Terms of Use for OnMyWay

1. Operator, contact details and scope

These Terms govern the use of OnMyWay, a digital matching service operated by:

“OnMyWay” is the product name of the service and is not a separate legal entity.

These Terms apply to the OnMyWay website, mobile application and the matching features made available from time to time. They are intended for natural persons using the service for private purposes. Commercial or professional transport offers are not covered and are prohibited without separate express approval and an additional agreement.

The platform contract is concluded upon registration after the user has had an opportunity to access and save these Terms and actively accepts them. Legally required information and the Privacy Policy are provided separately. Mandatory statutory rights remain unaffected.

2. Service and role of OnMyWay

OnMyWay provides technical functions that allow users to enter independently planned routes, find matching requests, exchange offers and contact each other directly.

OnMyWay is not a passenger carrier, postal operator, parcel, courier or freight service, or payment service provider. OnMyWay does not own vehicles used for user trips, assign drivers, employ or engage drivers for individual trips, take possession of parcels, store, pack, insure or transport items, or process payments between users.

OnMyWay is not a party to contracts between users concerning a ride, carriage or custody of an item, handover or payment. Only the participating users are parties to those contracts. OnMyWay’s own statutory and contractual duties as operator of the digital service remain unaffected.

OnMyWay does not guarantee that a match will be found or that an agreed ride or carriage will actually take place, be punctual, safe or performed in a particular manner.

3. Availability and territory

Features are offered only in the countries, regions and for the routes enabled in the service. Technical availability does not mean that a particular ride or carriage is lawful without a permit or further requirements.

Users are responsible for complying with the traffic, passenger transport, postal, road freight, customs, tax, sanctions, insurance and other rules applicable to them. OnMyWay may restrict or disable countries, regions, route types or features for legal, safety or technical reasons.

4. Minimum age and minors

An account may be created and used only by a person who is at least 18 years old and has full legal capacity.

A minor may travel only when actually accompanied by and under the responsibility of an adult account holder. The minor requires a separate seat and all legally required restraints. The accompanying adult must ensure parental consent and compliance with child-protection duties. Unaccompanied carriage of minors through OnMyWay is prohibited.

5. Registration, information and account security

Users must provide accurate, current and complete information and correct changes promptly. As a rule, each person may hold one account only. Accounts are personal and credentials must not be shared. Suspected misuse, loss of access or unauthorised access must be reported promptly.

Confirmation of an email address or telephone number confirms only that the channel can be reached. Unless OnMyWay states otherwise clearly and expressly, it does not verify identity, driving licence, vehicle registration, roadworthiness, insurance, ownership of or authority over a parcel, or other official documents. A profile, rating or technical confirmation is not a seal of approval or guarantee.

6. Independently planned route, matching and ranking

A driver may offer a ride or carriage only if the underlying route was already planned independently for the driver’s own purpose before a request was found through OnMyWay. Only after the route has been entered may OnMyWay display matching requests along it. OnMyWay does not assign a trip or require a driver to accept a particular route, person or parcel.

Route matching is a technical estimate based on information entered in the service and is intended to identify spatially and temporally compatible opportunities. It does not guarantee journey time, distance, accessibility, safety, reliability or suitability. Where results are ranked, the main ranking parameters and their relative importance are explained in an easily accessible manner where the results are shown.

7. Offer, acceptance and direct contract

The driver decides whether to send an offer to a matching user. The offer must include the information material to the decision, including the route or handover points, time, available seats or capacity and proposed cost contribution.

A direct contract between the participating users is concluded when the other user accepts the offer. OnMyWay records the match technically but does not perform the contract. A later status control such as “Pick up” or “Start” indicates the stage of performance only and does not create a contract with OnMyWay.

Users must agree material changes directly. Nobody is obliged to accept a materially altered service. Mandatory rights under the direct contract remain unaffected.

