General Terms and Conditions for Drivers
You can download an offline version of these Terms for your records and future reference here ↗. Last updated: 18 December 2024
These General Terms and Conditions for Drivers (also referred to as "Terms") set forth the main terms and conditions applying to and governing the usage of the HOPP Services and form part of the Agreement between you and HOPP. In order to provide Transportation Services via the HOPP Platform, you must agree to these Terms.
1. DEFINITIONS
1.1. Agreement – means the agreement between the Driver and HOPP regarding the use of HOPP Services which consists of:
1.1.1. these Terms;
1.1.2. special terms displayed in the HOPP App, e.g. regarding price info or service descriptions;
1.1.3. the guidelines available here, if applicable; and
1.1.4. other terms and policies referred to in the Agreement as may be amended from time to time.
1.2. Cancellation Fee – means the fee to be paid to the Driver if the Passenger cancels the Transportation Service after the Driver has agreed to fulfil it.
1.3. Driver – (also referred to as “you”) the person providing Transportation Services via the HOPP Platform. Each Driver will get a personal HOPP Driver Account to use the HOPP App and the HOPP Platform.
1.4. Fare – means the fee the Passenger is obligated to pay the Driver, in accordance with applicable law, for provision of the Transportation Services. It is the sole responsibility of the Driver to charge the Passenger the correct Fare as may be imposed in accordance with applicable law for each provision of any Transportation Service.
1.5. HOPP App – means a mobile application for the Drivers and Passengers to request and receive Transportation Services.
1.6. HOPP (also referred to as “we”, “our” or “us”) – means Bolt Operations OÜ a private limited company incorporated and registered under the laws of Republic of Estonia with registration code 14532901, registered office Vana-Lõuna tn 15, Tallinn 10134, Republic of Estonia, or other Bolt group company or cooperation partner where Bolt Services are not provided by Bolt Operations OÜ.The list of Bolt group companies and partners is available at https://bolt.eu/cities/ ↗
1.7. HOPP Driver Account – means a Driver’s online account containing information and documents, including accounting documentation, regarding usage of the HOPP Service in the course of providing the Transportation Services. The Driver may access their HOPP Driver Account here by entering their username and password.
1.8. HOPP Fee – means the fee that the Driver is obligated to pay to HOPP for access and use of the HOPP Services.
1.9. HOPP In-app Payment – means cards, carrier billing and other payment methods used by the Passenger via the HOPP App to pay for the Transportation Services
1.10. HOPP Platform - means HOPP’s platform connecting Passengers and Drivers to help Passengers move around and between cities more efficiently.
1.11. HOPP Services – means the services that HOPP provides, including the provision and maintenance of the HOPP App, the HOPP Platform and HOPP In-app Payment, the provision of customer support, the facilitation of communication between the Driver and Passenger, and other similar services.
1.12. Passenger – means a person requesting the Transportation Services by using the HOPP App.
1.13. Prohibited Items – means items listed in clause 4.20 of these Terms that the Driver and Passenger are not allowed to carry or exploit while using or providing the Transportation Service, unless stated otherwise by any applicable law.
1.14. Terms – means these General Terms and Conditions for Drivers.
1.15. Tip – means a gratuity offered by the Passenger at their sole discretion in addition to the Fare paid.
1.16. Transportation Service – means the transportation service provided by the Driver to the Passenger whose request the Driver has accepted through the HOPP App.
1.17. You or your – means the person that has agreed to enter into the Agreement with us, or otherwise accessing or using the HOPP App, HOPP Platform or HOPP Services.
2. ENTRY INTO THE AGREEMENT
2.1. Prior to using the HOPP Services, you must sign up by providing the requested information in the signup application on the HOPP website and uploading the necessary documentation as required by us. You may sign up either as a legal or a natural person. Upon successful completion of the signup application, we will provide you (if you are the Driver) or each Driver providing Transportation Services on your behalf with a personal HOPP Driver Account accessible via a username and password. These details are personal to you and must not be made available to anybody else as the username and password are important credentials used by HOPP to identify users of the HOPP Platform and HOPP App. You represent and warrant that:
2.1.1. pursuant to applicable law, you are entitled to enter into an agreement with us to use the HOPP Platform and HOPP App for providing Transportation Services;
2.1.2. you have carefully read, fully understand and agree to be bound by the Agreement, including all obligations that arise from these Terms;
2.1.3. all the information you have presented to us is accurate, correct, and complete;
2.1.4. you will keep your HOPP Driver Account accurate and profile information updated at all times;
2.1.5. you will not authorize other persons to use your HOPP Driver Account nor transfer or assign it to any other person;
2.1.6. you will not use or allow the use of the HOPP Services for unauthorized or unlawful purposes, or impair the proper operation of the HOPP Services; and
2.1.7. at all times, you will fully comply with all laws and regulations applicable in the city/state/territory where you are providing Transportation Services, including, but not limited to, laws regulating passenger transportation services.
