These Terms cover PairMee on pairmee.com and app.pairmee.com. They work together with our Privacy policy.
Read this first
PairMee is a matching layer, and that is all. We do not drive, we do not order taxis and we do not collect fares. What happens before, during and after a ride is between you and the other users, and is your responsibility. In an emergency contact the emergency services immediately: we cannot see the ride and we cannot send help.
Summary
This is a short summary to help you get the gist. The full text below is what binds, and if the summary and the full text ever disagree, the full text wins.
- PairMee is a technology platform that connects people travelling to the same event or in the same direction. That is what we do, and that is all we do.
- We do not drive anyone, operate vehicles, order taxis, choose a taxi company or a driver, or collect the fare.
- Once a match is made, the actual arrangement — ordering the taxi or taking the private car, the meeting time, the pickup point and how the cost is split — is between you and the other users, and is your responsibility.
- You sign in with a Google account or with a one-time code sent to your email. That is a secure way into your account, not identity verification. We do not check identity documents and we do not run background checks.
- You decide who you travel with, and whoever posted the ride decides who to approve.
- We cannot see the ride as it happens and we cannot send help. In an emergency, contact the emergency services immediately.
- You can browse event pages without signing in and without accepting these terms. Acceptance is required when you want to post a ride or ask to join one.
- The platform is for people aged 18 and over, based on your own declaration.
- If you are in Israel, Israeli law applies and disputes go to the courts in Israel. If you are outside Israel, including in the United States, disputes are resolved by individual arbitration and you waive class actions, unless you opt out within 30 days. See section 28.
- Anyone under 13 may not use the Platform at all, and we delete such data when we learn of it.
1. Introduction and acceptance
1.1. The PairMee platform — including the website at pairmee.com, the app at app.pairmee.com and the event pages within them (together: the "Platform") — is operated by Bar Ziv Neuman ("PairMee", "we" or "us").
1.2. These terms of use (the "Terms") apply to and govern your use of the Platform. Please read them carefully: they affect your rights and your responsibilities.
1.3. Browsing only. Event pages and other open content can be viewed without an account and without actively accepting the Terms. The Terms apply to your use of the Platform at this stage too, but simply browsing is not an active acceptance on your part, and we do not record one.
1.4. Active acceptance. Before your first participation action (as defined in section 2.12) you will be asked to accept the Terms on a dedicated screen. That acceptance is an active step you take, it is recorded by us, and it is a condition of performing participation actions on the Platform.
1.5. If you do not agree to the Terms, in whole or in part, you may not perform participation actions on the Platform, and we ask that you refrain from using it.
1.6. Accompanying documents. Alongside the Terms we make two further documents available to you, whose status differs from that of the Terms:
- The safety guidelines — a separate document, intended to help you take sensible precautions. You will be asked to confirm that you have read them as part of the acceptance under section 1.4. The guidelines are recommendations, and do not create additional contractual obligations on your part or ours.
- The privacy policy — an informational document explaining what personal information we collect and process, and how. The privacy policy is not an agreement and is not part of these Terms. See section 23.
1.7. If the Terms conflict with any other document on the Platform, the Terms prevail, unless that document expressly states otherwise.
1.8. The Hebrew version of these Terms is written in the masculine form for convenience only and is intended for all users alike.
1.9. Electronic signature and record. Ticking the acceptance box and pressing the confirmation button is your electronic signature on these Terms, within the meaning of the Israeli Electronic Signature Law, 5761-2001, and, for users outside Israel, of the laws that give effect to electronic signatures and records, including the United States E-SIGN Act. We keep the record of that acceptance as described in the privacy policy. You may ask us for a copy of the version you accepted at the address in section 30.
1.10. Languages. These Terms are published in Hebrew and in English and the two versions are intended to be one and the same document. If they nonetheless differ, the Hebrew version prevails for a user in Israel and the English version prevails for a user outside Israel.
2. Definitions
In these Terms, the following words have the meanings set out beside them:
2.1. "User" — any person who uses the Platform, whether or not they have opened an account.
2.2. "Account" — a personal account on the Platform, opened by signing in with a Google account or with a one-time code sent to an email address.
2.3. "Ride" — an offer or a request published by a user on the Platform for travel from an origin to a destination at a given time.
2.4. "Ride creator" — the user who published the ride on the Platform.
2.5. "Join request" — a user's approach to a ride creator asking to join a ride they published.
2.6. "Match" — the Platform showing you a ride or a user, based on route, timing and other details entered by users. A match is the presentation of information and nothing more; it is not a recommendation, an endorsement or a guarantee by PairMee in respect of any user or any ride.
2.7. "Shared taxi ride" — a ride in which two or more users intend to order a licensed taxi themselves and split the cost of the ride between them.
2.8. "Private car ride" — a ride in which a user travels in their own private vehicle and offers others the opportunity to join.
2.9. "Event page" — a page on the Platform gathering rides connected to a particular event.
2.10. "Event organizer" — a party organizing an event, who distributes a link to the event page among the event's audience.
2.11. "User content" — any content a user has provided or uploaded to the Platform, including profile details, ride descriptions, notes, chat messages, ratings and feedback.
