Terms and Conditions

Terms and Conditions

DRIVERS – Terms and Conditions

Definitions

“We” or “Us” refers to Nekso Inc

“Nekso Platform” refers collectively to Nekso’s website, mobile application, and Services.

“Cost/Fare” means the amount paid by the Passenger to reimburse the Driver for the transportation service offered.

“Taxi Line” refers to the company that works directly with the Drivers offering the transportation service, and who enables Drivers so that they can make use of the Nekso App.

“Driver” refers to any User that has registered as a driver on the Nekso Platform.

“Transportation Service” refers to the transport service provided by a Driver of a Taxi Line to a Passenger in order to receive remuneration for it. Such transportation must have been provided through the Services.

“Passenger” refers to any User that has registered with the Nekso Platform for the purposes of arranging to receive a transportation service provided by the Driver of a Taxi Line.

“Service(s)” refers to any of the services provided by the Nekso Platform.

“Site” refers to the Nekso website located at www.nekso.io, and is one of the elements of the Nekso Platform.

“User” refers to any person who has downloaded the Nekso mobile application, or has registered with the Nekso Platform for the use or potential use of the Services. This term includes reference to both Drivers and Passengers.

“Vehicle” means the vehicle used by a Driver for the purpose of providing the Transportation Service to the Passenger.

NEKSO DRIVER TERMS AND CONDITIONS
USER AGREEMENT

The terms and conditions stated herein (as amended from time to time, the "Agreement") constitutes a legal agreement between you (“You” or “Driver”) and Nekso, Inc., a federal corporation in Canada, sometimes doing business as “Nekso” (collectively, “Nekso"). In order to use the Service and the associated Software you must agree to the terms and conditions that are set out below. Nekso provides its services (described below) to you through its website located at www.nekso.io (the “Site”) and through its mobile applications and related services (collectively, such services, including any new features and applications, and the Site, the “Service(s)”), subject to the following Driver terms and conditions. “Service” expressly does not include transportation services which are provided by you, as Driver. By using or receiving any services supplied to you by Nekso, and downloading, installing or using any associated software supplied by Nekso to use the Services (collectively, the "Software"), you expressly acknowledge and agree to be bound by the terms and conditions of this Agreement, and any future amendments and additions to this Agreement as published from time to time at or through the Services. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, PLEASE DO NOT USE, ACCESS OR REGISTER FOR THE SERVICES AND DO NOT DOWNLOAD, INSTALL OR USE THE ASSOCIATED SOFTWARE.

Right to Amend. Nekso reserves the right to modify the terms and conditions of this Agreement or its policies relating to the Services or Software at any time, effective upon posting of an updated version of this Agreement on the Site or Software. You are responsible for regularly reviewing this Agreement. Continued use of the Services or Software after any such changes shall constitute your consent to such changes. This Agreement may not be otherwise amended except in writing signed by you and Nekso.

By agreeing to these Terms and Conditions, you expressly consent, in compliance with Venezuela’s Legislation, to receiving electronic messages containing newsletters, surveys, promotions and special offers. If you do not want to receive such electronic messages, You will be given the option to opt out or change Your preferences.

DISCLAIMERS

The Services are designed to provide a communication platform to connect and match Passengers with Drivers belonging to a Taxi Line.

We provide the Nekso Platform and the Services on an "as is" basis and without any warranty or condition, express, implied or statutory. We do not guarantee and do not promise any specific results from use of the Nekso Platform and/or the Services. We specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. Some jurisdictions do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to You. This warranty gives You specific legal rights and You may also have other legal rights that vary from jurisdiction to jurisdiction. We do not warrant that your use of the Services will be accurate, complete, reliable, current, secure, uninterrupted, always available, or error-free, or will meet your requirements, that any defects in the Services will be corrected, or that the Services are free of viruses or other harmful components. We disclaim liability for, and no warranty is made with respect to, connectivity and availability. We cannot guarantee that each User is at least the required minimum age, nor do We accept responsibility or liability for any content, communication or other use or access of the Nekso Platform or the Services by persons under the required minimum age in violation of this Agreement. We are not responsible or liable in any manner for any content posted on the Nekso Platform or in connection with the Services, whether posted or caused by Users of the Nekso Platform, by Nekso, or by third parties associated with the Nekso Platform or the Services.

Although We provide rules for User conduct and postings, We do not control and are not responsible for what Users post, transmit or share on the Nekso Platform and are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content You may encounter on the Nekso Platform or in connection with any content. We are not responsible or liable in any manner for any harm caused by the acts or omissions of any User including before, after, or in the course of the provision of a Taxi Ride or other transportation services. Nekso is not responsible for the conduct, whether online or offline, of any user of the Nekso Platform or Services. It also is possible for others to obtain personal information about You due to your use of the Nekso Platform or the Services, and that the recipient may use such information to harass or injure You. We are not responsible for the use of any personal information that You disclose on the Nekso Platform or through the Services.

You are solely responsible for your interactions with other Users. We reserve the right, but have no obligation, to monitor disputes between You and other Users. Please carefully select the type of information that You post on the Nekso Platform or through the Services or release to others. We disclaim all liability, regardless of the form of action, for the acts or omissions of other participants or Users (including unauthorized users, or "hackers").

Nekso only offers a venue that enables Drivers belonging to a Taxi line and Passengers to match with each other. Nekso does not offer transportation services and Nekso is not a transportation company. We are not involved in the actual transportation provided by Drivers of a taxi line to Passengers. As a result, We have no control over the quality or safety of the transportation that occurs as a result of the Service; nor do We have any control over the truth or accuracy of the participants' information listed on the Nekso Platform. We cannot ensure that a Driver or Passenger is who he or she claims to be or that a Driver or a Passenger will actually complete an arranged service.

We reserve the right to change any and all content, software and other items used or contained in the Nekso Platform and the Services at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, and supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by Nekso or the Nekso Platform.

The Nekso Platform and the Services may be temporarily unavailable from time to time for maintenance or other reasons. Nekso assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, User communications. Nekso is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet, on the Nekso Platform, on any web site or any combination thereof, including injury or damage to User's or to any other person's computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with the Web and/or in connection with the Services.

DRIVER UNDERSTANDS AND ACKNOWLEDGES THAT (1) NEKSO DOES NOT PROVIDE ACTUAL TRANSPORTATION SERVICES (TAXI SERVICES) TO PASSENGERS, (2) NEKSO IS NOT A TRANSPORTATION CARRIER. IT IS UP TO THE DRIVER TO DECIDE WHETHER OR NOT TO OFFER A TRANSPORTATION SERVICE TO A PASSENGER CONTACTED THROUGH THE SERVICE, AND IT IS UP TO THE PASSENGER TO DECIDE WHETHER OR NOT TO ACCEPT A RIDE FROM ANY DRIVER CONTACTED THROUGH THE SERVICE. ANY DECISION BY A USER TO OFFER OR ACCEPT TRANSPORTATION ONCE SUCH USER IS CONNECTED THROUGH THE SERVICE IS A DECISION MADE IN SUCH USER’S SOLE DISCRETION. NEKSO OFFERS INFORMATION AND A METHOD TO CONNECT TAXI DRIVERS AND PASSENGERS WITH EACH OTHER, BUT DOES NOT PROVIDE AND DOES NOT INTEND TO PROVIDE TRANSPORTATION SERVICES OR ACT IN ANY MANNER AS A TRANSPORTATION CARRIER, AND HAS NO RESPONSIBILITY OR LIABILITY FOR ANY TRANSPORTATION SERVICES OBTAINED BY ANY PASSENGER OR PROVIDED BY ANY DRIVER USING THE SERVICES.

LICENSING

Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Nekso Platform for personal, noncommercial use only and as permitted by the features of the Service and applicable law, including but not limited to state/provincial rideshare and carpool exemptions. Nekso reserves all rights not expressly granted herein in the Service and the Nekso Content (as defined below). Nekso may terminate this license at any time for any reason.

REGISTRATION AND DRIVER INFORMATION

You may be required to register with Nekso to access and use certain features of the Services. You will be confirmed as a Driver in the Nekso platform by the Taxi Line you belong to. If you choose to register for the Services, you agree to provide and maintain true, accurate, current and complete information about yourself as prompted by the Service’s registration form. The Driver understands and accepts that his account in the Nekso platform can be cancel or refuse by the taxi line, if the requirements are not met. Registration data and certain other information about you are governed by our Privacy Policy.

You are the sole authorized User of your Nekso account. You may not authorize others to use your User status, and you may not assign or otherwise transfer your account to any other person or entity. You are responsible for maintaining the confidentiality of any password provided by you or Nekso for accessing the Services.

By accepting this Agreement, a Driver agrees that Nekso may obtain information about the Driver, including without limitation the Driver's driving record. A Driver hereby authorizes Nekso to perform a background check on Driver, and further agrees to provide any necessary authorization to facilitate Nekso’s access to the Driver's official driving record during the term of the Agreement.

USER CONDUCT


You are solely responsible for information, data, text, messages or other materials (“Content”) that you upload, post, publish or display (hereinafter, “Upload”) or email or otherwise use via the Service. Nekso reserves the right to investigate and take appropriate legal action against anyone who, in Nekso’s sole discretion, violates this provision, including without limitation, removing the offending content from the Service, suspending or terminating the account of such Users and reporting You to law enforcement authorities.

You agree to not use the Service to:

  • Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  • "Stalk" or otherwise harass any person;
  • Solicit personal information from anyone under the age of 18;
  • Harvest or collect email addresses or other contact information of other Users from the Service by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
  • Advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized;
  • Further or promote any criminal activity or enterprise or provide instructional information about illegal activities;
  • Obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Service; or
  • Email or otherwise Upload any content that (i) infringes any intellectual property or other proprietary rights of any party; (ii) you do not have a right to Upload under any law or under contractual or fiduciary relationships; (iii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (iv) poses or creates a privacy or security risk to any person; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation; (vi) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful racially, ethnically or otherwise objectionable; or (vii) in the sole judgment of Nekso, is objectionable, does or could restrict or inhibit any other person from using or enjoying the Service, or may expose Nekso or its Users to any harm or liability of any type; interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; or violate any applicable local, state, provincial, national or international law, or any regulations having the force of law.

Unless otherwise expressly authorized herein or in the Services, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or upload for any commercial purposes, any portion of the Services, use of the Services, or access to the Services.

DRIVER STATUS, REPRESENTATION, AND WARRANTIES

By entering into this agreement, you represent that you are a Driver, and that you belong to a Taxi Line registered in the Nekso platform. A Personal Driver is a driver operating his or her own personal vehicle to provide transportation to Passengers. A Driver that holds such authority but is operating under the terms of this agreement will not be deemed to be operating under the scope of such authority but, instead solely under the terms of this Agreement.

