Delivery Agreement

These are the Trexity terms each courier agrees to by using the Driver App.

DELIVERY AGREEMENT

(TREXITY – CANADA)

Updated: January 1, 2025 version 2.41

Prev (2.31 March 2024)

Key Principles:

•This Agreement applies to your use of the Driver App on the Trexity Platform. You should read this entire Agreement carefully before agreeing to it.

•Trexity Inc will offer routes for you to accept and operate. You may receive instructions about the location and manner of delivery from Merchants and Delivery Recipients, and you must respond to those instructions.

•You are an independent contractor. You are not an employee of Trexity Inc. This means:

•When you are online in the Driver App, Trexity will send you Requests for you to deliver items, and you can accept or reject these Requests as you wish.

•You can go online or offline in the Driver App whenever you like.

•When using the Trexity Driver App it is prohibited to work or use other delivery or transportation network apps.

•You are responsible for sourcing your own tools to fulfill Requests, such as a car, mobile device, data plan, delivery bags, etc.

•As a zero-rated interline freight courier service, you are responsible to register for your own GST/HST account if your income is more than $30,000.00 CAD. Trexity Inc. is not responsible for this or your tax obligations.

•You will not receive overtime pay, vacation pay, holiday pay, or other payments typically associated with an employer/employee relationship.

•All users of the Trexity Platform, including you, must follow the Community Guidelines to ensure safety and respect for all.

•Trexity does not promise or guarantee that there will be Requests when you are online in the Driver App.

•This Agreement includes a process for resolving disputes individually through arbitration. Any dispute you have with Trexity Inc will be resolved by an arbitrator, not a court. You can opt out of that process by following the steps described in section 15.6 below.

This Delivery Agreement is entered into between you and Trexity Inc.

1. BINDING CONTRACT

(a) Once you agree to these terms, you enter into an agreement with Trexity Inc (the “Agreement”). By clicking “Yes, I agree,” you confirm that you have read, understood, and thoughtfully considered the consequences of this Agreement, and that you agree to be bound by its terms and conditions.

(b) The Agreement consists of:

1. Any Addenda to these terms,

2. These terms,

3. The Privacy Notice, and

4. The Community Guidelines.

If there’s a conflict or inconsistency between any of these documents, the earlier-listed document takes precedence—but only to the extent needed to resolve the conflict.

2. TERM OF AGREEMENT

This Agreement begins on the date and time you accept the terms and continues until terminated under Section 13 [Termination].

3. RELATIONSHIP BETWEEN THE PARTIES

(a)You are an independent contractor under this Agreement. You acknowledge and agree to remain an independent contractor at all times.

(b) Trexity Inc will not direct or control you in the performance of Delivery Services, including your actions or omissions, or how you operate and maintain your transportation method—except as specifically stated in this Agreement.

(c) This Agreement is non-exclusive. That means:

•You can use other software apps for on-demand work or engage in other business activities, including while using the Driver App or providing Delivery Services.

•You’re not obligated to use the Driver App or to accept Delivery Requests.

(d) Trexity Inc enters into separate agreements with Merchants. Under this Agreement, you agree to sell Delivery Services to Trexity Inc, which resells those services to Merchants as applicable.

As an independent contractor, you control your schedule. This means:

1. You’re not required to accept any Requests or perform any Delivery Services.

2. You can go online or offline in the Driver App whenever you want. There are no daily, weekly, or monthly hour requirements.

3. You can accept or decline any Request for any reason.

4. You can log in to the Driver App and accept Requests from anywhere within Trexity’s service area.

As an independent contractor, you decide how to provide Delivery Services. This includes:

1. Choosing and maintaining your preferred transportation method, delivery bags, or any tools you wish to use.

2. Using any navigation app and taking any reasonable route—you don’t need to follow the suggested route in the Driver App (that’s just for convenience).

3. No requirement to wear uniforms or display Trexity branding.

As an independent contractor, you are not an employee. Under Canadian law, this means:

1. You’re not guaranteed minimum wage, overtime pay, or Requests while you’re online.

2. You’re not entitled to vacation pay, holiday pay, or other employment benefits.

This Agreement does not create a legal partnership, agency, joint venture, or employment relationship between you and Trexity Inc. You cannot represent yourself as a partner, agent, employee, or authorized representative of Trexity Inc. You agree not to make any statements or representations that suggest such a relationship exists.

