1. Contractual Relationship

1.1 These Terms of Use (“Terms”) govern the access or use by you, an individual, from within any country in the world of applications, websites, content, products, and services (the “Services”) made available by Diamond Cabs.

1.2 PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES.

1.2.1 Your access and use of the Services constitutes your agreement to be bound by these Terms, which establishes a contractual relationship between you and Diamond Cabs. If you do not agree to these Terms, you may not access or use the Services. These Terms expressly supersede all prior agreements or arrangements with you. Diamond Cabs may immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason.

1.2.2 Supplemental terms may apply to certain Services, such as policies for a particular event, activity or promotion, and such supplemental terms will be disclosed to you in connection with the applicable Services. Supplemental terms are in addition to, and shall be deemed a part of, the Terms for the purposes of the applicable Services. Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable Services.

1.2.3 Diamond Cabs may provide to a claims processor or an insurer any necessary information (including your contact information) if there is a complaint, dispute or conflict, which may include an accident, involving you and a Third Party Provider (including a transportation network company driver) and such information or data is necessary to resolve the complaint, dispute or conflict.

2. The Services

2.1 The Services constitute a technology platform that enables users of Diamond Cabs’s mobile applications or websites or phone numbers provided as part of the Services (each, an “Application”) to arrange and schedule transportation with independent third party providers of such services, including independent third party transportation providers under agreement with Diamond Cabs or certain of Diamond Cabs’s affiliates (“Third Party Providers”). Unless otherwise agreed by Diamond Cabs in a separate written agreement with you, the Services are made available solely for your personal, non-commercial use. YOU ACKNOWLEDGE THAT Diamond Cabs DOES NOT PROVIDE TRANSPORTATION SERVICES OR FUNCTION AS A TRANSPORTATION CARRIER AND THAT ALL SUCH TRANSPORTATION SERVICES ARE PROVIDED BY INDEPENDENT THIRD PARTY CONTRACTORS WHO ARE NOT EMPLOYED BY OR AGENT OF Diamond Cabs OR ANY OF ITS AFFILIATES.

2.2 License

2.2.1Subject to your compliance with these Terms, Diamond Cabs grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferrable license to: (i) access and use the Applications on your personal device solely in connection with your use of the Services; and (ii) access and use any content, information and related materials that may be made available through the Services, in each case solely for your personal, non- commercial use. Any rights not expressly granted herein are reserved by Diamond Cabs.

2.3 Restrictions

2.3.1 You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by Diamond Cabs; (iii) decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Services; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or (vi) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.

2.4 Provision of the Services

2.4.1 You acknowledge that the Services may be made available under request options by or in connection with: (i) certain of Diamond Cabs’s subsidiaries and affiliates; or (ii) independent Third Party Providers, including transportation network company drivers, transportation charter permit holders or holders of similar transportation permits, authorizations or licenses.

2.5 Third Party Services and Content

2.5.1 The Services may be made available or accessed in connection with third party services and content (including advertising) that Diamond Cabs does not control. You acknowledge that different terms of use and privacy policies may apply to your use of such third party services and content. Diamond Cabs does not endorse such third party services and content and in no event shall Diamond Cabs be responsible or liable in any manner for any products or services of such third party providers.

2.6 Ownership

2.6.1 The Services and all rights therein are and shall remain Diamond Cabs’s property or the property of Diamond Cabs’s 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 Diamond Cabs’s company names, logos, product and service names, trademarks or services marks or those of Diamond Cabs’s licensors.

3. Your Use of the Services

3.1 User Accounts

3.1.1 In order to use most aspects of the Services, you must register for and maintain an active personal user Services account (“Account”). You must be at least 18 years of age to obtain an Account. Account registration requires you to submit to Diamond Cabs certain personal information, such as your name, address, mobile phone number and email. 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, may result in your inability to access and use the Services or Diamond Cabs’s termination of these Terms with you. You are responsible for all activity that occurs under your Account, and also indemnifies the Diamond Cabs from any claim or damages. You agree to maintain the security and secrecy of your Account password at all times. Unless otherwise permitted by Diamond Cabs in writing, you may only possess one Account.

