TLCDesk
Legal

Terms of Service

Version 1.0 · Effective date: 2026-07-04

These Terms of Service (the "Terms") are a binding contract between you and Xponzy Tech LLC, a New York limited liability company doing business as TLCDesk, with offices at 418 Broadway STE R, Albany, NY 12207-2922 ("TLCDesk," "we," "us," or "our"). They govern your use of the TLCDesk mobile application, the owner and admin web portal at my.tlcdesk.com, the website at tlcdesk.com, our APIs at api.tlcdesk.com, and every related service (together, the "Service").

Please read Section 19 (Dispute Resolution and Arbitration) carefully. It requires most disputes to be resolved by binding individual arbitration instead of a court or jury trial, and it waives class actions. You may opt out within 30 days (Section 19.7).

By creating an account or using the Service, you accept these Terms. If you do not accept them, do not use the Service.

1. Definitions

  • "Driver" means a person with a Driver account who rents, or applies to rent, a Vehicle through the Service.
  • "Owner" means a person or business with an Owner account that lists one or more Vehicles for rent through the Service.
  • "Staff Member" means a person an Owner invites into the Owner's workspace ("Base") with a limited role (for example, staff or manager).
  • "Vehicle" means a for-hire vehicle registered with the New York State DMV that holds a current NYC Taxi & Limousine Commission ("TLC") For-Hire Vehicle License and is listed on the Service.
  • "Rental Agreement" means the vehicle rental contract signed electronically between an Owner and a Driver for a specific Vehicle. TLCDesk generates and stores this contract, but the contract is between the Owner and the Driver.
  • "Deposit" means the refundable security deposit a Driver pays for a rental, collected in two stages and held by TLCDesk as described in Section 8.
  • "Plan" means an Owner subscription plan (Starter, Pro, or Fleet) described in Section 6.

2. What TLCDesk Is — and What It Is Not

2.1 A marketplace. TLCDesk is a marketplace and software platform that connects NYC TLC-licensed Drivers with Owners of TLC-plated Vehicles. The Service provides vehicle discovery, document verification, standardized rental agreements with electronic signature, payment processing through Stripe, deposit escrow, dispute mediation, messaging, and fleet-management tools.

2.2 Not a party to the rental. Each rental is a direct contract between the Driver and the Owner. TLCDesk is not a party to any Rental Agreement, is not the lessor, and does not own, operate, inspect, maintain, or insure any Vehicle.

2.3 What TLCDesk does do with money and disputes. Even though TLCDesk is not a party to the Rental Agreement, TLCDesk does perform two active roles you should understand:

  • (a) Deposit holder. TLCDesk holds the Deposit in its own Stripe account as a neutral stakeholder, separate from the Owner, and releases it only as described in Section 8.
  • (b) Neutral mediator. When the Owner and Driver disagree about a deposit deduction or an insurance denial, TLCDesk reviews the documented evidence and decides how the held Deposit money moves, as described in Section 8. TLCDesk performs these roles as a neutral service provider, not as agent, insurer, or guarantor of either party.

2.4 Not offered. TLCDesk does not sell insurance, does not employ Drivers, does not extend consumer credit, and does not guarantee any Driver income or Vehicle availability. Drivers are independent contractors of no one through this Service; renting a Vehicle creates no employment, agency, joint-venture, or franchise relationship with TLCDesk or with the Owner.

3. Eligibility

You must keep every credential required for your role valid for as long as you use the Service. Renting or listing a Vehicle while a required license, registration, or insurance is expired, suspended, or revoked is a material breach of these Terms.

Three documents matter and are often confused. The TLC Driver License is the driver's personal license to drive for hire. The For-Hire Vehicle License is the vehicle's own TLC license, held by the Owner. The FH-1 is not a license — it is the For-Hire Insurance Certificate, issued in the Owner's name, that proves the Vehicle carries TLC-compliant commercial insurance.

