OberDrive Morocco – Terms and Conditions 

Effective Date: 01 September 2024

1. Contractual Relationship

These Terms of Use (“Terms”) govern the access to or use by you, as an individual located in or visiting the Kingdom of Morocco (the “Territory”), of applications, websites, content, products, and services (collectively, the “Services”) made available by Zenira Technologies LLC, a company registered in the State of Wyoming, United States of America, under registration number 2025-001834101, operating under the brand name OberDrive.

For the purposes of these Terms, Zenira Technologies LLC and its subsidiaries and affiliates, including but not limited to OberDrive, are collectively referred to as “OberDrive”.

PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES.

Your access to or use of the Services constitutes your express agreement to be bound by these Terms, which establish a legally binding contractual relationship between you and OberDrive. If you do not agree to these Terms, you may not access or use the Services.

These Terms expressly supersede any prior agreements or arrangements between you and OberDrive, to the extent permitted by applicable law. Subject to applicable law, OberDrive reserves the right to terminate these Terms or any Services with respect to you, or to generally cease offering or deny access to the Services or any portion thereof at any time.

For the avoidance of doubt, any termination or suspension of access to the OberDrive application is not intended to affect or interrupt a transportation service that has already commenced, and this clause shall not be interpreted or applied to permit mid-trip termination.

Supplemental terms may apply to certain Services, including policies applicable to specific events, activities, promotions, or features. Such supplemental terms will be disclosed to you in connection with the applicable Services and shall form an integral part of these Terms. In the event of a conflict, the supplemental terms shall prevail with respect to the applicable Services.

OberDrive may amend these Terms from time to time. Amendments shall become effective upon OberDrive’s posting of the updated Terms at this location or upon publication of amended policies or supplemental terms applicable to the Services. Your continued access to or use of the Services following such posting constitutes your acceptance of the amended Terms.

The collection and use of personal data in connection with the Services are governed by the OberDrive Privacy Policy, available at:
https://oberdrive.com/privacy-policy/

By accessing or using the Services, you confirm that you have read and accepted the OberDrive Privacy Policy. You further expressly consent to OberDrive disclosing necessary information, including your contact details, to a claim’s processor or insurer in the event of a complaint, dispute, or conflict—including those involving accidents—between you and a Third-Party Provider, where such disclosure is reasonably required to resolve the matter.

2. The Services

2.1 Platform Services.

The Services constitute a technology platform that enables users of the OberDrive mobile applications and websites provided as part of the Services (each, an “Application”) to arrange and schedule transportation services with independent third-party providers of such services, including independent transportation providers operating under agreement with OberDrive or certain OberDrive affiliates (“Third-Party Providers”).

Unless otherwise agreed by OberDrive in a separate written agreement with you, the Services are made available solely for your personal, non-commercial use.

YOU ACKNOWLEDGE AND AGREE THAT OBERDRIVE DOES NOT PROVIDE TRANSPORTATION SERVICES, DOES NOT OPERATE AS A TRANSPORTATION CARRIER, AND DOES NOT EMPLOY DRIVERS. All transportation services are provided by independent third-party contractors who are not employees, agents, or representatives of OberDrive or any of its affiliates.

2.2 License

Subject to your compliance with these Terms, OberDrive grants you a limited, non-exclusive, non-sublicensable, revocable, and non-transferable license to:

(i) access and use the Applications on your personal device solely in connection with your use of the Services; and
(ii) access and use any content, information, and related materials made available through the Services, in each case solely for your personal, non-commercial use.

Any rights not expressly granted herein are reserved by OberDrive and its licensors. You agree not to use OberDrive’s copyrights, trademarks, service marks, trade dress, or those of OberDrive licensors—other than as incidental to your authorized use of the Services—without OberDrive’s or the applicable licensor’s prior written consent. This restriction includes use in domain names, websites, and social media accounts.

2.3 Restrictions

You may not:

(i) remove, alter, or obscure any copyright, trademark, or other proprietary notices from any portion of the Services;
(ii) reproduce, modify, create derivative works from, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast, or otherwise exploit the Services, except as expressly permitted by OberDrive;
(iii) decompile, reverse engineer, or disassemble the Services, except to the extent permitted by applicable law;
(iv) link to, mirror, or frame any portion of the Services;
(v) cause or launch any programs, scripts, or automated processes for scraping, indexing, surveying, or data mining any portion of the Services, or for unduly burdening or impairing the operation or functionality of the Services; or
(vi) attempt to gain unauthorized access to, interfere with, or impair any aspect of the Services or related systems or networks.

