Legal section

End User Terms & Conditions

GPS Navigation

Please read these terms and conditions of use ("Terms of Use") carefully before you launch GPS Navigation, GPS Navigation & Maps or Forevermap (collectively, the "skobbler Services") on your wireless device. Your use of the skobbler Services indicates that you accept these terms and conditions. If you do not accept these terms and conditions, do not launch or otherwise use the skobbler Services.

INTRODUCTION

These Terms of Use represent the agreement ("Agreement") between you and skobbler GmbH ("skobbler") with respect to the skobbler Services. All references herein to "you" and "your" means you, your employees, agents, and contractors, and any other entity on whose behalf you accept these terms and conditions, all of whom shall also be bound by this Agreement.

THE SKOBBLER SERVICES

The skobbler Services allows you to obtain via your wireless device GPS-assisted navigation instructions to destinations throughout the world, depending on your cellular carrier. Use of the skobbler Services requires payment of a monthly fee, which includes download to your wireless device of the GPS Navigation software and any upgrades, modifications, or additions thereto (collectively, "skobbler Software"), but does not include any hardware that may be required for certain wireless devices (such as a standalone GPS receiver). A complete description of the skobbler Services is available at the Products link on skobbler’s website, located at http://www.skobbler.com/apps/navigation

.

The skobbler Services is for your internal business and personal use and is not for resale or other transfer or disposition to any other person or entity.

YOUR LOCATION AND ROUTE INFORMATION

For skobbler to provide the skobbler Services, skobbler must record your route information, including your point of origin, the address of your destination, the starting time of your trip, and the route you are instructed to follow, and must periodically receive your GPS location from the GPS hardware associated with your wireless device.

In using the skobbler Services, you allow skobbler to access your GPS hardware and otherwise obtain this location and route information, and to record,compile and display such information internally. Such information is subject to skobbler's privacy policy located at www.skobbler.com.

SAFE AND LAWFUL USE OF THE SKOBBLER SERVICES

You agree to comply with the following when using the skobbler Services:

  • Observe all traffic laws and otherwise drive safely.
  • Use your own personal judgement while driving. If you feel that a route suggested by the skobbler Services instructs you to perform an unsafe or illegal maneuver, places you in an unsafe situation, or directs you into an area that you consider to be unsafe, do not follow such instructions.
  • Do not input destinations, or otherwise interact with the skobbler Services, unless your vehicle is stationary and parked.
  • Do not use the skobbler Services for any illegal, unauthorized, unintended, unsafe, hazardous, or unlawful purposes, or in any manner inconsistent with this Agreement.
  • Arrange all GPS and wireless devices and cables necessary for use of the skobbler Services in a secure manner in your vehicle so that they will not interfere with your driving and will not prevent the operation of any safety device (such as an airbag).

PAYMENT

Before your paid skobbler Services application will be activated, you must: (i) provide skobbler with adequate information for payment via a mobile application store; or (ii) subscribe to the skobbler Services through your wireless telephone carrier, and agree to pay the relevant charges to such carrier.

You agree to pay all fees charged to your account for the skobbler Services (including applicable state and local taxes), in accordance with skobbler's billing terms in effect at the time the charge becomes payable. You will be charged such fees each month, even if you do not use the skobbler Services. skobbler reserves the right to change the fees for the skobbler Services at any time, upon at least 30 days prior notice to you.

If payment cannot be charged to your credit card or your credit card charge is returned to skobbler for any reason, or you otherwise fail to pay the charges for the skobbler Services when due, skobbler reserves the right to pursue any and all legal remedies to collect the amounts owed by you, and to suspend or terminate your access to the skobbler Services.

TELEPHONE CHARGES

You are responsible for any fees assessed by your wireless telephone carrier to access the skobbler Services, including any data plan charges, toll, out-of-area, roaming, or other telephone connection charges. Standard messaging rates and other charges may apply when using certain features in the skobbler Services, such as Shared Address.

skobbler reserves the right to change at any time the phone number designated for you to access the skobbler Services, including eliminating any toll-free numbers.

TERMINATION

skobbler reserves the right to terminate this Agreement without notice to you. In case of such termination skobbler will refund to you a pro-rata portion of your pre-paid charges for the remaining month(s) that these charges relate to.

You may terminate the skobbler Services by deleting the skobbler Services from your mobile device.

ACCOUNT INFORMATION

You agree: (a) when signing up for the skobbler Services, to provide skobbler with true, accurate, current, and complete information about yourself, and (b) to inform skobbler promptly of any changes to such information to keep it true, accurate, current and complete.

If you provide skobbler with any information that is untrue, inaccurate, not current or incomplete, or skobbler has reasonable grounds to suspect so, skobbler has the right to suspend or terminate your access to the skobbler Services.

