KINTO Terms of Service

Effective April 21, 2025
Last Revised: April 15, 2025

Below are terms of use (the “Terms”) governing the Services provided by KINTO™,  a trademark of Toyota Motor Credit Corporation (“KINTO” or “Kinto”, “Us”, “We”, “Our”, or “Company”), to its drivers, couriers,  any transportation companies, and any other person that use vehicles on the KINTO service under license (collectively “Drivers,” or individually “You”).  Your access to and use of the vehicles and Services (collectively, “Services”) on KINTO constitutes Your agreement to be bound by these Terms as a Driver.  This establishes a contractual relationship between Us and You as a Driver.  As a Driver, You are considered a client and not an employee, contractor, sub-contractor, or special employee of the vehicle owner or of KINTO.  Furthermore, You acknowledge and agree that You have no employment relationship of any kind with the vehicle owner or its affiliates, partners, agents or vendors, nor that of KINTO, or any of KINTO’s affiliates, partners, agents or vendors.  If You do not agree to these Terms, You may not access or use the Services, as updated from time to time, in accordance with the Amendments section below.

Any information submitted on or collected through the Services is subject to Our Privacy Policy, the terms of which are incorporated into these Terms of Service.

Services. 

The Services constitute use of our or our affiliates’, partners’, or licensors’ vehicles, as well as the following “Applications”: accessories, telematics, safety, security or other technology platforms, and web or mobile applications which enable users to arrange, schedule and rent transportation and/or logistics services, gain access to vehicles, and operate the Vehicles.

Reservations. 

Drivers may reserve the Services via KINTO’s reservation system.  Reservations will be made on an as-available, first-come basis, and We do not guarantee the availability of the Services at any time.  The length of each term of use of the Services will be agreed to on a per-drive basis via our reservation system.  We reserve the right to change or cancel the Services at any time with or without notice.  Reservations may be made no earlier than seven days in advance.  We may set time limits on a continuous reservation of our Service, regardless of vehicle availability in the reservation system.

License. 

Subject to Your compliance with these Terms, We grant You a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to: (i) access and use vehicles; (ii) access and use the Applications on Your personal device solely in connection with Your use of the Services; and (iii) access and use any content, information and related materials that may be made available to You through the Services by Us, in each case solely for Your use in conjunction with ride sharing, ride hailing, delivery, personal use, or any other service approved by Us.  Any rights not expressly granted herein are reserved by Us or our affiliates, partners, or licensors.  This license is restricted to the state in which the vehicles are stationed.

Authorized Drivers. 

Only You may drive Your vehicle during Your reservation.

Ownership. 

The Services, underlying assets, and all rights therein are and shall remain Company property or the property of our licensors.  Neither these Terms nor Your use of the Services convey or grant to You any rights: (i) in or related to the Services except for the limited license granted above; or (ii) to use or reference in any manner our names, logos, product and service names, trademarks or services marks or those of our licensors.

User Accounts. 

To use most aspects of the Services, You must be registered for and maintain an active personal user account (“Account”).  You must be at least 25 years of age to obtain an Account.  Account registration may require You to submit to Us or to our administrative partners certain personal information, such as Your name, address, mobile phone number, date of birth, and copy of Your valid driver license, as well as at least one valid payment method (such as a valid credit card).  You agree to maintain accurate, complete, and up-to-date information in Your Account.  Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, may result in Your inability to access and use the Services or our termination of this Agreement with You.  You are responsible for all activity that occurs under Your Account, and You agree to maintain the security and secrecy of Your Account username and password at all times.  Unless otherwise permitted by Us in writing, You may only possess one Account.

Billing & Payment. 

When You make a reservation in our reservation system, KINTO or its administrative partner will authorize Your payment card by charging the full rental amount plus taxes at time of reservation.  KINTO accepts payment via credit or debit card. Prepaid cards are not accepted.  The name on the credit and debit card must match Your driver’s license and name on the KINTO account.  You will receive an invoice and confirmation of Your payment electronically via the KINTO mobile app.

You are responsible for ensuring Your ability to pay the actual amount due.  A reservation that is made and never activated will be billed for the full reservation unless the Driver cancels it.

