Baycran's Terms & Conditions

Welcome to Baycran! These terms of service constitute a legally binding agreement (this “Agreement”) between you (“you”, “your” or “yours”) and Baycran, Inc. and its subsidiaries and affiliates (“Baycran,” “we,” “us” or “our”) regarding your use of the Baycran applications, websites, and/or technology platform (collectively, the “Baycran Platform”) and our Services (as defined below). Please carefully read this Agreement before accessing or using the Baycran Platform or our Services.

I. The Baycran Platform.

We utilize the Baycran Platform as a marketplace to offer transportation services to Baycran Customers and/or their authorized guests who require transportation or delivery by utilizing Baycran’s dedicated fleet of vehicles and our contractor-drivers (“Drivers”).
To become a Baycran Customer, an individual must create a Baycran Customer profile and accept this Agreement in addition to our Privacy Policy.
Each individual may create only one Baycran Customer profile, and Baycran reserves the right to deactivate any additional profiles. As a Baycran Customer, you authorize Baycran to match your trip request with a Driver based on factors such as your location, pickup location, estimated time for a Baycran Driver to reach the pickup, your destination, user preferences, Baycran Platform efficiency, and, if necessary or desirable, to cancel an existing match and rematch based on the same considerations. For the purposes of this Agreement, the services provided by Baycran to Baycran Customers and/or their guests through the Baycran Platform (including transportation services), as well as any other services provided by Baycran to Baycran Customers and/or their guests, shall collectively be referred to as the “Services”. Any decision by a Baycran Customer to accept Services is made at the sole discretion of the Baycran Customer.
FOR SECURITY PURPOSES, ALL DRIVERS, BAYCRAN CUSTOMERS, AND OTHER PERSONS WITHIN BAYCRAN VEHICLES (INCLUDING MINORS) ARE VIDEO RECORDED AT ALL TIMES. PERSONS OUTSIDE OF A BAYCRAN VEHICLE BUT WITHIN ITS IMMEDIATE VICINITY MAY ALSO BE VIDEO RECORDED. YOU ACKNOWLEDGE AND AGREE THAT (A) BAYCRAN IS THE SOLE OWNER OF ALL SUCH SECURITY RECORDINGS AND (B) ALL SUCH SECURITY RECORDINGS WILL BE MAINTAINED BY BAYCRAN IN ACCORDANCE WITH OUR PRIVACY POLICY.
EACH TIME A BAYCRAN CUSTOMER REQUESTS OR USES OUR SERVICES, THE BAYCRAN CUSTOMER CONSENTS TO THIS SECURITY RECORDING ON BEHALF OF HIMSELF OR HERSELF AND ANY OTHER PERSONS THAT THE BAYCRAN CUSTOMER INVITES INTO THE VEHICLE (INCLUDING MINORS). EACH BAYCRAN CUSTOMER IS SOLELY RESPONSIBLE FOR ENSURING THAT ANY OTHER PERSON HE OR SHE INVITES INTO A BAYCRAN VEHICLE IS FULLY AWARE OF THESE RECORDINGS AND CONSENTS TO BEING RECORDED BEFORE SUCH PERSON ENTERS ANY BAYCRAN VEHICLE. BY ENTERING A BAYCRAN VEHICLE, EACH BAYCRAN CUSTOMER AGREES THAT HE OR SHE HAS RECEIVED SUCH CONSENT FROM SUCH OTHER PERSONS.

II. Modification to the Agreement

We reserve the right, at our sole discretion and without prior notice, to revise this Agreement or impose new terms and conditions regarding access to or use of the Services. Such revisions and additions shall be effective immediately upon posting the revised or additional terms and conditions. You are responsible for periodically reviewing this Agreement for any modifications that may affect your rights or obligations. You agree that you shall be deemed to have been notified of and bound by any modification to this Agreement. Your access to the Baycran Platform or use of our Services after revisions or additions to this Agreement shall constitute and be deemed your acceptance of such revisions or additions.

