Terms and conditions

Part A — General provisions

§ 1 Scope, definitions

(1) These General Terms and Conditions ("Terms") apply to all contracts for the provision of mobile vehicle and fleet services and for the use of the FleetFeat platform as software (Part C) concluded via the platform of FleetFeat GmbH (Bullachstraße 30, 82256 Fürstenfeldbruck, Amtsgericht München, HRB 315048, "fleetfeat") — available at fleetfeat.de and via associated web and app interfaces.

(2) fleetfeat's offer is directed exclusively at entrepreneurs within the meaning of Section 14 BGB (German Civil Code), legal entities under public law and special funds under public law ("Customer"). By booking or ordering, the Customer confirms that it is acting in the exercise of its commercial or independent professional activity. Special provisions for consumers are set out in § 14.

(3) These Terms apply exclusively. Deviating, conflicting or supplementary terms of the Customer do not become part of the contract unless fleetfeat expressly agrees to their validity in text form. This also applies if fleetfeat performs without reservation in the knowledge of such terms. Employees and sales partners of fleetfeat are not authorised to make commitments that deviate from these Terms; deviations apply only if they are recorded in the offer or in an individual agreement in text form, naming the provision that is changed.

(4) Definitions: Platform = the web and app environment operated by fleetfeat; Software = the Platform in its function as fleet management software under Part C; Customer = the client (entrepreneur); User = a natural person who uses the Platform on behalf of the Customer; Service provider = a subcontractor vetted and engaged by fleetfeat who performs the Services as fleetfeat's vicarious agent; Service = the booked vehicle or fleet service (e.g. cleaning, detailing); Customer Data = all data and documents that the Customer or its Users enter into or upload to the Platform, and the records created for its vehicles and orders.

§ 2 Roles and contractual structure

(1) fleetfeat is the Customer's contractual partner and service provider. The service contract is concluded exclusively between fleetfeat and the Customer. fleetfeat invoices the Customer for the full remuneration.

(2) fleetfeat performs the Services through carefully selected, vetted Service providers acting as subcontractors. No contractual relationship arises between the Customer and the Service provider. fleetfeat is responsible for the fault of its Service providers as for its own fault (Section 278 BGB), subject to the liability provisions in § 11.

(3) fleetfeat is entitled to select the performing Service provider according to availability, proximity and quality and — even after booking — to change it, provided this is reasonable for the Customer and the service remains unaffected. There is no entitlement to a specific Service provider.

§ 3 Use of the platform, registration, account

(1) Booking and use of the Software require a Platform account. When registering, the Customer provides truthful and complete information and keeps it up to date.

(2) Access credentials must be kept secret and protected against access by third parties. If misuse is suspected, the Customer informs fleetfeat without undue delay and changes its password.

(3) fleetfeat may refuse activation without stating reasons and may suspend accounts in the event of a well-founded suspicion of misuse or a material breach of contract.

§ 4 Conclusion of contract, booking process

(1) The presentation of the Services on the Platform does not constitute a binding offer but an invitation to submit an offer (invitatio ad offerendum).

(2) By submitting the booking ("book with obligation to pay" or similar), the Customer makes a binding offer to conclude a service contract at the prices displayed and accepts these Terms and confirms that it has taken note of the privacy policy.

(3) The contract is concluded only upon fleetfeat's booking or order confirmation (by email or on the Platform). A mere confirmation of receipt does not constitute acceptance. fleetfeat may accept an offer within 48 hours.

(4) Before submitting, the Customer can review and correct its entries. The contract text is stored in the customer account and can be retrieved there.

Part B — Mobile vehicle and fleet services

§ 5 Description and performance of services

(1) The scope and content of the Service result from the respective service description in the booking process (choice of service or package, vehicle class, condition and degree of soiling). Images and general descriptions are for illustration only and do not constitute a guarantee of quality.

(2) Services are performed on a mobile basis by the Service provider at the agreed location and time. fleetfeat owes professional and careful performance in accordance with the usual standard of mobile vehicle detailing; technical limits (e.g. pre-existing damage that cannot be removed, burnt-in contamination) do not constitute a defect.

(3) Where the Service includes a result-oriented component (contract for work, e.g. detailing), § 9 (acceptance) applies. Pure activity-based services are subject to the law on service contracts.

§ 6 Prices, travel, VAT

(1) All prices are net prices in euros plus the statutory VAT applicable at the time. The prices displayed at the time of booking are decisive.