All of your account information, as well as other payment and personal information provided by you to skobbler, is subject to skobbler's privacy policy located here.

SOFTWARE LICENSE

Subject to your compliance with the terms of this Agreement, skobbler hereby grants to you a personal, non-exclusive, non-transferable license to: (i) download or otherwise copy the skobbler Software onto your wireless device, and (ii) use the skobbler Software (in object code form only) on such wireless device in order to access and use the skobbler Services.

Upon any termination of this Agreement, skobbler will suspend, terminate or cancel your access to the skobbler Services.

Except for the limited license expressly granted herein, skobbler shall own all right, title and interest in and to the skobbler Software, including without limitation all intellectual property rights therein.

You agree not to do any of the following:

  • Reverse engineer, decompile, disassemble, translate, modify, alter or otherwise change the skobbler Software, or any part thereof.
  • Attempt to derive the source code, audio library or structure of the skobbler Software without the prior express written consent of skobbler.
  • Remove from the skobbler Software, or alter, any of skobbler's or its suppliers' trademarks, trade names, logos, patent or copyright notices, or other notices or markings.
  • Distribute, sublicense or otherwise transfer the skobbler Software to others.

DISCLAIMERS

To the fullest extent permissible pursuant to applicable law, in no event will skobbler, its licensors and suppliers, or agents or employees of any of the foregoing, be liable for any decision made or action taken by you or anyone else in reliance on the information provided by the skobbler Services or the skobbler Software. You are responsible for the entire risk arising out of your use of the skobbler Services and the skobbler Software.

OTHER QUALIFICATIONS

You understand and agree that the skobbler Software is downloaded to your wireless device at your own discretion and risk.

Temporary interruptions of the skobbler Services outside skobbler’s control may occur from time to time (such as when you drive into an area that has no cell phone coverage or when the skobbler Services or your carrier's network is undergoing maintenance). skobbler will exercise reasonable efforts to attempt to limit or prevent such occurrences, but in no event will skobbler be liable for any financial or other damages due to such interruptions.

skobbler also does not warrant the accuracy of the map or other data used for the skobbler Services. Such data may not always reflect reality due to, among other things, road closures, construction, weather, new roads and other changing conditions.

skobbler has technological and operational security policies and procedures to protect your information from loss, misuse, alteration, or unintentional destruction, but the skobbler Services makes no representations or warranties regarding the security of the skobbler Services or the transmission of data or information to and from skobbler and your wireless device. skobbler will not be liable to you or anyone else in the event of any unauthorized infiltration of any of its systems.

LIMITATION OF LIABILITY

For damages with respect to injury to health, body or life caused by skobbler, skobbler’s representatives or skobbler’s agents in the performance of the contractual obligations, skobbler is fully liable. skobbler is also fully liable for damages caused intentionally or by gross negligence by skobbler, skobbler‘s representatives or skobbler’s agents. The same applies to damages which result from the absence of a quality which was guaranteed by skobbler or to damages which result from malicious action of skobbler. If damages, except for such cases covered by sentences 1 or 6, with respect to a breach of a contractual core duty are caused by slight negligence, skobbler is liable only for the amount of the damage which was typically foreseeable. Contractual core duties, abstractly, are such duties whose accomplishment enables proper fulfilment of an agreement in the first place and whose fulfilment a contractual party regularly may rely on. skobbler’s liability based on the German Product Liability Act remains unaffected. Any further liability of skobbler is excluded. The limitation period for claims for damages against skobbler expires after one (1) year, except for such cases covered by sentences 1, 2, 3 or 6.

GOVERNING LAW

This Agreement and performance hereunder will be governed by and construed in accordance with the laws of Germany, without giving effect to its conflict of laws provisions and CISG.

MISCELLANEOUS

This Agreement constitutes the entire agreement between skobbler and you with respect to the subject matter hereof. skobbler's or your failure to require performance of any provision shall not affect that party's right to require performance at any time thereafter, nor shall a waiver of any breach or default of this Agreement constitute a waiver of any subsequent breach or default or a waiver of the provision itself.

If any provision herein is held unenforceable, then such provision will be modified to reflect the intention of the parties, and the remaining provisions of this Agreement will remain in full force and effect.

You may not resell, assign, or transfer any of your rights hereunder. Any such attempt may result in termination of this Agreement, without liability to skobbler. Notwithstanding the foregoing, skobbler may assign this Agreement to any affiliate at any time without notice.

By using the skobbler Services, you consent to receive from the skobbler Services all communications, including notices, agreements, legally required disclosures or other information in connection with the skobbler Services (collectively, "Notices") electronically. skobbler may provide such Notices by posting them on skobbler's website or by downloading such Notices to your wireless device. If you desire to withdraw your consent to receive Notices electronically, you must discontinue your use of the skobbler Services.

