Terms of Service

Effective Date: May 11, 2026

PLEASE READ THIS AGREEMENT CAREFULLY. THIS AGREEMENT AFFECTS YOUR LEGAL RIGHTS AND OBLIGATIONS. BY ACCESSING OR USING THE SERVICES, INCLUDING RENTING OR OPERATING A VEHICLE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THIS AGREEMENT. WITHOUT LIMITING THE FOREGOING, THIS AGREEMENT CONTAINS PROVISIONS REGARDING THE ASSUMPTION OF RISK, RELEASE OF CLAIMS, INDEMNIFICATION, DISCLAIMERS OF WARRANTIES, LIMITATIONS OF LIABILITY, AND DISPUTE RESOLUTION. THESE PROVISIONS MAY LIMIT OR AFFECT YOUR RIGHT TO COMMENCE LEGAL PROCEEDINGS OR RECOVER DAMAGES. IF YOU DO NOT AGREE TO THIS AGREEMENT, YOU MUST NOT ACCESS OR USE THE SERVICES.

You should retain a copy of these Terms of Service for your records.

Key Points:

By creating an account, renting, unlocking, operating, or otherwise using a Vehicle, you agree to this Agreement. The following is only a summary of certain important terms and does not replace the full Agreement:

  • Ride Charges Continue Until You End Your Ride. You must properly end your rental through the App. If you fail to do so, rental charges and other applicable fees may continue to accrue until the rental is properly concluded.
  • You Are Responsible for the Vehicle During Your Rental. You may be responsible for loss of or damage to a Vehicle or related equipment occurring during your rental period, including costs of repair, replacement, recovery, or retrieval.
  • Park Responsibly. At the end of your ride, you must park the Vehicle in a lawful, safe, and authorized location and must not leave it on private property without permission, in restricted areas, or in a manner that obstructs pedestrians, accessibility routes, entrances, exits, or public rights-of-way.
  • Follow All Laws and Safety Requirements. You must operate the Vehicle safely and comply with all applicable traffic laws, by-laws, parking restrictions, and other legal requirements. Canrover strongly recommends wearing a properly fitted helmet at all times while riding.
  • Inspect Before Riding. Before using a Vehicle, you must inspect it for visible damage, defects, or safety issues and must not use a Vehicle that appears unsafe or in need of repair.
  • Report Accidents and Damage Promptly. Any accident, injury, theft, damage, malfunction, or other incident involving a Vehicle must be reported to Canrover as soon as possible through the App or by email.
  • Vehicle Use Involves Significant Risks. Riding an electric scooter and electric bike involves inherent risks that may result in property damage, serious injury, disability, or death. By using the Services, you voluntarily assume these risks.
  • You Release Certain Legal Claims. This Agreement contains a release of liability, indemnity, disclaimer of warranties, and limitation of liability provisions that affect your legal rights and may limit your ability to recover damages from Canrover and other parties involved in providing the Services.
  • Location and Usage Data Are Collected. Vehicles may use GPS and other technologies to monitor location, ride activity, parking locations, and operational information in accordance with the Privacy Policy.
  • You Authorize Charges to Your Payment Method. By using the Services, you authorize Canrover to charge your payment method for rental fees, taxes, damage charges, recovery costs, fines, penalties, and other amounts payable under this Agreement.

Canrover agrees to make the Services and Vehicles available to you in accordance with this Agreement, and you agree to comply with all of its terms. Unless otherwise stated, all monetary amounts referred to in this Agreement are in Canadian dollars (CAD).

1        DEFINITIONS

In these Terms of Service:

  • Agreement means these Terms of Service, together with any policies incorporated by reference, including the Privacy Policy.
  • App” means the Canrover mobile application and any related software used to access or operate the Services.
  • Claims” is defined in Section 10.1 of the Agreement.
  • Host” means a User who, through a single account, unlocks or rents multiple Vehicles for use by other riders participating in a group ride pursuant to Section 5.14.
  • Indemnified Parties” is defined in Section 11.1 of the Agreement.
  • Operator“, “Canrover“, “we“, “our“, or “us” means Canrover Inc., a corporation incorporated under the laws of Manitoba, together with its directors, officers, employees, contractors, agents, affiliates, successors and assigns.
  • Personal Rental Program” means Canrover’s extended-duration vehicle rental program, pursuant to which a User may rent a Vehicle for personal use on a weekly, monthly, or other longer-term basis, subject to the additional terms and conditions applicable to that program.
  • Personal Rentals” means the rental of a Vehicle under the Personal Rental Program described in Schedule “A” to this Agreement.
  • Privacy Policy” means Canrover’s privacy policy, as amended from time to time, which describes how Canrover collects, uses, stores, discloses, and otherwise processes personal information in connection with the Services.
  • Released Parties” is defined in Section 10.1 of the Agreement.
  • Rider“, “you“, or “your” means the individual who accesses or uses the Services or rents, unlocks, operates, or otherwise uses a Vehicle.
  • Services” means the website, App, scooter rental platform, Vehicle, equipment, support services, ride management services, payment processing services, and all related products and services made available by Canrover.
  • Vehicle” or “Vehicles” means any electric scooter, electric bike or similar vehicle, together with any associated equipment, accessories, components, locks, chargers, helmets, or related items, made available by Canrover for use through the Services, whether owned, leased, licensed, or otherwise operated by Canrover.
  • User Account” means a Rider account created through the App or Services.

2        USE OF THE SERVICES

This Agreement governs your access to and use of the Services, including the rental and operation of Vehicles. By accessing or using the Services, you represent, warrant, and covenant that:

  1. you are at least eighteen (18) years of age;
  2. you have the legal capacity, authority, and competence to enter into and be bound by this Agreement;
  3. you will comply with this Agreement and all applicable laws, regulations, bylaws, permits, orders, and rules governing your use of the Services and any Vehicle; and
  4. all information provided to Canrover is true, accurate, current, and complete, and you will promptly update such information as necessary to ensure it remains accurate.

Canrover reserves the right to require proof of identity, age, eligibility, or authority to use the Services at any time and may suspend or terminate access to the Services if such proof is not provided or if Canrover determines, in its sole discretion, that a User does not satisfy the requirements of this Agreement.

3        USER ACCOUNTS

3.1              Account Registration. Access to certain Services requires creation of a User Account. You agree to provide accurate, current, and complete information when creating and maintaining your User Account. You shall promptly update any information that becomes inaccurate.

3.2                 Account Security

You are responsible for:

  1. maintaining the confidentiality of your login credentials;
  2. restricting access to your account;
  3. all activities occurring under your account; and
  4. notifying Canrover immediately of any unauthorized access or use.

Canrover is not responsible for losses arising from unauthorized use of your account.

3.3       Suspension and Termination

Canrover may, at any time and in its sole discretion, suspend, restrict, or terminate your access to the Services or your account, with or without notice, if:

  1. you breach this Agreement or any applicable law;
  2.  Canrover reasonably believes that your use of the Services presents a safety, security, legal, or operational risk;
  3. any payment owing by you cannot be processed or remains outstanding;
  4. Canrover suspects fraudulent, unauthorized, deceptive, or unlawful activity;
  5. you provide false, inaccurate, or misleading information; or
  6. Canrover determines that suspension or termination is necessary to protect Canrover, its personnel, Users, Vehicles, property, business operations, or the public.

Without limiting the foregoing, Canrover reserves the right to suspend, restrict, or terminate access to the Services at any time and for any reason, in its sole discretion.

Upon suspension or termination of your access to the Services:

  1. your right to access and use the Services will immediately cease;
  2. Canrover shall have no obligation to provide any refund of fees previously paid, except as required by applicable law;
  3. you remain responsible for all amounts owing, including rental charges, fees, fines, penalties, damage charges, recovery costs, and any other amounts accrued prior to the effective date of suspension or termination; and
  4. Canrover may take any steps reasonably necessary to recover a Vehicle, enforce this Agreement, or protect its rights and property.

Termination or suspension of the Services shall not affect any rights, remedies, obligations, or liabilities that accrued prior to the date of termination or suspension. Any provision of this Agreement which by its nature is intended to survive termination, including provisions relating to payment obligations, intellectual property, disclaimers, releases, limitations of liability, indemnities, dispute resolution, and governing law, shall survive and continue in full force and effect.

4        MOBILE APPLICATION LICENCE

Subject to this Agreement, Canrover grants you a limited, personal, revocable, non-exclusive, non-transferable, non-sublicensable licence to download and use the App solely for your personal use in connection with the Services.

You shall not:

  1. reverse engineer, decompile, or modify the App;
  2. copy, reproduce, distribute, or commercially exploit the App;
  3. circumvent security features;
  4. interfere with the operation of the App; or
  5. use the App in any unlawful manner.

All intellectual property rights in the App and Services remain the exclusive property of Canrover and its licensors.

5        RENTAL AND USE OF A VEHICLE

5.1              Rental of Vehicle. Subject to this Agreement, Canrover grants the Rider a limited, personal, non-exclusive, non-transferable, and revocable licence to rent and operate Vehicles through the Services for lawful purposes. Each rental constitutes a temporary licence to use a Vehicle and does not transfer any ownership, possessory, proprietary, or other interest in the Vehicle or any related equipment.

The Rider acknowledges and agrees that all Vehicles and related equipment remain the sole and exclusive property of Canrover or its licensors and suppliers. The Rider shall not damage, dismantle, modify, alter, deface, reverse engineer, interfere with, or otherwise tamper with any Vehicle or related equipment. Unless expressly authorized in writing by Canrover, Vehicles may only be used for personal, non-commercial purposes and may not be rented, leased, hired out, or otherwise used for commercial gain or the benefit of any third party.

5.2              Eligibility and Rider Representations

In addition to the representations, warranties, and covenants set out in Section 2, each Rider represents and warrants that:

  1. you are physically and mentally capable of safely operating a Vehicle and are not impaired by alcohol, cannabis, medication, drugs, fatigue, illness, injury, or any other condition that may affect your ability to do so safely;
  2. the Rider possesses the knowledge, skill, and experience necessary to operate a Vehicle safely and in accordance with this Agreement and all applicable laws;
  3. the Rider has reviewed any safety instructions, guidance, warnings, or educational materials made available by Canrover through the App, website, or otherwise; and
  4. the Rider will independently assess weather, road, traffic, and other environmental conditions before and during operation of a Vehicle and will not operate a Vehicle where such conditions make operation unsafe.

Canrover is entitled to rely upon the foregoing representations and warranties without further inquiry.

5.3              Authorized User. Subject to Section 5.14, a Vehicle rented through the Rider’s account may only be operated by the Rider who initiated the rental unless otherwise expressly authorized by Canrover through the Services. The Rider shall not permit any other person to operate, use, possess, or control a Vehicle rented through the Rider’s account. The Rider remains fully responsible for all use of the Vehicle and for compliance with this Agreement during the rental period.

5.4              Vehicle Availability and Service Area. Vehicle availability is not guaranteed. Canrover may, at any time and in its sole discretion, establish operating hours, designate service areas, create restricted-use or no-ride zones, limit the availability of Vehicles, suspend operations, or require the return of a Vehicle. The Rider shall only operate and park a Vehicle within areas authorized by Canrover and shall comply with all geographic restrictions communicated through the App or otherwise established by Canrover. Upon completion of a ride, the Rider shall park the Vehicle in a lawful, safe, and authorized public location in accordance with Canrover’s instructions and all applicable laws.

The Rider acknowledges that Canrover does not control, maintain, inspect, or designate the routes, roadways, sidewalks, bicycle lanes, paths, or other areas in which a Vehicle may be operated, and makes no representation or warranty regarding the safety of any route or location. The Rider is solely responsible for assessing road, traffic, weather, construction, and other environmental conditions before and during use of a Vehicle and for determining whether such conditions make operation unsafe.

5.5              Compliance with Laws. The Rider shall operate the Vehicle in a safe, prudent, and lawful manner and shall comply with all applicable federal, provincial, and municipal laws, regulations, by-laws, and ordinances relating to the operation, parking, charging, and use of the Vehicle. Without limiting the generality of the foregoing, the Rider shall comply with all traffic laws, roadway regulations, helmet requirements, parking restrictions, and any other legal requirements applicable in the jurisdiction where the Vehicle is operated. The Rider assumes sole responsibility for any fines, penalties, tickets, impound charges, or other consequences arising from the Rider’s failure to comply with applicable laws.

