B2B Regulations

TERMS OF SERVICE FOR USING ITAXI SERVICES

for business clients from the enterprise segment and small businesses.

Definitions

iTaxi – iTaxi.pl Sp. z o.o., headquartered in Warsaw, ul. Wernyhory 13, 02-727 Warsaw.
iTaxi Application, Application – the iTaxi software and service used for ordering passenger transport services and concluding passenger transport agreements by Users whose mobile devices have the capability to connect to the Internet.
Passenger, User – a registered user in the iTaxi Application who orders a Service and concludes a passenger transport agreement using the iTaxi Application or iTaxi telephone center.
Driver – a licensed taxi driver who can accept passenger transport orders from the Passenger and provide transport based on a separate cooperation agreement with iTaxi.
Mobile Devices – portable devices that allow for wireless Internet connectivity, which the User uses or may use to access the iTaxi Application.
Service, Passenger Transport Service – the transport service provided to Passengers by the Driver using a taxi (as defined in Article 2, point 43 of the Act of 20.06.1997, Road Traffic Law, Dz.U.2018.1990 consolidated text of 17.10.2018, in connection with Article 4, point 1 of the Act of 06.09.2001 on road transport, Dz.U.2007, No. 125, item 874).
Service Recipient – a natural person, legal entity, or organizational unit with legal capacity conducting business activities. For the purposes of these terms and the agreement between the Service Recipient and iTaxi, the Service Recipient refers to an entity with a business profile in the Application and logged into that profile. The Service Recipient designates Passengers authorized to use the Service.
Application Terms – the terms of use for the iTaxi application, constituting the general terms containing detailed provisions and conditions regarding the use of the iTaxi Application and all related functionalities and services, available on the iTaxi website at https://itaxi.pl/en/regulations/

Ordering and Providing Services

iTaxi provides the Service to the Service Recipient via the Application or the iTaxi telephone center under the conditions specified in these terms. For proper execution of the Service, iTaxi may subcontract its execution to a Driver indicated using the Application’s functionality.
These terms define the rules for iTaxi to provide access to the Application for Users to order the Service using the Application’s functionality. To the extent not regulated by these terms, the rules for using the Application, services provided via the Application, and related rights and obligations are governed by the Application Terms, which apply accordingly, especially to Service Recipients, Users, and Passengers mentioned in these terms. Provisions of the Application Terms regarding the iTaxi Ticket service defined in the Application Terms do not apply. In case of conflict, the provisions of these terms take precedence over the Application Terms.
The Service Recipient designates in the iTaxi Application the Users (Passengers) authorized to use the Service and to enter into a passenger transport agreement on behalf of the Service Recipient. The Service Recipient is responsible for the actions and omissions of the Users (Passengers) they designate as their own actions.
iTaxi provides the iTaxi Application to the Service Recipient free of charge for use on Mobile Devices, with the proviso that:
- mobile data transmission costs may be incurred according to the Internet provider’s tariff;
- iTaxi may charge a fee for placing and canceling an order under the terms specified in the Application Terms.
For the purpose of providing the Service, iTaxi hereby grants the Service Recipient a non-exclusive, non-transferable, non-sublicensable license to use the Application for the duration of the Service, limited to the territory of the Republic of Poland.
To use the Service, the Service Recipient creates an administrative User account in the Application. To enable access to the administrative User account, iTaxi will generate an individual login and password for the Service Recipient. Using the administrative User account, the Service Recipient can manage authorizations for other Users designated by them to use the Application, including ordering Services independently on behalf of the Service Recipient. Each Service Recipient commits to ensuring the confidentiality of all logins and passwords for the Application. The Service Recipient acknowledges that they will be responsible for all actions and omissions of persons to whom they have provided their logins and passwords. These terms pertain to the creation of a business account (business profile).
The Service is ordered on behalf of the Service Recipient by an authorized User using the Application’s functionality or the dedicated phone number +48 737 737 737 or the web panel, according to their individual preferences in selecting a Driver.
Using the iTaxi Application, the Passenger orders the Service by filling out the form and clicking the “ORDER” button, thereby expressing the intention to enter into a passenger transport service agreement. The Passenger’s information is displayed to the logged-in Driver, who confirms their intention to perform the Service by pressing the “ACCEPT ORDER” button. The Passenger receives a feedback message immediately after the Driver accepts the order, along with information about the Driver’s current location and details for identification (name, vehicle type, license plate number). The Passenger can also connect directly with the Driver at any time by pressing the “CALL” button. The Driver who accepted the Service is obligated to arrive at the location indicated by the Passenger to conclude the transport agreement. The passenger transport agreement is concluded through the declarations of intent: the Passenger by pressing the “YES” button, confirming the Service order and accepting all terms of these terms, and then the Driver by pressing the “ACCEPT ORDER” button, confirming the receipt of information from the Passenger and agreeing to perform the service.
Using the Application requires an active Internet connection and a functioning Mobile Device. The Passenger is responsible for ensuring that their device meets technical requirements, is configured correctly, has up-to-date software, and has Internet access. The costs of purchasing the mobile device and Internet connection, for which the operator or provider may charge additional fees, are borne entirely by the Service Recipient or User.