Trexity Inc will not be held to any commitments or agreements you make with others on its behalf.

You acknowledge that you’re entering into this Agreement willingly and without coercion.

4. YOUR USE OF THE DRIVER APP

4.1. License

During the term of this Agreement, Trexity Inc grants you a non-exclusive, non-transferable, non-sublicensable, non-assignable license to install and use the Driver App at no cost. This is solely for the purpose of receiving and responding to Delivery Requests and accessing services related to your Delivery Services.

4.2. Provision of Delivery Services

(a) You may go online in the Driver App whenever and wherever you choose, for as long as you like.

(b) You may receive Requests for various delivery types based on your signup preferences. Each Request will include relevant info so you can decide whether to accept it.

(d) You may cancel accepted Requests before picking up the item.

(e) In some cases (especially regulated items), you may be asked to return the item to the original pickup location.

You are solely responsible for:

1. Choosing an effective, safe, and efficient way to fulfill each Request, including route planning.

2. Providing your own equipment, tools, and materials needed to perform Delivery Services.

3. Obtaining, maintaining, and operating your transportation method.

4. Picking up items from specified locations.

5. Communicating with Merchants and Delivery Recipients as needed to complete the delivery.

You acknowledge that:

•Trexity Inc is not responsible for the actions or inactions of Merchants or Delivery Recipients in relation to you, your services, or your vehicle.

•You are responsible for taking reasonable precautions to protect yourself and others when interacting with Merchants, Recipients, or third parties.

4.3. Additional Responsibilities and Conditions

•You are responsible for any liability to Merchants, Delivery Recipients, or third parties that directly results from your actions, omissions, or transportation method.

•You operate as your own independent business when providing Delivery Services using the Driver App.

If a Merchant or other platform user violates the Community Guidelines, you may report it to Trexity Inc, which may investigate and take appropriate action, including possibly removing that user’s access.

Cancellations and Rejections

•You won’t receive a Delivery Fee for any Request that you reject or cancel.

•Rejecting or renouncing Requests generally has no penalty, but frequent renouncing will impact your rewards tier or benefits and may trigger fraud-monitoring reviews.

Devices and Accounts

•The Driver App requires a smartphone and an active data plan. You’re responsible for all associated costs.

•Note: the app may consume significant amounts of mobile data.

•Your Driver Account is personal—it cannot be licensed, transferred, shared, or altered.

Ratings

•You, Merchants, and Delivery Recipients may provide ratings and feedback on each other. If you leave feedback, you must do so honestly and in good faith.

•All feedback and ratings are considered Trexity Inc’s data.

•Ratings are not confidential. You authorize Trexity Inc to use, share, or display them (including ratings about you), in accordance with the Privacy Notice, without needing your approval.

Trexity Inc is not obligated to verify ratings. However, it may remove comments if they contain offensive content, personal data, or anything that violates laws or Community Guidelines.

4.4. Regulated Items

If you choose to accept Requests involving Regulated Items (e.g., alcohol or return reusables):

(a) You must comply with all applicable laws in the handling and delivery of Regulated Items.

(b) You are required to maintain all licenses, permits, or certifications (like a liquor server certificate) necessary under the law. You must notify Trexity Inc if the status of any required documentation changes.

(d) You are responsible for verifying the recipient’s age, sobriety, identity, or any other required conditions.

(e) If the delivery cannot be legally or safely completed, you must return the item to the Merchant. You’ll receive an increased or additional Delivery Fee for that return trip.

(f) Trexity Inc may pause or permanently stop sending you Requests for Regulated Items if it believes you’ve violated any of the above.

(g) Any breach of these terms regarding Regulated Items will be considered a material breach of the Agreement and may result in termination of this Agreement and loss of Driver App access.

5. LICENSES, PERMITS, AND YOUR TRANSPORTATION METHOD

5.1. Authorization to Work

You must be legally authorized to provide Delivery Services in Canada. This includes:

1. Holding all valid licenses, permits, commercial delivery insurance, approvals, and any other legal authority needed to perform deliveries and operate your transportation method.

2. Having the legal right to work in Canada as a Delivery Provider.

You agree to:

•Provide Trexity Inc with proof of your work authorization, such as citizenship or permanent residency documents, a valid work permit, or any other relevant paperwork.

