Terms of Service
The following terms and conditions (AGB) of HMQ.llc, represented by: (address in imprint)
(hereinafter referred to as "Provider") apply to the use of the services and products offered by HMQ LLC. By ordering products or accessing and/or using our services, the customer agrees to the following terms and conditions.
1. Information on membership
1.1 With the registration for the service HMQ.llc the customer receives access to a software solution. After registration, the customer gets access to a portal with a tracking software for an unlimited time. The content and functional range of the portal is continuously updated.
1.2 The products offered by provider are hereinafter collectively referred to as "products". The provision of the products is based on these General Terms and Conditions (GTC).
1.3 Products can be used by all customers who are in possession of a mobile telephone which from a technical point of view meets the requirements of the desired product and these customers are one of the mobile network operators or service providers through which, according to the information provided by the provider, the products can be used.
1.4 ACCESS TO THE SERVICE, AVAILABILITY AND AGE The User of the Service must be resident in Germany and (1) be at least 16 years of age and/or have the consent of his/her parents (or a parent) and/or the Payment Agent to register him/her for the Service and use the Service on his/her behalf and (2) agree on behalf of such parent and/or Payment Agent and on his/her own behalf to be bound by these Terms and Conditions. By registering for the Service and/or using the Service, you acknowledge and confirm that you have read the Terms and Conditions, that you accept them, and that you meet the requirements applicable to you as set out above.
2. Order ways
The customer can request a product through various ordering channels and thus submit an offer to conclude a contract. The contract is then concluded in accordance with 3.3
If the order of a product is initiated via the Internet, the customer must first provide his e-mail address and a password and initiate a corresponding payment with one of the provided payment services under the selected and stated conditions.
3. Conclusion of contract
3.1 The prerequisite and condition for the conclusion of a contract is that a payment can be made under the payment service used by the customer for the order.
3.2 Products can be purchased as individual purchases.
3.3 The customer makes an offer for the conclusion of a contract in the form of a single purchase at the currently valid price in accordance with point 2. The contract is then concluded either by an explicit confirmation on the part of the provider, by sending the ordered product or by activating access to it.
3.4 The provider reserves the right to reject abusive user requests.
4. Services from provider
4.1 The provider reserves the right to change, discontinue, supplement and/or expand products in whole or in part at any time.
4.2 Unless otherwise stated in the respective product offer of the provider, the provider's obligation to perform consists exclusively in the provision of the product by means of access to an online software solution.
5. Services provided by third parties
5.1 In addition to its own products, the provider also brokers services of third parties. If the customer makes use of such services, a contract is concluded exclusively between the customer and the third party. If this is necessary within the scope of the service brokered by the provider and provided by a third party, the provision of the service may be subject to the condition that the customer gives his prior consent to the disclosure of his e-mail address to this third party.
5.2 For the mediation service provided by the provider in this regard, the regulations set out in these GTC apply.
6. rights and obligations of the customer
6.1 In order to use some products, the customer must register with the provider using the data provided. The product can therefore only be used by the customer after registration in accordance with the instructions provided.
6.2 Insofar as the provider collects data from the customer upon conclusion of the contract, the customer must provide this data truthfully. Future changes with regard to this data must be communicated to the provider without request and without delay.
6.3 For the majority of products it is sufficient if the e-mail address of the customer is known to the provider. As far as for a certain product further data and information of the customer are necessary, this product can only be used if the customer has given this data to the provider.
6.4 If the customer is given a password in the context of using the products, the customer is obliged to keep this password secret. A disclosure of the password to third parties is not permitted. If the customer receives knowledge that a third party has obtained knowledge of the password, he is obliged to contact the provider immediately by e-mail to email@example.com and to arrange for the password to be blocked. Until such time as the customer arranges for the password to be blocked, the customer shall be liable for the costs arising from the use of the password (in particular the retrieval of products), unless the Provider is responsible for obtaining knowledge of the password.