2.12. "Participation action" — publishing a ride, submitting a join request, approving or declining a join request, or using the communication channel between users. Browsing the Platform, including event pages, is not a participation action.
2.13. "User in Israel": a user who resides in Israel, or who uses the Platform in connection with a ride whose origin or destination is in Israel.
2.14. "User outside Israel": any user who is not a user in Israel, including a user who resides in the United States.
3. What PairMee is and what its role is
What we do
3.1. PairMee is a technology platform that connects users travelling to the same event or in the same direction, and lets them find one another, approach one another and arrange a shared ride between themselves.
3.2. To that end we make available search and matching tools, the ability to publish a ride, the ability to ask to join a ride published by another user, the ability to approve or decline join requests, and a communication channel between users who have matched.
What we do not do
3.3. PairMee does not provide transport services and is not a party to any ride or to any arrangement between users. In particular, PairMee does not:
- carry passengers, and does not operate, hold or control any vehicle;
- employ drivers, and does not contract with drivers or with taxi companies;
- choose, recommend or rank a taxi company or a taxi driver;
- order a taxi, summon a taxi or dispatch a ride;
- collect the fare, transfer it or act as a party to it;
- supervise how a ride is carried out or how users behave during it.
3.4. We do not request and do not collect identity documents or other official documents for the purpose of verifying identity, and we do not perform identity verification or background checks. Nor do we check driving licences, vehicle roadworthiness or insurance, and we do not check whether the details users provide about themselves, their rides or their vehicles are correct.
3.5. Ratings, the number of completed rides, badges or any other indicator shown on the Platform reflect earlier activity on the Platform and information users have provided. They are information only, and are not a recommendation, an endorsement, a safety assurance or a guarantee from us.
3.6. We do not undertake that a match will be found for you, that a ride you published will receive join requests, that a request you submitted will be approved, that a ride will take place, that you will reach your destination, or that you will reach it on time. The Platform depends on what other users do, and we do not control that.
3.7. Not a transport operator under any licensing regime. PairMee is not a taxi operator, a taxi station, a dispatch centre, a ride-hailing or transportation network company, a carrier, a travel agent or a broker of transport, under the Israeli Transport Ordinance and the regulations made under it or under the law of any state of the United States or any other country. No ride is offered, sold or arranged for reward through the Platform, and PairMee does not receive any part of any fare or cost contribution.
3.8. An intermediary for user content. Rides, profiles, messages, ratings and every other piece of user content are provided by users, who alone are responsible for them. PairMee hosts and displays that content and is not its author, publisher or speaker. Where we review, remove or restrict content in good faith under section 14 or section 16, that does not make us responsible for content we did not remove.
4. Opening an account, signing in, and eligibility
4.1. Viewing event pages and other open content on the Platform does not require opening an account, signing in, or accepting the Terms.
4.2. Opening an account, signing in and accepting the Terms under section 1.4 are required in order to perform a participation action.
4.3. Signing in is done using your Google account or a one-time code sent to your email address. This is a means of signing in to an account, and nothing more. It is not identity verification, and it does not indicate that the details a user has provided about themselves are correct.
4.4. The Platform is intended for people aged 18 and over. Before your first participation action you will be asked to declare that you are 18 or older. This is your own declaration. PairMee does not verify age, does not collect a date of birth and does not check documents. A user who does not so declare will not be able to perform participation actions.
4.5. You confirm that the details you provided when opening your account and during use are correct, accurate and up to date, and that you are using the Platform in your own name and on your own behalf only.
4.6. The account is personal. You may not transfer it to another person, allow another person to use it, or impersonate anyone. You are responsible for keeping your sign-in credentials secure.
4.7. You are not required by law to give us the details we request, but without them we cannot make some of the Platform's services available to you.
4.8. Under 13 and under 18. The Platform is not directed at children. A person under 13 may not use the Platform in any way, including browsing, and we do not knowingly collect personal information from a child under 13. A person under 18 may not open an account or perform participation actions. If we learn that an account belongs to a person under 18 we will close it, and if we learn that we hold personal information of a child under 13 we will delete it. If you believe a child has given us information, write to us at the address in section 30.
5. How the Platform is used
5.1. Through the Platform you can, among other things, search for rides, view rides published by other users, publish a ride of your own, ask to join a ride, approve or decline join requests to a ride you published, and communicate with users you have matched with.
5.2. Search results and matches are based on the details you entered and the details other users entered. We do not verify those details, and we do not undertake that they are complete, accurate or current.
5.3. The ride creator is the one who decides which join requests to approve. Approving or declining a request is at the ride creator's discretion, and PairMee does not intervene in that decision and is not responsible for it.
5.4. The exact pickup point and further coordination details are revealed between users at the stage at which they choose to reveal them to one another, and not before. You decide which personal details to share, and with whom.
5.5. We do not undertake that any particular feature of the Platform will be continuously available; see section 17.
7. Rules that apply to every match
7.1. Every match made on the Platform is a starting point for coordination between users, and nothing more. A match in itself does not create an obligation on any user to take the ride, and does not create any obligation on PairMee.
7.2. You decide whether to contact another user, whether to meet them and whether to travel with them. The decision, at every stage, is yours.
