These Terms of Service constitute a legally binding agreement (the “Agreement”) between you and Karona24H, Lda., its parents, subsidiaries, representatives, affiliates, officers and directors (collectively, “Karona24,” “we,” “us” or “our”) governing your use of the Karona24 applications, websites, technology, facilities, and platform (collectively, the “Karona24 Platform”).

By entering into this Agreement, and/or by using or accessing the Karona24 Platform, you expressly acknowledge that you understand this Agreement and accept all of its terms. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MAY NOT USE OR ACCESS THE Karona24 PLATFORM OR ANY OF THE SERVICES PROVIDED THROUGH THE Karona24 PLATFORM. If you use the Karona24 Platform in another country, you agree to be subject to Karona24’s terms of service for that country. If you are accessing or using the Karona24 Platform to access or use Karona24 Business services on behalf of an organization contracted with Karona24, and you are not accessing or using the Karona24 Platform as a Rider or Driver, your access and use is governed by the contract between Karona24 and your organization.

When using the Karona24 Platform, you also agree to conduct yourself in accordance with our Community Guidelines, which shall form part of this Agreement between you and Karona24.

The Karona24 Platform

The Karona24 Platform provides a marketplace where, among other things, persons who seek transportation to certain destinations (“Riders”) can be matched with transportation options to such destinations. One option for Riders is to request a ride from rideshare drivers who are driving to or through those destinations (“Drivers”). Drivers, Riders, and any other individuals, excluding any Excluded Individuals, using the Karona24 Platform are collectively referred to herein as “Users,” and the driving services provided by Drivers to Riders, and other transportation related services provided by Drivers in connection with the Karona24 Platform, shall be referred to herein as “Rideshare Services.” “Karona24 Services” shall include any service provided by Karona24 pursuant to the Karona24 Platform (for clarity, Karona24 Services does not include Rideshare Services or Third-Party Services). As a User, you authorize Karona24 to match and/or re-match you with Drivers or Riders based on factors such as your location, the requested pickup location, the estimated time to pickup, your destination, User preferences, ride mode, driver mode, membership status, regulatory or other third-party requirements, user statistics, and platform efficiency, and to cancel an existing match based on the same or other considerations. Any decision by a User to offer or accept Rideshare Services is a decision made in such User’s sole discretion. A separate agreement is formed between Drivers and Riders when the Rider accepts the Rideshare Services offered by the Driver. As used herein, “Excluded Individuals” means any individual who is registering to use the Karona24 Platform or whose use of the Karona24 Platform is on behalf of an organization contracted with Karona24, except as a Rider or Driver.

In any case, your use of Karona24 Services through the Karona24 Platform may be subject to additional agreements between you and Karona24 as applicable to the particular service in the particular market (“Supplemental Agreements”). Please review any applicable Supplemental Agreements carefully. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF A SUPPLEMENTAL AGREEMENT, YOU MAY NOT RENT OR USE Karona24 SERVICES IN SUCH MARKET. In the event of any conflict between this Agreement and the terms and conditions of any Supplemental Agreement, the terms of this Agreement shall control, unless such Supplemental Agreement specifically states otherwise.

Modification to the Agreement

Karona24 reserves the right to modify the terms and conditions of this Agreement, and such modifications shall be binding on you only upon your acceptance of the modified Agreement. Karona24 reserves the right to modify any information on pages referenced in the hyperlinks from this Agreement from time to time, and such modifications shall become effective upon posting. Continued use of the Karona24 Platform after any such changes shall constitute your acceptance of such changes. Unless material changes are made to the arbitration provisions herein, you agree that modification of this Agreement does not create a renewed opportunity to opt out of arbitration (if applicable).

