1. Terms and Definitions
1.1. For the purpose of this License Agreement (hereinafter referred to as the “Agreement”), the following terms shall have the following meanings.
1.1.1. “Authorized Mobile Application (Mobile Application)” means a computer program installed on mobile devices and designed to search for orders for the provision of certain services, accept these orders for execution and inform the client about the progress of a service.
1.1.2. “Partner” means a person that has accepted the terms and conditions of this Agreement and has obtained the right to use the Mobile Application on the basis of this Agreement.
1.1.3. “Maxim Service (Service)” means a legal entity granting the Partner the right to use the Mobile Application on the basis of this Agreement.
1.1.4. “Services” means services that are provided by the Partners of the Service and ordered through the Service.
1.1.5. “Client” means an individual or a legal entity ordering a service through the Service.
1.1.6. “Order” means information placed in the Mobile Application and containing data about the demand for the provision of the Services and having certain parameters, depending on the type of the Services.
1.1.7. “Cost of the Services” means the amount of money paid to the Partner by the Client for the provision of the Services.
1.1.8. “Personal Account” means an account where the Partner’s advance payments are recorded and from which funds are debited as a fee for obtaining the right to use the Mobile Application.
1.1.9. “Personal Account Balance” means the difference at a certain time point between the amounts deposited to the Personal Account and debited from the Personal Account.
2. General Provisions
2.1. This Agreement defines the procedure for granting by the Maxim service (hereinafter referred to as the “Service”) the right to use the computer program – the Mobile Application.
2.2. This Agreement is an adhesion contract and is concluded in a simplified manner by joining the terms and conditions of the agreement posted in electronic form on the website of the Service on the Internet at https://taximaxim.bg/. A person that has completed the registration procedure described in the Agreement is considered to have accepted the terms and conditions of the Agreement, which is equivalent to concluding a civil contract on the terms and conditions set forth in this document.
2.3. Before passing the registration procedure, carefully read the text of the Agreement. In case you disagree with any terms and conditions, you must refuse to use the Mobile Application.
2.4. This Agreement is a license contract and the provisions established by Articles -чл. 36, ал.3 «ЗАКОН ЗА АВТОРСКОТО ПРАВО И СРОДНИТЕ МУ ПРАВА» [“THE COPYRIGHT LAW AND RELATED RIGHTS”] shall be applied to it.
2.5. Acceptance of the terms and conditions of this Agreement means acceptance of the terms and conditions of the Service’s Confidential Data Processing Policy posted on the Internet at https://taximaxim.bg/.
2.6. By accepting the terms and conditions of this Agreement, the Partner shall acknowledge that the information to which the Partner has access under the execution of this Agreement is used by the Partner independently, in the Partner’s own interests and at the Partner’s own responsibility. In case the Partner uses the Mobile Application for entrepreneurial activities, the Partner shall register as a business entity under the applicable legislation of Bulgaria, as well as ensure compliance with the requirements of the applicable legislation of Bulgaria governing the provision of the respective type of the Services.
2.7. The activities of the Service related to collecting, storing and systematizing the information in the Mobile Application, as well as legal relationship between the Partner and the Service related to providing access to such information shall be performed in compliance with the current legislation of Bulgaria.
2.8. In compliance with the legislation of the Republic of Bulgaria, the information contained in the Mobile Application is not considered to be restricted or prohibited for distribution under the current legislation of the Republic of Bulgaria.
3. Subject of the Agreement
3.1. In compliance with the terms and conditions of this Agreement, the Service shall grant the Partner the right to use the Mobile Application under the terms and conditions of a simple (non-exclusive) license, in the manner established in the Agreement, and the Partner shall pay remuneration to the Service in the manner and in the amount established in the Agreement.
The Service is not a dispatching service and does not carry out distribution of Orders among the Partners. The Service does not assign the Partners to carry out specific Orders, the Partner independently decides on the acceptance for execution of this or that Order.
