GoGo Terms of Use

EFFECTIVE DATE: SEPTEMBER 21, 2026

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE USING THE GOGO SERVICES.

These Terms of Service (collectively, “Terms”) form a legal agreement between GoGo TECHNOLOGIES, INC., dba GoGoGrandparent and its subsidiaries and affiliates (collectively, “GoGo”, “we,” “us,” or “our”) and you, an individual (“you” and “your”) concerning your access to and use of the services provided by GoGo, including through the website located at GoGoGrandparent.com (the “Website”), by telephone (including calling or texting GoGo’s toll-free number), by mail, or through any other access method made available by GoGo, together with any related content, functionality, and services offered by GoGo (collectively, the “Services”). By accessing or using the Services through any channel, you agree to be bound by these Terms. In these Terms, the words “including” and “include” mean “including, but not limited to.”

Your use of the Services through any access channel constitutes your agreement to be bound by these Terms, which establishes a contractual relationship between you and GoGo.

IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS OR USE THE SERVICES.

These Terms expressly supersede prior agreements or arrangements with you. GoGo may terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, for any reason; provided, however that for termination by GoGo without cause of these Terms or Services with respect to you, GoGo will provide at least thirty (30) days’ prior written notice to you.

Supplemental terms may apply to certain Services, such as policies for a particular event, activity or promotion, and such supplemental terms will be disclosed to you in region-specific disclosures (e.g., a particular city webpage on GoGo.com) or in connection with the applicable Service(s). Supplemental terms are in addition to, and shall be deemed a part of, the Terms for the purposes of the applicable Service(s). Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable Services.

WEBSITE REGISTRATION.

If you register for the Services through the Website, you will be required to affirmatively accept these Terms by clicking “I Agree,” “Accept,” or a similar button before completing your registration.

PHONE REGISTRATION.

You will be asked to provide express oral authorization to be charged for the services, and your verbal acknowledgment during the registration call constitutes your agreement to these Terms and your authorization for GoGo to charge your payment method on a recurring basis.

If you register for the Services by telephone, you will be informed of these Terms during the registration call in compliance with FTC’s Telemarketing Sales Rule (16 C.F.R. Part 310) and, for California residents, the California Automatic Renewal Law (Cal. Bus. & Prof. Code §§ 17600–17606). Our operator will provide you with clear and conspicuous disclosure of all material terms, at a volume and cadence that is readily audible and understandable, including:

1. a description of the Services;
2. the subscription fee and billing frequency;
3. the automatic renewal terms, including that your subscription will automatically renew unless you cancel;
4. the cancellation policy and how to cancel;
5. the toll-free telephone number and email address for cancellation and customer inquiries; and
6. the arbitration agreement and class action waiver.

GoGo will audio-record your oral authorization and maintain such recording as verification of your affirmative consent for at least three (3) years, or one (1) year after your subscription is terminated, whichever period is longer. A copy of this recording will be made available to you and, if applicable, to your financial institution upon request.

Following your phone registration, GoGo will send you a written confirmation to the email address or mailing address you provide before submitting your first payment. This acknowledgment will be provided in a manner capable of being retained by you and will include:

1. a physical copy of or link to the complete Terms;
2. confirmation of your subscription, including the subscription fee and billing frequency;
3. the automatic renewal terms, including the renewal period and recurring charge amount;
4. the cancellation policy and clear instructions on how to cancel, including the toll-free telephone number 1 (855) 464-6872, email address, and online cancellation options;
5. information about how to contact GoGo with questions; and
6. your name and the billing information associated with your account.

You are responsible for reviewing and retaining this confirmation for your records.

Acceptance Through Use. Regardless of how you registered, your continued use of the Services after consenting to these Terms (whether electronically or by mail) constitutes your acceptance of these Terms. If you do not agree to these Terms after receiving them, you must stop using the Services immediately and contact GoGo to cancel your account.

Mailed Terms. If you are unable to receive electronic communications or prefer to receive these Terms by mail, you may request a printed copy by calling 1 (855) 464-6872 or by writing to GoGo at the address set forth in the Contact/Notices section below. GoGo will mail a printed copy of the current Terms to you at no charge within ten (10) business days of your request. You may sign these terms in the signature block on the last page of the mailed Terms, and mail the signed Terms back to GoGo: 2810 N Church St, PMB 258182, Wilmington, DE 19802. Your services will not begin until GoGo has received the signed Terms.

ARBITRATION NOTICE: IF YOU DO NOT OPT OUT OF ARBITRATION AS OUTLINED IN THE “MUTUAL DISPUTE RESOLUTION USING BINDING ARBITRATION” SECTION OF THESE TERMS, YOU CONSENT TO RESOLVE DISPUTES BETWEEN YOU AND GOGO THROUGH BINDING, INDIVIDUAL ARBITRATION. BY AGREEING TO THIS, YOU RELINQUISH YOUR RIGHTS TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION, AS FURTHER DETAILED IN THAT SECTION.

1. Privacy Notice, Electronic Communications, and Modifications

Our Privacy Policy, located at https://gogograndparent.com/privacy, explains how we collect, use, disclose, and otherwise process personal information in connection with the Services.

You consent to receive electronic communications from us regarding your Account, access, subscriptions, renewals, billing, support, ride confirmations, service updates, and other matters relating to the Services. You agree that any notices, agreements, disclosures, or other communications that GoGo sends to you electronically will satisfy any legal communication requirements, including that such communications be in writing.

GoGo retains the right to amend or eliminate any portion of these Terms at any time and in its sole discretion. Should these Terms change materially, GoGo will update the effective date noted above, post a notice regarding the updated Terms on the Website, and provide notice to you by email or other electronic communication, or by mail if you consented to these terms via mail, to the contact information associated with your Account. Any modifications to these Terms take effect fourteen (14) days after being posted on the Website. Your continued access or use of the Services following the effective date of any such changes to these Terms constitutes your acceptance of the modified Terms. If you do not agree to any modification, you must stop using the Services before the modification takes effect. You are advised to view the latest Terms as posted to the GoGo website: GoGoGRANDPARENT.com/terms.

2. Services

GoGo is a phone-based concierge service that helps its customers access on-demand services without needing smartphone apps or the internet. You can call or text the toll-free number and use touchtone options or speak with an operator to request a ride, grocery delivery, meal delivery, or other services. GoGo coordinates services on your behalf through third-party service providers, including Transportation Network Company (“TNC”) providers (such as Uber and Lyft), delivery providers (such as DoorDash and Instacart), grocery store providers (such as Walmart, Safeway, and Costco), and local restaurant providers.

2.1 Transportation Services

Connecting you to a TNC. When you request a ride by calling or texting GoGo, our system communicates your ride request and location to TNC (such as Lyft or Uber) on your behalf. You or your guardian can request a ride using any phone, including a flip phone, landline, or smartphone. Please note the following:

1. GoGo does not own, rent, or operate any vehicles, and does not employ, hire, or contract with any drivers;
2. GoGo does not guarantee that any particular ride will be available or completed;
3. By requesting and accepting a ride arranged by GoGo, you agree to the user terms of the TNC.

Uber’s terms are here: General Terms of Use

Lyft’s terms are here: Lyft Terms of Service

You acknowledge that technology-based services are not infallible. Ride failures may occur due to circumstances including, but not limited to: GoGo’s system being temporarily unavailable; the TNC’s system being unavailable; no driver being available or willing to accept the ride request; a driver canceling, failing to follow instructions, or being unable to locate you; or accidents or other unforeseen events.

Interacting with the Driver and Equipment. After a driver (“Designated Driver”) accepts the ride request through the TNC, you authorize GoGo to communicate with the Designated Driver on your behalf via the TNC’s communication system (voice, text, or email) to: (a) verify that the driver and vehicle meet your pre-specified transportation requirements; (b) assist the driver in locating you; and (c) provide any other instructions GoGo deems appropriate.

Tracking Trip Status. You authorize GoGo, as your agent, to track your ride from start to finish and, if appropriate, to communicate with the Designated Driver or you to ensure your specified requirements are being met. You also authorize GoGo to communicate with persons you designate (“Loved Ones”) to provide updates on the initiation, progress, and conclusion of your ride if appropriate.

Conclusion of the Ride; Collection of fare and Complaint Procedures. You authorize GoGo to advance payment to the TNC on your behalf and to charge the credit card on file with GoGo to reimburse GoGo for such payment. Notwithstanding this payment arrangement, you agree that any complaints or issues regarding the ride services are between you and the TNC or Designated Driver. You authorize GoGo to file complaints with the TNC on your behalf and to provide you with updates on the resolution of such complaints.

