Terms of Service
1. AGREEMENT TO TERMS
These Terms of Service ("Terms") constitute a binding agreement between you ("Client") and 1Now Inc., a Delaware corporation ("1Now," "we," "us," or "our") governing your access to and use of the 1Now platform and related services (the "Platform").
By accessing, registering for, or using the Platform, you confirm that you have read, understood, and agreed to these terms and any updates communicated to you. If you do not agree, you must not access or use the Platform.
If you are accepting these terms on behalf of an organization, you represent and warrant that you have the authority to bind that entity. Your use of the Platform constitutes an electronic signature enforceable under applicable laws, including the U.S. Electronic Signatures in Global and National Commerce Act (E-Sign Act) and the Delaware Uniform Electronic Transactions Act.
Any sample agreements, templates, or e-signature functionality provided through the Platform are for convenience only and do not constitute legal advice; Client remains solely responsible for the content and enforceability of its agreements.
2. SERVICE DESCRIPTION
1Now provides a cloud-based platform that enables car rental operators to manage direct booking websites, reservation workflows, calendar synchronization, renter verification (via third-party integrations), insurance options, rental agreements, and financial reporting.
1Now is a technology provider only. It does not operate a car rental business or participate in rental transactions. You acknowledge and agree that 1Now is not a party to any rental transaction between you and your renters and assumes no responsibility for the maintenance, safety, legal compliance, or performance of your rental operations.
1Now is not affiliated with, endorsed by, or partnered with Turo Inc. or any other third-party carsharing or rental platform. You are solely responsible for complying with any applicable terms of service or platform agreements to which you are bound. See Section 6A for more information on thirdparty platform compliance.
You, as the Client, retain sole responsibility for all aspects of your business, including compliance with laws, renter interactions, vehicle upkeep, insurance, payments, claims, and enforcement of agreements. 1Now may modify, discontinue, or enhance features of the service at its discretion for business, legal, or technical reasons. Such changes shall not constitute a breach of these terms.
2A: ACCESSIBILITY DISCLAIMER
1Now does not warrant that the Platform or related tools are compliant with the accessibility standards of the Americans with Disabilities Act (ADA) or any comparable legislation, unless such compliance has been expressly contracted for in writing. If your use of the Platform requires accessibility features, you must request them in advance as part of a separately scoped and contracted service.
Except where ADA-compliant functionality has been expressly provided under such a separate agreement, 1Now disclaims all responsibility and liability for any claims of non-compliance with accessibility requirementsa
3. ACCOUNT REGISTRATION AND ADMINISTRATION
You must create and maintain a valid administrative account to access the platform. You are solely responsible for:
• Ensuring that all registration and contact information is current, complete, and accurate.
• Authorizing only designated personnel (“Authorized Users”) to access your account in accordance with these terms.
• Maintaining the confidentiality of all login credentials and ensuring they are not shared or reused by multiple individuals.
• All activity that occurs under your account, whether by you or by any authorized user, and whether authorized or unauthorized.
You agree that 1Now is not liable for any loss or damage resulting from unauthorized access or failure to maintain account security. 1Now may suspend or revoke access to any account or user that violates these terms or poses a legal, security, or reputational risk.
4. SUBSCRIPTION, BILLING, AND AUTO-RENEWAL
Your use of the Platform is subject to a recurring subscription fee (“Subscription”) as agreed during onboarding or checkout. Fees are billed automatically in advance through Stripe, Square, or another authorized processor. All fees are exclusive of applicable taxes and must be paid in U.S. dollars (USD), unless otherwise specified. Client is responsible for all sales, use, value-added, or similar taxes, duties, or charges arising from its Subscription, other than taxes based on 1Now’s net income. Where required by law, 1Now may collect and remit such taxes and charge Client accordingly.
Unless canceled at least seven (7) days before the renewal date, subscriptions automatically renew for the same term and rate, unless modified in accordance with these Terms.
All fees are non-refundable, and no credits will be issued for partial months, downgrades, or unused services.
1Now may adjust subscription pricing on renewal with prior notice. Late or failed payments may lead to suspension or termination of access, and you remain responsible for any unpaid amounts, including reasonable collection costs.
