DROPBOY A/S – User Agreement – app terms

MAY 2023

1. Introduction and definitions

You, hereinafter referred to as” the User”, is the one downloading and installing the Dropboy mobile app and thereby entering a User Agreement with the software company DROPBOY A/S, company registration No. 32769055, Denmark, hereinafter referred to as” Dropboy”.

Dropboy is granting the User access to a subscription based online service via our service found at dropboy.com (or our other websites) and our mobile app’s provided by Dropboy (hereinafter referred to as “the Platform”) with the functionality which may at any time be available. This User Agreement, as well as all terms and policies linked to this agreement, set out the terms and conditions under which Dropboy offers the User access to the Platform. This user agreement is effective immediately upon accepting it.

By accepting these terms, you at the same time accept our Data Processing Agreement.

2. Terms for GPS geolocation data

Dropboy utilizes the GPS chip in the mobile phones and other devices to register and track actual geolocations. By accepting these terms and installing the Dropboy App on the Users phone, the User authorizes Dropboy to utilize, register and share the GPS geolocation data as long as the User is logged in on the Dropboy app with status “Online”. Dropboy utilizes and shares the GPS geo position data with its customers and their end customer.

3. Signing up for an account

The User must sign up for an account through an online registration process to make use of the Platform. Upon sign up the User will gain access to the Platform in the Users capacity as a driver. A driver is a professional who undertakes the delivery of packages from a Customer or a Hauler, who will assign the task to the driver via the Platform. 

It is a condition for signing up for accounts at Dropboy, that the account is signed up by an individual with a legal publicly registered company (legal entity or personal company) in normal operation, that each individual user, who uses the platform as an employee is authorized to do so by its employer and can enter binding agreements, that no users are less than 18 years of age, that each individual user has a valid email address, that the account cannot be transferred to others. However, there can be a change of administrator in case of mergers and acquisitions.

You agree to register your personal and business-related information, including but not limited to physical addresses, contact telephone numbers, email addresses and company registry data in the Platform. Moreover, you agree to keep this information up to date.

4. Dropboy Platform

The Dropboy Platform is made available to the User. The Platform is a subscription and transaction-based software program developed for companies with transportation needs as well as companies which undertake the transport for others (e.g. haulers). On the Platform, our customers create haulage contracts on their own terms. Dropboy imposes no terms on our customers haulage contracts.

Dropboy uses an API to allow external connection with our Platform.

A User connects directly to our Platform via our mobile app.

You accept that If our API does not work making it impossible to use our platform may result in you not getting any haulage contracts. Dropboy cannot be held responsible for any lack of haulage contracts.

We maintain and develop our Platform as we see fit taking the needs of our customers and Users into account.

We aim at holding the platform available 24/7 and we try to ensure that all security updates are released as soon as possible. It is your responsible to always keep our Mobile App updates on your phone.

5. Terms of payment 

Users that are acting in their capacity as a driver does not pay for the use of the Platform, as payment is done by the customers.

If you also want to use the Platform to create haulage contracts, you need to enter in a subscription plan with us. If you want to store your documentation longer than allowed by our standard setting you will need to enter a subscription plan with us.

6. Terms of payment for transport services

Dropboy takes no responsibility for invoices, or the payment of invoices, following from transport assignments which the User may have received via the Dropboy Platform.

7. Disclaimer in relation to certain goods

The users must abide by the legislation. It is not allowed to enter haulage contracts for illegal goods such as explosives, drugs, weapons, and ammunition or for goods that will be applied to or have been obtained in relation to illegal actions. If such haulage contracts are entered, Dropboy cannot be held responsible, and the User will be expelled from the Platform.

8. Terms of insurance, licenses, and certificates of hauliers

The User’s vehicles must be legally registered and approved in the country(ies), in which the User is registered as a user on the Platform. Each vehicle must be insured and certificated for conveyance of goods in accordance with the demands in the country(ies) in which the User is registered as a user on the Platform. In addition, the User must always hold a valid cargo liability insurance. Finally, the User must have the licenses and certifications required to conduct the offered transports. The User warrants the lawfulness of the drivers licenses.