7.3. The actual ride arrangements — including the meeting time, the pickup point, the route, luggage, changes and cancellations — are coordinated between the users and are their responsibility.
7.4. Other users on the Platform are not our representatives, do not act on our behalf, and we are not responsible for their acts or omissions.
8. Private car rides
8.1. In a private car ride, the vehicle belongs to another user or is in their use, and the driver is that user. This is not a taxi, and it is not a PairMee vehicle or a vehicle on our behalf.
8.2. We do not check the driver, their driving licence, the vehicle, its roadworthiness, or whether any insurance exists and what it covers. The decision whether to travel in another user's vehicle, or to carry another user in your own, is yours alone.
8.3. Before you first take part in a private car ride you will be shown a dedicated acknowledgment concerning private car rides, and asked to confirm it. The acknowledgment is recorded by us only after you have actively confirmed it. Showing it, or showing any other notice or warning on the Platform, is not in itself a confirmation by you. We may show you the acknowledgment again and ask you to confirm it afresh after a material update to its content.
8.4. As at the date of this version, PairMee does not display a suggested contribution amount towards the costs of a private car ride. Where users choose to share the costs of a ride between them, the arrangement is between them, in accordance with any law, and PairMee is not a party to it, does not set its amount and does not collect it.
8.5. A driver carrying others in their private vehicle is responsible for complying with every law that applies to them, including as regards licensing, the vehicle, insurance and the limits that apply to sharing ride costs. Nothing in these Terms permits or authorises the use of a private vehicle to carry passengers for reward or to provide transport services, and such use is prohibited on the Platform.
8.6. Insurance and local law. A private motor insurance policy may not cover the carriage of passengers who contribute to costs, and some countries and some states of the United States regulate or restrict cost sharing in private cars. Before you offer or accept a private car ride, check your own policy and the law that applies where the ride takes place. PairMee does not check either of them for you.
9. Rides and options connected to events
9.1. An event page gathers rides published by users in connection with a particular event. The rides shown on an event page are users' rides, and are not transport provided by the event organizer or by PairMee.
9.2. An event organizer may distribute a link to the event page among the event's audience. Distributing the link does not make the event organizer a transport provider, does not make PairMee a transport provider, and does not create an obligation on either of them to carry you or to secure you a ride. In respect of rides published by users, PairMee's role on an event page is matching between users only. Showing information about official transport supplied by the event organizer, as set out in section 9.4, does not make PairMee the provider of that transport.
9.3. An event organizer may receive from us aggregate, non-identifying information about activity on their event page. Details are set out in the privacy policy.
9.4. Where an event page shows information about official transport provided by the event organizer, that information originates with the organizer, and responsibility for it — including for the transport existing, its times, its availability, its price and its performance — lies with the event organizer alone.
9.5. We do not undertake that rides will be found for any event, that a ride will be found for you, that you will reach the event, or that you will reach it on time.
10. Your responsibilities
10.1. You are fully responsible for your use of the Platform and for your decisions, including:
- for choosing whether to contact another user, whether to meet them and whether to travel with them;
- for your impression of another user and your decision whether to approve them joining a ride you published;
- for deciding which personal details to share with other users, including your address, telephone number and travel plans;
- for coordinating the actual ride and the arrangements around it;
- for taking personal precautions and for decisions in an emergency;
- for the accuracy and lawfulness of the details and content you provide;
- for complying with every law that applies to you, including as regards driving, licensing, insurance and tax.
10.2. We do not require you to give another user your address, your telephone number or other personal details. If you choose to give them, you do so at your own risk.
11. Safety and interactions between users
11.1. Using the Platform involves meeting and travelling with people you do not know. We ask you to read this section carefully.
11.2. We cannot see the ride as it happens, we do not accompany it, and we have no ability to intervene in it, locate you or send help. In an emergency, or when you feel unsafe, contact the emergency services immediately (in Israel: 100 for police, 101 for medical services), and only afterwards report it to us.
11.3. The safety guidelines we publish on the Platform are recommendations intended to help you take sensible precautions. They do not assure your safety, and they do not transfer to us any responsibility for how another user behaves.
11.4. You are aware that meeting and travelling with people you do not know involves risks, including the risk of injury to person and property, and you choose to use the Platform of your own free will and in awareness of that. Nothing in this section derogates from any right conferred on you by law.
11.5. Assumption of risk (users outside Israel). If you are a user outside Israel, then to the fullest extent permitted by the law that applies to you, you knowingly and voluntarily assume all risks arising from meeting, communicating with or travelling with other users, including in a private car, and you release PairMee from claims arising from those risks, except where the claim is based on our own fraud, gross negligence or wilful misconduct, or where the law does not permit such a release. For a user in Israel, section 11.4 applies instead.
12. Women-only option
12.1. The Platform allows a user to mark a ride she has published as a women-only ride. Such a ride is shown only to users who have stated in their profile that they are women.
12.2. The filter is based on gender information that users provide about themselves. We do not verify that information and we have no means of verifying it. Accordingly, we cannot undertake that everyone taking part in a ride marked as women-only is in fact a woman.
12.3. This is a filtering and preference tool, intended to widen the choices available to users. It is not a safety assurance, and it does not reduce your responsibility to take precautions as set out in section 11.
