Sixfold GmbH, incorporated under the commercial register, register no. HRB 735749 (hereinafter “Sixfold”) operates an internet-based platform for providing carriers (hereinafter “Data Provider(s)” or “Customer”) and shippers, other carriers, logistics providers, suppliers, goods’ recipients and anyone who wishes to provide data (hereinafter collectively “Data Subscribers”) with real-time visibility of the status and performance of their transports to increase their supply chain efficiency. For this purpose, Sixfold links location or status information that is provided by Data Provider, with shipment information provided by Data Subscriber.
Sixfold provides real-time transport visibility and predicts arrival times to you and other parties in the supply chain. To achieve that and increase supply-chain efficiency, Sixfold connects and analyses the data provided by all parties.
By using Sixfold you agree to all the terms below.
Sixfold grants to Customer for the duration of this Agreement a right to access the User Interface, APIs and integrations. Sixfold may introduce new releases, versions, updates and upgrades of the User Interface from time to time. In this case, the preceding sentence shall apply accordingly.
The system requirements that currently apply for the use of the User Interface are provided on the website of Sixfold.
Customer undertakes to use the User Interface and the Services solely for its own internal business purposes in accordance with this Agreement. Customer may not use the Service or results derived from it for other purposes than originally provided for, e.g. but not limited to creation of own map related profile, a database or a product. Customer may not use the Service for supervision of employees, person tracking etc.
Customer shall not be entitled to provide Third Parties access to the User Interface, neither for payment of a fee nor free of charge.
You get access to the Sixfold platform. You can use all services for all your internal business purposes, including future updates and additions of the platform.
In your account, you can see approximate locations of all your connected assets, and of the assets your subcarriers shared with you. Every user controls anytime which assets are visible to which parties.
In order to provide visibility of shipment status to Data Subscribers, the respective asset has to be connected to Sixfold and allocated to the shipment. During any given transport, the approximate location and some telemetry based data (e.g. temperature) of the allocated asset as well as shipment-related status information is made visible to Data Subscribers.
For Sixfold to work, license plates need to be allocated to shipments. If nothing is allocated, no data (position, ETA, status) is visible on the platform. All involved parties can allocate a license plate to a shipment. Allocated license plates are always verified by the system. Data is then only shared if the license plate allocation was correct and the asset actually carries out the respective shipment
Customer and Data Subscribers are alerted about visibility events. If the allocated asset cannot be on time for an (un-)loading appointment, the aforementioned parties will be informed about the expected delay based on their preferences, which allows them to react proactively. Similar alerts are shown to the Customer and Data Subscribers if the environmental conditions (e.g. temperature in the trailer) have been out of allowed bounds or the asset’s position cannot be retrieved by Sixfold’s tracking.
You and your customers are alerted when there is a possible delay or when we detect any other
problem — so you can react and take decisions in advance.
In order to provide the Customer and Data Subscribers with an objective perspective on performance and quality of service, both parties have access to reporting functionality that provides an aggregate picture of various performance metrics.
We provide you and your customers with analyses & reporting. Every carrier's performance is objectively rated by Sixfold and this rating may be made public.
In order for Sixfold to be able to provide these services and assure the quality and confidence of its predictions, continuous analysis of collected data has to be conducted also during the times when no shipment is assigned to an asset. By continuous analysis, better geofencing of loading and unloading stations and intermediary stops will be achieved. By aggregating data across all the datasets, continuous improvements to Sixfold advanced geo info dataset and routing maps are made. When rendering prediction analysis Sixfold is responsible for the correct calculation logic behind, not for correctness of the data received from the Data Sources.
In order to provide accurate ETAs and improve overall quality of service, Sixfold internally analyses GPS data of assets also when no shipment is ongoing.
The map material used for displaying the real-time information on the User Interface is taken from a Third Party provider. Customer is authorized to use the material only in terms of tracking & visibility for the tracing of the shipment. Any further use such as the translation, processing, changing or arranging of the data as well as the use of the data and any results received from the application for the purposes of setting up its own product such as, for example, geographical maps of Customer is not permitted. In case of any infringement of copyright or in case of any unauthorized extension of the use permitted by Sixfold, the Third Party provider as well as Sixfold shall have an immediate right to claim for compliance with the rules of use and safeguard provisions. Any provision of map materials is subject to changes which Sixfold cannot always influence.
