Terms of Service

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING OPERR® TECHNOLOGIES’ SERVICES
(“Operr.com” and the “Operr Technologies, Inc. app”)


OPERR® Preamble

The following sets forth the general terms and conditions (the “Terms”) between OPERR Technologies, Inc. (“www.operr.com” and the “Operr Technologies, Inc. App”) and eligible drivers (“Driver” or “Drivers”) and of the services, content, and applications offered by Operr Technologies, Inc. (the “Services”). By using the Operr Technologies, Inc. website (“www.operr.com”) and the Operr Technologies, Inc. application (the “Operr Technologies, Inc. App”) and/or the Services, Drivers agree to be bound by these Terms.


These Terms supersede any and all prior communications, agreements and understandings of the parties in respect of the use of the Operr Technologies, Inc. App and/or the Services and shall apply in preference to and supersede any and all other terms and conditions submitted by the Driver.

NOTE: Nothing herein changes the applicability of any otherwise applicable law, rule, ordinance, or regulation pertaining to the transportation of Passengers in for-hire vehicles. Drivers are bound by such laws, rules, ordinances, and regulations, in particular the laws, rules, ordinances, and regulations pertaining to minimum and maximum charges for such transportation.


1. Disclaimer


1.1. OPERR TECHNOLOGIES, INC. DOES NOT PROVIDE TRANSPORTATION SERVICES AND IS NOT A CAR SERVICE COMPANY OR TRANSPORTATION CARRIER. OPERR TECHNOLOGIES, INC. ONLY OFFERS INFORMATION AND A METHOD TO OBTAIN CARS FOR TRANSPORTATION.  IT IS UP TO THE DRIVER OR VEHICLE OPERATOR TO PROVIDE TRANSPORTATION SERVICES, WHICH MAY BE ORDERED AND SCHEDULED THROUGH THE OPERR TECHNOLOGIES, INC. APP. OR THROUGH WWW.OPERR.COM. OPERR TECHNOLOGIES, INC. HAS NO RESPONSIBILITY OR LIABILITY FOR ANY TRANSPORTATION SERVICES OR OTHER SERVICES PROVIDED BY YOU.


1.2. FOR-HIRE DRIVERS THAT USE THE SERVICE AND THE OPERR TECHNOLOGIES, INC. APP TO OBTAIN FARES ARE NOT EMPLOYEES, AGENTS OR AFFILIATES OF OPERR TECHNOLOGIES, INC. OPERR TECHNOLOGIES, INC. TAKES NO RESPONSIBILITY AND ASSUMES NO LIABILITY FOR ANY ACTS OR OMISSIONS OF FOR-HIRE DRIVERS WHO USE THE OPERR TECHNOLOGIES, INC. APP.  THE QUALITY OF THE TRANSPORTATION SERVICES ORDERED THROUGH THE USE OF THE SERVICES AND THE OPERR TECHNOLOGIES, INC. APP IS ENTIRELY THE RESPONSIBILITY OF THE FOR-HIRE DRIVER OR FOR-HIRE COMPANY PROVIDING SUCH TRANSPORTATION SERVICES. AS DRIVER, UNDERSTAND AND ACKNOWLEDGE, THEREFORE, THAT BY USING THE OPERR TECHNOLOGIES, INC. APP YOU ARE SOLELY RESPONSIBLE FOR DAMAGES AND CLAIMS ARISING FROM TRANSPORTATION YOU PROVIDE THAT IS POTENTIALLY DANGEROUS, OFFENSIVE, HARMFUL TO MINORS OR OTHERS, UNSAFE OR OTHERWISE OBJECTIONABLE, AND THAT OPERR TECHNOLOGIES, INC. ASSUMES NO RESPONSIBILITY OR LIABILITY FOR YOUR CONDUCT OR ACTIONS.

1.3. DRIVERS USING THE OPERR TECHNOLOGIES, INC. APP, WWW.OPERR.COM, OR ANY OTHER SERVICE PROVIDED BY OPERR TECHNOLOGIES, INC. ARE NOT EMPLOYEES OF OPERR TECHNOLOGIES, INC. OR ANY COMPANY OR COMMERCIAL ENTITY ASSOCIATED OR AFFILIATED WITH OPERR TECHNOLOGIES.

1.3.1. DRIVERS USING THE OPERR TECHNOLOGIES, INC. APP, WWW.OPERR.COM, OR ANY OTHER SERVICE PROVIDED BY OPERR TECHNOLOGIES, INC. ARE RESPONSIBLE FOR THEIR OWN TAX OBLIGATIONS. OPERR TECHNOLOGIES, INC. DOES NOT WITHHOLD TAX MONIES NOR SUBMIT PAYMENTS OF SAME TO THE VARIOUS TAXING AUTHORITIES ON BEHALF OF DRIVERS.

1.3.2. DRIVERS USING THE OPERR TECHNOLOGIES, INC. APP, WWW.OPERR.COM, OR ANY OTHER SERVICE PROVIDED BY OPERR TECHNOLOGIES, INC. ARE RESPONSIBLE FOR THEIR OWN INSURANCE OBLIGATIONS AS REQUIRED UNDER NEW YORK CITY, STATE AND FEDERAL LAW. AS INDEPENDENT CONTRACTORS, OPERR TECHNOLOGIES, INC. DOES NOT PROVIDE LIABILITY INSURANCE COVERAGE, HEALTH INSURANCE COVERAGE OR ANY OTHER FORM OF INSURANCE THAT WOULD OTHERWISE BE REQUIRED WERE THE DRIVER AN ACTUAL EMPLOYEE OF OPERR TECHNOLOGIES, INC.

