Please read these terms and conditions carefully before using our services.
Last Updated: December 5, 2025
Effective Date: December 5, 2025
These Terms and Conditions ("Terms") govern your access to and use of the Xtrafyl platform, including but not limited to the website located at https://xtrafyl.com, the Customer Mobile App, the Driver Mobile App, the Provider Web Application / Panel and all services solely provided by Xtrafyl ("Xtrafyl", "we", "our", or "us") thereto (the "Platform").
By accessing or using the Platform, you agree to be bound by these Terms. If you are accessing and/or using the Platform for an entity, such as the company you work for, you represent that you have authority to bind that entity to these Terms, and you agree that "you", and "your", and "yourself" as used in these Terms includes both you personally and the entity you represent. If you are accessing the Platform on behalf of only yourself as an individual, then you agree that "you", and "your", and "yourself" as used in these Terms includes only you personally as an individual. Unless otherwise specifically stated in these Terms, these Terms apply to third-party businesses, individual consumers, and all others that access and/or use the Platform.
These Terms constitute a legally binding agreement made between you and us. By accessing and using the Platform you represent and agree that: (i) you have read and familiarized yourself with these Terms; (ii) you understand these Terms, and (iii) you are bound by these Terms. If you do not accept and agree to all of these Terms, then you MUST NOT access and/or use the Platform.
You represent to us that you are over 18 years of age and are lawfully able to enter into contracts in the jurisdiction where you are a citizen. The Platform is not intended to be used by persons who are under 18 years of age or are not lawfully able to enter into contracts in the jurisdiction where you are a citizen. If you are under 18 years of age and/or are not lawfully able to enter into contracts in the jurisdiction where you are a citizen, then you must not use any of the Platform.
The Platform enables:
Xtrafyl does not provide services directly and is not responsible for the execution of services beyond facilitating the connection between you and the Third-Party Service Provider.
The information provided when using the Platform is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Platform from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
Any information submitted, posted, displayed, provided, or otherwise made available on the Platform is for informational, research, and educational purposes only and it is not intended to be used as advice including but not limited to legal or financial advice. You should seek independent professional advice from a person who is licensed and/or specialized and/or qualified in the applicable area before taking or refraining from any action based on any information contained on the Platform. You agree and acknowledge that you are using the Platform at your own risk.
Individuals who request services such as towing, fuel delivery, EV charging, car wash, detailing, breakdown assistance, tire repair, and similar services.
Businesses or individuals registered to accept service requests and manage drivers. Third-Party Service Providers act as independent contractors, not employees or agents of Xtrafyl.
Individuals authorized by Third-Party Service Providers to perform services.
You may be able to create an account on the Platform. By creating an account, you agree that:
You are solely responsible for the protection of your account security including, but not limited to account numbers, customer name, and password associated with Internet access to the Platform and/or Interactive Areas and/or other methods to access the Platform. In the event of any unauthorized access to your account, you must immediately notify us; however, we are not responsible or liable for damage of any kind as a result of any unauthorized access. To protect yourself from unauthorized access to your account information, we highly recommend that you change your password frequently and you do not share your password and account numbers with anyone. You may not share your account credentials or make your account available to anyone else and are responsible for all activities that occur under your account. You may not transfer, sell, assign, loan or license your account to any other person. If you create an account or use the Platform on behalf of another person or entity, you must have the authority to accept these Terms and our Privacy Policy on their behalf.
You agree to provide current, complete and accurate purchase and account information for all purchases made using the Platform. You agree to promptly update your account and other information, including but not limited to your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
By registering as a Third-Party Service Provider, you agree to:
Third-Party Service Providers act as independent contractors, not employees or agents of Xtrafyl.
To register and remain active, each Third-Party Service Provider must:
Failure to meet these requirements may result in suspension or termination of the Third-Party Service Provider at our sole discretion.
Third-Party Service Providers and Drivers agree to:
Xtrafyl may monitor service quality for platform integrity.
Third-Party Providers are solely responsible for:
Drivers are not employees of Xtrafyl.
