Terms and Conditions

This Agreement outlines the Terms and Conditions under which the Partner Laboratories ("Laboratories") will submit data to PUV Compliance Monitoring System, or PCMS ("Information System"). By submitting data to the Information System, the Laboratories agree to be bound by these terms.

Laboratories represent and warrant that all data submitted to the Information System has been collected and processed in full compliance with all applicable laws and regulations, including but not limited to data privacy and protection laws.

Laboratories further represent and warrant that they have obtained all necessary consents, permissions, and authorizations from the data owners for the collection, processing, and transfer of such data to the Information System.

By transferring such data to the Information System, the Laboratories thereby give permission to the Information System to, among others, transfer, process, retain, and distribute the submitted data solely for the purpose of complying with LTFRB standards, provided that such use does not identify individual data owners without explicit consent.

Laboratories warrant that all information and data provided to the Information System are true, accurate, complete, and verifiable at the time of submission.

In the event of any complaint, dispute, or inquiry regarding the accuracy or veracity of any data submitted by a Laboratories, the Laboratories agree to cooperate fully and promptly with the Information System to investigate and verify the data. This cooperation includes, but is not limited to, providing supporting documentation, records, and access to relevant personnel as reasonably requested by the Information System. Failure to cooperate or inability to verify data to the satisfaction of the Information System may result in the suspension or termination of the Lab's access to the Information System and removal of the unverified data.

Laboratories shall indemnify, defend, and hold harmless the Information System, its officers, directors, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, expenses, and fees (including reasonable attorneys' fees) arising out of or in connection with:

1. Any false, inaccurate, misleading, fraudulent, or incomplete information provided by the Laboratories to the Information System; or
2. Any data submitted by the Laboratories to the Information System without the proper consent, permission, or authorization of the data owner, or in violation of any applicable data privacy or protection laws.

For the services provided by the Information System, Laboratories agree to pay fees based on a "Membership Model", which comprises two components that form each laboratory's monthly invoice. Said two components are further outlined in the Schedule of Payments section.

All payments shall be made in Philippine Pesos (₱) and are exclusive of any applicable taxes, duties, or levies, which shall be the sole responsibility of the Laboratories. The Information System reserves the right to adjust its fees with 90 days' written notice to Laboratories. Continued use of the Information System after such notice constitutes acceptance of the new fees.

Payments shall be made by Laboratories to the Information System according to the following schedule:

1. Part A: Base Platform Fee: A direct, transactional fee of ₱30.00 per successful upload. This fee covers the live operational costs associated with each test processed through the system (e.g., server usage, data processing, support). This will be calculated monthly based on the total number of successful uploads by the Laboratory.
2. Part B: Direct Monthly Partnership Contribution: A variable monthly fee based on the performance tier achieved by the Laboratory within that same month. This fee represents the value of platform access and partnership at different operational scales. The monthly performance tiers and corresponding contributions are as follows:

   Tier	Monthly Uploads	Monthly Contribution
   Bronze Tier	1 - 600	₱3,000
   Silver Tier	601 - 1,200	₱6,000
   Gold Tier	1,201 - 2,500	₱9,000
   Platinum Tier	2,501+	₱12,000

3. Starting Date: The Laboratory's Membership Tier and corresponding contribution will be determined each month by their total number of successful uploads and will be reckoned from the first successful upload of Driver test results.
4. Invoicing and Due Date: Invoices will be generated monthly, detailing the Base Platform Fee and the Direct Monthly Partnership Contribution for the preceding month. Payments are due within 15 days of the invoice date.
5. Payment Method: All payments shall be made via [Preferred Payment Method, e.g., bank transfer, direct debit] to the account details provided by the Information System.
6. Late Payments: A late fee of 2% per month or the maximum amount permitted by law, whichever is less, will be applied to any outstanding balance not paid within [Number] days of the due date.
7. The Information System reserves the right to suspend any uploads to the Information System for Laboratories with overdue payments. Any non-compliance clinics can be sanctioned suspension or additional dues that are subject to approval by LTFRB regulations.

The Information System provides its services "as is" and "as available," without any warranties of any kind, whether express, implied, or statutory.

This includes, but is not limited to, warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy of data from third-party sources (even if presented by the Information System), or uninterrupted or error-free operation. The Information System does not warrant that the services will meet the Laboratories' requirements or expectations.

To the maximum extent permitted by applicable law, in no event shall the Information System, its affiliates, directors, employees, or agents be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses, arising out of or in connection with this Agreement or the use or inability to use the Information System services, even if the Information System has been advised of the possibility of such damages.

Furthermore, the total cumulative liability of the Information System to any Laboratory for all claims arising out of or relating to this Agreement, regardless of the form of action, whether in contract, tort (including negligence), or otherwise, shall not exceed the total fees paid by that specific Laboratory to the Information System during the twelve (12) months immediately preceding the event giving rise to the claim. This limitation applies even if the remedies provided in this Agreement fail for their essential purpose.

Laboratories acknowledge and agree that they are solely responsible for ensuring their compliance with all applicable laws, regulations, and industry standards related to the collection, processing, storage, and transmission of data, including all data privacy and protection laws in their respective jurisdictions.

The Information System's role is strictly limited to providing the platform for data submission and processing as described herein, and it does not assume any responsibility for the Laboratories' underlying legal obligations regarding data handling.

The Information System reserves the right, in its sole discretion, to suspend or terminate a Laboratory's access to all or part of the Information System services immediately and without prior notice, if:

1. the Laboratory breaches any provision of this Agreement, especially those related to data consent, accuracy, or payment obligations;
2. the Information System reasonably suspects that the Laboratory is providing false, inaccurate, fraudulent, or non-consented data;
3. the Laboratory's actions, in the Information System's sole judgment, pose a security risk to the Information System or other users, or are detrimental to the reputation or operation of the Information System; or
4. required by law or a governmental authority.

This Agreement shall be governed by and construed in accordance with the laws of the Republic of the Philippines, without regard to its conflict of law principles.

Any dispute, controversy, or claim arising out of or relating to this Agreement, or the breach, termination, or invalidity thereof, shall be exclusively settled by arbitration in Metro Manila, Philippines, in accordance with the rules of the Philippines then in force.

The language of the arbitration shall be English. The award rendered by the arbitrator(s) shall be final and binding upon both parties, and judgment may be entered thereon in any court having jurisdiction thereof.

This Privacy Policy describes the principles and safeguards Mithiin Technologies Inc observes as a personal data controller under the PUV Compliance and Monitoring System (PCMS).

Mithiin Technologies respects and will facilitate the exercise of the rights of all Data Subjects as granted by the DPA:

• The Right to be Informed of the processing of their personal data
• The Right to Object to the processing of their personal data
• The Right to Access their personal data
• The Right to Rectification of any inaccurate or erroneous data
• The Right to Erasure or Blocking of their personal data
• The Right to Data Portability

We implement comprehensive organizational, physical, and technical security measures to protect personal data against any accidental or unlawful destruction, alteration, and disclosure.

• End-to-end encryption
• Robust access control and authentication mechanisms
• Regular security audits and vulnerability scanning
• Mandatory data privacy training for all personnel