Green SM - Terms and Policies

These Terms of Use (“Terms”) govern the relationship between Green Future California, Inc., a Delaware corporation, 9220 Irvine Center Drive, Irvine, CA 92618, (“Green SM” or “we” or “our”), and you, in connection with your use of (i) a Green SM transportation charter-party carrier (TCP) vehicle service within the State of California, (ii) the Application, (iii) the Platform, and/or (iv) the Services provided by Green SM as further defined herein. By using a TCP vehicle service, the Application, and/or the Platform, either as a requestor of the vehicle service or as a non-requesting passenger, each rider is agreeing to these Terms. If you use a TCP vehicle service, the Application, and/or the Platform on behalf of an organization, you are agreeing to these Terms on behalf of the organization. Your use of the TCP vehicle service, the Application, and/or the Platform is also governed by the applicable terms found on our website. These include but are not limited to the Green SM Privacy Policy. Green SM may from time to time adopt additional policies, rules, guidelines or codes of conduct relating to the use of the Application, the Platform and/or the Services (the "Policies"). The Policies as in effect and communicated to you from time-to-time form part of the Contract and apply to your use of the Application, the Platform and the Services. Please read these Terms and any applicable Policies referenced herein or on the Application or Platform carefully before installing or using the Application or accessing the Platform. By creating a User Account, by booking a Trip through the Application, or by riding in a TCP vehicle, you have agreed to enter into a legally binding agreement with Green SM consisting of these Terms including the Policies referenced herein (the “Contract”). PART A. TERMS OF USE 1. Definitions 1.1. “Applicable Law” means all statutes, regulations, executive orders, decisions and other legally binding requirements applicable to the Services provided by Green SM in California, including without limitation the California Public Utilities Code (including the Passenger Charter-Party Carriers’ Act), CPUC General Order 157-E, the California Consumer Legal Remedies Act, the California Unfair Competition Law, the California Consumer Privacy Act as amended by the California Privacy Rights Act, the Americans with Disabilities Act, the California Disabled Persons Act, and other applicable transportation laws, consumer protection laws, and data protection laws. 1.2. “Application” means the Green SM mobile application installed on mobile or other electronic devices, operated by Green SM and updated from time to time. 1.3. “Dispute Body” means the alternative dispute resolution body identified in Section 16 or, where applicable, the small claims court of the county in which the User resides. 1.4. “CCPA” means the California Consumer Privacy Act of 2018, as amended by the California Privacy Rights Act of 2020, and its implementing regulations. 1.5. “CPUC” means the California Public Utilities Commission. 1.6. “Customer” means any person who receives the Services, including the User and any passenger for whom the User has booked a Trip. 1.7. “Driver” means a driver who holds all licenses, permits, and certifications required under Applicable Law to provide a Trip, including a valid California driver’s license and any permits required by the CPUC for charter-party carrier operations, and provides the transportation for Trips sold through the Platform. 1.8. “Fare” means the total price payable by the User to Green SM for a Trip as displayed in the Application before booking confirmation, including all applicable taxes, fees, and charges. The Fare includes any disclosed booking or platform fee. In accordance with California law, the Fare displayed will include all mandatory fees or charges, other than government-imposed taxes or fees on the transaction. Bridge, ferry and road tolls, parking fees and similar third-party charges actually incurred in connection with the Trip may be added to the Fare as separately disclosed after completion of the Trip, to the extent permitted under Applicable Law. 1.9. “Green SM” (“we”, “us”) means Green Future California, Inc. 1.10. “Platform” means the Green SM technology platform, comprising the Application, and associated software, portals and websites operated by Green SM, through which Users may request and manage the Services. 1.11. “Services” means (a) the passenger transportation services provided by Green SM; and (b) the related digital services made available through the Application, such as booking, trip tracking, payment, and customer support. 1.12. “Trip” means a prearranged transportation journey determined by the pickup point and one or more drop-off points, agreed between the Customer and Green SM through the Application. 1.13. “User” means any individual who creates a User Account and uses the Application, the Platform and/or the Services. 1.14. “User Account” means the account created and activated by the User in the Application for the purpose of accessing and using the Services. 1.15. “Vehicle” means a passenger car meeting the requirements of Applicable Law, including CPUC vehicle registration and equipment list requirements under General Order 157-E, and used to provide the Trip. 2. Structure of the Contract and Role of Green SM 2.1. The Contract consists of these Terms and any Policies referenced herein, as such Terms or Policies may be updated by Green SM from time to time in accordance with Section 14.10. 2.2. Green SM will provide Services in its capacity as a holder of a Transportation Charter-Party Carrier (TCP) certificate issued by the CPUC pursuant to the Passenger Charter-Party Carriers’ Act and in compliance with CPUC General Order 157-E. Green SM maintains the insurance coverage required under Cal. Pub. Util. Code § 5391 and CPUC General Order 115-G. 2.3. The Services are available in the coverage areas shown in the Application from time to time. Green SM may adjust coverage areas and service types in its sole discretion. Adjustments do not affect confirmed bookings. 