PUBLIC OFFER OF SERVICES – TERMS OF USE

1.1. This document, addressed to any natural person (hereinafter, the “Customer”), constitutes an official offer of the “Maxim” Transport and Delivery Service (hereinafter, the “Service”), and contains all the essential conditions for the provision of the Services aimed at registering the Customer's order in the Service's Mobile Application and providing the Customer with information on the order tracking status.

1.2. In accordance with the current legislation of the Dominican Republic, this document constitutes a public offer. Booking a vehicle through the Service by any of the means specified in these Terms of Use will be considered acceptance, which is equivalent to entering into a contract under the terms established herein. These Terms of Use are published on the Service's official website: https://www.taximaxim.com/do/term/.

1.3. By accepting these Terms of Use, the Client also accepts the Service's Privacy Policy regarding the processing of personal data, available at: https://www.taximaxim.com/do/ .

1.4. The Client should carefully read the text of these Terms of Use. If the Client does not agree with any of its terms, they are advised to refrain from using the services.

    • Services: Information services aimed at receiving, processing, and transmitting the Customer's order to the Partner and communicating the order's tracking status to the Customer. The Customer may request, among other things, passenger and luggage transport, and delivery of goods and merchandise. The Service does not directly provide transport or delivery services; it acts as the Partner's agent to receive payments from the Customer through an online payment gateway and other electronic methods.

    • Order: the order processed by the system for services provided by Partners.

    • Partner: the person who, independently and on their own account, provides passenger and luggage transport services or any other service, including the delivery of goods and merchandise, to the Client.

    • Profile: The page on the Service's official website that contains statistics on the volume of services provided by Partners and the current status of the Client's personal account.

    • Personal Account: The account where the Client's advance payments and the amounts deducted (debited) from these payments as payment for services are recorded. The Personal Account has a unique number and is generated by the Service.

    • Personal account balance: the difference, at a given time, between the amount deposited into the personal account and the amount deducted from the personal account.

    • Customer: the person who places an order for passenger and luggage transport service or any other service, including the delivery of goods and merchandise through the Service.

    • Route: the vehicle's route between the starting and destination points.

    • Advance order: the order for passenger and luggage transport services and other services, including delivery of goods and merchandise, accepted at least sixty (60) minutes in advance and which implies the possibility of the vehicle arriving at the time specified by the Customer.

    • Current order: the order that implies the arrival of the vehicle "as soon as possible".

    • Mobile application: the computer program installed on the Customer's mobile device that allows the online ordering process to be automated.

    • Client's legal capacity: The Client must be at least eighteen (18) years old or the age of majority set in the jurisdiction of the Dominican Republic, with full capacity to enter into and execute contracts.

    • Prohibition of account assignment: The Client may not transfer, assign, sublicense, share or allow the use of their Profile or Personal Account by third parties, whether natural or legal persons.

2.1. The Service will provide the Customer, free of charge, with the Services aimed at placing an order in the Mobile Application and informing the Customer about the execution of the order.

2.2. The Service acts as a technological intermediary platform that facilitates contact between the Client and the Partner. The Service is solely responsible for the proper functioning of the Mobile Application and the correct transmission of the order to the Partner. The Partner, as an independent service provider, is solely responsible for the execution of the transport or delivery service, including safety, regulatory compliance, vehicle condition, driver conduct, and any damages arising from said service. The contractual relationship for the provision of transport or delivery services is established directly between the Client and the Partner.

3.1. The Customer accepts these Terms of Use when contacting the Service to reserve a vehicle by any of the available means.

3.2. The Customer shall be responsible for the content and accuracy of the information provided when placing an order. The Customer guarantees that the information provided will be true, accurate, and complete, and undertakes to keep it updated at all times.

3.3. Once the order is placed, the Customer's data is recorded in the Service's Mobile Application. The Customer's data will not be modified or corrected without their consent.

3.4. The Service will enter the order into the Mobile Application free of charge and grant access to said order to the Partner, who will select an order and notify the Service of their choice, indicating the arrival time for the selected order. The Service only guarantees the entry of the order into the Mobile Application. The Partner will be responsible for the transport of passengers, luggage, and other services, including the delivery of goods and merchandise.

3.5. The Service will inform the Customer about the arrival of the vehicle, indicating the mandatory data of the Partner and of his vehicle, detailing the name of the driver, license plate, make and model of the vehicle.