1.3.3. DRIVERS USING THE OPERR TECHNOLOGIES, INC. APP, WWW.OPERR.COM, OR ANY OTHER SERVICE PROVIDED BY OPERR TECHNOLOGIES, INC. ACKNOWLEDGE THAT THEY ARE NOT REQUIRED TO USE THE OPERR TECHNOLOGIES, INC. APP, WWW.OPERR.COM, OR ANY OTHER SERVICE PROVIDED BY OPERR TECHNOLOGIES, INC. AND ARE NOT DIRECTED WITH REGARDS TO USE OF SAME BEYOND COMPLIANCE WITH CITY, STATE AND FEDERAL LAW. OPERR TECHNOLOGIES, INC. DOES NOT SET DRIVER WORK HOURS OR CONDITIONS. DRIVERS MUST COMPLY WITH THE WORK HOURS AND CONDITIONS SET BY THEIR AFFILIATED BASE AND MAY ONLY WORK USING THE OPERR TECHNOLOGIES, INC. APP, WWW.OPERR.COM, OR ANY OTHER SERVICE PROVIDED BY OPERR TECHNOLOGIES, INC. DURING THE OPERATING HOURS OF THEIR AFFILIATED BASE.

1.3.4. OPERR TECHNOLOGIES, INC. ASSUMES NO RESPONSIBILITY OR LIABILITY FOR ACTS COMMITTED BY DRIVERS WHILE USING THE OPERR TECHNOLOGIES, INC. APP, WWW.OPERR.COM, OR ANY OTHER SERVICE PROVIDED BY OPERR TECHNOLOGIES, INC.

1.3.5. DRIVERS WILL HOLD HARMLESS AND INDEMNIFY OPERR TECHNOLOGIES, INC. FOR CLAIMS MADE AGAINST OPERR TECHNOLOGIES, INC. AS THE RESULT OF DRIVERS’ ACTS OR NEGLIGENCE.

1.3.6. BY REGISTERING AND BEING APPROVED TO USE THE OPERR TECHNOLOGIES, INC. APP, WWW.OPERR.COM, OR ANY OTHER SERVICE PROVIDED BY OPERR TECHNOLOGIES, INC., YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT AND ACKNOWLEDGE THAT YOU ARE AN INDEPENDENT CONTRACTOR, AND MAY MAKE NO CLAIMS OF EMPLOYMENT BY OPERR TECHNOLOGIES, INC. OR ANY COMPANY OR COMMERCIAL ENTITY ASSOCIATED OR AFFILIATED WITH OPERR TECHNOLOGIES. YOU FURTHER AGREE TO PAY THE COSTS AND EXPENSES INCURRED BY OPERR TECHNOLOGIES, INC. IN DEFENDING ANY SUBSEQUENT CLAIM BY YOU FOR EMPLOYMENT BENEFITS OR STATUS.

2. Services of Operr Technologies, Inc.


2.1.  The Driver shall register with Operr Technologies, Inc., furnishing accurate information, before using the services of Operr Technologies, Inc. Upon successful registration and approval by Operr Technologies, Inc., the Driver shall be entitled to use the Operr Technologies, Inc. App that is Operr Technologies, Inc. and the Services in accordance with these Terms and all applicable laws, rules, ordinances, and regulations.


2.2. Operr Technologies, Inc. shall provide the Driver with the Operr Technologies, Inc. App and certain services for internet-enabled portable terminal devices such as smartphones (hereinafter, “Terminal Devices”). The Operr Technologies, Inc. App may be provided via a download link. Operr Technologies, Inc. does not provide Terminal Devices themselves to Drivers.

2.3.  Using the Operr Technologies, Inc. App, the Driver may receive transportation orders through the service from potential Passengers looking for a driver through Operr Technologies, Inc. (hereinafter, “Passengers”). The location of the Driver will be displayed after localization and can be followed by the Passenger via the Operr Technologies, Inc. App on a map. Driver specific information, which may include the driver’s vehicle’s registration and/or license plate number, speed, and evaluation rating, will be displayed on the Passenger’s Terminal Device. Prior to choosing a driver, the vehicle symbol on the Passenger’s Terminal Device does not display Driver specific information (anonymous data only).  After clicking on the vehicle symbol, the Passenger initially is only able to view the type of vehicle and its year of production. When the Driver starts the Operr Technologies, Inc. App, his/her vehicle’s location can be identified by all Passengers and other Drivers also using the Operr Technologies, Inc. App. Drivers can set their status to “OFF DUTY” at any time via the Operr Technologies, Inc. App.


2.4.     The scope of Operr Technologies, Inc. service and use of the Operr Technologies, Inc. App does not include the use of the required internet connection. Operr Technologies, Inc. does not provide internet access as part of the Services, nor does Operr Technologies, Inc. provide or maintain the networks over which the Services are provided. It is Driver’s sole responsibility to arrange for internet access and to configure the Terminal Device for use with the Operr Technologies, Inc. All associated costs and fees are the Driver’s sole responsibility.


2.5.     For every transportation of a Passenger completed using the Operr Technologies, Inc. App, the Driver shall pay the charge agreed in accordance with the Operr Technologies, Inc. Apportionment (which is set forth at www.operr.com). To the extent permitted by applicable law or regulation, there is no charge to the Passenger for placing an order for transportation via the Operr Technologies, Inc. App. Driver agrees not to charge any additional fee to the Passenger relating to the Passenger’s use of Operr Technologies, Inc. Services.

2.6.     Subject to applicable New York law and regulation, Operr Technologies, Inc. considers that a legally binding contract of carriage is entered into between the Driver and the Passenger through the use of the Operr Technologies, Inc. App when the “ACCEPT” button is pressed by the Driver. The for-hire vehicle journey shall be billed to the Passenger in accordance with valid contractual and statutory provisions in effect in New York City.

3. Billing for the Operr Technologies, Inc. Service


3.1. The Driver shall be charged the Operr Technologies, Inc. Apportionment for the Operr Technologies, Inc. Services. Drivers are obligated to disclose the charges to their affiliated base (for-hire vehicle/livery & car hire services).