3.2. The territory of Bulgaria (the Republic of Bulgaria) shall be the territory in which the right to use the Mobile Application is granted.
4. Guarantees of the Service
4.1. The Service hereby guarantees that:
4.1.1. It possesses the sufficient scope of rights to fulfill its obligations under this Agreement;
4.1.2. Performance of this Agreement by the Parties shall not entail the violation of any third parties intellectual rights;
4.1.3. It is not bound by any contract that can prevent the Partner from using the Mobile Application on the terms and conditions set forth in this Agreement;
4.1.4. It has neither performed nor will perform any actions making it impossible for the Partner to use the Mobile Application on the terms and conditions set forth in this Agreement.
5. Methods and Procedure for Using the Mobile Application
5.1. The Partner may use the Mobile Application solely for the purpose of supporting the execution of Orders and the provision of the Services. Any actions of the Partner related to the use of the Mobile Application shall meet the aforementioned purposes.
5.2. The Partner is not entitled to:
5.2.1. Change, reproduce, copy, rework (including translation), distribute (including sale, rental, lease, etc.), publish or modify the Mobile Application, in whole or in part;
5.2.2. Decompile, disassemble, decrypt, and otherwise attempt to extract the object code of the Mobile Application and its components for the purpose of using them in a manner not expressly specified in this Agreement, which allows unauthorized access to the Mobile Application and algorithms embedded in it;
5.2.3. Perform actions aimed at destabilizing the operation of the Mobile Application, attempt unauthorized access to the management of the Mobile Application or its closed sections (including sections that may be accessed only by the Service), and perform any other similar actions;
5.2.4. Transfer the granted rights to use the Mobile Application, including the login and password, to third parties or by entering into a sub-license agreement or otherwise;
5.2.5. Perform other actions or use the Mobile Application in any other way not expressly provided for in this Agreement.
6. Procedure for Registration in the Mobile Application
6.1. In order to be able to use the Mobile Application, the Partner shall register via the Mobile Application or the website of the Service. Registration can be performed by the Partner independently via the Internet or at the Service office.
6.2. Registration in the Mobile Application is a full and unconditional adhesion to the terms and conditions of this Agreement.
6.3. Registration is carried out by providing necessary information entered in the relevant fields of the registration form. During the registration procedure, the Service may require you to provide documents confirming the reliability of the specified information.
6.4. Successful completion of the registration procedure is carried out at the discretion of the Service. The provision of the documents and information necessary for registration does not entail the unconditional obligation of the Service to complete the registration procedure.
6.5. The registration procedure is completed by assigning the user identification number (login) and password required for authorized access to the Mobile Application. The user identification number (login) and password are sent by the Service to the mobile phone number specified during the registration procedure. The Partner is not allowed to transfer the received login and password to any other third parties, or use the login and password that do not belong to the Partner. Any actions performed by the person that has authorized in the Mobile Application (has specified the login and password) shall be deemed to have been performed by the respective Partner, unless the Partner proves otherwise.
6.6. Personal data and documents required by the Service during the registration procedure are necessary only for the purpose of verifying the accuracy of the information provided and are not stored by the Service after the registration procedure is completed.
6.7. Depending on the type of the Services provided by the Partner, the Service retains and uses certain data about persons registered in the Mobile Application, which does not allow identifying such persons and is not their personal data. In particular, the Service retains the following data:
6.7.1. Username. The name of an individual is specified as the username in compliance with the data specified in the identity document (without the last name and patronymic). In case a name from any national language is hard to pronounce or spell in Russian transliteration, the Russian analogue used by the person in the territory of Bulgaria may be specified as a name;
6.7.2. Make, color and numeric part of the license plate number of a vehicle (in case the nature of the Services provided by the Partner implies the use of a vehicle);
6.7.3. Mobile phone number specified during registration.
6.8. The Service may repeatedly request from the Partner the provision of identity documents and the image (photo) of the Partner in case there are reasons to believe that the login and password were transferred by the Partner to another person. Frequency and grounds for verification of the actual belonging of the login and password to the Partner are determined by the Service at its own discretion without consent of the Partner. After verification, the data provided by the Partner is not saved by the Service and is deleted without the possibility of subsequent recovery.