5.6              Prohibited Use

The Rider shall not:

  1. operate a Vehicle while impaired by alcohol, cannabis, medication, narcotics, or any substance that may impair the Rider’s ability to operate the Vehicle safely;
  2. carry any passenger, child, or other person on the Vehicle, or tow any person, vehicle, trailer, or object;
  3. carry, transport, or secure any item that may interfere with the safe operation of the Vehicle, obstruct the Rider’s view, impair balance, or affect the Rider’s ability to maintain proper control of the Vehicle, including, but not limited to, briefcases, backpacks or large bags;
  4. operate or use the Vehicle if the combined weight of the Rider and any allowed cargo, equipment, or personal belongings exceeds the maximum weight limit specified by Canrover or the Vehicle manufacturer;
  5. place any object on the handlebars of the Vehicle that may interfere with steering, braking, visibility, or safe operation;
  6. use a mobile phone, electronic device, headphones, or similar equipment while operating the Vehicle, except where permitted by applicable law and used solely for navigation through an approved hands-free mounting device;
  7. use the Vehicle for racing, competitions, stunt riding, trick riding, or any other hazardous, reckless, or prohibited activity;
  8. operate the Vehicle in a reckless, dangerous, negligent, or unlawful manner;
  9. operate the Vehicle on terrain or in conditions for which it is not intended, including through standing water, flooded areas, unpaved roads or in locations where operation is prohibited by law;
  10. transport, relocate, remove, or operate the Vehicle outside of authorized service areas or in any restricted or prohibited zone designated by Canrover;
  11. interfere with, damage, disable, alter, remove, reverse engineer, or tamper with any component of the Vehicle or any tracking, communication, charging, safety, or security system;
  12. attach any unauthorized lock, device, accessory, or equipment to the Vehicle, or secure the Vehicle in a manner not authorized by Canrover;
  13. park, leave, or abandon the Vehicle on private property without authorization, in restricted areas, in a manner that obstructs pedestrians, accessibility routes, entrances, exits, roadways, or public rights-of-way, or otherwise contrary to applicable laws or Canrover’s instructions;
  14. use the Vehicle for any commercial or revenue-generating purpose, including delivery, courier, transportation-for-compensation, or rental activities, without Canrover’s prior written consent; or
  15. use the Vehicle in any manner that may damage the Vehicle, endanger any person or property, interfere with the use and enjoyment of public spaces, or expose Canrover to liability.

Any use of a Vehicle contrary to this Agreement constitutes unauthorized use.

5.7              Rider Inspection and Condition of Vehicle. Prior to each use of a Vehicle, the Rider shall conduct a reasonable inspection to satisfy themselves that the Vehicle is in safe operating condition. Without limiting the foregoing, the Rider shall inspect the wheels, brakes, throttle, lights, frame, battery charge level, and any other visible components that may affect the safe operation of the Vehicle. The Rider shall not operate a Vehicle that appears damaged, defective, unsafe, improperly maintained, or otherwise in need of repair, and shall promptly report any such condition to Canrover through the App or by email.

By commencing a ride, the Rider represents and acknowledges that they have completed the foregoing inspection, determined that the Vehicle is in satisfactory operating condition and suitable for its intended use, and accepted the Vehicle in its then-current condition, except for any defect or condition previously reported to Canrover.

5.8              Helmets. The Rider shall comply with all applicable laws respecting the use of helmets and other protective equipment. Canrover strongly recommends that the Rider wears a properly fitted and securely fastened helmet while operating a Vehicle, regardless of whether such use is required by law. The Rider acknowledges that the decision to wear a helmet or other protective equipment is solely the Rider’s responsibility and that operating a Vehicle without appropriate protective equipment may increase the risk of injury. The Rider assumes all risks associated with failing to wear a helmet or other protective equipment.

5.9              Accidents, Damage and Reporting Obligations. The Rider shall immediately discontinue use of a Vehicle if it is involved in an accident, collision, malfunction, theft, or any other incident that may affect its safe operation. The Rider shall promptly notify Canrover, through the App or by email, of any accident, injury, property damage, traffic violation, theft, loss, damage, malfunction, or other incident involving a Vehicle or related equipment. Where required by law, or where an incident results in personal injury, significant property damage, or the theft or loss of a Vehicle, the Rider shall promptly notify the appropriate law enforcement authorities and, in any event, within twenty-four (24) hours of the incident. The Rider shall cooperate fully with Canrover, its insurers, and any governmental or law enforcement authority in connection with the investigation of any such incident and shall provide such information and documentation as may reasonably be requested.

5.10           Responsibility for Loss or Damage. The Rider shall return the Vehicle and all associated equipment in substantially the same condition in which they were provided, ordinary wear and tear excepted. The Rider is responsible for any loss of or damage to a Vehicle or related equipment occurring during the rental period, including damage resulting from misuse, vandalism, theft, unauthorized use, improper parking, or failure to secure the Vehicle, except to the extent caused solely by Canrover’s gross negligence or wilful misconduct. Canrover may recover from the Rider the reasonable cost of repairing or replacing any damaged, lost, or stolen Vehicle or related equipment, together with any associated administrative, recovery, legal, collection, or enforcement costs incurred by Canrover.

The Rider acknowledges that homeowner’s, tenant’s, renter’s, automobile, or other insurance policies may not provide coverage for incidents arising from the use of a Vehicle. The Rider is solely responsible for determining whether any insurance coverage is available. To the extent the Rider maintains insurance applicable to any claim arising from the Rider’s use of the Services or a Vehicle, such insurance shall be primary and non-contributory to any insurance maintained by Canrover.

5.11           Lost or Stolen Vehicles. A Vehicle or related equipment may be deemed lost or stolen where Canrover reasonably determines that the Vehicle or equipment has not been returned, has been abandoned, has been left in an unauthorized location, has been tampered with, or is otherwise missing under circumstances suggesting loss, theft, or unauthorized possession. Without limiting the foregoing, Canrover may deem a Vehicle lost or stolen where: (a) it is not returned within twenty-four (24) hours after the rental period has ended; (b) any tracking, communication, or security system has been disabled, removed, or tampered with; (c) it is left on private property, in a restricted area, or in another unauthorized location; or (d) other circumstances reasonably indicate that the Vehicle has been lost, stolen, or unlawfully retained.

Canrover may hold the last Rider responsible for a lost or stolen Vehicle unless the Rider establishes, acting reasonably, that they were not responsible for the loss. In the event of suspected loss or theft, Canrover may take any action it considers appropriate, including recovering the Vehicle, seeking restitution or damages, charging applicable fees, and reporting the matter to law enforcement authorities. The Rider shall promptly report any disappearance, theft, loss, or damage involving a Vehicle or related equipment to Canrover through the App or by email.

5.12           Electric Vehicles. The Rider acknowledges that the Vehicles are battery-powered and require periodic charging to operate. Battery levels decrease with use and may affect a Vehicle’s speed, performance, range, and other operating capabilities. The battery charge available at the commencement of a rental is not guaranteed and may vary between Vehicles. Battery consumption and operating range are affected by numerous factors, including distance travelled, rider weight, terrain, road and weather conditions, temperature, riding habits, and other circumstances beyond Canrover’s control.

Canrover makes no representation, warranty, or guarantee regarding the battery level, operating range, or duration of operation of any Vehicle. The Rider is solely responsible for checking the battery level before commencing a ride and determining whether the available charge is sufficient for the Rider’s intended use. The Rider acknowledges that a Vehicle may lose power or cease operating at any time due to battery depletion and may not be capable of reaching the Rider’s intended destination. If this occurs, the Rider remains responsible for safely securing the Vehicle and properly concluding the rental in accordance with this Agreement.

Except as expressly permitted under a Personal Rental Program or with Canrover’s prior written consent, the Rider shall not charge, attempt to charge, or permit any other person to charge a Vehicle. Any such charging is undertaken entirely at the Rider’s own risk, and the Rider assumes full responsibility for all resulting losses, damages, injuries, liabilities, claims, costs, expenses, fines, penalties, and legal fees. Canrover shall have no liability for any injury, death, property damage, or other loss arising directly or indirectly from the charging or attempted charging of a Vehicle by the Rider or any third party acting on the Rider’s behalf.

5.13           Mobile Device Requirements and Active Internet Connection. Use of the Services requires a compatible mobile device, the App, and an active internet connection. The Rider is solely responsible for obtaining and maintaining any device, wireless service, internet connection, software, and equipment necessary to access and use the Services, including all associated costs and charges.

An active internet connection is required to locate, unlock, rent, and conclude the rental of a Vehicle. If the Rider is unable to access or use the App due to network interruption, device malfunction, battery depletion, software issues, or any other circumstance, the Rider remains responsible for all fees and charges accruing until the rental is properly concluded. By downloading or using the App, the Rider agrees to comply with any applicable terms governing its use. Any personal information collected through the App will be handled in accordance with the applicable privacy policy, including Canrover’s Privacy Policy where Canrover operates the App.

5.14           Group Rides. Canrover may, in its sole discretion, permit a User to unlock or rent multiple Vehicles through a single account for use by other riders participating in a group ride. The account holder who initiates the group ride (the “Host“) shall remain responsible for all Vehicles rented through the Host’s account and shall be jointly and severally liable for all fees, charges, losses, damages, claims, fines, penalties, and other obligations arising from the use of those Vehicles by the Host or any participating rider.

The Host represents and warrants that each participating rider is at least eighteen (18) years of age, has accepted this Agreement in the manner required by Canrover, and is legally permitted to operate a Vehicle. The Host shall ensure that all participating riders comply with this Agreement and all applicable laws and shall remain responsible for all rental charges, parking violations, damage to Vehicles, and any other loss, liability, fee, or expense arising from the acts or omissions of any participating rider. Canrover may require participating riders to provide identifying information, including an email address, and to accept this Agreement before operating a Vehicle.

6        PAYMENT TERMS AND FEES

6.1              Fees and Charges. The fees payable for use of the Services shall be those displayed in the App or otherwise communicated by Canrover from time to time. Depending on the Services used, fees may include activation fees, time-based charges (with time rounded up to the nearest minute), distance-based charges, subscription fees, municipal or regulatory fees, taxes, parking violation charges, pick up fees, damage charges, administrative fees, and any other fees or charges disclosed through the Services.

Canrover may be required by law, municipal bylaw, permit condition, or regulatory requirement to assess or collect certain fees, fines, penalties, or charges arising from a Rider’s use of the Services. The Rider agrees that Canrover may charge the Rider for any such amounts, together with any reasonable administrative costs incurred by Canrover in connection with their collection or administration.

Canrover reserves the right to modify its pricing, fee structure, or charging methodology at any time. Updated pricing shall be made available through the App or otherwise communicated to the Rider and shall apply to rentals and Services used after the effective date of the change.

6.2              Maximum Rental Time and Charges. The Rider agrees to end each Vehicle rental within twenty-four (24) hours of initiating the rental, unless the rental is made under the Personal Rental Program. Rental time commences when the Vehicle is unlocked through the App and continues until the Rider receives confirmation through the App that the rental has been properly concluded. If a rental is not properly ended, charges will continue to accrue until the rental is terminated in accordance with this Agreement. Where technical issues prevent the Rider from ending the rental, the Rider must promptly report the issue through the App; failure to do so may result in continued charges.

If a Vehicle is not returned within forty-eight (48) hours of the commencement of the rental, it may be deemed lost or stolen, and the Rider may be charged the full replacement value of the Vehicle, together with any applicable administrative, recovery, or other associated fees.

Canrover may apply additional service fees for rentals exceeding twenty-four (24) hours where the Vehicle is not deemed lost or stolen.

6.3              Payment Method. The Rider must provide and maintain a valid payment method (such as a credit card, debit card, prepaid card, or other payment method made available through the App) in order to use the Services. By providing a payment method, the Rider authorizes Canrover to charge all fees and charges incurred under this Agreement, including taxes, regulatory charges, fines, penalties, and any other amounts payable in connection with the Services. The Rider represents and warrants that: (a) the Rider is authorized to use the payment method provided; (b) all payment information supplied is true, accurate, and complete; and (c) the Rider will promptly update any changes to their payment information. If the payment method expires, becomes invalid, or cannot be charged, the Rider remains responsible for all amounts owing and authorizes Canrover to attempt to charge any updated or alternative payment method associated with the Rider’s account, where permitted by law.

