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.

 

B2.1A

To register for a Sumn account User understands that Sumn will access a Motor Vehicle Report, or MVR, from Checkr, Inc.. The MVR provides a users’ driving record and history as reported from a state Department of Motor Vehicles or similar government entity which issues driver licenses. Sumn reserves the right to recheck a user’s MVR at any time while they have a Sumn account.

 

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.

 

 

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)