Host Terms of Service

Effective: April 17, 2026 · Version 1.0

These Host Terms of Service ("Host Terms" or "Agreement") form a binding legal agreement between you ("Host," "you," or "your") and ReefRide LLC, a Hawaii limited liability company ("ReefRide," "we," "us," or "our"). These Host Terms govern your listing of one or more motor vehicles on the ReefRide website at reefride.co, mobile applications, APIs, and related services (collectively, the "Platform"), and your participation in peer-to-peer vehicle sharing transactions facilitated by ReefRide.

1. Introduction, Parties & Platform Role

1.1 Marketplace-Only Role

ReefRide is not a party to any Trip, does not take title to or possession of any Vehicle, does not itself rent, lease, broker, lend, or insure vehicles, and is not a fiduciary of the Host. ReefRide operates solely as a neutral, technology-enabled peer-to-peer car-sharing marketplace that connects independent vehicle owners (Hosts) with qualified renters (Guests). Hosts and Guests are independent third parties, and no joint venture, partnership, employment, or agency relationship is created between ReefRide, Host, and Guest.

1.2 Discretion & Non-Guarantee

ReefRide's decisions regarding listings, search ranking, damage determinations, Guest eligibility, pricing tools, and Protection Plan administration are exercised in ReefRide's sole and absolute discretion and are final. The Host acknowledges that ReefRide's screening, identity verification, and risk scoring are non-guarantees and that ReefRide has no duty to investigate or vet any Guest beyond what is described in the then-current published policies.

1.3 Not an Insurer

The Host expressly acknowledges that ReefRide is not an insurer, insurance producer, or insurance broker. Protection Plans are administered by ReefRide through licensed third-party insurers. No statement by ReefRide personnel constitutes an offer, binder, endorsement, or interpretation of any insurance policy. The terms of the underlying insurance policy control in all cases of conflict with summaries or marketing materials.

By clicking "I Agree," creating a Host account, or listing a Vehicle, you acknowledge that you have read, understood, and agree to be bound by these Host Terms, the Vehicle Sharing Agreement, the Privacy Policy, and all other policies incorporated by reference (collectively, the "ReefRide Policies").

2. Definitions

Capitalized terms not defined here have the meaning set forth in the Vehicle Sharing Agreement.

• "Car-Sharing Period" — the period beginning when the Guest takes possession of the Vehicle and ending when the Vehicle is returned to and accepted by the Host.
• "Host Earnings" — amounts payable to the Host after deduction of ReefRide's Service Fee, Protection Plan costs, applicable taxes, chargebacks, adjustments, reserves, and any amounts owed to ReefRide under these Host Terms.
• "Listing" — the Vehicle profile created by the Host on the Platform.
• "Protection Plan" — the insurance and damage-protection coverage purchased by the Guest in connection with a Trip.
• "Service Fee" — the commission retained by ReefRide from each Trip, as disclosed in the Host Dashboard.
• "Trip" — a confirmed booking for a Vehicle between a Host and Guest, including the Car-Sharing Period and any delivery or pickup.
• "Vehicle" — any privately owned, titled motor vehicle listed by the Host on the Platform.

3. Host Eligibility & Account Requirements

To list a Vehicle on ReefRide, you must:

1. Be at least twenty-one (21) years of age and legally capable of entering into a binding contract under Hawaii law.
2. Be the registered owner of the Vehicle, or be expressly authorized in writing by the registered owner and lienholder/lessor (see Section 19) to list the Vehicle.
3. Have a valid U.S. Social Security Number (SSN) or Individual Taxpayer Identification Number (ITIN), or a valid Employer Identification Number (EIN) if listing as a business entity.
4. Maintain a verified ReefRide account including a confirmed email, phone number, government-issued photo ID, and valid U.S. bank account or debit card for payouts via Stripe Connect.
5. Reside in or operate from the State of Hawaii and register the Vehicle in Hawaii.
6. Not appear on any U.S. government sanctions, denied-persons, or restricted-parties list.
7. Not have been previously removed from the Platform for a material breach of these Host Terms.

