Terms of Use:
Trafi for Business

Last update: 27/04/2022

1. Contractual Relationship

1.1 These terms of use (“Terms of Use”) are a legal agreement between Trafi AG (“Trafi”) and You (“You”, “Your”), setting out the terms of use of the digital multimodal mobility platform – application (“Trafi for Business App”) and all related content, websites, information, included mobility services, products and other related services (collectively, the “Services”) available on the  Trafi for Business App owned by Trafi,  its entities and affiliates, and made available to You.

PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY ARE A LEGAL AGREEMENT BETWEEN YOU AND TRAFI. IF DO NOT AGREE WITH THIS TERMS OF USE PLEASE DO NOT USE OR ACCESS THE TRAFI FOR BUSINESS APPLICATION. 

1.2 By accessing or using the Services, You confirm Your agreement to be bound to these Terms of Use. If You do not accept these Terms of Use, You should stop using the Services immediately.

1.3 These Terms of Use define the access and usage rights and duties for You over the Trafi for Business and its Services which are owned by Trafi. 

2. The Service

2.1 Services are the (i) Trafi for Business App available for the User, and (ii) Information on the Mobility Budget assigned to You by the Corporation (your employer) and ability to pay for Mobility Services by using this budget in the Trafi for Business App and optionally outside the App via Virtual Card; (iii) all related content, websites, information, included products and services which You may use or access through/in the Trafi for Business App. Mobility Services means different transport options from the public transport to services provided by the Mobility Services Providers (“Mobility Services”). Your Corporation may approve other mobility related services as part of Mobility Services (e.g. refueling, EV-charging) to be purchased using Mobility Budget with the Virtual card outside the App.

2.2 Trafi for Business App – the platform-application owned, developed and deployed by Trafi and in which different transportation options are integrated and through which You will be able to use the Mobility Budget assigned to You by the Corporation. This application is a digital multi-platform solution, available for instance, on Android and iOS, that uses real-time data to, amongst other services, help users to plan travel and commuting routes, to find and book available , Mobility Services, access Mobility Services in the App and outside the App with Virtual Card and to purchase that transportation by using the Mobility Budget assigned to You by Your Corporation. The App also provides users with transport related information, including live, offline and online map information, routing, live arrivals and departures and estimated time and costs.

2.3 You are provided with the access to the Trafi for Business App with full functionalities as described under these Terms of Use on the basis of the agreement with your Employer, i.e. any legal person or entity, including private or public company, corporation, organization, associations and other type of enterprise (hereinafter – Corporation), who has assigned You the Mobility Budget and the right to use this budget through Trafi for Business App. The definition of employer in this context includes any Corporation where You work or with whom You have an agreement, civil or otherwise,  to perform functions at any level or grade in the Corporation and/or its affiliates, including senior managers, officers, directors, employees (whether permanent, fixed-term or temporary), or members, consultants, contractors, trainees, seconded staff, homeworkers, casual workers and agency staff, volunteers, interns, agents, or any other person associated with the Corporation, or any of their subsidiaries or their employees. 

2.4 The Mobility Budget is assigned to You by the Corporation and may be used via the Trafi for Business App as a payment method or outside Trafi for Business App via a Virtual Card, if such is available, to pay for (1) Non-business related transportation as “Leisure trips” and assigned by Your Corporation as a benefit to You or/ and (2) For business related transportation as “Business trips” assigned to cover transportation costs related to performing of your functions to Employer; (3) for commute related transportation as “Commute” trips assigned by  Your Corporation as a benefit to cover commuting costs. Depending on the Corporation’s decision all or only some of the trip options may be used through Mobility Budget. More particular definition of trip types (Leisure, Business and Commute) and which type of trips shall be selected in which cases shall be defined by Your Corporation and be in line with legal requirements.

2.5 Trafi provides You with the access to use the Mobility Budget as a payment method for using Mobility Services (i) in the Trafi for Business App and (ii) optionally outside Trafi for Business App via issued Virtual Cards (additional actions shall be taken and special terms and conditions of the bank will apply). In all cases You are allowed to use the Mobility Budget only to purchase the Mobility Services either in or outside Trafi for Business App. In case you will use the Mobility Budget to purchase other types of services or goods, the spendings for these services will be recovered by You personally or from Your personal account.