By using the Service, a Driver represents, warrants and agrees that:

  • Such Driver is at least 18 years of age.
  • Such Driver possesses a valid Driver license in the State, including country, where offering the transportation and is authorized to operate a motor vehicle and has all appropriate licenses, approvals and authority to provide transportation to third parties in all jurisdictions in which such Driver uses the Services.
  • Such Driver owns, or has the legal right to operate, the vehicle such Driver uses when accepting Passengers, and such vehicle is in good operating condition and meets industry safety standards and all applicable motor vehicle requirements imposed by the applicable governmental authority for a vehicle of its kind.
  • Such Driver is named or scheduled on the insurance policy covering the vehicle such Driver uses when accepting Passengers.
  • Such Driver has a valid policy of liability insurance in the Country using the services and all provinces or states that the Driver travels to (in coverage amounts consistent with all applicable legal requirements) for the operation of such Driver's vehicle to cover any anticipated losses related to such Driver's provision of rides to Passengers.
  • Such Driver will be solely responsible for any and all liability which results from or is alleged as a result of the operation of the vehicle such Driver uses to transport Passengers, including, but not limited to personal injury, death and property damage.
  • In the event of a motor vehicle accident such Driver will be solely responsible for compliance with any applicable statutory requirements, and for all contact with such Driver's insurance carrier.
  • Such Driver will comply with all applicable laws related to the matters set forth herein, and will be solely responsible for any violations of such applicable laws.
  • Such Driver will not make any representations regarding Nekso. The Driver shall not represent that they are an agent or representative of Nekso.
  • Such Driver has not been convicted of any criminal offense, in any jurisdiction, including but not limited to, fraud, sexual offenses, crimes involving property damage, theft, acts of violence or terror, reckless driving or driving with a suspended or revoked license, driving under the influence of drugs and/or alcohol or any other drug related offense.
  • Such Driver does not have more than two demerit points, or other comparable penalty, on his or her driving record.
  • Such Driver will not conduct any Rides on the property any airport unless such operations are authorized by the relevant airport authority.

  • Such Driver will only transport Passengers on a pre-arranged basis through the Services. A Ride is considered pre-arranged if the Ride is solicited and accepted through the Services before the Ride commences.
  • Such Driver will adhere to Nekso’s zero tolerance intoxicating substance policy set out below.

  • Such Driver authorizes Nekso to obtain the Driver’s driving records prior to begin using the Services, and quarterly thereafter.
  • Such Driver authorizes Nekso to run a criminal background check (using two (2) pieces of identification, one of which must be government-issued and include the Driver’s name, date of birth, signature and photo of the Driver), that will include national and provincial databases and the national sex offender database, before beginning use of the Services.
  • Such Driver understands that Nekso may utilize an outside firm or firms to run the criminal background and driving record checks, and specifically authorizes such firm or firms to conduct such background checks on behalf Nekso.
  • Such Driver will not discriminate or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation.
DRIVER MUST MAINTAIN OWN INSURANCE

The Driver agrees and undertakes to maintain insurance to cover the Ride and any car sharing offered or booked through the Nekso Platform. The Driver agrees that they will, on request, provide the Passenger with evidence, in advance of the Ride, of the complete validity of its insurance policy. The Driver also undertakes to hold a valid driver’s license and that the Driver will own or will be entitled to use the Vehicle and the Passenger is entitled to request evidence of the Driver’s insurance and driver’s license at any time up to completion of the Ride.

Nekso gives no warranty or assurance with regard to the validity of a Driver’s insurance or the application of a Driver’s insurance policy to a Ride. It is the Driver’s responsibility to verify that their insurance provides adequate coverage for all activities associated with the Driver’s use of the Services, including providing Rides to Passengers. It is the sole responsibility of each Driver and Passenger to confirm with each other that the Driver maintains valid insurance. The Driver represents that their insurance policy allows them to carry Passengers and that their insurance policy covers all Passengers and any accident or incident which may occur during a Ride.

The Driver shall not collect any payments from the Passenger other than the Cost Contribution/Fare for the transportation service. In the event that a Driver’s insurer repudiates or refuses to accept any claim arising during a Ride for any reason, the Driver will be responsible for all financial consequences, losses and damages of any kind arising and Nekso will not be liable in any circumstances to the Driver, the Passenger or any third party in connection with a Ride provided by a Driver to a Passenger. A “Cross-Border Ride” means any Ride that includes any travel outside of the state or province. If a booking is made for a Cross-Border Ride, Drivers must ensure that their insurance covers travel outside of the province.

PAYMENT

Taxi Lines and Drivers are in charge of providing the Transportation Services. While Nekso only provides a specialized platform in order to optimize the request of transportation services without creating any employee relationship with the Driver (Taxi driver), nor with the taxi line, nor the passenger. Nekso and Taxi Lines will fix an Estimated Cost/Fare for transport services by the Provider of Transportation (Taxi Lines and Drivers) on the website and through the Nekso App. Nekso may modify or update them occasionally.

Terms of Payment and Fees

Fees and Charges: For each Ride conducted, the Nekso Platform requires destination and pick up information of the Passenger. The Platform will display ride fees, representing the Cost Contribution, for that specific ride, incorporating such factors as distance, duration, time of day and location. The Cost Contribution may include fees for toll roads, airports, or bridge tolls. The Driver establishes the Final Fare of the service; the Fare can be modified by the Driver but up to a specific amount. Users understand that the use of the Services may result in charges to You for the transport service received from a Driver. All payments made by Passengers to Nekso shall only be made through the Nekso Platform. Passengers will not pay any Cost contribution to Nekso for providing the Services obtained through the Nekso Platform. However, after you have received the Services, Nekso will facilitate all payments of the Cost Contribution arising from the transportation service received from a Driver through a third party payment processing service, and will deposit the Cost Contribution into an account designated by Driver. Therefore, Passengers will have to payment methods, in cash or through the Nekso Platform using their Credit Cards.

Payment facilitate: All payments of the Cost Contribution for the transport service are due immediately and payment will be facilitated and process by MercadoPago in the Nekso platform. MercadoPago is the third party payment processing service.

Payment Processing: If a Passenger chooses to pay the Cost Contribution by Credit Card, Nekso will facilitate it through MercadoPago. Passengers acknowledge and accept that by paying with Credit Card, they will be charged a percentage for Electronic Service. Drivers must link their MercadoPago account in the Nekso platform. Drivers expressly agree to use MercadoPago as the third party processing service for facilitating all payments of the Cost Contribution through the Nekso app. Drivers expressly consent Nekso to manage the payment of the Cost Contribution on their behalf. Payment of the Cost Contribution in such manner shall be considered the same as payment made directly by Passengers to Drivers. Users acknowledge and agree that Nekso will process all payments made by Credit Card in the Nekso Platform through MercadoPago. Users, Passengers and Drivers, have read, understood and agreed the Terms of Service of MercadoPago.

If the Passenger choose to pay with credit card as the preferred payment method in the Nekso platform, Passenger understands that the registration form with the credit card´s information must be completed (in case there´s no credit card saved in the Nekso Platform). Payment will be processed by MercadoPago, and if the payment was approved, both Users will receive a confirmation message and Nekso will send a receipt. If the payment by credit card failed, then the Passenger must pay in cash.

Passenger understands that the Credit card information will not be stored in Nekso´s servers, but managed through MercadoPago.

Refunds: The full amount of the Cost Contribution is charged immediately following completion of the Ride to the Passenger´s authorized credit card and transferred to such Driver´s account in MercadoPago. All payments made are non-refundable unless otherwise stated, as set out in the Terms and Conditions of MercadoPago.

ELIGIBILITY

You may use the Nekso Platform only if you can form a binding contract with Nekso, and only in compliance with this Agreement and all applicable municipal, provincial, federal and international laws, rules and regulations. Any use or access to the Nekso Platform by anyone under 18 is prohibited and in violation of this Agreement. The Nekso Platform is not available to or authorized for use by any Users previously removed from the Nekso Platform by Nekso, any Users or persons acting on behalf of an organization or entity and not in his or her personal or individual capacity, or any Users accessing the Nekso Platform for any purpose other than to seek to participate in an actual ride for personal purposes, unless specifically authorized by Nekso (collectively “Unauthorized Users”). Unauthorized Users are strictly prohibited from accessing or attempting to access, directly or indirectly, the Nekso Platform. Any such unauthorized use is strictly forbidden.

RELATIONSHIP WITH THIRD PARTIES

The Services may be made available or accessed in connection with third party services and content (including advertising) that Nekso does not control. You acknowledge that different terms of use and privacy policies may apply to your use of such third party services and content. Nekso does not endorse such third party services and content and in no event shall Nekso be responsible or liable for any products or services of such third party providers. Additionally, Apple Inc., Google, Inc., Microsoft Corporation or BlackBerry Limited will be a third-party beneficiary to this contract if you access the Services using Applications developed for Apple iOS, Android, Microsoft Windows, or Blackberry-powered mobile devices, respectively. These third party beneficiaries are not parties to this contract and are not responsible for the provision or support of the Services in any manner. Your access to the Services using these devices is subject to terms set forth in the applicable third party beneficiary's terms of service.

INDEMNITY

You agree to defend, indemnify and hold harmless Nekso and its subsidiaries, agents, licensors, affiliates, employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including reasonable legal fees) arising from: (i) your use of and access to the Nekso Platform, the Site or the Services including any data or content transmitted or received by you; (ii) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy or intellectual property rights; (iv) your violation of any applicable law, rule or regulation; (v) any claim or damages that arise as a result of any of your User Content or any that is submitted via your account; (vi) any other party’s access and use of the Service with your unique username, password or other appropriate security code; or (vii) any and all claims or damages (alleged or actual) that arise as a result of a Ride that you provide as a Driver or a Ride that you take as a Passenger.

RELEASE

In the event that You have a dispute with one or more Users, You agree to release Nekso (and Nekso’s officers, directors, agents, subsidiaries, joint venturers, employees, and contractors) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected to such disputes with other Users or to Your use of the Nekso Platform or the Services.

No Warranties or Representations

THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON- INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM NEKSO OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN, INCLUDING WITH RESPECT TO DRIVER OR PASSENGER SAFETY. WITHOUT LIMITING THE FOREGOING, NEKSO, ITS SUBSIDIARIES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICE.

NEKSO DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY RIDE YOU REQUEST OR PROVIDE THROUGH THE NEKSO PLATFORM, NOR DOES NEKSO WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PROPERTY DAMAGE, INCLUDING TO YOUR VEHICLE, PERSONAL INJURY, UP TO AND INCLUDING DEATH, THAT OCCURS AS A RESULT OF THE RIDE OR YOUR USE OF THE SERVICE.

NO WARRANTY OR GUARANTEE PROVIDED AS TO DRIVER SAFETY. Nekso has no responsibility whatsoever for the actions or conduct of Drivers or Passengers. Nekso has no obligation to intervene in or be involved in any way in disputes that may arise between Drivers, Passengers, or third parties. Responsibility for the decisions you make regarding providing transportation rest solely with you. It is up to you to take reasonable precautions in all actions and interactions with any party you may interact with through use of the services. Nekso may but has no responsibility to screen or otherwise evaluate potential Passengers or Users. You understand and accept that Nekso has no control over the identity or actions of the Passengers and Drivers, and Nekso requests that you exercise caution and good judgment when using the services. You hereby agree that your use of the Services is at your sole risk.

