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“MAXIM” MOBILE APPLICATION LICENSE AND USE AGREEMENT
SECTION 1. GENERAL PROVISIONS
1.1. This agreement establishes the procedure by which the Transportation and Delivery Service “Maxim” (hereinafter, the “Service” or “Licensor”) grants the Partner (hereinafter, the “Licensee” or “Partner”) the right to use the Authorized Mobile Application “Maxim - trips & shipments” (hereinafter, the “Application”), which contains up-to-date information on the existing demand for passenger and luggage transportation services, as well as other services, including the delivery of cargo and goods. This is an intermediation in the private, individual, paid transportation of passengers, not open to the public, for individual or shared trips requested exclusively by users previously registered on the Application.
1.2. The Service is a technological intermediary that grants the Partner the right to use the Application, without this implying an employment, subordination, representation, agency, or partnership relationship between the parties. The Partner declares and acknowledges that they act as an independent service provider, being solely responsible for their tax, labor, social security, and legal obligations to clients and authorities.
1.3. This contract is an adhesion contract and is entered into through a simplified procedure by adhering to the terms published electronically on the Service's website at: https://legal.taximaxim.com/?country=DO , unless otherwise agreed by the parties. Any person who has completed the registration procedure described in this contract shall be deemed to have accepted the contract, which is equivalent to entering into it under the conditions set forth herein.
1.4. Before proceeding with registration, please read this contract and its annexes carefully. If you do not agree with any condition, you must refrain from using the Mobile Application.
1.5. This contract is a license agreement and is governed by the laws in force in the Dominican Republic.
1.6. The procedure for using the Mobile Application, published in electronic format on the Service's website and described in this document, forms an integral part of this contract.
1.7. This contract includes as an integral part Annex I – Requirements for Drivers and Vehicles , which establishes mandatory conditions that the Partner must meet to maintain access to the Application.
SECTION 2. SUBJECT OF THE CONTRACT
2.1. In accordance with the terms of this contract, the Service grants the Partner the right to use the Mobile Application containing updated information on the existing demand for passenger and baggage transport services, as well as other services, including the delivery of cargo and goods, under a simple (non-exclusive) license, in the manner established by this contract.
Therefore, the Service will be the Licensor of the Mobile Application and the Partner will be the Licensee for its use in the performance of transportation services. The Partner agrees to pay the Service the remuneration in the manner and amount established in this contract or its annexes.
2.2. The territory of the Dominican Republic will be the territorial scope in which the right to use the Mobile Application is granted.
2.3. The acquisition, storage, systematization of information and creation of the Mobile Application by the Service, as well as the legal relationships between the Partner and the Service with respect to access to the Mobile Application, will be governed by the current legislation of the Dominican Republic.
2.4. In accordance with the current laws of the Dominican Republic, the information contained in the Mobile Application is publicly accessible, freely distributable, and is not classified as restricted or prohibited.
2.5. The Partner may use the information to which it has access at its sole discretion, provided that it complies with the obligations established in this contract and in Annex I – Requirements for Drivers and Vehicles .
2.6. The Mobile Application includes the following information:
• Updated information on the existing demand for passenger and baggage transport services.
• Updated information on the demand for other services, including the delivery of cargo and goods.
2.7. The materials that make up the Mobile Application have the following characteristics:
2.7.1. Data on the demand for transport services:
• Pickup address;
• Vehicle category;
• Destination address or travel distance;
• Applicable rate;
• Estimated cost of the trip;
• Applicant's contact information.
2.7.2. Data on the demand for delivery services:
• Pickup address;
• Type of cargo or merchandise;
• Delivery address or distance;
• Applicable rate;
• Estimated delivery cost;
• Applicant's contact information.
2.8. The territory in which the right to use the Mobile Application is granted is the Dominican Republic.
SECTION 3. SERVICE WEBSITE REGISTRATION PROCEDURE
3.1. To access the Mobile Application, it is necessary to complete the registration procedure on the Service's website, either independently via the Internet or at a Service office.
