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Customer Terms

Last updated: 1 June 2024

1. Introduction

1.1 These Customer Terms and Conditions (“Customer Terms”) will apply, including to all Sonder Services, from the beginning of our relationship with you which occurs on the earlier of you:

(a) using any of the Sonder Services;

(b) signing a Customer Agreement; or

1.2 Please read these Customer Terms carefully as they are legally binding upon you.

1.3 When reference is made to “we” or “us” or “our” in these Customer Terms, it means Sonder. When reference is made to “you” or “your” in these Customer Terms, it means you as the Customer.

1.4 Where there is any inconsistency between these Customer Terms and the Customer Agreement, the terms and conditions of the Customer Agreement prevail over these Customer Terms to the extent of the inconsistency.

2. Sonder Services

2.1 Subject to you paying the Subscription Fees in accordance with clause 4, we will provide the Sonder Services to you during the Term in accordance with the Customer Agreement and these Customer Terms.

3. Privacy and Confidentiality

3.1 Sonder will treat all Customer Data as Confidential Information, unless otherwise advised by the Customer or an exception exists at law.

3.2 Where the Customer Data contains Personal Information, Personal Data, Sensitive Data or Sensitive Information (together, “Protected Information”), and the Protected Information is created, uploaded, stored, or transmitted by or to the Sonder Services, the parties must each take reasonable steps to safeguard the Protected Information in accordance with the applicable Privacy Laws. Each party agrees to comply with, and use reasonable endeavours to ensure that its personnel (including officers, employees and subcontractors), comply with the requirements of this clause.

3.3 Sonder’s Privacy Policy sets out in detail how we collect, use and store Protected Information.

3.4 Each party (“Recipient”) agrees at all times during and for so long as is legally permissible after the termination of these Customer Terms to keep confidential the Confidential Information of the other party and will not disclose or discuss it without the prior written approval of that other party, except:

(a) as specifically provided by these Customer Terms;

(b) to the extent required or permitted by law; or

3.5 In the event of any unauthorised access to or disclosure of, or any loss of, any Customer Data (“Privacy Incident”), Sonder must:

(a) notify the Customer (providing timely updates as available), except for providing information of which Sonder is not permitted to disclose to the Customer or which would cause the Customer or Sonder to be in breach of applicable privacy and data protection laws, or regulatory obligations;

(b) conduct a reasonable and expeditious investigation and assessment of the Privacy Incident;

(c) co-operate with the Customer’s requests for responding to and remediating the Privacy Incident, provided those requests are reasonably made for ensuring compliance with Privacy Laws, co-operation with regulatory authorities or protection of reputation; and

(d) not make or publish any statement, communication, filing, notice, press release or report concerning a Privacy Incident, including contacting any regulatory authority, without first providing such notice to Customer, except where otherwise required to do so by law.

3.6 Sonder must:

(a) maintain and enforce safety and security procedures and safeguards (including safeguards against the access to, and destruction, loss, disclosure, alteration or unauthorised use of, Customer Data);

(b) ensure that access to the Customer Data is restricted to personnel of Sonder who require access in order for Sonder to perform its obligations under this Agreement; and

(c) promptly comply with any reasonable written request by the Customer to destroy the Customer Data and provide written confirmation of the same, except where this would cause Sonder to be in breach of any Privacy Laws, regulatory obligations, or obligations to an End User.

3.7 You acknowledge and agree that Sonder may collect and use aggregated and de-identified data derived from your use of the Sonder Services for the purposes of improving and enhancing our services, developing new features, and conducting statistical analysis. This aggregated data will not identify you, your End Users, or any specific individuals and will be used in compliance with applicable Privacy Laws.

4. Payments and Invoicing

4.1 You are required to pay the Subscription Fees due to Sonder in accordance with the terms set out in the Customer Agreement.

4.2 In the event of a failure to make a payment when due, you acknowledge and agree that Sonder reserves the right to charge you interest on the overdue amount. The interest will be charged at the rate of 3% per month, or the highest rate allowed by law. This interest will accrue daily on the outstanding balance from the due date until the entire amount is paid in full.

4.3 If Sonder incurs any legal or other expenses (including, but not limited to, legal fees or costs related to a debt collection agency) in order to obtain, or attempt to obtain, payment for any amount due by you, you will be liable for such expenses and must reimburse Sonder upon request.

4.4 If you wish to dispute any invoice (or a part of any invoice), you must provide a written notice to Sonder within 7 days of the receipt of the relevant invoice. This notice must include a detailed explanation of the dispute. Both parties shall attempt, in good faith, to resolve such disputes as soon as reasonably practicable. However, this clause does not exempt you from the obligation to pay any undisputed portions of such an invoice during the dispute resolution period.

4.5 You acknowledge and agree that Sonder reserves the right to annually increase the Subscription Fees to ensure the continued quality and enhancement of the Sonder Services and to account for inflationary changes. The increase will be the greater of 5% or the Consumer Price Index increase in your jurisdiction over the preceding twelve months (“CPI Adjustment”).

4.6 You acknowledge and agree that any payment of the Subscription Fees by credit card will incur a 2.5% processing fee.

5. Customer Responsibilities

5.1 You must:

(a) provide reasonable assistance to us with respect to the provision of the Sonder Services;

(b) comply with our reasonable directions and instructions, or those of our authorised third party services provider(s) where relevant, in relation to the use of the Sonder Services;

(c) provide us with access to all facilities and information, including Customer Data, within your possession or control which is reasonably required by us for the purpose of the performance of the Sonder Services; and

(d) immediately notify us in writing if you are aware of a breach or threatened breach of the Intellectual Property Rights in the Sonder Services, unauthorised access to the Sonder Services, a breach of any security measures contained in the Sonder Services and/or the introduction of any Harmful Effects to the Sonder Services.

5.2 You must not, directly or indirectly:

(a) erase or falsify any information or data, including the Customer Data;

(b) unreasonably obstruct, or risk the obstruction of, the provision of the Sonder Services to an End User;

(c) provide any third party with access or use of the Sonder Services other than as expressly permitted under the Customer Agreement or these Customer Terms;

(d) assign, transfer, sell, lease, license or sub-license the Sonder Services to any third party;

(e) copy, reproduce, distribute, publish or transmit the Sonder Services in any manner or for any purpose not expressly authorised by these Customer Terms;

(f) reverse-engineer, decompile, translate or disassemble the Sonder Services;

(g) bypass, or attempt to bypass, any security features of the Sonder Services, or introduce, upload or transmit any Harmful Effects to the Sonder Services;

(h) make any representations to a third party or the public in regard to the Sonder Services that are inconsistent or misleading in comparison with the matters set out in these Customer Terms;

(i) unlawfully discriminate against, defame, slander or undermine the good name of Sonder or an authorised third party services provider, or facilitate, assist or encourage such conduct by a third party; or

(j) remove or interfere with any copyright or trade mark notices contained on the Sonder Services.

