Pocket Fleet – General Terms & Conditions (from 21.10.2020)

General Terms & Conditions

Pocket Fleet – General Terms and Conditions (until 21.10.2020)

1. Object

1.1. These Service T&Cs regulate the legal relationship between the User of the Pocket Fleet app and TB Digital Services GmbH, Oskar-Schlemmer-Str. 19-21, D-80807 Munich, Germany (“TBDS”).

1.2. Pocket Fleet is an application that is available to the User free of charge, and which provides the User of the Pocket Fleet app with selected information and functions from a variety of RIO and MAN services in mobile-optimised form (for smartphones). The range of data and functions depends on the services procured by the User, some of which are subject to a fee. The functions are made available via the following services: RIO Essentials, MAN Essentials, RIO Geo. The User of this mobile application is the same individual as the User of the web application.

1.3. Telecommunication costs incurred when using Pocket Fleet must be paid by the respective contractual party of the mobile device’s telecommunication contract.

2. Registration

The use of the Pocket Fleet app requires the User or Client:

· to be registered as a customer on the RIO platform,

· to have registered vehicles and drivers on the RIO platform

· to have ordered at least the RIO Essentials or MAN Essentials service for these vehicles registered on the platform.

3. Scope of services

Pocket Fleet is a mobile-optimised interface that allows the User to access selected information and functions of the RIO services RIO Essentials and RIO Geo, as well as the MAN service MAN Essentials, providing that the requirements of use listed in Section 2 are fulfilled. The scope of service for the aforementioned services is restricted when using the mobile app; for more information see the service specification for the Pocket Fleet app.

4. Use and technical requirements

4.1. The use of Pocket Fleet is only permitted within the prescribed range of functions for the purposes of service fulfilment. In particular, the User shall refrain from the following activities

4.1.1. Manipulating Pocket Fleet in any way which impedes its function.

4.1.2. Using Pocket Fleet to distribute information that violates applicable law and common decency, particularly discriminatory, racist, violent or pornographic content, content that impinges on third-party personal rights, or information that invokes criminal offences.

4.2. In case of violations, TBDS reserves the right to exclude the User from further use of Pocket Fleet and to delete content distributed by the User. The User releases TBDS from all third-party claims arising from breaches of these Service T&Cs for which the User is responsible.

4.3. In order to be able to use Pocket Fleet, an Android smartphone operating with Android version 5.0 or higher and an hdpi or higher screen resolution is required.

5. Content rights

All content added to Pocket Fleet by the User belongs to the User. The User vouches for the fact that no third-party rights are violated by the content added by the User.

6. Software

6.1. By using Pocket Fleet, the User agrees to the underlying software being updated from time to time, and that additional functions from TBDS will be able to be downloaded and installed in order to improve and further develop the software.

6.2. The User will not modify any of the source code of TBDS or create derivative code from it, decompile it or try to extract it in any other way.

6.3. The User will find an overview of the licences used for the service in the app under Settings > Licences.

7. Changes

7.1. TBDS will inform the User in good time of any intended changes to these Service T&Cs so that the User can decide whether they wish to continue using Pocket Fleet under the modified conditions and, if so, can declare themselves in agreement with the change.

7.2. If the User is not in agreement with the changes to these Service T&Cs, they must refrain from any further use of Pocket Fleet.

8. Liability

TBDS assumes contractual and non-contractual liability in the case of intent or gross negligence according to the legal provisions.

Provided it is permitted by law, TBDS is only liable for breaching a contractual obligation without which the proper execution of the contract would not have been possible, and the adherence to which the User should have been able to rely upon (major obligations), limited to compensating foreseeable, contractually typical and direct damages. Liability for indirect damages is excluded.

9. Termination

The User has the right to cease using Pocket Fleet at any time. TBDS has the right to exclude the User from using Pocket Fleet at any time with immediate effect in the case of breaches of these terms of use.

10. Law, place of jurisdiction

The laws of the Federal Republic of Germany apply, to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG). Provided the User is envisaged as the consumer, their right of domicile shall apply, provided this is unconditional and more favourable for the User.

The place of jurisdiction is Munich.

11. Other

11.1. Any modifications and supplements to these Service T&Cs must be made in writing. The same shall apply with regard to any agreement to cancel this requirement for the written form.

11.2. These Service T&Cs are available in 10 different languages; in the event of discrepancies, the original German version shall prevail.

12. Notes

An unsecured or incorrectly secured mobile device can be thrown through the vehicle interior in the event of a sudden driving or braking manoeuvre or in the event of an accident, thereby causing injuries. Therefore, please always be sure to secure your mobile device properly and outside the airbag deployment areas or store it safely.

The use of application programs while driving may distract you from traffic events, thus increasing the risk of accidents.

Please take note of the operator’s manual for your mobile device.