Safix Terms of Use

1. Definitions
  • Safix Platform ("Platform") – The mobile application and websites provided by Safix Technologies LLC and Safix Technologies OÜ that allow Users to request and receive Third-Party Services.
  • User – Any natural or legal person who accesses or uses the Platform.
  • Drivers – Independent third-party service providers who provide services to Users through the Platform.
  • Third-Party Services – Services provided by independent Drivers, including Safix Man, Safix Go, and Safix Drop.
  • Community Guidelines – and guidelines that set expectations for all Platform Users and may be updated at any time.
  • Safix – Technologies LLC, the owner of Safix's intellectual property and brand, and Safix Technologies OÜ, a subsidiary responsible for EU operations
2. Introduction and Acceptance of Terms

2.1. These Terms of Use ("Terms") constitute a legally binding agreement between you, as a User, and Safix Technologies LLC. For Users located in the EU, Safix Technologies OÜ acts as the operational representative of Safix Technologies LLC.

2.2. By accessing, using, or utilizing any of its services, you confirm that you have read, understood, and agree to these Terms, the Community Guidelines, and our Privacy Policy. If you do not agree to these Terms, you are not authorized to access or use the Platform.

We reserve the right to amend or supplement these Terms at any time. In the event of significant changes that may affect your rights or obligations, we undertake to notify you by posting a notice on the Platform or by sending it to the email address provided in your account. Your continued use of the Platform after the changes come into effect will signify your acceptance of the updated Terms.

3. Platform Description

3.1. Safix is a digital platform that connects Users with independent Drivers.

3.2. Safix is not a transportation company. We provide a technology platform that allows Users to order services from independent third-party providers ("Drivers"). You acknowledge that Safix does not hire, control, or manage Drivers, and that the service agreement is concluded directly between you and the Driver. Safix acts solely as a technological agent, facilitating communication between you and the Driver, but is not a party to the service agreement. Nothing herein creates any employment, agency, partnership, or franchising relationship between Safix and the Drivers.

4. Beta Status and Limitation of Liability

4.1. You agree that the Safix Platform and its services are provided as a "beta version" and may contain errors, malfunctions, technical deficiencies, or lack full functionality. Your use of the Platform is at your own risk.

4.2. Disclaimer of Insurance and Limitation of Liability.

  • Disclaimer of Insurance : You acknowledge that Safix does not provide insurance coverage for Driver Services, and you use the Platform and Third-Party Services at your own risk.
  • Limitation of Liability : To the maximum extent permitted by applicable law, Safix, its subsidiaries, officers, directors, employees, and agents shall not be liable for any indirect, incidental, special, punitive, or other similar damages. Safix's total liability for any claims arising in connection with these Terms or the use of the Platform shall not exceed the amount paid by you to Safix for services in the six (6) months preceding the event giving rise to the damage. In the absence of payment, Safix's liability limit is 100 EUR/USD.

4.3. Disclaimer of Warranties : The Platform is provided "as is" and "as available," without any warranties, express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose, and non-infringement. Safix provides access to the Services in test mode and cannot guarantee the stability, security, or uninterrupted operation of the platform.

5. Legal Structure and Applicable Law

5.1. Company Structure : The Platform is owned and operated by Safix Technologies LLC, a limited liability company registered in Delaware, USA, with File Number 10096289. Safix Technologies OÜ, registered in Estonia, with registration number 17235322, is a separate company responsible for operations in the European Union (EU) and VAT payment through the One-Stop Shop (OSS) system.

5.2. Applicable Law and Jurisdiction :

  • For Users residing outside the EU, these Terms are governed by and construed in accordance with the laws of the State of Delaware, USA. All disputes will be resolved in the courts of Delaware.
  • For Users residing in the EU, these Terms are governed by the laws of Estonia, unless local mandatory consumer protection provisions in your country of residence contain provisions that are more favorable to you. In such a case, the provisions of your local law may apply. Disputes will be resolved in the courts of Estonia; however, you have the right to initiate legal proceedings in the court of your country of residence.
  • The applicability of the United Nations Convention on Contracts for the International Sale of Goods (CISG) to these Terms is excluded.