LIMITATION ON LIABILITY

IN NO EVENT WILL WE AND OUR AFFILIATES, SHAREHOLDERS, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS OR OUR SUPPLIERS, BE LIABLE TO YOU FOR ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR DELETION, CORRUPTION, LOSS OF DATA, LOSS OF PROGRAMS, FAILURE TO STORE ANY INFORMATION OR OTHER CONTENT MAINTAINED OR TRANSMITTED BY OUR SERVICES, SERVICE INTERRUPTIONS, OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES) ARISING OUT OF OR IN CONNECTION WITH THE NEKSO PLATFORM, OUR SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE) EVEN IF WE OR OUR AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WE DO NOT SCREEN THE USERS USING THE SERVICES IN ANY WAY. AS A RESULT, WE EXPRESSLY DISCLAIM ANY LIABILITY FOR ANY DAMAGES, WHETHER DIRECT, INDIRECT, INCIDENTAL AND/OR CONSEQUENTIAL, ARISING OUT OF THE USE OF NEKSO OR THE SERVICES, INCLUDING, WITHOUT LIMITATION, TO DAMAGES ARISING OUT OF COMMUNICATING AND/OR MEETING WITH OTHER USERS OF THE NEKSO PLATFORM OR THE SERVICES, OR INTRODUCED TO YOU VIA THE NEKSO PLATFORM OR THE SERVICES. SUCH DAMAGES INCLUDE, WITHOUT LIMITATION, PHYSICAL DAMAGES, BODILY INJURY, DEATH AND OR EMOTIONAL DISTRESS AND DISCOMFORT. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY, AND THE LIABILITY OF OUR AFFILIATES, SHAREHOLDERS, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO 7.000,00 Bs.F. CERTAIN LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

Nekso has no responsibility whatsoever for the actions or conduct of Drivers or Passengers. Nekso has no obligation to intervene in or be involved in any way in disputes that may arise between Drivers, Passengers, or third parties. Responsibility for the decisions you make regarding providing or accepting transportation rest solely with You. It is each passenger and driver's responsibility to take reasonable precautions in all actions and interactions with any party they may interact with through use of the services. Nekso may but has no responsibility to screen or otherwise evaluate potential Passengers or users. Users understand and accept that Nekso has no control over the identity or actions of the Passengers and Drivers, and Nekso requests that users exercise caution and good judgment when using the services. Drivers and Passengers use the services at their own risk.

Please keep in mind that the Internet is like a big city with all kinds of people in it. Don't travel with someone you don't trust. By using this service you agree that Nekso, partner organizations and individuals including organizers or sponsors of carpool groups, and related persons are not responsible for your safety, comfort, or successful travel arrangements, or for your belongings, or for any other liability with regard to your use of this website.

Nekso , at its own distention, may take reasonable steps to background check its Drivers using a third party background check service, reviewing a drivers’ motor vehicle record, reviewing proof of automobile insurance, and reviewing for a valid driver’s license. This is however, is not to be deemed a warranty or guarantee, either express or implied, for the safety of a ride, the reliability of a driver, a ride or the driver’s vehicle, or for anything else, and Nekso expressly disclaims all warranties as to any Drivers and Passengers. A User should take all reasonable steps in determining whether to accept a ride from a Driver or give a ride to a Passenger.

Nekso is not responsible for any damages (including personal injury, death, property damage, lost time or wages, and the like) resulting from or related to a ride facilitated by the Services, or for resolving any disputes between You and another user. You hereby agree that Your use of the Services is at your sole risk.

NO LIABILITY FOR ONLINE CONTENT

Opinions, advice, statements, offers, or other information or content made available through the Services, but not directly by Nekso, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. Nekso does not guarantee the accuracy, completeness, or usefulness of any information on the Services and Nekso does not adopt, endorse or accept any responsibility for the accuracy or reliability of any opinion, advice, or statement made by parties other than those made by Nekso. Under no circumstances will Nekso be responsible for any loss or damage resulting from anyone's reliance on information or other content posted on the Services, or transmitted to participants. Nekso reserves the right, but Nekso has no obligation, to monitor the materials posted in the public areas of the Services. Notwithstanding this right, You remain solely responsible for the content of the photos, profiles (including Your name, image, and likeness), messages, notes, text, information, music, video, advertisements, listings, and other content (the "Content") that You post in the public areas of the Services and in Your private e-mail messages. Nekso shall have the right to remove any such material that in Nekso’s sole opinion violates, or is alleged to violate, the law or this agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Users or others. E-mails sent between You and other Users that are not readily accessible to the general public will be treated by Nekso as private to the extent required by applicable law.

NO AGENCY

By agreeing to use our service, you agree that you are not an employee or independent contractor of Nekso, and no agency, partnership, joint venture, or franchisor-franchisee relationship is intended or created by this Agreement.

DRIVERS ARE NOT NEKSO EMPLOYEES OR INDEPENDENT CONTRACTORS. DRIVERS VOLUNTARILY USE OUR MOBILE PLATFORM TO BE MATCHED WITH PASSENGERS. IT IS UP TO THE DRIVER TO DECIDE WHEN HE OR SHE WISHES TO DRIVE USING THE NEKSO APP, WHETHER OR NOT TO OFFER A RIDE TO A PASSENGER CONTACTED THROUGH THE NEKSO PLATFORM, THE ROUTE THEY WILL TAKE, AND WHAT PRICING ADJUSTMENT THE DRIVER WISHES TO SET. A PASSENGER DECIDES WHETHER OR NOT TO ACCEPT A RIDE FROM ANY DRIVER CONTACTED THROUGH THE NEKSO PLATFORM. ANY DECISION BY A USER TO OFFER OR ACCEPT TRANSPORTATION ONCE SUCH USER IS MATCHED THROUGH THE NEKSO PLATFORM IS A DECISION MADE IN SUCH USER’S SOLE DISCRETION. NEKSO OFFERS A CONVENIENT TECHNOLOGY ENABLED METHOD TO CONNECT DRIVERS AND PASSENGERS HEADING IN THE SAME DIRECTION WITH EACH OTHER THROUGH OUR TECHNOLOGY PLATFORM.

PRIVACY STATEMENTS

Nekso cares about Your privacy, and has a detailed and thorough Privacy Policy in place. We strongly recommend that you take the team to read over the Privacy Policy carefully. You should know that by agreeing to this Agreement, you explicitly express that you have read the Privacy Policy and consent and agree to the terms contained therein.

Nekso cares about Your privacy, and has a detailed and thorough Privacy Policy in place. We strongly recommend that you take the team to read over the Privacy Policy carefully. You should know that by agreeing to this Agreement, you explicitly express that you have read the Privacy Policy and consent and agree to the terms contained therein.

Users may see each other’s pick-up and drop-off locations, estimated time of arrival, Driver ratings, Driver’s profile, and vehicle information, either in person or on the Software. Users who post Rides specifically consent to this information being disclosed to the other.

Use of Google Services: Nekso’s technology incorporates certain software provided by Google (namely, the Maps API). In agreeing to this Agreement, all Users also agree to Google's current Terms of Use.

Nekso cares about the integrity and security of your personal information. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.

YOUR INFORMATION

Your Information is any information, including photos, You provide, publish or display ("Post") to the Nekso Platform or send to other Users in the registration or in any public message area (including, but not limited to the feedback section) or through any email feature ("Your Information"). Your Information will be stored on computers. You consent to Us using Your Information to create a User account that will allow You to participate in the Services. You are solely responsible for Your Information and Your interactions with other people in the public, and We act only as a passive conduit for Your online posting of Your Information. When You use the Nekso Platform, You agree to provide accurate, current and complete information as prompted by Our registration form and to maintain and timely update Your Information to keep it accurate, current and complete at all times during the Term of the Agreement. You agree that We may rely on Your Information as accurate, current and complete. You acknowledge that if Your Information is untrue, inaccurate, not current or incomplete in any respect, We have the right to terminate this Agreement and Your use of the Services.

ZERO TOLERANCE
 POLICY

NEKSO HAS A ZERO TOLERANCE POLICY FOR THE USE OF ALCOHOL, ILLEGAL SUBSTANCES, OR THE MISUSE OF PRESCRIPTION MEDICATIONS WHILE USING NEKSO’S SERVICES. Nekso will suspend Services to the Driver and reserves the right to terminate this Agreement after a complaint is filed by a Passenger.

ANTI-DISCRIMINATION

NEKSO HAS AN ANTI DISCRIMINATION POLICY. USERS ARE PROHIBITED FROM MAKING ANY NEGATIVE RATING, CONDUCT OR SPEECH ON THE BASIS OF OR INFLUENCED BY GENDER, RACE, ETHNICITY, ABILITY, DISABILITY, SEXUAL ORIENTATION, AGE, OR OTHER IMPERMISSIBLE CATEGORY UNDER APPLICABLE LAW. Users agree to report to Nekso promptly any discrimination related complaint by calling Nekso’s Customer Support line +58 (412) 125-8259 o +58 (261) 7935007, and emailing us at soporte@nekso.io. Users may be deactivated from the Nekso Platform for discriminatory behavior.

SUSPENSION

Nekso will suspend the provision of its Services to Driver at any time and for any length of time and reserves the right to terminate this agreement in the following events: (1) the Driver is accused of a criminal offense, including but not limited to, hit and run driving, the use of a motor vehicle to commit a crime, driving under the influence of drugs and/or alcohol, or any other criminal offense, including but not limited to fraud, sexual offenses, drug related offenses, crimes involving property damage, and/or theft, acts of violence, or acts of terror; (2) the Driver is accused of reckless driving or driving with a suspended or revoked license;; (3) a zero-tolerance policy complaint against the Driver is filed by a Passenger; and/or (4) a discrimination complaint against the Driver is filed.

TERMINATION

This Agreement is effective upon your use of Nekso’s Services, and any subsequent amendments to this Agreement will be effective upon the posting of an updated version of this Agreement on the Services. You may terminate your participation in Nekso’s Services at any time, for any reason, upon receipt by Nekso of your written or email notice of termination. Either you or Nekso may terminate your participation in Nekso’s Software or Services by removing your information at any time, for any or no reason, without explanation, effective upon sending written or email notice to the other party. Upon such termination, Nekso will remove all of your information from its servers, though Nekso may retain an archived copy of records Nekso has about you as required by law or for legitimate business purposes. Nekso maintains sole discretion to bar your use of the Services in the future, for any or no reason. Even after your participation in Nekso’s Services is terminated, this Agreement will remain in effect.

Without limiting any other remedies available to Nekso at law or otherwise, Nekso may terminate your participation, remove your information, warn the Nekso community of your actions, issue a warning, and refuse to provide Services to you if: (1) you breach this Agreement or the documents it incorporates by reference; (2) Nekso is unable to verify or authenticate any information you provide to Nekso; (3) Nekso believes that your actions may cause financial loss or legal liability for you, Nekso’s Users or Nekso, or subject Nekso or you or any other User to regulation by any state, provincial or local government or regulatory agency; or (4) Nekso suspects that you have engaged in fraudulent activity in connection with the Nekso’s Software or the Services.

