1. Important Instructions

1.1 These Terms of Use (“Terms of Use”) govern the use of the PACE Drive App („PACE Drive App“).

1.2 The PACE Drive App is provided by PACE Mobility GmbH, with head offices in Karlsruhe, registered in the Commercial Register of the District Court of Mannheim under number HRB 722293 (“PACE”).

1.3 PACE offers a service which enables you (“PACE User”) to use the PACE Drive App to obtain selected data, in particular price data and petrol station data, and possibly further information from the PACE Cloud (“PACE Services”).

1.4 You can download the PACE Drive App free of charge from the Apple App Store or Google Play Store. To take advantage of all the features offered by PACE, a user account must be set up at PACE.

1.5 To use all the functionality of the PACE Drive App, you need a web-enabled smartphone. You are responsible for acquiring an internet connection on your smartphone.

1.6 Use of the PACE Drive App is subject to these Terms of Use, as well as subject to the regulations, guidelines and conditions of the respective operator or provider of the PACE Drive App store from which you download this PACE Drive App. These Terms of Use cover in particular the granting of a free license to use the PACE Drive App under the terms contained in these Terms of Use and liability limitations.

1.7 When purchasing goods and/or services via Connected Fueling, the contract is usually concluded with PACE. If a contract is not concluded with PACE, but with a partner of PACE (PACE partner) (e.g. an oil company), we will inform you in advance. Deliveries and services to you are by PACE in its own name and for its own account (“direct delivery”). PACE and you agree that a contract is concluded between us each time you purchase the goods from a third party and/or obtain the service from a third party if you purchase goods or services related to the operation of a motor vehicle and covered by the range of services offered by PACE from an acceptance point and pay with PACE Pay. At the same time, the contract between PACE and the acceptance point for the purchase of the goods and services by PACE services by PACE, provided that PACE has agreed this with the acceptance point. In this case, the acceptance point is not authorized to agree on extensions of the legal scope of services or deviations from these GTC with effect for PACE and at its expense.

1.8 Each transaction carried out via Connected Fueling is limited to a maximum of EUR 250 incl. VAT per transaction.

1.9 We reserve the right to limit transaction limits (number of transactions and amount of transactions, also in total per period depending on the means of payment) in order to prevent abuse and fraud.

1.10. The use of Connected Fueling is currently available in Germany, Austria, the Netherlands, Belgium, Luxembourg, Italy, France, Norway, Denmark, Poland, Spain, Hungary, the Czech Republic and Romania.

1.11 By clicking the “Accept” button, you declare that you agree with these Terms of Use. You also declare that the Terms of Use are binding for you. Therefore, read these Terms of Use carefully and in their entirety.

1.12 PACE expressly points out that the rules and regulations governing road traffic should always be observed, in particular the Road Traffic Act (StVG) and the Road Traffic Regulations (StVO), and that compliance with these is your responsibility. PACE assumes no liability for any damages or consequences which result from the use of the PACE Drive App while failing to observe road traffic regulations or other relevant laws and regulations.

2. Requirements for use, mobile charges

2.1 Your smartphone must meet certain system requirements in order to use the PACE Drive App. For detailed information, visit the Google Play Store for Android smartphones or the Apple App Store for iPhones.

2.2 Use of the PACE Drive App and PACE software requires an existing internet or mobile connection. You are responsible for acquiring this connection, as well as for any associated costs which are incurred. PACE assumes no responsibility for the availability of internet connections, mobile networks and other network connections provided by third party suppliers. Furthermore, PACE assumes no responsibility for the operation and functioning of end devices employed by you to use the PACE Drive App, in particular smartphones and tablets.

3. Scope of Use

3.1 These Terms of Use govern your use of the PACE Drive App, including all updates of the PACE Drive App. Depending on the type and extent of the update, this may result in limitations on the use of the PACE Drive App and the availability of services.

3.2 In certain instances, and if we inform you thereof and you express your agreement thereto, these Terms of Use may be supplemented, modified or replaced by additional conditions. PACE may provide information regarding new Terms of Use when logging on to the PACE website or starting the PACE Drive App. The new terms may appear to you on the screen, and continued use of the PACE Drive App may depend on acceptance of the new terms and conditions.

3.3 Consumer protection legislation shall not apply if you use the PACE Drive App in your capacity as a company, or on behalf of a company, i.e. when exercising a commercial or independent professional activity, or if you act on behalf of a public entity.

3.4 In the event that you use the PACE Drive App on behalf of a company or public entities, you agree that the company or entity is represented by you and that they must accept accountability for your knowledge and actions.

4. Login, Registration, Password

4.1 Use of the PACE Drive App does not require a registration (checkout as guest). However, this does not then include the complete range of functions of the PACE Drive App.

4.2 Full use of the PACE Drive App requires login and registration. Creating a user account is done in the PACE Drive App.

