Deactivation Policies ‒ Lyft / Uber

Deactivation Policies – Lyft / Uber

Contents Lyft ...... 2 Terms of Service: Section 16, Term and Termination ...... 2 Terms of Service: Section 9, Restricted Activities ...... 3-4 Terms of Service: Section 10, Driver Representations, Warranties and Agreements ...... 5-6 Uber ...... 7 Guideline/Policy at Uber regarding Driver Deactivations, response to Ombuds Request ...... 7 Deactivation Policy – Puerto Rico Only ...... 7-13 Community Guidelines: How Uber Enforces our Guidelines ...... 14-15

Lyft / Uber Deactivation Policies Page 1

Lyft

(accessed on 1/29/2020)

This Agreement is effective upon your creation of a User account. This Agreement may be terminated: a) by User, without cause, upon seven (7) days’ prior written notice to Lyft; or b) by either Party immediately, without notice, upon the other Party’s material breach of this Agreement, including but not limited to any breach of Section 9 or breach of Section 10(a) through (i) of this Agreement. In addition, Lyft may terminate this Agreement or deactivate your User account immediately in the event: (1) you no longer qualify to provide Rideshare Services or to operate the approved vehicle under applicable law, rule, permit, ordinance or regulation; (2) you fall below Lyft’s star rating or cancellation threshold; (3) Lyft has the good faith belief that such action is necessary to protect the safety of the Lyft community or third parties, provided that in the event of a deactivation pursuant to (1)-(3) above, you will be given notice of the potential or actual deactivation and an opportunity to attempt to cure the issue to Lyft’s reasonable satisfaction prior to Lyft permanently terminating the Agreement. For all other breaches of this Agreement, you will be provided notice and an opportunity to cure the breach. If the breach is cured in a timely manner and to Lyft’s satisfaction, this Agreement will not be permanently terminated. Sections 2, 6, 7 (with respect to the license), 11-12, 14-19, and 21 shall survive any termination or expiration of this Agreement.

Lyft / Uber Deactivation Policies Page 2

(accessed on 1/29/2020)

With respect to your use of the Lyft Platform and your participation in the Rideshare Services, you agree that you will not:

a. impersonate any person or entity; b. stalk, threaten, or otherwise harass any person, or carry any weapons; c. violate any law, statute, rule, permit, ordinance or regulation; d. interfere with or disrupt the Lyft Platform or the servers or networks connected to the Lyft Platform; e. post Information or interact on the Lyft Platform or Rideshare Services in a manner which is fraudulent, libelous, abusive, obscene, profane, sexually oriented, harassing, or illegal; f. use the Lyft Platform in any way that infringes any third party’s rights, including: intellectual property rights, copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; g. post, email or otherwise transmit any malicious code, files or programs designed to interrupt, damage, destroy or limit the functionality of the Lyft Platform or any computer software or hardware or telecommunications equipment or surreptitiously intercept or expropriate any system, data or personal information; h. forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Lyft Platform; i. “frame” or “mirror” any part of the Lyft Platform, without our prior written authorization or use meta tags or code or other devices containing any reference to us in order to direct any person to any other web site for any purpose; j. modify, adapt, translate, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Lyft Platform; k. rent, lease, lend, sell, redistribute, license or sublicense the Lyft Platform or access to any portion of the Lyft Platform; l. use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, scrape, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Lyft Platform or its contents; m. link directly or indirectly to any other web sites; n. transfer or sell your User account, password and/or identification, or any other User's Information to any other party; o. discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation;

Lyft / Uber Deactivation Policies Page 3 p. violate any of the Referral Program rules if you participate in the Referral Program; or q. cause any third party to engage in the restricted activities above.

Lyft / Uber Deactivation Policies Page 4

(accessed on 1/29/2020)

By providing Rideshare Services as a Driver on the Lyft Platform, you represent, warrant, and agree that:

