Cruise Terms of Service
Last Revised: June 22, 2022
Welcome to Cruise.
Welcome to an all-electric, autonomous vehicle experience. By riding with us or using our other Services, you’re helping transform transportation and contributing to our mission to create a clean and accessible world. The goals of all-electric autonomous vehicles are reducing car crashes, carbon emissions, and traffic congestion. These goals hope to open a whole new world of mobility, including for those who can’t drive or afford a car. We are driven to connect people with the places, things and experiences they care about. From rides to delivery, Cruise cares about improving life in your city, which is also our city.
So sit back, relax, enjoy your ride, and remember to buckle up.
You can learn more about Cruise LLC (“Cruise”) and access our offerings at our getcruise.com website and through our mobile application (the “Cruise Mobile App”). These Terms of Service, the Cruise Mobile App, our websites, and all other content, materials, or functions included in them are referred to collectively as the “Cruise System”. You can use the Cruise System to register an account and to order and pay for your use of our autonomous vehicles (referred to as the “AV” or “AVs”), including transportation and ridehail (along with any ancillary promotions, features, and offerings, the “AV Services”). We refer to the Cruise System and the AV Services as our “Services”. We welcome and appreciate your voluntary feedback on our products and services, which may be submitted via the Cruise Mobile App or by emailing us at firstname.lastname@example.org to the terms of this Agreement.
Just as Cruise is committed to delivering a safe and pleasant experience to you, we depend on you to make that possible by following our community rules and accepting our terms and conditions. By indicating that you accept these Terms of Service (the “Agreement”), you agree to be bound by its terms and conditions. IF YOU DO NOT ACCEPT AND AGREE TO BE BOUND BY THIS AGREEMENT, YOU MAY NOT ACCESS OR USE THE SERVICES.
Please remember, you must wear your seat belt when riding in one of our AVs.
Please read this Agreement carefully, as it constitutes a legally-binding contract between you and Cruise.
Please note that Section 5 contains an arbitration agreement and class action waiver that requires you to resolve all claims you may have against Cruise, with some exceptions, in individual binding arbitration. Please read this Section 5 carefully.
Table of Contents
Registering an Account. You may set up a Cruise user account (“Account”) at any time by following the instructions provided in the Cruise Mobile App or on the Cruise website. You need to have an active Account to use our Services. To register, you must confirm that you are at least 18 years of age. You may not create an Account or use another user’s Account to access the Services if you are not at least 18 years old. Additionally, you may only create one Account for your use. If Cruise determines that an Account is a duplicate or additional Account of an individual user, we may take the steps necessary to remove or disable the additional or duplicate Account.
Account Information; Payment Method. When you register for your Account, you will be asked to provide some personal information, including a phone number, email address and at least one valid payment method (e.g., a bank-issued credit or debit card or other accepted third-party payment account information) (“Payment Method”). You may add additional accepted Payment Methods to your Account at any time. Make sure the information you provide is accurate, complete, and up-to-date information. You are responsible for ensuring its accuracy and keeping your Payment Method information up-to-date. If your Account information is not accurate, complete, and up-to-date, you may not be able to use our Services.
Account Security and Usage. The security of your Account is important to us. Please provide unique account information, and do not allow anyone else to use your Account. If you do allow someone else to access your Account or use any Services ordered under your Account, you will be responsible for such access or use. Furthermore, you will immediately stop using our Services if you have been suspended or terminated from the Service, and you may not create or use another Account in an effort to circumvent such suspension or termination.
Cruise offers ridehail and other Services to the communities where we operate. Cruise is committed to providing Services that are safe and to promoting positive experiences for our customers and communities. When using the Services, you agree to comply with all applicable laws, rules, and regulations.
Certain Services (or associated promotions, programs, etc.) are subject to additional terms and conditions (“Additional Terms”), such as the Cruise Ridehail Terms and Cruise Community Rules applicable to the AV Services. Additional Terms also include supplemental disclosures that may be required in the jurisdictions where Cruise operates its Services. Additional Terms can be viewed on the Legal Disclosures webpage. Please review the Additional Terms carefully, as they are incorporated by reference into this Agreement and will be binding on you if you agree to this Agreement (or choose to participate in the relevant promotions, programs, etc.).
To the extent any such Additional Terms conflict with the other terms and conditions of this Agreement, the Additional Terms will govern with respect to the specific applicable Service (or associated promotion, program, etc.).
At our sole discretion, we may prohibit your further use of the Services if you fail to comply with any provisions of this Agreement or applicable Additional Terms.
Pricing. Prices for our Services are displayed in the Cruise Mobile App when you request a Service. All prices for our Services are shown in local currency. Additional options for payment may be offered. You may also be required to pay additional amounts in connection with our Services, including cancellation fees, cleaning fees, and fees for damages, as well as applicable taxes, tolls, airport surcharges and other governmental fees. For more details regarding the prices and fees for particular Services, please refer to the Additional Terms for the applicable Service. Prices and fees are subject to change by Cruise at any time.
