LICENSED APPLICATION END USER LICENSE AGREEMENT

Commute Greener Terms and Conditions

1. Introduction

(a)  Commute Greener allows a user to benefit from services in the licensed application that includes:

  • Set your Target - Get a way to engage for sustainable development in everyday travels and determine how to achieve results
  • See progress - Use a tracker functionality to monitor individual progress against personal CO2 reduction targets and commuting information (such as: locations, time and modes of transportation)
  • Share experiences - Connect and share information with other users with functionality for status message and contacts (such as: friends, family and colleagues).

(b)  Commute Greener may be used through users' mobile phones, or via the Commute Greener website.

(c)  The following sets out the terms and conditions between each registered Commute Greener user (you), and Pocketweb GmbH  (us, or we). By becoming a registered user of Commute Greener, you accept and agree to be bound by these terms and conditions.

(d)  A user has the powers as an individual to complete and comply with registration and access in order to follow the Commute Greener terms and conditions.

(e)  Safety must always be in focus. Never use Commute Greener in a traffic situation with risk for danger!

2. Availability

(a)  Commute Greener is available for mobile phone handset models set out as described on www.CommuteGreener.com

(b)  Commute Greener may work on the following mobile phone handset models set out at www.CommuteGreener.com; however, functionality may be limited on specific models depending on operator and country specific conditions.

(c)  If you are using the services via a computer, you must have a computer with appropriate internet access and web browser.

(d)  Commute Greener may be used only by users aged 16 or over.

3. Registration and Inviting Contacts

(a)  Commute Greener is available through online application access. Once purchase is completed, for example via the iPhone App store the software is downloaded to the registred cell phone. At this time, you will also be given the ability to log-in to the software through the Commute Greener website.

(b)  You can invite a person, such as: friends, family and colleagues to you Commute Greener Contacts. That person will be added to your Contacts by registering with Commute Greener and accepting the invitation.

(c)  You warrant that the information you provide to Commute Greener upon registration is true, accurate, current and complete, and will ensure that all your information on Commute Greener is and will remain at all times true, accurate, current and complete.

(d)  When you register, you will be asked to provide a password. You are responsible for all activities that occur under your password. You must keep your password strictly confidential at all times and notify us immediately of any unauthorised use of your password or if you believe that your password is no longer confidential. We may suspend your account and/or require you to alter your password if we believe for any reason that your password is no longer secure.

4. Accuracy

(a)  To enhance your individual user experience you can, depending on your mobile phone, user tracker functions which use location based services. Locations and tracker features can be determined by GPS (Global Positioning System) or AGPS (Assisted Global Positioning System). The accuracy of location of information will vary, and can depend on factors such as handset capability, density, weather and geographical location. Generally, accuracy can vary between 8 to 5000m. Commute Greener cannot guarantee the accuracy or completeness of location information.

(b)  Finding the approximate location by using GPS or AGPS can take around 30 seconds, up to a minute or more.

5. Privacy and security

(a)  Your personal information, security, privacy and integrity are important. At the same time Commute Greener steps up to facilitate a community movement for an important cause and it is possible for users to contribute also by sharing experiences. Further information on data protection is outlined in accordance with the Privacy Policy, which is available at www.CommuteGreener.com.

(b) You can control how much of your personal and individual information another user can access. In addition you can prevent a user from accessing any of your personal information. You can decline invitations to connect to Contacts.

(c)  By registering on Commute Greener, you agree to allow us to collect your personal information submitted by you, including data relating to calculated CO2 emissions, time stamps and entered locations as well as to provide this information to your Contacts.

(d)  Consent to Use of Data: You agree that we may collect and use technical data and related information, including but not limited to, technical information about Your device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to You (if any) related to the Licensed Application. We may use this information, as long as it is in a form that does not personally identify You, to improve its products or to provide services or technologies to You. You allow us to register, process and transfer, between our countries of operation, any information about you deemed necessary in order for us to run Commute Greener services.

