Last Updated: October 25, 2023
These Terms of Service (“Terms”) apply to your access to and use of the cars, websites, applications, and other products and services (collectively, our “Services”) provided by Waymo LLC and its subsidiaries (“Waymo,” “we” or “us”). By clicking to indicate your acceptance to these Terms or otherwise using our Services (including as a guest in a ride requested by another user), you agree to be bound by these Terms. If you do not agree to these Terms, you may not use our Services.
Please note that Section 18 contains a mandatory arbitration provision and class action waiver, which requires you to arbitrate certain disputes and claims with Waymo and limits the manner in which you can seek relief from us. Except as specified in Section 18, this provision requires that disputes be resolved solely through individual arbitration and not as a class arbitration, class action or any other type of representative proceeding.
Further, please note that Section 15 contains disclaimers with respect to the Services and an acknowledgment of understanding risks in using our Services.
In addition to these Terms, we may ask you to accept additional terms that apply to specific promotions, products, services or programs, including your participation as a Waymo Trusted Tester. To the extent any additional terms conflict with these Terms, the additional terms govern with respect to your access to or use of the applicable promotion, product, service, or program.
- Except as set forth in Section 4(b), you must be at least 18 years of age to use the Services.
- If you are using our Services on behalf of a corporate entity, you represent that you are authorized to accept these Terms on that entity’s behalf and that the entity agrees to be responsible to us if you or the entity violates these Terms. In these cases, the term “you” will refer collectively to you and that other entity.
- You represent and warrant that you (i) have not been previously suspended or removed from the Services, or engaged in any activity that could result in suspension or removal from the Services, and (ii) have full power and authority to enter into these Terms and in so doing will not violate any other agreement to which you are a party.
- We reserve the right, without notice and in our sole discretion, to suspend or terminate your right to use the Services at any time, temporarily or permanently, including if we believe you have violated these Terms.
- Waymo Accounts
Except when requesting or receiving Waymo services through certain third party platforms (“Access Platforms”), you will need to register for a Waymo account with us using an active Google account that you own or control. Unless otherwise permitted by Waymo in writing, you may only create one Waymo account. Waymo expressly reserves the right to deactivate additional or duplicate Waymo accounts. You are responsible for ensuring that any information you provide to Waymo is accurate. You must maintain the accuracy of your Waymo account information at all times. You may not allow other persons to use your Waymo account, and you agree that you are the sole authorized user of your Waymo account. You are solely responsible for maintaining the security of your Waymo account and account credentials, and must promptly notify us if you discover or suspect that someone has accessed your Waymo account without your permission.
- Purchasing Rides through your Waymo Account
- Pricing. All charges for rides are shown in U.S. dollars. The charges may include applicable taxes, tolls, airport surcharges and other governmental fees payable in connection with your rides. Any such taxes and fees displayed in advance of your ride are an estimate only. The total charge for each ride may depend on several factors including, but not limited to, the location of the ride, the duration of the ride, miles driven, any new destinations added during your ride, and the level of demand at the time the ride is requested. For more details regarding ride pricing, including standard pricing, and cleaning and cancellation fees, please refer to the Help Center. Pricing and fees are subject to change at any time, but no pricing changes will be made to a particular ride after that ride has been booked without a rider-initiated update.
- Taxes and Fees. You are responsible for any sales, use, value-added or other governmental taxes, fees or duties due with respect to your rides, including tolls, airport surcharges and other similar fees.
- Payment and Billing. You may only use payment methods approved by Waymo to pay for rides. We may adjust which methods we accept from time to time. You represent and warrant that you are authorized to use your designated payment method. Each time you request a ride, you authorize us to charge your payment method for the total amount of your ride, including any applicable cancellation and cleaning fees and any applicable taxes, tolls, airport surcharges and other third-party fees payable in connection with your rides. Additionally, you authorize Waymo to update account information regarding your selected payment method as provided by our payment processor, your issuing bank or the applicable payment network.
