PIDVOZ SERVICE TERMS OF USE

1. General provisions

1.1. These PidVoz Service Terms of Use (hereinafter - the "Terms") govern the use of the mobile application, the website and other software solutions owned or administered by PidVoz.

1.2. The PidVoz Service is designed to enable interaction between persons who plan to travel along a similar route and persons who wish to use a free seat in such a user's vehicle.

1.3. The core concept of the Service is that a Driver who plans a trip from point A to point B on their own may offer other users the opportunity to use a free seat in their vehicle. A Passenger, in turn, may find a suitable ride and join it on the terms set by the Driver.

1.4. PidVoz is not a transport company, a road carrier, a taxi service, a car-hailing service or a dispatch service. PidVoz does not organise the carriage of passengers and does not control the actual performance of rides.

1.5. PidVoz acts solely as a technology platform that makes it possible to search for, publish and exchange information between users.

1.6. Any arrangements regarding a specific ride, including the time, the route, the pick-up procedure, the rules of conduct during the ride and other conditions, arise directly between the Driver and the Passenger.

1.7. By using the Service, the user confirms that they have read these Terms, understand their content and agree to comply with them.

1.8. If the user does not agree with any provision of these Terms, they must stop using the Service.

2. Terms and definitions

2.1. In these Terms, the terms below have the following meaning:

PidVoz - an information technology platform that ensures the functioning of the Service and gives users the opportunity to interact with each other regarding the arrangement of shared rides.

User - a natural person who has created an account in the Service or uses any of its features.

Driver - a User who plans to make their own trip and publishes information in the Service about the availability of free seats in a vehicle.

Passenger - a User of the Service who browses rides offered by Drivers and books a free seat in one of them, and who may also create a ride themselves in order to find a suitable Driver.

Ride - a specific route offered by a Driver or a Passenger that involves the Driver and the Passenger(s) travelling from one point to another.

Seat - an individual passenger seat in the Driver's vehicle available for booking through the Service.

Seat Price - the amount that the Driver determines independently as compensation for the costs associated with making one seat in the vehicle available.

PidVoz Commission - the fee for using the functional capabilities of the Service, paid by the Passenger to PidVoz in accordance with these Terms.

Account - a User's personal profile in the Service.

Booking - an arrangement, confirmed through the Platform, between a Driver and a Passenger on providing the Passenger with one or more Seats in a specific Ride.

3. Legal status of PidVoz

3.1. The User understands and agrees that PidVoz is not a party to the agreement between the Driver and the Passenger.

3.2. PidVoz does not acquire the rights or obligations of a carrier in connection with the use of the Service.

3.3. PidVoz does not own users' vehicles, does not hire Drivers and does not enter into employment or other relations with persons who publish information about rides.

3.4. PidVoz does not determine who is to make a trip, does not assign Drivers, does not control routes and does not manage the carriage process.

3.5. Each Driver independently makes decisions regarding:

• making or cancelling a ride;
• the choice of route;
• the departure time;
• the number of available seats;
• the seat price;
• the choice of Passengers.

3.6. Each Passenger independently decides whether it is appropriate to book a particular ride.

3.7. PidVoz may use technical mechanisms for verification, moderation and access restriction in order to maintain the proper operation of the Service.

4. Registration and account

4.1. The Platform may be used solely by legally capable natural persons who have reached 18 years of age. By accessing or registering on the Platform, the User confirms and warrants that they are 18 years old and have full civil capacity. Booking a Seat on the Platform for a minor unaccompanied by a legally capable adult Passenger is not permitted.

4.2. When registering, the User is obliged to provide current, complete and accurate information.

4.3. The User undertakes to provide accurate, current and truthful information about themselves, to keep it up to date, to keep the password to their Account confidential and not to give access to it to third parties.

4.4. It is prohibited to create an account:

• on behalf of another person without their consent;
• using false information;
• for the purpose of concealing the user's actual identity;
• for carrying out unlawful activity.

4.5. The User is obliged to keep the access details of their account confidential.

4.6. The User is solely responsible for all actions performed under their Account until they notify PidVoz that they have lost control of it.

