This Agreement is legally binding between you and Upcar, Inc. and governs your access to and use of our website ("Website"), mobile application ("App"), and associated services (collectively, the "Platform"). By using the Platform, you agree to be bound by these Terms. Upcar is a peer-to-peer car-sharing platform that facilitates connections between individuals looking to rent a vehicle (“Renters”) and vehicle owners (“Owners”) offering their cars for rent. Upcar acts solely as a facilitator and is not involved in the actual rental transaction between Owners and Renters. Upcar does not rent vehicles directly and is not a party to the rental agreement between users. Upcar equips users with tools to list vehicles, communicate with other members, and make informed decisions about renting or offering vehicles for rent. Our handling of personal information in connection with your use of the Platform is detailed in our Privacy Policy. Rentals made via the Platform are subject to these Terms, as well as specific Rental Agreements tied to each transaction. By following both the Terms and the relevant Rental Agreement, users can take full advantage of the services offered by Upcar.
To use the Upcar platform and create an account, users must be individuals and able to enter into binding agreements. Individuals must be 21 years old or older to create an account. When registering on the Upcar Website or App, users will be required to create a profile by providing their full name, email address, and password (collectively known as “Login”). This login information is confidential and cannot be shared with others. If a user’s login details are lost or shared unintentionally, they must immediately notify Upcar. Upcar will then update or cancel the login details as necessary. Users remain fully responsible for any actions taken using their login until Upcar is notified by user, and Upcar has a reasonable opportunity to take corrective action, except in cases where Upcar is directly responsible for a security breach. Sharing login credentials with third parties (other than an authorized Manager) is strictly forbidden. Violations may result in potential suspension, termination, or legal action taken against the user. Users further agree to permit access to Your User Account if the Company deems needed.
As a Renter, the User commits to holding a valid driver’s license and promises to take good care of the vehicle, ensuring that it is returned on time in essentially the same condition in which it was received.
It is important to note that rentals between close family members (parents, children, siblings, etc.) or people living in the same household are not permitted on the platform.
The Renter agrees to use the rented vehicle strictly for personal purposes and to drive it only on well-maintained roads and parking areas. The Renter must comply with all relevant laws regarding the holding of a valid driver’s license and the safe operation of motor vehicles. The Renter is prohibited from subleasing the vehicle or using it as a commercial vehicle for hire. Additionally, the Renter must keep the vehicle within the boundaries of the United States and is not allowed to take it to foreign countries. The Renter further agrees that the vehicle is intended solely for personal use and not for any commercial activities (such as ridesharing services like Uber or Lyft or Doordash), unless prior written consent has been given by both Upcar and the Owner. Renters are not allowed to access the vehicle before the start of the rental period and must return the vehicle on time and to the specified location. The Renter must handle the vehicle responsibly, ensuring safe operation at all times. This includes adhering to all traffic laws, speed limits, and regulations that prohibit impaired or distracted driving. Should Upcar have any concerns about the Renter’s use of the vehicle, Upcar reserves the right to terminate the reservation at its discretion and require the immediate return of the vehicle, including arranging for the vehicle to be recovered on behalf of the Owner. Renters are also required to wear seat belts at all times while driving the vehicle, and they must ensure that all passengers in the vehicle are also wearing seat belts. Furthermore, Renters must comply with any laws or regulations regarding the use of car seats and other safety protections for children and young passengers.
Upcar may revoke access to the platform for users who:
Upcar reserves the right to accept or decline any user registration. In cases of excessive cancellations or multiple accidents by a Renter, Upcar may suspend or terminate their account. Upcar also reserves the right to revoke a user’s access to the platform for any reason in Upcar’s sole discretion to the extent permissible by law.
Upcar enforces a strict non-discrimination policy. Users must not engage in discriminatory behavior based on race, religion, gender, disability, or any other protected characteristic. Owners are not permitted to cancel bookings or impose different terms based on a renter’s protected characteristics.
Owners are solely responsible for the accuracy of their listings. They must ensure that no part of the listing or rental violates any agreements with third parties, such as financing or leasing agreements, or any applicable laws or regulations. Upcar cannot be held responsible for any violations of third-party contracts or legal requirements by the Owner. Owner shall indemnify, hold harmless, and defend Upcar from any third-party claims resulting from Owner’s breach of this warranty. Owners must provide complete and accurate information about the vehicle, including its location, age, characteristics, availability, and rental price. Renters can only book vehicles based on the details provided in the listing, and Owners may not charge a price different from the one stated. Upcar requires that all vehicle features presented in the listing accurately reflect the vehicle’s condition from the start of the rental to its conclusion. Owners must ensure their listings are truthful, complete, and that they honor any representations made within the listing. If a vehicle is subject to a lien (for example, if it is leased or financed), Owners must be aware that listing such a vehicle may violate their contract with the lienholder. In such cases, the lienholder may impose certain insurance coverage requirements. Owners agree to indemnify, defend, and hold Upcar harmless from any claims arising from a violation of the lienholder’s agreement. Upcar may refuse or remove any vehicle listing that does not comply with these Terms or for any other reason in Upcar’s sole discretion. If the vehicle is electric, Owners must specify in the listing whether or not it has a dedicated charging spot. If this information is omitted, the Renter will not be held responsible for returning the vehicle with a full charge.