Application fees are non-refundable in all cases, regardless of the outcome of an applicant’s background check.

Pricing Structure. 

Pricing for access to KINTO’s Services includes the costs of maintenance, roadside assistance, and vehicle insurance, see the Insurance section below.  For plan details, please see the KINTO website at kinto-us.com or our offer to You.  We reserve the right to amend rates, rate structures, terms and credits at any time.

Driving and Criminal Record Requirements. 

We obtain a Motor Vehicle Report (MVR) and perform a criminal background check for every applicant.  To qualify for the Service, each applicant must have a motor vehicle history that meets the following specifications:

• Drivers must be at least 25 years old
• Drivers must be able to legally drive in the state of use with an active in-state license
• No more than two moving violations in the past three years (e.g., accidents, traffic light violations)
• No more than two cell phone or distracted driving violations in past three years
• No more than one moving violation and one accident in the past three years
• No more than two accidents in the past three years
• No major moving violations in the past three years (e.g., driving on a suspended license, reckless driving)
• No DUI or other drug-related driving violations in the past seven years
• No more than three total violations in the past three years
• No criminal record

We reserve the right to conduct a review of all Drivers’ records on an ongoing basis to ensure compliance with the above rules.  We reserve the right to revoke a Driver’s driving privileges at any time for any reason not limited to those listed above.

Electric Vehicle Program Requirements

Drivers must meet the following requirements to gain access to the electric vehicle fleet in the KINTO app:

• Maintain a minimum driver rating of 4.85 and have completed at least 150 trips with Uber
• No current suspensions with KINTO
• Complete mandatory overview session via eLearning

On-Demand Authorization. 

When using the vehicle for rideshare, driver must be authorized to provide services on an approved ridesharing, ride-hailing, or delivery service.  Approved on-demand services include Amazon Flex, Caviar, DoorDash, HopSkipDrive, Instacart, Postmates, Seamless, Uber/UberEats, and Via.  You must first receive written approval from us before operating on a service other than those listed in this paragraph.

Driver’s License. 

You must carry a valid driver’s license during every trip when using a vehicle on the KINTO service or using other Company assets.  Driving eligibility is conditional on Your possession of a valid driver’s license.  If Your license is suspended, withdrawn, or expired, for any reason, Your right to drive a vehicle expires immediately.  You must immediately inform us of any suspension, withdrawal, or expiration of Your driver’s license.  Drivers must report any changes in contact information (e.g., addresses or phone numbers) to us immediately.

Insurance and Damage Liability. 

We provide liability insurance, which covers damages up to $30,000 in bodily injury per person, $60,000 bodily injury each accident, and $25,000 property damage each accident in the event of an at-fault accident.  This insurance does not cover the cost of Your own medical expenses in the event of an accident.  To ensure You are covered in the event of this situation, please consult Your personal medical policy and/or personal auto insurance policy.

We expect You to drive and treat the vehicles with the utmost care.  We reserve the right to suspend Your driving privileges and access to the vehicles if We determine, in our sole discretion, that You are not taking appropriate care when driving vehicles on the KINTO service or using other Company assets.

In instances where You are operating the vehicle (i) illegally (suspended license, under the influence, etc.), (ii) in a manner not allowed by these Terms of Service, (iii) with deliberate intent on damaging the vehicle, or (iv) negligently, You will bear the full cost of damage to vehicles on the KINTO service as well as any damage to third parties not covered by the vehicle’s insurance policy.

If You are involved in an incident resulting in damage to the vehicle, third parties or third-party property, a damage fee of up to $1,000 may apply.  A damage fee may apply, but is not limited to, dents, scratches, collisions, flat tires, windshield cracks, dead batteries, engine problems, vandalism, theft, hit and run, other Company or partner property, third party damages and, in some cases, third party personal injuries.  In the event of a collision or other incident where additional investigation is required, We will charge the Driver $1,000 at the start of the investigation process.  At that time, the Driver’s account will be temporarily disabled pending investigation.  Once the investigation is complete, the Driver will be reinstated at our sole discretion.  If the cost of repair is less than $1,000, the Driver will be refunded any remaining balance from the damage fee.

