iRoll

Rider Agreement

iroll Rental Agreement, Waiver of Liability and Release. Effective Date: July 1, 2024. Please read the agreement below carefully as it sets forth the legally binding terms & conditions for your use of our service. In consideration of Your use of any of the iroll Services (defined below) provided by iroll tech inc. d/b/a iroll ("iroll"), iroll requires that You ("Rider," "You," or "Your") (acting for all of Rider's family, heirs, agents, affiliates, representatives, successors, and assigns) agree to all terms and conditions in this iroll Rental Agreement, Waiver of Liability, and Release ("Agreement"). The services provided by iroll include (1) the iroll mobile application and website, (2) iroll Vehicles ("Vehicle" or "Vehicles"), (3) discretionary charging of the Vehicle by Rider per Section 1.15 below, and (4) all other related equipment, personnel, services, applications, websites, and information provided or made available by iroll (collectively, the "iroll Services"). This Agreement contains releases and assumption-of-risk provisions and a binding arbitration agreement that limits your legal rights and remedies.

Important notices

The Vehicle must be physically locked when left unattended.

The Vehicle must be parked at a lawful parking spot — it cannot be parked on private property, in a locked area, or in any other non-public space. We recommend you lock the scooter to bike racks.

All applicable laws (including, without limitation, those applicable to traffic, pedestrians, parking, charging and electric Vehicles) must be obeyed, including any helmet laws in Your area.

You must promptly report any damaged or malfunctioning Vehicles to iroll via the iroll mobile application (the "iroll App") or by email (support@iroll.ca).

iroll tech expressly agrees to let, and the Rider expressly agrees to take on, rental of the Vehicle subject to the terms and conditions set out herein. Unless otherwise indicated, all monetary values in this Agreement are denominated in CAD dollars.

This document contains Releases, Disclaimers, Assumption-of-Risk Provisions, and a Binding Arbitration Agreement which restrict your legal rights and remedies. For a detailed understanding, please refer to Sections 9 and 15 below.

Your existing insurance policies for vehicles, property, or any other type may not cover damages to scooters, personal injuries caused by scooters, or property damage resulting from scooter use. You should contact your insurance provider to find out whether such damages are covered.

By using an iRoll scooter, the rider agrees to take full responsibility for any and all damages caused to the scooter, property, or third parties during their ride. Riders acknowledge that they are liable for repair or replacement costs resulting from misuse, accidents, negligence, or failure to follow local traffic laws. iRoll is not responsible for any personal injuries or damages incurred while using the service. By unlocking and riding a scooter, the user accepts these terms and agrees to ride responsibly.

Non-Eligibility for Refunds

Customer acknowledges that refunds will not be provided unless there is a specifically documented malfunction of the rented electric scooter that directly inhibits the normal operation of the vehicle. As our electric scooter service allows the user to end their trip at any given time, thereby causing an immediate cessation of any further billing, refunds will not be issued to customers who claim an issue but opt to continue riding. Any requests for refunds must be accompanied by documented evidence of the malfunction, and the user should terminate their trip promptly upon encountering any operational issues.

1. General Rental and Use of Vehicle

1.1 Rider is the Sole User. iroll and the Rider are the only parties to this Agreement. The Rider is the sole renter and is solely responsible for compliance with all terms and conditions herein. When You activate a Vehicle, it must be used only by You — You must not allow others to use a Vehicle that You have activated.

1.2 Rider is At Least 18 Years Old. Rider represents and certifies that Rider is at least 18 years old.

1.3 Rider is a Competent Vehicle Operator. Rider represents and certifies familiarity with the operation of the Vehicle and reasonable competence and physical fitness to ride it. You are responsible for determining whether conditions such as rain, fog, snow, hail, ice, heat or electrical storms make it dangerous to operate a Vehicle, and for adjusting Your riding behaviour and braking distance accordingly.

1.4 Vehicle is the Exclusive Property of iroll. The Vehicle and any attached iroll equipment remain at all times the exclusive property of iroll. You must not dismantle, modify, repair, or deface a Vehicle or any iroll equipment.

1.5 Vehicle Operating Hours and Vehicle Availability. Vehicles may not be available 24/7/365; the number of Vehicles is limited and availability is never guaranteed. Vehicles can only be returned on premise during the business hours listed in the iroll mobile application, and not after hours unless explicitly stated by the operator.

1.6 Rider Must Follow Laws Regarding Use and/or Operation of Vehicle. Rider agrees to follow all laws pertaining to the use, riding, parking, charging, and/or operation of the Vehicle, including local laws and helmet laws, and to act with courtesy and respect toward others.

