TERMS OF USE

SAFEPILOT PLATFORM

Versão 2026-08-01T03:00:00.000Z · en-US

PREAMBLE

These Terms of Use and General Conditions ("Terms") constitute a binding legal instrument that fully governs the relationship between users and AIOTI TECNOLOGIA LTDA., establishing rights, obligations, limitations of liability, and conditions for use of the SafePilot Platform.

1. PRELIMINARY PROVISIONS AND IDENTIFICATION

1.1 Service Provider

AIOTI TECNOLOGIA LTDA., a legal entity governed by private law, organized under the laws of the Federative Republic of Brazil, registered with CNPJ/ME under No. 55.683.959/0001-60, with headquarters at Rua Fábia, No. 404, apartment 305, Vila Romana, São Paulo/SP, ZIP Code 05051-030, hereinafter referred to as "AIOTI", "Provider" or "Company".

1.2 Legal Nature of the Terms

These Terms constitute a contract of adhesion pursuant to art. 54 of the Consumer Protection Code and arts. 423 and 424 of the Civil Code, applicable in relationships that qualify as consumer relationships, and a business contract when entered into between legal entities engaged in economic activity.

1.3 Contractual Purpose

Licensing of use of a vehicle telemetry technology platform, called "SafePilot", including a cross-platform mobile application and web management portal, intended for behavioral monitoring of motor vehicle drivers.

2. DEFINITIONS AND INTERPRETATION

For all legal and contractual purposes, the following technical definitions apply:

API (Application Programming Interface)

Programming interface that enables integration between AIOTI systems and the Contracting Company systems.

Telemetry Data

Set of technical information collected through sensors embedded in mobile devices, including but not limited to: geographic coordinates, instantaneous speed, longitudinal and lateral acceleration, angular rotation, magnetic orientation, timestamps, and behavioral driving events.

Contracting Company

Legal entity that enters into a Software as a Service (SaaS) Licensing Agreement with AIOTI for use of the SafePilot Platform.

Risk Events

Occurrences detected algorithmically that indicate potentially inappropriate driving behavior, classified into five categories: (i) excessive longitudinal acceleration; (ii) harsh deceleration; (iii) lateral acceleration in turns; (iv) speeding in relation to regulatory limits; and (v) handling a mobile device while driving. The technical parameters for characterizing these events (thresholds), such as percentage of speed above the road maximum limit, minimum time for characterizing a speeding event, longitudinal acceleration values that define start-up events, among others, follow technical criteria internally defined by AIOTI.

Fleet Manager

User with administrative credentials designated by the Contracting Company to operate the SafePilot Web Portal.

Driver User

Duly licensed motor vehicle driver who uses the SafePilot Application with authorization from the Contracting Company.

SafePilot Platform

AIOTI proprietary technology ecosystem, composed of: (i) mobile application for iOS and Android operating systems; (ii) responsive web portal; (iii) cloud computing infrastructure; (iv) artificial intelligence algorithms; and (v) programming interfaces.

Driving Score

Quantitative metric generated by proprietary algorithms that evaluates the driver risk profile based on Risk Events detected during trips. The weighting among the various Risk Events for building the Driving Score follows algorithmic parameters internally defined by AIOTI.

3. ELIGIBILITY AND CAPACITY CONDITIONS

3.1 General Requirements

To use the Platform, the user must cumulatively:

1. Have full civil capacity pursuant to arts. 3 and 4 of the Civil Code;
2. Be regularly linked to the Contracting Company through a valid legal relationship;
3. Fully accept these Terms and the Privacy Policy;
4. Have a mobile device compatible with the supported versions of the Application, according to the technical specifications made available on AIOTI's web portal and periodically updated;
5. Maintain adequate internet connectivity for the services to function, in addition to keeping the mobile device turned on and with sufficiently charged battery during operation.

3.2 Specific Capacity for Drivers

Additionally, Driver Users must:

• Hold a valid National Driver's License appropriate for the vehicle category;
• Be in good standing before traffic authorities;
• Have express authorization from the Contracting Company to use the Application.

