Terms and Conditions
1. Scope of Application
1.1. These General Terms and Conditions apply to all business relationships between Yuka Digital GmbH (also referred to as routecontrol) and the customer in connection with the routecontrol telematics system and/or routecontrol products.
1.2 These Terms and Conditions apply exclusively. Deviating, conflicting, or supplementary terms of the customer are excluded, even if Yuka Digital GmbH does not expressly object to them.
1.3 Individually agreed arrangements made in specific cases (including ancillary agreements, amendments, and modifications) shall in all cases take precedence over these Terms and Conditions. A written contract or written confirmation from Yuka Digital GmbH shall be decisive for the content of such agreements, subject to proof to the contrary.
2. Definitions
2.1 routecontrol®
is a business designation (special name of the business operation) of Yuka Digital GmbH, headquartered at Yuka-Platz 1, 63303 Dreieich, and a registered trademark of Mr. Yusuf Karatas (Managing Director of Yuka Digital GmbH).
2.2 routecontrol Telematics System
is a technical solution provided by Yuka Digital GmbH for GPS tracking and a service for managing company fleets. It is described as a single unit and consists of four components: the routecontrol box, an M2M all-network SIM card, a GPRS data transmission package for transferring routecontrol box data, and a right of use for the web portal at ortung.routecontrol.de.
2.3 routecontrol Box
is the designation for hardware used to determine GPS geo-coordinates, which can both receive specific information via GPS satellite and send and receive telemetry data and other messages via mobile communication services. It transmits received data such as live position, mileage, routes, stops, speed, geofence violations, alarm messages, status, and FMS and CAN data to the routecontrol data centre. The hardware may be purchased or rented by the customer.
2.4 M2M All-Network SIM Card
The customer receives from routecontrol, for each routecontrol box for which they hold a licence in connection with the “routecontrol telematics system,” an M2M all-network SIM card, which may only be used (1) for routecontrol boxes and (2) for the transmission of location data between the fleet and the routecontrol telematics system.
The provided SIM cards remain the property of routecontrol and must be returned by the customer after expiry or termination of the contract.
The customer shall indemnify routecontrol against any losses, damages, penalties, costs, or expenses (including legal fees) arising from or in connection with claims by third parties relating to the mobile network provider used, insofar as the customer’s use of the SIM cards provided by routecontrol does not comply with the contractual terms.
2.5 GPRS data transmission package
Refers to the data packages enabling the transmission of information collected by the routecontrol box.
2.6 routecontrol web portal
Is the software and internet portal of the routecontrol service, enabling the visualisation of location data of tracked objects equipped with routecontrol boxes via the internet using a computer. The customer can access the routecontrol web portal at www.ortung.routecontrol.de.
2.7 Tracked Objects
Refers to vehicles, assets, and persons recorded via the routecontrol telematics system.
2.8 Tarife
Refer to contractual components by which routecontrol defines specific conditions, prices, and terms for certain services within the contract between routecontrol and the customer.
3. Subject Matter of the Contract
The routecontrol telematics system consists of four components:
A routecontrol box for determining GPS geo-coordinates (1), into which an M2M all-network SIM card (2) is inserted, a GPRS data transmission package for transmitting data from the routecontrol box (3), and a right of use for the web portal (4). The respective characteristics are defined in the product descriptions and corresponding documentation. These four components form a single unit.
A separate contractual relationship is concluded between routecontrol and the customer for each of these components. Depending on the selected tariff, different (remaining) contract terms may apply to different components.
The following contractual basis applies between the customer and routecontrol. These terms also apply to all future routecontrol orders placed by the customer. These terms apply exclusively; conflicting or deviating terms of the customer are not recognised by routecontrol unless expressly agreed in writing.
With acceptance of the General Terms and Conditions of Yuka Digital, the user confirms consent to receive the routecontrol newsletter. Upon termination of the contract, the newsletter must additionally be unsubscribed. For this purpose, a short notification to info@Yuka Digital.de is sufficient.
4. routecontrol Box
4.1. The routecontrol box ordered by the customer will be shipped to the delivery address specified by the customer. Shortages and defects must be reported to routecontrol immediately. Shipping costs are borne by the customer, including return shipping costs in case of misdelivery and all costs related to a new delivery attempt, e.g. due to address errors.
If the customer purchases the routecontrol box, routecontrol retains ownership of the box until full payment of the purchase price has been made. This does not apply to the tariffs routecontrol “easy6”, “easy12”, and “easy24”, in which the routecontrol box is provided to the customer on loan. A routecontrol box not returned or no longer operational due to customer fault, such as intentional damage, improper use, or loss, will be charged to the customer upon contract termination at EUR 249.00 net under tariff easy6 and easy12, and EUR 349.00 net under tariff easy24 per routecontrol box by Yuka Digital GmbH (routecontrol).
