Terms of Service
Welcome to Fairlift.net. These Terms of Service ("Terms") govern your access to and use of the Fair Lift website, mobile application, and related services (collectively, the "Platform") operated by Fair Lift LLC ("Fair Lift," "we," "us," or "our").
By creating an account, accessing the Platform, requesting or accepting a ride or food delivery, or otherwise using the Platform, you agree to these Terms. If you do not agree to these Terms, you may not use the Platform.
1. What Fair Lift Is
Fair Lift is a technology platform intended to facilitate free or cost-sharing rides between members of a community and food delivery.
Fair Lift is not intended to operate as a traditional taxi, limousine, or for-profit ride-hailing company. Fair Lift does not charge riders a profit-generating fare and does not retain the money paid by a rider as transportation revenue.
When a rider requests a ride, the applicable ride payment is intended to be transferred to the participating driver, subject to:
- applicable payment-processing or transaction fees charged by third-party payment providers;
- the Fair Lift technology fee described below; and
- any adjustments, refunds, chargebacks, or other amounts required to process the transaction.
Fair Lift does not guarantee that the amount paid by a rider will equal the driver's actual expenses.
2. Fair Lift's Technology Fee
Fair Lift incurs costs to develop, operate, maintain, secure, host, and support the Platform.
To help recover these technology costs without operating the Platform for profit, Fair Lift may collect a technology fee associated with each ride.
The technology fee is calculated based on the following principle:
Total actual technology costs for the applicable month ÷ total number of rides during that month.
The resulting per-ride amount is capped at $1.00 per ride.
Because the actual total cost of operating the Platform is not known until the end of each month, Fair Lift may initially charge a $1.00 technology fee per ride.
At the end of each calendar month, Fair Lift will calculate the actual per-ride technology cost using the methodology described above. If the actual cost per ride is less than $1.00, Fair Lift will refund the excess amount previously collected.
For example, if the actual monthly technology cost divided by the number of rides results in a cost of $0.62 per ride, a rider who was charged a $1.00 technology fee would be eligible for a $0.38 refund for that ride, subject to the applicable refund process.
Fair Lift intends for this fee to be a cost-recovery mechanism rather than a source of profit. Fair Lift may modify the methodology in the future when necessary to reflect changes in technology, payment-processing, hosting, security, regulatory, or operational costs, subject to applicable law and notice requirements.
3. Rides Are Provided by Independent Drivers
Fair Lift is a technology platform connecting riders and drivers.
Drivers are independent participants and are not employees, agents, partners, joint venturers, or representatives of Fair Lift solely by virtue of using the Platform.
Fair Lift does not directly provide transportation services.
A driver's participation in the Platform does not mean that Fair Lift employs, supervises, controls, or guarantees the driver's driving ability, qualifications, conduct, vehicle, or compliance with applicable law.
Drivers are solely responsible for:
- safely operating their vehicles;
- complying with applicable traffic and transportation laws;
- maintaining their vehicles in safe operating condition;
- maintaining legally required insurance;
- providing accurate information to riders;
- determining whether they are legally permitted to provide a particular ride; and
- complying with all applicable laws, regulations, and insurance requirements.
4. Driver Insurance
Drivers are required to provide Fair Lift with acceptable proof of automobile insurance before participating as drivers.
However, Fair Lift's verification of insurance documentation is limited.
Fair Lift does not continuously monitor or independently verify that a driver's insurance policy remains active at the precise time a ride occurs.
Insurance documents may become expired, cancelled, suspended, modified, or otherwise invalid after they have been reviewed by Fair Lift.
Drivers are solely responsible for maintaining continuous and legally sufficient insurance coverage while operating their vehicles.
Drivers should confirm with their insurance company that their insurance policy provides coverage for the type of rides they provide through the Platform. Personal automobile insurance policies may contain exclusions relating to transportation for compensation or other forms of commercial or ridesharing activity. California's Department of Insurance specifically warns drivers about potential insurance coverage gaps associated with ridesharing activity.
5. Accidents and Insurance Claims
Drivers are responsible for accidents, injuries, property damage, and other losses arising from their operation of their vehicles, to the extent provided by applicable law and insurance coverage.
If an accident occurs, the driver and affected parties should promptly contact the appropriate law-enforcement authorities and insurance companies.
Fair Lift does not provide automobile liability insurance to drivers unless expressly stated otherwise in a separate written agreement.
