Last Updated: July 21, 2022
These Terms of Service (“Agreement”) are a legally binding agreement between you and Argo AI, LLC, and its parents, subsidiaries, representatives, affiliates, officers, and directors (“Argo”), governing your use of the autonomous vehicle ride-hailing services provided by Argo (“Services”), including but not limited to the Argo Ride application (“App”). By using the Services, you expressly acknowledge that you understand and agree to be bound by this Agreement. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MAY NOT USE THE SERVICES.
The Services are currently in an experimental phase and are available only to registered account holders and their guests. Argo may, in its sole discretion, determine who is eligible to use the Services, and deny, restrict, or terminate your use of the Services at any time. Argo may, in its sole discretion, require you to agree to additional terms as a condition of using the Services, including but not limited to non-disclosure agreements.
YOU AGREE THAT YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK AND YOU ASSUME FULL RESPONSIBILITY FOR ALL RISKS TO THE MAXIMUM EXTENT ALLOWED BY LAW. YOU ACKNOWLEDGE THAT THE SERVICES UTILIZE EMERGING AUTONOMOUS VEHICLE TECHNOLOGIES AND YOUR USE OF THE SERVICES ENTAILS INHERENT RISKS, INCLUDING THE RISK OF SERIOUS PERSONAL INJURY OR DEATH.
IN CONSIDERATION FOR ARGO OFFERING THE SERVICES TO YOU, YOU HEREBY RELEASE, WAIVE, DISCHARGE, HOLD HARMLESS, AND INDEMNIFY ARGO FROM ANY AND ALL LIABILITY ON BEHALF OF YOURSELF, AND YOUR REPRESENTATIVES, SPOUSES, HEIRS, AND GUESTS, ARISING FROM OR RELATING TO YOUR USE OF THE SERVICES, REGARDLESS OF ANY NEGLIGENCE ON ARGO’S PART.
YOU SPECIFICALLY AGREE THAT ARGO SHALL NOT BE LIABLE FOR ANY DAMAGES FOR PERSONAL INJURY, WRONGFUL DEATH, PROPERTY DAMAGE, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS AND LOST DATA, ARISING FROM OR RELATING TO YOUR USE OF THE SERVICES, WHETHER KNOWN OR UNKNOWN, WHETHER FORESEEN OR UNFORESEEN, REGARDLESS OF THE NEGLIGENCE OF ARGO, AND REGARDLESS OF THE FORM OF THE ACTION.
YOU FURTHER AGREE THAT YOU SHALL INDEMNIFY ARGO AGAINST ANY AND ALL CLAIMS BROUGHT BY THIRD PARTIES ARISING OUT OF OR RELATING TO YOUR USE OF THE SERVICES, INCLUDING BUT NOT LIMITED TO LOSS OF CONSORTIUM CLAIMS AND CLAIMS BROUGHT BY YOUR GUESTS.
Argo is providing the Services on an “as is” basis without warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.
Argo does not guarantee that you will arrive at your intended destination at your intended time, or at all, or any other particular results from the Services. You agree to assume all risks that the Services could become inoperable or fail to complete your trip. You agree not to use the Services for essential or emergency transportation.
Argo is not a common carrier. Argo reserves the right to determine who may use the Services and under what conditions, in its sole discretion. Argo reserves the right to limit or eliminate the Services in specific geographic areas, times, or other conditions, in its sole discretion.
Argo is not responsible for the acts or omissions of any third party, including but not limited to your guests.
Argo is not responsible for personal belongings you leave in an Argo vehicle.
Argo is not responsible for ensuring connectivity with your personal device. You are responsible for obtaining the data network access necessary to use the Services, and for acquiring and updating the devices necessary to use the Services.
To use the Services, you must register for and maintain an active account with Argo on the App (“Account”). You must be 18 years of age or older to register for an Account. Argo may refuse or revoke registration of any Account in its sole discretion.