8. Cost contributions, payments and platform fees

The driver proposes the cost contribution. OnMyWay does not set the amount, collect or hold money, make payouts or currently receive a matching commission.

Payment is made directly between users by a method they lawfully agree. Each user is responsible for correct payment details, any required receipts, tax treatment and other personal legal obligations. OnMyWay owes neither collection nor repayment of an amount agreed between users.

Use of the OnMyWay digital service is currently free. Before any paid feature is introduced, its price, scope, term, termination and any right of withdrawal will be communicated separately and in good time. No payment obligation arises merely from an amendment to these Terms.

9. Private rides and statutory price limits

Drivers may use the private service only for non-commercial journeys. Cost contributions must not be intended to generate profit or constitute commercial passenger transport. Drivers must comply with every applicable permit and price limit in the country of the journey.

For rides governed by German law, the total consideration per kilometre travelled must not exceed the amount referred to in section 1(2)(1)(b) of the German Passenger Transport Act (PBefG) in conjunction with section 5(2), first sentence, of the Federal Travel Expenses Act (BRKG). The sum of all economic benefits received for the relevant journey is decisive; there is no separate maximum for each passenger. The current statutory amount is EUR 0.30 per kilometre; if the law changes, the then-current amount applies. For a 100-kilometre journey, the current maximum is therefore EUR 30.00 in total, not EUR 30.00 from each passenger. Until the legal position has been conclusively clarified, other benefits linked to the same journey, particularly contributions for the simultaneous carriage of items, must prudently be included in the aggregate assessment.

The driver remains responsible, particularly where several passengers participate, for ensuring that the aggregate statutory limit is met. A technical display or limit does not remove that duty. The private service must not be used for passenger transport requiring a permit or carried on commercially.

10. Driver duties for passenger rides

The driver must, in particular:

• hold a valid driving licence and every required authorisation;
• use a registered, roadworthy vehicle with adequate insurance for the particular use;
• comply with traffic law and all other applicable rules;
• carry no more than the permitted number of persons and provide an appropriate seat and seat belt for each passenger;
• clarify legally required child seats or restraints with the accompanying adult before departure;
• be sober, fit to drive and adequately rested;
• provide truthful information about the route, vehicle, space and cost contribution;
• respect passengers’ privacy, dignity and safety; and
• refuse or end a ride if it cannot be performed safely and lawfully.

OnMyWay does not continuously monitor these requirements or confirm them by displaying a profile.

11. Passenger duties

Passengers must, in particular:

• provide accurate pickup, destination, passenger-count, luggage and special-circumstance information;
• arrive at the agreed point on time and communicate changes promptly;
• use seat belts and legally required restraints;
• follow directions necessary for a safe and lawful journey;
• treat the vehicle and driver’s property with care;
• carry no dangerous, unlawful or unagreed items;
• pay the agreed contribution directly to the driver; and
• refrain from harassment, discrimination, threats, violence or other dangerous conduct.

12. Cancellation, delay and no-show

Before a ride or carriage begins, participating users may cancel their direct agreement using the provided function unless mandatory law provides otherwise. The other party must be informed promptly. OnMyWay currently charges no cancellation fee.

Repeated last-minute cancellations, material delay, no-shows or abusive requests may, where the moderation rules are applied proportionately, result in warnings or feature restrictions. Statutory claims arising from the direct contract exist only between the participating users and are neither created nor excluded by this clause.

13. Private carriage of parcels and items

Where enabled, this feature only helps a sender find a private driver whose independently planned route matches the requested carriage. The driver decides independently whether to accept and on what lawful terms. The contract for acceptance, custody, carriage and handover is concluded solely between sender and driver.

OnMyWay does not receive, open, inspect, pack, store, insure or transport the item and does not guarantee pickup, condition, transit time, handover or the identity or authority of sender, driver or recipient.

The feature may be used only occasionally, privately and non-commercially along an independently planned route. Commercial postal, parcel, courier, freight or delivery services, and any use requiring registration, a permit, special expertise or equipment, are prohibited through the private service. Enabling a feature is not an official confirmation of legality and does not release any user from statutory duties.