6.9. By registering in the Mobile Application, the Partner expresses consent to the processing of the Partner’s personal data in cases where such consent is required in compliance with the current legislation of Bulgaria, as well as consent to receive information messages, including promotional information by any means, including consent to receive such messages and information via telephone communication channels, via instant messengers (Viber, WhatsApp, Telegram and similar messengers) for the purpose and in cases, where the need for such consent is provided for by the legislation of Bulgaria on advertising.
6.10. By registering in the Mobile Application, the Partner gives the Service permission to publish and further use of the Partner’s image (photograph) to provide the Client with the information about the driver of the vehicle assigned for the order execution.
7. Rights and Obligations of the Parties
7.1. The Service is entitled to:
7.1.1. Require the Partner to use the Mobile Application in the manner and by the means provided for in this Agreement;
7.1.2. Conclude agreements on the transfer of the right to use the Mobile Application, similar to this Agreement, with third parties, including in the same territory in which the right to use the Mobile Application is granted to the Partner;
7.1.3. Suspend the Partner’s right to use the Mobile Application, in case the Personal Account Balance becomes null or negative;
7.1.4. Suspend the Partner’s right to use the Mobile Application in case the Service obtains the documents testifying to the unlawful use of the information obtained via the Mobile Application. The Partner’s right to use the Mobile application shall be suspended on the basis of effective court decisions and decrees establishing the fact of the violation committed by the Partner. The specified documents shall be submitted in original or in copies certified by the relevant court. The Partner’s right to use the Mobile Application shall be suspended until the Partner eliminates the revealed violations.
7.1.5. Suspend or prohibit the Partner’s right to use the Mobile Application in case of multiple and/or gross violations by the Partner of the Work Rules of the Service posted in the Mobile Application and of the terms and conditions of this Agreement;
7.1.6. Record phone conversations with the Partner for the purpose of internal quality control;
7.1.7. Carry out scheduled maintenance and functional modification of the Mobile Application. During the time period while such works are performed, operation of the Mobile Application may be suspended;
7.1.8. Provide the Client with the Partner’s phone number in order to return the lost things as soon as possible, in case the Client leaves his/her belongings in the Partner’s vehicle.
7.1.9. Take any other actions not contradicting the current legislation of Bulgaria and this Agreement.
7.2. The Service is obliged to:
7.2.1. Grant the Partner the right to use the Mobile Application, ensure proper operation of the Mobile Application;
7.2.2. Provide continuous, uninterrupted operation of the Mobile Application during the entire validity period of this Agreement, excluding the cases of scheduled works;
7.2.3. Timely record the Partner’s payments in Partner’s Personal Account;
7.2.4. Timely detect and prevent any attempts of unauthorized access to the information provided by the Partner, its transfer to third parties not directly related to legal relationship of the Parties;
7.2.5. Not change or edit information about the Partner without the Partner’s consent.
7.3. The Partner is entitled to:
7.3.1. Use the Mobile Application in the manner and by the means provided for in this Agreement;
7.3.2. Require the Service to grant the right to use the Mobile Application in compliance with the terms and conditions of this Agreement, including technical and consulting services.
7.4. The Partner is obliged to:
7.4.1. Pay the Service remuneration in the manner and within the period set forth in this Agreement;
7.4.2. Execute the accepted Order in compliance with its terms and conditions;
7.4.3. Immediately notify the Service, in case of changing the registration details provided to the Service earlier, as well as upon the occurrence of circumstances making it impossible to execute Orders.
