Terms & Conditions

Mobile Driver’s License (mDL) Terms and Conditions

These Terms and Conditions (the “Agreement” or “Terms”) govern your application, and, if approved, the provisioning and your subsequent use of a mobile Driver’s License or mobile Identification Card (both hereinafter referred to as “mDL”) , based on your license or identification (“Credential”) as issued by the Government of Puerto Rico through the Driver Service Centers (“CESCO”) of the Puerto Rico Department of Transportation and Public Works (in Spanish, “Departamento de Transportación y Obras Públicas” or “DTOP”). By proceeding with this process of applying for, provisioning, or using, your mDL (the “mDL Process”), you agree to be bound by the terms of this Agreement.

The Government of Puerto Rico, as limited to those agencies reasonably involved in the mDL Process (the “Government of Puerto Rico”), reserves the right to update these Terms at any time and without notice as permitted by law, and will post such updates on the mDL website at mdl.pr.gov. Your continued use of this mDL constitutes your agreement to all such changes.

Applying for, Provisioning, and Using your mDL

Applying for Your Government-Issued Credential

Once you have commenced the Application Process (“Application Process”) and agreed to these Terms, you will follow the instructions provided by your Digital Wallet Provider, your Device, and other potentially related or dependent Third-Parties (“Third-Parties”) and be governed by those Terms (See Third-Party Requirements below).

In some cases, you may be required to go through additional validations in the CESCO Digital Application and/or go to a CESCO Driver Service Center to complete your application.

DTOP has absolute discretion as to whether to approve your application.

Provisioning Your Government-Issued Credential

If your application is approved, your mDL will then go through the “Provisioning” process to make that Credential available to you through the “Digital Wallet” on your mobile device. You will only be eligible to create your mDL and add your mDL to the Digital Wallet if you have been issued a physical Credential by the Government of Puerto Rico, and your Credential is valid, as described below. If the mDL has already been added to the Digital Wallet, the Government of Puerto Rico may remove the mDL if it is no longer valid, including if your Credential has expired or if it has been cancelled, suspended, or revoked.

DTOP has absolute discretion as to whether to authorize the addition of your Credential as an mDL into your Digital Wallet.

Using Your Government-Issued Credential

Once your mDL has been made available to you in your Digital Wallet, you may present the digital or mobile form of your Credential to verify your identity, demographics, and/or driving privileges with merchants, government entities, law enforcement, and other requesters, with compliant mDL readers as a supplementary means of presenting a representation of the credential issued by the Commonwealth of Puerto Rico pursuant to Puerto Rico law.

The Government of Puerto Rico is not responsible for third-party use or acceptance of your valid mDL. The mDL may not be accepted at all places where the physical Credential is required. Furthermore, you must still maintain and carry a physical credential in order to present in certain circumstances involving government officials, including, but not limited to, interactions with law enforcement officers.

The Government of Puerto Rico has absolute discretion to remove the mDL from your Digital Wallet at any time for any reason.

Suspension or Revocation of the mDL

The Government of Puerto Rico reserves the right to discontinue offering or supporting the mDL or the Digital Wallet for any reason. You agree that the Government of Puerto Rico will NOT be liable to you or any third party for any suspension, cancellation, or revocation, of your mDL. Suspension, cancellation, or revocation, of your mDL may or may not affect the status of your physical credential.

The Government of Puerto Rico has the absolute discretion to suspend, or revoke, your mDL at any time without notice.

Acceptable Use.

You shall (i) be responsible and liable for fully complying with the terms of this Agreement; (ii) be solely responsible for the accuracy, quality, integrity, and legality, of the data you provide throughout the Application Process and while using, updating, or removing, the mDL; (iii) prevent unauthorized access to or use of your device or mDL, including not permitting any third party to access or use of your Device or account; (iv) be solely responsible and liable for all activity conducted through or with your Device while using the mDL ; (v) promptly notify DTOP at the contact information below if you become aware of or reasonably suspect any security breach, including any loss, theft, or unauthorized disclosure or use of your mDL or your corresponding Device; (vi) promptly notify DTOP if you become aware of or reasonably suspect any violation of these Terms or any federal or state law related to the use of the mDL or related physical Credential; (vii) use the mDL only in accordance with applicable laws and government regulations; and (viii) understand and accept that the mDL is only authorized for use as form of supplemental government identification for those authorized vendors, government agencies, or other “requesters”, that can read the standards based mDL (the “Intended Purpose”)