Pre-trial Dispute Resolution Procedure :

Before filing a lawsuit, the User must send a written claim to support@safix.app. The subject line of the email must state "Claim". The claim must include: order number, service date, a detailed description of the problem, and your contact information. Safix will review the claim within 30 calendar days and provide a reasoned response.

6. Registration, Account Use, and User Conduct

6.1. Users must be over 18 years of age and have full legal capacity. You agree to provide accurate, complete, and up-to-date information when registering and using the Platform.

6.2. You are solely responsible for maintaining the confidentiality of your account information and for all activities that occur under your account.

6.3. Prohibited Actions : You undertake to use the Platform solely for lawful purposes. It is prohibited to use the Platform for the following actions:

  • Illegal and Fraudulent Activities : Fraud, spam, security breaches, use of stolen or invalid payment information, intentional damage to property, or other illegal activities.
  • Use of Automated Systems : Use of automated systems (including scraping, parsing, or robotic access) unless directly authorized by Safix.
  • Harm or Abuse : Causing physical or verbal harm to drivers or other users, as well as discrimination on any grounds.
  • Prohibited Content : Publishing or transmitting materials that are illegal, offensive, discriminatory, or otherwise inappropriate, as well as infringing copyrights, trademarks, or other intellectual property rights.

6.4. Intellectual Property Rights to User Content: You retain all rights to the content you create or upload to the Platform. By providing content, you grant Safix a non-exclusive, irrevocable, perpetual, worldwide, royalty-free license to use, copy, modify, and publicly display such content in connection with the operation of the Platform and the provision of Services.

7. Payments and Tariffs

7.1. Prices and service fees are displayed in the application. Safix reserves the right to change prices at any time. The price may depend on demand, time, distance, road conditions, and other factors. The User agrees to the final cost of the service upon order confirmation.

7.2.1. Use of Third-Party Services : The Platform uses third-party payment systems to process payments. You agree to the terms of these third-party services, and Safix is not responsible for their failures or errors.

7.2.2. Third-Party Links : The Platform may contain links to third-party websites. Safix does not control and is not responsible for the content, privacy policies, or actions of such websites. You use these third-party resources at your own risk.

7.3. Right to Debit Funds : Safix reserves the right to debit any amounts you owe the company from your account linked to the Platform, including, but not limited to, service fees, commissions, or penalties.

7.4. For EU users, prices include VAT, which is administered through Safix Technologies OÜ.

8. Privacy and Data Protection

8.1. Safix Technologies LLC is the controller of your personal data. Your use of the Platform signifies your consent to the processing of your data in accordance with our Privacy Policy. We process data in accordance with the principles of minimization, transparency, and purpose limitation, as provided for in Articles 5 and 6 of the GDPR.

8.2. Safix Technologies OÜ acts as the GDPR representative and Digital Services Act (DSA) contact point for EU users. Safix has the right to request additional information for identity verification and to prevent fraud, money laundering, and terrorist financing.

9. Termination of Access

9.1. Safix reserves the right to suspend or terminate your access to the Platform at any time in case of your violation of these Terms. In case of minor violations, we will notify you in advance. In case of serious violations, such as fraud or security threats, access may be terminated immediately without prior notice.

9.2. App Store Terms : You acknowledge that these Terms are concluded between you and Safix, and not with Apple or Google. Safix is solely responsible for the Platform. You are obliged to comply with all applicable terms of third-party platforms, such as the App Store or Google Play Terms of Service.

10. Miscellaneous Provisions

10.1. Emergency Function : This function is an auxiliary tool and is not intended to replace official emergency services. By pressing the button, you confirm that Safix is not responsible for the accuracy, timeliness, effectiveness, or consequences of activating the emergency notification function, including any consequences or omitted actions of third parties, or the timeliness of notifications.

10.2. Vehicle Condition Documentation : You acknowledge that drivers may use photo or video recording of the vehicle's condition before and after providing the service. These materials may be used to resolve disputes regarding possible damage. The processing of these special categories of data is carried out on the legal grounds set out in our Privacy Policy.

10.3. Terms for Drivers and Co-Drivers : Drivers and co-drivers must comply with all legal and safety requirements, as well as requirements set by Safix. You acknowledge that the relationship between Safix and drivers is not an employment relationship. Drivers act as independent contractors and are solely responsible for complying with all applicable laws, including taxation, licensing, and insurance.