7.4.4. Ensure safety of the data required for authorization in the Mobile Application (the login and password) and take all measures to prevent third parties from authorizing in the Mobile Application, using the Partner’s login and password;
7.4.5. When executing Orders, follow and comply with the requirements of the Work Rules of the Service and other mandatory instructions posted in the relevant sections of the Mobile Application;
7.4.6. The Partner is prohibited to accept and transport cash funds, including for the purpose of transferring them to anyone or for the purpose of crediting them to an account, using self-service terminals, as well as to transfer non-cash funds at the request of the Client, withdraw them and subsequently transfer them to anyone.
7.5. The Partner is entitled not to provide the Service with reports on the Mobile Application use.
8. Procedure for Calculating the Cost of the Services
8.1. The cost of the Services is calculated automatically based on the parameters of the specific Order (type of vehicle, transportation distance, type, weight and volume of the freight transported, time of loading and unloading operations, the area of the premises for the purpose of calculating cleaning services, etc.) as well as the average cost of the relevant Services, formed in the region of the Partner’s activity.
8.2. In case of non-compliance of the calculated cost of the Services with the rates set by the Partner, the Partner is entitled not to accept such an Order for execution.
8.3. The acceptance of the Order for execution by the Partner means that the Partner fully and unconditionally agrees to the offered cost of the Services. The Service is entitled to apply penalties to the Partner, up to the termination of the right to use the Mobile Application, in case the Partner unilaterally changes the cost of the Services after accepting the Order for execution or fails to execute the accepted Order.
8.4. The cost of the Services can be increased by the Client.
8.5. The cost of the Order is set by the Partner in Bulgarian lev. In case of non-cash payment for the Partner’s Services, conversion into euro is carried out at the rate established in compliance with the Bulgarian legislation.
9. Remuneration of the Service
9.1. For granting the right to use the Mobile Application the Partner shall pay the Service the remuneration in the amount and in the manner established in the Agreement.
9.2. The amount of the remuneration payable to the Service for granting access to the use of the Mobile Application shall be determined as percentage deductions from the Partner’s proceeds (revenue).
9.3. The amount of the remuneration shall be specified in the information about the Order accepted by the Partner for execution in the Mobile Application.
9.4. The amount of the remuneration shall be established by the Service unilaterally. The Partner shall be familiarized with the amount of the remuneration before the start of the Order execution and, in case of disagreement with it, shall refuse to execute such an Order. The acceptance of the Order for execution by the Partner means the acceptance of the specified amount of the remuneration.
9.5. The Partner shall pay the remuneration in advance by depositing funds to the Personal Account in the amount determined by the Partner independently.
9.6. The remuneration payment is carried out by debiting funds from the Partner’s Personal Account in the amount equal to the remuneration, once the Order is accepted for execution.
9.7. The Partner can replenish the Personal Account by making advance payments by means of bank cards, through self-service terminals, by transferring funds to the settlement account or depositing funds at the cash office of the Service.
10. Liability of the Parties
10.1. Liability of the Service:
10.1.1. The Service shall be liable for the fulfillment of its obligations in compliance with the current legislation of Bulgaria;
10.1.2. The Service shall not be liable for complete or partial interruptions of the Mobile Application operation related to the replacement of hardware, software or some other scheduled works caused by the need to maintain efficiency and performance of the Service hardware and software;
10.1.3. The Service shall not be liable for interruptions of the Mobile Application operation in case of failure of the software or hardware not belonging to the Service;
10.1.4. The Service shall not assume any obligations in respect of compensation for damages, including lost profit, caused by the Partner to third parties, including the Clients;
10.1.5. The Service shall not be liable to the Partner for any actions of third parties, including the Clients, as a result of which the Partner has incurred any damages, including lost profit.
10.2. Liability of the Partner:
10.2.1. The Partner shall be liable for the fulfillment of the Partner’s obligations in compliance with the legislation of Bulgaria;
10.2.2. The Partner shall be solely liable to the Client for proper execution of the Services, as well as for any damage caused by the Partner, including loss or damage of the Client’s property.
