Mobileoffer, Inc.
Terms of Service

Last Updated: March 20, 2020

Welcome to Mobileoffer, Inc. dba Freebird Rides, the world’s first and only platform that allows you to earn valuable points and cash rewards for simply riding with a rideshare service. YOU MUST UNDERSTAND THAT FREEBIRD RIDES PROVIDES A REFERRAL SERVICE, SIMPLY CONNECTING YOU WITH ONE OR MORE RIDESHARE SERVICES THAT MAY TAKE YOU TO THE ESTABLISHMENTS OF VARIOUS BUSINESSES. FREEBIRD RIDES DOES NOT PROVIDE ANY RIDESHARE SERVICES, AND IT DOES NOT OFFER ANY OF THE SERVICES OR PRODUCTS THAT MAY BE OFFERED BY ANY ESTABLISHMENT TO WHICH THE RIDESHARE SERVICE CONVEYS YOU. YOU AGREE THAT ANY RIDESHARE SERVICE AND ANY ESTABLISHMENT YOU VISIT ARE SOLELY RESPONSIBLE FOR THEIR CONDUCT AND LIABILITIES. FREEBIRD RIDES’ SOLE RESPONSIBILITIES AND LIABILITIES ARE THOSE SET FORTH IN THESE TERMS OF SERVICE.

IN ADDITION, THESE TERMS CONTAIN AN ARBITRATION PROVISION THAT REQUIRES YOU TO RESOLVE ANY DISPUTE WITH FREEBIRD RIDES THROUGH BINDING ARBITRATION. THEREFORE, PLEASE REVIEW THE ARBITRATION PROVISIONS SET FORTH BELOW CAREFULLY. BY AGREEING TO THESE TERMS OF SERVICE, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE ARBITRATION TERMS, AS WELL AS THE OTHER TERMS OF THIS AGREEMENT AND AGREE TO ABIDE BY THOSE TERMS. PLEASE TAKE THE TIME TO READ THEM CAREFULLY, AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS, INCLUDING LIABILITY LIMITATIONS AND EXCLUSIONS.

Contract Formation

These Terms of Service (“Terms”) govern your access or use of the applications, websites, content, products, and services, including the Referral Program (collectively and individually, the “Services”) made available by Freebird Rides and its affiliates, employees, agents, and officers (collectively, “Freebird Rides”, “we”, “us” and “our”). These Terms create a binding, enforceable legal agreement between Freebird Rides and you. These Terms may therefore be referred to herein as the “Agreement”. In these Terms, the words “including” and “include” mean “including, but not limited to.”

By accessing or using the Services, you confirm your agreement to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Services. These Terms expressly supersede any prior agreements or arrangements with you. Freebird Rides 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.

Freebird Rides may also amend these Terms from time to time. Your continued use of the Services after these Terms have been changed or revised (as indicated by the “Last Updated” date set forth above)indicates your ongoing acceptance of these Terms, including any amended or revised Terms. Freebird Rides may also at any time suspend your access to the Services or your account (including cash and/or points), and if it determines that you are in breach of any of the material provisions of this Agreement, Freebird Rides may terminate this Agreement with no liability to you for any accrued cash, points, or other benefits.

You agree that this Agreement is entered into electronically and that Freebird Rides may contact you electronically at the e-mail address and mobile telephone number connected with your account, whether provided to us directly or through Uber or another rideshare service, for the purposes of communicating with you about your account and for marketing purposes. You may opt out of any marketing messages by sending us notice of your opt out to optout@freebirdrides.com. Please review our Privacy Policy located at https://www.freebirdrides.com/privacy/ as you must also agree to the terms and conditions of said Privacy Policy in order to use the Services.

The Services

Freebird Rides is a referral service. Freebird Rides contracts with businesses that wish to encourage customers to visit their places of business (“Member Businesses”) by offering to reimburse their potential customers for some or all of their costs of obtaining transportation from a third party rideshare service such as Uber or Lyft. Freebird Rides’ Services include access to a mobile application and related tools (the “Application”) that integrate with the rideshare services, track the offers of Member Businesses, and communicate them to you. When you become a customer of a Member Business by making a purchase at the Member Business, the Application handles reimbursement to you in the amount of the offer from the Member Business or the cost of the ride, whichever is less.

