Terms & Conditions
1. INTRODUCTION AND DEFINITIONS
1.1. Welcome
Welcome to MOOVA. These Terms and Conditions of Use (the "Terms") govern the use of:
The MOOVA mobile application (the "App")
The website moovaride.com (the "Site")
All related services (collectively, the "Services")
1.2. Operational Structure
MOOVA operates under a decentralized structure:
LUNA International LLC is the owner of the technology and intellectual property of the MOOVA platform.
ENERGENYS, S.A. de C.V. is the master licensee authorized by LUNA.
In each country, a Local Operator (locally incorporated legal entity) operates the Services under license from ENERGENYS.
In your country, the Services are provided by the corresponding Local Operator. References to "MOOVA", "we", "our", or "us" in these Terms refer to the Local Operator providing the Services in your jurisdiction.
1.3. Applicable Documents
These Terms are complemented by:
Our Privacy Policy
Country-specific terms that may apply
Additional agreements for specific features
2. ACCEPTANCE OF TERMS
2.1. Acceptance
By accessing or using the Services, you agree:
To be legally bound by these Terms
To comply with all applicable laws and regulations
To be at least 18 years old or have legal capacity according to your jurisdiction
2.2. Updates
We reserve the right to modify these Terms. Updates will be published on the Site and notified through the App. Continued use after changes implies acceptance.
3. NATURE OF THE SERVICES
3.1. Technology Platform
MOOVA is a technology platform that connects:
Users who need transportation services
Independent Service Providers who offer transportation services
MOOVA IS NOT A TRANSPORTATION SERVICE PROVIDER. We do not employ drivers, do not own vehicles, and do not control or direct Service Providers.
3.2. Relationship with Service Providers
Service Providers are INDEPENDENT CONTRACTORS, not employees, agents, or partners of MOOVA. Each Service Provider:
Owns or controls their vehicle
Sets their own work schedules
May work with other platforms
Is responsible for their own tax obligations, permits, licenses, and insurance
Receives payments as independent contractors, without employment withholdings
3.3. Direct Agreements
Each transportation service is a DIRECT AND EXCLUSIVE AGREEMENT between the User and the Service Provider. MOOVA is not a party to this agreement.
4. REGISTRATION AND ACCOUNTS
4.1. Account Creation
To use the Services, you must create an account with accurate and complete information. You are responsible for:
Maintaining the confidentiality of your credentials
All activity on your account
Notifying us immediately of unauthorized use
4.2. Verifications
We may request documentation for identity verification, payment capability, or regulatory compliance.
4.3. Suspension or Cancellation
We may suspend or cancel accounts for:
Breach of these Terms
Fraudulent activities
Abusive behavior
Legal or regulatory requirements
5. SERVICE REQUEST PROCESS
5.1. Ride Request
Users may request transportation services through the App by indicating:
Pickup location
Destination
Type of service required
5.2. Assignment
The platform connects the request with available Service Providers based on:
Proximity
Availability
User preferences
5.3. Pricing and Fees
Fares are calculated considering:
Estimated distance and time
Base rates
Dynamic pricing during high demand
Applicable taxes
Platform commissions
Displayed prices are estimates. The final price may vary due to traffic conditions, alternative routes, or waiting times.
6. PAYMENTS AND TAX ASPECTS
6.1. Payment Methods
We accept various payment methods according to availability in your country:
Credit/debit cards
In-app wallet systems
Cash (when available)
Other local methods
6.2. Payment Processing
Payment processing structure varies by country:
In some countries: Payments are processed by LUNA International LLC as "Merchant of Record"
In other countries: Payments are processed locally by the Local Operator
6.3. Country-Specific Tax Considerations
IN COSTA RICA AND SIMILAR COUNTRIES:
Payments with locally issued cards to a foreign merchant may be subject to automatic tax withholding (e.g., 13% VAT in Costa Rica)
This tax is withheld by your bank and does not form part of the final balance or payment
You will be clearly informed before completing transactions subject to this withholding
6.4. Wallet and Top-ups
You may top up your wallet within the app
Top-ups may have different tax treatments depending on the payment method
Wallet balances may have usage restrictions according to local regulations
6.5. Invoicing
You will receive receipts or invoices as required by local legislation
It is your responsibility to provide correct information for invoicing
6.6. Refunds and Disputes
Refunds follow our published policies
Payment disputes must be reported within established deadlines
We may offer non-binding dispute resolution mechanisms
7. USER RESPONSIBILITIES
7.1. Behavior
You agree to:
Treat everyone with respect
Not damage vehicles or property
Not request illegal services
Not transport prohibited items
Use seat belts
7.2. Accurate Information
You must provide accurate information, especially:
Correct locations
Correct number of passengers
Special needs (if applicable)
7.3. Forgotten Items
Report forgotten items immediately. MOOVA is not responsible for lost items.
