General Terms and Conditions (GTC)
Heylog comprises a cloud-based communication solution that can be used to communicate easily via existing communication services such as WhatsApp & Co.. between logistics companies and drivers as well as other actors along the supply chain. The cloud-based communication solution and the mobile applications are referred to below as the "application".
1. Scope of validity
1.1 These Heylog Terms of Use ("TOS") apply to the use of Heylog. They apply between us, Heylog GmbH with registered office in Vienna, Austria ("Heylog" or "we"), and you (also: "User", together with Heylog also "Parties")
1.2 Pre-formulated or other terms and conditions provided by you which deviate from these GTC shall not become part of the contract even if we are aware of them, unless we expressly agree to their validity at least in text form (e.g. by e-mail).
1.3 The currently valid GTC are available to you at any time within Heylog and at the URL www.heylog.com/terms and can be accessed, saved and printed by you from there. Heylog does not store this contract text after conclusion of the contract.
1.4 If working days are specified as deadlines in these GTC, this shall be understood to mean all weekdays with the exception of Saturdays (Sonnabend), Sundays and public holidays in Austria.
1.5 The contractual language is German. Any translations into other languages shall only serve the purpose of comprehensibility and shall not be legally binding.
2. Subject of the contract
The subject of the contract is the provision of the Heylog application by us.
3. Conclusion of the contract
3.1 Use of the Application: By accessing the Heylog website in your browser, entering the requested data (name, company data, e-mail address, password) and your subsequent acceptance of these GTC, by clicking on "REGISTER", you make us an offer to enter into a usage contract in accordance with the provisions of these GTC. By sending you a confirmation e-mail to the address provided, we accept this offer and the usage contract is concluded.
These GTC are also the subject of contract conclusions between a Heylog employee and you. It will be explicitly referred to again in the sales documents.
4. Our services
We provide the following services as part of Heylog:
4.1 Provision of access to the communication solution (application) and its essential functions after registration and conclusion of the contract.
4.2 The owed availability of the application is at least 99% on an annual average. Excluded from this are necessary planned maintenance work and disruptions that are beyond our control; in particular force majeure. As far as possible, we will inform users in good time by e-mail about planned maintenance work. However, we expressly reserve the right to carry out unannounced maintenance work if necessary, especially if this is required for data and operational security.
4.3 We reserve the right to regularly improve, adapt, expand, replace or otherwise change the functionalities of the application to a reasonable extent and taking into account the interests of all parties involved. However, the essential functions of the Application will remain intact. We will inform about innovations to an appropriate extent as far as possible in advance.
5. Your obligations
5.1 You shall comply with applicable laws, including all applicable data protection laws, when using the Application and shall not use the Application in connection with criminal offenses. Login data must be securely managed and protected from access by unauthorized persons.
5.2 We reserve the right to take appropriate measures at our own discretion in the event of violations of the provisions of this section. In doing so, we will take into account the legitimate interests of the parties involved. These measures include the following: Issuing warnings, temporarily restricting access to our application or certain features, temporarily blocking users, or permanently deleting users, including prohibiting their use in the future. In addition, we reserve the right to take legal action.
6. Costs
6.1 The use of the application is generally subject to a fee. The prices result from our price list, unless different prices are contractually agreed between the parties.
7. Our liability
7.1 For services that Heylog provides free of charge, we are liable in accordance with the statutory provisions only for intent and gross negligence.
7.2 Otherwise, Heylog shall be liable without limitation for intent and gross negligence as well as for damages resulting from injury to life, body or health.
7.3 In cases of ordinary negligence, Heylog is liable for breach of a material contractual obligation. An essential contractual obligation in the sense of this clause is an obligation, the fulfillment of which makes the execution of the contract possible in the first place and on the fulfillment of which the user may therefore regularly rely.
7.4 In the case of clause 3, Heylog is not liable for lack of economic success, loss of profit and indirect damages.
7.5 The liability according to the above clause 3 is limited to the typical, foreseeable damage at the time of the conclusion of the contract.
7.6 The liability for damages due to data loss in case of 3 are limited to the amount of data recovery that would have been incurred even if the User had backed up the data regularly and in accordance with the risk.
7.7 The limitations of liability apply accordingly in favor of Heylog's employees, agents and vicarious agents.
7.8 Any liability of Heylog for guarantees given (which must be expressly designated as such) and for claims based on the Product Liability Act or applicable data protection law shall remain unaffected.
7.9 Any further liability of Heylog is excluded.
8. Warranty
8.1 Heylog provides warranty for free services according to the statutory provisions.
8.2 In all other respects, Heylog warrants against defects in the provision of the Application solely in accordance with the following provisions.
