GENERAL TERMS AND CONDITIONS OF USE FOR COMODULE MOBILE APPLICATION
These Terms and Conditions of Use are applicable in the version valid at the time of conclusion of contract for use of the services by you as consumer (“user”) provided via the Ampler mobile application (“Ampler App”), which is developed and maintained by COMODULE OÜ, Pärnu mnt 10, Tallinn 10148, Estonia (“COMODULE”, “we”, “us”) according to the agreement with Bikest OÜ, Soo 4, Aruküla 75201, Estonia (“Ampler”).
1. SERVICE OFFERINGS AND AVAILABILITY
1.1 Ampler App is a mobile application with various functions, which allows you as a user to connect with the Ampler E-Bike to retrieve data from the vehicle, to find routes, navigate and record trips, to see the estimated available range, to troubleshoot and contact support.
1.2 You will need to register to use the services. The registration for use of Ampler App is free of charge. However, we reserve the right to offer individual services for a fee. Chargeable services are marked accordingly.
1.3 There is no entitlement to free services for uninterrupted use. No guarantee is given that access to or the use of Ampler App will not be interrupted or impaired by maintenance work, further developments or otherwise by disruptions, some of which may be lead to data loss. We make every effort to ensure that use of the Ampler App is not disrupted. However, due to technical disruptions (such as e.g. disconnection of the power supply, hardware and software faults, technical problems in the data lines), temporary restrictions or interruptions may occur.
2. REGISTRATION WITH AMPLER APP
2.1 Only persons legally capable to enter into agreements on their own behalf shall be permitted to register with Ampler App. Minors may only register with Ampler App subject to the explicit consent of their parents or legal guardians.
2.2 In the course of the registration process you will be asked to provide information and set your login details. This information consists of the following: name, e-mail address, a freely selected password (at least 8 characters and one capital letter), date of birth and gender. Alternatively, you may register via Facebook Login using the details, which have already been confirmed by Facebook.
2.3 If it is necessary to provide certain information on Ampler App (in particular contact data) at the time of registration or when using the services, you must provide this information truthfully and in full.
2.4 On submitting your registration data, you are entering into a user relationship on the basis of these Terms and Conditions of Use, contractual user relationship is initiated and the requested access is allowed. Once access is allowed, you are authorized to use Ampler App in the context of these Terms and Conditions of Use.
2.5 You may only register with Ampler App once. Please note, that after registration login is prohibited to persons whose access has been permanently blocked. Neither your registration, nor your user relationship nor your user account can be transferred to third parties. As a rule, we do not verify your identity nor your personal details when you register, with the exception of an automatically verification of your age (compare above). Therefore, we cannot give any guarantee that the profiles actually relate to the person they purport to relate to.
3 RESPONSIBILITY FOR THE LOGIN DETAILS
3.1 You must keep your login details including the password secret and not make these details available to unauthorized third parties.
3.2 It is furthermore in your responsibility to ensure that only you or the persons authorized by you have access to Ampler App and the use of the services available on Ampler App. If there are suspicions that unauthorised third parties have obtained or will obtain your login details, COMODULE (firstname.lastname@example.org) must be notified immediately. Please note: You are fully responsible for any use and/or other activity on Ampler App that is carried out using your login details. You as a user are liable for any losses caused by unauthorised third party use, unless you are not to blame (such as e.g. data leakage caused by unauthorized third parties use that must have been prevented by COMODULE).
4 BLOCKING OF ACCESS
4.1 COMODULE can at its sole discretion block your access – temporarily or permanently – to Ampler App or to individual areas or if there is a tangible suspicion that you are in breach of or have breached these Terms and Conditions of Use and/or any applicable law, or if we have other legitimate interest in blocking a user account. The decision on blocking will adequately take into account your legitimate interests. COMODULE will send you a personal message by e-mail warning you that your account will be blocked. If despite warnings you repeatedly breach these Terms and Conditions of Use, we reserve the right to block your access permanently and to exclude you permanently from future participation in Ampler App.
