Please read these Terms carefully before using the Golden Sat Waker App. By tapping “I have read and accept” in the app, you declare that you have read, understood and agree to these terms. If you do not agree, do not use the app.
1. Who we are
1.1. The Golden Sat Waker App (“Waker App” or “App”) and its related services are provided by GOLDEN XW SISTEMAS INTELIGENTES LTDA., registered with the CNPJ under no. 63.932.482/0001-38, headquartered at Rua Haiti, nº 129, Parque das Nações, Santo André/SP, CEP 09280-390, Brazil (“Golden Sat”, “we”, “us”).
1.2. Contact: suporte@wakerapp.com.br.
2. Definitions
- User or you: the natural person who uses the App, such as a driver, manager or administrator.
- Driver: the User who drives a vehicle while using the App.
- Contracting Company: the legal entity (carrier, fleet, shipper or partner) that contracts the Waker App and links Drivers to its operation.
- Manager: the User appointed by the Contracting Company to follow the operation in the Management Panel.
- Services: the App, the Fleet Management Panel (web), Waker Maps, Monitoramento Golden (Golden Monitoring) and the other features described in these Terms.
- Operation: the period between tapping “Start operation” and tapping “End operation”, during which driving monitoring is active.
- Privacy Policy: the document that explains how we process personal data, available in the App and on our official pages.
3. What the Waker App does
3.1. Fatigue and distraction detection. During the Operation, the App uses the phone’s front camera and artificial intelligence algorithms to identify signs of fatigue, drowsiness and distraction, such as prolonged blinking, yawning frequency, phone use while driving and lens obstruction. When it detects an event, it issues audible and visual alerts in the cab.
3.2. Event recording and telemetry. The App records risk events with date, time, location and, where applicable, images from the front and rear cameras. It also records trip data, such as route, speed, distance, acceleration and braking.
3.3. Start and end of Operation. When the Operation is started and ended, the App records the geolocation and a photo from the front camera, to prove who was driving and when.
3.4. Activation reminder. When the vehicle is moving without an active Operation, the App may remind the Driver to activate it, even in the background. The response (“activate operation”, “I am a passenger”, “I am not working” or no response) is recorded and, for linked Drivers, reported to the Contracting Company.
3.5. Stops and breaks. The App may suggest rest stops, record safety stops and automatically pause or end the Operation after a period without movement.
3.6. Reports and Driver Profile. The processed data generate reports, indicators and the “Driver Profile”, available to the Driver and, where there is a link, to the Contracting Company in the Fleet Management Panel.
3.7. Monitoramento Golden. When contracted by the Contracting Company, a monitoring center follows the trip, confirms stops by contacting the Driver and forwards incidents to the person in charge at the Company. The center does not make decisions about the trip and is not a risk management, escort or rapid response service.
3.8. Waker Maps (Trucker’s GPS). Navigation and route planning for trucks, with traffic restriction alerts, Safe Stop points, user reports and contributions, and display of nearby drivers. The specific rules are set out in Clause 8.
4. Registration and account
4.1. To use the App, you must be 18 years of age or older and, if you are a Driver, hold a Carteira Nacional de Habilitação (Brazilian National Driver’s License), or an equivalent document in your country, valid for the category of the vehicle you drive.
4.2. You undertake to provide true, complete and up-to-date information, including vehicle data, and you are responsible for it.
4.3. Access is personal. You must keep your password and your login methods (including third-party account sign-in) confidential and notify us immediately of any misuse.
4.4. If your account is created or linked by a Contracting Company, that company may manage your link, your subscription and access to operation data, in accordance with the Privacy Policy.
5. License to use
5.1. We grant you a limited, personal, non-exclusive, non-transferable and revocable license to install and use the App on devices you own or control, solely for the purposes set out in these Terms.
5.2. This license does not transfer to you any ownership rights in the App.
6. Plans, payments and cancellation
6.1. Downloading the App is free of charge. Some features are paid and may be purchased through an individual subscription in the official app stores or by the Contracting Company under a separate contract.
6.2. Prices, periods and conditions are displayed before purchase. Subscriptions made through the stores are charged, renewed and cancelled under the rules of the store used.
