City of San Francisco Municipal Transportation Agency POWERED SCOOTER SHARE PROGRAM PERMIT APPLICATION June 7 2018 Confidential COVER LETTER June 7, 2018 San Francisco Municipal Transportation Agency Powered Scooter Share Program Attn: Miriam Sorell 1 South Van Ness Avenue, 7th Floor San Francisco, CA, 94103 Dear Ms. Sorell and the SFMTA Powered Scooter Share Program Permit Selection Committee, Social Bicycles LLC, d/b/a/ JUMP Bikes (“JUMP”), a subsidiary of Uber Technologies, Inc. (“Uber”), in partnership with Uber, is pleased to submit a permit application for the Powered Scooter Share Program.1 We are confident that we meet or exceed all of the criteria and requirements and look forward to starting a discussion with the SFMTA about launching a permitted, responsible scooter program in San Francisco. We look forward to building on our existing partnership with the SFMTA and other city agencies as we expand sustainable mobility access for San Franciscans. The enclosed document outlines our vision to operate powered scooters across the City. Shared Scooters in San Francisco JUMP has already proven that pedal assist bikes are a viable replacement for personal car use. Popular amongst riders, the pedal assist technology deployed in JUMP bikes makes longer trips easier and is emerging as a viable point-to-point solution for commuters. JUMP bikes are seeing high utilization rates at 10 trips per bike per day, and have expanded the average distance traveled by bike in San Francisco by a factor of three. We believe scooters also have the potential to reduce short auto trips and provide a low-cost transportation option for every resident of San Francisco, further limiting the need for personal car ownership and trips in dense urban communities. For that reason, we applaud the City’s decision to directly address powered scooters on city streets, and we look forward to working closely with the SFMTA and other partner agencies to develop a process that respects the public right of way and ensures an organized and well-managed program for riders and non-riders alike. In particular, we appreciate the City’s focus on equity, a core value that we share and have built into the JUMP experience. JUMP’s equity-focused Boost Plan has helped San Franciscans access bike share and, together with Uber, we plan to expand this program to scooters. The Boost Plan allows San Franciscans to ride JUMP e-bikes or scooters for up to 60 minutes every day for only $5 for the first year. As SFMTA knows, we also work to integrate the communities we serve into our shared mobility programs through local hiring, community outreach, and inclusive marketing. We believe that by operating scooters as well as bikes, JUMP will be able to further expand access to affordable, environmentally sustainable and flexible transportation options. 1 Uber and JUMP have formed a new subsidiary, Social Scooters LLC, as the formal applicant for this permit. jumpbikes.com Page 2 Confidential COVER LETTER JUMP & Uber This April, JUMP and Uber announced that our two companies will build a new shared mobility platform together. We are excited for the future of urban mobility and are eager to work with other Uber partners, like Getaround and Masabi, to create a mobility-as-a-service platform. This vision of integrated mobility has been a goal in the transportation community for years and we are thrilled to be making this vision a reality with Uber. Uber’s partnership with JUMP brings together JUMP’s unique expertise in bike share product and operations with Uber’s expansive rider base and business resources. As we look to expand our e-mobility offering to include scooters, JUMP and Uber are eager to find new ways to optimize operations and provide an excellent rider experience. Most importantly, we plan to leverage Uber’s network to detail safe riding messaging to ensure riders use JUMP’s scooters as safely as possible. We are excited to expand our service in San Francisco and look forward to discussing our powered scooter permit proposal in more depth in the coming days and weeks. Sincerely, Ryan Rzepecki Founder and CEO jumpbikes.com Page 3 Confidential TABLE OF CONTENTS APPLICATION MATERIALS A. Pricing Structure 5 B. Scooter Availability and Service Area 5 C. Plan for Safe Riding and Storage of Scooters 9 D. Scooter Recharging Plan 13 E. Maintenance, Cleaning and Zero Waste Plan 14 F. Hiring and Labor Plan 17 G. Community Outreach Plan 17 H. Experience and Qualifications 20 I. Privacy Policy, User Agreements, and Terms of Service 21 J.Images and Description of Powered Scooter 22 K. Images and Description of Mobile Application 22 L. Proof of Business Registration 22 M. Proof of Insurance 25 APPENDIX I 28 General Requirements Customer Service Requirements Equitable Service Requirements User Protections Vehicle Specifications Safe Riding and Storage of Scooters Distribution of Scooters Data Sharing Requirements Indeminfication Insurance Requirements APPENDIX II 33 Indemnification Insurance Requirements APPENDIX III 42 Privacy Policy, User Agreements, and Terms of Service Documents APPENDIX IV 76 JUMP Leadership Team jumpbikes.com Page 4 Confidential POWERED SCOOTER SHARE PROGRAM PERMIT APPLICATION A. Pricing Structure • Description of pricing structure including low-income and other discounted customer plans, including cash payment Standard Plan $1 for the first 15 minutes; prorated to the minute at the same rate after the first 15 minutes (just under $0.07 cents/minute). Low-Income Plan JUMP’s Boost Plan, is currently implemented for our e-bike system, and we plan to expand this program for the scooter program as well. First year sign-up cost is $5 for an annual membership, which includes 60 minutes of free ride time per day and expires 12 months after signup. Ride time beyond 60 minutes per day is billed at standard plan rate of approximately $0.07 cents per minute. After the first year, the plan becomes $5 per month. • Low Income Eligibility: The Boost Plan accepts people enrolled in Calfresh, SFMTA (Low Income) Lifeline Pass, or PG&E CARE utility discount. We are open to discussing additional programs for eligibility. • Marketing & Awareness: JUMP intends to expand the Boost Plan to a greater number of San Franciscans via a marketing campaign that includes partnerships with local organizations. Out of System Area Fee JUMP will charge a $25 fee for leaving a scooter outside the system area geofence. This will apply to all member plans. Cash Payments JUMP and Uber plan to integrate a cash payment option in San Francisco via our partner PayNearMe. When available, all income-eligible members will be able to sign up for the Boost Plan and pay with cash at select national chains. To qualify, individuals must submit the following: 1. State-issued ID 2. Calfresh card, or SFMTA (Low Income) Lifeline Pass, or PG&E CARE (utility bill) PayNearMe: PayNearMe is a cash payment processor. Integration enables users to pay their account balances via barcode at identified locations (including 7-Eleven and CVS locations in San Francisco). The intent of this integration is to enable numerous locations for cash payment for the low-income plan. How it works: After signing up for the low-income plan, users automatically receive a barcode which they can print and bring to a participating payment location, or have scanned from their smartphone. Users then pay with cash and balance is automatically added to their bike/scooter share account. B. Scooter Availability and Service Area • Hours of operation Scooters will be available 24/7/365. • Storage of scooters during non-operational hours Scooters that are not available during operational hours will be housed in JUMP warehouse facilities. jumpbikes.com Page 5 Confidential POWERED SCOOTER SHARE PROGRAM PERMIT APPLICATION • Proposed fleet size and service area at launch ஂஂ How many scooters would you deploy in different portions of the service area, including disadvantaged communities? Applicants should bear in mind that the Pilot Program provides for a maximum of 1250 scooters total in San Francisco in the first six months and 2500 total in the second six months of the pilot Upon launch, JUMP proposes to have between 250 - 1,250 active scooters available for rent in San Francisco. If the SFMTA permits JUMP to serve San Francisco with 1,250 scooters, we plan to serve every neighborhood and every resident in San Francisco. If the SFMTA would prefer JUMP operate with fewer scooters, we propose the service area mirror our current JUMP stationless bike share service area and include North Beach (enforced with geofences). We believe this service area is best suited for scooter service as there is limited parking availability, high congestion concerns and high demand as exhibited by those requesting bike and Uber service. We will work closely with the SFMTA to develop geofences and controls for this service area. Within the context of the current service area and 2018 Community of Concern (CoCs) boundaries, we propose to match the existing availability targets from the stationless bike share permit. Our current goal is to ensure that 20% of JUMP’s e-bike fleet is available within Communities of Concern between 6am-10pm. We propose the same 20% monthly availability target for scooters. We would also like to propose meeting the target with an alternate metric that achieves our common goals of access and ridership in CoCs, striving for a minimum of 30% of trips starting or ending in CoCs. JUMP’s bike fleet has met each of these goals, and we look forward to continuing that success with our scooter fleet. Defining the service area presents JUMP and the SFMTA with a unique opportunity to leverage multi-modal data to identify areas that are most suitable for scooter service. We are in the process of examining JUMP e-bike and Uber ridership data to identify major departure and destination points to determine ideal locations for scooter placement. This data analysis can provide intelligently timed scooter deployment suggestions capable of short shifting automobile trips and fulfilling trip demand where needed. We are excited about the possibilities leveraging multi-modal data can bring and would welcome the opportunity for further discussion with the SFMTA. With the permission of the SFMTA, we may also plan to place scooters within close proximity of BART, MUNI, and Caltrain stations to aid in morning and evening commutes, Monday through Friday by providing first and last mile connectivity. From our understanding of transportation demand, JUMP is planning to distribute scooters across the service area to match scooter availability to demand. Our plan will ensure scooters are available throughout the service area. We look forward to discussing our plan with the SFMTA in greater detail. Weekend vs. Weekday Deployment JUMP bike data shows high demand downtown on weekdays, and shifts to neighborhood-focused trips on weekends. We plan to support the weekend demand by emphasizing deployment in the neighborhoods and along commercial corridors relative to this persistent use pattern. jumpbikes.com Page 6 Confidential POWERED SCOOTER SHARE PROGRAM PERMIT APPLICATION ஂஂ Would your deployment area change depending on the number of scooters you are permitted for? Yes. If JUMP is permitted to operate a fleet of 1,250 - 2,500 scooters, we would seek to provide service to the entire City of San Francisco. Depending on alternate fleet sizes, we would create a system area that prioritizes reliability and CoCs access, and examine the locations for short trip demand data. In the event that JUMP is permitted to operate a fleet larger than 250 scooters, we will propose an alternate system area to SFMTA for review. ஂஂ Describe methods for deploying and redistributing scooters JUMP currently operates a permitted stationless e-bike system in San Francisco that deploys and redistributes our e-bikes every day. With scooters, we will expand our current operations team and support the program with additional personnel as needed. Our tools for deployment and redistribution are as follows. Operations Staff Field technicians currently operate cargo vans, and soon, electric cargo trikes, to pick up and drop off e-bikes. Technicians will incorporate scooter deployment and redistribution into a similar process. This allows us to leverage the experience and knowledge Field Technicians have acquired. Many have an intimate knowledge of the streets of San Francisco, and share knowledge about routes and locations, friendly fronting business properties, and best-practices for loading and unloading vehicles. We have also purchased electric trikes with trailers to assist in deploying bikes, and expect to use these along major corridors in the less hilly parts of the City to deploy and collect scooters and e-bikes. Technology Our operations software will guide Field Technicians through a mobile app that displays appropriate, geofenced parking locations. The dedicated operations mobile application makes it easy to deploy scooters in approved locations, and provides real-time notifications to speed up response times. Rider Pick-ups As with JUMP’s e-bikes, our SF warehouse locations will have charged scooters available for pickup by riders. We currently stage bikes in our parking lots for member pickup. Downtown commuters, Caltrain riders, and local residents now rely on our SoMa warehouse location for charged vehicles. We look forward to offering commuters and residents alike an additional, car-free option at this and other pick-up locations. Time of Day Scooter deployment will primarily happen in the early morning hours, and scooter pick-up will typically begin after the afternoon commute. Our plans for redistribution will align with normal demand patterns and aim to reduce the number of unused scooters sitting around the city, which contribute to the chances of noncompliance or theft. While early morning and late evening covers a majority of pick-ups and deployments, JUMP operations are 24/7 and focus on circulating and monitoring the system to pick up JUMP e-bikes and scooters with low-charge or those in need of maintenance. Reparking and Follow-Up Any scooter that is reported non-compliant will be flagged for pickup or reparking. Technicians go to the jumpbikes.com Page 7 Confidential POWERED SCOOTER SHARE PROGRAM PERMIT APPLICATION location to resolve the issue by reparking. We are also exploring ways to leverage the Uber network to identify and fix improperly parked scooters. JUMP Customer Service is in constant communication with Operations dispatch on the ground, and reaches out to non-compliant users on a regular basis when bikes are found misparked or when we receive complaints. The same protocol will be implemented with scooters. Private Property Partners Where possible and agreed upon with private property owners, scooters will be deployed in recessed zones that are off of the public right of way. We will leverage our relationships with Uber EATS restaurant partners to allocate space for scooters beyond the sidewalk. Our network of restaurant partners, which numbers in the thousands in San Francisco, presents a strong opportunity to better align with the City’s goal of keeping the streetscape organized and free of clutter, particularly on commercial corridors that are already congested. Supercharger Program JUMP will explore offering system credits as incentives to users who ride low-charge scooters back to designated pickup and/or charging locations. With our e-bike program, we have found that an avid group of users are eager to assist in riding low-charge e-bikes to our warehouse in exchange for future riding credits. We will explore a similar program for scooters. ஂஂ Would your service area apply to where users are allowed to deposit scooters? Yes. The proposed service area for scooters will reflect JUMP’s current e-bike service area with the addition of North Beach. The service area will use geofences in three key ways to enforce scooter availability and regulate where riders can and cannot park scooters. Service Area A large geofence that encompasses the entire JUMP scooter service area, visible to riders in the app. Users may receive a push notification when they exit the service area’s geofence, and those that end trips outside of the service area geofence may be charged a fee. Parking Hubs We hope to work with the SFMTA to design specific, geofenced areas (visible in the mobile app) where users can drop off scooters and possibly receive trip credit. These will be especially important in high traffic areas with limited sidewalk space to encourage orderly streets. We would also like to explore re-allocation of parking spots in particularly challenging areas which can serve as local multi-modal mobility hubs for various neighborhood transportation needs. No Parking Zones Designated geofences that discourage/prohibit leaving a scooter in certain places. For example, we currently use a No Parking Zone geofence around Union Square for JUMP e-bikes. ஂஂ Provide map of proposed service area The proposed service area for less than 1,250 scooters will mirror the JUMP Bikes service area and will also include North Beach. If JUMP is permitted to operate 1,250 scooters, we would seek to serve the entire City of San Francisco with SFMTA’s approval. For alternate fleet sizes we would analyze demand data and propose a tailored system area to SFMTA. jumpbikes.com Page 8 Confidential POWERED SCOOTER SHARE PROGRAM PERMIT APPLICATION C. Plan for Safe Riding and Storage of Scooters • Proposed approach to ensure compliance with laws - The SFMTA will monitor the degree to which scooter share program users comply with applicable laws, particularly related to riding on sidewalks and safe parking of scooters. If the SFMTA in its sole discretion, determines that the permittee users are not sufficiently compliant with applicable laws, the SFMTA may require that the permittee implement additional measures or may revoke the permit. ஂஂ Describe any education, incentives, training, scooter modifications, notification systems, infrastructure, etc. you propose. Education Members will be informed of all legal requirements and safety recommendations prior to scooter access. This includes helmet requirements, no sidewalk riding, driver’s license requirements, proper parking, and more. There are multiple touch-points prior to and after scooter access where users will be informed of the various requirements and recommendations: • In-app onboarding • Welcome email with rules of engagement & safety tips • On scooter vinyls • In-app FAQ jumpbikes.com Page 9 Confidential POWERED SCOOTER SHARE PROGRAM PERMIT APPLICATION • • • Push notifications On website Ongoing marketing and email blasts to share best-practices Helmet Program JUMP will make helmets easily accessible to users by offering free or discounted helmet options, shipped directly to users. The helmet program will be advertised in numerous locations to maximize user awareness, not limited to onboarding emails, safety campaign emails, in-app safety section, online website. Designated Parking Zones We will explore including photos designating the specific footprint for appropriate parking. We are also exploring a hardware scooter parking solution, either purchased or designed by JUMP’s product design team, that will keep scooters upright and prevent clutter. Installation would initially be on publicly accessible private property, but given the number of permits that may be issued, this would need to be done in coordination with the SFMTA. jumpbikes.com Page 10 Confidential POWERED SCOOTER SHARE PROGRAM PERMIT APPLICATION Notifications Systems JUMP will notify users of the parking requirements using a combination of the following: • JUMP currently sends messages to riders at the end of e-bike trips and users may be sent similar messaging to ensure scooters are properly parked. • Riders may be required to take a photo of the scooter after their trip to confirm proper parking. Customer Service can contact users and educate users who fail to park well. Repeat offenders may be fined and eventually suspended. Incentive Programs After our initial launch, JUMP plans to implement different incentive programs based on consumer behaviour and demand. These programs are likely to include one or more of the following: • Incentivize users to ride scooters and park them in designated zones • Incentive awards for scooter users who demonstrate, via the photo solution mentioned above, that they are consistently compliant with parking requirements • A gamification element whereby riders can earn credits for reporting and reparking poorly stationed scooters Scooter Modifications JUMP’s product team is iterating on design and exploring hardware changes that will improve safety and compliance. The following is a list of potential improvements: • Utilizing gyroscope sensors to inform, in real-time, scooters that have been tipped over • Develop a lock-to scooter similar to JUMP Bike’s integrated lock. • We are exploring wheelbase and wheel size modifications to improve rider safety and comfort. We are also exploring changes to handlebar position and ergonomics, steering column angle to improve scooter handling and safety, and integrated cabling to reduce vandalism and increase safety. Training We plan to incorporate scooter safety into the current partnership that JUMP has established with San Francisco Bicycle Coalition (“SFBC”). Since launching JUMP Bikes, we have developed a custom rider safety training course for JUMP e-Bikes. We will discuss a similar or expanded partnership for scooter use with SFBC and other partners. • Describe how you would monitor compliance, including any technology innovations that allow monitoring, and how you would address users who are noncompliant. Monitoring Tools: In-App and Operations Software • GPS Tracking - All scooters have a GPS tracking device that locates the scooter for easy pickup and data monitoring. We hope to leverage Uber’s latest GPS technology to provide improved location accuracy. This technology uses signal strength and 3-dimensional line of sight modeling from satellites to improve GPS pinpointing capabilities to a degree of accuracy that was previously unavailable. This has the potential to improve scooter position accuracy to help identify scooters out of parking compliance. • In-app reporting will allow users to indicate if scooters are out of parking compliance, or broken/vandalized. • Technicians monitor the system area 24/7, and report improperly parked scooters to the Customer Service team, which follows up with the last user. jumpbikes.com Page 11 Confidential POWERED SCOOTER SHARE PROGRAM PERMIT APPLICATION Prevention Tools • We will display approved and prohibited parking zones in-app for user reference • We will pilot incentivizing riders to park in designated areas • Monitoring where and how scooters are parked and enforcing parking policies in the form of fines and eventual account suspension for repeat offenders. Non-Compliance We are exploring implementing a tiered penalty system for users who are out of compliance (warning plus required education, financial penalty, then account suspension). As with our e-bikes, JUMP’s Customer Service is notified by field technicians when equipment is improperly parked. Riders are contacted via email or phone, and customer service experts explain proper conduct. Repeated offenses are logged on the rider’s account and trigger subsequent penalties or suspension. • Describe how you would phase in additional measures if your initial approach does not achieve desired levels of compliance. If the above strategies are not sufficient, we would explore integrating additional compliance measures to improve adherence to regulations. These include: • In-app post-ride photo: as described earlier, we are exploring users photos at the end of their ride to demonstrate parking compliance. • We are considering leveraging Uber’s network of riders to repark out-of-compliance scooters, or pick up scooters needing maintenance that require immediate removal. • In-app signup consent to specific regulations ஂஂ The SFMTA is potentially interested in a tethering/locking pilot. Describe opportunities to consider a tether or locking mechanism for the scooters to be secured to fixed objects and how much notice would be needed in order to deploy such a program if determined necessary by the SFMTA. One of JUMP’s core assumptions for bike share has always been that shared, dockless bikes should lock to acceptable bike parking locations and respect the public right of way. Like bikes, a scooter fleet should enable affordable transportation options while respecting the right of way. We look forward to working in close collaboration with the City of San Francisco to ensure that JUMP’s scooters remain a city asset, rather than a nuisance. To that end, we recommend that the city begin to explore a program that mirrors public bike jumpbikes.com Page 12 Confidential POWERED SCOOTER SHARE PROGRAM PERMIT APPLICATION racks, and install public scooter racks where any scooter company’s product can remain organized and publicly accessible. These are simple, low profile, easily installed racks that allow riders, especially in high traffic areas, to drop off and pick up scooters in areas designated for those activities. JUMP would work with private property owners and businesses to install scooter parking racks. We are eager to work with the SFMTA to identify City property locations where we can install scooter racks. We hope to expand this discussion with SFMTA, as we are willing to discuss providing racks at no cost to the City. • How will you ensure customers have valid driver’s licenses? Prior to first use, riders will be required to submit their driver license information. Failure to provide this information will prevent a rider from renting a scooter. We plan to leverage the existing Uber infrastructure and personnel to perform the necessary validation. D. Scooter Recharging Plan • Describe how scooters will be recharged ஂஂ How will you know when a scooter needs to be recharged? Scooters send real-time battery charge levels to central servers. All scooter charge levels are monitored by our software system and generate dispatch actions based on real-time events. Warehouse staff monitor the interactive map to assist in dispatching field technicians and coordinate with Customer Service. Low-charge scooters are taken offline automatically and display for pickup in our operations software, which guides workers efficiently to the next scooter for pickup. JUMP technicians prioritize the pickup and removal of lowcharge and non-compliant scooters for recharging. We also currently leverage a user rebalancing model with our stationless JUMP e-bikes. This program incentivizes users to ride low-charge bikes to designated locations for pick-up or charging by technicians. Users receive riding credits in exchange for rebalancing the bikes. We look forward to exploring how the same model can be rolled out to riders who want to collect credits towards future JUMP bike or scooter riding. ஂஂ Will independent contractors be used to charge scooters? If so, describe the incentive structure for charging scooters and any information provided to contractors concerning safe charging practices. JUMP has built strong relationships with residents and business owners through their consistent presence on the streets. This creates a sense of community between transportation provider and SF’s citizens and visitors. Technicians help answer the public’s questions and resolve issues on the spot. The public tends to have greater appreciation for the service provided after witnessing our efforts in maintaining bikes and keeping our streets safe and organized. This produces an increased sense of public ownership for the system, which results in more compliance and support for the program. Having consistent presence also improves outcomes as we learn which areas to avoid or pursue for deployment. We run daily meetings to share knowledge and experiences accrued on the ground across all technicians. JUMP plans to expand our current local operations to support the charging, deployment, and redistribution of scooters. Our focus is to continue developing expertise and to ensure consistency for community members. Looking ahead, we are open to exploring different models based on the number of scooters we need to manage throughout the city, which may include inviting outside operators to assist in recharging activities and other incentives. Regardless of the model, we will first review the approach to assess compliance with jumpbikes.com Page 13 Confidential POWERED SCOOTER SHARE PROGRAM PERMIT APPLICATION applicable employment laws and regulations and look forward to discussing any proposed model with the SFMTA and the City. In addition, we will maintain our commitment to a robust safety training program. Technicians are trained on proper battery handling (ie. never place a battery on an unstable surface, always check connections for exposed wires, etc.). Technicians