Terms of Service

1. Acceptance of Terms

Welcome to GigWheels Private Rental Car Agency ("GigWheels," "we," "us," "our"). By accessing or using our website gogigwheels.com, submitting an application, or communicating with us through any form on this site, you agree to be bound by these Terms of Service ("Terms") and our Privacy Policy. If you do not agree, do not use this website.

2. Eligibility

To use this website and apply for a rental, you must:

• Be at least 18 years old to browse the site
• Be at least 25 years old to rent any vehicle (Economy, SUV/Midsize, or Cargo Van)
• Hold a valid, unexpired U.S. driver's license
• Have insurance or be willing to purchase our insurance add-on
• Pass a background check and motor vehicle record review
• Not currently be prohibited from receiving our services under applicable law

3. Description of Services

GigWheels operates as a Georgia-based rental car company through three brands:

• GigWheels — weekly vehicle rentals for gig workers (Uber, Lyft, DoorDash, Instacart, Amazon Flex, Grubhub, Shipt, Uber Eats, etc.)
• Daily Rentals — short-term rentals for personal use
• Drive Elite — luxury and exotic vehicle rentals

All rentals must remain within the State of Georgia at all times. Removing a vehicle from Georgia without prior written consent is a material breach and may result in immediate termination, deposit forfeiture, and vehicle recovery.

4. Applications & Accounts

You may submit an application through the forms on our website. Submission of an application does not guarantee approval. All applications are subject to:

• Identity and license verification
• Background check and motor vehicle record review (see our Privacy Policy §11)
• Vehicle availability
• Our sole discretion in approving or denying applications

We reserve the right to decline any application for any lawful reason. If we deny an application based on information in a background check, we will provide you with an adverse action notice as required by the Fair Credit Reporting Act.

5. Accuracy of Information

You represent and warrant that all information you submit through this website is true, accurate, complete, and current. This includes but is not limited to:

• Your legal name, date of birth, and address
• Your driver's license number, state, and expiration
• Your self-reported accident history for the past 3 years
• Your prior removal or deactivation history on any gig platform
• Your currently approved gig-work platforms

Providing false or misleading information on an application is grounds for immediate denial, termination of any existing rental, forfeiture of deposits, and recovery of any losses through legal action. Material misrepresentation may also constitute fraud under Georgia law.

6. Pricing & Availability

Rental rates, add-ons, deposits, and vehicle availability shown on the website are estimates and subject to change without notice. Final pricing is set in your signed rental agreement. We are not obligated to honor a price shown on the site if it contains an obvious error, typographical mistake, or is out of date.

The Cost Calculator tool provides an estimate only. Actual costs may vary based on:

• Vehicle availability at time of pickup
• Rental duration and any early-return or extension fees
• Actual mileage driven and any mileage overages
• Fuel level at return
• Damage, cleaning, or citation fees
• Toll and parking violations incurred during the rental
• Applicable taxes and Georgia state rental fees

Refunds, cancellations, and deposit returns are governed by our Refund & Cancellation Policy. See that policy for full details on the 24-hour cancellation window, early-return credits, security-deposit refund timing, and how to request a refund.

7. Communications & SMS

By providing your phone number on any form, you consent to receive transactional communications from GigWheels (application updates, rental confirmations, pickup reminders, return notices, roadside dispatch, incident notifications) via voice call, SMS text message, or automated dialer.

You may also opt in to marketing communications. You can opt out of marketing at any time by replying STOP to any SMS message or clicking "unsubscribe" in any marketing email. Standard message and data rates may apply. Transactional messages will continue as long as you have an active rental or open application.

We use GoHighLevel (LeadConnector) and other third-party providers to send communications on our behalf. See our Privacy Policy for details.

8. Acceptable Use of the Website

You agree not to:

• Submit false, fraudulent, or misleading information
• Submit applications on behalf of another person without authorization
• Use automated tools (scrapers, bots, crawlers) to access the site, other than search-engine crawlers respecting robots.txt
• Attempt to access non-public portions of our systems
• Attempt to interfere with, disable, or circumvent any security or authentication feature
• Use the website to send spam, malware, or unsolicited communications
• Reverse-engineer, copy, or create derivative works of our website content
• Impersonate GigWheels or any GigWheels employee
• Use the website in any way that violates applicable federal, state, or local law

9. Intellectual Property

All content on this website — including text, graphics, logos, images, page layouts, the "GigWheels," "Drive Elite," and "Daily Rentals" brand marks, our cost calculator, and our applicant scoring rubric — is the property of GigWheels or our licensors and is protected by U.S. and international copyright, trademark, and other intellectual property laws.

You may view and print pages for your personal, non-commercial use. Any other use — including reproduction, republication, distribution, or creation of derivative works — requires our prior written consent.

10. Third-Party Services & Links

Our website may contain links to third-party sites (Netlify, Google Fonts, GoHighLevel, background check vendors, e-signature providers, payment processors, etc.). We do not control these third parties and are not responsible for their content, terms, or privacy practices. Your use of any third-party service is governed by the terms of that service.

11. Disclaimer of Warranties

We do not warrant that the website will be uninterrupted, error-free, secure, or free from viruses or harmful components. We do not warrant the accuracy, completeness, or timeliness of any information on the site, including pricing estimates, cost-calculator results, and vehicle availability.

No advice or information you receive from GigWheels through the website — whether oral or written — creates any warranty not expressly stated in these Terms or in a signed rental agreement.