If you have any questions regarding the terms of this Agreement, please contact skobbler by sending an email to support@skobbler.com or by writing to skobbler Customer Service, skobbler GmbH, Luisenstr. 41, 10117 Berlin, Germany.

Effective as of April 11, 2014

Terms & Conditions for the developer platform

GENERAL TERMS AND CONDITIONS

The skobbler SDK is designed to provide developers with services, software and reference information that allow independent third party developers to include third party content information, skobbler Maps (as defined below), plan routes, show points of interest on a map and other content made available by skobbler (“Content”) and technologies, including reference programs and programming interface information to link into and extend the features of skobbler services (“skobbler SDK” and together with the skobbler Maps, the “Services”) in your web pages or applications. For purposes of these Terms, “skobbler Maps” means OpenStreetMap maps enhanced to support navigation, route calculation and additional map functionality features such as improved geometry attributes, improved turn restrictions, additional road edges and additional FRC designations. skobbler reserves its right of full and exclusive ownership.

1. Use of the Service is Subject to these Terms. Your use of the Services is subject to the terms set forth below, including all exhibits attached hereto, and the Privacy Policy, which may be found here (collectively, these “Terms”). Before you use the Services, you should read each of the documents comprising the Terms, and print or save a local copy for your records.

skobbler reserves the right to make changes to the Terms from time to time. When these changes are made, skobbler will make a new copy of the Terms available here. You understand and agree that if you use the Service after the date on which the Terms have changed, skobbler will treat your use as acceptance of the updated Terms. If a modification is unacceptable to you, you may terminate the agreement by ceasing use of the Services.

2. Using the Services. You must agree to the Terms. You accept the Terms by using the Services. In this case, you understand and agree that skobbler will treat your use of the Services as acceptance of the Terms from that point onwards. You represent that you have full power, capacity and authority to accept these Terms. If you are accepting on behalf of your employer or another entity, you represent that you have full legal authority to bind your employer or such entity to these Terms. If you don’t have the legal authority to bind, please ensure that an authorized person from your entity consents to and accepts these Terms. You must post and abide by an appropriate privacy policy, and will comply with all applicable laws relating to the collection of information from visitors in connection with your Services Implementation (as defined below).

3. Limits on Your Use of the Service; Termination. You acknowledge and agree that your use of the Services shall be subject to the pricing structure set forth in Section 9 below. skobbler reserves the right in its discretion to cease providing all or any part of the Services or any prior version of the Services immediately without any notice if:


(i) You have breached any provision of the Terms (or have acted in manner that clearly shows that you do not intend to, or is unable to comply with the provisions of the Terms); or
(ii) skobbler is required to do so by law (for example, due to a change to the law governing the provision of the Service); or
(iii) providing a prior version of the Service could create an economic burden as determined by skobbler in its reasonable good faith judgment; or
(iv) providing a prior version of the Service may create a security risk or material technical burden as determined by skobbler in its reasonable good faith judgment.

4. Review of Service. Upon request by skobbler, skobbler may review the integration of the Services into your Services Implementation.

5. skobbler’s Proprietary Rights. You acknowledge and agree that skobbler (or skobbler’s licensors and their suppliers, as applicable) owns all legal right, title and interest in and to the Services, including any intellectual property rights that subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist).

6. Licenses.


6.1 Definitions.


(a) “Content” means any content provided through the Services (whether created by skobbler or its third party licensors), including skobbler Maps or any other content.

(b) “Offline Maps” are map data that are stored on a mobile device and do not require an Internet connection to be accessed.

(c) “Online Maps” are map data that are stored on a server and do require an Internet connection to be accessed on a client device.

(d) “Sensor” shall mean a global positioning satellite (“GPS”) receiving device or other device capable of automatic location detection technology regardless of accuracy.


(e) “Services Implementation” means a software application or website that uses the skobbler Maps and/or skobbler SDK to obtain and display Content, according to these Terms.

6.2 Service License. Subject to these Terms (including but not limited to Section 7 (License Requirements)), skobbler gives you a personal, worldwide, non-assignable and non-exclusive license to use the Services as provided by skobbler.

6.3 Content License. Subject to these Terms (including but not limited to Section 7 (License Requirements)), skobbler gives you a personal, worldwide, non-assignable and non-exclusive license to access, use, publicly perform and publicly display the Content in your Services Implementation, as the Content is provided in the Services, and in the manner permitted by these Terms. Specifically, you understand that the Content (including but not limited to the skobbler Maps) is provided for planning purposes only. You may find that weather conditions, construction projects, closures, or other events may cause road conditions or directions to differ from the results depicted in the Content. You should exercise judgment in your use of the Content.

6.4 Determination of Compliance. skobbler reserves the sole right and discretion to determine whether your use of the Service and Content is in compliance with these terms.

