Versie 2026-10 / Version 2026-10

TrapSpotter BV · Trekschurenstraat 245, 3500 Hasselt, Belgium · enterprise number 1031.603.017 (RLE Antwerp, Hasselt division) · VAT BE1031603017 · contact@trapspotter.com

1. Scope

1.1 These terms govern the TrapSpotter Teams and TrapSpotter Fleet subscriptions (together: the service) that TrapSpotter BV (TrapSpotter, we) provides to a business (the customer). They apply from the customer's registration in the console at fleet.trapspotter.com, including during a trial or a pilot.

1.2 The data processing agreement forms part of these terms. For a pilot, the pilot terms also apply. In the event of a conflict, the following order of precedence applies: a written agreement signed by both parties, the data processing agreement (for the processing of personal data), the pilot terms (during the pilot), these terms.

1.3 The customer's terms and conditions or purchasing terms do not apply, even if the customer refers to them.

1.4 Each driver's own TrapSpotter account remains subject to TrapSpotter's terms and conditions and privacy policy. These terms do not give the customer access to that account, except to what the service shows (clause 3).

2. Who can buy

2.1 The service is intended only for businesses acting in the course of their professional or business activity. A valid VAT number is required to subscribe; registering and trying out the console are possible without one. For private use, there is TrapSpotter Premium in the app.

2.2 Anyone who registers the customer, starts a subscription or accepts these terms declares that they are authorised to bind the customer for that purpose.

2.3 The service is offered to businesses established in Belgium, the Netherlands, Luxembourg, France and Germany. Teams is not offered to businesses in Germany (clause 9.4).

3. The plans

3.1 Teams. Each seat gives the driver TrapSpotter Premium in the app for as long as the seat is active. Teams records nothing about the drivers: no workdays, no trips, no positions. In the console, the customer sees only the people it invited, their status and their seat, and its invoices.

3.2 Fleet. Everything in Teams, and in addition:

Workdays and trips. The app records only between "Start workday" and "Stop workday": departure, arrival, the route taken, the distance, the vehicle or the driver's own car, and the client. A workday stops automatically after the number of hours the customer chooses (4 to 14, 10 by default).
Private trips. A driver can make any trip private. The places, the route and the client are then permanently erased; only the time and the distance remain.
Hours, clients and addresses.
Vehicles and their documents, with an email 30 days and 7 days before a document expires.
Receipts with a photo, which the customer approves or rejects.
Live positions, off by default. If they are switched on, only for drivers during a workday, at most once a minute, and erased after 30 minutes.
"Who was driving?" Using the number plate and the time of a traffic offence, the customer finds the trip and the driver, with a countdown to the end of the statutory period for designating the driver, in the countries where one exists. The customer can ask the driver to confirm this in the app.
Mileage statement. Per month and per driver: business kilometres in the driver's own car and in a company vehicle, workdays, hours and the mileage allowance at the rate the customer sets (clause 9.5); per client: visits, kilometres and time on site.
Exports as CSV.

3.3 The console. Owners and managers use the console free of charge. An owner or manager who also has their own work trips recorded counts as a seat.

3.4 Alerts in the app. In each country, the app shows what the law there allows (in France, for example, speed cameras as danger zones). For business seats, the following also applies:

Police checks are hidden by default during work: with Teams, always for that seat, unless the driver also pays for Premium personally; with Fleet, during a workday. The customer can switch them on in the console. This is TrapSpotter's choice, not a legal obligation.
In Germany, alerts for speed cameras and average-speed checks are also off during a workday, because the driver may not use any function there that warns of speed checks (§ 23(1c) of the German Road Traffic Regulations (Straßenverkehrs-Ordnung)).
Hazards and traffic information always remain visible.

3.5 What the service is not. The mileage statement and "Who was driving?" are tools: the customer checks the data before using it. The service is not a system of trip records for tax purposes (such as a trip log for the Dutch tax authorities) and is not payroll, tax or legal advice. Positions and distances come from the driver's phone and may be inaccurate or missing (no network, a phone that is switched off, an app that the operating system stops).

4. Prices

4.1 Teams costs €3.95 and Fleet €4.95 per seat per month, excluding VAT. At least three seats are charged, even if fewer are in use. Invited people who have not yet accepted the invitation and managers who do not drive cost nothing.

4.2 The prices shown in the console at the time the customer starts the subscription apply. For a pilot or a large fleet, the parties may agree a different price in writing.

4.3 Price changes are governed by clause 15.

5. Trial and pilot

5.1 When the customer adds a payment method for the first time, the first 14 days are free. Each company gets this trial once: per company, per VAT number, per owner and per card or bank account. After the trial, billing starts unless the customer cancels before the trial ends.

5.2 A 60-day pilot without a payment method is possible by arrangement with TrapSpotter, under the pilot terms. A pilot counts as the company's trial.

