MOBILEFLOW, INC. TERMS OF USE

Effective Date: April 15, 2025

These Terms of Use (the “Agreement”) are entered into by and between MobileFlow, Inc. (“MobileFlow” “we,” “us,” or “our”)—the owner and operator of the Hytch software, website(s), and technology platform (collectively, the “Hytch Platform”)—and you (“User” or “you”). By accessing or using the Hytch Platform, you acknowledge that you have read, understood, and agree to be bound by this Agreement. If you do not agree to these Terms, you may not use or access the Hytch Platform. 

PLEASE BE ADVISED: THESE TERMS CONTAIN AN ARBITRATION PROVISION THAT AFFECTS YOUR RIGHTS. PLEASE READ IT CAREFULLY BEFORE AGREEING.

1. Introduction and Acceptance

1.1 Purpose of the Platform
The Hytch Platform helps users track shared rides and potentially earn rewards or incentives for commuting or other travel activities. These rewards may be in the form of points, cash, or other benefits, depending on the specific rules and availability at the time.

1.2 Binding Agreement
By creating an account, clicking “Accept,” or otherwise indicating your agreement to these Terms, you enter into a binding legal agreement with MobileFlow, Inc.. If you do not agree, you must not use the Hytch Platform.

2. Ownership

2.1 MobileFlow IP
All software, technology, content, logos, trademarks, and other intellectual property related to the Hytch Platform (collectively, “Hytch IP”) are the sole property of MobileFlow, Inc. Unless specifically granted, no license or ownership rights to Hytch IP are transferred to you by these Terms.

2.2 Limited License
Subject to your compliance with this Agreement, MobileFlow grants you a revocable, non-exclusive, non-transferable license to access and use the Hytch Platform for personal, non-commercial purposes.

3. The Hytch Platform

3.1 Platform Services
The Hytch Platform provides a rules engine to track rides and offer potential rewards for Users who engage in commuting or shared travel activities. Hytch itself does not provide any physical transportation services.

3.2 Facilitation Only
Hytch is not a transportation carrier and does not manage or oversee the safety or legality of rides. Any ride-sharing arrangement is made exclusively between the participating Users.

3.3 No Guarantee of Rewards
Rewards, if offered, depend on factors such as sponsor availability, ride verification, and other criteria established by MobileFlow. We do not guarantee any specific reward amount or earning. This disclaimer extends to any digital tokens that may be offered or awarded through the Hytch Platform. The availability, amount, and/or value of any tokens are subject to market forces, smart contract functionality, and other external factors beyond our control. MobileFlow, Inc. makes no representations or warranties regarding the future value of any tokens, the ease of converting tokens into fiat currency, or the continued availability of any particular exchange or marketplace.

3.4 Subscription Services and Payments

MobileFlow offers an optional subscription service (“Hytch Chat”) that enables Users to communicate with verified commuters via a privacy-preserving messaging system. Subscription tiers (including monthly, annual, or organizational licenses) may be purchased using either U.S. Dollars or HYTCH tokens, and are subject to recurring billing terms. Users who opt into a paid subscription agree to abide by all applicable usage terms, and acknowledge that subscription fees are non-refundable except where required by law. MobileFlow reserves the right to adjust pricing or feature availability at its sole discretion with advance notice.

4. Modification of Terms

We reserve the right to change or update this Agreement at any time. Any material modifications will be posted on our website or otherwise communicated to you. By continuing to use the Hytch Platform after such notification, you agree to be bound by the revised Terms. If you do not agree, you must stop using the Platform.

5. Eligibility

5.1 Minimum Age
You must be at least 13 years old to use the Hytch Platform. If you are under 18, you may only use the Platform under the supervision of a parent or legal guardian.

5.2 Driver Requirements
If you identify as a Driver, you represent and warrant that you have a valid driver’s license and meet all legal requirements to operate a motor vehicle in your jurisdiction.

5.3 Account Suspension
MobileFlow may suspend or terminate your Hytch account at any time if it suspects or determines you have violated these Terms, any applicable law, or if your actions jeopardize other Users or the Platform.