a. You possess a valid driver’s license and are authorized and medically fit to operate a motor vehicle and have all appropriate licenses, approvals and authority to provide transportation to Riders in all jurisdictions in which you provide Rideshare Services. b. You own, or have the legal right to operate, the vehicle you use when providing Rideshare Services; such vehicle is in good operating condition and meets the industry safety standards and all applicable statutory and state department of motor vehicle requirements for a vehicle of its kind; and any and all applicable safety recalls have been remedied per manufacturer instructions. c. You will not engage in reckless behavior while driving, drive unsafely, operate a vehicle that is unsafe to drive, permit an unauthorized third party to accompany you in the vehicle while providing Rideshare Services, Rideshare provide Services as a Driver while under the influence of alcohol or drugs, or take action that harms or threatens to harm the safety of the Lyft community or third parties. d. You will only provide Rideshare Services using the vehicle that has been reported to, and approved by Lyft, and for which a photograph has been provided to Lyft, and you will not transport more passengers than can securely be seated in such vehicle (and no more than seven (7) passengers in any instance). e. You will not, while providing the Rideshare Services, operate as a public or common carrier or taxi service, accept street hails, charge for rides (except as expressly provided in this Agreement), demand that a rider pay in cash, or use a credit card reader, such as a Square Reader, to accept payment or engage in any other activity in a manner that is inconsistent with your obligations under this Agreement. f. You will not attempt to defraud Lyft or Riders on the Lyft Platform or in connection with your provision of Rideshare Services. If we suspect that you have engaged in fraudulent activity we may withhold applicable Fares or other payments for the ride(s) in question and take any other action against you available under the law.

Lyft / Uber Deactivation Policies Page 5 g. You will not discriminate against Riders with disabilities and agree to review Lyft's Anti-Discrimination Policies. You will make responsible accommodation as required by law and our Service Animal Policy and Wheelchair Policy for Riders who travel with their service animals or who use wheelchairs (or other mobility devices) that can be folded for safe and secure storage in the car's trunk or backseat. h. You agree that we may obtain information about you, including your criminal and driving records, and you agree to provide any further necessary authorizations to facilitate our access to such records during the term of the Agreement. i. You have a valid policy of liability insurance (in coverage amounts consistent with all applicable legal requirements) that names or schedules you for the operation of the vehicle you use to provide Rideshare Services.

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Uber

Guideline/Policy at Uber regarding Driver Deactivations, response to Ombuds Request:

• The guideline or policy at Uber regarding driver deactivations; o Uber has different internal policies for driver deactivations in different contexts. There is more information about deactivations here: link. Uber has the contractual right to deactivate the account of any Driver if Uber determines in its sole discretion that the Driver has violated Uber’s policies or has taken actions that are harmful to Uber’s business or reputation, as well as to deactivate any driver for any reason on seven days’ notice.

The above link is to this policy, no policy for the United States was posted:

Deactivation Policy - Puerto Rico Only

(accessed on 1/29/2020 at link)

Our goal at Uber is transportation as reliable as running water everywhere, for everyone. We do that today by connecting passengers who need a ride with drivers wanting to provide one. It’s about getting a ride and work at the push of a button. This is only possible when riders trust drivers, and vice versa. That’s why Uber has Community Guidelines that set out the behaviour expected from both sides. Riders or drivers who do not follow these Guidelines may lose access to Uber, either temporarily or permanently, depending on the seriousness of the breach.

When a driver’s account is deactivated, even if only temporarily, it limits their ability to earn income. So it’s important to have a clear, published policy that explains: the circumstances in which drivers are denied access to Uber; how (if at all) they can use the app again; and if drivers can appeal these decisions [1]. There will always be unforeseen events that may ultimately lead to deactivation - and we’ll update this policy regularly - but the following are sufficient cause for deactivation: quality; fraud; safety and discrimination.

QUALITY

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Riders who use Uber expect their drivers to drive safely, as well as be courteous and professional. The higher the quality of the service, the more riders want to take trips, which in turn means more opportunities for drivers to earn money. Poor service has the opposite effect over time.

There are several ways we measure driver quality, with the most important being Star Ratings and Cancellation Rate:

Star Ratings After every trip, drivers and riders rate each other on a five-star scale and give feedback on how the trip went. This two-way system holds everyone accountable for their own behavior. Accountability helps create a respectful, safe environment for riders and drivers. Drivers can see their current rating in the Ratings tab of the Uber Partner app.

How is my rating as a driver calculated? Your rating is based on an average of the number of post-trip stars riders gave you (from 1 to 5 stars), up to your last 500 rated trips or the total number of rated trips you’ve taken, if less than 500.

The easiest way to keep your average rating high is to provide good service on every trip. Drivers on the Uber platform provide excellent service, so most trips run smoothly. But we know that sometimes a trip doesn’t go well—that’s why we only look at your average rating over your most recent 500 trips (or your total rated trip count, if under 500). This gives you the chance to improve over time.

What leads to deactivation? There is a minimum average rating in each city. This is because there are cultural differences in the way people in different cities rate each other. We will alert you over time if your rating is under this limit, and you’ll also get information about quality improvement courses that may help you improve.

If your average rating still falls below the minimum after being notified, your account will be deactivated. Your account may be reactivated on the platform after you provide proof of the steps you’ve taken to improve, for example by taking one of the quality improvement courses.

