📝✔️ EDATApp & Terms of Use
1. Introduction and Scope
Welcome!
This document constitutes a contract between you (the "User/s" or "you," depending on the context) and MetaMapSoft UG (haftungsbeschränkt) ("MetaMapSoft" or "We"; the users and EDATApp together the "Parties") with its registered office at Mühlenstraße 8a, 14167 Berlin, Germany, referred to as the Terms of Use ("Terms of Use" or "Contract").
These conditions apply to the services offered by EDATApp. Please read the Terms of Use carefully, as they govern the use of the app by the user.
To use the app, users must accept the validity of the contract. The conclusion of the contract is governed by the provisions in Article 3.
Registration and conclusion of the contract are only permitted for individuals and legal entities with full legal capacity, acting in their own name and on their own account. Registration and conclusion of the contract for legal entities are only allowed for persons acting as legal representatives or otherwise authorized by the respective legal entity. Users must be at least 18 years old at the time of registration and conclusion of the contract. EDATApp may require users to provide additional information and documents to comply with regulatory requests.
2. Purpose of the App
The app is an online platform that allows users to obtain benefits ("Benefits") (including but not limited to points, physical and digital rewards) from third-party providers ("Providers") by using the app's recognition mode while driving ("Recording Mode") or other services of the providers and providing providers with information (e.g., in the form of metadata, GPS) ("Data"). As the provider of the app, EDATApp does not own, control, offer, or manage the rewards offered by the providers. EDATApp is not a party to the contracts directly concluded between users and providers.
EDATApp offers users various features beyond using the app as per Article 2.1, such as possible navigation and speed information and warnings. EDATApp expressly points out that the features offered are voluntary and additional services and the displayed data and instructions should be considered as mere assistance. EDATApp expressly points out that it does not assume any liability for the accuracy and correctness of the displayed data and instructions.
3. Registration and Conclusion of the Contract
To use the app, users must download it from Google Play or the Apple App Store.
The use of the app requires registration as a user. Registration is done by opening an account and agreeing to the contract.
After downloading, users must create a personal account ("Account"). To do this, users fill out the registration form ("Registration Form") with all required data and accept the validity of the contract. By submitting the completed registration form, users make an offer to conclude the contract. EDATApp accepts this offer by sending a confirmation email or SMS to the email address or phone number provided by the respective user. The contract between the user and EDATApp is concluded when the user confirms their registration by opening the hyperlink included in the confirmation email or entering the code sent in the app (Double-Opt-In). The data requested by EDATApp must be provided completely and truthfully. If the data changes subsequently, users are obliged to update the information immediately. Upon request from EDATApp, users must confirm the data.
Once the account is created, EDATApp sends an email to the user with the login details and instructions on further steps. Users can log into their account at any time by entering their login details.
4. Use of Recording Mode
Users must first log into their account, grant the app permission to access the smartphone camera and GPS, select "Start Scan" in the app's navigation menu or on the app's home screen, securely place their smartphone so that the camera reliably captures the road, and start driving.
When using the app while driving, users must comply with all applicable traffic laws, including but not limited to possessing a valid driver's license if required by applicable law for the respective vehicle. The entitlement to benefits is subject to the terms and conditions of the respective provider.
5. User Obligations
Users agree to pay attention to their surroundings and drive safely while using EDATApp. Additionally, users agree not to use the app in violation of applicable laws, regulations, or the contract's provisions.
In particular, users agree to:
comply with all applicable traffic laws and regulations;
keep account login details confidential and not share them directly or indirectly. Users must prevent the misuse or unauthorized use of their login details;
provide truthful, accurate, and complete information;
comply with all applicable laws and regulations related to the use of the app;
follow all guidelines, instructions, provisions, orders, and recommendations from EDATApp regarding the use of the app.
