Last Updated: 02/07/24
This PCONN App Inc’s (PCONN App) Driver Addendum is an addendum to the Agreement between you and PCONN App, and it sets forth additional terms and conditions that are applicable to your provision of Rideshare Services through the PCONN App Platform. Capitalized terms herein have the meaning set forth in the Agreement. This addendum replaces and supersedes any “Commission Schedule” or prior Driver Addendum that you have previously agreed to.
You are entitled to a Driver Fare for the Rideshare Services you perform for Riders, as provided in the Agreement and this Driver Addendum. The “Driver Fare” for a completed ride consists of a base fare or pickup fare amount, plus incremental amounts based on the actual distance of the ride, as measured by PCONN App or, as described below, the Upfront Driver Fare. If applicable, the base fare, pickup fare, and/or distance amounts are shown in a rate card (the “Rate Card”) in your Driver dashboard. If expressly provided in your Rate Card, you may earn incremental amounts based on the actual distance between the pickup location and destination of the ride. The Rate Card amounts displayed in your driver dashboard are personal to you. The Rate Card amounts may vary based on factors such as the market where you provide Rideshare Services. The rates from the market in which you pick up the Rider will apply to that ride. Please note that some larger markets have different rates for different sub-regions within the larger market. In that case, the rates from the sub-region in which you pick up the Rider will apply to that ride. In certain situations, the Driver Fare may be predetermined (such as a flat rate trip), or subject to certain minimum or maximum amounts as described to you in your Rate Card. In some situations where a Rider cancels a ride request that you have accepted, you may earn a cancellation fee. See the Cancellation and no-show fee policy for drivers in the PCONN App Cancellation/No Show Policy for details. In those cases, you will earn a Driver Fare in the amount of the cancellation payment set forth in your Rate Card. At PConn App’s discretion, the fare you will receive for a ride will be quoted to you before you accept the ride request (the “Upfront Driver Fare”). The Upfront Driver Fare may be calculated using several factors, including estimated distance, pick up distance, and other real-time market conditions. Upon acceptance of this ride request and completion of the ride, you will be paid the Upfront Driver Fare unless there are significant changes to the trip. For example, and for illustration only, if a Rider changed the pickup/destination or a stop was added/changed your Upfront Driver Fare may be increased or decreased, as applicable, post-ride to compensate for significant changes to the trip. Your Rate Card may not be set or available to you until you are an approved driver, and you agree PConn App makes no representation or warranties concerning the Rate Card amounts. Your Rate Card amounts are subject to change in PConn App’s discretion and any changes shall be published on the Rate Card. By continuing to use the PConn App Platform, you are deemed to accept these changes.
In addition to the Driver Fare, you will receive additional payments, if applicable, including: (i) any tips provided by a Rider to you, (ii) any surcharges we collect for remittance to you, (iii) any tolls, damage, or similar charges we collect on your behalf, and (iv) any bonuses or incentives you earn based on your provision of Rideshare Services.
PCONN App will collect payments owed to you by Riders and other third parties as your limited payment collection agent and you agree that the receipt of such payments by PCONN App satisfies the payer’s obligation to you. PCONN App reserves the right to adjust or withhold all or a portion of a Driver Fare or other payment owed to you (except tips) (i) if we believe that you have attempted to defraud or abuse Riders, PCONN App, or PCONN App’s payment systems, (ii) in order to resolve a Rider complaint (e.g., you took an inefficient route or failed to properly end a particular instance of Rideshare Services in the PCONN App application when the ride was over), or (iii) if you end a ride at a location that is different than the destination submitted through the PCONN App App. PConn App’s decision to adjust or withhold the Driver Fare or other payment in any way shall be exercised in a reasonable manner. If you have agreed to any other amounts being deducted from your Driver Fares and/or other payments with any party (such as vehicle rental or lease payments), those amounts will be deducted before remittance to you, and we may determine the order of these other deductions if allowed by law. We will use reasonable efforts to ensure that your Driver Fare and any other payments to you will be paid to you on at least a weekly basis. You acknowledge and agree that all payments owed to you shall not include any interest and will be net of any amounts that we are required to withhold by law.
PCONN App will charge the Rider an amount calculated or determined by PConn App on your behalf for the Rideshare Services you perform for Riders (the “Rider Charges”). Rider Charges may be determined after the ride is completed based on the distance of the ride (a “Variable Fare”). Alternatively, Rider Charges may be quoted in advance, at the time of the ride request (a “Quoted Fare”). A Quoted Fare may differ from what the Variable Fare would have been for the same ride (as Variable Fares change depending on a number of dynamic factors). In either case, your payment for Rideshare Services shall be the Driver Fare as described in Sections 1-3 above. Unless we indicate to you otherwise, the Rider Charges includes the Driver Fare, applicable tolls, fees retained by us (including the Service Fee and Platform Fee described below), and any Third Party Fees. Riders may also elect to add an additional tip to you on top of the Rider Charges. The tip shall be provided entirely to you. “Third Party Fees” include any applicable state or local fees, surcharges or taxes imposed on the provision of Rideshare Services or PCONN App’s provision of the PCONN App Platform that PCONN App is required by law or agreement to collect or remit to third parties.