- Rides. You will be responsible for beginning and ending your ride in accordance with the instructions we provide via the Services, and you will be responsible for all costs and damages incurred until the point that you properly end your ride and exit the car. Once your ride has ended, you and your guests must exit the car and take all materials out of the car that you or they brought into it, including personal items and trash. At the end of each ride, you and your guests must leave the car in the same state of cleanliness and repair as it was in when you entered. We reserve the right to charge cleaning and repair fees in the event of your violation of this section. Please see the “Damages” section below for more details. We are not responsible for any lost, stolen or damaged personal property left in our cars. If you believe that you left behind any personal items in our car, please contact us using the contact information set forth in the Help Center.
- Errors. In the event of a billing error, we reserve the right to correct the error and revise your payment accordingly, which includes charging the correct price.
- Restrictions. Unless otherwise required under applicable law or in connection with an error discussed in (e) above, all ride payments are final and non-refundable. We may limit the number of rides you can take or impose other restrictions on your ability to take rides, including by setting a minimum or maximum distance for any single ride. Use of our Services, including our cars, is subject to availability. We may, in our sole discretion, modify or suspend the areas in which you may use our Services. You must not purchase rides in our cars from any party other than Waymo or its authorized partners or resell rides in our cars to any other party.
- Promotions. We may, in our sole discretion, make available promotions with different features or benefits to all or a subset of our users, including by issuing referral codes that may provide riding credits in exchange for successful referrals of new users. Unless otherwise stated in any supplemental terms, you agree that any promotional benefits we make available, including riding credits or discounts: (i) must be used in a lawful manner for the intended purpose; (ii) may not be sold or transferred in any manner; (iii) may be voided by Waymo at any time at Waymo’s sole discretion and for any reason without liability; (iv) have no cash value and cannot be applied to previous transactions; and (v) may expire prior to your use. You are responsible for any taxes related to your participation in promotions. We reserve the right to withhold or deduct credits or benefits you obtain through any promotion in the event that Waymo believes that the use or redemption of the promotion was in error, fraudulent, illegal, or otherwise in violation of our Terms. Participation in any promotion we provide will be subject to these Terms and any specific supplemental terms we provide for the promotion.
- Vehicle Damage. You must contact us using the in-car help button, in-car touchscreen, or by contacting us through our mobile application, upon your or your guests’ discovery of any damage to the interior or exterior of our cars or if the car experiences any problems during your ride (such as a flat tire, accident or failure to reach your designated destination). You must provide this notice as soon as practicable after such discovery. You agree to cooperate with us in our investigation of any issue that we reasonably believe occurred in connection with your ride, and provide all information that we request related to the issue. You will be responsible for paying for all damage to the car that we reasonably believe has been caused by you or your guests, and for any cleaning or repair costs if the car is left in an unclean or damaged condition. If you fail to report any damage on time, and the damage is later reported by another user of our Services, we may reasonably believe that you caused the damage unless we determine some other user is responsible for it.
- Sharing Your Ride
You must be present for the entire duration of any rides requested via your Waymo account. Any ride requested via your Waymo account will be deemed to be “your ride” for purposes of these Terms.
(b) Minor Guests. In addition to Section 4(a) above, in the event you permit someone under the age of 18 to be your guest in a car requested via your Waymo account, you represent and warrant that (i) you are, or have obtained consent from, such person’s parent or legal guardian, and (ii) you will ensure that such minor(s) is secured in an appropriate child safety seat (e.g., infant car seat, booster seat) as required by applicable law.
- Platform Restrictions
You are fully responsible for your conduct while accessing or using our Services. You must comply with all applicable laws and regulations in connection with the use of the Services, such as, for example, laws requiring the use of seatbelts in our cars. When using the Services, you shall conduct yourselves in accordance with Waymo’s Rider Rules and any other instructions or requirements provided by Waymo from time to time, including as may be provided inside of our cars or other portions of our Services.
