Terms of Use
Last updated 29.10.2024
These terms of use of Waybiller OÜ (hereinafter the Terms of Use) are an agreement for the provision of services between the Customer and Waybiller OÜ, registry code: 14200010 (hereinafter the Waybiller). The purpose of these Terms of Use is to ensure the quality of Waybiller’s services. By using the services of Waybiller, the user of a Waybiller service (hereinafter the Customer) confirms that he/she has read, understood and agrees to the Terms of Use. Waybiller provides the services defined below under the following conditions:
1. GENERAL
1.1 The Terms of Use govern the use of Waybiller’s services.
1.2 In the event that the Customer does not agree to the Terms of Use, he/she is not entitled to use the services of Waybiller and must immediately stop using Waybiller’s services.
1.3 By using the services of Waybiller, the Customer undertakes to comply with the Terms of Use. Waybiller has the right to cancel the Agreement extraordinarily between Waybiller and the Customer without a notice period and to terminate the provision of services to the Customer if the Customer violates the Terms of Use.
1.4 Customer confirms that the information provided by him/her to Waybiller is true, accurate and complete, and agrees to keep it up to date.
2. LICENSED SOFTWARE
2.1 Waybiller provides an online e-waybill creation and management service (hereinafter the Service), which Waybiller may modify or update as necessary, and which can be accessed through the www.waybiller.com website (hereinafter the Website) or iOS and Android smartphone applications.
2.2. The Customer must register to use the service through the Website by filling in the registration form on the Website. After that, a link will be sent to the attached email address, through which they need to set a password for themselves and thus confirm the creation of a user account.
2.3 The registration form forms the Customer’s order (hereinafter the Order).
2.4 The Order together with the Terms of Use constitutes an open-ended User Agreement between the Customer and Waybiller (hereinafter the Agreement).
2.5 With the concluded Agreement, the Customer does not become an owner of the Waybiller Software. Pursuant to the Agreement, the Customer only obtains the right to use Waybiller’s software in the manner specified in the Agreement.
3. FEES
3.1 Waybiller has free features and paid features. In order to use the free features, the Customer agrees to these Terms of Use and enters into an Agreement with Waybiller as set forth in clause 2.4. In order to use the paid features, a separate license agreement (hereinafter the License Agreement) must be concluded. In the event of a conflict between these Terms of Use and the provisions of the Licence Agreement, the provisions of the License Agreement shall prevail. In order to conclude a License Agreement, you need to contact customer support support@waybiller.com.
4. USERS
4.1 In Waybiller, the Customer adds users who have the right to access the service on their behalf (hereinafter the Users) in the Employees menu item. Nevertheless, the Customer is responsible for any and all actions of the Users when using the service.
4.2 The Customer controls Users’ access to the Service and may, at the sole discretion, revoke or adjust Users’ access to the Service at any time.
4.3 In the event of a dispute related to access to the Service between the Customer and the Users, the Customer shall decide on the Users’ access rights to the Customer’s data and the service.
5. CUSTOMER DATA
5.1 Any data that the Customer stores or enters through the Service (hereinafter the Customer Data) belongs to the Customer.
5.2 The Customer authorizes Waybiller to process, i.e., use, copy, modify, transmit, store, and back up Customer Data to enable the Customer to access and use the Service.
5.3 The Customer is solely responsible for the data entered by him/her and is responsible for the consequences arising from or related to entering or transmitting the corresponding content.
5.4 The Customer confirms that he/she has the right to enter or transfer the Customer Data and that the corresponding actions do not violate these Terms of Use, any applicable laws, intellectual property rights or other rights of third parties.
5.5 The Customer is aware of and gives consent for Waybiller to share Customer Data with persons to whom sharing the data is necessary for the provision of the service. Waybiller does not share the Customer Data with third parties with whom sharing the Customer Data is not necessary for the provision of the Service. Waybiller prohibits persons with whom Customer Data is shared from copying and sharing Customer Data with third parties.
5.6 Waybiller does not track Customer Data. The Customer is solely responsible for ensuring that the Customer Data complies with these Terms of Use, the rights of third parties and applicable law. However, without taking the corresponding obligations, Waybiller may delete Customer Data or suspend or terminate the Agreement at its sole discretion if the Customer Data violates these Terms of Use, the rights of third parties, or applicable law. Waybiller may perform such actions without prior notice to the Customer.
