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Hera13 Transport

Terms and Conditions

Last updated: May 2025

Preamble.Preamble

These Terms and Conditions of Use are published and made available online by HERA 13, a French limited liability company (SARL) with capital of €1,000.00, registered with the Marseille Trade and Companies Register under number 938 563 475, whose registered office is located at 55 rue Grignan – 13006 MARSEILLE, represented by its Managing Director in that capacity at said registered office. (Hereinafter "HERA 13")

HERA 13 is a company specializing in connecting drivers and passengers for transport purposes, founded by women and for women.

These Terms and Conditions of Use are intended to provide a legal framework for the relationship between Riders and HERA 13.

1.Definitions

Application
means all products, features and services developed by HERA 13 and selected by the Client.
Client
means the individual or legal entity who has created an Account on the application under these terms.
Account
means the Rider's profile created upon first access to the Application.
Terms
means this document establishing the rights and obligations of each Party in connection with the use of an Account.
Driver
means the person responsible for providing the transport service connected with the Rider through the Application.
Credentials
means the usernames and passwords enabling Riders to access the application.
Party
means either HERA 13 or the Client, as applicable.
Passenger
means any Rider or person using the intermediary service set up by HERA 13.
Rider
means any female individual holding an Account allowing her to use the intermediary services organized by HERA 13 through the Application.

2.Purpose – Scope of Application

These Terms govern access to and use of the Application by a Rider, who must be at least eighteen (18) years of age. In addition, the Rider must ensure that anyone using transport services via the Application on behalf of the Account holder is at least eighteen (18) years of age.

The Driver has the right to refuse service to a Passenger or any other person using the services on behalf of a Rider who is unable to prove that she is at least 18 years old.

In addition, access to and use of the Application are intended to connect a female audience with a focus on safety and well-being. HERA 13's approach is taken solely to preserve a legitimate objective of ensuring the safety of Riders. Indeed, the use of and access to the Application form part of efforts to prevent inappropriate, sexist or dangerous behavior and any resulting violence against women in the context of travel carried out using various transport solutions.

Any use of the Application in violation of the above requirements may result in the suspension or deletion of the Account concerned, in accordance with Article 4.3 below.

These Terms will be accessible at all times from the Application and HERA 13's website. They will prevail, where applicable, over any other contradictory document.

By creating her Account under the conditions set out in Article 4 below, the Rider acknowledges that she has fully read these Terms and has accepted them in full and without reservation. If the Rider does not accept these Terms and Conditions of Use, she will not be able to access the Application or use the services offered therein.

HERA 13 reserves the right to periodically amend the Terms, in particular to adapt them to changes in the services offered by the Application or to legislative changes. In the event of an amendment to the Terms, the Rider will receive a notification upon logging into her Account.

If the Rider refuses to accept the proposed amendments, she will no longer be able to benefit from the services provided by the Application. Any use of the Application following notification of an amendment to the Terms automatically constitutes acceptance of such amendments.

Acceptance of these Terms constitutes express acknowledgment by the Rider that information extracted from the Application, in particular regarding the initial acceptance of these Terms and the notification and acceptance of subsequent versions, shall be conclusive evidence between the Parties and shall be fully enforceable.

HERA 13 reserves the right to implement reasonable measures to verify compliance with the access conditions set out above, in accordance with applicable regulations and legislation, without such measures being permitted to infringe on the persons subject to them, for any reason whatsoever.

These Terms apply for the entire period during which the Rider's Account remains valid.

3.Term

The Terms apply for an indefinite period corresponding to the duration of the Account created by the Rider for use of the application made available online by HERA 13.

The Terms take effect from the Rider's acceptance of them, as evidenced by checking the box "I have read and accept the Terms and Conditions" when creating her Account.

The Rider may delete the Account created for use of the Application under the conditions set out in Article 4.3 below.

4.Use of the HERA 13 Application

The Application can be downloaded from the App Store.