4.7. If unauthorised access to the account is suspected, the User must immediately notify PidVoz by email at support@pidvoz.com.

4.8. Each User has the right to create and use only one Account. Creating several Accounts by one person, in particular in order to obtain bonuses or promo codes repeatedly or to circumvent restrictions applied by PidVoz, is prohibited.

4.9. PidVoz has the right (but is not obliged) to introduce procedures for verifying the identity, phone number, driving licence and other data of the User. A "verified" mark means only that the User has passed the relevant check and is not a guarantee by PidVoz as to their reliability or conduct.

4.10. PidVoz reserves the right not to publish, to hide or to delete any Listing that does not comply with these Terms or with applicable Ukrainian legislation, or that, in the reasonable opinion of PidVoz, harms the reputation of the Platform or the interests of other Users.

5. Use of the Service

5.1. The User has the right to use the Service solely in accordance with its purpose and with these Terms.

5.2. Use of the Service is permitted for lawful purposes only.

5.3. The User agrees not to use the Service for:

• carrying out commercial carriage;
• systematically making a profit from carriage where this contravenes the law;
• publishing false information;
• deceiving other users;
• infringing the rights of third parties.

5.4. PidVoz reserves the right to restrict or terminate a user's access to the Service in the cases provided for by these Terms.

6. Creation of rides by a Driver

6.1. A User who intends to act as a Driver may create a ride offer through the functionality of the Service.

6.2. By publishing information about a ride, the Driver confirms that such a ride is their own planned route and that the Service is being used in order to find persons who may use the free seats in the vehicle.

6.3. The Driver independently determines all material parameters of the ride, including:

• the departure point;
• the final destination;
• intermediate stops (if any);
• the date and approximate time of departure;
• the number of available seats;
• the price of one seat;
• additional conditions for participating in the ride.

6.4. The Driver is obliged to ensure that the information published in the Service is accurate and does not mislead other users.

6.5. The Driver may not create rides that they do not in fact plan to make, or use the Service to publish fictitious offers.

6.6. If circumstances change in a way that affects the possibility of making the ride, the Driver must, where possible, notify the Passengers who have booked seats in good time.

6.6.a. The Driver has the technical ability to change the pick-up and/or drop-off point of an already confirmed Passenger within a Ride themselves (for example, to optimise the route). The Passenger receives a notification of such a change through the functionality of the Service.

6.7. The Driver independently determines whether a particular Passenger meets the conditions for a safe and comfortable ride.

6.8. PidVoz does not verify the Driver's actual intention to make a ride and does not guarantee that every published offer will be realised.

7. Obligations and liability of the Driver

7.1. The Driver acknowledges that it is the Driver who is responsible for organising and actually performing the ride.

7.2. The Driver is obliged to use a vehicle that complies with the requirements of Ukrainian legislation and is in proper technical condition.

7.3. The Driver is obliged to hold the right to drive the relevant vehicle and to comply with legal requirements on the operation of vehicles.

7.4. While making a ride, the Driver is obliged:

• to comply with the Road Traffic Rules of Ukraine;
• not to drive the vehicle while under the influence of alcohol, drugs or other intoxicating substances;
• not to create deliberate danger for Passengers;
• to ensure proper conditions for Passengers in the vehicle;
• not to transport prohibited items or substances.

7.5. The Driver is solely responsible for:

• the safety of driving the vehicle;
• compliance with road traffic rules;
• the technical condition of the car;
• having the necessary documents for the car;
• holding a valid driving licence;
• the quality or comfort of the ride;
• being late;
• failure to perform or improper performance of the arrangements;
• their own acts or omissions during the ride.

7.6. PidVoz does not check the driving licence, insurance documents, technical condition of the car or other documents of the Driver, unless expressly stated otherwise in the functionality of the Service.

7.7. The presence of a Driver profile in the Service does not mean confirmation or a guarantee by PidVoz as to the professionalism, experience or reliability of such Driver.

8. Rights and obligations of the Passenger

8.1. By using the Service, the Passenger confirms that they independently assess whether it is appropriate to take part in a particular ride.