(2) Travel costs — where incurred — are charged additionally according to the scale displayed in the booking process.

(3) Surcharges for soiling or condition (e.g. heavy soiling, pet hair) are charged in accordance with the rules displayed at the time of booking. If the actual condition on site differs considerably, fleetfeat may demand a reasonable surcharge communicated in advance or adjust the service by mutual agreement.

(4) Price changes do not affect bookings that have already been confirmed.

§ 7 Payment, default

(1) fleetfeat invoices the Customer for the full remuneration. Payment is made via the payment methods provided on the Platform or — for B2B framework customers — by invoice with a payment term of 7 days from the invoice date without deduction. § 25 applies to the Software.

(2) In the event of default in payment, fleetfeat is entitled to demand default interest at the statutory rate (Section 288 (2) BGB: 9 percentage points above the base interest rate for claims for payment against entrepreneurs) and the lump sum under Section 288 (5) BGB (EUR 40). The assertion of further damage caused by default remains unaffected.

(3) The Customer is entitled to rights of set-off and retention only if its counterclaims are undisputed or have been finally established by a court or are based on the same contractual relationship.

§ 8 Appointments, travel, service levels, cooperation

(1) Agreed appointments are planned appointments unless expressly designated as fixed appointments. fleetfeat endeavours to perform punctually within the agreed time window.

(2) Specific service levels (response and completion times, availability, reporting) result from the service level agreement (Annex 1), insofar as it has been agreed with the Customer, or from a separate framework agreement. In the event of conflict, the separate agreement and then Annex 1 take precedence over these Terms.

(3) Customer's duties to cooperate: The Customer ensures that the vehicle is freely accessible at the agreed location at the agreed time (sufficient space to walk all around it); that the necessary keys or means of access are provided and the vehicle has been cleared of valuables and loose items; that access to the interior is possible for interior cleaning; that, where required for the Service, a power and/or water connection is available (requested in advance); and that, for underground car parks or third-party premises, the permission of the person entitled to dispose of them has been obtained.

(4) Waiting time / no-show: If the Service cannot be performed for reasons for which the Customer is responsible (vehicle cannot be found or accessed, cooperation is missing, waiting time exceeds 30 minutes), fleetfeat is entitled to charge the agreed remuneration and the travel costs; saved expenses are credited.

§ 9 Photo evidence, documentation, acceptance

(1) fleetfeat generally documents the Service by photo evidence (proof of service) and makes this documentation available to the Customer via the Platform (vehicle record).

(2) Where elements of a contract for work apply, the Service is deemed accepted if the Customer confirms it on site or does not raise a complaint in text form within 24 hours after the proof of service has been made available. The Customer is informed of this effect separately. Insignificant defects do not entitle the Customer to refuse acceptance.

§ 10 Cancellation, rescheduling (B2B)

(1) The Customer can cancel or reschedule a booking via the Platform. The time at which the notice is received in relation to the start of the appointment is decisive:

• more than 48 hours before the start of the appointment: no charge;
• 24 to 48 hours before: 50% of the net remuneration;
• less than 24 hours before / no-show (§ 8 (4)): 100% of the net remuneration.

(2) The Customer remains entitled to prove that no damage or significantly less damage has been incurred; in that case the fee is reduced accordingly. Saved expenses are credited.

(3) Rescheduling at no charge is possible up to 48 hours before the start of the appointment; thereafter the rates in paragraph 1 apply accordingly.

(4) fleetfeat may cancel a booking if performance is impossible or unreasonable for reasons for which fleetfeat is not responsible (e.g. unsuitable weather for outdoor services, force majeure, failure of the Service provider without replacement). In this case, amounts already paid for the service not performed are refunded; further claims of the Customer do not exist, subject to § 11.

§ 11 Liability and limitation of liability

(1) fleetfeat is liable without limitation for intent and gross negligence, for culpable injury to life, body or health, for fraudulent intent, within the scope of guarantees assumed and under mandatory law (in particular the German Product Liability Act).

(2) In the event of simple negligence, fleetfeat is liable only for breach of a material contractual obligation (cardinal obligation) — i.e. an obligation whose fulfilment makes the proper performance of the contract possible in the first place and on whose fulfilment the Customer regularly relies. In this case, liability is limited to the foreseeable damage typical of the contract.

(3) Otherwise, fleetfeat's liability is excluded. In particular, fleetfeat is not liable for indirect damage, lost profit or loss of use unless paragraph 1 applies.

