Sixfold Terms & Conditions

Sixfold GmbH, incorporated under the commercial register, register no. HRB 735749 (hereinafter: “Sixfold”) operates an internet-based platform for providing Carriers and Shippers with real-time transparency of the status and performance of their transports to increase their supply chain efficiency. For this purpose, Sixfold links location or status information that is provided by Carrier, with transport order information provided by Shipper.

This Agreement describes the services provided by Sixfold to a Carrier. Thus, Customer in this document always refers to a Carrier. Customer is aware that Carrier, as well as Shipper, are beneficiaries of Sixfold’s service.

Customer desires to increase the efficiency of its logistics processes by rendering more visibility for the parties to the transportation chain. For this purpose, Customer provides Sixfold with access to the Data Sources (telematics platform, mobile app and/or TMS system) whereas Sixfold provides the parties in Customer’s supply chain with real-time transparency and Customer with the access to the User Interface.

ESSENTIALLY,

Sixfold bietet Transparenz auf Ihre Transporte in Echtzeit und prognostiziert Ankunftszeiten für Sie und Ihre Transporteure. Um dies zu erreichen, verbindet und analysiert Sixfold Daten von beiden.

Hereunto the Parties conclude this Carrier Service Agreement online. The Agreement between Sixfold and Customer is concluded by Customer’s registration on Sixfold’s website and Sixfold’s acceptance of such registration. The registration must be completed in full and truthfully. Sixfold may request the authorised signatory of Customer to show suitable evidence of authority to represent Customer. Sixfold reserves the right to refuse registration or to revoke or to delete such in case of misuse or if false information is provided.

Capitalized terms are defined in Annex 1.

ESSENTIALLY,

Durch die Nutzung von Sixfold erklären Sie sich mit allen nachstehenden Bedingungen einverstanden.

(1) Free of charge nature

The Services laid out in this Carrier Service Agreement are free of charge, unless agreed otherwise in a separate agreement. Beyond our control, third party platforms might charge Customer for using data created with these Services on their platform with a separate agreement between the third party and Customer.

Customer acknowledges that the Services laid down in this Agreement might not yet be fully available at the time of contract conclusion. Reason being that the services are continuously developed and improved in order to constantly increase Customer’s supply chain efficiency. Sixfold will inform Customer of the availability of services.

ESSENTIALLY,

Für Sie ist die Nutzung von Sixfold kostenlos. Wir aktualisieren den Service laufend, einige der hier erwähnten Funktionen sind zur Zeit noch nicht verfügbar.

(2) Vehicle location tracking

Customer can see the approximate location of all trucks and trailers for which Customer has granted Sixfold access via Data Sources (telematics platform, TMS integration or the mobile app), as well as the allocated orders together with loading and unloading stations. Trucks and trailers are identified by their license plate numbers and only the latest approximate position of the respective vehicle that is known to Sixfold will be displayed.

ESSENTIALLY,

Sie können bei Sixfold die letzten Standorte aller Ihrer verknüpften Fahrzeuge sehen.

(3) Transport location and status

In order to provide visibility of transport status to other Participants of the Supply Chain, a Carrier needs to allocate a truck or trailer to a transport. During any given transport, the approximate location of the allocated truck or trailer as well as transport-related status information is made visible for the Customer, the Shipper and — if applicable and permitted by the Shipper — also to the Supplier and Goods Recipient.

Participants of the Supply Chain can only see visibility data for transports which have been explicitly accepted by Customer and for which Customer has allocated a vehicle. In addition, Customer may choose to provide location visibility for all or a subset of their vehicles to their trusted partners on Sixfold also if no transport is carried out to that partner. Customer is in full control, deciding which partners they want to provide such blanket visibility to, or revoke from, at any time.

ESSENTIALLY,

Damit Sixfold funktionieren kann, müssen Sie Fahrzeuge und Sendungen einander zuordnen. Nur die Fahrzeuge, die Sie zugeordnet haben, sind für Ihre Kunden sichtbar - und das auch nur während der Transportzeit.

(4) Notifications regarding transports

Customers and Shippers are alerted about visibility events. The same applies for Goods Recipients, if applicable and permitted by the Shipper. If the allocated truck cannot be on time for an (un-)loading appointment, the aforementioned parties will be informed about the expected delay based on their preferences, which allows them to react proactively. Similar alerts are shown to the Customer and Shipper if the environmental conditions (e.g. temperature) in the trailer have been out of allowed bounds or the truck position cannot be retrieved by Sixfold’s tracking.