are also trained to examine battery chargers for signs of defects. ஂஂ How will the permittee minimize potential negative impacts associated with practices related to collecting, redistributing, and recharging scooters? Will the permittee document new vehicle miles generated by collecting, redistributing and charging activities? JUMP has a three point plan for limiting the negative impacts associated with rebalancing and redistributing scooters. We look forward to exploring additional opportunities as they arise. Carbon Emissions We have already purchased and intend to use electric cargo trikes to collect scooters which will reduce the emissions associated with scooter collection and redeployment. We can monitor the miles traveled by our vans and also potentially by our trikes to arrive at estimated CoC offsets when compared to the mode shifts accounted for by our scooter trips. We are also exploring various sustainable vehicle solutions, such as electric cargo vans for redistribution. Public Perception Having consistent operations helps mitigate problems on the streets as workers come to gain the trust of local stakeholders through presence in the community. They are seen fixing problems and collecting feedback while working hard to keep the streets safe and organized. Workers answer questions and concerns from the public, and are trained to remain courteous and polite no matter the situation. Workers share their experiences from the field, which helps inform new protocols as needed for field operations. Recharging To mitigate potential battery and charging issues, technicians know safe battery handling procedures, and how to notice signs of future issues developing on batteries and charger equipment. E. Maintenance, Cleaning and Zero Waste Plan • How will you know when a scooter needs maintenance? Maintenance tracking will be accomplished through three main channels: Mobile App Reports Users can flag scooters in need of repair. Maintenance notifications are routed to operations. When a member uses the app to notify operations the case is reviewed and resolved by our operations and/or customer service team. We plan to iterate on this workflow and mobile feature set on an ongoing basis. Ongoing Rebalancing and Redistribution The Operations team continuously monitors battery status and will pick up scooters accordingly. Field Technicians assess and identify units that require maintenance or removal, and brings them back to the warehouse for repair. Minor maintenance activities may be performed in the field at times. Customer Service Each scooter will have contact information that allows both users and non-users to contact our customer jumpbikes.com Page 14 Confidential POWERED SCOOTER SHARE PROGRAM PERMIT APPLICATION service team in the event of a maintenance issue. Our customer service team is in direct contact with our local operations team and will facilitate the pick-up of reported scooters. • Describe approach to maintenance, cleaning, and repair of scooters, including scooter and battery lifespan Technicians will ensure all scooters are in a safe and usable condition by: • Completing an inspection prior to deployment (as is currently performed with JUMP’s ebikes) • Providing riders the ability to report the condition of the scooter and flag it for repair • Quickly collecting scooters that are placed in ‘repair’ mode by members • Following training protocols to identify scooters requiring maintenance during field rounds Maintaining a safe and clean fleet for public use is a top priority for JUMP and Uber. Operations is comprised of both field technicians and a warehouse-based maintenance team, and works around the clock to ensure a safe, reliable, and fun e-bike and scooter fleet. During hours of operation, Field Operations will focus on rebalancing and deploying charged scooters. Maintenance Operations focuses on mechanical work and adjustments at the shop for any scooters in need of repair. JUMP has designed custom fleet management software that helps manage repairs and inspection schedules. Scooters will be monitored in real-time and users can report repairs through the mobile app, or by email/phone. The software system also triggers automatic maintenance tickets based on either time in the field or distance traveled between inspections. The JUMP Maintenance Plan includes: On-site Maintenance Technicians perform daily rounds while rebalancing scooters and checking battery levels. They also monitor scooters in the field and perform basic adjustments as needed to ensure that scooters are acceptable for riding. If scooters are improperly parked, the field team repositions the scooters accordingly. If scooters require more than a quick adjustment or are low on battery charge, technicians pick up the scooters and return to the maintenance facility. Reported Repair Scooters that have been reported for repair will be initially assessed in the field by a technician. If the scooter cannot easily or safely be repaired in the field, it will be transferred to the repair facility. Parts are replaced by Maintenance as needed and the scooter will go through a thorough check before re-entering service. Repair activities are logged for future reference. Preventive Maintenance Preventive maintenance is a set of tasks performed routinely on scooters that are otherwise in a rideable condition. An example is the regular swapping of brake pads to reduce the chances of parts damage, which would result a more costly replacement. JUMP’s fleet management software system creates preventative maintenance alerts based on each scooter’s last inspection date. At minimum, each scooter will be thoroughly inspected once a month. When an alert is triggered, a ticket is created, the operations technician follows up with an inspection, and resolves the ticket after the inspection is completed. Scooter and Battery Lifespan The nominal battery capacity is 468 Watt-hours (13Amp-hours x 36 Volts). For our anticipated usage, this corresponds to a usable range of 35 km (21 miles). jumpbikes.com Page 15 Confidential POWERED SCOOTER SHARE PROGRAM PERMIT APPLICATION The battery contains high-quality lithium ion cells that are designed to last for at least 600 full charge/discharge cycles before reaching 80% of its original capacity/range. We will monitor the number of charges and battery performance over the lifecycle of a scooter. At the anticipated average trip length of 1.2 miles, we expect 17.5 trips per charge, equalling roughly 10,500 trips per battery life cycle. At a high estimate of 8 trips per scooter per day, a battery would be expected to last over 3 years based on the number of recharge cycles before it reaches 80% capacity. • Describe how you will comply with the City’s zero waste and producer responsibility policies, including taking responsibility for the scooters throughout their life cycles by properly managing hazardous components including batteries, reducing the need for new scooters through repair, redistributing for reuse, and recycling or otherwise properly disposing of all component parts. JUMP commends the SFMTA for building this question into the permit. Shared scooter and e-bike systems are intended to help limit waste in the long run and we look forward to working with the City to expand our zero waste and producer responsibility efforts. Currently, we have a process for collection and storage of retired or faulty batteries, which are picked up by an eco-friendly battery recycling/waste management company for proper disposal. We plan to comply with the SF Environment Zero Waste initiative to ensure we do not have a negative impact on the environment. JUMP does not treat its equipment as disposable. We specifically design our hardware products to be robust and long-lasting, as demonstrated by our eBike engineering. We track and attempt to recover missing scooters and e-bikes through our GPS technology. We are also highly focused and staffed on the maintenance front to ensure equipment lifespans are maximized. Mechanics swap out all components, and we keep a detailed spare parts inventory on site for supporting our fleets to increase equipment uptime. These aspects of our operation are integral to our business as they ensure better reliability and user experience for our riders. Waste in our e-bike operation is fairly minimal. Most parts that we cannot reuse are made of steel or aluminum which we recycle at scrap metal facilities. For tires and tubes, we are in communication with a company in Oregon which upcycles rubber waste. Our JUMP warehouse facility in SF has multiple recycle/trash/compost stations and we hang signs above the bins to inform all workers of proper sorting. We plan to employ the same jumpbikes.com Page 16 Confidential POWERED SCOOTER SHARE PROGRAM PERMIT APPLICATION philosophy for scooters. • What fleet size is needed to maintain a given number of active scooters? Though it depends on the active number of scooters permitted and ridership rates, the total fleet size is between 1.5x to 2x the permitted number of scooters. For 250 scooters, we anticipate a fleet size of approximately 500 scooters to ensure a consistently charged and available fleet at any given time. Only the permitted number of scooters or fewer will be publicly available at any given moment. F. Hiring and Labor Plan • Describe the staffing plan, including hired staff and contractors, for operation and maintenance of your scooter share program JUMP currently holds a permit for a stationless e-bike share system of 250 e-bikes in the city of San Francisco. Our operations run 24/7. We will expand this operation by adding new positions to support our growing fleet of electric vehicles. We are happy to work with the SFMTA and the City to develop a model for expansion. • Describe how your hiring plan will comply with local laws and best practices regarding equal opportunity, local hiring, and fair wages Uber is an equal opportunity employer and enthusiastically encourages people from a wide variety of backgrounds and experiences to apply. We don’t discriminate on the basis of race, color, religion, sex (including pregnancy), gender, national origin, citizenship, age, mental or physical disability, veteran status, marital status, sexual orientation or any other basis prohibited by law. Uber endeavors to be in compliance with all laws - local and otherwise - including in the realms of recruiting, gender identity and employee compensation. • Describe how you will approach transparency with any contractors related to hourly rate and net of job related expenses We are open and willing to discussing our hiring plan and hourly rates with the SFMTA prior to launch. Currently, all job descriptions contain information regarding wage and responsibilities, and we plan to continue that practice for our scooter business as well. • Will you provide skills training for potential staff and contractors? All technicians will have extensive onboarding and skills training as appropriate for the position. To the extent Uber contracts with contingent workers, they will have the appropriate skills and training to perform tasks they are contracted to execute.. G. Community Outreach Plan What community outreach have you done or would you plan to do with stakeholder groups, merchants, and residents in the neighborhoods you are considering serving? If applicable, describe any strategies to partner with community benefit organizations, minimize disruption in neighborhood commercial districts, provide community benefits, implement a culturally relevant and multilingual communications plan, an equitable implementation plan, or promote the use of scooter sharing systems citywide among low income communities. JUMP strongly believes that shared mobility programs function more efficiently when more people have access. We have been active in the San Francisco community since launching our first stationless bike share pilot project in June 2017. Since then we have built and fostered relationships with individuals, community groups, and businesses across the city — from cycling groups, to affordable housing organizations, at-risk youth groups, formerly incarcerated employer groups, educational groups, local businesses, neighborhood arts groups, legal advocacy groups, food access groups, schools, youth clinics, neighborhood economic development organizations, and many more. Over jumpbikes.com Page 17 Confidential POWERED SCOOTER SHARE PROGRAM PERMIT APPLICATION the last year, JUMP staff have attended or hosted a combined number of over 70 events. We are happy to provide a list of events, meetings, and partners upon request. JUMP has committed to extensive community outreach efforts as part of its Stationless E-Bike Permit. If granted a Powered Scooter Permit, we will extend these community based efforts and campaigns to include scooters as well. For example, when JUMP staff perform e-bike test rides, they will also bring scooters for test riding. When building relationships with community groups around e-bike policy and access, scooter policy and access will also be an equal point of discussion. When designing Community Benefits Packages with various communities — as we are currently in the process of doing with Mission community groups — scooter items will be incorporated into the discussion. Where JUMP seeks to create partnerships with public housing to expand access to e-bikes on the Boost Plan, scooters will also be part and parcel of the effort. When we host community workshops (pictured below), discussions and solicited feedback will relate to both scooters and e-bikes. To ensure that as many people as possible have access to scooters, our goal is to establish and maintain relationships, especially with community groups in underserved communities. To that end, our main community outreach strategies are as follows: Strategy 1: Meet with Community Groups JUMP plans to provide access to shared scooters across San Francisco’s diverse communities. This requires involvement and input from organizations already operating within the communities. JUMP works with local organizations that have spent years developing relationships with the community. These organizations are better positioned to lend their expertise and/or local connections as we build a strong, sustainable, community-based coalition that extends the reach of equitable and comprehensive mobility. In particular, JUMP is focused on reaching out to community groups in the following fields: • At-Risk Youth and Youth Health Clinic groups: The JUMP team has been in discussions with local groups serving youth and kids who often have staff transportation challenges. While youth without driver’s licenses cannot ride electric bikes, we see an opportunity to serve staff and older youth while also engaging those under 18 with bike and scooter maintenance workshops. • Public Housing: Public housing is often disconnected from standard and convenient public transportation. Where possible, we will adjust our system area to include public housing locations. Additionally, we would like to jumpbikes.com Page 18 Confidential POWERED SCOOTER SHARE PROGRAM PERMIT APPLICATION propose donating bicycle or scooter racks to certain public housing buildings that currently have limited parking. These racks would be available for both JUMP equipment and private equipment, and may also be designated as hub locations. • Affordable Housing:JUMP has been speaking with affordable housing groups to ensure access to our system. We are particularly interested in adding bicycle and scooter locations at housing that will allow residents to lock in front of their home conveniently. Additionally, we have learned that affordable housing facilities may be able to tally carbon offsets from shared electric vehicle usage and apply them towards cap and trade funding credits in their grants, allowing them to raise more funding for affordable housing. • Affordable Housing Outreach Efforts to Date: With JUMP eBikes we coordinated a sign-up effort focused on our low-income and cash-based plans with Community Housing Partnership (CHP). CHP, founded in 1990, is an award-winning San Francisco nonprofit dedicated to helping homeless people secure housing and become self-sufficient. CHP currently owns, manages and/or provides support services in 16 buildings in San Francisco totaling over 1,100 units, with 303 more in development, housing over 1,500 formerly homeless individuals. We participated in a community meeting at their facility, attended by their members, to present the bike share system and the low-income, cash-based plan. CHP members were very interested in having access to our e-bikes and we extended invitations to join. We now have members from the organization using our bikes. We are currently planning to replicate the program at other CHP buildings and are also scheduling a second meeting at the initial facility to reach more members who were not present and to demonstrate proper locking and bike use. We have contacted several other affordable housing developments to hold the same informational sessions for residents to present JUMP’s benefits and explain the low-income cash- based plan. Our goal is to bring housing development/buildings on board to partner with JUMP on these group meetings to engage members on the low-income plan. The onboarding process consists of the follow steps: • • • • • Initial email outreach Introductory phone calls with staff Introductory phone calls with executive and managerial staff Meeting with building organizers/councilors/managerial/executive staff Community meeting with members/residents at a scheduled and promoted event. This meeting is an explanatory presentation about JUMP’s electric fleet and benefits, about the relationship between our program and the housing development, and about eligibility for the low-income and cash plan. Additional items that may be discussed include placing bicycles at nearby bike racks and determining a nearby geo-fence. A second meeting may be held to provide a hands-on experience that focuses specifically on the signup process, basic equipment safety, test rides, and general program rules such as proper locking, rules and regulations. Strategy 2: Attend Community Events JUMP community outreach staff attend and present at numerous local events each quarter. Events include bike to work week, presentations, e-bike and scooter test rides, participation in community group activities, and tabling at local events. During these events, we introduce our system to attendees, allow people to test ride our scooters and bikes, and seek to understand how our services can most effectively help the community’s mobility needs. We participate in local events to build relationships and broad coalitions, to gather feedback and answer questions, and jumpbikes.com Page 19 Confidential POWERED SCOOTER SHARE PROGRAM PERMIT APPLICATION to have fun with our neighbors. Recent examples include: • • • Tabling at Bike to Work Day San Francisco Bike Coalition Bag Stuffing Party Sunday Streets (we’ve attended and tabled at over 8 events so far and sponsored the entire season this year) Strategy 3: Host Community Events In partnership with community groups, we hope to host or partner at local events to demonstrate how the JUMP system and technology works, how to properly and respectfully complete a ride, and to solicit feedback. With our e-bikes project, we have hosted a series of neighborhood events, such as: • • • Neighborhood Ride-Alongs: we’ve hosted rides such as our JUMP Ride & Twirl in District 10 with groups such as the Merchants of Butchertown in the Bayview and the merchants from Dogpatch; and the YMCA Urban Services Ride Along and Training. These included teaching folks how to sign up, review safety and rules of the road, and conduct a group ride together around the neighborhoods. We received great feedback from neighborhood residents and merchants after hosting such events, and plan to continue hosting them going forward with scooters as well. Lunch & Learns: We host lunchtime visits to employers to explain our offerings and invite them to learn more about our programs. With these events, we hope more folks will try commuting by small shared electric vehicles instead of driving or hailing automobiles. JUMP Drops: we bring our e-bikes to various group settings, most recently Bar ARCH, to conduct presentation and test-rides. We will expand this service to include scooters. Strategy 4: Inclusive Marketing The people representing the system in marketing materials should be representative of the broader San Francisco community, and we will make sure our marketing plan is developed and implemented in accordance with these values. We will engage with groups that provide services to low-income populations to provide marketing and outreach to their members, and specifically work on an outreach plan with Calfresh, SFMTA (Low Income) Lifeline Pass, PG&E CARE, and members of any other low-income organizations with whom we develop partnerships. Strategy 5: Create An Equitable and Useful System Area Our current system area is heavily focused on geographic equity — currently the over 40% of the service area is comprised of Communities of Concern (CoCs). Our system area also provides significant coverage of public housing. We are committed to continuing to expand our service in these areas and will be discussing further useful expansions to additional Communities of Concern wherever possible. • • We are able to quickly adapt system area boundaries and geo-fenced hub locations to adapt to community needs. Feedback from users and coordination with SFMTA will determine boundary changes. In 2018, we will be hosting a series of siting workshops across neighborhoods to further discuss boundary change adjustments and engage with requests from the public. H. Experience and Qualifications • Describe your qualifications to operate a scooter share program including experience operating shared mobility programs in North America JUMP Bikes has been building a shared mobility platform since 2010 and has had dockless bike share systems in operation since 2013. We were the first to market in North America with a smartbike product that uses active GPS and a wireless connection to allow riders and operators to track bike locations in real time. Since launching our jumpbikes.com Page 20 Confidential POWERED SCOOTER SHARE PROGRAM PERMIT APPLICATION first dockless smartbike system in Buffalo, New York in 2013, we have deployed over 16,000 smartbikes in over 40 markets around the world, most of which operate today in North America, including a dockless e-bike system in San Francisco. Now, in partnership with Uber, we look forward to expanding our electric mobility fleet in San Francisco to include scooters. Please see Appendix IV for more information about JUMP’s shared mobility programs and executive team. • If you have ever operated a shared scooter program in San Francisco, describe how you complied with applicable laws, including your efforts to ensure compliance by your users with applicable laws, your efforts to work in good faith with staff from the City and County of San Francisco, and your expeditious compliance with previous enforcement efforts and payment of administrative charges to the City and County of San Francisco for right-of-way violations (including sidewalk obstruction). To date, JUMP Bikes has not operated a shared scooter program in San Francisco. Although eager to deploy our new product to the streets of San Francisco, we refrained from launching in the unregulated environment to respect the SFMTA’s request for scooter operators to await the formal permitting process. We believe it is best to coordinate efforts through official City agency channels to ensure outcomes are aligned with the public interest. We are excited that the SFMTA permit process is now published, and commend the agency for taking a bold step toward increasing shared electric vehicles across the city. JUMP Bikes has been operating a public stationless electric bike share system in San Francisco since January 2018. We received an exclusive permit from the SFMTA due in part to having the highest quality equipment most suitable for San Francisco streets, and a long-standing reputation in the shared transportation industry. In the SFMTA’s memorandum dated January 8th, 2018, titled “Stationless Bike Share Program Permit”, the agency cited our electric pedal assist and our long history of working with cities as significant factors in the exclusive permitting of JUMP, as well as the fact that we were the first and only company to complete the permit application by the due date. Since receiving the permit nearly four months ago, we have been successfully operating our e-bike share program in San Francisco, which has seen remarkable use on a daily basis. We have not encountered any instances of administrative penalties for non-compliance or right-of-way violations. We have worked closely with our program managers at SFMTA to respond to complaints expeditiously, and to upgrade features and assets as requested to improve the program from a regulatory standpoint. We have complied with applicable laws and worked in good faith with SFMTA staff to continue improving the program. We look forward to continuing our close working relationship with the SFMTA and other local stakeholders to make sure that our scooters — like our e-bikes — are deployed and operated in a way that is useful and fun for riders, while limiting complaints and inconvenience for non-riders. I. Privacy Policy, User Agreements, and Terms of Service • Provide any privacy policies, user agreements, and/or terms of service in plain text for review Please see Appendix III for plain text versions of the privacy policies and terms of service for JUMP Bikes and Uber Technologies. Users are able to access JUMP’s services through both the JUMP and Uber apps. JUMP Privacy Policy Terms of Service Rental Agreement jumpbikes.com Page 21 Confidential POWERED SCOOTER SHARE PROGRAM PERMIT APPLICATION Uber Privacy Policy Terms of Use • Provide screen shots of all locations where this language would be shared with customers including method for obtaining user acknowledgement/agreement. 1. The image below shows the process for accepting JUMP’s Privacy Policy and Terms of Service during account creation flow in the JUMP app. 2. The images below show process for accepting Uber’s Privacy Policy and Terms of Service during account creation flow in Uber app. 3. Uber currently has an integration with JUMP called UberBike that requires Uber users to accept JUMP’s Privacy Policy and Terms of Use to use the JUMP service. 1. 2. J.Images and Description of Powered Scooter 3a. 3b. Please see the following pages. K. Images and Description of Mobile Application Please see the following pages. jumpbikes.com Page 22 Confidential POWERED SCOOTER SHARE PROGRAM PERMIT APPLICATION The V1 powered scooter unit comes standard equipped with: Specifications: Frame - Aluminum alloy Controller - High performance FOC controller Motor - 350W Rear Hub Brakes - Disc Brake Wheels/Tires - 8.5inch tires, rear tire is solid, front is inflatable Front Light - LED white Rear Light - LED red Power - Lithium-Ion Battery pack - 468 Wh/36V/13Ah Fenders Kickstand Communications module: • 4G cellular modem • Accelerometer/Gyroscope • Active GPS Features: Max Speed - Max Loading - Climb angle - Handlebar indicator - Display - Paint - Tire Size - Bluetooth - 25km/h 120KG 15° Multi-color LED LED Screen Metal Paint 8.5inch tire Bluetooth 4.0 Charger: 42V/2A Certifications Charging time UL/FCC/SAA/CE 3-5 Hours Dimensions: Length 1080mm jumpbikes.com Page 23 Width 155mm Height 1000 1210mm Weight 15kg Confidential POWERED SCOOTER SHARE PROGRAM PERMIT APPLICATION Mobile Application The following are illustrative images examples of the powered scooter mobile application flow. They include consenting to data sharing between JUMP and Uber, accepting terms and conditions, browsing for and reserving a scooter, safety information, scooter parking rules, and user support. Data Sharing Terms and Conditions Driver’s License Verification Driver’s License Verification Find and reserve a scooter Find and reserve a scooter Find and reserve a scooter Find and reserve a scooter Safety Information Safety Information Safety Information Parking Information Parking Information Parking Information In-app Customer Support In-app Customer Support In-app Customer Support jumpbikes.com Page 24 Confidential POWERED SCOOTER SHARE PROGRAM PERMIT APPLICATION L. Proof of Business Registration Please attach a copy of your business registration. If your business is not yet registered with the City of San Francisco, supply a statement of intent to register your business in advance of being issued a permit. The SFMTA will require proof of registration before issuing a permit to accepted permittees. An official proof of business registration will be provided to the City of San Francisco and SFMTA pursuant to this permit application. Social Bicycles Inc. d/b/a/ JUMP Bikes (“JUMP”), is a registered business with the City of San Francisco. M. Proof of Insurance Please attach a certificate of insurance as well as an endorsement of additional insured, per specifications included in Appendix II. If you have not yet purchased insurance meeting these specifications, supply a statement of intent to obtain this insurance in advance of being issued a permit. The SFMTA will require certificates of insurance as well as an endorsement of Commercial General Liability and Commercial Automobile Liability insurance showing the City as an additional insured before issuing a permit to accepted applicants. Please see Appendix II, which contains certificates of insurance providing the City and County of San Francisco as an additional insured. jumpbikes.com Page 25 Confidential POWERED SCOOTER SHARE PROGRAM PERMIT APPLICATION APPENDIX I PERMIT REQUIREMENTS jumpbikes.com Page 26 Confidential POWERED SCOOTER SHARE PROGRAM PERMIT APPLICATION APPENDIX I: Permit Requirements General Requirements JUMP Bikes acknowledges and accepts the following General Requirements (1-8) as they relate to the provision of the Powered Scooter Share Program. Additional notes are provided where applicable. 