ENTIRE AGREEMENT/SEVERABILITY

This Agreement, together with the Privacy Policy, any documents incorporated by reference and any amendments and any additional agreements you may enter into with Nekso in connection with the Services, shall constitute the entire agreement between you and Nekso concerning the Services. If a court of competent jurisdiction deems any provision of this Agreement invalid, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.

DRIVER AND PASSENGER OBLIGATIONS

If the Driver fail to comply with any of the terms of this Agreement, Nekso reserves the right to keep information relating to the breach, to publish or disclose this information on the User’s online profile and to suspend or withdraw the User’s access to the Services.

GOVERNING LAW

This Agreement shall be governed by the laws of Venezuela applicable therein, without respect to its conflict of laws principles. You agree to submit to the personal jurisdiction of the federal and provincial courts located in Maracaibo, Zulia for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, as set forth in the Arbitration provision below.

DISPUTES

Nekso has no responsibility whatsoever for the actions or conduct of Drivers or Passengers. Nekso has no obligation to intervene in or be involved in any way in disputes that may arise between Drivers, Passengers, or third parties. Responsibility for the decisions you make regarding providing or accepting transportation rest solely with You.

ARBITRATION

For any dispute with Nekso, you agree to first contact us by calling Nekso’s Customer Support line at +58 (412) 125-8259 o +58 (261) 7935007 and emailing us at soporte@nekso.io, and attempt to resolve the dispute with us informally. If the matter is not resolved, any disputes or claims in connection with or arising out of this Agreement, its negotiation, breach, existence, validity or termination will be referred to and finally determined by arbitration, from which there will be no appeal, before a single arbitrator in Toronto in accordance with the provisions of the Arbitration Act (Venezuela). For greater certainty, the application of article 15-34 is expressly excluded. Liability for costs will be decided through the arbitration process. The award rendered by the arbitrator shall include costs of arbitration, reasonable legal fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of that party’s data security, intellectual property rights, or other proprietary rights. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS USER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND NEKSO ARE EACH WAIVING THE RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION.

PASSENGERS – Terms and Conditions

Definitions

“We” or “Us” refers to Nekso Inc

“Nekso Platform” refers collectively to Nekso’s website, mobile application, and Services.

“Cost/Fare” means the amount paid by the Passenger to reimburse the Driver for the transportation service offered.

“Taxi Line” refers to the company that works directly with the Drivers offering the transportation service, and who enables Drivers so that they can make use of the Nekso App.

“Driver” refers to any User that has registered as a driver on the Nekso Platform.

“Transportation Service” refers to the transport service provided by a Driver of a Taxi Line to a Passenger in order to receive remuneration for it. Such transportation must have been provided through the Services.

“Passenger” refers to any User that has registered with the Nekso Platform for the purposes of arranging to receive a transportation service provided by the Driver of a Taxi Line.

“Service(s)” refers to any of the services provided by the Nekso Platform.

“Site” refers to the Nekso website located at www.nekso.io, and is one of the elements of the Nekso Platform.

“User” refers to any person who has downloaded the Nekso mobile application, or has registered with the Nekso Platform for the use or potential use of the Services. This term includes reference to both Drivers and Passengers.

“Vehicle” means the vehicle used by a Driver for the purpose of providing the Transportation Service to the Passenger.

NEKSO PASSENGER TERMS AND CONDITIONS
USER AGREEMENT

The terms and conditions stated herein (as amended from time to time, the "Agreement") constitutes a legal agreement between you (“You” or “Passenger”) and Nekso, Inc., a federal corporation in Canada, sometimes doing business as “Nekso” (collectively, “Nekso"). In order to use the Service and the associated Software you must agree to the terms and conditions that are set out below. Nekso provides its services (described below) to you through its website located at www.nekso.io (the “Site”) and through its mobile applications and related services (collectively, such services, including any new features and applications, and the Site, the “Service(s)”), subject to the following Driver terms and conditions. “Service” expressly does not include transportation services which are provided by you, as Passenger. By using or receiving any services supplied to you by Nekso, and downloading, installing or using any associated software supplied by Nekso to use the Services (collectively, the "Software"), you expressly acknowledge and agree to be bound by the terms and conditions of this Agreement, and any future amendments and additions to this Agreement as published from time to time at or through the Services. “Services” expressly excludes any and all Rides and associated transportation services which are provided by Drivers.

IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, PLEASE DO NOT USE, ACCESS NEKSO OR REGISTER FOR THE SERVICES PROVIDED ON THE NEKSO PLATFORM AND DO NOT DOWNLOAD, INSTALL OR USE THE ASSOCIATED SOFTWARE.

Nekso does not provide any transportation services. Nekso is not a transportation company. Nekso provides information and a method for these transport services from third parties, but does not perform and is not intended to provide transportation services or act in any way as a transportation company, and has no liability or obligation that is generated by any services provided to you by third parties or Drivers. The Site is a communications platform for Users to transact with one another. Nekso does not schedule or interfere with Rides, destinations or timing. The contract for the provision of transport service is solely between the Driver and the Passenger. Nekso is not a party to any such contract or transaction between Users, nor is Nekso liable in respect of any booking between Users or any death, personal injury or property damage arising out of any act or omission by any User. Nekso is not and will not act as an agent for any User.

RIGHT TO AMEND

Nekso reserves the right to modify the terms and conditions of this Agreement or its policies relating to the Services, Software or Nekso Platform at any time, effective upon posting of an updated version of this Agreement on Site or Software. You are responsible for regularly reviewing this Agreement. Continued use of the Services or Software after any such changes shall constitute your consent to such changes.

DISCLAIMERS

The Services are designed to provide a communication platform to connect and match Passengers with Drivers belonging to a Taxi Line.

We provide the Nekso Platform and the Services on an "as is" basis and without any warranty or condition, express, implied or statutory. We do not guarantee and do not promise any specific results from use of the Nekso Platform and/or the Services. We specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. Some jurisdictions do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to You. This warranty gives You specific legal rights and You may also have other legal rights that vary from jurisdiction to jurisdiction. We do not warrant that your use of the Services will be accurate, complete, reliable, current, secure, uninterrupted, always available, or error-free, or will meet your requirements, that any defects in the Services will be corrected, or that the Services are free of viruses or other harmful components. We disclaim liability for, and no warranty is made with respect to, connectivity and availability. We cannot guarantee that each User is at least the required minimum age, nor do We accept responsibility or liability for any content, communication or other use or access of the Nekso Platform or the Services by persons under the required minimum age in violation of this Agreement. We are not responsible or liable in any manner for any content posted on the Nekso Platform or in connection with the Services, whether posted or caused by Users of the Nekso Platform, by Nekso, or by third parties associated with the Nekso Platform or the Services.

Although We provide rules for User conduct and postings, We do not control and are not responsible for what Users post, transmit or share on the Nekso Platform and are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content You may encounter on the Nekso Platform or in connection with any content. We are not responsible or liable in any manner for any harm caused by the acts or omissions of any User including before, after, or in the course of the provision of a Taxi Ride or other transportation services. Nekso is not responsible for the conduct, whether online or offline, of any user of the Nekso Platform or Services. It also is possible for others to obtain personal information about You due to your use of the Nekso Platform or the Services, and that the recipient may use such information to harass or injure You. We are not responsible for the use of any personal information that You disclose on the Nekso Platform or through the Services.

You are solely responsible for your interactions with other Users. We reserve the right, but have no obligation, to monitor disputes between You and other Users. Please carefully select the type of information that You post on the Nekso Platform or through the Services or release to others. We disclaim all liability, regardless of the form of action, for the acts or omissions of other participants or Users (including unauthorized users, or "hackers").

Nekso only offers a venue that enables Drivers belonging to a Taxi line and Passengers to match with each other. Nekso does not offer transportation services and Nekso is not a transportation company. We are not involved in the actual transportation provided by Drivers of a taxi line to Passengers. As a result, We have no control over the quality or safety of the transportation that occurs as a result of the Service; nor do We have any control over the truth or accuracy of the participants' information listed on the BlancRide Platform. We cannot ensure that a Driver or Passenger is who he or she claims to be or that a Driver or a Passenger will actually complete an arranged service.

We reserve the right to change any and all content, software and other items used or contained in the Nekso Platform and the Services at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, and supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by Nekso or the Nekso Platform.

The Nekso Platform and the Services may be temporarily unavailable from time to time for maintenance or other reasons. Nekso assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, User communications. Nekso is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet, on the Nekso Platform, on any web site or any combination thereof, including injury or damage to User's or to any other person's computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with the Web and/or in connection with the Services.

PASSENGER UNDERSTANDS AND ACKNOWLEDGES THAT (1) NEKSO DOES NOT PROVIDE ACTUAL TRANSPORTATION SERVICES (TAXI SERVICES) TO PASSENGERS, (2) NEKSO IS NOT A TRANSPORTATION CARRIER. IT IS UP TO THE DRIVER TO DECIDE WHETHER OR NOT TO OFFER A TRANSPORTATION SERVICE TO A PASSENGER CONTACTED THROUGH THE SERVICE, AND IT IS UP TO THE PASSENGER TO DECIDE WHETHER OR NOT TO ACCEPT A RIDE FROM ANY DRIVER CONTACTED THROUGH THE SERVICE. ANY DECISION BY A USER TO OFFER OR ACCEPT TRANSPORTATION ONCE SUCH USER IS CONNECTED THROUGH THE SERVICE IS A DECISION MADE IN SUCH USER’S SOLE DISCRETION. NEKSO OFFERS INFORMATION AND A METHOD TO CONNECT TAXI DRIVERS AND PASSENGERS WITH EACH OTHER, BUT DOES NOT PROVIDE AND DOES NOT INTEND TO PROVIDE TRANSPORTATION SERVICES OR ACT IN ANY MANNER AS A TRANSPORTATION CARRIER, AND HAS NO RESPONSIBILITY OR LIABILITY FOR ANY TRANSPORTATION SERVICES OBTAINED BY ANY PASSENGER OR PROVIDED BY ANY DRIVER USING THE SERVICES.

USER CONDUCT

You are solely responsible for information, data, text, messages or other materials (“Content”) that you upload, post, publish or display (hereinafter, “Upload”) or email or otherwise use via the Service. Nekso reserves the right to investigate and take appropriate legal action against anyone who, in Nekso’s sole discretion, violates this provision, including without limitation, removing the offending content from the Service, suspending or terminating the account of such Users and reporting You to law enforcement authorities.