Third Party material used for Sixfold services can only be used in terms of this agreement.
If you opt in to such knowledge sharing, Sixfold may match interested customers with you based on their shipping orders and the location history of your fleet.
Sixfold provides Customer API access to send visibility and shipment information into Sixfold or extract data from their Sixfold account for serving external Data Subscribers (companies who are not using Sixfold).
Customer may not use any of the Sixfold created or augmented data made available through such APIs for the development, production or provision of any product or database. This does not apply to information and data provided exclusively by Customer.
Customer prohibits external Data Subscribers and their visibility providers from building products or databases from data received from Sixfold and restrict it solely for providing visibility over particular shipments tracked on Sixfold for the Data Subscriber.
Sixfold allows every user to share visibility data (eg GPS positions, ETA) with their customers, even when those are not using Sixfold. This data should only be used for visibility and tracking purposes. Creating other services or databases based on this data is not allowed.
You can communicate with drivers through Sixfold. Whatever personal information you have in Sixfold for this purpose is not shared with anyone.
Sixfold may use the data from the Data Sources in an anonymized, aggregated form and share it with its partners for the purpose of improving and further developing its services including but not limited to features like improved ETAs, border crossing delays and dwell times. Any partners that Sixfold transfers data to, will have entered into agreements with Sixfold that are no less protective than this Agreement.
Sixfold may use anonymized and aggregated customer data to improve and further develop its services.
Customer grants Sixfold access to its Data Sources for the duration of this Agreement by providing the required Access Data for the purpose of the Services as described in Section II above. Hereby Customer ensures and warrants that all legal preconditions are complied with and that Customer is legally entitled to provide Sixfold with the Access Data and access to the data contained in the Data Sources in accordance with Section VI (Data Protection) below.
Sixfold may forward Customer data to Customer accounts on Third Party platforms. For this purpose Customer is required to store Access Data for such Third Party platforms on their Sixfold account.
By sharing data with Sixfold for the purpose of providing the services, you ensure lawfulness according to section VI.
Sixfold keeps your data confidential.
Sixfold doesn't use the access to your data sources for any illegal, unreasonable or irresponsible activities.
In order to provide the Services laid out in this Agreement, Customer agrees that Sixfold collects the following data for the following purposes from the Data Sources:
Real-time GPS positions, speed, bearing, planned routes, the telematics system’s Estimated Time of Arrival, and other similar position-related data of assets for predictive Estimated Time of Arrival analysis and providing of status notifications
Temperature and other similar environmental measurements for increasing the quality of service analysis
Additional, not person-related telematics information provided in the Data Sources for increased service offering by Sixfold
In case Customer wants to use Sixfold’s driver-dispatcher communication tools or provide transport tracking by phone, Customer agrees that Sixfold also collects contact data (name and phone number) of the drivers, inserted to the system by the Customer. Details can be found in Section VI (Data Protection) below.
In case Customer wants to provide more accurate CO2 consumption info or increase the accuracy of ETAs with data on mandatory breaks of the drivers, Customer agrees that Sixfold also collects the tachograph data of the vehicles.
Customer agrees that Sixfold will keep the collected data for 6 months after termination of this agreement in order to render reporting services as described in Section II (Services).
There are several types of data that - if made available to Sixfold - may be used to provide RTV services.
Sixfold grants to Customer for the duration of this Agreement a right to access the User Interface. Sixfold may introduce new releases, versions, updates and upgrades of the User Interface from time to time. In this case, the preceding sentence shall apply accordingly.
The system requirements that currently apply for the use of the User Interface are provided on the website of Sixfold.
Customer undertakes to use the User Interface and the Services solely for its own internal business purposes in accordance with this Agreement.
Customer shall not be entitled to provide Third Parties access to the User Interface, neither for payment of a fee nor free of charge.
