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SUPERFAST SCOOTER, LLC

TERMS OF SERVICE


Last Updated: March 25, 2024


BE ADVISED THAT THE SUPERFAST SCOOTER IS A PROTOTYPE VEHICLE THAT HAS NOT UNDERGONE MARKET SAFETY TESTING. RIDING THIS SCOOTER POSES INHERENT RISKS OF SERIOUS BODILY INJURY, INCLUDING THE POTENTIAL FOR DEATH. BY PARTICIPATING IN THE SUPERFAST SCOOTERS TRUSTED TESTER PROGRAM, YOU ACKNOWLEDGE AND ACCEPT THESE RISKS. YOU AGREE TO EXERCISE CAUTION AND ASSUME FULL RESPONSIBILITY FOR YOUR SAFETY WHILE USING THE SCOOTER.

PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY ACCESSING OR USING OUR SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS AND ALL TERMS INCORPORATED BY REFERENCE.


These Terms of Service (”Terms”) govern your access to and use of the services, including our website(s), mobile application(s), electric scooters, and other products and services (collectively, the “Services”) provided by SuperFast Scooters, LLC and its parents, subsidiaries, representatives, affiliates, officers, and directors (collectively, “SuperFast,” “we,” “us” or “our”).

By accessing or using the Services, you agree to be bound by these Terms and accept all legal consequences. If you do not agree to these Terms, you may not use the Services.


  1  SCOPE OF SERVICES. SuperFast provides an online platform that allows users to rent and/or purchase electric scooters ("Scooters") from SuperFast. Users may rent Scooters by the day or purchase SuperFast's own-designed Scooters outright. All sales are final.

  2  USER REQUIREMENTS AND SAFETY. You must be at least 18 years old and able to enter into legally binding contracts to access and use the Services or rent/purchase Scooters. By accessing or using the Services, you represent and warrant that you are 18 or older and have the right, authority, and capacity to agree to these Terms. You agree to comply with all applicable laws, rules, regulations, and/or ordinances while using the Services and/or Scooters. You further agree to wear appropriate safety gear while riding a Scooter, including but not limited to a helmet, wrist guards, elbow and knee pads. SuperFast disclaims any liability arising from your failure to use appropriate safety gear or follow applicable laws.

  3  ASSUMPTION OF RISK; RELEASE OF LIABILITY. You acknowledge and agree that using Scooters involves inherent risks, dangers, and hazards and may result in injury or death. Risks include but are not limited to, road hazards, debris, uneven surfaces, collisions with vehicles, objects or persons, falls, equipment failure, and weather conditions. By using the Services and/or Scooters, you assume full responsibility for these risks, dangers, and hazards, and agree to use Scooters at your own risk. You, on behalf of yourself, your heirs, executors, administrators, and representatives, hereby fully release, waive, discharge and covenant not to sue SuperFast and its officers, directors, employees, contractors, consultants, agents, successors and assigns from any claims, demands, damages, losses, liabilities, rights, actions and causes of action whatsoever, arising out of or in any way related to the Services, Scooters, or these Terms.

  4  DISCLAIMER OF WARRANTIES. SUPERFAST'S SCOOTERS ARE PRODUCTS OF SUPERFAST'S DESIGN AND ARE PROVIDED "AS IS", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. SUPERFAST DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS. SUPERFAST DOES NOT WARRANT THAT THE OPERATION OF SCOOTERS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SCOOTERS OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SUPERFAST DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SCOOTERS IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.

  5  LIMITATION OF LIABILITY. IN NO EVENT SHALL SUPERFAST OR ITS DIRECTORS, OFFICERS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM YOUR ACCESS TO OR USE OF THE SERVICES AND/OR SCOOTERS. UNDER NO CIRCUMSTANCES WILL SUPERFAST BE RESPONSIBLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICES OR SCOOTERS OR THE INFORMATION CONTAINED THEREIN.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SUPERFAST ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICES OR SCOOTERS; ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES; ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY; ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES; AND/OR USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY.

IN NO EVENT SHALL SUPERFAST, OR ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES, BE LIABLE FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO SUPERFAST HEREUNDER.

THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF SUPERFAST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIABILITY LIMITATION SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

  6  INDEMNIFICATION. You agree to defend, indemnify and hold harmless SuperFast, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Services and/or Scooters, including your User Contributions, any use of the Services' content, services and products other than as expressly authorized in these Terms or your use of any information obtained from the Services.

  7  GOVERNING LAW. All matters relating to the Services and these Terms and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims) shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule.

  8  BINDING ARBITRATION. Any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by binding arbitration in Los Angeles, California. The arbitration shall be administered by JAMS or the American Arbitration Association (AAA) in accordance with their applicable rules and procedures. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.

  9  ARBITRATION RULES. The arbitration shall be conducted in accordance with the rules of the arbitration administrator (JAMS or AAA), except where those rules conflict with these Terms, in which case these Terms shall control. The arbitration shall be conducted by a single arbitrator, knowledgeable in the field of the dispute. The arbitrator shall be selected by mutual agreement of the parties. If the parties cannot agree, then the arbitration administrator will appoint the arbitrator. The arbitrator shall apply the substantive law of the State of California, exclusive of its conflict or choice of law rules. The arbitrator shall have the power to grant any remedy or relief that a court of competent jurisdiction could order or grant, including, without limitation, the issuance of an injunction. The arbitrator's award shall be in writing and shall provide the reasons for the award unless the parties agree otherwise. The arbitrator shall not have the power to commit errors of law or legal reasoning, and the award may be vacated or corrected on appeal to a court of competent jurisdiction for any such error.

