Terms of Service

1. Who these Terms apply to

These Terms apply when you access or use Dromium in any way, including:

• Visiting our marketing website.
• Creating or using a Dromium account for your rental company.
• Accessing the dashboard, widget, APIs or any related features.

If you use Dromium on behalf of a company or other organization, you confirm that you are authorized to accept these Terms on its behalf. In that case, “you” refers to both you as an individual user and the organization you represent.

2. What Dromium does

Dromium is a software platform that helps rental fleets manage online bookings, pricing, clients, cars and payments. The platform typically includes:

• A booking widget you can embed on your website.
• An internal dashboard for managing bookings, clients and cars.
• Integrations with third-party services, such as payment processors (for example, Stripe).

Dromium provides software and integrations. We do not own or operate your rental business, we do not provide vehicles, and we are not a party to rental agreements between you and your clients.

3. Accounts, access and security

To use Dromium as a rental company or team member, you may need to:

• Create an account or accept an invitation from your organization.
• Provide accurate contact and company information.
• Keep your login credentials confidential and secure.

You are responsible for all activity that occurs under your account or within your organization’s account, including actions taken by users you invite or authorize. If you believe your account has been compromised, you must notify us as soon as possible.

4. Your responsibilities

You are responsible for how you use Dromium and for any content you enter into the platform. In particular, you agree that you will:

• Use Dromium in compliance with applicable laws and regulations.
• Provide accurate information about your company, cars, pricing and terms.
• Communicate clearly with your clients about prices, deposits, holds and policies.
• Respect the privacy and rights of your clients and staff.

You must not use Dromium to do anything unlawful, harmful, fraudulent or abusive, including but not limited to:

• Sending spam or unauthorized marketing.
• Storing or transmitting illegal content.
• Attempting to gain unauthorized access to systems or data.
• Reverse engineering or circumventing security features of the Service.

5. Plans, payments and fees

You agree to pay the fees for the Service as described on our pricing page or in a separate order form or written agreement between you and Incogito LLC (together, the “Fees”). This may include a recurring platform fee (for example, a monthly subscription) and a usage-based fee calculated as a percentage of payments processed through Dromium.

Unless otherwise agreed in writing, Fees are billed in advance on a recurring basis and are due immediately upon invoice or charge. You authorize Incogito LLC and/or our payment processors (including Stripe) to charge all applicable Fees to your designated payment method.

Fees charged by Incogito LLC for your use of Dromium are exclusive of any applicable sales, use, value-added or similar taxes (“Transaction Taxes”), except where we explicitly state otherwise. Where required by law, we may calculate and add Transaction Taxes to your invoice, and you agree to pay such amounts unless you provide a valid tax exemption certificate.

You are solely responsible for determining and collecting any taxes, duties, levies or similar governmental assessments that apply to amounts you charge your own renters or customers (including, where applicable, VAT, GST, sales tax or tourism taxes). Dromium does not calculate, collect or remit such taxes on your behalf unless we expressly agree to do so in writing.

We may change our Fees or introduce new charges in the future. Any changes will apply beginning on the next billing period after we notify you. If you do not agree to the new Fees, your remedy is to cancel your subscription before the changes take effect.

6. Payments, Stripe and platform fees

Dromium uses Stripe, Inc. and its affiliates (“Stripe”) to provide payment processing and payout functionality through Stripe Connect. In order to accept payments through Dromium, you must maintain your own Stripe account that is connected to Dromium (a “Connected Account”). Your use of Stripe is subject to Stripe’s own terms, policies and onboarding requirements, which you must review and accept directly with Stripe.

Dromium currently uses Stripe “Standard” connected accounts. This means that your settlement funds are paid out to you directly by Stripe, not by Incogito LLC, and that Stripe, not Incogito LLC, is the payment service provider to you and your renters or customers. Dromium does not hold, custody or control your settlement funds, except for any platform fees charged as described below.

When a renter or customer pays through Dromium, the total amount may be subject to Stripe’s own processing fees and Dromium’s platform fee (for example, a percentage of each successful charge). Dromium’s platform fee may be collected automatically via Stripe Connect application fees or similar mechanisms, and is in addition to any subscription or other Fees described in Section 5. You are responsible for any Stripe fees that apply to your Connected Account.

We are not a bank, payment institution or money transmitter. Apart from any platform fees collected via Stripe as described above, all financial transactions between you and your renters or customers are ultimately processed and settled by Stripe or any other payment provider you choose.

