Logistikbude only agrees to provide the SaaS Service if you accept all the terms of this ToU and have purchased an effective subscription (the "Subscription") to the Logistikbude Service or from an authorized Logistikbude partner and the term of the subscription has not yet expired is finished. By clicking the "I agree" or "Yes" button, by accessing the Service, or by otherwise expressing consent, you accept these ToU. By doing so, these ToUs become legally binding in the relationship between Provider and you and you represent that you have read, understand and accept these ToUs and that you agree to be bound by the terms of these ToUs. Logistikbude waives access to your corresponding declaration of acceptance on its business premises. If you do not agree to all the terms of the Agreement, Logistikbude will not be willing to provide the Service. In this case, you should click the Cancel, No, or Close Window button. Click and immediately stop and continue to refrain from using the Service or related data and delete any copies of data that you may have.
In the event that this Agreement is in the form of a translation into a language other than German, and there is a conflict between the provisions in the German language and the translation in the other language, the German version shall prevail. The user should keep a copy of this ToU for their records. The most current version of this ToU can be accessed in full at https://www.logistikbude.com/agb . Logistikbude reserves the right, in its sole discretion, to make reasonable changes to this Agreement, provided that any dispute arising out of this ToU shall be resolved in accordance with the terms of the Agreement(s) in effect at the time the dispute arose. Logistikbude will duly inform the user after each change. The user should review the published agreement in order to be informed of the changes. Significant changes to these Terms will become effective upon User's first use of the Service with effective knowledge of the changes. User's use of the Service after the amended Agreement has become effective constitutes User's acceptance of the amended Agreement. In the event of User's non-acceptance of any amendment to this Agreement, the subscription pursuant to Clause 3.3 will be terminated with immediate effect.
These ToU relate to the temporary use of the Logistikbude services or parts thereof as a so-called SaaS service.
They are supplemented by the separately documented data protection regulations of Logistikbude GmbH and any individual agreements in the order confirmed by the order confirmation.
Subscriber : the contracting party of the subscription.
Auto - Renewal: A provision by which a Subscription will renew at the end of the Subscription Term without the need for further notice.
SaaS service: The service provided by Logistikbude as “Software-as-a-Service” as an online platform.
Software-as-a-Service: The provision of a service on a temporary basis enabling access to the use of the software and the display and management of the data, the software and the data remaining the property of Logistikbude and on their (rented or purchased) servers are hosted centrally.
Data: The data stored by Logistikbude in a proprietary database, which Logistikbude generates through Logistikbude-owned software from Logistikbude-owned hardware and stores on its cloud servers.
Decompiling: The reverse engineering, decompiling or disassembling of the software in order to achieve interoperability with other computer programs in accordance with § 69 e of the German Copyright Act (UrhG).
Documentation : Written information (whether contained in user or technical manuals, training manuals, specifications or other materials) accompanying the Software and Hardware in any form (including on a USB stick, hard drive or via online access). ) are made available by Logistikbude or their authorized Logistikbude partners.
Fee: The subscription fee payable to Logistikbude for the SaaS service.
Hardware: The tracking devices (e.g. IoT sensors) provided or sold by Logistikbude to the subscriber for a limited period of time in the version provided, but also any other hardware product from Logistikbude with or without embedded Logistikbude software.
Logistikbude Product: One of Logistikbude's copyrighted products, including associated marketing materials, documentation, ToU and other ancillary materials.
Term : The term of the subscription specified in the contract (basically 24 months).
User: The user designated by the contractual partner for personal use of the subscribed SaaS service. The subscriber authorizes the user as the subscriber's legal representative regarding the contractual relationship with Logistikbude regulated here.
Logistikbude service: The platform provided by Logistikbude for the display and management of load carriers as part of the SaaS service, accessible for account-specific users via an access-controlled URL.
Time Clocks: Any time clocks, copy protection or other security devices embedded in the Software that allow the Software to be disabled after the applicable subscription period has expired.
Upgrades: Any changes, improvements or revisions to the Software. The classification of the modifications in question as an upgrade is at the sole discretion of Logistikbude.
Volume: The usage volume purchased as part of the subscription.
Volume Parameters : The parameters specified in the order form by which the volume is defined (e.g. number of locations or tracked assets).
Volume Verification : Any code, anti-copy or other security device embedded in the Software that allows access to be verified and may be used to disable the Software upon reaching the appropriate volume.