2.6 The monetary value of the Mobility Budget as well as terms and conditions on the use of it  are decided at the sole discretion of the Corporation and are subject to its internal regulations and agreements. Please take into consideration that the Corporation may define what type of expenses and fees are covered by the Mobility Budget and when and what expenses or charges shall be covered by You. IN EACH CASE ALL ADDITIONAL CHARGES AS DETERMINED IN TERMS AND CONDITIONS OF MOBILITY SERVICE PROVIDERS (e.g. charges for parking in not allowed area, etc.), PENALTIES AND DAMAGE CAUSED BY YOUR ACTIONS SHALL BE PAID BY YOU DIRECTLY.

When using the transportation services and making the bookings of the services You should always monitor the remaining limit of the Mobility Budget and check if it will cover your planned expenses, otherwise You may be requested to cover the overspend amount.

2.7 The Corporation, at its sole discretion, decides on providing You with access rights to the Trafi for Business App, allocation of a budget to You, and/or otherwise process or use Your data or approach You and Trafi has no liability of any kind neither control over (i) Your relationship with the Corporation, (ii) the valid, legitimate and/or legal existence of any relationship of any kind between You and the Corporation, (iii) the budget selected for You or the terms for usage (iv) the Corporation’s Policies, HR practices or other applicable laws, procedures or internal agreements of the Corporations; or (v) any personal data processing or otherwise means or decisions defined by the Corporations to use the Mobility Budget Service or Your data.

2.8 Trafi provides to You with a Trafi for Business App account enabling You to use different Mobility Services provided by Third parties – either different integrated Mobility Service Providers and Public Transport Operators, or through integrations with their Intermediaries (in these Terms collectively referred to as “Mobility Service Providers”). To use these Mobility Services You will have to agree to the Terms and Conditions of each Mobility Service Provider and will enter into direct agreements with them. BY ORDERING A SPECIFIC SERVICE IN THE TRAFI APP You UNDERTAKE TO CONDUCT, CONSENT AND ENTER INTO AN AGREEMENT WITH THAT THIRD PARTY SERVICE, BY ACCEPTING THE PROVIDER TERMS. At the same time, by ordering these services while using our Trafi for Business App or by other means through Trafi, You confirm that You have authorized Trafi to perform actions on your behalf to purchase Your required Third Party Services (e.g. transportations services).

2.9 Trafi facilitates the Services as described above and enables Your connection with the Mobility Service Providers, their Intermediaries, Payment Service Providers, and/or other Third Parties, such as public ticketing services and/or Corporations (collectively, the “Third Parties Service(s)”), as well Trafi enables Your access, use of their Services, such as transportation, payments and mobility budget. Therefore, You ACKNOWLEDGE that Trafi has no control over Third Party Service products, content or services and these services shall never be considered as a service of Trafi.

THE THIRD PARTIES SERVICES ARE INDEPENDENT FROM TRAFI AND, IN NO WAY, TRAFI WILL BE RESPONSIBLE FOR, LIABLE FOR THE THIRD PARTIES SERVICES. THE THIRD PARTIES SERVICES ARE FULLY RESPONSIBLE FOR THEIR OWN SERVICES AND ITS AVAILABILITY, AND LEGAL TERMS, INCLUDING BUT NOT LIMITED TO, TERMS OF USE, TERMS AND CONDITIONS AND PRIVACY POLICIES.

2.10 Trafi may provide You with the Legal Terms of the Third parties such as Terms of Use and Privacy Policy and/or support Third parties by obtaining Your consent. Trafi shall not be liable for any Legal Terms of Third Parties and their content or any their practise.

Trafi may provide support to You regarding Third Party Service Providers to the extent of Trafi’s knowledge, expected and reasonable as well as required by law and by these Terms of Use. In case You have any issues, problems or concerns, You may contact Trafi by email at clients@trafi.com

2.11You will use and get access to our Services and You will be able to add Your data in accordance with these Terms of Use. 

