Terms of use for the NAVIT app

Status: October 2023

Part A: General part

1. Scope of the Terms of Use

1.1. RYDES GmbH, Brunnenstraße 19-21, 10119 Berlin (hereinafter referred to as "NAVIT") operates an application for mobile devices ("NAVIT App"), which it offers you for use subject to these Terms of Use for the NAVIT App ("Terms of Use").

1.2. The NAVIT app offers you the opportunity to use the mobility budget granted to you by your employer for various mobility solutions ("mobility products") offered by third-party providers under their own responsibility.

1.3 The NAVIT app is configured for the iOS and Android operating systems and you can download it from the standard app stores. There are no costs for downloading and using the NAVIT app.

1.4. These Terms of Use govern the contractual relationship between NAVIT and you regarding the use of the NAVIT app. They apply as the exclusive contractual basis for the use of the NAVIT app.

1.5. In addition to these Terms of Use, the regulations of the respective app store from which you download the NAVIT app may apply to the download of the NAVIT app from an app store. With regard to the download of the NAVIT app, in the event of a discrepancy between the Terms of Use and the regulations of the app store, the regulations of the app store shall take precedence. If the NAVIT app is downloaded from the Apple Inc. app store, the contract is not concluded between you and Apple Inc. but between you and NAVIT, so that NAVIT alone is responsible for licensing the NAVIT app to you. Apple Inc. shall not become a party to the contract in relation to the use of the NAVIT App and shall not be liable for any defects, damages or infringements of the rights of third parties. Apple Inc. is also under no obligation to provide maintenance, support and care services in relation to the NAVIT App.

1.6. Source codes, development materials and open source software used within the NAVIT app are excluded from this agreement.

1.7. NAVIT does not save this contract text after conclusion of the contract. You can access the terms of use at any time in the NAVIT app.

2 Subject matter of the contract and provision of the NAVIT app

2.1. The subject matter of the contract is the provision of the NAVIT app for use by you.

2.2. In order to use the functionalities of the NAVIT app, you must first register in the NAVIT app in accordance with section 4.

2.3. You can book various Mobility Products, in particular the Mobility Products listed in the Special Section of these GTC, via the NAVIT App.

2.4. The NAVIT app also allows you to track which Mobility products you have used and when.

2.5. Following your use of the various Mobility products, NAVIT offsets the CO2 emissions generated.

2.6. The specific range of functions of the NAVIT app can be found in the respective product description or update descriptions in the App Store.‍

2.7. The NAVIT App is provided to you in a compiled machine-readable form ("object code") in accordance with these Terms of Use without any obligation to pay in the form in which it is available in the App Store at the time the contract is concluded so that it can be installed on your mobile device.‍

2.8. The connection to the Internet, the maintenance of the network connection and the procurement and provision of the hardware and software required for the use of the NAVIT App are not the subject of these Terms of Use. In order to be able to use the NAVIT App, you must therefore provide Internet access and all technical equipment required for this purpose on your own responsibility and bear the fees incurred in this connection yourself.

2.9 You are not entitled to access to the source codes of the NAVIT app.

3. changes to the NAVIT app

3.1. NAVIT may change and adapt the NAVIT App and its scope of functions beyond what is necessary to maintain the contractual conformity of the NAVIT App if a valid reason requires this change. Ein solcher liegt insbesondere vor bei Änderungen (i) zur Umsetzung geänderter gesetzlicher Anforderungen oder Rechtsprechung, (ii) zur Umsetzung gerichtlicher oder behördlicher Anordnungen, (iii) zur Umsetzung geänderter technischer Anforderungen wie bspw. einer neuen technischen Umgebung oder anderer betriebstechnischer Gründe, (iv) zur Anpassung an veränderte Marktgegebenheiten wie bspw. (v) due to violations of third-party rights, (vi) due to loss or changes to third-party license conditions whose licenses are required for the operation of the NAVIT App, (vii) due to delivery or provision restrictions by NAVIT's service providers, or (viii) for the benefit of the user.

