§1 Rights of Continental, usage rights
The end-user license agreement for licensed applications provided for in the terms of use of the Mac App Store and the App Store applies to the use of the app, unless the following provisions stipulate otherwise.
The copyright for works published in this app and created by Continental itself, as well as their compilation in the app, remains solely with Continental and its subsidiaries. Any use, in particular duplication, distribution or provision of such texts, images, graphics, animations, videos, music, sounds and other materials in other electronic or printed publications (especially in other apps or websites) is not permitted, expressly permitted by Continental or its consent Subsidiaries are not permitted.
Continental is entitled to use the brands and logos (the “brands”) shown in the app. None of the information in this app is to be construed as granting a license to use these trademarks. The mere mention of the brands in the app does not mean that the brands are freely available to everyone. Express written consent from Continental is required for this. Unauthorized use of these marks is strictly prohibited.
Continental will enforce its intellectual property rights worldwide within the scope of the respective laws.
§2 Content and use of the app, liability
Continental Automotive GmbH provides the “Tachograph Driver App” smartphone application to you as a company. This app provides an overview of the legally required driving times and enables the operation of the tachograph. A valid driver card and a SmartLink device for communication with the tachograph are required for use. The app is not aimed at private individuals.
The Tachograph Driver App in offline mode enables drivers with a valid driver card to receive real-time information on the remaining driving times. The current recording of the tachograph is shown on the display. Furthermore, manual time entries (e.g. when boarding a ferry) can be made and saved in the tachograph.
The information provided in the app is non-binding and is provided free of charge for informational purposes only. It is up to the user to check the correctness of the legal basis and application before use.
The information provided in the app and any products and services made available can be changed or updated by Continental at any time without prior notice. The app does not contain any guarantees or information on properties for which Continental is liable, be it express or tacit. This also applies to the topicality, correctness, completeness and quality of the information provided, for which Continental assumes no liability. The user will not manipulate the app and will only use it as intended.
Claims of the user for damages that arise in connection with the use of the app and its content are excluded in view of the fact that the app is available free of charge. Excluded from this are claims for damages resulting from injury to life, limb, health and liability for other damages based on an intentional or negligent breach of duty by Continental, its legal representatives or vicarious agents. The provisions of the Product Liability Act remain unaffected.
Continental urgently recommends that you do not use electronic devices while driving. Continental assumes no responsibility for any damage resulting from accidents or for receiving fines.
§3 Data collection and data processing
The separate data protection provisions of Continental Automotive GmbH apply to the use of this app. The contents of the privacy rules can be viewed at any time under data data protection provisions. Continental Automotive GmbH reserves the right to change, adapt, delete parts of or add new parts to this data protection provision at its own discretion, but within the framework of the statutory provisions. We will inform you separately about any changes.
§4 Links to other websites
The app can contain connections ("links") to third party websites and provide additional services. These websites are completely independent and do not fall under responsibility or control of Continental. Continental therefore is not liable for the contents of these third party websites, which are accessed via the app. This also applies for the data privacy terms or the use of such websites. The provider of the website referred to via the app is solely liable for illegal, incorrect, or incomplete content and in particular for damage resulting from the use or non-use of information presented in this way.
§5 Authorization to use
The minimum age for using this app is 18 years. The user assures that he is older than 18 years and uses the app professionally (as an entrepreneur). If Continental learns that the usage requirements have not been met, Continental is entitled to prohibit the user from using the app.
§6 Availability of the app
This app is currently available in UK in the Apple App Store. Continental reserves the right to offer the app worldwide in the future, but this does not include Continental's intention to announce the availability of the app in a binding manner all over the world.
§7 Termination of Participation
Participation in our app ends if the user uninstalls the "Tachograph Driver App".
Continental is entitled to discontinue the Tachograph Driver App and the associated services at any time without giving reasons and after prior notice. If this is the case, the users are not entitled to a (renewed) provision of the Tachograph Driver App.
§8 Miscellaneous
The contract concluded between Continental and the user is subject to German law to the exclusion of the UN sales law.
The place of jurisdiction for all of the aforementioned disputes is Frankfurt. If the Continental contractual partner is domiciled or headquartered outside the European Union, all of the aforementioned disputes will be finally decided in accordance with the arbitration rules of the Frankfurt Chamber of Commerce to the exclusion of ordinary legal recourse.
Continental reserves the right to change or add to these terms of use at any time with future effect. An agreement to the changed terms of use is required in order to continue to use the Tachograph Driver App. Continental will inform the user about the change using a special function in the Tachograph Driver App. In the event of rejection, further use is not possible.
Should individual provisions of these terms of use prove to be wholly or partially ineffective, this shall not affect the validity of the rest of the contract. The statutory provisions take the place of the ineffective provision.
Providers
The provider of this app is:
Continental Automotive GmbH
Vahrenwalder Str. 9
30165 Hanover, Germany
Phone: +49 511 / 938-01
Telefax: +49 511 / 938-81770
Email: info@vdo.com
Managing directors: Cornelia Stiewing, Harald Stuhlmann
Commercial register: District court Hannover HRB 59424
VAT ID no.: DE814950663
Copyright © 2021 exclusive usage rights of Continental Automotive GmbH and subsidiaries