6. Your obligations

(a)  You must not:

  • endanger safety and use Commute Greener in any traffic situation where your attention is needed to manage the traffic situation.
  • use Commute Greener for any illegal purpose, or in breach of any law including (without limitation) laws in relation to intellectual property and other proprietary rights, and data protection and privacy.
  • use Commute Greener, including any location related information obtained through Commute Greener to stalk, harass, abuse, defame, threaten or defraud other users.
  • include or upload offensive or pornographic materials on your personal profile.
  • make unsolicited offers, advertisements, proposals, or send junk/spam mail, to other users.
  • intentionally interfere with or damage the operation of Commute Greener or any user's enjoyment of it, by any means, including uploading or otherwise disseminating viruses, worms, or other malicious code.
  • post, store, send, transmit, or disseminate any information or material which is misleading or deceptive or likely to mislead or deceive, or which a reasonable person could regard as harassing, objectionable, offensive, embarrassing, indecent, pornographic, vulgar, distressing, threatening, libellous, hateful, racially or ethnically offensive, or otherwise inappropriate.
  • post, store, send, transmit, or disseminate any information or material which infringes any intellectual property rights, including patents, trade marks, trade secrets, or copyright.
  • use Commute Greener with any products, systems, or applications installed or otherwise connected to or in communication with vehicles, or otherwise capable of vehicle navigation, positioning, dispatch, real time route guidance, fleet management, or similar applications; or
  • use Commute Greener in connection with hazardous environments requiring fail-safe performance or any application in which the failure or inaccuracy of that application could lead to death, personal injury, or severe physical or property damage.
  • attempt to gain unauthorized access to Commute Greener, or any part of it, other accounts, computer systems or networks connected to Commute Greener, or any part of it, through hacking, password mining or any other means or interfere or attempt to interfere with the proper working of Commute Greener or any activities conducted on Commute Greener.
  • use any robot, spider, scraper or other automated means to access Commute Greener for any purpose without our express written permission.
  • bypass measures we may use to prevent or restrict access to Commute Greener or modify Commute Greener in any manner or form
  • use modified versions of Commute Greener, including (without limitation) for the purpose of obtaining unauthorized access to Commute Greener; or
  • sell or transfer or allow another person to access your account password, profile, or Commute Greener account (including, without limitation, by allowing the person access to your handset or computer while you are logged into Commute Greener).

(b)  If your employer or any other organisation is paying the license fee or any other charges on your behalf, you are hereby informed about that your employer or the organisation is fully liable for its processing of any data you supply to them.

7. License and intellectual property

(a)  We grant you the right to use the Commute Greener application for personal usage in accordance with Commute Greener services (1a). Charges, Licence fees and term for this license are described in 11.

(b)  You may not:

  • modify, disassemble, decompile or reverse engineer the Commute Greener software.
  • rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Commute Greener software to any third party or use the Commute Greener software to provide time sharing or similar services for any third party.
  • use Commute Greener for any non-personal and/or commercial purposes.
  • make any copies of the Commute Greener software or assemble infinging software.
  • remove, circumvent, disable, damage or otherwise interfere with security-related features of the Commute Greener Software, features that prevent or restrict use or copying of any content accessible through the Commute Greener software, or features that enforce limitations on use of the Commute Greener software.
  • delete the copyright and other proprietary rights notices on the Commute Greener software.
  • use Commute Greener beyond your approved times, terms and conditions of usage.

(c) To use Commute Greener you may have to:

  • download and install new releases of the Commute Greener software onto your handset, and agree to the then-current Terms and Conditions (which may require payment of fees); or
  • accept alterations to Terms and Conditions (which may require payment of fees or unless accepting these termination of services) to use Commute Greener on the Commute Greener web site.

(d)  Pocketweb GmbH owns or is licensed to use the intellectual property in and to the Commute Greener application, including all content, visual interfaces, information, graphics, design, compilation, computer code, products, and software. Nothing in these terms and conditions affects the ownership rights in this intellectual property.

(e)  All trademarks displayed on Commute Greener are owned by Pocketweb GmbH, its related bodies corporate or third-party licensors.

