Regulamin kierowcy

1. These terms of service (hereinafter: the “Terms of Service”) set out the rules and conditions for the use by Drivers of the “JOLO” application operating at the website “jolo.delivery” and through the Mobile App, as well as of other services provided by the Service Provider to Drivers.

2. The App is an intermediary platform that enables Customers to order goods carriage services and Drivers to accept and perform such orders through the App.

3. The Terms of Service constitute the terms of service referred to in Article 8 of the Act of 18 July 2002 on the Provision of Services by Electronic Means (hereinafter: the “Act on the Provision of Services by Electronic Means”).

4. The service provider is JOLO sp. z o.o., with its registered office in Warsaw at ul. Tadeusza Czackiego 15/17, 00-043 Warsaw, entered in the register of entrepreneurs of the National Court Register kept by the District Court for the Capital City of Warsaw in Warsaw, 12th Commercial Division of the National Court Register, under KRS number: 0001237122, REGON: 544609790, NIP: 5253087910, share capital: PLN 50,000 (hereinafter: the “Service Provider”).

5. The Service Provider may be contacted by means of:

1) e-mail – at: admin@jolo.delivery;

2) regular mail – at: ul. Tadeusza Czackiego 15/17, 00-043 Warsaw.

6. In accordance with Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on a Single Market for Digital Services and amending Directive 2000/31/EC (Digital Services Act) (hereinafter: the “DSA”), the Service Provider has designated a contact point for direct communication with the authorities of the EU Member States, the European Commission, the European Board for Digital Services and Users of the App in matters covered by the DSA. The contact point is available at: admin@jolo.delivery.

7. The information about the services provided by the Service Provider that is available in the App, in particular their descriptions, technical and functional parameters and prices, constitutes an invitation to conclude a contract within the meaning of Article 71 of the Act of 23 April 1964 – the Civil Code (hereinafter: the “Civil Code”).

8. Before starting to use the App, the Driver is obliged to read the Terms of Service (together with the annexes) and the Privacy Policy.

9. These Terms of Service apply to Drivers. The rules for the use of the App by Customers are set out in separate Customer Terms of Service, available at: https://jolo.delivery/regulamin.

10. The Service covers exclusively domestic carriage performed by vehicles with a gross vehicle weight not exceeding 3.5 t, within an area comprising the Capital City of Warsaw and the territory within a radius of 50 (fifty) km from its administrative boundaries (hereinafter: the “Service Area”). The Service Area is determined by the App; the App does not accept addresses located outside the Service Area, subject to § 7, para. 6 of the Customer Terms of Service.

11. The Terms of Service apply exclusively to Drivers that are entrepreneurs. The App Service is not provided to consumers. By concluding the Agreement for the Provision of the App Service, the Driver declares that it concludes that agreement directly in connection with the business activity it conducts and that the agreement is of a professional nature for the Driver, which follows in particular from the subject matter of the business activity it conducts.

§ 2.

Definitions

Capitalized terms used in the Terms of Service have the following meanings:

1) Driver Administrator – a natural person authorized by the Driver to act on the Driver’s behalf in the App, in particular to submit offers, accept Transport Orders and assign Carriers and Vehicles to accepted Transport Orders; the Driver may designate more than one Driver Administrator;

2) App – an intermediary platform that enables Customers to order goods carriage services and Drivers to accept and perform such orders through the App;

3) Mobile App – the JOLO mobile application intended for Drivers, available for the iOS and Android systems;

4) Price List – the document available at https://jolo.delivery/cennik setting out the amount of the fees related to the use of the App, which does not form an integral part of the Terms of Service and is subject to amendment under a procedure separate from the amendment of the Terms of Service;

5) Finalization – confirmation of the performance of a Transport Order, made in accordance with § 7, para. 13 of the Customer Terms of Service; upon Finalization, the distribution of funds referred to in § 9, para. 3 of the Terms of Service takes place;

6) Driver – a User that is an entrepreneur within the meaning of Article 4 of the Act of 6 March 2018 – the Entrepreneurs’ Law and that, following the successful completion of Verification, accepts and performs Transport Orders in person or through Carriers;

7) Civil Code – the term defined in § 1, para. 7 of the Terms of Service;

8) Account – a panel created in the App’s IT system that enables the Driver to use the App’s functionalities;

9) List of Prohibited Shipments – the list of items excluded from carriage within the App, constituting Annex 1 to the Terms of Service, available at https://jolo.delivery/lista-przesylek-zabronionych;

10) Invoicing Module – a functionality of the App that enables invoices documenting the performance of Transport Orders to be issued automatically in the name and on behalf of the Driver and to be sent to the National e-Invoicing System, on the terms set out in § 10 of the Terms of Service;

11) Non-conformity – the non-conformity of the App Service with the Agreement for the Provision of the App Service, in particular the absence of the functionalities, features or availability of the Service indicated in the Terms of Service;

12) Review – a Customer’s review of the App Service or of a transaction concluded with a Driver, comprising a description of the Customer’s experience relating to the use of the aforementioned services;

13) Carrier – a natural person driving the Vehicle in the performance of a Transport Order: the Driver in person, where the Driver is a natural person, or a person that the Driver uses in the performance of a Transport Order and for whom the Driver is liable as for its own acts;

14) Vehicle – a vehicle reported by the Driver in the course of Verification and used to perform Transport Orders;

15) Privacy Policy – the document containing information on the processing of Users’ personal data by the Service Provider;

