End User License Agreement (EULA]
Terms of Use for the BusWay App (Community Edition]
1. Subject Matter, Scope and Provider
1.1. This license agreement (hereinafter "EULA"] governs the use of the mobile application "BusWay" (Community Edition] by you as a consumer (hereinafter "User"].
1.2. Provider and licensor of the app is:
BusWay Systems
Inh.: Gabriela Brembach
Bahnhofstr. 15a, 79206 Breisach am Rhein
Germany
E-mail: info@busway.app
1.3. By downloading, installing or using the app, you agree to these terms. In addition, the terms of use of the Google Play Store, through which the app was obtained, apply.
2. Scope of Services and Safety Notice (IMPORTANT!]
2.1. BusWay is a digital assistance system to support drivers with route instruction and navigation.
2.2. WARNING: The app is a pure aid. Map data, route courses and GPS positions may be inaccurate, outdated or incorrect due to technical circumstances. The software does not replace the driver's local knowledge, attention or judgment.
The driver has sole responsibility for driving the vehicle. The provisions of the road traffic regulations (StVO] as well as local conditions (traffic signs, traffic lights, closures, police instructions] always take precedence over the instructions of the app. The operation of the app while driving is strictly prohibited. The terminal must be mounted in such a way that it does not impair the view and operation of the vehicle.
2.4. The provider expressly assumes no liability for the correctness of speed limits, headroom or weight restrictions. Damages resulting from following navigation instructions are the sole responsibility of the driver.
3. Usage Rights (License]
3.1. The provider grants you the simple, non-transferable, non-sublicensable and revocable right to use the app for personal, non-commercial purposes on a terminal device that you own or control.
3.2. You are prohibited from copying, modifying, decompiling, reverse engineering or performing automated queries (scraping] of the source code of the app, unless this is mandatory by law.
4. In-App Purchases, Subscriptions and Lifetime Licenses
4.1. The app offers paid extensions ("Pro Version"]. These can be purchased as a recurring subscription (e.g. monthly/annually] or as a one-time purchase ("Lifetime"] via the Google Play Store.
4.2. Contractual partner for the payment: All payments are processed exclusively via the Google Play Store. The purchase contract is concluded between you and Google Commerce Limited. The payment and refund conditions of Google apply.
4.3. Subscriptions: Subscriptions are automatically renewed for the selected period, unless they are cancelled at least 24 hours before the end of the current period via the settings of your Google Play account.
4.4. Lifetime License: The purchase of a "Lifetime" license entitles you to use the Pro features for the lifetime of the "BusWay Community Edition" product on the Android platform. "Lifetime" does not refer to the lifetime of the buyer, but to the availability of the service. If the service has to be discontinued for economic or technical reasons, the right of use ends.
5. Warranty and Liability
5.1. The app is provided "as is". The provider does not guarantee that the app will function without interruption or error at all times.
5.2. The provider is liable without limitation in the event of intent, gross negligence and for damages resulting from injury to life, limb or health.
5.3. For slight negligence, the provider is only liable in the event of a breach of essential contractual obligations (cardinal obligations]. In this case, liability is limited to the typical, foreseeable damage. Strict liability for initial defects is excluded.
5.4. Exclusion for navigation errors: Any liability for fines, accidents or damages resulting from following route suggestions is excluded (see § 2].
6. Data Protection
The protection of your data is important to us. The use of the app is subject to our privacy policy. You can find this under the following link:
7. Changes and Updates
7.1. We reserve the right to update the app at any time, to expand or restrict functions in order to guarantee security or to reflect technical progress.
7.2. This EULA can be adapted. You will be informed about significant changes within the app.
8. Cancellation Policy for Digital Content
Since the Pro version is purchased directly via the Google Play Store, the cancellation and return policies of Google Play apply. As a rule, the right of cancellation expires for digital content as soon as the download or activation has started and you have agreed to this. Refund requests should be addressed directly to Google.
9. Final Provisions
9.1. The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods.
9.2. Online dispute resolution: The EU Commission provides a platform for online dispute resolution: https://ec.europa.eu/consumers/odr
Note: This EULA exclusively governs the use of the Community Edition (App Store version]. Separate B2B contracts apply to the use of the Team/Enterprise Editions.