Payment and Billing. Our goal is to ensure a seamless experience. Accordingly, this Agreement authorizes us to charge your Payment Method for all amounts owed in connection with any use of our Services under your Account. To make this possible, you also authorize us to update information regarding your Payment Method as provided by our payment processor, your issuing bank, or the applicable payment network. Accuracy is important. Prior to the start of your ride, we may also place a temporary pre-authorization hold on your credit card in an amount approximately equal to the anticipated cost of your fare. If there is an error related to your payment, we may correct the error and revise your payment accordingly. You can access your Account history, including any charges resulting from your use of our Services, by logging onto your Account on the Cruise System. Charges paid by you are nonrefundable, unless otherwise determined by Cruise.
Feedback. You may send questions, survey responses, comments, suggestions, ideas, or other feedback related to Cruise or our Services (collectively, "Feedback"). You understand that your submissions are voluntary, and we may use your Feedback without any restriction or obligation to compensate you or keep the Feedback confidential. You represent and warrant that any Feedback you submit (and that Cruise may use) is not confidential, proprietary, or subject to the rights of any third party (including contractual, intellectual property, or privacy rights). If you choose to provide Feedback, such submitted Feedback will automatically become the property of Cruise.
Dispute Resolution and Arbitration
Customer Service. We are committed to providing you with an amazing experience, but when that is not possible we will provide an efficient and effective process for resolving your concerns or claims. If you have any compliments, questions, concerns or complaints regarding our Services, or if you incur any loss, damage or injury related to our Services, please contact Cruise via the Cruise Mobile App or at email@example.com. Please provide: (i) your name, Account information, and preferred contact information, and (ii) a brief description of the event. Our customer service team will contact you for any additional necessary information and attempt to resolve the matter.
Arbitration Agreement. In the event we are not able to resolve your concerns informally, either party may initiate a binding arbitration proceeding administered by Judicial Arbitration Mediation Services (JAMS). You and Cruise each agree to notify the other party of the dispute in writing at least 30 days prior to initiating an arbitration. You must send your notice of dispute to Cruise by email to firstname.lastname@example.org. If Cruise initiates arbitration, Cruise will send its notice of dispute by email to the address on your Account. Your notice of dispute must include: (i) your name, Account information, and preferred contact information, and (ii) a brief description of the events leading to your dissatisfaction or loss, and (iii) your request to resolve the claim. Following receipt of notification, the parties will attempt in good faith to negotiate an informal resolution. If the parties are unable to resolve the dispute within 30 days, either party may commence arbitration by filing a written Demand for Arbitration (available atwww.jamsadr.com). .
The arbitration will be administered by JAMS under its Comprehensive Arbitration Rules & Procedures (https://www.jamsadr.com/rules-comprehensive-arbitration/) or its Streamlined Arbitration Rules & Procedures (https://www.jamsadr.com/rules-streamlined-arbitration/), generally depending on the value of the dispute, and as amended by this Agreement. The JAMS rules will govern payment of all arbitration fees except as set forth in this Agreement. If you initiate arbitration, you will be responsible for up to $100 in arbitration filing fees and Cruise will pay arbitration filing fees in excess of $100. Cruise will pay the filing fees for any arbitration it initiates. Cruise will only seek reasonable attorneys’ fees and costs in arbitration if your claims are objectively baseless, duplicative, or brought to harass Cruise. The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate. The arbitrator will have the authority under this contract to conduct in-person appearances only in San Francisco, California, or at the nearest available JAMS location to your use of the AV Services if the dispute relates to your use of the AV Services. The arbitrator’s decision will follow the terms of this Agreement and will be final and binding. The arbitrator may award any individualized remedies that would be available in court, including temporary, interim or permanent injunctive relief or relief providing for specific performance of this Agreement, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof. Notwithstanding any of the foregoing, nothing in this Agreement will preclude you from bringing issues to the attention of federal, state or local agencies and, if the law allows, they can seek relief against us for you.
Binding Individual Arbitration. YOU AND CRUISE MUTUALLY AGREE TO RESOLVE ANY DISPUTES BETWEEN US EXCLUSIVELY THROUGH FINAL AND BINDING INDIVIDUAL ARBITRATION. Except for disputes described in Section 5.6 below, all disputes arising out of or relating to this Agreement or our Services or any aspect of the relationship between you and Cruise, whether based in contract, tort (including negligence), statute, fraud, misrepresentation or any other legal theory, will be resolved through final and binding arbitration before a neutral arbitrator instead of in a court by a judge or jury. YOU AGREE THAT CRUISE AND YOU ARE EACH WAIVING THE RIGHT TO TRIAL BY A JURY. The validity, enforceability, revocation, interpretation, or application of this arbitration provision will be decided by an arbitrator and not by a court or judge.