(4) Damage to the vehicle: fleetfeat is liable for damage culpably caused to the vehicle by fleetfeat or its Service providers in the course of performing the Service in accordance with paragraphs 1–3. fleetfeat contractually obliges its Service providers to maintain their own adequate insurance cover (see service provider terms). Existing prior or old damage, customary effects that are unavoidable in the process and concealed prior damage are excluded from liability unless culpably caused; the documented condition before the start of the Service (photo evidence) is decisive for this.

(5) The limitations of liability also apply in favour of fleetfeat's legal representatives, employees, vicarious agents and Service providers.

(6) The above provisions do not change the burden of proof to the detriment of the Customer.

§ 12 Warranty / defects

(1) If the Service is defective, the Customer may demand subsequent performance (repeated or rectified performance). fleetfeat is entitled to choose the type of subsequent performance.

(2) The Customer notifies obvious defects without undue delay, at the latest within 24 hours after the Service or after the proof of service has been made available, in text form (§ 9 (2)); until inspection, the condition complained of should be preserved as far as possible. Otherwise the statutory provisions apply, provided that Section 377 HGB (German Commercial Code: duty to inspect and give notice of defects) applies to entrepreneurs where relevant.

(3) Claims for damages due to defects are governed by § 11.

§ 13 Force majeure

(1) If fleetfeat is prevented from performing by force majeure or unforeseeable events for which fleetfeat is not responsible (e.g. natural events, strikes, official measures, failure of upstream supplies, extreme weather, epidemics and pandemics, denial-of-service attacks, failure of third-party hosting, network or communication services), the affected obligations are suspended for the duration and to the extent of the disruption. Agreed deadlines are extended by the duration of the disruption plus a reasonable start-up period. For Services, a replacement appointment is offered. No claim for damages arises from this.

(2) The affected party informs the other party without undue delay of the reason for and expected duration of the disruption.

§ 14 Special provisions for consumers

In their present version, these Terms apply exclusively to business dealings with entrepreneurs (B2B). Consumer-specific provisions (in particular the right of withdrawal, instructions on withdrawal, compensation for loss in value and the model withdrawal form) are not applicable in this version. Should fleetfeat open its offer to consumers in future, the corresponding provisions will be added and separately incorporated before opening to B2C.

§ 15 Data protection

(1) fleetfeat processes personal data in accordance with the GDPR and the separately published privacy policy (available at fleetfeat.de/datenschutz). The privacy policy provides information on the type, scope and purpose of the processing and on the rights of data subjects.

(2) Insofar as fleetfeat processes personal data on behalf of the Customer, in particular data of the Customer's employees and drivers in the Software, the data processing agreement pursuant to Art. 28 GDPR applies (Annex 3, § 31).

§ 16 Term and termination of service and maintenance plans

(1) For recurring service or maintenance plans (subscription or interval), the term agreed in the respective plan applies. Unless otherwise agreed, the term is 12 months, renewed for a further 12 months each time unless terminated with 3 months' notice to the end of the term.

(2) The right to extraordinary termination for good cause remains unaffected. Terminations must be made in text form.

(3) § 24 applies to the term and termination of the Software.

§ 17 Rights to software, content and Customer Data

(1) All rights to the Platform, the Software, its layouts, report templates, trademarks and logos belong to fleetfeat.

(2) All rights to Customer Data belong to the Customer. This includes the data and documents entered or uploaded by the Customer or its Users and the records created for its vehicles and orders (photo evidence, handover protocols, damage reports, logbook and audit exports). The Customer may use them for its own purposes without time limit and pass them on to third parties, in particular to lessors, insurers, authorities, auditors and advisers.

(3) fleetfeat may use and retain photo evidence and service documentation for purposes of evidence, billing and quality assurance and for the defence against claims. Publication or use for advertising purposes requires the Customer's consent.

(4) Insofar as the Customer provides fleetfeat with its own content (e.g. logos, trademarks, images), it grants fleetfeat a simple right of use, limited in time to the term of the contract, to use this content for the performance of the contract.

(5) The Customer warrants that it holds the necessary rights to the content provided and that the content does not infringe the rights of third parties.

§ 18 Right to amend

fleetfeat may amend these Terms with effect for the future, provided that the amendment does not materially shift the balance between performance and consideration to the detriment of the Customer and is reasonable for the Customer. Amendments are communicated to the Customer in text form at least six weeks before they take effect. If the Customer does not object in text form before they take effect, the amendments are deemed accepted; fleetfeat points this out and the significance of silence separately in the notification. If the Customer objects in due time, the previous Terms continue to apply; in this case fleetfeat may terminate the contractual relationship with ordinary notice as of the effective date.

