Sumn
Terms and Conditions
Sumn, Inc., 701 Brazos St, Suite 500 Austin, TX 78701 (“Sumn”) operates a self-drive car- sharing / multi-user car-sharing system hereinafter referred to as the “Sumn”. Specifically, Sumn rents vehicles to registered users within a specific and demarcated geographical zone determined at Sumn's discretion (hereinafter identified as the “Service Zone”), subject to the conditions set forth below. ‘User’ in these terms and conditions, means you are a user of Sumn. Users can only be natural persons unless they are expressly registered as a company (legal entity) with Sumn.
Subject matter of
these terms and conditions of use
These Terms and Conditions apply to the use of Sumn, by Users via a web browser and apps, and the use by Users of their Sumn Account and Sumn username in order to rent vehicles from Sumn.
B. Sumn account with Sumn username
B.1 Registering a Sumn Account
B.1.1
A Sumn Carsharing account is
registered when the User completes the online registration form, accepts these
Terms and Conditions of Use, Sumn makes
a determination (at its sole discretion) of account eligibility, and Sumn sends the User confirmation that his/her registration
has been successful.
On successful registration, Sumn
will provide the User with an account (“Sumn
Account”) which has a User name (“Sumn
User Name”), (see Clause B.2), generally associated with their e-mail address.
B.2 Sumn Account and Sumn Username
B.2.1
The User is required to give full and accurate information regarding his/her name, address, e-mail address, credit/debit card details, and other required data for his/her Sumn Account. Sumn reserves the right to refuse to open a Sumn Account for a User, particularly if there is legitimate reason to believe that the User will not comply with the terms of these Terms and Conditions of Use.
B.2.2
Users will keep their login information (Sumn Username, Sumn password,) confidential and not provide third parties with access to Sumn via their login information or otherwise allow them to use their login information. User will be held accountable for any use of Sumn by means of their login information as well as any other use of their login information.
B.2.3
Users must always keep their Sumn Account data up to date. This includes, but is not limited to, their name, address, e-mail address, mobile phone number and relevant payment information.
B.2.4
Sumn can block the User’s Sumn Account and Sumn Username if) a) if the User has entered incorrect information; b) if communication via contact information in the User’s Sumn Account was unsuccessful (e.g., e-mail address or mobile number is outdated); c) if the User breaches these Terms and Conditions of Use, unless the breach is minor, or was due to reasons outside the User’s control; d) if there is legitimate reason to believe that the User will not comply with these Terms and Conditions of Use or e) if the User fails to pay any fees associated with the use of the Sumn services.
B.2.5
A User can cancel his/her Sumn Account at any time on written notice to Sumn via e-mail to support@Sumn.com. Sumn can cancel the Sumn Account without cause at any time by giving one week’s written notice to the User and shall have the right to terminate for cause immediately.
B.2.6
1) Sumn shall have the right (but not an obligation) at any time to require an applicant or a user to provide appropriate information about such person’s driving record both on application and at any time during the account’s existence.
2) At all times Users shall have a valid U.S. driver’s license and must self-report any suspension, revocation, or expiration of such license. The suspension, revocation or expiration of such
driver’s license shall be grounds for Sumn to terminate for cause immediately.
3) A person may use their foreign driver’s license as part of registration process but are required to also provide documentation of their past 2-years of driving history from their country of origin.
4) Only approved Members may use the vehicle. If another person associated with the Member wishes to use the vehicle, they must register to become a member.
B.2.7
1) In the case of an accident or traffic violation, Users shall comply with all required notifications to the police or other authorities and shall furnish Sumn with all relevant information with respect thereto.
2) In the event the accident is not reported, the accident statement is not filed, or accident is caused by violating the Ts&Cs the User shall be required to pay any surcharge from this situation.
3) 4 or more moving violations will lead to your account being suspended for 1 years’ time.6)In the case of an accident, your account will be suspended until a formal review of responsible party is determined. If you would like to continue to use our services during the period of investigation you may choose to pay the $500 deductible which will be refunded if you are determined not at fault.
