📝 Terms and Conditions of Use (TCU)

Last updated: 30/07/2025

1. About us

The Misy application is published by Misy Technology SARLU, a single-member limited liability company with share capital of 30,000 Ariary, registered with the Antananarivo Trade and Companies Register under number 2024 B 00089, with its registered office at Ambohimamory AB 739/III, Antanety, Bemasoandro, Antananarivo Atsimondrano – Madagascar.

• Statistical number: 49292-11-2024-0-10090

• Tax Identification Number (NIF): 3 018 428 139

• Contact email: contact@misyapp.com

2. Purpose of the Terms of Use

These Terms and Conditions of Use (hereinafter the “Terms”) govern access to and use of the Misy mobile application (hereinafter the “Application”), whether you are a passenger or a partner driver.

By accessing or using the Application, you acknowledge that you have read, understood, and unconditionally accepted these Terms.

3. Changes to the Terms

We reserve the right to modify these Terms at any time. In the event of a material change, we will notify you via the Application or by email. Continued use of the Application after an update constitutes implied acceptance of the new Terms.

4. Eligibility

Use of the Application is restricted to persons aged 18 or over who have legal capacity to enter into a contract. Access to the Application may be suspended or prohibited in case of breach of these Terms.

5. Services offered

Misy acts as a technology platform facilitating connections between passenger users and independent third-party providers (drivers, taxis, bajaj, etc.) for transportation services.

• Misy is not a transport service provider.

• Each partner driver is fully independent from Misy.

6. How Third-Party Services work

• When a partner driver is nearby, the Application may offer you a service.

• The driver is free to accept or decline the ride request.

• At the end of a ride, a mutual rating system may be enabled (passenger and driver ratings).

• These ratings affect reputation on the platform.

7. Account creation

Some features require creating a Misy account. You are responsible for keeping your login credentials confidential. Any activity performed through your account is deemed to have been performed by you. In case of unauthorized access, notify Misy immediately.

8. Cancellation policy

8.1. Cancellation by the partner driver (free of charge)

• Passenger absent at the pickup point after 10 minutes.

• No response from the passenger.

• Inaccurate or false location.

• Dangerous passenger behavior.

8.2. Cancellation by the passenger (free of charge)

• Driver absent after 10 minutes.

• Driver unreachable.

• Non-compliant vehicle.

• Inappropriate driver behavior.

8.3. Refund

Any ride canceled in accordance with the conditions above is eligible for a full refund if prepaid.

8.4. Start of the ride

The ride starts when the driver picks up the passenger. After this point, cancellation will result in billing.

9. Responsible use of the Application

You agree to:

• Use the Application in compliance with the law and good practices.

• Not disrupt its operation (hacking, overloading, fraud, etc.).

• Not attempt unauthorized access to Misy’s systems or those of its partners.

10. User content

You retain intellectual property rights over the content you publish (reviews, photos, etc.), but grant Misy a worldwide, free, non-exclusive, and irrevocable license to use it within the scope of the Application.

11. Specific terms for partner drivers

Misy’s obligations:

• Provide access to the Application and a secure personal account area.

• Pay ride earnings weekly (minus a 15% commission).

Driver’s obligations:

• Comply with Malagasy law (license, insurance, etc.).

• Provide courteous, safe, and professional service.

• Keep a clean vehicle in good condition.

• Accept deduction of Misy’s commission (15% per ride).

• Repay any outstanding debit balance owed to Misy.

12. Intellectual property

Application content (code, graphics, text, logos, etc.) is protected by intellectual property rights. Any reproduction, distribution, or modification without written authorization is prohibited.

13. Limitation of liability

The Application is provided “as is,” without any guarantee of permanent availability or error-free operation.

• Accidents: Misy is not liable for damages resulting from road accidents or user behavior.

• Driver liability: The driver is solely responsible for compliance with traffic laws.

• Passenger liability: The passenger must follow safety instructions and safeguard personal belongings.

• Mandatory insurance: Drivers must hold third-party liability insurance.

In all cases, Misy’s liability is limited to the amount of commission collected on the ride concerned.

14. Indemnification

You agree to indemnify and hold Misy harmless from any claim related to your use of the Application or breach of these Terms.

15. Termination

• Misy may suspend or close your account at any time, without notice, in case of non-compliance with these Terms.

• You may also close your account upon simple request to: contact@misyapp.com

16. Governing law and jurisdiction

These Terms are governed by Malagasy law. Any dispute shall be subject to the exclusive jurisdiction of the courts within the district of Misy’s registered office (Antananarivo).

17. General provisions

• These Terms constitute the entire agreement between you and Misy.

• If any clause is held invalid, the remainder of the Terms remains enforceable.

• You may not assign these Terms without Misy’s written consent.

• Misy may freely transfer them to a third party.

18. Contact us

For any question regarding these Terms, please write to:

📧 contact@misyapp.com