SWINGRIDES TERMS AND CONDITIONS OF USE AND RENTAL AGREEMENT

Version 1.0 | Commercial Marketplace Edition

Effective Date: September 1, 2026

Last Updated: August 12, 2026

These Terms and Conditions of Use and Rental Agreement, together with the documents expressly incorporated below, govern access to the SwingRides Platform and each vehicle rental arranged through it. Please read them carefully before creating an account, listing a Vehicle, or making a Reservation.

By accessing or using the Platform, a User agrees to the Platform provisions applicable to that User. By confirming a Reservation, the Host and Guest also agree to the rental provisions applicable to that Reservation.

ARTICLE 1. DEFINITIONS

1.1 Agreement

"Agreement" means these SwingRides Terms and Conditions of Use and Rental Agreement, together with the applicable Reservation Summary, Vehicle Inspection Report, Host Rental Rules, Incident Report, Damage Assessment Report, Protection Plan Addendum, Long-Term Rental Addendum, Commercial Fleet Addendum, Privacy Policy, Cancellation Policy, and any other document that is made available to the applicable User before acceptance and expressly incorporated by reference.

If an incorporated document conflicts with these Terms, the following order of priority applies unless applicable law requires otherwise:

• the applicable Protection Plan Addendum, solely for the protection product it governs;
• the Reservation Summary;
• any applicable Long-Term Rental Addendum or Commercial Fleet Addendum;
• these Terms;
• the Host Rental Rules.

No document supplied after a Reservation is confirmed changes the Agreement unless the affected parties agree to the change in writing or through Platform functionality.

1.2 SwingRides

"SwingRides" means the technology marketplace owned and operated by 645 Inc., or its successors. SwingRides provides software that enables independent Hosts to advertise Vehicles, receive reservation requests, communicate with Guests, process transactions through connected third-party services, and manage rental operations.

SwingRides provides technology and marketplace services only. SwingRides is not:

• the owner of a listed Vehicle;
• the rental company or lessor;
• the merchant of record for a Host's rental transaction;
• the payment processor;
• an insurer;
• the guarantor of a rental;
• the employer of a Host; or
• the general agent of a Host or Guest.

1.3 Platform

"Platform" means the SwingRides websites, applications, host portal, communications tools, reservation tools, and related technology services.

1.4 Host

"Host" means the individual vehicle owner, sole proprietor, rental business, fleet owner, or other person or entity that owns, leases, manages, or otherwise possesses legal authority to rent the Vehicle. Each Host acts independently and is responsible for its own rental business, listings, Vehicles, pricing, policies, legal compliance, taxes, insurance, refunds, and customer obligations.

1.5 Guest

"Guest" means the verified renter who makes a Reservation or enters into a rental transaction with a Host.

1.6 Approved Driver

"Approved Driver" means a person who has been approved by the Host, has completed any verification required by the Platform or Host, possesses a valid driver's license, satisfies the eligibility requirements disclosed before booking, and is identified in the Reservation Summary or otherwise approved in writing.

1.7 Vehicle

"Vehicle" includes the listed automobile and all keys, key fobs, charging cables, accessories, manuals, telematics equipment, GPS devices, dash cameras, optional equipment, spare tire, emergency equipment, and other items identified in the Reservation Summary or Vehicle Inspection Report.

1.8 Reservation and Reservation Summary

"Reservation" means a confirmed booking between a Host and Guest. "Reservation Summary" means the record provided before confirmation that identifies the Host, Guest, Vehicle, Approved Drivers, Rental Period, pickup and return instructions, pricing, mileage allowance, deposit requirements, insurance or protection arrangement, cancellation terms, and applicable Host Rental Rules.

1.9 Rental Period

"Rental Period" begins when possession of the Vehicle transfers to the Guest. It ends when the Vehicle is returned to the agreed location, possession is surrendered, and the Guest completes the return instructions. A later inspection does not extend the Rental Period, but the Host may assert a timely, documented claim for loss discovered after return.

1.10 Host Rental Rules

"Host Rental Rules" means the lawful, Vehicle-specific requirements disclosed to the Guest before booking and identified in the Reservation Summary.