6. Intellectual Property and Licence

6.1 You acknowledge that Sonder owns the Sonder IP.

6.2 Sonder grants you a non-exclusive, revocable, non-transferable and non-sub-licensable licence to use the Sonder IP during the Term for the purpose of using the Sonder Services.

6.3 You grant (or will procure for) Sonder a worldwide, non-exclusive, royalty free, perpetual, transferable licence to use, modify, reformat and distribute the Customer Data for the purpose of Sonder performing its obligations under the Customer Agreement.

7. Warranties, Disclaimers, and Indemnities

7.1 Each party warrants, represents, and undertakes to the other that it has the full right, power, and authority to enter into and perform these Customer Terms and to grant and license all rights and benefits outlined in these Customer Terms

7.2 Sonder warrants, represents and undertakes that:

(a) the Sonder App will perform substantially in conformance with the specifications and documentation provided to Customer;

(b) the Sonder Services will be provided:

(i) in an efficient and professional manner, in accordance with generally accepted professional and business practices;

(ii) in compliance with all laws; and

(iii) using appropriately trained and skilled personnel,

(c) it has obtained, and will maintain, any licences, consents, approvals and authorisations required to provide the Sonder Services.

7.3 You warrant, represent and undertake that you will:

(a) not knowingly do anything which violates or infringes the rights, title, or interest, including the Intellectual Property Rights, of Sonder;

(b) not knowingly do anything which may embarrass Sonder or bring Sonder into disrepute; and

(c) comply with any applicable laws, regulations, standards, and guidelines applicable to the provision or use of the Sonder Services as the case may be.

7.4 In relation to the Customer Data, you warrant at all times that:

(a) you have the necessary legal rights, consent, authority or permission to provide or make available the Customer Data to Sonder, or for Sonder to otherwise use the Customer Data, for the purposes of these Customer Terms and providing the Sonder Services;

(b) the Customer Data will be provided in a form that is reasonably acceptable by Sonder and/or as required by the Sonder Services; and

(c) Sonder’s use of the Customer Data with the Sonder Services will not infringe the rights of any third party or otherwise give rise to any liability to, or claims by, a third party.

7.5 You acknowledge and agree that:

(a) prior to entering into these Customer Terms, you have conducted your own research and review of the Sonder Services, and have not relied on any representations regarding the Sonder Services that are not expressly stated in these Customer Terms or any Customer Agreement;

(b) the performance, quality, accuracy, relevance, and/or reliability of the Sonder Services may be influenced by several factors beyond Sonder’s control. These factors include, but are not limited to, the behaviour of End Users, goods and/or services provided by third parties, availability of resources (such as internet, telephone, or global-positioning service or system), the location of End Users, the availability of emergency services, and other unforeseen circumstances;

(c) Sonder’s responsibilities do not extend to providing any hardware, software (aside from access to the Sonder App), or any other services (including internet and telephone services) necessary for the Customer or an End User to utilise the Sonder Services;

(d) utilisation of the Sonder Services or agreement to these Customer Terms does not guarantee an increase in your business, revenue, profits, sales, or reputation;

(e) use of the Sonder Services does not guarantee the achievement or attainment of a specific result;

(f) the Sonder Services do not guarantee the safety, health (physical, mental, or psychological), or welfare of any individual or the protection of any individual from harm or injury, whether physical, mental, or psychological;

(g) the Sonder Services do not guarantee the protection of any property from loss or damage, or the avoidance of any economic loss;

(h) the Sonder Services should not be regarded as a substitute or replacement for other goods or services that may be required based on the circumstances, including emergency services, medical services, or any other professional services; and

(i) all rights, title, and interests, including Intellectual Property Rights in the Sonder Services and the Sonder App, are reserved to Sonder.

7.6 You will defend, indemnify and hold harmless Sonder (and its Affiliates, officers, directors, agents and employees) from and against any and all Claims (including reasonable legal fees and costs) directly arising from or related to your breach (or alleged breach) of this clause 7.

7.7 Sonder will defend, indemnify and hold harmless the Customer (and its Affiliates, officers, directors, agents and employees) from and against any and all Claims (including reasonable legal fees and costs) directly arising from your use of the Sonder Services (including the Sonder App) infringing the Intellectual Property Rights of any third party.

8. Limitation of Liability

8.1 To the maximum extent permitted by law, all express or implied representations, conditions, statutory guarantees, warranties, and provisions that are not expressly contained in these Customer Terms are excluded.

8.2 Due to the nature of the Sonder Services, Sonder cannot warrant or guarantee that the Sonder Services will be free from interruption, downtime, or error. To the extent there is such an interruption, downtime or error, the Customer’s sole and only relief or remedy is, where reasonably appropriate, for Sonder to rectify the error as soon as reasonably practicable and investigate and introduce (if reasonable in the circumstances) measures to prevent the recurrence of such an interruption, downtime, or error in the future.

8.3 To the maximum extent permitted by law, the maximum aggregate liability of either party for all Claims arising from, or in relation to, these Customer Terms, the Sonder Services and/or the act or omission of either party, shall under no circumstances exceed the maximum potential Subscription Fees payable by the Customer for the entirety of the Term. This clause 8.3 does not apply with respect to:

(a) the Customer’s liability to pay the Subscription Fees to Sonder, or any Claims that Sonder may have against the Customer in relation to the payment of the Subscription Fees;

(b) the Customer’s or Sonder’s indemnification obligations, which shall be limited to the 10 times the Subscription Fees paid by the Customer to Sonder in the 12 months prior to the date of the Claim;

(d) any fraudulent or wilful misconduct by the other party; or

(e) any other liability which cannot be limited or excluded by law.

8.4 In no event will either party have any liability to the other in contract, tort (including negligence) or otherwise arising under on connection with the Agreement, and the other party waives and releases any Claims it might otherwise have to be compensated for in respect of any of the following:

(a) loss of revenue, loss of profit, loss of goodwill, loss of reputation, loss of anticipated savings, loss of business, loss of contracts, loss of, or corruption to, data; and

(b) any other indirect, special or consequential loss or damage.

