Terms of Service

1. Acceptance of Terms

These Terms of Service ("Terms") are a legally binding agreement between you and TOPSII ("TOPSII", "we", "us", or "our"), a company operating in Afghanistan with its principal place of business at Kabul, Afghanistan.

By creating an account, downloading the TOPSII Rider app, downloading the TOPSII Driver app, or using any TOPSII service, you agree to these Terms and to our Privacy Policy. If you do not agree, do not install or use either app.

2. The Services

TOPSII provides a technology platform that connects people who want transportation ("Riders") with independent drivers ("Drivers") through:

• the TOPSII Rider mobile application,
• the TOPSII Driver mobile application, and
• the TOPSII web admin console (used by our staff).

TOPSII is a marketplace and dispatch platform. Unless we expressly say otherwise, we do not ourselves provide transportation, own the vehicles used for trips, or employ Drivers as employees. Drivers operate as independent contractors.

3. Eligibility

• You must be at least 18 years old to create a TOPSII Rider or TOPSII Driver account.
• Riders must be able to enter a binding contract in their place of residence.
• Drivers using the TOPSII Driver app must hold a valid driver's licence, a roadworthy insured vehicle, the documents listed in Section 6.2, and any local permit required to carry passengers. You may not take trips until we approve your Driver application.
• We may refuse, suspend, or limit access at our discretion, including for safety or legal reasons.

4. Accounts

• You must provide accurate information and keep it up to date.
• You are responsible for activity under your account and for keeping your login details secure.
• One person may not maintain multiple accounts to evade a suspension, ban, or verification requirement.
• You may request deletion of your account on our Delete account page or by emailing info@topsii.com.

5. Rider Terms

• You request a trip through the Rider app. A fare estimate may be shown before you confirm; the final fare can change if the route, waiting time, or extras change.
• You must be at the pickup location on time, treat Drivers and their vehicles with respect, and follow applicable law (including seat-belt and alcohol rules).
• You must not ask a Driver to break traffic laws, carry illegal goods, or take more passengers than the vehicle is licensed for.
• You are responsible for your belongings. TOPSII is not liable for items left in a vehicle; we may help you contact the Driver after a trip.
• If you damage a vehicle or cause a Driver extra cost, you may be charged a reasonable repair or cleaning fee.

6. Driver Terms (TOPSII Driver app)

This Section 6 applies if you install or use the TOPSII Driver app. Using the Rider app alone does not make you a Driver.

6.1 Independent contractor

You are an independent contractor, not a TOPSII employee, partner, or agent. You control when you go Online, which trip requests you accept (subject to these Terms), and the vehicle you use. You are responsible for your own taxes, licences, insurance beyond what the law requires of us, fuel, maintenance, and working hours. Nothing in these Terms creates an employment relationship.

6.2 Verification before you can take trips

• You must upload a valid driving licence, vehicle registration, insurance, and a profile photo in the Driver app.
• You may not accept Rider trips until TOPSII staff approve your application. We may approve, reject, or ask you to resubmit a document.
• Documents must be yours, current, and readable. Fake, expired, or someone else's documents are grounds for immediate ban.
• We may re-check documents at any time. If a licence or insurance expires, we may take you offline until you upload a valid replacement.

6.3 Going Online and location

• You decide when to go Online. While Online you must keep location (including background / “always allow”) and notifications enabled so we can send nearby trip requests and share your live position with the Rider.
• Background location is used only while you are Online (or on an active trip), not for advertising. Details are in the Privacy Policy, Section 9.2.
• Going Offline stops new dispatches. You must not stay Online if you cannot accept trips safely (for example, if you are not with the registered vehicle).

6.4 Vehicle, licence, and conduct

• You must hold a valid driver's licence and keep the vehicle roadworthy, registered, and insured for passenger use where the law requires it.
• Use only the vehicle we verified. Switching vehicles without updating documents is not allowed.
• Follow traffic law, do not drive under the influence, and do not carry more passengers than the vehicle is licensed for.
• Do not discriminate against Riders on the basis of race, religion, gender, disability, or other protected characteristics.
• Do not ask Riders for off-platform payment to avoid the TOPSII fare, and do not cancel trips to rebook them privately.

6.5 Accepting trips and quality

• When you accept a request you must proceed to pickup in a reasonable time, mark arrived/start/complete honestly, and follow the agreed drop-off unless the Rider and safety require a change.
• Repeated cancellations after accept, fake GPS, or ignoring Riders may lead to limits, suspension, or a ban.
• Acceptance rate, cancellation rate, ratings, and safety reports may affect whether you stay on the platform.