12.4. In such a ride too, the ride creator decides who to approve.
13. Payments and arrangements between users
13.1. As at the date of this version, use of the Platform by end users is free of charge to PairMee. Nothing in this constitutes an undertaking that PairMee's services, in whole or in part, will be provided free of charge in future.
13.2. PairMee does not process payments for rides, does not collect fares, does not hold users' money and does not transfer money between users. Every financial arrangement between users — including payment to a taxi, splitting the cost of the ride, contributions to costs, cancellations and refunds — is made between the users themselves and is their responsibility.
13.3. PairMee is not a party to financial arrangements between users and is not a party to any dispute arising from them. We do not decide such disputes and we bear no responsibility for them.
13.4. Separating platform fees from ride fares. We may in future offer paid features or services. Any such payment, if and when charged, is a payment to PairMee for use of the Platform only, and does not make PairMee a party to a ride, a transport provider, or a party collecting the fare. The price and its terms will be shown to you in advance and clearly, and where an update to these Terms is required, section 25 applies.
13.5. Services for event organizers. Services we make available to event organizers — including pilots, collaborations and commercial engagements — may be governed by a separate agreement between us and that organizer. Such an agreement applies to the relationship between us and the organizer only. It does not alter these Terms, does not derogate from your rights under them, and does not create any obligation of the event organizer towards you or of ours towards you beyond what these Terms provide.
13.6. If we ever offer a subscription. Any future recurring charge will be introduced only with these safeguards: the price, the billing period and the cancellation terms shown clearly before you agree; your separate, affirmative consent to the recurring charge; a written confirmation sent to you; a way to cancel online that is as easy as the way you signed up; and advance notice of any price change. For a user in Israel, the remote sale and continuing transaction provisions of the Consumer Protection Law, 5741-1981, apply in addition. For a user in a state of the United States with an automatic renewal law, that law applies in addition.
14. User content
14.1. You are responsible for the user content you provide, including its accuracy, its lawfulness and the fact that it does not infringe the rights of any third party.
14.2. In providing user content you grant us a non-exclusive, royalty-free, worldwide licence to host, store, reproduce, adapt for display and display it, to the extent required to operate the Platform and to show the content to the relevant users, including through the service providers that host the Platform for us. That licence does not transfer ownership of your content to us, and it ends when the content is deleted, except for copies kept in ordinary backups for a limited period or where the law requires us to keep them.
14.3. We do not review user content in advance and do not monitor it on an ongoing basis. We may, but are not obliged to, remove user content or limit its display, including where there is a concern that these Terms or any law have been breached.
14.4. Ratings and feedback provided by users reflect their personal view only.
14.5. Ratings and reviews must be genuine. A rating may be given only by a user who actually took part in the ride with the user being rated. We do not pay for ratings, we do not accept payment for them, and we do not remove or hide a rating because it is negative. We may remove a rating that is abusive, that was not given by a ride participant, or that we reasonably believe is false or was given in exchange for something of value.
14.6. User content is the responsibility of the user who provided it. We are not the publisher or speaker of user content, we do not endorse it, and we do not undertake to verify it. If you believe content on the Platform is unlawful or infringes your rights, section 21 explains how to tell us.
15. Prohibited use
15.1. In using the Platform you will not do any of the following, among others:
- use it for an unlawful purpose, or in a way that breaches any law;
- provide false details about yourself, your age, your gender, your ride or your vehicle, or impersonate another person;
- harass, threaten, stalk, humiliate or harm another user, or unlawfully discriminate against another user;
- upload content that is offensive, threatening, inciting, misleading, infringing or unlawful;
- use the Platform for advertising or commercial promotion, including offering transport services for reward;
- systematically collect information about users from the Platform, including by automated means;
- attempt to break into the Platform, disrupt its operation, circumvent security mechanisms or overload it;
- use the Platform in another user's name, or after your access has been limited or suspended.
- use the Platform, or any data obtained from it, to train or fine-tune a machine learning or artificial intelligence model, or copy content from it for that purpose;
- use the Platform if you are under 18, or on behalf of a person under 18;
- use the Platform if you are a person or entity with whom dealings are prohibited under the sanctions laws of Israel, the United States or the country in which you are located.
15.2. Using the Platform contrary to this section may expose you to civil or criminal liability under any law, in addition to the steps set out in section 16.
16. Blocking, reporting and suspension
16.1. The Platform allows you to block another user. Blocking prevents interaction between you and that user on the Platform.
16.2. The Platform allows you to report a ride or a user's conduct to us. A report reaches us, and may be reviewed and handled according to the circumstances and in our reasonable discretion. We do not operate a continuously staffed desk, we do not undertake a response time, and reporting to us is not a substitute for contacting the police or the emergency services. Where the circumstances warrant it, contact them directly and first.
16.3. We may limit, suspend or terminate your access to the Platform, in whole or in part, including where there is a reasonable concern that these Terms or any law have been breached, where there is a concern of harm to another user or to the Platform, or where safety requires it. Where circumstances allow, we will let you know.
16.4. You may close your account at any time. Closing an account does not derogate from obligations that arose beforehand.