2.3 Provision of the Services. 

You acknowledge that portions of the Services may be made available under various OberDrive brands, service categories, or request options associated with transportation, including both motor vehicle–based and motorcycle-based transportation services, including but not limited to service categories currently referred to as “OberDrive Go,” “OberDrive Plus,” “OberDrive Elite,” “OberDrive Women,” and “OberDrive Electric.” etc.

You further acknowledge that such Services or service categories may be made available by or in connection with:

(i) certain subsidiaries or affiliates of OberDrive; and/or
(ii) independent Third-Party Providers, including transportation network drivers, motorcycle operators, transportation charter permit holders, or holders of similar transportation permits, authorizations, or licenses, as applicable under local law.

You also acknowledge that the Services may be made available under such brands or request options by or in connection with: (i) certain of OberDrive subsidiaries and affiliates; or (ii) independent Third-Party Providers, including transportation network company drivers, transportation charter permit holders or holders of similar transportation permits, authorizations or licenses.

2.4 Third Party Services and Content. 

The Services may be made available or accessed in connection with third-party services and content, including advertising, that OberDrive does not own or control. You acknowledge and agree that different terms of use and privacy policies may apply to your use of such third-party services and content.

OberDrive does not endorse, warrant, or assume responsibility for any such third-party services or content, and in no event shall OberDrive be responsible or liable for any products, services, or content provided by third parties.

If you access the Services through applications developed for Apple iOS, Android, Microsoft Windows, or BlackBerry-powered mobile devices, you acknowledge and agree that Apple Inc., Google LLC, Microsoft Corporation, and BlackBerry Limited, respectively, and their applicable international subsidiaries and affiliates, are third-party beneficiaries of these Terms. Such third-party beneficiaries are not parties to these Terms and are not responsible for the provision, maintenance, or support of the Services in any manner. Your access to and use of the Services through such devices is subject to the applicable third-party beneficiary’s terms of service.

2.5 Ownership.

The Services and all rights therein, including all intellectual property rights, are and shall remain the exclusive property of OberDrive or its licensors.

Neither these Terms nor your use of the Services grants or conveys to you any rights:

(i) in or relating to the Services, except for the limited license expressly granted under these Terms; or
(ii) to use, reference, reproduce, or otherwise exploit in any manner any OberDrive or OberDrive licensor company names, logos, product or service names, trademarks, service marks, or trade dress.

3.Your Use of the Services

3.1 User Accounts

To use most aspects of the Services, you must register for and maintain an active, personal user account (“Account”). You must be at least 18 years of age, or the age of legal majority in your jurisdiction if different, to create an Account.

Account registration requires you to provide OberDrive with certain personal information, which may include your name, address, mobile phone number, and age. You may also be required to add a valid payment method (such as a credit card or other eligible digital payment method) to access certain Services.

You agree to maintain accurate, complete, and up-to-date Account information at all times. Failure to do so, including maintaining an invalid or expired payment method, may result in your inability to access or use the Services and may lead to termination of these Terms by OberDrive.

You are responsible for all activity conducted through your Account, including any activity resulting from the loss or theft of the device used to access the Applications. You agree to maintain the confidentiality and security of your Account credentials at all times.

Unless expressly permitted by OberDrive in writing, you may maintain only one Account. If you suspect that any other person is using your Account, or if you become aware of any breach of security, you must notify OberDrive immediately.

3.2 User Requirements and Conduct

The Services are not available for use by persons under the age of 18. You may not authorize any third party to use your Account, nor may you allow persons under the age of 18 to receive transportation services from Third-Party Providers unless they are accompanied by you, where permitted by applicable law.

You may not assign, sell, transfer, or otherwise dispose of your Account to any other person or entity.

You agree to comply with all applicable laws and regulations when using the Services and to use the Services solely for lawful purposes. You agree not to use the Services to transport unlawful, hazardous, or prohibited materials.

You agree that you will not, in connection with your use of the Services, cause nuisance, annoyance, inconvenience, harm, or property damage to any Third-Party Provider or any other party.