3. User Account and eligibility 3.1. To use the Services you must create a User Account in the Application. You may be asked to provide certain personal details, such as your name, mobile number and email address, and, if you wish to pay using the Application, at least one valid payment method. Your personal data is processed as described in Green SM’s Privacy Policy (See Section 12). 3.2. You must be at least 18 years of age and have legal capacity to enter into the Contract in order to create a User Account or purchase Services. Persons under the age of 18 may travel as passengers in accordance with Green SM's policy on minors. For minors to ride as your guest, you represent and warrant that: (1) you are, or have obtained consent from, the parent or legal guardian of the minor(s); (2) you will accompany the minor(s) for the entire Trip; and (3) you will ensure the minor(s) remains appropriately seated with their seatbelt properly fastened for the duration of the entire Trip. Please refer to California law regarding specific height, age, and weight requirements and recommendations for using child restraint systems. Green SM will not be responsible for any claim, liability, loss, or damage arising from or relating to a failure to use, or the improper installation or other misuse of, a child restraint system. 3.3. You agree to keep your account information accurate, complete and up to date. You should take reasonable steps to keep your login credentials and device secure and notify Green SM without undue delay if you become aware of any unauthorized access to or use of your User Account. You are responsible for bookings made through your User Account unless the unauthorized use was not attributable to you or Applicable Law provides otherwise. 3.4. To protect your account and prevent unauthorized access and fraud, Green SM may from time to time ask you to verify your identity, contact details, login details, or payment method, and may, where objectively justified, restrict access to the User Account or to payment functions within the Application until the verification is completed. 3.5. The User Account is personal and may not be transferred or sold. Where the Application permits it, you may book a Trip on behalf of another person. If you do, you represent and warrant that you are authorized to accept these Terms on that person’s behalf, that you have made these Terms available to them, and that you remain responsible for payment of the Fare and for their compliance with these Terms. Where the Application permits it, you may bring guests; in that case you remain responsible for payment of the Fare, and you must ensure that all passengers are informed of the applicability of these Terms. 4. Booking and conclusion of the contract of carriage 4.1. You may request a Trip by entering the pickup point, destination(s) and preferred service type in the Application. All Trips are prearranged; Green SM does not offer immediate hail or curbside dispatch. Before you confirm the booking, the Application will display the total Fare, inclusive of all mandatory fees and charges other than government-imposed taxes (and excluding any toll, bridge or other charges that may be dependent on the route taken for the Trip), as either (i) a fixed price for the Trip, or (ii) a fare estimate based on Green SM’s fee schedule, together with any applicable fees. A binding contract of carriage for the Trip is concluded when Green SM accepts your booking in the Application and a Driver and Vehicle are assigned to your booking. 4.2. Where a fixed price for the Fare has been agreed in the Application, that price is binding for the Trip booked, provided the Trip details (pickup, destination(s), stops and service type) remain unchanged. If you change the destination, add stops or otherwise change the Trip during the ride, the Fare will be recalculated in accordance with Green SM’s fee schedule or a new fixed price offered in the Application. 4.3. Where the Application offers fare-estimate Trips, the Fare is calculated in accordance with Green SM’s fee schedule and Applicable Law. Any surge or dynamic pricing multiplier in effect at the time of booking will be clearly disclosed in the Application before you confirm the booking. Where the Application allows you to book a Trip for a later time, Green SM will use commercially reasonable efforts to have a Vehicle at the pickup point at the agreed time. If Green SM is unable to perform a confirmed scheduled Trip, we will notify you as soon as possible and you will not be charged for the Trip. 4.4. Green SM may decline a booking on objective grounds, for example where no Vehicle is available in the area, where the requested Trip would be unlawful or unsafe, where required payment authorization fails, or where the User Account has been suspended under Section 14. Green SM does not refuse carriage on the basis of race, national origin, religion, gender, gender identity or expression, physical or mental disability, medical condition, marital status, age or sexual orientation, or other unlawfully discriminatory grounds, and no charge is made for an accompanying wheelchair, guide or assistance dog or similar mobility aids. 4.5. The contract of carriage is concluded electronically through the technical steps described in this Section 4. You enter the Trip details, review the displayed price and terms, and confirm the booking, after which Green SM accepts the booking. These Terms are stored by Green SM and remain accessible in the Application, and the details of each concluded Trip are stored and available to you in your Trip history in the Application. 