Terms of Service

Privacy Policy

Last Updated: January 1, 2026

1. ACCEPTANCE OF THE PRIVACY POLICY
This Privacy Policy relates to the information collection and use practices of our mobile application “SPOTELF” (operated by Smart ELF, Inc., “ELF”) (the “App” or “we” or “us”), and the services we offer in connection therewith (the “Services”). By accessing and using the App and/or Services, you are agreeing to the terms of this Privacy Policy and the accompanying Terms of Service, which together make up the Agreement. Capitalized terms not defined in this Privacy Policy shall have the meaning set forth in our Terms of Service. If you do not want us to use your information in the manner described in this Privacy Policy, you should not use the App or Services. We are not responsible for any external sites linked from the App, or other third-party websites or apps.

2. INFORMATION COLLECTED OR RECEIVED
Over the course of us providing you the App and Services, we may collect, and you authorize us to collect, various information from you, as described below.

a) Personal Information. When you create an account with the App, you will be required to provide us with personal information about yourself, such as your name, e-mail address, username and password, phone number, and other personal information (collectively, the “Personal Information”). We do not collect any Personal Information from you when you use our App or use our Services unless you provide us with the Personal Information voluntarily (for example, by creating an account with the App, sending us an e-mail, or interacting with us via our social media pages). Any such social media outlets are operated by the social networks themselves and are subject to their own terms of use and privacy policies.

b) Billing Information. ELF does not directly store full payment card numbers. However, when payments are enabled, ELF may facilitate payment processing through third-party payment processors, which may collect and process billing and financial information on our behalf in accordance with their own privacy policies.

c) Geolocation Data. In order to provide certain features and functionalities of the App while you are using a mobile device, we may, with your consent, automatically collect geolocational information from your mobile device or wireless carrier and/or certain third-party service providers. Such information is collectively called the “Geolocational Information.” Geolocational Information may be used to enable core functionality of the Services, including matching users with service providers, facilitating navigation and transaction execution, providing customer support, detecting and preventing fraud, enhancing safety and security, complying with legal and regulatory requirements, and resolving disputes or incidents related to the Services. Collection of such Geolocational Information occurs only when the App is running on your mobile device. You may decline to allow us to collect such Geolocational Information, in which case we may not be able to provide certain features or functionalities to you.

d) Other Information. We may collect certain additional information (collectively, “Other Information”). Other Information can include information about your professional background and interests, service preferences, and other information that does not identify you personally. Other Information can also be information about your activity on the App, such as device registration data (type of device), device settings, mobile carrier, service use frequency and duration, and click-through rates on links. Finally, Other Information can be information that we collect via third-party analytics services that help us understand how the App and Services are being used, such as data collection, reporting, ad/promotion response measurement, website and mobile application analytics, and to assist with delivery of relevant marketing messages and advertisements.

We and our third-party service providers may use third-party analytics services (such as Google Analytics) to evaluate your use of the App, compile reports on activity, collect demographic data, analyze performance metrics, and collect and evaluate other information relating to the App and mobile and Internet usage. These third parties use cookies and other technologies to help analyze and provide us the data. You consent to the processing of data about you by these analytics providers in the manner and for the purposes set out in this Privacy Policy. For more information on these third parties, including how to opt out from certain data collection, please visit the sites below. Please be advised that if you opt out of any Analytics Service, you may not be able to use the full functionality of the App or the Services.

For Google Analytics, please visit: https://www.google.com/analytics
For Mixpanel, please visit: https://mixpanel.com/legal/privacy-policy/
For Batch IO, please visit: https://batch.com/privacy-policy

e) Remarketing Services. We may also use one or more third-party remarketing services to advertise on third-party websites to previous visitors to our App. These third-party remarketing service providers use cookies to serve ads based on a past visit to the App. Any data collected by such third-party remarketing service providers will be used in accordance with this Privacy Policy and the privacy policy of such third-party remarketing services provider. For more information on such third-party remarketing service providers, including how to opt out from certain data collection, please visit the following links:

For Google Adwords, you can set preferences for how Google advertises to you using the Google Ad Preferences page https://adssettings.google.com/authenticated, and if you want to, you can opt out of interest-based advertising entirely by cookie settings or permanently using a browser plugin.
For both Facebook and Instagram, you can set ad preferences by following the instructions here: https://www.facebook.com/help/568137493302217

3. INFORMATION COLLECTED BY THIRD-PARTY ADVERTISING COMPANIES
The App and Services may include third-party content and links to other third-party websites. These advertisers, advertising networks, and third parties may use cookies, pixels, and web beacons to track the actions of users online over time and across different websites or platforms in order to deliver targeted electronic advertisements to an individual user. For information about how tracking works for online advertising purposes you can visit http://www.aboutads.info/choices or http://www.aboutads.info/appchoices. We do not have access to or control over cookies, pixels or web beacons that third-party websites may use. We are not responsible for the privacy practices or the content of these third-party websites. You are encouraged to review the privacy policies of the different websites that you visit.