3.3 Absolute Prohibitions

Use of the Platform is strictly prohibited by:

• Persons under 18 years of age, even if emancipated;
• Persons with a suspended, revoked, or expired driver's license;
• Users on AIOTI's sanctions or restrictions list.

4. TECHNICAL DESCRIPTION OF THE SERVICES

4.1 SafePilot Mobile Application

Technology solution developed in native architecture for mobile devices, implementing:

Data Collection Module

Integration with embedded sensors (GPS, accelerometer, gyroscope, magnetometer) to capture telemetry data in real time.

Processing Engine

Proprietary artificial intelligence algorithms for automatic detection of Risk Events and calculation of Driving Score.

User Interface

Intuitive dashboard presenting performance metrics, trip history, and behavioral gamification.

Security Module

Implementation of cryptographic protocols to protect data in transit and at rest.

4.2 SafePilot Manager Web Portal

Business web platform offering:

User Management

Registration, addition, editing, suspension, and deletion of Driver Users.

Advanced Analytics

Executive dashboards with safety KPIs, reports, and trend analysis.

API Management

Interface for integration with the Contracting Company corporate systems.

4.3 Technology Infrastructure

Cloud Computing

Cloud infrastructure with high availability and automatic scalability

24/7 Monitoring

Complete observability of infrastructure and system operation with proactive alerts, always within the established SLA parameters

Cybersecurity

Implementation of information security frameworks and market best practices

5. RIGHTS AND OBLIGATIONS OF THE PARTIES

5.1 AIOTI Rights

AIOTI has the right to:

• Timely receive the amounts owed by the Contracting Company;
• Suspend or interrupt services in case of default;
• Modify features upon prior notice;
• Monitor Platform use for security and quality purposes;
• Use aggregated and anonymized data to improve the services.

5.2 AIOTI Obligations

AIOTI undertakes to:

• Keep the Platform operational with minimum availability of 99% (excluding scheduled maintenance);
• Implement technical and organizational measures for data protection;
• Communicate changes to the Terms at least 30 days in advance;
• Provide technical support through the established channels;
• Comply with the provisions of the General Data Protection Law.

5.3 Fleet Managers Rights

Fleet Managers have the right to:

• Use the Platform in accordance with these conditions;
• Receive adequate technical support;
• Access personal data in accordance with the LGPD;
• Request correction of incorrect information;
• Cancel use through the established procedure.

IMPORTANT: AIOTI's contractual relationship is established exclusively with the Contracting Company through its Fleet Managers, with no direct relationship with Driver Users.

5.4 User Obligations

Users undertake to:

• Use the Platform lawfully and appropriately;
• Keep access credentials confidential;
• Not perform reverse engineering or attempted violations;
• Immediately report any security incident;
• Respect AIOTI intellectual property rights.

6. INTELLECTUAL PROPERTY AND COPYRIGHTS

6.1 Ownership of Rights

AIOTI exclusively and fully owns all intellectual property rights over the SafePilot Platform, including the source code registered with the National Institute of Industrial Property (INPI):

• Source codes and proprietary algorithms;
• Graphical interfaces and user experience;
• Trademarks, logos, and visual identity;
• Technical documentation and methodologies;
• Databases and information structures.

6.2 License Granted

Users are granted a non-exclusive, non-transferable, revocable, and limited license to use the Platform, restricted to the purposes established in these Terms.

6.3 License Limitations

The license granted DOES NOT include rights to:

• Sublicense, sell, or commercialize the Platform;
• Create derivative works or modifications;
• Perform reverse engineering, decompilation, or disassembly;
• Remove copyright or ownership notices;
• Use it to develop competing solutions.

6.4 Protection Against Violations

Any violation of intellectual property rights shall subject the offender to the civil and criminal penalties provided for in Laws No. 9.279/96, 9.609/98, and 9.610/98, in addition to liability for losses and damages.

