Terms of Use
Effective date: 09 December 2024
DASHDOC is a French simplified joint-stock company with its registered office at 9 rue des colonnes 75002 Paris, registered with the Paris Trade and Companies Register under number 813 603 222 00049, hereinafter “DASHDOC”.
DASHDOC provides an interactive online electronic service in “SaaS” mode for managing and tracking road freight transport. This service is intended for all freight transport professionals, including shippers, carriers, drivers, loading and delivery sites, and all their subcontractors.
The DASHDOC Platform enables users to import, send, upload, store, receive, modify and share on the Platform content relating to road freight transport, from scheduling to invoicing (invoices, consignment notes, drivers’ contact details, etc.).
These Terms of Use apply to any natural person who gains access through the Administration Interface to use the Solution, whether invited by a Customer or by any organisation holding a DASHDOC business account (without necessarily being a Customer). The User may be an employee, consultant, manager, executive, driver or subcontractor, without this list being exhaustive, of a shipper, carrier, consignee, loading or delivery site, or a subcontractor of these organisations (“User”).
As described in greater detail below, you remain the “owner” of the Content: it never belongs to DASHDOC, and DASHDOC never claims ownership of your Content.
To use the Solution, you must accept these Terms of Use (hereinafter the “Terms”), which define the conditions for accessing and using the Solution.
DASHDOC seeks to protect users’ personal data as effectively as possible. Please read Article 9 of these Terms and our Personal Data Protection Policy for further details on these matters.
Please note that additional specific conditions may apply because of your organisation.
Article 1. Definitions
The following capitalised terms have the meanings assigned to them below:
“Application” means the part of the Solution installed on Mobile Devices.
“Authentication” means the procedure whereby a User of the Solution provides and confirms their identity by supplying their Login ID and password or an access code.
“Database” means the set of data organised for use by the Solution, the structure of which is owned by DASHDOC.
“BackOffice” means the part of the Solution installed on the Platform. The BackOffice consists of:
a web portal accessible to Users through a browser (including the Administration Interface),
a “webservice” component, and
a component that interacts with the Application installed on Users’ Mobile Devices.
“Customer” means the legal entity, shipper, carrier, loading or delivery site, or any subcontractor providing freight transport services that has entered into a subscription agreement with DASHDOC under which DASHDOC grants a right to use the Solution.
“Content”: means, without this list being exhaustive, data, text, information, files and photographs relating to road freight transport (e.g. road routes, invoices, consignment notes, etc.) imported, shared, downloaded, stored, sent or received by the User through the Database.
“Login ID” means a unique access code assigned to a User which, together with a password, enables the User to complete Authentication to access the Solution. Driver Users may log in without a password, using a simple code received through an invitation from a BackOffice User.
“Administration Interface” means the IT tool included in the Solution’s BackOffice, accessible on the DASHDOC portal at https://www.dashdoc.eu/app/settings/team, enabling the administrator alone to administer the Solution, including creating or deleting User accounts for their company, managing each of their company’s Users’ permissions, etc.
“Platform” means all the servers made accessible to the Customer and Users by DASHDOC, on which the Solution’s BackOffice runs and the Database is hosted, providing an interactive online electronic service in “SaaS” mode for managing and tracking road freight transport, intended in particular for shippers, carriers and their drivers, loading and delivery sites and subcontractors, whether or not they are DASHDOC Customers. The Platform is accessible through the links dashdoc.eu, dashdoc.com and dashdoc.fr.
“(Mobile) Devices” means the hardware equipment (such as tablets or phones) made available by the Customer to Users (or some of them) to access the Solution.
“Solution” means the “DASHDOC” software Solution, developed and published by DASHDOC, consisting of a BackOffice component running on the Platform and an Application installed on Mobile Devices.
Article 2. Purpose
DASHDOC enables Users to import, send, upload, store and receive on the Platform Content relating to road freight transport, from scheduling to invoicing.
The Platform also enables Users to share Content imported into the Database by other Users and to collaborate on that Content.
DASHDOC is in no circumstances the shipper, carrier or consignee of the goods. DASHDOC’s role is to facilitate collaboration between all stakeholders active in the road freight transport sector in order to facilitate the management and tracking of freight transport.
