Terms of use and service agreement

This is an electronic agreement for the use of the Catraca Fleet platform (fleet.catraca.co and related domains), between CATRACA (CNPJ 43.734.394/0001-14, headquartered in Taiobeiras/MG, Brazil), hereafter "CATRACA", and the CUSTOMER, an individual or legal entity duly registered in the platform's dashboard, who mutually accept the clauses below.

1. Preliminary considerations

1.1. The CUSTOMER declares:

1.1.1. To be legally capable and, in the case of a legal entity, to be duly represented by a partner or attorney with powers to enter into this agreement.

1.1.2. To understand that Catraca Fleet is a software-as-a-service (SaaS) for managing delivery operations — including registering the CUSTOMER's own drivers, dispatching orders, routing, tracking, and proof of delivery.

1.1.3. To acknowledge that CATRACA does not act as a carrier, does not employ or contract the drivers registered by the CUSTOMER, and is not a party in the relationship between the CUSTOMER and its drivers or end customers.

1.1.4. To acknowledge that the labor, civil, or commercial relationship between the CUSTOMER and its drivers is the CUSTOMER's sole responsibility, with CATRACA exempt from any link.

2. Subject matter

2.1. CATRACA grants the CUSTOMER access to the Catraca Fleet platform under the contracted plan, including:

Web dashboard for delivery operations management;
Mobile app (Android and iOS) for the CUSTOMER's drivers;
Public tracking link for the end recipient;
REST API and webhooks, when included in the plan;
Technical support per the plan's level and channel.

2.2. When expressly contracted, CATRACA may provide access to its partner driver network as overflow capacity, governed by a separate quote.

3. Registration and CUSTOMER responsibilities

3.1. Registration requires a valid email, password, business name, WhatsApp number, and business type. The CUSTOMER is fully responsible for the accuracy of this information.

3.2. The CUSTOMER must keep the registered email active and updated.

3.3. The CUSTOMER is solely responsible for:

3.3.1. Registering, supervising, paying, and dismissing its drivers; 3.3.2. Complying with all applicable laws — including sanitary, pharmaceutical, food transport, and consumer protection regulations; 3.3.3. Securing and keeping confidential its access credentials; 3.3.4. The accuracy of data entered into the platform — delivery addresses, customer contacts, order details; 3.3.5. The relationship with the end customer, including refunds, replacements, or compensation for delivery issues.

3.4. CATRACA reserves the right to refuse or suspend accounts in case of fraud, contract breach, or credit restrictions.

4. Plans, price, and payment

4.1. Plan prices, limits, and features are published at https://fleet.catraca.co/pricing and may be revised with 30 days' notice for active CUSTOMERS.

4.2. The Free plan is permanently free, limited to 1 driver and 100 deliveries per month, with potentially reduced functionality at CATRACA's discretion.

4.3. Paid plans are monthly, billed in advance via credit card (Stripe) for international customers or recurring Pix (Asaas) for Brazilian customers.

4.4. Paid plans include a 14-day free trial, no credit card required to start. Cancellation during the trial incurs no charge.

4.5. CATRACA issues a service invoice for each charge, as applicable.

4.6. After 7 days of overdue payment, CATRACA may suspend access, retaining data for at least 30 days to allow regularization before permanent deletion.

5. Cancellation and suspension

5.1. The CUSTOMER may cancel at any time via the dashboard, with no penalty or lock-in. Cancellation takes effect at the end of the current billing cycle.

5.2. No proportional refund is provided for the current cycle, except in case of CATRACA's discontinuation of the platform.

5.3. CATRACA may suspend or terminate access for: violation of these Terms; use for illegal activity; fraud, reverse engineering, payment evasion, infrastructure abuse; or repeated default.

6. Intellectual property

6.1. All software, code, brand, logo, layout, text, images, and elements of Catraca Fleet are CATRACA's exclusive property, protected under Brazilian Copyright Law 9.610/98 and Industrial Property Law 9.279/96 (and equivalent international law).

6.2. This agreement grants a non-exclusive, non-transferable, revocable license to use the platform during the contracted term.

6.3. The CUSTOMER may not: copy, modify, translate, decompile, or reverse-engineer the platform; sublicense, resell, or transfer use; remove or alter copyright or trademark notices.

6.4. Operational data entered by the CUSTOMER (customer records, orders, delivery history) remains the CUSTOMER's property and can be exported at any time.

7. Personal data protection (LGPD, GDPR, CCPA)

7.1. Regulatory framework. This Agreement complies, as applicable to the CUSTOMER and to the data subjects, with:

LGPD — Brazilian Law 13.709/2018;
GDPR — Regulation (EU) 2016/679 of the European Parliament and Council;
UK GDPR — Data Protection Act 2018, where UK data subjects are affected;
CCPA/CPRA — California Civil Code §1798.100 et seq., where applicable.

7.2. Roles (LGPD art. 5º, VI–VII / GDPR art. 4(7)–(8)). CATRACA acts as Processor / Operadora of the personal data the CUSTOMER stores in the platform; the CUSTOMER is the Controller / Controlador of that data. For the CUSTOMER's own account-identification data (email, WhatsApp, billing details), CATRACA acts as Controller.