16.5. Repeat infringers. We may close the account of a user who repeatedly provides content that infringes the rights of others, as set out in section 21.
17. Availability and changes to the Platform
17.1. The Platform's operation also depends on factors outside our control, including communications networks, infrastructure and cloud providers, map and location providers, operating systems and app stores.
17.2. The Platform is made available to you as is and as available. We do not undertake that using it will be free of faults or interruptions, or that every feature will be available at all times.
17.3. We may change the Platform, add or remove features, and discontinue it or part of it. Where a material change impairs your ability to make meaningful use of the Platform, we will give notice in advance where possible.
17.4. Section 26 (force majeure) applies to events outside our reasonable control. Nothing in this section relieves us of responsibility for damage caused by our own act or omission, to the extent that such responsibility cannot be excluded by agreement under any law.
18. PairMee's responsibility and limitation of liability
18.1. We work to maintain and operate the Platform reasonably and in accordance with the law that applies to us.
18.2. Subject to any law, PairMee will not be responsible for:
- the acts or omissions of other users, before, during or after a ride, including injury, loss, theft, harassment, discrimination or damage caused by another user;
- the acts or omissions of taxi drivers, taxi companies, private car drivers, event organizers or any other third party;
- the condition of any vehicle, the existence or scope of any insurance, or the licensing of any driver;
- the accuracy, completeness or currency of information provided by users, including ride details, profile details and gender information;
- a match not being made, a join request not being approved, a ride being cancelled or not taking place;
- delay, a change of route, failure to reach a destination or failure to reach an event;
- financial arrangements between users and disputes arising from them;
- a fault, interruption, loss of data or unavailability of the Platform arising from a cause outside our reasonable control, including at a third-party provider.
18.3. Users in Israel. For a user in Israel, our liability under these Terms is limited to direct damage only, and is subject to any law. This section does not exclude or limit liability that cannot be excluded or limited by agreement under Israeli law, including under the Standard Contracts Law, 5743-1982, and it does not exclude our liability for damage caused by our own negligence where the law does not allow that liability to be excluded.
18.4. Users outside Israel: no warranty. For a user outside Israel, to the fullest extent permitted by law: the Platform is provided as is and as available, without warranty of any kind, whether express, implied or statutory, including any implied warranty of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, or that the Platform will be uninterrupted, error-free or secure. No advice or information obtained from us or through the Platform creates any warranty that is not stated in these Terms.
18.5. Users outside Israel: excluded damages and cap. For a user outside Israel, to the fullest extent permitted by law: PairMee will not be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for loss of profits, revenue, data, goodwill or opportunity, arising out of or in connection with the Platform or these Terms, however caused and under any theory of liability, even if we were advised of the possibility of such damages. Our total aggregate liability to you for all claims arising out of or in connection with the Platform or these Terms will not exceed the greater of one hundred United States dollars (USD 100) and the amount you paid to PairMee in the twelve months before the event giving rise to the claim.
18.6. What the cap does not touch. Sections 18.4 and 18.5 do not exclude or limit liability for death or personal injury caused by our negligence, for our fraud or fraudulent misrepresentation, for our gross negligence or wilful misconduct, or for any other liability that the law applying to you does not allow to be excluded or limited. Where the law of the place where you live does not allow a particular exclusion or limitation, that exclusion or limitation does not apply to you, and the rest of this section applies to the extent permitted. If you are a resident of New Jersey, sections 18.4 and 18.5 apply to you only to the extent permitted by New Jersey law.
18.7. We do not insure you, the other users, the ride or the vehicles, and we do not provide insurance cover of any kind. Whether insurance cover exists for a particular ride is a matter between the users and their insurers.
19. Indemnity
19.1. Subject to any law, if a third-party demand or claim is brought against us, our operator or the people who work with us, arising from any of the following, you will indemnify us for the reasonable damage, loss and expense we incur as a result, including reasonable legal fees:
- your breach of these Terms;
- an unlawful act or omission of yours;
- user content you provided;
- a ride you published, joined or carried out, including the use of your vehicle, the state of your vehicle, your driving, or the absence or inadequacy of your insurance;
- your interaction with another user, on or off the Platform.
19.2. This indemnity applies provided that we notified you of the demand or claim within a reasonable time and allowed you to take part in defending against it. We may assume the defence of any matter that is subject to this indemnity, at our own expense, and you will cooperate with us reasonably. You may not settle a matter that imposes an obligation on us without our written consent.
19.3. The indemnity does not apply to the extent that the demand or claim arises from our own negligence, breach of these Terms or unlawful act, and for a user in Israel it applies only to the extent permitted by the Standard Contracts Law, 5743-1982.
20. Intellectual property
20.1. All rights in the Platform, including in the software, the design, the interface, the content we created, the name PairMee and the trade marks associated with it, belong to us or to those who licensed them to us, and your use of the Platform does not grant you any right in them.
20.2. We grant you a personal, limited, non-exclusive and non-transferable licence to use the Platform in accordance with these Terms. You may not copy the Platform, modify it, reverse engineer it, create a derivative work from it or make commercial use of it, unless expressly permitted to you in writing.