Cancellation Rate A driver cancellation is when a driver accepts a trip request and then cancels the trip. Cancellations create a poor rider experience and negatively affect other drivers. We understand that there may be times when something comes up that causes a

Lyft / Uber Deactivation Policies Page 8 driver to cancel an accepted trip, but minimizing cancellations is critical for the reliability of the system.

How is my cancellation rate calculated? Your cancellation rate is based on the number of trips cancelled out of the total number of trips you accept. (For example, if you’ve accepted 100 trips and 4 of them are cancelled, your cancellation rate would be 4%.)

High-quality drivers typically have a low cancellation rate less than 5%.

What leads to deactivation? Each city has a maximum cancellation rate, based on the average cancellation rate of drivers in that area. We will alert you if your cancellation rate is higher or you are consistently cancelling more often than other drivers in your city, and you may not be able to go online for a short period of time. If your cancellation rate continues to exceed the maximum limit, your account may be deactivated.

On Acceptance Rates: High acceptance rates are a critical part of reliable, high- quality service, but not accepting trip requests does not lead to permanent deactivation. Consistently accepting trip requests helps maximize earnings for drivers and keeps the system running smoothly. We know that sometimes things come up that prevent you from accepting every trip request or you may want to take a break, but not accepting dispatches causes delays and degrades the reliability of the system.

If you are consistently not accepting trip requests, we will notify you that your ability to remain online may be at risk. If your acceptance rate does not improve or you are declining more trips than other drivers in your city, you may not be able to go online for a short period of time.

FRAUD Fraudulent activity undermines the trust on which Uber is built. That’s why we are constantly on the lookout for fraud by drivers (and riders) who are gaming our systems.

Creating a duplicate account for fraudulent purposes -- including creating a new account after permanent deactivation -- is not allowed on the Uber platform.

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What leads to deactivation? We will deactivate any account or accounts (including permanently) if we certify that they are associated with fraudulent activity, which may include: Deliberately increasing the time or distance of a trip; Accepting trips without the intention to complete, including provoking riders to cancel; Creating dummy rider or driver accounts for fraudulent purposes; Claiming fraudulent fees or charges, like false cleaning fees; and Intentionally accepting or completing fraudulent or falsified trips.

SAFETY Uber uses technology to keep riders and drivers safe, for instance by GPS-tracking every ride and allowing riders to share their journeys in real time with families or friends. This is all backed up by a robust system of pre-screenings of drivers. We also have a dedicated incident response team on call 24/7 to investigate safety incidents.

Actions that threaten the safety of riders and drivers may be investigated and, if confirmed, will lead to permanent deactivation. As a precaution, after receiving a complaint we may temporarily suspend a driver’s account until the issue is resolved.

Issues that can lead to deactivation include:

Uber’s Community Guidelines All users of the Uber platform—both riders and drivers—agree to abide by our Community Guidelines while using the app. These Guidelines create a shared standard of respect, accountability and common courtesy for everyone in the vehicle.

What leads to deactivation? Uber may deactivate the account of any driver who does not follow these Guidelines, by engaging in, for example: Violent or inappropriate behavior, including unwanted contact; Abusive language; or Having illegal substances in the vehicle.

Zero Tolerance for Drugs & Alcohol Uber does not tolerate the use of drugs or alcohol by drivers while using the platform.

What leads to deactivation? The account of any driver found to be smoking in the vehicle, or under the influence of drugs or alcohol while using the Uber platform

Lyft / Uber Deactivation Policies Page 10 will be permanently deactivated. Uber may also deactivate the account of any driver who receives several unconfirmed complaints of drug or alcohol use.

Compliance with the Law We expect drivers using the Uber app to act in compliance with all relevant state, federal and local laws and the rules of the road at all times. This includes meeting the regulatory requirements for rideshare or for-hire drivers in your area.

What leads to deactivation? Uber may permanently deactivate for activities such as: Engaging in serious illegal activity while using the Uber app; Not maintaining valid vehicle registration or driver’s license; and Receiving serious traffic citations, or several traffic citations that indicate unsafe driving, while using the Uber app.

Safe Driving Riders expect drivers using the Uber app to drive safely at all times.

What leads to deactivation? Uber will deactivate the account of any driver who receives several or serious complaints of poor, unsafe or distracted driving while using the Uber app.

Firearms Ban Our goal is to ensure that everyone has a safe and reliable ride. That's why Uber prohibits riders and drivers from carrying firearms of any kind in a vehicle while using our app.

Anyone who violates this policy may lose access to Uber.

