Terms

1. INTRODUCTION

1.1 Contractual Relationship

The following terms of service (the “Terms”) constitute a legally binding agreement between you (also referred to below as “User”) and Muvr Technologies, Inc. (“Muvr”). These Terms govern your access to and/or use of (i) Muvr’s websites, including but not limited to its website https://www.muvr.io , (collectively, the “Websites”), (ii) Muvr’s mobile applications (each, a “Muvr App” and collectively, the “Muvr Apps”), and (iii) other Muvr’s platforms (collectively, the Websites, Apps, and related Platforms are referred to herein as the “Muvr Platforms”). These Terms also apply to any services you receive through the Muvr Platforms, which may include services provided by Muvr, its subsidiaries, affiliates, or third-party providers (referred to as “Third Party Providers”).

Before you access or use any of the services provided by Muvr, please read these Terms carefully. By accessing or using the Muvr Platforms, you agree to be bound by these Terms. This includes provisions that cover your use of the Services, limitations of liability by Muvr, and the requirement for individual arbitration of any disputes that may arise between you and Muvr. In this Agreement, the terms “including” and “include” signify that the list provided is illustrative but not exhaustive.

1.2 Accepting these terms

Please carefully review these Terms before you access or use any of the Muvr Platforms, including but not limited to placing orders for loading, unloading, transportation, moving services, or any other services offered through the Muvr Platforms (collectively referred to as the “Services”). By accessing or using the Muvr Platforms, including using the Muvr App or placing an order for Services online, you agree to abide by these Terms.

These Terms encompass various provisions, including those governing claims related to property damages, limitations on Muvr’s liability, and requirements for individual arbitration of any legal disputes between you and Muvr. Your use of the Muvr Platforms and receipt of Services is contingent upon your acceptance of these Terms. If you do not agree to these Terms, refrain from using the Muvr Platforms or receiving any Services.

1.3 Modification to terms

Muvr reserves the right to modify these Terms of Service at any time. If Muvr makes changes to these Terms, it will update the “Last Modified” date at the top of this document. Additionally, Muvr may notify you of these changes through other means, such as posting a notice on its homepage or sending you an email notification. It is important for you to periodically review these Terms to stay informed about Muvr’s policies, and you should always review them before placing any order for Services.

Unless Muvr informs you otherwise, any changes to these Terms will become effective when they are posted online or otherwise made available for your review. By continuing to use any Muvr Platform after the revised Terms have been posted or made available, including by placing an order for Services with Muvr, you agree to accept the changes and be bound by the updated Terms.

If you have already placed an order for Services before a change to these Terms takes effect, your order will be governed by the Terms that were in place at the time you placed the order.

1.4 Definitions of key terms used in the document

“Agreement” denotes these Terms and Conditions and the Privacy Policy and other documents provided to you by the website.

“We,” “us,” and “our” are references to MUVR.IO.

“User,” “You,” and “your” denotes the person who is accessing the website to take or avail of any service from us. User shall include the company, partnership, sole trader, person, body corporate, or association taking services of this website.

” Website” shall mean and include www.muvr.io and any successor Website of the Company or any of its affiliates.

“Services” refers to any type of moving labor service offered on this site. This includes loading, unloading, packing, furniture movement, or any other allied services. This could be referred to colloquially as a or the “job“;

“Supplier” or “moving service provider” refers to an individual, moving company, or other like entity that is available for hire specifically for the performance of Services on the site. This may also be used interchangeably with “they,” “them,” “the moving company,” or “vendor.”

Parties: Collectively, the parties to this Agreement (We and You) will be referred to as Parties.

1. SERVICES

Muvr is a technology-driven platform that connects individuals in need of local, regional, and other moving services, or services related to moving, with (i) independent third-party service providers who can offer loading, unloading, or other assistance; and/or (ii) independent third-party motor carriers who can provide transportation of property (each individual or company Muvr partners with to deliver the requested Services is referred to as a “Third Party Provider”). Muvr is not a household goods mover or transportation provider and does NOT offer moving services directly. Muvr functions as a property broker and referral and booking service that links you, a “User” of the Muvr Platforms, with Third Party Providers of the Services. As a property broker and referral and booking service, you acknowledge and understand that Muvr is not subject to the same laws and regulations that apply to household goods motor carriers. Consequently, by obtaining Services through the Muvr Platforms, you may not receive the same consumer protections as those provided by household goods movers.

