Dash Terms of Service
Last Updated: January 22, 2024
These Terms of Service constitute a legally binding agreement (the “Agreement”) between you and Dash, Inc., its parents, subsidiaries, representatives, affiliates, officers and directors (collectively, “Dash,” “we,” “us” or “our”) governing your use of the Dash applications, websites, technology, facilities, and platform (collectively, the “Dash Platform”).
PLEASE BE ADVISED: THIS AGREEMENT CONTAINS PROVISIONS THAT GOVERN HOW CLAIMS BETWEEN YOU AND Dash CAN BE BROUGHT (SEE SECTION 17 BELOW). THESE PROVISIONS WILL, WITH LIMITED EXCEPTION, REQUIRE YOU TO: (1) WAIVE YOUR RIGHT TO A JURY TRIAL, AND (2) SUBMIT CLAIMS YOU HAVE AGAINST DASH TO BINDING AND FINAL ARBITRATION ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, GROUP OR REPRESENTATIVE ACTION OR PROCEEDING. AS A DRIVER OR DRIVER APPLICANT, YOU HAVE AN OPPORTUNITY TO OPT OUT OF ARBITRATION WITH RESPECT TO CERTAIN CLAIMS AS PROVIDED IN SECTION 17.
By entering into this Agreement, and/or by using or accessing the Dash Platform, you expressly acknowledge that you understand this Agreement (including the dispute resolution and arbitration provisions in Section 17) and accept all of its terms. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MAY NOT USE OR ACCESS THE DASH PLATFORM OR ANY OF THE SERVICES PROVIDED THROUGH THE DASH PLATFORM. If you use the Dash Platform in another country, you agree to be subject to Dash’s terms of service for that country. If you are accessing or using the Dash Platform to access or use Dash Business services on behalf of an organization contracted with Dash, and you are not accessing or using the Dash Platform as a Rider or Driver, your access and use is governed by the contract between Dash and your organization.
When using the Dash Platform, you also agree to conduct yourself in accordance with our Community Guidelines, which shall form part of this Agreement between you and Dash.
The Dash Platform
The Dash Platform provides a marketplace where, among other things, persons who seek transportation to certain destinations (“Riders”) can be matched with transportation options to such destinations. One option for Riders is to request a ride from rideshare drivers who are driving to or through those destinations (“Drivers”). Drivers, Riders, and any other individuals, excluding any Excluded Individuals, using the Dash Platform are collectively referred to herein as “Users,” and the driving services provided by Drivers to Riders, and other transportation related services provided by Drivers in connection with the Dash Platform, shall be referred to herein as “Rideshare Services.” “Dash Services” shall include any service provided by Dash pursuant to the Dash Platform (for clarity, Dash Services does not include Rideshare Services or Third-Party Services). As a User, you authorize Dash to match and/or re-match you with Drivers or Riders based on factors such as your location, the requested pickup location, the estimated time to pickup, your destination, User preferences, ride mode, driver mode, membership status, regulatory or other third-party requirements, user statistics, and platform efficiency, and to cancel an existing match based on the same or other considerations. Any decision by a User to offer or accept Rideshare Services is a decision made in such User’s sole discretion. A separate agreement is formed between Drivers and Riders when the Rider accepts the Rideshare Services offered by the Driver. As used herein, “Excluded Individuals” means any individual who is registering to use the Dash Platform or whose use of the Dash Platform is on behalf of an organization contracted with Dash, except as a Rider or Driver.
In certain markets, Riders may have the option to rent transportation modalities (e.g., bikes, scooters, cars, etc.) or be offered other services through the Dash Platform. In some markets, some of these rental programs and/or other services are owned and operated by Dash. In other markets, some of these rental programs and/or other services are owned or operated by third parties.
In any case, your use of Dash Services through the Dash Platform may be subject to additional agreements between you and Dash as applicable to the particular service in the particular market (“Supplemental Agreements”). Please review any applicable Supplemental Agreements carefully. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF A SUPPLEMENTAL AGREEMENT, YOU MAY NOT RENT OR USE DASH SERVICES IN SUCH MARKET. In the event of any conflict between this Agreement and the terms and conditions of any Supplemental Agreement, the terms of this Agreement shall control, unless such Supplemental Agreement specifically states otherwise.
Modification to the Agreement
Dash reserves the right to modify the terms and conditions of this Agreement, and such modifications shall be binding on you only upon your acceptance of the modified Agreement. Dash reserves the right to modify any information on pages referenced in the hyperlinks from this Agreement from time to time, and such modifications shall become effective upon posting. Continued use of the Dash Platform after any such changes shall constitute your acceptance of such changes. Unless material changes are made to the arbitration provisions herein, you agree that modification of this Agreement does not create a renewed opportunity to opt out of arbitration (if applicable).
Eligibility
The Dash Platform may only be used by individuals who have the right and authority to enter into this Agreement and are fully able and competent to satisfy the terms, conditions, and obligations herein. The Dash Platform is not available to Users who have had their User account temporarily or permanently deactivated. You may not allow other persons to use your User account, you agree that you are the sole authorized user of your User account, and you may not use your User account on behalf of any third party, except as otherwise expressly permitted by Dash. To use the Dash Platform, each User shall create a User account. Each person may only create one User account, and Dash reserves the right to deactivate any additional or duplicate accounts. Your participation in certain Dash programs and use of certain Dash services may be subject to additional eligibility requirements as determined by Dash.