3.1 Drivers

To rent a Vehicle you must:

  • (a) be at least 21 years old (a TLCDesk rule; the TLC's own minimum is lower);
  • (b) hold a valid New York State DMV driver license of a class permitted for for-hire driving, held for at least one (1) year before the rental begins;
  • (c) hold a valid, current NYC TLC Driver License, which we verify against the TLC's public records; and
  • (d) complete TLCDesk identity and document verification, including proof of address, before applying for a Vehicle.

3.2 Owners

To list a Vehicle you must:

  • (a) be the registered owner of the Vehicle or otherwise legally authorized to rent it out;
  • (b) list only a Vehicle registered with the New York State DMV that holds a current, active NYC TLC For-Hire Vehicle License;
  • (c) keep the Vehicle covered by TLC-compliant commercial for-hire liability insurance, evidenced by a current FH-1 certificate in your name, in force for the entire duration of every rental; and
  • (d) provide accurate vehicle, registration, license, and insurance information and complete Owner verification before publishing a listing.

3.3 Verification is not a guarantee

TLCDesk reviews the documents submitted to it and checks certain records against public NYC data sources. We do not, and cannot, guarantee the continued validity, accuracy, or effectiveness of any license, registration, or insurance policy after our review, and we do not inspect vehicles or investigate driving records beyond the checks described in the app. Each party remains responsible for its own credentials and for its own decision to rent to, or from, the other.

4. Accounts, Roles, and Security

4.1 Accurate information. You must register with accurate information and keep it current. You may hold only the roles you genuinely qualify for.

4.2 One person per account. Your account is personal. You may not share credentials, and you are responsible for all activity under your account. Tell us immediately at support@tlcdesk.com if you suspect unauthorized use.

4.3 Staff Members and Bases. An Owner may invite Staff Members into the Owner's Base with limited permissions. The Owner is responsible for the acts and omissions of its Staff Members on the Service. Removing a Staff Member removes their access; the Owner's subscription seat limits apply.

4.4 Administrators. TLCDesk platform administrators may access records as needed to operate the Service, review verifications, mediate disputes, and comply with law, as described in the Privacy Policy.

5. The Rental Flow

The standard flow implemented by the Service is:

  • 1. The Driver completes verification and applies for a Vehicle, consenting to share their document packet with the Owner and, where applicable, the Owner's insurance broker (Section 10.3), and pays the basic deposit (Section 8).
  • 2. The Owner reviews the Driver's packet with their insurance broker and approves or denies insurance for the Driver.
  • 3. On approval, the Driver pays the remainder of the Deposit, reviews and electronically signs the Rental Agreement, and pays the first week's rent.
  • 4. The parties meet in person for pickup, photograph the Vehicle's condition, and record the odometer reading. The pickup photos are the agreed condition baseline.
  • 5. Weekly rent is charged automatically each Monday (Section 7).
  • 6. At the end of the rental, the Vehicle is returned and documented, and the Deposit is settled under Section 8.

6. Owner Subscriptions and Billing

6.1 Plans and prices. Owners subscribe to a Plan to use owner features. Current Plans (all prices USD):

  • Starter — $49 monthly or $490 annual.
  • Pro — $149 monthly or $1,490 annual.
  • Fleet — $399 monthly or $3,990 annual.

Each Plan carries vehicle, staff-seat, and Base limits shown at checkout and in the portal.

6.2 Only charge to Owners; no commission. The subscription is TLCDesk's only charge to Owners. TLCDesk takes no percentage or commission of rental payments — Owners receive 100% of the weekly rent collected from Drivers.

6.3 Free trial. A Base's first subscription includes a 14-day free trial, once per Base. A Base that previously held any subscription or trial is billed from checkout. You are not charged if you cancel during the trial.

6.4 Billing and renewal. Subscriptions are billed in advance through Stripe, monthly or annually per the interval you choose, and renew automatically until canceled.

