Terms and Conditions for TVDE Operators

1. CONTRACT IDENTIFICATION

These general terms and conditions constitute a legally binding contract (as better described below, the “Contract”) between TAPSi, a brand duly registered and operated under the supervision of TAPSi UNIP LDA, a commercial company registered in Portugal with the following details: market@tapsi.pt
The contract is concluded between TAPSi and the provider of individual passenger transportation services in an unmarked vehicle using an electronic platform (“TVDE Operator”). These terms govern the use of the TAPSi application, website, software, and TAPSi platform (all further defined below).
The use of TAPSi platform services by TVDE Operators depends on what is established in this contract and the acceptance of the terms and conditions described below.

2. DEFINITIONS

TAPSi App — smartphone application for drivers and passengers to request and receive transportation services.
TVDE Operator Account — access to a website containing information and documents related to the use of the TAPSi App in the context of the provision of Transportation Services. The TVDE Operator can access it via the link by entering the assigned username and password.
Driver Account — Driver portal subordinate to the TVDE Operator Account containing relevant information and documents regarding the Transportation Services provided by the Driver acting on behalf of the TVDE Operator. The Driver can access it via a link and/or via the TAPSi App, entering the assigned username and password.
TAPSi Accounts — TVDE Operator Account and/or Driver Account (as applicable).
Contract — the contract concluded between the TVDE Operator and TAPSi with a view to the use of the TAPSi Services, which consists of: (i) these Terms and Conditions (including the ANNEX); and (ii) other additional terms and conditions or documents expressly referred to in this Contract or which may come into force between the parties.
Transportation Services Contract — contract concluded between the TVDE Operator and the Passenger, which consists of collection, transportation and disembarkation at the exact locations specified by the Passenger, through the TAPSi App — and which is attached to these Terms and Conditions as ANNEX.
Driver — an individual who, in the service of the TVDE Operator, provides Transportation Services by driving the vehicle assigned to the Transportation Services after registration and through the use of the TAPSi Platform. Each Driver will have a personal Driver Account to use the TAPSi App and the TAPSi Platform.
TVDE Operator — company licensed to carry out the activity of individual paid passenger transport in TVDE, in Portugal, and which provides Transport Services.
In-App Payment — bank card, payment by mobile device and other payment methods used by the Passenger to pay for Transportation Services through the TAPSi App.
Passenger or User — person who requests Transportation Services through the use of the TAPSi Platform.
TAPSi Platform or Software — TAPSi technology comprising the TAPSi App, the Website and the software owned by TAPSi that allows the connection between Passengers and Drivers acting on behalf of the TVDE Operator.
Travel Price — price that the Passenger is obliged to pay to the TVDE Operator for the provision of the Transportation Services.
TAPSi Services — services that TAPSi provides, including the provision and maintenance of the TAPSi App, TAPSi Platform, payment methods through the TAPSi Platform, customer support, communication between TVDE Operators (through Drivers acting on their behalf) and Passengers, and other similar services.
Transportation Services — individual and paid passenger transport activity in TVDE that a TVDE Operator or a Driver acting on his behalf provides to a Passenger whose request was accepted through the TAPSi App.
Brokerage Fee — fee that the TVDE Operator agrees to pay to TAPSi to use the TAPSi Services, based on each Transportation Service provided, as per clause 8.
TVDE — transportation in an unmarked vehicle from an electronic platform.
Website — website located at http://www.TAPSi.pt.

3. TRANSPORTATION SERVICE

TAPSi provides the TAPSi Platform as a digital marketplace that allows Drivers acting on behalf of TVDE Operators to receive requests from Transport Service Users.
Transportation Services are provided to Users by the TVDE Operator as a company independent of TAPSi (through Drivers acting on behalf of the TVDE Operators). TAPSi does not provide Transportation Services to any party and is not a TVDE Transportation Services operator. Any employees of the TVDE Operator, including Drivers, will not be considered TAPSi employees.
When carrying out the activity on your own, the TVDE Operator will determine, at its sole discretion:
- whether and when you will use TAPSi Services; and
- whether, when and where the Transportation Services will be provided.
This Agreement does not imply exclusivity for the TVDE Operator. The TVDE Operator may provide transportation services independently of this Agreement and use other software services.
The TVDE Operator undertakes to pay the Intermediation Fee (clause 8).
TAPSi does not guarantee the submission of Users' requests nor does it act on their behalf; it merely connects TVDE Operators and Users.
Each transport service accepted by the Driver (on behalf of the TVDE Operator) constitutes an independent contract between the TVDE Operator and the User; TAPSi merely facilitates the conclusion (see clause 4).
Licensing and certifications (IMT/DRETT/SRTT) applicable to Operators and Drivers in accordance with Law No. 45/2018 and regional diplomas.
Responsibility of the TVDE Operator for compliance with the rules of access and exercise of the TVDE operator activity.
The TVDE Operator is responsible for ensuring certified Drivers (TVDE Driver Certificate), continuous validation, and identity verification via the TAPSi App. Failure to do so may result in suspension/cancellation of the Driver's account.
Transportation Services are carried out with vehicles registered on the TAPSi Platform and in compliance with Law No. 45/2018 (age, capacity, national registration, insurance, sticker, etc.). Replacements and changes must be updated and validated before use.
The TVDE Operator determines when to provide services and may accept/refuse/ignore requests, without prejudice to Article 8 of Law No. 45/2018. After acceptance, the service must be performed except in unforeseen circumstances.

