Ownership and Platform

UPrides App (the "App") is owned and operated by Unanime Empire LDA.

The App connects Your Drivers with Riders, enabling independent, licensed private-hire services in the Territory by providing ride offers, scheduling functionality, and secure communication channels.

1. Scope and Application

1. 1. These Terms & Conditions ("T&C") govern your access to and use of the UPrides mobile application and website (the "Platform") to request or provide ride-hailing services in Aveiro, Portugal.

1.2. "Passenger" means any individual who registers to request rides. "Driver" means any individual who registers to accept ride requests and who holds a valid Portuguese TVDE license.

1.3. By creating an account or using the Platform, you agree to be bound by these T&C. If you do not agree, please do not register or use the Platform.

2. Definitions

• Trip: A ride from pick-up to drop-off locations.
• Trip Fare: Trip Fare: The charge for a Trip, calculated per Section 6.
• Platform Commission: The percentage retained by UPrides from each Trip Fare for Drivers on the Commission model.
• Platform Commission: The percentage retained by UPrides from each Trip Fare for Drivers on the Commission model.
• Subscription Fee: The fixed weekly fee for Drivers on the Subscription model.
• Dynamic Pricing Multiplier: Dynamic Pricing Multiplier: A factor (0.1x-2x) applied during periods of high demand.
• Grace Period: The initial window (2-5 minutes) following Driver assignment during which a Passenger may cancel without penalty.

3. Account Registration & Security

3.1 Eligibility: All users must be at least 18 years old. Drivers must also hold a valid TVDE license and comply with Portuguese road-transport regulations.

3.2 Information Required:

• Passengers: full name, email, mobile number, payment method.
• Drivers: full name, email, mobile number, TVDE license, vehicle registration, proof of insurance, bank details.

3.3 Security: Users are responsible for safeguarding their login credentials and for all activity under their account. Notify UPrides immediately of any unauthorized access.

4. Provision of Services

4.1. UPrides acts solely as a technology intermediary connecting Passengers with independent Driver-contractors. UPrides does not itself provide transport services.

4.2. Drivers are responsible for their own taxes, social security contributions, vehicle maintenance and insurance, and compliance with all applicable laws.

5. Booking, Acceptance & Contract Formation

5.1. A binding contract between Passenger and Driver is formed when a Driver accepts a Passenger's booking request via the Platform.

5.2. Passengers will be shown an estimated Trip Fare, vehicle type, and Driver details (name, photo, rating) before confirmation.

5.3. Use of the Platform includes:

• a. The Rider will be provided with identifying information about the Driver, including their first name, photo, real-time location, vehicle make and model, license plate, and the Driver's registered entity name.
• b. If available in the Territory, Riders may schedule pre-booked Rides in advance. Drivers will receive these pre-book requests as Ride offers, which they may accept or decline without penalty. Cancellation of pre-booked Rides is governed by the Cancellation Policy in force at the time of booking.
• c. Drivers may receive Ride offers from Riders who have specifically requested them. Drivers retain the discretion to accept or ignore any such offers.

5.4. Driver use of the Platform:

• a. Drivers are independent contractors and may log in to and use the Platform at their sole discretion there is no obligation to remain logged in or accept any Ride offer.
• b. You and Your Drivers jointly determine if, when, where, and for how long Drivers use the Platform and whether to accept, decline, or ignore Ride offers.
• c. While logged in, Drivers may be subject to geographic restrictions based on their TVDE or taxi license and legal limits on consecutive driving hours for public safety.
• d. Drivers are free to provide transportation services through other platforms including multi-apping unless You and Your Drivers agree otherwise in a separate contract.
• e. When logged in, online, and within the vicinity of Riders, Drivers may receive Ride offers and will be provided trip details in the Platform before acceptance.

6. Fares, Fees & Payment Fares

6.1 Trip Fare Composition

• Trip Fares include VAT, where applicable.
• Fares vary by region and may fluctuate based on local supply and demand ("dynamic pricing"). UPrides may also adjust Fares at its discretion based on local market factors. We will provide notice of any change to base fares or distance/time rates via in-app notification or email.

6.2 Tips

• Tips are not included in Trip Fares. Passengers may tip Drivers in cash (if permitted by local law) or through the Platform.
• Tips collected through the Platform are remitted to Drivers in full, without any Service Fee deduction. Tips belong to Drivers; you agree to forward all tips received without deduction except for mandatory tax withholdings required by law.
• Where permitted by local law, UPrides and Drivers may enter into a separate written agreement regarding the destination and handling of tips and any allowable deductions.

