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Terms of Use

Last updated: April 14, 2026

Welcome to Auzo. Please read on to learn the rules and restrictions that govern your use of our website(s), products, services and applications (the “Services”). If you have any questions, comments, or concerns regarding these terms or the Services, please contact us at:

Email:  [email protected]

Address: 1400 Newport Center Dr #230, Newport Beach, California 92660

These Terms of Use (the “Terms”) are a binding contract between you and Auzo INC. (“Auzo,” “we” and “us”). Your use of the Services in any way means that you agree to all of these Terms, and these Terms will remain in effect while you use the Services. These Terms include the provisions in this document as well as those in the Privacy Policy. Your use of or participation in certain Services may also be subject to additional policies, rules and/or conditions (“Additional Terms”), which are incorporated herein by reference, and you understand and agree that by using or participating in any such Services, you agree to also comply with these Additional Terms.

Please read these Terms carefully. They cover important information about Services provided to you and any charges, taxes, and fees we bill you. These Terms include information about future changes to these Terms, limitations of liability, a class action waiver and resolution of disputes by arbitration instead of in court. PLEASE NOTE THAT YOUR USE OF AND ACCESS TO OUR SERVICES ARE SUBJECT TO THE FOLLOWING TERMS; IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS THE SERVICES IN ANY MANNER.

ARBITRATION NOTICE AND CLASS ACTION WAIVER: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION AGREEMENT SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

Will these Terms ever change?

We are constantly trying to improve our Services, so these Terms may need to change along with our Services. We reserve the right to change the Terms at any time, but if we do, we will place a notice on our site located at https://auzo.com/, send you an email, and/or notify you by some other means.

If you don’t agree with the new Terms, you are free to reject them; unfortunately, that means you will no longer be able to use the Services. If you use the Services in any way after a change to the Terms is effective, that means you agree to all of the changes.

Except for changes by us as described here, no other amendment or modification of these Terms will be effective unless in writing and signed by both you and us.

What about my privacy?

Auzo takes the privacy of its users very seriously. For the current Auzo Privacy Policy, please click here.

What are the basics of using Auzo?

You may be required to sign up for an account by linking your phone number with the Services (“Auzo User Account”), and provide us with certain information or data, such as your contact information. You promise to provide us with accurate, complete, and updated registration information about yourself. You may not transfer your account to anyone else without our prior written permission.

You represent and warrant that you are an individual at least 18 years of age, or of legal age to form a binding contract in your jurisdiction (if different than 18 years of age). We do not knowingly collect or solicit personally identifiable information from children under 13 years of age. If you’re agreeing to these Terms on behalf of an organization or entity, you represent and warrant that you are authorized to agree to these Terms on that organization’s or entity’s behalf and bind them to these Terms (in which case, the references to “you” and “your” in these Terms, except for in this sentence, refer to that organization or entity).

You will only use the Services in a manner that complies with all laws that apply to you, your use of the Services, and your actions and omissions that relate to the Services (for example, Drivers (as defined below) must comply with all laws that relate to Trips (as defined below)). If your use of the Services is prohibited by applicable laws, then you aren’t authorized to use the Services. You acknowledge and agree that you are fully responsible for using the Services in a way that breaks the law.

You will not share your Auzo User Account with anyone, and you must protect the security of your Auzo User Account and any other access tools or credentials. You’re responsible for any activity associated with your Auzo User Account.

Connecting Drivers and Users

Auzo connects those providing services (“Drivers”) and those looking to acquire their services (“Users”). When we use the word “you” in these Terms, it refers to any User.

Auzo uses reasonable efforts to vet each potential Driver, including checking each Driver’s background, experience, and relevant certifications, before recommending a certain Driver to Users. Auzo is only responsible for connecting Drivers and Users, and you acknowledge and agree that Auzo is not responsible for making sure that the on-demand vehicle transportation, pickup, drop-off, and related services provider by Drivers (“Vehicle Movement Services”) are actually provided or are up to a certain standard of quality. You further acknowledge and agree that Auzo is not responsible for ensuring that information (including credentials) a User or Driver provides about himself or herself is accurate or up-to-date. We don’t control the actions of any User or Driver, and Drivers aren’t our employees.