1. If the SFMTA, Public Works, or any other City agency, department, or commission, including the City Attorney’s Office, incurs any costs for addressing or abating any violations of law, including repair or maintenance of public property, the Permittee, upon receiving written notice from the SFMTA regarding such costs, shall reimburse the SFMTA for these costs within thirty days. Any payment made pursuant to this paragraph shall not substitute for any installment payment otherwise owed or to be paid to the SFMTA. If the Permittee fails to reimburse the SFMTA within thirty days, the SFMTA may draw down the public property repair and maintenance endowment established at the outset of this permit. 2. Permittee agrees to maintain the public property repair and maintenance endowment established at permit issuance. The endowment at permit issuance shall total ten thousand dollars ($10,000) and should the value at any point fall below $5,000, the Permittee must replenish to the original level of $10,000 to maintain their permit. 3. The SFMTA reserves the right to terminate any permit issued if the permittee violates any terms of the permit or is found to have misrepresented any aspect of their application. 4. A permit may not be transferred without the prior written approval of the Director of Transportation. Permittee shall promptly notify SFMTA of any changes to Permittee’s corporate structure or ownership. Failure to do so, shall be cause for revocation of the permit. For purposes of this paragraph, “transfer” shall include the sale or other exchange of 50% or more of the ownership or control of a permittee to a third party. 5. Permittee agrees to indemnify and hold the City and County of San Francisco, its departments, commissions, boards, officers, employees, and agents (collectively, “Indemnitees”) harmless in accordance with the indemnification requirements set forth in Appendix II. 6. Permittee shall comply with all applicable federal, state, and local laws, including but not limited to, the San Francisco Transportation Code, the California Vehicle Code, and local wage requirements. 7. Permittee agrees to limit the total number of their scooters parked or in use in San Francisco to the number assigned by the SFMTA in their permit. This number shall include the total number of scooters that are either being rented or that have been left on public property, whether they are available for hire, or whether they are unavailable due to needing recharging or other maintenance. 8. Permittee shall provide compliance reports to the SFMTA at 3, 6, and 12 months from permit issuance documenting the permittee’s implementation of the plans proposed in their application. Customer Service Requirements JUMP Bikes acknowledges and accepts the following Customer Service Requirements (9-12) as they relate to the provision of the Powered Scooter Share Program. Additional notes are provided where applicable. 9. Permittee shall provide the SFMTA with an up to date contact name and direct phone number for staff that are responsible for collecting and rebalancing Powered Scooters. 10. Upon notification by the City of any Powered Scooter belonging to a Powered Scooter Share Program Operator jumpbikes.com Page 27 Confidential POWERED SCOOTER SHARE PROGRAM PERMIT APPLICATION APPENDIX I: Permit Requirements that is improperly parked, left standing, or unattended on any sidewalk, Street, or public right-of-way under the jurisdiction of the City, the Powered Scooter Share Operator shall remove the scooter within one hour. JUMP will remove improperly parked scooters within one hour of notification. However, we propose discussing the possibility of matching the response time with JUMP’s Stationless E-Bike permit, which specifies a 2-hour response time for improperly parked bikes. Through our e-bike operations, we believe we have demonstrated that the 2-hour response time is expeditious enough to rectify situations before issues arise while also balancing the needs of the operation. 11. Permittee shall have a customer service phone number, staffed seven days a week during hours when permittee has scooters in the public right of way, for customers to report safety concerns, complaints, or ask questions. Permittee must have a way to receive and respond to feedback in multiple languages, including, but not limited to, Chinese and Spanish. 12. Customers using Powered Scooters that are permitted under this program must be provided with a mechanism to notify the Permittee that there is a safety or maintenance issue with the Powered Scooter. Equitable Service Requirements JUMP Bikes acknowledges and accepts the following Equitable Service Requirements (13-16) as they relate to the provision of the Powered Scooter Share Program. Additional notes are provided where applicable. 13. Permittee will maintain a multilingual website and app in languages including, but not limited to, Chinese and Spanish. 14. Permittee will offer a low-income customer plan that waives any applicable Powered Scooter deposit and offers an affordable cash payment option to any customer with an income level at or below 200% of the federal poverty guidelines, subject to annual renewal. Calfresh, PG&E Care and Muni Lifeline eligibility are acceptable income verification proxies for affordability memberships. 15. Mobile apps and other customer interface technology must be fully accessible to persons with disabilities and accessible to screen readers, and must comply with Section 508 of the United States Workforce Rehabilitation Act of 1973. 16. The SFMTA must approve the number of permitted scooters and the service area for each Permittee, and must approve any proposed changes in writing prior to the Permittee implementing any changes. User Protections JUMP Bikes acknowledges and accepts the following User Protections (17-23) as they relate to the provision of the Powered Scooter Share Program. Additional notes are provided where applicable. 17. Permittee must employ an electronic payment system that is compliant with the Payment Card Industry Data Security Standards (PCI DSS). 18. Permittee must provide a Privacy Policy that safeguards customers’ personal, financial, and travel information and usage including, but not limited to, trip origination and destination data. Permittee agrees to make its policies, procedures and practices regarding data security available to the SFMTA, upon request, and further agrees that the SFMTA reserves the right to hire a third party to perform a security audit mid-way through the permit term, or at any time SFMTA determines that an audit is warranted. jumpbikes.com Page 28 Confidential POWERED SCOOTER SHARE PROGRAM PERMIT APPLICATION If granted a permit, JUMP will work in good faith with the SFMTA to establish and implement a reasonable process for conducting data security audits in compliance with this requirement. 19. Permittee must provide customers the opportunity to explicitly assent to any privacy policy, terms of service, or user agreements. Separately, customers must have the ability to decline sharing any data not required to enable the Permittee to process and complete the transaction. The customer’s options with regard to these requirements shall be clearly stated and easily accessed by the customer. 20. Permittee shall produce a Privacy Policy that complies with the California Online Privacy Protection Act (CalOPPA) and any data protection laws applicable to minors, and further, expressly limits the collection, storage, or usage of any personally identifiable information to the extent absolutely required to successfully accomplish the provision of a powered scooter transportation service. For purposes of this permit, “personally identifiable information” or “personal data” shall be defined under CalOPPA. Without limitation to other permitting provisions requiring anonymized origin/destination and route data for solely public purposes set forth by the City and County of San Francisco, Permittee may not make any personal data of program participants in San Francisco available to any third party advertiser or other private entity, including another entity that may be affiliated with or jointly owned by the entity that owns Permittee. 21. Permittee shall not claim any legal right in its Terms of Use, Privacy Policy, or elsewhere to institute retroactive changes to its Privacy Policy and shall provide an opportunity for the customer to explicitly assent prior to any changes to its data practices, including uses of data Permittee collected under a prior policy. JUMP Bikes will comply with all federal and California state laws as they relate to acceptance of material changes to its privacy policies. 22. Permittee may not collect Personal Data related to, nor sort Personal Data nor individual data subjects according to race, gender, religion, national origin, age, or sexual orientation except for survey data collected on an opt-in basis and for a public purpose expressly set forth by SFMTA. Permittee may not deny service to any user on the basis of their refusal to provide any such survey information. The SFMTA shall consult the Human Rights Commission if it receives any complaints based upon any potential violations of this provision. 23. Permittee must disclose any and all existing data sharing agreements and must notify SFMTA in advance of any prospective partnership, acquisition or other data sharing agreement. Permittee may not engage in or facilitate any inter-app operability or other form of private partnership that includes data acquisition or other data sharing model with any entity if the entity does not meet the standards set forth herein. Vehicle Specifications JUMP Bikes acknowledges and accepts the following Vehicle Specifications (24-28) as they relate to the provision of the Powered Scooter Share Program. Additional notes are provided where applicable. 24. The current contact phone number for the Powered Scooter Share Operator Customer Service line shall be prominently displayed on all Shared Power Scooters. 25. A unique identification number shall be prominently displayed on both sides of the Shared Powered Scooter. 26. Each scooter shall be equipped with an on-board GPS device capable of providing real-time location data in accordance with the specifications described in the “Data Sharing Requirements” section of this application. jumpbikes.com Page 29 Confidential POWERED SCOOTER SHARE PROGRAM PERMIT APPLICATION 27. All Powered Scooters shall be equipped with equipment meeting all specifications, including but not limited to brakes, reflectors, and lighting as set forth in California Vehicle Code Sections 21220 – 21235 (Operation of Motorized Scooters). 28. All Powered Scooters must be certified as safe to operate under any applicable standard by Underwriters Laboratories or an equivalent safety rating agency. Safe Riding and Storage of Scooters JUMP Bikes acknowledges and accepts the following Safe Riding and Storage of Scooters (29-31) as they relate to the provision of the Powered Scooter Share Program. Additional notes are provided where applicable. 29. Permittee shall be responsible for educating their employees and Powered Scooter Share users regarding state and local laws governing the safe operation and parking of Powered Scooters in San Francisco. This shall include providing notification about key laws governing operation on each scooter. 30. If the SFMTA determines in its sole discretion that the Permittee’s users’ failure to comply with applicable laws governing the safe operation and parking of Powered Scooters, including but not limited to, laws governing the use of helmets, operation on sidewalks, and parking requirements, has created a threat to public health and safety, such determination shall be grounds for permit suspension or revocation at the discretion of the Director. 31. Shared Powered Scooters shall be parked standing upright and outside the path of travel in the furnishing zone. The SFMTA will provide detailed specifications to clarify existing City regulations prohibiting obstruction of the right of way. The Permittee shall instruct customers how to park a Powered Scooter properly. Distribution of Scooters JUMP Bikes acknowledges and accepts the following Distribution of Scooters (32-35) as they relate to the provision of the Powered Scooter Share Program. Additional notes are provided where applicable. 32. Permittee is responsible for monitoring distribution of Powered Scooters available to customers according to parameters proposed by the Permittee through this application and approved by the SFMTA. Each daily scooter deployment must match agreed upon parameters for the number of scooters within sub-areas of the permittee’s approved service area. 33. Permittee shall stop placing scooters or allowing contractors to place scooters in front of any address provided by the SFMTA, within 48 hours of notice. 34. Permittee shall apply geofencing specifications provided by the SFMTA to prohibit parking/locking scooters in specified areas or to direct users to specified designated parking area (e.g., at an event venue), within one week of notice. 35. During deployment and rebalancing, employees and contractors of the Permittee shall obey the following Operating Guidelines: a. Muni priority: Muni buses shall be given priority at and approaching or departing transit stops; b. Yield to Muni: Where Muni or other public transit buses are approaching a transit stop and when safe to do so, Permittee’s employees or contractors shall allow such buses to pass so they may stop at transit stops; c. Red zones: Vehicles operated by Permittee shall not stop or stand in Muni stop “red zones”; jumpbikes.com Page 30 Confidential POWERED SCOOTER SHARE PROGRAM PERMIT APPLICATION d. Active loading; No staging or idling: Permittee’s employees and contractors shall only stage vehicles at locations in accordance with applicable parking laws and regulations; e. Pull in: Permittee’s employees and contractors shall pull support and rebalancing vehicles all the way up to, and parallel with, the curb for scooter loading and unloading, and shall not load or unload scooters in a vehicle or bicycle lane, or in a manner that impedes travel in these lanes; f. Comply with all applicable laws: Permittee’s employees and contractors shall comply with all applicable state, and local laws, including the San Francisco Transportation Code, and the California Vehicle Code. If the SFMTA in its sole discretion determines that a Permittee’s scooter distribution or collection activities are being performed in an unsafe manner or in violation of applicable parking and traffic laws, this determination shall be grounds for permit revocation. Data Sharing Requirements JUMP Bikes acknowledges and accepts the following Data Sharing Requirements (36-43) as they relate to the provision of the Powered Scooter Share Program. Additional notes are provided where applicable. 36. Permittee agrees that the SFMTA may use a third-party researcher to evaluate the Powered Scooter Share Program. Permittee shall share all data with the third-party researcher necessary for purposes of the evaluating or enforcing the requirements in this permit. JUMP will share required data in compliance with it’s Privacy Policy with an authorized third party contractually obligated to (1) act as an agent for the SFMTA and (2) maintain the confidentiality of any data shared. 37. Permittee shall administer two customer surveys within the permit year, using questions provided by the SFMTA. The survey will include questions regarding travel behavior and basic socioeconomic indicators that will help SFMTA evaluate how the provider’s services support the agency’s goals for transportation in San Francisco. JUMP will administer the survey via email notification to users in compliance with federal and state laws. Any information provided to the SFMTA will be in anonymous and/or aggregate form 38. Permittee shall keep a record of maintenance activities, including but not limited to Powered Scooter identification number and maintenance performed. These records shall be sent to the SFMTA on a monthly basis. 39. Permittee shall make available real-time and archival information for their entire San Francisco Powered Scooter fleet. This data will ensure the SFMTA can successfully manage the Scooter Program and execute related planning efforts in support of the agency’s strategic goals. Data provided will include real-time location, event, and status information provided by on-board GPS devices put on all Powered Scooters, anonymized data for each trip record, historic/archival data, and key system information. Real-time data will be shared via documented APIs. The SFMTA will also provide details regarding historic/archival transfer protocols, including the frequency and schedule for data to be delivered. Except as otherwise provided herein, Permittee will not share personally identifiable information with the SFMTA. At a minimum, providers will supply: a. Vendor/operator information b. Daily drop-off locations or aggregation sites/zones c. System alerts d. Pricing plans e. Real-time location, event, and status information f. Trip-level details including start/end location/time, duration, and distance traveled g. Trip-level breadcrumb trails listing all GPS readings for each scooter h. Vendor calendars detailing planned hours of operation and planned exceptions We support sharing as much data as possible with the SFMTA to help the city understand and improve the jumpbikes.com Page 31 Confidential POWERED SCOOTER SHARE PROGRAM PERMIT APPLICATION transportation landscape in San Francisco. We want to continue to work with the City to create a framework that advances the City’s planning goals while complying with all applicable laws and regulations. In particular, we want to ensure that we share information in a manner that de-identifies individual riders. 40. The Permittee is directly responsible for providing the API key to the SFMTA and shall not refer the City to another subsidiary or parent company representative for API access. The SFMTA shall be permitted to publicly use Permittee’s API and display real-time data. 41. Permittee shall provide monthly reports of all calls and emails received through their customer service hotline and contact email including telephone wait times, email response times, and the nature of the customer inquiry. 42. Permittee shall submit any collected aggregate user demographic data gathered by the system application that does not identify individual users, payment methods or individual trip history, to the SFMTA not less than monthly, using anonymized keys. 43. Permittee shall share personally identifiable information in Permittee’s possession about a Powered Scooter user with the City where there is an injury alleged to be related to a Powered Scooter, or a claim or lawsuit against the City and the scooter user may have information about, or responsibility for, the claim. Our privacy policy prohibits sharing member Personally Identifiable Information (PII) information without the member’s consent. While we are unable to share this data in every instance of the situations contemplated here, JUMP is happy to establish a process for obtaining the member consent required to share this information with the City. jumpbikes.com Page 32 Confidential APPENDIX INSURANCE REQUIREMENTS JUMP POWERED SCOOTER SHARE PROGRAM PERMIT APPLICATION APPENDIX II: Insurance and Indemnification Requirements I. Indemnification Permittee shall indemnify and save harmless City and its officers, agents and employees from, and, if requested, shall defend them against any and all loss, cost, damage, injury, liability, and claims thereof for injury to or death of a person, including employees of Permittee, or loss of or damage to property, arising directly or indirectly from the activity authorized by the Permit, including, but not limited to, Permittee’s use of facilities or equipment provided by City or others, and claims brought by customers of Permittee, regardless of the negligence of, and regardless of whether liability without fault is imposed or sought to be imposed on City, except to the extent that such indemnity is void or otherwise unenforceable under applicable law in effect on or validly retroactive to the date of this Permit, and except where such loss, damage, injury, liability or claim is the result of the gross negligence or willful misconduct of City and is not contributed to by any act of, or by any omission to perform some duty imposed by law or agreement on Permittee, its sub-permittees or either’s agent or employee. The foregoing indemnity shall include, without limitation, reasonable fees of attorneys, consultants and experts and related costs and City’s costs of investigating any claims against the City. In addition to Permittee’s obligation to indemnify City, Permittee specifically acknowledges and agrees that it has an immediate and independent obligation to defend City from any claim which actually or potentially falls within this indemnification provision, even if the allegations are or may be groundless, false or fraudulent, which obligation arises at the time such claim is tendered to Permittee by City and continues at all times thereafter. Permittee shall indemnify and hold City harmless from all loss and liability, including attorneys’ fees, court costs and all other litigation expenses for any infringement of the patent rights, copyright, trade secret or any other proprietary right or trademark, and all other intellectual property claims of any person or persons in consequence of the use by City, or any of its officers or agents, of articles or services to be supplied in the performance of this Permit. We acknowledge and accept this requirement. jumpbikes.com Page 34 Confidential POWERED SCOOTER SHARE PROGRAM PERMIT APPLICATION APPENDIX II: Insurance and Indemnification Requirements jumpbikes.com Page 35 Confidential POWERED SCOOTER SHARE PROGRAM PERMIT APPLICATION APPENDIX II: Insurance and Indemnification Requirements jumpbikes.com Page 36 Confidential JIIMP POWERED SHARE PROGRAM PERMIT NUMBER: COMMERCIAL GENERAL LIABILITY CG 20 ES 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED DESIGNATED PERSON OR ORGANIZATION This endorsement modilies insurance provided under the following: COMMERCIAL GENERAL COVERAGE PART SCHEDULE Name (if Additional Insured Personfs] Dr Any person or organization as required by contract or agreement lnfonrlation required to corr'plete this Schedule, if not shown above, will be shown in the Declarations. A. Section II Who Is An Insured is amended to B. include as an additional insured the persontsi or organization{s} shown in the Schedule, but only with respect to liability for "bodilyr injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: 1. In the performanoe of your ongoing operations; or 2. In connection with your premises owned by or rented to you. However. 1. The insurance afforded to such additional insured only applies to the extent permitted by law, and 2. If coverage provided to the additional insured is required by a contract or ageement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. CG ED 26 (I4 13 Insurance Services Dfli respect to the insurance afforded to these additional insureds, the following is added to Section Limits Df If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the arnountof insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Umrts of Insurance shown in the Declarations; whicheveris less. This endorsement shall not increase the applicable ljmits of Insurance shown in the Declarations. ce, Inc., 21312 Page 1 of1 MEIEPW Huber Tachnc?'n?ss. Inc. WT- DIME jumpbikes.com Page 31 Confidential JIIMP POWERED SHARE PROGRAM PERMIT COMMERCIAL GENERAL 20 D1 D4 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY OTHER INSURANCE CONDITION This endorsement modi?es insuranoe provided under the following: COMMERCIAL GENERAL COVERAGE PART OPERATIONS COVERAGE PART The following is added to the Other Insurance ?r'ou have agreed in writinginacontract or Condition and supersedes any provision to the agreement that this insurance would be contrary. primary and would not seek contribution from any other insurance available to the anaryAnd Noncontnhutory Insurance additional insured. This insurance is primary to and will not seek contribution from any other insuranoe available to an additional insured under your policy provided that: The additional insured is a Named Insured under such other insuranoe; and CG (It {1413 Insurance Sendoes Of?ce, Inc, 2D12 Page 1 oft mamas: use: Tammie-gins. um monomr- emu-ram jumpbikes.com Page 38 Confidential POWERED SHARE PROGRAM PERMIT CERTIFICATE CIIF LIABILITY INSURANCE .D. HATFER CI: I'll-D LFEI-I THIS DIDEE HUT [Ii "lemma? MD. DF HGT A. Ilium} DH: ALTER THE AFFDFIDED ummnm Alum-m Hammad-?12mm ?5391-2141 lb Smanis-MDAH1 11 HIE- mni?d wk: Imam-3mm 311-11 "In i9; Im. 1455 Malta #111 Flu-Jr m" 531 Ema Ill-3 mu- ME: MI: THE BELEDTCITI-EIH-ELHED INDIE-VIE. FEIEJHELEHT. TEFIM DH. WT CR EITHER EID-D-IJMEHT HEEFEIDT TD- THIE- MT HE ISSUED EIFI. MELT THE H'r' THE DEEGRJHED HEREIN IS ELE-JBJT TCI ALL TI-E TERMS. RELIED min-u! L11 Inn mun-null: Em'? I, ELA-S-IIADI IIELI m: MNEI rue alumna-mm" mucv TE La: rmu-cwnm 5' Him-Jul.? M-me l- mm:- nu mtvluw mmux l- NEH-WHE- I, mm Ir.- mm UCELI ace-sun: mus-In: nan-emu EIEI I In?ll-man: l- A -r malm dumm- mum mmunm'r 'rru LL mummu'r ?gig-:2 :rrumununmm LL ??5.32 Er! mm mural-a LL nImL-mt? unlr ?mg-:2 CH mum; ill. nmummuwevmutm Mm-m?nwhmu-? CERHFHIATE HDLDER TI-EEIIHFIATIEH WW manna: wimp jumpbikes.com D1?l?-2?15 ADDED All I113 mum name: am: Inga-am ragalal'ad mama at amm- Page 39 Confidential JIIMP POWERED SHARE PROGRAM PERMIT jumpbikes.com m5 emensnnen AHD INSURANCE we on 03 (Ed- 4?34} POLICY 313-035 DUI WAIVER DUE RECEIVE OTHERS We have me right to receiver our paw'iente 1?an myone liable foran injury covered hytiie. policy- We Iwill not enferee our ht against the permn mganizatinn named in the Sei?nedule. {This reenlent applies on? to the extentth 3m perfu'mm?n under a wntten centred mat requree yen to obtain agreementfrom us.) SchledLle AS REQUIRED EST DATE ISSUE: [meg-He WC D313 [Ed 4-354 Damn-Inn Page 40 Confidential a ACDRD I CERTIFICATE OF LIABILITY INSURANCE POWERED SHARE PROGRAM PERMIT DATE mummw'? 5315-9315 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION AND CONFERS NO RIC-HTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT DR AMEND, EKTEND DIR ALTER THE COVERAGE AFFORDED THE POLICIES- THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURERISJ. AUTHORIEED REPRESENTATIVE OR PRODUCER. AND- THE CERTIFICATE HOLDER. If the certi?cate Holder is an ADDITIONAL INSURED. Il'Ie Delieytiel-I n?Iuat have ADDITIONAL INSURED emvisions or be endorsed. If IS WAIUED. subject to the tatms and conditions of the policy, eortain policies may [El-quire an andorsantanL A statement on lhis certi?cate does not confer rights to the certi?cate ?elder in lieu ef Such endorsement??. Camus-rein] - 4434535 LISI lnaurmeo San?oao aniorni. Ine. 2501 5:3er Elm-era Drivo. Suite 1611:] Con-2mm Grouo. FL 33133 InaunEI: TriNot HFI Ill-A. Inn Sonia] Biweloo lne. 90m Town Cantor Put-Hay Btudonlnn. FL 31202 Fink Mmigalmnl Dopumnl mg?am. ?3-54.59 enemas ACE American lnaurmeo 'Cewnpu'rylI I ma. uni [mama-021 ?All: I NEURERA. HB-IJRERB. IRS-URERD. COUERAG E5 CERTIFICATE NUMBER: 13022113 REVISION NUMBER: SEE hem IS TO CEH lI-?r' IHAI IHE POLICIES CIT- INSUHANCE BELOW HAVE BEEN ISSUED IO IHE INSURED NAMED ABOVE FCIH. IHE FERICILJ INDICATEO. NOTWITHSTANDING ANY REOU TERM OR CONOIT ON OF ANT CONTRACT OR OTHER DOCUMENT RESPECT TO THIS CERTIFICATE MAY BE ISSUED CR THE INSURANCE AFFORDED Eh? THE POLICIES DESCRIBED HEREIN IS SUBJECT TICI ALL THE TERMS ERCLUSIONE- AND CONDITIONS OF SUCH POLICIES LII-IITS SHOWN SEEN REDUCED ST PAID CLAIMS ADDL ELIEFI R: - EFF POLICY e: use Poun- NUMBER IMHI nm-ww . eoMMEReIALeEMEnALu-talerv LII-CH 5 mums HEM-E: . OCCUR: r_rr_- 5 PLI-Ieurw. gnu-a mun n.