Local Motion Endorsements LLC — Driver Terms of Service

Last Updated: September 30, 2025

These Driver Terms of Service (“Terms”) govern your access to and use of the Local Motion mobile application, websites, and related services (collectively, the “Platform”). By creating an account or using the Platform, you agree to these Terms.

1. Definitions

Business: An advertiser or organization that uses the Platform to create Campaigns and fund mileage-based advertising.
Campaign: A business-defined program with parameters including target ZIP codes/geographies, dates, quotas, eligible vehicle types, ad material rules, verification requirements, and rates.
Target Zone: A Business-designated area in which miles are compensated at a premium Target Zone Rate.
Base Radius: A circular area centered on the Driver’s primary residential address on file. Unless a Campaign specifies otherwise, this is forty (40) miles.
Eligible Miles: Miles recorded in accordance with Section 6 that qualify for compensation.
Base Rate: The standard per-mile rate applicable to Eligible Miles within the Base Radius but outside any Target Zone.
Target Zone Rate: The premium per-mile rate applicable to Eligible Miles within a Target Zone.
Location Logs: GPS coordinates, timestamps, and derived mileage/path data captured by the Platform for tracking, eligibility, fraud detection, and analytics.
Payout: Money paid to a Driver for Eligible Miles via third-party processors.
Ad Materials: Decals, magnets, reflective vinyl, anti-tamper stickers, instructions, and any other materials required by a Campaign.
Verification Upload: A photo/video submission required to confirm Ad Materials are installed and compliant (including periodic/weekly uploads if required).

2. Scope of Services; Marketplace Nature

Local Motion provides a technology Platform that enables Businesses to define Campaigns and Drivers to enroll and log mileage. Local Motion is a marketplace facilitator only; not a carrier, advertiser, insurer, escrow agent, employer, or tax advisor. No guarantee is made as to Campaign availability, miles, Payouts, or features.

Not a Party to Driver–Business Relationship. Businesses control their Campaigns and are responsible for Campaign terms (including rates, acceptance/decline decisions, and Campaign requirements). Except as explicitly stated in these Terms, Local Motion is not a party to any agreement between you and any Business and is not responsible for a Business’s acts or omissions.

A separate Independent Contractor Agreement may apply and is incorporated by reference. In the event of conflict, that agreement controls for contractor status and compensation obligations between you and the applicable payer.

3. Eligibility; Registration; Account Security

Minimum Requirements: At least 18; valid driver’s license; current auto insurance and registration; compatible smartphone with data.
Accurate Information: Provide true and current information, including the residential address used to determine the Base Radius.
Address Changes: You must promptly update your residential address in the Platform if it changes. We may request reasonable verification (e.g., documentation) before applying an address change for eligibility purposes. Your Base Radius may be recalculated based on the updated address.
Security: You’re responsible for your credentials and activity; notify us immediately of suspected unauthorized use.
Verification: You authorize lawful identity, license, insurance, and other checks to protect Platform integrity.

4. Driver Responsibilities; Safety; Compliance

Compliance: Follow all laws, including traffic, distracted-driving, and display regulations. Do not interact with the Platform while operating a vehicle. If you must use the app, pull over safely and park first.
Vehicle: Keep your vehicle safe; do not obstruct visibility with Ad Materials.
Ad Materials: You may need to install/remove Ad Materials. You assume risks of wear/residue/damage unless a Campaign says otherwise.
Device Preparedness: Keep the app running with background location, adequate battery, and connectivity.
No Misrepresentation: No GPS spoofing, emulators, manipulation of Location Logs, account sharing, or other circumvention.

5. Campaigns; Sign-Up; Assignment; Removal

Visibility: Campaigns and parameters are set by Businesses and shown to eligible Drivers.
Enrollment/Assignment: Enrollment does not guarantee assignment; Businesses may accept/waitlist/decline, subject to law.
Removal/Suspension: A Business or Local Motion may suspend/remove a Driver for breach, fraud risk, safety concerns, repeated non-compliance, or inactivity.
No Conflicts: Do not act contrary to Campaign requirements once enrolled.