3.2.  Data related to Operr Technologies, Inc. Fares and the Operr Technologies, Inc. Apportionment shall be charged by Operr Technologies, Inc. and will be available to the Drivers on the Operr Technologies, Inc. website (www.operr.com) under the Drivers’ personal account information. The statement of charges shall contain a summary of the following information: number of successful procurements of Passengers, the name of the Driver, the date and the time the fare was accepted by the Driver and any other information which Operr Technologies, Inc., at its discretion, may wish to include.

4. Fees and Charges

4.1. Passengers agree to pay the amounts charged for use of the Operr Technologies, Inc. App and related services (“Charges”). Charges include fares, and other applicable fees, tolls, surcharges and taxes – all of which can be found on the Operr Technologies, Inc. website. (www.operr.com) as well as any gratuities they choose to give you as Driver. Operr Technologies, Inc. reserves the right to determine and modify its pricing by posting applicable pricing terms to your market’s Operr Technologies, Inc. Cities page. Pricing can vary based on the type of service requested by Passengers as described on your market’s Operr Technologies, Inc. Cities page.

4.2 There are two categories of fares – Variable and Quoted.

4.2.1. Variable Fares consist of a base charge and incremental charges based on the trip duration and distance. For very short trips, a minimum fare may apply.  Please note that we use GPA data from your phone to calculate the distance traveled on your Passenger’s ride. We cannot guarantee the availability or accuracy of such GPS data. In the event we lose your phone’s signal, we will use available data from your trip to calculate the time and distance.

4.2.2. Quoted Fares may be provided at the time a Passenger requests a trip. The quote is subject to change until the trip request is confirmed. In the event your Passenger changes their destination during the trip, request multiple stops or attempt in any way to abuse the Operr Technologies, Inc. App and its services, we reserve the right to cancel the fare quote and charge a variable fare based on the actual time and distance of your Passenger’s ride. Operr Technologies, Inc. does not guarantee that the quoted pricing will be equal to a variable fare for the identical trip.

4.2.3. Operr Technologies, Inc.’s fares may also be subject to a multiplier during times of high demand for our services, which shall be determined at Operr Technologies, Inc.’s sole discretion. For all trips with a variable fare, Operr Technologies, Inc. will use reasonable efforts to inform your Passenger of any “prime time” multipliers in effect at the time of his/her request. For quoted fares we may factor in the “prime time” multiplier into the quoted price of the ride. Any “prime time” charges will be considered part of the fare.

4.3. Additional Charges and Fees

4.3.1. Operr Technologies, Inc. may charge a per-ride service fee to support the Operr Technologies, Inc. App platform and related services provided to Passengers by Operr Technologies, Inc. The amount of the service fee may vary but will be retained by Operr Technologies, Inc. in its entirety.

4.3.2. Cancellation Fee – After requesting a trip, a Passenger may cancel it through the App but in certain cases a cancellation fee may apply. The Passenger will also be charged if he/she fails to show up after requesting a trip. Please check with our Help Center to learn more about Operr Technologies, Inc.’s cancellation policy and fees. Collected cancellation fees are passed in their entirety to the Driver who had accepted the trip request.

4.3.3. Repair or Cleaning Fees. Passengers shall be responsible for the cost of repair for damage to, or any necessary cleaning of, vehicles and property resulting from use of the Services under their Account in excess of normal “wear and tear” damages and necessary cleaning (“Repair or Cleaning”). In the event that a Repair or Cleaning request is verified by Operr Technologies, Inc. in Operr Technologies, Inc.’s reasonable discretion, Operr Technologies, Inc. reserves the right to facilitate payment for the reasonable cost of such Repair or Cleaning using that Passenger’s payment method as designated in their Account. Such amounts will be transferred by Operr Technologies, Inc. to a Third-Party Provider, if applicable, or to you if appropriate.

4.3.4. Tolls. Tolls and return tolls may apply to your Passenger’s trip. Please see our Help Center and your market’s Operr Technologies, Inc. Cities page for more information about toll charges and a list of applicable tolls and return charges. Operr Technologies, Inc. does not guarantee that the amount it charges for tolls will match the toll charged to you as Driver. The amount of collected toll charges will be passed in their entirety to the Driver who provided the Passenger’s trip.

4.3.5. Other Charges. Other fees and surcharges may apply to your Passenger’s ride, including: actual or anticipated airport fees, state and local fees, event fees as determined by Operr Technologies, Inc. or its marketing partners, and processing fees for split payments (i.e. – multiple payer of single trip fare). In addition, where required by law, Operr Technologies, Inc. will collect all applicable taxes. These charges are not shared with you as Driver unless expressly stated otherwise.

4.3.6. Gratuities. Once your Passenger’s trip is completed, he/she may choose to tip you in cash or via the Operr Technologies, Inc. App. All tips go to you in their entirety. At no time may you request or otherwise pressure a Passenger to give you a tip. Operr Technologies, Inc. reserves the right to terminate access to the Operr Technologies, Inc. App if you have been found to have violated this provision.

4.4 General Fare and Fee Provisions

4.4.1. All Charges are facilitated through a third-party payment processing service (such as Braintree, which is a division of PayPal, Inc.). Operr Technologies, Inc. may replace its third-party payment processing services without notice to you or your Passengers. Charges will only be made through the Operr Technologies, Inc. App. Aside from gratuities, as addressed above, no cash payments are permitted. Operr Technologies, Inc. reserves the right to terminate access to the Operr Technologies, Inc. App if you have been found to have violated this provision.

4.4.2. All charges are non-refundable. This no-refund policy shall apply at all times. Drivers may not offer refunds or otherwise suggest that Operr Technologies, Inc. may issue refunds. This policy shall not apply where Driver has picked up by the wrong passenger, resulting in delay or failure to deliver passenger to his/her intended destination. 

