LEAP MOBILITY TERMS OF SERVICE
Last Updated: April 05, 2022

These Terms of Service (“Terms”) apply to your access to and use of the website,
mobile application, including registering for an account for use of an electric scooter
rental service and other online products and services (collectively, the “Services”)
provided by LEAP Mobility and its subsidiaries and affiliated companies (“Company”
or “we”).

By clicking “I Accept” or by using our Services, you agree that you have read,
understand, and accept these Terms, including the mandatory arbitration provision
and class action waiver in Section 18, and you agree to be bound by these Terms. If
you do not agree to these Terms, do not use our Services.
We may make changes to these Terms from time to time. If we make changes, we
will provide you with notice of such changes, such as by sending an email, providing
a notice through our Services or updating the date at the top of these Terms. Unless
we say otherwise in our notice, the amended Terms will be effective immediately,
and your continued use of our Services after we provide such notice will confirm
your acceptance of the changes. If you do not agree to the amended Terms, you
must stop using our Services.
If you have any questions about these Terms or our Services, please contact us at
support@leapmobility.io.

Privacy
For information about how we collect, use, share or otherwise process information
about you, please see our Privacy Policy at
https://www.leapmobility.io/privacypolicy.
 

Eligibility
You must be at least 18 years of age to use our Services.
User Accounts and Account Security
You must register for an account to access some or all of our Services. If you
register for an account, you must provide accurate account information and
promptly update this information if it changes. You also must maintain the security
of your account and promptly notify us of any unauthorized use of your password or
username or any other breach of security by emailing us at
support@leapmobility.io. We shall not be responsible for any loss, claim, or other
liability that may arise from the unauthorized use of any password. If a password is
lost or stolen, it is your responsibility to change the password, and immediately
notify us, so that your account remains both secure and functional.
 

Scooter Rental Agreement
If you wish to rent an electric scooter through the Services, you are required to
review and accept the Scooter Rental Agreement, Waiver of Liability, and Release
(collectively, the “Scooter Rental Agreement”). You can access the Scooter Rental

Agreement at any time by clicking on the link identified as Scooter Rental
Agreement, which can be found at https://www.leapmobility.io/useragreement/
 

Payment
We will charge you for the rental services provided to you. You agree that you will
pay for all rental services you purchase from us, and that we may charge your
credit or debit card account as provided by you when registering for the Services for
the rental services (including any taxes and late fees, as applicable) that may be
accrued by or in connection with your account, and as provided in the Scooter
Rental Agreement. You are responsible for the timely payment of all fees and
charges and for providing us with a valid credit or debit card account for payment of
all fees at all times. Payments made are only refundable at our sole discretion. We
may also, at our sole discretion, place an authorization hold on Your credit or debit
card to cover any fees, damages, or other such amounts that may arise.
We use a third-party payment processor (the “Payment Processor”) to link your
credit or debit card account to our Services. The processing of payments or credits,
as applicable, in connection with your use of rental services will be subject to the
terms, conditions, and privacy policies of the Payment Processor and your credit or
debit card issuer in addition to these Terms. We are not responsible for any errors
by the Payment Processor.
 

Trip Maps and Statistics
As a registered account holder, you may view your trip maps and statistics on your
user profile. Your trip statistics may include miles traveled, CO2 reduced, calories
burned, and dollars saved. You may share your trip maps and statistics with friends
you have approved to view your trip maps and statistics on your user profile.
You may add friends to your account by importing them from certain of your third-
party accounts such as Facebook or Twitter, or by searching for other users in your
network area. By designating friends on your account, you agree that we may
display publicly your trip maps and statistics to such friends. You may disable this
sharing feature and not disclose certain individual trip maps or statistics.
You may also share your own trip maps and statistics via certain third-party sites
such as Facebook or Twitter or by email. Your use of those third-party services are
subject to the terms and conditions of those third-party sites, and we disclaim all
liability related to your sharing your trip maps or statistics in connection with any
third- party service. Although we will strive to track and display information about
you in your user profile accurately, we disclaim any liability for any errors or
inaccuracies in any statistics displayed on your user profile or in the shared trips
and statistics.
 

