Tiny Mile US, Corp. Peer-to-Peer Service User Terms & Conditions

  1. Applicability

Tiny Mile US, Corp. is a Delaware corporation with its principal business address at 129 West Trade Street, Charlotte, North Carolina 28273 (“Tiny Mile”). These terms and conditions (“Terms”) govern your access as a user (“User” or “you”) to and use of the Tiny Mile Peer-to-Peer (“P2P”) robot delivery services including, but not limited to, applications, websites, content, products, and services (“Service”) developed and owned by Tiny Mile.

By accessing or using the Service, you confirm your agreement to be bound by these Terms. If you do not agree to these Terms, you may not access or use Service. PLEASE READ THE TINY MILE P2P TERMS CAREFULLY, AS THEY CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND TINY MILE. If you use the Service, or click to accept or agree to these Terms if presented to you in a user interface for the Service, Tiny Mile will understand this as your acceptance of and agreement to these Terms. By accepting these Terms or using any aspect of the Service, you represent and warrant that you have the legal capacity to enter a contract in the jurisdiction where you reside. If you do not accept these Terms, then you may not use any aspect of the Service.

BY ACCEPTING THESE TERMS, YOU ACKNOWLEDGE AND AGREE THAT YOU ARE WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. With limited exceptions, YOU AGREE TO WAIVE YOUR RIGHT TO GO TO COURT and that all disputes between you and Tiny Mile arising out of or relating to these Terms or the Service will be resolved by binding arbitration. your rights will be determined by a neutral arbitrator and not a judge or jury, and your claims cannot be brought as a class action.

  1. Services

The Tiny Mile P2P Service enables Users to arrange and schedule delivery services between Users utilizing Tiny Mile owned delivery robots (“Robots”). Items delivered using the Tiny Mile P2P Service are referred to herein as “Packages”.

The Robots are operated by remote operators (“Pilots”) that control the Robots in the provision of the delivery services. Pilots are either employees of Tiny Mile or third-party independent contractors.

YOU ACKNOWLEDGE THAT THE SERVICES ARE RENDERED 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.

2.1. Account. In order to access the Service, each User must establish an account. By doing so, you represent and warrant that you are at least eighteen (18) years old and have not been previously suspended by Tiny Mile from accessing or using the Service.

2.1.1. Account Sharing. Accounts are registered to each User personally and may not be shared, sold, traded, gifted or otherwise transferred at any time.

2.1.2. Account Cancelation. You may cancel your account at any time by contacting Tiny Mile at contact@tinymile.ai

2.2. Communications.

2.2.1. Text Messaging. By using the Service, you agree that Tiny Mile and those acting on its behalf may send you text (SMS) messages at the phone number provided to Tiny Mile by you. You agree that standard mobile carrier fees may apply for such text messages and acknowledge that all such fees are your sole responsibility. These messages may include operational messages about your use of the Service including status of delivery or Robot interaction information, as well as marketing or other promotional messages. You will not be able to use the Service without agreeing to receive operational text messages. You may opt-out of receiving all text messages from Tiny Mile at any time by canceling your account. Your agreement to receive promotional messages is not a condition of any Service offered by Tiny Mile. If you change or deactivate the phone number you provided to Tiny Mile, it is your sole responsibility to update your account information.

2.2.2. Push Notifications. When using the WebApp you agree to receive push notifications, which are messages an app sends you on your mobile device even when the app is not on. You can turn off notifications by visiting your mobile device’s “settings” page.

2.2.3. Email. You agree that Tiny Mile may send you emails concerning our products and services, as well as those of third parties. You may opt-out of promotional emails by following the unsubscribe instructions in a promotional email.

2.3. Use Restrictions. You may not use the Services in any way that is not expressly permitted under these Terms.

2.3.1. You agree to comply with all applicable laws when accessing or using the Service, and you may only access or use the Service for lawful purposes.

2.3.2. You may not: (i) cause, permit or authorize the modification, creation of derivative works, translation, reverse engineering, decompiling, disassembling or hacking of the Services or (ii) sell, assign, rent, lease, or grant rights in the Services.

