Important notice.
Please read this Terms of Service (the “Agreement”) carefully. It contains a binding arbitration agreement (with an opt‑out), a class‑action waiver, disclaimers of warranties, limitations of liability, and obligations to comply with laws. By clicking to accept or by accessing or using the Services, you agree to this Agreement.
1) Introduction
Who we are. Carsan LLC (“Carsan,” “we,” “us,” or “our”) operates a peer‑to‑peer car‑sharing marketplace and full‑service management platform that connects vehicle owners (“Owners”) with drivers seeking to use vehicles for personal transportation (“Drivers”). We may provide management services to Owners (e.g., check‑in/check‑out, parking, reservation support, repairs support, claims coordination, roadside assistance coordination), but Carsan is not a rental car company and does not own or operate a fleet.
Our Services. Our websites, applications, and other channels we make available are collectively the “Services.” This Agreement applies to all users of the Services (each, a “User”).
Modifications. We may update this Agreement at any time. The “Effective date” above will show the last revision date. If you do not agree to the updated terms, you must stop using the Services. Your continued use constitutes acceptance.
2) Eligibility, Registration, and Account Security
Eligibility. You must be at least 18 years old and approved by Carsan to use the Services. The Services are unavailable to users previously removed or prohibited by Carsan unless we provide written reinstatement.
Registration. To access certain features, you must create an account and provide accurate, current, and complete information. You must promptly update information when it changes (e.g., contact details, license status, address).
Verification and Approval. When you apply to list or reserve a vehicle, you authorize Carsan to conduct identity, driver‑license, and other eligibility screenings, including obtaining consumer reports and background checks where permitted by law (e.g., motor vehicle records, identity and fraud checks, insurance reports, credit checks if relevant to risk). By applying, you consent to our obtaining such reports now and in the future for risk monitoring. Approval is at Carsan’s sole discretion. We may approve, conditionally approve, or deny any application and may suspend or revoke access at any time if, in our judgment, a User no longer meets criteria, poses risk, or violates this Agreement. We may require supplemental documentation at any time.
Ongoing Contact. You agree we may contact you using the contact information on file (email, phone, mailing address) regarding your account, reservations, collections, support, safety, or legal notices.
Account Security. You are responsible for all activity under your account. Keep credentials confidential and notify us immediately of suspected unauthorized use.
3) Privacy; Communications; E‑Sign Consent
Privacy. Our collection and use of personal data is described in our Privacy Policy (incorporated by reference). By using the Services, you acknowledge that policy and consent to our data practices.
Text & Call Communications. By providing a phone number, you consent to receive calls or texts (including autodialed or prerecorded) related to sign‑up, reservations, account activity, fraud prevention, collections, and urgent messages. Message/data rates may apply. Message frequency varies. Consent is not a condition of purchase and can be revoked by following provided opt‑out instructions or contacting support.
Electronic Signatures & Notices. You consent to transact electronically and receive agreements, disclosures, and notices electronically. You may withdraw consent where permitted by law; doing so may limit your ability to use the Services.
4) Acceptable Use and Platform Rules
Use the Services only for legitimate car‑sharing transactions. Prohibited conduct includes: scraping or harvesting; interfering with security or operations; using bots or harmful code; attempting to circumvent fees or complete off‑platform transactions; misrepresenting identity; or violating law. We may monitor, remove, limit, or disable content or access at our discretion to protect Users and the platform.
5) Fees, Payments, Deposits & Taxes
Payment Processor. Payments are processed through PayPal, Inc. and/or its affiliates (the “Payment Processor”). By adding a payment method or receiving payouts, you agree to comply with the Payment Processor’s terms and privacy notice. Carsan does not control and is not responsible for the Payment Processor’s services.
Charges & Authorization. You authorize Carsan and the Payment Processor to charge your stored payment method(s) for trip charges, deposits/holds, extensions, extras, delivery, cleaning, refueling, tickets/tolls, damages, deductibles, fines, late fees, and any other amounts you owe under this Agreement. You authorize us to store tokens for future charges.
Deposits & Holds. We may require a deposit or place an authorization hold before or during a reservation. If post‑trip charges apply, we may capture any outstanding balance against the deposit/hold or your stored payment method.
Currency & Refunds. Charges are processed in the currency displayed at checkout. Refunds (when applicable) are returned to the original payment method, subject to Payment Processor timelines. Certain fees are non‑refundable as indicated at booking or in this Agreement.
Chargebacks & Negative Balances. If a charge is reversed, you remain responsible for the amount and associated fees. We may suspend your account until balances are resolved and may use collection services or report delinquency as permitted by law.
Taxes. You are responsible for applicable taxes unless Carsan is legally required to collect and remit (e.g., marketplace facilitator laws). Carsan may collect tax information and withhold amounts as required by law.
6) Content & Intellectual Property
Carsan Content. The Services, site design, and content are owned by or licensed to Carsan and protected by IP laws. We grant you a revocable, non‑exclusive, non‑transferable, limited license to access and use the Services for their intended purpose.