4. CONTRACT BETWEEN THE TVDE OPERATOR AND TAPSi AND CREATION OF TAPSi ACCOUNTS

Creation of the TVDE Operator Account implies acceptance of the Contract; TAPSi may review/accept the request.
After acceptance, personal credentials to access the Software.
Credentials are exclusive and non-transferable; the Operator is responsible for their use and must report security breaches.
By clicking “Register”, the Operator declares and guarantees:
- legal eligibility to contract with TAPSi;
- reading, understanding and being bound by the Contract;
- accurate, correct and complete information;
- not authorize third parties to use the account, nor transfer it without authorization;
- not to use the Software for illegal purposes or for purposes that impair its operation;
- not to copy/distribute the Software without authorization;
- agreement with the Privacy Policy at https://TAPSi.pt;
- compliance with the legislation applicable to the TVDE operator in Portugal.
After the order, an email will be sent with additional conditions integrated into the Contract.
In the TVDE Operator Account, register Drivers/vehicles and submit documentation; TAPSi may refuse registrations. Drivers receive a personal Driver Account. Subcontracting is possible if legal and registration requirements are met; the Operator remains responsible.
Operator's liability towards TAPSi for violations caused by actions/omissions of its Drivers.
Operator and Driver Profile must be kept up to date.
Illegal/violating content may lead to removal, payment suspension, and service/account suspension/termination.
The Operator is solely responsible for the content posted. TAPSi may remove allegedly illegal content upon notice/order. In case of disagreement, use the internal complaints procedure.

5. GRANTING OF LICENSE

Non-transferable, non-sublicensable (except sublicense to Drivers to provide services), non-exclusive, revocable license to use TAPSi Services for the duration of the Agreement.
Software and content IP rights belong to TAPSi/licensors; unauthorized copying/distribution/decompilation is prohibited.
Copyright and IP are licensed, not sold; Operators do not acquire ownership.

6. TRANSPORTATION SERVICES (Additional Rules)

By accepting a User's request, you enter into a contract with the User; TAPSi is not party to this contract (except for legal joint and several liability).
International travel is not permitted; if undertaken, it falls outside the scope of the TAPSi Contract/Services.
Under the Transport Services Contract, the Operator undertakes to:
- comply with legislation/regulations and have the necessary licenses;
- provide services professionally and in accordance with best practices;
- maintain mandatory insurance (liability insurance, personal accident insurance, etc.);
- ensure vehicles are compliant for TVDE use;
- ensure Drivers comply with legislation;
- meet the requirements for accessing/exercising the TVDE activity (Law No. 45/2018).
Relationship with the User (additional costs, cancellations, insurance, etc.) under the Transport Services Contract; TAPSi is not a signatory party (except for legal joint and several liability).
Requests via the Platform must comply with the law, under the responsibility of the Operator and, if applicable, the Driver.
Passenger verification prior to service; in the event of an identification error resulting in an undue charge, TAPSi reimburses the User and the Operator does not receive the price.
Fraudulent behavior on the Platform is prohibited; it constitutes a material violation.
The service can be performed via a reasonable route; TAPSi does not impose routes.
Prohibited items (may justify refusal and reporting):
- firearms/parts/ammunition, bladed weapons, attack/defense articles;
- flammable/combustible/explosive/radioactive/ionizing substances, gases, infectious/poisonous/corrosive materials;
- drugs/psychotropic substances under special control;
- other objects prohibited by law or that require licenses/authorizations.

