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Terms and Conditions of Service

Last Review: October 14, 2025

*This agreement was originally drafted in Spanish. In the event of any differences between the original and a translated version, the Spanish version shall prevail over all others.

01. Introduction

Welcome to DRIVIN, a cloud-based software service (SaaS), hereinafter referred to as the “PLATFORM” or “DRIVIN”, owned by DRIVIN SpA, domiciled in Chile.

DRIVIN is a Transportation Management System (TMS) software which, through a mobile application integrated with its web portal, offers its CLIENTS real-time control of their entire fleet.

02. Definitions

The relationship between the CLIENT, the USERS, the BROWSERS, and DRIVIN within the platform is governed by these Terms and Conditions of Use, under the following definitions:

  • BROWSER: A natural person who does not qualify as a CLIENT or USER and merely views the website through the internet.
  • CLIENT: A legal entity that accepts DRIVIN SpA’s commercial service proposal or that of any of its subsidiaries.
  • USER: A person authorized by the CLIENT who registers on DRIVIN and possesses a username and password.
  • USER ACCOUNT: An account created for the CLIENT’S USERS which enables access to DRIVIN.
  • DRIVIN APP: SaaS software that provides TMS (Transport Management System) services, composed of a web application and its mobile client.
  • DRIVIN API: A service that allows interaction between DRIVIN APP and the CLIENT’S systems through unique encrypted client-specific keys.

03. Acceptance of Terms and Conditions

By registering, accessing, or using the platform, the USER declares that they have read, understood, and accepted these Terms and Conditions, committing to comply with them. If the USER does not accept them, they must not connect, register, access, or use DRIVIN.

These Terms constitute a binding contract with DRIVIN SpA.

04. DRIVIN API

DRIVIN API is an application owned by DRIVIN SpA and is designed to enable CLIENT integrations in a simple and user-friendly way, thereby reducing implementation time and accelerating project execution. In case the CLIENT contracts these services, they will be permitted to use and benefit from DRIVIN API in exchange for a recurring monthly fee. To acquire this service, the CLIENT must already have DRIVIN APP.

The minimum subscription period for this service shall correspond to the term of each contract and shall be subject to the commercial agreement executed between DRIVIN and the CLIENT, and therefore the CLIENT undertakes not to terminate early the relationship governed by these Terms from the start of service provision.

If the CLIENT unilaterally and prematurely terminates the relationship within the agreed minimum term, DRIVIN may charge and demand payment of the total agreed price for the service. Likewise, the CLIENT shall be obligated to pay the total value of the service in the event of early termination due to suspension or cancellation of the service for non-payment during the minimum term.

Upon expiration of the minimum term, the integration service shall be automatically renewed on an annual basis, unless the CLIENT expresses its intention not to continue using the services, for which the CLIENT must send written notice to DRIVIN at least thirty (30) days prior to the effective termination date of the relationship.

05. Rights Granted by the User

The USER authorizes DRIVIN to:

Use the processor, bandwidth, and hardware of their device to facilitate the operation of DRIVIN APP and DRIVIN API.

Use their contact data as established in this document and in the Privacy Policy available at https://driv.in/privacy-policy.

06. Security Policies

DRIVIN adopts the necessary measures to protect the CLIENT’S information and data. If any irregular or potentially risky changes are detected, DRIVIN may contact the USER and/or CLIENT to verify the information.

07. Service Level Agreement and Technical Support

Once the DRIVIN services have been acquired, the Service Level Agreement (SLA) and support framework will be sent, with the schedules and channels for attending technical incidents that may arise during platform use.

You may request technical support using the in-app helpdesk function or by email to soporte@driv.in. DRIVIN will make reasonable efforts to respond to such requests in a timely manner. DRIVIN cannot guarantee that any technical support issue will be resolved; however, we will make reasonable efforts to carry out technical support services in a professional manner. Specific SLAs will be agreed with each client and supported in their respective contracts.