8.5 You acknowledge and agree that we shall not be liable for any damage or loss suffered by the you, an End User or anyone else as a result of the failure or unavailability of the Sonder Services as a result of or caused by (although not being the sole cause) any of the following:

(a) scheduled maintenance outside Business Hours, emergency maintenance during Business Hours or any other scheduled update, upgrade or patching of the Sonder Services;

(b) a breach of these Customer Terms by the Customer or an End User;

(d) the use of the Sonder Services or the Customer Data by unauthorised third parties not due to a breach by Sonder of these Customer Terms; or

(e) orders from government or judicial institutions to halt business activities.

8.6 Both parties shall use their reasonable endeavours to mitigate any loss, damage, liability, expenses, and costs suffered by them under or arising out of these Customer Terms.

9. Termination

9.1 An “Event of Default” occurs:

(a) in relation to the Customer, if:

(i) the Customer breaches these Customer Terms and such breach is either incapable of remedy or the Customer fails to remedy such breach (and provide satisfactory evidence of such remedy to Sonder) within 30 days of receiving a notice in writing from Sonder specifying the breach;

(ii) the Customer has not made a payment due under these Customer Terms by the relevant due date or time for payment, the Customer is given notice of such failure to pay, and fails to make the due payment within 7 days of receipt of such notice, except to the extent that the Customer has raised a bona fide dispute in relation to the relevant invoice;

(iii) the Customer has a liquidator or provisional liquidator appointed to it;

(iv) the Customer resolves to wind up or is subject to an order to wind up (other than for voluntary reconstruction);

(v) the Customer cannot pay its debts as they become due;

(vi) the Customer ceases to carry on business; or

(vii) a court or tribunal makes an order that the Customer be wound up in insolvency, unless the Customer successfully appeals such order; and

(b) in relation to Sonder, if:

(i) Sonder breaches these Customer Terms, and such breach is either incapable of remedy or Sonder fails to remedy such breach within 30 days of receiving a notice in writing from the Customer specifying the breach and the action required of Sonder to remedy the breach;

(ii) Sonder has a liquidator or provisional liquidator appointed to it;

(iii) Sonder resolves to wind up or is subject to an order to wind up (other than for voluntary reconstruction); or

(iv) a court or tribunal makes an order that Sonder be wound up in insolvency unless Sonder successfully appeals such order.

9.2 Where an Event of Default occurs in relation to a party, the other party may terminate these Customer Terms by notice in writing to the party in respect of whom an Event of Default has occurred, and such termination becomes effective on the date that the notice is sent to the relevant party.

9.3 Upon termination or expiration of these Customer Terms for whatever reason:

(a) you must immediately stop using the Sonder Services, and Sonder will be entitled to take all action as required that will result in the Customer (and any End Users) no longer being able to access or use the Sonder Services;

(b) the Customer must pay Sonder any Subscription Fees due and payable to Sonder under these Customer Terms or the Customer Agreement;

(d) Sonder may retain the Customer Data to the extent required by any law or regulation; and

(e) Sonder will not have any further obligations to the Customer under these Customer Terms or the Customer Agreement.

10. Dispute Resolution

10.1 In the event of a dispute or claim (“Dispute”), arising out of or in connection with these Customer Terms, the party raising such Dispute must promptly notify the other party of the Dispute by serving a notice on the other party setting out detailed particulars of the Dispute.

10.2 The parties agree that in the event of a Dispute, a party must not commence any court or arbitration proceedings relating to the Dispute until it has made reasonable attempts to resolve the Dispute with the other party, and not, in any case, before the expiration of 21 days after the Dispute was notified to the other party.

10.3 Nothing in this clause prejudices the right of either party to seek urgent injunctive, interlocutory, or declaratory relief from a court in connection with the Dispute without first having to attempt to resolve the Dispute in accordance with this clause.

10.4 This clause does not apply in relation to any disputes arising from the payment or non-payment of any Subscription Fees under these Customer Terms.

11. Marketing and Promotion

11.1 A party must obtain the other party’s prior written approval before it incorporates references to the other party in the first party’s own marketing and/or promotional materials, including providing a copy of any proposed materials and a description of how such materials will be used or published.

12. Relationship of Parties

Sonder’s relationship with the Customer will be that of independent contractor and supplier. Neither Sonder nor Customer will have (and will not represent that it has) any power, right or authority to bind the other, or to assume or create any obligation or responsibility, express or implied, on behalf of the other or in the other’s name. Nothing stated in these Customer Terms will be construed as constituting Sonder and Customer as partners, or as creating the relationship of employer and employee, master and servant or principal and agent between Sonder and Customer.

13. Non-Exclusivity

For the avoidance of doubt, the Sonder Services are not provided to the Customer on an exclusive basis and Sonder may provide the Sonder Services, or services similar to the Sonder Services, to any other third party which Sonder deems appropriate without notice or liability to the Customer whatsoever.

14. Force Majeure

14.1 Notwithstanding any other provision in these Customer Terms, no default, delay, or failure to perform on the part of any party will be considered a breach of these Customer Terms if such default, delay, or failure to perform is shown to be due to causes beyond the reasonable control of the party charged with such default, including a Force Majeure Event.

14.2 In the case of the happening of any such Force Majeure Event preventing a party from performing any of its obligations under these Customer Terms:

(a) that party must, as soon as reasonably practicable, notify the other party of the Force Majeure Event and take all reasonable steps to minimise disruption; and

(b) the time for performance required by that party under these Customer Terms will be extended for any period during which performance is prevented by the event.

14.3 If a Force Majeure Event prevents a party from performing its obligations to a material degree for more than 30 consecutive days, the other party may terminate these Customer Terms by giving 10 Business Days’ written notice.

15. Notices

15.1 All notices and consents required or permitted to be given under these Customer Terms:

(a) must be in writing and given by personal service, mail (postage prepaid) or email (for which proof of sending is retained) to the parties at their address or email set out in the Customer Agreement or to such other address or email as either party may designate to the other by written notice;

(b) are deemed to be given by the sender, and received by the recipient:

(i) if delivered in person, on delivery;

(ii) if sent by email, at the date and time the email was sent, as recorded by the sender’s email server, unless the sender receives an automated delivery failure notice, in which case notice is deemed not to be given or received; or

(iii) if sent by registered post, 5 Business Days after the date it was posted.

