Terms and Conditions of Use

RideBorder is a digital carpooling platform designed primarily to connect cross-border commuters, including commuters travelling between Switzerland and neighbouring countries.

RideBorder enables users to:

• create a driver and/or passenger profile;
• indicate regular commuting routes and schedules;
• find users travelling in the same or a similar direction;
• offer or request available seats;
• communicate regarding shared journeys;
• share certain journey costs;
• receive traffic, border or mobility information;
• use verification and safety-related features provided by the Platform.

RideBorder acts as an intermediary technology platform connecting users. Unless expressly stated otherwise, RideBorder does not itself provide passenger transportation, taxi, chauffeur, limousine or public transport services. The actual journey is provided by the individual driver independently of RideBorder.

RideBorder is intended primarily for genuine carpooling and commuting. A Driver should normally be making the journey for their own purposes and offer otherwise unused seats to other commuters travelling in the same or a similar direction.

Any amount contributed by Passengers is intended to represent a reasonable contribution toward journey-related costs, such as:

• fuel or electricity;
• tolls;
• parking;
• vehicle operating costs; and
• other reasonable expenses connected with the shared journey.

RideBorder must not be used to operate an unauthorised taxi, chauffeur or other professional passenger-transport business. Drivers are responsible for ensuring that their use of RideBorder and any payments received comply with applicable Swiss, Italian and other relevant laws, regulations, taxation rules, insurance conditions and licensing requirements.

To create an account and use RideBorder independently, you must generally be at least 18 years old and legally capable of entering into a binding agreement.

Drivers must additionally:

• possess a valid driving licence appropriate for the vehicle being used;
• have the legal right to drive the vehicle;
• ensure that the vehicle is legally registered;
• maintain all compulsory motor vehicle insurance;
• keep the vehicle in a safe and roadworthy condition;
• comply with applicable vehicle inspection requirements; and
• comply with traffic and passenger-transport laws applicable to the journey.

RideBorder may request documentation or other information to verify these requirements.

Users must provide accurate, complete and current information. Depending on the services being used, RideBorder may request verification through information such as:

• email address;
• mobile telephone number;
• employer or professional email address;
• identity information;
• driving licence;
• profile photograph;
• vehicle details; or
• other information reasonably necessary for trust, security or fraud prevention.

Verification by RideBorder does not constitute a guarantee that a User is trustworthy, safe, properly insured or legally authorised in every circumstance. Users remain responsible for exercising reasonable care when deciding whether to travel with another User.

You must not create a false identity, impersonate another person, provide fraudulent documents or permit another person to use your account.

Every Driver is solely responsible for the operation of their vehicle and the journey. Drivers must:

• comply with applicable road traffic laws;
• drive safely and responsibly;
• never drive while impaired by alcohol, drugs, medication or fatigue;
• ensure that all required insurance is valid;
• ensure that the number of passengers does not exceed the vehicle's authorised capacity;
• ensure that passengers use legally required seat belts or child-restraint systems;
• comply with applicable border and customs requirements;
• provide reasonably accurate departure and arrival information;
• inform Passengers as soon as reasonably possible of significant delays or cancellations; and
• refrain from requesting payments that would turn genuine cost-sharing into unauthorised commercial passenger transportation.

The Driver retains responsibility and control over the vehicle at all times. RideBorder does not employ Drivers and does not control how a Driver operates a vehicle.

Passengers must:

• behave respectfully toward Drivers and other Passengers;
• arrive at the agreed meeting point on time;
• comply with reasonable safety instructions given by the Driver;
• wear a seat belt whenever required;
• not distract or interfere with the Driver;
• not bring illegal or dangerous items into a vehicle;
• disclose oversized luggage or other relevant requirements before confirming a journey;
• pay any agreed cost contribution; and
• respect the Driver's vehicle and property.

A Driver may refuse or terminate a ride where a Passenger's behaviour reasonably creates a safety, legal or serious comfort concern.

RideBorder is designed to facilitate cross-border commuting. However, each User is individually responsible for satisfying all legal requirements applicable to crossing an international border.

Users are responsible for carrying any necessary:

• residence permit;
• cross-border worker permit;
• driving licence;
• vehicle documentation;
• insurance documentation;
• customs documentation; and
• other legally required documents.

RideBorder does not guarantee that any User will be admitted into Switzerland, Italy or another country. Any fines, penalties, delays, refused entry, customs consequences or other costs resulting from a User's failure to comply with border, immigration, customs or other legal requirements remain the responsibility of that User.

RideBorder may suggest Drivers and Passengers based on factors such as:

• origin and destination;
• commuting schedule;
• preferred meeting points;
• employer or workplace area;
• available seats;
• previous activity; and
• other matching criteria.

