Guided By Aura Terms of Service
These Terms of Service (these “Terms”) govern the services to be provided by National Vehicle Rentals LLC d/b/a GuidedByAura.com (“Guided By Aura”), d/b/a (“Aura +”) to the individual or entity requesting the services (“you” or “Host”). These Terms identify the Host and set forth certain additional terms and conditions relating to the requested services (collectively, this “Agreement”).
INTRODUCTION. Guided By Aura is a technology company that provides a management services platform using web-based technology (the “Platform”) that assists vehicle hosts with customer service and account administrative duties. Guided By Aura is not a rental car company. It does not own a fleet of vehicles, and is not in the business of renting vehicles to the public.
The parties agree as follows:
1. Performance of Services: Beginning on the date set forth in this Terms of Service (the “Effective Date”), Guided By Aura will provide the services described herein and as well as other products and services as requested by Host and agreed to by Guided By Aura from time to time (collectively, the “Services”) to assist Host in providing customer service and account administrative duties in relation to the Hosts rideshare profile.
2. Host Responsibilities: By registering with Guided By Aura, you acknowledge and agree that you have the legal authority to list your Vehicle on the your rideshare profile; and, if requested, you agree to provide documentation of legal title and ownership of your Vehicle 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. Host responsibilities also include performing certain tasks in furtherance of the reservations, such as but not limited to cleaning, delivering, picking up, checking in and out, validating guests Drivers License when applicable, checking vehicles for damages, reporting damage, submitting damage claims and maintaining the Vehicles. Host must notify Guided By Aura in writing when adding or removing any vehicles from their rideshare profile. Guided By Aura is and shall remain an independent contractor of Host for all purposes related to this Agreement, and this Agreement shall not be deemed to create a partnership, joint venture, or employment or agency relationship between the parties. By registering with us, you agree to the following terms:
2.1 Regular Maintenance. You understand and agree that all vehicles experience normal wear and tear over time and that Guided By Aura is not responsible for normal wear and tear or for personal belongings left in the Vehicle. Normal wear and tear includes but not limited to, dents, dings, scratches, wheels rash under five inches of diameter, etc. You are responsible financially for ensuring that your Vehicle is maintained in a way that is safely operable by any Driver, including obtaining regularly scheduled maintenance for your Vehicle in accordance with all manufacturer recommendations (“Maintenance”). As part of the Services, Guided By Aura will coordinate the Maintenance of your Vehicles, but you are still responsible for ensuring that all of your Vehicles are being properly maintained.
2.2 Insurance Policy. You agree to keep the Vehicle, at all times, insured in accordance with the rideshare platforms insurance requirements and to keep proof of insurance in the Vehicle or otherwise available to Guided By Aura and/or the Driver. When on rent, the car is covered by Turo Liberty Mutual Liability and protection. Guided By Aura will not be liable for any wear & tear, damage costs, maintenance costs, deductibles associated to the Host or to any of the Hosts vehicles. In the event of a collision or damage the driver will report the claim under their insurance. If the renter is uninsured then Turo’s Liberty Mutual covers the incident. If your Vehicle is damaged during a reservation, it is the responsibility of the Driver to gather relevant information and submit an insurance claim. If the Host discovers unreported damage, the Host agrees to file a claim under either the renters insurance policy or Turo’s Protection Policy no later than 24 hours after the end of the reservation in which the damage occurred. Guided By Aura agrees to detail the full nature of the claim and allow time for damage or loss assessment, dispute arbitration, or remediation at Guided By Aura’s sole discretion. Guided By Aura is not liable for any insurance deductible incurred from events of natural disaster. Such as but not limited to, earthquakes, hurricanes, floods, fires, flooding, wind damage, hail damage, etc.
2.3 Notice to Hosts of Vehicles with Liens. You understand and acknowledge that, if a lien is attached to your Vehicle before it is shared on the Platform (e.g., if your Vehicle is leased or financed), sharing your Vehicle on the Platform may violate the terms of your contract with the lien holder. You will indemnify and hold Guided By Aura harmless from and against any claims made against Guided By Aura by any such lien holder caused by the actual or potential breach of your contract with such lien holder, and you waive and release Guided By Aura from and against any claims that otherwise may be asserted by you against Guided By Aura in connection with such liens or contracts.
2.4 Personal vehicle sharing regulations. In some states, there is personal vehicle sharing legislation that may apply to you. While Guided By Aura does not believe that rental car licensing and permit requirements should apply to peer-to-peer car sharing, not all state and local authorities agree with this position. Although we strive to keep you informed of any steps you need to take before sharing your Vehicle using the Platform, we cannot provide you with legal advice and you acknowledge you are responsible for ensuring your compliance with any licensing and permit requirements.
3. Guided By Aura Responsibilities: When your Vehicle is registered with Guided By Aura and available for reservation, we will ensure all customer service communication, reimbursements, and pre/post trip guest messaging are taken care of. Guided By Aura will assist hosts with any unforeseen issues such as but not limited to Damage reports, maintenance, lost keys, forgotten items, etc.
4. Fees & Payment: Guided By Aura charges a monthly membership fee for the Aura customer service and account administration. Payments will be made in U.S. dollars and will be billed to you monthly. Any fee estimates provided are for informational purposes only and Host agrees to pay for the actual services provided by Guided By Aura at the specified rate. Guided By Aura shall have the right to suspend service if the Host has failed to pay any invoice within 30 days of receipt.