15.2 The parties consent to giving and receiving notices electronically.

16. Assignment

16.1 Neither party may assign or otherwise transfer their rights or obligations under these Customer Terms without the prior written consent of the other party.

17. General

17.1 These Customer Terms may only be amended, supplemented, or replaced by a document in writing signed by the parties.

17.2 Each indemnity in these Customer Terms is a continuing obligation, separate from the other obligations of a party, and survives termination of these Customer Terms.

17.3 All representations and warranties in these Customer Terms will survive the execution and delivery of these Customer Terms and the completion of the transactions contemplated by it.

17.4 The terms of these Customer Terms are governed by and construed in accordance with the laws based on the State and/or country of the Customer’s headquarter (as outlined in the Customer’s address details in the Customer Agreement). If the Customer is headquartered in:

(a) Australia or a country other than New Zealand or the United Kingdom: the governing jurisdiction is the State of New South Wales, Australia and the parties submit to the exclusive jurisdiction of the courts of New South Wales, Australia;

(b) New Zealand: the governing jurisdiction is New Zealand and the parties submit to the exclusive jurisdiction of the courts of New Zealand; or

(c) United Kingdom: the governing jurisdiction is England and Wales and the parties submit to the exclusive jurisdiction of the courts of England and Wales.

17. 5 The Customer Agreement, and any subsequent variation, may be signed in counterparts. All documents, or counterparts, may be signed electronically via DocuSign or similar platform. All signed counterparts, together with any electronic transaction record, together constitute 1 document.

17.6 The Customer Agreement and these Customer Terms constitute the full and complete agreement between the parties relating to the subject matter within and supersede any and all previous agreements, understandings, negotiations and representations between the parties.

17.7 Any provision of these Customer Terms which is prohibited, unenforceable or invalid in whole or in part is only ineffective to the extent of the prohibition, unenforceability or invalidity and this does not affect the remaining part of that provision or the other provisions of these Customer Terms, which will continue in full force and effect.

18. Definitions and Interpretation

18.1 In these Customer Terms, unless the context otherwise requires or permits, terms are defined as set out below or in the Customer Agreement:

“Affiliate” means an entity which, directly or indirectly, owns or controls, is owned or is controlled by or is under common ownership or control with a party, where “control” means the power to direct the management or affairs of an entity, and “ownership” means the beneficial ownership of greater than 50% of the voting equity rights or other equivalent voting interests of the entity. Affiliate also includes any directors, officers, members, managers, agents, partners, and/or employees of the subject entity.

“Business Day” means any day that is not a Saturday, Sunday, gazetted public holiday or bank holiday in the country of the Customer’s headquarter (as outlined in the Customer’s address details in the Customer Agreement).

“Business Hours” means 9:00am to 5:00pm on a Business Day.

“Claims” means any actual or threatened claims, demands, suits, cause of actions or legal proceedings regardless of form of action, whether in contract, tort (including negligence), equity, under product liability and consumer protection legislation, under any other law or jurisdiction.

“Customer” means the entity listed in the Customer Agreement.

“Customer Agreement” means a services agreement, subscription agreement or order form.

“Customer Data” means all data and information (whether or not Confidential Information) provided to or collected by Sonder from the Customer. This data relates to the Customer’s operations, business, End Users, distributors, suppliers, personnel, consultants, advisors, assets, and transactions, in any form,and is provided to Sonder in relation to these Customer Terms.

“Confidential Information” means, in respect of each party (a “Disclosing Party”), all:

(a) information which is designated as being Confidential Information by the Disclosing Party;

(b) information which from all the relevant circumstances could reasonably be assumed by the other party to be confidential and proprietary to the Disclosing Party or to any third party with whose consent or approval the Disclosing Party uses that information;

(d) the provisions and subject matter of these Customer Terms.

“End User” has the same meaning as is defined in the Customer Agreement

“Force Majeure Event” means strikes, lock-outs, or other labour disputes, riots, civil disturbance, actions or inaction of governmental authorities, changes in the law or regulations, epidemics, pandemics, wars, embargoes, storms, floods, fires, earthquakes, acts of God or the public enemy, computer downtime (outside the control of Sonder), disruptions to public utilities, the cessation or discontinuation of a third party good or service to which the provision of the Sonder Services rely, nuclear disasters or default of a common carrier.

“Harmful Effects” means “back door”, “time bomb”, “logic bomb”, “Trojan Horse”, “worm”, “drop dead device”, “DoS attacks”, “DDoS attacks”, “virus” or any other malware, spyware or computer software routine having the effect of permitting unauthorised access to or use of any Sonder’s systems, networks or software or the Customer Data, and disabling, damaging, corrupting, interrupting or erasing, or disrupting or impairing the normal operation of any part of Sonder’s systems, networks or software or the Customer Data.

“Intellectual Property Rights” means any and all intellectual and industrial property rights subsisting in any part of the universe in any and all media (whether now known or created in the future) including, without limitation, rights in the nature of copyright, registered design or other design right, trade mark, patent rights, circuit layout rights, trade secrets and any corresponding proprietary rights (whether registered or common law) under the laws of any jurisdiction.

“Personal Information” or “Personal Data” has the same meaning as is defined in the relevant Privacy Laws.

“Privacy Laws”means the Privacy Act 1988 (Cth), Privacy Act 2020 (NZ) or the General Data Protection Regulation as set out in the Data Protection Act 2018 (UK) as applicable and as amended from time to time.

“Sensitive Information” or “Sensitive Data” has the same meaning as is defined in the relevant Privacy Laws.

“Sonder” means the Sonder entity specified in the Customer Agreement.

“Sonder App” means the Sonder-branded smartphone application and software platform that is used by Sonder to provide the Sonder Services.

“Sonder IP” means all Intellectual Property Rights owned or licensed by Sonder (including the Sonder App) and all modifications, enhancements, derivations and updates to it.

“Sonder Services” means the services to be provided by Sonder to the Customer as specified in the Customer Agreement.

“Subscription Fees” means, for the purposes of these Customer Terms, all fees, and charges payable by the Customer to Sonder under these Customer Terms, as set out in the Customer Agreement.

“Term” means the duration of the Sonder Services as defined in the Customer Agreement.

