Safety & Community Rules for OnMyWay

1. Purpose, scope and relationship with the Terms of Use

These Safety & Community Rules supplement and clarify the OnMyWay Terms of Use. They are intended to help ensure that contacts, private rides and — where enabled — the occasional private carriage of permitted items are arranged and carried out in a safe, respectful and lawful manner.

The Rules apply to all OnMyWay users and to interactions initiated through OnMyWay, including where subsequent communication takes place by telephone, SMS, messenger or another external communication channel.

These Rules do not replace statutory law. Mandatory law and the Terms of Use prevail in the event of any conflict.

OnMyWay provides a digital matching service. OnMyWay does not itself provide passenger transport or carriage of items, does not assign drivers and does not become a party to agreements concluded between users. OnMyWay’s own statutory and contractual duties as operator of the digital service remain unaffected.

2. Core community principles

All users must treat other people respectfully, fairly and responsibly.

In particular, the following are prohibited:

• threats, violence or threats of violence;
• harassment, intimidation or stalking;
• sexual harassment, sexual assault or unwanted sexual conduct;
• discriminatory, dehumanising or hateful statements or conduct;
• deliberate humiliation or intimidation of another person;
• pressure, coercion or manipulation relating to a ride, carriage, payment or disclosure of personal data;
• retaliation against a person who has submitted a rating, report or complaint in good faith.

Nobody is required to continue a ride, meeting, handover or other interaction if the situation appears unsafe, unlawful or materially different from what was agreed.

3. Accurate information, personal accounts and identity

Users must provide truthful, current information that is necessary for the relevant feature.

The following are prohibited in particular:

• use of a false identity;
• impersonation of another person;
• unauthorised use of another person’s account;
• misleading information about a route, vehicle, available seats, meeting point, item or cost contribution;
• manipulated or fictitious rides, requests, offers or ratings;
• circumvention of account suspensions or other safeguards through new, third-party or multiple accounts.

Confirmation of an email address or phone number only means that the communication channel can be reached. Unless expressly stated otherwise, OnMyWay does not thereby confirm a user’s identity, driving licence, vehicle registration, insurance, vehicle condition or other official requirements.

4. Independently planned and private rides

OnMyWay is intended for private, non-commercial matching.

A driver may offer a ride through OnMyWay only where the underlying route was already planned independently for the driver’s own purpose before any request was found through OnMyWay.

OnMyWay must not be used to create rides on a continuing or commercial basis, to broker drivers as a business, or to offer passenger transport requiring a permit under the guise of a private ride.

Cost contributions and other economic benefits must comply with the Terms of Use and all applicable statutory requirements and price limits.

5. Safety before a passenger ride

Before a ride, drivers and passengers should carefully check the information available for the particular match.

This includes in particular:

• the agreed meeting point;
• the destination or agreed destination area;
• the time;
• vehicle information;
• number of persons;
• available seats;
• material luggage information;
• the agreed cost contribution.

Where possible, a safe, publicly accessible and clearly visible meeting point should be chosen.

If the person, vehicle, meeting point or material conditions do not correspond to the confirmed arrangement, nobody is required to enter the vehicle, take another person or continue the ride.

A user may end the arrangement at any time where there are concrete safety concerns.

6. Driver duties and safe conduct

Drivers are responsible for ensuring that they meet the legal requirements applicable to the particular ride.

In particular, a driver must:

• hold a valid driving licence and any required authorisation;
• use a properly registered and roadworthy vehicle;
• have the insurance cover required for the particular use;
• comply with applicable traffic rules;
• carry no more than the legally permitted number of persons;
• provide each passenger with an appropriate seat and legally required restraint;
• be sober, fit to drive and adequately rested;
• avoid dangerous distraction and use electronic devices only to the extent permitted by law;
• respect the safety, privacy and dignity of all passengers;
• refuse, interrupt or end a ride if it cannot be carried out safely and lawfully.

A driver must not drive in particular where fitness to drive is impaired by alcohol, illegal drugs, medication, fatigue or other circumstances.

Display of a driver profile by OnMyWay does not confirm that these requirements are met.

7. Passenger duties and safe conduct

Passengers must:

• provide accurate information about the number of persons travelling;
• communicate relevant luggage information or special circumstances in good time;
• use legally required seat belts and restraint systems;
• follow instructions necessary for a safe and lawful ride;
• not dangerously distract or obstruct the driver;
• respect the vehicle and the driver’s property;
• not carry unlawful, dangerous or unagreed items;
• respect other passengers.

Aggressive conduct, property damage, physical confrontation or other conduct that endangers a safe ride is prohibited.

8. Minors

Under the Terms of Use, an OnMyWay account may be used only by a person who is at least 18 years old and has full legal capacity.