Class Action Waiver. You agree that any arbitration under this Agreement will take place on an individual basis; class arbitrations and class actions are not permitted and you are agreeing to give up the ability to participate in a class or collective action.
Exclusions and Limitations. This arbitration agreement shall not require arbitration of the following types of claims brought on an individual basis: (1) disputes or claims that may be brought in small claims court; (2) claims of sexual assault or sexual harassment occuring in connection with your use of the Services; (3) disputes or claims that arise from actual or threatened infringement, misappropriation, or other violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights; and/or (4) claims arising from loss of life. Furthermore, this arbitration agreement does not prevent either party from seeking emergency injunctive relief from any court of competent jurisdiction as necessary to prevent imminent harm or to otherwise address exigent circumstances (e.g., imminent danger or commission of a crime, hacking, cyber-attack, security threats, data breach, confidentiality breach, infringement or misappropriation of intellectual property, etc.).
This arbitration agreement also applies to claims between you and Cruise’s affiliates, and any representatives, shareholders, employees, agents, contractors, insurance carriers, predecessors and successors in interest, officers and directors of Cruise or its affiliates (individually and collectively, the "Cruise Parties"), and such Cruise Parties shall be considered intended third-party beneficiaries of this arbitration agreement.
California consumers may also contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at 1 (800) 952-5210.
License Grant and Cruise’s Rights
Limited License. By virtue of this Agreement you receive a license to use the Cruise System in the manner authorized by the Agreement. The license entitles you to install a copy of our mobile app on personal devices that you own or control for your own non-commercial use other than those expressly authorized in this Agreement. It grants no other right or license, and cannot be transferred or sublicensed. It is non-exclusive and it is fully revocable by Cruise. Failure to comply with any terms or conditions of this Agreement may result in the license and all related rights of access being terminated.
Reservation of Rights. The Cruise System and all trademarks, trade names, service marks, logos, and trade dress that we use in connection with our Services are owned by or licensed to Cruise and are protected under both United States and foreign laws. Cruise’s trademarks include CRUISE, CRUISE-derivative marks, and other marks and associated logos. All trademarks, trade names, service marks, logos, and trade dress used in connection with our Services that are not owned by us are the property of their respective owners. Except for the limited license expressly granted to users under this Agreement, Cruise and our licensors reserve all rights in and to all of the foregoing. You must not use any of our trademarks, trade names, service marks, logos, or trade dress in connection with any product or service that is not ours, or in any manner that is likely to cause confusion.
Prohibited Activities. In addition to any other restrictions and limitations set forth in this Agreement, you will not: (i) use our Services in any manner that would violate this Agreement or any applicable law, contract, intellectual property right, privacy right, or other third-party right. Furthermore, you will not engage in any action that is intended to: (i) systematically collect information about our Services or users, or obtain information about our Services or users, including competitively sensitive information, proprietary information, or other types of non-public information; (ii) damage, disable, disrupt, or interfere with the operation or use of the Services; or (iii) use the Services for a commercial purpose or use the Services other than for their intended purpose.
Third-Party Materials and Services
For your convenience, our Services may provide access or links to, or allow for the routing or transmission of, third-party information, products, services and other materials (“Third Party Materials”). In addition, the Services may include referrals to third-party services or enable third parties to provide services to you ("Third Party Services"). By using the applicable Services functionality (e.g., by clicking an applicable link or button within the Cruise System), you are directing us to access, route and transmit the applicable Third Party Materials to you and/or enable the applicable Third Party Services to be provided to you. Please be aware that Cruise has no control over and is not responsible for these Third Party Materials or Third Party Services that you choose to use.
You will indemnify, defend, and hold harmless Cruise and its affiliates, and any representatives, shareholders, employees, agents, contractors, insurance carriers, predecessors and successors in interest, officers and directors of Cruise or its affiliates (individually and collectively, the "Cruise Parties") from and against any losses, liabilities, claims, demands, damages, judgments, awards, expenses or costs arising out of or relating to (a) your use of our Services in any manner other than as permitted under this Agreement, or your violation of this Agreement; (b) your negligence, recklessness, or willful misconduct; or (c) any acts or omissions of, or any claims brought by, any other person who you allow to use or access our Services under your Account, including any passenger that you invite or authorize to ride in an AV. The Cruise Parties will have the exclusive right to control the defense or settlement of any third-party claims subject to this section. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and Cruise or the other Cruise Parties.
You will not, however, be required to indemnify the Cruise Parties for any bodily injury or property damage to the extent caused by our negligence, recklessness, or willful misconduct in providing our Services.