4.1: Account Creation

When creating her Account, the Rider must provide the following information: Last name; First name; Date of birth; Phone number; Email address.

The Rider must also provide a copy of a valid identity document or residence permit. Verification of this identity document is carried out by our provider Didit, who acts as a data processor within the meaning of the GDPR.

As part of creating her Account for use of the Application, and in order to finalize the creation of her Account, the Rider will provide a photograph taken directly on the Application's access portal, which will be used to complete her profile.

In this regard, the Rider guarantees that the information provided is accurate and undertakes to update her Account in the event of any change.

It is further specified that the Account may only be used by the Rider. However, a Rider may use the transport services made available by the Application on behalf of a third party. The Rider holding the Account will then be responsible for that third-party Passenger and undertakes to ensure that such third-party Passenger complies with these Terms.

The Rider undertakes to promptly update the information she has provided in the event of any change, in particular in the event of a change of phone number or email address.

Upon first use of the Account, a six (6)-digit code will be sent by text message to the Rider. This code will be used to finalize the creation of the Account by the Rider by following the validation procedure detailed in that text message.

4.2: Features Related to Use of the Application

Access to the Application requires that the Rider have access to an internet connection. HERA 13 shall not bear any costs related to such access.

Access to the Application will allow: searching for Driver availability near a pickup location; estimating the fare for a ride using the transport service marketed by HERA 13; connecting a Passenger with a nearby Driver for the purpose of completing a ride; accessing her Account to view previous rides, previous Drivers, reviews left and/or received, as well as invoices; accessing the history of orders and transport vouchers, which serve as invoices.

The Rider acknowledges being informed that the Application allows her to enter into a contract between herself and the Driver who has agreed to pick her up. Accordingly, HERA 13 is in no way a party to the transport contract, as HERA 13 acts solely as a booking platform and not as a carrier or transport broker.

Accordingly, all transport services offered on the HERA 13 Application are provided by independent professional providers who act neither as employees of HERA 13 or any of its subsidiaries, existing or otherwise, nor as direct or indirect partners of the HERA 13 company mentioned in the preamble.

It is further specified that, by accepting these Terms, the Rider consents to receive commercial communications from HERA 13, including promotional codes that may result from promotional campaigns. Such promotional codes will have an expiration date, which will be indicated in the Application once applied to the Rider's Account.

If, however, the amount of the Rider's ride exceeds the reimbursable credit allocated to that ride, the balance will be automatically deducted from the payment method chosen by the Rider. Similarly, the credit from a promotional code applies only to a single ride and cannot be carried over to a subsequent ride; it will therefore be lost. Only one promotional code may be applied per ride.

HERA 13 reserves the right to cancel a promotional code if it is used illegally, fraudulently or with a view to committing an offense, if it was issued in error, or if it has expired.

4.3: Suspension, Deletion and Closure of the Account

A breach by the Rider, or by a Passenger picked up in the name of and by means of the Rider's Account, of any of the obligations set out in these Terms may result, at HERA 13's discretion, in the suspension or closure of the Rider's Account.

In the event of suspension or closure of the Account, HERA 13 will notify the Rider of such suspension or closure by email to the email address provided when the Account was created. This email will state the reason(s) for the suspension or closure of the Account and, in the case of a simple suspension, its duration.

While the Account is suspended, the Rider will be unable to access or use the Application for the entire duration of the suspension.

Suspension of the Account may lead to its deletion where: serious and/or repeated breaches of these Terms by the Rider are found; or the Account has been suspended on multiple occasions during the past year.

Once the Account has been deleted, the Rider will no longer be able to access or use the Application and will not be able to recreate a new Account. This permanent deletion will be evidenced by an email sent to the email address provided when the Account was created.

This email will contain the reasons justifying the deletion of the Account and will include the available means of appeal to challenge the deletion decision. It is further specified that such appeals must be exercised within three (3) months of receipt of the email confirming deletion of the Account.

