Version 1.0 | Effective Date: [INSERT DATE BEFORE LAUNCH]
Important Notice: These Terms of Service constitute a legally binding agreement between you and HeyCaby B.V. Read them carefully and completely before using the platform. By creating an account or using the HeyCaby application, you confirm that you have read, understood, and agree to be bound by these Terms.
Governing Law: These Terms are governed by the laws of the Netherlands. Any disputes shall be submitted exclusively to the competent courts of Rotterdam, the Netherlands.
Language: In the event of any conflict between the Dutch and English versions of these Terms, the English version shall prevail.
In these Terms of Service, the following definitions apply:
"HeyCaby" or "the Platform" means HeyCaby B.V., a private limited company incorporated under Dutch law, registered with the Kamer van Koophandel (KvK) under number [INSERT KVK NUMBER], with its registered address at [INSERT ADDRESS], the Netherlands.
"Platform Services" means the digital directory, communication tools, and profile management features made available by HeyCaby through its mobile application and any associated software.
"Driver" means any independent taxi operator who registers on the Platform as a driver to advertise their taxi services to Riders. Drivers must be licensed professional taxi operators under Dutch law.
"Rider" means any person who accesses the Platform to locate and contact available Drivers, whether or not they have created a registered account.
"Transport Agreement" means the direct contractual agreement formed exclusively between a Driver and a Rider for the provision of taxi transport services. HeyCaby is not a party to any Transport Agreement.
"Driver Profile" means the publicly visible profile a Driver creates on the Platform containing information about their vehicle, service area, rates, and availability.
"Chauffeurskaart" means the taxi driver's card (chauffeursbevoegdheid) issued by Kiwa Register on behalf of the Dutch government, as required under the Wet personenvervoer 2000 (WP2000).
"Taxivergunning" means the taxi transport licence (vergunning voor taxivervoer) issued by Kiwa Register on behalf of the Dutch government, as required under Article 76 of the Wet personenvervoer 2000.
"P-nummer" means the Personenvervoernummer assigned to a licensed taxi operator upon receipt of their Taxivergunning.
"Driver Access Fee" means the usage-based fee paid by Drivers to access Driver features of the Platform after the trial threshold is reached. Available plans are currently €10/day, €50/week, or €180/month (excluding VAT where applicable), subject to change as provided in Article 11.
"Content" means any information, text, images, data, or other material uploaded, posted, or transmitted by a User through the Platform.
"User" means any person — whether Driver or Rider — who accesses or uses the Platform.
"GDPR" means the General Data Protection Regulation (EU) 2016/679.
"DSA" means the Digital Services Act (EU) 2022/2065, the EU Regulation on a Single Market for Digital Services.
2.1 Directory and Communication Tool Only. HeyCaby operates exclusively as a digital directory and communication platform. HeyCaby enables licensed, independent taxi professionals to advertise their services and enables Riders to locate and contact those professionals. HeyCaby does not provide taxi transport services, does not employ Drivers, and does not act as a taxi operator, dispatcher, or transport company of any kind.
2.2 No Intermediary Role in Transport Agreements. HeyCaby is not a party to any Transport Agreement between a Driver and a Rider. All contractual obligations arising from a taxi journey — including obligations related to safety, pricing, timeliness, vehicle condition, professional conduct, and legal compliance — rest exclusively and entirely with the Driver as an independent professional.
2.3 Platform as Passive Directory. In accordance with Article 6:196c of the Dutch Burgerlijk Wetboek (Civil Code) and the relevant provisions of the Digital Services Act (EU) 2022/2065, HeyCaby functions as a passive information society service provider. HeyCaby transmits and stores information provided by Drivers and Riders but does not initiate the transmission, select the receivers, or select or modify the information transmitted.
2.4 No Verification of Driver Credentials. HeyCaby does not verify, authenticate, or guarantee the validity, currency, or authenticity of any licence, permit, certificate, insurance policy, or credential presented or declared by any Driver. This includes, without limitation, the Chauffeurskaart, the Taxivergunning, the P-nummer, vehicle insurance, and any other authorisation required under Dutch law to operate as a taxi driver or taxi company. Drivers are solely responsible for ensuring and maintaining the validity of all required credentials at all times.
2.5 Independent Contractors. Drivers are independent contractors and self-employed professionals (zelfstandigen zonder personeel, ZZP). No employment relationship, agency relationship, partnership, joint venture, or franchise relationship exists between HeyCaby and any Driver.