5.4 Additional Requirements for Digital Asset Features:
Certain functionalities of the Hytch Platform that involve digital assets (including tokens) may be subject to identity verification checks (KYC) and Anti-Money Laundering (AML) requirements. By attempting to access these features, you agree to provide accurate and complete information as requested. We reserve the right to limit or prohibit your access to any digital asset functionality if you fail to meet these requirements or if applicable laws in your jurisdiction so mandate.

6. Inactive Accounts and Disputes

6.1 Inactive Accounts
If your account remains inactive for a designated period (e.g., 60 days), MobileFlow may terminate the account and any unclaimed rewards may be forfeited, subject to applicable law.

6.2 Dispute Resolution Between Users
MobileFlow does not mediate or resolve disputes involving reimbursements, cost sharing, or voluntary payments between Users. You must resolve such issues independently.

7. Communications and Notifications

By creating an account, you agree to receive communications from MobileFlow, such as email, SMS, push notifications, or phone calls. You may opt out of certain promotional messages, but operational messages (e.g., account or ride updates) may be required for Hytch Platform use.

8. Privacy Policy

MobileFlow’s collection and use of your personal information is governed by our Privacy Policy below, which is incorporated by reference. By using the Platform, you acknowledge that you have reviewed our Privacy Policy.

9. Promotions and Referral Programs

Through the Hytch Platform, MobileFlow may offer promotions, discounts, or referral programs at its sole discretion. Such programs may have additional terms, which will be clearly stated. MobileFlow reserves the right to modify or terminate these programs at any time.

Referral programs may apply to subscription purchases. If you provide a referral code, you may earn token-based rewards tied to your referees’ ongoing subscription status. MobileFlow may revoke referral benefits at any time due to abuse, fraud, or changes in program structure.

10. Restricted Activities

You agree not to:

  • Impersonate any individual or entity.
  • Stalk, harass, threaten, or otherwise harm others.
  • Violate any local, state, federal, or international law.
  • Post false, misleading, defamatory, or obscene content.
  • Attempt to artificially claim rides or manipulate the Platform’s reward system.
  • Interfere with or disrupt the Hytch Platform’s servers, networks, or security.
  • Use the Platform for any unauthorized or illegal purpose.
  • “Use referral codes to artificially inflate rewards or manipulate the system through fake or circular subscriptions.”
  • “Misuse subscription chat services to harass, spam, or impersonate others.”

11. Assumption of Risk

Carpooling involves inherent risks, including personal injury, accidents, or property damage. Users must carry their own insurance covering carpooling activities. MobileFlow does not perform background checks on drivers or riders and is merely a platform facilitating connections.

You acknowledge that any chat-based arrangements you make through the Hytch subscription features (including “Hytch Chat”) are at your own risk. MobileFlow does not screen or monitor the content of private messages, and assumes no liability for the actions of any User you may connect with.

12. Termination

This Agreement remains in effect until terminated. MobileFlow may immediately suspend or terminate your account if it believes you have violated these Terms or any law, or for any other reason at its sole discretion. Upon termination, you may lose access to any rewards or services, subject to applicable law.

13. Intellectual Property

All intellectual property rights in and to the Hytch Platform (including any content, software, or designs) remain with MobileFlow, Inc. You may not copy, distribute, modify, or create derivative works of the Platform’s content without express written permission from MobileFlow.

14. Disclaimers

  1. Platform “As Is”: The Hytch Platform is provided on an “as is” and “as available” basis without any warranties, express or implied.
  2. No Warranty of Safety or Reliability: Hytch does not guarantee that rides arranged via the Platform will be safe, reliable, or free from misconduct.
  3. No Guaranteed Earnings: Hytch does not warrant that you will earn any specific amount of rewards or that such rewards will be continuous or uninterrupted.
  4. Location and Data Accuracy: Any GPS or data insights provided by the Platform are approximate and may not be real-time or error-free.

