Terms of Service

https://www.carlyrental.com

Carly

Last Updated: 21st November, 2023

These terms of service are agreed upon by and between you and Carly (“Company,” “Carly,” “we,”
or “us”). The following terms and conditions or terms of service, together with any documents
expressly incorporated by reference (collectively, “Terms of Service”), govern your access to and
use of www.carlyrental.com, including any content, functionality, and services offered on or
through www.carlyrental.com (the “Website”).

Carly is an online platform that links vehicle owners or hosts with travelers and individuals looking
to rent a car, yacht, limousine, or boat (collectively the “Car or Vehicle”). The Website, blog,
mobile applications, and other services are referred to together as “the Services.” Whether or not
you become a registered user of the Services, by accessing or using the Services, including
communicating with us or other users, you agree to comply with and be legally bound by the
requirements of these Terms of Service (these “Terms”). These Terms govern your access to and
use of the Services and form a legally enforceable contract between you and us. These Terms,
along with the associated policies (collectively, the “Policies”), comprise the “Agreement”
between you and Carly (each a “Party” and collectively, “the Parties”). Furthermore, we provide
a Car Sharing Agreement that summarizes the conditions of each reservation, which is accessible
in the Services for any planned or previous journeys, and you may use it as proof of a reservation.

Changes to the Terms:

We reserve the right to amend and update our Terms of Service at any time. All modifications take
effect immediately after we post them and apply to all subsequent access to and use of the Website.
Any modifications to the dispute resolution procedures outlined in Governing Law and
Jurisdiction, on the other hand, will not apply to any disputes for which the parties receive actual
notice before the date the change is posted on the Website.

You acknowledge and consent to the modifications if you continue to use the Website after the
amended Terms of Use are posted. You must visit this page regularly to be informed of any
changes since they are legally binding on you.

Eligibility and Registration:

The Services are only available to guests who match our eligibility barriers in the region where the
car is rented, as well as hosts over the age of 21. Anyone who does not match these eligibility
standards is explicitly forbidden from using the Services.

To use some Services, you must first create an account with us (a “Carly Account”). You may set
up a Carly Account by providing us with your first and last name, email address, mobile phone
number, and password, or by connecting through an account with a third-party site or service (such
as Apple, Facebook, or Google). You may provide us with extra information about yourself when
you book a vehicle as a traveler or visitor (“guest”) or become a host with us (the “Host.”)
Similarly, by listing a Car as a vehicle owner or host (“host”), you provide us with additional
information about yourself and your vehicle(s) (where appropriate). During the registration,
booking, and/or listing procedure, you must submit correct, up-to-date, and full information. You
must always keep your Carly Account up-to-date. Carly may impose extra conditions for you to
book a trip based on the information you provide, including but not limited to making a deposit,
adding a second method of payment, purchasing a specific level of protection package, or other
criteria. We have the right, but not the responsibility, to conduct screenings, checks, and other
processes when permissible.

(1) we may assist in verifying users’ identities or checking their histories, including driving
history and license validity; and

(2) We may confirm vehicle specifications.

We do not recommend any car, user, or user’s history, nor do we commit to any particular
screening procedure. We may, at our sole discretion, utilize third-party services to verify the
information you provide to us, as well as to collect further relevant information and corrections as
needed, and you hereby authorize us to request, receive, use, and keep such information. In our
sole and absolute discretion, we may grant or deny your request to reserve or list a vehicle. We
may make attempts to guarantee the safety of cars shared through the Services, but we do not
commit to doing so.

Account Security:

We retain the right, at our sole discretion, to withdraw or alter this Website, as well as any service
or material provided on the Website, without notice. We shall not be liable if all or any part of the
Website is inaccessible at any time, for any limit of time, or for any reason. We reserve the right
to restrict users’ access to some sections of the Website, or the entire Website, at any time.

You are accountable for both.

(1) Make the required preparations for you to have access to the Website.

(2) Assuring that all people who visit the Website via their internet connection are aware of
and comply with these Terms.

We reserve the right to disable any user name, password, or other identification, whether selected
by you or offered by us, at any time and for any reason, including if you have violated any term of
these Terms in our judgement. You are and shall be entirely liable for all activity on your Carly
Account. Maintain the security of your Carly Account details, especially your password.