16) Commission – the remuneration due to the Service Provider for making the App and its functionalities available, calculated as a percentage of the value of the Transport Order, in the amount set out in the Price List, included in the price of the Transport Order;

17) Shipment – the goods that are the subject of a Transport Order, together with their description (dimensions, weight, nature) provided by the Customer in the App;

18) Terms of Service – the term defined in § 1, para. 1 of the Terms of Service;

19) Customer Terms of Service – the terms of service referred to in § 1, para. 9 of the Terms of Service;

20) Cancellation Fee – the amount due to the Driver in the cases set out in § 9 of the Customer Terms of Service, in the amount indicated in the Price List, covered from the funds paid by the Customer;

21) Stripe – the payment system operated by Stripe Payments Europe, Ltd., through which Transport Orders are settled;

22) Tariff – a category of Vehicle distinguished by the volume of its cargo space, set out in the Price List, selected by the Customer when placing a Transport Order;

23) User Content – all data (including personal data), electronic files, information and materials saved by the Driver in the Account;

24) Agreement for the Provision of the App Service – the agreement under which the Service Provider undertakes to provide the App Service to the Driver; the creation of an Account is a condition for its conclusion;

25) KSeF Authorizations – the entity-level authorizations to issue and view invoices, granted to the Service Provider by the Driver in the National e-Invoicing System, for the Service Provider’s NIP number;

26) App Service, Service – the service consisting in the Service Provider enabling the Driver to use the App’s functionalities;

27) Service Provider – the term defined in § 1, para. 4 of the Terms of Service;

28) Act on the Provision of Services by Electronic Means – the term defined in § 1, para. 3 of the Terms of Service;

29) User – a Customer or a Driver;

30) Verification – the procedure for checking the Driver, the Vehicle and the documents, referred to in § 6 of the Terms of Service;

31) Customer – a User that uses the App in order to place a Transport Order and order the carriage of a Shipment, as an end User;

32) Express Order – a Transport Order performed immediately after its conclusion, accepted by Drivers on a first-come, first-served basis, concluded at the price proposed by the App or at the price resulting from the Driver’s offer accepted by the Customer;

33) Scheduled Order – a Transport Order performed at a specified time or within a specified time slot, in respect of which the Customer selects from among the offers submitted by Drivers within 24 (twenty-four) hours of its posting;

34) Transport Order – a contract of carriage within the meaning of Article 774 of the Civil Code and of the Act of 15 November 1984 – the Transport Law, concluded through the App between the Customer and the Driver, on the terms set out in the Terms of Service, the Customer Terms of Service and the information indicated in the course of its conclusion in the App.

§ 3.

Technical requirements

1. In order for the Driver to properly use the services provided by the Service Provider through the App, the following are necessary:

1) a connection to the Internet;

2) a mobile device running the Android or iOS operating system, in a version supported by the Mobile App as indicated in the description of the Mobile App in the app store;

3) installation of the Mobile App and an active geolocation (GPS) service on the mobile device;

4) the use of a web browser that enables hypertext documents linked on the Internet through the WWW network service to be displayed on the device screen and that supports the JavaScript programming language and accepts cookies;

5) an active e-mail account.

2. Within the App, Users are prohibited from using viruses, bots, worms or other computer code, files or programs (in particular scripts and applications that automate processes, or other code, files or tools).

3. The Service Provider informs that it uses cryptographic protection of electronic transfers and digital content by applying appropriate logical, organizational and technical measures, in particular in order to prevent third parties from accessing data, including through SSL encryption and the use of access passwords and of antivirus or anti-malware programs.

4. The Service Provider informs that, despite the safeguards referred to in para. 3 above, the use of the Internet and of services provided by electronic means may be exposed to the risk of malicious software reaching the User’s IT system and device, or of third parties gaining access to the data stored on that device. In order to minimize that risk, the Service Provider recommends the use of antivirus programs or of measures protecting identification on the Internet.

§ 4.

General rules for the use of the Services

1. The rules on the fees for the Driver’s use of the App, including the amount of the Commission, are set out in the Price List.

2. The Driver is obliged to use the App in a manner consistent with generally applicable laws, the provisions of the Terms of Service and good practice.

3. The App enables Users to conclude a Transport Order (a contract for the carriage of Shipments) by making the relevant App functionalities available for that purpose.

4. The Service Provider is not a carrier, a transport organizer or an intermediary in the carriage of goods, and is not a party to a Transport Order. The Service Provider makes available solely the App, which enables Users to make contact and conclude a contract of carriage between themselves. The Service Provider does not assign Transport Orders, whether automatically or by a decision of its administrator; Transport Orders are presented to all Drivers that meet the conditions for their performance, and the choice of a Transport Order rests solely with the Driver. The foregoing does not limit the Driver’s right to designate, on its own, the Carrier and the Vehicle for the performance of a Transport Order it has accepted; that act constitutes the Driver’s internal work organization and does not constitute the assignment of a Transport Order by the Service Provider.

5. The Service Provider does not provide any form of custody, warehousing or storage services in respect of Shipments.

6. The provision of unlawful content by a User is prohibited.

7. A User that uses the services provided by the Service Provider is obliged to provide only data (including personal data) that reflects the actual state of affairs. The Service Provider is not liable for the consequences of a User providing untrue or incomplete data.

8. One User may create only one Account in the App per e-mail address.

9. The conclusion of the Agreement for the Provision of the App Service requires the registration of an Account.

10. The Service Provider informs the Driver of updates to the Mobile App, including updates necessary to keep the Service in conformity with the Agreement for the Provision of the App Service, through the app store or a message in the Mobile App. The Driver should install updates promptly after they are made available.