2.3.3. You agree that you will not: (i) institute, assist, or become involved in any type of attack including, without limitation, denial of service attacks, upon the Service (or any servers, systems or networks connected to the Service) or otherwise attempt to obstruct, disrupt or interfere with the operation of the Service or any other person’s or entity’s use of the Service (or any servers, systems or networks connected to the Service); (ii) attempt to gain unauthorized access to the Service, user information, or any servers, systems or networks connected to the Service; (iii) use the Service for any commercial purpose, or for the benefit of any third party, or charge any person or entity, or receive any compensation for, the use of the Service; (iv) use the Service to cause nuisance, annoyance, inconvenience, or property damage, whether to Tiny Mile or any other party, or (v) use the Service to engage in any activity that (A) constitutes harassment or a violation of privacy or threatens other people or groups of people; (B) is harmful to children in any manner; (C) constitutes phishing, pharming or impersonates any other person or entity, or steals or assumes any person’s identity (whether a real identity or online nickname or alias); or (D) violates any applicable law, ordinance, rule, regulation or treaty.

2.4. Prohibited Items. You may not use or access the Tiny Mile P2P Service to send any prohibited items (“Prohibited Items”). Prohibited Items include, but are not restricted to:

Tiny Mile retains the right in its sole discretion to amend the list of Prohibited Items at any time without notice to the User. It is your responsibility as User to be aware of the current list of Prohibited Items each time you use the Service.

2.5. Delivery Restrictions. The Packages to be delivered through the use of the Service per trip (i) may not be greater than 20 pounds aggregate weight, (ii) must fit comfortably in the cargo box of the Robot, and (iii) may not have a total value greater than $100 USD. The User must prepare, securely close and seal the Packages in the cargo box of the Robot for safe delivery.

2.6. Refusal or Rejection of Deliveries. User acknowledges that Tiny Mile is free to accept, refuse to pick up, deliver or cancel the delivery of the Packages after initial acceptance of a request for the Services for any reason at any time in its sole discretion and not otherwise prohibited by law. You acknowledge that by using the Service, you waive the right to cancel a delivery after the Robot lid has closed.

2.7. Delivery, Redelivery, and Undelivered Package(s). If Tiny Mile is not able to complete the delivery of a Package for any reason, including but not limited to, Tiny Mile’s Pilot’s inability to locate the delivery location or Tiny Mile’s inability to make contact with the sender User or recipient User, Tiny Mile may opt to arrange for the return of the Package to the sender User. If Tiny Mile is not able to return the Package to the sender User for any reason whatsoever, you as sender User acknowledge and agree that the Package may be stored at the Tiny Mile location in your delivery area for thirty (30) days from the initial delivery attempt. You are responsible for recovery of your Package from the Tiny Mile location. If after thirty (30) days from the initial delivery attempt you have not recovered your Package, you forfeit any and all right, title and interest in Package and such Package will become property of Tiny Mile.

2.8. Delivery Notifications. The recipient User of the Package will receive a message from Tiny Mile notifying them of the intended delivery by the Service. Such message will provide the recipient User with the opportunity to confirm acceptance of the Package in the specified timeframe. If the recipient User does not respond to the delivery message in a reasonable amount of time or opts to decline delivery, the Package will not be delivered. Notification messages may be made via SMS message as specified by the User. If a User experiences issues with the messaging program they can contact support at contact@tinymile.ai provided for direct assistance.

  1. Intellectual Property.

3.1. Ownership. All intellectual property rights related to the Service, including, but not limited to, copyrights, patents, patent disclosures and inventions (whether patentable or not), trademarks, service marks, trade secrets, know-how and other confidential information, trade dress, trade names, logos, corporate names, and domain names, together with all of the goodwill associated therewith, derivative works and all other rights (collectively, “Intellectual Property Rights”) are owned by Tiny Mile.

3.2. Trademarks. You do not have any right to use any Tiny Mile trademarks, service marks or logos unless otherwise expressly permitted by Tiny Mile in writing.

3.3. Feedback. You may choose to, or Tiny Mile may request you to, submit comments, bug reports, ideas or other feedback about the Service and the Robots (“Feedback”). By submitting Feedback, you agree that Tiny Mile is free to use such Feedback at its discretion without any obligation to you. Tiny Mile may also choose to disclose Feedback to third parties. You hereby grant Tiny Mile a royalty-free, perpetual, irrevocable, transferable, sublicensable, worldwide, nonexclusive license under all rights necessary to incorporate and use your Feedback for any purpose.

