License agreement on using the mobile application for the provision of transportation services
CLAUSE 1 - PARTIES, TERMS AND DEFINITIONS
1.1. For the purpose of this License Agreement (hereinafter referred to as the "Contract" or the “Agreement”), the following terms and nomenclature shall have the following meanings:
1.1.1. “Mobile Application / 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 the service.
1.1.2. "Driver/Partner" means a person who provides services to the Client independently, is the user licensed as a driver of a motor vehicle, duly legalized for individual passenger transportation, registered in Maxim to get intermediation, through its Application, requests for races and provide, through its own contract, transportation service.
1.1.3. “Maxim” is a legal entity granting the driver the right/license to use the Mobile Application on the basis of this Agreement.
1.1.4. "Maxim Service" means the intermediary service intended to receive, process and enter into the Mobile Application the Customer's requests for the services specified herein, and to inform the Customer about the fulfillment of the request. It is an intermediation of individual private paid transportation of passengers, as provided for in Article 4, "x" of Law 12587/2012, and does not provide any of the services listed on the Platform to the Customer independently.
1.1.5. “Client” means a person who places an order via the website or mobile application.
1.1.6. "Order" means a request placed in the Mobile Application containing information about the demand for the provision of services.
1.1.7. "Cost of the Services" means the amount of money paid to Partner by Client for the provision of the Services.
1.1.8. "Personal Account" is the account where advance payments from the partner driver are recorded and from which funds are debited as a payment for obtaining the right to use the Application.
1.1.9. “Personal Account Balance” means the difference at a certain time point between the amounts deposited in the Personal Account and debited from the Personal Account.
CLAUSE 2 - GENERAL PROVISIONS
2.1. This Agreement defines the procedure for granting the Maxim Service the right to use the application "Maxim" (hereinafter referred to as "Application" or "Mobile Application"), which contains up-to-date information on the existing demand for passenger and luggage transportation services as well as any other services, including the delivery of freights and goods. It is a mediation of paid private individual passenger transportation, not open to the public, to perform individualized or shared trips requested exclusively by users previously registered in the Application.
2.3. Before proceeding with the registration procedure, you must carefully read the text of this agreement and its appendices. In case of disagreement with any conditions, you must refuse to use the Mobile Application.
2.4. This Agreement shall be governed by the provisions of the laws in force in the Federative Republic of Brazil and shall remain in effect as long as the Partner uses the Mobile Application and may be periodically updated by Maxim to incorporate new features and regulations of the service provided and in compliance with the changes in legislation, especially Laws 13.640/2018 and 9.609/98.
2.5. The Procedure for using the mobile application posted in electronic format on the Maxim Service website and set forth in Chapter 2 shall be the integral part of this Agreement.
2.8. When using the Mobile Application to provide intermediary services, the Partner shall comply with the legislation and requirements of the municipality in which it operates, if any, and the national legal system, especially, but not limited to, the Code of Consumer Defence and Protection, Law 12.587/2012; Law 13.640/2018, Law 12.009/2009, Law 9.609/98, Law 12.965/14 and the General Data Protection Law (LGPD).
CLAUSE 3 – SUBJECT OF THE AGREEMENT
3.1. In compliance with the terms of this Agreement, the Maxim Service shall grant the Partner the right to use the Mobile Application in the manner established in the Agreement, and the Partner undertakes to pay remuneration to the Service in the manner and in the amount established in the Agreement (specified in the Procedure for using the Mobile Application). Therefore, the Maxim Service shall be the Licensor of the Mobile Application and the Partner shall be the Licensee to use the Mobile Application to perform transportation services.
3.2. The Mobile Application contains up-to-date information on the existing demand for passenger and luggage transportation services as well as any other services, including the delivery of freights and goods.
3.3. For the purpose of this Agreement the territory of the Federative Republic of Brazil shall be the territory in which the right to use the Mobile Application is granted.
3.4. In compliance with the current legislation of Brazil, the information contained in the Application is information that is not classified as confidential, secret or forbidden to be accessed.
3.5. The Mobile Application includes the following data:
3.5.1. Up-to-date information on the existing demand and orders for passenger and luggage transportation services;
3.5.2. Up-to-date information on the existing demand for other services, including transportation of freights and delivery of goods.
