Terms of use

1.         General / Scope of application

 

1.1       These terms of use govern the rights and obligations in connection with the use of the app “Pendix.bike PRO” (hereinafter “App”) offered by Pendix GmbH, Innere Schneeberger Straße 20, 08056 Zwickau (hereinafter “Pendix” or “we”) by the end user as a consumer. By registering as a user of the app, a free contractual relationship for the use of the app arises on the basis of the following provisions.

 

1.2       Pendix reserves the right to change these terms of use at any time with effect for the future.

 

1.3       Any deviating terms and conditions shall require the express confirmation of Pendix in order to be effective.

 

2.         Functionalities

 

2.1       The app allows the user to establish a connection between the mobile device he or she is using and a Pendix eDrive, to view and manage technical data of the Pendix eDrive, to use navigation, range and route planning functions or to record activities (average speed, cadence, distance, duration).

 

2.2       In order to use the app, registration is required. Registration to use the app is free of charge. However, we reserve the right to offer individual functionalities only against separate remuneration.

 

3.         Registration / User group

 

3.1       Registration for the use of our app is only allowed for persons of legal age. To use the app, registration is required on the basis of our registration process and the data requested there as a mandatory field.

 

3.2       Our app is aimed at consumers who use a Pendix drive as well as service partners (dealers / workshops) with whom a separate cooperation agreement exists. According to Art. 13 BGB (German Civil Code), a consumer is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity. Service partners may use the APP for commercial purposes within the framework of the provisions of the cooperation agreement. The use of our app for commercial or other commercial purposes is otherwise expressly prohibited.

 

3.3       The user undertakes to provide the correct and complete data requested during registration. Any changes to the data requested during registration must be corrected immediately by the user within the app.

 

3.4       The user is obliged to prevent the use of his account by third parties and to take all necessary and appropriate measures to ensure the protection of his access data. Pendix recommends that the user use a secure password. Information on how to design a secure password can be found at the German Federal Office for Information Security (BSI) at www.bsi.bund.de. Passing on the password to third parties is not permitted.

 

3.5       The user undertakes to inform Pendix immediately by e-mail to info@pendix.de if misuse of the account or the access data has occurred or if the user suspects such misuse.

 

3.6       In the event of misuse of the account or the access data or in the event of suspected misuse, Pendix shall immediately block the user’s account in order to prevent further use and misuse of the account. A renewed release of the account by Pendix will take place as soon as the risk of misuse has been eliminated. In the event of repeated cases of misuse, Pendix reserves the right to permanently block the user's account.

 

3.7       Pendix reserves the right to assert claims for damages against the user arising from the fact that a third party has suffered damage as a result of the misuse of the account for which the user is responsible and such damage is justifiably asserted against Pendix or Pendix itself suffers damage as a result of the misuse for which the user is responsible.

 

4.         Inactivity

 

4.1       Pendix may classify the user account as “inactive” if the user has not used the app through the user account for 24 months or more. To use it, all you need to do is log in with your user account within the app.

 

4.2       As soon as a user account has been classified as “inactive”, Pendix shall be entitled to permanently erase the user account and/or all data contained in the user account.

 

4.3       Pendix will notify the user of the inactivity as well as the consequences of the inactivity by e-mail at least 14 days before the User’s account is classified as “inactive”.

 

4.4       After erasure of the user account, the user can register again. In this case, it is not possible to restore the data stored under the original usage relationship.

 

4.5       The right of Pendix to terminate the contract alternatively - even without classification as inactive - pursuant to point 10 shall remain unaffected.

 

5.         Rights of use

            Pendix grants the user a non-exclusive, withdrawable, non-transferable and non-sublicensable right to use the app and the information provided within the app for non-commercial purposes. The app or the content provided within the app may not be distributed, rented or otherwise provided by the user to third parties at any time.

 

6.         Updates / Technical requirements

 

6.1       Pendix reserves the right to update the app as updates are made. The user is obliged to install it after the app automatically notifies that an update is available. Otherwise, Pendix cannot guarantee that the app will function properly or that information and functionalities provided within the app are sufficiently secure.

 

6.2       If the user does not install an update provided by the Provider, but continues to use the app nevertheless, the user thereby waives any claims for defects and damages to which it may be entitled.

 

6.3       The use of the app and services provided within the app requires:

• the functionality of the mobile device used by the user to use the app. The functionality and operational readiness of the mobile end device are not the object of the services provided by Pendix; the user shall be responsible for this.
• that the mobile device used to use the app has the latest version of the iOS or Android operating system installed. The customer remains entitled to use the app with older versions of his operating system on his end device. In this case, however, Pendix does not guarantee functional and secure operation of the app.
• Compliance with other reasonable and customary technical requirements (such as a reasonable and customary minimum resolution); Pendix is entitled to adjust these at https://pendix.de/edrive/pendix-apps as well as in the respective app store.

6.4       The prerequisite for using the navigation and activity tracking functionalities provided within the app is the activation of location tracking on the user’s mobile device. The location can be determined using GPS, WLAN network identifier or mobile network.

 

6.5       The provider reserves the right to continuously adapt the technical requirements for the use of the app. In order to use the app, it is therefore necessary in particular to keep the operating system of the end device used to use the app and the app up to date at all times. Adaptations to the app may also result in older end devices in particular no longer fulfilling the technical requirements for using the app, or only fulfilling them to a limited extent.