ESSENTIALLY,

Sie und Ihre Kunden werden alarmiert, wenn sich Ihr Fahrzeug verspätet oder wenn wir ein anderes Problem feststellen – so können Sie im Voraus reagieren und Entscheidungen treffen.

(5) Reporting

In order to provide Customer and Shipper with an objective perspective on performance and quality of service, both parties have access to reporting functionality, that provides an aggregate picture of various performance metrics.

Sixfold may promote good carriers, potentially bringing them more business. In order to have objective criteria for assessing carriers, Customer’s performance is rated through objective performance criteriums and this rating might be made available to other Participants of the Supply Chain or the general public by Sixfold or its partners.

ESSENTIALLY,

Wir stellen Ihnen und Ihren Kunden Analysen und Berichte zur Verfügung. Die Leistung jedes Spediteurs wird von Sixfold objektiv bewertet, und diese Bewertung kann veröffentlicht werden.

(6) Prediction analysis

In order for Sixfold to be able to provide these services and assure the quality and confidence of its predictions, continuous analysis of collected data has to be commenced also during the times when no transport is assigned to the truck. By continuous analysis better geofencing of loading and unloading stations and intermediary stops will be achieved. By aggregating data across all the datasets, continuous improvements to Sixfold advanced trucking-specific geoinfo dataset and routing maps are made. When rendering prediction analysis Sixfold is responsible for the correct calculation logic behind, not for correctness of the data received from the Data Sources.

ESSENTIALLY,

Um genaue ETAs zu liefern und die Gesamtqualität der Dienstleistung zu verbessern, verfolgt und analysiert Sixfold die Fahrzeuge auch dann, wenn gerade kein Transport erfolgt.

(7) Map material and routing information

The map material and routing information used for displaying location and routing of a truck is taken from a Third Party provider. Customer is authorized to use the material only in terms of this Carrier Service Agreement. Any further use of the map material such as the translation, processing, changing or arranging of the data as well as the use of the data and any results received from the application for the purposes of setting up its own product such as, for example, geographical maps of Customer is not permitted. In case of any infringement of copyright or in case of any unauthorized extension of the use permitted, Customer is obliged to hold Sixfold harmless towards any claims of the Third Party provider.

ESSENTIALLY,

Material von Drittanbietern, das für die Dienstleistungen von Sixfold verwendet wird, darf ausschließlich im Rahmen dieser Vereinbarung verwendet werden.

(8) Carrier finder and capacity matching

Sixfold provides directly and through its Partners capacity matching and carrier finder functionality to Participants of the Supply Chain, bringing them more business opportunities.

No Participant will see individual vehicle locations through this functionality. Instead, characteristics like probability of available capacity in a region or frequency of servicing a region by a carrier are provided in aggregated form to the Participants.

Customer may choose to participate in this capacity related knowledge sharing, or stop participation, at any time.

ESSENTIALLY,

Wenn Sie sich für einen solchen Wissensaustausch entscheiden, kann Sixfold interessierte Transporteure auf Grundlage ihrer Versandaufträge und der Standorthistorie Ihrer Flotte mit Ihnen zusammenbringen.

(9) Value added services and improvements

Sixfold may use the data from the Data Sources in an anonymized, aggregated form and share it with its partners for the purpose of improving and further developing its services including but not limited to features like improved ETAs, border crossing delays and dwell times. Any partners that Sixfold transfers data to, will have entered into agreements with Sixfold that are no less protective than these Terms of Service.

ESSENTIALLY,

Sixfold kann anonymisierte und aggregierte Kundendaten zur Verbesserung und Weiterentwicklung seiner Dienstleistungen nutzen.

(1) Consent

Customer grants Sixfold access to its Data Sources (telematics platform, mobile app or a TMS system) for the duration of this Carrier Service Agreement by providing the required Access Data for the purpose of the Services as described in Section II above. Hereby Customer ensures and warrants that all legal preconditions are complied with and that Customer is legally entitled to provide Sixfold with the Access Data and access to the data contained in the Data Sources in accordance with Section VI (Data Protection) below.

Sixfold may forward Customer data to Customer accounts on Third Party platforms. For this purpose Customer is required to store Access Data for such Third Party platforms on their Sixfold account.

ESSENTIALLY,

Durch die Weitergabe von Daten an Sixfold zum Zwecke der Bereitstellung der Dienste stellen Sie die Rechtmäßigkeit gemäß Abschnitt VI sicher.

(2) Identification and Security

Sixfold agrees to keep the Access Data provided by Customer confidential. Sixfold agrees not to use this Access Data in a way that could harm, interrupt, damage or improperly access other computer programs, systems and information.