5. Fares and price information 5.1. Green SM’s fee schedule, including the rates and the prices of any ancillary services, is available in the Application. Green SM's fee schedule, including the rates and the prices of any ancillary services, is calculated on a vehicle mileage or time-of-use basis, or a combination of both. Charges are assessed for the charter of the Vehicle by the User and are not individual per-passenger fares. Fixed prices offered in the Application may vary depending on time, distance, and route at the time of booking. The price applicable to your Trip is always displayed before you confirm the booking. 5.2. The Fare does not include bridge, ferry and road tolls, parking fees or similar third-party charges actually incurred for your Trip, which will be added to the Fare at actual cost incurred by Green SM after conclusion of the Trip (as such charges may be dependent on the route taken for the Trip based on traffic or other conditions). 5.3. Fare estimates shown in the Application for non-fixed-price Trips are estimates only and should not be considered fixed prices as specified in Section 4.2. The final Fare may differ due to route, traffic, and changes requested by you and will be itemized on your receipt. After each Trip you will receive a digital receipt containing the information required under Applicable Law. Receipts are available in the Application under Trip history and can be sent by email upon request. 5.4. If you believe you have been charged incorrectly, please contact Green SM support (Section 15). Where a charge is found to be incorrect, Green SM will correct it and refund any overpayment without undue delay and no later than 14 days after the refund is determined, using the same means of payment you used, unless you expressly agree otherwise. You will not be charged any fee for the refund. 6. Payment 6.1. Available payment methods are displayed in the Application before you confirm the booking. Payment for Trips booked through the Application is made through the Application; Green SM does not accept cash payment for such Trips (see CA.5). 6.2. In-app payments are processed by licensed payment service providers engaged by Green SM. Your card details are collected and processed by the payment provider in accordance with applicable payment services law. By adding a payment method you authorize the payment provider to charge the Fare and any other amounts properly payable under the Contract (e.g., cancellation fees under Section 7) to that payment method. 6.3. Green SM does not add surcharges for payment with consumer payment cards where such surcharges are prohibited under Applicable Law. Any lawful payment-related fees will be disclosed before you confirm the booking. 6.4. If a payment fails or is charged back, Green SM may require an alternative payment method and may suspend in-app payment (but not your ability to pay by other offered means) until outstanding amounts are settled. With prior notice and an itemization, Green SM may collect amounts properly due but not yet paid by charging your registered payment method where available, or require that such amounts are settled before or together with the payment for your next booking. Statutory default interest and reasonable reminder fees may be applied to overdue amounts in accordance with Applicable Law. 6.5. If an amount has been charged, collected or paid out in error, each party will assist in correcting the error. Green SM will refund overcharges as described in Section 5.4, and you agree that Green SM may, with prior notice and an itemization, recover amounts that were due but not collected, or that were refunded or paid out to you in error. You will not be charged any fee for corrections attributable to Green SM. 6.6. Your own bank or payment provider may charge you fees in connection with a payment, such as international transaction or currency conversion fees. Such fees are outside Green SM’s control, are not part of the Fare and are not received by Green SM; please check the terms of your payment provider. 6.7. Tips are entirely voluntary. Where the Application allows you to add a tip after a Trip, the applicable tipping terms, including how tips are handled and paid out, will be disclosed in the Application. 6.8. Where the Application offers invoicing or business-account features, supplementary terms presented at activation apply. 7. Cancellation and no-show 7.1. You may cancel a booking in the Application at any time before the Trip begins. Cancellation is free within the time window disclosed in the Application. If you cancel after a Vehicle has been dispatched and outside the free window, or if you do not appear at the pickup point within the waiting period disclosed in the Application, Green SM may charge the reasonable cancellation/no-show fee disclosed in the Application and in the fee schedule, reflecting the costs incurred. 7.2. You will always be informed of the applicable cancellation terms, including any fee and the free cancellation window, before you confirm a booking. 7.3. If Green SM cancels a confirmed booking, or the Vehicle fails to arrive at the pickup point, you will not be charged for the Trip, and Green SM will use reasonable efforts to assign another Vehicle to you as soon as possible if you still require the Trip. 7.4. The Driver may refuse to commence or may terminate a Trip on objective safety or legal grounds, for example where a Customer behaves in a threatening or abusive manner, is heavily intoxicated and unaccompanied, refuses to wear a seatbelt, attempts to transport prohibited items, or where more passengers arrive than the Vehicle is registered to carry. Where a Trip has not commenced, the applicable cancellation or no-show policy may apply. Where a Trip has commenced, Green SM may charge for the portion of the Trip already performed, where permitted by Applicable Law and the applicable fee schedule. 