5. Payment

5.1.   The Driver shall authorize Operr Technologies, Inc. upon registration to deduct the Operr Technologies, Inc. Apportionment from the Operr Technologies, Inc. Fares and to deposit the remaining money owed to Drivers into their bank accounts electronically, and the Driver undertakes to issue the necessary authorizations in a form reasonably acceptable to Operr Technologies, Inc. The authorization may be issued to Operr Technologies, Inc. either by ticking the appropriate box and filling in the required bank account information at the Operr Technologies, Inc. office when registering.

5.2 Gratuities by passengers are encouraged by Operr Technologies, Inc. through its app design, but are strictly voluntary on the part of the passenger. Gratuities collected through the Operr Technologies, Inc. App are passed through to Driver without deduction by Operr Technologies, Inc. and are not calculated into the Driver’s Payment Apportionment.


5.3.     The bank authorization issued to Operr Technologies, Inc. may be revoked at any time by the Driver. However, if the authorization is revoked, the Driver shall no longer be able to participate in the Services and the Driver’s account will be immediately terminated.

5.4 Driver represents that he/she will notify Operr Technologies, Inc. of any mistakes in and corrections necessary to the receipt for a Ride within three (3) business days after each Ride. Unless Operr Technologies, Inc. receives timely notification (within three (3) business days) of any correction needed, Operr Technologies, Inc. shall not be liable for any mistakes in the receipt or in any calculation of the Fares that are remitted to the Driver pursuant to the terms of this Agreement.

6. Driver and User Ratings.

6.1. Users who have used the Driving Service will be asked by Operr Technologies, Inc. to provide a rating for the Driving Service and the Driver, and may be asked to provide a comment. Operr Technologies, Inc. may also request the Driver to provide a rating for the User on the Driver App. Driver shall provide accurate and objective feedback. Operr Technologies, Inc. reserves the right to post both User and Driver ratings and comments for promotional purposes, with or without reference to the User or Driver.

6.2. The Driver acknowledges that Operr Technologies, Inc. is a distributor (without any obligation to verify) and not a publisher of these scores. Beyond the legal and regulatory requirements, Operr Technologies, Inc. shall not have and hereby disclaims any liability and responsibility for the content and consequences of the publication or distribution of any scores howsoever or whatsoever. 

6.3. The Driver acknowledges that Operr Technologies, Inc. desires to provide Users of its Software with the opportunity to connect with Drivers, which maintain the highest standards of professionalism. Driver agrees that he/she will maintain high standards of professionalism and service, including but not limited to professional attire and maintaining an average User rating set by Operr Technologies, Inc. based on the feedback from Users of its Software. Operr Technologies, Inc. utilizes a rating system designed to allow the Users of its Software to provide feedback on the level of service provided by those Drivers who accept requests for transportation received via the Operr Technologies, Inc. Service. Driver understands that there is a minimum rating he/she must maintain to continue receiving access to the Operr Technologies, Inc. Service and Software. In the event a Driver’s rating falls below the applicable minimum rating, Operr Technologies, Inc. at its sole discretion may, but does not have to, notify the Driver by email or other written or electronic means of communication. In the event the rating (based on User feedback) has not increased above the minimum, Operr Technologies, Inc. may deactivate the Driver’s access to the Software and to the Operr Technologies, Inc. Service. Operr Technologies, Inc. reserves the right, at all times and at Operr Technologies, Inc.’s sole discretion, to reclaim, prohibit, suspend, limit or otherwise restrict the Driver from accessing or using the Driver App if the Driver fails to maintain the standards of appearance and service required by Operr Technologies, Inc. or the Users of the Operr Technologies, Inc. Software, in which case the Driver shall not require any compensation for damages or losses including but not limited to image losses, loss of revenues or profit occurred in consequence of the suspension or the cancellation of the Operr Technologies, Inc. Service to the Driver.

6.4. DRIVER EXPRESSLY WAIVES AND RELEASES OPERR TECHNOLOGIES, INC. FROM ANY AND ALL LIABILITY, CLAIMS, CAUSES OF ACTION (INCLUDING LIBEL AND OTHER TORTS), OR DAMAGES ARISING FROM THE RATINGS POSTED BY THE USERS AND DRIVERS. IN NO EVENT SHALL OPERR TECHNOLOGIES, INC., IT AFFILIATED COMPANIES AND LICENSORS BE LIABLE TO ANYONE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING PERSONAL INJURY, LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) THAT MAY RESULT FROM SUCH RATINGS.

7. Revisions, Changes and Updates to the Operr Technologies, Inc. App


7.1.     Operr Technologies, Inc. reserves the right to revise, change and/or update the Operr Technologies, Inc. App in any manner in order to develop it further and improve it. It is the Driver’s responsibility to assure that the latest version of the Operr Technologies, Inc. App is installed on the Driver’s Terminal Device. Operr Technologies, Inc. assumes no responsibility for losses incurred by Drivers due to Driver’s failure to maintain the most current version of the Operr Technologies, Inc. App.


8. Availability; Limitation of Warranties


8.1.     Subject to these Terms, Operr Technologies, Inc. make available the Operr Technologies, Inc. App as well as associated services. Operr Technologies, Inc. warrants that the Operr Technologies, Inc. App shall function substantially as intended. Operr Technologies, Inc.’s sole obligation under this warranty shall be limited to using its reasonable efforts to ensure such conformity and operation and to make available to Driver a corrected version of the Operr Technologies, Inc. App as soon as practicable after discovery of an error. This warranty shall be void if the Operr Technologies, Inc. App is modified without the written consent of Operr Technologies, Inc.


8.2.     The Driver shall have no claim to the continuous and uninterrupted availability of the Operr Technologies, Inc. App or the Services. Operr Technologies, Inc. does not warrant (a) that operation of the Operr Technologies, Inc. App shall be uninterrupted or error free, or (b) that functions contained in the Operr Technologies, Inc. App shall operate in the combination which may be selected for use by Driver or meet Driver’s requirements. Operr Technologies, Inc. shall take reasonable steps to achieve maximum availability and to rectify faults in the Operr Technologies, Inc. App as in a prompt fashion consistent with its business plans.

