Legal

Terms and Conditions

The terms governing access to and use of the Moving Truck platform.

Last updated: July 21, 2026

1. Identification of the Provider and Acceptance of the Terms

1.1Provider. The MovingTruck platform (the "Platform") is a software-as-a-service (SaaS) offering developed and operated by Delpagroup SA, tax ID No. 78.795.960-1, with its registered office at Santa Clara 301, Oficina 3802, Piso 3, comuna de Huechuraba, Santiago, Chile ("MovingTruck" or the "Provider"). Every reference to "MovingTruck" in these Terms means the Provider, and every reference to the "Platform" means the software service.
1.2Scope. These Terms and Conditions of Use (the "Terms") govern access to and use of the Platform in all of its forms: the public website, the web application for client companies, the administration console, the mobile application for operators, and the mobile application for drivers and mechanics.
1.3Acceptance. Use of the Platform constitutes full and unqualified acceptance of these Terms. Anyone who does not agree with them must refrain from registering for or using the service.
1.4Access granted through a company. Where access is granted in connection with an employment or contractual relationship with a Client Company, acceptance occurs upon the User's first login, without prejudice to the commercial agreement being entered into between MovingTruck and the Client Company.
1.5Order of precedence. If a signed services agreement exists between MovingTruck and a Client Company, that agreement will prevail over these Terms to the extent of any conflict; in all other respects, both instruments apply on a complementary basis.

2. Definitions

2.1Platform: as defined in clause 1.1. It comprises the services, web and mobile applications, public tracking and form pages, and features offered under the MovingTruck brand, as well as any integration interfaces that MovingTruck expressly enables in writing for a Client Company.
2.2Client Company: the legal entity or individual engaged in commercial activity that subscribes to a plan and under whose account users, vehicles, equipment, and operations are created.
2.3User: any individual who accesses the Platform using their own credentials, in any role.
2.4Company Administrator: a User with authority to manage the users, settings, plan, and master data of their Client Company.
2.5Operator: a User of a Client Company with access to the operational modules, such as orders, routes, fleet, monitoring, and finance.
2.6Driver: a User associated with a Client Company who uses the mobile application for drivers, with access to assigned routes, stops, inspection forms, expense reporting, and delivery evidence capture.
2.7Mechanic: a User who uses the same mobile application as the Driver, with features specific to maintenance and supplier charges.
2.8MovingTruck Staff: the Provider's personnel holding an administrative role over the Platform, responsible for document validation review, global catalogs, plans, and billing.
2.9Shared Fleet: the feature that allows a Client Company to authorize another company to use or view specified vehicles, equipment, or drivers, with granular permissions.
2.10Marketplace: the module that allows companies to post available loads or vehicles and to receive bids and counteroffers from other registered companies.
2.11Tender: the module that allows companies to run procurement processes for transportation services — requests for proposal (RFP), requests for quotation (RFQ), and live reverse auctions — receive submissions, and make awards.
2.12Client Content: all data, documents, images, signatures, coordinates, forms, and other information uploaded, generated, or transmitted by a Client Company and its Users through the Platform.

3. Description and Nature of the Service

3.1Purpose. MovingTruck is a technology management tool for transportation companies, shippers, and logistics operators. Its principal modules are:
management of transportation orders, routes, and stops;
dock scheduling;
fleet administration: vehicles, equipment, drivers, and mechanics;
maintenance, work orders, and service providers;
GPS monitoring of vehicles and, through the mobile application, of drivers;
zones and geofences with alerts;
forms and checklists;
cash advances and expense reporting, with automated reading of receipts;
carbon footprint estimation for shipments;
partner network and Shared Fleet;
Marketplace and Tenders;
notifications by email, WhatsApp, text message, and push notification;
a conversational assistant powered by artificial intelligence.
3.2MovingTruck is not a transportation company. It does not provide freight transportation services, does not operate vehicles, does not employ drivers, does not lease cargo capacity, and does not act as a freight forwarder, transportation broker, or intermediary.
3.3MovingTruck is not a party to agreements between companies. It is not a party to the transportation, sale, or service agreements that Client Companies enter into with one another or with third parties, whether through the Marketplace, the Tenders module, or by any other means. Those agreements are formed exclusively between the companies involved, which determine their own prices, conditions, timeframes, insurance, liabilities, and payment terms.
3.4No financial intermediation. MovingTruck does not participate in payments between Client Companies, charges no commission on transactions carried out, does not hold or safeguard third-party funds, and does not offer guarantee, escrow, or financial intermediation services. The amounts recorded on the Platform — bids, quotations, and estimates — are operational information entered by the parties.
3.5Other exclusions. MovingTruck is likewise not an insurance company or a supplier of satellite tracking devices, without prejudice to its ability to sell or lease complementary hardware under separately agreed terms.
3.6Public shipment tracking. The Platform makes tracking pages available without registration or login, accessed through a tracking code for an order, route, or handling unit. Anyone holding that code may view the status of the shipment and its progress events, including the recorded location, the address and city, the time of each event, the identifier of the assigned vehicle, and details of the person who recorded the event. The Client Company decides to whom it provides those codes and is responsible for that distribution; MovingTruck does not verify the identity of anyone who accesses the pages with a valid code. MovingTruck does not apply automatic expiration to those codes; the Client Company may request their revocation at any time at contacto@delpagroup.com.
3.7Public forms and checklists. The Client Company may enable forms and checklists that can be completed via link, without login, by third parties such as external carriers, suppliers, or consignees. The Client Company is responsible for informing those third parties of the purpose of the collection and of its own identity as data controller.

