Rides Terms for Drivers

Who You Are Contracting With

OnFire is operated by two companies. Which one you contract with depends on where you are located.

This document is the version that applies where your counterparty is OnFire Messenger Ltd. If your counterparty is OnFire Messenger Inc., the corresponding United States version applies to you instead, and is available in the OnFire Legal Center at https://onfire.so/legal.

If you are located outside both the European Economic Area and the United States, contact [email protected] and we will confirm which terms apply to you before you rely on this document.

Data protection. Where this document concerns personal data, the company named above as your counterparty is the data controller for your personal data. For users in the European Economic Area that is OnFire Messenger Ltd., and the supervisory authority is the Irish Data Protection Commission. For users in the United States that is OnFire Messenger Inc., and the rights set out in the United States Privacy Policy apply instead.

If you move, or deal across regions. The company you contract with is determined by where you are located when you use the Services. If you relocate permanently to the other region, the version applying to that region will govern your use of the Services from that point. Dealing with a user, merchant, courier, driver or host located in the other region — for example, buying from a seller in the United States while you are in the European Economic Area — does not change which company you contract with, and does not affect any mandatory consumer protection you have under the law of your country of residence.

These General Terms ("Terms") govern the relationship between OnFire Messenger Ltd. ("OnFire", "we", "us") and drivers ("you", "Driver") who use the OnFire App to provide transportation services to passengers. By registering as a driver on the OnFire App, you agree to be bound by these Terms.

1. Definitions

1.1. "OnFire App" means the mobile application operated by OnFire through which passengers may request rides and drivers may accept ride requests.

1.2. "OnFire Rides" means the information society service operated by OnFire that connects passengers with drivers through the OnFire App.

1.3. "Driver" means a natural person who has registered on the OnFire App to provide transportation services to passengers.

1.4. "Fleet Company" means a legal entity that manages one or more drivers and has entered into a fleet agreement with OnFire.

1.5. "Passenger" means a person who uses the OnFire App to request and receive transportation services.

1.6. "Fare" means the total amount payable by the Passenger for a ride, as calculated in accordance with these Terms.

1.7. "OnFire Fee" means the fee payable by the Driver to OnFire for the use of the OnFire App and the marketplace service, as set out in Section 6.

1.8. "In-App Payment" means payment made by the Passenger through the OnFire App.

1.9. "Upfront Fare" means a fare quoted and confirmed to the Passenger before the ride commences.

1.10. "Driver Account" means the account created by the Driver on the OnFire App.

1.11. "Territory" means the geographic area(s) in which the Driver is authorised to operate through the OnFire App, as specified in the Driver Account.

2. Entry into Agreement

2.1. To register as a Driver on the OnFire App, you must:

• (a) be at least 18 years of age or such higher minimum age as required by applicable law;
• (b) hold a valid driving licence of the appropriate category for the vehicle you intend to use;
• (c) hold all licences, permits, and authorisations required under applicable law to provide passenger transportation services for hire or reward in the Territory;
• (d) have access to a vehicle that meets the minimum vehicle requirements specified by OnFire and complies with all applicable safety and regulatory standards;
• (e) hold valid motor insurance that covers the provision of passenger transportation services for hire or reward;
• (f) provide accurate and complete personal and vehicle information as requested by OnFire during the registration process.

2.2. OnFire reserves the right to verify the information provided during registration and to refuse registration or revoke access if any information is found to be false, incomplete, or misleading.

2.3. Legal Persons and Fleet Companies. Where the Driver is engaged by or operates through a Fleet Company, the Fleet Company must enter into a separate fleet agreement with OnFire. The Fleet Company is jointly and severally responsible for ensuring that all drivers operating under its fleet comply with these Terms and all applicable laws and regulations. The Fleet Company is responsible for managing its drivers' compliance with applicable licensing, insurance, and vehicle safety requirements.

2.4. By registering as a Driver, you confirm that you have read, understood, and agree to these Terms and that you meet all of the requirements set out in this Section.

3. Licence

3.1. Subject to your compliance with these Terms, OnFire grants you a limited, royalty-free, revocable, non-exclusive, non-transferable, non-sublicensable licence to access and use the OnFire App solely for the purpose of receiving and fulfilling ride requests from passengers.

3.2. You may not:

• (a) copy, modify, adapt, translate, reverse engineer, decompile, or disassemble any part of the OnFire App;
• (b) use the OnFire App for any purpose other than providing transportation services to passengers in accordance with these Terms;
• (c) sublicence, lease, lend, sell, or otherwise transfer access to the OnFire App or your Driver Account to any third party;
• (d) remove, alter, or obscure any proprietary notices, labels, or marks on the OnFire App;
• (e) use the OnFire App in any manner that could damage, disable, overburden, or impair its functioning.