ESSENTIALLY,

Sixfold behandelt Ihre Daten vertraulich.

(3) Conduct on Data Sources

Sixfold may not use the access to the Data Sources for illegal agreements among competitors, circumvention of any embargos or any other illegal activity. This applies also to attempting and to supporting such usage.

Sixfold may not use the access to the Data Sources for any purpose that is racist, discriminatory, obscene, indecent, hateful, malicious, pornographic, potentially damaging to minors, defamatory, libelous, fraudulent, treasonous, threatening, abusive, excessively violent, promotes the use of violence, or is otherwise harmful to others, unlawful or against official regulations or requirements. Customer will not use or save such data in the Data Source.

ESSENTIALLY,

Sixfold nutzt den Zugriff auf Ihre Datenquellen nicht für illegale, unangemessene oder unverantwortliche Aktivitäten.

(4) Collected data

In order to provide the Services laid out in this Carrier Service Agreement, Customer agrees that Sixfold collects the following data (including personal data as defined the EU General Data Protection Regulation (“GDPR”)) – if available – for the following purposes from the Data Sources:

• Real-time GPS positions, speed, bearing, planned routes, the telematics system’s Estimated Time of Arrival, and other similar position-related data of trucks or trailers for predictive Estimated Time of Arrival analysis and providing of status notifications
• Contact data of driver for providing status notifications
• Tachograph data for increasing the accuracy of estimates due to mandatory breaks drivers have to take
• Temperature and other similar environmental measurements for increasing the quality of service analysis
• Additional, not person-related telematics information provided in the Data Sources for increased service offering by Sixfold
  

Customer agrees that Sixfold will keep the collected data for 6 months after termination of this agreement in order to render reporting services as described in Section II (Services).

ESSENTIALLY,

Zur Bereitstellung seiner Dienstleistungen sammelt Sixfold die aufgeführten Daten.

(1) Scope of Access

Sixfold grants to Customer for the duration of this Agreement a right to access the User Interface. Sixfold may introduce new releases, versions, updates and upgrades of the User Interface from time to time. In this case, the preceding sentence shall apply accordingly.

The system requirements that currently apply for the use of the User Interface are provided on the website of Sixfold.

Customer undertakes to use the User Interface and the Services solely for its own internal business purposes in accordance with this Agreement.

Customer shall not be entitled to provide Third Parties access to the User Interface, neither for payment of a fee nor free of charge.

ESSENTIALLY,

Solange diese Vereinbarung gültig ist, haben Sie Zugriff auf die Sixfold-Benutzeroberfläche. Nutzen Sie Ihren Zugang ausschließlich für interne und vereinbarte Zwecke.

(2) Identification and Security

Customer will have access to the User Interface by way of its Access Data. Customer agrees to keep its Access Data confidential. Customer undertakes to change its password on a regular basis.

Customer agrees not to enter information or data into the User Interface that could harm, interrupt, damage or improperly access other computer programs, systems and information.

ESSENTIALLY,

Gehen Sie verantwortungsvoll mit Ihren Zugangsdaten und den Eingaben auf unserer Benutzeroberfläche um.

(3) Conduct on the User Interface

Customer may neither use the data provided in the User Interface for monitoring any data subject’s behavior nor for any other controls of any data subject. The use cases of the data are described conclusively in Section II (Services).

Further, Customer may not use the User Interface for illegal agreements among competitors, circumvention of any embargos or any other illegal activity. This applies also to attempting and to supporting such usage.

Customer may not use the User Interface for any purpose that is racist, discriminatory, obscene, indecent, hateful, malicious, pornographic, potentially damaging to minors, defamatory, libelous, fraudulent, treasonous, threatening, abusive, excessively violent, promotes the use of violence, or is otherwise harmful to others, unlawful or against official regulations or requirements. Customer will not use or save such data on the User Interface.

ESSENTIALLY,

Sie dürfen unsere Benutzeroberfläche und die Daten unserer Plattform nur für die vereinbarten Zwecke nutzen.

(4) Blocking of Access and Data

Sixfold reserves the right to temporarily or permanently block Customer’s access to the User Interface in case of any infringement according to the passage Conduct on the User Interface and to delete or block Customer’s data infringing the provisions of this Carrier Service Agreement. In case of a permanent blocking, the provisions under Section XIII (Term and Termination) apply.

In making the decision to block the access, Sixfold will take into account the legitimate interests of Customer to a reasonable extent and will consider any indications that there is no fault on the part of Customer.