Our Services are solely intended to provide you and your permitted guests with transportation for personal, non-commercial purposes between locations within our active service areas. In connection with your use of the Services, you agree that you and your guests will not:
Violate any applicable law, contract, intellectual property right, privacy right, or other third-party right, commit a tort or create any dangerous condition;
Engage in any abusive, obscene, offensive, harassing, threatening, intimidating, spamming, predatory or stalking conduct;
Discriminate against anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation;
Transport any illegal or hazardous materials (e.g., flammable or combustible liquids) via our cars;
Carry any weapons (or anything that resembles a weapon, e.g. toy gun) in our cars;
Sell, lease, or rent or offer any aspect of our Services to any third party or otherwise use the Services for any Commercial Purpose, without Waymo’s prior written permission. “Commercial Purpose” means any purpose primarily intended for or directed towards a commercial advantage or monetary compensation, or intended for or directed towards gathering competitive intelligence or information for litigation, licensing, or enforcement, even in part. Examples include selling a ride in our car through your Waymo account; and riding in, offering a ride in, or requesting another person ride in or near a Waymo car to conduct competitive information gathering, with or without monetary compensation;
Use or deploy information acquired from rides in Waymo cars: (i) in testing of any autonomous vehicle or autonomous vehicle technology or to assist in the testing of any autonomous vehicle or autonomous vehicle technology; or (ii) in any Production Systems. “Production Systems” means computer, network, and datacenter infrastructure, and other systems primarily intended to provide a product or service to customers or other third parties, even if no monetary compensation is received for such a service.
Tamper with or modify any aspect of our Services or security controls, including any equipment or component installed in or on the car (e.g. making contact with the steering wheel; brakes/accelerator pedal; turn signal/wiper blade stalks or sensors, including lidars, cameras, or radars); any interior or exterior covers or panels protecting car equipment or components; interior or exterior stickers, or car or account security controls;
Load our cars beyond the car’s stated passenger or weight capacity (i.e., the incremental weight in the car may not exceed the weight limit specified in or on the car) or allow animals to enter our car (other than a service animal of a passenger);
Smoke, vape, drink or otherwise possess alcoholic beverages in violation of applicable laws, sell or consume drugs, or abuse other substances in our cars;
Engage in conduct that causes damage to our cars, including installing or mounting devices in or on the car;
Copy, distribute, create derivative works of, publicly perform or publicly display any software used in connection with the Services or any other copyrighted material made available via the Services, or remove any proprietary rights notices or markings;
Use or attempt to use another user’s Waymo account;
Use our Services in any manner that could interfere with, disrupt, negatively affect or inhibit the proper operation of our Services or that could damage, disable, overburden or impair the functioning of our Services in any manner, including by using the pullover button other than when needing to exit our car before the intended destination;
Impersonate or post on behalf or any person or entity or otherwise misrepresent your affiliation with a person or entity;
Decompile, decipher, reverse engineer, or otherwise disassemble any aspect of our Services or do anything that might discover source code or bypass or circumvent measures employed to prevent, protect, secure, or limit access to any part of our Services;
Attempt to circumvent any constraints we employ to protect, secure, or limit access to any part of our Services, or attempt to access, manipulate, collect information from, or conduct surveillance of any feature, equipment, component, or area of our Services that you are not authorized to access;
Use instruments or equipment to record, measure, collect information about, or conduct surveillance of any feature, equipment, component, or area of our Services not generally observed by a rider with their unaided eye, including installing, planting, or bringing onboard devices to systematically, or with the intent to systematically, measure, collect, record, or otherwise obtain competitively sensitive, proprietary, or non-public information about our Services or cars;
“Frame” or “mirror” any part of the Services without our prior written authorization, or use meta tags or code or other devices containing any reference to us in order to direct any person to any other website for any purpose;
Develop or use any application that interacts with our Services without our prior written consent;
Use any data mining, robots or similar data gathering or extraction methods other than in accordance with any instructions contained in any robots.txt file we provide that controls automated access to portions of our websites;
Send, distribute, or post spam, unsolicited or bulk commercial electronic communications, chain letters, or pyramid schemes;
Post any User Content that contains or depicts: any statements, remarks, or claims that do not reflect your honest views and experiences; any unsolicited promotions, political campaigning, advertising, or solicitations; any private or personal information of a third party without such third party’s consent; or any viruses, corrupted data or other harmful, disruptive or destructive files or content;
Use our Services other than for their intended purpose or in any other unauthorized manner, including engaging in any conduct intended to test or create an uncertain condition in relation to Waymo’s car or autonomous driving technology; or
Engage in, encourage or promote any activity that violates these Terms or Waymo’s intellectual property rights.
