Drive& Terms of Use
German: Diese Nutzungsbedingungen gelten ausschließlich für Nutzer, die keinen gewöhnlichen Aufenthalt in Deutschland begründet haben. Für Nutzer, die ihren gewöhnlichen Aufenthalt in Deutschland begründet haben, gelten die deutschen Nutzungsbedingungen von NATIX.
English: These Terms of Use apply exclusively to users who have not established a habitual residence in Germany. For users who have established their habitual residence in Germany, the German Terms of Use of NATIX apply.
Premises Welcome!
The present document is a contract called terms of use (“Terms” or “Agreement”) between you (the “User/s” or “You” according to the context) and NATIX GmbH (“NATIX” or “We”) with registered office at Große Bleichen 32, 20354 Hamburg, Germany. (User/s and NATIX together referred to as “Parties”).
The present Terms apply in relation to the app Drive& (“App”) offered by NATIX. Please read the Terms carefully, because the Terms govern the User’s use of the App.
In order to use the App, Users must accept the Terms. The conclusion of the agreement shall be governed by the provisions of Article 3.
Registration and conclusion of the Agreement is only permitted for natural persons and legal entities with unlimited legal capacity and only in their own name and for their own account. Registration and conclusion of the Agreement for legal entities is only permitted for persons who act as legal representatives or other authorized persons of the respective legal entity or on its behalf and at its interest. Users must have reached the age of 18 at the time of registration and conclusion of the Agreement. NATIX may require the User to provide additional information and documents to comply with any authority's request.
Description of the App purpose
The App is an online platform that allows Users to earn benefits (“Benefits”) (including but not limited to points, physical and digital rewards) from third-party providers (“Providers”) by using the App’s Detection mode while driving ("Detection Mode”) or using other services of the Providers, providing the Providers information (e.g. in the form of metadata) (“Data”) . As the provider of the App, NATIX does not own, control, offer or manage rewards offered by the Providers. NATIX is not a party to the contracts entered into directly between Users and Providers.
NATIX offers Users various features that go beyond the use of the App according to article 2.1, such as possibly navigation and speed warnings. NATIX hereby expressly states to Users that the features offered are a voluntary and additional service provided by NATIX and that the data and instructions presented are to be regarded as purely auxiliary. NATIX expressly states to the Users that NATIX does not assume any liability for the accuracy and correctness of the displayed data and instructions.
How to register
To use the App, Users need to download it from Google Play or Apple App Store.
The use of the app requires registration as a user. Users register by opening an account and agreeing to the Terms.
Once downloaded, Users need to sign up and create a personal profile (“Account”). This is done by filling the registration form (“Form”) with all the data required, and accepting the applicability of the contract. By sending the completed registration form, the users make an offer to conclude the contract. If NATIX accepts this offer by sending a confirmation email or SMS to the email address or phone number provided by the respective user and subsequently the respective user confirms their registration by opening the hyperlink listed in the confirmation email or by entering the sent code in the app (double opt-in), a contract is concluded between the respective user and NATIX. Users will be solely responsible for the truthfulness and up-to-dateness of such information. If the information changes subsequently, the users are obliged to update the information immediately. Upon corresponding request by NATIX, the users shall confirm the data.
Once created the Account, NATIX will send an email to the User with the credential and instructions to proceed. Users can log into their Account at any time simply by entering the credentials.
How to use Detection Mode
Users will need to log into their Account, give permission to the App to access the smartphone camera as well as to the GPS, and select "Start Earning" or “Detection mode” in the App navigation menu or on the App home screen, place their smartphone with the camera capturing the road in a stable and safe manner, and drive (“Detection Mode”).
If Users use the App while driving, they need to respect all the applicable road traffic rules, including but not limited to holding a valid driving license if the applicable law requires it for the specific vehicle driven. Benefit collection eligibility is subject to each Provider’s terms and conditions.
User’s obligations
By accepting the Terms, the User agrees that while using the App, they will remain aware of their surroundings, and drive safely. Moreover, the User agrees that their use of the App is at their own risk, and that they will not use the App in connection with any violation of any applicable law, regulation, or instructions as outlined in the Agreement.
