Terms Of Use

Last Updated: August 26, 2025

This Terms and Conditions of Use Agreement (“Agreement”) governs the use of any/all services provided by goMARTI including the goMARTI mobile application (the “goMARTI App”) and the goMARTI.com website. Please read this Agreement carefully prior to consenting to these terms and conditions. Accepting these terms and conditions is a condition of being able to access information and services provided through goMARTI. If you do not consent to this Agreement, you will not be eligible to access any services provided by goMARTI. Your continued use of the goMARTI website, the goMARTI mobile application, or utilization of any transportation services provided by goMARTI constitutes acceptance of this Agreement.

You can learn more about goMARTI and the services it provides (the “goMARTI Project”) at https://www.gomarti.com/. You can use the goMARTI App to register an account and to order a ride from the goMARTI vehicles (the “Vehicles”).

This Agreement includes and incorporates by reference the goMARTI Privacy Notice (“Privacy Notice”), which is available at https://www.gomarti.com/.

General Rules and Restrictions

You must wear your seat belt when riding in the Vehicles.
You may not create a goMARTI user account (“Account”), or use another user’s Account to access the Services, unless you are at least:

eighteen years old, or
thirteen years old with the express consent from a parent or legal guardian

You may only create one Account per user. If goMARTI or its Affiliates determine that an individual user has multiple Accounts, We may take the steps necessary to remove or disable additional or duplicate Accounts.
At goMARTI’s sole discretion, We may prohibit your further use of the Services if you fail to comply with any provisions of this Agreement or applicable Additional Terms (defined below).

Definitions

“Additional Terms” means additional terms and conditions that may be applicable to certain specific services, promotions, or programs associated with the goMARTI Project.
“Applicable Law” means (i) any statute, statutory instrument or any other legislative instrument having the force of law; and (ii) any applicable judgment of a relevant court of law which is a binding precedent, in each case in force at any time during the period in which this Agreement and/or any of its provisions are in effect.
“Affiliate” or “Affiliates” means all of the entities involved in making the provision of the goMARTI Services possible. The goMARTI affiliates include, but are not limited to: May Mobility, Inc.; Via Mobility, LLC; The PLUM Catalyst LLC; First Call for Help of Itasca County; the State of Minnesota (including but not limited to the Department of Iron Range Resources and Rehabilitation, the Minnesota Department of Transportation, and the University of Minnesota); the US Department of Transportation (including but not limited to the Federal Highway Administration); the City of Grand Rapids, Minnesota; and Cambridge Systematics, Inc.
“Confidential Information” means information, data or materials in either tangible or intangible form that are trade secrets of, or proprietary and confidential to the Disclosing Party or its clients or business partners, including as may be so designated by statute, regulation or common law including by the form of the Uniform Trade Secrets Act and privacy laws adopted under applicable law, or which are marked as “Confidential” or which, by their nature and the context of their disclosure, should reasonably be known to be confidential.
“Customer Data” means all data that is input by you into the goMARTI App and/or your Account, whether on behalf of yourself or on behalf of your Passenger(s). Portions of the Customer Data may include personally identifiable information. For avoidance doubt, Customer Data excludes the goMARTI App itself, the goMARTI website, and the related intellectual property rights and Confidential Information and all derivative works and improvements of goMARTI and its Affiliates related to each of them. Customer Data also excludes de-identified, anonymized and/or aggregated data generated from the use of the goMARTI App or goMARTI website, or created by goMARTI or its Affiliates.
"Indemnified Parties" means goMARTI and its Affiliates, and any representatives, shareholders, employees, agents, contractors, insurance carriers, predecessors and successors in interest, officers and directors of goMARTI or its Affiliates.
“Passenger” or “Passengers” means any person you order a ride for, or otherwise enable or authorize another person to ride in a Vehicle under your Account.
“Released Parties” means goMARTI and its Affiliates, officers, directors, employees, agents, partners, and licensors.
“Services” means all information, resources, and/or services provided in connection with the goMARTI Project by goMARTI or any of its Affiliates.
“We” or “Us” means goMARTI and, if applicable, any of its Affiliates.

