These Terms and Conditions, along with any agreements executed or accepted by you (“you”, “your”, or “User”), which are incorporated herein by reference (“Terms”), govern your access to, use of, or interaction with the mobile application (“Hopr App”) or the website available at https://www.hopr.mobi/ (collectively, the “Platform”), whether through a computer, mobile phone, or any other device (“Device”), and your use of the Services (defined hereinafter) provided by Flexiride Solutions Private Limited (“Flexiride”, “Company”, “us”, “we”, or “our”).

1. General

a) The Platform facilitates the provision of certain services (“Services”), which enable Users to discover and connect with individuals travelling in private vehicles along the same or substantially similar routes at overlapping or corresponding times. Users of the Platform may either: (i) offer carpooling arrangements as a “Host”; or (ii) seek to join such arrangements as a “Guest”. The Platform uses route- and time-based criteria to match Hosts with suitable Guests.

b) You agree that the Platform is, and continues to be, an intermediary for the purposes of the Information Technology Act, 2000.

c) You acknowledge that you have read, understood, and agreed to be bound by these Terms, including, but not limited to, our Privacy Policy, which is incorporated herein by reference, thereby creating a legally binding arrangement. If you do not agree with any part of these Terms, you must not access or use the Platform.

d) For the avoidance of doubt, the Services are intended solely for use in connection with private vehicles, irrespective of whether the Host is the registered owner of such vehicle or otherwise. The Services are not, and shall not be construed as, a taxi service, public service vehicle, contract carriage, or stage carriage service. The Platform does not authorise or permit Hosts to use the Services for any commercial transportation purpose or for the carriage of passengers for hire or reward.

2. Verification of IDs and Phone Number

a) By accepting these Terms, every User, or any person who wishes to register as a User, agrees and consents to the collection of IDs and/or documents belonging to them, including, but not limited to, email IDs, driving licences, PAN cards, Aadhaar cards, and passports, for the purpose of verifying the information contained in such IDs and/or documents through third-party service providers.

b) Users may verify their mobile number by providing us with their mobile phone number, after which the User will receive an SMS containing a four-digit code that can be validated on the Platform. This service is free of charge, except for any costs that may be levied by the User’s mobile phone operator for receiving the SMS.

3. Messaging Platform

a) By accepting these Terms, every User agrees and consents to Flexiride communicating with them via phone calls, SMS, email, and such other means as Flexiride may deem appropriate. Such communications with Users may be recorded through technical support provided by third parties for training and quality purposes and for regularly updating Users about the Services offered through the Platform.

b) We may review, scan, and moderate messages exchanged by Users through the Platform, particularly for fraud prevention, customer support, enforcement of these Terms, and compliance with applicable laws. For example, to prevent circumvention of the Services, we may scan and analyse messages sent through the Platform to check whether they include contact details or references to other websites.

c) By using the Platform and accepting these Terms, the User agrees that the Company may, at its sole discretion, review, analyse, and moderate messages exchanged through the Platform.

d) By using the messaging feature of the Platform, the User undertakes not to write and/or send any message prohibited by applicable law. We reserve the right to filter or delete messages and suspend or terminate the User’s access to the Platform if, during moderation, it appears that the User does not comply with these Terms and/or applicable law.

4. Responsibilities of the Host

The Host represents and warrants to us and the Guest as follows:

a) The Host is at least 18 years of age and is medically fit to drive in accordance with applicable law.

b) The Host holds a valid driving licence issued by the relevant governmental authority, is authorised to operate a motor vehicle, and has all appropriate licences, approvals, and authority to drive or ride the vehicle in the relevant jurisdiction.

c) The Host either owns or has the legal right to operate the vehicle, and the vehicle is in good operating condition and meets all applicable statutory and State Department of Motor Vehicles requirements for a vehicle of its kind. Further, the vehicle has a valid PUC (Pollution Under Control) certificate, insurance, registration certificate (log book), and other applicable documentation.

d) It is hereby affirmed that the Host is not registered, enrolled, or otherwise recorded in any public or private registry as a taxi driver, public service vehicle operator, stage carriage operator, or contract carriage service provider. Furthermore, the vehicle used to provide such a ride is not registered with any relevant governmental or regulatory authority as a public service transportation vehicle, stage carriage, contract carriage, tourist vehicle, or any other category of vehicle intended for commercial passenger transport.