3.2. Registration on the Service website implies full and unconditional adherence to the terms of this contract.
3.3. Registration is completed by filling out a special form on the Service's website. During the process, the Service may request documents to verify the information provided. The Partner must meet the minimum requirements established in Annex I – Requirements for Drivers and Vehicles.
3.4. Registration will be carried out at the sole discretion of the Service. The submission of documents and information does not create any automatic obligation on the part of the Service to complete the registration.
3.5. The registration process is completed with the assignment of a user ID ( login ) and password required for authorized access to the Mobile Application. The login and password will be sent to the mobile phone number provided during registration.
3.6. Some personal data and documents required during registration are collected and processed in accordance with Law No. 172-13 on the Protection of Personal Data and other applicable legal regulations of the Dominican Republic, as well as the Service's Privacy Policy.
3.7. The Service stores and uses certain non-personal data about registered users, such as:
• User identification ( login );
• Mobile phone number provided;
• Make, model and color of the vehicle.
3.8. By registering on the Service's website, the Partner expresses their consent to receive informational and promotional messages by any means, including telephone calls and instant messaging (such as Viber , WhatsApp, Telegram , among others), as permitted by current advertising legislation in the Dominican Republic.
SECTION 4. REMUNERATION FOR SERVICE
4.1. For the right to use the Mobile Application, the Partner agrees to pay the Service a fee in the amount and form established in this contract.
4.2. Remuneration is determined as a percentage deducted from the Partner's income (profits).
4.3. The amount of remuneration is specified in the information of the Order accepted by the Partner within the Mobile Application.
4.4. The amount of remuneration is determined unilaterally by the Service. In case of disagreement, the Partner must refrain from accepting the Order. Acceptance of the Order implies acceptance of said amount.
4.5. Remuneration payment is made in advance: the Partner must deposit funds into their Personal Account for the amount they deem necessary.
4.6. Payment is made by debiting the corresponding amount from the Partner's Personal Account once the Order has been accepted.
4.7. The Personal Account can be recharged by bank card, self-service terminals, bank transfer or cash deposits at the Service offices.
SECTION 5. SERVICE GUARANTEES
5.1. The Service guarantees that:
5.1.1. Possesses all the necessary rights to fulfill its obligations under this contract;
5.1.2. The execution of this contract does not infringe the intellectual property rights of third parties;
5.1.3. It is not subject to contracts that prevent the Partner from using the Mobile Application as stipulated in this contract;
5.1.4. It has not taken and will not take any actions that may prevent the Partner from using the Mobile Application as stipulated herein.
SECTION 6. MODALITIES AND PROCEDURE FOR USING THE MOBILE APPLICATION
6.1. The Partner may use the Mobile Application in the following ways:
6.1.1. Access the information contained in the Application and use it in the development of your activity, including making it available to third parties (employees, contractors, etc.);
6.1.2. To reproduce it in whole or in part, in any form and by any means;
6.1.3. Modify it, including its translation into other languages.
SECTION 7. RIGHTS AND OBLIGATIONS OF THE PARTIES
7.1. The Service has the right to:
7.1.1. Require the Partner to use the Application in accordance with the provisions of this contract;
7.1.2. To enter into similar contracts with third parties for the transfer of the use of the Mobile Application, even within the same territory;
7.1.3. Suspend the Partner's access to the Mobile Application in case of non-compliance with the conditions and payment deadlines, until payment is made;
7.1.4. Suspend the Partner's access if the Service receives documents proving the illegal use of the information contained in the Application. This suspension will be based on court rulings confirming the Partner's non-compliance. Access will remain suspended until the Partner remedies the detected violations.
7.2. The Service undertakes to:
7.2.1. Ensure the continuous and uninterrupted operation of the Application throughout the term of the contract, except for technical maintenance or force majeure;
7.2.2. Establish your pricing model for each accessible functionality of the Application.
7.3. The Member has the right to:
7.3.1. Use the Application in the manner and conditions set out in this contract;
7.3.2. Demand the Service to immediately eliminate any circumstance that prevents the proper use of the Application.
7.4. The Partner undertakes to:
7.4.1. Pay the Service the remuneration in accordance with the procedure for using the Application;
7.4.2. Comply with the requirements applicable to drivers and vehicles in accordance with the legislation of the Dominican Republic and Annex I – Requirements for Drivers and Vehicles.