You undertake not to divulge your password to any third person and to accept entire responsibility
for any activities or acts performed under your Carly Account, whether or not you have authorized
such activities or actions. You must alert us promptly of any real or suspected unauthorized use of
your Carly Account. Unless you have reported unauthorized access to us, we are not responsible
for your failure to comply with this provision or for any delay in closing down or securing your Carly Account.

Authorization for a Consumer Report.

When you attempt to book or list a vehicle, or at any time thereafter where we fairly believe there
may be an increased level of risk connected with your Carly Account, you hereby provide us with
written approval and permit us to obtain your personal and/or business auto insurance score, credit
report, and/or conduct a background check, including a criminal background check, in accordance
with the Fair Credit Reporting Act, applicable consumer reporting laws, or any similar laws.

Payments.

The fees we charge for utilizing the Services and other cost structures will be itemized for visitors
at the time of checkout. Before submitting your trip request, you may double-check the cost of
your trip at checkout. Earnings may be viewed on the Host hub’s dashboard, and further
information regarding earnings breakdowns can be found on our Website. When you provide us
with a payment method, you authorize us or third-party service providers operating on our behalf
to keep your payment credential on file for future use if you owe us money. You permit us to use
saved payment credentials to settle balances, including trip costs, host fees, and guest fees
(including late fees, security deposits, processing fees, and claims expenses, as well as related
administrative fees).

Carly and its service providers, on the other hand, will use all lawful means available to collect
sums owed, including the use of collection agencies or legal counsel. Carly or the collection
agencies we use may also provide information about your Carly Account to credit bureaus.

Intellectual Properties:

This Website and all of its features, contents, and functionality (including but not limited to all
information, software, text, displays, images, video, and audio, as well as the design, selection,
and arrangement thereof) are owned by Carly. The Website is protected by copyright, trademark,
patent, trade secret, and other intellectual property or proprietary rights laws in the United States
and other countries. You may only use the Website for personal, non-commercial purposes as
allowed by these Terms.

All content on this website may not be copied, distributed, altered,
transformed into derivative works, publicly performed or shown, republished, downloaded, stored,
or transmitted, except the following:

 A fair portion of the website’s pages may be printed or downloaded by you for your own
personal, non-commercial use; more copies, publications, or distribution are not permitted.

 You may download one copy of any desktop, mobile, or other application that we make
available for download to your computer or mobile device for personal, non-commercial
use only, as long as you accept the terms of our end-user license agreement.

 In the course of accessing and viewing such materials, your computer may momentarily
store copies of such contents in RAM.

 For the goal of improving display quality, you can save files that your web browser
automatically caches.

One should not:

 Remove or modify any notices of copyright, trademark, or other intellectual rights from
copies of this website’s content.

 Edit copies of any content on this website.

You are not permitted to access or utilize any portion of the website, together with any services or
resources made available via it, for profit. If you would like to utilize any content from the Website
other than what is specified in this section, please contact us using the information provided.

Your permission to use the Website will terminate immediately, and you will be required to return
or delete any copies of the contents you have made, at our discretion, if you print, copy, edit,
download, or use any other portion of the Website in violation of the Terms. You do not acquire
any rights, titles, or interests in the Website or any of its contents; all rights not specifically given
are retained by Carly. Any use of the Website that is not allowed under these Terms of Use in full
constitutes a violation of these Terms and may be illegal under trademark, copyright, and other
laws.

Copyright Protection. We follow the procedures outlined in the US Digital Millennium Copyright
Act and related legislation for responding to notifications of suspected copyright infringement and
terminating Carly Accounts of repeat users. On the homepage, you will find contact information
for sending notifications if you believe a user is infringing on your copyright(s).

License:

We give you a limited, revocable, non-exclusive, non-transferable license to access and view any
of our and/or user material to which you are granted access, only for your personal, noncommercial use, provided you comply with the terms and conditions of this license. The license
rights given in this section cannot be sublicensed. Apart from the licenses and rights expressly
provided in these Terms, no further licenses or rights are granted to you under any intellectual
property rights owned or controlled by us or our licensors, whether by implication or otherwise.

Prohibited Use:

You agree that in connection with your use or access to the Services, you will not advocate,
encourage, solicit, or help any third person to:

 Breach, violate, and/or circumvent any local, state, provincial/territorial, regional, or
national law or other law or regulation, or any court order, including, but not limited to,
airport regulations and tax regulations, licensing or registration requirements, or thirdparty rights.

 break any law, post information that is untrue, incorrect, deceptive, defamatory, or libelous.