Drivers must enable location access in the Driver App during active services to allow:
Disabling required permissions may result in service cancellation or account suspension at our sole discretion.
Third-Party Providers and Drivers agree not to:
The Platform may include certain functions that are accessed or modified through the Platform, which may require explicit user permission to access such functions. You acknowledge and agree that denying explicit user permission to those functions (which may include but is not limited to access to contacts, microphone, camera, location, notifications, or storage functions) may affect or reduce your user experience, or prevent the Platform from working altogether.
Customer App:
Driver App:
Provider Panel:
Payments are processed through secure third-party providers. Xtrafyl is not responsible for delays caused by banking systems.
Third-Party Service Providers must:
Accepting requests outside declared service areas may affect performance ratings.
Third-Party Service Providers must maintain:
Minimum coverage required for Third-Party Service Providers:
Proof of insurance may be requested at any time by us and you must provide adequate proof of insurance. Failure to comply with a proof of insurance request or having inadequate insurance may result in service cancellation or account suspension at our sole discretion.
Xtrafyl may suspend or terminate accounts for:
Termination decisions are final.
If you access the app version of the Platform, then we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the app version of the Platform on wireless electronic devices owned or controlled by you, and to access and use the app version of the Platform on such devices strictly in accordance with the terms and conditions of this mobile application license contained in these Terms.
You shall not:
The following terms apply when you use the app version of the Platform obtained from either the Apple Store or Google Play (each an "App Distributor") to access the App:
The following applies to any mobile applications, including but not limited to the app version of the Platform that you acquire from the Google Play Store ("Google-Sourced Software"):
The following applies to any mobile applications, including but not limited to the app version of the Platform that you acquire from the Apple App Store ("Apple-Sourced Software"):
You acknowledge and agree that these Terms are solely between you and us, not Apple, Inc. ("Apple") and that Apple has no responsibility for the Apple-Sourced Software or content thereof. Your use of the Apple-Sourced Software must comply with the App Store Terms of Service. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Apple-Sourced Software.
In the event of any failure of the Apple-Sourced Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Apple-Sourced Software to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple-Sourced Software, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by these Terms and any law applicable to us as provider of the software.
You acknowledge that Apple is not responsible for addressing any claims of you or any third party relating to the Apple-Sourced Software or your possession and/or use of the Apple-Sourced Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Apple-Sourced Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation; and all such claims are governed solely by these Terms and any law applicable to us as the provider of the software.
You acknowledge that, in the event of any third-party claim that the Apple-Sourced Software or your possession and use of that Apple-Sourced Software infringes that third party's intellectual property rights, us, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms.
You and we acknowledge and agree that Apple, and Apple's subsidiaries, are third-party beneficiaries of these Terms as relates to your license of the Apple-Sourced Software, and that, upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms as relates to your license of the Apple-Sourced Software against you as a third-party beneficiary thereof.
Xtrafyl is not liable for:
Users agree to use the platform and the Platform at their own risk.
In no event will we or our directors, employees, or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages arising from your use of the Platform.
Third-Party Service Providers and Drivers agree to indemnify and hold Xtrafyl harmless from any claims, damages, losses, or legal actions arising from their services or conduct.
In addition to the foregoing, you agree to defend, indemnify and hold harmless us, our affiliates, subsidiaries, employees, contractors, partners, investors, agents, officers, directors, successors and assigns from and against any and all complaints, claims, charges, causes of action, suits, actions, demands, recoveries, damages, obligations, losses, liabilities, costs, fines, penalties, debt, expenses or other costs or expenses of any kind or nature, including without limitation attorneys' fees and accounting fees, whether known or unknown, whether at law or in equity, whether suspected or unsuspected, whether disclosed and undisclosed, arising out of, in connection with or related to any claim, suit, action or proceeding by a third party arising out of or relating to: (i) your use, misuse and/or unlawful use of the Platform; (ii) your breach of these Terms and/or our Privacy Policy and/or Contracts; (iii) your violation of any law or the rights of a third party; or (iv) any content that you post, upload or cause to interfere with the Platform, or otherwise transfer, process, use or store in connection with the Platform.
