1. Who this agreement is between

These Terms and Conditions ("Agreement") govern access to and use of the TruckWys platform, provided by TruckWys (Pty) Ltd, registration number 2025/773091/07 ("TruckWys", "we", "us"), by the customer that accepts this Agreement ("Customer", "you"). By creating an account, clicking to accept, or using the platform, you agree to be bound by this Agreement.

TruckWys (Pty) Ltd, 12 Keurboom Road, Claremont, Cape Town, 7800, Western Cape, South Africa.

2. Definitions

  • "Platform" means the TruckWys software-as-a-service application, including quoting, invoicing, trip profitability tracking and related features, accessed through the web dashboard or the mobile app.
  • "Subscription Fee" means the recurring monthly fee payable for access to the Platform.
  • "Invoice Fee" means the success fee payable on freight invoices processed through the Platform.
  • "Factoring Referral" means the optional introduction to our invoice financing partner described in clause 10.
  • "Customer Data" means data uploaded to or generated within the Platform by or on behalf of the Customer, including personal information as defined in POPIA.

3. The service

TruckWys grants the Customer a non-exclusive, non-transferable right to access and use the Platform for the Customer's internal business purposes for the term of this Agreement, subject to payment of the applicable fees and compliance with this Agreement.

TruckWys may modify, add to or discontinue features of the Platform from time to time, provided that we will give reasonable notice of any change that materially reduces core functionality.

4. Accounts and access

TruckWys is a business platform. A company account is created by the Customer, and the Customer's administrator then provisions accounts for its own staff. There is no public sign-up in the mobile app.

The Customer is responsible for keeping account credentials confidential, for all activity under its accounts, and for promptly removing access for people who leave. Notify us at support@truckwys.com if you believe an account has been compromised.

5. Fees and payment

5.1 Subscription Fee

The Customer will pay a Subscription Fee of R4,499 per month per fleet, or such other amount as set out in the applicable order form or on our pricing page, including any tiered pricing applicable to larger fleets.

5.2 Invoice Fee

TruckWys charges an Invoice Fee of 0.25% of the value of each freight invoice processed through the Platform. This fee is charged when a delivery is completed and the invoice is raised, not batched monthly.

5.3 Payment processing

Fees are collected via our payment gateway, Paystack, using a tokenised payment method provided by the Customer. The Customer authorises TruckWys to charge the Subscription Fee and the Invoice Fee to that payment method as they fall due. We do not receive or store full card numbers.

5.4 Non-payment, grace period and suspension

If a payment fails, the Customer's account enters a grace period of 7 days, during which the Customer keeps full access, TruckWys will retry the charge, and we will notify the Customer. Any successful charge during the grace period restores the account immediately. If payment is not collected within the grace period, the account is suspended and the ability to create quotes and invoices is restricted until the outstanding amount is paid. Continued non-payment may result in cancellation of the account.

5.5 Taxes

All fees are exclusive of VAT, which will be added where applicable.

6. Term and termination

This Agreement commences on the date the Customer accepts it and continues on a month-to-month basis until terminated by either party on 30 days' written notice. TruckWys may suspend or terminate the Customer's account immediately for material breach of this Agreement, non-payment beyond the grace period described in clause 5.4, or misuse of the Platform.

On termination, the Customer's right to access the Platform ends, and TruckWys will make Customer Data available for export for a period of 30 days, after which it may be deleted in accordance with our Privacy Policy and Data Processing Agreement. Records we are required by law to retain are kept for the statutory period described in section 10 of the Privacy Policy.

7. Mobile app licence

We grant you a limited, non-exclusive, non-transferable, revocable licence to install and use the TruckWys mobile app on devices you own or control, solely to access your TruckWys account. This licence ends when your account or this Agreement ends.

You may not:

  • Copy, modify, or create derivative works of the app
  • Reverse engineer, decompile, or disassemble it, except where that right cannot lawfully be excluded
  • Rent, lease, lend, sell, redistribute, or sublicense it
  • Remove or obscure any proprietary notices

Device permissions

The app asks for the following, each only when you use the related feature, and each declinable — the rest of the app keeps working if you say no:

  • Microphone — to record a voice quote
  • Photo library — to attach a proof of delivery, profile picture, or company logo
  • Notifications — to receive operational alerts about your bookings and invoices

Notifications

Operational notifications (booking status, payments, invoices, fleet alerts) are part of the service and can be tuned per category in Settings → Notifications. We will only send you promotional or product-news notifications if you switch that category on yourself; it is off by default.

Apple App Store terms

If you obtained the app from the Apple App Store, the following applies and prevails over anything inconsistent in these terms:

  • This agreement is between you and TruckWys only, not with Apple. Apple is not responsible for the app or its content.
  • Apple has no obligation to provide maintenance or support for the app. Support requests go to support@truckwys.com.
  • If the app fails to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price, if any. To the maximum extent permitted by law, Apple has no other warranty obligation.
  • TruckWys, not Apple, is responsible for addressing any claim relating to the app — including product liability, legal or regulatory non-compliance, and consumer protection claims.
  • TruckWys, not Apple, is responsible for investigating and resolving any third-party claim that the app infringes that party's intellectual property rights.
  • You represent that you are not located in a country subject to a U.S. Government embargo or designated as "terrorist supporting," and that you are not on any U.S. Government restricted-party list.
  • Apple and its subsidiaries are third-party beneficiaries of these terms and may enforce them against you.

