Terms of Service
Updated November 4, 2019
The Services constitute use of us or our affiliates’, partners’, or licensors’ vehicles, as well as the following “Applications”: accessories, telematics, safety, security or other technology platforms, and web or mobile applications which enable users to arrange, schedule and rent transportation and/or logistics services, gain access to vehicles, and operate them.
Drivers may reserve the Services via KINTO’s reservation system. Reservations will be made on an as-available, first-come basis, and we do not guarantee the availability of the Services at any particular time. The length of each term of use of the Services will be agreed to on a per drive basis via our reservation system. We reserve the right to change or cancel the Services at any time with or without notice. Reservations may be made no earlier than seven days in advance. We may set time limits to a continuous reservation of our Service, regardless of vehicle availability in the reservation system. The default maximum reservation length is 14 hours.
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to: (i) access and use vehicles; (ii) access and use the Applications on your personal device solely in connection with your use of the Services; and (iii) access and use any content, information and related materials that may be made available to you through the Services by us, in each case solely for your use in conjunction with ride sharing, ride hailing, delivery, or any other service approved by us. Any rights not expressly granted herein are reserved by us or our affiliates, partners, or licensors. This license is restricted to the state in which the vehicles are stationed.
Only you may drive your vehicle during your reservation.
The Services, underlying assets, and all rights therein are and shall remain Company property or the property of our licensors. Neither these Terms nor your use of the Services convey or grant to you any rights: (i) in or related to the Services except for the limited license granted above; or (ii) to use or reference in any manner our names, logos, product and service names, trademarks or services marks or those of our licensors.
In order to use most aspects of the Services, you must be registered for and maintain an active personal user account ("Account"). You must be at least 21 years of age to obtain an Account. Account registration may require you to submit to us or to our administrative partners certain personal information, such as your name, address, mobile phone number, date of birth, and copy of your valid driver license, as well as at least one valid payment method (such as a credit card from an accepted payment partner). You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, may result in your inability to access and use the Services or our termination of this Agreement with you. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by us in writing, you may only possess one Account.
Billing & Payment.
When you make a reservation in our reservation system, KINTO or its administrative partner will authorize your payment card by placing a hold on the funds for an amount equal to the estimated price for use of the Services. KINTO accepts payment via credit or debit card. Prepaid cards are not accepted. Upon completion of your reservation, we will take payment for the actual services rendered, which may differ from the estimated price. You will receive an invoice and confirmation of your payment electronically via the KINTO mobile app. You are responsible for ensuring your ability to pay the actual amount due upon completion of your reservation.
Reservation billing starts at the earlier of scheduled or actual start time. Reservation billing ends at the later of i) when the vehicle is returned to its assigned location and the reservation is ended, ii) two hours before the scheduled end of the reservation, or iii) two hours after start time. A reservation that is made and never activated will be billed for the full reservation unless the Driver cancels it.
Application fees are non-refundable in all cases, regardless of the outcome of an applicant's background check.
Pricing for access to KINTO’s Services includes the costs of fuel, maintenance, and insurance. For plan details please see the KINTO website at kinto-us.com or offer to you. We reserve the right to amend rates, rate structures, terms and credits at any time.
Driving and Criminal Record Requirements.
We obtain a Motor Vehicle Report (MVR) and criminal background check for every applicant. In order to qualify for the Service, each applicant must have a motor vehicle history and criminal background that meets the following specifications:
Drivers must be at least 21 years old
Drivers must be able to legally drive in the state of use with an active in-state license
No more than two moving violations in the past three years (ex. accidents, traffic light violations)
No more than two cell phone or distracted driving violations in past three years
No more than one moving violation and one accident in the past three years
No more than two accidents in the past three years
No major moving violations in the past three years (ex. driving on a suspended license, reckless driving)
No DUI or other drug-related driving violations in the past seven years
No more than three total violations in the past three years
No criminal convictions in the last seven years for any of the following:
Theft or property damage offense
Other violations will be evaluated at our sole discretion
We reserve the right to conduct a review of all Drivers’ records to ensure compliance with the above rules. We reserve the right to revoke a Driver’s driving privileges at any time for any reason not limited to those listed above.