To list a vehicle on Upcar, it must meet the following criteria:
Upcar may request documents to verify the vehicle’s eligibility before allowing it to be listed on the platform, and the decision to accept a vehicle for listing is at Upcar’s sole discretion.
Upcar reserves the right to periodically review vehicle records to ensure continued compliance with eligibility requirements. Vehicle reviews may be triggered for a variety of reasons including, but not limited to, external notifications from the DMV, other users, or Upcar’s internal monitoring system.
Owners are responsible for ensuring that their vehicle receives regular maintenance according to both manufacturer and government guidelines. Upcar may make assumptions about a vehicle’s maintenance needs based on the information provided by the Owner. If requested, Owners must supply Upcar with proof of the vehicle’s maintenance, such as documentation signed by a certified mechanic or an Upcar-approved vendor, or through a maintenance verification feature available on the platform. If an Owner fails to provide adequate proof, Upcar reserves the right to suspend the vehicle from the platform until acceptable documentation is received.
Owners must ensure that their vehicle is always maintained in a condition that allows for safe operation by any Renter. Owners should not install any modifications, devices, or equipment that could interfere with the safe use of the vehicle.
Owners are encouraged to check the vehicle’s condition, including damage and fuel levels, between each rental. At the very least, vehicles should be inspected weekly, and any issues must be promptly reported to Upcar.
Owners affirm that they have the legal right to list their vehicle on the Upcar platform. If requested, Owners agree to provide documentation proving legal ownership and title. Additionally, a valid copy of the vehicle’s registration must be kept in the glove compartment at all times while the vehicle is listed on Upcar.
Upcar takes steps to verify the identity of users as outlined below. However, it is important to note that Upcar does not guarantee or vouch for the accuracy or validity of any user’s identity or vehicle information. Users are solely responsible for providing accurate and truthful information. In the event of any damage caused by another user or a third party, it is the responsibility of the affected party to seek recourse directly against the responsible party. Users agree not to hold Upcar liable or pursue legal action against the platform for such incidents.
To manage financial transactions Upcar may need to verify the identity of Owners.
If requested by Upcar, Owners must provide the following documentation:
Until the identity verification process is completed, payments to the Owner can be temporarily suspended.
Renters must undergo identity verification before renting a vehicle on the platform. This includes submitting:
If any part of the submission is unclear or insufficient, Upcar may request additional documentation or information. Failure to provide the necessary verification details will result in a denial of the rental request, and Upcar may suspend or permanently block the Renter’s account. In cases where Upcar has doubts about a Renter’s identity, the platform may require a new selfie to be taken through the App just before the start of the rental. This is to ensure the individual matches the documents on file. The rental agreement must be completed using the same mobile device that was used for the identity verification. If the identity check fails, the rental will not proceed, and Upcar shall not be liable to Owner or Renter.
Renters must undergo identity verification before renting a vehicle on the platform. This includes submitting:
By using the Upcar platform to rent vehicles, users authorize Upcar to, at its discretion, conduct a credit check and review personal auto insurance scores, credit reports, and, where applicable by law, a background check (including a criminal background check). These checks will be conducted in accordance with the Fair Credit Reporting Act and other applicable consumer protection laws. Users also grant Upcar the right to perform these checks whenever Upcar believes there may be an elevated risk associated with the user’s rental activity. Upcar may regularly monitor a renter’s driving records in compliance with applicable law to ensure ongoing compliance with platform requirements. This monitoring may be triggered by a variety of factors including, but not limited to, notifications from the DMV, reports from other users, or internal system flags. Additionally, users consent to Upcar conducting a Motor Vehicle Report (MVR) check before any vehicle rental.
Renters can browse available vehicles on the website or app using the search functionality. Bookings are automatically confirmed when a renter submits a request. Renters cannot contact the owner until the booking is finalized.
Check-in and Check-out Requirements:
Damage and Condition Verification:
Finalizing the Rental Agreement: Once the required information is provided at check-in and check-out, the Rental Agreement is automatically signed and both parties are bound by its terms.