11. A breach of the Terms of Service includes, in particular:

1) the provision of unlawful content by a User;

2) the use by a User of the Service and its functionalities in a manner inconsistent with their intended purpose;

3) the provision by a User of untrue or incomplete data;

4) the creation by a User of more than one Account using the same e-mail address;

5) the performance of a Transport Order covering items indicated in the List of Prohibited Shipments.

12. Where a breach of the Terms of Service is established, the Service Provider may call upon the Driver to remedy it and set a deadline for that purpose of no less than 7 (seven) days.

13. If the Driver fails to remedy the breach of the Terms of Service, the Service Provider is entitled to block access to the App until the breach referred to in para. 12 is remedied.

14. All statements, demands, notices and information referred to in the Terms of Service may be communicated by e-mail, unless a specific provision of the Terms of Service provides otherwise.

15. The Driver may change its status in the Mobile App to “offline” at any time. Setting the status to “offline” means that the Driver does not receive proposals for new Transport Orders; it does not, however, release the Driver from the obligation to perform Transport Orders already accepted.

§ 5.

Agreement for the Provision of the App Service

1. Under the Agreement for the Provision of the App Service, the Service Provider enables the Driver to use, among others, the following App functions:

1) viewing and accepting Transport Orders;

2) submitting offers in respect of Scheduled Orders;

3) receiving notifications about the status of Transport Orders;

4) settling Transport Orders through Stripe;

5) data storage.

2. The Driver’s Account is created by the Service Provider following the successful completion of Verification, on the basis of the data and documents provided in accordance with § 6 of the Terms of Service.

3. After the Account has been created, the Service Provider sends the access credentials to the Driver at the e-mail address indicated by the Driver. Upon first logging in, the Driver makes declarations concerning:

1) having read the Terms of Service together with the annex and the Privacy Policy, and accepting their provisions;

2) the granting of the authorization referred to in § 10, para. 2 of the Terms of Service.

4. The Agreement for the Provision of the App Service is concluded upon the submission of the declarations referred to in para. 3. Until they are submitted, the Driver may not use the App’s functionalities.

5. The acceptance and performance of Transport Orders additionally require all of the following:

1) the Driver’s registration in the Stripe payment system referred to in § 9 of the Terms of Service and the successful completion of the identity verification conducted by Stripe in accordance with that operator’s rules;

2) the granting to the Service Provider of the KSeF Authorizations referred to in § 10 of the Terms of Service.

6. The Driver obtains access to the Account immediately after the conclusion of the Agreement for the Provision of the App Service.

7. The Agreement for the Provision of the App Service is concluded for an indefinite term.

8. The Driver may terminate the Agreement for the Provision of the App Service subject to a 7-day notice period, by deleting its Account in the App on its own or by instructing the Service Provider to delete its Account, by sending the relevant information to the address indicated in § 1, para. 5, point 1 of the Terms of Service.

9. The Driver’s withdrawal from or termination of the Agreement for the Provision of the App Service, irrespective of the basis for that action, is effected by submitting to the Service Provider a declaration of withdrawal from or of termination of the Agreement for the Provision of the App Service. The declaration referred to in the preceding sentence may be sent by e-mail to the address indicated in § 1, para. 5, point 1 of the Terms of Service.

10. Where the Driver breaches the provisions of the Terms of Service and fails to remedy that breach despite receiving the demand referred to in § 4, para. 12 of the Terms of Service, the Service Provider may terminate the Agreement for the Provision of the App Service by submitting to the Driver a notice of termination by e-mail, together with a statement of reasons indicating the factual circumstances and the provision of the Terms of Service constituting the basis for the termination. The notice period is 7 (seven) days.

11. Upon expiry of the notice period, the Service Provider ceases to provide the App Service. During the notice period, the Service Provider may block the Driver’s access to the App Service if this is necessary in order to prevent further breaches; the Service Provider informs the Driver of the blocking of access, together with a statement of reasons, no later than at the time it is applied.

12. The Service Provider deletes the Account upon expiry of the notice period referred to above, or immediately upon receipt of a declaration of withdrawal from the Agreement for the Provision of the App Service. The deletion of the Account is tantamount to the deletion of all User Content saved in it.

§ 6.

Verification

1. For the purpose of carrying out Verification, the Driver provides the Service Provider with:

1) the Driver’s identification data: business name, NIP and KRS number (if assigned), the address of its registered office or of the place where it conducts its business activity, telephone number and e-mail address, the data of the person authorized to represent it and the data of the Driver Administrator (first name, surname, position, telephone number, e-mail address);

2) a scan or photograph of the driving license of the Carrier, of the category appropriate for the Vehicle being reported;

3) a scan or photograph of the Vehicle’s registration certificate;

4) confirmation of the conclusion of a compulsory motor third-party liability insurance contract for the Vehicle;

5) the Vehicle’s data: body type (panel van, box body or curtain-sider), information on whether it is equipped with a tail lift, the dimensions of the cargo space, the load capacity and the gross vehicle weight;

6) from 2 (two) to 3 (three) photographs of the Vehicle’s cargo space.

2. The Driver provides the documents and data referred to in para. 1 through a form made available by the Service Provider or by e-mail, to the address indicated in § 1, para. 5, point 1 of the Terms of Service.

3. Verification is carried out manually by the Service Provider within 5 business days of the submission of the complete documents.