User Content. You may upload content (e.g., vehicle photos, reviews). You grant Carsan a worldwide, royalty‑free, transferable, sublicensable license to use, host, reproduce, modify, distribute, publicly display, and create derivative works from that content for operating, promoting, and improving the Services. You represent you have rights to all content you submit. We may remove content that violates this Agreement or law.
DMCA. If you believe content infringes copyrights, notify our designated agent with the information required by 17 U.S.C. §512(c).
7) Insurance, Protection & Risk Allocation
Marketplace Role. Carsan facilitates car‑sharing between Owners and Drivers. We do not guarantee any User, vehicle, or listing, and we are not responsible for third‑party acts or omissions.
Protection Plans. Where offered and permitted by law, Carsan may arrange or facilitate third‑party insurance and/or platform protection for covered trips. Coverage terms, limits, exclusions, deductibles, and claims processes are set by the applicable insurer and/or plan documents, which control in the event of a conflict with this Agreement. Coverage may vary by jurisdiction and vehicle eligibility. If coverage is declined, ineligible, voided, or exhausted, you remain responsible for losses as permitted by law.
Owner Requirements (Eligibility). To be eligible for platform protection, each listed vehicle must (i) be in safe, roadworthy condition with manufacturer‑recommended maintenance performed; (ii) have a clean, non‑salvage, non‑branded title; and (iii) comply with registration/inspection requirements. Vehicles with open safety recalls may not be listed until repaired.
Telematics & Monitoring. Where permitted by law, Carsan may install or enable telematics (including OBD‑II devices) to monitor location and certain driving events (e.g., hard braking). Owner‑installed third‑party trackers, cameras, or monitoring devices are not permitted unless expressly approved in writing by Carsan.
Infotainment Data. Drivers should delete personal data (e.g., contacts, navigation history, Bluetooth pairings) before return. Owners agree not to access residual Driver data and to delete any data inadvertently retained.
Incident Reporting. Users must promptly report collisions, damage, theft, or safety incidents to Carsan and, where required, to authorities, and must cooperate in investigations and claims handling.
8) Owner Terms (Additional)
Accurate Listings & Availability. List only vehicles you own or control with authority to share. Keep locations accurate and vehicles available at the start of each reservation. Do not list vehicles prohibited by liens, leases, or financing terms.
Maintenance & Recalls. Maintain vehicles in safe condition; address recalls before listing or re‑listing.
Earnings & Fees. Owner earnings typically range from 60%–80% of gross rental revenue (as defined in program materials) and may vary by vehicle class, market, promotions, or services used. Carsan may set trip fees in some locations. Certain charges (e.g., cleaning/smoking fees, delivery fees, tolls/tickets) are excluded from Owner earnings as specified in program materials.
Delivery & Parking (examples). Delivery may be offered for a fee shown at booking. Storage/parking fees may begin after the agreed service period if a vehicle remains on Carsan premises without authorization.
Light Maintenance Authorization. You authorize Carsan to perform basic checks/top‑offs (e.g., tire PSI, washer fluid) and, in urgent cases, minor repairs up to $300 per item to keep a vehicle safe and operable. Platform‑covered repairs must be performed at a Carsan‑selected or approved facility.
Photos & Marketing License. You grant Carsan a license to use vehicle images and listing materials to operate and promote the Services. You represent your photos accurately depict the vehicle and will update them if they no longer do.
Incidents, Damage & Claims. Inspect promptly after return and report damage within 7 days. Failure to timely report or cooperate may reduce or eliminate coverage/recourse.
Vehicle Removal & Towing. Upon request, remove your vehicle from Carsan premises. If you fail to do so, Carsan may tow at your expense.
9) Driver Terms (Additional)
License & Use. You must hold a valid, unrestricted driver’s license and use the vehicle only for your personal transportation. No commercial use (e.g., ride‑hailing, delivery) unless expressly permitted by Carsan in writing.
Prohibited Uses. No impaired driving; no off‑road use; no racing, testing, towing, or carrying passengers beyond seating capacity; no sub‑sharing; no operation outside permitted geographic limits; no illegal activity.
Fees & Examples. You are responsible for base trip price, optional protection, extras, delivery, refueling, cleaning, tickets/tolls, excess mileage, late returns, and other charges disclosed at booking or in this Agreement. Example late fees: (i) 1–29 min: no charge; (ii) 30–119 min: ½ average daily trip price (improper return fee may apply); (iii) ≥2 hours: one additional day at average daily price + late return fee (improper return fee may apply).
Condition & Inspection. Document pre‑existing damage with time‑stamped photos at start of trip. If the vehicle is unsafe, do not drive and contact support.
Theft & Non‑Return. Failure to return a vehicle on time may constitute a crime. We may locate, disable, and recover the vehicle and report to law enforcement where permitted by law. You may be charged administrative costs (e.g., $200 case administration fee) and recovery expenses.
