Terms of Service

1. Definitions

• Service: the PRODEL web application at https://prodel.3bt.cy, the dispatcher dashboard, the driver app (PWA) and related interfaces.
• Agreement: these Terms, the Data Processing Agreement and the Order Form.
• Order Form: the email or document recording the Customer’s legal name, registration and VAT numbers, the Plan, the Administrator and the start date.
• Plan: the level of Service (limits, history, support, price) as shown on the Pricing page.
• Administrator: the dispatcher the Customer designates as contact for the Agreement; the Company’s notices to the Customer are sent to the Administrator’s email.
• Users: the dispatchers and drivers to whom the Customer grants access.
• Customer Data: everything the Customer or its Users enter — routes, stops, recipient details, proof photos, cash-on-delivery amounts, driver positions.
• Billing Period: the calendar month of subscription.
• Trial: the free period under clause 9.

2. Formation of the Agreement

1. The Agreement is formed when the Customer confirms the Order Form in writing (including by email). The Company opens the Administrator’s account after confirmation and keeps a record of it (date, sender, version of the Terms).
2. The person confirming represents that they act in the name and on behalf of a business and have authority to bind it.
3. The parties agree that articles 10 and 11(1) of the Cyprus Certain Aspects of Information Society Services Law (Law 156(I)/2004) do not apply between them.

3. The Service

The Company provides PRODEL as software as a service (SaaS): route planning and assignment, stop-order optimisation, estimated arrival times, a driver app with navigation, proof of delivery and cash-on-delivery records, a live map and history.

• Arrival times, distances and the suggested stop order are estimates based on map data; they do not take into account live traffic, incidents or road closures. The final decision on the route rests with the driver and the Customer.
• The Service supports addresses only in the areas of Cyprus under the effective control of the Republic of Cyprus, as approximated by the Company; addresses outside that zone are rejected.
• Stop coordinates are derived from third-party services (clause 13) from the text the User enters and may be inaccurate; the Customer verifies the position on the map before assignment.
• The proof photo is a documentation aid for the Customer, not a guarantee by the Company of proof of delivery towards third parties. If the photo cannot be stored within 30 minutes of the first attempt or exceeds the permitted size, the delivery is recorded without a photo and the driver is notified on screen.
• For every stop there is a delivery tracking link: an address that opens without sign-in and shows the recipient the status of the delivery and an estimated arrival window. The window is an estimate, not a commitment by the Company as to the time of delivery. The link is sent by the Customer’s Users from their own device — the Company sends no messages — and the Customer is responsible for whether and to whom it is sent, and for the business name and phone it enters to be displayed on the page. Anyone holding the address can open it until it expires; what it shows and when it expires is described in the Privacy Policy (section 2e).

4. Cash on delivery

The Service records the cash-on-delivery amount set by the dispatcher and the amount the driver declares to have collected. The Company does not collect, hold or transfer money, does not verify the accuracy of declarations and is not liable for discrepancies, loss or misappropriation of cash. Entries can be edited or undone by the Customer’s Users and are neither accounting records nor proof of collection towards third parties; the Customer keeps its own cash-control procedures.

5. Installation on the Customer’s infrastructure

Installation of the Service on the Customer’s server, or on a separate server operated by the Company for the Customer (“Fleet” Plan), is provided only under a separate written agreement defining the software licence, support obligations, SLA and the allocation of responsibility for hosting, security and backups. For installation on the Customer’s server, clause 12 and the Annexes of the Data Processing Agreement concerning hosting and backups do not apply; the Company processes data only while providing support, under the remaining terms of that Agreement.

6. Accounts, Users and devices

• The Customer designates one or more dispatchers, who create and manage driver accounts. The Customer warrants that its Users are adult employees or contractors acting within its business.
• Each User is responsible for keeping their password confidential. The Customer is responsible for every action taken through its accounts.
• The driver app sends the device’s position to the dispatcher dashboard only while the driver has a route in progress and is not on a break; only the latest position is kept, and it is deleted when the route is finished. The Customer, as employer and controller, must inform each driver in writing before their first route (the Company provides a template on request), assess whether an impact assessment is required, and not use location data for purposes other than coordinating deliveries without an independent legal basis (see also the Privacy Policy).
• The Customer is responsible for its Users’ devices: screen lock, up-to-date operating system and browser, signing out of the app at the end of a shift when the device is shared, and promptly notifying the Company of a lost or stolen device with an active session so that the session can be revoked.

7. Acceptable use

The following is prohibited:

• using the Service for an unlawful purpose or in breach of data-protection law;
• attempting to access another customer’s data or unauthorised parts of the system;
• automated bulk extraction of data, reverse engineering, reselling the Service or using it to provide routing services to third parties without written permission;
• operating the app while driving. The app is designed for use with the vehicle stopped. The Customer ensures its drivers comply with road-traffic law; the Company is not liable for traffic incidents, fines or damage related to use of the app while in motion.