3. General Provisions

3.1 You must be at least EIGHTEEN (18) YEARS OF AGE WHEN YOU USE THE SERVICE. IF YOU ARE NOT, YOU MUST IMMEDIATELY STOP USING OUR SERVICES.

3.2 You may be asked to provide Your valid Driver’s License or ID document to Third Party for the usage of their services according to their Legal Terms, including Privacy notice. In this case, either Trafi, a Third Party Service and/or a provider acting on Trafi’s behalf, may request You to provide YOUR DRIVER’S LICENSE by different means, including by requesting You to fill in Your data in a digital form, by requesting You to scan it and/or make a video take a photograph, or make a copy of it. We may request personal data such as Your name, date of birth, document date of issue, expiration date and number. We may also request Your facial photograph and/or video. This data will  be used for instance checks and identity verification purposes, when required for the use of Third Party Services (e.g. Mobility Services which can be used only with a Driver’s license). You may note able to use some of our Services if You do not provide us with this information. 

3.3 If You download or use the Service, Trafi may process Your personal data to ensure the technical connection to the  Services, the security of the  Services, the optimization and/or functionality of the  Services.

3.4 Trafi for Business App and its Services also make use of Your PRECISE LOCATION AND ROUTE INFORMATION, which is captured by GPS signals, device sensors, Wi-Fi access points, and tower ids, among others to allow You to get and order the Services available in the platform. You can disable or enable this function at any time. If You disable the function Trafi will not collect Your location any further. However, in this case, Trafi would show general information only and You won’t be able to request services, as we need to process Your location for the purpose of suggesting available services near You. Therefore certain functionalities of this device cannot be provided without this technology. See the Privacy Policy.

3.5 If You choose to CREATE AN ACCOUNT, You must provide Trafi with personal data, including but not limited to Your mobile phone number. You acknowledge that this data is necessary to create an account and for all related purposes, including security of our Services and/or contact with You, as well as to purchase your required Services. For more information, see the Privacy Policy In case of changes, You shall update Your provided personal contact data.

3.6 If You choose to APPLY FOR VIRTUAL CARD, You must provide Trafi with personal data requested by the Payment Service Provider. You acknowledge that this data will be provided to the relevant Payment Service Provider in order to provide you with the Trafi branded Virtual card issued by the Payment Service Provider. For more information, see the Privacy Policy. In case of changes, You shall update Your provided personal contact data.

3.7 As part of the Service, Trafi may contact You directly, including by displaying information in the Trafi for Business App, by contacting You via email and/or other use the contact that we received directly from You or on Your behalf, to notify You about CHANGES AND/OR UPDATES ABOUT THE SERVICE. This includes updates on ours or any Third Party Services Terms and Conditions, Privacy Policy and/or service maintenance information. Additionally we can contact you with regards to INFORMATION RELATED TO YOUR USE  OF THE SERVICES, such as information about your current budget, amongst other. These notifications are strictly necessary for Trafi to accomplish its obligations and rights defined in this Terms of Use. Therefore, You cannot opt-out of receiving such service messages.  

3.8 Trafi may also contact You to notify You about INFORMATION RELATED TO OUR OFFERINGS, OUR PROMOTIONS AND SERVICES AND/OR INFORMATION RELATED TO YOUR ACCOUNT AND YOUR TRIPS, including the details of Your trip (e.g. status of a trip or to inform You that a car You requested is arriving). You can opt-out of receiving some of these notifications as permitted in our app settings and in the emails sent by Trafi.

3.9 Trafi provides support to You via its dedicated channels, described in these Terms of Use and Trafi For Business Privacy Policy, so You can enter into contact with us and request support. By contacting our CUSTOMER SERVICE OR REQUESTING TRAFI’S SUPPORT, via email, in-app chat or by other means, Trafi will assess, answer and/or address Your questions, but Trafi shall not incur any liability or responsibility whatsoever, including for any delay or for lacking information, for the services provided by Third parties such as Mobility Service Providers. 