A suggested match is only a recommendation. RideBorder does not guarantee that:

• a match will be available;
• Users will accept a match;
• a Driver will arrive;
• a Passenger will appear;
• a journey will depart or arrive at a particular time; or
• Users will be compatible.

Users decide independently whether to accept a proposed carpool arrangement.

Where RideBorder provides payment or cost-splitting functionality, the Platform may calculate or facilitate a suggested contribution toward journey costs.

Payments may be displayed or processed in currencies including Swiss francs (CHF) and euros (EUR). Where currency conversion is required, exchange rates may fluctuate. The amount ultimately charged or received may therefore differ slightly from an earlier estimate.

Third-party banks, card providers, payment processors or financial institutions may charge additional fees. RideBorder may use third-party payment service providers to process transactions. RideBorder does not guarantee the availability of any specific payment method.

Unless expressly stated otherwise, amounts paid between Users are contributions toward shared journey expenses and are not intended to constitute a commercial passenger fare.

RideBorder may offer some services free of charge, including during promotional or pilot periods.

RideBorder may introduce subscriptions, service charges, booking charges, transaction fees or other paid features in the future. Any applicable RideBorder fee will be communicated before the User completes the relevant transaction or purchases the relevant service.

RideBorder will not retroactively charge Users for services that were expressly offered free of charge.

Users should cancel a planned journey as soon as they know they will be unable to participate.

Repeated late cancellations, unjustified no-shows or abuse of the booking system may result in warnings, reduced account privileges, temporary suspension or account termination.

RideBorder may introduce specific cancellation policies or cancellation charges for certain services. Where applicable, those conditions will be disclosed before booking.

RideBorder may provide estimated:

• traffic conditions;
• border waiting times;
• road conditions;
• suggested departure times;
• journey durations; or
• alternative routes.

Such information may originate from third-party data sources and may change rapidly. RideBorder does not guarantee the accuracy, completeness or real-time availability of this information. Users should comply with official traffic signs, police instructions, customs instructions and governmental information even where they differ from information displayed by RideBorder.

RideBorder may provide safety tools, emergency information, reporting features or an SOS function. These features are intended to provide additional assistance but do not replace official emergency services.

In an immediate emergency, Users should contact the competent police, ambulance, fire, roadside assistance or other official emergency service directly.

RideBorder cannot guarantee that an SOS request will always be received, transmitted or answered immediately because availability may depend on mobile coverage, internet connectivity, device functionality and third-party services.

RideBorder does not provide motor vehicle insurance to Users unless expressly stated otherwise.

Drivers are responsible for determining whether their motor vehicle insurance covers carpooling, passengers and cross-border journeys. Users should contact their insurer where they are uncertain about coverage.

RideBorder does not guarantee that any loss, accident, personal injury, vehicle damage, theft or other event will be covered by a Driver's or Passenger's insurance.

In the event of an accident, Users must prioritise personal safety and comply with applicable legal obligations. Where appropriate, Users should contact emergency services, police and their insurance provider.

Users should also report serious incidents connected with a RideBorder journey to RideBorder as soon as reasonably possible. RideBorder may cooperate with competent authorities and insurers where legally required or permitted.

Users must not use RideBorder to:

• commit or facilitate illegal activity;
• provide unauthorised commercial passenger transport;
• harass, threaten or discriminate against another User;
• submit false information or fraudulent documentation;
• manipulate payment or matching systems;
• create multiple accounts to circumvent restrictions;
• carry illegal goods or dangerous materials;
• use another person's account without permission;
• scrape, copy or extract Platform data without authorisation;
• introduce malware or attempt unauthorised access;
• misuse personal information obtained through RideBorder; or
• otherwise endanger another User or the integrity of the Platform.

RideBorder may immediately suspend accounts where it reasonably believes safety, fraud, unlawful activity or serious misuse is involved.

RideBorder may permit Users to rate or review one another. Reviews must reflect genuine experiences and must not contain unlawful, threatening, discriminatory, defamatory or intentionally misleading material.

RideBorder may remove content that violates these Terms or applicable law. RideBorder may investigate reports concerning unsafe or inappropriate behaviour but does not guarantee that every dispute can be independently verified or resolved.

Any agreement to share a journey is entered into directly between the Driver and Passenger. RideBorder is not a party to the transportation arrangement between Users except regarding services expressly supplied by RideBorder itself.

Drivers are not employees, agents, representatives or contractors of RideBorder merely because they use the Platform. Nothing in these Terms creates an employment, agency, partnership or joint-venture relationship between RideBorder and a User.

