Terms of Use – ecomove App
Last amended: September 2021

1. Scope

(1) These Terms of Use apply to the “ecomove” platform. The “ecomove” platform is provided by ecomove Technologies GmbH, Krausenstraße 9-10, 10117 Berlin (hereinafter referred to as “we” or the “Provider”). 

(2) The legal relationship between you as a user (hereinafter referred to as the “User” or “you”) and us as Provider shall be governed exclusively by these Terms of Use. We do not recognise any deviating GTC or terms of use on the part of the User, unless we expressly agree to their validity in writing.

(3) The latest version of these Terms of Use can be viewed at any time within the app by going to “Settings” > “Terms of Use” and downloaded as a PDF document.

2. Service description, availability

(1) The Provider operates the “ecomove” platform, with which users, via a mobile application (hereinafter referred to as “ecomove” or the “App”), can obtain transparency about their carbon footprint in relation to their mobility habits, and which offers them opportunities to reduce and offset their emissions.

(2) After downloading and registering within the App, users have the opportunity to track their activities and the carbon footprint they have generated. For this purpose, users are shown a Personal Mobility Score. Users also have the possibility to track Achievements. The values calculated within the App are approximate values based on the available information. In this respect, we cannot guarantee that the carbon footprint calculated on the basis of the available information corresponds to the User’s actual carbon footprint.

(3) In addition to the transparency features, the App also offers the User the opportunity to improve their own carbon footprint by acquiring paid CO2 emission reductions by means of CO2 emission certificates purchased by us, thus offsetting their personal carbon footprint. The CO2 emission certificates purchased by us (Voluntary Carbon Markets, VCM) are those of verified/certified providers. The details of how the offsetting works and the individual options are presented to the User in more detail within the App. 

(4) While we endeavour to maximise the App’s availability for its intended use, we cannot guarantee that the App will be available to users at specific times. The App’s accessibility may be limited or it may be completely unavailable, especially during maintenance and repair work.

3. Changes to the App and Terms of Use

(1) As the App is subject to continuous development, the Provider reserves the right to change the content and structure of the App as well as these Terms of Use, provided that the changes are reasonable for the User. This is the case, for example, if the changes are made in order to improve or optimise the App or to adapt it to applicable law, to ensure security, or to safeguard other legitimate interests. Furthermore, the Provider may introduce additional App features at any time. 

(2) The User will be notified of any changes to the Terms of Use the next time they open the App. The changes shall be deemed to be accepted if the User does not object in writing within fourteen (14) days of notification of the changes, provided that the Provider informs the User in the notification of the changes of this consequence of not objecting. 

4. Downloading the App, conclusion of the contract of use, and offsetting

(1) To use the App, the User needs an internet-enabled iOS device and an active internet connection. In order to use the services offered via the App, the User must first install the App on their mobile device via the Apple App Store. The terms of use of the supported Apple App Store apply.

(2) Registration takes place within the App via third-party login services (Sign in with Apple / Sign in with Google). By clicking the “Sign in with Apple / Sign in with Google” button on the registration screen, the User makes a binding offer to the Provider to conclude a contract of use in accordance with these Terms of Use. The contract (hereinafter referred to as “Contract of Use”) is concluded when the Provider confirms the User’s registration. 

(3) In order to be able to use all of the App’s features to the full extent after registering, it is necessary for the User to provide the details specified for this purpose in the App about the vehicle they use and to grant the App access to Location Services. For more information about data protection, please refer to Section 8 and our privacy policy.

(4) For paid offsetting (see Section 2(3)), the User’s emitted CO2 quantity is displayed in the App. The User can offset this by selecting the amount of CO2 to be offset and paying the price displayed within the App. The minimum quantity that can be offset is 100 kg. To conclude the contract for paid offsetting, the User can enter a valid means of payment and then place the order by clicking on “Pay € X.XX”, or on a comparable button. The order itself does not constitute a contract. Rather, the order constitutes a binding offer to conclude a contract for paid offsetting in accordance with these Terms of Use. Acceptance of this contract shall be effected by sending a confirmation of the successful conclusion of the contract by email (hereinafter referred to as the “Offsetting Contract”). The Provider does not store the terms of the contract.

(5) Contracts are concluded in German. Translations into other languages are for information only.

5. Prices, payment terms, right of withdrawal

(1) All prices quoted for the paid offsetting (see Section 2(3) above) are inclusive of the applicable statutory value added tax.

(2) The payment of the price for the paid offsetting according to the Offsetting Contract shall be due immediately upon conclusion of the contract. If the payment is processed via a payment service provider (e.g. Stripe), the terms of use or terms and conditions of that provider shall apply to the payment processing.

(3) As a consumer within the meaning of Sect. 13 of the German Civil Code (BGB), the User has a right of withdrawal in accordance with the statutory conditions.More information about the right of withdrawal can be found at https://www.ecomove.io/widerrufsrecht.

6. Copyright and rights of use

(1) All parts of the App, including its copyrighted content and its source code, are the sole and exclusive property of the Provider or its licensors.

(2) For the purpose of the Contract of Use, the Provider shall grant the User a limited, non-exclusive, non-transferable, non-sublicensable, revocable right to use the App as intended for personal, non-commercial purposes. The User must not tamper with or modify the App or misuse it. You may not use the App for any other purpose than the intended use of the App on your smartphone. 

7. Limitations of liability

(1) Claims for damages against the Provider are excluded. This does not include claims for damages arising from injury to life, limb, health or from the violation of essential contractual obligations as well as liability for other damages based on an intentional or grossly negligent breach of duty by the Provider, its legal representatives or the parties it uses to perform its obligations. Essential contractual obligations are those whose fulfilment is necessary to achieve the objective of the contract.

(2) In the event of a violation of essential contractual obligations, the Provider shall only be liable for foreseeable damage typical of this type of contract, if said damage was caused by ordinary negligence, unless the claims are based on injury to life, limb or health.

(3) The restrictions of paragraphs 1 and 2 shall also apply in favour of the legal representatives and parties used by the Provider to perform its obligations if claims are asserted directly against them.

(4) The limitations of liability resulting from paragraphs 1 and 2 shall not apply if the Provider has fraudulently concealed the defect. This shall not affect the provisions of the German Product Liability Act (ProdHaftG) and other mandatory provisions.

8. Data protection

(1) Personal data shall only be collected, processed and/or used if the User has consented or if this is permitted by law. In particular, personal data shall only be processed for the purpose of implementing the contractual relationship between the User and the Provider.

(2) You can find more information on data processing in the context of using ecomove in our privacy policy.

9. Dispute resolution

(3) The EU Commission has created an internet platform for resolving disputes online. The platform serves as a contact point for the out-of-court resolution of disputes concerning contractual obligations arising from online sales contracts. More information is available via the following link: http://ec.europa.eu/consumers/odr. The Provider is neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration body.

10. Final provisions

(1) Contracts between the User and the Provider shall be subject to the law of the Federal Republic of Germany, excluding the UN Convention on the Sale of Goods. This does not affect the statutory provisions on restriction of the choice of law and on the applicability of mandatory provisions, in particular those in the country in which the User as a consumer is ordinarily resident.

(2) If you as the User are a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between you and the Provider shall be the Provider’s registered office.

(3) Should any provision of this contract be or become legally invalid, this shall not affect the remaining provisions. The invalid provisions shall be replaced by any applicable statutory provisions. However, if this would constitute unreasonable hardship for one of the parties, the entire contract shall cease to be valid