7. DATA PROTECTION AND PRIVACY

7.1 LGPD Compliance

The processing of personal data fully observes Law No. 13.709/2018 (LGPD), as detailed in a specific Privacy Policy, which is incorporated into these Terms by reference.

7.2 Legal Bases for Processing

Data processing is based on the following legal bases:

• Performance of contract (art. 7, V, LGPD);
• Legitimate interest (art. 7, IX, LGPD);
• Consent, when applicable (art. 7, I, LGPD).

7.3 Purposes of Processing

Data is processed exclusively for:

• Provision of the contracted services;
• Analysis of driving profile and generation of metrics;
• Improvement and development of the Platform;
• Compliance with legal and regulatory obligations.

7.4 Data Subject Rights

All rights provided for in art. 18 of the LGPD are assured and may be exercised through the established communication channels.

7.5 Information Security

AIOTI implements appropriate technical and organizational measures to protect data, including:

• Encryption of data in transit and at rest;
• Access controls based on least-privilege principles;
• Continuous monitoring and anomaly detection;
• Awareness and training programs.

8. LIMITATION OF LIABILITY AND DISCLAIMER OF WARRANTIES

8.1 Nature of the Services and Inherent Limitations

EXPRESS LIMITATION CLAUSE: AIOTI clarifies and the user expressly acknowledges that the SafePilot Platform:

1. Has an exclusively informational and analytical function, limited to behavioral driving monitoring;
2. DOES NOT constitute an active accident prevention system or vehicle safety device;
3. DOES NOT replace the responsibility, attention, and prudence of the driver, who remains fully responsible for safely driving the vehicle;
4. DOES NOT guarantee detection of 100% of risk events due to technological limitations inherent to mobile device sensors;
5. DOES NOT have any influence over external factors such as weather conditions, road conditions, third-party behavior, or mechanical failures.

8.2 Disclaimer of Liability for Accidents

AIOTI EXPRESSLY DECLARES THAT:

IT SHALL NOT BE LIABLE, under any circumstances and under any legal basis, for:

• Traffic accidents, regardless of severity;
• Property damage or bodily injury arising from accidents;
• Death or injuries of any kind;
• Environmental damage resulting from accidents;
• Lost profits or direct damages related to claims.

8.3 Disclaimer of Labor Liability

AIOTI DOES NOT have any responsibility for:

• Decisions to hire, dismiss, or penalize Driver Users;
• Human resources policies of the Contracting Company;
• Granting, suspension, or cancellation of benefits;
• Professional performance evaluations;
• Labor disputes between the Contracting Company and Driver Users.

8.4 Technical Limitations

AIOTI is NOT liable for:

• Mobile network or Wi-Fi connectivity failures;
• Unavailability of third-party services (GPS, maps, etc.);
• Hardware and firmware limitations of mobile devices;
• Electromagnetic or environmental interference;
• Power or infrastructure failures;
• Failures in drivers' mobile devices, including powered-off devices, discharged battery, lack of an active data plan, or inadequate connectivity;
• Improper or inappropriate use of the Platform by users.

8.5 Disclaimer of Warranties

The Platform is provided "AS IS" and "AS AVAILABLE", WITHOUT WARRANTIES, express or implied, of any kind, including but not limited to:

• Warranties of merchantability;
• Fitness for a particular purpose;
• Non-infringement of third-party rights;
• Absence of defects or vulnerabilities;
• Uninterrupted or error-free operation.

8.6 Quantitative Limitation of Liability

In any case in which AIOTI's liability is recognized, it shall be limited to the amount effectively paid by the Contracting Company in the 12 months preceding the harmful event, and may not exceed such amount under any circumstances.

8.7. Dependence on Mobile Device Sensors and Accuracy Variability

AIOTI expressly clarifies that the detection of geographic location parameters and the identification of Risk Events by the SafePilot Platform depend entirely on the accuracy and precision of the sensors embedded in the mobile devices used by Driver Users, including but not limited to GPS, accelerometer, gyroscope, and magnetometer.

