Motional Rides & Deliveries on the Uber Platform

LIMITATION OF LIABILITY, ASSUMPTION OF RISK, INDEMNITY AND ARBITRATION AGREEMENT (“AGREEMENT”)

This Agreement describes the terms and conditions (“Terms”) pursuant to which Motional AD Inc. (together with its subsidiaries and affiliates, and each of its  and their respective officers, directors, partners, suppliers, licensors, and employees (individually and collectively, “Motional”)) offers you access to Motional’s autonomous vehicles. In consideration of the opportunity to ride in a Motional autonomous vehicle free of charge (the “Services”), you agree to these Terms. Uber Technologies, Inc. (“Uber”) owns and operates the Uber platform, and all of the Terms of Service you agreed to with Uber remain in effect and are hereby incorporated by reference including all provisions related to dispute resolution.  Specifically, you have agreed to waive your right to have any disputes arising out of this ride decided in a Court and have instead agreed to have these matters referred to Arbitration as more specifically defined in the Uber Terms of Service; and you acknowledge that any disputes between you and Motional arising out of this ride will be referred to such Arbitration. 

If you do not agree to all Terms set forth herein, you must not ride in the autonomous vehicle.  Riding in the autonomous vehicle constitutes your agreement to all of the terms contained in this agreement.

You represent that you are at least eighteen (18) years of age, in good health and in sufficient physical condition to be a passenger in the autonomous vehicle.

PROTOTYPE VEHICLE

This vehicle has not yet been certified to meet the Federal Motor Vehicle Safety Standards.  It is a pre-production prototype vehicle.  It is not production ready. You consent to ride in a pre-production, prototype vehicle that has not yet been certified to meet all Federal Motor Vehicle Safety Standards.

ASSUMPTION OF RISK

You acknowledge that Motional is an independent contractor providing transportation services and not an actual agent, apparent agent, or ostensible agent of Uber in any way.

You agree to wear your seatbelt at all times while in the autonomous vehicle.

Riding in any moving vehicle is potentially dangerous.   Your vehicle may be involved in a collision causing injury. Being on the road with other vehicles presents risks.  Other vehicles can collide with your vehicle and cause injury.  You acknowledge that riding in an autonomous vehicle, like any vehicle, involves potential risk of serious bodily injury and death, which may be caused, among other things, by weather and road conditions, other motorists or passengers, or your own actions or inaction. You acknowledge that riding in Motional’s vehicle may expose you to an elevated risk of disease transmission, including COVID-19.                                                    

RELEASE & WAIVER OF LIABILITY

To the fullest extent permitted by applicable law, Motional's liability to you under any theory of liability—whether, for example, based in contract, tort, negligence, warranty, or otherwise— will be subject to the following terms: (i) when permitted by law, Motional will not be liable for any indirect, consequential, incidental, special damages, lost profits or the costs of procuring substitute transportation services arising out of or in any way related to these Terms or Services, even if Motional has been advised of the possibility of such damages; (ii) the total collective liability of Motional for any claim arising out of or relating to these Terms or Services, regardless of the form of the action, is limited to the amount paid by you to Motional for the Service instance giving rise to the claim.  The limitations set forth in this paragraph will not limit or exclude liability to you for Motional's gross negligence, fraud, or reckless or intentional misconduct; for any personal injury or property damage to the extent caused by a vehicle design defect in Motional’s autonomous vehicle  (except to the extent such injury or damage is caused by your, or any of your guest’s or third party’s, negligence or violation of these Terms); or for any other matters in which liability cannot be excluded or limited under applicable law.

To the fullest extent permitted by applicable law, you release Motional from responsibility, liability, claims, demands, and/or damages (actual and consequential) of every kind and nature, known and unknown (including claims of negligence), arising out of or related to disputes between you and any third party (including other passengers) and the acts or omissions of third parties.

GOVERNING LAW

These Terms shall be governed by and construed in accordance with the laws of the state in which your dispute arises, without regard to the choice or conflict of law principles of any jurisdiction, except as may be otherwise provided above.

By clicking “[I ACCEPT]”, you acknowledge having read this Agreement and understand that you are giving up substantial rights by agreeing to it, have signed it freely and without any inducement or assurance of any nature. Accordingly, you intend it to be a complete and unconditional release of all liability to the greatest extent allowed by law. You agree that, if any portion of this Agreement is held to be invalid, the balance will continue in full force and effect.

Last updated: October 6, 2022

Motional AD Inc. (“Motional”) is committed to protecting the privacy and security of your personal data. This Privacy Statement applies to the data collected from the products and services offered by Motional with respect to its vehicles, including when you are a passenger in a Motional vehicle (including in connection with one of our partner rideshare platforms), or when you contact us with a comment, inquiry or customer support request, relating to our vehicles.