Auzo does not offer Trips and does not employ individuals to perform such Trips. You hereby acknowledge that Auzo does not supervise, direct, control or monitor the Trips provided by Drivers and expressly disclaims any responsibility and liability for such Trips, including but not limited to any warranty or condition of good and workmanlike services, warranty or condition of quality or fitness for a particular purpose, or compliance with any law, regulation, or code.

What about messaging?

As part of the Services, you may receive communications through the Services, including messages that Auzo sends you (for example, via email or SMS). When signing up for the Services, you will receive a welcome message and instructions on how to stop receiving messages. By signing up for the Services and providing us with your wireless number, you confirm that you are electing to receive information from Auzo that we think may be of interest to you, which may include Auzo using automated dialing technology to text you at the wireless number you provided, and you agree to receive communications from Auzo.

Are there restrictions in how I can use the Services?

You represent, warrant, and agree that you will not provide or contribute anything, including any Content or User Submission (as those terms are defined below), to the Services, or otherwise use or interact with the Services, in a manner that:

  1. infringes or violates the intellectual property rights or any other rights of anyone else (including Auzo);
  2. violates any law or regulation, including, without limitation, any applicable export control laws, privacy laws or any other purpose not reasonably intended by Auzo;
  3. is dangerous, harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;
  4. jeopardizes the security of your Auzo User Account or anyone else’s (such as allowing someone else to log in to the Services as you);
  5. attempts, in any manner, to obtain the password, account, or other security information from any other user;
  6. violates the security of any computer network, or cracks any passwords or security encryption codes;
  7. runs Maillist, Listserv, any form of auto-responder or “spam” on the Services, or any processes that run or are activated while you are not logged into the Services, or that otherwise interfere with the proper working of the Services (including by placing an unreasonable load on the Services’ infrastructure);
  8. “crawls,” “scrapes,” or “spiders” any page, data, or portion of or relating to the Services or Content (through use of manual or automated means);
  9. copies or stores any significant portion of the Content; or
  10. decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Services.

A violation of any of the foregoing is grounds for termination of your right to use or access the Services.

Are there any terms specific to me as a User?

User covenants and agrees:

  • To allow Drivers to drive the User’s vehicle for the purpose of carrying out the Vehicle Movement Services;
  • That the User is the rightful owner or lessee, as applicable, of the User’s vehicle;
  • That the User’s vehicle’s registration and insurance are current, a copy of the registration and insurance certificate will be in the vehicle, and the User’s vehicle is covered by a fully comprehensive insurance policy under which the Drivers are covered;
  • That the User’s vehicle is maintained in good working condition and in compliance with applicable laws and has no defects or conditions that may cause the User’s vehicle to be unfit or unsafe to drive;
  • That the User’s vehicle will have sufficient fuel to reach the designated drop-off location;
  • That the User carries automobile insurance providing property damage, collision and comprehensive coverage, that there are no driver restrictions in User’s insurance policies and that such policies are in full force and effect at the time that the Driver is providing Vehicle Movement Services to User; and
  • That no driver restrictions exist under User’s insurance policy that would prevent a licensed third-party driver from operating the User’s vehicle.

A “Trip” means a Vehicle Movement Service arranged through the Auzo platform, beginning when a Driver accepts a service request and ending when the Driver completes delivery of the User’s vehicle to the designated destination. 

An “Active Auzo Trip” consists of two phases: (a) the period during which the Driver is traveling to the pickup location in the Driver’s own vehicle after accepting a trip request, and (b) the Custody Period. For the avoidance of doubt, an Active Auzo Trip does not include any time after delivery of the User’s vehicle is completed. 

The “Custody Period” begins when the Driver takes physical possession of the User’s vehicle (for example, when the Driver receives the keys and assumes physical control of the vehicle) and ends when the Driver delivers the vehicle to its destination and completes the handoff, including ordinary parking and handoff steps.

Auzo maintains commercial insurance applicable during Active Auzo Trips. Auzo’s physical damage coverage applies to the User’s vehicle during the Custody Period only, subject to the terms, conditions, and limits of the applicable insurance policy. Damage occurring outside the Custody Period is not covered under Auzo’s insurance.

