License agreement “Taxsee driver” app
License agreement “Taxsee driver” app
This License agreement defines the procedure for granting by the Maxim platform the right to use the computer program - “Taxsee driver” mobile application (“Mobile application”)and the rules of using it.
This document is an electronic record in terms of the Information Technology Act, 2000 and rules thereunder as applicable and the provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
By clicking “Next” upon registration on https://taxsee.pro/ website and/or Mobile application you are expressing consent with the License agreement. Please read the License agreement carefully. In case of disagreement with any terms, you must refuse to use the Mobile Application.
For the purpose of this License Agreement (hereinafter referred to as the “Agreement”), the following terms shall have the following meanings.
1. “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 the service.
2. “Partner” means a person that has accepted the terms of this Agreement and has obtained the right to use the Mobile application on the basis of this Agreement.
3. “Maxim” “Maxim Platform”, “Platform”: Aist Technology India Private Limited, (CIN) U74999TZ2021FTC036763 HAVING registered address at Door No. 16, GF, VJ Business Centre GRG layout, Trichy Road Coimbatore Coimbatore TN 641018. Maxim Platform is where Maxim is granting the Partner the right to use the Mobile Application on the basis of this Agreement.
4. “Services” means services that are provided by the Partner to the Client and ordered through the Platform.
5. “Client” means an individual or a legal entity ordering a service through the Platform.
6. License Fee- A fee charged by Maxim from Partners in exchange for providing access to the Mobile Application.
7. “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.
8. “Cost of the Services” means the amount of money paid to the Partner by the Client for the provision of the Services.
9. “Personal Account” means an account where the Partner’s advance payments are recorded and from which funds are debited as a payment for obtaining the right to use the Mobile Application.
10. “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.
II. General Provisions
1. A person who has completed the registration procedure described in the Agreement is considered to have accepted the Agreement, which is equivalent to concluding a civil contract on the terms set forth in this document.
3. By accepting the terms of this Agreement, the Partner understands that the information, access to which the Partner has received as part of the performance of this Agreement, shall be used by the Partner independently, for the benefit of the Partner and under the Partner’s responsibility. In case of using the Mobile Application for carrying out business activities, the Partner shall act in accordance with the current legislation of India including, but not limited to: Motor vehicle act, 1988, Information Technology act, 2000, Consumer protection act, 2019, central and state rules and notifications made under these acts.
III. Subject of the Agreement
1. In accordance with the terms of this Agreement, the Platform shall grant the Partner the right to use the Mobile Application under the terms of a simple (non-exclusive) license, in the manner established in the Agreement.
2. The territory of the Republic of India shall be the territory in which the right to use the Mobile Application is granted.
3. As a result of placing the Order by the Client and the Partner accepting it on the terms agreed between them, a contract for rendering Services is created, to which Maxim Platform is not a party.
4. The Platform does not assign orders to the Partner, the Partner voluntary decides to accept or decline any available order in the Mobile Application.
IV. Guarantees of the Platform
The Platform hereby guarantees that:
1. it possesses the sufficient scope of rights to fulfill its obligations under this Agreement.
2. performance of this Agreement by the Parties shall not entail the violation of any third parties intellectual rights.
3. it is not bound by any contract that can prevent the Partner from using the Mobile Application on the terms set forth in this Agreement.
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.
V. Methods and Procedure for Using the Mobile Application
1. The Partner may use the Mobile Application solely for the purpose of obtaining information related to execution of Orders and the provision of Services. Any actions of the Partner related to the use of the Mobile Application shall meet the aforementioned purposes.
2. The Partner is not entitled to:
(1) change, reproduce, copy, rework (including translation), distribute (including sale, rental, lease, etc.), publish or modify the Mobile Application, in whole or in part;
(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;
(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 Platform), and perform any other similar actions;
(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) perform other actions or use the Mobile Application in any other way not expressly provided for in this Agreement.
VI. Procedure for Registration in the Mobile Application
1. In order to be able to use the Mobile Application, the Partner shall register via the Mobile Application or the website of the Platform. Registration can be performed by the Partner independently via the Internet or at the location of the Platform office.
2. Registration in the Mobile Application constitutes full and unconditional acceptance of the terms of this Agreement.
3. Registration is carried out by providing necessary information entered in the relevant fields of the registration form. During the registration process, the Platform may require you to provide documents confirming the reliability of the specified information.
4. The Platform is entitled to unilaterally decide whether to complete registration. The provision of the documents and information necessary for registration shall not entail the unconditional obligation of the Platform to complete the registration procedure.
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 Platform to the mobile phone number specified during the registration process. 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 login and password) shall be deemed to have been performed by the respective Partner, unless the Partner proves otherwise.
6. Personal data and documents required by the Platform during the registration process are necessary only for the purpose of verifying the accuracy of the information provided and are not stored by the Platform after the registration procedure is completed.
