Fetii Terms of Service

Last Updated and Effective: July 7, 2026

IMPORTANT: THIS AGREEMENT CONTAINS A BINDING INDIVIDUAL ARBITRATION PROVISION AND CLASS ACTION WAIVER (SECTION 18), WHICH AFFECT YOUR LEGAL RIGHTS AND INCLUDE A RIGHT TO OPT OUT (SECTION 18.9). IT ALSO CONTAINS NOTICE OF IN-VEHICLE AUDIO AND VIDEO RECORDING (SECTION 6).

1. The Fetii Platform; Nature of the Services

1.1 The Platform. Fetii Inc. ("Fetii," "we," "us," or "our") provides a technology platform, consisting of our mobile applications, websites, and related services (collectively, the "Fetii Platform" or the "Services"), that connects individuals and groups seeking transportation ("Riders," "you," or "your") with independent third-party transportation providers and the drivers they engage (collectively, "Third-Party Providers").

1.2 Fetii Is a Technology Company. Fetii does not provide transportation services. All transportation services arranged through the Fetii Platform are provided by Third-Party Providers, who are independent businesses and independent contractors. Third-Party Providers are not employees, agents, joint venturers, or partners of Fetii, and Fetii does not direct or control the manner or means by which they provide transportation services. Vehicles used to provide transportation services are owned, leased, financed, maintained, and operated by Third-Party Providers, not by Fetii. Third-Party Providers are solely responsible for their vehicles, drivers, operations, and safety practices, and for obtaining and maintaining all licenses, permits, registrations, and insurance coverage required by applicable law and by their agreements with Fetii, including automobile liability insurance appropriate for for-hire passenger transportation. Your transportation contract is with the applicable Third-Party Provider.

1.3 Agreement. These Terms of Service (this "Agreement"), together with our Privacy Policy and any supplemental terms presented to you in connection with a specific feature or promotion (which are incorporated by reference), govern your access to and use of the Fetii Platform. By creating a Rider account, accessing the Fetii Platform, or requesting or receiving Services, you acknowledge that you have read, understood, and agree to be bound by this Agreement. If you do not agree, do not access or use the Fetii Platform.

1.4 Changes to the Services. Fetii may modify, suspend, or discontinue any aspect of the Fetii Platform or the Services — including features, functionality, pricing structures, promotions, service areas, and markets — at any time, with notice where practicable. Fetii is not liable to you for any such modification, suspension, or discontinuation, except that you will be refunded or credited for amounts prepaid for Services not provided, as described in Section 7.6.

PLEASE REVIEW THIS AGREEMENT CAREFULLY. SECTION 18 CONTAINS A MUTUAL AGREEMENT TO RESOLVE DISPUTES BY BINDING INDIVIDUAL ARBITRATION AND A WAIVER OF CLASS ACTIONS AND JURY TRIALS. SECTION 18.9 DESCRIBES HOW YOU MAY OPT OUT OF ARBITRATION. SECTION 6 PROVIDES NOTICE OF IN-VEHICLE AUDIO AND VIDEO RECORDING. SECTIONS 16 AND 17 CONTAIN DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITY.

2. Changes to This Agreement

2.1 Notice of Changes. We may modify this Agreement from time to time. If we make a material change, we will provide you with reasonable advance notice — at least thirty (30) days before the change takes effect, except where a shorter period is required to comply with law, address security or safety issues, or implement a new feature you elect to use — by email to the address associated with your account, by in-app notice, or both. Non-material changes (such as clarifications and corrections) may be made by posting the updated Agreement with a revised "Last Updated" date.

2.2 Prospective Effect. Changes apply prospectively only and become binding on you on the stated effective date if you continue to access or use the Fetii Platform after that date. Changes do not apply retroactively to events that occurred, or claims that accrued, before the effective date. If you do not agree to a change, your sole remedy is to stop using the Fetii Platform and close your account before the change takes effect.

2.3 Changes to the Arbitration Provision. Notwithstanding the foregoing, the version of Section 18 (Dispute Resolution) in effect at the time a claim accrued will govern that claim, and no amendment to Section 18 will apply to any dispute for which either party has previously provided a Notice of Dispute or commenced an arbitration or court proceeding.

3. Eligibility; Account Registration

3.1 Age and Capacity. You must be at least eighteen (18) years of age, and have the legal right, authority, and capacity to enter into this Agreement, in order to create a Rider account.