Sixfold will inform Customer about blocking of its access and blocking or deletion of its data via e-mail.

Sixfold is entitled to inform the Shippers of Customer about an impending or actual blocking of Customer’s access to the User Interface.

In the event Customer’s access is only blocked temporarily, the right of Sixfold to access data via the Data SourcesTelematics Platform remains unaffected.

Any further rights of Sixfold, such as those related to claiming damages, default delay and/or the right to terminate this Carrier Service Agreement for good cause remain unaffected.

ESSENTIALLY,

Wir können Ihren Zugang bei Verstößen gemäß dieser Vereinbarung sperren.

Sixfold hereby grants Customer the right to use the User Interface strictly for the purpose and duration of this Agreement. Beyond that Sixfold does not provide any licenses and/or right to any Intellectual Property (current and/or future) of Sixfold or any other third party.

Any and all Intellectual Property owned by Sixfold prior to the Effective Date shall remain the sole property of Sixfold. Any and all Intellectual Property that results from, is obtained or developed in connection with this Carrier Service Agreement and the provision of the Services after the Effective Date shall exclusively be owned by Sixfold.

ESSENTIALLY,

Jegliches geistiges Eigentum, das im Zusammenhang mit dieser Vereinbarung entwickelt wird, gehört Sixfold.

Sixfold helps to optimize logistics processes of Customer as well as other Participants of the Supply Chain. Sixfold carries out the efficiency optimization itself, with its affiliates or subcontractors in accordance with the terms of this Carrier Service Agreement and on the basis of the necessary data processing contracts, if any.

For the purposes of providing it’s the Services under this Agreement, Sixfold collects, and processes and uses the data defined in Section III (Data Sources) and set out below.

Most of the data provided by Customer and processed by Sixfold are transport-related and not personal data. Where Sixfold processes personal data, such processing is strictly limited to what is necessary to perform the Services as specified in this Agreement taking into account the data subject’s interests. Sixfold processes personal data in accordance with applicable data protection laws, taking the GDPR regulations into account as well as this Agreement. Details can be found in Sixfold’s Privacy Policy.

ESSENTIALLY,

Sixfold verarbeitet Daten in Übereinstimmung mit den geltenden Datenschutzgesetzen.

(1) Transport related data

Transport related data include but are not limited to real-time location of trucks and trailers, temperature and other similar environmental measurements as well as additional telematics information provided through Customer’s system.

ESSENTIALLY,

Wenn persönliche Daten verarbeitet werden, so müssen Sie den beteiligten Personen Informationen darüber zur Verfügung stellen.

(2) Location related telematics data

Within the scope of this Carrier Service Agreement, Sixfold collects, processes and uses location related telematics data (e.g. license plate and GPS location data of the truck or trailer — see more detail about collected data in section III. Telematics Platform) in order to predict estimated time of arrival and provide status notifications. Hereunto Sixfold collects, processes and uses the personal data of the truck driver in order to track transports. The provision of access to the Telematics Platform make the location data of trucks and/or trailers available for Sixfold. Sixfold relates that data with a specific transport and provides it to other Participants of the Supply Chain who can view this data via Sixfold’s or the Partner’s User Interface. Customer is responsible for informing Data Subjects and obtain their consent that their personal data such as license plate and location data of the truck may be shared via the Telematics Platform, that this data is collected for the purposes of the scope within Section I (Scope) and that this data will be made visible for the parties within the transportation chain, that is Carriers, Suppliers, Shippers, Sixfold or Partners for the purpose of processing and monitoring the performance of the transportation orders to which such data relates.

ESSENTIALLY,

Wenn persönliche Daten verarbeitet werden, so müssen Sie den beteiligten Personen Informationen darüber zur Verfügung stellen.

(3) Technical Organisational Measures

Taking into account the state of the art, the costs of implementation and the nature, scope, context and purposes of processing as well as the risk of varying likelihood and severity for the rights and freedoms of natural persons, Sixfold implements appropriate technical and organisational measures to ensure a level of security appropriate to the risks that might occur in connection with the usage of its Service.

ESSENTIALLY,

Wenn persönliche Daten verarbeitet werden, so müssen Sie den beteiligten Personen Informationen darüber zur Verfügung stellen.