3.2. You will not incur any additional costs for changes to the NAVIT app and its scope of functions. NAVIT will inform you clearly and comprehensibly about the change in the NAVIT app.

3.3. If such a change impairs your access to or usability of the NAVIT App more than insignificantly ("negative change"), NAVIT will inform you at least eight weeks in advance by e-mail ("change notification"). The Change Notice contains the characteristics and the time of the negative change as well as information about your rights described below.

3.4. In the event of negative changes, you have the right to terminate the contract free of charge with a notice period of 30 days. The period begins when you receive the notification of change. If the change is made after you have received the notification of change, the period only begins to run from the time of the change. Termination of the contract is excluded if the accessibility or usability of the unchanged NAVIT app is maintained without additional costs.

3.5. These Terms of Use shall apply accordingly to all amendments and to the NAVIT App in the version amended by the amendments.

3.6. For clarification: The addition, removal and adaptation of content available via the NAVIT App does not constitute a change to the NAVIT App or its scope of functions and can be carried out by NAVIT at any time without taking into account the provisions of this Section 3.

4. conclusion of contract; setting up the user account; registration

4.1. In order to use the NAVIT app, you must register and set up a user account ("user account").

4.2. The user account is set up and you register by clicking on the "Let's go" button after receiving the invitation by email from your HR and providing the required information. By clicking on the "Send" button, the registration contract between you and NAVIT is concluded.

4.3. Until you click on the "Submit" button, you can change your entries at any time by deleting, adding to or correcting the information provided in the various fields, or by closing the NAVIT app

5. Responsibilities

5.1 Your information

5.1.1. All information provided by you must be complete, correct and truthful. You are obliged to keep the information you provide up to date.

5.1.2. You represent that (i) you are not located in a country that is subject to a U.S. government embargo or that has been designated as a "terrorist supporting" region by the U.S. government; and (ii) you are not listed on any U.S. government list of prohibited or restricted parties.

5.2 Use of the NAVIT app

You are obliged to use the NAVIT App exclusively in accordance with these Terms of Use and in accordance with its intended purpose. You are obliged not to use the NAVIT app for purposes other than those intended or to use it in a way that disrupts or overloads its technical operation.

5.3. User account; programming errors; data backup‍

5.3.1. You are obliged to protect your personal access data from access by third parties and not to pass it on to third parties. User accounts are not transferable. In the event of possible misuse or access by third parties, you must inform NAVIT immediately.

5.3.2. If you discover a programming error that could potentially be exploited to the detriment of other users or NAVIT, please report it to NAVIT immediately.

5.3.3. You are responsible for backing up the data on your mobile device at regular intervals appropriate to the importance of the data.

6. Granting of rights

6.1. NAVIT grants you a non-exclusive (simple), non-transferable, non-sublicensable, geographically unlimited right, limited to the term of this contract, to use the NAVIT App and the content contained in the NAVIT App for non-commercial purposes in accordance with these Terms of Use and to store and display it to the extent necessary for the intended and contractual use. All rights not expressly granted, in particular the rights to edit, distribute, make publicly available and/or otherwise exploit the NAVIT App, are reserved. Insofar as NAVIT provides new releases, patches, upgrades, updates and corrections of the NAVIT App during the term of this contract, the above right of use shall apply in the same way.

6.2. Excluded from the granting of rights are components of the NAVIT App that are recognizably subject to the rights of third parties and in particular open source licenses. In particular, components that are disclosed by NAVIT within the NAVIT App as third-party content shall be deemed recognizable.

6.3. You may not decompile or otherwise reverse engineer the NAVIT App or attempt to obtain its source code. The only exceptions to this are actions that are necessary to obtain interface information that is required to establish the interoperability of the NAVIT App with third-party software. The prerequisite for this is that you have previously tried unsuccessfully to obtain such information from NAVIT in return for reasonable compensation. Interface information obtained in this way may only be used for the purpose of establishing interoperability, may not be published and may only be made available to third parties to the extent necessary to establish interoperability.