3.2 Account Information. You agree to provide accurate, current, and complete information when registering and to keep that information up to date. You may maintain only one Rider account. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account, and you agree to notify us promptly of any unauthorized use.

3.3 Account Misuse. You may not permit any other person to access or use the Fetii Platform through your account. Without limiting the foregoing, you may not (a) permit any person under eighteen (18) years of age to use your account or to request Services through your account, (b) request or facilitate Services for any unaccompanied minor except in strict compliance with the process described in Section 5.2, or (c) use the Services to facilitate the consumption of alcohol by any person under the legal drinking age. Any violation of this Section 3.3 is a material breach of this Agreement, and you are responsible for all consequences of such misuse.

4. Guests; Requests on Behalf of Others

4.1 Authority. If you request Services on behalf of, or invite into a vehicle, any other person (each, a "Guest"), you represent and warrant that you are authorized to do so and to accept this Agreement on that Guest's behalf, and you agree that you are responsible for ensuring that each Guest complies with this Agreement, including the Community Guidelines in Section 10.

4.2 Guest Acceptance. Where the Fetii Platform enables Guests to join a trip through the app (for example, by invitation link or group join feature), each Guest must accept this Agreement as part of joining, and upon acceptance is directly bound by this Agreement as a Rider with respect to that trip. In all other cases, a Guest's entry into a vehicle after the notice described in Sections 4.3 and 6 constitutes the Guest's acceptance of the provisions of this Agreement applicable to Guests, including Sections 6, 7.5, 10, 11, and 18.

4.3 Notice to Guests; Joint Responsibility. Before any Guest enters a vehicle, you must inform that Guest that (a) the trip is governed by this Agreement, and (b) the vehicle interior may be subject to audio and video recording as described in Section 6. You and your Guests are jointly and severally responsible to Fetii and the applicable Third-Party Provider for amounts owed and damage caused in connection with your trip.

5. Minors

5.1 Account Holders. Only adults eighteen (18) years of age or older may create an account or request Services. The Services are not available to, and may not be requested for, any person under thirteen (13) years of age under any circumstances.

5.2 Unaccompanied Minors. Trips for unaccompanied minors aged thirteen (13) to seventeen (17) (each, a "Minor Rider") may be requested only where this feature is available and only if a parent or legal guardian of the Minor Rider has provided consent through Fetii's designated parental consent process, which may include identity and relationship verification. By requesting Services for a Minor Rider, you represent and warrant that you are the Minor Rider's parent or legal guardian, or that you have the express authorization of the Minor Rider's parent or legal guardian, and that the consenting parent or legal guardian has reviewed and agreed to this Agreement — including the recording notice in Section 6 — on the Minor Rider's behalf.

5.3 Verification; Suspension. Fetii may, at any time, require documentation verifying parental or guardian consent and may decline, cancel, suspend, or restrict Services for any Minor Rider if such verification is not provided or if Fetii has safety concerns. Requesting Services for a group that includes unaccompanied minors without completing the Section 5.2 process is a violation of Section 3.3. In addition to any mandatory reporting obligations, Fetii may proactively report incidents involving minors to appropriate authorities.

5.4 Child Safety Seats. Any child who is required by applicable law to use a child safety seat or booster seat must be accompanied by a parent or legal guardian (or another supervising adult expressly authorized by the parent or legal guardian) who is at least eighteen (18) years of age and who is solely responsible for providing an appropriate child restraint and for its installation, securing, and use. Drivers do not provide, install, or secure child restraints and do not buckle or unbuckle child passengers. A driver may decline, and may be required by applicable law to decline, to begin or continue any trip in which a child cannot be lawfully and properly restrained; in that event, the trip may be treated as a Rider cancellation and applicable cancellation fees may apply.

6. In-Vehicle Audio and Video Recording

6.1 Notice of Recording. For the safety and security of Riders, Guests, and drivers, and for incident investigation, customer support, and legal compliance purposes, vehicles available through the Fetii Platform may be equipped with devices that record audio and video inside and outside the vehicle ("Security Recordings"). Third-Party Providers are required to display conspicuous notice of audio and video recording in equipped vehicles, and this Agreement constitutes additional notice to you.

BY ENTERING A VEHICLE THAT DISPLAYS NOTICE OF RECORDING, YOU CONSENT TO BEING RECORDED BY AUDIO AND VIDEO FOR THE DURATION OF YOUR TRIP. IF YOU DO NOT CONSENT TO BEING RECORDED, DO NOT ENTER THE VEHICLE; YOU MAY CANCEL THE TRIP AND CONTACT SUPPORT@FETII.COM.

