Terms of Service

1. Acceptance of Terms

Welcome to Pool! These Terms of Service ("Terms") govern your access to and use of the Pool mobile application and related services ("Service" or "Pool"). Pool is provided by the Pool development team (referred to as "Pool," "we," or "us"). By downloading, accessing, or using Pool, you agree to be bound by these Terms and our Privacy Policy (which is incorporated by reference). If you do not agree, you may not use Pool.

These Terms form a binding legal agreement between you and Pool. You represent that you have the legal capacity to enter this agreement (in other words, you are of sufficient age and mental capacity). Pool is intended for use by adults; you must be at least 18 years old to use this app. By using Pool, you affirm that you are 18 or older and, if applicable, a member of the University of Chicago community eligible to use this student ride-sharing platform. We reserve the right to update these Terms from time to time, as described in Section 12 below.

2. Service Description – Platform for Shared Rides

Pool provides a platform and digital marketplace for University of Chicago students to connect with one another for the purpose of sharing rides to common destinations (such as rides to the airport). Pool itself is a matching and communication service – it is not a transportation or rideshare service. Pool helps users coordinate ride-sharing through third-party transportation providers that users choose (for example, coordinating an Uber or Lyft ride together). We do not provide vehicles, drivers, or ride services, and we do not charge you for any ride. All actual transportation services are provided by independent third-party providers (e.g. rideshare companies or taxi services) that are not affiliated with Pool.

You acknowledge that Pool does not provide transportation services and is not a transportation carrier. Pool's role is solely to facilitate peer-to-peer ride sharing arrangements among users. Any ride you ultimately take is provided by third-party drivers through separate services (such as Uber or Lyft) which have their own terms and conditions. Pool is not involved in the contracting, performance, or operation of your ride; we do not direct or control the drivers, vehicles, routes, or safety of the ride. Pool only connects riders who then independently agree to share a third-party ride.

3. User Accounts and Eligibility

To use Pool, you must create an account via our Google Sign-In integration. You agree to provide accurate, current, and complete information during registration and at all times. This includes using your real name and a valid university email if required. You are responsible for maintaining the confidentiality of your account login (do not share your Google credentials or let others use your account). You agree to immediately notify us at pooluchicago@gmail.com of any unauthorized use of your account or security breach. Pool is not liable for any loss or damage arising from your failure to safeguard your account.

By creating an account, you represent and warrant that:

• (a) you are at least 18 years old;
• (b) you are a student, faculty, staff, or affiliate of the University of Chicago (or otherwise authorized by us to join the platform); and
• (c) you will use Pool only for personal, non-commercial purposes in compliance with these Terms.

You may not create an account on behalf of someone else or transfer your account to anyone without our permission. We reserve the right to refuse registration, suspend, or terminate your account if any information provided is untrue or if you violate these Terms.

Account Deletion: You may delete your Pool account at any time through the app's settings. As required by Apple and Google policies, we allow you to initiate account deletion in-app, which will remove your account and personal data from our system. For more details on data deletion, see our Privacy Policy.

4. User Conduct and Community Guidelines

Pool aims to foster a safe, respectful community of students. When using Pool, you agree to behave lawfully, courteously, and in good faith. You are solely responsible for your conduct on the app and during any ride-sharing arrangements made through Pool. By using Pool, you agree that you will not:

• Violate any law or regulation. You must comply with all applicable laws, including traffic laws and rideshare rules, when coordinating or engaging in shared rides.
• Post or share any objectionable content. You may not transmit any content that is illegal, harassing, hateful, abusive, threatening, defamatory, obscene, pornographic, or otherwise offensive or objectionable. This includes messaging other users – hate speech, discrimination, or bullying of any kind is strictly prohibited.
• Impersonate or misrepresent. Do not impersonate any person or entity, or falsify information. You must not misrepresent your affiliation (e.g. claiming to be a student if you are not) or attempt to deceive others on the platform.
• Harass or harm others. You agree not to stalk, intimidate, harm, or endanger any other Pool user. Any form of harassment, discrimination (on the basis of race, gender, religion, etc.), or unwanted sexual conduct is forbidden. Treat others with respect and courtesy during both online interactions and in-person shared rides.
• Use the Service for unauthorized commercial purposes. Pool is for personal ride-sharing among students. You may not use Pool to run a business, solicit services, advertise products, or recruit drivers/riders for paid services outside of Pool.
• Spam, phish, or collect information unlawfully. Do not send unsolicited or irrelevant messages to users, and do not attempt to collect personal information from others without their consent.
• Interfere with the app's operation. You must not interfere with or disrupt the Pool Service or servers through any means. This includes: attempting to hack the app or accounts, introducing malware or harmful code, performing automated scraping of content, or overloading the service with requests.
• Circumvent safety measures. If Pool implements any features to ensure safety or verify users (such as email verification or ratings), you will not attempt to bypass or manipulate these systems.

These rules are vital to maintaining a trusted community. Content or behavior that violates these guidelines may result in immediate removal of content and/or suspension or termination of your account. Pool reserves the right to review, monitor, and remove any user-generated content (including chat messages) that we find violates these Terms or that is reported to us by other users.

User Reporting: If you experience or witness any violation of these guidelines or any behavior that makes you feel unsafe, please report it to Pool via the app's report function or contact us at pooluchicago@gmail.com. We take user reports seriously and will address issues in a timely manner.