You are responsible for maintaining the confidentiality of your account credentials and for all activity under your account. Notify ReefRide immediately at aloha@reefride.co of any unauthorized access.

4. Vehicle Eligibility & Listing Standards

Each Vehicle listed on the Platform must, at all times during its listing and during every Car-Sharing Period:

• Be titled and registered in the State of Hawaii to the Host (or the authorized lessor/owner).
• Have a clean, non-salvage, non-branded title (no flood, lemon, rebuilt, or junk brands).
• Be no more than fifteen (15) model years old and have fewer than 150,000 odometer miles.
• Carry a current Hawaii safety inspection certificate and valid license plates.
• Be in safe, roadworthy, and mechanically sound condition with functioning lights, brakes, tires (including spare or inflation kit), seat belts, airbags, horn, wipers, and air conditioning (if factory equipped).
• Not be subject to any open, unrepaired manufacturer safety recall at any time a Trip is active or scheduled (Hawaii Revised Statutes § 431:10C-802).
• Have a fair market value not exceeding $150,000 USD, unless pre-approved by ReefRide in writing for Exotic or Luxury tier listings.
• Not be a commercial-use, fleet, livery, taxi, rideshare-marked, rebuilt, or heavily modified vehicle.
• Not be equipped with aftermarket performance modifications (ECU tunes, forced induction, suspension lifts, tire changes from OEM spec) unless pre-approved in writing.

Motorcycles, mopeds, scooters, U-Haul-style box trucks, RVs, and vehicles with more than eight (8) passenger seats are not eligible unless ReefRide launches a vertical for that category and invites the Host to participate.

5. Insurance, Registration, Safety Recalls & Claims Cooperation

5.1 Mandatory Personal Coverage

The Host must continuously maintain a valid Hawaii personal automobile insurance policy on the Vehicle that satisfies all state minimum requirements whenever the Vehicle is not engaged in a Trip.

5.2 Primary Coverage During the Car-Sharing Period

In accordance with Hawaii Revised Statutes § 431:10C-802, during each Car-Sharing Period the Vehicle will be covered as primary by a peer-to-peer car-sharing motor vehicle liability policy arranged via ReefRide at limits equal to at least four times (4×) the Hawaii state minimums. The Host's personal policy will not be primary during the Car-Sharing Period.

5.3 Notice to Personal Insurer

The Host acknowledges that participation in a peer-to-peer car-sharing program may not be covered by — and could be grounds for cancellation of — the Host's personal automobile insurance policy. The Host is solely responsible for reviewing their policy, disclosing their participation to their personal insurer where required, and assuming any coverage gaps outside the Car-Sharing Period.

5.4 Recalls

Upon receipt of any manufacturer recall notice, or upon notification from ReefRide of an open recall, the Host SHALL IMMEDIATELY (a) remove the Vehicle from the Platform if a Trip is not in progress, or (b) not make the Vehicle available for a new Trip until the recall repair has been completed and documented. ReefRide may block new bookings on any Vehicle that appears in the NHTSA recall database.

5.5 Insurance Cooperation & Assignment of Claims

The Host shall (a) promptly notify ReefRide of any claim, suit, demand, or regulatory inquiry arising from the Vehicle; (b) fully cooperate with ReefRide, its insurers, and its claims administrators, including producing documents, sitting for recorded statements, and executing sworn proofs of loss and releases; (c) not settle, release, or compromise any claim without ReefRide's prior written consent; and (d) assign to ReefRide all rights of subrogation and recovery against Guests, third parties, and the Host's personal insurer to the extent ReefRide (or its insurer) has paid or will pay any amount on the Host's behalf. Failure to cooperate forfeits any right to reimbursement and entitles ReefRide to recoup prior payments from current or future Host Earnings.

