Terms of Use

 

Status: November 2020

 

FastFinity UG (haftungsbeschränkt) offers DriveChat, an innovative communication solution for road traffic.

 

These terms of use apply to any use of DriveChat as an app, a website, or in any other form. They apply between FastFinity UG (limited liability) (hereinafter “FastFinity” or “we”) and any users of these offers (hereinafter “user” or “you”).

 

A user is anyone who loads the app onto a mobile device such as a smartphone or tablet, who registers as a user and thus creates an account, and who sends messages via DriveChat or who can receive them based on their own arrangements.

 

Before using DriveChat, you should read these terms and conditions. By using hat, you agree to the validity of the terms of use. If you reject these terms of use, you are not permitted to use DriveChat.

 

FastFinity may and will update these terms of use from time to time and provide the current version via the drivechat.de website.

 

1. Requirements for use

 

1.1. The use of the DriveChat app is only permitted in compliance with the road traffic regulations, in particular §23 StVO.

 

1.2. You must be at least 18 years old and legally competent.

 

1.3. When registering, you must provide your personal information truthfully, completely and up-to-date.

 

1.4. You may not feign other identities or use the identities of third parties or allow others to act under your identity. You may not provide us or other users with incorrect information about essential identifiers such as age or gender.

 

1.5. You can only use one active registration, multiple accounts are only permitted with the prior approval of FastFinity in text form. You must not try to gain access to other users' accounts. Your account is not transferable or inheritable, but in these cases reverts to FastFinity for sole use.

 

1.6. We may send you legal declarations by email to the address given during registration, by SMS or by DriveChat message. These declarations are deemed to have been received upon access to the server or end device. You can send explanations to FastFinity via the contact details given in the imprint of the drivechat.de or fastfinity.de website, please use the written or text form.

 

2. Beginning, interruption and end of use

 

2.1. Use begins when you register or the DriveChat offer is otherwise available to you.

 

2.2. Use ends when you delete your account using the options provided in the DriveChat account settings. Use ends when you give FastFinity notice of termination in accordance with the law and the contract.

 

2.3. Use ends when FastFinity discontinues or significantly changes the service or declares ordinary or extraordinary termination to you.

 

2.4. The FastFinity offer via DriveChat can be paused or interrupted at any time. FastFinity will use this right if, for example, technical reasons such as updates, DDoS attacks or other cyber security risks, capacity bottlenecks in the technical infrastructure and telecommunications networks give rise to this. Users of chargeable premium services (e.g. DriveChat Plus / Premium / Platinum) will have interruptions of 48 hours or more for reasons for which FastFinity is responsible, added to the contract period free of charge.

 

2.5. Account deletion or termination

The deletion or termination does not apply retrospectively for transmitted data and content, as well as all information that must be stored due to legal obligations. You can find details in our data protection declaration (drivechat.de/datenschutzlinien). If your account is deleted / blocked due to a violation of the terms of use, there are no claims to reimbursement of in-app purchases such as. DriveChat Plus / Premium / Platinum.

 

3. Your obligations as a user

 

3.1. You only register official license plates of vehicles that have been made available to you for use or of which you are the owner (e.g. own vehicles, leased vehicles or vehicles made available for use by the employer, but not rental cars, local public transport vehicles, official vehicles of the authorities). You check the requirements of the vehicle owner or owner (such as compliance or company car guidelines) yourself and take them into account.

 

3.2. You protect your account and in particular the access data from access by third parties and do not share this data with others. Should there be unauthorized access by third parties (for example through viruses, cyber attacks, social engineering, etc.) you should immediately change the access data, monitor your account and inform us immediately in text form.