Driver must be authorized to provide services on an approved ride-sharing, ride-hailing, or delivery service. Approved on-demand services include Amazon Flex, Caviar, DoorDash, HopSkipDrive, Instacart, Lyft, Postmates, Grubhub/Seamless, Uber/UberEats, and Via. You must first receive written approval from us before operating on a service other than those listed in this paragraph.
Drivers must carry a valid driver’s license and insurance card during every trip. An individualized insurance card for each vehicle is provided to you upon sign-up, and these copies should be stored digitally in the case of a vehicle issue. Driving eligibility is conditional on your possession of a valid driver’s license. If your license is suspended, withdrawn, or expired, for any reason, your right to drive a vehicle expires immediately. You must immediately inform us of any suspension, withdrawal, or expiration of your driver’s license. Drivers must report any changes in contact information (e.g. addresses or phone numbers) to us immediately.
We require owners of vehicles on KINTO to provide liability insurance, which covers damages up to $300,000 to other vehicles, property and parties in the event of an at-fault accident. This insurance does not cover the cost of your own medical expenses in the event of an accident – to ensure you are covered in the event of this situation, please consult your personal medical policy and/or personal auto insurance policy.
We expect you to drive and treat the vehicles with the utmost care. We reserve the right to suspend your driving privileges and access to the vehicles if we determine, in our sole discretion, that you are not taking appropriate care when driving vehicles on the KINTO service or using other Company assets.
In instances where you are operating the vehicle illegally (suspended license, under the influence, etc.), in a manner not allowed by these Terms of Service, or with negligence, you will bear the full cost of damage to vehicles on the KINTO service as well as any damage to third parties not covered by the vehicle’s insurance policy.
If you are involved in an incident with a vehicle, a damage fee of up to $1,000 may apply. A damage fee may apply, but is not limited to, dents, scratches, collisions, flat tires, windshield cracks, dead batteries, engine problems, vandalism, theft, lost or damaged fuel cards or other Company or partner property, third party damages and, in some cases, third party personal injuries. In the event of a collision or other incident where additional investigation is required, we will charge the Driver $1,000 at the start of the investigation process. At that time, the Driver’s account will be temporarily disabled pending investigation. Once the investigation is complete, the Driver will be reinstated at our sole discretion. If the cost of repair is less than $1,000, the Driver will be refunded any remaining balance from the damage fee.
In cases of theft or loss, a Driver may be held responsible for the entire cost of recovery or replacement. Drivers are not responsible for normal wear and tear on the vehicle.
Before each reservation, we ask you to check the car inside and out and report any damage to us. This ensures that you will not be held responsible for damage that may have happened before your reservation.
Smoking is prohibited in all vehicles.
Due to allergies and sanitary concerns, pets with the exception of service animals are only allowed in locked pet carriers while in the vehicles.
Vehicles on the KINTO service may not be used:
By anyone who is not a valid Driver in good standing with us.
For purposes other than on-demand work with approved ride sharing, ride hailing, delivery or other partner transportation companies.
For any illegal purpose or in any illegal manner.
For the purpose of towing, pushing, or propelling any trailer or any other vehicle.
While the Driver is under the influence of any intoxicating substance.
In any race, test, or competition.
In a careless, reckless or negligent manner.
Farther than 70 miles from booking origin or outside the state of origin except by express consent of us.
If it has been obtained from us by fraud or misrepresentation.
Other than on paved roads.
When it has been loaded beyond its rated capacity or with more passengers than the vehicle has seat belts.
Unless a reservation has been made.
Checking Your Car Before Departure.