Eligibility

The Karona24 Platform may only be used by individuals who have the right and authority to enter into this Agreement and are fully able and competent to satisfy the terms, conditions, and obligations herein. The Karona24 Platform is not available to Users who have had their User account temporarily or permanently deactivated. You may not allow other persons to use your User account, you agree that you are the sole authorized user of your User account, and you may not use your User account on behalf of any third party, except as otherwise expressly permitted by Karona24. To use the Karona24 Platform, each User shall create a User account. Each person may only create one User account, and Karona24 reserves the right to deactivate any additional or duplicate accounts. Your participation in certain Karona24 programs and use of certain Karona24 services may be subject to additional eligibility requirements as determined by Karona24.

By becoming a User, you represent and warrant that you are at least 18 years old. Notwithstanding the foregoing, if you are the parent or legal guardian of a 16 or 17-year old minor you may create a User account for such minor to use the Karona24 Platform subject to the following requirements and restrictions: (a) you ensure that the minor’s use of the Karona24 Platform is limited solely to accessing and using Karona24 Services and/or Third-Party Services where expressly permitted under the Supplemental Agreement applicable to such Karona24 Services and/or Third-Party Services, (b) you determine that the Karona24 Services and/or Third-Party Services are suitable for the minor, (c) you ensure that the minor’s use of the Karona24 Platform and applicable Karona24 Services and/or Third-Party Services is done in compliance and acknowledgement of all applicable safety instructions and warnings in this Agreement, any applicable Supplemental Agreements, and the Karona24 Platform, (d) you ensure that the minor does not request or accept any Rideshare Services unless accompanied by you or an authorized guardian, and (e) you explain the terms of this Agreement to the minor. For clarity, no unaccompanied User under 18 years old may ride in an autonomous vehicle.

By creating a User account for such minor, you hereby give permission and consent to the Agreement on the minor’s behalf, you expressly guarantee the minor’s acceptance, and your own acceptance, of the terms of this Agreement, and you shall assume any and all responsibility and liability for the minor’s use of the Karona24 Platform as provided by the terms of this Agreement and any applicable Supplemental Agreements. You will be responsible for any breach of the above representations, warranties and/or this Agreement, and/or any attempt of the minor to disaffirm this Agreement. Furthermore, you hereby represent that you are fully authorized to execute this Agreement on behalf of yourself and all other parents or legal guardians of the minor rider.

Charges

As a User, you understand that request or use of Rideshare Services, Karona24 Services, or Third-Party Services may result in charges (“Charges”) to you and/or to an organization, if applicable. Charges to Riders and/or organizations, if applicable, for Rideshare Services include Fares (defined below) and other applicable fees, tolls, surcharges, and taxes, including any tips to the Driver that you elect to pay. Karona24 has the authority and reserves the right to determine and modify pricing or quoting you a price for a specific ride at the time you make a request. Pricing may vary based on the type of service you request (e.g., shared, economy, extra seats, luxury).

Rideshare Service Fares (“Fares”). There are two types of Fares, quoted and variable.

• Quoted Fares. When you make a ride request using the Karona24 Platform, Karona24 will quote you a Fare at the time of your request. The quote is subject to change until the ride request is confirmed. If your final destination is not the same as the destination in your ride request, or the time or distance of your ride differs substantially from your quoted fare, or if you attempt to abuse the Karona24 Platform, we may, at Karona24’s sole discretion and determination, cancel the fare quote and charge you a variable fare as described below. Karona24 does not guarantee that the quoted fare price will be equal to a variable fare for the same ride. Quoted fares may include the Rideshare Service Fees and Other Charges below, as applicable.
• Variable Fares. Variable fares consist of a base charge and incremental charges based on the time and distance of your ride. For particularly short rides, minimum fares may apply. Please note that we use GPS data from your Driver’s phone to calculate the distance traveled on your ride. We cannot guarantee the availability or accuracy of GPS data. If we lose signal, we will calculate time and distance using available data from your ride. In addition to the variable fare, the total cost of your ride may include the Rideshare Service Fees and Other Charges below, as applicable.

Rideshare Service Fees and Other Charges.