If you create, collect or are otherwise in possession of data or intellectual property arising from use of the Services in violation of this Section 5 ("Prohibited IP"), then, without limiting any of our rights or remedies, (i) you agree that such Prohibited IP is deemed Feedback and you hereby grant to Waymo a Feedback License (as defined in Section 12) to and under such Prohibited IP and any intellectual property rights applicable to such Prohibited IP or Services, (ii) you agree not to assert a claim of intellectual property infringement based in whole or in part on such Prohibited IP or such intellectual property rights, and (iii) upon Waymo’s request and in its sole discretion, will provide to Waymo the Prohibited IP, a copy and/or description thereof and/or delete or destroy the Prohibited IP.
- User Content
Our Services may allow you and other users to create, post, store and share content, including messages, text, photos, videos, software, music, audio and other materials (collectively, “User Content”) through our Services or third party platforms. Except for the license you grant below, as between you and Waymo, you retain all rights in and to your User Content. You grant Waymo a perpetual, irrevocable, nonexclusive, royalty-free, worldwide, fully-paid, and sub-licensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, resell, publicly perform and display your User Content and any name, username, voice, image, persona, likeness, and performance provided in connection with your User Content via the Services and in all media formats and channels now known or later developed without compensation to you. When you post or otherwise share User Content, you understand that your User Content and any associated information (such as your username or profile photo) may be visible to the public. Although we have no obligation to screen, edit or monitor User Content, we may delete or remove User Content at any time and for any reason. You represent and warrant that you have all necessary rights to grant the license under this section and that Waymo’s exercise of any of these license rights will not infringe any intellectual property right of any third party or violate any contract to which you are party. In connection with the license, representations, and warrants above, you acknowledge and agree that Waymo may post, re-post, or otherwise use User Content you post on third party platforms, including social media platforms. Waymo does not endorse any User Content and makes no warranties or guarantees with respect to User Content (including with respect to its compliance with these Terms). Waymo is not responsible for any User Content you access via the Services. Any access to User Content is at your own risk. You may not create, post, store or share any User Content that violates any law or any right of any third party, infringes or misappropriates any intellectual property right or that we otherwise deem to be objectionable.
- Limited Use
Our Services, including the text, graphics, images, photographs, videos, illustrations, trademarks, trade names, service marks, logos, slogans, User Content and other content contained therein, are owned by or licensed to Waymo and are protected under both United States and foreign laws. Except as explicitly stated in these Terms, Waymo and our licensors reserve all rights in and to our Services. Subject to these Terms, including your compliance with Section 5 above, you may install and use our mobile app for your own personal, non-commercial use. Any use of our mobile app or our Services other than as specifically authorized herein, without our prior written permission, is strictly prohibited and automatically terminates any rights granted to you herein to use our mobile app and revokes any offer to ride in our cars.
You agree to receive marketing and other communications sent by us via text message or telephone calls (including pre-recorded messages generated by automatic telephone dialing systems) to any phone number you provide us via the Services. You represent and warrant that you are the owner of that phone number. You are not required to consent to receive marketing communications as a condition of using the Services or purchasing any rides, and can opt out of receiving marketing communications by following the instructions set forth in the Help Center. Standard text messaging charges applied by your cell phone carrier will apply to text messages we send. Some riders may request or receive Waymo services through Access Platforms. Please visit the Privacy Policies of those Access Platforms in order to understand the types of data shared with Waymo and for what purposes.
“Waymo” and our logos, product or service names, slogans, designs, the look and feel, and other other distinctive features of the Services are trademarks, trade dress, or other protected intellectual property of Waymo and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned on the Services are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply affiliation with or endorsement, sponsorship, or recommendation by us.
You may create a text hyperlink to our websites for noncommercial purposes provided that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited permission may be revoked at any time. You will not use the Waymo logo or other proprietary graphic of Waymo to link to our websites without our express written permission.