You agree to not use the Service to:

  • Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  • "Stalk" or otherwise harass any person;
  • Solicit personal information from anyone under the age of 18;
  • Harvest or collect email addresses or other contact information of other Users from the Service by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
  • Advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized;
  • Further or promote any criminal activity or enterprise or provide instructional information about illegal activities;
  • Obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Service; or
  • Email or otherwise Upload any content that (i) infringes any intellectual property or other proprietary rights of any party; (ii) you do not have a right to Upload under any law or under contractual or fiduciary relationships; (iii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (iv) poses or creates a privacy or security risk to any person; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation; (vi) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful racially, ethnically or otherwise objectionable; or (vii) in the sole judgment of Nekso, is objectionable, does or could restrict or inhibit any other person from using or enjoying the Service, or may expose Nekso or its Users to any harm or liability of any type; interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; or violate any applicable local, state, provincial, national or international law, or any regulations having the force of law.

Unless otherwise expressly authorized herein or in the Services, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or upload for any commercial purposes, any portion of the Services, use of the Services, or access to the Services.

You agree that You will use the Services in a manner consistent with any and all applicable laws and regulations. We reserve the right, but are not obligated to investigate and terminate your participation in the Nekso Platform if You have misused the Nekso Platform or the Services, or behaved in a way which could be regarded as inappropriate or whose conduct is unlawful or illegal.

INSURANCE

Nekso is not responsible for maintaining valid car or other insurance of Drivers. The responsibility for obtaining and maintaining valid insurance falls solely with the Driver. Riders use the platform at their own risk. The Rider shall not hold Nekso liable for improper insurance coverage or lack thereof.

Nekso is not responsible for personal belongings left in the car by a Rider and the loss of these items may not be covered under the Driver’s insurance policy. It is the responsibility of the Rider to ensure they remove all personal belongings from the car after a Nekso ride. Riders who have lost an item should immediately call Nekso’s Customer line at +58 (261) 7935007 y +58 (412) 125-8259 or email soporte@nekso.io promptly so the driver may be contacted to try and locate the lost item. We encourage Drivers to immediately notify Nekso so we can help contact the Rider if a lost item is found. Drivers should make every effort to return the item to the Rider as soon as possible.

PAYMENT

Taxi Lines and Drivers are in charge of providing the Transportation Services. While Nekso only provides a specialized platform in order to optimize the request of transportation services without creating any employee relationship with the Driver (Taxi driver), nor with the taxi line, nor the passenger. Nekso and Taxi Lines will fix an Estimated Cost/Fare for transport services by the Provider of Transportation (Taxi Lines and Drivers) on the website and through the Nekso App. Nekso may modify or update them occasionally.

Terms of Payment and Fees

Fees and Charges: For each Ride conducted, the Nekso Platform requires destination and pick up information of the Passenger. The Platform will display ride fees, representing the Cost Contribution, for that specific ride, incorporating such factors as distance, duration, time of day and location. The Cost Contribution may include fees for toll roads, airports, or bridge tolls. The Driver establishes the Final Fare of the service; the Fare can be modified by the Driver but up to a specific amount. Users understand that the use of the Services may result in charges to You for the transport service received from a Driver. All payments made by Passengers to Nekso shall only be made through the Nekso Platform. Passengers will not pay any Cost contribution to Nekso for providing the Services obtained through the Nekso Platform. However, after you have received the Services, Nekso will facilitate all payments of the Cost Contribution arising from the transportation service received from a Driver through a third party payment processing service, and will deposit the Cost Contribution into an account designated by Driver. Therefore, Passengers will have to payment methods, in cash or through the Nekso Platform using their Credit Cards.

Payment facilitate: All payments of the Cost Contribution for the transport service are due immediately and payment will be facilitated and process by MercadoPago in the Nekso platform. MercadoPago is the third party payment processing service.

Payment Processing: If a Passenger chooses to pay the Cost Contribution by Credit Card, Nekso will facilitate it through MercadoPago. Passengers acknowledge and accept that by paying with Credit Card, they will be charged a percentage for Electronic Service. Drivers must link their MercadoPago account in the Nekso platform. Drivers expressly agree to use MercadoPago as the third party processing service for facilitating all payments of the Cost Contribution through the Nekso app. Drivers expressly consent Nekso to manage the payment of the Cost Contribution on their behalf. Payment of the Cost Contribution in such manner shall be considered the same as payment made directly by Passengers to Drivers. Users acknowledge and agree that Nekso will process all payments made by Credit Card in the Nekso Platform through MercadoPago.Users, Passengers and Drivers, have read, understood and agreed the Terms of Service of MercadoPago.

If the Passenger choose to pay with credit card as the preferred payment method in the Nekso platform, Passenger understands that the registration form with the credit card´s information must be completed (in case there´s no credit card saved in the Nekso Platform). Payment will be processed by MercadoPago, and if the payment was approved, both Users will receive a confirmation message and Nekso will send a receipt. If the payment by credit card failed, then the Passenger must pay in cash.

Passenger understands that the Credit card information will not be stored in Nekso´s servers, but managed through MercadoPago.

Refunds: The full amount of the Cost Contribution is charged immediately following completion of the Ride to the Passenger´s authorized credit card and transferred to such Driver´s account in MercadoPago. All payments made are non-refundable unless otherwise stated, as set out in the Terms and Conditions of MercadoPago.

ELIGIBILITY

Our Services are available only to, and may only be used by individuals who can form legally binding contracts under applicable law. You represent and warrant that by using the Nekso Platform or the Services, You have the right, authority and capacity to enter into this Agreement and to abide by the terms and conditions of this Agreement. You are the sole authorized user of your account. You are responsible for maintaining the confidentiality of any password provided by You or Nekso for accessing the Services. You are solely and fully responsible for all activities that occur under your password or account. Nekso has no control over the use of any User’s account and expressly disclaims any liability derived therefrom. Should You suspect that any unauthorized party may be using your password or account or You suspect any other breach of security, You must contact Us immediately.

RELATIONSHIP WITH THIRD PARTIES

The Services may be made available or accessed in connection with third party services and content (including advertising) that Nekso does not control. You acknowledge that different terms of use and privacy policies may apply to your use of such third party services and content. Nekso does not endorse such third party services and content and in no event shall Nekso be responsible or liable for any products or services of such third party providers. Additionally, Apple Inc., Google, Inc., Microsoft Corporation or BlackBerry Limited will be a third-party beneficiary to this contract if you access the Services using Applications developed for Apple iOS, Android, Microsoft Windows, or Blackberry-powered mobile devices, respectively. These third party beneficiaries are not parties to this contract and are not responsible for the provision or support of the Services in any manner. Your access to the Services using these devices is subject to terms set forth in the applicable third party beneficiary's terms of service.

INDEMNITY

You agree to defend, indemnify and hold harmless Nekso and its affiliates, and their respective shareholders, employees, independent contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to legal fees) arising from: (i) your use of and access to the Services, including any data or content transmitted or received by You; (ii) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy or intellectual property rights; (iv) your violation of any applicable law, rule or regulation; (v) any claim or damages that arise as a result of any of your User content or any that is submitted via your account; (vi) any other party’s access and use of the Service with your unique username, password or other appropriate security code; or (vii) any and all claims or damages (alleged or actual) that arise as a result of a Ride that You provide as a Driver or a Ride that You take as a Passenger.

RELEASE

In the event that You have a dispute with one or more Users, You agree to release Nekso and its affiliates, and their respective shareholders, employees, independent contractors, agents, officers and directors, from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected to such disputes with other Users or to your use of the Nekso Platform or the Services.

LIMITATION OF LIABILITY

IN NO EVENT WILL WE AND OUR AFFILIATES, AND OUR RESPECTIVE SHAREHOLDERS, EMPLOYEES, INDEPENDENT CONTRACTORS, OFFICERS OR DIRECTORS, BE LIABLE TO YOU FOR ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR DELETION, CORRUPTION, LOSS OF DATA, LOSS OF PROGRAMS, FAILURE TO STORE ANY INFORMATION OR OTHER CONTENT MAINTAINED OR TRANSMITTED BY OUR SERVICES, SERVICE INTERRUPTIONS, OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES) ARISING OUT OF OR IN CONNECTION WITH THE NEKSO PLATFORM, OUR SERVICES OR THIS AGREEMENT (HOWSOEVER ARISING, INCLUDING NEGLIGENCE) EVEN IF WE OR OUR AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

WE DO NOT SCREEN THE USERS USING THE SERVICES IN ANY WAY. AS A RESULT, WE EXPRESSLY DISCLAIM ANY LIABILITY FOR ANY DAMAGES, WHETHER DIRECT, INDIRECT, INCIDENTAL AND/OR CONSEQUENTIAL, ARISING OUT OF THE USE OF THE NEKSO PLATFORM OR THE SERVICES, INCLUDING, WITHOUT LIMITATION, TO DAMAGES ARISING OUT OF COMMUNICATING AND/OR MEETING WITH OTHER USERS OF THE NEKSO PLATFORM OR THE SERVICES, OR OTHER USERS INTRODUCED TO YOU VIA THE NEKSO PLATFORM OR THE SERVICES. SUCH DAMAGES INCLUDE, WITHOUT LIMITATION, DAMAGE TO OR LOSS OF PROPERTY, BODILY INJURY, DEATH AND/OR EMOTIONAL DISTRESS AND DISCOMFORT. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY AND THE LIABILITY OF OUR AFFILIATES, AND OUR RESPECTIVE SHAREHOLDERS, EMPLOYEES, INDEPENDENT CONTRACTORS, OFFICERS OR DIRECTORS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO 7.000,00 Bs.F. CERTAIN LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

Please keep in mind that the Internet is like a big city with all kinds of people in it. Don’t travel with someone you don’t trust. By using the Services you agree that Nekso, partner organizations and individuals including organizers or sponsors of carpool groups, and related persons are not responsible for your safety, comfort, or successful travel arrangements, or for your belongings, or for any other liability with regard to your use of the Nekso Platform. Nekso, at its own discretion, may take steps to check its Drivers’ backgrounds, driving history, proof of automobile insurance, or possession of a valid driver’s license. However, Nekso makes no representation or warranty, either express or implied, that any such check has been carried out or that any information provided to it is true or correct or not misleading, and makes no assurance or guarantee as to the safety of a Ride, the reliability of a Driver, or a Driver’s vehicle, or for anything else, and Nekso expressly disclaims all warranties as to any Drivers and Passengers. Responsibility for the decisions You make regarding accepting transportation rest solely with You. It is each Passenger’s responsibility to take reasonable precautions in all actions and interactions with any party they may interact with through use of the Nekso Platform and Services. Nekso requests that Users exercise caution and good judgment when using the Services. DRIVERS AND PASSENGERS USE THE SERVICES AT THEIR OWN RISK.

Nekso is not responsible for any damages (including personal injury, death, property damage, lost time or wages, and the like) resulting from or related to a ride facilitated by the Services, or for resolving any disputes between You and another user. You hereby agree that your use of the Services is at your sole risk.

NO LIABILITY FOR ONLINE CONTENT

Opinions, advice, statements, offers, or other information or content made available through the Services, but not directly by Nekso, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. Nekso does not guarantee the accuracy, completeness, or usefulness of any information on the Services and Nekso does not adopt nor endorse and is not responsible for the accuracy or reliability of any opinion, advice, or statement made by parties other than those made by Nekso. Under no circumstances will Nekso be responsible for any loss or damage resulting from anyone's reliance on information or other content posted on the Services, or transmitted to participants. Nekso reserves the right, but Nekso has no obligation, to monitor the materials posted in the public areas of the Services.

