Terms of Use for the Aparkado App

Preamble

(A) Aparkado UG (hereinafter "Aparkado") has developed a smartphone application (hereinafter "Aparkado App") with which truck drivers (together "Users") can, via their smartphone, on demand or (if desired) in real time, among other things (i) receive suggestions for service areas and parking lots near them or near their next stop or their current location, (ii) receive an estimate of driving time and distance to the selected parking lot and the estimated route there, (iii) rate parking lots and service areas based on predefined criteria and view the ratings of other Users, (iv) view information about loading ramps and record it in the Aparkado App for other Users to rate, and (v) use partner offers and benefits along the route (together "Functionalities"). Some Functionalities can only be used by Users with a user account.

(B) The Aparkado App can be downloaded to a User's smartphone via various app stores. Downloading the Aparkado App and using the Functionalities is free of charge.

(C) By downloading the Aparkado App, Users agree to these terms of use for the use of the Aparkado App (hereinafter "Terms of Use"). The Terms of Use must be read carefully. They constitute a binding contract between the User and Aparkado.

§ 1 App Terms of Use

(1) These Terms of Use apply between the User and Aparkado when using the Aparkado App ("App Usage Agreement"). The App Usage Agreement is concluded by downloading the Aparkado App.

(2) In temporal terms, these terms apply as long as the App Usage Agreement exists. The App Usage Agreement is concluded for an indefinite period. It can be terminated by the User at any time by deleting the Aparkado App or — if a user account has been opened — by deleting the user account or by notifying Aparkado (e-mail is sufficient). Aparkado may likewise terminate the agreement at any time by notifying the User (e-mail is sufficient).

(3) Additional rules may apply to competitions and similar promotions in which Users can participate voluntarily. In this case, Aparkado will expressly refer to the additional terms.

§ 2 Services provided by Aparkado

(1) Aparkado generally provides the Aparkado App to the User free of charge for download and use. The Aparkado App requires an internet connection for some of its Functionalities. The User is responsible for this connection, as well as for the costs incurred for using the internet connection.

(2) Aparkado's services comprise information and services for Users that are available in the Aparkado App.

(3) Aparkado has the right to use subcontractors to provide its services.

(4) Aparkado cannot accept any liability for content written by other Users, and there is no proactive control of whether this content (in particular ratings and feedback on current occupancy) is true and accurate. Likewise, it cannot be guaranteed that the parking lots entered by Users in the Aparkado App are actually located at the entered location and are suitable and permitted for parking by the User. However, Aparkado will endeavour to check User entries on a spot-check basis, e.g. by evaluating satellite images and [•]. An on-site inspection of parking lots entered by Users expressly does not take place.

§ 3 Provision of the Aparkado App

(1) No user account is required to use the Aparkado App. Within the Aparkado App, however, some Functionalities are only offered to registered Users. For this purpose, after downloading and opening the Aparkado App for the first time, the User is asked whether they would like to create a user account. If so, they must go through a short registration process. As part of the registration process, the User must register by providing user data (user name and e-mail address) or register with their Facebook account or Google account data. Input errors can be corrected at any time via the correspondingly marked buttons. The User can (voluntarily) additionally add their real name, a profile picture and a cover picture to their profile.

(2) Every User must have full legal capacity.

(3) The User is expressly prohibited from passing on their access data for the user account to third parties.

§ 4 Rights to User content

For all texts entered in the Aparkado App, uploaded photographs and all other content protected by intellectual property rights (hereinafter together "protected User content"), the User grants Aparkado a free, simple, transferable, sublicensable and worldwide right of use in order to use the protected User content in the Aparkado App. This includes in particular the right to publish the content, to display it in the Aparkado App for other Users, to translate it and to create derivative works from it. This right of use is limited to the period during which the content is available in the Aparkado App and has not been deleted by the driver or Aparkado.