8. Customer Data

• Customer Data belongs to the Customer. You grant us only the non-exclusive licence necessary to provide and maintain the Service, in accordance with the Data Processing Agreement. The Company may produce and use anonymous, aggregated usage statistics (e.g. stops per day) that do not identify a Customer, User or recipient.
• For personal data contained in Customer Data, the Customer is the controller and the Company the processor, under the Data Processing Agreement, which forms an integral part of these terms.
• The Customer may request in writing an export of Customer Data at any time during the Agreement and up to 30 days after its end. Within 10 working days the Company delivers routes, stops, users and records in CSV or JSON and proof photos in a compressed archive, via a secure link. One export per twelve months and one at termination are free of charge; a reasonable fee may be charged for additional exports. After the 30 days following termination the data is not recoverable.

9. Trial

The free Trial lasts 30 days from the creation of the Administrator’s account, requires no payment details and does not convert automatically into a subscription. Five days before it ends the Company notifies the Administrator. If no subscription is activated by the end of the Trial, access is suspended; Customer Data is kept for 30 days for export and then deleted under clause 17. If a subscription is activated, Trial data is kept as is. During the Trial the Service is provided “as is”, without telephone support or SLA; clauses 8 and 16 and the Data Processing Agreement apply in full.

10. Plans and limits

1. The Customer’s Plan, its limits (number of drivers and dispatchers, history period, support channels) and its price are those shown on the Pricing page on the date of the Order Form.
2. For the limits, a “driver” is every account with the driver role existing in the Service on the first day of each Billing Period, regardless of use. The Customer may remove accounts at any time.
3. If the Customer exceeds its Plan limits, the Company notifies it; if the excess is not remedied within 14 days, the Customer is deemed to have chosen the smallest Plan covering its use, from the next Billing Period.
4. An upgrade takes effect immediately, with pro-rata charging of the difference for the remainder of the Period. A downgrade takes effect from the next Billing Period, provided usage is within the new Plan’s limits.
5. The Company may delete routes older than the Plan’s history period after giving the Administrator 30 days’ notice and the opportunity to export.

11. Prices and payment

1. Prices are shown on the Pricing page in euro, per month, excluding VAT. VAT is added at the applicable rate; for customers established in another member state with a valid VAT number the reverse charge applies.
2. The subscription is invoiced monthly in advance, on the first day of each Billing Period. The invoice is emailed to the Administrator and is payable within 14 days by bank transfer.
3. Late payment bears statutory interest under the Cyprus Late Payment in Commercial Transactions Law (Law 123(I)/2012), without demand. If payment is more than 14 days late, the Company may, on 7 days’ written notice, suspend access until settlement; during suspension Customer Data is retained and the subscription continues to be invoiced. If payment is more than 45 days late, the Company may terminate the Agreement under clause 17, and the 30-day export period applies.
4. Price changes are announced to the Administrator with at least 30 days’ notice and take effect from the next Billing Period. The Customer may terminate the Agreement without penalty by written notice before the new price takes effect.
5. Amounts paid are non-refundable, unless the Company terminates for convenience under clause 17 or the law provides otherwise.

12. Availability, maintenance and support

• The Company makes reasonable efforts to keep the Service continuously available but does not guarantee a specific availability percentage or uninterrupted operation, unless an SLA is agreed (“Fleet” Plan). Scheduled maintenance normally takes place between 23:00 and 06:00 Cyprus time, with at least 24 hours’ notice to the Administrator when an interruption of more than 15 minutes is expected; urgent security work may be carried out without notice.
• The driver app depends on the Customer’s device, operating system, browser, GPS and mobile network; when another app (e.g. navigation) is in the foreground, the browser may suspend position updates.
• The driver app also works without a connection for recording deliveries; synchronisation happens as soon as the connection is restored. Until synchronised, deliveries exist only on the device and are lost if the device is lost, destroyed or its browser data cleared.
• Daily backups of the database and proof photos are taken, as described in the Data Processing Agreement.
• Support is provided by email at andreas@3buttontrading.com, Monday–Friday 09:00–17:00 (Cyprus time), with a first response within one working day; telephone support is provided on the Plans that include it, during the same hours. Support covers the operation of the Service, not staff training or the Customer’s accounting, unless agreed separately.

13. Third-party services

Navigation opens in third-party apps (Waze, Google Maps, Apple Maps) on the driver’s device, under their own terms. Map tiles and address geocoding come from OpenStreetMap, and address autocomplete from Google. The Company is not responsible for the availability or accuracy of these services. What data each one receives is described in the Privacy Policy.

14. Intellectual property

The PRODEL software, design and marks belong to the Company. You acquire no right beyond the right to use the Service for the duration of the Agreement. Suggestions or feedback from the Customer about the Service may be used freely by the Company without obligation or payment, without disclosing the Customer’s identity or Customer Data.

15. Confidentiality

Each party keeps confidential the non-public information of the other received under the Agreement (including Customer Data and commercial terms), uses it only to perform the Agreement and discloses it only to staff and contractors who need it and are bound accordingly, or where required by law. The obligation lasts three years after termination, and indefinitely for personal data.