6.4              Pick Up Fees. If the Rider is unable to return a Vehicle to a valid designated area (including where a Vehicle is deactivated on private property, within a locked or inaccessible area, or otherwise in a location that cannot be readily accessed), and requests that Canrover retrieve the Vehicle, Canrover may, in its sole discretion, charge a pick up fee. If a Vehicle is abandoned without notice, the Rider remains responsible for all applicable trip fees until the Vehicle is recovered and deactivated, together with any applicable recovery or service charges incurred by Canrover in connection with its retrieval.

6.5              Failure of Payment.

If payment cannot be successfully processed:

  1. Canrover may suspend or terminate your access to the Services;
  2. Canrover may pursue collection of all outstanding amounts;
  3. you shall remain liable for all unpaid amounts; and
  4. you shall reimburse Canrover for all reasonable costs incurred in collecting outstanding amounts, including collection fees, legal fees, court costs, and administrative expenses.

6.6              Disputed Charges. The Rider must notify Canrover of any disputed charge within ten (10) business days of the charge appearing on the Rider’s account, together with sufficient details to identify the charge, including the relevant ride dates and times. Failure to provide notice within this period constitutes acceptance of the charge.

For automatic or other recurring charges, Canrover will continue to charge the Rider’s payment method until the Rider cancels the Services or the account is terminated. Cancellation must be completed through the App in accordance with the applicable instructions.

6.7              Promotional Codes. Canrover may issue promotional codes, referral codes, discounts, credits, or similar incentives. Promotional offers:

  1. must be used strictly for their intended purpose;
  2. may be modified, suspended, or cancelled by Canrover at any time without notice;
  3. have no cash value and are not redeemable for cash;
  4. may be subject to value limits, usage limits, or other restrictions;
  5. may not be sold, transferred, or assigned unless expressly authorized by Canrover;
  6. may be revoked if used fraudulently or in breach of this Agreement; and
  7. may expire prior to use.

7        PRIVACY AND LOCATION TRACKING

7.1           Privacy Policy. Canrover collects, uses, discloses, and stores personal information in accordance with its Privacy Policy, which is incorporated into this Agreement by reference. By using the Services, the Rider consents to such collection, use, disclosure, and retention of personal information as described in the Privacy Policy. This includes, without limitation, information such as name, contact information, payment details, and other personally identifiable information provided by the Rider. Canrover will handle personal information in accordance with applicable privacy laws and will take reasonable measures to protect such information.

The Rider acknowledges that, in connection with the Services, Canrover may collect operational and usage data relating to Vehicles and rides, including: (a) Vehicle location; (b) ride routes; (c) ride duration; (d) Vehicle status; (e) parking locations; (f) battery levels; (g) operational data; and (h) compliance with this Agreement. Such information may be used by Canrover for operational, safety, legal, regulatory, investigative, insurance, and business purposes.

7.2           GPS Tracking. Vehicles may contain GPS devices, cellular communication systems, sensors, cameras, geofencing technology, and other monitoring technologies.

7.3           Disclosure of Information. Canrover may disclose Rider information where such disclosure is:

  1. required by applicable law, regulation, subpoena, court order, or legal process;
  2. requested by law enforcement, governmental, or regulatory authorities;
  3. reasonably necessary to investigate or address incidents, accidents, injuries, fraud, theft, misuse, or other unlawful or improper activity;
  4. required under any municipal agreement, operating permit, or similar arrangement applicable to Canrover’s operations;
  5. necessary to protect, enforce, or defend Canrover’s legal rights, property, or safety, or the rights, property, or safety of Riders, third parties, or the public; or
  6. otherwise permitted by applicable law.

7.4           License to Image and Likeness. To the extent permitted by law, the Rider grants Canrover a worldwide, perpetual, irrevocable, royalty-free right and licence to capture, use, reproduce, publish, display, and distribute the Rider’s name, image, likeness, appearance, and voice as recorded or captured during the Rider’s use of the Services.

This licence applies to all media formats now known or later developed and may be used by Canrover for operational, safety, promotional, advertising, marketing, or publicity purposes without further notice, consent, or compensation to the Rider. The Rider acknowledges that such use may occur without limitation as to time or geographic scope.

The Rider waives any right to inspect or approve such use and releases Canrover from any and all Claims arising out of the use of such materials, including Claims for invasion of privacy, publicity rights, or defamation, to the extent permitted by applicable law.

8        INTELLECTUAL PROPERTY

8.1              Intellectual Property. The Services, including the App, website, software, designs, logos, trademarks, graphics, text, content, photographs, videos, data, and all related intellectual property, are owned by Canrover or its licensors. Nothing in this Agreement transfers to you any ownership rights in any intellectual property relating to the Services.

Except as expressly permitted under this Agreement or with Canrover’s prior written consent, you shall not reproduce, distribute, modify, publish, reverse engineer, create derivative works from, or otherwise commercially exploit any portion of the Services with Canrover’s prior written consent.

9        ASSUMPTION OF RISK

9.1              Acknowledgement. The Rider acknowledges that the operation of electric scooters and electric bikes and use of the Services involves inherent and unpredictable risks, dangers, and hazards that cannot be eliminated regardless of the care exercised by Canrover. These risks may arise from known or unknown causes and may result from the negligence of the Rider, third parties, or Canrover. Such risks include, without limitation:

  1. collisions with vehicles, pedestrians, stationary objects, or other users;
  2. falls, loss of balance, or loss of control;
  3. mechanical, electrical, or battery failure;
  4. road defects, including potholes, cracks, or uneven surfaces;
  5. weather, traffic, and visibility conditions;
  6. actions or negligence of third parties, including motorists and other riders;
  7. failure to wear protective equipment;
  8. failure to comply with applicable laws or this Agreement; and
  9. serious injury, disability, paralysis, or death.

The Rider freely and voluntarily assumes all risks associated with the use of the Services, Vehicles, App, and related equipment.

9.2              Public Roads. The Rider acknowledges and agrees that use of Vehicles on public roads and infrastructure involves inherent risks, including risks arising from road conditions, pavement defects, traffic, and other hazards, and voluntarily assumes all such risks associated with use of the Services.

10     RELEASE OF LIABILITY

10.1           Release. In consideration of being permitted to use the Services, the Rider hereby releases and forever discharges Canrover and its affiliates, licensors, technology service providers, and their respective owners, operators, officers, directors, employees, contractors, agents, representatives, successors, assigns, municipal partners, permitting authorities, property owners, and any other persons involved in the provision or operation of the Services (collectively, the “Released Parties”) from and against any and all claims, demands, liabilities, actions, causes of action, damages, losses, costs, expenses, penalties, fines, judgments, settlements, legal fees, or expenses of any kind whatsoever (collectively, “Claims”) arising out of or relating to the Rider’s use of the Services, including the App, Vehicles, or related equipment.

This release applies to all Claims, whether known or unknown, foreseen or unforeseen, and regardless of whether such Claims arise in contract, tort (including negligence), occupiers’ liability, statute, equity, or otherwise, including Claims relating to personal injury, property damage, wrongful death, or economic loss. This release applies even if such Claims arise in whole or in part from the negligence of the Released Parties, to the maximum extent permitted by law, but does not apply to the extent such liability cannot be excluded under applicable law.

The Rider acknowledges and agrees that the release contained in this Section 10 is intended to be as broad and inclusive as permitted by applicable law. To the extent any Claim is not barred by this Section 10, such Claim shall remain subject to the limitations, exclusions, and restrictions set out in Section 13.

11     INDEMNIFICATION

11.1           Indemnification. To the fullest extent permitted by law, the Rider agrees to indemnify, defend, and hold harmless Canrover and its affiliates, licensors, technology service providers, and their respective owners, operators, officers, directors, employees, contractors, agents, representatives, successors, assigns, municipal partners, permitting authorities, property owners, and any other persons involved in the provision or operation of the Services (collectively, the “Indemnified Parties”) from and against any and all Claims arising out of or relating to:

a)    the Rider’s use or misuse of the Services, Vehicles, App, or related equipment;

b)    the Rider’s breach of this Agreement;

c)     the Rider’s violation of any applicable law, regulation, or bylaw;

d)    injury to any person or damage to any property caused by the Rider;

e)    improper parking, securing, or abandonment of a Vehicle;

f)      loss, theft, or recovery of a Vehicle;

g)    fraud, misconduct, or negligent behaviour; or

h)    any Claim brought by a third party arising out of or related to the Rider’s use of the Services.

11.2           Municipal Entities. The Rider acknowledges that certain municipal entities may, as a condition of permits, licenses, or operating agreements, require Canrover to provide indemnities or insurance coverage. To the extent any Claim triggers or relates to such municipal obligations, the Rider agrees that this indemnity applies, and further agrees to indemnify and hold harmless the Indemnified Parties in respect of any resulting liability, costs, or settlement amounts. The Rider also acknowledges and agrees that municipal entities involved in the operation or regulation of the Services are released and held harmless to the maximum extent permitted by law for any Claims arising from or related to the Rider’s use of the Services.

12     DISCLAIMERS

12.1           Service Availability. The Services are provided on an “as available” basis. Canrover does not guarantee that Vehicles will be available at any particular time or location or that the Services will operate without interruption, error, or disruption. Without limiting the foregoing, Canrover does not warrant that the App will be free from errors or that communications networks will be continuously available.

Canrover may suspend, modify, restrict, or discontinue any part of the Services at any time without liability. The Rider acknowledges and agrees that Canrover is not a common carrier and that the Services are provided solely as a convenience and may be unavailable or subject to limitations from time to time.

12.2           No Service Guarantees. Canrover disclaims all warranties, conditions, representations, and guarantees, whether express, implied, statutory, or otherwise, including any implied warranties of merchantability, fitness for a particular purpose, title, quality, durability, non-infringement, and quiet enjoyment. Without limiting the foregoing, Canrover does not warrant that:

a)    the Services will meet the Rider’s expectations or requirements;

b)    Vehicles will always operate properly or without malfunction;

c)     any Vehicle will be available when requested; or

d)    any defects, errors, or interruptions in the Services will be corrected.

13     LIMITATION OF LIABILITY

13.1           LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, AND WITHOUT LIMITING THE ASSUMPTIONS OF RISK, RELEASES AND DISCLAIMERS CONTAINED IN THIS AGREEMENT, THE RELEASED PARTIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO THE SERVICES, THE APP, THE VEHICLES, OR THIS AGREEMENT.

WITHOUT LIMITING THE FOREGOING, THE RELEASED PARTIES SHALL NOT BE LIABLE FOR ANY LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF BUSINESS OPPORTUNITY, LOSS OF DATA, LOSS OF GOODWILL, OR OTHER INDIRECT OR CONSEQUENTIAL LOSS.

IF, NOTWITHSTANDING THE OTHER PROVISIONS OF THIS AGREEMENT, ANY RELEASED PARTY IS FOUND LIABLE FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE SERVICES, THE APP, THE VEHICLES, OR THIS AGREEMENT, THE TOTAL AGGREGATE LIABILITY OF ALL RELEASED PARTIES SHALL NOT EXCEED THE GREATER OF:

a)    THE TOTAL AMOUNT PAID BY THE RIDER TO CANROVER DURING THE THREE (3) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR

b)    TWO HUNDRED AND FIFTY DOLLARS ($250.00).

14     GOVERNING LAW AND DISPUTE RESOLUTION

14.1        Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the Province of Manitoba and the federal laws of Canada applicable therein, without regard to conflict of law principles.

14.2        Initial Dispute Resolution. Rider support is available through the App to address concerns regarding the Services, Vehicles, or this Agreement. Before commencing arbitration or litigation, the parties agree to make reasonable efforts to resolve any dispute, claim, question, or disagreement through good-faith discussions and negotiations.

14.3        Binding Arbitration. Subject to Sections 14.6 and 14.7, any dispute, claim, or controversy arising out of or relating to the Services, the App, the Vehicles, this Agreement, or the relationship between the parties shall be resolved exclusively by final and binding arbitration.

The substantive law governing any dispute shall be the laws of the Province of Manitoba and the federal laws of Canada applicable therein. The arbitration shall be administered by a recognized arbitration service in accordance with its applicable rules, excluding any rules relating to class or representative proceedings.

The arbitrator shall have exclusive authority to determine all issues relating to the interpretation, applicability, enforceability, formation, or scope of this Agreement and this arbitration provision, including any claim that all or part of this Agreement is void or unenforceable. The arbitrator’s decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. Unless otherwise agreed by the parties:

a)     each party may conduct one deposition of the opposing party or one individual under the opposing party’s control;

b)     written discovery shall be limited to fifteen (15) interrogatories and fifteen (15) requests for production per party; and

c)     the arbitration proceedings and any award shall remain confidential except as required by law or for purposes of enforcement.