1.11 Incident

"Incident" means an accident, theft, attempted theft, vandalism, breakdown, injury, property damage, impoundment, wrongful retention, or other event that may result in a claim or safety concern.

1.12 Damage

"Damage" means physical, cosmetic, mechanical, electronic, or environmental impairment beyond ordinary wear and tear, including diminished value and loss of use only where permitted by applicable law and supported by reasonable documentation.

1.13 Total Loss

"Total Loss" means a Vehicle determined by an applicable insurer, qualified appraiser, or other legally recognized process to be uneconomical or impracticable to repair under applicable standards.

1.14 Protection Plan

"Protection Plan" means an optional contractual waiver, assistance product, insurance product, or other protection arrangement offered for a Reservation and governed by a separate Protection Plan Addendum. A Protection Plan is not insurance unless it is expressly identified and issued as insurance.

1.15 Unauthorized Use and Wrongful Retention

"Unauthorized Use" means any use contrary to this Agreement. "Wrongful Retention" means continued possession or control of the Vehicle after the Rental Period without Host approval.

1.16 Force Majeure

"Force Majeure" means an event beyond a party's reasonable control, including a natural disaster, war, terrorism, government action, civil unrest, pandemic, or widespread infrastructure failure.

ARTICLE 2. CONTRACTUAL RELATIONSHIPS

2.1 Platform Relationship

Each User enters into a platform relationship with SwingRides for access to and use of the Platform. SwingRides may administer accounts and enforce Platform policies.

2.2 Rental Relationship

Each rental transaction is solely between the Host and Guest. The Host, not SwingRides, rents the Vehicle to the Guest. SwingRides is not a contracting party to the rental transaction and does not assume the Host's or Guest's rental obligations.

2.3 Limited Third-Party Beneficiary

SwingRides and 645 Inc. are intended third-party beneficiaries only of provisions that expressly grant them rights, protections, releases, indemnification, enforcement authority, or limitations of liability. This status does not make SwingRides the lessor, rental company, insurer, merchant of record, or party responsible for performing the rental.

2.4 No Other Relationship

Nothing in the Agreement creates an employment, partnership, joint venture, franchise, fiduciary, or general agency relationship between SwingRides and a Host or Guest.

ARTICLE 3. PLATFORM SERVICES AND ENFORCEMENT

3.1 Marketplace Services

SwingRides may provide listings, reservation software, messaging, identity-verification features, subscription management, reporting, recordkeeping, and Platform administration. SwingRides does not own, inspect, repair, or maintain Vehicles.

3.2 Platform Enforcement

SwingRides may investigate suspected fraud, abuse, safety concerns, or policy violations and may suspend or remove listings, suspend or terminate accounts, preserve evidence, and cooperate with lawful requests. These actions do not make SwingRides liable for the underlying rental transaction.

3.3 Platform Review

A Host or Guest may request a Platform Review through the support method then available on the Platform. A Platform Review is limited to determining whether Platform policies were violated and whether account or listing action is appropriate. SwingRides does not act as a court, arbitrator, claims adjuster, or insurer and does not determine legal liability or insurance coverage. A Platform Review does not pause any contractual, insurance, statutory, or filing deadline.

ARTICLE 4. ELIGIBILITY, ACCOUNTS, AND VERIFICATION

4.1 Account Information

Users shall provide complete, accurate, and current information and shall protect account credentials from unauthorized access. False or misleading information is a material breach.

4.2 Guest and Driver Eligibility

Each Guest and Approved Driver must satisfy the minimum age, licensing, identity, driving-history, geographic, and other eligibility requirements disclosed by the Host or Platform before payment. Requirements may vary by Vehicle, Host, insurer, protection provider, and jurisdiction.

4.3 Host Eligibility

Each Host represents that it has legal authority to rent every listed Vehicle and all licenses, registrations, permits, tax registrations, insurance, and other authorizations required by applicable law.

4.4 Verification Is Not a Guarantee

Identity or document verification reduces certain risks but does not guarantee a User's identity, reliability, solvency, driving ability, legal compliance, or future conduct.

ARTICLE 5. RESERVATIONS AND BOOKING

5.1 Formation

A Reservation becomes binding only after Host acceptance, required Guest and driver verification, successful payment processing through the Host's connected Stripe account, and completion of required documentation.

