Terms of Service

Last Updated: February 26, 2026

These Terms of Service (the "Terms") constitute a legally binding agreement between you and CORPORACIÓN OTIF LOGÍSTICA INTEGRADA, S.A. DE C.V. ("OTIF," "we," "us," or "our") governing your access to and use of the OTIF Driver mobile application (the "App") and related services (collectively, the "Services"). By downloading, installing, accessing, or using the App, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you must not download, install, or use the App.

These Terms apply to all users of the App, primarily professional drivers with commercial driver's licenses who are employed by or contracted with transportation and logistics companies that have entered into a separate services agreement with OTIF ("Contracting Companies"). The App is a business-to-business ("B2B") logistics and transportation monitoring application designed to optimize logistics operations, support road safety monitoring, and facilitate compliance with transportation contracts through the monitoring of assets and shipments.

Table of Contents

1. Eligibility and User Representations

1.1 Driver Eligibility

The App is intended solely for use by adult professional drivers holding valid commercial driver's licenses. By using the App, you represent and warrant that you: (a) are at least eighteen (18) years of age; (b) hold a valid commercial driver's license issued by the appropriate governmental authority in the jurisdiction where you operate; (c) are employed by or contracted with a Contracting Company that has entered into a valid agreement with OTIF for the use of the Services; and (d) have the legal capacity to enter into a binding agreement.

1.2 Device Authorization

By using the App, you represent and warrant that you have the legal authority to permit the collection of device identifiers and other data from the mobile device on which the App is installed. If you are using a device owned by a Contracting Company or any third party, you represent that you have obtained all necessary permissions to use the App on such device. OTIF is not responsible for any disputes arising from your use of the App on a device for which you lack appropriate authority.

1.3 Partner Eligibility

Contracting Companies using the App represent and warrant that they: (a) entered into a separate services agreement with OTIF; (b) have obtained all necessary authorizations to engage drivers through the App; and (c) will ensure that all drivers using the App on their behalf comply with these Terms.

2. Description of Services

2.1 Core Functionality

The App is provided free of charge to drivers. Drivers do not pay any fee to OTIF for access to or use of the App. The App provides logistics optimization, road safety monitoring, contract compliance verification, device verification, operational communications, incident management, and photographic evidence capture services. A detailed description of the App's features and the data collected in connection with each feature is set forth in our Privacy Policy

2.2 No Account Registration

Account registration is not required for the use of the App. The App uses One-Time Password ("OTP") authentication to verify authorized devices. Further details regarding authentication and data collection are set forth in the Privacy Policy

2.3 Service Availability

OTIF shall use commercially reasonable efforts to make the App and Services available on a continuous basis. However, OTIF does not guarantee uninterrupted access to the App or Services, and we shall not be liable for any interruption or delay in access, whether due to scheduled maintenance, system upgrades, technical failures, force majeure events, or circumstances beyond our reasonable control

2.4 Automatic Updates

OTIF may from time-to-time issue updates to the App and may automatically update the version of the App on your device. You consent to such automatic updates and agree that these Terms shall apply to all such updates.

2.5 Technology Platform Only; No Transportation Services

OTIF is a technology service provider only. OTIF provides a software-based logistics monitoring and operational support platform. OTIF does not provide transportation services, motor carrier services, freight brokerage services, or logistics execution services. OTIF does not transport goods, take possession of cargo, operate vehicles, employ or supervise drivers, or assume responsibility for the physical movement or delivery of shipments.

All transportation services are provided exclusively by Contracting Companies or their designated transportation providers. Compliance with all applicable transportation, road safety, commercial licensing, and regulatory requirements is solely the responsibility of the Contracting Company and the driver.

The App provides informational and monitoring tools only. OTIF does not undertake, and expressly disclaims, any voluntary assumption of a duty of care with respect to transportation safety, route selection, regulatory compliance, or driver conduct. Drivers and Contracting Companies remain solely responsible for all operational decisions and for safe and lawful transportation operations.

Use of the App does not create any employment, joint employment, agency, or joint venture relationship between OTIF and any driver.