Be advised that Section 4 of this Agreement includes an arbitration agreement and class action waiver that requires you to resolve all claims you may have against the goMARTI Project or any of its Affiliates, with some exceptions, in individual binding arbitration. Please read this section carefully.

1. User Account.

Registering for an Account. You may set up a goMARTI Account through the goMARTI App by following the instructions provided in the app.

Account Information. When you register for your Account, you will be asked to provide some personal information, including a phone number and email address. Make sure the information you provide is accurate, complete, and up-to-date. If your Account information is not accurate, complete, and/or up-to-date, you may not be able to use the goMARTI Services.

Account Security. The security of your Account is important to us. Please provide unique account information, and do not allow anyone else to use your Account. If you do allow someone else to access your Account or use any Services ordered under your Account, you will be responsible for that person and any actions they take while accessing or using the Services.
Termination or Suspension. You will immediately stop using the goMARTI Services if you or your account have been suspended or terminated, and you may not create or use another Account in an effort to circumvent such suspension or termination.

2. Use of Transportation Services.

General. You are responsible for beginning and ending your ride in accordance with any instructions provided by goMARTI. You and your Passengers must safely secure all personal property during your ride, and We are not liable for any damage resulting from your or your Passengers' failure to secure personal property. We are not responsible for any lost, stolen, or damaged personal property left in our Vehicles. If you believe that you or any of your Passengers have left behind any personal item, please contact us via the goMARTI App or at hello@goMARTI.com.
Passengers.

By accepting this Agreement, you consent to receive the Services and that you are responsible for obtaining such consent from any of your Passengers prior to each ride.
Eligibility for Service By accessing or using the goMARTI service, you affirm that you are at least thirteen (13) years of age.
Account Creation for Minors Individuals under the age of eighteen (18) are required to obtain express consent from a parent or legal guardian prior to creating an account or utilizing the goMARTI service.
Representation of Eligibility By creating a goMARTI account, you represent and warrant that you are either: Eighteen (18) years of age or older, or
At least thirteen (13) years of age and have obtained the necessary consent from your parent or legal guardian.
When you use the Services for or with a Passenger, you are responsible for ensuring that such Passenger(s) receives notice of this Agreement, including the goMARTI Privacy Notice and that such Passenger(s) complies with this Agreement. All rules, requirements, restrictions, limitations, and other obligations under the Agreement, including these Terms, apply to your Passengers as well as to you. You will be responsible for all acts and omissions of you and your Passengers.

Restrictions. Use of the Services, including Vehicles, is subject to availability. goMARTI may, in its sole discretion, change or remove information or resources, and/or modify or suspend areas and service hours in which you may use the Services.

Condition of Vehicle(s). You must contact goMARTI immediately if you or your Passenger(s) discover or cause any damage to the interior or exterior of any of Our Vehicles, or if you or your Passengers experience any problems before or during your ride. You and your Passengers must leave the Vehicle in the same state of cleanliness and repair that the Vehicle was in when you entered the Vehicle. You will be responsible for paying for all damage to a Vehicle caused by you or your Passengers.

Availability Limitations. The Services depend upon various external factors and could become inoperable or inaccessible for an undetermined period of time with minimal or no notice.

Compliance with Law. When using the Services, you, on behalf of yourself and your Passenger(s), agree to comply with all Applicable Laws, rules, and regulations.

Additional Terms. Certain of the Services offered through the goMARTI Project may be subject to Additional Terms, which may include supplemental disclosures that may be required in the jurisdictions where goMARTI operates. You agree to abide by all Additional Terms disclosed to you by goMARTI. To the extent any such Additional Terms conflict with the other terms and conditions of this Agreement, the Additional Terms will govern with respect to the specific applicable Service (or associated promotion, program, etc.).