(4) Data Subjects Rights & Customer obligation

Customer will ensure that the data entered by its Users are allowed to be processed. The Users of Customer may enter into the User Interface information concerning Data Subjects. Customer will take appropriate measures to provide any such Data Subject with the necessary information about the processing of their personal data in a concise, transparent, intelligible and easily accessible form, using clear and plain language and in accordance with Section 13 GDPR and other applicable data protection law. Such Data Subjects may include, in particular, contract partners of Customer without access to Sixfold’s Service or truck drivers. Customer is obliged to inform the Data Subjects about their rights according to applicable data protection law. Such rights may include, in particular, right of access, right to rectification, right to restriction of processing and right to object. Customer will ensure that the personal data entered by its Users are limited to the data permissible in accordance with the principle of data minimization.

Customer will ensure the compliance with all applicable data protection laws when using any personal data relating to, contained in or derived from the User Interface. This includes, in particular, the compliance with any legal requirements regarding any performance and/or behavior control of persons using the User Interface on behalf of Customer, including but not limited to any specific rules on the processing of employees' personal data in the employment context.

Customer will ensure that every Customer’s Establishment located outside of the European Economic Area and countries with adequate level of protection of personal data according to the decision of the European Commission concludes the EU Model Clauses with Sixfold or confirms its compliance with other appropriate safeguards permissible according to the applicable data protection law prior to obtaining an access to the Platforms.

If Customer becomes aware of any data security breach relating to the User Interface, Customer will promptly inform Sixfold about such breach in appropriate manner. If the applicable law requires the communication of any personal data breach to Data Subjects or supervisory authorities and the data of Customer are concerned, the Parties will jointly coordinate the communication.

If Customer uses its own servers for data export via Sixfold interfaces, Customer is responsible for the ensuring of server security. This includes all measures to ensure the integrity, confidentiality and availability of information and information systems which are usual for the services of the same kind. Examples for such measures are access management, patch management, system hardening and encryption of data transmission.

ESSENTIALLY,

Wenn persönliche Daten verarbeitet werden, so müssen Sie den beteiligten Personen Informationen darüber zur Verfügung stellen.

(5) Storage and Deletion

All data which is provided by Customer via the Data Sources is stored for future access and internal automated processing by Sixfold (e.g. improvement of Estimated Time or Arrival algorithms) only as long as the Customer or another participant of the supply chain (e.g. a Shipper) has justified interest in receiving said data in order to satisfy the purpose of this Agreement. Sixfold will retain said data in a form attributable to the Customer for no longer than 24 months since receiving it from the Data Sources. Customer will ensure that the data subject’s consent as set out above covers the data storage as set out in this Section. In the event of termination of this Carrier Service Agreement, Sixfold will retain said data for no longer than 6 months.

ESSENTIALLY,

Wenn persönliche Daten verarbeitet werden, so müssen Sie den beteiligten Personen Informationen darüber zur Verfügung stellen.

(6) Indemnification

With regard to any data protection violation by Sixfold due to Customer failing to comply with its obligations under this Section VI (Data Protection), Customer will indemnify Sixfold in accordance with Section XII (Indemnification) below.

ESSENTIALLY,

Falls Sie Ihren Datenschutzverpflichtungen nicht nachkommen, müssen Sie Sixfold entschädigen.

The Receiving Party may have access to Confidential Information of the Disclosing Party.

The Receiving Party will not disclose or otherwise make available to any Third Party any of the Disclosing Party’s Confidential Information in any form, to any person or entity other than the Receiving Party’s employees, affiliates or agents with a need to know such Confidential Information. In this case, the Receiving Party shall ensure that all such Receiving Party’s employees, affiliates or agents enter into a non-disclosure agreement with the Receiving Party offering the same level of protection as stipulated herein. The Receiving Party will not use the Disclosing Party’s Confidential Information for any purpose other than fulfilling the Receiving Party’s obligations under this Carrier Service Agreement.

The Receiving Party will keep the Confidential Information secret by using at least the same care and discretion that the Receiving Party uses with respect to its own trade secrets and in no case less than reasonable care.

Confidential Information does not include information which:

• a. was known to the Receiving Party prior to its disclosure by the Disclosing Party,
• b. has become generally available to the public (other than through the Receiving Party),
• c. is obtained by the Receiving Party from a Third Party under no obligation of confidentiality to the Disclosing Party.

The Receiving Party may disclose the Confidential Information if such disclosure is required according to applicable laws or governmental regulations, provided that the Receiving Party has submitted prior written notice of such disclosure to the Disclosing Party, to the extent such action is possible, and takes reasonable and lawful actions to avoid and/or minimize the extent of the disclosure.

The provisions of the confidentiality section shall survive the termination of this Carrier Service Agreement for a period of five (5) years from termination or from the last disclosure of Confidential Information, whichever is the latest.

ESSENTIALLY,

Ergreifen Sie geeignete Maßnahmen zum Schutz der mit Ihnen geteilten vertraulichen Informationen.