Auto-Renewal Compliance. For annual subscription terms, where required by law, 1Now will provide advance notice of renewal. These subscriptions are for commercial use, and nothing in these Terms waives any non-waivable rights under applicable automatic renewal laws.
5. THIRD-PARTY INTEGRATIONS AND DISCLAIMERS
The Platform may include integrations with third-party services, including but not limited to Stripe and Square (payment processing), Vouched (identity verification), Canopy and Bonzah (insurance verification and renter protection), and Turo (calendar synchronization).
1Now does not control and is not responsible for the accuracy, availability, functionality, or security of third-party services. Your use of such services is governed by their respective terms and policies. Calendar synchronization with Turo is enabled solely through publicly available user-facing features or authorized interfaces. 1Now does not reverse-engineer, automate, or access Turo’s backend infrastructure in violation of their terms.
5A. THIRD-PARTY SERVICES AND INSURANCE DISCLAIMER
Third-Party Services are independent of 1Now and provided “as is.” 1Now makes no warranties or guarantees regarding their functionality, availability, accuracy, compliance, or suitability, and disclaims all liability for any loss, damage, or claim arising from their use.
1Now is not an insurer, insurance producer, broker, agent, underwriter, claims adjuster, intermediary, law firm, or professional advisor. Any insurance-related functionality within the Platform merely facilitates access to Third-Party Services. 1Now does not verify, warrant, or guarantee the sufficiency, validity, currency, or accuracy of any insurance- or identity-related information.
Coverage determinations, claims handling, payments, and related decisions are made solely by the applicable insurer or Third-Party Service. If coverage is denied, delayed, limited, or otherwise fails, all risks and losses — including uncovered damages, deductibles, chargebacks, penalties, towing or storage expenses, diminution of value, administrative fees, or loss-of-use — are borne solely by Client.
5B. CLIENT RESPONSIBILITIES
Client is solely responsible for:
1. Securing and maintaining all insurance required for Client Vehicles and rental operations, including commercial/fleet liability and physical damage coverage.
2. Complying with all applicable laws and regulations, including financial-responsibility statutes, the Graves Amendment, and renter-screening or authorization rules.
3. Entering into and complying with agreements with Third-Party Services and managing all resulting transactions, obligations, and renter interactions.
4. Presenting and obtaining all legally required disclosures, authorizations, and consents from renters.
5. Accepting that Third-Party Services may change, suspend, or discontinue at any time, and that 1Now bears no liability for resulting disruptions, data loss, delays, or increased costs.
6. Bearing all risks of reliance on outputs, determinations, or information generated by ThirdParty Services or Insurance Features.
High-Risk Use Prohibition. Client shall not use the Service in, or in connection with, high-risk environments or activities where failure of the Service could reasonably be expected to result in death, serious bodily injury, or catastrophic property or environmental damage. Without limiting the foregoing, Client shall not use the Service in violation of applicable financial-responsibility or insurance laws.
5C. PASS-THROUGH TERMS
Client’s use of any Third-Party Services is subject to the applicable third party’s own terms, which govern Client’s rights and remedies with respect to such services.
If there is any conflict between such third-party terms and this Agreement with respect to the ThirdParty Services, the third-party terms shall control as between Client and the applicable third party.
No third-party terms, however, shall expand or modify 1Now’s obligations or liability under this Agreement unless expressly agreed to by 1Now in a signed written amendment.
5D. FUNDS HANDLING DISCLAIMER
1Now is not a money transmitter, escrow agent, trustee, or fiduciary, and does not hold, control, or manage Client or renter funds. All payments are processed directly through integrated third-party processors, and Client’s relationship is governed by those processors’ terms and card network rules. Chargebacks, reversals, holds, or fees imposed by processors or networks are solely Client’s responsibility.
6. PLATFORM USAGE AND PROHIBITED CONDUCT
You agree to use the Platform solely for lawful business purposes related to car rental operations.
You will not:
• Use the Platform to violate any law, regulation, or third-party right.
• Attempt to access systems, accounts, or data without authorization.
• Reverse engineer, modify, or replicate any part of the Platform.
• Interfere with Platform integrity or performance.
• Misrepresent your affiliation with 1Now or its affiliates.
• Use the Platform to upload, distribute, or introduce malware, harmful code, or other malicious technologies.
• Access or use the Platform through automated scripts, bots, or data scraping tools without prior written consent.