6.5 Hosting of Offline Maps. You shall be responsible to host skobbler Maps on servers under your control in the event you provide Offline Maps in conjunction with your Services Implementation.

7. License Requirements. skobbler’s licenses above are subject to your adherence to the following requirements:

7.1 End User Terms and Privacy Policy. If you develop a Services Implementation for use by other users, you must:


(a) display to the users of your Services end user terms that are substantially similar to the End User Terms set forth at End User Terms ;


(b) explicitly state in your Services Implementation’s terms of use that, by using your Services Implementation, your users are agreeing to be bound by skobbler’s Terms of Use;


(c) protect the privacy and legal rights of those users. If your Services Implementation enables you or any party to gain access to information about users of the Services, including but not limited to personally identifying information or non-personally identifying usage information, you or the party receiving the information must make publicly available, and must abide by, an appropriate privacy policy in your Services Implementation; and

(d) must comply with the privacy regulations and policies that apply to such use of the Services and Content in the location of use of such Services Implementations.

7.2 Attribution. Content provided to you through the Services may contain the trade names, trademarks, service marks, logos, domain names, and other distinctive brand features of skobbler, its partners, or other third party rights holders of content indexed by skobbler. You may not delete or in any manner alter these trade names, trademarks, service marks, logos, domain names, and other distinctive brand features. Furthermore, all use of the Services within your Services Implementation must provide attribution to skobbler, its partners, or other third party rights holders of the content provided through the Services. You shall provide attribution “©OpenStreetMaps” in the “About” page of your Services Implementation. You shall also state “Map rendering powered by skobbler” and insert a link to http://developer.skobbler.com. For the web maps you shall display the attributions: skobbler, Leaflet, OpenStreetMap, with the corresponding links. You shall display the attribution set forth in Attribution Link attached hereto.

7.3 Responsibility for Breaches. You agree that you are solely responsible for (and that skobbler has no responsibility to you or to any third party for) any breach of your obligations under these Terms and for the consequences (including any loss or damage which skobbler may suffer) of any such breach.

8. License Restrictions. Except as expressly permitted under these Terms, or unless you have received prior written authorization from skobbler (or, as applicable, from the provider of particular Content), skobbler’s licenses above are subject to your adherence to all of the restrictions below. Except as explicitly permitted in Section 6, you must not (nor may you permit anyone else to):


• access or use the Services or any Content through any technology or means other than those provided in the Services, or through other explicitly authorized means skobbler may designate;

• copy, translate, modify, create a derivative work of, or publicly display any Content or any part thereof (for example, the following are prohibited: (a) creating server-side modification of map tiles; and (b) stitching multiple static map images together to display a map that is larger than permitted);


• reverse engineer, decompile or otherwise attempt to extract the source code of the Services or any part thereof, unless this is expressly permitted or required by applicable law;


• delete, obscure, or in any manner alter any warning, notice (including but not limited to any copyright or other proprietary rights notice), or link that appears in the Services or the Content;


• unless you have entered into a separate written agreement with skobbler or obtained skobbler’s written permission to do so, use the Service or Content with any products, systems, or applications for or in connection with any systems or functions for automatic or autonomous control of vehicle behavior;

• offer a batch geocoding service that uses Content contained in any Services; or


• hide or mask from skobbler the identity of your service as it uses the Services.

9. Fees

9.1 Fees; Payment Terms. As a registered user of the Services, you will receive up to (a) 250,000 monthly map sessions, (b) 1,000 downloads of small country maps, and (c) 1,000 downloads for large country maps. In the event you exceed the usage limits set forth above, you shall pay Skobbler in accordance with the schedule below:

Billable Event

Price

>250,000 map sessions (including online routing)

$0.50/1,000 additional map sessions

>1,000 downloads of small country maps

$0.02/additional download

>1,000 downloads of large country maps

$0.05/additional download

You may elect to license access to the map views on the web. For maps that are (a) out-of-the-box styles; (b) uses skobbler branding; and/or (c) RealReach disabled, you may receive unlimited map views.

In the event you elect to license access to map views on the web that permit (a) custom styles; (b) branding free; and/or (c) RealReach enabled, you will be invoiced a monthly fee of $249 per 1,000,000 map views.

In the event you exceed the usage limits set forth above, you shall be invoiced at the end of the calendar month in which such overage occurred. The invoiced amounts are due the earlier of thirty (30) days following the end of the calendar month to which the royalty report applies, or fifteen (15) days from date of invoice. All payments shall be made in Euros.

9.2 Taxes. Fees due to skobbler are exclusive of all sales, use and similar taxes that may be imposed upon the transactions contemplated by these Terms (but excluding any taxes imposed on the net income of skobbler).

