MotionTag GmbH

Ver. 2.0

Dated: 01 Feb 2024

§ 1 Contracting Parties and Scope

(1) The contract is between you and MotionTag GmbH, Rudolf-Breitscheid-Str. 162, 14482 Potsdam, Germany ("we" or "MOTIONTAG").

(2) As part of the contract, we provide you with the smartphone application MOTIONTAG ("app") in its current version, which you can use free of charge and for private purposes to track the distances you travel, your stays and your mobility behavior in everyday life and to take advantage of other related services of MOTIONTAG (collectively, the "service").

(3) The following Terms of Use apply to the use of the app and the service. Deviating terms and conditions will not be recognized unless MOTIONTAG expressly agrees to their validity in writing.

(4) The use of the app and the service is free of charge for private purposes only. If you want to use the app for institutional, commercial or research purposes, in particular to collect and export data, you may only do so with the written consent of MOTIONTAG under separately regulated conditions. In this case we reserve the right to deny you the use, to delete the account including the corresponding data, or to charge fees for the use.

§ 2 Registration, conclusion of the contract

(1) Before using the service, you must accept these Terms of Use and any applicable contractual provisions of MOTIONTAG's cooperation partners or give the requested consent to the processing of your personal data (see our Privacy Policy). To do this, you must first register free of charge via the app and thus create your account. To register, enter a valid e-mail address, a secure password of your choice and, if applicable, a registration or project code. By clicking on the "REGISTER NOW" button, you submit an offer to conclude a contract for the use of the service under these Terms of Use.

(2) MOTIONTAG accepts this offer by sending you a registration e-mail to the e-mail address you provided. We declare acceptance under the condition precedent that you click on the activation link provided in the registration e-mail. By clicking on the activation link, a contract between you and MOTIONTAG for the use of the service comes into existence ("User Agreement"). We reserve the right to refuse your registration without giving reasons.

(3) You cannot use a single account on multiple devices at the same time. You need multiple valid e-mail addresses for multiple accounts. You may only have a maximum of two accounts at any time. If you register multiple times and have more than two accounts at the same time, we will delete all but your two oldest accounts.

(4) You may only register as a natural person. Legal entities are not allowed to open an account. If you register as part of your professional or business activity for a company, we still assume that you are registering as a private person personally.

§ 3 Completeness, duty of truth

(1) All information that you provide in your account must always be complete and truthful. If your details or data change during the term of the user agreement, you must change these details and data in the app yourself without delay or, if this is not possible, inform us of this immediately by e-mail so that we can make the changes for you.

(2) In the event of changes to your information or data that appear to us to be conspicuous or unusual, or where we suspect misuse, we are entitled to contact you by e-mail and question the change.

§ 4 Subject matter of the contract

(1) The app allows you to keep a trip diary with the help of automatic mobility data collection. After activating the recording, the app collects your mobility data in your smartphone. After the sensor data such as waypoints are transferred to our server, the data is automatically analyzed and determined by which means of transport you traveled (e.g. by foot, bike, car, streetcar, train, etc.). The app notifies you about the recorded tracks and shows you the distances, means of transport, stays and purposes of stay ("items") determined in this way. On a map display, you can geographically visualize the individual items, although there may be inaccuracies and errors in individual cases. We are constantly working on improving the service and regularly implement updates to further develop its functionality and quality.

(2) After successful registration, you can start the automatic recording of your personal trip diary via the app. To do this, you must grant at least the technically necessary permissions to the app, in particular permanent access to the device location. You can revoke the permissions at any time in the settings of the app or your smartphone. Please note that in case of a revocation, not all functionalities of the app can be used.

(3) The app summarizes your individual mobility data in statistics and provides you with information about the means of transport you use and your carbon footprint. Your mobility data and any socio-demographic information you provide in app questionnaires are also included in statistical evaluations that are aggregated over a larger group of people. We can display such anonymized evaluations in the app for comparison and also pass them on to third parties for statistical use (e.g., to municipalities, public institutions, transportation companies, mobility providers, planning/engineering offices, research institutes, and others).

(4) You decide when and how long the app records your mobility data. You are free to start, pause or stop the recording at any time.

(5) You can and should correct incorrect tracks in the app. For the completeness and correctness of the change of your data, our explanations in section 3 apply accordingly. Items created incorrectly by the app do not represent a defect. You can report further errors or questions to our support by e-mail or in the form of crash reports, so that they can be included in our continuous improvement in the context of error analyses.

(6) We reserve the right to interrupt or terminate the recording of your mobility data, for example, if the recording takes place within the scope of a survey with cooperation partners only in defined survey periods. If this is the case, details may be set out in the contractual provisions of the cooperation partners, about which you were informed during registration.

(7) The confidentiality and security of your data is important to us. Your data is processed in accordance with the requirements of German data protection law and the European General Data Protection Regulation (GDPR). We also use third-party services, some of which may process data in a third country (i.e. outside the European Union (EU), the European Economic Area (EEA)). You can find more detailed information about this in our privacy policy, which can also be accessed from the app at any time.

§ 5 Blocking, deletion

(1) You can delete your account and all associated data from the app at any time. If this option is not available to you, please contact us via e-mail at app-support@motion-tag.com.

(2) We reserve the right to delete your account if you have not used the service for a period of at least six months, or if we can no longer contact you at the e-mail address you provided.

(3) In the event of deletion of your account by you or by MOTIONTAG, this User Agreement will automatically terminate.

