Terms and Conditions - PROTEUS R.L.
   
 

   

 

Terms and Conditions

    
   

1. Use of the Application

   

Welcome to our application for passenger transportation and courier services. By downloading, accessing, or using our application, you agree to comply with the following terms and conditions. If you do not agree with these terms, you must not use our application.

    
   

Our application is owned and operated by PROTEUS R.L. We reserve the right to modify, suspend, or discontinue our application at any time, without prior notice. We will not be liable to you or any third party for any modification, suspension, or discontinuation of the application.

    
   

It is strictly prohibited to perform any type of reverse engineering, decompile, disassemble, or attempt to obtain the source code of the application. You also may not modify, copy, distribute, transmit, display, reproduce, publish, license, create derivative works, transfer, or sell any information, software, products, or services obtained from any of our applications, as we have a total range of five mobile applications.

    
   

2. Individual Users

   

As a user, you can request transportation or courier services through our application. By doing so, you agree to comply with these conditions:

    
   

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• Provide accurate and up-to-date information when creating your account and requesting services.


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• Use the application only for legal purposes and in accordance with these terms.


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• Treat service providers with respect and not engage in illegal, discriminatory, abusive, or threatening acts towards any member of our community. If improper behavior in this regard is detected and proven, the user may be immediately blocked from the platform in any of the versions to which the offender has registered, and if necessary, we will report to the respective judicial authorities.


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• If risky conduct on your part causes harm to our collaborators or a third party outside the platform, you will be responsible for any damage or injury caused to a service provider during the requested service.


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• Sharing your account with third parties is not allowed, nor is the unauthorized use of unverified users of the application. However, you are allowed to make orders for third parties from the account originally registered on the platform. In case of any problem or inconvenience, the verified person of the account on our platform will be contacted.


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• The user must pay all applicable fees, taxes, and charges for the services requested through the application.


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• The confidentiality of the personal information of service providers must be maintained and cannot be used for unauthorized purposes or without the knowledge/consent of users who feel they may be affected by the use of their personal information.


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• You cannot request transportation services or deliveries of food or packages that violate legally applicable laws or regulations.


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3. Service Providers (Drivers/Couriers)

   

If you are a service provider registered in our application, you must comply with the following conditions:

    
   

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• Have all the licenses, permits, and insurance (optional) necessary to operate legally within the national territory.


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• Maintain your vehicle in good mechanical and safety conditions.


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• Treat users with respect and courtesy, complying with established service standards.


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• Do not discriminate against users on grounds of race, gender, sexual orientation, disability, or other illegal reasons.


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• Comply with all laws and regulations applicable to the transport of goods or products within the Costa Rican road network.


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• Maintain the confidentiality of user information and do not use it for unauthorized purposes.


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• Do not request direct payments from users outside the application. If this behavior is detected, you may receive a warning, and if it is repeated, we will proceed with permanent blocking and deletion of your data from our system.


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• Accept the payment terms and commissions established by the application.


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• Ensure that transported goods comply with regulations and are not illegal or dangerous.


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• Maintain professional and respectful behavior at all times during the provision of services.


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• Immediately report any incident, accident, or problem during the provision of services.


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4. Intellectual Property

   

All intellectual property, including but not limited to copyrights, trademarks, patents, trade secrets, logos, graphics, icons, images, audio clips, digital downloads, and data compilations, related to our application and services, are the exclusive property of PROTEUS R.L. or its author and legal representative R. D. Brenes.

    
   

No right or license is granted over such intellectual property, except for the limited use of the application in accordance with the terms established herein. Any unauthorized use of PROTEUS R.L.'s intellectual property may result in violation of copyright, trademark, privacy and publicity laws, and civil and criminal regulations.

    
   

Users agree not to reproduce, duplicate, copy, sell, resell, or exploit any part of the application, use of the application, or access to the application without the express written permission of PROTEUS R.L. Additionally, users must not use any automated means, including robots, crawlers, data mining tools, or similar to download, monitor, or use data from the application.

 

   

5. Limitation of Liability

   

To the maximum extent permitted by applicable law, PROTEUS R.L. and its directors, employees, agents, suppliers, and licensors will not be liable for direct, indirect, incidental, special, consequential, or punitive damages, including, but not limited to:

    
   

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• Damages for loss of profits, data, use, goodwill, or other intangible losses.


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• Damages related to access, use, or inability to access or use the service.