5.2 Lawful Rejection

A Host may reject a reservation request for a lawful, nondiscriminatory reason, including failed verification, fraudulent documentation, safety concerns, Vehicle unavailability, or failure to satisfy disclosed eligibility requirements.

5.3 Modifications

A material Reservation modification requires acceptance by both Host and Guest through the Platform or in another written record permitted by the Platform.

ARTICLE 6. CANCELLATIONS, NO-SHOWS, AND REFUNDS

6.1 Disclosed Policy

The cancellation terms applicable to a Reservation must be displayed before confirmation and identified in the Reservation Summary. They must state applicable deadlines, fees, refund eligibility, and no-show consequences.

6.2 Guest Cancellation

A Guest may cancel through the method provided by the Platform. The Host is responsible for issuing any refund required by the disclosed cancellation terms or applicable law.

6.3 Host Cancellation

If the Host cancels because the Vehicle is unavailable, unsafe, unlawfully listed, or otherwise cannot be provided, the Host shall refund amounts owed to the Guest under the disclosed policy and applicable law. Repeated or avoidable Host cancellations may result in Platform enforcement.

6.4 No-Shows

A Guest who does not appear or complete pickup within the disclosed grace period may be treated as a no-show, subject to the cancellation terms shown before booking.

6.5 Force Majeure and Emergencies

Cancellation consequences arising from Force Majeure, government restrictions, declared emergencies, or serious safety events shall be determined under the disclosed cancellation policy and applicable law.

6.6 SwingRides' Role

Because the Host is responsible for rental proceeds, SwingRides does not issue rental refunds. SwingRides may enforce Platform policies relating to cancellations but does not guarantee payment or reimbursement by either party.

ARTICLE 7. PAYMENT PROCESSING AND TAXES

7.1 Stripe Processing

Rental payments are processed through the Host's connected Stripe account for settlement to the Host's designated bank account. Stripe services are governed by the Stripe terms applicable to the Host and transaction. SwingRides does not collect, hold, escrow, distribute, or control rental proceeds and is not the merchant of record for the Host's rental transaction.

7.2 Host Responsibilities

The Host is solely responsible for rental payment collection, receipts, refunds, chargeback responses, payment-processing obligations, and tax reporting. Platform subscription fees owed by the Host are separate from rental proceeds.

7.3 Payment Disputes

Rental payment disputes remain between the Host and Guest, except that SwingRides may review conduct solely for Platform-policy enforcement.

ARTICLE 8. RENTAL CHARGES, FEES, AND SECURITY DEPOSITS

8.1 Charges

The Guest shall pay charges disclosed before booking, which may include rent, taxes, mileage, delivery, optional products, tolls, parking, cleaning, refueling or charging, administrative fees, and lawful recovery costs.

8.2 Fee Disclosure

A Host may collect a discretionary or administrative fee only if the fee and its basis were disclosed before booking or the fee compensates a later loss permitted by this Agreement and applicable law.

8.3 Security Deposits

If a security deposit is required, the Reservation Summary must disclose the amount, whether it is an authorization hold or collected deposit, the processing method, the conditions for deduction, and the expected release or refund timeframe.

The Host is responsible for administering the deposit. Permissible deductions may include documented Damage, missing equipment, excessive cleaning, unpaid tolls, traffic citations, refueling or charging, and other losses permitted by the Agreement and applicable law.

The Host shall notify the Guest of a deduction and provide reasonable supporting documentation within the period disclosed in the Reservation Summary or required by applicable law. Any unused collected balance shall be refunded, and any unused authorization shall be released, within the disclosed or legally required timeframe.

ARTICLE 9. VEHICLE DELIVERY, CONDITION, AND ACCEPTANCE

9.1 Host Delivery Obligations

Before transferring possession, the Host shall provide the Vehicle, keys, legally required registration evidence, pickup instructions, and other items identified in the Reservation Summary.

9.2 Host Vehicle Warranty

The Host represents that the Vehicle is legally registered, roadworthy, compliant with applicable safety requirements, and free from any known undisclosed defect that makes operation unsafe.

