These Terms of Use ("Terms") govern your access to and use of the applications, websites, content, products, and services (collectively, the "Services") provided by DDirect Inc., a Georgia limited liability company, with its principal place of business at 85 Old Mill Ct., Carrollton, Georgia 30117 ("DDirect").
PLEASE REVIEW THESE TERMS THOROUGHLY BEFORE ACCESSING OR USING THE SERVICES.
By accessing or utilizing the Services, you acknowledge and agree to abide by these Terms, thereby establishing a binding contractual relationship between yourself and DDirect. If you disagree with these Terms, you must refrain from accessing or using the Services. These Terms explicitly supersede all previous agreements or understandings between you and DDirect. DDirect reserves the right to immediately terminate these Terms, discontinue any Services, or restrict or deny your access to the Services or any portion thereof, at any time and for any reason.
Certain Services may be subject to supplemental terms, such as policies related to specific events, activities, or promotions, which will be communicated to you when applicable. These supplemental terms constitute an integral part of these Terms concerning the relevant Services. In cases of conflict between these supplemental terms and these Terms, the supplemental terms will prevail for the applicable Services.
DDirect reserves the right to periodically amend these Terms concerning the Services. Amendments take effect upon DDirect's posting of the updated Terms at this location or through amended policies or supplemental terms related to the applicable Service. Your continued access or use of the Services following such postings indicates your acceptance of the revised Terms.
DDirect's collection and utilization of personal information related to the Services are detailed in the Privacy Policy available at https://ddirect.app/privacy. DDirect may disclose necessary information, including your contact details, to a claims processor or insurer in the event of a complaint, dispute, or conflict involving you and a Third Party Provider (including transportation network company drivers), particularly if such information or data is crucial to resolving the matter.
The Services provide a technology platform that enables users of DDirect's mobile applications or websites (each referred to as an "Application") to coordinate and schedule transportation and/or logistics services with independent third-party providers, including independent transportation and logistics providers who have agreements with DDirect or certain affiliates ("Third Party Providers"). Unless otherwise explicitly agreed upon in writing by DDirect, these Services are intended exclusively for your personal, noncommercial use.
YOU ACKNOWLEDGE THAT DDIRECT DOES NOT PROVIDE TRANSPORTATION OR LOGISTICS SERVICES NOR OPERATES AS A TRANSPORTATION CARRIER. ALL SUCH SERVICES ARE OFFERED BY INDEPENDENT THIRD-PARTY CONTRACTORS WHO ARE NOT EMPLOYED BY DDIRECT OR ITS AFFILIATES.
All Third Party Providers utilizing DDirect explicitly recognize and consent to their status as independent contractors, not employees or representatives of DDirect. Third Party Providers retain complete control over their operational practices, schedules, and pricing negotiations.
Subject to your compliance with these Terms, DDirect grants you a limited, non-exclusive, non- sublicensable, revocable, non-transferable license to: (i) access and use the Applications on your personal device strictly for your use of the Services; and (ii) access and utilize any content, information, and related materials provided through the Services exclusively for your personal, noncommercial purposes. All rights not expressly granted herein remain reserved by DDirect and its licensors.
You are prohibited from: (i) removing any copyright, trademark, or proprietary notices from the Services; (ii) reproducing, modifying, creating derivative works, distributing, licensing, leasing, selling, reselling, transferring, displaying publicly, performing publicly, transmitting, streaming, broadcasting, or exploiting the Services except as explicitly authorized by DDirect; (iii) decompiling, reverse engineering, or disassembling the Services unless permitted by law; (iv) linking, mirroring, or framing any part of the Services; (v) launching programs or scripts aimed at scraping, indexing, surveying, or data mining any part of the Services or unduly burdening their operation or functionality; (vi) attempting unauthorized access or impairing any part of the Services or associated networks.
The Services may integrate or connect with third-party services and content beyond DDirect's control, including advertising. Different terms and privacy policies may apply to your use of these third-party services. DDirect neither endorses nor is responsible for products or services provided by such third parties. Apple Inc., Google, Inc., Microsoft Corporation, or BlackBerry Limited and their respective subsidiaries may become third-party beneficiaries if you use Applications developed for their respective platforms. These entities are not responsible for providing or supporting the Services. Your use of Services through these platforms is governed by the relevant third-party beneficiary's terms.
The Services and all associated rights remain exclusively DDirect's property or that of its licensors. Neither these Terms nor your use of the Services grants any rights other than the limited license described above or permits any use of DDirect's names, logos, trademarks, or those of its licensors.