  10  WAIVER AND SEVERABILITY. No waiver of by SuperFast of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of SuperFast to assert a right or provision under these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions will continue in full force and effect.

  11  ENTIRE AGREEMENT. The Terms and our Privacy Policy constitute the sole and entire agreement between you and SuperFast regarding the Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Services.

  12  CONTACT US. SuperFast welcomes your questions or comments regarding the Terms:


Email: scooters@superfastscooters.com

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SUPERFAST SCOOTERS TRUSTED TESTER AGREEMENT


This Trusted Tester Agreement (”Agreement”) governs your participation in the SuperFast Scooters, LLC (”SuperFast”) Trusted Tester Program (”Program”). By signing below, you (”Tester”) agree to be bound by this Agreement and the SuperFast Terms of Service (”Terms”), which are incorporated herein by reference.

  1  PROGRAM PARTICIPATION. Tester has been selected to participate in the Program and to provide feedback on SuperFast's electric scooters ("Scooters") before they are made generally available to the public. Tester acknowledges that the Scooters are in development and may contain defects, bugs, errors, or other problems.

  2  SCOOTER USE. SuperFast will provide the Tester with one or more Scooters for use during the Program. The tester agrees to use the Scooters only in accordance with the Terms and any additional guidelines provided by SuperFast. The tester acknowledges that using the Scooters carries risk and agrees to assume all such risks.

  3  FEEDBACK. The purpose of the Program is for the Tester to evaluate the Scooters and provide feedback to SuperFast. The tester agrees to promptly report any defects, bugs, errors, or other problems with the Scooters to SuperFast. The tester also agrees to provide SuperFast with other feedback as reasonably requested. SuperFast shall own all feedback provided by the Tester and may use such feedback for any purpose without compensation to the Tester.

  4  CONFIDENTIALITY. Tester agrees to keep all information about the Scooters and the Program confidential. This includes but is not limited to, not sharing screenshots, images, videos, or descriptions of the Scooters or the Program on social media, with the press, or with any third party.

  5  TERMINATION. SuperFast may terminate Tester's participation in the Program at any time and for any reason. Upon termination, Tester shall immediately cease using the Scooters and return them to SuperFast.

  6  LIABILITY. TESTER ACKNOWLEDGES THAT THE SCOOTERS ARE PROVIDED "AS IS" AND THAT SUPERFAST DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. IN ADDITION TO THE LIMITATIONS OF LIABILITY OUTLINED IN THE TERMS, TESTER AGREES THAT SUPERFAST SHALL NOT BE LIABLE FOR ANY DAMAGES RELATING TO TESTER'S PARTICIPATION IN THE PROGRAM OR USE OF THE SCOOTERS.


  7  MISCELLANEOUS. This Agreement constitutes the entire agreement between Tester and SuperFast concerning the Program. It shall be governed by California law, and any disputes shall be resolved through binding arbitration in Los Angeles, California, in accordance with the Terms.

By signing below, Tester acknowledges that they have read, understand, and agree to be bound by this Agreement and the Terms.

First Tester's Name

First Name*

Last Name*

Phone*
First Tester's Date of Birth*
First Tester's Signature*
Second Tester's Name

First Name*

Last Name*
Second Tester's Date of Birth*
Second Tester's Signature*
Third Tester's Name

First Name*

Last Name*
Third Tester's Date of Birth*
Third Tester's Signature*
Fourth Tester's Name

First Name*

Last Name*
Fourth Tester's Date of Birth*
Fourth Tester's Signature*
Fifth Tester's Name

First Name*

Last Name*
Fifth Tester's Date of Birth*
Fifth Tester's Signature*
Sixth Tester's Name

First Name*

Last Name*
Sixth Tester's Date of Birth*
Sixth Tester's Signature*
Seventh Tester's Name

First Name*

Last Name*
Seventh Tester's Date of Birth*
Seventh Tester's Signature*
Eighth Tester's Name

First Name*

Last Name*
Eighth Tester's Date of Birth*
Eighth Tester's Signature*
Ninth Tester's Name

First Name*

Last Name*
Ninth Tester's Date of Birth*
Ninth Tester's Signature*
Tenth Tester's Name

First Name*

Last Name*
Tenth Tester's Date of Birth*
Tenth Tester's Signature*
Parent or Guardian's Email Address

Email*

Confirm Email*
Check to receive information and updates via e-mail as we approach product launch.
Parent(s) or Court-Appointed Legal Guardian(s) must sign for any participating minor (those under 18 years of age) and agree that they and the minor are subject to all the terms of this document, as set forth above.


By signing below the Parent or Court-Appointed Legal Guardian agrees that they are also subject to all the terms of this document, as set forth above.
Parent or Guardian's Name

First Name*

Last Name*

Phone*
Parent or Guardian's Date of Birth*
Parent or Guardian's Signature*
Electronic Signature Consent*
 By checking here, you are consenting to the use of your electronic signature in lieu of an original signature on paper. You have the right to request that you sign a paper copy instead. By checking here, you are waiving that right. After consent, you may, upon written request to us, obtain a paper copy of an electronic record. No fee will be charged for such copy and no special hardware or software is required to view it. Your agreement to use an electronic signature with us for any documents will continue until such time as you notify us in writing that you no longer wish to use an electronic signature. There is no penalty for withdrawing your consent. You should always make sure that we have a current email address in order to contact you regarding any changes, if necessary.


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