The Services are made available to you for your own personal and non-commercial use. YOU ACKNOWLEDGE THAT PROVIDING THE SERVICES DOES NOT MAKE FREEBIRD RIDES A TRANSPORTATION PROVIDER, DELIVERY SERVICE, OR CARRIER.

Please note that if you have not completed a ride on Freebird for six consecutive months, any Freebird reward points that you may have accrued will expire with no value. Freebird may also offset the reward points you are owed against any amount you owe Freebird.

Your initial withdrawal or transfer of cash must be in an amount equal to or greater than $30.00. After your initial withdrawal or transfer, those withdrawals or transfers may be in any amount.

Freebird Rides offers a referral program by which Freebird Rides’ customers (“User(s)”) can receive incentives in exchange for referring other individuals to use the Services (“Referral Program”). The terms and conditions and rules related to the Referral Program are set forth at the end of this Agreement and, together with the other terms set forth in this Agreement, govern the Referral Agreement.

License and Restrictions Related to the Services

Subject to your compliance with these Terms, Freebird Rides grants you a limited, nonexclusive, non-sublicensable, revocable, non-transferable license to: (i) access and use the Application on your personal device solely in connection with your use of the Services; and (ii) access and use any content, information and related materials that may be made available through the Services, in each case solely for your personal, noncommercial use. Any rights not expressly granted herein are reserved by Freebird Rides. You may not use any of Freebird Rides’ trademarks, logos, or other intellectual property except as expressly provided in these Terms.

You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by Freebird Rides; (iii) decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Services; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or (vi) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.

In connection with the Services, you may access services offered by third parties (“Third-Party Services”). Those Third-Party Services may involve drink and food specials from Member Businesses and other advertising offered by third parties. These third parties and the Third-Party Services are not governed by these Terms, and you acknowledge that your relationships with such third parties, including any liability relating to those relationships, are governed by your contracts and other legal relationships with those parties. This includes your relationships with rideshare providers, Member Businesses, and any other third parties who may advertise using the Services or with whom you may come in contact through the Services.

Agreement to Binding Arbitration

You and Freebird Rides 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 Freebird Rides, and not in a court of law.

You acknowledge and agree that you and Freebird Rides 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 Freebird Rides 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 Freebird Rides 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.

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 at1-800-778-7879.

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.

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 California without reference to or application of any conflict of law rules.

The Arbitrator will render an award within the timeframe 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. The party that prevails in arbitration will be entitled to an award of attorneys’ fees and expenses, to the extent allowed under applicable law.

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.

User Accounts, Feedback and Copyrightable Content

When you download the Application, you will be required to set up an account with Freebird Rides (“Account”). As part of the registration process, you will be required to give us certain information such as your name, address, mobile phone number and age, as well as banking information for deposits of amounts to be reimbursed to you. You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to do so may result in your inability to access or use the Services. You may only have one Account and may not allow any third party to use your Account for any purpose.

You are responsible for any costs or fees related to network access and data or messaging fees for your mobile device and for the security of your login ID and password related to your Account, as well as for all activity that occurs under your Account.

You must be 18 or older to access the Services, and you warrant and represent that you are 18 or over. You may not assign these Terms to any third party. If you do, Freebird Rides may, at its sole option, retroactively declare any such assignment void at the moment of assignment. You may not use your Account or access the Services for any purpose not in compliance with applicable law, and you may not use the Services in a manner that causes nuisance, annoyance, damage, or inconvenience to any third party.

The Services may permit you to submit feedback, user community contributions and comments, technical support information, suggestions, enhancement requests, recommendations, and messages relating to the use and operation of the Service(“User Content”). You grant to us a royalty-free, fully paid, non-exclusive, perpetual, irrevocable, worldwide, transferable license to display, use, copy, modify, publish, perform, translate, create derivative works from, sublicense, distribute, and otherwise exploit User Content without restriction.