6.5 All products offered by provider are legally protected by copyright, trademark and other industrial property rights. The customer is therefore entitled to use products exclusively for private purposes within the scope of the intended use. The customer is prohibited from passing on products to third parties. Any further use is only permitted to the extent expressly approved by the provider or the partner companies concerned.
6.6 In case of a violation of these GTC by the customer, the customer is obliged to compensate the provider for all damages caused by this violation. Customer agrees to indemnify and hold Provider harmless from any and all claims of third parties caused by Customer's conduct and to compensate Provider for any and all damages resulting from such conduct.
6.7 Customer shall pay the fees of his service provider for the purchase of products.
6.8 Insofar as Customer contributes content of his own within the scope of a product, which according to the nature of the product should also be accessible to third parties, such as in connection with an SMS chat, Customer grants Serviceprovider the unrestricted right to present, publish or distribute such content in a form appropriate to the product in question.
6.9 If Customer orders the product using the mobile phone of a third party, Customer shall submit the offer on behalf of this third party and assures that he is authorised to do so by the third party.
7. Data protection
Provider stores the data that are transmitted when the contract is concluded, i.e. date/time of contract activation and deactivation, IP address, product, order path and source of the contract conclusion. Furthermore, the entire customer communication is stored and thus also the information provided by the customer, such as the home address of the customer and/or his e-mail address. It is incumbent on the customer to store or record this information on his part, as this information is then no longer retrievable by the customer.
7.1 Provider collects and processes personal data of the customer only to the extent necessary for the fulfilment and execution of the contract concluded with the customer. Thus it is necessary with most products to store the mobile phone number of the customer, in order to be able to make the product available to the customer at all. For some products, the specification and storage of further data such as the e-mail address is required for their use. When processing the data and providing the service, the provider will observe the secrecy of telecommunications, the Federal Data Protection Act (BDSG), the Telecommunications Act (TKG) and other relevant data protection laws.
7.2 Some products require that third parties send content and services directly to the customer or that the customer can directly access content provided by third parties. In order to make this possible, the Provider will pass on the Customer's mobile telephone number and e-mail address to the third party concerned.
7.3 Outside the provision of the contractually owed services, personal data of the customer will not be passed on to third parties, unless the customer has been informed about this and has given his consent.
8.1 Depending on the method of ordering, there are various payment options, including, for example, billing via vouchers, the landline or mobile phone bill, by prepaid credit, by credit card, by bank transfer, by direct debit/direct debit or via his provider user account. The exact payment options will be explained when ordering the specific product.
Credits and vouchers available on the provider user account can only be redeemed for provider products. The respective current end prices for the various subscription contracts including VAT and any additional costs that may be incurred will be specifically stated in connection with the corresponding products and the selected ordering method.
8.2 In order to use the products, it may sometimes be necessary to use certain technical systems such as terminal equipment, software programs, transmission paths, telecommunication and other services of third parties, which may result in additional costs, in particular connection fees. These costs must be paid separately by the user to the respective third party provider. In the case of high data volumes, we recommend booking a corresponding data option if necessary.
9. Limitation of liability of the provider
9.1 Claims for damages by the customer are excluded, with the exception of claims for damages by the customer arising from injury to life, limb, health or from the breach of fundamental contractual obligations (cardinal obligations) as well as liability for other damages based on an intentional or grossly negligent breach of duty by the provider, its legal representatives or agents. Material contractual obligations are those whose fulfilment is necessary to achieve the objective of the contract. In the event of a breach of material contractual obligations, the Provider shall only be liable for the foreseeable damage typical for the contract if this was caused by simple negligence, unless the Customer's claims for damages are based on injury to life, body or health. The limitations of the above sentences also apply in favour of the Provider's legal representatives and vicarious agents if claims are asserted directly against them. The regulations of the product liability law remain unaffected.
