues, Refunds and Booking Modifications.

Cancellations, Travel Issues, and Refunds. In general, if as a Guest you cancel a Reservation, the amount refunded to you is determined by the cancellation policy that applies to that Reservation. But, in certain situations, other policies take precedence and determine what amount is refunded to you if the Host cancels, or you experience a Travel Issue, you may be eligible for rebooking assistance.

Guests and Hosts are responsible for any booking modifications they agree to make via the MycahoPlatform or direct AMycaho customer service to make on their behalf ("Booking Modifications"), and agree to pay any additional amounts, fees, or taxes associated with any Booking Modification.

Your Responsibilities and Assumption of Risk.

Your Responsibilities. You are responsible and liable for your own acts and omissions and are also responsible for the acts and omissions of anyone you invite to join or provide access to any Accommodation, Experience or other Host Service. For example, this means: (i) you are responsible for leaving an Accommodation (and related personal property) in the condition it was in when you arrived, (ii) you are responsible for paying all reasonable Damage Claim amounts necessary to cover damage that you, your guest(s), or your pet(s) cause to an Accommodation, and (iii) you must act with integrity, treat others with respect, and comply with applicable laws at all times. If you are booking for an additional guest who is a minor or if you bring a minor to a Host Service, you must be legally authorized to act on behalf of the minor and you are solely responsible for the supervision of that minor.

Your Assumption of Risk. You acknowledge that many activities carry inherent risks and agree that, to the maximum extent permitted by applicable law, you assume the entire risk arising out of your access to and use of the MycahoPlatform and any Content, including your stay at any Accommodation, participation in any Experience, use of any other Host Service, or any other interaction you have with other Members whether in person or online. This means it is your responsibility to investigate a Host Service to determine whether it is suitable for you. For example, Host Services may carry risk of illness, bodily injury, disability, or death, and you freely and willfully assume those risks by choosing to participate in those Host Services.

HOST TERMS

Hosting on Mycaho

Host. As a Host, Mycaho offers you the right to use the Mycaho Platform to share your Accommodation, Experience, or other Host Service with our vibrant community of Guests - and earn money doing it. It’s easy to create a Listing and you are in control of how you host - set your price, availability, and rules for each Listing.

Contracting with Guests. When you accept a booking request, or receive a booking confirmation through the Mycaho Platform, you are entering into a contract directly with the Guest, and are responsible for delivering your Host Service under the terms and at the price specified in your Listing. You are also agreeing to pay applicable fees like Mycaho’s service fee (and applicable taxes) for each booking. Mycaho Payments will deduct amounts you owe from your payout unless we and you agree to a different method. Any terms, policies or conditions that you include in any supplemental contract with Guests must: (i) be consistent with these Terms, our Additional Legal Terms, Policies, and the information provided in your Listing, and (ii) be prominently disclosed in your Listing description.

Independence of Hosts. Your relationship withMycahois that of an independent individual or entity and not an employee, agent, joint venture, or partner of Mycaho, except that MycahoPayments acts as a payment collection agent as described in the Payments Terms. Mycaho does not direct or control your Host Service, and you agree that you have complete discretion whether and when to provide Host Services, and at what price and on what terms to offer them.

Managing Your Listing.

Creating and Managing Your Listing. The MycahoPlatform provides tools that make it easy for you to set up and manage a Listing. Your Listing must include complete and accurate information about your Host Service, your price, other charges like cleaning fees, resort fees, offline fees, and any rules or requirements that apply to your Guests or Listing. You are responsible for keeping your Listing information (including calendar availability) and content (like photos) up-to-date and accurate at all times. We recommend that you obtain appropriate insurance for your Host Services and suggest you carefully review policy terms and conditions including coverage details and exclusions. You may only maintain one Listing per Accommodation, but may have multiple Listings for a single property if it has multiple places to stay. Any offer of an Experience is subject to our Additional Terms for Experience Hosts.

Know Your Legal Obligations. You are responsible for understanding and complying with any laws, rules, regulations, and contracts with third parties that apply to your Listing or Host Services. For example: Some landlords and leases, or homeowner, car owner and condominium association rules, restrict or prohibit subletting, short-term rentals and/or longer-term stays. Some cities have zoning or other laws that restrict the short-term rental of residential properties. Some jurisdictions require Hosts to register, get a permit, or obtain a license before providing certain Host Services (such as short-term rentals, longer-term stays, preparing food, serving alcohol for sale, guiding tours, or operating a vehicle). In some places, the Host Services you want to offer may be prohibited altogether. Some jurisdictions require that you register Guests who stay at your Accommodation. Some jurisdictions have laws that create tenancy rights for Guests and additional obligations for Hosts. For example, some places have landlord-tenant, rent control, and eviction laws that may apply to longer stays. Check your local rules to learn what rules apply to the Host Services you plan to offer. Information we provide regarding legal requirements is for informational purposes only and you should independently confirm your obligations. You are responsible for handling and using personal data of Guests and others in compliance with applicable privacy laws and these Terms, including our Host Privacy Standards. If you have questions about how local laws apply you should always seek legal advice.

Search Ranking. The ranking of Listings in search results on the Mycaho Platform depends on a variety of factors, including these main parameters:

  • Guest search parameters (e.g. number of Guests, time and duration of the trip, price range),

  • Listing characteristics (e.g. price, calendar availability, number and quality of images, Reviews, type of Host Service, Host status, age of the Listing, average Guest popularity),

  • Guest booking experience (e.g. customer service and cancellation history of the Host, ease of booking),

  • Host requirements (e.g. minimum or maximum nights, booking cut-off time), and

  • Guest preferences (e.g. previous trips, saved Listings, location from where the Guest is searching).

Search results may appear different on our mobile application than they appear on our website. Mycaho may allow Hosts to promote their Listings in search or elsewhere on the Mycaho Platform by paying an additional fee. More information about the factors that determine how your Listing appears in search results, our current promotional programs (if any), and how we identify promoted Content can be found in our Help Center.