End User Terms

Last updated: 1 July 2023

1. Contractual Relationship

1.1 These End User Terms and Conditions (“End User Terms”), together with any applicable Policies:

(a) govern your access and use of the Services provided by Sonder Australia Pty Ltd (ACN 613 605 360), Sonder New Zealand Limited (New Zealand company number 7859285), Sonder UK Operations Limited (UK company number 14490908) and its subsidiaries and related group entities (collectively, “Sonder,” “us,” “our,” or “we”) for use within Australia, New Zealand, the United Kingdom, or any other country where the Services is available from time to time (each, a “Nominated Country”); and

(b) establish a legally binding agreement between you and Sonder. As a precondition for using the Services, you, as an “End User”, must carefully read and accept these End User Terms.

1.2 By accessing the Sonder App or using the Services, you expressly consent and agree to be bound by these End User Terms. If you do not accept these End User Terms, you must not access or use the Sonder App or the Services.

2. The Sonder Services

2.1 Sonder provides a platform for End Users to access support covering a comprehensive range of mental health, medical, and physical safety needs (“Sonder Services”).

2.2 Subject to these End User Terms, the Sonder Services offer support accessible 24/7 through the following three touchpoints:

(a) remotely via the Sonder App: The “Sonder App” refers to a Sonder-branded smartphone application and software platform;

(b) remotely via telephone: End Users can access the Services by calling the Sonder Support Centre (“SSC”); and

(c) in person via a Sonder Responder: End Users can receive assistance from an individual designated by Sonder, who is available to provide face-to-face support, referred to as a “Sonder Responder”. Sonder Responders may be deployed to assist End Users in various situations and circumstances. For further information about Sonder Responders, please see clause 6.

2.3 Sonder will endeavour to assess, triage, respond to, manage, and notify relevant parties in these situations for the purpose of the safety and well-being of End Users.

3. Account

3.1 To use the Services, you must register for and maintain an active user account with us (“Account”). You can create an account through various methods, including via the App Store, Single Sign-On email entry, or a deep link sent by your employer.

3.2 You agree to comply with any reasonable protocols and validation procedures required by us to register and activate your Account.

3.3 Your employer or another third party acting on your behalf may handle the registration process for you. You must comply with any reasonable directions provided by Sonder, your employer, or any other third party regarding the registration and activation process to maintain your Account.

3.4 You expressly acknowledge and agree that your name, email address and phone number may be shared with your employer or educational institution (or the employer or educational institution of your family member who referred you Sonder) to assist with the registration and billing process, and for other administrative purposes related to your Account.

3.5 In relation to your Account, you undertake that you will:

(a) subject to clause 3.3:

(i) not disclose your password to any third party;

(ii)take reasonable measures to prevent the disclosure of your password to any third party, noting that you are liable for all use of the Services using your Account or password;

(b) provide only accurate and complete registration information, and update that information if it changes in order to keep it current, complete and accurate;

(c) create only 1 account for the Services, and you will remain responsible for anything that happens through your Account;

(d) not impersonate another account holder or provide false identity information to gain access to or use the Services.

(3.6) Please notify Sonder immediately if:

(a) you become aware that your Account or password is being used without authorisation; or

(b) there is any other security breach to your Account or password.

4. End User Responsibilities

You acknowledge and agree as follows:

4.1 General

(a) If you are under 18 years old, you have obtained express permission from your parents or guardians to activate an Account and use the Services.

(b) You have read and understood the End User Terms.

(c) To use the Sonder Services, and unless otherwise agreed with us, you must have access to a compatible mobile device (i.e., smartphone) with active telephone and internet services that allow for phone calls and electronic data transfer within your Nominated Country.

(d) You must not solely rely on the Sonder Services for assistance or information regarding any matter.

4.2 Provision of Information

(a) When requested, you will provide us with accurate, complete, up-to-date, and valid User Information necessary for the ongoing operation or activation of your Account.

(b) You are responsible for any reliance Sonder places on the User Information you provide.

(c) It is your responsibility to inform us who we may disclose your User Information to and under what circumstances, including by making available selections or configuring the Sonder App appropriately. However, in some cases, we may disclose your User Information to a third party (including another End User) if we are informed (either by you, your employer, or another person legally responsible for you) that they are your next of kin, parent, legal guardian, or emergency contact.

(d) We may disclose your User Information (including personal information) to third parties with whom we have arrangements to assist us in providing the Sonder Services. This may include, for example, a provider of personal support or clinical Sonder Services, a police officer, a paramedic, or your insurer where:

(i) you provide your express consent;

(ii) we reasonably believe that the disclosure is suitable or required in cases of emergency (to lessen or prevent a serious threat to your health or safety or to public health or safety);

(iii) to comply with any applicable Local Laws, law enforcement, and/or other regulatory requirements;

(iv) to assist with the provision of any good or service to you that affects your wellbeing; or

(v) we are otherwise permitted by law.

(e) You must exercise reasonable judgment when considering information obtained from or via the Services or when using such information.

4.3 Security

(a) You will not violate or attempt to violate any security features of the Sonder App or the Sonder Services, including as follows:

(i) accessing content or data not intended for you in your capacity as an End User, or logging onto a server or account without authority;

(ii) attempting to probe, scan, or test the vulnerability of the Sonder App, the Sonder Services, or any associated system or network, or to breach security or authentication measures;

(iii) interfering or attempting to interfere with service to any network, including, without limitation, by means of submitting a virus, overloading, “flooding,” “spamming,” “mail bombing,” “hacking,” “hijack,” or “crashing”;

(iv) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting in connection with the Sonder Services;

(v) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce any part or component of the Sonder Services to a human-perceivable form; or

(vi) attempting to monitor, track, or extract any internet traffic or other data exchanged via the Sonder Services.

4.4 Unlawful/Non-Permitted Use

(a) You will not use or rely on the Sonder Services:

(i) in any manner or for any purpose that is contrary to these End User Terms or is unreasonable given the intended purpose, attributes, and capabilities of the Sonder Services;

(ii) in any manner that adversely affects the normal performance or operation of the Sonder Services, or adversely affects the reputation of Sonder or the Sonder Services;

(iii) to resupply, retransmit, or republish the Sonder App to a third party;

(iv) in circumstances where a reasonable person in your position would not have relied on the Sonder Services, considering the nature of the Sonder Services;

(v) in any manner that is or might be considered unlawful, fraudulent, misleading, or deceptive or that does or might infringe any applicable Local Laws or the legal, equitable, or other rights of a third party.

