Last Updated: July 16, 2025
These Terms of Service and Use in the United States, together with the applicable Privacy Policy (collectively, the “Terms”), constitute a legally binding agreement between you (“you” or “your”) and Paxxy LLC, including its subsidiaries, representatives, affiliates, members, officers, and directors (collectively, “Paxxy,” “we,” “us,” or “our”), and govern your access to and use of our websites, applications (mobile, web, or desktop), and any other services offered by Paxxy (collectively, the “Platform”), including any associated content or functionality.
You must also review our Privacy Policy, the terms of which are expressly incorporated by reference into these Terms and form an integral part of this agreement.
PLEASE READ THESE TERMS CAREFULLY. THEY CONTAIN PROVISIONS REQUIRING THAT ALL DISPUTES BETWEEN YOU AND PAXXY BE RESOLVED EXCLUSIVELY THROUGH FINAL AND BINDING ARBITRATION AND THAT YOU WAIVE YOUR RIGHT TO PARTICIPATE IN ANY CLASS ACTION AGAINST PAXXY. THESE TERMS ALSO DETAIL THE DISPUTE RESOLUTION PROCESS.
BY USING THE PLATFORM, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO BE BOUND BY THESE TERMS IN FULL.
If you do not meet the eligibility requirements or do not accept these Terms, you are not authorized to access or use the Platform or Paxxy’s services. If you disagree with any portion of these Terms, you must not register, access, or use our services. These Terms specifically govern your access to and use of the Platform.
Your use of the Platform constitutes your full acceptance of these Terms.
Additionally, if you use the Platform as an affiliated driver providing transportation services, these Terms apply in conjunction with any other agreement or addendum entered into specifically for the provision of such services (such as a “Addendum for drivers”). In the event of a conflict between these Terms and a specific agreement, the specific agreement shall prevail solely with respect to the transportation services. However, any provisions of these Terms not expressly addressed in other agreements shall be deemed applicable and binding in your relationship with Paxxy.
Paxxy reserves the right to amend these Terms at any time without prior notice. We may update conditions, procedures, documentation, security standards, or withdraw components of the Platform at our sole discretion. Any changes will be posted on our website, sent via email, or communicated through the Platform, and shall become effective immediately upon posting. Continued use of the Platform after such changes constitutes your express acceptance of the revised Terms.
- Scope of Paxxy’s Services
Paxxy provides a technology-based private transportation intermediary platform designed to connect individuals seeking transportation to specific destinations (“Users” or “Riders”) with independent drivers registered in our network (“Independent Transportation Providers”).
Through our web and mobile application, Riders can input their current location and desired destination, and Paxxy facilitates the matching process with the closest available transportation provider at the time of the request (“Paxxy’s Services”).
By using the Platform, you authorize Paxxy to connect you with an Independent Transportation Provider.
In order to deliver timely and high-quality service, we must collect and process information such as your current location, requested pick-up point, estimated pick-up time, destination, any preferences you have provided, and other operational factors that Paxxy may define or adjust from time to time.
Any action you take on the Platform — including requesting, accepting, or canceling a ride — will be considered a decision made solely under your responsibility. You are solely responsible for initiating or canceling any ride requests using Paxxy’s Services.
Paxxy is not a transportation company and does not operate as a taxi service. We do not provide transportation services directly, nor do we require our Independent Transportation Providers to accept ride requests or compel Riders to accept ride offers. Whether a driver accepts a trip is entirely at their discretion. Likewise, Riders have the sole discretion to request, accept, or cancel any ride.
Accordingly, the Platform serves solely as a technological intermediary through which Users — drivers and riders — engage directly with one another. Paxxy does not exercise control over the quality, punctuality, or performance of transportation services provided by either party.
By using Paxxy’s Services, you acknowledge that you are solely responsible for your decision to participate in a transportation service, even if such service was arranged through the Platform.
- Age Requeriments and Legal Responsability
The use of Paxxy’s Services is permitted only for individuals who are 18 years of age or older and have full legal capacity to enter into binding agreements and accept these Terms in their entirety. Notwithstanding the foregoing, Riders — at their sole risk and discretion — may request a ride on behalf of a minor who is at least 13 years old but under 18, provided that both Paxxy and the Independent Transportation Providers reserve the right to decline service to anyone under 18 years of age.