Users also agree not to:
take actions that could compromise the cybersecurity of the app;
use the app in a way that could damage, disable, overload, or impair its function;
extract, scrape, or index the app's content;
collect or capture email addresses or other contact information of other app users electronically or otherwise;
use malware, web search and retrieval applications, or other devices to retrieve or index parts of the app or its published content, or to collect information about users for unauthorized purposes;
decrypt, decompile, disassemble, or reverse engineer the software used to provide the app;
bypass, remove, disable, decrypt, or otherwise circumvent technical measures introduced by EDATApp, a provider of EDATApp, or a third party (including another user) to protect the app;
forge TCP/IP packet headers or parts of the header information in an email or newsgroup posting, or use the app in any way to send altered, fraudulent, or false information to identify the source;
disrupt or attempt to disrupt the access of a user, host, or network, including but not limited to sending a virus, overloading, flooding, spamming, or mail-bombing the app;
delete, obscure, or alter notices, warnings, or links that appear in the app;
create accounts by automated means or under false or fraudulent pretenses;
violate applicable local, national, or international law or other legal regulations;
encourage, instigate, or enable another person to engage in any of the aforementioned actions.
6. Fraud Prevention
MetaMapSoft UG expressly prohibits cheating and continually improves anti-cheat measures. Cheating includes any action that alters or disrupts the usual behaviors or rules of the app or attempts to do so. Cheating includes, in particular, any of the following behaviors, on behalf of the user or on behalf of third parties:
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 techniques to alter or falsify the location of a device (e.g., through GPS spoofing);
attempting to deceive the app system to obtain more benefits;
selling or otherwise transferring an account.
MetaMapSoft UG will not offer support to users who attempt the actions described in Article 6.1.
Users agree that MetaMapSoft UG may use all lawful measures to detect and respond to fraud, deception, and other prohibited conduct under this contract, including checking your device for exploits or hacking and/or unauthorized software. For more information, see our Privacy Policy.
7. Liability and Limitations of Liability
Subject to the further provisions of this Article 7, MetaMapSoft UG is only liable if and to the extent that MetaMapSoft UG, its legal representatives, executive officers, employees, or other vicarious agents are guilty of intent or gross negligence. In the event of debtor's default by MetaMapSoft UG or the impossibility of performance attributable to MetaMapSoft UG, as well as in the event of the breach of essential contractual obligations (so-called cardinal obligations), MetaMapSoft UG is liable for any culpable conduct of its own or that of its legal representatives, executive officers, employees, or other vicarious agents. Essential contractual obligations are abstractly defined as those obligations whose fulfillment enables the proper execution of the contract and on whose compliance the users regularly rely.
Except in cases of intent or gross negligence by MetaMapSoft UG, its legal representatives, executive officers, employees, or other vicarious agents, the liability of MetaMapSoft UG is limited to the typical foreseeable damages at the time of contract conclusion.
MetaMapSoft UG endeavors to provide uninterrupted access to the app and ensure error-free data transmission. However, due to the nature of the Internet, uninterrupted access and error-free transmission cannot be guaranteed. Additionally, 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.
MetaMapSoft UG is not liable for delays or non-performance of its obligations under the contract if such delay or non-performance is due to unforeseeable circumstances or force majeure.
MetaMapSoft UG is also not liable for outages caused by:
hardware, software, or other components not provided by MetaMapSoft UG;
the user not complying with the contract or changes and updates provided by MetaMapSoft UG.
The exclusions and limitations of liability regulated in the preceding paragraphs do not apply in the event of express guarantees, in the case of claims for the absence of guaranteed properties, and for damages resulting from injury to life, body, or health, as well as in the case of mandatory statutory regulations. The liability limitations regulated in paragraph 2 also do not apply in the event of debtor's default by MetaMapSoft UG for claims for default interest, the default lump sum under § 288 (5) BGB, or compensation for default damages resulting from legal pursuit costs.
Claims under the Product Liability Act remain unaffected by the provisions of this Article 7.