6.4. You may only download and use the NAVIT App on devices that are linked to the App Store ID used for the installation. If you have downloaded the NAVIT App from the Apple Inc. App Store, the grant of rights in this Section 6 applies to the use of the NAVIT App on all Apple-branded products that you own or control and to the extent permitted by the App Store Terms of Service, unless the NAVIT App can be purchased and used by other accounts associated with you via family sharing or bulk purchasing.

7. Right of withdrawal

Cancellation policy

Right of withdrawal

You have the right to withdraw from 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 the right of withdrawal, you must inform us (RYDES GmbH, Brunnenstraße 19-21, 10119 Berlin, [email protected]) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or e-mail). You can use the attached sample withdrawal form, but this is not mandatory.

To meet the withdrawal deadline, it is sufficient for you to send your notification of exercising your right of withdrawal before the withdrawal period has expired.

Consequences of revocation

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from 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; under no circumstances will you be charged any fees for this repayment.

If you have requested that the service should commence during the withdrawal period, you must pay us a reasonable amount corresponding to the proportion of the services already provided by the time you inform us of the exercise of the right of withdrawal with regard to this contract compared to the total scope of the services provided for in the contract.

Sample withdrawal form(If you wish to cancel the contract, please complete this form and return it to us).

  • To: RYDES GmbH, Brunnenstraße 19-21, 10119 Berlin, [email protected]
  • I/we () hereby revoke the contract concluded by me/us () for the purchase of the following goods ()/the 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 for notification on paper)
  • Date(*) Delete as appropriate.‍

8. Warranty for defects

8.1. NAVIT shall provide a warranty in accordance with the statutory provisions.8.2. If you have downloaded the NAVIT App from the Apple Inc. App Store, to the extent permitted by applicable law, Apple Inc. shall have no warranty obligation with respect to the NAVIT App and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to honor any warranty or failure to make any warranty claim against NAVIT shall not be the responsibility of Apple Inc. but shall be the sole responsibility of NAVIT. However, you have the option of notifying Apple Inc. in the event of failure to assert warranty claims against NAVIT. Apple Inc. will then refund you the purchase price for the NAVIT App, if applicable.

9. Liability

NAVIT shall be conclusively liable within the scope of these Terms of Use in accordance with the following provisions:

9.1. NAVIT shall be liable without limitation for intent and gross negligence as well as for damages resulting from injury to life, body or health.

9.2. In cases of slight negligence, NAVIT shall be liable for breach of a material contractual obligation. An essential contractual obligation within the meaning of this clause is an obligation, the fulfillment of which makes the execution of the contract possible in the first place and on the fulfillment of which the contractual partner may therefore regularly rely.

9.3. Liability pursuant to clause 9.2 shall be limited to the damage foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected.

9.4 The liability for damages due to data loss in the case of clause 9.2 is limited to the amount of the recovery of the data that would have been incurred even if you had backed up the data regularly and in accordance with the risk.

9.5. The limitations of liability shall apply accordingly in favor of the employees, agents and vicarious agents of NAVIT.

9.6. Any liability of NAVIT for guarantees given (which must be expressly designated as such) and for claims based on the Product Liability Act shall remain unaffected.

9.7. Any further liability on the part of NAVIT is excluded.

10. Term; termination; blocking

10.1. Term and termination

10.1.1. This contract is concluded for an indefinite period and can be terminated by NAVIT with a notice period of two weeks. You can terminate this contract at any time, e.g. by deactivating your user account or informing your HR department.

‍10.1.2. The statutory right to extraordinary termination without notice for good cause remains unaffected. § Section 314 (1) BGB shall apply.

10.1.3. The parties agree that there is good cause for NAVIT to terminate the contract in the following cases in particular:

a) You seriously or repeatedly violate the provisions of these Terms of Use, despite a warning;

b) You violate these Terms of Use in a way that is likely to disrupt the use of the NAVIT app by other users to a more than insignificant extent;

c) You are in breach of the ban on commercial use of the NAVIT app;

d) You infringe the rights of third parties when using the NAVIT app.‍10.2. Blocking

10.2.1. Instead of termination, NAVIT may, at its reasonable discretion, temporarily block your use of the NAVIT App or temporarily exclude you from individual functions of the NAVIT App in the event of justified suspicion of a breach of these Terms of Use or misuse of the NAVIT App, for example in the event of unauthorized use of the user account by a third party.