6.2 Your Guests. You must inform each Guest, before the Guest enters the vehicle, that the vehicle may record audio and video. For any Minor Rider, the parental consent described in Section 5.2 includes consent to Security Recordings on the Minor Rider's behalf.

6.3 Use and Handling of Recordings. Security Recordings are collected, used, retained, and disclosed in accordance with our Privacy Policy and applicable law, for purposes limited to safety and security, incident and claims investigation, customer support, fraud prevention, quality assurance, and compliance with legal obligations. Access to Security Recordings is restricted to personnel with a need to know, and Security Recordings may be shared with law enforcement, insurers, or other parties as permitted or required by law.

6.4 No Rider Interest in Recordings. You acknowledge that you have no ownership or other proprietary interest in any Security Recording. As between you, on the one hand, and Fetii and the applicable Third-Party Provider, on the other, all rights in Security Recordings belong to Fetii and/or the applicable Third-Party Provider, as allocated between them by their agreements. Nothing in this Section grants you any right to access, obtain, or use Security Recordings except as provided by applicable law. You and your Guests may not make audio or video recordings of other Riders, Guests, or drivers in violation of applicable law, and may not publish any recording made in a vehicle in a manner that violates another person's privacy or other rights.

7. Fares, Fees, and Payment

7.1 Fare Estimates. Fare estimates provided before a trip are approximations only and are not guaranteed. Final charges are calculated after trip completion based on actual trip duration and distance traveled, as measured by GPS data, together with the applicable rates, fees, tolls, surcharges, and taxes disclosed in the Fetii Platform. Where variable or demand-based pricing applies, it will be disclosed in the Fetii Platform before you confirm your request.

7.2 Wait and Errand Time. After expiration of any free waiting period disclosed in the Fetii Platform, you will be charged at the disclosed rates for time a driver spends waiting for you or your Guests or conducting stops or errands at your request.

7.3 Service Fee. A service fee is applied to fares and other charges to support operation of the Fetii Platform, as disclosed in the Fetii Platform.

7.4 Cancellation Fees. Cancellation fees may apply as disclosed in the Fetii Platform at the time of booking.

7.5 Damage and Cleaning Fees. If a Third-Party Provider reports, and documents with reasonable evidence (such as photographs or inspection records), that you or a Guest caused physical damage to a vehicle or a condition requiring cleaning or remediation beyond normal wear and tear (including, without limitation, vomit or other biohazards), you agree to pay a damage or cleaning fee reflecting the reasonable, documented cost of repair or cleaning, up to a maximum of $500 per incident. Upon request, Fetii will provide you a summary of the supporting documentation, and you may dispute any damage or cleaning fee by contacting support@fetii.com within thirty (30) days of the charge.

7.6 Refunds. Except as expressly provided in this Agreement or required by applicable law, all charges are final and non-refundable. Notwithstanding the foregoing, Fetii will refund or credit charges for Services that were paid for but not provided due to a failure of the Fetii Platform or a Third-Party Provider's failure to perform, in each case where the failure is not attributable to you or your Guests. Fetii may, in its discretion, issue additional refunds or credits as a courtesy, and doing so in one instance does not obligate Fetii to do so in another. If you believe any charge was made in error, you must notify Fetii via in-app support or at support@fetii.com within thirty (30) days after the charge (or within any longer period required by applicable law); to the extent permitted by applicable law, you waive the right to dispute charges not raised within that period.

7.7 Payment Processing. Charges are processed through our third-party payment processor. By adding a payment method, you authorize us and our payment processor to charge that payment method for all amounts you incur, including pre-authorization holds where disclosed. For amounts owed to a Third-Party Provider, Fetii collects payment from you as the Third-Party Provider's limited payment collection agent, and your payment made through the Fetii Platform is considered the same as payment made directly by you to the Third-Party Provider. Cash payments are prohibited. Fetii is not responsible for overdraft, insufficient-funds, or similar fees imposed by your financial institution, except to the extent caused by charges made in error by Fetii.

7.8 Gratuities. Gratuities are voluntary. One hundred percent (100%) of any gratuity you provide through the Fetii Platform — less only third-party payment processing costs attributable to the gratuity, where and to the extent such deduction is permitted by applicable law — is paid to the applicable Third-Party Provider for the benefit of your driver, or to your driver directly, as applicable.

