Terms & Conditions — User App

1. Introduction and Acceptance

These Terms and Conditions ("Terms") constitute a legally binding agreement between you ("User," "Passenger," or "you") and Transportbidder S.A.C. ("Transportbidder," "we," "us," or "our"), a company incorporated under the laws of the Republic of Peru, with registered address in Lima, Peru.

These Terms govern your use of the Transportbidder User mobile application (the "User App") available on Google Play Store and Apple App Store, and the website transportbidder.com (collectively, the "Platform").

By downloading, installing, creating an account, or using the User App, you agree to be bound by these Terms, our Privacy Policy, Fair Use Policy, and Community Guidelines. If you do not agree, you must not use our services.

2. Definitions

• "Platform" — The Transportbidder mobile apps (User App and Driver App), website, and all related backend services.
• "User" / "Passenger" — Any individual who registers and uses the User App to request transportation services.
• "Driver" / "Driver Partner" — Any individual who uses the Driver App to offer transportation services through the Platform.
• "Ride" — A transportation service from a pickup point to a drop-off point facilitated through the Platform.
• "Bid" — A price offer made by a User or Driver for a Ride.
• "Counter-Offer" — A revised price proposal made in response to a Bid.
• "Accepted Fare" — The final price agreed upon by both User and Driver through the bidding process.
• "Wallet" — The in-app digital balance system used for platform transactions.
• "OTP" — One-Time Password used for ride verification and account authentication.
• "SOAT" — Seguro Obligatorio de Accidentes de Tránsito (Mandatory Traffic Accident Insurance in Peru).

3. Eligibility

• You must be at least 18 years of age to use the User App.
• You must have the legal capacity to enter into binding agreements under Peruvian law.
• You must provide accurate, current, and complete registration information.
• You must have a valid email address for account verification and communication.
• You must not have been previously banned or suspended from the Platform.

By using the Platform, you represent and warrant that you meet all eligibility requirements.

4. Account Registration and Security

4.1 Registration

• You may register using email and password, or via Google Sign-In.
• Email registration requires OTP verification.
• You must provide your full legal name, phone number, date of birth, and gender.
• A profile photo (selfie) is required for identification purposes.

4.2 Account Security

• You are solely responsible for maintaining the confidentiality of your account credentials.
• You must notify us immediately at ayuda@transportbidder.com if you suspect unauthorized access.
• You are responsible for all activities that occur under your account.
• We are not liable for any loss arising from unauthorized use of your account.

4.3 One Account Policy

Each individual is permitted one (1) account only. Creating multiple accounts, using fake identities, or sharing accounts is prohibited and will result in immediate suspension of all associated accounts.

5. Nature of the Service

5.1 Platform Role

Transportbidder is a technology platform that connects Passengers with independent Driver Partners. We are NOT a transportation company, taxi service, or common carrier. We do not:

• Employ, supervise, or control Drivers
• Own, lease, or operate any vehicles
• Set or guarantee fares
• Guarantee the availability of Drivers
• Provide transportation services directly

5.2 Independent Contractors

Drivers are independent contractors, not employees, agents, or representatives of Transportbidder. The contractual relationship for the actual transportation service is between you (the Passenger) and the Driver. Transportbidder facilitates this connection but is not a party to the transport contract.

5.3 Bidding System

Our unique bidding system allows you to:

• Set your own desired price for a ride
• Receive bids from multiple Drivers
• Accept, reject, or counter-offer any bid
• Choose your preferred Driver based on price, rating, vehicle, and ETA

The Platform provides a fair price estimate as a reference, but this is not binding. The final fare is determined solely by the agreement between you and the Driver through the bidding process.

6. Ride Process

6.1 Requesting a Ride

1. Set your pickup location and drop-off destination
2. Select your preferred route (if multiple routes available)
3. Enter your offered fare amount
4. Select your payment method (Cash or Online)
5. Submit your ride request

6.2 Bidding Phase

• Your ride request is broadcast to available Drivers in your area
• Drivers may accept your offered fare, bid a different amount, or decline
• You may accept a Driver's bid, counter-offer, or wait for other bids
• Bids expire after 120 seconds if not acted upon
• Ride requests expire after 10 minutes if no bid is accepted

6.3 Ride Execution

• Once a bid is accepted, the Driver proceeds to your pickup location
• You must verify the Driver's identity, vehicle, and license plate before boarding
• The ride starts when the Driver enters your OTP verification code
• Real-time GPS tracking is active throughout the ride for safety
• The ride ends at the agreed drop-off destination

6.4 Cancellation

• You may cancel a ride at any time before the ride starts
• Repeated cancellations after Driver acceptance may result in warnings or temporary restrictions
• If a Driver cancels, you will be notified and can request a new ride immediately

7. Payments and Wallet

7.1 Payment Methods

• Cash: You pay the Driver directly in cash at the end of the ride. The Accepted Fare is the amount due.
• Online: Future feature — will support digital payment methods. Currently marked as "Coming Soon."