In certain circumstances, you may be required to provide proof of identity to access or use the Services. You acknowledge and agree that OberDrive may deny access to or use of the Services if you refuse to provide such proof.

3.3 Text Messaging

By creating an Account, you consent to receive text messages (SMS) from OberDrive as part of the normal business operation of the Services, including messages related to verification, service updates, or support.

You may opt out of receiving non-essential SMS messages at any time by following the instructions provided in such messages or through the Application. You acknowledge that opting out of SMS communications may limit or affect your ability to use certain features of the Services.

3.4 Promotional Codes

OberDrive may, at its sole discretion, offer promotional codes that may be redeemed for account credit or other benefits related to the Services or Third-Party Provider services (“Promo Codes”), subject to additional terms established by OberDrive.

You agree that Promo Codes:
(i) must be used only for their intended purpose and audience and in a lawful manner;
(ii) may not be duplicated, sold, transferred, or shared with the general public unless expressly permitted by OberDrive;
(iii) may be modified, suspended, or cancelled by OberDrive at any time without liability;
(iv) may be used only in accordance with the specific terms applicable to each Promo Code;
(v) have no cash value; and
(vi) may expire prior to use.

OberDrive reserves the right to withhold, cancel, or deduct any credits or benefits obtained through the use of Promo Codes if it determines, in its sole discretion, that such use was erroneous, fraudulent, unlawful, or in violation of these Terms or the applicable Promo Code terms.

3.5 User-Provided Content

OberDrive may allow you to submit, upload, publish, or otherwise make available content through the Services, including text, audio, visual materials, feedback, reviews, and support requests (“User Content”).

You retain ownership of your User Content. However, by submitting User Content, you grant OberDrive a worldwide, perpetual, irrevocable, transferable, royalty-free license, with the right to sublicense, to use, reproduce, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit such User Content in any media or distribution channel now known or later developed, without further notice or compensation.

You represent and warrant that:
(i) you own or have all necessary rights and permissions to grant the above license; and
(ii) your User Content, and OberDrive’s permitted use of it, does not infringe or violate any third-party rights or applicable laws.

You agree not to provide User Content that is unlawful, defamatory, abusive, hateful, violent, obscene, pornographic, or otherwise objectionable. OberDrive reserves the right, but not the obligation, to review, monitor, or remove User Content at its sole discretion, at any time and for any reason, without notice.

3.6 Network Access and Devices

You are responsible for obtaining and maintaining the data network access necessary to use the Services. Your mobile network provider’s data and messaging rates and fees may apply, and you are solely responsible for such charges.

You are responsible for acquiring, maintaining, and updating compatible hardware or devices necessary to access and use the Services and Applications. OberDrive does not guarantee that the Services will function on all devices or networks and shall not be responsible for delays, interruptions, or failures resulting from Internet or electronic communications issues.

4.Payment

You acknowledge and agree that your use of the Services may result in charges for the services you receive from independent Third-Party Providers (“Charges”).

After you receive services obtained through the Services and make payment using a digital payment method (excluding cash), OberDrive or its designated collection agent will facilitate payment of the applicable Charges on behalf of the applicable Third-Party Provider, acting solely as such Third-Party Provider’s limited payment collection agent. Payment of Charges in this manner shall be deemed the same as payment made directly by you to the Third-Party Provider.

Charges include applicable taxes where required by law. Subject to applicable laws and regulations, all Charges are final and non-refundable, except as otherwise determined by OberDrive in accordance with its Refund Policy, available at:
https://oberdrive.com/refund-policy/

You retain the right, at the time services are provided, to request a lower Charge directly from the applicable Third-Party Provider. OberDrive will process any request from a Third-Party Provider to adjust Charges for a specific service accordingly.

4.1 Payment Method

All Charges are due immediately and will be facilitated using the preferred payment method designated in your Account. After payment is processed, OberDrive or its collection agent will provide you with a receipt by email.

If your primary payment method is expired, invalid, or otherwise unable to be charged, you agree that OberDrive or its collection agent, acting as the Third-Party Provider’s limited payment collection agent, may use any secondary payment method associated with your Account, if available.

4.2 Pricing, Fees, and Promotions

OberDrive reserves the right to introduce fees for new or modified features or to revise Charges for existing Services available through the OberDrive Applications or websites. In such cases, you will be notified in writing of the applicable fees and related terms.