4. Registration, Accounts, and Credentials

4.1Registration information. Registration of a Client Company requires the submission of truthful, complete, and current information, including corporate name, tax identification number (RUT, CNPJ, CUIT, RFC, RUC, or other, depending on the country), registered address, and contact details.
4.2Document validation. MovingTruck may subject the Client Company and its vehicles, equipment, drivers, and mechanics to a document validation process requiring the submission of documents in accordance with country-configurable requirements. MovingTruck Staff may approve or reject those documents or request their renewal. The Platform may use automated processing to extract the expiration date of an uploaded document; that extraction is indicative only, may be corrected manually, and does not replace human review. Approval constitutes a check that the uploaded files are complete and formally current, and does not constitute certification, audit, or any warranty as to the authenticity of the documents before the issuing authority, nor as to the suitability, legal authorization, insurance coverage, or solvency of the validated company or individual.
4.3Safekeeping of credentials. Each User is responsible for safeguarding their credentials. Sharing accounts between individuals is prohibited. The Client Company is responsible for all actions carried out using its Users' credentials.
4.4Access management. The Client Company is solely responsible for creating and promptly deactivating its Users, assigning roles and permissions, revoking access when a person ceases to provide services, and ensuring that its Users comply with these Terms.
4.5Multi-company access. A single User may be linked to more than one Client Company, operating within one active company per session. Each Client Company may access only the information associated with its own account and information that other companies have expressly shared with it.
4.6Notice of unauthorized use. The User and the Client Company must immediately notify contacto@delpagroup.com of any unauthorized use or compromise of credentials.
4.7One-time code verification. The Platform may authenticate a User by sending a one-time code to the registered telephone number, by text message or WhatsApp, through a third-party messaging provider. By using this method, the User agrees that their telephone number will be transmitted to that provider solely for the purpose of delivery. MovingTruck logs verification attempts, including the date, IP address, and identifier of the browser or application used, for security and abuse-prevention purposes. The code is never stored in clear text. The User's mobile carrier charges may apply.
4.8Minimum age. The Platform and its mobile applications are intended exclusively for professional use by persons over 18 years of age. MovingTruck does not direct its services to children or adolescents and does not knowingly collect personal data from minors. The Client Company undertakes not to create accounts for persons under 18. If MovingTruck becomes aware that an account has been created in the name of a minor, it will deactivate the account and delete the associated data in accordance with section 14.

5. Plans, Subscriptions, Quotas, Billing, and Suspension

5.1Subscription model. Access to the Platform is contracted through subscription plans billed monthly per Client Company. The price consists of a base plan fee plus billable components, which currently include: connected GPS integrations, vehicles linked to GPS, drivers with mobile application access enabled, subaccounts, and orders per month.
5.2Metered order usage. Orders per month are billed on a metered basis: once the allowance included in the plan is exceeded, a per-unit charge applies to each excess unit at the rate in effect for the contracted plan. Registered drivers who do not have mobile application access enabled do not generate a charge under that component.
5.3Resource limits. Plans include resource limits: users, vehicles, drivers, equipment, subaccounts, related companies, and monthly orders. Once a limit is reached, the Platform will prevent the creation of new resources of that type until the plan is upgraded or an exception is agreed with MovingTruck.
5.4Module enablement. Access to certain modules — including GPS monitoring, Marketplace, Tenders, maintenance operations, zones, forms, and notifications — is enabled on a per-company basis. The modules included in each plan are set out in the commercial proposal in effect at the time of contracting, and their enablement or disablement is reflected in the Platform.
5.5Currency and taxes. List prices are stated in United States dollars (USD). Invoicing may be issued in the currency and with the taxes applicable in the Client Company's country. In Chile, transactions are documented with value-added tax at the rate in effect; the corresponding electronic tax document is issued in accordance with applicable regulations and made available to the Client Company through the channels MovingTruck designates, and may not be immediately available within the Platform. MovingTruck states its list prices in United States dollars (USD); where invoicing is issued in local currency, conversion is made at the exchange rate in force on the issue date.
5.6Payment methods. Payment is made by credit or debit card through the payment processor Stripe. The first charge is processed with strong cardholder authentication by the issuing bank (3D Secure). Subsequent renewals are charged automatically against the payment method stored in tokenized form by the processor. MovingTruck does not store the full card number.
5.7Internal credit and payment arrangements. Alternatively, and subject to prior written agreement, MovingTruck may enable internal credit or deferred-invoicing arrangements, with a default payment term of 30 days unless otherwise agreed. MovingTruck counts that term in calendar days from the issue date of the corresponding tax document.
5.8Renewal. The subscription renews automatically for successive monthly periods, unless notice of non-renewal is given at least 30 days before the end of the then-current period.
5.9Late payment and suspension. Failure to pay an invoice by its due date entitles MovingTruck to suspend access to the Platform in whole or in part, upon prior notice through the registered channels. During suspension, information remains stored but is not accessible. Reactivation occurs once payment is brought current. MovingTruck grants a grace period of 10 calendar days from the due date before suspending access, after which the outstanding amount accrues the maximum conventional interest rate in force.
5.10Demonstrations and promotional periods. MovingTruck may grant promotional or demonstration access through coupons for a defined term. Upon expiration of that term without conversion to a paid plan, access is blocked automatically. Unless MovingTruck expressly grants a coupon or promotional access, contracting through online registration does not include a free trial period.
5.11Refunds. Except as otherwise required by law, payments made are non-refundable for the period already accrued. MovingTruck does not issue prorated refunds for early termination or for a reduction in users or vehicles during a period already invoiced.
5.12Price changes. MovingTruck may modify its prices and the composition of its plans upon at least 30 days' notice before the effective date. The Client Company may elect not to renew before that date if it does not accept the new price.