8.2. Before booking, the Passenger must review the available information about the ride, including the route, the time, the seat price and other conditions specified by the Driver.

8.3. The Passenger has the right:

• to browse available ride offers;
• to book available seats;
• to receive the information available in the Service;
• to use the rating functionality after the ride is completed.

8.4. The Passenger is obliged:

• to pay the seat compensation during, before or after the ride;
• to pay the Service commission;
• to provide accurate information during registration;
• to arrive at the designated pick-up point on time;
• to behave correctly and safely;
• to respect the Driver, the other Passengers and the Driver's property;
• not to create obstacles to driving the vehicle;
• not to transport items prohibited by Ukrainian legislation.

8.5. The Passenger has no right to require the Driver to change the route if such changes have not been agreed between the parties.

8.6. The Passenger understands that the ride is made by a private person on their own route, and not by a professional carrier.

9. Booking a seat and interaction between users

9.1. A seat is booked by the Passenger through the functionality of the Service.

9.2. After the booking is confirmed by the Driver, the Passenger obtains the opportunity to take part in the relevant ride on the terms specified by the Driver.

9.3. The fact of a booking does not create a relationship of carriage, agency or representation between PidVoz and the Passenger or the Driver.

9.4. PidVoz merely provides the technical means for exchanging information between users.

9.5. Users independently agree additional organisational matters that are not determined in the Service, in particular:

• the exact meeting place;
• the pick-up procedure;
• the possibility of carrying luggage;
• other practical matters.

9.6. PidVoz does not take part in negotiations between users regarding the conditions of a particular ride and is not responsible for the results of such arrangements.

9.7. Users are obliged to act in good faith and not to use the functionality of the Service to cause harm to others.

10. Features of the PidVoz model

10.1. Users confirm that the main purpose of using PidVoz is to find an opportunity for joint travel by persons who are heading in a similar direction.

10.2. The Driver does not sell a transport service as a professional carrier, but gives another person the opportunity to take a free seat in the vehicle during the Driver's own trip.

10.3. The seat price is determined by the Driver independently and is in the nature of compensation for the costs associated with the trip.

10.4. PidVoz does not set how regularly a Driver makes trips. A Driver may use the Service either once or repeatedly.

10.5. The mere fact of repeated use of the Service does not mean that employment, agency or carriage relations automatically arise between the Driver and PidVoz.

11. Financial terms and the PidVoz commission

11.1. The use of certain functional capabilities of the Service may involve payment by the user of a fee for access to such capabilities.

11.2. Within the PidVoz model, the Passenger pays the PidVoz commission for the use of the technology platform that makes it possible to search for rides, interact with Drivers and make bookings.

11.3. The PidVoz commission is not payment for carriage, is not payment of the price of a seat in the vehicle and is not remuneration of the Driver.

11.4. The amount of the PidVoz commission is determined by PidVoz independently and is shown to the Passenger before the booking is confirmed.

11.5. The Passenger confirms their consent to pay the commission by performing the relevant action in the Service, which involves confirming the booking and making payment.

11.6. PidVoz has the right to change the amount of the commission, the procedure for calculating it or the conditions of its application.

11.7. New commission terms apply only to future bookings, unless otherwise expressly provided by Ukrainian legislation.

11.8. Where promotions, promo codes or special offers are used, PidVoz has the right to establish separate rules for their application.

12. Payment of the seat compensation to the Driver

12.1. The amount of compensation for a seat in the vehicle is determined solely by the Driver.

12.2. PidVoz does not set, control or recommend the amount of the seat compensation.

12.3. The seat price is compensated by the Passenger directly to the Driver in the manner agreed between them.

12.4. PidVoz is not a party to the financial settlements between the Driver and the Passenger.

12.5. PidVoz does not accept funds intended to pay the seat compensation, unless expressly stated otherwise in the functionality of the Service.

12.6. Where funds are transferred directly between the Driver and the Passenger, PidVoz is NOT responsible for:

• the fact of the transfer of funds;
• the completeness or timeliness of payment;
• the method of settlement;
• disputes over the amount of compensation;
• the return of funds if the ride is changed or cancelled.