4.3. Misuse or improper use of the routecontrol box, e.g. opening the device, is strictly prohibited and constitutes an extraordinary reason for termination of the contractual relationship regarding the use of the routecontrol box between routecontrol and the customer, even after transfer of ownership to the customer.
4.4. The routecontrol box in tariff easy24 supports the retrieval of so-called FMS/CAN data, which may transmit specific vehicle information to the web portal. No guarantee is provided by Yuka Digital GmbH (routecontrol) that such data will be correctly transmitted or transmitted at all. Transmission of this data requires correct installation of the tracking unit in the vehicle and depends in particular on whether the vehicle interface (FMS/CAN) is enabled or available for retrieval of this information. It is therefore possible that no reception or transmission of FMS/CAN data occurs even with correct installation. A blocked interface is beyond the control of routecontrol and does not release the customer from their payment obligation. The customer is free to use the service without FMS data or to request activation from the vehicle manufacturer. Any costs incurred shall be borne solely by the customer.
5. M2M All-Network SIM Card
5.1. Ownership of the M2M all-network SIM cards remains with routecontrol.
5.2. The M2M all-network SIM card inserted in the routecontrol box may not be removed, replaced, or used in another device. Any intentional or otherwise culpable manipulation of the M2M all-network SIM card by the customer shall ipso facto result in the loss of the customer’s claims for performance and liability arising from this contractual relationship. The customer shall be liable for any costs or damages resulting from unauthorised use of the SIM card.
5.3. The customer must notify Yuka Digital GmbH (routecontrol) immediately in the event of loss or unauthorised third-party use of the M2M all-network SIM card. In the event of theft or loss of the SIM card, the customer shall bear the data processing and GPRS costs incurred up to the time of written loss notification, which must include the serial number of the routecontrol box. In addition, a deactivation fee of EUR 20.00 shall be charged.
6. Data Processing and GPRS Costs / Mobile Network Availability
6.1. Data processing and GPRS costs are flat-rate charges.
6.2. Roaming tariffs may be booked monthly in advance.
6.3. The availability of the mobile network depends solely on the infrastructure of the respective network operators. Routecontrol has no influence on the provision or availability of a mobile network.
Permanent or temporary unavailability of the mobile network at certain locations is not attributable to routecontrol and does not constitute a defect and does not entitle the customer to terminate the contract. Routecontrol will, where possible, select a network operator that provides coverage at the customer’s location. The customer acknowledges that routecontrol provides these services depending on third-party performance and therefore cannot guarantee continuous availability of mobile networks across the entire territory.
7. Web Portal
7.1. Upon payment of the agreed fee in advance, routecontrol grants a simple, non-transferable right of use for the web portal accessible via www.routecontrol.de. This right of use is valid until the end of each calendar year. In the event of termination of the contract, prepaid licence fees will not be refunded, not even on a pro-rata basis.
7.2. The customer receives a login ID and password by email for initial access to the web portal. Immediately after the first login, the customer must choose a new secure password. A secure password must be at least eight characters long and include upper and lower case letters, numbers, and special characters. The password must be kept secure and protected from unauthorised access. Routecontrol is not liable for any damages arising from an insecure password or from unauthorised access due to the customer’s fault.
7.3. Routecontrol generally enables unrestricted online use of the web portal within the scope of the respective usage rights. Routecontrol strives to avoid disruptions of the web portal’s use where technically possible and reasonable. In the event of necessary maintenance or updates, routecontrol is entitled to temporarily suspend availability. Planned maintenance will be announced in advance. The customer is responsible for maintaining their own internet connection to the web portal.
7.4. Data generated is stored in the web portal for six months. Data older than six months will be deleted due to capacity reasons. The customer is obliged to regularly create backup copies of stored data to avoid data loss.
7.5. routecontrol is entitled to block access to the web portal or individual boxes if the customer breaches obligations arising from this contractual relationship and the provisions under sections 7.1 and 7.2, or if the customer is in arrears with payment.
8. Due Date / Settlement of Claims
8.1. Unless otherwise agreed in individual cases, the current prices and tariffs of Yuka Digital GmbH (routecontrol) applicable at the time of contract conclusion shall apply, plus statutory value-added tax. Invoices issued by routecontrol are, unless otherwise stated on the invoice, due immediately upon receipt without deduction.
8.2. The customer grants routecontrol an irrevocable direct debit authorisation for the duration of the contract to settle claims arising from the contract, including shipping costs, against the customer.
9. Set-off and Retention
9.1 The customer may set off its own counterclaims against claims of routecontrol in accordance with statutory provisions if the counterclaims arise from this contractual relationship.
