TERMS AND CONDITIONS OF USE OF THE SURFCARONA PLATFORM

Attention! We request that the User read the following terms so that we can proceed and ensure greater security in the provision of services.

THE USER’S AGREEMENT WITH THIS TERM IMPLIES ACCEPTANCE OF THE ENTIRE CONTENT PRESENT IN THE APPLICATION. Furthermore, agreeing to this term is essential to proceed with the use of the PLATFORM.

The conditions of this Term apply to the use of all services provided by the platform SURFCARONA LTDA, a company duly registered with the CNPJ n. 49.800.572/0001-44, located at Rua Apa, n. 8, in the Lagoa da Conceição neighborhood, with ZIP code 88062-135, through its application.

The USER is understood to mean any individual or legal entity using the SURFCARONA PLATFORM for any purpose related to the activities and services provided by the Company.

The USER also freely and explicitly consents to the conditions established in all other terms derived from this PLATFORM, in compliance with Brazilian legislation, specifically Decree 7.962/2013.

TERMS USED IN THIS DOCUMENT

PASSENGER USER: Any individual who uses the platform for the purpose of the service provided, including third parties, even if they do not actively use the application.

DRIVER USER: An individual duly qualified to drive their own motor vehicle, governed by the internal regulations of this application, as they use the platform as a tool for performing the activity.

SPECIAL OBJECTS: Objects that must necessarily be transported as an essential condition for the trip to take place.

PLATFORM: The software that is the object of this contract, intended for the provision of services specified in the “SERVICES PROVIDED” section.

MANAGERS: Administrators and regulatory agents responsible for managing the Application.

COLLABORATORS: Employees, service providers, workers, or any other form of contracted team members working for the PLATFORM.

SERVICES PROVIDED

The SURFCARONA platform is an application that offers ride-sharing to the general public. PLATFORM USERS can register in the application to provide or benefit from the services.

The differentiating feature of the service provided is the possibility for PASSENGER USERS to opt for the transport of their luggage when it exceeds conventional sizes. An example of this is a surfboard.

Furthermore, the application also facilitates prior arrangements between PASSENGER USERS and DRIVER USERS regarding the transport of PETS, avoiding any inconvenience before the trip.

The platform only grants, through a license, access and use of the application on the USER’S personal device for their use in compliance with the “SERVICES” demonstrated here for personal purposes, prohibiting commercial use.

Under no circumstances will ownership or any other rights over the PLATFORM be transferred to its USERS or any other individuals not duly authorized.

It is prohibited for any individual, USER, or third party to perform virtual activities that could harm the PLATFORM.

HOW TO USE THIS SERVICE

The services may be provided as follows:

Intermediation between PASSENGER USERS and DRIVER USERS to transport people, with or without the option of sharing with other PASSENGER USERS.

Intermediation between PASSENGER USERS and DRIVER USERS to transport people and small, medium, or large objects, particularly surfboards, with or without the option of sharing with other PASSENGER USERS.

Intermediation between PASSENGER USERS and DRIVER USERS to transport people and small, medium, or large pets, with prior approval from the DRIVER USER regarding the permitted conditions for animals in the vehicle.

PASSENGER USER REGISTRATION

The PASSENGER USER registering must be at least 18 years old, with full legal capacity for civil acts, and maintain a personal account on the application, as provided in Articles 3, 4, and 5 of the Civil Code.

For PASSENGER USERS under the age of 12, registration is allowed only with the consent of their legal guardians or when duly represented by someone with such authority.

The PASSENGER USER registering must provide the following documents:

Original photo ID or similar document.
A selfie with the complete original identification document.
A photo of the registered passenger for their profile.

The USER must also provide a selfie holding the identification document at the exact moment of registration, under penalty of registration denial.

DRIVER USER REGISTRATION

The DRIVER USER registering must provide the following documents:

Valid driver’s license (CNH) with the “EAR” observation.
Negative Criminal Record Certificate.
Photographs of the vehicle to be registered for inspection.
Proof that the vehicle is duly licensed for the current year (to be renewed annually under penalty of deregistration): Vehicle Registration and Licensing Certificate (CRLV).
Municipal documents as required.