12.7. All financial matters between the Driver and the Passenger are resolved by them independently, without the involvement of PidVoz.

13. Cancellation of a booking and of a ride

13.1. Users understand that a ride is the result of an arrangement between the Driver and the Passenger, and that PidVoz merely provides the technical means for making such an arrangement.

13.2. The Driver has the right to cancel an offered ride if they can no longer or no longer wish to make it.

13.3. The Passenger has the right to cancel their booking through the functionality of the Service.

13.4. If a ride is cancelled, users must act in good faith and, where possible, notify the other party in advance.

13.5. PidVoz does not guarantee that a cancelled ride will be replaced by another offer.

13.6. PidVoz is not responsible for inconvenience, expenses or losses that may arise in connection with the cancellation of a ride by a Driver or a Passenger.

14. Refund of the PidVoz commission

14.1. The PidVoz Commission is a fee for access to the functionality of the Service and the technical capabilities of the platform. The PidVoz Commission amounts to 10% of the Seat Price for the relevant Booking, but not less than UAH 5 (five hryvnias), and is shown to the Passenger before the Booking is confirmed. The Commission is stated in hryvnias. PidVoz determines the amount of the Commission independently.

14.2. The PidVoz service is deemed to have been provided from the moment the booking is confirmed and the Passenger is given access to the relevant functionality of the Service.

14.3. Due to the nature of the digital service, the commission paid is generally non-refundable after the booking is confirmed, except in the cases provided for by these Terms or by Ukrainian legislation.

14.4. PidVoz may refund the commission in the following cases:

• a technical error that resulted in funds being debited incorrectly;
• other cases determined by PidVoz at its own discretion or in accordance with the requirements of the law.

14.5. Commission refund matters are considered individually on the basis of a user's request to the PidVoz support service by email at: support@pidvoz.com.

14.6. Payment of the PidVoz commission does not give the Passenger the right to claim compensation from PidVoz for the Driver's failure to perform or improper performance of a ride.

15. Reviews, ratings and user rating scores

15.1. After a ride is completed, users may be given the opportunity to leave a rating or a review about another participant in the ride.

15.2. The rating system is designed to improve the quality of using the Service and to help other users make decisions.

15.3. The User undertakes to leave only truthful and good-faith ratings.

15.4. It is prohibited to use reviews for:

• insulting or humiliating other persons;
• spreading false information;
• discrimination;
• threats;
• advertising third-party services.

15.5. PidVoz has the right to delete or hide a review if it:

• breaches these Terms;
• contains offensive or unlawful content;
• does not relate to actual use of the Service.

15.6. PidVoz does not guarantee the absolute accuracy of all ratings and reviews, as they are the subjective opinion of users.

16. Prohibited user actions

16.1. When using the Service, users are prohibited from taking actions that may cause harm to other users, to PidVoz or to third parties.

16.2. In particular, a user has no right:

• to use the Service for unlawful purposes;
• to publish false information;
• to create fictitious rides;
• to use another person's account;
• to give access to their account to other persons;
• to circumvent the technical restrictions of the Service;
• to attempt to gain unauthorised access to PidVoz systems;
• to use the Service for advertising without the permission of PidVoz;
• to collect personal data of other users without lawful grounds;
• to take actions that may adversely affect the operation of the Service.

16.3. If breaches are detected, PidVoz has the right to apply the measures provided for by these Terms.

17. Liability of users and limitation of PidVoz liability

17.1. Users acknowledge that PidVoz is solely a technology platform for interaction between persons who organise a shared ride themselves. PidVoz does not take part in the actual carriage process, does not drive vehicles and does not determine the conditions of a particular ride.

17.2. Users make any decisions on taking part in a ride, choosing a Driver or a Passenger, agreeing the route, the meeting time and other conditions independently and at their own risk.

17.3. PidVoz is not responsible for the acts or omissions of users, including but not limited to:

• failure to perform or improper performance of the arrangements between the Driver and the Passenger;
• cancellation of a ride;
• the Driver or the Passenger being late;
• a change of route;
• the quality or comfort of the ride;
• the conduct of participants;
• the condition of the vehicle;
• loss of or damage to personal belongings;
• conflicts between users.