8.3.     Under no circumstances shall Operr Technologies, Inc. be liable for the acts or omissions of any passengers using the Operr Technologies, Inc. App.

8.4.     Operr Technologies, Inc. is entitled to discontinue its service temporarily or permanently, with or without informing the Drivers, though reasonable efforts will be made to inform Drivers of interruptions in its service ahead of time. Information in this regard shall be available via the website http://www.operr.com.

8.5.     SERVICES AND THE OPERR TECHNOLOGIES, INC. APP ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, OPERR TECHNOLOGIES, INC. EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND ON INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHT. OPERR TECHNOLOGIES, INC. MAKES NO WARRANTY THAT ITS WEBSITE, THE OPERR TECHNOLOGIES, INC. APP OR ANY SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE.

9. Limitation of Liability

9.1. For purposes of this Section 7, “Operr Technologies, Inc.” shall include Operr Technologies Inc. and its divisions, subsidiaries, successors, parent companies, and their employees, partners, principals, agents and representatives, and any third party providers or sources of information or data.


9.2.     TO THE FULLEST EXTENT PERMITTED UNDER LAW, OPERR TECHNOLOGIES INC. WILL HAVE NO OBLIGATION OR LIABILITY (WHETHER ARISING IN CONTRACT, WARRANTY, TORT [INCLUDING NEGLIGENCE], PRODUCT LIABILITY OR OTHERWISE) FOR ANY INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR LIABILITIES (INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF DATA, REVENUE OR PROFIT) ARISING WITH RESPECT TO A DRIVER’S USE OF THE APPLICATION OR THE OPERR TECHNOLOGIES INC. WEBSITE OR THE SERVICES PROVIDED BY OPERR TECHNOLOGIES INC., EVEN IF OPERR TECHNOLOGIES INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS FOREGOING LIMITATION APPLIES TO DAMAGES ARISING FROM (i) USE OR INABILITY TO USE THE OPERR TECHNOLOGIES INC. APP, THE OPERR TECHNOLOGIES INC. WEBSITE OR THE SERVICES; OR (ii) ANY OTHER MATTER RELATING IN ANY MANNER TO THE OPERR TECHNOLOGIES INC. APP, THE OPERR TECHNOLOGIES INC. WEBSITE, OR THE SERVICES.


9.3.     SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY. DRIVERS MAY HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.

10. General Obligations of the Driver


10.1. The Driver warrants that he/she is in possession of all governmental licenses and approvals necessary for the transportation of passengers by for-hire vehicle. The Driver shall furnish evidence of such licenses and approvals prior to commencing use of the Operr Technologies, Inc. App. A Driver who is affiliated with a for-hire vehicle/livery & car hire service or fleet operator shall ensure that the employer approves the use of the Operr Technologies, Inc. App. Any changes with respect to the Driver’s authorization to provide transportation services or his/her affiliated base’s approval of the use of the Operr Technologies, Inc. App shall be provided to Operr Technologies, Inc. in writing immediately upon coming to the attention of the Driver. Drivers can only provide services during the operating hours of the affiliated base.


10.2.     The Driver shall at all times furnish all personal information, including name, email address, cell phone number, driver’s license number, insurance information, and bank account information correctly and completely and shall keep this information updated at all times.

10.3.     The Driver shall not use the Operr Technologies, Inc. App in a manner that it impairs, overload or damages the Operr Technologies, Inc. App and shall not, or permit others to, circumvent any security or antipiracy features of the Operr Technologies, Inc. App, nor shall the Driver circumvent or modify the safety precautions of the Operr Technologies, Inc. App.


10.4.     All intellectual property rights to the Operr Technologies, Inc. App shall be retained by Operr Technologies, Inc. The Driver may not copy, modify, reverse engineer, disassemble or distribute the Operr Technologies, Inc. App provided to him.


10.5.     The Driver shall keep his/her username and password safe and confidential and shall not disclose them or grant access to the Operr Technologies, Inc. App to any third party. The Driver shall have sole responsibility for maintaining the confidentiality and security of the Driver’s Operr Technologies, Inc. account. The Driver shall bring any unauthorized use by third parties promptly to the attention of Operr Technologies, Inc.


10.6. The Driver agrees to indemnify, defend and hold Operr Technologies, Inc., its officers, directors, employees, agents, licensors, and suppliers harmless from and against all claims, causes of action, liabilities, losses, expenses, damages and costs, including attorneys’ fees and other legal expenses, resulting from (i) any violation of these Terms, breach of any warranty under these Terms, or any activity related to access to or use of the Driver’s account, or any negligent or wrongful acts or omissions by the Driver or any third party accessing the Operr Technologies, Inc. Service using such Driver’s account, and/or (ii) any violation of any applicable law, rule, ordinance or regulation committed by the Driver while using the Operr Technologies, Inc. App or the Services.


10.7.     The Driver shall inform Operr Technologies, Inc. completely and promptly in the event that the Driver receives any information that any third party has brought or intends to bring any claim, including a claim for damages, against Operr Technologies, Inc. relating in any way to the use of the Operr Technologies, Inc.  App or the Services.


10.8. Any personal data of other Operr Technologies, Inc. App users and/or participants in the Services that is transferred or otherwise made known to the Driver shall be kept confidential by the Driver and shall not be disclosed to third parties, except with the prior written consent of the other participant or as may be required by applicable law or regulation or pursuant to a court order.

10.9. The Driver agrees to submit to a medical examination and drug test if required and consents to the results of any such test being shared with Operr Technologies, Inc.

10.10. The Driver will not engage in reckless behavior while driving, drive unsafely, operate a vehicle that is unsafe to drive, be involved in a motor vehicle accident or collision of any kind, permit an unauthorized third party to accompany you in the vehicle while providing services under this Agreement, provide services as a driver while under the influence of alcohol or drugs, or take action that harms or threatens to harm the safety of the Operr Technologies, Inc. community or third parties. This includes use of the Operr Technologies, Inc. in a manner that conforms to all local “handsfree device” rules and laws. Operr Technologies, Inc. will not assume any responsibility for loss or damages resulting from Driver operating his/her vehicle while distracted.