8. SAFETY AND INSURANCE
8.1. Safety
MOOVA implements security measures, but:
It is your responsibility to verify the driver's identity
Share trip information with trusted contacts
Report suspicious behavior
8.2. Insurance
Service Providers must maintain valid insurance according to local law
MOOVA may maintain complementary insurance where available
Coverage details are available upon request
9. INTELLECTUAL PROPERTY
9.1. MOOVA's Rights
All content, software, trademarks, and intellectual property of the platform are owned by LUNA International LLC or its licensors, and are protected by international laws.
9.2. Limited License
We grant you a limited, non-exclusive, non-transferable, and revocable license to use the App and Services according to these Terms.
9.3. User Content
By providing content, you grant us a license to use it in the operation of the Services.
10. LIMITATION OF LIABILITY
10.1. Warranty Disclaimer
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE". WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, TO THE MAXIMUM EXTENT PERMITTED BY LAW.
10.2. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, MOOVA WILL NOT BE LIABLE FOR:
INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES
LOSS OF DATA OR PROFITS
ISSUES RELATED TO SERVICE PROVIDERS
EVENTS BEYOND OUR CONTROL
10.3. Maximum Liability
OUR MAXIMUM LIABILITY TO YOU FOR ANY CLAIM WILL NOT EXCEED THE AMOUNT PAID BY YOU IN THE LAST 6 MONTHS.
11. INDEMNIFICATION
You agree to indemnify and hold harmless MOOVA, its affiliates, and their respective directors, officers, employees, and agents from any claim, demand, loss, liability, and expense (including attorneys' fees) arising from:
Your use of the Services
Your breach of these Terms
Your violation of third-party rights
Your interaction with Service Providers
12. CONFIDENTIALITY
12.1. Data Protection
We protect your data according to our Privacy Policy and applicable laws.
12.2. Communications
We may send you communications regarding:
Your account
Requested services
Important updates
Offers (you may opt-out)
13. TERMINATION
13.1. By User
You may stop using the Services at any time.
13.2. By MOOVA
We may terminate or suspend your access for:
Breach of these Terms
Abusive or fraudulent behavior
Legal requirements
14. GOVERNING LAW AND DISPUTE RESOLUTION
14.1. Governing Law
These Terms are governed by the laws of the country where the Services are provided.
14.2. Dispute Resolution
PREFERENCE FOR NEGOTIATION: We will attempt to resolve disputes amicably.
ARBITRATION: Any dispute not resolved through negotiation shall be settled by binding arbitration in the corresponding country, according to applicable rules.
WAIVER OF CLASS ACTIONS: You waive participation in class or representative actions, to the maximum extent permitted by law.
14.3. Venue
Any legal proceeding (outside of arbitration) shall be in the competent courts of the country where the Services are provided.
15. GENERAL PROVISIONS
15.1. Severability
If any provision is invalid, the others remain in effect.
15.2. No Waiver
Failure to enforce a right does not constitute a waiver.
15.3. Assignment
You may not assign these Terms without our consent. We may assign them to an affiliate or in a merger/acquisition.
15.4. Relationship of the Parties
Nothing in these Terms creates a partnership, joint venture, employment, or agency relationship.
15.5. Force Majeure
We are not responsible for delays or failures caused by events beyond our reasonable control.
15.6. Notices
Notices may be sent by:
In-App message
Email
Publication on the Site
15.7. Language
The English version shall prevail over translations in case of conflict.
16. CONTACT INFORMATION
For questions, complaints, or legal notices:
ENERGENYS, S.A. de C.V.
Av. Las Acacias 127, colonia San Benito, San Salvador, El Salvador, info@energenys.com
TECHNOLOGY OWNER:
LUNA International LLC
7901 4th St. N. STE 300, St. Petersburg, FL 33702
info@moovaride.com