3.5.3. The elements that comprise the Mobile Application have the following characteristics:
a) Detailed information on the existing demand for passenger and luggage transportation services;
b) Vehicle arrival address;
c) Vehicle category;
d) Trip destination address or destination distance;
e) Applicable rate;
f) Estimated trip cost;
g) Contacts of a person, who placed the order.
CLAUSE 4 - GUARANTEES PROVIDED BY THE MAXIM SERVICE
4.1. The Maxim Service hereby guarantees that:
4.1.1. It has the necessary possibilities and legal support to fulfill its obligations hereunder;
4.1.2. Performance of this Agreement by the Parties shall not imply the violation of any third parties intellectual rights;
4.1.3. The Maxim Service is not bound by any contract, capable of preventing the Partner from using the Mobile Application in compliance with 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 set forth in this Agreement.
CLAUSE 5 - TERMS FOR USING THE MOBILE APPLICATION
Any actions of the Partner related to the use of the Mobile Application shall meet the purposes specified in this document.
5.1. The Partner may use the Mobile Application solely for the intermediary purposes when placing orders and providing transportation services in compliance with the terms of this Agreement.
5.2. The Partner shall NOT be entitled to:
5.2.1. Change, reproduce, copy, rework (including translation), distribute (including sale, lease, etc.), publish or modify the Mobile Application, in whole or in part;
5.2.2. Decompile, disassemble, decrypt, and attempt to extract the program code of the Mobile Application and its components for the unauthorized access to the Mobile Application and algorithms embedded in it for the purpose of using them in a manner not expressly specified in this Contract;
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 Maxim Service), and perform any other similar actions;
5.2.4. Transfer the rights and remedies provided to use the Mobile Application, including the login and password, to third parties by sublicense or otherwise, not described herein;
5.2.5. Perform other actions or use the Mobile Application in any other way not expressly provided for in this Contract.
CLAUSE 6 - RIGHTS AND OBLIAGATIONS OF THE PARTIES
6.1. The Maxim Service shall be entitled to:
6.1.2. Require the Partner to use the Application in the manner and by the means provided for by this Contract;
6.1.3. Conclude Contracts for assignment of the right to use the Application, similar to this Contract, with third parties, including in the same territory in which the right to use the Mobile Application is provided to the Partner;
6.1.4. Suspend the Partner’s right to use the Mobile Application, in case the Personal Account balance of the Partner becomes null or negative;
6.1.5. Suspend the Partner’s right to use the Mobile Application in case the Maxim Service obtains the evidence testifying to the unlawful use of the information obtained from the Mobile Application. Similarly, the Partner’s right to use the Mobile Application shall be suspended on the basis of effective court decisions establishing the fact of the Contract violation committed by the Partner. In case of documented proof, such documents shall be submitted in the original or in copies certified by the competent court. The Partner’s right to use the Mobile Application shall be suspended until the elimination of the revealed violations by the Partner.
6.1.7. Record phone conversations with the Partner for the purpose of internal quality and Partner's activities control;
6.1.8. Carry out scheduled maintenance and functional modification of the Mobile Application. In this case, for the time period while such works are performed, operation of the Mobile Application may be suspended;
6.1.9. Provide the Client with the Partner’s phone number in order to return the forgotten and/or lost things as soon as possible, in case the Client leaves his/her belongings in the Partner’s vehicle.
6.1.10. Retain any amounts contained in its Account, in case there are indications of fraud reported by financial institutions or public agencies, in the amount indicated by submission of documents and/or court orders, as well as pass on any amounts of fines eventually applied.
6.1.11. If third party payment methods are used and a refund is requested, the Service has the right to conduct its own investigation (including reviewing previous rides and actions taken within the Application). The Service may also block the account under internal investigation until a final decision is made.
6.1.12. In any case of reversal/chargeback requested by the cardholder (be it founded or not) the Service is entitled to withhold from the user's personal account such amount and/or all additional fines charged by the financial institution. The Service may also block the user's account with negative balance caused by the above mentioned means, being the access reestablished after the complete compensation of the Service's damages.