• Service Fee. Karona24 may charge a “Service Fee” for each ride.
• Prime Time. At certain times, including times of high demand for Rideshare Services (“Prime Time”), you acknowledge that Charges may increase substantially. For quoted fares, we may factor Prime Time increases into the quoted price of the ride.
• Priority Pickup and Wait & Save. In some cases, you may be able to select an expected pick up that is faster or slower than standard for a higher or lower Fare, respectively.
• Cancellation Fee. After requesting a ride you may cancel it through the Karona24 Platform, but note that in certain cases a cancellation fee may apply. Karona24 may also charge a fee if you fail to show up after requesting a ride.
• Damage Fee. If a Driver reports that you have materially damaged the Driver’s vehicle, you agree to pay a “Damage Fee” of up to 10,000MZM depending on the extent of the damage (as determined by Karona24 in its sole discretion), towards vehicle repair or cleaning. Karona24 reserves the right (but is not obligated) to verify or otherwise require documentation of damages prior to processing the Damage Fee.
• Tolls. In some instances tolls, toll estimates, or return tolls may apply to your ride. We do not guarantee that the amount charged by Karona24 will match the toll charged to the Driver, if any.
• Other Charges. Other fees and surcharges may apply to your ride, including, but not limited to: actual or anticipated airport fees, state fees, local fees, event fees, fuel surcharges, wait time fees, or distance surcharges as determined by Karona24 or its marketing partners. In addition, where required by law Karona24 will collect applicable taxes.
• Tips. Following a ride, you may have the opportunity to elect to tip your Driver in cash or through the Karona24 Platform. You may also elect to set a default tip amount or percentage through the Karona24 Platform. Any tips will be provided entirely to the applicable Driver.

Charges Generally.

• Facilitation of Charges. All Charges are facilitated through a third-party payment processor (M-pesa, PayPal, and e-Mola). Karona24 may replace its third-party payment processor without notice to you. With the exception of tips, cash payments are strictly prohibited unless expressly permitted by Karona24. Your payment of Charges to Karona24 satisfies your payment obligation for your use of the Karona24 Platform, Karona24 Services, Third-Party Services, and Rideshare Services. Certain Charges may be collectively billed as a single purchase transaction to your selected payment method based on the payment frequency indicated in your settings. If your primary payment method expires, is invalid, or if Charges to your primary payment method are unable to be processed for whatever reason, then you agree that Karona24 may charge your other available payment methods in the Karona24 Platform. If you don’t recognize a transaction, then check your ride receipts and payment history.
• No Refunds. All Charges are non-refundable except to the extent required by law. This no-refund policy shall apply at all times regardless of your decision to terminate usage of the Karona24 Platform, any disruption to the Karona24 Platform, Karona24 Services, Third-Party Services, or Rideshare Services, or any other reason whatsoever.
• Coupons. You may receive coupons, credits, discounts, or other promotions (collectively, “Coupons”) that you can apply toward payment of certain Charges. Coupons are valid only for use on the Karona24 Platform, and are not transferable or redeemable for cash except as required by law. Coupons cannot be combined unless expressly provided otherwise, and if the cost of your Charges exceeds the applicable Coupon value, we may charge your payment method on file for the Charges in excess of the Coupon amount. With respect to Fares, Karona24 may deduct the amount attributable to the Service Fee, Tolls, or Other Charges before application of the Coupon. Additional restrictions on Coupons may apply as communicated to you in a relevant promotion or by clicking on the relevant Coupon within the Rewards section of the Karona24 Platform.

For clarity, Karona24 does not charge a fee for Users to access the Karona24 Platform, but retains the right to charge Users and/or organizations, if applicable, a fee or any other Charge for accessing or using Karona24 Services, Rideshare Services, or Third-Party Services made available through the Karona24 Platform.

Driver Payments

If you are a Driver, you will receive payment for your provision of Rideshare Services pursuant to the terms of the Driver Addendum, which shall form part of this Agreement between you and Karona24.