10. EXCLUSION OF WARRANTIES.


NOTHING IN THESE TERMS, INCLUDING SECTIONS 10 AND 11, WILL EXCLUDE OR LIMIT SKOBBLER’S WARRANTY OR LIABILITY FOR LOSSES THAT MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF LOSS OR DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS THAT ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU, AND SKOBBLER’S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES AND THE CONTENT IS AT YOUR SOLE RISK AND THAT THE SERVICES AND THE CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE.” IN PARTICULAR, SKOBBLER, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS AND THEIR SUPPLIERS, DO NOT REPRESENT OR WARRANT TO YOU THAT:


(a) YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS;


(b) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR;


(c) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; AND


(d) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED.

ANY CONTENT OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE, LOSS OF DATA, OR ANY OTHER DAMAGE OR INJURY THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH CONTENT.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SKOBBLER, OR THROUGH OR FROM THE SERVICES OR CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.

SKOBLER, ITS LICENSORS AND THEIR SUPPLIERS FURTHER EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.


11. LIMITATION OF LIABILITY.


SUBJECT TO SECTION 12, YOU EXPRESSLY UNDERSTAND AND AGREE THAT SKOBBLER, ITS SUBSIDIARIES AND AFFILIATES, AND SKOBBLER’S LICENSORS AND THEIR SUPPLIERS, WILL NOT BE LIABLE TO YOU FOR:

(a) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY (INCLUDING, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS); OR

(b) ANY LOSS OR DAMAGE AS A RESULT OF:


(i) ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SERVICES;


(ii) ANY CHANGES THAT SKOBBLER MAY MAKE TO THE SERVICES, OR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES);


(iii) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES; OR


(iv) YOUR FAILURE TO PROVIDE SKOBBLER WITH ACCURATE ACCOUNT INFORMATION.



THE LIMITATIONS ON SKOBBLER’S LIABILITY TO YOU IN THE PRECEDING PARAGRAPH WILL APPLY WHETHER OR NOT SKOBBLER, ITS SUBSIDIARIES, AFFILIATES, LICENSORS OR THEIR SUPPLIERS HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES OR DAMAGES.


12. Indemnity. You hereby agree to indemnify, defend and hold skobbler, its strategic partners, officers, directors, agents, affiliates, licensors and their suppliers (“the Indemnified Parties”) harmless from and against any claim or liability arising out of:


(a) Your use of the Services in breach of these Terms or applicable policies;


(b) Your Services Implementation;


(c) any use by users of your Services Implementation;


(d) any claim that your Services Implementation or your Content violates any applicable law, including but not limited to any claim that your Services Implementation infringes the rights of a third party.


You will cooperate as fully as reasonably required in the defense of any claim. skobbler reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you. You acknowledge that damages for improper use of the Services may be irreparable; therefore, skobbler is entitled to seek equitable relief, including but not limited to preliminary injunction and injunction, in addition to all other remedies.

13. Termination of the Terms.

13.1 These Terms will continue to apply until terminated by either you or skobbler as set out below.

13.2 If you want to terminate these Terms, you may do so by ceasing your use of the Services.

13.2 skobbler may, at any time, terminate these Terms with you if:

(a) you have breached any provision of these Terms;

(b) skobbler is required to do so by law;

(c) the partner with whom skobbler offered certain parts of the Services to you has terminated its relationship with skobbler or ceased to offer certain parts of the Services to you; or

(d) skobbler decides to no longer provide the Services or certain parts of the Services to users in the country in which you are resident or from which you use the Service, or the provision of the Services to you by skobbler is, in skobbler’s sole discretion, no longer commercially viable.

13.3 Upon termination of these Terms, all of the legal rights, obligations and liabilities that you and skobbler have benefited from, been subject to (or which have accrued over time whilst these Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of paragraph 12 shall continue to apply to such rights, obligations and liabilities indefinitely.

14. General Legal Terms. When these Terms come to an end, those terms that by their nature are intended to continue indefinitely will continue to apply, including but not limited to: skobbler’s Proprietary Rights; Exclusion of Warranties; Limitation of Liability; Indemnity; and these General Legal Terms. You agree that if skobbler does not exercise or enforce any legal right or remedy contained in these Terms (or that skobbler has the benefit of under any applicable law), this will not be taken to be a formal waiver of skobbler’s rights and that those rights or remedies will still be available to skobbler. Any waiver of any provision of these Terms will be effective only if skobbler expressly states in a signed writing that it is waiving a specified provision. If any court of law that has jurisdiction rules that any provision of these Terms is invalid, then that provision will be removed from these Terms without affecting the rest of these Terms. The remaining provisions of these Terms will continue to be valid and enforceable. These terms may be assigned by skobbler and will inure to the benefit of skobbler, its successors and assigns. These Terms, and your relationship with skobbler under these Terms, will be governed by the laws of the State of California, USA, without regard to its conflict of laws provisions. You and skobbler agree to submit to the exclusive jurisdiction of the courts located in the County of Santa Clara, California, USA, to resolve any legal matter arising from these Terms. Notwithstanding this, you agree that skobbler will be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction. These Terms constitute the whole legal agreement between you and skobbler and governs your use of the Services and Content, and completely replace and supersede any prior agreements between you and skobbler, written or oral, in relation to the Services and Content.