By becoming a User, you represent and warrant that you are at least 18 years old. Notwithstanding the foregoing, if you are the parent or legal guardian of a 16 or 17-year old minor you may create a User account for such minor to use the Dash Platform subject to the following requirements and restrictions: (a) you ensure that the minor’s use of the Dash Platform is limited solely to accessing and using Dash Services and/or Third-Party Services where expressly permitted under the Supplemental Agreement applicable to such Dash Services and/or Third-Party Services, (b) you determine that the Dash Services and/or Third-Party Services are suitable for the minor, (c) you ensure that the minor’s use of the Dash Platform and applicable Dash Services and/or Third-Party Services is done in compliance and acknowledgement of all applicable safety instructions and warnings in this Agreement, any applicable Supplemental Agreements, and the Dash Platform, (d) you ensure that the minor does not request or accept any Rideshare Services unless accompanied by you or an authorized guardian, and (e) you explain the terms of this Agreement to the minor. For clarity, no unaccompanied User under 18 years old may ride in an autonomous vehicle.
By creating a User account for such minor, you hereby give permission and consent to the Agreement on the minor’s behalf, you expressly guarantee the minor’s acceptance, and your own acceptance, of the terms of this Agreement, and you shall assume any and all responsibility and liability for the minor’s use of the Dash Platform as provided by the terms of this Agreement and any applicable Supplemental Agreements. You will be responsible for any breach of the above representations, warranties and/or this Agreement, and/or any attempt of the minor to disaffirm this Agreement. Furthermore, you hereby represent that you are fully authorized to execute this Agreement on behalf of yourself and all other parents or legal guardians of the minor rider.
Charges
As a User, you understand that request or use of Rideshare Services, Dash Services, or Third-Party Services may result in charges (“Charges”) to you and/or to an organization, if applicable. Charges to Riders and/or organizations, if applicable, for Rideshare Services include Fares (defined below) and other applicable fees, tolls, surcharges, and taxes, including as set forth on your market’s Dash Cities page (“Dash Cities Page”), plus any tips to the Driver that you elect to pay. Dash has the authority and reserves the right to determine and modify pricing by posting applicable pricing terms to your market’s Dash Cities Page or quoting you a price for a specific ride at the time you make a request. Pricing may vary based on the type of service you request (e.g., shared, economy, extra seats, luxury) as described on your market’s Dash Cities Page or within the Dash Platform. You are responsible for reviewing the applicable Dash Cities Page or price quote within the Dash Platform and shall be responsible for all Charges incurred under your User account regardless of your awareness of such Charges or the amounts thereof.
Dash Service Fares (“Fares”). There are two types of Fares, quoted and variable.
Quoted Fares. When you make a ride request using the Dash Platform, Dash will quote you a Fare at the time of your request. The quote is subject to change until the ride request is confirmed. If your final destination is not the same as the destination in your ride request, or the time or distance of your ride differs substantially from your quoted fare, or if you attempt to abuse the Dash Platform, we may, at Dash's sole discretion and determination, cancel the fare quote and charge you a variable fare as described below. Dash does not guarantee that the quoted fare price will be equal to a variable fare for the same ride. Quoted fares may include the Rideshare Service Fees and Other Charges below, as applicable.
Variable Fares. Variable fares consist of a base charge and incremental charges based on the time and distance of your ride. For particularly short rides, minimum fares may apply. Please note that we use GPS data from your Driver’s phone to calculate the distance traveled on your ride. We cannot guarantee the availability or accuracy of GPS data. If we lose signal, we will calculate time and distance using available data from your ride. In addition to the variable fare, the total cost of your ride may include the Rideshare Service Fees and Other Charges below, as applicable.
Rideshare Service Fees and Other Charges.
Dash Service Fee. Dash may charge a “Service Fee” for each ride, as set forth on the applicable Dash Cities Page.
Prime Time. At certain times, including times of high demand for Dash Services (“Prime Time”), you acknowledge that Charges may increase substantially. For quoted fares, we may factor Prime Time increases into the quoted price of the ride.
Priority Pickup and Wait & Save. In some cases, you may be able to select an expected pick up that is faster or slower than standard for a higher or lower Fare, respectively.
Cancellation Fee. After requesting a ride you may cancel it through the Dash Platform, but note that in certain cases a cancellation fee may apply. Dash may also charge a fee if you fail to show up after requesting a ride. Please check out our Help Center to learn more about Dash’s rider cancellation policy.
Damage Fee. If a Driver reports that you have materially damaged the Driver's vehicle, you agree to pay a “Damage Fee” of up to $250 depending on the extent of the damage (as determined by Dash in its sole discretion), towards vehicle repair or cleaning. Dash reserves the right (but is not obligated) to verify or otherwise require documentation of damages prior to processing the Damage Fee.
Abuse Fee. If we receive a credible report that you have misused or abused the Dash Platform, you agree to pay an “Abuse Fee” of up to $250 as determined by Dash in its sole discretion. Dash reserves the right (but is not obligated) to verify or otherwise require documentation of abuse prior to processing the Abuse Fee.
Tolls. In some instances tolls, toll estimates, or return tolls may apply to your ride. Please see our Help Center and your market’s Dash Cities Page for more information about toll charges. We do not guarantee that the amount charged by Dash will match the toll charged to the Driver, if any.
Other Charges. Other fees and surcharges may apply to your ride, including, but not limited to: actual or anticipated airport fees, state fees, local fees, event fees, fuel surcharges, wait time fees, or distance surcharges as determined by Dash or its marketing partners. In addition, where required by law Dash will collect applicable taxes. See your market’s Dash Cities Page for information on other Charges that may apply to your ride.
Tips. Following a ride, you may have the opportunity to elect to tip your Driver in cash or through the Dash Platform. You may also elect to set a default tip amount or percentage through the Dash Platform. Any tips will be provided entirely to the applicable Driver.
Charges Generally.