6. Listing Accuracy & Content License

6.1 Accuracy

The Host represents and warrants that all Listing content — including make, model, trim, year, VIN, color, odometer reading, features, photos, descriptions, pricing, location, availability, and any known defects or pre-existing damage — is true, accurate, current, and not misleading.

6.2 Photo Requirements

Photos must depict the actual Vehicle as it currently exists, must be taken by the Host or with the Host's permission, and must not include any copyrighted material, watermarks, or contact information attempting to divert Guests off-platform.

6.3 Content License to ReefRide

The Host grants ReefRide a worldwide, non-exclusive, royalty-free, sublicensable, transferable, perpetual license to host, reproduce, modify, translate, publicly display, publicly perform, distribute, and otherwise use the Listing content on the Platform and in ReefRide's marketing, advertising, and promotional materials (website, social media, search engines, email, and print). This license survives termination with respect to content associated with past Trips for recordkeeping and legal compliance.

7. Pricing, Availability & Calendar Management

7.1 Host-Set Pricing

The Host sets the base daily rate, mileage allowance, excess mileage rate, delivery fees (within policy), discounts, and Extras (child seats, surfboard racks, etc.) subject to minimum and maximum thresholds published by ReefRide from time to time.

7.2 Calendar Accuracy

The Host is responsible for keeping the availability calendar current. Failure to block unavailable dates and subsequently cancelling a confirmed Trip is a Host Cancellation and is subject to the penalties in Section 8.

7.3 Smart Pricing

ReefRide may offer optional algorithmic pricing tools. Enabling such tools is at the Host's discretion; the Host remains responsible for all rates ultimately displayed on the Listing.

8. Reservations, Acceptance & Host Cancellations

8.1 Instant Book vs. Request-to-Book

The Host may configure the Listing for Instant Book or Request-to-Book (manual approval within 24 hours). Failure to respond to a request within 24 hours results in automatic decline.

8.2 Host Cancellation Penalties

Host-initiated cancellations after a booking has been confirmed materially harm Guests and the Platform. Unless the cancellation is due to a valid safety issue documented to ReefRide within 24 hours, or is initiated by ReefRide, the following penalties apply per cancelled Trip:

• Cancellation ≥ 24 hours before pickup: $50 cancellation fee deducted from future Host Earnings.
• Cancellation < 24 hours before pickup: $100 cancellation fee plus any ReefRide-paid rebooking differential.
• No-show by Host at delivery or handoff: forfeiture of the full Trip payout plus a rebooking differential.

Three (3) or more Host Cancellations in any rolling 12-month period may result in reduced search visibility, Superhost disqualification, or removal from the Platform.

8.3 Replacement Vehicles

ReefRide may, at its sole discretion, offer Guests a comparable replacement Vehicle in the event of a Host Cancellation and deduct any incremental cost from the Host's future Earnings.

9. Payouts, Fees, Reserves & Right of Setoff

9.1 Service Fee

ReefRide retains a Service Fee on each Trip as disclosed in the Host Dashboard and may change prospectively on 30 days' notice. The Service Fee covers platform access, payment processing, customer support, Protection Plan administration, marketing, and fraud protection.

9.2 Payout Schedule

Host Earnings for completed Trips are transferred via Stripe Connect to the Host's linked bank account within three (3) business days after Trip completion, subject to holds for damage claims, disputes, or chargebacks. First-time Host payouts may be held for up to seven (7) business days for verification.

9.3 Chargebacks & Reversals

If a Guest chargeback, dispute, or refund occurs, ReefRide may offset or recover the corresponding amount from current or future Host Earnings, or directly from the Host's bank account on file.

9.4 Host Taxes

The Host is solely responsible for all federal, state, county, and local taxes arising from their activity on the Platform, including Hawaii General Excise Tax (GET) where applicable, income tax, self-employment tax, and any required business licensing. ReefRide may collect and remit the Hawaii Rental Motor Vehicle Surcharge Tax and GET on gross rental charges on the Host's behalf where required by law, but the Host remains the taxpayer of record for income tax purposes.