=m manna-F arm-m 5 _uoum 55% -3: _s mn?t?u: 5 ANNA-J10 REL-1LT 5 3312-10?? EDJIJ- HFH nun worm-hr DAMAGF .A-LI CS . AIL-CS . . ?ch munnFHeF 5 ELF-IBIS r.r.nLIL 3 DEC- Inm']? 31"- A . ma?a-1520295 THEME aux-mt AND arm-rats .H - 2.0mm EL mm .Iran? I NM 2 IMarI-daborrn NH: Fl DIFIFASF . NF 5 meme II nae- nPF?AtnMs mm- E.L DISEASE 5 2mm Dram-nous I mammary-Elana: 1m. A?i?lnml mm: annuamu I-panenrequlredl Workalre' Compelm?m mango is limilad lumkaito employees of Social Bieyoloo a ou?omponmont agreement wiIh TriNot HR Ill-A. Inc. Cowragafor?molnlaulCA. CERTIFICATE HOLDER 5.:qu aim Inc. 5.5 map-an Shoot Ema 3-04 Brooklyn. 112m SHOULD ANY OF THE DESCRIBED PDUCIES BE CANCELLED BEFORE THE DATE THEREOF. NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE PROVISIONS. gas-MM. jumpbikes.com The ACID-RD name and logo are registered marks of ACDRD SI 11385-2015 ACORD CORPORATION. All rights reserved. ACORD 25 Page 41 Confidential POWERED SCOOTER SHARE PROGRAM PERMIT APPLICATION APPENDIX III PRIVACY POLICY, USER AGREEMENTS, AND TERMS OF SERVICE DOCUMENTS jumpbikes.com Page 42 Confidential POWERED SCOOTER SHARE PROGRAM PERMIT APPLICATION APPENDIX III: Privacy Policy, User Agreements, and Terms of Service Documents JUMP Bikes Privacy Policy OVERVIEW Social Bicycles Inc. (also doing business as JUMP Bikes), a wholly owned subsidiary of Uber Technologies, Inc. (“Uber”), respects your privacy. We recognize that privacy is an important issue, so we design and operate our Services with the protection of your privacy in mind. This privacy policy (“Policy”) explains how your information is collected, used, and disclosed by JUMP Bikes (and any of its parent, subsidiary, successor, and affiliated companies) (“JUMP Bikes“, “us”, or “we”) when you use our websites and any and all sub-domains of such websites and our mobile applications (“Site”), as well as when you join JUMP Bikes and use our services (“Services”). This Policy only applies to our Services. The Site may frame or contain references or links to other websites not controlled by us. This Policy does not address the practices of third parties who may collect your information. The information practices of those linked websites are not covered by this Policy, and we encourage you to be very cautious before you disclose your information to others. The links from the Site do not imply our review or endorsement of those third-party services. JUMP Bikes operates a number of programs, but certain programs are operated by third-party vendors (“Operators”). Websites and mobile applications of Operators and third parties, and any collection and use of information by them, are governed by their respective privacy policies. HOW WE COLLECT AND USE INFORMATION WE COLLECT INFORMATION WHEN YOU USE OUR SERVICES. You may browse our Site without registering for an account. However, to access certain features of our Site, we require you to register for an account and provide such account information described below (thereafter, a “Member”). Our servers automatically log certain information about your use of our Site, such as your IP address, browser type, operating system, browser language, and service provider. We also collect information about your activities on our Site such as the pages you visit. The first time you visit our Site, we assign you a unique number, which is stored in one or more cookies on your computer’s hard drive. These cookies help us distinguish new visitors from returning visitors. If you are a Member or provided other information about yourself (for example, if you send us an email), your cookie ID can be associated with you personally. To learn more about our use of cookies, please see the section entitled “Information Collected by Automated Means” below. If you are a Member and use our Services, we may collect information about your bicycle rentals (for example, dates, times, locations, trip routes, and mileages). We use this information to provide and improve the Services, bill you, respond to your inquiries, maintain your account with us, and for the other uses described herein. When you use our mobile application in connection with our Services, we may collect the following data from your mobile device: timestamps, OS names and versions, locations, device identification numbers, application versions, device identifiers, stored cookies information, and contact information. This information is used for delivering the Services, delivering push notifications via your mobile operating system, and displaying to you a map of available bicycles for rent in your area. Bicycles provided by JUMP Bikes or through an Operator are equipped with Global Positioning System (“GPS”) bicycle tracking technology. GPS is a network of satellites that allows us to determine the location (latitude and longitude) of our bicycles. We and our Operators may track or monitor bicycle locations. JUMP Bikes uses this information for a variety of important purposes. We use the GPS data to provide you your trip maps, which you may access in your account. We also use GPS data to help you find a bicycle in your area to rent and for us to locate lost or stolen bicycles. This information is transmitted to JUMP Bikes and the Operator, if applicable, and may be stored indefinitely. WE COLLECT INFORMATION WHEN YOU SET UP AN ACCOUNT AND FROM OTHER SOURCES. When you register for an account as a Member, we may collect your name, email address, postal address, telephone number, and other information, including but not limited to demographic information. This information may be used in connection with your use of our Services and may be shared with the applicable Operators in connection with your use of our Services. You may be required to submit a credit card number to register for our Services. Your credit card information is collected and processed by a third-party vendor, and is not stored or accessible by us or any Operator. We may collect additional information during the account registration process, such as a student identification number or employee identification number. We may also collect information from other sources, which may include: business partners, such as integrated services providers or apps or websites that use our APIs or whose APIs we use, through which you create or access your Member account; marketing service providers; and publicly available sources. WE DISCLOSE INFORMATION THROUGH YOUR USER PROFILE WHEN YOU USE OUR SERVICES. If you elect to share your user profile, trip maps, and statistics, your user name and other descriptive information about you that you choose to provide may be visible on your user profile to those Member network friends you have provided access. As a Member you may search for other jumpbikes.com Page 43 Confidential POWERED SCOOTER SHARE PROGRAM PERMIT APPLICATION Members and submit a friend request to other Members. When a friend request is approved by the other Member, you may view the user profile of such Member, and the other Member may view your user profile. Except for information about you that may appear on your user profile, information that you provide to us as part of your registration or that is collected about you through your use of the Services is generally not visible to other Members or to non-members who visit the Site. OTHER USES OF INFORMATION We may also use information collected from you for the following general purposes: (1) to fulfill your requests for Services; (2) to manage and improve our Site and Services; (3) to contact you to resolve problems; (4) to send you information about Services including confirmations, invoices, technical notices, updates, security alerts, and support and administrative messages; (5) to communicate with you about products and services offered by us and our selected business and marketing partners; (6) to conduct research, testing, and analysis; (7) to detect, investigate and prevent fraudulent transactions and other illegal activities and protect the rights and property of JUMP Bikes and others; (8) to make the Site easier to use by reducing the need for you to enter information; and (9) to carry out any other purpose described to you at the time the information was collected. HOW WE DISCLOSE OR SHARE INFORMATION WITH OTHERS Except as described in this Policy, we do not rent, sell, or share your information. We do not rent or sell your information to, or share your information with, third parties for third party direct marketing purposes. We know how important it is to keep your information confidential. We may disclose your information to the applicable Operator and to contractors, advisors, consultants, prospective and current business and marketing partners, and service providers acting on our behalf or under our instructions. For example, we may provide information to such parties to process payments for our services, to conduct surveys on our behalf, or to fulfill your requests for information or service. If you use a system with an Operator, some of the information you supply must necessarily be shared with the Operator (or persons or entities affiliated with such Operator). In addition, we may share your anonymized information for statistical, research, or urban planning purposes, and we may share your information under other circumstances for Members who opt-in. We may disclose your information in connection with a corporate transaction, proceeding, or reorganization involving the business activities for which the information is maintained. In the event that ownership of JUMP Bikes or its business was to change as a result of a merger, acquisition, or transfer to another company, your information may be transferred. If such a transfer results in a material change in the way your information is used, we will provide notice about the choices you have with respect to such a transfer. We may disclose your information, including location/GPS data, in response to legal process (for example, a court order, search warrant, or subpoena) or requests from law enforcement authorities, in other circumstances in which we believe the Site, the Services, or our bicycles are being or have been used in violation of the applicable law or otherwise in the commission of a crime, when we have a good faith belief that there is an emergency that poses a threat to the safety of you or another person, or when necessary to protect the rights or property of JUMP Bikes, our agents, Operators, customers, users, or other third parties. We may also share information about you with your consent or at your direction. INFORMATION COLLECTED BY AUTOMATED MEANS When you visit our Site or use our Services, we may collect certain information by automated means about you, and we may associate it with information you provide directly to us. We use various proprietary and third-party technologies to collect information, including cookies and web beacons. Cookies are text files that are placed on your computer’s hard drive and that can be used to help recognize you on our Site. Web beacons are small pieces of code placed on web pages that can be used, among other things, to count the users who visit that web page, or to deliver a cookie to the hard drive of a user viewing that page. We may collect information about the location of your device each time you access or use our Site or otherwise consent to the collection of this information. Most web browsers are set to accept cookies by default. You can typically remove or reject cookies by following directions provided in your Internet browser’s help file. However, removing cookies may not allow you to take full advantage of all features on the Site. Our Site is not designed to respond to “do not track” signals from browsers. LOCATION INFORMATION When we have location information, we use it to improve and tailor our Site and Services for you and others. We may collect location information when you are using the mobile application, or even when you are not using the mobile application, if you authorize such collection through your app settings or device permissions. If you initially consent to our collection of location information, you can subsequently stop the collection of this information at any time by changing the preferences on your mobile device. If you do so, our mobile application, or certain features thereof, will no longer function. You may also stop our collection of location information by following the standard uninstall process to remove all of our mobile applications from your device. jumpbikes.com Page 44 Confidential POWERED SCOOTER SHARE PROGRAM PERMIT APPLICATION OUR POLICY REGARDING CHILDREN Our Services are not intended for users under the age of 13. We do not knowingly collect or solicit information from anyone under the age of 13 or knowingly allow such persons to create an account on the Site or for the Services. If you are under 13, please do not attempt to register or send any information about yourself to us, including your name, address, telephone number, or email address. No one under the age of 13 may provide any information to us. In the event that we learn that we have collected information from a child under age 13 we will delete that information as quickly as possible. If you believe that we might have any information from or about a child under the age of 13, please contact us at privacy@jumpbikes.com. INTERNATIONAL TRANSFER If you use the Site, your information may be stored or accessed outside of your country of residence, including by our affiliated companies or by third party service providers in the United States. If you do not wish for your information to be stored or accessed outside of your country of residence you have the option of not using our Site or Services. REVIEW OF YOUR ACCOUNT INFORMATION We provide you the mechanism to review and update your information through the Site. If you are a Member and wish to review or update your account information, please visit the Site and login using the user name and password you created. Then, please select the settings icon on the screen. You can update your basic user information, change your password, change your PIN number for bicycle unlocking and access, and change your privacy settings related to sharing your trip maps and statistics. We will retain your information for as long as your account is active or as needed to provide you Services. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements. If you wish to opt-out of receiving promotional or newsletter emails from us, you must follow the instructions in any such promotional or newsletter emails we send to you. If you opt-out, we may still send you other emails, such as emails about your account or our ongoing business relations. You may not opt out completely of receiving email communications necessary for the operation of your membership unless you decide to terminate your account. YOUR CALIFORNIA PRIVACY RIGHTS Under California law, Members who are residents of California may request certain information about our disclosure of information during the prior calendar year to third parties for their direct marketing purposes. To make such a request, please write to us at the email or postal addresses described in the “Contact Us” section below with the words “California Privacy Rights” in the subject line. CANADA RESIDENTS Under the Personal Information and Electronic Documents Act and related provincial legislation, Members who are residents of Canada have the right, under certain circumstances, to access information we hold about you. Any such access request must be in writing and provided to us at the email or postal addresses described in the “Contact Us” section below with the words “Canada Privacy Rights” in the subject line. Any such access request may be subject to a small statutory fee to meet our costs in providing you with details of the information we hold about you. SECURITY We use reasonable efforts to help protect your information against loss, theft, misuse and unauthorized access, alteration, disclosure, or destruction. Please note that no data transmission over the Internet is 100% secure. As a result, we cannot guarantee that your information transmitted through our Site will be absolutely protected. For example, your information may be affected by actions outside of our control, such as computer hacking and physical theft. You acknowledge that you provide your information at your own risk. It is your responsibility to safeguard your password, which you should never disclose to a third party. CHANGES TO THIS PRIVACY POLICY We may change this Policy from time to time, so it is advisable to review it frequently. We will post all changes to this Policy on this page and will indicate the effective date of the modified Policy at the bottom of this Policy, and, in some cases, we may provide you with additional notice (such as adding a statement to our homepage or sending you a notification). jumpbikes.com Page 45 Confidential POWERED SCOOTER SHARE PROGRAM PERMIT APPLICATION CONTACT US To contact us pursuant to this Policy, please email us at privacy@jumpbikes.com or write to us at the following address: JUMP Bikes, 55 Prospect St., Suite 304, Brooklyn, NY 11201. Effective as of May 18, 2018. Terms of Service ACCEPTANCE OF TERMS Welcome to the services provided by Social Bicycles Inc. (also doing business as JUMP Bikes and a wholly owned subsidiary of Uber Technologies, Inc.), and any of its parent, subsidiary, successor, and affiliated companies (“JUMP Bikes“, “we”, or “us”). These terms and conditions (“Terms of Service”) govern your access to and use of the JUMP Bikes services, including our various websites and mobile applications (collectively, the “Website”). By using or accessing our Website or registering for an account for use of a bicycle rental service (the “Service”) with JUMP Bikes or with any of our third-party vendor partners (“Operators”), you agree that you have read, understand, and accept the Terms of Service and you agree to be bound by the Terms of Service and all other terms, policies, and guidelines incorporated in the Terms of Service by reference (collectively, the “Agreement”). IF YOU DO NOT AGREE TO THIS AGREEMENT, INCLUDING THE MANDATORY ARBITRATION PROVISION AND CLASS ACTION WAIVER SPECIFIED HEREIN, YOU SHOULD NOT USE OUR WEBSITE OR SERVICE IN ANY WAY. THE USE OF OUR WEBSITE OR SERVICE IS OFFERED TO YOU CONDITIONED ON YOUR ACCEPTANCE WITHOUT MODIFICATION OF THIS AGREEMENT. MODIFICATION OF AGREEMENT We reserve the right to change or modify any of the terms and conditions contained in this Agreement at any time, in our sole discretion, by posting changes on the Website (or such other URL that we may provide from time to time). In some cases, we may provide additional notice to you, such as via our Service or to an email address you have provided to us. Your continued use of any part of the Service or Website following the posting of such changes or modifications will constitute your acceptance of such changes or modifications. IT IS THEREFORE IMPORTANT THAT YOU REVIEW THIS AGREEMENT REGULARLY. REGISTRATION To create and register for an account with JUMP Bikes, you must complete the registration process on the Website (or such other URL that JUMP Bikes may provide or that an Operator may provide for the Service run by such Operator in your area) by providing us with current, complete, and accurate information. Upon registration for an account with JUMP Bikes through our Website (thereinafter, a “Member” and collectively with other JUMP Bikes account holders, “Members”), you will be required to provide us with your email address and select a password. You must update your account information so that it remains current, complete, and accurate at all times. You understand that you are solely responsible for maintaining the confidentiality of your password and that you shall be solely and fully responsible for all activities that occur under your username and password. JUMP Bikes recommends that you change your password every ninety (90) days. JUMP Bikes shall not be responsible for any loss, claim, or other liability that may arise from the unauthorized use of any password. You agree to immediately notify us of any unauthorized use of your password or username or any other breach of security by emailing us at info@jumpbikes. com. If a password is lost or stolen, it is your responsibility to change the password, and immediately notify us, so that your account remains both secure and functional. BICYCLE RENTAL AGREEMENT If you wish to rent a bicycle through the Service from JUMP Bikes or an Operator in your area, you are required to review and accept the Rental Agreement and Liability, Waiver, and Release (collectively, the “Bicycle Rental Agreement”) applicable to JUMP Bikes or such Operator. You can access the applicable Bicycle Rental Agreement at any time by clicking on the link identified as “Bicycle Rental Agreement” which can be found on the “Networks” page of your profile. PAYMENT We shall charge you for the rental services provided to you by JUMP Bikes or the Operator, as applicable. You agree that you will pay for all rental services you purchase from JUMP Bikes or the Operator, and that we may charge your credit or debit card account as provided by you when registering for the Service for the rental services (including any taxes and late fees, as applicable) that may be accrued by or in connection with your account. You are responsible for the timely payment of all fees and for providing us with a valid credit or debit card account for payment of all fees at all times. Payments made are only refundable at the sole discretion of JUMP Bikes. We may also, at our sole jumpbikes.com Page 46 Confidential POWERED SCOOTER SHARE PROGRAM PERMIT APPLICATION discretion, place an authorization hold on Your credit or debit card to cover any fees, damages, or other such amounts that may arise. We use a third-party payment processor (the “Payment Processor”) to link your credit or debit card account to the Website and the Service. The processing of payments or credits, as applicable, in connection with your use of rental services will be subject to the terms, conditions, and privacy policies of the Payment Processor and your credit or debit card issuer in addition to this Agreement. We are not responsible for any errors by the Payment Processor. TRIP MAPS AND STATISTICS As a Member, you may view your trip maps and statistics on your user profile. Your trip statistics may include miles traveled, CO2 reduced, calories burned, and dollars saved. You may share your trip maps and statistics with friends you have approved to view your trip maps and statistics on your user profile. You may add friends to your account by importing them from certain of your third-party accounts such as Facebook or Twitter, or by searching for other Members in your network area. By designating friends on your account, you agree that we may display publicly your trip maps and statistics to such friends. You may disable this sharing feature and not disclose certain individual trip maps or statistics. You may also share your own trip maps and statistics via certain third-party sites such as Facebook or Twitter or by email. Your use of those third-party services are subject to the terms and conditions of those third party sites, and we disclaim all liability related to your sharing your trip maps or statistics in connection with any third party service. Although we will strive to track and display information about you in your user profile accurately, we disclaim any liability for any errors or inaccuracies in any statistics displayed on your user profile or in the shared trips and statistics. OTHER SITES Our Website may contain links to other sites owned by third parties (i.e. advertisers, affiliate partners, strategic partners, or others). We are not responsible for examining or evaluating, and we do not provide any representations or warranties about the products or offerings of any of these businesses or individuals, or the accuracy of the content of their websites. We do not assume any responsibility or liability for the actions, product, and content of any such websites. Before you use any third-party website, you should review the applicable terms of use and policies for such websites. The inclusion of a link in any of our Websites does not imply our endorsement of such third-party website. If you decide to access any such linked websites, you do so at your own risk. INTERACTION WITH OTHER JUMP BIKES MEMBERS You acknowledge that we have no screening policy, and that anyone who creates a valid account will become a Member without any review or approval by us. Provided, however, JUMP Bikes or an Operator may in their respective sole discretion terminate an account for any reason. You are solely responsible for your interactions with other Members that occur as a result of the Website or Service and any communications with other individuals in connection with the Website are at your own risk. We disclaim all liability for any actions of other Members. Please use your discretion when deciding whether to share any of your personal information to another Member. PROHIBITED CONDUCT The Website may not be used in connection with any commercial purposes, except with the express written consent of JUMP Bikes. You may link to the home page of our Website, but any unauthorized framing of or linking to our Website, or any Content (as defined below) therein, is prohibited. Placement of commercial advertisements, affiliate links, and other forms of solicitation by you are prohibited and may be removed from your user profile without notice and may result in termination of your account. You shall not, directly or indirectly, take or authorize or encourage any third party to take any fraudulent action in the use of the Website or Service, nor shall you engage in any activity that interferes with, disrupts, or interacts in an unauthorized manner with the Website or Service. Without limiting the generality of the foregoing, you may not attempt to override or circumvent any security components and usage rules of the Website. You are prohibited from engaging in any hacking, cracking, or other means of obtaining access to any other Member’s information or other data or communications not intended for you. We may terminate your account at any time for any reason, including without limitation, such fraudulent or unauthorized activity, in our sole discretion. You further agree not to: jumpbikes.com Page 47 Confidential POWERED SCOOTER SHARE PROGRAM PERMIT APPLICATION use the Service or Website to engage in any harassing, threatening, intimidating, predatory or stalking conduct; use or attempt to use another Member’s account with or on the Service or Website without authorization from that Member and JUMP Bikes; use the Service or Website in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Service or Website, or that could damage, disable, overburden, or impair the functioning of the Services or Website in any manner; reverse engineer any aspect of the Service or Website or do anything that might lead to the discovery of source code or bypass or circumvent measures employed to prevent or limit access to any part of the Service or Website; attempt to circumvent any content-filtering techniques we employ or attempt to access any feature or area of the Service or Website that you are not authorized to access; use the Service or Website to solicit passwords or personally identifying information for commercial or unlawful purposes from other Members; use the Service or Website to provide any telephone numbers, street addresses, last names, or email addresses of anyone other than your own (and we strongly advise you not to post your own and to communicate such information in private messages to other Members only at your own risk); use the Service or Website to transmit “junk mail,” “chain letters,” unsolicited mass mailing, instant messaging, “spimming,” or “spamming”; perform data mining or other extraction methods on the Service or Website; use the Service or Website for any illegal or unauthorized purpose, or engage in, encourage, or promote any activity that violates this Agreement; or use the Service or Website to post or otherwise transmit Prohibited Content (as defined below). CONTENT You are solely responsible for any Content that you may upload, post, transmit or otherwise make available via the Website. JUMP Bikes does not control the Content posted via the Website and, as such, we do not guarantee the accuracy, integrity, or quality of such Content. You understand that by using the Website, you may be exposed to Content that you deem offensive or objectionable. Under no circumstances will we be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted, or otherwise made available via the Website. PROHIBITED CONTENT You are strictly prohibited from posting or otherwise transmitting information, data, text, software, music, sound, photographs, graphics, videos, messages, tags, or