8. Promotions, Credits, and Referrals

Promotional codes and credits have no cash value, may be subject to additional terms and expiration dates, and may be used only as directed. Fetii reserves the right to withhold, deduct, or invalidate credits or promotional benefits where Fetii reasonably determines that they were obtained or redeemed in error, fraudulently, or in violation of the applicable promotion terms or this Agreement.

9. Communications

9.1 Operational Communications. By creating an account, you agree to receive transactional and operational communications from Fetii and Third-Party Providers relating to your account and trips (for example, driver arrival notifications, receipts, safety notices, and service updates) by email, SMS/text message, push notification, and telephone, which may be sent using automated technology. Opting out of operational text messages may limit or prevent your use of certain Services.

9.2 Marketing Communications. Fetii will send marketing calls or text messages using automated technology only with your consent. Your consent to marketing communications is not a condition of purchasing any goods or services. Message frequency varies; message and data rates may apply. You may opt out of marketing texts at any time by replying STOP, and may obtain assistance by replying HELP or contacting support@fetii.com.

9.3 Electronic Communications. You consent to receive all communications, agreements, disclosures, receipts, and notices relating to the Services (collectively, "Communications") electronically, including by email, text message, in-app notice, or posting to the Fetii Platform, and you agree that all Communications provided electronically satisfy any legal requirement that they be in writing. To access Communications, you must maintain a device with internet access and a current email address and phone number on file. You may request a paper copy of any Communication, or withdraw your consent to electronic Communications, by contacting support@fetii.com; withdrawing consent may result in suspension or closure of your account, as continued use of the Services requires electronic Communications.

10. Community Guidelines

10.1 Rider Conduct. You agree, and you agree to cause each of your Guests, to comply with the following at all times while using the Services:

  • Wear an available seatbelt at all times while the vehicle is in motion, and do not exceed the vehicle's lawful passenger capacity (one passenger per seatbelt);
  • Comply with all applicable laws, including laws governing the possession and consumption of alcohol and open containers in vehicles; do not consume alcohol in a vehicle except where expressly permitted by applicable law and by the applicable Third-Party Provider, and do not use the Services if doing so would facilitate underage drinking;
  • Do not possess or use illegal drugs, and do not smoke or vape in any vehicle;
  • Follow the driver's reasonable, lawful safety instructions;
  • Do not physically or verbally abuse, threaten, harass, stalk, or discriminate against any driver, Rider, Guest, or other person;
  • Do not damage, deface, or remove any part of a vehicle or its equipment, and do not interfere with the safe operation of a vehicle;
  • Do not carry weapons except in strict compliance with Section 11;
  • Do not engage in any unlawful activity while using the Services;
  • Do not engage in sexual assault, sexual misconduct, or sexual harassment of any kind, including unwanted physical contact, advances, gestures, or comments directed at any driver, Rider, Guest, or other person;
  • Remain seated while the vehicle is in motion; do not stand, dance, sit on another person's lap, or extend any part of your body or any object out of a window, door, or roof opening;
  • Do not touch the driver, the steering wheel, or any vehicle controls, do not distract the driver, and do not pressure or encourage the driver to speed, violate traffic laws, exceed the vehicle's capacity, make unauthorized stops, or otherwise operate unsafely;
  • Do not bring hazardous, flammable, or explosive materials (including fireworks and fuel containers) into a vehicle, and comply with the applicable Third-Party Provider's posted or communicated vehicle rules, including any rules regarding food, beverages, and glass containers;
  • Do not bring any animal other than a service animal (see Section 12.2) into a vehicle without the advance consent of the Third-Party Provider or driver;
  • Do not solicit, arrange, or accept transportation services from a driver or Third-Party Provider outside the Fetii Platform where the connection originated through the Fetii Platform;
  • Treat Fetii's support personnel with respect, and do not submit false, fraudulent, or bad-faith reports, disputes, or chargebacks;
  • Do not copy, frame, mirror, scrape, data mine, or reverse engineer the Fetii Platform or access it by automated means; and
  • Pay all amounts you owe, including fares, fees, damage and cleaning fees, and any negative balance.

The conduct listed above is illustrative, not exhaustive. You and your Guests must also refrain from any other conduct that Fetii reasonably determines threatens the safety, security, or comfort of any driver, Rider, Guest, or other person, or the integrity of the Fetii Platform.