5.7 Waybiller is not obliged to keep backup copies of the Customer Data if the Agreement is terminated or if the Customer Data has been deleted for any reason. Waybiller cannot guarantee that the persons with whom the Customer Data is shared for the purpose of providing the Service will store the data securely. For the sake of certainty, the Customer should back up the Customer Data independently.
5.8 If the Customer opts to enable location tracking, Waybiller will collect location data from mobile devices at regular intervals to facilitate e-waybill management. This data is accessible only to users of the companies directly involved with a specific e-waybill and is used solely for operational purposes as authorized by the Customer.
6. PROHIBITED ACTIVITIES
6.1 The Customer is not allowed to use the Services for illegal, harmful, misleading, fraudulent or other malicious purposes.
6.2 The Client is prohibited from transmitting material or content that contains viruses or other malicious code, or content that violates or may violate the intellectual property rights or other rights of third parties.
6.3. Customers are prohibited from sharing documents, data, and information related to the Waybiller Services with third parties who are not parties involved in transportation or customers of the Waybiller License Agreement.
7. INTELLECTUAL PROPERTY
7.1 The intellectual property rights (including patent, trademark, service mark, logos, copyright, non-proprietary right, know-how, domain names and other, worldwide, registered or unregistered) relating to the Service and the Website remain the property of Waybiller.
7.2 These Terms of Use do not entitle the Customer to use Waybiller’s intellectual property without Waybiller’s prior written permission.
8. PERSONAL DATA
8.1 The Customer confirms that he/she has all the rights and consents to disclose personal data to Waybiller when using the Service, including if the Customer himself/herself is not the controller of the personal data disclosed by him/her to Waybiller. Such personal data may be the name, contact details and other data of the Client or their end customer and their employees, customers, cooperation partners, etc. data necessary for the provision of the Service (hereinafter the Personal Data). The Customer or the end customer is the data controller of the respective Personal Data and Waybiller is the authorized data processor. The respective Personal Data shall also be treated as Client Data in accordance with the provisions of clause 5.
8.2 Waybiller processes Personal Data primarily for the purpose of providing the service chosen by the Customer, but also for collecting feedback about the Service and improving the user experience and for marketing purposes. The user has the right to prohibit the processing of their personal data at any time by contacting us through public channels, unless the data is necessary for the performance of a contractual requirement, including the provision of the service. The user has the right to request access to and/or correction of the data related to him/her.
8.3 Waybiller shall ensure that the persons authorised to process personal data are obliged to follow confidentiality requirements or a corresponding duty of confidentiality applies to them. The Customer is aware that Waybiller must share data with the parties involved in provision of the Service in order to provide the Service.
8.4 Personal Data disclosed by the Customer will not be disclosed to third parties without the Customer’s consent, unless it is necessary for the provision of the service, the enforcement or application of the Terms of Use or other agreements between the Customer and Waybiller, or if required by applicable law. As Waybiller’s business partners or suppliers or service providers (hereinafter the Sub-processors) may be liable for certain parts of the Service and the overall functioning of the Website, personal data may be disclosed to them. Waybiller shall ensure that the relevant Sub-Processors are subject to the same data protection obligations as in these Terms of Use. Waybiller implements appropriate technical and organizational measures to ensure that the processing meets the requirements of applicable law. If the Sub-processor fails to comply with its data protection obligations, Waybiller shall be liable for compliance with the obligations of the Sub-processor. Waybiller does not transfer Personal Data without the customer’s prior consent to countries that are not in the European Union / European Economic Area or on the list of countries that ensure adequate personal data protection assessed by the European Commission.
8.5 Waybiller retains Personal Data for as long as it is necessary for activities related to the provision of the Service, or until required by law or until the User requests to remove the data.
8.6 The Customer acknowledges and agrees that Waybiller will use DigitalOcean, LLC (Address: 101 Avenue of the Americas, 10th Floor, New York, NY 10013 USA) as a Sub-processor in connection with the DigitalOcean cloud computing services.
8.7 Personal Data may include, when authorized by the Customer, location data collected per e-waybill, solely to facilitate operational functions for companies involved.