7. Depending on the type of Services provided by the Partner, the Platform 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 Platform retains the following data:
(1) Username. The name of an individual is specified as the username in accordance with the data specified in the identity document (without specifying the last name and patronymic);
(2) Make, color and numeric part of the license plate number of a vehicle (in case the nature of Services provided by the Partner implies the use of a vehicle);
(3) Mobile phone number specified during registration.
(4) Registration number
8. By registering in the Mobile Application, the Partner expresses 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 required.
9. By registering on the website of the Platform, the Partner gives the Platform permission to publish and further use the image (photograph) of the Partner to provide the Client with the information about the driver of the vehicle assigned for the order execution.
10. The Platform may require you to provide the registration documents and Partner’s photo repeatedly after the registration, when MAXIM has a reason to believe that login and password is disclosed to a third party. Grounds and regularity for this type of verification are determined by MAXIM.
VII. Rights and Obligations of the Parties
1. The Platform is entitled to:
(1) require the Partner to use the Mobile Application in the manner and by the means provided for in this Agreement;
(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;
(3) suspend the Partner’s right to use the Mobile Application, in case the Personal Account balance becomes null or negative;
(4) suspend the Partner’s right to use the Mobile Application in case the Platform 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 the 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;
(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 Platform rules posted in the Mobile Application and of the terms of this Agreement;
(6) verify personal data provided by the Partner during registration procedure and suspend Partner’s right to use the Mobile application in case of absence or expiration of contract carriage permit, driver’s licenses or any other government authorizations required for execution of Services, specified in an accepted Order;
(7) record phone conversations with the Partner for the purpose of internal quality control and dispute resolution;
(8) carry out scheduled maintenance and functional modification of the Mobile Application. For the time period while such works are performed, operation of the Mobile Application may be suspended;
(9) 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;
(10) take any other actions not contradicting the current legislation of the Republic of India and this Agreement.
2. The Platform shall:
(1) grant the Partner the right to use the Mobile Application, ensure proper operation of the Mobile Application;
(2) provide continuous, uninterrupted operation of the Mobile Application during the entire validity period of this Agreement, excluding the cases of scheduled works;
(3) timely record the Partner’s payments in the Partner’s Personal Account;
(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;
(5) not change or edit information about the Partner without the Partner’s consent.
3. The Partner is entitled to:
(1) use the Mobile Application in the manner and by the means provided for in this Agreement;
(2) require the Platform to grant the right to use the Mobile Application in compliance with the terms of this Agreement, by means of technical and customer support;
4. The Partner shall:
(1) pay the Platform license fee in the manner and within the period set forth in this Agreement;
(2) execute the accepted Order in accordance with its conditions;
(3) immediately notify the Platform, in case of changing the registration details provided to the Platform earlier, as well as upon the occurrence of circumstances making it impossible to execute Orders;
(4) have all necessary commercial permits, licenses, safety authorisations as well as sufficient insurance coverage to render the Services;
(5) ensure safety of the data required for authorization in the Mobile Application (username and password) and take all measures to prevent third parties from authorizing in the Mobile Application and using the Partner’s username and password;
(6) The Partner agrees that it shall not reproduce, transcribe or make any copies of the Maxim Intellectual Property, in any form or manner and not copy or reverse engineer, or attempt to derive the composition or underlying information, structure or ideas of any such Intellectual Property.
VIII. Procedure for Calculating the Cost of the Services
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 similar Services, formed in the region of the Partner’s activity.
2. In case of non-compliance of the calculated cost of the Services with the rates set by or prescribed to the Partner, the Partner is entitled not to accept such an Order for execution.
3. The acceptance of the Order for execution by the Partner shall mean full and unconditional consent of the Partner to the offered cost of the Services. The Platform is entitled to apply sanctions 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.
4. The cost of the Services can be increased by the Client.
5. During cashless settlements between the Client and the Partner the Platform shall act as an agent on behalf of and at the expense of the Partner in terms of accepting funds from the Client to credit them to the Partner’s Personal account. The Service shall assume the obligations of the Partner’s agent only with regard to ensuring receipt of monetary funds from the Client and shall not assume any other rights and obligations of the Partner in relation to the provision of the Services.
IX. Remuneration of the Platform
1. For obtaining the right to use the Mobile Application, the Partner undertakes to pay the Platform the License fee (may be also referred to as “commision”) in the amount and in the manner established in the Agreement. 0% commission is for promotional purposes only; however as a general rule, Maxim can charge a License fee.
2. The amount of license fee payable to the Platform for granting access to the use of the Mobile Application shall be determined as percentage deductions from the Partner’s income (revenue), the license fee can amount to 0%.
3. The amount of the license fee shall be specified in the information about the Order accepted by the Partner for execution in the Mobile Application.
4. The license fee shall be established by the Platform unilaterally. The Partner shall familiarize itself/himself/herself with the amount of license fee before the start of the Order execution and, in case of disagreement with the established license fee rate, the Partner shall refuse to execute such an Order. The acceptance of the Order for execution by the Partner shall mean the acceptance of the specified license fee rate.