- Third-Party Materials
Our Services may contain or refer to third-party content, services or materials, including links or referrals to web pages, services and content of third parties or applications or services that link from or are mentioned within our Services (collectively, the “Third-Party Materials”). Waymo does not endorse or adopt any Third-Party Materials and can make no guarantee as to their accuracy or completeness. Waymo does not create, update, or have an obligation to monitor Third-Party Materials and is not responsible for any Third-Party Materials. You are responsible for deciding if you want to access or use Third-Party Materials. Your correspondence or business dealings with, or participation in promotions of, or advertisements found on or through our Services are solely between you and the applicable third party. Access to and use of any Third-Party Materials, including the information, materials, products, and services on or available through any third-party sites or services, is solely at your own risk.
You may submit questions, comments, suggestions, ideas, original or creative materials or other information directed to us about Waymo or our Services (collectively, “Feedback”). You hereby grant us a non-exclusive, worldwide, sublicensable, perpetual, royalty-free, fully paid up and irrevocable license to (i) reproduce, distribute, create derivative works based on, perform, display, and otherwise use; and (ii) use, make, have made, import, sell, offer for sale, lease, transfer, and otherwise exploit any product or and service, and practice and have practiced any method, in all cases including combinations, that incorporates, (collectively “Feedback License”), such Feedback. The Feedback License hereby granted is for any purpose, including to incorporate within our Services, incorporate in other products and services (including combinations) or to otherwise exploit commercially without acknowledgment or compensation to you.
- Copyright Complaints
We have adopted a policy of terminating, in appropriate circumstances, the accounts of users who repeatedly infringe the copyrights of others. If you believe that any content posted or stored on our Services infringes any copyright that you own or control, you may notify Waymo’s designated agent as follows:
1600 Amphitheater Parkway
Mountain View, CA 94043
Please see 17 U.S.C. §512(c)(3) for the requirements of a proper notification. Also, please note that if you knowingly misrepresent that any activity or material on our Services is infringing, you may be liable to Waymo for certain costs and damages.
To the fullest extent permitted by applicable law, you will indemnify, defend, and hold harmless Waymo, our subsidiaries and affiliates, and each of our and their respective officers, directors, partners, suppliers, licensors and employees (individually and collectively, the “Waymo Parties”) from and against any loss, liability, claim, demand, damages, expenses or costs arising out of any or related to (a) your use of the Services; (b) your negligence, willful misconduct, or recklessness; (c) your User Content or Feedback; (d) your violation of these Terms; (e) your violation, misappropriation or infringement of any rights of another, including intellectual property rights or privacy rights; or (f) any acts or omissions of, or any claims brought by, any of your guests, including in connection with their use of the Services, negligence, or violation of these Terms. You will not be required to indemnify the Waymo Parties for any personal injury or property damage to the extent caused by our Services except to the extent such injury or damage is caused by your, or any of your guests’, negligence or violation of these Terms, including the Rider Rules. You agree that the Waymo Parties will have the exclusive right to control the defense or settlement of any third-party claims subject to this section. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and Waymo or the other Waymo Parties.
- Disclaimers; Assumption of Risk
- We do not control, endorse or take responsibility for any User Content, Third-Party Materials, or any rider insurance program we may offer in connection with the Services. Our Services are provided “as is” and “as available” without warranties of any kind, either express or implied, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. Waymo does not make any representations or warranties regarding the accuracy, completeness, availability or reliability of the Services.
- The Services, including our autonomous driving system and accessibility settings, depend upon emerging technologies and could become inoperable or inaccessible for a period of time, or may function erratically or improperly, with little to no advance notice. For these and other reasons (such as if a car gets a flat tire), passengers may not always be delivered to their intended destinations or may experience inconveniences or discomfort related to the Services. Our cars are not designed to provide transportation services in connection with emergencies, such as if a person needs to be transported to a hospital for urgent or emergency care. If you use our cars, you acknowledge that you understand the risks described in this section.
- Limitation of Liability
To the fullest extent permitted by applicable law, the Waymo Parties’ liability to you under any theory of liability—whether based in contract, tort, Waymo’s negligence, warranty, or otherwise— will be subject to the following terms:
(a) The Waymo Parties will not be liable for any indirect, consequential, incidental, special damages, lost profits or the costs of procuring substitute transportation services arising out of or in any way related to these Terms or our Services, even if Waymo or the other Waymo Parties have been advised of the possibility of such damages.
