Terms of Use for the LKW.APP

These Terms of Use apply between Aparkado UG (haftungsbeschränkt), Pilgrimstraße 6, 50674 Köln (hereinafter "Aparkado") and the users (hereinafter "you") of the mobile application LKW.APP.

§ 1 Scope and conclusion of contract

(1) These Terms of Use govern the free-of-charge use of the LKW.APP. Among other things, the app enables professional drivers to (i) find truck parking spaces and truck stops nearby and along the route, (ii) view ratings and experiences of other users as well as submit their own ratings, (iii) view information on loading and unloading points, and (iv) take advantage of offers from partners along the route.

(2) The contract for the use of the app is concluded by downloading and installing the app on a mobile device. The contract ends when you delete the app from your device or terminate your user account.

§ 2 Free of charge

Downloading the LKW.APP and using the functionalities offered are free of charge for end users. You bear any connection and data costs incurred by the respective app store or mobile network provider yourself. Paid additional functions are clearly marked as such and require your express consent.

§ 3 User account and registration

(1) A large part of the functions can be used without registration. For advanced functions (e.g. your own truck profile, submitting ratings), the creation of a user account is required. Registration is carried out with a valid email address or via the single sign-on procedures of the providers Apple, Google oder Meta (Facebook).

(2) You warrant that you will provide all mandatory information truthfully and completely and that you will update changes in your profile without delay.

(3) Use of the app is permitted for persons aged 16 and over. You are obliged to keep your access data confidential and not to make it accessible to third parties.

§ 4 Rights of use to the app

Aparkado grants you a simple, non-exclusive, non-sublicensable and non-transferable right to use the app as intended on your mobile devices for the duration of this contract. Any use beyond this — such as decompilation, reverse engineering, modification, reproduction beyond the intended use or offering it to third parties — is prohibited, unless mandatory statutory provisions (in particular §§ 69d, 69e UrhG) permit otherwise.

§ 5 User content

(1) Insofar as you post content (e.g. ratings, photos, comments) in the LKW.APP ("user content"), you grant Aparkado a free-of-charge, simple, transferable, sublicensable and worldwide right of use to store, publish, reproduce and display this content within the scope of the app and its promotion.

(2) You warrant that the content posted by you is free of third-party rights, does not infringe any personality, trademark or copyright rights and does not violate applicable law. Insulting, discriminatory, content harmful to minors or otherwise unlawful content is prohibited.

(3) Aparkado is entitled to review, shorten or remove user content insofar as there is justified reason to assume a legal violation.

§ 6 Prohibited uses

In particular, you undertake not to use the app in order to:

• carry out automated queries, scrape content or integrate the app with external systems beyond the intended user interface;
• manipulate the app, its servers or the data of third parties, circumvent security mechanisms or distribute malware;
• submit false ratings or submit or accept ratings against payment from others.

§ 7 Availability and changes

Aparkado endeavours to ensure the highest possible availability of the app, but does not owe uninterrupted accessibility. Maintenance, security or capacity requirements may necessitate temporary restrictions. Aparkado is entitled to further develop, adapt or discontinue functions of the app insofar as this is reasonable for you.

§ 8 Liability

(1) Aparkado is liable without limitation for intent and gross negligence, for damage resulting from injury to life, body or health, in accordance with the provisions of the Product Liability Act, and to the extent of a guarantee assumed by Aparkado.

(2) For slightly negligent breaches of essential contractual obligations (obligations whose fulfilment makes the proper performance of the contract possible in the first place and on whose compliance the contractual partner regularly relies and may rely), Aparkado is liable limited in amount to the contractually typical, foreseeable damage.

(3) Otherwise, liability for slight negligence is excluded. The parking space occupancy levels, opening hours and route information displayed in the app are provided with the greatest possible care; however, Aparkado cannot assume any warranty for their timeliness, completeness and accuracy.

§ 9 Term and termination

The usage contract is concluded for an indefinite period. Both parties may terminate the contract at any time without observing a notice period. Termination by you takes place by deleting the app and, if applicable, your user account. The right to terminate without notice for good cause remains unaffected.

§ 10 Data protection

Information on the processing of your personal data can be found in our Privacy Policy.

§ 11 Changes to the Terms of Use

Aparkado is entitled to amend these Terms of Use with effect for the future. You will be informed of changes in good time by email or via a corresponding notice in the app. If you do not object to the change within six weeks of receiving the information, it shall be deemed accepted; you will be separately notified of this consequence.

§ 12 Final provisions

(1) German law applies to the exclusion of the UN Convention on Contracts for the International Sale of Goods. With respect to consumers, this choice of law applies only insofar as the consumer is not deprived of the protection granted by mandatory provisions of the law of their country of residence.

(2) The exclusive place of jurisdiction for all disputes arising from this contract is Köln, provided that you are a merchant, a legal entity under public law or a special fund under public law.

(3) Should individual provisions of these Terms of Use be or become invalid, the validity of the remaining provisions shall remain unaffected.

Please direct any questions about these Terms of Use to info@aparkado.de.