 

3.3. You are solely responsible for all activities under your account, the control of access, the use of the offer under your name and the consequences of any abuse, unless abusive behavior has been made possible by DriveChat. This includes the responsibility for the content transmitted via DriveChat, which you either create yourself or only distribute with the appropriate consent or license of the rights holder. FastFinity assumes no responsibility for content that is created or distributed by users via DriveChat, except in the cases mandatory under applicable law. For content or other behavior for which you are responsible, in particular violations of these terms of use or statutory provisions, you will exempt FastFinity from claims or claims of any kind upon first request and hold them harmless that are raised by third parties. This also includes reasonable legal and court costs.

 

3.4. You will refrain from any of the following activities or, if you observe them by other users, report them to FastFinity:

 

  • Use of DriveChat for commercial or other commercial purposes of any kind; eg imitation, sale, rental or for third-party advertising purposes.

  • Offer legal or medical advice without legal authorization, unless this has been previously agreed with us in writing.

  • Actions that impair or may impair the functionality of DriveChat (e.g. use of scripts, beacons, pixels, "robots", "crawlers").

  • To modify or overwrite content provided by us, by other users or by third parties, or to reproduce it without a license or the consent of the rights holder.

  • Appointments for vehicle races, for the formation of parades or other driving formations or driving styles (in each case, unless there is an official permit for the event or is not required),

  • Requests or instructions on changes to vehicles that lead to the loss of the registration, to avoid traffic controls or other official measures

  • To circumvent our or the technical protective measures we use, e.g. against downloads, to impair DriveChat or individual users in making available and using the offer through mass and / or automated generation of messages or data.

  • Analyze, record, transmit to third parties or monitor, analyze or systematically control individual or groups of users systematically and without their consent using technical means.

  • Save, publish and / or transmit data, texts, images, files, links, other content that is unlawful or in accordance with the ethical and moral perception of the operator in a racist or otherwise discriminatory, insulting, degrading, defamatory, reputation-damaging, threatening, abusive manner , harassing, vulgar, obscene, hateful or otherwise objectionable.

  • Disseminate content which, in word or image, can cause harm to minors in any way, especially pornographic, violence-glorifying or otherwise harmful to minors;

  • Save, change, publish and / or transmit content that violates the rights of FastFinity or third parties, in particular trademark rights, trademarks, technical property rights, copyrights or ancillary copyrights, trade secrets, personal rights or property rights;

  • Via or by means of DriveChats, to violate the regulations on export controls, to sanctions against individuals, organizations or states, to violate rules for the protection of the capital markets, to arrange to meet or to provide other help.                                                                          

 

3.5. The basic version of DriveChat is offered free of charge. If you book paid content or a premium account (DriveChat Plus / Premium / Platin), you have the obligation to pay the agreed fees on time. In the event of default, FastFinity may charge you flat-rate costs of 5 EUR per return debit or reminder, unless a different amount of the costs is claimed. In the event of default, FastFinity may take the measures described below, such as blocking or deleting the account.

 

4. Rights and duties of FastFinity as a provider of DriveChat

 

4.1. With the use of our offer, we are allowed to reproduce, process, store or - if the content is preserved - display your content at DriveChat in its current or future design (app, website, social media etc.) and regional distribution in accordance with the provisions of these terms of use , Change file format and size. By creating the content, you give your consent to storage and further processing. FastFinity has no obligation or obligation based on the contract to monitor new or existing content, unless this is provided for by legal obligations.

 

4.2. FastFinity may, but does not have to, delete, block, save and transmit user content insofar as this is permitted within the framework of data protection and other legal obligations or - at the discretion of FastFinity - is necessary. This also includes the transmission as a witness in the case of criminal or regulatory proceedings, to German authorities with police, fiscal or customs duties. Furthermore, FastFinity has no obligation to archive content.

 

4.3. Content created by users in the form of links to other websites and services is not checked or censored by us unless there are corresponding legal obligations, other users or third parties report this content or these terms of use are violated. FastFinity does not adopt the content of users or third parties as its own and excludes any liability or guarantee in relation to this. Contents created by FastFinity including links are checked at the time of creation.