3.3. All intellectual property rights in the OnFire App, including but not limited to trademarks, trade names, logos, software, designs, data, and content, are and shall remain the exclusive property of OnFire. Nothing in these Terms grants you any ownership interest in or to the OnFire App or any intellectual property of OnFire.

4. Providing Transportation Services

4.1. Driver Obligations. The Driver shall:

• (a) provide transportation services to passengers in a safe, professional, courteous, and timely manner;
• (b) comply with all applicable laws, regulations, and licensing requirements relating to the provision of transportation services in the Territory;
• (c) maintain a valid driving licence, insurance, and all required permits and authorisations at all times while using the OnFire App;
• (d) ensure that the vehicle used is in a safe, clean, and roadworthy condition and meets the minimum vehicle requirements specified by OnFire;
• (e) not operate the vehicle while under the influence of alcohol, drugs, or any substance that may impair driving ability;
• (f) follow the most efficient route unless otherwise directed by the Passenger or required by road conditions;
• (g) not solicit passengers outside of the OnFire App while using the OnFire App.

4.2. Costs. The Driver is solely responsible for all costs and expenses incurred in providing transportation services, including but not limited to fuel, vehicle maintenance, insurance, licensing fees, taxes, tolls, and any other costs associated with the operation of the vehicle.

4.3. Fares. The fare for each ride is calculated based on the fare structure applicable in the Territory, which may include a base fare, a per-kilometre charge, a per-minute charge, a minimum fare, tolls, surcharges, and any applicable taxes. The fare structure is displayed in the OnFire App and may be updated by OnFire from time to time.

4.4. Upfront Fare. Where OnFire offers an Upfront Fare option, the fare is quoted to the Passenger and confirmed before the ride commences. The Upfront Fare is based on estimated distance and time. The actual fare may differ from the Upfront Fare if:

• (a) the Passenger changes the destination during the ride;
• (b) the actual route taken is materially longer than the estimated route;
• (c) unexpected circumstances arise that materially affect the ride.

4.5. Fare Review. If a Driver believes that the fare calculated for a ride is incorrect, the Driver may submit a fare review request through the OnFire App within seventy-two (72) hours of the completion of the ride. OnFire will review the request and, if appropriate, adjust the fare.

4.6. Tax Obligations. The Driver is solely responsible for all tax obligations arising from the provision of transportation services, including but not limited to income tax, value-added tax (VAT), and any other applicable taxes. OnFire does not provide tax advice, and the Driver is responsible for consulting with a qualified tax advisor. OnFire may provide the Driver with reports and records of earnings through the OnFire App to assist with tax compliance.

4.7. Invoicing. Where required by applicable law or regulation, the Driver is responsible for issuing invoices to passengers for transportation services provided. OnFire may provide invoicing tools within the OnFire App to facilitate this process.

5. OnFire Fees

5.1. In consideration for the use of the OnFire App and the marketplace service, the Driver shall pay OnFire a fee ("OnFire Fee") as set out in the Driver's agreement or as displayed in the OnFire App. The OnFire Fee may be calculated as a percentage of each fare, a flat fee per ride, or such other basis as OnFire may determine from time to time.

5.2. The OnFire Fee shall be deducted from the Driver's earnings from In-App Payments. Where rides are paid in cash, the Driver shall pay the OnFire Fee to OnFire in accordance with Section 5.3.

5.3. Monthly Payment. Where the Driver owes OnFire Fees for cash rides or any other amounts, the Driver shall pay such amounts by the fifteenth (15th) day of each calendar month for the preceding month.

5.4. Late Payment. If the Driver fails to pay any amount due to OnFire by the due date, OnFire may charge a late payment penalty of 0.04% (zero point zero four percent) of the outstanding amount per day, calculated from the due date until the date of actual payment.

5.5. OnFire reserves the right to set off any amounts owed by the Driver against any amounts payable to the Driver, including but not limited to earnings from In-App Payments.

6. In-App Payments

6.1. Commercial Agent. Where a Passenger selects In-App Payment, OnFire acts as the commercial agent of the Driver for the purpose of collecting payment from the Passenger on behalf of the Driver. The Passenger's payment obligation to the Driver is fulfilled when the Passenger issues a valid payment order through the OnFire App.

6.2. Promotional Codes. OnFire may from time to time issue promotional codes to passengers that reduce or eliminate the fare for a ride. Where a Passenger applies a promotional code, OnFire will compensate the Driver for the discounted portion of the fare, unless otherwise specified. The Driver acknowledges that promotional codes are a marketing tool and that OnFire is not obliged to continue any promotional programme.

6.3. Tips. Passengers may, at their discretion, add a tip through the OnFire App after a ride. Tips are paid in full to the Driver and are not subject to the OnFire Fee.