To utilize most aspects of the Services, you must register for and maintain an active personal user account ("Account"). You must be at least 18 years old or the age of legal majority in your jurisdiction (if different than 18) to create an Account. Registration requires submitting personal information such as your name, address, mobile phone number, and age to DDirect. You agree to keep your Account information accurate, complete, and up-to-date. Failure to do so, including maintaining an invalid or expired payment method, may restrict your access to the Services or result in termination of these Terms by DDirect. You are responsible for all activities under your Account and must maintain the security and confidentiality of your username and password. Unless expressly authorized by DDirect, you may only have one Account.
Users must pay a monthly fee for Platform access as a driver along with a one-time background check fee. The Service is unavailable to individuals under 18. You may not allow third-party use of your Account, nor can persons under 18 use transportation or logistics services from Third Party Providers unless accompanied by you. Account transfer to another person or entity is prohibited. You agree to comply with all applicable laws when using the Services and only engage in lawful activities (e.g., not transporting unlawful or hazardous materials). Misconduct causing nuisance, annoyance, inconvenience, or damage to property is prohibited. You may be required to provide proof of identity; refusal may result in denied access to the Services.
Third Party Providers must submit their license plate, VIN, vehicle photos (front, back, side), driver's license, name, portrait photo, valid auto insurance, and undergo a background check. Drivers with felony records, violent crime histories, or sex offender charges are barred from the service. Drivers must maintain minimum legally required automobile insurance.
Users agree not to:
Suspensions or bans may be appealed via customer support. Reports regarding Third Party Providers must be submitted through the app or customer support.
By creating an Account, you consent to receiving text (SMS) messages as part of regular service operations. You may opt-out anytime, though doing so may affect your use of the Services.
DDirect may allow you to submit textual, audio, or visual content ("User Content") related to Services, support requests, or promotions. User Content remains your property, but by providing it, you grant DDirect a worldwide, perpetual, irrevocable, transferable, royalty-free, sublicensable license to use, modify, distribute, publicly display, and exploit the content. You warrant ownership or proper authorization to share User Content, which must not violate intellectual property rights, laws, or be offensive. DDirect may review, monitor, or remove User Content at its discretion.
You are responsible for data network access and associated fees. Acquiring and maintaining compatible hardware for accessing Services and Applications is your responsibility. DDirect does not guarantee functionality on all hardware or devices. Service performance may experience delays or malfunctions inherent to internet and electronic communication use.
You acknowledge that utilizing the Services may result in charges for services or goods provided by Third Party Providers ("Charges"). Payment of Charges through the agreed medium shall be regarded as direct payment to the Third Party Provider. Charges may encompass various additional fees such as booking fees, tolls (national, provincial, municipal), airport surcharges, and processing fees for split payments, all determined by the Third Party Provider. Charges are final and non-refundable unless the Third Party Provider decides otherwise. You retain the option to request reduced Charges directly from the Third Party Provider at the time of service.
Charges are due based on the discretion of the Third Party Provider. If your primary payment method is invalid, expired, or otherwise unchargeable, the Third Party Provider retains the right to refuse service. This payment framework fully compensates the Third Party Provider. DDirect does not allocate any portion of your payment as a tip or gratuity to the Third Party Provider. Any representation by DDirect (website, application, marketing materials) that tipping is "voluntary," "not required," or "included" does not imply additional payments beyond the Charges detailed above. You understand you may offer gratuities at your discretion but are under no obligation. After service delivery, you may rate your experience and provide feedback on your Third Party Provider.
You may be responsible for repair or cleaning costs due to damages or required cleaning of a Third Party Provider's vehicle and property resulting from your use of the Services beyond normal "wear and tear" ("Repair or Cleaning"). Negotiations regarding Repair or Cleaning costs are exclusively between you and the Third Party Provider or applicable legal entity.
The Services are provided "as is" and "as available." DDirect explicitly disclaims all representations and warranties, whether express, implied, or statutory, unless expressly stated within these Terms. This includes implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Additionally, DDirect provides no assurances regarding the reliability, timeliness, quality, suitability, or availability of the Services or any requested services or goods through the Services, nor guarantees that the Services will be uninterrupted or free from errors. DDirect does not assure the quality, suitability, safety, or abilities of Third Party Providers. You accept full responsibility for risks associated with your use of the Services and any requested services or goods, to the maximum extent allowed by law.
