Terms of Use

1. General provisions

1.1. The Operator

The “Najdi Prevoz” platform (hereinafter: the “Platform”) is offered by Zoran Vasilev, a natural person, with address Kliment Ohridski 242/1/27, 2400 Strumica, Republic of North Macedonia (hereinafter: the “Operator”).

For questions, complaints or requests related to these Terms, write to: support@najdiprevoz.mk.

1.2. Subject matter

These Terms of Use (hereinafter: the “Terms”) govern access to, and the rights, obligations and manner of using, the Platform, which covers all mobile applications, websites and related digital channels managed by the Operator.

1.3. Acceptance of the Terms

By registering, creating a user profile, accessing the Platform, publishing content or using any functionality of the Platform, the user confirms that they have fully read, understood and unconditionally accept these Terms. If the user does not agree with any provision, they must stop using the Platform immediately.

1.4. Amendments

The Operator reserves the right to amend these Terms at any time. The amended Terms will be published on the Platform and take effect on the day of publication. For material changes, the Operator will try to notify registered users by email or an in-app notification. By continuing to use the Platform after the changes are published, the user is deemed to have accepted them.

2. Nature, status and functionality of the Platform

2.1. Nature of the service

The Platform is solely an information-technology intermediary solution (a digital classifieds board / information service) that enables users to create profiles, publish, search, promote and exchange information about transport and related services, and to establish direct contact.

2.2. No carrier status

The Operator of the Platform is not a carrier, taxi operator, public carrier, transport company or tour operator, and does not itself provide passenger or freight transport services or organise trips.

2.3. No licensing

Using the Platform does not constitute granting, transferring or confirming any licence, permit, registration or consent to carry out transport or any other activity under applicable law.

2.4. Payment for transport

The Platform does not charge for, or mediate the payment of, the transport itself. The arrangement, price and payment for the transport take place solely between users and outside the Platform.

3. Who may use the Platform

3.1. Age restriction

The Platform may be used only by persons aged 18 or over. By creating an account, the user confirms that they have reached that age.

3.2. Browsing and registration

Browsing content is free and does not require an account. A registered account is required to publish a listing, save favourites, make contact and use paid services.

4. User account

4.1. Identification

The account is identified by email. Access is possible only after the user confirms their email through the link sent to them.

4.2. Responsibility for the account

The user is responsible for the accuracy of the data they enter and for all activities carried out through their account. If unauthorised access is suspected, the user must notify the Operator immediately.

4.3. Account type

At registration the user chooses a type (passenger, provider or business), which determines which functionalities are available to them.

4.4. Deleting an account

The user may delete their account at any time through the settings in the app. After a deletion request, personal data is removed within the period set out in the Privacy Policy, unless longer retention is legally required.

5. Tokens and paid services

5.1. Nature of tokens

All paid services on the Platform are paid for with tokens. Tokens are a digital credit that is valid solely within the Platform. Tokens are not money, are not electronic money and have no monetary value. They cannot be paid out in cash, converted into denars, transferred or exchanged between users, or resold.

5.2. Types of tokens

There are three types of tokens:

• Bonus tokens – granted free of charge and expire at the end of their monthly period;
• Subscription tokens – come with a package and expire with its period;
• Purchased tokens – do not expire.

When tokens are spent, bonus tokens are used first, then subscription tokens, and purchased tokens last. Before every paid service, the user is shown how many tokens it costs and how many they have available.

5.3. Method of payment and legal status of the seller

Paid services (purchase of tokens, subscription packages and promotional services) are sold through AgentaOS (legal entity: Aristokrates OÜ, Estonia), which acts as the Merchant of Record (the legal seller). The purchase agreement is concluded with AgentaOS, and the Operator is not the seller of the tokens and does not issue invoices for those transactions.

Payment collection, currency, tax (VAT), fees, payments through the App Store and Google Play, as well as refunds and payment disputes, are governed by the Refund Policy, which forms part of these Terms and prevails on those matters.

5.4. Payments through the App Store and Google Play

When tokens or packages are purchased through the App Store or Google Play, the terms of the relevant store also apply. See the Refund Policy for more.

5.5. Subscription packages

The Basic, Silver and Gold packages are paid for with tokens and determine how the user’s profile is displayed. A package is not a condition for publishing a listing.

The package renews automatically from the balance at the end of the period, at the price valid at that moment. Renewal can be turned off at any time. If there are not enough tokens at renewal, the package expires without being charged. An upgrade to a higher package takes effect immediately and is charged in full; the remainder of the previous period is not carried over.

5.6. Paid promotional services

A promoted listing, a highlighted profile, route promotion, an advertising banner and similar services are purchased per day and approved by the Platform. If approval is rejected, the tokens for the rejected days are returned.

Paid promotion is a service of technical positioning and increased digital visibility. Payment is not a guarantee of any contacts, number of views, completion of a ride, gaining passengers or earning any income.

5.7. Refunds

Refunds are governed by the Refund Policy. The Operator does not return tokens as money.

6. Contractual relations between users

6.1. Independence of agreements

All agreements, relationships and arrangements for transport are established and concluded directly and solely between the respective users (providers and seekers of transport).