Accurate Personal Information The Uber app is designed to give riders identifying information about drivers and their vehicles, like their name, profile picture, vehicle model and license plate number, before the trip begins. Inaccurate or outdated information creates confusion among riders and can diminish their experience with Uber.

What leads to deactivation? We will deactivate for activities such as: Providing Uber with inaccurate information; Allowing someone else to use his or her account; and Taking a trip using an unapproved vehicle.

In addition, we will take action to prevent any driver whose required documentation becomes invalid—like a driver’s license that expires—from going online until the driver provides Uber with updated information.

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Background Checks All drivers wanting to use the Uber app are required to undergo a screening process to ensure safety and compliance with our criteria.

What leads to deactivation? We will permanently deactivate a driver’s account if subsequent screening steps uncover a violation of Uber’s safety standards or of other criteria required by local regulators.

Unacceptable Activities To maintain the transparency and safety of the Uber platform for all users, activities conducted outside of the monitored system of the Uber app—like anonymous pickups—are prohibited.

What leads to deactivation? We will take action against a driver for activities such as: Accepting illegal street hails while using the Uber app;Harming the business or brand, like unauthorized use of Uber‘s trademark or intellectual property, or otherwise violating the drivers’ agreement with Uber; and Soliciting payment of fares outside the Uber system.

DISCRIMINATION Uber’s mission is to connect riders to transportation as reliable as running water, everywhere for everyone. We do not tolerate discrimination on our platform.

What leads to deactivation? It is unacceptable to refuse to provide services based on characteristics like a person’s race, religion, national origin, disability, sexual orientation, sex, marital status, gender identity, age or any other characteristic protected under relevant country or city law. Actions like these will result in permanent deactivation.

We want to help increase the transportation options for riders with disabilities. That’s why we have information available for drivers on this topic. We expect drivers using the Uber app to comply with all relevant city, country and local laws governing the transportation of riders with disabilities, including transporting service animals.

GETTING BACK ON THE ROAD AFTER DEACTIVATION If your account has been deactivated, you may be eligible for reactivation under certain circumstances. Contact Uber for more information.

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Last updated: October 13, 2016

[1] This policy does not apply to drivers using the Uber app for UberRUSH and UberEATS.

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Community Guidelines: How Uber Enforces our Guidelines (accessed on 1/31/2020 at https://www.uber.com/legal/en/document/?name=general-community- guidelines&country=united-states&lang=en)

Losing access to the Uber apps may be disruptive to your life or to your business. That’s why we believe it is important to have clear standards that explain the circumstances in which you may lose access to the Uber apps. If you violate any applicable terms of use, terms of the contractual agreement you agreed to when signing up for an account with Uber, or any of these Community Guidelines, you can lose access to the Uber apps. And if you have more than one Uber account, such as a rider account and a driver account, violating the Community Guidelines could also lead you to lose access to all Uber accounts.

Uber receives feedback through a variety of channels, reviews reports submitted to our customer support team that may violate our Community Guidelines, and may investigate through a specialized team. If we are made aware of potentially problematic behavior, we may contact you so we can look into it. We may, at our sole discretion, put a hold on your account or turn your account inactive until our review is complete.

Not following any of our guidelines may result in the loss of access to your Uber accounts. This may include certain actions you may take outside of the app, if we determine that those actions threaten the safety of the Uber community, or cause harm to Uber’s brand, reputation, or business. And if the issues raised are serious or a repeat report, or you refuse to cooperate, you may lose access to the Uber apps. Any behavior involving violence, sexual misconduct, harassment, discrimination, or illegal activity while using the Uber apps can result in the immediate loss of access to the Uber apps. Additionally, when law enforcement is involved, we will cooperate with their investigation in accordance with our Guidelines for Law Enforcement Authorities for the US here and for Canada here.

Lastly, all drivers and delivery people wanting to use the Uber apps undergo a screening process, including motor vehicle record and background checks. A driver or delivery person will lose access to their Uber account(s) if a routine motor vehicle record or background check uncovers a violation of Uber’s Community Guidelines or other criteria required by local regulators.

To read more about our Community Guidelines, go here.

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Riders and customers can access Terms of Use for Uber and Uber Eats for the United States here and Terms and Conditions for Canada here and Terms of Service for JUMP Bikes here. Drivers and delivery people can access their legal agreement with Uber here.

Getting back on the road after deactivation

If you’re a driver and you lose access to your Uber account for a low star rating, you may have the opportunity to get back on the road if you provide proof that you’ve successfully taken a quality improvement course offered by third-party experts, available online in all US and Canadian cities, and in person in certain US and Canadian cities. Check with your local Uber team or help.uber.com to find out more.

Last updated: December 3, 2019

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