In particular Users are obliged to:
drive in full compliance with all the applicable road traffic laws and rules;
maintain secret and not disclose, directly or indirectly, the credentials to entering the Account, thus preventing them from being used improperly or unduly and in any case remaining responsible for any use of them;
provide only true, correct and complete information;
respect and comply with any applicable law or regulation in connection with the use of the App;
respect and comply with any guideline, indication, order, as well as recommendation provided by NATIX in relation to the use of the App,
not use the App and especially the App’s Detection Mode in the territories of China, North Korea and Iran.
By the same token, Users agree not to, and shall refrain from:
taking any action that would compromise the cybersecurity of the App;
using the App in any way that could damage, disable, overburden, or impair its functioning in any manner;
extract, scrape, or index the any content from the App;
harvest or collect email addresses or other contact information of other users from the App by electronic or other means;
using any malware, site search/retrieval application, or other device to retrieve or index any portion of the App or the content posted on the App, or to collect information about its Users for any unauthorized purpose;
attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the App;
bypass, remove, deactivate, descramble, or otherwise circumvent any technological measure implemented by NATIX or any of NATIX’s providers or any other third party (including another user) to protect the App;
attempt to probe, scan, or test the vulnerability of any NATIX system or network, or breach any security or authentication measures;
forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the App to send altered, deceptive, or false source identifying information;
interfere with, or attempt to interfere with, the access of any user, host, or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mailbombing the App;
delete, obscure, or in any manner alter any attribution, warning, or link that appears in the App;
creating user accounts by automated means or under false or fraudulent pretenses;
violating any applicable local, state, national or international law, or any regulations having the force of law;
encouraging or enabling any other individual to do any of the above.
Cheating prevention
NATIX prohibits cheating, and constantly takes steps to improve its anti-cheat measures. Cheating includes any action that attempts to or actually alters or interferes with the normal behavior or rules of the App. Cheating includes, but is not limited to, any of the following behavior, on User’s behalf or on behalf of others:
accessing the App in an unauthorized manner (including using modified or unofficial third party software);
creating and/or using multiple accounts assigned to the same Region;
sharing Accounts;
using any techniques to alter or falsify a device’s location (for example through GPS spoofing);
trying to trick the system so as to get more Benefits in any possible way; and/or
selling or trading their Account.
NATIX will not provide support to Users who attempt actions described in Article 8.1.
By accepting the Agreement, Users agree that NATIX may employ any lawful mechanisms to detect and respond to cheating, fraud, and other behavior prohibited under these Agreement, including checking your device for the existence of exploits or hacking and/or unauthorized software. Please see our Privacy Policy for more information.
Liability and limitations of liability
Subject to the further provisions of this Article 7, NATIX shall only be liable if and to the extent that NATIX, its legal representatives, executives, employees or other vicarious agents are guilty of intent or gross negligence. However, in the event of default by NATIX or impossibility of performance for which NATIX is responsible and in the event of breach of material contractual obligations (so-called cardinal obligations), NATIX shall be liable for any culpable conduct on its part or on the part of its legal representatives, executives, employees or other vicarious agents. Essential contractual obligations are defined abstractly as those obligations whose fulfillment is essential for the proper execution of the contract and on whose compliance the users may regularly rely.
Except in the case of intent or gross negligence on the part of NATIX, its legal representatives, executives, employees or other vicarious agents, the liability of NATIX shall be limited to the amount of damages typically foreseeable at the time of conclusion of the contract.
NATIX makes every effort to provide uninterrupted access to the App and to ensure error-free transmission of data. However, due to the nature of the Internet, uninterrupted access and error-free transmission cannot be guaranteed. In addition, access to the App or parts of the App may occasionally be suspended or restricted to allow for repair work, maintenance or the introduction of new features.
NATIX shall not be liable for any delay or failure to perform its obligations under the Contract if the delay or failure is due to unforeseeable circumstances or force majeure.