You will have access to the Sixfold User Interface as long as this agreement is valid. You may only use your access for internal and agreed purpose.
Customer will have access to the User Interface by way of its Access Data. Customer agrees to keep its Access Data confidential. Customer undertakes to change its password on a regular basis.
Customer agrees not to enter information or data into the User Interface that could harm, interrupt, damage or improperly access other computer programs, systems and information.
Act responsibly regarding your access data and the inputs on our User Interface.
Customer may neither use the data provided in the User Interface for monitoring any Data Subject’s behavior nor for any other controls of any Data Subject. The use cases of the data are described conclusively in Section II (Services).
Further, Customer may not use the User Interface for illegal agreements among competitors, circumvention of any embargos or any other illegal activity. This applies also to attempting and to supporting such usage.
Customer may not use the User Interface for any purpose that is racist, discriminatory, obscene, indecent, hateful, malicious, pornographic, potentially damaging to minors, defamatory, libelous, fraudulent, treasonous, threatening, abusive, excessively violent, promotes the use of violence, or is otherwise harmful to others, unlawful or against official regulations or requirements. Customer will not use or save such data on the User Interface.
You may use our User Interface and the data of our platform only for agreed purposes.
Sixfold hereby grants Customer the right to use the User Interface and the APIs strictly for the purpose and duration of this Agreement. Beyond that Sixfold does not provide any licenses and/or right to any Intellectual Property (current and/or future) of Sixfold or any other third party.
Any and all Intellectual Property owned by Sixfold prior to the Effective Date shall remain the sole property of Sixfold. Any and all Intellectual Property that results from, is obtained or developed in connection with this Agreement and the provision of the Services after the Effective Date shall exclusively be owned by Sixfold.
Any intellectual property developed in connection with this agreement belongs to Sixfold.
Sixfold helps to optimize logistics processes of Customer as well as Data Subscribers. Sixfold carries out the efficiency optimization itself, with its affiliates or subcontractors in accordance with the terms of this Agreement and on the basis of the necessary data processing contracts, if any.
For the purposes of providing the Services under this Agreement, Sixfold collects, and processes and uses the data defined in Section I (Scope), Section II (Services), Section III (Data Sources) and set out below.
Sixfold processes data in accordance with applicable data protection laws and particularly GDPR. The focus is shipment-related data and processing of personal data is only done when necessary to provide the service.
Sixfold’s service is centered around shipment data, which is usually provided by your customer and not yourself.
Sixfold processes and shares data like license plates and GPS locations of assets to provide their service. You are responsible to inform your employees that this data is used for providing a real-time visibility service.
If communication with drivers is required for the RTV service, we may collect their contact data. This personal information is not shared with others.
Sixfold has state-of-the-art technical and organisational measures in place to ensure data security.
Customer will ensure that the data entered by its Users and/or provided by Customer or provided by third parties on behalf of Customer are allowed to be processed by Sixfold The Users of Customer may enter into the User Interface information concerning Data Subjects. Customer will take appropriate measures to provide any such Data Subject with the necessary information about the processing of their personal data in a concise, transparent, intelligible and easily accessible form, using clear and plain language and in accordance with Section 13 GDPR and other applicable data protection law. Such Data Subjects may include, in particular, contract partners of Customer without access to Sixfold’s Service or truck drivers. Customer is obliged to inform the Data Subjects about their rights according to applicable data protection law. Such rights may include, in particular, right of access, right to rectification, right to restriction of processing and right to object. Customer will ensure that the personal data entered by its Users are limited to the data permissible in accordance with the principle of data minimization.
Customer will ensure the compliance with all applicable data protection laws when using any personal data relating to, contained in or derived from the Service. This includes, in particular, the compliance with any legal requirements regarding any performance and/or behavior control of persons using the Service on behalf of Customer, including but not limited to any specific rules on the processing of employees' personal data in the employment context.