6.3. The Waker Maps Pro plan license is personal and tied to the Driver’s registration e-mail. Sharing access is prohibited.
6.4. Consumers in Brazil may withdraw from the purchase within 7 days of the purchase, pursuant to art. 49 of the Código de Defesa do Consumidor (Brazilian Consumer Protection Code). Consumers in the European Union and the United Kingdom have the 14-day right of withdrawal provided for by local law; by requesting the immediate start of digital content or a digital service, you acknowledge that this right may end once performance begins, within the limits of the law.
6.5. Upon expiry or cancellation of the subscription, paid features are deactivated. In Waker Maps, access reverts to the Basic plan and the registered vehicle profile is preserved.
7. Nature of the alerts and driver responsibility
7.1. The Waker App is a preventive support tool. It does not act on the vehicle’s brakes or steering and does not replace the driver’s attention, prudence, rest and skill.
7.2. Alerts depend on technical conditions such as lighting, phone position, a clean camera, battery, active permissions, and GPS and internet signal. Therefore, the absence of an alert does not mean the absence of risk.
7.3. The Driver remains responsible for complying with the Código de Trânsito Brasileiro (Brazilian Traffic Code) (or the local traffic law), road signs, orders from the authorities and the driving and rest times required by law, such as Lei nº 13.103/2015 (Brazilian Professional Drivers’ Law).
7.4. Do not handle the phone while the vehicle is moving. Set up the App before departing, with the device secured in a suitable holder, without obstructing your view.
7.5. When you receive a fatigue or drowsiness alert, stop in a safe place as soon as possible.
8. Waker Maps (Trucker’s GPS)
8.1. Routes, traffic restrictions (height, weight, length, time windows and zones), travel times, traffic, tolls and stopping points are support information. They come from map providers, public databases and user contributions, and are not guaranteed to be complete or updated in real time.
8.2. Road signs and orders from traffic authorities always prevail over any indication given by the App.
8.3. It is the responsibility of the Driver and, where applicable, the Contracting Company to: keep the vehicle data (height, length, weight, axles and load) correct; obtain the Special Transit Authorization (AET) and any other required licenses; and personally verify the safety of any stopping place. The name “Safe Stop” identifies a place registered for stopping and does not guarantee its safety.
8.4. In the Basic plan, routes use a generic truck profile and may not take your vehicle’s restrictions into account. In the Pro plan, routes use the registered vehicle profile.
8.5. When you use the nearby drivers feature, your approximate position and vehicle model may be displayed to other Waker Maps users, without your name.
8.6. The Basic plan may display advertisements.
9. Use by companies
9.1. When the Driver uses the App linked to a Contracting Company, operation data are made available to it in the Fleet Management Panel, in accordance with the contract between the Company and Golden Sat and with the Privacy Policy.
9.2. The Contracting Company is responsible for informing its Drivers about the monitoring, for having a legal basis to process the data and for its decisions on management, schedules, working hours, routes and any disciplinary measures. Golden Sat does not interfere in these decisions.
10. Prohibited conduct
10.1. You agree not to:
- violate or circumvent the App’s security measures;
- obstruct the camera, disable permissions or close the App to evade monitoring;
- use the App in a way that may damage it, overload it or harm other users;
- use data obtained through the App in an unauthorized manner;
- attempt to gain unauthorized access to the App or to related servers or networks;
- copy, resell, sublicense, decompile, reverse engineer or extract data by automated means;
- submit false, offensive or illegal reports or contributions, or ones containing third-party data without authorization;
- introduce viruses or any malicious code;
- use the App for any unlawful purpose.
11. Content you submit
11.1. Reports, photos, audio recordings, suggestions and contributions you submit remain yours. By submitting them, you grant Golden Sat a free, non-exclusive, worldwide and indefinite license to use, adapt and display them in the Services.
11.2. We may review, edit, reject or remove any contribution, especially if it violates these Terms or the law.
12. Intellectual property
12.1. The App and all of its content, including software, source code, algorithms, artificial intelligence models, databases, texts, images, 3D models, sounds, trademarks and logos, belong to Golden Sat or its licensors and are protected by intellectual property law.