4. HOW WE USE AND SHARE THE INFORMATION
The primary goal of collecting the data from users is to improve the App and Services. We use the information described in this Privacy Policy to maintain and improve our App and Services, to solicit your feedback, and to inform you about our products and services, and those of our third-party marketing partners. We may also use and/or share such information as described below.

a) We will access, use, and share the information as required to provide support to you and monitor compliance with our Terms of Service. Information may also be used in connection with insurance claims, incident response, safety investigations, legal proceedings, and compliance with transportation, insurance, or regulatory requirements. ELF may use automated systems and algorithms to support platform functionality, including matching users with service providers, detecting fraud, enhancing safety, evaluating service performance, and improving user experience. These processes may involve automated analysis of user activity and behavior but are designed to support, not replace, human decision-making where legally required.

b) We will share certain information with other users. You understand that if you are a licensed driver, some of the information that you provide on your profile is publicly available online. We recommend you only post information to your profile that you feel comfortable sharing with the public.

c) We may share your information with our service providers who work on our behalf. For example, these service providers may handle payment or credit card processing, data management, customer data pooling or aggregating, feature administration, email distribution, market research, information analysis, and promotions management. These service providers will only have access to the information needed to perform these limited functions on our behalf and to the extent permitted by law.

d) We may, from time to time, share and/or license information to other companies who may provide you information about the products and services they or their partners offer. ELF does not sell personal information for monetary consideration. Any sharing of information for advertising or analytics purposes is conducted in accordance with applicable law and subject to contractual restrictions. However, to the extent required by law, you will be given the opportunity to opt out of such sharing.

e) In an ongoing effort to better understand our users and Services, we may analyze certain user information in aggregate form. This aggregate information does not identify you personally. We may share this aggregate data with our affiliates, agents, and business partners. We may also disclose aggregated user statistics in order to describe our App and Services to current and prospective business partners and to other third parties for other lawful purposes.

f) We may share some or all of your information with any of our parent companies, subsidiaries, joint ventures, or other companies under common control with us.

g) As we develop our businesses, we might sell or buy businesses or assets. In the event of a corporate sale, merger, reorganization, sale of assets, dissolution, or similar event, your information may be part of the transferred assets.

h) To the extent permitted by law, we will disclose your information to government authorities or third parties, including national security or law enforcement agencies, if required to do so by law, or if requested in response to a subpoena or court order, we believe in our sole and absolute discretion that disclosure is reasonably necessary to protect against fraud, to protect the property or other rights of us or other users, third parties or the public at large, or we believe that you have abused the App or Services by using them to attack other systems or to gain unauthorized access to any other system, to engage in spamming or otherwise to violate applicable laws or in violation of our Terms of Service.

i) ELF retains personal information only for as long as reasonably necessary to fulfill the purposes described in this Privacy Policy, including to provide the Services, comply with legal obligations, resolve disputes, enforce agreements, and protect ELF’s rights. Retention periods vary depending on the type of information and applicable legal requirements.

j) ELF limits the collection, use, and retention of personal information to what is reasonably necessary and proportionate to provide and improve the Services, comply with legal obligations, and protect the rights and safety of ELF, Users, and third parties.

5. INFORMATION THAT YOU SHARE WITH OTHERS
You acknowledge that any time that you voluntarily make your personal information or user content available to third parties — for example through email — that information and content can be seen, collected, heard, and/or used by others besides us. We cannot be responsible for any unauthorized third-party use of such information or content, and this Privacy Policy does not apply to any information that you share in any of the foregoing ways.

6. SECURITY MEASURES
We provide industry-standard physical, electronic, and procedural safeguards to protect the information we process and maintain. For example, we take reasonable measures to limit access to this information to authorized employees and contractors who need to know that information in order to operate, develop or improve our App and Services. Please be aware that, although we endeavor to provide reasonable security for data we process and maintain, no security system can prevent all potential security breaches. As a result, we cannot guarantee or warrant the security of any information you transmit on or through the App or Services and you do so at your own risk.

7. SOCIAL MEDIA AND SHARING
The App may use social networking or “share functionality” or may contain links to third-party social media sites or applications that are not owned or controlled by us. We also may allow you to use social media sites or applications to leverage your existing social media site or application accounts to access features of the App and Services. Your use of these features may result in the collection or sharing of information about you by these sites or applications, depending on the feature. We have no control over, and assume no responsibility for, any shared functionality or the content, privacy policies, or practices of any third-party site or application. We encourage you to review the privacy policies and settings on the social media sites or applications with which you interact to make sure you understand the information that may be collected, used, and shared by those sites. You are subject to the policies of those third parties when and where applicable.