7.5. In accordance with current legislation in the Dominican Republic, the Partner will not be required to submit reports to the Service regarding the use of the Mobile Application.
SECTION 8. LIABILITY OF THE PARTIES
8.1. The parties shall be liable for any breach of the terms of the contract in accordance with the laws of the Dominican Republic.
8.2. The Service does not provide online mapping services and uses maps available from public sources. It is not responsible for the designation or description of geographic features, nor does it guarantee their legality, accuracy, or reliability. The Service does not express geopolitical positions, does not participate in the definition of state borders, and its use of third-party maps does not represent endorsement of the political views of those third parties. The Service is not responsible for the actions of government authorities or private entities in any country.
8.3. The Partner shall indemnify the Service for any claim, penalty or payment made to clients or authorities arising from its actions.
SECTION 9. PROCEDURE FOR CONFLICT RESOLUTION
9.1. The parties undertake to make every effort to resolve any dispute or disagreement arising from this contract through negotiations.
9.2. The deadline for responding to a claim and submitting the necessary documents for its amicable resolution must not exceed seven (7) business days from the receipt of the claim and the corresponding request.
9.3. In the event that the parties do not reach an agreement through negotiations, the disputes will be resolved before the courts of the place where the Service representative is located in the Dominican Republic.
SECTION 10. SPECIAL CONDITIONS
10.1. In accordance with the laws of the Dominican Republic, this contract does not imply the transfer of exclusive rights to the Mobile Application to the Partner. Therefore, the granting of the rights stipulated in the contract does not require registration with any state authority.
10.2. In accordance with Dominican legislation, this contract is considered a subscription contract and does not require the issuance or signing of bilateral acceptance documents.
10.3. The procedure for using the Mobile Application and Annex I – Requirements for Drivers and Vehicles form an integral part of the contract.
10.4. The terms of this contract shall apply to all persons registered on the Service website, unless otherwise stipulated in a separate agreement between the parties. In the event of a separate agreement, the terms of that agreement shall prevail.
PROCEDURE FOR USING THE MOBILE APPLICATION
SECTION 1. TERMS AND DEFINITIONS
1.1. “Authorized Mobile Application” means a computer program installed on mobile devices and designed to search for requests for the provision of certain services, accept such requests and notify the customer about the status of the service.
1.2. The Partner may use the Mobile Application solely for the purpose of processing Orders, providing Services, and accessing the mapping interface. Any action by the Partner related to the Application must comply with this purpose.
1.3. “Partner” means the person who accepts the terms of the contract and receives the right to use the Mobile Application under this contract.
1.4. “Service” means the legal entity that grants the Partner the right to use the Mobile Application under the terms of this agreement.
1.5. “Order” means the information that reflects the need to perform a certain type of work (provision of services), included in the Mobile Application, and that contains certain parameters as established in this document.
1.6. “Order Cost” means the amount that the customer pays to the Partner.
1.7. “Personal Account” means the account where the Partner’s advance payments are recorded and from which the corresponding amounts are debited as a commission for access to the Application.
1.8. “Personal Account Balance” means the difference, at any given time, between the funds credited to the account and the funds debited.
1.9. “Customer” means the person who requests a service through the Service.
SECTION 2. GENERAL PROVISIONS
2.1. This document describes the conditions and procedure for accessing the Mobile Application and forms an integral part of the license agreement entered into between the Partner and the Service.
2.2. The collection, storage, registration and systematization of information, as well as the legal relationships between the Partner and the Service in relation to access to the Mobile Application, will be governed by the legislation of the Dominican Republic.
2.3. In accordance with Dominican law, the information contained in the Mobile Application is public, freely accessible and is not classified as restricted or prohibited.
SECTION 3. MODIFICATIONS TO THE PROCEDURE
3.1. The Service may unilaterally modify this Procedure by publishing the changes on its website https://__________.
These modifications will come into effect seven (7) calendar days after their publication.