6. Billing and payment

6.1 The subscription runs month by month and is invoiced monthly in advance. The customer pays through Stripe, by card or by SEPA Direct Debit, and authorises Stripe and TrapSpotter to collect each invoice using that payment method.

6.2 Seats follow the drivers. If a seat is added, the remaining part of the current month is charged pro rata. If a seat is removed, the customer receives the unused part pro rata as a credit on a later invoice. No credit is given for a reduction while the latest invoice is unpaid. A credit is set off against later invoices and is not paid out, except where TrapSpotter terminates the agreement without any breach by the customer.

6.3 Invoices are available in the console and are sent by email to the billing address. The customer accepts electronic invoices. For customers in Belgium, we also send invoices via the Peppol network as soon as sending via Peppol is active for TrapSpotter; until then, they receive them by email and in the console.

6.4 Prices exclude VAT. A customer in Belgium pays 21% Belgian VAT. A customer in another member state of the European Union with a valid VAT number receives an invoice without Belgian VAT, with the mention "Reverse charge" ("Btw verlegd"); that customer then accounts for the VAT itself in its own country. The customer keeps its VAT number and address accurate. Without a valid VAT number, Belgian VAT may be due.

6.5 Invoices are payable on receipt; the payment method is charged automatically. In the event of late payment, the interest and the flat-rate compensation of €40 provided for by the Belgian Act of 2 August 2002 on combating late payment in commercial transactions are due by operation of law and without formal notice.

7. Failed payment

7.1 If the payment for a subsequent month fails for a customer who has paid before, Stripe tries again. For 16 days from the failed payment, the seats keep working and the drivers keep Premium; no drivers can be added during that time. After that, the seats and the recording stop until the payment succeeds.

7.2 If the first payment after a trial or pilot fails, the service stops immediately.

7.3 If none of the new attempts succeeds (Stripe keeps trying for about three weeks), the subscription is terminated. No one can then start a workday any longer, ongoing workdays stop and the seats no longer give Premium. Clause 17 applies to the data.

8. Cancellation

8.1 The customer can cancel the subscription in the console at any time. The cancellation takes effect at the end of the paid month; until then, everything works and the customer can undo the cancellation. The current month is not refunded; pro rata amounts still outstanding are included on the final invoice.

8.2 Cancelling during the trial costs nothing.

9. The customer's obligations as an employer

9.1 For the data that the service processes for the customer, the customer is the controller and TrapSpotter is the processor (data processing agreement). The customer decides what it uses the service for and ensures that it has its own legal basis.

9.2 Before a driver starts their first workday, the customer ensures that:

the driver knows what is recorded, when, why, who sees it, how long it is kept and what rights they have;
the use is set out in a policy and, where the law requires it, in the work rules or similar rules;
the employee representatives are involved where the law requires it (for example the works council in Belgium or the Netherlands, the comité social et économique in France, the délégation du personnel in Luxembourg, the Betriebsrat in Germany);
a data protection impact assessment (DPIA) has been carried out where the law requires one;
only managers who need it are given access.

TrapSpotter provides templates for each country (policy, information letter for drivers, DPIA). They are templates: the customer adapts them to its situation and remains responsible for compliance.

9.3 The customer does not use the service to track drivers outside the workday or during private trips, does not circumvent the safeguards and does not use the data to check its drivers' driving speed.

9.4 The customer ensures that its drivers comply with the traffic rules and do not operate the app while driving in a way that the law prohibits. Alerts are not a licence to speed. In Germany, the driver may not, while driving, use any function that warns of speed checks (§ 23(1c) of the German Road Traffic Regulations (Straßenverkehrs-Ordnung)); that is why those alerts are off there during a workday, and the customer does not ask its drivers to use them. For the same reason, Teams is not offered in Germany.

9.5 The customer chooses the mileage allowance rate. The country's standard rate (in Belgium, €0.4761 per kilometre from 1 July 2026 up to and including 30 June 2027) is a suggestion; the customer remains responsible for the tax and social security treatment of what it pays.

9.6 "Who was driving?" is a tool. The customer decides whether, and whom, it designates as the driver, checks the data beforehand and observes the statutory deadline. Data about traffic offences is data relating to criminal offences (Article 10 GDPR): the customer processes it only where the law allows and gives access to it only to those who need it.

9.7 The customer keeps its company details, VAT number and billing address accurate, secures access to the console and is responsible for what its managers do in the console.

10. Acceptable use

The customer does not use the service:

to track people who are not drivers or staff of the customer, or who have not been informed;
for unlawful purposes or in a way that infringes the rights of others;
to copy, reverse-engineer or scrape the service, or to burden it with automated requests beyond normal use;
to resell seats or make them available to third parties;
to enter in free-text fields (notes, descriptions) data that does not belong there, such as health data.