8. IMPORTANT NOTICE TO NON-U.S. RESIDENTS
It is important to note that the App, and its servers, are operated in the United States. Please be aware that your information, including your Personal Information, may be transferred to, processed, maintained, and used on computers, servers, and systems located outside of your state, province, country, or other governmental jurisdiction where the privacy laws may not be as protective as those in your jurisdiction. If you are located outside the United States and choose to use the App or Services, you hereby irrevocably and unconditionally consent to such transfer, processing, and use in the United States and elsewhere.

9. AGE RESTRICTIONS
The App and Services are intended solely for individuals who are at least 18 years of age. We do not knowingly collect, use, or disclose personal information from children under the age of 13, as defined by the Children’s Online Privacy Protection Act (“COPPA”). We do not knowingly collect or distribute personal information from or about children under the age of 18. If a parent or guardian becomes aware that his or her child has provided us with information without their consent, he or she should contact us at info@spotelf.com.

10. CALIFORNIA RESIDENTS
Pursuant to Section 1798.83 of the California Civil Code, residents of California have the right to obtain certain information about the types of personal information that companies with whom they have an established business relationship (and that are not otherwise exempt) have shared with third parties for direct marketing purposes during the preceding calendar year, including the names and addresses of those third parties, and examples of the types of services or products marketed by those third parties. If you wish to submit a request pursuant to Section 1798.83, please contact us at info@spotelf.com.

11. MODIFYING YOUR PERSONAL INFORMATION AND COMMUNICATION PREFERENCES
If you have an account with ELF, you may access, review, and make changes to your Personal Information, certain other information, and, if applicable, billing Information by following the instructions found on the App. We will use commercially reasonable efforts to process such requests in a timely manner.

By creating an account or using the Services, you consent to receive transactional communications from ELF, including account alerts, service updates, security notices, and administrative messages via email, SMS, push notifications, or in-app messages. Marketing communications will be sent in accordance with applicable law, and you may opt out of promotional messages at any time by clicking on the “unsubscribe” link located on the bottom of any ELF marketing email or in the settings of the App. Consent to receive transactional communications is a condition of using the Services. Registered users cannot opt out of receiving transactional e-mails related to their accounts.

12. UPDATES TO THIS PRIVACY POLICY
We may change this Privacy Policy from time to time. Any such changes will be posted on the website and will be available through a link in the App. If you do not agree to such changes, you should discontinue your use of the App and Services immediately. If you continue using the App and Services after the changes are made, you will be bound by the modified Privacy Policy. Please be aware that, to the extent permitted by applicable law, our use of your information is governed by the Privacy Policy in effect at the time we collect the Information. Please refer back to this Privacy Policy on a regular basis.

13. CALIFORNIA PRIVACY RIGHTS (CCPA/CPRA)
If you are a California resident, you have the right to request: (a) disclosure of the categories and specific pieces of personal information we collect, use, disclose, or share; (b) deletion of your personal information, subject to certain legal exceptions; (c) correction of inaccurate personal information; and (d) to opt out of the sale or sharing of personal information for cross-context behavioral advertising. ELF will not discriminate against you for exercising any of these rights.

ELF does not sell personal information for monetary consideration. To the extent ELF shares personal information for analytics, marketing, or advertising purposes, such sharing is conducted pursuant to service provider or contractor agreements as permitted by law. Requests may be submitted by emailing info@spotelf.com. We may verify your identity before fulfilling requests.

ELF has designated a privacy contact responsible for overseeing data protection and privacy compliance. Privacy-related inquiries, complaints, or requests may be directed to info@spotelf.com.

These Terms of Service constitute a legally binding Agreement between you (“User”) and Smart ELF, Inc. (“ELF”) and its subsidiaries, representatives, affiliates, officers and directors governing the use of ELF’s platform including but not limited to, mobile and/or web-based applications (“Apps”), and other online and off-line products and services (Collectively, the “Services”).

In addition to these Terms of Service, your access to, and use of the Services is also governed by the applicable terms found on ELF’s website and as provided in the process of using the Apps. Supplemental terms may apply to certain Services, such as policies for a particular event, activity, or promotion, and such supplemental terms will be disclosed to you in connection with the applicable Service(s). Supplemental terms are in addition to and shall be deemed a part of, these Terms of Service for the purposes of the applicable Service(s). Supplemental terms shall prevail over these Terms of Service in the event of a conflict with respect to the applicable Service(s). These include but are not limited to our collection and use of personal information in connection with the Services as provided in ELF’s Privacy Policy located here. Collectively, we refer to these Terms of Service and the Supplemental Terms as the “Terms.”

