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Terms of service

last change: 20 April 2025

 

Welcome to our online store and to our General Terms and Conditions!

These General Terms and Conditions refer to our online store, purchase of our products, digital services and the use of our application. You hereby accept these conditions as an integral part of the agreement upon ordering MYTACHO and when using the MYTACHO application and you shall be bound by them the entire time you use our online store www.MYTACHOapp.com and our products and services, therefore read them carefully.

These General Terms and Conditions govern, inter alia, the purchase and use of the MYTACHO hardware (hereinafter also referred to as the 'goods', 'product', 'recorder', or 'connector'), the operation of the MYTACHO application, the rights and obligations of the User and the provider, and the overall business relationship between the provider and the User concerning MYTACHO, the MYTACHO application, and all its upgrades. 


1. ONLINE STORE MANAGER

www.MYTACHOapp.com online store (hereafter: online store) is managed by INOVA5, informacijske rešitve, d.o.o., Dunajska cesta 5, 1000 Ljubljana, Slovenia, European Union (hereafter: “provider” or “company”). 


2. AREAS OF USE

These General Terms and Conditions shall apply exclusively to orders placed in the online store at www.MYTACHOapp.com, specifically in the version in effect at the time of the order. Any terms that contradict, amend, or differ from these Terms and Conditions shall not apply unless explicitly confirmed in writing.

The provider is the owner and copyright holder of all content on the online store www.MYTACHOapp.com, the MYTACHO application, and all its upgrades, as well as the supplier and copyright holder of the MYTACHO registered trademark. By entering into an agreement for MYTACHO, you become a User of our services. However, you do not acquire any copyright or ownership rights, but only the right to access and use the MYTACHO application for the duration of the agreement, subject to the conditions outlined in the agreement and these General Terms and Conditions. Users of the application agree to respect the copyright and other rights of the provider for the entire duration of the agreement. This includes, in particular, the User's obligation not to interfere with the application, nor to reproduce, copy, distribute, or use it in any way contrary to the terms of the agreement and these General Terms and Conditions, without the prior written consent of the owner. 

 

3. COMMUNICATION

To facilitate quicker and more effective communication, we have decided to introduce electronic communication with Users. Communication will occur through the website www.MYTACHOapp.com, the email address info@MYTACHOapp.com, or other forms of messaging within the website or application..

By using the website and MYTACHO application, you agree that this form of communication is the only valid and legally binding method, unless the law requires a different type of communication in a specific case. 

The conclusion of the agreement, notifications, termination, withdrawal, and other communications between the provider and the Users are valid and legally binding if provided to the other party in electronic form. 


4. OUR PRODUCTS AND SERVICES 

4.1. MYTACHO APPLICATION

The MYTACHO mobile application (hereafter also referred to as the “digital service”) is designed to record tachograph data and driver card information. Users can access the application by purchasing MYTACHO hardware. MYTACHO+ is an upgrade of the MYTACHO application and enables additional functionalities, such as:

  • integration with TAHOPRO,

  • integration with email,

  • recording reminders, etc.

New functionalities are being added within updates, which will be visible on the website www.MYTACHOapp.com and within the MYTACHO app.

The use of the MYTACHO app upgrade, called MYTACHO+, is tied to an annual subscription, in accordance with the Price List, which the User pays in advance to the provider.  The first year of using the MYTACHO+ upgrade is free. By paying the annual subscription, the User gets unlimited access to all additional features provided by the MYTACHO+ upgrade for the next 12 months. The annual subscription automatically renews for the following year unless the User cancels the subscription at least 7 days before the end of the current year from the date of the last payment. 

The services of the application and their entire content, features, and functionality (including information, software, text, etc.) are owned by the provider and are protected by copyright law, trademark law, patents, trade secrets, and other intellectual property or proprietary laws. By entering into a contract for MYTACHO and/or the MYTACHO+ upgrade, as a User of the application, you do not receive any copyrights or ownership rights, but only the right to access and use the MYTACHO application, valid for the duration of the contract, under the terms of the agreement and these terms of service This also means that it is not permitted to reproduce, distribute, modify, create derivative works, publicly display, perform, re-publish, transmit, or store any material in our services, unless prior written explicit permission is obtained from the Provider. By entering into the contract, no rights, titles, or shares in the services or any content within the services are transferred to the User, and all rights not explicitly granted are reserved by the Provider. Any use of the services not explicitly permitted by these terms of service constitutes a violation of these terms of service and represents an infringement of copyright law, trademark law, and other laws related to intellectual property.