III. Eligibility, Authority, and Authorization

A Baycran Customer Account may only be created by individuals who are legally able to enter into binding contracts under applicable law. You must be at least eighteen (18) years old or the age of legal majority in your jurisdiction to create a Baycran Customer Account, unless a specific Service permits otherwise. By creating a Baycran Customer Account, you represent and warrant that you are at least eighteen (18) years old or the age of legal majority in your jurisdiction and that you have the right, authority, and capacity to enter into and abide by the terms and conditions of this Agreement. Unless otherwise provided herein, you may not assign or transfer your Baycran Customer Account to any other person or entity.
If you access the Baycran Platform or request our Service on behalf of another person or entity, you represent that you are authorized to accept this Agreement on behalf of that person or entity, that the person or entity agrees to be bound by this Agreement, and that you shall be jointly and severally responsible to Baycran if you or the other person or entity violates this Agreement. You hereby agree to defend, indemnify, and hold harmless Baycran, as well as Baycran’s officers, directors, employees, agents, or shareholders, from and against any and all claims, actions, suits, losses, costs, liabilities, and expenses (including reasonable attorneys’ fees) related to or arising out of any misrepresentation by you of such authority or authorization in connection with the provision of the Services to any Minor Child passenger and/or your guests’ use of the Baycran Platform.
You agree to comply with all applicable laws when accessing or using the Baycran Platform and our Services, and you may only access or use our Services for lawful purposes.
Baycran allows you to request that Baycran provide Services to unaccompanied minor children aged thirteen (13) to seventeen (17) (a “Minor Child”). The Service is not available for the unaccompanied use by persons under the age of thirteen (13). Baycran shall not be required to verify the identity or age of any Baycran Customer or Minor Child before providing the Services.
As the Baycran Customer Account owner, you agree to obtain consent from each Minor Child passenger’s parent or legal guardian before arranging Baycran Services. At the time of each request for Services on behalf of a Minor Child, you warrant and represent by your request for Services that you have obtained authority granted by such Minor Child’s parent or legal guardian to request Baycran Services on behalf of the Minor Child passenger. Any unaccompanied Service provided to a Minor Child and requested by an authorized Baycran Customer Account is presumed by Baycran to be an authorized use of the Services.
Any child or minor passenger who requires the use of a booster seat or safety seat must be accompanied by a parent or legal guardian over the age of eighteen (18) years to assist the child with installing the booster or safety seat and buckling into and out of the booster seat or safety seat. Baycran will not provide booster seats or safety seats. Baycran Drivers will not assist in installing a booster or safety seat or buckling a minor child into a booster or safety seat at any time.

IV. Trip Charges

Fares. When you request our Services, we will provide you with a fare estimate based on our estimate of the duration and distance of your trip. THE FARE ESTIMATE IS AN APPROXIMATION ONLY. Baycran does not guarantee that the fare estimate will be equal to the actual Fare payable for the same trip. The final amount payable by you may be greater than or less than the fare estimate. After the conclusion of your trip, we use GPS data from your Driver’s vehicle to calculate the cost of your trip based on the duration and distance traveled. Fares are inclusive of any applicable taxes (where required by law).
Wait and/or Shopping Charges. You will be charged for any time your Baycran Driver spends waiting, shopping, or conducting other errands on your behalf. After your Baycran provided free Wait/Shopping time (noted in the Baycran Customer App), you will be billed additional Wait/Shopping time on a per-minute basis (or fraction thereof). These charges cannot be estimated reliably in advance and are not included in your Fare Estimate in the Baycran Platform.
Service Fee. You will be charged a “Service Fee” of your final Fare and Wait and/or Shopping Charges. We collect this Service Fee to support ongoing Baycran operations, including but not limited to distributing incentive compensation to Drivers and/or other Baycran personnel involved in managing and maintaining the Baycran Service. For this reason, you should always feel no obligation to tip your Baycran Driver or any other Baycran personnel.
Cancellation Fee. After requesting a trip, you may cancel it through the Baycran Platform, and in certain cases, a cancellation fee may apply. You will also be charged for Wait Time if you fail to show up at your predetermined pick-up location after requesting a trip.
Damage Fee. If a Driver reports that you or a guest have materially damaged a Baycran vehicle, you agree to pay a “Damage Fee” of up to $500 depending on the extent of the damage (as determined by Baycran in its sole discretion), towards vehicle repair or cleaning. Baycran reserves the right (but is not obligated) to verify or otherwise require documentation of damages before processing the Damage Fee.

