Condiciones de uso

1. Provider

FlyerTrack is provided by, and your contract is with:

Desatec Systems GmbH
Adolf-Hoyer-Straße 5
37079 Göttingen
Germany
E-mail: info@desatec.eu

Further details (representation, commercial register, VAT ID) are in the imprint. Below, Desatec Systems GmbH is called the “Provider”.

2. Scope

These terms govern the use of FlyerTrack, meaning the FlyerTrack app for iOS and Android, the website flyertrack.app and the dispatcher account offered there (together the “Service”). They address two groups:

• Dispatchers are companies or self-employed persons who create a dispatcher account on the website to manage carriers and their routes centrally. The dispatcher account is aimed primarily at businesses (entrepreneurs within the meaning of section 14 of the German Civil Code, BGB). Consumers (section 13 BGB) may use it as well; the additional rules in section 17 apply to them. Below, the dispatcher is called the “Customer”.
• Carriers are persons who use the free FlyerTrack app, with or without a connection to a dispatcher account.

Deviating or supplementary terms of the Customer become part of the contract only if the Provider has expressly agreed to them in text form.

3. Description of the Service

3.1 App for carriers

Carriers use the app to record their delivery routes by GPS and can log individual drops with place and time. The app stores its data on the device, also works without an internet connection and can export reports as PDF, CSV or Excel. It can be used without an account. The app is free of charge and contains no in-app purchases.

3.2 Dispatcher account

Through the dispatcher account on the website the Customer can connect carriers to the account by registration code or invitation, assign jobs and areas, and view and evaluate the routes and drops transmitted by the connected apps. Which features and how many carriers a plan includes is set out in the plan comparison as in force when the contract is concluded.

3.3 No substitute for your own checks

Recorded positions are based on the location data of the respective device. Their accuracy depends on device, reception and surroundings. The Provider owes the provision of the Service, not a particular result of a distribution or a particular accuracy of individual measuring points.

4. Conclusion of contract, account and duties of the Customer

• The contract for the dispatcher account is concluded when the Customer completes registration on the website and confirms the e-mail address. The contract for a paid plan is concluded when the order process with the payment service provider (section 7) is completed.
• Information given during registration and ordering must be accurate and complete and must be kept up to date.
• Credentials must be kept secret and protected against access by third parties. The Customer may set up separate logins (managers) with restricted permissions for other persons; the Customer is responsible for all actions taken through the account and these logins.
• If there is reason to suspect that third parties know the credentials or are misusing the account, the password must be changed without delay and the Provider informed.

5. Carriers and responsibility for their data

When a carrier connects the app to the Customer’s account, the app transmits the recorded routes including the GPS track, the drops with their coordinates and the carrier’s name to the Customer’s account – for every route the carrier starts for as long as the connection exists. Recording only runs while the carrier has started a route themselves.

• The Customer is responsible for the carriers it invites or connects to its account, and for its legal relationship with them (such as employment or contracting).
• The Customer is responsible for processing the carriers’ data, in particular location and route data, lawfully. This includes having a legal basis for it, informing the carriers fully and in advance and, where required, observing employee data protection rules and co-determination rights.
• The Customer must not use the Service to locate persons covertly.
• The Customer indemnifies the Provider against third-party claims that arise from a culpable breach of these duties by the Customer.

6. Plans, prices and trial

• The app for carriers is free of charge.
• The dispatcher account is available in a free plan (Free) for up to 3 active carriers and in paid plans billed monthly. Plans for larger organisations (Enterprise) are agreed individually.
• The prices shown on the website at the time of the order apply (see pricing and the plan comparison). All prices are net prices in euros, plus statutory value added tax at the applicable rate. Before the order is completed, the order process shows the total price including value added tax.
• Paid plans start with a free trial of currently 14 days; the length shown when ordering is decisive. If the Customer does not cancel before the trial ends, the chosen plan becomes chargeable when it ends.

7. Billing and payment

• Ordering, payment and invoicing are handled through the payment service provider Stripe. The payment methods offered in the order process are available. Payment details are entered directly with Stripe and are not stored on the Provider’s servers.
• The fee is due monthly in advance for the respective billing period and is collected through the payment method on file.
• If the Customer switches between paid plans, the new plan applies immediately; the fee for the current billing period is prorated.
• Invoices are available in the billing portal, which is reached through the dispatcher account.
• If a payment fails, the Provider may retry the collection. If payment is still not made despite notice, the Provider may suspend the paid features until the amount is settled.

8. Term, cancellation and deletion

• The contract runs for an indefinite period. Paid plans renew for a further month each time unless cancelled.
• The Customer may cancel a paid plan at any time with effect from the end of the current billing period, either in the dispatcher account by switching to the Free plan or through the billing portal. The paid features remain usable until the end of the billing period.
• After a paid plan ends, the account continues on the Free plan. Stored data is retained; the limits of the Free plan apply.
• The account owner can delete the account in the account settings once no paid plan is running. Deletion takes effect immediately, covers all data stored for the account (including carriers, routes, jobs and clients) and cannot be undone. Data the Customer still needs must be exported beforehand. The Provider’s statutory retention duties, for example for invoices, remain unaffected.
• The Provider may terminate the contract in text form with 30 days’ notice to the end of a billing period.
• The right of both parties to terminate for good cause without notice remains unaffected. Good cause for the Provider exists in particular if the Customer breaches section 5 or 10 despite a warning.
• Carriers can stop using the app at any time by uninstalling it.