3.2 User Requirements and Conduct

3.2.1 The Service is not available for use by persons under the age of 18. You may not authorize third parties to use your Account, and you may not allow persons under the age of 18 to receive transportation services from Third Party Providers unless they are accompanied by you. You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when using the Services, and you may only use the Services for lawful purposes (e.g., no transport of unlawful or hazardous materials) and for the given destinations only. You cannot demand that the Services may be used for other destination point(s) even if the included Kms in your price package are not fully exhausted and you cannot be compensated either. For an outstation trip, the local destinations in pick-up city are not included unless they are specifically mentioned in the itinerary. You need to pay the full trip price if you end the trip in between and do not use Services for all destinations or for all days in your price package, for whatsoever reason. For a one way trip, only one pickup and one drop is included, any additional stops or additional pickup or drop may incur additional charges. AC will remain switch off in hilly areas or wherever required. You will not, in your use of the Services, cause nuisance, annoyance, inconvenience, or property damage, whether to the Third Party Provider or any other party.

3.2.2 You shall not have any right in determining or classifying the Services in accordance with the type of fuel and You shall be responsible for the forfeiture of the complete advance amount paid by you for the booking if the cancellation of the booking is happened on this ground. You shall not have any right in determining or classifying the Services in accordance with the specific car model / brand / manufacture. Any 4+1 seat car can be provided for Sedan and any 6+1 seat car can be provided for SUV category. Diamond Cabs shall make ensure that the Services provided to you shall adhere all the applicable laws and be gentle to the nature. You shall be allowed the luggage as per the safety standards applicable at that time. In certain instances you may be asked to provide proof of identity to access or use the Services, and you agree that you may be denied access to or use of the Services if you refuse to provide proof of identity.

3.2.3 Any demand of cancellation or refund or compensation shall not be entertained on the ground of the conduct of the third party unless it is grave in nature like sexual harassment, etc. Diamond Cabs shall retain its sole right and discretion to evaluate the situation in an independent manner and on case-to-case basis. However, Diamond Cabs shall always endeavor to make your ride dignified, hassle free and smooth.

3.3 Text Messaging

3.3.1 By creating or activating an Account, you agree that the Services may send you text (SMS) messages as part of the normal business operation of your use of the Services.

3.4 Promotional Codes

3.4.1 Diamond Cabs may, in Diamond Cabs’s sole discretion, create promotional codes that may be redeemed for Account credit, or other features or benefits related to the Services and/or a Third Party Provider’s services, subject to any additional terms that Diamond Cabs establishes on a per promotional code basis (“Promo Codes”). You agree that Promo Codes: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public form or otherwise), unless expressly permitted by Diamond Cabs; (iii) may be disabled by Diamond Cabs at any time for any reason without liability to Diamond Cabs; (iv) may only be used pursuant to the specific terms that Diamond Cabs establishes for such Promo Code; (v) are not valid for cash; and (vi) may expire prior to your use. Diamond Cabs reserves the right to withhold or deduct credits or other features or benefits obtained through the use of Promo Codes by you or any other user in the event that Diamond Cabs determines or believes that the use or redemption of the Promo Code was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or these Terms.

3.5 User Provided Content

3.5.1 Diamond Cabs may, in Diamond Cabs’s sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to Diamond Cabs through the Services textual, audio, and/or visual content and information, including commentary and feedback related to the Services, initiation of support requests, and submission of entries for competitions and promotions (“User Content”). Any User Content provided by you remains your property. However, by providing User Content to Diamond Cabs, you grant Diamond Cabs a worldwide, perpetual, irrevocable, transferrable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and Diamond Cabs’s business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.

3.5.2 You represent and warrant that: (i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant Diamond Cabs the license to the User Content as set forth above; and (ii) neither the User Content nor your submission, uploading, publishing or otherwise making available of such User Content nor Diamond Cabs’s use of the User Content as permitted herein will infringe, misappropriate or violate a third party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

3.5.3 You agree to not provide User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by Diamond Cabs in its sole discretion, whether or not such material may be protected by law. Diamond Cabs may, but shall not be obligated to, review, monitor, or remove User Content, at Diamond Cabs’s sole discretion and at any time and for any reason, without notice to you.

3.6 Network Access and Devices

3.6.1 You are responsible for obtaining the data network access necessary to use the Services. Your mobile network’s data and messaging rates and fees may apply if you access or use the Services from a wireless-enabled device and you shall be responsible for such rates and fees. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto. Diamond Cabs does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.

4. Payment

4.1 You understand that use of the Services may result in charges to you for the services or goods you receive from a Third Party Provider (“Charges”). After you have received services or goods obtained through your use of the Service, Diamond Cabs will facilitate your payment of the applicable Charges on behalf of the Third Party Provider as such Third Party Provider’s limited payment collection agent. Payment of the Charges in such manner shall be considered the same as payment made directly by you to the Third Party Provider. Charges will be inclusive of applicable taxes where required by law. Charges paid by you are final and non-refundable, unless otherwise determined by Diamond Cabs at its sole discretion. You retain the right to request lower Charges from a Third Party Provider for services or goods received by you from such Third Party Provider at the time you receive such services or goods. Diamond Cabs will respond accordingly to any request from a Third Party Provider to modify the Charges for a particular service or good but Diamond Cabs cannot be bound by that.