8. Subscriptions, vouchers, gift cards and promotions 8.1. Green SM may from time to time offer subscriptions, benefit packages, vouchers and gift cards for purchase in the Application. This Section 8 applies only to those products Green SM in fact makes available, and Green SM is under no obligation to offer any of them. The price, term, renewal and cancellation conditions will be presented clearly and conspicuously before purchase. Subscriptions that renew automatically will be presented in accordance with California’s Automatic Renewal Law, including clear and conspicuous disclosure of the automatic renewal terms, a requirement to obtain your affirmative consent, and provision of an acknowledgment that includes the automatic renewal terms, cancellation policy, and information regarding how to cancel. Automatically renewing subscriptions can be cancelled at any time with effect from the end of the current billed period. 8.2. If you purchase a subscription, voucher or gift card, you may cancel and obtain a refund within the timeframes and in the manner permitted by Applicable Law. For automatically renewing subscriptions, you may cancel at any time and will not be charged for any renewal period following cancellation. Cancellation mechanisms will be provided in the Application in a manner that is as easy to use as the mechanism for subscribing. 8.3. Gift cards, prepaid credit and other paid electronic value issued by Green SM shall not bear an expiration date, service fee, or dormancy fee, and shall be valid until redeemed or replaced. Promotional codes and campaign benefits (each a “Promotion”) are provided free of charge and are subject to the specific campaign terms disclosed with the Promotion, including validity period and scope. Promotions are personal, may not be sold or transferred unless the campaign terms allow it, have no cash value, cannot be redeemed for cash and may be withdrawn in case of misuse or fraud. For the avoidance of doubt, the redemption right in Section 8.3 applies only to gift cards, vouchers, and credit purchased for consideration, not to free Promotions. 9. Your use of the Services 9.1. When using the Application and the Services, you agree that you will: a. use the Application, the Platform and the Services only for lawful purposes and in accordance with these Terms; b. provide accurate and complete information when creating your User Account and when booking Trips; c. comply with the Driver’s reasonable safety instructions, use seatbelts as required by Applicable Law, and ensure that children travelling with you are secured in accordance with Applicable Law (the option to request a child seat when booking will be provided but availability is not guaranteed); d. not smoke (including e-cigarettes) or consume alcohol or controlled substances in the Vehicle, and not bring open food or drink likely to soil the Vehicle; e. not bring dangerous, illegal or prohibited items into the Vehicle (including weapons, explosives, and illegal substances). Luggage and other items may be brought in accordance with Applicable Law and the practical guidance in the Application. You remain responsible for your luggage during the Trip; f. not use the Services to transport sensitive, perishable, fragile, irreplaceable or unusually valuable items requiring special handling. Such items are carried at your own care and risk; g. not harass, threaten or discriminate against Drivers, other Customers or Green SM staff, and not damage the Vehicle. You are liable for damage to or extraordinary soiling of the Vehicle caused by you or by passengers you have booked for, and Green SM may charge you the documented, reasonable cost of cleaning or repair; h. not submit false or abusive bookings or repeatedly cancel bookings without legitimate reason, and not misuse Promotions; i. not interfere with, reverse engineer, scrape or disrupt the Application or the Platform, or use them to develop a competing service; j. only bring pets or other animals in accordance with the pet policy shown in the Application. Service animals, as defined by the Americans with Disabilities Act (ADA) and the California Disabled Persons Act, are always permitted to accompany disabled riders in TCP vehicles, free of charge. Green SM will not assess fees for hair or shedding caused by a service animal, but you may be charged reasonable repair or cleaning fees for any damage caused by your service animal; and k. bear your own telecommunications charges incurred in using the Application. 9.2. If Green SM has objective indications of fraud, misuse of the Platform or of Promotions, or another breach of these Terms, you agree to cooperate reasonably and in good faith with Green SM’s investigation of the matter. Green SM may report unlawful activity to the police or other competent authorities where required or permitted by Applicable Law. 9.3. Please check that you have all your belongings before leaving the Vehicle. If you have left an item in a Vehicle, contact support via the Application as soon as possible and we will help trace it. Found items are handled in accordance with Applicable Law on found property. Items that are not collected or returned may be handed over to the police. Green SM may charge the documented, reasonable cost of returning an item to you (e.g., delivery by taxi) if you request this and agree to the cost in advance. Green SM is not responsible for lost, abandoned, or stolen belongings of any kind. 10. Ratings, reviews and User Content 10.1. The Application may allow you to rate Trips and submit feedback, support requests or other content (“User Content”). You retain ownership of your User Content. You grant Green SM a non-exclusive, royalty-free, worldwide license to use, reproduce and display User Content for the purposes of operating, improving and promoting the Services, for as long as your User Content is retained. Where User Content contains personal data, our processing is governed by the Privacy Policy. 