When you use the Muvr Platforms to request Services, you acknowledge and agree that you are asking Muvr to provide you with property broker or referral/booking services only, and to arrange and schedule the Services with Third Party Providers on your behalf. You further acknowledge and agree that when Muvr arranges for a Third Party Provider to perform loading, unloading, transportation, or other moving-related services, Muvr is acting solely as a property broker or booking agent (and not as a household goods broker or motor carrier). Except as otherwise provided herein (see Section 8 and its subparts below), Muvr holds no responsibility for any transportation services, loading or unloading services, moving-related services, or other services carried out by the Third Party Providers on your behalf. You further acknowledge that you obtain all Services from Third Party Providers at your own risk.

1. YOUR USE OF THE SERVICES

3.1 User Accounts

To use most features of the Muvr app, you must register for a personal account. You must be at least 18 years old, or the age of majority in your location, to create an account. This will require you to provide personal information such as your name, address, phone number, and age, along with a valid credit card. You must keep your account information accurate and up-to-date, and failure to do so may result in loss of access to the services or termination of this Agreement. You are responsible for all activity under your account, so keep your username and password confidential. You are only allowed to have one account.

3.2 User Requirements and Conduct

The services are only available for individuals over the age of 18. You may not let someone else use your account, and you cannot let minors use the services without accompanying them. You must follow all applicable laws when using the services and only use them for lawful purposes. You may not cause any disturbance, harm, or property damage. Muvr may ask you to verify your identity, and if you refuse, you may not be able to use the services.

Note: Muvr’s app is only for moving and delivering items and does not include personal transportation. Drivers are solely responsible for their own insurance and liability when transporting users. Be cautious before getting in a vehicle with someone else.

3.3 Text Messaging, E-mails and Phone Calls

By creating an account, you agree that Muvr and its subsidiaries and affiliates, along with their respective employees, contractors, and agents, may contact you at any of the phone numbers or e-mail addresses you provide. This contact may include, but is not limited to, e-mails, text messages, calls, and push notifications. Such communications may also include messages generated by an automatic telephone dialing system. Standard message and data rates may apply. By creating an account, you agree to receive informational text messages as part of using the services. You may opt-out of receiving communications by emailing a request to opt-out to support@www.muvr.io. However, opting out of all communications may impact your use of the services.

Managing Communication Preferences

To ensure you have control over your communication preferences, Muvr provides the following options:

1. Email Unsubscribe:
   Customers can unsubscribe from promotional or informational emails by clicking the “Unsubscribe” link provided at the bottom of any Muvr email. Alternatively, contact support@www.muvr.io to stop receiving marketing emails.
2. SMS Opt-Out:
   To stop receiving SMS/text messages, reply with “STOP” to any Muvr SMS, or contact support for assistance at support@www.muvr.io.
3. Push Notification Management:
   Disable push notifications via your device’s Notifications settings for the Muvr app.
4. Updating Preferences via Account Settings:
   Log into the Muvr app or website and navigate to Settings or Preferences to manage communication preferences for updates, reminders, and transactional communications.
5. Important Notes:

• Opting out of all communications may limit service updates like real-time ETAs and status notifications.
• Transactional communications (e.g., confirmations, receipts) cannot be fully disabled to ensure service accuracy.

3.4 Promotional Codes

Muvr may offer promotional codes that can be redeemed for account credit or other benefits. You agree to use these codes as intended, not duplicate or transfer them, and not use them for illegal purposes. Muvr may disable codes at any time and reserves the right to deduct credits if codes are used in violation of terms or laws.

3.5 User Provided Content

Muvr may allow you to submit content such as comments or feedback. This content remains your property, but by submitting it, you grant Muvr a worldwide license to use, copy, modify, distribute, display, and exploit the content without further notice or payment. You guarantee that you have the rights to the content and that it does not infringe on any third party’s rights or violate any laws.

3.6 Network Access and Devices

To use the Services, you must ensure that you have the necessary data network access. If you access or use the Services from a mobile device, your mobile network’s data and messaging rates and fees may apply. It is your responsibility to acquire and maintain the compatible hardware or devices needed to access and use the Services and Applications, including any updates. Muvr cannot guarantee that the Services will operate on any specific hardware or devices. Additionally, the Services may experience malfunctions and delays due to the nature of the Internet and electronic communications.

