U.S. TAXI SYSTEMS TERMS AND CONDITIONS Effective Date: 18 July 2025 Page 1 of 10 These U.S. Taxi Systems Terms and Conditions (these “Terms and Conditions”) set forth the terms, conditions and agreements governing your (defined below) access to, use of, and/or possession of equipment, hardware, software and/or services provided by or on behalf of Curb Mobility, LLC (“CML”) pursuant to or in connection with any Order Form (defined below). By executing an Order Form, or otherwise accessing or using any Solutions (defined below), you (defined below) agree to be bound by these Terms and Conditions. If any provision of an Order Form conflicts with any provision of these Terms and Conditions, then these Terms and Conditions shall govern unless expressly stated otherwise in these Terms and Conditions or in the Order Form. 1.
Definitions.
1.1.
“ACH” means an Automated Clearing House transaction.
1.2.
“ACH Fee” means the percentage and/or amount designated as the “ACH Fee” in the Order Form.
1.3. “Affiliate” means, with respect to any specified person or entity, any other person or entity that, directly or indirectly, controls, is under the control of, or is under common control, with such specified person or entity. 1.4.
“Agreement” means, collectively, the Order Form and these Terms and Conditions.
1.5. “Applicable Law” means applicable law or regulation, applicable court or arbitral order binding on the relevant party, or applicable payment network (e.g., Visa, Master Card, American Express, etc.) rules or requirements. 1.6. “CML Equipment” means any hardware, software or other tangible items included in any Solution or otherwise comprising or used to provide you, your Affiliates, your drivers, or any Taxi with access to or use of any Solution. 1.7. “CML Indemnitees” means CML, its Contract Partners, each of its and their respective Affiliates and each of the respective owners, managers, directors, officers, employees, agents and representatives of each of CML, its Contract Partner and each of its and their respective Affiliates. 1.8.
“Claim” means any lawsuit, litigation, claim, allegation, action, citation, summons, or legal, regulatory, or administrative proceeding.
1.9.
“Confidential Information” has the meaning ascribed thereto in Section 14.1 below.
1.10. “Connected Taxi” means each Taxi (i) that is connected to, or active on, your instance of Way2Cloud, (ii) that is equipped with a DASH Device, or (iii) for which CML has provided a DASH Device. 1.11.
“Connected Taxi Fee” means the percentage and/or amount designated as the “Connected Taxi Fee” in the Order Form.
1.12.
“Connectivity” has the meaning ascribed thereto in Section 7 below.
1.13. “Contract Partner” means any company, business or government agency that contracts with CML or its Affiliates for access to, use of or integration with the Ehail Platform for purposes of facilitating for-hire transportation services, including, without limitation, any so-called “rideshare” company, “transportation network company” or non-emergency medical transportation (NEMT) provider that enters into such a contract with CML or its Affiliates. 1.14.
“Current Taxi” means each Taxi as of the Effective Date.
1.15. “DASH Device” means a mobile computing device (i.e., smartphone or tablet computer) approved by CML for use with its DASH™ software applications. 1.16. “DASH Kit” means and includes (i) a DASH Device loaded with the applicable DASH software application(s), (ii) (subject to payment of the Wireless Data Fee) wireless data connectivity (up to one (1) gigabyte per month) as necessary to facilitate the use of the DASH software installed on the DASH Device included in such DASH Kit, and (iii) wires and mounting brackets as necessary for CML standard in-vehicle installation. 1.17.
“DASH Kit Lease Fee” has the meaning ascribed thereto in the Order Form.
1.18.
“DASH Kit Purchase Price” has the meaning ascribed thereto in the Order Form.
1.19.
“DASH Software Fee” means the percentage and/or amount designated as the “DASH Software Fee” in the Order Form.
1.20. “Dispute” means any dispute, claim, or controversy between or among you or any of your Affiliates and CML or any of its Affiliates arising out of or relating in any way to the Agreement or the Solutions, or the interpretation, application, enforcement, breach, termination, or validity of the Agreement (including any claim of inducement of the Agreement by fraud, and including determination of the scope or applicability of the agreement to arbitrate contained in these Terms and Conditions), or the subject matter of the Agreement. 1.21.
“Effective Date” means the “Effective Date” set forth in the Order Form.
1.22. “Ehail Platform” means any technology or software platform or application (including CML’s “Curb®” mobile app) that is owned, operated, or authorized by CML to enable users thereof to remotely hail, book, summon, and/or hire, or otherwise arrange for a ride in, and/or pay for services provided in or by, taxicabs and/or other for-hire vehicles. 1.23.
“Electronic Payment” means payment by credit card, debit card, or other non-cash means.
1.24.
“Hardware” means all hardware or equipment, and components thereof, included in any Hardware Kit provided hereunder.
1.25.
“Hardware Kit” means a Payment Kit or a DASH Kit, as applicable.
1.26. “In-Taxi Payment” means any Electronic Payment accepted, made, and/or processed using any Payment System (other than the Ehail Platform) provided in or for any Taxi.
Page 1 of 10