§ 19 Final provisions

(1) The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

(2) The exclusive place of jurisdiction for all disputes arising from or in connection with the contractual relationship is Munich, insofar as the Customer is a merchant, a legal entity under public law or a special fund under public law. fleetfeat is also entitled to sue at the Customer's general place of jurisdiction.

(3) Amendments and supplements must be made in text form; this also applies to any waiver of the text form requirement.

(4) Severability: Should individual provisions of these Terms be or become invalid in whole or in part, the validity of the remaining provisions remains unaffected. The statutory provisions take the place of invalid provisions.

(5) These Terms are available in German and English; in the event of discrepancies, the German version prevails. Part C (§§ 20–31) and the annexes form part of these Terms; this § 19 applies to the entire contract.

(6) Annexes: Annex 2 — Switching agreement pursuant to Art. 23–31 Data Act (fleetfeat.de/wechsel) · Annex 3 — Data processing agreement pursuant to Art. 28 GDPR (fleetfeat.de/avv). Availability commitments and service levels apply only insofar as they have been agreed separately in text form.

Part C — Use of the FleetFeat platform as software

§ 20 Subject matter, conclusion of contract, order of precedence

(1) fleetfeat provides the Customer with the FleetFeat platform with the modules vehicle record, deadlines, logbook, damage, fines, costs, receipts, drivers and booking ("Software") as software-as-a-service via the internet. The scope of functions results from the service description in the offer or on fleetfeat.de at the time the contract is concluded.

(2) Presentations of the Software on the website and offers from fleetfeat are non-binding. By clicking "Place order with obligation to pay", the Customer makes a binding offer. The contract is concluded with our order confirmation by email, at the latest when the software modules are activated. Customers who only book Services do not conclude a software contract; the software modules remain locked for them.

(3) §§ 1–4, 7, 11, 13–15 and 17–19 as well as §§ 20–31 apply to the Software. §§ 5–6, 8–10, 12 and 16 apply to booked Services. Annex 1 (service levels, insofar as agreed), Annex 2 (switching agreement) and Annex 3 (data processing) form part of the contract. In the event of contradictions: individual agreement and offer take precedence over the annexes, which take precedence over these Terms.

(4) If the Customer orders further modules or services, the version of these Terms valid at the time of the order applies.

§ 21 Right of use, intellectual property

(1) fleetfeat grants the Customer, for the term of the contract, the non-exclusive, non-transferable and non-sublicensable right to use the Software to the agreed extent for its own business purposes. All rights to the Software, including future configurations, adaptations and further developments — even insofar as they are based on feedback from the Customer or its Users — remain with fleetfeat.

(2) The Customer may not copy, decompile or modify the Software, may not use fleetfeat's trademarks or logos and may not remove copyright and origin notices in the Software and in generated reports. Section 69e UrhG (German Copyright Act) remains unaffected.

(3) Rights to Customer Data are governed by § 17 (2).

§ 22 Customer account, Users, access credentials

(1) Use requires a customer account (§ 3). The Customer creates Users, assigns roles and permissions and can deactivate Users at any time. Users are natural persons acting on behalf of the Customer (employees, drivers, engaged third parties).

(2) Each User accepts the terms of use for Users (fleetfeat.de/nutzungsbedingungen) when logging in for the first time. In the event of material changes, fleetfeat asks the Users to consent again. The Customer ensures that its Users comply with the terms of use.

(3) Each User uses their own access. Shared access is not permitted because it cancels out the evidential value of the vehicle record (change log, logbook, driver history). The Customer keeps access credentials secure and reports misuse without undue delay.

(4) Users with administrator rights are deemed authorised vis-à-vis fleetfeat to issue instructions on the processing of personal data (Annex 3 § 3).

(5) Use requires an internet connection with sufficient bandwidth and an up-to-date browser; for driver functions (photo evidence, driving licence check, damage report, mileage) a smartphone with camera and an email address or mobile phone number. The Customer provides these means.

§ 23 Start of paid use, data after the end of the contract

(1) Paid use of the Software begins with the Customer's order in the Software.

(2) During the term, the Customer can export its Customer Data itself at any time in common, machine-readable formats (CSV/Excel, JSON, PDF; audit exports in accordance with GoBD). After the end of the contract, the Customer receives read access for export purposes for 30 days; no request is required. fleetfeat does not charge any remuneration for the export. Switching assistance is governed by Annex 2.