 You will not post information that is untrue, incorrect, deceptive, defamatory, or libelous.

Furthermore, you will not:

 In any manner, dilute, degrade, or otherwise damage the Carly brand, including through
unauthorized use of the Services and/or user material.

 Use or register “Carly” or derivative phrases in domain names, trade names, trademarks,
or other contexts.

 Register and/or employ domain names, trade names, trademarks, social media account
names, or other identifiers that closely resemble or are confusingly similar to Carly
domains, trademarks, taglines, promotional efforts, or Carly and/or user content.

 Provide or submit any incorrect or misleading information, such as a fake name, date of
birth, driver’s license details, payment method, insurance, claim information, or other
personal information.

In our sole discretion and without limiting other remedies, we may limit, suspend, or terminate
your Carly Account and access to the Services, remove hosted content, reject a damage claim,
remove or demote your listings, reduce or eliminate any discounts, and take technical and/or legal
steps to prevent you from using the Services if we believe you are abusing Carly, our users, or any
other person in any way or violating the letter or spirit of any of these Terms.

Your Commitments:

You hereby agree, represent and commit as follows;

 You will not fail to pay Carly or any other user or guest any fees, fines, or other sums
owing.

 You will not use the Services to find a host or guest and subsequently conduct a transaction
that is partially or entirely independent of the Services for any reason, including but not
limited to avoiding the responsibility to pay any fees connected to Carly’s fulfilment of the
Services.

 You will not provide your Carly Account and/or user ID to anybody else without our
permission.

 Unless you have a legitimate cause, you shall not fail to deliver, make accessible, or return
any vehicle or optional Extras on time, as a guest or host.

 You will not harass, stalk, or disparage any other Carly user, nor will you gather or keep
any personally identifying information about any other user for any reason other than to
transact as a host or guest in line with these Terms.

 You will not treat someone differently because of their appearance, who they love, what
they believe, how they self-identify, where they were born, or when they were born. Any
form of discrimination is not accepted in the Carly community.

 You will not sue or bring legal action against Carly or a Carly user in any way that is
prohibited or waived by these Terms.

 You will not participate in physically, verbally, or threatening behavior.

 You will not use the Services to send, distribute, publish, or submit any information about
another person or business, including, but not limited to, images of individuals taken
without their consent, specific contact information, banking details, or account numbers.

 You will not leave a car open or running with the keys inside, unless Carly specifically
instructs you to do so in very restricted circumstances.

 You will not contact another Carly user for any reason other than to inquire about a
booking, car, listing, or such user’s usage of the Services.

 You will not commercialize any content available on the Services or linked software,
including reviews.

 You will not gather or harvest information about users without their and our permission.

 Without our prior written consent, you will not recruit or otherwise solicit any user to join
third-party services or websites that compete with Carly.

 You will not interfere with the listings of other users.

 You agree not to use the Services for the dissemination or posting of unsolicited
commercial communications.

You promise not to try to reverse engineer, decompile, decode, or disassemble any of the software
utilized to deliver the Services. It is prohibited to attempt to evade a suspension, termination, or
closure of your Carly Account or the account of another Carly user. This includes, but is not limited
to, making a new Carly Account or listing vehicles connected to or registered to a suspended,
terminated, or closed Carly Account holder.

Carly has the right, but not the duty, to investigate, pursue, prosecute, litigate, or report violations
of the Agreement to law enforcement to the highest level permitted by law.

Plans for protection and insurance:

Carly does not provide insurance for hosts or guests; it is not an insurance firm. Plans for guest
and host protection offered by the Services are unrelated. In order to receive the advantages of a
protection package, both hosts and guests need to abide by these Terms. Only in the US are
protection plans offered by the Services available.

TERMS FOR GUESTS:

The following parts also apply if you reserve a Vehicle/Car (car, yacht, boat, chauffeur, or
limousine) through the Services:

Commitment:

As a guest, you agree to be a legally licensed driver and to present proof of a current, valid driver’s
license to the host or via the Services. You shall take reasonable precautions to return the car and
any applicable Extras on schedule and in basically the same condition as received. You will not
allow anybody other than the Approved Driver stated in the trip specifics to drive the car you
reserved.