e) The Host has a sufficient insurance policy to cover the vehicle.

f) The Host shall be solely responsible for any and all liability resulting from, or alleged to result from, the operation of the vehicle, including, but not limited to, personal injury, death, and property damage.

g) In the event of an accident, the Host will be solely responsible for compliance with any applicable statutory or Department of Motor Vehicles requirements.

h) The Host shall comply with all applicable laws, including local and municipal laws, driving restrictions, road restrictions, and guidelines, and shall follow safe driving practices.

i) The Host shall not misrepresent the Platform or us; offer or provide transportation services for profit, as a public carrier or taxi service; charge for rides or otherwise seek non-voluntary compensation or additional costs from Guests other than the pre-agreed cost; or engage in any other activity in a manner inconsistent with their obligations under these Terms.

j) The Host shall not discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age, or sexual orientation.

k) The Host agrees and undertakes to maintain an insurance policy covering third-party liability and the Guest and, upon request, to provide the Guest with evidence of the complete validity of such insurance policy in advance of the ride.

l) The Host must adhere to the agreed pickup timings and arrive at the designated point on time. In the event of any unforeseen delay, the Host is responsible for promptly informing the Guest. The Host must follow the agreed route and may deviate only in exceptional circumstances where the original route becomes unviable. In such cases, the Host must notify the Guest of the change as early as possible, preferably before the deviation occurs.

m) The Host must not undertake the ride for any fraudulent, unlawful, or criminal activity.

n) The Host must be present on time and at the place agreed upon with the Guest. In the event of any changes to the ride, the Host must promptly inform the Guest of such changes.

5. Responsibilities of the Guest

The Guest represents and warrants to us and the Host as follows:

a) The Guest is at least 18 years of age.

b) The Guest must not undertake the ride for any fraudulent, unlawful, or criminal activity.

c) The Guest must be present on time and at the place agreed upon with the Host. In the event of any changes or cancellation, the Guest must promptly inform the Host.

d) The Guest agrees to wait at the pickup point at the agreed time for the Host to arrive.

e) The Guest will follow the payment system outlined below.

6. Other Dos and Don’ts

You shall not:

a) Impersonate or otherwise harass any person.

b) Breach any intellectual property rights of Flexiride or any third party.

c) Attempt to interfere with, disrupt, impair, or undermine the operation, functionality, security, or integrity of the Services, the Platform, or any servers, networks, or systems connected to or supporting the Services or the Platform.

d) Distribute viruses, Trojan horses, worms, or other similar harmful or deleterious programming routines, or gain unauthorised access to any machine accessible through the Platform.

e) Modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile, or otherwise disassemble any portion of the Services or any software used on or for the Services, or cause others to do so.

f) You further agree that your information and your interactions in connection with the Services on the Platform shall not:

i. Be false, inaccurate, or misleading, whether directly, by omission, or by failure to update information.

ii. Infringe any third party’s rights, including, but not limited to, intellectual property rights.

iii. Violate any law, statute, ordinance, or regulation.

iv. Be defamatory, abusive, obscene, profane, offensive, or sexual in nature.

v. Create liability for us or cause us to become subject to regulation as a transportation carrier or provider of taxi services.

vi. Link directly or indirectly to any other websites.

g) You agree that you will use the Services in a manner consistent with all applicable laws and regulations.

h) Carpooling with family members or friends with the intention of exploiting the Platform or its offers is prohibited.

i) Unless expressly agreed otherwise, Users are limited to one User account per User, and such account shall be non-transferable.

7. Mode of Payment

a) As a Guest, you agree to make payment to the Host for the ride via online payment methods, including, but not limited to, UPI, through the payment gateway integrated into the Platform. Upon successful receipt of such payment, the Platform shall remit the corresponding amount to the Host within 24 to 48 hours, after deducting: (i) any applicable taxes as required under applicable laws; and (ii) the Platform’s service fee and/or any other charges or deductions that the Platform may determine appropriate at its sole discretion.

b) All payments facilitated through the Platform shall be deemed final and non-refundable.

c) No refund will be processed once the ride has started or the Guest has marked “Met Host” on the Hopr App.