9.3 Pickup Inspection

The parties shall complete or document a pickup inspection covering mileage, fuel or battery level, tires, windshield, interior, exterior, accessories, warning indicators, and photographs. Failure to report visible pre-existing Damage before departure creates a rebuttable presumption that the condition was not present at pickup, unless contrary evidence exists.

Photographs, videos, timestamps, telematics, messages, and inspection reports may be used as evidence to the extent permitted by applicable law.

ARTICLE 10. AUTHORIZED DRIVERS AND VEHICLE USE

10.1 Approved Drivers

Only an Approved Driver may operate the Vehicle. The Guest remains responsible for compliance by every Approved Driver.

10.2 Permitted Use

The Vehicle may be used only for lawful purposes, within approved geographic limits, with reasonable care, and in accordance with manufacturer recommendations and the Host Rental Rules.

10.3 Prohibited Uses

The Guest and every Approved Driver shall not:

• drive under the influence of alcohol, drugs, or another impairing substance;
• use the Vehicle in connection with a crime;
• transport illegal drugs, stolen property, or hazardous materials unlawfully;
• race, drift, speed test, participate in a track event, or engage in stunt driving;
• tow without authorization or operate off-road;
• use the Vehicle for driver education or sublease it;
• smoke where prohibited by the Host Rental Rules;
• disable, remove, or tamper with GPS, telematics, cameras, odometers, or safety equipment;
• modify vehicle software, engine controls, or physical components;
• allow an unauthorized driver to operate the Vehicle;
• abandon, intentionally damage, or conceal the Vehicle;
• cross an international border without written approval;
• overload the Vehicle beyond manufacturer limits; or
• ignore a warning indicator when continued operation could reasonably cause significant Damage or create a safety hazard.

A prohibited use is a material breach and may result in termination, Vehicle recovery, Platform suspension, and liability for resulting loss, subject to applicable law and any applicable insurance or Protection Plan terms.

ARTICLE 11. TELEMATICS, GPS, CAMERAS, AND PRIVACY

11.1 Disclosure

Where legally permitted and disclosed in the listing or Reservation Summary, a Vehicle may contain GPS, telematics, dash cameras, immobilization technology, or other electronic systems used for fleet management, theft prevention, safety, mileage verification, maintenance diagnostics, or recovery.

11.2 Data Use

Operational data may be collected during the Rental Period. Hosts shall use such systems only for disclosed, lawful purposes and shall not unlawfully monitor private activity. Audio or interior recording may be used only if separately disclosed and legally permitted.

11.3 Privacy Policy

SwingRides' collection and handling of personal information is governed by the SwingRides Privacy Policy. A Host is independently responsible for its own collection and use of Guest information and compliance with applicable privacy law.

ARTICLE 12. RENTAL PERIOD, EXTENSIONS, AND LATE RETURNS

12.1 Extensions

An extension requires Host approval through the Platform or another written record permitted by the Platform. Continued possession after expiration without approval is Unauthorized Use.

12.2 Routine Late Return

A routine late return may result in additional rental charges, disclosed administrative fees, recovery expenses, cancellation of an affected future reservation, or account action.

12.3 Wrongful Retention

Wrongful Retention may include refusing to return the Vehicle, intentionally avoiding communication, concealing the Vehicle, transferring possession to another person, disabling tracking equipment, or providing false return information.

Where permitted by law, the Host may deny an extension, assess lawful charges, recover reasonable expenses, initiate Vehicle recovery, notify law enforcement where appropriate, and pursue available civil remedies. SwingRides may preserve records, assist lawful investigations, and suspend or terminate Platform access.

ARTICLE 13. MAINTENANCE, MECHANICAL FAILURE, AND ROADSIDE EVENTS

13.1 Guest Duties

The Guest shall monitor warning indicators, maintain reasonable tire pressure, refuel or recharge as required, promptly report mechanical concerns, and stop operating the Vehicle when continued use could worsen a condition or create a safety hazard.

13.2 Host Duties

The Host remains responsible for scheduled maintenance and pre-existing mechanical conditions unless a lawful Long-Term Rental Addendum expressly provides otherwise.