9.2 If the provider provides telecommunication services to the public, the liability towards the individual customer is limited to the maximum amount of EUR 12,500 according to § 44a TKG for pure financial losses (i.e. not for losses from injury to life, body or health, which are based on breaches of duty by the provider or his legal representatives or vicarious agents as well as in the case of mandatory legal regulations), which were not caused intentionally, and towards the total of the injured parties to the maximum amount of EUR 10 million per damaging event. If, in the latter case, the compensation payable to several persons due to the same event exceeds the aforementioned maximum limit, the compensation shall be reduced in proportion to the sum of all claims for compensation to the maximum limit.
9.3 In order to use the provider's products, it is often necessary to use certain technical systems, such as terminal equipment (e.g. mobile phones), software programs, transmission paths, telecommunications and other services provided by third parties, which may result in additional costs for the user, in particular connection fees. These are to be remunerated separately by the user. The Provider does not provide such end devices, software programs, transmission paths, telecommunication and other services and assumes neither warranty nor liability for them. If technical difficulties should arise with these third parties, transmission failures or a temporary suspension of the service or parts thereof may occur. As far as the provider has no influence on this, the provider is not liable for such failures or suspensions.
10. right of withdrawal
Customers who are consumers are entitled to a right of revocation according to the provisions of distance selling law, according to which the contractual declaration can be revoked in accordance with the following instructions:
Right of withdrawal:
You may revoke your contractual declaration within 14 days without giving reasons in writing (e.g. letter, fax, e-mail). The period begins after receipt of this instruction in text form, but not before conclusion of the contract and also not before fulfilment of our information duties according to article 246 § 2 in connection with § 1 paragraph 1 and 2 EGBGB as well as our duties according to § 312g paragraph 1 sentence 1 BGB in connection with article 246 § 3 EGBGB. The timely dispatch of the revocation suffices to comply with the revocation period.
The revocation is to be addressed to:
Address in imprint
or by e-mail to: firstname.lastname@example.org
Consequences of withdrawal:
In the event of an effective revocation, the services received by both parties are to be returned and any benefits derived (e.g. interest) surrendered. If you are not able to return or surrender the received services and benefits (e.g. advantages of use) or only partially or in a deteriorated condition, you must compensate us for the value. This can lead to the fact that you must nevertheless fulfil the contractual payment obligations for the period until the revocation. Obligations to refund payments must be fulfilled within 30 days. The period begins for you with the dispatch of your revocation declaration, for us with its receipt.
Your right of revocation expires prematurely if the contract is completely fulfilled by both parties at your express request before you have exercised your right of revocation.
- End of the revocation instruction -
The right of revocation does not apply to goods / services that are not suitable for return due to their nature or for goods / services that are manufactured according to customer specifications or clearly tailored to personal needs. Consequently, there is no right of revocation if the goods / services are downloaded at the instigation of the customer. Accordingly, the right of revocation does not apply to distance contracts for the delivery of digital goods (e.g. locating credits, access to the locating portal), as these are not returnable. A revocation is therefore only possible as long as the contract is not completely fulfilled by both parties. The contract is considered fulfilled as soon as you have made the payment and your access to the tracking portal has been provided. From this point on, no further revocation is possible. A refund of the purchase price is then no longer possible as a result of exercising the right of revocation.
11.1 The termination of a member account is possible at any time without having to observe a period of notice. The termination can be made by the customer as follows:
a) by e-mail to email@example.com, or
(b) by letter to: (address in imprint)
c) Customers can manage their membership in the member area themselves and cancel it online.
In case of a cancellation according to a), b) or c), please make sure to provide the e-mail address, otherwise we will not be able to assign the cancellation to the subscription.
11.2 The customer can no longer use the ordered product after cancellation.
11.3 Termination without notice on the part of the provider is possible if the customer misuses products or violates essential obligations of the contract in the course of use.
12. final provision
12.1 Should individual provisions of these GTC be or become invalid, the validity of the remaining provisions shall not be affected.
12.2 All legal relations between the provider and the user are subject exclusively to German law, excluding the UN Convention on Contracts for the International Sale of Goods.
status: November 2016