You authorize GoGo to charge the credit card on file for GoGo’s service fees at the rates posted on GoGo’s website at the time of your ride. If you have a complaint about GoGo’s services, GoGo will receive and work to resolve your complaint expeditiously, and you agree to provide sufficient information to facilitate resolution.

You authorize GoGo to combine TNC charges and GoGo’s service fees into a single credit card charge. GoGo will provide you with an itemization of the separate charges by written notice, email, or phone.

2.2 Grocery Delivery Services.

1. Services. GoGo works with national and local grocery chains, such as Walmart, Safeway, Costco, and neighborhood markets, to provide you with a wide selection of products. You can order fresh produce, pantry staples, household supplies, and other items by calling one of our operators or scheduling online. When you place an order, a personal shopper places your order with the selected grocery store. If an item is out of stock, your shopper will confirm substitute items with you before checkout. Store availability varies by location; you may enter your address to see every store that serves your area.
2. Shopping Lists. You authorize GoGo to save your shopping lists and order preferences to enable faster repeat orders. GoGo tracks every grocery order in real time and will notify you and your designated Loved Ones of order status, substitutions, and delivery progress, as appropriate. You authorize GoGo to communicate with grocery stores and delivery providers on your behalf regarding product availability, substitutions, delivery instructions, and any special requirements you have specified.
3. Scheduled Deliveries. GoGo allows you to schedule grocery deliveries and other orders in advance by calling one of our operators or scheduling online. Let us know at the start of your call that you want a scheduled delivery and provide your preferred date and time. Scheduled deliveries typically arrive within thirty (30) minutes before or after your chosen delivery window; however, GoGo does not guarantee exact delivery times and is not responsible for delays caused by grocery stores, delivery providers, traffic, weather, or other factors outside GoGo’s control. Delivery windows and availability may vary by store and location.
4. Multi-Order Discounts. When you place multiple orders in the same call, GoGo may discount the concierge fee for the second and subsequent orders. Multi-order discounts are applied automatically and are subject to change at GoGo’s discretion. Current pricing and discount information is available on our website or by contacting GoGo.
5. Dietary and Allergy Information. If you provide dietary restrictions or food allergy information, GoGo will communicate this information to grocery stores and delivery providers on your behalf. However, GoGo does not prepare food and cannot guarantee that grocery stores will accurately accommodate dietary restrictions or prevent cross-contamination. You are solely responsible for verifying that products meet your dietary needs before consumption. If you have severe food allergies or medical dietary requirements, you should confirm directly with the grocery store that the products are safe for you to consume. GoGo is not liable for any adverse reactions, illness, or injury resulting from food that does not meet your dietary needs or contains allergens.
6. Grocery Delivery Issues. If your grocery order was delivered but you experienced an issue with the order (such as missing items, damaged products, incorrect substitutions, or quality concerns), you must contact GoGo’s Gourmet department within twenty-four (24) hours of delivery by calling 1 (855) 464-6872. Reporting issues promptly helps GoGo better advocate on your behalf with grocery stores and delivery providers. GoGo’s ability to investigate and resolve complaints, obtain refunds, or seek other remedies from grocery stores or delivery providers may be limited or unavailable if you do not report issues within this timeframe.

2.3 Meal Delivery Services.

1. Services. GoGo works with local restaurants to deliver nutritious and delicious meals directly to your door. You can tell us what you want to eat and specify any dietary restrictions or food allergies, and we will communicate this information to restaurant providers to accommodate your needs where possible. Upon request, GoGo can mail or email you menus from restaurants in your area. You authorize GoGo to save your meal orders and preferences to enable faster repeat orders through our automated system. Meal deliveries typically arrive within twenty (20) to ninety (90) minutes of your request; however, GoGo does not guarantee exact delivery times and is not responsible for delays caused by restaurants, delivery providers, traffic, weather, order volume, or other factors outside GoGo’s control. Delivery times may vary based on restaurant preparation time, distance, and local conditions.
2. Meal Delivery Issues. If your meal order was delivered but you experienced an issue with the order, you must contact GoGo’s Gourmet department within twenty-four (24) hours of delivery by calling 1 (855) 464-6872. Reporting issues promptly helps GoGo better advocate on your behalf with restaurant and delivery providers. GoGo’s ability to investigate and resolve complaints, obtain refunds, or seek other remedies from restaurant or delivery providers may be limited or unavailable if you do not report issues within this timeframe.

3. Disclaimers

3.1 TRANSPORTATION DISCLAIMERS – NOT A TRANSPORTATION PROVIDER.

1. You acknowledge that:
   • GoGo is not itself a transportation provider, and specifically not an emergency transportation provider. You acknowledge that you will not use GoGo’s service if you have a medical emergency.
   • GoGo does not own or operate any vehicles and does not employ, hire or contract with any Designated Driver.
   • Neither GoGo nor Lyft nor Uber has any legal duty to provide you with a ride.
   • GoGo is acting on your behalf and as your agent and representative in performing the aforementioned Services. While GoGo is not the transportation provider and cannot control the TNC’s performance, GoGo will use commercially reasonable efforts to advocate on your behalf with the TNC if issues arise with the Designated Driver or vehicle assigned by the TNC to your ride.
2. No Insurance Coverage. In the event of an accident that may occur during the ride (or immediately before or after), GoGo does not carry separate insurance for property damage or personal injury that might occur during the ride, and you rely on the insurance required of the Designated Driver by the TNC such as Lyft or Uber.
3. No Guarantee of TNC Availability. GoGo does not guarantee that TNC services will be available in your area, at your requested time, or at all. TNC availability depends on driver supply, geographic coverage, weather conditions, local regulations, and other factors outside GoGo’s control. TNCs may impose surge pricing, minimum fares, or service restrictions that GoGo cannot predict or control. If no TNC driver accepts your ride request, GoGo will use reasonable efforts to notify you, but GoGo shall not be liable for any failure to secure a ride.
4. TNC Service Quality. GoGo does not select, screen, employ, supervise, or control TNC drivers or their vehicles. GoGo has no ability to verify the accuracy of TNC driver background checks, vehicle inspections, insurance coverage, or compliance with applicable laws and regulations. GoGo makes no representations or warranties regarding the quality, safety, reliability, or legality of any TNC’s services, drivers, or vehicles. You acknowledge that TNC drivers are independent contractors of the TNC, not employees or agents of GoGo, and that GoGo has no control over their conduct, driving ability, route selection, or compliance with traffic laws. Notwithstanding the foregoing, GoGo will use commercially reasonable efforts to communicate your accessibility and assistance preferences to the TNC and, if you notify GoGo that the Designated Driver assigned to your ride does not meet your pre-specified requirements, to request a replacement driver through the TNC on your behalf.
5. TNC Pricing. GoGo does not set, control, or guarantee TNC pricing. TNC Charges are determined solely by the applicable TNC and may vary based on distance, time, demand (including surge or dynamic pricing), tolls, fees, and other factors. GoGo will use reasonable efforts to communicate estimated fares when available, but actual TNC Charges may differ from estimates. You acknowledge that you are responsible for all TNC Charges incurred, including surge pricing, regardless of whether you were aware of such pricing at the time of your ride request.
6. TNC Changes and Discontinuation. TNCs may modify, suspend, or discontinue their services, terms, pricing, or availability at any time without notice to GoGo or you. GoGo is not responsible for any changes to TNC services and cannot guarantee that any particular TNC will remain available through the Services. If a TNC discontinues service in your area or otherwise becomes unavailable, GoGo will use reasonable efforts to connect you with an alternative TNC, but GoGo does not guarantee that an alternative will be available.
7. Accessibility Accommodations. TNCs are solely responsible for compliance with the Americans with Disabilities Act (ADA) and other applicable accessibility laws. GoGo will use commercially reasonable efforts to communicate your accessibility requirements to TNCs, including by noting your accessibility needs on each ride request. If you notify GoGo that the Designated Driver assigned to your ride is unable to accommodate your stated accessibility needs, GoGo will use commercially reasonable efforts to request an alternative driver through the TNC. For customers who have indicated accessibility or assistance needs, GoGo will use commercially reasonable efforts to follow up after the ride to confirm safe arrival. GoGo cannot guarantee that TNCs will have wheelchair-accessible vehicles, drivers trained in accessibility assistance, or other accommodations available. If you require specific accessibility accommodations, you should also verify directly with the TNC that such accommodations are available in your area.