14. Duties of sender and driver concerning items

The sender must have lawful authority over the item, truthfully describe its contents, category, dimensions, weight, value and handling needs, package it safely, provide correct handover and recipient information, and comply with customs, import, export, sanctions, tax and permit duties. The sender must inform the recipient about the handover and any required disclosure of recipient data. The sender remains responsible for the contents, lawful carriage and packaging.

The driver may reject a request whenever there is doubt. If the driver accepts an item, it must be secured appropriately, protected from avoidable damage, loss and third-party access, and handled according to the agreed handover details. Delay, damage, loss or failed handover must be reported promptly. The driver must not open, use, substitute or hand the item to an unauthorised person without consent, must comply with applicable traffic, customs, sanctions, insurance and other rules, and must refuse unlawful, unsafe or uninsured carriage.

OnMyWay provides no transport or goods insurance. Sender and driver must check whether and to what extent insurance cover exists.

15. Prohibited items

Prohibited items include, in particular:

• unlawfully obtained, stolen or seized items;
• weapons, ammunition, explosives, fireworks and comparable dangerous items;
• flammable, explosive, toxic, corrosive, infectious or radioactive substances;
• illegal drugs and controlled or medicinal products that cannot lawfully be carried;
• cash, negotiable instruments, precious metals, high-value jewellery and comparable readily realisable valuables;
• passports, official identity documents and other particularly abuse-prone originals;
• live animals, human or animal remains, and medical or biological samples;
• perishable or temperature-controlled goods unless safe and lawful conditions are assured;
• counterfeit goods or items infringing third-party rights;
• items whose possession, carriage, export, import or handover breaches customs, sanctions, embargo, export-control or other rules; and
• items requiring a special permit, expertise or transport equipment where the requirements are not demonstrably met.

OnMyWay may block further categories for substantiated legal or safety reasons. Suspected cases may be rejected, blocked and reported to competent authorities where permitted or required by law.

16. Loss, damage and disputes between users

Claims concerning non-performance, delay, loss, damage, incorrect handover, payment or other breach of a direct contract are generally to be resolved between the participating users. Mandatory liability rules remain unaffected.

OnMyWay may provide available matching and status data to the extent permitted by law, but is not obliged to decide a private dispute, investigate facts outside the service, pay damages in place of a user or secure a settlement. Police or local emergency services should be contacted in cases of crime or immediate danger.

17. Contact and location data; external communication

Users may use received contact, location, pickup and destination data only for the specific match. Publication, advertising, profiling, tracking or unauthorised disclosure is prohibited. Where the feature allows it, users should choose a safe public meeting point rather than a private home address.

After a successful match, OnMyWay may enable users to communicate by telephone, SMS, WhatsApp, Telegram, Viber or another external service. OnMyWay does not operate those services, generally cannot view or secure that communication and is not responsible for their availability or their own data processing. Users choose the external channel themselves. OnMyWay’s responsibility for any transfer it initiates remains unaffected.

18. Ratings and user content

A rating may concern only an actual interaction matched through OnMyWay. Ratings, profile images and other content must be truthful, relevant and lawful. Fake or manipulated ratings, insults, threats, discrimination, hate speech, sexual harassment, defamatory allegations, third-party personal data without legal basis, advertising, spam, fraud, copyright infringement and other unlawful content are prohibited.

Where ratings are displayed, OnMyWay provides easily accessible information on whether and how it checks that they originate from persons who had an actual interaction. A rating may be removed or restricted if it breaches law or these Terms. A factual negative rating will not be removed merely because it disadvantages another user.

For the period during which content is provided, the user grants OnMyWay a non-exclusive, royalty-free licence limited to the territories technically required to store, copy, format, display and transmit the content only as necessary to operate, secure, moderate and present the service. The user retains all other rights. Statutory retention and necessary preservation of evidence remain unaffected.