Karona24 Communications

By entering into this Agreement or using the Karona24 Platform, you agree to receive communications from us, our affiliates, or our third-party partners, at any of the phone numbers provided to Karona24 by you or on your behalf, and also via email, text message, calls, and push notifications. You agree that texts, calls or prerecorded messages may be generated by automatic telephone dialing systems. Communications from Karona24, its affiliated companies and/or Drivers may include but are not limited to: operational communications concerning your User account or use of the Karona24 Platform, Karona24 Services, Third-Party Services or Rideshare Services, updates concerning new and existing features on the Karona24 Platform, communications concerning marketing or promotions run by us or our third-party partners, and news concerning Karona24 and industry developments. If you change or deactivate the phone number you provided to Karona24, you agree to update your User account information to help prevent us from inadvertently communicating with anyone who acquires your old number. Standard text messaging charges applied by your cell phone carrier will apply to text messages we send.

Your Information

Your Information is any information you provide, publish or post, and any information provided on your behalf, to or through the Karona24 Platform (including any profile information you provide) or send to other Users (including via in-application feedback, any email feature, or through any Karona24-related Facebook, X or other social media posting) (your “Information”). You consent to us using your Information to create a User account that will allow you to use the Karona24 Platform, Karona24 Services, and participate in the Rideshare Services. Our collection and use of personal information in connection with the Karona24 Platform, Karona24 Services, and Rideshare Services is as provided in Karona24’s Privacy Policy. You are solely responsible for your Information and your interactions with other members of the public, and we act only as a passive conduit for your online posting of your Information. You agree to provide and maintain accurate, current and complete Information and that we and other members of the public may rely on your Information as accurate, current and complete. To enable Karona24 to use your Information for the purposes described in the Privacy Policy and this Agreement, or to otherwise improve the Karona24 Platform, Karona24 Services, or Rideshare Services you grant to us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, transferable, sub-licensable (through multiple tiers) right and license to exercise the copyright, publicity, and database rights you have in your Information, and to use, copy, perform, display and distribute such Information to prepare derivative works, or incorporate into other works, such Information, in any media now known or not currently known. Karona24 does not assert any ownership over your Information; rather, as between you and Karona24, subject to the rights granted to us in this Agreement, you retain full ownership of all of your Information and any intellectual property rights or other proprietary rights associated with your Information.

Restricted Activities

With respect to your use of the Karona24 Platform, Karona24 Services, Third-Party Services, and your participation in the Rideshare Services, you agree that you will not:

1. impersonate any person or entity;
2. stalk, threaten, or otherwise harass any person, or carry any weapons;
3. violate any law, statute, rule, permit, ordinance or regulation;
4. interfere with or disrupt the Karona24 Platform or the servers or networks connected to the Karona24 Platform;
5. post Information or interact on the Karona24 Platform, Karona24 Services, Third-Party Services, or Rideshare Services in a manner which is fraudulent, libelous, abusive, obscene, profane, sexually oriented, harassing, or illegal;
6. use the Karona24 Platform in any way that infringes any third party’s rights, including: intellectual property rights, copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
7. post, email or otherwise transmit any malicious code, files or programs designed to interrupt, damage, destroy or limit the functionality of the Karona24 Platform or any computer software or hardware or telecommunications equipment or surreptitiously intercept or expropriate any system, data or personal information;

Should you suspect that any unauthorized party may be using your User account or you suspect any other breach of security or violation of this Agreement, you agree to notify us immediately.