3.6. The Service may accept advance reservations for vehicle rentals. Once the reservation is confirmed, the Service will ensure the order is properly transmitted to the Partner. The Partner is solely responsible for the execution of the service and the punctual arrival of the vehicle. If, for operational, technical, or availability reasons, it is not possible to provide the service, the Client will be duly notified in a timely manner. The foregoing will not apply in cases of force majeure or duly justified unforeseen events.

3.7. Acceptance of these Terms of Use is a mandatory requirement for accessing and using the Services. Consequently, the Service will not process orders or allow access to the Mobile Application to those who have not expressly accepted these Terms of Use.

3.8. Telephone calls between the Client and the Service will be recorded for internal control of Service activities and quality control in order fulfillment. The client will be notified that the call will be recorded.

3.9. To improve the quality of services provided and ensure real-time interaction between the Client and the Partner, the Client may report any instance of violation of their rights by the Partner to the Service via the electronic feedback form or in writing to the Service's address at Avenida Carlos Pérez Ricart No. 6, Viejo Arroyo Hondo, Distrito Nacional. In such cases, the Service will notify the Partner of the Client's complaint, share the Client's telephone number, and the content of the complaint with the Partner. The subsequent resolution of the dispute will be carried out between the Client and the Partner without the Service's involvement. The content of this clause does not imply, nor may it be interpreted as, the Service's acceptance of any obligation to compensate for damages, whether in kind or in cash, nor the payment of compensation, nor any other obligation not expressly stated herein. The Partner will be responsible for handling, in accordance with the law, any applicable claims, returns, or cancellations, and for directly issuing any due refunds to the Client.

3.10. In the collection and processing of Customer data, the Service will be governed by Law No. 172-13 on the Protection of Personal Data of the Dominican Republic and the General Law on the Protection of the Rights of the Consumer or User, No. 358-05, as well as by the Service's Privacy Policy.

3.11. If you have any doubts about the characteristics of the services, you should consult with a Service specialist before placing an order.

3.12. The Client agrees not to travel with or transport items prohibited by law (including weapons, illicit substances, and hazardous materials) and to behave in accordance with morality and public order during the provision of the service (including not smoking, consuming alcohol, harassing, or causing disturbances). Failure to comply will be considered a serious offense and may result in the immediate cancellation of the service and the corresponding legal liability.

4.1. The Service will enter the Customer's order into the Mobile Application free of charge and will inform the Customer about the execution of the order.

4.2. The Service will inform the Customer about any case of forced delay of the vehicle.

4.3. The Service will inform the Customer if it is impossible to provide a vehicle.

4.4. The Service will promptly credit the Client's advance payments to the personal account.

4.5. The Service will transfer payments from the Client's personal account to the Partner's personal account, upon request of the Client.

4.6. The Service will detect and prevent in a timely manner any attempts to access the information provided by the Client or its transfer to persons not directly related to the execution of the order.

4.7. The Service will adopt reasonable technical and organizational measures to ensure the proper functioning of the Mobile Application and the accuracy of the information published therein. While the Service implements security measures designed to prevent errors, technical failures, malicious software, or unauthorized access, it cannot guarantee the complete absence of unforeseen technical incidents beyond its reasonable control. The Service will be responsible for addressing and correcting any verified technical malfunctions within a reasonable timeframe.

5.1. The Client will reserve the services taking into account the time required for the arrival of the vehicle.

5.2. The Customer will consider the number of seats and the capacity of the vehicle, as well as the need for child restraint devices.

5.3. The Customer will provide their telephone number, time and address for the arrival of the vehicle, type of vehicle, travel route, and the necessary conditions for transport or delivery.

5.4. The Customer will use the vehicle provided for the intended purpose.

5.5. The Client must also comply with traffic laws and is responsible for using the seat belt on all journeys. Any additional damages suffered as a result of not using the seat belt in the event of an accident will be the Client's sole responsibility.

5.6. The Client shall be responsible for all activities that occur under their personal account and is obligated to maintain the security and confidentiality of their username and password at all times. Unless expressly authorized by the Service, the Client may only have one active account.

5.7. The Client agrees to: a) Use the Services solely for personal purposes and not resell them to third parties. b) Not use the Services for illegitimate purposes, including transmitting or storing illegal or fraudulent materials. c) Not harass or obstruct other users or cause them any inconvenience. d) Not disrupt the normal operation of the network or technological infrastructure. e) Not attempt to damage the Services or the Mobile Application. f) Provide the identification documentation reasonably requested by the Service. g) Make all payments for the requested Services. h) Comply with all traffic laws of the Dominican Republic while using the Services.

