Terms and Conditions - Private user
Pave Commute App
1. Basic terms and conditions
1.1. The Carployee GmbH FN 487221b Peter Behrensplatz 10, 402 Linz, +436802381701, Austria ("Carployee")operates the Pave Commute App (the "App"), which is intended to support people ("Users") in choosing their means of transport or their journey to work, to the university or to other facilities and places. By means of the App, carpools can be formed as well as journeys by bicycle/public transport or footpaths can be optimized.
1.2. Carployee provides all services to its users (together with Carployee, the "Parties") on the basis of these General Terms and Conditions ("GTC"), which are available at any time at https://pavecommute.app/terms-private-user-eu, in the version valid at the time of the conclusion of the contract.
1.3. These GTC apply exclusively to users who use the app without being linked to the account of a corporate customer (in particular employers / universities / recreational institutions including their representatives). The GTC for corporate customers and users who use the app linked to the account of corporate customers ("GTC for corporate customers") are available at any time at https://pavecommute.app/terms-eu.
1.4. Changes to the GTC for users are only possible with the consent of the user. For this purpose, the amended GTC must be published on Carployee's website at https://pavecommute.app/terms-private-user-eu at least 30 days prior to their entry into force, and the text of the GTC must be sent to the e-mail address last provided by the User. If the User does not object to the changes in writing (e.g. by e-mail to email@example.com) within 30 days of receipt of the aforementioned announcement, consent shall be deemed granted. In the event of a timely objection by a user, the contractual relationship between this user and Carployee shall continue in accordance with the GTC in the version prior to the announced change. If the continued operation of the app on the basis of the previous version of the GTC is technically no longer possible or no longer appears economically reasonable for Carployee for other reasons, Carployee may terminate the contract extraordinarily in the event of an objection by the User. The User shall be informed about the right to object as well as the consequences of not objecting simultaneously with the sending of the amended GTC text.
2. Conclusion of Contract
2.2. By clicking the checkbox "Accept GTC" during the registration process, the User confirms that he/she has read and understood the GTC and explicitly accepts these GTC.
2.3. The contract is concluded in the German language.
3. Right of withdrawal via app use
3.1. In addition to the right of cancellation at any time (item 12), the User is entitled to withdraw from the contract in writing within 14 days of the conclusion of the contract (item 2) without stating any reasons. To exercise this right of withdrawal, the User must inform Carployee by means of a clear declaration (e.g. by e-mail to firstname.lastname@example.org or by post) of his/her decision to withdraw from this contract. The User may use the model withdrawal form below (point 4) for the withdrawal. The use of the withdrawal form is not mandatory.
3.2. In order to comply with the withdrawal period, it is sufficient that the notification of the exercise of the right of withdrawal is sent before the expiry of the withdrawal period.
3.3. If the User withdraws from the contract, the User's right to use the app shall lapse and the User's account shall be deleted by Carployee. After revocation, the User is free to conclude a new contract for the use of the app by registering again with his/her data.
4. Sample revocation form
(If you want to revoke the contract, you can fill out this form and send it back to us)
To Carployee GmbH, Peter-Behrens-Platz 10, 4020 Linz, e-mail: email@example.com:
I hereby revoke the contract I concluded for the provision of the following services:
Name of consumer:
Address of consumer:
Signature of the consumer (only in case of notification on paper):
5. Subject of the contract
5.1. The subject of the contract are the legal, organizational, commercial and technical conditions for the provision and operation of the app as well as other services in connection with the app provision. The basic functional description of the App and its technical requirements for use are set forth in Annex ./1 to these GTC.
5.2. Carployee has freedom of design in the provision of the contractual services within the agreed framework, unless otherwise agreed in writing. Carployee is furthermore entitled to modify agreed contractual services to a reasonable extent for the User within the scope of updates. By downloading and installing such updates on the end device, the User agrees to the associated modifications of the contractual services.
5.3. Carployee shall be entitled to engage vicarious agents with appropriate qualifications, for whose conduct Carployee shall be liable to the User as for its own.
