Terms of Use — PickApp (BOKO d.o.o.)

Last updated: 1 October 2025

Period of validity: from the date of publication on the website / in the application.

I. Service provider details

These Terms are provided by: BOKO d.o.o. (hereinafter: “PickApp”, “Provider”, “we”, “us”).

II. Definitions

“Service” — the digital and/or logistical service provided via the PickApp website and/or mobile application that enables users to order transport (taxi/rides) and to be connected with drivers/partners, including cases in which PickApp directly provides transport with its own vehicles and employed drivers.

“User” — a natural person or legal entity who uses the Service.

“Driver / Partner” — a third party or an employee who provides transport services through the platform.

“Account” — a user account required to access certain functionalities.

III. Scope and acceptance of the Terms

By using the PickApp services, website or application, the User confirms acceptance of these Terms in full. If you do not agree with these Terms, do not use the Service.

IV. Nature of the Service and status of transport provision

Business model (mixed model): PickApp operates under a mixed model — we act both as an intermediary platform that connects Users with independent Drivers/Partners, and as a direct provider of transport when rides are performed by our own vehicles and/or by our directly employed drivers. In each specific case, the application will clearly indicate to the User whether the ride is performed by:

(a) a Driver/Partner (third party, independent provider), or
(b) PickApp as a direct provider (own vehicle and/or employed driver).

Liability for performance of the ride:

• When PickApp mediates between the User and an independent Driver/Partner, PickApp acts solely as a connecting platform and does not assume the status of carrier or direct provider of transport in the legal sense; liability for the performance of the transport contract rests with the Driver/Partner in accordance with their obligations and applicable regulations.

• When PickApp explicitly displays and confirms that the ride was performed by our own driver or our own vehicle (i.e., PickApp is the direct provider), PickApp assumes the responsibilities and obligations of a carrier towards the User to the extent and in the manner prescribed by applicable law and these Terms.

Information in the application: Prior to confirming an order, the User may be informed which legal or natural person will perform the Service (independent Driver/Partner or PickApp as direct provider). If unclear, the User is obliged to contact support before the start of the ride.

Regulatory compliance: For rides directly provided by PickApp, the Provider undertakes to ensure compliance with relevant road transport, taxi service and other applicable laws and to hold the necessary permits and insurance.

Technical errors: In the event of technical errors, inaccurate information regarding vehicle availability, price estimates or order status, PickApp does not accept liability for any costs, losses or consequences that may arise therefrom.

V. Registration, account and access security

To use certain functionalities, the User must create an Account and provide true and accurate information. The User warrants that the information provided is true and up to date.

The User is obliged to keep passwords secure and to notify PickApp immediately of any suspected unauthorized access. PickApp is not liable for damage resulting from the User’s negligent conduct.

VI. Ordering, pricing, cost estimates and payment

Ordering a ride: The User enters pick-up and destination details; the application may display a price estimate, driver identity, vehicle type and estimated time of arrival.

Estimated price is not final: The price displayed to the User prior to confirming the ride is an estimate based on available data at the time of ordering. The final price of the ride may differ from the estimate due to the actual route taken, waiting time, changes in ride duration, tariff changes, additional services or other circumstances. The final and binding price is the price shown on the confirmation (receipt/invoice) upon completion of the ride or at the time of charging.

Price transparency: Before final confirmation, the User will be shown an estimate and, where possible, informed of factors that may affect the final price (e.g., congestion, road closures, additional waiting). If the ride was directly provided by PickApp, the receipt will clearly indicate who the service provider is.

Pricing and tariff models: Prices are determined by Drivers/Partners or by PickApp (depending on who provides the Service) in accordance with internal rules and applicable regulations. PickApp reserves the right to change the pricing model; changes take effect after publication in the application/website.

Payment: Supported payment methods (card, cash, digital wallet, etc.) will be shown in the application. PickApp may cooperate with external payment service providers; responsibility for the security of the payment process rests with the relevant payment providers pursuant to their terms and agreements.

Refunds: Cancellation, cancellation fees and refund rules are defined in the application and/or in a separate end-user agreement and apply depending on the circumstances of completed or uncompleted rides.

VII. Cancellation and refunds

Cancellation rules, cancellation fees and refund procedures are defined in the application and/or in a separate end-user agreement.

For real-time rides (immediate rides), refunds are possible only in cases of proven irregularities, fraud, non-performance of the service or other circumstances provided for in the application.