(b) The total liability of the Waymo Parties, for any claim arising out of or relating to these Terms or our Services, regardless of the form of the action, is limited to the amount paid by you to Waymo for the Service instance giving rise to the claim.
(c) Our Services may include referrals to or arrangement of transportation services provided by third-party service providers (“Third-Party Providers”). Except as expressly set forth herein, you agree that Waymo has no responsibility or liability related to any services provided by Third-Party Providers.
(d) The limitations set forth in this Section 16 will not limit or exclude liability to you (i) for the gross negligence, fraud, or reckless or intentional misconduct of the Waymo Parties; (ii) for any personal injury or property damage to the extent caused by Waymo’s negligence or a defect in our Services (except to the extent such injury or damage is caused by your, or any of your guest’s or third party’s, acts or omissions or violation of these Terms, including the Rider Rules); or (iii) for any other matters in which liability cannot be excluded or limited under applicable law.
To the fullest extent permitted by applicable law, you release the Waymo Parties from responsibility, liability, claims, demands, and/or damages (actual and consequential) of every kind and nature, known and unknown (including claims of negligence), arising out of or related to disputes between you and any third party (including other passengers) and the acts or omissions of third parties. You expressly waive any rights you may have under California Civil Code § 1542 as well as any other statute or common law principles that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.
Please read the following section carefully because it requires you to arbitrate certain disputes and claims with Waymo and limits the manner in which you can seek relief from us.
(b) To the fullest extent permitted by applicable law, you and Waymo agree that any dispute arising out of or related to these Terms or our Services is personal to you and Waymo and that any dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding.
(c) You and Waymo agree that these Terms affect interstate commerce and that the enforceability of this Section 18 will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the “FAA”), to the maximum extent permitted by applicable law. As limited by the FAA, these Terms and the JAMS rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any dispute and to grant any remedy that would otherwise be available in court; provided, however, that the arbitrator does not have the authority to conduct a class arbitration or a representative action, which is prohibited by these Terms. The arbitrator may only conduct an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual. As part of the arbitration, both you and Waymo will have the opportunity for reasonable discovery of non-privileged information that is relevant to the Dispute.
(d) Unless you and Waymo otherwise agree, the arbitration will be held in the county of your billing address. If JAMS arbitration is unavailable in that county, the arbitration will take place in the nearest available location for a JAMS arbitration.
(e) With respect to the cost of the arbitration, if you initiate arbitration against Waymo, you will be responsible for JAMS filing fees up to a maximum of $250. All other costs payable to JAMS will be paid by Waymo, including any remaining JAMS case management fee and all professional fees for the arbitrator's services. If Waymo initiates arbitration against you, Waymo will pay all costs payable to JAMS in connection with the arbitration. Each party shall be responsible for its own attorneys’ fees and any other costs that are not payable to JAMS to administer the arbitration.
(f) You and Waymo agree that the state or federal courts of the State of California and the United States sitting in Santa Clara County, California have exclusive jurisdiction over any appeals and the enforcement of an arbitration award.
(g) ANY DEMAND FOR ARBITRATION ARISING OUT OF OR RELATED TO THESE TERMS OR OUR SERVICES MUST BE MADE WITHIN ONE YEAR OF DISCOVERY OF THE CLAIM; OTHERWISE, THE CLAIM IS PERMANENTLY BARRED, WHICH MEANS THAT YOU AND WAYMO WILL NOT HAVE THE RIGHT TO ASSERT THE CLAIM.
(h) You have the right to opt out of binding arbitration within thirty (30) days of the date you first accepted these Terms by emailing firstname.lastname@example.org. In order to be effective, the opt out notice must include your full name and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve Disputes in accordance with Section 19.
(i) This Section 18 shall not require arbitration of the following types of claims: (1) small claims disputes in which you or Waymo seek to bring an individual action in small claims court located in the county of your billing address; (2) disputes in which you or Waymo seeks injunctive or other equitable relief for any alleged infringement or misappropriation of intellectual property rights; or (3) an individual claim by you arising from (a) sexual assault of you committed by an agent or employee of Waymo or (b) unwelcome behavior of a sexual nature directed toward you by an agent or employee of Waymo.