7. PRICE OF THE TRIP

The Operator may charge the Trip Price for each service mediated via the TAPSi App.
Price calculated based on variable factors: distance (GPS), duration, local market fluctuations and applicable taxes; may differ from the estimate.
Alternatively, there may be a pre-determined fixed price communicated before the service; this may become a variable price if there are changes (destination, duration, tolls, etc.).
Search can multiply the price by 0.1 to 2 according to the Software algorithm.
It is recalculated if there is a change of destination/route, unforeseen traffic, tolls, or in the “Private Driver” category (excess time or >60 km).
Private Driver: minimum 1 hour, maximum 2 hours; minimum charge = 1st hour. Thereafter, per-minute rate; for >60 km, additional per-km rate. Rates available in the app.
TAPSi provides an estimate and calculation formula before and during the trip, in accordance with Law No. 45/2018.

8. PAYMENT OF THE TRIP PRICE

Payment exclusively via In-App Payment (Law No. 45/2018). If no error is displayed, the Operator cannot charge an additional amount.
Mandate as a commercial agent: TAPSi receives In-App Payment and forwards it to the Operator; it may pay ANA parking fees on behalf of the Operator and charge the Passenger; these amounts are independent of the Intermediation Fee.
TAPSi is not responsible for failed payments due to reasons beyond its control.
Fare review: request via “request fare review” at the end of the trip and before confirmation; without a request, it is considered accepted.
Adjustments by TAPSi in case of irregularities/technical errors/fraud/substantiated complaints.
User fraud attempts — without TAPSi's liability when:
- distance > 110 km;
- final price > €50.00;
- “Private Driver” category with final price > € 60.00.
In such cases, collection may not be possible.

9. CANCELLATION AND DAMAGE FEES

Cancellation by the Passenger after the period defined in the App may generate a cancellation fee in favor of the Operator.
No-show by the Passenger after a defined period allows cancellation by the Driver and charging of the minimum fare.
Damage/cleaning: A cleaning fee and/or additional compensation may apply; TAPSi assists with recovery without assuming liability for damages.
Cleaning fee up to €120.00, subject to proof and review by TAPSi.

10. TAPSi INTERMEDIATION FEES

The Operator pays an Intermediation Fee for each transaction resulting from the use of TAPSi Services.
Percentage communicated by email/App/Account; may change (max. 25% as per Law no. 45/2018) with prior notice.
Deduction of the fee when transferred to the Operator (see 9.1).
There is no fee for services provided outside the Platform.
Dynamic rates may vary (supply/demand, trip characteristics, campaigns), within the legal limit. Payment by the 5th of the following month.
Interest on arrears: 10.5% per year, accrued daily and calculated quarterly.

11. PAYMENT METHODS

Payment is due by the 4th day of the following week; the Intermediation Fee is deducted. Revisions may delay payment.
Disputed amounts may be withheld until resolution.
If the fee due exceeds the In-App Payments for the week, the Operator pays the remainder within 7 days (or it is deducted from future payments).

12. BILLING MANDATE

TAPSi is authorized to issue invoices to Passengers in the name and on behalf of the Operator, after each service.
Operator must keep tax data up to date (VAT, NIF, name, address) and communicate changes within 48 hours.
Invoices made available to the Operator and sent to the User; 72 hours for observations/disputes.
The Operator remains responsible for all tax/VAT obligations.
Operator Invoices to TAPSi: TAPSi Operations.

13. PAYMENT REPORTS

The Operator can consult, in the Account, weekly reports of In-App Payments and Intermediation Fees retained.

14. USER REVIEWS

Passengers can rate trips and Drivers; ratings can be displayed to the Operator and potential Users.
TAPSi provides assistance and guidance to maintain good feedback; execution is defined by the Operator.
User evaluation is prohibited.

15. MONITORING

TAPSi may monitor metrics to ensure compliance and integrity of the Platform, providing relevant data to the Operator (including the Account) and informative notifications.

16. DISPUTES BETWEEN THE TVDE OPERATOR AND THE USER

Any disputes must be resolved directly between the User and the TVDE Operator.

17. MARKET INFORMATION AND MARKETING CAMPAIGNS

Sending market information via App/Account/SMS/email; for informational purposes only.
Promotional campaigns may be made available; rules communicated via App or other means.
Passenger Campaigns: If there is a reduction in the Trip Price, TAPSi compensates the Operator for the benefit amount. The compensation may be applied to the Intermediation Fee.

18. LIABILITY

TAPSi Services/Software/App/Accounts are provided “as is”; with no warranties other than those legally required; there is no guarantee of service orders.
TAPSi is not responsible for damages/losses (material, lost profits, business, data, etc.), within the legal limits.
Effort to remove unwanted Users, without responsibility for their actions/inactions.
Compensation to TAPSi for legal or contractual violations relating to the Transport Services.
Comprehensive compensation for use of the Software/App/Accounts/Services and provision of services.
Tax responsibilities are the Operator's; compensation for tax non-compliance.
Compensation for labor claims/employee status related to the provision of services.
Sharing of tax information in accordance with Directive (EU) 2021/514.
Lack of tax information may lead to cancellation/prevention of registration and withholding of payments.
The Operator must ensure legal compliance by Drivers (licenses, insurance, consumer protection, etc.).