15. Limitation of Liability

To the fullest extent permitted by law, MobileFlow, Inc. shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to personal injuries, property damage, data loss, or lost profits from or related to your use of the Hytch Platform. MobileFlow’s total liability is limited to the greater of $100 or the total amount paid by the user in the twelve months preceding the event giving rise to the claim​

16. Dispute Resolution and Arbitration

You agree that all disputes arising out of or relating to this Agreement or the Hytch Platform will be resolved exclusively by binding arbitration on an individual basis. Class actions are not permitted. This arbitration provision is governed by the Federal Arbitration Act. Any such arbitration will be conducted by a reputable arbitration organization in a mutually agreed location. If you do not wish to be bound by this arbitration agreement (and you are a Driver), you may opt out by following the procedure stated during account registration or within thirty (30) days of first agreeing to these Terms (if such an option was provided).

17. Indemnity

You agree to defend, indemnify, and hold harmless MobileFlow, Inc. (and its officers, directors, employees, and agents) from any claims, damages, liabilities, costs, or expenses (including reasonable attorneys’ fees) arising out of or related to your breach of these Terms, your misuse of the Hytch Platform, your violation of any law, or your infringement of any third-party right.

18. Confidentiality

You agree not to disclose any confidential information obtained from the Hytch Platform (e.g., technical data, business strategies, user data) to any third party without MobileFlow’s prior written consent, except where required by law.

19. Relationship with MobileFlow

No partnership, joint venture, employer-employee, or franchisor-franchisee relationship exists between you and MobileFlow by virtue of your use of the Platform or any agreement arising out of these Terms. You are an independent party.

20. General Provisions

  1. Governing Law: These Terms are governed by the laws of the State of Delaware, without regard to conflict of law rules.
  2. Assignment: MobileFlow may assign or transfer these Terms, in whole or in part, without restriction. You may not assign or transfer your rights under these Terms without MobileFlow’s written consent.
  3. Notices: All notices to Hytch must be sent by email to support@mobileflow.ai.
  4. Severability: If any provision of these Terms is held invalid, the remaining provisions remain valid and in effect.
  5. No Waiver: A failure by MobileFlow to enforce any right or provision does not constitute a waiver of that right or provision.
  6. Entire Agreement: These Terms and any referenced policies represent the entire agreement between you and MobileFlow regarding the use of the Platform.

21. Blockchain & Third-Party Wallet Integration

  1. Account Abstraction and Web3Auth

The Hytch Platform may use an account abstraction model for blockchain transactions, including integration through third-party service providers such as Web3Auth. You acknowledge that such services are provided by independent third parties, and MobileFlow, Inc. does not control or guarantee their functionality, security, or availability.

  1. Third-Party Services Out of Our Control

To deposit or withdraw digital assets (including tokens), you may be required to use services, websites, or applications owned and operated by third parties. Your interactions with these third parties are solely between you and the third party. MobileFlow, Inc. is not responsible for any losses, fees, or damages arising out of or relating to your use of any third-party service, including fiat on/off ramps, token bridging protocols, or external wallet providers.

  1. Security and Private Keys

You are solely responsible for maintaining the security of your private keys, seed phrases, and wallet credentials used in connection with the Hytch Platform. Any unauthorized access or compromise of your wallet(s) or third-party account(s) may result in the loss or theft of digital assets, for which MobileFlow, Inc. disclaims any liability.

  1. No Control Over Blockchains

Transactions that take place on public blockchains (or Layer-2 rollups) are confirmed by a decentralized network of independent validators or nodes. MobileFlow, Inc. has no control over such blockchains and cannot undo, reverse, or modify any transaction once it has been recorded on the blockchain.

22.  KYC, AML, and Identity Verification

  1. Compliance Obligations

Certain activities on the Hytch Platform—especially those involving the deposit or withdrawal of tokens—may trigger compliance obligations under applicable laws and regulations (including Bank Secrecy Act, USA PATRIOT Act, and other Anti-Money Laundering or ‘AML’ laws). By using these features, you agree to complete all required identity or residency verifications.

  1. Disclosure of Information

We may require additional documentation from you (e.g., government-issued ID) to facilitate compliance with these laws. Where legally required, we may share relevant user information with regulatory authorities or other third parties, as set forth in our Privacy Policy.

  1. Refusal and Suspension of Service

MobileFlow, Inc. reserves the right to refuse, suspend, or terminate your access to any digital asset functionalities if you fail to comply with our KYC/AML policies or any requests for identity verification. If we deem there is suspicious or fraudulent activity, we may freeze or confiscate digital assets as required or permitted by law.