3.2 Grocery and Meal Delivery Disclaimers.

1. Third-Party Products and Services. GoGo is a concierge service that facilitates orders with grocery stores, restaurants, and delivery providers on your behalf. GoGo does not grow, manufacture, prepare, package, store, or deliver food or grocery products. All products are sourced, prepared, and delivered by third-party grocery stores, restaurants, and delivery providers. GoGo makes no representations or warranties regarding the quality, safety, freshness, nutritional content, accuracy of product descriptions, or fitness for any particular purpose of any food or grocery products ordered through the Services. Your purchase and consumption of food and grocery products is at your own risk.
2. Product Availability and Pricing. Product availability, pricing, and selection are determined by grocery stores and restaurants, not by GoGo. Prices displayed or quoted may differ from actual prices at the time of purchase due to price changes, promotions, or errors by the grocery store or restaurant. GoGo does not guarantee product availability and is not responsible for out-of-stock items, discontinued products, or pricing discrepancies. Minimum order amounts, delivery fees, and service charges may be imposed by grocery stores, restaurants, or delivery providers in addition to GoGo’s concierge fees.
3. Perishable Items and Food Safety. Grocery and meal orders may include perishable items that require proper handling, refrigeration, or temperature control. GoGo is not responsible for the condition of perishable items after delivery, including spoilage, contamination, or quality degradation that occurs after delivery. You are responsible for inspecting all items upon delivery and for proper storage and handling of perishable products. GoGo recommends that you or a designated person be available to receive perishable deliveries promptly. If perishable items are left unattended at your request or due to your unavailability, GoGo and its delivery providers are not responsible for any resulting spoilage or food safety issues.
4. Substitutions. If an item you ordered is unavailable, your personal shopper or the grocery store may suggest a substitute item. While GoGo will use reasonable efforts to confirm substitutions with you before checkout, you acknowledge that substitutions may occur without prior confirmation in some circumstances, such as when you cannot be reached or when the grocery store’s policies require immediate substitution decisions. You may refuse substituted items upon delivery, subject to the grocery store’s return and refund policies.
5. Refunds and Returns. Refunds and returns for grocery and meal orders are subject to the policies of the applicable grocery store, restaurant, or delivery provider. GoGo will use reasonable efforts to assist you in obtaining refunds or credits for defective, incorrect, or missing items, but GoGo does not guarantee that refunds or credits will be available. Any refunds or credits issued by grocery stores, restaurants, or delivery providers will be processed according to their policies and timelines, which GoGo does not control. GoGo’s concierge fees are non-refundable except as expressly provided in these Terms.
6. Alcohol Orders. Alcohol orders are subject to all applicable federal, state, and local laws and regulations. You must be at least twenty-one (21) years of age to order alcohol. Valid government-issued photo identification is required upon delivery, and alcohol will only be delivered to persons who are of legal drinking age and who are not visibly intoxicated. If valid identification cannot be provided or the recipient appears intoxicated, the delivery driver may refuse to complete the alcohol delivery, and you may still be charged for the order. GoGo and its delivery providers reserve the right to refuse alcohol orders at their discretion. Alcohol availability varies by location and delivery provider.
7. No Medical or Nutritional Advice. GoGo does not provide medical, nutritional, or dietary advice. Information provided about products, including nutritional information, ingredients, and allergen warnings, is obtained from grocery stores, restaurants, or product manufacturers and may not be accurate or complete. You should not rely on information provided through the Services for medical or health decisions. If you have specific dietary needs, medical conditions, or food allergies, consult with a qualified healthcare professional before ordering food or grocery products through the Services.
8. Delivery Access and Instructions. You are responsible for providing accurate delivery addresses and any special delivery instructions (such as gate codes, building access information, or unit numbers). GoGo and its delivery providers are not responsible for failed or delayed deliveries resulting from incorrect addresses, inaccessible delivery locations, or missing access information. If a delivery cannot be completed due to access issues, you may still be charged for the order.

4. Your Use of the Services

4.1 User Accounts

1. If accessing the Services online, in order to use most aspects of the Services, you must register for and maintain an active personal user Services account (“Account”). You must be at least 18 years of age to obtain an Account. Account registration requires you to submit to GoGo certain personal information, such as your name, address, mobile phone number and age, as well as at least one valid payment method (either a credit card or accepted payment partner). You agree to maintain accurate, complete, and up-to-date information in your Account. You agree to promptly update your account information as needed to keep it accurate and complete. You are responsible for safeguarding your login credentials and for all activities that occur under your Account. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, may result in your inability to access and use the Services, or GoGo’s termination of this agreement with you. You are responsible for all activity that occurs under your Account. Unless otherwise permitted by GoGo in writing, you may only possess one Account. You agree to promptly inform GoGo of any unauthorized use of your username, password, or any other security breach related to the Website by contacting GoGo via email at [email protected] or by telephone at 1 (855) 464-6872.
2. GoGo may suspend or disable accounts it reasonably suspects that contain inaccurate information, are fraudulent, or are compromised, and may investigate suspected violations and cooperate with law enforcement. Under no circumstances may you utilize someone else’s account.

4.2 Accounts Created by Loved Ones or Authorized Representatives.

GoGo recognizes that a family member, caregiver, legal guardian, or other authorized person (each, an “Authorized Representative” or “Loved One”) may create an Account and subscribe to the Services on behalf of another individual (the “Designated User”). If you are an Authorized Representative subscribing on behalf of a Designated User:

1. Authority. You represent and warrant that you have the legal authority to act on behalf of the Designated User and to bind the Designated User to these Terms. This authority may arise from a power of attorney, legal guardianship, conservatorship, or the express consent of the Designated User. You agree to provide documentation of such authority upon GoGo’s request.
2. Joint and Several Liability. Both you (the Authorized Representative) and the Designated User are jointly and severally bound by these Terms. You agree to be personally responsible for all fees, charges, and obligations arising from the Account, including subscription fees, TNC Charges, and any other amounts owed to GoGo, regardless of whether the Designated User also agrees to pay.
3. Consent to Automatic Renewal. By subscribing on behalf of a Designated User, you provide your affirmative consent to the automatic renewal terms set forth in Section 7.1 and authorize GoGo to charge the payment method on file on a recurring basis until you or the Designated User cancels. You represent that you have authority to authorize such recurring charges and that the Designated User has been informed of and consents to the automatic renewal terms.
4. Accuracy of Information. You are responsible for providing accurate and complete information about the Designated User, including their name, address, phone number, and any special requirements or preferences. You agree to keep this information up to date and acknowledge that inaccurate information may affect the quality of the Services or result in service failures.
5. Communication with Loved Ones. The Designated User authorizes GoGo to communicate with any Authorized Representatives or Loved Ones designated on the Account regarding the Designated User’s use of the Services, including ride status, service issues, account information, billing matters, and emergencies. If you are an Authorized Representative, you consent to receiving such communications on behalf of the Designated User. The Designated User may update the list of authorized contacts at any time by contacting GoGo.
6. Indemnification by Authorized Representative. If you are an Authorized Representative, you agree to indemnify and hold GoGo harmless from any claims, damages, or losses arising from: (i) your lack of authority to act on behalf of the Designated User; (ii) any dispute between you and the Designated User regarding the Account or Services; or (iii) any inaccurate information you provided about the Designated User.
7. Arbitration Agreement Binding on Both Parties. The Arbitration Agreement set forth in Section 15 applies to both the Authorized Representative and the Designated User. By creating an Account on behalf of a Designated User, you agree that both you and the Designated User are bound by the Arbitration Agreement, including the class action waiver.
8. Verbal Acknowledgment. When an Authorized Representative registers a Designated User by telephone, GoGo will provide the disclosures required under Phone Registration above and will additionally inform the Authorized Representative of: (i) the Authorized Representative’s responsibilities and joint and several liability for all fees and charges; (ii) the Authorized Representative’s authority to authorize recurring charges on behalf of the Designated User; (iii) that the arbitration agreement and class action waiver will bind both the Authorized Representative and the Designated User; and (iv) the Designated User’s right to receive information about the Services directly. The Authorized Representative must provide express oral authorization and verbally confirm that they understand and agree to these Terms and have the legal authority to bind the Designated User. GoGo will audio-record and retain this authorization as described under Phone Registration above.
9. Written Confirmation to Authorized Representative. Following phone registration by an Authorized Representative, GoGo will send the written confirmation described under Phone Registration above to the Authorized Representative’s email or mailing address. In addition to the standard confirmation contents, this notice will include: (i) confirmation of the Authorized Representative’s responsibilities; and (ii) information about the Designated User’s rights.
10. Notice to Designated User. When an Authorized Representative registers a Designated User by phone, GoGo will make reasonable efforts to provide the Designated User with direct notice of the Account registration and these Terms by phone, mail, or other appropriate means based on the Designated User’s communication preferences. This notice will include: (i) the existence of the Account and available Services; (ii) the Designated User’s rights under these Terms; (iii) how to access a copy of these Terms; and (iv) how to contact GoGo directly. The Designated User’s continued use of the Services after receiving such notice constitutes acceptance of these Terms.