You are free to source vehicle movement, transportation, or other services from other platforms, companies, or providers at any time. However, you may not encourage or enter into separate agreements with Drivers for Vehicle Movement Services outside the Services. Any such off-platform arrangements are prohibited and may result in immediate termination of your right to use or access the Services.

For more information on insurance coverage claims, including the list of insurance policy coverage exclusions and the process for handling a claim for potential new damage occurring during an Active Auzo Trip, please click here.

When the User’s vehicle is delivered to the designated destination recipient by the Driver and the Trip is marked complete in Auzo, custody and responsibility transfer to the destination recipient. Auzo’s photo/timestamp records are the official evidence of such handoff. Any loss or damage after the documented drop-off time is the sole responsibility of the destination recipient or the User’s vehicle insurer.

If Auzo or its insurer pays any claim related to your use of the Services, Auzo and its insurer may pursue recovery from any responsible third parties to the extent permitted by law. You agree to reasonably cooperate with any such recovery efforts, including providing relevant information and documents, and you will not take any action (such as releasing responsible parties) that would impair Auzo’s or its insurer’s recovery rights.

User will not permit an unauthorized third party to accompany the Driver in User’s vehicle while using the Services or use the Services to transport or conceal illegal, hazardous, or stolen goods. Before User’s vehicle is picked up by Driver, User must inspect all vehicle compartments (for example, the glove box, center console, door pockets, under seats, trunk and cargo areas) and remove all weapons, medications, and valuables, including, but not limited to, firearms, ammunition, knives, pepper spray, explosives, prescription or over-the-counter medications, cash, jewelry, electronics, documents, and other high-value or sensitive items. Drivers may refuse or cancel a Trip if they reasonably suspect an unsafe vehicle condition, unlawful or prohibited items, or any circumstance rendering the Trip unsafe or illegal. User acknowledges that Auzo and Drivers are not liable for loss, theft, misplacement, or damage to items left in the User’s vehicle.

User acknowledges that Auzo may cancel or reschedule a Trip for safety, operational, or Driver availability reasons. User may incur cancellation fees if Auzo cancels a Trip as a result of an unsafe vehicle condition, prohibited or unlawful items inside User’s vehicle, or any circumstance rendering the Trip otherwise unsafe or illegal. 

You are subject to the following terms governing User cancellations: (i) if User cancels the Trip before Driver acceptance, then such cancellation is free to User; (ii) if User cancels the Trip after Driver acceptance, then User may incur a cancellation fee (as displayed at booking); (iii) if User (or a User-authorized person) is not present at pickup or User does not otherwise provide vehicle keys to Driver within ten (10) minutes beyond the scheduled time of pickup, then User is deemed to have cancelled and may incur a cancellation fee (as displayed at booking); and (iv) if User requires rescheduling and provide reasonable notice (for example, more than two (2) hours before pickup), User will not incur a cancellation fee. Late rescheduling may be deemed a cancellation and User may incur a cancellation fee (as displayed at booking). Refunds, if applicable, will be processed in accordance with Auzo’s Refund Policy.

What are my rights in the Services?

The materials displayed or performed or available on or through the Services, including, but not limited to, text, graphics, data, articles, photos, images, illustrations, User Submissions (as defined below) and so forth (all of the foregoing, the “Content”) are protected by copyright and/or other intellectual property laws. You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through the Services, and you won’t use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell, commercialize or otherwise exploit for any purpose any Content not owned by you, (i) without the prior consent of the owner of that Content or (ii) in a way that violates someone else’s (including Auzo’s) rights.

Subject to these Terms, we grant each user of the Services a worldwide, non-exclusive, non-sublicensable and non-transferable license to use (i.e., to download and display locally) Content solely for purposes of using the Services. Use, reproduction, modification, distribution or storage of any Content for any purpose other than using the Services is expressly prohibited without prior written permission from us. You understand that Auzo owns the Services. You won’t modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section), create derivative works based on, or otherwise exploit any of the Services. The Services may allow you to copy or download certain Content, but please remember that even where these functionalities exist, all the restrictions in this section still apply.

What about anything I contribute to the Services – do I have to grant any licenses to Auzo or to other users?

