These Terms of Service set out the rules for using the TachoAngel mobile application (hereinafter: the "Application") and the website available at tachoangel.app (hereinafter: the "Website").
1. General Provisions
The owner and operator of the Application and the Website is CAPSILON BROTHERS Sp. z o.o., with its registered office at ul. Mikołaja Reja 18/34, 43-300 Bielsko-Biała, Poland, KRS (National Court Register): 0001246240, NIP (Tax ID): 5472260573, REGON: 544997348 (hereinafter: the "Service Provider"). Contact: support@tachoangel.app.
Use of the Application and the Website requires acceptance of these Terms of Service. The Terms are made available free of charge, in a form that allows them to be downloaded, saved, and printed.
The services are addressed to natural persons with full legal capacity and to business entities (professional drivers, transport companies).
2. Nature of the Application
The Application is an auxiliary tool for professional drivers: it connects via Bluetooth to a compatible tachograph, displays data on driving time, breaks, and rest periods, generates reminders and alerts, and enables downloading DDD files from the driver card.
The Application is not a recording device within the meaning of tachograph regulations. It does not replace the tachograph, the driver card, or the obligations of the driver and the transport undertaking arising from applicable law, in particular Regulation (EC) No 561/2006 and Regulation (EU) No 165/2014.
The data and calculations presented in the Application are for informational and illustrative purposes only. Only the records of the tachograph and the driver card are binding, and the final assessment of compliance with the regulations rests with the competent enforcement authorities.
Educational content made available in the Application and on the Website (e.g. overviews of regulations) does not constitute legal advice.
3. Technical Requirements and User Account
Using the Website requires a device with Internet access and an up-to-date web browser.
Using the Application requires a mobile device running a version of Android supported by the Service Provider, equipped with a Bluetooth module.
Full functionality of the Application requires a compatible tachograph. The current list of supported devices is published on the Website and in the Application's listing on Google Play (currently: VDO DTCO 4.1a). The Service Provider does not guarantee compatibility with devices outside this list. Downloading data from the driver card requires a compatible card reader or a connection to a supported tachograph.
Full use of the Application's features requires registering a User Account by signing in with a Google account. The User is responsible for maintaining the confidentiality of their login credentials.
4. Rules of Use
The User undertakes to enter into the Application only data (including manual entries) that reflect the actual facts.
It is prohibited to use the Application and the Website in a manner contrary to the law or good practice, in particular to falsify working time records, as well as in a manner that disrupts the operation of the Application or infringes the rights of third parties.
5. Free Services
The Application is currently made available entirely free of charge.
The Service Provider undertakes to provide, indefinitely and free of charge, the core scope of the Application, including in particular: real-time counters of driving time, breaks, and rest periods (including counters of available derogations); alerts and reminders; Bluetooth connection with a supported tachograph; downloading and local storage of DDD files and their manual sharing; annotation templates; and night-time period configuration. Further development of the Application shall not be deemed a limitation of this commitment, provided that the essence of these features is preserved.
The Service Provider plans to introduce paid plans covering additional features (in particular extended reports and analytics). Their introduction will not reduce the free scope described in section 2, will not automatically subject the User to any charges, and will be announced in advance under the procedure for amending these Terms (Section 9), together with the price list and payment terms. Information about plans presented on the Website before sales begin is of a preliminary nature and may change.
6. Liability
The TachoAngel Application is an auxiliary and informational tool. It does not replace official recording equipment (tachographs) or binding interpretations issued by enforcement authorities (e.g. road transport inspection, police).
The Service Provider makes every effort to ensure that the calculations comply with current regulations (including the Mobility Package); however, decisions regarding driving, breaks, and rest periods are made solely by the User, who is not thereby released from the obligation to observe the tachograph's indications.
The Service Provider shall not be liable for the consequences of: the User providing data inconsistent with the actual facts; failure of the tachograph, card reader, or the User's device; lack of Bluetooth or Internet connectivity; or lack of access to the services caused by force majeure, failures of network operators, or technical maintenance breaks.
The provisions of this section do not exclude or limit the Service Provider's liability to the extent that such exclusion or limitation is impermissible with respect to consumers under mandatory provisions of applicable law.
7. Personal Data and Driver Card Data
DDD files and data downloaded from the tachograph and the driver card are stored locally on the User's device. The Service Provider does not gain access to them unless the User shares them of their own accord.
The rules for processing personal data (including Account data) are set out in the Privacy Policy: https://tachoangel.app/en/privacy-policy
8. Intellectual Property
All rights to the Website and the Application, including economic copyrights to the code, graphical interface, logotypes, database, and texts, belong to the Service Provider and are protected by law. The User is granted a non-exclusive, non-transferable licence to use the Application for their own purposes.
Copying, modifying, or distributing elements of the Application without the Service Provider's written consent is prohibited.
9. Complaints and Amendments to the Terms
Complaints regarding the operation of the Application or the Website may be submitted to support@tachoangel.app. The Service Provider will respond within 14 days.
Consumers may use out-of-court complaint and redress procedures, including the EU ODR platform: https://ec.europa.eu/consumers/odr.
The Service Provider may amend these Terms for important reasons (changes in the law, changes in the scope of services — including the introduction of paid plans, security reasons). Users will be informed of any changes via the Application or by e-mail at least 14 days in advance. If the User does not accept the changes, they are entitled to stop using the services and delete their Account.
Amendments to the Terms may not deprive the commitment set out in Section 5(2) of its essence.
10. Final Provisions
These Terms are governed by Polish law, without prejudice to the protection afforded by mandatory provisions of the law of the consumer's country of habitual residence (applicable to Users from other European Union Member States).
The Terms enter into force on the date of their publication on the Website.