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• Damages caused by third-party conduct in the service.


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• Damages resulting from errors, omissions, interruptions, defects, delays in operation or transmission.


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• Damages resulting from viruses, trojans, or any other malicious material that may infect your equipment.


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• Damages related to unauthorized disclosure or alteration of your transmissions or data.


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This limitation will apply regardless of whether the damages arise from a breach of contract, tort (including negligence), or any other legal theory, even if PROTEUS R.L. has been informed of the possibility of such damages.

 

   

6. Indemnification

   

You agree to indemnify, defend, and hold harmless PROTEUS R.L., its affiliates, directors, officers, employees, agents, contractors, licensors, service providers, and subcontractors from and against any claim, demand, action, liability, loss, cost, or expense, including, but not limited to:

    
   

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• Reasonable attorneys' fees and legal costs.


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• Damages resulting from your breach of these Terms and Conditions.


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• Any activity related to your account (even if such activity was not performed by you).


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• Your use or misuse of the application or services.


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• Your violation of any law, regulation, or third-party rights.


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• Any content or information you submit, post, or transmit through the application.


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PROTEUS R.L. reserves the right, at its own cost, to assume the exclusive defense and control of any matter subject to indemnification by you, in which case you will fully cooperate with PROTEUS R.L. in asserting any available defenses.

 

   

7. Privacy and Data Protection

   

PROTEUS R.L. is committed to protecting the privacy and personal data of its users in accordance with applicable data protection laws and regulations. Our Privacy Policy, which forms an integral part of these Terms and Conditions, describes in detail how we collect, use, share, and protect your personal information.

    
   

By using our application, you accept and consent to the collection, use, storage, and disclosure of your personal information in accordance with our Privacy Policy. This information may include, but is not limited to:

    
   

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• Registration and profile information (name, email address, phone number, etc.)


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• Location information


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• Device information and application usage


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• Transaction and payment information


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• Communications with PROTEUS R.L. and other users of the platform


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We are committed to implementing appropriate technical and organizational security measures to protect your personal information against unauthorized access, disclosure, alteration, or destruction. However, no method of transmission over the Internet or method of electronic storage is 100% secure, and we cannot guarantee its absolute security.

    
   

You have the right to access, correct, or delete your personal information, as well as to object to or limit certain processing of your data. To exercise these rights or for any privacy-related inquiries, please contact our Data Protection Officer through the channels provided in our Privacy Policy.

 

   

8. Dispute Resolution

   

In the event of any dispute arising between you and PROTEUS R.L. in relation to the use of the application or the services provided, both parties agree to resolve such dispute amicably following this process:

    
   

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2. Direct negotiation: The parties will attempt to resolve the dispute through good faith negotiations for a period of 30 days from the notification of the dispute by one party to the other.


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4. Mediation: If the dispute is not resolved through direct negotiation, the parties will turn to a mutually agreed neutral mediator to facilitate a resolution. The mediation process will be carried out within 45 days from the appointment of the mediator.


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6. Arbitration: If mediation does not result in a resolution, the dispute will be submitted to binding arbitration in accordance with the arbitration rules of the Conciliation and Arbitration Center of the Costa Rican Chamber of Commerce. The arbitration will be conducted in San José, Costa Rica, in Spanish, and the arbitrator's decision will be final and binding on both parties.


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Notwithstanding the above, PROTEUS R.L. reserves the right to seek injunctive relief or any other form of equitable relief from a court of competent jurisdiction to prevent the violation, misappropriation, or infringement of its intellectual property rights or other proprietary rights.

 

   

9. Modifications to the Terms and Conditions

   

PROTEUS R.L. reserves the right to modify these Terms and Conditions at any time and at its sole discretion. Modifications may be made for various reasons, including but not limited to:

    
   

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• Changes in the functionality or features of the application


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• Changes in applicable laws and regulations


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• Improvements in the security and privacy of our users


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• Updates to our business policies and practices


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Modifications will take effect immediately after their publication in the application. PROTEUS R.L. will notify users about significant changes to these Terms and Conditions through one or more of the following means:

    
   

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• In-app notification


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• Email sent to the address associated with your account


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• Prominent posting on our website or official blog


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Continued use of the application after such modifications will constitute your acceptance of the new terms. If you do not agree with the modified terms, you must stop using the application immediately.

    
   

It is your responsibility to periodically review these Terms and Conditions to stay informed of any changes. We recommend that you save a copy of these Terms and Conditions for future reference.