Physical Damages:

The visitor who booked the trip (“primary guest”) is financially liable for any physical damage to
or theft of a booked car that occurs during the trip, as well as any additional costs and fees resulting
from vehicle damage of any sort, regardless of who is found to be at fault. This obligation applies
whether or not the primary guest has their own automotive insurance. Under their own automotive
coverage, primary guests may be covered for damage to the booked vehicle. When you rent a Car
on Carly, you agree that if the booked vehicle sustains damage during the trip, you will cooperate
with Carly to file a claim for compensation under any insurance policy that applies to the loss.
By selecting a protection plan on the Services, the primary guest can restrict the amount they are
liable to pay out of their own money if there is damage to the rented car during the booked trip.
The limitation on the amount a main guest may have to pay out of pocket contained in any
protection plan applies only (1) if the primary guest and any Approved Driver comply with these
Terms, and (2) to physical damage that is not mechanical or interior damage.

Beyond our policies requiring hosts to make sure their vehicles are in safe and operable condition,
legally registered to be driven on public roads, not subject to a missing or stolen vehicle report,
have a clean title, not subject to any applicable safety recalls, and otherwise meet our vehicle
eligibility requirements, you acknowledge that we are not responsible for and shall not be liable
for the safety, roadworthiness, or legal status of any vehicles shared via the Services. Additionally,
you understand and agree that neither the hosts nor we are liable for any lost or stolen belongings
that are taken during a trip or left in any vehicle.

TERMS FOR HOSTS

If you use the Services to share your Car, the following clauses also apply:

Commitments:

As a host, you agree and guarantee to offer/provide a Car that is safe, legally registered and insured,
has current license plates, a clear title, and is in excellent mechanical condition. You will provide
such a Car on schedule, but only to a customer who is designated as an Approved Driver for the
trip on the Services. You will not collect any information or paperwork from your visitor during
check-in, save what is necessary to verify a guest’s driver’s license. This includes guest personal
auto insurance.

You agree to keep your listings comprehensive and correct and to honor any claims made in your
listings, including the price stated to a visitor. You will not ask a visitor to accept a more expensive
car or impose an undesirable vehicle upgrade in the case of a vehicle swap. You will not cancel a
reservation to obtain a higher charge from a visitor. You will not provide any vehicle or optional

Extra that you do not own or have authorization to share, or that cannot be shared for remuneration
under the terms and circumstances of any third-party arrangement, including, but not limited to, a
lease or finance agreement. If your car is subject to a lease, loan, or other finance agreement, you
must ensure with the lienholder that sharing your vehicle with Carly does not violate the terms of
the contract. You will not provide any extra that is not safe, clean, and appropriate for the intended
usage. You will not provide any car that has been reported as lost or stolen. You will not sell any
vehicle that is the subject of a safety recall until you have appropriately addressed the issue at
hand.

Vehicle/Car Information:

When you sign up with Carly, you will specify which passenger vehicles you wish to offer for
sharing via the Services. Each car must satisfy the specifications we offer. You may only use the
Services in connection with cars that you own or have the relevant rights and licenses to share in
exchange for reimbursement.

Vehicle Accessibility:

Once a trip has been scheduled, you must make the car available or deliver the vehicle as the guest
expects. If you give your guest the option to pick up your car at a consistently stated place, you
must provide us with the exact location of the vehicle and verify that the vehicle is available at that
location at the start of the reservation term. To be eligible for available protection plans, you must
verify that a prospective guest has a current, valid driver’s license before providing the guest with
your vehicle. You must also ensure that the driver’s license matches the name on the reservation
and that the person picking up the vehicle appears to match the photograph on a facially valid
driver’s license.

Only Listing On the Services Page:

Any car you list on the Services in the United States must be solely listed on the Services. You are
not permitted to post any vehicles that you plan to offer through the Services on any other car
sharing marketplace. In Carly’s sole discretion, failure to comply with this condition may result in
fines, penalties, rejection of physical damage claims, withdrawal of the car from the Services,
account closure, or other action.

Pricing, Income, and Payments:

You will be able to establish and change the vehicle’s pricing as you see fit. We will reimburse
you the cash received from guests that reserve your car, less any expenses owed to us. Fees are
described in detail here. We retain the right to deduct any sums owed to us or any third-party lender
from your earnings payout, debit your bank account, charge any of your payment methods on file,
and/or send you an invoice if you owe us money for any reason.