Customer will ensure that every Customer’s Establishment located outside of the European Economic Area concludes the EU Model Clauses with Sixfold or confirms its compliance with other appropriate safeguards permissible according to the applicable data protection law prior to obtaining an access to the platform unless Customer’s Establishment is located in a country with an adequate level of protection of personal data according to the decision of the European Commission.
If Customer becomes aware of any data security breach relating to theService, Customer will promptly inform Sixfold about such breach in appropriate manner. If the applicable law requires the communication of any personal data breach to Data Subjects or supervisory authorities and the data of Customer are concerned, the Parties will jointly coordinate the communication.
If Customer uses its own servers for data export via Sixfold interfaces, Customer is responsible for the ensuring of server security. This includes all measures to ensure the integrity, confidentiality and availability of information and information systems which are usual for the services of the same kind. Examples for such measures are access management, patch management, system hardening and encryption of data transmission.
For data collected on your side and transmitted to Sixfold, you will ensure correct data processing and compliance with applicable data protection laws.
All data which is entered by its Users and/or provided by Customer or provided by third parties on behalf of Customer is stored for future access and internal automated processing by Sixfold (e.g. improvement of Estimated Time or Arrival algorithms) only as long as the Customer or Data Subscriber has justified interest in receiving said data in order to satisfy the purpose of this Agreement. Sixfold will retain said data in a form attributable to the Customer for no longer than 24 months since receiving it from the Data Sources. Customer will ensure that the Data Subject’s consent as set out above covers the data storage as set out in this Section. In the event of termination of this Agreement, Sixfold will retain said data for no longer than 6 months.
Any data we receive is saved up to a maximum of 24 months. Regular deletion cycles every 6 months will ensure that data is deleted if this agreement is not in place anymore.
With regard to any data protection violation by Sixfold due to Customer failing to comply with its obligations under this Section VI (Data Protection), Customer will indemnify Sixfold in accordance with Section XII (Indemnification) below.
You own the data that you feed into Sixfold for processing. If you are not compliant with your data protection obligations, Sixfold is not responsible for the resulting data protection violation.
Sixfold is also bound to this agreement regarding the offered services, but is not liable for any defects that are caused by improper use or by modifications made by you.
Customer has the possibility to access the User Interface at any time with exception to
normal maintenance work which is necessary to keep the system up to date,
any updates or upgrades or
any other events such as intrusion, unauthorized misuse of the Services or governmental requests
which necessarily lead to temporary interruption of the Services.
You can use our User Interface almost at any time.
Insofar as not otherwise provided for herein, including the following provisions, Sixfold shall be liable according to the relevant statutory provisions in case of a breach of contractual and non-contractual duties.
Sixfold shall be liable for damages — irrespective for what legal grounds — in case of willful intent and gross negligence. With slight negligence, Sixfold shall only be liable
for damages from the injury to life, body or health and
for damages from the breach of a material contractual duty (i.e. those duties whose fulfilment is required in order to allow the contract to be duly performed and in relation to which Customer is entitled to regularly rely on for Services); in this case Sixfold’s liability is, however, limited to the reimbursement of the reasonably foreseeable, typically occurring damages.
Customer is aware that Sixfold has not created the data received by the Data Sources. Therefore, Sixfold is not liable for such data, their legality, completeness, accuracy or up-to-date nature, nor is Sixfold liable for such being free of any Third Party’s intellectual property rights. Any liability in accordance with §§7 et seq. Telemedia Act (“TMG”) remains unaffected.
The liability restrictions which can be derived from the preceding paragraphs of this section shall not apply insofar as Sixfold has maliciously failed to disclose a defect or has assumed a guarantee for the condition of the Services. The same shall apply to claims of Customer according to the Product Liability Act (Produkthaftungsgesetz).
Liability for loss of data is limited to the normal recovery expenses that would result in the event of regular appropriate backup copies being made by Customer. Customer’s duty to mitigate damages remains unaffected.
To the extent Sixfold’s liability for damages is excluded or limited, this shall also apply with regard to the personal liability for damages of its representatives, employees and other vicarious agents.
Sixfold is liable for damages in case of willful intent and gross negligence. Sixfold is not liable for third-party data which was transmitted to Sixfold.