Fair Lift does not guarantee that a driver's insurance will cover every claim or that insurance coverage will be sufficient to cover every loss.
To the maximum extent permitted by applicable law, claims arising from the operation, ownership, maintenance, or use of a driver's vehicle should be directed to the driver and the driver's applicable insurance carrier.
Nothing in these Terms is intended to waive or eliminate liability that cannot legally be waived under applicable law.
6. No Guarantee of Ride Availability
Fair Lift does not guarantee that:
- a driver will accept a ride request;
- a requested ride will be available;
- a ride will arrive at a particular time;
- a driver will arrive at all;
- a driver will follow a particular route;
- a ride will be completed;
- the Platform will operate without interruption; or
- a particular number of drivers or riders will be available.
Ride availability depends on independent drivers and riders voluntarily using the Platform.
7. Rider Responsibilities
Riders must:
- provide accurate account and contact information;
- provide accurate pickup and destination information;
- behave respectfully toward drivers;
- comply with applicable laws;
- avoid damaging vehicles;
- not engage in threatening, abusive, discriminatory, or violent conduct;
- not request transportation for unlawful purposes; and
- follow reasonable safety instructions.
A rider may be refused service or removed from the Platform if Fair Lift reasonably determines that the rider presents a safety, security, legal, or operational concern.
8. Driver Responsibilities
Drivers must:
- maintain a valid driver's license;
- maintain legally required vehicle registration;
- maintain required automobile insurance;
- maintain their vehicle in safe operating condition;
- comply with applicable traffic laws;
- not operate a vehicle while impaired;
- not use the Platform for unlawful purposes;
- treat riders respectfully; and
- provide truthful information to Fair Lift.
Before a driver may go online or accept ride or food-delivery requests, Fair Lift obtains a consumer report (criminal history and motor vehicle record) through Checkr, Inc. Fair Lift pays for that check. Drivers review and sign the required FCRA disclosures on Checkr's hosted form. Fair Lift may deny, suspend, or terminate platform access based on that report, subject to Checkr's pre-adverse and adverse-action notices. Drivers dispute report contents with Checkr through the Candidate Portal.
Fair Lift may suspend or terminate a driver's access to the Platform when Fair Lift reasonably believes that the driver has violated these Terms or presents a safety, legal, or security concern.
9. Payment Processing
Payments may be processed through third-party payment processors.
Fair Lift does not necessarily receive or hold all funds paid by riders.
Payment processors may charge transaction, processing, dispute, chargeback, or other fees.
The amount transferred to a driver may therefore differ from the amount initially charged to the rider.
By using the payment functionality of the Platform, you authorize the applicable payment provider to process transactions associated with your rides.
10. Refunds and Monthly Technology-Fee Adjustment
Where applicable, Fair Lift may issue refunds through the original payment method or another reasonable method.
Technology-fee adjustments are calculated after the end of each month because the actual monthly cost of operating the technology infrastructure cannot be determined beforehand.
Refund timing may depend on the payment processor, banking institution, card network, or other third party.
11. User Accounts
You are responsible for maintaining the confidentiality of your account credentials.
You are responsible for activity conducted through your account unless the activity resulted from circumstances outside your reasonable control.
You must promptly notify Fair Lift if you believe your account has been compromised.
Fair Lift may suspend or terminate accounts that violate these Terms or applicable law.
12. Prohibited Uses
You may not use the Platform to:
- commit or facilitate unlawful activity;
- harass, threaten, stalk, or harm another person;
- impersonate another person;
- provide fraudulent information;
- interfere with the Platform;
- attempt unauthorized access to systems or accounts;
- introduce malware or malicious code;
- manipulate payments or ride information;
- use the Platform for unauthorized commercial purposes; or
- otherwise misuse the Platform.
13. Safety
Transportation involves inherent risks, including vehicle collisions, traffic accidents, injury, property damage, criminal activity, weather conditions, road conditions, and actions of third parties.
You voluntarily assume the ordinary risks associated with participating in rides arranged through the Platform, to the extent permitted by law.
Users should exercise appropriate judgment regarding whether to accept or provide a ride.
14. Third-Party Services
The Platform may depend on third-party services, including:
- payment processors;
- mapping providers;
- cloud hosting providers;
- telecommunications providers;
- identity or verification providers;
- SMS providers; and
- other technology providers.
