Terms and Conditions

End User License Agreement

Last updated May 05, 2024

By downloading the Application from the Apple App Store and Google Play, and any update thereto as permitted by this Agreement, you indicate that you agree to be bound by all of the terms and conditions of this Agreement and that you accept this Agreement.

The parties of this License Agreement acknowledge that Apple and or Google Play is not a party to this Agreement and is not bound by any provisions or obligations with regard to the Application, such as warranty, liability, maintenance and support thereof. SOTE, not Apple or Google Play, is solely responsible for the Application and the content thereof.

This Agreement may not provide for usage rules for the Application that are in conflict with the latest App Store Terms of Service. SOTE acknowledges that it had the opportunity to review said terms and this License Agreement is not conflicting with them.

All rights not expressly granted to you are reserved.

1. The Application

SOTE, hereinafter the Application, is a piece of software and rideshare platform customized for Apple and Android mobile devices. It is used for connecting riders to drivers to get from point A to B by the push of a button.

2. Scope of License

2.1 You are given a non-transferable, non-exclusive, non-sublicensable license to install and use the Application on any Apple-branded or Google products that you own or control and as permitted by the Usage Rules set forth in this section and the App Store Terms of Service, with the exception that such licensed Application may be accessed and used by other accounts associated with you via Family Sharing or volume purchasing.

2.2 This license will also govern any updates of the Application provided by Licensor that replace, repair or supplement the first Application, unless a separate license is provided for such update, in which case the terms of that new license will govern.

2.3 You may not share or make the Application available to third parties, unless to the degree allowed by Apple terms and conditions and with prior written consent from SOTE, nor may you sell, rent, lend, lease or otherwise redistribute the Application.

2.4 You may not reverse engineer, translate, disassemble, decompile, remove, modify, combine, create derivative works or updates of, adapt, or attempt to derive the source code of the Application or any part thereof, except with prior written consent from SOTE.

2.5 You may not copy, except when expressly authorized by this license and the Usage Rules, or alter the Application or portions thereof. You may create and store copies only on devices that you own or control for backup keeping under the terms of this license, the App Store Terms of Service and any other terms and conditions that apply to the device or software used. You may not remove any intellectual property notices, and you acknowledge that no unauthorized third parties may gain access to these copies at any time.

2.6 Violations of the obligations mentioned above, as well as attempts of such infringement, may be subject to prosecution and damages.

2.7 Licensor reserves the right to modify the terms and conditions of licensing.

2.8 Nothing in this license should be interpreted to restrict third-party terms. When using the Application, you must ensure that you comply with applicable third-party terms and conditions.

3. Technical Requirements

3.1 Licensor attempts to keep the Application updated so that it complies with modified or new versions of firmware and new hardware. You are not granted rights to claim such an update.

3.2 You acknowledge that it is your responsibility to confirm and determine that the end-user device on which you intend to use the Application satisfies the relevant technical specifications.

3.3 Licensor reserves the right to modify technical specifications as it sees appropriate at any time.

4. Maintenance and Support

4.1 The Licensor is solely responsible for providing any maintenance and support services for this licensed Application. You can reach the Licensor at the email address listed on the website.

4.2 SOTE and the End-User acknowledge that Apple and or Google Play has no obligation whatsoever to furnish any maintenance and support services with respect to the licensed Application.

5. Use of Data

You acknowledge that Licensor will be able to access and adjust your downloaded licensed Application content and your personal information, and that Licensor's use of such material and information is subject to your legal agreements with Licensor and Licensor's privacy policy: Privacy Policy.

6. User Generated Contributions

The Application may invite you to chat, contribute to, or participate in blogs, message boards, online forums and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute or broadcast content and materials to us or in the Application, including text, writings, video, audio, photographs, graphics, comments, suggestions, personal information or other material, collectively Contributions. Contributions may be viewable by other users of the Application and through third-party websites or applications. Any Contributions you transmit may therefore be treated as non-confidential and non-proprietary.