4. Intellectual Property Rights and Licensing

4.1 Trafi shall reserve the intellectual property rights, including without limitation, all rights to patents, copyrights, trade secrets, trade dress, trademark, and other intellectual property rights to the Trafi for Business App, and any changes thereto. This applies, in particular to the Trafi for Business App, including any adjustments if any. Trafi is irrevocably, perpetually and exclusively entitled to all rights pertaining to further developments and/or improvements made to the App.

4.2 You recognize and agree that under these Terms of Use You do not have any property rights over the Trafi for Business App, only the right to limited use in accordance with these Terms of Use. You may use the Trafi for Business App provided by Trafi only for the purposes set out in the Terms of Use. 

4.3 Any modification of the Trafi for Business App and any other material that belongs to Trafi or its affiliates and is provided in the App is strictly prohibited under these Terms of Use.

4.4 You agree that You will not submit confidential or otherwise protected ideas or information in our Trafi for Business App, including in our comments, feedback and/or customer support sections. You acknowledge and agree that the content and information You submit in our Trafi for Business App will automatically become property of Trafi, without any compensation to You. 

4.5 Any offensive and/or inappropriate content will be removed by Trafi at any time at its sole discretion. Continuous abusive behavior will not be tolerated and may result in permanent account deactivation. 

5. User Rights, Restrictions, and Obligations  

5.1 You may use the Services provided by Trafi only for the purposes set out in the Terms of Use which are to (i) access and use the Trafi for Business App solely in connection with the use of the Services; and (ii) access and use any content and related-information that we made available through the Services, in each is solely for Your personal and non-commercial use, unless prior written consent by Trafi. 

5.2 You shall be granted a limited, non-exclusive, non-transferable, non-commercial, personal and revocable right of use of the Trafi for Business App. You may not transfer or sub-license this right to use the Trafi for Business App and to allow Your account to be used by others.

5.3 You shall not be authorized: (i) to decompile, disassemble or reverse engineer of our Services (or any part thereof); (ii) to create a browser, frame, or border environment around the Services; (iii) to use the Services for any purpose other than the purposes set in these Terms of Use; (iv) to distribute, perform, sell, resell, lease, transmit, rent, lend, stream, reproduce, modify, adapt, duplicate, prepare derivative works based upon, broadcast, modify, copy or otherwise exploit the Services, excepted as permitted by this Terms of Use; (v) to link, remove, or frame any copyright or other intellectual property rights from the Service or a portion of the Service; (vi) to attempt to gain or to gain unauthorized access to the Service, its data and systems or conducting any ilegal, unlawful or unauthorized activity; (vii) to use the Service in connection with any spam, unsolicited email, fraud, including financial fraud and identity fraud, similar conduct and/or make available or collaborate to make available any virus, worm, malware or any harmful, malicious, defective and/or disruptive invasive or computer code, file, application or program and/or component in our Service; (viii) to disrespect or violate any other User’s Rights or Applicable Laws or Regulations, including Individual’s Privacy, Data Protection, and Intellectual Property Rights, whether manually or with the use of any technology such as a robot, spider, crawler, site search or retrieval application, or other automatic device or process to access the Service. 

5.4 If You fail to comply with these Terms of Use, You may be responsible for charges as well as You may be temporarily suspended, permanently blocked or we may delete Your account, at our own description.

6. Third-Party Services 

6.1 You request to and You agree that, whenever applicable by these Terms of Use and at Trafi’s sole discretion, Trafi must execute and/or order the Service on Your behalf, including by paying Your Service to the Public Transportation Ticketing Services, or by ordering Mobility Services. Therefore, You acknowledge that Trafi may process and store Your personal data, including ticket information (e.g. ticket ID and barcode) trip information (e.g. order ID and details, bill, date and time); transport information (e.g. vehicle model, image, fuel type and plate number); amongst others. You also acknowledge and agree that this information may be used by Trafi (i) to disclose to Third Party Services (as described in section 6.2.); (ii) to comply with its legal obligations and rights; and (iii) in a case of a dispute.  