On the Platform we may offer products and/or services. We have made every effort to provide an accurate representation of our products and services on the Platform. However, please note that colors or product appearance of the products and/or services may differ from how they may appear on your screen due to the type of device you use to access the Platform and your device settings and configuration. We do not warrant that the appearance or quality of any of our products and/or services purchased by you will meet your expectations or be the same as depicted or rendered on the Platform and/or in the Platform.
We may make changes to any of our products and/or services offered on the Platform, and/or to the applicable prices for any such products and/or services at any time without notice. The materials and/or information on the Platform may be out of date and we make no commitment to update the materials and/or information on the Platform. All descriptions of products and/or services are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any of our products and/or services at any time and may limit the products and/or Platform to any person, geographic region or jurisdiction, on a case-by-case basis.
By posting, displaying, publishing or making available for download or use any content by using the Platform (other than personal information that is subject to the Privacy Policy), you hereby grant us a perpetual, worldwide, nonexclusive, irrevocable, royalty-free, sub-licensable license to perform, display, reproduce, prepare derivative works from, distribute, sell, sublicense, transfer and otherwise use without restriction all or any part of such content.
By submitting any message, data, information, review, postings, text, music, sound, photos, graphics, code or any other content to the Platform and/or concerning the Platform (collectively, "Submissions"), you are certifying that you are the rightful owner or licensee of the Submissions and you grant us with a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sub-licensable right to: (i) use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such Submissions throughout the world in any media, now known or hereafter devised; and (ii) use the name that you submit in connection with such Submission.
By using the Platform, you represent and warrant that:
You may not access or use the Platform for any purpose other than that for which we make the Platform available. As a user of the Platform, you agree not to do the following without our express prior written consent:
When you visit the Platform and/or use the services and/or send electronic communications to us (including, but not limited to email), you are communicating with us electronically; and you consent to receive communications from us electronically. We may communicate with you by email or by posting notices on the Platform, services or by other form of electronic message. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
You have a right to withdraw your consent to receive electronic communications at any time, and you acknowledge that such withdrawal of consent may prohibit you from accessing and using core functionalities of the Platform. If you want to withdraw your consent to receive electronic communications, please contact us at: support@xtrafyl.com.
You represent that, in agreeing to, and performing under these Terms that you are not violating, and will not violate, any governmental laws, rules, regulations or orders that are applicable to your use of the Platform ("Applicable Laws"). Without limiting the foregoing, you represent that, in connection with your performance under these Terms, you shall:
Although our Platform is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through our Platform are available to all persons or in all geographic locations, or appropriate or available for use outside the United States of America. We reserve the right to limit, in our sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made in the Platform is void where prohibited. If you choose to access the Platform from outside the United States of America, you do so on your own initiative and you are solely responsible for complying with applicable local laws.
We cannot guarantee the Platform will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Platform, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Platform at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Platform during any downtime or discontinuance of the Platform.
The Platform may be integrated and/or have API reliance from third-parties. We do not guarantee any continued availability of the API reliance on third-parties including if those third-parties change or revoke access to the APIs. In addition, it is your sole responsibility for providing accurate API credentials. We are not responsible or liable for any incorrect API credentials or other things that cause issues with the API.
By accessing and/or using the Platform, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand and agree that any message or information you send through the Platform may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, your personal, payment or credit card information) is encrypted.
Unless otherwise indicated, we own all rights, title and interest in the Platform and our services is our proprietary property. All content, information, materials, source code, object code, databases, functionality, infrastructure, software, website designs, user interfaces, visual interfaces, audio, sounds, music, artwork, materials, video, text, photographs, images, and graphics on the Platform (collectively, the "Content") and the trademarks, service marks, and logos contained therein (the "Marks") are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws.