Photocopies or scanned documents will not be accepted, only photographs of original documents.

After submitting all registration information, the document review process will take approximately 10 business days for activation on the platform.

If the DRIVER USER’S registration is not approved, the PLATFORM will send an email with a detailed explanation of the reason for the rejection.

COMMUNICATION CHANNELS

The SURFCARONA platform provides various support channels for USERS to file complaints, raise issues, or share their opinions about the service provided. To do so, the USER can search for the chat within the application and communicate with one of the attendants.

USER RIGHTS AND RESPONSIBILITIES

USERS acknowledge that they must report any complaints about failures, insufficiencies, or poor service related to the PLATFORM, or any problems of any nature, directly to the PROVIDER.

USERS acknowledge that the service offered solely serves to mediate between PASSENGER USERS and DRIVER USERS and that any incident or activity outside the scope of this agreement is entirely the responsibility of the party causing it.

USERS agree not to remove any copyright, trademark, or similar notices within the PLATFORM.

USERS also may not reproduce, alter, or copy even parts of the PLATFORM system, nor perform any action other than those expressly permitted by the SURFCARONA application’s TERMS OF USE.

It is forbidden for USERS or third parties to disassemble the Services provided on the platform, perform reverse engineering, or reproduce the Services in any form.

USERS will indemnify the PLATFORM and its managers, even through indemnity rights, for any claims arising from breaches of these Terms and Conditions or the violation of any law or third-party rights.

This document is an integral part of all other terms presented to users via this platform and assumes their consent regarding data protection as set forth in the PRIVACY POLICY, in compliance with Law 13.079/2018.

PLATFORM RESPONSIBILITIES

The PLATFORM’S obligations to its USERS are limited to providing a virtual environment for mediation and connection between PASSENGER USERS and DRIVER USERS with the same purpose, as long as they are duly registered, for transporting people, objects, pets, or all of these together, as described in the “HOW TO USE THIS SERVICE” section.

The PLATFORM and its MANAGERS are not responsible for any actions performed by USERS, whether DRIVER USERS or PASSENGER USERS, as it is factually impossible to prevent any actions outside the scope of the agreement.

Any actions by DRIVER USERS, PASSENGER USERS, or third parties are entirely the responsibility of the party causing them, as they are subjective risks beyond the PLATFORM’S control.

The PLATFORM is not responsible for damages, losses, defects, or any conduct that harms transported objects, passengers, or pets, as such conduct falls outside the scope of user mediation.

The PLATFORM and its MANAGERS will not be held responsible for damages arising from third-party actions, such as hacking, despite using all available legal means to ensure data security.

The PLATFORM is committed to protecting data through high-security servers or equivalent measures and maintaining the confidentiality of all user information and records.

The PLATFORM is not liable for system failures, interruptions, errors, delays, or slowness during planned maintenance with a minimum notice of 48 hours, except for emergency maintenance that prevents prior notification.

DATA PROTECTION

This document adheres to all guidelines outlined in the PRIVACY POLICY.

In case of termination of Services, USERS authorize the PLATFORM to archive trip data and history indefinitely, with data deletion only upon the explicit, written, and substantiated request of the data owner, per Law 13.709/2018.

GENERAL PROVISIONS

The following documents, also available on the PLATFORM, are integral and inseparable parts of these Terms and Conditions:

Privacy Statement

USERS are aware that, after registering in the application, the PLATFORM may send text messages through SMS, WhatsApp, as needed.

All intellectual or industrial property rights related to the services described in these Terms and Conditions, the Website, the Application, the Platform, including copyright, belong exclusively to the PLATFORM.

These Terms and Conditions do not transfer intellectual or industrial property rights to any USER.

Taxes and charges, including social security and labor obligations, arising from this agreement will be borne exclusively by the responsible USER.

Brazilian law applies to these Terms and Conditions, prevailing over any other jurisdiction.

USERS declare they have read, understood, and accepted all the rules, conditions, and obligations established in this TERM.

For any disputes arising from the interpretation or fulfillment of this TERM, the parties agree to the jurisdiction of the Court of Florianópolis - SC.