6.1.13. In case of repeated refunds and/or any monetary damages, the Service has the right to collect the corresponding amount from the user through legal means.
6.1.14. Take any other actions not contradicting the current legislation of the Republic of Brazil and this Agreement.
6.2. The Maxim Service undertakes to:
6.2.1. Grant to Partner the right to use the Mobile Application and to guarantee its proper operation, without the track of the indicated route being obligatory, in case of need of alteration due to traffic and/or unforeseeable situations of the daily life;
6.2.2. Provide continuous, uninterrupted operation of the Mobile Application during the entire validity period of this agreement, excluding the cases of scheduled works or suspension of user;
6.2.3. Register the Partner’s payments on his/her Personal Account;
6.2.4. Detect and prevent unauthorized access to the information provided by the Partner, its transfer to third parties not directly related to legal relationship of the Parties;
6.2.5. Not change or edit information about the Partner without his/her consent.
6.3. The Partner shall be entitled to:
6.3.1. Use the Application in the manner specified in this Agreement;
6.3.2. Require that the Maxim Service grants the right to use the Mobile Application in compliance with the terms of this Agreement, including technical and consulting services;
6.4. The Partner undertakes to:
6.4.1. Pay the Maxim Service the remuneration in the manner and within the period provided for in the procedure for using the Mobile Application.
6.4.2. Execute the accepted Order in compliance with its conditions;
6.4.3. Immediately notify the Maxim 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;
6.4.4. Ensure safety of the data required for access/login to the Mobile Application (username and password) and take all measures to prevent third parties from accessing the Mobile Application using the Partner’s username and password.
6.5. The driver is prohibited from completing an Order listed as cancelled in the Service, and is immediately notified of the prohibition.
6.6. Drivers are prohibited from: not giving change to the customer, overwhelmig the customer, offering to change the customer's payment method, provoking conflicts or being rude to customers, completing an order using a vehicle not registered with the service, completing an order in a dirty vehicle, being late for an order or spending too much time driving to the pickup address, arriving for an order while drunk or under the influence of drugs, ignoring verification of assigned photo, committing fraud with orders in an attempt to avoid paying commission to the service.
6.7. If the driver acts in a way prohibited by Maxim Service, he will be notified. If he or she is a repeat offender, there will be a discount from his or her personal account, the amount of which will depend on the rules of the municipal application, and will be increased with each new infraction.
CLAUSE 7 - LIABILITIES OF THE PARTIES
7.1. The Parties shall be liable for the violation of the terms and obligations set forth in this Сontract in compliance with the applicable legislation of Brazil.
CLAUSE 8 - DISPUTE RESOLUTION PROCEDURE
8.1 The Parties undertake to use their best efforts to resolve any disputes or disagreements arising out of or in connection with this Agreement by means of negotiations and extrajudicial resolution procedure.
8.2. The period for responding to the request and the period for submitting documents aimed at amicable resolution of disputes and disagreements shall not exceed seven (7) working days from the moment of receipt by the Party of the notice and occurrence of necessity to submit the said documents.
8.3. Should the Parties fail to come to an agreement on existing disputes and disagreements through negotiations/extrajudicial resolution procedure, such disputes and disagreements shall be resolved in a court of general jurisdiction, since the Parties have no employment relationship.
8.4 To resolve any issues that may arise in connection with this document, the Parties undertake, first of all, to attempt to resolve the issue by means of Extrajudicial Negotiations, Resolution or Mediations and, in the absence of the agreement, to choose the district court of Recife/Pernambuco to settle any disputes in connection with this partnership.
CLAUSE 9 - SPECIAL TERMS: ABSENCE OF EMPLOYMENT AND SUBORDINATE RELATIOSHIPS
9.1. In compliance with Article 4, "x" of Law 12.587/2012, the Service provides intermediary services in the field of remunerated private individual passenger transportations closed to the public, in order to carry out individual or shared trips booked exclusively by users who have registered in advance in the Mobile Application.
9.2. The Partner acknowledges that this Agreement and its registration with the Maxim Service shall NOT, directly or indirectly, establish any employment, corporate, association or cooperative relationship.
