Terms of Service
DRAFT TEMPLATE — This is not legal advice. Consult your attorney before publishing.
Last Updated: February 2025
1. About Drivana
Drivana (“Platform”, “we”, “us”) operates a peer-to-peer car sharing marketplace that connects vehicle owners (“Hosts”) with individuals seeking to rent vehicles (“Renters” or “Customers”). Drivana is a neutral marketplace platform and is NOT a car rental company.
2. Platform Role & Disclaimer
Drivana is NOT responsible for:
- Losses, damages, theft, injury, or disputes between Hosts and Renters
- The condition, safety, legality, or availability of any listed vehicle
- The accuracy of listing descriptions, photos, or host representations
- Income guarantees for Hosts or vehicle availability for Renters
- Actions or omissions of any user on the platform
To the maximum extent permitted by applicable law, Drivana disclaims all liability for any claims arising from the use of the platform or transactions between users.
3. User Accounts
Users must provide accurate information, maintain account security, and comply with these terms. A single account may be used as both Host and Renter. Email verification is required. Phone verification is required for Renters and recommended for Hosts.
4. Bookings & Payments
Bookings are subject to Host availability and acceptance (or instant booking if enabled). Payments are processed through Stripe. A service fee is charged to Renters and a commission is deducted from Host earnings. All fees are displayed transparently before checkout.
5. Cancellations & Refunds
Cancellation policies (Flexible, Moderate, Strict) are set by each Host and displayed before booking. Refunds are processed according to the applicable cancellation policy. Drivana reserves the right to issue refunds in cases of safety concerns or policy violations.
6. Insurance & Liability
Renters must select a coverage option before booking: Platform Coverage (Basic, Standard, or Premium) or Bring Your Own Insurance. Platform coverage is provided through third-party insurance partners. Drivana does not guarantee the adequacy of any coverage. Users are responsible for ensuring compliance with local insurance requirements.
7. Listing Standards
Hosts must provide truthful, accurate listings. Misrepresentation of vehicle condition is prohibited. Photo enhancements are labeled as “enhanced for clarity” and must not misrepresent vehicle condition. Drivana reserves the right to remove listings that violate these standards.
8. Security Deposits
Security deposits are authorized (held) on the Renter’s payment method but not captured unless damage is reported and validated through the dispute resolution process. Deposits are released after trip completion.
9. Dispute Resolution
Disputes between Hosts and Renters should first be addressed through in-app messaging. If unresolved, either party may escalate to Drivana support. Drivana may mediate disputes but is not obligated to do so. Final resolution may require arbitration as specified below.
10. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, Drivana’S TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT OF FEES PAID BY THE USER IN THE 12 MONTHS PRECEDING THE CLAIM. Drivana SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES.
11. Indemnification
Users agree to indemnify and hold harmless Drivana, its officers, directors, employees, and agents from any claims, damages, or expenses arising from their use of the platform or violation of these terms.
12. Acceptable Use
Users may not use the platform for illegal activities, fraud, harassment, or any purpose that violates applicable laws. Violation may result in account suspension or termination.
13. Modifications
We may update these terms at any time. Continued use of the platform constitutes acceptance of updated terms. Material changes will be communicated via email.
This document is a DRAFT template and does NOT constitute legal advice. You should consult with a qualified attorney before using these terms in a production environment.