Limitation of Liability
Cruise will stand behind our product when it comes to your safety. We won’t limit our liability to you for bodily injury to the extent that our negligence, fraud, reckless or intentional misconduct, or a defect in our Services caused the bodily injury, or for any matters in which liability cannot be excluded under applicable law.
Except as set forth in subsection (a), Cruise will not be liable, to the extent permitted by applicable law, for any special, exemplary, indirect, incidental, consequential, or punitive damages of any kind, including loss of profits or revenue, even if advised of the possibility of such damages or losses.
The maximum aggregate liability of the Cruise Parties under this Agreement or otherwise in connection with our Services for all damages, losses and causes of action for personal property brought into the AV shall not exceed two thousand five hundred dollars ($2500).
Unless otherwise provided in this Section 9, the maximum aggregate liability of the Cruise Parties under this Agreement or otherwise in connection with our Services for all damages, losses and causes of action not specified in this Section 9, under any legal theory, will be the greater of $100 or the total amount, if any, paid by you to Cruise to use our Services that gave rise to such damages, losses, or causes of action.
The limitations of liability set forth in this Section 9 also apply to claims between you and Cruise’s affiliates, and any representatives, shareholders, employees, agents, contractors, insurance carriers, predecessors and successors in interest, officers and directors of Cruise or its affiliates (individually and collectively, the "Cruise Parties"), and such Cruise Parties shall be considered intended third-party beneficiaries with respect to this Section 9.
Governing Law and Venue
Governing Law. This Agreement will be governed by, and construed and enforced in accordance with, the laws of California, without regard to conflict of law rules or principles (whether of California or any other jurisdiction) that would cause the application of the laws of any other jurisdiction.
Venue. If it is determined, notwithstanding Section 5, that a dispute between the parties is not subject to arbitration as set forth in Section 5 (and such dispute cannot be heard in small claims court), then such dispute will be resolved exclusively in the state or federal courts of California and the United States, respectively, sitting in San Francisco County, California, and the parties hereby submit to the jurisdiction of such courts for such purpose. For clarity, the preceding sentence does not prevent either party from seeking emergency injunctive relief from any court of competent jurisdiction as set forth in Section 5.6 above.
Modification and Termination
Cruise may, without notice and in our sole discretion, terminate this Agreement and/or your ability to access or use our Services; assign different priority to certain requests for Services; and modify, suspend or discontinue all or a part of our Services for any reason at any time. The following provisions of this Agreement will survive and continue in effect notwithstanding any such termination: Sections 2, 4, 5, 6.3, 8, 9, 10, 11 and 12.
We may make changes to this Agreement and any Additional Terms from time to time. If we make changes, we will provide notice of such changes, such as by sending an email notification, providing notice through the Cruise System, or posting the amended Agreement or Additional Terms on the Cruise System and updating the "Last Updated" date above. Unless otherwise stated in our notice and except for the arbitration agreement of Section 5, the amended Agreement or Additional Terms will be effective immediately and your continued access to and use of our Services after we provide notice will confirm your acceptance of the changes. Any such changes will not apply to any dispute between you and us arising prior to the date on which we posted the revised Agreement or Additional Terms incorporating such changes, or otherwise notified you of such changes. If you do not agree to the amended Agreement or Additional Terms, you must stop accessing and using our Services.
Severability. If any provision of this Agreement is determined to be illegal or unenforceable, that provision will be deemed to be removed from this Agreement and the remaining provisions will still apply.
Entire Agreement. This Agreement (including all Additional Terms) constitutes the entire agreement between you and Cruise relating to your access to and use of our Services, and supersedes any prior agreements between Cruise and you with respect to such subject matter.
Waiver. The waiver by either party of a breach of this Agreement will not be effective unless in writing. The failure by either Party to enforce any provisions of this Agreement will not constitute a waiver of the right to subsequently enforce that provision.
Interpretation. The section titles in this Agreement are for convenience only and have no legal or contractual effect. References to "including" or "include" will be deemed to mean "including without limitation.”
This paragraph applies to any version of the Cruise System that you acquire from the Apple App Store. This Agreement is entered into between you and Cruise. Apple, Inc. (“Apple”) is not a party to this Agreement and shall have no obligations with respect to the Cruise System. Cruise, not Apple, is solely responsible for the Cruise System and the content thereof as set forth hereunder. However, Apple and Apple’s subsidiaries are third-party beneficiaries of this Agreement. Upon your acceptance of this Agreement, Apple shall have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary thereof. This Agreement incorporates by reference Apple’s Licensed Application End User License Agreement (available here), for purposes of which, you are “the end-user.” In the event of a conflict in the terms of the Licensed Application End User License Agreement and this Agreement, the terms of this Agreement shall control.