The Owner is responsible for verifying the Renter’s identity, ensuring the following conditions are met before handing over the vehicle:
The Owner must refuse the rental and cannot hand over the vehicle if any of the following conditions are not met:
If the Owner becomes aware that a potential Renter does not meet any of these requirements, they must inform Upcar immediately and refrain from proceeding with the rental. Failure to report non-compliance may result in the Owner being held responsible for any consequences related to improper verification.
The Renter must verify the Owner’s identity, vehicle registration, license plates, and ensure the required safety equipment is present.
Once the rental starts, the renter accepts the vehicle’s condition as is with regards to discoverable damages. Any discoverable damage discovered after the rental will be considered the Renter’s responsibility unless proven otherwise with evidence. Discoverable damage is understood to be issues with the vehicle’s condition that should have been reasonably discovered during a preliminary inspection.
Renters must immediately report any issues, such as breakdowns or damages, to the Owner. Any damage must be reported as outlined in the agreement between both parties.
Renters can access roadside assistance via the “Help” section in the app.
At the conclusion of the rental, both the Renter and Owner must inspect the vehicle for any new damage and note its condition. The Renter must manually log mileage and fuel levels in the app via the checkout process. The Renter must also take high-quality photos of the vehicle, even in less-than-ideal conditions like nighttime or rain, via the checkout process. If no internet connection is available when the photos are taken, the Renter must ensure they are uploaded as soon as a connection is reestablished.
To document the vehicle’s condition at the end of the rental, the Renter should take:
Renters should retain these photos for at least three (3) years. The Rental Agreement is considered complete after the check-out process is completed.
Renters must ensure the vehicle is fully secured—doors locked, windows closed, and ignition turned off—at the end of the rental. Failure to do so may result in additional charges, including any costs resulting from failure to secure the vehicle.
For vehicles with dedicated or reserved parking spaces, the Owner must provide the Renter with clear instructions on where to park. This information should be included in the vehicle listing or communicated to the Renter before the end of the rental. If no specific instructions are given, and the Renter parks the vehicle in a legal parking spot, the Renter will not be charged, even if the Owner later disputes the parking location.
However, if clear parking instructions are provided, the Renter is responsible for following them precisely. If the Renter parks the vehicle in a location other than the one specified by the Owner, any associated parking fees will be the Renter’s responsibility for up to 24 hours after the rental ends.
If the designated parking space is unavailable (e.g., occupied or blocked), the Renter must contact the Owner to find an alternative solution before completing the check-out process. Contact should be made via the App or through text message for proof of communication. If no solution is found, and the Renter has no other choice but to park elsewhere:
In all cases, the vehicle must be parked in a legal space (e.g., not in front of a garage or in a delivery zone). The Renter is only exempt from this rule if specifically instructed by the Owner to park in a particular spot.
Although you are not obligated to clean the vehicle before returning it to the Owner, if the car is returned in a condition that clearly reflects negligent or improper use, the Owner has the right to report the issue. Our support team will assess the provided evidence, and if it verifies a legitimate cleaning violation, a fee of $150 plus a 3% processing fee will be applied. In certain situations, we may also, at our discretion, remove your access to Upcar.
If the vehicle is not clean at the start of the rental, the Renter must document the condition during the check-in process by taking photos.
The following are examples of messes that may require cleaning:
Owners are not allowed to charge for minor cleaning issues, including:
Renters are expected to return the vehicle to the Owner at the agreed-upon time. If you’re running late, you must request an extension through Upcar as soon as possible. You can request an extension during the rental period. A trip extension is only valid if it’s requested and approved through Upcar’s system by the Owner.
You won’t be able to extend a rental if:
If you’re unable to extend the trip, you must return the vehicle at the originally scheduled end time or immediately if the return time has already passed.
If a Renter keeps the vehicle beyond the scheduled end time without approval through the Upcar system, the Owner has the right to charge for the additional time and related fees. Additionally, Upcar may cancel any Collision Damage Waiver associated with the rental.
Penalties for late returns are as follows:
If the vehicle is not returned by the agreed-upon date and time without prior agreement, the Owner and Upcar reserve the right to notify authorities, reporting the vehicle as stolen.
The vehicle may also be reported as stolen and/or the Renter may be reported to the authorities under the following circumstances:
Upcar, the Owner, or their authorized agents may take possession of any rented vehicle without prior notice, and at the Renter’s expense, if the vehicle is not returned by the end of the rental period, is illegally parked, appears to be abandoned, or is used in violation of the law or these Terms. The Renter will be charged the daily rental rate for all late days and fees based on the cost for repossessing the vehicle.