1.7 Prohibited Acts. iroll recommends against carrying a briefcase, backpack, bag, or other item that can alter balance or impair safe operation. You must not place heavy objects on the handlebar; use a cellphone, texting device, or music player while riding; operate the Vehicle under the influence of alcohol, drugs, or medication; or carry a second person or child. The Vehicle must be parked upright using the kickstand, in a lawful, visible spot — not on unauthorized private property, in a locked area, or in heavily trafficked areas where it risks being knocked down.

1.8 Vehicle is Intended for Only Limited Types of Use. Rider agrees not to use the Vehicle for racing, mountain riding, stunts, or tricks; on unpaved roads or through water beyond normal urban riding; in any prohibited or illegal location; or for hire or reward.

1.9 Weight and Cargo Limits. You must not exceed the maximum weight limit for the Vehicle (225 lbs).

1.10 No Tampering. You must not tamper with, attempt to gain unauthorized access to, or otherwise use the iroll Services other than as specified in this Agreement.

1.11 Reporting of Damage or Crashes. Rider must report any accident, crash, damage, personal injury, or stolen/lost Vehicle to iroll as soon as possible, and file a police report within 24 hours if a crash involves personal injury, property damage, or a stolen Vehicle. Rider is responsible and liable for any misuse, claims, losses, liabilities, damages, costs, penalties, or judgments related to a stolen or lost Vehicle. Your automotive insurance policies may not provide coverage for accidents involving or damage to this Vehicle — contact your insurer to confirm.

1.12 Rider Responsibility for Vehicle Use and Damage. Rider agrees to return the Vehicle in the same condition in which it was rented, and is responsible for damage beyond normal wear and tear, whether accidental or intentional.

1.13 Electric Vehicle. The Vehicle requires periodic battery charging to operate. Rider understands and agrees that charge level decreases with use, is never guaranteed at the start of a rental, and may run out at any time during the rental, including before reaching the desired destination. It is Rider's responsibility to check the charge level before riding.

1.14 Charging of Vehicle. If the Vehicle runs out of charge during a rental, Rider shall conclude the ride in compliance with this Agreement, or may charge it only via a proper manufacturer-approved cord plugged into a lawfully usable outlet. Rider is responsible for all costs associated with charging, which iroll will not reimburse.

1.15 Group Rides. In certain locations, iroll may allow you to activate multiple scooters at once for other riders in your party ("Group Riders"). As Primary Renter, you are jointly liable for compliance by all Group Riders, for all associated charges, and for all claims, injuries or damage caused or suffered by them. All Guest riders must be 16 or older, only one rider is permitted per vehicle, and the Primary Renter must ensure each guest has personally reviewed and agreed to these terms.

2. Payment and Fees

2.1 Fees. Rider may use the Vehicle on a pay-per-ride basis or per the pricing described in the iroll mobile application. Fees and other charges may be subject to applicable taxes and local government charges, collected by iroll via credit/debit card or another agreed payment method.

2.1.2 Missing Vehicle Fees. Vehicles not returned (ride concluded) within 48 hours are considered lost or stolen; Rider will be charged the daily rental rate ($100/day) plus applicable administrative and processing fees for each day not returned, up to a maximum of $10,000 (vehicle replacement cost).

2.1.3 Pick Up Fees. If You are unable to return a Vehicle to a valid business location and request pickup by iroll staff, a pick-up fee of up to $100 may apply based on location. Abandoned Vehicles incur all trip fees until recovered and deactivated, plus a service charge. Fees are subject to change.

2.2 Promo Codes. Promo codes are one-time offers redeemable only via the iroll App, limited to one per customer/account, non-transferable, and may not be combined with other offers or resold.

2.3 Valid Credit Card or Debit Card. Rider must provide a valid credit or debit card to use the iroll Services and authorizes iroll to charge all incurred fees, subject to applicable taxes. Disputed charges must be reported to iroll within 10 business days from the end of the month with relevant trip information. If a chargeback is filed and found invalid, the customer is responsible for rebilling fees including a $15 administrative fee, payable in full before further transactions can be processed.

2.4 Damage; Vandalism; Lost Items. You agree to return the Vehicle in the same condition in which it was rented (normal wear and tear excluded) and are responsible for repair, replacement, or cleaning costs beyond normal wear and tear, as well as for theft occurring during the rental. You agree to keep the Vehicle on your person at all times on public property, and to secure it in a safe overnight parking area for multi-day rentals (see Section 3.2 on theft).

3. Additional Terms of Use

3.1 Safety Check. Before each use, Rider shall inspect the wheels, brakes and lights, frame condition, battery charge, and any signs of damage or mechanical issues, and must not ride if any issues are noticeable — instead, notify customer service immediately.