Before using an KINTO vehicle, you are required to check the vehicle for any mechanical or physical defects. If you notice damage, you must report it by emailing us at email@example.com before the start of your reservation. When reporting damage to us, please be sure to note the assigned vehicle number. If you forget to notify us and the next driver reports the damage, we may hold you financially responsible for the damage. You must also check to make sure that the following items are present in the vehicle and inform us if any of them are missing:
Insurance and registration
Emergency service information
Garage Pass (if applicable)
You may not drive if the insurance or registration are missing! (Please note: if a vehicle is newly acquired, its registration may be affixed to the windshield.)
Our operations partners regularly clean and maintain all of its vehicles. Drivers are expected to return a vehicle in the same condition they found it. Here are the main categories for which drivers are responsible:
Fuel: Drivers are responsible for fueling the car while in use. We provide cards for you to fuel. Absent a fuel card or corresponding charging location, you are expected to fuel the vehicle using your own funds and present the receipt for a full credit to your KINTO account. We will not provide cash or credit card reimbursements. Any fraudulent credit request will be grounds for dismissal from our Services and be grounds for us to take legal action against the fraudulent party.
Cleanliness: Drivers must maintain a clean vehicle during use and return the vehicle as clean as they found it.
Returning the vehicle.
You must properly return your vehicle to its assigned location by the end of your reservation period. Proper return means that:
The interior of the vehicle, including the rear where your passengers have been, is clean and you have taken all of your personal belongings.
Please ensure that the gasoline tank is at least ¼ full. If a Driver does not return a vehicle with this minimum fuel level, a fee will apply.
You have notified KINTO staff of any new damage to the vehicle.
The vehicle’s windows are rolled up tightly, all of the vehicle’s documentation is in the glove box, the fuel cards are in the driver’s visor organizer, the vehicle is entirely contained within its reserved parking spot and properly locked. If a vehicle or other Company or partner property are not properly secured, a fee will apply.
The vehicle’s reservation is terminated via the Driver’s mobile application. If the vehicle is not returned by the end of your shift and we have not received communication from you sufficiently explaining the situation, we will consider the vehicle stolen and may take action to recover the vehicle and any balance due.
Please perform all of the above steps even if another driver is waiting for the vehicle. It is your responsibility to ensure the safe return of the vehicle. You are not allowed to return the vehicle to a location other than its assigned location without permission of KINTO staff. If you fail to return the vehicle by your drop-off time as stated in your reservation, and you have not contacted us, we reserve the right to call or text your listed phone number. If you fail to return the vehicle to its assigned location, you may be charged for the total costs of recovering the vehicle, including but not limited to labor and towing costs. If you cannot be contacted, the vehicle may be reported to the police as missing and you will be charged all associated fees.
KINTO offers 24-hour emergency assistance for situations requiring immediate attention. Please contact us immediately in the following situations:
You show up for your reservation and the vehicle is not in its assigned location.
The vehicle won’t start.
You are unable to park the vehicle in the correct location.
You are running late and unable to extend your reservation because another driver has reserved the vehicle after you.
The vehicle is displaying a warning light or has a mechanical issue.
You need roadside assistance, such as a flat tire or dead battery.
For all other issues, please text the Driver Services line during normal business hours at 629-20-KINTO.
We receive itemized reports of the charges made to each fuel card. To protect all of our drivers from fraudulent use of the fuel cards, we monitor these reports for any unusual or unexpected charges, checking the fuel card reports with our utilization logs. Any fraudulent use of the Service will be grounds for dismissal and legal action.
Traffic and Parking Tickets.
If you get a traffic or parking ticket or toll violation while using an KINTO vehicle, it is your responsibility to notify us and pay it promptly. If we or our administrative partner receives a citation incurred during your driver session, we will charge you to recover the amount and assess a processing fee. If you intend to contest the ticket, you must respond to us within 7 days of your citation notification and continue to provide notification of contest status. We will charge you for the amount of the citation immediately and refund the charge only upon proof of successful contest.
Towing and Impoundment.
If a vehicle is towed during your driver session, contact KINTO immediately. You will be assessed any costs associated with returning the vehicle to its lot.
Maintenance and Emergency Repairs.