10.2. You must not submit User Content that is unlawful, defamatory, hateful, obscene or infringes third-party rights. Green SM may remove such content and may use ratings and feedback in its quality and safety work. 11. Intellectual property 11.1. All intellectual property rights in and to the Application, the Platform, the Green SM trademarks and related materials are owned by Green SM, its group companies or its licensors. You are granted a personal, non-exclusive, non-transferable, revocable license to install and use the Application for your own use of the Services in accordance with these Terms. Nothing in the Contract transfers any intellectual property rights to you. 11.2. If you download the Application from a third-party app store (e.g., Apple App Store or Google Play), the store’s own terms also apply to the download and updates. The app store operator is not a party to the Contract and is not responsible for the Services. Any claims relating to the Services should be directed to Green SM. 12. Personal data 12.1. Green SM processes your personal information in accordance with the CCPA in accordance with the Privacy Policy available in the Application and at our website. Categories of personal information collected may include identifiers (such as your name, email address, and phone number), geolocation data (including precise geolocation from the Application), commercial information (such as Trip history and payment records), internet or electronic network activity information, and inferences drawn from the foregoing. Green SM collects and uses your personal information for the purposes of providing the Services, processing payments, and ensuring safety and compliance and otherwise as set forth in our Privacy Policy. 12.2. Under the CCPA, California residents have the following rights with respect to their personal information: (a) the right to know what personal information Green SM has collected, used, disclosed, or sold; (b) the right to delete personal information, subject to certain exceptions; (c) the right to correct inaccurate personal information; (d) the right to opt out of the sale or sharing of personal information to third parties; and (e) the right to limit the use and disclosure of sensitive personal information. Green SM will not discriminate against you for exercising any of these rights. To submit a request, please use the methods described on our website or in the Privacy Policy. Green SM will respond to verifiable consumer requests within forty-five (45) days of receipt, and may extend that period by up to an additional forty-five (45) days where permitted, with notice to you, as required by Applicable Law. Requests may be submitted by an authorized agent. Because the Application collects precise geolocation data, which is sensitive personal information under the CCPA, Green SM provides a “Limit the Use of My Sensitive Personal Information” link or equivalent mechanism, and the Privacy Policy states, for each category of personal information, the categories collected, the purposes of collection, and the retention period or the criteria used to determine it. If Green SM sells or shares your personal information, we will provide a “Do Not Sell or Share My Personal Information” link on our homepage. Green SM will honor opt-out preference signals recognized under the CCPA and its implementing regulations. 12.3. Applicable Law, including CPUC General Order 157-E, may require Green SM to record and retain certain information about every Trip (including the time and date the charter was arranged, how it was arranged, the number of persons in the group, at least one passenger name or identifying information, and origin and destination points) and to make such information available to CPUC, airport enforcement, or local authorities upon request. Any such statutory recording obligations are described in our Privacy Policy. Vehicles may be equipped with safety equipment (e.g., dashcams or interior cameras) to the extent permitted by Applicable Law. Where used, this will be clearly signposted in the Vehicle. Where such equipment records audio, Green SM will obtain the consent of all parties to the communication, or will operate the equipment with audio recording disabled. 13. Electronic marketing 13.1. Green SM will only send you marketing by email, SMS or push notification if you have given your consent in accordance with Applicable Law, or where otherwise permitted by law (e.g., service messages about your Trips, receipts and safety notifications, which are not considered marketing). You can withdraw your consent at any time free of charge in the Application settings or via the unsubscribe link in each message. 14. Availability, liability, suspension and termination 14.1. Green SM aims to keep the Application available at all times but does not guarantee uninterrupted or error-free operation. The Application may be temporarily unavailable due to, e.g. maintenance, updates, or failures in networks, devices or third-party services. Where the Application is unavailable, you may book by other channels where offered. Green SM is not responsible for failures attributable to your own device, connectivity or incorrect information provided by you. 14.2. Green SM does not guarantee that a Vehicle will be available at any given time or place. A booking is only binding once accepted (Section 4.1). Confirmed bookings, including confirmed scheduled Trips, are performed in accordance with the Contract. 