In cases of theft or loss, a Driver may be held responsible for the entire cost of recovery or replacement.  Drivers are not responsible for normal wear and tear on the vehicle.

Before each reservation, We ask You to check the car inside and out and report any damage to us.  This ensures that You will not be held responsible for damage that may have happened before Your reservation.  See the “Checking Your Car Before Departure” section below.

Restrictions. 

• Smoking is prohibited in all vehicles.
• Due to allergies and sanitary concerns, pets (with the exception of service animals), are only allowed in locked pet carriers while in the vehicles.
• Vehicles on the KINTO Service may not be used:
  • by anyone other than You, a valid Driver; unauthorized drivers are prohibited;
  • for purposes other than personal transportation or on-demand work with approved ride sharing, ride hailing, delivery or other partner transportation companies;
  • for any illegal purpose or in any illegal manner;
  • for the purpose of towing, pushing, or propelling any trailer or any other vehicle;
  • while the Driver is under the influence of any intoxicating substance;
  • in any race, test, or competition;
  • in a careless, reckless or negligent manner;
  • if it has been obtained from us by fraud or misrepresentation;
  • other than on paved roads;
  • when it has been loaded beyond its rated capacity or with more passengers than the vehicle has seat belts;
  • unless a reservation has been made; or
  • for travel outside of the United States; such use of KINTO vehicles is strictly prohibited.

Checking Your Car Before Departure. 

Before using a KINTO vehicle, You are required to check the vehicle for any mechanical or physical defects.  If You notice damage, You must report it by emailing us at support@kinto-us.com before the start of Your reservation.  When reporting damage to us, please be sure to note the assigned vehicle number.  If You forget to notify us and the next driver reports the damage, We may hold You financially responsible for the damage.  You must also check to make sure that the following items are present in the vehicle and inform us if any of them are missing:

• Insurance card and registration
• Garage Pass (if applicable)
• Charging cable (electric vehicles only)

You may not drive if the insurance or registration are missing!  (Please note: if a vehicle is newly acquired, its registration may be affixed to the windshield.)

Car Care. 

Our operations partners regularly clean and maintain all of our vehicles. Drivers are expected to return a vehicle in the same condition as when the vehicle is picked-up at the beginning of the reservation.

Here are the main categories for which drivers are responsible:

• Fuel: Drivers are responsible for fueling the car while in use and returning the vehicle at the level You started with. We will make every effort to ensure the vehicle is at full fuel at the start of every reservation, however if the vehicle is not at full fuel level at the start of Your reservation, please contact customer support.  Any fraudulent credit request will be grounds for dismissal from our Services and be grounds for us to take legal action against the fraudulent party.
• Electric Vehicle Charge: Drivers are responsible for charging the car while in use and returning the vehicle at the same level it was at time of pick-up.  We will make every effort to ensure the vehicle has a range of at least 150 miles or 80% charge at the start of every reservation, however if the vehicle is below the 150 miles range or 80% charge at the start of Your reservation, it is the Driver’s responsibility to report it to customer support.  Any fraudulent claims will be grounds for dismissal from our Services and legal action against the fraudulent party.
• Cleanliness: Drivers must maintain a clean vehicle during use and return the vehicle as clean as when the vehicle is picked-up at the beginning of the reservation.
• Vehicle Electronic Components and Hardware: Drivers are responsible for Fees and Penalties with regard to any missing or damaged electronic vehicle components or hardware installed by us or on our behalf, including, but not limited to, telematics units.  If no Fee or Penalty is prescribed herein, the Driver shall be responsible for the replacement cost of the missing or damaged component(s).

Returning the vehicle. 