We respect the intellectual property rights of others. We reserve the right to remove any User Content on the Services which allegedly infringe upon another person’s copyright, trademark or other intellectual property right, and/or terminate, discontinue, suspend or restrict the account or ability to visit and/or use the Services or remove, edit, or disable any User Content on the Services which allegedly infringe upon another person’s intellectual property rights. We provide this policy pursuant to Section 512 of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act (“DMCA”).

A valid complaint under the DMCA must provide the following information in writing:

  1. An electronic or physical signature of a person authorized to act on behalf of the copyright owner.
  2. Identification of the copyrighted work that you claim has been infringed.
  3. Identification of the material that is claimed to be infringing and where it is located on the Service.
  4. Information reasonably sufficient to permit us to contact you, such as your address, telephone number, and, email address.
  5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law.
  6. A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.

FEDERAL LAW PROVIDES THAT IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES.

The above information must be submitted to Freebird at: support@freebirdrides.com

Payment Terms

Payment Process:
When you download the Application and register for an Account, you will receive access to available offers made by Member Businesses (each an “Offer”). If you accept an Offer and hail a ride pursuant to an Offer, payment for the total amount of the ride will be made to the rideshare operator using your credit card or other payment method on file with such rideshare operator. Payment will be governed by your agreement with the rideshare operator and any applicable agreement with your credit card company.

You must link one or more of your credit or debit cards with Freebird Rides to enable Freebird Rides to validate you have made a purchase at the Member Business establishment (each a “Linked Card”). When you reach the Member Business establishment and make a purchase there with a Linked Card, Freebird Rides will receive notice of the purchase and other payment information, including the date and time of purchase, amount of purchase, last four digits of the credit card number, city/state/zip code, and payment card type (“Payment Information”). You give permission to each Member Business and credit card processing company to share the Payment Information with Freebird Rides. Providing this information to Freebird Rides allows Freebird Rides to track the value of the Services on behalf of Member Businesses. Freebird Rides will keep confidential all Payment Information in accordance with applicable law and best industry practices and will not use such Payment Information for any purpose whatsoever, other than as set forth herein.

Upon receipt of notice that you have made a purchase, Freebird Rides will transfer credit from the Member Business’s account with Freebird Rides directly to your Account subject to the operating procedures of your bank. The amount will show as pending until such time as settlement occurs (usually within 72 hours), at which time you may transfer the credit into the bank account you have given us for the purposes of making reimbursements to you.

You are required to make a purchase at the Member Business before receiving reimbursement, but no specific amount of purchase is required.

If, for any reason, you do not make a purchase at the Member Business, you will not be reimbursed for the amount paid to the rideshare operator. If you have not created a Linked Card that matches the card you used to make a purchase at the Member Business within 45 days of such purchase, you will no longer be entitled to receive the Member Offer for that purchase. If, for any reason, your Linked Card does not match your transaction at a Member Business and you do not receive the Member Offer, you must report the issue to Freebird Rides by creating a ticket with Freebird Rides customer support within 45 days of your transaction date. If you do not create a support ticket within 45 days of such ride to a Member Business, you will forfeit your unclaimed Member Offer. Freebird Rides makes reimbursements based on the conditions set forth herein, and any exceptions or other allowances will be at the sole discretion of Freebird Rides.

Disclaimers; Limitation of Liability; Indemnity

Disclaimer:
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” FREEBIRD RIDES DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, FREEBIRD RIDES MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SERVICES OR ANY SERVICES REQUESTED THROUGH THE USE OF THE SERVICES OR GOODS OBTAINED AT ANY MEMBER BUSINESS, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. FREEBIRD RIDES DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF THIRD PARTY PROVIDERS OR THAT REFERRALS YOU MAKE WILL RESULT IN ANY CERTAIN LEVEL OF INCENTIVES. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE OR GOOD REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.