10.2 Supplemental Community Guidelines. Fetii may publish supplemental community guidelines or safety policies, which are incorporated into this Agreement by reference. Fetii may update them from time to time, and material updates will be treated as changes to this Agreement under Section 2.

10.3 Enforcement. A driver may end a trip and require Riders or Guests who violate this Section 10 to exit the vehicle at the nearest safe location, and full trip charges and applicable fees will continue to apply. Fetii may investigate suspected violations and may take action under Section 19 (Termination), including immediate suspension or termination of your account.

11. Firearms and Weapons

Riders and Guests may not carry firearms or other dangerous weapons while using the Services, regardless of any license or permit, except that a Rider may transport a lawfully possessed firearm if it is unloaded and secured in a locked, hard-sided container stored in the vehicle's trunk or rear cargo area, in compliance with all applicable federal, state, and local laws. A driver may decline or end any trip involving a firearm that is not transported in compliance with this Section.

12. Non-Discrimination; Accessibility; Service Animals

12.1 Non-Discrimination. Fetii prohibits discrimination against Riders, Guests, or drivers on the basis of race, color, religion, national origin, citizenship or immigration status, disability, sex, sexual orientation, gender identity or expression, age, military status, or any other characteristic protected by applicable law. Discriminatory conduct may result in immediate and permanent loss of access to the Fetii Platform.

12.2 Service Animals. Riders and Guests with service animals must be accommodated in accordance with applicable law. Service animals are transported at no additional charge, and a driver may not deny service, or charge any fee, because a Rider or Guest is accompanied by a service animal. Cleaning fees may not be assessed for ordinary shedding.

12.3 Accommodations. If you need assistance or a reasonable accommodation in connection with the Services, please contact support@fetii.com.

13. Safety; Zero-Tolerance Policy

13.1 Zero Tolerance. Fetii maintains a zero-tolerance policy for the use of drugs or alcohol by drivers providing Services through the Fetii Platform. If you believe your driver may be impaired, have the driver end the trip as soon as it is safe to do so, exit the vehicle, and report the incident to Fetii at support@fetii.com. In any emergency, call 911 first.

13.2 Incident Reporting. To assist with safety, compliance, and insurance obligations, you agree to notify Fetii within twenty-four (24) hours of any incident or accident occurring in connection with your trip, to provide all reasonably requested information, and to cooperate with any investigation and attempted resolution of the incident.

14. Lost Property

14.1 No Bailment. You and your Guests are responsible for your own personal property. Neither Fetii nor any Third-Party Provider accepts custody of, or responsibility for, property left in a vehicle, and no bailment is created when property is left in a vehicle.

14.2 Return Assistance. If you report a lost item, Fetii may assist in contacting the applicable Third-Party Provider or driver to attempt to locate and return the item, but Fetii does not guarantee that any item will be located or returned. A return fee, disclosed to you before you agree to it, may apply to compensate the driver's time and travel in returning an item.

15. Your Content; Feedback

15.1 User Content. "User Content" means information and materials that you submit to the Fetii Platform, such as account and profile information, ratings, reviews, and communications with Fetii. User Content does not include Security Recordings, which are addressed exclusively in Section 6 and our Privacy Policy.

15.2 License. You grant Fetii a non-exclusive, worldwide, royalty-free, transferable, sublicensable license to use, host, store, reproduce, modify, and display your User Content for the purposes of operating, providing, securing, supporting, and improving the Fetii Platform and as otherwise described in our Privacy Policy. This license continues for as long as reasonably necessary for those purposes, including with respect to copies retained for legal, backup, or recordkeeping purposes after you delete content or close your account. Fetii may use data that has been de-identified or aggregated so that it does not identify you for analytics, research, and product improvement, including the development of machine-learning features, consistent with our Privacy Policy and applicable law.

15.3 Responsibility. You are solely responsible for your User Content and represent that you have all rights necessary to grant the license above and that your User Content does not violate law or the rights of any third party.

15.4 Feedback. If you provide suggestions, ideas, or other feedback regarding the Fetii Platform ("Feedback"), you grant Fetii a perpetual, irrevocable, worldwide, royalty-free license to use and exploit that Feedback for any purpose, without restriction or compensation to you.

16. Intellectual Property; License to You; Disclaimers

16.1 Fetii Property. The Fetii Platform, including all software, designs, text, graphics, logos, and trademarks (the "Fetii Marks"), is owned by Fetii or its licensors and is protected by intellectual property laws. Subject to your compliance with this Agreement, Fetii grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Fetii Platform on your personal device solely for your personal, non-commercial use. No other rights are granted.