3.2. The modifications will be binding on all users, including those who began using the Application before they came into effect. In case of disagreement with the changes, the Partner must stop using the Application and notify the Service.
SECTION 4. RIGHTS AND OBLIGATIONS OF THE PARTIES
Service Rights:
4.1.1. Require the Partner to comply with this Procedure and with Annex I – Requirements for Drivers and Vehicles.
4.1.2. Suspend or prohibit the Partner's access to the Mobile Application as provided in this Procedure and in the license agreement.
4.1.3. Modify the Procedure unilaterally.
4.1.4. Record telephone conversations with the Partner for internal quality control.
4.1.5. Perform scheduled maintenance and functional updates of the Mobile Application. During such maintenance, access may be restricted.
4.1.6. Suspend the Member's access if the Personal Account balance is zero or negative, until the payment is regularized.
4.1.7. In case the Customer leaves items forgotten in the vehicle, provide the Customer with the Partner's full name and telephone number to facilitate the return.
4.1.8. Perform any other action that does not contradict the legislation of the Dominican Republic and the conditions of this Procedure.
Service Obligations:
4.2.1. Provide the Partner with access to the Mobile Application and ensure its proper functioning, except for maintenance or technical failures.
4.2.2. Record the Partner's payments in a timely manner in their Personal Account.
4.2.3. Detect and prevent unauthorized access to information provided by the Partner, and prevent its transfer to legally unrelated third parties.
4.2.4. Do not modify the Partner's information without their consent.
Member Rights:
4.3.1. Request that the Service provide functional access to the Mobile Application, including technical and consultation support.
Partner Obligations:
4.4.1. Execute accepted Orders in accordance with their conditions.
4.4.2. Pay for services related to the use of the Mobile Application as established in the contract.
4.4.3. Strictly comply with the requirements set out in Annex I – Requirements for Drivers and Vehicles.
4.4.4. If the Service is required to compensate the Client for services improperly provided by the Partner or its representatives, the Partner shall reimburse the Service for these amounts. This reimbursement will be debited from the Client's Personal Account.
4.4.5. To accept that all messages and advertisements published on the Application ( Taxsee Driver) are legally valid and form part of the terms of the contract. If the Partner does not agree with these messages, they must request to be removed from the Application; otherwise, they will be considered accepted.
4.4.6. Notify the Service immediately of any changes to your registration details, as well as any situation that prevents you from processing Orders.
SECTION 5. PROCEDURE FOR ESTIMATING THE COST OF THE ORDER
5.1. The cost of the Order is calculated automatically based on your parameters (vehicle type, distance, estimated time, traffic conditions, etc.) and the local market average.
5.2. The Partner may reject an Order if the cost does not fit within its rates.
5.3. Acceptance of an Order implies the Partner's full and unconditional consent to the offered price. In the event of a unilateral change to the price after acceptance or breach of the Order, the Service may apply penalties, including suspension of access to the Application.
5.4. The Customer can increase the cost of the Order through the Application or by calling the operator.
5.5. For non-face-to-face payments, the Service acts as the Partner's agent to receive the funds and credit them to the Partner's Personal Account. The Service assumes no other obligation related to the Order.
SECTION 6. COMMISSION AMOUNT AND PAYMENT PROCEDURE
6.1. The commission amount is indicated for each Order in the Mobile Application.
6.2. The Service may offer promotional discounts by temporarily reducing the commission, in accordance with the terms of the current promotion.
6.3. The Service may unilaterally modify the commission amount by publishing the changes on the website https://__________. The Partner will be notified via the Mobile Application.
6.4. Payment is in advance: the Member recharges his Personal Account for an amount determined by himself.
6.5. Upon confirming the Order, an amount equal to the corresponding commission is debited from the Personal Account.
6.6. The Account can be recharged by bank card, terminals, transfers or deposits at Service offices.
6.7. The Service acts as the Partner's agent to receive electronic payments from Clients. The amount is credited to the Partner's Personal Account. No additional commission is charged.
6. 8. In promotional campaigns for the Service, the Partner may provide free or discounted services on behalf of the Service. Funds for these trips will be credited to the Partner's Account.