1. PAYMENT

By using Muvr’s services, you may incur charges for the services you receive from our service providers. Muvr will act as the limited payment collection agent for the service provider and will facilitate payment for the charges through your designated payment method in your account. The charges will include taxes if required by law. The charges are final and non-refundable unless otherwise specified by Muvr.

Payment for the charges must be made immediately. In case your primary payment method is invalid, Muvr may use a secondary payment method in your account, if available. Muvr reserves the right to change the charges for our services at any time. During peak times, the charges in certain areas may increase. Muvr will inform you of the charges, but you are responsible for any charges incurred under your account.

Muvr may offer promotional discounts or special offers to some users, but this does not apply to you unless you are also given the same offer. If you cancel a service request before the service provider arrives, you may be charged a cancellation fee. Your payment to the service provider compensates them fully for the services they provide. Muvr does not consider any portion of your payment as a tip or gratuity to the service provider. Tips are voluntary, and you may rate your experience and provide additional feedback after the service.

Customer Acknowledgement: The Customer agrees that, following the completion of a Service by a Supplier, they will sign the Supplier’s work order indicating the total number of hours performed and the total sum owed. This is an irrevocable authorization for Muvr to charge your credit card for the specified balance, provided your credit card has been designated as the form of payment, and then release the corresponding payment to the relevant Supplier. Regarding any sum issued, there shall be absolutely no refund.

Once said payment has been made, the Customer accepts that all payment disputes (including, but not limited to, defective Services by the Supplier) shall be directed only against the relevant Supplier, with Muvr fully indemnified thereby. This includes but is not limited to any request to a credit card company to cancel or retract all payments to Muvr.

The Customer accepts that if the final balance is not paid immediately to the Supplier and Muvr must collect payment directly from the Customer, a credit card processing fee will be added to the balance owing.

Supplier Acknowledgement Regarding Customer Payments: The Supplier shall agree that it is only entitled to payment from Muvr for its Services when the Customer has granted written authorization for Muvr to charge the selected credit card and signed the related work order provided by Muvr. The Supplier is responsible for providing Muvr with a legible copy of the completed and signed work order for processing. If a Customer refuses or otherwise fails to authorize payment to the Supplier, then this failure or refusal is a matter between the Customer and the Supplier. The Supplier further accepts that Muvr is fully indemnified against any subsequent action or responsibility related to the Customer’s inability or refusal to pay.

1. REFUSAL OF SERVICE

5.1 Conditions Under which Muvr can refuse service

The terms outlined specify that Muvr has the authority to refuse or cancel service orders at any time and for any reason. Several scenarios are detailed that may lead to refusal or cancellation of services:

1. Evictions: Muvr can cancel an order if the customer or anyone at the service location is being evicted, in the process of eviction, or has been evicted. This ensures that Muvr does not get involved in potentially legally complex or volatile situations.
2. Prohibited Property: Services can be refused if the items to be moved are prohibited by Muvr’s terms, which are further detailed in Section 8.4 of their agreement. This may include hazardous materials or items that are illegal to transport.
3. Dangerous, Hazardous, or Unsanitary Conditions: If the service location is deemed dangerous, hazardous, or unsanitary, Muvr or the Third Party Providers may refuse to perform the services. This could include situations like unfinished attics, hoarding scenarios, the presence of animal or human waste, or flooded areas. This clause ensures the safety and health of the service providers.
4. Inclement Weather: In cases of severe weather, such as heavy rain, snow, sleet, hail, lightning, or high winds, services may be rescheduled or canceled without a fee. If services proceed despite inclement weather, any damages incurred are not covered under the Damage Protection Policy.
5. Access to Property: If the property cannot be accessed safely or is too far from the moving vehicle, services may be refused or canceled. For instance, if a driveway is dangerous or if the distance to walk to the property is excessive (e.g., over 100 yards), services may be halted. In such cases, if services are provided, the customer should ensure someone remains with the property to prevent theft, which is not covered under the Damage Protection Policy.
6. Narrow Doorways, Hallways, or Stairs: Services may be refused if items cannot be safely moved through narrow doorways, hallways, or up/down stairs. If the customer insists on proceeding despite warnings, they waive their right to reimbursement for any damages that occur.
7. Insufficient Moving Space: If the property cannot fit into the moving truck, pod, or other service vehicle, the Third Party Providers may stop loading additional items until the vehicle is unloaded.