Your Responsibilities. You are responsible and liable for your own acts and omissions and are also responsible for the acts and omissions of anyone you allow to participate in providing your Host Services. You are responsible for setting your price and establishing rules and requirements for your Listing. You must describe any and all fees and charges in your Listing description and may not collect any additional fees or charges outside the Mycaho Platform except those expressly authorized by our Offline Fee Policy. Do not encourage Guests to create third-party accounts, submit reviews, provide their contact information, or take other actions outside the MycahoPlatform in violation of our Off-Platform Policy.

Hosting as a Team or Organization. If you work with a co-host or host as part of a team, business, or other organization, the entity and each individual who participates in providing Host Services is responsible and liable as a Host under these Terms. If you accept terms or enter into contracts, you represent and warrant that you are authorized to enter into contracts for and bind your team, business or other organization, and that each entity you use is in good standing under the laws of the place where it is established. If you perform other functions, you represent and warrant that you are authorized to perform those functions. If you instruct Mycahoto transfer a portion of your payout to a co-host or other Hosts, or to send payments to someone else, you must be authorized to do so, and are responsible and liable for the payment amounts and accuracy of any payout information you provide.

Your Assumption of Risk. You acknowledge that hosting carries inherent risks and agree that you assume the entire risk arising out of your access to and use of the Mycaho Platform, offering Host Services, or any interaction you have with other Members whether in person or online. You agree that you have had the opportunity to investigate the Mycaho Platform and any laws, rules, regulations, or obligations that may be applicable to your Listings or Host Services and that you are not relying upon any statement of law made by Mycaho.

Cancellations, Travel Issues, and Booking Modifications.

Cancellations and Travel Issues. In general, if a Guest cancels a Reservation, the amount paid to you is determined by the cancellation policy that applies to that Reservation. As a host, you should not cancel on a Guest without a valid reason under our Extenuating Circumstances Policy or applicable law. If you cancel on a Guest without such a valid reason, we may impose a cancellation fee and other consequences. If: (i) a Guest experiences a Travel Issue (as defined by the Rebooking and Refund Policy), (ii) an Extenuating Circumstance arises, or (iii) a Reservation is cancelled under Section 13 of these Terms, the amount you are paid will be reduced by the amount we refund or otherwise provide to the Guest, and by any other reasonable costs we incur as a result of the cancellation. If a Guest receives a refund after you have already been paid, or the amount of the refund and other costs incurred by Mycaho exceeds your payoutMycaho(viaMycahoPayments) may recover that amount from you, including by offsetting the refund against your future payouts. You agree that Mycaho’s Rebooking and Refund Policy, Extenuating Circumstances Policy, and these Terms preempt the cancellation policy you set in situations where they allow for the cancellation of a Reservation and/or the issuance of refunds to Guests. If we reasonably expect to provide a refund to a Guest under one of these policies, we may delay release of any payout for that Reservation until a refund decision is made. If you Host an Experience please note that the Experience Cancellation Policy, Experiences Guest Refund Policy and different cancellation fees and consequences apply to your Reservations. See each Policy for details about what is covered, and what your payout will be in each situation.

Booking Modifications. Hosts and Guests are responsible for any Booking Modifications they agree to make via the Mycaho Platform or direct Mycaho customer service to make on their behalf, and agree to pay any additional amounts, fees or taxes associated with a Booking Modification.

DISPUTE RESOLUTION

Dispute resolution for hosts and guests residing in the United States

PLEASE READ THIS SECTION CAREFULLY. IT CONTAINS A MANDATORY ARBITRATION PROVISION AND THEREFORE AFFECTS YOUR RIGHTS AND GOVERNS HOW YOU CLAIMS AND MYCAHO HAVE AGAINST EACH OTHER ARE RESOLVED.

Subject to applicable law, the Parties agree that any disputes or claims between us relating in any way to, or arising out of, this or previous versions of these Terms, your use of or access to the Services, or any breach, enforcement, or termination of the Agreement will be resolved in accordance with the provisions set forth in this Dispute resolution for hosts and guests residing in the United States section.

Applicable law. The below Agreement to Arbitrate evidences a transaction involving interstate commerce and is therefore governed by the Federal Arbitration Act and the applicable procedural rules of FairClaims or AAA, as applicable (see "Arbitration procedures" below). This Arbitration Agreement only applies to you if your country of residence or establishment is the United States. If your country of residence or establishment is not the United States, and you nevertheless attempt to bring any legal claim against Mycahoin the United States, this Arbitration Agreement will apply for determination of the threshold issue of whether this Section 23 applies to you, and all other threshold determinations, including residency, arbitrability, venue, and applicable law..

Pre-arbitration dispute resolution. Should a dispute or claim arise between us, you and Mycaho agree to notify the other Party of the nature of the dispute or claim prior to initiating arbitration, and the Parties will 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 us by email at support@mycaho.com. Please provide your name, phone number, email, mailing address, and briefly describe both the nature of your dispute and the relief you would like from Mycaho. If the Parties are unable to resolve the claims described in the notice within 30 days after the notice is sent, then 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 either FairClaims or the American Arbitration Association (“AAA”) as set forth below, pursuant to the Fair Claims Rules or AAA’s Consumer Arbitration Rules, as appropriate. A form for initiating arbitration proceedings is available on the FairClaims website or AAA's website. (AAA provides a Demand for Arbitration form.) Any settlement offer made by you or Mycaho shall not be disclosed to the arbitrator.