3. Your Information.

Privacy Notice. The goMARTI Privacy Notice explains how we collect and use your personal information. During your use of our Services, goMARTI may make audio/video recordings of you and other Passengers. You expressly consent to this data recording as well as the processing of your personal information by goMARTI or its Affiliates as set forth in this Agreement and the goMARTI Privacy Notice. If you are authorized and proceed to make use of our Services by riding in one of our Vehicles with minor children, you expressly consent on behalf of those minor children and/or their parents or Guardians to audio/video recordings of the minor children during the use of the Services. Such recordings will only be used in accordance with our Privacy Notice.

Feedback. You may send questions, survey responses, comments, suggestions, ideas, or other feedback related to goMARTI or our Services (collectively, "Feedback"). You understand that your Feedback is given voluntarily, and We may use your Feedback without any restriction or obligation to compensate you or keep the Feedback confidential. You represent and warrant that any Feedback you submit (and that We may use) is not confidential, proprietary, or subject to the rights of any third party (including contractual, intellectual property, or privacy rights). If you choose to provide Feedback, such submitted Feedback will automatically become the property of goMARTI.

To contact you regarding your use of our Services, we request that you link phone numbers to your Account. Once you do so, you agree that we may use those phone numbers to contact you by telephone or text messages for operational purposes and for customer service related to the goMARTI Project. You give your express consent to such contacts. You represent and warrant that you are the owner of any phone number you provide. You may not provide a phone number that you do not own. Standard text messaging charges applied by your cell phone carrier will apply to text messages we send. If you wish to opt-out of text messages, please contact us on the Mobile App or at hello@goMARTI.com. Please note that if you opt-out of text messages for operational and customer service purposes, our Services may become unavailable.

4. Dispute Resolution and Arbitration.

Customer Service. If you have any compliments, questions, concerns or complaints regarding our Services, or if you incur any loss, damage, or injury related to our Services, please contact goMARTI via the Mobile App or at hello@goMARTI.com.

Arbitration Agreement. In the event we are not able to resolve your concerns informally, either party may initiate a binding arbitration proceeding administered by Judicial Arbitration Mediation Services (JAMS). You and goMARTI and its Affiliates each agree to notify the other party of the dispute in writing at least 30 days prior to initiating an arbitration. You must send your notice of dispute to goMARTI by email to hello@goMARTI.com. If goMARTI or its Affiliates initiate arbitration, goMARTI will send the notice of dispute by email to the address on your Account. A notice of dispute must include: (i) your name, Account information, and preferred contact information, and (ii) a brief description of the events leading to your dissatisfaction or loss, and (iii) your request to resolve the claim. Following receipt of notification, the parties will attempt in good faith to negotiate an informal resolution. If the parties are unable to resolve the dispute within 30 days, either party may commence arbitration by filing a written Demand for Arbitration (available at jamsadr.com).

Arbitration Administration. Any arbitration arising from or related to this Agreement will be administered by JAMS under its Comprehensive Arbitration Rules & Procedures (https://www.jamsadr.com/rules-...) or its Streamlined Arbitration Rules & Procedures (https://www.jamsadr.com/rules-streamlined-arbitration/), generally depending on the value of the dispute, and as amended by this Agreement. The JAMS rules will govern payment of all arbitration fees except as set forth in this Agreement. If you initiate arbitration, you will be responsible for the arbitration filing fees charged by JAMS. goMARTI will pay the filing fees for any arbitration it initiates. goMARTI may seek reasonable attorneys' fees and costs in arbitration if your claims are objectively baseless, duplicative, or brought to harass goMARTI. The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate. The arbitrator will have the authority under this contract to conduct in-person appearances only in Minnesota, at the nearest available JAMS location to your use of the Services if the dispute relates to your use of the Services. The arbitrator's decision will follow the terms of this Agreement and will be final and binding. The arbitrator may award any individualized remedies that would be available in court, including temporary, interim, or permanent injunctive relief or relief providing for specific performance of this Agreement, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof. Notwithstanding any of the foregoing, nothing in this Agreement will preclude you from bringing issues to the attention of federal, state or local agencies and, if the law allows, they can seek relief against us for you.