General payment terms:

Facilitation of Charges. All Charges are facilitated through a third-party payment processing service called Stripe, Inc. Baycran may change or replace its third-party payment processing services without notice to you. Charges shall only be made through the Baycran Platform. Cash payments for the Charges are strictly prohibited.

No Refunds:

All Charges are non-refundable. This no-refund policy shall apply at all times regardless of your decision to terminate usage of the Baycran Platform, any disruption to the Baycran Platform or Services, or any other reason whatsoever. Notwithstanding the foregoing, Baycran may, in its sole discretion, issue any credits or refunds.

Credit Card Authorization:

Upon addition of a new payment method or each trip request, Baycran may seek authorization of your selected payment method to verify the payment method, ensure the trip cost 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 or NSF charges by the bank issuing your debit or prepaid card. We cannot be held responsible for these charges and are unable to assist you in recovering them from your issuing bank. We can’t control the above charges of the above third parties, and we encourage you to read their policies before deciding whether to add and/or use a new payment method..

Receipt:

Within a reasonable time following the completion of a trip, through electronic mail, text message, or directly in the Baycran Platform, Baycran will submit a receipt to the Baycran Customer who requested the trip which shall include, without limitation: (1) the origin and destination of the trip; (2) the total time and distance; and (3) an itemization of the total of the fare paid, if any. If the trip is canceled, Baycran will submit a receipt to the Baycran Customer which shall include, without limitation, an itemization of the total of the fare, fees or cancellation fees.

V. Baycran Communications

By accessing the Baycran Platform, you agree to receive communications from us, including 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 Baycran, its affiliated companies, and/or our Drivers, may include but are not limited to: operational communications concerning your Baycran Customer Account or use of the Baycran Platform or our Services, updates concerning new and existing features on the Baycran Platform, communications concerning promotions run by us or our third-party partners, and news concerning Baycran and industry developments. 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. YOU ACKNOWLEDGE THAT YOU ARE NOT REQUIRED TO CONSENT TO RECEIVE PROMOTIONAL TEXTS OR CALLS AS A CONDITION OF USING THE BAYCRAN PLATFORM OR THE SERVICES. IF YOU WISH TO OPT OUT OF ALL TEXTS OR CALLS FROM BAYCRAN (INCLUDING OPERATIONAL TEXTS OR CALLS), YOU CAN EMAIL support@baycran.com STATING YOUR REQUEST TO UNSUBSCRIBE FROM TEXTS OR CALLS FROM BAYCRAN AND INCLUDING THE TELEPHONE NUMBER TO WHICH YOU DESIRE YOUR REQUEST TO APPLY, HOWEVER YOU ACKNOWLEDGE THAT OPTING OUT OF RECEIVING ALL TEXTS MAY IMPACT YOUR USE OF THE BAYCRAN PLATFORM OR THE SERVICES.

VI. Your Information

Your Information is any information you provide to us, publish or post to or through the Baycran Platform (including any profile information you provide to us) or send to other Baycran Customers (including via in-application feedback, any email feature, or through any Baycran-related Facebook, Twitter, or other social media posting) (your “Information”). You consent to us using your Information to create a Baycran Customer Account that will allow you to use the Baycran Platform and participate in the Services. Our collection and use of personal information in connection with the Baycran Platform and Services is as provided in Baycran’s Privacy Policy. You are solely responsible for your Information and your interactions with other members of the public. 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 Baycran to use your Information for the purposes described in the Privacy Policy and this Agreement, 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. Baycran does not assert any ownership over your Information; rather, as between you and Baycran, 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.

VII. Promotions and Referral Programs

Baycran, at its sole discretion, may make available promotions with different features to any Baycran Customers or prospective Baycran Customers. These promotions, unless made to you, shall have no bearing whatsoever on your Agreement or relationship with Baycran. Baycran reserves the right to withhold or deduct credits or benefits obtained through a promotion in the event that Baycran 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 terms or this Agreement.
From time to time, Baycran may offer you with incentives to refer your friends and family to become new Baycran Customers of the Baycran Platform (the “Referral Program”). These incentives may come in the form of Baycran Credits or any other form as Baycran deems appropriate. Baycran may set or change the incentive types, amounts, terms, restrictions, and qualification requirements for any incentives in its sole discretion. Your distribution of Baycran Codes and participation in the Referral Program is subject to this Agreement and the Referral Program Rules.