19. Notices, moderation and complaints

Suspected illegal content may be reported using the reporting function in the service or by emailing contact@onmyway.dev with the subject “Illegal content notice”. A notice should include a substantiated explanation, exact location or content identifier, the notifier’s name and email address where legally required, and a statement that the information is accurate and complete to the best of the notifier’s knowledge.

OnMyWay reviews notices diligently, objectively and proportionately on the information available. Final moderation decisions are not currently made exclusively by automated means. Depending on the facts, content may remain available, have its visibility restricted, be removed or disabled; users may be warned, features restricted and accounts temporarily or permanently suspended. Enforcement takes account of the rights and legitimate interests of all parties, including freedom of expression.

Where required by law, the affected user receives a clear statement of reasons including the material facts, contractual or legal basis, scope of the measure and available remedies. Review may be requested by emailing contact@onmyway.dev with the subject “Appeal against moderation decision”. Statutory complaint and judicial remedies remain unaffected.

20. Prohibited use

In particular, users must not:

• use the service unlawfully, fraudulently, commercially or dangerously;
• evade price, safety, country, feature or account restrictions;
• use false identities, impermissible multiple accounts, manipulated ratings or misleading offers;
• scrape, send unauthorised automated requests, introduce malware, attack the service or bypass technical protection;
• reverse engineer except where mandatory law expressly permits it;
• harass, discriminate, threaten, assault, stalk or sexually abuse another person;
• use contact, location or profile data outside the particular match;
• offer routes not independently planned as a permanent or commercial transport service;
• offer or carry prohibited items; or
• commit payment fraud or demand an amount not agreed.

21. Safety, personal responsibility and absence of user verification

OnMyWay may review information, profiles and reports on a sample or event-driven basis but, unless specifically stated, does not generally pre-screen them. A listing, technical confirmation, rating or absence of reports does not guarantee a user’s identity, reliability, driving licence, insurance, vehicle condition, legality, solvency or actual conduct.

Users must decide for themselves whether to proceed with a particular ride or carriage. They may leave any unsafe or materially different situation. Local emergency or police services should be contacted in an immediate danger.

22. Rights in the service and licence to use it

OnMyWay’s software, design, trade marks, databases and other proprietary content are protected by law. For the duration of the platform contract, OnMyWay grants the user a personal, revocable, non-exclusive, non-transferable licence to use the service as intended for private purposes.

Sale or sublicensing of the service, use of another person’s account, copying substantial database parts and interference with source code or protective measures are prohibited except where mandatory law expressly permits them.

23. Availability, statutory remedies, modifications and updates

OnMyWay endeavours to provide reasonable availability. Maintenance, security measures, network or third-party failures and events beyond reasonable control may temporarily restrict the service. Specific uninterrupted availability is not promised.

Mandatory statutory rights concerning failure to supply, defects in digital products and required security or functionality updates remain unaffected.

OnMyWay may modify features beyond what is necessary to maintain conformity only for a valid reason, including improving security or usability, preventing abuse, or adapting to law, technology or changed user numbers. Modifications are made without additional cost and users are clearly informed. If a modification more than insignificantly impairs access or usability, the legally required advance notice on a durable medium and information on termination rights will be provided. Statutory rights, including under sections 327 et seq. BGB, remain unaffected.

24. OnMyWay’s liability

OnMyWay has unlimited liability for intent and gross negligence and for damage resulting from injury to life, body or health caused by an intentional or negligent breach of duty by OnMyWay, its legal representatives or agents. Liability under mandatory law, including product liability, and liability under an expressly assumed guarantee remain unaffected.

For a slightly negligent breach of an essential contractual duty, OnMyWay is liable only for loss typical of the contract and foreseeable when it was concluded. Essential duties are those whose performance is necessary for proper performance of the platform contract and on which users may ordinarily rely. Otherwise, liability for slight negligence is excluded to the extent permitted by law.