Binding Individual Arbitration. YOU AND goMARTI MUTUALLY AGREE TO RESOLVE ANY DISPUTES BETWEEN US EXCLUSIVELY THROUGH FINAL AND BINDING INDIVIDUAL ARBITRATION. Except for disputes described in Section 5(f) of this Agreement, all disputes arising out of or relating to this Agreement or our Services or any aspect of the relationship between you and goMARTI, whether based in contract, tort (including negligence), statute, fraud, misrepresentation or any other legal theory, will be resolved through final and binding arbitration before a neutral arbitrator instead of in a court by a judge or jury. YOU AGREE THAT goMARTI AND YOU ARE EACH WAIVING THE RIGHT TO TRIAL BY A JURY. The validity, enforceability, revocation, interpretation, or application of this arbitration provision will be decided by an arbitrator and not by a court or judge.

Class Action Waiver. You agree that any arbitration under this Agreement will take place on an individual basis; class arbitrations and class actions are not permitted and you are agreeing to give up the ability to participate in a class or collective action.

Exclusions and Limitations. This arbitration agreement shall not require arbitration of the following types of claims brought on an individual basis: (1) disputes or claims that may be brought in conciliation court; (2) claims of sexual assault or sexual harassment occurring in connection with your use of the Services; (3) disputes or claims that arise from actual or threatened infringement, misappropriation, or other violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights; and/or (4) claims arising from loss of life. Furthermore, this arbitration agreement does not prevent either party from seeking emergency injunctive relief from any court of competent jurisdiction as necessary to prevent imminent harm or to otherwise address exigent circumstances (e.g., imminent danger or commission of a crime, hacking, cyber-attack, security threats, data breach, confidentiality breach, infringement or misappropriation of intellectual property, etc.).

5. License Grant and goMARTI’s Rights.

Limited License. By virtue of this Agreement, you receive a license to use the goMARTI Services in the manner authorized by the Agreement. The license entitles you to install a copy of the goMARTI App on personal devices that you own or control for your own non-commercial use. It grants no other right or license and cannot be transferred or sublicensed. It is non-exclusive and it is fully revocable by goMARTI and its Affiliates. Failure to comply with any terms or conditions of this Agreement may result in the license and all related rights of access being terminated. Any use of the Services other than as expressly authorized in this Agreement is unlicensed and strictly prohibited.

Reservation of Rights. The goMARTI Services and all intellectual property related to those Services (including but not limited to trademarks, trade names, service marks, logos, and trade dress that We use in connection with the Services) are owned by or licensed to goMARTI and/or its Affiliates and are protected under both United States and foreign laws. All trademarks, trade names, service marks, logos, and trade dress used in connection with the Services that are not owned by Us are the property of their respective owners. Except for the limited license expressly granted to users under this Agreement, goMARTI and our licensors and Affiliates reserve all rights in and to all of the foregoing. You must not use any of our trademarks, trade names, service marks, logos, or trade dress in connection with any product or service that is not ours, or in any manner that is likely to cause confusion.

Prohibited Activities. In addition to any other restrictions and limitations set forth in this Agreement, you will not: (i) use the Services in any manner that would violate this Agreement or any applicable law, contract, intellectual property right, privacy right, or other third-party right. Furthermore, you will not engage in any action that is intended to: (i) systematically collect or obtain information about the Services or goMARTI users, including but not limited to competitively sensitive information, proprietary information, or other types of non-public information; (ii) damage, disable, disrupt, or interfere with the operation or use of the Services; (iii) copy, distribute, create derivative works of, or display any software used in connection with the Services; (iv) attempt to circumvent any employed protections to secure or limit access to our Services or attempt to access, manipulate or collect data from any feature, component, or equipment of our Services; (v) develop or use any application that interacts with the Services without goMARTI’s express written consent; (vi) reverse engineer, decompile, decipher or otherwise disassemble any aspect of the Services; or (vii) use the Services for a commercial purpose or use the Services other than for their intended purpose.

