Last Updated: June 19, 2023
This Owner Policy (this “Owner Policy”) is applicable to each User who is authorized to use the Service as an Owner in accordance with the Aura Terms of Service located at TOS, which are hereby incorporated by reference, and to share Eligible Vehicles through the Service (each, a “Vehicle”). Capitalized terms that are used this Owner Policy and not specifically defined in this Owner Policy have the meanings set forth in the Aura Terms of Service.
BY UTILIZING THE SERVICE AS AN OWNER, YOU SIGNIFY THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THIS OWNER POLICY AND THE TERMS AS PART OF A LEGALLY BINDING CONTRACT BETWEEN YOU AND AURA.
PLEASE ENSURE THAT YOU HAVE CareFULLY READ, CONSIDERED, AND UNDERSTOOD EACH PROVISION AND ITS IMPLICATIONS, BECAUSE THIS OWNER POLICY INCLUDES IMPORTANT INFORMATION THAT AFFECTS YOUR RIGHTS, REMEDIES, AND OBLIGATIONS IN CONNECTION WITH YOUR ACCESS AND USE OF THE SERVICE AS AN OWNER.
Please note that we may modify, supplement, revise, or update this Owner Policy from time to time, for any reason. We will notify you of material changes to this Owner Policy by posting the amended terms on the Service at least 30 days before the effective date of the changes. If you have provided us with your email address, we will notify you of material changes to this Owner Policy by sending an email at least 30 days before the effective date of the changes. You will be subject to, and will be deemed to have been made aware of and accepted, this Owner Policy as modified, supplemented, revised, or updated by your continued use of the Service as an Owner after the effective date of the applicable modifications, supplements, revisions, or updates. If you do not agree to any of the modified, supplemented, revised, or updated terms or conditions, then you should discontinue using and accessing the Service as an Owner.
To more fully maximize a particular Vehicle’s utilization and revenue generation, Owner acknowledges and agrees that Aura may make a Vehicle available to a Renter or, through Aura’s own online rental platform or arrangements with third-party businesses who rent cars to end users (each such business, a “Rental Fleet”; and each such end user, a “Rental Fleet Customer”). Aura does not, however, guarantee any particular level of utilization of, or revenue generation by, any Vehicle.
Aura’s responsibilities include performing certain tasks in connection with the Service, such as, but not limited to, photographing, cleaning, delivering, picking up, checking Renters in and out of reservations, validating Renter’s drivers licenses, validating Renter’s active insurance when applicable, validating Renter’s background checks when applicable, checking Vehicles for damages and documenting any Vehicle damages with photographs, reporting damage, submitting damage claims, and maintaining the Vehicles with scheduled, preventative maintenance checks to ensure the Vehicle is safely operable. Owner must notify Aura in writing when adding or removing any Vehicles from the Service in accordance with Aura’s cancellation policy, as described in Section 12 of this Owner Policy. Any Owner attempting to remove their Vehicle, or taking possession of their Vehicle without written approval from Aura will immediately be terminated from the Service. Aura is and shall remain an independent contractor for all purposes related to this Agreement, and this Agreement shall not be deemed to create a partnership, joint venture, employment, or agency relationship between Owner and Aura.
Owner will be solely responsible for ensuring, and you represent and warrant to Aura, that all information regarding your Vehicles, including the model, year, mileage, and other features of your Vehicles, are accurate and complete. Owner acknowledges and agrees that Owner is solely responsible for the creation and maintenance of all information about your Vehicles that is provided in connection with the Service.
In some states, there is personal vehicle sharing legislation that may apply to you. Owner acknowledges and agrees that Owner is solely responsible for ensuring compliance with any licensing and permit requirements applicable in the jurisdiction where Owner and Owner’s Vehicles are located.
You are solely responsible for all traffic violations, tolls, towing charges, damage, and other fines, obligations, and losses incurred in relation to your Vehicles (A) other than those resulting from use of the Vehicle by a Renter or a Rental Fleet Customer or (B) arising from your breach of this Owner Policy or the Aura Terms of Service.
As an Owner, the fees payable by you to Aura, and amounts payable to you by Aura, are set forth in the Owner Fee and Payment Schedule, which is located at Fee and Payment. You acknowledge and agree to the Owner Fee and Payment Schedule, including, without limitation, Aura’s right to both charge you Aura’s Fees and retain the revenue generated from each of your Vehicles that does not constitute Your Monthly Earnings. Aura will calculate and pay you Your Monthly Earnings in accordance with the Owner Fee and Payment Schedule, as it may be modified, supplemented, revised, or updated from time to time. As set forth in the Owner Fee and Payment Schedule, information concerning Your Monthly Earnings will, among other information, be made available in your User Dashboard. You hereby appoint Aura as your payment collection agent solely for the limited purpose of accepting funds from a Renter or a Rental Fleet Customer on your behalf in connection with use of your Vehicle(s).