You must properly return Your vehicle to its assigned location by the end of Your reservation period or late fees will be assessed and Your account will be suspended.  “Properly return” means that:

• The interior of the vehicle, including the rear where Your passengers have been, is clean and You have taken all Your personal belongings.
• Please ensure that the gasoline tank is full, or EV charge range is at least 150 miles or 80% charge. If a Driver does not return a vehicle with at least half a tank of fuel or 150-mile EV charge range or 80% charge, a fee will apply.
• Electric vehicles will come with a level one charging cable. If the cable is lost or damaged (other than through regular wear and tear), the Driver will be charged a fee.
• You have notified KINTO staff of any new damage to the vehicle.
• The vehicle’s windows are rolled up completely and tightly, all the vehicle’s documentation is in the glove box, the vehicle is entirely contained within its reserved parking spot and properly locked. If a vehicle or other Company or partner property are not properly secured, a fee will apply.
• The vehicle’s reservation is terminated via the Driver’s mobile application and all required steps must be completed. If the vehicle is not returned by the end of Your reservation and We have not received communication from You sufficiently explaining the situation, We will consider the vehicle stolen and may take action to recover the vehicle and any balance due, subject to applicable state law.

It is your responsibility to ensure the safe return of the vehicle.  You are not allowed to return the vehicle to a location other than its assigned location.  If You fail to return the vehicle by Your drop-off time as stated in Your reservation, and You have not contacted us, You agree that We may call or text Your listed phone number.  If You fail to return the vehicle to its assigned location, You may be charged for the total costs of recovering the vehicle, including but not limited to labor and towing costs.  If You cannot be contacted, the vehicle may be reported to the police as missing, You will be charged all associated fees, and criminal charges could be sought.

No refunds will be issued for returning the vehicle early.

Emergencies. 

KINTO offers 24-hour emergency assistance for situations requiring immediate attention.  Please text us immediately at (629)-20-KINTO in the following situations:

• You show up for Your reservation and the vehicle is not in its assigned location.
• The vehicle won’t start.
• You are unable to park the vehicle in the correct location.
• You are running late and unable to extend Your reservation because another driver has reserved the vehicle after You.
• The vehicle is displaying a warning light or has a mechanical issue.
• You need roadside assistance due to a mechanical issue, flat tires, or a dead battery.

Emergency Roadside Assistance.  Emergency roadside assistance is included in the rental rate of a KINTO vehicle.  It covers required services for mechanical problems of the vehicle, spare tire mounting or towing due to normal wear and tear, dead battery, or vehicle problems resulting from an accident or collision.

Traffic and Parking Tickets. 

If You get a traffic or parking ticket or toll violation while using a KINTO vehicle, it is Your responsibility to notify us and pay it promptly.  If We or our administrative partner receives a citation incurred during Your driver session, We will charge You to recover the amount and assess a non-refundable Citation processing fee.

Towing and Impoundment. 

If a vehicle is towed during Your driver session, contact KINTO immediately.  You will be assessed any actual costs associated with returning the vehicle to its lot.

Maintenance and Emergency Repairs. 

Drivers are required to heed any warning lights on the dashboard of the vehicle and contact KINTO immediately.  Failure to acknowledge warning lights or noises from the vehicle may result in fees for negligence.  24-hour emergency roadside assistance is available for emergencies.

KINTO is responsible for performing vehicle maintenance as outlined by the vehicle manufacturer and completing repairs as needed.

Breakdowns, Accidents, and Damage. 

Any accident or damage in connection with the vehicle You are using must be immediately reported to KINTO and, if appropriate, to the police.  You are obliged to secure evidence from any available witnesses, and to provide us with a written description of the accident and the damage incurred.  After an accident, You may only continue Your trip with the explicit permission of KINTO staff.  In case of a hit and run, You must obtain a police report.  You agree to provide us and any other claims adjustment service with the findings of any report or any notice relating to a claim or a lawsuit against us or any of our partners regarding any accident involving a vehicle used in the KINTO Service.  You agree to cooperate fully with us in the investigation and defense of any such claim or lawsuit.  If for some reason the vehicle owner’s insurance policy does not apply (for example only, because You have driven while intoxicated) You may be liable for the entire cost of vehicle repair or replacement and claims made by third parties.  You may be held responsible for any damage occurring to the vehicle or claims made against the Service’s parties for damages resulting from Your use of the vehicle.  You are responsible for any damage caused to any of KINTO’s in-vehicle systems or hardware resulting from use or tampering.

Fees and Penalties. 