If the costs of arbitration exceed the costs of commencing an action in court, Canrover shall pay the difference.

14.4        Location and Venue. The arbitration shall take place in Manitoba, Canada, or at another location agreed upon by the parties.

For any dispute not subject to arbitration, or where court proceedings are permitted under this Agreement, the parties irrevocably attorn to the exclusive jurisdiction of the courts of Manitoba sitting in Winnipeg, Manitoba. Each party agrees to accept service of legal process by mail and waives any objection based on jurisdiction or venue.

14.5        Recovery of Costs. In any dispute arising under this Agreement, the prevailing party shall be entitled to recover its reasonable legal fees, costs, and expenses incurred in resolving, enforcing, or settling the dispute, whether incurred before trial, at trial, on appeal, or otherwise, in addition to any other relief to which it may be entitled.

If a party fails to comply with this Section 14, that party shall be responsible for the reasonable legal fees and costs incurred by the other party in enforcing this Section, including any application to compel arbitration.

14.6        Class Action Waiver. TO THE MAXIMUM EXTENT PERMITTED BY LAW, ALL DISPUTES SHALL BE RESOLVED ON AN INDIVIDUAL BASIS ONLY.

THE PARTIES AGREE THAT NEITHER PARTY MAY COMMENCE, PARTICIPATE IN, OR RECOVER RELIEF THROUGH ANY CLASS ACTION, REPRESENTATIVE ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR SIMILAR PROCEEDING.

YOU AND CANROVER AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF, CLASS MEMBER, REPRESENTATIVE PARTY, OR PARTICIPANT IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING.

14.7        Exceptions to Arbitration. Notwithstanding Section 14.3:

a)    either party may commence proceedings in a court of competent jurisdiction to protect or enforce intellectual property rights, including copyrights, trademarks, patents, trade secrets, and proprietary rights; and

b)    either party may bring a claim within the jurisdictional limits of a small claims court having jurisdiction over the dispute.

14.8        Right to Opt Out. The Rider may opt out of the arbitration and class action waiver provisions contained in this Section 14 by providing written notice to Canrover within thirty (30) days after the Rider’s first use of the Services.

The notice must be sent to Canrover by email. Failure to opt out within the required period constitutes acceptance of this Section 14. An opt-out shall not affect the enforceability of any prior arbitration agreement accepted by the Rider.

If the Rider validly opts out, Canrover shall likewise not be bound by the arbitration provisions of this Section 14 with respect to that Rider.

14.9        Third-Party Beneficiaries. Any municipality, government authority, permitting authority, property owner, manufacturer, supplier, distributor, or other entity that authorizes, facilitates, supplies, or supports the operation of the Services pursuant to a permit, agreement, or other arrangement with Canrover shall be deemed an intended third-party beneficiary of the arbitration and class action waiver provisions contained in this Section 14 and may enforce those provisions directly.

14.10     Changes to this Section. Canrover may amend this Section 14 by providing notice in accordance with this Agreement. Any amendment shall apply only to disputes arising after the effective date of the amendment and shall not apply retroactively.

14.11     Consumer Rights. Nothing in this Section 14 limits any rights, remedies, or protections that cannot be waived under applicable consumer protection legislation.

15     PERSONAL RENTAL PROGRAM

15.1           Personal Rental Program. The additional terms and conditions applicable to Riders participating in the Personal Rental Program are set out in Schedule “A” attached to and forming part of this Agreement. By participating in the Personal Rental Program, the Rider agrees to be bound by the terms and conditions set out in Schedule “A” in addition to the other provisions of this Agreement.

16     GENERAL PROVISIONS

16.1           Entire Agreement. This Agreement, together with any schedules, policies, and documents incorporated by reference, constitutes the entire agreement between the parties with respect to its subject matter and supersedes all prior or contemporaneous agreements, understandings, negotiations, representations, and communications, whether written or oral.

16.2           Notices. Any notice may be provided by Canrover to the Rider by email, through the App or Canrover’s website, or by any other reasonable electronic means using the contact information associated with the Rider’s account.

The Rider is responsible for maintaining accurate and current account and contact information. Notices provided by Canrover shall be deemed received: (a) immediately if delivered through the App; (b) when posted on Canrover’s website; or (c) on the date sent if delivered by email to the email address associated with the Rider’s account.

Any Notice to Canrover must be delivered to the contact information designated by Canrover from time to time and shall be deemed received when actually received by Canrover.

16.3           Amendments. Canrover may amend this Agreement from time to time by posting an updated version through the Services, the App, or on its website. The Rider is responsible for reviewing the current version of this Agreement. Where Canrover determines, in its sole discretion, that an amendment is material, Canrover may provide notice in accordance with Section 16.2. Continued use of the Services following the effective date of any amendment constitutes acceptance of the amended Agreement. Notwithstanding the foregoing, any amendment to the arbitration or class action waiver provisions contained in Section 14 shall be governed by the terms of that Section.

16.4           Pricing. Fees and pricing displayed through the App, the Services, or on Canrover’s website shall govern and may be updated from time to time. In the event of any inconsistency between pricing displayed through the Services and pricing referenced elsewhere in this Agreement, the pricing displayed through the Services shall prevail.

16.5           Severability. If any provision of this Agreement is determined to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.

16.6           No Waiver. Failure by Canrover to enforce any provision of this Agreement shall not constitute a waiver of that provision.

16.7           Canadian Dollars. Unless otherwise expressly stated, all amounts referred to in this Agreement, the Services, the App, or any fees, charges, penalties, credits, or other amounts payable under this Agreement are stated in and shall be paid in Canadian dollars (CAD).

16.8           Cumulative Remedies. All rights and remedies outlined in this Agreement are cumulative and non-exclusive. Resorting to one remedy does not preclude the availability of other remedies or rights provided by law.

16.9           Assignment. You may not assign or transfer this Agreement without Canrover’s prior written consent. Canrover may assign this Agreement without restriction.

16.10        Force Majeure. Canrover shall not be liable for any delay, interruption, suspension, failure, or inability to provide all or any part of the Services where such delay, interruption, suspension, failure, or inability results from causes beyond Canrover’s reasonable control, including, without limitation, acts of God, severe weather, floods, fires, earthquakes, epidemics, pandemics, public health emergencies, wars, terrorism, civil disturbances, labour disruptions, strikes, lockouts, shortages of materials or equipment, power outages, telecommunications failures, internet disruptions, failures of GPS, cellular or third-party technology systems, cyberattacks, governmental actions, changes in law, regulatory restrictions, permit suspensions or revocations, municipal orders, transportation disruptions, or any other event beyond Canrover’s reasonable control (each, a “Force Majeure Event”).

During a Force Majeure Event, Canrover may suspend, restrict, modify, relocate, remove, recover, deactivate, or discontinue Vehicles or any portion of the Services without liability. Canrover shall be entitled to a reasonable period of time to resume operations following the cessation of the Force Majeure Event.

Nothing in this Section relieves the Rider of any payment obligations, liabilities, or responsibilities accrued prior to the occurrence of the Force Majeure Event.

16.11        Interpretation. Headings in this Agreement are for reference purposes only and do not affect its interpretation. The word “or” is inclusive, not exclusive. “Including” means “including, but not limited to.” Words in the singular form shall include the plural, and words in the plural form shall include the singular, unless the context requires otherwise. All pronouns include masculine, feminine, and gender-neutral forms.

16.12        Electronic Acceptance. You agree that electronic acceptance of this Agreement constitutes a legally binding signature and has the same force and effect as a handwritten signature. This Agreement has been entered into voluntarily and without any undue influence or coercion by Canrover.

16.13        Contact Information. Questions regarding this Agreement may be directed to:

CANROVER INC.

Address:

Email: info@canrover.com

RIDER ACKNOWLEDGEMENT

BY CLICKING “I AGREE,” CREATING AN ACCOUNT, RENTING A VEHICLE, OR USING THE SERVICES, I ACKNOWLEDGE THAT:

  • I HAVE READ THIS AGREEMENT IN ITS ENTIRETY;
  • I UNDERSTAND ITS TERMS;
  • I UNDERSTAND THAT I AM GIVING UP CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE;
  • I FREELY ACCEPT AND ASSUME ALL RISKS ASSOCIATED WITH USE OF THE SERVICES;
  • I AGREE TO BE LEGALLY BOUND BY THIS AGREEMENT; AND
  • I AM AT LEAST EIGHTEEN (18) YEARS OF AGE.

Schedule “A”

Personal Rental Program

The following terms apply with respect to the rental of Vehicles under the Personal Rental Program (“Personal Rentals”). With respect to Personal Rentals, the terms of this Schedule “A” shall take priority over any inconsistent or contradictory terms in the Agreement. All other terms of the Agreement shall apply.

General. Under the Personal Rentals program, Operator may rent a Vehicle to you for your personal use on an extended basis, such as on a weekly or monthly basis. Except as specified in this Schedule “A”, you are responsible for the rented Vehicle during the entire Personal Rentals period, including safeguarding the Vehicle at all times, storing the Vehicle securely overnight and when not in use, and ensuring the Vehicle has adequate charge for your use. As a Personal Rental, the Vehicle shall not be available for rent by other Riders. In addition, you may not use the Vehicle for commercial purposes without the Operator’s consent.

Availability. The Personal Rentals program may only be available in select markets and for select time periods, in the Operator’s discretion. The Operator may suspend or terminate the program at any time.

Delivery & Pick-Up. The Vehicle will be delivered to a designated location approved by Canrover on a requested delivery date, subject to availability, weather conditions, and operational considerations. Upon expiration or termination of the rental period, the Rider shall make the Vehicle available for pick-up at a designated location approved by Canrover in accordance with any instructions provided by Canrover. The Rider shall also return all equipment supplied with the Vehicle, including any chargers, power cords, locks, keys, or other accessories.

The Rider is responsible for returning the Vehicle and all associated equipment in substantially the same condition in which they were provided, ordinary wear and tear excepted. The Rider shall be responsible for any costs, fees, charges, losses, or damages arising from a failure to make the Vehicle available for pick-up at the scheduled date and time, a failure to return any associated equipment, or damage to the Vehicle or equipment beyond ordinary wear and tear.

Storage and Security. When not in use, the Rider shall store the Vehicle in a secure location and take reasonable precautions to prevent theft, vandalism, or damage. The Rider shall not leave the Vehicle unattended in a manner that creates an unreasonable risk of loss or theft.

Damage to Vehicles. In addition to your potential responsibility for damage to Vehicles and related equipment provided or made available by the Operator in accordance with Section 5.10, you should report any damage, malfunction or other functional impairment of the Vehicle through the App or by email. The Operator will review the information you provide and may request additional information. After review, the Operator may, in its discretion, offer to swap the Vehicle for another Vehicle or request return of the Vehicle, in which case it will schedule an appropriate drop-off & delivery time with you.

Charging the Vehicle. Notwithstanding Section 5.12 of the Agreement, the Rider is responsible for charging the Vehicle using only charging equipment approved or supplied by Canrover. The Rider shall not charge the Vehicle while it is wet or if there is any risk of water intrusion into the battery or electrical components. If the Vehicle becomes submerged in water or the Rider reasonably suspects water intrusion, the Rider shall immediately cease using and charging the Vehicle and promptly notify Canrover.

Maintenance and Replacement. Canrover reserves the right, upon reasonable notice, to inspect, service, repair, replace, or recall any Vehicle during the Personal Rental period. The Rider shall cooperate with Canrover in arranging access to the Vehicle for such purposes.

Fees. Fees for Personal Rentals shall be as specified in the App and are non-refundable. Fees will be charged beginning on the date the Vehicle is delivered. Fees may continue on a recurring basis until cancelled or otherwise terminated.

Maximum Rental Time. Section 6.2 of the Agreement shall not apply to Personal Rentals.

Lost or Stolen Vehicle. Section 5.11 of the Agreement is replaced, solely with respect to Personal Rentals, by the following:

“A Vehicle may be deemed lost or stolen if: (a) the Vehicle is not returned upon expiration of the Personal Rental period; or (b) Canrover otherwise has reasonable grounds to believe that the Vehicle has been lost or stolen. If Canrover determines that a Vehicle is lost or stolen, Canrover may take any action it considers appropriate, including seeking restitution or other compensation and reporting the matter to law enforcement authorities. The Rider shall promptly report any loss, disappearance, or theft of a Vehicle to Canrover.”