2. APPLICATION, CHANGES TO THESE TERMS OF SERVICE
These ToU claim exclusive validity. Conflicting or supplementary general terms and conditions of the subscriber or user are not part of the contract, regardless of whether they were communicated during the conclusion of the contract or later and whether they were objected to separately. These ToU also remain fully valid for follow-up contracts and follow-up orders from subscribers or users.
Logistikbude is entitled to change these ToU, other conditions and other contractual provisions referred to in this ToU and in particular to change and adapt the services and processes described in the present ToU. Logistikbude undertakes to make any changes only for an important reason. An important reason is given in particular in the case of new technical developments, changes in case law or other equivalent reasons. If the contractual balance between Logistikbude and the user is significantly disturbed by the planned change, it will not be made. Otherwise, any changes require the consent of the user.
3. SUBJECT MATTER, TERM, DELIVERY AS SAAS
The subject of the contract concluded between the provider and the subscriber for the SaaS service is the provision of the SaaS service on powerful servers (the " SaaS service "), which is subject to a fee and is limited to the term, which is specified in the order form for the SaaS and implementation services or another order confirmation described in accordance with this contract. The parties agree that the services to be provided under this contract as SaaS services have the character of a rental and service contract. The provision of hardware is subject to a separate agreement. The parties do not want the application of the law on contracts for work and services.
The range of functions and the volume of the services to be provided as part of the SaaS service are determined based on the description of the agreed service package on the website https://www.logistikbude.com/ and the information in the order form.
Unless otherwise agreed and recorded accordingly in the order confirmation, the contract for the use of the SaaS service is concluded for a period of 24 months. It is automatically extended by a further 12 months unless it is terminated by one of the parties three (3) months before the end of the contract. The cancellation must be made in text form (e.g. by e-mail). The right to special termination or extraordinary termination remains unaffected.
Logistikbude will make commercially reasonable efforts to make the software and the data that can be accessed via it available as an online service around the clock, except (i) as part of scheduled downtimes (about which Logistikbude will inform you in advance electronically) and (ii) in Periods of unavailability caused by circumstances beyond Logistikbude's reasonable control, such as natural disasters, government intervention, flood, fire, earthquake, civil commotion, acts of terrorism, strike or other labor problems (which are beyond Logistikbude's employees involved), internet service provider failure or delays, hosting service provider failure or delays, or denial of service attacks.
Logistikbude will receive proper fault reports from the subscriber during normal business hours. If the Subscriber reports a malfunction, he must provide as detailed a description as possible of the respective malfunction in order to enable the most efficient troubleshooting possible. In the event of reports of disruptions, Logistikbude will initiate appropriate measures based on the circumstances reported by the subscriber in order to localize the cause of the disruption.
The subscriber agrees that under no circumstances will higher or more comprehensive service levels apply to him than those granted by the hosting service provider (currently Microsoft Azure Cloud) Logistikbude.
4. CLOUD STORAGE AND SECURITY
Logistikbude maintains administrative, physical and technical safeguards to protect the security, confidentiality and integrity of the software and/or data. These safeguards include, but are not limited to, measures to prevent Logistikbude employees from accessing, using, modifying or disclosing the Software and/or Data, except (i) to To provide the Subscribed Services and to prevent or resolve service or technical problems, (ii) as required by law, or (iii) as expressly permitted in writing by Subscriber. Numbers 5, 6 and 8 remain unaffected.
Logistikbude does not assume any guarantees for the services and securities offered by Logistikbude.￼￼￼ ￼Users are advised that, given the current state of technology, despite the greatest conscientiousness and care, program errors cannot be ruled out with 100% certainty, and that it is not possible is to develop software that is protected against any kind of cyber attack. The security of user data is particularly important to Logistikbude. Logistikbude will therefore do everything that is technically and organizationally possible to protect them. The user acknowledges this.
5. PROPRIETARY RIGHTS
The software and data are protected by international copyright laws, treaties and other applicable laws from time to time. Logistikbude and its licensors own and retain all right, title and interest in the Software, including all copyrights, patents, trade and trade secrets, trademarks and other intellectual property rights in the Software and the Data. By accepting this ToU, the user acknowledges that ownership of the software or the data will never be transferred to him and that no permanent rights to use the software will be granted. The rights to use the data are regulated in Section 8.
THE SOFTWARE AND DATA ARE PROVIDED AS SOFTWARE-AS-A-SERVICE. THEY ARE NOT SOLD.
6. SUBSCRIPTION FEES
Subscriber shall pay the monthly fee as described in the order form or other order confirmation. Billing takes place monthly on the first of each month based on the volume parameters available to the subscriber at that time, with 100% of the monthly fee being billed at the beginning of each contractual month and payable within ten (10) working days.