6. Acceptable Use and Prohibited Conduct

6.1General principle. The Platform must be used solely for lawful, professional purposes and in accordance with these Terms.
6.2Prohibited conduct. The following is expressly prohibited:
a)Accessing or attempting to access data belonging to other Client Companies, or circumventing company-isolation, role, or permission controls.
b)Reverse engineering, decompiling, copying, or creating derivative works of the Platform or its code.
c)Carrying out bulk automated data extraction (scraping), load testing, or penetration testing without prior written authorization.
d)Uploading unlawful, defamatory, or malicious content, content that infringes third-party rights, or files containing malware.
e)Using the notification modules for unsolicited bulk messaging or for communications that violate applicable messaging, email, or consumer protection regulations. The Client Company is responsible for having a lawful basis to contact the recipients it uploads.
f)Posting on the Marketplace or in Tenders any false or fictitious offers, or loads that the poster has no intention or legal capacity to move.
g)Manipulating reviews, ratings, or the outcome of a reverse auction through coordinated accounts.
h)Using the artificial intelligence assistant as a substitute for professional legal, tax, employment, or safety advice, or to process data unrelated to the Client Company's operations.
i)Falsifying the device's location or altering shift records, delivery evidence, signatures, or expense reporting documents.
j)Sharing credentials or reselling access to the Platform to unauthorized third parties.
6.3Consequences. Breach of this section entitles MovingTruck to immediately suspend the User or Client Company involved.
6.4Logging and measurement of notification deliveries. Messages sent from the notification modules are logged on the Platform, including the recipient, the channel, the subject line, and the content of the message sent, for traceability and support purposes. Email messages include, as configured by the delivery provider, open-tracking and link-click measurement mechanisms. The Client Company is responsible for informing its recipients of this where applicable law so requires. MovingTruck does not currently offer the option to disable such measurement on a per-Client-Company basis.