Privacy policy

EXHIBIT C

skobbler understands and respects your concerns about the use of your personally identifiable information, collected from you as a customer or visitor to our websites that identifies or is able to identify you as a specific person ("personal information"). Personal information includes inter alia name, nicknames, birth date, gender, billing and shipping addresses, telephone numbers including mobile telephone numbers, social security number, credit card numbers, credit card holder's names, credit card expiration dates, billing account number, Mobile Subscriber Identifier, Mobile Equipment Identifier, Network Address Identifier, IP address, call records, audible utterances, email addresses, personal interests, personal identification number (PIN), and may also include an employee’s company name, purchase order number, and employee number and occupation. Personal information does not include anonymous or aggregate information, which after processing cannot be associated with a specific person.

We believe that you should know what information about you we collect, as well as how that information is used, maintained, and, in some cases, shared. The following sets forth our privacy practices and policies, applicable to skobbler customers and visitors to the skobbler websites.

This privacy policy does not apply to our business partners or other companies that skobbler does not own or operate. For information on how other providers of products or services handle personal information you provide through other web sites or through the use of our services in conjunction with a third party, please consult their privacy policies.

INFORMATION COLLECTED ABOUT YOU AND OUR USE OF SUCH INFORMATION

The types of personal and other information we may collect about you are primarily from three sources: (1) information you provide; (2) information automatically collected; and (3) information from other sources. How we use and maintain that information is described below.

1. Information You Provide

(a) Register/Information Related to Your Account

We collect and store personal information about you when you register to become a customer of our services, and when you otherwise transmit such information to us via the internet. For instance, to maintain your account we collect and store in a database your name, nickname(s), billing address, email address, mobile phone number, or device ID/number for certain devices, mobile phone model, and wireless carrier.

We use your name, billing address, and credit card number for the purpose of billing you for our services, and other services offered from within certain skobbler products, and with your permission, may store such information for future transactions.

We may also use the information that we collect about you to manage your account and provide you with customer support. We may furthermore use such information to perform research and analysis about your use of our products and services on a pseudonymous basis (for opt-out possibilities please see below), to inform you from time to time by email if you provided a respective explicit consent, and/or within our application about products or services that we think will interest you. We may share the information we collect about you and your usage activity on an anonymous, aggregated basis with our third party partners for the purpose of performing research and analysis about users of our products and services.

(b) Website Use/Contact Our Customer Service Representatives

We use your email address to contact you with regard to your account, such as to communicate that it is about to expire or to confirm any change to your phone number, and to respond to any inquiry or feedback you submit via our websites by email or from within any of our applications.

(c) Accessing our Services

When you use any of our services, including when you use a mobile device equipped with one of our services, you will be asked to provide certain information. We may use your mobile phone number/device ID number as your account number so that when you access our services for instructions or interact with our automated voice entry system, we can use caller ID to map your phone number to your account number. We may also assign you a separate and unique ID number, which may be stored and used to manage your account and provide you with customer support, perform research and analysis about your use of our products and services on a pseudonymous basis (for opt-out possibilities please see below), to inform you from time to time (i) by email and/or SMS message if you provided a respective explicit consent and/or (ii) within our application about products or services that we think will interest you, unless you inform us that you opt out from receiving such communications.

As a customer of skobbler, you may also create a personal identification number (PIN), which we store in our database, for the purpose of you logging into your account. In some cases, this PIN is generated for you automatically on your wireless device, and cannot be altered.

As a customer of skobbler, you also have the option of providing us with your home and work addresses (to the extent they differ from your billing address), which we store in our database, to enable you to access readily other features of our services.

(d) Third Party Applications

Some of skobbler's services provide you with access to third party applications. When you enable a third party application, information collected by skobbler is processed under our privacy policy while information collected by the third party application provider is governed by its own privacy policy.

(e) Request for Information

When you request additional information about one of our services via our website, information we collect through these requests include your name, nickname(s), phone number, and email address, and if you are seeking information on behalf of your company, the name of that company. If you provided a respective explicit consent, we will use this information to provide you with details about our services, and we may use this information to promote our services to you in the future.

(f) Public Forums

If you use or link to public forums such as social networking services, blogs on skobbler or non- skobbler websites, internet bulletin boards, or chat rooms, be aware that any personal information you submit can be read, collected, or used by other users of these forums, including to send you unsolicited messages. skobbler cannot prevent the distribution and use of such information by other parties.

