- Prontopia is an American Public Benefit Corporation committed to cultivating awareness of human rights through human connection and global understanding. Through targeted basic action, Prontopia wants to help travelers, local people and local communities to live better together in their own city .
- Prontopia has created a virtual platform (hereinafter Platform) through which people who live, work in the city, or even just pass through, can get in touch with each other;
- Prontopia was born to connects traveler and residents ( “Customer”) with a Local ( “Prontopia Local” or “Local”) to give a helping hand to reach any place in town. The Local offers basic assistance with light luggage or shopping items and provides useful information and orientation for the city, including information on available transportation options and other services ;
- Prontopia is not a travel agency, it does not organize isolated trips, group tours or cruises, excursions or guided tours of the city, it does not book or buy travel tickets or shows , it does not manage relations with hotels, shipping or collection of baggage;
- Given the success of its Platform, Prontopia has decided to offer the same possibilities, in addition to the Local, to anyone else who shares the principles and the values on which Prontopia is founded , and want to bring their skills into Prontopia: Tour guides, Tourist accompaniers, Photographers, Artists, etc … (hereinafter only the Professional/s)
- Prontopia allows all of them to meet the Customer within their Platform through connection to their website (hereinafter only “Site”) or through an application (hereinafter “App”) that Customer, Local and Professionals (hereafter indistinctly “Users”) must download within their device (mobile or tablet) and with which the Customer comes into contact with the Local or with the Professional (hereinafter “Contact”);
- The Customer has the duty to pay the Local or the Professional (hereafter indistinctly “Supplier”) for the Work performed, on the basis of a timed tariff which is calculated from Prontopia from the time of the first meeting (hereinafter “Contact”) until the Work is completed;
- To this end Prontopia, thanks to its App will monitor the moment in which the Contact takes place until it is completed;
- Apart from such geolocation data, Prontopia does not carry out any checks on Users, who must be fully responsible for their behavior and for the application of all Prontopia principles, such as correctness, punctuality, courtesy and kindness, all summarized in our Policies ( link );
- For this reason, all Users must be of legal age, in full ability to act and must inform the other Users, through Prontopia, of any problem that may jeopardize the correct execution of the request;
- When you make it available to the Contact via the Site or the App, and if you do so, the Local will have to meet the Customer without delay, provide him with the logistical information and assistance necessary to reach the requested destination, possibly helping him with light baggage or purchases, all with the utmost courtesy and kindness;
- In the same way the Professional who will be called to provide his own specialized service must behave;
- Prontopia does not allow and avoids any use of its Platform that does not comply with the law, through which, for examples, sexual services or any kind of erotica cannot be provided in any way;
- The Users must therefore confirm they are not being investigated and do not having convictions for aggression, violence or sexual harassment;
- Prontopia, as an on-demand service, does not guarantee any continuity of benefit or gain for the Local or Professional, which will always be free to decide when and if they become available and for how long, to be contacted by any customer who will address the Platform.
* * *
Prontopia: Prontopia Inc. Corporation is US law-based and owner of all rights, including copyright, on the Platform;
Platform: virtual platform through which Users can get in touch with each other;
Site: means the website of Prontopia, currently combined with the domain name prontopia.com;
App : means the “Prontopia Local City Guide” and “Prontopia Provider” apps that can be downloaded via the Google Play and Apple store platforms, according to the rules of use applied by them;
Customer: travelers – for tourist or business reasons – or residents who require the provision of a service, professional or not, by those who live in the city of Venice, Florence or Rome;
Local: inhabitant of one of the cities where Prontopia is active with its own service; the activity of the Local takes the form of meeting the Customer, providing him with the logistic information and assisting him to reach the required destination, even helping him with light luggage or other items to carry in his possession, all with the utmost courtesy and kindness;
Professional: inhabitant, of one of the cities where Prontopia is active with its own service, equipped with a specialized expertise that makes available to the Customer through the Platform;
Supplier: anyone, Local or Professional, who wishes to provide his own work through the Platform with the utmost courtesy and kindness in respect of Prontopia principles and values;
Contact / s : the meeting between the Supplier and the Customer organized through the App or the Site;
Work : the service provided by the Supplier to the Customer through the Platform;
Account : means the features that Prontopia makes available to the user who wishes to benefit from the Platform, upon release of their credentials;
User : means any person, Customer or Supplier, who signs up within the Platform and creates an account;
Each User has the burden of providing any personal information necessary to Prontopia, including the address of residence or domicile, telephone number and email, the type of cell phone he uses, as well as any information required by Prontopia to ensure the activation of the Account and the supply of the Platform items and to guarantee respect for the principles and values that distinguish it.
