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Portgo Service/Platform Terms of Use (hereinafter referred to as the "Terms")
1. Definitions
Operator — Port App LLC, the owner of the Portgo Service and holder of full copyright thereto (TIN: 1309429221, legal address: Sharifzade 138, apt. 39, actual address: Ahmad Rajabli 10 a).
Vehicle towing service (hereinafter referred to as the "Towage Service") the transportation of a vehicle within the territory of the Republic of Azerbaijan.
Portgo Service (hereinafter referred to as the "Service") the Port GO mobile application, which provides towing service providers with information about individuals wishing to use this service, as well as the ability to accept service requests and use other functionality.
Driver an individual who has been verified in the Service, has accepted these Terms, and provides towing services in accordance with the Order.
Client (User) an individual who has been verified in accordance with the Terms and places an order for towing service through the Service.
Verification is the procedure stipulated by these Terms for obtaining "Driver" status in the Service.
Order is the action performed by the Client through the Service to enter into the relevant civil-law relationship (conclude a transaction) for receiving a towing service.
Service Cost is the fee payable by the Client to the Driver for the towing service.
Service Fee is the fee the Driver must pay to the Operator for using the Service.
Deposit Balance is a virtual account created in the Service for paying the service fee. This account reflects the balance of the service fee paid in advance by the Driver.
Contract Conclusion is the acceptance of an Order placed in the Service and the performance of towing services based on the information provided in the Service.
The Terms may also use terms not defined in Section 1. In such cases, such terms shall be interpreted in accordance with the text of the Terms. In the absence of a clear interpretation of a term, the interpretation established by the legislation of the Republic of Azerbaijan shall apply first, followed by the interpretation established in the Service, and finally by generally accepted interpretations on the internet.
2. General Provisions
2.1. By completing verification in the Service, the Driver fully accepts these Terms and Conditions, as well as the terms of the Privacy Policy posted in the Service.
2.2. The Operator provides services through the Service for placing towing orders and facilitating communication between the Driver and the Client. The Driver confirms that civil law relations regarding the provision of the Towing Service arise directly between the Client and the Driver based on the information posted in the Service and are regulated by them independently.
2.3. The Operator shall not be liable for the performance of the contract concluded between the Driver and the Client. All disputes arising from the provision of the Towing Service shall be resolved between the Driver and the Client.
2.4. By selecting one of the Orders placed in the Service, the Driver enters into an agreement with the Client.
In the case of cash payment, the Driver has the right to demand payment after the Towing Service is rendered.
The Driver agrees that the cost of the order is determined by the Service's internal rules and that the Driver has no right to demand payment from the Client in excess of that specified in the Service.
2.5. A person wishing to obtain "Driver" status, by undergoing verification, guarantees that:
2.5.1. the vehicle is owned by the Driver or the Driver has the right to drive it;
2.5.2. the Driver's activities are carried out in accordance with the legislation of the Republic of Azerbaijan and all necessary licenses and permits (if required) have been obtained;
2.5.3. the information and documents (including documents related to the Driver and their vehicle and other documents) uploaded to the Service are accurate, reliable, complete, and current;
2.5.4. any changes to data or documents will be promptly updated in the Service.
2.6. The Driver understands and confirms that no employment relationship has been or will be concluded between them and the Operator, and that no employment contract will be concluded between them.
The Driver also confirms that no partnership or joint venture exists between the parties. The Driver is not an employee, agent, or representative of the Operator and has no right to enter into contracts on the Operator's behalf.
2.7. The Driver may not transfer their rights and obligations under these Terms to third parties.
2.8. The Driver agrees that, in order to determine their precise location and improve the quality of intermediary services, the Service has access to the GPS and other functions of the Driver's mobile device and may constantly keep the GPS active.
3. Verification
3.1. To pass verification, a person wishing to obtain Driver status must upload to the Service and provide to the Operator the following documents and information, including but not limited to:
3.1.1. Identity card;
3.1.2. Police clearance certificate;
3.1.3. Valid driver's license;
3.1.4. Vehicle registration certificate, lease agreement, or power of attorney;
3.1.5. GPS-enabled mobile device;
3.1.6. Phone number;
3.1.7. Email address;
3.1.8. Residential and registered address.
3.2. The Operator reserves the right, at any time, to request from the Driver additional documents required by the legislation of the Republic of Azerbaijan and necessary for the purposes of the Service.
3.3. After all documents and information have been uploaded to the Service, the Operator verifies them.
If the documents meet the requirements of the Terms, the Driver is notified of verification, and a personal account and virtual account are created in the Service.
3.4. The Driver warrants that:
3.4.1. He/she will personally perform Towing Services, will not allow others to use his/her account, and will not use third-party accounts;
3.4.2. He/she will not use Towing Services for illegal or prohibited purposes, and will not abuse or manipulate the functionality of the Service (including manipulating GPS location, etc.);
3.4.3. He/she will use the Service in good faith and will not provide false information to obtain bonuses;
3.4.4. He/she will fully comply with all laws and regulations applicable to the service provided and personal data (but not limited to);
3.4.5. He/she will not attempt to access the source code of the Service;
3.4.6. He/she will not modify his/her personal account in any form or by any means;
3.4.7. Will not distribute viruses or malicious files that could harm the operation of the Service;
3.4.8. Will independently pay all taxes and mandatory payments arising from the provision of services.
3.5. To accept orders, the Driver is required to make an advance payment to the Operator.
This payment is reflected in the Driver's deposit account in the Service. The minimum advance payment amount is 20 manat. If the balance is less than 1 manat, the ability to accept Orders is limited. Also, if the commission for an Order exceeds the balance, the Driver will not be able to accept that Order.