4.2 All Charges are due immediately and payment will be facilitated by Diamond Cabs, as the Third Party Provider’s limited payment collection agent, after which Diamond Cabs will send you a receipt by email.

4.3 As between you and Diamond Cabs, Diamond Cabs reserves the right to establish, remove and/or revise Charges for any or all services or goods obtained through the use of the Services at any time in Diamond Cabs’s sole discretion. Further, you acknowledge and agree that Charges applicable in certain geographical areas may increase substantially during times of high demand. Diamond Cabs will use reasonable efforts to inform you of Charges that may apply, provided that you will be responsible for Charges incurred under your Account regardless of your awareness of such Charges or the amounts thereof. Diamond Cabs may from time to time provide certain users with promotional offers and discounts that may result in different amounts charged for the same or similar services or goods obtained through the use of the Services, and you agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of the Services or the Charges applied to you. The funds added in user wallet or any voucher provided by Diamond Cabs, because of promotional offers / discounts / cashback / or any other means will be remitted against the advance booking amount only and not against the total trip price. Diamond Cabs reserves the right to cancel these discounts at any point of time. You may elect to cancel your request for services from a Third Party Provider at any time prior to your order confirmation and/or advance payment, in which case the advance paid will not be refunded and you may be charged a cancellation fee.

4.4 This payment structure is intended to fully compensate the Third Party Provider for the services or goods provided. Except with respect to taxicab transportation services requested through the Application, Diamond Cabs does not designate any portion of your payment as a tip or gratuity to the Third Party Provider. Any representation by Diamond Cabs (on Diamond Cabs’s website, in the Application, or in Diamond Cabs’s marketing materials) to the effect that tipping is “voluntary,” “not required,” and/or “included” in the payments you make for services or goods provided is not intended to suggest that Diamond Cabs provides any additional amounts, beyond those described above, to the Third Party Provider. You understand and agree that, while you are free to provide additional payment as a gratuity to any Third Party Provider who provides you with services or goods obtained through the Service, you are under no obligation to do so. Gratuities are voluntary. After you have received services or goods obtained through the Service, you will have the opportunity to rate your experience and leave additional feedback about your Third Party Provider.

4.5 Diamond Cabs does not have any role and it shall be indemnified where the driver or Third Party Provider demands the money in between the ride and does not adjust the same within the amount payable you.

4.6 Diamond Cabs and Third Party Provider shall not be liable for any inter-state tax levied on the vehicle during the ride like MCD Toll Tax, for any Central and State Toll Tax, for any parking ticket, etc. You shall be responsible for collecting the all the receipts of Toll tax, State tax, Parking fee, etc. from the Third Party Provider. Diamond Cabs shall not be responsible for providing the receipts or invoice for payments which are not included in trip package and expected to be paid directly by you as per actuals like Toll tax, State tax, Parking fee, etc. In case where the Fasttag is used by Third Party Provide to pay the Toll Tax, it shall be the duty of you to ask the debit amount message or information from the Third Party provider.

4.7 You are liable to pay the full trip package price in case you decide to shorten your trip for whatsoever reason (i) by any amount of time e.g. you returned back a day early in a round trip or (ii) Kms included in package are not fully exhausted. You can not demand any reduction in price or any cash back / voucher etc. or to use the Service for other destination point(s) or for local destination point(s) in pickup city which were not included in itinerary.

4.8 Repair or Cleaning Fees

4.8.1 You shall be responsible for the cost of repair for damage to, or necessary cleaning of, Third Party Provider vehicles and property resulting from use of the Services under your Account in excess of normal “wear and tear” damages and necessary cleaning (“Repair or Cleaning”). In the event that a Third Party Provider reports the need for Repair or Cleaning, and such Repair or Cleaning request is verified by Diamond Cabs in Diamond Cabs’s reasonable discretion, Diamond Cabs reserves the right to facilitate payment for the reasonable cost of such Repair or Cleaning on behalf of the Third Party Provider. Such amounts will be transferred by Diamond Cabs to the applicable Third Party Provider and are non-refundable.

4.8.2 If you are travelling with pets, Third Party Provider is entitled to charge you with an additional amount of Rs. 300 for small cars (hatchback, sedan) and Rs. 500 for bigger cars (SUV, Innova).