Interaction with Other Users
You acknowledge that we have no screening policy, and that anyone who creates a
valid account will become a registered-account holder without any review or
approval by us; provided, however, that we may, our sole discretion, terminate an
account for any reason. You are solely responsible for your interactions with other
users that occur as a result of the Services and any communications with other
individuals in connection with the Services are at your own risk. We disclaim all

liability for any actions of other users. Please use your discretion when deciding
whether to share any of your personal information to another user.
Prohibited Conduct and Content; User Content

You will not violate any applicable law, contract, intellectual property right or other
third-party right or commit a tort, and you are solely responsible for your conduct
while using our Services. You will not:
Engage in any defamatory, harassing, threatening, intimidating, predatory or
stalking conduct;

Use or attempt to use another user’s account without authorization from that user
and Company, impersonate or post on behalf or any person or entity or otherwise
misrepresent your affiliation with a person or entity;
Sell, resell or commercially use our Services;
Copy, reproduce, distribute, publicly perform or publicly display all or portions of our
Services, except as expressly permitted by us or our licensors;
Modify our Services, remove any proprietary rights notices or markings, or
otherwise make any derivative works based upon our Services;
Use our Services other than for their intended purpose and in any manner that
could interfere with, disrupt, negatively affect or inhibit other users from fully
enjoying our Services or that could damage, disable, overburden or impair the
functioning of our Services in any manner; Reverse engineer any aspect of our

Services or do anything that might discover
source code or bypass or circumvent measures employed to prevent or limit access
to any part of our Services;
Attempt to circumvent any content-filtering techniques we employ or attempt to
access any feature or area of our Services that you are not authorized to access;
Use any data mining, robots or similar data gathering or extraction methods
designed to scrape or extract data from our Services;
Develop or use any applications that interact with our Services without our prior
written consent;
Send, distribute or post spam, unsolicited or bulk commercial electronic
communications, chain letters, or pyramid schemes;
Bypass or ignore instructions contained in our robots.txt file; or
Use our Services for any illegal or unauthorized purpose, or engage in, encourage or
promote any activity that violates these Terms.

Our Services may allow you and other users to create, post, store and share
content, including messages, text, photos, videos, software and other materials
(collectively, “User Content”). You may only post or otherwise share User Content
that is non-confidential and that you have all necessary rights to disclose. You are
solely responsible for any User Content that you may upload, post, transmit or
otherwise make available via the Services. Company does not control the User
Content posted via the Services and, as such, we do not guarantee the accuracy,
integrity, or quality of User Content. You understand that by using the Services, you
may be exposed to User Content that you deem offensive or objectionable. Under
no circumstances will we be liable in any way for any User Content, including, but
not limited to, any errors or omissions in User Content, or any loss or damage of any
kind incurred as a result of the use of any User Content posted, emailed,
transmitted, or otherwise made available via the Services.

 

You may not create,
post, store or share any User Content that:

Is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd,
suggestive, defamatory, harassing, threatening, invasive of privacy or publicity
rights, abusive, inflammatory or fraudulent;
Would constitute, encourage or provide instructions for a criminal offense, violate
the rights of any party or otherwise create liability or violate any local, state,
national or international law;
May infringe any patent, trademark, trade secret, copyright or other intellectual or
proprietary right of any party; Contains or depicts any statements, remarks or
claims that do not reflect your honest views and experiences; Impersonates, or
misrepresents your affiliation with, any person or entity;
Contains any unsolicited promotions, political campaigning, advertising or
solicitations; Contains any private or personal information of a third party without
such third party’s consent;
Contains any viruses, corrupted data or other harmful, disruptive or destructive files
or content; or In our sole judgment, is objectionable, restricts or inhibits any other person from
using or enjoying our Services, or may expose Company or others to any harm or
liability of any type.

Enforcement of this Section 8 is solely at Company’s discretion, and failure to
enforce this section in some instances does not constitute a waiver of our right to
enforce it in other instances. In addition, this Section 8 does not create any private
right of action on the part of any third party or any reasonable expectation that the
Services will not contain any content that is prohibited by such rules.
By posting, displaying, publishing, transmitting, or otherwise making available
(individually and collectively, “posting”) any User Content on or through our
Services, you hereby grant to Company a non-exclusive, fully- paid, perpetual,
royalty-free, irrevocable, sub-licensable, worldwide license for the duration of
copyright in your User Content, to use, copy, modify, adapt, translate, create
derivative works, publicly perform, publicly display, store, reproduce, transmit,
distribute, and otherwise make available such User Content on and through our
Services, in print, or in any other format or media now known or hereafter invented,
without any obligation of notification, compensation, attribution, or consent. If you
wish to remove any User Content from the Website, your ability to do so may
depend on the type of User Content, the location and manner of posting, and other
factors. You may contact us at support@leapmobility.io to request the removal of
certain User Content you have posted.
However, you acknowledge and agree that we have no obligation to remove any
such User Content, we may choose whether or not to do so in our sole discretion,
and we make no guarantee as to the complete deletion of any such User Content
and copies thereof. In any case, a back-up or residual copy of any User Content
posted by you may remain on our servers after the User Content appears to have
been removed from our Services, and we retain all rights granted in this paragraph
to all such remaining copies.