Article 3. Acceptance of and amendments to the Terms
Any use of the Solution requires the User’s prior acceptance of these Terms. Acceptance of these Terms by means of a “checkbox” constitutes proof that you have read these provisions and constitutes acceptance of them.
By visiting or accessing the Application or Platform and using the Solution, you expressly and unreservedly agree to be legally bound by all provisions of the Terms. In all cases, the Terms are deemed accepted without reservation on the date of first use of the Solution.
We recommend that you retain a copy of the Terms for your records.
DASHDOC reserves the right to amend the content of the Terms at any time. Amendments will not apply immediately, except in specific circumstances (for example, to adapt the Terms to legal requirements), and, subject to statutory notice periods, will take effect 15 days after being posted online. If you do not accept the amendments to the Terms, you must stop using the Solution.
Article 4. Conditions for accessing the Database
To access the Database, you must have been directly invited to join it.
You may be invited directly by the Customer or by any organisation holding a DASHDOC Business account (without necessarily being a Customer), whether that partner is, without this list being exhaustive, a shipper, carrier, driver, loading or delivery site, or, more generally, a subcontractor.
You will then be invited to register on the Platform and create your own User account with your Login ID and password in order to complete Authentication to access the Database.
When registering and creating your account, you undertake to provide all required information accurately, truthfully and completely and to keep it up to date.
You are responsible for safeguarding and maintaining the confidentiality of your Login ID and password. You undertake to take all necessary measures to ensure their complete confidentiality and prevent any identity theft or fraudulent activity on Dashdoc services. In the event of accidental (loss, theft, etc.) or voluntary disclosure, you undertake to inform DASHDOC as soon as you become aware of it, by email with acknowledgement of receipt to support@dashdoc.com.
Authentication of a User by means of a Login ID and password conclusively attributes transactions carried out using that Login ID to its holder.
Your organisation’s administrator may assign you an account. They may also require you to comply with additional rules, as well as having access to your account or being able to deactivate it.
Article 5. Access to and sharing of Content
Once duly registered on the Platform, DASHDOC enables you to import, upload, store, send and receive Content [to and from your User account] through the Database. This Content belongs to you. We do not claim “ownership” of this Content.
DASHDOC also enables you to share your Content with other Users and collaborate on other Users’ Content to edit and manage your transport documents, according to the settings available in the Solution.
You alone are authorised to decide which other User(s) you wish to share all or part of your Content with.
DASHDOC does not intervene in Users’ decisions to grant or refuse access to their Content or in the settings for sharing their Content.
The Solution enables you to define the conditions under which other Users may access and use your Content stored and shared through the Platform.
When invited to access another User’s Content, you will receive an activation code. You cannot access that Content without this activation code.
You acknowledge that your Content may be viewed by any User to whom you have granted access. Your organisation’s administrator may require you to comply with certain settings. You therefore warrant that your organisation or company has authorised you to import, store, send, receive, share and collaborate on your Content with those Users in accordance with the settings defined by your organisation and/or the administrator responsible for overseeing your account.
As the “owner” of your Content, you are solely responsible for its accuracy, completeness, truthfulness, currency and lawfulness, and its compliance with these Terms. In particular, you must check whether this Content is protected by intellectual and industrial property rights.
5.1 Licence granted by the User over Content
By importing, publishing, storing or distributing Content through the Platform, the User grants DASHDOC a royalty-free, non-exclusive, worldwide, assignable and transferable licence to use, host, store, display, reproduce, modify and format the Content, in particular to improve the Content’s compatibility with the Solution, and to distribute, communicate and display the Content.
The rights thus granted to DASHDOC are limited to operating and improving the Platform, developing new features and providing assistance to Users.
The licence remains valid even in the event of deregistration, account deletion or closure, or cessation of use of the Solution.
The User warrants that they hold the rights necessary to grant DASHDOC this licence.
You acknowledge that DASHDOC may freely use reviews or comments you have shared publicly or suggestions for improvements to the Solution that you provide to us.
5.2 Retention of your Content
DASHDOC retains your Content on your account for as long as you wish.
5.3 Exporting your Content
DASHDOC allows you to export at any time Content imported, received or stored on your account, meaning both Content you own and all Content you are authorised to access as a User. The User must check that their organisation or company has authorised them to export that Content.