20.3. Feedback. If you send us ideas, suggestions or feedback about the Platform, you agree that we may use them without restriction and without owing you anything, and that they do not create a confidentiality obligation on our part. This does not apply to personal information, which is governed by the privacy policy.
20.4. PairMee, the PairMee logo and the names of our features are our trade marks. You may not use them in a way that suggests we endorse you, a ride or a service, without our written permission.
21. Complaints about content, copyright and notice and takedown
21.1. If you believe that content on the Platform is unlawful, defamatory, infringes your privacy or infringes your intellectual property, write to us at the address in section 30 with the subject line "Content complaint". We will review the complaint within a reasonable time and act as the circumstances and the law require. Reporting to us is not a substitute for contacting the police where a crime has been committed.
21.2. Copyright notices. If you are a copyright owner, or authorised to act for one, and you believe your work has been copied on the Platform in a way that infringes your copyright, send us a notice, by email or by post to the addresses in section 30, containing: identification of the work; identification of the content you claim is infringing and enough information for us to locate it; your name, address, telephone number and email address; a statement that you have a good faith belief that the use is not authorised by the copyright owner, its agent or the law; a statement, under penalty of perjury where that applies to you, that the information in the notice is accurate and that you are the owner or authorised to act for the owner; and your physical or electronic signature. This is the notice described in section 512(c) of the United States Copyright Act, and we accept it from anyone, wherever they are.
21.3. What we do with a notice. Where a notice is complete and the content is on the Platform, we remove the content or disable access to it, and we tell the user who provided it that we did so and why, and send them a copy of the notice.
21.4. Counter-notice. A user whose content was removed may send us a counter-notice containing: identification of the removed content and where it appeared; a statement, under penalty of perjury where that applies to them, that they have a good faith belief that the content was removed by mistake or misidentification; their name, address and telephone number; their consent to the jurisdiction of the competent court for the matter; and their signature. We forward the counter-notice to the complainant. Unless the complainant tells us within ten business days that they have started proceedings to restrain the user, we may restore the content.
21.5. A person who knowingly makes a false complaint or a false counter-notice may be liable for the damage it causes, including to us.
21.6. We close the accounts of users who repeatedly infringe the rights of others, as set out in section 16.5.
22. Third-party infrastructure and services
22.1. Some of the Platform's functions rely on third-party infrastructure and services, including hosting and infrastructure services, sign-in services, map and location services and email services. A fault, change or unavailability at such a provider may affect the availability of the Platform or of some of its features.
22.2. Nothing in this section derogates from our responsibility under these Terms or under any law merely because we chose to rely on an external provider.
22.3. The transfer of personal information to such providers, where it occurs, is described in the privacy policy.
22.4. The Platform may include links to third-party websites or services. A link is not a recommendation by us.
23. Personal information and privacy
23.1. In operating the Platform we collect and process personal information. Our privacy policy explains what information is collected, for what purposes, with whom it is shared, how long it is kept and how to contact us about it.
23.2. The privacy policy is an informational document, not an agreement. Accepting these Terms does not constitute consent to the processing of personal information. Where consent is required by law, it will be sought separately and specifically.
23.3. Some of the information you provide is, by the nature of the service, shown to other users on the Platform — for example your first name, your profile picture and the details of the ride you published. The extent and nature of that exposure are set out in the privacy policy.
23.4. We recommend reading the privacy policy before using the Platform.
24. Electronic communications and messages from us
24.1. Notices are electronic. You agree that we may give you every notice, disclosure and record connected with these Terms and the Platform electronically: by email to the address associated with your account, by a push notification you enabled, or by displaying it on the Platform. An electronic notice satisfies any requirement that a notice be in writing. To receive notices you need a device with internet access and an email account; you may keep or print any notice we send, and you may ask us at the address in section 30 for a copy of any notice.
24.2. Operational messages. Messages that are part of the service, such as a join request received, an approval, a ride update, a reminder, a safety notice, a security notice or a change to these Terms, are sent because you use the Platform and are not marketing. You can limit some of them in your preferences, but some are needed for the Platform to work or are required by law and continue for as long as you have an account.
24.3. Marketing messages. We send marketing messages only if you have opted in to receive them. Every marketing message identifies us as the sender, gives our postal address (PairMee, 1000 Brickell Ave, Suite 715, PMB 438, Miami, FL 33131, United States), says that it is a marketing message, and includes a way to unsubscribe through the same channel, which we act on promptly and in any event within the time the law allows. Opting out of marketing does not affect operational messages. For a user in Israel this section applies together with section 30A of the Communications (Telecommunications and Broadcasting) Law, 5742-1982; for a user in the United States it applies together with the CAN-SPAM Act.
24.4. Text messages. As at the date of this version we do not send SMS or other text messages. If we ever do, we will send a text message only with your prior express consent given for that purpose, we will tell you the expected frequency and that message and data rates may apply, and you will be able to stop them at any time by replying STOP. Consent to text messages will never be a condition of using the Platform.
24.5. Withdrawing consent to electronic notices. You can withdraw your consent to receive notices electronically by closing your account. Because the Platform is an online service, we cannot provide it to a user who does not receive electronic notices.