9.5 Withholding

ReefRide may withhold Host Earnings as required by law, including backup withholding for Hosts who fail to provide a valid W-9 or W-8.

9.6 Reserves, Holds & Right of Setoff

ReefRide may, in its sole discretion and without prior notice, (a) delay, suspend, or withhold any Host Earnings to cover pending damage claims, chargebacks, refunds, tax obligations, or suspected fraud; (b) establish a rolling reserve of up to twenty-five percent (25%) of Host Earnings for new Hosts or Hosts with elevated risk indicators; (c) offset any amount the Host owes ReefRide, its insurer, its claims administrator, or any Guest against current or future Host Earnings; and (d) initiate ACH debit from the Host's bank account on file to recover amounts owed. The Host irrevocably authorizes these debits and waives any notice requirement beyond what federal law requires.

10. Delivery, Handoff & Vehicle Condition Reports

10.1 Handoff Standards

At the start of each Trip, the Host must deliver the Vehicle (or make it available for self-pickup) on time, clean, fueled to the level represented on the Listing, with the agreed features and accessories, and in the condition shown in the Listing photos.

10.2 Check-In Documentation

Both Host and Guest must complete the in-app Vehicle Condition Report at the start and end of each Trip, including time-stamped 360° photos of the exterior, interior, odometer, and fuel gauge. Failure by the Host to complete check-in documentation within the required window may limit the Host's ability to submit damage claims under Section 12.

10.3 Keys & Access

The Host is responsible for providing all keys, fobs, garage remotes, and any digital access credentials required to operate the Vehicle, and for recovering those credentials at Trip end.

11. Host Obligations During the Car-Sharing Period

During an active Car-Sharing Period, the Host SHALL NOT:

1. Contact the Guest outside the Platform for the purpose of circumventing ReefRide fees or Protection Plans.
2. Remotely disable, immobilize, or track the Vehicle in a manner not previously disclosed and permitted by these Host Terms or applicable law.
3. Enter the Vehicle without the Guest's express consent, except in the event of a safety emergency, suspected theft, or lawful repossession under the Vehicle Sharing Agreement.
4. Misrepresent the Vehicle's condition, mileage, or fuel level upon return.
5. Harass, discriminate against, or retaliate against a Guest for submitting a review or complaint.

12. Damage Claims & Reimbursement Process

12.1 Reporting Window

The Host must report any post-Trip damage, missing items, fuel shortfall, smoking, excessive cleaning, or unauthorized mileage within twenty-four (24) hours of the scheduled Trip end via the Host Dashboard, with time-stamped photo/video evidence, a written description, and repair estimates where applicable. Failure to report within this window is a waiver of the claim against ReefRide, its insurers, and the Guest, except for latent damage not reasonably discoverable on inspection, which must be reported within seven (7) days.

12.2 Wear & Tear

Normal wear and tear is not compensable. Scratches under three (3) inches, minor interior scuffs consistent with ordinary use, and minor paint chips from gravel are considered wear and tear.

12.3 Investigation

ReefRide will investigate the claim, review both parties' Vehicle Condition Reports, and may interview the Host and Guest. ReefRide's damage determination, made in good faith, is final and binding for purposes of releasing Protection Plan funds and calculating Host reimbursement, subject only to the arbitration provisions in Section 26.

12.4 Reimbursement

Where Protection Plan coverage applies, ReefRide will reimburse the Host for covered repair costs (at fair-market labor rates) within fourteen (14) business days of the final damage determination. Loss-of-use reimbursement, if any, will be calculated per the Protection Plan schedule, not actual rental rates.

12.5 Salvage & Total Loss

In the event of a total loss, reimbursement is based on the Vehicle's Actual Cash Value (ACV) as determined by independent valuation (NADA / Kelley Blue Book clean-title retail) at the time of loss, less the Protection Plan deductible and any salvage value retained by the Host.