9.3. NO employment or subordinate relationship shall be established between the Partner and the Maxim Service and the Partner shall be entitled to carry out trips at any time at his/her own discretion as well as to stop using the Application (the Partner shall be entitled to solely choose the time at which he/she will connect to the platform).
9.4. The Maxim Service does not own or offer a fleet of vehicles of any type, providing solely licensing and intermediary services aimed at facilitating the hiring of transport or delivery services provided by the Partner registered in the Application.
9.5. The terms of this Agreement shall apply to all persons registered in the Mobile Application (Maxim), unless otherwise provided for in a separate agreement between the Parties. Should the Parties conclude a different separate agreement, the terms of such an agreement shall apply.
CLAUSE 10 - AMENDMENT AND UPDATE OF THE CONTRACT
10.1 Amendment/update of the terms of this Agreement may be carried out by the Maxim 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.
10.2. Any amendment/update of the terms of this Agreement from the date of their entry into force shall be binding for all persons using the Application, including those that started using the 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 Maxim Service about it.
CLAUSE 11 - FORCE MAJEURE
11.1. Should the Parties fail to fulfil their obligations to themselves or to third parties hereunder for unforeseen reasons, they shall be entitled to refer to the occurrence of force majeure in strict compliance with Article 393 of the Brazilian Civil Code (CC/02).
11.2. The Party which has suffered from force majeure shall immediately inform the other Party in writing of the cause of force majeure, its type, the potential duration thereof and the particular obligations, which performance is impossible due to force majeure.
11.3. Should the Party affected by force majeure fail to inform the other Party, it shall further lose its right to refer to the force majeure as to the circumstance that may release it of its responsibility.
11.4. The Maxim Service shall NOT be liable for the damages or lost profit incurred by the Partner as a result of the violation or circumvention of security measures by third parties who use public networks, the Internet or any other technological means to break into systems and illegally access data.
CHAPTER 2 PROCEDURE FOR USING THE MOBILE APPLICATION
CLAUSE 1 - SUPPLEMENTARY PROVISIONS
1.1. This Chapter describes the terms and procedure for providing the Partner with access to the Mobile Application (Maxim) and is an integral part of the License Agreement concluded between the Partner and the Maxim Service.
1.2. The activities of the Maxim Service in collecting, storing, recording, systematizing information for using the Mobile Application, as well as the legal relationship between the Partner and the Service in providing access to the Application, shall be carried out in compliance with the legislation of the Republic of Brazil.
1.4. Should the Partner disagree with the amendments to this Agreement, he/she shall notify the Maxim Service about it, cancel his/her registration and stop using the Mobile Application.
CLAUSE 2 - REGISTRATION PROCEDURE ON THE MAXIM SERVICE WEBSITE, DATA AND INFORMATION PROTECTION
2. In order to gain access to the Application, it is necessary to individually complete registration on the website of the Maxim Service with the use of the Internet or at the location of the Company Office.
2.1. Registration on the Maxim Service website shall be deemed to be completed with unconditional acceptance of the terms of this Agreement.
2.2. Registration shall be carried out through filling a special form on the Maxim Service website. During the registration process the Maxim Service may request to provide the documents supporting the authenticity of the specified data.
2.3. Registration shall be carried out at the discretion of the Maxim Service. Submission of the documents and data required for registration shall not entail the absolute obligation of the Maxim Service to exercise the registration procedure.
2.4. The registration procedure shall be completed by assigning the user identification number (login) and password required for authorized access to the Application. The user identification number (login) and password are sent by the Maxim Service to the mobile phone number specified during the registration process. The Partner is not allowed to transfer the received login and password to third parties, or use the login and password that do not belong to the Partner. Any actions performed by the person that has got access to the Mobile Application (has specified login and password) shall be deemed to have been performed by the respective Partner, unless the Partner proves otherwise.