ELF in its sole discretion, may immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason.

ELF reserves the right to modify these Terms or its policies relating to the Services at any time, effective upon posting of an updated version of these Terms through the Apps or on ELF’s website. You should regularly review these Terms, as your continued use of the Services after any such changes constitutes your agreement to such changes.

BY ACCESSING OR USING THE SERVICES, YOU CONFIRM YOUR AGREEMENT TO BE BOUND BY THESES TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS OR USE THE SERVICES. BY AGREEING TO THESE TERMS YOU ARE WAIVING YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW AND WAIVING YOUR RIGHT TO HAVE A JURY TRIAL ON YOUR CLAIMS.

1. PLATFORM ROLE
ELF is a technology services provider and does not provide transportation, roadside assistance, legal, parking, or any other services. ELF does not operate as a motor carrier, taxi, for-hire vehicle base, transportation provider, or employer. All services are provided by independent third-party service providers. ELF provides technology that serves to match users with service providers to arrange and schedule transportation, roadside assistance, legal, parking, and other services. Unless otherwise agreed by ELF in a separate written agreement with you, the Services are made available solely for your personal, noncommercial use.

No partnership, joint venture, fiduciary, or agency relationship is created between you and ELF as a result of these Terms or your use of the Services. Except as expressly stated with respect to limited payment collection services, neither party has authority to bind the other, and neither party shall be deemed to have assumed any duties or obligations beyond those expressly set forth in these Terms.

ELF reserves the right to suspend, modify, or restrict Services in any jurisdiction or category of service in order to comply with regulatory guidance, enforcement actions, or licensing requirements imposed by the New York City Taxi and Limousine Commission or other governmental authorities.

2. NO EMPLOYMENT RELATIONSHIP
Third-party service providers (“Providers”) are independent contractors and not employees, agents, joint venturers, or partners of ELF in any way. ELF does not control the manner or means of provided services.

Provider acknowledges and agrees that Provider has complete discretion to provide Services or otherwise engage in any other business or employment activities, including but not limited to providing services similar to the Services to other companies, and that ELF does not, and shall not be deemed to, restrict Provider from engaging in any such activity.

Any effort, feature, process, policy, standard, or other effort undertaken by ELF to facilitate your receipt of third-party services or in the interest of safety or security (whether required by applicable regulations or not) is not an indicia of an employment, actual agency, apparent agency, or ostensible agency relationship with a Provider.

3. ELIGIBILITY
The Services may only be used by individuals who have the right and authority to enter into this Agreement and are fully able and competent to satisfy the terms, conditions, and obligations herein. Users represent and warrant that they are at least 18 years old.

To use the Services, each User shall create a User Account. Each eligible person may create a maximum of one account, and ELF may deactivate any additional or duplicate accounts. User may not allow other persons to use their User Account and may not use their User Account on behalf of any third party.

You are solely responsible for maintaining the confidentiality and security of your account credentials, including any username, password, verification code, or device used to access the Services. You agree that all activity occurring under your account is deemed authorized by you unless you promptly notify ELF of unauthorized access or suspected security breaches. ELF is not responsible for any losses, damages, or liabilities arising from unauthorized use of your account, except to the extent required by applicable law. You agree to immediately notify ELF of any actual or suspected unauthorized use of your account or compromise of account credentials.

ELF may disable or delete your account if after registration your account is not confirmed (where applicable), your account is unused and remains inactive for an extended period of time, if we detect someone may have used it without your permission and we are unable to confirm your ownership of the account, if we detect fraud, or where we are required to do so under applicable law. To the maximum extent permitted by applicable law, ELF and its affiliates assume no liability for such loss of access and use and will have no obligations related to such loss.

To the extent permitted by applicable law, ELF is not required to provide notice, explanation, or an appeal process in connection with any suspension, restriction, or termination of access to the Services.

4. NETWORK ACCESS AND DEVICES
User is responsible for obtaining the data network access necessary to use the Services. User’s mobile network’s data and messaging rates and fees may apply if User accesses or uses the Services from a wireless-enabled device and User shall be responsible for such rates and fees. User is responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services. ELF does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.

5. OWNERSHIP AND LICENSE
The Services and all rights, title, and interest, including all related intellectual property rights therein are and shall remain the property of ELF.

Any submissions provided by you remains your property. However, by providing submissions to ELF, you grant ELF a worldwide, perpetual, irrevocable, transferrable, royalty-free license, with the right to sublicense, use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such user content in all formats and distribution channels now known or hereafter devised, without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.