Agreement to Arbitrate. The Parties each agree that any and all disputes, claims, or controversies that have arisen or may arise at any time between you and Mycaho (including its respective subsidiaries, employees, officers, directors, agents, third-party insurance brokers or products, and third-party claims administrators) will be resolved by binding arbitration according to the procedure set forth below. For the purpose of this Agreement to Arbitrate, “disputes," "claims,” and "controversies" shall have the broadest possible meaning that will be enforced and includes, any and all disputes and/or claims that arise out of or in any way relate to your relationship with Mycaho, including but not limited to: (1) your use of the Services, (2) the Agreement, these Terms and/or this Agreement to Arbitrate, including the interpretation, validity, enforceability, or scope of this Agreement to Arbitrate, or (3) your use of, or access to the Services, and anything sold, offered, or purchased through the Services (such as booking, listing, or sharing a vehicle). Through this Agreement to Arbitrate, and subject to the below exceptions, the Parties intend to arbitrate all disputes or claims regardless of whether they are based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable theory and regardless of whether they arose or accrued before the Parties entered into this Agreement to Arbitrate. For avoidance of doubt, the Parties expressly agree that this Agreement to Arbitrate encompasses all disputes or claims pertaining to the validity, enforceability, or scope of this Agreement to Arbitrate and any such disputes or claims will be referred to binding arbitration and will be resolved by the arbitrator and not a court.

Exceptions to Agreement to arbitrate - the only exceptions to this Agreement to Arbitrate are as follows:

· Disputes or claims that can be brought in small claims court

· Injunctive or equitable relief to prevent the actual or threatened infringement, misappropriation, or violation of a Party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. However, the Parties agree that any court proceedings shall be stayed pending the final resolution in arbitration of any arbitrable claims or issues

· Any cause of action or claim for relief which cannot be arbitrated as a matter of applicable statute or public policy. However, the Parties agree that any such court proceedings shall be stayed pending the final resolution in arbitration of any arbitrable claims or issues

· In the event California law is found to apply to this Agreement to Arbitrate, any remedy of public injunctive relief (i.e., injunctive relief that has the primary purpose and effect of prohibiting unlawful acts that threaten future injury to the general public). However, the Parties agree that any such court proceedings shall be stayed pending the final resolution in arbitration of arbitrable claims, causes of action, or issues

Arbitration procedures. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and court review of an arbitration award is very limited. An arbitrator can award the same damages and relief on an individual basis that a court can award to an individual.

The arbitration will be conducted by FairClaims in accordance with its Arbitration Rules and Procedures effective at the time a claim is made. Where the relief sought is $25,000 or less (not including attorneys' fees and expenses), those Arbitration Rules and Procedures may limit the proceeding to a written submission and, if requested or at the arbitrator’s discretion, there may be a live hearing by teleconference or videoconference. Where the relief sought is $25,001 or more (not including attorneys’ fees and expenses), those Arbitration Rules and Procedures may provide for limited discovery and streamlined proceedings. In the event FairClaims declines to or is unable to adjudicate the claim, the arbitration will be conducted by the AAA under its Commercial Arbitration Rules, as modified by this Agreement to Arbitrate.

In all cases in which a live hearing is requested or required, you and/or Mycaho may attend by video or phone. To the extent a location must be established for the arbitration, it shall be held in the county in which you reside or at another mutually agreed location.

The arbitrator will decide the substance of all claims in accordance with applicable law, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different users but is bound by rulings in prior arbitrations involving the same Mycaho user to the extent required by applicable law. The arbitrator’s award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

Where permitted, the Parties agree that all communications, evidence, and rulings in the arbitration will remain confidential, except as reasonably necessary to enforce or implement such rulings or this Agreement to Arbitrate.

Severability. With the exception of the provisions in the below section “Prohibition of class and representative actions and non-individualized relief,” if an arbitrator or court decides that any part of the Agreement to Arbitrate is invalid or unenforceable, the other parts of the Agreement to Arbitrate shall still apply. If an arbitrator or court decides that any of the provisions in the section “Prohibition of class and representative actions and non-individualized relief” is invalid or unenforceable, then the entirety of the Agreement to Arbitrate shall be null and void. The remainder of the Agreement, these Terms, and dispute resolution section will continue to apply.

Right to opt-out of arbitration; procedure. IF YOU ARE A NEW Mycaho USER, YOU CAN CHOOSE TO OPT-OUT OF THE AGREEMENT TO ARBITRATE BY EMAILING US AN OPT-OUT NOTICE TO ARBITRATIONOPTOUT@MYCAHO.COM ("OPT-OUT NOTICE"). THE OPT-OUT NOTICE MUST BE RECEIVED WITHIN 30 DAYS AFTER THE DATE YOU ACCEPT THESE TERMS FOR THE FIRST TIME OR THE COMMENCEMENT OF YOUR FIRST TRIP ON Mycaho AS A GUEST OR HOST, WHICHEVER DATE IS EARLIEST. In order to opt-out, you must email your full name, address (including street address, city, state, and zip/postal code), and email address (es) associated with your Mycaho Account to arbitrationoptout@mycaho.com. This procedure is the only way you can opt out of the Agreement to Arbitrate. If you opt out of the Agreement to Arbitrate, all other provisions of the Agreement will continue to apply to you, including the below forum selection clause specifying Phoenix, Arizona.

Future amendments to the Agreement to Arbitrate. Notwithstanding any provision in these Terms to the contrary, the Parties agree that if Mycaho makes any amendment to the Agreement to Arbitrate in the future, that amendment shall not apply to any claim that you filed against Mycaho prior to the effective date of the amendment. The amendment shall apply to all other disputes or claims governed by the Agreement to arbitrate that have arisen or may arise between the Parties. If you do not agree to the amended terms, you may close your account within 30 days of our posting or notification and you will not be bound by the amended terms; provided that the Parties will arbitrate any dispute in accordance with the provisions of the Agreement to Arbitrate as of the date you last accepted these Terms (or accepted any subsequent changes to these Terms). Once you have submitted a valid Opt-Out Notice to Mycaho, you do NOT need to submit another one when these Terms are subsequently updated. Your first Opt-Out Notice will serve as a valid as to future versions of these Terms.