Certain options or features will be accessible only to administrators.
5.4 Deleting Content
You may delete Content you have imported, uploaded, stored, received or sent on your account. However, deleting your Content will not delete Content that has been sent to or shared with other Users on their accounts in the Database. You must configure the settings available in the Solution to limit other Users’ rights.
Article 6. Push notifications
When using the Solution, the User may receive messages from DASHDOC relating in particular to use of the Solution, such as alerts, advice and information messages.
These messages may also include promotional messages targeted according to the User’s use of the Application, provided that the User has expressly consented to receiving such promotional messages.
The User may refuse at any time to continue receiving all or some of these notifications.
Article 7. User undertakings
The User is fully responsible for their use of the Solution. They undertake to use the Solution in good faith, in compliance with these Terms and applicable laws and regulations, including laws relating to intellectual and industrial property.
The User undertakes not to provide deliberately false or disparaging information about the DASHDOC services offered or about DASHDOC, failing which they may incur liability.
The User further undertakes:
not to use the Solution under conditions that may compromise the integrity, proper operation or security of the Platform and Application;
not to divert the Solution for personal advertising purposes or product sales;
not to commit any infringement, reproduce, download, display or modify all or part of the Solution, or use a data “robot” or “scraper”;
not to gain or maintain access to the Solution understood as an automated data processing system. Any fraudulent access to or continued presence in that system is prohibited and subject to criminal penalties. The same applies to any obstruction or alteration of the operation of this system, or any insertion, deletion or modification of the data it contains;
not to disrupt the proper operation of the Platform and Application, in particular by introducing viruses or any other technology harmful to the Solution or the services offered through it.
The User is also prohibited from:
storing, publishing or distributing Content that is shocking, obscene, threatening, abusive, violent, bloody, vulgar, racist, insulting, defamatory, slanderous, disparaging, misleading or discriminatory; intended to harass, threaten or embarrass others; pornographic or involving child pornography; depicting nudity or of a sexual nature; glorifying crimes against humanity; liable to incite racial, religious or ethnic hatred, violence or terrorism; infringing human dignity or others’ privacy; illegal or contrary to applicable laws;
storing, publishing or distributing Content that infringes any third party’s intellectual property rights;
storing, publishing or distributing a third party’s confidential information without their authorisation;
storing, publishing or distributing Content liable to constitute misappropriation, fraud, breach of trust or any other criminal offence;
promoting, selling or encouraging the sale of regulated goods and services (alcohol, gambling and games of chance, pharmaceutical products, weapons, etc.);
accessing, using or attempting to use another User’s account, login and/or password, or impersonating another User in any way;
impersonating another person, a User, or a DASHDOC employee or representative;
behaving or speaking discourteously or rudely towards DASHDOC staff (insults) assigned to support the Solution and, more generally, towards any other User.
Article 8. DASHDOC’s intellectual property
DASHDOC warrants that it holds intellectual property rights in the Solution and in the structure of the Database specific to the Solution, in accordance with the provisions of the French Intellectual Property Code.
These Terms do not transfer any intellectual property rights of any kind to the User in the aforementioned elements. In particular, the User has no rights in the Solution’s source code.
DASHDOC holds intellectual property rights in the Application and in the computer programs that may be downloaded automatically onto Users’ machines when using the Solution. Although this Application and these programs do not run on the DASHDOC Platform, they form an integral part of the Solution and receive the same protection.
Accordingly, the User is prohibited from any act or conduct that may directly or indirectly infringe intellectual property rights in the Solution or its associated trademarks. In particular, they are prohibited from infringing DASHDOC’s intellectual property rights in the computer programs referred to in the preceding paragraph.
Notwithstanding the foregoing, Content provided by Users is and remains the property of each User, subject to the licence granted by each User to DASHDOC in accordance with Article 6 of these Terms.
Under these Terms, DASHDOC grants the User, who accepts it, a non-exclusive and non-transferable right to use the Solution for personal use.
Any use not expressly authorised by DASHDOC under these Terms is unlawful under Article L. 122-6 of the French Intellectual Property Code.