5.2 User responsibilities and rights in case of refusal

If services are canceled or rescheduled based on these terms or any other term in the agreement, applicable cancellation or rescheduling fees may apply. This comprehensive set of conditions helps ensure that Muvr and its Third Party Providers can operate safely and within legal and logistical constraints.

1. DAMAGES

Muvr operates as a property broker that connects users with third-party service providers who can offer the services you need. Although Muvr strives to connect you with high-quality providers, it does not make any promises or guarantees about the quality of the services you may receive. Furthermore, Muvr cannot ensure that the third-party providers will not damage or lose your property.

As an independent property broker and referral service, Muvr is not responsible for any property damage that may occur as a result of the services provided by these third-party providers. However, Muvr offers a voluntary damage protection policy under certain conditions and limitations. This means that if you file a claim with Muvr within the specified time frame, Muvr may provide damage protection as outlined in their policy.

It’s important to note that Muvr does not offer any other form of property damage protection beyond what is specified in the damage protection policy. By placing an order with Muvr, you acknowledge and agree that you will not be able to seek compensation from Muvr for any other damages to your property, whether those damages arise from a contract, negligence, or other legal grounds.

PLEASE READ THE FOLLOWING SECTIONS CAREFULLY, AS THEY AFFECT YOUR LEGAL RIGHTS. If you do not agree with Muvr’s damage protection policy or if you require additional protection for your property, you should either refrain from placing an order with Muvr or obtain additional insurance from a third-party insurance provider before any services are performed.

Consider that you may not obtain coverage under the Damage Protection Policy and obtain damages from a Third Party Provider or any insurance policy insuring such Third Party Providers). By opting to use the Damage Protection Policy, you waive and release the third-party providers from any liability for damages resulting from their services. This means the maximum amount you can claim for any damages to your property is limited to what is specified in the Damage Protection Policy.

To use third-party providers through Muvr, you agree that these providers are not liable for any damages beyond what is covered by the Damage Protection Policy, unless explicitly stated otherwise in a separate written agreement between you and the provider. In other words, if you decide to pursue a claim against a third-party provider instead of using Muvr’s policy, your claim will still be subject to the same terms and limitations outlined in the Damage Protection Policy.

The third-party providers are considered beneficiaries of these terms, specifically Section 8 and its subsections. However, the $500 liability limit does not apply if you file a claim against a driver for property damage caused by a motor vehicle accident, provided the damages are within the limits of any relevant cargo insurance policy. This limit does apply to any claims you make against Muvr or its subsidiaries and affiliates.

6.1 FIling claims for damages

If your personal or real property is damaged by a third-party provider while using Muvr’s services, you must file a claim within (5) five business days of receiving the services. Only the person who booked the service or the property owner can file a claim. Missing this deadline might prevent you from making any claims against Muvr, regardless of the legal basis.

To file a claim, contact the Muvr Team by emailing claims@www.muvr.io. You will receive a damage claim form which you must complete and submit with all relevant documentation within the (5) five-day period. Relevant documentation includes a description of the damaged property, the nature of the damage, and pictures of the damage. Additionally, you should provide the date of the move, documentation of the damage amount, and contact information of the property owner. Your claim is not officially filed until you submit a completed claim form. Once filed, no additional claims related to the same service order will be accepted.

You must cooperate with Muvr during the investigation of your claim by providing any requested evidence, including additional pictures. If you do not cooperate or if your claim remains unresolved for 30 days due to your actions or inaction, Muvr may deny your claim entirely, and neither Muvr nor its affiliates will be liable for any damages.

After reviewing your claim and evidence, Muvr may offer a settlement. You have 30 days to accept or reject the offer, unless a shorter period is specified. If you do not respond within this 30-day window, your claim will be denied, and you will not be entitled to any damages under the Damage Protection Policy.