B.2.8
1)User shall be solely responsible for all costs or liabilities incurred by the unauthorized use of the vehicle by anyone other than the User.
2)The vehicle shall not be used in carrying persons for hire, for racing or use off normal streetsand highways.
3)The vehicle shall not be used for the purposes of operating with a third-party delivery service.
B.2.9
Sumn will retain a user’s driver’s
license information as may be required to assure User complies with the
provisions of this agreement. User consents to Sumn's
retention of such information and gives Sumn
permission to contact User via email, text message, or telephone about the
information related to a user’s driving license.
B.3 Usership access and use
B.3.1 Account Management
Users will access their rental vehicle via the Sumn app. Users may not give, lend, or transfer their Sumn app and/or credentials to any third party nor may any
such third-party benefit from User’s usership or Sumn
app. Failure to comply with this condition is grounds for immediate termination
for cause and will void any applicable insurance coverage. User will also be
subject to liability for any damages that stem from the unauthorized use of a Sumn vehicle, irrespective of whether User is a passenger
or whether the User is even in the Sumn vehicle at
the time of the breach.
B.3.2 Payment and billing
1. All charges incurred in connection with the rental of the vehicle are the responsibility of the User, including traffic and parking violations, tolls, tows, damage deductibles and associated processing charges. All such charges will be billed to User’s credit card on file upon completion of a trip.
2. Sumn shall have the right without User’s consent to itself challenge, or settle any such violations, tolls, and charges. Alternatively, Sumn may require User to challenge or settle any such violations and User will fully indemnify Sumn with respect thereto.
3. User will be responsible for payment of a deductible of $1,000 for any damages that incur which result in damages in excess of the deductible amount.
4. Sumn Carsharing rates are based on usage and are subject to change at the discretion of Sumn Carsharing.
5. Calculation of the pricing is done by rounding up to the nearest minute to determine the final rate at the end of each trip.
6. All trips are subject to an authorization charge of $50 after each 24 hours of continuous usage.
7. Any outstanding balances past 21 days old is subject to
collection efforts and fees related to these efforts.
B.4 Collecting information about you
B.4.1 By using our services, you authorize us, directly or through third parties, to:
1. Make any inquiries we consider necessary to validate your identity and to collect information about you. This
may include asking you for further information that will allow us to reasonably identify you, requiring you to
take steps to confirm ownership of your email address or mobile phone, or verifying your information against
third party databases or through other sources. We may also ask you for identifying documents to help us
validate your identity.
2. Obtain consumer credit reports from consumer reporting agencies about you when you apply for a rental.
You expressly authorize us to use the information that we obtain from such reports to provide you with
service you may request, make decisions related to the servicing, and perform other statistical analysis.
3. Collect background check information for drivers. A background check report is a type of check in which
information (which may include, but is not limited to, criminal background, driving reports/background,
character, general reputation, personal characteristics, and mode of living) about a renter is gathered and
communicated by a consumer reporting agency to us. We may use this for the purpose of evaluating renters
in connection with their application or continued eligibility on our platform.
C. Use of Service and Vehicle Hire
C.1 Reserve and start trip
1. Only the Sumn vehicles shown in the app may be used. The reservation must be made using the Sumn app. The booking duration and its price will be specified in the Pricing policy.
2. Sumn may deny the reservation in the event that the vehicle selected is not available or
where the User makes unreasonable use of the reservations system. Unreasonable
use of the reservations system includes making repeated reservation requests
for available vehicles which do not result in an actual rental being made.
Sumn reserves the right to
de-register any Users making unreasonable use of the system. In specific cases,
there may be a discrepancy between the location shown and the real location as
a result of inaccuracies in the GPS signal, and Sumn
assumes no responsibility in this situation.
3. Individual hire starts when the vehicle is accessed using
the app and ends when the User has successfully concluded the vehicle hire in
accordance with the provisions of these Terms and Conditions. Once the trip has
started, Users do not have the right to withdraw (even in part) from an
individual hire, and as such the duration of the vehicle hire shall always be
the time elapsing between access to the vehicle and the conclusion of the
vehicle hire.
