I. Preamble

OYASO provides the customer with a SaaS application for use. The software supports the customer in obtaining transport offers from their contacts (logistics service providers). Various contract options are available to the customer for the use of the software. OYASO is not involved in the contractual relationship between the customer and logistics service providers. OYASO is not a broker of contracts, but only provides the infrastructure necessary for the exchange of information, data and declarations of intent.

The software is intended solely for entrepreneurs within the meaning of § 14 BGB (German Civil Code).

II. Conclusion of contract and user account

1. A license agreement between OYASO and the customer comes into being upon completion of the registration process and creation of a profile. The subject matter of the license agreement is the use of the software for a fee.
2. A user account must be created in order to create a profile. This consists of an email address and a password (“login data”).
3. A profile can only be created by providing a valid personal email address of the customer. This email address is also used for communication with OYASO.
4. The customer warrants that the data used (“profile data”) is accurate and complete. The use of pseudonyms is not permitted.
5. The customer must keep the password safe and prevent unauthorized access to the password.
6. The customer shall use the software only for the contractually agreed purposes.
7. Any content created by the customer must not violate applicable law or common decency, either in terms of its content or form. The same applies to the setting of external links. In particular, the following is not permitted: the distribution of content that
   • promotes racism
   • glorifies violence and extremism of any kind
   • inciting and instigating criminal acts and violations of the law, threats to life, limb or property
   • agitation against persons or companies
   • defamatory statements, libel, slander and defamation by users and third parties, as well as violations of the law on fair trading
   • copyright-infringing content or other violations of intellectual property rights
   • sexual harassment of users and third parties
   • pornography
   • offensive, sexist, obscene, vulgar, hateful or distasteful material and language.
8. OYASO reserves the right to refuse registration in individual cases or to block access to the profile for good cause.
9. OYASO does not guarantee the completeness or correctness of the offers of the logistics service provider.
10. OYASO endeavors to ensure that the software operates smoothly. Naturally, this is limited to services over which OYASO has influence. Access to the profile may be restricted due to maintenance work, capacity requirements or other events that are beyond OYASO’s control.
11. OYASO is entitled, but not obliged, to further develop the software. OYASO is also entitled to add, modify or remove software functions as part of further development.

III. Remuneration; Billing

1. Remuneration for the use of the software is based on the price list published at oyaso.com at the time of the conclusion of the contract, unless the customer has been offered a different price for the respective usage volume. All prices are exclusive of the applicable statutory value added tax.
2. The billing period corresponds to the term of the contract, unless otherwise agreed in writing by the parties.
3. The fees are due at the beginning of the respective billing period.
4. If the customer exceeds the contractually agreed usage volumes, OYASO is entitled to retroactively convert the contract for the current contract term to the package corresponding to the actual volume used. The price difference compared to the previously agreed package is due immediately.
5. The customer shall be in default at the latest 14 days after the due date of the service, without the need for a reminder.
6. If the customer is more than 30 days in default of payment, OYASO is also entitled to refuse further provision of the service and to block the customer’s access to his profile.
7. OYASO provides invoices exclusively in electronic form.

IV. Rights of use

1. OYASO grants the customer a non-exclusive and non-transferrable right to use the software for the duration of the contract. The customer is not permitted to grant third parties rights of use or to provide access to the software.
2. OYASO is entitled to list the customer as a reference on its homepage, social media channels, printed materials and presentations. Upon request, the customer shall provide OYASO with a suitable logo for this purpose free of charge. The right to use the logo for reference purposes shall remain in force even after this contract has ended.

V. Term, Termination

1. The basic term of the contract is 12 months.
2. The customer may terminate the contract at any time with effect from the end of the term.
3. OYASO may terminate the contract with three months’ notice with effect from the end of the term. If a term of less than six months has been agreed, the notice period is four weeks with effect from the end of the term.
4. If the contract is not terminated, it shall be extended by a further term of the same length as before.
5. The right of the parties to extraordinary termination remains unaffected.
6. Terminations must be in writing. Customer notices of termination should be sent to: cancel@oyaso.com

VI. Liability

1. Unlimited liability: OYASO has unlimited liability for intent and gross negligence. For slight negligence, OYASO is liable for damages resulting from injury to life, limb or health of persons.
2. Otherwise, the following limited liability applies: in the event of slight negligence, OYASO is only liable in the event of a breach of a material contractual obligation, the fulfilment of which is essential to the proper performance of the contract and on the observance of which the customer may regularly rely (cardinal obligation). In this case, liability is limited to five times the annual fee paid. This limitation of liability also applies in favour of OYASO’s vicarious agents.

VII. Data protection, data processing agreement

1. OYASO processes personal data of the customer for a specific purpose and in accordance with the statutory provisions of the GDPR and the BDSG. For more information, please refer to the privacy policy, available at .
2. OYASO will evaluate and process data records from the contractual relationship with the customer in order to optimize the offer. The information is used to evaluate the use of the service, to compile reports on website activity and to provide other services relating to the offer for the purposes of market research and tailoring the offer to meet demand. In doing so, neither personal data nor company data is collected, so that it is not possible to draw any conclusions about the customer and/or their company-related actions.
3. The parties conclude the attached contract in accordance with Art. 28 GDPR (contract for the processing of data on behalf of a controller).

VIII. Final provisions

1. Amendments and additions to this agreement must be made in writing to be effective.
2. OYASO’s General Terms and Conditions apply exclusively. OYASO does not accept any differing contractual terms and conditions and these are hereby rejected.
3. Should one or more provisions of this contract be or become invalid, the validity of the remaining provisions shall not be affected.
4. OYASO is entitled to transfer this contract, including all additional agreements with all rights and obligations, to a company of its choice. If this contract is transferred to another company, the customer has a special right of termination, which must be exercised within 14 days of notification by OYASO. OYASO will inform the customer of the special right of termination in the notification.
5. OYASO reserves the right to adjust prices. Customers will be informed of the change by email within a reasonable period before it comes into effect. If customers do not agree with the change, this contract can be terminated at the time of the change.
6. OYASO may amend these terms and conditions at any time. The amendments will be notified to the customer by email or by other suitable means (e.g. online). In the event of amendments to the terms and conditions, the customer has a special right of termination, which must be exercised within 14 days of notification by OYASO. OYASO will draw the customer’s attention to the special right of termination in the notification.
7. The law of the Federal Republic of Germany shall apply.
8. The place of jurisdiction for all disputes arising from and in connection with this contract is Berlin.
9. The contract language is exclusively German.

Appendix 1: Data processing agreement

The data processing agreement can be viewed here.

As of November 11, 2024