General Terms and Conditions (AGB)
Heylog comprises a cloud-based communication solution that can be used to communicate easily between logistics companies and drivers as well as other players along the supply chain via existing communication services such as WhatsApp & Co. The cloud-based communication solution and the mobile applications are hereinafter referred to as the “application”.
1. scope of application
1.1. These Heylog Terms of Use (“Terms”) apply to the use of Heylog. They apply between us, Heylog FlexCo based in Vienna, Austria (“Heylog” or “we”), and you (also: “User”, together with Heylog also “Parties”)
1.2. Terms and conditions pre-formulated or otherwise provided by you which deviate from these GTC shall not become part of the contract, even if we are aware of them, unless we expressly agree to their validity, at least in text form (e.g. by e-mail).
1.3. The currently valid GTC are available to you at any time within Heylog and at the URL www.heylog.com/terms and can be accessed, saved and printed by you from there. Heylog does not save this contract text after conclusion of the contract.
1.4. If working days are specified as deadlines in these GTC, this shall mean all weekdays with the exception of Saturdays (Saturdays), Sundays and public holidays in Austria.
1.5. The contract language is German. Any translations into other languages are for the sole purpose of comprehensibility and are not legally binding.
2. subject matter of the contract
The subject of the contract is the provision of the Heylog application by us.
3. conclusion of the contract
3.1 Use of the application: By calling up the Heylog website in your browser, entering the requested data (name, company data, e-mail address, password) and then accepting these GTC by clicking on “REGISTER”, you are making us an offer to conclude a contract of use in accordance with the provisions of these GTC. By sending you a confirmation e-mail to the address provided, we accept this offer and the contract of use is concluded.
These GTC are also the subject of contracts concluded between a Heylog employee and you. Explicit reference is again made to them in the sales documents.
4. our services
We provide the following services as part of Heylog:
4.1. Provision of access to the communication solution (application) and its essential functions after registration and conclusion of the contract.
4.2. The owed availability of the application is at least 99% on an annual average. This excludes necessary planned maintenance work and disruptions that are beyond our control, in particular force majeure. Where possible, we will inform users of planned maintenance work in good time by e-mail. However, we expressly reserve the right to carry out unannounced maintenance work if necessary, in particular if this is necessary for data and operational security.
4.3. We reserve the right to regularly improve, adapt, expand, replace or otherwise change the functionalities of the application to a reasonable extent and taking into account the interests of all parties involved. However, the essential functions of the application will be retained. We will provide reasonable advance notice of any new features.
5. your duties
5.1 You are obliged to comply with applicable laws, including all applicable data protection laws, when using the Application and not to use the Application in connection with criminal offenses. Login data must be managed securely and protected against access by unauthorized persons.
5.2. We reserve the right to take appropriate measures at our own discretion in the event of violations of the provisions of this section. In doing so, we will take into account the legitimate interests of the parties involved. These measures include the following: The issuing of warnings, the temporary restriction of access to our application or to certain functions, the temporary blocking of users or the permanent deletion of users, including the prohibition of use for the future. In addition, we reserve the right to take legal action.
6. costs
6.1. The use of the application is generally subject to a charge. The prices are based on our price list, unless different prices are contractually agreed between the parties.
7 Our liability
7.1. For services that Heylog provides free of charge, we shall only be liable for intent and gross negligence in accordance with the statutory provisions.
7.2. Otherwise, Heylog shall be liable without limitation for intent and gross negligence as well as for damages resulting from injury to life, body or health.
7.3. In cases of simple negligence, Heylog shall be liable for breach of a material contractual obligation. An essential contractual obligation within the meaning of this clause is an obligation, the fulfillment of which makes the execution of the contract possible in the first place and on the fulfillment of which the user may therefore regularly rely.
7.4. Heylog shall not be liable for lack of economic success, loss of profit and indirect damages in the case of clause 3.
7.5. Liability in accordance with the above clause 3 is limited to the typical, foreseeable damage at the time of conclusion of the contract.
7.6. Liability for damages due to data loss shall be limited in the case of 3 to the amount of data recovery that would have been incurred even if the user had backed up the data regularly and in accordance with the risks involved.
7.7. The limitations of liability shall apply accordingly in favor of Heylog’s employees, agents and vicarious agents.
7.8. Any liability of Heylog for guarantees given (which must be expressly designated as such) and for claims based on the Product Liability Act or applicable data protection law shall remain unaffected.
7.9. Any further liability on the part of Heylog is excluded.
8. warranty
8.1. Heylog provides a warranty for free services in accordance with the statutory provisions.
8.2. Otherwise, Heylog shall provide a warranty for defects in the provision of the application exclusively in accordance with the following provisions.
