Tachograph AI
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tachograph.ai Terms of Service

1. Parties and definitions

1.1. This Agreement is entered into between Has Korkmaz Teknoloji Ltd. Şti., Ferhatpaşa Mah. Seyitnizam Cd. No:3 D:4, Ataşehir, Istanbul, Turkey (Küçükyalı Tax Office, tax no. 4581613976) (the "Company") and the legal entity, or natural person carrying on a commercial activity, that registers for the Service (the "Customer").

1.2. The Agreement is deemed accepted when the checkbox is ticked at registration or when use of the Service begins. The person who accepts the Agreement on behalf of the Customer represents that they are authorised to bind the Customer.

1.3. Definitions:

  • Service: the tachograph.ai web application, mobile application, API, and the analysis, reporting and AI assistant features provided through them.
  • Tachograph Data: files downloaded from a driver card and a vehicle unit (.ddd, .c1b, .v1b and similar) and the records produced from them.
  • Customer Data: all data that the Customer or Authorised Users upload to or enter in the Service, including Tachograph Data.
  • Authorised User: an employee, driver or representative to whom the Customer grants access to the Account.
  • Plan: a Basic, Standard, Pro or Pro+ subscription level; the driver limit and monthly AI credit of each Plan are stated on the website.
  • AI Credit: the limited usage allowance of the AI assistant according to the Plan; the amount and the method of measurement are published on the website.
  • Infringement Analysis: the Service's automatic assessment of Tachograph Data against Regulation (EC) No 561/2006, Regulation (EU) No 165/2014 and the AETR rules.

2. Scope of the Service

2.1. The Company grants the Customer a non-exclusive, non-transferable right to use the Service within the Plan the Customer selects, limited to the term of the Agreement.

2.2. The Service includes: uploading, storing and reading Tachograph Data; calculation of driving, rest and working time; Infringement Analysis; display of vehicle events, faults and speed data; download and card-expiry reminders; reports and the AI assistant.

2.3. Driver limits, vehicle limits and AI Credit amounts for the Plans are published on the website. On the date of this Agreement the number of vehicles is unlimited on every Plan. The Company may change these limits at any time; a change applies to existing subscribers from the next renewal period.

2.4. Hardware such as card readers and remote-download devices is not included in the Service. Third-party integrations are subject to that third party's terms.

2.5. The Company may add, change or remove features, technical infrastructure, hosting providers and integrations of the Service at any time. The Company decides whether such changes are announced and by which channel.

3. Account, users and acceptable use

3.1. The Customer provides accurate and up-to-date information at registration. The Account administrator determines Authorised Users and their roles, including by location.

3.2. The Customer is responsible for keeping usernames and passwords confidential. Actions taken through the Account are attributed to the Customer. The Customer informs the Company without delay when unauthorised access is noticed.

3.3. The Customer and Authorised Users may not:

  • copy the software, reverse engineer it, or attempt to obtain the source code;
  • resell the Service or its outputs to third parties, or use them to develop a competing product;
  • overload the system with automated tools, or attempt to bypass security measures;
  • upload data obtained unlawfully or data over which they have no right;
  • use the Service to manipulate tachograph records or to conceal them from an inspection.

3.4. If these rules are breached, the Company may suspend access and terminate the Agreement under Clause 11.

3.5. The Company may refuse to provide the Service, or decline a registration, to any person or organisation without giving a reason.

3.6. The Customer uses the current version of the Service's web and mobile applications as provided by the Company. The Customer is responsible for errors, data loss and incorrect results arising from use of an older version.

4. Subscription, fees and payment

4.1. Trial. New Customers may be offered a free trial of [14] days. If no paid Plan is selected at the end of the trial, the Account is suspended and the data are kept for [30] days. If a Plan is selected within that period, the Service continues with the data from where it left off; at the end of the period the data are permanently deleted.

4.2. Plans. Plans, their contents and current prices are published on the website. Pricing for needs above 25 drivers is set separately.

4.3. Billing. Fees are collected in advance for the selected period (monthly or yearly) and renew automatically at the end of the period unless cancelled. Prices do not include VAT.

4.4. Payment intermediary. Payments are collected by Paddle as merchant of record; Paddle issues the invoice and handles tax. Paddle's buyer terms also apply to the payment.