17.4. To the maximum extent permitted by Ukrainian legislation, PidVoz is not liable for any direct or indirect losses that may arise in connection with the use of, or the inability to use, the Service.

17.5. In particular, PidVoz is not liable for harm associated with:

• road traffic accidents;
• injuries or other harm to health;
• the death of a person;
• damage to or loss of property;
• unlawful acts of other users;
• fraud by users;
• technical faults that have arisen through no fault of PidVoz.

17.6. Use of the Service does not mean that PidVoz checks, confirms or guarantees a user's identity, conduct, driving experience, state of health, the technical condition of a car or other characteristics that may affect the safety of a ride.

17.7. If PidVoz voluntarily carries out certain measures to check or moderate users, this does not create an obligation for PidVoz to ensure the complete safety of every ride or to guarantee the conduct of users.

18. Disclaimer of warranties

18.1. PidVoz makes reasonable efforts to ensure the stable operation of the platform; however, it does not guarantee that the Service will operate uninterruptedly, without errors, or will fully meet the individual expectations of every user.

18.2. PidVoz does not guarantee:

• the availability of suitable rides at any given time;
• that a particular ride will meet the user's expectations;
• the accuracy of all information published by users;
• the successful completion of every ride;
• the absence of cancellations or changes on the part of users.

18.3. Information published by users in the Service is the responsibility of the persons who published it.

18.4. PidVoz is not obliged to check every message, ride description or other information that users add to the Service.

18.5. At the same time, PidVoz may moderate content and apply measures in respect of information or users that breach these Terms.

19. Safety rules during a ride

19.1. User safety is an important condition of using the Service. Every user is obliged to act reasonably, carefully and responsibly.

19.2. The Driver is responsible for driving the vehicle safely and must comply with the requirements of Ukrainian road traffic legislation.

19.3. The Driver must not begin or continue a ride if their physical or mental condition may create a danger to other persons.

19.4. The Passenger must not:

• obstruct the Driver while driving the car;
• demand that road traffic rules be broken;
• behave aggressively or create dangerous situations;
• damage the Driver's property.

19.5. The Driver has the right to refuse a person a ride or to end a ride if the conduct of such Passenger creates a danger or materially infringes the rights of other persons.

19.6. PidVoz does not control the actual conduct of users during a ride and cannot guarantee the absence of conflicts between them.

20. Personal data

20.1. By using the Service, the user agrees that PidVoz may process their personal data in accordance with Ukrainian legislation in the field of personal data protection.

20.2. Personal data is processed for the purpose of:

• creating and administering an account;
• ensuring the operation of the Service;
• organising interaction between users;
• ensuring the security of the platform;
• providing support to users;
• improving the operation of the Service.

20.3. PidVoz processes only the personal data that is necessary for the functioning of the Service.

20.4. PidVoz may transfer personal data to other users only where this is necessary to organise interaction between them, for example to make a booking or to communicate about a ride.

20.5. PidVoz applies reasonable organisational and technical measures to protect users' personal data.

20.6. The detailed terms of personal data processing are set out in a separate PidVoz Privacy Policy.

21. Intellectual property

21.1. All elements of the Service, including the software, design, logos, graphic elements, texts, structure and functional solutions, belong to PidVoz or are used by it on lawful grounds.

21.2. The User receives a limited, non-exclusive and revocable right to use the Service solely in accordance with its purpose.

21.3. It is prohibited to copy, modify, distribute or use elements of the Service without the prior written consent of PidVoz.

22. Termination of use of the Service

22.1. The User has the right to stop using the Service at any time by deleting their account or by ceasing to use the functionality of the platform.

22.2. Termination of the use of the Service does not release the user from performing obligations that arose before such termination.

22.3. PidVoz has the right to restrict temporarily or terminate entirely a user's access to the Service in cases where there are reasonable grounds to believe that the user:

• breaches these Terms;
• breaches the requirements of Ukrainian legislation;
• uses the Service for an unlawful purpose;
• provides false information;
• creates a risk to the safety of other users;
• attempts to harm the operation of the Service;
• uses the platform contrary to its purpose.

