Driver Terms & Conditions

Introduction and Scope

These General Terms for Drivers ("Driver Terms") set out the legal agreement governing each transportation provider ("You", "Your" or collectively "Drivers") and their use of certain TranspOnyx-owned or licensed software, as well as the provision of rides as defined in clause 2.2 below.

The Driver Terms are a legally binding agreement under which You:

• are granted a licence to use the TranspOnyx driver mobile application or recommended third-party mobile application, the website at https://transponyx.com ("Website") and proprietary software (together, the "Software"); and
• agree, to the extent You do so on any given occasion, to provide transportation services to members of the public requesting such services through the TranspOnyx passenger application ("Passengers").

These Driver Terms apply between You and TranspOnyx (a company registered in France, operating under VTC Operator authorisation issued by the Prefect of the Alpes-Maritimes department in accordance with French law) in relation to payment services and the provision of the Software and Software Services as defined in clause 2.1. The company's registered address is 163 Boulevard de la Madeleine, 06000 Nice, France.

TranspOnyx Services

1. TranspOnyx and its licensors provide a digital marketplace and information society service, accessed via the Driver App and the TranspOnyx passenger application, that allows TranspOnyx to accept requests from Passengers for transportation services and then make these requests available, through the Driver App, to Drivers to select - to the extent Drivers agree to do so on any given occasion - to fulfil such requests directly with Passengers (together, the "Software Services").
2. TranspOnyx and its licensors agree to provide the Software and Software Services to You free of charge, for use in accordance with these Driver Terms. The transportation services that You provide to Passengers through the Software Services shall be referred to in these Driver Terms as "Journeys".
3. TranspOnyx accepts all bookings on behalf of Passengers.
4. You are responsible for providing all equipment necessary to perform the rides, at your own expense. This includes costs such as the vehicle, fuel, tolls, and depreciation of the vehicle.
5. TranspOnyx operates under the VTC regulatory framework established by French law (Loi n°2014-1104 du 1er octobre 2014 relative aux taxis et aux voitures de transport avec chauffeur, and Decret n°2014-1725 du 30 decembre 2014). All Journeys performed through TranspOnyx must comply fully with these regulations and any subsequent amendments.

Applying to Use the Driver App

1. Prior to downloading the Driver App, You must apply to register with TranspOnyx. As part of the registration process, you will need to supply TranspOnyx with information about yourself, your professional VTC driver's card ("carte professionnelle VTC"), your vehicle (including insurance, current French technical inspection "controle technique", and vehicle registration), and any other information requested by TranspOnyx. This may include a medical certificate, a copy of your SIRET or SIREN registration number confirming your status as a self-employed professional, and proof of your VTC qualification certificate issued by a recognised training body.
2. You will be asked to verify your email address and select a password when registering. These details are personal to You and are not transferable.
3. By submitting Your account application, you represent and warrant that:
   • You can legally enter into an agreement with TranspOnyx to use the Software Services.
   • You have carefully studied, fully understood, and agree to be bound by these Driver Terms, including all obligations imposed on You.
   • All information presented to TranspOnyx by You is, and shall continue to be, accurate, correct and complete.
   • Once You have an account to use the Software Services, you will not authorise any other person to use Your account nor transfer it to any other person, without the express written consent of TranspOnyx.
   • You will not use the Software for unauthorised or unlawful purposes or impair or seek to impair the proper operation of the Software.
   • You will not copy or distribute the Software or other TranspOnyx content without prior written permission.
   • You have, and will continue to have, the legal right to work in France, including a valid professional VTC card ("carte professionnelle de conducteur VTC") issued by the relevant Prefect, a current vehicle authorisation ("autorisation de mise en circulation"), and the required professional liability insurance ("assurance responsabilite civile professionnelle").
   • You have, and will continue to have, all necessary permits, licences, insurances and authorisations required to provide Journeys under French VTC law.
   • You will, at all times while providing Rides, hold valid hire and reward insurance ("assurance responsabilite civile et protection des passagers") as required under French law.
   • You are, and will at all times be, medically fit to operate a motor vehicle and shall not engage in reckless behaviour while driving, including driving under the influence of alcohol or drugs, or taking any action that harms or threatens the safety of Passengers or third parties.
   • You acknowledge that TranspOnyx will process your personal data in accordance with the TranspOnyx Privacy Policy available at https://transponyx.com/privacy-policy/.
   • You understand that TranspOnyx will provide information regarding You, Your Driver account, and Your trip history to law enforcement agencies as TranspOnyx deems appropriate in cooperation with investigations or otherwise.
4. After submitting the account application, you will receive an email with additional conditions that must be met in order to use the Software. These conditions may include owning a GPS-supporting mobile device, having a valid right to use a motor vehicle for VTC purposes, and a clean criminal record extract ("extrait de casier judiciaire bulletin n°3").
5. TranspOnyx will review Your application and may approve You to operate as a driver associated with TranspOnyx if You meet all necessary criteria.
6. TranspOnyx will continually monitor Your compliance with these Driver Terms, including by verifying Your licences, insurances, and submitted information. You agree to:
   • co-operate with TranspOnyx and provide any further documents or information requested in order to conduct such checks; and
   • promptly disclose to TranspOnyx any material change in your circumstances that relates to your ability, fitness, or legal entitlement to offer or perform Rides, including any revocation or suspension of your professional VTC card, refusal of insurance, or criminal investigation, charges or convictions.
7. Where You fail to comply with any of the requirements and conditions set out in these Driver Terms, TranspOnyx will be entitled to immediately terminate these Driver Terms, in which case you will no longer be permitted to use the Software.