19. PROCESSING OF PERSONAL DATA

TAPSi and Operator maintain separate processing and comply with the GDPR and the Privacy Policy (https://TAPSi.pt).
Immediate mutual information about incidents/violations.
Reasonable assistance with requests from data subjects/authorities.

20. DURATION AND TERMINATION

In force since the creation of the TVDE Operator Account.
Termination by the Operator with at least 30 days’ notice (email: info@TAPSi.pt).
Termination by TAPSi with 30 days' notice and justification; possibility of internal complaint.
Legal obligation to block in cases of non-compliance with Law No. 45/2018; possibility of immediate termination/suspension for material violation or damage to image.
Imperative reasons for immediate termination: account lending/fraudulent behavior; lack of documentation; violence/criminal offense against Passenger or TAPSi worker.
Immediate termination if there is a legal/regulatory obligation or mandatory right under EU law.
Immediate suspension (total/partial) during investigation for suspected violation/damage to reputation/security/fraud; communication of reasons and possibility of clarification.
Upon termination, rights cease; certain sections remain in force (4.2, 4.3, 10, 11, 12, 15 and 17).
Right to object to terminations/suspensions via the internal complaints system: https://TAPSi.eu/en/legal/.
Suspension of processing of manifestly unfounded notices/complaints, considering:
- monthly absolute number of unfounded items/warnings;
- proportion to the total presented;
- severity of misuse;
- intention (if applicable) of the author to make unfounded allegations.
If suspended/rescinded in the transport app, it can also be suspended/rescinded in the delivery app.

21. CHANGES

TAPSi may amend Contract documents.
15 days' notice, except:
- legal/regulatory obligation that prevents notice;
- imminent risk (fraud, malware, spam, data breach, cybersecurity);
- waiver of notice by the Operator.

22. APPLICABLE LAW AND JURISDICTION

Portuguese law.
Disputes resolved through negotiation; failing that, Portuguese courts.

23. CONTACT INFORMATION

The Operator must keep contacts up to date and notify changes.
TAPSi contacts available on the website.

24. FINAL PROVISIONS

TAPSi may assign obligations to entities under its direct/indirect control.
If any provision is unenforceable, it shall be replaced by an equivalent provision; failure to enforce it shall not constitute a waiver.
The Operator may not assign the Contract without express provision.
Notifications are considered received depending on the means: in person, delivery service, registered mail, TAPSi Accounts or email (with confirmation/error rules).

ANNEX — Transportation Services Contract

Contract between User (“Passenger”) and TVDE Operator for Transportation Services requested via the TAPSi App. TAPSi is a facilitating platform; it does not provide transportation, although it is jointly and severally liable for the legal obligations of this contract. Licensed Operators (IMT/DRETT/SRTT) — the User contracts directly with the Operator.

TVDE Operator Obligations

Ensure transportation of the User from the collection point to the destination (except in the event of significant unforeseen circumstances).
Determine when to provide services (accept/decline/ignore), respecting legal refusal rules.
Provide services via the TAPSi App in compliance with legislation (national/regional/municipal/international), including TVDE driver licenses.
Keep Drivers registered in the TAPSi App.
Provide services professionally and according to best practices.
Ensure mandatory insurance (including passengers and losses) at the legal minimum.
Ensure vehicles registered in the App and compliant with TVDE.
Comply with the provisions of the TAPSi–Operator Contract (price, payment, billing).
Do not transport prohibited items (weapons, dangerous substances, drugs, objects prohibited by law); may refuse service to the unauthorized possessor.

User Conditions

The Trip Price is due for each service mediated by the TAPSi App.
Price calculated by variable factors (distance, duration, local market, rates) or predetermined fixed price communicated in the App.
Demand can multiply the price by 0.1 to 2.
Price may change due to change of destination, substantial lengthening, external factors (traffic/tolls), or rules of the “Private Driver” category.
"Private Driver": minimum 1 hour, maximum 2 hours; minimum = 1 hour; then per minute; >60 km incurs an additional fee. Rates visible in the app.
Payment exclusively via In-App Payment; no error displayed, no separate charge.
TAPSi is not obliged to pay the Operator when the In-App Payment fails for reasons beyond its control.
TAPSi may adjust the price due to irregularity/technical error/fraud/substantiated complaint.
TAPSi is not responsible for User fraud on trips: (i) > 100 km; (ii) final price > €60.00.
Disputes between the User and the Operator are resolved between the parties.

The Transport Services Contract is governed by Portuguese law.