(g) Other Submissions

We collect personal information about you when you submit survey responses, a job application or resume.

2. Information Automatically Collected

We automatically receive certain types of information, some of which may be associated with personal information, when you visit our websites or use our products and services.

(a) Information Related to Your Location and Route or Other User Content

Each time you access the skobbler service, we record your location and route information, including your point of origin (which may be your then-current location), the address of your destination, the starting time of your trip, the route you are instructed to follow, localization data, speed, direction of travel and time information (collectively "FCD (floating car data)"). We record your current location when your wireless device requests a rerouting (which occurs, for example, when you deviate from the specified instructions). We maintain a database with the FCD on a non-personal basis, and may keep such information indefinitely to improve our map coverage and to provide other features that may enhance your service capabilities, functions, and your user experience. We may periodically receive your current location from the GPS hardware associated with your wireless device for the purpose of providing enhanced services, including traffic flow data. When your location, GPS heading and speed are used for these purposes, we strip it of your personal identity information, such as your phone number, prior to storing.

When you choose to use your current GPS location for specifying the locale for a business finder search, or obtaining a map, we use your location information for the requested purpose, and then discard it. We anonymously record any search activities and results for comparative analysis. Further, we anonymously record transactions for the purpose of paying directory listing and mapping data providers.

Additionally, in some versions of our applications, you can allow our application to access the data stored in the address book on your mobile device. Our applications may use data from your address book to allow you to search for and navigate to the addresses of your contacts. We will only access this data if you have given permissions for a particular skobbler application to do so and only for such purpose, and you can revoke such permissions at any time by changing the settings on your mobile device.

(b) Cookies, Web Beacons, and Similar Technologies on the Website and skobbler Applications

We may employ browser cookies or similar technologies to identify the computer, mobile device, or some of our services and record your preferences and other data. We use cookies or similar technologies to evaluate how our websites, devices or applications are used and to provide continuous improvement to our services, make recommendations, and complete transactions you request. Cookies may be stored locally on mobile devices or on computer servers operated or controlled by skobbler. We may use a tracking pixel, agent or other visitor identification technology that collects pseudonymous data about your use of some of our services. We may also use Web beacons, also known as Web bugs, which are mostly invisible small graphic images (1-by-1 pixel), in the same color as the background of the web page or an HTML email, to monitor interaction with our websites or emails. In addition, when you visit our website our systems automatically collect your IP address and the type of browser that you use. When you browse our website, our systems log the skobbler web pages that you visit on a pseudonymous basis. Server log files are records of activity automatically created by the server and stored. If we combine or link cookie or Web beacons with personal information, we will treat the combined or linked information as personal information under this policy. We may employ third-parties to place advertisements about our products and services on other web sites. The use of cookies, Web beacons or other similar technologies by such third parties is governed by their privacy policies.

You may limit the automatic collection of certain information by our website by disabling the cookies using your browser options. Please be aware that disabling cookies may prevent you from using specific features on our websites, such as ordering services, or maintaining an online account.

(c) Other Information

When you use the voice command or entry features on our services, we record your audible utterance (what you said). We collect utterances from our entire subscriber population, organize them by what was said, and then use this information to adjust speech recognition performance parameters to improve accuracy on an anonymous basis.

We may retain any data you provide to us in an email inquiry, for the purpose of tracking the types of questions we receive.

WHEN YOUR INFORMATION WILL BE SHARED OR DISCLOSED

skobbler does not sell, rent, license or otherwise share information with third parties except as explained in this privacy policy.

Consent Given/Transaction Processing

We may disclose personal information about you to third parties with your consent or if permitted by statutory law.

Third Party Services or Third Party Service Providers

skobbler offers access to a variety of resources, including but not limited to various communication tools, search services, forums, and links to other World Wide Web sites in providing its services, products and websites. We may make certain personally identifiable information non-personal and share it or aggregated data with strategic partners that work with us to analyze usage, provide and improve products or services, or that help us market to customers, or for similar purposes. Information that is not personally identifiable or is aggregated is not subject to any restrictions of use or disclosure under this privacy policy.

If you take advantage of a third party's services or products offered through the use of our services, we may disclose your personal information to such unaffiliated third parties. These entities may use this information that you provide in the course of your use of skobbler 's services (including your name, nicknames, telephone numbers, audio files, and email and mailing addresses) to promote their products and services to you. Any such personal information that a third party uses will be subject to their applicable privacy policies.

Some of our services and functionality are provided in conjunction with third party service providers. These third party service providers process personal information on our behalf and are obligated to process such information in compliance with this privacy policy and other appropriate security and confidentiality measures.

Legal Processes

We will comply with any subpoenas, court orders or other legal processes for any of the information about you in our possession, and we may use such information to establish or exercise yours, ours, or others' legal rights, or to defend against legal claims.