10.4. Terms for B2B and Corporate Users : Corporate users and their employees may access the Platform through a separate agreement. In doing so, they are obliged to maintain confidentiality, security requirements, and use the Platform responsibly. Safix has the right to suspend or terminate access for violation of these requirements.

10.5. Indemnification : You agree to indemnify Safix, its subsidiaries, officers, directors, agents, employees, and partners for any losses and expenses (including reasonable legal defense costs) arising from your actions or violation of these Terms.

10.6. Force Majeure : Safix is not responsible for any delays or failures to perform obligations under these Terms caused by circumstances beyond our reasonable control, including, but not limited to, natural disasters, wars, acts of terrorism, power outages, civil unrest, pandemics, government restrictions, or any other events that cannot be foreseen or prevented.

Severability : If any provision of these Terms is found to be invalid, illegal, or unenforceable, this will not affect the validity, legality, and enforceability of the remaining provisions.

Waiver : Any waiver of a right granted in these Terms must be in writing and signed by an authorized representative of Safix. Safix's failure to exercise any right or provision of these Terms will not be considered a future waiver of that right or provision.

10.7. Language : The legally binding version of these Terms is only the English version. Any translations are provided for convenience only. The official English version is posted on Safix's official website. The latest version of the Terms is always available at safix.app/terms.

10.8. Contacts :

11. Provisions for Users in the European Union (EU)

11.1. Right of Withdrawal :

In accordance with the EU Consumer Rights Directive (2011/83/EU), you have the right to withdraw from the contract within 14 days. However, since Safix's services are on-demand services that are provided immediately upon conclusion of the contract, the right of withdrawal does not apply if you have given express consent to the commencement of the service and confirmed that in such a case you lose the right of withdrawal.

11.2. Online Dispute Resolution (ODR) :

Users in the EU can use the European Commission's Online Dispute Resolution (ODR) Platform to resolve disputes. The platform is available at: http://ec.europa.eu/odr.Safix is not obliged to use this platform, but provides a link to it in accordance with EU law.

11.3. GDPR and Data Protection :

You have the right to lodge a complaint with the local data protection authority in your country if you believe your privacy rights have been violated. A list of local data protection authorities can be found on the European Data Protection Board website: https://edpb.europa.eu/about-edpb/about-edpb/members_en.

12. Country Adaptations in the EU

🇦🇹 Austria : These Terms are governed by the laws of Estonia. However, if you are a consumer residing in Austria, more favorable provisions of local consumer protection law may apply to you. You have the right to file a lawsuit in the court of your country of residence.

🇧🇪 Belgium : These Terms are governed by the laws of Estonia. However, if you are a consumer residing in Belgium, more favorable provisions of local consumer protection law may apply to you. You have the right to file a lawsuit in the court of your country of residence.

🇧🇬 Bulgaria : These Terms are governed by the laws of Estonia. However, if you are a consumer residing in Bulgaria, more favorable provisions of local consumer protection law may apply to you. You have the right to file a lawsuit in the court of your country of residence.

🇭🇷 Croatia : These Terms are governed by the laws of Estonia. However, if you are a consumer residing in Croatia, more favorable provisions of local consumer protection law may apply to you. You have the right to file a lawsuit in the court of your country of residence.

🇨🇾 Cyprus : These Terms are governed by the laws of Estonia. However, if you are a consumer residing in Cyprus, more favorable provisions of local consumer protection law may apply to you. You have the right to file a lawsuit in the court of your country of residence.

🇨🇿 Czech Republic : These Terms are governed by the laws of Estonia. However, if you are a consumer residing in the Czech Republic, more favorable provisions of local consumer protection law may apply to you. You have the right to file a lawsuit in the court of your country of residence.

🇩🇰 Denmark : These Terms are governed by the laws of Estonia. However, if you are a consumer residing in Denmark, more favorable provisions of local consumer protection law may apply to you. You have the right to file a lawsuit in the court of your country of residence.

🇪🇪 Estonia : These Terms are governed by the laws of Estonia. However, if you are a consumer residing in Estonia, more favorable provisions of local consumer protection law may apply to you. You have the right to file a lawsuit in the court of your country of residence.