other materials (“Content”) that is Prohibited Content. “Prohibited Content” includes Content that: is insulting, harassing, abusive, bullying, threatening, demeaning, or otherwise promotes violence against an individual, organization, or particular group, including, without limitation, individuals or groups identified by their race, sex, creed, age, color, national origin, religious affiliation, marital status, gender identity, language, sexual orientation, or handicap; contains profanity, adult content, nudity, or sexually suggestive text, images, activities, or situations; is obscene, shocking, sensational, disrespectful, or receives a significant amount of negative user feedback, or otherwise violates our community standards, in our sole discretion; promotes or facilitates the sale or consumption of illegal or recreational drugs or drug paraphernalia, firearms, or ammunitions; furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, without limitation, making or buying illegal or counterfeit products, violating someone’s privacy, or providing or creating computer viruses; infringes upon or violates the rights of any third party, including without limitation, copyright, trademark, privacy, publicity, or other personal or proprietary rights; is or promotes information that you know is false, misleading, defamatory, slanderous, or libelous; contains restricted or password-only access pages or hidden pages or images (those not linked to or from another accessible page); involves commercial activities and/or sales without our prior written consent, such as contests, sweepstakes, barter, advertising, or pyramid schemes; contains a virus or other harmful component; or is, in our sole judgment, objectionable or restricts or inhibits any other person from using or enjoying our Service, or that may expose JUMP Bikes or others to any harm or liability of any type. jumpbikes.com Page 48 Confidential POWERED SCOOTER SHARE PROGRAM PERMIT APPLICATION LICENSE TO YOUR CONTENT By posting, displaying, publishing, transmitting, or otherwise making available (individually and collectively, “posting”) any Content on or through our Website, you hereby grant to JUMP Bikes a non-exclusive, fully-paid, perpetual, royalty-free, irrevocable, sub-licensable, worldwide license for the duration of copyright in your Content, to use, copy, modify, adapt, translate, create derivative works, publicly perform, publicly display, store, reproduce, transmit, distribute, and otherwise make available such Content on and through our Website, in print, or in any other format or media now known or hereafter invented, without any obligation of notification, compensation, attribution, or consent. If you wish to remove any Content from the Website, your ability to do so may depend on the type of Content, the location and manner of posting, and other factors. You may contact us at info@jumpbikes.com to request the removal of certain Content you have posted. However, you acknowledge and agree that we have no obligation to remove any such Content, we may choose whether or not to do so in our sole discretion, and we make no guarantee as to the complete deletion of any such Content and copies thereof. In any case, a back-up or residual copy of any Content posted by you may remain on our servers after the Content appears to have been removed from our Websites, and we retain all rights granted in this paragraph to all such remaining copies. We do not claim ownership rights in any Content you post on or transmit through the Website. Subject to the license above, as between JUMP Bikes and you, you will retain all intellectual property rights that you may have in any Content that you post on or transmit through the Website. You represent and warrant that: (i) you own all right, title, and interest in all Content posted by you on or through our Website, or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your Content on or through our Website does not violate the privacy rights, publicity rights, copyrights, trademarks, patents, trade secrets, contract rights, confidentiality, any other rights of any third party, or any terms of this Agreement. LIMITED LICENSE Our Website contains Content of JUMP Bikes (“JUMP Bikes Content”), and may contain Content of Operators or third-party licensors to JUMP Bikes (including Content provided by you and other users of our Website, as described above), which is protected by copyright, trademark, patent, trade secret, and other laws. We own and retain all rights, title, and interest in the JUMP Bikes Content. We hereby grant to you a non-exclusive, limited, revocable, non-sublicensable license to reproduce and display a single copy of the JUMP Bikes Content (excluding any software code therein) solely for your personal, non-commercial use in connection with viewing our Website and using the features that appear on the Website. Except for Content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, make available, or sell any Content appearing on or through our Website. Any use of the JUMP Bikes Content other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including, without limitation, copyright and trademark and other intellectual property laws. COPYRIGHT POLICY We have a policy of limiting access to our Website and terminating the accounts of users who infringe the intellectual property rights of others. If you believe that anything on our Website infringes any copyright that you own or control, you may notify JUMP Bikes’s Designated Agent as follows: Address: JUMP Bikes 55 Prospect St., Suite 304 Brooklyn, NY 11201 E-Mail Address: copyright@jumpbikes.com Please see 17 U.S.C. §512(c)(3) for the requirements of a proper notification. Also, please note that if you knowingly misrepresent that any activity or material on our Website is infringing, you may be liable to JUMP Bikes for certain costs and damages. PRIVACY POLICY Please review our Privacy Policy to learn how we collect, use, and disclose information about you. INTERNATIONAL USE Due to the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data or personal information exported from the United States or the country in which you reside. DISCLAIMER OF WARRANTIES jumpbikes.com Page 49 Confidential POWERED SCOOTER SHARE PROGRAM PERMIT APPLICATION YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE WEBSITE AND SERVICE IS AT YOUR SOLE RISK. THE WEBSITE AND SERVICE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. JUMP BIKES PARTIES AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, DIRECTORS, AGENTS, OPERATORS, PARTNERS, AND LICENSORS (COLLECTIVELY, THE “JUMP BIKES PARTIES“) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, WITH RESPECT TO OUR WEBSITE AND SERVICE, AND ANY THIRD-PARTY WEBSITES WITH WHICH THEY ARE LINKED. THE JUMP BIKES PARTIES MAKE NO WARRANTY: (I) THAT THE WEBSITE OR SERVICE OR THE FEATURES OFFERED ON THE WEBSITE OR SERVICE WILL MEET YOUR REQUIREMENTS, WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR FREE OF ANY HARMFUL COMPONENTS (INCLUDING VIRUSES); (II) THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE, SERVICE, OR RIDER STATISTICS WILL MEET ANY EXPECTED, IMPLIED, OR STATED SERVICE LEVEL OR AVAILABILITY; AND (III) THAT THE QUALITY OF THE BICYCLES, CONTENT, PRODUCTS, SERVICES, INFORMATION, OR ANY MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE OR SERVICE WILL MEET YOUR EXPECTATIONS. WE DO NOT PROVIDE ANY REPRESENTATIONS OR WARRANTIES AGAINST THE POSSIBILITY OF DELETION, MISDELIVERY, OR FAILURE TO STORE COMMUNICATIONS, PERSONALIZED SETTINGS, OR OTHER DATA. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OUR WEBSITE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. LIMITATION OF LIABILITY IN NO EVENT WILL THE JUMP BIKES PARTIES BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, LOST INCOME, REVENUE, OR PROFITS, LOST OR DAMAGED DATA, OR OTHER COMMERCIAL OR ECONOMIC LOSS ARISING OUT OF THIS AGREEMENT OR IN CONNECTION WITH THE USE OF THE WEBSITE, THE SERVICE, OR ANY WEBSITE WITH WHICH THEY ARE LINKED, EVEN IF JUMP BIKES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE JUMP BIKES PARTIES’ AGGREGATE LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO JUMP Bikes FOR THE SERVICE IN THE TWELVE MONTHS PRIOR TO THE CLAIM. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, IN CERTAIN JURISDICTIONS, SOME OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU; ALL OTHER PROVISIONS OF THIS AGREEMENT REMAIN IN FULL FORCE AND EFFECT. INDEMNITY You agree to indemnify, defend, and hold harmless the JUMP Bikes Parties from and against any and all claims, liabilities, penalties, settlements, judgments, and fees (including reasonable attorneys’ fees) arising from (a) any information that you or anyone using your account may submit or access in the course of using the Website or Service; (b) your breach of any representation or warranty in, or violation of, the terms of this Agreement or any agreement or other instrument with a third party applicable to you; and (c) any disputes between you and any other Member. MODIFICATION AND DISCONTINUATION We reserve the right at any time to modify, edit, delete, suspend, or discontinue, temporarily or permanently, our Website or Service (or any portion thereof) with or without notice. You agree that we will not be liable to you or to any third party for any such modification, editing, deletion, suspension, or discontinuance of the Website or Service. TERMINATION OF ACCOUNT We have the right in our sole discretion to restrict, suspend, or terminate your account, or your access to all or any part of the Website and/or Service at any time, for any or no reason, with or without prior notice, and without liability. You may choose to terminate your membership at any time by notifying us by email at info@jumpbikes.com. Please allow us sufficient time to process termination requests. Following the cancellation or termination of your account by you or by JUMP Bikes for any reason, JUMP Bikes will have no further obligation to save your user profile, communications via the Website, or any of your settings, information, or Content you have posted on or transmitted through the Website. You acknowledge and agree that we have the right, but not the obligation, to delete any of your account information or other Content following termination. WAIVER AND SEVERABILITY If any provision of this Agreement is held to be invalid or unenforceable by a court of competent jurisdiction, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect. Our acquiescence in the breach of a provision of this Agreement or failure to act upon such breach does not waive our right to act with respect to subsequent or similar breaches. Likewise, our delay or failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. jumpbikes.com Page 50 Confidential POWERED SCOOTER SHARE PROGRAM PERMIT APPLICATION CHOICE OF LAW AND FORUM This Agreement and the relationship between you and JUMP Bikes shall be interpreted in accordance with the laws of the State of New York without regard to conflict of laws principles. Any Dispute between the parties that is not subject to arbitration will be resolved in the small claims, state, or federal courts, as applicable, with jurisdiction over New York County, New York. BINDING ARBITRATION PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH JUMP AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US. Certain portions of this section are deemed to be a “written agreement to arbitrate” pursuant to the Federal Arbitration Act. You and JUMP Bikes agree that JUMP Bikes intends that this section satisfies the “writing” requirement of the Federal Arbitration Act. To the fullest extent permitted by applicable law, you or JUMP Bikes may elect to have any controversy, allegation, or claim arising out of or relating to this Agreement or the Service, including but not limited to claims for indemnification, ontribution, or cross-claims in a pending action involving one or more third parties (collectively, a “Dispute”) – but excluding Disputes in which You or JUMP Bikes seeks to bring an individual action in small claims court or seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property (“Excluded Disputes”) – finally and exclusively resolved by binding arbitration before a sole arbitrator under the rules and regulations of the American Arbitration Association. If an in-person arbitration hearing is required, then it will be conducted in New York County, New York; but if the applicable arbitration rules or laws require the arbitration to be conducted in the “metropolitan statistical area” (as defined by the U.S. Census Bureau) where you are a resident at the time the Dispute is submitted to arbitration, we shall have the right to elect to proceed to arbitration in such location. All parties to the arbitration will have the right, at their own expense, to be represented by an attorney or other advocate of their choosing. The parties will pay the administrative and arbitrator’s fees and other costs in accordance with the applicable arbitration rules; but if applicable arbitration rules or laws require us to pay a greater portion or all of such fees and costs in order for this section to be enforceable, then we will have the right to elect to pay the fees and costs and proceed to arbitration. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT (I) NO ARBITRATION SHALL BE JOINED WITH ANY OTHER; (II) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; AND (III) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC OR ANY OTHER PERSONS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE TO WAIVE YOUR RIGHT TO A JURY TRIAL AND UNDERSTAND THAT, ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT. THE SCOPE OF THIS WAIVER IS INTENDED TO BE ALLENCOMPASSING OF ANY AND ALL DISPUTES THAT MAY BE FILED IN ANY COURT AND THAT RELATE TO THE SUBJECT MATTER OF THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, CONTRACT CLAIMS, TORT CLAIMS, AND ALL OTHER COMMON LAW AND STATUTORY CLAIMS. ENTIRE AGREEMENT This Agreement and any applicable Bicycle Rental Agreement constitutes the entire agreement between you and JUMP Bikes and governs your use of the Website and Service, superseding any prior agreements between you and JUMP Bikes with respect to the Website or Service. SURVIVAL The terms and conditions contained in this Agreement that by their sense and context are intended to survive the performance hereof by the parties hereunder, including but not limited to the provisions relating to Indemnity, Disclaimer of Warranties, and Limitation of Liability, shall so survive the completion of the performance, cancellation, or termination of this Agreement. Effective as of May 18, 2018. Rental Agreement Welcome to JUMP! We hope you love participating in our bike share program. But take a moment. This document contains important information that you need to consider before agreeing to participate. jumpbikes.com Page 51 Confidential POWERED SCOOTER SHARE PROGRAM PERMIT APPLICATION BEFORE YOU CLICK “I ACCEPT” BELOW, PLEASE READ THIS DOCUMENT CAREFULLY. THIS DOCUMENT HAS LEGAL CONSEQUENCES AND WILL AFFECT YOUR LEGAL RIGHTS AND WILL LIMIT OR ELIMINATE YOUR ABILITY TO BRING FUTURE LEGAL ACTIONS. These terms and conditions are a legal agreement between you (“Member”, “Rider”, “You”, or “Your”) and Social Bicycles Inc. (d/b/a JUMP Bikes), with offices at 55 Prospect St., Ste. 304, Brooklyn, NY 11201 (“Our”, “We”, or “Us”), establishing terms and conditions under which You will submit information to, rent bicycle(s) from, and participate in a bicycle sharing program operated by Us. 1. GENERAL; SERVICE; RENTAL NOT PURCHASE; ADULT AGREEMENT REQUIRED We offer a service comprised of an automated self-serve bicycle rental system, bicycles, and related equipment, personnel, and information (collectively, the “Program” or “Service”). The Service includes maintenance of Our electric bicycles and/or non-electric bicycles (individually or collectively, the “Bicycle”, “Bicycles”, or “Bicycle(s)”) and hub station(s) (“Station(s)”) where the Bicycles are docked at a designated rack (“Rack”) using an electronically controlled lock (“Lock”). In consideration of Your use of the Service, We require that You agree to all the terms and conditions in this Rental Agreement, Liability Waiver, and Release (the “Rental Agreement” or this “Agreement”). You agree and acknowledge that You are renting the Bicycle(s) and that ownership of the Bicycle(s) remains with Us at all times. A valid credit or debit card is required to rent a Bicycle. The Bicycle(s) may be rented by and used by individuals at least 18 years of age only. If Member falsifies or misrepresents Member’s age, Member and his/her legal guardian shall bear full responsibility for all Claims (as defined below) related to such misrepresentation. 2. MODIFICATIONS TO AGREEMENT We reserve the right, in Our sole discretion, to unilaterally amend, modify, or change this Rental Agreement (each a “Modification”), at any time and from time to time. Whenever a Modification is made to this Rental Agreement, We will post an updated version of this Rental Agreement on jumpbikes.com (the “Website”). By continuing to use the Service after any Modification is posted, You agree to be bound by such Modification. You agree to carefully review this Agreement on the Website from time to time in order to maintain awareness of all Modifications, and agree that each time you rent a Bicycle, the then-current version of the Rental Agreement as posted on the Website will apply. 3. RENTAL FEES RETURN OF BICYCLES; CREDIT OR DEBIT CARD AUTHORIZATIONS We agree to rent to You, and You agree to rent from Us, the Bicycle(s) through the Service subject to the terms and conditions of this Rental Agreement and in accordance with the rates set forth on the Website, which are subject to applicable sales taxes and other local government charges and which may be modified from time to time at Our sole discretion. You understand and agree that the purpose of the Service is to provide short-term access to Bicycles and that Your use of any one Bicycle in the Service shall not exceed a continuous 24 hour period. Any Bicycle(s) not returned within 24 hours will be deemed stolen or lost. You assume full responsibility for care of the Bicycle(s) during the period of time You rent the Bicycle(s) (“Rental Period”). If the Bicycle(s) is damaged, stolen, or lost during the Rental Period, You shall immediately return any such damaged Bicycle(s) and/or report any such stolen or lost Bicycle to Us. You shall compensate Us if the Bicycle(s) is damaged (excluding damage from normal wear and tear), stolen, or lost during the Rental Period. Amounts due for a damaged, stolen, or lost Bicycle(s) will be charged to the credit or debit card associated with Your account up to a maximum of $1,600 per Bicycle. If the Bicycle(s) is damaged, You will be charged the cost to repair damages, as determined by Us and our affiliates in Our sole discretion, when the damages are reported to or discovered by Us. If the Bicycle(s) is stolen or lost, You will be charged up to an amount of $1,600 when the theft or loss is reported to or discovered by Us. You hereby authorize Us to charge Your credit or debit card for all fees incurred by You as well as such amounts due in connection with any overdue, damaged, stolen, or lost Bicycle, and We may, at Our sole discretion, place an authorization hold on Your credit or debit card to cover any such amounts. If You dispute any charge on Your account, then You must contact Us within ten (10) days of Your receipt of Your statement containing the disputed charge. 4. OUR COMMITMENTS TO YOU; AVAILABILITY OF SERVICE; STATE OF GOOD REPAIR (a) No Warranty. The Bicycle is rented to You AS IS and all Services are provided AS AVAILABLE without any warranty, express or implied, including warranties of merchantability or fitness for any particular purpose. (b) Availability of Service. We do not guarantee that the Service will be available at all times, as use of the Bicycles by other members of the Program, repairs, force majeure events, or other circumstances might prevent Us from providing the Service. Access to Bicycles is conditioned upon the availability of Bicycles. We do not guarantee, represent, or warrant the availability of the Service or the availability of any Bicycle. We may suspend all or part of the Service, may relocate Stations, reduce the number of Bicycles available for rent, and otherwise operate the Program in Our sole discretion. Members should use the Website or Our mobile application (“Mobile Application”) to check the availability of Bicycles. You agree that We may require You to return a Bicycle at any time, regardless of the period for which it was originally rented, and that You shall comply with any such requirement. (c) State of Good Repair. We will make every effort to provide Bicycles that are jumpbikes.com Page 52 Confidential POWERED SCOOTER SHARE PROGRAM PERMIT APPLICATION usable and in a state of general good repair. 5. YOUR COMMITMENTS TO US; MISCELLANEOUS REQUIREMENTS (a) Use of the Bicycle(s). You agree to treat the Bicycle(s) with due care. You are responsible for loss or damage to the Bicycle(s) rented by You due to theft, mysterious disappearance, or any other cause, other than ordinary wear and tear. Before using a Bicycle, You shall inspect such Bicycle for defects and report to Us any such defect prior to the commencement of Your rental. If you discover a defect during Your rental, You agree to report it to us prior to the end of Your rental. You must report defects to Us by using the repair function on the keypad of the Bicycle (“Keypad”) or via the Mobile Application. If You notice a Bicycle has a defect that in any way may impair Your ability to operate it safely, You must use a different Bicycle. You should take extra precautions while riding Bicycles that are electric bicycles, as accelerating and braking on electric bicycles, among other aspects, differ from doing so on non-electric bicycles. (b) Locking the Bicycle(s). If You leave a Bicycle unattended at any time for any reason, You are responsible for securing the Bicycle to a bicycle rack using the Lock to protect against theft of the Bicycle. You agree to ensure that when a Bicycle is not in use the Lock is at all times securely attached to the Bicycle and a bicycle rack and not only to the Bicycle. You shall not leave any Bicycle unattended at any location at any time for any reason, unless it is secured as specified above. (c) Returning the Bicycle(s). Upon the end of the Rental Period, You agree to return the Bicycle to one of the Station locations listed on the Mobile Application and to secure the Bicycle to the Rack by the Lock. In the event the Program permits return of the Bicycle(s) to any bicycle rack that is not at a Station within the Program area, as indicated on the Website, additional fees will apply and You agree to lock the Bicycle(s) to the rack as specified above. You agree to refer to the Website for further requirements for returning the Bicycle(s) and to comply with any and all such requirements and instructions. (d) Collections. All amounts due and payable to Us will be charged to Your credit or debit card. In the event that the credit or debit card charges are not paid to Us, other collection procedures will be employed. You agree to pay all of Our costs of collection, including without limitation reasonable attorneys’ fees, if You do not pay amounts owed hereunder when due. (e) Required Information. You shall provide us with Your name, address, phone number, email, and payment information, as well as other information as may be required. You shall make sure that all information provided is accurate and promptly updated, in the event of any change. Use of Our Service and/or rental of any Bicycle based on the provision of false and/or fraudulent information shall be considered theft. Our Privacy Policy is available on Our Mobile Application and here: jumpbikes.com/privacy. BY USING THE SERVICES, YOU AGREE TO THE PRACTICES AND POLICIES OUTLINED IN THIS PRIVACY POLICY AND YOU HEREBY CONSENT TO THE USE OF YOUR INFORMATION AS DESCRIBED IN THIS PRIVACY POLICY AND ANY OTHER APPLICABLE POLICY MADE AVAILABLE ON THE WEBSITE OR MOBILE APPLICATION. IF YOU DO NOT AGREE WITH THIS PRIVACY POLICY AND ANY OTHER APPLICABLE POLICY, YOU CANNOT USE THE SERVICES. (f) Use of Website and Mobile Applications. The Terms of Service governing access to and use of the Mobile Application is available here: jumpbikes.com/terms. BY DOWNLOADING THE MOBILE APPLICATION, YOU AGREE TO THE PRACTICES AND POLICIES OUTLINED IN THE TERMS OF SERVICE AND ANY OTHER APPLICABLE POLICY MADE AVAILABLE ON THE WEBSITE OR MOBILE APPLICATION; YOU CONSENT TO THE MOBILE APPLICATION ACCESSING YOUR LOCATION EVEN WHEN YOU ARE NOT USING THE MOBILE APPLICATION (UNLESS YOU HAVE DISABLED LOCATION TRACKING IN YOUR ACCOUNT SETTINGS); AND YOU CONSENT TO OUR SHARING YOUR ANONYMOUS LOCATION DATA WITH OUR RESEARCH PARTNERS. IF YOU DO NOT AGREE WITH THE TERMS OF SERVICE AND ANY APPLICABLE POLICY, YOU CANNOT USE THE MOBILE APPLICATION AND MUST REMOVE IT FROM YOUR DEVICE. (g) Not a Common Carrier. You agree that We are not a common carrier. Alternative means of public and private transportation are available to the general public and to You individually, including public buses and light rail service, taxis, and pedestrian paths. We provide Bicycles only as a convenience, and the Service is intended for those persons who are able and qualified to operate a Bicycle on their own and who have agreed to all terms and conditions of this Agreement. (h) Restricted Uses. You shall not do any of the following acts (“Restricted Uses”): Use any Bicycle if You are younger than 18 years of age. Use any Bicycle if You exceed the maximum weight limit (210 pounds) of the Bicycle. Use any Bicycle if You have any existing physical or mental condition that would prohibit You from safely operating the Bicycle. Operate a Bicycle while carrying any item that impedes Your ability to safely operate the Bicycle. jumpbikes.com Page 53 Confidential POWERED SCOOTER SHARE PROGRAM PERMIT APPLICATION Operate a Bicycle while under the influence of alcohol, drugs, or any other substance that impairs Your ability to safely operate the Bicycle. Use any cell phone or mobile electronic device for any use that distracts You from the safe operation of the Bicycle, including but not limited to phone calls, text messages, or music. Allow any other person to use the Bicycle or allow more than one person to be carried on the Bicycle. Overfill the Bicycle basket or place objects weighing in total more 20 pounds in the Bicycle basket. Violate any applicable federal, state, or local law or regulation. Operate or use a Bicycle in any manner during adverse weather conditions, including but not limited to hail, dust storms, fog, heavy rains, or lightning storms. Ride or operate a Bicycle that has any defect, fails to operate as a properly functioning Bicycle, or that is in need of repair. Use the Bicycle if it, or any component of it, appears to be or becomes defective or malfunctions. Use the Bicycle for racing, tricks, jumping, stunt riding, off-road riding, or in any other hazardous manner. Use the Bicycle for any commercial purposes. Tow, pull, carry, or push any person or object with a Bicycle. Remove, dismantle, write on, deface, misuse, or modify any accessories, parts, or components of any Bicycle. 6. MEDIA RELEASE We reserve the right to photograph and record You using the Bicycle(s). You hereby give Us the right to use Your image and likeness (including caricature), and any reproduction or simulation thereof, in any media now known or hereafter developed, both during and after the term of this Agreement, for whatever the purposes We deem necessary or desirable. You hereby waive any right to royalties or other compensation arising from or related to any such use by Us or related entities. 