Terms and Conditions

I. Introduction

This document establishes the General Terms and Conditions for the use of the Esperar mobile application and the corresponding website, developed and operated by AEX Technology S.A.S. These Terms govern the relationship between AEX Technology and the platform users.

II. Purpose and Nature of the Service

Service Offered: Esperar is an application that facilitates interaction between users seeking transportation services, taxi companies with linked drivers, and zone operators who manage and commission services. AEX Technology acts solely as the provider of the technological platform and not as an intermediary or direct provider of the transportation service. The application ensures that drivers are qualified individuals without criminal records or significant traffic violations, providing safety and improving the service to end users.

The use of the platform does not imply any employment relationship between AEX Technology and the drivers, operators, or end users. Transportation services are provided exclusively by the drivers or taxi companies, who are responsible for complying with applicable legal and transportation regulations. The platform is available to adults only.

III. Application Use and Obligations

Registration and Access: To use Esperar, users must register and provide basic information such as their name and identification to create an account, specifically for drivers. Zone operators and taxi companies must also register updated information about their associated drivers. AEX Technology ensures that personal data will be processed in accordance with the current data protection regulations in Colombia.

User Responsibility: Users of Esperar agree to use the platform properly and in accordance with the law. It is forbidden to use it for illegal activities or those against public order.

Authorization for Database Inquiries: By accepting these terms and conditions, users, drivers, and operators expressly and voluntarily authorize AEX Technology to consult their personal information in national and international sanction databases, such as OFAC, Clinton lists, among others, to ensure compliance with applicable security and verification regulations. This consultation will only be conducted for purposes related to providing the service through the platform.

IV. Payments and Fees

Subscription Models: Esperar operates under a monthly subscription model depending on the type of user (taxi companies, drivers) and a fare payment model for trips for users. There are no refund or subscription cancellation policies. Payments must be made exclusively through the authorized payment methods available on the platform. If payment is not made within the specified period, access to the service may be suspended.

V. Responsibilities and Limitations

AEX Technology’s Responsibility: The company commits to ensuring the correct operation of the application. However, AEX Technology is not responsible for misuse of the platform or technical failures beyond its control, such as internet service issues or force majeure situations.

Liability Waiver: The user agrees that AEX Technology will not be responsible for damages or harm to third parties resulting from misuse of the application or transportation services provided by third parties.

VI. Data Protection and Privacy

AEX Technology will manage and protect users’ personal data in accordance with Law 1581 of 2012, ensuring its confidentiality and proper use. Users have the right to access, update, and correct their personal data at any time.

VII. Modifications and Updates

AEX Technology reserves the right to modify these Terms and Conditions, notifying users through regular communication channels.

VIII. Driver Security and Verification

AEX Technology will conduct background checks of drivers registered on the platform, including consultations with official databases to ensure that drivers meet the required safety standards.

IX. Information Use

Purpose of Data Use: The information collected through the platform will be used only for purposes related to providing the transportation service, user management, and optimizing the user experience on the application.

Data Sharing: AEX Technology may share data with third-party service providers, provided that this is necessary for the platform’s proper functioning.

X. User Rights and Obligations

User Rights:

Access the platform according to subscription plans.
Request the correction, updating, or deletion of their personal data at any time.
Receive customer support in case of technical issues with the platform.

User Obligations:

Provide truthful and updated information during the registration process and data updates.
Not use the platform to engage in illegal activities or infringe on the rights of third parties.
Immediately notify AEX Technology of any irregularities, loss, or theft of the account or personal information related to the use of the application.

XI. Dispute Resolution

Complaint Procedures: Any dispute or claim related to the use of the platform must be communicated in writing to AEX Technology for evaluation and resolution.

Mediation: If the parties do not reach an agreement through direct complaint, disputes may be submitted to a mediation process before taking legal action.

XII. Governing Law and Jurisdiction

These Terms and Conditions shall be governed by the laws of the Republic of Colombia. Any disputes arising in relation to these Terms and Conditions will be resolved before the competent courts in Colombia.

XIII. Intellectual Property

Platform Rights: AEX Technology S.A.S. is the exclusive owner of all intellectual property rights related to the Esperar application.

Unauthorized Use Prohibition: Users are strictly prohibited from copying, modifying, distributing, or commercially exploiting the application without authorization.

XIV. Account Suspension and Termination

Temporary Suspension: AEX Technology reserves the right to temporarily suspend access to the platform for any user who violates these Terms and Conditions.

Account Termination: The user’s account may be terminated for serious or repeated violations of these Terms.

XV. Platform Updates and Maintenance

Technical Modifications: AEX Technology reserves the right to make updates, improvements, or technical changes to the platform.

XVI. Geolocation Use

Geolocation Consent: Users authorize the use of geolocation features to provide transportation services through the platform.

XVII. Limitation of Liability on Third Parties

Third-Party Services: AEX Technology is not responsible for the quality or safety of transportation services provided by third parties.

Cookie Usage: The website and the Esperar application may use cookies to improve the user experience.

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