6.3 Ride Surcharges

• Any surcharges incurred during a Trip (e.g., road tolls, bridge/tunnel fees, airport fees) will be paid by the Passenger in addition to the Fare.

6.4 Payment Flow & Remittances

• Passengers pay Trip Fares, tips, and surcharges via the Platform's in-app payment methods (credit/debit card, digital wallet).
• UPrides collects payment on behalf of Drivers and remits net amounts weekly, less any Service Fees or other authorized deductions.

6.5 Driver Compensation Models

• Subscription Model:
  • Weekly subscription fee: €25, charged automatically via chosen payment gateway.
  • Additional expenses (payment gateway fees, tolls, parking, fleet platform fee) are charged separately to the Driver.
  • Minimum average rating ≥ 4.7. Non-payment for two consecutive weeks or breach of the Code of Conduct → switch to Commission model.
• Commission Model:
  • UPrides retains 10% of each Trip Fare (excluding VAT, tips, and surcharges).
  • Drivers bear all Trip-related expenses (tolls, fuel, parking) in addition to the retained Commission.

6.6 Model Switching

• Drivers may request to switch between Subscription and Commission models at the start of any calendar week, subject to eligibility and payment of applicable fees.
• UPrides reserves the right to transfer any non-compliant Subscription driver to the Commission model unilaterally.

6.7 Fare Adjustments & Cancellations

• Passenger-Initiated Adjustments: If a Passenger requests a Fare adjustment (e.g., inefficient route), UPrides will seek Driver authorization within a defined timeframe. Drivers agree to consider bona fide adjustment requests and not to overcharge intentionally.
• Fraud or Error Corrections: In cases of suspected fraud, technical errors, or Rides that did not occur, UPrides may adjust or cancel Fares and surcharges at its discretion without prior Driver consent.
• Cancellation Fees:
• Passengers canceling before Driver arrival may incur a cancellation fee, payable upon cancellation and remitted to the Driver net of Service Fee.
• Drivers canceling or recording a no-show (Passenger fails to board within the wait time) may charge the Passenger a no-show fee, processed via the Platform.

7. Cancellations & No-Shows

7.1. Order of Transport Service

• a. When a Passenger requests a Transport Service and an Operator or Driver acting on its behalf agrees to perform the Transport Service, the Transport Service is deemed to be ordered.
• b. From the moment an Operator or Driver acting on its behalf confirms performance of the Transport Service, the Passenger enters into a separate Transportation Services Contract with the Operator (the "Operator Contract"), on terms agreed between the Operator and the Passenger and set out in the Annex to these T&C. UPrides is not a party to the Operator Contract and does not provide the transport itself.

7.2. Passenger Cancellations

• a. Cancellation occurs when a previously accepted Transport Service request is subsequently rejected, cancelled, or refused by the Passenger.
• b. If cancellation occurs after the Grace Period or other time period specified in the Application, the Passenger is liable for a cancellation fee as displayed in the Application.

7.3. No-Shows

• a. If the Operator or Driver notifies the Passenger of the vehicle's arrival at the pick-up point and the Passenger (or intended passenger) fails to appear within a reasonable period specified in the Application, the order may be cancelled by the Operator or Driver.
• b. In such event, the Passenger will be charged a no-show fee as specified in the Application. UPrides is not responsible for no-show cancellations by Operators or Drivers.

7.4. Waiting Fees

From the time the Operator or Driver arrives at the pick-up point and sends the Passenger an arrival notification, the Application may begin charging a waiting fee at the rate specified in the Application.

7.5. Suggested Categories

UPrides may suggest journey categories in the Platform based on price, estimated arrival time, and your historical preferences. You are under no obligation to select a suggested category.

8. Rights & Obligations

8.1 Passenger

Rights:

• Receive accurate price estimates and clear fare breakdowns (including VAT, dynamic pricing, surcharges).
• Access Driver details (name, photo, rating) before accepting a Trip.
• Rate Drivers and file complaints via the in-app Help Centre.

Obligations:

• Provide accurate pick-up and drop-off locations.
• Behave respectfully; refrain from any illegal, abusive, or hazardous conduct or items.
• Maintain current and valid payment methods; resolve any failed charges.
• Board the vehicle promptly upon Driver arrival.