6.6 Earnings

Your earnings for each trip are shown in the Driver app (fare minus the TOPSII service fee and any adjustments). Payout timing and method are as displayed in the app. We may withhold or reverse a payout if a trip is disputed, fraudulent, or charged back, or if your account is suspended pending review.

7. Fares, Payments & Payouts

• Fares are calculated using the pricing rules shown in the apps (distance, time, vehicle type, applicable surcharges, promotions, and taxes).
• Riders authorize TOPSII or its payment partners to charge the selected payment method for the trip and any lawful extras (tolls, waiting time, cancellation fees, damage fees).
• Drivers receive payouts according to the earnings breakdown shown in the Driver app, minus the applicable TOPSII service fee and any adjustments.
• Promotional credits, coupons, and referrals are discretionary, may expire, and have no cash value unless required by law.
• If a payment fails, we may retry the charge, suspend the account, or collect the amount by other lawful means.

8. Cancellations

Either party may cancel a trip subject to the in-app rules in effect at the time. Late cancellations, no-shows, or repeated cancellations may result in a fee or reduced access to the platform. Fees, if any, are disclosed in the app before or at the time of cancellation.

9. Ratings & Conduct

• Riders and Drivers may rate each other after a trip. Ratings should be honest and not abusive.
• We may hide, ignore, or investigate ratings that appear fake, retaliatory, or discriminatory.
• Low ratings, safety reports, or policy breaches may lead to a warning, temporary suspension, or a permanent ban.
• Harassment, threats, sexual misconduct, or violence will result in immediate removal and may be reported to authorities.

10. Acceptable Use

You agree not to:

• Use TOPSII for any illegal purpose, including trafficking, fraud, or unlicensed passenger transport.
• Interfere with the apps, scrape data, reverse-engineer our software, or bypass security or usage limits.
• Create fake trips, manipulate GPS, or otherwise game fares, promotions, or ratings.
• Impersonate another person or provide documents that are not yours.
• Use another user's account or share your account with someone else.

11. Location Services

Location access is required for matching, navigation, ETAs, and safety.

• TOPSII Rider: location while you are using the app to request or take a trip. The Rider app does not need background location.
• TOPSII Driver: precise location in the foreground and background while you are Online (including when the app is closed or not in use) so we can dispatch nearby trips and share your live position with the Rider. Background collection stops when you go Offline, except during an active trip until it ends.

Turning location off will prevent the affected app from working as intended. Full detail is in our Privacy Policy, Section 9.

12. Intellectual Property

The TOPSII name, logo, apps, website, and related content are owned by TOPSII or its licensors. You receive a limited, revocable, non-exclusive licence to use the apps for their intended purpose. You may not copy, modify, sell, or create derivative works from our software or branding without written permission.

13. Disclaimers

The services are provided "as is" and "as available". We do not guarantee that a Driver will always be available, that a trip will follow a specific route or time, or that the apps will be uninterrupted or error-free.

Drivers are independent third parties. To the fullest extent permitted by law, TOPSII is not responsible for the actions, vehicles, or omissions of Riders or Drivers, including accidents, delays, lost property, or personal injury, except where we cannot legally exclude that responsibility.

14. Limitation of Liability

To the maximum extent permitted by applicable law, TOPSII and its officers, employees, and partners will not be liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits, data, or goodwill, arising from your use of the services. Our total liability for any claim relating to the services will not exceed the greater of (a) the amounts you paid to TOPSII in the 3 months before the claim or (b) 5,000 AFN. These limits do not apply to liability that cannot be limited under the law of Afghanistan, including liability for death or personal injury caused by our negligence where such a limit is prohibited.

15. Indemnification

You agree to defend and indemnify TOPSII against claims, damages, and expenses (including reasonable legal fees) arising from your use of the services, your breach of these Terms, your violation of law, or your infringement of someone else's rights, except to the extent a claim is caused by TOPSII's own willful misconduct.

16. Suspension & Termination

• You may stop using TOPSII and delete your account at any time.
• We may suspend or terminate your account if you breach these Terms, create a safety risk, fail verification, or as required by law.
• Outstanding fares, fees, or payouts survive termination. Sections that by their nature should survive (including liability, indemnity, and governing law) will survive.

17. Governing Law

These Terms are governed by the laws of Afghanistan, without regard to conflict-of-law rules. Courts located in Kabul, Afghanistan will have exclusive jurisdiction over disputes, unless applicable consumer-protection law gives you the right to bring a claim in your home jurisdiction.

18. Changes to These Terms

We may update these Terms from time to time. We will change the "Last updated" date on this page. If a change is material, we will notify you in the app or by email before it takes effect. Continued use after the effective date means you accept the updated Terms.

19. Contact Us