If you provide ELF with any feedback, suggestions, ideas, improvements, or recommendations regarding the Services, you grant ELF a worldwide, perpetual, irrevocable, royalty-free right to use, implement, modify, commercialize, and otherwise exploit such feedback for any purpose without compensation or attribution to you.

Subject to User’s compliance with these Terms, ELF grants User a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to: (a) access and use the Services on User personal device solely in connection with User’s use of the Services; and (b) access and use any content, information and related materials that may be made available through the Services, in each case solely for User’s personal, noncommercial use. Any rights not expressly granted herein are reserved by ELF and ELF’s licensors.

Users may not: (a) remove any copyright, trademark or other proprietary notices from any portion of the Services; (b) reproduce, modify, distribute, license, lease, sell, rent, lend, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by ELF; (c) modify, adapt, decompile, translate, reverse engineer, decipher, or otherwise disassemble the Services; (d) cause or launch any programs or scripts for the purpose of, or which result in, unduly burdening or hindering the operation and/or functionality of any aspect of the Services; (e) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks; (f) frame, link to, or mirror any part of the Apps; (g) use any process for the purpose of retrieving, indexing, scraping, “data mining”, copying, accessing, acquiring information, generating impressions or clicks, inputting or storing information, searching, or monitoring any portion of the Apps.

User agrees not to misuse the Services, violate laws, harass others, interfere with platform operation, or use the Services for unlawful purposes.

You represent, warrant, and agree that you will use the Services only for lawful purposes and in compliance with all applicable laws, regulations, and these Terms. You agree not to misuse the Services, engage in fraudulent, deceptive, abusive, threatening, harassing, discriminatory, or unsafe conduct, interfere with the operation of the Services, attempt to circumvent platform safeguards, or use the Services in any manner that could harm ELF, Providers, Users, or third parties.

6. PRICING AND FEES
Your use of the Services may result in charges to you for the services or goods you receive from ELF and/or Users (collectively, “Charges”). Prices displayed to you when requesting or purchasing Services may include amounts charged by the applicable Provider and fees retained by ELF for use of the platform. Charges will include applicable taxes where required by law, surcharges, and other applicable fees.

Prior to confirming a request for Services, you will be presented with an estimated price or price range for the requested Services, unless otherwise permitted by applicable law. Actual Charges may differ from estimates based on various marketplace factors.

ELF facilitates pricing through automated tools. Prices are determined dynamically based on market factors, including supply and demand, and are not wages, compensation, or remuneration of any kind. ELF may modify pricing algorithms, pricing structures, or price components at its discretion, subject to applicable law. At certain times, including periods of high demand or limited availability, Charges may increase substantially. ELF does not guarantee the availability of Services or any particular pricing level. For the avoidance of doubt, ELF does not set, control, or guarantee Provider earnings, compensation, or profitability, and does not establish minimum or maximum rates for Providers except as required by applicable law.

Providers are independent contractors and retain the option to accept, decline, ignore, or cancel requests for Services through the Apps, subject to ELF’s then-current cancellation and usage policies. ELF does not control the manner, means, or methods by which Providers perform Services and does not assume responsibility for the quality, safety, legality, or execution of Services provided by Providers.

ELF is not a bank or payment processor. ELF acts solely as a limited payment collection agent for Providers for the purpose of collecting Charges owed for completed Services. This limited agency is provided solely for convenience and does not create any partnership, joint venture, employment, fiduciary, or agency relationship beyond payment collection. Charges owed to Providers are owed directly to the applicable Provider, and payment of such Charges through the Apps shall be considered the same as payment made directly by you to the Provider. Payment to a Provider is deemed to occur at the moment you submit payment through the Apps. Certain Charges may be owed and paid directly to ELF or its affiliates, and will also be processed at the time of the transaction.

Payment processing services for ELF are currently provided by third-party providers, including Stripe, and are subject to their respective terms of service. By using the Services, you agree to be bound by such third-party terms as may be modified from time to time. You agree to provide accurate and complete information and authorize ELF to share information and transaction data with its payment processing providers for the purpose of facilitating payment processing. ELF reserves the right to change, add, or replace payment processing providers at its discretion without prior notice.

When you add a payment method to your account, you authorize ELF and its payment service providers to store and charge your payment method for any Charges incurred through your use of the Services. Payment methods added to your account may be saved in your ELF wallet. You may add multiple payment methods, and you authorize ELF to charge any available payment method on file if your selected payment method is expired, invalid, or otherwise unable to be charged. ELF reserves the right to decline, refuse, or limit the use of any payment method that ELF reasonably believes may be unauthorized, fraudulent, illegal, or otherwise present an unacceptable level of risk.

Upon adding a payment method or submitting a request for Services, ELF may seek an authorization to verify your payment method and ensure sufficient funds are available. Such authorization is not a charge but may temporarily reduce your available balance or credit limit. ELF is not responsible for overdraft, insufficient funds, or similar charges imposed by your financial institution.

ELF may, but is not obligated to, provide refunds, credits, or fare adjustments in its sole discretion, including in response to disputes or service issues, without admitting liability. All fare disputes must be submitted in accordance with ELF’s support and dispute procedures, and ELF does not guarantee resolution in your favor.

ELF does not require, encourage, or discourage tipping. Users may, at their discretion, provide gratuities or additional payments to Providers outside of the Apps. Providers are solely responsible for compliance with all applicable tax, wage, and labor laws related to gratuities or off-platform payments. ELF does not represent that gratuities constitute wages, compensation, or employment-related payments, and assumes no responsibility or liability for off-platform payments, disputes, or transactions conducted directly between Users and Providers.

ELF reserves the right to modify, suspend, or adjust pricing practices, fare components, or fee structures as required by applicable law, regulation, or governmental or regulatory authority, including but not limited to requirements imposed by transportation regulators or consumer protection agencies.

User may receive coupons, bonuses, gifts, credits, discounts, or other promotions (Collectively, “Credits”) that User can apply toward payment of certain Charges. Relevant Credits are applied automatically in the Apps and cannot be combined unless expressly provided otherwise. Credits are valid only for use on the Apps, have an expiration date, and are not transferable or redeemable for cash. If the cost of User’s Charges exceeds the applicable Credit value, we may charge User’s payment methods on file for the Charges in excess of the Credit amount. Additional restrictions on Credits may apply as communicated to User in the process of using the Apps.

7. COMMUNICATION
By creating an account, User consents to receive communications from ELF, including SMS/text messages, push notifications, emails, and other electronic messages (“Messages”), as part of the normal operation of the Services. These Messages may include one-time passcodes, booking and trip-related notifications, account updates, customer support communications, and promotional or informational messages. Notices may be provided electronically via the Services, email, or posting within the Apps.

User is solely responsible for any messaging, data, or other charges imposed by User’s wireless or internet service provider. Message and data rates may apply.

User may opt out of receiving promotional Messages at any time through the Apps settings, by replying “STOP” to SMS messages, or by contacting customer support at info@spotelf.com. User acknowledges that opting out of certain Messages, including service-related or transactional communications, may limit or prevent User’s ability to access or use the Services.

8. REGULATORY COMPLIANCE
Both parties agree to operate in full compliance with all United States governmental laws, regulations, and requirements applicable to its obligations and to maintain all licenses, permits, and approvals required for its performance under this Agreement.

If providing Services as a Provider, Provider represents, warrants, and agrees that Provider is solely responsible for complying with all applicable federal, state, and local laws and regulations, including all requirements of the New York City Taxi and Limousine Commission (“TLC”), Department of Transportation (“DOT”), and other relevant regulatory bodies. This includes maintaining all required licenses, permits, approvals, insurance, and authorizations necessary to lawfully provide Services. ELF does not guarantee or continuously verify Provider’s regulatory compliance beyond initial onboarding requirements.

Without limiting the foregoing, Provider represents and agrees that, while using the Services, Provider: (a) holds a valid driver’s license, is medically fit, and is legally authorized to operate a motor vehicle if required; (b) possesses all licenses, approvals, and authority required to provide services in each jurisdiction in which Services are offered; (c) owns or has the legal right to operate the vehicle used to provide Services, and ensures that such vehicle is properly registered, insured, in safe operating condition, compliant with all applicable laws and recalls, and meets applicable TLC, DOT, and safety requirements; (d) operates the vehicle safely and lawfully, and does not drive recklessly, under the influence of alcohol or drugs, or in any manner that endangers others; (e) provides Services only using a vehicle approved through the platform, does not exceed the vehicle’s lawful passenger capacity, and does not permit unauthorized third parties to accompany Provider while providing Services; (f) does not accept street hails, operate as a taxi or common carrier, demand cash payments, process off-platform fares, or otherwise collect payment except as expressly permitted through the Services; (g) does not engage in fraudulent, deceptive, or abusive conduct toward ELF or users. ELF may withhold payments and take appropriate action if fraud or misuse is suspected; (h) complies with all applicable non-discrimination laws and provides legally required accommodations, including for service animals and mobility devices; (i) authorizes ELF to obtain, review, or request information related to Provider’s service and driving history, criminal background, or regulatory status, and agrees to provide necessary authorizations or documentation upon request; (j) maintains valid automobile liability and other insurance meeting all applicable legal and platform requirements; (k) is solely responsible for reporting and paying all applicable federal, state, and local taxes arising from Provider’s provision of Services.

