Last Updated: 14th June 2026

1. Scope and Provider

1.1. Provider Identity

These General Terms and Conditions (GTC) apply to all contracts between:

Trade-EX
Email: cs@tradeex.eu
(hereinafter “Provider”)

and the users (hereinafter “Customers”) for the use of the GPS tracking service (hereinafter “Service”) via our website(s) or the associated mobile app.

1.2. Applicability to Consumers vs. Businesses

These GTC distinguish between:

  • Consumers – any natural person acting for purposes wholly outside their trade, business, or profession.
  • Business Customers – entrepreneurs, merchants, legal entities under public law, or special funds under public law.

Provisions specifically applicable only to Consumers or only to Business Customers are labeled accordingly. If no label is present, the provision applies to both.

1.3. Conflicting Terms

The Provider does not recognize any conflicting or deviating terms and conditions of the Customer unless the Provider has explicitly agreed to their validity in writing.

2. Conclusion of Contract and Customer Account

(1) The presentation of the services on the Provider’s website does not constitute a legally binding offer but an invitation to submit an offer (invitatio ad offerendum).

(2) The contract is concluded when the Customer selects a paid subscription, completes the registration process, and submits a binding offer by clicking the corresponding button (e.g., “Buy Now” or “Order with Obligation to Pay”). The Provider accepts this offer by sending an explicit confirmation email containing the order details again (declaration of acceptance).

(3) The Customer is obligated to provide truthful and complete information during registration and to keep this information up to date. Access to the Service requires the creation of a customer account with individual login credentials.

(4) The Customer is responsible for keeping their login credentials confidential and must inform the Provider immediately if unauthorized use is suspected. The Customer is liable for damages resulting from a breach of this obligation.

3. Right of Withdrawal for Consumers (Mandatory EU Right)

Applicable only to Consumers.

3.1. Withdrawal Period

You have the right to withdraw from this contract within  14 days  without giving any reason.

The withdrawal period expires 14 days after the day the contract is concluded.

3.2. How to Withdraw

To exercise your right of withdrawal, you must inform us of your decision by a clear statement (e.g., letter sent by post, fax, or email). You may use the following model withdrawal form, but it is not obligatory:

Model Withdrawal Form

– To [Provider Name, Address, Email]:

– I/we () hereby give notice that I/we () withdraw from my/our (*) contract for the provision of the following service: GPS Tracking Service

– Ordered on () / received on ()

– Name of consumer(s)

– Address of consumer(s)

– Signature of consumer(s) (only if notified on paper)

– Date

(*) Delete as appropriate.

3.3. Consequences of Withdrawal

If you withdraw from this contract, we will reimburse all payments we have received from you without undue delay and no later than 14 days after we receive your withdrawal notice. We will use the same means of payment as you used for the original transaction.

3.4. Early Performance (Loss of Withdrawal Right)

If you expressly request that we begin providing the Service  during the 14-day withdrawal period  (e.g., by activating your account and accessing GPS tracking immediately), you acknowledge that:

  • You will lose your right to withdraw once the Service has been fully performed.
  • If you withdraw after the Service has partially begun, you will be required to pay a reasonable amount for the Service already provided, proportionate to what has been performed up to the time you notify us of withdrawal.

4. Services of the Provider and Contract Term

(1) The Provider grants the Customer access to its GPS tracking software platform for the contract term. The specific booked features (e.g., number of devices, data retention period) are defined by the selected tariff plan.

(2) Contract Term and Renewal:

  • For Consumers: The minimum contract term is 12 months. Thereafter, the contract will automatically renew for further periods of one month (not 12 months) unless terminated by the Customer with 30 days’ notice before the end of the then-current term.
  • For Business Customers: The minimum contract term is 12 months and will automatically renew for further 12-month periods unless terminated in writing (email suffices) with a notice period of 14 days before the end of the term.

(3) The Provider reserves the right to further develop and adapt the Service technically, provided that the essential contractually agreed services are not significantly impaired.

5. Prices, Payment Terms, and Default

(1) All prices are stated in Euro and are plus the statutory value-added tax (VAT).

(2) Payment of the monthly or annual fee is due in advance via direct debit, credit card, or bank transfer, unless otherwise agreed.

(3) In the event of payment default by the Customer, the Provider is entitled to temporarily suspend access to the Service after an unsuccessful reminder with a grace period of at least 14 days. Payment obligations continue during the suspension. Default interest is payable at the statutory rate pursuant to § 288 of the German Civil Code (BGB) – which for consumers is 5 percentage points, and for business customers 9 percentage points, above the base interest rate.

6. Customer Obligations and Misuse

(1) The Customer undertakes to use the Service only within the framework of applicable laws, in particular data protection law (GDPR, German Federal Data Protection Act – BDSG).

(2) It is strictly prohibited, in particular:

  • To track individuals without their explicit and informed consent (GDPR Article 7 and Article 9 – location data is considered special category data).
  • To track vehicles or objects in which the Customer has no legitimate interest (e.g., third-party vehicles without authorization).
  • To use the Service for criminal or illegal activities.