7. Personal Data: Roles of the Parties, Monitoring, and Mobile Applications

7.1Processor role. With respect to the personal data of its Users, drivers, mechanics, workers, contacts, customers, and end recipients, the Client Company acts as data controller and MovingTruck acts as data processor, processing such data solely in accordance with the Client Company's instructions and as necessary to provide the service.
7.2Client Company representation. The Client Company represents and warrants that it has a sufficient lawful basis to enter such data into the Platform and that it has complied with its disclosure obligations toward the data subjects.
7.3Processing in which MovingTruck acts as controller. MovingTruck acts as data controller with respect to: billing data and data relating to the commercial relationship; account administration and security data, including session logs, IP address, device information, one-time code verification attempts, and audit logs of administrative actions; the document review that MovingTruck Staff performs to validate companies, vehicles, equipment, drivers, and mechanics in accordance with the requirements MovingTruck defines; and the operation of the inter-company network modules, namely the Marketplace, Tenders, and the review system. In all other respects, MovingTruck acts as processor on behalf of the Client Company in accordance with clause 7.1.
7.4GPS monitoring and monitoring of individuals. The Platform allows vehicle locations to be recorded through integrations with tracking providers and, through the mobile application for drivers, the location of the Driver's device. The latter is recorded only when the Driver starts a shift in the application and stops when the shift is closed; while active, the application records the position approximately every 60 seconds or every 100 meters traveled, whichever occurs first, discards redundant points, and continues recording with the application in the background or with the screen off. If the device loses connectivity, positions are stored locally and transmitted once the connection is restored. The purpose is to allow the Client Company and shipment recipients to follow the progress of the route and to evidence the performance of the services. The Client Company undertakes to:
a)Inform each affected Driver and worker in advance, expressly and in plain language, of the existence, purpose, frequency, temporal scope, and recipients of the monitoring.
b)Determine and document the lawful basis for the monitoring. The Client Company acknowledges that, in the case of employees, consent does not by itself constitute a sufficient lawful basis, given the inherent imbalance of the employment relationship. Monitoring must be grounded in the employer's power of organization and direction, exercised within the limits of respect for the worker's fundamental rights, applying criteria of suitability, necessity, and proportionality, and must be incorporated into the internal rules of order, health, and safety or the equivalent instrument applicable in the relevant country.
c)Limit tracking to working hours and to strictly operational purposes, refraining from using it for improper disciplinary purposes or outside working hours.
d)Comply with consultation or notice procedures involving trade unions or worker representatives where applicable.
e)Inform its Drivers and workers that the progress events they record, and the location associated with those events, may be viewed through the public tracking described in clause 3.6.
7.5Disclosure and control of tracking in the mobile applications.
a)Application for Drivers and Mechanics. The application requests background location permission and, before doing so, informs the User that location is collected even when the application is in the background or closed while a shift is open, that it is shared with the company for which they drive and with those tracking the shipment, and that collection stops when the shift is closed. MovingTruck keeps the text and version of the notice actually displayed in each version of the application and makes it available to the Client Company and to any authority that requests it.
b)Visible indicator. While capture is active, the application maintains a persistent notification on the device indicating that location is being shared with the company.
c)Revocation. The Driver may close the shift in the application or revoke the permission from the operating system settings at any time. Either action stops position recording and may prevent the company from viewing the Driver's progress, but does not prevent login or use of the application's other features, including viewing assigned routes, recording stops, uploading evidence, forms, and expense reporting.
d)Application for Operators. Location is captured only in the foreground, at the specific moment when the User records a pickup or delivery or completes a location field in a form, and always after acceptance of a specific notice. It does not use background location or location while the application is closed.
e)Record of consent. MovingTruck keeps, for 12 months, an electronic record with the date and time of each User's acceptance or rejection of that notice, in order to evidence it before the data subject and the supervisory authority.
7.6Permissions requested by the mobile applications. MovingTruck's mobile applications request the following permissions, for these purposes:
The applications do not use the microphone, do not use facial recognition or biometric data, do not access the device's contact list, do not use the device advertising identifier, do not display advertising, and do not track the User across third-party applications or websites. Certain permissions may appear declared by third-party components embedded in the applications even though no feature makes use of them.
7.7Public tracking. The Client Company acknowledges that use of the public tracking described in clause 3.6 involves making operational data and personal data of its workers available to unauthenticated third parties. The Client Company must inform the affected workers of this circumstance and refrain from distributing tracking codes to persons without a legitimate interest in the shipment.
7.8Shared Fleet and partner network. When a Client Company shares vehicles, equipment, or drivers with another registered company, it expressly authorizes the disclosure to that company of the data associated with those resources, including, in the case of individuals, their identification, document validation status, and recorded position while performing services for the receiving company. The sharing company represents that it has a lawful basis for that disclosure and has informed the affected workers; the receiving company may use those data only to coordinate the agreed services. MovingTruck applies the permissions configured by the sharing company and does not intervene in the scope that company chooses to grant.
7.9Privacy Policy. The processing of personal data is additionally governed by the MovingTruck Privacy Policy, which forms an integral part of these Terms and is permanently available at https://www.movingtruck.app/en/privacy-policy, without registration or login, accessible from the settings menu of both mobile applications and from the footer of the web applications. It is published in Spanish and Brazilian Portuguese.
7.10Data Processing Addendum. The specific terms of the processing engagement — purposes, categories of data, security measures, subprocessors, assistance with data subject requests, and return or deletion upon termination — are set out in the Data Processing Addendum, available at contacto@delpagroup.com, upon written request by the Client Company.

Permission	Application	Purpose
Foreground location	Driver and Operator	Display routes and stops, calculate distances, and record the place where a pickup, delivery, or expense report is logged
Background location	Driver only	Track route progress during an active shift, in accordance with clauses 7.4 and 7.5
Camera	Driver and Operator	Photograph delivery evidence, expense receipts, and validation documents
Photo library	Driver and Operator	Attach existing images to deliveries, forms, and expense reports, and save a local copy of captured evidence
Notifications	Driver and Operator	Route assignment alerts, operational alerts, and notices of required application versions
Storage	Driver and Operator	Save and attach operational files and maintain the local queue of positions when the device loses connection
Background execution and battery optimization exemption	Driver only	Prevent the operating system from interrupting tracking during an active shift