4. The Service Provider may issue a negative Verification decision in the event of:

1) the documents provided being incomplete, illegible or out of date;

2) a reasonable suspicion that they are untrue;

3) the Vehicle or the Carrier failing to meet the requirements laid down by law.

A refusal is issued together with a statement of its reason; the Driver may undergo Verification again once the reason for the refusal has been removed.

5. The Driver is obliged to update the documents and data provided without delay, in particular where any of the documents ceases to be valid or where the Vehicle or the Carrier changes. The Service Provider may periodically require the documents referred to in para. 1 to be resubmitted.

6. Where the documents cease to be up to date or where reasonable doubts arise as to whether the Verification conditions are met, the Service Provider may suspend the possibility of accepting Transport Orders until the matter is clarified, informing the Driver of the reason for the suspension.

7. On the basis of the dimensions of the cargo space, the App calculates its volume and assigns the appropriate Tariff to the Vehicle.

8. The registration of a Vehicle with a gross vehicle weight exceeding 3.5 t is not possible.

9. The Driver may submit more than one Vehicle for Verification. The documents and data referred to in para. 1, points 3–6 are provided separately for each Vehicle submitted.

10. The Driver reports to the Service Provider the Carriers it intends to use in the performance of Transport Orders and provides the documents referred to in para. 1, point 2 for each of those persons. The Driver is obliged to update the list of Carriers without delay.

11. The Carrier and the Vehicle are assigned to an accepted Transport Order by the Driver. The Driver is liable to the Customer for the acts and omissions of the Carrier as for its own acts.

12. The Service Provider does not delete the documents provided in the course of Verification. The Service Provider may mark a document as out of date – in that case, the Driver loses the ability to accept Transport Orders until re-Verification is completed.

13. The Driver designates the Driver Administrator or the Driver Administrators and provides their data referred to in para. 1, point 1. Each Driver Administrator receives separate access to the Account.

§ 7.

Complaints concerning the App Service

1. The Driver may submit a complaint concerning the operation of the App by e-mail, to the address indicated in § 1, para. 5, point 1 of the Terms of Service. The complaint should include the Driver’s business name, e-mail address and a description of the Non-conformity.

2. The Service Provider responds to a complaint by e-mail within 14 (fourteen) days of its receipt. If the complaint is upheld, the Service Provider brings the Service into conformity with the Agreement for the Provision of the App Service within a reasonable time indicated in the response to the complaint.

3. Customers’ complaints concerning the performance of a Transport Order are addressed directly to the Driver, which examines them in accordance with the provisions applicable to the legal relationship between the Driver and the Customer.

4. The Service Provider’s liability to the Driver for Non-conformity is limited to bringing the Service into conformity with the Agreement for the Provision of the App Service. The Service Provider has no liability to the Driver under the statutory warranty for defects.

§ 8.

Performance of Transport Orders

1. The Driver selects Transport Orders on its own from among those presented in the Mobile App. The Driver accepts Express Orders and submits offers in respect of Scheduled Orders in accordance with the mechanism described in § 7 of the Customer Terms of Service, which applies accordingly. The Driver is not obliged to accept any Transport Order.

2. Transport Orders are accepted by the Driver, acting on its own or through the Driver Administrator. When submitting an offer or accepting a Transport Order, the Driver Administrator indicates the Carrier and the Vehicle from among those reported in the course of Verification.

3. The Driver may grant the Carrier the right to select Transport Orders on its own from the list available in the App. Actions taken by the Carrier under that right take effect directly for the Driver. Without that right being granted, the Carrier sees only the Transport Orders assigned to the Carrier by the Driver Administrator.

4. In respect of an Express Order, the Driver may accept the base price or submit its own price offer (higher or lower than the base price). Acceptance of the base price by any of the Drivers results in the conclusion of the Transport Order and in the expiry of the offers previously submitted by the other Drivers.

5. An offer submitted by the Driver in respect of a Scheduled Order is not binding until the Driver confirms it in the Mobile App, no later than 2 (two) hours before the indicated Shipment pick-up time. Failure to confirm within that time results in the expiry of the offer.

6. The Driver is obliged to:

1) perform Transport Orders on time, with due care and in accordance with their content;

2) make the Vehicle’s geolocation data available through the Mobile App throughout the performance of the Transport Order, in order to enable the Customer to track the Shipment;

3) refuse to accept or perform a Transport Order covering items indicated in the List of Prohibited Shipments and report that fact to the Service Provider;

4) ensure that the Carrier holds the qualifications required by law and meets the Verification conditions;

5) maintain the Vehicle in a technical condition that complies with the law and is appropriate to the nature of the Shipments carried;

6) hold, throughout the period of use of the App, valid motor third-party liability insurance for the Vehicle;

7) not transfer the Account to third parties or make it available to third parties other than Carriers;

8) fulfill on its own the public-law obligations related to the performance of carriage, including registration, tax and insurance obligations, as well as the requirements of the Act of 6 September 2001 on Road Transport, where they apply to the carriage it performs;

9) mark the performance of a Transport Order in the Mobile App immediately after it has been performed;

10) not accept payment from the Customer outside the App, in particular in cash;

11) assign to an accepted Transport Order a Vehicle and a Carrier from among those reported in the course of Verification.

7. Drivers’ offers submitted in respect of a Scheduled Order are presented to the Customer according to the following parameters, in the following order of importance:

1) the price of the offer – starting from the lowest;

2) the Driver’s rating in the App;

3) the time at which the offer was submitted – offers submitted earlier are presented higher where the other parameters are equal.

The Service Provider gives notice of any change to the above parameters under the procedure applicable to amendments to the Terms of Service.