By using our products or services, including by contacting us, you agree, where permissible by law, that we may process your personal data in the manner described in this statement. Changes to this statement will be reflected on this page and noted with the “Last updated” date at the top.  If we make material changes to this Privacy Statement, we will notify you and provide you an opportunity to review before you choose to continue using our products and services.

It is important that you read this statement so that you are aware of how and why we are collecting and processing your information. If you have any questions about this statement or how we handle your personal data, please contact Motional by emailing (privacy@motional.com).

Information we receive

Personal data, or personal information, means any information from or about an identified or identifiable person, including information that Motional can associate with an individual person. Depending on applicable law, personal data may not include de-identified or aggregate information, or publicly available information.  Much of the information we collect from the vehicle during rides is not personal data, but rather information for product and service improvement purposes.  For more information about what Motional receives, please see below for more detail.

When you avail yourself of our services, including using Motional products, we may collect, store, use, and/or otherwise process the following categories of information:

• Rider account information - Limited information from your account with our partners, including certain identity data, such as your first name and last name, and contact data, including your mobile telephone number. This information is used solely for providing our ride services, and will be deleted within a reasonable time after the completion of your ride.
• Vehicle, drop-off, and pick-up locations - Location of the vehicle, including location data from the vehicle based on GNSS (including using GPS), WiFi, or other localization methods, vehicle route information, and drop-off and pick-up locations. Following completion of your ride, this information is not stored in a manner associated with any other personal data.
• Communications with Motional and our partners - Records of your interactions with us, our partners’ platforms (including relating to support questions), and other inquiries. For safety purposes, we may also receive recordings of the contents of phone calls, including through our partners’ platforms, and calls made during use of the vehicle (see In-vehicle audio recordings below).
• In-vehicle video footage - Video footage from inside the vehicle, for safety, customer service, quality assurance, product improvement, and legal purposes. 

• In-vehicle audio recordings - Audio data, which may include conversations had within or in close proximity to Motional vehicles.  This data may be used for the same purposes as in-vehicle video footage.
• Out-of-vehicle sensor data (including video and audio) - Sensor data, including images and audio and video recordings using the car’s external cameras and microphones.  This data may include audio and/or video recordings of humans (to recognize pedestrian human behavior) and other objects, license plates, lane lines, street signs, emergency vehicles, and traffic light positions.  This data may be used for autonomous vehicle operation, safety, quality assurance, product development, and legal purposes.
• Information from partners - Information about customers and their users from third-party companies, such as market data enrichment services, including information about an account owner’s company size or industry, contact information, or activity of certain enterprise domains.
• Vehicle operations data - In order to help improve our products and services, and for safety reasons, we may collect, process, and/or store additional vehicle-related data described below.  We do not store any vehicle and product usage data described below in a manner associated with any rider account information, following completion of a ride.
• Vehicle ride information - Including date, start time of ride, time of pick-ups and drop-offs, times of pick-up location arrival and drop-off local arrival, distance, route, number of passengers picked up, number of passengers dropped off, and other usage information about rides in our vehicles. Again, following completion of a ride, we do not store this information in a manner associated with rider account information.
• Vehicle performance-related information - Including information about software version and certain telematics data; vehicle connectivity information; vehicle settings; vehicle service history data; issues that could materially impair operation of vehicles; accidents or near accident-like circumstances involving Motional vehicles; any safety-critical or cybersecurity-critical issues; and software and firmware updates.
• Other mandatory data - Data that is mandatory for us to collect to comply with certain legal and regulatory obligations that apply to our business.

How we receive your personal data

We receive personal data through our interactions with you, when you use our services or products (including use of our vehicles), and when you participate in research and development. We also may receive data through development of our products or services, which may include street view video data collected in public spaces

How we use your personal data

At Motional, we believe the privacy of your personal data, and information that can be derived from our vehicle data, is important. We do not sell, rent, lease, or otherwise provide your personal, ride, or location data to third parties for their own marketing or commercial purposes.