10.2.2. NAVIT is also entitled to temporarily block your access to the NAVIT App if (i) the blocking is necessary for technical reasons, or (ii) NAVIT is obliged to block it by law, court order or official order.

10.2.3. NAVIT shall notify you of a block, including the reasons for the block, at least one working day before the block takes effect in text form and enable you to comment on the block, provided that the notification and/or waiting for the comment is reasonable and compatible with the purpose of the block, taking into account the interests of both parties. NAVIT shall unblock the use of the NAVIT app (and all functions) for you if the reason for the block no longer applies.

11. Changes to the terms of use

11.1. NAVIT may amend and adapt these Terms of Use with effect for the future if there is a valid reason for the amendment and insofar as the amendments are reasonable, taking into account the interests of both contracting parties.

11.2. A valid reason exists in particular if the changes are necessary to a not insignificant extent due to a disturbance of the equivalence relationship of the contract that was unforeseeable for NAVIT at the time of conclusion of the contract or are necessary for the further execution of the contract due to changes in case law or legislation.

11.3. The amendment of a main service obligation - with the exception of the changes to the NAVIT app or its scope of functions described in Section 3 - is excluded.

11.4. NAVIT shall send you the amended terms and conditions in text form at least six weeks before the planned entry into force and shall draw your attention separately to the new regulations and the date of entry into force. At the same time, NAVIT shall grant you a reasonable period of at least six weeks to declare whether you accept the amended terms of use for the further use of the NAVIT app and its functions.

11.5. If no declaration is made by you within this period, which shall commence upon receipt of the message in text form, the amended Terms of Use shall be deemed to have been agreed.

11.6. NAVIT will inform you separately of this legal consequence, i.e. the right of objection, the objection period and the significance of silence, at the beginning of the period.

12. Third party beneficiaries

In the event that you download the NAVIT App from the Apple Inc. app store, the following applies: The parties acknowledge and agree that Apple Inc. and its subsidiaries are third party beneficiaries of this Agreement and that upon your acceptance of these Terms of Use, Apple Inc. will be granted the right (and Apple Inc. will be deemed to have accepted this grant of rights) to enforce the Agreement and these Terms of Use against you as a third party beneficiary.Part B: Special Part (Mobility Products)

13. special conditions NAVIT Cards

13.1. In the event that your employer enables the use of NAVIT Cards by selecting the corresponding package, you will be provided with a virtual Visa debit card in the app, which you can deposit with third-party providers as a means of payment and use to pay for mobility solutions.

13.2. There are two types of debit cards, the (i) NAVIT Mobility Card, for use in the context of paying for public and private transport and other transportation services ("everything that moves people") and the (ii) NAVIT Fuel Card, for use in the context of purchasing fuel or charging electric cars ("everything that moves the car"). The use of the respective mobility solution is governed by the terms of use of the respective third-party provider and, if applicable, the employer's specifications. The NAVIT Cards are issued by Adyen N.V., Carmiggeltstraat 6-50, 1011 DJ, Amsterdam, Netherlands (hereinafter "Adyen") on the basis of a separate payment card issuing agreement concluded between Adyen and your employer ("Card Issuing Agreement").

13.3. The monthly mobility budget provided by your employer will be loaded onto the respective NAVIT Card as a credit balance. In the app, you can view your current credit balance and the transactions made to date with the respective NAVIT Card.

13.4. The NAVIT Card is only activated and usable after you have activated it in the NAVIT app. Your employer creates a profile for you and sets a budget, the desired products, a start date and a term for the respective NAVIT Card. NAVIT will then send you an activation link by SMS or e-mail to the telephone number or e-mail address provided by your employer. By clicking on the activation link, you can activate the NAVIT Card for use.

14. special conditions job ticket

14.1. In the event that your employer has selected the option of arranging the Deutschland-Ticket as a job ticket through NAVIT by selecting the corresponding package, this Section 14 applies.