5. User-Generated Content and License

Content Ownership: You retain ownership of any content that you create or post on Pool (such as your chat messages, profile photo if added, etc.). We do not claim ownership over your personal communications. However, by sending or posting content through Pool, you grant Pool a license to use that content as needed to operate and provide the Service.

Prohibited Content: As noted in Section 4, you agree not to post content that is unlawful, infringing, or violates anyone's rights or privacy. You should only post content (text or images) that you have the right to share.

No Endorsement: Any opinions, advice, statements, or information shared by users are those of the individual user and not of Pool. We do not endorse and are not responsible for the accuracy or reliability of any user-generated content.

6. Third-Party Services and Links

Pool may contain links to or integrations with third-party services that are not owned or controlled by Pool. For example, after matching with a co-rider, you might use a third-party rideshare app (like Uber or Lyft) to book the actual ride.

Please note: When you access third-party services through Pool, those third-party terms and privacy policies apply, not Pool's. Pool is not responsible for the content, terms, policies, or actions of any third-party services.

No Liability for Third Parties: Pool cannot ensure that a third-party driver or service will fulfill your ride request or that your shared ride will be completed successfully. We have no control over the drivers' availability, the vehicle condition, route taken, or any payment issues on those platforms.

7. No Transportation Services; Disclaimer of Relationship

It is important to understand that Pool is only a facilitator of ride-sharing and is not a transportation company. We do not employ drivers, own vehicles, or offer ride services ourselves. Pool is not a common carrier, motor carrier, taxi service, or transportation network company.

No Agency or Employment: No arrangement on Pool shall be deemed to create an employer-employee, agency, joint venture, or partnership relationship between you and Pool, or between Pool and any third-party provider.

8. Assumption of Risk and Liability Waiver

Assumption of Risk: By voluntarily using Pool and participating in shared rides, you acknowledge and accept the inherent risks involved. These risks may include traveling with strangers, the possibility of vehicle accidents, delays or route changes, inclement weather during travel, interpersonal conflicts or misunderstandings, and any other unexpected situations.

Liability Waiver: To the maximum extent permitted by law, you agree to release, waive, and hold harmless Pool (and our team, affiliates, and agents) from any and all liability, claims, demands, or damages of any kind arising out of or related to your use of Pool or any ride or interaction that occurs through arrangements made on Pool.

This means Pool is not liable if you suffer any injury, loss, or damage during or in connection with a shared ride. You are solely responsible for your interactions with other users and for any arrangements you make with third-party services.

9. Disclaimer of Warranties

Pool strives to provide a reliable service, but we make no guarantees that the Service will always meet your expectations or be free from issues. Your use of Pool is at your own risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis without warranties of any kind.

We do not warrant that the Pool app will be uninterrupted, timely, secure, or error-free, or that any information on Pool will be accurate or reliable. No advice or information obtained from Pool shall create any warranty not expressly stated in these Terms.

10. Limitation of Liability

To the extent permitted by law, in no event shall Pool or its officers, directors, employees, partners, or agents be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or any loss of profits, data, goodwill, or other intangible losses, arising out of or related to your use of Pool.

In particular, Pool shall not be liable for any damages arising from:

• (a) your participation in a shared ride or your relationship with a co-rider or third-party driver;
• (b) any personal injury or property damage that occurs during a ride;
• (c) unauthorized access to or alteration of your transmissions or data; or
• (d) any other matter relating to the Service or interactions between users.

Maximum Liability: If Pool is found liable for any claim, our total liability to you shall not exceed $100 USD. Some jurisdictions do not allow the limitation of liability, so these limitations may not apply to the extent prohibited by law.

11. Indemnification

You agree that if a third party makes a claim against Pool due to your actions, you will indemnify and hold Pool harmless from any and all claims, demands, lawsuits, liabilities, damages, and expenses (including reasonable attorney's fees) arising out of or related to: (a) your use of Pool; (b) your breach of these Terms; or (c) your violation of any rights of another party.

12. Changes to These Terms

Pool may revise or update these Terms from time to time. If we make material changes, we will notify you by email or through the app. By continuing to use Pool after updated Terms have been posted, you are indicating that you accept the changes. If you do not agree to any amended Terms, you should stop using Pool.

13. Governing Law and Dispute Resolution

These Terms and any dispute arising out of or relating to these Terms or the use of Pool will be governed by and construed in accordance with the laws of the State of Illinois, USA, without regard to its conflict of law principles.

Jurisdiction and Venue: You agree that any legal action or proceeding arising under these Terms shall be brought exclusively in the state or federal courts located in Cook County, Illinois. You consent to the personal jurisdiction of such courts.

14. Additional Provisions

• Entire Agreement: These Terms, along with the Privacy Policy, constitute the entire agreement between you and Pool regarding the Service.
• Severability: If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will remain in full force.
• No Waiver: Our failure to enforce any right will not be considered a waiver of that right.
• Assignment: You may not assign your rights under these Terms without our consent. We may assign our rights in connection with a merger or sale.

15. Contact Information and Support

Pool is developed and maintained by Pool's development team. Contact us if you have any questions, feedback, or concerns regarding these Terms at support@uchicagopool.com.

Thank you for using Pool! By fostering a cooperative and respectful community, we hope to make traveling easier and more affordable for UChicago students.