Policy sections
01
Introduction
These Terms and Conditions govern your access to and use of the TOMCABS platform, including the web application at https://tomcabs.com, associated mobile applications, and related services operated by Desert Odes Ltd. (CRO No. 782985), Pod 2, The Old Station House, 15a Main Street, Blackrock, Dublin, Ireland, A94T8P8. By creating an account, accessing, or using the Service, you confirm that you have read, understood, and agree to be bound by these Terms and our Privacy Policy.
02
Definitions
Agreement means these Terms together with our Privacy Policy and additional notices; Company Data means data submitted or generated through the Service (including driver, shift, race, vehicle, and financial data); Customer means a taxi company, fleet operator, or manager registering a company account; Driver means a user accessing the Service as a driver; Free Tier means the no-cost subscription tier; Intellectual Property Rights includes all applicable IP rights; Personal Data has the meaning under GDPR and the Irish Data Protection Act 2018; Subscription Plan means a paid Plus or Pro plan; User means any individual who accesses the Service.
03
Eligibility
By using the Service, you represent that you are at least 18 years old, have legal capacity to enter this Agreement, are authorized to bind any entity you register for, comply with applicable laws (including Brussels-Capital Region and Belgian requirements where you operate), and have not been previously suspended or removed from the Service. The Service is not directed to individuals under 18, and any such Personal Data will be deleted promptly if identified.
04
Account Registration and Security
You must provide accurate, current, and complete registration information and keep it updated. You are responsible for maintaining the confidentiality of login credentials and all account activity, and must notify support@tomcabs.com immediately of unauthorized use. TOMCABS supports multi-company operations, and each company association has its own role and access level; users remain responsible for compliance within each company context.
05
Subscription Plans and Billing
Plans include Free Tier (always free for Drivers), Plus (one vehicle, full shift management and advanced features), and Pro (up to ten vehicles, analytics, financial reporting, dashboards). Payments are processed by Stripe, subscriptions renew monthly or annually, invoices are available in account settings, and free trials (if offered) auto-convert unless canceled before trial end. Price changes require at least 30 days written notice. Fees are non-refundable except as required by law or these Terms, and applicable taxes remain your responsibility.
06
Permitted Use
Subject to these Terms and subscription limits, we grant a limited, non-exclusive, non-transferable, revocable license to use the Service for legitimate taxi fleet management operations. You must use the Service lawfully and in compliance with applicable regulation, including Brussels taxi licensing requirements, Belgian labor law, and GDPR obligations where you act as a controller.
07
Prohibited Conduct
You must not violate law or third-party rights, upload unlawful or harmful content, attempt unauthorized access, reverse engineer the Service, disrupt systems, bypass security controls, use bots/scrapers without written permission, introduce malware, impersonate others, or resell/sublicense the Service without consent.
08
Intellectual Property
The Service, software, algorithms, designs, trademarks, content, and documentation are the exclusive property of Desert Odes Ltd. and licensors. You retain ownership of your Company Data, while granting us a limited worldwide royalty-free license to process/store/display it solely to provide and improve the Service. Feedback you provide may be used by us under a perpetual, irrevocable, royalty-free worldwide license without compensation.
09
Third-Party Services
The Service relies on third-party services including Supabase (database/auth/storage), Stripe (payments), Google (Maps and Vision APIs), Vercel (hosting/CDN/analytics), Sentry (error monitoring), and Resend (transactional email). Use of these services is also subject to each provider's terms and privacy policy, and we are not responsible for provider availability, accuracy, or conduct.
10
Service Availability and Support
We target 99.9% monthly uptime but do not guarantee uninterrupted, error-free, or secure access. Service may be unavailable for maintenance, emergency fixes, or causes beyond our control. We may modify, suspend, or discontinue parts of the Service, and will provide advance notice where reasonably practicable. Support is available at support@tomcabs.com with a target response time of two business days.
11
Data Protection
Collection and use of Personal Data is described in our Privacy Policy. Customers using TOMCABS to manage driver data may act as independent data controllers and are solely responsible for compliance with applicable data protection law, including obtaining required consents and providing required notices.
12
Disclaimer of Warranties
The Service is provided on an "as is" and "as available" basis, without express or implied warranty, including merchantability, fitness for purpose, non-infringement, and accuracy, to the fullest extent permitted by law. We do not warrant uninterrupted or error-free operation, correction of all errors, or absence of harmful components. Non-excludable rights under Irish law remain unaffected.
13
Limitation of Liability
To the fullest extent permitted by law, Desert Odes Ltd. and related parties are not liable for indirect, incidental, special, consequential, or punitive damages (including loss of profits, data, goodwill, business interruption, or substitute services). Aggregate liability is capped at the greater of fees paid in the preceding 12 months or EUR 100, except where liability cannot be excluded (including death/personal injury caused by negligence, fraud, or fraudulent misrepresentation).
14
Indemnification
You agree to indemnify, defend, and hold harmless Desert Odes Ltd. and its officers, directors, employees, and agents against claims, liabilities, losses, costs, and expenses (including reasonable legal fees) arising from your use of the Service, breach of these Terms, violation of law, or infringement of third-party rights.
15
Termination
You may cancel your subscription or delete your account at any time in account settings, with paid access continuing through the current billing period. We may suspend or terminate access immediately for breach, legal requirement, Service discontinuation, or prolonged inactivity. On termination, your right to use the Service ends immediately, and data handling follows our Privacy Policy and applicable law; you may request export of Company Data before deletion.
16
Force Majeure
We are not liable for delay or failure to perform obligations caused by events beyond reasonable control, including natural disasters, fire, flood, epidemic, war, civil unrest, government action, internet disruption, or third-party service failures.
17
Governing Law and Dispute Resolution
These Terms and related disputes are governed by Irish law, and parties submit to exclusive jurisdiction of the courts of Ireland. We may seek injunctive or equitable relief in other jurisdictions where needed to protect intellectual property rights. Before formal proceedings, users are encouraged to contact support@tomcabs.com for amicable resolution.
18
Changes to These Terms
We may update these Terms at any time. For material changes, we will provide at least 15 days notice via website notice and/or email to the address on your account. Continued use after the effective date constitutes acceptance of revised Terms.
19
Miscellaneous
These Terms, Privacy Policy, and Cookie Policy form the entire agreement and supersede prior understandings. If a provision is invalid or unenforceable, remaining provisions continue in effect. Failure to enforce is not waiver unless in writing. You may not assign rights without consent; we may assign freely. Legal notices to us must be sent to support@tomcabs.com or the registered address above, and we may send notices by email or through the Service.