In cases where the Rider is under 18 years of age, a parent or legal guardian must create the corresponding user account (as defined below) on their behalf, accepting these Terms and any additional conditions that may apply. The responsible adult agrees to explain and enforce these Terms to the minor and assumes full responsibility for the minor’s use of the Platform.
Paxxy may establish additional requirements and/or limitations for the use of its Services after registration or during active use. Any such changes will be communicated through the Platform. You are responsible for periodically reviewing these updates to ensure compliance with the most current conditions.
Lack of knowledge or failure to read these Terms will not constitute a valid excuse for non-compliance nor serve as a defense against their enforcement.
- User Accounts
To access the Paxxy Platform, you must register for and maintain an active user account (“User Account”). Only one account per person is permitted. You agree not to create multiple, duplicate, or alternative accounts using different names, aliases, email addresses, or phone numbers. If your account is suspended or deactivated, you are not authorized to create a new User Account. Paxxy reserves the right to deactivate any additional or duplicate accounts without prior notice.
As part of the registration process, Paxxy may require you to provide your full name, residential or business address, mobile phone number, email address, username, date of birth, at least one valid and authorized payment method, and a secure password. All personal information you provide will be handled in accordance with our Privacy Policy.
You agree to keep your information accurate, complete, and up to date at all times. You are also responsible for maintaining the confidentiality of your login credentials (username and password) and must not share them with third parties. If any of your information changes, you must notify Paxxy promptly.
If your account is suspended or deactivated, you may not use Paxxy’s Services for the duration specified in the notice of suspension or deactivation.
You may not assign or transfer your User Account to any other person. If a third party uses your account, you will be fully responsible for any resulting transactions or actions, unless there is verifiable evidence of unauthorized access or external intrusion. In such cases, Paxxy reserves the right, at its sole discretion, to determine whether to waive or uphold your responsibility.
In certain cases, Paxxy may require you to provide proof of age, identity, or other verification methods and reserves the right to deny access to the Platform or its Services if you fail to provide such verification or if the information does not match your registered User Account details.
If a User uses Paxxy’s Services for a trip that was initiated or billed by a third party (individual or business), that third party may receive detailed information about the trip, including pickup and drop-off locations, vehicle type, additional charges, cancellation or damage fees, driver feedback, and any incidents or accidents that occurred during the service. You expressly agree to this information sharing as a condition of using the Platform and waive any objection to such disclosures.
By registering a User Account, you agree to receive communications from Paxxy via the email address provided, SMS text messages to the registered phone number, or in-app notifications. If you wish to stop receiving promotional messages, you may opt out by contacting Paxxy.
You are responsible for obtaining the necessary data network or internet access to use the Services. Your mobile network provider may charge data or messaging fees. Additionally, you are responsible for ensuring your devices are compatible and up to date. Paxxy does not guarantee that the Platform will function properly on all hardware or operating systems. The Platform may occasionally experience delays or interruptions due to the nature of electronic communications, and Paxxy is not liable for any damages, losses, or disruptions resulting from such issues.
The Platform includes analytics software (“Analytics Code”) that allows Paxxy to collect, analyze, and aggregate user activity data. Paxxy retains full ownership of this Code, and nothing in these Terms shall be interpreted as a transfer or assignment of any intellectual property rights therein.
You grant Paxxy a worldwide, non-exclusive, perpetual, royalty-free license to:
- Collect and analyze information about your use of the Services;
- Generate statistics and produce reports using such data;
- Provide personalized recommendations and improvements based on your activities, preferences, and behavior within the Platform.
- Charges Related to Paxxy’s Services
The use of Paxxy’s Services to obtain transportation will generate charges that shall be borne exclusively by the User (Passenger). You expressly acknowledge that any service requested through the Platform involves mandatory charges, which may include, but are not limited to: transportation fares, tolls, applicable taxes, surcharges due to weather or operational conditions, vehicle damage caused by negligent or intentional conduct, and any tips you choose to give to the Independent Transportation Provider.