Judicial forum for legal disputes not subject to arbitration. Unless the Parties agree otherwise, in the event that the Agreement to Arbitrate is found not to apply to you or to a particular claim or dispute, whether (1) as a result of your decision to opt out of the Agreement to Arbitrate, (2) as a result of a decision by the arbitrator or a court order, or (3) if one of the above exceptions to the Agreement to Arbitrate applies, you agree that any claim or dispute that has arisen or may arise between the Parties will be resolved exclusively by a state, federal, or small claims court located in Phoenix, Arizona. The Parties agree to submit to the personal jurisdiction of a state court located in Maricopa County, Phoenix, Arizona or a United States District Court for the District of Arizona located in Phoenix, Arizona. The Parties agree that the substantive law of the state of Arizona will apply to any such claim or dispute without regard to conflict of law provisions.

PROHIBITED ACTIVITIES

In connection with your use of or access to the Services, you agree that you will not, nor advocate, encourage, request, or assist any third party to:

VIOLATE ANY LAW, INCLUDING:

· Breach, violate, and/or circumvent any local, state, provincial/territorial, regional, or national law or other law or regulation, or any order of a court, including, without limitation, airport regulations and tax regulations, licensing or registration requirements, or third-party rights.

· Post false, inaccurate, misleading, defamatory, or libelous content.

· Infringe, reproduce, perform, display, distribute, reverse engineer, or prepare derivative works from content that belongs to or is licensed to Mycaho, or that comes from the Services and belongs to another Mycaho user or to a third party, including works covered by any copyrights, trademark, patent, or other intellectual property, privacy, publicity, moral, or contractual rights, except with prior express written permission of Mycaho

DILUTE, TARNISH, OR OTHERWISE HARM THE MYCAHO BRAND IN ANY WAY, INCLUDING:

· Through unauthorized use of the Services and/or user content

· Registering and/or using " Mycaho " or derivative terms in domain names, trade names, trademarks, or otherwise

· Registering and/or using domain names, trade names, trademarks, social media account names, or other means of identification that closely imitate or are confusingly similar to Mycaho domains, trademarks, taglines, promotional campaigns, or Mycaho and/or user content.

PROVIDE OR SUBMIT ANY FALSE OR MISLEADING INFORMATION, INCLUDING:

· False name, date of birth, driver’s license details, payment method, insurance, or other personal information

· In relation to a claim (for example about damage to a vehicle)

· By registering for a mycaho account on behalf of an individual other than yourself

· Impersonating any person or entity, or falsifying or otherwise misrepresenting yourself or your affiliation with any person or entity

FAIL TO HONOR YOUR COMMITMENTS, INCLUDING:

· Fail to pay fees, penalties, or other amounts owed to Mycaho or another user.

· Fail, as either a guest or host, to timely deliver, make available, or return any vehicle and optional Extras, unless you have a valid reason.

· Use the Services to find a host or guest, and then complete a transaction partially or wholly independent of the Services, for any reason including but not limited to circumventing the obligation to pay any fees related to the provision of the Services by Mycaho (aka, gray market transactions, which do not necessarily require the exchange of money)

· Transfer your Mycaho Account and/or user ID to another party without our consent.

· Leave a vehicle unlocked or running with the keys inside, except where instructed to do so directly by Mycaho in certain limited circumstances

HARM OR THREATEN TO HARM USERS OF OUR COMMUNITY, INCLUDING:

· Harass, stalk, or defame any other Mycaho user or collect or store any personally identifiable information about any other user other than for purposes of transacting as a host or guest in accordance with these Terms.

· Engage in physically or verbally abusive or threatening conduct.

· Use the Services to transmit, distribute, post, or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information, payment method details, or account numbers.

· Treat anyone differently based on the way they look, who they love, what they believe, how they self-identify, where they are from, or when they were born. Discrimination of any kind is not tolerated in the Mycaho community.

· Sue or assert legal claims against Mycaho or a Mycaho user in any manner prohibited or waived by these Terms.

USE THE SERVICES FOR YOUR OWN UNRELATED PURPOSES, INCLUDING TO:

· Contact another Mycaho user for any purpose other than in relation to a booking, vehicle, listing, or the use of the Services by such user.

· Commercialize any content found on the Services or software associated with the Services, including reviews.

· Harvest or otherwise collect information about users without their and our consent.

· Recruit or otherwise solicit any user to join third-party services or websites that are competitive to Mycaho, without our prior written approval.

INTERFERE WITH THE OPERATION OF THE SERVICES, INCLUDING BY:

· Interfering with any other user’s listings

· Using the Services in connection with the distribution or posting of unsolicited commercial messages (e.g., spam)

· Distributing viruses or any other technologies such as cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, backdoors, packet or IP spoofing, forged routing or e-mail address information, or similar methods or technology that may disrupt or interfere with the operation or provision of the Services, or harm Mycaho or the interests or property of others.

· Bypassing robot exclusion headers, interfering with the working of the Services, or imposing an unreasonable or disproportionately large load on our infrastructure.

· Systematically retrieving data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, directory, or the like, whether by manual methods, or through the use of bots, crawlers, spiders, or otherwise

· Using, displaying, mirroring, or framing the Services or any individual element within the Services, the Mycaho name, any Mycaho trademark, logo, or other proprietary information, or the layout and design of any page or form contained on a page in the Services, without the express written consent of Mycaho

· Accessing, tampering with, or using non-public areas of the Services, our computer systems, or the technical delivery systems of our service providers

· Attempting to probe, scan, or test the vulnerability of any of our system or network or breach any security or authentication measures.

· Avoiding, bypassing, removing, deactivating, impairing, descrambling, or otherwise circumventing any technological measure implemented by Mycaho or any of our service providers or any other third party (including another user) to protect the Services.

· Forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way using the Services to send altered, deceptive, or false source-identifying information.

· Attempting to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Services.

· Endeavoring to circumvent a suspension, termination, or closure of your Mycaho Account or the account of another Mycaho user, including, but not limited to, creating a new Mycaho Account or listing vehicles affiliated with or registered to a Mycaho Account holder that has been suspended, terminated, or closed.

OTHER LEGAL MATTERS

Violations Policy enforcement. We can take account of the user's performance history as well as the circumstances underlying our policies when an issue arises. We have the option, under our sole and absolute discretion, of being more lenient on policy enforcement in order to do the right thing. It has the right, but not the obligation, to investigate, pursue, and seek to prosecute, sue, or refer to law enforcement, infringements of the Agreement to the fullest extent permitted by the law.

Mycaho shall, at its sole discretion, at any time and without prior notice, have the right, in accordance with applicable law, to remove or disable access to any content which Mycaho considers to be inappropriate for any reason, in breach of these Terms, or otherwise harmful to the services or our community. If we believe you are abusing Mycaho, our users, or any other person in any way or violating the letter or spirit of any of these Terms, we may, in our sole discretion and without limiting other remedies, limit, suspend, or terminate your Mycaho Account and access to the Services, remove hosted content, deny a damage claim, remove or demote your listings, reduce or eliminate any discounts, and take technical and/or legal steps to prevent you from using the Services. In addition, we reserve the right, at our discretion, to refuse or terminate access to the services to anyone for any reason, to the fullest extent permitted by applicable law.

Policy enforcement. We may take account of the user performance history and special circumstances for applying our policies if there is an issue. To do the right thing, we can choose to be more lenient in the enforcement of policies, subject to our absolute discretion.

Communications with you. You agree that Mycaho may contact you by electronic means (e.g., electronic mail; notifications via Mycaho messaging; app notification) in lieu of any requirement for mailed notices. To contact you more efficiently, you agree that we may at times also contact you using autodialed or prerecorded message calls or text messages at your phone number(s). We may place such calls or texts primarily to confirm your signup, provide notices regarding your Mycaho Account or Mycaho Account activity, investigate or prevent fraud, collect a debt owed to us, or communicate urgent messages. We may share your phone number(s) with service providers with whom we contract to assist us in pursuing these interests. We will not share your phone number(s) with third parties for their own purposes without your consent. Standard telephone minute and text and data charges may apply. Where Mycaho is required to obtain your consent for such communications, you may choose to revoke your consent.

You authorize Mycaho and our service providers, without further notice, to monitor or record telephone conversations or web chat interactions you have, or anyone acting on your behalf has, with Mycaho or its agents for quality control, training, or other purposes. You understand and agree that you can have your communications with Mycaho overheard, monitored or recorded. If you do not wish to have your call recorded, please contact us instead in writing through support@mycaho.com. If you do not wish to have your chat activity recorded or monitored, please do not use the chat function on the Services.

Non-disparagement. The Parties agreed not to take any measures which would prejudice the reputation of either Party, or that are likely to result in unwanted and unfavourable publicity on both sides.

Insurance and protection plans. Mycaho's not an insurance company, nor are hosts or guests insured. There is no relation between the host and guest protection plans which are made available through these services. Hosts and visitors must meet these conditions to be eligible for the benefits of a protection plan.

Only in the United States can protection plans be obtained from these services. Additional information regarding the nature of your use of services may be found on the specific terms for guests and special terms for hosts in the following sections.

Guest commitments

As a guest, you represent that you are an authorized driver and that you will provide the host with proof of a valid driver's license in person or through the Services. You'll take all necessary precautions to ensure that the vehicle and any applicable Extras are returned on schedule and in largely the same condition as when you received them. You will also treat the vehicle and any applicable Extras with respect. And you agree that you won’t allow anyone other than a person listed in the trip details as an Approved Driver to drive the vehicle you booked for your services.

Guest will be the responsible for all aspect including damage, theft of the booked services that occur during a trip, also will be responsible for any additional cost and fees resulting from damage.

Guest will be responsible for buying their own insurance in order to meet the policy requirements.

When you book your services on Mycaho, you agree that if any damage occurs during the booked trip, you will work with Mycaho to make a claim for coverage under any policy of insurance that applies to the loss. The primary guest can limit the amount they are obligated to pay out of their own pocket in the event there is damage to the booked vehicle during the booked trip by choosing a protection plan on the Services. The limitation on the amount a primary guest may have to pay out of pocket included in any protection plan only applies (1) if the primary guest and any Approved Driver abide by these Terms and (2) to physical damage that is not mechanical or interior damage.

Learn more about Guest protection plans in the US,

Auto liability insurance and legal liability protection

Hosts offering a vehicle for sharing on the Services cannot offer you liability insurance. Trips originating in the US include coverage under an automobile liability insurance policy. In the US, the policy is issued to Mycaho by Travelers Excess and Surplus Lines Company and does not provide a defense or indemnification for any claim asserted by Mycaho.. Learn more about insurance in the US.

If the guest has their own personal auto policy, it will be primary over the auto liability insurance or protection provided with each trip, depending on various factors such as applicable laws, where the guest books the vehicle, and/or where the accident or damages occur.

Mycaho Gives freedom to their Guest & Host that they can choose their own protection plan. If they choose their own protection plan then it must meet all the state rule and regulation’s criteria. Mycaho or any of their employee Will not be responsible for any damage occur to their car or anything during the trip. Guest or Host will responsible all the liability and damage occur during the trip if they choose their own Protection plan.