Minors must not be carried unaccompanied through OnMyWay.

They may participate only as accompanying passengers under the actual supervision and responsibility of an adult account holder.

The accompanying adult is responsible in particular for:

• ensuring any required consent of the person or persons with parental responsibility;
• providing a separate lawful seat for the child;
• ensuring any legally required child seat or other restraint system;
• complying with all other statutory safeguarding duties.

9. Meeting points, location data and privacy

Personal location, contact, pickup and destination information may be used only for the particular match.

The following are prohibited in particular:

• publishing another user’s private home address;
• using phone numbers or contact details for advertising;
• disclosing such data to unauthorised third parties;
• tracking or observing a person outside the particular match;
• stalking or unwanted contact after the interaction has ended;
• publishing location, vehicle or profile data for the purpose of identifying, intimidating or harassing a person.

Where the feature permits, exact private addresses should be used or disclosed only when they are actually necessary for the confirmed match.

A public or neutral meeting point should be preferred where a private address is not required.

10. Photos, videos, audio recordings and publication

Other users must not be secretly recorded, monitored or publicly exposed without the necessary legal authority.

In particular, private conversations must not be recorded without a legally permissible basis.

Photos, videos, audio recordings, phone numbers, private addresses or other personal information concerning another person must not be publicly disseminated or used for unrelated purposes without the required authorisation.

Mandatory legal powers, including lawful evidence preservation and disclosure to competent authorities, remain unaffected.

11. Private carriage of items

This section applies only where the relevant feature is actually enabled in OnMyWay.

The feature is intended exclusively for occasional private carriage along a route that was already independently planned.

The sender must in particular:

• have lawful authority over the item;
• describe the contents and category truthfully;
• state dimensions, weight, value and special risks accurately;
• package the item appropriately and safely for the particular ride;
• provide correct handover and recipient information;
• comply with applicable customs, sanctions, import, export, tax and permit requirements;
• inform the recipient about any required disclosure of the recipient’s data.

The driver decides independently whether to accept an item. Where there are doubts about its contents, origin, legality, packaging or safety, the carriage may and should be refused.

Enabling the feature by OnMyWay is not an official confirmation that a particular carriage is lawful.

12. Prohibited items

Items must not be offered or accepted through OnMyWay where their possession, carriage or handover is unlawful or excluded by the Terms of Use.

The following are prohibited in particular:

• stolen, unlawfully obtained or seized items;
• illegal drugs and controlled substances or medicines carried unlawfully;
• weapons, ammunition, explosives, fireworks and comparable dangerous items;
• explosive, flammable, toxic, corrosive, infectious or radioactive substances;
• cash, negotiable securities, precious metals, particularly valuable jewellery and comparable readily realisable valuables;
• passports, official identity documents and other original documents particularly susceptible to misuse;
• live animals;
• human or animal remains;
• medical or biological samples;
• counterfeit goods or items infringing third-party rights;
• goods whose import, export, possession, transfer or carriage breaches customs, embargo, sanctions or export-control rules;
• items requiring a special permit, expertise or transport equipment where those requirements are not met.

Perishable or temperature-controlled items may be carried only where safe and lawful conditions are actually ensured.

OnMyWay may restrict additional categories for objectively justified legal or safety reasons.

13. Handover and handling of items

An accepted item must be appropriately secured and protected against avoidable damage, loss and unauthorised access.

Without the sender’s consent, a driver must in principle not:

• open the item;
• use it;
• substitute it;
• alter it;
• hand it to an unauthorised person.

Statutory obligations and lawful measures by competent authorities remain unaffected.

Delay, damage, loss or inability to complete the handover must be communicated promptly to the other participating person.

OnMyWay does not provide transport or goods insurance. Drivers and senders must determine themselves whether insurance cover exists for the particular carriage.

14. Payments, fraud and financial safety

In the current version, OnMyWay does not process payments between users. Agreed payments are made directly between the participating users.

The following are prohibited in particular:

• payment demands materially different from the confirmed arrangement;
• forged payment receipts;
• fraudulent repayment or refund claims;
• phishing;
• requests to disclose passwords, TANs, one-time codes or full access credentials;
• fraudulent payment links;
• deception concerning identity, bank details or payment status;
• other payment or identity fraud.

Users should not disclose account credentials, security codes or online-banking login details to other users.

15. Ratings and other user content

Where ratings or reviews are enabled in the service, they may relate only to an actual interaction matched through OnMyWay.

They must reflect the genuine experience and must not be manipulated, purchased, coerced or used as leverage.