If you obtained the app from Google Play, Google's Play Terms of Service apply to the distribution of the app in addition to these terms.

8. Customer obligations

  • Provide accurate account, billing and payment information, and keep it up to date
  • Use the Platform only for lawful purposes related to freight quoting, invoicing and fleet management
  • Ensure that any personal information uploaded to the Platform — for example driver details — is uploaded lawfully, and that the Customer has the necessary rights and consents to do so
  • Not attempt to reverse-engineer, resell, or provide unauthorised third parties access to the Platform

9. AI features

Our AI features — pricing and margin analysis, the AI assistant, natural-language quote creation and voice-to-quote transcription — are decision-support tools. They do not constitute financial, legal or professional advice.

You remain responsible for all business decisions. TruckWys does not warrant that quotes, toll calculations or profitability figures generated by the Platform will be error-free, and you remain responsible for verifying figures before relying on them commercially. How these features process your data is described in section 6 of our Privacy Policy.

10. Invoice financing (factoring) referral

Where the Customer opts in, TruckWys may introduce the Customer to Merchant Capital, an independent invoice financing provider, for the purposes of factoring the Customer's invoices.

TruckWys is not a credit provider and does not itself provide, underwrite or guarantee any factoring or financing arrangement. Any factoring agreement is entered into directly between the Customer and Merchant Capital, on Merchant Capital's own terms, and is subject to Merchant Capital's own credit assessment and approval — including its own fees and interest rates. TruckWys accepts no liability for the terms, approval, performance or outcome of any such arrangement.

11. Third-party services

The Platform integrates with third-party services, including Paystack (payments), Xero (accounting sync, where connected by the Customer), TomTom (routing) and MapTiler (map imagery), and relies on Anthropic and OpenAI for AI features, Google Firebase Cloud Messaging and the Apple Push Notification service for push notifications, Resend for transactional email, and Amazon Web Services for hosting.

Use of these integrations may be subject to the relevant third party's own terms. TruckWys is not responsible for the availability or performance of third-party services outside its reasonable control. The full list of providers that process personal information is in section 5 of our Privacy Policy.

12. Data protection

TruckWys will process personal information in accordance with POPIA, our Privacy Policy, and — where TruckWys acts as an operator on the Customer's behalf — the Data Processing Agreement incorporated by reference into this Agreement. Information about how to request access to records we hold is in our PAIA Manual.

13. Intellectual property

TruckWys retains all right, title and interest in and to the Platform, including all software, design and underlying technology. This Agreement does not transfer any intellectual property rights to the Customer. Customer Data remains the property of the Customer.

14. Warranties and disclaimers

TruckWys will use reasonable skill and care in providing the Platform. Except as expressly stated in this Agreement, the Platform is provided "as is", and TruckWys disclaims all other warranties, whether express or implied, to the maximum extent permitted by law.

15. Limitation of liability

To the maximum extent permitted by law, TruckWys's total liability arising out of or in connection with this Agreement is limited to the total Subscription Fees paid by the Customer in the 3 months preceding the event giving rise to the claim. Neither party is liable for indirect, special or consequential loss, including loss of profit or loss of business opportunity.

Nothing in this clause limits liability that cannot be limited under South African law, including liability arising from gross negligence, wilful misconduct, or breach of POPIA to the extent such limitation is not permitted. Where the Customer is protected by the Consumer Protection Act 68 of 2008, nothing in this Agreement limits or excludes any right that Act gives you, and any provision that would do so does not apply to you.

16. Indemnity

The Customer indemnifies TruckWys against any claim, loss or damage arising from the Customer's breach of this Agreement, unlawful use of the Platform, or unlawful upload of personal information to the Platform.

17. Confidentiality

Each party will keep confidential any non-public information disclosed by the other party in connection with this Agreement, and use it only for the purposes of this Agreement.

18. Online transaction disclosures

In accordance with section 43 of the Electronic Communications and Transactions Act 25 of 2002, TruckWys's full name, company registration number, physical address and pricing information are made available on the TruckWys website wherever the Customer transacts with TruckWys online, including at sign-up and checkout.

19. Governing law and disputes

This Agreement is governed by the laws of the Republic of South Africa. The parties will attempt to resolve any dispute through good-faith negotiation before resorting to litigation in the courts of South Africa, which have exclusive jurisdiction.

20. General

  • This Agreement, together with the Privacy Policy and the Data Processing Agreement, constitutes the entire agreement between the parties regarding its subject matter.
  • TruckWys may update this Agreement from time to time. Material changes will be notified to the Customer, and continued use of the Platform after such notice constitutes acceptance.
  • If any provision of this Agreement is found invalid or unenforceable, the remaining provisions continue in full force.
  • Neither party is liable for delay or failure to perform due to events beyond its reasonable control.
  • Notices under this Agreement should be sent to grant@truckwys.com, or to the registered address in clause 1, or to the Customer's registered account email address.

21. Contact

For questions about this Agreement, contact us at grant@truckwys.com. For app support, contact support@truckwys.com.