User Submissions

Anything you post, upload, share, store, or otherwise provide through the Services is your “User Submission”. Some User Submissions may be viewable by other users. You are solely responsible for all User Submissions you contribute to the Services. You represent that all User Submissions submitted by you are accurate, complete, up-to-date, and in compliance with all applicable laws, rules and regulations.

You agree that you will not post, upload, share, store, or otherwise provide through the Services any User Submissions that: (i) infringe any third party’s copyrights or other rights (e.g., trademark, privacy rights, etc.); or (ii) that violate any law.

Who is responsible for what I see and do on the Services?

The Services may contain links or connections to third-party websites or services that are not owned or controlled by Auzo. When you access third-party websites or use third-party services, you accept that there are risks in doing so, and that Auzo is not responsible for such risks.

Auzo has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third-party websites or by any third party that you interact with through the Services. In addition, Auzo will not and cannot monitor, verify, censor or edit the content of any third-party site or service. We encourage you to be aware when you leave the Services and to read the terms and conditions and privacy policy of each third-party website or service that you visit or utilize. By using the Services, you release and hold us harmless from any and all liability arising from your use of any third-party website or service. If there is a dispute between participants on this site or Services, or between users and any third party, you agree that Auzo is under no obligation to become involved.

Will Auzo ever change the Services?

We’re always trying to improve our Services, so they may change over time. We may suspend or discontinue any part of the Services, or we may introduce new features or impose limits on certain features or restrict access to parts or all of the Services. We reserve the right to remove any Content from the Services at any time, for any reason (including, but not limited to, if someone alleges you contributed that Content in violation of these Terms), in our sole discretion, and without notice.

Do the Services cost anything?

Auzo will charge a fee for reserving a Trip via the Services. Note that if you elect to receive text messages through the Services, data and message rates may apply. Any and all such charges, fees or costs are your sole responsibility. You should consult with your wireless carrier to determine what rates, charges, fees or costs may apply to your use of the Services.

  1. Payments. When you reserve a Trip from a Driver via the Services, payment amounts for the Trip will be presented as estimates. This estimate is not guaranteed. You acknowledge and agree that the actual cost of a Trip may be based on a number of factors, including distance, traffic, time required to complete the Trip, and tolls. You further acknowledge and agree that the final price of any Trip you order through the Services may differ from the initial estimate provided to you and you agree to pay any final price, regardless of the initial estimate. Please note that any payment terms presented to you in the process of reserving a Trip are deemed part of these Terms.
  2. Billing. We use a third-party payment processor (the “Payment Processor”) to bill you through a payment account linked to your account on the Services (your “Billing Account”) for requesting a Trip. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to these Terms. Currently, we use Stripe, Inc. as our Payment Processor. You can access Stripe’s Terms of Service at https://stripe.com/us/checkout/legal and their Privacy Policy at https://stripe.com/us/privacy. We are not responsible for any error by, or other acts or omissions of, the Payment Processor. By choosing to request a Trip, you agree to pay us, through the Payment Processor, all charges at the prices then in effect for such Trip in accordance with the applicable payment terms, and you authorize us, through the Payment Processor, to charge your chosen payment provider (your “Payment Method”). You agree to make payment using that selected Payment Method. We reserve the right to correct any errors or mistakes that the Payment Processor makes even if it has already requested or received payment.
  3. Payment Method. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method. If we, through the Payment Processor, do not receive payment from you, you agree to pay all amounts due on your Billing Account upon demand.
  4. Current Information Required. YOU MUST PROVIDE CURRENT, COMPLETE AND ACCURATE INFORMATION FOR YOUR BILLING ACCOUNT. YOU MUST PROMPTLY UPDATE ALL INFORMATION TO KEEP YOUR BILLING ACCOUNT CURRENT, COMPLETE AND ACCURATE (SUCH AS A CHANGE IN BILLING ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE), AND YOU MUST PROMPTLY NOTIFY US OR OUR PAYMENT PROCESSOR IF YOUR PAYMENT METHOD IS CANCELED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR ACCOUNT INFORMATION. CHANGES TO SUCH INFORMATION CAN BE MADE AT ACCOUNT SETTINGS IN THE AUZO APP. IF YOU FAIL TO PROVIDE ANY OF THE FOREGOING INFORMATION, YOU AGREE THAT WE MAY CONTINUE CHARGING YOU FOR ANY TRIPS UNDER YOUR BILLING ACCOUNT UNLESS YOU HAVE TERMINATED SUCH TRIPS AS SET FORTH ABOVE.
  5. Change in Amount Authorized. If the amount to be charged to your Billing Account varies from the amount you preauthorized (other than due to the imposition or change in the amount of state sales taxes), you have the right to receive, and we shall provide, notice of the amount to be charged and the date of the charge before the scheduled date of the transaction. Any agreement you have with your payment provider will govern your use of your Payment Method. You agree that we may accumulate charges incurred and submit them as one or more aggregate charges during or at the end of each billing cycle.

