Trapy Terms and Conditions

1. DEFINITIONS

For the purposes of these Terms:

• Account means a registered user account created on the Platform.
• Driver means a User who offers a ride through the Platform.
• Rider means a User who books or participates in a ride through the Platform.
• Ride means a journey offered by a Driver and accepted by a Rider through the Platform.
• Platform means the Trapy application, website, software, APIs and associated services.
• User means any individual accessing or using the Platform, including Drivers and Riders.
• Applicable Law means all applicable laws, regulations, rules, notifications, governmental directions and judicial orders in force in India.

2. NATURE OF SERVICES

Trapy is solely a technology platform that enables Users to connect with each other for ride-sharing and carpooling purposes.

Trapy does not:

• Own vehicles;
• Lease vehicles;
• Operate transportation services;
• Employ Drivers;
• Act as a transport carrier;
• Act as a taxi operator;
• Act as a fleet owner;
• Provide transportation services.

The transportation arrangement is solely between the Driver and Rider.

Trapy merely facilitates interaction and communication between Users and shall not be considered a party to any transportation arrangement entered into between Users.

Users acknowledge that Trapy only acts as an intermediary technology platform.

3. ELIGIBILITY

To use the Platform, a User must:

• Be at least 18 years of age;
• Be legally competent to contract under Applicable Law;
• Provide true, complete and accurate information;
• Not be prohibited from using the Platform under Applicable Law.

By using the Platform, the User represents and warrants compliance with the above requirements.

4. ACCOUNT REGISTRATION

Users shall:

• Register using accurate information;
• Maintain confidentiality of login credentials;
• Promptly update profile information;
• Ensure account security.

Users shall be solely responsible for all activities undertaken through their Account.

Trapy reserves the right to verify identity and account information at any time.

4A. API Setu and DigiLocker Integration

Trapy may integrate with API Setu, DigiLocker and other government-authorized digital public infrastructure platforms operated by or on behalf of the Government of India.

Where document verification is required, Users may voluntarily provide consent for Trapy to access, retrieve, verify, process and store documents and records available through DigiLocker, API Setu or similar government-authorized platforms.

By providing such consent, the User acknowledges and agrees that:

• Trapy acts solely as a requesting entity for obtaining records made available through government-authorized platforms;
• Trapy does not create, issue, modify, authenticate or certify any government-issued document;
• Documents shall be retrieved only pursuant to the User's explicit consent and authentication;
• Trapy may rely upon such documents for identity verification, eligibility verification, vehicle verification, safety compliance, fraud prevention and regulatory compliance purposes;
• Retrieval of documents through DigiLocker or API Setu does not create any liability upon Trapy regarding the accuracy, validity or continued availability of such records.

The User further agrees to comply with all applicable terms, policies and guidelines governing DigiLocker, API Setu and similar government-authorized digital platforms.

5. DRIVER REPRESENTATIONS AND WARRANTIES

Every Driver represents and warrants that:

• The Driver possesses a valid driving licence;
• The vehicle is legally owned, leased or otherwise lawfully possessed;
• The vehicle is roadworthy and maintained in safe operating condition;
• The vehicle possesses valid registration;
• The vehicle possesses valid insurance;
• The vehicle possesses a valid Pollution Under Control Certificate;
• The Driver complies with all Applicable Laws.

Drivers shall ensure continued compliance throughout the duration of Platform usage.

6. COST-SHARING PRINCIPLE

The Platform is intended for genuine ride-sharing and carpooling arrangements. Drivers shall only seek reasonable contribution towards actual trip-related costs including:

• Fuel expenses;
• Toll charges;
• Parking charges;
• Vehicle wear and tear;
• Other reasonable journey-related expenses.

Drivers shall not:

• Operate commercial passenger transport services through the Platform;
• Earn profit from rides;
• Use the Platform as a taxi service;
• Conduct commercial transportation unless specifically permitted under Applicable Law.

Users acknowledge that Trapy facilitates cost-sharing arrangements and not commercial transportation services.

7. USER OBLIGATIONS

Users agree that they shall:

• Behave respectfully towards other Users;
• Comply with Applicable Laws;
• Provide accurate information;
• Follow safety requirements;
• Cooperate during rides.

Users shall not:

• Harass other Users;
• Discriminate against any User;
• Carry prohibited items;
• Engage in unlawful activities;
• Use false identities;
• Impersonate another person;
• Upload misleading information;
• Interfere with Platform operations.

8. BOOKINGS AND RIDE ARRANGEMENTS

Drivers independently determine:

• Routes;
• Departure times;
• Available seats;
• Ride conditions.

Riders independently decide:

• Whether to book a ride;
• Whether to travel.