4.3 You warrant that all data provided by you during the login process and registration is true and complete. You are obliged to keep data true and complete where used by you in the PACE Drive App or in applications based on PACE software. You warrant that you are of legal age. In the event that you work for a legal person or (partial) legal partnership, you warrant that you are sufficiently empowered to use the PACE Drive App and PACE software and their applications and services.

4.4 Since PACE cannot technically determine with certainty the identity of users who have registered via the PACE Drive App or the PACE website for the PACE Drive App and PACE software, PACE does not warrant that the registered user is the individual who actually signed up.

5. Services and License Grant

5.1 PACE makes the PACE Drive App available to you for use free of charge, as further detailed in these Terms of Use.

5.2 By accepting these Terms of Use, PACE grants you – subject to the Data Privacy Policy – a free, non-transferable, non-exclusive license to use the PACE Drive App and PACE software.

5.3 PACE reserves all rights to the PACE software and PACE Drive App.

5.4 Due to the nature of the internet, mobile phone networks and computer systems, PACE does not warrant the uninterrupted availability of the PACE Drive App and PACE software.

6. Intellectual Property Rights

6.1 You are solely entitled to use the PACE Drive App and PACE software in accordance with these Terms of Use.

6.2 Beyond the rights of use and other rights expressly granted to you in these Terms of Use, you are not entitled to rights of any kind, in particular to the company name, logo, trade names, know-how and industrial property rights such as patents, trademarks, utility models, copyrights (in particular including text, graphics, software, code, scripts, designs, sounds, music, animations, videos or applications) or similar rights. PACE is not obliged to accord you such rights.

6.3 You acknowledge that all rights to the PACE Drive App and PACE software worldwide belong to and are entitled to by us or our licensors, and that the rights to the PACE Drive App and PACE software are accorded to you only as part of the rights granted in these Terms of Use, and that they will not be sold.

6.4 You assign to PACE a free, unlimited, transferable, non-exclusive right of use for the below purposes, in particular for the reproduction, distribution and processing of all material and information that you make available as part of and in connection with the use of PACE services.

6.5 Content and information within the meaning of Section 6.4 is, in particular, intended to improve services, be used for statistical purposes, and is used for market research purposes.

6.6 PACE may also use the content and information within the meaning of Section 6.4 for its own appropriate marketing of PACE to the extent that your legitimate interests are not hereby unreasonably impaired.

6.7 The usage rights granted to us under Section 6.4 shall expire with future effect if you delete your account at PACE. This shall not affect the anonymous use of content and information which establishes no connection to personal identity. We assume no responsibility for the use of content and information by third parties which takes place without our consent. We will protect contents and information from third parties to the extent technically viable.

6.8 You hereby agree that you will be shown advertisements when using the app. These advertisements (also called offers) are uploaded by partner companies in our PACE Drive app. With the consent of these Terms of Use, you may be displayed advertisements according to §7 Abs. 2 Nr. 2 UWG.

7. Data Privacy and Use

7.1 Unless otherwise specified in these Terms of Use, you are allowed to make copies of the PACE software and/or content insofar as this is required for the purpose of data protection, operational reliability or normal use of the PACE Drive App and is technically possible and is offered by PACE. PACE does not warrant or guarantee that this is technically possible.

7.2 Subject to Section 7.1, without express prior permission from PACE, you are not allowed to:

7.2.1. copy the PACE software

7.2.2. rent, sell, lease or lend the PACE software, or make the software available to or sub-contract it to third parties, or transfer or grant sublicenses to it

7.2.3. modify the PACE software, change, or merge it with other software (including other software from PACE), combine or incorporate it into other software

7.2.4. disassemble the PACE software, reverse engineer it, create derivatives of it and/or use individual components of the PACE software within the meaning of Sections 7.2.1 to 7.2.3

8. Your Obligations

8.1 By accepting these Terms of Use, you agree, without prejudice to mandatory statutory and other provisions in these Terms of Use, to comply with all relevant technological controls, regulations and export control laws which relate to the technology in the PACE Drive App and PACE software or the technology that is used or supported by the PACE Drive App or PACE software.

8.2 Unless directly granted under these Terms of Use, you may not use the PACE Drive App and/or PACE software in a manner which infringes on our intellectual property rights or the intellectual property rights of third parties.

8.3 You may not use the PACE Drive App and/or PACE software in any manner which

8.3.1. could damage, disable or compromise PACE’s systems or the security of PACE’s systems;

8.3.2. could interfere with or impair use by other users, or users of the PACE Drive App, or our other services.

8.4 Without prejudice to the regulations in Section 7.1, you must comply with all applicable national and international (re-) export control law when conveying to third parties the information provided by PACE, the PACE software and other software and documentation made available by PACE. In all instances of such conveyance, you must observe the (re-) export control regulations of the Federal Republic of Germany, the European Union and the United States of America.

8.5 Prior to undertaking such conveyance, you shall in particular verify and ensure by suitable measures that,

8.5.1. as a result of such conveyance by you to a third party or the provision of other economic resources in connection with information software and documentation provided by PACE, you are not in violation of any applicable embargo, in particular of the European Union and/or the United Nations

8.5.2. the information, software and documentation provided by PACE is not intended for a use which is prohibited or which is subject to authorization with respect to armaments, e.g. is nuclear or weapons-related.