We may use the personal data we receive for purposes that include:

• Providing Motional products, services and transactions - Providing products, features, and services to customers and/or users, or carry out transactions you have requested, including providing our vehicles for partners’ rides.
• Administering and protecting our business - Administering and protecting our business, including troubleshooting, system maintenance, support, reporting and hosting of data.
• Improving our business, products and services - Performing business analyses or for other purposes that help us to develop and improve the quality of our business, products and services, including our vehicles and new products and services.
• Marketing, promotions and surveys - Using your personal data to inform you of products or services which may be of interest to you, and to otherwise communicate with you about offerings, events and news, surveys, special offers, and related topics, in accordance with applicable law. You are able to opt-out from marketing communications sent via e-mail at any time by using the “unsubscribe” link in any e-mail marketing materials you receive from us, or by contacting us at privacy@motional.com.
• Research and analysis - Conducting research and analysis to help us for future product innovation, and product research and development.
• Communicating with you - Communicating with you, including when you contact us.
• Enforcement, integrity, security, and safety - Detecting, investigating, and preventing malicious conduct, vehicle collisions, intellectual property infringement, or unsafe experiences, addressing security threats, protecting public safety, and securing Motional products.
• Legal reasons - Complying with applicable law or responding to valid legal process, including from law enforcement or government agencies, investigating or participating in civil discovery, litigation, or other adversarial legal proceedings, and enforcing or investigating potential violations of our Terms of Service or policies.

How we share your personal data

We will share your personal data with third parties in the following circumstances:

• Service providers - We will share your data with trusted third-party service providers. All our third-party service providers are required to take appropriate measures to protect your personal data based on the associated risks, including proper security and access controls, and to treat it in accordance with the law. They will only process your personal data on our instructions and are subject to a duty of confidentiality.
• Legal reasons - Where required by law; as needed to respond to, investigate, or participate in valid legal process and proceedings, including from law enforcement or government agencies; where it is necessary to perform our contract with you; to enforce or investigate potential violations of its Terms of Service or policies; detect, prevent, or investigate potential fraud, abuse, or safety and security concerns, including threats to the public; meet our corporate and social responsibility commitments; protect our and our customers’ rights and property; and to resolve disputes and enforce agreements.
• Changes in control - Motional may share personal data with actual or prospective acquirers, their representatives and other relevant participants in, or during negotiations of, any sale, merger, acquisition, restructuring, or change in control involving all or a portion of Motional’s business or assets, including in connection with bankruptcy or similar proceedings.  In these instances also, we will ensure appropriate measures to protect the use, retention, sharing, storing, and other processing of your personal data.

We may also disclose the aggregate statistical data that we collect to third parties as processors in order to allow them to measure on our behalf the effectiveness of our technology and advertisements.

Children

Motional products are not designed for children and are not intended to appeal to children. Motional does not knowingly collect data from children, though external vehicle sensors may collect images as described above. If you are under 13 years of age, please do not use Motional products. If we learn that we have collected the personally identifying information of an individual under the age of 13 without obtaining the prior consent of the holder of parental responsibility over him/her, we will take steps to delete the concerned information, where possible. If you are a parent and you think we have inadvertently collected and processed personal data from your child who is under 13, you may contact us by sending an email to privacy@motional.com to request that we delete their information from our records.

Contact

If you would like to exercise any privacy rights as described herein, or if you have any other questions about our use of your personal data, please send a request to privacy@motional.com.

California privacy rights

California Consumer Privacy Act

Under the California Consumer Privacy Act of 2018 (CCPA), California residents may have a right to:

• Access the categories and specific pieces of personal data Motional has collected, the categories of sources from which the personal data is collected, the business purpose(s) for collecting the personal data, and the categories of third parties with whom Motional has shared personal data;
• Delete personal data under certain circumstances; and
• Opt out of the “sale” of personal data. California residents have the right to opt-out of the sales of their personal data by us. As noted above, we do not sell personal data about California residents relating to Motional vehicles.

Motional will not discriminate against you for exercising any of these rights, which is further in line with your rights under the CCPA.

To exercise your rights, contact us by emailing privacy@motional.com. We will acknowledge receipt of your request within 10 business days, and provide a substantive response within 45 calendar days, or inform you of the reason and extension period (up to 90 days) in writing.

Under the CCPA, only you or an authorized agent may make a request related to your personal data. Note that to respond to your requests to access or delete personal data under the CCPA, we must verify your identity. We may do so by requiring you to give a declaration as to your identity under penalty of perjury, and/or provide additional information. You may designate an authorized agent to submit your verified consumer request by providing written permission and verifying your identity, or through proof of power of attorney.

California’s Shine the Light Law

California Civil Code Section 1798.83, also known as “Shine the Light” law, permits California residents to annually request information regarding the disclosure of your personal data (if any) to third parties for the third parties’ direct marketing purposes in the preceding calendar year. We do not share personal data with third parties for the third parties’ direct marketing purposes.

Changes to this Privacy Statement

We reserve the right to update this statement at any time and will notify you of the updated Privacy Statement by posting it on our website and mobile application information page, with a “Last Updated” date at the top. We recommend that you review this Privacy Statement whenever you visit the website or mobile application. If we make material changes to this Privacy Statement, we will also notify Motional application users through email. Your use of Motional products or services following the posting of changes constitutes your acceptance of such changes.

If you have any questions about this statement, please submit a request to privacy@motional.com.