Paxxy reserves the exclusive right to review each transaction and unilaterally adjust the price or fare estimate, as deemed appropriate.
Paxxy’s pricing may vary based on the type of service requested, wait times, weather, traffic conditions, or other factors beyond Paxxy’s control. As the User, you are solely responsible for carefully reviewing the quoted prices before confirming a ride. You are fully responsible for all resulting charges, even if they were not previously known to you.
All payments must be made exclusively through the Paxxy Platform. Direct cash or alternative payments to the driver are strictly prohibited.
Cancellations
Passengers may cancel a ride request under the following conditions:
- If the cancellation is made more than 2 minutes before the driver arrives at the pickup location, no fee will apply.
- If the cancellation is made once the driver has arrived at the pickup location or within 2 minutes of their estimated arrival, a $4.50 cancellation fee will be charged.
- If the passenger fails to appear or does not use the requested ride, a no-show fee of $6.00 will apply.
Additional Charges
You are solely responsible for any additional fees incurred during the ride, including:
- Tolls
- Airport fees
- Congestion charges
- Parking fees
- Event surcharges
- Government-mandated fees
These “Additional Ride Costs” will be included in your final invoice. You agree that these charges may not be known at the time you request the ride, as they may arise from detours, route changes, or unforeseen circumstances.
Additionally, Paxxy will collect any applicable taxes in accordance with local laws when legally required.
Tip
At the end of a ride, you may voluntarily tip your driver either in cash or via the Platform. 100% of any tip you provide will be passed on to the Independent Transportation Provider.
Vehicle Damage
If you cause material damage to the vehicle or the driver’s property, Paxxy may charge you a repair or compensation fee. This amount will be determined by Paxxy based on the nature and severity of the damage. Paxxy may request proof to verify the damage prior to applying the fee, which will be automatically charged to the payment method linked to your account. This fee is non-refundable under any circumstances.
- Terms of Payment for Paxxy’s Services
Paxxy uses a third-party payment processor (the “Payment Processor”) to handle all transactions made by Users through its Platform. Currently, Stripe, Inc. (“Stripe”) is the designated Payment Processor for Paxxy.
By using Paxxy’s Services, you agree to be bound by the terms and conditions of the Payment Processor, which also apply to Independent Transportation Providers. These terms can be reviewed at: https://stripe.com/legal/ssa and may be updated at any time by Stripe.
Paxxy reserves the right to change its Payment Processor at any time, at its sole discretion, and without prior notice to the User.
Payment Information
When registering your payment method on the Platform, you agree to provide accurate and complete information, including:
- Card or account number
- Cardholder name
- Billing address
- Expiration date
- CVV code
- Relevant banking information (e.g., routing number, if applicable)
Verification and Authorizations
When adding a payment method, Paxxy may initiate a temporary authorization to verify your method of payment, ensure sufficient funds are available, and protect against unauthorized transactions.
These authorizations are not actual charges, although they may appear as “pending” transactions on your account statement. Typically, these amounts will be automatically reversed by your financial institution. However, it is your sole responsibility to maintain sufficient funds in your account to avoid overdraft fees or penalties.
Paxxy is not responsible for any fees, penalties, or charges applied by your financial institution as a result of such authorizations and cannot assist in recovering such amounts.
- User rating and reviews
Users (Riders) may rate and leave reviews about Paxxy’s Services and Independent Transportation Providers directly on the Platform. By doing so, Users agree that their feedback will be fair, respectful, not defamatory, not misleading, and free of offensive language or violations of any applicable laws.
Paxxy does not verify or guarantee the accuracy or truthfulness of ratings or reviews. Therefore, each User must use their own personal judgment when reading or considering such evaluations on the Platform.
Refund Policy
All charges processed by Paxxy are final and non-refundable, regardless of whether:
- The User did not complete the ride.
- The User was dissatisfied with the service received.
- There was any other reason beyond Paxxy’s control.
Promotional Codes
- Paxxy may occasionally offer promotional codes to its Users. These codes may only be used within the Platform and are non-transferable and not redeemable for cash, except as required by law.