3.1 Driver Eligibility. To register as a Driver on the Platform, you must, at the time of registration and at all times during your use of the Platform:
3.2 Driver Self-Declaration. By completing your Driver registration and activating your Driver Profile, you make a legal declaration and warranty to HeyCaby and to all Riders who view your profile that you meet all eligibility requirements set out in Article 3.1 and that all information provided in your Driver Profile is accurate, complete, and current.
3.3 Ongoing Compliance Obligation. Your eligibility is not a one-time check. You are required to maintain compliance with all requirements in Article 3.1 for the entire duration of your use of the Platform. If any of your credentials expire, are revoked, are suspended, or otherwise cease to be valid, you are required to immediately deactivate your Driver Profile and cease advertising your services on the Platform until validity is restored.
3.4 Rider Access. Riders may access and use the Platform without creating an account. Riders may optionally create an account to access features such as ride history and invoicing. Riders must be at least 16 years of age to use the Platform. Riders under the age of 18 should have parental consent.
3.5 Account Security. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You must notify HeyCaby immediately if you become aware of any unauthorised use of your account.
3.6 One Account Per Person. Each Driver may hold only one Driver account. Creating multiple accounts for the same individual is prohibited and will result in the suspension of all associated accounts.
4.1 Legal Compliance. Drivers must at all times comply with:
4.2 Accuracy of Profile Information. Drivers must ensure that all information on their Driver Profile — including vehicle details, licence plate number, service area, pricing, and availability — is accurate, truthful, and current. Drivers must promptly update their Profile whenever any information changes.
4.3 Professional Conduct. Drivers must conduct themselves professionally and courteously at all times when interacting with Riders through or in connection with the Platform.
4.4 Pricing Transparency. Drivers set their own rates. Rates displayed on a Driver Profile must be the actual rates the Driver charges. Drivers may not engage in deceptive pricing practices, including charging rates that differ materially from those displayed on their Profile without prior agreement with the Rider.
4.5 Anti-Discrimination. Drivers must not refuse to provide services to any Rider on the basis of race, ethnicity, nationality, religion, gender, disability, sexual orientation, age, or any other characteristic protected under Dutch law, including the Algemene wet gelijke behandeling.
4.6 Non-Solicitation. Drivers may not use contact information or personal data obtained through the Platform to solicit Riders for services outside the Platform in a manner that undermines the Platform's purpose or violates applicable law.
4.7 Prohibited Conduct. Drivers must not:
5.1 Honest Use. Riders must use the Platform honestly and in good faith. Riders must not use the Platform to engage in any fraudulent, abusive, or unlawful conduct.
5.2 Respectful Conduct. Riders must treat Drivers with respect and must not harass, threaten, or abuse Drivers in any way.
5.3 Accurate Information. Where Riders provide information to the Platform (such as contact information or pickup location), that information must be accurate.
5.4 Direct Relationship. Riders acknowledge that their transport is provided by an independent Driver and that their contractual relationship for the transport service is exclusively with that Driver, not with HeyCaby.
6.1 User Content. You retain ownership of any Content you upload to the Platform. By uploading Content, you grant HeyCaby a non-exclusive, royalty-free, worldwide licence to use, display, reproduce, and distribute that Content solely for the purposes of operating and improving the Platform.
6.2 Content Standards. You must not upload Content that:
6.3 HeyCaby Intellectual Property. The Platform, including all software, design, trademarks, logos, and content created by HeyCaby, is protected by intellectual property law. You may not use, copy, modify, or distribute HeyCaby's intellectual property without express written consent.
6.4 Content Removal. HeyCaby reserves the right to remove any Content that violates these Terms or applicable law, in accordance with its obligations under the Digital Services Act.
7.1 No Uptime Guarantee. HeyCaby provides the Platform on an "as is" and "as available" basis. HeyCaby does not guarantee uninterrupted or error-free access to the Platform. HeyCaby may suspend, modify, or discontinue the Platform or any feature thereof at any time, with or without notice.
7.2 Maintenance. HeyCaby may take the Platform offline for maintenance. HeyCaby will endeavour to provide advance notice of planned maintenance but is not obligated to do so.
7.3 Modifications to the Platform. HeyCaby may add, modify, or remove features from the Platform at any time. Material changes that affect Driver access fees will be communicated with at least 30 days' notice.
