Terms of Service

1. Agreement to Terms

By accessing or using the Workhorse platform, website, mobile applications, and any related services (collectively, the “Services”), you agree to be bound by these Terms of Service (“Terms”). If you do not agree to these Terms, do not access or use our Services.

These Terms constitute a legally binding agreement between you and Workhorse, Inc. (“Workhorse,” “we,” “us,” or “our”). We may update these Terms from time to time. If we make material changes, we will notify you by email or through the Services. Your continued use of the Services after any changes constitutes your acceptance of the updated Terms.

2. Description of Services

Workhorse provides a vehicle leasing platform designed for gig-economy drivers. Our Services include:

• Weekly vehicle lease agreements for approved drivers
• An online portal for application submission, document management, and account management
• Payment processing through Stripe
• Electronic lease signing through DocuSign
• Fleet management and vehicle tracking for safety and operational purposes
• Basic insurance coverage included with each lease
• Routine vehicle maintenance and repair coordination

3. Eligibility

To be eligible for a Workhorse vehicle lease, you must:

• Be at least 21 years of age
• Hold a valid, unrestricted driver's license issued by a U.S. state or territory
• Maintain an active account on at least one gig-economy platform (e.g., Uber, Lyft, DoorDash, Instacart, Amazon Flex)
• Maintain a valid payment method capable of recurring weekly charges
• Provide accurate and truthful information in your application
• Not have been previously terminated from a Workhorse lease for cause

Workhorse reserves the right to accept or reject any application at its sole discretion. Meeting the above criteria does not guarantee approval.

4. Vehicle Lease Agreement

Your use of a Workhorse vehicle is governed by a separate Vehicle Lease Agreement that you will sign electronically via DocuSign before taking possession of a vehicle. The lease agreement contains specific terms regarding:

• Weekly lease rate and payment schedule
• Security deposit amount and refund conditions
• Vehicle condition expectations and maintenance responsibilities
• Permitted and prohibited uses of the vehicle
• Insurance coverage details and your responsibilities
• Lease termination and vehicle return procedures
• GPS tracking and immobilization disclosures

In the event of a conflict between these Terms and the Vehicle Lease Agreement, the Vehicle Lease Agreement shall control with respect to the specific vehicle lease.

5. Lease Terms & Duration

All Workhorse leases require a minimum initial commitment of two (2) months. After the initial commitment period, your lease automatically converts to a month-to-month arrangement unless you have selected a longer-term option.

Lease Options: Workhorse offers the following lease terms:

• Standard (2-month minimum): After the initial 2-month commitment, continues month-to-month
• 6-month lease: Available at a discounted weekly rate
• 12-month lease: Available at the best discounted weekly rate

All leases are billed on a weekly basis regardless of the term selected. Longer-term lease commitments offer reduced weekly rates and ensure no disruption to your work, providing you with a reliable vehicle for the duration of your commitment.

6. Account Registration & Security

To use the Services, you must create an account. You agree to:

• Provide accurate, current, and complete information during registration
• Maintain the security of your account credentials
• Promptly notify Workhorse of any unauthorized access to your account
• Accept responsibility for all activities that occur under your account
• Not share your account credentials with any other person

Workhorse reserves the right to suspend or terminate your account if we reasonably believe your account has been compromised or is being used in violation of these Terms.

7. Vehicle Tracking and Immobilization

GPS Tracking: All Workhorse vehicles are equipped with GPS tracking devices provided by Samsara. This tracking is used for fleet management, vehicle recovery, safety, maintenance scheduling, and security purposes. By entering into a lease with Workhorse, you consent to continuous GPS tracking of the vehicle during the term of your lease.

Remote Immobilization: In the event of payment default, lease violation, or breach of the lease agreement, Workhorse reserves the right to remotely immobilize the vehicle through Samsara's immobilizer system. Before immobilization:

• You will receive written notification (email and/or SMS) of the pending action
• You will be given a reasonable opportunity to cure the default
• Immobilization will not be initiated while the vehicle is determined to be in motion
• An audit record of the immobilization action will be maintained

8. Vehicle Operating Area

All Workhorse vehicles must remain within the designated work area during the term of your lease. The standard work area is defined as within approximately 100 miles of Antioch, California.

Area Compliance: Taking a Workhorse vehicle outside the designated work area without prior written approval constitutes a lease violation and may result in penalties, including lease termination.

Area Departure Requests: If you need to take the vehicle outside the designated work area for any reason, you must submit an Area Departure Request through the driver portal for pre-approval before departing. Requests should be submitted at least 48 hours in advance when possible.

GPS Monitoring: Vehicle location is continuously monitored via GPS (Samsara), and geofence alerts are configured for the designated work area boundary. Repeated or unauthorized departures from the work area will be flagged and may result in enforcement action.

9. Payment Terms

Weekly Payments: Lease payments are charged weekly on your designated billing day through Stripe. You authorize Workhorse to charge your payment method on file for all amounts due under your lease.

Grace Period: A 48-hour grace period is provided for late payments. During this period, we will attempt to re-process the payment and notify you of the failed charge.

Late Fees: After the 48-hour grace period, a late fee of $25.00 will be assessed per missed payment. You will be notified before any late fee is charged.