14.2. The fare conditions for the Deutschland-Ticket (available at https://deutschlandtarifverbund.de/wp-content/uploads/2023/03/20230324_TB-D-Ticket_DTVG.pdf) between you and Deutschlandtarifverbund-GmbH, Wiesenhüttenplatz 25, 60329 Frankfurt am Main or the conditions of the contracting transport company between you and the contracting transport company apply to your use of the Deutschland-Ticket as a job ticket. When using the Deutschland-Ticket as a job ticket, you are responsible for complying with the fare regulations for the Deutschland-Ticket or the terms and conditions of the contracting transport company and for ensuring that the ticket is fully loaded in the app before you start your journey. You will receive the fare regulations and the terms and conditions of the contracting transport company in the app before purchasing the Deutschland-Ticket as a job ticket.

14.3. The provision of the Deutschland-Ticket by your employer requires that you provide her or NAVIT with certain information on request for forwarding to the transport companies. This information includes, in particular, your surname, first name, full address and date of birth. The transport companies or authorities may request further information that you must provide in order to be able to use the Deutschland-Ticket as a job ticket.

14.4. You must keep the product ID of the Job Ticket secret.

15. special conditions for bike leasing

15.1. In the event that your employer has selected the option of arranging bike leasing solutions through NAVIT by selecting the appropriate package, you can apply for the bike leasing solutions listed in the NAVIT app.

15.2. NAVIT arranges the bike leasing solutions via the bike leasing partners listed on the NAVIT website and in the NAVIT app (https://www.businessbike.de/de/) ("Bike Leasing Partners").

15.3. As an intermediary, NAVIT assumes no liability for the solutions offered by the bike leasing partners.

15.4. The terms and conditions of use of the Bike Leasing Partners may apply to your use of the Bike Leasing Solutions.

16. special conditions for car subscriptions

16.1. In the event that your employer has selected the option for NAVIT to arrange car subscription solutions by selecting the relevant package, you can apply for the car subscription solutions listed in the NAVIT app.

16.2. NAVIT brokers the car subscription solutions via the car subscription partners listed on the NAVIT website and in the NAVIT app (https://www.finn.com) ("car subscription partners").

16.3. As an intermediary, NAVIT assumes no liability for the solutions offered by the car subscription partners.

16.4. The terms of use of the car subscription partners may apply to your use of the car subscription solutions.

17. Final provisions

17.1. Choice of law. These Terms of Use are subject to German law to the exclusion of the UN Convention on Contracts for the International Sale of Goods. If you are a consumer, i.e. if you are a natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to your commercial nor your independent professional activity, and if your habitual residence is not in Germany, this shall apply with the proviso that mandatory provisions of the law of the country in which you have your habitual residence shall continue to apply insofar as they provide otherwise.

17.2. Language. The contract language is German.

17.3. Generic feminine. For better readability, the generic feminine is used in this contract with the exception of the provisions on your right of withdrawal. The personal designations used in this contract refer to all genders, unless expressly agreed otherwise.

17.4. Central point of contact. Questions, complaints or claims relating to the NAVIT app can be addressed in German and English to RYDES GmbH, Brunnenstraße 19-21, 10119 Berlin, [email protected].

17.5. Place of jurisdiction. The place of jurisdiction and place of performance for (i) users who are not consumers, (ii) consumers who are not domiciled in Germany when the contract is concluded or who move their domicile abroad after the contract is concluded, and (iii) consumers whose habitual residence is unknown at the time the action is brought is Berlin. Otherwise, the place of jurisdiction shall be determined in accordance with the general rules.

17.6. Transferability. NAVIT has the right to transfer the rights and obligations arising from this contract to a third party. In such a case, you have the right to withdraw from the contract.

17.7. Mandatory information on consumer dispute resolution. The European Commission provides a platform for online dispute resolution (OS) at http://ec.europa.eu/consumers/odr/. NAVIT is neither willing nor obliged to participate in a dispute resolution procedure before a consumer arbitration board.