Terms of use

1.1 Parties. These Terms of Use (the “Terms”) form a binding agreement between you and 1Now LLC, a Delaware limited liability company based in New York, which operates the tiveo marketplace at tiveo.co (“tiveo”, “we”, “us” or “our”).

1.2 Acceptance. You accept these Terms by ticking the acceptance box at checkout or by otherwise using tiveo. Your acceptance is an electronic signature with the same effect as a handwritten one. If you do not agree to these Terms, you must not use tiveo.

1.3 Related policies. Our Privacy Policy, Cookie Policy and Refund Policy form part of these Terms.

2.1 Marketplace only. tiveo is an online marketplace that lists vehicles offered by independent rental businesses (“Hosts”) and lets you search for and book them. You search by place, dates and times, and tiveo shows vehicles from Hosts within about 25 miles. Prices are in US dollars and distances in miles.

2.2 Not a party to your rental. tiveo does not own, rent out, inspect or maintain any vehicle. tiveo is not a rental company or an agent of any Host, and is not a party to any rental agreement between you and a Host.

2.3 No handling of funds. tiveo does not collect, receive, hold or refund your payments. All payments are made directly to the Host, as set out in Section 5.

2.4 No affiliation. tiveo is not affiliated with, endorsed by or partnered with Turo or any other platform on which a Host may also list its vehicles.

To book through tiveo, you must be at least 18 years of age, meet the Host’s minimum age and other requirements, hold a driver’s license that is valid for the full rental period, and have the legal capacity to enter into a binding contract.

4.1 Contract with the Host. When you book, you enter into a contract with the Host on the Host’s terms (the “Rental Agreement”). The Host sets the price, availability, requirements, deposits, cancellation policy and protection options, and is solely responsible for the vehicle and the rental. If the Rental Agreement conflicts with these Terms on any matter concerning the rental, the Rental Agreement prevails as between you and the Host.

4.2 Confirmation. A booking is confirmed only when the Host’s system confirms it and you receive a booking confirmation. Availability shown in search results is not a guarantee.

4.3 Pay-later bookings. Where a Host permits payment at a later time, your booking remains pending, and the vehicle is not reserved for you, until payment is completed.

4.4 Your obligations. You must provide accurate and complete information, comply with the Rental Agreement, and photograph the vehicle at pick-up and return.

5.1 Host pricing. All prices shown on tiveo are set by the Host. tiveo adds no fee. Before you pay, you are shown the total price calculated by the Host’s system, including the vehicle, any extras you select, the Host’s fees and applicable taxes. Refundable deposits are shown separately.

5.2 Payment to the Host. Your payment is taken by the Host through the Host’s own payment provider. tiveo is not the seller or merchant of record.

5.3 Charges after the rental. Some charges can only be determined after the rental, such as fuel or charging, mileage, tolls, traffic or parking violations, cleaning, late return and damage. By booking, you authorize the Host to charge these amounts under the Rental Agreement.

5.4 Weekly and monthly rentals. For weekly or monthly rentals, the Host charges each period to your payment method as it begins, under the Rental Agreement, until the rental ends.

5.5 Payment disputes. Raise any question about a charge with the Host first, as described in Section 6.3. Any chargeback or card dispute is a matter between you, your card issuer and the Host.

6.1 Changes and cancellations. You may request a change or cancellation from your trip page. The Host’s cancellation policy, shown on the vehicle page before you pay, determines whether you receive a refund and in what amount. All refunds are issued by the Host, as described in our Refund Policy.

6.2 Host cancellations. If a Host cancels a confirmed booking, the Host must refund the amount you paid. If it fails to do so, contact us and we will raise the matter with the Host.

6.3 Problems with a rental. Contact the Host first. If the matter is not resolved, email support@1now.ai with your booking details. We will use reasonable efforts to assist, but any refund or remedy is the Host’s responsibility. In an accident, injury or emergency, call 911 first and then the Host. If tiveo becomes unavailable, your booking remains in effect with the Host.

7.1 Host content. Hosts supply, and are solely responsible for, their listings, including descriptions, photographs, prices, rules and pick-up locations. We do not warrant that any listing is accurate, complete or current.

7.2 No vetting. tiveo does not inspect vehicles or verify any Host’s licenses, permits or insurance. A listing, or its position in search results, is not a recommendation or an endorsement.

7.3 Removal. We may hide or remove any Host or listing at our discretion, including where a Host often cancels, misdescribes vehicles or does not respond to renters.

8.1 Driver checks. Some Hosts require identity or license checks, or proof of insurance, before or during a rental. These are handled by the Host or its providers, not by tiveo.

8.2 Insurance. tiveo does not sell, solicit or recommend insurance and is not an insurance agent or broker. Some Hosts offer protection through a provider, or link to a provider’s website where you can buy cover yourself. If you choose cover, that provider’s policy terms apply, so read them and check what is covered before you book.

You may use tiveo only for lawful, personal, non-commercial purposes, and you must pay only through the booking. You must not:

• book using another person’s name, payment card, license or identity document, or make bookings you do not intend to honor;
• scrape or collect listings, prices or Host information by automated means;
• copy, reverse engineer or interfere with tiveo’s software, systems or security, or circumvent any Host’s checks; or
• use tiveo for any unlawful or fraudulent purpose, including disputing a charge for a rental you received.

