By installing and/or using the “VDO Fleet” application (hereinafter: “App” or “VDO Fleet”), the user unreservedly accepts the following terms of use of Continental (hereinafter: “Continental”):
Continental property rights, right of use
Use of the App is governed by the End User License Agreement for Licensed Applications set forth in the Mac App Store and App Store Terms of Service, unless otherwise provided herein.
The copyright for works published in this app and created by Continental itself as well as their compilation in the app remains solely with Continental and its subsidiaries. Utilization, in particular duplication, distribution or making publicly accessible such texts, images, graphics, animations, videos, music, sounds and other materials in other electronic or printed publications (in particular in other apps or websites) is not permitted without the express consent of Continental or its Subsidiaries not permitted.
Continental is entitled to use the brands and logos displayed in the app (the “brands”). Nothing contained in this app should be construed as granting any license to use these trademarks. The mere mention of the brands in the app does not mean that the brands are freely available to everyone. The express written consent of Continental is required for this. Unauthorized use of these trademarks is strictly prohibited.
Continental will enforce its intellectual property rights worldwide to the extent permitted by applicable law.
Right of withdrawal
Due to the fact that the offline functions of the VDO Fleet are free features, the user does not have a legal right of withdrawal in accordance with Section 312d Paragraph 1 BGB. Section 312d Para. 4 No. 1 BGB applies to distance selling contracts for the delivery of goods that are not suitable for return due to their nature. Installing the app is a download of software, which cannot be returned without residue due to its nature and the possibility of further use. For this reason, the user's right of withdrawal is excluded.
Content and use of the app, liability
Continental provides the smartphone application "VDO Fleet". No additional hardware is required to use the application in connection with a tachograph from generation 4.1 and the connection is established using the Bluetooth protocol.
The VDO Fleet application allows you to download the legally required tachograph data (DDD data format) as well as upload and archive this data in Continental's tachograph management solution "VDO Fleet - Tachograph Management". In this way, the user ensures that the necessary data is loaded at regular intervals and stored in compliance with the law using the “VDO Fleet” archiving system. The user also has the option of logging into the VDO Fleet System within the application and using it on the go. A valid VDO Fleet contract is required to use the above functions.
The user can also monitor the prescribed download intervals via the VDO Fleet System using the "Reminders" function, so that he does not miss an appointment.
Furthermore, the user has the option of using the "Maps" function in connection with the VDO Fleet System. The service offered allows you to keep track of the position of the fleet vehicles (telematics device required for this) in order to be able to react in the event of events during the transport process.
The information provided in the app is non-binding and is provided for informational purposes only.
The information provided in the app and any products and services provided may be changed or updated by Continental at any time without prior notice. The app does not contain any guarantees or quality information for which Continental is liable, be it express or tacit. This also applies to the timeliness, correctness, completeness and quality of the information provided, for which Continental assumes no liability whatsoever. The user will not manipulate the app and will only use it as intended.
User claims for damages arising in connection with the use of the app and its contents are excluded. Excluded from this are claims for damages arising from injury to life, body or health as well as liability for other damages that are based on an intentional or grossly negligent breach of duty by Continental, its legal representatives or vicarious agents. In the event of a breach of essential contractual obligations, Continental is only liable for contract-typical, foreseeable and direct damage if this was caused simply by negligence. Essential contractual obligations are those whose fulfillment is necessary to achieve the goal of a contract. These limitations of liability also apply to Continental's legal representatives and vicarious agents if claims are asserted directly against them. The provisions of the Product Liability Act remain unaffected.
Continental strongly recommends that you do not use electronic devices while driving, especially not to operate them. Continental accepts no responsibility for any damage resulting from accidents or for receiving fines.
Data collection and data processing
To use this app, please agree to the separate data protection regulations of Continental. You can view the content of the data protection policy at any time under the data protection declaration. Continental reserves the right to change, adapt, delete parts of it or add new parts of this data protection provision at its discretion, but within the scope of legal regulations. If you would like to continue to use this app after receiving a notification from Continental that the data protection regulations have changed, you must first give your consent to these new data protection regulations in order to be able to continue using the “VDO Fleet”.
Links to other websites
Links to third-party websites may be provided in the app as an additional service. These websites are completely independent and are outside the responsibility and control of Continental. Continental is therefore not liable for the content of any of these third-party websites accessed via the app and assumes no responsibility for the content, data protection regulations or use of such websites. The provider of the website referred to via the app is solely liable for illegal, incorrect or incomplete content and in particular for damage resulting from the use or non-use of such information.
Age limit
The minimum age to use this app is 18 years. The user warrants that he is older than 18 years. If Continental becomes aware that the user is not at least 18 years old, Continental is entitled to take the necessary measures. If the user is not yet of legal age, he guarantees that he has his parents' permission to use this app.
Availability of the app
This app is currently available in Germany in the Apple App Store. Continental reserves the right to offer the app worldwide in the future, although this does not imply Continental's intention to bindingly announce the availability of the app around the world.
Termination of participation
Participation in our app ends if the user uninstalls the "VDO Fleet"
Continental is entitled to discontinue the VDO Fleet and the associated services at any time without giving reasons after prior notice. If this is the case, the users have no right to (re)provision of the VDO Fleet.
Miscellaneous
The contract concluded between Continental and the user is subject to German law to the exclusion of the UN Sales Convention. In relation to consumers, this choice of law only applies if the protection granted is not impaired by mandatory provisions of the law of the state in which the consumer has his habitual residence.
Place of jurisdiction for all aforementioned disputes is Frankfurt. If the Continental contractual partner has his place of residence or registered office outside the European Union, all of the aforementioned disputes will be finally decided in accordance with the arbitration rules of the Frankfurt Chamber of Commerce, excluding the ordinary legal process.
Continental reserves the right to amend or supplement these Terms of Use at any time with effect for the future. Consent to the changed terms of use is required in order to continue using the VDO Fleet. Before further use, Continental will ask the user to agree or otherwise refuse using a special function in the VDO Fleet.
Information about the online dispute resolution procedure can be found at the following link on the European Commission website: http://ec.europa.eu/consumers/odr/. This link is provided for informational purposes only in accordance with Regulation (EU) No. 524/2013 of the European Parliament and of the Council. Continental is neither willing nor obliged to take part in a dispute resolution procedure before a consumer arbitration board.
If individual provisions of these terms of use prove to be invalid in whole or in part, this will not affect the validity of the rest of the contract. The statutory provisions shall replace the invalid provision.
Provider
The provider of this app is:
Continental Automotive Technologies GmbH
Vahrenwalder Strasse 9
30165 Hanover, Germany
Telephone: +49 511/938-01
Fax: +49 511/938-81 770
Email: info@vdo.com
Managing directors: Cornelia Stiewing, Harald Stuhlmann
Commercial Register: Hanover District Court HRB 59424
VAT ID No.: DE814950663
Copyright © 2023 exclusive rights of use of Continental Automotive Technologies GmbH and subsidiaries