5.8. The Client agrees not to travel with dangerous, prohibited, or otherwise inappropriate items under current legislation, such as firearms, bladed weapons, illicit substances, or explosive materials. The Client will assume any consequences and liability arising from carrying such items.

5.9. The Client agrees to behave in accordance with morality and public order during the provision of the service, refraining from smoking, consuming alcohol, harassing, or engaging in uncivilized conduct. Failure to comply will be considered a serious offense and may result in the immediate cancellation of the service and the corresponding legal liability.

6.1. The Service will provide the Client with the Services defined in these Terms of Use free of charge.

6.1.1. A fee will be charged for the use of the cartography under the terms described in Section 2.

6.2. Payment for passenger and baggage transport services and other services, including the delivery of goods and merchandise, will be made directly between the Customer and the Partner. The Service will inform the Customer of the service cost, calculated according to the rates applied by the Partner who accepted the order. Informing the Customer of the final cost does not imply, nor can it be interpreted as, that the Service is directly providing transport or delivery services.

6.3. The method of settlement for the services will be agreed directly between the Client and the Partner, without the participation of the Service.

6.4. The Service will not give the Client or the Partner instructions on the form or procedure of payment for the services provided.

6.5. The Service will provide the Client with technical functionality to pay for services using the following methods:

    • Advance payment through self-service terminals, crediting funds to the Customer's personal account.

    • Non-face-to-face payment via bank cards (if technically possible).

6.6. In the case of payments by advance or bank card, the Service will act as the Partner's agent, on behalf of and for the account of the Partner, to receive the funds from the Client. The payment made by the Client will be considered as a payment made directly to the Partner.

6.7. Card payments will be made using Visa or MasterCard credit or debit cards.

6.8. To enable non-face-to-face payment, it will be necessary to register the Profile and link a bank card to the Customer's personal account number.

6.9. Card payments will be processed in accordance with the rules of international payment systems, the principles of confidentiality and security, and the laws of the Dominican Republic. Data security will be guaranteed through compliance with the Payment Card Industry Data Security Standard (PCI DSS), and no third party, including the Service, will have access to this data. Card details are entered on the acquiring bank's secure page.

6.10. To confirm the possibility of payment by card, the amount corresponding to the cost of the services may be held on the Customer's card at the time of the order. In case of cancellation of the order or if the service was not provided, the held amount will be refunded.

6.11. If the Customer modifies the scope of the service—including, but not limited to, route changes, addition of extra stops, requests for supplementary services, extension of waiting time, or changes in vehicle category—the cost will be recalculated according to the current rates. Payment will be made based on the services actually provided.

6.12. The Client and the Partner may agree on other forms of payment not contemplated in these Terms of Use, such as cash payments or others, provided that they do not contravene the laws of the Dominican Republic.

6.13. The Partner may set fees for additional services, including:

    • Waiting longer than the established period from the arrival notice.

    • Transporting bulky luggage in the trunk.

6.14. The Partner may establish a penalty for cancellation of the trip after the vehicle has arrived. The amount will be determined by the Partner.

6.15. The Service will inform the Client about any additional fees and penalties set by the Partner. Payment will be made directly to the Partner in the manner agreed between the parties.

6.16. The Service does not benefit from or profit from payments made by the Client. Electronic payments are debited from the Client's bank card and credited to the Partner's personal account opened with the Service.

6.17. The Partner may offer free or reduced-price transportation, charged to the Service, in accordance with its product promotion programs (“Maxim”). The corresponding amount will be credited to the Partner’s personal account.

6.18. The Service will be a provider of Services that grant access licenses to the Mobile Application and mapping to the Partner. The funds for said license are deducted from the Partner's personal account.

6.19. A positive balance in the Member's personal account is considered a debt of the Service to the Member.

6.20. A negative balance is considered a debt of the Member to the Service.

6.21. The Member may request payment of the debt from the Service by sending an electronic request with the bank card details through the authorized application.

6.22. The Partner is an independent economic entity and is solely responsible for the taxes and insurance generated as a result of its economic activity.

7.1. The parties shall be responsible for any breach of their obligations under the current legislation of the Dominican Republic.

7.2. The Service will not be responsible for interruptions in the provision of Services resulting from failures in software or hardware that do not belong to it.

7.3. The Service will not be responsible for complete or partial interruptions in the provision of the Services due to replacement of hardware, software, or other actions necessary for the maintenance and development of its technical resources.

7.4. The Service will not be liable for direct damages, lost profits or losses suffered by the Client as a result of the use of the Services.