By becoming an Owner, you acknowledge and agree that you are giving Aura the Vehicle to rent on a full-time basis and that you will only have access to the Vehicle if you rent the Vehicle as a Renter or Rental Fleet Customer. You agree that Aura has no obligation to give you access to the Vehicle for personal use unless you have rented the Vehicle as a Renter or Rental Fleet Customer and you acknowledge that any liability or property damage coverages may not extend to you if you gain access to your Vehicle without written consent from Aura.
You acknowledge and agree that Aura can move Vehicles between markets upon request and that both you, and Aura, will provide written consent before any Vehicle is moved and that Aura will require you to cover the cost of shipping the Vehicle to a different location.
You acknowledge and agree that you are responsible for providing a Vehicle that always maintains manufacturer guidelines and specifications and is safely operable. Upon receipt of the Vehicle, Aura documents an interior and exterior inspection of the Vehicle utilizing our proprietary technology system to store those photographs and documents indefinitely. We will take photos of the interior and exterior of the Vehicle, ensuring all four sides as well as the dashboard, mileage, registration, VIN, insurance, and license plates all are documented in real-time, before listing the Vehicle for rental. Aura uses the same documentation process, photos of the interior and exterior of the Vehicle, ensuring all four sides as well as the dashboard, mileage, registration, VIN, and License Plates all are documented in real-time, before listing the Vehicle for any future rental.
Each Vehicle must be safely operable and operable in accordance with the manufacturer’s guidelines and specifications at all times. No Vehicle may be customized, modified, or otherwise tampered with in any way that impairs or interferes with the safe operation of the Vehicle. You are solely responsible for the Vehicle’s ability to be safely operated by each Renter and Rental Fleet Customer regardless of such Renter’s or Rental Fleet Customer’s personal characteristics, regardless of our documentation process. Aura will not be liable for any wear and tear, damage costs, maintenance costs, deductibles that are the responsibility of the Owner or that are associated with any of the Vehicles.
In the event that your Vehicle fails to operate safely during use by a Renter or Rental Fleet Customer, you are fully responsible for all expenses, fees, or other charges incurred as a result of such failure, including road-side assistance, towing, damages, liability, etc. (“Safe-Operation Expenses”).
We will be responsible for coordinating preventative maintenance of your Vehicle, including but not limited to oil changes, tire rotations, fluid changes, etc. Any preventative maintenance we coordinate in the amount less than US$249.99 (“Qualifying Preventative Maintenance”) will be paid for by Aura (i.e., the entire cost must be less than US$249.99; that amount is not a deductible), with the associated expenses, fees, and other charges passed along to you as provided in the Owner Fee and Payment Schedule. While preventative maintenance is included as part of the Service, Aura is not liable with respect to such maintenance or for otherwise ensuring the Vehicle is safely operable, or that those services are completed in a specific timeframe. Please consult the Vehicle’s manufacturer for recommended regular and special maintenance or repairs, including recalls.
You also understand that any maintenance cost equal to or exceeding US$250.00 (i.e., the entire amount and not merely the excess) will be an out-of-pocket expense and that you are responsible for the cost of any and all such maintenance. When such maintenance (i.e., maintenance that is not Qualifying Preventative Maintenance) is required, you will delist your Vehicle, regain possession of that Vehicle, and have the necessary maintenance completed and paid for before you may relist your Vehicle with the Service. By relisting your Vehicle with the Service, you represent and warrant to Aura that all necessary maintenance has been completed by competent service professionals who have been paid in full. You also agree to provide Aura promptly with any and all related documentation evidencing the performance of such maintenance and payment, if and when requested by Aura.
Furthermore, you understand that one of the results of use of Vehicles by Renters and Rental Fleet Customers, is that your Vehicles will be subject to wear and tear, including on an accelerated basis when compared to vehicles that are not rented or otherwise used in the same manner. Minor scratches or dents to bumpers, undercarriage and attached components are considered wear and tear, so long as the scratches are cosmetic in nature and do not compromise the safety and function of the Vehicle.
By utilizing the Service as an Owner, you represent and warrant that you have the legal authority to list your Vehicle on the Service. You agree to provide documentation of legal title and ownership of your Vehicle, valid copies of which you agree to make available to Aura promptly upon request, and to keep a valid copy of your Vehicle’s registration in the glove compartment of the Vehicle at all times while available for reservation. You further represent and warrant that the use of each Vehicle you provide for the Service will not violate any rights of a third party or any agreement with respect to such automobile, including any leasing or financing agreement.
You agree to keep the Vehicle, at all times, insured in accordance with any insurance requirements mandated by Aura from time to time, but in any event in accordance with the minimum liability and property damage insurance coverage required by law in the state in which the vehicle is located. You will keep proof of insurance in the Vehicle or otherwise ensure that such policies are available to Aura or the Renter or Rental Fleet Customer at any time and upon their request. You agree to maintain, at all times and at a minimum, state minimum insurance throughout the duration of time that Aura has possession of your Vehicle and that proof of insurance is available in the glove compartment of the Vehicle or otherwise available to Aura and/or the Renter. You agree to provide Aura with any updates or changes to your insurance policy during the time Aura has possession of your vehicle and Aura will keep proof of state minimum full coverage limits of your Vehicle in our database. Aura is not responsible for any property damage or liability claims that result in inadequate coverage or changes made to the Vehicle owners personal insurance policy.