When you create or make available any Contributions, you thereby represent and warrant that:

1. The creation, distribution, transmission, public display, performance, accessing, downloading or copying of your Contributions does not and will not infringe the proprietary rights of any third party, including copyright, patent, trademark, trade secret or moral rights.
2. You are the creator and owner of, or have the necessary licenses, rights, consents, releases and permissions to use and authorize us, the Application and other users of the Application to use your Contributions in any manner contemplated by the Application and these Terms of Use.
3. You have the written consent, release or permission of every identifiable individual person in your Contributions to use the name or likeness of each such person as contemplated by the Application and these Terms of Use.
4. Your Contributions are not false, inaccurate or misleading.
5. Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings or other forms of solicitation.
6. Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous or otherwise objectionable.
7. Your Contributions do not ridicule, mock, disparage, intimidate or abuse anyone.
8. Your Contributions are not used to harass or threaten any other person or promote violence against a specific person or class of people.
9. Your Contributions do not violate any applicable law, regulation or rule.
10. Your Contributions do not violate the privacy or publicity rights of any third party.
11. Your Contributions do not contain material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner.
12. Your Contributions do not violate any applicable law concerning child pornography or otherwise intended to protect the health or well-being of minors.
13. Your Contributions do not include offensive comments connected to race, national origin, gender, sexual preference or physical handicap.
14. Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms of Use or any applicable law or regulation.

Any use of the Application in violation of the foregoing violates these Terms of Use and may result in termination or suspension of your rights to use the Application.

7. Contribution License

By posting your Contributions to any part of the Application or making Contributions accessible to the Application by linking your account from the Application to any social networking account, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully paid, worldwide right and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly display, reformat, translate, transmit, excerpt and distribute such Contributions, including your image and voice, for any purpose, commercial advertising or otherwise, and to prepare derivative works of, or incorporate in other works, such Contributions and grant and authorize sublicenses of the foregoing.

This license applies to any form, media or technology now known or later developed and includes our use of your name, company name, franchise name, trademarks, service marks, trade names, logos and personal and commercial images you provide. You waive all moral rights in your Contributions and warrant that moral rights have not otherwise been asserted in them.

We do not assert ownership over your Contributions. You retain full ownership of your Contributions and any associated intellectual property rights or other proprietary rights. We are not liable for any statements or representations in your Contributions provided by you in any area of the Application. You are solely responsible for your Contributions and expressly agree to exonerate us from all responsibility and refrain from legal action against us regarding your Contributions.

We have the right, in our sole and absolute discretion, to edit, redact or otherwise change any Contributions, to recategorize any Contributions to place them in more appropriate locations in the Application, and to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.

8. Liability

8.1 Licensor's responsibility in the case of violation of obligations and tort shall be limited to intent and gross negligence. Only in the case of a breach of essential contractual duties, cardinal obligations, shall Licensor also be liable in the case of slight negligence. In any case, liability shall be limited to foreseeable, contractually typical damages. The limitation mentioned above does not apply to injuries to life, limb or health.

8.2 Licensor takes no accountability or responsibility for damages caused due to a breach of duties according to Section 2 of this Agreement. To avoid data loss, you are required to use backup functions of the Application to the extent allowed by applicable third-party terms and conditions of use. You are aware that in case of alterations or manipulations of the Application, you will not have access to the licensed Application.

9. Warranty

9.1 Licensor warrants that the Application is free of spyware, trojan horses, viruses or other malware at the time of your download. Licensor warrants that the Application works as described in the user documentation.

9.2 No warranty is provided for the Application that is not executable on the device, has been unauthorizedly modified, handled inappropriately or culpably, combined or installed with inappropriate hardware or software, used with inappropriate accessories, regardless of whether by you or third parties, or affected by other reasons outside of SOTE, LLC's sphere of influence.

9.3 You are required to inspect the Application immediately after installing it and notify SOTE about issues discovered without delay by email provided in Product Claims. The defect report will be taken into consideration and further investigated if it is sent within ninety days after discovery.

9.4 If we confirm that the Application is defective, SOTE reserves the choice to remedy the situation either by solving the defect or by substitute delivery.

9.5 In the event of any failure of the Application to conform to any applicable warranty, you may notify the App-Store-Operator, and your Application purchase price will be refunded to you. To the maximum extent permitted by applicable law, the App-Store-Operator will have no other warranty obligation whatsoever with respect to the App, and any other losses, claims, damages, liabilities, expenses and costs attributable to any negligence to adhere to any warranty.