C.2.1 Parking and end of trip
1. To park and/or end the trip the user shall use the
application. Only if there is an issue preventing the ability to park and/or
end the trip shall the member call customer support.
2. If a vehicle is left unsecure, member will be fully
responsible for any damaged to the vehicle until Sumn
is able to secure the vehicle.
3. If the ending of the trip is due to an accident, User
shall, in addition take all necessary steps to capture evidence and mitigate
the losses in coordination with Sumn and participate
in the procedures for the vehicle to be handed over to a company providing
tow-truck services, or for it to be deposited securely in coordination with Sumn. Where necessary, Users may request the presence of
the Police if the other party refuses to fulfil the accident statement.
4. If the ending of the trip is not due to an accident, the
vehicle shall be parked within the Service Zone specified by the app.
5. The vehicle shall be parked properly in accordance with all applicable parking regulations on the public road and in compliance with the following:
A. Where parking is banned on certain days or at certain times, the vehicle hire must not be parked in this restricted area.
B. No vehicle shall be parked on private or commercial property (such as car parks, courtyards, etc.) or any other area fenced or provided with a barrier, even if it is always open. This ban shall also apply to the car parks of shopping centers, supermarkets, restaurants, universities, etc. and to any non-paved area.
C. Trips cannot be completed if there are any parking restrictions coming up within 48 hours: including street sweeping and all other time-of-day based restrictions will be charged for any tickets.
D. Vehicles cannot be parked in any metered space with less than a 2 hour limit.
E. No vehicle shall be parked in a rush hour lane at any time.
C.2.2
The vehicle-hire process is formally terminated using the Sumn app and pressing the button ‘END TRIP’. If the User
leaves the Sumn vehicle without having concluded the
vehicle-hire process, the hire shall continue at the User’s expense. It is
prohibited to stay inside the vehicle once the trip has been terminated unless
authorized by the customer service team. In case of non-compliance, Sumn can charge the user for the time spent between the
termination of the trip and the moment User gets out of the vehicle.
If the vehicle-hire cannot be concluded for whatever reason,
the User shall inform Sumn of this without delay and
shall remain with the vehicle until the User support service has taken a
decision as to what to do in this circumstance. Any additional vehicle-hire
costs will be refunded by Sumn once it has been
verified that the User has properly ended the hire. The termination of the trip
in specific areas of the Service Zone (such as airports) could lead to
additional charges that will be specified in the Pricing Policy. Breach of any
of the conditions indicated above may result in a penalty.
C.3 Pricing Policy
All prices and tariffs are available in the Sumn application. Unless otherwise stated, the prices are exclusive of applicable sales and rental car taxes.
C.4.
Dynamic pricing
refers to the ability to increase or decrease pricing rates based on conditions
determined by Sumn. These conditions may be applied
at the discretion of the service.
D. Joint provisions
D.1
Availability and guarantee Users have no entitlement to
availability, quality, service characteristics or technical support for Sumn or the Sumn Username. Sumn reserves the right to restructure, limit or terminate Sumn and the Sumn User Name at any time as it chooses without prejudice to
existing Mobility Services Agreement or other existing agreements between Users
and Sumn.
D.2 Limitation of liability
Sumn will only be liable for
damage caused due to intentional acts or gross negligence by Sumn. In cases of simple negligence, Sumn
will be liable only for breaches of material contractual duties and only for
foreseeable, typical damage. Material contractual duties are those that
necessarily have to be fulfilled for the contract to
be properly performed and upon the fulfillment of which Users must be able to
rely. Sumn will not be liable for the accuracy of
data pertaining to mobility services provided by third parties. Under no
circumstances will Sumn be liable for consequential
or punitive damages. The user agrees that there is inherent risk arising in
driving a car and that, to the fullest extent permitted by law, such risk
remains with the User. Sumn will not be liable for
any lost or stolen items left in our vehicles.
D.3 Arbitration
User agrees that Sumn's services
involve interstate commerce and that the Federal Arbitration Act governs the
interpretation and enforcement of this arbitration provision.