16.2 Third-Party Providers. Fetii screens Third-Party Providers and drivers in accordance with its policies and applicable law, but Fetii does not guarantee the suitability, safety, or ability of any Third-Party Provider or driver, and you are responsible for exercising your own judgment when using transportation services.

16.3 Inherent Risks.

YOU ACKNOWLEDGE THAT MOTOR VEHICLE TRANSPORTATION INVOLVES INHERENT RISKS — INCLUDING THE RISK OF TRAFFIC ACCIDENTS AND THE ACTS OR OMISSIONS OF OTHER MOTORISTS AND THIRD PARTIES — THAT CANNOT BE ENTIRELY ELIMINATED EVEN WITH REASONABLE CARE. THIS ACKNOWLEDGMENT IS NOT A RELEASE OF, AND DOES NOT LIMIT, ANY PERSON'S LIABILITY FOR ITS OWN NEGLIGENCE, GROSS NEGLIGENCE, OR WILLFUL MISCONDUCT.

16.4 Disclaimer of Warranties.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE FETII PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. FETII DOES NOT WARRANT THAT THE FETII PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

17. Indemnification; Limitation of Liability

17.1 Indemnification. You agree to defend, indemnify, and hold harmless Fetii and its officers, directors, employees, and agents from and against any claims, demands, losses, liabilities, and expenses (including reasonable attorneys' fees) arising out of or in connection with (a) your or your Guests' violation of this Agreement or applicable law, (b) your or your Guests' violation of the rights of any third party, or (c) your misrepresentation of authority under Section 4 or Section 5, in each case except to the extent caused by Fetii's own gross negligence or willful misconduct.

17.2 Limitation of Liability.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW: (A) FETII SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR FOR LOST PROFITS, LOST DATA, OR LOSS OF GOODWILL, ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICES; AND (B) FETII'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICES SHALL NOT EXCEED THE GREATER OF (I) THE TOTAL AMOUNTS PAID BY YOU TO FETII IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (II) ONE THOUSAND DOLLARS ($1,000).

NOTHING IN THIS AGREEMENT LIMITS OR EXCLUDES LIABILITY FOR GROSS NEGLIGENCE, WILLFUL MISCONDUCT, OR FRAUD; FOR DEATH OR PERSONAL INJURY TO THE EXTENT SUCH LIABILITY MAY NOT BE LIMITED OR EXCLUDED UNDER APPLICABLE LAW; OR ANY OTHER LIABILITY THAT CANNOT BE LIMITED OR EXCLUDED UNDER APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, FETII'S LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

17.3 Basis of the Bargain. The disclaimers and limitations in Sections 16 and 17 are fundamental elements of the basis of the bargain between you and Fetii, and the Services would not be provided on these economic terms without them.

18. Dispute Resolution; Binding Arbitration; Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES YOU AND FETII TO RESOLVE DISPUTES THROUGH BINDING INDIVIDUAL ARBITRATION, AND IT WAIVES THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION. YOU MAY OPT OUT AS DESCRIBED IN SECTION 18.9.

18.1 Informal Dispute Resolution First. Before initiating arbitration or any permitted court proceeding, the party asserting a claim must send the other party a written notice of dispute ("Notice of Dispute") that includes the claimant's name, the account email address and phone number, a description of the dispute, and the relief sought. The Notice of Dispute must be personally signed by the party asserting the claim and, if that party is represented by counsel, by counsel as well. Notices to Fetii must be sent to Fetii Inc., Attn: Legal – Dispute Resolution, 232 Samuell Blvd #O7, Coppell, TX 75019, or by email to support@fetii.com. Notices to you will be sent to the contact information associated with your account. For a period of sixty (60) days after a Notice of Dispute is received, the parties shall attempt in good faith to resolve the dispute informally, including by telephone or video conference if either party requests one. Completion of this process is a condition precedent to initiating arbitration or litigation, and any applicable statute of limitations will be tolled during this period.

18.2 Agreement to Arbitrate. Except as provided in Section 18.3, you and Fetii mutually agree that any dispute, claim, or controversy arising out of or relating to this Agreement, the Services, the Fetii Platform, or your relationship with Fetii — whether based in contract, tort, statute, fraud, or any other legal theory, and whether arising before, during, or after termination of this Agreement — shall be resolved exclusively by final and binding arbitration on an individual basis. This arbitration agreement is governed by the Federal Arbitration Act (9 U.S.C. § 1 et seq.) and evidences a transaction involving interstate commerce.