8.3. Defects are significant deviations from the contractually agreed functional scope of the application.
8.4. If the services to be provided by Heylog under this contract are defective, Heylog shall, within a reasonable period of time and after receipt of a written (e-mail is sufficient) notice of defects from the user, either rectify the services or provide them again at its discretion. When using third-party software that Heylog has licensed for use by the user, the rectification of defects consists of the procurement and installation of generally available upgrades, updates or patches. Rectification shall also include the provision of usage instructions with which the user can reasonably circumvent any defects that have occurred in order to use the application in accordance with the contract.
8.5. If the defect-free provision of the services fails for reasons for which Heylog is responsible, even within a reasonable period set by the user in writing (e-mail is sufficient), the user may reduce the agreed remuneration by a reasonable amount. The right to a reduction is limited to the amount of the monthly fixed price relating to the defective part of the service.
8.6. If the reduction in accordance with clause 5 reaches the maximum amount specified in clause 5 in two consecutive months or in two months of a quarter, the user may terminate the contract without notice.
8.7. The user shall notify Heylog immediately in writing (e-mail is sufficient) of any defects that occur. Furthermore, the user shall support Heylog in the rectification of defects free of charge in a reasonable manner and in particular provide Heylog with all information and documents that Heylog requires for the analysis and rectification of defects.
9. data backup
9.1. The user is obliged to back up his data at regularly scheduled intervals, depending on the risk associated with the use of Heylog. Data export can be requested from Heylog by sending an email to [email protected].
10. Laufzeit und Kündigung
10.1. The contract for the use of the application is generally concluded for a period of 12 months (“term”), unless otherwise stated in the offer. If the contract is not terminated one month before the end of the term by pressing the corresponding button or written notification (e-mail is sufficient) is received by Heylog, the contract is automatically extended on an ongoing basis for a further 12 months or the period stated in the offer with the respective expiry of the term.
10.2. The contract can be terminated by us with a notice period of four weeks. Notice of termination must be given in text form (e.g. by e-mail).
10.3. The contract can also be terminated by either party without notice if there is good cause for termination.
10.4. An important reason that entitles us to terminate the contract may exist in particular if the user breaches one of the obligations specified in Section 5. In this case, we are entitled to warn the user or terminate the contract at our discretion, whereby we will first warn the user if there are no special reasons that justify immediate termination.
11 Copyright and image rights
11.1. The copyrights and image rights for all images, graphics or designs displayed on Heylog itself are owned by us or we are authorized to use them. Use without our express consent is not permitted.
11.2 When using the application by sending and receiving texts and multimedia content, you grant Heylog the right to use only that content which is necessary for the provision of the communication service. This right of use allows us to store the content on data carriers and to use it for the ongoing improvement of Heylog.
Further information can be found in the privacy policy.
12. electronic communication
12.1 You agree that contract-related communication may take place in electronic form.
13 Amendments to these GTC
13.1 These GTC may be amended between you and us by corresponding agreement as described below: We will send you the amended terms and conditions in text form prior to the planned entry into force and separately indicate the new provisions and the date of the planned entry into force. At the same time, we will grant you a reasonable period of at least four weeks to declare whether you accept the amended terms of use for the further use of the services.
If no declaration is made within this period, which begins to run from receipt of the message in text form, the amended terms and conditions shall be deemed to have been agreed. We will inform you separately of this legal consequence, i.e. the right of objection, the objection period and the significance of silence, at the beginning of the period.
14 Choice of law, place of jurisdiction, alternative dispute resolution and other matters
14.1. Ancillary agreements do not exist. Without prejudice to Clause 12, ancillary agreements must be made in writing. This also applies to deviations from this written form clause.
14.2. Should any provision of these GTC, including any provision added at a later date, be invalid, unenforceable or void in whole or in part, or should these GTC contain a loophole, the validity of the remaining provisions shall not be affected. The parties agree to replace the invalid, unenforceable or void provision with a legally valid and enforceable provision that comes as close as possible to the economic purpose of the invalid, unenforceable or void provision. The parties shall in the same way supplement a necessary, appropriate provision where such a provision is missing.
14.3. The EU Commission offers the possibility of online dispute resolution on an online platform operated by it. This platform can be accessed via the external link http://ec.europa.eu/consumers/odr/ to reach us. We would like to point out that we are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.
14.4. The law of the Republic of Austria shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods. This does not apply to provisions which are mandatory under the law of the country in which you are resident and which may not be deviated from by agreement.
14.5. The exclusive place of jurisdiction for all disputes arising from this contract is the registered office of Heylog, provided that you are a merchant, have no general place of jurisdiction in Austria or in another EU member state, have moved your permanent place of residence abroad after these terms of use have come into effect or your place of residence or habitual abode is not known at the time a lawsuit is filed.
Status: May 03, 2023