8.3 Defects are significant deviations from the contractually agreed functional scope of the application.
8.4 If the services to be provided by Heylog under this agreement are defective, Heylog shall, within a reasonable period of time and upon receipt of a written (email is sufficient) notice of defect from the user, either repair or re-perform the services at its option. When using third party software that Heylog has licensed for use by the user, the rectification of defects consists of the procurement and installation of generally available upgrades, updates or patches. Remedial action shall also include the provision of instructions for use with which the user can reasonably circumvent any defects that have occurred in order to use the application in accordance with the contract.
8.5 If the defect-free performance of the services fails for reasons for which Heylog is responsible, even within a reasonable period of time set by the user in writing (e-mail is sufficient), the user may reduce the agreed remuneration by a reasonable amount. The right to a reduction is limited to the amount of the monthly fixed price relating to the defective part of the service.
8.6 If the reduction pursuant to Section 5 reaches the maximum amount specified in Section 5 in two consecutive months or in two months of a quarter, the User may terminate the Agreement without notice.
8.7 The user shall immediately notify Heylog of any defects in writing (e-mail is sufficient). Furthermore, the user will support Heylog in the elimination of defects free of charge and in a reasonable manner and in particular provide Heylog with all information and documents that Heylog requires for the analysis and elimination of defects.
9. Data backup
9.1 The User is obliged to back up his data at regularly scheduled intervals, according to the risk involved in the use of Heylog. Data export can be requested from Heylog by sending an e-mail to support@heylog.com.
10. Term and termination
10.1 The contract for the use of the application is generally concluded for a period of 12 months ("Term"), unless otherwise noted in the offer. If the contract is not terminated one month prior to the expiration of the Term by clicking the appropriate button or written notice (email is sufficient) is received by Heylog, the contract will be automatically renewed on an ongoing basis for an additional 12 months or the period noted in the offer with the respective expiration of the Term.
10.2 The contract may be terminated by us with four weeks' notice. The notice of termination must be given in text form (e.g. by e-mail).
10.3 The contract may also be terminated by either party without notice if there is good cause for the termination.
10.4 Good cause entitling us to terminate the contract may exist in particular if the user violates one of the obligations described in more detail in Section 5. In this case, we are entitled to warn the user or terminate the contract at our discretion, whereby we will first warn the user if there are no special reasons that justify immediate termination.
11. Copyrights and image rights
11.1 The copyrights and image rights for all images, graphics or designs displayed within the framework of Heylog itself are ours or we are entitled to their use. Use without our express consent is not permitted.
11.2 You grant Heylog, within the scope of using the application by sending and receiving texts and multimedia content, rights of use only to that content which is necessary for the provision of the communication service. This right of use allows us to store the content on data carriers and to use it for the ongoing improvement of Heylog.
You will find further information in the Privacy Policy.
12. Electronic communication
12.1 You agree that contract-related communication may take place in electronic form.
13. Changes to these GTC
13.1 These GTC may be amended between you and us by corresponding agreement as described below: We will send you the amended terms and conditions in text form prior to the planned entry into force and will separately indicate the new provisions and the date of the planned entry into force. At the same time, we will grant you a reasonable period of at least four weeks to declare whether you accept the amended terms of use for the further use of the services.
If no declaration is made within this period, which begins to run from receipt of the message in text form, the amended terms and conditions shall be deemed agreed. We will inform you separately of this legal consequence, i.e. the right to object, the objection period and the significance of silence, at the start of the period.
14. Choice of law, place of jurisdiction, alternative dispute resolution and other matters
14.1 There shall be no ancillary agreements. Subsidiary agreements must be made in writing - without prejudice to Clause 12. This shall also apply to deviations from this written form clause.
14.2 Should any provision of these GTC, including any provision added at a later date, be invalid, unenforceable or void in part or in whole, or should these GTC contain a gap, the validity of the remaining provisions shall not be affected thereby. The parties agree to replace the invalid, unenforceable or void provision with a legally compliant and enforceable provision that comes as close as possible to the economically intended purpose of the invalid, unenforceable or void provision. The parties shall similarly supplement a necessary, appropriate provision where such a provision is missing.
14.3 The EU Commission offers the possibility for online dispute resolution on an online platform operated by it. This platform can be reached via the external link http://ec.europa.eu/consumers/odr/. We point out that we are neither obligated nor willing to participate in dispute resolution proceedings before a consumer arbitration board.
14.4 The law of the Republic of Austria shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods. This shall not apply to provisions that are mandatorily applicable under the law of the country in which you are domiciled and which may not be deviated from by agreement.
14.5 The exclusive place of jurisdiction for all disputes arising from this contract is the registered office of Heylog, provided that you are a merchant, do not have a general place of jurisdiction in Austria or in another EU member state, have moved your permanent place of residence abroad after these Terms of Use have become effective, or your place of residence or usual place of abode is unknown at the time a lawsuit is filed.
Status: 03 May 2023