Limitation of Liability:
FREEBIRD RIDES SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, REGARDLESS OF THE NEGLIGENCE (EITHER ACTIVE, AFFIRMATIVE, SOLE, OR CONCURRENT) OF FREEBIRD RIDES, EVEN IF FREEBIRD RIDES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

FREEBIRD RIDES SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD PARTY PROVIDER, EVEN IF FREEBIRD RIDES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FREEBIRD RIDES SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND FREEBIRD RIDES’S REASONABLE CONTROL. YOU ACKNOWLEDGE THAT THIRD PARTY PROVIDERS PROVIDING TRANSPORTATION SERVICES, ACCOMMODATIONS, MEALS OR OTHER SERVICES OR GOODS MAY NOT BE PROFESSIONALLY LICENSED OR PERMITTED.

THE SERVICES MAY BE USED BY YOU TO REQUEST AND SCHEDULE TRANSPORTATION WTH THIRD PARTY PROVIDERS, BUT YOU AGREE THAT FREEBIRD RIDES HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY TRANSPORTATION PROVIDED TO YOU BY THIRD PARTY PROVIDERS OR GOODS OR SERVICES PROVIDED BY MEMBER BUSINESSES OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS.

THE LIMITATIONS AND DISCLAIMER IN THIS SECTION DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, FREEBIRD RIDES’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. THIS PROVISION SHALL HAVE NO EFFECT ON FREEBIRD RIDES’S CHOICE OF LAW PROVISION SET FORTH BELOW.

FREEBIRD RIDES SHALL NOT BE RESPONSIBLE TO YOU, OR ANY OTHER PARTY, FOR TAXES OR OTHER LIABILITIES RELATED TO THE RECEIPT OF CASH PRIZES, NON-MONETARY PRIZES OR REWARDS OR ANY OTHER INCOME YOU MAY RECEIVE FROM USE OF THE SERVICES. YOU EXPRESSLY AGREE BY USING THE SERVICES THAT YOU WILL BE RESPONSIBLE FOR ANY AND ALL SUCH LIABILITIES.

Indemnity:
You agree to defend, indemnify and hold Freebird Rides and its affiliates and their officers, directors, employees, and agents harmless from and against any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees), arising out of or related to: (i) your use of the Services or services or goods obtained through your use of the Services; (ii) your breach or violation of any of these Terms or any misrepresentation you make in connection with the Referral Program; (iii) the acts or omissions of any third-party provider, Member Business, or third party, including any claim related to a personal injury occurring en route to a Member Business and any claim related to a good purchased from a Member Business; or (iv) your violation of the rights of any third party, including third party providers.

Choice of Law

These Terms shall be governed by and construed in accordance with the laws of the State of California, U.S.A., without reference to or application of its conflict of law principles, except as may be otherwise provided in the Arbitration Agreement above. The foregoing choice of law and forum selection provisions do not apply to the arbitration clause in the Terms or to any arbitrable disputes as defined therein. Instead, the Federal Arbitration Act shall apply to any such disputes.

Notice

Freebird Rides may give notice by means of a general notice on the Services, electronic mail to your email address in your Account, telephone or text message to any phone number provided in connection with your account, or by written communication sent by first class mail or pre-paid post to any address connected with your Account. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or prepaid post) or 12 hours after sending (if sent by email or telephone). You may give notice to Freebird Rides, with such notice deemed given when received by Freebird Rides, at any time by first class mail or pre-paid post to Mobileoffer, Inc., 26500 Agora Road, Calabasas, CA 91302. You may also give notice to Freebird Rides via e-mail directed to support@freebirdrides.com. Email notice shall be deemed delivered when affirmatively acknowledged by Freebird Rides.

General

No joint venture, partnership, employment, or agency relationship exists between you or Freebird Rides as a result of these Terms or use of the Services. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent possible under law. Freebird Rides’ failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Freebird Rides in writing. This provision shall not affect any portion of the Arbitration Agreement of these Terms. These Terms are the complete and fully integrated expression of the parties’ agreement with respect to the matters addressed herein and may be modified or supplemented only by written agreement signed by the parties or as set forth in the Terms.