3. User Obligations

3.1 Compliance with Applicable Laws

You agree to use the App in compliance with all applicable federal, state, and local laws, regulations, and ordinances, including but not limited to transportation regulations, traffic laws, and data protection laws. You are solely responsible for ensuring that your use of the App does not violate any law or regulation applicable to your activities.

3.2 Accurate Information

You agree to provide accurate, current, and complete information in connection with your use of the App, including but not limited to incident reports, chat communications, and photographic evidence. You shall not knowingly provide false, misleading, or fraudulent information through the App.

3.3 Proper Use of Features

You agree to use the App's features, including the camera function, chat feature, and incident reporting capabilities, solely for their intended purposes as described in these Terms, in the Privacy Policy, and in accordance with the instructions provided by OTIF and your Contracting Company.

3.4 Device Security

You are responsible for maintaining the security and confidentiality of your device and any OTP credentials associated with your use of the App. You agree to notify OTIF and your Contracting Company immediately if you believe that your device or credentials have been compromised.

3.5 Location Services

You acknowledge and agree that the App requires access to precise geolocation data during active trips for the provision of Services and consent to the collection of such data as described in the Privacy Policy

4. Prohibited Conduct

The following conduct is strictly prohibited when using the App:

4.1 GPS Manipulation

Use of "Fake GPS" or any other method, application, device, or technique to manipulate, falsify, or spoof location data is strictly prohibited. This includes any attempt to circumvent the App's location tracking features or provide false location information.

4.2 Credential Sharing

Sharing OTP credentials or allowing multiple devices to service the same shipment is prohibited. Each OTP credential is linked to a specific device and shipment, and any unauthorized use or sharing of credentials violates these Terms.

4.3 Other Prohibited Activities

You agree not to: (a) use the App for any unlawful, fraudulent, or malicious purpose; (b) interfere with or disrupt the integrity or performance of the App or Services; (c) attempt to gain unauthorized access to the App, Services, or related systems or networks; (d) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the App; (e) modify, adapt, translate, or create derivative works based on the App; (f) remove, alter, or obscure any proprietary notices, labels, or marks on the App; (g) use the App in any manner that could damage, disable, overburden, or impair the App or interfere with any other party's use of the App; (h) use any robot, spider, scraper, or other automated means to access the App; (i) transmit any virus, worm, defect, Trojan horse, or other harmful code through the App; or (j) impersonate another driver, misrepresent your identity or affiliation with a Contracting Company, or provide false information regarding your authorization to service a shipment.

4.4 Consequences of Prohibited Conduct

Without limiting any other rights or remedies available to OTIF, users found to have engaged in prohibited conduct may be subject to: (a) immediate termination of access to the App; (b) reporting to the Contracting Company; and (c) removal from the OTIF network. OTIF reserves the right to pursue any legal remedies available under applicable law.

5. Intellectual Property Rights

5.1 OTIF Intellectual Property

The App, including all content, features, functionality, software, text, graphics, logos, icons, images, audio clips, and the compilation thereof, is owned by OTIF or its licensors and is protected by Mexican and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. These Terms grant you no right, title, or interest in or to the App, other than a limited, non-exclusive, non-transferable, revocable license to use the App in accordance with these Terms.

5.2 Trademarks

"OTIF," "OTIF Driver," and all related logos, product names, service names, and slogans are trademarks or service marks of OTIF. You may not use any OTIF trademarks without the prior written consent of OTIF. All other trademarks, product names, and company names or logos mentioned in the App are the property of their respective owners.

5.3 Feedback

If you provide OTIF with any feedback, suggestions, recommendations, or ideas regarding the App or Services ("Feedback"), you hereby assign to OTIF all right, title, and interest in and to such Feedback, and OTIF shall be free to use, disclose, reproduce, license, or otherwise distribute and exploit such Feedback without any obligation or compensation to you.