6.2 You agree that Trafi must transmit, transfer or otherwise disclose Your personal data to the Third Party Service. In particular, Trafi may exchange Your personal data with Transport Services which may include Your user and booking IDs, access token, order details, account number, trip start and finish times and coordinates, cost of journey, Your plate number, vehicle model, image and fuel type, Terms of Use and Privacy Policy key, version and acceptance date and time and/or other Personal Data.

6.3 Trafi provides access to Third Party Services through our Trafi for Business App that Trafi has no control over.

6.4 Trafi shall not be responsible or liable, directly or indirectly, for any loss or damage whatsoever caused, or alleged to be caused, by or in connection with use of, reliance on, or otherwise related to any service, content, products, goods, other materials or any activity provided by or through Third Party Service Providers.

By selecting or using a Third Party Services in or through Trafi for Business App (such as buying a public transport ticket or renting a transport) You enter into agreement with Third Party and Trafi has no control or responsibility on how and on what basis Your personal data are used by Third Parties. It is regulated by Legal Terms (including Privacy Policy) of Third Parties.

7. Disclaimer, Warranties, and Limitation of Liability 

YOU ACKNOWLEDGE AND AGREE THAT THE SERVICE IS PROVIDED WITHOUT WARRANTY OF ANY KIND. TRAFI DOES NOT WARRANT THAT THE SERVICE IS SUITABLE FOR USE BY YOU AND/OR FREE OF DEFECTS OR ERRORS. IN ADDITION, TRAFI DOES NOT GUARANTEE CONTINUOUS AND UNINTERRUPTED USE AND/OR ACCESS TO THE SERVICE AND DISCLAIM ALL WARRANTIES OR REPRESENTATIONS REGARDING THE RESULTS OF THE USE OR ACCESS TO THE SERVICES. TRAFI ALSO  DOES NOT GUARANTEE THE SAFETY, ABILITY, CORRECTNESS, FUNCTIONALITY, TRUTHFULNESS, QUALITY AND TIMELY PERFORMANCE OF  THE SERVICES (AND ANY PART THEREOF).

7.1 You Acknowledge that Trafi may collect public transport and real time data from public sources. Trafi does not warrant nor guarantee any information provided through its Service, including, but not limited to, any public transit information and/or any dynamic information, and assumes no liability, with respect to such information, as this information is based on the data provided to the public by any Third Parties Services, including public transport operators, therefore may be changed at any time beyond any control of Trafi. Among others, Trafi makes no representation regarding the actual arrival or departure of the public transit lines to the respective transit lines stops, nor regarding their respective routes. By using Trafi You acknowledge and understand that the information presented on Trafi should be used for general informational purposes only and You should not rely on the accuracy of such information for the decision making. Trafi takes no responsibility for updating or correcting any such information once it has been given.

7.2 Trafi reserves the right to modify, correct, amend, enhance, improve and/or make any other changes to the Services (or any part thereof) at any time at its sole discretion without any notice to You. You agree that Trafi shall not be liable to You or any other party for any modification, suspension or discontinuance of the Service.

7.3 Trafi shall neither be held responsible nor liable for the accuracy of the data provided in its Services. Trafi algorithms work in a way to logically provide the suitable route close to You; however, it is up to You to decide whether to take the provided route or not.

7.4 These Terms of Use do not address, and Trafi shall not be held responsible for, the privacy, information or other practices of any Third Party Services, including any third party operating any site or service to which Trafi links.

7.5 The Service availability depends on various factors, including hardware, software and third parties services and providers. Trafi does not guarantee that its services will operate at all times without any disruption or interference and does not undertake the obligation to provide updates, bug fixes, or the Services changes, unless to the extent otherwise defined by Trafi in another legal document. 

7.6 You shall not hold Trafi liable to You for any losses, claims or demands, legal fees arising from the use or access to the Services. The liability clauses are regulated in terms of Service availability by the agreement with Your Corporation.

8. Indemnity 

8.1 In the event that You fail to comply with any of the terms set out herein, You will be held liable to Trafi for any loss or damage, including direct and indirect damages, arising from the breach of these Terms of Use.