Settlements

The settlement of the Service is based on the agreement between the Service Recipient and iTaxi for the passenger transport service. The settlement is based on the price list applicable to the respective Driver. The full price list is available on the Driver’s vehicle window; the iTaxi Application only provides information about the rate per kilometer traveled in the so-called Day Tariff (from 6:00 AM to 10:00 PM every day except Sundays and holidays). iTaxi reserves the right to change the settlement method.
For the completed Service, the Service Recipient will pay iTaxi a fee calculated based on the price lists used by the Drivers, depending on the number and course of the actual transport services performed. An 8% VAT will be added to the fee due to iTaxi. The provisions of the Application Terms regarding the iTaxi Ticket service defined in the Application Terms do not apply to the settlement of the Service fee.
The fee for the completed Services, along with the added VAT, will be charged to the Service Recipient’s credit card account registered by the Service Recipient in the iTaxi Application after the Service is performed, at least once a month or through other mobile payments if available in the Application.
Service fees will be settled in monthly billing periods. Within 7 days of the end of the calendar month, iTaxi will issue and send an invoice documenting all passenger transport services performed during that month to the email address specified in the Application. The Service Recipient consents to receiving invoices electronically via email in PDF format.

Assurances and Obligations

iTaxi will strive to ensure the highest availability of the Application and to promptly address any malfunctions caused by the improper functioning of the Application. Subject to mandatory legal provisions, neither the Passenger nor the Service Recipient has the right to claim continuous and uninterrupted availability of the Application.
iTaxi reserves the right to partially or fully suspend the operation of the Application without individual notification to the Service Recipient and the Passengers designated by them. In the event of the complete suspension of the Application’s operation, an appropriate notice will be published on the www.iTaxi.pl website informing about the cessation of the Service offering by iTaxi. Drivers, Service Providers, and the Passengers designated by them do not have, subject to mandatory legal provisions, any right to claims due to the suspension of the Application’s operation and the cessation of Services by iTaxi Sp. z o.o.
iTaxi reserves the right to modify and further develop the Application and to expand the profile of the Service provided through the Application. Such changes can be introduced to the Application at any time.
Before using the Service, the Service Recipient and Passenger are required to read these terms as well as the Application Terms. Using the Service requires the registration of the Service Recipient’s account (as a business profile) and the designated Passengers by providing accurate information, including the Passenger’s personal data (name, surname, and phone number). Registering an account (business profile) is tantamount to accepting these terms and the Application Terms. These terms and the Application Terms, along with relevant declarations, are provided during the Service Recipient’s account registration process.
The Service Recipient is obligated to provide complete and accurate personal data regarding themselves and the Passengers as required by iTaxi and to verify and update this data without any prompts from iTaxi.
The Service Recipient and each User are obligated to use the Application only in a manner consistent with its intended purpose and are not authorized to decompile, examine, or modify the Application, interfere with it in any other way, or violate the proprietary copyrights to the Application. The Service Recipient or User will not, either alone or with third parties, alter, circumvent, or break the security measures of the Application, nor will they negatively impact the Application by causing damage or overloading it. The Service Recipient may not use the Application to order freight transport services.
The Service Recipient and User do not have any rights to the software provided by iTaxi, which remains the property of iTaxi. It is prohibited to copy, modify, distribute, or reproduce the provided software in whole or in part.
The Service Recipient should not allow third parties to access the Service and the Application. The Service Recipient is solely responsible for the confidentiality and security of their profile and must promptly inform iTaxi of any unauthorized use of their profile in the Application by third parties.
Any violation of the law by the Service Recipient or Passenger while using the provided Application releases iTaxi from liability to third parties and any potential legal representation costs that iTaxi would incur in such a case. The Service Recipient is obligated to cover the damage to iTaxi resulting from any breach of the Application use rules by the Service Recipient or Passenger.
The Service Recipient is required to promptly inform iTaxi if third parties are to assert claims against iTaxi due to a violation of the law by the Passenger.
The Passenger may not process or use the personal data of other Application Users, including other Passengers and Drivers, that are provided during the use of the Application.
iTaxi is not responsible for the authenticity, accuracy, and completeness of the data transmitted via the Application between the Passenger and Driver. iTaxi is also not responsible for the timely receipt of data (by both the Passenger and the Driver).
iTaxi is responsible for damage to computer hardware or software resulting from the use of the Application only if caused intentionally by iTaxi.
Subject to mandatory legal provisions, iTaxi is not responsible for data loss on mobile devices. Securing such data is the responsibility of the Service Recipient, Passenger, and Driver.
Subject to mandatory legal provisions, iTaxi is not responsible for the content and links to websites owned by third parties that are placed on the www.iTaxi.pl website.
Subject to mandatory legal provisions, iTaxi is not responsible for the content published and disseminated by Service Recipients, Passengers, and Drivers within the Application; this responsibility lies solely with the Service Recipients, Passengers, and Drivers who post them. iTaxi reserves the right to immediately remove publications that are in any way contrary to the law, violate generally accepted norms and principles of social coexistence, as well as moral and customary norms. It is prohibited for Application users (Passengers, Service Recipients, and Drivers) to provide unlawful content.