INFORMATION ON WIRELESS DEVICES

The skobbler software (and any upgrades, modifications, or additions thereto) that is factory installed or downloaded to, and resides upon your wireless device retains your manually entered account number and PIN, or reads it from the device. Having your carrier change the assigned phone number for your wireless device does not change the account number we maintain with regard to that device, which will result in your device not being able to access your skobbler account established using the previous phone number. If this happens, please contact skobbler customer care.

SECURITY OF PERSONAL INFORMATION

skobbler has implemented various physical, electronic and procedural safeguards to protect the confidentiality and security of personal information under our control. For instance, skobbler limits access to skobbler systems that store such information to authorized personnel. skobbler also employs the Secure Sockets Layer (SSL) protocol to protect your personal information when you bill on our website.

While skobbler maintains a multitude of security measures to prevent unauthorized access to or disclosure of your personal information, no security measures are absolute or wholly guaranteed. skobbler will make reasonable attempts to notify you if it determines there were unauthorized acts by third parties that violate the law or this policy, or other security breaches, or where otherwise required by law.

skobbler will maintain your personal information for as long as a business need exists, or as required by applicable laws, regulations, or government orders. When we dispose of personal information, we use commercially reasonable procedures to erase or render it unreadable.

CHILDREN'S PRIVACY

skobbler will not knowingly request or collect personal information from any person under 13 years of age without prior verifiable parental or legal guardian consent. If, however, you authorize a child to use our services or products by providing them a device associated with your skobbler service, any personal information associated with such use will be treated as your information in accordance with this policy. skobbler encourages parents to be involved in the online activities (including wireless Internet browsing) of their children to ensure that no information is collected from a child without parental or Guardian consent.

CUSTOMER REQUESTS FOR INFORMATION

Customers are entitled to request information concerning (i) their personal information under skobbler 's control, (ii) possible recipients of such personal information and (iii) the purpose of the processing of such personal information. To protect your privacy and security, skobbler will take reasonable steps to verify your identity before providing you access or making corrections. skobbler will resolve requests to correct inaccuracies in personal information , except where the request is unreasonable. Customers who wish to request further information about our compliance with this law or have questions or concerns about our privacy practices and policies may contact us at privacy@skobbler.com.

OTHER WEBSITES

For your convenience, this website contains links to other websites, including some websites administered by skobbler or administered by other companies on behalf of skobbler, as well as to websites unrelated to skobbler. This privacy policy does not apply to non-linked websites. Each website should be checked for its own privacy policy.

CHANGES TO THIS POLICY

skobbler may from time to time update this privacy policy, and we encourage you to periodically review this privacy policy to be informed of the latest changes. Whenever a change to this policy is significant, we will place a prominent notice on this website, at least 30 days before the effective date.

UPDATE INFORMATION / REVOKE CHOICES / SUGGESTIONS / CONTACT INFORMATION

If you would like to update or correct any information that you have provided to skobbler through your use of our services or this website, limit or opt-out of certain communications, revoke prior communication choices you have made, or if you have suggestions for improving this privacy policy, please send an e-mail to privacy@skobbler.com, or fill out the form in the Contact Us link on this website. We will use reasonable commercial efforts to address any concerns that you may have.

CONTACT INFORMATION FOR INTERNATIONAL USERS

skobbler takes its users' privacy concerns seriously, and if you believe that skobbler has not complied with this Privacy Policy in regards to your personal information, you may write to the Legal Department at the following address:
skobbler GmbH, Luisenstr. 41, 10117 Berlin, Germany

In your letter, please describe in detail — in as much detail as possible — the ways in which you believe that we have not complied with this Privacy Policy. We will investigate and verify your complaint in a timely manner. If you do not receive acknowledgement of your complaint or if you feel that your complaint is not adequately addressed by skobbler, you should then contact the following companies (choose one):

Council of Better Business Bureaus, Inc.

BBB EU Safe Harbor
Web: www.bbb.org/us/safe-harbor-complaints

E.U. Data Protection Authority (E.U. DPA)
c/o United States Council for International Business

1212 Avenue of the Americas
New York, NY 10036
Telephone: (212) 354-4480
Fax: (212) 575-0327
Web: www.uscib.org

Swiss FDPIC
Office of the Federal Data Protection and Information Commissioner FDPIC
Feldeggweg 1
CH - 3003 Berne
Telephone: +41 (0)31 322 43 95 (Monday - Friday, 10am - 12 am)
Fax: +41 (0)31 325 99 96

Imprint

General information required in accordance with §5 of the German Telemedia Act

skobbler GmbH
Luisenstr. 41, 10117 Berlin, Deutschland

info@skobbler.com

Managing director: Peter Scheufen

Commercial register: Charlottenburg, HRB 124264