25. Changes to the Terms
25.1. We may update these Terms from time to time, including because of a change in the Platform, in the services or in the applicable law.
25.2. Updated Terms take effect when published on the Platform, and the date of the latest update appears at the top.
25.3. For a material change — including a change concerning the extent of our responsibility, financial charges or your substantive rights — we will notify you in advance by a reasonable means, and will ask you to accept the updated Terms afresh before you continue to perform participation actions on the Platform.
25.4. If you do not agree to the updated Terms, you can stop using the Platform and close your account.
26. Force majeure
26.1. We are not in breach of these Terms, and are not liable to you, for any failure or delay in performing that is caused by an event outside our reasonable control, including war, hostilities, terrorism, a security situation, a state of emergency, missile or rocket fire, a general mobilisation, civil unrest, a strike or lockout not involving our own staff, a natural disaster, an epidemic, a government act or order, a failure of the internet, of electricity or of communications networks, or a failure, outage or change at a third-party provider on which the Platform depends.
26.2. During such an event we will do what is reasonable to keep the Platform available, and we will tell you where we can. Your remedies during such an event are to stop using the Platform and, if you wish, to close your account.
26.3. This section does not affect the rules that apply between users. A ride that does not take place because of such an event is a matter between the users concerned.
27. Users in the United States
27.1. Where we operate from. The Platform is operated from Israel and is intended for rides in Israel. If you use it from the United States or from anywhere else, you do so on your own initiative, and you are responsible for complying with the law that applies where you are.
27.2. Section 230. For the purposes of the Communications Decency Act, 47 U.S.C. section 230, PairMee is a provider of an interactive computer service, and user content is information provided by another information content provider. PairMee is not treated as the publisher or speaker of user content, and good faith restriction of content does not change that.
27.3. Dispute resolution. Section 28 contains an agreement to arbitrate on an individual basis and a waiver of class actions and jury trials, which applies to users outside Israel, including users in the United States, unless you opt out within 30 days. Please read it.
27.4. Privacy rights under state law. The privacy policy has a section for users in the United States that explains the rights available under the state privacy laws and how to exercise them.
27.5. California residents: consumer notice. Under California Civil Code section 1789.3, California users are entitled to the following notice: the Platform is provided by Bar Ziv Neuman, Israel, whose postal address for mail is PairMee, 1000 Brickell Ave, Suite 715, PMB 438, Miami, FL 33131, United States, and who is reachable at bar@pairmee.com. As at the date of this version the Platform is free of charge to users. To resolve a complaint about the Platform or to receive further information about it, write to bar@pairmee.com. The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.
27.6. Referrals and endorsements. A person who receives a fee, a commission or any other benefit from us for introducing an event organizer, a partner or a user must disclose that relationship clearly whenever they recommend PairMee, as the Federal Trade Commission's Guides Concerning the Use of Endorsements and Testimonials require.
27.7. Export and sanctions. You represent that you are not located in a country that is subject to a comprehensive United States embargo and that you are not on any United States government list of prohibited or restricted parties.
27.8. Government users. The Platform is a commercial product and is not designed or licensed for use by government agencies.
28. Governing law, jurisdiction and dispute resolution
28.1. Talk to us first. Before starting any formal proceeding against us, write to us at the address in section 30 with a description of the dispute and what you want us to do. We will do the same before starting a proceeding against you. Each side will make a genuine attempt to resolve the dispute informally for 60 days from the date of the notice. This section does not stop either side from seeking urgent interim relief from a court.
28.2. Governing law. These Terms and the use of the Platform are governed by the laws of the State of Israel, without regard to its conflict of laws rules. If you are a user outside Israel, nothing in this section deprives you of the protection of mandatory consumer protection provisions of the law of the place where you habitually reside, and the arbitration agreement in sections 28.4 to 28.11 is governed by the United States Federal Arbitration Act for a user in the United States.
28.3. Users in Israel: the courts. If you are a user in Israel, jurisdiction over any matter concerning these Terms or the Platform lies with the competent courts in Israel. Nothing in these Terms requires a user in Israel to arbitrate, limits a consumer's right under Israeli law to bring a claim in a court that would otherwise be competent, or restricts the remedies available to a consumer under Israeli law. Sections 28.4 to 28.11 do not apply to a user in Israel.
28.4. Users outside Israel: agreement to arbitrate. If you are a user outside Israel, then except for the matters in section 28.6, you and PairMee agree that any dispute, claim or controversy arising out of or relating to these Terms, the Platform, a ride, or your relationship with us, including its existence, validity, interpretation, performance, breach or termination, and including claims that arose before you accepted this version, will be resolved by binding arbitration on an individual basis, and not in court. This is an agreement to arbitrate, and it is intended to be broadly interpreted.
28.5. How the arbitration works. The arbitration will be administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules in force when the claim is filed, as modified by this section, or, if the AAA is unavailable, by another established arbitration provider agreed by the parties or appointed by a competent court. There will be one arbitrator. The arbitrator applies the governing law in section 28.2, may award the same individual relief that a court could award, and must give a written reasoned decision. The hearing, if any, will be held by video conference or telephone, or, if you prefer an in-person hearing, in the county or region where you live. The AAA rules on fees apply: you pay no more than the consumer filing fee they set, and we pay the rest of the arbitration fees; if the arbitrator finds that a claim was brought in bad faith, fees may be allocated as the rules allow. Judgment on the award may be entered in any court with jurisdiction.