• Sublicense, lease, or provide access to the Platform to any third party without 1Now’s written approval.
1Now reserves the right to suspend or terminate access for any conduct deemed abusive, unlawful, or harmful to 1Now, its Platform, or other clients.
6A. THIRD PARTY PLATFORM COMPLIANCE
You acknowledge that 1Now is an independent software provider and is not affiliated with, endorsed by, or partnered with Turo Inc. or any other third-party car-sharing, fleet management, or rental platform.
The Platform may include features that support your rental operations outside of third-party platforms; however, it is your responsibility to ensure that your use of the Platform does not violate any applicable terms of service, agreements, privacy policies, or platform rules, including but not limited to those of Turo.
You agree not to use the Platform in any manner that would solicit, contact, or transact with renters in violation of third-party platform policies, including restrictions on off-platform transactions or use of renter data.
You are solely liable for any consequences, claims, or disputes resulting from a breach of another service’s terms. 1Now disclaims all liability arising from your interactions with, or obligations to, such third-party platforms.
Additionally, you are responsible for ensuring that any renter data obtained through other platforms is used in compliance with their applicable privacy and contractual restrictions. Any violation of thirdparty terms may result in the suspension or termination of your access to the Platform.
6B. OUTBOUND MESSAGING COMPLIANCE
Client is solely responsible for all SMS, email, or call communications sent through the Platform and is deemed the “sender/maker” under applicable laws. Client must obtain required consents (including prior express written consent where applicable), include required disclosures, maintain lawful recipient lists, and timely honor all opt-out/STOP/UNSUBSCRIBE requests. Client controls all content, frequency, and timing. 1Now acts only as a passive conduit and does not guarantee deliverability. Client shall indemnify and hold harmless 1Now from any claims or penalties under TCPA, CANSPAM, CASL, or similar laws.
6C. API USE AND RATE LIMITS
If Client accesses the Platform through an API provided by 1Now, Client must secure its API keys and use the API only as documented. 1Now may impose rate limits, restrict queries, or revoke access to protect Platform stability. Client may not cache responses beyond stated lifetimes, benchmark the API, or generate derivative works that replicate 1Now’s data models or functionality. Use of the API to build or offer a competing product or service is prohibited.
6D. NO CODE ACCESS
The Platform is provided solely as a hosted software-as-a-service. Client shall have no right to access, receive, or obtain any portion of the Platform’s source code, object code, executables, or underlying software (collectively, the “Code”).
Client shall not:
(i) request or demand delivery of the Code;
(ii) attempt to decompile, disassemble, reverse engineer, or otherwise derive the Code; or
(iii) use the Platform to develop or support a competing product or service.
All rights in and to the Code remain exclusively with 1Now and its licensors. Any violation of this Section constitutes a material breach and may result in immediate suspension or termination of access, without refund, in addition to all remedies available at law or in equity.
7. DATA OWNERSHIP, PRIVACY, AND SECURITY
You retain ownership of all content and data you upload to the platform, including rental records, renter information, documents, and fleet details ("Client Data").
By using the Platform, you grant 1Now a limited, non-exclusive license to host, process, analyze, and transmit Client Data solely as necessary to:
• Provide the services
• Support your account
• Comply with legal obligations
• Improve the platform
1Now will collect, process, and store Client Data in accordance with applicable data protection laws, including the California Consumer Privacy Act (CCPA), the California Privacy Rights Act (CPRA), and, where applicable, the EU General Data Protection Regulation (GDPR).
Our data practices are further described in our Privacy Policy and, if applicable, governed by a separate Data Processing Agreement (DPA).
1Now shall implement reasonable administrative, technical, and organizational measures designed to protect Client Data against unauthorized access, loss, or disclosure. In the event of a confirmed data breach affecting Client Data stored on the Platform, 1Now will notify you without undue delay in accordance with applicable law.
You acknowledge that 1Now may use aggregated, anonymized data derived from client data for analytics, benchmarking, and product improvements, provided such data does not identify you or any individual.
If you access, import, or otherwise interact with renter data obtained from a third-party platform (e.g., Turo), you represent and warrant that such use is permitted under the applicable terms and privacy policies of that platform.
1Now disclaims all liability for your handling of renter data obtained through third-party channels, including any unauthorized use, marketing, or communications that may breach the terms of such platforms.