VIII. User obligations

• To comply with applicable laws and the driver’s instructions.

• The Service must not be used for illegal purposes, attempted fraud, account abuse or use of false identities.

• The User shall be liable for any damage caused by them.

IX. Prohibited conduct and sanctions

PickApp may suspend or delete a User account without prior notice for serious breaches of these Terms, and may refuse future access unconditionally. In the case of serious offenses we may initiate criminal or other legal proceedings.

X. Liability and limitation of liability

PickApp provides the Service “as is” and “as available”. We give no warranty of uninterrupted availability, accuracy or completeness of information.

PickApp is not liable for direct or indirect damages, loss of profit, business interruption, special or consequential damages, except as otherwise provided by law.

Specifically:

• Whether PickApp directly provides a ride or acts as a platform intermediary, PickApp does not bear liability for acts, omissions or failures of Drivers/Partners, including personal injury, property damage or other losses resulting from their conduct, except in cases of demonstrated negligent selection or known non-compliance that PickApp disregarded.

• When PickApp directly provides a ride (our own driver/vehicle), PickApp shall be liable as the carrier to the extent prescribed by applicable law.

The limitation of PickApp’s liability, to the extent permitted by law, is capped at the amount actually paid by the User for the relevant ride in the last 12 months.

In the greatest extent permitted by law, PickApp shall not be liable for indirect, incidental, special, consequential, punitive or other damages, including loss of profits, data, reputation or business opportunities, even if advised of the possibility of such damages.

XI. Indemnification

The User agrees to defend, indemnify and hold harmless PickApp, its affiliates, directors, employees and agents from and against any claims, losses, costs and damages (including reasonable attorneys’ fees) arising out of the User’s breach of these Terms or unlawful acts.

XII. Intellectual property

All content of the application and website (design, texts, logos, software) is the property of PickApp or its licensors and is protected by copyright and other intellectual property rights. Reproduction, adaptation or distribution of the content without written permission is prohibited.

XIII. Third parties and links

The application may contain links to third-party websites. PickApp accepts no responsibility for the content, services or privacy policies of such third parties.

XIV. Personal data protection

Personal data processing is carried out in accordance with the GDPR (Regulation (EU) 2016/679) and applicable Croatian laws. The User has the rights of access, rectification, erasure and restriction of processing in accordance with the GDPR.

Details of data processing, purposes and legal bases are set out in a separate Privacy Policy published on the website/application.

XV. Cookies

Use of cookies is governed by a separate Cookie Policy. By using our Service you accept the use of cookies in accordance with that policy.

XVI. Suspension and termination

PickApp reserves the right to suspend or terminate a User’s account and/or access to the platform in case of breach of the Terms, misuse or suspected fraud. Termination does not affect obligations that arose prior to termination.

XVII. Force majeure

PickApp shall not be liable for delays or failure to perform obligations caused by circumstances beyond reasonable control (natural disasters, war, strikes, network failures, changes in law or governmental decisions, pandemic, etc.).

XVIII. Amendments to the Terms

PickApp may amend these Terms; amendments shall take effect upon publication in the application/website with the stated date of change. If the User does not agree with the amendments, they must stop using the Service; continued use after publication constitutes acceptance of the amendments.

XIX. Dispute resolution and jurisdiction

These Terms shall be interpreted and applied in accordance with the laws of the Republic of Croatia (including relevant EU regulations).

In case of dispute, the parties shall endeavour to resolve the dispute amicably. If that is not possible, the competent court is the court in Split.

Before initiating court proceedings, the User and PickApp agree to attempt to resolve the dispute amicably, including by mediation or arbitration in accordance with the rules of the Croatian Chamber of Economy.

XX. Notices

All notices related to these Terms may be delivered by email to the contact address listed in Section I or via notifications in the application.

XXI. Severability

If any provision of these Terms is declared void or unenforceable, the remaining provisions shall remain in force.

XXII. Entire agreement

These Terms constitute the entire agreement between the User and PickApp in relation to the subject matter and supersede all prior oral or written agreements.

XXIII. Contact

For questions relating to these Terms or the Service, contact us at: hvar@pickapp.hr.

XXIV. Language

In the event of any discrepancy, inconsistency or ambiguity between the English and Croatian versions of these Terms, the Croatian version shall prevail.