Facilitation of Charges. All Charges are facilitated through a third-party payment processor (First Data, Stripe, Inc., Braintree, a division of PayPal, Inc., etc.). Dash may replace its third-party payment processor without notice to you. With the exception of tips and the purchase of Dash Cash, cash payments are strictly prohibited unless expressly permitted by Dash. Your payment of Charges to Dash satisfies your payment obligation for your use of the Dash Platform, Dash Services, Third-Party Services, and Rideshare Services. Certain Charges may be collectively billed as a single purchase transaction to your selected payment method based on the payment frequency indicated in your settings. If your primary payment method expires, is invalid, or if Charges to your primary payment method are unable to be processed for whatever reason, then you agree that Dash may charge your other available payment methods in the Dash Platform. If you don't recognize a transaction, then check your ride receipts and payment history.
No Refunds. All Charges are non-refundable except to the extent required by law. This no-refund policy shall apply at all times regardless of your decision to terminate usage of the Dash Platform, any disruption to the Dash Platform, Dash Services, Third-Party Services, or Rideshare Services, or any other reason whatsoever.
Coupons. You may receive coupons, credits, discounts, or other promotions (collectively, “Coupons”) that you can apply toward payment of certain Charges. Coupons are valid only for use on the Dash Platform, and are not transferable or redeemable for cash except as required by law. Coupons cannot be combined unless expressly provided otherwise, and if the cost of your Charges exceeds the applicable Coupon value, we may charge your payment method on file for the Charges in excess of the Coupon amount. With respect to Fares, Dash may deduct the amount attributable to the Service Fee, Tolls, or Other Charges before application of the Coupon. Additional restrictions on Coupons may apply as communicated to you in a relevant promotion or by clicking on the relevant Coupon within the Rewards section of the Dash Platform.
Supplemental Charges. Charges related to Dash Services (including the rental of bikes and scooters) may be further detailed in the applicable Supplemental Agreement.
Third-Party Charges. If you choose to purchase Third-Party Services (described further in Section 20) through the Dash Platform, you authorize your payment method on file to be charged according to the pricing terms set by Dash or the third-party provider, or as otherwise provided in the terms of the purchased services.
Payment Card Authorization. Upon addition of a new payment method or each request for Dash Services, Rideshare Services, or Third-Party Services, Dash may seek authorization of your selected payment method to verify the payment method, ensure the Charges will be covered, and protect against unauthorized behavior. The authorization is not a charge, however, it may reduce your available credit by the authorization amount until your bank’s next processing cycle. Should the amount of our authorization exceed the total funds on deposit in your account, you may be subject to overdraft of NSF charges by the bank issuing your debit or prepaid card. Dash is not responsible for these charges and is unable to assist you in recovering them from your issuing bank. Check out our Help Center to learn more about our use of pre-authorization holds.
For clarity, Dash does not charge a fee for Users to access the Dash Platform, but retains the right to charge Users and/or organizations, if applicable, a fee or any other Charge for accessing or using Dash Services, Rideshare Services, or Third-Party Services made available through the Dash Platform.
Driver Payments
If you are a Driver, you will receive payment for your provision of Rideshare Services pursuant to the terms of the Driver Addendum, which shall form part of this Agreement between you and Dash.
Dash Communications
By entering into this Agreement or using the Dash Platform, you agree to receive communications from us, our affiliates, or our third-party partners, at any of the phone numbers provided to Dash by you or on your behalf, and also via email, text message, calls, and push notifications. You agree that texts, calls or prerecorded messages may be generated by automatic telephone dialing systems. Communications from Dash, its affiliated companies and/or Drivers may include but are not limited to: operational communications concerning your User account or use of the Dash Platform, Dash Services, Third-Party Services or Rideshare Services, updates concerning new and existing features on the Dash Platform, communications concerning marketing or promotions run by us or our third-party partners, and news concerning Dash and industry developments. If you change or deactivate the phone number you provided to Dash, you agree to update your User account information to help prevent us from inadvertently communicating with anyone who acquires your old number. Standard text messaging charges applied by your cell phone carrier will apply to text messages we send.
IF YOU WISH TO OPT OUT OF PROMOTIONAL EMAILS, YOU CAN UNSUBSCRIBE FROM OUR PROMOTIONAL EMAIL LIST BY FOLLOWING THE UNSUBSCRIBE OPTIONS IN THE PROMOTIONAL EMAIL ITSELF. IF YOU WISH TO OPT OUT OF PROMOTIONAL CALLS OR TEXTS, YOU MAY TEXT “STOP” FROM THE MOBILE DEVICE RECEIVING THE MESSAGES. YOU ACKNOWLEDGE THAT YOU ARE NOT REQUIRED TO CONSENT TO RECEIVE PROMOTIONAL TEXTS OR CALLS AS A CONDITION OF USING THE DASH PLATFORM OR RELATED SERVICES. IF YOU WISH TO OPT OUT OF ALL TEXTS OR CALLS FROM DASH(INCLUDING OPERATIONAL OR TRANSACTIONAL TEXTS OR CALLS), YOU CAN TEXT THE WORD “STOPALL” FROM THE MOBILE DEVICE RECEIVING THE MESSAGES; HOWEVER, YOU ACKNOWLEDGE THAT OPTING OUT OF RECEIVING ALL TEXTS MAY IMPACT YOUR USE OF THE Dash PLATFORM OR RELATED SERVICES. WHEN YOU OPT OUT TEXTS OR CALLS, YOU MAY RECEIVE A ONE-TIME OPT-OUT CONFIRMATION TEXT MESSAGE. NO FURTHER MESSAGES WILL BE SENT TO YOUR MOBILE DEVICE, UNLESS INITIATED BY YOU. FOR COMMUNICATION SERVICE SUPPORT OR ASSISTANCE, PLEASE VISIT OUR HELP CENTER.