9.6 If the user is an entrepreneur, any claim based on faults expires after a statutory limitation period of twelve months after the Application was made available to the user. Statutory periods of limitation given by law apply for users who are consumers.

10. Product Claims

SOTE and the End-User acknowledge that SOTE, and not Apple, is responsible for addressing any claims of the End-User or any third party relating to the licensed Application or the End-User's possession and or use of that licensed Application, including but not limited to product liability claims, claims that the licensed Application fails to conform to any applicable legal or regulatory requirement, and claims arising under consumer protection, privacy or similar legislation, including in connection with your licensed Application's use.

11. Legal Compliance

Privacy Policy

The Scope of This Policy

This policy applies to all SOTE users, including Riders and Drivers, including Driver applicants, and to all SOTE platforms and services, including our apps, websites, features and other services, collectively the SOTE Platform. Please remember that your use of the SOTE Platform is also subject to our Terms of Service.

The Information We Collect

When you use the SOTE Platform, we collect the information you provide, usage information and information about your device. We also collect information about you from other sources like third-party services and optional programs in which you participate, which we may combine with other information we have about you.

A. Information You Provide to Us

Account Registration. When you create an account with SOTE, we collect information such as your name, email address, phone number and payment information. You may choose to share additional info for your Rider profile, like your photo or saved addresses and set up other preferences such as preferred pronouns.

Driver Information. If you apply to be a Driver, we collect information from your application, including your name, email address, phone number, birth date, profile photo, physical address, government identification number, driver's license information, vehicle information and car insurance information. We also collect payment information, including bank routing numbers and tax information. Depending on where you want to drive, we may ask for additional business license, permit or other program-relevant information. We may also request additional information after you become a Driver, including identity confirmation information such as a photo.

SOS Contact Information. We will collect contact-list permission to list contacts while adding SOS contacts for the user and driver app.

Ratings and Feedback. When you rate and provide feedback about Riders or Drivers, we collect all information you provide in your feedback.

Communications. When you contact us or we contact you, we collect any information that you provide, including contents of messages or attachments you send us.

B. Information We Collect When You Use the SOTE Platform

Location Information. Great rides start with an easy and accurate pickup. The SOTE Platform collects location information, including GPS and WiFi data, differently depending on your app settings and device permissions as well as whether you are using the platform as a Rider or Driver.

• Riders: We collect your device's precise location when you open and use the SOTE app, including while the app is running in the background from the time you request a ride until it ends. SOTE also tracks the precise location of scooters and e-bikes at all times.
• Drivers: We collect your device's precise location when you open and use the app, including while the app is running in the background when it is in driver mode. We also collect precise location for a limited time after you exit driver mode in order to detect ride incidents and continue collecting it until a reported or detected incident is no longer active.

Usage Information. We collect information about your use of the SOTE Platform, including ride information like date, time, destination, distance, route, payment and whether you used a promotional or referral code. We also collect information about your interactions with the SOTE Platform, including pages and content viewed and the dates and times of use.

Device Information. We collect information about the devices you use to access the SOTE Platform, including device model, IP address, browser type, operating system version, carrier and manufacturer identity, radio type, preferences and settings, application installations, device identifiers, advertising identifiers and push notification tokens. If you are a Driver, we also collect mobile sensor data from your device such as speed, direction, height, acceleration, deceleration and other technical data.

Communications Between Riders and Drivers. We work with a third party to facilitate phone calls and text messages between Riders and Drivers without sharing either party's actual phone number with the other. While using that service, we collect information about those communications, including participants' phone numbers, date and time and the contents of SMS messages. For security purposes, we may also monitor or record the contents of phone calls made through the SOTE Platform, but we will always let you know before the call begins.

Address Book Contacts. You may grant SOTE access to your contact lists and direct SOTE to access your contact list, for example to help you refer friends to SOTE. If you do this, we will access and store the names and contact information of people in your address book.

Cookies, Analytics, and Third-Party Technologies. We collect information through cookies, tracking pixels, analytics tools like Google Analytics, SDKs and other third-party technologies to understand how you navigate through the SOTE Platform and interact with SOTE advertisements, to make your experience safer, to learn what content is popular, to improve your site experience, to serve better ads on other sites and to save your preferences. Cookies are small text files placed on your device. We may use both session cookies and persistent cookies. You should consult your browser settings to modify cookie settings. If you delete or choose not to accept cookies from us, you may miss certain features of the SOTE Platform.