Customer authorizes regular reviews of its data on the part of Sixfold with regard to the applicable and valid sanctions lists, anti-terror regulations and other national and international embargo and trade control rules. This authorization is necessary to facilitate a legally compliant business relationship. Sixfold is obligated to follow all applicable data protection regulations in this regard. Customer hereby declares that its company and employees are not named on the aforementioned sanctions lists. Moreover, Customer is obligated to take suitable measures to ensure that compliance within its company with anti-terror regulations and other national and international embargo and trade control rules is guaranteed. Customer must also inform Sixfold immediately via e-mail in the event of any positive results discovered when reviewing the aforementioned sanctions lists.
Customer agrees to comply with all applicable anti-corruption regulations in connection with the execution of this Agreement. Customer will inform Sixfold immediately in the event of knowledge or suspicion of corruption cases that are in relation to this Agreement.
When using the User Interface, Customer shall refrain from any practices relating to corruption or bribery and may not, either directly or through intermediaries offer, promise, demand or accept any personal or improper financial or other advantage that has the ability to influence decision-making or to create a conflict of interest.
Both Sixfold and you have to comply with applicable laws and have to take suitable measures to ensure compliance (eg regarding corruption or anti-terror regulations).
Customer is liable in case of any claims by Third Parties for damages incurred by such Third Parties in connection with Customer’s usage of the Service.
Customer agrees to indemnify, defend, release, and hold Sixfold, and Sixfold’s partners, licensors, affiliates, contractors, officers, directors, employees, representatives and agents, harmless, from and against any third party claims, damages (actual and/or consequential), actions, proceedings, demands, losses, liabilities, costs and expenses (including reasonable legal fees) suffered or reasonably incurred by Sixfold arising as a result of, or in connection with:
any negligent acts, omissions or willful misconduct by Customer;
any breach of this Agreement by Customer; and/or
Customer’s violation of any law including but not limited to data protections laws or of any rights of any third party.
In the event Sixfold seeks indemnification from Customer according to this Section, Sixfold will give Customer prompt written notice. Sixfold is entitled to engage counsel and to control any proceeding necessary to safeguard its rights.
Sixfold will indemnify Customer against any liability arising out of or relating to claims by Third Parties for damages incurred by such Third Parties alleging that Customer’s usage of the Services infringes Third Party’s intellectual property rights. Customer will give Sixfold prompt written notice of such claim and will provide information, reasonable assistance as well as the sole authority to defend or settle such claim.
Sixfold may, at its reasonable discretion, (i) obtain for Customer the right to continue using the Services, (ii) replace or modify the Services so that they become non-infringing; or (iii) cease to provide the Services and reimburse Customer for reasonable expenses resulting therefrom.
Sixfold will have no obligation to indemnify Customer if Customer agrees to settle any claim without the prior written consent of Sixfold.
You are liable for any consequences in case you wilfully misuse the Sixfold product, violate this user agreement, or break any laws.
Each Party may terminate this Agreement at any time subject to a thirty (30) days notice period to the end of the calendar month (termination for convenience). In this case the access granted to Customer by Sixfold can be revoked independently.
In addition to the termination for convenience Sixfold may terminate this Agreement for good cause, effective upon written notice to Customer, if Customer breaches the obligations as stipulated in Conduct on the User Interface in Section IV and/or Compliance in Section V below. Any further rights of the Parties to terminate this Agreement for good cause remain unaffected. In case of termination for good cause, Sixfold reserves the right to block Customer’s access immediately.
Upon termination of this Agreement, the right to access the User Interface and the Data Sources expire.
Both you and Sixfold can terminate this agreement at any time within a notice period. If you terminate the agreement, you may not use Sixfold anymore.
Sixfold may use your name and logo for reference purposes. Any further usage needs to be agreed with you in advance, and you can also anytime revoke the right to use your name and logo.
This Agreement shall be exclusively governed by and construed in accordance with the substantive laws of Germany to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG).
The place of performance for delivery and payment of the Services is the seat of Sixfold, Germany.