3.2 Lost or Stolen Vehicle. A Vehicle may be deemed lost or stolen if not returned within 24 consecutive hours after the rental period ends, if its GPS is disabled, or based on other facts iroll reasonably determines in good faith. The last Rider is responsible for a lost or stolen Vehicle, and iroll's computer data is conclusive evidence of usage periods. Rider must report disappearance or theft immediately. Reimbursement costs for current electric scooters range from $1,200 to $2,600 depending on make and model.

3.3 Helmets; Safety. If a rider chooses to use their own helmet, iRoll recommends a Snell, CPSC, ANSI, or ASTM-approved helmet, properly sized and fastened. Riders are required to wear a helmet at all times while operating a scooter. iRoll does not warrant the quality or safety of any helmet and is not liable for injuries regardless of helmet use. Rider assumes all risk of not wearing a helmet or other protective gear.

3.4 Vehicle Routes. iroll does not provide or maintain riding places and does not guarantee a safe place to ride — roads, sidewalks, and routes may become dangerous due to weather, traffic, or other hazards.

3.5 Limitations on Vehicle Rental. iroll is not a common carrier; alternative transportation (buses, rail, taxis, pedestrian paths) remains available. Vehicles are provided only as a convenience for those able and qualified to operate them and who agree to this Agreement.

3.6 Limitations on Availability of iroll Services. iroll aims to provide Services year-round but does not guarantee availability at all times or the availability of any Vehicle. iroll may require Rider to return a Vehicle at any time.

4. Termination

4.1 Termination by iroll. iroll may unilaterally terminate Rider's right to use the iroll Services at any time, in its sole discretion, without notice or cause. Rider may terminate use at any time, but no refund will be provided, the Agreement continues to apply, and Rider may still be charged applicable fees. This Agreement remains in full force after any termination, regardless of how it occurred.

5. Personal Information

5.1 Confidentiality of Information; Privacy Policies. Our collection and use of personal information is set forth in our Privacy Notice at https://iroll.ca/privacy-policy. We and/or third-party contractors may monitor location, charge/fuel status, odometer and other driving information, subject to our Privacy Notice. All personal information held by iroll — names, addresses, phone numbers, emails, passwords, payment information, and other data — is kept in accordance with our privacy policy.

5.2 Text Messages and Phone Calls. Unless you opt out, you agree that we may contact you by telephone, SMS, or text message (including via automatic dialing systems) at the numbers you provide. This consent is not required as a condition of purchase. You may opt out at any time by texting "STOP" to the number you received messages from or to (506) 497-7800, by emailing support@iroll.ca, or by calling Customer Service at (506) 497-7800.

6. Notice

iroll may be contacted by emailing support@iroll.ca or by calling the customer service number listed in the app.

7. Choice of Law; Dispute Resolution

This Agreement is governed by, and must be construed and enforced in accordance with, the laws of the Province of New Brunswick, excluding principles of conflicts of laws. The prevailing party in any dispute is entitled to its costs, expenses, and reasonable attorney fees, and each party consents to the personal jurisdiction of the courts of New Brunswick.

9. Binding Arbitration and Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY — IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

9.1 Initial Dispute Resolution. Rider Support is available via the app to address concerns. The parties shall use best efforts through this process and engage in good-faith negotiations before initiating mediation, arbitration, or a lawsuit.

9.2 Binding Arbitration. If the parties do not reach a solution through the support process, either party may initiate binding arbitration as the sole means to resolve claims, administered by The Canadian Arbitration Association (CAA) or a mutually agreed-upon arbitrator/service, excluding any rules permitting class actions. The arbitrator has exclusive authority to resolve disputes including the validity, applicability, or formation of this Agreement, and may grant any relief available in court. The award is written, binding, and enforceable as a judgment. If the arbitration filing fee exceeds the cost of filing a lawsuit, iroll will pay the difference; arbitration rules also permit recovery of attorney's fees in certain cases.

9.3 Governing Law. This Agreement is governed by the laws of the Province of New Brunswick. The parties irrevocably consent to the exclusive jurisdiction of the courts located in Moncton, New Brunswick.

9.4 Class Action Waiver. Arbitration shall be conducted only in individual capacities, not as a class or representative action. You and iroll agree that each may bring claims against the other only individually, not as a plaintiff or class member in any purported class or representative proceeding. If this waiver is found void or unenforceable, the entire arbitration provision is deemed null and void.

9.5 Limitation on Third-Party Claims. Rider agrees to assert any Dispute solely against iroll, and not against iroll's partners, affiliates, contractors, agents, or any municipality, government, property owner, garage, or establishment involved, and to indemnify such third parties against claims arising from a breach of this provision.