(4) If the current contracts are terminated by other means or if you revoke consents granted that are necessary for data processing, you may no longer use the app. In this case, we will delete or block your account. In case of deletion of your account, we will delete all related data stored in our backend. If aggregated or anonymized evaluations have already been created from this data, these evaluations will be retained and may be used by us. Conclusions about your identity are neither necessary nor desirable and are consistently prevented by means of technical and organizational measures.

§ 6 Prohibited use

(1) When using the service, you must comply with these Terms of Use and applicable law. Any use contrary to these Terms or applicable law is prohibited. In particular, it is prohibited to:

(a) provide incomplete or untrue information;

(b) change and falsify information and mobility data contrary to the truth;

(d) entering information or data from other people;

(e) transfer your account to a third party;

(f) provide third parties with exports of your data;

(g) share your access data and your account with other persons or grant other persons access to them;

(h) modify, tamper with, circumvent, overburden, attack, virus or malware, or otherwise interfere with the service or the app and their underlying software and security measures without authorization;

(i) use the service to spy on other people;

(j) install and use the app without their consent on a cell phone that is used for its intended purpose by another person.

(2) You should keep your access data, especially your password, confidential and protect it from access by others. If you know or suspect that your account has been misused by others or that a third party knows your password, you should immediately change your password yourself and inform us about the incident by sending an e-mail to datenschutz@motion-tag.com.

(3) MOTIONTAG has the right, at its sole discretion, to temporarily or permanently suspend or terminate access to your account if we have reason to believe that you are using your account in a prohibited manner. If we permanently suspend or delete your account due to prohibited use, you may not register again.

§ 7 Liability and responsibility of the user

(1) You indemnify MOTIONTAG from all claims of third parties, which they assert against us, as far as the reason for the claim is your responsibility. In this case, you also assume the costs incurred by us in the context of a necessary legal defense, including court costs and attorney fees in the statutory amount.

(2) In case of a claim by a third party as described above, you are obliged to provide MOTIONTAG immediately, truthfully and completely with all information that may be necessary for the examination of the claims and for the defense.

§ 8 Liability of MOTIONTAG

(1) MOTIONTAG makes reasonable efforts and precautions to provide you with a safe and consistent service. However, malfunctions due to technical errors or maintenance are possible.

(2) We reserve the right to change the service at our sole discretion.

(3) MOTIONTAG's liability for damages caused by and in connection with the exercise of rights and obligations under this contract is excluded. This does not apply to

(a) Damages resulting from injury to life, body or health, which are based on a negligent breach of duty by MOTIONTAG;

(b) Damages based on a breach of duty by MOTIONTAG with regard to essential contractual rights and obligations that are indispensable for the proper execution of the contract, and through this the achievement of the purpose of the contract is endangered (cardinal obligations);

(d) liability under the Product Liability Act.

(4) The exclusion and/or limitation of liability of MOTIONTAG shall also apply to MOTIONTAG's legal representatives and vicarious agents.

§ 9 Revocation

If you enter into this contract as a consumer within the meaning of § 13 of the German Civil Code (BGB) as a private person, you have a statutory right of withdrawal.

Cancellation policy

Right of withdrawal

You have the right to cancel this contract within fourteen days without giving any reason.

The withdrawal period is fourteen days from the date of conclusion of the contract.

To exercise your right of withdrawal, you must inform us (MotionTag GmbH, Rudolf-Breitscheid-Str. 162, 14482 Potsdam, app-support@motion-tag.com ) of your decision to withdraw from this contract by means of a clear declaration (e.g. a letter sent by post or an e-mail). You can use the attached sample cancellation form, which is not mandatory.

In order to comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.

Consequences of the revocation

If you revoke this contract, we must repay you all payments that we have received from you, including the delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without undue delay and at the latest within fourteen days from the day on which we received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment.

If you have requested that the services begin during the withdrawal period, you shall pay us a reasonable amount corresponding to the proportion of the services already provided up to the time you notify us of the exercise of the right of withdrawal with respect to this contract compared to the total scope of the services provided for in the contract.

Sample cancellation form

(If you want to cancel the contract, please fill out this form and send it back).

- An

MotionTag GmbH

Rudolf-Breitscheid-Str. 162

14482 Potsdam

app-support@motion-tag.com

- I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/provision of the following service (*)

- Ordered on (*)/received on (*)

- Name of the consumer(s)

- Address of the consumer(s)

- Signature of the consumer(s) (only in case of notification on paper)

- Date

___________

(*) Delete as applicable.

§ 10 Miscellaneous

(1) MOTIONTAG reserves the right to change these Terms of Use at any time, provided that the changes do not unreasonably disadvantage you. We will notify you of any changes to the Terms of Use by e-mail at least four weeks before they come into effect. The changes will be considered approved if you do not object to the changes within four weeks of our notification by e-mail to app-support@motion-tag.com. In the event of a change to the Terms of Use, we will specifically inform you of your right to object and the significance of the deadline. If you exercise your right to object, we have the right to delete your account no later than the date on which the amended Terms of Use are to take effect. We will also inform you of this separately.

(2) These Terms of Use and the contract regulated therein are subject to German law to the exclusion of the UN Convention on Contracts for the International Sale of Goods.

(3) In the event that you do not have a general place of jurisdiction in Germany, move your domicile or usual place of residence out of Germany after conclusion of the contract, or your domicile or usual place of residence is not known to us at the time of a lawsuit, Berlin shall be the exclusive place of jurisdiction for all disputes between MOTIONTAG and you.

(4) If any provision of these Terms of Use is invalid, this shall not affect the validity of the remaining provisions.

(5) This document was originally published in German and has been translated into English. The content of the German original shall overrule in case of differences in the content of foreign-language versions.