OnMyWay is not liable for a user’s act or omission merely because contact was made through the service. This includes performance or cancellation of a ride, driving, vehicle condition or insurance, a user’s conduct, the contents of an item, direct payment, loss, damage, delay or handover. This does not apply where loss results from OnMyWay’s own breach; the preceding liability rules remain controlling.

25. User responsibility

Each user is liable under applicable law for their own breach and damage they cause. A duty to indemnify OnMyWay for a third-party claim exists only where the user culpably caused the underlying infringement, OnMyWay is lawfully pursued as a result and the indemnity is legally permissible. Consumer rights and mandatory liability rules remain unaffected.

26. Term, termination, suspension and account deletion

The platform contract continues indefinitely. The user may terminate it at any time without notice through the account-deletion function provided in the service or by an unambiguous notice to contact@onmyway.dev.

OnMyWay may terminate on reasonable notice if the service is discontinued or materially redesigned. Temporary restriction, suspension or termination for cause is permitted on objective grounds, including serious or repeated breach of law or contract, danger to others, fraud, prohibited items or attacks on the service. Any measure must be proportionate. Where possible and reasonable, the user receives a prior warning or opportunity to respond, a statement of reasons and a review route.

Direct user contracts concluded before termination are not automatically cancelled. The participating users must resolve outstanding arrangements themselves.

Account deletion and erasure of personal data are carried out in accordance with the law. Permitted retention, preservation of evidence and third-party rights remain unaffected. Details appear in the Privacy Policy.

Where section 327p BGB applies, the user may request the return of non-personal content supplied or created by the user unless a statutory exception applies. It is provided free of charge, without hindrance, within a reasonable period and in a commonly used machine-readable format.

27. Privacy and external providers

Information on processing personal data is set out in the Privacy Policy. Acceptance of these Terms is not consent to optional advertising, analytics, location access or other processing not necessary for the contract.

External services, such as telephone, SMS or messenger providers and app stores, may also apply their own terms. Those providers are not parties to the platform contract between OnMyWay and the user.

28. Changes to these Terms

OnMyWay changes these Terms only for an objective reason, including new or modified features, security requirements, abuse risks, technical development or changes in law. Registered users are informed clearly of material changes, with reasonable advance notice on a durable medium.

A change materially shifting the contractual balance to the user’s detriment does not become effective without express acceptance where required. Statutory rights of termination, objection and other consumer rights remain unaffected. Continued use alone does not replace express acceptance where the law requires it.

29. Withdrawal and consumer rights

Where a statutory right of withdrawal exists in the particular circumstances, the user will receive a separate notice in the legally required form before the contract is concluded. These Terms do not restrict any statutory withdrawal right. Independently of that right, the currently free platform contract may be terminated at any time under section 26.

Mandatory consumer rights, including those relating to digital products and services, remain unaffected.

30. Governing law and jurisdiction

German law applies, excluding the United Nations Convention on Contracts for the International Sale of Goods. For consumers, this choice applies only to the extent that it does not deprive them of protection afforded by mandatory provisions of the law that would apply without the choice.

Statutory places of jurisdiction apply to consumers. Exclusive jurisdiction in Berlin is agreed only with merchants, legal persons under public law or special funds under public law and in other cases permitted by statute.

31. Consumer dispute resolution

The operator is neither willing nor obliged to participate in dispute-resolution proceedings before a consumer arbitration board. The legally required information is also available in the Legal Notice. No link is provided to the discontinued European ODR platform.

32. Language, partial invalidity and version

These Terms are provided in German and as English and Ukrainian translations. The German text is the authoritative source version. Mandatory consumer protection and language-related information duties remain unaffected.

If a provision is wholly or partly invalid, the remaining provisions continue to apply. Statutory law replaces the invalid provision.

Version 1.0 applies from 7 September 2026. Earlier versions will be archived with their periods of application and made available on request.