Furthermore, NATIX shall not be liable for any failure caused by:
Hardware, software or other components not provided by NATIX;
the user not complying with the contract or the changes and updates specified by NATIX.
The exclusions and limitations of liability set out in the above paragraphs shall not apply in the case of the assumption of express guarantees, in the case of claims due to the absence of warranted characteristics and for damages arising from injury to life, limb or health and in the case of mandatory statutory provisions. Furthermore, in the event of default by NATIX, the limitations of liability set out in paragraph 2 shall not apply to claims for default interest, to the default lump sum pursuant to Section 288 (5) BGB or to compensation for the damage caused by default, which is based on the costs of legal action.
Claims under the Product Liability Act shall remain unaffected by the provisions of this Article 7.
Suspension and termination of the Account
In case of misuse or abuse attributable to the User, NATIX reserves the right to suspend, restrict, terminate or anyway block the User access to the App in NATIX's reasonable and sole discretion and without prior notice. Such abuse or misuse exists in particular when:
(a) the User fails to comply with the Agreement;
(b) NATIX suspects fraud, cheating, or misuse by the User; or
(c) NATIX suspects any other unlawful activity associated with the User’s Account; or
(d) NATIX is informed of misuse or abuse or suspected misuse or abuse by other parties (including but not limited to the Providers) offering services or contracts based on this App.
Moreover, NATIX reserves the right to suspend, restrict, terminate or anyway block the User access to the App in NATIX's reasonable and sole discretion if an Account is inactive (i.e., not used or logged-into) for a period of time. In such cases NATIX will notify the User via the App prior to termination of the Account.
Termination of the Agreement
NATIX has the right to unilaterally declare the Agreement terminated, without prejudice to compensation for damages, in case the User results in breach of articles 5 and 6 of the present Terms. NATIX furthermore expressly reserves the right to assert claims for damages.
NATIX reserves the right to terminate this Agreement and the User’s access to the App at any time, with a 4 weeks notice, for any reason at NATIX’s sole discretion. In the event of termination, NATIX may, but is not obliged to, notify the User via the contact information provided by the User during the registration process or through a notification within the App.
In case of termination according to the provisions of article 9.1, Users recognize that all Benefits accumulated, as well as any advantage or other kind of benefit acquired but not enjoyed in connection with the use of the App via the Account deleted will be considered as irrevocably lost.
Users can terminate the Agreement at any time by deleting their Account via the specific section in the App menu. By deleting their Account, Users recognize that all Benefits accumulated, as well as any advantage or other kind of benefit acquired but not enjoyed in connection with the use of the App via the Account deleted will be considered as irrevocably lost.
Data processing
The personal data you provide will be processed by NATIX in accordance with the General Data Protection Regulation ("GDPR") and as outlined in the privacy policy available at the following link: Privacy Policy.
Intellectual Property
The App as well as the related copyrights and any other intellectual and/or industrial property rights pertaining to the trademark NATIX (“Trademark”), including but not limited to text, graphics, designs, logos, icon buttons, images, audio files, digital downloads, data and software collections, directories or other databases, domain names, other distinctive signs, patents for invention and utility model and related applications, registered designs, unregistered designs, copyrights and related rights, software and database rights, secret information, as well as any other intellectual property and/or intangible exploitation right provided for by any applicable law ("IP Rights") and any future development or update thereof, are and shall be the exclusive property of NATIX;
The present Agreement grants a limited, non exclusive, non transferable, non sublicensable, and personal license to access and use the App subject to Users' acceptance and full compliance with them.