3.6. For each successfully completed Order, the Driver pays a commission to the Operator in the following amount:
3.6.1. For drivers verified before February 1, 2026, for the first month - 5%, from the second month - 20% of the cost of each Order;
3.6.2. For drivers registered after February 1, 2026 — 20% of the cost of each Order.
3.7. If the Driver places advertising information for the Service on their vehicle (in accordance with Section 4), the commission rate specified in Sections 3.6.1 (starting from the second month) and 3.6.2 of these Terms will be 15% of the cost of each Order. The commission will be 15% of the cost of the Order.
3.8. The Driver agrees that any service fees due to the Operator without the Driver's consent will be deducted from the prepayment made by the Driver. The balance in the deposit account is displayed in real time.
3.9. Information about completed orders, payments, service fees, and other data is displayed in the Driver's personal account.
4. Advertising
4.1. The Operator may provide the Driver with stickers, signs, or other advertising materials for placement on the vehicle.
4.2. The Driver agrees to obtain all necessary permits and make all necessary payments related to the placement of signs, labels, stickers, or other markings related to the Service on the vehicle, and that the Driver will independently resolve any negative situations related to the placement of signs, labels, stickers, or other markings related to the Service on the vehicle without the participation of the Operator.
4.3. The Driver confirms that all copyrights and trademarks, including source code, databases, logos, and visual elements, are protected by the Operator and by copyright, trademark, and/or trade secret laws, as well as international treaties. The Driver does not acquire any intellectual property rights as a result ofusing the Service.
5. Provision of Towing Services
5.1. The Driver undertakes to comply with the following requirements when providing towing services:
5.1.1. Comply with business ethics rules;
5.1.2. Provide towing services professionally;
5.1.3. Choose the shortest and safest route when providing towing services;
5.1.4. Stop the vehicle during towing services without the Customer's permission or without a valid reason;
5.1.5. Not transport other objects or vehicles while transporting the Customer's vehicle;
5.1.6. Comply with all applicable traffic rules and regulations.
5.2. The Driver determines the time of towing services at their sole discretion. The Driver accepts, rejects, or refuses Orders placed by the Customer at their sole discretion.
5.3. The Driver is obligated, at their own expense, to provide and maintain all equipment and facilities necessary for providing the Towing Service. The Driver is also responsible for paying all expenses incurred by you in providing the Towing Service (including, but not limited to, fuel, mobile data, tolls, vehicle depreciation, insurance, applicable income, corporate, or payroll taxes, etc.).
6. Driver Support
6.1. The Operator provides support to drivers regarding the use of the Service via email: info@portgo.az.
7. Rating
7.1. The Driver agrees that the Client may leave feedback on the quality of the Driver's services.
7.2. In addition to the rating determined based on the Client's feedback, the Operator may rate the Driver's performance.
7.3. A minimum average rating and a minimum score may be established that Drivers must achieve and maintain to ensure reliable service to Clients. If the Driver fails to achieve the established rating, their personal account may be automatically temporarily or permanently blocked.
8. Personal Data
8.1. The Driver confirms that by accepting these Terms, they accept the terms of the Privacy Policy posted on the Service, and this constitutes written consent to the use of personal data, accepted in accordance with applicable laws and regulations.
8.2. The Driver undertakes to take all reasonable steps to ensure the confidentiality of information provided to the Driver by the Service for the purposes of providing towing services and to comply with the Privacy Policy and applicable laws if this information contains the Client's personal data.
9. Term, Suspension, and Termination
9.1. The Driver may terminate these Terms by giving the Operator at least seven (7) days' notice, after which the right to use the Service will cease. The Operator may terminate the right to use the Service at any time and for any reason at its sole discretion, without notice to the Driver.
10. Liability
10.1. The Operator does not guarantee or warrant the uninterrupted or error-free use of the Service. Should any malfunctions occur in the Service, the Operator will endeavor to resolve them as soon as possible.
10.2. The Driver agrees that the Service is not responsible for the actions or inactions of the Client and is not liable for any damage caused to the Client by the Driver.
10.3. In the event of harm to the Client or third parties as a result of the failure to provide the Service, poor service quality, or other actions of the Driver, the Driver will compensate such damage.
10.4. In any event, the Operator's financial liability is limited to 100 (one hundred) manat.
11. Other Terms
11.1. The Operator may unilaterally amend these Terms at any time. Such amendments shall take effect upon their publication on the Service. In the event of such amendments, the Operator will notify the Client of the amendments by sending a notification to their personal account. 11.2. In the following cases, the Operator may block the Driver's personal account and restrict their right to use the Service:
11.2.1. If the Driver, within the scope of these Terms, engages in unethical behavior or aggressive actions against the Client or third parties;
11.2.2. If there is a suspicion of the Driver abusing the rights and opportunities provided by the Service;
11.2.3. In all other cases, without explanation.