You acknowledge and agree that Charges applicable in certain geographic areas may increase significantly during periods of high demand. While OberDrive will use reasonable efforts to inform you of applicable Charges, you remain responsible for all Charges incurred under your Account, regardless of your awareness of such Charges or their amounts.

From time to time, OberDrive may offer promotional discounts or incentives to certain users, which may result in different Charges for similar Services. You agree that such promotions, unless made available to you, shall not affect the Charges applicable to your use of the Services.

4.3 Cancellations

You may cancel a request for services from a Third-Party Provider at any time prior to the provider’s arrival. In such cases, you may be charged a cancellation fee in accordance with OberDrive’s applicable cancellation policies.

4.4 Tips and Gratuities

This payment structure is intended to fully compensate the Third-Party Provider for the services provided. OberDrive does not designate any portion of the Charges as a tip or gratuity to the Third-Party Provider.

Any statements by OberDrive indicating that tipping is “voluntary,” “not required,” or “included” are not intended to suggest that OberDrive provides additional compensation to Third-Party Providers beyond the Charges described above.

You acknowledge and agree that, while you may choose to provide an additional gratuity to a Third-Party Provider, you are under no obligation to do so. Gratuities are entirely voluntary. After receiving services, you will have the opportunity to rate your experience and provide feedback regarding the applicable Third-Party Provider.

4.5 Repair or Cleaning Fees

You expressly agree to be responsible for the reasonable costs of repair for damage to, or necessary cleaning of, vehicles or property of Third-Party Providers resulting from your use of the Services under your Account, to the extent such damage or cleaning exceeds normal wear and tear (“Repair or Cleaning Fees”).

If a Third-Party Provider reports the need for repair or cleaning and such request is verified by OberDrive in its reasonable discretion, OberDrive reserves the right to facilitate payment of the applicable Repair or Cleaning Fees on behalf of the Third-Party Provider using the payment method associated with your Account. Such amounts will be transferred to the applicable Third-Party Provider and are non-refundable.

5.  Disclaimers; Limitation of Liability; Indemnity

5.1 Disclaimer

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.”
OBERDRIVE DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET FORTH IN THESE TERMS, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

OBERDRIVE MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SERVICES OR ANY SERVICES REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.

OBERDRIVE DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY, OR ABILITY OF ANY THIRD-PARTY PROVIDER. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICES REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

5.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OBERDRIVE SHALL NOT BE LIABLEFOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION LOST PROFITS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE, ARISING OUT OF OR IN CONNECTION WITH ANY USE OF THE SERVICES, EVEN IF OBERDRIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OBERDRIVE SHALL NOT BE LIABLE FOR ANY DAMAGES, LOSSES, OR LIABILITIES ARISING OUT OF OR RELATING TO:

(i) YOUR USE OF OR RELIANCE ON THE SERVICES, OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; OR
(ii) ANY TRANSACTION, INTERACTION, OR RELATIONSHIP BETWEEN YOU AND ANY THIRD-PARTY PROVIDER, EVEN IF OBERDRIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OBERDRIVE SHALL NOT BE LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND ITS REASONABLE CONTROL.

YOU ACKNOWLEDGE THAT CERTAIN THIRD-PARTY TRANSPORTATION PROVIDERS MAY OFFER RIDESHARING, PEER-TO-PEER, OR SIMILAR TRANSPORTATION SERVICES AND MAY NOT BE PROFESSIONALLY LICENSED OR PERMITTED TO THE EXTENT REQUIRED IN ALL JURISDICTIONS.

IN NO EVENT SHALL OBERDRIVE’S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS, DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES EXCEED FIVE HUNDRED UNITED STATES DOLLARS (USD 500) OR THE EQUIVALENT AMOUNT IN YOUR ACCOUNT CURRENCY.

YOU AGREE THAT OBERDRIVE HAS NO RESPONSIBILITY OR LIABILITY FOR ANY TRANSPORTATION SERVICES PROVIDED TO YOU BY THIRD-PARTY PROVIDERS, EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS.

NOTHING IN THIS SECTION 5 IS INTENDED TO LIMIT OR EXCLUDE ANY LIABILITY OR CONSUMER RIGHTS THAT CANNOT BE LIMITED OR EXCLUDED UNDER APPLICABLE LAW.