4.2. MYTACHO

The MYTACHO hardware is a recorder for mobile tachograph and driver card recording, through which the MYTACHO mobile application is used. The MYTACHO hardware must be used by first connecting it to the USB port on a mobile phone, tablet, or other device that supports USB devices and has OTG support. After successfully inserting the product into a mobile phone or tablet that supports OTG, the product automatically recognizes MYTACHO. If it is not recognized, you need to check whether the product was inserted correctly so that it fits properly into the appropriate USB port of your device.

Ownership of the MYTACHO hardware passes to the buyer when the provider hands the products over to the carrier; however, the carrier is responsible for any loss or damage to the products during transport to the User. From the moment the provider hands over the shipment to the carrier, the provider is no longer responsible for cases of physical damage, destruction, or loss of the shipment, nor if there is a shortage of content in the shipment or if the shipment shows signs of tampering. In such cases, the User must initiate a complaint process with the carrier.

The provider will deliver the ordered product to the User within the agreed timeframe. The delivery time for the product is generally 1–5 working days for delivery within the Republic of Slovenia, and approximately 20 days for delivery to other EU countries. If the delivery time exceeds 20 working days, the provider will notify the User in advance via email.

By purchasing the MYTACHO hardware, the User gains the right to use the MYTACHO application but does not gain the right to use the MYTACHO+ upgrade, as the right to use it is subject to a separate or additional purchase. 


5. PRICE LIST

The provider charges all services in accordance with the current price list. The price list is an annex to these general terms of service and the contract, and is available at www.MYTACHOapp.com. At the time these general terms of service take effect, the price list with the effective date of 29.04.2025 applies.


The provider reserves the right to change the price list without the User's consent. Each price list includes the date of adoption and the effective date, which is 30 days after the date of adoption. The User agrees that they are deemed to be informed of each price list change as of its publication on the website and has the right to terminate the contract within 8 days from the date of adoption of the new price list, with a 30-day notice period.


6. CONTRACTUAL RELATIONSHIP

6.1. CONTRACT CONCLUSION

To access the MYTACHO application and to order other additional digital services (e.g. the MYTACHO+ upgrade), you enter into a contract with the provider by completing a form in the online store with the required information (for legal entities: company name, company address, registration number, tax number, legal representative, email address for all communication, phone number, and driver and vehicle details), and by selecting the product and/or service you wish to purchase. After clicking on the selected service, the price of the product and/or service, any legally required taxes, and the payment terms will be displayed, which you confirm by entering your payment method into the form and proceeding to pay for the selected product and/or service. The available payment methods in our online store include the following credit/debit cards: Visa, Visa Electron, Mastercard, Maestro, and Diners. To ensure the highest level of payment security, the authenticity of completed transactions is monitored.

By clicking to agree to these General Terms and Conditions and the Privacy Policy, confirming that the information you entered is correct, and completing payment for the selected product or service, the contract is considered concluded. The invoice for the paid service will be sent to your email address provided in the form, which you agree to by accepting these general terms. For the duration of this agreement, the User will be granted unlimited access to the MYTACHO application.


6.2. TERM OF THE CONTRACT

The contract remains valid for as long as the Provider operates the MYTACHO application. During the term of the contract, the Provider may disable the User’s access to the MYTACHO application if the User fails to fulfill their obligations under these general terms, particularly, but not exclusively, in cases of infringement of the Provider’s copyrights, patents, or other rights.


7. RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES

7.1 OBLIGATIONS OF THE PROVIDER

The provider will make efforts to ensure that the MYTACHO application functions smoothly and in accordance with applicable laws and regulations, but cannot be held liable for damages, inaccuracies, or ambiguities resulting from:

  • User interference with the mobile application or its upgrades that are subject to this contract and these General Terms and Conditions,

  • Force Majeure,

  • the User's failure to fulfill obligations under this contract, especially failure to notify of important circumstances, 

  • system breach,

  • errors in reports, software code, or in driver or vehicle data files, 

  • and any other damages (loss of profit, income, business opportunities, reputation, or expected savings; indirect or consequential loss; punitive damages) not caused by intentional or negligent conduct of the provider, which the User expressly agrees to by entering into the contract and accepting these General Terms and Conditions. 