You must also:

2. Always comply with any conditions tied to your licenses, work permits, or other work authorizations in Canada while using the Driver App.

3. Provide Trexity Inc with personal background screening info upon request (or consent to Trexity Inc obtaining it), including criminal and driving history.

Trexity Inc may limit or remove your Driver App access if you don’t provide the requested proof or background info.

5.2. Your Transportation Method

Your vehicle or transportation method must:

1. Be legally registered and licensed (if required by law).

2. Be safe, clean, and in sanitary condition—meeting any applicable regulations.

3. Be owned, leased, or otherwise lawfully in your possession.

4. Be properly insured, as outlined in Section 7 [Insurance].

5. Match the vehicle details listed in your Driver Account so Merchants and Recipients see accurate info.

Trexity Inc may request proof of any of the above at any time, including documentation like your insurance or vehicle inspection reports.

If you use a motor vehicle, Trexity Inc may stop sending you Requests or restrict access to the Driver App if you don’t provide proof of required documentation upon request.

You must immediately notify Trexity Inc of any material changes to your licenses, permits, insurance, registration, or any other information previously provided under Section 5.2.

You are not permitted to use autonomous vehicles, remotely operated vehicles, robots, or any transportation methods that aren’t physically accompanied by a Delivery Provider.

6. FEES AND PAYMENTS

6.1. Delivery Fees

Payment calculation

Driver Partner will be paid by the route, not by the hour. Prior to a route, the Driver Partner acknowledges that he or she has reviewed the anticipated route pay, and that he or she will be paid that amount in full when the route is successfully completed, regardless of how long the route takes. A route has been successfully completed when

(1) all packages have been successfully delivered to the correct location, and

(2) in the event a package was undeliverable after a delivery attempt was made in good faith using commercially reasonable efforts, any such package is returned to aVeho location within the timeframe established by Trexity.

Trexity and Driver Partner further agree that if Driver Partner does not successfully complete a route, Trexity will be able to adjust the route pay due to Driver Partner based on packages successfully delivered, subject to deductions for packages that are lost, damaged, destroyed, stolen, or otherwise unable to be successfully delivered in whole or in part.

6.2. Tips and Other Amounts

Delivery Fees do not include tips. Delivery Recipients may choose to tip you:

• Directly in cash, or

• Through the Trexity Platform.

Tips made through the app will be passed on to you minus the transaction fees.

Trexity Inc may occasionally offer incentives if you meet certain conditions. These will be communicated via app, email, or text. Participation is always optional and subject to specific terms and conditions.

6.3. Adjustments to Delivery Fees

Trexity Inc may cancel or reduce a Delivery Fee (or request repayment) if:

1. Delivery Service wasn’t completed or was misdelivered

2. A Merchant or Recipient files a complaint about your actions.

3. The route you took was unreasonably inefficient.

4. The delivery took an unreasonably long time to complete.

5. There’s suspected fraud or misuse of the platform.

Trexity Inc’s decision to cancel, reduce, or seek repayment of a Delivery Fee (as described in Section 6.3) will be made reasonably and in good faith.

6.4. Payments

Trexity Inc will pay you for all completed Delivery Services. Trexity Inc will remit:

1. Your Delivery Fees (we don’t cover parking tickets, tolls, extra fees)

2. Any incentive payments

3. Any applicable Sales Tax (see below)

4. Any tips from Delivery Recipients submitted through the Trexity Platform

If you’ve agreed to pay Trexity Inc for anything (e.g., background checks) or have authorized it to remit funds to a third party, those amounts will be deducted from your payouts.

If an overpayment occurs or an adjustment under Section 6.3 is needed, Trexity Inc may:

•Deduct from future payouts

•Debit your card, bank or Stripe account

•Seek reimbursement through other lawful means

If an underpayment is discovered, Trexity Inc will credit the missing amount to your payment method (unless stated otherwise).

Trexity Inc may also withhold payments if legally required, such as in response to a garnishment order, court directive or for additional verification by Stripe..

6.5. Taxes

You are responsible for:

•Registering for applicable taxes

•Calculating and remitting your own taxes on the Delivery Services

•Providing Trexity Inc with accurate tax and business details through your Driver Account’s Tax Profile

Your Delivery Fee is exclusive of Sales Tax. If you’re registered for Sales Tax and have completed your Tax Profile, Trexity Inc will NOT pay you any applicable Sales Tax on your Delivery Fee and that will be your responsibility.