8. The Driver is a party to the Transport Order. The Driver is liable to the Customer for the performance of the Transport Order, including for the loss of, partial loss of or damage to the Shipment and for delay in its delivery, in accordance with the provisions applicable to the legal relationship between the parties.

9. If the Shipment does not fit into the cargo space of a Vehicle corresponding to the Tariff selected by the Customer, the Driver may propose to the Customer, through the App, a surcharge corresponding to the difference between the base rates. If the Shipment does not match the description provided by the Customer, the Driver proceeds in accordance with § 9, para. 8 of the Customer Terms of Service.

§ 9.

Fees and settlements

1. The price of the Transport Order, less the Commission, is due to the Driver.

2. Transport Orders are settled exclusively through Stripe. The funds paid by the Customer remain in the settlement account maintained by Stripe until Finalization. The Service Provider neither receives nor controls the funds due to the Driver.

3. Upon Finalization, Stripe transfers, by separate transfers:

1) to the Driver – the price of the Transport Order less the Commission,

2) to the Service Provider – the Commission.

4. Where the Customer raises objections as to the performance of a Transport Order, the transfer to the Driver of the funds relating solely to that Transport Order is withheld; the Driver’s other settlements are carried out unchanged.

5. The payout of the funds transferred to the Driver takes place once a week, to the account indicated by the Driver in Stripe.

6. The receipt of funds is conditional upon the Driver maintaining successful verification in Stripe, as referred to in § 5, para. 4, point 2 of the Terms of Service.

7. In respect of the Commission, the Service Provider issues the Driver a single aggregate invoice for each calendar month, issued and delivered through the National e-Invoicing System. The Commission is collected upon the settlement of the individual Transport Orders in accordance with para. 3; the invoice is documentary in nature. The invoice includes the item: “Commission for making the JOLO App and its functionalities available”, indicating the settlement period.

8. The Commission is also charged on the amounts of the Cancellation Fees due to the Driver and on the amounts of the fees for additional services.

9. The Commission set out in the Price List is stated as a net amount and is increased by the value added tax due. The basis for calculating the Commission is the gross price paid by the Customer, including the fees for additional services and the amounts of the Cancellation Fees.

§ 10.

Invoicing Module

1. The invoice documenting the performance of a Transport Order is issued by the Driver. The Service Provider is neither the purchaser of the carriage service nor the issuer of the invoice. The Service Provider makes available solely the Invoicing Module, as a technical tool.

2. The Driver authorizes the Service Provider to issue, in the Driver’s name and on the Driver’s behalf, invoices documenting the performance of Transport Orders, both those issued after Finalization and sent to the National e-Invoicing System and those issued at the Customer’s later request, as well as corrective invoices. The authorization does not constitute an agreement on the issuance of invoices by the purchaser (self-billing). The Service Provider is not the purchaser of the carriage service.

3. The use of the Invoicing Module is conditional upon the granting to the Service Provider of the KSeF Authorizations and upon their being maintained throughout the period in which Transport Orders are accepted. The Service Provider authenticates itself in the National e-Invoicing System using its own certificate, acting in the context of the Driver’s NIP. The Service Provider does not store Drivers’ certificates. The KSeF Authorizations are granted to the Service Provider by the Driver. Invoices documenting all Transport Orders performed by Carriers are issued in the name and on behalf of the Driver.

4. Following the Finalization of a Transport Order, the Invoicing Module generates the invoice automatically, solely on the basis of the Transport Order data and the Driver’s data provided in the course of Verification, and sends it to the National e-Invoicing System. The Service Provider does not interfere with the content of the invoice.

5. The Driver is responsible for the content of the invoice, including for the correctness of the value added tax rate applied, which follows from the Driver’s tax status. The Driver is obliged to indicate its value added tax status in the App and to update it without delay in the event of any change.

6. The Driver may revoke the KSeF Authorizations at any time. The revocation of the KSeF Authorizations means that invoices can no longer be issued automatically by the Invoicing Module; from that moment, the Driver issues and delivers invoices on its own, in accordance with the provisions applicable to it. The revocation of the KSeF Authorizations does not release the Driver from the obligation to perform Transport Orders concluded earlier.

7. A structured invoice sent to the National e-Invoicing System cannot be cancelled. Where the price of a Transport Order changes after the invoice has been issued, in particular as a result of the Customer’s objections being upheld or of the settlement of a Cancellation Fee, the Invoicing Module generates a corrective invoice on behalf of the Driver; paras. 1–5 apply accordingly.

8. A Customer that is a Consumer receives, in the App, confirmation of the performance of the Transport Order, containing the Driver’s data, a description of the service, the route, the date of performance, the amount paid and the Transport Order number. The confirmation is neither an invoice nor a fiscal receipt.

9. Upon a request submitted in the App no later than within 3 (three) months from the end of the month in which the Transport Order was performed, the Invoicing Module issues, in the name and on behalf of the Driver, an invoice documenting that Transport Order. The invoice is issued to the Customer that placed the Transport Order; a change of purchaser is not permitted.

10. The invoices referred to in para. 9 are issued outside the National e-Invoicing System, in a separate numbering series assigned to the Driver, and include the Transport Order number. The Service Provider makes copies of those invoices available to the Driver in the App. The obligation to retain them for the period required by law rests with the Driver.

11. The Service Provider does not issue invoices to Customers.

12. Confirmation of the performance of a Transport Order and a monthly statement of sales and settlements are made available in the App. The statement is provided for information purposes only; it is neither an invoice nor an accounting document and does not replace the records kept by the Driver.

