Terms of Use and End User License Agreement (EULA)

These Terms of Use and End User License Agreement (“Terms”) govern the use of RastreaMap and are entered into between 54.727.112 LEONARDO DE SOUZA SILVA, CNPJ 54.727.112/0001-78 (“RastreaMap”, “we”) and the legal entity or individual that subscribes to the service (“Customer”).

By creating an account, starting the trial, installing the RastreaMap app on Bitrix24 or using the service, the person acting on the Customer’s behalf represents that they are authorized to accept these Terms on its behalf. If there is a signed commercial proposal or contract, it prevails over these Terms where they differ.

• Platform: the web panel (SaaS), the Android app and the RastreaMap app for Bitrix24, together with the updates we release.
• Users: the people the Customer registers: managers and supervisors, who use the panel, and field users (operators), who use the mobile app.
• Customer Data: everything the Customer and its Users enter or generate on the Platform, such as records, locations, visits, photos, signatures, forms and time clock entries.

RastreaMap grants the Customer a non-exclusive, non-transferable, non-sublicensable and revocable license to use the Platform, valid for the term of the subscription, solely to manage its own field teams.

The license grants a right of use, not ownership. The app is provided in executable form; the Customer does not receive the source code. Each User has individual access, and the number of active field users may not exceed the contracted amount.

New accounts get a 7-day free trial with all features and no credit card. The trial is for evaluation only: there is no availability commitment or priority support during this period.

When the trial ends, access is suspended until the Customer subscribes. If the Customer does not subscribe, trial account data may be deleted 30 days after the end of the trial.

• Pricing is available on request and is set out in the commercial proposal accepted by the Customer.
• Billing is per field user active in the period, plus any optional modules contracted (such as the time clock and the voice assistant). Managers and supervisors who only use the panel are not billed as field users, unless the proposal states otherwise.
• Billing frequency, payment method, price adjustments and late payment charges follow the proposal. Applicable taxes are included unless stated otherwise.
• If payment is more than 15 days overdue, after notice by email, access may be suspended until payment is made. Data is not deleted during a suspension for late payment.

RastreaMap is a tool. Decisions about who is monitored, when and for what purpose belong to the Customer, which undertakes to:

• have a legal basis to process the location and other data of its workers (for example, performance of the employment contract or legitimate interest, under the Brazilian General Data Protection Law, LGPD) and comply with labor law and applicable collective agreements;
• inform its workers, in writing and before use, that the app records location during working hours, which data is collected, why and who has access, and point them to the privacy policy;
• use tracking only during working hours. The app only collects location while a work shift started by the worker is active; the Customer must not instruct or require workers to keep the shift active during breaks, days off, vacations or outside working hours;
• not use the data for discriminatory or abusive purposes, or for purposes unrelated to the work or service relationship;
• define who can access what in the panel (roles and teams), keep passwords confidential and immediately revoke access for anyone who leaves;
• when a worker uses a personal phone, have a clear policy on device use and any reimbursement, and never require access to personal data on the device other than the app’s data.

The Customer and its Users must not:

• use the Platform to monitor people who are not its workers or contractors, or without their knowledge;
• use the Platform for illegal or fraudulent activities or activities that infringe third-party rights;
• copy, modify, decompile, reverse engineer or attempt to obtain the source code, except where expressly permitted by law;
• resell, rent or sublicense the Platform, or offer it as a service to third parties, without written authorization;
• attempt to access other companies’ data, bypass limits and access controls, test for vulnerabilities without authorization or overload the infrastructure (including through automation or excessive API calls);
• upload viruses, malicious code or unlawful content, such as photos or files that infringe third-party rights;
• falsify location, identity or time clock entries, or instruct workers to do so.

With respect to the data of the team and of the customers visited, the Customer is the controller and RastreaMap is the processor (Brazilian Law No. 13,709/2018 – LGPD). RastreaMap processes this data only to provide the service, following the Customer’s instructions and these Terms, and undertakes to:

• maintain appropriate technical and organizational security measures, such as encryption in transit and per-company isolation;
• use sub-processors (hosting, maps, push notifications and, when the Customer enables it, AI providers) bound by confidentiality and security obligations;
• notify the Customer, without undue delay, of any security incident affecting Customer Data;
• assist the Customer in responding to data subjects and authorities, as applicable to a processor;
• return or delete the data at the end of the contract, as set out in section 14.

RastreaMap is the controller only of account registration and billing data and of technical security logs. Details are in the privacy policy (in Portuguese), which forms part of these Terms.