What if I want to stop using the Services?

You’re free to do that at any time by contacting us at [email protected]; please refer to our Privacy Policy, as well as the licenses above, to understand how we treat information you provide to us after you have stopped using our Services.

Auzo is also free to terminate (or suspend access to) your use of the Services or your account for any reason in our discretion, including your breach of these Terms. Auzo has the sole right to decide whether you are in violation of any of the restrictions set forth in the applicable Terms; for example, a User who believes that a Driver may be in breach of these Terms is not able to enforce these Terms against that Driver.

If you have deleted your account by mistake, contact us immediately at [email protected] – we will try to help, but unfortunately, we can’t promise that we can recover or restore anything.

Provisions that, by their nature, should survive termination of these Terms shall survive termination. By way of example, all of the following will survive termination: any obligation you have to pay us or indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding disputes between us, including without limitation the arbitration agreement.

What about Mobile Applications?

You acknowledge and agree that the availability of our mobile application is dependent on the third-party stores from which you download the application, e.g., the App Store from Apple or the Android app market from Google (each an “App Store”). Each App Store may have its own terms and conditions to which you must agree before downloading mobile applications from such store, including the specific terms relating to Apple App Store set forth below. You agree to comply with, and your license to use our application is conditioned upon your compliance with, such App Store terms and conditions. To the extent such other terms and conditions from such App Store are less restrictive than, or otherwise conflict with, the terms and conditions of these Terms of Use, the more restrictive or conflicting terms and conditions in these Terms of Use apply.

I use the Auzo App available via the Apple App Store – should I know anything about that?

These Terms apply to your use of all the Services, including our iOS applications (the “Application”) available via the Apple, Inc. (“Apple”) App Store, but the following additional terms also apply to the Application:

  1. Both you and Auzo acknowledge that the Terms are concluded between you and Auzo only, and not with Apple, and that Apple is not responsible for the Application or the Content;
  2. The Application is licensed to you on a limited, non-exclusive, non-transferrable, non-sublicensable basis, solely to be used in connection with the Services for your private, personal, non-commercial use, subject to all the terms and conditions of these Terms as they are applicable to the Services;
  3. You will only use the Application in connection with an Apple device that you own or control;
  4. You acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application;
  5. In the event of any failure of the Application to conform to any applicable warranty, including those implied by law, you may notify Apple of such failure; upon notification, Apple’s sole warranty obligation to you will be to refund to you the purchase price, if any, of the Application;
  6. You acknowledge and agree that Auzo, and not Apple, is responsible for addressing any claims you or any third party may have in relation to the Application;
  7. You acknowledge and agree that, in the event of any third-party claim that the Application or your possession and use of the Application infringes that third party’s intellectual property rights, Auzo, and not Apple, will be responsible for the investigation, defense, settlement and discharge of any such infringement claim;
  8.  You represent and warrant that you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties;
  9. Both you and Auzo acknowledge and agree that, in your use of the Application, you will comply with any applicable third-party terms of agreement which may affect or be affected by such use; and
  10. Both you and Auzo acknowledge and agree that Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms, and that upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as the third-party beneficiary hereof.

What else do I need to know?