If the Rider whose Account has been deleted exercises a right of appeal, HERA 13 will in turn have a period of three (3) months to reconsider or confirm its decision, giving reasons for that decision.

It is understood that the Rider has the right to refer the matter to an out-of-court dispute resolution body.

In addition, the Rider retains the right to request deletion of her Account at any time by making a request to the following email address: [email protected], or via the support contact directly integrated into the Application.

In such a case, HERA 13 will proceed without delay to delete the Rider's Account. HERA 13 may nevertheless retain all data relating to that Account for a period of three (3) years from the date of the deletion request. At the end of this three (3)-year period, HERA 13 will delete all data relating to that Account.

Such deletion automatically terminates these Terms.

5.Financial Terms

As part of a transport request, the Application will provide the Rider with an estimate or a range of estimates for the fare that will be charged for the ride, taking into account any toll charges for the planned route, as well as an estimated vehicle arrival time.

If the fare estimate changes before the ride is confirmed, the Rider will be informed.

These estimates are provided for informational purposes only; the actual fare and arrival time may change, for example if the Rider changes destination during the ride, or if the ride takes longer than expected due to traffic or weather conditions.

The actual fare payable to the Driver will be calculated in accordance with the financial terms set out on the Application's booking portal and will be communicated at the end of the ride within the Application, along with the invoice the Rider will receive after each ride.

The Application will allow the Rider to view the pricing details applicable to all rides completed through the Application.

The Rider may pay for transport services offered by the Application by mobile payment or by bank card registered on the Application, directly on the platform, in accordance with the fare shown on the booking portal. Payments are processed securely by our provider Stripe (Stripe Payments Europe, Limited), in compliance with PCI-DSS standards. HERA 13 does not directly retain Riders' bank details.

When payment is made directly through the application, HERA 13 will act as the Drivers' agent. Drivers thereby authorize HERA 13 to issue invoices in their name and on their behalf, and to collect and transfer payments from Riders received by HERA 13 on behalf of Drivers.

The Rider's obligation toward the Driver will only be discharged once the payment order for the transfer of funds to HERA 13's bank account has been received. It is therefore the Rider's responsibility to ensure that payment is actually made and that the debited bank account has sufficient funds. HERA 13 may request additional data to verify the payment method.

HERA 13 shall under no circumstances be held liable for any additional payment fees generated by third parties (including, without limitation, mobile network operators or banking institutions). HERA 13 disclaims all liability for such additional fees generated by external service providers with which HERA 13 has no connection.

HERA 13 will be responsible for payments made through the Application and will provide assistance in this regard to correct or resolve any technical issues related to use of the application. HERA 13 support can be contacted at the following email address: [email protected], or via the support contact directly integrated into the application.

The Rider and/or Passenger is free to tip the Driver using any of the payment methods accepted under these Terms. HERA 13 will not retain any commission on tips, which will be paid to the Driver in full. HERA 13 nevertheless reserves the right to withhold a tip if it is suspected of being fraudulent, illegal, used for purposes other than as a token of thanks for services rendered, or non-compliant with these Terms.

6.Intellectual Property

The Agreement grants the Client no intellectual or industrial property rights whatsoever in the Application, its documentation or, more generally, any element used by HERA 13 in connection with its business under these Terms and Conditions.

The application remains the exclusive and entire property of HERA 13, which develops and publishes it.

As such, HERA 13 expressly reserves the exclusive right to make changes to the Application, at its discretion, in order to maintain it.

The Client is strictly prohibited from translating, decompiling, altering, adapting, arranging, modifying or exporting the Application, or merging it with other computer applications or software.

The Client acknowledges that she is fully and jointly liable in the event that any of the acts described above are committed by third parties who gained access to the Application through her.

Updates, as well as all documents, studies, and graphic, visual or audio works developed during the creation process, are likewise subject to the provisions of this article and remain the entire property of HERA 13.

