Terms of Service

1. Introduction and Acceptance

Welcome to Trakxi. These Terms of Service ("Terms") govern your access to and use of the Trakxi platform, including our Customer Booking App, Driver App, Management Portal, and related services (collectively, the "Services"), provided by ZentPeople ("Company," "we," "our," or "us").

By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use our Services.

These Terms apply to all users of the Services, including travel business owners, fleet operators, drivers, and customers (riders). Additional terms may apply to specific features or services.

The Services are provided in compliance with the Information Technology Act, 2000, the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011, and the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, as amended from time to time.

2. Definitions

In these Terms, unless the context otherwise requires:

• "Account" means the account created by a User to access and use the Services.
• "Booking" means a request made by a Customer through the Platform for transportation services.
• "Business Day" means any day other than a Saturday, Sunday, or public holiday in India.
• "Completed Trip" means a Trip where the Customer has been transported to the designated drop-off location, the Driver has marked the trip as complete in the Driver App, and payment (if applicable) has been received or recorded.
• "Confidential Information" means any non-public information disclosed by one party to another, including business data, customer information, pricing, and technical specifications.
• "Content" means any text, images, data, or other materials uploaded, submitted, or transmitted through the Platform.
• "Customer" or "Rider" means an individual who books or uses transportation services through the Platform.
• "Driver" means an individual authorized by a Travel Business Owner to provide transportation services using the Driver App.
• "Driver App" means the mobile application provided by Trakxi for Drivers to manage rides.
• "Force Majeure" means any event beyond a party's reasonable control, including natural disasters, acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, epidemics, pandemics, or failures of telecommunications or power supply.
• "Material Change" means any modification to these Terms that materially affects User rights, obligations, or fees.
• "Platform" means the Trakxi software platform, including the Customer Booking App, Driver App, Management Portal, Admin App, and associated websites and APIs.
• "Services" means all services provided by Trakxi through the Platform, including software access, technical support, and related services.
• "Travel Business Owner" or "Business Owner" means an individual or entity that registers on the Platform to manage a fleet of vehicles and provide transportation services.
• "Trip" means a single journey from pickup to drop-off location as booked through the Platform.
• "User" means any person who accesses or uses the Platform, including Travel Business Owners, Drivers, and Customers.

3. Platform Description

3.1 What Trakxi Is

Trakxi is a Software-as-a-Service (SaaS) platform that provides fleet management and ride booking technology to travel business owners. Our platform includes:

• White-label Customer Booking App for passengers
• Driver App for accepting and managing rides
• Management Portal and Admin App for business owners

3.2 What Trakxi Is Not

4. User Types and Eligibility

4.1 Travel Business Owners

To register as a travel business owner, you must:

• Be at least 18 years of age
• Have legal authority to operate a transportation business
• Possess all required licenses, permits, and registrations
• Maintain valid commercial insurance coverage for your fleet
• Comply with all applicable local, state, and national laws

4.2 Drivers

Drivers using the platform must:

• Be at least 18 years of age (or minimum legal driving age in your jurisdiction)
• Hold a valid driving license appropriate for the vehicle type
• Be authorized to work as a driver by a registered travel business owner
• Pass any verification requirements set by the business owner
• Maintain a safe driving record

4.3 Customers (Riders)

Customers must:

• Be at least 18 years of age to book rides independently
• Provide accurate contact and pickup information
• Agree to pay for services as per the fare displayed

5. Fees and Payments

5.1 Free Services

The following are provided free of charge:

• White-label web booking app (on yourname.trakxi.com subdomain)
• White-label Android and iOS booking apps (setup free)
• Admin dashboard and management portal
• Driver app
• Unlimited vehicles, drivers, and trips
• SMS/OTP verification and Google Maps integration
• Reports and analytics

5.2 Commission Structure

Trakxi charges a commission of 3% or ₹4 per Completed Trip (as defined in Section 2), whichever is higher. A Trip is considered "Completed" when: (a) the Customer has been transported to the designated drop-off location, (b) the Driver has marked the trip as complete in the Driver App, and (c) payment has been received or recorded. The commission structure is as follows:

• Monthly commission from ₹0 to ₹4,999: 3% or ₹4 per Completed Trip (whichever is higher)
• After ₹4,999 monthly threshold: 3% or ₹4, capped at ₹20 per day
• Multi-day trips: Cap is ₹20 per day (e.g., 2-day trip has ₹40 cap)
• Commission is GST inclusive
• Threshold resets on the 1st of every month (based on trip completion date, not booking date)
• No commission on cancelled trips or trips disputed within 24 hours of completion