6.9. The Service is considered an information service provider, granting licenses to use the Application. The license fee is deducted from the Partner's Account.
6.10. The positive balance of the Account is considered a debt of the Service to the Partner.
6.11. A negative balance is considered a debt of the Member to the Service.
6.12. The Member can request payment of the available balance, indicating the bank details through the Authorized Application.
6.13. The Partner is an independent economic entity and is responsible for its tax and social security obligations.
SECTION 7. LIABILITY
Service Responsibility:
7.1.1. The Service is responsible for compliance with its obligations under the legislation of the Dominican Republic.
7.1.2. It is not responsible for interruptions caused by maintenance or technical changes.
7.1.3. It is not responsible for equipment or software failures outside the Service.
7.1.4. It is not liable for damages, losses or lost profits of the Partner.
7.1.5. It is not responsible for damages caused by the Partner to third parties.
Partner Responsibility:
7.2.1. The Partner is liable in accordance with the legislation of the Dominican Republic.
7.2.2. He is solely responsible to the Customer for the correct execution of the Order and the damages caused.
7.2.3. It is responsible to third parties for both Orders executed and for acts not related to them.
The Service can act as a mediator to resolve these situations.
SECTION 8. SPECIAL CONDITIONS AND LIMITATION OF LIABILITY
8.1. The Partner accepts that they use the information at their own risk. They declare and warrant that:
• He has a valid driver's license, insurance policy, and other documents required to legally operate the vehicle.
• You have legal rights over the used vehicle and it complies with safety standards.
• You will use road safety equipment if required by law (example: helmet).
• He is solely responsible for claims or damages arising from his services.
• It will comply with local law.
• It will not contact the Client for purposes unrelated to the Service.
• You are aware that the use of the mobile network may incur costs that you will be responsible for.
8.2. Special terms regarding deliveries:
• It is forbidden to hand over: fragile or perishable items, dangerous items, illegal items, high-value items, money, weapons, human remains, animals, pornography, etc.
• The Partner will cooperate with judicial or administrative investigations. They may refuse to hand over suspicious items or open packages if there are reasonable grounds.
8.3. The Service does not assume any obligation to compensate for damages caused by the Partner to third parties.
8.4. The Service is not responsible for acts of third parties that cause damage to the Partner.
SECTION 9. FORCE MAJEURE
9.1. Cases of force majeure release the parties from liability, in accordance with Dominican legislation.
9.2. The affected party must immediately notify the other party, indicating the nature, duration and obligations affected.
9.3. If it is not notified in a timely manner, force majeure cannot be claimed as an exemption.
SECTION 10. INTELLECTUAL PROPERTY
10.1. The Partner may use the Service's trade name “Maxim” to promote ways to book services.
10.2. The Partner may carry out advertising activities on their own (such as placing advertisements on the vehicle). They will be responsible for compliance with Dominican laws regarding advertising.
SECTION 11. STATEMENT OF CONFORMITY AND EXPRESS ACCEPTANCE
11.1. The Partner declares that he/she has read in full this “Maxim” Mobile Application License and Use Agreement, including the Procedure for the use of the Mobile Application and Annex I – Requirements for Drivers and Vehicles, and that he/she understands and accepts all its provisions.
11.2. The Partner expressly acknowledges that:
• It acts as an independent provider, without any employment, subordination, representation, agency or partnership relationship with the Service.
• It will strictly comply with the obligations set out in the contract, the Procedure and Annex I.
• Failure to comply with any of the provisions entitles the Service to unilaterally suspend or terminate the contract, without right to compensation.
• Electronic acceptance of the contract is equivalent to a signature and has full legal effect under the laws of the Dominican Republic.
11.3. As a sign of agreement, the Partner expresses his acceptance by electronic registration in the Mobile Application, which constitutes sufficient proof of his consent and legal relationship.
AIST Dominicana , SRL
National Taxpayer Registry (RNC): 1-33-56192-1
Legal Address: Avenida Carlos Pérez Ricart No. 6, Viejo Arroyo Hondo, DN, Dominican Republic
Postal Code: 10510
Email: aistdominicana@taximaxim.com