5. The funds required for payment of the license fee shall be credited by the Partner on a prepayment basis, the Partner shall deposit funds to the Personal Account in the amount determined by the Partner independently.
6. The payment of remuneration shall be carried out by debiting funds from the Partner’s Personal Account in the amount equal to the license fee amount, once the Order is accepted for execution.
7. Credit of funds to the Personal Account can be carried out by making advance payments by means of bank cards, by transferring funds to the settlement account or at the office of the Platform.
X. Liability of the Parties
1. Liability of the Platform:
(1) the Platform shall be liable for fulfillment of its obligations in accordance with the current legislation of Republic of India;
(2) the Platform shall not be liable for complete or partial interruptions of the Mobile Application operation caused by the replacement of hardware, software or some other scheduled works caused by the need to maintain the operability and development of the technical means of the Platform;
(3) the Platform shall not be liable for interruptions of the Mobile Application operation in case of failure of the software or hardware not belonging to the Platform;
(4) the Platform shall not assume any obligations in respect of compensation for damages, including lost profit, caused by the Partner to third parties, including the Client;
(5) The Platform shall not be liable to the Partner for any actions of third parties, including the Client, as a result of which the Partner has incurred any damages, including lost profit.
2. Liability of the Partner:
(1) the Partner shall be liable for the fulfillment of its/his/her obligations in accordance with the legislation of Republic of India;
(2) the Partner shall be solely liable to the Client for proper performance of the Services, as well as for any damage caused by the Partner, including loss or damage of Client’s property;
(3) the Partner shall be liable for the damages inflicted on third parties in respect of the execution of the Order and for the actions indirectly related to the execution of the Order, in this case, the Platform may act as a mediator between the Partner and the Client in order to resolve disputes as soon as possible;
(4) should the Platform make any payments in favor of the Client due to improper quality of the Services provided by the Partner (Partner’s employees and/or contractors), the Partner shall compensate the Platform for the losses incurred in this regard, this compensation is made by debiting funds from the Partner’s Personal Account;
(5) should the Partner perform any actions, which result in penalties stipulated by the Platform, funds shall be debited from the Partner’s Personal Account in favor of the Platform to the extent of the stipulated penalty. the list of such violations is available in the Mobile Application; in case of insufficient funds, the penalties accrued for the reporting period shall be the accounts receivable of the Partner, which shall be repaid as a priority when the Partner replenishes the Personal Account;
(6) the Partner shall be solely liable for any and all accidents/incidents involving the Vehicle, while providing the Services, Maxim shall not be held liable for any such accidents/ incidents involving the Partner's Vehicle;
(7) all miscellaneous expenses pertaining to the Vehicle, such as maintenance expenditures, penalty for violation of traffic rules, etc., shall be borne solely by the Partner, and Maxim shall not be held liable or responsible for the same.
XI. Force Majeure.
1. Force majeure shall be the ground releasing the Parties from their liability. For the purpose hereof, force majeure means the circumstances that include, among others, natural disasters, military actions, actions of public authorities that impede the fulfillment of the Agreement.
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.
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 the force majeure as to the circumstance that may exempt it from its liability.
XII. Dispute Resolution Procedure.
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.
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.
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 Platform.
XIII. Amendments to the Agreement.
1. Amendments to this Agreement shall be made by the Platform unilaterally by publishing the relevant amendments on its website. The specified amendments shall take effect within seven (7) calendar days after their publication on the website.
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 the Partner disagrees with the amendments made, the Partner shall stop using the Mobile Application and inform the Platform.
XIV. Intellectual Property.
1. The Partner is granted a limited right to use the Maxim Platform trade name as well as the Maxim® trademark for the purpose of advertising Mobile application and ordering methods within the permitted uses listed in the License agreement and Mobile application.
2. The Partner is entitled to independently carry out actions aimed at promotion Mobile Application, other ways of executing orders by 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 current legislation. This provision does not apply to cases of placement of advertisements on the Platform on the basis of contracts under which the Platform acts as an advertiser.
XV. Special Terms
1. This Agreement shall not imply the transfer of the exclusive rights to the Mobile Application and database to the Partner, therefore granting the Partner the rights provided for in this Agreement is not subject to state registration.
2. The Partner gives consent to the Platform to carry out, at its/his/her 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 Platform in full by proportionate reduction of remuneration of the Platform.
3. The terms of the Agreement shall apply to all persons registered in the Mobile Application, unless otherwise provided by a separate agreement of the Parties. Should the Parties conclude the separate agreement, the terms of such an agreement shall apply.
4. By agreeing the terms of this Agreement the partner gives his consent to Maxim that the partner has no objection for advertising, promoting, performing branding of Maxim on his/her/it’s vehicle.
5. By agreeing the terms of this Agreement the partner gives his consent that the income and incentives advertised by Maxim in the advertisements is not a guaranteed amount promised by Maxim. The actual income may vary depending on multiple factors such a number of trips completed, change in government policies, price fluctuations etc.