Driver Representations, Warranties and Agreements

By providing Rideshare Services as a Driver on the Karona24 Platform, you represent, warrant, and agree that:

1. You possess a valid driver’s license and are authorized and medically fit to operate a motor vehicle and have all appropriate licenses, approvals and authority to provide transportation to Riders in all jurisdictions in which you provide Rideshare Services.
2. You own, or have the legal right to operate, the vehicle you use when providing Rideshare Services; such vehicle is in good operating condition and meets the industry safety standards and all applicable statutory and state department of motor vehicle requirements for a vehicle of its kind; and any and all applicable safety recalls have been or will be remedied per manufacturer instructions.
3. You will not engage in reckless behavior while driving or otherwise providing Rideshare Services, drive unsafely, operate a vehicle that is unsafe to drive, permit an unauthorized third party to accompany you in the vehicle while providing Rideshare Services, provide Rideshare Services as a Driver while under the influence of alcohol or drugs, or take action that harms or threatens to harm the safety of the Karona24 community or third parties.
4. You will only provide Rideshare Services using the vehicle that has been reported to, and approved by Karona24, and you will not transport more passengers than can securely be seated in such vehicle (and no more than seven (7) passengers in any instance).
5. You will not attempt to defraud Karona24 or Riders on the Karona24 Platform or in connection with your provision of Rideshare Services. If we suspect that you have engaged in fraudulent activity we may withhold applicable Fares or other payments for the ride(s) in question and take any other action against you available under the law.
6. You will not discriminate against Riders with disabilities and agree to review Karona24’s.
7. You agree that we may obtain information about you, including your criminal and driving records, and you agree to provide any further necessary authorizations to facilitate our access to such records during the term of the Agreement.
8. You have a valid policy of liability insurance (in coverage amounts consistent with all applicable legal requirements) that names or schedules you for the operation of the vehicle you use to provide Rideshare Services, and you agree to provide proof of such insurance and that information regarding such insurance may be released to Karona24 upon Karona24’s reasonable request.
9. You will pay all applicable state and local taxes based on your provision of Rideshare Services and any payments received by you.
10. You will comply with Karona24’s reasonable requests to provide information in connection with Rider complaints, law enforcement requests, or any other incident.

Disclaimers

The following disclaimers are made on behalf of Karona24, our affiliates, subsidiaries, parents, successors and assigns, and each of our respective officers, directors, employees, agents, and shareholders.

Karona24 does not provide transportation services, and Karona24 is not a transportation carrier. Karona24 is not a common carrier or public carrier. It is up to the Driver to decide whether or not to offer a ride to a Rider contacted through the Karona24 Platform, and it is up to the Rider to decide whether or not to accept a ride from any Driver contacted through the Karona24 Platform. We cannot ensure that a Driver or Rider will complete an arranged transportation service. We have no control over the quality or safety of the transportation that occurs as a result of the Rideshare Services. Any safety-related feature, process, policy, standard, or other effort undertaken by Karona24 is not an indication of any employment or agency relationship with any User.

The Karona24 Platform is provided on an “as is” basis and without any warranty or condition, express, implied or statutory. We do not guarantee and do not promise any specific results from use of the Karona24 Platform, Karona24 Services, Third-Party Services, and/or the Rideshare Services, including the ability to provide or receive Rideshare Services at any given location or time. Karona24 reserves the right, for example, to limit or eliminate access to the Karona24 Platform for Rideshare Services, Third-Party Services, and/or Karona24 Services in specific geographic areas and/or at specific times based on commercial viability, public health concerns, or changes in law. To the fullest extent permitted by law, we specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.

Limitation of Liability

IN NO EVENT WILL Karona24, INCLUDING OUR AFFILIATES, SUBSIDIARIES, PARENTS, SUCCESSORS AND ASSIGNS, AND EACH OF OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SHAREHOLDERS (COLLECTIVELY “Karona24” FOR PURPOSES OF THIS SECTION), BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING DAMAGES FOR DELETION, CORRUPTION, LOSS OF DATA, LOSS OF PROGRAMS, FAILURE TO STORE ANY INFORMATION OR OTHER CONTENT MAINTAINED OR TRANSMITTED BY THE Karona24 PLATFORM, SERVICE INTERRUPTIONS, OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES) ARISING OUT OF OR IN CONNECTION WITH THE Karona24 PLATFORM, Karona24 SERVICES, THE RIDESHARE SERVICES, OR THIS AGREEMENT, HOWEVER ARISING INCLUDING NEGLIGENCE, EVEN IF WE OR OUR AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Term and Termination