Payment Escalation: Continued non-payment may result in:

• Account restriction (limited platform features)
• Vehicle immobilization (see Section 7)
• Lease termination and vehicle recovery
• Referral to collections for outstanding balances

10. Security Deposit

Depending on your qualification and the vehicle selected, a refundable security deposit may be required at lease inception. Deposit amounts are determined as follows:

• $0 deposit: Available for select vehicles, pending approval and qualification
• $250–$500: Standard deposit range for most vehicles
• Higher deposits: May apply for specialty or luxury vehicles

The deposit will be returned within 30 days of vehicle return, less any deductions for:

• Damage beyond normal wear and tear
• Missing or damaged vehicle accessories
• Outstanding balances on your account
• Excessive mileage charges, if applicable
• Cleaning fees for vehicles returned in unsatisfactory condition

11. Insurance

Basic Coverage Included: Every Workhorse lease includes basic insurance coverage as part of your weekly rate. This basic coverage provides liability protection as required by applicable state law.

Additional Coverage: You are encouraged to obtain your own comprehensive insurance coverage for additional protection. This is particularly important if you drive for rideshare platforms, as you may need coverage that specifically includes commercial or rideshare use.

Claims: In the event of an accident or damage, you must notify Workhorse immediately through the driver portal or by contacting support. Failure to report incidents promptly may affect your coverage and could result in you being responsible for repair costs.

12. Vehicle Use & Responsibilities

You agree to:

• Use the vehicle only for lawful purposes, including gig-economy driving
• Not permit any unlicensed or unauthorized person to drive the vehicle
• Keep the vehicle clean and in good operating condition
• Report any accidents, damage, or mechanical issues immediately
• Not modify, alter, or add aftermarket parts to the vehicle without written consent
• Not use the vehicle for racing, off-road driving, or other high-risk activities
• Not smoke or allow smoking in the vehicle
• Return the vehicle in the same condition as received, subject to normal wear and tear
• Comply with all applicable traffic laws and regulations

13. Periodic Inspections

For leases with a term longer than six (6) months, a vehicle inspection by a Workhorse-authorized mechanic is required every three (3) months. These inspections are conducted to ensure the vehicle meets safety and maintenance standards throughout the lease term.

Scheduling: Workhorse will coordinate inspection scheduling directly with you to minimize disruption to your work. You will receive advance notice of upcoming inspections and may request rescheduling through the driver portal.

Compliance: Failure to make the vehicle available for a scheduled inspection within the provided timeframe may be considered a lease violation. Inspections are provided at no additional cost to you.

14. Vehicle Pickup & Delivery

Upon approval and completion of all required documentation, you may pick up your vehicle at a designated location or request delivery:

• Pickup: Available at convenient locations including transit stops (train stations, bus stops) and other designated pickup points at no additional charge
• Delivery: Vehicle delivery to your preferred location is available for an additional fee, which will be disclosed at the time of scheduling

You must inspect the vehicle at the time of pickup or delivery and document any pre-existing damage. Failure to document pre-existing damage may result in you being held responsible for such damage at lease end.

15. Lease Termination

Voluntary Termination: You may terminate your lease at any time by providing written notice through the driver portal. You are responsible for all payments through the date of vehicle return.

Early Termination Fee: If you terminate your lease before the end of your committed term (e.g., during a 6-month or 12-month lease), an early termination fee equal to two (2) weeks' rent (2x your weekly lease rate) will apply. Month-to-month leases (after the initial 2-month commitment period has been fulfilled) may be terminated with at least two (2) weeks' written notice and no early termination fee.

Termination by Workhorse: Workhorse may terminate your lease for:

• Non-payment of lease charges or fees
• Violation of these Terms or the Vehicle Lease Agreement
• Providing false or misleading information in your application
• Using the vehicle for prohibited purposes
• Failure to maintain required documentation (e.g., valid driver's license)
• Excessive damage to the vehicle

16. Intellectual Property

All content on the Workhorse platform, including text, graphics, logos, images, software, and design elements, is the property of Workhorse or its licensors and is protected by copyright, trademark, and other intellectual property laws. You may not reproduce, distribute, or create derivative works from our content without express written permission.

17. Disclaimer of Warranties

The Services are provided “as is” and “as available” without warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Workhorse does not warrant that the Services will be uninterrupted, error-free, or completely secure. While we strive to maintain our vehicles in good working condition, we do not guarantee that any vehicle will be free from mechanical issues.

18. Limitation of Liability

To the maximum extent permitted by applicable law, Workhorse and its officers, directors, employees, agents, and affiliates shall not be liable for:

• Any indirect, incidental, special, consequential, or punitive damages
• Loss of profits, revenue, data, or business opportunities
• Damages arising from your use of or inability to use the Services
• Damages arising from any unauthorized access to or alteration of your account

Workhorse's total liability for any claim arising from these Terms shall not exceed the total amount paid by you to Workhorse in the twelve (12) months preceding the claim.

19. Indemnification

You agree to indemnify, defend, and hold harmless Workhorse and its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising from your use of the Services, your violation of these Terms, your use of any Workhorse vehicle, or your violation of any third-party rights.

20. Dispute Resolution

Any disputes arising from these Terms or the Services shall first be addressed through good-faith negotiation. If the dispute cannot be resolved through negotiation within thirty (30) days, either party may initiate binding arbitration under the rules of the American Arbitration Association. The arbitration shall take place in the state in which the vehicle is leased.

Class Action Waiver: You agree that any claims will be brought in your individual capacity and not as a plaintiff or class member in any purported class or representative proceeding.

21. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the state in which the vehicle is leased, without regard to conflict of law provisions.

22. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable.

23. Entire Agreement

These Terms, together with the Vehicle Lease Agreement and Privacy Policy, constitute the entire agreement between you and Workhorse regarding the use of our Services and supersede all prior agreements and understandings, whether written or oral.

24. Contact Information

For questions about these Terms of Service, you may contact us:

• Through our support page
• By email: legal@workhorsevehicles.com