2.2. You are obligated to provide your bank information in the course of filling in the payment details upon registration. We will transfer the HOPP In-app Payment fees to the bank account that you have provided. We are not liable for any incorrect money transactions if you have provided the wrong bank information or if you have not updated HOPP on any changes to your bank account number.
2.3. After submitting the signup application, you will receive an email with additional terms and conditions that must be met in order to use the HOPP Services. These terms and conditions may include providing any criminal records, your valid driving licence, proof of satisfactory technical state of the vehicle you will use to provide the Transportation Services, completion of a training course, proof that you own a location-based service (e.g. GPS)-supporting mobile device and any other conditions as described in the e-mail. You have an ongoing obligation to cooperate with HOPP and provide any further documents or information requested in order for HOPP to conduct relevant checks, for example, to facilitate routine identity checks. The failure to comply with the provided requirements and conditions may result in termination of the Agreement and your right to use the HOPP Services.
2.4. You agree that in specific cities, states or territories we may assign any of our rights and obligations arising from the Agreement to our affiliates. This includes, among other rights we may have, assigning the rights and obligations regarding reviewing documents related to signup applications, training, collection of the HOPP Fee, forwarding you the fees due, providing and managing the HOPP In-app Payment, licensing the HOPP App, etc. Details of our affiliates can be accessed here.
3. RIGHT TO USE THE HOPP APP AND THE HOPP DRIVER ACCOUNT
3.1. Subject to your compliance with the Agreement and the fulfilment of all necessary onboarding conditions to become an authorized Driver, HOPP hereby grants you a non-exclusive, non-transferable, revocable licence to use the HOPP Platform, the HOPP App and the HOPP Driver Account solely in connection with your use of the HOPP Services. This licence does not grant you the right to sublicence or transfer any rights to third parties.
3.2. In the course of using the HOPP Platform, the HOPP App or your HOPP Driver Account you may not:
3.2.1. decompile, reverse engineer, or otherwise attempt to obtain the source code of the HOPP Platform, the HOPP App, the HOPP Driver Account or any other software owned by or licenced to HOPP;
3.2.2. modify the HOPP Platform, the HOPP App or the HOPP Driver Account in any manner or form or use modified versions of the HOPP App or the HOPP Driver Account;
3.2.3. transmit files that contain viruses, corrupted files, or any other programs that may damage or adversely affect operations on the HOPP Platform, the HOPP App, or the HOPP Driver Account; or
3.2.4. attempt to gain unauthorised access to the HOPP Platform, the HOPP App, the HOPP Driver Account or any other HOPP Services.
3.3. The licence referred to under section 3.1 of these Terms will be revoked automatically and simultaneously upon termination or expiration of the Agreement. After termination or expiration of the Agreement you must immediately stop using the HOPP App and your HOPP Driver Account. When the Agreement terminates, we may block and delete your HOPP Driver Account without any prior notice to you.
3.4. Additionally, we may give you tags, labels, stickers, or other signs that refer to HOPP’s US trademarks (the “HOPP Marks”) or otherwise indicate you are using the HOPP Platform or HOPP App (“HOPP Materials”). HOPP grants you a non-exclusive, non-sublicensable, non-transferable licence to display the HOPP Marks and use the HOPP Materials only for the purpose of indicating you are providing Transportation Services via the HOPP Platform or HOPP App. After termination or expiration of the Agreement you must immediately remove and discard all HOPP Materials and cease all use of any HOPP Marks.
3.5. All copyrights and trademarks, including source code, databases, logos and visual designs either owned by or licensed to HOPP are protected by copyright, trademark, trade secret laws and/ or international treaty provisions. By using the HOPP App, HOPP Platform or any other HOPP Services you do not acquire any rights, including rights of ownership to any intellectual property, other than the license rights set out in the Agreement. Without limiting the foregoing, HOPP and its affiliates owns all right, title and interest, including intellectual property rights in and to the HOPP Marks, HOPP App, HOPP Platform and the HOPP Services.
3.6. Rooting, jailbreaking or modifying your mobile device at a hardware or operating system level in any manner which is against the manufacturer’s instructions makes your mobile device susceptible to threats. You acknowledge that we are not liable for any losses in connection with the use of such a modified mobile device, and that we have no obligation to support the use of such a modified mobile device.
3.7. You may not, and may not allow any other party to launch or cause to launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any part of HOPP’s mobile applications or websites or data.
3.8. To ensure safety on the HOPP Platform and HOPP App, HOPP may ask you to verify your identity to ensure that the person using the HOPP App is the same person whose information is provided in the signup application. You will not be able to provide Transportation Services until you pass this verification process. If you fail to pass this verification process, your HOPP Driver Account may be suspended or terminated, in our sole discretion.