Usage of Services

When you book services through Mycaho, you agree that you will use the services only for your personal use, and must not use for any commercial purpose. The trip start time determines when you can access a vehicle, and you have to return it on time and in the right place. A current, legitimate driver's license must be shown to the host. When operating the vehicle, you must take reasonable precautions. You must always drive the car safely and in accordance with the law, which includes any restrictions on speed and any bans on intoxicated or distracted driving. You are also required to meet any laws or regulations concerning child safety seats and other protections for children. You must not leave the car unlocked or with the keys unsecure (such as in the ignition). You must not engage in any prohibited uses with any vehicle you book through the Services. The prohibited uses list is not meant to be exhaustive. If you have any concerns about your planned use, please contact support@mycaho.com. If you misuse a vehicle, you will be fully financially responsible for any related claims, loss, or damage, and your protection plan may be voided. Guests also acknowledge that using a vehicle in a prohibited manner or otherwise breaching the Agreement may lower available liability coverage to legal minimum limits, or nullify coverage, and may furthermore nullify any comprehensive or collision protection and/or protection plan where allowed by applicable law.

You acknowledge that Mycaho is not responsible and shall not be liable for the safety, roadworthiness, or legal status (e.g., whether the vehicle is legally registered or the subject of a stolen vehicle report) of any vehicles shared via the Services beyond our policies that require hosts to ensure their vehicles are in safe and operable condition, legally registered to be driven on public roads.

Where you elected for a protection plan when booking your trip via the Services, you must immediately report any damage to the vehicle you are using to Mycaho at support@mycaho.com, in the US. If there has been a collision, you must also make a report to the police.

The primary guest who books the reservation is responsible for any private investigation in case of any theft, Mycaho deems necessary to recover a vehicle that is not returned. In addition, a $500 case administration fee will be imposed on the primary guest if Mycaho and/or the host has to report a vehicle as stolen to law enforcement due to it not being returned.

Community guidelines

· It’s really that simple. In the context of car sharing, while using Mycaho app, host offering a car or accommodation that is ready for Guest’s to use. After completing the booking Guest must provide car or accommodation as it was originally provided. If something happens during the booking period, we trust that the responsible party will stand up and resolve the issue.

· While setting up your profile, you must include a clear profile picture and your name. Always keep in mind while listing on mycaho, put clear photograph, so that Guests can clearly see about your listings. Guests should never tamper with, abuse, or misuse booked services through the Mycaho marketplace.

FOR CAR USE - Always remember that if you book car alone and wants to add additional driver you must add driver details while booking the car on Mycaho, they also need to have an activated Mycaho account.

· Mycahodoesn't just mean the services,but also how you treat each other. Its okay to disagree, just keep it civil and productive, when youare completing your bookings or during the booking period. And completing the booking. If either you or your host or guest has a concern, discuss it with mutual respect. Most unpleasant conversations can be prevented by keeping the car and accommodation clean and in right condition to use or stay.

· While using Mycaho services, you may still need to square up on any damage after the trip is over. Promptly let the other party know that something’s missing and try to resolve the matter quickly. You may use the mycaho Damage Resolution tools to help you.

· Hosts are responsible for ensuring their listings complies with all applicable laws and regulations guests are expected to comply with all laws according to state or jurisdiction.

· If you can’t seem to resolve a matter related to any of the above, contact customer support and we’ll help you resolve it according to our terms of service and policies.

GENERAL PROVISIONS

Termination

You may discontinue your use of the Services at any time and Mycahomay terminate your access to the Services and remove any listings for any reason or no reason to the extent permissible under applicable law. Termination of access to the Services will not release a Party from any obligations it incurred prior to the termination and Mycaho may retain and continue to use any information, including but not limited to photography, previously provided by you. Termination of the Agreement will not have any effect on the disclaimers, waiver or liability limitations, or legal disputes provisions under the Agreement and/or any fees due, and all those terms will survive any termination of the Agreement.

No vehicle transfer or assignment

Except as otherwise provided herein, guests and hosts agree that nothing in these Terms constitutes an actual or purported transfer or assignment of any right or interest in a vehicle or optional Extras shared through the Services.

Disclaimers

MYCAHO PROVIDES SERVICES THAT ENABLE THE SHARING OF VEHICLES AND ACCOMODATION BETWEEN HOSTS AND GUESTS. EXCEPT AS OTHERWISE PROVIDED IN THESE TERMS, MYCAHO DOES NOT ITSELF PROVIDE VEHICLE SHARING, ACCOMADATION, HOTEL, ROOM SERVICES, RENTAL SERVICES, AND/OR INSURANCE SERVICES AND IS NOT RESPONSIBLE FOR ANY OF THE ACTS OR OMISSIONS OF ANY OF THE USERS OF ITS SERVICES, THE MANUFACTURER OF THE VEHICLE OR or accommodation listed by guest, ANY OPTIONAL EXTRAS, OR ANY THIRD PARTY PROVIDER OF SERVICES. THE SERVICES ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE EXTENT PERMITTED BY APPLICABLE LAW, WITHOUT LIMITING THE FOREGOING, MYCAHOEXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. Mycaho makes no promises that the including Services, vehicle or Accommodation, will meet your requirements or be available on an uninterrupted, secure, or error-free basis.Mycahomakes no warranty regarding the quality of any listings, vehicles, hosts, guests, Extras, the Services, or any content or the accuracy, timeliness, truthfulness, completeness, or reliability of any content obtained through the Services. No advice or information, whether oral or written, obtained from Mycaho, or its service providers or through the Services or content, will create any warranty not expressly made herein.