10.11. The Driver will make reasonable accommodations for Passengers with service animals, as required by law.


10.12. The Driver represents and warrants she/he: (1) is at least 21 years old; and (2) possesses a valid U.S. driver’s license that is, or equivalent to, a New York State Class “A”, “B”, “C” or “E” commercial driver’s license with a current address shown.


10.13. The Driver warrants and agrees that he or she carries all insurance required by any state where Driver is transporting passengers as a for-hire vehicle.  Driver further warrants that such insurance is necessary and sufficient to cover accidents and incidents occurring in the course of providing transportation services to Passengers.  The Driver is responsible for maintaining and paying for such insurance and hereby agrees to obtain an additional insured endorsement naming Operr Technologies, Inc. as an additional insured.

10.14. Background Check

10.14.1. By accepting this Agreement, the Driver hereby authorizes Operr Technologies, Inc. and its designated agents, representatives, or third-party contractors to conduct a comprehensive review of the background of the Driver, including, if applicable, his/her principals, officers, and employees, causing an investigative consumer report to be generated and evaluated by Operr Technologies, Inc. for the purpose of providing the Driver with access to the Software, the Driver App, and the Operr Technologies, Inc. Service. Driver understands that the scope of the investigative consumer report may include, but is not limited to the following areas: verification of social security number; credit reports, current and previous residences; employment history, education background, character references; drug testing, civil and criminal history records from any criminal justice agency in any or all federal, state, county jurisdictions; driving records, birth records, and any other public records.

10.14.2.  Driver further authorizes any individual, company, firm, corporation, or public agency to divulge any and all information, verbal or written, pertaining to him/her, to Operr Technologies, Inc. and/or its agents. Driver further authorizes the complete release of any pertinent records or data, which the individual, company, firm, corporation, or public agency may have, including information or data received from other sources.

10.14.3. Driver understands that based on the results of the comprehensive review of the Driver’s background, as well as other information provided during the signup/application/registration process, Operr Technologies, Inc. may reject the Driver, in which case Operr Technologies, Inc. shall not be required and is under no obligation to provide any explanation whatsoever.

 

10.14.4. Driver authorizes Operr Technologies, Inc. to release his/her personal information, to the extent required, to third party contractors used by Operr Technologies, Inc. to conduct the background check. The information received by Operr Technologies, Inc. as a result of the background check shall be maintained in a confidential manner.

11. Obligation to Accept a Transportation Order


11.1. The Driver shall accept available transportation orders from Passengers subject to applicable law or regulation, provided that the Operr Technologies, Inc. App is activated in the for-hire vehicle and the Driver’s vehicle is not currently engaged in the transportation of another passenger.


11.2. The Driver shall update the status of his/her for-hire vehicle (whether the for-hire vehicle is free or engaged) in the activated Operr Technologies, Inc. App at all times, to permit potential Passengers to identify the current status of the for-hire vehicle.

12. New York Driver Shift Limitations

12.1. New York City law restricts the length of consecutive working hours by for-hire drivers as follows:

    • A driver of a taxi or for-hire vehicle may not pick up passengers for hire for more than 12 hours (whether or not they are consecutive) in any 24-hour period;
    • A driver of a taxi or for-hire vehicle may not pick up passengers for hire for more than 72 hours in any seven-day period;
    • Resetting the 12-hour clock for a driver after any period in which he or she has gone at least eight consecutive hours without pickups (e.g., a driver who works 10:00 a.m. – 10:00 p.m. on Monday can begin a 12-hour shift on Tuesday as early as 6:00 a.m.); and
    • A base may not dispatch a driver to do pickups for more than 12 hours in any 24-hour period (unless that base has stopped dispatching the driver to do pickups for eight or more consecutive hours) and a base may not dispatch a driver to do pickups in more than 72 hours in any seven-day period.

12.2. As Drivers under this Agreement are not employees of Operr Technologies, Inc., such Drivers are solely responsible for their own compliance with New York City law. Operr Technologies, Inc. is not a base as defined by New York City law and will not assume responsibility for Drivers who fail to comply.

12.3. If a driver is found to have been using the Operr Technologies, Inc. App or Website in a manner that causes him or her to violate New York City shift restrictions as stated above, such Driver’s access to the Operr Technologies, Inc. App and www.operr.com will be terminated immediately upon discovery of same.   

12.4. As a condition of use of the Operr Technologies, Inc. App and www.operr.com, you agree to indemnify and hold harmless Operr Technologies, Inc. for any fines, penalties or judgments incurred by Operr Technolgies, Inc. as the result of your non-compliance with these New York City laws, or any applicable City, State or federal rules or laws.


13. Operr Technologies, Inc. Advance Reservations


13.1. Operr Technologies, Inc. customers may make an Advance Reservation (hereinafter referred to as “Advance Reservation”) for a journey, to be conveyed by a Driver via the Operr Technologies, Inc. App. Operr Technologies, Inc. will forward the inquiry for ordering a for-hire vehicle made by a Operr Technologies, Inc. customer by way of an Advance Reservation to the Driver. By accepting the Advance Reservation, the Driver shall in particular be bound to execute the order for transportation services in line with the customer’s reservation specifications.


13.2. The Driver shall be at liberty to accept or reject any request for an Advance Reservation during the working hours of the Base.


13.3. Should the Driver acknowledge acceptance of the Advance Reservation of a Operr Technologies, Inc. customer using the Operr Technologies, Inc. App, the Driver undertakes to honor the Advance Reservation in line with the customer’s reservation specifications, i.e. receive the passenger at the stipulated time and location, and take the passenger to the desired destination.