8. GPS Monitoring, Third-Party Providers, and Integrations with Client Company Systems

8.1Source of positioning information. Vehicle monitoring is carried out through integrations with satellite tracking providers contracted by the Client Company itself, which enters its own credentials into the Platform. Depending on the provider, the information is obtained through periodic polling or through transmissions that the provider pushes to MovingTruck.
8.2Authorization. The Client Company represents that it is authorized to grant MovingTruck access to the information in its account with the tracking provider and to share vehicle license plates and any other identifiers necessary for the integration.
8.3No warranty as to positioning information. MovingTruck does not warrant the accuracy, continuity, frequency, or timeliness of positioning information. That information depends on factors beyond MovingTruck's control, including: the availability and proper functioning of the tracking provider's interface or channel, mobile network coverage, satellite signal, the condition of the device installed in the vehicle, the battery and configuration of the Driver's phone, and operating system restrictions on background processes.
8.4Data cleansing and limitations. The Platform applies filters to discard anomalous positions and uses server time as its time reference. Even so, delays, gaps, repeated positions, or stale positions may occur. Zone, geofence, shift, and disconnection alerts are operational aids and must not be relied upon as the sole mechanism for security, regulatory compliance monitoring, or emergency response.
8.5Duty to verify. The Client Company is responsible for verifying the information before making critical decisions, particularly those concerning the safety of persons or cargo.
8.6Integrations with Client Company systems. At the Client Company's request, MovingTruck may configure the automatic import of orders from the Client Company's own systems, through web services or through direct queries to a database designated by it. Credentials provided for this purpose are stored encrypted and used solely for the agreed import. The Client Company is responsible for: (i) providing credentials with the minimum privileges necessary, restricted to the agreed views or queries; (ii) having a lawful basis to enter into the Platform the data transferred by that import, including contact details of senders and end recipients; and (iii) revoking the credentials upon termination of the service. MovingTruck is not responsible for the content, accuracy, or lawfulness of data imported from Client Company systems. MovingTruck does not require a separate technical agreement to configure these integrations, which are governed by these Terms and by the Data Processing Addendum.

9. Marketplace and Tenders

9.1Nature of the modules. The Marketplace and the Tenders module are venues where Client Companies post transportation needs or vehicle availability, receive bids, counteroffers, and submissions, and make awards to the counterparty they consider appropriate.
9.2Technology intermediary only. MovingTruck acts solely as a technology intermediary, as set out in clause 3.3, and does not verify the truthfulness of postings, the solvency of the parties, the actual existence of the load or vehicle, or performance of the obligations agreed. The document validation described in clause 4.2 and any validation status displayed by the Platform do not imply verification of authenticity before the issuing authority, nor any judgment as to the suitability, legal authorization, insurance coverage, or solvency of the validated company or individual, nor any recommendation to contract with it.
9.3Terms specific to each posting. The terms published by a company in a posting, tender, or auction are its exclusive authorship and responsibility; they do not originate from MovingTruck and are not reviewed by it.
9.4Effect of an award. The award of a bid may automatically generate an order and a route within the Platform. That generation is an operational record and neither replaces nor perfects the transportation agreement between the parties, which is governed by what they agree and by applicable law.
9.5Reviews and ratings. Upon completion of an awarded service, the participating companies may rate each other on operational dimensions — punctuality, communication, performance, condition of the cargo, condition of the vehicle, and professionalism — and leave comments. A review may also be associated with, and identify, the Driver who performed the service. The Client Company issuing the review is responsible for ensuring that its content is truthful, objective, relevant to the service performed, and not harmful to the honor or privacy of the person being evaluated; the employing Client Company must inform its Drivers that their performance may be rated by the counterparty. Reviews reflect the opinions of their authors and are not endorsed by MovingTruck. MovingTruck may remove reviews that are manifestly abusive or false or that violate these Terms, without thereby assuming any general obligation to moderate. A Driver who has been evaluated may request review or removal of a review identifying them by writing to the address indicated in section 17.
9.6Disputes between companies. Any dispute arising from an awarded transaction — price, performance, damage, shortage, delay, payment — must be resolved directly between the companies involved. MovingTruck does not arbitrate, does not mediate, and is not liable for such disputes, in accordance with clauses 3.4 and 12.2 c).

10. Intellectual Property, License to Use, and Artificial Intelligence Assistant

10.1Ownership. The Platform, its source code, architecture, databases, interfaces, designs, trademarks, logos, documentation, and every element comprising it are the exclusive property of MovingTruck or its licensors and are protected by intellectual and industrial property laws.
10.2License. The Client Company is granted a non-exclusive, non-transferable, revocable license, limited to the subscription term, to access and use the Platform for the internal purposes of its operations. No ownership rights are transferred.
10.3Client Content. Client Content is and remains the property of the Client Company. The Client Company grants MovingTruck a limited license to host, process, transmit, and display that content to the extent necessary to provide the service, including its transmission to the infrastructure and service providers described in section 13 and in the Privacy Policy.
10.4Aggregated data. MovingTruck may use aggregated and statistical data, dissociated such that no company or individual can be identified, to improve the service and produce internal metrics.
10.5Operation of the artificial intelligence assistant. The Platform includes a conversational assistant powered by language models provided by a third party, whose services are rendered from abroad and which acts as a subprocessor. In order to respond, the assistant may run queries against the Client Company information to which the User has access — including, among others, lists of drivers, users, contacts and addresses, vehicle positions, cash advances, and form responses — and transmits to the model provider the query written by the User, the recent turns of the conversation, and the results of those queries. In the automated expense receipt reading feature, the image of the receipt is also transmitted. MovingTruck has agreed with the model provider that the information transmitted is not used to train its models, in accordance with the commercial terms of the contracted API, and that it is retained in its infrastructure only for the period necessary to provide the service and to address security requirements.
10.6Conversation logging and usage limits. Conversations with the assistant, including the text entered by the User and the responses generated, are logged on the Platform in association with the User and the Client Company, remain available in the User's history, and are used for conversation continuity, usage control, billing, and debugging; they are retained in accordance with clause 13.7. The assistant's outputs are provided "as is," may contain errors or inaccuracies, and must be verified by the User before being used to make decisions. Use of the assistant is subject to a monthly usage allowance assigned to each Client Company; once exhausted, the feature is suspended until the following period. Availability of the assistant is enabled on a per-company basis.
10.7Suggestions. Suggestions or feedback that a User or Client Company submits regarding the Platform may be freely implemented by MovingTruck, without any consideration.