2.6. The Maxim Service stores and uses some personal data about the users registered on the Maxim Service website, such as:
a) User identification data (Identification document, individual register number and login);
b) Mobile phone number specified during registration;
c) Make, model and color of a vehicle;
d) Vehicle identification number;
e) User's national driving license (CNH);
2.6. In compliance with the definitions provided for in the General Data Protection Law (Law 13.709/18), given that this Contract implies the exchange of personal data in relation to any operation ("processing") which uses personal data in the context of this Agreement, the Parties undertake to:
2.6.2. Process only the Personal Data required for the performance of the Agreement and only for the purpose of performing this Agreement, except for the cases where the Processing is required to comply with legal or regulatory obligations that apply to the Parties;
2.7. The Partner agrees that his/her Personal Data, even if it is individualised and identifiable, may be made available to the employees of the Maxim Service or through systems required for the operation of the Application, the correction of operational errors, the generation of various reports and the analysis of possible cases of fraud.
2.8. By registering in the Mobile Application, the Partner agrees to receive information messages regarding the Maxim Service as well as promotional information by any means, including telephone calls, push messages, emails, SMS, messages through applications (including messages received through WhatsApp, Telegram, Skype and others).
2.9. The User License and the Partner's Account are personal and non-transferable and the Partner shall be responsible for the authenticity and reliability thereof. In the event that such data causes damage or loss of any kind, Maxim Company may take appropriate measures to protect its interests and the integrity of the Passengers, Partners and other users of the Application as well as Maxim Company itself.
CLAUSE 3 - RIGHTS AND OBLIGATIONS OF THE PARTIES
3.1. The Maxim Service shall be entitled to:
3.1.1. Require the Partner to comply with the terms of this procedure;
3.1.2. Suspend or prohibit the Partner's right to use the Mobile Application in the manner and on the terms set forth in this Procedure and License Contract;
3.1.3. Modify the procedure;
3.1.4. Record phone conversations with the Partner for the purpose of internal safety and service quality provision control;
3.1.5. Perform scheduled maintenance and functional modification of the Mobile Application. For the time period while such works are performed, the Partner may be denied access to the Mobile Application;
3.1.6. Suspend the Partner’s access to the Mobile Application, in case the Personal Account Balance becomes null or negative until the Partner makes a deposit to his/her Personal Account;
3.1.7. Provide the Client with the Partner’s full name and phone number in order to return the lost things as soon as possible, in case the Client leaves his/her belongings or luggage in the Partner’s vehicle;
3.1.8. Take any other measures not contradicting the current legislation of the Republic of Brazil and the rules and terms of the procedure.
3.2. The Maxim Service undertakes to:
3.2.1. Provide the Partner with continuous access to the Mobile Application and ensure its proper operation, excluding the cases of scheduled works or modification of the Mobile Application operation, as well as in cases of possible malfunction;
3.2.2. Timely register the Partner’s payments on his/her Personal Account;
3.2.3. 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;
3.2.4. Not change or edit information about the Partner without his/her consent.
3.3. The Partner shall be entitled to:
3.3.1. Request the Maxim Service to provide access to the Mobile Application of proper quality in compliance with the terms of the procedure, including technical and consulting services.
3.4. The Partner undertakes to:
3.4.1. Accept and execute the Orders on the terms set forth herein;
3.4.2. Pay for the services provided to ensure access to the Mobile Application in the amount established by the procedure;
3.4.3. Should the Maxim Service make any payments in favor of Clients due to improper quality of the services provided by the Partner (his/her employees and/or contractors), the Partner shall compensate the Maxim Service for the losses incurred in this regard. This compensation shall be made by debiting funds from the Partner’s Personal Account.
3.4.4 Should the Partner commit actions for which the Service rules provide penalties, the funds shall be debited from the Partner’s Personal Account in favor of the Maxim Service within the limits of the provided sanction. The list of violations is posted in the Mobile Application.
3.4.5 In case of insufficient funds, the penalties accrued for the reporting period constitute Partner's debt, which shall be repaid as a priority when the Partner replenishes the Personal Account;
3.4.6 Immediately notify the Maxim 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.
CLAUSE 4 - REMUNERATION OF THE MAXIM SERVICE
4.1 In order to use the Mobile Application for the intermediation of the private paid individual passenger transportation services, provided for in the Article 4, "x" of Law 12587/2012, the Partner undertakes to pay the Service the remuneration in the amount and on the terms set forth in this procedure for using.