5.3 Mobile App Renewal (Year 2 Onwards)

Starting from the second year:

• Single mobile app (Android OR iOS): ₹2,999 + GST per year (waived if commission ≥ ₹29,999 in previous year)
• Both mobile apps (Android AND iOS): ₹4,999 + GST per year (waived if commission ≥ ₹49,999 in previous year)
• Web app, admin dashboard, and driver app remain free with no renewal

5.4 Developer Account Requirements

For mobile app publishing, you must create and maintain your own developer accounts:

• Google Play Console: $25 one-time fee (paid to Google)
• Apple Developer Program: $99 per year (paid to Apple)

This is required by Google Play and Apple App Store policies for white-label apps. Apps are published under your developer account for compliance purposes, but intellectual property and ownership of the app software remains with Trakxi/ZentPeople (see Section 12.1).

5.5 Fare Setting

Travel business owners set their own fares and pricing structures. Trakxi does not control or determine the transportation fares charged to customers.

5.6 Payment Methods

Trakxi supports multiple payment methods for your customers:

• Cash: Collected directly by driver
• UPI: Direct transfer to your account
• Online payments (Razorpay): Optional plugin connecting to your Razorpay account (~2% transaction fee paid to Razorpay)

5.7 Billing and Payment Terms

Commission billing works as follows:

• Billing period: 1st to last day of each month
• Invoice issued: By 2nd of the following month
• Payment due: By 10th of that month
• Payment methods: UPI or bank transfer (NEFT/IMPS)

5.8 Late Payment Policy

Late payment fees represent a genuine pre-estimate of administrative costs incurred by Trakxi in managing overdue accounts, including follow-up communications, account monitoring, and reconciliation efforts:

• 1-7 days overdue: Late fee of 2% of outstanding amount or ₹500, whichever is higher
• 8-14 days overdue: Warning notice + additional 2% late fee
• 15-29 days overdue: Service suspension (no new bookings) + continued late fee accrual
• 30+ days overdue: Account termination + outstanding amounts become immediately due
• Maximum late fee: Capped at 24% per annum of the principal outstanding amount

5.9 Tax Responsibilities

Travel business owners are responsible for:

• Ensuring accurate bank account details for settlements
• Managing their own tax obligations (GST, income tax, etc.)
• All prices quoted are exclusive of 18% GST unless otherwise stated
• GST invoices are provided for all payments (ZentPeople GSTIN: 33CNZPM0424L1ZL)

5.10 Pricing Changes

Trakxi reserves the right to modify its pricing, commission rates, and fee structures at any time. Any changes to pricing will be communicated to existing users at least 30 days in advance via email to the registered email address. Continued use of the Service after the effective date of pricing changes constitutes acceptance of the new pricing terms.

6. Responsibilities of Travel Business Owners

As a travel business owner using Trakxi, you are solely responsible for:

6.1 Legal Compliance

• Obtaining and maintaining all necessary business licenses and permits
• Complying with transportation regulations in your operating area
• Registering for and paying applicable taxes (GST, service tax, etc.)
• Following labor laws regarding your drivers (if employees)

6.2 Insurance

• Maintaining comprehensive commercial insurance for all vehicles
• Ensuring coverage includes passengers and third-party liability
• Keeping insurance documentation current and accessible

6.3 Driver Management

• Verifying driver credentials, licenses, and background
• Ensuring drivers meet all legal requirements
• Training drivers on safety and customer service
• Managing driver compensation and any employment obligations

6.4 Vehicle Safety

• Maintaining vehicles in safe, roadworthy condition
• Obtaining required fitness certificates and permits
• Conducting regular vehicle inspections and maintenance

7. Driver Responsibilities

Drivers using the Trakxi Driver App agree to:

• Maintain a valid driving license at all times
• Follow all traffic laws and safety regulations
• Treat customers with respect and professionalism
• Not be under the influence of alcohol or drugs while driving
• Keep the vehicle clean and well-maintained
• Accurately report trip information through the app
• Not discriminate against customers based on race, religion, gender, or destination
• Accept or decline rides in good faith
• Follow the designated route unless otherwise requested by the customer

8. Customer Responsibilities

Customers using the booking app agree to:

• Provide accurate pickup and drop-off locations
• Be present at the pickup location at the scheduled time
• Pay the fare as displayed at the end of the trip
• Treat drivers and their vehicles with respect
• Not engage in illegal activities during the ride
• Wear seatbelts where required by law
• Not carry prohibited or dangerous items
• Provide honest ratings and feedback