6.2. Third party

The Operator is not a contracting party, an intermediary with agency powers, or a guarantor in the relationships established between users.

6.3. Freedom of contract

Users define, independently and at their own responsibility, all essential and additional elements of the relationship, including but not limited to: the route, date and time, price, method of payment, cancellation terms and the specific terms of the transport.

7. Obligations and responsibility for published content

7.1. Accuracy and lawfulness

Every user bears full legal and financial responsibility for the accuracy, truthfulness, completeness, timeliness and lawfulness of the content, data and listings they publish on the Platform.

7.2. Prohibited content

Publishing content that is strictly prohibited:

• is false, inaccurate or misleading;
• contains personal data of third parties without an appropriate legal basis or consent;
• infringes copyright, trademarks or other intellectual property rights;
• is contrary to legal regulations, public order or morality;
• has fraudulent, harmful or abusive intent.

7.3. Updating

The user must promptly correct or remove information if its accuracy or relevance changes.

8. Users’ own responsibility

8.1. Legal requirements

Every user is solely responsible for meeting all legal, administrative, tax, safety and professional requirements and obligations that relate to their activity (including holding the appropriate permits, licences, insurance and the technical roadworthiness of vehicles).

8.2. No assumption of responsibility

The Operator does not verify, and does not assume responsibility for, whether users meet the legal requirements for carrying out the specific activity.

9. Exclusion of liability regarding the carrying out of transport

9.1. No guarantee

The Operator does not guarantee the realisation, quality, safety or accuracy of the transport agreed between users.

9.2. Limitation of liability

To the fullest extent permitted by applicable law, the Platform and its Operator are not liable for:

• delay, cancellation, a change of route or a no-show by any of the parties;
• any dispute or disagreement arising from the relationship between users;
• loss, damage or theft of luggage, parcels or property;
• bodily injury, damage to health or material / non-material damage occurring during or in connection with the transport;
• any damage arising from the use of, or inability to use, the Platform.

10. Availability and functionality of the Platform

10.1. Technical availability

The Operator makes reasonable efforts to keep the Platform available without interruption, but does not guarantee that it will operate without interruption, on time, securely or free of technical errors.

10.2. Interruptions

The availability of the Platform may be temporarily limited or interrupted due to technical maintenance, upgrades, failures, telecommunication outages, security reasons or events of force majeure beyond the Operator’s control.

11. Communication between users

11.1. Channels

The Platform may enable direct contact between users through the app interface, phone, email or third-party platforms (Viber, WhatsApp, etc.).

11.2. Responsibility

Once contact is established, communication takes place solely between the users. The Operator is not responsible for the content, tone or consequences of their mutual communication.

12. Prohibited activities

The user undertakes not to use the Platform for:

• carrying out unlawful activities or enabling such activities;
• unauthorised harvesting, indexing or automated collection of data (data scraping);
• distributing malware or viruses, or compromising the security system;
• impersonating another natural person or legal entity without authorisation;
• any activities that disrupt the regular operation and integrity of the Platform.

13. Measures in case of violation and suspension

13.1. Right of removal

The Operator reserves the right, at its own discretion or upon receipt of a report, to temporarily or permanently remove content, restrict or fully block a user profile, if there is reasonable suspicion of a breach of these Terms, of legal regulations or of the rights of third parties.

13.2. Procedure

When taking measures, the Operator will act in accordance with the applicable legal provisions on digital services and consumer protection.

14. Intellectual property

All copyrights, trademarks, software code, design, logos and brands related to the Platform are the exclusive property of the Operator or its licensors. Any unauthorised copying, modification or commercial exploitation is strictly prohibited.

15. Indemnification

The user undertakes to indemnify and hold the Operator harmless from all claims, damages, costs (including reasonable legal fees) and liabilities arising from:

• the user’s breach of these Terms;
• the content they publish;
• using the Platform in a way that infringes the rights of third parties or applicable laws.

16. Protection of personal data

The processing of users’ personal data is carried out in accordance with the Law on Personal Data Protection of the Republic of North Macedonia and the separate Privacy Policy published on the Platform.

17. Limitation of statutory liability

17.1. Statutory scope

The Operator is liable for its own services solely to the extent and under the conditions set by mandatory statutory provisions.

17.2. Unconditional protection

No provision of these Terms is intended to, or can, have the effect of excluding or limiting the mandatory rights of consumers and users which, under applicable law, cannot be excluded by contract.

18. Applicable law and jurisdiction

18.1. Applicable law

The law of the Republic of North Macedonia applies to all matters and disputes arising from or relating to the use of the Platform and these Terms.

18.2. Dispute resolution

Any disputes will first be resolved amicably. If that is not possible, the court with subject-matter jurisdiction in the Republic of North Macedonia has jurisdiction to resolve the dispute.

19. Final provisions

19.1. Severability

If any provision of these Terms is found to be void, invalid or unenforceable, that provision will not affect the legal validity and enforceability of the remaining provisions.

19.2. Entire agreement

These Terms, together with the Privacy Policy, constitute the entire agreement between the user and the Operator regarding the use of the Platform and replace all previous contractual relations on the same subject.