8.1 Trial Threshold. New Driver accounts can start using Driver features without upfront payment. The trial ends when the first of these two events occurs: (a) 5 accepted rides; or (b) €100 in ride value recorded on the Platform.
8.2 Pay-as-you-go Plans After Trial. After the trial threshold is reached, continued access to Driver features requires selecting and paying one of the available plans: €10/day, €50/week, or €180/month (excluding VAT where applicable).
8.3 Payment Processing. Payments are processed by Stripe, Inc., a third-party payment processor. By paying for Driver access, you agree to Stripe's terms of service. HeyCaby does not store payment card details on its own servers.
8.4 Price Changes. HeyCaby may change Driver access fees. Changes will be communicated to Drivers by email and in-app notification at least 30 days before the new price takes effect. Continued use of the Platform after the effective date of a price change constitutes acceptance of the new price. If you do not accept the new price, you may cancel your Driver account before the effective date.
8.5 Cancellation. You may cancel your Driver access at any time through the Platform. Cancellation takes effect at the end of the currently paid access period. No refunds are provided for partial periods. Upon cancellation, your Driver Profile will be deactivated and you will lose access to Driver features at the end of the paid period.
8.6 No Refunds. Driver access fees are non-refundable except where required by mandatory applicable law.
8.7 Rider Services. Rider access to the Platform is free of charge. HeyCaby does not process payments for taxi journeys. Payment for taxi services is made directly between the Rider and the Driver.
8.8 VAT and Tax. Drivers are solely responsible for all tax obligations arising from their use of the Platform and from the taxi services they provide. HeyCaby may issue VAT invoices for Driver access fees where required by law. Driver access fees do not constitute income of the Driver; they are business tool costs that may be tax-deductible for ZZP drivers. Drivers should consult a tax adviser regarding their specific situation.
9.1 HeyCaby's Exclusion of Liability for Transport Services. To the maximum extent permitted by mandatory applicable law:
9.2 Platform Liability Limitation. To the maximum extent permitted by mandatory applicable law, HeyCaby's total aggregate liability to any User for any claims arising from or in connection with the Platform Services (as distinct from transport services) shall not exceed the total Driver access fees paid by that User in the three months preceding the claim.
9.3 Exclusion of Consequential Damages. To the maximum extent permitted by mandatory applicable law, HeyCaby is not liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, loss of data, loss of goodwill, or business interruption, arising from or in connection with the Platform or these Terms.
9.4 Mandatory Consumer Rights. Nothing in these Terms limits or excludes any liability that cannot be limited or excluded under mandatory Dutch law, including liability for death or personal injury caused by HeyCaby's own gross negligence or wilful misconduct, or any rights that consumers cannot be deprived of under Dutch consumer protection law.
9.5 Force Majeure. HeyCaby is not liable for any failure or delay in performance caused by circumstances beyond its reasonable control, including but not limited to acts of God, war, terrorism, pandemics, governmental actions, power failures, or telecommunications failures.
10.1 Driver Indemnification Obligation. Drivers agree to indemnify, defend, and hold harmless HeyCaby B.V., its directors, officers, employees, contractors, and agents ("HeyCaby Parties") from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or in connection with:
Note: The standalone Indemnification and Liability Declaration document, which Drivers sign separately at registration, sets out the full terms of this indemnification obligation.
11.1 HeyCaby's Right to Suspend or Terminate. HeyCaby may suspend or permanently terminate any User account, with or without prior notice, if:
11.2 Notice of Suspension. Where feasible and not precluded by law enforcement considerations, HeyCaby will notify a Driver before suspending their account and will provide a reasonable opportunity to respond. This obligation does not apply in cases of immediate safety risk or legal obligation.
11.3 User's Right to Terminate. You may terminate your account at any time through the Platform settings. Driver access fees already paid are non-refundable as provided in Article 8.6.
11.4 Effect of Termination. Upon termination of your account, your right to access the Platform ceases immediately. HeyCaby will retain and process your personal data in accordance with its Privacy Policy and applicable law.
12.1 Complaints. If you have a complaint about the Platform, please contact HeyCaby first at [INSERT SUPPORT EMAIL]. HeyCaby will make reasonable efforts to resolve complaints within 14 days.
12.2 Consumer Mediation. If you are a consumer and your complaint cannot be resolved directly with HeyCaby, you may have the right to submit your complaint to the Geschillencommissie (Dutch Disputes Committee) or other applicable consumer dispute resolution bodies, or to the European Online Dispute Resolution platform at https://ec.europa.eu/consumers/odr.