12. Limitation of Liability

Our total liability for any claim arising out of or relating to your use of this website — whether in contract, tort, negligence, strict liability, or otherwise — will not exceed one hundred U.S. dollars ($100.00) or the amount you have paid GigWheels in the twelve months preceding the claim, whichever is greater.

This limitation does not apply to liability that cannot be limited under Georgia law, including gross negligence, willful misconduct, or fraud.

Nothing in these Terms limits your rights or GigWheels's obligations under the signed rental agreement, which governs the actual rental relationship.

13. Indemnification

You agree to indemnify, defend, and hold harmless GigWheels and its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or in any way connected with:

• Your use of the website
• Your submission of false, fraudulent, or misleading information
• Your violation of these Terms or any applicable law
• Your violation of any right of a third party

14. Termination

We reserve the right to terminate or suspend your access to the website at any time, with or without notice, for any reason — including violation of these Terms, suspected fraud, or a determination that continued access poses a risk to GigWheels, our customers, or the public. Sections that by their nature should survive termination (including 5, 8, 9, 11, 12, 13, 15, and 16) will survive.

15. Governing Law & Venue

These Terms of Service (which govern use of the website) are governed by the laws of the State of Georgia, without regard to conflict-of-law principles. Any lawsuit arising out of or relating to these Terms or the website must be filed in the state or federal courts located in Fulton County, Georgia, and you consent to the personal jurisdiction of those courts.

Region-specific rentals. If you enter into a rental with our California-fleet operations (San Francisco), that rental agreement is governed by California law with venue in the City and County of San Francisco, California, as set out in the executed Motor Vehicle Rental Agreement §24 (California version). These website Terms remain governed by Georgia law regardless of which fleet you rent from; the applicable rental agreement controls for any dispute arising from the rental relationship itself.

California residents — forum-selection carve-out. Under California law (including Verdugo v. Alliantgroup, L.P. (2015) 237 Cal.App.4th 141 and related authority), a mandatory Georgia-only forum clause is generally unenforceable to the extent it would diminish a California resident's unwaivable statutory rights. Accordingly, a California resident may bring an action arising out of website use that seeks to enforce a non-waivable California statutory right (including under the CLRA, CCPA/CPRA, or Cal. Civ. Code § 1936) in a court of competent jurisdiction in California without regard to the Fulton County, Georgia forum clause above. Georgia substantive law otherwise continues to govern these website Terms except where California substantive law is non-waivable, in which case California law governs to the minimum extent necessary to preserve the non-waivable right.

16. Dispute Resolution

Informal resolution. Before filing any lawsuit, you agree to first contact us at rent@gogigwheels.com and attempt in good faith to resolve the dispute for at least 30 days.

Small claims. Either party may bring an individual claim in the small-claims court of Fulton County, Georgia, if the claim qualifies. California residents whose claim arises out of a California-fleet rental may alternatively bring an individual small-claims action in the Superior Court of California, County of San Francisco, if the claim qualifies.

Class action waiver. To the extent permitted by law, you agree that any dispute will be brought on an individual basis only and not as part of a class, collective, or representative action.

California PAGA carve-out. To the extent any user is treated as an "aggrieved employee" for purposes of the California Private Attorneys General Act (Cal. Labor Code § 2698 et seq., "PAGA"), the class-action waiver above does not waive that user's non-individual (representative) PAGA claims for Labor Code civil penalties on behalf of other aggrieved employees, consistent with California authority (including Iskanian v. CLS Transp. Los Angeles, LLC (2014) 59 Cal.4th 348, as modified by Viking River Cruises, Inc. v. Moriana (2022) 596 U.S. 639, and subsequent California decisions). Individual PAGA claims remain subject to the individual-basis limitation. If a court finds the non-individual PAGA carve-out itself renders the dispute-resolution provision unenforceable, only the non-individual PAGA claims shall proceed in court; all other claims (including individual PAGA claims) remain subject to the individual-basis limitation.

California CLRA pre-suit notice. If a California-resident user contends that any act or practice by GigWheels in connection with website use or a California-fleet rental violates the California Consumers Legal Remedies Act (Cal. Civ. Code §§ 1750–1784), the user must, at least 30 days before commencing an action for damages under Civ. Code § 1780, notify GigWheels in writing of the particular alleged violation and demand that GigWheels correct, repair, replace, or otherwise rectify the alleged violation. Written notice shall be delivered to rent@gogigwheels.com with the subject line "CLRA Notice" and by first-class mail to GigWheels's current business address. GigWheels shall have 30 days to make an appropriate correction under § 1782(b). This does not apply to actions solely for injunctive relief under § 1782(d), or to any right that cannot be conditioned on pre-suit notice under California law.

Nothing in this section waives any right you have under the Fair Credit Reporting Act, Equal Credit Opportunity Act, or other applicable federal, Georgia, or California consumer-protection law — including the California Consumers Legal Remedies Act (CLRA), the California Consumer Privacy Act / California Privacy Rights Act (CCPA/CPRA), and California Civil Code § 1936.

17. Changes to These Terms

We may update these Terms from time to time. When we do, we update the "Last updated" date at the top. Material changes will be posted at least 30 days before they take effect. Your continued use of the website after the effective date constitutes acceptance. If you do not agree with the updated Terms, discontinue use of the website.

18. Contact

Questions about these Terms?