(3) In the event of violations of these obligations, the Provider is entitled to terminate the contract extraordinarily without notice. Claims for damages remain reserved.

7. Availability and Disruptions

(1) The Provider strives for an operational readiness (“uptime”) of 99.5% on an annual average. Excluded from this commitment are:

  • Scheduled maintenance (notified to Customers at least 48 hours in advance, performed where possible between 00:00 and 06:00 local time).
  • Force majeure.
  • Circumstances beyond the Provider’s control (e.g., mobile network outage, GPS satellite system failure, internet disruptions).

(2) The Customer acknowledges that the accuracy and availability of GPS signals can be affected by environmental factors (e.g., tunnels, tall buildings, dense tree cover, heavy rain, snow, cloud cover) and that the Provider assumes no liability for such inherent limitations of GPS technology.

8. Liability

(1) The Provider is fully liable without limitation for:

  • Intent or gross negligence on the part of the Provider or its legal representatives or vicarious agents.
  • Injury to life, body, or health.
  • Claims under the German Product Liability Act (Produkthaftungsgesetz).

(2) In cases of ordinary negligence, the Provider is liable only for the breach of essential contractual obligations (cardinal obligations – i.e., obligations whose fulfillment is essential for the proper performance of the contract and on which the Customer regularly relies). Liability is limited to the typical, foreseeable direct damage.

(3) The Provider assumes no liability for decisions the Customer makes based on data provided by the Service (e.g., in the context of fleet management, personnel deployment, or route planning).

(4) The above limitations of liability also apply to the personal liability of the Provider’s employees, representatives, and agents.

9. Data Protection and GDPR Compliance

(1) The collection and processing of personal data are carried out exclusively in accordance with applicable data protection laws and our separate, detailed Privacy Policy, which forms an integral part of these GTC.

9.1. GPS Tracking – Data Controller vs. Processor

The Customer acknowledges and agrees that:

  • The Service processes precise real-time and historical location data of tracked devices.
  • If the Customer tracks individuals, the Customer must obtain and maintain explicit, informed consent from each tracked individual in accordance with GDPR Article 7 and Article 9 (special category data – location data).
  • The Customer acts as an independent Data Controller  for the personal data of any tracked individuals. The Provider acts as a Data Processor (or sub-processor) under GDPR Article 28.
  • A separate Data Processing Agreement (DPA) will be signed by both parties upon request, as required by GDPR Article 28(3).

9.2. Indemnification

The Customer indemnifies and holds harmless the Provider against all claims, damages, fines, legal costs, and expenses arising from:

  • The Customer’s failure to obtain proper consent from tracked individuals.
  • The Customer’s violation of applicable data protection laws.
  • The Customer’s misuse of location data.

10. Copyright and Rights of Use

(1) The software, website, design, text, graphics, and all related content are protected by copyright and remain the exclusive property of the Provider or its licensors.

(2) The Customer is granted a simple, non-transferable, non-exclusive right to use the Service in accordance with these GTC for the contract term. Passing on access credentials or granting use to third parties is not permitted.

11. Changes to These GTC

(1) The Provider reserves the right to amend these GTC with effect for the future if the amendment is reasonable for the Customer, taking into account the interests of the Provider. This is particularly the case for changes that:

  • Do not affect essential contractual obligations.
  • Serve legal adaptation (e.g., changes in laws or case law).
  • Are due to technical innovations.
  • Are purely beneficial to the Customer.

(2) The Customer will be notified of planned changes by email at least  6 weeks  before their intended effective date. The changes shall be deemed approved if the Customer does not object in writing within  6 weeks  of receiving the notification. The notification will specifically inform the Customer of this legal consequence and their right to object.

(3) For Consumers: If the changes are unreasonable for the Consumer, the Consumer may terminate the contract free of charge with effect from the date the changes take effect.

12. Final Provisions

(1) Governing Law: The law of the Federal Republic of Germany shall apply, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). For Consumers who do not habitually reside in Germany, mandatory consumer protection provisions of their country of residence remain unaffected.

(2) Place of Performance and Legal Venue:

  • For Business Customers (merchants, legal entities under public law, or special funds under public law): The place of performance and exclusive legal venue for all disputes arising from this contractual relationship shall be the registered office of the Provider.
  • For Consumers: If the Provider is domiciled in Germany or the Consumer ordinarily resides in Germany, the exclusive legal venue is the Consumer’s place of residence. Otherwise, the statutory provisions of the Brussels Ibis Regulation (EU) No 1215/2012 apply.

(3) Severability Clause: Should any provision of these GTC be or become invalid or unenforceable, the validity of the remaining provisions shall not be affected. The parties undertake to replace an invalid provision with a valid one that comes as close as possible to the economic purpose of the invalid provision.

(4) Language: These GTC are drafted in German and English. In case of any conflict, the German version shall prevail.