VIII. Code of Conduct

Failure to comply with this Code of Conduct by any Baycran Customer or guest of a Baycran Customer may result in termination or suspension of the applicable Baycran Customer’s account. Baycran Customers are responsible for ensuring that any and all guests a Baycran Customer invites into a Baycran vehicle are aware of and comply with this Code of Conduct at all times.
For safety reasons, all Baycran Customers and guests of Baycran Customers must fasten their seatbelt upon entering a Baycran vehicle and keep their seatbelt securely fastened at all times until their trip is completed as required by law. As required by law, the Baycran Customer is responsible to properly fasten children within a “child seat” and to keep such children securely fastened within such “
child seat” at all times during a trip. Baycran will not provide “child seats”. Baycran Drivers will not assist in the installation or buckling of a child into a “child seat” at any time.
Safety is our top priority. Baycran Customers and guests must not engage in violent, abusive, discriminatory, or harassing behavior toward Baycran Drivers or other passengers.
Baycran Customers and guests may not damage any Baycran vehicle or cause the vehicle to become unclean to a level that requires cleaning beyond what is considered normal for a standard trip. Baycran Customers are responsible for any damage they cause to a Baycran vehicle and for any costs incurred to clean the vehicle due to their actions.
Baycran Customers and guests may not bring any illegal items or substances into a Baycran vehicle or possess any illegal items or substances while using the Baycran Platform or our Services.
Baycran Customers and guests must not engage in conduct that is otherwise harmful or offensive to Baycran Drivers or other passengers.

IX. Warranty Disclaimer

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” BAYCRAN MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE OF ANY KIND WHATSOEVER, INCLUDING BUT NOT LIMITED TO, EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, OR OTHER VIOLATION OF RIGHTS. ADDITIONALLY, BAYCRAN DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY, OR ABILITY OF DRIVERS OR BAYCRAN CUSTOMERS, THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ACKNOWLEDGE AND AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY THIRD-PARTY SERVICES OR PRODUCTS REMAINS SOLELY WITH YOU TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

X. Limitation of Liability

BAYCRAN SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE BAYCRAN PLATFORM OR SERVICES, REGARDLESS OF THE NEGLIGENCE (EITHER ACTIVE, AFFIRMATIVE, SOLE, OR CONCURRENT) OF BAYCRAN, EVEN IF BAYCRAN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
BAYCRAN SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY, OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE BAYCRAN PLATFORM OR SERVICES OR YOUR INABILITY TO ACCESS OR USE THE BAYCRAN PLATFORM OR SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY OTHER MEMBER OF THE PUBLIC, EVEN IF BAYCRAN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BAYCRAN SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND BAYCRAN’S REASONABLE CONTROL.

XI. Indemnification

You agree to indemnify and hold Baycran, its affiliated companies, and each of their respective employees, contractors, directors, suppliers, and representatives harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your use or misuse of the Baycran Platform or our Services, any violation by you of this Agreement, or any breach of the representations, warranties, and covenants made by you herein. Baycran reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Baycran, and you agree to cooperate with Baycran’s defense of these claims. Baycran will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.

XII. Arbitration Agreement

PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.

(a) Agreement to Arbitrate

This Dispute Resolution and Arbitration Agreement (the “Arbitration Agreement”) is governed by the Federal Arbitration Act, 9 U.S.C. §§ 1-16 (the “FAA”), and constitutes a waiver of your right to a jury trial and relates to the resolution of all disputes between you and Baycran, except as otherwise provided in this Arbitration Agreement. The terms of this Arbitration Agreement shall survive termination, amendment, or rescission of this Agreement.

(b) Applicability

You and Baycran agree that any dispute, claim, or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation, or validity thereof, or the use of the Baycran Platform or Services (collectively, “Disputes”) shall be settled by binding arbitration, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights.

(c) Arbitration Rules and Governing Law

The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this Arbitration Agreement. The AAA Rules are available at www.adr.org or by calling the AAA at 1-800-778-7879. The Federal Arbitration Act will govern the interpretation and enforcement