The Content and the Marks are provided on the Platform are "AS IS" and "AS AVAILABLE" for your information and personal use only. No part of the Platform and no Content or Marks on the Platform may be copied, reproduced, recreated, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, modified, sold, licensed, sublicensed, loaned or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
We and our partners use cookies or similar technologies to optimize the functionality of the Platform to help us understand how the Platform is used and provide you with interest-based advertising based upon a user's browsing activities and interests. For more information about the cookies and similar technologies used on the Platform, please refer to our Cookie Policy located in our Privacy Policy (currently published at https://xtrafyl.com/privacy-policy/).
We may disclose any information we have about you including, but not limited to your identity if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Platform, or to identify, contact or bring legal action against someone who may be causing injury to or interference with either intentionally or unintentionally our rights or property, or the rights or property of visitors to or users of the Platform.
You agree that we may, in our sole discretion and without prior notice, suspend or terminate your access to the Platform and/or block your future access to the Platform, in our sole discretion, for reasons including but is not limited to: (i) requests by law enforcement or other government agencies; (ii) a request by you; (iii) discontinuance or material modification of the Platform and/or any service offered on or through the Platform; (iv) unexpected technical issues or problems; (v) non-payment of services when owed; (vi) any abuse, as decided in our sole discretion; (vii) our determination that you have violated any law; or (viii) our determination that you have violated these Terms or other agreements or guidelines which may be associated with your use of the Platform.
You agree that we, in our sole discretion, may terminate or suspend your use or access to the Platform, Content, information, and/or services at any time and for any or no reason, in our sole discretion, and without prior notification, even if access and use continues to be allowed to others. Upon such suspension or termination, you must immediately discontinue use of the Platform. Accessing the Platform, Content, information, and/or services after such termination, suspension or discontinuation shall constitute an act of trespass. Further, you agree that we shall not be liable to you or any third party for any termination or suspension of your access to the Platform, Content, information, and services.
We reserve the right, at our sole discretion, to change, modify, update, add or remove all or portions of these Terms at any time. It is your responsibility to check these Terms periodically for changes. If we make any material changes to these Terms, we will update these Terms and change the "Last Updated" date at the top of these Terms. Your continued use of the Platform following the posting of any changes to our Terms will mean that you accept and agree to the changes.
Occasionally there may be information in the Platform that may contain typographical errors, inaccuracies or omissions. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Platform is inaccurate at any time without prior notice, including after you have made any purchase(s).
Our Privacy Policy (currently published at https://xtrafyl.com/privacy-policy/) (the "Privacy Policy") applies to your access and/or use of the Platform and its terms are made a part of and incorporated into these Terms by this reference. The Privacy Policy may be changed from time to time and such changes are effective immediately upon their posting. By accessing and/or using the Platform, you acknowledge that you have read our Privacy Policy and agree to our Privacy Policy.
If these Terms and/or our Privacy Policy conflicts with any language in any other contract we enter into with you (the "Contracts"), then the language contained in those Contracts shall govern. Additional terms and conditions may apply to specific portions or features of the Platform. You agree to abide by such other terms and conditions.
The primary backend database/auth/storage is for the Contents and Platform is hosted in the United States of America. We process data in the United States of America and other countries where our third-party service providers operate, and we make no representation that the Platform is appropriate or available for use beyond the United States of America. If you use the Platform from other locations, you are doing so on your own initiative and are responsible for compliance with applicable local laws regarding your online conduct and acceptable content, if and to the extent local laws apply.
If you are in a jurisdiction outside the United States of America and nevertheless continue to use the Platform, your information may be transferred into and processed within the United States of America, and your continued use of the Platform constitutes your consent to such transfer and processing. Please review our Privacy Policy (currently published at https://xtrafyl.com/privacy-policy/) for additional information on how we process and protect your data.
The Platform is provided on an "AS IS" and "AS AVAILABLE" basis. You agree that your use of the Platform will be at your sole risk. To the fullest extent permitted by law, we disclaim all warranties, express or implied, in connection with the Platform and your use thereof, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We assume no liability or responsibility for any: (i) errors, mistakes or inaccuracies of data or information posted, displayed, published or made available for download or use pertaining to the Platform; (ii) personal injury or property damage, of any nature whatsoever, resulting from use of the Platform; (iii) any interruption or cessation of transmission to or from the Platform; including but not limited to those occurring because of maintenance or during maintenance windows; (iv) lack of revenue impact; or (v) the defamatory, offensive or illegal conduct of any third party not under our control. The information provided on the Platform is made available solely for general information purposes and is neither designed nor intended to provide legal or other professional advice. You agree and acknowledge that you are using the Platform strictly at your own risk. Any reliance you place on such information is strictly at your own risk.