You may not allow other persons to use your Account and you are responsible for all activity that occurs under your Account. You are solely responsible for maintaining the security of your Account and your Account credentials at all times. If you believe that your Account has been hacked, used without your authorization, or otherwise compromised, you must inform Argo at the earliest practicable time. Argo may, in its sole discretion, freeze or delete Accounts that it believes may have been compromised.
You may not bring guests with you into an Argo vehicle without Argo’s permission. Argo may, in its sole discretion, allow you to bring guests with you during your ride, subject to any additional terms and conditions that Argo may establish. If you bring guests with you during your ride, you must also be present during the entirety of any ride requested from your Account. You may not allow guests to access your Account. You are solely responsible for the safety of any guest that accompanies you, including using any child seat or other applicable safety device. You are responsible for any acts or omissions of your guests.
You are solely responsible for your acts and omissions while using the Services. You must comply with all applicable laws and Argo’s instructions while using the Services. Further, you agree that, while using the Services, you will not:
Argo may permit you to submit feedback or other content to Argo. Do not submit confidential information in any form to Argo. For any feedback and content you do submit, regardless of what your communication regarding your submissions says, you understand that your submissions are voluntary and the following terms shall apply to your submissions: (a) your submissions and their contents will automatically become the property of Argo, without any compensation to you; (b) Argo has no obligation to review your submissions; (c) Argo may implement and distribute any portion of your submissions and their contents for any purpose in any way, without any compensation to you; and (d) Argo has no obligation to keep your submissions confidential.
The Services and all rights therein are and shall remain Argo’s property or the property of Argo’s licensors. This Agreement does not convey or grant to you any rights in or related to the Services, except that Argo grants you a limited, non-exclusive, non-sublicensable, revocable, and non-transferable license to use the App on your personal device solely in connection with your use of the Services.
You agree that Argo may contact you by email, telephone, or text message (including by an automatic telephone dialing system or with an artificial or pre-recorded voice) at any of the email addresses or phone numbers provided by you or on your behalf in connection with an Account, including for both promotional purposes, and for transactional and operational purposes. You may opt out of receiving promotional emails, calls, and text messages from Argo at any time.
This Agreement and your use of the Services will be governed by, and construed and enforced in accordance with, the laws of the Commonwealth of Pennsylvania, without regard to conflict of law rules or principles of Pennsylvania or any other jurisdiction. Any dispute between the parties shall be resolved in the state or federal courts sitting in Allegheny County, Pennsylvania. You and Argo both submit to the personal jurisdiction of the state and federal courts sitting in Allegheny County, Pennsylvania for all claims arising out of or relating to this Agreement or your use of the Services.
Argo may make changes to this Agreement in its sole discretion. If Argo makes changes, Argo will provide you with notice of such changes, such as by sending an email or providing a notice through the App. Unless Argo states otherwise in its notice, the amended Agreement will be effective immediately and your continued use of the Services after Argo provides such notice will confirm your acceptance of the changes. If you do not agree to the amended Agreement, you must stop using the Services.
You may not assign this Agreement without Argo’s prior written approval. Argo may assign this Agreement without your consent to: (a) a subsidiary or affiliate; (b) an acquirer of all or substantially all of Argo’s ownership interests, business, or assets; or (c) a successor by merger or other change in control transaction. Any purported assignment by you in violation of this section shall be void.
No joint venture, partnership, employment, or agency relationship exists between you, Argo, or any third party as a result of this Agreement or your use of the Services.
If any term of this Agreement is determined to be void or unenforceable, that provision will be removed from this Agreement but the remaining provisions will still apply.
Argo’s failure to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Argo in writing.
Should you have any questions regarding this Agreement, please contact Argo at firstname.lastname@example.org. Should you have any questions regarding the Services, please contact Argo at email@example.com.
This section applies only if you acquired the App from the Apple App Store. You acknowledge and agree that this Agreement is between you and Argo and not with Apple, and that Argo is responsible for the provision of the Services described in this Agreement. However, Apple and its subsidiaries are third-party beneficiaries of this Agreement. Upon your acceptance of this Agreement, Apple shall have the right and shall 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 will control.