The user acknowledges and accepts that:

• Measurement accuracy varies significantly according to brand, model, firmware version, operating system, and general operating conditions of the mobile device;
• Specific variations may occur in event detection and quantification among different users due to the distinct technical specifications of their respective devices;
• Factors such as electromagnetic interference, physical obstructions, weather conditions, and natural component degradation may affect measurement accuracy;
• Such specific variations do not compromise the statistical validity and reliability of the overall assessment of the Driver User's driving profile, considering the set of data collected throughout the monitoring period;
• AIOTI has no control over the technical specifications of the mobile devices used by users and cannot guarantee absolute uniformity of measurements among different devices.

9. COMMERCIAL AND FINANCIAL CONDITIONS

9.1 Business Model

AIOTI offers the SafePilot Platform under a SaaS (Software as a Service) model, with billing based on:

• Monthly fee per active Driver User;
• Amounts defined in a specific Licensing Agreement;
• Proportional billing (pro rata die) only in the first month of activation, with the full amount charged in subsequent months.

9.2 Payment Conditions

• Monthly payment by the established due date;
• Billing only for Driver Users active during the period, considering as active the user who received the invitation, registered on the platform, and opted in, remaining in this condition until formal deactivation;
• Annual adjustment of amounts according to the percentage and criteria established in the specific agreement;
• Amounts do not include taxes, which will be added in accordance with legislation;
• Late payment shall be subject to the charges provided for in the Civil Code.

9.3 Cancellation Policy

• Mandatory 30-day prior notice;
• Cancellation does not entitle the user to a proportional refund;
• Immediate suspension in case of violation of the Terms;
• Data retained for the legal period after cancellation.

9.4 Suspension for Default

Failure to pay by the due date authorizes AIOTI to:

• Suspend access to the Platform after 15 days of delay;
• Permanently cancel after 30 days of default;
• Charge late-payment interest, penalty, and monetary adjustment;
• Register the debt with credit protection agencies.

10. GOVERNANCE AND MODIFICATIONS

10.1 Changes to the Terms

AIOTI reserves the right to modify these Terms, observing:

• Minimum prior notice of 30 days;
• Notification through multiple channels (email, portal, application);
• Possibility of cancellation in case of disagreement;
• Effectiveness of changes as communicated.

10.2 Communication Channels

For Fleet Managers:

• Email registered in the corporate account;
• Physical correspondence when necessary.

For Driver Users: AIOTI does not maintain direct communication channels with Driver Users, this being the responsibility of the Contracting Company through its own internal systems and processes. Any technical communications will be made through the SafePilot Application when strictly necessary for system operation.

10.3 Platform Updates

AIOTI may:

• Implement improvements and new features;
• Perform security updates;
• Modify interfaces and user experience;
• Discontinue obsolete features upon notice.

11. DISPUTE RESOLUTION AND JURISDICTION

The parties elect the courts of the Judicial District of the Capital of the State of São Paulo, to the exclusion of any other, however privileged it may be, for resolution of disputes arising from these Terms of Use.

12. GENERAL AND FINAL PROVISIONS

12.1 Entire Agreement

These Terms, together with the Privacy Policy and any Licensing Agreements, constitute the entire agreement between the parties regarding the use of the SafePilot Platform.

12.2. Severability

The invalidity, illegality, or unenforceability of any provision shall not affect the validity and effectiveness of the remaining clauses, which shall remain in full force and effect.

12.3 No Waiver

AIOTI's tolerance regarding the breach of any obligation shall not constitute a waiver of rights nor prevent future enforcement.

12.4 Assignment of Rights

The assignment, transfer, or sublicensing of rights and obligations arising from these Terms is prohibited without AIOTI's prior, express, and written consent.

12.5 Force Majeure

The parties shall be released from liability for inability to perform resulting from acts of God or force majeure, pursuant to art. 393 of the Civil Code.

12.6 Survival

The provisions relating to the following shall remain in effect after termination of the contractual relationship:

• Intellectual property;
• Limitation of liability;
• Data protection;
• Dispute resolution.

12.7 Language

The Portuguese version of these Terms prevails over any translations into other languages.