9. DISCLAIMER OF WARRANTIES
The services are provided “as is” and “as available,” without warranty of any kind, express, implied, or statutory. To the maximum extent permitted by applicable law, ELF disclaims all warranties, including without limitation any implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

ELF does not supervise, direct, monitor, or control Users or Providers, and does not have any obligation to monitor, verify, screen, or investigate interactions, conduct, communications, or disputes between Users and Providers. ELF does not assume any duty to intervene in, prevent, or resolve incidents, disputes, injuries, or damages arising from interactions between Users and third parties, except as expressly required by applicable law.

ELF does not warrant that the Services will be uninterrupted, error-free, secure, or available at any particular time or location, or that any defects or errors will be corrected. ELF makes no representations or warranties regarding the quality, safety, suitability, legality, or ability of any third-party service provider. All transportation, services, and interactions are undertaken at User’s own risk.

10. CONFIDENTIALITY
Providers shall not use any technical, financial, strategic and other proprietary and confidential information relating to ELF’s business, operations and properties, information about a User made available to Provider in connection with such User’s use of the Apps, which may include the User’s name, pick-up and drop-off locations, contact information and photo (“Confidential Information”) disclosed to Provider by ELF or the Apps for Provider’s own use or for any purpose other than as described in this Agreement. All Users, including Providers, agree not to use, disclose, copy, store, or otherwise misuse any personal, confidential, or proprietary information of another User obtained through the Services except as necessary to use the Services in accordance with these Terms and applicable law.

11. LIMITATION OF LIABILITY
To the fullest extent permitted by applicable law, ELF shall not be liable for any indirect, incidental, special, exemplary, punitive, or consequential damages, including without limitation lost profits, lost data, personal injury or death, or property damage, arising out of or related to your use of or inability to use the Services, even if ELF has been advised of the possibility of such damages.

ELF shall not be liable for any damages, losses, or liabilities arising from: (a) your use of or reliance on the Services; (b) delays, service interruptions, or failures caused by events beyond ELF’s reasonable control; or (c) any transaction, interaction, or relationship between you and any third-party service provider, including Providers.

You acknowledge that the Services are provided by independent third-party providers, not by ELF. Such providers are not employees, agents, joint venturers, or representatives of ELF, and ELF does not assume responsibility or liability for the acts or omissions of any third-party service provider.

The Services may be used to request or schedule transportation, roadside assistance, legal, parking, or other services with third-party providers; however, ELF does not provide these services and has no responsibility or liability for services provided or not provided by third-party providers, except as expressly stated in these Terms.

ELF shall not be liable for any damages, losses, or injuries arising from the absence, improper installation, or use of child restraint systems or other safety equipment, even where such equipment is legally required.

To the fullest extent permitted by applicable law, ELF’s total liability to you for any claims, losses, or damages arising out of or related to the Services or these Terms shall not exceed the greater of (a) the total amounts paid by you to ELF in the twelve (12) months immediately preceding the event giving rise to the claim; or (b) one hundred U.S. dollars (US $100).

Nothing in this Section is intended to exclude or limit liability that cannot be excluded under applicable law. In jurisdictions where certain limitations of liability are not permitted, ELF’s liability shall be limited to the maximum extent allowed by law.

ELF makes no representations or warranties regarding insurance coverage maintained by ELF or any third-party service provider and shall not be liable for any claims arising from statements or assumptions relating to such coverage.

12. INDEMNIFICATION
12.1 General Indemnification.
You agree to indemnify, defend, and hold harmless ELF, its affiliates, and their respective officers, directors, employees, and agents from and against any and all claims, demands, actions, losses, liabilities, damages, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your access to or use of the Services or any services or goods obtained through the Services; (b) your breach of these Terms or violation of any applicable law, regulation, or regulatory requirement; (c) ELF’s use of any content or information you submit, post, or transmit through the Services; or (d) your infringement or violation of the rights of any third party, including Users or Providers.

ELF reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which case you agree to cooperate fully with ELF in asserting any available defenses.

12.2 Provider-Specific Indemnification
If you are a Provider, you further agree to indemnify, defend, and hold harmless ELF and its affiliates from and against any and all claims, demands, actions, losses, liabilities, damages, costs, penalties, fines, or expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your provision of Services, including any acts or omissions occurring while logged into or using the Services; (b) your failure to comply with applicable laws or regulations, including but not limited to New York City Taxi and Limousine Commission (TLC) and Department of Transportation (DOT) rules, licensing, insurance, vehicle, safety, accessibility, or anti-discrimination requirements; (c) any traffic violations, citations, accidents, injuries, property damage, or other incidents involving you or your vehicle; (d) any misrepresentation regarding your eligibility, licensing, insurance coverage, vehicle approval, or regulatory compliance; (e) any employment-related, wage-related, tax-related, or benefits-related claims asserted by you or on your behalf against ELF, including claims alleging employee status or misclassification; or (f) any claim by a User, third party, or governmental authority arising from your conduct, statements, or provision of Services.

