1. The GTC apply to all services offered by TRACKS under the label 'TRACKS for Carriers'. They form the contractual basis for all services that are used by the user of the 'TRACKS for Carriers' services.

2. These general terms and conditions apply exclusively. Deviating, conflicting or supplementary terms and conditions of the user do not become part of the contract unless TRACKS expressly agrees to their validity in writing

1. The service is a web-based platform that can be executed by a browser. Local installation is therefore not necessary to use the service. The services are non-binding.

2. By setting up a user account and transmitting the access data, TRACKS grants the user the limited, simple, non-transferable, non-sublicensable or copiable right to use the services in the license area during the contract period. The license area includes the countries of the EU as well as Switzerland and Norway, unless otherwise regulated in the offer.

3. With the platform, TRACKS offers the user the opportunity to analyze, optimize and communicate performance factors of the activity of their own commercial vehicle fleet. Factors include fuel efficiency, trip costs and associated CO² emissions.

4. The range of functions of the individual services and features results from the current product description of "TRACKS for Carriers" on TRACKS' website.

5. After registering, the user can view TRACKS' platform with sample data (= any data that is not the data of their own vehicle fleet). To connect the data of their own vehicle fleet, the user can set up APIs (Application Programming Interfaces) with the Connected Services of the respective vehicle manufacturers (including RIO, Daimler Fleetboard, Volvo Connect and DAF Connect) and other third-party providers.

6. The quality of the analyses depends on the quality of the received initial data and the design of the specific analysis. The user is solely responsible for this since he provides the database. TRACKS generally does not check or assess the data to be evaluated.

7. The services of TRACKS are partly based on software / services of third parties (e.g. analysis tools, database systems, etc.) or are dependent on third parties with regard to their functionality. TRACKS has no influence on possible changes to this software / services of third parties. In the event of changes to third-party software / services or security concerns, it may happen that TRACKS cannot provide certain services to the usual extent. In such cases, taking into account the interests of the user, TRACKS is entitled to adapt his services and, if necessary, to change them.

8. If TRACKS extends the range of functions of existing services or offers new services under the label "TRACKS for Carriers" during the contract period, these terms of use also apply to this range of functions or services.

1. The use of the services requires registration as a user. The services are only offered to commercial customers. Registration as a private individual is not permitted.

2. The user is obliged to provide truthful information when registering and to keep his contact details and other mandatory information, including the data required for payment processing, up to date.

3. A natural person who registers on behalf of a third party (e.g. a company, association or other natural or legal person) without being the legal representative of the third party assures to act accordingly authorized.

4. The services are based on an online service. Communication between the user and TRACKS is generally carried out online, via web application, by email or by telephone. The user is therefore obliged to keep the email address and contact details given during registration up to date and to regularly check incoming messages.

5. There is no entitlement to registration. TRACKS reserves the right to refuse user registrations without stating reasons

6. The services of TRACKS are based on data collection, storage and analysis systems or software from other third-party providers. In order to be able to use the services of TRACKS in full, the use of the software / services of the third-party providers, which may be subject to a fee, is required.

1. The user is obliged to keep his access data safe and to protect it from third parties. If third parties have knowledge of the access data or if there is suspicion of this, the user undertakes to change the access data immediately

2. The user is responsible for ensuring that, in accordance with the applicable laws and internal guidelines of his company, he is entitled to provide TRACKS with the access data that TRACKS needs in order to be able to offer the desired services.

1. In order to be able to provide and further develop the services, TRACKS collects, stores and processes application data and raw data transmitted by the user within the scope of this contract. The user agrees. Results and developments, which result from the collection, use, analysis, evaluation and further processing of user data, may be used by TRACKS

2. TRACKS is entitled to all industrial property rights and copyright usage and exploitation rights. TRACKS is the manufacturer of databases that may have been created within the meaning of Section 87a UrhG (Urheberrechtsgesetz). All intellectual property, including all data sent by the user via the website or web application or otherwise in the possession / custody of TRACKS, remains the property of the user. Property rights, copyrights and / or usage rights to the aforementioned data remain, in anonymous from and even after termination of this contract, exclusively with TRACKS. TRACKS is granted the right to store, use, analyze, change this data. The derivations of these intellectual property rights remain the property of TRACKS at all times, even after the contract has ended.

1. If a user repeatedly or particularly seriously violates the requirements of these terms of use, TRACKS can block the user's access and terminate the contract extraordinarily.