7.3. Legal basis (LGPD art. 7º / GDPR art. 6). The CUSTOMER warrants having a proper legal basis — consent, contract performance, legitimate interest, legal obligation, or other — to collect and process the data it inputs, in particular the name, address, phone, and geolocation of its end customers and drivers. For its own customer-account data, CATRACA relies on contract performance and legitimate interest.

7.4. Data subject rights (LGPD art. 18 / GDPR arts. 15–22). As Processor, CATRACA supports the CUSTOMER in fulfilling data-subject requests within the applicable legal deadline (up to 15 business days under LGPD; up to 30 days under GDPR), including:

Access to data;
Rectification;
Erasure / right to be forgotten;
Portability;
Restriction of processing;
Objection to processing;
Withdrawal of consent;
Information on data sharing.

Requests related to the CUSTOMER's own account (not its end customers) are handled directly by CATRACA at [email protected].

7.5. Technical and organisational measures (LGPD art. 46 / GDPR art. 32). CATRACA applies controls proportionate to the risk, including: TLS 1.2+ in transit, AES-256 at rest, environment segregation, role-based access control, audit logs retained for 1 year, encrypted backups, documented incident response. Details at https://fleet.catraca.co/security.

7.6. Incident notification (LGPD art. 48 / GDPR art. 33). In case of a security incident affecting personal data under the CUSTOMER's responsibility, CATRACA will notify the CUSTOMER within 24 (twenty-four) hours of becoming aware, with enough information for the CUSTOMER to discharge its duties before the ANPD (Brazil), European supervisory authorities (DPAs), and data subjects.

7.7. International data transfers (LGPD arts. 33–36 / GDPR Chapter V). CATRACA's default infrastructure operates in São Paulo, Brazil. For CUSTOMERS required to keep data within the European Economic Area, CATRACA offers, on commercial request, EU-region hosting. Any cross-border transfer is performed under appropriate safeguards — Standard Contractual Clauses (SCCs) approved by the European Commission in their 2021 version, or equivalent in force — formalised in a specific DPA upon request.

7.8. Subprocessors (GDPR art. 28(4)). CATRACA maintains at https://fleet.catraca.co/security an up-to-date list of authorised subprocessors (currently: cloud provider, payment gateway, transactional email, monitoring). New subprocessors are subject to 30 (thirty) days' prior notice, during which the CUSTOMER may reasonably object; should disagreement persist, either party may terminate this Agreement without penalty.

7.9. Retention and deletion. Operational data is retained for the term of the contract. After termination, CATRACA keeps the data for 30 (thirty) days for recovery, exports it upon request, and proceeds to permanent deletion — except where a specific legal obligation requires longer retention (e.g., tax records for 5 years).

7.10. Data Protection Officer (DPO). CATRACA's Encarregado / Data Protection Officer is reachable at [email protected]. The CUSTOMER undertakes to appoint and publicise its own DPO where legally required.

7.11. Automated decision-making and profiling (GDPR art. 22). CATRACA does not perform, nor allow third parties to perform, automated decision-making producing legal effects or significant impact on data subjects using the CUSTOMER's data.

7.12. Supplementary DPA. Upon written request, CATRACA enters into a specific Data Processing Agreement (DPA), part of this Agreement, containing the elements required by GDPR art. 28 and ANPD Resolution CD/ANPD 15/2024, at no additional cost to CUSTOMERS on paid plans.

8. Limitation of liability

8.1. CATRACA will use reasonable efforts to maintain 99.5% monthly uptime, excluding scheduled maintenance with prior notice.

8.2. CATRACA is not liable for: outages caused by internet, power, or third-party infrastructure failures, or force majeure; delays, losses, damages, or errors in deliveries performed by CUSTOMER drivers; the content, quality, or compliance of the transported goods; labor, tax, or civil claims arising from the relationship between the CUSTOMER and its drivers or end customers.

8.3. CATRACA's total liability is capped at the total amount actually paid by the CUSTOMER in the 12 months preceding the event giving rise to liability.

9. Force majeure

9.1. Neither party is liable for non-performance caused by force majeure — including lightning, heavy rain, fire, acts of public authority, prolonged cloud provider outages, coordinated cyberattacks, or essential-service interruption.

10. General provisions

10.1. CATRACA may amend these Terms with 30 days' notice by email and publication at https://fleet.catraca.co/terms for substantial changes. Continued use after the notice period constitutes acceptance.

10.2. Tolerance of any breach does not constitute waiver of the right to enforce the clause later.

10.3. If any clause is held invalid or unenforceable, the others remain in full force.

10.4. This agreement is valid without physical signature, by electronic acceptance during registration, under Brazilian MP 2.200-2/2001 and Law 14.063/2020, and equivalent international electronic-signature law.

11. Jurisdiction

11.1. Omissions are preferably resolved by mutual agreement under applicable Brazilian law.

11.2. The courts of Taiobeiras/MG, Brazil are elected to settle any controversy arising from this agreement, with express waiver of any other.

Catraca · CNPJ 43.734.394/0001-14 · Taiobeiras/MG, Brazil Questions about these terms: [email protected]