4.3 User Requirements and Conduct

The Service is not available for use by persons under the age of 18. You may not allow persons under the age of 18 to receive transportation or logistics services from GoGo or a TNC unless they are accompanied by you. You may not use the Services to transport unlawful or hazardous materials. You will not in your use of the Services cause nuisance, annoyance, inconvenience, or property damage, whether to the TNC, GoGo, or any other party. In certain instances, you may be asked to provide proof of identity to access or use the Services, and you agree that you may be denied access to or use of the Services if you refuse to provide proof of identity.

5. Acceptable Use

By accessing or using the Services, you agree that you will not, and will not authorize or facilitate any attempt by another person or entity to:

• use the Services in breach of these Terms or any applicable TNC terms;
• impersonate any person or entity, including any GoGo employee, TNC driver, or another user, or falsely state or otherwise misrepresent your affiliation with any person or entity;
• introduce viruses, worms, Trojan horses, harmful code, or any software or other materials that contain a component harmful to the Services or any connected systems;
• gain or attempt to gain unauthorized access to GoGo’s computer systems, networks, servers, or any nonpublic portion of the Services, or interfere with or disrupt the Services, servers, or networks connected to the Services;
• use any automated means, including bots, robots, spiders, scrapers, or offline readers, to access or interact with the Services, or systematically copy, scrape, download, index, extract, or harvest content, data, or other information from the Services;
• reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code, underlying algorithms, or structure of the Services or any software used to provide the Services;
• reproduce, modify, copy, distribute, transmit, display, perform, publish, license, create derivative works from, transfer, sell, resell, or exploit for any commercial purposes any portion of the Services or their contents, without express written permission from GoGo;
• infringe upon or violate GoGo’s intellectual property rights or the intellectual property rights of others;
• remove, alter, or obscure any copyright, trademark, or other proprietary notices, labels, or marks on or in the Services;
• engage in, encourage, advocate, provide instructions for, or discuss with the intent to commit conduct that would constitute a criminal or civil offense or otherwise violate any federal, state, local, or international law or regulation;
• transmit, post, or upload any content or communications that are unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, hateful, discriminatory, or otherwise inappropriate or objectionable;
• register for or create an Account on behalf of another person without their authorization, or use another person’s Account without their permission;
• share or transfer access credentials, authenticated sessions, or account benefits except as expressly permitted by GoGo;
• use the Services to stalk, harass, bully, threaten, or intimidate any person, including any TNC driver, GoGo employee, or other user;
• use the Services in connection with any fraudulent, deceptive, or misleading activity, including providing false information to GoGo, TNCs, or TNC drivers;
• interfere with or disrupt any billing, payment, or transaction process, or submit fraudulent payment information;
• use the Services, or any information obtained from the Services, to develop, enhance, or operate a service or product that competes with the Services, or assist any third party in doing so;
• send or facilitate the sending of any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, or any other form of solicitation through the Services; or
• attempt to damage, disable, overburden, or impair GoGo’s servers, networks, or infrastructure.

GoGo is not liable and has no responsibility to you or to any third party for any loss or damage caused by, arising out of, or resulting from your unauthorized conduct under these Terms. GoGo reserves the right to investigate and respond to actual or suspected violations of these Terms by taking appropriate lawful actions, including suspending or terminating access to the Services and user Accounts without notice or liability.

6. Third Party Terms and Conditions

When, as a result of GoGo’s Services, a ride, grocery delivery, meal delivery, or other service is provided, you agree to be bound by and obligated by the terms and conditions of the applicable third-party provider used for your service (including TNCs such as Uber and Lyft, delivery providers such as DoorDash and Instacart, grocery stores such as Walmart, Safeway, and Costco, and local restaurants) in effect on the date the service is provided, and authorize GoGo to accept those terms and conditions on your behalf. Such third-party terms and conditions are incorporated herein as if set forth in full. You acknowledge that third-party providers may have their own terms of service, privacy policies, and other policies that govern your use of their services, and that GoGo is not responsible for the content or enforcement of such third-party terms.

Uber’s terms are here: General Terms of Use

Lyft’s terms are here: Lyft Terms of Service

1. Sharing of Personal Information with Third-Party Providers. To facilitate the Services, you authorize GoGo to transmit your personal information to TNCs, grocery stores, restaurants, and delivery providers, including your name, phone number, pickup and dropoff locations, delivery address, payment authorization, shopping lists, meal orders, order preferences, dietary restrictions, food allergies, special requirements or accessibility needs, and any other information necessary to request, coordinate, and complete transportation, grocery delivery, meal delivery, or logistics services on your behalf. You understand that TNCs, grocery stores, restaurants, and delivery providers will use your information in accordance with their respective terms of use and privacy policies, which may differ from GoGo’s Privacy Policy. GoGo does not control and is not responsible for the data collection, use, retention, or security practices of such third-party provider. By using the Services, you acknowledge that you have reviewed and accept the applicable third-party terms and privacy policies, and you consent to the transmission of your personal information to third-party providers as described in this Section.
2. Sharing with Loved Ones. If you or your Authorized Representative have designated Loved Ones or other contacts to receive information about your use of the Services, you authorize GoGo to share your ride status, grocery order status, meal delivery status, location information, delivery progress, service updates, account information, and other relevant details with such designated persons. You may update your list of designated Loved Ones at any time by contacting GoGo or through your account settings.

6.2 Text Messaging

By providing GoGo with your phone number, you expressly consent to receive informational, transactional, and service-related text (SMS) messages (e.g., ride confirmations, driver updates, account alerts) from GoGo, including those made using an automated telephone dialing system or a prerecorded or artificial voice, at the phone number provided, even if your number is listed on a state or federal Do Not Call list. You understand and agree that messages may be sent to you earlier and/or later than the time restrictions set by state or federal law. By affirmatively opting into our messaging program, GoGo may also send you promotional text (SMS) messages. You may opt out at any time by replying STOP to any message or by contacting us at [email protected]. After replying STOP, you may receive one (1) additional message that your request has been received and processed. You may also reply HELP to any message for assistance. CONSENT TO RECEIVE TEXT MESSAGES IS NOT A CONDITION OF PURCHASING ANY GOODS OR SERVICES FROM GOGO. Opting out of SMS messages may affect your ability to use certain features of the Services. Message frequency may vary. GoGo does not charge you any fees for delivery of electronic communications; however, standard carrier message and data rates may apply. You are solely responsible for all message and data charges that apply to use of your mobile device. We are not liable for any delays or failures in receipt of SMS messages. Delivery is subject to effective transmission from your wireless service provider and is outside our control.

If you intend to stop using the phone number provided (including canceling your service plan or transferring the number), you agree to opt out of receiving future text messages from Gogo before ending use of that number. Your agreement to do so is a material part of these terms. If you discontinue use of your phone number without notifying us, you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by us or any party assisting in message delivery, as a result of claims brought by individual(s) later assigned that number. This duty survives any cancellation or termination of your participation in our messaging program.

6.3 Phone calls

By providing GoGo with your phone number, you agree that GoGo may send you informational phone calls as part of the normal business operation of your use of the Services. GoGo may also send you account reminders and promotional calls that you may opt out of at any time.

You are responsible for maintaining an operational phone that can receive voice calls and respond to prompts using the phone’s keypad. This includes flip phones, landlines, and smartphones. Standard carrier fees may apply and are at your expense.

GoGo does not promise or guarantee that the Services, or any portion thereof, will function on any particular hardware or devices, or at all. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.