(b) You will not use, nor permit anyone else to use, the Sonder App or the Sonder Services to upload or send any material that:

(i) is unlawful, defamatory, misleading, deceptive, or in contempt of any legal or other proceedings;

(ii) incites hatred or discrimination against any group of persons defined by colour, race, sex, gender, sexuality, religious beliefs, political beliefs, origin, nationality, or ethnic national origins;

(iii) is indecent, obscene, vulgar, pornographic, offensive, of a menacing character, or that is, in the view of Sonder, likely to annoy or cause concern;

(iv) harms or injures the person or property of Sonder, a Sonder Responder or any other third-party service provider which Sonder may have referred you to, including use of the Sonder Services in a way that creates an appreciable risk of such harm or injury;

(v) infringes the rights of any third party (including Sonder and/or another End User), including copyrights, trademarks, trade secrets, patents, or any other third-party rights; or

(vi) is for any fraudulent purpose, whether against Sonder, another End User, or any other third party.y.

5. Personal Information

5.1 Anypersonal information provided by you is processed by us in accordance with our privacy policy at https://sonder.io/privacy-policy/ (“Privacy Policy”). By using the Sonder Services or the Sonder App and providing personal information, you consent to such processing.

6. Sonder Responders

6.1 You acknowledge that where you request the assistance of a Sonder Responder for face-to-face assistance:

(a) such request must only be made using a method authorised by Sonder, such as via the Sonder App;

(b) you will provide appropriate information to Sonder as part of your request to enable Sonder to understand and assess the nature of the request, such as, in the event of Acute Support, information about the persons involved and your location;

(c) you will treat the Sonder Responders with respect and dignity at all times and follow the reasonable directions and instructions of the Sonder Responder;

(d) you may not request the assistance of a Sonder Responder in respect of the same situation where Sonder has previously rejected your request or has already provided you with assistance; and

(e) Sonder retains the discretion over the deployment of a Sonder Responder.

6.2 Access to a Sonder Responder is subject to the availability of such service. The availability of a Sonder Responder to assist you may depend on various factors, including:

(a) your location at the time of requesting the support of a Sonder Responder (for example, Sonder Responders may only be available in the metropolitan area in which you are residing, as indicated at the time of you subscribing for the Services);

(b) the number of Sonder Responders that are available at the time of your request for support; or

6.3 You should not assume that because a Sonder Responder was available on a previous occasion, that a Sonder Responder (whether or not the same person) will be available on any other occasion.

7. Acute Support and General Support

7.1 You may request assistance for both Acute Support and General Support. Whether a situation requires Acute Support or General Support will be determined according to the terms of this clause 7.

7.2 Where you request assistance for Acute Support, you acknowledge and agree as follows:

(a) Sonder may determine, in our discretion, that your request does not require Acute Support (with reference to its internal policy and procedure documents), refuse your request and resolve the relevant situation by other means as Sonder deems appropriate.

(b) Sonder may determine, in our discretion, that the situation with which you require assistance is so serious that we cannot provide you with the appropriate level of assistance and/or that we reasonably believe you should seek the urgent assistance of a responsible third party (including medical personnel, a police officer or any other emergency safety specialist or personnel) because the situation presents actual, or an immediate threat of, harm or injury to you (or damage to your property). Under such circumstances, Sonder may refer you to such third party and provide all other reasonable assistance to ensure that you receive suitable assistance.

(c) Where Sonder accepts your request, you must give us a reasonable amount of time to dispatch a Sonder Responder to your location to provide you with assistance.

7.3 Where you request assistance for General Support, you acknowledge and agree that Sonder may determine, in our discretion, that your request is not a reasonable request for General Support and we may refuse your request.

8. Sonder Services Content

8.1 You are granted a limited, non-transferable and non-exclusive licence to use the Sonder Services Content solely in accordance with the End User Terms. Sonder retains all rights and benefits to the Sonder Services Content, including all Intellectual Property Rights in the nature of (but not only) copyright, trade marks, patent, design rights, database rights and all other similar rights in any jurisdiction whatsoever, and you do not acquire any such rights or benefits.

8.2 You undertake not to:

(a) sell, license, transfer, dispose of, distribute or otherwise make available the Sonder Services Content to any person, or publish or otherwise communicate the Sonder Services Content to the public; or

(b) copy, reproduce, modify, adapt, publish, communicate to the public or otherwise deal with (including the creation of derivative works) the Sonder Services Content other than in the normal course of using the Sonder Services in accordance with the End User Terms.

8.3 From time to time, the Sonder Services may provide you with opportunities to contribute User Content. You grant Sonder a world-wide, non-exclusive, royalty-free, transferable, perpetual licence to use, display or distribute your User Content and to prepare derivative works of the User Content or incorporate the User Content into other works in order to publish and promote the Sonder Services.

9. Intellectual Property Rights

9.1 Sonder is the owner or the licensee of all Intellectual Property Rights within or via the Sonder App (including its content, look and feel, brands, logos and trade marks, information, graphics, photographs, content, images, sounds, video, audio, text, layout, logos, button icons and the compilation and organisation thereof, and all Intellectual Property Rights contained therein).

9.2 You must not use any part of the materials on the Sonder App or the Services Content for commercial purposes without obtaining a written licence to do so from us.

10. Cancellation, Termination or Suspension

10.1 You can cancel your Account anytime by using the Sonder App or contacting Sonder directly.

10.2 Sonder may, without any liability, suspend or terminate your Account, and deny you access to the Sonder Services, for various reasons, including:

(a) if you breach the End User Terms;

(b) to comply with Local Laws or court orders or subpoenas;

(d) to prevent harm or injury to anyone or anything caused by your use of the Sonder Services; or

(e) for any other reason necessary to maintain the Sonder Services’ integrity or Sonder’s business, at Sonder’s discretion.

10.3 It is important to note that the rights granted in the End User Terms are in addition to other rights each party may have, including contractual and compensation rights for losses or damages.

11. General Disclaimers

11.1 It is your responsibility to determine that the Sonder Services meets your personal needs.

11.2 You acknowledge and agree that:

(a) Sonder provides the Sonder Services on a purely ‘as is’ basis without warranty of any kind and, to the maximum extent permitted by law, Sonder expressly disclaims any and all liability and any warranties or guarantees, express or implied, regarding the Sonder Services, including:

(i) any implied warranties or guarantees of acceptable quality or fitness for a particular purpose, it being noted that healthcare knowledge and health care practices can evolve and change rapidly; or

(ii) that the Sonder Services will be uninterrupted or error-free.