- The sale or transfer of promotional codes to third parties is strictly prohibited.
- Multiple promotional codes may not be combined unless explicitly authorized by Paxxy.
- If the promotional code value exceeds the total cost of a ride, only the applicable ride amount will be discounted. Any remaining value of the code will not be carried over or refunded.
- Promotional codes cannot be applied to Additional Ride Costs such as tolls, airport fees, or municipal surcharges.
- Paxxy may set additional restrictions or conditions for the use of each promotional code, which will be detailed in the corresponding communication for each campaign or promotion.
- Feedback and Reporting of Violations
Both Riders and Independent Transportation Providers may report to Paxxy any alleged violation of these Terms that they believe is important to bring to our attention.
If you file a complaint or report with local, state, or federal authorities in connection with your use of Paxxy’s Services, Paxxy may request a copy of such report. However, you acknowledge that Paxxy is under no obligation to take action in response to any report received, unless legally required to do so under applicable law.
If your User Account is suspended or terminated due to a breach of these Terms, Paxxy may, at its sole discretion, remove or suspend any ratings or reviews you previously posted on the Platform.
- Riding in an Independent Transportation Provider’s Vehicle
During the entire ride — from the moment the Rider enters the vehicle until arrival at the destination and it is safe to exit — Users must properly wear their seatbelt and maintain safe and appropriate posture inside the vehicle. This includes, for example:
- Not extending arms, legs, or other body parts outside the windows.
- Keeping feet on the vehicle floor.
- Remaining seated in an upright position.
Failure to follow these safety guidelines means the User assumes full responsibility for any personal injury (physical or emotional), bodily harm, or property damage resulting from such conduct.
Passengers’ personal belongings must be securely stored inside the vehicle, following the Independent Transportation Provider’s instructions.
Transportation Restrictions
It is strictly prohibited to use Paxxy’s Services to transport:
- Illegal or hazardous materials.
- Furniture or large household items.
- Any item deemed inappropriate for transport at the sole discretion of the driver.
User Conduct
When using Paxxy’s Services, you agree to:
- Treat the driver with respect.
- Refrain from offensive language or inappropriate behavior, even if you believe it is justified.
- Not violate any law or regulation, including (but not limited to): carrying firearms, drugs or illegal substances, or contraband.
- Not smoke inside the vehicle.
- Avoid any conduct that may cause discomfort, harassment, or a sense of threat to others, regardless of your personal perception of its appropriateness.
Child Restraint Systems
Paxxy may offer, when available, a ride option that includes a child restraint system. However, neither Paxxy nor the driver is responsible for the safety of such equipment. The User is solely responsible for:
- Ensuring the system is properly installed.
- Making sure the child is securely fastened in the restraint.
You must review the applicable laws of the state in which you use the service regarding age, weight, and height requirements for mandatory child seat use, as well as any policies published by Paxxy on the Platform. Paxxy is not liable for any injury or incident related to the use of a child restraint system.
Pets
Users may request a ride option to bring a dog, cat, or other small domesticated pet, subject to approval by the driver and/or Paxxy.
- The animal must be securely restrained using a leash, harness, carrier, or appropriate method.
- The User is responsible for any mess or damage caused by the pet in the vehicle.
- Paxxy may charge for cleaning or repair based on the type and extent of the damage, at its sole discretion. Photographic evidence may be requested from the driver to document the incident.
Service Animals
Paxxy allows certified service animals to accompany Riders at no additional charge, regardless of whether a special ride option is requested.
Incidents or Accidents
In the event of an accident or incident involving the User or the driver during a ride requested through the Platform, it must be reported to Paxxy within 24 hours.
The User also agrees to cooperate in:
- Any interviews or information requests.
- Any investigation or internal resolution process initiated by Paxxy.
- General Provisions Relating to the Terms
Termination
Paxxy may, at its sole discretion and without prior notice, terminate or suspend these Terms and/or your access to the Platform and its Services at any time and for any reason. This may apply to a specific user or to all users in general. Paxxy shall not be liable for any loss, disruption, or damage resulting from the termination of your account or access to the Services.
You may cancel your User Account by sending written notice to the contact channels listed below. The notice must include:
- The desired termination date of the account.