10.1 Our Privacy Policy explains how tiveo collects and uses personal information. The Host you book with receives your booking details and handles them under its own privacy policy.

10.2 By booking, you consent to receive transactional messages about your booking from tiveo and the Host.

10.3 Marketing. If you book through tiveo, we may email you about vehicles from other Hosts on tiveo. You may opt out at any time using the unsubscribe link in any marketing email. This applies only to bookings made on tiveo. Renters who book directly with a Host, including on the Host’s own website, or through another platform such as Turo, are never included.

11.1 tiveo’s name, logo, design, software and content belong to us. Hosts own their photographs and descriptions. We grant you a limited, revocable, non-transferable licence to use tiveo for your personal, non-commercial use, and you may not copy or reuse any part of tiveo without our permission.

11.2 If you submit a review or rating, you keep ownership of it and grant us a worldwide, perpetual, irrevocable, royalty-free, non-exclusive licence to use, display and share it in connection with tiveo. Reviews must be honest and based on your own rental. We will not remove a review solely because it is negative.

TO THE FULLEST EXTENT PERMITTED BY LAW, TIVEO IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT TIVEO WILL BE UNINTERRUPTED OR ERROR-FREE, AND WE MAKE NO WARRANTY REGARDING ANY HOST, VEHICLE, LISTING OR RENTAL.

13.1 tiveo is not responsible for the acts or omissions of Hosts or their providers, or for any vehicle or rental, including any loss, injury or damage arising from a rental.

13.2 TO THE FULLEST EXTENT PERMITTED BY LAW, TIVEO WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR FOR LOSS OF PROFITS OR DATA, AND TIVEO’S TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THESE TERMS OR TIVEO WILL NOT EXCEED ONE HUNDRED US DOLLARS (US$100).

13.3 Release. Because tiveo is not a party to any rental, you release tiveo from all claims arising out of any rental or any dispute between you and a Host. If you are a California resident, you waive California Civil Code section 1542, which provides: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”

13.4 Nothing in these Terms limits liability that cannot be limited by law, including for fraud, gross negligence or willful misconduct. Some states do not permit certain of these limitations, so they may not apply to you.

13.5 In Sections 12 to 14, “tiveo” includes our affiliates and our and their officers, directors, employees and agents.

You agree to indemnify and hold harmless tiveo from any third-party claim, and any resulting loss, liability or reasonable attorneys’ fees, arising out of your breach of these Terms, your violation of law or your misuse of tiveo.

We may restrict, suspend or terminate your access to tiveo if you breach these Terms, if required by law, or if we discontinue the service. Termination does not cancel a confirmed booking, which remains between you and the Host.

16.1 Informal resolution. Before starting arbitration, the claiming party must send the other a written notice describing the claim and the relief sought. Notices to tiveo must be sent to support@1now.ai, marked “Legal notice”. The parties will try in good faith to resolve the dispute within 60 days.

16.2 Binding individual arbitration. If the dispute is not resolved, you and tiveo agree that any dispute arising out of or relating to these Terms or tiveo will be resolved by binding individual arbitration under the Federal Arbitration Act, administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules. Hearings may be held by video or in the county where you live. Fees are governed by the AAA Consumer Arbitration Rules.

16.3 Exceptions. Either party may bring an individual claim in small claims court, or seek relief in court to protect its intellectual property. Any claim for public injunctive relief that the law does not permit to be waived will be brought in court and stayed until the arbitration is complete.

16.4 Class action and jury trial waiver. You and tiveo each waive the right to a jury trial and to bring or participate in any class, collective or representative proceeding. The arbitrator may award relief only to you individually. If this Section 16.4 is found unenforceable as to any claim, that claim will proceed in court and will not be arbitrated on a class basis.

16.5 Mass arbitration. If 25 or more substantially similar demands are filed by the same or coordinated counsel, they will be administered in batches under the AAA’s mass arbitration rules, and limitation periods are tolled while each claim awaits administration.

16.6 Right to opt out. You may opt out of this Section 16 within 30 days of first accepting these Terms by emailing support@1now.ai with your name, the email address used for your booking, and a clear statement that you opt out of arbitration.

16.7 Host disputes. This Section 16 applies only to disputes between you and tiveo. Disputes with a Host are governed by the Rental Agreement.

The Federal Arbitration Act governs Section 16. Otherwise, these Terms are governed by the laws of the State of Delaware, without regard to its conflict-of-law principles, save that you keep the protection of any non-waivable consumer protection laws of your state of residence. Any claim not subject to arbitration will be brought in the state or federal courts in Delaware, unless the law of your state entitles you to bring it where you live.

We may update these Terms. The “Last updated” date shows the current version. We will give notice on tiveo at least 14 days before a material change takes effect. Each booking is governed by the Terms in effect when it was made, and no change to Section 16 will apply to a dispute of which we had notice before the change.

19.1 These Terms and the policies in Section 1.3 are the entire agreement between you and tiveo. We may assign these Terms to an affiliate or to a successor or acquirer of tiveo; you may not assign them. If any provision is held unenforceable, the rest remains in effect. Our failure to enforce a provision is not a waiver. We are not liable for delays or failures caused by events beyond our reasonable control. You consent to receive these Terms and related notices electronically.

19.2 California residents. Under California Civil Code section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or (800) 952-5210.

19.3 Contact. support@1now.ai.