§ 11.

Cancellation of Transport Orders and Cancellation Fees

1. The rules for the cancellation of Transport Orders and for Cancellation Fees are set out in § 9 of the Customer Terms of Service, which applies accordingly.

2. Cancellation Fees are covered exclusively from the funds paid by the Customer. The Service Provider is not liable for the payment of a Cancellation Fee to the extent that it exceeds the amount paid by the Customer and does not cover Cancellation Fees from its own funds.

3. The Driver may cancel an accepted Transport Order only in the cases set out in § 9 of the Customer Terms of Service. Cancelling a Transport Order in other cases constitutes a breach of the Terms of Service.

§ 12.

User Content and Reviews

1. The Driver may post User Content in its Account.

2. The Driver acknowledges that Customers may post Reviews and ratings concerning the Driver’s performance of Transport Orders, which are published in the App. The Driver has the right to report a Review that may breach the Terms of Service and to appeal against the Service Provider’s decision, in accordance with the procedure described in this section.

3. It is prohibited to post User Content:

1) containing untrue data, or contrary to the law, the Terms of Service or good practice;

2) giving rise to a reasonable suspicion of deceit or fraud;

3) containing content serving to carry out activities prohibited by law, inciting violence or hatred, or insulting any group of persons or any person;

4) containing content that may infringe personal rights, copyright, the right to one’s image or other rights of third parties;

5) containing advertising, promotional, political, religious or discriminatory content;

6) containing content promoting activity competing with that of the Service Provider.

4. Any person using the App (hereinafter: the “Reporting Party”) is entitled to report User Content or a Review that may breach the Terms of Service.

5. A report may be submitted in the following manner:

1) by e-mail to: admin@jolo.delivery.

6. A report should contain the following information:

1) a sufficiently substantiated explanation of the reasons why the User Content or Review in question constitutes illegal content,

2) a clear indication of the exact electronic location of the information, such as the exact URL or URLs and, where applicable, additional information enabling the User Content or Review to be identified, as appropriate to its type and to the functionalities of the App,

3) the first name and surname or the name, and the e-mail address, of the Reporting Party, except where the report concerns information considered to involve one of the offences referred to in Articles 3 to 7 of Directive 2011/93/EU,

4) a statement confirming the Reporting Party’s bona fide belief that the information and allegations contained in the report are accurate and complete.

7. Upon receipt of a report, the Service Provider sends the Reporting Party confirmation of its receipt to the e-mail address indicated by the Reporting Party.

8. Where a report does not contain the elements indicated in para. 7 above or contains errors, the Service Provider may ask the Reporting Party to supplement or correct the report within 14 days of receiving that request. Where the Reporting Party fails to supplement or correct the report within the time limit indicated in the preceding sentence, the Service Provider may decline to consider the report.

9. The Service Provider verifies the reported User Content or Review within 14 days of receiving a complete and correct report. As part of the verification activities, the Service Provider will, where necessary, ask the Reporting Party to send the necessary additional information or documents. Pending examination of the report, the Service Provider may block the visibility of the User Content or Review.

10. After verifying the report, the Service Provider:

1) removes the User Content or Review that breaches the Terms of Service, or

2) restores the User Content or Review that does not breach the rules arising from the Terms of Service (if its visibility was blocked at the stage of verifying the report), stating the reasons for its decision.

11. Where the User Content or Review is removed, the Service Provider promptly notifies both the Reporting Party and the User that published the removed User Content or Review of that fact, stating the reasons for its decision.

12. The statement of reasons for the Service Provider’s decision includes:

1) an indication of whether the decision covers the removal of the User Content/Review, the blocking of its visibility, its demotion, or the imposition of other measures referred to in the Terms of Service in relation to that Review and, where applicable, the territorial scope of the decision and its period of validity;

2) the facts and circumstances on the basis of which the decision was taken, including, where applicable, information on whether the decision was taken on the basis of a report submitted by the Reporting Party or on the basis of voluntary own-initiative investigations carried out by the Service Provider and, where strictly necessary, the identity of the Reporting Party;

3) where applicable, information on the use of automated means in taking the decision, including information on whether the decision was taken in respect of User Content/a Review detected or identified using automated tools;

4) where the decision concerns potentially prohibited User Content/a potentially prohibited Review, an indication of the legal or contractual basis on which the decision is based and an explanation of the reasons why the Review in question is considered to be prohibited content;

5) clear and user-friendly information for the User and the Reporting Party on the possibilities available to them for appealing against the decision.

13. A User whose User Content or Review has been removed, or a Reporting Party whose request for the removal of the reported User Content/Review is refused by the Service Provider, may lodge an appeal against the Service Provider’s decision.

14. An appeal may be lodged in the following manner:

1) by e-mail – to: admin@jolo.delivery.

15. An appeal should contain:

1) the first name and surname or the name of the appellant,

2) contact details (e-mail address, correspondence address),

3) a detailed statement of the reasons why, in the appellant’s opinion, the Service Provider’s decision is incorrect and should be changed.

16. The Service Provider promptly confirms receipt of the appeal by sending a notification to the e-mail address indicated by the appellant.

17. Appeals are examined by an authorized team of the Service Provider within 14 days of their receipt (these activities will not be carried out in an automated manner, without human involvement).

18. The Service Provider notifies the appellant of the decision taken as a result of the examination of the appeal by e-mail and, if it at the same time considers the reported content to be prohibited content, takes the measures provided for in the Terms of Service in respect of that content.