7. Subscription Terms and Payment

7.1 Monthly Subscription; Auto-Renewal Terms

The Services are available on a monthly subscription basis at the then-current subscription fee. YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW EACH MONTH AT THE END OF YOUR CURRENT BILLING PERIOD UNLESS YOU CANCEL BEFORE THE RENEWAL DATE. The monthly subscription fee and renewal date will be disclosed to you before your subscription begins and will appear in your account settings. You authorize GoGo to charge recurring monthly fees to your selected payment method until you cancel. GoGo will provide advance notice of any change in subscription fees before such change takes effect, and you will have the opportunity to cancel before the new fee applies. These automatic renewal terms are provided in compliance with the California Automatic Renewal Law (Cal. Bus. & Prof. Code §§ 17600-17606) and the FTC’s Negative Option Rule (16 C.F.R. Part 425). BY CHECKING THE “AGREE” BOX, YOU PROVIDE YOUR AFFIRMATIVE CONSENT TO THESE AUTOMATIC RENEWAL TERMS AND AUTHORIZE GOGO TO CHARGE YOUR PAYMENT METHOD ON A RECURRING BASIS UNTIL YOU CANCEL.

7.2 Subscription Acknowledgment.

After you subscribe, GoGo will send you an acknowledgment to the email address or mailing address associated with your account, based on your registration method and communication preferences. If you registered by phone, the written confirmation described under Phone Registration above serves as your subscription acknowledgment. This acknowledgment will include: (i) the automatic renewal terms, including the renewal period and recurring charge amount; and (ii) the cancellation policy and instructions on how to cancel. The acknowledgment will be provided in a manner that can be retained by you, and you are responsible for retaining it for your records.

7.3 TNC Charges

You understand that use of the Services will result in additional charges to you for the Services or goods you receive from a TNC (“TNC Charges”). After you have received services obtained through your use of the Service, GoGo will facilitate your payment of the applicable TNC Charges on your behalf with the TNC, as your representative by extending GoGo’s credit or cash in the payment thereof. Payment of the TNC Charges in such manner shall be considered the same as payment made directly by you to the TNC. Charges will be inclusive of applicable taxes where required by law. Charges paid by you are final and non-refundable, unless otherwise determined by GoGo.

All Charges are due immediately upon the conclusion of the ride, and payment will be facilitated by GoGo using the credit card you have placed on file with GoGo, after which GoGo will send you a receipt by email or a phone call to the phone number on the Account.

You acknowledge and agree that TNC Charges applicable in certain geographical areas may increase substantially during times of high demand. GoGo will use reasonable efforts to inform you of TNC Charges that may apply. You will be responsible for all such TNC Charges incurred under your Account regardless of your awareness of such TNC Charges or the amounts thereof. GoGo may from time to time provide certain users with promotional offers and discounts that may result in different amounts charged for the same or similar services or goods obtained through the use of the Services, and you agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of the Services or the TNC Charges or GoGo charges applied to you. You may elect to cancel your request for services or goods from a TNC at any time prior to such TNC’s Designated Driver’s arrival, in which case you may be charged a cancellation fee.

This payment structure is intended to fully compensate the TNC for the services or goods provided. You understand and agree that, while you are free to provide additional payment as a gratuity to any TNC’s Designated Driver who provides you with services or goods obtained through the Service, you are under no obligation to do so. Gratuities are voluntary unless otherwise stated by a GoGo operator. After you have received services or goods obtained through the Service, you will have the opportunity to rate your experience and leave additional feedback about your TNC’s Designated Driver.

7.4 Changes to Fees

GoGo reserves the right to change its subscription fees. Any fee change will be communicated to you via email, phone, or mail based on your registration method and communication preferences, and through a notice posted on the Website, at least thirty (30) days before the change takes effect. Any fee change will become effective at the start of your next renewal period following the notice period. If you do not wish to accept the new fee, you must cancel your subscription before the fee change takes effect. Your continued use of the Services after a fee change takes effect constitutes your acceptance of the new fee.

7.5 Cancellation

You may cancel your subscription at any time through your account settings or by contacting us at [email protected] or at 1 (855) 464-6872. When applicable, in compliance with the California Automatic Renewal Law and the FTC’s Negative Option Rule (16 C.F.R. Part 425), cancellation is available through a simple mechanism that is at least as easy to use as the method you used to subscribe. You may cancel online through your account settings using the same number of steps (or fewer) as were required to subscribe. Cancellation will take effect at the end of your current billing period, and you will retain access to the Services through that date. No refunds will be provided for partial billing periods. Upon cancellation, you will receive a confirmation of your cancellation via email or mail within a reasonable time. If you are a California resident and believe you were charged in violation of the California Automatic Renewal Law, you may be entitled to a full refund of all charges.

7.6 Annual Renewal Reminder.

If you subscribe to an annual subscription plan (if offered), GoGo will send you a reminder notice between fifteen (15) and forty-five (45) days before the renewal date. For subscriptions originally enrolled by telephone, this reminder will be sent by telephone, mail, or electronic communication (such as email or text message). For subscriptions originally enrolled by mail, this reminder will be sent by mail to the address associated with your account. For subscriptions originally enrolled online, this reminder will be sent to the email address associated with your account. This reminder will inform you that your subscription will automatically renew, state the renewal charge amount, and explain how to cancel if you do not wish to continue, including the toll-free telephone number 1 (855) 464-6872.

7.7 Payment Processing

GoGo may use third-party payment processors to process payments. By submitting your payment information, you authorize us and our payment processor to charge the designated payment method for the total amount of your subscription, including any applicable taxes and fees. Your use of the payment processing services is subject to the terms and conditions and privacy policies of the applicable third-party payment processor. We are not responsible for any errors, delays, or security breaches related to the processing of your payment. We do not store your full payment information on our servers, and your payment details are encrypted.

8. Operational Service Providers.

In order to provide the Services, GoGo engages third-party service providers for payment processing, analytics, security (including CAPTCHA and multi-factor authentication), customer support, communications (including SMS and email delivery), mapping and location services, and other operational functions (each, a “Service Provider”). You authorize GoGo and its Service Providers to collect and process your personal information, including payment information, location data, contact information, and usage data, as necessary to facilitate the Services and transactions. GoGo’s engagement and use of Service Providers is governed by GoGo’s agreements with such Service Providers, and GoGo is responsible for the processing of your personal information by Service Providers to the extent required by applicable data protection laws. We implement commercially reasonable technical and organizational measures to protect your information. For information about what personal information is collected, how it is used, and with whom it is shared - including your rights regarding such information - please refer to our Privacy Policy at https://gogograndparent.com/privacy.

8.1 Distinction from Transportation Network Companies.

Service Providers are selected and engaged by GoGo to support the operation of the Services and are distinct from the Transportation Network Companies (TNCs) such as Uber, Lyft, grocery stores, and restaurants, etc., that provide the underlying transportation, delivery, and logistics services you access through GoGo. Nothing in this Section limits GoGo’s responsibility for the acts or omissions of its own Service Providers to the extent such responsibility is imposed by applicable law. For the avoidance of doubt, the disclaimers and limitations of liability set forth in Sections 12 and 13 apply to TNCs and their services, not to GoGo’s Service Providers.

9. User Provided Content.

GoGo may, in GoGo’s sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to GoGo through the Services textual, audio, and/or visual content and information, including commentary and feedback related to the Services, initiation of support requests, and submission of entries for competitions and promotions (collectively, “User Content”). Any User Content provided by you remains your property and you retain ownership of any intellectual property rights you hold in the User Content. However, by providing User Content to GoGo, you grant GoGo a worldwide, perpetual, irrevocable, fully transferable, freely sublicensable, royalty-free license, with the right to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and GoGo’s business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity. This license survives termination of your Account and these Terms. GoGo is not obligated to treat any User Content as confidential. You represent and warrant that you have all necessary rights to submit your User Content and to grant the license above, that your User Content do not infringe any third-party rights or violate any laws, and that they do not contain defamatory, obscene, harassing, or otherwise objectionable material or harmful code or otherwise offensive, as determined by GoGo in its sole discretion. GoGo has no obligation to use, display, or maintain any User Content, and may remove any User Content at any time in its sole discretion. GoGo is not responsible for any User Content posted by you or third parties; you are solely responsible for your User Content and the consequences of submitting them. GoGo may, but shall not be obligated to, review, monitor, or remove User Content, at GoGo’s sole discretion and at any time and for any reason, without notice to you.