6. Rates, Miles & Eligibility Rules

Base Radius (Eligibility Radius): Unless a Campaign states otherwise, miles driven outside a 40-mile radius of your residential address on file are ineligible.
Target Zones: Businesses may define ZIP/polygon Target Zones paid at a Target Zone Rate; surfaced in-app when feasible.
Eligible Miles: Eligible Miles must be (a) during active Campaign dates; (b) recorded by the Platform; (c) within the Base Radius; and (d) compliant with Campaign rules and these Terms (including required Verification Uploads and Ad Materials compliance).
Ineligible Miles: Miles are ineligible if (a) outside Base Radius; (b) before enrollment/after removal; (c) not recorded due to disabled permissions, power/connectivity issues, or app termination; (d) suspected spoofing/tampering; (e) excluded by Campaign rules; or (f) associated with non-compliant Ad Materials or failed verification.
Methodology: Mileage is computed from Location Logs using industry-standard methods (e.g., Haversine/route snapping), may be rounded to 0.01 mile, and may remove stationary/low-speed segments.
Audit/Adjustments: We may review, audit, and adjust mileage for anomalies or error; our calculation is final absent manifest error.
Disputes: Email support@drivewithlocalmotion.com with details within 30 days of statement issuance.

Ad Materials Verification; Anti-Tamper Sticker; Rejection Enforcement

Verification Uploads: A Campaign may require initial and/or periodic Verification Uploads (photos/videos) to confirm Ad Materials are installed and compliant. You must submit required Verification Uploads by the stated due date/time and follow submission instructions (e.g., angles, lighting, visibility of decal and anti-tamper sticker).
Anti-Tamper Sticker Required: If a Campaign requires a decal, you must apply the Local Motion-provided anti-tamper proof sticker over/adjacent to the decal as instructed. You must keep the sticker intact, visible, and unaltered for the duration of the Campaign unless expressly instructed otherwise in writing by Local Motion.
Tampering (Zero Tolerance): If the anti-tamper sticker is determined (in Local Motion’s reasonable discretion) to be tampered with, removed, altered, re-applied, substituted, obscured, or otherwise compromised, you will be removed from the Campaign. In addition, any miles associated with the non-compliance period may be deemed ineligible. To the maximum extent permitted by law, Local Motion and/or the applicable Business may withhold, reverse, or offset amounts attributable to ineligible miles, including amounts reflected on the prior month’s statement if the tampering impacts that statement period.
Two-Rejection Rule (Immediate Removal): If a Business rejects your Verification Upload twice for the same required upload window/date, you will be removed from the Campaign immediately. Miles associated with the non-compliance period may be deemed ineligible under these Terms.
Reasonable Review: Verification decisions may be made by the Business and/or Local Motion. Local Motion may, but is not required to, review or override a rejection if there is clear evidence of error or abuse.

7. Statements; Payments; Processors; Taxes; Chargebacks

Statement Frequency: Statements are issued end-of-month (EOM) for each Driver who is enrolled in a Campaign that is active during that month (even if you were active for only part of the month). Statements are typically generated within 1–5 business days after month-end.
Marketplace Payments: Businesses are payers of record and solely responsible for Driver compensation. Local Motion does not guarantee Payouts.
Automatic Funding & Payouts: Payouts are initiated automatically after a statement is finalized and only if the applicable Business payment method (used to start/pay the Campaign) successfully funds the amounts due. Payout initiation typically occurs within 5 business days after statement issuance, but timing is not guaranteed and is subject to holds, eligibility review, and processor rules.
Processors: Payouts are made via third-party processors and are subject to those processors’ terms/policies. You may need to create and maintain an account and complete identity/verification steps required by the processor.
Payout Failures; Retries; Holds: A payout may fail due to invalid/closed payout accounts, incomplete verification, restrictions imposed by processors, name/identity mismatch, network error, or other causes. If a payout fails, we may automatically retry up to three (3) times (for example, approximately 3, 7, and 14 business days after the failure) unless you update your payout details sooner. If the payout cannot be completed, the amount will be held until you provide valid payout details and the payout can be processed, or until otherwise handled as required by law. You are responsible for maintaining accurate payout information. If payout failures persist, we may pause additional payouts until your payout details are corrected.
Holds/Chargebacks/Reversals: Payouts may be delayed, withheld, or reversed due to fraud, disputes, chargebacks, Campaign non-compliance, or processor actions. We are not liable for those decisions.
Fees; Setoff: Processor fees, return fees, reversals, chargebacks, or adjustments (including for suspected fraud or ineligible miles) may be deducted from the payout amount, held amounts, or future payouts to the extent permitted by law.
Taxes: You’re responsible for taxes. Businesses and/or processors may handle reporting per law and processor configuration.
No Escrow/Insurance: Local Motion is not an escrow or insurer.