If a vehicle rented through Upcar is reported missing or stolen during the rental (or extension) period, the Renter must immediately notify both Upcar and the Owner. The Renter must return the original ignition keys to the Owner, file a police report as soon as the vehicle is discovered missing or stolen—within no more than 24 hours—and fully cooperate with any investigations.
UPCAR, MAY, BUT ASSUMES NO OBLIGATION TO ASSIST OWNER WITH FINDING THE VEHICLE. UPCAR IS NOT LIABLE FOR ANY ASSOCIATED DAMAGES UNLESS DUE TO THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF UPCAR.
After the vehicle has been returned to the Owner, both Renters and Owners have the opportunity to leave feedback about each other through the Upcar platform. This feedback helps provide insights into user experiences and ensures the quality of interactions.
Upcar reserves the right to remove, either partially or entirely, any reviews that are found to contain false or misleading information. Upcar also reserves the right to remove any reviews for any reason in its sole discretion.
Users may exchange messages with one another or communicate with Upcar through the platform’s integrated messaging system. These messages are intended solely for coordinating vehicle rentals and are not visible to the public on the Website or App.
After the rental period ends, Users are encouraged to leave a review for the other party (whether Owner or Renter). These reviews will be publicly displayed on the respective profiles of the Owner or Renter on the platform.
All communications, whether public or private, must remain courteous and respectful. Insults, offensive language, or degrading comments are strictly prohibited. This includes, but is not limited to, any threatening, aggressive, racist, xenophobic, or violent messages, as well as any content that promotes racial hatred or obscene behavior.
Upcar reserves the right to moderate and remove any messages that do not adhere to these standards and may suspend or remove any User from the platform who violates these communication guidelines. Upcar is not responsible for any content posted on the platform by users. Any content posted by a user is done at the user’s own risk.
Both Owners and Renters have the ability to cancel a rental at any time through the Upcar platform. This must be done through the “Bookings” section. Select the relevant rental, and then choose the “Cancel” option.
Renters can cancel their booking free of charge within one hour of completing the booking on the platform. After this one-hour window, cancellation conditions are as follows:
If a rental is paid for using a credit or coupon, any cancellation fees will be deducted from the total paid amount first. If the total paid is less than the cancellation fees, the remaining balance will be deducted from the credits or coupons used.
If the cancellation is due to the Renter (e.g., the Renter does not show up within an hour of the scheduled start time), the Renter will not be entitled to a refund, and the Owner will receive 100% of the payout.
The rental will be considered canceled by the Owner if:
Owners will incur penalties if their overall cancellation rate exceeds the threshold of 4%. The cancellation rate and associated penalties are as follows:
These penalties will be deducted from the Owner’s earnings or charged to their credit card.
However, the Owner’s cancellation rate will not be impacted, and no penalty will apply if:
In such cases, the Owner should cancel the rental when submitting the damage report. If the Owner cancels the rental and submits the report later, they must contact Upcar to avoid penalties.
Upcar may suspend or permanently remove the Owner from the platform if:
If the cancellation is due to the Owner, the Renter will receive a full refund.
If the Renter’s profile requires verification, and Upcar cannot complete the verification by the time the rental starts, the rental shall be automatically cancelled. The Owner will not receive compensation, and the Renter will receive a full refund.
If the cancellation is due to fraud (e.g., the selfie doesn’t match the driver’s license photo), the Renter will be responsible for the full rental price, and Upcar reserves the right to collect any damages they may be entitled to in law or equity.
Renters may dispute cancellation fees if they can prove the rental could not be completed due to:
Similarly, the Owner may contest cancellation claims made by the Renter if they can prove the cancellation was due to the Renter’s actions or force majeure.
Disputes must be submitted within 24 hours of the cancellation, along with relevant evidence, through customer service of the Upcar platform.
Upcar is unable to process any disputes submitted after this 24-hour period. Upcar shall, in good faith, make a determination of such disputes in its sole discretion. Once payments to the Owner are processed 24 hours after a rental or cancellation, the Renter acknowledges that the payment will be final and no disputes can be processed by Upcar.
Upcar provides state-mandated minimum liability insurance for all Renters during the rental period, covering liability for damages or injuries caused to third parties. However, if the Renter has their own personal liability insurance that covers rental vehicles, Upcar’s liability insurance will not be provided. This liability insurance is offered through a third-party insurance partner, not directly by Upcar.
Renters have the option to purchase Collision Damage Waiver (CDW), which offers protection against damage to the rented vehicle. This optional coverage limits the Renter’s financial responsibility for certain damages to the vehicle, subject to the terms of the CDW agreement.
DISCLAIMER: Upcar is not an insurer, broker, or agent. Upcar offers CDW protection plans to our users in addition to their Primary Insurance. These protection plans provide excess coverage, and Renters insurance shall be primary. Protection plans do not replace the need for Renters and Owners to satisfy financial responsibility requirements outside of a rental transaction. Protection Plans have limits, and shall not apply above those limits.