4.5. Exceeding a limit. If the number of drivers exceeds the Plan limit, the Customer is invited to move to a higher Plan. The price difference at the time of the change is prorated for the remaining days.

4.6. AI Credit. The AI assistant is subject to a limited usage allowance according to the Plan. The allowance, the method of measurement, and the restrictions applied when the allowance is used up are published on the website and may be changed by the Company at any time. Unused allowance does not carry over to the next period.

4.7. Refunds. Refund requests are assessed by Paddle in accordance with the Refund Policy published on the website. Otherwise, no refunds are given for partial use or early cancellation of a prepaid period. Mandatory rights under applicable law remain unaffected.

4.8. Price changes. The Company may change prices and Plan contents at any time, without prior notice. A new price applies to new customers when it is published on the website, and to existing subscribers from the next renewal period. A Customer who continues to use the Service after renewal is deemed to have accepted the new price.

4.9. Late payment. If payment is not received, the Company may suspend the Service without notice. During suspension the data are kept for [30] days; if payment is made within that period, the Service continues with the data from where it left off. If payment is not made by the end of the period, the Agreement is deemed terminated and the data are permanently deleted.

4.10. No set-off. The Customer pays fees in full and may not set off, deduct or withhold any amount from the fees on the ground of any claim, objection or complaint.

5. Customer's obligations

5.1. All legal obligations arising from tachograph legislation belong to the Customer. This includes downloading driver cards at least every 28 days and vehicle units at least every 90 days, keeping the original files for the statutory period, and producing them at inspections.

5.2. The Service's reminders and reports are aids; they do not transfer the Customer's obligations to the Company.

5.3. The Customer is responsible for the data it uploads being complete, uncorrupted and belonging to the correct person or vehicle. Missing days, periods when a card was not inserted, or manual-entry errors affect analysis results.

5.4. The Customer undertakes that it has a valid legal basis to upload drivers' and other data subjects' data to the Service, and that it has given the required notices.

5.5. The Customer continues to keep its own backups of the original tachograph files. The Service should not be used as the only copy of the legal archive.

5.6. Data permanently deleted by the Customer or Authorised Users cannot be restored. Only the Customer is responsible for the consequences of deletion, including compliance with statutory retention periods.

6. Nature of the compliance analyses

6.1. The Service is provided for information only. Infringement Analysis, calculations, reports and the AI assistant's answers do not replace an official inspection decision, legal advice or the interpretation of a competent authority. The Company is not liable for incomplete, incorrect or wrong reports and calculations, or for decisions taken in reliance on them.

6.2. Inspection authorities may interpret the same data differently; how the rules are applied can vary by country and over time. The Company does not guarantee that analyses will produce the same result at every inspection.

6.3. The AI assistant may produce incorrect or incomplete answers. Before taking an important decision, the Customer checks the assistant's answer against the source data in the Service.

6.4. The Company tries to keep the analysis rules up to date, but does not undertake that changes in legislation will be reflected in the Service within a particular time, or that reported errors will be corrected within a particular time.

7. Service level and support

7.1. The Company makes reasonable efforts to keep the Service available 24 hours a day, 7 days a week; uninterrupted or error-free operation is not guaranteed.

7.2. The Company may pause the Service temporarily for planned or emergency maintenance. The Company decides whether maintenance is announced.

7.3. Support is provided via [email address], on business days between [09:00–18:00 CET]. Response times are targets, not commitments. Support languages: [Turkish, English, Polish, German, Romanian].

7.4. Complaints and objections about service quality are sent in writing to [email address], together with the Customer's details and the grounds.

8. Protection of personal data

8.1. With respect to personal data contained in Customer Data, the Customer is the controller and the Company is the processor. As an exception, the Company is the controller for the account, sign-in, billing and contact details of the Customer and its Authorised Users, Service access logs, and website and cookie data; this data is governed by the Privacy Policy published on the website. The GDPR / UK GDPR applies to Customers in the EU and the UK, and Turkish Law No. 6698 (KVKK) applies to Customers in Turkey. Detailed provisions are set out in the Data Processing Agreement (DPA) annexed to this Agreement.

8.2. The Company processes personal data contained in Customer Data only to provide the Service and in accordance with the Customer's instructions. Customer Data is not used for advertising purposes. Clause 9.3 applies to anonymised data.