6.2 Damages To Personal Property Caused By Third Party Providers

If a third-party provider arranged by Muvr damages or loses your property while loading, unloading, or providing other non-transportation services, Muvr will assume liability up to $500 per shipment or order. This includes damages caused by negligent packing by a mover or negligent driving by a driver.For the avoidance of doubt, Muvr will not assume any liability for any damages that occur in transit if you have ordered One mover services (also referred to as “One Mover (I’ll help))” on the Websites and Muvr Apps) and the damage occurred while your personal property was being handled by yourself or placed in a vehicle that is not provided or driven by a Third Party Provider.

Muvr will assume liability if you provide evidence, in Muvr’s sole discretion, that the damages occurred during the move and timely file a claim for damages with Muvr pursuant to the provisions below. In no event, however, will Muvr’s total liability exceed $500 for any of it’s services.

If your property exceeds the $500 liability limit or doesn’t qualify for the Damage Protection Policy, Muvr advises you to take extra precautions., including, but not limited to, wrapping and protecting items yourself, providing extra padding and packing materials, moving the items yourself, or purchasing third-party insurance. Personal property that may significantly exceed the Liability Limit and do not qualify for the Damage Protection Policy includes, high-value items like jewelry, silverware, china, furs, antiques, oriental rugs, computer software, paintings, statues, fine art, custom furniture, and electronic devices are examples of items that might exceed the liability limit and not qualify for the protection policy.

By accepting Muvr’s services, you acknowledge that you will not be entitled to any other damages for your property beyond what is specified, unless you have a separate signed agreement with a third-party provider. This applies even if the damages were caused negligently or intentionally by a mover, driver, or helper.

6.3 Damages To Real and Certain Other Related Property Caused By Third Party Providers

If a Third Party Provider (whether a Helper or Driver) causes damage to your real property while performing the Services and you timely file a claim for damages, Muvr will only assume the following liability for damages, provided that all your damages, whether to real or personal property shall be subject to the maximum total per order limitations described above ($500).

1. Damages to Wood Floors: In the event that wood floors are damaged, Muvr will only repair or replace the specific damaged area and will not resurface or refinish the entire floor. They do not guarantee an exact match with the original pre-service finish and will only cover the reasonable market rate for the repair of the damaged area, as determined at their sole discretion. Minor nicks, scratches, or dents that Muvr deems to be expected as part of the service will not be covered.

To protect your wood floors, you should cover them with protective materials such as ram board, floor protection rolls, doormats, cardboard, rugs, or runners before the service begins. Ensure that any furniture to be moved is placed on sliders or that sliders are provided for the movers. Additionally, if your wood flooring is not covered, do not allow movers to use dollies or hand trucks, as they are more likely to cause damage.

1. Damages to Handrails, Walls, Doors, and Drywall: Muvr will not cover minor nicks, scratches or scuffs to your property, including paint damage, caused by the movers during their services. However, Muvr may choose to assume liability for what it considers significant damage to handrails, walls, doors, or drywall. If Muvr decides to cover such significant damage, it will either repair the damage to restore it to its original condition or pay you the cost of the repairs based on a reasonable market rate, as determined solely by Muvr.

1. Damages to Mailboxes: If a Muvr third-party provider damages your mailbox while performing services, Muvr will either repair the mailbox to its original condition, pay you for the repair costs based on a reasonable market rate, replace the mailbox with one of similar kind and quality, or pay you the cost of a replacement, at Muvr’s discretion.

Muvr will not be responsible for any other damages to your real property, such as damage to lawns, landscaping, sprinklers, sidewalks, or driveways (including cosmetic damage to concrete or paved areas). To prevent such damage, you should avoid allowing vehicles to park on driveways or sidewalks if they might not support the weight or if you are concerned about potential damage. You should inform Muvr before the service so that the third-party provider can park on the street or another designated area.

6.4 Specific Exclusions From The Damage Protection Policy; Additional Limitations of Liability

Muvr and its subsidiaries, along with their employees, contractors, and agents, are exempt from liability for various types of damages or claims, despite any other provisions or discussions in the Damage Protection Policy.