8. Data; Privacy; GPS Tracking Consent

Categories: Identity/verification; contact/residential; vehicle; payment/tax; location/usage (GPS, timestamps, mileage, in/out radius & zones); campaign/earnings; device/app data.
Purposes: Operate/improve Platform; eligibility; mileage calculation; fraud detection; support; compliance; analytics.
GPS Consent: You expressly consent to continuous, precise geolocation, including background collection. Disabling location may make miles ineligible and may suspend Campaign participation.
Privacy Policy: Our Privacy Policy governs data processing and your rights; if there’s a conflict, the Privacy Policy controls for processing. (Add your Privacy Policy URL here when available.)
Retention: We may retain Location Logs and related records as reasonably necessary, including for fraud, audits, legal compliance, and disputes.

9. Prohibited Activities

No interference with GPS/logging; no spoofing/tampering; no scraping/reverse engineering except as allowed by law; no unauthorized access; no misuse of Ad Materials; no violation of Campaign restrictions; no harassment/illegal activity; no circumvention of fees or security; no account sharing; and no multiple accounts for the same individual without permission.

10. Device; Software; Updates

You’re responsible for compatible devices/data plans; grant required permissions (background location, motion/activity). Updates may auto-install.

11. IP; License; Feedback

Local Motion and its licensors own the Platform and content. We grant a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to use the Platform to participate in Campaigns. Feedback may be used by us without restriction.

12. Term; Suspension; Termination

These Terms apply from account creation until termination. We may suspend/terminate for violations, fraud risk, legal risk, or inactivity. Sections intended to survive (including 6–20) will survive.

13. Warranties; Disclaimers

THE PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE.” WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND DO NOT GUARANTEE PAYOUTS BY BUSINESSES.

14. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE ARE NOT LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR LOST PROFITS/DATA/BUSINESS INTERRUPTION. OUR TOTAL LIABILITY IS LIMITED TO US$100 OR, IF GREATER, FEES (IF ANY) PAID BY YOU TO LOCAL MOTION FOR PLATFORM ACCESS IN THE SIX (6) MONTHS PRIOR TO THE CLAIM.

15. Indemnification

You will indemnify and hold harmless Local Motion and affiliates from claims, damages, and expenses (including attorneys’ fees) arising out of your use, driving, vehicle, Ad Materials, Verification Uploads, breach, or taxes.

16. Dispute Resolution; Arbitration; Class Waiver

Informal: Email support@drivewithlocalmotion.com; 30-day cure period.

Arbitration: AAA Consumer Rules, single arbitrator, English, New York County, NY; FAA governs; judgment may be entered in any court.

Class Waiver: Claims only in individual capacity; no class/representative proceedings.

Exceptions: Small claims or injunctive relief for IP/confidential info.

Opt-Out: Within 30 days, email subject “Arbitration Opt-Out” with registered name/email.

17. Notices; Electronic Communications; E-Sign

Notices to Local Motion: support@drivewithlocalmotion.com and (if required) by mail to: [INSERT COMPANY NOTICE ADDRESS].

You consent to electronic communications and signatures, including in-app and email notices.

18. Modifications

We may modify these Terms; material changes notified in-app/email. Continued use after effective date is acceptance.

19. Governing Law

New York law governs (conflict rules excluded); arbitration agreement governed by the FAA.

20. Miscellaneous

Assignment: You may not assign without consent; we may assign without restriction.
Severability/Waiver: If a provision is unenforceable, modify to minimum extent; remainder continues. No waiver of one breach is a waiver of others.
Force Majeure: No liability for events beyond reasonable control.
Entire Agreement; Order: Campaign payment terms → Independent Contractor Agreement → these Terms → Privacy Policy.

Exhibit A — Illustrative Eligibility & Calculation Principles

Sampling & smoothing (e.g., 30–60s intervals; route snapping; remove stationary points).
Outside-radius (40 miles) flagged and excluded unless approved in writing and reflected in the Platform.
Target Zone via point-in-polygon checks against Business geographies.
Rounding to the nearest 0.01 mile; daily/campaign rounding may apply.
Handle anomalies: speed spikes, discontinuities, spoofing patterns.
Evidence may include Location Logs, derived paths, Verification Uploads, and aggregation outputs.

Contact: support@drivewithlocalmotion.com