The Renter is covered by insurance provided the following conditions are met:
All vehicles inevitably experience wear and tear over time as a result of regular use. This natural process contributes to the vehicle’s overall condition. Upcar’s insurance does not cover normal wear and tear, and Owners are responsible for routine maintenance and upkeep. If the vehicle sustains excessive wear or damage due to neglect or misuse by the Renter, they may be liable for damages.
Owners are responsible for maintaining their vehicle’s cosmetic appearance and mechanical integrity according to the manufacturer’s guidelines. Vehicles parked on the street or in other high-risk areas may experience accelerated wear and tear, such as dents and scratches, particularly to the front and rear bumpers. These are generally considered normal, provided they don’t affect the vehicle’s safety or functionality.
Upcar’s wear and tear guidelines, outlined below, serve as general benchmarks for assessing claims. Each claim is reviewed on a case-by-case basis, and Upcar reserves the right to deny claims if damage was pre-existing or not visible in the vehicle’s initial photos.
Notwithstanding anything in these Terms to the contrary, Upcar will evaluate any claim made by Renter or Owner related to vehicle damage. Claims must be made within forty-eight (48) hours following the return of the vehicle. Upcar will make a determination in its sole discretion. If the damage is covered by Upcar's insurance, it will be processed accordingly. If Upcar determines that the damage is due to the fault of the Owner or Renter and/or not covered by insurance, that party will be responsible for covering the cost of the damage to the extent of their fault. Upcar's determination is final and binding on all parties. Notwithstanding anything in these Terms to the contrary, Upcar is only responsible to cover damages if such damages are insured by Upcar per these Terms or are otherwise due to the fault of Upcar.
Notwithstanding anything in these Terms to the contrary, for any disputes not related to cancellations or damages, Upcar may, at its sole discretion, evaluate the dispute, but has no obligation to do so. The Owner and Renter are primarily responsible for settling such disputes between themselves. Upcar's involvement in any such dispute resolution is entirely voluntary and does not create any obligation on Upcar's part.
Any disputes Renter or Owner has with Upcar must be resolved solely through the procedure in Governing Law and Dispute Resolution section, detailed at the end of these Terms.
Trucks and convertibles have unique features that are subject to wear and tear through normal use. Upcar applies specific guidelines for these vehicle types:
Hybrid and electric vehicles have specialized systems, but they are still subject to the same types of wear and tear as traditional gas-powered cars. Routine maintenance is essential to their operation.
Any repairs covered by Upcar or its insurance provider will require the use of reconditioned, remanufactured, or aftermarket parts that are of similar kind and quality (LKQ Parts) to the original components being replaced, regardless of the vehicle’s age or mileage. Original Equipment Manufacturer (OEM) parts may only be used if explicitly approved by Upcar, and only if no suitable LKQ parts are available for the required replacement.
Upcar follows the principle of betterment for all vehicle parts and components requiring repair or replacement due to a covered loss. This means that any pre-existing wear, excessive damage, or prior repairs in adjacent areas will be factored into the final repair costs. In the case of a total loss, the payment issued will be adjusted to account for any prior repair payments made toward the vehicle.
Upcar will cover reasonable storage costs for vehicles that are in body shops or tow yards as a result of a valid claim related to an Upcar rental, provided that Owners make every effort to minimize these fees by retrieving their vehicles as soon as possible. “Reasonable storage fees” are defined based on local highway patrol guidelines in the area where the accident took place. Storage fees will not be paid beyond 48 hours after a vehicle is declared a total loss or becomes eligible for retrieval from an impound or tow yard. Owners may need to complete paperwork or visit locations to release their vehicles. If Owners pay any retrieval or release fees in connection with a claim, Upcar reserves the right to decline reimbursement if the fees are deemed unreasonable or caused by the Owner’s delay in retrieving the vehicle.
Upcar will only consider labor rates that align with market standards for the vehicle’s home location when calculating repair costs.
Upcar prioritizes vehicle safety on the platform. After payment for repairs, the funds must be used solely for that purpose. Upcar may request documentation proving the repairs were completed. Failure to provide this proof may impact future claims and affect the vehicle’s availability on the Upcar platform.
Upcar will not cover the failure of any audio or sound-producing equipment—such as subwoofers, CD players, MP3 players, audio speakers (whether aftermarket or OEM), or infotainment touchscreens—unless there is physical damage unrelated to regular wear and tear that can reasonably be linked to the failure.