10) Ownership; No Agency
This Agreement does not create employment, partnership, or agency between Carsan and any User. Users are not authorized to bind Carsan.
11) Disclaimers; Limitation of Liability; Indemnity
Disclaimers. The Services are provided “as is” without warranties of any kind. To the maximum extent allowed by law, Carsan disclaims implied warranties (merchantability, fitness, non‑infringement, quiet enjoyment) and does not warrant uninterrupted or error‑free operation, availability, or quality of vehicles, Users, or content.
Limitation of Liability. To the maximum extent allowed by law, Carsan and its affiliates, officers, directors, employees, and agents will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, goodwill, or data. Except for amounts payable under approved claims or required by law, our aggregate liability will not exceed the greater of (i) the amounts you paid in the 12 months preceding the event (if a Driver), (ii) the amounts you earned in the 12 months preceding the event (if an Owner), or (iii) $100.
Indemnity. To the extent permitted by law, you will defend, indemnify, and hold harmless Carsan and its affiliates from claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of your use of the Services, breach of this Agreement, user content, or interactions with other Users.
12) Dispute Resolution — Binding Arbitration; Class‑Action Waiver; Jury Waiver
Informal Process First. Contact support to try to resolve disputes before filing.
Arbitration Agreement. Except for claims that may be brought in small‑claims court or for injunctive relief regarding IP or platform abuse, you and Carsan agree to resolve all disputes through binding, individual arbitration under the Consumer Arbitration Rules of the American Arbitration Association (AAA), as modified by this Agreement. No class or representative proceedings. The arbitrator may not consolidate claims absent both parties’ written consent.
Procedure & Location. Filing, administration, and arbitrator fees are governed by AAA Rules. Hearings will occur in a reasonably convenient location or by video/phone, considering the parties’ circumstances. The arbitrator will issue a reasoned award.
Fees. If your non‑frivolous claim seeks ≤ $75,000 in damages, Carsan will reimburse AAA fees after you prevail or as required by law; otherwise fees follow AAA Rules. Each party bears its own attorneys’ fees unless the arbitrator awards otherwise where permitted by law. Carsan will not seek attorneys’ fees from you unless authorized by law and the claim was frivolous.
Opt‑Out. You may opt out of arbitration within 30 days of first accepting this Agreement by emailing support@carsan.com with your name, address, and the email used for your account, stating that you opt out of the arbitration agreement.
Severability & Survival. If any part of this Section is unenforceable, the remainder survives; any non‑arbitrable class/representative claims must proceed in court and be stayed pending individual arbitration.
13) Governing Law; Venue
Governing Law. This Agreement is governed by the laws of the State of Delaware, excluding conflict‑of‑law rules.
Venue. If arbitration is opted out of or unavailable, the exclusive venue for disputes will be the state or federal courts located in Dover, Kent County, Delaware, and the parties consent to personal jurisdiction there.
14) Termination
You may stop using the Services at any time. We may suspend or terminate access, remove listings, or take other actions at our discretion where we believe a User violates this Agreement or poses risk. Termination does not affect obligations incurred prior to termination, and Sections intended to survive (including IP, payments, disclaimers, limitations, indemnity, and disputes) will survive.
15) Miscellaneous
No Assignment. You may not assign or transfer rights or obligations without our prior written consent. Any unauthorized assignment is void.
Entire Agreement. This Agreement (including policies linked or incorporated by reference) is the entire agreement between you and Carsan and supersedes prior understandings.
Severability; Waiver. If any provision is unenforceable, the remainder remains in effect. No waiver is effective unless in writing and signed by Carsan.
Notices. Official notices to Carsan must be sent to: Carsan.com LLC, 312 W 2nd St, #3623, Casper, WY 82601, USA and to support@carsan.com with the subject line “Legal Notice.”
16) Program‑Specific Terms (Illustrative)
Example Delivery Fee. Delivery may be offered for a fee shown at booking (e.g., flat fee up to a distance cap; per‑mile beyond). Fees vary by market and are disclosed at checkout.
Garage/Access Items. If a vehicle is equipped with a required access device (e.g., garage pass), failure to return it may result in a replacement fee (e.g., $35).
Liquidated Damages for Fee Circumvention. Completing or attempting to complete a transaction off‑platform to avoid Carsan fees causes harm that is impracticable to quantify. You agree to pay $2,500 as liquidated damages (not a penalty) for such conduct.
Owner & Driver Quick Reference (Non‑exhaustive)
Owners: accurate listings; safe/maintained vehicles; recall compliance; no unapproved trackers/cameras; cooperate on claims; eligibility conditions for protection; earnings share per program; minor repairs authorization up to $300 per item.
Drivers: valid license; personal use only (unless approved); obey laws; no impairment; refuel/return as required; pay disclosed fees and post‑trip charges; document pre‑existing damage; cooperate on incidents; late return fees may apply.