The TranspOnyx Driver App

1. Once approved to use the Driver App, TranspOnyx will send You details of how to download and set up the Driver App, as well as a personal account which You may use to access the Software.
2. As long as you comply with these Driver Terms, TranspOnyx agrees to allow You to access and use the Software Services in accordance with these Driver Terms, the TranspOnyx Privacy Policy, and the applicable app-store terms. You may not transfer or sub-licence this right to use the Software Services.
3. In order to use the Software, you must access your personal account in the Driver App using your username (your email address) and password selected during registration, and keep your account information up to date at all times.
4. TranspOnyx will use the Driver App to communicate with You regarding possible Rides you may or may not wish to accept, road reminders, messages, and any geographic restrictions applicable under your VTC authorisation.
5. TranspOnyx will retain sole authority to accept and manage Ride requests from Passengers. Once TranspOnyx has accepted a Journey from a Passenger, it will seek to allocate the booking to the closest available Driver. If the closest Driver does not acknowledge the booking within a set timeframe or declines, the booking will be re-allocated to the next available Driver. Once You have accepted the allocation through the Driver App, all Ride information will appear in Your Driver App, including Passenger details and the starting point of the Journey.
6. In order to prioritise Driver and Passenger safety, TranspOnyx may at its discretion limit Your access to the Driver App where You have been providing Journeys for extended periods without rest, in compliance with French road safety regulations.
7. If TranspOnyx is made aware that Your behaviour has deviated from these Driver Terms, or that you are under investigation for a criminal offence, TranspOnyx reserves the right to revoke Your access to the Driver account indefinitely or until TranspOnyx sees fit.
8. You are responsible for all information posted on, and use of, the Software from Your personal account. If You suspect that Your username or password have been copied or stolen, you must notify TranspOnyx immediately.
9. All intellectual property rights in the Software, its content and any related documentation belong to TranspOnyx or its licensors and may not be copied, distributed, uploaded, republished, decompiled or transmitted in any way without TranspOnyx's prior written consent.

Support for the Driver App

TranspOnyx may provide support services in relation to use of the Driver App on business days from 08:00 to 20:00 (CET/CEST). Support consists of in-app messaging, WhatsApp, and telephone support. TranspOnyx reserves the right to stop providing the support services at any time by giving You reasonable notice.

Journey Bookings

1. TranspOnyx will accept Passenger requests for Journeys and then prompt You via the Driver App if a relevant Passenger booking has been generated for a Journey in Your area when You are available. These Passenger bookings will not be exclusive to You and will also be offered to other Drivers.
2. Each Journey booking You choose to fulfil through the Driver App will constitute a separate and distinct agreement in respect of the provision of that Journey by You to the Passenger, with each such agreement coming into force from the time You agree to undertake the specific allocated Journey booking. You acknowledge that TranspOnyx only provides the Software Service to facilitate the Journey bookings and allocation thereof to Drivers.
3. TranspOnyx does not guarantee that the use of the Software will result in You receiving offers for Journey allocations.
4. You are not obliged to accept any Journey booking offers. TranspOnyx encourages You to keep your availability profile up to date to ensure efficient dispatch.
5. You may cancel a Ride which you have accepted at any time before the Ride begins by informing the Passenger through the Driver App. TranspOnyx will monitor the number and frequency of Ride cancellations and reserves the right to suspend or terminate Your access to the Software Services where You repeatedly or consistently cancel Rides after acceptance.
6. As part of the Software Services, Passengers may provide feedback on You and Your provision of Rides in the form of ratings. These ratings are made available to prospective Passengers. You should contact TranspOnyx if You have any issues with the ratings provided to You.