You are responsible for complying with all applicable privacy laws in connection with your use of the platform, including any notice obligations to your end users in the event of a breach affecting your systems, accounts, or integrations. 1Now disclaims responsibility for the privacy and security practices of any third-party services.
7A. DATA FLOWS AND RELIANCE
Client authorizes 1Now to transmit Client Data and renter data to Third-Party Services to the extent enabled or directed by Client through the Platform. 1Now does not independently audit, monitor, or verify the accuracy, sufficiency, or completeness of data received from or transmitted to Third-Party Services. All risk of reliance on any outputs, determinations, or information generated by Third-Party Services or Insurance Features rests solely with Client, including any business, legal, or operational consequences arising from such reliance.
7B. BIOMETRIC AND SENSITIVE DATA
1Now does not collect or store biometric identifiers by default. If Client routes biometric or sensitive data (such as selfies, ID images, or government identifiers) through approved Third-Party Services, Client is solely responsible for providing all legally required notices and consents, and for complying with applicable retention and deletion rules (e.g., Illinois BIPA, CPRA). 1Now is not a biometric data collector and disclaims all liability for such data. Client shall indemnify and hold harmless 1Now from any claims arising out of biometric or sensitive data use.
7C. PROHIBITED DATA CATEGORIES
Client shall not upload, transmit, or store the following data in the Platform: (i) protected health information (PHI) as defined by HIPAA; (ii) raw cardholder data or payment credentials, which must be processed only through PCI-validated processors such as Stripe or Square; and (iii) full Social Security numbers or comparable government identifiers, except through an expressly approved and compliant integration. 1Now is not a HIPAA Business Associate and will not execute Business Associate Agreements. Any breach of this Section may result in immediate suspension and Client’s responsibility for related remediation costs, claims, or penalties.
7D. GOVERNMENT AND LAW-ENFORCEMENT REQUESTS
1Now may disclose Client Data or renter data when required to do so by law, regulation, legal process, or governmental request. Where legally permitted, 1Now will provide Client with prompt notice of the request so that Client may seek protective measures. 1Now will disclose only the minimum data reasonably required and will assess emergency disclosure requests under applicable law.
8. Intellectual Property and License Grant
All rights, title, and interest in and to the platform, including all software, code, technology, content, design elements, trademarks, and any related intellectual property rights, are and shall remain the exclusive property of 1Now and its licensors. No ownership rights are transferred to you under these terms. You acknowledge that your access to and use of the Platform is licensed, not sold.
Subject to your compliance with these Terms, 1Now grants you a limited, non-exclusive, nontransferable, and revocable license to access and use the Platform solely for your internal business operations. You may not sublicense, sell, resell, distribute, modify, copy, create derivative works based on, or otherwise commercially exploit the Platform, nor use the Platform to build or offer a competing product or service. Client may not remove, obscure, or alter any 1Now branding or present the Platform as its own product, and the Platform may not be white-labeled, rebranded, or sublicensed to third parties under Client’s name or branding.
All rights not expressly granted to you under these terms are reserved by 1Now and its licensors. Any feedback, suggestions, or improvements you provide regarding the platform may be used by 1Now without restriction, and you assign all rights in such feedback to 1Now.
9. AFFILIATE PARTNERS, LEADS AND NONCIRCUMVENTION
1Now may engage third-party affiliates, partners, or agents to generate leads or refer clients under performance-based arrangements. You acknowledge that such affiliates are independent entities and not employees, agents, or representatives of 1Now. 1Now disclaims all liability for any representations, warranties, or conduct of its affiliates.
You agree not to circumvent, bypass, or interfere with 1Now’s relationships with its affiliates, leads, or partners introduced through the Platform, including by entering into direct business relationships for the purpose of avoiding fees or obligations owed to 1Now. Such circumvention shall constitute a material breach of these Terms, and 1Now reserves the right to suspend or terminate your access to the Platform in such cases.
10. Warranty Disclaimer – Software Provided ‘AS IS’
THE SERVICE, DOCUMENTATION, AND ALL RELATED CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, 1NOW AND ITS AFFILIATES, LICENSORS, AND SUPPLIERS DISCLAIM ALL WARRANTIES (EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE), INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE.