Trexity Inc may be required by law to withhold, deduct, or remit taxes related to your payments under this Agreement.

If Trexity Inc is required to withhold or remit taxes on your behalf, you will not be entitled to any additional payment to offset those deductions.

You must also provide any tax-related information Trexity Inc reasonably requests to fulfill its legal obligations.

If you’ve agreed to pay any amount to Trexity Inc (e.g., for background checks), those charges are exclusive of Sales Tax unless otherwise noted. You agree to pay any applicable Sales Tax on such charges.

7. INSURANCE

You agree to maintain the following insurance coverage at your own cost:

1. Motor Vehicle Insurance: If you’re using a vehicle, it must meet or exceed:

•The minimum coverage required by law

•Any additional insurance requirements Trexity Inc or its insurance partners specify

•Coverage for third-party bodily injury and property damage

You must provide proof of your insurance if Trexity Inc asks and notify them immediately if your status or coverage changes.

For vehicle insurance:

•The policy must list you as the policyholder or rated driver.

•Some private or rental policies may not cover incidents related to deliveries.

•It’s your responsibility to confirm your insurance includes coverage for delivery activities.

You must also:

•Inform your insurer that you’re using your vehicle for delivery services.

•Meet any notice or disclosure requirements under your insurance policy.

Trexity Inc is not required to provide insurance related to your Delivery Services, but:

•It’s not obligated to offer any coverage for personal loss or damage unless specifically outlined in an Addendum.

•It may change, reduce, or cancel any such insurance at any time and without notice.

If you claim to be using a bicycle or non-motorized transport but then use a motor vehicle:

•Trexity Inc will provide no insurance for that delivery.

•You will be responsible for reimbursing Trexity Inc for any costs or liabilities incurred as a result.

If an incident occurs while delivering (e.g., a crash), you agree to:

• Notify Trexity Inc within 24 hours.

• Provide any information requested related to the incident.

• Cooperate with any investigation.

• Notify Trexity Inc within 24 hours if:

• You’re convicted of a traffic offence or your license is suspended.

• You’re charged with or convicted of a criminal offence.

8. INTELLECTUAL PROPERTY

8.1. Ownership

Trexity Inc (and its licensors) retain all rights to the Driver App and Trexity Data, including all related intellectual property.

You are only granted the limited usage rights outlined in this Agreement. All other rights are expressly reserved.

8.2. Restrictions

You may not:

•Share the Driver App or Trexity Data with anyone (except as allowed for delegating in Section 4.2).

•Copy, modify, distribute, sell, or lease any part of the Driver App or Trexity Data.

•Reverse engineer or extract source code from Trexity software.

•Use the app for scraping, indexing, surveying, or data mining.

•Combine Trexity Data with competitor data.

If your license to use the Driver App (granted under Section 4.1) ends for any reason, you must immediately delete the app from your mobile device.

8.3. Trexity Branding

Unless the law requires it or this Agreement allows it, you must not use Trexity Inc’s names, logos, colors, trademarks, service marks, slogans, or any other brand elements (“Trexity Marks”), whether registered or not.

You must not:

•Create or register business names, URLs, domain names, app names, websites, or social media accounts that use or resemble Trexity Marks.

•Use Trexity Marks as your social media profile picture or wallpaper without permission.

•Buy search engine keywords (e.g., Google Ads) that use Trexity Marks.

•Display Trexity branding on your transportation method or clothing unless explicitly permitted (see Section 8.4).

•Register or claim ownership of any Trexity Marks.

If Trexity does grant you permission to use any of its Marks, you are not considered a licensee or authorized user under trademark law in a way that gives you any ownership rights.

8.4. Use of Trexity-Branded Materials

(a) You’re not required to wear or display Trexity-branded gear on your clothing or vehicle, or to use stickers, signage, or any other Trexity-branded identifiers—unless required by law.

(b) If you choose to use Trexity-branded materials (like a shirt or bag) provided by Trexity or an authorized supplier, Trexity grants you a limited license to do so. This is solely to help Merchants and Recipients identify you as someone delivering via the Trexity platform.