TERMS OF SERVICE

 

Effective Date:

PLEASE READ THIS AGREEMENT CAREFULLY. THIS AGREEMENT AFFECTS YOUR LEGAL RIGHTS AND OBLIGATIONS. BY ACCESSING OR USING THE SERVICES, INCLUDING RENTING OR OPERATING A VEHICLE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THIS AGREEMENT. WITHOUT LIMITING THE FOREGOING, THIS AGREEMENT CONTAINS PROVISIONS REGARDING THE ASSUMPTION OF RISK, RELEASE OF CLAIMS, INDEMNIFICATION, DISCLAIMERS OF WARRANTIES, LIMITATIONS OF LIABILITY, AND DISPUTE RESOLUTION. THESE PROVISIONS MAY LIMIT OR AFFECT YOUR RIGHT TO COMMENCE LEGAL PROCEEDINGS OR RECOVER DAMAGES. IF YOU DO NOT AGREE TO THIS AGREEMENT, YOU MUST NOT ACCESS OR USE THE SERVICES.

 

You should retain a copy of these Terms of Service for your records.

 

Key Points:

By creating an account, renting, unlocking, operating, or otherwise using a Vehicle, you agree to this Agreement. The following is only a summary of certain important terms and does not replace the full Agreement:

  • Ride Charges Continue Until You End Your Ride. You must properly end your rental through the App. If you fail to do so, rental charges and other applicable fees may continue to accrue until the rental is properly concluded.

  • You Are Responsible for the Vehicle During Your Rental. You may be responsible for loss of or damage to a Vehicle or related equipment occurring during your rental period, including costs of repair, replacement, recovery, or retrieval.

  • Park Responsibly. At the end of your ride, you must park the Vehicle in a lawful, safe, and authorized location and must not leave it on private property without permission, in restricted areas, or in a manner that obstructs pedestrians, accessibility routes, entrances, exits, or public rights-of-way.

  • Follow All Laws and Safety Requirements. You must operate the Vehicle safely and comply with all applicable traffic laws, by-laws, parking restrictions, and other legal requirements. Canrover strongly recommends wearing a properly fitted helmet at all times while riding.

  • Inspect Before Riding. Before using a Vehicle, you must inspect it for visible damage, defects, or safety issues and must not use a Vehicle that appears unsafe or in need of repair.

  • Report Accidents and Damage Promptly. Any accident, injury, theft, damage, malfunction, or other incident involving a Vehicle must be reported to Canrover as soon as possible through the App or by email.

  • Vehicle Use Involves Significant Risks. Riding an electric scooter and electric bike involves inherent risks that may result in property damage, serious injury, disability, or death. By using the Services, you voluntarily assume these risks.

  • You Release Certain Legal Claims. This Agreement contains a release of liability, indemnity, disclaimer of warranties, and limitation of liability provisions that affect your legal rights and may limit your ability to recover damages from Canrover and other parties involved in providing the Services.

  • Location and Usage Data Are Collected. Vehicles may use GPS and other technologies to monitor location, ride activity, parking locations, and operational information in accordance with the Privacy Policy.

  • You Authorize Charges to Your Payment Method. By using the Services, you authorize Canrover to charge your payment method for rental fees, taxes, damage charges, recovery costs, fines, penalties, and other amounts payable under this Agreement.

Canrover agrees to make the Services and Vehicles available to you in accordance with this Agreement, and you agree to comply with all of its terms. Unless otherwise stated, all monetary amounts referred to in this Agreement are in Canadian dollars (CAD).

1        DEFINITIONS

In these Terms of Service:

  • Agreement” means these Terms of Service, together with any policies incorporated by reference, including the Privacy Policy.

  • App” means the Canrover mobile application and any related software used to access or operate the Services.

  • Claims” is defined in Section 10.1 of the Agreement.

  • Host” means a User who, through a single account, unlocks or rents multiple Vehicles for use by other riders participating in a group ride pursuant to Section 5.14.

  • Indemnified Parties” is defined in Section 11.1 of the Agreement.

  • Operator“, “Canrover“, “we“, “our“, or “us” means Canrover Inc., a corporation incorporated under the laws of Manitoba, together with its directors, officers, employees, contractors, agents, affiliates, successors and assigns.

  • Personal Rental Program” means Canrover’s extended-duration vehicle rental program, pursuant to which a User may rent a Vehicle for personal use on a weekly, monthly, or other longer-term basis, subject to the additional terms and conditions applicable to that program.

  • Personal Rentals” means the rental of a Vehicle under the Personal Rental Program described in Schedule “A” to this Agreement.

  • Privacy Policy” means Canrover’s privacy policy, as amended from time to time, which describes how Canrover collects, uses, stores, discloses, and otherwise processes personal information in connection with the Services.

  • Released Parties” is defined in Section 10.1 of the Agreement.

  • Rider“, “you“, or “your” means the individual who accesses or uses the Services or rents, unlocks, operates, or otherwise uses a Vehicle.

  • Services” means the website, App, scooter rental platform, Vehicle, equipment, support services, ride management services, payment processing services, and all related products and services made available by Canrover.

  • Vehicle” or “Vehicles” means any electric scooter, electric bike or similar vehicle, together with any associated equipment, accessories, components, locks, chargers, helmets, or related items, made available by Canrover for use through the Services, whether owned, leased, licensed, or otherwise operated by Canrover.

  • User Account” means a Rider account created through the App or Services.

2        USE OF THE SERVICES

This Agreement governs your access to and use of the Services, including the rental and operation of Vehicles. By accessing or using the Services, you represent, warrant, and covenant that:

  1. you are at least eighteen (18) years of age;

  2. you have the legal capacity, authority, and competence to enter into and be bound by this Agreement;

  3. you will comply with this Agreement and all applicable laws, regulations, bylaws, permits, orders, and rules governing your use of the Services and any Vehicle; and

  4. all information provided to Canrover is true, accurate, current, and complete, and you will promptly update such information as necessary to ensure it remains accurate.

Canrover reserves the right to require proof of identity, age, eligibility, or authority to use the Services at any time and may suspend or terminate access to the Services if such proof is not provided or if Canrover determines, in its sole discretion, that a User does not satisfy the requirements of this Agreement.

3        USER ACCOUNTS

3.1              Account Registration. Access to certain Services requires creation of a User Account. You agree to provide accurate, current, and complete information when creating and maintaining your User Account. You shall promptly update any information that becomes inaccurate.

3.2                 Account Security

You are responsible for:

 

  1. maintaining the confidentiality of your login credentials;

  2. restricting access to your account;

  3. all activities occurring under your account; and

  4. notifying Canrover immediately of any unauthorized access or use.

 

Canrover is not responsible for losses arising from unauthorized use of your account.

 

3.3       Suspension and Termination

Canrover may, at any time and in its sole discretion, suspend, restrict, or terminate your access to the Services or your account, with or without notice, if:

  1. you breach this Agreement or any applicable law;

  2. Canrover reasonably believes that your use of the Services presents a safety, security, legal, or operational risk;

  3. any payment owing by you cannot be processed or remains outstanding;

  4. Canrover suspects fraudulent, unauthorized, deceptive, or unlawful activity;

  5. you provide false, inaccurate, or misleading information; or

  6. Canrover determines that suspension or termination is necessary to protect Canrover, its personnel, Users, Vehicles, property, business operations, or the public.

Without limiting the foregoing, Canrover reserves the right to suspend, restrict, or terminate access to the Services at any time and for any reason, in its sole discretion.

Upon suspension or termination of your access to the Services:

  1. your right to access and use the Services will immediately cease;

  2. Canrover shall have no obligation to provide any refund of fees previously paid, except as required by applicable law;

  3. you remain responsible for all amounts owing, including rental charges, fees, fines, penalties, damage charges, recovery costs, and any other amounts accrued prior to the effective date of suspension or termination; and

  4. Canrover may take any steps reasonably necessary to recover a Vehicle, enforce this Agreement, or protect its rights and property.

Termination or suspension of the Services shall not affect any rights, remedies, obligations, or liabilities that accrued prior to the date of termination or suspension. Any provision of this Agreement which by its nature is intended to survive termination, including provisions relating to payment obligations, intellectual property, disclaimers, releases, limitations of liability, indemnities, dispute resolution, and governing law, shall survive and continue in full force and effect.

4        MOBILE APPLICATION LICENCE

Subject to this Agreement, Canrover grants you a limited, personal, revocable, non-exclusive, non-transferable, non-sublicensable licence to download and use the App solely for your personal use in connection with the Services.

 

You shall not:

 

  1. reverse engineer, decompile, or modify the App;

  2. copy, reproduce, distribute, or commercially exploit the App;

  3. circumvent security features;

  4. interfere with the operation of the App; or

  5. use the App in any unlawful manner.

 

All intellectual property rights in the App and Services remain the exclusive property of Canrover and its licensors.

 

5        RENTAL AND USE OF A VEHICLE

5.1              Rental of Vehicle. Subject to this Agreement, Canrover grants the Rider a limited, personal, non-exclusive, non-transferable, and revocable licence to rent and operate Vehicles through the Services for lawful purposes. Each rental constitutes a temporary licence to use a Vehicle and does not transfer any ownership, possessory, proprietary, or other interest in the Vehicle or any related equipment.

The Rider acknowledges and agrees that all Vehicles and related equipment remain the sole and exclusive property of Canrover or its licensors and suppliers. The Rider shall not damage, dismantle, modify, alter, deface, reverse engineer, interfere with, or otherwise tamper with any Vehicle or related equipment. Unless expressly authorized in writing by Canrover, Vehicles may only be used for personal, non-commercial purposes and may not be rented, leased, hired out, or otherwise used for commercial gain or the benefit of any third party.

5.2              Eligibility and Rider Representations

In addition to the representations, warranties, and covenants set out in Section 2, each Rider represents and warrants that:

  1. you are physically and mentally capable of safely operating a Vehicle and are not impaired by alcohol, cannabis, medication, drugs, fatigue, illness, injury, or any other condition that may affect your ability to do so safely;

  2. the Rider possesses the knowledge, skill, and experience necessary to operate a Vehicle safely and in accordance with this Agreement and all applicable laws;

  3. the Rider has reviewed any safety instructions, guidance, warnings, or educational materials made available by Canrover through the App, website, or otherwise; and

  4. the Rider will independently assess weather, road, traffic, and other environmental conditions before and during operation of a Vehicle and will not operate a Vehicle where such conditions make operation unsafe.

Canrover is entitled to rely upon the foregoing representations and warranties without further inquiry.

5.3              Authorized User. Subject to Section 5.14, a Vehicle rented through the Rider’s account may only be operated by the Rider who initiated the rental unless otherwise expressly authorized by Canrover through the Services. The Rider shall not permit any other person to operate, use, possess, or control a Vehicle rented through the Rider’s account. The Rider remains fully responsible for all use of the Vehicle and for compliance with this Agreement during the rental period.

5.4              Vehicle Availability and Service Area. Vehicle availability is not guaranteed. Canrover may, at any time and in its sole discretion, establish operating hours, designate service areas, create restricted-use or no-ride zones, limit the availability of Vehicles, suspend operations, or require the return of a Vehicle. The Rider shall only operate and park a Vehicle within areas authorized by Canrover and shall comply with all geographic restrictions communicated through the App or otherwise established by Canrover. Upon completion of a ride, the Rider shall park the Vehicle in a lawful, safe, and authorized public location in accordance with Canrover’s instructions and all applicable laws.

The Rider acknowledges that Canrover does not control, maintain, inspect, or designate the routes, roadways, sidewalks, bicycle lanes, paths, or other areas in which a Vehicle may be operated, and makes no representation or warranty regarding the safety of any route or location. The Rider is solely responsible for assessing road, traffic, weather, construction, and other environmental conditions before and during use of a Vehicle and for determining whether such conditions make operation unsafe.

5.5              Compliance with Laws. The Rider shall operate the Vehicle in a safe, prudent, and lawful manner and shall comply with all applicable federal, provincial, and municipal laws, regulations, by-laws, and ordinances relating to the operation, parking, charging, and use of the Vehicle. Without limiting the generality of the foregoing, the Rider shall comply with all traffic laws, roadway regulations, helmet requirements, parking restrictions, and any other legal requirements applicable in the jurisdiction where the Vehicle is operated. The Rider assumes sole responsibility for any fines, penalties, tickets, impound charges, or other consequences arising from the Rider’s failure to comply with applicable laws.