Sixfold warrants that the Services may be used in accordance with the provisions of this Carrier Service Agreement.

Rights in case of defects shall be excluded in case of minor or immaterial deviations from the agreed or assumed characteristics or in case of just slight impairment of use. Product descriptions shall not be deemed guaranteed unless separately agreed in writing. In particular, a functional impairment does not constitute a defect if it results from hardware defects, environmental conditions, wrong operation, flawed data or other circumstances originating from Customer’s sphere of risk.

Sixfold remedies software defects at its option by providing a new version of its Service or by indicating reasonable ways to avoid the effects of the defect.

Defects must be notified via email with a comprehensible description of the error symptoms, as far as possible evidenced by written recordings, hard copies or other documents demonstrating the defects. The notification of the defect should enable Sixfold to reproduce the error.

In case of any modifications to the Services and/or the User Interface by Customer or any Third Party acting on its behalf, any warranty claims are excluded, unless Customer proves that such modification had no influence on the defect. Sixfold is not liable for any defects, which are caused by improper use or operation by Customer, or the use of unsuitable means of operation.

If the cause of the defect is not obvious to Customer, Sixfold will investigate the cause. Sixfold may demand compensation for such investigation on the basis of its hourly rates valid at the time of the investigation if Sixfold is not responsible for the defect, in particular, if the defect is due to Customer’s usage of unsuitable hardware or externally obtained components, or to Customer’s interference.

Sixfold is not a party to the contracts between Customer and Customer’s contractual partners. Sixfold is not responsible for the provision of any performance contractually agreed between them or for the provision of any consideration.

Sixfold is not responsible for the accuracy and correctness of the information that is submitted via the Data Sources. Sixfold is solely and exclusively responsible for the accurate transmission of the data based on the provided information via the Data Sources.

Sixfold gives no warranty as to the reliability of other Users.

ESSENTIALLY,

Sixfold garantiert die Nutzung der Dienstleistungen wie in dieser Vereinbarung angegeben.
Sixfold haftet nicht für Mängel, die durch unsachgemäßen Gebrauch verursacht werden.

Customer has the possibility to access the User Interface at any time with exception to

• a. normal maintenance work which is necessary to keep the system up to date,
• b. any updates or upgrades or
• c. any other events such as intrusion, unauthorized misuse of the Services or governmental requests

which necessarily lead to temporary interruption of the Services.

ESSENTIALLY,

Sie können unsere Benutzeroberfläche fast jederzeit nutzen.

Insofar as not otherwise provided for herein, including the following provisions, Sixfold shall be liable according to the relevant statutory provisions in case of a breach of contractual and non-contractual duties.

Sixfold shall be liable for damages — irrespective for what legal grounds — in case of willful intent and gross negligence. With slight negligence, Sixfold shall only be liable

• a. for damages from the injury to life, body or health and
• b. for damages from the breach of a material contractual duty (i.e. those duties whose fulfilment is required in order to allow the contract to be duly performed and in relation to which Customer is entitled to regularly rely on for Services); in this case Sixfold’s liability is, however, limited to the reimbursement of the reasonably foreseeable, typically occurring damages.

Customer is aware that Sixfold has not created the data received by the Data Sources. Therefore, Sixfold is not liable for such data, their legality, completeness, accuracy or up-to-date nature, nor is Sixfold liable for such being free of any Third Party’s intellectual property rights. Any liability in accordance with §§7 et seq. Telemedia Act (“TMG”) remains unaffected.

The liability restrictions which can be derived from the preceding paragraphs of this section shall not apply insofar as Sixfold has maliciously failed to disclose a defect or has assumed a guarantee for the condition of the Services. The same shall apply to claims of Customer according to the Product Liability Act (Produkthaftungsgesetz).

Liability for loss of data is limited to the normal recovery expenses that would result in the event of regular appropriate backup copies being made by Customer. Customer’s duty to mitigate damages remains unaffected.

To the extent Sixfold’s liability for damages is excluded or limited, this shall also apply with regard to the personal liability for damages of its representatives, employees and other vicarious agents.

ESSENTIALLY,

Die Haftung von Sixfold ist auf die aufgeführten Punkte beschränkt.

Customer authorizes regular reviews of its data on the part of Sixfold with regard to the applicable and valid sanctions lists, anti-terror regulations and other national and international embargo and trade control rules. This authorization is necessary to facilitate a legally compliant business relationship. Sixfold is obligated to follow all applicable data protection regulations in this regard. Customer hereby declares that its company and employees are not named on the aforementioned sanctions lists. Moreover, Customer is obligated to take suitable measures to ensure that compliance within its company with anti-terror regulations and other national and international embargo and trade control rules is guaranteed. Customer must also inform Sixfold immediately via e-mail in the event of any positive results discovered when reviewing the aforementioned sanctions lists.