If the volume used increases within a month, this will be billed pro rata (based on a year with 360 days and a month with 30 days) on the exact day with the next bill. If the volume is reduced, the reduced volume will be taken into account from the following month. The subscriber is not entitled to a pro rata credit in the event of a reduction within one of the billing months.
Logistikbude reserves the right to change the fees or applicable charges and to introduce new fees and charges effective as of the next Automatic Renewal with thirty (30) days prior notice to Subscriber (this may be done by email).
7. REGISTRATION AND ACTIVATION
Subscriber acknowledges that registration is required in order for Subscriber and its users to take full advantage of the Software. If Subscriber is not registered, Subscriber has no right to access the Software and the limited warranty in this Agreement does not apply.
8th. RIGHTS TO THE DATA
As part of the provision of the SaaS service, Logistikbude collects certain raw data via the hardware provided, stores it temporarily on the hardware and transmits it to Logistikbude via mobile communications for storage on its cloud server. The raw data is then evaluated and revised using proprietary algorithms by Logistikbude, creating data from Logistikbude and storing it in a proprietary database. The algorithms used by Logistikbude are self-learning and use artificial intelligence (AI). This technology is the core of the intellectual property (IP) protected by Logistikbude. The subscriber acknowledges that Logistikbude is the sole author of all data.
As the originator of the data, Logistikbude grants the subscriber (i) non-exclusive, (ii) time-limited to the term of the subscription, (iii) geographically limited to the area defined in the order confirmation, (iv) content-related to use in the respective service limited right to use the data solely by the Subscriber's registered users. This right of use is not transferable. Sublicenses may not be granted. The simple right of use includes the right to download the data via the export function of the SaaS service, provided this is done for the purpose of your own evaluation and creation of backup copies to a reasonable extent. Any transfer of data to third parties, in particular for further processing or merging with data from competitors, requires the express consent of Logistikbude.
Statutory information and disclosure obligations of the subscriber remain unaffected. If these cannot be fulfilled by the data provided by Logistikbude and the data has to be fed into third-party systems (in particular national systems), Logistikbude must be informed of this in advance and the parties are obliged to make an appropriate extension of the license and increase the license fee negotiate subscription fees.
9. USAGE STATISTICS, TRACKING
The subscriber agrees that Logistikbude collects records and statistics about the use of the SaaS service. The usage types recorded in this form are only used for volume checking, time clocks and to improve Logistikbude products and/or to provide individual services for the subscriber and are not disclosed to third parties or passed on to third parties except in anonymous form.
10 SUBSCRIBER OBLIGATIONS
The subscriber must treat all access data and personal data as well as his e-mail address and the stored passwords for his user account as strictly confidential. He must constantly update his stored contact details.
Subscriber may make a reasonable number of back-up copies of the Data provided its back-up copies are not used for any purpose other than archival purposes.
Setting up a functional hardware and software environment for using the SaaS service is solely the responsibility of the Subscriber.
The user assures that they will only use the SaaS service for themselves. The user is prohibited from sharing the user account with third parties. The user undertakes to inform the provider immediately if he becomes aware of unauthorized access to his user account, an intrusion into electronic data or other information relevant to maintaining the security of his user account.
11. TIME CLOCKS, VOLUME CHECKS
By default, Logistikbude grants the right to use the SaaS service for a limited period of time. Subscriber acknowledges that the SaaS Service with embedded time clocks may be provided to Subscriber. Subscriber agrees that time clocks do not constitute a defect in the SaaS Service and that subscriber releases Logistikbude from any and all claims of any kind arising out of or in connection with the time clocks or their operation.
By default, the subscription fee is capped. Subscriber acknowledges that the SaaS Service is provided with embedded volume checking devices to Subscriber. The subscriber agrees that the volume check does not constitute a defect in the SaaS service and that the subscriber releases Logistikbude from all claims of any kind arising from or in connection with the volume check or its implementation.
Subscriber consents to Logistikbude retrieving information regarding its product usage via volume check and time clocks, as this is an integral part of the subscription fee and the restrictions to which the subscription is subject.
12. LIMITATION OF USE, PROHIBITED USE, DAMAGES
The subscriber undertakes to take commercially reasonable measures to prevent unauthorized access to the SaaS service and the data or their unauthorized use and to inform Logistikbude immediately of any such unauthorized access or use as well as the SaaS Use the Service and the Data only in accordance with this Agreement, the Documentation and applicable legal and regulatory requirements.