Your Commitments to Passengers

1. As a Driver you commit to each Passenger that You will provide a high level of service. In the course of providing Journeys, you commit to the Passengers that you will:
   • convey the Passenger from their collection point to their destination in a reasonably direct and efficient manner, subject to appropriate unforeseen circumstances such as a mechanical breakdown or exceptional traffic conditions.
   • comply with all laws and regulations applicable in France, including the French Highway Code (Code de la Route) and all VTC professional regulations.
   • be medically fit to operate a motor vehicle at all times, including being free from the influence of alcohol or drugs.
   • not engage in reckless behaviour while driving or drive unsafely, including by operating a vehicle that is unsafe or illegal to drive, or allowing a third party to operate the vehicle.
   • act in a professional manner in accordance with the TranspOnyx Service Quality Charter, and endeavour to perform the Passenger's request in their best interest.
   • not carry weapons or permit weapons in your vehicle, and not use or encourage violence, racism or discrimination in any form.
   • maintain valid professional VTC insurance ("assurance responsabilite civile professionnelle VTC") at all times; and
   • only use personal data provided by the Passenger in accordance with clauses 16.3 and 16.4 of these Driver Terms and in compliance with the French Data Protection Act (Loi Informatique et Libertes) and GDPR.
2. You acknowledge that TranspOnyx has no control over the Passenger. TranspOnyx shall have no responsibility or liability with respect to how or whether the Passenger uses Your Rides.
3. You commit to report to TranspOnyx any event out of the ordinary which occurs during the Journey. TranspOnyx shall keep a record of all Journey bookings, complaints and lost property.

Identification of Passengers

1. Before starting a Ride, you must verify that You are providing the Ride to the Passenger shown in the Driver App, or that the Passenger has expressly confirmed that they authorise another person to use their account for that Journey.
2. If You have made a mistake in identifying the Passenger and the Fare is charged to a person who has not been provided or has not approved the Journey, TranspOnyx shall reimburse the Passenger for the Fare paid. In such case, you shall not be entitled to receive a TranspOnyx Payment for the relevant Journey.

TranspOnyx App Services

1. TranspOnyx (or its authorised payment agents) processes all payments in relation to the Driver App, including invoicing, collecting payment from Passengers, reporting on payments, refunding Passengers where appropriate, and remitting payment to Drivers ("Payment Services").
2. You acknowledge that all Payment Services in relation to the Driver App will be performed by TranspOnyx.
3. In exchange for the Payment Services, you agree that TranspOnyx will retain a commission fee from any Fare collected based on each Ride you provide ("Commission").
4. You can verify the applicable Commission amount on the Driver App or the Website by entering Your username and password.
5. The Commission amount may change from time to time, but You will be notified prior to any such change. If You do not agree to the change, you must delete the Driver App and stop providing Rides through the Software. Your continued use of the Software after any such change constitutes acceptance of the new Commission.
6. TranspOnyx is not entitled to any fares or commissions you earn by providing passenger transportation services independently or via another software provider.

Fares

1. You agree that TranspOnyx will collect a fare on your behalf through the Driver App for each completed Journey you provide to a Passenger ("Fare").
2. Before accepting an allocation of a Ride booking, you will be provided with an estimated non-binding Fare for the Ride ("Estimate"). The Estimate will also be provided to the Passenger.
3. TranspOnyx operates primarily on fixed-rate pricing ("tarifs forfaitaires"), as required for VTC operators under French law. The fixed Fare for each Ride will be confirmed at the time of booking. Any deviation from the fixed route at the Passenger's request may result in a fare adjustment in accordance with the applicable rate schedule.
4. Where a Passenger changes their destination during the Ride or requests a material deviation from the agreed route, the applicable adjustments will be applied in accordance with the TranspOnyx 2026 pricing schedule.
5. A Passenger may cancel a request for a Ride. The Driver may be entitled to a TranspOnyx Payment for a cancelled Journey ("Cancellation Fee") in the event that a Passenger cancels an accepted request for a Ride beyond the applicable free cancellation window (4 hours before pickup for transfers; 24 hours before pickup for tours and by-the-hour services).

