TrackPro - General Terms and Conditions

Schlüterstraße 39, 10629 Berlin
Status: 01.01.2025

Table of contents

These General Terms and Conditions (GTC) apply to all contracts, deliveries and other services provided by KK030 GmbH (hereinafter "Provider") to its business customers (hereinafter "Customer").
Deviating or conflicting terms and conditions of the customer shall not be recognized unless the provider has expressly agreed to them in writing.
The GTC shall also apply in their respective version to future contracts between the parties without the need to refer to them again.

The provider sells GPS trackers (hereinafter referred to as "devices") and associated tracking software (hereinafter referred to as "software").
The customer can either buy or rent devices. The software is provided for use for a monthly fee.
The software enables real-time location and management of devices via a web-based platform and a mobile application.

Offers made by the provider are subject to change and non-binding.
A contract is concluded when the customer confirms an offer made by the provider in writing.
Use of the software requires acceptance of the applicable GTC.
The provider reserves the right to refuse contracts or to obtain additional information prior to conclusion.

Prices: All prices are net prices plus statutory VAT.
Device purchase: Payment is due immediately upon receipt of the invoice.
Rental models: Monthly rental and software costs are invoiced at the end of each month.
Default of payment: In the event of late payment, default interest of 9% above the prime rate shall be due. In addition, reminder fees may be charged.
Blocking in the event of non-payment: The provider is entitled to suspend or block the use of the software if payments are not made.

Rental equipment remains the property of the provider for the entire rental period.
The customer undertakes to treat the devices with care and to use them exclusively for their intended purpose.
Equipment loss or damage: The customer is liable for lost or damaged rental equipment.
Non-return of rental equipment: If devices are not returned within 14 days of the end of the contract, the provider will invoice the devices at the current list price.

The software is provided as a temporary right of use and remains the property of the provider.
The customer does not receive any ownership rights to the software code or system architectures.
Updates & further development: The provider provides regular updates that are installed automatically.
The customer may not reproduce, pass on or modify the software.
Multiple access: The customer can create different users to access the platform.
Blocking in the event of late payment: The provider reserves the right to deactivate the software if payments are not made.

Minimum terms: Rental contracts for devices and software usage contracts have a minimum term (e.g. 12, 24 or 36 months).
Termination after the minimum term: After the minimum term has expired, the contract can be terminated flexibly with 14 days' notice to the end of the month.
Written form: Notice of termination must be given in writing (e-mail or letter).
Extraordinary termination is only possible in the event of a proven breach of duty by one of the contracting parties.

Delivery shall be made to the address specified by the customer.
Delivery times are non-binding unless a fixed date has been confirmed in writing.
Transfer of risk: The risk of loss or damage is transferred to the customer when the goods are handed over to the transport company.
The customer shall bear the shipping costs, unless otherwise agreed.

On purchase: The goods remain the property of the supplier until full payment has been made.
When renting: The devices remain the property of the provider at all times.

The statutory warranty rights apply to purchased devices.
The provider is not liable for damage caused by improper use or unauthorized modifications.
Limitation of liability:
- The provider is only liable for damages caused by gross negligence or intent.
- No liability is assumed for indirect damages, lost profits or consequential damages.

The provider processes personal data in accordance with the privacy policy.
The customer undertakes to keep access data safe and not to pass it on to third parties.

The provider is entitled to amend these GTC at any time.
The customer shall be notified of changes in good time and shall be deemed to have accepted them if the customer does not object within 14 days.

Place of jurisdiction: Place of performance and jurisdiction is Berlin.
Should any provision of these GTC be invalid, this shall not affect the validity of the remaining provisions.
The contracting parties undertake to replace an ineffective provision with an economically equivalent one.