Tiny Mile P2P Service User Terms & Conditions

1. Contractual Relationship

These Tiny Mile US, Corp Peer-to-Peer (“Tiny Mile P2P”) Terms and Conditions (“P2P Terms”) govern your access and use of applications, websites, content, products, and services (the “Services”) made available by Tiny Mile US, Corp. a Delaware corporation with an address of 129 West Trade Street, Charlotte, North Carolina 28273 (“Tiny Mile”) that enable you to arrange and schedule the delivery of package(s) (the “Package(s)”) to a designated address (the “Delivery Services”).

This means where you choose to use Tiny Mile P2P for delivery services, the following applies to your use and access to the service:

By accessing or using Tiny Mile P2P, you confirm your agreement to be bound by the Tiny Mile P2P Terms of Use. If you do not agree to the Tiny Mile P2P Terms of Use, you may not access or use Tiny Mile P2P. PLEASE READ THE TINY MILE P2P TERMS CAREFULLY, AS THEY CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND TINY MILE.

Capitalized terms used in the Tiny Mile P2P Terms but not defined in the P2P Terms shall have the meanings ascribed to them by reasonable logic. In the Tiny Mile P2P Terms, the words “including” and “include” mean “including, but not limited to.”

IMPORTANT: PLEASE REVIEW THE ARBITRATION AGREEMENT SET FORTH BELOW CAREFULLY, AS IT WILL REQUIRE YOU TO RESOLVE DISPUTES WITH TINY MILE ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION. BY ENTERING THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THIS AGREEMENT AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.

2. Arbitration Agreement

By agreeing to the Tiny Mile P2P Terms, you agree that you are required to resolve any claim that you may have against Tiny Mile on an individual basis in arbitration, as set forth in this Arbitration Agreement. This will preclude you from bringing any class, collective, or representative action against Tiny Mile, and also preclude you from participating in representative action brought against Tiny Mile by someone else.

Agreement to Binding Arbitration Between You and Tiny Mile

You and Tiny Mile agree that any dispute, claim or controversy arising out of or relating to (a) the Tiny Mile P2P Terms or the existence, breach, termination, enforcement, interpretation or validity thereof, or (b) your access to or use of any Tiny Mile Services at any time, whether before or after the date you agreed to the Tiny Mile P2P Terms, will be settled by binding arbitration between you and Tiny Mile, and not in a court of law. Notwithstanding the foregoing, where you allege claims of sexual assault or sexual harassment occurring in connection with your use of the Tiny Mile P2P Services, you may elect to bring those claims in a court of competent jurisdiction instead of arbitration. Tiny Mile agrees to honor your election of forum with respect to your individual sexual assault or sexual harassment claim but in so doing does not waive the enforceability of this Arbitration Agreement as to any other provision (including, but not limited to, the waivers provided in the following paragraph, which will continue to apply in court and arbitration), controversy, claim or dispute.

You acknowledge and agree that you are waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Unless both you and Tiny Mile otherwise agree in writing, any arbitration will be conducted only on an individual basis and not in a class, collective, consolidated, or representative proceeding.

Rules and Governing Law

The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the AAA’s Consumer Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (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 parties agree that the arbitrator (“Arbitrator”), and not any federal, state, or local court or agency, shall have exclusive authority to resolve any disputes relating to the interpretation, applicability, enforceability or formation of this Arbitration Agreement, including any claim that all or any part of this Arbitration Agreement is void or voidable. The Arbitrator shall also be responsible for determining all threshold arbitrability issues, including issues relating to whether the Tiny Mile P2P Terms are unconscionable or illusory and any defense to arbitration, including waiver, delay, laches, or estoppel.

Notwithstanding any choice of law or other provision in the Tiny Mile P2P Terms, the parties agree and acknowledge that this Arbitration Agreement evidences a transaction involving interstate commerce and that the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (“FAA”), will govern its interpretation and enforcement and proceedings pursuant thereto. It is the intent of the parties that the FAA and AAA Rules shall preempt all state laws to the fullest extent permitted by law. If the FAA and AAA Rules are found to not apply to any issue that arises under this Arbitration Agreement or the enforcement thereof, then that issue shall be resolved under the laws of the state of North Carolina.