13. Maintenance, Cleaning & Vehicle Readiness

13.1 Maintenance

The Host must perform all manufacturer-recommended maintenance, keep tires above the legal tread depth, replace brake pads before metal-on-metal wear, and respond to dashboard warning lights before the next Trip.

13.2 Cleaning

The Host must deliver the Vehicle clean inside and out for each Trip. ReefRide may deduct from Host Earnings and issue a partial refund to the Guest if a Guest credibly reports an unclean Vehicle at handoff.

13.3 Trip-Blocking for Safety

If the Host identifies any mechanical, electrical, structural, or safety concern (including recall), the Host must immediately block the calendar and notify ReefRide.

14. Telematics, GPS, Connected-Car Data & Anti-Tampering

14.1 Consent to Data Use

The Host consents to ReefRide accessing and processing Vehicle telematics data (GPS location, speed, mileage, braking events, ignition status, fuel or battery level) from factory-installed connected-car services, ReefRide-provided hardware (if any), or the Host's authorized third-party devices, for:

• Verifying mileage and fuel level at Trip start and end;
• Detecting Prohibited Uses (off-island travel, off-road use, speeding thresholds);
• Investigating damage, theft, accident, or fraud claims;
• Dispatching roadside assistance;
• Operating, securing, and improving the Platform.

The Host represents that any telematics data shared with ReefRide was lawfully collected with all required consents.

14.2 Anti-Tampering

The Host shall not, and shall not permit any third party to, disable, remove, obstruct, spoof, or alter any telematics, GPS, immobilizer, or connected-car service on the Vehicle during any active or scheduled Trip. Any such tampering (a) voids all Protection Plan coverage for that Trip; (b) entitles ReefRide to charge the Host for the full cost of any resulting loss, theft, recovery, or claim; and (c) is cause for immediate account termination.

15. Host Representations & Warranties

The Host represents and warrants on a continuing basis that:

1. The Host has good and marketable title to the Vehicle, or is the authorized signer for the titled owner and lienholder/lessor.
2. The Host has full legal authority to enter into these Host Terms and list the Vehicle.
3. All information provided to ReefRide is accurate and complete.
4. The Vehicle complies at all times with Section 4 (Vehicle Eligibility) and Section 5 (Insurance, Registration & Safety Recalls).
5. The Host is not using the Platform in violation of any law, regulation, HOA rule, lease, mortgage, or insurance policy.
6. The Host will promptly notify ReefRide of any fact that would cause any representation in this section to become inaccurate.

16. Prohibited Host Conduct & Circumvention Liquidated Damages

16.1 Prohibited Conduct

The following are strictly prohibited and are material breaches of these Host Terms:

1. Listing a Vehicle the Host does not own or is not authorized to list.
2. Circumventing the Platform by soliciting off-platform bookings, payments, or payment instruments from Guests.
3. Providing false or misleading information in the Listing, damage claims, or identity verification.
4. Engaging in discriminatory conduct (Section 17).
5. Tampering with, disabling, or misrepresenting the odometer, telematics device, or safety recall status.
6. Submitting fraudulent damage claims or inflating repair estimates.
7. Renting a Vehicle that has an open safety recall, is uninsured, unregistered, or unsafe.
8. Using the Platform for money laundering, tax evasion, or any illegal purpose.
9. Collecting, storing, or using Guest personal information outside the purposes necessary to deliver the Trip, or in violation of applicable privacy law.

16.2 Liquidated Damages for Circumvention

The parties acknowledge that damages for off-platform circumvention are difficult to calculate. Accordingly, the Host agrees to pay ReefRide, as liquidated damages and not a penalty, the greater of (a) $1,500 per confirmed instance of solicitation, payment, or booking made off-platform with a Guest who was introduced through the Platform, or (b) three times (3×) ReefRide's Service Fee that would have applied. ReefRide may deduct such amounts from current or future Host Earnings or charge them to the Host's payment method on file. The Host further agrees to pay ReefRide's reasonable costs of investigation and enforcement.