23. Tax Obligations

  1. User Responsibility

You acknowledge and agree that you are solely responsible for understanding and meeting any tax obligations arising from your use of the Hytch Platform, including rewards, tokens, or other benefits. This may include capital gains, income, or other taxes that apply to the acquisition, sale, or exchange of digital assets.

  1. No Tax Advice

MobileFlow, Inc. does not provide tax advice. If you have questions about your tax obligations, we strongly recommend consulting an accountant or other qualified tax professional.

24.  Digital Asset Risk Disclosure

  1. Volatility and Market Risk

Digital assets can be volatile, and their value may fluctuate dramatically. There is no guarantee that any tokens you earn or purchase will hold any particular value, nor is there any guarantee that a secondary market for such tokens will exist at any time.”

  1. Regulatory Uncertainty

Blockchain technology and digital assets are subject to rapidly evolving regulatory environments. Regulations may vary significantly by jurisdiction, and changes in laws or regulatory approach es may adversely impact your ability to use, transfer, or trade digital assets.”

  1. Technology Risks

You acknowledge the inherent security risks of sending or receiving digital assets over the Internet and that third parties may engage in fraudulent or illegal activity, which could affect the Hytch Platform or your digital assets. MobileFlow, Inc. does not guarantee continuous or uninterrupted access to the Platform and will not be liable for any disruption or downtime.”

  1. No Investment Advice

All information provided by the Hytch Platform is for informational purposes only and should not be construed as financial or investment advice. You should perform your own due diligence before using or holding any digital asset.”

25. Contact Us

For any questions or concerns about these Terms or the Hytch Platform, please contact:

MobileFlow, Inc.
Email: support@mobileflow.ai

By using or accessing MobileFlow’s Hytch Platform, you acknowledge that you have read and understood these Terms of Use and agree to be bound by them.

MOBILEFLOW, INC. PRIVACY POLICY
Effective Date: April 15, 2025

This Privacy Policy (“Policy”) explains how MobileFlow, Inc. (“Hytch,” “we,” “us,” or “our”) collects, uses, discloses, and safeguards information about users (“you” or “your”) of our software, website(s), and technology platform (collectively, the “Hytch Platform”). This Policy supplements our Terms of Use. By accessing or using the Hytch Platform, you acknowledge that you have read, understood, and agree to the practices described in this Privacy Policy.

1. Introduction

1.1 Purpose of This Policy
We respect your privacy and are committed to responsibly handling your personal information. This Policy describes what information we collect, how we use it, and under what circumstances we share it.

1.2 Scope
This Policy applies to data collected via the Hytch Platform and any related services, applications, or tools that reference this Policy.

2. Information We Collect

2.1 Personal Information
We collect information that can identify you personally (“Personal Information”), such as your:

  • Name and contact details (e.g., email address, phone number)
  • Account credentials (e.g., username, password)
  • Driver or vehicle details, if you participate as a Driver
  • Other information you provide when setting up or using your account

2.2 Usage and Device Information
We collect information about how you access and use the Hytch Platform, including:

  • Device details (e.g., operating system, device model, IP address)
  • Log data (e.g., access times, pages viewed, in-app actions)

2.3 Location and Mobility Data
The Hytch Platform focuses on shared rides and commuting. To facilitate our services, we may collect and process location data (e.g., GPS signals from your mobile device) and trip information (e.g., routes, distances traveled, times of travel).

2.4 Subscription and referral Data

When you subscribe to Hytch Chat or use our referral program, we collect billing history, subscription tier, payment method, and applicable referral identifiers (including wallet-linked NFTs). This information is used to manage subscriptions, process payments, distribute token-based referral rewards, and detect abuse or fraud.

3. How We Use Your Information

3.1 Providing and Improving Services
MobileFlow collects personal information, including but not limited to location data, to verify your account, verify rides, prevent fraud, and measure carbon emissions. Data collection operates under explicit user consent or legitimate business interests. Data may be shared in aggregated, anonymized form with sponsors, government agencies, or grant providers. We use subscription and referral data to provide premium features, including encrypted messaging, ride coordination tools, and financial incentives. Certain anonymous commuting patterns may be shared in aggregate with sponsors to evaluate program efficacy.

3.2 Communications
We may send you transactional or administrative messages (e.g., account updates, ride confirmations). With your consent or as otherwise permitted by law, we may also send promotional communications or surveys. You may opt out of promotional messages at any time.

3.3 Aggregated Mobility and Transportation Data
We do not distribute or sell your individual Personal Information. However, we may create aggregated, de-identified datasets related to mobility and transportation patterns (e.g., trip counts, traffic flow, mileage). These datasets do not identify you personally and may be shared with partners, sponsors, or public agencies to help improve transportation infrastructure, incentivize carpooling, or conduct academic research.

4. How We Share Your Information

4.1 Third-Party Service Providers
We may share your Personal Information with trusted third parties who perform services on our behalf, such as data hosting, analytics, or customer support. These providers must adhere to confidentiality and data protection requirements consistent with this Policy. We may use third-party platforms to manage chat infrastructure, referral token streaming, or payment processing. These providers are contractually required to protect user data consistent with this Policy.

4.2 Compliance with Law and Safety
We may disclose your information if we believe it is necessary to comply with applicable laws, regulations, or legal processes, or to protect the rights, safety, or property of MobileFlow, Hytch’s users, or the public.

4.3 Business Transactions
In the event of a merger, acquisition, or asset sale, your information may be transferred to the acquiring entity. We will provide notice if your Personal Information becomes subject to a different privacy policy as a result of such a transaction.

5. Data Retention and Security

5.1 Retention
We retain your information for as long as necessary to fulfill the purposes described in this Policy or as required by law. We may anonymize or delete data that is no longer needed. 

5.2 Security Measures
We take reasonable administrative, technical, and physical measures to safeguard your information against loss, theft, unauthorized access, disclosure, alteration, or destruction.

5.3 Chat Privacy & Metadata

Messages sent through the Hytch Chat system are encrypted end-to-end using a secure Matrix protocol. MobileFlow does not retain the contents of your messages after delivery. Metadata such as timestamps, message delivery status, and referral information may be retained for abuse monitoring and service diagnostics, but not shared externally.

6. Your Choices and Rights

6.1 Access and Correction
You may log into your account to update or correct certain Personal Information. If you need additional help accessing or correcting your information, please contact us at the address provided below.

6.2 Opting Out of Communications
You may opt out of receiving promotional emails or text messages by following the unsubscribe instructions in those communications. Please note that you cannot opt out of certain administrative or transactional messages that are necessary to operate the Hytch Platform.

6.3 Location Services
Most mobile devices allow you to disable location services. Disabling location tracking, however, may limit certain functionalities of the Hytch Platform (e.g., ride logging, mileage-based rewards).

6.4 GDPR and CCPA Compliance
EU-based users have the right to access, rectify, erase, restrict processing, and object to the processing of personal data. California residents have the right to request data access, deletion, and to opt-out of data sales or sharing. Requests can be submitted through provided contact methods below.

7. Children’s Privacy

The Platform is not intended for users under the age of 13. For users aged 13 to 17, explicit parental or guardian consent and supervision are required prior to accessing or using the Platform. Parents or legal guardians must actively monitor minors’ use of the Platform and are solely responsible for ensuring compliance with these terms. MobileFlow adheres strictly to COPPA regulations and reserves the right to terminate accounts where adequate parental or guardian consent is not demonstrated. 

8. Changes to This Policy

We reserve the right to update this Privacy Policy at any time. Material changes will be posted through the Hytch Platform or otherwise communicated to you. By continuing to use the Hytch Platform after such changes, you agree to the revised Policy. If you do not agree, you should stop using the Platform.

9. Contact Us

If you have any questions about this Privacy Policy or our data practices, please contact us at:

MobileFlow, Inc.
Email: support@mobileflow.ai

Disclaimer: This sample Privacy Policy is provided for illustrative purposes only and does not constitute legal advice. You should consult qualified legal counsel to ensure your Privacy Policy complies with all relevant laws and regulations in your jurisdiction.

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