Your Information
Your Information is any information you provide, publish or post, and any information provided on your behalf, to or through the Dash Platform (including any profile information you provide) or send to other Users (including via in-application feedback, any email feature, or through any Dash-related Facebook, Twitter or other social media posting) (your “Information”). You consent to us using your Information to create a User account that will allow you to use the Dash Platform, Dash Services, and participate in the Rideshare Services. Our collection and use of personal information in connection with the Dash Platform, Dash Services, and Rideshare Services is as provided in Dash’s Privacy Policy. You are solely responsible for your Information and your interactions with other members of the public, and we act only as a passive conduit for your online posting of your Information. You agree to provide and maintain accurate, current and complete Information and that we and other members of the public may rely on your Information as accurate, current and complete. To enable Dash to use your Information for the purposes described in the Privacy Policy and this Agreement, or to otherwise improve the Dash Platform, Dash Services, or Rideshare Services you grant to us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, transferable, sub-licensable (through multiple tiers) right and license to exercise the copyright, publicity, and database rights you have in your Information, and to use, copy, perform, display and distribute such Information to prepare derivative works, or incorporate into other works, such Information, in any media now known or not currently known. Dash does not assert any ownership over your Information; rather, as between you and Dash, subject to the rights granted to us in this Agreement, you retain full ownership of all of your Information and any intellectual property rights or other proprietary rights associated with your Information.
Promotions, Referrals, and Loyalty Programs
Dash, at its sole discretion, may make available promotions, referral programs and loyalty programs with different features to any Users or prospective Users. Dash reserves the right to withhold or deduct credits or benefits obtained through a promotion or program in the event that Dash determines or believes that the redemption of the promotion or receipt of the credit or benefit was in error, fraudulent, illegal, or in violation of the applicable promotion or program terms or this Agreement. Dash reserves the right to terminate, discontinue, modify or cancel any promotions or programs at any time and in its sole discretion without notice to you.
Dash’s referral program may provide you with incentives to refer your friends and family to become new Users of the Dash Platform in your country (the “Referral Program”). Your participation in the Referral Program is subject to this Agreement and the additional Referral Program rules.
Restricted Activities
With respect to your use of the Dash Platform, Dash Services, Third-Party Services, and your participation in the Rideshare Services, you agree that you will not:
impersonate any person or entity;
stalk, threaten, or otherwise harass any person, or carry any weapons;
violate any law, statute, rule, permit, ordinance or regulation;
interfere with or disrupt the Dash Platform or the servers or networks connected to the Dash Platform;
post Information or interact on the Dash Platform, Dash Services, Third-Party Services, or Rideshare Services in a manner which is fraudulent, libelous, abusive, obscene, profane, sexually oriented, harassing, or illegal;
use the Dash Platform in any way that infringes any third party’s rights, including: intellectual property rights, copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
post, email or otherwise transmit any malicious code, files or programs designed to interrupt, damage, destroy or limit the functionality of the Dash Platform or any computer software or hardware or telecommunications equipment or surreptitiously intercept or expropriate any system, data or personal information;
forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Dash Platform;
“frame” or “mirror” any part of the Dash Platform, without our prior written authorization or use meta tags or code or other devices containing any reference to us in order to direct any person to any other website for any purpose;
modify, adapt, translate, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Dash Platform;
rent, lease, lend, sell, redistribute, license or sublicense the Dash Platform or access to any portion of the Dash Platform;
use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, scrape, “data mine”, copy, access, acquire information, generate impressions or clicks, input or store information, search, monitor any portion of the Dash Platform, or in any way reproduce or circumvent the navigational structure or presentation of the Dash Platform or its contents;
link directly or indirectly to any other websites;
transfer, lend, or sell your User account, password and/or identification, or any other User’s Information to any other party;
use a false email address or other identifying information, impersonate or misrepresent any person or entity, or your affiliation with any person or entity, or otherwise omit, misrepresent, or mislead as to the origin or source of any entity accessing the Dash Platform;
discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity or expression, physical or mental disability, medical condition, marital status, age or sexual orientation;
violate any of the Referral Program rules if you participate in the Referral Program;
commercialize the Rideshare Services, Third-Party Services, or our Dash Services without an agreement directly with Dash;
misuse or abuse the Rideshare Services, Third-Party Services, or our Dash Services in violation of eligibility requirements as determined by Dash;
violate Dash’s Policy Against Sexual Assault, Misconduct, and Harassment;
circumvent any measures implemented by Dash to prevent or address violations of this Agreement; or
cause any third party to engage in the restricted activities above.
Should you suspect that any unauthorized party may be using your User account or you suspect any other breach of security or violation of this Agreement, you agree to notify us immediately.
Driver Representations, Warranties and Agreements
By providing Rideshare Services as a Driver on the Dash Platform, you represent, warrant, and agree that:
You possess a valid driver’s license and are authorized and medically fit to operate a motor vehicle and have all appropriate licenses, approvals and authority to provide transportation to Riders in all jurisdictions in which you provide Rideshare Services.
You own, or have the legal right to operate, the vehicle you use when providing Rideshare Services; such vehicle is in good operating condition and meets the industry safety standards and all applicable statutory and state department of motor vehicle requirements for a vehicle of its kind; and any and all applicable safety recalls have been or will be remedied per manufacturer instructions.
You will not engage in reckless behavior while driving or otherwise providing Rideshare Services, drive unsafely, operate a vehicle that is unsafe to drive, permit an unauthorized third party to accompany you in the vehicle while providing Rideshare Services, provide Rideshare Services as a Driver while under the influence of alcohol or drugs, or take action that harms or threatens to harm the safety of the Dash community or third parties.