9.2 Counterclaims arising from another contractual relationship may only be set off if they are undisputed or have been legally established. The same applies to the assertion of rights of retention.
10. Entry into Force / Term / Termination
10.1. The individual contractual relationships are only concluded upon written order confirmation by routecontrol, or at the latest upon delivery of the respective routecontrol box to the customer.
10.2. The term of the respective contractual relationships depends on the selected tariff. If the customer does not terminate in due time, the contract is extended by a further 12 months, and in the Easy 6 tariff by a further 6 months.
10.3. Both parties may terminate the contract with a notice period of 3 months to the end of the tariff term. By way of derogation, the Easy 6 tariff has a notice period of 4 weeks to the end of the contract term.
10.4. The contractual relationship may be terminated extraordinarily and without notice if there is good cause.
Good cause exists in particular in the following cases:
– non-payment of due invoices after prior reminder,
– repeated chargebacks in connection with collection of payments and the customer has already been warned, unless the customer is not responsible for these,
– withdrawal of the direct debit authorisation and failure to provide a new authorisation without delay,
– breach of sections 4.3, 5.2, and 5.3,
– initiation of insolvency proceedings over the customer’s assets,
– a not insignificant deterioration of the customer’s financial situation occurs or is imminent and the claim of Yuka Digital GmbH (routecontrol) is endangered due to the customer’s inability to perform.
10.5. The right to claim damages shall not be affected by extraordinary termination. After premature termination by routecontrol, the customer is obliged to pay damages for loss of the agreed performance in the amount of the monthly fees until the end of the originally agreed contract term, minus expenses saved by routecontrol.
10.6. The routecontrol box (in tariffs easy6, easy12, easy24) must be returned to Yuka Digital GmbH within 2 weeks after termination of the contract.
10.6.1. If the number of vehicles booked for tachograph data archiving is exceeded in the respective billing period, a flat rate of EUR 5.90 per vehicle per month will be charged.
10.7 Regardless of the reason for termination (ordinary or extraordinary termination), Yuka Digital GmbH (routecontrol) reserves the right to charge the routecontrol boxes at the prices stated under section 4.2 if they are not returned within 4 weeks after termination of the contract. A later return and reimbursement of the purchase price is then no longer possible. If the customer sends the routecontrol boxes after this period to Yuka Digital GmbH, this shall not constitute an accepted return. Yuka Digital GmbH shall store the boxes sent late without acknowledgement of a legal obligation for a period of 6 months for the customer and shall dispose of them after request for collection (default of acceptance) and expiry of the 6-month storage period.
10.8 If the customer returns the routecontrol box prior to the end of the contract term, Yuka Digital GmbH (routecontrol) is entitled to close the customer account immediately for data protection reasons. As a result, retrieval of reports and stored information will no longer be possible. The customer is therefore obliged to secure all required information on a data storage medium before returning the box or boxes. After closure of the customer account, data recovery is not possible.
10.9 In the event of extraordinary termination of the contract before expiry of the contractually agreed term, a deactivation fee of EUR 20.00 shall be charged. A payment under section 10.5 shall remain unaffected thereby.
11. Liability
11.1. Statutory provisions on liability for defects in quality shall apply.
The customer’s rights in case of material defects and defects of title are governed by statutory provisions unless otherwise provided below.
The basis of liability for defects is primarily the agreement concluded regarding the characteristics of the products of Yuka Digital GmbH. If no such agreement exists, the statutory provisions shall determine whether a defect exists (§ 434 para. 1 sentences 2 and 3 BGB). Yuka Digital GmbH assumes no liability for public statements by manufacturers or other third parties (e.g. advertising statements). A prerequisite for asserting defect claims is that the customer has properly fulfilled their inspection and notification obligations pursuant to § 377 HGB.
11.2 Claims of the customer due to material defects shall become time-barred one year after handover/delivery of the purchased item to the customer. Excluded from this are claims for damages due to injury to life, body, or health and/or claims for damages based on intentional or grossly negligent conduct by Yuka Digital GmbH (routecontrol). In this respect, the statutory limitation periods shall apply.
11.3. If a defect exists in the purchased or leased item, routecontrol shall be entitled, at its discretion, to remedy the defect (repair) or to deliver a new defect-free item (replacement delivery).
11.4. Routecontrol is not liable for any unavailability of mobile networks or the GPS system. Such unavailability does not constitute a defect in the purchased or leased item.
