Introduction

Daimler Truck AG (hereinafter "the Operator") operates the myFleetboard Portal (hereinafter: "the Portal") at https://my.fleetboard.com . The Portal is a web-based solution that can be accessed with standard web browsers. The Portal serves to display information from Fleetboard telematics services as well as the Mercedes-Benz Uptime Service.

1 Scope of the Terms of Use

(1) These Terms of Use apply to the use of the Portal. The services offered at https://my.fleetboard.com can be used exclusively on the basis of these Terms of Use. Use of the Portal is limited exclusively to users who are entrepreneurs who carry out online registration in the context of the performance of their commercial or independent professional activities (hereinafter: "Users"). These Terms of Use therefore govern the contractual relationship between the Operator and the User. If the User has concluded a Fleetboard framework agreement or a Mercedes-Benz Uptime agreement with the Operator, this also applies to the Terms of Use. In the event of conflicting terms, the Fleetboard framework agreement or Mercedes-Benz Uptime agreement shall take precedence.

(2) The scope of application of the Terms of Use encompasses the entire Portal, including all areas currently integrated with it or to be integrated with it in the future.

(3) The User can access and print out the relevant current version of the Terms of Use at https://my.fleetboard.com/legal/en/termsofuse.html at any time.

(4) By completing online registration, the User grants their consent to the Terms of Use.

(5) Users will be notified of changes to the Terms of Use via e-mail at least eight weeks in advance. Such changes will be deemed to have been accepted by the User if the User does not object to them within six weeks after receipt of the announcement. The timely dispatch of the objection within the specified period is sufficient to fulfill this requirement. The objection must be addressed to the address specified in the e-mail in which the change was announced. The Operator undertakes to specifically inform the User of the significance of the six-week period and the aforementioned legal consequence of withholding comment in this e-mail. The Operator reserves the right to terminate the agreement in the event that the User objects to the changes.

2 Registration

(1) Completion of the online registration process results in the establishment of a user agreement (hereinafter: "the Agreement") between the User and the Operator. The subject matter of the Agreement is the use of the portal free of charge. The User is not permitted to transfer the Agreement to any third party. Registering multiple times is not permitted.

(2) There is no legal entitlement to the execution of a registration.

(3) Registration requires the selection of a valid e-mail address, which will simultaneously serve the purpose of communication with the Operator, and the User's first name and last name. The User then specifies their password. In the context of their registration, every user undertakes to provide accurate and complete information, to refrain from the use of pseudonyms, and, particularly, to refrain from violating the rights of third parties. A violation of the rights of third parties is deemed to exist in cases including the use of the personal information or other data of third parties, e.g. name or e-mail address, without the consent of those parties.

(4) The language of the Agreement is German.

3 Use and Availability of the Portal

(1) When using the Portal, the User can make use of various services/functionalities.

(2) The Operator has the right to deactivate individual services/functionalities at any time. The User has no entitlement to the maintenance of individual services/functionalities in the form in which they were first discovered by the User at the time of their registration.

(3) The Operator shall make every effort to ensure the disruption-free operation of the Portal. This is naturally limited to services on which the Operator has an influence. The Operator is at liberty to completely, partly, temporarily or permanently restrict access to the Portal due to maintenance work, capacity issues or other events that are not within its sphere of control. If any services are reduced or suspended for such reasons during the use of the Portal, the User shall not have any claim under warranty or claim to compensation.

4 User's Obligations to Co-operate

(1) The User is obligated to keep their login details safe. The User is prohibited from sharing their login details with third parties and/or allowing third parties to access the Portal by bypassing the login details. The User is liable to the Operator for any damages incurred as the result of culpable violation of these obligations of due care and attention.

(2) The User must refrain from any activity that is likely to impair and/or unduly burden the operation of the Portal or the technical infrastructure behind it. This includes, but is not limited to:

 The use of software, scripts, or databases in conjunction with use of the Portal.