3.9. You must not use (or allow the use of) the HOPP platform in any manner that:
3.9.1. is materially inconsistent with a genuine intention to provide Transportation Services (for example, repeatedly agreeing to Transportation Services but then not taking any steps to fulfil those Transportation Services); and 3.9.2. materially interferes or interrupts the agreement to and/or fulfilment of Transportation Services by other users (for example, excessively indicating a willingness to provide but then deciding not to fulfil Transportation Services).
3.10. You must not use (or allow the use of) the HOPP platform in any manner that:
3.10.1. is unlawful or illegal; or
3.10.2. is indicative of: (i) an unlawful or illegal purpose; or (ii) financial (or data related) manipulation and/or exploitation.
4. PROVIDING THE TRANSPORTATION SERVICES
4.1. You agree to provide the Transportation Service in accordance with the Agreement as well as any laws and regulations applicable in the city, state or territory where you are providing the Transportation Service. Please note that you are solely and fully liable for any violation of any local laws and regulations that may arise from providing the Transportation Service.
4.2. You must have all licences (including a valid driver’s licence), permits, car insurance, liability insurance (if applicable), registrations, certifications and other documentation that are required in the applicable jurisdiction for providing the Transportation Service. It is your obligation to maintain the validity of all such documentation. HOPP reserves the right to require you to present evidence and submit for a review all the necessary licences, permits, approvals, authorizations, registrations and certifications.
4.3. You must provide the Transportation Service in a professional manner in accordance with the business ethics applicable to providing such services and endeavour to perform the Passenger's request in the best interest of the Passenger. Among other obligations, you: (i) must take the least costly route for the Passenger, unless the Passenger explicitly requests otherwise; (ii) may not make any unauthorized stops; (iii) may not have any other passengers in the vehicle other than the Passenger and the passengers accompanying the Passenger; and (iv) must adhere to any applicable traffic acts and regulations, i.e must not conduct any actions that may disrupt driving or the perception of traffic conditions, including holding a phone in hand while the vehicle is moving. 4.4. You retain the sole right to determine when you are providing the Transportation Services. You may accept, decline, ignore or refuse Transportation Service requests made by Passengers at any time and at your own choosing, subject to this Agreement, our policies (including the Service Animal and Assistive Devices Policy available here) and applicable law. Your status must be set to “Offline”, at all times when you are not ready / available / able to perform a Transportation Service request. You are automatically “Offline” while you are executing a Transportation Service.
4.5. During rides you must ensure that Drivers do not:
4.5.1. create unnecessary safety risks for users of the HOPP platform;
4.5.2. use or encourage violence, sexism, racism or discrimination in any form; and/or
4.5.3. cause or allow material unnecessary discomfort to users of the HOPP platform.
4.6. You are obligated to provide and maintain all equipment and means that are necessary to perform the Transportation Service at your own expense, including a vehicle, smartphone, etc. You are also responsible for paying all costs you incur in the course of performing the Transportation Service including, but not limited to, costs related to fuel, mobile data plan costs, duty fees, tolls, vehicle maintenance, insurance, relevant corporate or payroll taxes etc. Using the HOPP App may consume large amounts of data on your mobile data plan and Drivers are encouraged to subscribe to a data plan with unlimited or very high data usage capacity.
4.7. You are entitled to charge the Fare for each instance you have accepted a Passenger on the HOPP Platform or HOPP App and have completed the Transportation Service as requested. The Fare is calculated based on: (i) a default base fare or, if applicable, publicly available taximeter or zone-based rates; (ii) the distance of the specific journey as determined by the GPS-based device; and (iii) the duration of the specific journey. The default base fare may fluctuate based on the local market situation. You have the right to charge the Passenger less than the Fare indicated by the HOPP App but not less than any mandatory minimum fare under applicable law. However, charging the Passenger less than the HOPP App indicates does not decrease the HOPP Fee.
4.8. A Passenger may be offered to use a ride option that allows the Passenger to agree to a fixed Fare for a given instance of the Transportation Service provided by you (“Upfront Fare”). The Upfront Fare is communicated via the HOPP App to a Passenger before the ride is requested, and to you when the ride is accepted or at the end of the ride. The Fare calculated in accordance with section 4.6 may be applied instead of the Upfront Fare, where permitted by applicable law, if the Passenger changes the destination during the ride, the ride takes materially longer than estimated due to traffic or other factors, or when other unexpected circumstances impact the characteristics of the ride materially (e.g. a route is used where tolls apply).