18.3 Exceptions. Either party may (a) bring an individual claim in small claims court in a county and state having jurisdiction, so long as the claim remains in that court and is pursued only on an individual basis; (b) at the claimant's election, pursue in court individual claims of sexual assault or sexual harassment occurring in connection with use of the Services, consistent with the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021; (c) seek injunctive or other equitable relief in a court of competent jurisdiction to protect its intellectual property rights or to address unauthorized access to or abuse of the Fetii Platform; and (d) pursue any other claim that, as a matter of law that cannot be waived, may not be subject to mandatory arbitration.

18.4 Arbitration Rules and Forum. The arbitration will be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules then in effect, as modified by this Section 18. If the AAA is unavailable or unwilling to administer the arbitration consistent with this Section, the parties shall select an alternative administrator (such as National Arbitration and Mediation), and if they cannot agree, a court of competent jurisdiction shall appoint one. The arbitration shall be conducted by a single neutral arbitrator. Except as provided in Sections 18.7 and 18.8, the arbitrator (and not any court) shall have exclusive authority to resolve all disputes regarding the interpretation, applicability, enforceability, or formation of this arbitration agreement.

18.5 Fees. Payment of filing, administrative, and arbitrator fees will be governed by the applicable AAA rules, including any consumer fee schedules. Each party will bear its own attorneys' fees and costs unless the applicable law or arbitration rules provide otherwise, or the arbitrator determines that a claim or defense was frivolous or asserted in bad faith, in which case the arbitrator may reallocate fees as permitted by law.

18.6 Hearing Location and Procedure. Any in-person arbitration hearing will be held in the county where you reside, unless you and Fetii agree otherwise, and either party may elect to participate by videoconference or telephone, or to have the arbitration decided on written submissions, where the rules permit. The arbitrator may award any relief available in court on an individual basis, must follow applicable law, and shall issue a reasoned written decision. Judgment on the award may be entered in any court of competent jurisdiction.

18.7 Class Action Waiver.

YOU AND FETII AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE THE CLAIMS OF MORE THAN ONE PERSON AND MAY NOT PRESIDE OVER ANY FORM OF CLASS OR REPRESENTATIVE PROCEEDING.

The enforceability of this Section 18.7 shall be decided by a court, not the arbitrator. If this class action waiver is found unenforceable as to a particular claim or request for relief, then that claim or request (and only that claim or request) shall be severed and may proceed in court, and all remaining claims shall proceed in arbitration. The parties agree to stay any such court proceeding pending the outcome of the arbitration of the arbitrable claims.

18.8 Coordinated Filings. If twenty-five (25) or more arbitration demands of a substantially similar nature are filed against Fetii by the same or coordinated counsel or organizations, the parties agree to a staged process: (a) counsel for the claimants and Fetii shall each select ten (10) demands to proceed first as bellwether arbitrations; (b) the remaining demands shall not be filed, and no filing fees shall be due for them, until the bellwether arbitrations conclude; (c) following the bellwether arbitrations, the parties shall engage in a single global mediation of the remaining demands; and (d) if the remaining demands are not resolved in mediation, they may then proceed in arbitration in batches of no more than one hundred (100), or the parties may agree on another sequencing process. All applicable statutes of limitations shall be tolled for demands subject to this Section 18.8 from the time the first bellwether demands are filed until the demand in question may be filed. A court of competent jurisdiction shall have authority to enforce this Section 18.8, including the deferral of fees.

18.9 Your Right to Opt Out. You may opt out of this arbitration agreement (Sections 18.2 through 18.8) by sending written notice to support@fetii.com, with the subject line "Arbitration Opt-Out," within thirty (30) days after first accepting this Agreement (or, for existing users, within thirty (30) days after first receiving notice of this Section). Your notice must include your name and the email address and phone number associated with your account. Opting out of arbitration will not affect any other provision of this Agreement and will not affect any prior arbitration agreement between you and Fetii that you did not timely opt out of.

18.10 Jury Trial Waiver.

TO THE EXTENT ANY CLAIM PROCEEDS IN COURT RATHER THAN ARBITRATION, YOU AND FETII EACH KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY WAIVE ANY RIGHT TO A TRIAL BY JURY, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

18.11 Time to Bring Claims. To the extent permitted by applicable law, any claim arising out of or relating to this Agreement or the Services must be initiated (by filing an arbitration demand or, for claims properly in court, a complaint) within two (2) years after the date the claim accrued, or it is permanently barred. This Section does not shorten any limitations period that applicable law does not permit to be shortened by agreement.