  1. Disclaimers; Limitation of Liability; Indemnity

4.1. Disclaimer

The 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 Terms, 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 Services or any services or goods transported using the Service, or that the Service will be uninterrupted or error-free. Tiny Mile does not guarantee the quality, suitability, safety or ability of Pilots. You agree that the entire risk arising out of your use of the Service remains solely with you, to the maximum extent permitted under applicable law.

4.2. 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 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 YOUR USE OF OR RELIANCE ON THE SERVICE OR YOUR INABILITY TO ACCESS OR USE THE SERVICE. TINY MILE 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 SERVICES.

If you use the Service to arrange the delivery of food or beverages not otherwise prohibited by these Terms, you assume full responsibility for such items upon delivery, including any damage due to temperature exposure and/or tampering. Recipient User further assumes full responsibility for chilling any perishables immediately upon delivery to help maintain the safety and quality of those items.

The Service may be used by you to request and schedule delivery services with independent third party service providers, provided that such third parties are also registered Users of Tiny Mile. 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 Terms.

4.3. 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.

4.4. 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 Service, whether as the sending or receiving User; (ii) the services or goods obtained through your use of the Service, including, but not limited to, any harm caused by a Package(s); (ii) your breach or violation of any of these Terms; (iv) Tiny Mile’s use of your Personal Data (defined herein); or (v) your violation of the rights of any third party.

  1. Termination

Tiny Mile may immediately terminate these Terms or any Service with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason, without notice. Tiny Mile may also restrict your use of the Tiny Mile Services for any violation of these Terms or if Tiny Mile suspects that you have used the Services to conduct any fraudulent or illegal activity.

  1. Data Privacy

6.1. Related to Users use of the Services, User may provide certain personal information that (i) directly or indirectly identifies an individual (including, for example, names, signatures, addresses, telephone numbers, email addresses, and other unique identifiers); or (ii) can be used to identify or authenticate an individual (including, without limitation, user identification and account access credentials or passwords, answers to security questions, an individual’s internet activity or similar interaction history, inferences drawn from other personal information to create consumer profiles, geolocation data, and other personal characteristics and identifiers) (collectively, “Personal Data”). User’s contact information is not by itself Personal Data.

6.2. In the provision of the Services, Tiny Mile will (i) use and disclose Personal Data only for the purposes for which User provides the Personal Data, or access to it, pursuant to these Terms, and not use or otherwise disclose or make available Personal Data for Tiny Mile’s own purposes without User’s prior written consent. Tiny Mile may aggregate, de-identify, or anonymize Personal Data and use such aggregated, de-identified, or anonymized data, which shall no longer be considered Personal Data, for its own research and development purposes. Tiny Mile will (i) comply with applicable laws and regulations in its creation, collection, receipt, access, use, storage, disposal, and disclosure of Personal Data and (ii) employ reasonable security measures to protect Personal Data in accordance with accepted industry standards.

6.3. You agree to comply with applicable privacy and data protection laws relating to your use of Tiny Mile Services.

  1. Governing Law and Jurisdiction

7.1. 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.

7.2. Arbitration. By agreeing to these Terms, you agree that you are required to resolve any claim that you may have against Tiny Mile on an individual basis in arbitration. 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.

You and Tiny Mile agree that any dispute, claim or controversy arising out of or relating to (a) the Terms or the existence, breach, termination, enforcement, interpretation or validity thereof, or (b) your access to or use of any Services at any time, whether before or after the date you agreed to the Terms, will be settled by binding arbitration between you and Tiny Mile, and not in a court of law.

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.

  1. General

8.1. Terms Revisions. Tiny Mile may update these Terms at any time, and Tiny Mile will post the updated version of the Terms on the Tiny Mile website. You understand and agree that you will be deemed to have accepted the updated Terms if you use any aspect of the Service after the updated Terms are posted. If at any point you do not agree to any portion of the Terms then in effect, you must immediately stop using the Service. If Tiny Mile makes any material change to the Terms, we will make reasonable efforts to notify you of the change, such as via an email to the email address you used to register for an account.

8.2. No Partnership. You agree that no joint venture, partnership, employment or agency relationship exists between you and Tiny Mile.

8.3. Assignment User may not assign any of its rights or delegate any of its obligations under these Terms. Any purported assignment or delegation in violation of this section is null and void.

8.4. Severability. If any part of these Terms is determined to be invalid or unenforceable, then that portion shall be severed, and the remainder of the Terms shall be given full force and effect.

8.5. No Waiver. 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.