19. The submission of User Content is tantamount to the User declaring that it is its sole author. The User bears full responsibility for the User Content/the content of the Review and for the consequences of its publication (including for infringements of the personal rights and intellectual property rights of third parties).

20. The submission of User Content/a Review is tantamount to the User granting the Service Provider a free-of-charge, non-exclusive license to use it (hereinafter: the “License”).

21. The License is granted for an indefinite term (with the possibility of terminating it upon two years’ notice, effective at the end of a calendar year) and without territorial limitations, and covers the use of the User Content/Review in the following fields of exploitation:

1) recording and reproduction in any number of copies, by any technique and in any format;

2) dissemination in any manner, by any means of transmission, in particular through publication in the App and in the Service Provider’s social media.

22. The License entitles the Service Provider to modify a Review where this is necessary in order to disseminate it in a particular manner, without changing its substance or content.

23. The License authorizes the Service Provider to grant further licenses to use the Review to any third parties of its choice. The further license referred to in the preceding sentence may be granted by the Service Provider for consideration or free of charge.

24. The User undertakes not to exercise the moral rights vested in it in respect of the User Content/Review (including the right to have the authorship of the User Content/Review attributed and the right to supervise the use of the User Content/Review) and authorizes the Service Provider to exercise those rights on the User’s behalf.

§ 13.

Liability of the Service Provider

1. The Service Provider undertakes to provide the services with due care.

2. To the extent permitted by the provisions of the Civil Code, the Service Provider is not liable to Users for the consequences of:

1) Users using any services or functionalities available within the App in a manner inconsistent with their intended purpose;

2) Users providing incorrect or untrue data;

3) the use of the credentials authorizing access to the Account by third parties, where those persons came into possession of the credentials as a result of their disclosure by the User or as a result of the User’s failure to adequately protect them against access by such persons;

4) Users’ acts and omissions;

5) the loss of, damage to or delay in the delivery of a Shipment;

6) consequences arising from a Transport Order concluded between Users.

3. To the extent permitted by the provisions of the Civil Code, the Service Provider is not liable for disruptions to the operation of the App resulting from:

1) force majeure;

2) necessary maintenance and modernization works carried out in the App;

3) causes attributable to the User;

4) causes beyond the Service Provider’s control, in particular the actions of third parties for which the Service Provider is not liable.

4. The Service Provider undertakes to carry out the works referred to in para. 3, point 2 above in the least burdensome manner possible for Users and, as far as possible, to inform them of planned works in advance.

5. The Service Provider undertakes, as far as possible, to remedy disruptions to the operation of the App on an ongoing basis.

6. The Service Provider is not liable for the consequences of any interactions between Users who came into contact through their use of the App (regardless of where those interactions occur), including for the consequences of a User disclosing information concerning that User.

7. To the extent permitted by mandatory provisions of law, the Driver shall hold the Service Provider harmless from third-party claims (including claims of Customers) arising from the Driver’s failure to perform or improper performance of a Transport Order.

8. The Service Provider’s liability to the Driver for failure to perform or improper performance of the Agreement for the Provision of the App Service is limited to the amount of the Commission paid by the Driver in the 3 months preceding the event and does not cover lost profits. That limitation does not apply to damage caused intentionally.

§ 14.

Promotion

1. The Service Provider may present and promote the Driver in the App and in the Service Provider’s marketing materials (including in social media), using for that purpose the Driver’s business name or name, its logo, its ratings and Reviews and photographs of the Vehicle, on the basis of the Service Provider’s legitimate interest (Article 6(1)(f) of the GDPR). The Driver has the right to object to such use.

2. The use of a Carrier’s image requires that person’s separate consent (Article 81 of the Act of 4 February 1994 on Copyright and Related Rights) and does not take place on the basis of the Terms of Service.

§ 15.

The Service Provider’s intellectual property

1. All components of the App, in particular:

1) the name of the App;

2) the logo of the App;

3) photographs and descriptions;

4) the operating principles of the App, all of its graphic elements, the interface, the software, the source code and the databases

– are protected by law under the provisions of the Act of 4 February 1994 on Copyright and Related Rights, the Act of 30 June 2000 – the Industrial Property Law, the Act of 16 April 1993 on Combating Unfair Competition and other generally applicable laws, including the laws of the European Union.

2. Any use of the Service Provider’s intellectual property without its prior express consent is prohibited.

§ 16.

License for the Mobile App

1. Upon the conclusion of the Agreement for the Provision of the App Service, the Service Provider grants the Driver a non-exclusive, non-transferable license to use the Mobile App, without the right to grant sublicenses, solely on mobile devices at the Driver’s disposal and solely for the purpose of using the Service in accordance with the Terms of Service.

2. The license covers the permanent or temporary reproduction of the Mobile App in the memory of the mobile device to the extent necessary for it to be launched and to operate.

3. The license is granted for the term of the Agreement for the Provision of the App Service and expires upon termination of that Agreement. Upon expiry of the license, the Driver is obliged to delete the Mobile App from its mobile devices.

4. The Driver is not entitled to modify or decompile the Mobile App or to reconstruct its source code, except in the cases permitted by law, nor to remove or circumvent technical protection measures, nor to lease, lend, resell or make the Mobile App available to third parties other than Carriers.

5. Downloading the Mobile App requires acceptance of the rules of the app store through which it is made available. The use of the Mobile App is also subject to the terms of use specified by the provider of that store.