C. Information We Collect from Third Parties

Third-Party Services. Third-party services provide us with information needed for core aspects of the SOTE Platform and for additional services, programs, loyalty benefits and promotions that can enhance your SOTE experience. These third-party services include background check providers, insurance partners, financial service providers, marketing providers and other businesses. We obtain information such as background check information, insurance, payment, transaction and fraud-detection information, information related to loyalty or linked applications and demographic or market-segment information.

Enterprise Programs. If you use SOTE through your employer or another organization participating in a SOTE Business enterprise program, we may collect information about you from that party, such as your name and contact information.

Concierge Service. Sometimes another business or entity may order you a SOTE ride. If an organization has ordered a ride for you using Concierge service, it may provide your contact information and ride pickup and drop-off location.

Referral Programs. If someone refers you to SOTE, we may collect information about you from that referral, including your name and contact information.

Other Users and Sources. Other users or public or third-party sources such as law enforcement, insurers, media or pedestrians may provide us information about you, for example as part of an investigation into an incident or to provide support.

How We Use Your Information

We use your personal information to provide the SOTE Platform, maintain the security and safety of the SOTE Platform and its users, build and maintain the SOTE community, provide customer support, improve the SOTE Platform and respond to legal proceedings and obligations.

• Providing the SOTE Platform: We use your personal information to verify identity, maintain your account, settings and preferences, connect you to rides and track progress, calculate prices and process payments, enable Riders and Drivers to connect regarding rides, communicate with you, collect feedback, facilitate additional services and operate promotions.
• Maintaining security and safety: We use personal information to authenticate users, verify that Drivers and vehicles meet safety requirements, investigate and resolve incidents, accidents and insurance claims, encourage safe driving behavior, prevent fraud and block unsafe or fraudulent users from the platform.
• Building and maintaining the SOTE community: We use personal information to communicate about events, promotions, elections and campaigns, personalize content and advertising and help facilitate donations made through the platform.
• Providing customer support: We use personal information to investigate and assist with resolving questions or issues regarding the SOTE Platform and to provide support or respond to you.
• Improving the SOTE Platform: We use personal information to perform research, testing and analysis, develop new products, features, partnerships and services, find and resolve software or hardware bugs and improve operations, processes, algorithms and security practices.
• Responding to legal proceedings and requirements: We may use personal information to respond to demands or obligations imposed by law, government entities or regulatory bodies.

How We Share Your Information

We do not sell your personal information. To make the SOTE Platform work, we may need to share your personal information with other users, third parties and service providers.

A. Sharing Between SOTE Users. We may share rider and driver information necessary to fulfill ride requests, including rider pickup location, name, profile photo, rating, certain rider statistics and ride details, and driver name, profile photo, preferred pronouns, rating, real-time location, vehicle details and profile information. We do not share your actual phone number with other users except in limited consent-based lost and found circumstances. For shared rides, riders may also see each other's name, profile picture and route details. If a ride is requested or paid for by others, we may share related ride details with that party. Referral program participants may receive certain referral-related information.

B. Sharing With Third-Party Service Providers for Business Purposes. Depending on whether you are a Rider or Driver, SOTE may share categories of personal information including identifiers, financial information, commercial information, internet or electronic network activity information and location data with service providers to maintain and service accounts, process rides, provide customer service, process transactions and applications, verify identity, detect fraud, process insurance claims, provide promotional programs, deliver marketing, financing, emergency services, analytics and internal research.

C. For Legal Reasons and to Protect the SOTE Platform. We may share information to comply with applicable law, legal process, enforce Terms of Service, cooperate with law enforcement where we reasonably believe conduct may violate law, or exercise or defend legal claims and protect rights, property, interests or safety.

D. In Connection with Sale or Merger. We may share personal information while negotiating or in relation to a change of corporate control such as restructuring, merger or sale of assets.

E. Upon Your Further Direction. With your permission or upon your direction, we may disclose your personal information to interact with a third party or for other purposes.