(f)  Except as expressly permitted by us, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make use of Commute Greener or any part of Commute Greener! except as permitted in these terms and conditions.

(g) Commute Greener welcome interaction, dialogue and collaboration that contributes to gain sharing and deliver positive climate change. Take contact via: contactus@commutegreener.com

8. Limitations

(a)  The speed at which information can be exchanged (including location information) through Commute Greener is subject to network availability and handset capabilities.

(b) Commute Greener should not be relied on in emergency situations, and is not a substitute for proper adult supervision of children or other vulnerable people such as sick or elderly people.

(c) You should not accept an invitation from someone unless you know the person and feel comfortable with them knowing your entered data for CO2 emission calculations, location and time stamps.

(d) Commute Greener! gives no representation, warranty or guarantees as to the accuracy of the data and, without limitation of any other provision herein, we will not be liable in the event data has not been uploaded and stored due to any human or technical failure. This includes, but is not limited to: improper use or possible defects in or of the application, you neglecting to keep passwords and user information secure, failures by third party service providers (such as: GSM data operator or a monitoring service provider for which Commute Greener can not make any warranty or representation in respect thereof).

(e) This version of Commute Greener provide you with a software without making any warranties or representations, including, to the extent permitted by law, any implied warranty or representation in relation to the merchantability or fitness for purpose. Support services are offered by us for this on a reasonable-effort basis.

(f) WARRANTY: YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE LICENSED APPLICATION IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED APPLICATION AND ANY SERVICES PERFORMED OR PROVIDED BY THE LICENSED APPLICATION ("SERVICES") ARE PROVIDED "AS IS" AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND APPLICATION PROVIDER HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE LICENSED APPLICATION AND ANY SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. APPLICATION PROVIDER DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE LICENSED APPLICATION, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE LICENSED APPLICATION WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE LICENSED APPLICATION OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE LICENSED APPLICATION OR SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY APPLICATION PROVIDER OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE LICENSED APPLICATION OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU. WE TRY TO KEEP COMMUTE GREENER, BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. WE DO NOT GUARANTEE THAT COMMUTE GREENER WILL BE SAFE OR SECURE.

(f) Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL APPLICATION PROVIDER BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE LICENSED APPLICATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF APPLICATION PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT SHALL OUR AGGREGATE LIABILITY ARISING OUT OF THIS STATEMENT OR COMMUTE GREENER EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE REMEDY FAILS ITS ESSENTIAL PURPOSE. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, APPLICATION PROVIDER'S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW

(g) You may not use or otherwise export or re-export the Licensed Application except as authorized by German law and the laws of the jurisdiction in which the Licensed Application was obtained. In particular, but without limitation, the Licensed Application may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the Licensed Application, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by German law, including, without limitation, the development, design, manufacture or production of nuclear, missiles, or chemical or biological weapons.

(h) Special admonitions for international use include recognising the global nature of the internet. Consequently, you agree to comply with local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the country in which you reside.

(i) Force Majeure. Commute Greener can not be made liable for any failure to comply with its obligations under these Terms and Conditions, to the extent that such failure is due to any circumstances beyond its reasonable control including but not limited to industrial action, strike, walkout, inability to obtain supplies, accident, war, rebellion, civil commotion, fire, explosion, earthquake, act of god or any other cause or contingency whatsoever beyond its reasonable control.

9. User-generated content

(a) Commute Greener enables you to upload content and materials on the Commute Greener! web site, including (without limitation) photographs, location and other information (User Content). You are responsible for your own User Content and the consequences of posting or publishing them.

(b) You warrant and represent that you own, or have the necessary licenses, rights, consents, and permissions to use, and authorise us to use, all intellectual property rights in and to all your User Content.