We do not claim ownership rights in any User Content you post on or transmit
through the Services. Subject to the license above, as between Company and you,
you will retain all intellectual property rights that you may have in any User Content

that you post on or transmit through the Services. You represent and warrant that:
(i) you own all right, title, and interest in all User Content posted by you on or
through our Services, or otherwise have the right to grant the license set forth in
this section, and (ii) the posting of your User Content on or through our Services
does not violate the privacy rights, publicity rights, copyrights, trademarks, patents,
trade secrets, contract rights, confidentiality, any other rights of any third party, or
any terms of these Terms.

Ownership; Limited License
The Services, including the text, graphics, images, photographs, videos, illustrations
and other content contained therein, are owned by Company or our licensors and
are protected under both United States and foreign laws. Except as explicitly stated
in these Terms, all rights in and to the Services are reserved by us or our licensors.
Subject to your compliance with these Terms, you are hereby granted a limited,
nonexclusive, nontransferable, non-sublicensable, revocable license to access and
use our Services for your own personal, noncommercial use. Except for User
Content posted by you, you may not copy, modify, translate, publish, broadcast,
transmit, distribute, perform, display, make available, or sell any User Content or
other content appearing on or through our Services. Any use of the Services other
than as specifically authorized herein, without our prior written permission, is
strictly prohibited, will terminate the license granted herein and violate our
intellectual property rights.
Trademarks
LEAP Mobility, the name “LEAP” and our logos, our product or service names, our
slogans and the look and feel of the Services are trademarks of Company and may
not be copied, imitated or used, in whole or in part, without our prior written
permission. All other trademarks, registered trademarks, product names and
company names or logos mentioned on the Services are the property of their
respective owners. Reference to any products, services, processes or other
information by trade name, trademark, manufacturer, supplier or otherwise does
not constitute or imply endorsement, sponsorship or recommendation by us.
Feedback

You may voluntarily post, submit or otherwise communicate to us any questions,
comments, suggestions, ideas, original or creative materials or other information
about Company or our Services (collectively, “Feedback”). You understand that we
may use such Feedback for any purpose, commercial or otherwise, without
acknowledgment or compensation to you, including, without limitation, to develop,
copy, publish, or improve the Feedback in Company’s sole discretion. You
understand that Company may treat Feedback as non-confidential.
Repeat Infringer Policy; Copyright Complaints
In accordance with the Digital Millennium Copyright Act and other applicable law,
we have adopted a policy of terminating, in appropriate circumstances, the
accounts of users who repeatedly infringe the intellectual property rights of others.
If you believe that anything on our Services infringes any copyright that you own or
control, you may notify Company’s designated agent as follows:

Designated Agent: CSC

Address: 251 Little Falls Drive, Wilmington, DE 19808-1674
Telephone Number: 888-690-2882
E-Mail Address: sop@cscglobal.com
Please see 17 U.S.C. § 512(c)(3) for the requirements of a proper notification. Also,
please note that if you knowingly misrepresent that any activity or material on our
Services is infringing, you may be liable to Company for certain costs and damages.
Third-Party Content
We may provide information about third-party products, services, activities or
events, or we may allow third parties to make their content and information
available on or through the Services (collectively, “Third- Party Content”). We
provide Third-Party Content as a service to those interested in such content. Your
dealings or correspondence with third parties and your use of or interaction with
any Third-Party Content are solely between you and the third party. Company does
not control or endorse, and makes no representations or warranties regarding, any
Third-Party Content, and your access to and use of such Third-Party Content is at
your own risk.

Indemnification
To the fullest extent permitted by applicable law, you will indemnify, defend and
hold harmless Company, our subsidiaries and affiliates, and each of our respective
officers, directors, agents, partners and employees (individually and collectively, the
“Company Parties”) from and against any losses, liabilities, claims, demands,
damages, expenses or costs (“Claims”) arising out of or related to (a) your access to
or use of the Services; (b) your User Content or Feedback; (c) your violation of these
Terms; (d) your violation, misappropriation or infringement of any rights of another
(including intellectual property rights or privacy rights); or (e) your conduct in
connection with the Services. You agree to promptly notify Company Parties of any
third-party Claims, cooperate with Company Parties in defending such Claims and
pay all fees, costs and expenses associated with defending such Claims (including,
but not limited to, attorneys’ fees). You also agree that the Company Parties will
have control of the defense or settlement, at Company’s sole option, 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 you and Company or the
other Company Parties.