§ 5 Further development of the Aparkado App

(1) Aparkado continuously develops the Aparkado App with the aim of improving it (e.g. by providing new Functionalities). During the term of the App Usage Agreement, patches and updates to improve the Aparkado App may regularly be made available for download. Obtaining the patches and updates is generally free of charge for the User during the term of the agreement. If new Functionalities are introduced or existing Functionalities are significantly improved, Aparkado may make the User's access to these new Functionalities dependent on remuneration to be agreed in advance between the User and Aparkado.

(2) Aparkado is entitled to subsequently restrict the existing Functionalities of the Aparkado App if there is a valid reason for doing so and the User's interest in retaining the original scope of functions does not prevail. A valid reason exists in particular if

a) the change to the scope of functions establishes the compatibility of the Aparkado App with applicable law, in particular if the legal situation has changed;

b) the change is prompted by a court decision or an official order;

c) the change is necessary to close security gaps or risks to Aparkado's technical infrastructure; or

d) the change is of a purely technical nature and has no noticeable effects for the User.

(3) Noticeable changes to the scope of functions of the Aparkado App will be announced by Aparkado to the User with reasonable advance notice.

§ 6 Right of use

The User receives a simple, non-sublicensable and non-transferable right to use the Aparkado App within the scope of functions enabled for them, provided they comply with these Terms of Use. The User is not entitled to any further rights to the Aparkado App.

§ 7 Restrictions on use

(1) The Aparkado Code of Conduct must be observed when using the Aparkado App. It sets out rules for the fair and non-discriminatory use of the Aparkado App with regard to images uploaded by Users, ratings written and profile information. The Aparkado Code of Conduct can be viewed here.

(2) In addition, the following restrictions on use apply to the Aparkado App ("Restrictions on Use"):

a) each User may only create one account;

b) the Aparkado App or access to it may not be made available to third parties (in whatever form); in particular, it is prohibited to offer the Aparkado App to third parties or to make the Aparkado App accessible to them;

c) it is prohibited to reproduce the Aparkado App, to sell it, to make it available to third parties on a temporary basis (whether for payment or free of charge), to distribute, rent, lease or lend it or otherwise make it available;

d) it is prohibited to copy the Aparkado App and its parts, features, functions or user interfaces or to develop derivative works from them;

e) it is prohibited to deconstruct, observe, examine, test or otherwise disassemble the Aparkado App with the intention of obtaining knowledge of the source code or other source files (so-called "reverse engineering"), unless these actions are permitted by law;

f) it is prohibited to make changes or modifications to the Aparkado App;

g) except to the extent permitted by applicable law, it is prohibited to disassemble or decompile the Aparkado App;

h) it is prohibited to use the Aparkado App in an unlawful manner;

i) it is prohibited to write review posts that (i) violate applicable laws, (ii) are insulting, discriminatory or harassing, (iii) contain hate speech or rights of third parties (for which no right of use exists), (iv) contain personal data of other persons or make other persons identifiable in any other way, in particular through the publication of photographs, or (v) contain deliberately false facts or (vi) advertising.

j) Aparkado points out that the Aparkado App may not be operated by the User while driving (see in particular Section 23 (1a) of the German Road Traffic Regulations (StVO)).

Violations of the aforementioned Restrictions on Use constitute unauthorised use of the Aparkado App ("unauthorised use").

(3) In the event of unauthorised use that threatens the availability, security and/or integrity of the Aparkado App, Aparkado is entitled to temporarily deactivate the Aparkado App. In the event of all other unauthorised use, Aparkado is entitled to take appropriate measures to prevent further violations of the Restrictions on Use (e.g. depending on the severity of the violation: request to cease and desist, temporary deactivation of the User's access).

§ 8 Blocking of Users

Exercising reasonable discretion, Aparkado is entitled to restrict (e.g. in time and/or content) or completely block or delete individual content uploaded by Users in the Aparkado App, or the user account as such, in the event of a violation by the User of the Restrictions on Use (§ 7) or a suspicion of unauthorised use based on actual indications. When assessing a violation and selecting the measures to be taken, Aparkado takes into account the rights, legal interests and interests of the User concerned. Aparkado will inform the User without delay of any measure taken in accordance with sentence 1.