18.12 Severability; Survival. Except as stated in Section 18.7, if any portion of this Section 18 is found unenforceable, the remaining portions shall remain in full force and effect. This Section 18 survives termination of this Agreement and your relationship with Fetii.

19. Term; Termination

19.1 By You. You may stop using the Fetii Platform and close your account at any time through the app or by contacting support@fetii.com.

19.2 By Fetii. Fetii may suspend or terminate your account or your access to all or part of the Fetii Platform: (a) immediately, if Fetii reasonably believes you have violated this Agreement, engaged in fraud or unlawful conduct, created a safety risk, or failed to pay amounts owed; or (b) for any other reason, upon reasonable notice. Where practicable and lawful, Fetii will inform you of the reason for suspension or termination and any available means to seek review.

19.3 Effect. Upon termination, your license to use the Fetii Platform ends, but you remain liable for all amounts incurred through the date of termination. Sections 6, 7, and 14 through 18, this Section 19.3, and Sections 20 and 21 survive termination.

20. Governing Law

This Agreement is governed by the laws of the State of Texas, without regard to its conflict-of-laws rules, except that Section 18 is governed by the Federal Arbitration Act. This choice of law does not deprive you of any protection afforded to you by provisions of the consumer protection law of the state in which you reside that cannot be waived or varied by contract. Subject to Section 18, any claim that proceeds in court shall be brought exclusively in the state or federal courts located in Travis County, Texas, or, where applicable law requires, in the courts of the state in which you reside, and the parties consent to the jurisdiction of such courts.

21. General Provisions

21.1 Entire Agreement. This Agreement, together with the Privacy Policy and any supplemental terms, constitutes the entire agreement between you and Fetii regarding the Services and supersedes all prior agreements and understandings on that subject.

21.2 Severability. Except as provided in Section 18.7, if any provision of this Agreement is held invalid or unenforceable, that provision shall be enforced to the maximum extent permissible and the remaining provisions shall remain in full force and effect.

21.3 No Waiver. Fetii's failure to enforce any provision of this Agreement is not a waiver of its right to do so later.

21.4 Assignment. You may not assign this Agreement without Fetii's prior written consent. Fetii may assign this Agreement, in whole or in part, in connection with a merger, acquisition, reorganization, or sale of assets, or by operation of law.

21.5 Third-Party Beneficiaries. Except as expressly stated in this Section 21.5, this Agreement does not confer any rights on any third party. Third-Party Providers and their drivers are intended third-party beneficiaries of, and may directly enforce, Sections 4.3, 5.4, 6, 7.5, 10, 11, and 14. Apple Inc. and Google LLC (and their subsidiaries) are intended third-party beneficiaries of Section 21.6.

21.6 App Store Terms. If you access the Fetii Platform through an application downloaded from the Apple App Store or Google Play, you acknowledge that (a) this Agreement is between you and Fetii only, not with Apple or Google; (b) Apple and Google have no obligation to provide maintenance or support for the application; (c) in the event of any failure of the application to conform to an applicable warranty, you may notify the applicable app store operator, whose sole obligation (if any) will be to refund the purchase price of the application, and, to the maximum extent permitted by law, the app store operator has no other warranty obligation with respect to the application; and (d) Apple and Google are not responsible for addressing any claims by you or any third party relating to the application, including product liability claims, consumer protection claims, or intellectual property claims. Your use of the application must also comply with the applicable app store's terms of service.

21.7 Force Majeure. Neither party is liable for delay or failure to perform (other than payment obligations) resulting from causes beyond its reasonable control, including acts of God, natural disasters, severe weather, road or infrastructure conditions, labor disputes, governmental actions, utility or telecommunications failures, and acts of third parties.

21.8 Notices. Fetii may provide notices to you via the email address or phone number associated with your account or through the Fetii Platform. Except as otherwise provided in Section 18.1, you may provide notices to Fetii at Fetii Inc., Attn: Legal, 232 Samuell Blvd #O7, Coppell, TX 75019, or support@fetii.com. Notices are deemed given when sent (for electronic notice) or upon delivery (for physical notice).

21.9 Interpretation. Section headings are for convenience only. "Including" means "including without limitation."

21.10 Contact. Questions about this Agreement may be directed to support@fetii.com.