17. Non-Discrimination Policy

ReefRide is committed to a community free of discrimination. The Host SHALL NOT discriminate against, refuse to host, cancel on, or impose different terms on any Guest on the basis of race, color, ethnicity, national origin, religion, sex, gender identity or expression, sexual orientation, marital status, pregnancy, disability (including the presence of service animals), age, ancestry, or any other characteristic protected under federal, Hawaii, or local law. Violations may result in immediate account termination.

18. Compliance with Hawaii Peer-to-Peer Car Sharing Laws

The Host acknowledges and agrees to comply with Hawaii Revised Statutes Chapter 279G (Peer-to-Peer Car-Sharing Program) and § 431:10C-802 (Insurance Requirements), including:

• Open-recall restrictions;
• Primary insurance coverage requirements during the Car-Sharing Period;
• Retention of Vehicle Condition Reports for the statutory period;
• Consumer-protection disclosures to Guests; and
• Tax remittance obligations.

19. Lienholder & Lease Obligations

If the Vehicle is financed or leased, the Host is solely responsible for obtaining all written permissions from the lienholder or lessor required to engage in peer-to-peer car sharing. The Host represents that listing the Vehicle on the Platform does not violate any loan agreement, lease agreement, or insurance policy covering the Vehicle. The Host will indemnify ReefRide against any claim by a lienholder or lessor arising from the Host's participation.

20. Tax Reporting, W-9 Refresh & Tax Indemnity

20.1 Tax Forms

ReefRide will issue IRS Form 1099-K or 1099-NEC to Hosts as required by federal and Hawaii law. The Host must provide an accurate Form W-9 (or W-8, as applicable).

20.2 W-9 Refresh

The Host shall provide an updated IRS Form W-9 (or W-8) upon ReefRide's request and no less often than annually. ReefRide may suspend all payouts until a current, valid form is on file and may apply backup withholding at the then-current federal rate.

20.3 Tax Indemnity

The Host indemnifies ReefRide for any tax, penalty, or interest — federal, state, or local — assessed against ReefRide as a result of the Host's tax status, misclassification, underreporting, or failure to remit taxes that the Host owes. This indemnity is in addition to, and not a limitation of, Section 24.

21. Platform License & Intellectual Property

Subject to the Host's compliance with these Host Terms, ReefRide grants the Host a limited, non-exclusive, non-transferable, revocable license to access and use the Platform solely for the purpose of listing Vehicles and participating in Trips. All trademarks, logos, software, designs, and other intellectual property of ReefRide remain the exclusive property of ReefRide. Nothing in these Host Terms transfers any ownership right in the Platform to the Host.

22. Confidentiality, Guest Privacy & Audit Rights

22.1 Guest Data

Guest personal information received by the Host through the Platform (name, contact info, license, trip details) is confidential and may be used only to perform the Trip. The Host will not sell, disclose, or use Guest data for marketing, profiling, or any purpose other than the Trip, and will delete Guest data promptly after the Trip concludes, except as required by law.

22.2 Confidential Information

Any non-public information regarding ReefRide's business, pricing, algorithms, or systems is confidential. The Host will not disclose it except as required by law.

22.3 Audit & Records Retention

The Host shall retain all Vehicle Condition Reports, maintenance records, insurance policies, recall documentation, safety-inspection certificates, Guest-facing communications, and tax records related to the Vehicle for seven (7) years. Upon ten (10) business days' notice, ReefRide may audit or request copies to verify compliance with these Host Terms, Hawaii Revised Statutes Chapter 279G, § 431:10C-802, and applicable tax law. Refusal to cooperate is grounds for immediate termination and forfeiture of pending Host Earnings.

23. Account Suspension & Termination

23.1 By ReefRide

ReefRide may suspend, limit, delist, or terminate the Host's account and Listings at any time, with or without prior notice, for any material breach of these Host Terms, for conduct ReefRide reasonably believes endangers Guests or the Platform, for repeated low ratings or cancellations, or for any violation of law. ReefRide may also withhold Host Earnings reasonably necessary to cover pending investigations, refunds, or damage claims.