9.6 Litigation of Intellectual Property and Small Claims Court Claims. Either party may bring an action in court to protect intellectual property rights (patents, copyrights, moral rights, trademarks, trade secrets), or seek relief in small claims court within that court's jurisdiction.

9.7 Right to Opt Out. You may opt out of the arbitration and class action waiver provisions by sending written notice to: iroll, 45 Price Street, Moncton, NB E1A 3R1, within 30 days of the effective date or your first use of the Service, whichever is later. If you opt out, iroll will also not be bound by them. For disputes not subject to arbitration, you and iroll agree to the personal and exclusive jurisdiction of the courts located in Moncton, NB, and to accept service of process by mail.

10. Waiver and Severability

No waiver of any breach of this Agreement constitutes a waiver of any other breach or provision. The provisions are independent and separable, and no provision is rendered invalid by the invalidity of another.

11. Cumulative Remedies

All rights and remedies under this Agreement are cumulative and nonexclusive; resorting to one does not preclude resort to any other right or remedy provided by law.

12. Final Agreement; Modification by iroll

This Agreement is the complete, final, and exclusive agreement between the parties, superseding all prior agreements. iroll may unilaterally amend, modify, or change this Agreement at any time without Rider's consent. Continued use of the iroll Services after any change constitutes acceptance. iroll will post a notification on the Website whenever a change is made; pricing on the Website supersedes pricing set forth in this Agreement.

13. Contract Interpretation

Headings do not affect interpretation. "Or" is not exclusive. "Including" means "including, but not limited to." Singular includes plural and vice versa; pronouns include all gender forms.

14. Voluntary Execution of this Agreement

This Agreement is entered into voluntarily, with consideration, and without duress or undue influence by iroll. Rider acknowledges having read and understood this Agreement, including the releases it contains, and is fully aware of its legal and binding effect.

15. Releases; Disclaimers; Assumption of Risk

In exchange for being allowed to use iroll Services, Vehicles, and related equipment, Rider agrees to fully release, indemnify, and hold harmless iroll and all of its owners, managers, affiliates, employees, contractors, officers, directors, shareholders, agents, representatives, successors, assigns, any contracted Municipality, and every sponsor of the iroll Services (collectively, the "Released Persons") from liability for all "Claims" arising out of or related to Rider's use of the iroll Services, Vehicles, or related equipment — including Claims based on alleged negligence, breach of contract, or breach of warranty — except for Claims based on gross negligence or willful misconduct.

"Claims" means any and all claims, injuries, demands, liabilities, disputes, causes of action, proceedings, obligations, debts, liens, fines, charges, penalties, costs, expenses (including attorney's fees), damages (including for personal injury, wrongful death, property damage, and consequential, compensatory, or punitive damages), or losses arising from or relating to the iroll Services, Vehicles, equipment, this Agreement, or Rider's use thereof.

To the fullest extent permitted by law, iroll and all Released Persons disclaim all express and implied warranties, including merchantability and fitness for a particular purpose. All iroll Services, Vehicles, and equipment are provided "as is" and "as available," and Rider relies on them at Rider's own risk.

Rider acknowledges that use of the iroll Services, Vehicles, and equipment involves obvious and not-so-obvious risks, dangers, and hazards that may result in injury, death, or property damage, including but not limited to: vehicles and other objects; pedestrians; traffic; Vehicle or component malfunction; road conditions; weather conditions; failure to follow applicable laws under Section 1.6; commission of prohibited acts under Section 1.7; failure to perform the required safety check under Section 3.1; failure to wear a helmet where required by law; and negligent acts or omissions by iroll, any Released Person, Rider, or third party.

Rider is solely and fully responsible for the safe operation of the Vehicle at all times, and assumes full responsibility for all related risks, dangers, and hazards, even where the Vehicle is properly maintained. To the fullest extent permitted by law, this release includes Claims related to the sole or partial negligence of iroll, the Released Parties, any Municipality, or any other party, and Rider expressly waives any unknown claims that may exist in Rider's favor at the time of use.

Rider Acceptance of Agreement

I certify that I have read and expressly agree to the terms and conditions of Section 15 (Releases; Disclaimers; Assumption of Risk), and I acknowledge that this section limits my legal rights and remedies. I intend my assent to this Agreement to be a complete and unconditional release of all liability to the greatest extent permitted by law. I represent and certify that I am familiar with the operation of the Vehicle, and am reasonably competent and physically fit to ride it.

I certify that I am the Rider, that I am 18 years old or over (or, if under 18, under the supervision of a parent or guardian), that I will wear a helmet where required by law, that I will not ride with another occupant, that I will obey all traffic laws, that I will ride at my own risk, and that I have read and expressly agree to the terms and conditions set forth in this Agreement.