How We Store and Protect Your Information

We retain your information for as long as necessary to provide the SOTE Platform. Profile information is generally kept while you maintain an account. Transactional information such as rides and payments may be retained for at least seven years to allow us to perform legitimate business functions such as accounting for tax obligations. If you request account deletion, we may still retain certain information for legitimate business purposes or legal and regulatory obligations. We take reasonable and appropriate measures designed to protect your personal information, but no security measures can be 100 percent effective, and we cannot guarantee the security of your information.

Your Rights and Choices Regarding Your Data

SOTE provides ways for you to access and delete personal information and to exercise other data rights that give you certain control over your personal information.

A. All Users. You can unsubscribe from commercial or promotional emails, opt out of promotional text messages and push notifications, review and edit certain profile information, change location permissions, modify browser cookie settings and request account deletion. Note that certain opt-outs may impact your use of the SOTE Platform.

Right to Know. You have the right to know and see what data we have collected about you, including categories of personal information collected, categories of sources, the business or commercial purpose for collection, categories of third parties with whom we have shared the information and the specific pieces of personal information collected.

Right to Delete. You have the right to request deletion of personal information collected from you and direct service providers to do the same, subject to exceptions such as completing your transaction, providing a good or service, performing a contract, protecting security, fixing a bug, protecting free-speech rights, engaging in qualifying public-interest research, complying with legal obligations or making other internal and lawful uses compatible with the context in which the information was provided.

Other Rights. You can request certain information about our disclosure of personal information to third parties for their own direct marketing purposes during the preceding calendar year. You also have the right not to be discriminated against for exercising listed rights.

Website and Email Webform. You may visit our privacy homepage to authenticate and exercise rights via our website. You may also write to us to exercise rights. To respond to some rights, we may need to verify your request by asking you to log in, authenticate your account or otherwise verify your identity. Authorized agents can make a request on your behalf if appropriate proof is provided. We aim to respond to a consumer request for access or deletion within 45 days and will inform you if more time is needed.

Children's Data

SOTE is not directed to children, and we do not knowingly collect personal information from children under the age of 13. If we find out that a child under 13 has given us personal information, we will take steps to delete that information. If you believe that a child under 13 has given us personal information, please contact us.

Links to Third-Party Websites

The SOTE Platform may contain links to third-party websites. Those websites may have privacy policies that differ from ours. We are not responsible for those websites, and we recommend that you review their policies directly.

Changes to This Privacy Policy

We may update this policy from time to time as the SOTE Platform changes and privacy law evolves. If we make material changes, we will let you know through the SOTE Platform or by another method such as email. When you use SOTE, you are agreeing to the most recent terms of this policy.

Contact Us

If you have any questions or concerns about your privacy or anything in this policy, including if you need to access this policy in an alternative format, we encourage you to contact us.

12. Contact Information

For general inquiries, complaints, questions or claims concerning the licensed Application, please contact:

SOTE
support@sote.africa

13. Termination

The license is valid until terminated by SOTE or by you. Your rights under this license will terminate automatically and without notice from SOTE if you fail to adhere to any term or terms of this license. Upon license termination, you shall stop all use of the Application and destroy all copies, full or partial, of the Application.

14. Third-Party Terms of Agreements and Beneficiary

SOTE represents and warrants that SOTE will comply with applicable third-party terms of agreement when using the licensed Application.

In accordance with Section 9 of the Instructions for Minimum Terms of Developer's End-User License Agreement, Apple and Apple's subsidiaries shall be third-party beneficiaries of this End User License Agreement and, upon your acceptance of the terms and conditions of this license agreement, Apple will have the right, and will be deemed to have accepted the right, to enforce this End User License Agreement against you as a third-party beneficiary thereof.

15. Intellectual Property Rights

SOTE, LLC and the End-User acknowledge that, in the event of any third-party claim that the licensed Application or the End-User's possession and use of that licensed Application infringes on that third party's intellectual property rights, SOTE, and not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claims.

16. Applicable Law

This license agreement is governed by the laws of Kenya.

17. Miscellaneous

17.1 If any term of this Agreement should be or become invalid, the validity of the remaining provisions shall not be affected. Invalid terms will be replaced by valid ones formulated in a way that will achieve the primary purpose.

17.2 Collateral agreements, changes and amendments are only valid if laid down in writing. The preceding clause can only be waived in writing.