These Terms and Conditions (hereinafter referred to as the "Agreement") govern the use of the Komutas application, an electronic commuting platform (hereinafter referred to as "Platform"), which facilitates the registration and matching of drivers and riders who are traveling in the same direction. This Agreement constitutes a legally binding contract between you (hereinafter referred to as the "User") and the platform owner ("Company"). By accessing, downloading, or using the Platform, the User affirms their acceptance and agreement to the following terms and conditions. If you do not accept these terms, you must refrain from using the Platform.
1.1. "Driver": Refers to any individual who registers on the Platform for the purpose of providing transportation services to Riders.
1.2. "Rider": Refers to any individual who registers on the Platform to be matched with a Driver for transportation services.
1.3. "Platform": Refers to the digital interface, including the mobile application and website, which facilitates the matching of Riders with Drivers.
1.4. "Monthly Ride Costs": Refers to the costs Riders are required to load into their account for the provision of transportation services over a monthly period.
1.5. "Commission": Refers to the percentage of payment retained by the Platform for facilitating the connection between Rider and Driver, currently set at 15%.
1.6. "Ride Fees": Refers to the payment due from the Rider for services rendered by the Driver, payable through the Platform.
2.1. Service Description: The Platform functions as an intermediary, facilitating the matching of Riders with Drivers for the purpose of shared travel to and from similar locations. The Company does not provide transportation services directly but merely connects Riders with independent Drivers.
2.2. Payment of Drivers: Drivers shall be remunerated on a bi-weekly basis for services rendered to Riders, less the applicable Commission.
2.3. Rider Payments: Riders are required to load funds equivalent to their estimated Monthly Ride Costs into the Platform prior to receiving transportation services. Failure to load sufficient funds may result in a denial of service.
3.1. Registration: Both Riders and Drivers are required to register on the Platform, providing accurate and complete information, including but not limited to their name, contact information, and relevant geographical data.
3.2. Compliance with Laws: Both Riders and Drivers agree to comply with all applicable laws and regulations governing transportation, road safety, and commercial driving, as well as any municipal or regional regulations pertinent to their area of operation.
3.3. Use of the Platform: The User shall not use the Platform for any illegal, fraudulent, or unauthorized purposes. Misuse of the Platform, including but not limited to providing false information or failing to comply with the payment obligations, may result in suspension or termination of access.
4.1. The Company assumes no responsibility for the conduct, actions, or omissions of any Rider or Driver. The Company shall not be liable for any damages, losses, or injuries resulting from the use of the Platform, including but not limited to accidents, delays, or disputes arising between Riders and Drivers.
4.2. The Company expressly disclaims any liability for the accuracy or reliability of geolocation data or matching algorithms used by the Platform.
5.1. Rider Payments: Riders acknowledge and agree to load their Monthly Ride Costs in advance of utilizing transportation services. Failure to do so will result in the inability to secure rides through the Platform.
5.2. Driver Payments: Drivers shall be compensated every two weeks, with payments being made after the deduction of the Company’s Commission. The Company is not liable for any delays or interruptions in payment processing caused by third-party payment processors.
5.3. Refunds: All payments made through the Platform are final and non-refundable unless otherwise determined by the Company in its sole discretion.
6.1. The Company reserves the right to terminate or suspend any User’s access to the Platform, without notice or liability, for any reason whatsoever, including but not limited to the breach of these Terms and Conditions.
6.2. Upon termination, all obligations and rights accrued prior to termination shall survive.
7.1. Upon the termination of a Driver's access to or relationship with the Platform, whether voluntarily or involuntarily, the Driver shall be strictly prohibited from directly or indirectly soliciting, engaging, or continuing to provide transportation services to any Rider(s) whom they met or acquired through the Platform for a period of one (1) year from the date of termination ("Restricted Period").
7.2. In the event of a breach of this clause, the Platform reserves the right to take immediate legal action, including but not limited to seeking injunctive relief to prevent further violations and pursuing claims for compensatory damages. Such damages may include, but are not limited to, an amount equivalent to the commission that would have been payable to the Platform had the Driver continued to use the Platform to provide services to the Rider(s).
7.3. The Platform reserves the right to initiate legal proceedings to recover any and all damages, including lost profits and potential future losses, arising from the Driver's violation of this clause. Additionally, the Platform shall be entitled to recover reasonable legal costs and attorneys' fees incurred in connection with such enforcement.
7.4. Nothing in this clause shall limit the Platform's right to seek further remedies as may be available at law or in equity, including but not limited to the pursuit of punitive damages or other forms of financial compensation as may be deemed appropriate by a court of competent jurisdiction. The Platform may also seek any amount that may be granted by the court as a result of the Driver's breach of this clause.
The Company reserves the right to modify these Terms and Conditions at any time. Any changes to the Agreement will be posted on the Platform and shall take effect immediately upon posting. Continued use of the Platform constitutes acceptance of the modified terms.