🇫🇮 Finland : These Terms are governed by the laws of Estonia. However, if you are a consumer residing in Finland, more favorable provisions of local consumer protection law may apply to you. You have the right to file a lawsuit in the court of your country of residence.

🇫🇷 France : These Terms are governed by the laws of Estonia. However, if you are a consumer residing in France, more favorable provisions of local consumer protection law may apply to you. You have the right to file a lawsuit in the court of your country of residence.

🇩🇪 Germany : These Terms are governed by the laws of Estonia. However, if you are a consumer residing in Germany, more favorable provisions of local consumer protection law may apply to you. You have the right to file a lawsuit in the court of your country of residence.

🇬🇷 Greece : These Terms are governed by the laws of Estonia. However, if you are a consumer residing in Greece, more favorable provisions of local consumer protection law may apply to you. You have the right to file a lawsuit in the court of your country of residence.

🇭🇺 Hungary : These Terms are governed by the laws of Estonia. However, if you are a consumer residing in Hungary, more favorable provisions of local consumer protection law may apply to you. You have the right to file a lawsuit in the court of your country of residence.

🇮🇪 Ireland : These Terms are governed by the laws of Estonia. However, if you are a consumer residing in Ireland, more favorable provisions of local consumer protection law may apply to you. You have the right to file a lawsuit in the court of your country of residence.

🇮🇹 Italy : These Terms are governed by the laws of Estonia. However, if you are a consumer residing in Italy, more favorable provisions of local consumer protection law may apply to you. You have the right to file a lawsuit in the court of your country of residence.

🇱🇻 Latvia : These Terms are governed by the laws of Estonia. However, if you are a consumer residing in Latvia, more favorable provisions of local consumer protection law may apply to you. You have the right to file a lawsuit in the court of your country of residence.

🇱🇹 Lithuania : These Terms are governed by the laws of Estonia. However, if you are a consumer residing in Lithuania, more favorable provisions of local consumer protection law may apply to you. You have the right to file a lawsuit in the court of your country of residence.

🇱🇺 Luxembourg : These Terms are governed by the laws of Estonia. However, if you are a consumer residing in Luxembourg, more favorable provisions of local consumer protection law may apply to you. You have the right to file a lawsuit in the court of your country of residence.

🇲🇹 Malta : These Terms are governed by the laws of Estonia. However, if you are a consumer residing in Malta, more favorable provisions of local consumer protection law may apply to you. You have the right to file a lawsuit in the court of your country of residence.

🇳🇱 Netherlands : These Terms are governed by the laws of Estonia. However, if you are a consumer residing in the Netherlands, more favorable provisions of local consumer protection law may apply to you. You have the right to file a lawsuit in the court of your country of residence.

🇵🇱 Poland : These Terms are governed by the laws of Estonia. However, if you are a consumer residing in Poland, more favorable provisions of local consumer protection law may apply to you. You have the right to file a lawsuit in the court of your country of residence.

🇵🇹 Portugal : These Terms are governed by the laws of Estonia. However, if you are a consumer residing in Portugal, more favorable provisions of local consumer protection law may apply to you. You have the right to file a lawsuit in the court of your country of residence.

🇷🇴 Romania : These Terms are governed by the laws of Estonia. However, if you are a consumer residing in Romania, more favorable provisions of local consumer protection law may apply to you. You have the right to file a lawsuit in the court of your country of residence.

🇸🇰 Slovakia : These Terms are governed by the laws of Estonia. However, if you are a consumer residing in Slovakia, more favorable provisions of local consumer protection law may apply to you. You have the right to file a lawsuit in the court of your country of residence.

🇸🇮 Slovenia : These Terms are governed by the laws of Estonia. However, if you are a consumer residing in Slovenia, more favorable provisions of local consumer protection law may apply to you. You have the right to file a lawsuit in the court of your country of residence.

🇪🇸 Spain : These Terms are governed by the laws of Estonia. However, if you are a consumer residing in Spain, more favorable provisions of local consumer protection law may apply to you. You have the right to file a lawsuit in the court of your country of residence.

🇸🇪 Sweden : These Terms are governed by the laws of Estonia. However, if you are a consumer residing in Sweden, more favorable provisions of local consumer protection law may apply to you. You have the right to file a lawsuit in the court of your country of residence.