If the relationship between the Provider and the User must be governed by the User’s law and not the Provider’s (Slovenian law), and the User’s applicable law does not allow such limitations of the Provider’s liability, then the provisions of the applicable law shall apply.  In such cases, any compensation the Provider is required to pay to the User is limited to the amount equal to the price paid for the ordered service within one year.

 

7.2. OBLIGATIONS OF THE USER

The User shall pay the agreed price to the Provider for access to the MYTACHO application and any additional services within the payment deadline.

The User undertakes to ensure regular data recording in accordance with the law. After recording, the User shall check whether the data for the desired period has been transferred. The User is responsible for any potential data loss. The User must separately store all recorded files in a timely manner and is solely responsible for creating and maintaining backups.


7.3. RIGHTS OF USERS

7.3.1. Rights of all Users

7.3.1.1. Warranty of Proper Functioning

A warranty is any obligation the Provider undertakes toward the User, in addition to the Provider’s legal obligations under mandatory conformity guarantees, by which the Provider commits to repair or replace the goods free of charge, or refund part or all of the purchase price if the goods do not meet the specifications or lack the properties stated in the warranty certificate, which is available at or before the conclusion of the contract. The warranty period is at least one year, unless otherwise specified in the warranty certificate. The warranty period begins on the date the goods are delivered to the User.  

The Provider guarantees the quality of the product and its proper functioning during the warranty period, provided it is used by the User in accordance with its intended purpose and the accompanying instructions. If the goods under mandatory warranty do not meet the specifications or lack the properties listed in the warranty certificate, the User may first request the correction of defects.

If the defects are not corrected within a total of 30 days from the date the Provider received the User’s request for correction, the Provider must replace the goods free of charge with identical, new, and faultless goods. The deadline may be extended to the shortest period necessary to complete the repair or replacement, but no more than 15 days. When determining the extended period, the nature and complexity of the goods, the nature and severity of the nonconformity, and the effort required to complete the repair or replacement shall be considered. The Provider shall inform the User of the number of days for the extension and the reasons for it before the expiration of the original deadline stated in the previous paragraph. If the Provider does not repair or replace the goods within the set period, the User may request a full refund or a proportionate reduction of the purchase price.


7.3.2. Special Rights of Users with Consumer Status

A consumer is a natural person who acquires or uses goods, services, and digital content for purposes outside of their professional or business activity.


7.3.2.1. Withdrawal from the Contract

The User has the right to notify the Provider within 14 days from the day they take actual possession of the MYTACHO product that they wish to withdraw from the contract, without having to provide a reason for their decision. 

To exercise the right of withdrawal, the User must notify the Provider with an unequivocal statement of their decision to withdraw from the contract to the email address: info@MYTACHOapp.com (e.g., a notice sent by post or email). To ensure the withdrawal period is respected, it is sufficient for the notification regarding the exercise of the User’s right to withdraw from the contract to be sent before the withdrawal period expires. If the User withdraws from the contract, the Provider will reimburse all payments received, including delivery costs, without undue delay and in any case within 14 days from the day the Provider receives the withdrawal notice. The reimbursement will be made using the same payment method as was used for the original transaction, unless expressly agreed otherwise; in any case, the User will not bear any costs due to this reimbursement. The Provider may withhold reimbursement until they have received the returned goods or until the User has provided evidence that the goods have been sent back, whichever occurs first. The User returns the goods at the Provider’s expense. The User is only responsible for the diminished value of the goods resulting from handling the goods in a way that is not necessary to determine their nature, characteristics, and functioning.


7.3.2.2. Non-compliance of Goods

The Provider must deliver the product to the User in accordance with the contract and is responsible for any non-compliance the goods had at the time of delivery.

The goods are not in compliance with the contract, particularly when:

  • it does not match the description, type, quantity, and quality, and lacks functionality, compatibility, and other characteristics as stated in the contract,

  • it is not delivered with all accessories and instructions, including installation instructions, as specified in the sales contract,

  • it does not meet the purpose for which goods of the same type are usually used, taking into account, where appropriate, other regulations, technical standards, or, in the absence of such technical standards, industry codes of conduct applicable to the sector in question,

  • it is not of the proper quantity and lacks characteristics and other qualities, including sustainability, functionality, compatibility, and safety, which are typical for goods of the same type and which the User can reasonably expect based on the nature of the goods, etc.