8. Blocking and Termination of the Account
In the event of misuse attributable to the user, MetaMapSoft UG reserves the right to suspend, restrict, terminate, or otherwise block the user's access to the app. Such misuse is particularly present if:
the user violates the contract;
MetaMapSoft UG suspects fraud, deception, or abuse concerning the respective user;
MetaMapSoft UG has a reasonable suspicion of other illegal activity related to the user's account;
MetaMapSoft UG is informed about misuse or suspected misuse by other parties (including but not limited to providers) offering services or contracts based on this app.
MetaMapSoft UG will ask the respective user for a statement before or, in the case of serious violations, immediately after, an account suspension. If the user's statement refutes a violation as per the previous paragraph 1, MetaMapSoft UG will unblock the user's account.
Additionally, MetaMapSoft UG reserves the right to suspend, restrict, terminate, or otherwise block the user's access to the app at its reasonable discretion if an account is inactive for a certain period (i.e., not used or logged in). In such cases, MetaMapSoft UG will notify the user before terminating the account via the app.
9. Termination of the Contract
MetaMapSoft UG has the right to terminate the contract for good cause if the user violates the provisions of Articles 5 or 6. MetaMapSoft UG also expressly reserves the right to claim damages.
MetaMapSoft UG reserves the right to terminate this contract and the user's access to the app at any time with four weeks' notice for any reason at MetaMapSoft UG's sole discretion. In the event of termination, MetaMapSoft UG may notify the user via the contact information provided during the registration process or through a notification within the app but is not obliged to do so.
In the event of termination as per paragraph 1, the user acknowledges that all collected benefits and any benefit or other type of advantage acquired in connection with using the app during the contract term but not utilized will be irrevocably deleted and cannot be claimed by the user.
Users can terminate the contract at any time by deleting their account via the corresponding function in their account. By deleting their account, users acknowledge that all collected benefits and any benefits or other types of advantages acquired in connection with using the app during the contract term but not utilized will be irrevocably deleted and cannot be claimed by the user.
10. Data Processing
The personal data you provide will be processed by MetaMapSoft UG in accordance with the General Data Protection Regulation ("GDPR") and as described in the privacy policy available at the following link: Privacy Policy.
11. Intellectual Property
The app, including the copyrights and all other intellectual and/or industrial property rights related to MetaMapSoft UG and the EDATApp brand ("Brand"), specifically texts, graphics, designs, logos, icon buttons, images, audio files, digital downloads, data and software collections, directories, or other databases, domain names, other distinguishing marks, invention and utility models, as well as patents and related applications, registered designs, unregistered designs, copyrights and related rights, software and database rights, trade secrets, and all other intellectual property rights and/or intangible usage rights provided for in applicable laws ("IP Rights"), and all future developments or updates thereof, are and remain the exclusive property of MetaMapSoft UG.
MetaMapSoft UG grants users a time-limited, non-exclusive, non-transferable, non-sublicensable license for personal use to access and use the app.
The user does not claim ownership and/or the right to commercially exploit the IP Rights and refrains from any action or omission that could in any way impair the IP Rights;
The use of the IP Rights and, in particular, the Brand in connection with any activity, product, or service that may lead to confusion with MetaMapSoft UG, dilute or attack the intellectual property rights, the Brand, or its owner is expressly prohibited for users. In particular, users are prohibited from:
modifying the IP Rights and the Brand in any way, including but not limited to shapes, designs, attributes, or color schemes;
attempting to appropriate a trademark or copyright or otherwise acquire additional intellectual property rights related to the IP Rights;
publishing, transmitting, or otherwise using content that infringes patents, copyrights, trademarks, trade secrets, moral rights, or other intellectual property rights, or the right to publicity or privacy in connection with the app and its functions;
using meta tags or other hidden texts or metadata that use a trademark, logo, URL, or product name of MetaMapSoft UG & EDATApp without the express written consent of MetaMapSoft UG;
using IP Rights in whole or in part in any way or in connection with texts, images, videos, or other forms of media, in the following ways:
racist or discriminatory;
threatening, advocating, or depicting acts of cruelty, hatred, intolerance, or violence;
expressing offensive or explicit content considered inappropriate, unsuitable, or offensive;
promoting or depicting irresponsible or illegal consumption of alcoholic beverages, nicotine, tobacco, marijuana, drugs, or controlled substances, including consumption by minors;
promoting, encouraging, or indicating illegal or inappropriate driving behavior in any way;
using material that may infringe third-party intellectual property or privacy rights;
violating or otherwise infringing applicable federal, state, or local laws, regulations, or ordinances;
referring to MetaMapSoft UG, representing EDATApp, or depicting EDATApp in any negative or inappropriate manner.