6.4. Payment Reports. OnFire will provide the Driver with periodic payment reports through the OnFire App, detailing earnings, OnFire Fees, deductions, adjustments, and net amounts payable.

6.5. Set-Off. OnFire reserves the right to set off any amounts owed by the Driver to OnFire (including OnFire Fees, penalties, damage charges, or other amounts) against any amounts payable to the Driver, including earnings from In-App Payments.

6.6. Unclaimed Payments. If any payment due to the Driver remains unclaimed for a period of one hundred and eighty (180) days from the date it became payable, OnFire reserves the right to treat such payment as forfeited, unless prohibited by applicable law.

7. Customer Support

7.1. OnFire will provide customer support to drivers through the OnFire App and via email at [email protected].

7.2. OnFire will endeavour to acknowledge support requests within one (1) business day and to resolve issues within a reasonable timeframe.

7.3. The Driver is responsible for providing first-line customer service to passengers during rides, including addressing any questions or concerns the Passenger may have about the ride.

8. Ratings and Activity

8.1. Ratings. After each ride, passengers may rate the Driver through the OnFire App. The Driver's rating is calculated as an average of ratings received over a rolling period.

8.2. Minimum Thresholds. OnFire may establish minimum rating thresholds and activity requirements for drivers. These thresholds will be communicated to the Driver through the OnFire App.

8.3. Suspension for Low Ratings or Inactivity. If a Driver's rating falls below the minimum threshold, or if the Driver fails to meet minimum activity requirements over a specified period, OnFire may:

• (a) issue a warning to the Driver;
• (b) temporarily restrict the Driver's access to ride requests;
• (c) suspend the Driver's account until the Driver has completed any required remedial steps (such as training or review sessions);
• (d) terminate the Driver's account in accordance with Section 14.

8.4. The Driver may view their current rating and activity metrics at any time through the OnFire App.

9. Market Overviews and Campaigns

9.1. OnFire may from time to time provide the Driver with market overviews, including information about demand patterns, suggested operating hours, and areas of high demand ("Surge Zones").

9.2. OnFire may run campaigns or incentive programmes that offer drivers additional earnings for meeting specified criteria (such as completing a certain number of rides within a specified period). The terms of any campaign will be communicated through the OnFire App.

9.3. OnFire reserves the right to modify, suspend, or cancel any campaign at any time. Participation in campaigns is voluntary.

10. Relationship Between OnFire and the Driver

10.1. No Employment Relationship. The Driver acknowledges and agrees that the relationship between the Driver and OnFire is not an employment relationship, a joint venture, a partnership, or an agency relationship (except as expressly stated in Section 6.1 with respect to In-App Payments). The Driver is an independent service provider.

10.2. Information Society Service. OnFire provides an information society service by operating an electronic marketplace that connects passengers with drivers. OnFire does not provide transportation services and is not a transportation company.

10.3. Marketplace. The OnFire App functions as a marketplace through which drivers offer transportation services to passengers. The contract for the provision of transportation services is entered into directly between the Driver and the Passenger. OnFire is not a party to this contract.

10.4. The Driver is free to determine their own working hours, accept or decline ride requests at their discretion, and use competing platforms simultaneously.

11. Personal Data Processing

11.1. OnFire processes the Driver's personal data in accordance with the OnFire Privacy Policy, which is available at https://onfire.so/privacy and forms part of these Terms.

11.2. By using the OnFire App, the Driver consents to the collection, processing, and use of personal data as described in the OnFire Privacy Policy, including but not limited to location data, trip data, ratings, and communication records.

11.3. OnFire processes personal data in compliance with Regulation (EU) 2016/679 (the General Data Protection Regulation, "GDPR"), the Irish Data Protection Act 2018, and all other applicable data protection laws.

11.4. The Driver may exercise their rights under the GDPR (including access, rectification, erasure, restriction of processing, data portability, and objection) by contacting OnFire at [email protected] or through the OnFire App.

12. Liability

12.1. The OnFire App and OnFire Rides are provided on an "as is" and "as available" basis. OnFire does not warrant that the OnFire App will be uninterrupted, error-free, secure, or free from viruses or other harmful components.

12.2. To the fullest extent permitted by applicable law, OnFire's aggregate financial liability to any Driver arising out of or in connection with these Terms or the use of the OnFire App shall not exceed five hundred euro (EUR 500). This limitation applies regardless of the form of action, whether in contract, tort (including negligence), strict liability, or otherwise.

12.3. OnFire shall only be liable for direct damages caused by its intentional breach of these Terms. OnFire shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, loss of business, loss of revenue, or loss of data.

12.4. Nothing in these Terms shall limit or exclude OnFire's liability for: (a) death or personal injury caused by its negligence; (b) fraud or fraudulent misrepresentation; or (c) any other liability that cannot be limited or excluded under applicable Irish or EU law.