d) Refunds in respect of eligible cancellations only shall be credited to the Guest’s Hopr Wallet. No refund shall be processed or credited to the Guest’s bank account or original payment method.

e) The Platform reserves the right to scrutinise any ride activity suspected to be fraudulent or in violation of these Terms and to withhold payments to the Guest and/or Host in connection with such activity. In the event of any suspicious activity, the Platform reserves the right to suspend the Guest’s or Host’s account, as applicable.

f) The Platform reserves the right to hold or forfeit payments to the Host, or any refunds to the Guest, at its sole discretion, subject to any other rights or remedies the Company may have under these Terms or otherwise under law or equity, upon the occurrence of any fraud detection event mentioned in Paragraph 8 below.

8. Fraud Detection Events

The Platform reserves the right to hold or forfeit payments to the Host or refunds to the Guest, and/or to withhold, cancel, reverse, recover, or forfeit any referral incentives, ride incentives, rewards, or promotional benefits, at its sole discretion, upon the occurrence of one or more of the following events:

a) If a Host marks a ride as “Completed” without: (i) marking “Ride Started” on the Hopr App; (ii) picking up or dropping off the Guest at the assigned locations; or (iii) reaching or passing through the Guest’s designated pickup and/or drop-off locations.

b) If multiple rides are undertaken using the same or multiple Guest or Host accounts, across multiple locations or otherwise.

c) If a Host marks a ride as “Completed” within an unrealistically short period for the mapped distance.

d) If a User uses fake or duplicate accounts registered through the same Device but with different contact details or other information.

e) If a Guest raises a refund request through the Hopr App after the completion of three (3) hours of the ride, or after the Host marks the ride as “Completed”, whichever is earlier.

f) If the overlap between the respective routes of the Guest and Host is more than 80%.

g) If any User information, including, but not limited to, an email address, government-issued identification, UPI ID, bank account details, mobile number, vehicle information, or any other identifying information, is found to be linked to or used across multiple User accounts.

h) If a significant proportion of Users referred under the Platform’s referral programme become inactive shortly after receiving referral benefits or otherwise exhibit patterns indicative of referral abuse or incentive manipulation.

i) If a Host does not start the ride through the Hopr App, or boards or alights the Guest at a location other than the designated pickup and drop-off points, except where otherwise permitted by the Platform.

j) If a User registers or maintains their account using a disposable, temporary, anonymous, or throwaway email address, or otherwise attempts to circumvent the Platform’s policies through the use of such email services.

k) If a User completes multiple rides over unusually short distances within a short period in a manner reasonably determined by the Platform to be intended to abuse the Platform, incentives, rewards, or promotional programmes.

l) If a User registers or uses an unauthorised vehicle; a vehicle not owned or lawfully operated by the User; a commercial or taxi-operated vehicle, including a yellow number plate vehicle, where such use is prohibited under the Platform’s policies; a vehicle with false, invalid, or non-existent registration details; or fails to provide valid vehicle documents upon request.

m) Any other cases determined by the Platform, at its sole discretion, to be fraudulent or in violation of these Terms.

9. Ratings

As a User of the Platform, whether acting in the capacity of a Guest or Host, you may be given the opportunity to rate and review your experience with the other User upon completion of a ride.

The Platform reserves the right, at its sole discretion, to collect, publish, display, and retain such ratings and reviews on the Platform and/or any affiliated channels, in whole or in part, for as long as deemed appropriate.

By submitting a rating or review, you acknowledge and agree that such content may be made publicly available and that the Platform shall have no obligation to remove or modify such content, except as may be required by applicable law or as determined appropriate by the Platform at its sole discretion.

The Company further reserves the right to edit or remove comments where such comments contain obscenities or other objectionable content, include an individual’s name or other personal data, violate applicable privacy laws and regulations or other laws, or violate the Company’s content policies.

10. Company Assessment

Users may, but are not obligated to, provide or otherwise make available to the Company certain feedback, suggestions, comments, ideas, or other concepts relating to the Company’s Platform, products, and services (“Feedback”).

However, to the extent that a User provides or otherwise makes Feedback available to the Company, the User hereby grants the Company a perpetual, irrevocable, worldwide, royalty-free, fully sublicensable right to use, reproduce, adapt, represent, and otherwise exploit such Feedback using all means and media, without restriction of any kind with regard to methods of exploitation, number of copies, dissemination, or utilisation.