11. Data protection

11.1 The data processing agreement governs how TrapSpotter processes personal data for the customer.

11.2 TrapSpotter is itself the controller for each user's TrapSpotter account and their use of the app outside the features of the service (privacy policy), for the contract and billing data of the customer and its contact persons, for the security of the service and for statistics that identify no one.

12. Availability and support

12.1 TrapSpotter makes reasonable efforts to keep the service available and secure, but does not guarantee uninterrupted operation. Planned maintenance takes place outside office hours as far as possible. The service also depends on phones, operating systems, GPS and mobile networks.

12.2 Support is provided by email via contact@trapspotter.com, in Dutch, French or English, on Belgian working days. We usually reply within two working days.

12.3 TrapSpotter may improve the service and change features, as long as the core of the plan remains. We announce a change that materially reduces a plan 30 days in advance, as set out in clause 15.

13. Liability

13.1 TrapSpotter's total liability is limited to the amounts that the customer paid TrapSpotter for the service in the twelve months before the event giving rise to the damage, excluding VAT.

13.2 TrapSpotter is not liable for indirect damage, such as loss of profit, missed savings, loss of clients or reputational damage, nor for fines, settlements or penalties imposed on the customer or its drivers.

13.3 The service is not an archive. The customer itself keeps, using the exports, the data that it is required by law to keep.

13.4 These limitations do not apply in the event of intent, fraud or gross negligence on the part of TrapSpotter or its employees or agents, nor to damage resulting from death or personal injury, nor to the extent that the law prohibits a limitation.

13.5 The customer indemnifies TrapSpotter against third-party claims, including claims by its drivers and by public authorities, arising from its use of the service in breach of these terms or of the law.

14. Intellectual property

14.1 TrapSpotter and its licensors retain all rights in the app, the console, the software, the maps and the content. For the duration of the subscription, the customer receives a non-exclusive and non-transferable right to use the service for its own business.

14.2 The data that the customer and its drivers enter into the service or have recorded by it remains the customer's. TrapSpotter uses it only to provide the service, in accordance with the data processing agreement.

14.3 TrapSpotter may freely use the customer's suggestions and feedback.

15. Changes to the terms and the prices

15.1 TrapSpotter may change these terms, the data processing agreement and the prices. We give notice of a change at least 30 days in advance, by email to the owner and in the console. If the customer does not agree, it can cancel before the change takes effect; the old terms and prices then apply until the end of its last paid month.

15.2 A change required by law or for safety or security reasons, or one that is solely to the customer's advantage, may take effect sooner.

16. Term, suspension and termination

16.1 The subscription runs for an indefinite period, month by month, until it is cancelled.

16.2 TrapSpotter may suspend the service in whole or in part to stop a security incident, misuse or a breach of the law or of these terms, without prior notice if necessary. We give notice of the suspension and the reason for it, and lift it as soon as the cause has been removed. No seats are charged during a suspension by TrapSpotter.

16.3 TrapSpotter may terminate the agreement by giving 30 days' notice. Anything the customer paid in advance for the period after the end is refunded.

16.4 Either party may terminate the agreement with immediate effect if the other party commits a serious breach and does not remedy it within 15 days of a written formal notice, or in the event of the other party's bankruptcy or liquidation. Clause 7 applies to a payment that fails.

17. Data after the end

17.1 After the end of the subscription, the console remains open for another 30 days so that data can be exported; recording is then no longer possible.

17.2 After that, TrapSpotter erases within 30 days all data it processed for the customer, unless the law requires us to keep it longer. We keep invoices, and whatever the accounting and VAT legislation prescribes, for as long as that legislation requires.

17.3 The drivers' TrapSpotter accounts continue to exist; only their seat and the Premium from that seat stop.

18. Force majeure

Neither party is liable for a failure to perform caused by force majeure, such as an outage at a network or hosting provider that it could not prevent, a cyberattack despite reasonable measures, or a measure by a public authority. If the force majeure lasts longer than 30 days, either party may terminate the agreement.

19. Transfer

TrapSpotter may transfer the agreement to a successor or an affiliated company that continues the service; it gives notice of this in advance. The customer may transfer the agreement only with TrapSpotter's written consent.

20. Governing law and jurisdiction

These terms are governed by Belgian law. Disputes are submitted to the courts of TrapSpotter's registered office: the Enterprise Court of Antwerp, Hasselt division, or, if that court does not have jurisdiction, the courts of the judicial district of Limburg, Hasselt division.

21. Language

These terms are available in Dutch, French, English and German. In the event of any discrepancy, the Dutch text prevails.

22. Contact

General and billing: contact@trapspotter.com
Data protection: privacy@trapspotter.com
Post: TrapSpotter BV, Trekschurenstraat 245, 3500 Hasselt, Belgium