9. Cancellations

Cancellation policies are set by individual travel business owners. Generally:

• Customers may cancel bookings subject to the business owner's cancellation policy
• Cancellation fees may apply depending on timing and circumstances
• Drivers/business owners may cancel if customers are unreachable or significantly delayed
• Repeated cancellations may affect user ratings or account standing

10. Ratings and Reviews

• Users may rate and review each other after completed trips
• Ratings should be honest and based on actual experience
• Fake, malicious, or discriminatory reviews are prohibited
• Consistently low ratings may result in account restrictions
• Users may dispute unfair ratings through proper channels

11. Prohibited Activities

The following activities are strictly prohibited:

• Fraudulent bookings or false information
• Harassment, discrimination, or threatening behavior
• Attempting to circumvent the platform for direct payments
• Using the service for illegal purposes
• Unauthorized access to other users' accounts
• Manipulating ratings or reviews
• Copying, modifying, or distributing Trakxi's software
• Using automated systems to access the platform
• Impersonating another person or entity

12. Intellectual Property

All intellectual property rights in the Trakxi platform, including software, designs, trademarks, and content, are owned by ZentPeople or its licensors.

• Users are granted a limited, non-exclusive license to use the Services
• Travel business owners may display their own branding in their white-label apps
• Users may not copy, modify, reverse engineer, or distribute Trakxi software
• User-generated content remains owned by users, with a license granted to Trakxi for platform operations

12.1 Mobile App Ownership and Licensing

Regarding white-label mobile apps:

• The mobile app software, source code, and intellectual property are owned by Trakxi/ZentPeople
• Apps are published under your developer account solely for app store compliance requirements
• You are granted a license to use the app while your Trakxi subscription is active
• The apps require Trakxi backend services to function and cannot operate independently
• Trakxi handles all app updates and maintenance at no extra cost

13. Data Ownership and Export

Data generated through the platform is handled as follows:

• Business owners retain ownership of their customer and operational data
• Trakxi may use aggregated, anonymized data for platform improvement
• Data handling is governed by our Privacy Policy

13.1 Data Export

Upon account termination or upon written request, business owners may request export of their data:

• Data export requests must be submitted in writing to hello@trakxi.com
• Export will be provided in CSV format within 30 days of receiving the request
• Data export fee: ₹2,999 + GST (waived for accounts with more than 12 months of active service)
• Exported data includes: trip history, customer records, driver records, and financial summaries
• Data will be retained for 90 days after account termination, after which it may be permanently deleted

13.2 Security Incidents

A "Security Breach" means any unauthorized access to, acquisition of, or disclosure of personal data or Confidential Information that compromises the security, confidentiality, or integrity of such data.

13.2.1 Trakxi's Obligations

In the event of a Security Breach affecting your data, Trakxi shall:

• Notify you within 72 hours of becoming aware of the breach
• Provide details of the nature and scope of the breach
• Describe the types of data affected
• Outline the remedial measures taken or proposed to address the breach
• Provide a point of contact for further information
• Cooperate with any investigation or regulatory inquiry

13.2.2 Your Obligations

You agree to:

• Immediately notify Trakxi at security@zentpeople.com if you become aware of any actual or suspected security incident
• Maintain secure passwords and not share login credentials
• Keep your registered email address current for security notifications
• Cooperate with Trakxi in investigating and mitigating any security incident

13.2.3 Limitation

Trakxi shall not be liable for Security Breaches caused by: (a) your failure to maintain adequate security measures for your account credentials; (b) your use of the Services in violation of these Terms; (c) unauthorized access facilitated by your employees, contractors, or agents; or (d) third-party services or integrations not provided by Trakxi.

14. Warranties and Disclaimers

You acknowledge that the Platform is a technology tool and that Trakxi makes no representations regarding the quality, safety, or legality of transportation services provided by Travel Business Owners using the Platform.

15. Limitation of Liability

15.2 Maximum Liability

Subject to Section 15.4, our total aggregate liability for any and all claims arising from these Terms or your use of the Services shall not exceed the greater of: (a) the total fees you paid to Trakxi in the 3 months immediately preceding the event giving rise to the claim, or (b) ₹10,000 (Rupees Ten Thousand only).