Except to the extent such restrictions are prohibited by applicable law, you shall NOT (i) attempt to modify, copy or otherwise reproduce, create a derivative work of, reverse engineer, de-compile, hack, disable, interfere with, disassemble, copy, or disrupt the integrity or the performance of the mDL, mDL Process, or any component thereof, in whole or in part; (ii) use the services provided under this Agreement to build a competitive product or service or copy, or otherwise build a product, using similar ideas, features, functions, or graphics of the mDL or mDL Process ; (iii) upload to, or transmit from, your device, in connection with the mDL Process, any data, file, software, or link that contains or redirects to a virus, Trojan horse, worm, malware, ransomware, spyware, malicious code, time bomb, software lock, or other harmful component; (iv) attempt to gain unauthorized access to the mDL Process or any of its related systems or networks; (v) engage in web scraping or data scraping on or related to the mDL or mDL Process, including without limitation collection of information through any software that simulates human activity, any bot or web crawler, or any artificial intelligence application; (vi) use or permit any data from the mDL or mDL process to train any generative artificial intelligence or other technical models, (vii) use the mDL for any activity outside the Intended Purpose as outlined herein; (vii) use the mDL or any of its related systems or networks to capture, store, or transmit, any content, including the mDL itself, in a manner that may be infringing, defamatory, threatening, harmful, or otherwise tortious or unlawful, including any content that may violate intellectual property, privacy, rights of publicity, or other laws, (viii) use the mDL for unauthorized use of or entry into Puerto Rico Government systems, misuse of information or security credentials; (ix) access the mDL Process or another individual’s mDL , unless (1) you are a requester with a compliant mDL reader accessing the mDL process for the Intended Purpose; or (2) you are a legally

authorized custodian of an mDL subject who lacks the capacity to use the mDL on their own; or (xi) authorize, permit, or encourage any third party to do any of the above.

No Unauthorized Access.

By applying for, provisioning, or using an mDL, you represent that you have the power, capacity, and authority to enter into this Agreement on your own behalf. By submitting information to DTOP to add your Credential to the Digital Wallet, you agree that you are not impersonating another individual, collecting information about another individual, or violating any state or federal laws. Knowingly submitting false, or fraudulent information may result in civil and/or criminal penalties. Fraudulent applications or use of the mDL may result in civil and/or criminal penalties for the user, as well as removal of the mDL from your Digital Wallet.

Your mDL is NOT the “Virtual Driver’s License” under Puerto Rico Law No. 22-2000.

Puerto Rico Law No. 22-2000, as amended, requires that a physical credential (and optionally a virtual driver's license) be issued to all applicants authorized to drive a motor vehicle. At the applicant's option, a mobile driver's license could be issued. The mobile driver's license is not the virtual driver's license defined in Law No. 22-2000 (Art. 3.13-A).

THIRD-PARTY TERMS.

Third-Party Services in the mDL Process

The mDL Process relies on your use of third-party hardware and applications, including, but not limited to, your Device and your Digital Wallet. The Government of Puerto Rico is not responsible for any of the terms or conditions set forth by the Third-Parties. The data and services provided by those Third-Parties are governed by their respective Privacy Policies, Terms of Use, and other governing documents.

By using your Device to engage in the mDL Process, you affirm that you have consented to and comply with all the required and relevant third-party terms and conditions as set forth by your Device provider, your Digital Wallet provider, and any other Third-Parties required for you to participate in the mDL Process. You understand that each Third-Party that may be required for you to complete the mDL Process is fully responsible for their own respective products and services. (For instance, even though DTOP is the issuer of the Credential, DTOP has no control whatsoever over the use of the Digital Wallet.).

Third-Party Restrictions The terms and conditions of Third-Parties may provide restrictions and limitations which may impact your completion of the mDL Process, and such restrictions and limitations may be separate and distinct from these Terms. The Government of Puerto Rico is not responsible for the security, integrity, or availability, of any Third-Party products or services. Nor is the Government of Puerto Rico responsible for ensuring that Third-Party Services that are part of the mDL Process guarantee your ability to provision an mDL to your Digital Wallet.

PRIVACY AND SECURITY

Use of data by the Government of Puerto Rico.

By going through the mDL Process to provision and use your mDL through the Digital Wallet, you understand that you are sending information about your Device, your Credential, your Photo and other data to the Government of Puerto Rico, and authorizing the Government of Puerto Rico to then access your driver's license or identification card and related data to facilitate the mDL Process. Some of the information you (and your Device) send to the DTOP may be part of the records of the Government of Puerto Rico for mDL and CESCO Digital. DTOP uses all information provided in accordance with State and

Federal laws, including 18 U.S.C. § 2721, et. seq. The information provided to the Government of Puerto Rico as a part of the mDL Process to provision the mDL to the Digital Wallet will not be sold or used for monitoring or tracking purposes. The data you share with the Government of Puerto Rico as a part of the mDL Process shall only be used for facilitating the mDL Process, enabling the provisioning of your mDL into your Digital Wallet on your Device, and managing the mDL program.

Third-Party Data Sharing

DTOP may share your data, and the data that is related to verifying your information, with those Third- Parties that are required in order to commence and complete the mDL Process, including comparing the information contained on your most recent driver’s license or identification card record with the data submitted. This comparison is necessary to prevent fraud and ensure that you are the person associated with this record prior to approving issuance of your mDL and adding the mDL to the Digital Wallet. These Third-Parties may record, store, process, transfer, or destroy, this data per the policies and terms and conditions of product or service. By using a Third-Party provider’s software, service, or application, to undergo the mDL Process, you are consenting to the Privacy Policy, Terms of Use, and other terms of that Third-Party. The mDL Process may require you to approve Third-Parties storing the data provided by you through the Digital Wallet on their servers or within their network. The Government of Puerto Rico is not responsible for any errors or omissions in the data or processes of the Digital Wallet provider.

