Terms and conditions

For the use of HyghFleet, HyghTrack, HyghRent, HyghCheck and HyghsoftID, for telematics hardware and for custom development work by HYGHSOFT.

This is a translation for convenience. In case of doubt the German version prevails.

Section 1 Scope and contracting parties

(1) These terms apply to all contracts between HyghSoft, owner Samet Gülhan, Voßweg 18, 45896 Gelsenkirchen, Germany (the "Provider") and entrepreneurs within the meaning of section 14 of the German Civil Code (the "Customer").

(2) They cover the provision of the software HyghFleet, HyghTrack, HyghRent, HyghCheck and HyghsoftID as an internet service, the supply of telematics hardware and custom development work.

(3) Conflicting or deviating terms of the Customer do not become part of the contract unless the Provider expressly agrees to them in text form.

(4) For end users who create a HyghsoftID account or use HyghRent as consumers, section 12 takes precedence.

Section 2 Scope of services

(1) HyghFleet is a management platform for rental companies, provided as software as a service. The functional scope follows from the service description in the respective offer and from the modules booked.

(2) HyghTrack displays telematics data from connected devices. It requires suitable hardware in the vehicle and its mobile network connection.

(3) HyghRent is a portal through which the Customer's own customers can view bookings, documents and messages. The Customer decides whether and to what extent functions are enabled.

(4) HyghCheck is a cross-company warning and information system. It returns search results on recorded persons, not a credit assessment and not a score. Section 8 applies in addition.

(5) HyghsoftID is the sign-in procedure for all of the Provider's services and is provided to end users free of charge.

(6) Telematics hardware (GPS trackers, black box, CAN reader, accessories) is supplied preconfigured. Proper installation is the Customer's responsibility unless agreed otherwise.

(7) Custom development work is performed in stages according to the scope described in the offer.

(8) The Provider develops the services continuously. Functions may be added, changed or removed as long as the contractually owed purpose is preserved. The Provider announces material restrictions with reasonable notice.

Section 3 Conclusion, term and termination

(1) The contract is concluded by acceptance of the offer in text form.

(2) Software-as-a-service contracts run for an indefinite period and may be terminated in text form with 30 days notice to the end of a month, with no minimum term, unless the offer provides otherwise.

(3) The right to terminate for cause remains unaffected. For the Provider, cause exists in particular in the event of a serious breach of section 6 or section 8.

(4) After the contract ends, the Provider makes the Customer's data available for retrieval in a common format for 30 days on request and deletes it afterwards. Statutory retention duties remain unaffected.

Section 4 Prices and payment

(1) The prices agreed in the offer apply. The Provider is a small business within the meaning of section 19 UStG, so no VAT is shown or charged. Should the small business rule cease to apply, the prices apply plus statutory VAT instead. The Provider announces this in good time in text form.

(2) Software-as-a-service fees are due monthly in advance, hardware on delivery, development work per stage after acceptance.

(3) HyghCheck credits are released by the Provider at the Customer's request and invoiced. Released credits do not expire and are not refunded in money.

(4) In the event of default, the Provider may block access to the platform after prior notice with a reasonable deadline. The payment obligation remains.

Section 5 Availability and maintenance

(1) The Provider operates the platform with the due care of a prudent business and endeavours to achieve the highest possible availability. No specific availability level is promised. A different arrangement may be agreed in an individual case and requires text form.

(2) Announced maintenance windows and outages outside the Provider's control are excluded, in particular the availability of mobile networks and satellite navigation, faults on the Customer's device, and force majeure.

(3) The Provider schedules maintenance in low-demand periods where possible and announces it, except for security incidents requiring immediate action.

Section 6 Customer obligations

(1) The Customer ensures that tracking, telematics and immobiliser functions are used lawfully. This includes informing drivers, renters and employees in advance, having a sound legal basis, and, where employees are affected, observing section 26 BDSG and any codetermination rights.

(2) The Customer is responsible for the accuracy and currency of the data entered and for being entitled to collect it.

(3) Credentials are to be kept confidential and must not be passed on. The Customer reports any suspicion of unauthorised access without delay.

(4) The Customer grants permissions to its staff on a least-privilege basis and withdraws them when staff leave.

