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TERMS OF USE

(Zur deutschen Version)


Scope and Subject of the Terms of Use


These Terms of Use regulate the contractual relationship between you and Motion-S Sarl, 54 Boulevard Royal, L-2449 Luxembourg, provider of the PICK’R mobile application and the services available, offered and provided through the PICK’R website (including www.pickr-app.de). You can check this conditions at any time in the settings of the app.


Click here for our privacy policy! 


 


••• Functionality and features of the PICK’R App •••


PICK’R is a telematics app with gamification elements. As long as you respect the speed limit, you collect experience points, Pickoins and items during your rides. You can use the Pickoins in a game against other users and in the case of a win rise in the levels. The higher your level, the more valuable prizes you can win monthly. The vehicle and movement data collected during the trips are transmitted in encrypted form to the Motion-S server. We will not share this information with third parties without your prior consent.


The technical conditions for downloading and using the app are based on the conditions specified in the respective stores. Condition for the proper use of the app is, that your smartphone meets the technical requirements. In particular, this requires that your device has a compatible version of the operating system intended for the app.


To use the app, a registration is necessary. Registration requires your email address, name, birth date, gender and password. Alternatively, you can log in with your Facebook account. With the completion of the registration process and the activation of the account by PICK’R a legally effective contract is concluded.


The use of PICK’R requires a mobile data connection. Motion-S is not responsible for the creation of the mobile data connection. The use of mobile data and the associated fees, which are charged by your use of the service, are your sole responsibility.


With regard to the content and scope of personal data, we refer to the privacy policy. 


 


••• Special notes and duties •••


All data provided in the registration must be accurate and complete. You agree to treat your access data confidentially and not to pass it on to third parties. It is not allowed to create a user account on behalf of another person or company.


Operating the PICK’R app and the service while driving may distract and diminish your attention. This can have cause an accident or other serious consequences. Please do not use the app while driving, but only if your vehicle is at a standstill and the engine is turned off. Motion-S recommends that you do not use smartphones or other mobile devices while driving. The safe driving of your vehicle in traffic is solely your responsibility. 


 


••• Rights of use •••


Unless otherwise specified, Motion-S grants you the right to use the app in a simple, time-unlimited, non-transferable and non-sub-licensable way. This also includes the right to use the content and information relating to the app. However, this does not include the right to receive future upgrades, updates, supplements, support, or technical support, unless PICK’R specifically states otherwise. In this case, these upgrades, updates, or supplements are also subject to these Terms of Use, unless otherwise agreed. 


Unless permitted by applicable law or under license terms, or expressly authorized by Motion-S, the user has no right to modify, reverse engineer, disassemble or decompile the software, apps, services or products of PICK’R.


When using the PICK’R App, copyright, name and trademark rights as well as other rights of Motion-S Sarl and third parties must be observed.


By using PICK’R, you will in exchange grant Motion-S the simple, non-exclusive, unlimited in terms of time and content, transferable and sublicensable right of use for the following data: all non-personal data, including technical and vehicle related information, geo-position data and vehicle condition data (e.g. mileage, condition of diagnostic vehicle parts) and anonymized personal data. 


 


••• Liability •••


Under no circumstances will Motion-S be liable for any indirect or direct consequential damages, nor will it be liable for damages or damages of a penal nature, including damages for loss of data or loss of profit, even if Motion-S knew or should have known the possibility of such damage existed and if direct compensation does not provide satisfactory remedies.


Liability for damages resulting from injury to life, limb or health and under the Product Liability Act remains unaffected by the above limitations of liability. Motion-S is not responsible for any damage caused by improper use of the app. This is especially true if the user is distracted from the traffic by the use of the app while driving and this leads to accidents. 


 


••• Term of contract and termination •••


The contractual relationship with you will be closed indefinitely. It can be terminated by any party at any time with immediate effect. 


 


••• Data protection and data safety •••


We care about the protection of your personal data while collecting, processing and using it. Motion-S Sarl will also ensure the technical and organizational protection of your data. Details can be found in the privacy policy. 


 


••• Others •••


The law of the Federal Republic of Germany under exclusion of the UN sales law applies for this terms of use.


If any provision or condition of this Agreement should be held to be invalid, void, or for any reason unenforceable, that part shall be deemed severable and shall not affect the validity and enforceability of the remaining terms or conditions.


In case of doubt, mistypings or errors, you can consult the original german version, which is legally valid.