7. Relationship with your clients

When a client books through your widget or any Dromium-powered flow, the contract for vehicle rental is between you and that client—not between the client and InCogito LLC. Dromium is a tool you use to operate your rental business.

You are solely responsible for:

• The quality, safety and legality of the vehicles and services you offer.
• Your rental terms, including pricing, deposits, insurance and policies.
• Compliance with local laws, licensing and regulatory requirements.
• Handling disputes, refunds, cancellations, chargebacks and complaints with your clients and with Stripe or any other payment provider.

While Dromium may display payment and hold status based on information received from Stripe, we are not a party to the underlying rental agreements and do not guarantee bookings, payments or specific outcomes. However, we will reasonably cooperate with you by providing logs and information that may help you resolve issues with your clients or payment providers.

8. Data, privacy and confidentiality

Our handling of personal data is described in the Privacy Policy, which is incorporated into these Terms by reference.

In many cases, you act as the controller of your clients’ personal data and Incogito acts as a service provider / processor. We will process that data only to provide the Service and in accordance with our agreement with you.

We treat your business data (for example, pricing models, booking history, client lists) as confidential and use it only to provide and improve Dromium, troubleshoot issues, comply with legal obligations and as otherwise described in our Privacy Policy.

9. Intellectual property

Dromium, including its software, design, logos, and underlying technology, is owned or licensed by Incogito LLC and is protected by copyright, trademark and other laws.

We grant you a limited, non-exclusive, non-transferable license to use Dromium for your internal business purposes, in accordance with these Terms and any applicable order or subscription.

You retain all rights to the content and data you input into Dromium (such as information about cars, bookings, clients and your own pricing). You grant us a limited license to use that content only as needed to operate and improve the Service.

10. Service availability and changes

We aim to provide a reliable, secure Service, but Dromium may occasionally be unavailable due to planned maintenance, updates or unexpected issues.

We may add, change or remove features from time to time. If we make a change that significantly reduces core functionality for paying customers, we will use reasonable efforts to provide notice in advance.

11. Termination

You may stop using Dromium at any time. If you wish to close your organization’s account, you can contact us at support@dromium.com.

We may suspend or terminate your access to the Service if:

• You materially breach these Terms or applicable law.
• Your use of Dromium creates a security risk, legal risk or unreasonable burden.
• You fail to pay applicable fees after reasonable reminders.

Where reasonable, we will attempt to notify you in advance and give you an opportunity to address the issue before suspending or terminating access.

12. Disclaimers

Dromium is provided on an “as is” and “as available” basis. To the maximum extent permitted by law, we disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose and non-infringement.

We do not guarantee that Dromium will be uninterrupted, error-free or free of harmful components, or that it will meet all of your specific requirements.

13. Limitation of liability

To the maximum extent permitted by law, Incogito LLC and its officers, employees and contractors shall not be liable for any indirect, incidental, special, consequential or punitive damages, or for any loss of profits, revenues, data or goodwill, arising out of or related to your use of Dromium.

To the extent we are found liable despite the above, our total liability arising out of or in connection with the Service or these Terms will be limited to the greater of (a) the amount you paid to us for the Service in the 12 months before the claim arose, or (b) one hundred (100) US dollars.

Some jurisdictions do not allow certain limitations of liability, so some of the above may not apply to you. In those cases, the limitations will apply to the fullest extent permitted by law.

14. Indemnity

You agree to indemnify and hold harmless Incogito LLC from and against any claims, damages, losses and expenses (including reasonable legal fees) arising out of or related to:

• Your use of Dromium in violation of these Terms or applicable law.
• Any content or data you enter into Dromium.
• Your rental agreements and relationships with your clients.

15. Governing law and disputes

These Terms are governed by the laws of the State of Delaware, United States, without regard to its conflict of laws principles.

Any dispute arising out of or relating to these Terms or your use of Dromium will be subject to the exclusive jurisdiction of the state and federal courts located in Delaware, United States, and you consent to their jurisdiction and venue.

16. Changes to these Terms

We may update these Terms from time to time. When we do, we will update the “Last updated” date at the top of this page. If a change is material, we will provide additional notice, for example via email or in-app notifications.

If you continue to use Dromium after changes take effect, you agree to the updated Terms. If you do not agree, you must stop using the Service.

17. Contact

If you have questions about these Terms or want to discuss how they apply to your use of Dromium, you can contact us at:

• Email: hello@dromium.com
• Company: InCogito LLC (Delaware, United States)