14.3. Nothing in these Terms excludes, limits or restricts Green SM's liability to the extent such liability cannot be excluded or limited under Applicable Law, including liability for death or personal injury, damage covered by mandatory motor vehicle third-party liability legislation, liability arising from fraud, misrepresentation or concealment of a material fact, liability arising from gross negligence or willful misconduct, and any liability or remedy that cannot lawfully be limited or waived under California consumer protection law. 14.4. Subject to Section 14.3, Green SM is not liable for indirect or consequential losses, such as loss of profit, in connection with your use of the Services. If you have informed Green SM at booking of a specific, time-critical purpose (e.g., a flight or train departure) and a delay attributable to Green SM causes you a documented loss, Green SM’s liability for that loss is limited to the Fare for the affected Trip. We recommend allowing adequate time and using the scheduled-trip feature for time-critical journeys. 14.5. You agree to indemnify, defend and hold harmless Green SM and its officers, directors, employees, agents, affiliates, successors and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys’ fees, arising out of or relating to: (a) your use or misuse of the Services, the Application, or any TCP vehicle service; (b) your breach of these Terms; (c) your violation of any Applicable Law; or (d) the conduct of any passenger you have invited or permitted to ride in a TCP vehicle. This Section applies only to third-party claims and does not require you to indemnify Green SM for any unconscionable commercial practice by Green SM, for Green SM’s negligence, gross negligence or willful misconduct, or for Green SM’s , misrepresentation, or concealment of any material fact in connection with the Services. 14.6. You are liable in accordance with Applicable Law for losses you cause to Green SM and its officers, directors, employees, agents, affiliates, successors and assigns, including damage to Vehicles (Section 9) and losses caused by your breach of these Terms or misuse of your User Account. 14.7. Green SM may suspend or restrict your User Account, with notice stating the reason, where there are objective grounds, including: (i) material or repeated breach of these Terms; (ii) fraud, misuse of Promotions or chargebacks; (iii) threatening, violent or harassing behavior toward Drivers or staff; or (iv) where required by law or by order of an authority. Where the circumstances allow, Green SM will give you an opportunity to remedy the matter before termination. Suspension of the User Account does not affect accrued rights, including your right to refunds properly due and your access to the complaints procedure in Section 15. 14.8. Green SM may terminate the Contract by giving you at least 30 days’ notice in a durable medium, for example where Green SM discontinues the Services. Ordinary termination does not affect confirmed bookings, accrued rights, including refunds properly due and remaining gift-card or prepaid value in accordance with Section 8.3, or your access to the complaints procedure in Section 15. Green SM’s rights under Section 14.7 remain unaffected. 14.9. You may stop using the Services and delete your User Account at any time in the Application or by contacting support. Deletion of the account does not affect payment obligations already incurred, and Green SM will retain data only as required or permitted by Applicable Law (see the Privacy Policy and Section 12). 14.10. Green SM may amend these Terms. Material changes to your detriment will be notified in the Application and/or by email at least thirty (30) days before they take effect. If you do not accept a material change, you may terminate free of charge with effect from the date the change takes effect. Changes required by law, changes to fares made in accordance with Section 5.1, and changes that are neutral or to your benefit may take effect with shorter or no notice if allowed according to Applicable Law. The current version of the Terms is always available in the Application. 14.11. Neither party is liable for failure to perform its obligations (other than payment obligations already incurred) to the extent performance is prevented by extraordinary circumstances beyond that party’s reasonable control which could not reasonably have been foreseen or avoided, such as natural disasters, extreme weather, war, acts of authorities, road closures, strikes or lockouts (other than those limited to Green SM’s own workforce), or widespread failures of power, telecommunications or payment infrastructure. Affected obligations are suspended for the duration of the impediment. If a Trip cannot be performed for such reasons, you will not be charged for it. 15. Customer support and complaints 15.1. You can reach Green SM customer support in the Application or by contacting us at the email address or telephone number provided in the California Schedule (Part B). 15.2. If you are dissatisfied with a Trip, for example the price charged, the route taken, a delay, the Driver’s service, or damaged luggage, please submit a complaint via the Application or by contacting Green SM support. To help us handle your complaint, please state the date, start and end time of the Trip and the pickup/drop-off addresses (available in your Trip history). Green SM will acknowledge and respond to complaints within a commercially reasonable period of time. 15.3. If you are not satisfied with the outcome of your complaint to Green SM, you may, after first having complained to Green SM, bring the complaint before the Dispute Body. California consumers may also: (1) contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at 1 (800) 952-5210; or (2) submit a complaint to the CPUC on their website at https://cims.cpuc.ca.gov/complaints/Home/FileComplaint. 15.4. Nothing in this Section 15 limits your right to bring a dispute before the Dispute Body (Section 16). 