(3) 30 days after the end of the contract, fleetfeat deletes the Customer Data in accordance with its deletion concept, unless a statutory retention obligation of fleetfeat prevents this; Annex 3 § 11 remains unaffected.

(4) For receipts, vehicle and fine documents that the Customer stores in the Software, the Customer remains solely responsible, during the term and thereafter, for fulfilling its retention obligations under tax and commercial law (in particular Sections 146, 147 AO, Section 257 HGB, Section 14b UStG). Storage in the Software is a working copy; it does not replace the Customer's archive, and fleetfeat assumes no retention obligation of its own for these documents and no warranty that they will be recognised by the tax authorities. The Customer keeps originals or regularly backs up the documents in its own archive; the export functions under paragraph 2 are available for this purpose. § 29 (2) applies to the logbook kept in the Software; the Customer exports the audit export before the end of the contract and retains it itself.

§ 24 Term, termination

(1) The software contract begins with activation, runs for an indefinite period and can be terminated by either party with one month's notice to the end of a calendar month in text form. Deviating terms from the offer take precedence.

(2) Price guarantees, in particular pilot prices for a fixed period, bind fleetfeat to the price, not the Customer to the term.

(3) The right to extraordinary termination for good cause remains unaffected. Good cause for fleetfeat exists in particular if the Customer is in default with two consecutive invoices due or fails to remedy a material breach of contract within 30 days despite being requested to do so.

(4) Upon the end of the contract, the right of use ends; outstanding remuneration becomes due. Booked Services and service plans (§ 16) remain unaffected by the termination of the Software unless otherwise agreed.

(5) If the Customer switches to another provider or to its own infrastructure, Annex 2 applies.

§ 25 Remuneration, billing, payment, suspension

(1) For the Software, the Customer pays the software usage fee per vehicle and calendar month. Its amount results from the offer or the price list published on fleetfeat.de at the time of the order. The number of vehicles recorded as active in the Software on the last calendar day of the billing month is decisive; archived vehicles are not counted. The obligation to pay begins with the calendar month following the month in which the contract was concluded.

(2) Billing is monthly in arrears. Invoices are transmitted electronically (e-invoice in accordance with EN 16931 or PDF). The Customer keeps its invoice email address up to date; it bears the costs of non-deliverability.

(3) If a SEPA direct debit mandate is granted, we collect amounts due and give notice of the collection at least one business day in advance. The Customer bears the costs of a return debit for which it is responsible. For payment by invoice, a payment term of 14 days applies. Default is governed by Section 286 BGB; § 7 (2) and (3) apply accordingly.

(4) In the event of default in payment, fleetfeat may suspend access in whole or in part after giving ten days' notice until the amounts due have been paid, unless the Customer has disputed the claim with good reason. The obligation to pay continues during the suspension. Export of Customer Data remains possible.

(5) Setup assistance is included in the price. It comprises the import of a vehicle list completed in full by the Customer (CSV template) and a live onboarding session of up to 60 minutes. The Customer is responsible for the accuracy of the data. Data migrations from third-party systems and further training are agreed separately.

(6) Customers without a registered office in Germany provide fleetfeat with a valid VAT identification number when the contract is concluded and keep it up to date; otherwise fleetfeat may charge the statutory VAT.

(7) Credits from price reductions or promotions are not transferable, cannot be paid out and expire at the end of the contract.

(8) The separate referral partner terms apply to referral partners.

§ 26 Price changes

(1) fleetfeat may change the software usage fee in text form with six weeks' notice to the end of a month. If the Customer does not object by the effective date, the new price applies; fleetfeat points this out in the notice. If the Customer objects, either party may terminate the software contract as of the effective date.

(2) Agreed price guarantees remain unaffected. Price changes do not apply to periods already paid for. Changes in the invoice amount due to a changed number of vehicles or additionally booked modules are not price changes within the meaning of this section.

§ 27 Availability, maintenance, support, further development

(1) fleetfeat operates the Software with reasonable care in accordance with industry standards. fleetfeat announces planned maintenance work with reasonable notice and, where possible, carries it out outside normal business hours. Availability commitments, response and resolution times and reductions in the event of shortfalls result from Annex 1, insofar as it has been agreed with the Customer.

(2) fleetfeat may interrupt access where this is necessary for compelling reasons, in particular in the event of attacks on data or systems or to remedy serious security vulnerabilities. fleetfeat informs the Customer without undue delay and restores use once the danger has been eliminated. Such interruptions are deemed excused unavailability within the meaning of Annex 1.