You agree not to:

1. Use non-authorized Trexity-branded materials.

2. Buy, sell, or distribute any Trexity-branded items unless they are authorized.

3. Offer branded items for sale or transfer without Trexity’s written approval.

9. PRIVACY AND CONFIDENTIALITY

Trexity Inc will handle your personal information according to the terms in its Privacy Notice. This includes how your data is collected, used, and processed—especially your location data, which is required for the Driver App to work properly.

You must also comply with all applicable privacy and data protection laws when delivering and using the platform.

Trexity Inc is headquartered in Canada and may use service providers that operate in other countries. Your personal information may be transferred to the United States or other locations where privacy laws may not be as protective as those in your province, or country

Confidential Information

While using the platform, you may receive confidential information from Trexity Inc or its partners, such as:

•Personal Data

•Trexity Data

•Merchant and Recipient information (e.g., names, addresses)

•Item details

•Any other non-public or sensitive info

You agree to keep this information confidential and only use it:

•To perform your delivery duties

•To fulfill your obligations under this Agreement

•When required by law

You are responsible for safeguarding your Driver App login and access credentials. This includes passwords, login details, and Stripe accounts. You agree not to share them with anyone (except when delegating as allowed in Section 4.2).

If you believe someone has accessed your account or information improperly, you must:

1. Notify Trexity Inc immediately

2. Change your password to secure your account

Trexity Inc is not responsible for any losses resulting from your account being compromised (e.g., phishing).

For account security tips, visit the Trexity support site.

Trexity Inc may contact you by email, phone, or text (including through automated systems) using the contact details in your Driver Account.

10. REPRESENTATIONS AND WARRANTIES

10.1. Your Commitments

Throughout the term of this Agreement, you represent and warrant that:

•You have full legal authority and capacity to enter into and perform under this Agreement.

•You are legally competent to be bound by this Agreement.

•You are not (and will not be) bound by any other agreement that would conflict with your obligations here.

•You will comply with all applicable laws while providing Delivery Services.

•All information you provide to Trexity Inc (such as business name, tax info, or other requested details) is accurate, complete, and up to date.

10.2. General Disclaimer

You understand and agree that:

•Trexity Inc does not guarantee how many delivery Requests you’ll receive or how much work will be available through the Driver App.

•Trexity provides the platform and app “as is” and “as available.”

Specifically, Trexity makes no promises or warranties about:

•The availability, uptime, or uninterrupted operation of the Driver App.

•Accuracy, completeness, reliability, or security of the app or data.

•Error-free operation or that defects will be fixed.

•The platform being virus-free or technically flawless.

•Delivery Requests being available in your region at all times.

You also acknowledge that access may be interrupted by:

•Scheduled maintenance

•Network or internet issues

•Regulatory changes that affect operations in certain areas

Trexity Inc is not responsible for the actions or inactions of Merchants or Delivery Recipients.

From time to time, third parties may offer services through the Trexity Platform. If you use them:

•You may be subject to additional terms and pricing from those third-party providers.

•Trexity Inc is not liable for any issues or liabilities arising from those services—they are your responsibility.

11. INDEMNIFICATION

You agree to indemnify and defend Trexity Inc, its affiliates, and their directors, officers, employees, and agents from any liabilities arising from:

1. Your failure to comply with this Agreement

2. Your violation of applicable laws

3. Any third-party claims related to your Delivery Services or use of the Trexity Platform

If Trexity Inc is found to have directly caused or contributed to the issue, your liability will be reduced proportionally.

12. LIMITATION OF LIABILITY

Trexity Inc and its affiliates are not liable for:

•Indirect, incidental, punitive, or special damages

•Property damage or data loss

•Loss of revenue, profits, or business

•Any other economic or personal losses related to your delivery work or app usage

The only exception: Trexity Inc’s obligation to pay you amounts due under Section 6.4 [Payments].

Even then, the maximum total liability Trexity Inc will ever owe you is capped at the total Delivery Fees actually paid to you in the 6 months before the issue occurred.

13. TERMINATION

13.1. By You

You’re free to stop using the Driver App at any time, without notice. You may also terminate this Agreement at any time, no advance notice required. Once self-terminated, the Trexity Inc Driver App will not be usable, and access will be lost.

13.2. By Trexity Inc

Trexity Inc may terminate this Agreement for any reason, acting reasonably and in good faith, by giving you 7 days’ written notice.