12.2. Third-party maps, images and data belong to their respective owners and are used under license.
13. Third-party services
13.1. The App uses third-party services, such as app stores, third-party account sign-in, maps, route planning, place imagery, speech recognition and advertising. Use of these services is also subject to the terms of the respective providers.
13.2. We are not responsible for the content of third-party websites or services accessed through links.
14. Availability and technical requirements
14.1. The Services depend on a compatible phone, an up-to-date operating system, battery, camera and location permissions, and a data connection. Some features work without internet and synchronize later.
14.2. We strive to keep the Services available, but we do not guarantee uninterrupted or error-free operation. We may carry out maintenance, updates and changes to features, giving advance notice whenever the change is significant.
15. Limitation of liability
15.1. To the extent permitted by applicable law, Golden Sat is not liable for damages arising from:
- traffic accidents, collisions, rollovers, traffic violations, fines and vehicle seizures;
- acts, omissions, recklessness, negligence or misuse of the App by the User;
- failures of the phone, the mobile carrier, the GPS signal, the internet or third-party services;
- route, restriction or stopping place indications that do not match the actual road situation;
- robbery, theft or damage to vehicles and cargo;
- management decisions made by the Contracting Company;
- loss of profits, loss of data or indirect damages.
15.2. Nothing in these Terms excludes or limits liability that cannot be excluded by law, such as liability arising from willful misconduct, gross negligence or harm to life and health caused by Golden Sat, nor the rights guaranteed to consumers by the Código de Defesa do Consumidor or by the consumer protection legislation of your country.
16. Suspension and termination
16.1. We may suspend or terminate your access in the event of a breach of these Terms, fraud, unlawful use, an order from an authority or a risk to the security of the Services. Whenever possible, we will notify you in advance.
16.2. You may stop using the App at any time and request the deletion of your account by e-mail at suporte@wakerapp.com.br or through the App’s channels. Some data may be retained for the legal periods described in the Privacy Policy.
17. Privacy
17.1. The processing of your personal data is described in the Privacy Policy, which you must also read and accept.
18. Electronic record of acceptance
18.1. Acceptance of these Terms is given electronically, by tapping “I have read and accept”. To prove acceptance, we record: the version and the digital fingerprint (hash) of the accepted document, the date and time from our server, the IP address, the device model and operating system, the App version, the device’s geolocation, a photo from the front camera and the facial landmarks (face mesh) detected at the moment of acceptance.
18.2. You acknowledge this record as a valid means of proving your expression of will, pursuant to art. 10, § 2, of Medida Provisória nº 2.200-2/2001 (Brazilian Provisional Measure on electronic documents and signatures) and Lei nº 14.063/2020 (Brazilian Electronic Signatures Law). Acceptance is only completed once your face is detected by the front camera. If you deny location permission, the acceptance will be recorded with that information.
19. Changes to these Terms
19.1. We may update these Terms to reflect changes in the Services or in the law. Each version receives a number and a date.
19.2. When there is a new version, the App will display it and request a new acceptance before continued use. If you do not agree with the new version, you may close your account.
20. Users outside Brazil
20.1. If you live outside Brazil, including in the European Union, the European Economic Area, the United Kingdom or Switzerland, the mandatory consumer protection and data protection rules of your country of residence continue to apply to you, and nothing in these Terms sets them aside.
20.2. These Terms are made available in Portuguese, English, Spanish and French. In the event of any discrepancy, the Portuguese version prevails, unless the law of your country requires otherwise.
21. Governing law and jurisdiction
21.1. These Terms are governed by the laws of the Federative Republic of Brazil.
21.2. For consumers, the competent court is that of the consumer’s domicile. For all other Users, the courts of the judicial district (Comarca) of Santo André/SP are chosen. Consumers residing in the European Union may also bring proceedings before the courts of their country of residence.
22. Contact
Questions, complaints or requests: suporte@wakerapp.com.br — Golden XW Sistemas Inteligentes Ltda., Rua Haiti, nº 129, Parque das Nações, Santo André/SP, CEP 09280-390, Brazil.