13.3 Breakdown Procedure

If the Vehicle becomes inoperable, the Guest shall protect occupants and the Vehicle, promptly notify the Host, follow reasonable roadside instructions, and not authorize non-emergency repairs without Host approval. The parties shall cooperate in good faith to determine whether the failure resulted from normal mechanical issues, ordinary wear, misuse, negligence, or another cause.

ARTICLE 14. FUEL, CHARGING, MILEAGE, AND TIRES

14.1 Fuel and Battery Level

Unless the Reservation Summary states otherwise, the Guest shall return the Vehicle with substantially the same documented fuel or battery level. A disclosed, reasonable refueling or recharging service fee and the replacement cost may apply.

14.2 Electric Vehicles

The Guest shall use compatible, manufacturer-approved charging equipment unless instructed otherwise and shall not knowingly misuse charging equipment, intentionally deep-discharge the battery, or engage in a charging practice likely to cause Damage.

14.3 Mileage

Mileage may be determined by odometer readings, telematics, inspection reports, photographs, or other reasonably reliable evidence. Excess mileage shall be charged at the rate disclosed in the Reservation Summary. Odometer or telematics tampering is a material breach.

14.4 Tires

Normal tire wear is the Host's responsibility. The Guest is responsible for tire Damage resulting from negligence, curb impact, continued driving on a flat tire, burnouts, racing, off-road use, or intentional misuse. Responsibility for an unavoidable road hazard shall be determined under applicable law and the applicable insurance or Protection Plan terms.

ARTICLE 15. VEHICLE RETURN AND POST-RETURN INSPECTION

15.1 Return Requirements

The Vehicle shall be returned at the agreed location and time, with all keys, accessories, charging equipment, and documents, and in substantially the same condition except for ordinary wear and tear.

15.2 Return Inspection

The parties should document mileage, fuel or battery level, Damage, warning indicators, missing equipment, cleanliness, and photographs. If the Guest is unavailable, the Host may complete a reasonable, documented inspection.

15.3 Post-Return Claims

The Host shall notify the Guest of Damage or missing equipment discovered after return within the timeframe disclosed in the Reservation Summary or, if none is disclosed, within a reasonable time permitted by applicable law. The notice should identify the claimed loss and include available supporting evidence. Latent mechanical or electronic Damage may be reported later when it could not reasonably have been discovered during the initial inspection.

15.4 Excessive Cleaning

The Host may recover reasonable, documented cleaning costs for conditions beyond ordinary use, including excessive mud, sand, stains, smoke residue, prohibited pet hair, bodily fluids, food waste, biohazard contamination, or strong odors requiring professional remediation.

15.5 Missing Equipment and Unauthorized Locations

The Guest is responsible for missing items identified in the Vehicle Inspection Report or Reservation Summary. A Vehicle left at an unauthorized location without Host approval may be treated as abandoned, and the Guest may be responsible for reasonable recovery expenses.

ARTICLE 16. PERSONAL PROPERTY

The Guest is responsible for personal property left in the Vehicle. To the extent permitted by law, neither the Host nor SwingRides is liable for lost, stolen, or damaged personal property unless the loss results from that party's conduct for which liability cannot lawfully be excluded.

If property is recovered, the Host shall make reasonable efforts to notify the Guest and shall follow applicable law regarding storage and disposal. Reasonable shipping costs are the Guest's responsibility unless otherwise agreed.

ARTICLE 17. TOLLS, CITATIONS, AND IMPOUNDMENT

The Guest is responsible for tolls, parking charges, traffic violations, congestion charges, camera citations, and impound fees attributable to the Rental Period. If a charge is later assessed against the Host, the Guest shall reimburse the underlying amount and any reasonable processing or collection fee disclosed before booking or permitted by applicable law.

ARTICLE 18. INCIDENTS, THEFT, AND TOTAL LOSS

18.1 Incident Duties

Following an Incident, the Guest shall protect human life, contact emergency services when required, notify the Host promptly, notify law enforcement where legally required, photograph the scene when safe, exchange legally required information, preserve available evidence, and submit a SwingRides Incident Report within the timeframe disclosed by the Platform.

The Guest shall not knowingly admit liability on behalf of the Host or SwingRides.