6.5 Plan changes. You may upgrade or downgrade at any time. When you change plans, the prorated difference between the old and the new price is charged or credited immediately, and future renewals bill the new price.

6.6 Cancellation. You may cancel at any time through the Stripe billing portal, reached from the owner portal at my.tlcdesk.com. Cancellation takes effect at the end of the current billing period. Partial billing periods are not refunded unless the law requires it.

6.7 Price changes. We may change Plan pricing or features with at least 30 days' notice. Changes take effect at your next renewal after the notice period.

6.8 Failure to pay. If a subscription payment fails, we may limit or suspend owner features until payment is made.

7. Driver Payments and the Card-Processing Fee

7.1 What Drivers pay. Drivers pay: (a) the two-stage Deposit; (b) the first week's rent at checkout; and (c) weekly rent charged automatically each Monday, in advance, through Stripe.

7.2 Card-processing fee. Every Driver charge includes a card-processing fee that covers our payment processor's cost (currently 2.9% + $0.30 per charge, set by Stripe). The charge is calculated so that, after Stripe's fee, the full intended amount remains: the Deposit is held whole and the Owner receives 100% of the rent. The fee is shown to you before each payment. The processing fee is not refundable, even when the underlying deposit is later refunded.

7.3 Payment authorization. By starting a rental you authorize TLCDesk, through Stripe, to charge your saved payment method for the weekly rent and other amounts you owe under these Terms and the Rental Agreement, each week for the duration of the rental.

7.4 Failed payments and the 24-hour grace period. If a weekly charge fails, the rental enters a 24-hour grace period and we notify you. If payment is not completed within the grace period, the rental may be terminated automatically. Termination for non-payment does not erase amounts already owed.

7.5 Currency and taxes. All charges are in USD. Owners are responsible for reporting their rental income; Drivers are responsible for their own tax reporting. TLCDesk does not provide tax advice.

8. Security Deposits, Escrow, and Disputes

8.1 Amount. The Deposit amount is set per Vehicle by the Owner and is shown before you apply. It is collected in two stages: a smaller basic deposit when you apply, and the remainder (total minus basic) after the Owner approves your insurance. Both amounts are snapshotted at application time so the price cannot change on you mid-flow.

8.2 Escrow. Both stages are captured to TLCDesk's platform account and held there, not paid to the Owner. Deposit money moves to the Owner only through the adjudication and settlement rules in this Section.

8.3 If your application stalls or is declined.

  • (a) If you apply but never complete the basic-deposit payment, the application is canceled after 24 hours and any uncaptured authorization is released.
  • (b) If the Owner does not decide on your insurance within 7 days of your application, your basic deposit is automatically refunded in full.
  • (c) If the Owner denies your insurance, the Owner must upload proof from their insurance broker, and a TLCDesk administrator adjudicates the denial: Driver refunded — if the denial is not properly supported, you receive a full refund of the basic deposit, with no deduction; Owner kept — if the denial is properly supported (for example, you were uninsurable and the Owner incurred broker costs), the basic deposit, less a 5% adjudication fee (which covers TLCDesk's cost of reviewing the evidence and disbursing the funds, and applies only to an owner-kept outcome — never to a full refund; it is the only per-transaction fee TLCDesk charges, as rent carries a 0% commission), is transferred to the Owner.

8.4 During and after the rental — deductions.

  • (a) The Owner may submit deposit deductions (for damage, tickets attributable to you, cleaning, fuel, and similar documented items) while the rental is active or within 7 days after it ends. Every deduction must include photo or document evidence.
  • (b) You may dispute a pending deduction. A deduction you do not dispute within 7 days of its submission is treated as accepted.
  • (c) Disputed deductions are withheld from the refund and reviewed by TLCDesk as a neutral mediator, based on the pickup and return photographs, the evidence submitted, and the Rental Agreement.
  • (d) Approximately 7 days after the rental ends, the Deposit, minus accepted deductions and any amounts withheld for open disputes, is refunded to the payment method you used. NYC camera violations and TLC vehicle summonses are the Owner's responsibility under New York law (Section 12) and are not deductible from your Deposit.