5. Disclaimers; Limitation of Liability; Indemnity

5.1 DISCLAIMER

5.1.1 The services are provided “as is” and “as available”. Diamond Cabs disclaims all representations and warranties, express, implied or statutory, not expressly set out in these terms, including the implied warranties of merchantability, fitness for a particular purpose and non-infringement. In addition, Diamond Cabs makes no representation, warranty, or guarantee regarding the reliability, timeliness, quality, suitability or availability of the services or any services or goods requested through the use of the services, or that the services will be uninterrupted or error-free. Diamond Cabs does not guarantee the quality, suitability, safety or ability of Third Party Providers. You agree that the entire risk arising out of your use of the services, and any service or good requested in connection therewith, remains solely with you, to the maximum extent permitted under applicable law.

5.2 LIMITATION OF LIABILITY

5.2.1 Diamond Cabs shall not be liable for any direct, indirect, incidental, special, exemplary, punitive or consequential damages or any damages whatsoever, including lost profits, lost data, personal injury or property damage related to, in connection with, or otherwise resulting from any use of the services, even if Diamond Cabs has been advised of the possibility of such damages. Diamond Cabs shall not be liable for any damages, liability or losses arising out of: (i) your use of or reliance on the services or your inability to access or use the services; or (ii) any transaction or relationship between you and any third party provider, even if Diamond Cabs has been advised of the possibility of such damages. Diamond Cabs shall not be liable for delay or failure in performance of services whatsoever. You acknowledge that third party transportation providers providing transportation services may not be professionally licensed or permitted. In no event shall Diamond Cabs’s total liability to you in connection with the services for all damages, losses and causes of action exceed rupees five hundred only (₹500 only).

5.2.2 Diamond Cabs’s services may be used by you to request and schedule transportation services with Third Party Providers, but you agree that Diamond Cabs has no responsibility or liability to you related to any transportation services provided to you by Third Party Providers other than as expressly set forth in these terms. Diamond Cabs shall not be liable for any negligence of Covid-19 guidelines or any guidelines passed by the U/T(s), State(s) or Central Government by Third Party Providers or their drivers.

5.2.3 Diamond Cabs shall not be liable for any kind of pass or permit or medical test report like COVID-19 test report required for the travel for both customer and driver. You need to arrange it yourself at your own cost and expenditure.

5.2.4 We request that you use your judgment and reason when using our services and we suggest that you do not use the service if it does not meet your expectations. Always ensure before you ride that the vehicle and driver match the identification (driver license, driver name and vehicle license plate) that was provided. It is your responsibility to match the vehicle and driver with the information provided by Diamond Cabs before you ride. If you decide to ride with a driver or in a vehicle different than was screened by Diamond Cabs, you shall be solely responsible for all the consequences whether direct or indirect along with damages not less than Rs.10,000/- (Rupees Ten Thousand Only) payable to the Diamond Cabs. Diamond Cabs shall not be liable to interfere in any disputes in such case and the advance amount paid will not be refunded. However, You may be charged a cancellation fee i.e. the complete advance amount paid by you for the booking if you cancel a trip after you're matched with a driver (Third Party Provider).

5.2.5 Diamond Cabs shall not be liable for you missing trains/flights/events or delays etc. as the Service is dependent on many factors not in Diamond Cabs’s control. Diamond Cabs shall not be liable for any delays, cancellations because of any natural calamity or any external factors out of Diamond Cabs's control. Diamond Cabs's "Cancellation and Refund policy" as provided here will still hold valid in such circumstances.

5.2.6 Third Party Service Provider and Driver may be assigned for your ride at reasonable time before scheduled departure.

5.2.7 In the event, there is a delay by the Vehicle in reaching the pickup location beyond 30 (thirty) minutes of the pickup time when all the necessary details of the pickup location was provided correctly, Diamond Cabs shall only endeavor to get You in touch with the Third Party Service Provider or Driver assigned for Your Ride and shall not be liable for any refund of the advance amount paid by you for the booking.

5.2.8 Diamond Cabs will not entertain any complaint raised after 3 business days of expected ride completion time.

5.2.9 The Company shall be entitled at any time to terminate the booking of cabs done by the You.

5.2.10 Diamond Cabs shall not be liable for any damages resulting from the use of or inability to use the Site, including damages caused by wrong usage of the Site, error in call centre number, network issues, malware, viruses or any incorrectness or incompleteness of the Information or the Application.

5.2.11 A maximum of 2 bags are allowed in small cars (Sedan) and a maximum of 4 bags are allowed in bigger cars (e.g. SUV, Innova). Each bag must not exceed a maximum size of 158 cm (62.2 in) length + width + height and maximum weight of 32 kg.