28.6. What is not covered. Either of us may bring an individual claim in a small claims court with jurisdiction, provided it stays in that court and on an individual basis. Either of us may seek an injunction or other equitable relief from a competent court to protect intellectual property, confidential information or the security of the Platform. Nothing in this section prevents you from bringing a complaint to a government agency, and nothing prevents that agency from acting on it.
28.7. Your right to opt out. You may opt out of the agreement to arbitrate by sending an email to bar@pairmee.com, or a letter to PairMee, 1000 Brickell Ave, Suite 715, PMB 438, Miami, FL 33131, United States, within 30 days of the date on which you first accepted a version of these Terms containing this section, with the subject line or heading "Arbitration opt-out", stating your name and the email address of your account. A letter counts as sent on the day you post it. If you opt out, sections 28.4, 28.5, 28.8 and 28.9 do not apply to you, and section 28.10 applies instead. Opting out does not affect any other part of these Terms.
28.8. Class action and jury trial waiver. You and PairMee agree that each of us may bring claims against the other only in an individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated or representative proceeding, and that the arbitrator may not consolidate more than one person's claims or preside over any form of representative proceeding. To the extent permitted by law, you and PairMee each waive the right to a trial by jury. If a court decides that the law applying to you does not allow the waiver of class or representative claims for a particular claim, then that claim, and only that claim, must be brought in court under section 28.10, and the rest of this section continues to apply to every other claim.
28.9. Coordinated proceedings. If 25 or more demands for arbitration are filed against us that raise similar claims and are represented by the same or coordinated counsel, the demands will be administered in batches of no more than 25, with one arbitrator per batch, and a filing fee is payable per batch. Each side may ask the arbitrator to resolve a batch on the papers. This section applies in addition to any mass arbitration procedure of the administrator.
28.10. Court proceedings for users outside Israel. Any claim of a user outside Israel that is not subject to arbitration, whether because you opted out, because section 28.6 applies, or because a court has found the arbitration agreement unenforceable for that claim, will be brought in the competent courts in Israel, and you and we submit to their jurisdiction, except that a claim may be brought in a court of the place where you live where the law applying to you gives you that right and does not allow it to be waived.
28.11. Time to bring a claim. For a user outside Israel, to the extent permitted by law, any claim arising out of or relating to the Platform or these Terms must be brought within one year after the claim arose, or it is permanently barred. This does not shorten a period that the law applying to you does not allow to be shortened.
28.12. Changes to this section. If we change this section after you accepted it, the change does not apply to a claim of which you notified us before the change, and you may reject the change by writing to us within 30 days of being told of it, in which case the version you last accepted continues to apply between us.
29. General
29.1. Severability. If a provision of these Terms is found to be unenforceable or void, the remaining provisions remain in force, and that provision will be interpreted so as to give it effect to the greatest extent possible.
29.2. Waiver. Failure to enforce a right under these Terms is not a waiver of it.
29.3. Assignment. You may not assign your rights or obligations under these Terms. We may assign them to a party stepping into our shoes in operating the Platform, provided that your substantive rights are not impaired.
29.4. No partnership. Nothing in these Terms creates a partnership, agency, employment or fiduciary relationship between you and us, or between you and another user.
29.5. Notices. Notices from us will be sent to the email address associated with your account or displayed on the Platform. Notices to us will be sent to the address in section 30.
29.6. Survival. Sections 3, 7, 8, 10, 11, 13, 14, 18, 19, 20, 21, 24, 26, 27, 28 and 29 continue to apply after your account is closed.
29.7. Entire agreement. These Terms constitute the entire contractual agreement between you and us regarding use of the Platform, and replace any earlier representation or understanding on the subject. The accompanying informational and acknowledgment documents referred to in section 1.6 neither derogate from nor add to it.
29.8. No third-party beneficiaries. These Terms are between you and us. They do not confer rights on any other person, except that our operator and the people who work with us may rely on sections 18 and 19.
29.9. Interpretation. Headings are for convenience only. "Including" means "including without limitation". If a provision can be read in two ways, one of which makes it valid and one of which makes it invalid, the reading that makes it valid applies.
29.10. Accessibility. We publish an accessibility statement for the Platform at pairmee.com/accessibility, describing what the Platform supports, its known limitations and how to contact us about an accessibility problem. That statement is informational and is not part of these Terms.
30. Contact
30.1. The Platform is operated by Bar Ziv Neuman, Israel. Mail may be sent to us at: PairMee, 1000 Brickell Ave, Suite 715, PMB 438, Miami, FL 33131, United States. Having a postal address in the United States does not change where the Platform is operated from, as set out in section 27.1, or the governing law and forum in section 28. For questions, enquiries and reports concerning these Terms or the Platform, for notices under sections 21 and 28, and for an arbitration opt-out, the fastest route is email:
bar@pairmee.com
30.2. Notices to us are effective when received at the email address or the postal address above. Notices to you are given as set out in section 24.