8.5 Migrated rentals. For a rental that started off-platform and was migrated onto TLCDesk, where the deposit was paid directly to the Owner before joining, that deposit stays with the Owner and is settled directly between the Owner and the Driver. TLCDesk does not hold, deduct from, or refund it.

8.6 Deposit is not rent. The Deposit may not be applied to rent by the Driver unilaterally. It exists to secure the Driver's obligations under the Rental Agreement.

9. Rental Agreements and Electronic Signature

9.1 The Rental Agreement is presented for review before signing, is signed electronically, and is generated as a PDF stored in your account, with a cryptographic fingerprint (SHA-256) and an audit record (signer name, timestamp, IP address, device) that attributes the signature.

9.2 By checking the consent box and signing, you agree that your electronic signature is legally binding under the federal ESIGN Act (15 U.S.C. § 7001) and the New York Electronic Signatures and Records Act. See the separate E-Sign Consent in our Consents document.

9.3 An Owner may provide their own contract PDF for a Vehicle. In that case the signed document is the Owner's contract plus a TLCDesk platform addendum (stating TLCDesk's non-party role, the insurance identification, the no-commission model, and the e-signature consent) plus the signature audit page. TLCDesk does not review or endorse Owner-provided contract terms.

10. Documents, Verification Data, and Sharing

10.1 What we verify. Drivers submit their TLC Driver License, NYS DMV license, date of birth, and proof of address. Owners submit vehicle registration, the For-Hire Vehicle License, the FH-1 insurance certificate, and, where applicable, business registration details. TLC records are checked against NYC Open Data public records.

10.2 Accuracy. Submitting falsified, altered, or someone else's documents is a material breach and grounds for immediate termination and report to authorities where appropriate.

10.3 Consent-gated sharing. Your driver document packet is shared with an Owner (and the Owner's insurance broker) only for a rental application you make, and only after you give document-sharing consent in the application flow. You may withdraw that consent; when withdrawn, the Owner's and their team's access to your documents is cut off, though it may end the application. See the Privacy Policy and the Consents document.

11. Location Sharing and Mileage (Optional Features)

11.1 Location sharing. During an active rental, a Driver may choose to share the Vehicle's current location with the Owner. This is off until the Driver turns it on, shares only the latest single position (not a route or history), works only while the rental is active, and can be turned off at any time — turning it off deletes the last reported position. The Owner can never see a Driver's location outside a live rental.

11.2 Mileage tracking. A Driver may separately opt in to automatic mileage tracking. It records only daily mile totals — never routes or positions — and only works while location sharing is running. Owners receive per-vehicle mileage records attributed to rentals of their own Vehicles, for business and tax record-keeping. Mileage estimates are informational and are not tax advice.

12. Violations, Tickets, and Tolls

12.1 TLCDesk polls NYC public records daily and surfaces parking and camera violations matched to listed Vehicle plates, attributing each violation to the Driver renting the Vehicle on the issue date where applicable.

12.2 As between Owner and Driver, unless their Rental Agreement lawfully says otherwise: the Driver is responsible for parking tickets, toll charges and toll violations, damage, and conduct-based fines incurred during the rental; the Owner is responsible for NYC camera violations (red light, speed, bus lane, school zone) and TLC vehicle summonses, which New York issues to the vehicle's registered owner regardless of who was driving, and these are not deductible from the Driver's Deposit.

12.3 Violation data comes from public city records and may be incomplete, delayed, or corrected by the city. It is provided for convenience and is not legal advice or an official record.