Payment

1. All payments for Rides processed through the Software must go through the designated payment process. You must not request or accept cash payment for Rides processed via the Software unless explicitly authorised by TranspOnyx.
2. Once You end a Ride on the Driver App, TranspOnyx shall invoice the Passenger on Your behalf and process the applicable payment method (card, bank transfer, or cash) in accordance with the confirmed booking terms. TranspOnyx will then create a receipt setting out the route, the Fare, time and other relevant information.
3. The receipt for each Ride will be accessible to You on the Driver App and will also be forwarded to the Passenger.
4. TranspOnyx shall transfer the amounts collected on Your behalf (Fares less the applicable Commission) to Your designated bank account on a weekly basis, no later than the 4th working day of the following week, except where the amount owing to You is less than 15 euros, in which case TranspOnyx will pay You when the amount owing next exceeds 15 euros, or upon termination of the relationship.
5. In the event that You dispute the amount of a TranspOnyx Payment, TranspOnyx may withhold the disputed amounts until the dispute has been resolved.
6. You acknowledge that TranspOnyx shall not be obliged to pay You the TranspOnyx Payments due from a Fare in the event of non-payment by the Passenger where the Passenger's payment is reversed, cancelled or unsuccessful for reasons not attributable to TranspOnyx. TranspOnyx will assist in pursuing the Fare from the Passenger but will not pay more than 100 euros per Journey in such circumstances.
7. TranspOnyx reserves the right to distribute promotional codes to Passengers. You are required to accept the use of valid promo codes when a Passenger applies them through the Software. Any suspected fraudulent use of promo codes may result in cancellation of the code and non-reimbursement of the outstanding amount.

Reporting Misconduct

Without affecting any of TranspOnyx's other rights under these Driver Terms, where TranspOnyx has reasonable grounds to suspect that You have committed, attempted to commit, aided or abetted a crime, it shall take all steps deemed necessary in the circumstances, including reporting Your misconduct to the appropriate French authorities (Police Nationale, Gendarmerie, or relevant Prefect). Where misconduct relates to fraud, including fraudulent documents, TranspOnyx reserves the right to withhold any payments owing to You as a result of fraudulently performed Journeys.

Your Content

1. You confirm that any text, images or other information that You provide to TranspOnyx whilst using the Software Services ("User Content") will meet the Rules of Acceptable Use as defined in clause 14 below.
2. Ownership of Your User Content remains with You. You grant TranspOnyx a worldwide, non-exclusive, royalty-free and perpetual licence to use, copy, reproduce, distribute, adapt, modify, publish and exploit the User Content for the purposes of providing the Software Services.
3. TranspOnyx is not responsible for third-party User Content but may monitor, reject, refuse or delete any User Content that it considers to be in breach of the Rules of Acceptable Use.

Rules of Acceptable Use

1. When using the Software Services (including during any Journey) You must not:
   • circumvent, disable, or otherwise interfere with any security-related features of the Software Services.
   • use the Software if TranspOnyx has suspended or banned You from using it.
   • modify, interfere, intercept, disrupt or hack the Software Services.
   • misuse the Service by knowingly introducing viruses, trojans, worms or other malicious material.
   • collect any data from the Software Services other than in accordance with these Driver Terms.
   • submit or contribute any User Content that contains nudity, violence, or is abusive, threatening, obscene, misleading, untrue or offensive.
   • submit or contribute any User Content that infringes the copyright, trademark or other rights of third parties.
   • submit or contribute any information or commentary about another person without that person's permission.
   • threaten, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety to any other person; or
   • use any automated system, including robots or spiders, to access the Software Services in a manner that exceeds normal human usage.
2. Failure to comply with the Rules of Acceptable Use constitutes a serious breach of these Driver Terms and may result in TranspOnyx taking any or all of the following actions:
   • immediate, temporary or permanent withdrawal of Your right to use the Software Services.
   • immediate, temporary or permanent removal of any User Content.
   • issuance of a formal warning to You.
   • legal action against You including proceedings for reimbursement of all costs; or
   • disclosure of information to law enforcement authorities as TranspOnyx reasonably considers necessary.