Procedure and warranty claims in case of non-compliance:

The User can notify the Provider of the non-compliance via email at info@MYTACHOapp.com. The User may assert their rights regarding non-compliance if they notify the Provider within 2 months of discovering the non-compliance. In the notice of non-compliance, the User must provide a detailed description of the non-compliance and allow the Provider to inspect the item. The Provider is not liable for non-compliance of the goods that appear after one year from the delivery of the goods. The non-compliance of the goods will be presumed to have existed at the time of delivery if it becomes apparent within one year from the date of delivery.

In the case of proper notification to the Provider about non-compliance, the User is entitled, under the conditions and in the order set out in this section, to:

  1. Request the Provider to restore the compliance of the goods free of charge, and in order to restore the compliance of the goods, the User may choose between having the goods repaired or replaced with new, flawless goods, unless: 

  • fulfilling the selected warranty claim is impossible, or

  • fulfilling the selected warranty claim would result in disproportionate costs for the Provider compared to another warranty claim, taking into account all circumstances.

  1. Request a reduction in the purchase price in proportion to the non-compliance or cancel the contract and demand a refund. The User may request a proportional reduction in the purchase price or cancel the sales contract in any of the following cases: 

  • The Provider has not repaired or replaced the goods or, where appropriate, has not completed the repair or replacement of the goods, or has refused the User's warranty claim to restore the compliance of the goods. 

  • The non-compliance persists even though the Provider attempted to restore compliance.

  • The Provider has declared or it is apparent from the circumstances that they will not restore the compliance of the goods within a reasonable time or without significant inconvenience to the User.

If the non-compliance appears within less than 30 days from the delivery of the goods, the User may cancel the contract and demand a refund of the amount paid.

In any case, the User also has the right to claim compensation for damages from the Provider, especially for the shipping costs incurred when enforcing the warranty claim.


8. CHANGES TO THE TERMS AND CONDITIONS

The Provider may modify the Terms and Conditions of use, including the price lists, without prior consent from the User. The Provider may also change the Terms and Conditions of use, regardless of whether this alters the existing contractual relationships. If the change in the terms and conditions of use does not affect the Users, the changes may be implemented on any date without prior notice (for example, changes to contact details, etc.). In the case of changes that affect Users, the Provider will consider the reasonable interests expressed by the majority of Users. 

The Provider will notify Users of changes that affect them by publishing the changes on their website at least 30 days before the changes take effect. After 15 calendar days, the new general terms and conditions will apply to the relationships between Users, Providers, and others.  Any User may withdraw from the contract due to the changed terms and conditions with a 15-day notice period.


9. COMPLAINTS AND DIPSUTES

For all legal relationships concerning these General Terms and Conditions and the contractual relationship between the Provider and the User, the law of the Republic of Slovenia applies exclusively. The contracting parties agree to resolve all disputes arising from the mutual relationship through amicable communication. In case of failure to reach an agreement, the court in Ljubljana, Slovenia, European Union, has exclusive jurisdiction for resolving all disputes.

he Provider also complies with the relevant consumer protection laws. If you are a consumer from the EEA, you are entitled to rights under consumer protection legislation, even if they differ from these general terms and conditions. Among other things, you have the right to withdraw from the contract within 14 days without stating a reason, with the withdrawal period expiring 14 days from the day the contract is concluded. You must notify the Provider of your withdrawal with a clear, unequivocal statement, sent via email to info@MYTACHOapp.com or by letter sent by post to our address: INOVA5, Information Solutions, Ltd., Dunajska cesta 5, 1000 Ljubljana. The statement must include your identification details (first name, last name, address, order date, ordered services, the text: "I hereby inform you that I am withdrawing from the contract I concluded with you on __________________.", date and place, and signature if the letter is sent in physical form by post.) 


10. FINAL PROVISIONS 

If any provision of these Terms and Conditions becomes legally invalid, it does not affect the validity of the remaining provisions.

These General Terms and Conditions are valid and apply from the date of 29.04.2025.