8.3. The Company uses sub-processors to provide the Service. The categories of those sub-processors are: hosting and server services, AI services, payment and billing, email and communications, data and cyber security, analytics and technical support. Only the minimum data required for their services is transferred to sub-processors.

The Customer gives the Company general authorisation to use sub-processors and to change them. The current list of sub-processors is sent to the Customer on written request.

The Customer may object in writing to a sub-processor on justified grounds based on data-protection law. The parties then look for a solution that does not use that sub-processor; if no solution is found, the Customer's only right is to end the subscription under Clause 11.

8.4. Transfers outside the EU/United Kingdom are made under the European Commission's Standard Contractual Clauses (SCCs). Transfers from Türkiye abroad are made under the standard contract of the Personal Data Protection Board pursuant to Article 9 of the KVKK. The Customer cooperates in signing that contract and in the notification duties on its side.

8.5. The Company takes appropriate technical and organisational security measures. The Customer is informed without delay when a personal-data breach affecting the Service is noticed.

8.6. The Company gives reasonable assistance to the Customer in responding to data-subject requests (access, erasure, rectification and similar).

8.7. The Company may share Customer Data with the relevant authorities where a court order, legislation or a request from a competent public body so requires. Where legally possible, the Customer is told.

9. Intellectual property and Customer Data

9.1. All intellectual-property rights in the Service, including the software, source code, analysis engine, interface design, trade marks and logos, belong to the Company. The Agreement gives the Customer only the right of use in Clause 2.1.

9.2. Customer Data and reports taken from the Service belong to the Customer. The Customer may use those reports freely in its own operations and at inspections.

9.3. The Customer instructs the Company to anonymise Customer Data in accordance with applicable law (GDPR, KVKK). Anonymised data are aggregated so that they cannot directly or indirectly identify any natural person or the Customer. Those data belong to the Company and may be used without time limit, and shared with third parties, to develop the Service and for statistics, industry reports, marketing and other commercial purposes. This right continues after the Agreement ends.

9.4. Suggestions and feedback sent by the Customer may be included in the Service by the Company without creating any obligation.

10. Limitation of liability

10.1. The Company is not liable for administrative fines imposed on the Customer or its drivers, inspection outcomes, licence sanctions, incorrect or incomplete reports and calculations, loss of data, interruptions of the Service, or failures of third-party services.

10.2. The Company is not liable for loss of profit, loss of business, loss of reputation or other indirect loss.

10.3. For any claim outside the cases above, the Company's total liability is limited to the fees the Customer actually paid in the 3 months before the event giving rise to the loss.

10.4. The limits in this clause do not apply only to wilful misconduct and gross negligence that cannot be limited by law. If any limit is held partly invalid, the other limits remain in force.

10.5. The Company cannot be held liable for delay caused by events reasonably beyond its control, such as natural disaster, infrastructure or internet outage, failure of a third-party service provider, and cyber attack (force majeure).

10.6. The Customer indemnifies the Company against third-party claims arising from the Customer's use of the Service in breach of this Agreement or the law.

11. Term, termination and return of data

11.1. The Agreement takes effect on the registration date and continues through subscription periods until it is terminated. There is no minimum commitment period.

11.2. The Customer may cancel the subscription at any time from the Account settings. Cancellation takes effect at the end of the period already paid: the Customer continues to use the Service until that date, the fee for the current period is not refunded, and no fee is collected for later periods. Refund requests approved by Paddle under the Refund Policy published on the website are outside this.

11.3. The Company may terminate immediately by written notice if payment is still not made after the period in Clause 4.9, if Clause 3.3 is breached, or if the Customer becomes insolvent or ceases activity. For other breaches that can be remedied, the Customer is given 14 days to remedy them.

11.4. Either party may terminate the Agreement without cause. The Customer's termination takes effect at the end of the period already paid; the Company's termination takes effect 30 days after notice. Whichever party terminates, fees paid in advance are not refunded. Refund requests approved by Paddle under the Refund Policy published on the website are outside this.

11.5. Data on ending. If the Customer cancels the subscription, or the Agreement ends for another reason, Customer Data are permanently deleted on the end date. The Customer must export its data before that date. A data-retention period applies only in the cases in Clause 4.1 (end of trial) and Clause 4.9 (late payment). Deletion from backups is completed within [30] days; invoice records that must be kept by law are outside this.