The place of jurisdiction for any legal disputes and proceedings arising out of or in connection with this Agreement, shall be at the seat of Sixfold. Sixfold retains the right to sue Customer in the general court of jurisdiction of Customer.
In case of any legal disputes, the default place of jurisdiction will be in Germany.
If any individual provision of this Agreement is or becomes ineffective in part or in whole, this does not affect the validity of the remaining provisions.
The Parties will replace any ineffective provision by the legally valid provision that most closely achieves the commercial objective of the ineffective provision. The same applies correspondingly in the event of any omission.
If any part of this agreement becomes obsolete or ineffective, the rest of the agreement is still valid.
Customer is not entitled to assign any of the rights and obligations of this Agreement without prior written approval of Sixfold.
Customer makes all legally relevant declarations in connection with this Agreement via email. Sixfold makes such declarations to the e-mail address of Customer’s authorized signatory or by post. Customer will keep its Contract Data up to date and notify Sixfold of any changes without undue delay.
Sixfold is entitled to make changes of this Agreement as well as any other conditions if these become necessary due to new technical developments, changes in the law, extensions to Services or other comparable compelling reasons. If a change disrupts the contractual balance between the Parties substantially, such will not come into force.
Sixfold will inform Customer of any changes according to this clause fourteen (14) days before such changes become effective. If Customer does not declare its disagreement within the aforementioned period, Customer will be deemed to have accepted the changes.
If Customer declares its disagreement with the changes, Customer will have the right to extraordinary termination of this Agreement from the date on which the changes were due to come into force. Notice of this termination must reach Sixfold by this date at the latest.
Any communications and updates regarding this agreement should be done via email. Sixfold will have updates due to new features and functionalities; if they affect this agreement, you will be notified and you will get the chance to terminate this agreement.
This Agreement constitutes the entire agreement between the Parties and supersedes all prior negotiations, representations or agreements, either oral or written, related hereto. Sixfold does not recognize any deviating conditions set out by Customer.
This is your binding agreement with Sixfold, it overrides other prior negotiations or agreements.
Access Data — Credentials such as, but not limited to, user name, e-mail address or passwords in relation to the User Interface and in relation to the Data Sources
API — Application programming interface
Confidential Information — Non-public information furnished to the Receiving Party by the Disclosing Party, including but not limited to the Access Data, data stored on the platform, data relating to other companies, orders and bids, trade and industrial secrets, processes, proprietary data, financial and/or operational information or documentation related thereto or related to any pricing or product information
Contract Data — Company name, address as well as authorized signatory including name, surname, e-mail and job title
Customer — The Data Provider entering into this Agreement with Sixfold
Data Provider — A carrier company who provides data over its assets (vehicles, iot devices etc) that are used for moving and tracking shipments carried out for Data Subscribers
Data Source — Telematics platform, mobile app or TMS system, including the server(s) for web-aided telematics applications that record the telematics data of Customer’s assets like trucks, trailers or iot devices
Data Subject — Identified or identifiable natural person
Data Subscriber — shipper, carrier, logistics provider, supplier, goods’ recipients or other company whom Data Provider carries out shipments and provides data on it
Disclosing Party — Party disclosing the Confidential Information
Effective Date — Date upon which this Agreement enters into force
Establishment — Branch, agency or any other establishment of Customer that implies the effective and real exercise of activity through stable arrangements
EU Model Clauses — SET II Standard contractual clauses for the transfer of personal data from the Community to third countries (controller to controller transfers)
Intellectual Property — Patents, designs, models, drawings, copyrights, software rights, database rights, trade marks, services marks, know-how, web domain names, trade names and in general all rights of a same or similar nature, anywhere in the world including all extensions, reversions, revivals and renewals thereof
Partner — Any transport management software or logistics platform that is used by Data Subscriber, partners with Sixfold and is sending transport orders to Customer
Party — Customer and/or Sixfold
User Interface — Sixfold user interface
Receiving Party — Party receiving the Confidential Information
Services — Services provided by Sixfold
Third Party — Each person or entity other than Customer or Sixfold
User — Company or person using Sixfold’s Services