Trapy does not guarantee:

• Availability of rides;
• Ride completion;
• User conduct;
• Timeliness of travel.

9. PAYMENTS

Users may be required to make payments through payment mechanisms provided on the Platform. Payments may include:

• Ride contributions;
• Platform fees;
• Service fees;
• Convenience fees;
• Applicable taxes.

Trapy reserves the right to modify pricing structures at any time.

Payments may be processed through third-party payment service providers. Trapy shall not be responsible for payment processing failures caused by third-party providers.

10. CANCELLATIONS

Drivers and Riders may cancel rides in accordance with policies prescribed by Trapy.

Repeated cancellations, abuse of bookings or no-show conduct may result in:

• Warnings;
• Suspension;
• Account termination;
• Penalties.

Refunds, if applicable, shall be processed in accordance with Trapy's Refund Policy.

11. USER VERIFICATION

Trapy may conduct verification procedures including:

• Mobile verification;
• Email verification;
• Identity verification;
• Vehicle verification;
• Document verification;
• DigiLocker verification;
• API Setu verification;
• Government document verification;
• Driving licence verification;
• Registration certificate verification;
• Aadhaar-based verification where permitted by Applicable Law.

However, Trapy does not guarantee:

• Identity;
• Character;
• Suitability;
• Creditworthiness;
• Safety;
• Legality;
• Reliability;

of any User. Users interact entirely at their own risk.

Trapy may utilize API Setu, DigiLocker and other government-authorized verification infrastructure for the purpose of validating User credentials, identity records, vehicle records, licences and other documents. Users expressly consent to such verification processes where applicable.

12. SAFETY DISCLAIMER

Users acknowledge that participation in rides involves inherent risks.

Trapy does not guarantee:

• Safety of rides;
• Behaviour of Users;
• Condition of vehicles;
• Accuracy of User information.

Users voluntarily participate in rides at their own risk.

Trapy shall not be responsible for:

• Accidents;
• Injuries;
• Death;
• Theft;
• Assault;
• Harassment;
• Misconduct;
• Property damage.

13. WOMEN SAFETY AND EMERGENCY FEATURES

The Platform may provide:

• Emergency contact sharing;
• SOS functionality;
• Location sharing;
• Safety reporting mechanisms.

Such features are supplementary in nature.

Trapy does not guarantee prevention of criminal acts, misconduct or emergencies through such features.

14. LOCATION AND DEVICE PERMISSIONS

Users consent to the collection and processing of:

• Real-time location data;
• Device identifiers;
• GPS information;
• Network information;
• Ride history;
• Travel preferences.

Such information may be used for:

• Ride matching;
• Safety monitoring;
• Fraud detection;
• Customer support;
• Service optimization.

15. RATINGS, REVIEWS AND FEEDBACK

Users may provide ratings, reviews and feedback.

Users shall ensure such content is:

• Truthful;
• Non-defamatory;
• Non-abusive;
• Non-discriminatory.

Trapy reserves the right to:

• Remove content;
• Edit content;
• Moderate content;
• Restrict visibility of content.

16. PROHIBITED ACTIVITIES

Users shall not:

• Reverse engineer the Platform;
• Copy software or source code;
• Introduce malware;
• Use automated bots;
• Scrape Platform data;
• Circumvent security measures;
• Access unauthorized systems;
• Interfere with Platform operations.

Any such activity may result in immediate legal action.

17. INTELLECTUAL PROPERTY RIGHTS

All rights, title and interest in:

• Platform software;
• Design;
• Interface;
• Algorithms;
• Databases;
• Trademarks;
• Trade names;
• Logos;
• Content;

shall remain the exclusive property of Trapy or its licensors.

No ownership rights are transferred to Users.

18. USER CONTENT

Users grant Trapy a worldwide, perpetual, royalty-free, non-exclusive licence to use, display, reproduce, host, store and process content uploaded to the Platform for operation, promotion and improvement of services.

Users represent that they possess all rights necessary to upload such content.

19. DATA PROTECTION

Trapy shall process personal data in accordance with:

• Digital Personal Data Protection Act, 2023;
• Applicable data protection laws;
• Trapy Privacy Policy.

Users consent to collection, storage, processing, sharing and retention of personal data for legitimate Platform operations.

Further details regarding collection, processing, storage, consent management, retention and deletion of personal data obtained through DigiLocker, API Setu and related government-authorized systems shall be governed by the Trapy Privacy Policy.

19A. CONSENT-BASED RETRIEVAL OF GOVERNMENT RECORDS

Users expressly authorize Trapy, upon obtaining their informed consent, to retrieve and process government-issued documents and records through DigiLocker, API Setu and other legally authorized government systems.