Limitation of liability and waiver

YOU WAIVE AND DISCHARGE ANY AND ALL RIGHTS YOU HAVE TO SUE OR MAKE CLAIMS AGAINST Mycaho AND ANY OF ITS SUBSIDIARIES, DIRECTORS, OFFICERS, AGENTS (INCLUDING THIRD-PARTY ADMINISTRATORS, INSURANCE PRODUCERS, AND INSURANCE PROVIDERS), OR EMPLOYEES (TOGETHER, THE “Mycaho PARTIES”) AND ANY Mycaho USER FOR ANY DAMAGES OR LOSSES, WHETHER DUE TO NEGLIGENCE OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH THE FOLLOWING:

(1) VEHICLE AVAILABILITY (E.G., A VEHICLE NOT BEING AVAILABLE OR RETURNED WHEN IT WAS SUPPOSED TO BE),

(2) PROBLEMS WITH A VEHICLE (E.G., ANY MALFUNCTION OF OR DEFICIENCY WITH A VEHICLE),

(3) VEHICLE WARRANTY ISSUES (E.G., ANY BREACH OF WARRANTY OR OTHER OBLIGATION BY ANY MANUFACTURER OR OTHER THIRD PARTY ASSOCIATED WITH THE VEHICLE),

(4) THE LEGAL OR LICENSE STATUS OF A VEHICLE, HOST, OR GUEST, (

5) THIRD PARTY ASSESSMENTS OF A VEHICLE'S VALUE, OR (

6) ANY ACTION OR INACTION OF A HOST OR GUEST.

YOU AGREE THAT NEITHER MYCAHO NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS, DATA, OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES), WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, ARISING OUT OF OR CONNECTION WITH THE FOLLOWING:

(1) THE AGREEMENT,

(2) THE SERVICES (INCLUDING LISTING OR BOOKING OF ANY VEHICLE OR OPTIONAL EXTRA VIA THE SERVICES), OR

(3) INABILITY TO USE THE SERVICES.

Except for our obligations to pay amounts to applicable hosts or guests pursuant to these Terms, including an approved payment request or claim under a protection plan or applicable insurance policy, in no event will the MycahoParties' aggregate liability arising out of or in connection with the Agreement or your use of the Services, exceed the greater of (1) the amounts you have paid or owe for bookings via the Services as a guest in the twelve month period prior to the event giving rise to the liability, or if you are a host, the amount earned by you in the 12 month period prior to the event giving rise to the liability, or (2) US$100.

YOU ALSO WAIVE AND DISCHARGE ANY AND ALL RIGHTS YOU HAVE TO SUE OR MAKE CLAIMS AGAINST ANY MycahoUSER FOR ANY DAMAGES OR LOSSES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES.

YOU WAIVE CALIFORNIA CIVIL CODE §1542, OR ANY SIMILAR LAW, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”

THE ABOVE LIMITATIONS OF LIABILITY AND WAIVER PROVISIONS ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN MYCAHO AND YOU. THEY SHALL APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW, AND ANY ASPECTS OF THEM THAT ARE DEEMED VOID OR UNENFORCEABLE SHALL BE SEVERED WHILE LEAVING THE REMAINDER IN EFFECT.

Indemnification

You agree to release, defend, indemnify, and hold Mycahoand its subsidiaries, officers, directors, employees, and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with: (1) your access to or use of the Services, (2) your violation of these Terms, (3) your user content, (4) your interaction with any other user of the Services, or (5) your booking of a vehicle or creation of a listing for a vehicle. Such indemnification includes but is not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential, or otherwise) arising in connection with or as a result of a booking, sharing, or use of a vehicle or optional Extra. This indemnification provision is a fundamental element of the basis of the bargain between Mycaho and you. It shall apply to the extent permitted by applicable law, and any aspects of it that are deemed unenforceable shall be severed while leaving the remainder in effect.

Liquidated damages

You acknowledge that the actual damages likely to result from your breaches of the Agreement by any of the following are difficult to estimate accurately and would be difficult for Mycaho to prove with certainty:

(1) Engaging in gray market transactions, as defined in these Terms,

(2) using the Mycaho domains, trademarks, or taglines without Mycaho express consent, including without limitation registering website domains or social media handles, or bidding on online advertising key words,

(3) Suing or asserting legal claims against the MycahoParties or a Mycaho user in any manner prohibited or waived herein,

(4) As a host, sharing your vehicle via the Services with expired registration stickers or without current registration paperwork in the vehicle,

(5) As a host, offering any vehicle that is the subject of a missing or stolen vehicle report,

(6) As a host, offering any vehicle or releasing a vehicle to a guest that is not roadworthy or is otherwise in an unsafe condition,

(7) As a host, cancel or modify a trip to manipulate the price or potential earnings for a vehicle, or

(8) Creating or using a Mycahoaccount that has the effect of circumventing Mycaho’s suspension, termination, or closure of another Mycaho account. You will pay Mycaho $7500 per breach in Liquidated Damages to compensate Mycahofor any such conduct. This amount is not intended as a punishment for any such breach, but rather as a reasonable estimate where actual damages are difficult estimate accurately and/or prove with certainty. This liquidated damages provision is a fundamental element of the basis of the bargain between Mycaho and you. It shall apply to the extent permitted by applicable law, and any aspects of it that are deemed unenforceable shall be severed while leaving the remainder in effect.

Not a rental car company; no accommodation and vehicle easing

Mycaho is not a rental car and Accommodation company. It does not own a fleet of vehicles and is not in the business of renting vehicles to the public. Mycahoalso is not providing short- or long-term vehicle and accommodation leases. Mycaho does not own a chain of hotels and any kind of accommodation etc. Mycaho provides an online platform where vehicle and property owners list their services and guests can use these services by using our platform subject to these terms.

Rounding off; currency

Mycaho may, in its sole discretion, round up or down amounts that are payable from or to hosts or guests to the nearest whole functional base unit in which the currency is denominated (e.g. to the nearest dollar, euro, pound, or other supported currency) unless explicitly prohibited under applicable law. The currency displayed on the Services is based on the search location, vehicle location, and/or host location.

Governing law

The parties agree that the substantive laws of the state of Delaware apply to these Terms and the Agreement without regard to conflict of law provisions.

