📄 Terms of Service – DurianX Mobile Apps

Last Updated: December 10, 2025

1. Introduction

Welcome to DurianX. These Terms of Service (“Terms”) govern your use of the DurianX mobile applications:

• DurianX Driver Delivery Mobile App – For registered delivery drivers
• DurianX Merchant Mobile App – For registered merchants and store owners

By downloading, installing, or using these applications, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our applications.

2. Application Descriptions

🚗 DurianX Driver Delivery Mobile App

The Driver Delivery Mobile App is designed for registered delivery drivers to:

• Receive and accept delivery job assignments
• Navigate to pickup and delivery locations using integrated maps
• Update order status in real-time
• Track earnings, incentives, and performance metrics
• Communicate with dispatchers and customers
• Manage availability and working hours

🏪 DurianX Merchant Mobile App

The Merchant Mobile App is designed for registered merchants and store owners to:

• Manage store information, hours, and availability
• Receive and process incoming orders
• Update menu items, pricing, and inventory
• Track sales, revenue, and order history
• Communicate with customers and delivery drivers
• Configure commission models and extra charges

3. Eligibility and Account Registration

To use these applications, you must:

• Be at least 18 years of age
• Have the legal capacity to enter into binding contracts
• Complete the registration process and provide accurate information
• Comply with all applicable laws and regulations
• Undergo verification as required by DurianX

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

4. User Responsibilities

🚗 Driver Responsibilities

• Maintain valid driver’s license and vehicle documentation
• Provide safe, timely, and professional delivery services
• Handle food and items with care and hygiene
• Follow traffic laws and safety regulations
• Update order status accurately and promptly
• Maintain communication availability during active deliveries
• Report any issues or incidents immediately

🏪 Merchant Responsibilities

• Provide accurate menu information, pricing, and availability
• Prepare orders according to specifications and quality standards
• Maintain valid business licenses and food safety certifications
• Update store hours and availability in real-time
• Respond to orders promptly within SLA timeframes
• Ensure food safety and proper packaging
• Handle customer inquiries and issues professionally

5. Payments and Fees

• Driver Earnings: Drivers receive base pay, delivery fees, and incentives as outlined in the Driver Agreement. Payments are processed according to the payment schedule.
• Merchant Commissions: Merchants are subject to platform fees and commissions (Shared or Added commission models) as agreed in the Merchant Agreement.
• Currency: All transactions are processed in Cambodian Riel (KHR) unless otherwise specified.
• VAT: Applicable taxes (10% VAT) will be applied as per local regulations.

6. Prohibited Conduct

You agree not to:

• Use the app for any illegal or unauthorized purpose
• Violate any local, state, national, or international law
• Infringe on intellectual property rights
• Transmit viruses, malware, or harmful code
• Harass, abuse, or harm other users
• Manipulate ratings, reviews, or platform metrics
• Share account credentials with others
• Reverse engineer or attempt to extract source code

7. App Permissions

Our applications may request the following permissions:

• Location: Required for navigation and delivery tracking (Driver App)
• Camera: For scanning QR codes, taking order photos, and updating profile pictures
• Storage: To save photos and app data
• Notifications: To receive order alerts and platform updates
• Phone: To enable direct calling between drivers, merchants, and customers
• Network: To connect to the internet and sync data

You can manage permissions through your device settings. Some features may not work if permissions are denied.

8. Intellectual Property

All content, features, and functionality of the DurianX applications, including but not limited to text, graphics, logos, icons, images, and software, are the exclusive property of DurianX and are protected by copyright, trademark, and other intellectual property laws. You may not:

• Copy, modify, or distribute app content without permission
• Use DurianX trademarks or branding without authorization
• Create derivative works based on our applications

9. Service Availability and Modifications

We reserve the right to:

• Modify or discontinue the services at any time
• Update app features and functionality
• Perform maintenance that may temporarily limit access
• Change fees and commission structures with notice

We will provide reasonable notice of material changes when possible.

10. Termination

We reserve the right to suspend or terminate your account at any time for:

• Violation of these Terms
• Fraudulent or illegal activity
• Safety concerns or policy violations
• Prolonged inactivity
• Poor performance or customer ratings (Driver/Merchant specific)

You may also terminate your account at any time by contacting support. Upon termination:

• Your access to the app will be revoked
• Outstanding payments will be processed according to our payment terms
• You must return any DurianX property or equipment

11. Disclaimers and Limitation of Liability

Disclaimers

The DurianX applications are provided “as is” and “as available” without warranties of any kind, either express or implied. We do not guarantee:

• Uninterrupted or error-free service
• Accuracy or reliability of information
• Specific earnings or results
• Availability of orders or delivery opportunities

Limitation of Liability

To the fullest extent permitted by law, DurianX shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of the applications, including but not limited to:

• Loss of profits or revenue
• Loss of data or information
• Vehicle damage or accidents
• Injuries sustained while using the service

Our total liability shall not exceed the amount paid by you to DurianX (or paid to you by DurianX for drivers) in the past 12 months.

12. Indemnification

You agree to indemnify and hold harmless DurianX, its affiliates, and their respective officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from:

• Your use of the applications
• Your violation of these Terms
• Your violation of any rights of third parties
• Your negligence or misconduct

13. Dispute Resolution

Governing Law

These Terms are governed by the laws of the Kingdom of Cambodia.

Dispute Process

In the event of a dispute:

1. Contact DurianX support to resolve the issue informally
2. If unresolved, disputes may be submitted to mediation
3. Legal disputes shall be resolved in the courts of Cambodia

14. Changes to Terms

We may update these Terms from time to time. We will notify you of material changes through:

• In-app notifications
• Email to your registered address
• Notice on our website

Your continued use of the applications after changes take effect constitutes acceptance of the updated Terms. If you do not agree to the changes, you must stop using the applications.

15. General Provisions

Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

Entire Agreement

These Terms, together with our Privacy Policy and any supplemental agreements, constitute the entire agreement between you and DurianX.

No Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

Assignment

You may not assign or transfer these Terms without our written consent. We may assign our rights and obligations without restriction.

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By using the DurianX Driver Delivery Mobile App or Merchant Mobile App, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.