 

Provisions Related to the Referral Program

These Referral Program Rules (“Program Rules”) govern your participation in the Referral Program, referenced above. The Program Rules are in addition to the other provisions of the Terms, excluding those related to arbitration.

Program Overview

The Referral Program provides our Users who are interested in referring their family and friends (“Referrers”) the opportunity to refer eligible individuals to join the Freebird community as new riders. These Program Rules apply to both Referrers and potential Users, so please read carefully to understand your respective rights and obligations.

Referrer Eligibility

To be eligible to participate in the Referral Program as a Referrer, you must (a) be a legal resident of your country; (b) be the age of majority in your territory of residence; and (c) maintain a Freebird Rides account in good standing. If you violate the Program Rules or any applicable Terms of Service, we may suspend or terminate your ability to participate in the Referral Program under any or all of your accounts.

Freebird Codes

Under the Referral Program, we may provide you with a unique alphanumeric code (“Freebird Code”) to distribute to eligible individuals to become new riders (“Riders”). We may also provide you the ability to create additional Freebird Codes. We own all rights in and to any Freebird Code, whether provided to you or created by you. You acknowledge and agree that: (a) we may limit the number of Freebird Codes you may create or are made available to you, (b) you have no ownership rights in any form over the Freebird Codes, and (c) we may reclaim, deactivate, invalidate or terminate any Freebird Code at any time in our sole and absolute discretion.

How to Refer New Riders

a. Referred Riders

You may refer eligible individuals to become new Riders on the Freebird Rides Platform. In order to be eligible for a Referral Reward (defined below) for a new Rider, the potential User must (i) have never previously requested a ride via their Freebird Rides account; (ii) be at least the age of majority in your territory of residence, and (iii) satisfy the applicable Reward Criteria, as discussed below. If these conditions are met, the person shall be considered your “Referred Rider.” Once a new user enters a Freebird Code they cannot enter a second or alternate Freebird Code. Freebird Codes cannot be combined or “stacked” with promo codes unless noted otherwise on the promo code.

b. Invitations through the Freebird Rides Platform

You may invite your family and friends to become new Users directly through the Freebird Rides Platform by entering or providing us with your invitee’s contact information (all information collected by us under the Referral Program shall be governed by Freebird Rides’ Privacy Policy). Inviting an individual through the Freebird Rides Platform may generate an automatic invitation text (SMS) or email (the “Invitation”) to the person which may be sent through your phone number or a number controlled by Freebird Rides. The Invitation may contain a promotional offer of credit to a new Rider. You represent that you have the necessary consent from your invitee to send them the Invitation (either directly or through the Freebird Rides Platform). If your invitee follows the links in your Invitation and creates an account with us using the information provided, your Freebird Code will be applied on the new Rider’s account as applicable. The code may be automatically applied to your invitee’s account, or they may need to enter the code manually to have the code applied to their account. Please ensure your code was entered successfully and appears in the invites “Promo Code” section of the app prior to taking their first ride. Once the new user takes two or more rides, a Freebird Code cannot be added to their account.

c. Other Invitations

You may also invite eligible individuals to become new Users by distributing your Freebird Code directly and instructing them to manually input your Freebird Code into the Freebird Rides App. A Rider will not be able to apply your Freebird Code if (i) they’ve already applied another User’s Freebird Code or a different promotion code, (ii) they’ve already received credit from us or another source on their account prior to entry of your Freebird Code, or (iii) they take a Freebird ride prior to entering your Freebird Code in their account. If a User does not enter your Freebird Code, you will not receive attribution for the referral and they will not be considered your Referred Rider. We reserve the right to supply new Users with credit or sign-on bonuses at our discretion.