DDirect shall not be responsible for indirect, incidental, special, exemplary, punitive, or consequential damages, including lost profits, lost data, personal injury, or property damage arising from or related to your use of the Services, even if DDirect has been informed of such possibilities. DDirect holds no liability for any damages, liabilities, or losses resulting from: (i) your use of or reliance upon the Services, or inability to access or utilize them; or (ii) transactions or interactions between you and Third Party Providers, even if advised of potential damages. DDirect is not accountable for delays or service failures due to causes beyond its reasonable control. You recognize that Third Party Providers offering transportation through some brands may engage in ridesharing or peer-to-peer transportation and may not possess professional licenses or permits. In no circumstance shall DDirect's total liability exceed five hundred dollars ($500).
Although the Services may be used by you to arrange transportation, goods, or logistics services with Third Party Providers, you acknowledge that DDirect holds no responsibility or liability regarding such services provided by Third Party Providers, except as explicitly stated in these Terms.
The limitations and disclaimers outlined in this Section do not limit liability or affect your consumer rights under applicable law, which cannot be excluded.
You agree to indemnify and hold harmless DDirect, its officers, directors, employees, and agents from all claims, demands, losses, liabilities, and expenses (including attorney's fees) arising from or related to: (i) your use of the Services; (ii) your violation or breach of these Terms; (iii) DDirect's use of your User Content; or (iv) your infringement of third-party rights, including those of Third Party Providers.
You acknowledge and agree it is your responsibility to ensure the removal of your belongings from a Third Party Provider's vehicle upon completion of your journey. If items are left behind, the Third Party Provider may return them directly to you.
While you may anticipate that Third Party Providers will return your items either directly or through DDirect's offices, DDirect shall not be held responsible if the Third Party Provider fails to return your items as expected. Moreover, DDirect assumes no liability for any loss or damage to your belongings while they are in transit.
In cases where lost property is returned to DDirect's offices by a Third Party Provider, DDirect will make reasonable efforts to identify the owner. However, you understand and agree that: (i) DDirect will retain possession of your property for no longer than three months from the date of receipt; and (ii) if you fail to collect your property within this stipulated three-month period, DDirect is entitled to dispose of the property as it sees fit, and you shall have no further claim against DDirect regarding such unclaimed property.
These Terms shall be exclusively governed by and interpreted according to the laws of the State of Georgia, United States, excluding its conflict of law principles. Any dispute, conflict, claim, or controversy arising out of or in connection with these Terms or the Services, including matters related to their validity, interpretation, or enforceability (collectively, "Dispute"), shall first be mandatorily submitted to mediation under the American Arbitration Association Mediation Rules. Should the Dispute remain unresolved sixty (60) days after submission to mediation, it shall then be exclusively and conclusively resolved by arbitration under the Rules of Arbitration of the American Arbitration Association ("AAA Arbitration Rules"). The arbitration will be conducted by a single arbitrator appointed according to the AAA Arbitration Rules. The mediation and arbitration proceedings will take place in Atlanta, Georgia, and will be conducted in English. All mediation and arbitration proceedings, including their existence and content, shall remain strictly confidential and may not be disclosed to any third party without explicit written consent from the other party unless disclosure is mandated by law.
Any claims regarding copyright infringement must be submitted directly to DDirect's designated agent.
DDirect may provide notices through general communications on the Services, email sent to the email address associated with your Account, or written notices sent to the address listed in your Account. Notices to DDirect should be sent in writing to DDirect's registered business address at 85 Old Mill Ct. Carrollton, Georgia 30117.
You may not assign or transfer these Terms, entirely or partially, without prior written consent from DDirect. You hereby grant consent to DDirect to assign or transfer these Terms, wholly or in part, to: (i) a subsidiary or affiliate; (ii) an acquirer of DDirect's equity, assets, or business; or (iii) a successor entity resulting from a merger. These Terms do not establish any joint venture, partnership, employment, or agency relationships among you, DDirect, or any Third Party Provider resulting from your agreement or use of the Services.
Should any provision of these Terms be deemed illegal, invalid, or unenforceable under any applicable law, such provision shall be severed from these Terms to the extent of its illegality, invalidity, or unenforceability, without affecting the legality, validity, or enforceability of the remaining provisions. The parties agree to replace any such provision with a legally valid and enforceable provision that closely reflects the original intent of the severed provision. These Terms represent the complete agreement and understanding between the parties concerning their subject matter, superseding any prior or contemporaneous agreements or understandings regarding this subject matter. The terms "including" and "include" used in these Terms imply "including, but not limited to."
By using our Platform, you confirm that you have read, fully understood, and agree to these Terms and conditions.
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For questions about these Terms, please contact us at [email protected]