13. Prohibited Conduct

You agree not to:

  • (a) use the Service while any required license, registration, or insurance is invalid;
  • (b) sub-rent, lend, or assign a rented Vehicle to anyone else, or let anyone else drive it;
  • (c) use a Vehicle for anything other than lawful for-hire passenger transport in New York City, or operate it while impaired;
  • (d) take rental payments arranged through the Service off-platform to avoid the Service's records and protections (this does not restrict relationships that never used the Service);
  • (e) submit false documents, false evidence in a dispute, or false deductions;
  • (f) harass, threaten, or discriminate against other users;
  • (g) scrape, reverse engineer, probe, or interfere with the Service, or access another user's data without authorization;
  • (h) use the Service to violate any law, including TLC rules.

14. Messaging and Notifications

The Service includes in-app messaging between the parties to a rental and sends push notifications and emails about your account, rentals, payments, documents, and violations. Operational messages (payment failures, legal notices, document expirations) are part of the Service and cannot be fully disabled while you have active obligations; you can control non-essential notifications in settings.

15. Suspension, Termination, and Account Deletion

15.1 By you (rental). Drivers and Owners end rentals as provided in the Rental Agreement.

15.2 By you (account). You may request account deletion in the app. Deletion requests have a short grace period (currently 7 days) during which you can cancel the request. Deletion cannot complete while you have an active rental or an open money dispute. What is deleted and what must be retained is described in the Privacy Policy.

15.3 By us. We may suspend or terminate your account, remove listings, or withhold features if you materially breach these Terms, if a required credential lapses, if we suspect fraud or a safety risk, or if the law requires it. Where practical we will notify you and, for curable problems, give you a chance to cure.

15.4 Survival. Termination does not erase obligations that accrued before it. Sections 8, 9, 12, and 16 through 21 survive termination.

16. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE FULLEST EXTENT PERMITTED BY LAW, TLCDESK DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WITHOUT LIMITING THE ABOVE, TLCDESK DOES NOT WARRANT: THE ROADWORTHINESS, CONDITION, OR LEGAL STATUS OF ANY VEHICLE; THE CONDUCT, IDENTITY BEYOND OUR STATED CHECKS, OR CREDITWORTHINESS OF ANY USER; THE CONTINUED VALIDITY OF ANY LICENSE, REGISTRATION, OR INSURANCE AFTER VERIFICATION; OR THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. SOME JURISDICTIONS DO NOT ALLOW CERTAIN WARRANTY DISCLAIMERS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.

17. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY NEW YORK LAW:

  • (a) TLCDesk is not liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits, lost income (including income lost because a Vehicle was unavailable), or loss of data, even if advised of the possibility.
  • (b) TLCDesk is not liable for traffic accidents, personal injury, property damage, mechanical failures, or the criminal or negligent acts of Drivers, Owners, or third parties.
  • (c) TLCDesk's total aggregate liability arising out of or relating to the Service is limited to the greater of (i) one hundred dollars ($100) and (ii) the fees you paid to TLCDesk in the twelve (12) months before the event giving rise to the claim.

Nothing in these Terms limits liability that cannot be limited under applicable law, including liability for our own gross negligence or willful misconduct.

18. Indemnification

You will defend, indemnify, and hold harmless TLCDesk, Xponzy Tech LLC, and their officers, members, employees, and agents from claims, damages, and reasonable attorneys' fees arising out of: (a) your use of a Vehicle or the Service; (b) your breach of these Terms or a Rental Agreement; (c) your violation of law or of a third party's rights; or (d) content or documents you submit. We may assume the defense of any matter subject to indemnification, in which case you will cooperate.

19. Dispute Resolution and Arbitration

Please read this Section carefully. It affects your legal rights.

19.1 Talk to us first. Before filing any claim against TLCDesk, you agree to send a written description of the dispute to legal@tlcdesk.com or to Xponzy Tech LLC, 418 Broadway STE R, Albany, NY 12207-2922, and give us 30 days to try to resolve it informally.

19.2 Owner–Driver disputes. Disputes between a Driver and an Owner about deductions or insurance denials go through the in-app evidence and mediation process (Section 8) first. TLCDesk's adjudication controls only the movement of the escrowed Deposit; it does not bar either party from pursuing further remedies against the other under the Rental Agreement.