11.6. Deletion by the user. Data deleted in the Service are deleted immediately and permanently and cannot be restored. Approving a deletion is the Customer's responsibility. Deletion of deleted data from backups is completed within [30] days; no restore from backups is made during that process.

11.7. During the Agreement, tachograph data are kept unless the Customer deletes them. The Company may set a maximum retention period by publishing it on the website.

12. Changes, governing law and final terms

12.1. The Company may change this Agreement at any time. The current text takes effect on the date it is published on the website; continued use of the Service after that date is acceptance. A Customer that does not accept may cancel the subscription.

12.2. The Customer may not assign the Agreement without the Company's written consent. The Company may assign the Agreement and the rights and obligations arising from it to any third party it chooses.

12.3. If a provision is held invalid, the other provisions remain in force; the invalid provision is replaced by the valid provision closest to the parties' purpose.

12.4. This Agreement is a business-to-business contract and, regardless of the Customer's country, is governed by the laws of the Republic of Türkiye. The Courts and Enforcement Offices of Istanbul (Çağlayan) have exclusive jurisdiction over disputes arising from the Agreement.

12.5. If translations of the Agreement into different languages conflict, the [English] text prevails.

12.6. The Company gives notices by the channel it considers appropriate (the website, an in-app notice, or the email registered on the Account); the date of publication on the website is the date of notice. The Customer's notices are made in writing to [email protected].

12.7. This Agreement prevails over the Customer's purchase order, general terms or similar documents. Conflicting or additional terms in the Customer's documents do not apply unless the Company accepts them in writing.

12.8. Annexes: (1) Annex 1 — Data Processing Agreement (DPA), set out below; (2) the Privacy Policy published on the website.

Annex 1 — Data Processing Agreement (DPA)

This Annex is an integral part of the Terms of Service and is a processor agreement under Article 28 GDPR, UK GDPR and Article 12 KVKK. Defined terms have the meaning given in the Terms of Service.

1. Subject and duration. With respect to personal data contained in Customer Data, the Customer is the controller and the Company is the processor. As an exception, the Company is the controller for the account, sign-in, billing and contact details of the Customer and its Authorised Users, Service access logs, and website and cookie data; this data is governed by the Privacy Policy published on the website. The Company processes personal data contained in Customer Data for the term of the Terms of Service and only to provide the Service. The Terms of Service and this Annex are the Customer's complete and final processing instructions to the Company.

2. Categories of data. Identity and contact details of drivers and other persons registered in the Account (name, e-mail, phone); driver card details (card number, validity, issuing authority); driving, rest and work records; country and border-crossing records; location data; vehicle details (registration plate, VIN, odometer, speed, events and faults).

3. Data subjects. The Customer's drivers, employees, representatives and other persons registered on the Account.

4. Customer's duties. The Customer undertakes that it has a valid legal basis for the processing, that it has informed data subjects that their data are transferred to the Company and its sub-processors, and that its instructions comply with the law.

5. Company's duties. The Company processes the data only on the Customer's instruction and in accordance with the law, informs the Customer if it considers an instruction unlawful, places personnel who access the data under a duty of confidentiality, and applies appropriate technical and organisational security measures.

6. Sub-processors. Sub-processors are subject to Clause 8.3 of the Terms of Service. The Company imposes on its sub-processors data-protection duties that are in substance the same as those in this Annex.

7. Transfers abroad. Transfers are subject to Clause 8.4 of the Terms of Service.

8. Data-subject requests. Requests received directly by the Company are forwarded to the Customer without delay; responding is the Customer's responsibility. The Company gives reasonable assistance according to the nature of the processing.

9. Personal-data breach. When the Company becomes aware of a personal-data breach, it informs the Customer without delay and provides reasonable information for the Customer's duty to notify the supervisory authority and the data subjects.

10. Information and audit. The Company provides information showing compliance with this Annex on the Customer's written request. If that information is insufficient, the Customer may, with at least 60 days' written notice and no more than once in two years, request an audit by an independent auditor who has signed a confidentiality undertaking. The audit is carried out without disrupting the Company's ordinary activities, and all costs are borne by the Customer.

11. Deletion of data. When the Terms of Service end, data are deleted under Clause 11.5. Data that must be kept by law are outside this.

12. Priority. If this Annex and the Terms of Service conflict on the processing of personal data, this Annex applies. On all other matters, including limits of liability, the Terms of Service prevail.