5.6              Prohibited Use

The Rider shall not:

 

  1. operate a Vehicle while impaired by alcohol, cannabis, medication, narcotics, or any substance that may impair the Rider’s ability to operate the Vehicle safely;

  2. carry any passenger, child, or other person on the Vehicle, or tow any person, vehicle, trailer, or object;

  3. carry, transport, or secure any item that may interfere with the safe operation of the Vehicle, obstruct the Rider’s view, impair balance, or affect the Rider’s ability to maintain proper control of the Vehicle, including, but not limited to, briefcases, backpacks or large bags;

  4. operate or use the Vehicle if the combined weight of the Rider and any allowed cargo, equipment, or personal belongings exceeds the maximum weight limit specified by Canrover or the Vehicle manufacturer;

  5. place any object on the handlebars of the Vehicle that may interfere with steering, braking, visibility, or safe operation;

  6. use a mobile phone, electronic device, headphones, or similar equipment while operating the Vehicle, except where permitted by applicable law and used solely for navigation through an approved hands-free mounting device;

  7. use the Vehicle for racing, competitions, stunt riding, trick riding, or any other hazardous, reckless, or prohibited activity;

  8. operate the Vehicle in a reckless, dangerous, negligent, or unlawful manner;

  9. operate the Vehicle on terrain or in conditions for which it is not intended, including through standing water, flooded areas, unpaved roads or in locations where operation is prohibited by law;

  10. transport, relocate, remove, or operate the Vehicle outside of authorized service areas or in any restricted or prohibited zone designated by Canrover;

  11. interfere with, damage, disable, alter, remove, reverse engineer, or tamper with any component of the Vehicle or any tracking, communication, charging, safety, or security system;

  12. attach any unauthorized lock, device, accessory, or equipment to the Vehicle, or secure the Vehicle in a manner not authorized by Canrover;

  13. park, leave, or abandon the Vehicle on private property without authorization, in restricted areas, in a manner that obstructs pedestrians, accessibility routes, entrances, exits, roadways, or public rights-of-way, or otherwise contrary to applicable laws or Canrover’s instructions;

  14. use the Vehicle for any commercial or revenue-generating purpose, including delivery, courier, transportation-for-compensation, or rental activities, without Canrover’s prior written consent; or

  15. use the Vehicle in any manner that may damage the Vehicle, endanger any person or property, interfere with the use and enjoyment of public spaces, or expose Canrover to liability.

 

Any use of a Vehicle contrary to this Agreement constitutes unauthorized use.

 

5.7              Rider Inspection and Condition of Vehicle. Prior to each use of a Vehicle, the Rider shall conduct a reasonable inspection to satisfy themselves that the Vehicle is in safe operating condition. Without limiting the foregoing, the Rider shall inspect the wheels, brakes, throttle, lights, frame, battery charge level, and any other visible components that may affect the safe operation of the Vehicle. The Rider shall not operate a Vehicle that appears damaged, defective, unsafe, improperly maintained, or otherwise in need of repair, and shall promptly report any such condition to Canrover through the App or by email.

By commencing a ride, the Rider represents and acknowledges that they have completed the foregoing inspection, determined that the Vehicle is in satisfactory operating condition and suitable for its intended use, and accepted the Vehicle in its then-current condition, except for any defect or condition previously reported to Canrover.

5.8              Helmets. The Rider shall comply with all applicable laws respecting the use of helmets and other protective equipment. Canrover strongly recommends that the Rider wears a properly fitted and securely fastened helmet while operating a Vehicle, regardless of whether such use is required by law. The Rider acknowledges that the decision to wear a helmet or other protective equipment is solely the Rider’s responsibility and that operating a Vehicle without appropriate protective equipment may increase the risk of injury. The Rider assumes all risks associated with failing to wear a helmet or other protective equipment.

5.9              Accidents, Damage and Reporting Obligations. The Rider shall immediately discontinue use of a Vehicle if it is involved in an accident, collision, malfunction, theft, or any other incident that may affect its safe operation. The Rider shall promptly notify Canrover, through the App or by email, of any accident, injury, property damage, traffic violation, theft, loss, damage, malfunction, or other incident involving a Vehicle or related equipment. Where required by law, or where an incident results in personal injury, significant property damage, or the theft or loss of a Vehicle, the Rider shall promptly notify the appropriate law enforcement authorities and, in any event, within twenty-four (24) hours of the incident. The Rider shall cooperate fully with Canrover, its insurers, and any governmental or law enforcement authority in connection with the investigation of any such incident and shall provide such information and documentation as may reasonably be requested.

5.10           Responsibility for Loss or Damage. The Rider shall return the Vehicle and all associated equipment in substantially the same condition in which they were provided, ordinary wear and tear excepted. The Rider is responsible for any loss of or damage to a Vehicle or related equipment occurring during the rental period, including damage resulting from misuse, vandalism, theft, unauthorized use, improper parking, or failure to secure the Vehicle, except to the extent caused solely by Canrover’s gross negligence or wilful misconduct. Canrover may recover from the Rider the reasonable cost of repairing or replacing any damaged, lost, or stolen Vehicle or related equipment, together with any associated administrative, recovery, legal, collection, or enforcement costs incurred by Canrover.

The Rider acknowledges that homeowner’s, tenant’s, renter’s, automobile, or other insurance policies may not provide coverage for incidents arising from the use of a Vehicle. The Rider is solely responsible for determining whether any insurance coverage is available. To the extent the Rider maintains insurance applicable to any claim arising from the Rider’s use of the Services or a Vehicle, such insurance shall be primary and non-contributory to any insurance maintained by Canrover.

5.11           Lost or Stolen Vehicles. A Vehicle or related equipment may be deemed lost or stolen where Canrover reasonably determines that the Vehicle or equipment has not been returned, has been abandoned, has been left in an unauthorized location, has been tampered with, or is otherwise missing under circumstances suggesting loss, theft, or unauthorized possession. Without limiting the foregoing, Canrover may deem a Vehicle lost or stolen where: (a) it is not returned within twenty-four (24) hours after the rental period has ended; (b) any tracking, communication, or security system has been disabled, removed, or tampered with; (c) it is left on private property, in a restricted area, or in another unauthorized location; or (d) other circumstances reasonably indicate that the Vehicle has been lost, stolen, or unlawfully retained.

Canrover may hold the last Rider responsible for a lost or stolen Vehicle unless the Rider establishes, acting reasonably, that they were not responsible for the loss. In the event of suspected loss or theft, Canrover may take any action it considers appropriate, including recovering the Vehicle, seeking restitution or damages, charging applicable fees, and reporting the matter to law enforcement authorities. The Rider shall promptly report any disappearance, theft, loss, or damage involving a Vehicle or related equipment to Canrover through the App or by email.

5.12           Electric Vehicles. The Rider acknowledges that the Vehicles are battery-powered and require periodic charging to operate. Battery levels decrease with use and may affect a Vehicle’s speed, performance, range, and other operating capabilities. The battery charge available at the commencement of a rental is not guaranteed and may vary between Vehicles. Battery consumption and operating range are affected by numerous factors, including distance travelled, rider weight, terrain, road and weather conditions, temperature, riding habits, and other circumstances beyond Canrover’s control.

Canrover makes no representation, warranty, or guarantee regarding the battery level, operating range, or duration of operation of any Vehicle. The Rider is solely responsible for checking the battery level before commencing a ride and determining whether the available charge is sufficient for the Rider’s intended use. The Rider acknowledges that a Vehicle may lose power or cease operating at any time due to battery depletion and may not be capable of reaching the Rider’s intended destination. If this occurs, the Rider remains responsible for safely securing the Vehicle and properly concluding the rental in accordance with this Agreement.

Except as expressly permitted under a Personal Rental Program or with Canrover’s prior written consent, the Rider shall not charge, attempt to charge, or permit any other person to charge a Vehicle. Any such charging is undertaken entirely at the Rider’s own risk, and the Rider assumes full responsibility for all resulting losses, damages, injuries, liabilities, claims, costs, expenses, fines, penalties, and legal fees. Canrover shall have no liability for any injury, death, property damage, or other loss arising directly or indirectly from the charging or attempted charging of a Vehicle by the Rider or any third party acting on the Rider’s behalf.

5.13           Mobile Device Requirements and Active Internet Connection. Use of the Services requires a compatible mobile device, the App, and an active internet connection. The Rider is solely responsible for obtaining and maintaining any device, wireless service, internet connection, software, and equipment necessary to access and use the Services, including all associated costs and charges.

An active internet connection is required to locate, unlock, rent, and conclude the rental of a Vehicle. If the Rider is unable to access or use the App due to network interruption, device malfunction, battery depletion, software issues, or any other circumstance, the Rider remains responsible for all fees and charges accruing until the rental is properly concluded. By downloading or using the App, the Rider agrees to comply with any applicable terms governing its use. Any personal information collected through the App will be handled in accordance with the applicable privacy policy, including Canrover’s Privacy Policy where Canrover operates the App.

5.14           Group Rides. Canrover may, in its sole discretion, permit a User to unlock or rent multiple Vehicles through a single account for use by other riders participating in a group ride. The account holder who initiates the group ride (the “Host“) shall remain responsible for all Vehicles rented through the Host’s account and shall be jointly and severally liable for all fees, charges, losses, damages, claims, fines, penalties, and other obligations arising from the use of those Vehicles by the Host or any participating rider.

The Host represents and warrants that each participating rider is at least eighteen (18) years of age, has accepted this Agreement in the manner required by Canrover, and is legally permitted to operate a Vehicle. The Host shall ensure that all participating riders comply with this Agreement and all applicable laws and shall remain responsible for all rental charges, parking violations, damage to Vehicles, and any other loss, liability, fee, or expense arising from the acts or omissions of any participating rider. Canrover may require participating riders to provide identifying information, including an email address, and to accept this Agreement before operating a Vehicle.

6        PAYMENT TERMS AND FEES

6.1              Fees and Charges. The fees payable for use of the Services shall be those displayed in the App or otherwise communicated by Canrover from time to time. Depending on the Services used, fees may include activation fees, time-based charges (with time rounded up to the nearest minute), distance-based charges, subscription fees, municipal or regulatory fees, taxes, parking violation charges, pick up fees, damage charges, administrative fees, and any other fees or charges disclosed through the Services.

Canrover may be required by law, municipal bylaw, permit condition, or regulatory requirement to assess or collect certain fees, fines, penalties, or charges arising from a Rider’s use of the Services. The Rider agrees that Canrover may charge the Rider for any such amounts, together with any reasonable administrative costs incurred by Canrover in connection with their collection or administration.

Canrover reserves the right to modify its pricing, fee structure, or charging methodology at any time. Updated pricing shall be made available through the App or otherwise communicated to the Rider and shall apply to rentals and Services used after the effective date of the change.

6.2              Maximum Rental Time and Charges. The Rider agrees to end each Vehicle rental within twenty-four (24) hours of initiating the rental, unless the rental is made under the Personal Rental Program. Rental time commences when the Vehicle is unlocked through the App and continues until the Rider receives confirmation through the App that the rental has been properly concluded. If a rental is not properly ended, charges will continue to accrue until the rental is terminated in accordance with this Agreement. Where technical issues prevent the Rider from ending the rental, the Rider must promptly report the issue through the App; failure to do so may result in continued charges.

If a Vehicle is not returned within forty-eight (48) hours of the commencement of the rental, it may be deemed lost or stolen, and the Rider may be charged the full replacement value of the Vehicle, together with any applicable administrative, recovery, or other associated fees.

Canrover may apply additional service fees for rentals exceeding twenty-four (24) hours where the Vehicle is not deemed lost or stolen.

6.3              Payment Method. The Rider must provide and maintain a valid payment method (such as a credit card, debit card, prepaid card, or other payment method made available through the App) in order to use the Services. By providing a payment method, the Rider authorizes Canrover to charge all fees and charges incurred under this Agreement, including taxes, regulatory charges, fines, penalties, and any other amounts payable in connection with the Services. The Rider represents and warrants that: (a) the Rider is authorized to use the payment method provided; (b) all payment information supplied is true, accurate, and complete; and (c) the Rider will promptly update any changes to their payment information. If the payment method expires, becomes invalid, or cannot be charged, the Rider remains responsible for all amounts owing and authorizes Canrover to attempt to charge any updated or alternative payment method associated with the Rider’s account, where permitted by law.