Liability

1. The Software, its content and functionality are provided on an "as is" and "as available" basis. To the fullest extent permitted by French law, TranspOnyx and its licensors make no express or implied promises with respect to the Software, its content or functionality.
2. To the maximum extent permitted under applicable law, TranspOnyx and its licensors are not liable for any loss or damage that may occur to You as a result of Your use of the Software, including direct or indirect property damage, monetary loss, loss of profit, loss of business, loss of data, or any other type of indirect or consequential loss or damage.
3. Nothing in these Driver Terms limits or excludes TranspOnyx's liability to You in relation to:
   • death or personal injury arising from TranspOnyx's negligence.
   • fraud on the part of TranspOnyx.
   • any liability that cannot be excluded or limited under applicable French law; or
   • the obligation under these Driver Terms to pay the applicable TranspOnyx Payment to You in respect of any Fare properly collected on Your behalf.
4. TranspOnyx will try to prevent unsuitable Passengers from using the Software. However, TranspOnyx is not liable for the actions or non-actions of the Passengers during any Rides provided.
5. You are fully responsible and liable for any breach by You of these Driver Terms and any other applicable French laws or regulations.
6. You agree to fully indemnify and hold TranspOnyx, its licensors, representatives, employees and directors harmless from any claims or losses that they suffer as a result of Your use of the Software and provision of Journeys, including those resulting from:
   • Your breach of these Driver Terms or documents incorporated by reference.
   • Your violation of any law or the rights of a third party, including Passengers, other motorists and pedestrians.
   • any allegation that materials You submit to TranspOnyx infringe the rights of any third party.
   • Your ownership, use or operation of a motor vehicle, including the provision of Journeys; and
   • any other activities in connection with the provision of Rides by You.
7. As a self-employed contractor ("auto-entrepreneur" or other relevant French professional status), you are solely responsible for all tax obligations you incur as a result of providing Rides, including income tax, social contributions (URSSAF), and any VAT obligations if applicable. To the maximum extent permitted by law, you indemnify TranspOnyx from all tax liabilities, claims and penalties that may arise from Your failure to comply with Your tax obligations.

Personal Data

1. For details on how TranspOnyx collects, stores, discloses and processes your personal data, please refer to the TranspOnyx Driver Privacy Policy at https://transponyx.com/privacy-policy/.
2. By using the Software, you acknowledge that your personal data will be processed in accordance with the TranspOnyx Privacy Policy, the French Data Protection Act (Loi n°78-17 du 6 janvier 1978 modifiee), and EU Regulation 2016/679 (GDPR).
3. Unless expressly permitted otherwise, you shall only collect, record, store, use or cross-use the personal data provided by Passengers through the Software for the purposes of fulfilling the Passenger's Journey request, always in accordance with applicable data protection laws.
4. Unless a communication is initiated at the Passenger's direct request, or TranspOnyx expressly permits you to do so otherwise, you shall only contact a Passenger for the purpose of fulfilling their Ride request made via the Software.

Term and Termination

1. These Driver Terms are effective upon Your submission of Your application to register with TranspOnyx and will continue in full force and effect until terminated by either party in accordance with these Driver Terms.
2. You may terminate your relationship with TranspOnyx at any time by giving TranspOnyx 7 (seven) days' written notice. Upon termination, the licence granted to You is automatically revoked and You must immediately cease use of the Driver App.
3. Unless otherwise set out in these Driver Terms, TranspOnyx may terminate their relationship with You at any time by giving You at least 3 (three) days' written notice.
4. TranspOnyx is entitled to immediately terminate their relationship with You and block Your access to the Software without advance notice if:
   • You are in breach of these Driver Terms and/or any applicable French laws or regulations; or
   • You provide poor service as evidenced by Passenger complaints and/or ratings and such poor service standards would, in TranspOnyx's reasonable opinion, bring TranspOnyx's reputation into disrepute.
5. Upon termination, all rights granted to You under these Driver Terms shall cease. You must delete or remove the Software from Your device. Clauses 4.9, 9, 11, 12, 15, 16 and 18 of these Driver Terms shall survive any termination or expiry.

Final Provisions

1. These Driver Terms shall be governed by and construed in accordance with the laws of France.
2. Any dispute relating to these Driver Terms shall be subject to the exclusive jurisdiction of the courts of Nice, France (Tribunal Judiciaire de Nice), without prejudice to any mandatory provisions of French consumer or professional protection law.
3. You may not assign these Driver Terms or any of the rights or obligations under them.
4. You agree that TranspOnyx may assign any of its obligations arising under these Driver Terms to any affiliated company.
5. Any notice required to be given to You by TranspOnyx will be delivered to the email address associated with Your account, sent by registered mail to the address associated with Your account, or sent via the Driver App. Any notice required to be given by You to TranspOnyx should be delivered using the Driver App, registered mail to TranspOnyx's registered office, or by email to the address listed on the Website.
6. If any provision of these Driver Terms is held to be unenforceable under French law, the parties shall substitute for the affected provision an enforceable provision that approximates the intent and economic effect of the affected provision. The failure or delay by either party to enforce any term of the Driver Terms shall not be deemed a waiver of such term.
7. TranspOnyx may change these Driver Terms at any time by giving You at least 3 (three) days' prior written notice and posting a revised version on the Website. Your continued use of the Software after the expiry of the notice period constitutes acceptance of the revised Driver Terms.