23.2 By Host

The Host may deactivate Listings and close the account at any time from the Host Dashboard, provided no confirmed Trips remain open. Any fees owed at the time of closure remain payable.

23.3 Survival

Sections 5.5 (Insurance Cooperation), 6.3 (Content License), 9.3–9.6 (Payout Recovery, Setoff, Reserves), 12 (Damage Claims), 14.2 (Anti-Tampering), 15 (Reps & Warranties), 16.2 (Liquidated Damages), 20 (Tax Indemnity), 21 (IP), 22 (Confidentiality & Audit), 24 (Indemnification), 25 (Disclaimers & Liability), 26 (Arbitration), 30 (Governing Law), and 31 (Entire Agreement & No Third-Party Beneficiaries) survive termination.

24. Indemnification by Host

The Host will indemnify, defend, and hold harmless ReefRide, its officers, directors, employees, affiliates, agents, insurers, and the Guests of the Host's Trips, from and against any claims, damages, liabilities, losses, fines, penalties, judgments, and reasonable attorneys' fees arising out of or related to:

• (a) the Host's breach of these Host Terms;
• (b) any misrepresentation in a Listing;
• (c) the condition or safety of the Vehicle (including open recalls);
• (d) any bodily injury, property damage, or death arising from the Vehicle other than to the extent caused by a Guest's Prohibited Use;
• (e) any claim by a lienholder, lessor, personal insurer, co-owner, spouse, or tax authority;
• (f) the Host's violation of any law;
• (g) any claim or regulatory action arising from the Host's failure to maintain a current Hawaii safety inspection, registration, or valid title;
• (h) any claim by the Host's personal automobile insurer, including cancellation, rescission, denial, or coverage gap;
• (i) any tax liability, penalty, or interest assessed against ReefRide as a result of the Host's failure to remit taxes or provide accurate W-9/W-8 information;
• (j) any claim arising from a Vehicle with an open safety recall;
• (k) any claim by a co-owner, spouse, domestic partner, or heir asserting rights in the Vehicle; and
• (l) any third-party claim arising from content the Host uploaded to the Platform, including claims of copyright, trademark, or right-of-publicity infringement.

25. Disclaimers & Limitation of Liability

THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE." REEFRIDE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. REEFRIDE DOES NOT GUARANTEE ANY LEVEL OF BOOKINGS, EARNINGS, OR UTILIZATION.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, REEFRIDE'S TOTAL LIABILITY TO THE HOST FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATED TO THE PLATFORM OR THESE HOST TERMS SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL HOST EARNINGS PAID BY REEFRIDE TO THE HOST IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) FIVE HUNDRED U.S. DOLLARS ($500). IN NO EVENT WILL REEFRIDE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR FOR LOST PROFITS, LOST EARNINGS, LOSS OF GOODWILL, OR DIMINUTION IN VEHICLE VALUE.

Carve-Outs. Notwithstanding the foregoing, the limitations and exclusions in this Section 25 do not apply to, and nothing in these Host Terms limits or excludes, liability arising from: (a) ReefRide's gross negligence or willful misconduct; (b) fraud or fraudulent misrepresentation by ReefRide; (c) death or bodily injury caused by ReefRide's intentional or reckless conduct; (d) ReefRide's indemnification obligations expressly stated elsewhere in these Host Terms; or (e) any liability that cannot, as a matter of applicable law, be limited or excluded.

26. Dispute Resolution, Arbitration, Opt-Out & Class Action Waiver

26.1 Informal Resolution

The parties will attempt in good faith to resolve any dispute informally by contacting aloha@reefride.co.

26.2 Binding Arbitration

Any dispute, claim, or controversy not resolved informally within sixty (60) days will be resolved by final and binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules, in Honolulu, Hawaii. Judgment on the award may be entered in any court of competent jurisdiction.