Fair Lift is not responsible for outages, errors, failures, or actions of third-party services beyond Fair Lift's reasonable control.
15. Intellectual Property
The Platform, including its software, design, branding, logos, text, graphics, and other content, is owned by or licensed to Fair Lift and is protected by applicable intellectual-property laws.
You may use the Platform only for its intended purpose.
You may not copy, modify, reverse engineer, distribute, sell, or exploit the Platform except as expressly permitted by law or by Fair Lift in writing.
16. Privacy
Your use of the Platform is also governed by the Fair Lift Privacy Policy available at /privacy.
The Privacy Policy describes information we collect, how we use it, and circumstances under which information may be disclosed.
17. Electronic Communications
By using the Platform, you agree that Fair Lift may communicate with you electronically regarding your account and use of the Platform.
These communications may include emails, push notifications, and SMS messages where you have provided the appropriate consent or where otherwise permitted by applicable law.
Our SMS practices are described separately at /sms-terms.
18. Disclaimers
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE PLATFORM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
FAIR LIFT DOES NOT GUARANTEE THAT THE PLATFORM WILL BE AVAILABLE AT ALL TIMES OR THAT THE PLATFORM WILL BE FREE FROM ERRORS, INTERRUPTIONS, SECURITY VULNERABILITIES, OR OTHER DEFECTS.
FAIR LIFT DOES NOT GUARANTEE THE IDENTITY, CHARACTER, SAFETY, DRIVING ABILITY, INSURANCE STATUS, OR CONDUCT OF ANY USER.
FAIR LIFT DOES NOT GUARANTEE THE CONDITION, SAFETY, OR LEGAL COMPLIANCE OF ANY VEHICLE USED BY A DRIVER.
19. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FAIR LIFT LLC AND ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, CONTRACTORS, AFFILIATES, AND SERVICE PROVIDERS SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO YOUR USE OF THE PLATFORM OR A RIDE ARRANGED THROUGH THE PLATFORM.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, FAIR LIFT'S TOTAL LIABILITY ARISING OUT OF OR RELATING TO THE PLATFORM SHALL NOT EXCEED THE AMOUNT OF FEES ACTUALLY PAID BY YOU TO FAIR LIFT DURING THE TWELVE MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
This limitation does not apply to liability that cannot legally be limited or excluded.
20. Indemnification
To the maximum extent permitted by law, you agree to defend, indemnify, and hold harmless Fair Lift LLC and its members, managers, officers, employees, contractors, affiliates, and service providers from claims, damages, liabilities, costs, and expenses arising out of:
- your violation of these Terms;
- your unlawful or improper use of the Platform;
- your conduct toward another user;
- damage caused by you to another person's property;
- your violation of applicable law; or
- information you knowingly provide that is false or misleading.
21. Disputes
Before initiating formal legal proceedings, the parties agree to make a good-faith effort to resolve disputes informally.
A user may contact Fair Lift using the contact information provided on the Platform to describe the dispute and requested resolution.
Nothing in this section prevents a person from exercising rights that cannot legally be waived.
22. Changes to These Terms
Fair Lift may update these Terms from time to time.
When material changes are made, Fair Lift may provide notice through the Platform, email, or another reasonable method.
Your continued use of the Platform after the effective date of revised Terms constitutes acceptance of the revised Terms to the extent permitted by law.
23. Termination
Fair Lift may suspend or terminate access to the Platform at any time when reasonably necessary for safety, security, legal compliance, fraud prevention, technical reasons, or violation of these Terms.
Users may stop using the Platform at any time.
Provisions that by their nature should survive termination—including payment obligations, intellectual-property provisions, disclaimers, limitations of liability, indemnification, and dispute provisions—will survive termination.
24. Governing Law
These Terms shall be governed by applicable laws of the State of California, without regard to conflict-of-law principles, except to the extent federal law or another applicable law requires otherwise.
25. Severability
If any provision of these Terms is determined to be invalid or unenforceable, the remaining provisions will remain in effect to the maximum extent permitted by law.
26. Entire Agreement
These Terms, together with the Privacy Policy and SMS Terms, constitute the agreement between you and Fair Lift regarding your use of the Platform, except where additional terms expressly apply.
27. Contact
Fair Lift LLC
5051 Alton Pkwy Apt 227, Irvine, CA 92604
Email: support@fairlift.net
Website: https://fairlift.net
For questions regarding these Terms, contact us at the email above.