4.2. Termination of this Agreement or suspension of the Application use due to the Partner's fault shall not release him/her from paying any amounts that may be due to the Maxim Service, which shall not be prevented from recovering or receiving compensation.
CLAUSE 5 - PROCEDURE FOR ORDER COST SETTLEMENT
5.1. Order cost is calculated automatically based on the specific parameters of the order (vehicle type, trip or delivery distance, etc.) as well as the average cost of the relevant services, formed in the region of the Partner’s activities.
5.2. The Partner shall not be entitled to accept an order for execution, in case of noncompliance of the calculated order cost with the rates established by the Partner him/herself.
5.3. The acceptance of the order for execution by the Partner means full and unconditional consent of the Partner to the offered cost and compliance of the offered order cost with the Partner’s rates. The Maxim Service shall be entitled to apply penalties to the Partner, up to the termination of Partner's access to the Application, in case of unilateral modification of the order cost by the Partner after its acceptance for execution or failure to execute the accepted order.
5.4. Order cost can be increased by the Client by using the functionality of the Mobile Application or by dialing the Maxim Service operator.
5.5. When making non-cash settlements between the Client and the Partner, the Maxim Service shall be an agent acting in the name and on behalf of the Partner in terms of accepting funds from the Client to be credited to the Personal Account of the Partner. The Maxim Service shall assume the obligations of an agent or intermediary of the Partner only with regard to the acceptance of funds from the Client, and shall not assume any other rights and obligations.
CLAUSE 6 - MAXIM SERVICE COMMISSION AMOUNT AND SETTLEMENT PROCEDURE
6.1. The amount of the commission payable to the Maxim Service for granting access to the Application shall be determined as a percentage from the Partner Driver’s revenue (earnings).
6.2 The percentage of commission payable to the Maxim Service is determined separately for every order in the Application.
6.3. The percentage of commission may be reduced by the Maxim Service for the period of promotional offers. In this case the reduction of the rate shall be the discount provided by the Maxim Service. The percentage of discount as well as the terms to get such discount shall be determined by the terms of the respective promotional offer.
6.4 The amount of the commission payable to the Maxim Service may be changed unilaterally through modification of this Procedure and publication of the changes made on the Service website https://taximaxim.com/br/driver/. The Partner shall be informed about the amount of the commission as revised through the Authorized Mobile Application.
6.5. The commission payment shall be made on a prepayment basis by the Partner depositing funds into the Personal Account in the amount determined by the Partner independently.
6.6. Payment for the Services shall be carried out by debiting funds from the Partner’s Personal Account after the confirmation of the Order by the Partner and in the amount equal to the commission.
6.7. Personal Account can be replenished by making advance payments by means of bank cards, through self-service terminals, by transferring funds to the settlement account of the Maxim Service or depositing funds at the Maxim Service cash register.
6.8. The Maxim Service shall act as the agent of the Partner in respect of accepting payments from the Clients through Internet purchases and other e-payment methods. The Maxim Service is not a beneficiary and shall not get any profit from the payments made by the Client. Electronic payment for trips shall be debited from the bank card of the Client and credited to the Personal Account of the Partner opened in the Maxim Service. The Maxim Service does not charge the commission to the Partner for acceptance of electronic payments.
6.9. The Maxim Service shall be the customer for the promotion services of its product (Maxim Intermediary Service), and in this case the Partner shall be the contractor promoting the customer’s product. Under these relationships the Partner shall offer free transportation or transportation at a reduced cost at the expense of the Maxim Service. The funds for the trip shall be credited to the Partner's Personal Account opened with the Maxim Service.
6.10. The Maxim Service shall be an information services provider that grants license to the Partner for access to the Application. Funds for the license shall be withdrawn from the Personal Account of the Partner opened in the Maxim Service.
6.11. The positive balance of the Partner’s Personal Account shall mean the indebtedness of the Maxim Service creditor to the Partner.
6.12. The negative balance of the Partner’s Personal Account shall mean the indebtedness of the Partner to the Maxim Service for the services provided by it.
6.13. The Partner shall be entitled to demand payment of the debt from the Maxim Service by sending an electronic request; the details of the bank card are specified in the Authorized Mobile Application.