To the extent permitted under applicable law, User and Sumn each agree that any and all
disputes that have arisen or may arise between User and Sumn
shall be resolved exclusively through final and binding arbitration, rather
than in court, except that User may assert claims in small claims court, if
User’s claims qualify. Arbitration shall be conducted by a single arbitrator
under the Consumer Arbitration Rules of American Arbitration Association
(“AAA”). The arbitrator shall be an attorney or retired judge and shall be
selected in accordance with the AAA rules. The arbitration shall be held in the
District of Columbia or at another mutually agreed location. Attendance at an
in-person hearing may be made by telephone by User and/or Sumn
unless the arbitrator requires otherwise.
The arbitrator will decide the substance of all claims in
accordance with the laws of the District of Columbia (without giving effect to
the conflict of laws thereof), including recognized principles of equity, and
will honor all claims of privilege recognized by law. Each party will bear its
own legal fees and expenses. 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.
D.4 Amendments to these Terms and Conditions of Use
Sumn reserves the right to make
amendments to these Terms and Conditions of Use, including to reflect modified
content of Sumn. Any such amendment will not affect a
vehicle rental which has already begun. Amendments will be communicated to
existing Users in text form via e- mail and will take effect one week after
such notice. Notices to prospective Users will be published on Sumn's website and will take effect immediately.
D.5 Other provisions
These Terms and Conditions shall be governed by the Laws of
the District of Columbia without giving effect to the conflict of laws thereof.
These Terms and Conditions of Use represent the full agreement between Sumn and the User for the subject of the agreement. If one
or more provisions of these Terms and Conditions of Use are determined to be
invalid, this will not affect the validity of the remaining provisions.
Nothing in these Terms and Conditions will affect any
warranties which cannot be excluded or limited under applicable law.
D. Privacy Policy
Your privacy matters to us. You can learn how we manage your
information when you use our services by reviewing our privacy policy.
E. Fees & Fines
Fees/Fines |
Definition |
Associated Costs |
Registration fee |
Cost associated with registering an account |
FREE |
Unsecured vehicle |
Windows left down, door or rear hatch not closed, vehicle left unlocked |
Up to $500 |
Recovery from parking garage or paid lot |
Vehicle abandoned in parking garage or paid lot |
Parking garage/lot fee + $50 pickup fee |
Excessive pet hair |
Pet not in carrier causing excessive hair |
Up to $300 |
Excessive cleaning |
Excessively dirty vehicle |
Up to $300 |
Smoking |
Smoke from any substance detected in vehicle |
Up to $300 |
Towing |
Actual cost of tow |
Cost of tow + $50 processing fee |
Toll & Processing |
Fees related to tolls |
Toll cost |
Unauthorized vehicle parking |
Illegal or otherwise unauthorized parking that requires relocation |
$50 + ticket fee (if there is one) and vehicle is not towed |
Loss of revenue |
Vehicle out of service due to customer negligence |
Actual cost each occurrence |
Damage to vehicle insurance deductible |
Customer responsibility in the event of an accident |
$1,000 for reach occurrence |
Processing for tickets/violations |
At fault ticket cost plus processing fee |
$25 + ticket |
Reprocessing declined payment |
Fee associated with declined credit/debit card + actual balance owed |
$25 processing fee |
Drained 12V Battery |
Leaving vehicle headlights on, interior lights on, etc. |
$50 + cost of repair |
Vehicle out of charge |
Fee associated with vehicle with no charge and needs to |
Actual cost of tow + $50 processing fee |
Abandoned vehicle outside home area |
Fee associated with vehicle outside home area |
$50 + $0.45 per mile |
Tire damage |
Fee associated to tire damage |
Up to $500 |
Windshield damage |
Over 500 miles/per trip |
Actual cost of tow + $50 processing fee |
Excessive mileage |
Fee associated with vehicle with no charge and needs to |
$0.45 per mile overage |
Recharging |
User can supercharge the vehicle up to $25. User must save the receipt, and send it to support@sumn.io. Sumn will provide a credit of 125% of the amount on the receipt towards a future trip. Any charge beyond the additional $15 has to be paid by the user. |
Credit – 125% of up to $15 (max credit amount of $18.75) |