You will only provide Rideshare Services using the vehicle that has been reported to, and approved by Dash, and you will not transport more passengers than can securely be seated in such vehicle (and no more than seven (7) passengers in any instance).
You will not, while providing the Rideshare Services, operate as a public or common carrier or taxi service, accept street hails, charge for rides (except as expressly provided in this Agreement), demand that a rider pay in cash, or use a credit card reader, such as a Square Reader, to accept payment or engage in any other activity in a manner that is inconsistent with your obligations under this Agreement.
You will not attempt to defraud Dash or Riders on the Dash Platform or in connection with your provision of Rideshare Services. If we suspect that you have engaged in fraudulent activity we may withhold applicable Fares or other payments for the ride(s) in question and take any other action against you available under the law.
You will not discriminate against Riders with disabilities and agree to review Dash’s Anti-Discrimination Policies. You will make reasonable accommodations as required by law and our Service Animal Policy and Wheelchair Policy for Riders who travel with their service animals or who use wheelchairs (or other mobility devices) that can be folded for safe and secure storage in the car’s trunk or backseat.
You agree that we may obtain information about you, including your criminal and driving records, and you agree to provide any further necessary authorizations to facilitate our access to such records during the term of the Agreement.
You have a valid policy of liability insurance (in coverage amounts consistent with all applicable legal requirements) that names or schedules you for the operation of the vehicle you use to provide Rideshare Services, and you agree to provide proof of such insurance and that information regarding such insurance may be released to Dash upon Dash’s reasonable request.
You will pay all applicable federal, state and local taxes based on your provision of Rideshare Services and any payments received by you.
You will comply with Dash’s reasonable requests to provide information in connection with Rider complaints, law enforcement requests, or any other incident.
Intellectual Property
All intellectual property rights in and to the Dash Platform shall be owned by Dash absolutely and in their entirety. These rights include database rights, inventions and patentable subject-matter, patents, copyright, design rights (whether registered or unregistered), trademarks (whether registered or unregistered) and other similar rights wherever existing in the world together with the right to apply for protection of the same. All other trademarks, logos, service marks, company or product names set forth in the Dash Platform are the property of their respective owners. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information (“Submissions”) provided by you to us are non-confidential and shall become the sole property of Dash. Dash shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you. Except for the explicit license grants hereunder, nothing in this Agreement shall be construed to transfer ownership of or grant a license under any intellectual property rights.
Dash and other Dash logos, designs, graphics, icons, scripts and service names are registered trademarks, trademarks or trade dress of Dash in the United States and/or other countries (collectively, the “Dash Marks”). If you provide Rideshare Services as a Driver, Dash grants to you, during the term of this Agreement, and subject to your compliance with the terms and conditions of this Agreement, a limited, revocable, non-exclusive license to display and use the Dash Marks solely on the Dash stickers/decals, and any other Dash-branded items provided by Dash directly to you in connection with providing the Rideshare Services (“License”). The License is non-transferable and non-assignable, and you shall not grant to any third party any right, permission, license or sublicense with respect to any of the rights granted hereunder without Dash’s prior written permission, which it may withhold in its sole discretion. The Dash logo (or any Dash Marks) may not be used in any manner that is likely to cause confusion, including but not limited to: use of a Dash Mark in a domain name or Dash referral code, or use of a Dash Mark as a social media handle or name, avatar, profile photo, icon, favicon, or banner. You may identify yourself as a Driver on the Dash Platform, but may not misidentify yourself as Dash, an employee of Dash, or a representative or agent of Dash.
You acknowledge that Dash is the owner and licensor of the Dash Marks, including all goodwill associated therewith, and that your use of the Dash logo (or any Dash Marks) will confer no interest in or ownership of the Dash Marks in you but rather inures to the benefit of Dash. You agree to use the Dash logo strictly in accordance with Dash’s Brand Guidelines, as may be provided to you and revised from time to time, and to immediately cease any use that Dash determines to be nonconforming or otherwise unacceptable.
You agree that you will not: (1) create any materials that use the Dash Marks or any derivatives of the Dash Marks as a trademark, service mark, trade name or trade dress, other than as expressly approved by Dash in writing; (2) use the Dash Marks in any way that tends to impair their validity as proprietary trademarks, service marks, trade names or trade dress, or use the Dash Marks other than in accordance with the terms, conditions and restrictions herein; (3) take any other action that would jeopardize or impair Dash’s rights as owner of the Dash Marks or the legality and/or enforceability of the Dash Marks, including, challenging or opposing Dash’s ownership in the Dash Marks; (4) apply for trademark registration or renewal of trademark registration of any of the Dash Marks, any derivative of the Dash Marks, any combination of the Dash Marks and any other name, or any trademark, service mark, trade name, symbol or word which is similar to the Dash Marks; (5) use the Dash Marks on or in connection with any product, service or activity that is in violation of any law, statute, government regulation or standard.
You agree you will not rent, lease, lend, sell, or otherwise redistribute the Dash driver amp, or manufacture, produce, print, sell, distribute, purchase, or display counterfeit/inauthentic Dash driver amps or other Dash Marks or (including but not limited to signage, stickers, apparel, or decals) from any source other than directly from Dash.
Violation of any provision of this License may result in immediate termination of the License, in Dash’s sole discretion, a takedown request sent to the appropriate ISP, or social media platform, and/or a Uniform Domain-Name Dispute-Resolution Policy Proceeding (or equivalent proceeding). If you create any materials (physical or digital) bearing the Dash Marks (in violation of this Agreement or otherwise), you agree that upon their creation Dash exclusively owns all right, title and interest in and to such materials, including any modifications to the Dash Marks or derivative works based on the Dash Marks or Dash copyrights. You further agree to assign any interest or right you may have in such materials to Dash, and to provide information and execute any documents as reasonably requested by Dash to enable Dash to formalize such assignment.