Payment processing services are provided by Stripe and subject to the Stripe Connected Account Agreement, which includes the Stripe Services Agreement (collectively, the “Stripe Terms“). By using the PCONN App Platform to receive payment proceeds, you agree to be bound by the Stripe Terms, which may be modified from time to time. As a condition of PCONN App enabling payment processing services through Stripe, you authorize PCONN App to obtain all necessary access and perform all necessary activity on your Stripe Connected Account to facilitate your provision of Rideshare Services as contemplated by the Agreement and your relationship with PCONN App. You further agree to provide accurate and complete information about you and your business, and authorize PCONN App to share it and transaction information with Stripe for the purposes of facilitating the payment processing services provided by Stripe. PCONN App reserves the right to switch payment processing vendors or use alternate or backup vendors in its discretion.
You acknowledge and agree that, for the mutual benefit of the parties, through advertising and marketing, PCONN App and its affiliates may seek to generate additional demand for your Rideshare Services from new and existing Riders. You acknowledge and agree such advertising or marketing does not entitle you to any additional monetary amounts beyond the amounts expressly set forth in this Agreement and Driver Addendum.
As set forth in the Agreement to which you agreed, Users (including Drivers) expressly consent and agree to receive communications from PCONN App, its affiliated companies and/or Riders using written, electronic, and/or verbal means, including by manual dialing, email, leaving prerecorded/artificial voice messages, push notifications, and/or using an automatic telephone dialing system to text message or call your mobile/cellular telephone number, as necessary to complete transactions requested by you and to service your account, and as permitted by applicable law, even if that phone number is registered on any federal and/or state Do-Not-Call/Do-Not-email registry/ies. Rideshare Service-related messages from PCONN App, its affiliated companies, or Riders may include, but are not limited to, operational communications concerning your User account or the use of the PCONN App Platform or Rideshare Services. Additionally, we offer you the opportunity to enroll to receive recurring promotional SMS/text messages or calls from PCONN App. Promotional messages may include updates concerning new and existing features on the PCONN App Platform, communications concerning marketing or promotions run by us or our third-party partners (including potential opportunities, offers, and/or products for Drivers), and news concerning PCONN App and industry developments. You understand that you are not required to consent to receive promotional texts or calls as a condition of any purchase with PCONN App, including using the PConn App Platform or Rideshare Services. Your participation in this program is completely voluntary. We do not charge for this communication service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider. If you change or deactivate the phone number you provided to PCONN App, you agree to update your account information to help prevent us from inadvertently communicating with anyone who acquires your old number. To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the communication service, any errors in such information, and/or any action you may or may not take in reliance on the information or communication service. IF YOU WISH TO OPT OUT OF PROMOTIONAL EMAILS, YOU CAN UNSUBSCRIBE FROM OUR PROMOTIONAL EMAIL LIST BY FOLLOWING THE UNSUBSCRIBE OPTIONS IN THE PROMOTIONAL EMAIL ITSELF. IF YOU WISH TO OPT OUT OF PROMOTIONAL CALLS OR TEXTS, YOU MAY TEXT “STOP” TO 1 470.275.8158 FROM THE MOBILE DEVICE RECEIVING THE MESSAGES. IF YOU WISH TO OPT OUT OF ALL TEXTS OR CALLS FROM PCONN APP (INCLUDING OPERATIONAL OR TRANSACTIONAL TEXTS OR CALLS), YOU CAN TEXT THE WORD “STOPALL” TO 46080 FROM THE MOBILE DEVICE RECEIVING THE MESSAGES, HOWEVER YOU ACKNOWLEDGE THAT OPTING OUT OF RECEIVING ALL TEXTS MAY IMPACT YOUR USE OF THE PCONN APP PLATFORM OR RIDESHARE SERVICES. WHEN YOU OPT OUT TEXTS OR CALLS, YOU MAY RECEIVE A ONE-TIME OPT-OUT CONFIRMATION TEXT MESSAGE. NO FURTHER MESSAGES WILL BE SENT TO YOUR MOBILE DEVICE, UNLESS INITIATED BY YOU. FOR COMMUNICATION SERVICE SUPPORT OR ASSISTANCE, PLEASE VISIT OUR HELP CENTER.