6. Data Ownership

All data generated through use of the App, including telemetry data, photographic evidence, chat records, and incident reports, belongs to OTIF. Such data may be shared with and used by Contracting Companies in accordance with OTIF's agreements with such Contracting Companies. Drivers do not retain ownership rights in data generated through the App. Data collected through the App may also be used to create records with evidentiary value for potential legal proceedings, insurance claims, or dispute resolution related to shipments and deliveries

7. Privacy

Your privacy is important to us. Our collection, use, sharing, and protection of personal data in connection with the App is governed by our Privacy Policy, available at https://otif.mx/privacy/driver. By using the App, you acknowledge that you have read and understood the Privacy Policy and consent to the data practices described therein. The Privacy Policy is incorporated into these Terms by reference.

8. App Store Terms

When you download the App from the Apple App Store, Google Play, or any other app store or app distribution platform (an "App Store"), you acknowledge and agree that

  • these Terms are concluded between you and OTIF, and not with the App Store, and that OTIF (not the App Store) is solely responsible for the App
  • the App Store has no obligation to furnish any maintenance and support services with respect to the App or handle any warranty claims
  • the App Store is not responsible for addressing any claims you have relating to the App, including product liability claims, consumer protection claims, intellectual property infringement claims, or any claim that the App fails to conform to any applicable legal or regulatory requirement
  • the App Store is a third-party beneficiary of these Terms and has the right to enforce these Terms against you as it relates to your license of the App through that App Store; and
  • you represent and warrant that you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a "terrorist supporting" country, and that you are not listed on any U.S. Government list of prohibited or restricted parties

You must also comply with the App Store's terms of service when using the App

9. Warranties and Disclaimers

9.1 General Exclusions

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE WARRANTIES SET FORTH UNDER THIS SECTION 9" ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR SATISFACTORY QUALITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, WHICH OTIF HEREBY EXPRESSLY DISCLAIMS. UNLESS OTHERWISE EXPRESSLY SPECIFIED, ALL SOFTWARE, MACHINE CODE, PROGRAMS, SERVICES, SUPPORT AND ALL THIRD-PARTY PRODUCTS AND SERVICES ARE PROVIDED "AS IS", WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, AND OTIF MAKES NO WARRANTY THAT ANY PRODUCT WILL OPERATE ON AN UNINTERRUPTED OR ERROR-FREE BASIS. THIRD PARTY MANUFACTURERS, SUPPLIERS, DEVELOPERS, SERVICE PROVIDERS, LICENSORS OR PUBLISHERS' MAY SEPARATELY PROVIDE THEIR OWN WARRANTIES TO YOU.

9.2 Specific Exclusions

OTIF DOES NOT WARRANT THAT THE APP OR SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. OTIF DOES NOT WARRANT THE ACCURACY, COMPLETENESS, OR RELIABILITY OF ANY INFORMATION, DATA, OR CONTENT OBTAINED THROUGH THE APP, INCLUDING LOCATION DATA, TELEMETRY DATA, OR ANY OTHER INFORMATION DISPLAYED OR TRANSMITTED THROUGH THE APP.

9.3 No Professional Advice

The App and services do not constitute legal, financial, professional, or other advice. The App may generate alerts or automated notifications. Such outputs are informational only and should not be construed as professional advice nor operational instructions. You should not rely on the App as a substitute for professional judgment or advice.

9.4 Third-Party Services

OTIF is not responsible for any products, services, or content provided by third parties, including Contracting Companies, or for any links to third-party websites or resources that may be accessible through the App.

9.5 Technology and Infrastructure Risks

The App relies on third-party infrastructure including, without limitation, global positioning system (GPS) satellites, cellular and telecommunications networks, cloud computing services, and internet connectivity. OTIF does not control and is not responsible for the availability, accuracy, or reliability of such third-party infrastructure. OTIF shall not be liable for any failure, interruption, delay, or inaccuracy of the app or services caused by GPS signal disruption, satellite unavailability, telecommunications outages, cloud service failures, internet connectivity issues, or any other third-party infrastructure failure. You acknowledge that location data and telemetry may be affected by environmental conditions, device limitations, signal interference, or other factors beyond OTIF's control.