Subscriber is not permitted to
to make the SaaS service or data available to persons or users other than himself and the user(s) designated by him or to use them for the benefit of persons or users other than himself, unless expressly agreed otherwise,
Sell, resell, license, sublicense, distribute, make available, rent or lease the SaaS Service or Data or any of the Services or any of the Content as a third party service provider or outsourced offering or as commercial hosting services to offer
use the SaaS Service or Data to collect and store or transmit any infringing, defamatory, or otherwise unlawful or tortious material, or in violation of the privacy rights of any third party to store or transmit any material,
impair or prevent the integrity or efficiency (performance) of the SaaS service or of data contained therein,
attempt to gain unauthorized access to the SaaS Service, data or any related systems or networks,
allow direct or indirect access to or use of the SaaS Service or Data in a manner that circumvents a contractual usage restriction, or use any of Logistikbude's Services to access any of Logistikbude's intellectual property rights; or use the same, except as permitted in this Agreement,
copy or cause to be copied the SaaS Service or any part of any feature, function or user interface of the SaaS Service
copy data, except as permitted in this Agreement,
embed or mirror any portion of the SaaS Service or Data other than on Subscriber's own intranets or otherwise for its own internal business purposes,
access the SaaS service or data to build a competing product or service, or
reverse engineer the SaaS Service (to the extent such limitation is permitted by law).
Any use of the SaaS Service or Data in violation of this Agreement by Subscriber or by Users that Logistikbude deems to threaten the security, integrity or availability of Logistikbude Services may result in immediate suspension of SaaS Service or access to Data notwithstanding that Logistikbude will take commercially reasonable steps to provide Subscriber with notice prior to such suspension and an opportunity to cure any relevant injury or threat.
The user releases Logistikbude from all third-party claims which they assert against Logistikbude, its organs and its vicarious agents and which are based on a breach of the user's obligations under these ToU. The exemption also covers the costs of appropriate and appropriate legal representation to defend against claims and any defense against criminal prosecution.
For each case in which a contractual service is used without justification in the subscriber's area of responsibility, the subscriber must pay compensation in the amount of the remuneration that would have been incurred for the contractual use within the framework of the minimum contract period applicable to this service. The subscriber reserves the right to prove that the subscriber is not responsible for the unauthorized use or that there is no damage or a significantly lower damage. The provider remains entitled to claim further damage.
13. LIMITED WARRANTY, AVAILABILITY
Unless expressly agreed otherwise, the SaaS service provided by Logistikbude corresponds to the current state of the art and corresponds to the product information and specifications provided by Logistikbude. Logistikbude does not guarantee that the SaaS service is suitable according to these ToU for purposes that go beyond the fulfillment of Logistikbude's contractual obligations laid down therein.
Under no circumstances is the user entitled to request the source code for the software in relation to defects.
If the reduction in the suitability of the services for contractual use is only insignificant, the user has no claims for defects. No-fault liability on the part of the provider for defects that already existed at the time the contract was concluded is excluded.
14 LIMITATION OF LIABILITY
Irrespective of the legal nature of the claim in question, the following regulations apply to any claims for damages and claims for reimbursement of wasted expenses:
Logistikbude is liable for all damage that you incur as a result of grossly negligent or intentional behavior on the part of Logistikbude or culpable injury to life, limb or health, for which Logistikbude has assumed a guarantee or for which Logistikbude is liable under the Product Liability Act. In all other cases, Logistikbude's liability for damages is limited to the breach of essential contractual obligations. Significant contractual obligations are only such obligations, the fulfillment of which enables the proper execution of the contract and the fulfillment of which you can rely on. Logistikbude's liability for data loss is limited to the typical expenses required for recovery, which are normal and customary when backup copies have been made.
In the event of a negligent breach of essential contractual obligations by Logistikbude, Logistikbude's liability is limited to foreseeable, contract-typical damage.
The above limitations of liability also apply in relation to all representatives of Logistikbude, in particular in relation to its managing directors, legal representatives, employees and other vicarious agents.
15 INTEGRATION OF THIRD PARTY SERVICES AND/OR ACCOUNTS
Certain features of the SaaS enable Subscriber to integrate the SaaS Service with third party services (the "Third Party Services") such as SAP, Salesforce, MS Dynamics, etc. via an application programming interface (the "API") provided by such third party providers. By enabling these features, Subscriber grants Logistikbude access to data stored by the Third Party Services and provided via the API and certain rights to use features of the Third Party Services provided via the API to enable Logistikbude to identify relevant data to be stored or processed within the SaaS and to provide the SaaS.