8.6 You hold PACE entirely harmless from all claims asserted by authorities or other third parties against PACE as a result of your non-observance of the above export control statutory obligations, and undertake to reimburse PACE for all damages and expenses arising in this context, unless you are not responsible for said breach of duty. This does not constitute a reversal of the burden of proof.

9. Termination of Your Access

In the event that you violate these Terms of Use, PACE expressly reserves the right to terminate your access to the PACE Drive App.

10. Liability

10.1 PACE makes no warranty with respect to the quality of the PACE Drive App or PACE software, and in particular makes no warranty regarding the functionality, operability, availability, usability or other guarantees with respect to the PACE Drive App and PACE software. PACE assumes no liability for the accuracy and currentness of the data and information transmitted via the PACE Drive App or PACE Software. Furthermore, PACE is not liable for the consequences of faults, interruptions and functional impairments of the PACE Drive App or PACE Software.

10.2 The PACE Drive App and PACE software are conceived and developed for private use. Resale is expressly prohibited. Consequently, PACE is not liable for lost profits, loss of business or business opportunities, business interruption or loss of business activity.

10.3 The PACE Drive App and/or PACE do not give any guarantees for the correctness of the fuel prices shown in the app at the respective petrol stations. In any case, the prices displayed or billed on site at the respective petrol station apply.

10.4 PACE assumes unlimited liability for damages resulting from injury to life, limb or health that are based on a breach of obligations by PACE, a legal representative or vicarious agent of PACE; as well as for damages caused by the lack of a feature guaranteed by PACE. In addition, PACE shall be liable in the case of fraudulent behaviour, in particular in the case of the fraudulent concealment of defects. Furthermore, PACE shall be liable in cases of intentional or grossly negligent conduct by PACE or by a representative or vicarious agent of PACE, or in the event of intentional damage or damage resulting from gross negligence.

10.5 In the event of breach of material contractual obligations, PACE shall be liable for slight negligence in an amount limited to the typical contractually anticipated (foreseeable) damage. Liability under Section 10.3 shall not be limited hereby. Material contractual obligations are those which enable the performance of the contract in the first place and on whose observance one may rely.

10.6 Liability under the Product Liability Act remains unaffected.

10.7 Other liability of PACE is excluded.

11. Data Privacy

11.1 PACE will constantly strive to ensure the optimal security of its own systems to the extent technically and economically feasible. PACE points out that internet connections and mobile connections are never 100% safe and secure.

11.2 To ensure the proper use of the PACE Drive App and PACE software, it is necessary for PACE to collect and analyse data from you. In particular, the optimal and contractually agreed operation of the PACE Drive App and PACE software can only be achieved as a registered user. Consequently, PACE expressly notifies you that PACE collects, processes and uses your personal data within the scope of the statutory provisions when using the PACE Drive App. The manner in which personal data is collected, processed and used is described in our Data Privacy Policy.

11.3 Where the PACE Drive App contains links to other third-party websites not affiliated with PACE, the content of these third-party websites is not subject to control by PACE. PACE assumes no responsibility for the contents of third-party websites or their data privacy policy. It is your responsibility whether and to what extent you access third-party websites and services.

11.4 It is your responsibility to connect the PACE Link solely to a vehicle which belongs to you and/or solely with the consent of the person entitled to a vehicle. With respect to people who use the vehicle equipped by you with the PACE Link, you are responsible for (i) informing them that the PACE Link collects and transfers data which will be available on the PACE Drive App or PACE software, and (ii) obtaining their consent thereto.

12. Consent

I revocably agree that PACE may send me individually tailored offers addressed to me within the scope of PACE Services, such as offers and information about my car specially negotiated for PACE users, as notifications to my mobile phone via the PACE Drive App or by e-mail, and that PACE may use the personal data provided by me during registration for PACE services or collected and processed by PACE via the PACE Drive App. I can revoke my consent to PACE at any time and without giving reasons with effect for the future via the PACE Drive App. In these cases, the PACE service can no longer be used.

13. Final Provisions

13.1 Ancillary agreements must be made in writing.

13.2 If you are a merchant within the meaning of the Commercial Code, or if you maintain your residence outside the Federal Republic of Germany, exclusive and international venue shall be Karlsruhe, subject to the exclusive jurisdictions as per the EuGVVO.

13.3 The PACE Drive App is operated and administered by PACE. The PACE Drive App complies with the requirements of the country in which PACE has its head office. PACE accepts no responsibility for information, software and/or PACE Drive App documentation which may be accessed, used or downloaded outside the country in question. If you access the PACE Drive App from outside the country in question, you are solely responsible for compliance with all applicable local laws. Access to information, software and/or documentation on the PACE Drive App from countries where such access is unlawful is prohibited.

13.4 German law shall exclusively apply, to the exclusion of the UN CISG.