1NOW DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICE WILL MEET CLIENT’S REQUIREMENTS OR ACHIEVE ANY PARTICULAR RESULTS, OR THAT DATA, OUTPUTS, OR CONTENT ARE ACCURATE, COMPLETE, CURRENT, RELIABLE, OR FREE OF HARMFUL COMPONENTS.
WITHOUT LIMITING THE FOREGOING, 1NOW EXPRESSLY DISCLAIMS ANY RESPONSIBILITY FOR OUTCOMES, DETERMINATIONS, OR PAYMENTS MADE BY THIRD-PARTY SERVICES OR INSURERS.
NO INFORMATION OR ADVICE, WHETHER ORAL OR WRITTEN, OBTAINED FROM 1NOW OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
BETA, PREVIEW, OR EVALUATION FEATURES ARE PROVIDED “AS IS,” WITH NO WARRANTIES OR COMMITMENTS, AND MAY BE MODIFIED, SUSPENDED, OR DISCONTINUED AT ANY TIME WITHOUT NOTICE.
11. LIMITATION OF LIABILITY
(a) No Consequential Damages. To the maximum extent permitted by law, 1Now shall not be liable for any indirect, incidental, special, exemplary, punitive, or consequential damages, including without limitation lost profits, loss of revenue, loss of goodwill, data loss, or business interruption, even if 1Now has been advised of the possibility of such damages and regardless of the legal theory.
(b) Cap on Liability. 1Now’s total aggregate liability for all claims arising out of or related to these Terms or the Platform shall not exceed the amounts actually paid by Client to 1Now for the Service in the twelve (12) months immediately preceding the event giving rise to liability.
(c) Specific Exclusions. Without limiting the foregoing, 1Now shall have no liability for:
i. any insurance coverage determinations, claim denials, or related disputes;
ii. any failure, delay, error, or non-performance by a Third-Party Service; or
iii. any losses or claims associated with Client’s rental or operation of Client Vehicles.
This exclusion does not apply to the extent such limitation would be prohibited under applicable law in cases of 1Now’s willful misconduct.
(d) Essential Purpose. The limitations set forth in this Section shall apply notwithstanding any failure of essential purpose of any limited remedy.
(e) Class Action Waiver. Client waives any right to participate in any class action, collective action, or representative proceeding against 1Now.
(f) Jurisdictional Limits. Some jurisdictions do not allow the exclusion or limitation of certain damages; in such cases, these limitations shall apply only to the maximum extent permitted by law.
11A. SOFTWARE FUNCTIONALITY AND CLIENT RESPONSIBILITY
1Now makes commercially reasonable efforts to test and maintain the functionality of the platform. The Platform is provided “as is.” No performance guarantees are made.
You acknowledge that it is your sole responsibility to:
• Validate Platform outputs, including pricing, availability, and booking records;
• Ensure legal and regulatory compliance of your rental operations;
• Monitor and verify all renter communications, payment processing, and contract generation.
1Now disclaims all liability arising from client-side misconfigurations, failures of third-party services or integrations, or any misuse of the Platform.
1Now will use commercially reasonable efforts to maintain 99.9% uptime monthly, excluding planned maintenance, force majeure events, and third-party outages. Support inquiries will be addressed in a timely manner. No specific remedies apply unless agreed in writing.
12. ALLOCATION OF RISK – INDEMNIFICATION
(a) Client Indemnity. Client shall defend, indemnify, and hold harmless 1Now, its affiliates, and their respective officers, directors, employees, and agents from and against any and all claims, damages, losses, liabilities, penalties, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to:
i Client’s use of the Platform, Third-Party Services, or Insurance Features;
ii Failure of any insurance to incept, remain in force, or respond to a claim;
iii Denial, limitation, or delay of coverage, claims, or payments by any insurer or Third-Party Service;
iv Rentals or operation of Client Vehicles, including claims for bodily injury, property damage, loss-of-use, diminution of value, towing or storage charges, administrative fees, negligent entrustment, negligent maintenance, or alleged statutory or regulatory violations;
v Client’s breach of these Terms or of any applicable third-party terms.
(b) Exclusions. The foregoing indemnity does not require Client to indemnify 1Now for 1Now’s willful misconduct, to the extent such indemnification would be prohibited under applicable law.
