Terms and Conditions of Use of the Softruck Tracking Platform
Welcome to the Terms and Conditions of Use of the Softruck Tracking Platform
Last update: January 16, 2024
By means of this instrument ("Terms"), Softruck Desenvolvimento de Software Ltda. ("SOFTRUCK"), a legal entity registered with CNPJ under No. 21,478,520,0001/84, hereby informs and makes known to all interested parties, especially users of the Softruck Platform ("Platform"), the terms and conditions under which its software may and must be used, recording the following (i) context of the offer of solutions, (ii) list of functionalities, (iii) security rules, (iv) support and service channels as well as (v) limitations and service rules.
1. Context of the offer
The Platform consists of software owned exclusively by SOFTRUCK in the national territory, and its offer to the market will be made obligatorily through the execution of a specific instrument called the Solutions Supply Contract, to which this Term is expressly linked and must be interpreted within that context.
Therefore, SOFTRUCK has a legal relationship with consumer and corporate clients with whom it effectively executes the aforementioned contract mentioned above, not assuming, before Platform users, any obligation that is not expressly provided for in this Term or in the applicable legislation.
Thus, SOFTRUCK has no responsibility for the use of the Platform, the activity performed by any user, and also assumes no risk of default on any payment due by a specific user in relation to the client with whom it entered into a contract.
Notwithstanding this, at its sole discretion, SOFTRUCK may include in its financial policy certain compliance rules and risk limits for user profiles, which will not, however, imply that it is assuming risks explicitly excluded.
Under no circumstances will a user or client have exclusive use of the Platform, with no commitment to exclusivity and no limitation on the list of recipients of SOFTRUCK's software licenses.
No employment relationship or similar obligation is established, directly or indirectly, by this Term or the Contract, between a client (including its representatives, partners, and associates) and SOFTRUCK, which remain independent in the context of a legal relationship that does not constitute a type of Partnership, Association, Joint Venture, Franchise, Consortium, Mandate, and/or Representation, and will not create joint liability between the parties. This rule is subject to the solidarity existing between the client and its respective users regarding the obligation to use, preserve, and return equipment delivered under a loan agreement, in the terms of Article 585 of the Civil Code.
The assignment, sale, donation, alienation, and transfer of ownership rights over software and other intellectual property assets owned by SOFTRUCK are not within the scope of the contract or this Term, and the transfer of technology or know-how from one party to another is not provided for in this act.
SOFTRUCK is the sole and exclusive owner, in the national territory, of the rights to use and enjoy the software that integrates the Platform, which is why clients and users agree to use them within legal limits, undertaking not to cause, and not to allow "reverse engineering," decomposition, or disassembly of the software, or any of its modules and/or components, under penalty of, otherwise, motivated resolution of the Contract, without prejudice to contractually provided sanctions and payment of compensation for damages.
SOFTRUCK will retain ownership and property rights over existing and to-be-developed software, including modules and new versions, even if they have been created or improved during the validity of a Contract for a specific client or user, according to suggestions, guidance, or even at their request.
Clients and users also acknowledge that the database created from the compilation of data fed into the software is the sole and exclusive property of SOFTRUCK, authorizing it to use the respective information within the limits imposed by the General Data Protection Law (Law No. 13,709/2018).
2. List of functionalities
The technological solutions that make up the Platform are executed through software that allows users to track the geographical movement of tracked vehicles within the coverage area of the respective connectivity service provider (telecommunications), accessing specific data transmitted by the respective installed hardware and even issuing commands, depending on the case.
For administrator users, enabled by clients, the Platform is accessible through a compatible browser after proper registration, while other users have access to the Platform through applications on compatible mobile devices. The software relies on login and password registration for control and access restriction purposes.
Information regarding the geographical positions of vehicles will be obtained through hardware installed in these vehicles; communication with SOFTRUCK for data capture and storage will be done through M2M (machine-to-machine) connectivity services or other similar technology, always provided by a telecommunications company duly approved by the competent authorities.
The software is not compatible with any hardware model, which is why it is the prerogative of SOFTRUCK to indicate which models can be used for effective data capture and access to the Platform, and it is not obliged to make adjustments or modifications to the Platform to adapt it to any hardware that has not been sold or provided by itself.
The software is constantly evolving and improving, both for fixing any errors and for enhancing and adding features, with SOFTRUCK reserving the right to modify it at any time and according to its convenience, provided that users and clients are guaranteed the maintenance of the contracted solutions.
Clients guarantee, on their own behalf and for users, compliance with the obligation to preserve and maintain the hardware if and while they are owned by SOFTRUCK, as well as GSM chips, being responsible for payment of financial compensation whenever damage, loss, theft, robbery, or similar event occurs to property owned by SOFTRUCK.
The rules and methods of using hardware, as well as their technical parameters for use and maintenance, will be specified in their own documents according to definitions by the manufacturers themselves, whose knowledge must be sought by clients, who also have the exclusive obligation to provide and bear the cost of transportation (freight) and installation services, including accessories and cables indicated by the manufacturer.
3. Security rules and Privacy Policy
SOFTRUCK assumes an ethical and moral commitment to encourage, disseminate, and support public safety policies, working in partnership with government and non-government entities in building technological solutions aimed at increasing society's security, always respecting the current legislation regarding the confidentiality of personal data of Platform users, as outlined in the Privacy Policy accessible at the following link: https://website.apiary.softruck.com/legal/privacy (opens in a new tab).
4. Support channels
For technical guidance and assistance on using the Platform, SOFTRUCK provides the Platform User Manual in digital format, accessible at the following link: https://help.softruck.com (opens in a new tab).