This Provider-specific indemnification obligation survives termination of these Terms and applies regardless of whether ELF is alleged to have been negligent, except to the extent such liability cannot be waived or indemnified under applicable law.

13. DISPUTE RESOLUTION & ARBITRATION
Any dispute or claim arising from or relating to the Terms shall be settled by final and binding arbitration, using the English language, administered by the American Arbitration Association (the “AAA”) under its Consumer Arbitration Rules (the "AAA Rules") then in effect, unless otherwise required by law. Arbitration will be handled by a sole arbitrator in accordance with those rules. Judgment on the arbitration award may be entered in any court that has jurisdiction. Any arbitration or mediation under the Terms will take place on an individual basis ― class arbitrations and class actions are not permitted. By agreeing to the Terms, User and ELF are each waiving the right to trial by jury or to participate in a class action lawsuit.

Notwithstanding the foregoing, claims that by applicable law are not subject to arbitration, including claims for injunctive or equitable relief or to enforce intellectual property rights, shall be brought exclusively in the state or federal courts specified in Section 14.

No action shall be brought for any claim relating to or arising out of this Agreement more than one (1) year after the accrual of such cause of action, except for money due on an open account.

14. GOVERNING LAW
This Agreement shall be governed by the laws of the State of New York without regard to its conflict of laws principles. The parties hereby agree that any action arising out of this Agreement and related to claims not subject to arbitration will be brought solely in any state or federal court located in Manhattan, New York.

15. SURVIVAL AND SEVERABILITY
All provisions relating to limitation of liability, indemnity, arbitration, platform role, and any provision set forth which is intended to survive, shall survive termination. These Terms are for the sole benefit of the parties and do not create any third-party beneficiary rights in favor of any other person or entity, including without limitation Providers, Users, or any other third party.

In the event that any part of this Agreement is deemed invalid, illegal, or otherwise unenforceable: (a) ELF shall use all reasonable efforts to amend the Terms to eliminate any such invalidity, illegality, or unenforceability to the extent practically possible, taking into full account its original intent when entering into this Agreement; (b) the remaining provisions of the Agreement shall continue in full force and effect. The failure of ELF to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

Headings used in these Terms are for convenience only and shall not be used to interpret, construe, or affect the meaning of any provision of these Terms.

16. FORCE MAJEURE
Neither party shall be liable for any failure or delay in the performance of its obligations under this Agreement, except for the payment of money, if such failure or delay is on account of causes beyond its reasonable control, including but not limited to: (a) civil commotion, war; (b) fires, floods, accident, earthquakes, inclement weather; (c) telecommunications line failures, electrical outages, network failures; (d) governmental regulations or controls; (e) strikes or labor disputes; (f) pandemics, epidemics, local disease outbreaks, public health emergencies, communicable diseases, quarantines; (g) terrorism, acts of God; (h) government shutdowns, regulatory moratoria; or (i) other similar or different occurrences beyond the reasonable control of the party so defaulting or delaying in the performance of this Agreement, for so long as such force majeure event is in effect.

17. ASSIGNMENT
User may not assign these Terms without ELF’s prior written consent. ELF may assign these Terms freely.

18. ELECTRONIC COMMUNICATIONS
By accessing or using the Services, you consent to conduct business electronically with ELF and agree that all agreements, notices, disclosures, and other communications provided to you electronically, including through the Services, email, or other electronic means, satisfy any legal requirement that such communications be in writing. You agree that your electronic acceptance of these Terms, and your continued use of the Services, constitutes a legally binding electronic signature under applicable law, including the U.S. Electronic Signatures in Global and National Commerce Act (“ESIGN”) and the Uniform Electronic Transactions Act (“UETA”). You acknowledge that you may retain a copy of these Terms by downloading or printing them.

19. EXPORT AND SANCTIONS COMPLIANCE
You represent and warrant that you are not located in, under the control of, or a national or resident of any country subject to U.S. embargoes or sanctions, and that you are not listed on any U.S. government restricted party list. You agree not to use the Services in violation of U.S. export control or sanctions laws.

20. NOTICES
Except as otherwise stated in these Terms, any legal notices to ELF must be sent by certified mail or nationally recognized courier to ELF’s principal place of business, and notices to Users may be provided electronically via the Services or email. Electronic notice shall be deemed received when transmitted.

These Terms constitute the entire agreement between User and ELF. Failure to enforce any provision is not a waiver.