The OkCommuter application and website (the "Service") are provided by Cosmic Threads, Lda. ("OkCommuter", "we", "us"), a private limited company with registered office at Rua José António Cruz, 112 1º Esq., 4715-343 Braga, Portugal, registered at the Conservatória do Registo Comercial de Braga under the sole registration and tax number (NIPC) 518048373, with a share capital of 250,00 €. Email: [email protected].
These Terms of Service ("Terms") are the contract between you and us. You accept them when you create an account, by ticking the box "I accept the Terms of Service" during signup. We record the version you accepted and the date. You can read, save and print these Terms at any time at okcommuter.com/Terms (English) and okcommuter.com/Termos (Portuguese). Both versions have the same content; if they differ, the Portuguese version prevails.
How we use your personal data is explained in the Privacy Policy.
OkCommuter is a technology platform that puts people who travel similar routes in touch so that they can share a car for their daily commute. Through the Service you can:
We are not a transport operator, taxi or ride-hailing (TVDE) service and we are not a party to the rides. Each ride is agreed directly between the driver and the passengers, on a cost-sharing basis and without profit for the driver.
To use OkCommuter you must:
The account is free. Keep your password and your devices safe; tell us straight away at [email protected] if you think someone else is using your account. You can close your account at any time in the app (Profile → Security → Delete account) or on the website; see section 13.
When you use OkCommuter you must not:
Section 9 explains how you can report a breach and what we may do about it.
You confirm that you are legally allowed to drive the vehicle and that it is insured and roadworthy. The contribution you ask from passengers must only cover a fair share of the real costs of the trip (fuel, tolls, wear) and must not be a fare. You are responsible for driving safely and for complying with the law during the ride.
You agree to be at the pickup point on time, to pay any contribution you agreed with the driver and to follow reasonable safety rules (for example, wearing the seat belt).
The app suggests a contribution per passenger based on the distance of the ride and the official average fuel price published by the Portuguese energy authority (DGEG). This is an estimate; the contribution, if any, is the amount you agree with the driver. To keep rides within cost sharing, the app does not accept contributions above a maximum per passenger: half of the estimated cost of the trip (fuel plus an allowance for tolls and wear), shown when you create a ride.
The Service is free for users: we do not charge any fee per ride or for the account. OkCommuter is funded by subscriptions paid by the companies and organisations that use it for their members (see section 7.2).
The app does not currently process payments between users. Any contribution to the costs of a ride is agreed and settled directly between the driver and the passengers, within the limits of section 6. If we start processing payments in the app (through a regulated payment provider), we will first update these Terms with the applicable rules on fees, cancellations and refunds, following section 14.
Companies and organisations (for example employers) can subscribe to OkCommuter so that their members can share rides within a private group. The subscription is agreed in a separate contract between us and the organisation and costs nothing to the members. If you join an organisation's group, you accept that the group's administrators, appointed by the organisation, can see in the admin area your name, email, member number (if the organisation uses one) and the date you joined, in order to manage who belongs to the group. They cannot see your rides, messages or ratings. The organisation only receives aggregated, anonymised metrics about its group, never data about individual members or rides. You can ask the group's administrators, or us at [email protected], to remove you from the group at any time. More details are in the Privacy Policy.
After a ride you can rate the people you travelled with. Ratings must be honest and respectful. We may remove ratings or comments that break these Terms or the law, following section 9.
Anyone can tell us about content or behaviour on OkCommuter that they consider illegal or contrary to these Terms. In the app, use the Customer Support option in the menu (☰) to describe what happened. Anyone, with or without an account, can also write to [email protected], explaining why the content is illegal or not allowed, where it is (e.g. the ride, the message and its date), and giving their name and email (except for reports about child sexual abuse material), with a statement that the report is accurate and made in good faith. We send a confirmation of receipt.
Reports are reviewed by people at OkCommuter, diligently, objectively and without undue delay; we do not use automated tools to take moderation decisions. Depending on how serious the case is we may: remove or hide content, warn the user, temporarily limit features (for example the chat or offering rides), or suspend or close the account (section 13). We tell the person who reported the decision. When we restrict a user we send them a clear statement of the reasons, the facts and the rule broken, and how to contest it. You can contest any decision by replying to that email within six months; another person will review it. You can also use the out-of-court options in section 15 and the courts.
If we become aware of information suggesting a crime involving a threat to someone's life or safety, we inform the competent authorities.
Our single point of contact for users and for the authorities of the EU Member States, the European Commission and the European Board for Digital Services (Digital Services Act, arts. 11 and 12) is [email protected]. You can write to us in Portuguese or English.
The app, the website, the OkCommuter name and logo and their content belong to us or to our licensors. You may use them only to use the Service. Content you publish (e.g. messages and ratings) remains yours; you allow us to store and show it to the users concerned in order to provide the Service.
We provide the Service with care and in accordance with the law, including your rights as a consumer to a digital service that is in conformity with the contract (Decree-Law 84/2021). If the Service is not in conformity, contact us and we will fix it; you keep all the legal remedies available to you.
Because we are not a party to the rides, we do not check driving records, vehicles or insurance and we are not responsible for what users do or fail to do during a ride, except where we contributed to the damage through our own fault. The driver's mandatory motor insurance covers damage caused to passengers and third parties in an accident.
Nothing in these Terms excludes or limits our liability for death or personal injury caused by us, for damage caused intentionally or with gross negligence, or any other liability that cannot be excluded by law, nor your statutory rights as a consumer.
You are responsible, under the general law, for damage you cause to other users, to third parties or to us by breaking these Terms or the law.
By you: you can close your account at any time, free of charge, in the app (Profile → Security → Delete account) or on the website. What we delete and what we have to keep is explained in the Privacy Policy.
By us: we may suspend features or the account, or terminate this contract, only for a valid reason: a serious or repeated breach of these Terms, fraud or misuse of payments, a risk to the safety of other users, or a legal obligation or an order of an authority. Before doing so we will tell you the reasons and, where possible, give you time to respond; when there is an urgent risk to other people's safety or a legal obligation we may act immediately and give you the reasons right after. You can contest the decision as described in section 9.2.
If we decide to stop providing the Service altogether we will tell you at least 30 days in advance.
We may change these Terms to reflect changes in the law or in the Service. We will tell you by email and in the app at least 30 days before a change takes effect, explaining what changes; changes required by law may apply sooner. If you do not agree, you can close your account free of charge before the change takes effect. For important changes we will ask you to accept the new Terms in the app.
If something goes wrong, contact us first at [email protected]. You can also file a complaint in the electronic complaints book (Livro de Reclamações Eletrónico) at www.livroreclamacoes.pt.
If you are a consumer, you can use an alternative dispute resolution (RAL) entity for consumer disputes:
More information about RAL entities is available on the Consumer Portal, www.consumidor.gov.pt.
These Terms are governed by Portuguese law. If you are a consumer, you also keep the protection of the mandatory rules of the country where you live, and you can bring proceedings in the courts that the law makes competent, including those of your place of residence.
If a clause of these Terms is found invalid, the others remain in force. Not enforcing a right straight away does not mean we waive it.