Dash respects the intellectual property of others, and expects Users to do the same. If you believe, in good faith, that any materials on the Dash Platform infringe upon your copyrights, please view our Copyright Policy for information on how to make a copyright complaint.
Disclaimers
The following disclaimers are made on behalf of Dash, our affiliates, subsidiaries, parents, successors and assigns, and each of our respective officers, directors, employees, agents, and shareholders.
Dash does not provide transportation services, and Dash is not a transportation carrier. Dash is not a common carrier or public carrier. It is up to the Driver to decide whether or not to offer a ride to a Rider contacted through the Dash Platform, and it is up to the Rider to decide whether or not to accept a ride from any Driver contacted through the Dash Platform. We cannot ensure that a Driver or Rider will complete an arranged transportation service. We have no control over the quality or safety of the transportation that occurs as a result of the Rideshare Services. Any safety-related feature, process, policy, standard, or other effort undertaken by Dash is not an indication of any employment or agency relationship with any User.
The Dash Platform is provided on an “as is” basis and without any warranty or condition, express, implied or statutory. We do not guarantee and do not promise any specific results from use of the Dash Platform, Dash Services, Third-Party Services, and/or the Rideshare Services, including the ability to provide or receive Rideshare Services at any given location or time. Dash reserves the right, for example, to limit or eliminate access to the Dash Platform for Rideshare Services, Third-Party Services, and/or Dash Services in specific geographic areas and/or at specific times based on commercial viability, public health concerns, or changes in law. To the fullest extent permitted by law, we specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.
We do not warrant that your use of the Dash Platform, Dash Services, Third-Party Services, or Rideshare Services will be accurate, complete, reliable, current, secure, uninterrupted, always available, or error-free, or will meet your requirements, that any defects in the Dash Platform will be corrected, or that the Dash Platform is free of viruses or other harmful components. We disclaim liability for, and no warranty is made with respect to, connectivity, availability, accuracy, completeness, and reliability of the Dash Platform, Dash Services, Third-Party Services, or Rideshare Services, including with respect to mapping, navigation, estimated times of arrival, and routing services. You are responsible at all times for your conduct and the consequences of your conduct while using the Dash Platform.
We cannot guarantee that each Rider or Driver is who he or she claims to be. Please use common sense when using the Dash Platform, Dash Services, Third-Party Services, and Rideshare Services, including looking at the photos of the Driver or Rider you have matched with to make sure it is the same individual you see in person. Please note that there are also risks of dealing with underage persons or people acting under false pretense, and we do not accept responsibility or liability for any content, communication or other use or access of the Dash Platform by persons under the age of 18 in violation of this Agreement. We encourage you to communicate directly with each potential Driver or Rider prior to engaging in an arranged transportation service.
Dash is not responsible for the conduct, whether online or offline, of any User of the Dash Platform, Dash Services, Third-Party Services, or Rideshare Services. You are solely responsible for your interactions with other Users. We do not procure insurance for, nor are we responsible for, personal belongings left in the car by Drivers or Riders. By using the Dash Platform, Dash Services, Third-Party Services, and participating in the Rideshare Services, you agree to accept such risks and agree that Dash is not responsible for the acts or omissions of Users on the Dash Platform, Dash Services, Third-Party Services, or participating in the Rideshare Services.
You are responsible for the use of your User account and Dash expressly disclaims any liability arising from the unauthorized use of your User account.
It is possible for others to obtain information about you that you provide, publish or post to or through the Dash Platform (including any profile information you provide), send to other Users, or share during the Rideshare Services, and to use such information to harass or harm you. We are not responsible for the use of any personal information that you disclose to other Users on the Dash Platform or through the Rideshare Services, Dash Services, or Third-Party Services. Please carefully select the type of information that you post on the Dash Platform or through the Rideshare Services, Dash Services, or Third-Party Services or release to others. We disclaim all liability, regardless of the form of action, for the acts or omissions of other Users (including unauthorized users, or “hackers”).
Opinions, advice, statements, offers, or other information or content concerning Dash or made available through the Dash Platform, but not directly by us, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. Under no circumstances will we be responsible for any loss or damage resulting from your reliance on information or other content posted by third parties, whether on the Dash Platform or otherwise. We reserve the right, but we have no obligation, to monitor the materials posted on the Dash Platform and remove any such material that in our sole opinion violates, or is alleged to violate, the law or this agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Users or others.
Location data provided by the Dash Platform is for basic location purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate or incomplete location data may lead to death, personal injury, property or environmental damage. Neither Dash, nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of location data tracked or displayed by the Dash Platform. Any of your Information, including geolocational data, you upload, provide, or post on the Dash Platform may be accessible to Dash and certain Users of the Dash Platform.
Dash advises you to use the Dash Platform with a data plan with unlimited or very high data usage limits, and Dash shall not be responsible or liable for any fees, costs, or overage charges associated with any data plan you use to access the Dash Platform.
This paragraph applies to any version of the Dash Platform that you acquire from the Apple App Store. This Agreement is entered into between you and Dash. Apple, Inc. (“Apple”) is not a party to this Agreement and shall have no obligations with respect to the Dash Platform. Dash, not Apple, is solely responsible for the Dash Platform and the content thereof as set forth hereunder. However, Apple and Apple’s subsidiaries are third-party beneficiaries of this Agreement. Upon your acceptance of this Agreement, Apple shall have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary thereof. This Agreement incorporates by reference Apple’s Licensed Application End User License Agreement, for purposes of which, you are “the end-user.” In the event of a conflict in the terms of the Licensed Application End User License Agreement and this Agreement, the terms of this Agreement shall control.