NO AGENCY

By agreeing to use our Service, you agree you are not an employee or independent contractor of Nekso, and no agency, partnership, joint venture, or franchisor-franchisee relationship is intended or created by this Agreement. DRIVERS ARE NOT NEKSO EMPLOYEES OR INDEPENDENT CONTRACTORS. DRIVERS VOLUNTARILY USE OUR MOBILE PLATFORM TO BE MATCHED WITH PASSENGERS. IT IS UP TO THE DRIVER TO DECIDE WHEN HE OR SHE WISHES TO DRIVE USING THE NEKSO APP, WHETHER OR NOT TO OFFER A RIDE TO A PASSENGER CONTACTED THROUGH THE NEKSO PLATFORM, THE ROUTE THEY WILL TAKE, AND WHAT PRICING ADJUSTMENT THE DRIVER WISHES TO SET. A PASSENGER DECIDES WHETHER OR NOT TO ACCEPT A RIDE FROM ANY DRIVER CONTACTED THROUGH THE NEKSO PLATFORM. ANY DECISION BY A USER TO OFFER OR ACCEPT TRANSPORTATION ONCE SUCH USER IS MATCHED THROUGH THE NEKSO PLATFORM IS A DECISION MADE IN SUCH USER’S SOLE DISCRETION.

PRIVACY STATEMENTS

Nekso cares about your privacy, and has a detailed and thorough Privacy Policy in place. We strongly recommend that you take the time to read over the Privacy Policy carefully. You should know that by agreeing to the Terms and Conditions of Use, you explicitly express that you have read the Privacy Policy and consent and agree to the terms contained therein.

You understand that by using the Services you consent to the collection, use and disclosure of your personally identifiable information, your GPS location relating to ride pick-up and drop-off locations, and aggregate data as set forth in our terms of service, and to have your personally identifiable information collected, used, transferred to and processed. Users specifically agree to the release of their Nekso Platform ride data to airport authorities or other governmental authorities who may request such data from Nekso.

Users may see each other’s pick-up and drop-off locations, estimated time of arrival, Driver ratings, Driver’s profile, and vehicle information, either in person or on the Software. Users who post Rides specifically consent to this information being disclosed to the other.

Use of Google Services: Nekso’s technology incorporates certain software provided by Google (namely, the Maps API). In agreeing to this Agreement, all Users also agree to Google’s current Terms of Use.

Nekso cares about the integrity and security of your personal information. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.

YOUR INFORMATION

Your Information is any information, including photos, You provide, publish or display (“post”) to the Nekso Platform or send to other Users in the registration or in any public message area (including, but not limited to the feedback section) or through any email feature (“Your Information”). Your Information will be stored on computers. You consent to us using Your Information to create a User account that will allow You to participate in the Services. You are solely responsible for Your Information and your interactions with other people in the public, and We act only as a passive conduit for your online posting of Your Information. When You use the Nekso Platform, You agree to provide accurate, current and complete information as prompted by our registration form and to maintain and timely update Your Information to keep it accurate, current and complete at all times during the Term of the Agreement. You agree that Nekso may rely on Your Information as accurate, current and complete. You acknowledge that if Your Information is untrue, inaccurate, not current or incomplete in any respect, We have the right to terminate this Agreement and your use of the Services.

By agreeing to these Terms and Conditions, you expressly consent, to receiving electronic messages containing newsletters, surveys, promotions and special offers. If you do not want to receive such electronic messages, You will be given the option to opt out or change Your preferences.

ZERO TOLERANCE POLICY

Passenger agrees to report to Nekso promptly any Driver reasonably suspected to be in violation of this zero-tolerance policy by calling Nekso’s Customer Support line at +58 (412) 125-8259 o +58 (261) 7935007, and emailing us at soporte@nekso.io. Drivers may be deactivated from using the Nekso Platform while an investigation takes place. Users agree to report to Nekso promptly any safety-related complaint by calling nekso’s Customer Support line at +58 (412) 125-8259 o +58 (261) 7935007 or emailing us at soporte@nekso.io.

ANTI-DISCRIMINATION

NEKSO HAS AN ANTI-DISCRIMINATION POLICY. USERS ARE PROHIBITED FROM MAKING ANY NEGATIVE RATING, CONDUCT OR SPEECH ON THE BASIS OF OR INFLUENCED BY GENDER, RACE, ETHNICITY, ABILITY, DISABILITY, SEXUAL ORIENTATION, AGE, OR OTHER PROTECTED GROUND UNDER APPLICABLE LAW. Users agree to report to Nekso promptly any discrimination related complaint by calling Nekso’s Customer Support line at +58 (412) 125-8259 o +58 (261) 7935007, and emailing us at soporte@nekso.io. Users may be deactivated from the Nekso Platform for discriminatory behavior.

TERMINATION

This Agreement is effective upon use of the Nekso Platform or the Services for new Users and upon the posting dates of any subsequent amendments to this Agreement for all current Users. You may terminate your participation in the Services at any time, for any reason upon receipt by Us of your written notice of termination. Either party hereto may terminate your participation in the Nekso Platform by removing Your Information at any time, for any or no reason, without explanation, effective upon sending written notice to the other party. Upon such termination, We will remove all of Your information from our servers, though We may retain an archived copy of Your Information as required by law or for legitimate business purposes. We maintain sole discretion to prohibit your use of the Services in the future, for any or no reason. Even after your participation in the Nekso Platform is terminated, this Agreement will remain in effect.

ENTIRE AGREEMENT/SEVERABILITY

This Agreement, together with the Privacy Policy and any amendments and any documents incorporated by reference herein and any additional agreements you may enter into with Nekso in connection with the Services, shall constitute the entire agreement between you and Nekso concerning the Services. If a court of competent jurisdiction deems any provision of this Agreement invalid, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.

DRIVER AND PASSENGER OBLIGATIONS

If the Passenger or Driver fail to comply with any of these terms and conditions, Nekso reserves the right to keep information relating to the breach, to publish or disclose this information on the User’s online profile and to suspend or withdraw the User’s access to the Nekso Platform.

It is up to each Driver and Passenger to confirm with each other that the Driver is covered by valid insurance. The Driver must confirm that their insurance policy allows them to share a Ride with Passengers, and that their insurance policy covers all Passengers and any accident or incident which may occur during a Ride.

GOVERNING LAW

This Agreement shall be governed by the laws of Venezuela applicable therein. You agree to submit to the exclusive jurisdiction of the courts of Maracaibo, Zulia, except for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, as set forth in the Arbitration provision below.

DISPUTES

Nekso has no responsibility whatsoever for the actions or conduct of Drivers or Passengers. Nekso has no obligation to intervene in or be involved in any way in disputes that may arise between Drivers, Passengers, or third parties. Responsibility for the decisions you make regarding providing or accepting transportation rest solely with You.

ARBITRATION

For any dispute with Nekso, you agree to first contact us by calling Nekso’s Customer Support line at +58 (412) 125-8259 o +58 (261) 7935007 and emailing us at soporte@nekso.io, and attempt to resolve the dispute with us informally. If the matter is not resolved, any disputes or claims in connection with or arising out of this Agreement, its negotiation, breach, existence, validity or termination will be referred to and finally determined by arbitration, from which there will be no appeal, before a single arbitrator in Toronto in accordance with the provisions of the Arbitration Act (Venezuela). For greater certainty, the application of article 15-34 is expressly excluded. Liability for costs will be decided through the arbitration process. The award rendered by the arbitrator shall include costs of arbitration, reasonable legal fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of that party’s data security, intellectual property rights, or other proprietary rights. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS USER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND NEKSO ARE EACH WAIVING THE RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION.

NEKSO REFERRAL PROGRAM – TERMS AND CONDITIONS

User Agreement

The terms and conditions stated herein (as amended from time to time, the "Agreement") constitutes a legal agreement between you (“you,” or “your,”) and Nekso, C.A.., a corporation in the Bolivarian Republic of Venezuela (“Nekso," “we,” “us,” or “our,”) governing your participation in the Nekso User Referral Program or Driver Referral Program (collectively, the “Referral Program”).
IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MAY NOT PARTICIPATE IN THE REFERRAL PROGRAM.

RIGHT TO AMEND

Nekso reserves the right to modify the terms and conditions of this Agreement or its policies relating to the Referral Program at any time, effective upon posting of an updated version of this Agreement on this site. You are responsible for regularly reviewing this Agreement. If you do not agree to any of the changes you may not participate in the Referral Program. Continued participation in the Referral Program after any such changes shall constitute your consent to such changes.

REFERRAL PROGRAM
User Referral Program

For the User Referral Program, Nekso will distribute “Ride Codes” to the Nekso user community. A “Ride Code” is a unique alphanumeric code for you to distribute to eligible friends, family and other third parties that are New Users in the Nekso Platform (each a “Referred User”). To receive referral and bonus credits, your Referred User must be new to Nekso and must enter your code before taking their first ride. To redeem the Ride Code, the Referred User must enter the Ride Code on the Nekso platform in the creation of their new Nekso account. Each Ride Code is good for a certain number of rides and up to a certain value set by Nekso (such value may be changed by Nekso without notice prior to redemption of the Ride Code as existing promotions change). If the ride does not exceed the value of the Ride Code, there will be no remaining balance on the Referred User’s Nekso account. If the ride exceeds the value of the Ride Code, the Referred User will be responsible for the payment amount of the remaining balance of the ride. Ride Codes can only be redeemed one time by the passenger.

Driver Referral Program

For the Driver Referral Program, Nekso will distribute “Referral Codes” to the Nekso user community. A “Referral Code” is a unique alphanumeric code for you to distribute to eligible new Users (each, a “Referred Passenger”). One Referral Code can be redeemed by several passengers and are only valid for new passengers (those who haven't requested a ride). Each new passenger can only have one referral on their account. To redeem the Ride Code, the Referred Passenger must enter the Ride Code on the Nekso platform in the creation of their new Nekso account. Each Ride Code is good for a certain number of rides and up to a certain value set by Nekso (such value may be changed by Nekso without notice prior to redemption of the Ride Code as existing promotions change). If the ride does not exceed the value of the Ride Code, there will be no remaining balance on the Referred User’s Nekso account. If the ride exceeds the value of the Ride Code, the Referred User will be responsible for the payment amount of the remaining balance of the ride. A Driver which Referral Code has been redeemed, will have the benefit to receive a bonus in his MercadoPago Account (Bonus amounts are determined by Nekso and are subject to change at Nekso´s sole discretion) once the user completes the ride. The driver will receive a bonus on their MercadoPago account for each new passenger that used his referral code.
The driver will know if a passenger is enjoying a promotion because in the billing screen will be explained in detail, with the name of the promotion, the discount amount or percentage discount applied to the service. In the event of a discount promotion, the discounted amount to the passenger will be paid to the driver through his account in MercadoPago by Nekso.