4.9. If you find that there has been an error in the calculation of the Fare and wish to make corrections in the calculation of the Fare, you must submit a petition in the section “Fare Review” of the HOPP App. If a petition in the section “Fare Review" of the HOPP App has not been submitted, then HOPP will not reassess the Fare or reimburse you for an error made in the calculation of the Fare. HOPP may adjust the Fare for a particular order completed if we detect a violation (such as taking a longer route or not stopping the fare meter of the HOPP App after the Transportation Service has been completed) or in case a technical error affecting the final Fare is identified. HOPP may also reduce or cancel the Fare if we have a reasonable cause to suspect fraud or if a complaint by the Passenger indicates a violation by you. HOPP will only exercise its right to reduce or cancel the Fare in a reasonable and justified manner and will provide you with the justifications for the exercise of this right.
4.10. The Passenger may have the option to pay the Fare for the Transportation Service either directly to you or via the HOPP In-app Payment as described in section 6 of these Terms. In case the Passenger pays the Fare directly, it is your obligation to collect the Fare. If the Passenger fails or refuses to pay, HOPP will send a notice of debt to the Passenger on your behalf, acting as your agent for this limited purpose.
4.11. Any notice sent by HOPP pursuant to Section 4.9 does not mean that HOPP has an obligation to compensate you for the unpaid Fare. If the Passenger justifiably refuses to pay the Fare on the basis that your information stated in the HOPP App is incorrect, then HOPP will not reimburse you for such expenses.
4.12. In some markets, Passengers may be given the option to tip you after a successful provision of the Transportation Service. The Passenger can Tip you only by means authorized by HOPP for Tipping. The Tip will not affect the amount of the HOPP Fee and HOPP will not collect a HOPP Fee on the Tip paid by the Passenger. You are obligated to fully comply with any tax obligations arising from the Tipping. We may limit the maximum value of a Tip at our sole discretion.
4.13. After each successful provision of the Transportation Service, HOPP will create and forward a receipt to the Passenger consisting of some or all of the following information: your business name (if applicable), place of business, the first name and last name of the Driver, a photo of the Driver, service licence number (if applicable), the registration number of the vehicle, the date, the time, the start and end locations, the duration and length, the Fare and the Tip paid for the provision of the Transportation Service. The receipt of each provision of the Transportation Service is available to you via your HOPP Driver Account.
4.14. The Passenger may cancel a request for the Transportation Service that the Driver has accepted via the HOPP App. The Driver may be entitled to the Cancellation Fee in the event that the Passenger cancels the accepted request for the Transportation Service after a certain time period determined by the HOPP App. The Driver may be entitled to the Fare for a long wait time (“Wait Time Fee”) in the event that the Passenger shows up for a ride after a certain time period determined by the HOPP App.
4.15. If, in the course of the provision of the Transportation Service, the Passenger or its co-passengers damage the vehicle or its furnishings (including but not limited to, damage due to tears, stains or burns to upholstery or unpleasant odors), you have the right, where permitted by applicable law, to request the Passenger to pay a penalty up to 150 USD and request compensation for any damages exceeding the penalty. If the Passenger does not consent to paying the penalty or compensating the damage, you must notify us and we will then try to collect the penalty or relevant costs on your behalf from the Passenger. However, we are not liable for any direct or indirect damages in relation to cleaning or maintenance of the vehicle caused by the Passenger or any co-passengers.
4.16. You hereby acknowledges that you are obliged to fully comply with all tax obligations that arise to you from the applicable laws in relation to providing the Transportation Services, including (i) paying income tax, social security tax or any other tax applicable; and (ii) fulfilling all employee and tax registration obligations for calculations in regard to accounting and transfers to applicable State authorities as required by the applicable law. In case the Tax authority will submit a valid application to us to provide information regarding the activities of you, we may make available to the Tax authority the information regarding the activities of you to the extent set forth in valid legal acts.
4.17. HOPP will be entitled to share with the relevant tax authorities any information required by applicable law, including, but not limited to, any consideration paid or attributed to the Driver in relation to activities carried out through the HOPP Platform or HOPP App. If you fail to provide the information required by law, HOPP may: (i) terminate your account; (ii) prevent you from re-registering on the HOPP Platform or HOPP App; and (ii) withhold payment of your Fare until you provide the required information.
4.18. If any of the information you provide to HOPP is deemed to be illegal content under applicable laws or otherwise contravenes the Agreement, HOPP reserves the right to:
4.18.1. remove, disable access or demote such content;
4.18.2. suspend, terminate or restrict any monetary payment due from HOPP to you;
4.18.3. suspend or terminate the HOPP Services in whole or in part; or
4.18.4. suspend or close your HOPP Driver Account.
4.19. All content uploaded to the HOPP Platform or HOPP App by you is your sole responsibility, and HOPP is under no obligation to actively monitor or review such content. Nevertheless, HOPP is entitled to remove any allegedly illegal content at its own discretion and after the receipt of a notice or order regarding the existence of such content on the HOPP Platform or HOPP App. Should you disagree with HOPP's decision to remove the content, it is your sole responsibility to provide additional information regarding why the content is not illegal or incompatible with the Agreement within HOPP’s internal complaint-handling procedure.