It may also immediately restrict or deactivate your Driver App access and provide written notice if:

• You commit a material breach of this Agreement

Trexity Inc may immediately restrict or deactivate your access if:

• In Trexity’s reasonable judgment, your actions violate the Community Guidelinesor could harm its reputation, brand, or safety standards.

Examples of Material Breaches

Material breaches of this Agreement include (but are not limited to):

1. Violating human rights obligations

2. Fraud

3. Theft of items

4. Reports of physical violence while using the Driver App

5. Reports of sexual misconduct while using the Driver App

6. Failing to notify Trexity Inc of material changes to your licenses, permits, insurance, or other details (as outlined in Sections 5.1, 5.2, and 7)

7. Not following laws and conditions around Regulated Item deliveries (Section 4.5)

Trexity Inc may temporarily restrict access while it investigates a possible breach. In some cases, it may not share details with you if an internal or third-party (e.g., police) investigation is underway.

13.3. Effect of Termination

The following sections will continue to apply even after this Agreement ends:

• 1 (Binding contract)

• 4.3(b) (Driver Account is personal)

• 6.3 (Adjustments to Delivery Fee)

• 6.4(d)-(f) (Payment errors and withholding)

• 6.5 (Sales Tax and other taxes)

• 7(a)-(h) (Insurance – if coverage is still legally required)

• 8.1–8.3 (Intellectual Property)

• 9 (Privacy and Confidentiality)

• 10.2 (General Disclaimer)

• 11 (Indemnification)

• 12 (Limitation of Liability)

• 13.3 (Effect of Termination)

• 14 (Governing Law)

• 15 (Arbitration)

Any outstanding payments Trexity Inc owes under Section 6.4 will still be paid—except when related to fraud committed by you. In those cases, payments may be withheld.

Once terminated, you’ll lose access to the Trexity Platform.

14. GOVERNING LAW

This Agreement (including any Addenda) is governed by the laws of Ontario, Canada, excluding conflict of laws rules.

The Vienna Convention on the International Sale of Goods (CISG) does not apply.

15. ARBITRATION REQUIREMENT

IMPORTANT

Please read this section carefully. It requires you to resolve disputes individually through arbitration, not in court. By agreeing, you:

•Waive participation in class actions or collective proceedings.

•Can still bring your own individual claims in arbitration.

You can opt out of arbitration by following the steps outlined below.

Your right to opt out of this arbitration provision

(a) Agreeing to the arbitration provision in this section 15 is not a mandatory condition of your contractual relationship with Trexity Inc. If you do not want to be subject to this section 15, you can opt out of this arbitration provision as set out here. To do so, within 30 days of the date that this Agreement is electronically accepted by you, you must send an email from the email address associated with your Driver Account to drive@trexity.com, stating your intent to opt out of the arbitration provision in this section 15, as well as your name, the phone number associated with your Driver Account, and the city in which you reside.

(b) Your email may opt out for yourself only, and any email that tries to opt out anyone other than yourself will be void as to any others. Should you not opt out of this section 15 within the 30-day period, you and Trexity Inc will be bound by the terms of this section 15. You will not be subject to retaliation if you exercise your right to opt out of this section 15.

(c) Your acceptance of this Agreement or your decision to opt out of this section 15 does not affect any obligation you have to arbitrate disputes pursuant to any other agreement you have with Trexity Inc or their Affiliates. Likewise, your acceptance of or decision to opt out of any other arbitration agreement you have with Trexity Inc or their Affiliates does not affect any obligation you have to arbitrate claims pursuant to this section 15

15.1. When Arbitration Applies

(a) All disputes related to this Agreement—or any legal relationship derived from it—must be resolved by individual arbitration, under the Arbitration Rules (ADRIC Rules) of the ADR Institute of Canada, Inc. (ADRIC), with some modifications listed here.

(b) You can find the ADRIC Rules by searching online for “ADRIC Arbitration Rules” or visiting www.adric.ca, or by calling 1-877-475-4353.

(d) The arbitration hearings can happen by phone, video call, email, or any method the arbitrator agrees to. They may also select the location they feel is appropriate.

(e) You have the right to speak with a lawyer about this clause and to be represented by legal counsel during any part of the arbitration.

15.2. Enforceability

If any part of Section 15 is unenforceable, the rest will still apply.

This section remains valid even after your relationship with Trexity Inc ends, and still applies if the relationship is renewed in the future.