11. Availability, Maintenance, Backups, and Notifications

11.1Availability efforts. MovingTruck uses commercially reasonable efforts to keep the Platform available but does not warrant uninterrupted or error-free operation.
11.2Interruptions. The service may be interrupted for scheduled maintenance, updates, infrastructure provider incidents, network failures, or force majeure events. Scheduled maintenance will be announced with reasonable advance notice through the usual channels where possible.
11.3No committed service level. Unless a written service level agreement is expressly entered into, there is no availability commitment and no compensation for unavailability.
11.4Backups. The database and storage infrastructure used by MovingTruck is provided by third parties, and backups depend on the plan and terms of those providers. MovingTruck maintains daily automated database backups with a 30-day retention period, without committing to specific maximum data loss or recovery time objectives. Client Companies are advised to periodically export any information they consider critical.
11.5Evolution of the service. MovingTruck may modify, add, or discontinue features. If a material contracted feature is permanently discontinued, at least 30 days' notice will be given.
11.6Mobile application versions. The mobile applications may require minimum versions to be installed in order to continue operating. MovingTruck may announce and require updates for security or compatibility reasons.
11.7Push notifications. Push notifications are used exclusively for operational and service purposes: route assignments and changes, operational alerts, security notices, and notices of required application versions. They are not used for advertising or commercial promotions. The User may disable them at any time from the application or operating system settings, without this preventing use of the remaining features. Client Companies that use the notifications module to communicate with their Users, contacts, or recipients are subject to clause 6.2(e).

12. Limitation of Liability

12.1Service provided without implied warranties. The Platform is provided "as is" and "as available," without implied warranties of merchantability or fitness for a particular purpose, to the fullest extent permitted by applicable law.
12.2Exclusions. MovingTruck is not liable for:
a)Damages arising from operational, commercial, or security decisions made on the basis of information displayed on the Platform, including GPS positioning information.
b)Loss, theft, damage, shortage, or delay of the cargo transported.
c)Breach of obligations between Client Companies, including obligations arising from the Marketplace or Tenders.
d)The unavailability, errors, or suspension of third-party services, such as satellite tracking providers, the payment processor, messaging and email services, mapping services, application stores, and cloud infrastructure providers.
e)Misuse of credentials by the Client Company's Users.
f)Data loss caused by the acts of the Client Company itself or its Users.
g)The Client Company's failure to comply with its obligations regarding disclosure, determination of a lawful basis, and authorization in connection with the monitoring of its workers, or with the distribution of public tracking codes.
12.3Excluded damages. In no event will MovingTruck be liable for lost profits, loss of business, loss of reputation, or indirect, incidental, or consequential damages.
12.4Liability cap. MovingTruck's total aggregate liability on any basis arising out of these Terms is limited to the amount actually paid by the Client Company in subscription fees during the 12 months preceding the event giving rise to the claim.
12.5Limits on the exclusions. The foregoing limitations do not apply in cases of willful misconduct or gross negligence by MovingTruck, nor to any non-waivable rights afforded by law. These limitations do not affect the rights that consumer protection law grants to individuals acting outside their commercial activity, to the extent such law applies.
12.6Indemnity. The Client Company will hold MovingTruck harmless against third-party claims, including claims by its own workers, customers, or commercial counterparties, arising out of the Client Company's use of the Platform or its breach of these Terms.