Process

A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration - Consumer Arbitration Rules at www.adr.org or by calling the AAA at 1-800-778-7879). The Arbitrator will be either (1) a retired judge or (2) an attorney specifically licensed to practice law in the state of California and will be selected by the parties from the AAA’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an Arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the Arbitrator in accordance with the AAA Rules.

Location and Procedure

Unless you and Tiny Mile otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and Tiny Mile submit to the Arbitrator, unless you request a hearing or the Arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the Arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.

Arbitrator’s Decision

The Arbitrator will render an award within the time frame specified in the AAA Rules. Judgment on the arbitration award may be entered in any court having competent jurisdiction to do so. The Arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. An Arbitrator’s decision shall be final and binding on all parties. An Arbitrator’s decision and judgment thereon shall have no precedential or collateral estoppel effect. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law.

Fees

Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules

Notwithstanding the provisions in Section 1 above, regarding consent to be bound by amendments to these Tiny Mile P2P Terms, if Tiny Mile changes this Arbitration Agreement after the date you first agreed to the Tiny Mile P2P Terms (or to any subsequent changes to the Tiny Mile P2P Terms), you may reject any such change by providing Tiny Mile written notice of such rejection within 30 days of the date such change became effective, as indicated in the “Effective” date above. This written notice must be provided either by mail to the address named in Section 1.

Severability and Survival

If any portion of this Arbitration Agreement is found to be unenforceable or unlawful for any reason, (1) the unenforceable or unlawful provision shall be severed from these Tiny Mile P2P Terms; (2) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of the Arbitration Agreement or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to the Arbitration Agreement; and (3) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration.

3. The Services

The Tiny Mile Services enable users to arrange and schedule Delivery Services with Tiny Mile US, Corp.

YOU ACKNOWLEDGE THAT THE SERVICES ARE AT NO COST, AND THUS YOU WAIVE ANY LEGAL EXPECTATION TYPICAL TO A PROVIDER OF TRANSPORTATION, LOGISTICS OR DELIVERY SERVICES OR AS A TRANSPORTATION CARRIER.

4. Access to and Use of Tiny Mile P2P

4.1. This section sets out rights and obligations that apply to your use of Tiny Mile P2P Services. These terms apply in addition to any other rights or obligations set out in the Terms.

4.2. User Requirements. You may not authorize third parties to use your Account to access and use of the P2P Service. You agree to comply with all applicable laws when accessing or using the Tiny Mile P2P Service, and you may only access or use the Tiny Mile P2P Service for lawful purposes.

You may not in your access or use of the Delivery Marketplace cause nuisance, annoyance, inconvenience, or property damage, whether to Service Providers or any other party.

4.3. Prohibited Items. You may not use or access the P2P Service or use the Delivery to send any Prohibited Items (“Prohibited Items”). Prohibited Items include, but are not restricted to:

Tiny Mile retains the discretion to amend the list of Prohibited Items. It is your responsibility to be aware of the current list of Prohibited Items each time you use the Tiny Mile P2P Service.

4.4. Package Restrictions. The Package(s), together, per trip, (i) may not be greater than 20 pounds, (ii) must fit comfortably in the cargo box of the robot, and (iii) may not have a total value greater than $100 USD. You must prepare and securely close and seal the Package(s) for safe delivery.

4.5. Refusal or Rejection of Deliveries. You acknowledge that Tiny Mile is free to accept, refuse to pick up or deliver the Package(s) or cancel the delivery of the Package(s) after acceptance for any reason not prohibited by law. You acknowledge that by using the Service, you waive the right to cancel a delivery after the robot lid has closed.

4.6. Delivery, Redelivery, and Undelivered Package(s). If Tiny Mile is not able to complete the delivery of a Package, for example because Tiny Mile is unable to locate the delivery location and is unable to make contact with you, Tiny Mile may attempt to arrange for the return of the Package to you. If Tiny Mile is not able to return the Package to you, you acknowledge and agree that the Package may be stored at the local Tiny Mile address listed above for 30 days from delivery attempt. After 30 days you forfeit any expectation that that package will be returned.

4.7 The Package Recipient will receive a message from Tiny Mile notifying them of the intended delivery by Tiny Mile P2P Services, and the message will provide the Package Recipient with the opportunity to ACCEPT the intended package. If the Package Recipient does not select the ‘ACCEPT’ button in a time deemed reasonable by Tiny Mile, or the User selects ‘DECLINE’ the package will not be delivered. Package Notices may be a push notification, or an SMS message, depending on user preferences.