08. User Obligations and Restrictions of Use

As a USER you have the following obligations and restrictions of use:

  • Do not share your username and password with persons outside the Company, nor use or attempt to use another user’s account, passwords, or system.
  • Provide only truthful and accurate information regarding your personal data.
  • Do not interrupt or interfere with any other user’s account on the Website and/or Mobile App or the Services of affiliated or linked sites.
  • Do not upload, publish, or transmit through the Website and/or Mobile App or the Services any virus or other harmful, damaging, or destructive files.
  • Do not interrupt or interfere with the security of the Website and/or Mobile App, the Services, User Content, system resources, accounts, passwords, servers, or networks connected or accessible through the Website and/or Mobile App or any affiliated or related site.
  • Do not access any of the Services by any means other than those provided by DRIVIN or its authorized partners, nor through automated means.
  • Do not breach the physical or IT security measures put in place by DRIVIN to prevent or restrict access to the PLATFORM.
  • Do not print, reproduce, distribute, or publish content hosted on the PLATFORM, such as images, logos, texts, recommendations, comments, and any other content of the PLATFORM.
  • Do not create a browser, frame (framing), or graphical user interface around DRIVIN without authorization.

09. Obtaining a User Account

  • STEP 1: To use our Web Platform, Mobile App, products, and services, the USER must request a USER ACCOUNT through the local contract manager, which is personal and non-transferable.
  • STEP 2: For registration of the USER ACCOUNT, DRIVIN will request data such as name, address, mobile phone number, as well as at least one valid payment method. The CLIENT undertakes to keep the information in their Account accurate, complete, and up to date. DRIVIN reserves the right to suspend or cancel accounts for which there are indications they are used in contradiction with these conditions.
  • STEP 3: Finally, the CLIENT and its USERS may choose a personal and non-transferable password and accept these terms and conditions upon registration, in order to enjoy their USER ACCOUNT. The CLIENT accepts and understands they are responsible for maintaining the confidentiality of all USERS and passwords.

The CLIENT may also access DRIVIN using a third-party account. By doing so, they authorize DRIVIN to collect their profile and personal activity information related to the use of the platform.

DRIVIN is not responsible for any damage caused by or related to theft or misappropriation of the username, password, User Content, disclosure of the username or password, or the authorization the CLIENT grants to any other person to use their username or password.

If the CLIENT or its USERS become aware of any unauthorized use of their USER ACCOUNT, please notify soporte@driv.in immediately.

10. User Content

Holders of a USER ACCOUNT on DRIVIN may upload data, information, materials, and documents to be stored in the software. User Content may be used in any manner authorized by the holder of the USER ACCOUNT.

DRIVIN does not control, edit, or disclose information about the USER ACCOUNT of its CLIENTS without prior permission, except as specified in these Terms of Service or in the Privacy Policy.

DRIVIN does not review, inspect, edit, or monitor the User Content stored by the account holder. DRIVIN reserves the right, at its sole discretion, to reject, remove, or disable access to User Content stored on DRIVIN servers that may be considered illegal or could violate the terms of these Terms of Service.

11. Fees and Payments

DRIVIN charges its CLIENTS the price described in the commercial proposal. Information on pricing, payment methods, and refund conditions, if any, may be obtained by each CLIENT from their assigned commercial representative or from the person designated by DRIVIN for that purpose.

Applicable prices, including costs, expenses, and taxes, will be communicated to the CLIENT and are subject to adjustments at any time. In such cases, the corresponding information will be sent so that the CLIENT may decide whether or not to accept such adjustments before they take effect.

12. Acceptable Use and Unauthorized Access

Acceptable Use

THE CLIENT AND THE USER shall not:

(a) use the PLATFORM to resell the services of the Platform or to share time-of-access or allow unrelated third parties to exploit DRIVIN.

(b) provide system passwords or other login information to any third party outside their company;

(c) access the Platform to build a product using the Platform’s ideas, features, functions, or graphics, or to copy any features, functions, or graphics of the Platform.

If any breach of these requirements is suspected, access to the PLATFORM may be suspended.

Unauthorized Access

The CLIENT shall take reasonable measures to prevent unauthorized access to the Platform, including but not limited to protecting their passwords and other login information. The CLIENT shall notify DRIVIN immediately of any known or suspected unauthorized use of the Platform.

13. Warranties and Limitation of Liability

DRIVIN guarantees the functionality of the Software, provided it is used in accordance with the technical specifications and conditions of use. The Software may not be modified in its functionalities by the CLIENT.