The User guarantees they are not currently under criminal investigation and they have no convictions for assault, violence or sexual harassment.
- Methods of using the Platform
The modalities with which the contacts between Prontopia, the Suppliers and the Customer will be managed will vary over time, according to the needs and technological development.
For the use of the Platform all the Parties, Customer and Providers, must necessarily accept Prontopia principles and values (link) and apply them whenever they use the Platform or provide/receive the Work.
Once the Contact is accepted, the Provider is obligated to complete the Work and cannot cease it or leave it incomplete. In case of problems during the performance of the Work that could limit it or make it impossible to do so, the Provider is responsible for communicating it immediately to Prontopia.
During the period of provision of the service, the Provider and the Customer are required to remain accessible through any communication channel indicated by Prontopia, including the App, SMS, WhatsApp, telephone or e-mail.
Use by the PROVIDER
The Work will be carried out in complete autonomy in any of the cities where Prontopia is active. The Provider must create his own Account, within the Site or the App, which will activate whenever he wishes to lend his Work. When using the App, the Provider will have the burden of downloading it into a compatible device.
The Provider guarantees to be in full capacity to perform the requested Work, to be of age and to have full ability to act. Furthermore, the Professional declares and grants to have the permits and / or licenses to perform the Work, and when requested, all the tools and organizational skills required for the Work.
The relationship between the Provider and Prontopia takes place without any subordination restriction, defying, by specific common choice, any character of subordinate employment. The present GTU do not involve the creation of any de facto company or common organization between Prontopia, the Providers and the Customers, even among them, so that each one remains independent and responsible for its own activity.
Use of the Site : Prontopia will indicate to the Provider by e-mail, Whatsapp or sms the reservation made by the Customer. The Provider must confirm his or her acceptance by sending a message. Once the Work is finished, the Provider will have the duty to send the start and end times of the Work within one hour after leaving the Customer.
Use of the App : The Provider has the burden of indicating its availability within the App whenever it wishes to provide its Work to Customer. Once you have indicated your availability and for the entire duration of it, the Local is obliged to respond to all requests that will be indicated through the App. For this purpose, during the period in which he has indicated his availability within the App, the Supplier will have the obligation to respond to any written or oral requests that will arrive from Prontopia.
The indication of availability does not guarantee the assignment of any Work. Once accepted, the Supplier has the obligation to complete the Work and cannot cease it or leave it incomplete. In case of problems, before or during the Work that limit or make the service impossible, the Provider has the obligation to communicate it without delay to Prontopia.
During the supply of the Work, the Provider has the obligation to remain available via any communication channel indicated by Prontopia, i.e., the App (if activated) or SMS, WhatsApp, telephone or mail.
The Provider has the duty to perform his or her work with the utmost diligence and in respect of the Customer, following Prontopia principles and values.
In the execution of the Work, the Provider may contact the area manager, who will provide him or her with any information he may need.
Use by the Customer
The Customer guarantees to be of age and to have full ability to act and to make commitments towards other subjects .
The present GTU do not involve the creation of any de facto company or common organization between Prontopia, the Providers and the Customers, even among them, so that each one remains independent and responsible for its own activity.
Use of the Website
Customers can book a Connection with a Provider from the Prontopia website booking form for a future date or time with a minimum of 60 minutes notice. Customers will be informed by e-mail with the confirmation of their reservation and will receive a second e-mail with the name and information of the assigned Supplier within 7-10 days from the scheduled Contact date. The Customer may cancel the booking at any time within 60 minutes before the scheduled date and time
Use of the App :
Customers can book a Connection with a Provider through the app using alternatively the on-demand service or booking. Reservations can be made for a future date or time with a minimum notice of 60 minutes. Customers will be informed by e-mail with the confirmation of their reservation and will receive a second e-mail with the name and information of the assigned Provider within 7-10 days from the scheduled Connection date. The Customer may cancel the booking at any time within 60 minutes before the scheduled date and time. Requests on-demand will be met depending on the availability of the Provider on the Platform. The indications on the availability of the people on site are not a guarantee that the request of the Work can be provided.
- Use of the account
The User declares that the personal data provided relate to their own person, are truthful and up-to-date.
The User is responsible for the activity performed on or through his Account. The User has the burden of maintaining his/her confidential data and not to disclose the password for using his/her Account, as well as maintaining adequate security measures on the devices on which the App is installed.