2. TRACKS' right to remuneration continues in the event of a justified blocking.

1. The term for using the services results from the specifically selected offer. It is usually one (1) month.

2. Unless otherwise stated in the specific offer, the term is automatically extended by the originally agreed term if it is not terminated by one of the parties on time to the end of the month. If the first contract term is longer than one year, the extension periods are one year

3. The notice period is two weeks to the end of the month.

4. Terminations must be in text form, terminations by email must be sent to the address support@tracksfortrucks.com. Alternatively, TRACKS can grant the user a termination option via access to the website or, in the future, TRACKS' web application.

5. The right to extraordinary termination in the cases provided for by law remains unaffected. TRACKS has the right of extraordinary termination, in particular if the user objects to a technically necessary change in service (see above).

1. The amount of the remuneration for the services basically results from the respective individual contract.

2. The customer's right to use the service is granted for the specified fee. The invoice is issued monthly in advance for the respective contract term. Payment is made using the SEPA direct debit. All prices are exclusive of VAT.

3. If the user does not pay the agreed remuneration or only pays part of it, he is in default at the latest 30 days after the due date. In this case, TRACKS is entitled to charge interest on the open monetary debt of the user in the amount of 9 percent above the base rate from default.

1. TRACKS is liable for compensation for breach of contractual or non-contractual obligations only in the event of intent or gross negligence.

2. TRACKS is only liable for intent and gross negligence on the part of non-managerial vicarious agents if they violate an essential contractual obligation.

3. As far as it is not a violation of essential contractual obligations, TRACKS is not liable in cases of simple negligence on the part of its organs, legal representatives, employees or other vicarious agents.

4. Essential contractual obligations are those that enable the proper execution of the contract and on which the user regularly trusts and can trust.

5. In cases of culpable violation of essential contractual obligations, liability is limited to contracttypical, foreseeable damage.

6. The above limitations of liability do not apply to the liability of TRACKS for intentional behavior, for guaranteed quality features, for injury to life, limb or health or according to the Product Liability Act or the provisions of the General Data Protection Regulation (GDPR).

7. TRACKS is not liable for the loss of data and / or programs insofar as the damage is due to the fact that the user has failed to perform data backups and thereby ensure that lost data can be restored with reasonable effort.

1. TRACKS is not responsible for the unavailability of the services if the reason for this is due to force majeure, technical malfunctions at third parties or illegal attacks that either affect TRACKS itself or third-party providers on which the service of TRACKS depends. The services will be available as consistently as possible according to the current state of the art, whereby in particular necessary maintenance work can lead to malfunctions or temporary unavailability of the services, so that 100% availability (24 hours a day and 7 days a week 365 days a year) cannot be guaranteed.

2. In the event of technical errors, workloads or delays, TRACKS has the right to be the first to correct the problem. If the fee is reduced, the fee will be reduced in proportion to the damage incurred.

1. TRACKS' data protection declaration applies to the use of the services

2. TRACKS creates anonymized usage statistics for the needs-based design of the service, to optimize the website and web applications, to increase performance, for the detection of errors and for marketing purposes. Such usage statistics do not contain any personal data of the user that TRACKS has evaluated. The user has the right to object to such an anonymous evaluation of his usage behavior in text form for the future. Such an objection should be sent to support@tracksfortrucks.com.

3. If TRACKS is to process personal data for the user or if access to personal data of the user or his customers cannot be ruled out when using the services, TRACKS offers the conclusion of an data processing agreement according to Art. 28 GDPR. The agreement can be requested by email at support@tracksfortrucks.com.

4. TRACKS is obliged to automatically delete or anonymize the personal data provided by the user no later than thirty days after the end of the contract, unless there are statutory retention periods in individual cases.

1. A transfer of rights or obligations of the user is only possible with the prior written consent of TRACKS.

2. Employees of TRACKS are not entitled to make verbal agreements with the user that differ from the general terms of use.

3. Should a provision of these terms of use be or become ineffective, the legal validity of the remaining provisions remains unaffected. Instead of the ineffective provision, an effective provision is deemed to have been agreed that comes closest to the one economically desired by the parties.

4. The law of the Federal Republic of Germany applies to these terms of use, excluding the UN sales law. The place of performance is Berlin, Germany.

5. If the user is a merchant, a legal entity under public law or a special fund under public law, Berlin, Germany is the place of jurisdiction for all disputes arising from contractual relationships between TRACKS and the user.

6. Contract languages are German and English unless otherwise stated in a specific individual contract.