RideBorder aims to maintain a reliable Platform but does not guarantee uninterrupted availability. The Platform may occasionally be unavailable because of:

• maintenance;
• technical problems;
• network failures;
• cybersecurity incidents;
• third-party service failures;
• upgrades; or
• circumstances outside RideBorder's reasonable control.

RideBorder may modify, suspend or discontinue individual Platform features where reasonably necessary.

To the maximum extent permitted by applicable law, RideBorder is responsible only for its own acts and omissions and does not assume responsibility for the independent conduct of Drivers, Passengers or other third parties.

In particular, RideBorder does not guarantee:

• the conduct or identity of Users;
• the roadworthiness of a User's vehicle;
• a Driver's driving ability;
• the existence or extent of insurance coverage;
• completion of a journey;
• punctuality;
• compatibility between Users;
• uninterrupted border crossing;
• traffic or border waiting times; or
• the accuracy of information supplied by another User.

RideBorder shall not be liable for indirect or consequential losses arising from interactions between Users to the extent such exclusion is permitted by applicable law.

Nothing in these Terms excludes or restricts liability that cannot legally be excluded or restricted, including liability where exclusion is prohibited under mandatory Swiss law.

RideBorder processes personal data in accordance with its Privacy Policy and applicable data-protection legislation. Depending on how the Platform is used, this may include:

• identification information;
• contact details;
• verification information;
• driving licence information;
• vehicle information;
• employer verification;
• commuting routes;
• approximate or precise location information;
• booking and journey history;
• payment information;
• communications;
• device and technical information; and
• safety or incident reports.

Certain information may need to be shared with matched Users for the purpose of arranging a carpool. Users must not use information obtained through RideBorder for unrelated advertising, harassment, profiling or other unauthorised purposes. Further information is provided in the RideBorder Privacy Policy.

The RideBorder name, logo, software, website design, databases, text, graphics and other Platform materials are owned by or licensed to RideBorder / MO&KA IT Services and Business and are protected by applicable intellectual-property laws.

Users receive a limited, personal, non-exclusive and non-transferable right to use the Platform for its intended purposes. No ownership rights are transferred to Users.

RideBorder may warn, restrict, suspend or terminate an account where reasonably necessary, including where a User:

• seriously or repeatedly violates these Terms;
• creates a safety risk;
• provides false documentation;
• engages in suspected fraud;
• uses RideBorder for unlawful commercial transport;
• abuses other Users;
• fails verification requirements; or
• creates legal or security risks for RideBorder or its Users.

Where reasonably possible and appropriate, RideBorder may give the User an opportunity to provide an explanation. Users may stop using RideBorder and request account closure subject to applicable legal and data-retention requirements.

RideBorder may amend these Terms to reflect:

• new Platform functionality;
• changes in business operations;
• changes in payment services;
• safety requirements;
• legal or regulatory changes; or
• other reasonable operational requirements.

Material changes will be communicated through the Platform, by email or by another appropriate method. Continued use after updated Terms become effective constitutes acceptance where permitted by law. Where applicable law requires express consent to a change, RideBorder will request such consent.

RideBorder may integrate services supplied by third parties, including maps, navigation, payment processing, identity verification, communications and traffic-data providers.

Those third-party services may be subject to separate terms and privacy policies. RideBorder is not responsible for the independent operation of third-party services except to the extent required by applicable law.

These Terms are governed by Swiss law, subject to any mandatory consumer-protection or other legal provisions that apply to a User and cannot validly be excluded.

Subject to mandatory statutory jurisdiction rules, disputes concerning RideBorder or these Terms shall be submitted to the competent courts at the registered place of business of the operator of RideBorder in the Canton of Ticino, Switzerland.

Mandatory rights that Users may have to bring proceedings before another competent court remain unaffected.

If any provision of these Terms is held invalid, unlawful or unenforceable, the remaining provisions shall continue to apply. Where possible, the invalid provision shall be interpreted or replaced in a manner that most closely reflects its original lawful purpose.

These Terms, together with the Privacy Policy and any additional conditions expressly applicable to a particular RideBorder service, constitute the agreement between RideBorder and the User regarding use of the Platform.

Questions, complaints or legal notices concerning RideBorder may be directed to the operator of the Platform:

RideBorder — operated by MO&KA IT Services and Business, Switzerland.

• Website: rideborder.ch
• Email: info@rideborder.ch
• Registered office: Strada da Nuranch 32, 6915 Pambio-Noranco, Canton of Ticino, Switzerland
• Company identification number (UID): CHE-206.871.069

The operator's full registered business address and Swiss company identification number (UID) are set out above.