5.3 Indemnification

You agree to indemnify, defend, and hold harmless OberDrive and its officers, directors, employees, and agents from and against all claims, demands, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to:

(i) your use of the Services or services obtained through your use of the Services;
(ii) your breach or violation of these Terms;
(iii) OberDrive’s use of your User Content; or
(iv) your violation of the rights of any third party, including Third-Party Providers.

6.  Governing Law; Arbitration.

6.1 Governing Law

Except as otherwise expressly provided in these Terms, these Terms shall be exclusively governed by and construed in accordance with the laws of the Kingdom of Morocco, without regard to conflict of law principles.
The United Nations Convention on Contracts for the International Sale of Goods of 1980 (Vienna Convention – CISG) shall not apply.

6.2 Mediation and Arbitration

Any dispute, conflict, claim, or controversy arising out of or relating to the Services or these Terms, including their validity, interpretation, performance, or enforceability (each, a “Dispute”), shall be first submitted on a mandatory basis to mediation in accordance with the International Chamber of Commerce Mediation Rules (“ICC Mediation Rules”).

If the Dispute has not been settled within sixty (60) days from the date a request for mediation is submitted under the ICC Mediation Rules, the Dispute shall be finally and exclusively resolved by arbitration under the Rules of Arbitration of the International Chamber of Commerce (“ICC Arbitration Rules”).

The Emergency Arbitrator provisions of the ICC Arbitration Rules shall not apply.

The Dispute shall be decided by one (1) arbitrator, appointed in accordance with the ICC Arbitration Rules.
The seat and place of both mediation and arbitration shall be Casablanca, Kingdom of Morocco.

The language of the mediation and arbitration shall be English. If a party does not sufficiently understand or speak English, the mediation and/or arbitration shall be conducted in English and the party’s native language, as appropriate.

6.3 Confidentiality

The existence, conduct, and content of the mediation and arbitration proceedings shall be strictly confidential, including without limitation:

• all pleadings, briefs, submissions, and evidence.
• correspondence with or from the International Chamber of Commerce.
• communications from the mediator; and
• all orders, decisions, and awards issued by the arbitrator.

No such information shall be disclosed to any third party without the prior express written consent of the other party, except where:

• disclosure is reasonably necessary for the conduct of the mediation or arbitration proceedings; and
  (ii) the third party has agreed in writing, unconditionally, to be bound by the confidentiality obligations set forth herein.

• 7.   Other Provisions

• 7.1 Claims of Copyright or Trademark Infringement

Claims of copyright or trademark infringement should be submitted to OberDrive’s designated agent.
For the designated contact details and additional information, please visit OberDrive’s website at:
https://oberdrive.com/privacy-policy/

7.2 Notices

OberDrive may provide notice to you by any of the following means:

• a general notice made available through the Services.
• electronic mail sent to the email address associated with your Account; or
• written communication sent to the physical address associated with your Account, if applicable.

You may provide notice to OberDrive by written communication sent by email to:
support@oberdrive.com

7.3 General Provisions

You may not assign or transfer these Terms, in whole or in part, without OberDrive’s prior written consent. You hereby consent to OberDrive assigning or transferring these Terms, in whole or in part, including to:

(i) a subsidiary or affiliate;
(ii) an acquirer of OberDrive’s equity, business, or assets; or
(iii) a successor by merger or reorganization.

Nothing in these Terms creates any joint venture, partnership, employment, or agency relationship between you and OberDrive, or between you and any Third-Party Provider, as a result of these Terms or your use of the Services.

7.4 Severability

If any provision of these Terms is held to be illegal, invalid, or unenforceable, in whole or in part, under applicable law, such provision shall be deemed modified to the minimum extent necessary to render it legal, valid, and enforceable. If such modification is not possible, the affected provision shall be deemed severed from these Terms, and the remaining provisions shall remain in full force and effect.

In such event, the parties shall replace the illegal, invalid, or unenforceable provision with a legal, valid, and enforceable provision that, to the greatest extent possible, reflects the original intent and economic effect of the severed provision.

7.5 Entire Agreement

These Terms constitute the entire agreement and understanding between you and OberDrive with respect to their subject matter and supersede all prior or contemporaneous agreements, negotiations, or understandings, whether written or oral, relating to such subject matter.

In these Terms, the words “include” and “including” mean “include, without limitation.”