1. Pre-Existing Damages: You must disclose any existing damages to Muvr before your move. Muvr reserves the right, at its discretion, to classify damages as pre-existing based on their investigation. This determination is made if the facts and circumstances suggest so after a thorough review.
2. Minor Damages: Minor damages, such as dents, nicks, or scratches caused during the move, are not covered by Muvr. You expressly acknowledge and agree that minor dents or small nicks or scratches are considered inevitable during transportation and are not eligible for compensation.
3. Particleboard Furniture: Damage to furniture made from particleboard, chip-core, or pressboard is not covered under Muvr’s liability policy. 
4. Natural Materials: Items made from natural materials like marble, slate, and stone, which are prone to weakening and cracking over time, are also excluded from coverage.
5. Completed Repairs: If you or someone else repairs or replaces damaged property before filing a claim with Muvr, or without Muvr’s written consent after filing a claim, Muvr will not reimburse for those repairs or replacements. It’s essential not to proceed with repairs or replacements before resolving the claim with Muvr, unless explicitly authorized in writing.
6. Certain Electronics and Appliances: Muvr does not accept liability for electronics or appliances that fail to operate after shipment or reconnection. These items are not tested before shipment, making it difficult to determine if damage occurred during handling. Additionally, Muvr is not responsible for any structural plumbing, electrical system damage, or water damage associated with handling these items during the move. It’s crucial that you ensure appliances are disconnected, uninstalled, and drained (if needed) before movers handle them. Furthermore, Muvr will not cover damages to electronics like televisions or display monitors that were not properly boxed and secured before being handled by movers.
7. Oversized and Extremely Heavy Items: Items exceeding 300 pounds in weight or those that do not fit through hallways, stairways, or doorways without disassembly by the property owner are not covered by Muvr. Examples include grand pianos, pool tables, hot tubs, and large office equipment.
8. Non-Inventoried Items: Before your service date, you have the option to submit an inventory of your personal property. Muvr is not liable for any losses or theft of items that were not documented in this inventory or confirmed as loaded by a third party on the day of your move. Without documented proof, it’s challenging to verify whether an item was lost or stolen.
9. Reassembled Items: If you request the reassembly of personal property by any laborer or third-party provider, Muvr is not liable for damages resulting from the assembly, attempted assembly, or failed assembly of such items, especially those containing particleboard, chip-core, or pressboard.
10. Installations: Muvr does not arrange for third-party providers to install or uninstall washers, dryers, dishwashers, ice machines, water coolers, refrigerators, or electrical equipment. If such services are provided by a third-party provider, Muvr accepts no liability for damages resulting from their actions or inactions. You should refrain from requesting these services from movers, and you agree to indemnify Muvr and its affiliates from any resulting expenses, losses, or liabilities.
11. Prohibited Items: Muvr is not liable for damages to personal property that movers are prohibited from transporting, such as hazardous materials, perishables, illegal items, or stolen property.
12. Evictions: In the event of an eviction, although Muvr may cancel the service or the third-party provider may refuse to complete it, you waive any protection under the Damage Protection Policy. Additionally, you agree to indemnify Muvr and its affiliates against any expenses, losses, or liabilities arising from your eviction or that of someone else at the service location.
13. Fraudulent Misrepresentations of Weight: Muvr will not compensate for damages based on inaccurate weight representations of items.
14. Packing by You or Your Agents: Items packed by you or your agents are not covered for damages under Muvr’s policy.
15. Items of Extraordinary Value and Certain Other Valuable Items: Items of extraordinary value, valued at over $100 per pound, must be listed on an inventory submitted to Muvr before the service date to be eligible for coverage. Additionally, valuable items such as cash, checks, jewelry, firearms, perishables, prescriptions, and medical devices are excluded from coverage under the Damage Protection Policy.
16. Tasks Performed at You or Your Agent’s Request: Muvr and its affiliates are not liable for damages resulting from movers following your or your agent’s instructions. You agree to indemnify Muvr and its affiliates from any expenses, losses, or liabilities arising from such instructions.Including but not limited to, requesting to disassemble, install or take your belongings upstairs or to a different location.
17. Damages occurring outsides scheduled moving hours: Muvr’s liability does not extend to damages occurring after the scheduled hours of the moving services. Once the scheduled hours for moving services have concluded, Muvr assumes no responsibility for any damages that may arise thereafter. It is the responsibility of the customer to ensure that all items and property are adequately secured and protected beyond the agreed-upon service hours to mitigate any potential risks or damages.
18. Consequential or Incidental Damages: Muvr and its affiliates are not responsible for consequential or incidental damages resulting from service failures, including failure to start or complete services on a scheduled date.
19. Acts of God and Other Similar Circumstances: Muvr and its affiliates are not liable for damages caused by uncontrollable events such as natural disasters, war, riots, fires, explosions, floods, sabotage, transportation or labor strikes, compliance with government laws or orders, or any other events beyond their reasonable control.