6.14. The Partner shall be fully liable for tax and insurance payments (tax payments, pension and other fees) incident to the activities performed using the Mobile Application, and the Maxim Service shall not bear any joint or subsidiary liability for such payments.
CLAUSE 7 - LIABILITIES OF THE PARTIES
7.1. Liabilities of the Maxim Service:
7.1.1. The Maxim Service shall be liable for the fulfillment of its obligations in accordance with the current legislation of the Republic of Brazil;
7.1.2. The Maxim Service shall not be liable for complete or partial interruptions of the Partner's access to the Application caused by the replacement of hardware, software or some other scheduled works caused by the need to maintain efficiency and performance of the Maxim Service hardware and software;
7.1.3. The Maxim Service shall not be liable for interruptions of the Partner’s access to the Application in case of failure of the hardware or software which do not belong to the Maxim Service;
7.1.4. The Maxim Service shall not be liable for the damages, lost profit incurred by the Partner as a result of using the Application;
7.1.5. The Maxim Service shall not be liable for any damage caused by the Partner to third parties as a result of the Partner's use of the Application.
7.2. Liabilities of the PARTNER:
7.2.1. The Partner shall be liable for the performance of his/her obligations in compliance with the legislation of the Republic of Brazil;
7.2.2. The Partner shall be solely liable to the person that has placed the order/request/application, for proper execution of the transportation, as well as for any damage caused by the Partner;
7.2.3. The Partner shall be liable for the damages caused to third parties both in respect of execution of the order and for the actions not related to the execution of the order. However, the Maxim Service may act as an intermediary between the Partner and the Client in order to resolve disputes as soon as possible.
7.2.5. Partner is not allowed to request or accept payments to be made by third parties not registered in the application, including transferring money to anyone or to credit an account using payment terminals, and is not allowed to transfer money at Customer's request, or withdraw and transfer money to any other persons.
CLAUSE 8 - SPECIAL TERMS AND LIMITATION OF LIABILITY
8.1 By accepting the terms set forth herein, the Partner confirms that he/she is aware that the information, access to which he/she has obtained hereunder, shall be used by him/her independently, in his/her own interests, at his/her own risk and at his/her own expense. The Partner states, guarantees and undertakes that:
8.1. The PARTNER shall comply with all local laws regarding the Maxim Service and shall be solely responsible for any violations of such laws and the Brazilian Traffic Code in particular (Law 9.503/97);
8.1.1. The PARTNER shall have a valid Driver's License (Carteira de Habilitação - "CNH") and proper registration of the gainful driving activity, as well as all the licenses, permits and documents required by the legislation of the Republic of Brazil on road traffic and by the public authorities, in order to provide transportation services to Clients, in particular those provided by Art. 11-B of Law 12.587/12, namely:
a) Have a National Driver's License Category B or higher that contains information that he/she is engaged in gainful activity;
b) Operate a vehicle that meets the maximum age requirements and characteristics required by state traffic authorities, municipal authorities and Federal District agencies;
c). Obtain and keep up-to-date the Vehicle Registration and Licensing Certificate (CRLV);
d) Submit a certificate of no criminal record.
8.1.2. The PARTNER has the legal right and authority to operate the car or motorcycle ("Vehicle") that PARTNER intends to use to transport Clients, and such Vehicle is in good working order and meets the safety standards required for the Vehicles of this type;
8.1.3. The PARTNER shall use appropriate traffic safety equipment in accordance with the requirements of the applicable legislation of the Republic of Brazil (for example, helmet and seat belts);
8.1.4. Partner will comply with the Mandatory Vehicle Insurance requirements (DPVAT) and meet any additional requirements imposed by public authorities, including but not limited to, providing specific information to municipal authorities when required, entering data into specialized registries and wrapping standards when required.