(5) It is prohibited to call the services automatically to an extent that impairs operation, to circumvent security measures, or to reverse engineer the software except as permitted by section 69e UrhG.

Section 7 Rights of use

(1) For the term of the contract the Customer receives a simple, non-transferable right to use the services within the agreed scope. There is no claim to release of the source code.

(2) For custom development work the Customer receives, upon full payment, a simple right of use to the work result, unlimited in time and territory. The Provider's existing components, libraries and general know-how remain unaffected and may continue to be used.

(3) The Customer's data remains its property. The Provider processes it solely on the Customer's instructions.

Section 8 Special terms for HyghCheck

(1) The Customer may record a person only where a specific, evidenced set of facts exists and that matter is serious. Entries because of disagreements, justified complaints or annoyance are not permitted.

(2) Before recording an entry for outstanding claims, the person concerned must be sent a reminder and given the opportunity to comment.

(3) The Customer records only data it has lawfully collected itself and keeps it current. If the reason ceases to apply, in particular once a claim is settled, the Customer withdraws the entry without delay.

(4) Query results may be used solely to assess the specific contractual relationship and must not be passed to third parties.

(5) A search result does not amount to automatic rejection. The Customer decides on its own responsibility and case by case.

(6) The Provider reviews shared entries before release and may reject or withdraw entries that do not meet these terms. In the event of repeated breaches it may block access to HyghCheck.

(7) The parties conclude an arrangement under Art. 26 GDPR on joint controllership. It governs in particular who informs data subjects and who handles their rights.

Section 9 Data protection

(1) Where the Provider processes personal data on the Customer's behalf, the parties conclude an agreement under Art. 28 GDPR before processing begins. In case of conflict it prevails over these terms.

(2) Processing takes place on servers in Germany. Sub-processors used are named in the privacy policy.

(3) Details are set out in the privacy policy.

Section 10 Warranty

(1) Statutory warranty towards entrepreneurs applies to hardware.

(2) For the software the Provider owes the contractually agreed quality. Defects are remedied within a reasonable period. Immaterial deviations do not constitute a defect.

(3) Telematics data, in particular position, speed and values from the vehicle bus, are measurements. No guarantee is given for gapless recording or for any particular accuracy. Such data is not suitable as the sole basis for decisions of significant consequence.

Section 11 Liability

(1) The Provider is liable without limitation for intent and gross negligence, for injury to life, body or health, and under the German Product Liability Act.

(2) For simple negligence the Provider is liable only for breach of material contractual obligations, meaning obligations whose fulfilment makes proper performance of the contract possible in the first place and on whose observance the Customer may rely. In that case liability is limited to the foreseeable damage typical for this type of contract.

(3) For loss of data the Provider is liable only up to the expense that would have arisen for restoration had the Customer performed proper and regular backups.

(4) The Customer indemnifies the Provider against third-party claims arising from use of the services contrary to section 6 or section 8.

Section 12 End users and consumers

(1) For end users who create a HyghsoftID account or use HyghRent, sections 1 to 11 do not apply insofar as they contain rules for entrepreneurs.

(2) The account is free of charge and can be deleted at any time in the settings without notice. The Provider may terminate the account with 30 days' notice, or block it without notice in case of misuse.

(3) The rental contract for a vehicle is concluded exclusively between the end user and the respective rental company. The Provider supplies only the technical platform and does not become a party to that contract.

(4) Statutory rights of withdrawal towards the rental company remain unaffected and are to be exercised against that company.

Section 13 Changes to these terms

The Provider may change these terms in text form with six weeks' notice. If the Customer does not object within that period, the changes are deemed accepted. The Provider points this consequence out separately in the notice. If the Customer objects, either party may terminate the contract as of the effective date.

Section 14 Final provisions

(1) German law applies, excluding the UN Convention on Contracts for the International Sale of Goods.

(2) Place of jurisdiction is, where permissible, the Provider's registered seat.

(3) Amendments and additions require text form. This also applies to any waiver of this clause.

(4) Should any provision be invalid, the remainder of the contract stays effective.

Last updated: 30 August 2026. The marked placeholders must be filled before use. These terms are aligned with the services actually provided, but they are not legal advice and should be reviewed by a lawyer before use. That applies in particular to sections 8 and 13.