Fees will be assessed to Your account for the following reasons:

Damage fee

Up to $1,000 (see Insurance and Damage Liability)

Vehicle returned with less than full tank of fuel but greater than 50% –  $75

Vehicle returned with less than 50% tank of fuel –  $120

Electric vehicle returned with less than 150 miles of range but greater than 100 miles of range, or with a charge level below 80% but above 50% –  $75

Electric vehicle returned with less than 100 miles of range or below 50% charge –  $120

Electric vehicle charging settings reset. Market price for cost of professional reset

Vehicle late return –  Rental rate plus additional $10/hour for any portion of an hour up to 4 hours, with a max late return fee of $40

Cancellation later than 24 hours before reservation start – Full refund of reservation

No-show: Full reservation amount

Failure to properly secure the vehicle – $50

Level 1 Cleaning: $25 – The driver made normal use of the car, but returned it visibly less clean in the interior and/or exterior than at the start.  The driver left trash in the vehicle.  Cleaning the mess won’t require a lot of time or any specific product/equipment.  For example: the car can be cleaned by drive-thru car wash, trash thrown out, and/or the interior mats can be shaken out by hand.

Level 2 Cleaning: $75 – The driver returned the car significantly dirtier in the interior and/or exterior than it was at the start.  Cleaning the mess will require a considerable amount of time and/or specific products/equipment.  For example: the car’s exterior is muddy and/or there is dirt in hard-to-reach crevices.

Level 3 Cleaning: $125 – The driver used the car inappropriately and made no effort to clean it.  Cleaning the mess will require significant time and/or effort, pet hair removal, as well as special equipment or a professional service.  For example: the seats are stained and/or there is deeply embedded dirt, etc.

Smoking/Odor: $250 – There are visual traces of smoking (ex: ashes or cigarette butts) and/or there is a strong odor in the car’s interior. Cleaning requires cabin and air filters replaced and special products used to remove odor.  For example: smoke, body, and/or undetermined odor in vehicle interior.

Professional detailing required (such as, but not limited to, smoke odor or stained interior) – Market price for cost of professional detailing

Unauthorized driver – Revocation of insurance coverage, customer assumes full liability, and all damages incurred + suspension from Service

Vehicle abandoned, towed or returned to the wrong location – $250 for tows within the state of the vehicle’s garaging location or $250 + full cost of tow for tows outside the state of the vehicle’s garaging location

Missing or damaged telematics unit – $550

Missing or damaged level one charging cable (electric vehicles only) – $850

Missing or damaged items (toll tag, license plate holder, parking pass) – $50

Vehicle impounded – $500 + cost of recovery

Over mileage limit

$0.25 for each mile over 1,400 mile per week limit for non-electric vehicles

$0.25 for each mile over 1,750 mile per week limit for electric vehicles

We reserve the right to terminate the license granted hereunder and Your ability to use the Services at any time for any of the above violations, for any other violation of these Terms, or for any other reason, whether outlined in these Terms, in our sole and absolute discretion.  We may also at any time without notice temporarily suspend an individual Driver’s permission to drive any or all vehicles available on the KINTO Service.

In addition to the fees and penalties above, We reserve the right to repossess a vehicle at any time, without notice, if we determine that it was used in violation of applicable law or these Terms, subject to state law restrictions.

Late Policy

Returning a vehicle late or blocking a vehicle that You are not using impacts Your fellow members’ access to KINTO.  To limit the impact of late returns, You should:

• Attempt to extend Your reservation to if You expect to be late.
• Contact us to communicate a late return.

If You return the vehicle late up to fifty-nine (59) minutes late You will not have an additional fee.  If You are sixty (60) minutes late You will be charged $10 for first hour of being late.  You will be charged $10 for each additional hour late with a maximum charge of $40.  If You are over four (4) hours late and You have not contacted us to work through a resolution, You will be permanently suspended from the Service.

Cleaning Policy. 