Prontopia will not, however, be liable for improper use of the Account by unauthorized third parties.
Prontopia, at its sole discretion and depending on the seriousness of the violation found, even upon the notification of another User, will have the right to suspend or cancel the Account. Prontopia reserves the right to take any further measures deemed most appropriate, also on the basis of the seriousness of the violation, in civil , penal or administrative courts .
In case of non-use for a consecutive period of twelve (12) months the Account will be definitively canceled.
- Fee and Commission in favor of Prontopia
Prontopia will manage the flow of payments on behalf of the Provider and will transfer the fee accrued by the Provider on a monthly basis, after deducting its commission.
For the management of the Platform and related services, Prontopia will treat a commission as a percentage equal to 25% (twenty fine percent).
The tip that the Customer will recognize to the Provider is free and recommended based on the appreciation of the Work. This payment can be made directly to the Provider in cash or via the Credit Card Platform.
Any extra costs of the Provider, for example for transport (taxi, tickets, etc …) must be paid directly by the Customer.
Payments can be managed with third-party platforms, such as Paypal or Stripe, according to the agreements between Prontopia and Users at the time of payment.
5 . Prohibitions
The Provider is always and in any case free to provide his services and conduct any business except that during the performance of the Work to the Customer,
The Provider also undertakes not to carry out in return of payment any promotional activity (tourist or not) during the Work, or to direct, for a third party, the Customer to one or more commercial activities in the same area.
Furthermore, all Users are expressly forbidden to:
- activate an account if you are not older than 18;
- use any automated system – malware, robots, offline readers etc … – to access the Platform;
- undertake any action that may, even only potentially (a) interfere, with the proper functioning of the Platform; (b) circumvent the measures used to prevent or limit access to the Platform; (c) unreasonably burden on the Platform’s infrastructure; (d) circumvent or disable the security measures of the Platform, through malware or any other technology that could damage the Platform or Users; (e) violate any Intellectual Property right, trade secrets or other rights of third parties, including rights on data protection;
- use another person’s account, without his prior and explicit consent;
- offer services that are unrelated to the Platform or do not comply with the law, such as sexual or any kind of erotic services;
- take any action that may compromise the effectiveness or accuracy of reviews;
- register as a Professional without possessing the requirements of law and suitability to perform the service;
- use the name of Prontopia outside the Platform for any reason or purpose, without the permission of Prontopia;
- transfer the Account to third parties without the explicit consent of Prontopia, or create a new account for the sole purpose of circumventing any limitations or prohibitions imposed by Prontopia;
- copy, in manual or automated way, and / or collect, in any way, information on Users, without their prior and explicit consent;
- carry out actions that at unquestionable judgment of Prontopia can cause an unreasonable overload of activities of the technological infrastructures and of the Platform system;
- insert malware or use any other system to alter the correct evaluation of geolocation data, for any reason and even to achieve an economic return;
- to create fictitious profiles or double or multiple profiles;
- seek economic agreements between Users or impose fees and other costs to other Users outside those provided on the Platform.
- Limitation of Liability
Except in the cases expressly defined in these GTU, neither Prontopia nor its Providers issue specific guarantees in relation to the Platform or the Work. Similarly Prontopia makes no guarantees on the contents of the Platform, such as maps, on the specific functions of the Platform and on their reliability, availability or ability to satisfy the User’s needs.
The Work is provided “as is”. To the extent permitted by law, we exclude all warranties and also, if applicable, the implied warranty of merchantability and suitability for a particular purpose.
The Provider is personally responsible during the supply of the Work both towards the Customer and Prontopia for any damage or loss that Provider causes. In this regard, the Supplier shall hold Prontopia for any economic request made by the Customer as a result of any damage, patrimonial or non-pecuniary, suffered by the latter during the performance of the Work.
As a self-employed person, it will be the Provider’s duty to provide his own insurance to cover any and all damage to third parties, Customer, Prontopia or himself too.
When permitted by law, Prontopia and Providers shall not be responsible for loss of profits, revenue or data, financial losses or indirect, special, consequential, exemplary or punitive damages. In any case, Prontopia and the Providers will not be responsible for any loss or damage not reasonably foreseeable.
Within the limits of the law, Prontopia’s overall liability for any claim submitted under these terms, including claims for any implied warranties, is limited to the sum paid by the User.
Prontopia, finally, cannot be held responsible for the veracity of the information and data, including personal, input by Users of any violation of third party rights, or the failure to comply with any provisions of law applicable to transactions carried out through Platform and any pecuniary and non-pecuniary damage suffered by Users or third parties in connection with any activity related to the use of the Platform.