16. Liability

1. The Company provides the Service with reasonable care and skill, as described in these terms. Any other warranty, express or implied, is excluded to the extent permitted by law. The Trial is provided “as is”.
2. The Company is not liable for: (a) indirect or consequential loss, loss of profit, business or reputation; (b) late, failed or incorrect deliveries, or the accuracy of arrival times, distances, stop order or address geocoding (clause 3); (c) acts or omissions of Users, including the collection or handing over of cash on delivery (clause 4); (d) third-party services under clause 13; (e) loss of data not synchronised from a Customer device, or due to a cause beyond its reasonable control; (f) claims by recipients, drivers or authorities arising from Customer Data or the Customer’s use of the Service.
3. The Company’s total liability arising from or in connection with the Agreement, for all claims together in any twelve-month period, is limited to the greater of: (a) the amount paid by the Customer for the Service in the twelve months before the event giving rise to the first claim, or (b) €1,000.
4. Nothing in these terms excludes or limits liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, for wilful misconduct or gross negligence, or any liability that cannot be excluded by law. Each party’s liability towards data subjects under article 82 GDPR is not limited by this clause; between the parties, each bears the share of damage attributable to its own breach (article 82(5)).
5. The Customer indemnifies the Company for any damage, fine and reasonable expense arising from a third-party claim (recipient, driver, authority) caused by unlawful entry of data, failure to inform Users or recipients, breach of clause 7, or an instruction of the Customer to the Company.
6. No claim under the Agreement may be brought more than twelve months after the party knew or ought to have known the facts giving rise to it, subject to paragraph 4.

17. Term and termination

1. The subscription runs for one month and renews automatically for successive months.
2. The Customer may terminate the Agreement at any time by written notice (including by email to andreas@3buttontrading.com); termination takes effect at the end of the Billing Period in which 30 days from the notice are completed. The Company may terminate the Agreement for convenience on 90 days’ written notice.
3. Either party may terminate immediately by written notice if the other party: (a) materially breaches the Agreement and fails to remedy the breach within 14 days of written notice, or the breach cannot be remedied; (b) enters liquidation or administration or ceases business. The Company may also terminate immediately for a serious breach of clause 7 or of the Data Processing Agreement by the Customer, and under clause 11 for non-payment.
4. After termination, Customer Data is kept for 30 days for export (clause 8) and then deleted, except for what the law requires to be retained (e.g. invoices). Backups are rotated as set out in the Data Processing Agreement.
5. On expiry or termination, Users’ access ends; amounts accrued before termination remain payable; clauses 8, 14, 15, 16, 19, 20 and the Data Processing Agreement (until deletion is complete) survive.

18. Changes to the terms

We may update these terms. Material changes are announced by email to the Administrator at least 30 days before they take effect. Before a material change that is to its detriment takes effect, the Customer may terminate the Agreement in writing without penalty, effective on the date the change takes effect; otherwise, continued use constitutes acceptance. Non-material changes (corrections, legal references, contact details) take effect on publication with a new update date.

19. General

1. Force majeure. Neither party is liable for delay or failure to perform (other than payment) caused by an event beyond its reasonable control, such as failure of telecommunications or power, failure of a hosting provider, a cyber-attack despite reasonable measures, strike, natural disaster or act of authority. If the event lasts more than 30 days, either party may terminate in writing.
2. Assignment. The Customer may not assign the Agreement without the Company’s written consent. The Company may assign the Agreement to an affiliate or a successor of its business on 30 days’ notice; the Customer may then terminate without penalty.
3. Notices. Notices are given in writing by email: to the Company at andreas@3buttontrading.com, to the Customer at the Administrator’s email. They are deemed received on the next working day after sending, unless a failure message is returned. The Customer informs the Company of any change of Administrator or email.
4. Entire agreement. The Agreement is the entire agreement of the parties on its subject matter and supersedes any prior discussion, offer or presentation. The Customer’s purchasing terms or other forms do not apply, even if the Company does not expressly reject them. Neither party has relied on any statement not contained in the Agreement, without prejudice to liability for fraud.
5. Miscellaneous. If a term is held invalid, the others remain in force and the invalid term is replaced by a valid one with the closest effect. Failure to exercise a right is not a waiver. The parties are independent contractors. Third parties acquire no rights under the Agreement, except data subjects as provided by law.
6. Language. These terms are drawn up in Greek. The English translation is provided for convenience; in case of discrepancy the Greek text prevails, unless the Order Form provides otherwise.

20. Governing law and jurisdiction

The Agreement is governed by the law of the Republic of Cyprus. The courts of Nicosia have exclusive jurisdiction over any dispute arising from or in connection with the Agreement, without prejudice to the Company’s right to pursue recovery of debts at the Customer’s location.

21. Company details

• Three Button Trading Ltd
• Reg. no.: HE 426226 · VAT: CY10426226N
• Registered office: 4 Makedonias Street, Troulloi, 7505 Larnaca, Cyprus
• andreas@3buttontrading.com · +357 99 606664