The User is therefore prohibited in particular from:
any reproduction, display, dissemination or distribution of all or part of the Solution or Documentation, whether for payment or free of charge;
any form of use of the Solution, in any manner whatsoever, for the purpose of designing, producing, distributing or marketing similar, equivalent or substitute products or services or similar, equivalent or substitute documentation;
adapting, modifying, transforming or rearranging the Solution for any reason whatsoever, including to correct errors;
any direct or indirect transcription or translation of the Solution or documentation into other languages;
any decompilation of the Solution, except in cases expressly provided for by law;
any use for processing not authorised by DASHDOC;
any modification or circumvention of protection codes, including Login IDs and passwords;
any attempted unauthorised intrusion into the Platform.
The User acknowledges that the Solution may incorporate Third-Party Programs (Mobile Device operating systems, etc.) and undertakes to respect their publishers’ intellectual property rights.
Any reproduction or display, in whole or in part, of any constituent element of the Platform or Application without DASHDOC’s express authorisation is prohibited and would constitute infringement liable to give rise to the infringer’s civil and criminal liability.
Accordingly, the User is prohibited from any conduct or act that may directly or indirectly infringe DASHDOC’s intellectual property rights.
The Databases making up the Platform and Application are protected by copyright and database producers’ rights. Any qualitatively or quantitatively substantial extraction or reuse of the content of databases accessible through the Application is subject to penalties.
The graphical interface of the Platform and Application and the form of the documents in the Solution are protected by copyright. Any reproduction of these elements beyond that permitted by these Terms constitutes infringement.
DASHDOC’s and its partners’ distinctive signs, such as trademarks, names and logos appearing on the Application, are protected by the French Intellectual Property Code. Any total or partial reproduction of these distinctive signs using elements from the website without DASHDOC’s express authorisation is therefore prohibited under the French Intellectual Property Code.
Article 9. Personal data
DASHDOC, the Customer and the User undertake to comply with all provisions applicable to them under personal data protection regulations, including the provisions of Law No. 78-17 on information technology, data files and civil liberties (the “French Data Protection Act”), 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 (the “GDPR”), and French and European laws governing personal data protection and privacy in electronic communications, including Directive 2002/58/EC on “Privacy and electronic communications”, as interpreted by the French National Commission for Information Technology and Civil Liberties (hereinafter the “CNIL”) and the Court of Justice of the European Union.
Through the Platform and Application, DASHDOC collects and processes, as data controller, personal data concerning the Customer and the User, including surname, first name, contact details (email, telephone number), the password used to access the account, bank details and connection data, under the conditions defined in the Personal Data Protection Policy.
DASHDOC also processes third parties’ personal data as the Customer’s processor, in particular when the User sends invitations to third-party partners to enable them to access the Platform or enters drivers’ personal data on the Platform. In this context, DASHDOC may process the following personal data:
contact details of an individual contact person working within the carrier’s or shipper’s company (surname, first name, email, telephone number);
drivers’ surnames and first names, vehicle registration plate number, driving licence validity date and number;
the driver’s geolocation associated with a timestamp at departure and arrival;
signatures of drivers and consignees of the goods;
when telematics is enabled, geolocation data, mileage, timestamps, etc.
When DASHDOC acts on the Customer’s behalf and on its instructions as the Customer’s processor, the Customer acknowledges that, as data controller, it is responsible for informing data subjects of DASHDOC’s processing of their data and ensuring that such processing has a lawful basis and that data subjects have, where applicable, consented to the collection and processing of their data and its transfer to third parties. The Customer is responsible for informing data subjects of their rights in relation to their data and how to exercise those rights. Accordingly, the Customer indemnifies DASHDOC against any third-party claims concerning the processing of personal data through the Platform.
Article 10. Access and telecommunications
The User is personally responsible for acquiring the hardware (including Mobile Devices) and software and subscribing to the telecommunications services (Internet access) needed to use the BackOffice remotely. Access to the BackOffice requires Users to have first connected to the Internet.
The User acknowledges that transmitting data over the Internet is subject to uncertainties entirely beyond DASHDOC’s control, particularly regarding transfer speeds, connection reliability, and the security and integrity of transmitted data. DASHDOC therefore cannot under any circumstances be held liable for any difficulties arising from problems with data transmission over the Internet, whether in using the Application or the BackOffice.
Article 11. Service availability and security
The User agrees to take all appropriate measures to protect their own content, data and/or software against contamination by any viruses on the Internet.