9.6 Security

OTIF cares about the integrity and security of your information. However, OTIF cannot guarantee that unauthorized third parties will never be able to defeat our security measures. You acknowledge that you provide information through the app at your own risk. OTIF shall not be responsible for any damage, loss, or injury resulting from hacking, tampering, or other unauthorized access to or use of the app, our servers, or any information transmitted or stored in connection with the app.

10. Limitation of Liability

10.1

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL OTIF, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR SUBCONTRACTORS, BE LIABLE FOR (ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH: (A) YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE APP OR SERVICES; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY, INCLUDING CONTRACTING COMPANIES; (C) ANY CONTENT OBTAINED FROM THE APP; (D) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR DATA OR TRANSMISSIONS; OR (E) ANY OTHER MATTER RELATING TO THE APP OR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING GROSS NEGLIGENCE WHERE LEGALLY PERMISSIBLE), STATUTE, OR ANY OTHER LEGAL THEORY, WHETHER OR NOT OTIF HAS BEEN INFORMED OF THE POSSIBILITY OR FOREEABLE OF SUCH DAMAGE

10.2

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL AGGREGATE LIABILITY OF OTIF AND ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, LICENSORS, AND SERVICE PROVIDERS TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE APP OR SERVICES SHALL NOT EXCEED THE GREATER OF: (A) THE AMOUNT PAID BY YOU, IF ANY, TO OTIF FOR ACCESS TO THE APP IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (B) FIVE HUNDRED U.S. DOLLARS (USD $500.00) OR ITS EQUIVALENT IN LOCAL CURRENCY

10.3

The provisions of this Section 10 "Limitation of Liability" shall not apply to the extent prevented or restricted by mandatory applicable law (including without limitation in relation to fraud) that cannot be amended or excluded by contractual waiver.

11. Indemnification

1.1 Primary Responsibility of Contracting Companies

You acknowledge that your Contracting Company bears primary responsibility for your conduct while using the App in connection with your employment or engagement with such Contracting Company. Comprehensive indemnification and liability provisions governing the relationship between OTIF and Contracting Companies are set forth in OTIF's separate services agreements with such Contracting Companies.

11.2 Driver Indemnification for Personal Misconduct

To the extent permitted by applicable law, you agree to indemnify and hold harmless OTIF and its affiliates, directors, officers, employees, and agents from and against any claims, damages, losses, liabilities, costs, or expenses (including reasonable attorney's fees) arising directly from: (a) your willful misconduct, fraud, or intentional violation of these Terms; (b) your intentional violation of any applicable law; or (c) your intentional submission of false or fraudulent information through the App.

12. Term and Termination

12.1 Term

These Terms shall remain in full force and effect while you use the App.

12.2 Termination by User

You may terminate your use of the App at any time by uninstalling the App from your device and discontinuing use of the Services. Such termination shall not affect any rights or obligations that accrued prior to termination.

12.3 Termination by OTIF

OTIF reserves the right, in its sole discretion, to terminate or suspend your access to the App immediately, without prior notice or liability, for any reason whatsoever, including but not limited to: (a) your breach of these Terms; (b) your engagement in prohibited conduct as described in Section 4; (c) your violation of applicable laws or regulations; (d) a request or direction from a Contracting Company; (e) a request by law enforcement or other government agency; (f) unexpected technical or security issues; or (g) discontinuation of the App or Services.

12.4 Effect of Termination

Upon termination of your access to the App: (a) all rights and licenses granted to you under these Terms will immediately cease; (b) you must immediately cease all use of the App and delete all copies of the App from your devices; (c) OTIF may retain data generated through your use of the App in accordance with the data retention periods set forth in the Privacy Policy; and (d) all provisions of these Terms that by their nature shall survive, including without limitation, Sections 5, 6, 7, 9, 10, 11, 13, 14, and 15 shall survive termination.