The Client expressly agrees not to claim any right whatsoever over the aforementioned rights, and not to challenge their validity.

7.Rights Granted Through Use of the Application

The Rider's compliance with these Terms grants her a license to use the Application that is personal to her, non-exclusive, non-transferable for any reason whatsoever, and free of charge, enabling the Rider to use the Application in accordance with these Terms.

This license is revocable at any time in the event of a breach of these Terms by the Rider.

In particular, the Rider is prohibited from:

• Copying, reproducing, representing, exploiting or adapting, on any medium whatsoever, and/or allowing a third party to copy, reproduce, represent, exploit or adapt all or part of the Application and any related content;
• Extracting all or part of the Application and/or its Content;
• Extracting or using any modified version of the Application (in particular any derivative work of all or part of the Application and/or its Content);
• Subject to the limits permitted by applicable law, carrying out any reverse engineering, compilation, decompilation, disassembly or conversion of the Application's object code into source code;
• Distributing, sublicensing, assigning, sharing, selling, renting or lending, or time-sharing, in any manner whatsoever, the Application and its related Content;
• Deleting or modifying any copyright, trademark or other proprietary right relating to the Application;
• Using the Application for purposes other than those expressly authorized by these Terms and Conditions of Use.

This license is granted for the legal term of protection of the Application under the intellectual property rights protecting it.

In the event of deletion of the Account, for any reason whatsoever, the license to use granted under these Terms will also terminate irrevocably.

8.Processing of Personal Data

As part of the use of the Application, HERA 13 will process personal data concerning Riders. This data will have been provided directly by the Rider when creating her Account.

The personal data concerned will in particular include Riders' last names, first names, email addresses and phone numbers.

With regard to the collection, processing and communication of personal data, HERA 13 undertakes to comply with applicable laws and regulations, in particular the provisions of Law No. 78-17 of January 6, 1978 on data processing, files and freedoms, as well as the provisions of Regulation (EU) 2016/679 of April 27, 2016, known as the "GDPR".

HERA 13 undertakes in particular to:

• Process only the data necessary for the Rider's use of the Application, and not for its own purposes or on behalf of third parties;
• Ensure that members of its staff who may access the Rider's data are bound by a confidentiality obligation;
• Keep the processing records required by the GDPR;
• Implement appropriate technical and organizational measures to ensure a level of security appropriate to the risk;
• Ensure that any subcontractors used by HERA 13 — in particular Stripe for payments and Didit for identity verification — comply fully with the provisions of the GDPR;
• Ensure that the servers hosting the Rider's data are located within the territory of the European Union;
• Notify the Rider of any personal data breach as soon as possible after becoming aware of it.

This data is necessary for the normal operation of the Application.

The Rider has the right to access, rectify, erase and port her data. She also has the right to object to or restrict the processing of her data and the right to provide instructions regarding the fate of her data after her death.

These rights may be exercised at any time by contacting HERA 13 at the following address: [email protected], or via the support contact directly integrated into the application.

HERA 13 may, if it deems it necessary, verify the identity of the person concerned by requesting a signed copy of a valid identity document. These rights also include the right to lodge a complaint with the CNIL (https://www.cnil.fr).

Data provided by the Rider is kept in active storage for the duration of these Terms, and is then archived for a period of three (3) years from the end of the contractual relationship, for evidentiary purposes, unless a different statutory retention period applies.

9.Limitation of Liability

9.1 Booking and Cancellation of a Pickup

When a transport request is made by a Rider through the Application, it will connect the Rider with a Driver, who will be notified of the request through her Application. The Rider then undertakes to enter into a contract directly with the Driver, who is free to accept or decline the contract, without HERA 13 being a party to it, insofar as HERA 13 acts solely as a booking and matching platform.

This transport request may be cancelled as long as it has not been accepted by a Driver. Once a Driver has accepted the transport request, the contract is formed and the Rider may not withdraw from it, as she does not benefit from any right of withdrawal, in accordance with Article L.221-28 of the French Consumer Code.