- Governing Law and Venue
These Terms and your access to and use of our Services will be governed by and construed and enforced in accordance with the laws of California, without regard to conflict of law rules or principles (whether of California or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any dispute between the parties that is not subject to arbitration or cannot be heard in small claims court will be resolved in the state or federal courts of California and the United States, respectively, sitting in Santa Clara County, California.
- Export Compliance
All or part of our Services may be subject to U.S. export control and economic sanctions laws and regulations (“Export Controls”). You agree to abide by all Export Controls as they relate to your access and use of our Services. You represent and warrant that (a) you are not located in a country that is subject to a U.S. Government embargo or sanction, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.
- Commercial Items
If acquired by any agency of the U.S. Government, such agency and the U.S. Government acknowledges and agrees that (a) the Services constitute “commercial computer software” or “commercial computer software documentation” for purposes of 48 C.F.R. §12.212 and 48 C.F.R. §227.7202, as applicable; and (b) such agency's rights are limited to those specifically granted under these Terms.
- Waymo’s Right to Modify or Terminate our Services
We reserve the right, without notice and in our sole discretion, to modify, suspend or discontinue all or a part of the Services with respect to you or more generally, at any time for any reason. In particular, we do not guarantee the availability or use of any particular car or that any car will be available for your use at any given time. We are not responsible for any loss or harm related to your inability to access or use our Services.
- Changes to Terms
We may make changes to these Terms from time to time. If we make changes, we will provide notice of such changes by, for example, sending an email notification, providing notice through our Services, or posting the amended Terms and updating the “Last Updated” date above. Unless we say otherwise in our notice, the amended Terms will be effective immediately and your continued access to and use of our Services after we provide notice will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must stop accessing and using our Services. Unless material changes are made to the arbitration provision under Section 18, you agree that modification of these Terms does not create a new right to opt out of arbitration.
If any provision or part of a provision of these Terms is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions. These Terms (together with any applicable supplemental terms) constitute the entire agreement between you and Waymo relating to your access to and use of our Services. Enforcement of these Terms is at Waymo’s discretion, and any failure of Waymo to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. References to “including” or “include” will be deemed to mean “including without limitation”. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity. You agree that communications and transactions between us may be conducted electronically.
- Questions or Complaints
- If you have any questions or concerns regarding the Services or these Terms, including to resolve a complaint regarding the Service or to receive further information regarding use of the Service or these Terms, please contact Waymo using the contact information set forth in our Contact Us page.
- California consumers may also contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at 1 (800) 952-5210.
- Additional Terms for iOS Users
The following terms apply if you are accessing or using our mobile application (“App”) on an Apple Inc. (“Apple”) branded mobile device.
- Acknowledgement. The Terms are concluded between Waymo and you only, and not with Apple, and, as between Apple and us, we are solely responsible for the App and the content thereof.
- Scope of License. The license granted to you for the App under the Terms is limited to a non-transferable license to use the App on any Apple-branded products that you own or control and as permitted by the Apple Usage Rules set forth in the App Store Terms of Service, except that such App may be accessed, acquired, and used by other accounts associated with the purchaser via “Family Sharing” or volume purchasing.
- Maintenance. Waymo is not obligated to provide any support or maintenance services for the App, provided that we are solely responsible for such services to the extent required under applicable law. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.
- Warranty. To the effect not effectively disclaimed under Section 15 of the Terms, we are solely responsible for any warranties, whether express or implied by law. In the event of any failure of the App to conform to any applicable warranty not effectively disclaimed under Section 15, you may notify Apple, and Apple will refund the purchase price (if any) for the App; and agree that, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our sole responsibility.
- Liability. Subject to Section 16 of the Terms, we, and not Apple, are responsible for addressing any claims of yours or any third party relating to the App or your possession and/or use of that App, including: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
- IP Claims. Subject to Section 16 of the Terms, in the event of any third-party claim that the App or your possession and use of that App infringes any third party’s intellectual property rights, we, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
- Third Party Beneficiaries. Apple and its subsidiaries are third party beneficiaries of these Terms, and will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.
- Name and Address. Waymo LLC, 1600 Amphitheater Parkway Mountain View, CA 94043