If the Package Recipient or Package Sender experiences issues with the messaging program they can call the Help number provided for more assistance.

5. Disclaimers; Limitation of Liability; Indemnity

DISCLAIMER

THE TINY MILE P2P SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.” TINY MILE DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TINY MILE P2P SERVICE, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, TINY MILE MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE DELIVERY MARKETPLACE OR ANY SERVICES OR GOODS REQUESTED THROUGH OR TRANSPORTED THROUGH THE USE OF THE TINY MILE P2P SERVICE, OR THAT THE TINY MILE P2P SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. TINY MILE DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF SERVICE PROVIDERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE TINY MILE P2P SERVICE, AND ANY SERVICE OR GOOD REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.

LIMITATION OF LIABILITY

IN NO EVENT SHALL TINY MILE’S AGGREGATE LIABILITY EXCEED $100 USD.

TINY MILE 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 TINY MILE P2P SERVICE, REGARDLESS OF THE NEGLIGENCE (EITHER ACTIVE, AFFIRMATIVE, SOLE, OR CONCURRENT) OF TINY MILE, EVEN IF TINY MILE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TINY MILE SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE TINY MILE P2P SERVICE OR YOUR INABILITY TO ACCESS OR USE THE TINY MILE P2P SERVICE. TINYMILE SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND TINY MILE’S REASONABLE CONTROL, OR ANY OTHER REASON.

YOU ASSUME EXPOSURE TO AND RISK OF ANY LOSS, THEFT, TAMPERING OR DELAY IN YOUR USE OF THE DELIVERY MARKETPLACE. TINY MILE DOES NOT MAINTAIN INSURANCE FOR LOSS, DAMAGE, OR THEFT. YOU SHOULD CONTACT AN INSURANCE AGENT OR BROKER IF INSURANCE COVERAGE IS DESIRED. TINY MILE DOES NOT PROVIDE INSURANCE COVERAGE.

IF YOU USE THE TINY MILE P2P SERVICE TO ARRANGE DELIVERY SERVICES AND SEND FOOD OR BEVERAGES NOT OTHERWISE PROHIBITED BY THESE THE TINY MILE P2P SERVICE TERMS, YOU ASSUME FULL RESPONSIBILITY FOR SUCH ITEMS AFTER DELIVERY, INCLUDING ANY DAMAGE DUE TO TEMPERATURE SENSITIVITY AND/OR TAMPERING. YOU FURTHER ASSUME FULL RESPONSIBILITY FOR CHILLING ANY PERISHABLES IMMEDIATELY UPON DELIVERY TO HELP MAINTAIN THE SAFETY AND QUALITY OF THOSE ITEMS.

THE TINY MILE P2P SERVICE MAY BE USED BY YOU TO REQUEST AND SCHEDULE DELIVERY SERVICES WITH INDEPENDENT THIRD PARTY SERVICE PROVIDERS, BUT YOU AGREE THAT TINY MILE HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY DELIVERY OR LOGISTICS SERVICES PROVIDED TO YOU BY SERVICE PROVIDERS OTHER THAN AS EXPRESSLY SET FORTH IN THESE TINY MILE P2P SERVICE TERMS.

THE LIMITATIONS AND DISCLAIMER IN THIS SECTION DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, TINY MILE’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. THIS PROVISION SHALL HAVE NO EFFECT ON TINY MILE’S CHOICE OF LAW PROVISION SET FORTH BELOW.

Indemnity

You agree to indemnify and hold Tiny Mile and its affiliates and their officers, directors, employees, and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees), arising out of or in connection with: (i) your use of THE TINY MILE P2P SERVICE or services or goods obtained through your use of the P2P Service, including, but not limited to, any harm caused by a Package(s); (ii) your breach or violation of any of these Tiny Mile P2P Service Terms; (iii) Tiny Mile’s use of your User Content; or (iv) your violation of the rights of any third party, including Service Providers

6. Termination

Tiny Mile may immediately terminate these P2P Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason.