This Agreement is effective upon your acceptance of this Agreement. This Agreement may be terminated: (a) by User, without cause, upon seven (7) days’ prior written notice to Karona24; or (b) by either Party immediately, without notice, upon the other Party’s material breach of this Agreement. In addition, Karona24 may terminate this Agreement or deactivate your User account immediately in the event: (1) you are no longer eligible to qualify as a User; (2) you no longer qualify to provide Rideshare Services or to operate the approved vehicle under applicable law, rule, permit, ordinance or regulation; (3) you fall below Karona24’s star rating or cancellation threshold; or (4) Karona24 has the good faith belief that such action is necessary to protect the safety of the Karona24 community or third parties, provided that in the event of a deactivation pursuant to (1)-(4) above, you will be given notice of the potential or actual deactivation and an opportunity to attempt to cure the issue to Karona24’s reasonable satisfaction prior to Karona24 permanently terminating the Agreement. For all other breaches of this Agreement, you will be provided notice and an opportunity to cure the breach. If the breach is cured in a timely manner and to Karona24’s satisfaction, this Agreement will not be permanently terminated.

DISPUTE RESOLUTION AND ARBITRATION AGREEMENT

(a) Agreement to Binding Arbitration Between You and Karona24.

YOU AND Karona24 MUTUALLY AGREE TO WAIVE OUR RESPECTIVE RIGHTS TO RESOLUTION OF DISPUTES IN A COURT OF LAW BY A JUDGE OR JURY AND AGREE TO RESOLVE ANY DISPUTE BY ARBITRATION, as set forth below.

Except as expressly provided below, ALL DISPUTES AND CLAIMS BETWEEN US (EACH A “CLAIM” AND COLLECTIVELY, “CLAIMS”) SHALL BE EXCLUSIVELY RESOLVED BY BINDING ARBITRATION SOLELY BETWEEN YOU AND Karona24.

BY AGREEING TO ARBITRATION, YOU UNDERSTAND THAT YOU AND Karona24 ARE WAIVING THE RIGHT TO SUE IN COURT OR HAVE A JURY TRIAL FOR ALL CLAIMS, EXCEPT AS EXPRESSLY OTHERWISE PROVIDED IN THIS ARBITRATION AGREEMENT. This Arbitration Agreement is intended to require arbitration of every claim or dispute that can lawfully be arbitrated, except for those claims and disputes which by the terms of this Arbitration Agreement are expressly excluded from the requirement to arbitrate.

Confidentiality

You agree not to use any technical, financial, strategic and other proprietary and confidential information relating to Karona24’s business, operations and properties, information about a User made available to you in connection with such User’s use of the Karona24 Platform, which may include the User’s name, pick-up location, contact information and photo (“Confidential Information”) disclosed to you by Karona24 for your own use or for any purpose other than as contemplated herein. You shall not disclose or permit disclosure of any Confidential Information to third parties, and you agree not to store separate and outside of the Karona24 Platform any Confidential Information obtained from the Karona24 Platform.

Relationship with Karona24

As a Driver on the Karona24 Platform, you acknowledge and agree that you and Karona24 are in a direct business relationship, and the relationship between the parties under this Agreement is solely that of independent contracting parties. You and Karona24 expressly agree that (1) this is not an employment agreement and does not create an employment relationship between you and Karona24; and (2) no joint venture, franchisor- franchisee, partnership, or agency relationship is intended or created by this Agreement. You have no authority to bind Karona24, and you undertake not to hold yourself out as an employee, agent or authorized representative of Karona24.

General

This Agreement shall be governed by the laws of the Republic of Mozambique without regard to choice of law principles. This Agreement sets forth the entire understanding and agreement between you and Karona24 with respect to the subject matter hereof and supersedes all previous understandings and agreements between the parties, whether oral or written.

If you have any questions regarding the Karona24 Platform, Karona24 Services, or Rideshare Services, please contact us.