5.2.12 A maximum of 2 bags are allowed in small cars (Sedan) and a maximum of 4 bags are allowed in bigger cars (e.g. SUV, Innova). Each bag must not exceed a maximum size of 158 cm (62.2 in) length + width + height and maximum weight of 32 kg.

5.2.13 You shall take full responsibility of Your items and luggage. In case of lost items inside the Vehicle during the journey, Diamond Cabs will try to locate the items on a “best-effort” basis but is not responsible for the same in any manner in case of loss or damage to the same. If you leave any goods in the Vehicle or have any complaint in respect of the Services or the use of the Vehicle, you have to inform Diamond Cabs of the same in writing within 24 (twenty four) hours of using the Vehicle or the Services of Diamond Cabs. In the event it is found, you shall be informed about the Diamond Cabs office or Third Party Provider office from where you can collect it after 3 (three) working days from the date You were informed. Diamond Cabs however shall not be responsible for delivering the same back to you. If requested, Diamond Cabs may deliver the misplaced item/s back to you after 3 (three) working days from the date You were informed, subject to the place of delivery being twenty (20) kms from the Diamond Cabs office. Diamond Cabs shall charge you a flat fee of Rs.500/- (Rupees Five Hundred Only) for such delivery.

5.2.14 Diamond Cabs does not assure a complete sustainability of its Service and shall not be held responsible or liable for the same, in any manner.

5.2.15 Diamond Cabs shall not be responsible for any loss of communication / information of status update and benefits under the program. All this information will be sent on mobile number and/or email ID registered with Diamond Cabs. Diamond Cabs will not be responsible for appropriateness of mobile or email or any other communication medium. You shall be responsible for immediately reporting the errors, if any, occurred in the information sent to You regarding booking confirmation.

5.3 Indemnity

5.3.1You agree to indemnify and hold Diamond Cabs and its officers, directors, employees and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees) arising out of or in connection with: (i) your use of the Services or goods obtained through your use of the Services; (ii) your breach or violation of any of these Terms; (iii) Diamond Cabs’s use of your User Content; or (iv) your violation of the rights of any third party, including Third Party Providers.

6. Governing Law; Arbitration

6.1These User Terms are subject to the laws of India. Any dispute, claim or controversy arising out of or relating to these User Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Site, the Service or the Application (collectively, “Disputes”) the parties shall attempt to settle the same amicably, through negotiation and consultation at such offices of Diamond Cabs as Diamond Cabs may designate. In the event the dispute is not resolved internally between after at least 30 (thirty) days of negotiation, in good faith, the same shall be subject to binding and final arbitration in accordance with the Arbitration and Conciliation Act, 1996 as amended from time to time or in case the Arbitration and Conciliation Act, 1996 is no longer in force, as per any law relating to arbitration in force at the time of such reference. Each party to the dispute shall appoint arbitrator each and the two Arbitrators shall appoint the third or the presiding Arbitrator. The venue and seat of the arbitration shall be Gurugram, Haryana, India. Subject to the above, any Dispute will be subject to the exclusive jurisdiction of courts in Gurugram, Haryana, India.

7.O their Provisions

7.1 Claims of Copyright Infringement

7.1.1Claims of copyright infringement should be sent to Diamond Cabs. Please visit Diamond Cabs’s web page at http://DiamondCabs.in for the address and additional information.

7.2 Notice

7.2.1Diamond Cabs may give notice by means of a general notice on the Services, electronic mail to your email address in your Account, Text message (SMS) to your mobile number in your Account, or by written communication sent to your address as set forth in your Account.

7.3 General

7.3.1You may not assign or transfer these Terms in whole or in part without Diamond Cabs’s prior written approval. You give your approval to Diamond Cabs for it to assign or transfer these Terms in whole or in part, including to: (i) a subsidiary or affiliate; (ii) an acquirer of Diamond Cabs’s equity, business or assets; or (iii) a successor by merger. No joint venture, partnership, employment or agency relationship exists between you, Diamond Cabs or any Third Party Provider as a result of the contract between you and Diamond Cabs or use of the Services.

7.3.2You may not assign or transfer these Terms in whole or in part without Diamond Cabs’s prior written approval. You give your approval to Diamond Cabs for it to assign or transfer these Terms in whole or in part, including to: (i) a subsidiary or affiliate; (ii) an acquirer of Diamond Cabs’s equity, business or assets; or (iii) a successor by merger. No joint venture, partnership, employment or agency relationship exists between you, Diamond Cabs or any Third Party Provider as a result of the contract between you and Diamond Cabs or use of the Services.