Terms of Use

1. Introduction

These Terms of Use (“Terms”) govern your access to and use of the Omny and Omny Driver mobile applications (“Apps”) and related services provided by Omny Sweden AB (“Omny,” “we,” “us,” or “our”). Omny enables users to offer their own fares and negotiate trip conditions directly with drivers or fleets, allowing for flexible, user-defined pricing. By accessing or using our Apps, you agree to be bound by these Terms. Your use of the service is also governed by our Privacy Policy, which outlines how we collect, use, and protect your personal data.

2. Definitions

Rider: A user who requests transportation services via the Omny app.

Driver: A user who provides transportation services via the Omny Driver app and is linked to a business account (fleet). Drivers cannot operate independently and must be assigned to a registered fleet or business account.

Business Account Owner / Fleet Manager: An individual or Swedish-registered legal entity (such as an enskild firma or aktiebolag) that manages drivers and/or vehicles via the Omny Driver app. A business account owner may also operate as a driver.

Services: The functionalities and tools provided through the Omny and Omny Driver apps, including ride-hailing, fare negotiation, driver onboarding, fleet management, and payment processing.

3. User Eligibility

To use our Apps, you must:
• Be at least 18 years old.
• Have the legal capacity to enter into a binding contract.
• Provide accurate and complete registration information.

4. Account Registration and Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.

5. Services Provided by Omny

All transportation services are provided by independent contractors or registered business partners. Omny is not a transportation provider and does not employ drivers.

6. User Responsibilities

Riders:
• Ensure that all information provided is accurate.
• Comply with all applicable laws and regulations.
• Treat drivers with respect and refrain from unlawful or inappropriate behavior.

Drivers and Fleet Managers:
• Maintain all necessary licenses, permits, and insurance required by law.
• Comply with all applicable transportation laws and regulations.
• Provide services in a professional and courteous manner.

7. Payments and Pricing

Riders:
• Agree to pay the fare displayed in the app upon completion of a ride, as accepted during the negotiation process.
• Understand that fares may include applicable taxes, fees, surcharges, or cancellation-related charges.
• Authorize Omny to facilitate payment collection and to charge their selected payment method accordingly.

Drivers and Fleet Managers:
• Acknowledge that Omny facilitates payment processing on behalf of drivers and is not a direct payer.
• Understand that earnings will be disbursed by Omny within a reasonable timeframe following successful payment capture from the rider.
• Accept that the timing and frequency of payouts may vary depending on operational, technical, or financial considerations.
• Specific payout terms, including payout schedule or thresholds, may be communicated via the Omny Driver app or outlined in separate agreements with fleet managers.
• In the event of refunds, chargebacks, or payment reversals that occur after payout, Omny reserves the right to deduct the relevant amount from the Driver’s future earnings. If no future earnings are available, Omny may issue an invoice for the outstanding balance, which the Driver is obligated to pay.

8. Cancellations, No-Shows, and Refunds

When a rider requests a ride via the Omny app and a driver accepts the request, Omny may initiate a pre-authorization hold on the rider’s selected payment method. This hold confirms the availability of funds but does not constitute a charge.

8.1 Pre-Authorization and Capture

Upon trip acceptance:
• A temporary hold (authorization) may be placed on the rider’s card.
• This is not an actual charge; it is held for up to 7 days unless canceled or captured earlier.
• If the trip is completed, the full fare will be charged.
• If the trip is canceled within the permitted timeframe, the hold will be automatically released.

8.2 Cancellations by Riders

• Riders may cancel a ride request at any time before a driver accepts the request with no charge.
• If a rider cancels after a driver has accepted, a cancellation fee may apply depending on the timing and circumstances.
• The exact fee amount and grace period (if any) are displayed in the app prior to confirming the cancellation.
• Cancellation fees may vary based on trip type, location, or driver proximity.

8.3 Cancellations by Drivers

• Drivers may cancel a trip under certain conditions, such as rider no-shows, incorrect pickup details, or safety concerns.
• Riders will not be charged if the driver cancels before pickup, unless a cancellation fee is justified due to prolonged delays or location discrepancies.
• Omny reserves the right to determine whether a cancellation fee is warranted based on the specific situation.

8.4 No-Show Policy

• If a rider fails to appear at the designated pickup location without canceling, and the driver has waited for the required minimum wait time, a no-show fee may apply.
• The applicable fee and wait time threshold are displayed in the app when a no-show situation is detected.

8.5 Refunds

• If a rider is charged due to an error, service disruption, or poor experience, they may request a refund by contacting Omny Support.
• Refunds are reviewed on a case-by-case basis and are issued at Omny’s sole discretion.
• Approved refunds will be processed to the original payment method.
• Drivers acknowledge that if a refund or chargeback is issued after payout, the corresponding amount will be recovered from their future payouts or invoiced directly to them.

8.6 Driver Earnings in Case of Cancellations

• If a trip is canceled before completion and no fare is captured, drivers will not receive payment for that trip.
• In cases where cancellation or no-show fees are applied, drivers may receive a portion of that fee as compensation.
• Omny reserves the right to adjust payouts in cases of disputes or partial trip completion.

9. License and Intellectual Property

Omny grants you a limited, non-exclusive, non-transferable license to use our Apps in accordance with these Terms. All rights, title, and interest in and to the Apps and services remain with Omny.

10. Prohibited Conduct

You agree not to:
• Use the Apps for any unlawful purpose.
• Engage in any activity that interferes with or disrupts the Apps or services.
• Attempt to gain unauthorized access to any part of the Apps or services.

11. Suspension or Termination of Account

We reserve the right to suspend or terminate your account if you violate these Terms or engage in conduct that we determine to be inappropriate or harmful to the Omny community.

12. Disclaimers and Limitation of Liability

Omny provides the Apps and services on an “as is” and “as available” basis. We disclaim all warranties, express or implied. To the maximum extent permitted by law, Omny shall not be liable for any indirect, incidental, or consequential damages arising out of or in connection with your use of the Apps or services.

13. Changes to the Terms

We may update these Terms from time to time. We will notify you of any significant changes by posting the new Terms on our website or through the Apps. Your continued use of the Apps after such changes constitutes your acceptance of the new Terms.

14. Governing Law and Jurisdiction

These Terms are governed by the laws of Sweden. Any disputes arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of Sweden.

15. Contact Information

If you have any questions about these Terms, please contact us at:

Omny Sweden AB
Email: support@omnyapp.se
Org.nr: 559519-4100