6.4              Pick Up Fees. If the Rider is unable to return a Vehicle to a valid designated area (including where a Vehicle is deactivated on private property, within a locked or inaccessible area, or otherwise in a location that cannot be readily accessed), and requests that Canrover retrieve the Vehicle, Canrover may, in its sole discretion, charge a pick up fee. If a Vehicle is abandoned without notice, the Rider remains responsible for all applicable trip fees until the Vehicle is recovered and deactivated, together with any applicable recovery or service charges incurred by Canrover in connection with its retrieval.

6.5              Failure of Payment.

If payment cannot be successfully processed:

 

  1. Canrover may suspend or terminate your access to the Services;

  2. Canrover may pursue collection of all outstanding amounts;

  3. you shall remain liable for all unpaid amounts; and

  4. you shall reimburse Canrover for all reasonable costs incurred in collecting outstanding amounts, including collection fees, legal fees, court costs, and administrative expenses.

 

6.6              Disputed Charges. The Rider must notify Canrover of any disputed charge within ten (10) business days of the charge appearing on the Rider’s account, together with sufficient details to identify the charge, including the relevant ride dates and times. Failure to provide notice within this period constitutes acceptance of the charge.

For automatic or other recurring charges, Canrover will continue to charge the Rider’s payment method until the Rider cancels the Services or the account is terminated. Cancellation must be completed through the App in accordance with the applicable instructions.

6.7              Promotional Codes. Canrover may issue promotional codes, referral codes, discounts, credits, or similar incentives. Promotional offers:

  1. must be used strictly for their intended purpose;

  2. may be modified, suspended, or cancelled by Canrover at any time without notice;

  3. have no cash value and are not redeemable for cash;

  4. may be subject to value limits, usage limits, or other restrictions;

  5. may not be sold, transferred, or assigned unless expressly authorized by Canrover;

  6. may be revoked if used fraudulently or in breach of this Agreement; and

  7. may expire prior to use.

 

7        PRIVACY AND LOCATION TRACKING

7.1           Privacy Policy. Canrover collects, uses, discloses, and stores personal information in accordance with its Privacy Policy, which is incorporated into this Agreement by reference. By using the Services, the Rider consents to such collection, use, disclosure, and retention of personal information as described in the Privacy Policy. This includes, without limitation, information such as name, contact information, payment details, and other personally identifiable information provided by the Rider. Canrover will handle personal information in accordance with applicable privacy laws and will take reasonable measures to protect such information.

The Rider acknowledges that, in connection with the Services, Canrover may collect operational and usage data relating to Vehicles and rides, including: (a) Vehicle location; (b) ride routes; (c) ride duration; (d) Vehicle status; (e) parking locations; (f) battery levels; (g) operational data; and (h) compliance with this Agreement. Such information may be used by Canrover for operational, safety, legal, regulatory, investigative, insurance, and business purposes.

7.2           GPS Tracking. Vehicles may contain GPS devices, cellular communication systems, sensors, cameras, geofencing technology, and other monitoring technologies.

7.3           Disclosure of Information. Canrover may disclose Rider information where such disclosure is:

  1. required by applicable law, regulation, subpoena, court order, or legal process;

  2. requested by law enforcement, governmental, or regulatory authorities;

  3. reasonably necessary to investigate or address incidents, accidents, injuries, fraud, theft, misuse, or other unlawful or improper activity;

  4. required under any municipal agreement, operating permit, or similar arrangement applicable to Canrover’s operations;

  5. necessary to protect, enforce, or defend Canrover’s legal rights, property, or safety, or the rights, property, or safety of Riders, third parties, or the public; or

  6. otherwise permitted by applicable law.

7.4           License to Image and Likeness. To the extent permitted by law, the Rider grants Canrover a worldwide, perpetual, irrevocable, royalty-free right and licence to capture, use, reproduce, publish, display, and distribute the Rider’s name, image, likeness, appearance, and voice as recorded or captured during the Rider’s use of the Services.

This licence applies to all media formats now known or later developed and may be used by Canrover for operational, safety, promotional, advertising, marketing, or publicity purposes without further notice, consent, or compensation to the Rider. The Rider acknowledges that such use may occur without limitation as to time or geographic scope.

The Rider waives any right to inspect or approve such use and releases Canrover from any and all Claims arising out of the use of such materials, including Claims for invasion of privacy, publicity rights, or defamation, to the extent permitted by applicable law.

8        INTELLECTUAL PROPERTY

8.1              Intellectual Property. The Services, including the App, website, software, designs, logos, trademarks, graphics, text, content, photographs, videos, data, and all related intellectual property, are owned by Canrover or its licensors. Nothing in this Agreement transfers to you any ownership rights in any intellectual property relating to the Services.

Except as expressly permitted under this Agreement or with Canrover’s prior written consent, you shall not reproduce, distribute, modify, publish, reverse engineer, create derivative works from, or otherwise commercially exploit any portion of the Services with Canrover’s prior written consent.

9        ASSUMPTION OF RISK

9.1              Acknowledgement. The Rider acknowledges that the operation of electric scooters and electric bikes and use of the Services involves inherent and unpredictable risks, dangers, and hazards that cannot be eliminated regardless of the care exercised by Canrover. These risks may arise from known or unknown causes and may result from the negligence of the Rider, third parties, or Canrover. Such risks include, without limitation:

  1. collisions with vehicles, pedestrians, stationary objects, or other users;

  2. falls, loss of balance, or loss of control;

  3. mechanical, electrical, or battery failure;

  4. road defects, including potholes, cracks, or uneven surfaces;

  5. weather, traffic, and visibility conditions;

  6. actions or negligence of third parties, including motorists and other riders;

  7. failure to wear protective equipment;

  8. failure to comply with applicable laws or this Agreement; and

  9. serious injury, disability, paralysis, or death.

The Rider freely and voluntarily assumes all risks associated with the use of the Services, Vehicles, App, and related equipment.

9.2              Public Roads. The Rider acknowledges and agrees that use of Vehicles on public roads and infrastructure involves inherent risks, including risks arising from road conditions, pavement defects, traffic, and other hazards, and voluntarily assumes all such risks associated with use of the Services.

10     RELEASE OF LIABILITY

10.1           Release. In consideration of being permitted to use the Services, the Rider hereby releases and forever discharges Canrover and its affiliates, licensors, technology service providers, and their respective owners, operators, officers, directors, employees, contractors, agents, representatives, successors, assigns, municipal partners, permitting authorities, property owners, and any other persons involved in the provision or operation of the Services (collectively, the “Released Parties”) from and against any and all claims, demands, liabilities, actions, causes of action, damages, losses, costs, expenses, penalties, fines, judgments, settlements, legal fees, or expenses of any kind whatsoever (collectively, “Claims”) arising out of or relating to the Rider’s use of the Services, including the App, Vehicles, or related equipment.

This release applies to all Claims, whether known or unknown, foreseen or unforeseen, and regardless of whether such Claims arise in contract, tort (including negligence), occupiers’ liability, statute, equity, or otherwise, including Claims relating to personal injury, property damage, wrongful death, or economic loss. This release applies even if such Claims arise in whole or in part from the negligence of the Released Parties, to the maximum extent permitted by law, but does not apply to the extent such liability cannot be excluded under applicable law.

The Rider acknowledges and agrees that the release contained in this Section 10 is intended to be as broad and inclusive as permitted by applicable law. To the extent any Claim is not barred by this Section 10, such Claim shall remain subject to the limitations, exclusions, and restrictions set out in Section 13.

11     INDEMNIFICATION

11.1           Indemnification. To the fullest extent permitted by law, the Rider agrees to indemnify, defend, and hold harmless Canrover and its affiliates, licensors, technology service providers, and their respective owners, operators, officers, directors, employees, contractors, agents, representatives, successors, assigns, municipal partners, permitting authorities, property owners, and any other persons involved in the provision or operation of the Services (collectively, the “Indemnified Parties”) from and against any and all Claims arising out of or relating to:

 

a)    the Rider’s use or misuse of the Services, Vehicles, App, or related equipment;

b)    the Rider’s breach of this Agreement;

c)     the Rider’s violation of any applicable law, regulation, or bylaw;

d)    injury to any person or damage to any property caused by the Rider;

e)    improper parking, securing, or abandonment of a Vehicle;

f)      loss, theft, or recovery of a Vehicle;

g)    fraud, misconduct, or negligent behaviour; or

h)    any Claim brought by a third party arising out of or related to the Rider’s use of the Services.

11.2           Municipal Entities. The Rider acknowledges that certain municipal entities may, as a condition of permits, licenses, or operating agreements, require Canrover to provide indemnities or insurance coverage. To the extent any Claim triggers or relates to such municipal obligations, the Rider agrees that this indemnity applies, and further agrees to indemnify and hold harmless the Indemnified Parties in respect of any resulting liability, costs, or settlement amounts. The Rider also acknowledges and agrees that municipal entities involved in the operation or regulation of the Services are released and held harmless to the maximum extent permitted by law for any Claims arising from or related to the Rider’s use of the Services.

12     DISCLAIMERS

12.1           Service Availability. The Services are provided on an “as available” basis. Canrover does not guarantee that Vehicles will be available at any particular time or location or that the Services will operate without interruption, error, or disruption. Without limiting the foregoing, Canrover does not warrant that the App will be free from errors or that communications networks will be continuously available.

Canrover may suspend, modify, restrict, or discontinue any part of the Services at any time without liability. The Rider acknowledges and agrees that Canrover is not a common carrier and that the Services are provided solely as a convenience and may be unavailable or subject to limitations from time to time.

12.2           No Service Guarantees. Canrover disclaims all warranties, conditions, representations, and guarantees, whether express, implied, statutory, or otherwise, including any implied warranties of merchantability, fitness for a particular purpose, title, quality, durability, non-infringement, and quiet enjoyment. Without limiting the foregoing, Canrover does not warrant that:

a)    the Services will meet the Rider’s expectations or requirements;

b)    Vehicles will always operate properly or without malfunction;

c)     any Vehicle will be available when requested; or

d)    any defects, errors, or interruptions in the Services will be corrected.

 

13     LIMITATION OF LIABILITY

13.1           LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, AND WITHOUT LIMITING THE ASSUMPTIONS OF RISK, RELEASES AND DISCLAIMERS CONTAINED IN THIS AGREEMENT, THE RELEASED PARTIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO THE SERVICES, THE APP, THE VEHICLES, OR THIS AGREEMENT.

WITHOUT LIMITING THE FOREGOING, THE RELEASED PARTIES SHALL NOT BE LIABLE FOR ANY LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF BUSINESS OPPORTUNITY, LOSS OF DATA, LOSS OF GOODWILL, OR OTHER INDIRECT OR CONSEQUENTIAL LOSS.

IF, NOTWITHSTANDING THE OTHER PROVISIONS OF THIS AGREEMENT, ANY RELEASED PARTY IS FOUND LIABLE FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE SERVICES, THE APP, THE VEHICLES, OR THIS AGREEMENT, THE TOTAL AGGREGATE LIABILITY OF ALL RELEASED PARTIES SHALL NOT EXCEED THE GREATER OF:

a)    THE TOTAL AMOUNT PAID BY THE RIDER TO CANROVER DURING THE THREE (3) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR

b)    TWO HUNDRED AND FIFTY DOLLARS ($250.00).

14     GOVERNING LAW AND DISPUTE RESOLUTION

14.1        Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the Province of Manitoba and the federal laws of Canada applicable therein, without regard to conflict of law principles.

14.2        Initial Dispute Resolution. Rider support is available through the App to address concerns regarding the Services, Vehicles, or this Agreement. Before commencing arbitration or litigation, the parties agree to make reasonable efforts to resolve any dispute, claim, question, or disagreement through good-faith discussions and negotiations.

14.3        Binding Arbitration. Subject to Sections 14.6 and 14.7, any dispute, claim, or controversy arising out of or relating to the Services, the App, the Vehicles, this Agreement, or the relationship between the parties shall be resolved exclusively by final and binding arbitration.

The substantive law governing any dispute shall be the laws of the Province of Manitoba and the federal laws of Canada applicable therein. The arbitration shall be administered by a recognized arbitration service in accordance with its applicable rules, excluding any rules relating to class or representative proceedings.

The arbitrator shall have exclusive authority to determine all issues relating to the interpretation, applicability, enforceability, formation, or scope of this Agreement and this arbitration provision, including any claim that all or part of this Agreement is void or unenforceable. The arbitrator’s decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. Unless otherwise agreed by the parties:

a)     each party may conduct one deposition of the opposing party or one individual under the opposing party’s control;

b)     written discovery shall be limited to fifteen (15) interrogatories and fifteen (15) requests for production per party; and

c)     the arbitration proceedings and any award shall remain confidential except as required by law or for purposes of enforcement.