Maintenance:

You must inspect your vehicle regularly for problems with its operation or safety. You guarantee
that your vehicle will always be safe and roadworthy, in excellent mechanical condition, and full
compliance with all relevant inspection and registration requirements, including any needed safety
checks. Only automobiles with a clean, non-salvaged, non-written-off, non-washed, and nonbranded title will be included. Before permitting your vehicle to be booked, you agree to react to
any applicable recall or similar safety alerts and to execute any required action. Furthermore, if we
feel your Car does not meet reasonable standards, we may contact you and have the right to delete
or reject listing your vehicle until the issues are rectified.

Mediation, Litigation & Arbitration:

If a dispute arises out of or relates to this agreement, or the alleged breach thereof, and if the dispute
is not settled through negotiation, the parties agree first to try in good faith to settle the dispute
through mediation. The mediation process shall be administered by the administrator mutually
agreed between the parties, and shall be a condition precedent to resorting to arbitration, litigation,
or some other dispute resolution procedure. If the mediation process is unsuccessful, either party
shall have the option of seeking either arbitration or filing a legal action in a court of competent
jurisdiction. If the aggrieved party seeks arbitration, then the dispute shall be submitted to binding
arbitration by the American Arbitration Association in accordance with the Association’s
commercial rules then in effect. The arbitration shall be conducted in the state where Carly is based
in and shall be binding on both parties. Judgment upon the award rendered by the arbitrator may
be entered in any court having jurisdiction to do so. Costs of arbitration, including attorney fees,
will be allocated by the arbitrator. If, alternatively, the aggrieved party seeks to file an action in
court, then the action must be brought a court of competent jurisdiction in the State where Carly
is based in.

Time Limit for Filing Claims:

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE RELATED TO THESE TERMS OF
USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR OF THE CAUSE
OF ACTION ACCRUING; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS
PERMANENTLY BARRED.

Service Termination:

You may stop using the Services at any time, and we may terminate your access to the Services
and delete any listings for any reason or no reason, to the extent permitted by applicable law. The
termination of access to the Services does not free a Party from any responsibilities incurred before
the termination, and we may store and employ any information previously submitted by you,
including but not limited to photography. Termination of the Agreement does not affect the
disclaimers, waiver or liability restrictions, legal dispute clauses, or any fees owed under the
Agreement, and all of those terms shall survive any termination of the Agreement.

There Will Be No Vehicle Transfers or Assignments:

Unless otherwise specified, guests and hosts agree that nothing in these Terms constitutes a real
or alleged transfer or assignment of any right or interest in a vehicle or optional Extras shared via
the Services.

Limitation on Liability:

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL CARLY, ITS
AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS,
OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY
LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR
INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT
ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS
OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY
DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE
DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND
SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF
BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF
DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF
CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED
OR LIMITED UNDER APPLICABLE LAW.

Applicable Law and Authority:

The internal laws of the State of California shall govern and be construed in accordance with these
Terms and the Website, without giving effect to any choice or conflict of law provisions or rules
(whether of the State of California or any other jurisdiction). This includes any dispute or claim
arising from or related to the Website, including non-contractual disputes or claims.
Any legal suit, action, or proceeding arising out of or related to these Terms or the Website shall
be instituted exclusively in the federal courts of the United States or the courts of the State of
California, both of which are located in California City, though we reserve the right to bring any
suit, action, or proceeding against you for breach of these Terms of Use in your country of
residence or any other relevant country. You waive any and all objections to such courts exercising
jurisdiction over you and to venue in such courts.

Waiver and Severability:

No waiver of any term or condition set forth in these Terms by the Carly shall be deemed a further
or continuing waiver of such term or condition or a waiver of any other term or condition, and any
failure of the Carly to assert a right or provision under these Terms shall constitute a waiver of
such right or provision.

If a court or other tribunal of competent jurisdiction rules that any provision of these Terms is
invalid, illegal, or unenforceable for any reason, that provision will be eliminated or limited to the
bare minimum so that the remaining provisions of the Terms will remain in full force and effect.

Whole or Entire Agreement:

Unless otherwise agreed upon by you and Carly, the Terms, our Privacy Policy, and any other
agreement represent the only and complete understanding, agreement, and warranty that you and Carly have regarding the Website, superseding any prior and contemporaneous understandings, agreements, representations, and warranties, whether written or oral.

Your Comments and Concerns:

This website is operated by Carly.

Email: info@carlyrental.com