4.20. To ensure safety on the HOPP Platform, you are not allowed to carry Prohibited Items while using the HOPP Platform, the HOPP App or HOPP Services, unless stated otherwise in any applicable laws. You may refuse the provision of the Transportation Service to any possessor of the Prohibited Items. HOPP may at any time discontinue the provision of the HOPP Services to you if you do not comply with this section of these Terms or applicable laws, and report an unauthorized use of the Prohibited Items to the authorities. The Prohibited Items include, among other things:
4.20.1. firearms and their parts, ammunition, melee weapons, and other items specially designed for attack and defense;
4.20.2. flammable, combustible, explosive and radioactive or other ionizing substances, munitions, gas, infectious, poisonous or corrosive materials which by their nature may pose danger to the environment;
4.20.3. drugs and other psychotropic substances which are subject to special control in accordance with applicable law; or
4.20.4. any other items that are not allowed to be carried or transported by applicable law and items that cannot be carried or transported without additional licences, permits and approvals.
5. HOPP FEE
5.1. In order to use the HOPP Services, you are obligated to pay the HOPP Fee. The HOPP Fee is paid based on the Fare of each Transportation Service order that you have completed. The amount of the HOPP Fee is made available to you via email, the HOPP App, your HOPP Driver Account or other methods as determined by HOPP from time to time. Please note that the HOPP Fee may change from time to time and may reflect dynamic commission pricing taking into account: (i) the balance of the supply and demand for the Transportation Service; (ii) characteristics of the ride ordered; and (iii) conditions of any applicable campaigns. The HOPP Fee will not go above the highest rate for the HOPP Fee that we have communicated to you. However, we may increase the applicable highest rate of the HOPP Fee at any time by giving you prior notice.
5.2. You must pay the HOPP Fee and any other fees due to us for the previous month at the latest by the 15th date of the following month. Any amounts due but unpaid will be subject to a late payment fee in the amount of 0.04% (zero point zero four percent) of the unpaid amount per day (14.6% per annum). You are obligated to cover all costs incurred by us that are related to debt collection activities.
6. HOPP IN-APP PAYMENTS
6.1. We may allow Passengers to pay for the Transportation Service via cards, carrier billing and other payment methods (e.g. HOPP Business, etc) directly in the HOPP In-app Payment. You authorize HOPP to act as your commercial agent in relation to any Transportation Services agreement concluded with you in accordance with the Agreement via the HOPP App. You grant us the right to collect the Fares or other fees payable via HOPP In-app Payment and to forward relevant funds to you in accordance with the Agreement. You acknowledge that the payment obligation of the Passenger arising from any agreement concluded via the HOPP App is deemed to be fulfilled when the respective payment is credited to HOPP’s bank account.
6.2. You may not refuse payment by the Passenger via the HOPP In-app Payment, or influence the Passenger against the use of the HOPP In-app Payment. In case you refuse to accept a HOPP In-app Payment without just cause, we will be entitled to charge you a contractual penalty in the amount of 20 USD for every refusal, or block your right to use the HOPP Services if such behavior is repetitive.
6.3. The Passenger may be distributed a promo code on a per promotional basis. You are required to accept the use of a promo code only when the Passenger applies the code using HOPP In-app Payment. Promo codes may not be applied to cash paid trips. If the use of promo codes is suspected as being fraudulent, illegal, or used by a Driver in conflict with the Agreement relating to promo code use, then the promo code may be canceled and the outstanding amount corresponding to the value of the promo code will not be reimbursed by HOPP to the Driver.
6.4. If the option is available and the Passenger chooses to Tip directly in the HOPP App, the Tip will be collected by HOPP on your behalf together with the Fares and other fees paid by the Passenger via the HOPP In-app Payment. If the payment of the Tip is suspected as being fraudulent, illegal, or for a purpose other than as a gratuity related to the Transportation Service provided by the Driver in conflict with the Agreement, then the Tip can be withheld by HOPP.
6.5. You can review HOPP In-app Payment reports in your HOPP Driver Account or the HOPP App. The reports will show the amounts of the HOPP In-app Payments brokered in the previous week as well as the withheld amounts of the HOPP Fee. You must notify us of any important circumstances that may affect our obligations to collect and distribute the Fares paid via HOPP In-app Payment.
6.6. We are not obligated to pay you the Fare due from the Passenger if the HOPP In-app Payment failed because Passenger’s credit card or other payment method is canceled or is unsuccessful for other reasons. In such a case we will help you request the Fare due from the Passenger and will transmit it to you once the Passenger has made the requested payment.
6.7. Before providing Transportation Services, you must verify that the service is being actually provided to the right Passenger or the Passenger has expressly confirmed he/she allows other passengers to ride under Passenger's account. If you make a mistake in identifying the Passenger, and the In-app Payment is charged to a person, who has not been provided or has not approved the Transportation Services for other passengers, then we shall reimburse the person for the Fare. In such case you are not entitled to receive the Fare from us. Additionally, for every wrongfully applied In-app Payment, we shall be entitled to charge you a contractual penalty up to 20 USD.
