Terms of Service

Tachogram - AS “Mapon”, reg. No. 40003800531, registered address Ojāra Vācieša iela 6B, Rīga, LV-1004, Latvia, which provides the Service to the Customer under the Agreement. Where the Customer has entered into a written agreement with a different Mapon group entity, or has been invoiced by a different Mapon group entity, “Tachogram” means that entity for the purposes of the Agreement.
Customer - the person or entity that has agreed to these Terms and that receives the Service.
End-User - an individual, such as a driver, who uses the Service on the Customer’s behalf or under the Customer’s Account, without being a party to the Agreement.
Service - the Tachogram tachograph-analysis software, provided as software-as-a-service through a web platform and a mobile application, as described on the Site.
Account - the Customer’s account within the Service, through which the Customer and its End-Users access the Service.
Customer Data - the data uploaded to or generated in the Service by or for the Customer, including digital tachograph, driver-card, and driver-activity data.

2.1. The Service is Tachogram’s software-as-a-service solution for digital tachograph and driver-card analysis, comprising data storage, analysis, and reporting functionality, accessed through the Account. The Service is provided on a software-only basis.
2.2. Tachogram may at any time modify, update, add to, reconfigure, discontinue, or otherwise change the Service, including its features and functionality, without prior notice to the Customer. This clause does not affect Tachogram’s right to change prices, which these Terms govern separately.
2.3. Tachogram owns all intellectual property rights in the Service and any related material Tachogram makes available to the Customer, including its software, website, mobile application, application programming interfaces, documentation, help centre content, and design and branding elements, whether or not expressly listed in the Agreement. During the term of the Agreement, the Customer receives a non-exclusive, revocable licence to use the Service in accordance with the Agreement, and no other right or licence.

3.1. The Customer, or an End-User the Customer authorises, accesses the Service using a username and password, or by signing in through a third-party account the Service supports. The Customer shall keep those credentials confidential and shall not disclose them to a third party.
3.2. An action taken through the Account binds the Customer, regardless of who performed it.
3.3. The Customer confirms that the data submitted to the Service, including digital tachograph and driver-card data, relates to the Customer’s own vehicles and drivers, and that it, and each End-User it authorises, is entitled to upload and process that data, and to transfer that data to Tachogram.
3.4. The Customer is responsible for the End-Users it authorises to access the Service and shall ensure that each End-User complies with the Agreement as if the End-User were the Customer. An End-User is not a party to the Agreement and has no independent right against Tachogram.

4.1. The Customer shall not, and shall ensure that no End-User does, misuse the Service or use it contrary to the Agreement, including by gaining unauthorised access to it, manipulating data on it, disrupting its operation, reverse engineering it, or engaging in similar conduct.
4.2. The Customer shall not provide a third party with access to the Service, or otherwise enable a third party to access it, without Tachogram’s prior written consent. This clause does not restrict an End-User’s use of the Service on the Customer’s behalf.
4.3. The Customer shall not use the Service, including its application programming interface, to transmit a virus, malware, or other harmful code, or to interfere with or disrupt the integrity, security, or performance of the Service or any system or network used to provide it.

5.1. The Customer shall pay Tachogram a fee for the Service, calculated per billing unit, being a driver or a vehicle. The price per billing unit is the price then published on the Site.
5.2. Tachogram charges the Customer the full monthly price for a billing unit for the calendar month in which it is added or removed, regardless of the date within that month on which this occurs.
5.3. The Customer pays for the Service either in advance, through a payment method it has added to its Account, or, where Tachogram agrees to invoice the Customer, in arrears.
5.4. Where the Customer pays in advance, it selects a period on the Site, and the Service automatically renews for a further period of the same length, at the price then published on the Site, unless the Customer has terminated the Agreement before the renewal date.
5.5. Where the Customer pays in arrears, Tachogram issues invoices to the Customer’s invoicing e-mail address, and the Customer shall pay each invoice within 15 days of its dispatch.
5.6. If the Customer delays a payment, the Customer pays interest of 15% per annum of the overdue amount, but not more than the maximum permitted by law, without prejudice to Tachogram’s other rights under the Agreement.
5.7. All fees are exclusive of VAT, which Tachogram adds as required by applicable law.
5.8. Tachogram may change its prices, payment terms, or introduce a new charge, at any time, without prior notice to the Customer. Changes take effect once published on the Site.
5.9. Where the Customer pays by payment card, Tachogram may store the card details, through a payment provider compliant with the Payment Card Industry Data Security Standard, to charge amounts due under the Agreement.
5.10. Tachogram may use account updater services that allow the Customer’s payment card provider to automatically update stored card details, for example after a change to the card number or expiry date. Tachogram does not guarantee that such updates occur, and the Customer remains responsible for keeping its payment method current.
5.11. The Customer confirms that it is entitled to use the payment method it provides to Tachogram, and is liable for any loss Tachogram incurs from unauthorised use of that payment method.
5.12. The Customer shall keep its billing information accurate and up to date.
5.13. If the Agreement terminates for any reason, or the Customer stops using the Service, before the end of a period for which the Customer has paid, the Customer is not entitled to a refund for the unused part of that period.

6.1. Tachogram may, from time to time, offer discounts, promotional offers, coupon codes, credits, or other special pricing arrangements, subject to any additional eligibility criteria, conditions, restrictions, validity periods, and usage requirements Tachogram states for them.
6.2. Unless Tachogram states otherwise, a discount or promotional offer cannot be combined with another discount, promotional offer, or special pricing arrangement.
6.3. Tachogram may reject, suspend, modify, withdraw, or terminate a discount, promotional offer, coupon code, credit, or special pricing arrangement if the applicable conditions are not met or are no longer met, or if it is abused, circumvented, or used contrary to its intended purpose.

7.1. The Agreement continues, and Tachogram provides the Service to the Customer until the Customer pays for the Service or the Agreement is terminated in accordance with this section. The Customer may terminate the Agreement at any time by deleting its Account.
7.2. Either Party may terminate the Agreement immediately by written notice if any of the following events occurs in relation to the other Party:
(a) the other Party engages in an activity that harms or is likely to harm the first Party;
(b) the other Party enters voluntary or compulsory liquidation, or reaches a composition with its creditors;
(c) the other Party is declared insolvent or becomes subject to insolvency proceedings;
(d) the other Party fails to comply with a law or regulation, or becomes subject to legal proceedings, in a way that may harm the first Party’s business or reputation;
(e) the other Party breaches the Agreement or applicable law and, if the breach is capable of remedy, does not remedy it within 10 days of notice requiring it to do so.
7.3. Tachogram may suspend the Service if the Customer wholly or partly fails to comply with any obligation under the Agreement, or delays a payment by 14 days or more. Tachogram resumes the Service once the Customer has remedied the non-compliance and notified Tachogram. The Customer remains liable for all charges that accrue during the suspension. If the Customer does not remedy the non-compliance within a reasonable period, the Agreement automatically terminates, and Tachogram may delete the Account.

8.1. In providing the Service, Tachogram processes personal data on the Customer’s behalf as a processor, in accordance with the GDPR. The terms governing personal data processing are set out in Tachogram's Data Processing Agreement, published on the Site, which forms part of the Agreement.
8.2. Tachogram’s handling of personal data, including data it collects from the Customer, End-Users, and other data subjects, is further described in Tachogram’s Privacy Policy, published on the Site.
8.3. The Customer is responsible for the accuracy, quality, and lawful basis of the data it or its End-Users upload to the Service, and for informing its drivers and other data subjects as required by law.

9.1. The Customer may export the Customer Data from the Service at any time during the Agreement, and for a reasonable period after its termination, in a structured, commonly used format. The Customer may export the Customer Data through Tachogram’s application programming interface or by downloading it from the Account.
9.2. Tachogram does not charge the Customer a fee for exporting Customer Data or for switching to another service provider, and does not otherwise restrict the Customer’s ability to do so, other than as reasonably required to protect the security or integrity of the Service.

10.1. Tachogram provides the Service on an “as is” basis and does not warrant that the Service will be uninterrupted or error-free, given the technical nature of software and data connectivity.
10.2. Tachogram is not liable for the accuracy of data the Service displays, to the extent the inaccuracy results from data the Customer or an End-User uploads, or from a fault in the Customer’s or an End-User’s equipment or connectivity.
10.3. Tachogram’s liability to the Customer under the Agreement is limited to direct loss caused by Tachogram’s wilful misconduct or gross negligence. Tachogram is not liable for indirect, incidental, or consequential loss, or loss of profit.
10.4. Tachogram’s total liability to the Customer under the Agreement, for an event or a series of connected events, does not exceed the fees the Customer paid to Tachogram in the 12 months before the event occurred.

11.1. Each Party shall not, whether directly or indirectly, breach the sanctions and trade compliance requirements to which it is subject, including those imposed by the European Union, the United Nations, or another competent authority.
11.2. If the Customer breaches the sanctions and trade compliance requirements, whether directly or indirectly, or performing the Agreement would expose Tachogram to a breach of those requirements, Tachogram may suspend the Service or, immediately and without liability, terminate the Agreement.

12.1. The Agreement is governed by the laws of the jurisdiction in which Tachogram, as defined in these Terms, is registered, and the courts of that jurisdiction have exclusive jurisdiction over a dispute arising out of it, including a dispute arising after its termination or expiration.
12.2. Where the Customer has entered into a written agreement with a different Mapon group entity, and it states different governing law or competent courts, that governing law and those courts apply instead.

13.1. The Customer shall keep confidential any technical or commercial information about the Service that Tachogram shares with the Customer, and shall not disclose that information to a third party without Tachogram’s prior written consent.
13.2. Neither Party is liable for a failure or delay in performance caused by an event beyond its reasonable control that it could not have foreseen or avoided, including a natural disaster, blockade, civil unrest, an export or import ban or restriction, a strike, the wrongful act of a third party, or a binding regulatory measure. Force majeure does not relieve either Party of an obligation to pay an amount that has fallen due.
13.3. Tachogram may assign the Agreement, in whole or in part, to another entity, including in connection with a merger, reorganisation, or sale of business. The Customer shall not assign the Agreement without Tachogram’s prior written consent.
13.4. A notice under the Agreement shall be sent:
(a) through the Account or by e-mail, deemed received on the next business day after dispatch;
(b) in person against signature, deemed received on delivery; or
(c) by registered letter, deemed received on the fifth business day after posting.
13.5. Tachogram may amend these Terms at any time by publishing the amended Terms on the Site. The amended Terms take effect once published, and the Customer’s continued use of the Service constitutes acceptance of them.  
13.6. If a provision of the Agreement is or becomes invalid or unenforceable, the remaining provisions continue in effect, and the Parties replace the invalid provision with one that achieves the same commercial purpose as closely as possible.
13.7. The Agreement is the entire agreement between the Parties regarding the Service, and supersedes any previous oral or written agreement between them on the same subject matter.
13.8. These Terms are made in English. Tachogram may provide translations of these Terms for convenience, and if a translation differs from the English version, the English version prevails.