If a court decides that a part of your dispute must go to court, only that portion will be litigated. The rest will still be handled through arbitration.

This arbitration clause also applies to any dispute regarding:

•The formation, enforceability, or interpretation of Section 15

•Whether Section 15 is void, valid, waived, revocable, or conscionable

Even disputes about the validity of this arbitration clause itself must be resolved by the arbitrator.

15.3. Limitations to the Arbitration Requirement

You are still allowed to:

•File a complaint with a government agency

•Let that agency investigate or decide on your claim

•Seek remedies through the agency process

If your claim involves sexual assault or harassment, you can choose to bring it to court instead of arbitration. Trexity Inc will respect that choice.

However, the class action waiver (explained in 15.5) still applies to any claim—even those brought in court.

15.4. How to Start Arbitration

Before starting arbitration through ADRIC:

1. The party making the claim must submit a Notice of Request to Arbitrate within the same time limit as if it were filed in court (based on your province or Ontario if you live outside Canada).

2. This notice must include:

•Contact information

•A description of the legal and factual basis of the claim

•The remedy and any monetary amount sought

This notice must be sent as outlined in the notice process (Section 16.1).

Before filing that notice with ADRIC:

•The party must try to negotiate in good faith for at least 30 days, and up to 45 days (unless extended by mutual agreement).

•During this time, the legal deadline to file (limitation period) is paused.

•If no resolution is reached during this window, the party may then proceed to arbitration.

To officially begin arbitration, the party bringing the claim must:

1. Deliver the Notice of Request to Arbitrate to ADRIC.

2. Pay their share of the initial arbitration filing fee.

15.5. Arbitration Fees

•You will only be responsible for initial filing fees up to the cost of filing a lawsuit in your provincial or territorial superior court (or in Ontario, if you live outside Canada).

•If ADRIC’s fees are higher, Trexity Inc will cover the difference after you pay your portion.

•Trexity Inc will also cover:

•The arbitrator’s fees (where legally required)

•Any fees that are unique to arbitration

•If law doesn’t require Trexity Inc to pay, then fees will be shared as legally appropriate, and any disagreement about costs will be settled by the arbitrator.

15.6. Class Action Waiver

This Agreement affects your ability to join class actions:

•You and Trexity Inc agree to resolve all disputes individually, not as part of a class, group, or collective action.

•You may not bring or participate in any class/collective arbitration or lawsuit related to this Agreement.

If a court decides that a part of your claim must proceed as a class action, that portion may go to court—but anything still covered by this arbitration clause will remain in individual arbitration.

15.7. Opting Out of Arbitration

Arbitration is not mandatory. If you don’t want to be bound by Section 15, you can opt out within 30 days of accepting this Agreement.

To do so:

•Send an email from your Driver Account email to:

support@trexity.com

• Include:

• Your name

• Phone number associated with your Driver Account

• The city where you live

• A statement that you’re opting out of Section 15

• You can only opt out for yourself. Any attempt to opt out on behalf of others will be invalid.

• If you don’t opt out within 30 days, you’ll be bound by this arbitration clause.

• Trexity Inc will not retaliate against you for opting out.

Note: Opting out of this arbitration clause does not affect any obligation you may have under other arbitration agreements you’ve signed with Trexity or its affiliates—and vice versa.

Transitional Clause

If you previously had a delivery agreement with another Trexity affiliate (e.g., Uber Portier B.V.) and opted out of arbitration under that agreement, Trexity Inc will honor that prior opt-out. You do not need to opt out again.

16. GENERAL PROVISIONS

16.1. Notices

Send official notices to Trexity Inc at:

99 Bank St Suite 1420

Ottawa, ON K1P 1H4

(Canada) — or any updated address provided by Trexity.

Trexity may send notices to you via:

• Email (to the address linked to your Driver Account)

• The Driver App portal

These are considered delivered once sent or posted.

16.2. Agreement Modifications

Trexity Inc may update, replace, or modify this Agreement—including:

• The Terms

• Addenda

• Community Guidelines

• Related documents

Changes may be shared via:

• The Driver App

• A hyperlink

• Trexity’s website

If the changes are materially detrimental, Trexity will give you at least 7 days’ notice—except for specific sections noted in 1(b)(i), 1(b)(iii), 1(b)(iv), and 16.3.

If you continue using the Driver App after changes go into effect, you are considered to have accepted the updates.