9. Terms of privacy and protection of personal information

In managing your profile information, Dropboy will always abide by applicable laws governing protection of such data, including the EU General Data Protection Regulation (GDPR). By using Dropboy, and/or registering for a Dropboy account, you understand that Dropboy collects, uses, and disclose your personal information solely for delivering our Service to you. You can at any time ask the customer who has created your access to close your profile with us or to correct your information. We will automatically delete your personal information if your profile has been inactive for a consecutive period of more than 12 months. 

All profile information collected will be stored on servers, either owned by Dropboy or owned by hosting providers selected by and contracted by Dropboy. All hosting providers have entered GDPR Data Processor Agreements (DPA) with Dropboy and are obligated to operate within the framework of this user agreement.

10. Data Processor Agreement

When you provide content in the form of data and information, of any kind, to the Dropboy Platform, website or other Dropboy managed media, including via email, this data can contain personal data pertaining to private as well as businesspersons. In respect of such personal data, and in accordance with EU’s GDPR regulations, Dropboy take up the role as Data Processor for the User’s data as well as the User’s customer data. By accepting the terms of this user agreement, the User also accepts a Data Processor Agreement (DPA) between Dropboy and the User.

11. Intellectual Property

Dropboy is a protected trademark, and our Platform and all its components are the property of Dropboy A/S. You are not allowed to copy, distribute, sell, or lend any part or any content of our Platform. You as a User only acquire a right to use our Platform.

12. Liability and disclaimer in relation to use of the Dropboy Platform

Dropboy cannot be held responsible for any indirect losses due to your use or lack of same of our Platform. Our total liability towards you is caped at DKK 10.000.

By using our Platform, you certify that you are doing so at your own risk. If our Platform gets hacked and changes are made to a transport assignment or data is lost or the transport assignment deleted, Dropboy cannot be held liable.

If the User’s internet connection does not work making it impossible for him to enter haulage contracts through the Platform, Dropboy cannot be held liable. If an unexpected outage on the Platform makes it impossible for the User to enter haulage contracts, Dropboy cannot be held liable.

Dropboy does not guide or define prices or other terms in relation to haulage contracts. Dropboy cannot be held responsible for transport agreements entered through our system or for damages occurring directly or indirectly.

Additionally, you agree not to hold Dropboy (including parent companies, subsidiaries, affiliated companies, officers, directors, agents, and employees) liable for any damages or losses, including but not limited to revenue, profits, goodwill, reputation or other intangible losses of any kind, whether direct, indirect or consequential, resulting from your use of Dropboy’s services.

13. Breach of the user agreement and reopening of accounts

Any breach of any terms and conditions outlined in this user agreement, or any

sign that you are otherwise acting outside the spirit of this user agreement, may lead to suspension or termination of your user agreement with Dropboy.

If your account is suspended, it can be reopened by Dropboy, at the sole discretion of Dropboy, only if the situation warrants such reopening.

In this case, you must send an email to contact@dropboy.com in which you describe why your account should be reopened. Dropboy will then decide the matter.

14. Denunciation of the user agreement and cancellation of subscription

The User can at any time ask the customers who created their profile to close their profile or they can stop using the Dropboy app. A user may request to have its profile closed by sending an email to Dropboy at contact@dropboy.com. Dropboy will submit the request to the customer(s) who have created the User’s profile and then the customer (s) will decide on the deletion of the User’s profile and any collected/stored data.

All add-on and transaction-based fees incurred on the Platform must be settled before Dropboy can close the User’s profile.

15. Indemnity

If Dropboy, because of a dispute or a claim involving you or because of your

abuse or breach of this agreement, or because of your breach of any law or any right of a third party, is sued, you agree to hold Dropboy (including parent companies, subsidiaries, affiliated companies, officers, directors, agents, and employees), indemnified from any such claims or suits, including reasonable legal fees.

16. Dispute resolution and choice of law

You agree that this user agreement, and any claim or dispute arising between you and Dropboy, shall be interpreted in accordance with the laws of the Kingdom of Denmark, and that any suits shall be filed in a Court of Law in the Kingdom of Denmark under Danish legislation.

17. General

If any provision of this user agreement is held to be invalid, void or for any reason unenforceable, such provision shall be struck out and shall not affect the validity and enforceability of the remaining provisions under this user agreement.

Headings are solely for reference purposes and do not limit the scope or extent of any section. Dropboy may amend this user agreement at any time by giving you a notice of 14 days in advance.