Drivers are required to heed any warning lights on the dashboard of the vehicle and contact KINTO immediately. Failure to acknowledge warning lights or noises from the vehicle may result in fees for negligence. 24-hour emergency roadside assistance is available for emergencies.
Breakdowns, Accidents, and Damage.
Any accident or damage in connection with the vehicle you are using must be immediately reported to KINTO and, if appropriate, to the police. You are obliged to secure evidence from any available witnesses, and to provide us with a written description of the accident and the damage incurred. After an accident you may only continue your trip with the explicit permission of KINTO staff. In case of a hit and run, you must obtain a police report. You agree to provide us and any other claims adjustment service with the findings of any report or any notice relating to a claim or a lawsuit against us or any of our partners regarding any accident involving a vehicle used in the KINTO Service. You agree to cooperate fully with us in the investigation and defense of any such claim or lawsuit. If for some reason the vehicle owner’s insurance policy does not apply (for example only, because you have driven while intoxicated) you may be liable for the entire cost of vehicle repair or replacement and claims made by third parties. You may be held responsible for any damage occurring to the vehicle or claims made against the Service’s parties for damages resulting from your use of the vehicle. You are responsible for any damage caused to any of KINTO’s in-vehicle systems or hardware resulting from use or tampering.
Fees and Penalties.
Fees may be applied to your account for the following reasons or any violations of these Terms:
Up to $1,000
Vehicle returned with less than ¼ tank of fuel
Returned vehicle late
$25/hr for any portion of an hour up to 3 hours
Cancellation later than 24 hours before reservation start
Lesser of 4 hours or full reservation fee
Full reservation fee
Return up to 2 hours early without charge; 2 hour minimum
Failure to properly secure the vehicle
Leaving vehicle dirty
Professional detailing required (eg. smoke)
$250 + suspension from Service
Citation processing fee
Vehicle abandoned or returned to the wrong location
$100 + all costs related to recovery
Missing parking pass, fuel card, phone holder
We reserve the right to terminate the license granted hereunder and your ability to use the Services at any time for any of the above violations, for any other violation of these Terms, or for any other reason, whether or not outlined in these Terms, in our sole and absolute discretion. We may also at any time without notice temporarily suspend an individual Driver’s permission to drive any or all vehicles available on the KINTO Service.
In addition to the fees and penalties above, we reserve the right to repossess a vehicle at any time, without notice, if we determines\ that it was used in violation of applicable law or these Terms.
See Discussion of Community Rules & Associated Fees for a description of fees you may incur from use of vehicles that impacts other users.
Discussion of Community Rules & Associated Fees / Credits.
Returning a vehicle late or blocking a vehicle that you are not using impacts your fellow members’ access to KINTO. In order to limit the impact of late returns, you should:
Attempt to extend your reservation to if you expect to be late.
Contact us to communicate a late return.
Reservations must be cancelled 24 hours in advance to avoid late fees
Please check the vehicle cleanliness, including the back seat, and do what you can to remove trash and leave the car better than you found it for the next Driver. If you anticipate a problem, please contact KINTO ahead of time. If the next driver provides photos that demonstrate a negligent condition, you will be charged a cleaning fee. Things to be tolerant of: remnants of sand, light smudges, etc.
If there are cleaning emergencies that make the vehicle unusable, please contact KINTO immediately and we can help you handle the situation. If significant cleaning by a professional is required, you may be assessed a cleaning fee. In cases that involve the actions of a rideshare passenger, you may qualify for reimbursement from your on-demand service provider.
Smoking in a vehicle is strictly prohibited. You are responsible to ensure that no one smokes in the vehicle while it is in your possession. If you return a vehicle that smells like smoke, you will be assessed a fee. Smoking could result in termination of the license granted hereunder and your loss of access to our Services.
Liens and Impoundment.