7. Privacy

You agree to comply with applicable privacy and data protection laws relating to your use of Tiny Mile Services, including any laws requiring that you obtain the consent of senders or recipients to the sharing of their personal information with Tiny Mile for processing. Additional, and applicable, Privacy Policy information can be found at https://tinymile.ai/company/privacy.

8. Dispute Resolution Process; Governing Law and Jurisdiction

These P2P Terms shall be exclusively governed by and construed in accordance with the laws of the State of North Carolina and the federal laws of The United States applicable therein.

These Tiny Mile P2P Terms are governed by and construed in accordance with the laws of the State of North Carolina, U.S.A., without giving effect to any conflict of law principles, except as may be otherwise provided in the Arbitration Agreement above or in supplemental terms applicable to you. However, the choice of law provision regarding the interpretation of Tiny Mile P2P Terms is not intended to create any other substantive right to non-North Carolinians to assert claims under North Carolina law whether that be by statute, common law, or otherwise. These provisions, and except as otherwise provided in Section 2 of these Tiny Mile P2P Terms, are only intended to specify the use of North Carolina law to interpret these Tiny Mile P2P Terms and the forum for disputes asserting a breach of these Tiny Mile P2P Terms, and these provisions shall not be interpreted as generally extending North Carolina law to you if you do not otherwise reside in North Carolina. The foregoing choice of law and forum selection provisions do not apply to the arbitration clause in Section 2 or to any arbitrable disputes as defined therein. Instead, as described in Section 2, the Federal Arbitration Act shall apply to any such disputes.

9. Restrictions on Your Use of the Services.

You may not do any of the following, unless applicable laws or regulations prohibit these restrictions or you have our written permission to do so:

10. Ownership and Content

10.1 Ownership of the Services. The Services, including their “look and feel” (e.g., text, graphics, images, logos), proprietary content, information and other materials, are protected under copyright, trademark and other intellectual property laws. You agree that Tiny Mile and/or its licensors own all right, title and interest in and to the Services (including any and all intellectual property rights therein) and you agree not to take any action(s) inconsistent with such ownership interests. We and our licensors reserve all rights in connection with the Services and its content, including, without limitation, the exclusive right to create derivative works.

10.2 Ownership of Trademarks. The Tiny Mile name, logo and all related names, logos, product and service names, designs and slogans are trademarks of Tiny Mile or its affiliates or licensors. Other names, logos, product and service names, designs and slogans that appear on the Services are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.

10.3 Ownership of Feedback. We welcome feedback, comments and suggestions for improvements to the Services (“Feedback”). You acknowledge and expressly agree that any contribution of Feedback does not and will not give or grant you any right, title or interest in the Services or in any such Feedback. All Feedback becomes the sole and exclusive property of Tiny Mile, and Tiny Mile may use and disclose Feedback in any manner and for any purpose whatsoever without further notice or compensation to you and without retention by you of any proprietary or other right or claim. You hereby assign to Tiny Mile any and all right, title and interest (including, but not limited to, any patent, copyright, trade secret, trademark, show-how, know-how, and any and all other intellectual property right, including waiver of moral rights) that you may have in and to any and all Feedback.

11. Use of Third-Party Materials in the Services

11.1 Use of Third-Party Materials in the Services. Certain elements of the Service may display, include or make available content, data, information, applications or materials from third parties (“Third Party Materials”) or provide links to certain third-party websites. By using the Services, you acknowledge and agree that Tiny Mile is not responsible for examining or evaluating the content, accuracy, completeness, availability, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third-Party Materials or websites. We do not warrant or endorse and do not assume and will not have any liability or responsibility to you or any other person for any third-party services, Third Party Materials or third-party websites, or for any other materials, products, or services of third parties. Third Party Materials and links to Third Party Materials are provided solely as a convenience to you.

12. General

If any provision of these Tiny Mile P2P Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. Tiny Mile’s failure to enforce any right or provision in these Tiny Mile P2P Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Tiny Mile in writing. This provision shall not affect the Severability and Survivability section of the Arbitration Agreement of these Tiny Mile P2P Terms.

13. How to Contact Us

For more information about these Terms of Service or if you have any questions, please contact us as follows:

By mail:

Tiny Mile US, Corp.
130 - 127 W Trade St.
Charlotte, NC
28202
USA

By email:

legal@tinymile.ai

Effective Date: 30 August, 2022