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
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.
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).
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.
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.
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.
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.
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.
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.
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.
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.
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 email@example.com or by writing to skobbler Customer Service, skobbler GmbH, Luisenstr. 41, 10117 Berlin, Germany.
Effective as of April 11, 2014