16. Agreement to arbitrate; Dispute resolution 16.1. The Contract is governed by the laws of the State of California, without regard to its conflict of laws principles. For any claims not subject to arbitration, disputes shall be brought exclusively in the state or federal courts located within the State of California, and you consent to personal jurisdiction in those courts. 16.2. If you have a concern or dispute, you must first send a written notice describing it and your desired resolution to Green SM per the contact specified in the California Schedule (Part B). The parties shall first attempt in good faith to resolve any dispute set forth in the written notice by negotiation and consultation between themselves. If the concern is not resolved within sixty (60) days of Green SM’s receipt of the written notice, you agree that any dispute arising out of or relating to any aspect of the relationship between you and Green SM will not be decided by a judge or jury but instead by a single arbitrator in an arbitration administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules then in effect, as modified by these Terms. The AAA’s Consumer Arbitration Rules govern the allocation of filing, administrative and arbitrator fees, and Green SM will pay all fees for which it is responsible within the time required by Applicable Law. The arbitrator has exclusive authority to resolve any dispute concerning the interpretation, applicability or formation of this agreement to arbitrate, except that only a court may decide the scope or enforceability of Section 16.3. This includes claims arising under this Agreement, such as claims related to statements about our Services. Any arbitration must be conducted within California and under the substantive law of the State of California. 16.3. The arbitrator may only resolve disputes between you and Green SM, and may not consolidate claims without the consent of all parties. The arbitrator cannot hear class or representative claims or requests for relief on behalf of others using a TCP vehicle, the Application, or the Services. Notwithstanding the foregoing, nothing in these Terms waives any right to seek public injunctive relief; any claim for public injunctive relief is severed from arbitration, may be brought only in a court of competent jurisdiction, and shall be stayed pending arbitration of all arbitrable claims. In other words, you and Green SM may bring claims against the other only in your or its individual capacity and not as a plaintiff or class member in any class or representative action. If a court or arbitrator decides that any part of this agreement to arbitrate cannot be enforced as to a particular claim for relief or remedy, then that claim or remedy (and only that claim or remedy) must be brought in court and any other claims must be arbitrated. 16.4. Notwithstanding the foregoing, if you prefer, you may instead take an individual dispute to small claims court in California, provided the dispute qualifies for adjudication under California’s small claims rules. 16.5. You may opt out of this arbitration provision within thirty (30) days after first accepting these Terms by sending a letter to: Green Future California, Inc., 9220 Irvine Center Drive, Irvine, CA 92618, stating your name, primary address, telephone number, email address, and intent to opt out of the arbitration provision. If you do not opt out, this agreement to arbitrate overrides any different arbitration agreement between the parties. 17. General provisions 17.1. Green SM may give you notices via the Application, by email to your registered email address, or by other durable medium. You may give notice to Green SM through the Application. 17.2. You may not transfer the Contract without Green SM’s consent. Green SM may transfer the Contract to a group company or in connection with a transfer of the business, provided the transfer does not diminish your rights under the Contract. 17.3. If any provision of these Terms is held invalid or unenforceable, the remaining provisions remain in force, and the invalid provision shall be replaced by a valid provision that most closely reflects its purpose. 17.4. The Contract, and any supplementary service terms, constitutes the entire agreement between you and Green SM concerning the Services and supersedes prior agreements on the same subject matter, without prejudice to rights already accrued. 17.5. Provisions which by their nature are intended to apply after the end of the Contract, including payment obligations already incurred, remain in force after the Contract ends. PART B, CALIFORNIA SCHEDULE This California Schedule applies where the Services are provided in the State of California. It supplements the Terms of Use and, in case of any inconsistency, prevails over them. Terms defined in the Terms of Use have the same meaning in this California Schedule. CA.1 Contracting Entity. Your contracting party is Green Future California, Inc. (“Green SM”), a company incorporated under the laws of Delaware, with its principal place of business at 9220 Irvine Center Drive, Irvine, CA 92618. Green SM holds a Transportation Charter-Party Carrier (TCP) certificate issued by the California Public Utilities Commission (CPUC), TCP Certificate No. 49276-A. CA.2 Regulatory Status and Insurance. Green SM operates as a licensed charter-party carrier of passengers under the Passenger Charter-Party Carriers’ Act (Cal. Pub. Util. Code § 5351 et seq.), and CPUC General Order 157-E. Green SM provides prearranged transportation services; Trips are not available for immediate street hail. Green SM is your contractual counterparty for the transportation services, and when you book a Trip, a contract of carriage is concluded directly between you and Green SM. Green SM is responsible for the performance of the Trip in accordance with the Contract and Applicable Law, including the conduct of Drivers performing