4.2 In the case of temporary or permanent blocking of your access authorization, you will be notified by email about this.
4.3 In the case of a temporary blocking, your access authorization will be reactivated after expiry of the timeout period or the reason for blocking has been finally rectified and you will be notified by e-mail about this. Permanently blocked access authorization cannot be restored.
5 TERMINATION OF USE
5.1 You may terminate your free access at any time by deleting your account from the Ampler App. We also reserve the right to cancel free access to all our services or individual services with a notice period of fourteen (14) calendar days.
5.2 In the event that notice is given for full termination of the Ampler App account, your user name and the password will be blocked until the termination date.
5.3 In the event of a full termination of your Ampler App account, we are entitled to irretrievably delete all data created in the context of your Ampler App account data at the end of 30 calendar days dating from the effective date of notice and after any legal retention periods. The regulations on data protection shall take precedence with regard to personal data and these regulations may provide for a shorter period for deletion. In any case personal data given by user within the registration process or later to fulfil any contractual obligations will be deleted, provided personal data is no longer necessary for the implementation of the contract or possible legal retention periods (see also 10.1.).
6 SCOPE OF PERMITTED USE, MONITORING OF USAGE ACTIVITIES
6.1 Your subscription is limited to access to Ampler App, as well as the use of the services available on Ampler App under the provisions of the Terms and Conditions of Use.
6.2 You are responsible for ensuring the necessary technical requirements that fall within your area of responsibility (in particular, mobile device and Internet access). We are not under any obligation to provide advice in this respect.
6.3 It should be noted that under the governing law your use activities may be monitored to the legally permitted extent and there may be a statutory obligation for us to do this. This includes logging of IP connection data, as well as the evaluation of this connection data if there is a tangible suspicion that the present Terms and Conditions of Use have been breached and/or a tangible suspicion of the existence of a criminal offence or other illegal activity.
6.4 Ampler App collects information from users in connection with the use of Ampler App. The information collected by Ampler App includes vehicle location, routes and diagnostic data. This information shall be saved and used in particular in order to offer new services to the user, to improve the services and to conform them to the users’ needs. Only anonymized data will be collected, saved and used for the reasons stated above (see also 10.4.).
7 PROTECTION OF CONTENT
7.1 The compilation of the content on Ampler App is protected as such by copyright. You may only use this content in accordance with these Terms and Conditions of Use and in the context of Ampler App.
8 RIGHT TO AVAILABLE CONTENT ON AMPLER APP
8.1 Unless any further use is expressly permitted in these Terms and Conditions of Use or on Ampler App, — you may only retrieve and view the content available on Ampler App exclusively for your own purposes and if you are a natural person, for the purposes of family members living in the same household as you. Any commercial use of the available content is prohibited (see also 9.1.). This usage right is limited to the duration of your contractual participation in Ampler App; – you are forbidden from editing, modifying, translating, presenting, publishing, issuing, replicating or disseminating (including the use of I-framing) the content available on Ampler App, wholly or partially. It is also forbidden to remove or change copyright notice, logos and other distinctive signs or notices.
8.2 You are only entitled to download and print out content insofar as a feature is available on Ampler App to download or print (e.g. by means of a download button).
8.3 With regard to content you have duly downloaded, you are granted an indefinite and non-exclusive right of use to use the content for your own purposes or for the purposes of family members living in the same household as you. With regard to content that is transferred to you for a charge, a further prerequisite for the granting of this right is that you have paid in full for the relevant content. In addition, the original right-holders shall retain all rights to the content.
8.4 The mandatory legal rights according to the Copyright Law remain unaffected.
9 FORBIDDEN ACTIVITIES
9.1 Commercial use is not permitted.
9.2 Also prohibited is any act that could impair the smooth operation of Ampler App, in particular placing an excessive burden on our IT systems.