ELIGIBILITY

Only new Nekso users (i.e., persons who do not already have a Nekso account) who are at least 18 years old are eligible to redeem Ride Codes and become a Referred User. Ride Codes are only valid in the following markets: Maracaibo-Venezuela, San Francisco-Venezuela. The list of eligible markets is subject to change at Nekso’s sole discretion.
Referred Users are subject to all of the eligibility requirements placed on Nekso Passenger - Terms and Conditions (https://nekso.io/en/help/terms/#passenger).

RESTRICTIONS

Ride Codes may only be distributed for promotional purposes and must be given away free of charge. You may not sell, trade, or barter Ride Codes under any circumstances. Ride Codes are only redeemable for use on the Nekso platform to be applied towards Nekso rides and are not transferable or redeemable for cash. Ride Codes are subject to expiration and must be used within the amount of time stated by Nekso at the time of redemption, but in no event later than ninety (90) days from the date of redemption. Nekso reserves the right in its sole discretion to extend the validity of Ride Codes beyond the stated expiration date.

CREDITS OR BONUSES

For each Referred User who uses your Ride Code to take their first ride on the Nekso platform, you are eligible to receive a ride credit (a “Credit”) good for a certain number of rides and up to a certain value set by Nekso. If you are already a Driver, Nekso may provide you with a bonus (a “Bonus”) instead of a Credit. The amount and conditions of the Credit or Bonus shall be determined by Nekso and communicated to you in writing, and are subject to change at Nekso’s sole discretion.

RELATIONSHIP OF PARTIES

You are an independent contractor and are not an agent or employee of, and has no authority to bind Nekso by contract or otherwise.

CONFIDENTIALITY

You agree not to use any technical, financial, strategic and other proprietary and confidential information relating to Nekso’s business, operations and properties (“Confidential Information”) disclosed to you by Nekso for your own use or for any purpose other than as contemplated herein. You shall not disclose or permit disclosure of any Confidential Information to third parties. You agree to take all reasonable measures to protect the secrecy of and avoid disclosure or use of Confidential Information of Nekso in order to prevent it from falling into the public domain.

REPRESENTATION AND WARRANTIES

You represent and warrant that you are at least 18 years old and that you have the right, authority and capacity to enter into this Agreement and to abide by the terms and conditions of this Agreement. You hereby represent and warrant that you will comply with all applicable laws and regulations (including copyright and trademark laws and anti-spam laws) in connection with your participation in the Referral Program and you will not use the Nekso platform, Ride Codes, Referral Codes, or anything in connection with this Referral Program for any illegal or unauthorized purpose. You are prohibited from advertising Ride Codes or Referral Codes and/or purchasing any advertisements in connection with this Referral Program for the purpose of soliciting potential riders, including but not limited to: Google, Facebook, Twitter, Bing and Craigslist. Nekso reserves the right to deactivate or invalidate any Ride Code or Referral Code at any time if it feels the Ride Code or Referral Code has been distributed or is being used in violation of any portion of this Agreement. You shall not misrepresent your relationship with Nekso to any third party and will not make any warranty or representation on behalf of Nekso. You warrant that your participation in the Referral Program does not and will not violate any agreement between you and any third party. Except for the foregoing, neither party makes any warranties, express or implied, with respect to the Referral Program or any products or services, including without limitation implied warranties of fitness, merchantability or non-infringement of the Ride Code, Referral Code, the Nekso platform, or any of Nekso´s services.

INDEMNITY

You agree to defend, indemnify and hold harmless Nekso and its subsidiaries, agents, licensors, affiliates, employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including reasonable legal fees) relating to or arising out of your participating in the Referral Program, including: your breach of this Agreement or your violation of any law or the rights of a third party.

LIMITATION OF LIABILITY

In no event will we, our subsidiaries, officers, directors, employees or our suppliers, be liable to you for any incidental, consequential, or indirect damages arising out of or in connection with Nekso, our services or this Agreement (however arising, including negligence) even if we or our agents or representatives know or have been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, to the maximum extent allowable by law, our liability, and the liability of our subsidiaries, officers, directors, employees, and suppliers, to you or any third parties in any circumstance related to this Agreement is limited to $20. Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions or limitations may not apply to you, and you may have additional rights.

E-MAIL AND TEXT COMMUNICATIONS

E-mail communications and text messages sent from us or through us are designed to make your participation in the Referral Program more efficient. By participating in the Referral Program, You specifically agree to accept and consent to receiving e-mail communications and text messages initiated from us or through us, which include, without limitation: message notification e-mails, and e-mails informing you of promotions we run and of new and existing features we provide. Standard text messaging charges applied by your cell phone carrier will apply to text messages we send.

TERM AND TERMINATION

This Agreement is effective upon your participation in the Referral Program. You may terminate your participation in the Referral Program at any time, for any or no reason. We may terminate this Agreement at any time for any or no reason, without explanation, or terminate the Referral Program in part or entirely as posted on this site. We maintain sole discretion to prohibit your participation in the Referral Program in the future, for any or no reason.

ARBITRATION

You and we agree that any legal disputes or claims arising out of or related to the Agreement (including but not limited to your participation in the Referral Program), or the interpretation, enforceability, revocability, or validity of the Agreement, or the arbitrability of any dispute), that cannot be resolved informally shall be submitted to binding arbitration in the state in which the Agreement was performed. The arbitration shall be conducted by the Venezuelan Arbitration Association under its Commercial Arbitration Rules, or as otherwise mutually agreed by you and Nekso. Any judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Claims shall be brought within the time required by applicable law. You and we agree that any claim, action or proceeding arising out of or related to the Agreement must be brought in your individual capacity, and not as a plaintiff or class member in any purported class, collective, or representative proceeding. The arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative, collective, or class proceeding. You acknowledge and agree that you and Nekso are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding.

GENERAL

This Agreement shall be governed by the laws of the Bolivarian Republic of Venezuela without regard to choice of law principles. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that this Agreement and all incorporated agreements may be automatically assigned by Nekso, in our sole discretion. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between you and Nekso with respect to the subject matter hereof. Sections titled Modifications, Trademark License, Relationship of Parties, Confidentiality, Representations and Warranties, Indemnity, Limitation of Liability, Arbitration, and General shall survive any termination or expiration of this Agreement.

PRIVACY POLICY

GENERAL

Nekso (“We”, or “Us”) is devoted to protecting the privacy of its visitors and Users (“You”). Our Privacy Policy outlines how we collect, use, disclose, and protect information that relates to Our Services in order to enhance Your experience with the Nekso Platform. Please review this Privacy Policy regularly as We may revise it without notice. By using any of the services (“Services”) provided through the Nekso Platform, You are consenting to the collection, use, and disclosure of personal information about You in accordance with, and are agreeing to be bound by, this Privacy Policy.

DEFINITIONS
  • “Nekso Platform” refers collectively to Nekso’s website, mobile application, and Services.
  • “Nekso Account/Profile” refers to an account with the Nekso Platform created by a User, and used in order to access the Services.
  • “Nekso Platform” refers collectively to Nekso’s website, mobile application, and Services.
  • “Taxi Line” refers to the company that works directly with the Drivers offering the transportation service, and who enables Drivers so that they can make use of the Nekso App.
  • “Driver” refers to any User that has registered as a driver on the Nekso Platform.
  • “Transportation Service” refers to the transport service provided by a Driver of a Taxi Line to a Passenger in order to receive remuneration for it. Such transportation must have been provided through the Services.
  • “Passenger” refers to any User that has registered with the Nekso Platform for the purposes of arranging to receive a transportation service provided by the Driver of a Taxi Line.
  • “Service(s)” refers to any of the services provided by the Nekso Platform.
  • “Site” refers to the Nekso website located at www.nekso.io, and is one of the elements of the Nekso Platform.
  • “User” refers to any person who has downloaded the Nekso mobile application, or has registered with the Nekso Platform for the use or potential use of the Services. This term includes reference to both Drivers and Passengers.
  • “Vehicle” means the vehicle used by a Driver for the purpose of providing the Transportation Service to the Passenger.
DATA WE COLLECT FROM YOU
General:

In order to operate the Nekso Platform and to provide You with information about products or services that may be of interest to You, We may collect “personal information” (i.e. information that could be used to contact You directly without using the Nekso Platform such as full name, postal address, phone number, credit/debit card information, or email address), or “demographic information” (i.e. information that You submit, or that We collect, that is not personal information; this may include, but is not limited to, postal code, hometown, gender, username, age/birth date, browsing history information, searching history information, and registration history information). We may also collect the contact information of Your friends, if You choose to connect Your contacts and address book information with Nekso, and Your login credentials to Your social network accounts, such as Facebook and Twitter, if You choose to connect those accounts with Your Nekso account. You represent and warrant that You have the authority to provide Us with any such contact information.

Information You provide To Us directly:

We ask for certain information that may include Your username, first and last name, birthdate, phone number, e-mail address, photograph denoting identity, insurance slip photo, vehicle make, model and year, driver’s license number, automobile registration information, and automobile insurance policy, as well as any information You permit Us to collect as part of a background check when You register with Nekso, or if You correspond with Us. You may also provide Us with Your financial information for purposes of processing a transaction on or through the Services. We may also retain any messages You send through the Services, and may collect information You provide as User content You post to the Services. We use this information to operate, maintain, and provide to You the features and functionality of the Services.