7.2 Pricing

• Transportbidder does NOT set, fix, or regulate fares
• The fare is determined by mutual agreement through the bidding process
• The fair price estimate shown in the app is for reference only and is not binding
• You are responsible for paying the full Accepted Fare to the Driver
• Refusing to pay the agreed fare after ride completion is a violation of these Terms

7.3 No Hidden Charges

There are no hidden platform fees charged to Passengers. The fare you agree to is the fare you pay. Platform fees are charged to Driver Partners only.

8. User Obligations

As a User, you agree to:

• Provide accurate and truthful information during registration and ride requests
• Be present at the pickup location at the agreed time
• Verify the Driver's identity and vehicle before boarding
• Share the ride OTP only with the verified Driver
• Treat Drivers with respect and dignity
• Comply with all applicable Peruvian laws during the ride
• Wear a seatbelt at all times during the ride
• Not request rides for illegal purposes or to transport prohibited items
• Pay the full Accepted Fare upon ride completion
• Provide honest ratings and feedback
• Keep the vehicle clean and not damage the Driver's property
• Not harass, threaten, discriminate against, or assault the Driver

9. Prohibited Conduct

The following actions are strictly prohibited and may result in immediate account suspension or permanent ban:

• Creating fake accounts or providing false identity information
• Manipulating the bidding system (collusion, artificial inflation/deflation)
• Using the Platform for any illegal activity
• Harassing, threatening, or physically harming Drivers or other users
• Discriminating against Drivers based on race, gender, religion, nationality, disability, or sexual orientation
• Requesting transport of illegal substances, weapons, or prohibited goods
• Deliberately providing false pickup/drop-off locations
• Refusing to pay the Accepted Fare
• Attempting to arrange off-platform payments to circumvent platform fees
• Reverse-engineering, decompiling, or tampering with the app's code
• Using automated systems (bots, scripts) to interact with the Platform
• Sharing your account credentials with third parties
• Filing fraudulent complaints or ratings against Drivers
• Attempting to extract personal data of Drivers beyond what is shown in the app

10. Ratings and Reviews

• After each ride, you may rate the Driver (1-5 stars) and provide written feedback
• Ratings must be honest, fair, and based on the actual ride experience
• Retaliatory, discriminatory, or fraudulent ratings are prohibited
• We reserve the right to remove ratings that violate our guidelines
• Your own rating as a User affects your visibility and priority in the matching system
• Consistently low ratings may result in account review

11. Safety

11.1 Our Safety Measures

• All Drivers undergo identity verification and document checks before approval
• Drivers must provide the Certificado Único Laboral (CUL) issued by Peru's Ministry of Labour, which includes their police, judicial and criminal records
• Valid SOAT (traffic accident insurance) is verified for all vehicles
• Real-time GPS tracking during all rides
• OTP verification system to confirm the correct Driver-Passenger match
• Ride sharing feature — share your live ride tracking link with trusted contacts
• In-app communication (chat and call) to avoid sharing personal phone numbers

11.2 Your Safety Responsibilities

• Always verify the Driver's identity, vehicle, and license plate before entering the vehicle
• Never share your OTP with anyone other than your matched Driver
• Use the ride sharing feature for added safety, especially for night rides
• Trust your instincts — if something feels unsafe, do not board the vehicle and cancel the ride
• Report any safety concerns immediately through the app or to safety@transportbidder.com

11.3 Emergency

In case of emergency during a ride, contact local emergency services (Peru: 105 for Police, 116 for Fire, 106 for Medical). Transportbidder is not an emergency service and should not be relied upon for emergency response.

12. Intellectual Property

• All content, software, design, logos, trademarks, and features of the Platform are the exclusive property of Transportbidder S.A.C. and are protected by Peruvian and international intellectual property laws.
• You are granted a limited, non-exclusive, non-transferable, revocable license to use the User App solely for personal, non-commercial transportation purposes.
• You may not copy, modify, distribute, sell, lease, reverse-engineer, or create derivative works of the Platform or any of its components.
• The Transportbidder name, logo, and brand identity may not be used without prior written consent.