7. ASSUMPTION OF RISK, RELEASE AND WAIVER OF LIABILITY, AND INDEMNITY In consideration for your participation in the Program and Your use of any of the Services, You hereby freely and voluntarily acknowledge and/or take action for yourself, and on behalf of Your spouse, children, parents, guardians, heirs, next of kin, and any legal or personal representatives, executor, administrators, successors and assigns, or anyone else who might claim or sue on Your behalf, as follows: (a) YOU HEREBY ACKNOWLEDGE AND ASSUME ALL RISKS OF PARTICIPATING IN THIS PROGRAM. You acknowledge that bicycling is inherently dangerous and carries with it the potential for serious bodily injury, permanent disability, paralysis and death, and property damage and loss. You acknowledge and agree that it is Your responsibility to determine whether You are sufficiently fit and healthy enough to safely participate in the Program, which You elect voluntarily. You have no physical or medical condition that would endanger You or others if You participate in the program, or would interfere with Your ability to safely participate. You also certify that You have not been advised against cycling or any other activity related to participation in the Program by any health professional. You understand and acknowledge that there may be heavy vehicle and pedestrian traffic. You assume all other risks associated with participation in the Program including without limitation: falls; dangers of collision with vehicles, pedestrians, and fixed objects; dangers arising from surface hazards, equipment design failure, and inadequate safety equipment; hazards posed by vehicles, pedestrians, and other cyclists; and weather conditions. You further acknowledge that these risks include risks that may be the result of the failure and/or design of equipment supplied by, or the negligent acts, omissions and/or carelessness of, the Released Parties. You understand that You will be participating in the Program at Your own risk, that You are responsible for the risks of participation in the Program, and that Your participation in the Program is fully voluntary. (b) You have been advised to wear a protective helmet while participating in the Program. You understand and acknowledge the increased risk for personal injury, permanent disability, paralysis and death due to not wearing a protective helmet. You assume responsibility for any injury, loss, or damage associated with Your choosing not to wear a protective helmet; further, because helmets do not protect against all head injuries, and do not protect against other injuries, You assume responsibility for any injury, loss, or damages associated with Your participation in the Program even if You choose to wear a protective helmet. You also agree to follow the “Rules of the Road”: follow and obey all laws and regulations, obey traffic signals and stop signs, ride with traffic, make Your intentions clear to motorists and other road users, ride in a straight line and do not swerve, stay seated while riding, signal turns, and check before turning or changing lanes. (c) You understand and acknowledge the dangers associated with the consumption of alcohol and/or drugs while riding a bike and You recognize that consumption of alcohol and/or drugs might impair Your judgment and motor skills. You agree not to use the Bicycle while under the influence of alcohol and/or drugs, and further assume responsibility for any injury, loss, or damage associated with Your consumption of alcohol and/or drugs. (d) YOU WAIVE, RELEASE, AND FOREVER DISCHARGE Social Bicycles Inc. (d/b/a JUMP Bikes), the Program’s sponsors, organizers, promoters, staff, advertisers, volunteers, property owners, administrators, contractors, any and all other vendors and all other individuals or entities jumpbikes.com Page 54 Confidential POWERED SCOOTER SHARE PROGRAM PERMIT APPLICATION involved with the Program, and all state, city, town, county, and other governmental bodies and/or municipal agencies whose property and/ or personnel are used and/or in any way assist in locations in which the Program takes place, and each of their respective parent, subsidiary and affiliated companies, officers, directors, partners, board members, shareholders, attorneys, insurers, agents, employees, volunteers, and other participants and representatives (individually and collectively, the “Released Parties”) from any and all claims, liabilities of every kind, demands, damages (including without limitation, direct, indirect, incidental, consequential and punitive), losses and causes of action (whether known, unknown, asserted, unasserted, fixed, conditional, or contingent), of any kind or nature (including without limitation, those based in contract, tort, statutory, or other grounds), which You have or may have in the future, including court costs, attorneys’ fees and litigation expenses (individually and collectively, the “Claims”) that may arise out of, or result from, Your participation in the Program, including death, personal injury, temporary or permanent disability, property damage and damages of any kind, property theft, and Claims relating to the provision of first aid, medical care, medical treatment, or medical decisions and any claims for medical or hospital expenses, EVEN IF SUCH CLAIMS ARE CAUSED BY THE NEGLIGENT ACTS, OMISSIONS, OR THE CARELESSNESS OF THE RELEASED PARTIES AND EVEN IF THE RELEASED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIMS. You expressly waive all rights under California Civil Code Section 1542, and similar laws applicable in other jurisdictions, which provides: A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor. Any such release is intended to be a complete and general release of all Claims. The Released Parties may plead such releases as a complete and sufficient defense to any Claim, as direct or intended third party beneficiaries of such releases. (e) YOU FURTHER COVENANT AND AGREE NOT TO SUE any of the Released Parties for any of the Claims that You have waived, released, or discharged herein. (f) YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS the Released Parties from any and all expenses incurred, Claims made by You or third parties, for liabilities assessed against the Released Parties, including but not limited to court costs, attorneys’ fees, and litigation expenses, arising out of or resulting from, directly or indirectly, in whole or in part, Your breach or failure to abide by any part of this Waiver, by Your breach or failure to abide by the rules of the Program and/or Your actions or inactions which cause injury or damage to any other person. (g) You understand that the Program does not provide insurance coverage for damage or injuries incurred during the Program. You agree to be responsible and assume liability for any and all costs incurred as a result of participation in the Program, including without limitation ambulance transport services, hospital stays, medical treatment. You agree to indemnify and hold harmless the Released Parties from all liability for such costs. (h) You understand that We reserve the right, at Our sole and complete discretion, to deny Your participation in the Program. (i) FOR THE AVOIDANCE OF DOUBT, YOU DO HEREBY ACKNOWLEDGE AND AGREE THAT WE AND ALL OTHER RELEASED PARTIES ARE NOT RESPONSIBLE OR LIABLE FOR ANY CLAIM THAT ARISES OUT OF OR RELATES TO (A) ANY RISK, DANGER, OR HAZARD DESCRIBED IN THIS AGREEMENT, (B) YOUR USE OF, OR INABILITY TO USE, ANY SERVICE, BICYCLE, OR RELATED INFORMATION, (C) YOUR BREACH OF THIS AGREEMENT OR YOUR VIOLATION OF ANY LAW, (D) ANY MISCONDUCT, OR OTHER ACTION OR INACTION BY YOU, OR (E) YOUR FAILURE TO WEAR A BICYCLE HELMET WHILE PARTICIPATING IN THE PROGRAM. YOU DO HEREBY WAIVE ALL CLAIMS WITH RESPECT TO ANY OF THE FOREGOING, INCLUDING THOSE BASED IN CONTRACT, TORT, STATUTORY, OR OTHER GROUNDS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIMS. FURTHER, TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WE OR ANY RELEASED PARTY BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM PARTICIPATION IN THE PROGRAM OR THE USE OF, OR INABILITY TO USE, THE SERVICES. MOREOVER, IF WE, OR ANY RELEASED PARTY, ARE FOUND TO BE LIABLE FOR ANY CLAIMS ON ANY BASIS, SUCH LIABILITY SHALL BE LIMITED TO THE GREATER OF (A) THE TOTAL FEES PAID BY YOU HEREUNDER OR (B) ONE HUNDRED US DOLLARS ($100). 8. TERM AND TERMINATION We may unilaterally terminate Your right to use the Service, in Our sole discretion and without any notice or cause. You may terminate Your use of the Services at any time; provided, however, that (i) no refund will be provided by Us and (ii) You may still be charged any applicable additional fees arising under this Agreement. Sections 3, 4, 5, 6, 7, 8, and 9 shall survive any termination or expiration of this Agreement. 9. MISCELLANEOUS The Rental Agreement constitutes the entire agreement between Member and Us with respect to the subject matter hereof and is the final, complete, and exclusive statement of the terms of the Agreement, superseding all prior written and oral agreements, understandings, representations, and undertakings with respect to the subject matter hereof. The waiver of any term or condition or any breach thereof shall not affect any other term of condition of this Agreement. This Agreement shall be governed by and construed in accordance with the laws of the State of California excluding its conflicts of laws principles. Termination of this Agreement or your right to use the Service will not relieve You of any payment obligations hereunder. If any provision of this Agreement shall be held illegal, unenforceable, or in conflict with any law jumpbikes.com Page 55 Confidential POWERED SCOOTER SHARE PROGRAM PERMIT APPLICATION of any authority having jurisdiction over this Agreement, the validity of the remaining portions or provisions hereof shall remain in full force and effect. We shall not be liable for failure to perform any of Our obligations hereunder for reasons that are beyond Our reasonable control, including, without limitation, fire, flood, earthquake, natural disaster, interruptions in supply, war, embargo, riots, or acts of terrorism. YOU HEREBY AFFIRM THAT YOU ARE AT LEAST 18 YEARS OF AGE; YOU HAVE THE LEGAL AND MENTAL CAPACITY TO ENTER INTO THIS AGREEMENT; AND YOU HAVE READ AND AGREED TO THIS AGREEMENT, FULLY UNDERSTAND ITS CONTENT, AND INTENTIONALLY AND VOLUNTARILY ACCEPT ITS TERMS. Uber Technologies Privacy Policy Introduction When you use Uber, you trust us with your information. We are committed to keeping that trust. That starts with helping you understand our privacy practices. This policy describes the information we collect, how it is used and shared, and your choices regarding this information. We recommend that you read this along with our Privacy Overview, which highlights key points about our privacy practices (including what information we collect, when we collect it, and how we use it). Last Modified: May 25, 2018 Effective Date: May 25, 2018 Download Previous Policy Data Collections And Uses Scope SUMMARY This policy applies to users of Uber’s services anywhere in the world, including users of Uber’s apps, websites, features or other services. This policy describes how Uber and its affiliates collect and use personal information to provide our services. This policy applies to all users of our apps, websites, features or other services anywhere in the world, unless covered by a separate privacy policy such as the Uber Freight Privacy Policy. This policy specifically applies to: Riders: users who request or receive transportation Drivers: users who provide transportation individually or through partner transportation companies Delivery Recipients: users who request deliveries of food or other items Delivery Partners: users who provide delivery services This policy also applies to those who provide information to Uber in connection with an application to use our services, or whose information Uber otherwise receives in connection with its services (such as contact information of individuals associated with UberEats restaurant partners). All those subject to this policy are referred to as “users” for purposes of this policy. The practices described in this policy are subject to applicable laws in the places in which we operate. This means that we only engage in the practices described in this policy in a particular country or region if permitted under the laws of those places. Please contact us if you have questions on our practices in your country or region. Data Controller SUMMARY Uber provides services to users throughout the world. If you use our services in the United States, Uber Technologies, Inc. is the data controller for your information. If you use our services in the European Union or elsewhere, Uber B.V. is the data controller. We process personal information inside and outside of the United States. jumpbikes.com Page 56 Confidential POWERED SCOOTER SHARE PROGRAM PERMIT APPLICATION If you live in the United States, the data controller for the information you provide or that is collected by Uber or its affiliates is: Uber Technologies, Inc. 1455 Market Street San Francisco, California, 94103 If you live in the European Union or elsewhere, the data controller is: Uber B.V. Mr. Treublaan 7, 1097 DP Amsterdam, the Netherlands. Questions, comments and complaints about Uber’s data practices can be submitted to Uber’s data protection office through here. We process personal information inside and outside of the United States. Uber transfers information of users’ outside the United States on the basis of mechanisms approved under applicable laws. The Information We Collect SUMMARY Uber collects: Information that you provide to Uber, such as when you create your Uber account. Information created when you use our services, such as location, usage and device information. Information from other sources, such as Uber partners and third parties that use Uber APIs. The following information is collected by or on behalf of Uber: Information you provide This may include: User profile: We collect information when you create or update your Uber account. This may include your name, email, phone number, login name and password, address, payment or banking information (including related payment verification information), government identification numbers, birth date, photo and signature. This also includes vehicle or insurance information of drivers. This also includes the preferences and settings that you enable for your Uber account. Background check information: We may collect background check information if you sign up to use Uber’s services as a driver or delivery partner. This may include information such as your driver history or criminal record (where permitted by law). This information may be collected by a vendor on Uber’s behalf. Demographic data: We may collect demographic information about you, including through user surveys. In some countries, we may also receive demographic information about you from third parties. User content: We may collect information that you submit when you contact Uber customer support, provide ratings or compliments for other users, or otherwise contact Uber. Address book or calendar: If you permit the Uber app to access the address book on your device, we may collect names and contact information from your address book for purposes such as facilitating social interactions through our services. If you permit the Uber app to access the calendar on your device, we collect calendar information such as event title and description, your response (Yes, No, Maybe), date and time, location, and number of attendees. Information created when you use our services This may include: Location Information jumpbikes.com Page 57 Confidential POWERED SCOOTER SHARE PROGRAM PERMIT APPLICATION Depending on the Uber services that you use, and your app settings or device permissions, we may collect your precise or approximate location information as determined through data such as GPS, IP address and WiFi. If you are a driver or delivery partner, Uber collects location information when the Uber app is running in the foreground (app open and onscreen) or background (app open but not on screen) of your device. If you are a rider, Uber may collect location information when the Uber app is running in the foreground. In certain regions, Uber may also collect this information when the Uber app is running in the background of your device if this collection is enabled through your app settings or device permissions. Riders and delivery recipients may use the Uber app without enabling Uber to collect their location information. However, this may affect the functionality available on your Uber app. For example, if you do not enable Uber to collect your location information, you will have to manually enter your pickup address. In addition, location information will be collected from the driver during your trip, even if you have not enabled Uber to collect your location information. Transaction Information We collect transaction details related to your use of our services, including the type of services you requested or provided, your order details, delivery information, date and time the service was provided, amount charged, distance traveled, and payment method. Additionally, if someone uses your promotion code, we may associate your name with that person. Usage information We collect information about how you interact with our services. This includes information such as access dates and times, app features or pages viewed, app crashes and other system activity, type of browser, and third-party sites or service you were using before interacting with our services. In some cases, we collect this information through cookies, pixel tags, and similar technologies that create and maintain unique identifiers. To learn more about these technologies, please see our Cookie Statement. Device Information We may collect information about the devices you use to access our services, including the hardware models, device IP address, operating systems and versions, software, file names and versions, preferred languages, unique device identifiers, advertising identifiers, serial numbers, device motion information, and mobile network information. Communications data We enable users to communicate with each other and Uber through the Uber apps, websites, and other services. For example, we enable drivers and riders, and delivery partners and recipients, to call or text each other (in some countries, without disclosing their telephone numbers to each other). To provide this service, Uber receives some information regarding the calls or texts, including the date and time of the call/text, and the content of the communications. Uber may also use this information for customer support services (including to resolve disputes between users), for safety and security purposes, to improve our products and services and for analytics. Information from other sources These may include: User feedback, such as as ratings or compliments. Users providing your information in connection with referral programs. Users requesting services for or on your behalf. Users or others providing information in connection with claims or disputes. jumpbikes.com Page 58 Confidential POWERED SCOOTER SHARE PROGRAM PERMIT APPLICATION Uber business partners through which you create or access your Uber account, such as payment providers, social media services, on-demand music services, or apps or websites who use Uber’s APIs or whose API Uber uses (such as when you order a ride through Google Maps). Insurance providers (if you are a driver or delivery partner). Financial services providers (if you are a driver or delivery partner). Partner transportation companies (if you are a driver who uses our services through an account associated with such a company). The owner of an Uber for Business or Uber Family profile that you use. Publicly available sources. Marketing service providers. Uber may combine the information collected from these sources with other information in its possession. How We Use Your Information SUMMARY Uber collects and uses information to enable reliable and convenient transportation, delivery and other products and services. We also use the information we collect: To enhance the safety and security of our users and services For customer support For research and development To enable communications to or between users To provide promotions or contests In connection with legal proceedings Uber does not sell or share your personal information to third parties for third party direct marketing purposes. Uber uses the information it collects for purposes including: Providing services and features Uber uses the information we collect to provide, personalize, maintain and improve our products and services. This includes using the information to: Create and update your account. Verify your identity. Enable transportation, deliveries, and other services. This includes automated processing of your information to enable Dynamic Pricing, in which the price of a ride is determined based on constantly varying factors such as the estimated time and distance of the predicted route, estimated traffic, and the number of riders and drivers using Uber at a given moment. Process or facilitate payments for those services. Offer, obtain, provide or facilitate insurance or financing solutions in connection with our services. To track the progress of your ride or delivery. Enable features that allow you to share information with other people, such as when you submit a compliment about a driver, refer a friend to Uber, split fares, or share your ETA. jumpbikes.com Page 59 Confidential POWERED SCOOTER SHARE PROGRAM PERMIT APPLICATION Enable features to personalize your Uber account, such as creating bookmarks for your favorite places, and to enable quick access to previous destinations. Enable Accessibility features that make it easier for users with disabilities to use our services, such as those which enable deaf or hard-ofhearing drivers to alert their riders of their disabilities, allow only text messages from riders, and to receive flashing trip request notifications instead of sound notifications. Perform internal operations necessary to provide our services, including to troubleshoot software bugs and operational problems, to conduct data analysis, testing, and research, and to monitor and analyze usage and activity trends. Safety and security We use your data to help maintain the safety, security and integrity of our services and users. This includes, for example: Screening drivers and delivery partners prior to enabling their use of our services and at subsequent intervals, including through reviews of background checks where permitted by law, to prevent use of our services by unsafe drivers. Using information from drivers’ devices to identify unsafe driving behavior such as speeding or harsh braking and acceleration, and to raise awareness among drivers regarding such behaviors. our Real-Time ID Check feature, which prompts drivers to share a selfie before going online. This helps ensure that the driver using the app matches the Uber account we have on file, preventing fraud and helping to protect other users. Using device, location, profile, usage and other information to prevent, detect, and combat fraud or unsafe activities. This includes processing of such information, in certain countries, to identify practices or patterns that indicate fraud or risk of safety incidents. This may also include information from third parties. In certain cases such incidents may lead to deactivation by means of an automated decision making process. Users in the EU have have the right to object to this type of processing; see Section II.I.1.d for more information Using user ratings to encourage improvement by affected users, and as grounds for deactivating users with ratings below a certain minimum as may be required in their region. Calculation and deactivation may be done through an automated decision making process. Users in the EU have have the right to object to this type of processing; see Section II.I.1.d for more information. Customer support Uber uses the information we collect (including recordings of customer support calls after notice to you and with your consent) to assist you when you contact our customer support services, including to: Direct your questions to the appropriate customer support person Investigate and address your concerns Monitor and improve our customer support responses Research and development We may use the information we collect for testing, research, analysis and product development. This allows us to improve and enhance the safety and security of our services, develop new features and products, and facilitate insurance and finance solutions in connection with our services. Communications among users Uber uses the information we collect to enable communications between our users. For example, a driver may text or call a rider to confirm a pickup location, or a restaurant or delivery partner may call a delivery recipient with information about their order. Communications from Uber Uber may use the information we collect to communicate with you about products, services, promotions, studies, surveys, news, updates and events. Uber may also use the information to promote and process contests and sweepstakes, fulfill any related awards, and serve you relevant ads and content about our services and those of our business partners. You may receive some of these communications based on your profile as an Uber user. Users in the EU have have the right to object to this type of processing; see Section II.I.1.d for more information. Uber may also use the information to inform you about elections, ballots, referenda and other political and policy processes that relate to our services. jumpbikes.com Page 60 Confidential POWERED SCOOTER SHARE PROGRAM PERMIT APPLICATION Legal proceedings and requirements We may use the information we collect to investigate or address claims or disputes relating to your use of Uber’s services, or as otherwise allowed by applicable law, or as requested by regulators, government entities, and official inquiries. Cookies And Third Party Technologies SUMMARY Uber and its partners use cookies and other identification technologies on our apps, websites, emails, and online ads for purposes described in this policy. Cookies are small text files that are stored on your browser or device by websites, apps, online media, and advertisements. Uber uses cookies and similar technologies for purposes such as: Authenticating users Remembering user preferences and settings Determining the popularity of content Delivering and measuring the effectiveness of advertising campaigns Analyzing site traffic and trends, and generally understanding the online behaviors and interests of people who interact with our services We may also allow others to provide audience measurement and analytics services for us, to serve advertisements on our behalf across the Internet, and to track and report on the performance of those advertisements. These entities may use cookies, web beacons, SDKs, and other technologies to identify your device when you visit our site and use our services, as well as when you visit other online sites and services. Please see our Cookie Statement for more information regarding the use of cookies and other technologies described in this section, including regarding your choices relating to such technologies. Information Sharing And Disclosure SUMMARY Some of Uber’s products, services and features require that we share information with other users or at your request. We may also share your information with our affiliates, subsidiaries and business partners, for legal reasons or in connection with claims or disputes. Uber may share the information we collect: With other users For example, if you are a rider, we may share your first name, average rider rating given by drivers, and pickup and/or dropoff locations with drivers. If you share an uberPOOL trip with another rider, that rider may be told your name and may see your pickup and/or dropoff location. If you are a driver or delivery partner, we may share information with your rider(s) including name and photo; vehicle make, model, color, license plate, and vehicle photo; location; average rating provided by riders; total number of trips; for how long you have been using the Uber app; and contact information (depending upon applicable laws). If you choose to complete a driver profile, we may also share any information associated with that profile, including information that you submit and compliments that past riders have submitted about you. The rider/ delivery recipient will also receive a receipt containing information such as a breakdown of amounts charged, your first name, photo, and a map of the route you took. At your request This includes sharing your information with: Other people at your request. For example, we may share your ETA and location with a friend at your request, or your trip information when you split a fare with a friend. Uber business partners. For example, if you requested a service through a partnership or promotional offering made by a third party, Uber may share your information with those third parties. This may include, for example, other apps or websites that integrate with our APIs, vehicle suppliers, or services, or those with an API or service with which we integrate, or business partners with whom Uber may partner with to deliver a promotion, a contest or a specialized service. jumpbikes.com Page 61 Confidential POWERED SCOOTER SHARE PROGRAM PERMIT APPLICATION With the general public when you submit content to a public forum We love hearing from our users -- including through public forums such as Uber blogs, social media, and certain features on our network. When you communicate with us through those channels, your communications may be viewable by the public. With the owner of Uber accounts that you may use If you use a profile associated with another party we may share your trip information with the owner