6.8. Please note that we will deduct any Fares or Tip paid via HOPP In-app Payment against the amounts that you are obligated to pay to us (i.e. the HOPP Fee and contractual penalties). We reserve the right to fulfil any of your financial liabilities to any of our affiliates, in which case we will acquire the right to submit a claim against you.
6.9. If we are not able to pay the Fares or Tip to you due to you not including your bank account details in your HOPP Driver Account or if the bank account details have been noted incorrectly, then we will hold such payments for 180 days. If you do not notify us of the correct bank account details within 180 days from the date that the right to claim such payments has been established, your claim regarding the payment of the Fare or Tip not transferred to you will expire.
7. CUSTOMER SUPPORT
7.1. We provide Drivers with customer support regarding the use of the HOPP Services. We may stop providing the customer support services if you are more than 5 calendar days past due on any payment obligations owed to HOPP.
8. RATINGS AND ACTIVITY
8.1. In order to guarantee high-quality service and provide additional reassurance to the Passengers, you acknowledge that the Passengers may provide you a rating and leave feedback regarding the quality of the Transportation Services that you have provided. Your average rating will be linked to your HOPP Driver Account and will be available to the Passengers at the HOPP App. If we find out the rating or comment is not given in good faith, this rating or comment may not be projected in the calculations of such rating.
8.2. In addition to the rating, we measure your level of activity and provide you with an activity score, which is based on your activity regarding accepting, declining, not responding or completing Transportation Service requests.
9. MARKET OVERVIEWS AND CAMPAIGNS
9.1. We may send you, via the HOPP App, your HOPP Driver Account, SMS, email or other means, market overviews in order to increase your awareness regarding when the demand by the Passengers is highest. Such market overviews are merely informational and do not impose any obligations on you. As the market overviews are based on previous statistics, we cannot give any guarantees that the actual market situation will correspond to any estimates provided in the market overviews.
9.2. We may also provide campaigns, whereby we will guarantee a minimum income if you provide Transportation Services within a specified timeframe. If the specified minimum is not reached by you, we will compensate the gap. The specific requirements and conditions will be sent via the HOPP App, your HOPP Driver Account, SMS, email or other means. We have full discretion in deciding if, when and to which Drivers we provide such campaigns. If we have reasonable cause to suspect any fraudulent activity by you, we may withhold your Fare until such suspicion of fraud has been cleared.
9.3. We may also occasionally arrange various campaigns in order to promote the HOPP Platform or HOPP App. If the Fare paid is reduced as part of such campaign, we will pay you compensation amounting to the monetary value of the benefit offered to the Passengers. We may set off the marketing compensation against the HOPP Fee.
10. RELATIONSHIP BETWEEN YOU, US AND THE PASSENGERS
10.1. You hereby acknowledge and agree that we are a private transportation company that will provide services to you including lead generation, payment processing, customer support, and other related services, and we do not provide Transportation Services. By providing the HOPP Platform, HOPP App and HOPP Services, we act as a marketplace connecting Passengers with Drivers to help Passengers move around cities more efficiently. You acknowledge that you are providing the Transportation Services on the basis of a contract for carriage of passengers and that you will provide the Transportation Services as an economic and professional activity as an independent contractor. You are not engaged to, and do not, provide services to HOPP and their affiliates unless otherwise agreed to. All Drivers acting on the HOPP Platform or HOPP App will be considered as independent contractors. Drivers are solely responsible for providing the Transportation Service and the ownership, maintenance, repair and replacement of the vehicle used to provide the Transportation Service, and bear all costs and risks associated with same. HOPP acts as the commercial agent/operator of the Drivers solely for the mediation of conclusion of contracts between the Driver and the recipient of the Transportation Service and for no other purposes, and thus, among other things, accepts payments from the Passengers or any other recipients of the Transportation Service and forwards the payments to the Driver.
10.2. You acknowledge that no employment agreement nor an employment relationship has been or will be established between you and us. You also acknowledge that no joint venture or partnership exists between you and us. You may not act as an employee, agent or representative of us nor conclude any contract on our behalf. 10.3. You may not transfer your rights and obligations deriving from the Agreement to any third party.
11. PROCESSING OF PERSONAL INFORMATION, ACCESS TO DATA
11.1. Your personal information will be processed in accordance with our privacy notice, available here.
11.2. HOPP has access to all personal information and other data provided or generated in connection with your use of the HOPP Platform, the HOPP App, and the HOPP Services. HOPP will take all reasonable steps to ensure confidentiality of such data and comply with applicable laws whenever such data contains personal information.
