Terms and Conditions

These General Terms and Conditions (GTC) apply to the use of the ForkScan Pro platform, including the web application and the mobile apps. The provider and contracting party is:

WebPX - Graupner & Kozhevnikov GbR Reumtengrüner Str. 32B 08209 Auerbach Germany

The service is intended exclusively for entrepreneurs within the meaning of § 14 of the German Civil Code (BGB), legal entities under public law and special funds under public law. Contracts with consumers within the meaning of § 13 BGB are excluded. By registering, the customer confirms that they are acting in the course of their commercial or self-employed professional activity.

Deviating or supplementary terms of the customer only become part of the contract if the provider has expressly agreed to them in text form.

This English version is a convenience translation. In the event of any discrepancy, the German version prevails.

The provider makes ForkScan Pro available to the customer as software as a service via the internet. Depending on the plan selected, this includes:

• access to the cross-manufacturer error code database for industrial trucks
• fleet management with reminders of inspection dates
• use of the mobile apps for iOS and Android once they have been released
• technical support by email to info@webpx.de

The specific scope of services, in particular query quotas and the number of usable devices, is set out in the plan description at the time of the order or of the last change of plan. The provider may further develop and adapt the services, provided that the agreed scope of services is not materially restricted as a result.

Use of the service requires a user account. The customer is obliged to provide accurate information when registering and to keep it up to date.

Upon registration, a contract for the free use of ForkScan Pro under these terms and conditions is concluded between the customer and the provider; it covers the trial and the use after it has ended (§ 4).

The presentation of the plans does not constitute a binding offer. The contract for a paid subscription is concluded when the customer completes the order process and the provider activates access or confirms the order.

After signing up, and for a sign-up with email address and password after confirming the email address, the customer may test the service for 7 days free of charge and without providing a payment method. During the trial all features except the offline pack are available; up to three error codes per calendar day can be looked up per company, for all of the company's user accounts together. During the trial the search by manufacturer shows no short descriptions of the error codes. Once the mobile apps are published, they can be used on one device of the company during the trial. One trial is granted per company.

The trial ends automatically. A contract for a paid plan only comes about through an order by the customer. If the customer orders during the trial, the trial ends with the order and the scope of the plan ordered applies; billing starts at the time the trial would otherwise have ended, but no earlier than two days after the order.

After the trial ends without an order, and likewise after a subscription ends, the data the customer created remain stored and readable for 12 months. If the customer does not order a plan within this time, the provider deletes the data afterwards; the customer's administrators receive a reminder by email at least 30 days before the deletion. Looking up error codes, including browsing by manufacturer, the app's offline pack, inspection reminders and creating or editing vehicles, inspection dates and documented errors require a plan; administrators can still download the reports on the fleet, inspection dates and documented errors as an Excel or PDF file, change roles, remove members and withdraw open invitations, while new invitations require a plan. The customer may delete their user account in the account settings; details on retention are set out in the privacy policy.

The prices displayed at the time of the order apply. Unless stated otherwise, all prices are exclusive of statutory value added tax.

The fee is due monthly in advance unless a different billing period is stated for the plan. Payment is made via the payment service provider Stripe using the payment methods offered there.

If a payment fails, the provider informs the customer by email. Access remains unchanged for up to 14 days after the first failed payment. If the payment has not been received by then, the stored data remain visible afterwards; looking up error codes and creating or editing vehicles, inspection dates and documented errors are, however, locked until the payment is received. Administrators can still download the reports on the fleet, inspection dates and documented errors as an Excel or PDF file, change roles, remove members and withdraw open invitations; new invitations are only possible again once the payment has been received. If the payment is still outstanding after the payment service provider's last automatic payment attempt, the subscription ends; the data remain stored and readable (§ 4). The obligation to pay the fees accrued up to that point remains unaffected.

The subscription runs for the selected billing period and is renewed for the same period in each case unless it is terminated beforehand.

The customer may terminate at any time with effect from the end of the current billing period, either via the subscription management in the customer account or in text form to the provider. Fees already paid for the current billing period are not refunded pro rata in the event of ordinary termination.

The customer may change their plan in the billing portal under “Plan & billing”. A change to a higher plan takes effect immediately; for the rest of the current billing period the price difference is charged pro rata. A change to a lower plan takes effect from the next billing period. If usage then exceeds the scope of the new plan, all data are retained; further users, vehicles and devices can only be added once the plan has room for them. If the customer has more devices than the new plan includes device licences, the licences of the surplus devices are blocked; devices in use keep their licence before deactivated devices, and devices registered earlier before those registered later. The blocked licences are unblocked as soon as a device licence is free. The provider informs the customer's administrators of this by email.

The right of both parties to extraordinary termination for good cause remains unaffected.

The customer undertakes

• to keep credentials and licence keys confidential, not to pass them on to third parties and to inform the provider without delay if misuse is suspected
• to use the platform only in accordance with applicable law and only for their own business purposes
• not to pass on, publish or sell content of the database to third parties without the provider's consent
• not to extract content by automated or systematic means
• not to decompile or reverse engineer the software, unless this is mandatorily permitted by law
• not to circumvent technical protection measures and not to place an excessive load on the platform

The provider's software, texts and designs and the error code database as a whole are protected by copyright or by the sui generis database right (Sections 87a et seq. of the German Copyright Act, UrhG). Error codes, manufacturer and model names and third-party content are not covered by this. For the term of the contract, the customer receives a non-exclusive, non-transferable and non-sublicensable right to use ForkScan Pro to the extent of the plan selected.

Any exploitation beyond this, in particular commercial re-use of the data, requires the provider's prior consent in text form.

Where the customer contributes their own content, such as solutions, ratings, photos or fleet data, the customer remains responsible for it and warrants that it does not infringe any third-party rights.

For solutions and ratings that the customer publishes in the community area, the customer grants the provider a non-exclusive right, unlimited in time and territory, to use and adapt them within ForkScan Pro and to make them available to other users. The provider may remove content that violates these GTC or applicable law.

The provider endeavours to keep the platform available with as few interruptions as possible. A specific level of availability is only owed if it has been expressly agreed.

Temporary restrictions due to maintenance work, security measures or circumstances beyond the provider's control are possible. Where possible, scheduled maintenance is carried out at times of low usage.

The information on error codes, the possible checks and the tips are an aid to classifying an error. The code and its meaning are checked; checks, tools and spare parts are additional hints and may be incomplete. They replace neither inspection by qualified personnel nor the specifications and documentation of the respective manufacturer. Work on industrial trucks may only be carried out by persons qualified to do so and in compliance with the applicable safety and accident prevention regulations.

The provider gives no guarantee that the information is complete, correct and up to date. Solutions from the community area originate from other users and are not individually reviewed by the provider.

Reminders of inspection dates are a supporting feature. Responsibility for complying with statutory inspection deadlines remains with the customer.

The statutory provisions on liability for defects apply. The customer shall report defects without delay with a comprehensible description. The provider's strict liability for defects already present when the contract was concluded pursuant to § 536a (1) alt. 1 BGB is excluded.

The provider is liable without limitation for intent and gross negligence, for injury to life, body or health, under the German Product Liability Act and to the extent of any guarantee assumed.

In the event of a slightly negligent breach of a material contractual obligation, liability is limited to the foreseeable damage typical for this type of contract. Material contractual obligations are those whose fulfilment makes the proper performance of the contract possible in the first place and on whose observance the customer may regularly rely.

In all other respects, liability for slight negligence is excluded.

The above provisions also apply in favour of the provider's legal representatives and vicarious agents.

The provider may temporarily suspend access or individual device licences if there are specific indications of a breach of these GTC, of misuse of credentials or licence keys, or of a threat to the security of the platform. This includes the automatic blocking of a device's licence in the case of highly conspicuous query patterns; the block remains until the provider releases the licence again. In doing so, the provider takes the customer's legitimate interests into account and informs the customer of the suspension, in the case of an automatic block without delay by email to the customer's administrators. If you write to info@webpx.de, a person reviews the block. In the event of serious or repeated breaches, the provider is entitled to extraordinary termination.

Information on the processing of personal data is contained in the privacy policy. Where the provider processes personal data on behalf of the customer, such as fleet data or details of the users in the customer's company, the data processing agreement pursuant to Art. 28 GDPR applies, which is published at https://forkscan.pro/en/avv as an annex to these GTC. It becomes part of the contract when the contract is concluded; this also applies to the trial period.

The provider may amend these GTC with effect for the future where this is necessary for valid reasons, such as changes in the law, new features or to close regulatory gaps, and the customer is not unreasonably disadvantaged as a result.

The customer will be notified of changes in text form at least six weeks before they take effect. If the customer does not object within this period, the changes are deemed accepted. The customer may also terminate the contract in text form with effect from the date on which the changes take effect. The provider refunds pro rata any fees paid in advance for the period after this termination takes effect. The provider will specifically point out the consequence of not objecting and this right of termination in the notification. If the customer objects, the contract continues under the previous terms; the provider may then terminate it with effect from the end of the current billing period.

Changes to the main performance obligations and to the fee require the customer's express consent.

The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

If the customer is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract is the provider's registered office.

Should individual provisions of these GTC be or become invalid, the validity of the remaining provisions remains unaffected.

If you have any questions about these GTC, you can reach us at:

Phone: +49 (0) 3744 3515905 Email: info@webpx.de