11.5. For the additional module routecontrol tachograph data archiving, driver licence checks, instructions, expense accounting, and violations, routecontrol cooperates with the company “DAKO GmbH”. All aforementioned information is collected, processed, and stored by DAKO GmbH. DAKO GmbH is solely responsible for any data loss or other malfunctions. In cases of intent and gross negligence, Yuka Digital GmbH (routecontrol) and its agents shall be liable only in accordance with statutory provisions. The same applies to negligently caused damage resulting from injury to life, body, or health. For negligently caused property and financial damage, Yuka Digital GmbH and its agents shall only be liable in case of breach of essential contractual obligations, but limited to foreseeable and contract-typical damage at the time of contract conclusion; essential contractual obligations are those whose fulfillment is essential for the contract and on which the customer may rely.
11.6. Routecontrol stores all vehicle reports, unless otherwise agreed, for a period of 6 months. The customer is nevertheless obliged, for security reasons, to back up the required data at least once per month on a local storage device. In the event of a system error on the part of Yuka Digital GmbH, data loss may occur in very unlikely cases. Liability for data loss is excluded. This does not apply in cases of intentional or grossly negligent breach of duty by Yuka Digital GmbH.
11.7. Claims for damages against routecontrol based on slight negligence shall only exist, regardless of the legal basis, insofar as an essential contractual obligation has been breached. In such cases, damages are limited to the order value. Liability for loss of profit as well as for consequential financial and property damages is excluded.
11.8 The trip log function provided in the routecontrol portal is generally recognised by tax authorities. Various security mechanisms are integrated which make alteration or falsification of the log impossible. Nevertheless, Yuka Digital GmbH (routecontrol) does not guarantee that the competent tax office will accept the routecontrol logbook. The customer is obliged to obtain confirmation from their competent tax office regarding acceptance and approval of the routecontrol logbook. Yuka Digital GmbH (routecontrol) is not liable for any resulting damages if the customer does not obtain written approval from their tax office.
12. Amendments
12.1. Yuka Digital GmbH (routecontrol) is entitled to amend service descriptions or general terms and conditions and other conditions. Such amendments shall only be made for valid reasons, in particular due to new technical developments, changes in case law, or other equivalent reasons. If the amendment significantly disrupts the contractual balance between the parties, the amendment shall not be made. Otherwise, such amendments require the customer’s consent.
Yuka Digital GmbH (routecontrol) is further entitled to adjust tariffs at most once per year to changing market conditions, significant changes in procurement costs, changes in VAT, or procurement prices. Price reductions may also be made if costs decrease accordingly. These changes will be communicated to the customer in text form, including within billing if applicable.
12.2. Customers will be informed of price increases by post and may object within 14 days of receipt of the letter.
13. Governing Law / Jurisdiction
If the contractual partner is an entrepreneur within the meaning of § 14 BGB, the Local Court of Offenbach or the Regional Court of Darmstadt shall have local jurisdiction for all disputes arising from or in connection with a contract in the routecontrol business area between Yuka Digital GmbH and the contractual partner. German law shall apply to the exclusion of international uniform law, in particular the UN Convention on Contracts for the International Sale of Goods.
14. Data Protection / Storage of Personal Data
14.1. Routecontrol takes the protection of personal data very seriously and strictly complies with the applicable data protection regulations. Routecontrol collects and processes only the data necessary for contract execution. In no case will collected data be sold. Data will only be shared – with the customer’s consent – with partner companies cooperating with routecontrol for service provision. In addition, disclosure may occur due to mandatory orders from public authorities pursuant to § 14 paragraph 2 Telemedia Act.
14.2. Internet transmissions are never 100% secure or error-free. However, routecontrol takes appropriate measures to protect customers’ personal data against loss, misuse, and unauthorised access, disclosure, alteration, or destruction. Protection of login credentials and passwords is solely the responsibility of the customer. The customer must notify routecontrol if they suspect that login credentials or passwords have been compromised.
14.3. The customer shall inform its employees about the use of routecontrol and about the type of data processed, the purpose, and the duration of processing. When used within companies, the customer alone is liable for claims arising from non-compliance with data protection provisions.
14.4. The customer has the right to obtain information about the personal data stored concerning them, its origin and recipients, and the purpose of storage.
15. Installation
Yuka Digital GmbH – routecontrol does not employ its own technicians for installation or deinstallation of routecontrol products. Upon request, an external company may be arranged. Upon customer request, billing may be handled via Yuka Digital GmbH as intermediary. The contractual relationship for the service exists exclusively between the customer and the company providing the service. Liability for installation/deinstallation and any resulting damages lies exclusively with the commissioned company or technician. The company is neither an employee nor a vicarious agent of Yuka Digital GmbH (routecontrol). In case of disputes, Yuka Digital GmbH is excluded from any liability. Such disputes must be resolved directly between the installation/removal parties.
16. Miscellaneous
If individual parts of these contractual provisions are or become invalid, the validity of the remaining provisions shall not be affected.