11.3. You will have access to personal information and other data provided by you or generated in connection with your use of the HOPP Services to the extent that such data is made available to you under your HOPP Driver Account through the HOPP App or the HOPP Platform. You will take all reasonable steps to ensure the confidentiality of such data and comply with applicable laws as long as and to the extent that such data contains personal information of Passengers.
11.4. You are responsible for maintaining the integrity of all information relating to your access to and use of the HOPP App, including any passwords, login or key information, and you represent and warrant at all times that you will not share your password, login or key information with any third party.
12. LIABILITY, INDEMNITY
12.1. The HOPP Platform and HOPP App is provided on an "as is" and “as available” basis. We do not represent, warrant, covenant or otherwise guarantee that access to and use of the HOPP App, the HOPP Platform and HOPP Services will be uninterrupted or error-free. As the usage of the HOPP Platform and HOPP App for requesting Transportation Services depends on the behaviour of Passengers, we do not guarantee that your usage of the HOPP Platform or HOPP App will result in any Transportation Service requests. To the maximum extent permitted by applicable law, we disclaim all representations, warranties and conditions, express or implied, including all warranties of merchantable quality and fitness for a particular purpose.
12.2. You will defend, indemnify and hold harmless HOPP, its affiliates, subsidiaries and each of their respective directors, officers, employees, subcontractors and other representatives (each, a “HOPP Indemnitee”) from and against any and all losses, damages, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind incurred by a HOPP Indemnitee arising out of or relating to any claim by a third party (other than an affiliate of a HOPP Indemnitee) that arise from or relate to: (i) your use of the HOPP Platform, the HOPP App, or HOPP Services; (ii) your breach of the Agreement or any applicable laws or regulations; or (iii) your provision of the Transportation Services.
12.3. To the maximum extent permitted under applicable laws, in no event will HOPP or other HOPP Indemnitees be liable to you for any: (i) special, exemplary, punitive, indirect, incidental or consequential damages; (ii) lost or loss of (a) savings, (b) profit, (c) data, (d) use, or (e) goodwill; (iii) business interruption; (iv) costs for the procurement of substitute products or services; (v) personal injury or death; or (vi) personal or property damage arising out of or in any way connected to the Agreement, regardless of cause of action or the theory of liability, whether in contract, tort (including negligence or gross negligence), or otherwise, even if notified in advance of the possibilities of such damages. Without limiting the foregoing, in no event will the total aggregate liability of HOPP or other HOPP Indemnitees in connection with or under the Agreement, whether in contract, tort (including negligence or gross negligence), or otherwise, exceed 500 USD. For greater certainty, the existence of one or more claims under the Agreement will not increase this maximum liability amount.
13. TERM, SUSPENSION AND TERMINATION
13.1. The conditions expressly specified in the Agreement will enter into force as of the date that the signup application is accepted and will continue until terminated in accordance with the Agreement. Any other terms, guidelines and documents that constitute an integral part of the Agreement will enter into force as of the date that the specific document or message has been made available to you and you commence or continue providing Transportation Services on the HOPP Platform or HOPP App.
13.2. You may terminate the Agreement at any time by notifying HOPP at least 7 days in advance, after which your right to use the HOPP Platform, HOPP App and HOPP Services will terminate.
13.3. HOPP may terminate the Agreement and remove your access or any access in association with your account to all or part of the HOPP Platform or HOPP App (including preventing you from registering a new account) by giving you at least 3 days' notice together with HOPP’s reasons for doing so. Such reasons may include (without limitation):
13.3.1. HOPP considers that this might be required in order to ensure the normal ongoing business operation of the HOPP Platform, HOPP App or any part of the Transportation Service;
13.3.2. you are in breach of the Agreement;
13.3.3. in certain circumstances, if you are in breach of any applicable laws or regulations (except where clause 13.4 applies);
13.3.4. HOPP considers this necessary to protect its reputation, the HOPP Platform or HOPP App; or
13.3.5. changes to the HOPP Platform or HOPP App have meant that you are no longer in a position to provide Transportation Services on the HOPP Platform or HOPP App.
13.4. Where HOPP gives you notice in accordance with clause 14.3, you will be provided with a statement of reasons for the termination, unless we are unable or are advised not to do so for regulatory or legal reasons. In any case, you will have an opportunity to register a complaint with HOPP as set out in clause 13.8. If following review of such complaint, the termination is considered to be wrongful, access to the HOPP Platform and HOPP App can be restored, which HOPP will confirm in writing.
13.5. HOPP is entitled to immediately terminate the Agreement and block your access to the HOPP Platform or HOPP App without giving any advance notice if you repeatedly violate the terms or conditions of the Agreement (including these Terms and policies referred to in the Agreement) or any applicable laws or regulations, disparage HOPP, engage in fraudulent behaviour, or cause harm to the HOPP Marks, reputation or business as determined by HOPP in our sole discretion. In the aforementioned cases we may, at our own discretion, prohibit you from registering a new HOPP Driver Account.