Severability and non-waiver

In the event any provision of these Terms is held to be void, voidable, or unenforceable, the remaining provisions shall remain in full force and effect. The failure of any Party to enforce any provision of these Terms shall not be construed to be a waiver of such provision, or any other provision, nor in any way to affect the validity of these Terms or any part of these Terms, or any right of any Party to enforce that provision or each and every other provision at any time. No waiver of any breach of these Terms shall constitute or be deemed a waiver of any other breach.

General

Mycahodoes not appoint you or any other user as its employee, mandatory, legal agent, or form any kind of legal partnership or joint venture. You are not authorized to make any commitments on behalf of Mycahoand Mycaho will not make commitments on your behalf, except as contemplated by the Services or expressly stated in these Terms.

The Agreement, including these Terms, states the entire understanding between you and Mycaho concerning your access to and use of the Services and supersedes any earlier verbal or written communications between us. With the exception of appointing a custodian to manage your vehicles on your behalf, you may not delegate your legal obligations or transfer any of your rights, in whole or in part, to any third party without advance written consent of Mycaho. You will remain responsible for your obligations hereunder in any event. A Mycaho director or officer must agree to any modification or waiver of any term of the Agreement in writing. Headings are for reference purposes only and do not limit the scope or extent of such section.

NONDISCRIMINATION POLICY

Our community is the foundation of our business—without you, we wouldn’t exist—so we rely on good people to do good things, and to treat each other and their property with respect, dignity, and compassion. Our shared commitment to these values enables every member of our community to feel welcome on our platform regardless of the way they look, who they love, what they believe, how they self-identify, where they’re from, or when they were born. We have a zero-tolerance policy—discrimination of any kind is not tolerated in the Mycaho community.

Race, color, ethnicity, religion, age, national origin, residence or geographic location, ancestry, sexual orientation, gender, military service, disability, genderidentity, or marital/parental status

Members of the Mycaho community may not

· Make any statement that discourages or indicates a preference for or against any guest on account of race, color, ethnicity, religion, age, national origin, residence or geographic location, ancestry, sexual orientation, gender, military service, disability, gender identity, or marital/parental status

Mycaho hosts may not

· Decline or cancel reservations based on race, color, ethnicity, religion, age, national origin, residence or geographic location, ancestry, sexual orientation, gender, military service, disability, gender identity, or marital/parental status.

· Impose any different terms or conditions based on race, color, ethnicity, religion, age, national origin, residence or geographic location, ancestry, sexual orientation, gender, military service, disability, gender identity, or marital/parental status.

· Post any listing that discourages or indicates a preference for or against any guest on account of race, color, ethnicity, religion, age, national origin, residence or geographic location, ancestry, sexual orientation, gender, military service, disability, gender identity, or marital/parental status.

Genderidentity

Mycaho hosts may

· Contact customer support if the gender presentation of a guest does not appear to match their license.

Disability

Mycaho hosts may not

· Make assumptions about the guest’s ability to operate their vehicle.

· Decline or cancel a trip based on a guest’s actual or perceived disability.

· Inquire about the existence or severity of a guest’s disability, or the means used to accommodate a disability. If a potential guest raises his or her disability, a host should discuss whether their vehicle meets the potential guest’s needs.

· Post any listing or make any statement that discourages or indicates a preference for or against any guest who may have a disability.

· Refuse to communicate with a guest with a hearing disability via their preferred mode of communication.

Mycaho hosts may

· State factual information about the accessibility features of their listing (i.e., automatic doors, no storage space for a wheelchair, inaccessible car location, etc.).

Familial status

Mycaho hosts may not

· Decline, cancel, or impose any different terms or conditions for a reservation based on familial status (having a child under the age of eighteen, being pregnant, or in the process of adopting or gaining custody of a child).

Mycaho hosts may

· Provide factually accurate information about their listing’s features (or lack of them) that could make the listing unsafe or unsuitable for families with children or infants.

· Contact customer support if both guest and host are unable to provide proper accommodations for a guest’s family needs. For instance, a guest arrives to pick up a car with a child who is required to have a car seat without one.

Personalpreference

Mycaho hosts may

· Decline or cancel reservations based on other factors excluding race, color, ethnicity, religion, age, national origin, residence or geographic location, ancestry, sexual orientation, gender, military service, disability, gender identity, or marital/parental status, except as noted above. For example, a host can decline a guest who indicates a desire to tow a boat or film a commercial with the vehicle.

New York notice

NOTICE: New York State Law prohibits the following practices by any peer-to-peer car sharing program administrator based upon race, color, ethnic origin, religion, disability, sex, marital status, residence or geographic location, income, sexual orientation, genetic predisposition, or age: (1) refusal to allow participation in a peer-to-peer car sharing program; and (2) the imposition of any additional charge (except in certain instances where the shared vehicle driver is under the age of 25). In addition, it is unlawful for any peer-to-peer car sharing program administrator to refuse to allow participation in the program to any person solely on the requirement of ownership of credit card.

Whathappenswhen a member of the Mycahocommunitydoesn’tcomplywiththesepolicies?

Mycaho will review reports of discrimination on a case by case basis, and impose consequences on members of the Mycaho community who violate our nondiscrimination policies, which may or may not include removal from the Mycaho marketplace.

As the Mycaho community grows, we will continue to ensure that our policies continue to make everyone feel welcome and respected in all of their interactions with Mycaho community members.

How to report discrimination to Mycaho

Mycaho takes reports of discrimination very seriously.

If you believe that you have experienced unlawful discrimination outlined in our nondiscrimination policy on the Mycaho marketplace, please report it using our support request form. Please provide specific details and the name of the community member involved and reservation number.

We will investigate reports of discrimination on a case-by-case basis, and we may follow up with you for additional documentation. If we determine that a community member has violated our non-discrimination policy, we will impose consequences which may or may not include removal from the Mycaho marketplace.