General terms and conditions
For the use of the HyghFleet platform, telematics hardware and custom development services by HYGHSOFT.
§ 1 Scope
These terms apply to all contracts between HYGHSOFT, [owner, address] ("Provider") and entrepreneurs within the meaning of Sec. 14 German Civil Code ("Customer") concerning the use of the HyghFleet software, the purchase of telematics hardware and custom development services. Conflicting terms of the Customer apply only with the Provider's express written consent.
§ 2 Services
(1) HyghFleet is provided as software-as-a-service over the internet. The feature scope follows from the service description in the respective quote.
(2) Telematics hardware (GPS tracker, blackbox, CAN reader, accessories) is delivered pre-configured. Proper installation is the Customer's responsibility unless agreed otherwise.
(3) Custom development services are delivered in stages as described in the quote.
§ 3 Conclusion and term
(1) The contract is concluded by acceptance of the quote in text form.
(2) SaaS contracts run for an indefinite period and can be terminated without minimum term with [e.g. 30 days] notice to the end of a month.
(3) The right to extraordinary termination for good cause remains unaffected.
§ 4 Prices and payment
(1) The prices agreed in the quote apply, plus statutory VAT.
(2) SaaS fees are due monthly in advance, hardware on delivery, development services per stage after acceptance.
(3) In case of payment default the Provider may, after prior notice, suspend access to the platform.
§ 5 Availability
The Provider aims for a platform availability of [e.g. 99%] as an annual average. Announced maintenance windows and outages beyond the Provider's control (in particular cellular and GNSS availability) are excluded.
§ 6 Customer obligations
(1) The Customer ensures that the use of tracking, telematics and immobilizer toward drivers and renters is legally permissible, in particular through appropriate contractual agreements and information of the persons concerned.
(2) Access credentials must be kept confidential.
(3) The Customer is responsible for the accuracy of the data entered.
§ 7 Data protection
Where required, the parties conclude a data processing agreement per Art. 28 GDPR. All platform data is processed on servers in Germany. Details are governed by the privacy policy.
§ 8 Warranty and liability
(1) For hardware, the statutory warranty toward entrepreneurs applies.
(2) The Provider is liable without limitation for intent and gross negligence and for injury to life, body and health. In cases of slight negligence the Provider is liable only for the breach of essential contractual obligations, limited to the foreseeable damage typical for the contract.
(3) Telematics data (in particular position, speed, CAN values) are measured values; uninterrupted capture is not guaranteed.
§ 9 Final provisions
(1) German law applies, excluding the UN Convention on Contracts for the International Sale of Goods.
(2) Where permissible, the place of jurisdiction is the Provider's seat.
(3) Should individual provisions be invalid, the remainder of the contract remains effective.
Last updated: July 2026. Fill the marked placeholders and have the terms reviewed legally before use. The German version prevails.