Provider: David Murad · Altenessenerstr. 399, 45326 Essen · info@rent4pro.app
§ 1 Scope of Application
- These General Terms and Conditions ("GTC") govern all agreements between David Murad (hereinafter "Provider") and business customers (hereinafter "Customer") for the use of the Software-as-a-Service solution "Rent4Pro" (hereinafter "Software" or "Service").
- Rent4Pro is exclusively intended for business customers (B2B) within the meaning of applicable commercial law. Use by consumers is excluded.
- Deviating conditions of the Customer shall not be recognized unless the Provider expressly agrees to their validity in writing.
§ 2 Subject Matter and Scope of Services
- The Provider makes the software "Rent4Pro" available to the Customer as a cloud-based SaaS solution. The Service includes:
- Vehicle fleet management (vehicle data, status, photos)
- Driver management (profiles, driving license data, documents)
- Contract processing including digital handover and return protocols
- Damage documentation with photos
- Offline operation of the mobile app: vehicles, drivers and settings are also stored on the device; contracts and damages can be recorded without a connection and are transmitted once reception is available
- PDF generation for rental contracts, invoices, receipts and handover and return protocols
- Reading driving licenses and ID documents with the camera (text recognition on the device)
- Reservations, cost and financial reports, activity history
- Optional: online payment via payment link (§ 2a)
- Optional: public booking page for renters (§ 2b)
- Offline operation applies only to the mobile app and only to the extent described. The first start and sign-in require an internet connection. Functions that depend on third parties or the server require a connection, in particular online payment (§ 2a), the booking page (§ 2b), sending e-mails and synchronization with other devices. The web dashboard does not store data for offline use and requires an internet connection. Until transmitted, data recorded offline exists only on the device; the Customer shall ensure it is transmitted once the connection returns before deleting the app or replacing the device.
- The Provider operates the underlying infrastructure on Firebase (Google Cloud Platform, EU data centers in regions eur3 and europe-west1). All data remains within the EU/EEA.
- The Provider makes the Software available within the agreed availability parameters. There is no entitlement to uninterrupted, error-free availability. Planned maintenance windows will be communicated to the Customer in advance where possible.
- Not included in the scope of services: setup and configuration at the Customer's premises, training, individual customizations, as well as the Customer's hardware and internet connectivity.
§ 2a Online Payment (Payment Links, Deposit)
- Online payment is an optional function. It requires the Customer's own account with the payment service provider Stripe (Stripe Payments Europe, Ltd., Ireland). The Customer sets up the account directly with Stripe, and Stripe's terms apply to it. The Provider is neither a payment service provider nor a party to the payment relationship between Customer, renter and Stripe.
- Payments by renters go directly to the Customer's Stripe account. The Provider does not receive or hold funds and charges no commission on renters' payments. Stripe's fees are borne by the Customer in relation to Stripe.
- In relation to their renters, the Customer is solely responsible for prices, invoices, refunds, chargebacks and payment disputes. Where used, the deposit is only taken as a card authorization (reservation of the amount); depending on the card, such a reservation expires after about seven days. The Provider gives no assurance that a deposit remains secured until return or can be collected.
- Payment and deposit status in the Software are based on notifications from Stripe. The Provider is not responsible for delays, outages, restrictions or suspensions of accounts at Stripe. The Provider may restrict the function in case of misuse or if Stripe restricts the Customer's account.
- The Provider does not provide legal, tax or payment advice.
§ 2b Public Booking Page
- The public booking page is an optional function. It requires online payment under § 2a and can be switched on and off by the Customer at any time in the settings. It shows the bookable vehicles maintained by the Customer (with a daily rate) and their availability, which results from the contracts and reservations in the Customer's tenant. The address of the booking page remains unchanged after first activation.
- The rental agreement is concluded exclusively between the Customer and the renter. The Provider only supplies the technology and is neither an intermediary nor a party to the vehicle rental.
- The Customer is responsible for the accuracy of vehicle data, prices and availability, for their rental terms, their provider identification, the information on withdrawal, cancellation and data protection towards renters, and for checking the driving license and identity at handover. Bookings made outside the Software (e.g. by phone or on paper) must be entered promptly by the Customer; the Provider is not liable for double bookings resulting from this.
- For renters' data collected through the booking page, the Customer is the controller within the meaning of the GDPR; the Provider processes it as a processor (§ 7).
- The Provider may block the booking page if it is used unlawfully or the requirements of § 2a are no longer met.
§ 3 Contract Formation and Tenant Setup
- The contract is concluded upon the Customer's registration through the channels provided by the Provider (app, website, or direct) and confirmation by the Provider.
- After contract conclusion, the Provider sets up an isolated tenant environment for the Customer. All customer data is stored under a unique tenant ID and completely separated from other customers.
- The Customer designates a responsible administrator who is responsible for managing user access within the tenant.
§ 4 Rights of Use
- The Provider grants the Customer a non-exclusive, non-transferable right of use limited to the booked vehicle quota for the duration of the contract. The number of vehicles the Customer can create results from this quota.
- The Customer may not:
- Sub-license, rent, or transfer the Software to third parties
- Decompile, disassemble, or otherwise reverse-engineer the Software
- Use the Software for unlawful purposes
- Use the Software beyond the booked vehicle quota
- The Customer may create sub-users (employees, dispatchers, drivers) for their tenant and is responsible for their actions.
§ 5 Customer Obligations
- The Customer is obligated to keep access credentials (particularly passwords) confidential and to prevent unauthorized access.
- The Customer bears responsibility for all data recorded under their tenant and its legality. The Customer ensures they are authorized to capture and process driver data (name, contact details, date of birth, and driving license and ID number with validity).
- The Customer undertakes not to misuse the Software and not to impair the operation of the Service.
- Technical disruptions must be reported to the Provider without delay.
§ 6 Fees and Payment
- The fees are governed by the Provider's price list valid at the time of contract conclusion.
- If the Customer changes the number of booked vehicles during the contract term, the fees adjust accordingly. In the case of an increase, the pro-rata additional fee for the current billing period becomes due immediately and is charged to the payment method on file. In the case of a decrease, any amount already paid will not be refunded; instead, the pro-rata credit for the current billing period will be applied against the next invoice.
- Newly registered Customers receive a free trial access of 15 days with all features upon first activation. In addition, the Provider may grant a free trial access with a fixed end date. Any trial access ends automatically on that date; if no paid subscription has been taken out by then, access is blocked and re-enabled once a subscription is taken out. The recorded data is retained during the block and treated in accordance with § 10 (4).
- Unless otherwise agreed, fees are due monthly in advance. Billing is by direct debit or by invoice with a payment term of 14 days.
- In the event of payment default, the Provider is entitled to block access to the Software and to charge default interest in accordance with applicable law.
- Price increases will be communicated to the Customer in writing at least 6 weeks before they take effect. In this case, the Customer has the right to terminate the contract with effect from the date the increase takes effect.
- The Provider is a small business within the meaning of § 19 UStG (German VAT Act). No value added tax is charged or shown; the stated prices are final prices.
§ 7 Data Protection and Data Processing Agreement
- The Provider processes personal data on behalf of the Customer in accordance with the EU General Data Protection Regulation (GDPR). The details are governed by a separate Data Processing Agreement (DPA), which forms part of the contract.
- The Provider processes only the personal data necessary for the provision of the Service (in particular driver data, contract data, damage photos, and, when the booking page is used, renters' contact data). Reading driving licenses and ID documents takes place exclusively on the user's device; the photo taken for this is not transmitted to the Provider.
- Independently of this, the Provider processes operating and usage data of the Customer's users under its own responsibility (time of last use, device model, operating system and app version, browser). The purpose is operation, security, support and further development (Art. 6(1)(f) GDPR). No hardware identifiers and no location data are collected. The Customer informs their users accordingly.
- The Provider implements appropriate technical and organizational measures (TOMs) to protect the data, including in particular:
- Encryption of data transmission (TLS)
- Tenant isolation at the database level
- Role-based access control (Admin, Dispatcher, Driver)
- Error tracking via Sentry without IP disclosure (IP anonymization active)
- The Provider uses the following sub-processors: Google LLC (Firebase – database, authentication, storage; EU regions eur3 and europe-west1), Vercel Inc. (hosting of the web application in Frankfurt am Main, bot and abuse protection), Resend (sending e-mails via the EU region in Ireland, e.g. contract documents and booking confirmations), Stripe Payments Europe, Ltd. (processing of the subscription; for online payment under § 2a Stripe is the Customer's contractual partner), Sentry (error tracking, configured for GDPR compliance). Where data is transferred to the USA in this context, this is based on the EU-US Data Privacy Framework or the EU Commission's standard contractual clauses.
- The Customer remains the controller within the meaning of the GDPR for the personal data they enter. The Provider acts as the data processor.
§ 8 Availability and Support
- The Provider targets a monthly availability of 99% (measured on a monthly basis, excluding planned maintenance windows).
- Fault reports are accepted during business hours (Monday–Friday, 09:00–18:00 CET, excluding German public holidays) by email.
- A right to a specific response time or to fault rectification within a specific period exists only if expressly agreed in writing.
§ 9 Limitation of Liability
- The Provider is liable without limitation for intent and gross negligence, and for damages arising from injury to life, body, or health.
- In cases of simple negligence, the Provider is only liable for the breach of a material contractual obligation (cardinal obligation), limited to the foreseeable, contract-typical damage. In this case, liability is limited to the fees paid by the Customer during the liability period (maximum 12 monthly fees).
- Any further liability of the Provider – in particular for lost profits, indirect damages, or data loss due to inadequate data backup by the Customer – is excluded.
- The Customer is responsible for their own data backup to the extent this is not expressly part of the agreed scope of services.
- For third-party services over which the Provider has no influence (in particular payment service providers, app stores, network operators), the Provider is liable only in accordance with the preceding paragraphs and only to the extent it is responsible for the disruption.
§ 10 Term and Termination
- The contract runs for an indefinite period and can be terminated by either party with 30 days' notice to the end of the month, unless a different minimum period has been agreed.
- The right to extraordinary termination for good cause remains unaffected. Good cause for the Provider exists in particular if the Customer is more than two monthly fees in arrears or uses the Software in breach of these GTC.
- After contract termination, the Provider will provide the Customer with a data export (in a common format) upon request. Deletion of all customer data will occur no later than 90 days after contract termination, unless statutory retention obligations apply.
§ 11 Amendments to GTC
- The Provider reserves the right to amend these GTC with a notice period of at least 6 weeks. Amendments will be communicated to the Customer by email.
- If the Customer does not object within 4 weeks of receiving the notification, the new GTC will be deemed accepted. This right will be expressly noted in the notification.
- In the event of an objection, the Provider may terminate the contractual relationship with effect from the date the amendments take effect.
§ 12 Intellectual Property
- All rights to the Software, including source code, design, trademarks, and logos, remain with the Provider. The Customer acquires only the right of use described in § 4.
- Data contributed by the Customer remains the Customer's property. The Provider receives the right to process this data exclusively for the purpose of providing the Service.
§ 13 Final Provisions
- Governing Law: The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
- Jurisdiction: The exclusive place of jurisdiction for all disputes arising from this contract is Essen, provided the Customer is a merchant, a legal entity under public law, or a special fund under public law.
- Severability: Should individual provisions of these GTC be or become invalid, the validity of the remaining provisions shall remain unaffected. The invalid provision shall be replaced by a valid provision that comes closest to the economic purpose of the invalid provision.
- Written Form: Amendments and supplements to this contract require written form. This also applies to the waiver of the written form requirement.