As a Driver, you may be able to use "Dash Nav built by Google" while providing Rideshare Services on the Dash Platform. Riders and Drivers may also use Google Maps while using the Dash Platform. In either case, you agree that Google may collect your location data when the Dash Platform is running in order to provide and improve Google's services, that such data may also be shared with Dash in order to improve its operations, and that Google's terms and privacy policy will apply to this usage.
Dash shall not be in breach of this Agreement nor liable for failure or delay in performing obligations under this Agreement if such failure or delay results from events, circumstances or causes beyond its reasonable control including (without limitation) natural disasters or acts of God; labor disputes or stoppages; war; government action; epidemic or pandemic; chemical or biological contamination; strikes; riots; acts of domestic or international terrorism; quarantines; national or regional emergencies; or any other cause, whether similar in kind to the foregoing or otherwise, beyond the party’s reasonable control. All service dates under this Agreement affected by force majeure shall be tolled for the duration of such force majeure. The parties hereby agree, when feasible, not to cancel but reschedule the pertinent obligations as soon as practicable after the force majeure condition ceases to exist.
State and Local Disclosures
Certain jurisdictions require additional disclosures to you, such as requirements for drivers, earnings information, and where you can access Dash’s certificates of insurance. You can view any disclosures required by your local jurisdiction at www.godash.au/terms/disclosures. By accepting this Agreement, you acknowledge that Dash has provided these disclosures to you and that you have read them. Please check regularly for updates.
Indemnity
You will indemnify and hold harmless and, at Dash’s election, defend Dash including our affiliates, subsidiaries, parents, successors and assigns, and each of our respective officers, directors, employees, agents, or shareholders (collectively, the “Indemnified Parties”) from and against any claims, actions, suits, losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of the Dash Platform, Dash Services, Third-Party Services, and participation in the Rideshare Services, including: (1) your breach of this Agreement or the documents it incorporates by reference; (2) your violation of any law or the rights of a third party, including, Drivers, Riders, other motorists, and pedestrians, as a result of your own interaction with such third party; (3) any allegation that any materials or Information that you submit to us or transmit through the Dash Platform or to us infringes, misappropriates, or otherwise violates the copyright, trademark, trade secret or other intellectual property or other rights of any third party; (4) your ownership, use or operation of a motor vehicle or passenger vehicle, including your provision of Rideshare Services as a Driver; and/or (5) any other activities in connection with the Dash Platform, Dash Services, Third-Party Services, or Rideshare Services. This indemnity shall be applicable without regard to the negligence of any party, including any indemnified person. You will not, without Dash’s prior written consent, agree to any settlement on behalf of any Indemnified Party which includes either the obligation to pay any monetary amounts, or any admissions of liability, whether civil or criminal, on the part of any Indemnified Party.
Limitation of Liability
IN NO EVENT WILL DASH, INCLUDING OUR AFFILIATES, SUBSIDIARIES, PARENTS, SUCCESSORS AND ASSIGNS, AND EACH OF OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SHAREHOLDERS (COLLECTIVELY “DASH” FOR PURPOSES OF THIS SECTION), BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING DAMAGES FOR DELETION, CORRUPTION, LOSS OF DATA, LOSS OF PROGRAMS, FAILURE TO STORE ANY INFORMATION OR OTHER CONTENT MAINTAINED OR TRANSMITTED BY THE DASH PLATFORM, SERVICE INTERRUPTIONS, OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES) ARISING OUT OF OR IN CONNECTION WITH THE DASH PLATFORM, DASH SERVICES, THE RIDESHARE SERVICES, OR THIS AGREEMENT, HOWEVER ARISING INCLUDING NEGLIGENCE, EVEN IF WE OR OUR AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE DASH PLATFORM MAY BE USED BY YOU TO REQUEST AND SCHEDULE TRANSPORTATION, GOODS, OR THIRD-PARTY SERVICES WITH THIRD-PARTY PROVIDERS, BUT YOU AGREE THAT DASH HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY TRANSPORTATION, GOODS, OR THIRD-PARTY SERVICES SET FORTH IN THIS AGREEMENT. FOR CLARITY AND WITHOUT LIMITING THE FOREGOING, DASH HAS NO RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR RELIANCE ON TRANSPORTATION, GOODS, OR THIRD-PARTY SERVICES SET FORTH IN THIS AGREEMENT OR ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD-PARTY PROVIDER. CERTAIN JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
Term and Termination
This Agreement is effective upon your acceptance of this Agreement. This Agreement may be terminated: (a) by User, without cause, upon seven (7) days’ prior written notice to Dash; or (b) by either Party immediately, without notice, upon the other Party’s material breach of this Agreement, including but not limited to any breach of Section 9 or breach of Section 10(a)-(i) of this Agreement. In addition, Dash may terminate this Agreement or deactivate your User account immediately in the event: (1) you are no longer eligible to qualify as a User; (2) you no longer qualify to provide Rideshare Services or to operate the approved vehicle under applicable law, rule, permit, ordinance or regulation; (3) you fall below Dash’s star rating or cancellation threshold; or (4) Dash has the good faith belief that such action is necessary to protect the safety of the Dash community or third parties, provided that in the event of a deactivation pursuant to (1)-(4) above, you will be given notice of the potential or actual deactivation and an opportunity to attempt to cure the issue to Dash’s reasonable satisfaction prior to Dash permanently terminating the Agreement. For all other breaches of this Agreement, you will be provided notice and an opportunity to cure the breach. If the breach is cured in a timely manner and to Dash’s satisfaction, this Agreement will not be permanently terminated. Sections 2, 6, 7 (with respect to the license), 11-12, 14-19, and 21 shall survive any termination or expiration of this Agreement.
