Terms of Service

1. Platform Overview

1.1 Service Description

Mikano operates a technology platform that connects customers requiring roadside assistance with independent service providers ("Professionals") in Ontario, Canada. We facilitate these connections but do not directly provide roadside assistance, towing, or mechanical services.

1.2 Platform Role

Mikano acts solely as an intermediary. We:

• Provide technology to facilitate service requests and offers
• Process payments on behalf of Professionals
• Maintain user profiles and ratings
• Do NOT employ service providers or guarantee service quality
• Are NOT responsible for the actions of Professionals or Customers

2. User Eligibility and Accounts

2.1 Age Requirement

You must be at least 18 years old to use Mikano's services. By creating an account, you represent that you meet this requirement.

2.2 Account Registration

To use our platform, you must:

• Provide accurate, complete, and current information
• Maintain the security of your account credentials
• Promptly update any changes to your information
• Not share your account with others
• Notify us immediately of unauthorized access

2.3 Account Types

Customer Accounts: For individuals requesting roadside assistance

Professional Accounts: For licensed service providers offering roadside assistance services

2.4 Account Termination

We reserve the right to suspend or terminate accounts that:

• Violate these Terms of Service
• Engage in fraudulent activity
• Receive multiple negative ratings or complaints
• Pose safety or security risks
• Remain inactive for extended periods

3. Services for Customers

3.1 Requesting Service

When requesting roadside assistance:

• Provide accurate location and vehicle information
• Describe the issue truthfully and completely
• Respond promptly to Professional communications
• Be present at the service location
• Ensure safe access to your vehicle

3.2 Service Acceptance

Once you accept a Professional's offer:

• You enter into a binding service agreement with that Professional
• Pricing and service terms are as stated in the accepted offer
• Cancellations may incur fees (see Section 5)
• Payment is processed through Mikano's platform

3.3 Customer Responsibilities

As a customer, you must:

• Treat Professionals with respect and courtesy
• Follow reasonable safety instructions
• Pay for services as agreed
• Provide honest feedback and ratings
• Not request services for illegal purposes

4. Services for Professionals

4.1 Professional Requirements

To offer services on Mikano, you must:

• Hold all required licenses and permits for your services in Ontario
• Maintain valid commercial insurance coverage
• Possess necessary equipment and vehicles
• Comply with all applicable laws and regulations
• Pass Mikano's verification process

4.2 Verification and Background Checks

Professionals must provide:

• Valid driver's license
• Proof of commercial liability insurance
• Business registration documents
• Professional certifications (if applicable)
• Vehicle registration and safety certificates

Mikano reserves the right to conduct ongoing verification checks.

4.3 Service Standards

Professionals must:

• Respond to requests promptly and professionally
• Arrive within stated timeframes
• Perform services with due care and skill
• Use appropriate equipment and safe practices
• Communicate clearly with customers
• Honor pricing stated in accepted offers
• Maintain accurate location tracking during service

4.4 Professional Conduct

Professionals must NOT:

• Request payment outside the Mikano platform
• Solicit customers for off-platform services
• Discriminate based on protected characteristics
• Engage in harassment or inappropriate behavior
• Subcontract services without disclosure
• Operate under the influence of alcohol or drugs

4.5 Independent Contractor Status

Professionals are independent contractors, not employees of Mikano. This means:

• You control when and how you work
• You are responsible for your own taxes and insurance
• You are not entitled to employee benefits
• You maintain your own business operations
• Mikano does not supervise your work methods

5. Pricing and Payments

5.1 Service Pricing

• Professionals set their own service prices
• Prices are displayed before customer acceptance
• Prices include all fees except applicable taxes
• Surge pricing may apply during peak demand

5.2 Platform Fees

Mikano charges:

• Service Fee: 15-20% of service price (paid by Professional)
• Payment Processing: Standard credit card fees
• Booking Fee: May apply for customers (disclosed at checkout)

5.3 Payment Processing

• All payments are processed through Mikano's secure platform
• Customers are charged when service is completed
• Professionals receive payment within 2-3 business days
• Valid payment method required for all users

5.4 Cancellation Fees

Customer Cancellations:

• Free cancellation: Within 2 minutes of request
• 50% fee: After Professional has accepted and is en route
• 100% fee: Within 5 minutes of Professional arrival