Customer agrees to comply with all applicable anti-corruption regulations in connection with the execution of this Carrier Service Agreement. Customer will inform Sixfold immediately in the event of knowledge or suspicion of corruption cases that are in relation to this Carrier Service Agreement.

When using the User Interface, Customer shall refrain from any practices relating to corruption or bribery and may not, either directly or through intermediaries offer, promise, demand or accept any personal or improper financial or other advantage that has the ability to influence decision-making or to create a conflict of interest.

ESSENTIALLY,

Beide Parteien haben geeignete Maßnahmen zu ergreifen, um die Einhaltung geltender Gesetze und Vorschriften sicherzustellen.

Customer is liable in case of any claims by Third Parties for damages incurred by such Third Parties in connection with Customer’s usage of the User Interface.
Customer agrees to indemnify, defend, release, and hold Sixfold, and Sixfold’s partners, licensors, affiliates, contractors, officers, directors, employees, representatives and agents, harmless, from and against any third party claims, damages (actual and/or consequential), actions, proceedings, demands, losses, liabilities, costs and expenses (including reasonable legal fees) suffered or reasonably incurred by Sixfold arising as a result of, or in connection with:

• a. any negligent acts, omissions or willful misconduct by Customer;
• b. any breach of this Agreement by Customer; and/or
• c. Customer’s violation of any law including but not limited to data protections laws or of any rights of any third party.

In the event Sixfold seeks indemnification from Customer according to this Section, Sixfold will give Customer prompt written notice. Sixfold is entitled to engage counsel and to control any proceeding necessary to safeguard its rights.

Sixfold will indemnify Customer against any liability arising out of or relating to claims by Third Parties for damages incurred by such Third Parties alleging that Customer’s usage of the Services infringes Third Party’s intellectual property rights. Customer will give Sixfold prompt written notice of such claim and will provide information, reasonable assistance as well as the sole authority to defend or settle such claim.

Sixfold may, at its reasonable discretion, (i) obtain for Customer the right to continue using the Services, (ii) replace or modify the Services so that they become non-infringing; or (iii) cease to provide the Services and reimburse Customer for reasonable expenses resulting therefrom.

Sixfold will have no obligation to indemnify Customer if Customer agrees to settle any claim without the prior written consent of Sixfold.

ESSENTIALLY,

Sie sind haftbar im Falle von Schadenersatzansprüchen, die Ihnen oder Dritten im Zusammenhang mit der Nutzung unserer Benutzeroberfläche entstehen.

Each Party may terminate this Agreement at any time subject to a thirty (30) days notice period to the end of the calendar month (termination for convenience). In this case the access granted to Customer by Sixfold can be revoked independently.

In addition to the termination for convenience Sixfold may terminate this Agreement for good cause, effective upon written notice to Customer, if Customer breaches the obligations as stipulated in Conduct on the User Interface in Section IV and/or Compliance in Section V below. Any further rights of the Parties to terminate this Agreement for good cause remain unaffected. In case of termination for good cause, Sixfold reserves the right to block Customer’s access immediately.

Upon termination of this Agreement, the right to access the User Interface and the Data Sources expire.

ESSENTIALLY,

Jede Partei kann diese Vereinbarung jederzeit unter Einhaltung einer Kündigungsfrist kündigen.

Sixfold to use the name of Customer as well as Customer’s logo for reference purposes in external communications and commercial material, in particular, on
Sixfold’s website, homepage and its official social media channels, targeted email campaigns, as well as folders and brochures, websites. Hereunto Customer grants Sixfold a simple, non transferable, revocable right to use its name and logo. Any further usage will be agreed with Customer in advance.

ESSENTIALLY,

Sixfold kann Ihren Namen und Ihr Logo als Referenz auf seiner Website, in offiziellen Social-Media-Kanälen und in anderen offiziellen Marketingmaterialien verwenden.

(This Carrier Service Agreement shall be exclusively governed by and construed in accordance with the substantive laws of Germany to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG).

The place of performance for delivery and payment of the Services is the seat of Sixfold, Germany.

The place of jurisdiction for any legal disputes and proceedings arising out of or in connection with this Agreement, shall be at the seat of Sixfold. Sixfold retains the right to sue Customer in the general court of jurisdiction of Customer.