13. Confidentiality, Security, and Data Protection

13.1Confidentiality. Each party undertakes to keep confidential the other party's confidential information to which it gains access in connection with the service, and not to disclose it or use it for purposes other than performance of these Terms.
13.2Security measures. MovingTruck applies technical and organizational measures to protect information, including: role-based access control and logical isolation by company for access through the application and its authenticated interfaces; password storage using cryptographic hash functions, which prevent recovery of the original password; encryption of third-party integration credentials stored on behalf of the Client Company; encrypted transport via HTTPS for communications between the applications and the servers; and audit logging of MovingTruck Staff administrative actions.
13.3Files uploaded to the Platform. Files uploaded by Users — validation documents, expense receipts, evidence photographs, and signatures — are stored in the infrastructure provider's object storage service and referenced by direct access URLs. The Client Company and its Users must not distribute those URLs outside the Platform. MovingTruck is migrating this scheme to signed links with expiration; until that migration is available, access operates as described herein.
13.4Security incidents. No security measure is infallible. MovingTruck will notify the affected Client Company, without undue delay, of security incidents that compromise personal data processed on its behalf, and will reasonably cooperate in managing them and in notifying the competent authority.
13.5Applicable regulations. The processing of personal data complies with applicable regulations, in particular: in Chile, Law No. 19,628 on the Protection of Private Life and Law No. 21,719, which regulates the protection and processing of personal data and creates the Personal Data Protection Agency; in Brazil, the Lei Geral de Proteção de Dados (Law No. 13,709/2018). Where Users are located in the European Union and the processing falls under Regulation (EU) 2016/679, its provisions will additionally apply. Law No. 21,719 provides for a deferred entry into force relative to its publication date and will enter into force on December 1, 2026, the date on which the Personal Data Protection Agency also begins operating. Until that date, Law No. 19,628 applies in full; from that date, references in these Terms to rights, time limits, and the supervisory authority will be understood as referring to the new regime, without any need to amend this document.
13.6Cross-reference. Details of the categories of data processed, recipients, international transfers, and the exercise of data subject rights are set out in the Privacy Policy, without prejudice to the minimum content established in the following clauses.
13.7Retention periods. MovingTruck retains information for no longer than the periods set out below, after which it is deleted or irreversibly anonymized:
The foregoing periods are suspended where a legal retention obligation or a pending administrative or judicial proceeding makes continued retention necessary.
13.8Location of processing and recipients. The Platform runs on third-party cloud computing infrastructure. Application services are deployed in data centers located in the United States of America, and the database and file storage are provided by a supplier whose infrastructure is located in the United States of America. Accordingly, use of the Platform involves the international transfer of personal data, for which MovingTruck implements the safeguards required by applicable law. MovingTruck relies on the following types of providers, which act as subprocessors and receive only the data necessary for their function: database infrastructure and file storage; application hosting; transactional email delivery; text message and WhatsApp delivery; push notification delivery; payment processing; mapping, geocoding, and map tile services; language models for the assistant; and exchange rate conversion. In addition, the Platform connects to the satellite tracking providers that each Client Company contracts on its own account and whose credentials it enters itself. The named and current list of subprocessors, with the country of processing and the category of data each receives, is published at MovingTruck's Privacy Policy, available at https://www.movingtruck.app/en/privacy-policy. MovingTruck will give at least 30 days' notice of the addition or replacement of a subprocessor, and the Client Company may object on reasonable data protection grounds.
13.9No sale of data. MovingTruck does not sell or transfer personal data to third parties for advertising or data brokerage purposes, and does not use Client Company information for targeted advertising.

Category	Maximum period
Driver location positions captured by the mobile application	12 months
Driving shifts and vehicle assignments	6 years
Vehicle positions received from tracking providers	12 months
Shipment tracking events and delivery evidence	12 months
Conversations with the artificial intelligence assistant	12 months
Session logs, IP address, and phone verification attempts	12 months
Driver and Mechanic validation documents	For the duration of the relationship with the Client Company, plus 12 months
Tax documents and accounting records	The period required by applicable tax law