Warranty Disclaimer. Auzo and its licensors, suppliers, partners, parent, subsidiaries or affiliated entities, and each of their respective officers, directors, members, employees, consultants, contract employees, representatives and agents, and each of their respective successors and assigns (Auzo and all such parties together, the “Auzo Parties”) make no representations or warranties concerning the Services, and the Auzo Parties will not be responsible or liable for any claims, actions, suits procedures, costs, expenses, damages or liabilities arising out of use of, or in any way related to your participation in, the Services. The Auzo Parties make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through or in connection with the Services. THE SERVICES AND CONTENT ARE PROVIDED BY AUZO (AND ITS LICENSORS AND SUPPLIERS) ON AN “AS-IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Limitation of Liability. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL ANY OF THE Auzo PARTIES BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, DAMAGE TO PROPERTY, LOSS OF USE, OR COMPUTER FAILURE OR MALFUNCTION, (B) ANY SUBSTITUTE VEHICLES, GOODS, SERVICES OR TECHNOLOGY, (C) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF THE (I) AMOUNT COVERED UNDER APPLICABLE AUTO INSURANCE AS SET FORTH ABOVE OR (II) AMOUNTS PAID AND/OR PAYABLE BY YOU TO AUZO IN CONNECTION WITH THE TRIP GIVING RISE TO THIS APPLICABLE CLAIM OR (D) ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL OR CERTAIN OTHER DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.

Indemnity. You agree to indemnify and hold the Auzo Parties harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any claims relating to (a) your use of the Services (including any actions taken by a third party using your account), and (b) your violation of these Terms.

Assignment. You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your Services account, in any way (by operation of law or otherwise) without Auzo’s prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.

Choice of Law. These Terms are governed by and will be construed under the Federal Arbitration Act, applicable federal law, and the laws of the State of California, without regard to the conflicts of laws provisions thereof.

Arbitration Agreement. Please read the following ARBITRATION AGREEMENT carefully because it requires you to arbitrate certain disputes and claims with Auzo and limits the manner in which you can seek relief from Auzo. Both you and Auzo acknowledge and agree that for the purposes of any dispute arising out of or relating to the subject matter of these Terms, Auzo’s officers, directors, employees and independent contractors (“Personnel”) are third-party beneficiaries of these Terms, and that upon your acceptance of these Terms, Personnel will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as the third-party beneficiary hereof.

YOU AND AUZO AGREE THAT ANY DISPUTE (DEFINED BELOW) SHALL BE RESOLVED BY FINAL AND BINDING INDIVIDUAL ARBITRATION EXCEPT AS OTHERWISE PROVIDED HEREIN. NOTWITHSTANDING THE FOREGOING, EITHER PARTY MAY ELECT TO HAVE INDIVIDUAL CLAIMS HEARD IN SMALL CLAIMS COURT IF THOSE CLAIMS QUALIFY FOR SMALL CLAIMS COURT AND SO LONG AS THE MATTER REMAINS IN SUCH COURT AND IS NOT REMOVED OR APPEALED TO A COURT OF GENERAL JURISDICTION AND ADVANCES ONLY ON AN INDIVIDUAL (NON-CLASS ACTION) BASIS.  ANY DISPUTE OVER WHETHER CLAIMS QUALIFY FOR SMALL CLAIMS COURT IS FOR THE SMALL CLAIMS COURT TO DECIDE IN THE FIRST INSTANCE AND, IF NECESSARY, FOR A COURT OF COMPETENT JURISDICTION TO DECIDE.

You and Auzo agree that these Terms of Use affect interstate commerce and that the Federal Arbitration Act, 9 U.S.C. § 1 et seq., and federal arbitration law apply to this Arbitration Agreement and govern all questions as to whether a Dispute is subject to arbitration.