DRIVIN shall not be liable for damages to the Software caused by viruses, electrical failures, computer damage, improper handling, and/or loss of information by the USER. Nor will possible failures caused by deficiencies in the CLIENT’s facilities, breakdowns in the company’s network, power surges, lack of maintenance of equipment and computer servers, as well as any anomalies not directly attributable to DRIVIN be covered.

Through DRIVIN APP and DRIVIN API, the CLIENT only has the possibility of managing and having an analysis of their assets, in accordance with the data provided, constituting a best-efforts obligation in the provision of the service.

The CLIENT acknowledges and accepts that IT-based systems are not infallible to possible failures, damage, viruses, cyberattacks, and/or illegal manipulations; all of these are risks intrinsic to technology-supported services. Notwithstanding the foregoing, DRIVIN does everything reasonably within its reach and makes its best efforts to prevent the occurrence of such risks; however, it is impossible to guarantee their total elimination in the provision of its services.

13.1 Limitation of Liability – DRIVIN API

The integration as a service will be provided by DRIVIN API with due care, diligence, and capacity and in accordance with methods deemed technically appropriate. In the event of deficiencies in DRIVIN API, DRIVIN undertakes to make every effort to resolve them in a timely and efficient manner. The CLIENT acknowledges and accepts the same risks intrinsic to technology-supported services.

By accepting these service conditions, the CLIENT confirms that they understand and accept that communication between DRIVIN API and their systems is subject to the requirements mentioned in the section “INTELLECTUAL PROPERTY – DRIVIN API.” If the CLIENT does not want or cannot comply with the requirements to use this service, they will not be able to fully use DRIVIN API.

14. License of Use and Intellectual Property

DRIVIN SpA guarantees that it is the owner of the PLATFORM, the SOFTWARE, and all its components, retaining all intellectual property rights, including software, graphics, user interfaces, and visual materials.

The CLIENT and its USERS acquire a limited, non-exclusive, non-transferable, and revocable license to use the platform. Any unauthorized use will result in the immediate termination of the license and possible legal action.

It is prohibited to copy, publish, emulate, clone, download, transmit, rent, lease, lend, sell, assign, modify, distribute, license, sublicense, decompile, disassemble, reverse engineer, or transfer the licensed program, or any subset of the Web or its services. Any unauthorized use will result in the immediate and automatic termination of this license.

DRIVIN SpA may update or modify the PLATFORM through new versions, with improvements, new functionalities, or additional security measures.

14.1 Intellectual Property – DRIVIN API

DRIVIN holds the proprietary copyrights over the tool (hereinafter: “Middleware” or “DRIVIN API”), including, among others, all software used and all graphics, interfaces, and logos, and authorizes the CLIENT solely to use and enjoy “DRIVIN API” without this implying a transfer of ownership or title over the application.

The license to use “DRIVIN API” is non-transferable and the CLIENT may not use said application to integrate two or more systems different from DRIVIN APP. Likewise,  the CLIENT undertakes not to remove, hide, or alter information related to ownership (including that relating to copyrights or industrial property) contained or added in the application; nor to carry out or allow its personnel to carry out actions such as copying, decompiling, reversing, disassembling, attempting to obtain the source code, decrypting, modifying, or creating derivative products from DRIVIN API or any service provided by the application or any of its components. In case of non-compliance, DRIVIN will revoke the license granted to the CLIENT for the enjoyment of the application, without prejudice to filing the corresponding legal actions.

DRIVIN API may be consumed from the CLIENT’s servers, computers, or machines. In this case, DRIVIN will provide the CLIENT with a unique and non-transferable APIKey. For the correct operation of integrations, the CLIENT must have certain third-party programs which have their own terms of use.

The CLIENT shall freely and voluntarily choose, among the third-party programs to be downloaded, the one they prefer according to their technical criteria; likewise, the CLIENT must be familiar with and agree to the terms of use of each of these external programs before proceeding with their download and installation. DRIVIN is not the owner of and has no responsibility for or control over the terms or conditions of use of third-party programs; nor does it have any explicit or implicit obligation to offer any technical or other support for such programs. In these cases, the CLIENT must contact the distributing entity or manufacturer of the program, or the service provider, to obtain technical support and customer service related to the program, services, and products of said distributor or provider.