19.3 Binding arbitration. Except as provided in Sections 19.5 and 19.6, any dispute, claim, or controversy arising out of or relating to these Terms, the Service, or a Rental Agreement — whether against TLCDesk or between an Owner and a Driver — will be resolved by binding arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules, seated in New York County, New York, before a single arbitrator. Arbitration is a private, neutral process used instead of going to court; the arbitrator's decision is final and enforceable in court. Judgment on the award may be entered in any court of competent jurisdiction. The Federal Arbitration Act governs this Section.

19.4 Class action waiver. All claims must be brought individually. You and TLCDesk each waive the right to participate in a class action, class arbitration, or representative proceeding. The arbitrator may not consolidate claims of different parties. If this class waiver is held unenforceable as to a particular claim, that claim (and only that claim) must proceed in court.

19.5 Carve-outs. Either party may: (a) bring an individual claim in small claims court if it qualifies; (b) bring an action for the recovery of possession of a Vehicle in court (this mirrors the vehicle-recovery carve-out in the Rental Agreement); and (c) seek temporary injunctive relief in court to protect intellectual property or prevent unauthorized access to the Service, pending arbitration.

19.6 Fees. AAA filing and arbitrator fees are allocated under the AAA rules. If the arbitrator finds a claim frivolous, the arbitrator may reallocate fees as the rules permit.

19.7 30-day opt-out. You may opt out of arbitration entirely by sending written notice within 30 days of first accepting these Terms to legal@tlcdesk.com (subject line "Arbitration Opt-Out") or to the mailing address above, stating your name, the email on your account, and that you opt out of arbitration. Opting out does not affect any other part of these Terms and will not disadvantage your use of the Service.

20. Governing Law and Venue

These Terms and any dispute arising out of them are governed by the laws of the State of New York, without regard to conflict-of-laws rules. For any matter not subject to arbitration, the state and federal courts located in New York County, New York have exclusive jurisdiction, and you consent to personal jurisdiction there.

21. Copyright and Content Complaints

If you believe content on the Service infringes your copyright or other rights, send a notice with (a) identification of the work, (b) the location of the material, (c) your contact information, (d) a statement of good-faith belief, and (e) a statement, under penalty of perjury, that you are authorized to act, to: Copyright Agent, Xponzy Tech LLC, 418 Broadway STE R, Albany, NY 12207-2922, legal@tlcdesk.com. We respond to valid notices, including by removing material and, for repeat infringers, terminating accounts.

22. Changes to These Terms

We may update these Terms. For material changes we will give at least 30 days' notice through the app and, where practical, by email, before the changes take effect. Continued use of the Service after the notice period is acceptance of the updated Terms. If you do not accept them, stop using the Service and, if applicable, cancel your subscription before they take effect. The arbitration opt-out window in Section 19.7 re-opens for 30 days after any material change to Section 19.

23. General

  • (a) Severability. If any provision is held unenforceable, the rest of these Terms remain in effect, and the provision is enforced to the maximum extent permitted.
  • (b) Assignment. You may not assign these Terms. We may assign them in connection with a merger, acquisition, or sale of assets, with notice to you.
  • (c) Entire agreement. These Terms, the Privacy Policy, the Consents document, and any Rental Agreement you sign are the entire agreement between you and TLCDesk about the Service. The Rental Agreement governs between Owner and Driver.
  • (d) No waiver. Our failure to enforce a provision is not a waiver.
  • (e) Force majeure. Neither party is liable for delay caused by events beyond its reasonable control.
  • (f) Language. These Terms are executed in English; translations are provided for convenience and the English text controls.

24. Contact

Xponzy Tech LLC d/b/a TLCDesk — 418 Broadway STE R, Albany, NY 12207-2922 — Phone: 516-780-8094

Support: support@tlcdesk.com · Legal: legal@tlcdesk.com