9.3 If you become aware of any illegal, improper, wrongful or otherwise unauthorised use of Ampler App, you are obliged to send an e-mail to email@example.com and report this unauthorised use. We will then carry out checks and if necessary, take reasonable steps.
10 DATA PROTECTION
10.1 One of the quality requirements of COMODULE is to handle your personal data (hereinafter referred to as “personal data”) responsibly. The personal data arising from registration with Ampler App, as well as resulting from the use of the available services are only collected, processed and used to the extent that this is necessary to use the services and for contractual performance and insofar as permitted by statutory provisions. We therefore treat the personal data confidentially and in accordance with the provisions laid down in the prevailing data protection law and do not transmit/share this data with third parties. The personal data will be kept by COMODULE as long as the services of COMODULE are used via the Ampler App by the user; after this time, the personal data is deleted from the system.
10.2 In addition, your personal data is only used to the extent to which you have given your express consent. You can withdraw your consent at any time.
10.4 We may use anonymous data for statistical purposes, including for commercialization of such anonymous data and for the improvement of the Ampler App and Services.
11 LIMITATION OF LIABILITY
11.1 COMODULE has unlimited liability vis-à-vis the user for any losses arising from intentional or grossly negligent breach of contractual duties on the part of COMODULE, as well as in the case of injury to life, body and health. For a slightly negligent breach of obligations whose fulfilment is essential for the proper performance of the agreement and which the user would usually expect to be complied with, the liability of COMODULE is limited to foreseeable and typically occurring losses. In all other respects, liability for simple negligence is excluded. Any existing liability on the part of COMODULE under the Product Liability Law or arising from the provision of guarantees remains unaffected.
11.2 COMODULE liability is excluded in case the user violates the law and/or regulations when using Ampler App and/or Ampler E-bike. For example, if the user suffers and/or causes losses from using an Ampler E-Bike, which does not meet the criteria set for electric bikes (i.e. the Ampler E-bike is modified into a higher speed mode than 25 km/h and/or higher power mode than 250W, which are the maximum allowed limits in EU for electric bikes).
11.3 The aforementioned limitations of liability shall also apply in the event of breach of duty by the legal representatives or vicarious agents of COMODULE. Where liability on the part of COMODULE is excluded as a result of the aforementioned provisions, this also applies to any personal liability on the part of the employees and agents of COMODULE.
12 CHANGES TO THESE TERMS AND CONDITIONS OF USE
12.1 COMODULE reserves the right to make changes to these Terms and Conditions of Use at any time with immediate effect, even within the existing contractual relationships. You will be informed of any changes at least 30 calendar days before the planned date for the entry into force of the changes.
12.2 If you do not lodge an objection within 30 calendar days from the date of receipt of the communication and you continue to use the service, even after expiry of the objection period, then the changes shall be deemed to be effective from expiry of the deadline. In the event that you lodge an objection, the user relationship will continue under the previous conditions. COMODULE reserves the right to terminate the user relationship in accordance with 5.1. in the event of an objection. The notification of any changes will contain information on your right of objection and the consequences thereof.
13 CHANGE TO SERVICES
13.1 We are at all times entitled to change the services that are provided free-of-charge on Ampler App, to make available new services free-of-charge and to stop the provision of free-of-charge services.
13.2 Each notification of change will contain separate information of the consequences of the change and your right to object and/or give notice of termination.
14 GENERAL PROVISIONS
14.1 Detailed information about us as operators of Ampler App can be found in our homepage: www.comodule.com.
14.2 Solely Estonian law shall be applicable with the exclusion of the United Nations Convention on Contracts for the International Sale of Goods. Court of jurisdiction for all disputes shall be Tallinn (Estonia).
14.3 If any provision of these Terms and Conditions of Use is or becomes ineffective, the validity of the remaining provisions remains unaffected. In such a case, the parties are obliged to cooperate in the creation of provisions that approach as closely as possible the commercial tenor of the unworkable provision. The above applies to any contractual gaps accordingly.