12A. CONFIDENTIALITY
Each party (“Receiving Party”) agrees to keep confidential and not disclose to any third party any non-public, confidential, or proprietary information disclosed by the other party (“Disclosing Party”) in connection with these Terms (“Confidential Information”), whether in oral, written, or electronic form.
Confidential information includes technical data, business strategies, pricing, product designs, and any information marked or reasonably understood to be confidential. It does not include information that that:
- was lawfully known to the receiving party without restriction before disclosure,
- becomes publicly available without breach of these Terms,
- is independently developed by the receiving party without use of confidential information, or
- is disclosed pursuant to a legal obligation, provided reasonable notice is given.
The receiving party agrees to use confidential information only as necessary to perform its obligations under these terms and to protect it with at least the same degree of care it uses to protect its own confidential information, but not less than a reasonable standard.
These confidentiality obligations will survive for two (2) years following termination of the Agreement.
12B. DMCA COMPLIANCE
If you believe any content hosted through the Platform infringes your copyright, you may submit a notice under the Digital Millennium Copyright Act (DMCA) to: [email protected]. 1Now will respond to valid DMCA takedown requests and may remove infringing content or suspend access in accordance with applicable law. Repeat infringers may be terminated.
12C. SURVIVAL
The following provisions shall survive any termination or expiration of this Agreement: Sections 4 (Subscription, Billing, and Auto-Renewal), 5 (Third-Party Integrations and Disclaimers), 6 (Platform Usage and Prohibited Conduct, including 6B–6C), 7 (Data Ownership, Privacy, and Security, including 7B–7E), 8 (Intellectual Property and License Grant), 12A (Confidentiality), 10 (Warranty Disclaimer), 11 (Limitation of Liability), 12 (Indemnification), 14 (Governing Law and Jurisdiction), 15 (Dispute Resolution), and any other provisions which by their nature are intended to survive.
13. TERMINATION AND DATA RETENTION
1Now may suspend or terminate your access to the Platform immediately upon notice if you materially breach these terms, engage in unlawful or abusive behavior, or if continued access poses legal or reputational risk to 1Now. Upon termination, your right to use the Platform shall cease immediately, and no refunds will be issued.
You may terminate your Subscription at any time by cancelling through the Platform or providing written notice, in which case access will end at the conclusion of the current billing cycle.
Client data stored on the Platform may be permanently deleted after thirty (30) days following termination, unless a longer retention period is required by applicable law. You are responsible for exporting your client data prior to termination.
Notwithstanding the foregoing, 1Now may retain and use anonymized, aggregated data derived from Client Data for analytics, product development, and improvement purposes, provided that such data does not identify you or any individual.
Sections relating to payment obligations, confidentiality, intellectual property, and limitation of liability shall survive termination.
13A. Right to Remedy
Before initiating any legal, administrative, or payment-related action based on an alleged failure or issue with the Platform, you agree to provide 1Now with written notice describing the issue in reasonable detail. 1Now shall have a minimum of thirty (30) days from the date of such notice to investigate and, if applicable, cure the issue.
During this period, you agree not to initiate chargebacks, seek third-party remedies, or terminate your agreement based on the alleged issue, unless 1Now fails to make a good faith effort to resolve the matter. 1Now’s reasonable actions to investigate and address the issue shall constitute a good faith effort for purposes of this Section.
14. GOVERNING LAW AND JURISDICTION
These terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law provisions. You agree that any legal suit, action, or proceeding arising out of or relating to these Terms or your use of the Platform shall be instituted exclusively in the state or federal courts located in Delaware. You hereby waive any objection to such jurisdiction and venue, including objections based on inconvenient forum.
15. DISPUTE RESOLUTION
In the event of any dispute, claim, or controversy arising out of or relating to these Terms or your use of the Platform ("Dispute"), the parties shall first attempt to resolve the Dispute through good faith negotiations. If the dispute is not resolved within thirty (30) days of written notice, the parties agree to submit the dispute to non-binding mediation before a mutually agreed-upon mediator located in the State of Delaware.
If mediation is unsuccessful, the dispute shall be finally resolved by binding arbitration administered by a mutually agreed-upon arbitration provider, conducted in Delaware in accordance with its applicable rules. The arbitration shall be conducted in English, and judgment on the award may be entered in any court of competent jurisdiction.