(b) Certain attributes, features and functionalities may only be available during certain hours of the day, at certain locations or when a specific event occurs and may not always be available, either at all or to some extent, depending on the particular circumstances at the relevant time (for example internet connectivity) or as a result of your actions (or inactions). You may need to wait a certain amount of time before the Sonder Services is able to provide you with information or assistance and Sonder is not always in a position to provide an accurate estimate of how much time you must wait.

(c) Certain features operate best when used in major cities and metropolitan areas, for example in-person support and assistance by a Sonder Responder may only be available in limited locations in your Nominated Country and/or be subject to other restrictions arising from time to time. The responsiveness, quality and/or content of the Sonder Services may differ depending on:

(i) the location in your Nominated Country from which you seek to access or use the Sonder Services; and/or

(ii) other logistical and geographical issues (for example if you try to access the Sonder Services outside the city where you reside as specified when you subscribed to the Sonder Services).

(d) The Sonder Services relies on the successful, reliable, accurate, valid and real-time receipt of information from third parties, including End Users and User Information, and to the extent that such information is not received by Sonder for whatever reason or where Sonder determines that such information is unreliable, inaccurate or invalid, the provision of the Sonder Services may be affected to a point where the Sonder Services cannot be provided (either at all, or to some extent, by Sonder).

(e) The Sonder Services may change over time or be affected from time to time (including being unavailable or unresponsive) without notice to you, as a result of developments, modifications, upgrades, repairs or any other maintenance, or the application of any applicable Local Laws. If you have any questions regarding any updates or changes to the Sonder Services, you will first check for notifications or change logs via the Sonder App or on Sonder’s website before contacting Sonder.

(f) Sonder may provide you with information and/or recommendations for seeking treatment by an external health professional based on the details that you provide over the telephone, in-person or via the Sonder App, but will not directly provide medical Sonder Services. The information and/or recommendations provided via the Sonder Services (whether made by Sonder staff, contractors, volunteers, moderators or other third parties utilised by Sonder in providing the Sonder Services) is not a substitute for professional medical advice, diagnosis or treatment. The information and/or recommendations provided by Sonder are designed to provide you with relevant information so as to assist you to make an informed choice about your options for seeking treatment. Neither Sonder, nor the Sonder App, should constitute or be considered as a substitute for medical diagnoses, provision of medical or health advice, treatment of a patient or calculating or assessing the appropriate medication dosages (nor any similar advice or function).

(g) You will seek the advice of your usual health provider with any questions you have regarding your health or a medical condition and not disregard, avoid or delay obtaining professional medical advice or treatment because of any information or advice provided to you via the Sonder Services.

(h) Sonder may, at its discretion, provide you with suggestions or referrals to one or more third party service providers, including medical, health and emergency service providers and professional advisors, but the provision of such suggestions and referrals does not mean (unless we have expressly stated otherwise):

(i) we are party to any contract between you and those third parties;

(ii) we have any control or influence over those third parties and/or how they provide their goods or Sonder Services to you;

(iii) we employ or have contracted those third parties;

(iv) we endorse or approve of those third parties or the goods, Sonder Services or advice they provide;

(v) we have reviewed the qualifications, credentials, identity, skills or expertise of those third parties;

(vi) those third parties are a partner, affiliate or associate of Sonder or the Sonder Services; or

(vii) Sonder has any control over the contents, accuracy, quality or integrity of those third parties, nor any products, Sonder Services, advice, diagnosis or information provided by them, and Sonder accepts no responsibility for such third parties or for any loss, damage, injury, adverse reaction or death that may arise from use of, or reliance on, them by you or anyone else (notwithstanding anything else).

12. Limitations and Exclusions of Liability

12.1 To the maximum extent permitted by law, Sonder is not liable to you for any and all claims resulting from the Sonder Services, including any of the following matters:

(a) a failure to provide the Sonder Services, to the extent that such failure is outside of Sonder’s control;

(b) your use of or reliance on the Sonder Services while you are in breach of the End User Terms, including a failure to observe any of your material responsibilities and the material requirements of using the Sonder Services as set out in the End User Terms;

(c) the termination or suspension of your Account in accordance with the End User Terms, or the cessation or termination of the Sonder Services;

(d) performance issues, interruptions or technical errors occurring whilst you are using the Sonder Services, including “viruses”, “Trojans”, “spyware”, “adware”, “bots” and other similarly harmful computer effects;

(e) your inability to use, or a delay in being able to use, the Sonder Services, either fully or to a certain extent, as a result of:

(i) a device, network or connectivity issue that is outside Sonder’s direct control; or

(ii) a force majeure event (which includes events such as strikes, riots, civil unrest, actions or inaction of governmental authorities, epidemics, pandemics, wars, nuclear disasters, terrorism, embargoes, storms, floods, fires, natural disasters and other acts of God and a failure of a utilities supplier, common carrier or communications/data network),

(f) your actions or omissions; and

(g) the actions or omissions of a third party that you deal with via the Sonder Services, including:

(i) your reliance on the representations made by a third party regarding the Sonder Services or us;

(ii) information which is provided to you that is sourced from a third party in circumstances where we have no reason to believe that such information is inaccurate, incomplete, unreliable or out of date;

(iii) a failure of any goods or Sonder Services provided to you by a third party, whether it is to do with the quality or any other matter in relation to the goods or Sonder Services; and

(iv) a failure to provide any required goods, Sonder Services or information on which the Sonder Services relies or requires;

12.2 Notwithstanding any other provision of the End User Terms:

(a) to the extent permitted by law, the maximum liability of Sonder to you for any loss or damage suffered by you or anyone else arising out of, in connection with or relating to the Sonder Services, is limited to the amount of AU$1,000.

(b) Sonder will not be, under any circumstances, liable for any indirect or consequential loss or damage suffered by you arising out of, in connection with or relating to the Sonder Services or a breach or as a result of termination of the Sonder Services Agreement with your employer by Sonder. Each party agrees that any loss of profits, business opportunities, reputation, anticipated savings, revenue, goodwill and contracts and loss of or corruption to data, however occurring, constitute indirect or consequential loss or damage for the purposes of the End User Terms and any action against you.

12.3 Nothing in the End User Terms excludes, restricts or modifies any condition, warranty, statutory guarantee, right or remedy implied or imposed by common law, statute or regulation which cannot be lawfully excluded, restricted or modified.