12. Amendment of this Contract
MetaMapSoft UG reserves the right to amend this contract at any time unless the amendment is unreasonable for users. After each amendment, MetaMapSoft UG will publish the new version of the contract on our website ("Website").
MetaMapSoft UG will promptly notify users of changes to the contract through the account or via email. If the user does not object to the applicability of the amended contract within 30 days of receiving the amended contract, the amended contract is considered accepted by the user.
Users can view the current version of the contract at any time via a link in the app.
13. Communication
All communication between the parties related to the contract or regarding the contract must be in the following form to be effective:
Notifications are sent via the channels available in the app when sent by the user to EDATApp;
Notifications are sent to the user's email address provided during registration or in a subsequent update of their data when sent by EDATApp to the user.
14. Severability Clause, Assignment, Transfer, and Waiver
The provisions of this Article only apply to entrepreneurs within the meaning of § 14 BGB.
Should any provision of this contract or any provision incorporated in the future be wholly or partially invalid or unenforceable or later lose its validity or enforceability, the validity of the remaining provisions of this contract shall not be affected. The same applies if it should turn out that this contract contains a regulatory gap. In place of the invalid or unenforceable provisions or to fill the gap, a reasonable provision shall apply that, as far as legally possible, comes closest to what the parties would have wanted or would have wanted according to the meaning and purpose of this contract if they had considered the point at the time of the conclusion of this contract or the later inclusion of the provision. The parties are aware of the Federal Court of Justice's jurisprudence that a severability clause only reverses the burden of proof. However, it is the express will of the parties to maintain the effectiveness of the remaining contractual provisions under all circumstances and thus waive § 139 BGB entirely.
The user is only entitled to assign claims arising from or in connection with the business relationship with MetaMapSoft UG with the prior written consent of MetaMapSoft UG; § 354a HGB remains unaffected.
Unless otherwise regulated in individual cases, no party is entitled to offset claims of the other party under this contract or assert a right of retention concerning an obligation arising from the business relationship unless the respective party's claims asserting a right to offset or retain are due and undisputed or acknowledged by the other party or determined by a final decision of a competent court or arbitration court. This restriction does not apply to synallagmatic, i.e., mutually dependent, claims.
MetaMapSoft UG's failure to enforce a right or provision of the contract does not constitute a waiver of such right or provision. A waiver of such right or provision is only effective if it is in writing and signed by a duly authorized representative of MetaMapSoft UG. Unless explicitly stated in the contract, the exercise of remedies by either party under the contract does not affect their other remedies under the contract or otherwise.
15. Applicable Law and Jurisdiction, Online Dispute Resolution
The provisions of this paragraph 1 only apply to entrepreneurs within the meaning of § 14 BGB: The jurisdiction for all disputes arising from or in connection with these Terms of Use or contracts concluded under these Terms of Use is the court in Berlin, Germany.
These Terms of Use and all contracts concluded under the Terms of Use, as well as all rights and obligations arising therefrom, are subject to the law 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 state in which the user, who is a consumer, has their habitual residence remain applicable.
Users residing in the states of the European Union, who are considered consumers according to and within the meaning of Article 14 of Regulation (EU) No. 524/2013, have the option to use the online dispute resolution procedure (ODR) to resolve disputes related to the contract, accessible at the following link: Online Dispute Resolution.
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