For purposes of this Section, “Dispute” shall include, but is not limited to, any claims or controversies between you and Auzo that are related in any way to these Terms of Use, including, but not limited to, your use of Auzo’s application, Auzo’s services, Auzo’s website, sales, returns, refunds, cancellations, defects, policies, privacy, advertising, and/or any communications between you and Auzo, whether occurring on Auzo’s application, website, or otherwise, even if the Dispute arises after the termination of your relationship with Auzo. “Dispute” also includes, without limitation, claims that: (a) you bring against Auzo; (b) Auzo brings against you; (c) in any way relate to or arise out of any aspect of the relationship between you and Auzo, whether based in contract, tort, statute, fraud, misrepresentation, advertising claims, or any other legal theory; (d) arose before you entered into these Terms of Use or out of a prior agreement with Auzo (including, without limitation, claims relating to advertising); (e) are subject to ongoing litigation where you are not a party or a member of a certified class; and/or (f) arise after the termination of these Terms of Use. “Dispute,” however, does not include disagreements or claims concerning patents, copyrights, trademarks, and trade secrets and claims of piracy or unauthorized use of intellectual property or claims for personal bodily injury, which shall not be subject to arbitration or the notice and informal process described below. The arbitrator shall decide all issues except for: (a) those that are specifically reserved for a court herein; (b) those issues relating to the scope, validity, and enforceability of the Arbitration Agreement or any of the provisions of this Section; (c) any issues arising from or relating to the arbitrability of any Dispute and/or the forum in which a dispute should be arbitrated; and (d) whether the arbitration administrator cannot or will not administer the arbitration in accordance with this Arbitration Agreement—all of which are for a court of competent jurisdiction to decide. These Terms of Use and this Arbitration Agreement do not prevent you from bringing your Dispute to the attention of any federal, state, or local government agency.

  1. Arbitration Rules and Procedures; Individualized Relief; Fees. Any arbitration conducted pursuant to this Arbitration Agreement shall be administered by the American Arbitration Association (the “AAA”) pursuant to its Consumer Arbitration Rules, and, if applicable, its Mass Arbitration Supplementary Rules, that are in effect at the time the arbitration is initiated (the “AAA Rules”), as modified by the terms set forth in this Agreement.  Copies of the AAA rules can be obtained at the AAA’s website (www.adr.org). Notwithstanding the foregoing, if requested by you and if proper based on the facts and circumstances of the claims presented, the arbitrator shall have the discretion to select a different set of AAA Rules, but in no event, unless you and Auzo agree otherwise, shall the arbitrator consolidate more than one person’s claims, or otherwise preside over any form of representative, collective, or class proceeding.  The parties may select a different arbitration administrator, forum, and/or third party neutral upon mutual written agreement.

    To commence an arbitration proceeding, you must send an arbitration demand to the AAA and serve a courtesy copy on Auzo’s Registered Agent/Legal Department, located at: 1400 Newport Center Dr #230, Newport Beach, California 92660, or we must send an arbitration demand to AAA and serve a courtesy copy on you at the most current address we have on file.  The courtesy copy must be accompanied by a certification of completion of the informal dispute resolution process and a copy of the notice. 

    Any complaint or arbitration demand must be accompanied by a certification personally signed by you or your attorney, if you are represented by legal counsel (if you are initiating arbitration) or by an Auzo representative or our attorney, if we are represented by legal counsel (if we are initiating arbitration).  By filing a complaint or arbitration demand, the party and its attorney initiating the arbitration represent that to the best of their information, knowledge, and belief, formed after a reasonable inquiry that: (a) the arbitration demand is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of dispute resolution; (b) the claims or other legal contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law; and (c) the factual contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after reasonable opportunity for further investigation or discovery.  The arbitrator is expressly authorized to impose any sanctions available under Federal Rule of Civil Procedure 11 on represented parties and their counsel if the arbitrator determines that a frivolous and/or improper claim was initiated by parties and/or their counsel.

    Payment of all arbitration fees will be governed by the AAA Rules as modified by this Arbitration Agreement, unless the parties mutually agree to a different arbitration provider.  Auzo will consider a request to reimburse the consumer filing fee upon a demonstration of financial hardship. You and we agree that the parties have a shared interest in reducing the fees and costs and increasing the efficiencies associated with arbitration.  Therefore, you or we may elect to engage with the AAA regarding fees, and you and we agree that the parties (and your and our counsel, if you and we are represented) will work together in good faith to ensure that arbitration remains cost-effective for all parties. The arbitration will be conducted by a single arbitrator who will apply these Terms of Use as a court would and will adjudicate any Dispute according to applicable law and facts based upon the record only. 

    Although under some laws Auzo may have a right to an award of attorneys’ fees and non-filing fee expenses if it prevails in an arbitration, Auzo agrees that it will not seek such an award unless you are represented by an attorney or the arbitrator has determined that you or your counsel have violated the standards of Federal Rule of Civil Procedure 11, which the parties agree shall be applicable in arbitration. The cost-shifting provisions of Federal Rule of Civil Procedure 68 shall also apply and be enforced by the arbitrator after entry of an award.  An award that has been satisfied may not be entered in court.