 

7.         Obligations of the user

 

7.1       By submitting the information and data entered into the app or provided via the app, the user grants Pendix the transferable, non-exclusive right, limited in time to the term of the User Agreement, to use the data and information for the purpose of providing the app as well as for the provision of all functionalities related thereto. This includes in particular the right to reproduce and edit information and data.

 

7.2       The user must observe the applicable operating instructions and technical instructions. These can be found in their current form within the app and/or on the Internet at https://pendix.de/service/bedienungsanleitung/.

 

7.3       In the event of questions or errors, the user shall primarily refer to the FAQs provided by Pendix. These are available at https://pendix.de/faq/app.

 

7.4       The app must not be misused by the user, in particular

 

7.4.1    the user must refrain from all actions that endanger or disrupt the integrity and operational readiness of the app;

 

7.4.2    the user is responsible for all data and information he enters into the app. He must ensure that he holds all rights to the information and data, in particular copyrights and ancillary copyrights;

 

7.5       Pendix points out that the user himself is responsible for complying with all legal requirements to be observed in public road traffic. Traffic rules always take precedence over the instructions of the navigation function provided within the app

 

7.6       The user shall himself ensure that the mobile device intended for the use of the App fulfils the technical requirements for the use of the app.

 

7.7       The app can only be used with compatible Pendix products.

 

7.8       Service partners shall use the app solely in accordance with applicable laws and in the diligent exercise of their profession. In relation to their customers, they are solely responsible for ensuring that settings and repairs made using the app are correct. Any liability of Pendix shall remain unaffected to the extent that any incorrect settings or evaluations are based on errors in the app for which Pendix is responsible.

 

8.         Intellectual property

The information published within the app, the design of the app as such, graphic elements, names and logos are the property of Pendix or of licensors of Pendix and are protected by national and international copyright, database rights, trademark rights and/or other intellectual property rights. The user is obliged to observe these rights.

 

9.         Availability

 

9.1       Pendix shall endeavour at all times to ensure reliable operation of the app. However, Pendix cannot guarantee and does not owe continuous availability.

 

9.2       Pendix shall be entitled to interrupt access to the app if this is necessary with regard to capacity limits, the security or integrity of the servers or to carry out technical measures or if this serves maintenance work. Maintenance work can be performed by Pendix at any time of the day or night.

 

10.       Liability

 

10.1     Pendix has compiled the content available within the app with the greatest possible care and endeavours to constantly expand and update the content provided. Despite the care taken, Pendix assumes no liability with regard to the actuality, completeness and correctness of the retrievable contents.

 

10.2     Pendix shall be liable to the user without limitation only for damages based on an intentional or grossly negligent breach of contractual obligations by Pendix and in the event of injury to life, body and health. In the event of a slightly negligent breach of obligations in connection with these terms of use, the fulfilment of which is a prerequisite for the proper performance of the contract and compliance with which the user may regularly rely on to a particular extent (material contractual obligations/cardinal obligations), the liability of Pendix shall be limited to foreseeable and typically occurring damages. Otherwise, liability for simple negligence is excluded. Any liability of Pendix under the Product Liability Act or in the event of the assumption of guarantees shall remain unaffected.

 

10.3     Point 10.2 shall also apply in the event of breaches of duty by the legal representatives or vicarious agents of Pendix. To the extent that any liability of Pendix is excluded on the basis of point 10.2, this shall also apply to any personal liability of the employees and vicarious agents of Pendix.

 

11.       Data protection

            Insofar as personal data is collected or processed in connection with the use of the app, this is done exclusively in accordance with data protection regulations, in particular the EU General Data Protection Regulation (GDPR) and the German Federal Data Protection Act (BDSG). Further information on the processing of personal data when using the app can be found at https://pendix.de/datenschutz/app.

 

12.       Contract period / cancellation / uninstallation / profile deletion

 

12.1     The free of charge contractual relationship for the use of the app exists for an indefinite period of time. Both parties are entitled to terminate the contract hereunder with one month's notice.

 

12.2     Uninstallation of the app shall not be deemed as termination of the contract by the user.

 

12.3     It is possible for the user to erase his user profile within our app by using a functionality provided for this purpose under “Menu” - “Profile” - himself. Performing this function is considered as termination of the contract. After the user has used this functionality, Pendix shall be entitled to erase all of the user’s data. Otherwise, the obligations to erase user data are governed by our current data protection provisions. In particular, we will immediately erase all user data for which we have no obligation to retain it or for which we have no right to retain it on the basis of the applicable data protection regulations, in particular the GDPR.

 

13.       Final provisions

 

13.1     If one or more provisions of these terms of use are invalid or unenforceable in whole or in part, the validity of all other provisions of these terms of use shall not be affected thereby. The invalid or unenforceable provision shall be deemed to be replaced by the valid or enforceable provision that comes closest to the economic purpose pursued by the parties with the invalid or unenforceable provision. This also applies to any gaps in these terms of use.

 

13.2     The law of the Federal Republic of Germany shall apply to the exclusion of the UN Sales Convention. If you have placed the order (registration to use the app) as a consumer and have your habitual residence in another country at the time of your order, the application of mandatory legal provisions of that country shall remain unaffected by the aforementioned choice of law.

 

13.3     These terms of use can be viewed, printed and saved by the user at any time.

 

13.4     The exclusive place of jurisdiction for all disputes arising from the use of the app shall be the registered office of Pendix if the User is acting as a purchaser within the meaning of Art. 14 BGB and has its registered office in Germany at the time of the order. In all other respects, the applicable legal provisions shall apply to local and international jurisdiction.