Such records may include, without limitation:

• Driving licences;
• Vehicle registration certificates;
• Identity documents;
• Address records;
• Insurance records;
• Other government-issued credentials.

Users acknowledge that:

• Consent may be withdrawn at any time, subject to legal and operational requirements;
• Withdrawal of consent may affect the availability of certain Platform features or services;
• Trapy shall process such information only for lawful purposes connected with Platform operations, compliance obligations, safety verification, fraud prevention and User authentication.

Government Document Disclaimer:
Trapy relies upon information made available by Users and government-authorized verification systems. Trapy does not independently guarantee the authenticity, completeness, accuracy, legality or continued validity of any document retrieved through DigiLocker, API Setu or any similar government-authorized platform.

20. AI, ANALYTICS AND AUTOMATED SYSTEMS

Users acknowledge and consent that Trapy may utilize:

• Artificial intelligence systems;
• Machine learning models;
• Automated decision-making tools;
• Fraud detection systems;
• Route optimization systems;
• Analytics technologies.

Such systems may be used for:

• User matching;
• Safety enhancement;
• Service optimization;
• Demand forecasting;
• Risk management.

21. THIRD-PARTY SERVICES

The Platform may integrate with third-party services including:

• Maps;
• GPS providers;
• Payment gateways;
• Telecom providers;
• Cloud infrastructure providers;
• API Setu;
• DigiLocker;
• Government-authorized digital public infrastructure services;
• Identity verification service providers.

Trapy shall not be responsible for any delay, interruption, unavailability, inaccuracy or service failure attributable to DigiLocker, API Setu, government databases or any third-party verification infrastructure.

22. SUSPENSION AND TERMINATION

Trapy may suspend or terminate Accounts at any time if:

• Applicable Law is violated;
• Fraud is suspected;
• User misconduct occurs;
• Safety concerns arise;
• False information is provided;
• Platform abuse is detected.

Termination may occur without prior notice where reasonably necessary.

23. INDEMNITY

Users agree to indemnify, defend and hold harmless Trapy, its directors, officers, employees, affiliates and representatives from and against all losses, claims, liabilities, damages, costs, penalties and expenses arising out of:

• User conduct;
• Violation of these Terms;
• Violation of Applicable Law;
• Claims by third parties;
• Misuse of the Platform.

24. LIMITATION OF LIABILITY

To the maximum extent permitted under Applicable Law:

Trapy shall not be liable for:

• Death;
• Personal injury;
• Assault;
• Theft;
• Harassment;
• Vehicle breakdown;
• Loss of profits;
• Business interruption;
• Data loss;
• Consequential damages;
• Indirect damages.

Under no circumstances shall Trapy's aggregate liability exceed the total Platform Fees paid by the User to Trapy during the preceding twelve (12) months.

25. FORCE MAJEURE

Trapy shall not be liable for delays or failures arising from events beyond reasonable control including:

• Natural disasters;
• Floods;
• Earthquakes;
• Pandemics;
• Cyberattacks;
• Government restrictions;
• Internet failures;
• Power outages.

26. REGULATORY COMPLIANCE

Users acknowledge that laws relating to:

• Ride-sharing;
• Carpooling;
• Cost-sharing;
• Transportation services;
• Use of private vehicles;

may vary across jurisdictions.

Users shall independently ensure compliance with Applicable Laws.

Trapy does not warrant legality of ride-sharing arrangements in every jurisdiction.

27. GRIEVANCE REDRESSAL

For grievances, complaints or queries:

The Grievance Officer shall address complaints within timelines prescribed under Applicable Law.

28. MODIFICATION OF TERMS

Trapy may modify these Terms at any time.

Updated Terms shall become effective upon publication on the Platform.

Continued use of the Platform shall constitute acceptance of revised Terms.

29. GOVERNING LAW

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

30. DISPUTE RESOLUTION

Any dispute arising out of or relating to these Terms shall first be attempted to be resolved through good-faith negotiations.

If unresolved, the dispute shall be referred to arbitration under the provisions of the Arbitration and Conciliation Act, 1996.

The arbitration shall:

• Be conducted by a sole arbitrator appointed by Trapy;
• Be conducted in English language;
• Have its seat and venue at Gurugram, Haryana.

The award shall be final and binding upon the parties.

31. JURISDICTION

Subject to the arbitration clause above, courts at Bhopal, Madhya Pradesh shall have exclusive jurisdiction over all matters arising from or relating to these Terms.

32. SEVERABILITY

If any provision of these Terms is held invalid or unenforceable, the remaining provisions shall continue in full force and effect.

33. ENTIRE AGREEMENT

These Terms, together with the Privacy Policy and other Platform policies, constitute the entire agreement between the User and Trapy concerning use of the Platform.