10. Notice and Procedure for Making Claims of Copyright Infringement (DMCA)

We respond to notices of alleged copyright infringement under the United States Digital Millennium Copyright Act (DMCA). If you believe that content or material on our Website or our Services is unlawfully infringing a copyright owned by you, and wish to have the allegedly infringing material removed or access to it blocked, you must provide notice to our Copyright Agent at:

GoGo Technologies, Inc.
Attention: Copyright Agent
GoGo Technologies, Inc.
2810 N Church St, PMB 258182
Wilmington, DE 19802
1 (855) 464-6872
Email: [email protected]

Please ensure that your notice includes: (i) identification of the copyrighted work(s) claimed to have been infringed; (ii) identification of the supposedly infringing material that is to be removed; (iii) information reasonably sufficient to permit us to locate the material on the Services; (iv) your address, telephone number, or email address; (v) a statement that you have a good faith belief that use of the material is in fact infringing and/or not authorized by the copyright owner, its agent, or the law; (vi) a statement that, under penalty of perjury, the information in the notification is accurate and where relevant you are authorized to act on behalf of the copyright owner; and (vii) your physical or electronic signature.

A provider of content subject to a claim of infringement may make a counter-notification. To file a counter-notification with us, please provide our Copyright Agent a notice containing the following: (i) identification of the supposedly infringing material that is to be removed; (ii) a statement that, under penalty of perjury, you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; (iii) your name, address, and telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your postal address is located, and that you will accept service of process from the party who submitted the infringement notification or his, her, or its principal or agent; and (iv) the signature, physical or electronic, of you or a person authorized to act on your behalf.

We will promptly provide the party that provided the notice of claimed infringement with a copy of the counter-notification, and inform the complaining party that we will restore the removed or disabled content within fourteen (14) business days. If we do not receive notice that a lawsuit has been filed within fourteen (14) business days after we provide notice of the counter-notification, we will restore the removed or disabled materials. It is Gogo’s policy, in appropriate circumstances, to terminate the accounts of users who are repeat infringers or are repeatedly charged with infringement.

Before filing a copyright notification with us, make a careful determination as to whether or not the use of the material at issue is or may be protected by the “fair use” doctrine. You could potentially be held liable for costs and attorneys’ fees should you file a takedown notice where there is no infringing use. If you are unsure whether there is infringement, it may be advisable to seek legal counsel.

11. Proprietary Rights and Licenses

The Website and Services and their entire contents, features, and functionality, including but not limited to software, text, displays, graphics, images, and other materials generated by or within the Website and Services (collectively, “Content”), are owned and copyrighted by GoGo or lawfully obtained from GoGo’s providers and licensors. You acknowledge that all intellectual property rights, including copyrights, patents, trademarks, service marks, and logos in the Website and Services and the Content are owned by GoGo or its licensors or providers. Neither these Terms, nor your access to or use of the Website and Services, transfers to you or any third party any rights, title, or interest in or to such intellectual property rights, and GoGo and its licensors and providers reserve all rights not expressly granted to you in these Terms.

The trademarks, service marks, and logos (“Marks”) used in the Website and Services are owned by GoGo or its providers or licensors. The owner of the Marks holds exclusive rights to the Marks. You must not use any Mark without the prior written consent of GoGo or the owner of the Mark. You agree not to change or delete any copyright or proprietary notice related to materials downloaded from the Website.

Subject to your compliance with the Terms and all restrictions therein, GoGo grants you only a limited, non-transferable, non-exclusive, and revocable license to access and use the Website and Services solely for your personal, non-commercial use. Except as expressly permitted by these Terms or by applicable law, you may not reproduce, republish, distribute, transmit, sell, license, create derivative works from, publicly display, publicly perform, frame, mirror, archive, systematically download, or otherwise exploit any part of the Website, Services, or Content. You may not use the Website, Services, or Content to develop, train, fine-tune, benchmark, or validate any machine learning or artificial intelligence system, or for text or data mining, without GoGo’s prior written consent.

Feedback. If you provide any suggestions, comments, ideas, proposals, or other information to GoGo regarding the Services (“Feedback”), you grant GoGo a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, fully sublicensable license to use, reproduce, modify, distribute, display, and otherwise exploit such Feedback for any purpose related to improving and operating the Services, without any obligation or compensation to you. You acknowledge that GoGo may already be developing or may in the future develop ideas, features, or products that may be similar to or competitive with your Feedback, and nothing in these Terms shall be construed to limit GoGo’s right to independently develop, acquire, license, market, or distribute products or services that may compete with any Feedback you provide.

Injunctive Relief. You acknowledge and agree that any breach or threatened breach of these Terms relating to GoGo’s intellectual property rights may cause irreparable harm to GoGo for which monetary damages would be an inadequate remedy. Accordingly, GoGo shall be entitled to seek equitable relief, including injunction and specific performance, in addition to any other remedies available at law or in equity, without the requirement of posting a bond or other security or proving actual damages.

12. DISCLAIMERS

CONTENT AND INFORMATION PROVIDED ON THE WEBSITE AND SERVICES ARE OFFERED FOR CONVENIENCE PURPOSES ONLY. YOUR RELIANCE ON SUCH CONTENT OR INFORMATION IS AT YOUR OWN DISCRETION AND YOU SHOULD ASSUME ALL ASSOCIATED RISKS. TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE AND SERVICES ARE PROVIDED “AS IS” OR “AS AVAILABLE” BASIS. ANY USE OF OR ACCESS TO THE WEBSITE, OR SERVICES IS ENTIRELY VOLUNTARY AND AT YOUR OWN RISK. GOGO DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, GOGO MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SERVICES OR ANY SERVICES REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. GOGO DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF TNCS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE OR GOOD REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.

GOGO MAY TEMPORARILY SUSPEND OR LIMIT ACCESS TO THE WEBSITE, OR SERVICES FOR SCHEDULED OR UNSCHEDULED MAINTENANCE, UPDATES, OR REPAIRS. WHERE PRACTICABLE, GOGO WILL ENDEAVOR TO PROVIDE ADVANCE NOTICE OF PLANNED MAINTENANCE THROUGH THE WEBSITE. GOGO SHALL NOT BE LIABLE FOR ANY INCONVENIENCE, LOSS OF ACCESS, OR DAMAGES ARISING FROM ANY SUCH MAINTENANCE OR TEMPORARY SUSPENSION OF THE SERVICES.

13. LIMITATION OF LIABILITY

GOGO SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, EVEN IF GOGO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. GOGO SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY TNC, EVEN IF GOGO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. GOGO SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND GOGO’S REASONABLE CONTROL. YOU ACKNOWLEDGE THAT TNC PROVIDERS PROVIDING TRANSPORTATION SERVICES REQUESTED THROUGH SOME REQUEST BRANDS MAY OFFER RIDE SHARING OR PEER-TO-PEER TRANSPORTATION SERVICES AND MAY NOT BE PROFESSIONALLY LICENSED OR PERMITTED. NOTHING IN THESE TERMS SHALL LIMIT OR EXCLUDE LIABILITY FOR (I) DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE, (II) FRAUD OR FRAUDULENT MISREPRESENTATION, (III) GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, OR (IV) ANY OTHER LIABILITY THAT CANNOT BE LIMITED OR EXCLUDED UNDER APPLICABLE LAW, INCLUDING ANY NON-WAIVABLE STATUTORY RIGHTS.

SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES; TO THE EXTENT SUCH LAWS APPLY, THESE LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW. EXCEPT FOR AMOUNTS RECOVERABLE UNDER NON-WAIVABLE STATUTES, THE TOTAL LIABILITY OF GOGO ARISING OUT OF OR RELATING TO THE SERVICES WILL NOT EXCEED THE GREATER OF (A) $1,000 OR (B) THE TOTAL FEES THAT YOU PAID TO GOGO DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIMS. THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION REFLECT A REASONABLE ALLOCATION OF RISK BETWEEN YOU AND GOGO AND ARE A FUNDAMENTAL BASIS OF THE BARGAIN BETWEEN US. GOGO WOULD NOT PROVIDE THE SERVICES TO YOU WITHOUT THESE LIMITATIONS.

GOGO’S SERVICES MAY BE USED BY YOU TO REQUEST AND SCHEDULE TRANSPORTATION, GOODS, OR LOGISTICS SERVICES WITH THIRD PARTY PROVIDERS, BUT YOU AGREE THAT GOGO HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY TRANSPORTATION, GOODS OR LOGISTICS SERVICES PROVIDED TO YOU BY TRANSPORTATION NETWORK COMPANIES OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS.