At the time of pick-up, if the vehicle’s interior or exterior is dirty and/or has an odor, report the issue to the customer support team.  Before returning the vehicle, ensure the vehicle is clean and in the same condition it was in at time of pick-up.  Please check the entire vehicle, including the back seat, and remove trash and debris from the vehicle.  Leaving trash in the KINTO parking lot is prohibited.  If You anticipate a problem with cleaning the vehicle, please contact KINTO ahead of time.  You will be charged a cleaning Fee or a detailing Fee if You return the vehicle in violation of this policy as detailed in the Fees and Penalties section of this Agreement.
If there are cleaning emergencies that make the vehicle unusable, please contact KINTO immediately and We can help You handle the situation.  If significant cleaning by a professional is required, You may be assessed a cleaning or detailing fee.  In cases that involve the actions of a rideshare passenger, You may qualify for reimbursement from Your on-demand service provider.

Smoking in a vehicle is strictly prohibited.  You are responsible to ensure that no one smokes in the vehicle while it is in Your possession.  If You return a vehicle that smells like smoke, You will be assessed a fee.  Smoking could result in termination of the license granted hereunder and Your loss of access to our Services.

Liens and Impoundment. 

If the vehicle is towed and/or impounded during Your reservation, You are responsible for recovering the vehicle and You agree to pay any costs arising from the vehicle being towed and impounded, as well as any late return or other fees that are incurred.  If KINTO is involved in recovering a towed or impounded vehicle, We will assess a fee in addition to any costs associated with vehicle recovery.

Automatic Suspension.
Your permission to drive on the KINTO service will be automatically suspended, in our sole and absolute discretion, if:

• You are charged with driving recklessly or without due care or any related vehicular offense, including (but not limited to): operating a motor vehicle while impaired, operating a motor vehicle dangerously, or failure to stop at the scene of an accident;
• You fail to return a KINTO vehicle four or more hours after the scheduled end of Your reservation;
• You return a KINTO vehicle one or more hours late three times in any ninety-day period;
• an unauthorized driver is using the vehicle;
• We reasonably believe You have committed fraud or identity theft;
• You use a KINTO vehicle in the carrying out of any crime or for any other illegal activity or purpose; or
• We are unable to collect payment for any reason.

Termination by User.

You may terminate this Agreement at any time by notifying Us via email at support@kinto-us.com that You are terminating Your Services account.  In such notice, You may also request that We delete from our servers all of the Credentials Information.  Such requests will be honored within a reasonable time period after receipt of the request and  all reasonably necessary is provided.  Data (except Your Credential Information) collected prior to the effectiveness of the termination will continue to be stored in our backup systems and may be used in accordance with our privacy policy and consistent with applicable laws.

Location-Based Data Services.

You consent to our use of location-based services (including without limitation GPS systems) in connection with your use of Vehicle Services—both with respect to the vehicle and your devices—and expressly waive and release us from any and all liability, claims, causes of action or damages in any way relating to our lawful use of the precise location and other location-based services.  You understand and agree that we may use location-based services, to the extent permitted by applicable law, to track, locate, or disable a vehicle used in connection with the Vehicle Services.

Security

We will make any legally required disclosures in the event of any compromise of personal information.  To the extent the law allows us to provide such notification via e-mail or conspicuous posting on the Services, You agree to accept notice in that form.

Indemnification and Hold Harmless. 

You agree to indemnify and hold us and our parent and affiliates and their respective directors, officers, employees, agents, successors and assigns, harmless from all losses, liabilities, and expenses whatsoever (including without limitation reasonable attorneys’ fees) incurred by us arising out of or relating to the vehicle, the Services, or Your use of the vehicle during Your reservation, including claims of or liabilities to third parties.

Limitation of Liability. 

IN NO EVENT WILL THE COMPANY BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS) ARISING FROM OR RELATED TO THESE TERMS, THE SERVICES, OR YOUR USE OF ANY VEHICLE.

Personal Property. 

We are not responsible for any loss or damage to any personal property in or around any vehicle or the premises where KINTO operates.

Disclaimer of Warranties. 

Except as prohibited under applicable law, We HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

Choice of Law. 

Except for the Arbitration Agreement below, to the extent permitted by applicable state law, these Terms shall be governed by and construed under the laws of the State in which the vehicle was located when the reservation began, without reference to its conflicts of laws’ provisions.