Each party shall bear its own attorneys’ fees and costs, and the parties shall share equally the fees and expenses of the mediator and arbitrator unless otherwise determined in the arbitration. Nothing in this section precludes either party from seeking interim or injunctive relief in a court of competent jurisdiction to prevent immediate and irreparable harm. Each party knowingly and voluntarily waives its right to a trial by jury in any legal proceeding arising out of or relating to these Terms.
Nothing in this Section limits 1Now’s right to seek immediate equitable or injunctive relief in a court of competent jurisdiction, including to prevent misuse of intellectual property, branding, or confidential information.
16. MODIFICATIONS
1Now may revise these Terms at any time by posting an updated version. Material changes will be communicated via email or within the platform. Your continued use of the Platform after changes become effective constitutes your agreement to the updated terms.
Material changes will be communicated via email or within the Platform at least seven (7) days in advance, unless required sooner by law or regulatory changes.
17. FORCE MAJEURE
1Now shall not be liable for any failure or delay in performance of its obligations under these Terms to the extent caused by circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, pandemics, epidemics, war, terrorism, labor disputes, utility or telecommunication failures, internet outages, regulatory actions, acts of civil or military authorities, or other similar events.
Performance shall be excused for the duration of the Force Majeure event and for a reasonable period thereafter to allow for recovery.
18. DEFINITIONS
2.1 Client" means the individual or entity that registers for, accesses, or uses the Platform pursuant to these Terms, and is responsible for all Users acting on its behalf.
2.2 "User" means any individual authorized by Client to access or use the Platform on Client’s behalf.
2.3 "Platform" means the 1Now proprietary software-as-a-service system, including applications, interfaces, APIs, tools, integrations, and related services.
2.4 "Service" means the provision of access to the Platform and related support services provided by 1Now under these Terms.
2.5 "Client Data" means all data, content, and information uploaded, submitted, or transmitted by Client or its Users to the Platform, including but not limited to rental records, renter information, vehicle details, documents, and communications.
2.6 "Third-Party Services" means any products, services, or integrations operated by entities other than 1Now, which may interact with or be accessible via the Platform, including by way of example payment processors (e.g., Stripe, Square), identity-verification providers (e.g., Vouched, Identity), insurance intermediaries or data/verification providers (e.g., Bonzah, Canopy Connect), and other external service providers.
2.7 "Documentation" means any user manuals, onboarding guides, API documentation, or other technical materials provided by 1Now in connection with the Platform.
2.8 "Terms" means these Terms of Service, including any updates communicated to Client as provided herein.
2.9 “Insurance Features” means any features of the Service that facilitate the Client’s access to, or use of, Third-Party Services relating to insurance, insurance verification, identity verification, underwriting inputs, claims, or similar functionality.
2.10 “Client Vehicles” means vehicles owned, leased, managed, or otherwise made available by Client.
19. MISCELLANEOUS
These Terms constitute the entire agreement between you and 1Now and supersede all prior agreements (if any). If any provision is found unenforceable, the remaining terms will remain in effect. You may not assign these Terms without 1Now’s written consent. 1Now may assign its rights without restriction.
These Terms do not create any agency, partnership, or employment relationship. 1Now’s failure to enforce any part of these Terms does not waive its rights.
19A. U.S. Use and Export Controls
The Platform is controlled and operated from the United States and is intended for use by U.S.-based clients only. You agree to comply with all applicable U.S. export control laws and regulations. You may not access or use the Platform if you are located in a country subject to U.S. sanctions or are listed on any U.S. government restricted parties list.
19B. Open-Source Software
The Platform may include open-source components licensed under separate terms. To the extent required, Client’s rights and obligations with respect to such components are governed by their applicable licenses. An inventory of open-source components is available upon request.
20. NON-RELIANCE
Client acknowledges and agrees that it has not relied on, and is not relying on, any representations, warranties, statements, or promises not expressly set forth in this Agreement, including without limitation any statements made in public materials, sales discussions, demonstrations, product roadmaps, estimates, or forecasts.
21. CONTACT INFORMATION
- For legal or compliance inquiries, please contact: [email protected]
- For security-related inquiries or to report a potential vulnerability, please contact: [email protected]
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