IMPORTANT: By accepting these terms and conditions of use of DRIVIN API, the CLIENT confirms that they understand and accept that installation and use of the integrations are subject to the requirements mentioned above. The CLIENT assumes all responsibility and risk associated with installing and using applications, as well as with the third-party programs necessary for their operation. If the CLIENT does not wish or cannot comply with the installation requirements mentioned above, they should not install any application.

The CLIENT releases and holds harmless DRIVIN, its employees, and directors from any liability in relation to any claim, damage, or loss arising from the installation or use of the application and the third-party programs mentioned.

DRIVIN undertakes that in the execution of the integration no other legally protected copyright will be violated. In the event a third party files a claim, directly or indirectly, against the CLIENT for the use or exploitation of intellectual property related to the execution of this agreement, DRIVIN will hold the CLIENT harmless and pay indemnities, damages, court costs, legal fees, attorneys’ fees, and other amounts that may be paid as a result of such a claim, provided that said claim is attributable to DRIVIN’s conduct.

15. Trademarks and Trade Names

The trademark, logo, trade slogan, and other distinctive signs of DRIVIN are the exclusive property of DRIVIN SpA and/or its subsidiaries. No right of use or license over these is granted to the CLIENT or USER.

16. Links to Third-Party Sites and Materials

DRIVIN may contain links to third-party websites. The USER acknowledges that DRIVIN has no control over such third-party sites and acknowledges and agrees that DRIVIN is not responsible for their availability or for their services or content.

THIRD-PARTY SITES are governed by their respective Terms and Conditions of Use.

17. Copyright Notices and Claims

If the USER, CLIENT, or WEB BROWSER believes that DRIVIN has infringed their copyrights, they may send the respective communication to our corresponding departments at soporte@driv.in.

18. Access to Service

DRIVIN reserves the right to suspend the operation of the Services, this Website and/or Mobile App, or any part thereof; such suspensions may occur with or without prior notice (due to force majeure) in cases such as repair, maintenance, system failures, or for reasons of force majeure beyond DRIVIN’s control.

19. Term and Modifications

The term of these terms and conditions corresponds to the period of use of DRIVIN by the CLIENT and its USERS or by WEB BROWSERS. In the event that the Terms and Conditions must be modified to comply with legal requirements, such modifications may take effect immediately or as required by law.

20. Governing Law

Any claim relating to DRIVIN or its use shall be governed by the laws and dispute resolution mechanisms established in the services contract that the CLIENT has with DRIVIN SpA or any of its subsidiaries. Any claim to be filed by a WEB BROWSER relating to the PLATFORM and its use shall be governed by Chilean law.

Unless otherwise agreed, disputes shall be submitted to the Parties for review in order to seek a direct settlement within no more than 30 business days from the date on which either Party notifies the other in writing of the existence of a disagreement and explains it. Disputes that cannot be resolved directly between the Parties shall be resolved as follows:

  • Conciliation or Mediation: To be carried out before a conciliation or arbitration center located in the domicile of DRIVIN SpA or any of its subsidiaries, upon individual or joint request by the Parties. If within 60 business days from the start of the conciliation process—understood as the date of the first summons to the Parties issued by the conciliation center—the Parties do not reach an agreement to resolve their differences, then within the next 30 calendar days they must bring the matter before a Court located in the domicile of DRIVIN SpA.

Inquiries of any kind, or claims for any reason, may be sent to contacto@driv.in. Please read our https://driv.in/privacy-policy.

21. Intellectual Property over Custom Developments

Any development, functionality, module, integration, or customized improvement requested by the CLIENT and executed by DRIVIN SpA—whether as part of a service contract, a custom project, or additional development—shall be the exclusive intellectual property of DRIVIN SpA.

The CLIENT acknowledges that such developments constitute a derivative or complementary work of the main DRIVIN software and therefore do not confer any right of ownership, title, or use other than that expressly authorized in the current contract.

DRIVIN SpA reserves all patrimonial, moral, and exploitation rights over such developments, and may reuse, adapt, or commercialize them freely, without obligation of additional compensation to the CLIENT.

Copyright © 2025 DRIVIN SpA. All rights reserved.

This Website, the Mobile App, and all associated products, documentation, and developments are the intellectual property of DRIVIN SpA and are protected by intellectual property laws and international treaties.