During the use of the software, SOFTRUCK will also provide additional technical support services to clients (excluding users) through electronic channels (remote), solving doubts and possibly correcting possible malfunctions, obeying the service levels and availability specified in the Service Level Agreement (SLA) accessible at the following link: https://website.apiary.softruck.com/legal/sla (opens in a new tab), where indicators and respective minimum levels of quality and service will be provided, which SOFTRUCK undertakes to meet. The verification of the service can be done in real-time through the panel available at the following link: https://status.softruck.com (opens in a new tab).
The quality and availability levels of technological solutions to users and clients depend on the state of the technology employed and may naturally vary according to the evolution of available tools for developers.
The support channels are: support@softruck.com, in addition to the chat available on the Platform. SOFTRUCK reserves the right to update the means and contact channels for support at its sole discretion.
For consultation on the methodology of installation, maintenance, and conservation of equipment, the CLIENT must consult the respective manufacturer, with the reservation that SOFTRUCK may, occasionally and at its sole discretion, provide basic guidance on such procedures, without assuming any responsibility.
At its sole discretion, SOFTRUCK may assume the training of person(s) indicated by clients on the use of technological solutions of the Platform, within a reasonable period and in an appropriate location, as defined by its own team.
5. Limitations and service rules
Events characterized as fortuitous events or force majeure, as well as unavoidable and unforeseeable facts, such as strikes, significant natural disasters, changes in the technologies of distribution and supply of telecommunications services, failure in the supply of energy, water and telecommunication services, failures in data storage server services, failures in third-party services (such as hardware installation) will not be attributed to SOFTRUCK, as they are the responsibility of others. This applies even for the application of sanctions provided in this Term, so there will be no compensations or reductions in amounts owed by clients.
The offer of the technological solutions in question does not serve to attribute to SOFTRUCK any responsibility for the effective recovery of tracked vehicles or goods, even because it does not offer such services.
SOFTRUCK is not responsible for the quality and accuracy of information and data transmitted by hardware through data networks (telecommunications services), with the obligation to comply with technical requirements of manufacturers and respect the respective quality and service availability rules falling on clients and users.
To maintain the availability of solutions offered by SOFTRUCK, it is essential that users and clients never change or modify hardware settings outside technical standards, obliging themselves to keep them with the same default configuration made by or at the request of SOFTRUCK.
SOFTRUCK is not responsible for significant changes and evolution of technology in data transmission networks, an event considered for all purposes as a fortuitous event or force majeure, in the terms of Article 393 of the Civil Code, when it will be assumed that it considers the legal relationship as terminated, applying the respective rules for the return of equipment in suitable conditions for reuse and remanufacturing, except for the inapplicability of sanctions for prior resolution.
Technological solutions may have their access limited due to interference in the coverage area for reasons beyond SOFTRUCK's control, causing possible failures in the reception and transmission of signals from hardware installed in vehicles. It is the responsibility of clients to inform users that the Platform may not work correctly: (i) due to equipment maintenance and installation failures or the vehicle's own connections; (ii) if the user/driver of the vehicle moves to an area outside the coverage region; (iii) due to operational restrictions, relocations, repairs, and similar activities, necessary for the operation or improvement of software; (iv) due to interference from topography, buildings, blockages, closed places, atmospheric conditions, etc.; and (v) due to power supply and communication signal interruptions, in all situations in which SOFTRUCK cannot be held responsible for any losses, damages, and/or harms.
6. Final considerations
All notifications and other communications between the parties must be sent to the electronic addresses listed in the preamble of the executed Contract, considered valid for all purposes unless the clients have previously communicated a change to SOFTRUCK.
In any case, messages exchanged by the representatives of the Parties are complementary to the contractual provisions, and no change in any rule contained in the Contract, Order of Purchase, this Term, or a similar document is allowed, except by executing a specific instrument.
The invalidity or annulment of any provision of this Term will not affect the other provisions, which will remain in full force and effect during the term of validity.
SOFTRUCK's tolerance on any occasion regarding the non-compliance with any provision of this Term will not in any way affect the right to demand the implementation of any obligation later. Tolerance regarding the violation of a provision of this Term will not be interpreted as a waiver of any right and should be considered as mere liberality.
No client may assign its contractual position or rights and obligations arising from this Term or the Contract, with SOFTRUCK having the right to be previously informed about any intention in this regard, in order to verify whether the assignee meets the credit analysis and profile requirements defined at its sole discretion; if SOFTRUCK agrees, the relevant assignment instrument must be signed, in which case fees and other amounts will be charged, in addition to requiring other contractual adjustments. Disregarding this rule will result in contractual resolution, with all sanctions applied in that case.
On the other hand, SOFTRUCK may, at its sole discretion, transfer the Platform, and consequently the rights and obligations related to the Contract and this Term, to another company or manager, whether belonging to its group or external to it, provided that it guarantees clients and users the effective offer of the contracted solutions.
The use of electronic signatures (including electronic channels in applications and the Platform itself) is expressly allowed for the authentication of agreement with the conditions of this Term, as well as any addenda, assignment terms, and especially Purchase Orders, preferably using technological standards approved by ICP-Brasil or, depending on the case, other forms of proof of authenticity, integrity, and non-repudiation of the respective document.
The forum of the Comarca de Belo Horizonte/MG is elected as competent to settle disputes related to this Term, to the detriment of any other.
This inseparable page is an integral part of the Terms and Conditions of Use of the Softruck Tracking Platform, a document composed of three digitally available pages through a dedicated path in applications and on the Softruck website, not having validity in print or in another medium.
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