 

   

10. Termination

   

PROTEUS R.L. reserves the right to terminate or suspend your access to the application and services, without prior notice and for any reason, including, without limitation:

    
   

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• Breach of these Terms and Conditions


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• Conduct that PROTEUS R.L. considers harmful to other users, third parties, or PROTEUS R.L.'s business interests


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• Fraudulent or abusive use of the application or services


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• Investigations or requests from legal authorities


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• Unexpected technical or security problems


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• Extended periods of inactivity


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Termination of your account may result in the destruction of any content associated with your account and the prohibition of any subsequent access to such content or the application.

    
   

You may terminate your agreement with PROTEUS R.L. at any time by ceasing all use of the application and requesting the deletion of your account through the customer service channels provided in the application.

    
   

Upon termination, all provisions of these Terms and Conditions that by their nature should survive will survive, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

 

   

11. Applicable Law and Jurisdiction

   

These Terms and Conditions shall be governed by and construed in accordance with the laws of the Republic of Costa Rica, without giving effect to any principles of conflicts of law. Any controversy, dispute, or claim arising out of these Terms and Conditions or the use of the application or its services, and which cannot be resolved through the dispute resolution process described in section 8, shall be submitted to the exclusive jurisdiction of the Courts of Justice of the Republic of Costa Rica.

    
   

By using this application, you expressly accept the personal and exclusive jurisdiction of such courts, waiving any objection to jurisdiction, venue, or forum non conveniens. This provision does not prevent PROTEUS R.L. from seeking injunctive relief in any jurisdiction when it deems necessary to protect its rights and interests.

    
   

Notwithstanding the above, PROTEUS R.L. reserves the right to bring any suit or action against you for breach of these Terms and Conditions in your country of residence or any other relevant country. You waive any objection based on venue or forum non conveniens and any right to a jury trial with respect to any action brought in connection with these Terms and Conditions.

 

   

 

 

 

   
   
   Terms and Conditions - PROTEUS R.L.
   


   

 

 

   

12. General Provisions

   

Entire Agreement: These Terms and Conditions, together with our Privacy Policy and any other legal agreement published by PROTEUS R.L., constitute the entire agreement between you and PROTEUS R.L. with respect to the application and services, and supersede all prior agreements, whether written or oral, between you and PROTEUS R.L.

    
   

Severability: If any provision of these Terms and Conditions is deemed invalid, illegal, or unenforceable for any reason by a court or competent jurisdiction, such provision shall be interpreted consistently with applicable law to reflect, to the extent possible, the original intentions of the parties, and the remaining provisions shall remain in full force and effect.

    
   

Waiver: The failure of PROTEUS R.L. to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. No waiver of any term shall be deemed a further or continuing waiver of such term or any other term.

    
   

Assignment: You may not assign or transfer these Terms and Conditions, in whole or in part, without the prior written consent of PROTEUS R.L. PROTEUS R.L. may assign or transfer these Terms and Conditions, in whole or in part, without restriction.

    
   

Force Majeure: PROTEUS R.L. shall not be liable for any failure or delay in the performance of its obligations due to events outside its reasonable control, including, but not limited to, natural disasters, wars, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation, fuel, energy, labor or materials.

    
   

Headings: The section headings in these Terms and Conditions are included for convenience only and do not limit or otherwise affect these Terms.

    
   

Language: These Terms and Conditions are drafted in Spanish. Any translation is provided solely for your convenience. In the event of any conflict between the Spanish version and any translation, the Spanish version shall prevail.

    
   

Notices: PROTEUS R.L. may provide notices or communications to you through the application, email, or any other means of contact you provide. You agree to receive all communications from PROTEUS R.L. electronically.

    
   

Relationship between the parties: Nothing in these Terms and Conditions shall be construed as creating an agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between you and PROTEUS R.L.

    
   

Feedback and suggestions: Any feedback, suggestions, ideas, or proposals you provide to PROTEUS R.L. related to the application or services ("Feedback") shall be considered non-confidential and non-proprietary. PROTEUS R.L. shall have the right to use such Feedback without restriction and without compensation to you.

 

   

By using our application, you acknowledge that you have read, understood, and accepted these Terms and Conditions in their entirety. If you have any questions or concerns about these terms, please contact us through the customer service channels provided in the application.

 

   

Last updated: 9/22/2024