15.3 Exclusions from Liability

IN NO EVENT SHALL TRAKXI BE LIABLE FOR ANY:

• Indirect, incidental, special, consequential, or punitive damages
• Loss of profits, revenue, business opportunities, or goodwill
• Loss of data or cost of procurement of substitute services
• Business interruption or loss arising from your inability to use the Services

15.4 Exceptions to Limitation

The limitations in Sections 15.2 and 15.3 shall NOT apply to:

• Trakxi's fraud, gross negligence, or willful misconduct
• Trakxi's infringement of your intellectual property rights
• Death or personal injury caused by Trakxi's negligence
• Any liability that cannot be excluded or limited under applicable law

15.5 Consumer Protection

Nothing in these Terms shall limit or exclude any rights that Customers may have under the Consumer Protection Act, 2019, or any other applicable consumer protection legislation that cannot be lawfully limited or excluded.

16. Indemnification

16.1 Your Indemnification of Trakxi

You agree to indemnify, defend, and hold harmless Trakxi, ZentPeople, and their officers, directors, employees, agents, and successors from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from or related to:

• Your use or misuse of the Services
• Your violation of these Terms
• Your violation of any applicable laws or regulations
• Your infringement of any third-party rights, including intellectual property rights
• Transportation services you provide or receive through the Platform
• Accidents, injuries, property damage, or death related to your transportation services
• Any Content you submit, post, or transmit through the Services
• Any dispute between you and any other User

16.2 Trakxi's Indemnification of You

Trakxi agrees to indemnify, defend, and hold harmless Travel Business Owners from and against any third-party claims arising from:

• Trakxi's infringement of any third-party intellectual property rights in connection with the Platform software (excluding any User Content or modifications made at your request)
• Trakxi's gross negligence or willful misconduct in providing the Services

16.3 Indemnification Procedure

The indemnified party shall: (a) promptly notify the indemnifying party in writing of any claim; (b) allow the indemnifying party to control the defense and settlement of such claim; and (c) provide reasonable cooperation at the indemnifying party's expense. The indemnifying party shall not settle any claim that admits liability or imposes obligations on the indemnified party without prior written consent.

17. Confidentiality

17.1 Confidential Information

Each party agrees to maintain the confidentiality of all Confidential Information received from the other party and shall not disclose such information to any third party except as expressly permitted under these Terms or with prior written consent.

17.2 Exclusions

Confidential Information does not include information that:

• Is or becomes publicly available through no fault of the receiving party
• Was known to the receiving party prior to disclosure
• Is independently developed by the receiving party without use of Confidential Information
• Is lawfully obtained from a third party without restriction
• Is required to be disclosed by law, regulation, or court order (with reasonable notice to the disclosing party)

17.3 Protection Measures

Each party shall protect Confidential Information using the same degree of care it uses to protect its own confidential information, but in no event less than reasonable care. This obligation shall survive termination of these Terms for a period of three (3) years.

18. Service Availability

We strive to maintain high availability but cannot guarantee uninterrupted service.

• Services may be temporarily unavailable for scheduled maintenance (with reasonable advance notice where practicable)
• We may modify or discontinue features with reasonable notice
• Force Majeure events (as defined in Section 2) may affect service availability
• We are not liable for losses due to service interruptions beyond our reasonable control

19. Account Termination

19.1 By You

You may terminate your account at any time by contacting us. Termination does not relieve you of obligations incurred prior to termination.

19.2 By Trakxi

We may suspend or terminate your account if you:

• Violate these Terms
• Engage in fraudulent or illegal activities
• Receive consistently poor ratings
• Fail to pay required fees
• Pose a safety risk to other users

19.3 Low Activity Policy (Mobile Apps)

For mobile apps specifically:

• If total commission paid is less than ₹2,999 (single app) or ₹4,999 (both Android and iOS apps) over any 3 consecutive months, your mobile app(s) may be suspended (app becomes non-functional for customers, no updates, support paused)
• Web app remains active regardless of activity
• You will be notified at least 15 days before any suspension
• To reactivate: Pay renewal fee of ₹2,999 + GST (single app) or ₹4,999 + GST (both apps)

19.4 No Lock-in

There is no lock-in period or cancellation fees. You may cancel your account at any time. Outstanding commission payments remain due upon termination.

20. Dispute Resolution

20.1 Between Users

Disputes between users (customers, drivers, business owners) should first be resolved directly between the parties. Trakxi may assist in mediation but is not obligated to resolve user disputes.

20.2 Informal Resolution

Before initiating any formal dispute resolution proceedings against Trakxi, you agree to first contact us at grievances@zentpeople.com and attempt to resolve the dispute informally for a period of at least thirty (30) days. Most disputes can be resolved quickly and amicably through informal negotiation.

