Terms of Service

Version 1.0 · Effective August 11, 2026

1. Agreement and acceptance

These Terms of Service («Terms») govern access to and use of KontrolFleet («Platform»), operated by GRUPO AMX LOGÍSTICA COMERCIO Y SERVICIOS («the Provider»).

By registering, subscribing, accessing, or using the Platform, the Customer represents that it has read, understood, and accepted these Terms. If the Customer does not agree, it must not use the Platform.

The Customer acts on its own behalf and, where applicable, on behalf of the entity it represents; it represents that it has sufficient authority to bind that entity.

In case of discrepancy between language versions, the Spanish version shall prevail.

2. Service description

The Platform is a cloud software service that enables transportation organizations to manage fleet operations, personnel, compliance, documentation, communication, and analytics, according to the subscribed plan.

Functional scope, usage limits, enabled modules, and service levels depend on the subscription plan and configuration agreed with the Provider.

Certain Platform capabilities, including those related to specific regulations and vehicle parameters, may vary by geography, subscribed plan, and providers.

The Provider may improve, modify, or retire features as set out in section 9, seeking not to materially impair the primary contracted use.

3. Accounts, access, and invitations

The primary administrator creates the organization account and may invite additional users with defined roles and permissions.

Each user is responsible for safeguarding its credentials and for all activity under its account.

The Customer must promptly notify the Provider of any unauthorized use or security incident related to access.

The Provider may require strengthened authentication, identity verification, or access restrictions when reasonably necessary for security or compliance.

4. Subscription plan and licenses

Access to the Platform is granted through periodic subscription, subject to payment of applicable fees, taxes, and agreed commercial terms.

Licenses are limited, non-exclusive, non-transferable, and revocable under these Terms, solely for internal use by the Customer and authorized Affiliates.

The subscription includes office licenses (administrators and office staff) and operator licenses, with independent prices and quotas. An active plan requires at least one license of each type, unless the service is cancelled entirely.

User, vehicle, storage, or other limits depend on the subscribed plan. Exceeding limits may result in additional charges or access restrictions.

Trial periods, promotions, or courtesy access, when offered, are governed by the specific conditions communicated to the Customer. When a trial ends, the full subscription cycle is charged based on the contracted quantities.

5. Permitted use and Customer obligations

The Customer will use the Platform in compliance with applicable law, these Terms, official documentation, and reasonable instructions from the Provider.

The Customer is responsible for the accuracy of information it enters, for obtaining required privacy notices and consents from employees, drivers, and third parties whose data it processes through the Platform, and for complying with transport, safety, labor, and data protection rules that apply to it.

The Customer will maintain appropriate internal policies on mobile device use, location tracking, video monitoring, hours-of-service records, and other features it enables.

6. Restrictions and intellectual property

The Customer must not, directly or indirectly: (a) sublicense, resell, rent, or make the Platform available to unauthorized third parties; (b) reverse engineer, decompile, or attempt to obtain source code, except where expressly permitted by law; (c) bypass technical protection measures or usage limits; (d) use the Platform for unlawful, fraudulent purposes or in violation of third-party rights; (e) introduce malware or intentionally overload infrastructure; (f) use the Platform to develop a substantially similar competing product.

The Platform, its software, design, interfaces, workflows, algorithms, documentation, trademarks, and other protected elements are the exclusive property of the Provider or its authorized owners.

These Terms do not transfer any intellectual property rights in the Platform to the Customer, except the limited use license described in section 4.

The Customer retains ownership of Customer Data it uploads or generates through the Platform, subject to the license necessary for the Provider to deliver the service.

7. Customer Data, confidentiality, and feedback

«Customer Data» means information, files, records, and content that the Customer or its users enter, upload, sync, or generate in the Platform.

The Customer grants the Provider a worldwide, non-exclusive, limited license to host, process, transmit, back up, and display Customer Data solely to provide, maintain, protect, and improve the Platform, and as described in the Privacy Policy.

Each party will treat the other party's non-public information received in connection with the service as confidential and protect it with reasonable care.

Suggestions, comments, or ideas the Customer provides to the Provider may be used freely without compensation obligation, provided they do not include the Customer's trade secrets identified as such in writing.

8. Third-party integrations

The Platform may interoperate with third-party services (for example, payment processing, maps, messaging, telematics devices, electronic invoicing, or productivity tools).

Use of integrations may require separate accounts, credentials, or terms from the third party. The Provider does not control or guarantee those services.