Customer Data. All intellectual property rights in and to Customer Data are co-owned by you and goMARTI and its Affiliates. For the avoidance of doubt, goMARTI and its Affiliates may, and are hereby granted the right to, access, modify, and use the Customer Data, including for purposes of performing the obligations under this Agreement and/or to improve their product and services offerings, including the Services. To the extent Customer Data includes information which is or may be deemed to be personally identifiable information or otherwise subject to special privacy or security protection at law or by regulation, you are solely responsible for obtaining your Passenger’s consent to the collection and use of such information, including its onward transfer, in the manner required hereunder.

6. Indemnification.

You will indemnify, defend, and hold harmless goMARTI and its Affiliates, and any representatives, shareholders, employees, agents, contractors, insurance carriers, predecessors and successors in interest, officers and directors of goMARTI or its Affiliates (individually and collectively, the "Indemnified Parties") from and against any losses, liabilities, claims, demands, damages, judgments, awards, expenses or costs arising out of or relating to (a) your use of the Services in any manner other than as permitted under this Agreement, or your violation of this Agreement; (b) your negligence, recklessness, or willful misconduct; or (c) any acts or omissions of, or any claims brought by, any other person who you allow to use or access the Services under your Account, including any Passenger that you invite or authorize to ride in a Vehicle. The Indemnified Parties will have the exclusive right to control the defense or settlement of any third-party claims subject to this section. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and goMARTI or the other Indemnified Parties.
You will not, however, be required to indemnify the Indemnified Parties for any bodily injury or property damage to the extent caused by our gross negligence, recklessness, or willful misconduct in providing our Services.

7. Disclaimer of Warranties; Limitation of Liability.

Disclaimer of Warranties. You use the Services at your own risk. We make no warranties or guarantees. YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK, AND THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND goMARTI AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS (COLLECTIVELY, THE "RELEASED PARTIES") EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO PRODUCTS OR SERVICES OFFERED BY BUSINESSES LISTED ON THE SERVICE, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT;
THE RELEASED PARTIES MAKE NO WARRANTY THAT (A) THE SERVICES WILL MEET YOUR REQUIREMENTS, (B) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY GOODS OR SERVICE AVAILABLE ON THE SERVICES WILL MEET YOUR EXPECTATIONS, AND (E) ANY ERRORS IN THE SERVICES WILL BE CORRECTED;
THE SERVICES OR THE SERVER THAT MAKES THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; AND
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL. goMARTI AND ITS AFFILIATES MAKE NO REPRESENTATION OR WARRANTY AS TO THE RELIABILITY, SAFETY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF ANY SERVICES OBTAINED FROM THIRD PARTIES THROUGH THE USE OF THE SERVICES. YOU ACKNOWLEDGE AND AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES AND ANY THIRD-PARTY SERVICES REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED BY LAW.

Limitation of Liability. goMARTI, its Affiliates, and the Released Parties are not liable for anything that happens to you in connection with your use of the Services. YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