(c) You have premission to control data related to your account with Commute Greener services, such as modes of transports and social community interactions. You grant us a worldwide, non-exclusive, royalty-free, irrevocable, perpetual, and transferable license (with a right to sublicense) to use, reproduce, modify, adapt, publish, and otherwise exploit, for the purpose of developing Commute Greener! or any other services provided by us, all User Content. We will not give your personal entered data to other 3rd party service providers and your personal privacy shall remain protected.

(d) You acknowledge that we are not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to User Content from other users. We assume no responsibility whatsoever in connection with or arising from any User Content, and will not be liable for any User Content that is inaccurate, offensive, indecent or objectionable.

(e) We reserve the right to edit your User Content if we in our discretion consider it to be in breach of these Terms and Conditions.

(f) You understand that by using any of the Services, You may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language, and that the results of any search or entering of a particular URL may automatically and unintentionally generate links or references to objectionable material. Nevertheless, You agree to use the Services at Your sole risk and that we shall not have any liability to You for content that may be found to be offensive, indecent, or objectionable.

10. Third party web sites and materials

(a)  Commute Greener may include links to other web sites or services (including social network web sites) solely as a convenience to users. Commute Greener does not endorse any such linked sites or the information, material, products or services contained on other linked sites or accessible through other linked sites. We do not make any express or implied warranties with regard to the information, material, products or services that are contained on or accessible through linked sites. Access and use of linked sites, including information, material, products and services on linked sites or available through linked sites is solely at your own risk and subject to those sites’ terms of use.

(b) If your settings permit, Commute Greener may collect and present on your Commute Greener interface information and content uploaded by you on other web sites (including social networking web sites). You are responsible for all such information and content, and must ensure that all such information and content complies with these terms and conditions.

(c) Your correspondence or business dealings with, or participation in promotions of, any advertiser found on or through Commute Greener are solely between you and the advertiser. You agree that we will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on Commute Greener.

11. Charges and usage fees

Commute Greener has the objective to be free for private usage and strive to enable sustainable development. Pocketweb GmbH or authorised parties (such as App store for iPhone) are, however, allowed to charge you if would become needed for using the Commute Greener. In case of this you would be informed in advance and then decide if you want to continue to use the service.

If your employer or any other organisation is paying the license fee or any other charges on your behalf the term of this license is decided by them.

Your network provider or Internet Service Provider may charge you for the data downloaded or uploaded.

12. Termination

(a) You can cancel your Commute Greener registration by emailing contactus@commutegreener.com. If you cancel your Commute Greener registration, we will delete your list of Contacts and cancel your account. Note: the timing of deletion and cancellation can depend on a number of technical factors.

(b) Pocketweb GmbH may temporarily suspend your service, or terminate your registration to Commute Greener, if it considers (in its discretion):

  • you to be in breach these terms and conditions
  • you are abusing the services, including (without limitation), where you excessively use of any of the Commute Greener services and such use affects or is likely to affect performance of the Commute Greener services, or where you seek location information on one or more individuals unreasonably frequently.

(c) The license is effective until terminated by You or Commute Greener. Your rights under this license will terminate automatically without notice from Commute Greener if You fail to comply with any term(s) of this license. Upon termination of the license, You shall cease all use of the Licensed Application, and destroy all copies, full or partial, of the Licensed Application.

13. Amendments to Terms and Conditions

We may amend these terms and conditions from time to time without notice to you. You agree that these amendments will be binding between us and you shall in such case automatically be effective the day after they are initially posted on the Commute Greener website. The Terms and Conditions (including, but not limited to changes in the Privacy Policy, Legal Notice, and relevant community sources such as Frequently Asked Questions) set forth the entire understanding and agreement of the parties regarding the subject matter hereof, and replaces and supersedes all prior agreements or representations oral or written regarding its subject matter.

14. Governing law

The formation, existence, construction, performance, validity and all aspects whatsoever of the Terms and Conditions or of any term of the Terms and Conditions will be governed by German law. You and we irrevocably and unconditionally submit to the non exclusive jurisdiction of the courts exercising jurisdiction in Berlin, Germany and any courts which have jurisdiction to hear appeals from any of those courts and waives any right to object to any proceedings being brought in those courts.