Disclaimers
You expressly acknowledge that your use of our Services is at your sole risk. Our
Services are provided “as is” and “as available” without warranties of any kind,
either express or implied, including, but not limited to, implied warranties of
merchantability, fitness for a particular purpose, title, and non-infringement. In
addition, Company does not represent or warrant that our Services are accurate,
complete, reliable, current or error-free, or that the quality of the electric scooters,
content, products, services, information, or any material purchased or obtained by
you through the Services will meet your expectations. We cannot and do not
represent or warrant that our Services or servers are free of viruses or other

harmful components. You assume the entire risk as to the quality and performance
of the Services.

Limitation of Liability
To the fullest extent permitted by applicable law, Company and the other Company
Parties will not be liable to you under any theory of liability—whether based in
contract, tort, negligence, warranty, or otherwise—for any indirect, consequential,
exemplary, incidental, punitive or special damages or lost profits, even if Company
or the other Company Parties have been advised of the possibility of such damages.
The total liability of Company and the other Company Parties for any claim arising
out of or relating to these Terms or our Services, regardless of the form of the
action, is limited to the amount paid by you to use our Services in the twelve
months prior to the claim.

The limitations set forth in this Section 16 will not limit or exclude liability for the
gross negligence, fraud or intentional misconduct of Company or the other
Company Parties or for any other matters in which liability cannot be excluded or
limited under applicable law. Additionally, some jurisdictions do not allow the
exclusion or limitation of incidental or consequential damages, so the above
limitations or exclusions may not apply to you.
While LEAP has taken steps to protect riders from contracting diseases such as,
COVID-19, through the use of antiseptic wraps on the handlebars and more frequent
cleaning of the Scooters, no one, including LEAP, can completely protect you from
contracting diseases such as COVID-19. You acknowledge and agree that LEAP has
no responsibility or liability to you or anyone else should you contract any disease,
including COVID-19, from using the Scooters.
LEAP strongly recommends that you follow the U.S. Center for Disease Control
guidelines and wash your hands. Handwashing is one of the best ways to protect
yourself and your family from getting sick. Wash your hands often with soap and
water for at least 20 seconds, especially after using the Scooter. If soap and water
are not readily available, use an alcohol-based hand sanitizer with at least 60%
alcohol.

Release
To the fullest extent permitted by applicable law, you release Company and the
other Company Parties from responsibility, liability, claims, demands and/or
damages (actual and consequential) of every kind and nature, known and unknown
(including, but not limited to, claims of negligence), arising out of or related to
disputes between users and the acts or omissions of third parties. If you are a
consumer who resides in California, you hereby waive your rights under California
Civil Code § 1542, which provides: “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.”
Dispute Resolution; Binding Arbitration

Please read the following section carefully because it requires you to arbitrate
certain disputes and claims with Company and limits the manner in which you can
seek relief from us, unless you opt out of arbitration by following the instructions set
forth below. No class or representative actions or arbitrations are allowed under this
arbitration agreement. In addition, arbitration precludes you from suing in court or
having a jury trial.

No Representative Actions. You and Company agree that any dispute arising out of
or related to these Terms or our Services is personal to you and Company and that
any dispute will be resolved solely through individual action, and will not be brought
as a class arbitration, class action or any other type of representative proceeding.
Arbitration of Disputes. Except for small claims disputes in which you or Company
seeks to bring an individual action in small claims court located in the county of
your billing address or disputes in which you or Company seeks injunctive or other
equitable relief for the alleged unlawful use of intellectual property, you and
Company waive your rights to a jury trial and to have any dispute arising out of or
related to these Terms or our Services resolved in court. Instead, for any dispute or
claim that you have against Company or relating in any way to the Services, you
agree to first contact Company and attempt to resolve the claim informally by
sending a written notice of your claim (“Notice”) to Company by email at
legaldocs@leapmobility.io or by certified mail addressed to LEAP Mobility, Attention:
Legal Department, 433 Bishop St. NW, Ste B1, Atlanta, GA 30318. The Notice must
(a) include your name, residence address, email address, and telephone number;
(b) describe the nature and basis of the claim; and (c) set forth the specific relief
sought. Our notice to you will be similar in form to that described above. If you and
Company cannot reach an agreement to resolve the claim within thirty (30) days
after such Notice is received, then either party may submit the dispute to binding
arbitration administered by JAMS or, under the limited circumstances set forth
above, in court. All disputes submitted to JAMS will be resolved through confidential,
binding arbitration before one arbitrator. Arbitration proceedings will be held in
Fulton County, Georgia, in accordance with the JAMS Streamlined Arbitration Rules
and Procedures (“JAMS Rules”). The most recent version of the JAMS Rules are
available on the JAMS website and are hereby incorporated by reference. You either
acknowledge and agree that you have read and understand the JAMS Rules or waive
your opportunity to read the JAMS Rules and waive any claim that the JAMS Rules
are unfair or should not apply for any reason.