8.2 Driver

Rights:

• Accept or decline ride requests without penalty.
• Receive net Trip revenue per chosen compensation model.
• Rate Passengers after Trips.

Obligations:

• Maintain valid TVDE license, insurance, and vehicle registration at all times.
• Comply with all applicable traffic, safety, and licensing regulations.
• Provide professional, courteous service and maintain vehicle cleanliness and safety standards.
• Preserve minimum average ratings: ≥ 4.7 (Subscription), ≥ 4.5 (Commission), subject to suspension for non-compliance.

9. Prohibited Conduct

Users must not engage in any of the following conduct, which constitutes a material breach of these T&C:

• Circumvent, disable, or interfere with any security-related features of the Platform.
• Permit another person to use your account or the Platform, unless they are authorized and over 18 (or accompanied by an adult).
• Use the Platform if you have been suspended or banned.
• Modify, disrupt, interrupt, probe, or hack the Platform or its underlying systems.
• Introduce malicious code (e.g., viruses, worms, Trojans, logic bombs) or otherwise compromise the integrity of the Platform or other users' devices.
• Harvest or collect any data from the Platform not expressly permitted by these T&C.
• Submit any content that is unlawful, abusive, threatening, obscene, hateful, deceptive, fraudulent, or infringes the rights of others (including copyright, trademark, privacy, or publicity rights).
• Use any automated system (e.g., bots, spiders, scrapers) to access the Platform in a manner that exceeds normal human interaction rates.
• Retain payment for services not rendered, or otherwise engage in fraudulent or malicious use of the Platform.
• Register usernames or create profiles containing provocative, vengeful, or threatening language.
• Advocate, promote, or engage in illegal or harmful conduct against any person or property, including Drivers.
• Threaten, harass, intimidate, or discriminate against any person, including Drivers, employees, or other Platform users.
• Damage, deface, or vandalize any vehicle used for Transport Services.
• Abuse cancellation or no-show policies (e.g., repeatedly cancelling requests, leaving Drivers waiting beyond reasonable limits).

9.1 Enforcement Actions

Failure to comply with the above may result in any or all of the following actions, with or without prior notice:

• Issuance of a warning.
• Removal or modification of user-generated content.
• Temporary or permanent suspension or termination of access to the Platform.
• Legal action to recover damages, including reasonable administrative or legal costs.
• Disclosure of user information to law enforcement or other authorities, where required or permitted by law.

10. Insurance & Liability.

10.1. Drivers must carry comprehensive vehicle insurance covering third-party liability and passenger injury per Portuguese law.

10.2. UPrides provides no insurance coverage; Drivers are solely responsible for insurance and claims.

10.3. UPrides' aggregate liability is capped at the greater of €50,000 or proven direct damages, excluding personal injury or death from gross negligence or willful misconduct.

10.4. Each party indemnifies the other against claims arising from its own breach, negligence, or willful misconduct.

11. Privacy & Data Protection

Personal data are processed according to our Privacy Policy, available on the Platform.

UPrides complies with the EU GDPR and Portuguese data-protection laws.

12. Intellectual Property

All intellectual property rights in the Platform and its content belong to UPrides.

Users may not copy, modify, distribute, or create derivative works.

13. Force Majeure

Neither party is liable for delays or failures due to events beyond reasonable control, including natural disasters, strikes, pandemics, or governmental actions.

14. Amendments

UPrides may revise these T&C by posting changes in-app. Material changes will be notified 30 days before taking effect.

Continued use after the effective date constitutes acceptance.

15. Notices

Notices must be delivered via the Platform, email, or to:

Unanime Empire LDA.

Rua Mestre Mónica 2

3830-702 Gafanha da Nazaré, Aveiro, Portugal

Email: legal@uprides.eu

16. Dispute Resolution

16.1. Users may lodge complaints through the in-app Complaints Book, by emailing support@uprides.eu, or via the customer-service channels provided in the Platform.

16.2. For any contractual dispute relating to the App(s)/Website(s) or Services that cannot be resolved informally with UPrides customer service, eligible consumers may use one of the following Alternative Dispute Resolution (ADR) providers at reduced or no cost:

• Centro de Arbitragem de Conflitos de Consumo de Aveiro
• Arbitration Centre of Consumo Portugal (CACF)

16.3. Consumers may also submit complaints concerning our Services or these T&C via the EU Online Dispute Resolution (ODR) platform:

https://webgate.ec.europa.eu/odr

16.4. In all cases, Users retain the right to pursue formal legal action before the courts of Portugal if ADR or informal resolution does not resolve the dispute.