THE RELEASED PARTIES SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER TANGIBLE OR INTANGIBLE LOSSES (EVEN IF GOMARTI AND/OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (A) THE USE OR THE INABILITY TO USE THE SERVICES, INCLUDING DELAYS, DELIVERY FAILURES OR OTHER DAMAGE RELATING TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH, FROM, OR AS A RESULT OF THE SERVICES; (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (D) STATEMENTS OR CONDUCT OF ANY USER OR THIRD PARTY ON THE SERVICES; (E) YOUR RELIANCE ON CONTENT MADE AVAILABLE BY US; OR (F) ANY OTHER MATTER RELATING TO THE SERVICES. goMARTI, ITS AFFILIATES, AND THE RELEASED PARTIES AND/OR THEIR LICENSORS WILL NOT BE LIABLE FOR ANY LOSS, DAMAGE, OR INJURY WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS, DAMAGE, OR INJURY ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THE SERVICES, INCLUDING BUT NOT LIMITED ANY LOSS, DAMAGE, OR INJURY RESULTING FROM ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY SERVICE PROVIDER.
goMARTI MAY INTRODUCE YOU TO THIRD-PARTY SERVICE PROVIDERS, BUT goMARTI DOES NOT ASSESS THE SUITABILITY, LEGALITY, OR ABILITY OF ANY THIRD-PARTY SERVICE PROVIDER AND YOU EXPRESSLY WAIVE AND RELEASE goMARTI AND THE RELEASED PARTIES FROM ANY AND ALL LIABILITY, CLAIMS, OR DAMAGES ARISING FROM OR IN ANY WAY RELATED TO THE THIRD-PARTY SERVICE PROVIDER. YOU ACKNOWLEDGE THAT goMARTI AND ITS AFFILIATES DO NOT MONITOR ANY THIRD-PARTY SERVICE PROVIDER'S ON-GOING COMPLIANCE WITH ANY AND ALL APPLICABLE LAW AND REGULATIONS, AND goMARTI AND THE RELEASED PARTIES WILL NOT BE RESPONSIBLE FOR ANY LIABILITY, CLAIMS, OR DAMAGES ARISING FROM OR IN ANY WAY RELATED TO A THIRD-PARTY SERVICE PROVIDER'S FAILURE TO COMPLY WITH ANY APPLICABLE LAW OR REGULATION. goMARTI AND THE RELEASED PARTIES WILL NOT BE A PARTY TO DISPUTES OR NEGOTIATIONS OF DISPUTES BETWEEN YOU AND ANY THIRD-PARTY SERVICE PROVIDERS. RESPONSIBILITY FOR THE DECISIONS YOU MAKE REGARDING THE SERVICES RESTS SOLELY WITH YOU. goMARTI WILL NOT ASSESS THE SUITABILITY, LEGALITY, OR ABILITY OF ANY SUCH THIRD PARTIES AND YOU EXPRESSLY WAIVE AND RELEASE goMARTI AND THE RELEASED PARTIES FROM ANY AND ALL LIABILITY, CLAIMS, CAUSES OF ACTION, OR DAMAGES ARISING FROM YOUR USE OF THE SERVICES, OR IN ANY WAY RELATED TO THE THIRD PARTIES INTRODUCED TO YOU BY THE SERVICES.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.
TO THE FULLEST EXTENT POSSIBLE BY LAW, THE RELEASED PARTIES' MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE SERVICES OR YOUR USE OF goMARTI CONTENT, INFORMATION, OR RESOURCES, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE), WILL NOT EXCEED $100.
THE MAXIMUM AGGREGATE LIABILITY OF THE INDEMNIFIED PARTIES UNDER THIS AGREEMENT OR OTHERWISE IN CONNECTION WITH THE SERVICES FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION FOR PERSONAL PROPERTY BROUGHT INTO A VEHICLE SHALL NOT EXCEED TWO THOUSAND FIVE HUNDRED DOLLARS ($2,500).
THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION ALSO APPLY TO CLAIMS BETWEEN YOU AND ANY INDEMNIFIED PARTIES, AND SUCH INDEMNIFIED PARTIES SHALL BE CONSIDERED INTENDED THIRD-PARTY BENEFICIARIES WITH RESPECT TO THIS SECTION.

8. Governing Law and Venue.

Governing Law. This Agreement will be governed by, and construed and enforced in accordance with, the laws of Minnesota, without regard to conflict of law rules or principles (whether of Minnesota’s or any other jurisdiction’s) that would cause the application of the laws of any other jurisdiction.

If it is determined pursuant to this Agreement, that a dispute between the parties is not subject to arbitration as set forth in Section 5 (and such dispute cannot be heard in small claims court), then such dispute will be resolved exclusively in the state or federal courts of Minnesota and the United States, respectively, sitting in Hennepin or Itasca County in the State of Minnesota. You hereby submit to the jurisdiction of such courts for such purpose. For clarity, the preceding sentence does not prevent any party from seeking emergency injunctive relief from any court of competent jurisdiction as set forth in above.