18.2 Theft

If the Vehicle is stolen, the Guest shall immediately notify law enforcement, the Host, and applicable insurers or protection providers when required. Failure to report promptly may increase responsibility only to the extent permitted by law and applicable coverage terms.

18.3 Total Loss

Responsibility for a Total Loss shall be determined under this Agreement, applicable law, applicable insurance or Protection Plan terms, and supported findings regarding negligence, prohibited use, or other causation.

ARTICLE 19. INSURANCE AND PROTECTION PLANS

19.1 Required Arrangement

A Reservation may proceed only when the Host has selected an insurance or protection arrangement permitted by SwingRides and applicable law. The applicable arrangement, eligibility requirements, material limitations, and responsibilities must be disclosed in the Reservation Summary or applicable Protection Plan Addendum before confirmation.

19.2 Permitted Models

Subject to Platform requirements and applicable law, a Reservation may rely on Host-provided commercial insurance, Guest-provided insurance that has been verified or accepted under the applicable process, a qualifying combination of insurance, or an optional Protection Plan.

19.3 No Coverage Guarantee

SwingRides does not guarantee that a Guest's personal, commercial, credit-card, or other insurance applies to a Reservation. Evidence of insurance does not guarantee coverage. Coverage is determined solely under the insurer's policy, endorsements, exclusions, and applicable law.

19.4 Protection Products

A waiver, assistance product, or contractual protection product is not insurance unless expressly identified as insurance. Available products may include collision damage waiver, tire protection, glass protection, roadside assistance, personal accident coverage, interior protection, or key replacement protection. Each product is governed by its Protection Plan Addendum.

19.5 No Implied Insurance

Nothing in this Agreement creates insurance or protection where none exists. SwingRides is not an insurer, insurance broker, claims adjuster, or guarantor of coverage unless a separate written disclosure expressly states a legally authorized role.

ARTICLE 20. CLAIMS AND DAMAGE DOCUMENTATION

20.1 Claims Evidence

A party asserting a claim should provide photographs, videos, inspection reports, invoices, repair estimates, police reports where applicable, communications, and available telematics data. Failure to provide reasonably requested documentation may affect claim evaluation.

20.2 Claims Responsibility

The Host remains responsible for pursuing payment from the Guest, an Approved Driver, an insurer, or a protection provider. SwingRides does not issue rental refunds or damage reimbursements and may review evidence only for Platform-policy enforcement.

20.3 Mitigation and Documentation

Each party shall take reasonable steps to prevent avoidable additional loss. Claimed repair costs, loss of use, diminished value, administrative expenses, and recovery costs must be reasonable, documented, and permitted by applicable law.

ARTICLE 21. REPRESENTATIONS AND WARRANTIES

21.1 Guest Representations

The Guest represents that submitted information is truthful, each Approved Driver is properly licensed and eligible, the Vehicle will be used lawfully, Incidents and Damage will be reported promptly, and no fraudulent payment method or document will be used.

21.2 Host Representations

The Host represents that it has authority to rent the Vehicle, maintains legally required registration and insurance, complies with applicable licensing and safety requirements, accurately states pricing and policies, discloses known material defects, and uses photographs that reasonably depict the Vehicle.

ARTICLE 22. DEFAULT AND TERMINATION

Material breaches include fraud, an unauthorized driver, Wrongful Retention, prohibited use, nonpayment, false documentation, intentional concealment of Damage, disabling telematics, or criminal use of the Vehicle.

The Host may terminate the rental when the Guest materially breaches the Agreement, continued possession creates a safety risk, required insurance or protection becomes invalid, or the Vehicle is used unlawfully. Termination and recovery must comply with applicable law. SwingRides may separately suspend Platform access for policy violations.

ARTICLE 23. INDEMNIFICATION

23.1 Guest Indemnification

To the extent permitted by law, the Guest shall defend, indemnify, and hold harmless the Host, SwingRides, and 645 Inc. from third-party claims, damages, liabilities, fines, penalties, judgments, costs, and reasonable attorneys' fees arising from the Guest's breach, negligence, intentional misconduct, Unauthorized Use, unlawful conduct, fraud, or misrepresentation.

