Terms & Conditions

Anubis Terms and Conditions

Effective Date: To be inserted. These terms govern the use of the Kiss My Asfalt platform operated by Anubis Innovations, LLC.

DBA: Kiss My Asfalt (KMA) TDLR permit information available upon request Mobile and web platform
Legal notice: By accessing or using the platform, you agree to these terms. If you do not agree, do not use the service.

Table of Contents

1. Introduction

Welcome to the Kiss My Asfalt mobile and web-based application operated by Anubis Innovations, LLC, a Texas limited liability company. These Terms and Conditions are a legally binding agreement between you and Anubis governing your access to and use of the KMA Platform and Services.

By accessing or using the Platform or Services, you acknowledge that you have read, understood, and agree to be bound by these Terms.

2. Definitions

  • Company / KMA / Anubis: Anubis Innovations, LLC and its related representatives and affiliates.
  • Platform: The digital network, mobile application, and web-based application operated by Anubis.
  • Services: The operation and maintenance of the Platform to enable connections between Riders and Drivers.
  • Transportation Services: The actual transportation services rendered by Drivers to Riders.
  • User: Any person who accesses or uses the Platform.
  • Rider: A person seeking transportation through the Platform.
  • Driver: An independent transportation provider offering Transportation Services through the Platform.
  • TDLR: Texas Department of Licensing and Regulation.
  • TNC: Transportation Network Company under Texas law.

3. The Anubis Platform and Services

  • The Platform connects Riders with independent Drivers.
  • Anubis only operates and maintains the Platform.
  • Transportation Services are provided by independent Drivers, not by Anubis.
  • Rider and Driver form a separate contractual relationship when a ride is accepted.

4. Eligibility and Account Requirements

  • You must be at least 21 years old and legally capable of entering this agreement.
  • Each User may create only one account.
  • You agree to keep your information accurate and up to date.
  • The Platform is intended for Users 18 years or older.
  • Minors under 18 may only use the Services when accompanied by a parent or legal guardian who is the registered account holder and is physically present throughout the ride.
  • Unaccompanied minors are strictly prohibited from using the Services.

5. User Conduct and Requirements

  • You must comply with all applicable laws and these Terms.
  • Parents and guardians are responsible for child restraint compliance where required by law.
  • Drivers may refuse rides when child restraints are not provided or properly installed.
  • Animals may be transported subject to the Driver's discretion, and Users are liable for any damage or mess.
  • Users must report incidents or accidents within 24 hours and cooperate with investigations.

6. Fees and Payments

  • Users agree to pay all applicable fees and charges disclosed through the Platform.
  • Drivers receive 90% of the ride service fee.
  • Anubis may charge a platform fee of up to 10% of the ride service fee.
  • A $1 app subscription fee applies per operational day, charged on the first accepted trip.
  • Additional charges may include tolls, airport fees, cancellation fees, waiting time, payment processing, and related costs.
  • Payment is electronic only; cash is not accepted.

Cancellation and refund handling is subject to the Platform rules and may depend on the timing of the cancellation.

7. Audio Recording Policy

  • By using the Platform, you expressly consent to automatic audio recording of rides for safety, security, and dispute resolution.
  • Recordings are triggered automatically when a ride begins and continue until the ride ends.
  • Recordings are encrypted and retained for a limited period, or longer if needed for disputes or legal proceedings.
  • Users may request access to recordings by contacting support.

8. Insurance Coverage

Coverage depends on the ride period and the Driver's activity status. The following summary reflects the policy structure described in the document.

Period Description Coverage Summary
Period 1 Driver logged on, available, and no passenger in the vehicle. Commercial auto coverage including bodily injury, property damage, and uninsured/underinsured motorist coverage as required by Texas law.
Periods 2 & 3 Driver en route to passenger or passenger in the vehicle. Higher combined single limit coverage for death, bodily injury, and property damage, plus uninsured/underinsured motorist coverage as required by Texas law.

Anubis's commercial automobile insurance provides secondary and excess coverage above the Driver's personal policy during platform activity.