13. Dispute Resolution

13.1 If you have a complaint or a dispute in relation to the Sonder Services, or the End User Terms (“Service Dispute”), please contact us using the following details: sonderlegal@sonder.io

13.2 You must in good faith utilise or comply with any mechanism or procedure which we have established to resolve a Service Dispute, as set out in the End User Terms or notified to you in response to your communication raising the Service Dispute.

14. Definitions & Interpretation

In these End User Terms, unless the context otherwise requires or permits:

“Acute Support” means any situation where there is harm or injury to an End User or any situation where there is an appreciable risk of harm or injury being suffered by an End User, or in connection to the End User, or where the End User is subject to any criminal or other police matter, or where the End User requires medical or mental health support, including the following kinds of situations:

(a) where an End User is involved in a motor vehicle or other road accident (including as a pedestrian);

(b) where an End User is involved in a crime (whether as the victim or alleged perpetrator) or is arrested or detained by police or other law enforcement agencies or otherwise interacts with police or other emergency Sonder Services;

(d) where an End User, having travelled outside of the main geographic area with which the End User is familiar, cannot reasonably access transportation or other assistance to navigate and return home, such as an End User being lost in a remote location;

(e) where an End User suffers any serious illness requiring medical attention;

(f)where an End User suffers any serious illness requiring mental health support; and

(g) where an End User is otherwise subject to any harm or injury or involved in any situation where there is an appreciable risk of harm or injury being suffered by the End User.

“General Support” means any situation, as determined by Sonder in its discretion, where an End User requires assistance with matters of general support, including End User requirements that are met through self-service features in the Sonder App, or SSC assistance in identifying the appropriate resource.

“Local Laws” means all laws and regulations, which are applicable in the circumstances from time to time as amended from time to time, of your Nominated Country, including all applicable statute, regulation, by-law, ordinance, subordinate legislation in force from time to time, whether made by a government agency, State, Territory or Commonwealth (to the extent applicable) or a local government, and includes common law and the principles of equity as applicable from time to time, and any applicable legally binding industry codes of conduct;

“Policies” means any policies issued by Sonder from time to time in relation to the Services, including our Privacy Policy, and any other documents or information on the Sonder App, our Website or otherwise provided by Sonder which explains any aspect of or relating to the Services;

“Privacy Act” means, where your Nominated Country is Australia, the Privacy Act 1988 (Cth) or, where your Nominated Country is New Zealand, the Privacy Act 2020 (New Zealand) or, where your Nominated Country is the United Kingdom, the Data Protection Act 2018, any other country, the privacy laws applicable in that Nominated Country;

“Sonder Services” has the meaning in clause 2.1;

“Sonder Services Agreement” means the Sonder Services agreement between your employer or educational institution, and Sonder which allows you access to the Sonder Services;

“Sonder Services Content” means any and all content and information, including images, graphics, pricing and quotes, maps and geo-location information, contact details of third parties, reports, summaries, objects, logos, layouts, data and databases, indexes and any other content, that is available to the End User via the Sonder Services or as provided directly by Sonder;

“Sonder App” has the meaning in clause 2.2(a);

“Sonder Responder” has the meaning in clause 2.2(c);

“Usage Information” means any information or data relating to your use of the Sonder Services, including meta-data or other technical data relating to how and/or when you use the Sonder Services;

“User Content” means any reviews, opinions, advice, ratings, discussions, comments, messages, survey responses, and other communications, as well as files, images, photographs, video, sound recordings, musical works and other content provided by an End User in relation to, or in connection with, the Sonder Services;

“User Information” means any information about an End User provided by an End User or a third party to us, whether directly or by uploading it via the Services or indirectly by use of the Services, including any User Content, billing information and any personal information relating to the End User (for example, their name, date of birth, contact information, education provider, insurance provider and any other information specifically relating to the End User); and

“Website” means the website of Sonder, which, as at the date of this version of the End User Terms, is the website at sonder.io

15. Contracting Entity and Governing Law

The company that you are contracting with under the End User Terms is stated below. The End User Terms shall be construed in accordance with and governed by the law set out below, and the courts stated below will have jurisdiction in respect of disputes arising out of or related to the use of the Sonder Services, the Website or the End User Terms.

15.1 If you are domiciled in Australia or any other Nominated Country (with the exception of New Zealand):
Contracting entity: Sonder Australia Pty Ltd, a company incorporated in Australia,
ACN 613 605 360
Governing law: New South Wales, Australia

You and Sonder submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia

15.2 If you are domiciled in New Zealand:
Contracting entity: Sonder New Zealand Limited, a company incorporated in New Zealand,
New Zealand company number (7859285)
Governing law: New Zealand

You and Sonder submit to the non-exclusive jurisdiction of the courts of: New Zealand

15.3 If you are domiciled in the United Kingdom:
Contracting entity: Sonder UK Operations Limited, a company incorporated in New Zealand,
UK company number (14490908)
Governing law: England and Wales

You and Sonder submit to the non-exclusive jurisdiction of the courts of: England and Wales

16. General Matters

16.1 In these End User Terms, unless the context otherwise requires or permits:

(a) the singular includes the plural, and the converse also applies;

(b) mentioning anything after includes, including, for example, or similar expressions, does not limit what else might be included;

(d) a reference to legislation or to a provision of legislation includes a modification or re-enactment of it, a legislative provision substituted for it and a regulation or statutory instrument issued under it; and

(e) a reference to conduct includes an omission, statement or undertaking, whether or not in writing.

16.2 Sonder retains the right, at its sole discretion, to revise, update, modify, add to, supplement, or remove certain terms of the End User Terms for reasons related to security, legal compliance, best practices, or regulatory requirements. These changes may take effect with or without prior notice to you.

16.3 Sonder may make available the End User Terms in other languages for informational purposes only. For the avoidance of doubt, only the English version of the End User Terms as published and made available by us is to be construed as the legally binding contract between Sonder and each of its End Users.

16.4 Notwithstanding any other matter in the End User Terms, Sonder may issue notices in relation to matters relating to the Sonder Services by any means it deems appropriate, including via the Sonder Services, the Website or by sending you emails to the email address that is associated with your Account.

16.5 If any term or condition in the End User Terms is held to be illegal or unenforceable, in whole or in part, by a court or government agency, such term or provision shall be severed and deemed not to form part of the End User Terms to the extent of such invalidity, unlawfulness or unenforceability. The validity of the remainder terms and provisions shall not be affected and will continue to be valid, lawful and enforceable.