Data Protection

The administrator within the meaning of Article 4(7) of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons concerning the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (hereinafter referred to as the Regulation) concerning the personal data of the Service Recipient, who is a natural person conducting business activity, is iTaxi.pl Sp. z.o.o., headquartered in Warsaw, ul. Wernyhory 13, 02-727 Warsaw. iTaxi processes the following personal data of the persons mentioned in this point: name, surname, company name, address, VAT number, phone number, email address, locations, coordinates of the pickup point, and destination coordinates, as well as data related to the travel time (e.g., pickup time and arrival time at the destination). iTaxi processes personal data as necessary for account registration, placing orders, fulfilling the service agreement, including billing, accounting and financial reporting, and pursuing claims. Providing this personal data is essential to conclude and fulfill the service agreement, and its processing is based on Article 6(1)(b) of the Regulation.

Regarding Users (Passengers), iTaxi, considering point 36, may process personal data in the form of location, coordinates of the pickup point, and destination coordinates, as well as data related to travel time (e.g., pickup time and arrival time at the destination) and, in the case of contacting through the call center, also the voice. For Users (Passengers) who are not Service Recipients, the Service Recipient is obligated to inform them about processing their personal data mentioned in this section of the terms “Data Protection.”

iTaxi processes the personal data provided by the Service Recipient, who is a legal entity or an organizational unit without legal personality, of the persons authorized to act on behalf of the Service Recipient, i.e., name and surname, and contact persons on the Service Recipient’s side, i.e., name and surname, phone number, email address, in connection with the conclusion of the service agreement as a separate administrator based on Article 6(1)(f) of the Regulation, i.e., the legitimate interest of the administrator understood as the necessity to verify persons authorized to act on behalf of the Service Recipient and the necessity to contact the Service Recipient in matters related to the performance of the service agreement. The Service Recipient is obligated to provide the information mentioned in this section of the terms “Data Protection” to persons who have not concluded a service agreement.
iTaxi retains the personal data of the persons mentioned in points 30 and 31 only for the period necessary to provide the services, pursue claims, and comply with legal requirements, including tax regulations, or for the period necessary to achieve other purposes for which, according to iTaxi’s Privacy Policy, the administrator may process the data. After these periods, the personal data will be deleted.
Persons mentioned in points 30 and 31 have the right to request iTaxi access to their data, obtain a copy of the data, request correction if the data is incorrect or incomplete, and, in cases specified in the Regulation, the right to object to the processing, request deletion of personal data, request restriction of processing, and the right to data portability. Persons mentioned in points 30 and 31 have the right to lodge a complaint with the supervisory authority concerning the processing of their personal data.
iTaxi also partially uses external service providers who may process the personal data of the persons mentioned in points 30 and 31 on behalf of iTaxi, e.g., hosting service providers, email service providers, accounting service providers, payment service providers. However, the transfer of data may only serve the purpose of providing their service. iTaxi uses only the services of entities that ensure sufficient guarantees for the protection of the rights of the data subjects. The processing of personal data by these entities is based on written agreements concluded with iTaxi. These entities comply with iTaxi’s guidelines and are subject to audits conducted by iTaxi. Since the taxi service may also be provided through entities operating taxi corporations or other subcontractors, the data may be transferred to such entities for further transfer to drivers. For purposes arising from the legitimate interests pursued by iTaxi, such as the pursuit of claims, your personal data in the scope of identification, address, and contact data may be transferred to debt collection companies and other entities providing services related to debt collection. The data may also be transferred to authorities that may request it according to legal regulations. iTaxi also has a fan page on the Facebook website to which links contained in the Service direct. In this regard, data such as name and surname or email address may be collected and then made available to the operator of the Facebook service, and in such a case, the data processing is carried out to use the administrator’s page on Facebook and marketing with the help of Facebook. Similarly, the indicated data may be transferred to other similar social networks and the entities operating them.
Based on the personal data of the persons mentioned in points 30 and 31, iTaxi does not make automated decisions, including decisions resulting from profiling within the meaning of the Regulation, except that:

data may be profiled to provide personalized content in the Application, i.e., to implement the Application’s function of presenting taxi service offers that best meet the Passenger’s preferences – applies to the situation of introducing such functionality in the Application
data on how the Application and services offered through the Application are used, as well as contact data, may be used to send personalized messages regarding the use of the services. Such processing is necessary for the performance of the agreement to use the Application or another electronically provided service, according to the content of Article 22(1)(a) of the Regulation;