of that profile. This occurs, for example, if you are: A rider using your employer’s Uber for Business profile, or taking trips arranged through Uber Central. A driver using an account owned by a partner transportation company. A rider who takes a trip arranged by a friend or under a Family Profile. A delivery partner acting as a substitute (U.K. only). With Uber subsidiaries and affiliates We share information with our subsidiaries and affiliates to help us provide our services or conduct data processing on our behalf. For example, Uber processes and stores information in the United States on behalf of its international subsidiaries and affiliates. With Uber service providers and business partners Uber may provide information to its vendors, consultants, marketing partners, research firms, and other service providers or business partners. This may include, for example: Payment processors and facilitators. Background check providers (drivers and delivery partners only). Cloud storage providers. Marketing partners and marketing platform providers. Data analytics providers. Research partners, including those performing surveys or research projects in partnership with Uber or on Uber’s behalf. Vendors that assist Uber to enhance the safety and security of its apps. Consultants, lawyers, accountants and other professional service providers. Fleet partners. Insurance and financing partners. Airports. Yandex Taxi and other local providers. Restaurant partners. jumpbikes.com Page 62 Confidential POWERED SCOOTER SHARE PROGRAM PERMIT APPLICATION Vehicle solution vendors or third party vehicle suppliers. For legal reasons or in the event of a dispute Uber may share your information if we believe it is required by applicable law, regulation, operating agreement, legal process or governmental request, or where the disclosure is otherwise appropriate due to safety or similar concerns. This includes sharing your information with law enforcement officials, government authorities, airports (if required by the airport authorities as a condition of operating on airport property), or other third parties as necessary to enforce our Terms of Service, user agreements, or other policies, to protect Uber’s rights or property or the rights, safety or property of others, or in the event of a claim or dispute relating to your use of our services. If you use another person’s credit card, we may be required by law to share information with that credit card holder, including trip information. This also includes sharing your information with others in connection with, or during negotiations of, any merger, sale of company assets, consolidation or restructuring, financing, or acquisition of all or a portion of our business by or into another company. Please see Uber’s Guidelines for Law Enforcement Authorities for more information. With your consent Uber may share your information other than as described in this policy if we notify you and you consent to the sharing. Information Retention And Deletion SUMMARY Uber retains user profile and other information for as long as you maintain your Uber account. Uber retains transaction, location, usage and other information for 7 years in connection with regulatory, tax, insurance or other requirements in the places in which it operates. Uber thereafter deletes or anonymizes such information in accordance with applicable laws. If you withdraw consent to the collection or use of personal information for optional features, such as features that use your calendar or address book, Uber deletes such personal information. Users may request deletion of their accounts at any time. Following such request, Uber deletes the information that it is not required to retain, and restricts access to or use of any information it is required to retain. Uber requires user profile information in order to provide its services, and retains such information for as long you maintain your Uber account. Uber retains certain information, including transaction, location, device and usage information, for a minimum of 7 years in connection with regulatory, tax, insurance and other requirements in the places in which it operates. Once such information is no longer necessary to provide Uber’s services, enable customer support, enhance the user experience or other operational purposes, Uber takes steps to prevent access to or use of such information for any purpose other than compliance with these requirements or for purposes of safety, security and fraud prevention and detection. You may request deletion of your account at any time through the Privacy Settings in the Uber app, or via Uber’s website (riders and delivery recipients here; drivers and delivery partners here). Following such request, Uber deletes the information that it is not required to retain. In certain circumstances, Uber may be unable to delete your account, such as if there is an outstanding credit on your account or an unresolved claim or dispute. Upon resolution of the issue preventing deletion, Uber will delete your account as described above. Uber may also retain certain information if necessary for its legitimate business interests, such as fraud prevention and enhancing users’ safety and security. For example, if Uber shuts down a user’s account because of unsafe behavior or security incidents, Uber may retain certain information about that account to prevent that user from opening a new Uber account in the future. jumpbikes.com Page 63 Confidential POWERED SCOOTER SHARE PROGRAM PERMIT APPLICATION Special Information For EU Users SUMMARY Beginning May 25, 2018, the processing of personal data of users in the European Union is subject to the EU General Data Protection Regulation (“GDPR”). This section summarizes Uber’s grounds for processing personal information under the GDPR, and the rights of EU users as relates to Uber’s handling of personal information. Beginning May 25, 2018, the processing of personal data of users in the European Union is subject to the EU General Data Protection Regulation (“GDPR”). This section provides information as relates to EU users’ rights, and Uber’s responsibilities, under this regulation. 1. EU User Rights If you are an Uber user in the EU, you have the following rights with respect to Uber’s handling of your personal information. To exercise these rights, please see below or submit your request here. Users outside the EU may also request explanation, correction, deletion or copies of their personal data here. a. Explanation and copies of your data You have the right to request an explanation of the information that Uber has about you and how Uber uses that information. You also have the right to receive a copy of the information that Uber collects about you if collected on the basis of consent or because Uber requires the information to provide the services that you request. b. Correction If Uber has information about you that you believe is inaccurate, you have the right to request correction of your information. Please see the section titled “Explanation, Copies and Correction” below for more information on correcting, or requesting correction of, your information. c. Deletion Users may request deletion of their accounts at any time. Users may requests deletion through the Privacy Settings menu in the Uber app, or via Uber’s website (riders and delivery recipients here; drivers and delivery partners here). We may retain certain information about you as required by law and for legitimate business purposes permitted by law. Please see the “Information Retention & Deletion” section above for more information regarding Uber’s retention and deletion practices. d. Objections and complaints Users in the EU have the right to object to Uber’s processing of personal data, including for marketing purposes based on profiling and/or automated decision making. Uber may continue to process your information notwithstanding the objection to the extent permitted under GDPR. Users in the EU also have the right to file a complaint relating to Uber’s handling of your personal information with the Autoriteit Persoonsgegevens, the Dutch Data Protection Authority. Their contact information is as follows: Autoriteit Persoonsgegevens Postbus 93374 jumpbikes.com Page 64 Confidential POWERED SCOOTER SHARE PROGRAM PERMIT APPLICATION 2509 AJ DEN HAAG (+31) - (0)70 - 888 85 00 You may also submit questions, comments or complaints to Uber’s Data Protection Officer. 2. Grounds for Processing The GDPR requires that companies processing the personal data of EU users do so on the basis of specific legal grounds. As described below, Uber processes the information of EU users based on one or more of the grounds specified under the GDPR: a. The processing is necessary to provide the services and features you request Uber must collect and use certain information in order to provide its services. This includes: User profile information that is necessary to establish and maintain your account, including to verify your identity; enable communications with you about your trips, orders and accounts; and to enable you to make payments or receive earnings. Background check Information necessary to enable drivers to provide transportation services through the Uber app. Driver location Information, which is necessary to match drivers with riders, and to track trips while in-progress and suggest navigation. Transaction information, which is necessary to generate and maintain in connection with your use of Uber’s services. Usage information, which is necessary to maintain, optimize and enhance Uber’s services, including to determine, sometimes in combination with other information, incentives, connect riders and drivers, and calculate costs of trips and driver earnings. Collection and use of this information is a requirement for using Uber’s apps. b. The processing is necessary to protect the vital interests of our users or of others Uber may process personal information, including disclosing data with law enforcement authorities in case of threats to the safety of users or of others. c. The processing is necessary for Uber’s legitimate interests Uber collects and uses personal information to the extent necessary for its legitimate interests. This includes collecting and using information: To maintain and enhance our users’ safety and security. For example, we collect background check information (where permitted by law) to prevent unsafe users from providing services through our apps. We also use personal information to prevent use of our services by users who have engaged in inappropriate or dangerous behavior, such as by retaining information of banned users to prevent their use of Uber’s apps. We also use usage information to prevent matching of riders and drivers for whom there is higher risk of conflict (e.g., because they have been the subject of prior complaints from other users). To prevent, detect and combat fraud in connection with the use of our services. For example, Uber uses user profile, location, device and usage information, to identify and prevent circumstances when users attempt to defraud Uber or other users. To inform law enforcement officials regarding criminal acts or threats to public safety. jumpbikes.com Page 65 Confidential POWERED SCOOTER SHARE PROGRAM PERMIT APPLICATION To provide customer support. To optimize our service and develop new services. This includes, for example, identifying the best pick-up / drop locations, recommending (new) features, improving navigation, and enhancing pricing and matching riders and drivers or delivery recipients and partners. For research and analytical purposes. This includes, for example, analyzing usage trends to improve the user experience and enhance the safety and security of our services. For direct marketing purposes. This includes, for example, analysing data to identify trends and tailor marketing messages to user needs. To enforce Uber’s Terms of Service. d. The processing is necessary for the legitimate interests of other persons or parties Uber collects and uses personal information to the extent necessary for the interests of other persons or the general public. This includes sharing information in connection with legal or insurance claims, to protect the rights and safety of others. Uber may also process personal information when necessary in regards to a substantial public interest, on the basis of applicable laws. e. The processing is necessary to fulfill Uber’s legal obligations Uber is subject to legal requirements in the jurisdictions in which it operates that require us to collect, process, disclose and retain your personal data. For example, Uber is subject to laws and regulations in many cities and countries that require it to collect and retain information about your trips, to retain such information for extended periods of time, and to provide copies of such information to governmental or other authorities. Uber uses your information to comply with such laws to the extent they apply to your use of the Uber apps. Uber may also share information with law enforcement, or requests by third parties pursuant to legal processes. For more information about such sharing, please see Uber’s Guidelines for Law Enforcement Authorities in the United States, Guidelines for Law Enforcement Authorities Outside the United States, and Guidelines for Third Party Data Requests. f. Consent Uber may collect and use your information on the basis of your consent. You may revoke your consent at any time. If you revoke your consent, you will not be able to use any service or feature that requires collection or use of the information we collected or used on the basis of consent. Uber relies on consent in connection with data collections or uses that are necessary to enhance the user experience, to enable optional services or features, or to communicate with you. If you are an EU user, the following types of data collections or uses are done on the basis of your consent. Location Information (Riders) Share Live Location (Riders) Notifications: Account and Trip Updates Notifications: Discounts and News Address Book / Contacts jumpbikes.com Page 66 Confidential POWERED SCOOTER SHARE PROGRAM PERMIT APPLICATION Calendar Syncing Accessibility features Please see the Choice & Transparency section below for further information about these data collections and uses, how to opt in or out of them, and the effect of opting out of these on your use of Uber’s apps. Uber may also collect personal information about you through voluntary surveys. Your responses to such surveys are collected on the basis of consent, and will be deleted once no longer necessary for the purposes collected. Choice And Transparency SUMMARY Uber provides means for you to see and control the information that Uber collects, including through: in-app privacy settings device permissions in-app ratings pages marketing opt-outs You may also request that Uber provide you with explanation, copies or correction of your data. A. PRIVACY SETTINGS The Privacy Settings menu in the Uber rider app gives users the the ability to set or update their location and contacts sharing preferences, and their preferences for receiving mobile notifications from Uber. Information on these settings, how to set or change these settings, and the effect of turning off these settings are described below. Location Information Uber uses rider’s device location services to make it easier to get a safe, reliable ride whenever you need one. Location data helps improve our services, including pickups, navigation, and customer support. You may enable/disable, or adjust, Uber’s collection of rider location information at any time through the Privacy Settings menu in the Uber app, or via the settings on your mobile device. If you disable the device location services on your device, your use of the Uber app will be affected. For example, you will need to manually enter your pickup or dropoff locations. Share Live Location (Riders) If you have enabled the device location services on your mobile device, you may also enable Uber to share your location with your driver from the time you request a ride to the start of your trip. This makes it easier for your driver to pick you up. You may enable/disable location sharing with your driver at any time through the Privacy Settings menu in the Uber app. You may use the Uber app if you have not enabled location sharing, but it may be more difficult for your driver to locate you. Notifications: Account and Trip Updates Uber provides users with trip status notifications and updates related to your account. These notifications are a necessary part of using the Uber app, and cannot be disabled. However, you may choose the method by which you receive these notifications through the Privacy Settings menu in the Uber app. jumpbikes.com Page 67 Confidential POWERED SCOOTER SHARE PROGRAM PERMIT APPLICATION Notifications: Discounts and News You may enable Uber to send you push notifications about discounts and news from Uber. You may enable/disable these notifications at any time through the Privacy Settings menu in the Uber app. Address Book / Contacts You may enable Uber to periodically sync with the address book / contacts information on your mobile device, and store your contacts information on our servers. This includes the names, phone numbers, emails addresses and other information that you store in your address book contacts. This information is necessary to enable features such as fare splitting, sharing your trip status, and make personalized recommendations for you and other riders. You may enable/disable contacts syncing at any time via the Privacy Settings menu in the Uber app. If you disable contacts syncing, you will not be able to use features that use your contacts information. Calendar Syncing You may enable Uber to access and store the calendar data on your mobile device. Your calendar data might include event titles; responses (Yes, No, Maybe); start and end time of event; associated location descriptions; and number of attendees. We use this information to suggest destinations based on your calendar events and to customize your Uber experience. You may enable/disable Calendar Syncing at any time through the Calendar Shortcuts menu under the Settings menu of the Uber app. If you disable Calendar Syncing, you will not be able to use features that use your calendar information. B. DEVICE PERMISSIONS Most mobile platforms (iOS, Android, etc.) have defined certain types of device data that apps cannot access without your consent. And these platforms have different permission systems for obtaining your consent. The iOS platform will alert you the first time the Uber app wants permission to access certain types of data and will let you consent (or not consent) to that request. Android devices will notify you of the permissions that the Uber app seeks before you first use the app, and your use of the app constitutes your consent. C. RATINGS LOOK-UP After every trip, drivers and riders are able to rate each other, as well as give feedback on how the trip went. This two-way system holds everyone accountable for their behavior. Accountability helps create a respectful, safe environment for both drivers and riders. Your rider rating is available in the main menu of the Uber rider app. Your driver rating is available in the Ratings tab of the Uber Partner app. D. EXPLANATIONS, COPIES AND CORRECTION You may request that Uber: Provide a detailed explanation regarding the information Uber has collected about you and how it uses that information. Receive a copy of the information Uber has collected about you. Request correction of any inaccurate information that Uber has about you. jumpbikes.com Page 68 Confidential POWERED SCOOTER SHARE PROGRAM PERMIT APPLICATION You can make these requests by contacting Uber here. You can also edit the name, phone number and email address associated with your account through the Settings menu in Uber’s apps. You can also look up your trips, orders and deliveries history in the Uber apps. E. MARKETING OPT-OUTS You may opt out of receiving promotional emails from Uber here. You may also opt out of receiving emails and other messages from Uber by following the instructions in those messages. Please note that if you opt out, we may still send you non-promotional messages, such as receipts for your rides or information about your account. Updates To This Policy SUMMARY We may occasionally update this policy. If you use our services after an update, you consent to the updated policy. We may occasionally update this policy. If we make significant changes, we will notify you of the changes through the Uber apps or through others means, such as email. To the extent permitted under applicable law, by using our services after such notice, you consent to our updates to this policy. We encourage you to periodically review this policy for the latest information on our privacy practices. We will also make prior versions of our privacy policies available for review. Terms of Service Effective: December 13, 2017 1. Contractual Relationship These Terms of Use (“Terms”) govern your access or use, from within the United States and its territories and possessions, of the applications, websites, content, products, and services (the “Services,” as more fully defined below in Section 3) made available in the United States and its territories and possessions by Uber USA, LLC and its parents, subsidiaries, representatives, affiliates, officers and directors (collectively, “Uber”). PLEASE READ THESE TERMS CAREFULLY, AS THEY CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND UBER. In these Terms, the words “including” and “include” mean “including, but not limited to.” By accessing or using the Services, you confirm your agreement to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Services. These Terms expressly supersede prior agreements or arrangements with you. Uber may immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason. IMPORTANT: PLEASE REVIEW THE ARBITRATION AGREEMENT SET FORTH BELOW CAREFULLY, AS IT WILL REQUIRE YOU TO RESOLVE DISPUTES WITH UBER ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION. BY ENTERING THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THIS AGREEMENT AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION. Supplemental terms may apply to certain Services, such as policies for a particular event, program, activity or promotion, and such supplemental terms will be disclosed to you in separate region-specific disclosures (e.g., a particular city webpage on Uber.com) or in connection with the applicable Service(s). Supplemental terms are in addition to, and shall be deemed a part of, the Terms for the purposes of the applicable Service(s). Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable Services. Uber may amend the Terms from time to time. Amendments will be effective upon Uber’s posting of such updated Terms at this location or in the amended policies or supplemental terms on the applicable Service(s). Your continued access or use of the Services after such posting confirms your consent to be bound by the Terms, as amended. If Uber changes these Terms after the date you first agreed to the Terms (or to any subsequent changes to these Terms), you may reject any such change by providing Uber written notice of such rejection within 30 days jumpbikes.com Page 69 Confidential POWERED SCOOTER SHARE PROGRAM PERMIT APPLICATION of the date such change became effective, as indicated in the “Effective” date above. This written notice must be provided either (a) by mail or hand delivery to our registered agent for service of process, c/o Uber USA, LLC (the name and current contact information for the registered agent in each state are available online here), or (b) by email from the email address associated with your Account to: change-dr@uber.com. In order to be effective, the notice must include your full name and clearly indicate your intent to reject changes to these Terms. By rejecting changes, you are agreeing that you will continue to be bound by the provisions of these Terms as of the date you first agreed to the Terms (or to any subsequent changes to these Terms). Uber’s collection and use of personal information in connection with the Services is described in Uber’s Privacy Statements located at www. uber.com/legal/privacy. 2. Arbitration Agreement By agreeing to the Terms, you agree that you are required to resolve any claim that you may have against Uber on an individual basis in arbitration, as set forth in this Arbitration Agreement. This will preclude you from bringing any class, collective, or representative action against Uber, and also preclude you from participating in or recovering relief under any current or future class, collective, consolidated, or representative action brought against Uber by someone else. Agreement to Binding Arbitration Between You and Uber. You and Uber agree that any dispute, claim or controversy arising out of or relating to (a) these Terms or the existence, breach, termination, enforcement, interpretation or validity thereof, or (b) your access to or use of the Services at any time, whether before or after the date you agreed to the Terms, will be settled by binding arbitration between you and Uber, and not in a court of law. You acknowledge and agree that you and Uber are each 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 Uber otherwise agree in writing, any arbitration will be conducted only on an individual basis and not in a class, collective, consolidated, or representative proceeding. However, you and Uber each retain the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights. Rules and Governing Law. The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the AAA’s Consumer Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this Arbitration Agreement. The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879. The parties agree that the arbitrator (“Arbitrator”), and not any federal, state, or local court or agency, shall have exclusive authority to resolve any disputes relating to the interpretation, applicability, enforceability or formation of this Arbitration Agreement, including any claim that all or any part of this Arbitration Agreement is void or voidable. The Arbitrator shall also be responsible for determining all threshold arbitrability issues, including issues relating to whether the Terms are unconscionable or illusory and any defense to arbitration, including waiver, delay, laches, or estoppel. Notwithstanding any choice of law or other provision in the Terms, the parties agree and acknowledge that this Arbitration Agreement evidences a transaction involving interstate commerce and that the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (“FAA”), will govern its interpretation and enforcement and proceedings pursuant thereto. It is the intent of the parties that the FAA and AAA Rules shall preempt all state laws to the fullest extent permitted by law. If the FAA and AAA Rules are found to not apply to any issue that arises under this Arbitration Agreement or the enforcement thereof, then that issue shall be resolved under the laws of the state of California. Process. A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration - Consumer Arbitration Rules at www.adr.org or by calling the AAA at 1-800-778-7879). The Arbitrator will be either (1) a retired judge or (2) an attorney specifically licensed to practice law in the state of California and will be selected by the parties from the AAA’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an Arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the Arbitrator in accordance with the AAA Rules. Location and Procedure. Unless you and Uber otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, jumpbikes.com Page 70 Confidential POWERED SCOOTER SHARE PROGRAM PERMIT APPLICATION then the arbitration will be conducted solely on the basis of documents you and Uber submit to the Arbitrator, unless you request a hearing or the Arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the Arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration. Arbitrator’s Decision. The Arbitrator will render an award within the time frame specified in the AAA Rules. Judgment on the arbitration award may be entered in any court having competent jurisdiction to do so. The Arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. An Arbitrator’s decision shall be final and binding on all parties. An Arbitrator’s decision and judgment thereon shall have no precedential or collateral estoppel effect. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law. Uber will not seek, and hereby waives all rights Uber may have under applicable law to recover, attorneys’ fees and expenses if Uber prevails in arbitration. Fees. Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. However, if your claim for damages does not exceed $75,000, Uber will pay all such fees, unless the Arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)). Changes. Notwithstanding the provisions in Section I above, regarding consent to be bound by amendments to these Terms, if Uber changes this Arbitration Agreement after the date you first agreed to the Terms (or to any subsequent changes to the Terms), you may reject any such change by providing Uber written notice of such rejection within 30 days of the date such change became effective, as indicated in the “Effective” date above. This written notice must be provided either (a) by mail or hand delivery to our registered agent for service of process, c/o Uber USA, LLC (the name and current contact information for the registered agent in each state are available online here), or (b) by email from the email address associated with your Account to: change-dr@uber.com. In order to be effective, the notice must include your full name and clearly indicate your intent to reject changes to this Arbitration Agreement. By rejecting changes, you are agreeing that you will arbitrate any dispute between you and Uber in accordance with the provisions of this Arbitration Agreement as of the date you first agreed to the Terms (or to any subsequent changes to the Terms). Severability and Survival. If any portion of this Arbitration Agreement is found to be unenforceable or unlawful for any reason, (1) the unenforceable or unlawful provision shall be severed from these Terms; (2) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of the Arbitration Agreement or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to the Arbitration Agreement; and (3) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration. 3. The Services The Services comprise mobile applications and related services (each, an “Application”), which enable users to arrange and schedule transportation, logistics and/or delivery services and/or to purchase certain goods, including with third party providers of such services and goods under agreement with Uber or certain of Uber’s affiliates (“Third Party Providers”). In certain instances the Services may also include an option to receive transportation, logistics and/or delivery services for an upfront price, subject to acceptance by the respective Third Party Providers. Unless otherwise agreed by Uber in a separate written agreement with you, the Services are made available solely for your personal, noncommercial use. YOU ACKNOWLEDGE THAT YOUR ABILITY TO OBTAIN TRANSPORTATION, LOGISTICS AND/OR DELIVERY SERVICES THROUGH THE USE OF THE SERVICES DOES NOT ESTABLISH UBER AS A PROVIDER OF TRANSPORTATION, LOGISTICS OR DELIVERY SERVICES OR AS A TRANSPORTATION CARRIER. License. Subject to your compliance with these Terms, Uber grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to: (i) access and use the Applications on your personal device solely in connection with your use of the Services; and (ii) access and use any content, information and related materials that may be made available through the Services, in each case solely for your personal, noncommercial use. Any rights not expressly granted herein are reserved by Uber and Uber’s licensors. Restrictions. jumpbikes.com Page 71 Confidential POWERED SCOOTER SHARE PROGRAM PERMIT APPLICATION You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by Uber; (iii) decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Services; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or (vi) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks. Provision of the Services. You acknowledge that portions of the Services may be made available under Uber’s various brands or request options associated with transportation or logistics, including the transportation request brands currently referred to as “Uber,” “uberX,” “uberXL,” “UberBLACK,” “UberSELECT,” “UberSUV” and “UberLUX” and the logistics request products currently referred to as “UberRUSH,” and “UberEATS.” You also acknowledge that the Services may be made available under such brands or request options by or in connection with: (i) certain of Uber’s subsidiaries and affiliates; or (ii) independent Third Party Providers, including Transportation Network Company drivers, Transportation Charter Permit holders or holders of similar transportation permits, authorizations or licenses. Third Party Services and Content. The Services may be made available or accessed in connection with third party services and content (including advertising) that Uber does not control. You acknowledge that different terms of use and privacy policies may apply to your use of such third party services and content. Uber does not endorse such third party services and content and in no event shall Uber be responsible or liable for any products or services of such third party providers. Additionally, Apple Inc., Google, Inc., Microsoft Corporation or BlackBerry Limited will be a third-party beneficiary to this contract if you access the Services using Applications developed for Apple iOS, Android, Microsoft Windows, or Blackberry-powered mobile devices, respectively. These third party beneficiaries are not parties to this contract and are not responsible for the provision or support of the Services in any manner. Your access to the Services using these devices is subject to terms set forth in the applicable third party beneficiary’s terms of service. Ownership. The Services and all rights therein are and shall remain Uber’s property or the property of Uber’s licensors. Neither these Terms nor your use of the Services convey or grant to you any rights: (i) in or related to the Services except for the limited license granted above; or (ii) to use or reference in any manner Uber’s company names, logos, product and service names, trademarks or services marks or those of Uber’s licensors. 4. Access and Use of the Services User Accounts. In order to use most aspects of the Services, you must register for and maintain an active personal user Services account (“Account”). You must be at least 18 years of age, or the age of legal majority in your jurisdiction (if different than 18), to obtain an Account, unless a specific Service permits otherwise. Account registration requires you to submit to Uber certain personal information, such as your name, address, mobile phone number and age, as well as at least one valid payment method supported by Uber. You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, may result in your inability to access or use the Services. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by Uber in writing, you may only possess one Account. User Requirements and Conduct. The Service is not available for use by persons under the age of 18. You may not authorize third parties to use your Account, and you may not allow persons under the age of 18 to receive transportation or logistics services from Third Party Providers unless they are accompanied by you. You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when accessing or using the Services, and you may only access or use the Services for lawful purposes (e.g., no transport of unlawful or hazardous materials). You may not in your access or use of the Services cause nuisance, annoyance, inconvenience, or property damage, whether to the Third Party Provider or any other party. In certain instances you may be asked to provide proof of identity or other method of identity verification to access or use the Services, and you agree that you may be denied access to or use of the Services if you refuse to provide proof of identity or other method of identity verification. Text Messaging and Telephone Calls. You agree that Uber may contact you by telephone or text messages (including by an automatic telephone dialing system) at any of the phone numbers provided by you or on your behalf in connection with an Uber account, including for marketing purposes. You understand that you are not required to provide this consent as a condition of purchasing any property, goods or services. You also understand that you may opt jumpbikes.com Page 72 Confidential POWERED SCOOTER SHARE PROGRAM PERMIT APPLICATION out of receiving text messages from Uber at any time, either by texting the word “STOP” to 89203 using the mobile device that is receiving the messages, or by contacting help.uber.com. If you do not choose to opt out, Uber may contact you as outlined in its User Privacy Statement, located at www.uber.com/legal/privacy. Referrals and Promotional Codes. Uber may, in its sole discretion, create referral and/or promotional codes (“Promo Codes”) that may be redeemed for discounts on future Services and/or a Third Party Provider’s services, or other features or benefits related to the Services and/or a Third Party Provider’s services, subject to any additional terms that Uber establishes. You agree that Promo Codes: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public form or otherwise), unless expressly permitted by Uber; (iii) may be disabled by Uber at any time for any reason without liability to Uber; (iv) may only be used pursuant to the specific terms that Uber establishes for such Promo Code; (v) are not valid for cash; and (vi) may expire prior to your use. Uber reserves the right to withhold or deduct credits or other features or benefits obtained through the use of the referral system or Promo Codes by you or any other user in the event that Uber determines or believes that the use of the referral system or use or redemption of the Promo Code was in error, fraudulent, illegal, or otherwise in violation of Uber’s Terms. User Provided Content. Uber may, in Uber’s sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to Uber through the Services textual, audio, and/or visual content and information, including commentary and feedback related to the Services, initiation of support requests, and submission of entries for competitions and promotions (“User Content”). Any User Content provided by you remains your property. However, by providing User Content to Uber, you grant Uber a worldwide, perpetual, irrevocable, transferable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and Uber’s business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity. You represent and warrant that: (i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant Uber the license to the User Content as set forth above; and (ii) neither the User Content, nor your submission, uploading, publishing or otherwise making available of such User Content, nor Uber’s use of the User Content as permitted herein will infringe, misappropriate or violate a third party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. You agree to not provide User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by Uber in its sole discretion, whether or not such material may be protected by law. Uber may, but shall not be obligated to, review, monitor, or remove User Content, at Uber’s sole discretion and at any time and for any reason, without notice to you. Network Access and Devices. You are responsible for obtaining the data network access necessary to use the Services. Your mobile network’s data and messaging rates and fees may apply if you access or use the Services from your device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto. Uber does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications. 5. Payment You understand that use of the Services may result in charges to you for the services or goods you receive (“Charges”). Uber will receive and/ or enable your payment of the applicable Charges for services or goods obtained through your use of the Services. Charges will be inclusive of applicable taxes where required by law. Charges may include other applicable fees, tolls, and/or surcharges including a booking fee, municipal tolls, airport surcharges or processing fees for split payments. Please visit www.uber.com/cities for further information on your particular location. All Charges and payments will be enabled by Uber using the preferred payment method designated in your Account, after which you will receive a receipt by email. If your primary Account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that Uber may use a secondary payment method in your Account, if available. Charges paid by you are final and non-refundable, unless otherwise determined by Uber. As between you and Uber, Uber reserves the right to establish, remove and/or revise Charges for any or all services or goods obtained jumpbikes.com Page 73 Confidential POWERED SCOOTER SHARE PROGRAM PERMIT APPLICATION through the use of the Services at any time in Uber’s sole discretion. Further, you acknowledge and agree that Charges applicable in certain geographical areas may increase substantially during times of high demand. Uber will use reasonable efforts to inform you of Charges that may apply, provided that you will be responsible for Charges incurred under your Account regardless of your awareness of such Charges or the amounts thereof. Uber may from time to time provide certain users with promotional offers and discounts that may result in different amounts charged for the same or similar services or goods obtained through the use of the Services, and you agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of the Services or the Charges applied to you. You may elect to cancel your request for Services at any time prior to the commencement of such Services, in which case you may be charged a cancellation fee on a Third Party Provider’s behalf. After you have received services or goods obtained through the Service, you will have the opportunity to rate your experience and leave additional feedback. Uber may use the proceeds of any Charges for any purpose, subject to any payment obligations it has agreed to with any Third Party Providers or other third parties. In certain cases, with respect to Third Party Providers, Charges you incur will be owed directly to Third Party Providers, and Uber will collect payment of those charges from you, on the Third Party Provider’s behalf as their limited payment collection agent, and payment of the Charges shall be considered the same as payment made directly by you to the Third Party Provider. In such cases, you retain the right to request lower Charges from a Third Party Provider for services or goods received by you from such Third Party Provider at the time you receive such services or goods, and Charges you incur will be owed to the Third Party Provider. Uber will respond accordingly to any request from a Third Party Provider to modify the Charges for a particular service or good. This payment structure is intended to fully compensate a Third Party Provider, if applicable, for the services or goods obtained in connection with your use of the Services. In all other cases, Charges you incur will be owed and paid directly to Uber or its affiliates, where Uber is solely liable for any obligations to Third Party Providers. In such cases, you retain the right to request lower Charges from Uber for services or goods received by you from a Third Party Provider at the time you receive such services or goods, and Uber will respond accordingly to any request from you to modify the Charges for a particular service or good. Except with respect to taxicab transportation services requested through the Application, Uber does not designate any portion of your payment as a tip or gratuity to a Third Party Provider. Any representation by Uber (on Uber’s website, in the Application, or in Uber’s marketing materials) to the effect that tipping is “voluntary,” “not required,” and/or “included” in the payments you make for services or goods provided is not intended to suggest that Uber provides any additional amounts, beyond those described above, to a Third Party Provider you may use. You understand and agree that, while you are free to provide additional payment as a gratuity to any Third Party Provider who provides you with services or goods obtained through the Service, you are under no obligation to do so. Gratuities are voluntary. Repair, Cleaning or Lost and Found Fees. You shall be responsible for the cost of repair for damage to, or necessary cleaning of, vehicles and property resulting from use of the Services under your Account in excess of normal “wear and tear” damages and necessary cleaning (“Repair or Cleaning”). In the event that a Repair or Cleaning request is verified by Uber in Uber’s reasonable discretion, Uber reserves the right to facilitate payment for the reasonable cost of such Repair or Cleaning using your payment method designated in your Account. Such amounts, as well as those pertaining to lost and found goods, will be transferred by Uber to a Third Party Provider, if applicable, and are non-refundable. The amounts related to repair, cleaning or lost & found fees applicable in Puerto Rico may be found at https://www.uber.com/es-US/blog/ puerto-rico/puerto-rico-terminos-y-condiciones/ and may be updated from time to time solely by Uber. 6. Disclaimers; Limitation of Liability; Indemnity. DISCLAIMER. THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” UBER 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, UBER MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SERVICES OR ANY SERVICES OR GOODS REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. UBER DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF THIRD PARTY PROVIDERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE OR GOOD REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. LIMITATION OF LIABILITY. UBER 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 SERVICES, REGARDLESS OF THE NEGLIGENCE (EITHER ACTIVE, AFFIRMATIVE, SOLE, OR CONCURRENT) OF UBER, EVEN IF UBER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UBER SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD jumpbikes.com Page 74 Confidential POWERED SCOOTER SHARE PROGRAM PERMIT APPLICATION PARTY PROVIDER, EVEN IF UBER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UBER SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND UBER’S REASONABLE CONTROL. YOU ACKNOWLEDGE THAT THIRD PARTY PROVIDERS PROVIDING TRANSPORTATION SERVICES REQUESTED THROUGH SOME REQUEST PRODUCTS MAY OFFER RIDESHARING OR PEER-TO-PEER TRANSPORTATION SERVICES AND MAY NOT BE PROFESSIONALLY LICENSED OR PERMITTED. THE SERVICES MAY BE USED BY YOU TO REQUEST AND SCHEDULE TRANSPORTATION, GOODS, OR LOGISTICS SERVICES WITH THIRD PARTY PROVIDERS, BUT YOU AGREE THAT UBER HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY TRANSPORTATION, GOODS OR LOGISTICS SERVICES PROVIDED TO YOU BY THIRD PARTY PROVIDERS OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS. 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, UBER’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. THIS PROVISION SHALL HAVE NO EFFECT ON UBER’S CHOICE OF LAW PROVISION SET FORTH BELOW. Indemnity. You agree to indemnify and hold Uber 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 Services or services or goods obtained through your use of the Services; (ii) your breach or violation of any of these Terms; (iii) Uber’s use of your User Content; or (iv) your violation of the rights of any third party, including Third Party Providers. 7. Other Provisions Choice of Law. These Terms are governed by and construed in accordance with the laws of the State of California, U.S.A., without giving effect to any conflict of law principles, except as may be otherwise provided in the Arbitration Agreement above or in supplemental terms applicable to your region. However, the choice of law provision regarding the interpretation of these Terms is not intended to create any other substantive right to non-Californians to assert claims under California law whether that be by statute, common law, or otherwise. These provisions, and except as otherwise provided in Section 2 of these Terms, are only intended to specify the use of California law to interpret these Terms and the forum for disputes asserting a breach of these Terms, and these provisions shall not be interpreted as generally extending California law to you if you do not otherwise reside in California. The foregoing choice of law and forum selection provisions do not apply to the arbitration clause in Section 2 or to any arbitrable disputes as defined therein. Instead, as described in Section 2, the Federal Arbitration Act shall apply to any such disputes. Claims of Copyright Infringement. Claims of copyright infringement should be sent to Uber’s designated agent. Please visit Uber’s web page at https://www.uber.com/legal/ intellectual-property/copyright/global for the designated address and additional information. Notice. Uber may give notice by means of a general notice on the Services, electronic mail to your email address in your Account, telephone or text message to any phone number provided in connection with your account, or by written communication sent by first class mail or pre-paid post to any address connected with your Account. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email or telephone). You may give notice to Uber, with such notice deemed given when received by Uber, at any time by first class mail or pre-paid post to our registered agent for service of process, c/o Uber USA, LLC. The name and current contact information for the registered agent in each state are available online here. General. You may not assign these Terms without Uber’s prior written approval. Uber may assign these Terms without your consent to: (i) a subsidiary or affiliate; (ii) an acquirer of Uber’s equity, business or assets; or (iii) a successor by merger. Any purported assignment in violation of this section shall be void. No joint venture, partnership, employment, or agency relationship exists between you, Uber or any Third Party Provider as a result of this Agreement or use of the Services. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. Uber’s failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Uber in writing. This provision shall not affect the Severability and Survivability section of the Arbitration Agreement of these Terms. jumpbikes.com Page 75 Confidential POWERED SCOOTER SHARE PROGRAM PERMIT APPLICATION APPENDIX IV JUMP EXPERIENCE & LEADERSHIP jumpbikes.com Page 76 Confidential Ryan Rzepecki EDUCATION HUNTER COLLEGE Masters in Urban Planning PENN STATE UNIVERSITY Bachelor of Science, Marketing WORK JUMP BIKES, NEW YORK, NY Founder/CEO March 2009 - Present · Founder of Social Bicycles, product vision and development. · Negotiates contracts, new business ventures, and transactional matters. · Administration, contracting, business development, and sales. NYC DEPARTMENT OF TRANSPORTATION, NEW YORK, NY Bicycle Program Project Manager October 2008 - March 2010 · Maintained the NYC Cycling Map and coordinated the quality review process. · Managed 20 staff during the ‘Eyes on the Street’ post implementation evaluation of Times Square after its closure to vehicles. · Sited over 500 bike racks in Lower Manhattan and worked with OpenPlans and CB2 in Williamsburg to test an online collaborative siting tool for bulk rack requests. · Created cycling promotional campaigns including the first ever ‘Bike to School Day’ held by MS51 in Park Slope, Brooklyn. · Evaluated bike routes on the Bicycle Master Plan and proposed a center bike lane for Water Street to overcome difficulties with curbside access. jumpbikes.com Page 77 Confidential Avra van der Zee EDUCATION Georgetown University Law Center Juris Doctor, magna cum laude Harvard College Bachelor of Arts, magna cum laude, in History and Literature WORK JUMP BIKES, NEW YORK, NY CSO/General Counsel 2014 – Present · Responsible for day-to-day leadership and implementation of growth strategies and process. · Oversees legal and risk management strategy. · Manages client relationships from business development through implementation. · Maximizes cross-functional communication and efficiencies. Greene Street Holdings LLC General Counsel 2009 – 2014 · Established and ran the Legal Department for the Americas subsidiaries of a global manufacturing group. · Designed and implemented legal processes and guidelines. Paul, Weiss, Rifkind, Wharton & Garrison LLP Litigation Associate 2007 – 2009 · Co-authored a copyright article on retroactive licensing and an article on remedies under the ADA. · Lead Associate on an internal investigation related to a potential product liability claim. · Drafted pleadings, motions, briefs and discovery-related documents in real estate litigation. jumpbikes.com Page 78 Confidential Marcin Pyla EDUCATION AKADEMIA GÓRNICZO-HUTNICZA, KRAKOW, POLAND Computer Science WORK JUMP BIKES, NEW YORK, NY CTO 2012 – Present · Responsible for overseeing all technical aspects of the company including all web, mobile, and firmware development. · Management of the platform including testing, software updates, debugging, maintenance of server, hosting, deployment and monitoring. · Establishes technological vision for the organization and identifies competitive advantages and technological trends for the benefit of a company. · Develops and directs all safeguards to reduce the risk of outside breaches and protect sensitive internal and external client information. LEFTBRAIN, KRAKOW - POLAND Founder and CEO 2005 - 2012 · Manages a team of software developers that design and implement of web-side and mobile app software for a variety of technology companies. · Management of technical platforms, testing, software updates, debugging, maintenance of servers, hosting, deployment and monitoring. jumpbikes.com Page 79 Confidential Justin Wiley EDUCATION University of California, Berkeley B.Sc. Environmental Science, Policy and Management Minor in Education WORK JUMP BIKES, SAN FRANCISCO, CA VP, Business Development May 2012 - Present · Leads the Business Development and Policy Team · Negotiates contracts, new business ventures, and transactional matters · Administration, contracting, business development, and sales Zagster, Cambridge, MA Director of Accounts March 2012 - May 2012 · Bicycle share consultant, business development, and account manager · Established bicycle share deployments · Social media development and campaign coordination Green Bike Share, BERKELEY, CA Founder February 2008 - Present · Bicycle share consulting and hardware provider · Established bicycle share deployments jumpbikes.com Page 80 Confidential Alan Ma EDUCATION University at Buffalo Bachelor of Arts, Environmental Design Minor in Architecture WORK JUMP BIKES, NEW YORK, NY Launch Director 2014 – Present BIKE SHARE SYSTEMS LAUNCHED · Planning and siting of bike share stations for over a dozen programs · Santa Cruz, CA (2018) - 250 bikes · Sacramento, CA (2018) - 900 bikes · Program planning and implementation · Eugene, OR (2018) - 300 bikes · Training of operating and maintenance staff NYC DEPT. OF TRANSPORTATION, BICYCLE PROGRAM , NEW YORK, NY Design Coordinator May 2012 - Feb. 2014 · Responsible for planning and managing projects · Develop design drawings, conduct community outreach, prepare and give community presentations, coordinate implementation of projects NYC DEPT. OF TRANSPORTATION, BICYCLE PROGRAM , NEW YORK, NY Project Manager June 2008 – May 2012 · Plan and manage projects including, develop design drawings, conduct community outreach, prepare and give community presentations · New Orleans, LA (2017) - 700 bikes · Albany, NY (2017) - 350 bikes · St. Pete, FL (2017) - 300 bikes · Brighton & Hove, UK (2017) - 350 bikes · Krakow, Poland (2016) - 1600 bikes · Portland, OR (2016) - 1000 bikes · Beaverton, OR (2016) - 400 bikes · Track and review bicycle refurbishment and roadway resurfacing projects, coordinate designs with inter-agency divisions, and develop databases · Hamilton, Ontario (2015) - 750 bikes · Directly manage the implementation of 21+ miles of bicycle facilities · Ottawa, Ontario (2015) - 300 bikes · U. of South Florida (2015) - 100 bikes · Orlando, FL (2015) - 200 bikes · Tampa, FL (2014) - 300 bikes jumpbikes.com Page 81 Confidential Daniel Trevino EDUCATION Universidad Autónoma de Nuevo León Bachelor of Science in Mechanical Engineering and Management Minor in Process Design WORK SOCIAL BICYCLES, NEW YORK, NY Operations Support Director May 2015 - Present · Manage implementation of bike share systems from shipping, logistics, implementation, operations, tracking, oversight monitoring of improvement metrics · Training of operating and maintenance staff · Participation in conceptual design of products and services · Provides ongoing client support to all systems using JUMP/Social Bicycles products SAN ANTONIO B-CYCLE, SAN ANTONIO, TX Operations Manager October 2012 - May 2015 · Manage operations for the largest and oldest bike share program in Texas, an award-winning green non-profit organization · Supervise and optimize vehicle flow, inspection, functionality, and usage to facilitate organizational grow from 14 to 55 stations citywide over a 2-year period · Maintained inventory controls, quality assurance, and service records for entire fleet of 450 bikes · Cultivates communications with bike share organizations throughout the United States, identifies and shares best practices jumpbikes.com Page 82 Confidential THANK YOU SAN JUMP