Terms of service.
1. Scope
The following Terms of Service (the "Agreement") describe the general terms and conditions of your use of all our white label mobility platform mobile applications ("Mobile Application" or "Service") and any related products and services (collectively, "Services"). These Terms of Service are legally binding between you ("you" or "your") and WunderCar Mobility Solutions GmbH and its affiliated companies ("Wunder Mobility", "we", "us" or "our"). By accessing and using the Services, you acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement. If you do not agree with the terms of this Agreement, you must stop using the Mobile Application and Services. You acknowledge that this Agreement is a contract between you and Wunder Mobility, even though it is electronic and is not physically signed by you, and it governs your use of the Mobile Application and Services.
This Agreement does not apply to independent operators who provide our Services to you ("Third Party Operators").
2. Services and mobile application
Wunder Mobility is not a transport carrier, nor does it provide transport services; rather, it facilitates Third-Party Operators in providing such services to you. As such we have no responsibility or liability for any transport services secured by you or provided by any licensor or Third-Party Operators.
The provision of transport services to you is at the sole discretion of licensors and Third-Party Operators. Accepting such services from licensors or Third-Party Operators is at your sole discretion.
3. Use of the service and mobile application
Wunder Mobility grants you a revocable, non-exclusive, non-transferable, limited license to download, install and use the Service for non-commercial purposes, strictly in accordance with this Agreement.
4. Member account, password and security
By using our Services and by agreeing to this Agreement, you warrant and confirm that you are at least 18 years old (or the age required to use our Services in your applicable jurisdiction). If you create an account in the Mobile Application, you are responsible for maintaining the security of your account and are fully responsible for all activities that occur under it. We may, but have no obligation to, monitor and review new accounts before you may sign in and start using the Services.
Providing false contact information of any kind may result in the termination of your account. You must immediately notify us of any unauthorized uses of your account or any other breaches of security. We will not be liable for any acts or omissions by you, including any damages incurred as a result. We may suspend, disable, or delete your account if we determine that you have violated any provision of this Agreement or that your conduct or content would tend to damage our reputation and goodwill. If we delete your account for these reasons, you may not re-register for our Services, and we may block your email address and IP address to prevent further registration.
5. Billing and payments
You shall pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. If, in our judgment, your purchase constitutes a high-risk transaction, we will require you to provide a copy of your valid government-issued photo identification, and possibly a copy of a recent bank statement for the card used. We reserve the right to change product pricing at any time.
6. Accuracy of information
Occasionally there may be information in the Mobile Application that contains typographical errors, inaccuracies or omissions relating to product descriptions, pricing, availability, promotions and offers. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information is inaccurate at any time without prior notice. We undertake no obligation to update, amend or clarify information in the Mobile Application, including pricing information, except as required by law.
7. Uptime guarantee
We offer a Service uptime guarantee of 99% of available time per month. This guarantee does not apply to service interruptions caused by: (a) periodic scheduled maintenance or repairs; (b) interruptions caused by you or your activities; (c) outages that do not affect core Service functionality; (d) causes beyond our control or that are not reasonably foreseeable; and (e) outages related to the reliability of certain programming environments.
8. Links to other resources
Although the Mobile Application and Services may link to other resources, we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked resource unless specifically stated. We are not responsible for examining or evaluating, and do not warrant, the offerings of any businesses, individuals, or third-party content. Your linking to any off-site resource is at your own risk.
9. Prohibited uses
You are prohibited from using the Mobile Application and Services for any unlawful purpose; to solicit others to perform unlawful acts; to violate any laws, regulations, rules or ordinances; to infringe our or others' intellectual property rights; to distribute, duplicate, publish, create derivative works from, modify, or resell for commercial purposes; to harass, abuse, defame, or discriminate; to submit false or misleading information; to upload viruses or malicious code; to spam, phish, pharm, pretext, spider, crawl, or scrape; for any obscene or immoral purpose; to interfere with or circumvent security features; to gain competitive intelligence about Wunder Mobility or its affiliates; or to copy the appearance or functions of the Service. We reserve the right to terminate your use of the Services for violating any of these prohibited uses.
10. Intellectual property rights
This Agreement does not transfer to you any intellectual property owned by Wunder Mobility or third parties; all rights, titles, and interests in such property remain solely with Wunder Mobility. All trademarks, service marks, graphics and logos used in connection with the Mobile Application and Services are trademarks or registered trademarks of Wunder Mobility, its licensors or Third-Party Operators. Your use of the Mobile Application and Services grants you no right or license to reproduce or otherwise use any of Wunder Mobility's or a licensor's trademarks.
11. Disclaimer of warranty
The Service is provided on an "as is" and "as available" basis, and your use of it is solely at your own risk. We expressly disclaim all warranties of any kind, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no warranty that the Services will meet your requirements or be uninterrupted, timely, secure, or error-free, nor as to the accuracy or reliability of any information obtained through the Service. Any material or data downloaded through the Service is done at your own discretion and risk.
12. Limitation of liability
To the fullest extent permitted by applicable law, Wunder Mobility, its affiliates, directors, officers, employees, agents, suppliers, licensors and Third-Party Operators will not be liable for any indirect, incidental, special, punitive, cover or consequential damages, however caused, under any theory of liability.
To the maximum extent permitted by applicable law, the aggregate liability of Wunder Mobility and its affiliates relating to the Services will be limited to the greater of one Euro or the amounts actually paid in cash by you for the one-month period prior to the event giving rise to such liability.
13. Indemnification
You agree to indemnify and hold Wunder Mobility and its affiliates, directors, officers, employees, agents, suppliers, licensors and Third-Party Operators harmless from any liabilities, losses, damages or costs, including reasonable attorneys' fees, arising from third-party allegations, claims, or disputes related to your content, your use of the Services, or any willful misconduct on your part.
14. Assignment
You may not assign, resell, sub-license or otherwise transfer any of your rights or obligations under this Agreement without our prior written consent; any such assignment shall be null and void. We are free to assign any of our rights or obligations to any third party, including as part of a sale of assets, stock, or a merger.
15. Termination
We may, with or without notice, suspend or terminate your account or your use of our Services if you violate this Agreement or no longer use our Services. We may, at our sole discretion, discontinue providing our Services or Mobile Application with or without further notice.
16. Changes and amendments
We reserve the right to modify this Agreement at any time, effective upon posting of an updated version. When we do, we will revise the updated date at the bottom of this page. Continued use of the Mobile Application and Services after any such changes constitutes your consent to those changes.
17. General
This Agreement constitutes the entire agreement between you and Wunder Mobility regarding the Services and your use of the Mobile Application. You may be subject to additional terms when you use third-party services or software.
This Agreement is governed by the laws of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG) and without reference to German conflict-of-laws principles.