9. TDLR Permit and Regulatory Compliance

  • Anubis operates as a Transportation Network Company under Texas Occupations Code Chapter 2402.
  • Permit documentation is maintained in compliance with TDLR requirements and is available upon request.
  • Anubis complies with applicable Texas laws, including TNC regulations, insurance rules, transportation rules, and privacy and electronic signature laws.
Note: TDLR permit number is listed as available upon request and should be displayed after final permit issuance.

10. Dispute Resolution

  • Eligible disputes may go through the platform's internal jury mode review first.
  • Binding arbitration is administered by the American Arbitration Association.
  • Arbitration venue is Travis County, Texas, or Rider's county of residence for Rider disputes.
  • Small claims court remains available as an exception.
  • Users may opt out of arbitration by written notice within 7 days of first becoming subject to these Terms.

11. Termination and Appeal Rights

  • Anubis may terminate access for cause immediately or on notice for convenience.
  • Users may terminate at any time via in-app request.
  • There is a 7-day appeal period for terminations.
  • Appeals may be submitted through in-app support or by email.
  • Pending payments are resolved within 14 days, subject to survival clauses.

12. Intellectual Property

  • Anubis exclusively owns the Platform and its intellectual property.
  • User submissions may become the property of Anubis unless otherwise agreed.
  • Drivers may receive a limited, revocable license to use Anubis marks on authorized materials only.
  • Users may not use Anubis marks without written consent.

13. Restricted Activities

  • Do not impersonate others, harass anyone, or violate laws.
  • Do not post fraudulent, abusive, obscene, or illegal content.
  • Do not transmit malicious code or manipulate identifiers.
  • Do not transfer or share your account.
  • Do not discriminate or harass based on protected characteristics.
  • Notify Anubis immediately if you suspect unauthorized account use or a security breach.

14. Data Privacy and Breach Notification

  • Anubis collects and uses User data as described in the Privacy Policy and in compliance with applicable Texas law.
  • Data breach notifications will be issued as required by applicable law.
  • Electronic signatures are valid and enforceable under applicable Texas law.
  • Audio recordings are subject to the retention and access rules described in Section 7.

15. Zero-Tolerance Policy

  • Drivers must not provide rides while under the influence of alcohol, drugs, or intoxicating substances.
  • Users may report violations through the Platform or by email.
  • Complaints are investigated based on available evidence.
  • Enforcement actions follow consistent and objective criteria.
  • The zero-tolerance policy is posted on the safety page.

16. Limitation of Liability

  • Anubis's liability for ordinary negligence is limited to the fare amount for the specific ride.
  • Limitations do not apply to willful misconduct, recklessness, intentional misconduct, or violations of non-waivable rights.
  • Anubis is not liable for third-party actions unless it fails to follow stated safety protocols.

17. Indemnification

You agree to indemnify and hold harmless Anubis and its affiliates from claims, losses, liabilities, or expenses arising from your use of the Services, your breach of these Terms, or your violation of third-party rights.

18. Governing Law and Jurisdiction

These Terms are governed by Texas law, and exclusive jurisdiction and venue are in the state and federal courts in Travis County, Texas, except as otherwise provided in the arbitration agreement.

19. Force Majeure

Performance may be suspended without liability due to unforeseeable events beyond control, including acts of God, war, government actions, pandemics, or telecommunications failures.

20. Miscellaneous Provisions

  • Invalid provisions do not affect the remainder of the Terms.
  • You may not assign these Terms without written consent.
  • These Terms and any Supplemental Terms form the entire agreement.
  • Anubis may provide notice via the Platform, email, or other reasonable means.

21. Vehicle Standards

  • Drivers must use vehicles with valid registration and meet Texas inspection standards.
  • Vehicles must have four doors and seating for up to seven passengers including the driver.
  • Vehicles must be no older than 12 model years.
  • Drivers should accommodate service animals and, where feasible, provide wheelchair-accessible options.

22. Contact Information

For questions, support, or legal notices, please contact the company using the official contact details provided by the Platform.

  • Company: Anubis Innovations, LLC
  • DBA: Kiss My Asfalt (KMA)
  • Email: support@kissmyasfalt.com