16 USER CONTRIBUTIONS
The creation, distribution, transmission, public display or performance, access, downloading or copying of his Contributions does not infringe any proprietary right, including but not limited to copyright, patent, trademark, trade secret, etc. of any third party .
He is the author and owner or has the necessary licenses, rights, consents, releases and permissions to authorize Logistikbude and other users of Logistikbude to use his Contributions in the manner contemplated by these ToU.
He has each identifiable person's written consent, clearance and/or permission to use in their Contributions, the name or likeness of each identifiable person to permit the inclusion and use of his Contributions in any manner related to the enable SaaS service.
His Contributions are not false, inaccurate or misleading.
His Contributions do not constitute unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or any other form of solicitation.
His Contributions will not be obscene, lewd, lascivious, dirty, violent, harassing, abusive, defamatory or otherwise objectionable (as determined by Logistikbude from time to time).
His posts do not ridicule, taunt, disparage, intimidate or offend anyone.
His Contributions will not be used to harass or threaten (in the legal sense of those terms) any other person or to promote violence against any specific person or group of people.
His Contributions do not violate any applicable law, regulation or rule.
His contributions do not violate the privacy or publicity rights of any third party.
Its Contributions will not contain material that solicits personal information from anyone under the age of 18 or exploits anyone under the age of 18 in a sexual or violent manner.
His Contributions do not violate any applicable law relating to child pornography or any other regulation intended to protect the health or welfare of minors.
His posts will not contain offensive comments related to race, national origin, gender, sexual preference, or physical disabilities.
His Contributions do not violate the terms of this ToU or any applicable law or regulation, nor do they link to any material that violates them.
Any Submission that violates the foregoing provisions constitutes a violation of these ToU and may result in, among other things, the termination or suspension of User's rights to use the SaaS Service.
Logistikbude is not liable for statements or representations in contributions made available by the user in any area of the SaaS. The user bears sole responsibility for his contributions on the website and expressly agrees to indemnify Logistikbude from any liability and to refrain from any legal action against Logistikbude in relation to his contributions.
17 HIGH RISK ACTIVITIES
The SaaS Service is not fault-tolerant and is not designed, manufactured or intended for use or resale as control equipment in hazardous environments that require fail-safe performance, such as nuclear power plants or communications, air traffic control, life support or weapons systems where failure of the Software may lead directly to death or personal injury or serious physical or environmental damage (the "High Risk Activities"). Accordingly, Logistikbude and its suppliers specifically disclaim any implied or explicit warranty as to suitability for high-risk activities.
By accepting this ToU, the user agrees to the validity of the Logistikbude data protection guidelines in their currently valid version. https://app.logistikbude.com/PrivacyStatement
The parties are obliged to disclose all information about the other party that has become known or becomes known to them in connection with this contract, which is marked as confidential or are recognizable as business and trade secrets (“Confidential Information”) based on other circumstances, not to pass them on to third parties, to record them or to use them in any other way, unless the other party of the disclosure or use does not do so expressly and in writing has consented or the information is required to be disclosed by law, court order or administrative decision.
The information is not Confidential Information within the meaning of this Section 19 if it (i) was previously known to the other party without the information being subject to a confidentiality obligation, (ii) is generally known or becomes known without breach of the confidentiality obligations assumed, or (iii) is disclosed to the other party by a third party without breach of any confidentiality obligation.
The place of fulfillment of the obligations arising from this contract is the registered office of Logistikbude. This contract is exclusively subject to the law of the Federal Republic of Germany to the exclusion of the UN Sales Convention (CISG). Of course, mandatory criminal law provisions that apply to the user's registered office or the location of the relevant IT infrastructure remain unaffected.
The registered office of Logistikbude is agreed as the place of jurisdiction for all disputes arising from this contractual relationship. Logistikbude's right to choose another legal place of jurisdiction remains unaffected.
Should one or more provisions of these ToU be or become wholly or partially invalid, this shall not affect the validity of the remaining provisions. The parties undertake to replace the ineffective provision with an effective provision that comes as close as possible to what the parties wanted from an economic point of view.
The contractual language that is decisive between the parties is German. Insofar as Logistikbude offers translations of these ToU or other documents, this is a non-binding service. Only the German version of this ToU is legally binding.
The regulations in clauses 1, 5, 6, 8, 10 to 22 remain valid even after termination of the subscription regarding the use of the SaaS service.
All communications under this ToU should be addressed to: