General Terms and Conditions for Products and Services of DongleApps SA

• Specific Conditions for an Intervention

Version 1.6, valid as from 01/10/2026

1. Object, definitions and scope

The nv DONGLEAPPS (referred to hereafter as 'DongleApps') with company number BE 0632.575.701 and registered office at Elsegemplein 25b in 9790 Wortegem-Petegem, Belgium, develops and commercialises appliances with sensors and data connection (referred to hereafter as 'Product' or 'Product') that send data (referred to hereafter as 'Communication') in real time to servers administered by DongleApps (referred to hereafter as 'Cloud'), where the sensor data are further enriched and revised (referred to hereafter as 'Data Processing') to make the resulting information available by way of smartphone, tablet, PC and similar devices (referred to hereafter as 'Application'). The Communication, Cloud, Data Processing and Application, which are necessary to use a Product, form a single unit (referred to hereafter as 'Services').

These General Terms and Conditions form a contract (referred to hereafter as 'Contract'), which is binding for the parties, i.e. DongleApps on the one hand, and the person or enterprise who or which purchases a Product and Subscription (referred to hereafter as 'Client' or 'Client-Consumer') on the other hand. The provisions regarding consumer protection of these General Terms and Conditions are only applicable to natural persons dealing for purposes outside their commercial, business, trade or professional activities (hereafter referred to as 'Client-Consumer').

The Client ensures that the End user agrees with these General Terms and Conditions. The ‘End user’ is any natural or legal person who by direct or indirect action of the Client uses or undergoes the operation of the Services and Products.

The Client is offered various combinations of Products and accompanying Services, which may or may not be under a different brand name, to provide a solution for problems such as assisting less experienced drivers, administering trips, etc.

A valid subscription (referred to hereafter as 'Subscription') is required to use a Product with its accompanying Services.

The websites at www.rookiedongle.com and www.prodongle.com (and any websites having country or generic extensions such as www.rookiedongle.be, www.prodongle.be, etc.) comprise an online store of Products and Subscriptions; the Client Space to activate Products, to administer Subscriptions and to consult documentation; it also includes the application (this entire set is referred to hereafter as 'Website').

Subject to any express provisions to the contrary, these General Terms and Conditions shall apply to all Products, Services and Subscriptions that DongleApps develops and sells.

No derogation from these terms and conditions whatsoever shall be allowed without the advance written permission of DongleApps.

DongleApps reserves the right to amend these General Terms and Conditions at any point in time without any advance notification. The amendments shall apply to any orders for Products or Subscriptions that have been placed once the amendments have been made. Amendments for Products and Subscriptions already sold shall apply as from the moment at which the Subscription is renewed.

The latest version of the General Terms and Conditions are on the Website.

2. Orders

2.1 Purchase Order

If Products and Subscriptions are ordered by a purchase order, DongleApps shall confirm the order by email and include a summary of the order and of the price, including all taxes. Such confirmation may be in the form of an invoice.

2.2 Online

If Products and Subscriptions are ordered on the Website, the Client shall be responsible for choosing the correct Product and Subscription and for providing the correct data (name, email address, delivery and invoicing address, VAT number). After it has been confirmed, the Client shall be given a summary of the order and of the price, including all taxes and he, she or it must expressly accept these General Terms and Conditions. DongleApps shall confirm the order by email and send a summary of the order and of the price, including all taxes.

2.3 Email or telephone

If Products and Subscriptions are ordered by email or by telephone, DongleApps shall confirm the order by email and include a summary of the order and of the price, including all taxes. Such confirmation may be in the form of an invoice.

2.4 Agreement with General Terms and Conditions

By placing an order, the Client expressly agrees with these General Terms and Conditions and undertakes to duly respect them. Subject to express and advance derogation, these General Terms and Conditions shall replace any other agreement.

2.5 Admission to the Client Space

Upon first order, DongleApps sends the Client an email containing information that enables him, her or it to log in to the Client Space on the Website.

2.6 Suspension

DongleApps reserves the right to suspend or refuse the order. In such a case, DongleApps can refuse the Client access to the Client Space on the Website.

2.7 Delivery

If there is any delay in delivery, DongleApps can only be held liable where the delay is attributable to DongleApps.

Delivery periods are indicative. Subject to mandatory statutory provisions, including those for the protection of the Client-Consumer, exceeding a delivery period does not give a right to compensation and does not give a right to suspend payment.

2.8 Invoicing and dispatch of materials

DongleApps may invoice the part of an order relating to materials, Products or other goods separately from the part relating to Services or Subscriptions.

DongleApps may dispatch the materials, the Products or the other goods only after the invoice relating to them has been paid.

The goods belonging to this invoice remain the property of DongleApps until full payment has been received.

The risk of loss of or damage to the materials, the Products or the other goods passes to the Client upon delivery.

DongleApps may require an advance or full payment in advance before performing an order or any other performance.

3. Right to withdraw online purchases

The Client-Consumer has the right to inform DongleApps that he, she or it withdraws an online purchase through the Website without needing to pay a penalty or needing to give any reason for doing so. The Client-Consumer may withdraw the purchase within a period of 14 (fourteen) days as from the day following the Product and Subscription that he, she or it has ordered online or, if the Client-Consumer has only ordered the Subscription, as from the day following the online Subscription order.

If this period expires on a Saturday, a Sunday or a public holiday, then such period is extended to the next working day.

The Client-Consumer must log in to the Client Space on the Website and cancel the order to exercise this right of rescission.

If exercising the right of rescission relates to a Product that has already been delivered, then the Client-Consumer must return the Product in perfect condition and, if possible, in the original packaging, with all its accessories, user manuals and documentation.

If exercising the right of rescission relates to a Subscription, then the Client-Consumer can only exercise the right of rescission if he or she has not yet used the Product (for a new Subscription) or if the new period of the Subscription (for a renewal) has not yet started.

DongleApps shall pay the amount to which the Client-Consumer is entitled within a period of 14 (fourteen) days as from the date of the return. The Client-Consumer shall be liable for the costs for the return and for the Subscription already commenced.

This provision regarding the right to withdraw purchases is exclusively applicable in relation to the Client-Consumer. In relation to other Clients, the purchase will be final with no possibility of withdrawal.

4. Subscription

4.1 Product

The Customer has the choice, either to purchase the Product whereby the purchase price of the Product is paid when ordered, or to have the Product provided as a rental, whereby the price for the use of the Product is invoiced to the Client prior to the use.

If the Client opts for the Product provided as a rental, he commits himself for a period that is equal to the term of the Subscription as stipulated in article 4.2, after which the provision of the Product is tacitly renewed in accordance with the arrangement for the Subscription as provided in article 4.3.

The price of making the Product available as a rental is billed as part of the Subscription.

4.2 Subscription

Every Product is delivered with a Subscription for a fixed period.

DongleApps offers two Subscription formulas:

• On the one hand, the Client can subscribe an annual Subscription tacitly renewed after each period of one year pursuant to Article 4.2.
• On the other hand, the Client can subscribe a Subscription for a period that is a multiple of 12 (twelve) months, tacitly renewed for the same duration after the end each period, pursuant to Article 4.2 (referred to hereafter as 'Multi Year Subscription').

The Subscription is invoiced in advance for the full duration of the Subscription or each time for a sub-period of the Subscription, with a minimum of 3 (three) months as agreed upon conclusion of the contract.

If the Client opts for having the Product provided as a rental, the Subscription starts at the moment that the Product is delivered by DongleApps to the Client. If the Client opts for a one-off purchase of the Product, the Subscription starts the moment the Product is delivered, unless otherwise agreed.

Since the activation is dependent on the mobile telephony operators responsible for the Communication, DongleApps cannot be held liable for any delay in activation caused by the aforementioned operators. The Client can monitor activation via the Client space of the Website.

4.3 Tacit renewal

4.4 Price change

DongleApps reserves the right to change the rate of the Subscription at the end of every subperiod of the Subscription.

4.5 Termination

Pursuant to Article 4.2., the Client can terminate the annual Subscription until 14 (fourteen) calendar days before the end of the annual Subscription by sending the Client service an email. The Product number to which the Subscription applies must be expressly stated in the email. The email must be sent from an email address that is known at DongleApps and that belongs to a Client Space Administrator.

Likewise, the Customer may terminate the Multi Year Subscription at the end of the contract period following the procedure described above. However, it cannot be terminated during the contract period. In the event of early termination, all present and future amounts under the Multi Year Subscription remain due and will be immediately due and invoiced by DongleApps.

Unless stated otherwise, the Subscription shall remain active until the end of the current period and no Subscription repayment can be made for the current period.

The respective provision shall not prejudice the termination terms and conditions of the Contract, which are laid down in Articles 6.2, 6.3, 6.4 and 13.

5. SIM card and loss or theft

Regardless of the Subscription chosen, the Client shall be given a (virtual) SIM card without an allocated telephone number as part of the Product, with which data can be forwarded between the Product and the Cloud..

DongleApps shall continue to be owner of the SIM card that the Client receives for the entire course of the Subscription. For the entire duration of the Subscription, the Client undertakes not to remove, copy, sell, cede, rent out, destroy or damage the card or to (have someone) use it for any purpose other than for the Communication. DongleApps shall deactivate the SIM card after the Subscription has expired. The Client ensures compliance by the End user in this regard.

Regardless of the Subscription chosen, the Client shall be the owner of the Product

The Client undertakes that if the Product is lost or stolen, he, she or it shall report this immediately to DongleApps, and shall include a copy of the official report drawn up by the police and a copy of the Client's identity card. DongleApps shall then suspend the Client's SIM card as quickly as possible. However, the Client shall continue to owe the subscription costs to DongleApps until the end of the current Subscription. DongleApps shall not be liable for the consequences of an incorrect report or a report by a third person who has assumed the identity of the Client.

6. Contract

6.1 Commencement

The Contract between parties is formed as from the moment that the purchase order is signed, as from the confirmation by email is sent to the Client, as from the moment that a Product has been delivered or has been activated, whichever one of these actions took place first.

6.2 End

The Contract shall be terminated automatically at the end of the last Subscription.

6.3 Termination at the Client's initiative

The Client must terminate the Contract by registered letter with acknowledgement of receipt, addressed to DongleApps, and must state the reason for the termination. If the Client terminates the Contract, any Subscriptions still running shall be terminated and there shall be no possibility of any repayment of the subscription money for the remaining period.

6.4 Termination at the initiative of DongleApps

DongleApps can terminate the Contract without notice period or payment if the Client remains in serious or recurrent default of observing his, her or its contractual obligations or if he, she or it is requested to do so by the competent authorities.

6.5 Admission to the Client Space

When the Contract is terminated, DongleApps can refuse the Client access to the Client Space on the Website.

7. Parties' obligations

The Client undertakes to provide DongleApps with correct information (contact data, etc.) and to notify DongleApps immediately of any change to such information, for example, a change of address, email address, telephone number and so on. If the Client omits a written notification to DongleApps regarding a change of (email) address, all communication will nonetheless be considered to be sent lawfully by DongleApps and thus received by the Client if sent to DongleApps’ last known (email) address.

The Client undertakes to state his, her or its contact details in any correspondence with DongleApps to facilitate the authentication and treatment of his, her or its application. DongleApps shall consider only full and complete applications.

The Client must ascertain whether his, her or its equipment is compatible with the technical specifications of the Product.

The Client undertakes to conform to any prescriptions relating to the configuration and use of the Product and to consult the documentation as soon as this appears to be necessary.

The Client undertakes to comply with his payment obligations and to regularly consult the Client Space on the Website in order to take note of any new messages and information provided by DongleApps.

The Client undertakes to keep his payment method active and working, such as in the case of direct debit, payment via credit card, PayPal or other payment method. If the chosen payment method no longer works and/or is no longer offered by DongleApps, the Client is obliged to choose another automatic payment method within a period of 14 days, in the absence of which DongleApps is entitled to suspend and/or terminate the service pursuant to article 6.4.

The Client agrees that DongleApps shall remotely update the Software integrated in the Product and that it makes decisions on the evolution of the technical specifications of the Product and of the communications technology that is used as it deems fit, without any additional costs for the Client.

The Client agrees that it shall receive invoices electronically.

DongleApps undertakes, to the extent that it can reasonably do so, to guarantee the proper functioning of the Product and of the accompanying Services in the countries of the European Union and to take the measures necessary to preserve the continuity and high quality of such Services. Unavailability of networks or of third parties is not included therein, as provided in Article 8.

The Client explicitly recognizes that DongleApps has complied with all the obligations regarding information as provided for by the Code of Economic Law and that her General Terms and Conditions are permanently en clearly accessible on the Website (by no means exhaustive: DongleApps’ identification data, the order process, price indications, right to withdraw online purchases, ...).

By purchasing goods and service through DongleApps’ Website, Clients declare to be above the age of 18 years and acting in full legal capacity and competence to purchase goods and services from this Website.

8. Parties' liability

The contractual obligations of DongleApps shall be obligations to perform to the best of its ability.

DongleApps shall not be liable if the fact that its obligations are not performed or are performed inadequately is attributable to the Client or to technical conditions beyond the control of DongleApps.

It is expressly agreed that the functioning of the Product and accompanying Services shall be based on technologies that are developed and operated by third parties where DongleApps does not have at its disposal any means of intervention whatsoever. DongleApps shall therefore not be liable if there is a disruption or reduced quality of the service due to a problem with sub-suppliers or suppliers, such as mobile phone operators who assume responsibility for the Communication, the supplier who is responsible for the Cloud, the supplier who delivers the external data for card and maximum speed allowed, vehicle manufacturers, etc.

DongleApps shall not be obliged to guarantee the functioning of the Product and accompanying Services in the case of force majeure incidents or incidents that are totally beyond its control, such as strikes, bad weather conditions, war, embargoes, electricity grid or internet defects, satellite defects or mobile phone operators who do not duly observe their obligations.

Force majeure also includes circumstances that make performance of the Contract excessively burdensome, including default by suppliers, the unavailability of networks, shortage of materials and government measures. Subject to mandatory statutory provisions, including those for the protection of the Client-Consumer, the Client's obligation to pay continues to exist in those cases.

Subject to mandatory statutory provisions, including those for the protection of the Client-Consumer, unavailability of networks or of third parties is not a ground for early termination of the Contract and does not give a right to compensation.

The Client shall recognise and accept that the mobile phone network of the mobile phone operators and the SatNav network do not cover some parts of the territory, which means that access to the Service there is disrupted.

Furthermore, the Client declares that he, she or it is conscious of the fact that the Service partly operates on the basis of information that DongleApps receives from the persons using its Services and from third persons. Consequently, DongleApps can in no case whatsoever be held liable if the information that it receives from those using its Services or from third persons is incomplete, has expired or is incorrect. In this regard, the Client shall recognise that the information that is forwarded via the Application is formulated under all reservation.

Location, trips, times, wages, registrations and other output of the Products and Services are indicative. The Client must check that output before attaching legal or financial consequences to it, in particular before a wage calculation, a wage payment or an invoice that the Client draws up for its own customers. DongleApps is not liable for wage corrections, social contributions, or for claims of employees or of customers of the Client arising from the use of that output. This exclusion does not apply to an error in an invoice that DongleApps itself addresses to the Client. That invoice remains subject to Article 11 and Article 17. DongleApps corrects an undue charge.

DongleApps can in no case whatsoever be held to compensate for any direct or indirect damage that the Client suffers when using the Products and accompanying Services, including the operational losses and trade losses and, broader still, any damage whatsoever that does not exclusively and directly arise from a failure on the part of DongleApps. The exclusion of indirect damage also applies where DongleApps was previously informed of the risk.

Whatever the case, the liability of DongleApps by virtue of the Contract cannot exceed the amount of the sums that the Client has paid during the past 12 (twelve) months.

The Client shall be the sole person responsible for any incorrect use of the Product.

The Client shall be the sole person liable for installing, operating and maintaining his, her or its vehicle, the proper functioning of which is an essential condition for the proper functioning of the Product.

The Client shall recognise that the functioning of the Product can be influenced by an incorrect act on the part of the Client or by the proximity of equipment causing electro-magnetic disruptions.

Subject to mandatory statutory provisions, including those for the protection of the Client-Consumer, any extra-contractual liability of DongleApps is excluded for damage arising from the non-performance or the defective performance of an obligation under the Contract. The Client can claim that damage only within the contractual liability of these General Terms and Conditions. The cap equal to the sums that the Client has paid during the past 12 (twelve) months also applies to an extra-contractual claim that remains available on the basis of mandatory law.

'Auxiliary person' means any natural person or legal person whom DongleApps engages in the negotiation, the formation or the performance of the Contract, including directors, employees, members of management, trainees, self-employed collaborators and freelancers, subcontractors and the auxiliary persons of those subcontractors.

To the extent permitted by law, the Client shall direct any claim for compensation for damage relating to the Contract, the Products or the Services exclusively to DongleApps. An auxiliary person is not liable for damage in the performance of the Contract, nor for extra-contractual damage caused in doing so. The auxiliary person may invoke against the Client the same defences, exclusions, limitations and caps as DongleApps under these General Terms and Conditions, as well as the defences arising from the agreement between the auxiliary person and DongleApps.

An auxiliary person cannot rely on the previous paragraph in the case of an intentional fault, or where the damage consists of an impairment of physical or psychological integrity.

Article 18 of the Act of 3 July 1978 on employment contracts continues to apply in full to employees.

These General Terms and Conditions do not limit the liability of directors further than the Code of Companies and Associations allows. They do not entail a prior indemnification of directors by DongleApps, neither vis-à-vis DongleApps nor vis-à-vis the Client.

9. CheckInAtWork and statutory attendance registration

9.1 Technical service provision

DongleApps offers, through its applications, functionalities that support the Client in carrying out attendance registrations, including registrations in the context of CheckInAtWork ("CIAW") with the National Social Security Office ("NSSO").

These functionalities constitute solely a technical aid. DongleApps acts in this respect as a technical service provider and facilitator and does not take over any statutory, social, tax or administrative obligations of the Client, employer, contractor, subcontractor or other person subject to a registration obligation.

The Client remains at all times personally responsible for compliance with the applicable statutory obligations regarding attendance registration.

9.2 Accuracy of data

The Client is responsible for the accuracy, completeness and currency of all data used directly or indirectly for an attendance registration, including data concerning persons, enterprises, sites, workplaces, identification numbers, WorkPlaceIds, times and other data required for the registration.

DongleApps is not liable for an incorrect, refused, missing or late registration that results wholly or partly from incorrect, incomplete, outdated or late data.

9.3 Automatic registrations

Where attendance registrations are initiated automatically on the basis of, for example, GPS data, geofences, vehicles, trackers, badges, QR codes, mobile applications, APIs or other technical detection mechanisms, the detection of a person, vehicle or event does not in itself constitute confirmation that a valid statutory attendance registration has been carried out.

A registration is regarded as successful only when the competent public authority or the external system concerned has successfully confirmed its processing.

9.4 Client's duty to check

The Client must check the status and the correct processing of its attendance registrations regularly and in good time.

In particular, the Client must take account of error messages, refused registrations, missing confirmations and other anomalies made available through the application and, where necessary, itself carry out the required registration or correction in good time.

The use of automatic registration functionalities does not release the Client from this duty to check.

9.5 External services

In order to carry out attendance registrations, DongleApps may depend on services and infrastructure of third parties, including public authorities, the NSSO, CheckInAtWork, authentication and identification services, telecommunications networks and external APIs.

DongleApps cannot guarantee the availability, continuity, response time or error-free functioning of such external services.

To the extent permitted by law, DongleApps is not liable for missing, incorrect, duplicate or late registrations resulting from the unavailability, delay, refusal, disruption, change or incorrect functioning of such external services or from circumstances beyond the reasonable control of DongleApps.

9.6 Availability of the service

DongleApps strives for a reliable and continuous functioning of its services, but does not guarantee that the CheckInAtWork functionalities will be permanently available, uninterrupted or entirely free of errors.

Technical failures, maintenance, network problems, changes to external interfaces, changes imposed by public authorities or other technical circumstances may temporarily affect the functioning.

If the automatic or electronic registration is unavailable, or if no successful confirmation of the registration is received, the Client remains responsible for complying in good time, where required, with its statutory registration obligations by another available method.

9.7 Statutory changes

The applicable regulations and the technical procedures or interfaces of public authorities may be changed.

DongleApps will make reasonable efforts to adapt its services to such changes, but does not guarantee that every statutory, administrative or technical change can be implemented in its services immediately.

The Client remains responsible for monitoring and complying with the statutory obligations that apply to it.

9.8 Liability and sanctions

Without prejudice to the other limitations of liability set out in these General Terms and Conditions, DongleApps is, to the extent permitted by law, not liable for administrative fines, sanctions, regularisations, social or tax consequences or other costs or damage arising from a missing, incorrect, duplicate or late attendance registration.

This exclusion does not apply to the extent that the liability of DongleApps cannot be excluded or limited under mandatory law that applies.

The general limitations of liability and liability caps set out in these General Terms and Conditions continue to apply in full to the CheckInAtWork functionalities.

10. After-sales guarantee and service

10.1 General provision

In accordance with the statutory guarantee for defective products, the Products that DongleApps puts on the market shall be guaranteed against any case of defective operation for a period of 24 (twenty-four) months as from the date on which they are delivered to the consumer. This guarantee covers labour, the loose spare parts and the functional accessories that are delivered in the Product packaging. The guarantee shall recommence whenever something is exchanged.

Current provision regarding the statutory guarantee is exclusively applicable in relation to Client-Consumers. Other Clients will be covered by a guarantuee against defects during a 12 (twelve) month period from the date of delivery. Exchanges as a result of the latter guarentee shall not lead to a recommencement of the period.

10.2 Limitation of the guarantee

The guarantee shall not apply to defects caused by an abnormal use. By way of clarification, the guarantee shall not apply in the cases below:

• attempt by an incompetent person to repair or remove the Product;
• damage pursuant to the use of accessories that do not meet the DongleApps specifications;
• carelessness, incorrect use, incorrect installation or damage intentionally caused by the user, any jolt to or fall of the Product;
• wear or ageing pursuant to abnormal use of the Product (including multiple plugging and unplugging of the Product);
• limited operation as a result of the lack of a valid Subscription.

10.3 During the Guarantee period

The Client must report to DongleApps by email any lack of conformity occurring during the guarantee period. If – after confirmation by DongleApps - the Client wants the Product repaired, the defective Product must be returned (without the box, accessories or user manuals) to a service address of DongleApps as stated in the confirmation e-mail of DongleApps.

Where appropriate, the Client shall take the sending cost for his, her or its account.

DongleApps undertakes that it shall repair the Product or replace it and return it (without the box, accessories or user manuals) to the Client within a maximum of 14 (fourteen) working days after it received the defective device.

DongleApps reserves the right to charge administrative and transport costs for a Product that does not display any defect whatsoever.

10.4 Outside the Guarantee period

The Client must report to DongleApps by email any defect occurring during the guarantee period. DongleApps shall make a financial proposal for the repairs. If the Client wants a defective Product repaired, he, she or it must return it, exclusively at the Client's expense, (without the box, accessories or user manuals) to a service address of DongleApps as stated in the confirmation e-mail from DongleApps.

11. Client services and complaints

The DongleApps Client services shall be available by email for questions relating to the products or services, technical assistance and after-sales service provision.

Complaints regarding invoicing, the products or services of DongleApps must constitute the subject-matter of a document sent by registered letter within a period of 5 (five) days after the invoice has been received or after the incident leading to the complaint occurred. Complaints shall not be considered if this is not done.

Subject to mandatory statutory provisions, including those for the protection of the Client-Consumer, a complaint does not suspend the obligation to pay.

DongleApps undertakes to respond to any complaints within a period of 30 (thirty) working days as from the date on which the complaint is received.

12. Licence to use the Software

The Product and accompanying Services function due to the software (referred to hereafter as the 'Software'), which was developed by DongleApps and of which it is the exclusive owner.

By using the Product and accompanying Services, the Client fully agrees with the user Licence, except for any derogation that DongleApps expressly approved in writing and in advance.

12.1 Rights granted

DongleApps shall allocate to the Client a personal, restricted, non-transferable and non-exclusive right to use the Software (referred to hereafter as the 'Licence'), subject to the terms and conditions outlined below:

• the Licence shall exclusively include the right to use the Software (including the documentation) for the duration of the Contract;
• the Licence does not include any transfer of ownership of the Software or of one of its elements (including the documentation) to the Client;
• the Client undertakes not to decompile, reproduce, translate, adjust, arrange or change the Software or the accompanying documentation, even if such actions were to be necessary to be able to use the Software in conformity with its intended use;
• the Client undertakes not to use the Software with any products other than the DongleApps Product;
• the Client shall waive any other act of transfer or of re-division of the Software or of sub-licensing of the Software without the express, written and advance agreement by DongleApps. If the Client wishes to sell his, her or its device, then he, she or it must report this to DongleApps, stating his, her or its contact details and including a copy of the Client's identity card and the purchaser's contact details.

DongleApps reserves the right to transfer its rights to the Software to third parties.

The Licence shall be terminated ipso jure and without any compensation if the Client breaches the Licence provisions.

In view of the fact that the Software requires personal data to be gathered and processed, the Licence shall also be terminated ipso jure if the Client exercises his, her or its right to delete the personal data in accordance with Article 13 of these terms and conditions.

12.2 Software updates

DongleApps may update the Software remotely from time to time to improve its performance and to correct any mistakes that are established while the Contract is being executed.

The Client undertakes to allow the Software to be automatically updated and not to interrupt the download and installation of the data that DongleApps forwards remotely.

The Client shall recognize that the Software and the Product may not function correctly during the updating process.

12.3 Guarantees on the Software

DongleApps shall guarantee the Client that the Software will function properly, to the extent that the Client correctly installs the updates.

However, DongleApps does not guarantee:

• that the functioning of the Software shall be uninterrupted and free of any defects, nor that any Software anomalies shall be corrected;
• that the Software shall be adjusted to the personal needs of the Client or for a specific use.

Moreover, DongleApps cannot be held liable for the loss of information or of data, nor for any other direct or indirect damage pursuant to the use of the Product and its accompanying Services.

12.4 Accounts, API, Integrations and MCP server

The Client is liable for any use of its login details and accounts, including where that use takes place without its knowledge.

Use of the Application, the API, Integrations and the MCP server is limited to normal and reasonable use. In the event of misuse, DongleApps may suspend access.

13. Personal data protection

DongleApps is data controller in the sense of article 4.7 of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (GDPR, hereafter) for the personal data of the client account, the invoicing and the call recordings. DongleApps determines the purposes and the means of the processing for those data.

For the personal data of End users which the Client causes to be processed via the Product, the Client is data controller in the sense of article 4.7 of the GDPR and DongleApps is data processor in the sense of article 4.8 of the GDPR. DongleApps processes those data only on the documented instructions of the Client.

Both Client and DongleApp commit themselves being compliant with the GDPR.

As data controller, DongleApps processes in particular:

• contact information of the user (name, first name, phone number, phone number, email address, etc.);
• data required for invoicing;
• call recordings, as provided in Article 14.

As processor, DongleApps processes the following data of End users:

• the identity number of the Product;
• data relating to geo-localisation by way of SatNav (including latitude and longitude, speed and direction);
• data relating to technical parameters of the vehicle, which are made available by means of the OBD2 protocol (including revolutions, speed, technical defect reports, voltage, etc.);
• data relating to movements via a motion sensor;
• identifications via personal identification methods (iButton, RFID, beacon, etc.) and CheckInAtWork;
• data regarding working hours via a time clock;
• data that are entered or amended via the API, Integrations or the MCP server;
• data entered into the Application by the DongleApp user (personal data, working hours, holidays, work orders, invoicing data, vehicles, assets, projects, planning, notes, locations, etc.).

DongleApp doesn’t process the personal data for any other purpose than the ones mentioned in the present terms and conditions.

Data that DongleApps processes as processor will not be transferred to a third party without the agreement of the Client unless Union or Member State law requires to do so. In this last case and before any transfer, DongleApp will inform the Client.

DongleApp is allowed by the Client to engage another processor that would be needed to the service. The Client can terminate the contract if such a processor doesn’t provide sufficient guarantees to implement appropriate technical and organizational measures in such a manner that processing will meet the requirements of the GDPR and ensure the protection of the rights of the user. The email must be sent from an email address that is known at DongleApps and that belongs to a Client Space Administrator. The Product number to which the Subscription applies must be expressly stated in the email.

The persons authorized to process the personal data have committed themselves to confidentiality.

Taking into account the nature of the processing and the state of the art, provide with appropriate technical and organizational measures to guarantee the appropriate security. DongleApp makes available to the Client all information necessary to demonstrate compliance with the obligations laid down in these terms and conditions and allow for and contribute to audits, including inspections, conducted by the Client at its exclusive expense or another auditor mandated by the Client at its exclusive expense.

In case of termination of the contact following the present terms and conditions, DongleApp will delete the data that it has processed as processor on behalf of the Client or make them anonymous. In this last case, the data will be used by DongleApp to improve the quality of the service or of its instruments/tools. DongleApp won’t be allowed to make any measure to identify the user from the anonymous data.

14. Recording of communications

14.1 After the formation of the Contract

DongleApps may record, retain and consult telephone conversations and other electronic communications with the Client and with the Client-Consumer as from the formation of the Contract.

By accepting these General Terms and Conditions, the Client and the Client-Consumer consent to that recording, retention and consultation.

14.2 Before the formation of the Contract

DongleApps may also record, retain and consult telephone conversations and other electronic communications with the Client before the formation of the Contract. By accepting these General Terms and Conditions, the Client consents to the retention and the use of those recordings in accordance with this article.

A conversation with a Client-Consumer before the formation of the Contract does not fall under the acceptance of these General Terms and Conditions. DongleApps records such a conversation only after the Client-Consumer has been informed that the conversation may be recorded.

14.3 Representatives of DongleApps

Employees and other representatives who communicate with the Client or the Client-Consumer act in the name and for the account of DongleApps and not in their own name. A conversation with a representative is a conversation with DongleApps. An order or other legal act through a representative is an order or legal act with DongleApps.

14.4 Purposes and use as evidence

The recordings are information intended for DongleApps. DongleApps uses them for the performance and the follow-up of the Contract, the handling of questions and complaints, internal use and as evidence in civil or criminal proceedings between DongleApps and the Client or the Client-Consumer.

Only persons who need the recordings for those purposes are given access to them, including the directors, the employees authorised to that end and the advisers of DongleApps.

This use is without prejudice to the statutory rules of evidence. Where the law requires a writing for a legal act above the amount determined by law, that writing remains required.

14.5 Limitation of the use

DongleApps does not make recordings public and does not disclose them to third parties for commercial purposes, sales purposes or marketing purposes. Disclosure takes place only insofar as necessary for the purposes of Article 14.4, to a processor responsible for the retention, or where a statutory obligation so requires.

DongleApps processes recordings in accordance with Article 13 and the applicable regulations on the protection of personal data and electronic communications.

15. Intellectual Property

DongleApps is the exclusive holder of all the intellectual property rights relating to the Product and accompanying Services.

DongleApps is also the sole owner of supports (server, etc) hosting the data that are automatically gathered by the Product or while the Client is using the accompanying Services.

The Client shall grant DongleApps the express permission to use these data in accordance with these terms and conditions and, more particularly, their article 13.

'DongleApps', 'RookieDongle' and 'ProDongle' are deposited brands belonging to DongleApps.

No provision whatsoever of these terms and conditions can be interpreted as constituting a transfer of an intellectual property right to these distinctive signs in the Client's favour or any third party.

16. Price

Price shall always be stated in euros and include VAT.

The price stated in the order confirmation shall be the definitive price, including VAT and any accompanying costs. Said price shall comprise the price for the Products and Subscription, the handling fees, packaging and storage costs of the Products and the dispatch costs.

The prices applicable to the order shall be the latest ones that DongleApps has communicated on the Website. The Products shall always be invoiced according to the rates applicable at the moment at which the orders are confirmed.

All prices on the Website can be changed at any moment whatsoever.

17. Payment terms and conditions

17.1 Payment terms and conditions for the Client

All invoices must be paid no later than on the due date. Any invoice that has not been paid on the due date shall be increased, ipso jure and without any advance notice or notice of default, on a monthly basis by 1% of the total amount, excluding VAT. In addition, compensation for damages in the amount of 15% of the invoice amount, the minimum of which shall be 25.00 euros , and the maximum 1,250.00 euros, shall be owed ipso jure and without any advance notice or notice of default. The Client shall be liable for any taxes and levies applicable.In the event of non-payment of the amount due on the due date, the customer shall be liable, ipso jure and without any notice of default, to pay interest on that amount at the rate of 12% per annum from the due date of the invoice until the date of full payment, plus liquidated damages at the rate of 15% on the invoice amount with a minimum of 125.00 euros per invoice. The non-payment of an invoice on the due date shall result in the immediate exigibility of all outstanding invoices, even those not due, without regard to the payment terms previously authorized. The payment without any reservation of a part of the invoiced amount constitutes acceptance of that invoice.

17.2 Payment terms and conditions for the Client-Consumer

The debt of the Customer-Consumer is recovered in accordance with the articles of Book XIX of the Belgian Economic Law Code of February 28, 2013. If the customer-consumer has not paid his debt by the due date, the following conditions shall apply:

• Interest on arrears shall be equal to the interest at the reference interest rate plus eight percentage points referred to in Article 5, second paragraph, of the Belgian Law of August 2, 2002, on combating late payment in commercial transactions. This interest shall be calculated on the amount still to be paid.
• the compensation due for late payment shall be:
  • 20.00 euros if the amount due is less than or equal to 150 euros;
  • 30.00 euros plus 10% of the amount due on the tranche between 150.01 and 500.00 euros if the balance due is between 150.01 and 500.00 euros;
  • 65.00 euros plus 5% of the amount due on the tranche above 500.00 euros with a maximum of 2,000.00 euros if the balance due is above 500.00 euros.

Subject to mandatory statutory provisions, including those for the protection of the Client-Consumer, DongleApps may suspend access to the Application in the event of non-payment. The cost of reactivation is for the Client.

18. Test Products

DongleApps reserves itself the right to make a Product available for specific Clients (hereinafter referred to as 'Test Product') during a test period that will be determined by DongleApps in its offer.

If the Test Product and/or associated accessories are not returned after repeated request by DongleApps and/or if the Test Product and/or associated accessories are damaged, DongleApps will have the right to invoice the Test Product and/or associated accessories to the Client.

The Test Product and/or associated accessories remain the exclusive property of DongleApps and the return can be requested by DongleApps at any time without having to provide any motivation.

The Client must send the return shipment of Test Product and/or associated accessories sufficiently protected so that no damage is possible. The Client is exclusively obliged to bear the costs of the return shipment and is exclusively responsible for the return shipment until receipt by DongleApps.

19. Third Party Terms of Agreement

The Application makes use of copyright binaries, services,and/or software licensed to the Application Provider by third parties. You agree to comply with the following third party terms of agreement when using the Application.

• HERE Location Platform Services Copyright ©️ 1987-2015HERE, HERE Location Platform Services and related content ("HERE API") isused at the backend at the Application Provider's servers to provide road-network context based on Your location data. The use is governed by terms and conditions at https://legal.here.com/en-gb/terms/here-end-user-terms. By using the Application You accept HERE's end-user terms, privacy policy andother end-user communications provided by HERE and/or as set forth at or linkedthrough https://legal.here.com/en/privacy/policy/us/and "report an issue" links for purposes of reporting e.g. privacyconcerns related to images.
• Google Maps API The Application uses Google Maps API and related services. The use is governed by terms given at https://developers.google.com/maps/terms. Google Maps is a trademark of Google Inc.

20. End User

The Client ensures compliance by the End user of the general terms and conditions.

The Client is in compliance, with all laws and regulations, including all data protection and telecommunications laws which are applicable to the Client’s use of the Services in the country in which it intends to use the Products and Services. When these laws and regulations are changed, the Client shall make timely adjustments necessary to ensure continued conformity. The Client ensures compliance of these laws and regulations by its End users.

The Customer is responsible of making relevant applications and registrations for consents, approvals, licenses and permits with the applicable governmental authorities or statutory agencies for such use of Products and Services. The Customer shall procure that its End users comply with any of the said local applications and/or registration requirements.

The Products and Services may not be used abusively or in any other illegal manner in violation of legal prohibitions applicable at the respective place of use. In particular, the Customer shall makes sure the End users do not use the Products and Services abusively or in any other illegal manner.

21. Confidentiality, assignment and set-off

The Client shall keep confidential the information received from DongleApps in the context of the Contract that must reasonably be regarded as confidential, during the term of the Contract and until one year after its end. This obligation does not apply to information that is or becomes public without fault of the Client, or that the Client must disclose on the basis of a statutory obligation.

The Client may not assign the Contract. DongleApps may assign the Contract to an affiliated company.

DongleApps may set off debts, including vis-à-vis a trustee in bankruptcy. This applies subject to mandatory statutory provisions, including those for the protection of the Client-Consumer.

Not exercising a right for some time is not a waiver of that right.

22. Miscellaneous provisions

In all the above-mentioned cases, DongleApps shall be represented by its Managing Director, who, in this capacity, elects the registered office as his domicile.

Any nullity of a provision of these terms and conditions shall not have the effect that the other provisions become null and void.

The General Conditions, their interpretation and their execution are governed by Belgian law with exclusion of the provisions of international private law. In case of dispute, the Courts of DongleApps's registered office have jurisdiction, without prejudice to DongleApps's right to apply to another Court which has jurisdiction according to the law at home and abroad.

All disputes before a court will be conducted in Dutch, unless otherwise chosen by DongleApps or agreed between parties.