6.5 Personal Injuries; Participation by You in Moving

If you choose to order one mover services (also referred to as “One Mover (I’ll help)) only and elect to participate in any aspect of the loading, unloading, or moving of property, or engage in any other related services, whether performed by yourself, your agents, or family members, you acknowledge and agree to indemnify, defend, and hold Muvr, its subsidiaries, affiliates, employees, contractors, and agents harmless. This indemnification covers any expenses, losses, costs (including reasonable attorneys’ fees and costs), judgments, settlements, damages, awards, interests, fines, and liabilities of any kind that may arise as a result of, or in relation to, your or your agents’ or family members’ participation.

In conjunction with one mover services, you may be granted access to specific moving equipment such as hand trucks, appliance dollies, moving pads, and ratchet straps (collectively referred to as “moving equipment”). It is important to understand that neither Muvr nor any of its subsidiaries or affiliates provide any warranties, express or implied, regarding the merchantability or fitness of the moving equipment for a particular purpose. There is no assurance that the moving equipment is suitable for your intended use or free from defects.

By accepting and using the moving equipment, you assume all inherent risks associated with its operation and use. It is your responsibility to take all necessary precautions to safeguard all individuals and property from injury or damage while in possession of the moving equipment. Neither Muvr nor its subsidiaries or affiliates shall be held liable for any loss, damage, or injury (including personal injury, loss of profits, business interruption, or other special or consequential damages) arising from, or in connection with, the moving equipment or its operation, use, or any defects thereof.

You agree to defend, indemnify, and hold harmless Muvr, its subsidiaries, affiliates, employees, contractors, and agents from any and all liability, claims, and damages (including attorneys’ fees) arising from injuries, death, or property damage resulting from your participation in the moving process, or from the use, operation, possession, or rental of the moving equipment, regardless of cause.

1. INTELLECTUAL PROPERTY 

7.1 Ownership of content

7.2 License

7. 3 Restrictions

1. PRIVACY AND DATA PROTECTION

To understand how Muvr collects, uses, and shares your information, as well as information about other Users of the Muvr Platforms, please refer to our Privacy Policy at https://www.muvr.io/privacy/. By placing an order for Services, you acknowledge and agree to Muvr’s Privacy Policy.

1. LIABILITY AND INDEMNITY

9.1 Disclaimer

The services offered by Muvr through its mobile app are provided “as is” and “as available.” Muvr does not guarantee the reliability, timeliness, quality, suitability, or availability of its services or any goods or services obtained through the use of the app. Muvr does not make any representations or warranties, either express or implied, about the services it provides, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement. By using the Muvr app, you agree to assume all risks and responsibilities for any damages or losses that may result from your use of the app or the services it provides.

9.2 Limitation of liability

Muvr will not be held responsible for any indirect, incidental, special, exemplary, punitive, or consequential damages that you may incur, including lost profits, lost data, personal injury, or property damage. Muvr will not be liable for any damages, losses, or claims that result from your use of or reliance on the services or from any transactions or relationships between you and third-party providers. Muvr will also not be liable for any delays or failures in performance that are caused by factors beyond its control. Muvr makes no representation or warranty about the professional licensing or permitting of third-party providers offering moving services through the app. In no event shall Muvr’s total liability to you for all damages, losses, and causes of action exceed $500.

9.3 Indemnity 

To the maximum extent permitted by law, you agree to indemnify, defend and hold harmless Muvr and its affiliates and/or related entities, whether direct or indirect, current, former or future, and its and their respective current, former, or future officers, directors, employees, agents, successors and assigns and related third parties (each an “Indemnified Party”), for any claims, causes of action, debts, damages, losses, costs, liabilities, and expenses (including reasonable attorneys’ fees) relating to or arising out of any third-party claim that (a) your use of or inability to use the Services, (b) any user postings made by you, (c) your violation of any terms of this Agreement or your violation of any rights of a third party, or (d) your violation of any applicable laws, rules or regulations, except to the extent caused by any unlawful or negligent act or omission by Muvr. Muvr reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Muvr in asserting any available defenses. An Indemnified Party may participate in the defense by counsel of its own choosing, at its own cost and expense. You shall not settle any claim that adversely affects an Indemnified Party or imposes any obligation or liability on an Indemnified Party without the Indemnified Party’s prior written consent.