    UNLESS BOTH YOU AND WE AGREE OTHERWISE, ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, REPRESENTATIVE, COLLECTIVE, OR PRIVATE ATTORNEY GENERAL BASIS. CLAIMS OF MORE THAN ONE PERSON CANNOT BE ARBITRATED JOINTLY OR BE CONSOLIDATED WITH THOSE OF ANY OTHER PERSON. ADDITIONALLY, YOU AND Auzo AGREE THAT THE ARBITRATOR MAY AWARD INDIVIDUAL RELIEF AVAILABLE IN COURT (INCLUDING, WITHOUT LIMITATION, DAMAGES, DECLARATORY, INJUNCTIVE, OR OTHER EQUITABLE RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT PARTY’S PARTICULAR CLAIM. THE ARBITRATOR MAY NOT ISSUE A “PUBLIC INJUNCTION.” THE ARBITRATOR DOES NOT HAVE THE POWER TO VARY THESE CLASS ACTION WAIVER PROVISIONS. IF, FOR ANY REASON, A COURT OF COMPETENT JURISDICTION HOLDS THAT THESE RESTRICTIONS ARE UNENFORCEABLE WITH RESPECT TO A PARTICULAR CLAIM OR REQUEST FOR RELIEF (SUCH AS A REQUEST FOR PUBLIC INJUNCTIVE RELIEF OR ANY PRIVATE ATTORNEY GENERAL CLAIM), AND ALL APPEALS FROM THAT DECISION HAVE BEEN EXHAUSTED (OR THE DECISION IS OTHERWISE FINAL), THE PARTIES AGREE THAT THE PARTICULAR CLAIM OR REQUEST FOR RELIEF MAY PROCEED IN A COURT OF COMPETENT JURISDICTION BUT SHALL BE STAYED PENDING ARBITRATION OF ALL REMAINING CLAIMS AND REQUESTS FOR RELIEF.
  2. Opt-out. You have the right to opt out of arbitration by sending your personally signed, written notice of your decision to opt out to the following address: 1400 Newport Center Dr #230, Newport Beach, California 92660, postmarked within 60 days of the first time you agreed to terms with Auzo that included an arbitration agreement. You must include: (a) your name and residential address; (b) the email address and/or telephone number associated with your account; and (c) a clear statement that you want to opt out of arbitration and seek to have any Dispute addressed in a court of competent jurisdiction consistent with these Terms of Use. By opting out of arbitration, all other provisions in these Terms of Use, including the class action waiver and jury trial waiver, remain in effect to the fullest extent permissible by applicable law.
  3. Severability and Survival. Except as specifically provided in the Arbitration Agreement (e.g., the Additional Procedures for Coordinated Disputes/Filings), if any part or parts of this Arbitration Agreement is/are found by a court of competent jurisdiction to be invalid or unenforceable as to your Dispute, then such specific part or parts shall be of no force and effect and shall be severed, and the remainder of the Arbitration Agreement shall continue in full force and effect. This Arbitration Agreement will survive the termination of these Terms of Use.
  4. Waiver of Jury Trial; Waiver of Class Actions. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, YOU AND Auzo WAIVE THE RIGHT TO A JURY TRIAL. YOU AND Auzo ALSO WAIVE ANY RIGHT TO BRING OR PARTICIPATE IN A CLASS ACTION IN ARBITRATION OR IN LITIGATION IN COURT. NOTWITHSTANDING THE FOREGOING, THE PARTIES RETAIN THE RIGHT TO PARTICIPATE IN A CLASS-WIDE SETTLEMENT. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION.

Miscellaneous. You will be responsible for paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Services, provided that the Auzo may, in its sole discretion, do any of the foregoing on your behalf or for itself as it sees fit. The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. If any provisions of these Terms are found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable. You and Auzo agree that these Terms are the complete and exclusive statement of the mutual understanding between you and Auzo, and that these Terms supersede and cancel all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms. You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of Auzo, and you do not have any authority of any kind to bind Auzo in any respect whatsoever.

Except as expressly set forth in the sections above regarding the Apple Application and the arbitration agreement, you and Auzo agree there are no third-party beneficiaries intended under these Terms.