11. Indemnity

You will defend, indemnify, and hold us, our officers, directors, employees, agents, and any third parties harmless from any losses, costs, liabilities, and expenses, including reasonable attorneys’ fees, relating to or arising out of your use of the Services, including:

a) Your breach of these Terms, the Privacy Policy, or any other document incorporated herein by reference.

b) Your violation of any law or the rights of a third party as a result of your own interaction with such third party.

c) Any allegation that information submitted by you to us violates any intellectual property rights or other rights of a third party.

d) Your ownership, use, or operation of a passenger vehicle.

e) Any other activities in connection with the Services.

12. Limitation of Liability

a) We have no responsibility whatsoever for the actions or conduct of Guests or Hosts. We are under no obligation to intervene in or otherwise become involved in disputes that may arise between Guests and Hosts or any third parties.

Responsibility for decisions you make regarding providing or accepting ride-sharing arrangements rests solely with you. It is each User’s responsibility to take reasonable precautions in all actions and interactions with any party they may interact with through the use of the Services.

We may, but have no responsibility to, screen or otherwise evaluate potential Users, and we request that Users exercise caution and good judgement when using the Services. Hosts and Guests use the Services at their own risk and discretion.

b) The Company will not be responsible for:

i. False, misleading, inaccurate, or incomplete information provided by a User.

ii. Cancellation of a ride by a Host or Guest.

iii. Any fraud, fraudulent misrepresentation, breach of duty, or breach of these Terms by a Host or Guest during or after a ride.

c) Nothing herein limits or excludes, nor is intended to limit or exclude, any statutory rights that you or the Company may have under applicable laws and that cannot lawfully be limited or excluded.

That said, the Company shall not be liable for loss of actual or anticipated profits, loss of goodwill, loss of business, loss of revenue or use of money, loss of contracts, loss of anticipated savings, loss of data and/or costs incurred in restoring data, or any special, indirect, or consequential loss. Such liability is excluded whether foreseeable, known, foreseen, or otherwise.

d) Notwithstanding anything to the contrary set out herein, the Company’s aggregate liability under these Terms shall not exceed INR 2,000 (Indian Rupees Two Thousand only).

13. Disclaimers

a) It is hereby expressly clarified that the Platform neither provides nor promotes the provision of public or private transportation services. The decision to offer a ride to a Guest lies solely with the Host, and the decision to accept such a ride rests exclusively with the Guest.

Any decision to offer or accept a ride following a match facilitated by the Platform shall be made independently and at the sole discretion of the respective User.

b) The Platform merely provides a medium for information exchange and a technological means to enable the discovery and connection of Hosts and Guests based on route and timing parameters.

c) The Platform does not, and shall not be deemed to, provide any transportation or carriage services, nor shall it be construed as operating as a transportation service provider, carrier, or agent of any User.

Accordingly, the Platform assumes no responsibility or liability whatsoever for any ride or transportation service that may be voluntarily arranged or undertaken by a Host in favour of a Guest through the use of the Platform.

d) You are responsible for your safety with regard to the Services undertaken through the Platform. The Platform is a technology-enabled social platform that helps you initiate, accept, and undertake Services in order to use sustainable means of commuting.

You are encouraged to use the Platform responsibly and safely. The Platform may provide you with multiple matches based on your routes, and it is up to the Host or Guest to choose their respective carpooling partners.

e) The Company provides the Platform on an “as is” and “as available” basis. The Company does not represent, warrant, or guarantee that a User’s access to or use of the Platform: (i) will be uninterrupted or error-free; or (ii) will result in any requests for rides.

The Company makes no representations, warranties, or guarantees regarding the actions or inactions of Hosts or Guests, and the Company does not screen or otherwise evaluate Users. While the Company will use its best endeavours to ensure that unintentional operational errors do not occur, the Company cannot provide any warranty or guarantee in this regard.

f) To the fullest extent permitted by law, the Company disclaims all warranties, express or implied, in connection with these Terms, the Platform, and any use thereof, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

g) Flexiride does not offer transportation services and is not a transportation company. We are not involved in the actual rides provided by Hosts to Guests.

