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:
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
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].
3.6. 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.
4.5. 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.
5.1 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.
6.1 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).
7.1 [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.
8.1 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.
9.1 [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.
10.1 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.
11.1 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.
12.1 [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.
13.1 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.
Terms & conditions
By downloading or using the app, these terms will automatically apply to you – therefore, you should make sure that you read them carefully before using the app. You are not permitted to copy, modify the app, any part of the app, or our trademarks in any way. You are not permitted to attempt to extract the source code of the app, and you are not permitted try to translate the app into other languages, or make derivative versions. The app itself, and all the trade marks, copyright, database rights and other intellectual property rights related to it, still belong to Urban Software Institute GmbH.
Urban Software Institute GmbH is committed to ensuring that the app is as useful and efficient as possible. For that reason, we reserve the right to make changes to the app or to charge for its services at any time and for any reason. We will never charge you for the app or its services without making it very clear to you exactly what you are paying for.
The Ecomat app stores and processes personal data that you have provided to us, in order to provide our service. It is your responsibility to keep your phone, and access to the app, secure. Therefore, we recommend that you do not jailbreak or root your phone, which is the process of removing software restrictions and limitations imposed by the official operating system of your device. It could make your phone vulnerable to malware/viruses/malicious programs, compromise your phone’s security features and it could mean that the Ecomat app won’t work properly or at all.
You should be aware that there are certain things that Urban Software Institute GmbH will not take responsibility for. Certain functions of the app will require the app to have an active internet connection. The connection can be Wi-Fi, or provided by your mobile network provider, but Urban Software Institute GmbH cannot take responsibility for the app not working at full functionality if you don’t have access to Wi-Fi, and you don’t have any of your data allowance left.
If you’re using the app outside of an area with Wi-Fi, you should remember that your terms of the agreement with your mobile network provider will still apply. As a result, you may be charged by your mobile provider for the cost of data for the duration of the connection while accessing the app, or other third party charges. In using the app, you are accepting responsibility for any such charges, including roaming data charges if you use the app outside of your home territory (i.e. region or country) without turning off data roaming. If you are not the bill payer for the device on which you’re using the app, please be aware that we assume that you have received permission from the bill payer for using the app.
Along the same lines, Urban Software Institute GmbH cannot always take responsibility for the way you use the app, i.e. you are responsible for making sure that your device stays charged – if it runs out of battery and you can’t turn it on to avail the Service, Urban Software Institute GmbH cannot accept responsibility.
With respect to Urban Software Institute GmbH’s responsibility for your use of the app, when you’re using the app, it’s important to bear in mind that although we strive to ensure that it is updated and correct at all times, we do rely on third parties to provide information to us so that we can make it available to you. Urban Software Institute GmbH accepts no liability for any loss, direct or indirect, you may experience as a result of relying wholly on this functionality of the app.
At some point, we may wish to update the app. The app is currently available on Android & iOS – the requirements for both systems (and for any additional systems we decide to extend the availability of the app to) may change, and you’ll need to download the updates if you want to continue using the app. Urban Software Institute GmbH does not promise that it will always update the app so that it is relevant to you and/or works with the Android & iOS version that you have installed on your device. However, you promise to always accept updates to the application when offered to you. We may also wish to stop providing the app, and may terminate use of it at any time without giving notice of termination to you. Unless we tell you otherwise, upon any termination, (a) the rights and licenses granted to you in these terms will end; (b) you must stop using the app, and (if needed) delete it from your device.
Changes to This Terms and Conditions
We may update our Terms and Conditions from time to time. Thus, you are advised to review this page periodically for any changes. We will notify you of any changes by posting the new Terms and Conditions on this page. These changes are effective immediately after being posted on this page.