ESSENTIALLY,

Im Falle von Rechtsstreitigkeiten ist der Gerichtsstand der Sitz von Sixfold.

If any individual provision of this Carrier Service Agreement is or becomes ineffective in part or in whole, this does not affect the validity of the remaining provisions.

The Parties will replace any ineffective provision by the legally valid provision that most closely achieves the commercial objective of the ineffective provision. The same applies correspondingly in the event of any omission.

Dies ist Ihre vollständige und endgültige Vereinbarung mit Sixfold.

(1) Assignment

Customer is not entitled to assign any of the rights and obligations of this Carrier Service Agreement without prior written approval of Sixfold.

(2) Notice

Customer makes all legally relevant declarations in connection with this Carrier Service Agreement via e-mail. Sixfold makes such declarations to the e-mail address of Customer’s authorized signatory or by post. Customer will keep its Contract Data up to date and notify Sixfold of any changes without undue delay.

(3) Changes

Sixfold is entitled to make changes of this Carrier Service Agreement as well as any other conditions if these become necessary due to new technical developments, changes in the law, extensions to Services or other comparable compelling reasons. If a change disrupts the contractual balance between the Parties substantially, such will not come into force.

Sixfold will inform Customer of any changes according to this clause fourteen (14) days before such changes become effective. If Customer does not declare its disagreement within the aforementioned period, Customer will be deemed to have accepted the changes.

If Customer declares its disagreement with the changes, Customer will have the right to extraordinary termination of this Carrier Service Agreement from the date on which the changes were due to come into force. Notice of this termination must reach Sixfold by this date at the latest.

ESSENTIALLY,

Für Sie ist die Nutzung von Sixfold kostenlos. Wir aktualisieren die Dienstleistung laufend, einige der hier erwähnten Funktionen sind zur Zeit noch nicht verfügbar.

(4) Entire Agreement

This Carrier Service Agreement constitutes the entire agreement between the Parties and supersedes all prior negotiations, representations or agreements, either oral or written, related hereto. Sixfold does not recognize any deviating conditions set out by Customer.

ESSENTIALLY,

Dies ist Ihre vollständige und endgültige Vereinbarung mit Sixfold.

• Access Data — Credentials such as, but not limited to, user name, e-mail address or passwords in relation to the User Interface and in relation to the Data Sources
  
• API — Application programming interface
• Carrier — Company which receives a transport order from a Shipper and is responsible for carrying it out; Carrier includes, but is not limited to, a supplier of the Shipper
• Confidential Information — Non-public information furnished to the Receiving Party by the Disclosing Party, including but not limited to the Access Data, data stored on the Platforms, data relating to other companies, orders and bids, trade and industrial secrets, processes, proprietary data, financial and/or operational information or documentation related thereto or related to any pricing or product information
• Contract Data — Company name, address as well as authorized signatory including name, surname, e-mail and job title
• Customer — The Carrier entering into this agreement with Sixfold
• Data Source — Telematics platform, mobile app or TMS system, including the server(s) for web-aided telematics applications that record the telematics data of Customer’s vehicles like trucks or trailers
  
• Data Subject — Identified or identifiable natural person
• Disclosing Party — Party disclosing the Confidential Information
• Effective Date — Date upon which this Carrier Service Agreement enters into force
• Establishment — Branch, agency or any other establishment of Customer that implies the effective and real exercise of activity through stable arrangements
• EU Model Clauses — SET II Standard contractual clauses for the transfer of personal data from the Community to third countries (controller to controller transfers)
• Goods Recipient — Party to whom Carrier transports the goods, whereas Goods Recipient might as well be the Shipper
• Intellectual Property — Patents, designs, models, drawings, copyrights, software rights, database rights, trade marks, services marks, know-how, web domain names, trade names and in general all rights of a same or similar nature, anywhere in the world including all extensions, reversions, revivals and renewals thereof
• Participants of the Supply Chain — Carrier, Shipper, Supplier and Goods Recipients
• Partner — Any transport management software or logistics platform that is used by Shippers, partners with Sixfold and is sending transport orders to Customer
• Party — Customer and/or Sixfold
• User Interface — Sixfold User Interface
• Receiving Party — Party receiving the Confidential Information
• Services — Services provided by Sixfold
• Shipper — Producer, distributor or recipient of goods on behalf of whom Carrier carries out a transport
• Supplier — Company from which the Shipper orders the goods, which Customer delivers
• Third Party — Each person or entity other than Customer or Sixfold
• User — Company or person using Sixfold’s Services

ESSENTIALLY