TNC DISCLAIMER. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GOGO SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE, LOSS, CLAIM, OR CAUSE OF ACTION CAUSED OR ALLEGED TO BE CAUSED BY, ARISING OUT OF, OR IN CONNECTION WITH: (A) YOUR USE OF, INTERACTIONS WITH, OR RELIANCE ON ANY TNC, INCLUDING THE QUALITY, SAFETY, LEGALITY, OR AVAILABILITY OF TNC SERVICES, DRIVERS, OR VEHICLES; (B) ANY OFFERINGS, PRODUCTS, SERVICES, OR OTHER MATERIAL MADE AVAILABLE BY OR THROUGH TNCS; (C) ANY VIOLATION OF APPLICABLE TNC TERMS OR LAW BY YOU OR ANY TNC; (D) ANY ACT, OMISSION, MISCONDUCT, OR NEGLIGENCE OF ANY TNC OR TNC DRIVER, INCLUDING ACCIDENTS, INJURIES, PROPERTY DAMAGE, THEFT, ASSAULT, OR OTHER INCIDENTS OCCURRING BEFORE, DURING, OR AFTER A RIDE; (E) ANY DISPUTE BETWEEN YOU AND A TNC OR TNC DRIVER; OR (F) ANY TNC’S FAILURE TO COMPLY WITH ITS OWN TERMS, POLICIES, OR APPLICABLE LAW.

14. Indemnity

You agree to indemnify and hold GoGo and its officers, directors, employees, and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees), arising out of or in connection with: (i) your misuse of the Services in violation of these Terms; (ii) your breach or violation of any of these Terms; (iii) GoGo’s use of your User Content; (iv) your breach of the TNC Terms and Conditions; or (v) your violation of the rights of any third party, including TNCs.

In this regard, you indemnify GoGo and hold GoGo harmless from any damage or injury you may suffer for the failure of a TNC to perform its duties.

TNC Disputes. In the event of any dispute with a TNC, TNC driver, or any third party arising from or related to transportation, delivery, or logistics services obtained through the Services, you acknowledge that GoGo is not a party to such dispute and is not obligated to resolve it. However, GoGo will use commercially reasonable efforts to assist you in communicating complaints to the applicable TNC and pursuing resolution on your behalf. GoGo is not liable for the outcome of any such dispute.

Complaints Against TNCs. Any complaints, claims, or disputes regarding the quality, safety, timeliness, or conduct of TNC services or TNC drivers should be directed to the applicable TNC. GoGo may, at your request and in its sole discretion, assist you in filing complaints with TNCs, but GoGo is not obligated to do so and makes no guarantees regarding the outcome of any such complaint. You acknowledge that GoGo has no authority to compel TNCs to provide refunds, credits, or other remedies, and that any resolution of TNC-related complaints is solely between you and the applicable TNC.

GoGo shall not be liable for any failure to perform its obligations hereunder where the failure results from any cause beyond GoGo’s reasonable control, including, without limitation, mechanical, electronic, or communications failure or degradation. The provisions of these Terms that limit liability reflect an informed voluntary allocation of risk; such allocation represents a material part of these Terms. You agree that the limitations of liabilities set out in these Terms are fair and reasonable in the circumstances.

15. Mutual Dispute Resolution Using Binding Arbitration (Arbitration Agreement)

Please read the following arbitration section (the “Arbitration Agreement”) carefully. It requires you to arbitrate disputes with GoGo and limits the manner in which you can seek relief from GoGo, including a class action waiver.

1. Agreement to Arbitrate. You agree that, in the event of any Dispute, such Dispute, including threshold questions of the arbitrability of such Dispute, will be finally and exclusively resolved by binding arbitration governed by the Federal Arbitration Act (“FAA”) and subject to the provisions of this Arbitration Agreement, except as specified herein. NEITHER PARTY SHALL HAVE THE RIGHT TO LITIGATE SUCH CLAIM IN COURT OR TO HAVE A JURY TRIAL. NOTWITHSTANDING THE FOREGOING, EITHER PARTY MAY BRING ITS CLAIM IN ITS LOCAL SMALL CLAIMS COURT, IF PERMITTED BY SUCH SMALL CLAIMS COURT RULES AND IF WITHIN SUCH COURT’S JURISDICTION. DISCOVERY AND APPEAL RIGHTS MAY ALSO BE LIMITED IN ARBITRATION. This agreement to arbitrate is mutual: GoGo agrees to arbitrate all Disputes it may have against you on the same terms. This Arbitration Agreement shall survive termination of these Terms.
2. Acknowledgment. BY USING THE SERVICES OR AGREEING TO THESE TERMS, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS ARBITRATION AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY IT. YOU AND GOGO HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. An arbitrator can award, on an individual basis, the same damages and relief as a court and must follow these Terms as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.
3. Scope. “Dispute” means any dispute, controversy, or claim arising out of, related to, in connection with, or resulting in any way from your use of the Services, these Terms, any privacy notice, or any aspect of your relationship with GoGo.
4. Governing Law and Delegation. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. The arbitrator shall have exclusive authority to: (a) determine the scope and enforceability of this Arbitration Agreement; and (b) resolve any Dispute related to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement including, but not limited to, any claim that all or any part of this Arbitration Agreement is void or voidable.
5. Class Action and Jury Trial Waiver. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A REPRESENTATIVE OR COLLECTIVE CLASS BASIS. ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE USER, PERSON, OR ENTITY CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER USER, PERSON, OR ENTITY. Accordingly, under the arbitration procedures outlined in this Arbitration Agreement, an arbitrator shall not combine or consolidate more than one party’s claims without the written consent of all affected parties to an arbitration proceeding. Without limiting the generality of the foregoing, you and GoGo agree that no Dispute shall proceed by way of class arbitration without the written consent of all affected parties. If a decision is issued stating that applicable law precludes enforcement of any part of this subsection’s limitations as to a given claim for relief, then that claim must be severed from the arbitration and brought in the state or federal courts located in New Castle County, Delaware. All other claims shall be arbitrated.
6. Arbitration Rules and Procedures. The arbitration will be administered by the JAMS (“JAMS”) pursuant to its Comprehensive Arbitration Rules and Procedures (“Rules”) then in effect, which are available at www.jamsdr.com. If the JAMS is not available to arbitrate, the parties will select an alternative arbitral forum. If the arbitrator finds that you cannot afford to pay JAMS filing, administrative, hearing, and/or other fees and cannot obtain a waiver from JAMS, GoGo will pay them for you if you complied with the dispute resolution process set forth herein. In addition, GoGo will reimburse all such JAMS filing, administrative, hearing, and/or other fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous or you did not comply with the dispute resolution process set forth herein, except that if you have initiated the arbitration claim, you will still be required to pay the lesser of $250 or the maximum amount permitted under the JAMS Rules for arbitration claims initiated by you. You are still responsible for all additional costs that you incur in the arbitration, including, without limitation, fees for attorneys or expert witnesses.
7. Location. The seat of arbitration shall be New Castle County, Delaware. You may choose to have the arbitration conducted by videoconference, based on written submissions, in person in your hometown area (if you live in the United States), or at another mutually agreed upon location that is reasonably convenient to you. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
8. Arbitrator Authority. The arbitration will decide the rights and liabilities, if any, of you and GoGo. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and these Terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and GoGo. The arbitrator shall have no authority to modify these Terms.
9. Provisional Relief. Nothing in this Arbitration Agreement prevents either party from seeking provisional or equitable relief in any court of competent jurisdiction as necessary to preserve the status quo or prevent irreparable harm pending arbitration. Any such court action shall not be deemed a waiver of the right to arbitrate, and upon resolution of the provisional matter, the underlying Dispute shall proceed in arbitration.
10. Pre-Arbitration Dispute Resolution. Before initiating arbitration or legal proceedings, you and GoGo agree to engage in good-faith efforts to resolve any Dispute. To begin this process, you must send a letter describing the nature of your claim and desired resolution to:

GoGo Technologies, Inc.
2810 N Church St, PMB 258182
Wilmington, DE 19802
ATTN: Legal Matters
or E-mail to: [email protected].

You and GoGo agree to meet and confer personally, by telephone, or by videoconference (“Conference”) to discuss the Dispute and attempt in good faith to reach a mutually beneficial outcome that avoids the expenses of arbitration or, where applicable, litigation. Each party may be represented by counsel in this process. If you are represented by counsel, your counsel may participate in the Conference as well, but you agree to fully participate in the Conference by phone, video, or in person to attempt to resolve the Dispute. Likewise, if GoGo is represented by counsel, GoGo’s counsel may participate in the Conference as well, but GoGo agrees to have a company representative fully participate in the Conference. The statute of limitations and any filing fee deadlines shall be tolled during this resolution period.

