[ui!] ECOMAT

1. Scope

1.4. If [ui!] provides the user with services of a third party according to the contractual provisions, the terms and conditions of the third party shall apply additionally with regard to these services, provided that the user was able to obtain knowledge of these in a reasonable manner before conclusion of the contract.

1.5. The use of the app is directed both to consumers within the meaning of § 13 BGB and to entrepreneurs within the meaning of § 14 BGB, i.e. natural or legal persons or partnerships with legal capacity, who act in the execution of a commercial or independent activity when using the app.

1.6. The user's purchase or business conditions are only valid
provided that [ui!] has recognized this separately in writing. In any case, the following hierarchy of specifications applies to the individual agreements:

• • changes according to section 1.2.
  • these conditions
  • purchase or terms and conditions of the user

2. Subject matter of the contract / scope of services

3. Technical requirements for use / technical changes to the requirements / availability

3.1. The current version of the [ui!] ECOMAT supports Android-based smartphones. Important requirements for suitable smartphones are (as of June 2020):

Android operating system from version 6.0
RAM 2GB or more
GPS module

3.2. In addition, using the app requires sufficient battery capacity on the smartphone and an active internet connection that is available during the entire journey through the city. The user is solely responsible for meeting the technical requirements.

3.3. The use of the app requires a registration process. If a user starts the app, he/she must register after the first start and enter the code provided. With this code the user requests the activation of the app. As soon as it is activated, the user can use the app. Google Play Store is not responsible for the functionality, support or availability of the app.

3.4. As part of the registration, data from the mobile device is transmitted to the Google Play Store and to [https://www.ui.city/en/privat-policy].

3.5 During the use of the app, [ui!] collects anonymous data for the purpose of technical support, improvement of quality and service, and research. If the user does not agree to this data processing, they will have to deactivate the app with the consequence that they cannot use the service offered by [ui!] Further information can be found in the privacy policy [https://www.ui.city/de/privat-policy].

3.6. The user has no claim to a disturbance-free and at any time available use of the app provided free of charge. [ui!] depends on the data platform [ui!] UrbanPulse, which receives and evaluates data from the traffic management system of a city. [ui] has no influence on technical disturbances and traffic light failures of the city and does not take responsibility for the correctness or accuracy of the data transmitted via the app.

3.7. [ui!] reserves the right to extend the applicability of the app to other operating systems or to make changes to the app. In this respect, the requirements for operating systems may also change and the download of updates may become necessary.

3.8. After prior notice, [ui] is entitled to link any additional fees or the introduction of the cost of the app with an alternative or supplementary version of the product. In these cases, the general terms and conditions of use applicable at the time must be included.

3.9. Furthermore, [ui!] reserves the right to discontinue the provision of the app at any time without giving reasons.

4. Terms of use, safety instructions and obligations of the user

4.5. The app merely serves the purpose of guiding drivers quickly to their destination, and avoiding traffic jams by means of a traffic light assistant, over roads that are less frequented at the time of use or benefit from green light phases. The motorist must always adjust his driving style so that he does not endanger other road users and the rules of the road traffic regulations are observed.

 5. Rights of use

5.1 Upon conclusion of the contract, the user acquires a right of use limited to the duration of the provision of the service, in which case this right is limited solely to use of the app.

6. Liability for material defects and defects of title

6.1 The liability of [ui!] towards the user, for material defects and defects of title of the provided app, is limited to the case that [ui!] fraudulently conceals a defect of the app or a defect in the right of the app from the user. In this case [ui!] has to compensate the user for the resulting damage according to § 523 Abs.1 BGB or § 524 Abs.1 BGB.

6.2 The user does not have the right to claim the removal of defects by [ui!] free of charge.

6.3 The user is required to notify [ui!] immediately in text form if third parties assert property rights (e.g. copyrights or patent rights) to the app against it. The user authorizes [ui!] to conduct the dispute with the third party alone. As long as [ui!] makes use of this authorization, the user may not acknowledge the claims of the third party on his own initiative without the consent of [ui!]; [ui!] will then defend the claims of the third party at its own expense and release the user from all costs associated with the defence of these claims, unless these are based on the user's conduct in breach of duty (e.g. use of the app in breach of contract).

7. Support and troubleshooting

7.1 [ui] strives to provide support services to the greatest extent possible, however, the user has no right to this either on site, i.e. at the user's place of business, by telephone or electronic contact. The same applies to error corrections and the restoration of the functionality of the free app.

8. Termination of contract

8.1 The user can terminate the contractual relationship at any time by deactivating the app on his smartphone.

8.2 Compliance with a period of notice and a declaration of termination by the user is not required.

8.3 [ui!] is entitled to terminate the contractual relationship by deactivating the app without giving reasons.

9. Amendment of the GTC

9.1 [ui] is entitled to amend the General Terms and Conditions of Business and Use at any time in the event of changes in the law, changed jurisdiction, changes in technical requirements or functionalities, or the introduction of a chargeable app. Due to the special contractual relationship in the case of the provision of a free app, the user has no right to object.

10 Liability of [ui!]

10.1 Apart from the liability for material defects and defects of title (see §6 above), [ui!] shall only be liable to the user for damages caused intentionally or by gross negligence. The liability of [ui!] also extends to damaging actions which are based on intent or gross negligence of the representatives or vicarious agents of [ui!].

10.2 A legally prescribed strict liability of [ui!] - in particular a liability according to product liability law - remains unaffected by the aforementioned limitations of liability.

10.3 [ui!] is entitled to raise objections regarding contributory negligence of the user.

11. Secrecy, data protection

11.1 The contracting parties commit to treat all trade secrets of the other contracting party, which become known to them by the respective other contracting party during the execution of the contract, as confidential.

11.2 The user data required for the processing of the user relationship is stored electronically. [ui!] commits to observe the legal provisions on data protection, in particular the EU-DSGVO, the Federal Data Protection Act (BDSG) and the Telemedia Act (TMG). Further information on this is provided by [ui!] in a separate data protection declaration.

12. Performance by third parties

12.1 [ui!] is entitled to render the contractually owed services by third parties, in particular by companies affiliated with it.

12.2 [ui!] is entitled to assign any claims from this contract to third parties, in particular to companies affiliated with it, or to authorise third parties to assert claims in their own name.

12.3 The user is prohibited from offsetting his own claims against [ui!], unless these claims are disputed or have been legally established.

13. General information

13.1 Amendments and supplements to this contract must be made in text form; this also applies to a cancellation of this text form requirement.

13.2 The contractual relationship shall be governed by the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods.

13.3 If the user is a merchant, legal entity under public law or holder of a special fund under public law within the meaning of § 38 ZPO (Code of Civil Procedure) or if the user moves his place of residence, habitual abode or company headquarters abroad after conclusion of the contract or if this is not known, Chemnitz will be the exclusive place of jurisdiction. The courts in Chemnitz will also have jurisdiction if the user has no general place of jurisdiction in Germany.

13.4 The invalidity or ineffectiveness of individual provisions of these General Terms and Conditions shall not affect the validity of the remaining provisions.

 Stand 22.05.2020