9. Modification and Termination.

goMARTI may, without notice and in our sole discretion: terminate this Agreement and/or your ability to access or use the Services; assign different priority to certain requests for Services; and modify, suspend or discontinue all or a part of our Services for any reason at any time. The following provisions of this Agreement will survive and continue in effect notwithstanding any such termination: Sections 3, 4, 5(c), 6, 7, 8, 9, 10, 11, and 12.

We may make changes to this Agreement and any Additional Terms from time to time. If we make changes, we will provide notice of such changes, such as by sending an email notification, providing notice through the goMARTI APP, or posting the amended Agreement or Additional Terms on the goMARTI website and updating the "Last Updated" date above. Unless otherwise stated in our notice and except for the arbitration agreement of Section 4, the amended Agreement or Additional Terms will be effective immediately and your continued access to and use of our Services after we provide notice will confirm your acceptance of the changes. Any such changes will not apply to any dispute between you and us arising prior to the date on which we posted the revised Agreement or Additional Terms incorporating such changes, or otherwise notified you of such changes. If you do not agree to the amended Agreement or Additional Terms, you must stop accessing and using our Services.

10. Miscellaneous.

Severability. If any provision of this Agreement is determined to be illegal or unenforceable, that provision will be deemed to be removed from this Agreement to the least extent necessary to eliminate the illegality or unenforceability, and the remainder of the provision and the other provisions of this Agreement will remain in full force and effect.

Assignments. Neither this Agreement nor any rights hereunder may be assigned by you without the prior written consent of goMARTI.

Notices. All notices given pursuant to this Agreement must be in writing. Any notice to you may be given by goMARTI or its Affiliates in accordance with the information you provide in your Account. Notice to goMARTI may be given by email to hello@goMARTI.com.

Entire Agreement. This Agreement (including all Additional Terms) constitutes the entire agreement between you and goMARTI and its Affiliates relating to your access to and use of the Services, and supersedes any prior agreements with respect to such subject matter.

Waiver. The waiver by either party of a breach of this Agreement will not be effective unless in writing. The waiver of any provision in this Agreement will not be deemed to be a continuing waiver, nor constitute a waiver of any other provision, whether or not similar. The failure by either Party to promptly enforce any provisions of this Agreement will not constitute a waiver of the right to subsequently enforce that provision.
Interpretation. The section titles in this Agreement are for convenience only and have no legal or contractual effect. References to "including" or "include" will be deemed to mean "including without limitation."

11. iOS Users. This Section applies to any version of the goMARTI App acquired from the Apple App Store. This Agreement is entered into between you and goMARTI. Apple, Inc. ("Apple") is not a party to this Agreement and shall have no obligations with respect to the goMARTI App. Apple is not responsible for the goMARTI App, the goMARTI App's maintenance and support services, or the content thereof as set forth hereunder. However, Apple and Apple's subsidiaries are third-party beneficiaries of this Agreement. Upon your acceptance of this Agreement, Apple, as a third-party beneficiary, shall have the right (and will be deemed to have accepted the right) to enforce this Agreement against you. As between goMARTI or its Affiliates and Apple, goMARTI and/or their Affiliates are responsible for addressing any claims relating to your use of the goMARTI App, including product liability claims, claims that the goMARTI App fails to conform to any applicable legal or regulatory requirement, and claims arising under consumer protection, privacy, or similar legislation. In the event of a third-party claim that the goMARTI App infringes a third party's intellectual property rights, as between goMARTI and Apple, goMARTI and/or its Affiliates will be responsible for the investigation, defense, settlement, and discharge of any such claim. This Agreement incorporates by reference Apple's Licensed Application End User License Agreement (available here https://www.apple.com/legal/internet-services/itunes/dev/minterms/), for purposes of which, you are "the end-user." In the event of a conflict in the terms of the Licensed Application End User License Agreement and this Agreement, the terms of this Agreement shall control.

If you would like to provide voluntary feedback regarding any of the goMARTI Services or anything else related to the goMARTI Project, you may email us here: hello@goMARTI.com.