14. Suspension, Termination, and Treatment of Data upon Termination

14.1Termination by the Client Company. The Client Company may terminate the subscription by notifying contacto@delpagroup.com at least 30 days before the end of the current period. Termination takes effect at the end of the period already paid for.
14.2Suspension and termination by MovingTruck. MovingTruck may suspend or terminate the service, in whole or in part, in the event of late payment, breach of section 6 (Acceptable Use and Prohibited Conduct), use that jeopardizes the security, integrity, or availability of the Platform, or a request from a competent authority. Except in cases of urgency or manifest illegality, a reasonable cure period will be granted.
14.3Effects of termination and return of Client Content. Access will cease for all of the Client Company's Users. For 30 days following termination, the Client Company may request from contacto@delpagroup.com the return of its Client Content. Return is carried out through a MovingTruck-assisted process and comprises the operational data exportable from the Platform's reports and the files uploaded by the Client Company, in commonly used formats, within 15 business days of the request. MovingTruck provides this delivery once and at no additional cost to the Client Company, in structured files in commonly used formats. After that window has elapsed, MovingTruck may proceed to delete or anonymize that content, except for information that must be retained under a legal, accounting, or tax obligation, or for the defense of claims.
14.4Deletion of a User account. Any User, including Drivers, Mechanics, and Operators, may request deletion of their own account and personal data, without having to contact a sales representative, through any of the following channels:
a)From the mobile application, at the settings menu, My account section, Delete my account option, once that option is available in the versions published in the app stores.
b)From the web, with no need to install the application or log in, using the public form available at https://www.movingtruck.app/en/account-deletion.
c)By email, writing from the registered address to contacto@delpagroup.com with the subject "Eliminación de cuenta," stating full name and the email or telephone number associated with the account.
The procedure is as follows:
14.4.1MovingTruck will verify the requester's identity and may request additional information solely for that purpose.
14.4.2The account will be deactivated and the User will lose access to all applications within a maximum of 2 business days from identity verification. Deactivation prevents login, assignment to new routes, and delivery of notifications to the device, and removes the associated notification tokens.
14.4.3Within a maximum of 30 days, profile data not required for the traceability of operations already performed will be deleted or dissociated: identity document number, telephone number, profile image, active sessions, and personal validation documents uploaded to the file storage service.
14.4.4The history of positions captured by the mobile application and the driving shifts associated with the User will be deleted or dissociated in accordance with the periods set out in clause 13.7.
14.4.5If the User has a cash advance wallet with a balance or expense reports pending approval, deletion or dissociation will be carried out once those items are closed or settled, and the User will be informed of the reason and the estimated timeframe.
14.5Retention following deletion. Certain information cannot be deleted immediately because it relates to the Client Company's operations or to its legal obligations: delivery evidence — photographs and signatures — form and checklist responses, cash advances, expense reports and their receipts, and documents with tax effects. Such information is retained under the Client Company's responsibility for the periods set out in clause 13.7 or for the period required by law, and is kept dissociated from the User's identifying data where technically feasible.
14.6Accounts created by a Client Company. If the User's account was created by a Client Company in connection with an employment or services relationship, MovingTruck will inform that Client Company, in its capacity as data controller, of the request and will coordinate the response with it within the legally applicable timeframes.
14.7Portability and other data subject rights. Any User may request, through the same channels indicated in clause 14.4, access to their personal data, its rectification or deletion, the objection to or restriction of certain processing, and the portability of the data they have provided, in a structured, commonly used format. Where a request concerns information for which the Client Company is the data controller, MovingTruck will refer it to that company and provide the assistance necessary to respond within the legally applicable timeframes.
14.8Statutory timeframes. MovingTruck will acknowledge receipt of every request within 2 business days and will respond within the timeframe established by the law applicable to the data subject. For data subjects in Brazil, the response will be issued within the 15-day period provided in article 19 of Law No. 13,709/2018. For data subjects in Chile, within the timeframe established by the regulations in force at the time of the request. If the statutory timeframe is shorter than the operational timeframe set out in clauses 14.4.2 and 14.4.3, the statutory timeframe will prevail.

15. Amendments to the Terms

15.1Right to amend. MovingTruck may amend these Terms to reflect changes in the service, in applicable law, or in its commercial practices.
15.2Publication. Amendments will be published at https://www.movingtruck.app/en/terms-conditions with an indication of the date of last update.
15.3Material changes. Material changes — meaning those affecting prices, scope of service, liabilities, or data processing — will be notified at least 30 days in advance by email to the Company Administrators of each Client Company and by notice within the Platform.
15.4Acceptance. Continued use of the Platform after the changes take effect constitutes acceptance of them. If the Client Company does not accept them, it may terminate the subscription before that date in accordance with section 14 (Suspension, Termination, and Treatment of Data upon Termination).

16. Governing Law and Jurisdiction

16.1Governing law. These Terms are governed by the laws of the Republic of Chile.
16.2Jurisdiction. Any dispute arising from their interpretation, performance, or termination will be submitted to the ordinary courts of justice sitting in Santiago, Chile, the parties waiving any other venue.
16.3Client Companies and Users domiciled in Brazil. Where the Client Company or the User is domiciled in Brazil, mandatory Brazilian public policy rules will additionally apply, in particular the Lei Geral de Proteção de Dados (Law No. 13,709/2018) and the Marco Civil da Internet (Law No. 12,965/2014). MovingTruck maintains a designated and publicly identified encarregado pelo tratamento de dados pessoais in accordance with article 41 of Law No. 13,709/2018, whose contact details appear in section 17, and makes these Terms and the Privacy Policy available in Brazilian Portuguese.
16.4Mandatory rules of the User's country. Where the relationship is subject to mandatory consumer protection or data protection rules of the User's country of residence, those rules will prevail to the extent applicable.
16.5Severability. If any clause of these Terms is held void or unenforceable, the remaining clauses will remain in full force and effect.

17. Contact

17.1Contact channels. For commercial inquiries, technical support, or notices relating to these Terms, the following channels are available:
Support and general inquiries: contacto@delpagroup.com
Personal data protection and exercise of rights: contacto@delpagroup.com
Data protection officer / encarregado (Law No. 13,709/2018, article 41): not appointed; requests are directed to contacto@delpagroup.com
Address for notices: Santa Clara 301, Oficina 3802, Piso 3, comuna de Huechuraba, Santiago, Chile
Website: www.movingtruck.app
17.2Supervisory authorities. In Chile, data subjects may also contact the supervisory authority competent under Law No. 21,719. In Brazil, the Autoridade Nacional de Proteção de Dados (ANPD).

18. Effective Date and Document Version

18.1The version of these Terms in force is the one published at https://www.movingtruck.app/en/terms-conditions.
18.2Date of last update: July 21, 2026.
18.3Version: 1.0.
18.4MovingTruck will retain prior versions of these Terms together with their periods of effect, in order to establish which version applied at any given time.

Contact

For questions about these Terms and Conditions, please write to us.

Delpa Group: Santa Clara 301, Office 3802, Floor 3, Huechuraba, Santiago, Chile