Terms of Service

§ 1 Scope

These Terms and Conditions ("Terms") govern the use of the FLYYT platform (app and website) operated by FLYYT GmbH, registered in the commercial register of the Amtsgericht Hamburg under HRB 196549 ("FLYYT"). The platform is intended exclusively for commercial users based in Germany (companies, fleet operators, self-employed drivers acting in the course of their professional activity). By registering, the user confirms that they are using the platform exclusively for commercial purposes.

Use by consumers within the meaning of § 13 of the German Civil Code (BGB) is not permitted. FLYYT reserves the right to suspend accounts where private use is identified.

Any terms or conditions of the user that conflict with or deviate from these Terms shall not be recognized unless FLYYT has expressly agreed to their application in writing.

§ 2 Registration and Access

Use of the FLYYT platform requires registration. During registration, users must provide a valid mobile phone number and a valid VAT identification number (VAT ID). Company name and address are required to add a payment method. FLYYT will verify the validity of the VAT identification number provided, including the associated name and address, as part of the registration process.

Users are obliged to keep their login credentials confidential and to protect them from unauthorized access. FLYYT must be notified immediately in the event of suspected misuse. Users are liable for all activities carried out under their account unless they have reported the misuse without undue delay.

FLYYT reserves the right to reject registrations without stating reasons, or to suspend or delete accounts in the event of a breach of these Terms.

§ 3 Services

FLYYT provides a platform that enables commercial users to:

• Plan routes for electric trucks taking into account available charging stations
• Use turn-by-turn navigation during trips
• Process related payments

Information displayed on the platform regarding charging stations (availability, charging capacity, prices) is based on third-party data and is provided without warranty. FLYYT accepts no liability for the accuracy or timeliness of this information.

Route planning is based on map data (Google Maps) and routing services provided by third parties (currently TomTom) and takes into account vehicle-specific parameters for heavy goods vehicles. Turn-by-turn navigation during trips is based on turn-by-turn services provided by Google and does not account for vehicle-specific restrictions applicable to trucks or heavy goods vehicles, including weight limits, height restrictions, bridge limitations, or route-specific driving bans. Users are solely responsible for complying with all traffic regulations and route restrictions applicable to their vehicle.

§ 4 Payment Terms

Use of paid services on the FLYYT platform requires a valid payment method. Payment processing is handled by the external payment service provider Stripe. Stripe's terms of service (stripe.com/legal) apply in addition to these Terms.

Pre-authorization

Before the start of a trip, an amount is pre-authorized (held) on the user's stored payment method. The pre-authorization covers the estimated costs of the booked services. FLYYT reserves the right to request an additional pre-authorization during an ongoing trip if the actual costs are expected to exceed the original authorization. The user will be notified in the app and must confirm the additional authorization.

Actual billing

Upon completion of a trip, only the actual costs incurred will be charged. Any release of unused pre-authorized amounts is subject to the terms of the user's card provider; FLYYT has no influence over the duration of this process.

No refunds

FLYYT does not provide refunds for completed transactions. Operational costs incurred by FLYYT in connection with a booking will be charged even in the event that the booked service is not used.

Payment failure and chargebacks

Users are obliged to ensure that their stored payment method is sufficiently funded at all times. In the event of payment failure, FLYYT reserves the right to suspend access to the platform. Unjustified chargebacks are the responsibility of the user. Users are obliged to reimburse FLYYT for any unjustified chargebacks and any associated fees.

§ 5 User Obligations

Users agree to use the FLYYT platform exclusively for commercial purposes and in accordance with these Terms and all applicable laws and regulations.

Users are in particular obliged to:

• provide complete and accurate information during registration and keep it up to date
• keep login credentials confidential and not share them with third parties
• refrain from misusing the platform, in particular from conducting automated queries, scraping, or reverse engineering
• take sole responsibility for complying with all traffic regulations and route restrictions applicable to their vehicle, regardless of route recommendations displayed on the platform

In the event of a breach of these obligations, FLYYT reserves the right to suspend or delete the user's account without prior notice. FLYYT's right to claim damages remains unaffected.

§ 6 Liability

FLYYT is liable without limitation for damages resulting from intent or gross negligence on the part of FLYYT, its legal representatives, or agents, as well as for damages arising from injury to life, body, or health.

In cases of simple negligence, FLYYT shall only be liable for breach of a material contractual obligation (cardinal obligation). In such cases, liability is limited to the typical, foreseeable damage.

FLYYT is not liable for:

• the availability, quality, or proper performance of services provided by third-party operators, in particular charging station operators
• the accuracy or timeliness of charging station data provided by third parties
• costs arising from the vehicle becoming stranded, including towing costs, recovery costs, standstill costs, and any other expenses resulting from an energy or charging failure during a trip
• damages arising from the use of turn-by-turn navigation, in particular in connection with vehicle-specific route restrictions for heavy goods vehicles
• damages arising from the use of route recommendations where the user has failed to fulfill their own duty of care pursuant to § 5
• outages or errors of third-party services, in particular Stripe, TomTom, or Google
• contractual penalties, claims for damages, or other obligations of the user towards third parties, in particular arising from delivery, transport, or service contracts, caused by an interruption of use, a charging failure, or the vehicle becoming stranded
• indirect damages, loss of profit, consequential damages, or business interruption losses, to the extent permitted by law

The above limitations of liability also apply in favor of FLYYT's legal representatives and agents.

§ 7 Term and Termination

The user agreement is concluded for an indefinite period and commences upon successful registration and activation of the account.

Users may cancel their account at any time without notice. Cancellation can be made by email to support@flyyt.app.

FLYYT may terminate the user agreement with 30 days' notice. The right to terminate for cause without notice remains unaffected. Cause for termination exists in particular in the event of:

• breach of these Terms
• suspected misuse or fraudulent behavior
• payment failure or unjustified chargebacks
• loss of access eligibility

Upon termination, any outstanding amounts become immediately due. No refunds will be issued for services already booked and charged.

§ 8 Changes to Terms

FLYYT reserves the right to amend these Terms at any time. Users will be notified of changes via the app. Upon the next login following an amendment, users will be required to expressly accept the updated Terms. Further use of the platform is only possible after acceptance.

Each version of the Terms is identified by a version date. The current version is available at any time on the website.

§ 9 Privacy

The collection and processing of personal data is carried out in accordance with FLYYT's Privacy Policy, which is available at any time on the website. By registering, the user confirms that they have taken note of the Privacy Policy.

§ 10 Final Provisions

These Terms are governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

The place of performance and exclusive place of jurisdiction for all disputes arising from or in connection with these Terms is Hamburg, provided that the user is a merchant, a legal entity under public law, or a special fund under public law.

Should any provision of these Terms be or become wholly or partially invalid, this shall not affect the validity of the remaining provisions. The invalid provision shall be replaced by a valid provision that comes closest to the economic purpose of the invalid provision.