Costs of Collection. 

If You do not timely make any payment owed to us, You agree to pay for our reasonable costs incurred in seeking to collect such payments, including, without limitation, court costs and reasonable attorneys’ fees.

Amendments. 

We may amend these Terms at any time.  We will give notice of any such amendment, and You will have an opportunity to cease using the Services if You do not agree to the amended Terms.  Your continued use of the Services constitutes Your acceptance of these Terms.  The prevailing version of these Terms will be found at kinto-us.com/terms-of-service.

No Waiver. 

Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision in that or any other instance.

Severability. 

Except as otherwise provided in the Arbitration Agreement, if any single part of these Terms is found to be invalid, illegal, or unenforceable, it shall not affect the validity of the rest of the Terms.

ARBITRATION AGREEMENT AND TERMS.

Arbitration

In the event of a dispute between You and us arising out of or relating to this Agreement or the Services, our dealings with one another, or any other dispute between You or us (“Claim”), either You or We may choose to resolve the Claim by binding arbitration, rather than in court.  Any Claim (except for a Claim challenging the validity or enforceability of this Arbitration Agreement, including the Class Action Waiver) may be resolved by binding arbitration if either party requests it.  THIS MEANS IF EITHER YOU OR WE CHOOSE ARBITRATION, NEITHER PARTY WILL HAVE THE RIGHT TO LITIGATE SUCH CLAIM IN COURT OR TO HAVE A JURY TRIAL.  IN ARBITRATION, DISCOVERY AND APPEAL RIGHTS ARE LIMITED.

Even if all parties have opted to litigate a Claim in court, You or We may elect arbitration with respect to any Claim made by a new party or any new Claims later asserted in that lawsuit.  This Arbitration Agreement does not apply if, on the date You enter into this Agreement, or on the date We seek to invoke this Arbitration Agreement, You are a member of the Armed Forces or a dependent of such a member covered by the federal Military Lending Act.

Class Action Waiver. 

ARBITRATION MUST BE ON AN INDIVIDUAL BASIS.  THIS MEANS NEITHER YOU NOR WE MAY JOIN OR CONSOLIDATE CLAIMS IN ARBITRATION, OR LITIGATE IN COURT, OR ARBITRATE ANY CLAIMS AS A REPRESENTATIVE OR MEMBER OF A CLASS, OR IN A PRIVATE ATTORNEY GENERAL CAPACITY.

The arbitrator may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual Claim.  The arbitrator may not award class, representative, or public injunctive relief.  If a court decides that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular Claim for relief, then after all appeals from that decision have been exhausted, that Claim (and only that Claim) must be severed from the arbitration and may be brought in court.  In such a case, the court shall stay the Claim for public injunctive relief until the arbitration pertaining to individual relief has been entered in court.  Only a court, and not an arbitrator, shall determine the validity, scope, and effect of the Class Action Waiver.

Small Claims Court.

You and We may not choose to arbitrate any individual Claim You or We bring in small claims court (or an equivalent court).  This means You or We may bring an action in small claims court (or an equivalent court) without being subject to arbitration.  However, if a Claim is transferred, removed, or appealed from small claims court to a different court, or if any Claim brought in small claims court exceeds the small claims court limit, You or We may then choose to arbitrate.

Governing Law and Rules of Arbitration. 

This Arbitration Agreement is governed by the Federal Arbitration Act, 9 U.S.C. §§ 1-16 (“FAA”), and not by state law.  Arbitrations shall be administered by the American Arbitration Association (“AAA”) pursuant to the applicable AAA rules in effect at the time the arbitration is initiated.  You may obtain information about arbitration, arbitration procedures, and fees from AAA by calling 800-778-7879 or visiting www.adr.org.  If AAA is unable or unwilling to arbitrate a dispute, then the dispute may be referred to any other arbitration organization or arbitrator the parties both agree upon in writing.  If AAA declines to administer an arbitration and the parties cannot agree on an alternative arbitration provider, either party may ask a court with jurisdiction to appoint an arbitration provider pursuant to Section 5 of the FAA.  The rules for the arbitration will be those in this Arbitration Agreement and the AAA rules.  In the event of a conflict between this Arbitration Agreement and the AAA rules, this Arbitration Agreement shall govern.