26.3 Class Action Waiver

THE HOST AND REEFRIDE EACH WAIVE ANY RIGHT TO BRING OR PARTICIPATE IN A CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION. Claims may be brought only in an individual capacity.

26.4 Exceptions

Either party may bring an action in small-claims court, and may seek injunctive or equitable relief in any court of competent jurisdiction to protect intellectual property or confidential information.

26.5 Opt-Out

The Host may opt out of Sections 26.2–26.4 by sending written notice to aloha@reefride.co with subject line "Arbitration Opt-Out" within thirty (30) days of first accepting these Host Terms. Opt-out does not affect any other provision.

26.6 Jury Trial & Consolidation Waiver

THE HOST AND REEFRIDE EACH KNOWINGLY AND VOLUNTARILY WAIVE ANY RIGHT TO A TRIAL BY JURY AND ANY RIGHT TO CONSOLIDATE CLAIMS WITH THOSE OF ANY OTHER PERSON.

26.7 Fees; Prevailing Party

Filing fees are split per AAA rules. The arbitrator may award reasonable attorneys' fees and costs to the prevailing party to the maximum extent permitted by law.

27. Modifications to These Terms

ReefRide may modify these Host Terms from time to time. Material changes will be posted on the Platform and emailed to the Host at least thirty (30) days before taking effect. Continued use of the Platform after the effective date constitutes acceptance. If the Host does not agree, the Host's sole remedy is to deactivate all Listings and close the account prior to the effective date.

Notwithstanding the foregoing, ReefRide may modify non-material operational policies (including Service Fee schedules for new bookings, payout mechanics, listing eligibility, Protection Plan mechanics, and search-ranking rules) with such notice as is commercially reasonable under the circumstances and in any event no less than seven (7) days. Changes required by law, court order, or to address an imminent safety, security, fraud, or regulatory risk take effect immediately upon posting.

28. Force Majeure

Neither party will be liable for any failure or delay in performance due to events beyond its reasonable control, including hurricanes, tsunamis, volcanic eruptions, earthquakes, pandemics, acts of terrorism, cyberattacks, utility or telecommunications failures, or governmental orders. A force majeure event excuses performance of non-monetary obligations only. It does not excuse any obligation to pay amounts already owed, indemnify, maintain confidentiality, or cooperate with claims or subrogation.

29. Severability & Assignment

If any provision of these Host Terms is held invalid or unenforceable, the remaining provisions remain in full force. The Host may not assign these Host Terms without ReefRide's prior written consent. ReefRide may assign these Host Terms in connection with a merger, acquisition, reorganization, or sale of substantially all of its assets.

30. Governing Law & Venue

These Host Terms are governed by the laws of the State of Hawaii, without regard to its conflict of laws principles. Subject to Section 26, the exclusive venue for any action is the state or federal courts located in Honolulu County, Hawaii.

31. Entire Agreement & No Third-Party Beneficiaries

31.1 Entire Agreement

These Host Terms, together with the ReefRide Policies incorporated by reference (including the Vehicle Sharing Agreement, Privacy Policy, and Payout Policy), constitute the entire agreement between the Host and ReefRide regarding the subject matter and supersede all prior or contemporaneous agreements.

31.2 No Third-Party Beneficiaries

These Host Terms are for the exclusive benefit of ReefRide and the Host. No Guest, insurer, lienholder, lessor, co-owner, or other third party has any right to enforce any provision hereof. Nothing in these Host Terms creates any duty of care, fiduciary duty, or agency relationship in favor of any third party.

32. Electronic Acceptance & Signatures

By clicking "I Agree," creating a Host account, or listing a Vehicle, the Host electronically signs and agrees to be bound by these Host Terms under the federal E-SIGN Act and Hawaii UETA. The Host confirms that their electronic signature has the same legal force as a handwritten signature.

Contact

If you have questions about these Host Terms, please contact us:

• Email: aloha@reefride.co
• Mail: ReefRide LLC, 1001 Bishop St, STE 2685A, Honolulu, HI 96813, USA