8.2 You agree to indemnify Trafi against any special, incidental, direct, indirect, consequential damages, including losses, liabilities and expenses arising in connection with Your use, misuse or access to the Service (or any part thereof) and/or Your violation of this Terms of Use.

8.3 In case of any damage to transport or to the Mobility Service Providers in connection with Your usage of mobility services or by other means, You are directly responsible for covering direct or indirect damages, paying fines, fees, penalties or other claims made by Third Parties under their Legal Terms or in accordance with the law.

9. Data Protection and Privacy

9.1 Trafi’s processing of personal data in connection with these Services is described in Trafi for Business Privacy Policy.

9.2 You agree to provide correct, complete, up-to-date and accurate personal data, including Your account information, in particular contact details such as Your phone number, and to maintain the confidentiality and security, including of Your Password and Username, of Your personal data and Your account in our Services. Trafi is under no obligation to review or control incorrect, incomplete, outdated and inaccurate personal data provided directly by You, unless otherwise required by applicable laws.

9.3 In case You obtain any personal data while using the Services, You shall be responsible and liable for the lawful processing of that data. Trafi claims no liability or responsibility for the lawfulness of any personal data processing related to this relation.

10. Severance

If any provision of these Terms of Use (or part of any provision) is found by any court or other authority of competent jurisdiction to be invalid, illegal, or unenforceable, that provision or part-provision shall, to the extent required, be deemed not to form part of the Terms of Use, and the validity and enforceability of the other provisions of the Terms of Use shall not be affected.

11. No Partnership or Agency

Nothing in these Terms of Use is intended to or shall operate to, create a partnership between the parties, or to authorize either party to act as agent for the other, and neither party shall have authority to act in the name or on behalf of or otherwise to bind the other in any way (including the making of any representation or warranty, the assumption of any obligation or liability and the exercise of any right or power).

12. Termination of Access and Account

12.1Trafi reserves the right to temporarily or permanently terminate and/or revoke Your access to, Your account and Your possibility to use the Services provided by Trafi, at any time for any reason. It also may be done by Corporation’s sole discretion. After revoking the access, You shall no longer be able to use our Services. 

12.2 Trafi may, at its sole discretion at any time, delete Your account, unless otherwise defined by Trafi or by law. 

13. Updates to these Terms of Use

Trafi may change these Terms of Use from time to time. If Trafi makes changes, it will provide You with a notice, such as by sending a push notification in Your app or updating the date at the top of this Terms of Use. The “Last updated” legend at the top of this page indicates when it was last revised. The revised Terms of Use will be effective immediately and if You continue to access or use the Services, You will confirm Your acceptance of the changes. If You do not agree to the new Terms of Use, You must stop accessing or using our Services immediately.  

14. Terms of Use and Other Legal Documents  

These Terms of Use do not supersede or otherwise do not impact the enforceability of any agreement You may have with Trafi or its partners, including the mobility services providers or other Third Party Services providing transport or other relevant services You have access or use through the Trafi for Business APP.

15. Dispute Resolution

15.1 Any dispute, claim or controversy related to these Terms of Use, or prior versions of the Terms of Use, of Trafi, Trafi for Business App and/or its Services shall be settled by negotiation between You and the Company via email at clients@trafi.com.

15.2 In case it is not possible to settle the dispute in the above manner, it shall be solved using the Online Dispute Resolution platform managed by the European Commission. In this platform You may also find more information regarding consumer rights, dispute resolution as well as the national contact point in Your country.

15.3 If You have used Trafi and have experienced issues or problems, including with the Mobility Service Provider, You may contact Trafi via the means mentioned above.

16. Governing Law and Jurisdiction

Any dispute relating to these Terms of Use, previous versions, the use or access of Trafi for Business and/or other Services provided by the Trafi shall be governed by, and construed in accordance with, the law of Switzerland.

17. Contact

You can contact Trafi via email at clients@trafi.com.

BY LOGGING INTO THE TRAFI FOR BUSINESS OR ITS SERVICES  OR OTHERWISE GETTING ACCESS OR USING IT, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO THE CONDITIONS SPECIFIED ABOVE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU SHALL NOT USE THE SERVICES.