The Customer is responsible for evaluating the legality, security, and suitability of integrations it enables, and for data it shares with third parties.

9. Availability, support, and changes

The Provider will seek to keep the Platform continuously available, except for scheduled maintenance, updates, force majeure events, or causes beyond its reasonable control.

Support is provided through channels and hours indicated in applicable documentation or commercial agreement.

The Provider may update the Platform, fix errors, modify interfaces, or adjust technical requirements. When a change materially affects contracted use, the Provider will seek to provide reasonable advance notice.

10. Suspension and termination

The Provider may suspend or limit access if the Customer breaches these Terms, fails to pay, poses a security risk, or when required by competent authority.

Either party may terminate the subscription under applicable commercial terms. Upon termination, the Customer must cease use and the Provider may disable access.

After termination, the Provider will make Customer Data available for export for a reasonable period, unless legal retention obligations apply or restrictions arise from breach.

Sections that by nature should survive (including confidentiality, ownership, limitation of liability, and indemnification) will remain in effect.

11. Disclaimer of warranties

The Platform is provided «as is» and «as available». To the extent permitted by applicable law, the Provider disclaims express or implied warranties of merchantability, fitness for a particular purpose, uninterrupted accuracy, or error-free operation.

The Provider does not warrant that the Platform will meet all Customer needs, that third-party integrations will operate without interruption, or that location, telemetry, or compliance data will always be accurate.

Platform capabilities related to specific regulations and vehicle parameters are advisory; they may be incomplete, outdated, or unavailable depending on the region, and do not replace the Customer's operational judgment or obligation to comply with applicable law.

The Customer is responsible for validating business-critical information and maintaining backup and contingency procedures.

12. Limitation of liability and indemnification

To the extent permitted by applicable law, the Provider will not be liable for indirect, incidental, special, consequential damages, loss of profits, loss of data, or business interruption, even if advised of the possibility.

The Provider's total cumulative liability for any claim relating to the Platform or these Terms is limited to the amount actually paid by the Customer for use of the Platform during the calendar month immediately preceding the event giving rise to the claim, or, if the incident occurred in the same month, to the amount corresponding to one month of service for use of the Platform.

The foregoing limits do not apply to liability that cannot be excluded under mandatory law, or to indemnities for willful misconduct or gross negligence where prohibited by law.

The Customer will defend and indemnify the Provider against third-party claims arising from use of the Platform in breach of these Terms, applicable law, or third-party rights, including processing personal data without an adequate legal basis.

13. Export and force majeure

The Customer represents that it is not subject to export restrictions or sanctions preventing use of the Platform and agrees to comply with applicable export control laws.

Neither party will be liable for delay or failure caused by events beyond its reasonable control, including natural disasters, labor disputes, widespread telecommunications failures, acts of authority, or mass cyberattacks not attributable to gross negligence of the affected party.

14. Governing law, arbitration, and general provisions

These Terms are governed by the laws of the United Mexican States, without prejudice to mandatory consumer or data protection rules that may apply in other jurisdictions.

Any dispute not amicably resolved within thirty calendar days after written notice will be submitted to arbitration administered by the Centro de Arbitraje de México (CAM), seated in Monterrey, Nuevo León, under its current rules. The award will be final and binding.

These Terms constitute the entire agreement regarding their subject matter and supersede prior understandings on that subject. If any provision is invalid, the remainder will remain in effect.

The Provider may assign these Terms in case of corporate reorganization or business transfer. The Customer may not assign them without the Provider's prior written consent.

15. Glossary

15.1. «Affiliate»

An entity that controls, is controlled by, or is under common control with the Customer.

15.2. «Applications»

Mobile applications distributed by the Provider to access Platform features.

15.3. «Customer»

The legal entity or business individual that subscribes to the Platform and, where applicable, its authorized Affiliates.

15.4. «Customer Data»

Information entered or generated by the Customer or its users in the Platform, excluding aggregated or anonymized data derived under the Privacy Policy.

15.5. «Documentation»

Manuals, guides, help articles, and technical materials published or provided by the Provider.

15.6. «Platform»

KontrolFleet, the SaaS service operated by the Provider, including web interfaces, Applications, and enabled APIs.

15.7. «User»

A person authorized by the Customer to access the Platform through an Account.

15.8. «Account»

An individual access profile associated with a User.

16. Contact

GRUPO AMX LOGÍSTICA COMERCIO Y SERVICIOS

Email: [email protected]

Website: https://kontrolfleet.com