13. Limitation of Liability

To the maximum extent permitted by Peruvian law (including Ley 29571):

• The Platform is provided on an "AS IS" and "AS AVAILABLE" basis without warranties of any kind, whether express, implied, or statutory.
• We do not warrant that the Platform will be uninterrupted, error-free, or available at all times.
• We are not liable for the acts, omissions, or conduct of Drivers, including but not limited to: accidents, injuries, property damage, delays, route deviations, or quality of service.
• We are not liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or use.
• Our total aggregate liability for any claims arising from or related to these Terms shall not exceed the total amount you have paid to Transportbidder (not to Drivers) in the twelve (12) months preceding the claim.
• Nothing in these Terms excludes liability for fraud, gross negligence, or death/personal injury caused by our own willful misconduct.

14. Indemnification

You agree to indemnify, defend, and hold harmless Transportbidder S.A.C., its directors, officers, employees, and agents from any claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising from:

• Your use of the Platform or any ride taken through the Platform
• Your violation of these Terms
• Your violation of any applicable law or third-party rights
• Any dispute between you and a Driver
• Your negligent or wrongful conduct

15. Account Suspension and Termination

15.1 By Transportbidder

We may suspend or terminate your account at our discretion if:

• You violate these Terms, our Fair Use Policy, or Community Guidelines
• You engage in prohibited conduct (Section 9)
• Your account shows fraudulent or suspicious activity
• You receive consistently poor ratings
• Required by law or legal authority

We will provide notice of suspension/termination via email unless immediate action is required for safety or legal reasons.

15.2 By You

You may close your account at any time by:

• Using the in-app account deletion feature (Settings > Delete Account)
• Visiting our account deletion page
• Emailing privacy@transportbidder.com

Account deletion is processed per our Privacy Policy.

16. Dispute Resolution

16.1 Ride Disputes

For disputes related to rides (fare disagreements, service quality, route issues):

1. Contact our support team at ayuda@transportbidder.com within 48 hours of the ride
2. Provide your ride ID, description of the issue, and any supporting evidence
3. We will investigate and respond within 5 business days

16.2 Formal Complaint (INDECOPI)

As a consumer in Peru, you have the right to file complaints with INDECOPI (Instituto Nacional de Defensa de la Competencia y de la Protección de la Propiedad Intelectual) if you believe your consumer rights have been violated. Contact: www.indecopi.gob.pe

16.3 Mediation and Arbitration

Any disputes that cannot be resolved through direct negotiation shall be submitted to:

1. Mediation: Good-faith mediation at a center recognized by the Ministry of Justice of Peru
2. Arbitration: If mediation fails within 30 days, binding arbitration administered by the Lima Chamber of Commerce Arbitration Center, under its applicable rules, conducted in Spanish, with the seat in Lima, Peru

This does not limit your right to file complaints with INDECOPI, ANPD, or other competent regulatory authorities.

17. Governing Law

These Terms are governed by and construed in accordance with the laws of the Republic of Peru. Any legal proceedings shall be brought exclusively in the courts of Lima, Peru, subject to the arbitration provisions in Section 16.

18. Modifications to Terms

• We may modify these Terms at any time by posting the revised version on our website and in the app.
• Material changes will be notified via in-app notification and/or email at least 15 days before taking effect.
• Your continued use of the Platform after the effective date of changes constitutes acceptance.
• If you do not agree with the modified Terms, you must stop using the Platform and delete your account.

19. General Provisions

• Severability: If any provision of these Terms is held invalid or unenforceable, the remaining provisions remain in full force.
• Waiver: Our failure to enforce any right or provision does not constitute a waiver of that right.
• Entire Agreement: These Terms, together with the Privacy Policy, Fair Use Policy, Community Guidelines, and any other policies referenced herein, constitute the entire agreement between you and Transportbidder.
• Assignment: You may not assign or transfer your rights under these Terms. We may assign our rights in connection with a merger, acquisition, or sale of assets.
• Force Majeure: We are not liable for delays or failures caused by events beyond our reasonable control (natural disasters, strikes, government actions, network failures, pandemics).
• Language: These Terms are available in English and Spanish. In case of discrepancy, the Spanish version shall prevail for legal proceedings in Peru.

20. Contact Information

• General Support: ayuda@transportbidder.com
• Legal/Terms: legal@transportbidder.com
• Safety: safety@transportbidder.com
• Privacy: privacy@transportbidder.com
• Website: transportbidder.com
• Address: Lima, Peru