23.2 Host Indemnification

To the extent permitted by law, the Host shall defend, indemnify, and hold harmless SwingRides and 645 Inc. from third-party claims arising from inaccurate listings, unsafe Vehicles, lack of authority to rent a Vehicle, the Host's violation of law, the Host's collection or use of personal information, or disputes concerning rental payments controlled by the Host.

23.3 Limitations

An indemnity does not apply to the extent a claim results from the indemnified party's own fraud, gross negligence, willful misconduct, or other liability that cannot lawfully be shifted.

ARTICLE 24. LIMITATION OF LIABILITY

To the fullest extent permitted by law, SwingRides and 645 Inc. are not liable for Vehicle condition, mechanical failure, an accident, injury, insurance-coverage dispute, payment dispute, rental refund, theft, User misconduct, or an act or omission of a third party.

Nothing in the Agreement excludes or limits liability that cannot lawfully be excluded or limited. Any limitation is subject to mandatory consumer-protection law.

ARTICLE 25. DISPUTE RESOLUTION

25.1 Direct Resolution

The Host and Guest shall first attempt in good faith to resolve a rental dispute through the SwingRides messaging system or another written channel preserved by the parties.

25.2 Platform Review

Either party may request a Platform Review as described in Section 3.3. Participation does not waive or delay a party's legal rights or deadlines.

25.3 Available Remedies

Nothing prevents a party from pursuing remedies available under applicable law. This Agreement does not require arbitration, waive a jury trial, or waive participation in a class action unless a separate, enforceable agreement accepted by the affected parties expressly provides otherwise.

ARTICLE 26. GOVERNING LAW AND VENUE

The rental transaction is governed by the law specified in the Reservation Summary. If no law is specified, it is governed by the law of the jurisdiction where the Host principally operates, without regard to conflict-of-law principles, except where mandatory consumer-protection law requires otherwise.

The Platform relationship between a User and SwingRides is governed by the law stated in the applicable Platform policy or, if none is stated, the law of the State of Georgia, subject to mandatory law. Venue shall lie in a court with lawful jurisdiction over the applicable dispute.

ARTICLE 27. ELECTRONIC RECORDS AND SIGNATURES

Electronic signatures, inspection reports, photographs, videos, communications, booking confirmations, timestamps, and audit logs have the legal effect afforded to electronic records under applicable law. A User consents to receive records electronically and is responsible for retaining copies needed for personal or business purposes.

ARTICLE 28. GENERAL PROVISIONS

28.1 Notices

SwingRides may provide notices through the Platform, the email address associated with a User's account, or another legally permitted electronic method. A User shall keep contact information current. Notices between a Host and Guest may be delivered through Platform messaging unless the Agreement or applicable law requires another method.

28.2 Amendments

SwingRides may update Platform terms prospectively by posting the revised version and providing any notice required by law. A material amendment does not retroactively change a confirmed Reservation unless the affected Host and Guest agree or applicable law requires the change.

28.3 Severability

If a provision is held unenforceable, it shall be enforced to the maximum extent permitted, and the remaining provisions shall remain effective.

28.4 No Waiver

Failure to enforce a provision is not a waiver of the right to enforce it later.

28.5 Assignment

A Host or Guest may not assign a Reservation without the other party's written consent. SwingRides may assign its Platform rights and obligations in connection with a merger, reorganization, sale of assets, or other lawful business transfer.

28.6 Entire Agreement

The Agreement and documents properly incorporated under Section 1.1 constitute the entire agreement concerning the applicable Platform use and rental transaction and supersede prior discussions on those subjects.

28.7 Survival

Payment obligations, claims, indemnification, limitations of liability, dispute resolution, evidence preservation, and provisions that by their nature must continue shall survive termination to the extent necessary to resolve matters arising from Platform use or the Rental Period.

28.8 Contact

Questions about these Terms may be submitted through the Contact Support page on the SwingRides Platform or by email to [email protected].

USER ACKNOWLEDGMENT

By creating an account or using the Platform, a User acknowledges the Platform provisions applicable to that User. By confirming a Reservation, the Host and Guest acknowledge that they had an opportunity to review the applicable Reservation Summary, incorporated policies, and these Terms, and agree to be bound by them.