The following are prohibited in particular:

• fictitious ratings;
• coordinated rating manipulation;
• threats of a negative rating to obtain an advantage;
• insults;
• unlawful threats;
• hate speech or discriminatory content;
• defamatory or knowingly false statements of fact;
• publication of private contact details or addresses;
• unlawful photos or other content;
• spam and advertising;
• infringement of copyright, trade marks or other third-party rights.

A factual negative rating does not breach these Rules merely because it is disadvantageous to the rated user.

16. Technical abuse and manipulation

OnMyWay’s technical infrastructure must not be misused.

The following are prohibited in particular:

• malware;
• phishing;
• unauthorised automated access;
• scraping except where permitted by mandatory law;
• manipulation of matching, rating, reporting or safety functions;
• circumvention of technical safeguards;
• attacks on accounts, systems or infrastructure;
• unauthorised collection of other users’ personal data;
• use of the service to prepare or carry out unlawful acts.

17. Danger, criminal conduct and emergencies

OnMyWay is not a police, rescue or emergency service.

Where there is an immediate threat to life, health or safety, users should not wait for a response from OnMyWay and should contact the appropriate local authorities or emergency services immediately.

Within the European Union, 112 is the general emergency number. In Germany, 110 may additionally be used for police emergencies.

Where it is safe to do so, the incident may also be reported through OnMyWay.

18. Reporting content or conduct

Users may report in particular:

• suspected illegal content;
• threats or violence;
• harassment or stalking;
• sexual harassment;
• discrimination or hate speech;
• fraudulent conduct;
• false identities;
• dangerous driving;
• prohibited items;
• abusive ratings;
• other breaches of these Rules or the Terms of Use.

The “Report Content or Behaviour” area is intended for such reports. Until a functional electronic reporting route is available there, a report may be sent to contact@onmyway.dev with a sufficiently clear subject line.

A report should be as specific as possible and, where available, identify the relevant match, user, content, URL or other unique information.

A report made in good faith is not a breach of these Rules merely because the suspicion is later not confirmed.

Knowingly false, manipulative or harassing reports may themselves constitute a breach of the Terms of Use.

19. Illegal content and breaches of platform rules

A breach of these Community Rules does not necessarily amount to a breach of law.

OnMyWay may consider action both in relation to suspected illegal content and in relation to a breach of validly incorporated Terms of Use or Community Rules.

For notices concerning suspected illegal content, the applicable statutory requirements also apply, including Regulation (EU) 2022/2065 (Digital Services Act), to the extent that it applies to the relevant service and circumstances.

20. Review and possible measures

Following a report, or where OnMyWay otherwise becomes aware of a possible breach, OnMyWay may review the matter on the basis of the information available.

Depending on the nature, severity and circumstances, possible measures may include in particular:

• no action;
• guidance or warning;
• removal or restriction of user content;
• restriction of individual features;
• temporary account restriction;
• temporary account suspension;
• permanent account suspension or termination of the platform contract;
• preservation of necessary information;
• reporting or disclosure to competent authorities where required or permitted by law.

When selecting a measure, OnMyWay considers in particular:

• the nature and severity of the breach;
• concrete risk to other persons;
• frequency and repetition;
• context and available evidence;
• previous breaches or warnings;
• whether a less intrusive measure is available;
• the rights and legitimate interests of affected persons.

Moderation and enforcement measures should be taken diligently, objectively, non-arbitrarily and proportionately. Legally protected rights and interests, including freedom of expression, are taken into account.

21. Reasons for and review of decisions

Where required by law or provided for by the Terms of Use, OnMyWay informs an affected person about a moderation or account measure and its material reasons.

The information may include in particular:

• the measure taken;
• the content, conduct or account concerned;
• the material factual reasons;
• the rule or legal basis applied;
• the duration or scope of the measure;
• available review or complaint options.

You can request a review on the Appeal a decision. You can also email contact@onmyway.dev with the subject “Appeal against moderation decision”, as described in the Terms of Use.

Where statutory requirements concerning an internal complaint-handling system apply to OnMyWay, the rights and procedural requirements under those rules will be respected.

Other statutory remedies and access to competent authorities and courts remain unaffected.

22. No safety guarantee and no general pre-screening

OnMyWay may use technical safety measures, checks or event-driven reviews.

Unless expressly stated otherwise, OnMyWay does not generally pre-screen every user, vehicle, driving licence, insurance policy, item or interaction.

A profile, rating, technical confirmation or absence of previous reports therefore does not guarantee a user’s identity, reliability, safety, legality or actual conduct.

This does not exclude OnMyWay’s own statutory duties or any liability that cannot lawfully be excluded.

23. Changes and version

These Rules may be amended for an objective reason, including:

• new or modified features;
• new safety risks;
• recurring patterns of misuse;
• technical developments;
• changes in law.

Material changes will be communicated in accordance with the Terms of Use and applicable statutory requirements.