10.2.3. The Partner shall be liable for the damages inflicted on third parties both in respect of execution of the Order and for the actions not related to the execution of the Order. However, the Service may act as a mediator between the Partner and the Client in order to settle down these disputes as soon as possible.
10.4. The amount of remuneration shall be established by the Service unilaterally. The Partner shall be familiarized with the amount of remuneration before the start of the Order execution and, in case of disagreement with the established amount, the Partner shall refuse to execute such an Order. The acceptance of the Order for execution by the Partner means the acceptance of the specified amount of remuneration.
10.2.5. Should the Partner perform any actions, which cause penalties stipulated by the Service, the funds shall be debited from the Partner’s Personal Account in favour of the Service to the extent of the stipulated penalty. The list of such violations shall be available in the Mobile Application. In case of insufficient funds, the penalties accrued for the reporting period are the accounts receivable of the Partner, which shall be paid as a priority when the Partner replenishes the Personal Account;
11. Force Majeure
11.1. Force majeure shall be the ground for releasing the Parties from their obligations.
11.2. The Party affected by force majeure shall immediately notify the other Party in writing of the occurrence, type, potential duration of force majeure and of the specific obligations, the performance of which it impedes.
11.3. Should the Party affected by force majeure fail to inform the other Party about it, it shall further lose its right to refer to force majeure as to the circumstance that may exempt it from its liability.
12. Dispute Resolution Procedure
12.1. The Parties shall take their best efforts to resolve any disputes or disagreements arising out of or in connection with this Agreement by means of negotiations.
12.2. The period for response to claims and for submitting documents aimed at peaceful resolution of disputes and disagreements shall not exceed seven (7) working days from the moment the Party receives such claims and the necessity arises for submitting these documents.
12.3. Should the Parties fail to come to an agreement on existing disputes and disagreements by means of negotiations, the disputes and disagreements shall be resolved in court at the location of the Service.
13. Amendments to the Agreement
13.1. Amendments to this Agreement shall be made by the Service unilaterally by posting the relevant amendments on its website. Specified amendments shall take effect within seven (7) calendar days after their publication on the website.
13.2. Any amendments to the Procedure from the date of their entry into force shall be binding on all persons using the Mobile Application, including those that started using the Mobile Application before the effective date of the amendments. In case of disagreement with the amendments made, the Partner shall stop using the Mobile Application and inform the Service.
14. Intellectual Property
14.1. The Partner is entitled to independently carry out actions aimed at promotion (advertising) of the phone number, other ways of carrying out orders, for which the Partner shall receive a limited right to use the commercial designation of the Maxim service and the Maxim® trademark. In this case, the Partner shall be solely liable for compliance of the advertising (including its content and placement) with the requirements and regulations of the current legislation.
14.2. In case the Service places its advertising materials on the Partner’s vehicle (vehicle branding), the Partner shall be prohibited from simultaneous placement of other elements, inscriptions, trademarks and symbols with such advertising, except as provided for in the Road Traffic Rules.
15. Special Terms and Conditions
15.1. The Agreement shall not imply transfer to the Partner of exclusive rights to the Mobile Application, therefore granting the Partner the rights provided for in this Agreement shall not be subject to state registration.
15.2. The Agreement is a subscription contract and does not require the Parties to issue and sign bilateral work completion certificates.
15.3. The Partner hereby gives consent to the Service to carry out, at the Partner’s discretion, marketing promotions and other similar events expressed in the provision of discounts for the Services to Clients. In this case, expenses of the Partner for the provision of such discounts shall be compensated by the Service in full by proportionate reduction of the remuneration of the Service.
15.4. The terms and conditions of the Agreement shall apply to all persons registered with the Mobile Application, unless otherwise provided in a separate agreement of the Parties. Should the Parties conclude a separate contract, the terms and conditions of such a contract shall apply.