These Terms and your use of the Platform are governed by and construed in accordance with the laws of the State of New York applicable to agreements made and to be entirely performed within the State of New York, without regard to its conflict of law principles.
If you and we have any dispute, controversy and/or claim related to these Terms ("Dispute"), then you and all parties hereto agree that such Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by final and binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.
The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and, where appropriate, the AAA's Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the American Arbitration Association (AAA) website. The arbitration may be conducted in person at a location in Destin, Florida, through the submission of documents, by phone, or online.
If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state or federal courts located in New York County, New York or the courts closest in distance thereto, and both you and we hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such state and federal courts.
All parties hereto agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law: (i) no arbitration shall be joined with any other proceeding; (ii) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (iii) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
We respect the rights of copyright holders and abide by the federal Digital Millennium Copyright Act and similar regulations in other jurisdictions by responding to written notifications of alleged infringement by copyright holders.
As part of our response, we may remove or disable access to allegedly infringing material residing within the Platform (collectively, the "Materials"). This Copyright Infringement Notice and Takedown Policy ("DMCA Policy") supplements, and is incorporated into our Privacy Policy and all other contracts between you and us.
If you believe that any content residing or accessible on or through the Materials infringes your copyright, please send a notice of copyright infringement to us at support@xtrafyl.com and make sure the notice of copyright infringement contains the following information:
Following receipt of a proper written notification, we will promptly remove or disable access to the allegedly infringing content. We will also: (i) notify the user who posted the allegedly infringing material that we have removed the material or disabled access to it; and (ii) provide the user with a copy of the copyright infringement notification. We may suspend or terminate access to the Materials of users that repeatedly or egregiously infringe the copyrights of others.
If you believe your content was removed or disabled by mistake or misidentification, you may send us a counter-notification that includes the following information:
In accordance with the DMCA and other applicable law, we have adopted a policy of terminating access to the Materials for any users who, in our sole discretion, are deemed to be repeat infringers. We may also and at our sole discretion limit and/or terminate access to the Materials of any users who infringe any intellectual property rights of others, whether or not they are repeat infringers.
Both infringement notifications and counter notifications should be submitted to our Copyright Agent at support@xtrafyl.com.
The terms and conditions providing for any activity following the termination or expiration of this Terms, any warranties, disclaimers, remedies and any indemnification obligations, and any other provision which, by its terms is intended to survive the termination of these Terms, shall survive the termination or expiration of these Terms.
These Terms, the Privacy Policy, and any policies and/or operating rules posted by us on the Platform or in respect to the Platform or otherwise, and/or any contracts we enter into with you constitutes the complete and exclusive statement of the agreement between you and us concerning this subject matter of these Terms and supersede all proposals, oral or written, and all other communications between you and us relating to the subject matter of these Terms.
These Terms do not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and us. You may not assign, transfer or sublicense all or any of your rights or obligations under these Terms without our express prior written consent. We may assign, transfer or sublicense all or any of our rights or obligations under these Terms without restriction.
Our failure to exercise or enforce any condition, term or provision of these Terms will not operate as a waiver of such condition, term or provision. Any waiver by us of any condition, term or provision of these Terms shall not be construed as a waiver of any other condition, term or provision. If any provision of these Terms is held invalid or unenforceable, the offending language shall be limited, rewritten, modified or interpreted as will render it enforceable and the remainder of these Terms shall continue in full force and effect.
If any non-English translations of these Terms are provided, it is for convenience only. In the event of any ambiguity or conflict between translations, the English version is authoritative and controls.
If you would like to receive further information regarding the use of the Platform or if you have any questions or need support, please contact us at:
Email: support@xtrafyl.com