13.4. Should the Driver be unable to honor the Advance Reservation after having accepted for reasons which are beyond the Driver’s control, the Driver shall be obligated to cancel the Advance Reservation via the Operr Technologies, Inc. App promptly and without delay. Operr Technologies, Inc. will then offer the Advance Reservation to other Drivers for acceptance. The Driver shall reasonably assist in all efforts to find a replacement Driver to accept the newly offered Advance Reservation.


13.5. Should the Driver cancel an Advance Reservation accepted without being obligated to do so based on reasons beyond the Driver’s control, or should the Driver fail to cancel the Advanced Reservation without delay, or should the Driver fail, upon cancelling an Advance Reservation, to reasonably assist in all efforts to find a replacement Driver to accept the Advance Reservation, Operr Technologies, Inc. shall be entitled to exclude the Driver from being assigned to journeys and/or from being assigned Advance Reservations for any period of time of Operr Technologies, Inc.’s choosing, an at Operr Technologies, Inc.’s sole discretion.

13.6. Should third parties, such as Passengers who have made an Advance Reservation via Operr Technologies, Inc.  or their affiliated companies, assert any claims to the effect that the Driver has cancelled an accepted Advance Reservation or not carried out the journey of an Advance Reservation, or not have been on time, said Driver shall indemnify, defend and hold Operr Technologies, Inc., its officers, directors, employees, agents, licensors, and suppliers harmless from and against all claims, liabilities, losses, expenses, damages and costs, including attorneys’ fees and other legal expenses, incurred by Operr Technologies, Inc.  as a result of such claim.

14. Termination of the Agreement/Exclusion from Use


13.1. These Terms shall be effective on the date Operr Technologies, Inc. accepts the Driver’s application and grants him or her access to the Operr Technologies, Inc. Driver App and shall continue indefinitely until terminated pursuant to the provisions of this Section 11.


14.2. The Agreement entered into between Operr Technologies, Inc. and the Driver may be terminated at any time by Operr Technologies, Inc. with immediate effect and without specifying any reasons. This Agreement may be terminated by the Driver at any time after all duties with respect to current Passengers and Advance Reservations have been fulfilled pursuant to the terms of this Agreement.


14.3. The Agreement shall terminate automatically, without any requirement of notice, in the event the Driver is no longer authorized to provide transportation via for-hire vehicle/livery & car hire services.

14.4. The Driver may be suspended temporarily or excluded permanently from the use of the Services for breaches of obligations arising under applicable law, rule, ordinance, or regulation and/or these Terms or any other binding agreements between the parties.


14.5. The Driver’s right to use the Operr Technologies, Inc. App and the Services may also be suspended, at the sole discretion of Operr Technologies, Inc., if the Driver fails to comply with the obligation to pay all fees due to Operr Technologies, Inc. when they are due, revokes the direct debit authorization or fails to carry a passenger after accepting a transportation order or after an Advance Reservation has been placed and accepted by the Driver.

15. Responsibility for the Contents

15.1. The sole responsibility for the content published and transmitted in the Operr Technologies, Inc. App or on the website by the Driver (such as the Driver’s name and any slogan he/she wishes to add) shall lie with the Driver publishing the same. All content shall comply with legal and statutory requirements and the requirements of decency, decorum and objectivity. In no event shall the Driver publish materials that are false, derogatory and/or misleading.


15.2. If any publications breach the abovementioned regulations, Operr Technologies, Inc. shall be authorized to delete the same immediately and without prior notice.


16. Copyrighted Material, Operr Technologies, Inc. App and Trademark Information


16.1. Operr Technologies, Inc.’s product names, service names, slogans or logos referenced on Operr Technologies, Inc.’s websites and/or in the Operr Technologies, Inc. Apps are trademarks or registered trademarks of Operr Technologies, Inc. All other company, product or service names are used for identification purposes only and are trademarks of their respective owners.


16.2. All of the information, content, and materials offered by Operr Technologies, Inc. is protected by copyright and other applicable laws of the United States and other countries. Drivers may not copy, publicly display, modify or distribute such material without Operr Technologies, Inc.’s or the copyright owner’s prior written consent. Drivers may use these materials pursuant to these Terms and subject to the restrictions set forth herein, so long as they do not modify the materials or remove any copyright or any proprietary rights notices contained therein or thereon.


16.3. All right, title, and interest in and to the Operr Technologies, Inc. App and the services provided is and will remain the exclusive property of Operr Technologies, Inc. and its licensors. The Operr Technologies, Inc. App is protected by copyright, trademark and other laws of the United States and other countries.

17. Relationship of the Parties


17.1. Operr Technologies, Inc. and Driver are independent contracting parties, and nothing in these Terms shall make either party the agent or legal representative of the other for any purpose whatsoever, nor does it grant either party any authority to assume or to create any obligation on behalf of or in the name of the other party. As such, Driver is free to accept or decline any driving job available through the Operr Technologies, Inc. App, and remains responsible for all his or her own credentialing, insurance obligations and income tax reporting.

18. Arbitration Agreement

18.1. By agreeing to the Terms, you agree that you are required to resolve any claim that you may have against Operr Technologies, Inc. on an individual basis in arbitration, as set forth in this Arbitration Agreement. This will preclude you from bringing any class, collective, or representative action against Operr Technologies, Inc., and also preclude you from participating in or recovering relief under any current or future class, collective, consolidated, or representative action brought against Operr Technologies, Inc. by someone else.

18.2. Agreement to Binding Arbitration Between You and Operr Technologies, Inc.

18.2.1. You and Operr Technologies, Inc. agree that any dispute, claim or controversy arising out of or relating to (a) these Terms or the existence, breach, termination, enforcement, interpretation or validity thereof, or (b) your access to or use of the Services at any time, whether before or after the date you agreed to the Terms, will be settled by binding arbitration between you and Operr Technologies, Inc., and not in a court of law.