7.5. The Service will not be responsible for the Partner's failure to comply with its obligations.

7.6. The Service uses maps published from public sources. The Service is not responsible for the naming or description of geographic features and neither confirms nor denies their legality, accuracy, or reliability. The Service does not express geopolitical opinions, does not participate in the definition of state borders, and the use of third-party maps should not be considered an endorsement of their views. The Service cannot be held liable for the actions of government or private authorities in any country.

7.7. The driver associated with the Service may refuse to continue the journey if the Customer refuses to use the seat belt or other protective equipment.

7.8. The Service does not assume or exercise any control over public safety, the actions of third parties, the state of public order, the activities of the competent authorities in matters of law enforcement, or any other circumstances that reasonably exceed its scope of control.

7.9. The Service does not guarantee and cannot guarantee the absence of illegal actions by third parties, nor the absence of other risks inherent to the CLIENT's presence in public places, and consequently will not assume any responsibility for the consequences that may arise from such circumstances.

7.10. The Service will be responsible for:

7.10.1. The correct operation of the Mobile Application within the corresponding technical parameters.

7.10.2. The accurate transmission of orders, requests or requests between the Client and the Partner

7.10.3. The implementation of reasonable security measures for the protection of personal data.

7.11. The Partner, acting as an independent service provider, will be solely responsible for:

7.11.1. The execution of transport or delivery services.

7.11.2. Compliance with applicable regulations regarding transport, taxes, labor and insurance.

7.11.3. The condition of the vehicle and the driver's behavior.

7.11.4. Any damage, loss or injury arising from the provision of the transport or delivery service.

7.12. The Service shall not be liable for damages resulting from the execution of the transport or delivery carried out by the Partner, except in cases where such damages are directly attributable to a proven malfunction of the Mobile Application attributable to the Service.

7.13. Nothing in these terms shall be construed as an exclusion of liability where such liability cannot be limited under applicable law and practice.

8.1. The parties will endeavor to resolve any conflict or disagreement related to these Terms of Use through negotiation.

8.2. If a solution cannot be reached through negotiation, the conflicts will be resolved in accordance with civil, commercial or other applicable legislation under the laws in force in the Dominican Republic.

9.1. The Service does not influence or induce any person to access the Mobile Application in any jurisdiction where, due to nationality, residence or other reason, access to or availability of the Service is prohibited or subject to any restriction, including registration requirements or other requirements within that jurisdiction.

9.2. Access to the Mobile Application may be subject to technical, regulatory, or operational restrictions, including those required to comply with applicable laws of the Dominican Republic. Any person accessing the Application in any jurisdiction does so on their own initiative and is responsible for complying with applicable local laws and regulations.

9.3. The Service acts as a technological platform that facilitates the connection between Users and Partners (independent drivers). Responsibility for providing transportation services lies with the Partner who accepts the order. The Service does not directly provide transportation services.

10.1. No warranty is given either express or implied, with respect to the Mobile Application and the material published on it, including without limitation, its content.

10.2. Except as expressly set forth in these Terms of Use, all warranties, conditions and representations, express or implied by law or otherwise made by the Service (including, without limitation, warranties as to satisfactory quality, fitness for a purpose or skill and care) are excluded by this provision to the extent permitted by law.

11.1. The Service will be responsible for ensuring the proper functioning of the Mobile Application within its reasonable technical control and for implementing appropriate security measures to protect user data.

11.2. The Service will take reasonable steps to correct any verified technical faults that affect the use of the Application within a reasonable timeframe.

11.3. The Service does not directly provide transport or delivery services and, therefore, will not be liable for damages, losses, accidents or injuries arising from the performance of transport or delivery services carried out by the Partner.

11.4. The Partner acts as an independent service provider and will be solely responsible for the provision of transport or delivery services, including compliance with applicable legal and regulatory requirements.

11.5. Nothing in these Terms shall exclude or limit liability where such exclusion or limitation is not permitted by applicable law.

12.1. The Client agrees to indemnify and hold harmless the Service, its affiliates, employees, and representatives from any claim, cost, loss, expense, or damage, including legal fees and court costs, arising from: a) Breach of these Terms of Use. b) Violation of third-party rights. c) Improper, abusive, or fraudulent use of the Mobile Application. d) Damage caused to the vehicle, the Partner, or third parties due to the Client's negligence or willful misconduct.

12.2. This obligation to provide compensation will remain in effect even after the termination of the contractual relationship between the Client and the Service.

13.1. The Client and the Partner agree to comply with all applicable laws in the Dominican Republic, including traffic, transportation, personal data protection, tax and security regulations.

