Grofyy – Comprehensive Liability Waiver for Ridesharing and Accommodation Services

1.1 Ridesharing Risks

You understand and accept that ridesharing through Grofyy involves significant risks, including but not limited to:

• Vehicle Accidents or Collisions

  Mechanical failures, driver error, adverse weather, or road conditions can result in injuries, death, or property damage.

• Reckless or Negligent Driving

  Captains or third parties on the road may fail to follow traffic laws, endangering Passengers.

• Exposure to Criminal Activities

  Theft, assault, harassment, or other crimes can occur before, during, or after a ride.

• Sexual Assault or Other Violent Crimes

  There is a risk of serious criminal offenses, including sexual assault, physical assault, stalking, kidnapping, or abduction, which may be perpetrated by Captains, Passengers, or third parties.

• Traffic Violations or Fines

  Local regulations (e.g., speeding, parking) can result in penalties that Grofyy does not monitor or control.

• Property Loss or Damage

  Personal belongings brought into a Captain's vehicle may be lost, stolen, or damaged.

1.2 Accommodation Risks

You acknowledge and accept that using Grofyy to find or list accommodations carries substantial risks, which may include:

• Misrepresentation or Inaccuracy of Property Listings

  Property Listers may provide incomplete, inaccurate, or deceptive information about the property's condition, location, or amenities.

• Unsafe or Unsanitary Conditions

  Hidden hazards (e.g., mold, structural defects, pests) can pose health or safety threats.

• Disputes Over Lease Terms, Rent, Deposits, or Damage

  Conflicts about payments, security deposits, or property upkeep remain solely between the Lister and Renter.

• Violent or Criminal Behavior

  Sexual assault, physical assault, theft, or abduction can occur at any property, perpetrated by landlords, tenants, neighbors, or third parties.

• Local Law Compliance

  Property Listers may fail to follow zoning, short-term rental, or insurance rules, causing legal complications for Renters.

1.3 User-Driven Due Diligence

Grofyy does not conduct background checks, driving history checks, credit checks, or criminal record checks on any user (including Captains, Passengers, Property Listers, Renters). You are solely responsible for:

• Verifying a Captain's insurance, driver's license, and vehicle safety.
• Confirming a Property Lister's ownership or authority to rent and the property's habitability.
• Researching local laws and regulations (e.g., cross-border travel requirements, landlord-tenant statutes).
• Taking personal safety measures, such as meeting in public areas or informing a friend of your location.

1.4 Minors

If minors are allowed to use the Services in certain jurisdictions (with guardian consent):

• The parent or legal guardian assumes all risks on behalf of the minor.
• Grofyy disclaims all liability for any harm, injury, or wrongdoing that occurs to or is caused by a minor using the Services.

2.1 Broad Release

To the fullest extent permitted by law, you voluntarily waive, release, and forever discharge Grofyy, its subsidiaries, officers, directors, employees, agents, affiliates, and successors (collectively, the "Released Parties") from any and all claims, actions, damages, or liabilities (including legal fees) arising out of or related to:

• Accidents, Injuries, or Death

  Physical harm, emotional distress, or fatalities resulting from ridesharing or property stays.

• Sexual Assault, Physical Assault, Abduction, or Other Criminal Acts

  Any violent act or crime committed by users or third parties that you may encounter due to the Services.

• Unsafe or Unsanitary Property Conditions

  Including but not limited to structural defects, fire hazards, toxic substances, or inadequate security.

• Financial Disputes

  Disagreements involving rent, deposits, lease terms, or cost-sharing for rides.

• Any Acts, Omissions, Misconduct, or Negligence by Other Users

  Behavior by Captains, Passengers, Property Listers, Renters, or unrelated third parties connected to the Services.

2.2 Known and Unknown Claims

You expressly waive any legal protections applicable to unknown or unsuspected claims at the time of agreeing to this Waiver, including statutory rights (like California Civil Code § 1542 or analogous laws elsewhere) that would otherwise limit this release to known claims.

3.1 User Content & Listings

Grofyy does not warrant the accuracy, reliability, or legality of any user-generated content (e.g., ride descriptions, property listings, photos, reviews). Users assume all risks from relying on such content.

3.2 Service "AS IS"

All Services, including ridesharing and accommodations, are offered "AS IS" and "AS AVAILABLE," without warranties (express, implied, or statutory) of merchantability, fitness for a particular purpose, non-infringement, or continuous availability.

5.1 No Indirect Damages

Under no circumstances shall Grofyy be liable for indirect, special, consequential, exemplary, incidental, or punitive damages, including lost profits, reputational harm, emotional distress, or property damage.

5.2 Cap on Liability

If, despite the provisions herein, Grofyy is found liable for any claim:

• Total Cumulative Liability: The maximum aggregate liability of Grofyy is limited to the amount (if any) you have paid to Grofyy in the preceding twelve (12) months.
• No Fees: If you have not paid any fees, Grofyy's total liability is zero (0).

5.3 Jurisdictional Variations

Certain jurisdictions do not permit the exclusion or limitation of liability for certain acts (e.g., gross negligence, willful misconduct). In such regions, the above limitations apply only to the extent permissible under local law.

6.1 No Guarantee of Safety

Grofyy is not a law enforcement agency or security firm and cannot guarantee user safety or the absence of violent or criminal behavior, including sexual assault, abduction, or physical assault.

6.2 Personal Risk

By using the Services, you acknowledge the risk of encountering individuals who may commit violent or criminal acts, and that Grofyy does not screen for such behaviors.

6.3 Reporting and Emergencies

• If you believe you or someone else is in immediate danger, contact local law enforcement (e.g., call 911 in the U.S.).
• Grofyy may, at its discretion, suspend or terminate accounts in response to credible reports of dangerous or illegal conduct but is not a substitute for police or emergency services.

7.1 Jurisdiction

This Waiver is governed by the same laws and dispute resolution provisions specified in Grofyy's T&Cs. All claims or disputes shall be brought in the appropriate courts as designated by your local jurisdiction or by mandatory consumer protection laws.

7.2 Severability

If any part of this Waiver is found invalid or unenforceable by a court of competent jurisdiction, the remaining sections remain in full force. The invalid provision will be modified only as necessary to comply with local legal requirements.

7.3 Entire Agreement

This Waiver, together with Grofyy's T&Cs and any other policies referenced, constitutes the entire agreement concerning liability between you and Grofyy, superseding all prior understandings or agreements (oral or written).