If the Rider cancels her ride via the Application after it has been accepted by a Driver and beyond the tolerance period expressly stated on the Application's booking portal, cancellation fees will be due. These cancellation fees will be indicated on the booking portal at the time of the transport request and the cancellation request.

When a Driver arrives at the pickup location, her arrival will be notified to the Rider via the Application. The Rider will have five (5) minutes to reach the vehicle present at the pickup location. If the Rider or Passenger does not show up within this time, the Driver is free to cancel the request; cancellation fees may then be applied to the Rider.

Under no circumstances, and for any reason whatsoever, may HERA 13 be held liable for a Driver's cancellation.

If, during a ride booked through the Application, a Rider causes damage to the Driver's vehicle or to any movable property that may be inside that vehicle, the Driver is entitled to seek compensation for damage caused during the ride carried out through the Platform.

9.2 Liability

HERA 13 may under no circumstances be held liable for Drivers' conduct and does not guarantee that Drivers will be continuously available to provide rides via the Application governed by these Terms.

As a reminder, HERA 13 is merely a provider of matching services and does not provide transport services within the meaning of applicable French law, and is therefore not a party to the transport contract entered into directly between the Rider and the Driver.

HERA 13 nevertheless undertakes to be jointly liable with the Driver for the proper performance of the obligations arising from the transport contract, under the conditions set out in Articles L.3141-1 et seq. of the French Transport Code relating to intermediary transport-matching activities.

HERA 13 shall under no circumstances be held liable in cases where the non-performance or improper performance of the contract is attributable to the Rider and/or the Driver, to an unforeseeable and insurmountable act of a third party unrelated to the provision of the transport service, or to a case of force majeure.

More generally, HERA 13 shall under no circumstances be liable for: the acts of third parties; a case of force majeure as defined by French law and case law; abnormal, unlawful or fraudulent use of the Application by the Rider and/or the Driver; a malfunction relating to internet access; or a decision by the authorities.

HERA 13 further reserves the right to suspend access to the application, for a reasonable period, for maintenance or development purposes. Unavailability of the application for technical reasons shall under no circumstances give rise to liability on the part of HERA 13.

10.Content Moderation and Complaints Handling

HERA 13 must respond promptly to notifications of illegal content in accordance with the obligations to which it is subject, in particular under Regulation (EU) 2022/2065 of the European Parliament and of the Council of October 19, 2022 on a Single Market For Digital Services and amending Directive 2000/31/EC.

In the event of a report of illegal content, HERA 13 may suspend or delete the content in question and/or the Account of the Rider and/or Driver responsible for that illegal content, under the conditions set out in Article 4.3 above.

11.Non-Transferability

Under these Terms and Conditions, the Client benefits from a right to use the Application that is personal, non-exclusive and non-transferable.

Assignment, rental or making available to a third party of all or part of the Application by the Client is strictly and formally prohibited.

12.Waiver

If either Party fails to exercise any of its rights under this Agreement, this shall not prevent it from exercising that right at a later date and shall under no circumstances be considered a waiver of that right or of any other right it holds under this Agreement.

13.Severability

If any provision of this agreement is deemed unlawful, invalid or unenforceable, the remaining provisions shall nevertheless remain valid and applicable.

14.Governing Law and Competent Courts

The validity, interpretation and performance of the Agreement are governed by French law.

This applies to both substantive and procedural rules, notwithstanding the place of performance of the substantial or ancillary obligations.

Exclusive jurisdiction is granted to the courts with material jurisdiction within the territorial jurisdiction of the Aix-en-Provence Court of Appeal for any matter relating to the validity, interpretation, performance or non-performance of the Agreement, notwithstanding multiple defendants or third-party proceedings, including for urgent proceedings or protective proceedings, whether by interim relief or by petition.

For any questions regarding these Terms and Conditions, please contact us at:

[email protected]