Professional Cancellations:

• Excessive cancellations may result in account penalties
• Legitimate cancellations (safety, vehicle issues) are case-by-case

5.5 Refunds and Disputes

• Service quality disputes must be reported within 48 hours
• Refund requests are reviewed on a case-by-case basis
• Mikano may withhold payment pending dispute resolution
• Final decisions on refunds rest with Mikano

6. User Conduct and Prohibited Uses

6.1 Prohibited Activities

Users must NOT:

• Violate any laws or regulations
• Infringe on intellectual property rights
• Transmit malware or harmful code
• Attempt to access unauthorized areas of the platform
• Scrape, data mine, or harvest user information
• Create fake accounts or impersonate others
• Manipulate ratings or reviews
• Engage in price fixing or anti-competitive behavior

6.2 Safety Requirements

• Follow all traffic laws and safety regulations
• Use appropriate safety equipment
• Report accidents or incidents immediately
• Comply with COVID-19 and health guidelines

7. Intellectual Property

7.1 Mikano's IP

All platform content, including logos, text, graphics, software, and trademarks, is owned by Mikano and protected by intellectual property laws. You may not:

• Copy, modify, or distribute our content
• Use our trademarks without permission
• Reverse engineer our software
• Create derivative works

7.2 User Content

By submitting content (reviews, photos, messages), you grant Mikano a non-exclusive, worldwide, royalty-free license to use, display, and distribute that content for platform operation and marketing purposes.

8. Privacy and Data Protection

Your privacy is important to us. Our collection and use of personal information is governed by our Privacy Policy, which incorporates the requirements of:

• Personal Information Protection and Electronic Documents Act (PIPEDA)
• Provincial privacy legislation
• Applicable data protection regulations

Please review our Privacy Policy for detailed information.

9. Liability and Disclaimers

9.1 Service Disclaimer

THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE." MIKANO MAKES NO WARRANTIES, EXPRESS OR IMPLIED, REGARDING:

• Service quality, safety, or reliability
• Professional qualifications or conduct
• Accuracy of user-provided information
• Platform availability or error-free operation

9.2 Limitation of Liability

9.3 Indemnification

You agree to indemnify and hold Mikano harmless from claims, damages, and expenses arising from:

• Your use of the platform
• Your violation of these Terms
• Your violation of third-party rights
• Your provision or receipt of services

10. Insurance and Risk

10.1 Professional Insurance

Professionals must maintain:

• Commercial general liability insurance (minimum $2M)
• Commercial vehicle insurance
• Appropriate business insurance for services offered

10.2 Customer Responsibilities

Customers should:

• Verify their vehicle insurance covers towing/assistance
• Understand service limitations and risks
• Maintain appropriate personal insurance

11. Dispute Resolution

11.1 Internal Resolution

Most disputes can be resolved through our customer support. Contact us first at: [email protected]

11.2 Mediation

If internal resolution fails, parties agree to participate in good-faith mediation before pursuing litigation.

11.3 Governing Law

These Terms are governed by the laws of Ontario and Canada. Any legal actions must be brought in the courts of Ontario.

11.4 Class Action Waiver

You agree to resolve disputes individually and waive the right to participate in class action lawsuits.

12. Modifications to Terms

We may update these Terms periodically. Material changes will be communicated via:

• Email notification
• In-app notification
• Updated "Last Modified" date

Continued use after changes constitutes acceptance. If you disagree with changes, you must stop using the platform.

13. Termination

13.1 By Users

You may terminate your account at any time through app settings or by contacting support.

13.2 By Mikano

We may terminate or suspend access immediately for:

• Terms of Service violations
• Fraudulent activity
• Safety concerns
• Extended inactivity
• Legal requirements

13.3 Effect of Termination

• Access to the platform ceases immediately
• Outstanding payments are still owed
• Certain provisions survive termination (liability, indemnification)

14. Miscellaneous

14.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Mikano.

14.2 Severability

If any provision is found unenforceable, the remaining provisions remain in full effect.

14.3 No Waiver

Failure to enforce any term does not waive our right to enforce it later.

14.4 Assignment

You may not assign these Terms. Mikano may assign these Terms without notice.

14.5 Force Majeure

Mikano is not liable for failures due to circumstances beyond our control (natural disasters, internet outages, etc.).