HYKR Terms and Conditions

Effective Date: 4/1/24

Introduction

Welcome to HYKR. These Terms and Conditions (“Terms”) constitute a legally binding agreement between you and Hitchykr Technologies Inc. dba HYKR (“HYKR,” “we,” “us,” or “our”) governing your access and use of the HYKR mobile application, website, products, and services (collectively, the “HYKR Platform”).

By accessing or using the HYKR Platform, you confirm that you have read, understood, and agreed to be bound by these Terms. If you do not agree to these Terms, you may not access or use the HYKR Platform.

The HYKR Platform

HYKR provides a technology platform that enables users to connect with third-party transportation providers ("Drivers"). HYKR is not a transportation carrier. HYKR does not provide transportation services and is not a transportation service provider. All transportation services are provided by independent third-party contractors who are not employees of HYKR.

Eligibility

You must be at least 18 years old to use the HYKR Platform. By agreeing to these Terms, you represent and warrant that you are at least 18 years old and have the legal authority to enter into this agreement.

User Accounts

To use most aspects of the HYKR Platform, you must register for and maintain an active personal account (“Account”). You are responsible for all activity that occurs under your Account and agree to maintain the security and secrecy of your Account credentials at all times.

Payments

You understand that use of the HYKR Platform may result in charges to you for the services you receive from a Driver (“Charges”). After you have received services, HYKR will facilitate your payment of the applicable Charges. Charges will be inclusive of applicable taxes where required by law.

All payments are non-refundable, except as expressly provided by HYKR. HYKR reserves the right to establish, remove, and/or revise Charges for any or all aspects of the services at any time in HYKR’s sole discretion.

Promotions and Credits

HYKR may, in its sole discretion, offer promotional codes or account credits. These promotions are subject to expiration, limitations, and changes at HYKR’s sole discretion and cannot be duplicated or sold.

Your Conduct

You agree to:

Comply with all applicable laws and regulations.

Treat Drivers and other users with respect and not engage in any unlawful, threatening, or abusive behavior.

Not use the Platform for unlawful purposes, including transporting illegal or hazardous materials.

HYKR reserves the right to deactivate or terminate your account for any conduct that HYKR, in its sole discretion, deems to be in violation of these Terms or otherwise harmful to the Platform.

Driver Conduct

Drivers are expected to maintain a high standard of safety, professionalism, and courtesy. HYKR is not liable for the conduct of any Driver, and disputes must be handled between users and Drivers, although HYKR may assist in the resolution process.

Disclaimers and Limitation of Liability

HYKR provides the platform “AS IS” and “AS AVAILABLE.” We do not warrant that the services will be uninterrupted, secure, or error-free.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HYKR SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE, ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR INABILITY TO USE, THE PLATFORM.

⁠Indemnification

You agree to indemnify and hold HYKR and its affiliates, officers, directors, employees, and agents harmless from any claims, losses, liabilities, and expenses arising out of or related to your use of the Platform, your violation of these Terms, or your violation of any rights of another.

⁠Dispute Resolution

Any disputes shall be resolved through binding arbitration in the State of [Insert State], rather than in court. You waive any right to a jury trial or to participate in a class action. This section survives any termination of these Terms.

Modification of Terms

HYKR reserves the right to modify these Terms at any time. If we make material changes, we will notify you through the HYKR Platform or via email. Your continued use of the Platform after such notice constitutes your acceptance of the modified Terms.

Termination

You may terminate your account at any time. HYKR may suspend or terminate your access to the Platform at any time, with or without cause, and without notice or liability.

General

These Terms constitute the entire agreement between you and HYKR. If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect. Our failure to enforce any right or provision shall not be deemed a waiver.