9. SECURITY
9.1 Waybiller applies all necessary security measures to process Customer Data, that are required by Estonian law. Waybiller makes all reasonable efforts to ensure the secure collection, transmission and storage of Customer Data.
9.2 Waybiller has implemented appropriate physical, technical and organizational measures to protect the data.
10. NO WARRANTY
10.1 Waybiller does not warrant or assure the quality, suitability for purpose, non-infringement, integrity or accuracy of the Service.
10.2 Despite Waybiller’s efforts to provide the Customer with services of the best quality, safety and security, Waybiller does not warrant that the Service will be uninterrupted, timely, error-free, or that defects will be corrected.
10.3 Waybiller cannot guarantee that all parties involved in the provision of the Service will comply with the requirements necessary for the secure collection, transfer and storage of personal data.
10.4 Waybiller reserves the right to change or terminate the functions and features of the Service periodically or at any time, temporarily or permanently, without liabilities towards the Customer for interruption, modification or termination of the Service or features or functions of the Service. If possible, the termination of the Service shall be notified reasonably in advance.
10.5 Waybiller shall not be liable for any obstacles during the use or operation of the Service if the obstacles are caused by the web hosting service provider, the Customer’s internet service provider or any other third party, except if it is required by applicable law.
11. LIMITATION OF LIABILITY
11.1 To the fullest extent permitted by law, Waybiller shall not be liable for any loss or damage resulting from the Customer’s use of the Service or the Customer’s inability to use the Service or unauthorized access to Customer data, its interruption, change, destruction or deletion.
11.2 In addition, Waybiller shall in no event be liable for any indirect damages, including loss of profits.
11.3 In any event, Waybiller’s total liability shall be limited to the amount paid by the Customer to Waybiller for the Services during the last twelve (12) months immediately preceding the month in which the event giving rise to Waybiller’s liability occurred.
12. AMENDMENT OF TERMS AND CONDITIONS
12.1 Waybiller reserves the right to amend any part of the Terms of Use at any time without notice. If the Customer does not agree with these changes or with any specific changes, he/she may not be able to continue using the Service.
13. TERM AND TERMINATION
13.1 The concluded Agreement is open-ended.
13.2 The Customer may terminate the Agreement at any time by way of regular termination without giving a reason by sending an order cancellation email to the contacts listed below. In the case of a License Agreement, the provisions of the License Agreement shall apply.
13.3 The Customer acknowledges and agrees that Waybiller may suspend (permanently or temporarily) the provision of the Service at Waybiller’s sole discretion without notice to the Customer if the Customer violates these terms and conditions. In the event that a Customer violates these Terms of Use and Waybiller decides to terminate or suspend the Customer’s account and/or the Agreement due to a violation by the Customer, Waybiller has no obligation to refund any fees that the Customer may have paid.
13.4 In addition, Waybiller may terminate the Agreement and the Customer’s right to access and use the Service by giving thirty (30) days’ notice to the Customer.
14. FINAL PROVISIONS
14.1 Waybiller and the Customer undertake to keep any information concerning the other party confidential, if the disclosure of the information to third parties may harm the other party, and not to disclose such information without the prior consent of the other party in a format that can be reproduced in writing, except for information the disclosure of which is required by law. The duty of confidentiality shall continue to apply for an indefinite period, even after the termination of the Agreement.
14.2 These Terms of Use shall be governed by the laws of the Republic of Estonia.
14.3 Any disputes arising from or related to these Terms of Use shall be ultimately resolved by Harju County Court in Tallinn.
14.4 These Terms of Use, together with the Privacy Policy and the Order, form a complete Agreement between the Customer and Waybiller. The complete Agreement shall prevail and supersede all previous written and oral agreements applicable to the subject matter of the Agreement.
14.5 If one or more provisions of these terms and conditions prove to be invalid, null and void, illegal or unenforceable in any respect, it shall not affect or impair the validity, legality or enforceability of the remaining provisions contained therein.
14.6 Waybiller may yield any or all of its rights under these Terms of Use to any person without the Customer’s consent, unless it may reduce the probability of the performance of the Agreement.
14.7 Please send all inquiries to Waybiller to the email address listed below:
Contact details:
Waybiller OÜ
Address:Mäealuse 2/1, Tallinn, Estonia
Email: waybiller@waybiller.com