9. Availability and changes to the Service

• The Provider endeavours to keep the Service available with as few interruptions as possible. No particular availability is promised unless expressly agreed. Interruptions may result in particular from maintenance, security measures or disruptions outside the Provider’s control (for example in mobile networks, app stores, map or payment services).
• The Provider may develop and change the Service, for example to adapt it to the state of the art, to legal requirements or to app store requirements. If essential features of a paid plan are restricted to the Customer’s disadvantage, the Provider informs the Customer in good time beforehand; the Customer may then cancel the plan with effect from the date of the change.
• The Provider may change or discontinue free services (the app and the Free plan) with reasonable advance notice.

10. Acceptable use

The Service must not be used to

• violate applicable law or the rights of third parties,
• locate or monitor persons without their knowledge,
• circumvent protective measures, access other users’ accounts or data, or load the servers beyond what ordinary use requires (for example through automated mass requests),
• distribute malware or otherwise disrupt the operation of the Service,
• resell the Service or offer it to third parties as your own service without the Provider’s consent. Use for the Customer’s own clients, such as passing on reports and exports, remains permitted.

In the event of a serious breach the Provider may suspend access temporarily to the extent necessary to stop the breach. The Provider informs the Customer of this.

11. Data protection

How the Provider processes personal data is described in the privacy policy. For the data that reaches the Customer from its carriers’ apps, the Customer itself is responsible under data protection law (see section 5).

12. Intellectual property and licence

• All rights in the app, the website, the software and the trademarks remain with the Provider or its licensors.
• For the term of the contract the Provider grants Customers and carriers a non-exclusive, non-transferable and non-sublicensable right to use the Service within these terms. The app may be installed on devices the user owns or controls; the terms of the respective app store apply in addition.
• The software must not be copied, modified, decompiled or reverse engineered, except where the law mandatorily permits this.
• The data that the Customer and its carriers bring into the Service remains the Customer’s data. The Provider uses it only as far as necessary to provide the Service.

13. Defects

• The Customer reports defects, where possible with a description that allows them to be reproduced, to appsupport@dsapp.de. The Provider remedies defects in paid services within a reasonable time.
• Otherwise the statutory provisions apply to paid services, with the proviso that strict liability for defects already present when the contract was concluded (section 536a (1) alt. 1 BGB) is excluded.
• For free services the Provider is liable for defects only if it fraudulently concealed them.

14. Liability

• The Provider is liable without limitation for intent and gross negligence, for injury to life, body or health, and under the German Product Liability Act.
• In the case of slight negligence the Provider is liable only if an essential contractual obligation has been breached, meaning an obligation whose fulfilment makes the proper performance of the contract possible in the first place and on whose observance the other party may regularly rely. In that case liability is limited to the foreseeable damage typical of this kind of contract.
• In the event of data loss, liability under the preceding paragraph is limited to the effort that restoring the data would have required had the Customer made regular backups appropriate to the risk (for example using the exports provided).
• Otherwise the Provider’s liability is excluded. This also applies in favour of its legal representatives, employees and vicarious agents.

15. Changes to these terms

The Provider may amend these terms with effect for the future if there is an objective reason, such as changes to the Service, the law or case law. The Provider notifies Customers of the amended version at least 30 days before it takes effect, by e-mail to the address stored in the account. If the Customer does not object in text form before it takes effect, the amended version is deemed accepted; the Provider points out this consequence in the notification. If the Customer objects, either party may terminate the contract with effect from the date the amendment takes effect. The current version is available on this page; the date at the top states its status.

16. Governing law and place of jurisdiction

• The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
• If the Customer is a merchant, a legal entity under public law or a special fund under public law, Göttingen is the exclusive place of jurisdiction for all disputes arising from or in connection with this contract.
• Towards consumers, such as carriers who use the app privately, the mandatory consumer protection provisions of the country in which they have their habitual residence remain unaffected.
• The German version of these terms is authoritative. Translations are provided for convenience only.
• Should a provision of these terms be invalid, the validity of the remaining provisions is not affected.

17. Consumers and right of withdrawal

If the Customer is a consumer (section 13 BGB), the following applies in addition:

• Mandatory statutory consumer rights are not affected by these terms. The exclusion of liability in section 13 (section 536a (1) alt. 1 BGB) and the deemed consent in section 15 do not apply to consumers; changes to these terms take effect for them only with their consent.
• In addition to the ways named in section 8, consumers may cancel a paid plan in text form, for example by e-mail to info@desatec.eu.
• When taking out a paid plan, consumers have the following right of withdrawal.

Withdrawal information

Right of withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day the contract was concluded.

To exercise your right of withdrawal, you must inform us (Desatec Systems GmbH, Adolf-Hoyer-Straße 5, 37079 Göttingen, Germany, e-mail: info@desatec.eu) of your decision to withdraw from this contract by an unequivocal statement (for example a letter sent by post or an e-mail). You may use the model withdrawal form below, but it is not obligatory.

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Effects of withdrawal

If you withdraw from this contract, we shall reimburse to you all payments received from you without undue delay and in any event not later than fourteen days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.

If you requested that the services begin during the withdrawal period, you shall pay us an amount which is in proportion to what has been provided until you have communicated to us your withdrawal from this contract, in comparison with the full coverage of the contract.

Model withdrawal form

(Complete and return this form only if you wish to withdraw from the contract.)

• To Desatec Systems GmbH, Adolf-Hoyer-Straße 5, 37079 Göttingen, Germany, e-mail: info@desatec.eu
• I/We (*) hereby give notice that I/we (*) withdraw from my/our (*) contract for the provision of the following service: FlyerTrack dispatcher account, plan (*)
• Ordered on (*)
• Name of consumer(s)
• Address of consumer(s)
• Signature of consumer(s) (only if this form is notified on paper)
• Date

(*) Delete as appropriate.

18. Consumer dispute resolution

The Provider is neither willing nor obliged to take part in dispute resolution proceedings before a consumer arbitration board.

19. Contact

Questions about these terms and the contract: info@desatec.eu
FlyerTrack support: appsupport@dsapp.de