13. Governing Law and Jurisdiction

These Terms and any dispute arising out of or relating to these Terms, or your use of the App, shall be governed by and construed in accordance with the laws of the United Mexican States ("Mexico"), without regard to its conflict of law provisions. Subject to Section 14 below, any dispute arising out of or relating to these Terms shall be brought before the competent courts located in Monterrey, Nuevo León, Mexico. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

You may not bring an action arising out of or related to these Terms more than twelve (12) months after the cause of action arose.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND OTIF WAIVE ANY RIGHT TO A JURY TRIAL IN ANY PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE APP OR SERVICES.

14. Dispute Resolution

14.1 Informal Resolution

Before initiating any formal dispute resolution procedure, you agree to first attempt to resolve any dispute, claim, or controversy arising out of or relating to these Terms or your use of the App ("Dispute") informally by contacting OTIF at legal@otif.mx. OTIF will attempt to resolve the Dispute informally by contacting you via email. If the Dispute is not resolved within thirty (30) days of submission, either party may proceed to formal dispute resolution.

14.2 Binding Arbitration

If a Dispute cannot be resolved informally, you agree that any Dispute shall be resolved by binding arbitration administered in accordance with the arbitration rules of the Centro de Arbitraje de México (CAM), or its successor, in effect at the time the arbitration is commenced. The arbitration shall take place in Monterrey, Nuevo León, Mexico. The language of the arbitration shall be English, unless otherwise agreed by the Parties. The arbitrator's decision shall be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

14.3 Class Action Waiver

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDING WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, YOU AND OTIF EACH WAIVE ANY RIGHT TO A JURY TRIAL AND ANY RIGHT TO PARTICIPATE IN A CLASS ACTION.

14.4 Exceptions

Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party's intellectual property rights.

15. General Provisions

15.1 Entire Agreement

These Terms, together with the Privacy Policy and any other policies or agreements referenced herein, constitute the entire agreement between you and OTIF with respect to the subject matter hereof and supersede all prior or contemporaneous communications, representations, or agreements, whether oral or written, with respect to such subject matter.

15.2 Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable under applicable law, such provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable, or if modification is not possible, shall be severed from these Terms. The invalidity, illegality, or unenforceability of any provision shall not affect the validity, legality, or enforceability of the remaining provisions.

15.3 Waiver

No waiver by OTIF of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition. Any failure of OTIF to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

15.4 Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without OTIF's prior written consent. Any attempt by you to assign or transfer these Terms without such consent shall be null and void. OTIF may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms shall bind and inure to the benefit of the parties, their successors, and permitted assigns.

15.5 Notices

All notices, requests, demands, and other communications under these Terms shall be in writing and shall be deemed to have been duly given: (a) when delivered by hand; (b) upon transmission when sent by email to legal@otif.mx (for OTIF) or to the email address associated with your Contracting Company account (for you), provided that a receipt confirmation is received; or (c) three (3) business days after being mailed by certified or registered mail, return receipt requested, postage prepaid. All such communications shall be considered a signed writing. An identification code or "user ID" contained in an electronic document shall be sufficient to verify the sender's identity and the document's authenticity.

15.6 Force Majeure

OTIF shall not be liable for any failure or delay in the performance of its obligations under these Terms where such failure or delay results from any cause beyond OTIF's reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, civil unrest, labor disputes, government actions, epidemics, pandemics, power outages, telecommunications failures, supply chain disruptions, tariffs or any other event outside of OTIF's reasonable control.

15.7 No Third-Party Beneficiaries

Except as expressly set forth herein with respect to Apple Inc. and its subsidiaries (as applicable), these Terms do not create any third-party beneficiary rights in any individual or entity that is not a party to these Terms.

15.8 Relationship of the Parties

Nothing in these Terms shall be construed to create a joint venture, partnership, agency, or employment relationship between you and OTIF. You have no authority to bind OTIF in any respect whatsoever.

15.9 Language

The English versions these Terms, regardless of whether a translation in any other language is or shall be made, shall be the only authentic ones. Any translation of these Terms in another language prepared for any reason shall be a non-binding accommodation of no legal effect, and the English version of these Terms, including any amendments or updates thereto, shall govern.

15.10 Headings

The headings in these Terms are for convenience only and shall not affect the interpretation of these Terms.