6. To the extent that the Mobile App is made available through the App Store:

1) the provisions of this section bind only the Driver and the Service Provider, and Apple Inc. is not a party to them;

2) the Service Provider is solely responsible for the Mobile App and its content, as well as for its maintenance and technical support; Apple Inc. is under no obligation to provide any support in connection with the Mobile App;

3) in the event that the Mobile App fails to conform to any applicable warranty, the Driver may notify Apple Inc., which will refund any purchase price of the Mobile App; apart from that, Apple Inc. has no warranty liability;

4) the Service Provider is solely responsible for addressing the claims of the Driver and of third parties relating to the Mobile App, including claims relating to product liability, non-compliance with the law, with consumer protection legislation or with personal data protection legislation, as well as claims relating to the infringement of third parties’ intellectual property rights;

5) the Driver declares that it is not located in a country subject to a United States Government embargo or designated by the United States Government as supporting terrorism, and that it is not listed on any United States Government list of prohibited or restricted parties;

6) Apple Inc. and its subsidiaries are third-party beneficiaries entitled to require the Driver to comply with the provisions of this section; the Driver’s acceptance of the Terms of Service is tantamount to acknowledging that entitlement.

7. The Service Provider’s contact details for submitting questions and complaints concerning the Mobile App are indicated in § 1, para. 5 of the Terms of Service.

§ 17.

Processing of personal data

1. Information on the processing of personal data by the Service Provider is set out in the Privacy Policy available at: https://jolo.delivery/polityka-prywatnosci.

2. In respect of Customers’ personal data received for the purpose of performing a Transport Order, the Driver becomes a separate controller of that data and is obliged to process it solely for the purpose of performing the Transport Order and in accordance with the GDPR. The Service Provider and the Driver process personal data as independent controllers; each of them is independently responsible for the compliance of its own processing with the GDPR, including for providing data subjects with the required information.

3. The data provided by the Driver for the purposes of the identity verification conducted by Stripe (including identity documents and the bank account number) is provided by the Driver directly to Stripe; the Service Provider does not store that data.

§ 18.

Changes to the App Service

1. The Service Provider may change the App Service in the event of:

1) the need to adapt the Service to newly emerging devices or software used by Users to use the Service;

2) the Service Provider deciding to improve the Service by adding new functionalities to it or by modifying existing functionalities;

3) a legal obligation to make changes, including the obligation to adapt the Service to the current legal framework.

2. A change to the Service may not involve any costs for the Driver.

3. The Service Provider informs Drivers of a change made to the Service by posting a message about the changes in the Account. Independently of the above, information about the change made may be sent to Drivers by e-mail.

4. If a change to the Service materially and adversely affects access to the Service, the Service Provider is obliged to inform the Driver of:

1) the characteristics and the date of the change, and

2) the Driver’s right to terminate the Agreement for the Provision of the Service with immediate effect within 14 (fourteen) days of the change being made.

5. The Service Provider sends the information referred to in para. 4 above to Drivers by e-mail no later than 7 (seven) days before the change is made.

6. The Driver’s termination of the Agreement for the Provision of the Service on the basis of para. 4, point 2 above is effected by submitting to the Service Provider a notice of termination of the Agreement for the Provision of the Service. The notice referred to in the preceding sentence may be sent by e-mail to the address indicated in § 1, para. 5, point 1 of the Terms of Service.

7. The termination of the Agreement for the Provision of the Service on the basis of para. 4, point 2 above has the effect that the Service ceases to be provided and the Account is deleted, in accordance with § 5 of the Terms of Service.

§ 19.

Amendments to the Terms of Service

1. The Service Provider may amend the Terms of Service in the event of:

1) a change in the subject matter of the Service Provider’s business activity;

2) the Service Provider commencing the provision of new services, modifying the services provided to date or ceasing to provide them;

3) technical modifications being made to the App that require the provisions of the Terms of Service to be adapted to them;

4) a legal obligation to make changes, including the obligation to adapt the Terms of Service to the current legal framework.

2. Drivers will be informed of any amendment to the Terms of Service by the publication of the amended version of the Terms of Service on the App’s website. Independently of the above, the amended version of the Terms of Service will be sent to Drivers by e-mail.

3. Agreements for the Provision of the Service concluded before an amendment to the Terms of Service are governed by the provisions of the Terms of Service in force at that time.

4. A Driver that does not agree to an amendment to the Terms of Service may terminate the Agreement for the Provision of the App Service with immediate effect within 10 (ten) days of receiving information about the amendment to the Terms of Service, subject to para. 3 above. A failure to terminate is deemed to constitute consent to the amendment to the Terms of Service.

5. The termination of the Agreement for the Provision of the App Service is effected by the Driver submitting to the Service Provider a notice of termination of that Agreement. The notice referred to in the preceding sentence may be sent by e-mail to the address indicated in § 1, para. 5, point 1 of the Terms of Service.

6. Immediately upon receipt of the notice referred to in para. 5 above, the Service Provider deletes the Account.

§ 20.

Final provisions

1. The current version of the Terms of Service is effective as of 21 August 2026.

2. The Terms of Service are governed by Polish law. All disputes arising under these Terms of Service will be resolved by way of amicable negotiation and, should no agreement be reached, before the competent court of general jurisdiction.

3. Matters not regulated in the Terms of Service are governed by generally applicable Polish law.

4. The annex to the Terms of Service, forming an integral part thereof, is Annex 1 – the List of Prohibited Shipments.

5. The Terms of Service have been drawn up in the Polish language. Versions of the Terms of Service in other languages are for information purposes only. In the event of any discrepancy, the Polish version prevails.