22.214.171.124 If required by local municipal authorities, the Partner shall have a valid private vehicle insurance policy and/or an insurance policy for an individual paid private passenger transportation services application (with industry standard amounts of insurance coverage) to operate the Vehicle in accordance with the requirements of the authorized bodies and any other regulations applicable to the Vehicle operation. The Partner shall guarantee that his/her insurance in respect of e-calls covers any and all expected and unforeseen losses in case of damage to the Vehicle, any claims, bodily injuries and death of Clients, as well as third-party insurance while working as a Partner. He/she must guarantee that his/her insurance is valid and a copy of the insurance policy must be submitted to the Maxim Service upon request;
8.1.5. The Partner shall be solely responsible for any claims, court proceedings and liabilities arising from any accident, loss or damage, including but not limited to, bodily injury, death, loss and property damage arising out of or allegedly resulting from passenger and luggage transportation services and any other services, including the delivery of freight and goods, provided by the Partner;
8.1.6. The Partner shall not contact the Clients for the purposes other than those related to the Maxim Service;
8.1.7. The Partner is aware that standard telecommunication fees may apply when answering Clients' calls, and the cost of such fees shall be borne solely by the Partner.
8.2. By accepting the terms of this document, the Partner also agrees to the following special terms and provisions related to freight and goods delivery services:
8.2.1. It is STRICTLY FORBIDDEN to transport: fragile items (including flowers, cakes) requiring special handling; perishable goods; dangerous, explosive, flammable and unsafe items (including power storages); valuables and documents; credit or debit cards; banned substances; live animals and plants; any unpackaged/unsecured items that can be easily damaged during transportation; counterfeit goods; animals (live or not); gold, currency of any denomination, excise stamps/stickers, bearer forms or negotiable instruments, precious stones/metals; real or simulated weapons, including firearms or parts thereof, explosives or ammunition; remains or body parts; pornographic materials.
8.2.2. The Partner undertakes to cooperate with any necessary criminal investigations and assist the Maxim Service to carry out any internal investigations, comply with the instructions of public authorities or requirements of the applicable laws or regulations. Partner has the right to refuse delivery if the goods fall into the categories listed above. The Partner shall BE ENTITLED to open and inspect the delivery item without prior notice to the Client based on any reasonable suspicion that the delivery item may contain or constitute inappropriate or prohibited items listed in the provisions above, and, the Partner shall have the right to refuse acceptance and delivery of such item. Partner shall also assume full responsibility for all lost profits or damages incurred by him/her, any Client, the Maxim Service or any third party as a result of any breach by the Partner of the terms hereof.
8.3. The Maxim Service shall not assume any obligations in respect of compensation for damages, including lost profit, caused by the Partner to third parties.
8.4. The Maxim Service shall not be liable to the Partner for any actions of third parties as a result of which the Partner has incurred any damages, including lost profit.
CLAUSE 9 - INTELLECTUAL PROPERTY
9.1. In accordance with the provisions of the Laws 9.279/96; 9.609/98 and 9.610/98, and without prejudice to other rules regarding intellectual property protection, the Partner acknowledges that the Maxim brand name as well as all the content available on the technology platforms or in the Mobile Application, including brands, logos, text, graphics, photos, videos, audio content, screens, computer programs, databases and transmission files are the exclusive property of the Maxim Service or any third party licensors as the case may be. The copying, reproduction, distribution, transfer, publication, incorporation, or any other modifications of the foregoing without the prior and explicit permission of the Maxim Service is prohibited and is subject to penalties prescribed by the law, and the offender will be subject to contractual and non-contractual civil liability.
9.2. The Partner acknowledges that downloading any content from the Mobile Application does not grant ownership of such content. Any marks/symbols displayed in the Application shall not be considered to be in the public domain and shall be the exclusive property of the Maxim Service or any third-party licensors.
9.3. The Partner shall be entitled to individually carry out actions aimed at disclosing of his/her phone number and other ways of attracting attention in its personal assets, including placing advertising on the Partner’s vehicles. 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 legislation of the Republic of Brazil, and shall respect and comply with the restrictions imposed by the municipal, public and federal authorities in relation to the advertising.
9.4. If the Partner labels/marks/paints his/her own car in order to promote the Maxim Service, the Maxim Service shall not be liable for the protection of the car paint coating after the removal of the branded stickers, and the Partner shall be solely liable for the technical and esthetic condition of the car. The Partners are not recommended to remove branded stickers by themselves and should request the assistance of a professional, which will be paid for by the Partner.