As a result, we have no control over the quality or safety of any ride that occurs as a result of the Services, nor do we have control over the truth or accuracy of User information listed on the Platform.

We cannot ensure that a Host or Guest is who they claim to be or that a Host or Guest will actually complete an arranged Service.

We reserve the right to change any and all content, software, and other items used or contained in the Platform and the Services at any time without notice.

Reference to any products, services, processes, or other information by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, recommendation thereof, or any affiliation therewith by Flexiride or the Platform.

h) We do not warrant that your use of the Services will be accurate, complete, reliable, current, secure, uninterrupted, always available, or error-free; that it will meet your requirements; that any defects in the Services will be corrected; or that the Services will be free of viruses or other harmful components.

14. Confidentiality

The Parties shall not, at any time, divulge or allow to be divulged to any person any confidential information unless such information enters the public domain without a breach by either Party.

However, neither Party shall be precluded from disclosing any information to the extent required in legal proceedings.

The obligations under this clause shall survive the termination of these Terms.

15. Governing Law

a) This Agreement shall be governed by and construed in accordance with the laws of India and shall be subject to the exclusive jurisdiction of the competent courts of Bangalore.

b) The Parties shall first endeavour to resolve their disputes amicably within fifteen (15) days from the date on which the dispute was first notified.

Failing such resolution, and to the extent permitted by applicable law, all disputes or differences whatsoever arising between you and the Platform out of or relating to the construction, meaning, operation, or effect of these Terms, or any breach thereof, shall be settled by a sole arbitrator nominated in accordance with the Arbitration and Conciliation Act, 1996, as amended from time to time.

The arbitration shall be subject to and conducted in accordance with the Arbitration and Conciliation Act, 1996, and the venue of arbitration shall be Bangalore. The award of the arbitrator shall be final and binding on you and the Platform.

16. Modification of Terms

These Terms are subject to modification and amendment from time to time, with or without notice.

Your continued access to or use of the Platform after an amendment becomes effective constitutes your consent to be bound by the amended Terms.

If you object to any amended Term, you may stop using the Platform.

You shall, at all times, be responsible for regularly reviewing these Terms and noting any changes made on the Platform.

17. Communications

We may communicate with you by email or any other mode of communication, electronic or otherwise, including push notifications through the Platform.

All notices under these Terms shall be sent by registered post with acknowledgement due, contemporaneous courier, email, or hand delivery to the address mentioned above, between 9:30 a.m. and 5:30 p.m., Monday to Friday.

We may issue notices to Users via registered post with acknowledgement due, contemporaneous courier, hand delivery, Platform notification, email, or the mobile number registered by such User with us.

You may contact us or raise a ticket by writing to support@hopr.mobi, and the same will be mutually resolved by both Parties within fifteen (15) days from the date on which the ticket was raised.

18. Termination

Without limiting any other remedies available to us, we may terminate any User’s account, issue a warning, and refuse to provide our Services to you if:

a) You breach these Terms or any document incorporated herein by reference.

b) We are unable to verify or authenticate any information you provide to us.

c) We believe that your actions may cause financial loss or legal liability for other Users or us, or subject us or any other User to regulation by any state or local government or regulatory agency.

d) We suspect that you have engaged in fraudulent activity in connection with the Platform or the Services.

e) Feedback or ratings received from other Users are low.

f) You have misused the Platform or behaved in a manner that may reasonably be regarded as inappropriate, unlawful, or illegal.

19. Consequences of Breach

a) Upon such termination, we may retain an archived copy of records as may be required by law. We retain sole discretion to bar your use of the Services in the future, for any or no reason.

b) If a Host or Guest fails to comply with any of these Terms, we reserve the right to retain information relating to the breach, publish or disclose such information on the Platform, and suspend or withdraw the User’s access to the Platform, in addition to enforcing any other rights and remedies available under applicable law.

c) Notwithstanding anything contained in this Agreement, we reserve the right to suspend or terminate the account of any User found to be in breach of any of these Terms and to render the Platform inaccessible, temporarily or permanently, as the case may be, with or without notice to such User and without prejudice to any other legal claims that we may choose to pursue against such User before an appropriate forum, at our discretion.

d) In the event that you have a dispute with one or more Users, you agree to release us from claims, demands, and damages, actual and consequential, of every