If the vehicle is towed and/or impounded during your reservation, you are responsible for recovering the vehicle and you agree to pay any costs arising from the vehicle being towed and impounded, as well as any late or loss-of-use fees that are incurred. If KINTO is involved in recovering a towed or impounded vehicle, we will assess a fee in addition to any costs associated with vehicle recovery.
Your permission to drive on the KINTO service is automatically suspended if you are charged with driving recklessly or without due care or any related vehicular offense, including:
Operating a motor vehicle while impaired
Operating a motor vehicle dangerously
Failure to stop at the scene of an accident
Additionally, your permission to drive on the KINTO service will be suspended if we are unable to collect payment for any reason.
Termination by User. You may terminate this Agreement at any time, for any reason or for no reason, by notifying us via email at firstname.lastname@example.org that you are terminating your Services account. In such notice, you may also request that we delete from our servers all of the Credentials Information. Such requests will be honored within a reasonable time period after they have been received provided that you give us all reasonably necessary information and cooperation. Data (except Credential Information) collected prior to the effectiveness of the termination will continue to be stored in our backup systems and may be used by us indefinitely.
Indemnification and Hold Harmless.
You agree to indemnify and hold us and our parent and affiliates and their respective directors, officers, employees, agents, successors and assigns, harmless from all losses, liabilities, and expenses whatsoever (including without limitation reasonable attorneys’ fees) incurred by us arising out of or relating to the vehicle or your use of the vehicle during your reservation, including claims of or liabilities to third parties.
Limitation of Liability.
IN NO EVENT WILL THE COMPANY BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS) ARISING FROM OR RELATED TO THESE TERMS, THE SERVICES, OR YOUR USE OF ANY VEHICLE.
We are not responsible for any loss or damage to any personal property in or around any vehicle or the premises where KINTO operates.
Disclaimer of Warranties.
Except as prohibited under applicable law, we HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
Choice of Law.
To the extent permitted by applicable state law, these Terms shall be governed by and construed under the laws of the State of California without reference to its conflicts of laws provisions.
You and us agree that any dispute arising out of or related to the Services or these Terms (including without limitation any dispute regarding arbitrability) will be resolved exclusively through final and binding arbitration (an “Arbitration”) and not in court, provided that either party may assert claims in small claims court in Los Angeles County California, provided that all of such party’s claims in the aggregate qualify to be heard in such small claims court. The Federal Arbitration Act governs this Agreement.
THERE IS NO JUDGE OR JURY IN ARBITRATION. BY USING THE SERVICES AND AGREEING TO THESE TERMS, YOU ARE GIVING UP YOUR RIGHT TO HAVE ANY DISPUTE DECIDED IN A COURT OF LAW BEFORE A JUDGE OR JURY. Further, court review of any arbitration award is limited.
Any Arbitration will be resolved before one neutral arbitrator working for ADR Services, Inc. (“ADR”), and any Arbitration will be held in Los Angeles County, California. To begin an Arbitration proceeding, you must do so in accordance with ADR’s arbitration rules then in effect, which will govern all aspects of the Arbitration, including payment of fees.
Notwithstanding anything herein to the contrary, the prevailing party, as determined by the arbitrator, shall be entitled to recover his, her, or its reasonable attorneys’ fees and costs and expenses incurred in connection with the Arbitration.
YOU AGREE THAT ANY ARBITRATION WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS. IN NO EVENT MAY ANY ARBITRATION BE BROUGHT ON BEHALF OF A CLASS OR IN ANY OTHER CONSOLIDATED OR REPRESENTATIVE ACTION. THE ARBITRATOR MAY ONLY RELIEF IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF TO REMEDY THAT PARTY’S INDIVIDUAL CLAIM(S).
Costs of Collection.
If you do not timely make any payment owed to us, you agree to pay for our reasonable costs incurred in seeking to collect such payments, including, without limitation, court costs and reasonable attorneys’ fees.
We may amend these Terms at any time. We will give notice of any such amendment, and you will have an opportunity to cease using the Services if you do not agree to the amended Terms. Your continued use of the Services constitutes your acceptance of these Terms. The prevailing version of these Terms will be found at kinto-us.com/terms.
Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision in that or any other instance.
If any single part of these Terms is found to be invalid, illegal, or unenforceable, it shall not affect the validity of the rest of the Terms.
DRIVER PRIVACY STATEMENT
We collect information about you when you use our vehicles, mobile applications, websites, and other online products and services (collectively, the “Services”) and through other interactions and communications you have with us.
SCOPE AND APPLICATION.
This Driver Privacy Statement (“Statement”) applies to drivers, couriers, partner transportation companies, and any other persons that use KINTO’s vehicles or platform under license (collectively “Drivers,” or individually “you”).
COLLECTION OF INFORMATION.
We may collect personal data from you during the course of your application for, and use of, the KINTO Services, including but not limited to location, video, and audio data. Your personal data and information may be stored, processed, and/or accessed by us, as well as our service providers, for business purposes, including, without limitation, for service development and improvement, analytics, industry and market research, marketing, lead generation, dispute resolution, and such other purposes consistent with our and our affiliates’ legitimate business needs. By submitting information to us during the application process and/or by using the Services, you consent to such collection and use of personal data. If you wish to opt out of this consent, please contact KINTO at email@example.com to discontinue your membership. You may not disable or tamper with any data collection systems or devices, either in the vehicle or in software.
DISCLOSURE OF DRIVER INFORMATION TO THIRD PARTIES.
Subject to all applicable laws, we may provide to a third party any information (including your personal data and any data of ours) about you provided in connection with your application for or use of the Services if: (a) there is a complaint, dispute or conflict, including an accident, relating to a Driver; (b) it is necessary to enforce the terms of any agreement between you and us; (c) it is required, in our sole discretion, by applicable law, regulation, ordinance, license, or operating agreement; (d) it is necessary, in our sole discretion, to protect the safety, rights, property, or security of us, the Services, or any third party; to detect, prevent or otherwise address fraud, security or technical issues; and/or to prevent or stop activity which we, in our sole discretion, consider to be, or to pose a risk of being, illegal, unethical, or legally actionable.
THIRD PARTY CREDENTIALS.
In order for us to provide the Services (outlined in our Terms of Service) to you, we may ask that you (i) provide us with log-in credentials to one or more sharing economy services (each a “Provider”) accounts so that we can access and use your Provider account information as described in this Policy. In order for us to provide the Services (outlined in our Terms of Service) to you, you may choose to voluntarily provide us with log-in credentials to one or more sharing economy services (each a “Provider”) accounts. If you provide us with log-in credentials to access any of your Provider accounts, you agree that we can use such log-in credentials to access your Provider account and to use your Provider account information as described in this Policy. Such credentials will be encrypted and stored in secure servers, but may be subject to unauthorized access and use despite our use of reasonable security measures as no security measures are 100% effective.
How we use this data:
To provide you with the Services, we will use the login credentials you provide us to review the information available through your Provider accounts relating to activities and transactions with that Provider. By way of example only, this information may include the number of miles driven over a given time, the amount of payments received from the Provider per task, or the number of times you worked with that Provider over a given period. We may use this information to come up with meaningful analysis of this data, such as the average amount of money earned per trip for the Provider or which times engaging for the Provider gives you the most payment, all in order to provide Services as outlined in our Terms of Service, to generally improve upon KINTO’s services, or, solely on an aggregate basis with other users’ data, for sale or license to third parties of data analytics relating to activities with respect to users of Provider accounts. Upon any termination of the Services, your data will be deleted or retained as described in Section “Data Policies” in the Terms of Service.
LOCATION-BASED SERVICES CONSENT.
You hereby expressly consent to our use of location-based services (including without limitation GPS systems) and expressly waive and release us from any and all liability, claims, causes of action or damages arising from your use of the KINTO Services, or in any way relating to the use of the precise location and other location-based services. You understand and agree that we may use location-based services, to the extent permitted by applicable law, to track, locate, or disable your vehicle.