22.4. Before applying restrictions, PidVoz may, but is not obliged to, ask the User to explain the relevant circumstances or to remedy the breach. In cases where a breach creates a risk to the safety of Users or shows signs of fraud or other unlawful activity, PidVoz has the right to apply restrictions without prior notice. Deletion of an Account does not mean the automatic termination of the User's liability for acts committed before such deletion.

22.5. In cases where a breach creates a risk to the safety of users or shows signs of fraud or other unlawful activity, PidVoz has the right to apply restrictions without prior notice.

22.6. Deletion of a user's account does not mean the automatic termination of liability for acts that were committed before such deletion.

23. Force majeure

23.1. Neither party to these Terms is liable for the complete or partial failure to perform its obligations if such failure is caused by circumstances of insuperable force (force majeure) whose occurrence the party could not have foreseen and/or prevented by reasonable measures.

23.2. Force majeure includes, in particular: hostilities, martial law, armed aggression, air raid alerts, curfews, terrorist acts; decisions of state authorities that restrict or make impossible the use of the Service or the making of Rides; large-scale outages of electricity supply, the Internet or mobile communications; natural disasters, pandemics, epidemics and related quarantine restrictions; failures in the operation of payment systems, banks or payment providers that are beyond the control of PidVoz.

23.3. The occurrence of force majeure is confirmed by a certificate of the Ukrainian Chamber of Commerce and Industry or by another document having the relevant legal force under Ukrainian legislation. For the duration of the force majeure circumstances, the performance of the relevant obligations of the parties is suspended.

24. Procedure for handling enquiries and complaints

24.1. A User who believes that their rights have been infringed by the actions of another User or of PidVoz has the right to contact the PidVoz support service via the feedback form or by email at support@pidvoz.com, describing the situation and providing the available evidence.

24.2. PidVoz considers the User's enquiry and provides a substantive response within 14 calendar days from the date the enquiry is received. Where additional information needs to be obtained or the circumstances verified, this period may be extended, of which PidVoz notifies the User, indicating the approximate period for consideration.

24.3. Pre-trial settlement of a dispute in accordance with this article is not a mandatory precondition for the User to apply to a court or other competent bodies and does not deprive the User of the right to such protection in accordance with article 26 of these Terms.

25. Changes to the Terms of Use

25.1. PidVoz has the right to make changes to these Terms in connection with changes in Ukrainian legislation, the development of the Platform's functionality or for other justified reasons. The current version of the Terms is always available on the Platform with an indication of its effective date.

25.2. Continued use of the Platform after the amended Terms take effect means that the User accepts them. If the User does not agree with the changes, they have the right to stop using the Platform and to delete their Account before the changes take effect.

26. Applicable law and dispute resolution

26.1. These Terms are drawn up in the Ukrainian language and are governed by the legislation of Ukraine.

The parties will make efforts to resolve any disputes through negotiations. If no agreement is reached, the dispute is referred to the competent court of Ukraine in accordance with the jurisdiction established by law.

27. Final provisions

27.1. These Terms are drawn up and published on the Platform in the Ukrainian language. If the Terms are translated into other languages for the convenience of Users, in the event of any discrepancies between the texts the Ukrainian-language version prevails.

27.2. Official notices from PidVoz to the User are sent through push notifications in the application, to the email address specified during registration and/or in another manner provided for by the functionality of the Platform. A notice is deemed to have been received by the User on the next business day after it is sent.

27.3. If in a particular case PidVoz has not exercised any of its rights under these Terms (in particular, the right to suspend or restrict the User's access to the Service), this is not deemed a waiver by PidVoz of that right and does not deprive PidVoz of the possibility of exercising it later.

27.4. These Terms, together with the PidVoz Privacy Policy, constitute the entire agreement between PidVoz and the User regarding the use of the Service and supersede any prior oral or written arrangements, statements or warranties on this matter.

27.5. If any provision of these Terms is found by a competent court to be invalid or unenforceable, this does not entail the invalidity of the other provisions of the Terms. The parties will make reasonable efforts to replace the invalid provision with one that most closely reflects the original economic and legal intent of the parties.