Terms and conditions
The binding terms are the German version of 11 September 2026, published at hyghsoft.com/de/terms. The contract language is German (Part A, Section 1 (7)). The previous English translation described an earlier and shorter version and has been withdrawn to avoid contradictions. A full English translation of the current version is in preparation.
What the German version contains
The document is one complete set of terms in ten parts and 17 annexes, covering 116 sections:
- Part A basis of the contract: scope, definitions, order of precedence, conclusion, setup, trials, customer duties, accounts, roles and rights
- Part B licence and rights in the software, acting as the end user licence agreement: the software is licensed, not sold; permitted and prohibited use; source code; mobile apps; updates; pre-release features; third-party and open source components; licence audits; trademarks; feedback; machine learning features
- Part C operations: hosting environment, availability, maintenance, changes, usage limits, interfaces, support, support access into customer systems, security, backup, logging
- Part D fees and term: prices, small business rule under Section 19 of the German VAT Act, invoicing, default, price adjustment, tiers, credit, term and termination, suspension, data return, account deletion
- Part E acceptable use policy: prohibited content, prohibited conduct, messaging and advertising, websites, public links and location sharing, personal warning entries, tracking, third-party complaints, enforcement ladder, appeals, responsible disclosure
- Part F data: customer data, roles under the GDPR, processing on behalf, joint controllership for HyghCheck, employee data, usage statistics, confidentiality, government requests
- Part G warranty, liability, indemnity, force majeure, export control, compliance
- Part H product specific terms for HyghFleet, electronic signatures, accounting, inventory, document templates, HyghTrack and telematics, hardware, mobile connectivity, geofences, remote commands, HyghCheck, HyghRent, ZeiTrack, HyghsoftID, cloud storage, storage quota, HyghHosting, HyghMail, domains, messaging, custom development, on-premise licences, training, documentation, tiers and reselling
- Part I consumers and end customers, including the right of withdrawal
- Part J final provisions: amendments, notices, assignment, references, severability, governing law and place of jurisdiction
- Annexes 1 to 17 service overview, availability and response times, usage limits, price structure, catalogue of prohibited content, enforcement ladder, admissibility standard for warning entries, tracking and employees, data processing agreement, technical and organisational measures, sub-processors, retention periods, trademark guidelines, withdrawal instructions, reporting channels, glossary, version history
Questions
Write to contact@hyghsoft.de. HyghSoft, owner Samet Gülhan, Voßweg 18, 45896 Gelsenkirchen, Germany.