Any additional damage discovered during the repair process must be reported within 30 days of the initial payment being issued. If the supplemental damage is reported after this window, the Owner will be responsible for covering the cost, and Upcar will not provide additional compensation.
Owners must confirm that their vehicles do not have salvage or rebuilt titles before listing them on the platform. If a claim is filed, Upcar may request documentation proving the vehicle is free from such titles. If it is discovered during the claim process that the vehicle has a salvage, rebuilt, or branded title, the Owner will not receive any payment for damages, as vehicles with such titles are not eligible for car sharing on the platform.
By participating in Upcar, Owners acknowledge that their personal auto insurance may not cover the vehicle while it is being shared through the platform. The insurance provided by Upcar will take precedence over an Owner’s personal auto policy during the rental period.
Coverage through Upcar and its partners will be void if the Owner conceals or misrepresents any material information regarding the vehicle or a claim at any point.
In the event of any damage to the vehicle, personal property, bodily injury claims, or roadside assistance costs that occur during the rental period—whether caused by collision, theft, vandalism, fire, flood, or other acts of nature—the Renter is solely responsible for covering the full cost of repairs or losses either out of pocket or under their Collision Damage Waiver (CDW) if Renter chose to purchase it. The deductible represents the maximum amount the renter will be responsible for in the case of damage to the vehicle. If the repair costs are lower than the deductible, the renter will only be charged for the actual cost of repairs. However, if the damage exceeds the deductible, the renter’s financial responsibility will be capped at the deductible amount, provided they have purchased CDW. If the renter has not purchased CDW, they will be responsible for the full cost of the damage.
CDW is only valid if the renter complies with all of Upcar’s Terms or Rental Agreement. If the Renter violates any of the Terms or Rental Agreement, the protection provided by CDW is void, and the Renter may be held responsible for the full amount of any damage or loss.
Eligible Renters have the option to purchase a CDW for each rental, which reduces their liability in case of any physical damage, roadside assistance costs, or other losses that arise during the rental period. CDW applies only to the specific rental for which it was purchased and must be selected during the booking process. Options for the CDW plan will be displayed in the Upcar app when the renter is booking the vehicle.
CDW coverage is secondary to the Renter’s primary insurance, meaning it will only reduce the deductible for the renter if their personal insurance policy doesn’t cover the full claim amount. CDW is not an insurance policy but functions to lower the renter’s responsibility for repair costs up to the deductible amount.
In certain cases, depending on the risk profile of the renter—such as their age, rental history, or the type of vehicle—CDW may not be available. In such cases, since CDW is not purchased or available, the Renter would be responsible for the full amount of the damage or repair costs, with no limit or cap. This means that the renter would need to cover the entire cost of the repairs or damages without the benefit of a deductible cap, making them liable for the full extent of the damage incurred during the rental period.
Each CDW plan covers only one instance of damage during a rental. If multiple incidents occur, CDW will apply to the damage with the highest repair cost, and the Renter will be liable for the full deductible amount for any additional damages. CDW does not cover vehicle theft.
If the Renter makes consecutive rentals for the same vehicle, and one rental is covered by CDW while another is not, the CDW will not apply to any damages incurred during the period not covered by the protection plan.
Renters should review their personal auto insurance or credit card coverage to verify if they have existing protection for physical damage before purchasing a CDW. If CDW is purchased, a prorated cost will apply to any rental extensions. CDW cannot be added retroactively to a rental once it has begun, and it cannot be applied to rental extensions if not originally selected.
The cost of CDW varies based on several factors, such as the duration of the rental, the type and location of the vehicle, and the renter’s driving history. CDW is not available for every driver, vehicle, or rental and can only be purchased in certain states. Purchasing CDW is entirely optional, and Renters are not obligated to buy it. However, if a Renter chooses not to purchase CDW, they are required to provide proof of their personal insurance coverage. Renters must upload a valid photo of their insurance documentation through the Upcar platform. This insurance must be active and provide coverage that meets the minimum requirements for liability and damage during the rental period.
Failure to upload valid insurance documentation prior to the rental period may result in the cancellation of the booking, and the Renter will be fully responsible for covering all damages, liabilities, and other associated costs without any assistance from Upcar or the CDW program.
By using Upcar, Renters agree to the following terms:
The CDW does not apply, and the renter may be held fully responsible, in the following circumstances:
The Renter acknowledges that they have granted Upcar the authority to collect any amounts owed to the Owner after the rental period, such as (but not limited to) rental fees, security deposits, compensation, management fees, or penalties subject to these Terms, Rental Agreement, and applicable law. Upcar will not assist with disputes that are reported after forty-eight (48) hours following rental period unless required under applicable law.
Upcar utilizes payment service providers to manage funds collected through the platform (for example, the rental fee, mileage adjustments after the rental, fuel level adjustments, or any compensation one user may owe another as per the rental agreement).
Upon creating an owner account on the platform, a payment account is automatically set up using Stripe Connect to facilitate payments owed to the Owner. All payments processed on the platform, aside from PayPal transactions, are handled through Stripe. Once payments are due (such as at the end of the rental or in case of a cancellation), Upcar will instruct Stripe to transfer the funds to the user’s bank account based on the details provided in their account.
Payments processed through PayPal are stored in a designated account. When these payments are due, a transfer is made from the account to the user’s bank account details as recorded in their profile.
Due to Upcar’s partnership with Stripe, they may request customer verification as part of their due diligence process. Outstanding payments to the Owner may be delayed until valid identification and proof of address are provided (dated within three months).
If you are an owner, you designate Upcar as your agent for the limited purpose of collecting payments from the Renter on your behalf for rentals made through the platform. Payment from Upcar is considered the same as payment directly from the renter, and the owner agrees to provide the vehicle in accordance with the Rental Agreement. Once the Renter pays Upcar, their obligation to the owner is fulfilled, and it is Upcar’s responsibility to remit those funds to the Owner. If Upcar fails to send the payment, the Owner’s recourse is only against Upcar, not the renter.
As an Owner, you acknowledge that Upcar may establish the rental price for your vehicle. Upcar will manage the rental price on your behalf, processing the Renter’s payment, taking a commission, and transferring the remaining funds to the Owner. Payment will be made based on the method selected when the Owner registered or updated through the platform. Payments will only be made in months where the amount owed to the owner exceeds $100. Any unpaid amounts will roll over to the following month until the total reaches $100. Upcar reserves the right to withhold or reverse any payments due to breaches of these Terms, applicable law, or other reasons determined by Upcar in good faith.
Owners are solely responsible for maintaining accurate payment and contact information in their account, including any necessary tax information. If Upcar believes tax information is required and it is not provided, Upcar may withhold payment until the information is received. Any bank fees due to incorrect or outdated information will be deducted from subsequent payments. Owners are responsible for any applicable taxes related to their use of the platform. Disputes regarding payments must be reported to Upcar within 30 days of the payment in question; otherwise, the owner waives any right to claim for that payment. Payment is based solely on Upcar’s records.
Renters agree that Upcar, through Stripe, may place a pre-authorization hold on their bank account via their credit card. This pre-authorization is a temporary hold, not an actual charge, although it may appear on the renter’s bank statement depending on the bank’s policy.
The pre-authorization is initiated at the time of booking and typically corresponds to the full amount of the trip. If the Renter has caused damage to a vehicle during a prior rental, Upcar may increase the pre-authorization amount. At the end of the rental, the total amount owed by the Renter (including additional fees like late return or extra mileage) is charged to the Renter’s account. If this total is less than the pre-authorization amount, the remaining balance is released within five days after the rental ends (or within 30 days if damage or other fees apply).
The total rental price, referred to as the “Rental Price,” paid by the renter (excluding optional excess reduction plans), includes the following components:
In the event of technical issues that prevent the proper functioning of the website or services, Upcar will work diligently to restore functionality as soon as possible. Should users encounter issues, they can reach Upcar through the platform via "Account > My rentals > Contact us." However, issues caused by the user’s own internet access or computer equipment will not be covered by Upcar's assistance.
Upcar is responsible for processing personal data collected from users while using the platform and services. Upcar ensures the safe collection and handling of personal data as detailed in the Privacy Policy, in compliance with applicable data protection laws. By registering as a user, you consent to this data processing and confirm that the information you provide is accurate.
The services are provided to users contingent upon their compliance with the Terms and any applicable laws. Upcar reserves the right to revoke access to its services if a user fails to adhere to their obligations.
Upcar may suspend or terminate access to part or all of the services, without prior notice, if it detects a breach of obligations, a violation of the terms, or if the integrity of the website is compromised. Violations such as fraud, identity theft, misuse of payment methods, or inappropriate behavior (e.g., harassment or offensive language) may result in the user being added to Upcar’s exclusion list, and legal action may be pursued. Users on the exclusion list will no longer be able to rent vehicles or list vehicles for rent on the platform. For details on how personal data is handled regarding the exclusion list, refer to the Privacy Policy.
Users can terminate their participation in the services at any time by submitting written or email notice to Upcar. Upcar retains the discretion to terminate a user’s participation at any time and for any reason without explanation. The agreement will remain in effect even after the user’s participation has ended.
Upcar regularly updates the features and characteristics of the website, app, and services to maintain high operational standards. Upcar may unilaterally modify the terms at any time to reflect changes in services or to comply with legal or technical updates. Users will be notified of any changes, and if they disagree with the new terms, they must close their account within 30 days of receiving the notification. Failure to do so implies acceptance of the updated terms.
The terms in effect at the time of a rental booking will apply to that rental. Users are encouraged to check the latest version of the terms before booking any new rentals.
Both Upcar and users operate independently of one another. Neither party has the authority to make commitments on behalf of the other. No clause in these terms will be interpreted as forming a partnership, joint venture, or agency between the parties.
Users may not transfer or assign this agreement, while Upcar may do so without restriction. Any invalid clause will not affect the enforceability of the remaining provisions.
For communication purposes, Upcar’s address is its registered office, while the user's address is the one provided at registration.
Upcar retains all right, title, and interest in and to the Website, App, and Platform, including all related intellectual property rights. This includes, but is not limited to, the software, user interface designs, architecture, modifications, enhancements, updates, and documentation. Users are strictly prohibited from modifying, creating derivative works, decompiling, reverse engineering, disassembling, or otherwise attempting to derive source code from the Website, App, and Platform.
Upcar grants users a limited, non-exclusive, non-transferable, and revocable license to use the Website, App, and Platform solely for its intended purposes as outlined in these Terms. This license may be revoked at any time at Upcar's sole discretion. No rights or licenses are granted to the users except as expressly set forth herein.
By posting, uploading, or otherwise submitting any content to the Website, App, or Platform, you grant Upcar a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the content in connection with Upcar's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Website, App, or Platform (and derivative works thereof) in any media formats and through any media channels.
You represent and warrant that you have all rights necessary to grant these licenses without violation of any third-party rights, including without limitation any privacy rights, publicity rights, copyrights, contract rights, or any other intellectual property or proprietary rights.
Upcar does not claim ownership of the content you submit or make available. However, with respect to content you submit or make available for inclusion on publicly accessible areas of the Website, App, or Platform, you grant Upcar the license described above.
At Upcar, we are committed to maintaining a safe and respectful platform for all users. We strictly prohibit any form of Online Child Sexual Exploitation and Abuse (OCSEA) and enforce a zero-tolerance policy for such behavior.
If you suspect any violations or need to report concerning behavior, please contact our Trust & Safety Team at: support@upcar.ai
Upcar remains committed to the protection of children and the elimination of OCSEA from online platforms. Any violation of these policies will be taken seriously, and appropriate action will be taken in accordance with legal and regulatory requirements.
By using Upcar’s services, you acknowledge and agree that certain vehicles may be equipped with telematics devices that collect information about vehicle location, mileage, speed, driving behavior, and other diagnostic data during your trip. This information is collected to ensure the safety of our community, to monitor compliance with Upcar’s policies, to assist in insurance claims or disputes, and to improve the overall user experience. By renting a vehicle through Upcar, you consent to the collection, use, and sharing of telematics data in accordance with our Privacy Policy and these Terms of Service.
Upcar respects the intellectual property rights of others and expects users to do the same. Upcar will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement, please provide our designated copyright agent with the following information:
Upcar maintains a policy to terminate account holders or subscribers who are repeat infringers of copyright under appropriate circumstances. Upcar reserves the right to terminate accounts of users who have been the subject of multiple valid DMCA takedown notices.
Upcar’s designated copyright agent for notice of alleged copyright infringement can be reached at:
Email:copyright@upcar.ai
Users agree to indemnify, defend, and hold harmless Upcar, its officers, shareholders, employees, directors, and agents from and against any third-party claims, actions, or demands, including, without limitation, reasonable legal and accounting fees, arising out of or resulting from:
User’s liability under this indemnification shall be limited to the proportion of fault attributable to the user. This indemnification obligation will survive the termination of these Terms and use of the Website, App, and Platform.
The services are governed by the internal laws of California, without regard to its conflict of laws principles.
You and Upcar agree that any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, or to the use of the Website, App, and/or Platform (collectively, "Disputes") will be settled by binding arbitration, except as provided herein. Each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights.
Either you or Upcar may assert claims in small claims court, if the claims qualify and so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis.
For Disputes with a claimed value of $25,000 or less, the arbitration will be conducted by FairClaims in accordance with its applicable rules. For Disputes with a claimed value exceeding $25,000, the arbitration will be administered by the American Arbitration Association ("AAA").
The arbitrator will have exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.
The parties agree to split arbitration fees equally, but the arbitrator may award the prevailing party its share of such fees as part of the arbitration award.
You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth above by sending email to support@upcar.ai. The notice must be sent within 30 days of your creation of your account, otherwise you shall be bound by the agreement to arbitrate and class action waiver. This provision will survive the termination of your relationship with Upcar.