In the event of a collision or damage, the Renter or Rental Fleet Customer, as applicable, will be required to report the claim under their insurance. If the Renter or Rental Fleet Customer is uninsured, underinsured or has not maintained proper personal insurance, the Vehicle Owner’s personal insurance covers the incident. If the Vehicle is damaged while in use by a Renter or Rental Fleet Customer, the Renter or Rental Fleet Customer, as applicable, will be responsible for gathering relevant information and submitting an insurance claim.
If Aura discovers unreported damage following return of a Vehicle by a Renter or Rental Fleet Customer, the Owner agrees to file a claim under the Renter or Rental Fleet Customers personal insurance, no later than 24 hours after the end of the most recent use by a Renter or Rental Fleet Customer. Aura agrees to detail the full nature of the claim and allow time for damage or loss assessment, dispute arbitration, or remediation at Aura’s sole discretion. Aura is also not liable for any insurance deductible or Vehicle damage incurred from events of vandalism, acts of terrorism, thefts, or natural disasters (e.g., nuclear war, earthquakes, hurricanes, floods, fires, flooding, wind damage, hail damage, etc.).
As stated above, you are fully responsible to ensure your Vehicles are fully insured regarding their use by each Renter and Rental Fleet Customer regardless of any other insurance policy contemplated by this Owner Policy. Your insurance will be primary and that of first resort regarding all damage arising from your use of the Service.
You acknowledge and agree that Aura is not responsible or liable for any damage done to the Vehicle while on or off rent and that in the event that damage is done to a Vehicle that is not covered under insurance, you will either (A) pay for that damage out of pocket and provide receipts of damages being fixed, or (B) remove the Vehicle from the Service.
Aura inspects all Vehicles before and after every rental. In the event that damage to the Vehicle is discovered that was not documented during use by a Renter or Rental Fleet Customer, Aura will bring the Vehicle to a third-party damage repair center, such as but not limited to a car dealership, Firestone, MAACO, Service King, etc. You are aware and agree that Aura will notify you of where the Vehicle is located and you will communicate directly with the damage repair center to discuss the estimate, agree to damages being fixed, pay the cost of damages to bring the Vehicle back to a safe, operable standard and provide documentation of damages being fixed to Aura before the Vehicle is re-listed to be rented. Aura will pursue the Renter or Rental Fleet Customer to remedy any damage done to the Vehicle in full and remit any payments made to Aura back to the Owner on the subsequent months’ payment.
You may be required to provide two keys to your Vehicle. If Aura or, during use by a Renter or a Rental Fleet Customer, a Renter or a Rental Fleet Customer, misplaces a key to your Vehicle, Aura, at its sole discretion, will either: (A) require that you replace the missing key, including programming such replacement to the Vehicle, or (B) reimburse you for the reasonable, out-of-pocket third-party costs associated with replacing the key, so long as they key is not lost during a rent, from theft or from a covered insurance claim. Under no circumstance will we reimburse you for incidental costs, including, without limitation, replacing the locking mechanisms of your Vehicle or loss of rental income due to key replacements.
As an Owner, you agree to always keep one key in a safe place (accessed only by you and those you authorize) outside of the Vehicle in case an emergency arises.
Aura has a 90-day cancellation policy. By using the Service as an Owner, you are guaranteeing that your Vehicle will be part of the Service for a minimum of 90 days, starting on the first day of the subsequent month after the first Renter or Rental Fleet Customer rents your car. You are responsible for notifying Aura in writing at [email protected] that you want to remove your Vehicle from the Service. Aura will have no obligation to return your Vehicle to you or remove your Vehicle from the Service prior to the end of the applicable 90-day period.
Notwithstanding the 90-day cancellation period, Aura shall have the right to terminate Owner’s participation in the Service at any time in accordance with the Aura Terms of Service. . Termination is not an exclusive remedy and the exercise by either party of any remedy under this Agreement will be without prejudice to any other remedies it may have under this Agreement, by law, or otherwise.
You are solely responsible for retrieving your Vehicle from impound lots or tow lots regardless of whether such relocation was due to Renter activity, Rental Fleet Customer activity or Aura activity. Aura may reimburse the affected Owner for direct, out-of-pocket reasonable costs of retrieval, unless such relocation was due to a breach of this Owner Policy by Owner, in whole or in part.
You understand and agree that personal items left in the Vehicle are not covered by Aura’s insurance policy under any circumstances. You understand and agree to remove personal belongings from each Vehicle before providing the Vehicle to Aura.
You understand and acknowledge that, if a lien is attached to your Vehicle before it is shared on the Service, sharing your Vehicle or otherwise using the Service with respect to such Vehicle may violate the terms of your contract with the lien holder. Additionally, such contracts with the lien holder might impose specific requirements for physical damage coverage and Aura is not liable for any financial or operational issues that arise out of contract violations with your lien holder.