You and Company agree that these Terms affect interstate commerce and that the
enforceability of this Section 18 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. 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, including the power to determine the question of arbitrability. The
arbitrator may conduct only 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.

The arbitrator, Company, and you will maintain the confidentiality of any arbitration
proceedings, judgments and awards, including, but not limited to, all information
gathered, prepared and presented for purposes of the arbitration or related to the
dispute(s) therein. The arbitrator will have the authority to make appropriate rulings
to safeguard confidentiality, unless the law provides to the contrary. The duty of
confidentiality does not apply to the extent that disclosure is necessary to prepare
for or conduct the arbitration hearing on the merits, in connection with a court
application for a preliminary remedy or in connection with a judicial challenge to an
arbitration award or its enforcement, or to the extent that disclosure is otherwise
required by law or judicial decision.

You and Company agree that for any arbitration you initiate, you will pay the filing
fee and Company will pay the remaining JAMS fees and costs. For any arbitration
initiated by Company, Company will pay all JAMS fees and costs. You and Company
agree that the state or federal courts of the State of Georgia and the United States
sitting in Fulton County, Georgia have exclusive jurisdiction over any appeals and
the enforcement of an arbitration award.

Any claim arising out of or related to these Terms or our Services must be filed
within one year after such claim arose; otherwise, the claim is permanently barred,
which means that you and Company will not have the right to assert the claim.
You have the right to opt out of binding arbitration within 30 days of the date you
first accepted the terms of this Section 18 by emailing us at
support@leapmobility.io. In order to be effective, the opt-out notice must include
your full name and address 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 19.

If any portion of this Section 18 is found to be unenforceable or unlawful for any
reason, (a) the unenforceable or unlawful provision shall be severed from these
Terms; (b) severance of the unenforceable or unlawful provision shall have no
impact whatsoever on the remainder of this Section 18 or the parties’ ability to
compel arbitration of any remaining claims on an individual basis pursuant to this
Section 18; and (c) to the extent that any claims must therefore proceed on a class,
collective, consolidated, or representative basis, such claims must be litigated in a
civil court of competent jurisdiction and not in arbitration, and the parties agree that
litigation of those claims shall be stayed pending the outcome of any individual
claims in arbitration. Further, if any part of this Section 18 is found to prohibit an
individual claim seeking public injunctive relief, that provision will have no effect to
the extent such relief is allowed to be sought out of arbitration, and the remainder
of this Section 18 will be enforceable.

Governing Law and Venue
Any dispute arising from these Terms and your use of the Services will be governed
by and construed and enforced in accordance with the laws of Florida, except to the
extent preempted by U.S. federal law, without regard to conflict of law rules or
principles (whether of Florida 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 the state or federal courts of Florida and the United States, respectively,
sitting in Fulton County, Georgia.

Modifying and Terminating our Services
We reserve the right to modify our Services or to suspend or stop providing all or
portions of our Services at any time. You also have the right to stop using our
Services at any time. We are not responsible for any loss or harm related to your
inability to access or use our Services.

Severability
If any provision or part of a provision of these Terms is unlawful, void or
unenforceable, that provision or part of the provision is deemed severable from
these Terms and does not affect the validity and enforceability of any remaining
provisions.

Miscellaneous
The failure of Company to exercise or enforce any right or provision of these Terms
will not operate as a waiver of such right or provision. The section titles in these
Terms are for convenience only and have no legal or contractual effect. Except as
otherwise provided herein, these Terms are intended solely for the benefit of the
parties and are not intended to confer third-party beneficiary rights upon any other
person or entity. You agree that communications and transactions between us may