The optional time clock module works as a software-based Electronic Time Recorder (REP-P) under Brazilian Ministry of Labor Ordinance (Portaria MTE) No. 671/2021. Responsibilities are split as follows:

• RastreaMap (developer): keep the software compliant with the Ordinance’s technical requirements, record time entries without allowing them to be changed or deleted, issue the receipt to the worker, generate the official files (AFD and AEJ) and provide the Customer with the software’s technical certificate and statement of responsibility (atestado técnico e termo de responsabilidade).
• Customer (employer): decide to adopt REP-P in accordance with the law and collective agreements; correctly register employer and worker data; obtain and keep the technical certificate available to labor inspectors; set up the digital certificate when required; manage working hours, adjustments and hour banks; keep and present files and documents for the legal periods; and instruct workers on how to clock in and out.

Without complete employer data and the technical certificate, the Customer must not use the module as its official working-hours record.

• We work to keep the Platform available 24 hours a day, 7 days a week, but we do not guarantee uninterrupted operation. Scheduled maintenance is announced in advance whenever possible.
• The app records location and visits even without internet and sends them when the connection is back. Tracking quality depends on the device, GPS, network and Android battery settings, which are outside our control. Guidance is on the download page (in Portuguese).
• Support is provided in Portuguese and English, on business days, from 9 am to 6 pm (Brasília time, UTC−3), through the contact page. Different service levels may be agreed in the proposal.
• We may change, improve or discontinue features without materially reducing what was contracted.

The Platform connects to third-party services chosen by the Customer or required for it to work, such as Bitrix24 (CRM), Google Maps and Waze (navigation), mobile notification services and AI providers used by the voice assistant, when the Customer enables that module.

The use of these services is governed by each provider’s own terms and policies, which the Customer must accept directly with them where applicable. RastreaMap is not responsible for failures, changes, charges or unavailability of these services and may adjust or discontinue an integration if the provider changes its technical or commercial conditions.

Authorized resellers. RastreaMap may be purchased through an authorized reseller partner, who sets up and manages the Customer’s workspace. With the Customer’s consent (which can be withdrawn at any time in Settings), the partner’s support team may access the workspace for a limited time (up to 4 hours per access), stating a reason; every access is logged, notified to the Customer and available for review. During support, the partner cannot adjust time records, export AFD/AEJ files, change the subscription or the digital certificate, or delete data. Under the LGPD, the partner acts as a sub-processor, processing personal data only to provide support and following the Customer’s instructions and these Terms.

The software, the RastreaMap brand, logo, icons, documentation and Platform improvements belong to RastreaMap and are protected by Brazilian copyright and software laws (Laws No. 9,610/1998 and No. 9,609/1998) and industrial property law. Nothing in these Terms transfers these rights to the Customer.

Customer Data belongs to the Customer. The Customer authorizes us to use it only to provide, maintain and protect the service. We may produce aggregated, anonymized statistics that identify neither the Customer nor any person, to improve the Platform. Suggestions sent by the Customer may be used freely, with no obligation to pay.

• The Platform is provided as described in the documentation and the proposal. The Customer is responsible for decisions made based on its information, including employment decisions, and for the content it enters.
• RastreaMap is not liable for loss of profits, loss of revenue, indirect damages, or failures caused by the Customer, Users, devices, the internet or third-party services.
• RastreaMap’s total liability related to these Terms is limited to the amount paid by the Customer in the 12 months before the event giving rise to the claim.
• These limitations do not apply to willful misconduct, gross negligence or cases where the law does not allow them.

• The Customer may cancel the subscription as set out in the proposal; absent a specific rule, cancellation takes effect at the end of the period already paid, with no pro rata refund.
• RastreaMap may suspend access, in whole or in part, for non-payment (section 5), material breach of these Terms, risk to the security of the Platform or other customers, or an order from an authority. Whenever possible, we give prior notice and time to fix the issue.
• After the contract ends, the Customer has 30 days to export its data (reports, spreadsheets, work order PDFs and, in the time clock module, the AFD and AEJ files). After this period, the data is deleted or anonymized, except for data the law requires us to keep.

We may update these Terms. Material changes are announced in the panel or by email at least 30 days in advance, unless the law requires them sooner. If the Customer does not agree, it may cancel before the effective date; continuing to use the Platform after that date means accepting the new version. The version and effective date are always shown at the top of this page.

These Terms are governed by the laws of the Federative Republic of Brazil. The courts of São Paulo/SP are elected to settle any matter related to them, to the exclusion of any other, however privileged, except for jurisdiction rules that the law does not allow to be waived.

If any provision is held invalid, the others remain in force. Tolerating a breach does not waive any right. These Terms were originally written in Portuguese; in case of any discrepancy, the Portuguese version prevails.

Questions about these Terms can be sent through the contact page. Personal data matters follow the data protection officer channel indicated in the privacy policy.