The administrator within the meaning of the Regulation regarding the personal data of Passengers provided to iTaxi by the Service Recipient is the Service Recipient. iTaxi processes the personal data of Passengers based on written data processing agreements on behalf of the administrator concluded with the Service Recipient.
In connection with iTaxi’s use of Google services, e.g., G Suite services, data may be transferred outside the EEA. The guarantees ensuring an adequate level of protection result from commitments to apply standard contractual clauses adopted by the (EU) Commission or the entity’s participation in the Privacy Shield program established by the (EU) Commission Implementing Decision 2016/1250 of 12 July 2016 on the adequacy of the protection provided by the EU-US Privacy Shield.
All personal data is processed by applicable laws on personal data protection, in particular, according to the provisions of the Regulation. iTaxi ensures adequate protection of processed personal data, including using appropriate technical and organizational measures to ensure the security, confidentiality, and integrity of personal data, including protection against unauthorized access, unlawful or unauthorized processing, accidental loss, unauthorized alteration, destruction, or damage. Other information and principles related to the processing and protection of personal data are available in the Privacy Policy posted on the website – please read it.
iTaxi declares that it has appointed a Data Protection Officer as referred to in Articles 37-39 of the Regulation. Contact details of the Data Protection Officer: Adam Klimczak, email address: [email protected].

Complaint Procedure

iTaxi applies the following complaint procedure:

Complaints should be submitted via the form available at https://itaxi.pl/reklamacja/ or by email to [email protected].
The complaint should include: Passenger’s details, including the email address to which the response will be sent, the User’s company details (company name, VAT number/REGON), detailed information about the ride subject to the complaint (date, time, route), and a description of the reason for the complaint.
iTaxi will respond to the complaint within 14 days of its submission. The response will be sent to the email address provided by the complainant in the complaint submission, with the proviso that the response to the complaint will be given to the person representing the User regarding the conclusion and performance of the business travel agreement concluded with iTaxi.pl.
For proper consideration of the complaint, iTaxi may ask the complainant to provide additional written information or submit additional documents if obtaining them is necessary for the proper handling of the complaint.

Final Provisions

The Passenger is authorized to provide a fair evaluation of the Service, the quality of the Drivers’ work, and the vehicle. The Passenger agrees to provide only truthful information.
The Service Recipient and the Passenger agree to the publication of Passenger ratings in the iTaxi Application and on the www.iTaxi.pl website.
If any provision of these terms (or part of any provision) is found by a court or other competent authority to be invalid, unenforceable, or illegal, the other provisions will remain in effect and will be considered binding and enforceable. The invalid, unenforceable, or illegal provision will be replaced by another provision that best matches the economic and business purpose of using the Service and the iTaxi Application.
iTaxi reserves the right to change the content of the terms. iTaxi will inform about changes to the terms on the website: www.iTaxi.pl and in the iTaxi Application. The new terms will be effective from the day the new version is posted on the website: www.iTaxi.pl and in the iTaxi Application unless a different effective date is indicated when posting the new version or informing about the changes to the terms. The notice of change will indicate the scope of the changes made. Along with the notice and the indication of the effective date, a new version of the terms will be posted. The current version of the terms, as well as information about any changes and their effective dates, are available at https://itaxi.pl/. iTaxi ensures constant access to the terms on the website: www.iTaxi.pl and in the iTaxi Application, including the ability to download them in PDF format. Logging into the iTaxi Application signifies acceptance of the terms in their current version. Similar rules apply to the Application Terms and are indicated in the Application Terms.
The Service Recipient has the right to submit a written objection to the changes made to the terms within 7 days from the date of their publication. Submitting an objection will automatically terminate the rights to use the Service and the Application by the Service Recipient and the Users designated by them. Failure to submit an objection results in the changes to the terms becoming effective after the objection period expires.
iTaxi reserves the right to suspend the provision of Services and block access to the Application immediately in case of a violation of these terms by the Service Recipient, particularly if there are insufficient funds in the Service Recipient’s credit card account to pay for the Services performed, which persists for more than 3 calendar days.
The governing law for these terms will be Polish law.
To use the iTaxi Application, a mobile device with Android or iOS and an Internet connection is required.
The Service Recipient ensures and guarantees that Passengers will familiarize themselves with these terms and the Application Terms before using the iTaxi Application and that they will comply with them, as well as comply with the agreement resulting from using the iTaxi Application.