 The automatic reading, blocking, overwriting, modifying or copying of data and/or other contents if this is not required for proper use of the Portal

This applies accordingly to services that enable third parties to gain unauthorized access to the Portal, especially to malware and Trojans. Furthermore, the software applications underlying the Portal may not be modified, edited, decompiled (including by means of reverse engineering), stored or otherwise copied, unless temporary storage is necessary for the running of an application program. Similarly, any data and content that can be retrieved via the Portal may not be systematically collected and/or used by the User for commercial purposes. Any automated use of the Portal (e.g. with crawlers or other software) is prohibited. In addition, the User may not offer access to applications or work results derived from applications to third parties for a fee or as part of sponsored work.

(3) If any malfunctions occur while using the Portal or its functionalities, the User must inform the Operator of this malfunction without delay.

5 Indemnity, Liability and Contents of the Portal

(1) In the event of a culpable violation of these Terms of Use, the User is liable to the Operator for compensation of all resulting direct and indirect damages, including financial losses.

(2) The User indemnifies the Operator and its employees or representatives from all third-party claims raised as the result of alleged or actual legal violations and/or violations of third-party rights due to actions carried out by the User in connection with their use of the Portal. Furthermore, the User undertakes to refund all costs incurred by the Operator due to third-party claims. The refundable costs also include the cost of an appropriate legal defense.

(3) The Operator is fully liable for intent and gross negligence as well as according to product liability law. For slight negligence, the Operator is liable in the event of damages due to injury to the life, body or health of persons.

(4) Otherwise, the following limited liability applies: In the event of slight negligence, the Operator is only liable in the event of the violation of an essential contractual obligation whose fulfillment enables proper enforcement of the contract in the first place and in which the User may have every confidence (cardinal obligation). The liability for slight negligence is limited up to the amount of the typically foreseeable damages at the time of entering into the contract, with the exception of liability for indirect and consequential damages. This liability limitation also applies in favor of the Operator's vicarious agents. If the damage is covered by insurance taken out by the user for the type of damage suffered (excluding fixed-sum insurance), the Operator will only be liable for any associated disadvantage suffered by the user, e.g. increased insurance premiums or the interest charges / interest income foregone until such time as the claim is settled by the insurer.

(5) Irrespective of any limitation of liability, the Operator shall be liable, where the amount is concerned, for pecuniary losses only to the extent that they are typical for this type of contract and were foreseeable at the time the Agreement was concluded. Liability for indirect and consequential losses is hereby ruled out.

(6) Damage claims against the Operator shall become time barred after one (1) year unless they are based on intentional acts by the Operator. The limitation period shall begin at the end of the year when the User obtained knowledge of the damage and the circumstances that caused it, or would have obtained such knowledge were it not for gross negligence. However, the aforementioned claims of the User against the Operator shall become time-barred irrespective of this knowledge no later than three years after the event that caused the loss or damage.

(7) The Operator is not liable for damages caused by disruptions to services that occur through no fault of its own.

(8) The information provided and the statements made by the Operator in the Portal do not constitute any assurance or warranty, either express or implied.

6 Term/Termination of the Agreement

(1) The Agreement shall begin upon registration and consent to the Terms of Use and shall exist for an indefinite period.

(2) The User can terminate this Agreement at any time without observing a period of notice and without specifying reasons by deleting their user account. The Tenant-Owner can only terminate this Agreement once they have terminated their Fleetboard framework agreement or Mercedes-Benz Uptime agreement.

(3) The Operator can terminate the Contract by giving six weeks' notice. Termination can also take place by means of the deactivation of the user account. In the event that the User has a Fleetboard framework agreement or a Mercedes-Benz Uptime agreement , these shall take precedence.

(4) In addition, the parties' right to terminate the contractual relationship without notice for cause remains intact. The Operator is deemed to have cause for termination of this Agreement particularly in the event that the User is in breach of the obligations established under it.

7 Concluding Provisions

(1) In the event that the Terms of Use contain invalid provisions, this shall have no effect on the validity of the remaining provisions of the Terms of Use.

(2)   The present Terms of Use are subject exclusively to German law.

(3) The exclusive place of jurisdiction for all legal disputes under this Agreement shall be Stuttgart.