1. Introduction

These Terms of Service ("Terms") govern the access to and use of the myauto.today platform, including related mobile and web services, dashboards and application programming interfaces (collectively, the "Service"). The Service is operated by TimSoft Solutions ("we", "us" or "our"), Am Schierbrunnen 21, 21337 Lüneburg, Germany. By creating an account, purchasing a subscription or otherwise using the Service, you acknowledge that you have read, understood and agree to be bound by these Terms and by any policies referenced herein, including our Privacy Policy.

2. Definitions

For the purposes of these Terms:

• Account means the registered profile created by or for you in order to access the Service.
• Client Data means any information, including vehicle, expense and driver data, that you upload or otherwise submit through the Service.
• Subscription means a paid plan providing access to premium Service features for a defined term.
• User or you refers to the individual or legal entity that accesses or uses the Service.

3. Eligibility and Account Registration

You must be at least 18 years old and have the legal capacity to enter into binding contracts to use the Service. When registering, you agree to provide accurate, current and complete information, to maintain that information up to date and to keep your login credentials confidential. You are responsible for all activities undertaken through your Account and must promptly notify us of any unauthorised use or security breach.

4. Scope of the Service

The Service enables you to record, manage and analyse vehicle-related expenses and mileage, receive reminders, and access reporting and subscription management tools. We may add, remove or modify features from time to time; material changes that significantly reduce functionality will be announced in advance where reasonably practicable.

5. Subscriptions, Fees and Payment

Certain Service features are provided only through a Subscription. Applicable fees, billing cycles, included allowances and renewal dates are displayed at the point of purchase and in your Account settings. By starting a Subscription, you authorise us and our payment processor (currently Stripe Payments Europe, Limited) to charge the stated amount, including applicable taxes, to your selected payment method on a recurring basis until you cancel.

Unless stated otherwise, Subscriptions renew automatically at the end of each paid term. You may cancel renewal at any time through your Account and the cancellation will take effect at the end of the then-current billing period. We do not provide refunds for partially used billing periods except where required by mandatory law. Trials or promotional offers may be withdrawn or modified at our discretion.

6. Acceptable Use

You agree that you will not:

• use the Service in violation of applicable law, including export control, data protection or traffic regulations;
• infringe the rights of others, including privacy, intellectual property or personality rights;
• reverse engineer, decompile or otherwise attempt to derive the source code of the Service;
• introduce malware, interfere with, overload or disrupt the Service or the systems of third parties;
• use automated tools to scrape or harvest data from the Service except through documented APIs made available to you;
• resell, sublicense or provide the Service to third parties without our prior written consent.

7. Client Data

You retain all rights, title and interest in and to Client Data. By submitting Client Data, you grant us a worldwide, non-exclusive, royalty-free licence to host, store, transmit, display and process such data solely for the purpose of providing and improving the Service, complying with law and preventing fraud or abuse. You represent that you have all rights necessary to upload Client Data and that its use will not violate these Terms or applicable law.

8. Data Protection

We process personal data in accordance with the General Data Protection Regulation (GDPR) and our Privacy Policy. Where we act as a processor on your behalf, the Data Processing Addendum incorporated by reference into these Terms applies. You are responsible for ensuring that any personal data you submit has been collected lawfully and that you provide any necessary notices to vehicle drivers or other data subjects.

9. Intellectual Property

All intellectual property rights in the Service, including software, interfaces, graphics, logos and documentation, belong to us or our licensors. Except for the limited licence granted to you to use the Service in accordance with these Terms, no rights are transferred to you. You may not remove proprietary notices or use our trademarks without prior written permission.

10. Third-Party Services

The Service may interoperate with third-party services (such as payment providers or mapping tools). Your use of third-party services is governed solely by the terms of those third parties. We are not responsible for third-party services and disclaim all liability arising from or relating to your dealings with them.

11. Support and Maintenance

We provide reasonable technical support via the channels stated on the Website during standard business hours in Germany. We do not guarantee uninterrupted availability; planned maintenance and emergency interventions may occur. We will use reasonable efforts to notify you of scheduled downtime in advance.

12. Suspension and Termination

We may suspend or terminate your access to the Service immediately if we reasonably believe that: (a) you have materially breached these Terms, (b) your use poses a security risk to the Service or other users, (c) we are required to do so by law or (d) payment obligations are overdue. Upon termination, your right to use the Service ceases and we may delete or anonymise Client Data following expiry of any statutory retention periods. Sections that by their nature should survive termination (including payment obligations, licences, disclaimers and limitations of liability) will remain in effect.

13. Warranty Disclaimer

To the maximum extent permitted by law, the Service is provided "as is" and "as available" without warranties of any kind, whether express, implied or statutory, including implied warranties of merchantability, fitness for a particular purpose and non-infringement. We do not warrant that the Service will be error-free, uninterrupted or that it will meet your specific requirements. Nothing in these Terms limits statutory warranty rights that cannot be excluded under applicable law.

14. Limitation of Liability

To the extent permitted by law, our aggregate liability arising out of or relating to the Service is limited to the higher of (a) EUR 100 and (b) the fees paid by you to us for the Service in the twelve (12) months preceding the event giving rise to liability. We are not liable for loss of profit, loss of data, indirect, consequential, exemplary or punitive damages, except where caused by our wilful misconduct or gross negligence or where liability cannot be limited under mandatory law. Nothing in these Terms excludes liability for death or personal injury caused by negligence.

15. Indemnification

You agree to indemnify and hold us harmless from any claims, damages, losses and expenses (including reasonable legal fees) arising out of or related to (a) your breach of these Terms, (b) your use of the Service in violation of law or third-party rights or (c) Client Data you submit.

16. Changes to the Service or Terms

We may modify the Service or these Terms to reflect changes in technology, market practice, applicable law or to address security, safety or regulatory requirements. We will provide reasonable notice of material changes by posting the updated Terms on the Website and, where appropriate, by email or in-app notification. Continued use of the Service after the effective date constitutes acceptance of the updated Terms. If you do not agree to the changes, you must cancel your Subscription and stop using the Service before the updated Terms take effect.

17. Governing Law and Dispute Resolution

These Terms are governed by the laws of the Federal Republic of Germany, excluding its conflict-of-law provisions and the UN Convention on Contracts for the International Sale of Goods. If you are a consumer domiciled in the European Union, you additionally benefit from any mandatory protections provided by the law of your habitual residence. The courts of Berlin, Germany have exclusive jurisdiction, except that consumers may bring claims in their local courts. The European Commission provides an Online Dispute Resolution platform; we are neither obliged nor willing to participate in alternative dispute resolution proceedings before a consumer arbitration board.

18. Miscellaneous

These Terms constitute the entire agreement between you and us regarding the Service and supersede all prior agreements. If any provision is held invalid, the remaining provisions remain in effect. You may not assign these Terms or your rights or obligations without our prior written consent; we may assign our rights or obligations as part of a merger, acquisition or sale of assets. The failure to enforce any provision is not a waiver of our right to do so later.