Trips. All Trips are performed by Drivers holding valid California driver’s licenses and any permits required by the CPUC for TCP operations, using Vehicles registered on Green SM’s CPUC equipment list and meeting all applicable California Vehicle Code and safety requirements. Green SM maintains the liability insurance required under Cal. Pub. Util. Code § 5391 and CPUC General Order 115-G, including commercial general liability insurance and motor vehicle liability insurance covering bodily injury, death, and property damage arising from TCP operations. CA.3 Applicable Law; Services. For California, Applicable Law includes in particular the California Public Utilities Code (including the Passenger Charter-Party Carriers’ Act), CPUC General Orders 157-E and 115-G, the California Consumer Legal Remedies Act (Cal. Civ. Code § 1750 et seq.), the California Unfair Competition Law (Cal. Bus. & Prof. Code § 17200 et seq.), the California Consumer Privacy Act as amended by the California Privacy Rights Act (Cal. Civ. Code § 1798.100 et seq.), the California Automatic Renewal Law (Cal. Bus. & Prof. Code § 17600 et seq.), the Americans with Disabilities Act, the California Disabled Persons Act (Cal. Civ. Code § 54 et seq.), the California Unruh Civil Rights Act (Cal. Civ. Code § 51), the California Vehicle Code, and applicable federal, state, and local laws governing transportation, consumer protection, privacy, accessibility, and employment. The Services consist of prearranged passenger transportation services provided by Green SM as a licensed charter-party carrier. CA.4 Fares, Pricing and Receipts. Green SM’s fares are available in the Application. In accordance with Cal. Civ. Code § 1770(a)(29) (SB 478), all prices displayed in the Application will include all mandatory fees and charges, other than government-imposed taxes or fees. Where dynamic or surge pricing is in effect, the applicable multiplier or increased rate will be clearly and conspicuously disclosed before booking confirmation. The digital receipt provided after each Trip will contain the date and time of the Trip, pickup and drop-off points, distance traveled (if applicable), the total Fare paid (with itemization of charges), and information identifying the Vehicle and Driver, as required by CPUC General Order 157-E and Applicable Law. CA.5 Payment. In the Application, you may pay by credit card, debit card, or other payment methods displayed before booking. Green SM does not accept cash payment for trips booked through the Application. Green SM does not add surcharges for consumer payment card usage. Sales tax, if applicable, will be separately stated on your receipt. CA.6 Automatic Renewal; Gift Cards. Automatically renewing subscriptions are offered in compliance with the California Automatic Renewal Law (Cal. Bus. & Prof. Code § 17600 et seq.). Terms of any automatic renewal, including the price and frequency of charges, will be clearly and conspicuously disclosed before you subscribe, and your affirmative consent will be obtained. You will receive a post-purchase acknowledgment containing the automatic renewal terms, cancellation policy, and instructions for how to cancel. Gift cards, prepaid credit and other paid electronic value issued by Green SM shall not bear an expiration date, service fee, or dormancy fee, and shall be valid until redeemed or replaced in accordance with Cal. Civ. Code § 1749.5. CA.7 Accessibility and Service Animals. Green SM complies with the Americans with Disabilities Act, the California Disabled Persons Act (Cal. Civ. Code § 54 et seq.), and the California Unruh Civil Rights Act (Cal. Civ. Code § 51). Service animals are permitted on all rides at no additional charge. Green SM will not deny service, charge extra, or impose conditions on riders with disabilities or riders accompanied by service animals. Green SM will make reasonable accommodations for riders with disabilities, including those who use wheelchairs or other mobility devices, to the extent that the Vehicle can safely accommodate such devices. Requests for accessible vehicles or accommodations may be submitted through the Application. CA.8 Privacy and Data Protection. Green SM’s processing of personal information is governed by the CCPA (Cal. Civ. Code § 1798.100 et seq.). Green SM implements and maintains reasonable security procedures and practices appropriate to the nature of the personal information collected, as required by Cal. Civ. Code § 1798.81.5. As a licensed TCP carrier, Green SM records and retains Trip data as required by CPUC General Order 157-E. CA.9 Support, Complaints. and Dispute Resolution. You can reach Green SM customer support in the Application, by email at USDPO@greensm.com. Complaints may be submitted via the Application. Green SM will acknowledge and respond to complaints within a commercially reasonable period. If you are not satisfied with the outcome of your complaint to Green SM, you may bring your dispute in accordance with Section 16, or, for eligible disputes, in small claims court, in accordance with Cal. Civ. Code § 1799.209. California consumers may also: (1) contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at 1 (800) 952-5210; or (2) submit a complaint to the CPUC on their website at https://cims.cpuc.ca.gov/complaints/Home/FileComplaint. Claims concerning personal injury or property damage arising from a motor vehicle accident are handled via Green SM support and, where relevant, the motor vehicle liability insurance described in CA.2. CA.10 Governing Law, Venue and Language. This California Schedule and the Contract are governed by the laws of the State of California, without regard to its conflict of laws principles. CA.11 Contact Information. Green Future California, Inc. Address 9220 Irvine Center Drive, Irvine, CA 92618,. Email: US.Legal.us@greensm.com. CPUC TCP Certificate No. 49276-A.