Users shall not claim any rights with respect to the ownership and/or the right of economic exploitation of the IP Rights and shall refrain from engaging in any act or omission that may impair the IP Rights in any way;
The use of the IP Rights and the Trademark in connection with any activity, product or service that may cause confusion, dilute or tarnish the IP Rights, the Trademark or the owner thereof is expressly prohibited. By way of example and not limitation, the following is prohibited:
modifying the IP Rights and Trademark in any way, including, without limitation, shapes, designs, attributes or color schemes;
attempting to appropriate a trademark, copyright or otherwise acquire additional intellectual property rights in any way related to the IP Rights;
post, publish, submit or transmit or otherwise use in relation to the App and its functionalities any content that infringes, misappropriates, or violates a third party’s patent, copyright, trademark, trade secret, moral rights, or other intellectual property rights, or rights of publicity or privacy;
use any meta tags or other hidden text or metadata utilizing a NATIX trademark, logo, URL, or product name without NATIX’s express written consent;
using IP Rights or any part thereof in a manner or in connection with text, images, video or other forms of media in such a way as to:
be racist or discriminatory;
threaten, advocate or depict acts of cruelty, hatred, intolerance, violence;
be offensive or express explicit content that is or could be considered inappropriate, unsuitable or offensive;
encourage or depict irresponsible or illegal use of alcoholic beverages, nicotine, tobacco, marijuana, drugs or controlled substances, including use by minors;
promote, encourage or refer to unlawful or inappropriate driving behaviors or that in any way can represent an irresponsible way of conducting vehicles;
infringe the intellectual property rights or privacy rights of others;
be or may be illegal or otherwise in violation of or contrary to any applicable federal, state, or local law, regulation, or ordinance;
refer to, represent, or in any way negatively reflect NATIX.
Amendments
NATIX reserves the right to change the Agreement at any time, unless the change is not reasonable for the users. Following any changes, NATIX will post the new version of the document on our Polices page (“Site”).
Users will be notified about the amendments through notice in their Account or email. If the User does not object to the validity of the amended Agreement within a period of 30 days after receipt of the amended Agreement, the amended Agreement shall be deemed to have been accepted by the User.
Users may review the Agreement at any time via the link in a specific section of the App.
Communications
All the communication between the Parties in connection to, or anyway in relation to the Agreement will be considered valid only when:
Sent via the channels present in the App when they come from the User to NATIX;
Sent to the email address that the User has indicated while registering, or as part of a subsequent update of their data, when they come from NATIX to the User.
Severability and waiver
If any provision of the Agreement is held invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of the Agreement will remain in full force and effect. You may not assign or transfer the Agreement, by operation of law or otherwise, without NATIX’s prior written consent. Any attempt by you to assign or transfer the Agreement, without such consent, will be null. NATIX may freely assign or transfer the Agreement without restriction, and the transferor or assignor shall not remain jointly and severally liable. Subject to the foregoing, the Agreement will bind and inure to the benefit of the parties, their successors and permitted assigns.
NATIX’s failure to enforce any right or provision of the Agreement will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of NATIX. Except as expressly set forth in the Agreement, the exercise by either party of any of its remedies under the Agreement will be without prejudice to its other remedies under the Agreement or otherwise.
Applicable Law, Scope and Jurisdiction, Online Dispute Resolution
The provisions of this paragraph 1 shall only apply to companies within the meaning of Section 14 of the German Civil Code (BGB): The place of jurisdiction for all disputes arising from or in connection with these Terms of Use or contracts concluded under these Terms of Use shall be the court of Hamburg, Germany.
These Terms of Use and all contracts concluded under these Terms of Use and all rights and obligations arising from them shall be governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods. Mandatory protective provisions of the law of the country in which the User, who is a consumer, has his habitual residence shall remain applicable.
Users residing in the states belonging to the European Union who are considered consumers in accordance with and within the meaning of Article 14 of Regulation (EU) No. 524/2013 have the option of using the online dispute resolution (ODR) procedure for resolving disputes in connection with the Agreement, which is accessible at the following link: https://webgate.ec.europa.eu/odr.
The User declares that he/she expressly understands and accepts the clauses in Art.5 (User’s obligations), Art.6.3 (Cheating prevention), Art.7 (Liability and limitations of liability), Art.8 (Suspension and termination of the Account), Art.9 (Termination of the Agreement), Art.11 (Intellectual Property), Art.12 (Amendments), Art.14 (Severability and waiver), Art.15 (Applicable Law, Scope and Jurisdiction, Online Dispute Resolution).
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