5. Term and Termination: The initial term of this Agreement shall commence on the Effective Date and, unless earlier terminated, terminate 3 months thereafter (“Initial Term”). This Agreement shall automatically renew for successive 1 month terms unless either party provides the other with notification of termination at least 30 days prior to expiration of the then-current term. Either party may terminate this Agreement (including any and all Registration Forms) at any time if the other party: (i) fails to cure any material breach of this Agreement within 30 days after written notice of such breach or (ii) ceases operation without a successor. 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.
6. Limited Warranty: Guided By Aura warrants that the Services will be performed in a professional manner in accordance with generally applicable industry standards. Guided By Aura’s sole liability (and Host’s exclusive remedy) for any breach of this warranty shall be for Guided By Aura to re-perform any deficient services. Guided By Aura shall have no obligation with respect to a warranty claim if the claim is the result of the actions of Host or some other party or is otherwise caused by factors outside the reasonable control of Guided By Aura. EXCEPT AS SET FORTH IN THIS SECTION 6, GUIDED BY AURA MAKES NO OTHER WARRANTIES, CONDITIONS OR UNDERTAKINGS, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR ANY WARRANTIES REGARDING THE PERFORMANCE OF ANY SOFTWARE PROVIDED BY GUIDED BY AURA. HOST MAY HAVE OTHER STATUTORY RIGHTS. HOWEVER, TO THE FULL EXTENT PERMITTED BY LAW, THE DURATION OF STATUTORILY REQUIRED WARRANTIES, IF ANY, SHALL BE LIMITED TO THIRTY DAYS.
7. LIMITATION OF LIABILITY: GUIDED BY AURA WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR INTERRUPTION OF SERVICES, LOSS OF BUSINESS, LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF DATA, OR LOSS OR INCREASED EXPENSE OF USE HOST OR ANY THIRD PARTY INCURS), WHETHER IN AN ACTION IN CONTRACT, WARRANTY, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR STRICT LIABILITY, EVEN IF GUIDED BY AURA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LIABILITIES. GUIDED BY AURA IS NOT RESPONSIBLE FOR PROBLEMS THAT OCCUR AS A RESULT OF THE USE OF ANY THIRD-PARTY SOFTWARE OR HARDWARE. IN NO EVENT WILL THE AMOUNT HOST MAY RECOVER UNDER THIS AGREEMENT EXCEED THE TOTAL PAYMENTS MADE TO GUIDED BY AURA BY HOST PURSUANT TO THIS AGREEMENT IN THE IMMEDIATELY PRECEDING TWELVE MONTHS.
8. Confidential and Proprietary Information: Each party agrees that all know-how, business, technical and financial information it obtains (“Receiving Party”) from the disclosing party (“Disclosing Party”) constitute the confidential property of the Disclosing Party (“Confidential Information”), provided that it is identified as confidential at the time of disclosure or should be reasonably known by the Receiving Party to be Confidential Information due to the nature of the information disclosed and the circumstances surrounding the disclosure. Except as may be necessary to perform its obligations under this Agreement, the Receiving Party will hold in confidence and not use or disclose any Confidential Information. The Receiving Party’s nondisclosure obligation shall not apply to information that: (i) was known to it prior to receipt of the Confidential Information; (ii) is publicly available; (iii) is rightfully obtained by the Receiving Party from a third party; (iv) is independently developed by employees of the Receiving Party; or (v) is required to be disclosed pursuant to a regulation, law or court order.
9. Assignment: Either party may assign this Agreement by providing the other party with prior written notice.
10. Disputes; Governing Law; Arbitration: Texas law will govern and enforce this Agreement. Any litigation or arbitration between Host and Guided By Aura will take place in any state court located within Dallas County, Texas or federal court within the Northern District of Texas. Host and Guided By Aura waive any objection to personal jurisdiction or venue in any forum located in those jurisdictions. Except for a claim of payments of amounts due, no action, regardless of form, arising out of this Agreement may be brought by either party against the other more than one year after the cause of action has arisen. At the option of either Host or Guided By Aura, any dispute arising from or with respect to this Agreement will be decided by arbitration by the American Arbitration Association in accordance with its Commercial rules.
11. Complete Understanding; Modification: This Agreement constitutes the full and complete understanding and agreement between Host and Guided By Aura and supersedes all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between the parties regarding the subject matter contained herein. Any modification or amendment of any provision of an Registration Form will be effective only if in writing and signed by both Host and Guided By Aura. In the event Guided By Aura modifies these Terms at any time, such modifications shall be binding on the Host only upon Host’s acceptance of the modified Terms. Continued use of the Services after receipt of notice of any such modifications shall constitute Host’s acceptance of the modified Terms.
12. Waiver and Severability: Waiver or failure by either party to exercise in any respect any right provided for in this Agreement will not be deemed a waiver of any further right under this Agreement. If any provision of this Agreement is found by a court of competent jurisdiction to be unenforceable for any reason, the remainder of this Agreement will continue in full force and effect.
13. Force Majeure: Neither party shall be liable to the other for any delay or failure to perform any obligation under this Agreement (except for a failure to pay fees) if the delay or failure is due to unforeseen events which are beyond the reasonable control of such party, such as strikes, blockade, war, terrorism, riots, natural disasters, and/or refusal of license by the government, insofar as such an event prevents or delays the affected party from fulfilling its obligations and such party is not able to prevent or remove the force majeure at reasonable cost.
14. Notices and Reports: Any notice hereunder shall be in writing to the address set forth in the Registration Form or otherwise exchanged between the parties and shall be deemed given: (i) upon receipt if by personal delivery; (ii) upon receipt if sent by certified or registered U.S. mail (return receipt requested); or (iii) upon confirmation of receipt if by email.
AGREED AND ACCEPTED:
The undersigned confirms that the foregoing constitutes the agreement made between The Company and The Host.