The Government of Puerto Rico is not responsible for the failure of a Third-Party to prevent the loss of confidentiality, availability, or integrity, of data, or any injury as a result thereof. This includes the Government of Puerto Rico not being responsible for the loss or exposure of your Data, due to a Third- Party’s storing of data provided through the Digital Wallet or the process of adding the mDL to the Digital Wallet. For more information about the Third-Party provider’s storing of data, please refer to their respective terms and conditions.

Security & Encryption

The data that passes between you and DTOP throughout the mDL Process will be secured and encrypted in compliance with all applicable laws and regulations, by using the mDL, you acknowledge and accept that there is a risk that your Data may be targeted by malicious actors and at risk of fraud, interception, manipulation, theft, or otherwise. The Government of Puerto Rico is not liable for any loss or damage you may incur in the event of such malicious activity or security breach.

Disclaimer of Warranty and Limitation of Liability

The information and services on the mDL are provided on an "AS IS" and "AS AVAILABLE" basis. The Government of Puerto Rico does not warrant the information or services provided herein or your use of the mDL for any particular purpose. The Government of Puerto Rico disclaims any and all warranties, expressed or implied, including but not limited to, warranties of title, non-infringement, merchantability, or fitness for a particular purpose. The Government of Puerto Rico cannot and does not guarantee the accuracy, validity, timeliness or completeness of any information or data made available to you through the mDL for any particular purpose.

The Government of Puerto Rico will not be liable or have any responsibility of any kind for any loss or damage that you incur in the event of any failure or interruption of this mDL , or resulting in any way from or in connection with (i)any errors, acts or omissions in the technical operation or content of the mDL ; (ii) any action taken in connection with an investigation by the Government of Puerto Rico, law enforcement or other authorities regarding your use of the mDL ; or (iii)any other claim relating to your access to, inability to access, or use of the mDL .

Regardless of whether the circumstances giving rise to such cause may have been within the control of the Government of Puerto Rico or of any vendor providing software or services, in no event will the Government of Puerto Rico or any such parties be liable to you, whether in contract or tort, for any direct, special, indirect, punitive, consequential, or incidental damages or any other damages of any kind even if the Government of Puerto Rico or any other such party has been advised of the possibility thereof. This limitation on liability includes, but is not limited to, the transmission of any malware or software upgrade which may impact a user's equipment, failure of mechanical or electronic equipment or communication lines, telephone or other connection issues, unauthorized access, theft, operator errors, or any force majeure. The Government of Puerto Rico cannot and does not guarantee continuous, uninterrupted, or secure access to the mDL.

In no event will the Government of Puerto Rico or its affiliates be liable to you or anyone else for any loss or injury.

Indemnification

By accessing this digital wallet, you agree to indemnify, defend and hold the Government of Puerto Rico, its agencies, instrumentalities, representatives, agents and/or contractors harmless from and against any actual or alleged claims, demands, causes of action, judgments, damages, losses, liabilities, and all costs and expenses of defense (including reasonable attorneys' fees and court costs) arising out of or relating to: (a) your breach of this agreement; (b) your violation of any local, state, federal or international law, rule or regulation; (c) a claim by a third party that is based on your use of the mDL;(d) information or material posted or transmitted through your computer or account, even if not submitted by you; (e) any misrepresentation made by you; (f) the theft, misappropriation or disclosure of your security credential; or (g) your authorization of anyone else to use your security credential. You will cooperate as fully and as reasonably required in the Government of Puerto Rico’s defense of any claim. The Government of Puerto Rico reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not, in any event, settle any matter without the written consent of the Government of Puerto Rico.

Miscellaneous

These Terms shall be governed by and construed in accordance with the laws of the Government of the Commonwealth of Puerto Rico, without regard to conflicts of laws and provisions, and the parties unconditionally waive their respective rights to a jury trial. Venue for any action or dispute arising from these Terms shall be determined by the Government of Puerto Rico. If for any reason a court of competent jurisdiction finds any provision of these Terms, or a portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of these Terms, and the remainder of these Terms shall continue in full force and effect. These Terms constitutes the entire agreement between the Government of Puerto Rico and you with respect to the mDL and it supersedes all prior or contemporaneous communications, agreements and understandings between the Government of Puerto Rico and you with respect to the subject matter hereof. The Government of Puerto Rico is not responsible for the function of the Digital Wallet or actions taken by the Digital Wallet provider that may affect your access to or use of the mDL.

If you have any questions or concerns about these terms, please feel free to contact 1-833-9-DTOP-PR. These Terms were last updated July 31, 2024.