If you and GoGo do not reach agreement to resolve the Dispute within thirty (30) days after initiation of this dispute resolution process, either you or GoGo may commence arbitration or, provided such claims qualify, file an action in small claims court or file a claim for injunctive or equitable relief in a court of proper jurisdiction for matters relating to intellectual property infringement.

11. Discovery. The parties shall cooperate in good faith in the voluntary and informal exchange of all non-privileged documents and other information (including electronically stored information) relevant to the Dispute immediately after commencement of the arbitration.
12. Future Changes to Arbitration Agreement. Notwithstanding any provision in these Terms to the contrary, if GoGo makes any future material change to this Arbitration Agreement, you may reject that change within thirty (30) days of such change becoming effective by writing to GoGo at GoGo Technologies, Inc., 2810 N Church St, PMB 258182, Wilmington, DE 19802, ATTN: Legal Matters, or by email to [email protected]. If you timely reject a material change to this Arbitration Agreement, then the version of this Arbitration Agreement in effect immediately prior to such change shall continue to govern your relationship with GoGo with respect to any disputes arising between us.
13. Opt-Out. You may opt out of this Arbitration Agreement within thirty (30) days of first agreeing to these Terms by sending written notice to: GoGo Technologies, Inc., 2810 N Church St, PMB 258182, Wilmington, DE 19802, ATTN: Arbitration Opt-Out, or by email to [email protected]. Your notice must include your name, address, email address associated with your account, and a clear statement that you wish to opt out. If you opt out, neither you nor GoGo will be required to arbitrate Disputes, and the remaining provisions of these Terms will remain in effect. Opting out will not affect any other agreements you may have with GoGo.
14. Mass Arbitration. If twenty-five (25) or more substantially similar arbitration demands are filed by or coordinated by the same counsel or organization, the parties agree that the JAMS’s Mass Arbitration Procedures and Guidelines shall apply. The parties shall cooperate to select a representative sample of claims to be arbitrated first as bellwether cases before the remaining claims proceed. All applicable statutes of limitation shall be tolled for any claims stayed during this process. Filing and administration fees for stayed claims shall not be assessed until those claims are designated to proceed. Nothing in this section prevents any individual claimant not represented by coordinating counsel from proceeding with their own individual arbitration.
15. Governing Law for Non-Arbitrable Disputes. Except for this Arbitration Agreement, which is governed by the FAA, these Terms and any claims or disputes not subject to arbitration shall be governed by the laws of the State of Delaware, without regard to its conflict of laws principles. The parties consent to the exclusive jurisdiction and venue of the state and federal courts located in New Castle County, Delaware.
16. Severability of Arbitration Agreement. If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed, and the remainder of the Arbitration Agreement shall continue in full force and effect.

16. Confidentiality

This Section 16 applies solely to Dispute Materials (as defined below) and does not govern the confidentiality of user data, care documentation, or personal information submitted through the Services, which is governed by our Privacy Notice and applicable law. The parties agree that all dispute-related communications and materials will be kept confidential. This includes, without limitation: any Notice of Dispute and responses; settlement or compromise communications; mediation communications; and, to the fullest extent permitted by law, arbitration filings, briefs, exhibits, discovery, hearings, transcripts, orders, and awards (collectively, “Dispute Materials”).

Dispute Materials may be disclosed only: (i) to the parties, their counsel, insurers, experts, and advisors (including accountants and auditors) who have a need to know and are bound by confidentiality obligations at least as protective as this section; (ii) as required by law, regulation, subpoena, or court order; (iii) as reasonably necessary to enforce, confirm, vacate, or modify an arbitral award or judgment, provided that the parties will request sealing or other protections to the maximum extent permitted by law; or (iv) with the prior written consent of the other party.

Nothing in this section restricts a party’s right to: (a) communicate with, file a charge or complaint with, or participate in an investigation or proceeding conducted by a government agency; (b) disclose underlying facts to the party’s tax, accounting, or legal advisors; (c) make disclosures necessary to obtain injunctive or provisional relief in aid of arbitration; or (d) use or disclose a final judgment or arbitral award to the extent necessary for enforcement. This section does not limit any applicable privilege, protection, or rule (including settlement-communication privileges and rules of evidence such as Federal Rule of Evidence 408), and no waiver of privilege is intended. Personal information contained in Dispute Materials remains subject to our Privacy Notice and applicable law. This section survives termination of these Terms. For clarity, this Section 16 does not limit our obligations under the Privacy Notice or applicable law.

17. Choice of Law and Jurisdiction

Except for the Arbitration Agreement, which is governed by the Federal Arbitration Act, these Terms and any non-arbitrable disputes are governed by the laws of the State of Delaware, without regard to its conflict of laws principles. Subject to the Arbitration Agreement, the parties consent to the exclusive jurisdiction and venue of the state and federal courts located in New Castle County, Delaware. These Terms are not governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is hereby expressly excluded. If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.

18. Notice

GoGo may give notice by means of a general notice on the Services, electronic mail to your email address in your Account, or by written communication sent by first class mail or pre-paid post to your address in your Account. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email). You may give notice to GoGo, with such notice deemed given when received by GoGo, at any time by first class mail or pre-paid post to GoGo Technologies, Inc. Attn: User Notices - 2810 N Church St, PMB 258182, Wilmington, DE 19802.

19. Force Majeure

GoGo will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond GoGo’s reasonable control, including, without limitation, acts of God, flood, fire, earthquake, epidemic, pandemic, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, cyber-attacks, malicious software attacks, embargo, labor disputes, shortage of adequate power or transportation facilities, failures or interruptions of TNCs or other third-party services, internet or telecommunications failures, supply chain disruptions, or any other event beyond GoGo’s reasonable control. If a force majeure event prevents GoGo from providing the Services, GoGo may issue a refund or credit for fees paid for undelivered Services, determined in GoGo’s discretion.

20. Waiver

No delay or omission by GoGo in exercising any right or power under these Terms, or in objecting to any failure of a covenant by you, shall impair such right or power. It shall not be construed as a waiver of any future breach. Any waivers must be in writing and signed by an authorized representative of GoGo.

21. Entire Agreement

These Terms and the terms of Uber and Lyft incorporated herein, represent the entire agreement between you and GoGo concerning access to and use of the Website and Services. They supersede all previous agreements, negotiations, representations, and communications, whether oral or written.

22. Electronic Documents

This electronic document, along with all other electronic documents referenced or incorporated herein, will be deemed a “writing” for all legal purposes and be legally enforceable as a signed agreement. Printed versions of these Terms and any notices delivered electronically shall be admissible in legal proceedings in the same manner as other business records originally generated in paper format.

23. Assignment

These Terms are personal to you, and are not assignable, transferable, or sublicensable by you except with GoGo’s prior written consent. GoGo may assign, transfer, or delegate any of its rights and obligations hereunder without your consent.

24. No Third-Party Beneficiaries

Except as expressly provided in these Terms, including the indemnification responsibilities in favor of GoGo, TNCs and the Arbitration Agreement, neither party intends to confer or establish rights equivalent to those of third-party beneficiaries upon any individual, subcontractor, or third party. Except as expressly outlined in these Terms, no third party shall possess the right to enforce any provision or derive any benefit from these Terms.

25. Language

These Terms are written in English, and both parties waive any rights to use or rely upon any other language or translations.

26. Accessibility

GoGo is committed to providing accessible services. If you encounter accessibility barriers or need an accommodation to use the Services or access materials in an alternative format, please contact [email protected].

27. Contact / Notices

If you have any questions or need to send a notice to GoGo, please use the contact information below:

GoGo Technologies, Inc.
2810 N Church St, PMB 258182
Wilmington, DE 19802
1 (855) 464-6872
[email protected]

GoGo may also provide notices to you via its Website, and you agree that such postings constitute official notice, even if you do not view them directly.

28. Notice to California Residents

Under California Civil Code § 1789.3, California residents are entitled to the following consumer rights notice: The Services are provided by GoGo Technologies, Inc., dba GoGoGrandparent, located at:

GoGo Technologies, Inc.
2810 N Church St, PMB 258182
Wilmington, DE 19802

The current price of the Services is disclosed during the subscription sign-up process and in your account settings. If you have a complaint regarding the Services or wish to request further information, please contact GoGo at [email protected]. You may also contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210.

You may request these terms be mailed to you by calling 1 (855) 464-6872 and pressing zero to speak with an operator.

To view our Privacy Policy, please go to https://gogograndparent.com/privacy.