16. Export Regulations and Sanctions

16.1 Export Compliance

Any use, export, re-export, or transfer of the App and any related technical data, either directly or indirectly, is subject to applicable export laws and regulations, including without limitation those of the United States, the European Union, and Mexico. You are responsible for compliance with all applicable export laws and regulations when using, exporting, re-exporting, or transferring, directly or indirectly, the App or any related technical data. You shall defend, indemnify, and hold OTIF and its affiliates harmless from any claim, damage, liability, or expense (including but not limited to reasonable attorneys' fees, costs of investigation, and costs of defense) arising out of or in connection with any violation of this Section 16.

16.2 Sanctions

These Terms shall immediately terminate in the event you or your Contracting Company are listed as a restricted party on any sanctions list, including but not limited to the United Nations Sanctions List; United States Treasury Department's Office of Foreign Assets Control Specially Designated Nationals and Blocked Persons List; United States Department of Commerce's Denied Persons List, Entity List, or Unverified List; Mexico´s list of taxpayers with presumably non-existent operations issued by the Tax Administration Service; or any applicable United States, European Union or Mexican sanctions list. OTIF shall have no further obligations under these Terms until you are no longer designated as a restricted party.

17. Jurisdiction-Specific Provisions

The following provisions apply based on your jurisdiction of residence or the jurisdiction in which you use the App. To the extent any provision in this Section 17 conflicts with any other provision of these Terms, the provisions in this Section 17 shall prevail for users in the applicable jurisdiction

Mexico
If you are located in Mexico:

Nothing in these Terms excludes or limits any rights you may have under the Federal Consumer Protection Law ("Ley Federal de Protección al Consumidor") that cannot be excluded or limited by agreement. You may file complaints with PROFECO in accordance with applicable law.

These Terms are provided in both English and Spanish for users in Mexico. Both language versions are intended to have equal meaning. In the event of any ambiguity or discrepancy between the English and Spanish versions, the interpretation most favorable to OTIF shall prevail, provided such interpretation is reasonable and not unduly prejudicial to the driver.
United States
If you are located in the United States:

(a) No Transportation Liability. Consistent with Section 2.5, OTIF is not a motor carrier, broker, or freight forwarder under the regulations of the Federal Motor Carrier Safety Administration (FMCSA) or the U.S. Department of Transportation (DOT). OTIF does not assume any obligations or liabilities under such regulations.

(b) California Residents. If you are a California resident: (i) you waive California Civil Code Section 1542, which provides that "a general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party"; and (ii) you have the right to receive specific information regarding OTIF's collection and use of your personal information as described in our Privacy Policy.
European Union (EU) and United Kingdom (UK)
If you are a consumer located in the European Union or United Kingdom, nothing in these Terms shall affect your statutory rights under applicable consumer protection laws, including the Consumer Rights Act 2015 (UK) or the Consumer Rights Directive (EU). To the extent any provision of these Terms conflicts with mandatory consumer protection laws in your jurisdiction, such mandatory laws shall prevail.

Nothing in these Terms shall limit or exclude liability where such limitation is prohibited by mandatory applicable law.

The arbitration and class action waiver provisions in Section 14 shall not apply to the extent prohibited by applicable law in your jurisdiction.

18. Updates to These Terms

OTIF reserves the right to modify or update these Terms at any time in its sole discretion. When we make material changes to these Terms, we will notify you by posting the updated Terms at https://otif.mx/terms/driver and updating the "Last Updated" date at the top of this document. We may also provide notice through the App or by other means as required by applicable law. Your continued use of the App following the posting of changes constitutes your acceptance of such changes. If you do not agree to the modified Terms, you must discontinue your use of the App.

19. Contact Information

If you have any questions, concerns, or requests regarding these Terms, please contact us at:

Email: legal@otif.mx
General Privacy Inquiries: privacy@otif.mx

ACKNOWLEDGMENT

BY DOWNLOADING, INSTALLING, OR USING THE APP, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THEIR TERMS AND CONDITIONS.