If the costs of arbitration exceed the costs of commencing an action in court, Canrover shall pay the difference.

14.4        Location and Venue. The arbitration shall take place in Manitoba, Canada, or at another location agreed upon by the parties.

For any dispute not subject to arbitration, or where court proceedings are permitted under this Agreement, the parties irrevocably attorn to the exclusive jurisdiction of the courts of Manitoba sitting in Winnipeg, Manitoba. Each party agrees to accept service of legal process by mail and waives any objection based on jurisdiction or venue.

14.5        Recovery of Costs. In any dispute arising under this Agreement, the prevailing party shall be entitled to recover its reasonable legal fees, costs, and expenses incurred in resolving, enforcing, or settling the dispute, whether incurred before trial, at trial, on appeal, or otherwise, in addition to any other relief to which it may be entitled.

If a party fails to comply with this Section 14, that party shall be responsible for the reasonable legal fees and costs incurred by the other party in enforcing this Section, including any application to compel arbitration.

14.6        Class Action Waiver. TO THE MAXIMUM EXTENT PERMITTED BY LAW, ALL DISPUTES SHALL BE RESOLVED ON AN INDIVIDUAL BASIS ONLY.

THE PARTIES AGREE THAT NEITHER PARTY MAY COMMENCE, PARTICIPATE IN, OR RECOVER RELIEF THROUGH ANY CLASS ACTION, REPRESENTATIVE ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR SIMILAR PROCEEDING.

YOU AND CANROVER AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF, CLASS MEMBER, REPRESENTATIVE PARTY, OR PARTICIPANT IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING.

14.7        Exceptions to Arbitration. Notwithstanding Section 14.3:

a)    either party may commence proceedings in a court of competent jurisdiction to protect or enforce intellectual property rights, including copyrights, trademarks, patents, trade secrets, and proprietary rights; and

b)    either party may bring a claim within the jurisdictional limits of a small claims court having jurisdiction over the dispute.

14.8        Right to Opt Out. The Rider may opt out of the arbitration and class action waiver provisions contained in this Section 14 by providing written notice to Canrover within thirty (30) days after the Rider’s first use of the Services.

The notice must be sent to Canrover by email. Failure to opt out within the required period constitutes acceptance of this Section 14. An opt-out shall not affect the enforceability of any prior arbitration agreement accepted by the Rider.

If the Rider validly opts out, Canrover shall likewise not be bound by the arbitration provisions of this Section 14 with respect to that Rider.

14.9        Third-Party Beneficiaries. Any municipality, government authority, permitting authority, property owner, manufacturer, supplier, distributor, or other entity that authorizes, facilitates, supplies, or supports the operation of the Services pursuant to a permit, agreement, or other arrangement with Canrover shall be deemed an intended third-party beneficiary of the arbitration and class action waiver provisions contained in this Section 14 and may enforce those provisions directly.

14.10     Changes to this Section. Canrover may amend this Section 14 by providing notice in accordance with this Agreement. Any amendment shall apply only to disputes arising after the effective date of the amendment and shall not apply retroactively.

14.11     Consumer Rights. Nothing in this Section 14 limits any rights, remedies, or protections that cannot be waived under applicable consumer protection legislation.

15     PERSONAL RENTAL PROGRAM

15.1           Personal Rental Program. The additional terms and conditions applicable to Riders participating in the Personal Rental Program are set out in Schedule “A” attached to and forming part of this Agreement. By participating in the Personal Rental Program, the Rider agrees to be bound by the terms and conditions set out in Schedule “A” in addition to the other provisions of this Agreement.

16     GENERAL PROVISIONS

16.1           Entire Agreement. This Agreement, together with any schedules, policies, and documents incorporated by reference, constitutes the entire agreement between the parties with respect to its subject matter and supersedes all prior or contemporaneous agreements, understandings, negotiations, representations, and communications, whether written or oral.

16.2           Notices. Any notice may be provided by Canrover to the Rider by email, through the App or Canrover’s website, or by any other reasonable electronic means using the contact information associated with the Rider’s account.

The Rider is responsible for maintaining accurate and current account and contact information. Notices provided by Canrover shall be deemed received: (a) immediately if delivered through the App; (b) when posted on Canrover’s website; or (c) on the date sent if delivered by email to the email address associated with the Rider’s account.

Any Notice to Canrover must be delivered to the contact information designated by Canrover from time to time and shall be deemed received when actually received by Canrover.

16.3           Amendments. Canrover may amend this Agreement from time to time by posting an updated version through the Services, the App, or on its website. The Rider is responsible for reviewing the current version of this Agreement. Where Canrover determines, in its sole discretion, that an amendment is material, Canrover may provide notice in accordance with Section 16.2. Continued use of the Services following the effective date of any amendment constitutes acceptance of the amended Agreement. Notwithstanding the foregoing, any amendment to the arbitration or class action waiver provisions contained in Section 14 shall be governed by the terms of that Section.

16.4           Pricing. Fees and pricing displayed through the App, the Services, or on Canrover’s website shall govern and may be updated from time to time. In the event of any inconsistency between pricing displayed through the Services and pricing referenced elsewhere in this Agreement, the pricing displayed through the Services shall prevail.

16.5           Severability. If any provision of this Agreement is determined to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.

16.6           No Waiver. Failure by Canrover to enforce any provision of this Agreement shall not constitute a waiver of that provision.

16.7           Canadian Dollars. Unless otherwise expressly stated, all amounts referred to in this Agreement, the Services, the App, or any fees, charges, penalties, credits, or other amounts payable under this Agreement are stated in and shall be paid in Canadian dollars (CAD).

16.8           Cumulative Remedies. All rights and remedies outlined in this Agreement are cumulative and non-exclusive. Resorting to one remedy does not preclude the availability of other remedies or rights provided by law.

16.9           Assignment. You may not assign or transfer this Agreement without Canrover’s prior written consent. Canrover may assign this Agreement without restriction.

16.10        Force Majeure. Canrover shall not be liable for any delay, interruption, suspension, failure, or inability to provide all or any part of the Services where such delay, interruption, suspension, failure, or inability results from causes beyond Canrover’s reasonable control, including, without limitation, acts of God, severe weather, floods, fires, earthquakes, epidemics, pandemics, public health emergencies, wars, terrorism, civil disturbances, labour disruptions, strikes, lockouts, shortages of materials or equipment, power outages, telecommunications failures, internet disruptions, failures of GPS, cellular or third-party technology systems, cyberattacks, governmental actions, changes in law, regulatory restrictions, permit suspensions or revocations, municipal orders, transportation disruptions, or any other event beyond Canrover’s reasonable control (each, a “Force Majeure Event”).

During a Force Majeure Event, Canrover may suspend, restrict, modify, relocate, remove, recover, deactivate, or discontinue Vehicles or any portion of the Services without liability. Canrover shall be entitled to a reasonable period of time to resume operations following the cessation of the Force Majeure Event.

Nothing in this Section relieves the Rider of any payment obligations, liabilities, or responsibilities accrued prior to the occurrence of the Force Majeure Event.

16.11        Interpretation. Headings in this Agreement are for reference purposes only and do not affect its interpretation. The word “or” is inclusive, not exclusive. “Including” means “including, but not limited to.” Words in the singular form shall include the plural, and words in the plural form shall include the singular, unless the context requires otherwise. All pronouns include masculine, feminine, and gender-neutral forms.

16.12        Electronic Acceptance. You agree that electronic acceptance of this Agreement constitutes a legally binding signature and has the same force and effect as a handwritten signature. This Agreement has been entered into voluntarily and without any undue influence or coercion by Canrover.

16.13        Contact Information. Questions regarding this Agreement may be directed to:

CANROVER INC.

 

Address:

 

Email: info@canrover.com

 

RIDER ACKNOWLEDGEMENT

 

BY CLICKING “I AGREE,” CREATING AN ACCOUNT, RENTING A VEHICLE, OR USING THE SERVICES, I ACKNOWLEDGE THAT:

 

  • I HAVE READ THIS AGREEMENT IN ITS ENTIRETY;

  • I UNDERSTAND ITS TERMS;

  • I UNDERSTAND THAT I AM GIVING UP CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE;

  • I FREELY ACCEPT AND ASSUME ALL RISKS ASSOCIATED WITH USE OF THE SERVICES;

  • I AGREE TO BE LEGALLY BOUND BY THIS AGREEMENT; AND

  • I AM AT LEAST EIGHTEEN (18) YEARS OF AGE.

 

 

Schedule “A”

Personal Rental Program

The following terms apply with respect to the rental of Vehicles under the Personal Rental Program (“Personal Rentals”). With respect to Personal Rentals, the terms of this Schedule “A” shall take priority over any inconsistent or contradictory terms in the Agreement. All other terms of the Agreement shall apply.

General. Under the Personal Rentals program, Operator may rent a Vehicle to you for your personal use on an extended basis, such as on a weekly or monthly basis. Except as specified in this Schedule “A”, you are responsible for the rented Vehicle during the entire Personal Rentals period, including safeguarding the Vehicle at all times, storing the Vehicle securely overnight and when not in use, and ensuring the Vehicle has adequate charge for your use. As a Personal Rental, the Vehicle shall not be available for rent by other Riders. In addition, you may not use the Vehicle for commercial purposes without the Operator’s consent.

Availability. The Personal Rentals program may only be available in select markets and for select time periods, in the Operator’s discretion. The Operator may suspend or terminate the program at any time.

Delivery & Pick-Up. The Vehicle will be delivered to a designated location approved by Canrover on a requested delivery date, subject to availability, weather conditions, and operational considerations. Upon expiration or termination of the rental period, the Rider shall make the Vehicle available for pick-up at a designated location approved by Canrover in accordance with any instructions provided by Canrover. The Rider shall also return all equipment supplied with the Vehicle, including any chargers, power cords, locks, keys, or other accessories.

The Rider is responsible for returning the Vehicle and all associated equipment in substantially the same condition in which they were provided, ordinary wear and tear excepted. The Rider shall be responsible for any costs, fees, charges, losses, or damages arising from a failure to make the Vehicle available for pick-up at the scheduled date and time, a failure to return any associated equipment, or damage to the Vehicle or equipment beyond ordinary wear and tear.

Storage and Security. When not in use, the Rider shall store the Vehicle in a secure location and take reasonable precautions to prevent theft, vandalism, or damage. The Rider shall not leave the Vehicle unattended in a manner that creates an unreasonable risk of loss or theft.

Damage to Vehicles. In addition to your potential responsibility for damage to Vehicles and related equipment provided or made available by the Operator in accordance with Section 5.10, you should report any damage, malfunction or other functional impairment of the Vehicle through the App or by email. The Operator will review the information you provide and may request additional information. After review, the Operator may, in its discretion, offer to swap the Vehicle for another Vehicle or request return of the Vehicle, in which case it will schedule an appropriate drop-off & delivery time with you.

Charging the Vehicle. Notwithstanding Section 5.12 of the Agreement, the Rider is responsible for charging the Vehicle using only charging equipment approved or supplied by Canrover. The Rider shall not charge the Vehicle while it is wet or if there is any risk of water intrusion into the battery or electrical components. If the Vehicle becomes submerged in water or the Rider reasonably suspects water intrusion, the Rider shall immediately cease using and charging the Vehicle and promptly notify Canrover.

Maintenance and Replacement. Canrover reserves the right, upon reasonable notice, to inspect, service, repair, replace, or recall any Vehicle during the Personal Rental period. The Rider shall cooperate with Canrover in arranging access to the Vehicle for such purposes.

Fees. Fees for Personal Rentals shall be as specified in the App and are non-refundable. Fees will be charged beginning on the date the Vehicle is delivered. Fees may continue on a recurring basis until cancelled or otherwise terminated.

Maximum Rental Time. Section 6.2 of the Agreement shall not apply to Personal Rentals.

Lost or Stolen Vehicle. Section 5.11 of the Agreement is replaced, solely with respect to Personal Rentals, by the following:

“A Vehicle may be deemed lost or stolen if: (a) the Vehicle is not returned upon expiration of the Personal Rental period; or (b) Canrover otherwise has reasonable grounds to believe that the Vehicle has been lost or stolen. If Canrover determines that a Vehicle is lost or stolen, Canrover may take any action it considers appropriate, including seeking restitution or other compensation and reporting the matter to law enforcement authorities. The Rider shall promptly report any loss, disappearance, or theft of a Vehicle to Canrover.”