Nothing in these GTU or in any additional term will limit the legal rights of consumers to whom it is not possible to renounce by contract.
The User also confirms that he is not being investigated and that he has no convictions for aggression, violence or sexual harassment.
The Provider undertakes that he will not use, nor will he ever, in any way and by any means, the information and / or personal data provided by Prontopia or the Customer for the execution of the Work and, in any case , information, not in the public domain, acquired during the performance of the Work and concerning projects, programs, commercial activities and not of Prontopia.
- Rights of intellectual and industrial property
Unless specifically agreed in writing, Prontopia in no way grants a license to Users for the use of its Platform.
Prontopia is the exclusive owner of all intellectual and industrial property rights relating to the App, the Website and the Platform, including, without limitation, contents, texts, drawings, databases, know-how, software, data and information contained or connected to the same.
In any case, any intellectual and industrial property rights of softwares or platforms, such as Apple Store and Google Play, are granted in accordance with their general conditions of use.
The User undertakes that, except for operations strictly connected with the use of the Platform and for the purposes mentioned in these GTU, it is forbidden any reproduction, duplication, copy, sale, execution of framing and / or scraping, resale, exploitation in any form or any title, whether for private or commercial purposes, even of single parts, of the Site, the App and the Platform.
For the purposes of these GTU, the Trademarks mean the company, names, domain names, brands, names or other distinctive features of Prontopia or which characterize the Platform. The Supplier shall not use, nor allow third parties under his control to use the Trademarks, without prior consent of Prontopia. The Supplier undertakes not to register, nor to make, in Italy or elsewhere, names, domain names, brands, names similar or equal to the Trademarks. Any right of the Supplier to use the Trademarks ceases immediately with the cancellation of the Account.
- Suspension and Cancellation of the Account
Prontopia constantly checks the quality of the service provided by the Providers, as well as the behavior of the Customer. In this way Prontopia tries to guarantee respect for its principles and values.
If behavioral problems are found during or after the Work or irregularities in the use of the Platform or failure to comply with these GTU, Prontopia reserves the right to suspend the Account of the Provider or of the Customer and in cases of ascertained violation to cancel the Account. Each evaluation will be performed at the unquestionable judgment of Prontopia.
- Interruption of the service
The use of the App and access to the Site, or access to the Platform, may be temporarily interrupted in the event of technical problems, to ensure the maintenance of the Platform or possibly in order to comply with current legislation. Such interruptions will be given, if possible, to the Users.
1 1 . Prohibition of subcontract
The Work is personal and the Provider cannot in any way be substituted by third parties.
Neither the Customer nor the Provider may assign, delegate or transfer the present GTU or, even partially, his own rights or obligations to these consequent, or his own Account without the prior written consent of Prontopia.
Prontopia remains free to transfer, assign or delegate the use of the Platform, the Site or the App and any connected right or obligation to third parties without the consent of the Customer or of the Provider.
12 . Competent Law, Exclusive Court and Arbitration
These GTUs are regulated and will be interpreted according to the laws of the State of California, unless specific protections for particular categories of persons are applied, such as, for example, if applicable, the protections envisaged for the consumer in the European Union. Any dispute arising out of or relating to the subject matter of these GTU shall be resolved definitively in Santa Barbara County, California, in accordance with the Rules and Procedures of Simplified Arbitration and Mediation Services, Inc. (“JAMS”) therefore, in practice , by a commercial arbitrator with considerable experience in resolving intellectual property disputes and commercial contracts, which must be selected in the appropriate list of JAMS arbitrators in accordance with these Rules. The judgment on the award issued by that arbitrator may be entered in any court of competent jurisdiction. Notwithstanding the aforementioned obligation to arbitrate disputes, each party has the right to proceed to assert its legitimate rights, in any court of competent jurisdiction.
For all the purposes of these GTU, the Parties accept jurisdiction and exclusive place in state or federal courts located respectively in Santa Barbara County, California, or the Central District of California.
Any arbitration under these Terms will take place on an individual basis: class arbitrations and class shares are not permitted.
13 . Miscellaneous
These GTUs are the only ones applicable to the Platform and to the Work and replace any previous agreement between the Parties.
Any amendment hereto shall be in writing under penalty of nullity. The failure of either Party to enforce at any time any right stemming from these GTU, or under the law, shall in no way be construed to be a present or future waiver, within the limitation statutes.