20.3 Binding Arbitration

If the dispute is not resolved through informal negotiation within thirty (30) days, either party may initiate binding arbitration. Any dispute, controversy, or claim arising out of or relating to these Terms, or the breach, termination, or validity thereof, shall be settled by arbitration in accordance with the following terms:

• Governing Law: The Arbitration and Conciliation Act, 1996, as amended from time to time
• Number of Arbitrators: A sole arbitrator mutually appointed by the parties. If the parties fail to agree on an arbitrator within fifteen (15) days, either party may request the appointment from the competent court
• Seat and Venue: Erode, Tamil Nadu, India
• Language: English
• Costs: Each party shall bear its own costs initially. The arbitrator shall have discretion to allocate costs in the final award based on the outcome
• Confidentiality: All arbitration proceedings, including the award, shall be kept confidential
• Award: The arbitral award shall be final and binding on both parties. Judgment on the award may be entered in any court of competent jurisdiction

20.4 Exceptions to Arbitration

Notwithstanding Section 20.3, either party may seek:

• Injunctive or other equitable relief in any court of competent jurisdiction to prevent actual or threatened infringement of intellectual property rights
• Recovery of amounts due under these Terms in small claims court, if applicable

20.5 Class Action Waiver

TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND TRAKXI AGREE THAT ANY DISPUTES SHALL BE RESOLVED ON AN INDIVIDUAL BASIS AND NOT AS A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. If this class action waiver is found to be unenforceable, the entirety of this arbitration provision shall be null and void.

21. Governing Law

These Terms shall be governed by and construed in accordance with the laws of India, without regard to its conflict of law provisions. Subject to the arbitration provisions in Section 20, any disputes arising from these Terms shall be subject to the exclusive jurisdiction of the courts in Erode, Tamil Nadu, India.

22. Changes to Terms

22.1 Notice of Changes

We may modify these Terms from time to time. For Material Changes (as defined in Section 2), we will provide you with at least thirty (30) days' prior written notice before the changes become effective. We will notify you of changes by:

• Posting the updated Terms on our website
• Updating the "Last updated" date at the top of this document
• Sending notification via email to your registered email address for Material Changes
• Displaying a prominent notice in the Management Portal or Admin App

22.2 Your Options

If you do not agree to the modified Terms, you may:

• Terminate your account before the changes become effective without any penalty or early termination fee
• Request data export as per Section 13.1

Your continued use of the Services after the effective date of any changes constitutes your acceptance of the modified Terms. If you do not agree to the modified Terms, you must stop using the Services.

23. Severability

If any provision of these Terms is found to be unenforceable or invalid by a court of competent jurisdiction, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect. The invalidity of any provision shall not affect the validity of any other provision of these Terms.

24. Assignment

You may not assign, transfer, or sublicense your rights or obligations under these Terms without Trakxi's prior written consent. Any attempted assignment in violation of this section shall be null and void.

Trakxi may assign these Terms, in whole or in part, without your consent to: (a) an affiliate; (b) a successor in interest through merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets; or (c) any other entity with your prior notice. Upon any permitted assignment, the assignee shall assume all rights and obligations under these Terms.

25. Waiver

The failure of either party to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by the waiving party. A waiver on one occasion shall not be deemed a waiver on any subsequent occasion.

26. Notices

All notices required or permitted under these Terms shall be in writing and shall be deemed effectively given:

• To You: When sent to your registered email address, or when posted in the Management Portal or Admin App
• To Trakxi: When sent to hello@trakxi.com or when delivered by registered post to our registered address

You are responsible for keeping your contact information up to date. Notices sent to an outdated email address shall still be deemed effectively given.

27. Survival

The following sections shall survive termination or expiration of these Terms:

• Section 2 (Definitions)
• Section 5 (Fees and Payments) - with respect to amounts owed
• Section 12 (Intellectual Property)
• Section 13 (Data Ownership, Export, and Security Incidents)
• Section 14 (Warranties and Disclaimers)
• Section 15 (Limitation of Liability)
• Section 16 (Indemnification)
• Section 17 (Confidentiality)
• Sections 20-21 (Dispute Resolution and Governing Law)
• Sections 23-28 (General Provisions)

28. Entire Agreement

These Terms, together with our Privacy Policy and any other agreements expressly incorporated by reference, constitute the entire agreement between you and Trakxi regarding your use of the Services. These Terms supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Services.

29. Grievance Officer

In accordance with the Information Technology Act, 2000, and the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, we have appointed a Grievance Officer to address your concerns regarding data privacy, content, or any other grievances:

The Grievance Officer shall acknowledge your complaint within 24 hours and resolve it within 15 days from the date of receipt of the complaint.

For general inquiries unrelated to grievances, please use the contact information in Section 30.