1. DISPUTE RESOLUTION

10.1 Arbitration

At Muvr, we aim to provide our customers with high-quality services, but we understand that disputes can sometimes arise. To resolve any disputes that may arise between you and Muvr, we have agreed to binding arbitration. This means that any disputes related to the use of our services, including any issues with the Terms of Service, will be resolved through arbitration instead of through a court of law.

The exception to this is that you and Muvr both have the right to bring a claim in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction. This means that if there is an issue with intellectual property rights, such as a dispute over trademarks, copyrights, trade secrets, or patents, you or Muvr can take legal action to protect those rights.

Please note that by agreeing to this arbitration clause, you and Muvr are both waiving the right to participate in a class action or representative proceeding. This means that individual claims will be resolved through arbitration, and the arbitrator will not consolidate multiple claims into one proceeding. If this section is found to be unenforceable, the entire Dispute Resolution section will be void. However, the Dispute Resolution section will still apply even if the Terms of Service are terminated for any reason.

10.2 Arbitration rules and governing law

The arbitration will be administered by the American Arbitration Association (AAA) and will be governed by the Federal Arbitration Act. The AAA’s Commercial Arbitration Rules and the Supplementary Procedures for Consumer-Related Disputes will apply unless they are modified by this Dispute Resolution section. You can find more information about the AAA’s rules at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.

10.3 Arbitration process

If you or Muvr wishes to initiate arbitration, a written Demand for Arbitration must be provided to the other party. The AAA provides a form for this demand, which can be found at www.adr.org/aaa/ShowPDF?doc=ADRSTG_004175. If you are a California resident, a separate form can be found at www.adr.org/aaa/ShowPDF?doc=ADRSTG_015822.

The arbitrator will either be a retired judge or an attorney licensed to practice law in California and will be selected by both parties from the AAA’s roster of consumer dispute arbitrators. If the parties are unable to agree on an arbitrator within seven days of receiving the Demand for Arbitration, the AAA will appoint the arbitrator according to their rules.

10.4 Arbitration location and procedure

The arbitration will take place in the county where you reside unless you and Muvr agree otherwise. If your claim is for $10,000 or less, the arbitration will be conducted solely on the basis of documents submitted by both parties unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, the AAA’s rules will determine whether you are entitled to a hearing. The arbitrator will have the discretion to request a reasonable exchange of information between the parties as long as it is consistent with the expedited nature of the arbitration.

10.5 Arbitrator’s decision

The arbitrator will render an award within the timeframe specified by the AAA’s rules. The award will include the essential findings and conclusions that the arbitrator used to make their decision. The award may be entered as a judgment in any court with jurisdiction.

10.6 Fees

1. OTHER PROVISIONS

11.1 Choice of Law

11.2 Claims of Copyright Infringement

If you have a claim of copyright infringement, please contact Muvr’s designated agent. For more information, email us at support@www.muvr.io.

11.3 Notice

11.4 Severability

If any provision of these Terms and conditions is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms and conditions, such determination shall not affect the validity and enforceability of any other remaining provisions.

11.5 No Waiver

You agree that your use of the Website and Services is at your sole and exclusive risk and that any Services provided by us are on an “As Is” basis. We hereby expressly disclaim any express or implied warranties of any kind, including but not limited to the implied warranty of fitness for a particular purpose and the implied warranty of merchantability. We make no warranties that the Website or Services will meet your needs or that the Website or Services will be uninterrupted, error-free, or secure. We also make no warranties as to the reliability or accuracy of any information on the website or obtained through the Services. You agree that any damage that may occur to you through your computer system or because of the loss of your data from your use of the Website or Services is your sole responsibility and that we are not liable for any such damage or loss.

11.6 Complete Agreement

These Terms, along with any other referenced policies and terms, represent the complete agreement between you and Muvr regarding the subject matter. They replace any previous agreements, discussions, representations, and commitments, whether written or spoken, made between you and Muvr.

1. CONTACT INFORMATION

If you would like to contact us to understand more about terms or wish to contact us concerning any matter, you may do so via the contact us or email us at support@www.muvr.io.  

This document was last updated on November 26, 2024