Dispute Resolution and Arbitration Agreement
(a) Agreement to Binding Arbitration Between You and Dash.
YOU AND Dash MUTUALLY AGREE TO WAIVE OUR RESPECTIVE RIGHTS TO RESOLUTION OF DISPUTES IN A COURT OF LAW BY A JUDGE OR JURY AND AGREE TO RESOLVE ANY DISPUTE BY ARBITRATION, as set forth below. This agreement to arbitrate (“Arbitration Agreement”) is governed by the Federal Arbitration Act (“FAA”); but if the FAA is inapplicable for any reason, then this Arbitration Agreement is governed by the laws of the State of Delaware, including Del. Code tit. 10, § 5701 et seq., without regard to choice of law principles. This Arbitration Agreement survives after the Agreement terminates or your relationship with Dash ends. ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED. Except as expressly provided below, this Arbitration Agreement applies to all Claims (defined below) between you and Dash, including our affiliates, subsidiaries, parents, successors and assigns, and each of our respective officers, directors, employees, agents, or shareholders. This Arbitration Agreement also applies to claims between you and Dash’s service providers, including but not limited to background check providers and payment processors; and such service providers shall be considered intended third-party beneficiaries of this Arbitration Agreement.
Except as expressly provided below, ALL DISPUTES AND CLAIMS BETWEEN US (EACH A “CLAIM” AND COLLECTIVELY, “CLAIMS”) SHALL BE EXCLUSIVELY RESOLVED BY BINDING ARBITRATION SOLELY BETWEEN YOU AND Dash. These Claims include, but are not limited to, any dispute, claim or controversy, whether based on past, present, or future events, arising out of or relating to: this Agreement and prior versions thereof (including the breach, termination, enforcement, interpretation or validity thereof), the Dash Platform, the Rideshare Services, the Dash Services, Dash promotions, gift card, referrals or loyalty programs, the Dash Tablet, any other goods or services made available through the Dash Platform by Dash or a third-party provider, your relationship with Dash, the threatened or actual suspension, deactivation or termination of your User Account or this Agreement, background checks performed by or on Dash’s behalf, payments made by you or any payments made or allegedly owed to you, any promotions or offers made by Dash, any city, county, state or federal wage-hour law, trade secrets, unfair competition, compensation, breaks and rest periods, expense reimbursement, wrongful termination, discrimination, harassment, retaliation, fraud, defamation, emotional distress, breach of any express or implied contract or covenant, claims arising under federal or state consumer protection laws; claims arising under antitrust laws, claims arising under the Telephone Consumer Protection Act and Fair Credit Reporting Act; and claims arising under the Uniform Trade Secrets Act, Civil Rights Act of 1964, Americans With Disabilities Act, Age Discrimination in Employment Act, Older Workers Benefit Protection Act, Family Medical Leave Act, Fair Labor Standards Act, Employee Retirement Income Security Act of 1974 (except for individual claims for employee benefits under any benefit plan sponsored by Dash and covered by the Employee Retirement Income Security Act of 1974 or funded by insurance), and state statutes, if any, addressing the same or similar subject matters, and all other federal and state statutory and common law claims. All disputes concerning the arbitrability of a Claim (including disputes about the scope, applicability, enforceability, revocability or validity of the Arbitration Agreement) shall be decided by the arbitrator, except as expressly provided below.
BY AGREEING TO ARBITRATION, YOU UNDERSTAND THAT YOU AND Dash ARE WAIVING THE RIGHT TO SUE IN COURT OR HAVE A JURY TRIAL FOR ALL CLAIMS, EXCEPT AS EXPRESSLY OTHERWISE PROVIDED IN THIS ARBITRATION AGREEMENT. This Arbitration Agreement is intended to require arbitration of every claim or dispute that can lawfully be arbitrated, except for those claims and disputes which by the terms of this Arbitration Agreement are expressly excluded from the requirement to arbitrate.
(b) Prohibition of Class Actions and Non-Individualized Relief.
YOU UNDERSTAND AND AGREE THAT YOU AND Dash MAY EACH BRING CLAIMS IN ARBITRATION AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT ON A CLASS, COLLECTIVE ACTION, OR REPRESENTATIVE BASIS (“CLASS ACTION WAIVER”). YOU UNDERSTAND AND AGREE THAT YOU AND Dash BOTH ARE WAIVING THE RIGHT TO PURSUE OR HAVE A DISPUTE RESOLVED AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE OR REPRESENTATIVE PROCEEDING. NOTWITHSTANDING THE FOREGOING, THIS SUBSECTION (B) SHALL NOT APPLY TO REPRESENTATIVE PRIVATE ATTORNEYS GENERAL ACT CLAIMS BROUGHT AGAINST Dash, WHICH ARE ADDRESSED SEPARATELY IN SECTION 17(C).
The arbitrator shall have no authority to consider or resolve any Claim or issue any relief on any basis other than an individual basis. The arbitrator shall have no authority to consider or resolve any Claim or issue any relief on a class, collective, or representative basis. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claims.
Notwithstanding any other provision of this Agreement, the Arbitration Agreement or the AAA Rules, disputes regarding the interpretation, applicability, or enforceability of the Class Action Waiver may be resolved only by a court and not by an arbitrator. In any case in which: (1) the dispute is filed as a class, collective, or representative action and (2) there is a final judicial determination that the Class Action Waiver is unenforceable with respect to any Claim or any particular remedy for a Claim (such as a request for public injunctive relief), then that Claim or particular remedy (and only that Claim or particular remedy) shall be severed from any remaining claims and/or remedies and may be brought in a court of competent jurisdiction, but the Class Action Waiver shall be enforced in arbitration on an individual basis as to all other Claims or remedies to the fullest extent possible.