13.2. The following are expressly prohibited: a) The use of the Mobile Application for illicit purposes or purposes contrary to public order. b) The resale of services or manipulation of rates. c) Any unsafe, fraudulent, or deceptive conduct that affects other Clients, Partners, or the Service. d) The misuse of the application's functionalities to obtain unauthorized economic benefits.

13.3. Failure to comply with this section will be considered a serious offense and will entitle the Service to suspend or cancel the Client or Partner's account, without prejudice to any corresponding legal action.

14.1. The Service does not directly provide transport or delivery services and, therefore, will not be liable for damages, loss of forgotten or misplaced items, accidents or injuries arising from the execution of transport or delivery services performed by the Partner, who is solely responsible to the customer.

14.2. The Service will be responsible for ensuring the proper functioning of the Mobile Application within its reasonable technical control and for implementing appropriate security measures to protect user data, and will not be liable for technical failures attributable to third parties, including telecommunications operators, banks, payment gateways or external providers.

14.4. The Service will not be liable for indirect losses, lost profits, moral damages or any other non-direct damages arising from the use of the Mobile Application.

15.1. The Service may modify these Terms of Use at any time.

15.2. The modifications will be effective from their publication on the official website of the Service (insert link) or in the Mobile Application, after prior notification to the client of their modification.

15.3. It is the Client's responsibility to regularly review the Terms of Use. In case of modification, the client will be informed prior to using the Mobile Application to validate their acceptance of the changes made.

16.1. By accepting these Terms of Use, the Client expresses their consent to receive information about our services and promotions through physical and digital means, such as: email, automatic notifications, messaging through social networks such as Viber , WhatsApp, Telegram , Instagram, Facebook, _e in accordance with the processing and protection of personal data according to the laws and regulations of the Dominican Republic.

16.2. By accepting these Terms of Use, the Customer also agrees to the following special terms related to the delivery service of goods and merchandise:

16.2.1. The delivery of the following items is strictly prohibited: fragile items (including flowers, cakes) requiring special handling; perishable goods; hazardous, explosive, flammable, or unsafe materials (including portable chargers); valuables and documents; credit or debit cards; illegal substances; live animals or plants; loose or unpackaged items that may be easily damaged; counterfeit goods; animals (live or dead); bullion, currency of any denomination, revenue stamps or seals, bearer securities, precious metals or stones; real or imitation weapons, including parts, explosives, or ammunition; human remains or body parts; pornographic material.

16.2.2. The Member shall cooperate in any required criminal investigation and assist the Service in internal investigations, orders from authorities, or legal requirements. The Member may refuse to hand over items included in the list in section 9.2.1 and shall be fully liable for any damage or loss resulting from such non-compliance.

16.3. The Client declares and warrants that:

16.3.1. Is the owner or authorized representative of the owner of the item to be delivered, and accepts these Terms of Use on his own behalf or as a representative;

16.3.2. The Client is responsible for ensuring that the delivery details (recipient's name, contact information, and address) are provided correctly so that the Partner can provide the contracted service. The Service will not be liable for delays or delivery failures due to errors in this information; the Client is solely responsible for such situations.

16.3.3. You are authorized by the recipient to provide your information to the Service and the Partner;

16.3.4. The description of the item being delivered is accurate. Before delivery begins, you must inform the Partner of any special handling precautions;

16.3.5. The item being delivered complies with applicable laws and regulations regarding its nature, packaging, handling, storage and transport; and that the item is not or does not contain anything that (a) is prohibited by law, (b) is dangerous, (c) readily degrades, (d) is flammable, (e) contains explosives, (f) is corrosive, (g) contains radioactive substances or (h) is subject to special regulation.

16.4. Both the Service and the Partner shall have the right to open and inspect the delivered item without prior notice if there is reasonable suspicion that it contains prohibited items. The Service and the Partner shall take the necessary steps to collect evidence, which will be included in the inspection report. They may also refuse to accept or return the item.

16.5. The item was personally packed by the Customer and is properly protected and labeled.

16.6. Once the order has been received, the Customer will be solely responsible for any loss, damage, contamination or retention related to the delivered item, even if it was caused by the recipient or another person acting on their behalf.

16.7. As a general rule, a confirmed order cannot be canceled. If the Customer cancels after confirmation, they will be required to pay the full charge. This also applies if the recipient is unreachable for five (5) minutes after the Partner's arrival. The Service or the Partner may not complete the order if: (a) the delivery address is outside the service area; (b) the Customer cannot be contacted; (c) information or authorization is missing; or (d) the recipient is unreachable for five minutes after arrival.

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