18.2.2. You acknowledge and agree that you and Operr Technologies, Inc. are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Unless both you and Operr Technologies, Inc. otherwise agree in writing, any arbitration will be conducted only on an individual basis and not in a class, collective, consolidated, or representative proceeding. However, you and Operr Technologies, Inc. each retain the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights.

18.3. Rules and Governing Law.

18.3.1 The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the AAA’s Consumer Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this Arbitration Agreement. The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.

18.3.2. The parties agree that the arbitrator (“Arbitrator”), and not any federal, state, or local court or agency, shall have exclusive authority to resolve any disputes relating to the interpretation, applicability, enforceability or formation of this Arbitration Agreement, including any claim that all or any part of this Arbitration Agreement is void or voidable. The Arbitrator shall also be responsible for determining all threshold arbitrability issues, including issues relating to whether the Terms are unconscionable or illusory and any defense to arbitration, including waiver, delay, laches, or estoppel.

18.3.3. Notwithstanding any choice of law or other provision in the Terms, the parties agree and acknowledge that this Arbitration Agreement evidences a transaction involving interstate commerce and that the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (“FAA”), will govern its interpretation and enforcement and proceedings pursuant thereto. It is the intent of the parties that the FAA and AAA Rules shall preempt all state laws to the fullest extent permitted by law. If the FAA and AAA Rules are found to not apply to any issue that arises under this Arbitration Agreement or the enforcement thereof, then that issue shall be resolved under the laws of the state of New York.

18.4. Process.

18.4.1. A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration – Consumer Arbitration Rules at www.adr.org or by calling the AAA at 1-800-778-7879). The Arbitrator will be either (1) a retired judge or (2) an attorney specifically licensed to practice law in the state of New York and will be selected by the parties from the AAA’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an Arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the Arbitrator in accordance with the AAA Rules.

18.5. Location and Procedure.

18.5.1. Unless you and Operr Technologies, Inc. otherwise agree, the arbitration will be conducted in New York County. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and Operr Technologies, Inc. submit to the Arbitrator, unless you request a hearing or the Arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the Arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.

18.6. Arbitrator’s Decision.

18.6.1. The Arbitrator will render an award within the time frame specified in the AAA Rules. Judgment on the arbitration award may be entered in any court having competent jurisdiction to do so. The Arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. An Arbitrator’s decision shall be final and binding on all parties. An Arbitrator’s decision and judgment thereon shall have no precedential or collateral estoppel effect. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law. Operr Technologies, Inc. will not seek, and hereby waives all rights Operr Technologies, Inc. may have under applicable law to recover, attorneys’ fees and expenses if Operr Technologies, Inc. prevails in arbitration.

18.7. Fees.

18.7.1. Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. You may be required to pay all fees associated with your arbitrated claim if the Arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).

18.8. Changes.

18.8.1. Notwithstanding the provisions in Section I above, regarding consent to be bound by amendments to these Terms, if Operr Technologies, Inc. changes this Arbitration Agreement after the date you first agreed to the Terms (or to any subsequent changes to the Terms), you may reject any such change by providing Operr Technologies, Inc. written notice of such rejection within 30 days of the date such change became effective, as indicated in the “Effective” date above. This written notice must be provided by mail or hand delivery to Operr Technologies, Inc. 130-30 31st Avenue, Ste. 801, Flushing, New York 11354. In order to be effective, the notice must include your full name and clearly indicate your intent to reject changes to this Arbitration Agreement. By rejecting changes, you are agreeing that you will arbitrate any dispute between you and Operr Technologies, Inc. in accordance with the provisions of this Arbitration Agreement as of the date you first agreed to the Terms (or to any subsequent changes to the Terms).

18.9 Severability and Survival.

18.9.1 If any portion of this Arbitration Agreement is found to be unenforceable or unlawful for any reason, (1) the unenforceable or unlawful provision shall be severed from these Terms; (2) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of the Arbitration Agreement or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to the Arbitration Agreement; and (3) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration.


19. Miscellaneous

19.1. Severability. If any part of these Terms is held to be invalid or unenforceable, the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision most closely matching the intent of the original provision and the remainder of the Terms will continue in effect.


19.2. Amendments. Operr Technologies, Inc. reserves the right to change these Terms from time
to time. Please refer to the Operr Technologies, Inc. website periodically for any changes. By continuing to access or use the Service after Operr Technologies, Inc. makes any such changes, the Driver agrees to be bound by the revised Terms. The general terms and conditions may be consulted at any time online at www.Operr Technologies, Inc.com or in the Operr Technologies, Inc. App itself on the Terminal Device.


19.3. Entirety. This agreement shall constitute the complete and exclusive agreement between Operr Technologies, Inc. and the Driver with respect to the subject matter of these Terms. The use of the Operr Technologies, Inc. App is expressly made conditional on the Driver’s consent to these Terms.

19.4. No Waiver. The failure of Operr Technologies, Inc. to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.


19.5. Force Majeure. Operr Technologies, Inc. shall not be liable for any failure to perform its obligations under these Terms where such failure is as a result of acts of nature (including fire, flood, earthquake, storm, hurricane or other natural disaster), war, invasion, act of foreign enemies, hostilities (whether war is declared or not), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalization, government sanction, blockage, embargo, labor dispute, strike, lockout or interruption or failure of electricity, telephone or internet service.


19.6. Governing Law. The parties agree that these Terms and any claims hereunder shall be governed by and subject to the state and federal laws of the State of New York without regard to its conflict of law provisions. Any claim hereunder must be brought, if at all, within one (1) year from the accrual of the cause of action, and is strictly subject to the Arbitration Agreement set forth below. Use of the Services is not authorized in any jurisdiction that does not give effect to all provisions of these Terms, including without limitation, this section.

20. Contact


20.1. You may contact OPERR® Technologies, Inc. at the following address:

OPERR Technologies Inc.
130-30 31
st Avenue, Ste. 801
Flushing, New York 11354

Use of the Services is not authorized in any jurisdiction that does not give effect to all provisions of these Terms, including without limitation, this section.