§ 9 References to other services/third-party websites

Insofar as the Aparkado App refers to other services or the websites of third parties ("Third-Party Providers") or forwards the User there, Aparkado has no influence on the scope of services provided and/or to be provided there and is not a party to the contract concluded between the User and the Third-Party Provider, which is why no liability can be assumed in this respect. Use of the content made available by third parties is at the User's own risk.

§ 10 Data protection

Aparkado undertakes to comply with the applicable data protection provisions. Aparkado's privacy notices can be viewed here.

§ 11 Amendments to the agreement

(1) Aparkado is entitled to amend these user terms subsequently, provided that the amendments do not seriously impair the contractual structure. Aparkado will inform the User of the amendment by e-mail. If the User does not object to the amendment within a period of six (6) weeks after the information, the amendments are deemed to have been accepted. Aparkado will inform the User of the intended significance of remaining silent regarding the notice of amendment. In particular, Aparkado is entitled to amend the agreement if the amendment is necessary in order to

a) establish the compatibility of the agreement with applicable law, in particular if the legal situation has changed,

b) implement a court decision or an official order.

(2) If the User objects to an amendment vis-à-vis Aparkado (e-mail is sufficient) before expiry of the period specified in paragraph (1) (receipt by Aparkado), both the User and Aparkado are entitled to an extraordinary right of termination.

§ 12 Liability and warranty for product defects

(1) Aparkado's no-fault liability for damages (Section 536a of the German Civil Code (BGB)) for defects of a tenancy-law nature existing at the time of conclusion of the agreement is excluded.

(2) Aparkado is liable without limitation in accordance with the statutory provisions for injury to life, limb and health, in the event of intent or gross negligence, for guarantees assumed and in accordance with the provisions of the German Product Liability Act.

(3) In the event of a slightly negligent breach of an obligation that is essential for the fulfilment of the agreement, the breach of which would therefore jeopardise the purpose of the agreement (cardinal obligation), Aparkado's liability is limited in amount to the damage that is foreseeable and typical for the type of business in question.

(4) Aparkado is not liable except in the cases specified in paragraphs (1) to (3). The above provisions also apply in favour of Aparkado's vicarious agents.

(5) The limitation period for all claims governed by this clause is twelve (12) months, beginning at the time at which the respective claim arose.

(6) For the Aparkado App, the statutory warranty rights for digital products pursuant to Sections 327 et seq. of the German Civil Code (BGB) apply to consumer contracts.

(7) The information in the Aparkado App on routing (in particular distance and driving time to the parking or rest areas selected by the User) and the display of the approximate route are based exclusively on estimates and expressly constitute neither binding data nor a navigation service. They are merely intended to give the User a rough estimate in order to be able to plan the journey. Aparkado cannot guarantee either the stated driving time or the distance. Likewise, it cannot be guaranteed that the User will comply with their driving times by using the Aparkado App.

§ 13 Prohibition of set-off

Unless expressly provided otherwise in this agreement, neither the User nor Aparkado is entitled to (i) set off their claims against claims of the other party under this agreement or (ii) refuse to perform an obligation under this agreement by asserting a right of retention, unless the rights or claims on which a right of set-off or retention is asserted are undisputed or have been finally determined by a court.

§ 14 Written form clause

Amendments and supplements to this agreement must be made in writing to be effective.

§ 15 Place of jurisdiction and applicable law

These user terms and their interpretation are subject to German substantive law. If the User is an entrepreneur (Section 14 of the German Civil Code (BGB)), the place of jurisdiction for all disputes arising from and in connection with this agreement, including its validity, is Cologne. The application of the UN Convention on Contracts for the International Sale of Goods (CISG) is excluded.

§ 16 Severability clause

Should individual provisions of this agreement be or become wholly or partially void or invalid, this shall not affect the validity of the remaining provisions. Statutory law takes the place of user terms that have not been included or are invalid (Section 306 (2) of the German Civil Code (BGB)). In all other respects, the User and Aparkado will replace the void or invalid provision with an effective provision that comes as close as possible to it economically, unless supplementary interpretation of the agreement takes precedence or is possible.