17. Governing Law & Jurisdiction.

These T&C are governed by Portuguese law.

Courts in Aveiro have non-exclusive jurisdiction, except where mandatory consumer-protection rules dictate otherwise.

18. Severability & Entire Agreement

If any provision is held unenforceable, the remainder shall continue.

These T&C, together with referenced documents, form the entire agreement between users and UPrides.

19. Driver Standards & Training

19.1. All Driver standards are set by the Instituto da Mobilidade e dos Transportes (IMT) and enforced under Decree-Law No. 45/2018.

19.2. Vehicle Requirements for TVDE in Portugal:

• a. Age of the Vehicle: Must be under 7 years old from first registration. Vehicles older than 7 years may be permitted only if they pass a comprehensive condition inspection to IMT standards.
• b. Doors: Minimum of four (4) doors.
• c. Fuel Type: Electric, hybrid, petrol, or diesel vehicles permitted. Low-emission vehicles may be prioritized in certain cities.
• d. Interior & Features: Must have functioning air conditioning, be in excellent mechanical and aesthetic condition, and kept clean and well-maintained inside and out.
• e. Insurance: Must maintain professional liability insurance covering passenger and third-party civil liability. Accident insurance is recommended.
• f. Inspection: Must pass initial and periodic inspections (IPO - Inspeção Periódica Obrigatória) more frequently than private vehicles. A valid IPO certificate is required.
• g. Registration: Vehicle must be registered under a licensed TVDE operator and entered into IMT's national TVDE registry.
• h. Identification: Must display the mandatory TVDE identifier (sticker) on front and rear windshields as prescribed by local regulations.

19.3. Mandatory TVDE Training:

• a. Course Duration: Total 50 hours (26 hours in-person; 24 hours online).
• b. Curriculum: Includes communication and interpersonal relations, legal and regulatory requirements, defensive driving techniques, vehicle operation, emergency procedures, and first aid.

20. Health, Safety & Emergency Protocols

20.1. Drivers must immediately report collisions, breakdowns, or safety incidents via the Platform's incident-reporting feature.

20.2. The Platform provides an in-app emergency ("panic") button connecting Riders and Drivers to UPrides' safety team and local authorities.

21. Data Retention & Privacy Details

21.1. UPrides retains Personal Data (including location, trip, and payment records) for a minimum of 5 years for tax, safety, and fraud-prevention purposes.

21.2. Users may request data deletion or access under GDPR; supervisory complaints may be directed to the Comissão Nacional de Proteção de Dados (CNPD).

22. Marketing Communications

22.1. Users may opt in to receive promotions and updates; they can unsubscribe at any time via their account settings or by following the opt-out link in communications.

23. Warranty Disclaimer

23.1. The Platform is provided "as-is" without warranties of uptime, accuracy, fitness for a particular purpose, or non-infringement.

24. Assignment & Subcontracting

24.1. UPrides may assign or subcontract its rights and obligations under these T&C to affiliates or third parties, provided users are notified of material changes.

25. Third-Party Links & Content

25.1. The Platform may include links to third-party services (e.g., mapping, payment gateways). UPrides disclaims responsibility for their availability, content, or privacy practices.

26. Tax Compliance

26.1. Drivers are solely responsible for VAT registration, income-tax compliance, social security contributions, and any local licensing fees arising from their services.

27. Children & Vulnerable Passengers

27.1. Minors under 18 must be accompanied by a responsible adult.

Drivers are not authorized to transport unaccompanied minors unless expressly agreed with a parent or guardian.

28. Anti-Bribery & Corruption

28.1. Users must not use the Platform to offer, solicit, or facilitate bribes or improper payments to any person, including public officials.

29. Service Availability & Maintenance

29.1. UPrides may perform scheduled or emergency maintenance, during which service may be unavailable. We will use reasonable efforts to provide advance notice of planned downtime.

30. Disaster Recovery & Business Continuity

30.1. UPrides maintains data backups and continuity plans to minimize service disruptions and recover critical systems in the event of catastrophic failures.

31. Contact Details for Legal Inquiries

31.1. For legal questions regarding these T&C, contact legal@uprides.eu

By accepting these Terms, you agree to be bound by these Terms.