Referral Rewards

a. General

You are eligible to earn a referral incentive (“Referral Reward”) for each Referred Rider that you refer to the Freebird Rides Platform (subject to certain maximum limits and the other terms in these Program Rules). Referral Rewards can only be earned for Referrals in your country of residence, and cannot be earned for cross-border referrals. As discussed above, in order to qualify as your Referred Rider, the new User must satisfy the applicable Reward Criteria. The Reward Criteria are set by us in our sole discretion and are subject to change at any time. The Reward Criteria may vary by market or within a particular market. Freebird Rides, at its sole discretion, may make available certain promotions with different Reward Criteria or Referral Rewards to other Users or prospective Users. These promotions, unless offered to you, shall have no bearing whatsoever on your Agreement or relationship with Freebird Rides.

If the new User that you refer satisfies the Reward Criteria, the type of Reward you are eligible to receive may depend on (i) which User account you used to refer the new User to receive credits in their account (the amount of the Reward may also vary depending on which User account you use), (ii) the region associated with your account (which may be the last location you have logged into the Freebird Rides application), (iii) the region associated with the Referred User when they apply your Freebird Code, or (iv) other factors as determined and communicated by Freebird Rides.

b. Earning Rewards for Referred Riders.

New Riders you refer may receive credit or cash upon requesting and taking their first two rides via their new account (“Referral Credit”). Your referral “bonus” will be awarded to you so long as the new Rider enters your referral code correctly and books and completes their first ride via the Freebird Rids application. If the new Rider takes a ride via the Uber or Lyft app directly and does not book their ride in Freebird Rides, you will not receive the referral bonus until they do so. Referral Credit is only valid for use on the Freebird Rides Platform and is not transferable unless specified by us. Referral credit may contain certain restrictions such as expiration dates or geographical use limitations, which will be communicated to the new Rider. New Riders should check the Freebird Rides messages within their Freebird Rides application to determine whether they have Referral Credit and any restrictions on its use. In order to satisfy the Referral Criteria, the referred Rider must take their first ride before the Referral Credit expires. All terms and conditions for the distribution and use of Referral Credit are determined by us in our sole discretion.

c. Maximum Rewards for Referred Riders

The maximum amount of Referral Rewards that we will pay for Referred Riders is $2,000 per week (either in cash, credit, or a combination of the two). For example, if the Referral Reward is $10 per Referred Rider and you generate 230 Referred Riders in a single week, the maximum you can earn is $2,000 (in cash or credit) for such week. You may not create multiple accounts to circumvent the Referral Reward maximum, and we may withhold or deny any amounts above the maximum Referral Reward. We reserve the right to change this maximum amount, and it is your responsibility to review the Program Rules for the current maximum limits. Our agreement to offer cash or credit is temporary, for the term of this Agreement, and you have no property rights to receive cash or credit beyond the term of this Agreement, which shall extend for one year after each new Rider becomes a Referred Rider.

d. Resolving Disputes over Referrals

Only one person can earn a Referral Reward for a single Referred Rider. In the event that multiple persons claim credit for a particular referral, we have full discretion to determine which person earned such referral according to our systems. Any other disputes regarding the Referral Program are subject to arbitration as provided in this Agreement.

e. Reservation of rights

We reserve the right to withhold or deduct Referral Rewards or Referral Credit obtained through the Referral Program in the event that we determine or believe that the receipt of the Referral Reward or Referral Credit was in error, fraudulent, illegal, or in violation of these Program Rules or any other applicable agreement between you and Freebird.

Restrictions

In connection with your participation in the Referral Program, you expressly agree to the restrictions listed below. When distributing, promoting or communicating your Freebird Code(s) you agree as follows:

  1. No spamming. You agree that you will not “spam” anyone with invitations to join the Freebird community, and that you at all times will remain compliant with CAN-SPAM, the TCPA, and other applicable laws. At a minimum, the following specific activities are prohibited:
    1. Mass emailing, texting or messaging people you do not personally know;
    2. Use of automated systems or bots through any channel to distribute, post or respond to your Freebird Code;
    3. Use of scripts, programed or automatic dialers to send invites or to communicate Freebird Codes; and
    4. Posting Freebird Codes on event or venue pages without express permission from the owner.
  2. No Misrepresentations. You agree that you will not attempt to mislead anyone in connection with the Referral Program, either by affirmative representation, implication, or omission. In particular, you agree that you will not:
    1. Impersonate any person or entity
    2. Create fake accounts, blogs, webpages, profiles, websites, links or messages
    3. Misrepresent your relationship with us or any other third party (You may not create content or communications that could have the effect of leading a consumer to believe that it is an official communication from Freebird.)
    4. Suggest that an affiliation or partnership exists with a third party where none exists. Some examples include:
      1. “Use code ‘JOGAN’ to get up to $10 off your Freebird ride to the US Open! #USOPEN”;
      2. “Beyonce loves Freebird! Use code ‘JOGAN’ to get up to $10 off your Freebird ride to the Beyonce concert tonight!”; or
      3. “Little monsters love Freebird! Use Freebird) to get to the Gaga concert tonight!”
    5. Make misrepresentations with respect to the characteristics or qualification requirements for any referral rewards. You acknowledge that we may change the characteristics or qualification requirements for referral rewards in our discretion, and therefore you shall not represent any fixed characteristics (e.g., amount of credit or expiration date).
  3. Prohibited content. You agree that you will not use the Freebird Rides name, logo, or other brand material in connection with:
    1. Disparaging or defamatory content concerning Freebird Rides or third parties;
    2. Content which promotes racism, bigotry, hatred, discrimination or physical harm of any kind against any group or individual;
    3. Offensive, abusive, intimidating or harassing content
    4. Content that is sexually explicit, obscene and/or contains nudity
    5. Any political and/or religious statement;
    6. Content containing images or reference to drugs, alcohol, tobacco, weapons or firearms
    7. Content that violates someone else’s privacy
  4. Other restrictions. You also agree that you will not:
    1. Specify the monetary amount of the referral code unless authorized by Freebird Rides in writing;
    2. Create websites, domains, URLs, social media handles or email addresses containing the word “Mobileoffer or Freebird”;
    3. Use the names or marks of Mobileoffer, Inc. (DBA Freebird) competitors
    4. Use images of celebrities or other public or private figures without their written consent
    5. Use someone else’s brand name or intellectual property without their written consent (for example, referencing “Superbowl” or “Coachella” would be prohibited);
    6. Engage in phishing or attempting to obtain financial or other personal information
    7. Solicit passwords or personally identifiable information
    8. Sell your Freebird Code. You agree that you will only distribute your Freebird Code free of charge only for promotional purposes. You may not sell, trade, or barter your Freebird Code under any circumstances. You may not pay or provide anything of value to an invited user beyond any referral credit or collateral supplied by Freebird.
    9. Violate or infringe the rights of a third party. You will not create any Freebird Code that infringes on the intellectual property rights of any third party. You will adhere to our published guidelines in any use of the Freebird Rides marks and remove any reference or use of our marks upon request for any reason.
    10. Pay any third party to advertise your Freebird Code or the Referral Program, including via Google, Facebook, Twitter, Bing and Craigslist.
    11. Create printed materials other than those authorized by Freebird Rides (including but not limited to: VistaPrint)
    12. Post printed materials on public or private property without the express written consent.
    13. Engage in fraudulent activity. You agree that you and your referrals will not defraud or abuse (or attempt to defraud or abuse) Freebird Rides, the terms of the Referral Program, or any invited users.

If you violate any of these restrictions we may, in our sole discretion, remove your eligibility to participate in the Referral Program, and/or deny you any Referral Rewards earned in violation or suspected violation of these restrictions.

Other Referral Program Terms

The following terms shall also apply to your participation in the Referral Program.

  1. Users cannot earn Referral Rewards for referring themselves.
  2. In exchange for allowing you to promote your Freebird Codes online (subject to the restrictions above), you agree to include a link on any such promotion page back to Freebird Rides’ promotion page (or such other page as Freebird Rides designates).
  3. All Freebird Rides promotions, including this Referral Program, run for a limited time only and are subject to change at our discretion.