HOW DATA IS USED
  1. Analytics information: We may directly collect analytics data, or use third-party analytics tools, to help Us measure traffic and usage trends for the Services. These tools may collect information sent by Your browser or mobile device, including the pages You visit and other information that assists Us in improving the Services. We collect and use this information in aggregate form such that it cannot reasonably be manipulated to identify any particular individual user.
  2. Cookies information: When You visit the Service, we may send one or more cookies — A cookie is a small piece of data sent from a website and stored in a User’s web browser — to Your computer that uniquely identifies Your browser and lets Nekso help You log in faster and enhance Your navigation through the site. A cookie may also convey information to Us about how You use the Services (e.g., the pages You view, the links You click and other actions You take on the Service), and allow Us or Our business partners to track Your usage of the Services over time. A persistent cookie remains on Your hard drive after You close Your browser. Persistent cookies may be used by Your browser on subsequent visits to the site. Persistent cookies can be removed by following Your web browser’s directions. A session cookie is temporary and disappears after You close Your browser. You can reset Your web browser to refuse all cookies or to indicate when a cookie is being sent. However, some features of the Service may not function properly if the ability to accept cookies is disabled.
  3. Log file information: Log file information is automatically reported by Your browser or mobile device each time You access the Services. When You use Our Service, Our servers automatically record certain log file information. These server logs may include anonymous information such as Your web request, Internet Protocol (“IP”) address, browser type, referring / exit pages and URLs, number of clicks and how You interact with links on the Services, domain names, landing pages, pages viewed, and other such information. In addition, in certain instances the browser may prompt You for Your geo-location to allow Us to provide You with an enhanced experience. With this technical data Our website administrators can manage the Nekso Platform, for instance by resolving technical difficulties or improving the accessibility of certain parts of the Nekso Platform. This way, We ensure that You can continue to find the information on the Website in a quick and simple manner. For more information, see the section below on location data.
  4. Clear gifs/web beacons information: When You use the Service, we may employ clear gifs (also known as web beacons) which are used to anonymously track the online usage patterns of our Users. In addition, We may also use clear gifs in HTML-based emails sent to Our users to track which emails are opened and which links are clicked by recipients. The information allows for more accurate reporting and improvement of the Service.
  5. Device identifiers: When You access the Services by or through a mobile device (including but not limited to smart-phones or tablets), We may access, collect, monitor and/or remotely store one or more “device identifiers,” such as a universally unique identifier (“UUID”). Device identifiers are small data files or similar data structures stored on or associated with Your mobile device, which uniquely identify Your mobile device. A device identifier may be data stored in connection with the device hardware, data stored in connection with the device’s operating system or other software, or data sent to the device by Nekso. A device identifier may convey information to Us about how You browse and use the Services. A device identifier may remain persistently on Your device, to help You log in faster and enhance Your navigation through the Services. Some features of the Services may not function properly if use or availability of device identifiers is impaired or disabled.
  6. Location data: When You access the Services by or through a mobile device, We may access, collect, monitor and/or remotely store “location data,” which may include GPS coordinates (e.g. latitude and/or longitude) or similar information regarding the location of Your mobile device. Location data may convey to Us information about how You browse and use the Services. Some features of the Services, particularly location-based services, may not function properly if use or availability of location data is impaired or disabled. If You are traveling in a Vehicle, We will collect the Driver’s geo-location information from the Driver’s mobile device. Because You are travelling in the Vehicle, this means We will also indirectly collect Your location information. This information is necessary to calculate Your fare, send You a receipt showing the route of the ride, allow You to view Your trip history in Your Nekso account, and handle complaints from You or Drivers.
  7. Commercial and marketing communications: We use the information we collect or receive to communicate directly with You. We may send You electronic messages containing newsletters, surveys, promotions and special offers as a result of the express consent you have provided in agreeing to the Terms & Conditions. If You do not want to receive such email messages, You will be given the option to opt out or change Your preferences. We also use Your information to send You Service-related emails (e.g., account verification, purchase and billing confirmations and reminders, changes/updates to features of the Service, technical and security notices). You may not opt out of Service-related e-mails.
  8. Use of certain service type information we collect about You: We use or may use cookies, log file, device identifiers, location data and clear gifs information to: (a) remember information so that You will not have to re-enter it during Your visit or the next time You visit the site; (b) provide custom, personalized content and information; (c) to provide and monitor the effectiveness of Our Services; (d) monitor aggregate metrics such as total number of visitors, traffic, and demographic patterns; (e) diagnose or fix technology problems; (f) help You efficiently access Your information after You sign in; and (g) automatically update the Nekso application on Your mobile devices.
  9. Use of the Mobile Application: When using Nekso’s mobile application, we may also collect and process technical data including Your Device ID or Mac-Address, IP-address, and certain information about the manufacturer, model, and operating system of Your mobile device. This information is utilized to ensure the functionality of the mobile application.
  10. Account Creation: When registering as a new User, We may collect Your name, email address, country, language, password, mobile phone number, IP-address, MAC-address, and Your credit card number, expiry date and security code. We may use Your contact details to send You a welcoming email to verify Your username and password, to communicate with You in response to Your inquiries, and to send You service-related announcements, for instance, if our Service is temporarily suspended for maintenance. For the purposes of verifying Your Driver status and conducting a background check, We may also collect information regarding the User’s driver’s license; vehicle make, model and year; automobile registration information; automobile insurance policy, or any other related information that may be required for Us to successfully complete the Driver verification and background check process.
  11. General Statistical Data: Nekso may use Users’ personal information in an anonymized and aggregated form to monitor which elements of the Nekso platform are used the most, and to determine general usage patterns.
  12. Photo: If You choose to provide a photo for Your Nekso profile, Your photo will be viewable to either the driver that is picking You up, or the passenger You are picking up. You may edit Your profile to remove or update Your photo.
  13. Payment: The credit or debit information collected may be provided to a secure third party to process the necessary payments for Your requests or rides. Your Credit Card information will not be saved in our servers, but it will be processed by MercadoPago.
  14. Marketing: Nekso may use Your contact details to send You general updates regarding Nekso news, special offers and promotions. You may at all times opt-out of receiving these updates.
DISCLOSURE AND SHARING OF USER INFORMATION
Third Parties

Nekso may choose to employ third parties or individuals to provide elements of the Services on our behalf, or a number of other services including, but not limited to, providing customer support, providing geo-location information, to perform website and application related services, processing payments, or to assist in analysis of general statistical user data. These third parties will be given access to Your personal information only to the extent required to perform these services. Nekso will not resell Your information to any third party outside of Nekso and any of its group partners, parent, subsidiaries, or affiliates.

Instances where Information You provide may be shared with Third Parties

As part of Our booking process and in order to provide Our Services, Your information may be passed to a Passenger (if You are a Driver), or to a Driver (if You are a Passenger).

  • We may be required to disclose or share Your personal data in order to comply with any legal obligations.
  • may share information with any of Our international partner websites.
  • We may transfer Your personal information to a third party as part of a sale of some or all of Our business and assets to any third party or as part of any business restructuring or reorganization, but We will take steps with the aim of ensuring that Your privacy rights continue to be protected.
  • We may share information in order to enforce any terms of use with respect to any element of the Nekso Platform.
  • In order to protect the rights, property, or safety of Nekso, the Nekso Platform Users, or any other third parties. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.
YOUR RIGHTS AS A USER
General

You may update Your account information and communication preferences at any time by logging into Your account and updating this information.

Information Retention

At any time You have the right to terminate Your account and request erasure or correction of Your personal information. Nekso will only retain Your profile information and User content for a commercially reasonable time for backup, archival or audit purposes. At the time of termination, We may also anonymize Your data, unless these data are necessary to comply with a legal obligation or resolve disputes.

SECURITY

Your Nekso Profile is password-protected so that only You and authorized Nekso employees have access to Your account information. In order to maintain this protection, do not give Your password to anyone. Our staff will never proactively reach out to You and ask for any personal account information, including Your password. If You share a computer, You should sign out of Your Nekso account and close the browser window before someone else logs on. This will help protect Your information entered on public terminals from disclosure to third parties.

Nekso makes every effort to ensure that Your information is secure on its system. Unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure. As a result, Nekso cannot guarantee the security of any information You transmit to Us, and You do so at Your own risk. If You have any further questions on this issue, refer to Our Terms of Use. Nekso expressly disclaims any liability that may arise should any other individuals obtain the information You submit to the Nekso Platform.

Nekso has security measures in place to protect against the loss, misuse and alteration of the information under Our control. Your information may be transferred to and maintained on computer networks which may be located outside of the state, province, country or other governmental jurisdiction in which You reside, and the country or jurisdiction in which these computer networks are located may not have privacy laws as protective as the laws in Your country or jurisdiction.

The Nekso Platform may contain links to other web sites. We are of course not responsible for the privacy practices of other web sites. We encourage Our Users to be aware when they leave the Nekso Platform to read the privacy statements of each and every web site that collects personally identifiable information. This Privacy Policy applies solely to information collected by the Nekso Platform.

CHILDREN’S PRIVACY

As Nekso’s services are not targeted to individuals under the age of 18, they are not permitted to register with or use the Services, or provide any personal data. Nowhere on the Nekso Platform do we knowingly collect, keep, or maintain the personal information of children under the age of 18. If We discover that we have collected the personal information of a child under the age of 18, We will delete the information immediately.

CHANGES IN THE PRIVACY POLICY

Nekso may alter this Privacy Policy from time to time, without notice, to reflect the changes in our business and practices. Consequently, it is advised that You review this page periodically to keep up to date with any changes.

SECURITY POLICY

Privacy Statements

Nekso cares about Your privacy, and has a detailed and thorough Privacy Policy in place. We strongly recommend that you take the team to read over the Privacy Policy carefully. You should know that by agreeing to this Agreement, you explicitly express that you have read the Privacy Policy and consent and agree to the terms contained therein.
Nekso cares about Your privacy, and has a detailed and thorough Privacy Policy in place. We strongly recommend that you take the team to read over the Privacy Policy carefully. You should know that by agreeing to this Agreement, you explicitly express that you have read the Privacy Policy and consent and agree to the terms contained therein.
Users may see each other’s pick-up and drop-off locations, estimated time of arrival, Driver ratings, Driver’s profile, and vehicle information, either in person or on the Software. Users who post Rides specifically consent to this information being disclosed to the other.
Use of Google Services: Nekso’s technology incorporates certain software provided by Google (namely, the Maps API). In agreeing to this Agreement, all Users also agree to Google's current Terms of Use.
Nekso cares about the integrity and security of your personal information. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.

Your Information

Your Information is any information, including photos, You provide, publish or display ("Post") to the Nekso Platform or send to other Users in the registration or in any public message area (including, but not limited to the feedback section) or through any email feature ("Your Information"). Your Information will be stored on computers. You consent to Us using Your Information to create a User account that will allow You to participate in the Services. You are solely responsible for Your Information and Your interactions with other people in the public, and We act only as a passive conduit for Your online posting of Your Information. When You use the Nekso Platform, You agree to provide accurate, current and complete information as prompted by Our registration form and to maintain and timely update Your Information to keep it accurate, current and complete at all times during the Term of the Agreement. You agree that We may rely on Your Information as accurate, current and complete. You acknowledge that if Your Information is untrue, inaccurate, not current or incomplete in any respect, We have the right to terminate this Agreement and Your use of the Services. You acknowledge and agree to abide to our privacy policy in the Terms of Use described above.

Security

Your Nekso Profile is password-protected so that only You and authorized Nekso employees have access to Your account information. In order to maintain this protection, do not give Your password to anyone. Our staff will never proactively reach out to You and ask for any personal account information, including Your password. If You share a computer, You should sign out of Your Nekso account and close the browser window before someone else logs on. This will help protect Your information entered on public terminals from disclosure to third parties.
Nekso makes every effort to ensure that Your information is secure on its system. Unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure. As a result, Nekso cannot guarantee the security of any information You transmit to Us, and You do so at Your own risk. If You have any further questions on this issue, refer to Our Terms of Use. Nekso expressly disclaims any liability that may arise should any other individuals obtain the information You submit to the Nekso Platform.
Nekso has security measures in place to protect against the loss, misuse and alteration of the information under Our control. Your information may be transferred to and maintained on computer networks which may be located outside of the state, province, country or other governmental jurisdiction in which You reside, and the country or jurisdiction in which these computer networks are located may not have privacy laws as protective as the laws in Your country or jurisdiction.
The Nekso Platform may contain links to other web sites. We are of course not responsible for the privacy practices of other web sites. We encourage Our Users to be aware when they leave the Nekso Platform to read the privacy statements of each and every web site that collects personally identifiable information. This Security Policy applies solely to information collected by the Nekso Platform.