The software published by DASHDOC and incorporated into the Solution may update automatically when a new version or feature becomes available.
The User undertakes to update their IT configuration, particularly their Internet browser, if DASHDOC requests it, as the services can be provided only using the configuration required by DASHDOC for the latest version of the Solution.
Data hosting is outsourced to an external provider located in Belgium offering equivalent guarantees and the highest levels of security (ISO 9001 worldwide quality standard, ISO 27001 security management standard, ISO 27017 Cloud-specific controls and other security standards). The external provider has undertaken to take all necessary precautions to preserve data security and protect data against accidental or unlawful destruction, accidental loss, alteration, disclosure or unauthorised access.
Article 12. Changes to the Solution
DASHDOC continuously modifies and improves its Solution, particularly in response to technological developments and to take account of legal requirements. In this respect, DASHDOC may incorporate new features, add new services or modify certain characteristics of its Solution.
We will notify the User whenever we consider that we are making substantial changes that we reasonably believe may adversely affect the User’s rights under these Terms, with at least 15 days’ notice (which may be reduced in emergencies, particularly, for example, to ensure the security and proper operation of the Solution).
Article 13. Liability
The User accesses the Platform and Application and uses the Solution and associated services under their own responsibility.
No warranties are provided other than those expressly given under these Terms. In particular, no warranty is provided regarding the Solution’s performance, availability or continuous accessibility.
DASHDOC cannot be held liable for any unavailability of the Solution caused by external factors, including technical reasons, network congestion, misuse of the Solution or Internet service provider failures.
No warranty is provided that the Solution will evolve in line with regulatory and legislative developments relating to road freight transport.
Except in cases expressly provided for by law, as the host of Content uploaded by Users, DASHDOC assumes no liability for Content distributed by Users on the Platform, as it exercises no prior control over that Content.
The User is responsible for ensuring the accuracy, truthfulness and lawfulness of the Content and that the Solution complies with and is suited to their needs.
No warranty of continued availability is provided whereby DASHDOC guarantees continued operation of the Solution and each new version. If DASHDOC decides to discontinue its Solution, the User will be informed at least 60 days in advance. During that period, the User will be able to export their Content from the Database. At the end of that period, the User will no longer have access to their Content. As the “owner” of their Content, they are responsible for ensuring that they retain a copy.
DASHDOC’s liability may arise only on the basis of a best-efforts obligation where the User proves fault, under ordinary law, for direct and foreseeable damage suffered by the User.
Article 14. Suspension and termination of the right to use the Solution
The User is free to stop using the Solution at any time.
DASHDOC may suspend or permanently deactivate the User’s right to access the Solution and all resulting services in the event of serious and/or repeated breaches of their obligations under these Terms, including (i) conduct liable to give rise to DASHDOC’s and/or other Users’ civil or criminal liability, (ii) conduct liable to prevent proper operation of the Solution, (iii) provision of deliberately false or untruthful Content in the Database, (iv) failure to observe courtesy and consideration towards DASHDOC’s support service, (v) infringement of DASHDCOC’s, other Users’ or third parties’ intellectual property rights, (vi) disparagement/defamation of DASHDOC and/or its Solution, and (vi) more generally, harmful or prejudicial conduct towards DASHDOC and/or other Users.
Suspension or termination will generally take effect after 15 calendar days’ notice, except in the event of a serious breach liable to give rise to DASHDOC’s and/or other Users’ civil or criminal liability or prevent proper operation of the Platform, in which case suspension or termination will be immediate.
In these cases, the User will be able to export their Content from the Database in standard formats until the effective termination date. At the end of that period, the User will no longer have access to their Content, and DASHDOC reserves the right to permanently delete their Content from their account at any time.
Article 15. General provisions
The User agrees that DASHDOC’s tolerance of a situation does not grant the customer any acquired rights. Furthermore, such tolerance cannot be interpreted as a waiver of the right to assert the rights concerned.
If one or more provisions of these Terms are held invalid or declared invalid pursuant to a law, regulation or final judgment of a competent court, the remaining provisions will remain in full force and effect.
These Terms are governed by and interpreted in accordance with French law. Any dispute arising from these Terms will fall within the exclusive jurisdiction of the French courts.