- Your user information (username and email address).
- Your contact information (full name and address).
- The reason for cancellation.
Please note that terminating your account does not exempt you from any legal obligations already acquired under these Terms, which will remain binding until Paxxy formally processes your cancellation request.
Compliance with Laws
You agree to use the Platform and Paxxy’s Services legally and in compliance with all applicable laws and regulations. It is strictly prohibited to use the Platform to:
- Transport illegal or hazardous materials.
- Engage in criminal activities.
- Cause nuisance, harm, loss, or inconvenience to Paxxy, drivers, or third parties.
Prohibited Conduct
By using Paxxy’s Services, you agree not to engage in any of the following conduct:
- Interfering with the functionality of the Platform or its Services.
- Making statements that incite violence, are discriminatory, or derogatory.
- Threatening, harassing, or abusing any person associated with Paxxy.
- Defaming Paxxy or its independent drivers.
- Using the Platform for fraudulent or criminal purposes.
- Impersonating another person.
- Selling or transferring your User Account.
- Using Platform content to create a competing service or diminish the value of Paxxy.
- Using fraudulent payment methods.
- Modifying, decompiling, duplicating, or reverse-engineering the Platform.
Paxxy reserves the right to investigate and take legal action against any person who, in its sole discretion, violates this section. This may include reporting the violation to the relevant authorities.
Intellectual Property
Paxxy and its licensors hold all rights to the information, databases, text, reports, data, graphics, images, audio recordings, audiovisual clips, photographs, programs, applications, software, and other content contained within the Platform ("Paxxy Material"). This also includes the design, selection, and organization of such content.
Paxxy may also incorporate third-party software (including open-source software) subject to additional terms from their respective licensors.
The names, logos, and trademarks used on the Platform (“Trademarks”) are owned by Paxxy or used under license with the appropriate authorization. All Paxxy Material is protected under copyright, trademark, and other intellectual property laws.
You agree to respect Paxxy’s intellectual property rights and to protect the proprietary and confidential nature of the Paxxy Material.
If you suggest any new features or improvements to the Platform, you acknowledge that:
- Paxxy will be the sole owner of such suggestions and may implement them without granting you any right to compensation.
- Such suggestions will not be subject to any confidentiality agreement unless otherwise agreed in writing.
Limited License
Paxxy grants you a limited, non-exclusive, revocable, non-transferable, and non-sublicensable license to use the Platform solely for the purpose of accessing Paxxy’s Services.
This license does not grant you any ownership rights over the Platform, the Paxxy Material, or the Trademarks. Except as expressly authorized, you may not reproduce, modify, distribute, republish, publicly display, or create derivative works from Paxxy’s content.
All rights not expressly granted herein are reserved by Paxxy.
- Disclaimers
Paxxy, on its own behalf and on behalf of its successors, representatives, affiliates, directors, members, employees, agents, and shareholders, makes the following legal disclaimers regarding the use of the Platform and Services:
- PAXXY’S SERVICES ARE PROVIDED “AS IS” AND AS AVAILABLE. Paxxy disclaims all express, implied, or statutory warranties not explicitly stated in these Terms or on the Platform, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement of rights.
- Paxxy does not make any express or implied guarantees or assurances regarding the reliability, continuity, accuracy, timeliness, quality, suitability, or availability of the Platform or its Services.
- Paxxy does not warrant the quality, safety, capability, or suitability of Independent Transportation Providers. By using the Services, you assume all risks associated with such use, to the fullest extent permitted by law.
- Paxxy does not guarantee that:
- The quality of the Services or information obtained through the Platform will meet your expectations.
- The Platform or Services will operate continuously, error-free, or without interruptions.
- The Services will be free of viruses, malware, or other harmful components.
- Location data provided by the Platform is for general reference only and should not be relied upon in situations requiring precise location accuracy, such as those involving risk of death, personal injury, property damage, or environmental harm. Paxxy does not guarantee the accuracy, reliability, or availability of location data shown on the Platform.
- Any information you provide through the Platform, including geolocation data, may be accessible to Paxxy and to Independent Transportation Providers affiliated with the Platform.
- Paxxy does not control or verify reviews or ratings posted by Platform Users or on external sources, and is not responsible for any statements, promises, or claims made by Independent Transportation Providers.
- Paxxy does not guarantee that Users or Providers are who they claim to be. Anyone using the Services must exercise their own judgment when verifying the driver, vehicle, appearance, and other relevant information.
- Paxxy is not responsible for the conduct of Users or Providers, nor for personal items left inside vehicles. Furthermore, Paxxy does not ensure or guarantee the protection or confidentiality of any information other than payment method details.
- Paxxy does not guarantee that the Platform will function on all devices and is not responsible for delays, interruptions, losses, or failures related to your mobile data network or messaging services.
- Limitations of Liability
Paxxy shall not be deemed in breach of these Terms nor held liable for any delay or failure to perform its obligations under these Terms if such delay or failure is due to events beyond its reasonable control. These events include, but are not limited to: natural disasters, acts of God, terrorism, labor disputes, unavailability of Independent Transportation Providers, service interruptions, war, government actions, epidemics or pandemics, public health emergencies, protests, riots, strikes, quarantines, curfews, declared states of emergency, extreme weather conditions, technical server issues, or unauthorized access to the Platform.
Likewise, Paxxy shall not be liable when the fulfillment of its obligations depends on the cooperation of third parties designated by you, and such cooperation is not reasonably provided. Any such failure to cooperate will be considered beyond Paxxy’s control and shall not be grounds for breach or liability under these Terms.
Exclusion of Indirect Damages
In no event shall Paxxy or its affiliates, owners, members, managers, directors, employees, agents, advisors, or partners — nor any of their respective heirs, successors, or assigns — be liable for:
Incidental, special, exemplary, punitive, consequential, or indirect damages, including but not limited to data loss, file corruption, service interruptions, failure to store information, unauthorized access, or the cost of substitute services.
This limitation applies even if Paxxy was previously advised of the possibility of such damages, and regardless of whether such damages arise from negligence or any other legal basis.
Maximum Liability Cap
If Paxxy (or any of the related persons or entities mentioned above) is found legally liable for any claim or dispute related to:
- Use of the Platform,
- Paxxy’s Services, or
- These Terms,
then the total cumulative liability shall be strictly limited to the amount you paid for the specific Paxxy service that gave rise to the claim or dispute.
If this limitation fails to fulfill its essential purpose under applicable law, then Paxxy’s total liability in any case shall not exceed fifty U.S. dollars ($50.00 USD).
Legal Enforcement
The limitations of liability and damage set forth in this section shall apply to all claims and disputes unless prohibited, in whole or in part, by applicable law.
- Hold Harmless
Without limitation, you agree to defend, indemnify, and hold harmless Paxxy, its affiliates, and all of their respective owners, members, managers, directors, employees, agents, advisors, and partners, as well as their respective heirs, successors, or assigns (collectively, the “Indemnitees”), from and against any and all claims, legal actions, demands, losses, costs, liabilities, or expenses (including reasonable attorneys’ fees) arising directly or indirectly from:
- Your use of the Platform.
- Your use of the services offered by Paxxy.
- Any misconduct, omission, or violation of these Terms on your part.
This indemnification obligation applies regardless of whether any of the Indemnitees acted negligently or not.
Disputes Between Drivers and Passengers
In the event of a dispute between an Independent Transportation Provider and a User (Passenger), both parties agree to resolve the issue directly between themselves. Paxxy shall not be responsible for, nor assume any legal liability arising from, any claims or controversies resulting from such disputes between Users.
If you have a disagreement with one or more Independent Transportation Providers, you agree to release Paxxy (including all Indemnitees) from any and all liability, claims, damages, or losses of any kind—known or unknown, suspected or unsuspected, disclosed or undisclosed—that may arise from or relate to such disputes or your participation in or use of Paxxy’s Services.
Paxxy reserves the right, but is not obligated, to intervene in or monitor disputes between users of the Platform.
- Governing Law
These Terms, as well as any claim or defense based on, arising out of, or related to them—including but not limited to matters of enforcement, performance, breach, tort liability, or discrimination—shall be governed by and construed in accordance with the laws of the State of New York, without regard to the conflict of laws principles of any other jurisdiction.
In the event that a dispute, claim, or controversy arises from the use of Paxxy’s Services and involves personal injury, sexual assault, or harassment, such dispute shall be governed by the laws of the state in which the event occurred.
- Dispute Resolution and Arbitration
You agree that any dispute, claim, controversy, or legal action against Paxxy arising out of or relating to a breach of these Terms, the Platform, or Paxxy’s Services must be resolved exclusively through arbitration. By accepting these Terms, you expressly waive your right to participate in any class action, coordinated, consolidated, joint, mass, and/or representative action against Paxxy and the Indemnitees.
By using the Platform and/or Paxxy’s Services, you also waive your right to bring any dispute before a court of law, including the right to a trial by judge or jury. Instead, you agree to resolve any dispute exclusively through binding arbitration, pursuant to this Arbitration Agreement, which shall remain in force even after the termination of these Terms.
All arbitration proceedings shall take place in the State of New York, County of New York.
Arbitration Administration
Arbitration shall be administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules in effect at the time the arbitration is initiated. These rules can be accessed at www.adr.org.
If circumstances warrant, the arbitrator may apply other AAA rules, provided they do not conflict with the terms set forth in this clause. If both parties agree in writing, an alternative arbitration institution may be selected.
During the arbitration, you and Paxxy shall have the right to reasonably request relevant, non-privileged information related to the claim or dispute.
The arbitrator shall render decisions in accordance with the laws of the State of New York and shall respect all legally recognized privileges. The arbitrator is not bound by any prior decisions involving you and may award any individual remedies available in a court of law.
The arbitrator must issue a written decision stating the basis and conclusions supporting their award. The award shall be final and binding and may be enforced in any court having jurisdiction over the non-prevailing party. However, any award may be challenged in a court of competent jurisdiction in accordance with applicable law.
The arbitrator may award the prevailing party reasonable costs incurred in connection with the arbitration, in accordance with the laws of the State of New York.
Legal Fees in Judicial Proceedings
Should any dispute result in judicial proceedings rather than arbitration, you agree not to seek reimbursement from Paxxy for attorney’s fees or court costs. You expressly acknowledge that you will be solely responsible for your own legal expenses in any civil litigation.
- No Waiver
Paxxy’s failure to enforce any provision of these Terms on a particular occasion shall not be considered a waiver of that right or provision unless Paxxy explicitly acknowledges and agrees to such waiver in writing. The exercise of any remedy under these Terms by Paxxy will be without prejudice to its other rights or remedies available by law or agreement.
- Entire Agreement
These Terms, together with any additional terms, appendices, conditions, policies, guidelines, standards, and disclosures incorporated by reference, constitute the entire and exclusive agreement between you and Paxxy and supersede all prior or contemporaneous oral or written understandings or agreements. No provision of these Terms grants any rights or remedies to any third party.
If any provision of these Terms is found to be invalid or unenforceable by an arbitrator or court of law, that provision shall be severed without affecting the validity or enforceability of the remaining provisions or your binding agreement with Paxxy.
- Assignment
You may not assign, transfer, or delegate your rights or obligations under these Terms without Paxxy’s prior written consent. Conversely, Paxxy may assign, transfer, or delegate these Terms and its rights and obligations to another party at its sole discretion, provided it gives you at least 30 days’ prior notice.
- Mobile Application Terms
The availability of the Paxxy Platform may vary depending on the third-party app store from which it is downloaded. These app stores (e.g., Apple App Store or Google Play Store) are not parties to these Terms and are not responsible for the services provided by Paxxy. However, they are deemed to have the right to enforce these Terms against you.
Some components of the Platform may utilize Google Maps or Google Earth mapping services, including APIs. Your use of those services is subject to the Google Maps/Google Earth Additional Terms of Service.
If you access or download the Platform from the Apple App Store, you agree to Apple’s Licensed Application End User License Agreement.
- Contact and Notices
If you need to contact Paxxy or provide a formal notice under these Terms, you may do so by emailing support@paxxy.app.