(3) fleetfeat is not responsible for disruptions based on networks, devices or services outside its sphere of influence, in particular on the Customer's internet access. Links to third-party websites are subject to their terms.

(4) Help articles and instructions are available to all Users. Personal support is provided by email to support@fleetfeat.de; service hours, response times and telephone support are governed by Annex 1, insofar as agreed.

(5) fleetfeat continuously develops the Software; the Customer always uses the current version. Changes that do not impair or that improve the agreed function are permitted at any time. If a material function is discontinued without replacement, the Customer may reclaim the remuneration attributable to the remaining paid period on a pro rata basis; both parties have a special right of termination in this respect.

§ 28 Customer obligations, Customer Data

(1) The Customer warrants that it has all consents, legal bases and, where required, works agreements needed for entering personal data of its employees and third parties into the Software. fleetfeat provides guidance and templates for this on the Platform and is not liable for the content of the Customer Data.

(2) The Customer and its Users may not use the Software to commit or promote legal violations, to store or distribute malware, to upload unlawful or harmful data, to intrude into systems, to corrupt data, to impair other customers, to infringe the rights of third parties, to send unsolicited advertising or to impair the functioning of the Software. The Customer ensures that its Users comply with these rules.

(3) The Customer is responsible for the accuracy and completeness of the data entered, in particular mileage, deadlines and driver assignments. The Software calculates due dates from the Customer's information; it does not replace the Customer's own review of statutory obligations.

§ 29 Usage data, logbook, evidence

(1) fleetfeat may evaluate technical usage data and aggregated, anonymised key figures for security, error analysis, improvement of the Software and for benchmarks. No inference to the Customer, its vehicles or persons is possible. fleetfeat processes personal data exclusively in accordance with Annex 3.

(2) The logbook module is based on the requirements of the tax authorities for electronic logbooks (locking of entries, change log, auditable export). There is no official certification of electronic logbooks; the tax office decides on recognition in each individual case. The Customer reviews and completes trips promptly, at the latest within seven days; later changes are logged and may jeopardise recognition. The Customer records the actual mileage of each vehicle regularly, at least twice a year and at every Service booked via fleetfeat.

(3) Photo evidence, handover protocols and damage reports document the recorded condition; they do not replace an expert report. The driving licence check documents a visual inspection by the Customer; the inspection itself and the keeper's obligations remain with the Customer.

§ 30 Confidentiality, assignment, survival

(1) Confidential information is all non-public business, product, technology and customer information that would reasonably be regarded as confidential by its nature or the circumstances of disclosure, in particular Customer Data. Excluded is information that is public without breach of duty, was already known to the recipient, was lawfully received from third parties or was developed independently.

(2) The receiving party uses confidential information only to perform the contract. It passes such information on only to persons who need to know it for this purpose and who are bound accordingly, and otherwise only on the basis of a statutory or official obligation or under Section 5 GeschGehG (German Trade Secrets Act). On request, confidential information is returned or deleted; statutory archiving obligations remain unaffected. The obligations apply for three years beyond the end of the contract.

(3) The Customer may assign rights under the contract only with fleetfeat's consent. fleetfeat may transfer the contract to an affiliated company or, in the course of a conversion, sale or takeover, to a legal successor if performance of the contract is not impaired as a result. fleetfeat may use subcontractors and remains responsible for them.

(4) Provisions which by their nature survive the end of the contract — in particular §§ 11, 17, 25, 30 and Annex 3 — continue to apply.

§ 31 Data processing, Data Act, data location

(1) Insofar as fleetfeat processes personal data on behalf of the Customer, the data processing agreement pursuant to Art. 28 GDPR applies (Annex 3, available at fleetfeat.de/avv). It becomes part of the contract when the contract is concluded; no separate signature is required. The Customer can download the annex, countersign it and send it to datenschutz@fleetfeat.de. The subcontractors used are listed at fleetfeat.de/dienstleister (Appendix 3 to Annex 3).

(2) The Customer's rights when switching to another data processing service or to its own infrastructure pursuant to Art. 23–31 of Regulation (EU) 2023/2854 (Data Act) are governed by Annex 2 (fleetfeat.de/wechsel). fleetfeat does not charge a fee for switching.

(3) Customer Data is stored in data centres in the European Union. Information on the providers used, the location of the infrastructure and the measures against unlawful access from third countries is available at fleetfeat.de/dienstleister.