13.6. We may also immediately suspend (block) or restrict your access to the HOPP Platform or HOPP App, including to your HOPP Driver Account for the period of investigation, if there has been or we suspect any breach of any term or condition of this Agreement or fraudulent activity from you. Such block of access will be removed once the investigation disproves such suspicions.
13.7. HOPP may terminate the Agreement without cause and remove your access or any access in association with your account to the HOPP App, HOPP Platform and HOPP Services (including preventing you from registering a new HOPP Driver Account) by giving you at least 7 days’ notice.
13.8. HOPP is entitled to suspend, for a reasonable period of time and after having issued a prior warning, the processing of notices and complaints submitted through the Internal Complaint-Handling System by the Passengers and Drivers that frequently submit notices or complaints which are determined by HOPP to be unfounded. While assessing the circumstances for the suspension, HOPP considers the following:
13.8.1. the absolute numbers of items of manifestly illegal content or manifestly unfounded notices or complaints, submitted within a month;
13.8.2. the relative proportion of notices and complaints in relation to the total number of items of information provided or notices submitted within a month;
13.8.3. the gravity of the misuse of the notice action mechanisms; and
13.8.4. (if applicable) the intention of the complainant for submitting manifestly unfounded complaints.
13.9. In the interest of maintaining a consistent and secure user experience on the HOPP Platform, if the Driver is suspended or terminated from the HOPP App for Transportation Services, HOPP reserves the right to suspend or terminate the Driver also from the HOPP App for delivery services.
14. AMENDMENTS
14.1. HOPP reserves the right to amend the Agreement (including these Terms) at any time by uploading the revised version on its website here and notifying you (e.g. via email, the HOPP App or your HOPP Driver Account) whenever, in the reasonable opinion of HOPP, such amendments are material.
14.2. HOPP will provide at least 15 days advance notice (e.g. via email, the HOPP App or your HOPP Driver Account) about the amendments that affect the rights of the Driver, unless:
14.2.1. HOPP is subject to a legal or regulatory obligation which requires it to amend the Agreement in a manner which does not allow it to respect the advance notice period;
14.2.2. immediate amendment is required to address an unforeseen and imminent danger related to health, safety or cybersecurity risks, or defending the HOPP Services, Passengers or Drivers from fraud, malware, spam or data breaches; or
14.2.3. you have elected to waive the advance notice period (e.g. you continue to use HOPP Services after the receipt of the notice of amendment).
14.3. If you do not agree to the amendments of the Terms or other conditions of the Agreement, you have the right to terminate the Agreement by discontinuing the use of the HOPP Services and providing a termination notice to HOPP. The termination of the Agreement takes effect on the effective date of the proposed amendment, unless otherwise provided in your termination notice. Your use of the HOPP Services on or after the effective date of the amendment constitutes your consent to be bound by the Agreement, as amended.
15. APPLICABLE LAW AND COURT JURISDICTION
15.1. The Agreement will be exclusively governed by, construed and enforced in accordance with the laws of the United States.
16. NOTICES
16.1. You are obligated to immediately notify us of any changes to your contact information.
16.2. Any notice required to be given under the Agreement (including under these Terms) will be sufficiently given if:
16.2.1. delivered personally;
16.2.2. sent by courier with proof of delivery;
16.2.3. sent by registered mail;
16.2.4. made available via the HOPP App or your HOPP Driver Account; or
16.2.5. sent by email.
16.3. Any notice which is sent or dispatched in accordance with clause 16.3 will be deemed to have been received:
16.3.1. if delivered personally, at the time of delivery to the party;
16.3.2. if delivered by courier, on the date stated by the courier as being the date on which the envelope containing the notice was delivered to the party;
16.3.3. if sent by registered mail, on the 10th day after handing the document over to the post office for delivery to the party;
16.3.4. if made available via the HOPP App or your HOPP Driver Account, on the second day following the dispatch of the message; or
16.3.5. if sent by email, on the day the party receiving the email confirms receiving the respective email or on the second day following the dispatch of the email provided that the sender has not received an error notice (notifying that the email was not delivered to the party) and has sent the email again on the next calendar day and has not received a similar error notice.
17. FINAL PROVISIONS
If any provision of the Agreement is held to be unenforceable, such provision will be severed from the Agreement, and the parties will substitute for the affected provision an enforceable provision that approximates the intent and economic effect of the affected provision. Any failure or delay of a party to enforce a right under the Agreement will not be deemed as a waiver of such a right. The terms “include” and “including” mean, respectively, “include without limitation” and “including without limitation.” The headings of sections of these Terms are for reference purposes only and have no substantive effect. The terms “consent” or “discretion” mean the right of a party to withhold such consent or exercise such discretion, as applicable, arbitrarily and without any implied obligation to act reasonably or explain its decision to the other party.