Fees and Costs of Arbitration. 

If You cannot afford to pay Your share of the AAA’s or arbitrator’s costs and cannot obtain a waiver of those costs, We will advance those costs if You ask us in writing and are acting in good faith.  Any such request must be sent to us at Toyota Financial Services, KINTO, PO BOX 660920, Dallas, TX 75222-0920.  If You lose the arbitration, the arbitrator will decide whether You must reimburse us for money We advanced for You for the arbitration.  If You win the arbitration, We will not ask You to reimburse us for the money We advanced.  Additionally, if You win the arbitration, the arbitrator may decide that You are entitled to be reimbursed Your reasonable attorneys’ fees and costs You actually paid.  The arbitrator may also allocate compensation, expenses, and administrative fees (including filing and hearing fees) to any party upon the arbitrator’s determination that the party’s claim or counterclaim was frivolous.

Arbitration Hearings and Decisions. 

Arbitration hearings will take place in the county where the vehicle was located when the reservation began.  A single arbitrator will be appointed.  The arbitrator must follow all applicable substantive law, except when contradicted by the FAA; follow applicable statutes of limitations; honor valid claims of privilege; and issue a written decision including the reasons for the award.  The arbitrator’s decision will be final and binding except for any review allowed by the FAA.  Any arbitration award may be enforced in any court with jurisdiction.  Any finding, award, or judgment from an arbitration of any Claim shall apply only to that arbitration.  No finding, award, or judgment from any other arbitration shall impact the arbitration of any Claim.

Arbitration Claim Notice and Special Payment. 

If You have a Claim, before initiating an arbitration proceeding, You must give us written notice of the Claim (“Claim Notice”) at least 30 days before initiating the arbitration proceeding.  The Claim Notice must include Your name, address, and account number, and explain in reasonable detail specific to Your Claim the nature of the Claim and any supporting facts.  The Claim Notice must be signed by You and Your attorney, if You have one.  Any Claim Notice must be sent to us at Toyota Financial Services, KINTO, PO BOX 660920, Dallas, TX 75222-0920 (or such other address as We later provide to You).  If, and only if, (1) You submit a Claim Notice as required by this Arbitration Agreement on Your own behalf (and not on behalf of any other party); and (2) an arbitrator, after finding in Your favor on the merits of Your Claim, issues You an award that (excluding any arbitration fees or attorneys’ fees and costs awarded by the arbitrator) is greater than the value of our last written settlement offer made before an arbitrator was selected, then You will be entitled to the amount of the award or $7,500, whichever is greater.  If You are entitled to the $7,500, You also will receive any arbitration fees or attorneys’ fees and costs awarded by the arbitrator.

Third-Party Claimants and/or Beneficiaries.

In addition to You and us, the rights and duties described in this Arbitration Agreement extend to any other parties involved in any Claims, including but not limited to our officers, directors, employees, affiliated companies, vendors, and third-party claimants.

Survival of Arbitration Provisions. 

This Arbitration Agreement shall survive the termination of this Agreement, Your fulfillment or default of Your obligations under this Agreement, any assignment of this Agreement or Your account, and/or Your or our bankruptcy or insolvency (to the extent permitted by applicable law).

Right to Reject Arbitration. 

If You do not wish to be bound by this agreement to arbitrate, You must notify us in writing within thirty (30) days after You notify Us in writing within thirty (30) days after the date You initially use the Services.  You must send Your request to Toyota Financial Services, KINTO, PO BOX 660920, Dallas, TX 75222-0920.  The request must include Your full name, address, phone number, account number, signature, and the statement “I reject the Arbitration Agreement contained in my Kinto Terms of Service .”  No one else may sign the request for You.  Your request must not be sent with any other correspondence.  If You exercise the right to reject arbitration, the other terms of this Agreement shall remain in full force and effect as if You had not rejected arbitration.  Rejection of arbitration for this Agreement will not constitute rejection of any prior or future arbitration agreement between You and us.