12.5. Indemnification. The Driver agrees to indemnify, defend, and hold harmless OnFire, its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or in connection with: (a) the Driver's provision of transportation services; (b) the Driver's breach of these Terms; (c) the Driver's violation of any applicable law or regulation; (d) the Driver's negligence or wilful misconduct; or (e) any claim by a Passenger or third party arising from the Driver's provision of transportation services.

13. Term, Suspension, and Termination

13.1. These Terms shall enter into force upon the Driver's registration on the OnFire App and shall remain in effect until terminated in accordance with this Section.

13.2. Driver Termination. The Driver may terminate these Terms and close their Driver Account at any time by providing OnFire with at least seven (7) days' written notice through the OnFire App or by email to [email protected].

13.3. OnFire Termination. OnFire may terminate these Terms and close the Driver's account by providing at least three (3) days' written notice through the OnFire App or by email.

13.4. Immediate Termination. OnFire may suspend or terminate the Driver's account immediately and without prior notice if:

• (a) the Driver is in material breach of these Terms;
• (b) the Driver has engaged in fraudulent, illegal, or dishonest conduct;
• (c) the Driver's conduct poses a risk to the safety of passengers, other drivers, or the public;
• (d) the Driver's driving licence, insurance, or required permits have expired, been revoked, or become invalid;
• (e) the Driver has received consistently low ratings below the minimum threshold;
• (f) the Driver has violated applicable law or regulation in connection with the provision of transportation services;
• (g) immediate termination is required to comply with a legal or regulatory obligation.

13.5. EU Platform-to-Business (P2B) Regulation Compliance. In accordance with Regulation (EU) 2019/1150 on promoting fairness and transparency for business users of online intermediation services:

• (a) OnFire will provide the Driver with a clear statement of the reasons for any restriction, suspension, or termination of the Driver's account, unless prohibited by law;
• (b) where reasonably practicable, OnFire will provide the Driver with an opportunity to remedy any breach before termination;
• (c) the Driver may appeal any decision to suspend or terminate their account by contacting OnFire at [email protected]. OnFire will review any appeal within a reasonable timeframe and provide a reasoned response.

13.6. Upon termination, the Driver must immediately cease using the OnFire App. Termination does not relieve the Driver of any outstanding payment obligations to OnFire.

14. Amendments

14.1. OnFire reserves the right to amend these Terms at any time. OnFire will provide drivers with at least fifteen (15) days' advance written notice of any amendments, in accordance with Regulation (EU) 2019/1150 (the P2B Regulation), through the OnFire App and/or by email.

14.2. The notice will clearly identify the proposed amendments and their effective date.

14.3. If the Driver does not agree to the amended Terms, the Driver may terminate these Terms in accordance with Section 13.2 before the effective date of the amendments.

14.4. If the Driver continues to use the OnFire App after the effective date of any amendment, the Driver shall be deemed to have accepted the amended Terms.

15. Applicable Law

15.1. These Terms shall be governed by and construed in accordance with the laws of Ireland.

15.2. Any disputes arising out of or in connection with these Terms shall be submitted to the exclusive jurisdiction of the courts of Ireland.

15.3. Without prejudice to the foregoing, the Driver acknowledges that Regulation (EU) 2019/1150 and other directly applicable EU regulations apply to the relationship between OnFire and the Driver where applicable.

16. Notices

16.1. Notices from OnFire to the Driver may be delivered through the OnFire App, by email to the email address associated with the Driver's account, or by any other means reasonably calculated to provide actual notice.

16.2. Notices from the Driver to OnFire should be sent by email to [email protected] or through the support function in the OnFire App.

16.3. Notices shall be deemed received: (a) if delivered through the OnFire App, at the time of delivery; (b) if sent by email, twenty-four (24) hours after sending, unless the sender receives a delivery failure notification.

17. Final Provisions

17.1. If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such invalidity, illegality, or unenforceability shall not affect the remaining provisions of these Terms, which shall continue in full force and effect.

17.2. OnFire's failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

17.3. The Driver may not assign or transfer any rights or obligations under these Terms without the prior written consent of OnFire. OnFire may assign or transfer its rights and obligations under these Terms to an affiliate or successor entity without the Driver's consent.

17.4. These Terms, together with the OnFire Privacy Policy and any other policies referenced herein, constitute the entire agreement between the Driver and OnFire with respect to the Driver's use of the OnFire App and OnFire Rides.

17.5. These Terms are available in the English language. In the event of any conflict between different language versions of these Terms, the English language version shall prevail.

17.6. For any questions or concerns regarding these Terms, please contact us at [email protected].

OnFire Messenger Ltd. — Registered in Ireland with company number 796932 Registered Office: 77 Camden Street Lower, Dublin, D02 XE80, Ireland