 

4.4. FastFinity may statistically analyze content according to topics, brands, regions or other parameters and within the framework of data protection law, without creating individual user profiles or allowing conclusions to be drawn about specific individual users, and may also share this data with third parties.

 

4.5. FastFinity can block or delete accounts temporarily or permanently in the event of violations of the terms of use, but also at other reasonable discretion. If your account is deleted / blocked due to a violation of the terms of use, there are no claims to reimbursement of in-app purchases such as. DriveChat Plus / Premium / Platinum.

 

4.6. FastFinity does not claim ownership of your content.

 

5. Privacy

 

On the subject of data protection, please note our data protection declaration (drivechat.de/datenschutzlinien).

 

6. Liability and Warranty

 

6.1 You use our offer at your own risk. Before downloading content, opening or forwarding links or attachments, please make sure that they are secure and take appropriate state-of-the-art technical precautions on your end devices to protect against viruses, malware and cyberattacks. FastFinity cannot accept any liability for the content provided by other users. For the content that FastFinity offers and for the technical functions of DriveChat, the liability regulations mentioned below apply.

 

6.2. FastFinity assumes no liability for the behavior of users or third parties or for content or statements that are created or distributed by users or third parties via DriveChat.

 

6.3. FastFinity does not guarantee users or third parties that the offer meets individual technical requirements, can be used for commercial communication purposes, or is available at any time without interruption, securely and error-free.

 

6.4. FastFinity, its legal representatives or vicarious agents are liable for intentional or grossly negligent acts. FastFinity is liable for slight negligence if a contractual obligation essential to the achievement of the contractual purpose has been violated by FastFinity, its legal representatives or vicarious agents, but only up to the amount of the foreseeable, contract-typical damage. These limitations of liability do not apply to claims for damages resulting from injury to life, limb or health or the assumption of a quality guarantee or fraudulent concealment of defects by FastFinity, its legal representatives or vicarious agents.

 

6.5. Liability for damage from unauthorized acts or for intent expires in accordance with the statutory provisions, for other claims for damages after 12 months after their occurrence.

 

7. Other regulations

 

7.1. German law applies to the exclusion of the UN purchase law.

 

7.2. The place of fulfillment and exclusive place of jurisdiction is, as far as legally permissible, Koblenz.

 

7.3. For users who are consumers, FastFinity voluntarily takes part in the out-of-court dispute settlement procedure of the European Commission, which can be accessed at www.ec.europa.eu/consumers/odr . You can find our e-mail address in our legal notice. You can find the contact details of the recognized dispute resolution bodies at https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.adr.show.

 

7.4. Verbal collateral agreements do not exist. Changes to the contractual conditions must be made in writing. This also applies to the cancellation or amendment of this text form clause.

 

7.5. Unused Plate Search in the current month can not be transferred to the following month and expire.

 

7.6. Should individual contractual provisions be or become wholly or partially ineffective, the rest of the contract remains effective. In the event of such ineffectiveness, the contracting parties will come up with a legally effective replacement regulation that comes as close as possible economically to the ineffective regulation. The same applies in the event of a regulation gap.

 

8. In-app purchases (subscription) via iOS or Android  

 

8.1. In the case of an in-app purchase (subscription) via iOS, there is a regular billing, which can be canceled at any time . By pressing Next within the app, your iTunes account will be charged with the respective payment and your subscription will automatically be renewed for the same period and for the same price until you have it in the iTunes Store settings at least 24 hours before the cancel the current period. By completing it, you agree to the terms of use and the privacy policy.

 

8.2. With an in-app purchase (subscription) via Android, there is a regular billing, which can be canceled at any time . By pressing Next within the app, your Google Play account will be charged with the respective payment and your subscription will automatically be renewed for the same period and for the same price until you cancel it in the Google Play Store settings. By completing it, you agree to the terms of use and the privacy policy.

 

9. The current terms of use can always be viewed on the page called up here.