12.3 Driver Disputes. Disputes between HeyCaby and Drivers that cannot be resolved through good faith negotiation shall be submitted to the exclusive jurisdiction of the competent court in Rotterdam, the Netherlands.
12.4 Rider-Driver Disputes. Disputes between Riders and Drivers regarding taxi services are exclusively between the Rider and the Driver. HeyCaby is not a mediator and is not responsible for resolving such disputes. HeyCaby may, at its sole discretion, remove from the Platform a Driver who is the subject of multiple credible complaints from Riders.
12.5 Governing Law. These Terms are governed by Dutch law. The application of the UN Convention on Contracts for the International Sale of Goods is excluded.
13.1 Privacy Policy. HeyCaby processes personal data in accordance with its Privacy Policy, which forms part of these Terms and is available at [INSERT PRIVACY POLICY URL]. The Privacy Policy describes what data is collected, how it is used, how long it is retained, and the rights of Users under the GDPR.
13.2 Data Processing Role. HeyCaby is the data controller for personal data processed through the Platform. Drivers process personal data of Riders independently in their capacity as data controllers for the purposes of providing transport services. Drivers are solely responsible for ensuring their own data processing activities comply with the GDPR.
13.3 Rider Anonymity. Riders may use the Platform without providing their name or other personal identifying information. HeyCaby assigns anonymous session identifiers to Riders who do not create accounts.
14.1 Communications to Users. HeyCaby may communicate with Users by in-app notification, email (where an email address is provided), or push notification.
14.2 Communications to HeyCaby. Legal notices to HeyCaby must be sent in writing to: HeyCaby B.V., [INSERT ADDRESS], the Netherlands, or by email to [INSERT LEGAL EMAIL].
15.1 Entire Agreement. These Terms, together with the Privacy Policy and the Indemnification and Liability Declaration signed by Drivers, constitute the entire agreement between you and HeyCaby regarding the Platform and supersede all prior agreements.
15.2 Severability. If any provision of these Terms is found to be invalid, illegal, or unenforceable under applicable law, that provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable. All other provisions remain in full force and effect.
15.3 No Waiver. HeyCaby's failure to enforce any right or provision of these Terms does not constitute a waiver of that right or provision.
15.4 Assignment. HeyCaby may assign its rights and obligations under these Terms to a successor entity without your consent. You may not assign your rights or obligations under these Terms without HeyCaby's prior written consent.
15.5 Amendments. HeyCaby may amend these Terms at any time. Amended Terms will be communicated to Users by in-app notification and email (where available) at least 14 days before the amendments take effect. Continued use of the Platform after the effective date constitutes acceptance of the amended Terms. If you do not accept the amendments, you must stop using the Platform and terminate your account before the effective date.
15.6 Language. These Terms are available in English and Dutch. In the event of any discrepancy, the English version shall prevail.
HeyCaby B.V. — [INSERT KVK NUMBER] — [INSERT ADDRESS], Netherlands
Last updated: [INSERT DATE] — Version 1.0
Summary (Full policy available at [INSERT URL])
HeyCaby B.V. is the data controller for personal data processed through the HeyCaby platform. We process:
Driver data: Name, email address, KVK number, vehicle details, service area, rates, uploaded documents (taxi permit photo), push notification token. Legal basis: performance of contract (Article 6(1)(b) GDPR) and legal obligation (Article 6(1)(c) GDPR). Retention: for the duration of the account plus 7 years for tax and accounting obligations.
Rider data: Anonymous session token (UUID). No name, email, or other personally identifying information is collected from Riders unless they choose to register. Legal basis for registered Riders: consent (Article 6(1)(a) GDPR). Retention: session data retained for 12 months; account data retained for duration of account plus 2 years.
Communication data: Email addresses used to communicate with registered Users. Legal basis: legitimate interest (Article 6(1)(f) GDPR). Retention: 2 years from last login.
Your rights under the GDPR include: right of access, right to rectification, right to erasure, right to data portability, right to object, right to restriction of processing. To exercise your rights, contact: [INSERT PRIVACY EMAIL].
You have the right to lodge a complaint with the Dutch Data Protection Authority (Autoriteit Persoonsgegevens) at www.autoriteitpersoonsgegevens.nl.
Data is stored in EU data centres (Supabase, Frankfurt region). Data is not transferred outside the EEA without appropriate safeguards.