5.4. The User expressly understands and acknowledges that Carployee is provided via the App solely to assist the User in choosing the means of transport or the route to work, university or other locations. The conclusion of the contract does not establish any claim of the User to the provision of suitable rides or the conclusion of transportation contracts against Carployee. Carployee is not involved in contractual relationships or agreements of any kind entered into between users of the App (such as, in particular, passenger transportation contracts) and assumes no responsibility in this regard. Consequently, users who offer ridesharing services to other users are also not acting as attributable vicarious agents of Carployee.
6. Service provision and duty to cooperate
6.1. Carployee offers customers or users the possibility to download and install the app on a mobile device via app stores. In any case, Carployee does not provide the necessary hardware or operating systems for the use of the app.
6.2. The minimum technical requirements for the hardware and software necessary to use the App can be found in the respective App Store terms and conditions. Carployee does not assume any responsibility for the app being compatible with the hardware and software used by the user.
6.3. The use of the app requires a successful installation on the user's mobile device as well as internet access. Furthermore, a corresponding registration by the respective user is mandatory for use.
6.4. Unless more specific provisions are made within the scope of these GTC, the permissible use of the app shall be governed by the terms and regulations of the app store used.
6.5. The User grants Carployee the free, non-exclusive right, limited for the term of the contract, to use all transmitted content to the extent necessary for the performance of the contractual services
7. Fair use and general obligations of the user
7.1. The User agrees not to use the App for the purpose of operating a business (§ 1 Consumer Protection Act; BGBl 1979/140 as amended) or otherwise generating regular profits by charging fees to other Users for offering rideshare services. Violation of this obligation entitles Carployee to immediately terminate the contract for cause.
7.2. The user is obliged to keep the access data to the app secret. The user is responsible for all activities that originate from his user account. The User acknowledges that only one user account may be maintained per User.
7.3. Carployee may design the app to be interactive. For example, users are given the opportunity to exchange information with each other (especially in the form of chats). Users acknowledge and agree that the app may only be used to the best of their knowledge and belief, that only truthful information may be provided, and that legal regulations and these GTC must be observed. Carployee is not obligated to check the content of the User's contributions for accuracy.
7.4. The user is obliged to notify Carployee immediately as soon as there is any suspicion of unauthorized or improper use of a user account. Inquiries shall be answered by Carployee within a reasonable period of time. In any case, users are not entitled to live support. The User shall assist Carployee in diagnosing and rectifying an error by providing the required information and documentation.
7.5. In case of doubt, the rules of points 10 and 11 shall take precedence over this point 7.
8. Copyrights of Carployee
8.1. By registering in the App, the User acquires the non-exclusive right, limited in time for the duration of the Agreement, to use the App free of charge for the purposes set forth in the GTC (the "License").
8.2. The App, its contents, its underlying software, as well as other contents provided by Carployee (such as, in particular, offers, reports, analyses, drafts, or other data carriers) are protected by copyright and may not be used or edited beyond the right of use granted in the Agreement without Carployee's prior written consent. The User agrees not to decompile the App, not to reverse engineer the App, not to attempt to obtain the source code of the software, not to edit or modify the App, or to create derivative works from the App.
8.3. Furthermore, the user is not entitled to reproduce any user documentation of the app or parts thereof or to hand it over to unauthorized persons.
8.4. The user expressly does not acquire any rights of use whatsoever to the object and/or source code of the app.
8.5. Under no circumstances shall any unauthorized reproduction or distribution of the documents give rise to any liability on the part of Carployee - in particular, for example, for the correctness of the content of the documents - vis-à-vis third parties.
8.6. The User's violation of the provisions of this clause 8 shall entitle Carployee to immediately terminate the contract prematurely for cause and to assert other legal claims, in particular for injunctive relief and damages
9. Charges and offsetting
9.1. The use of the app is free of charge for the User.
9.2. The User shall not be entitled to offset any claims of Carployee with counterclaims, unless such counterclaims are legally related to the User's liability or have been determined by a court or acknowledged by Carployee in writing.
10. Responsibility and liability
10.1. The compilation of content of the app and recommendation for individual users by Carployee is purely a service activity. Therefore, no success is owed with regard to the goals sought through the use of the app. Carployee assumes no liability for the accuracy, timeliness and completeness of the content. Likewise, not for any consequential damages. The user is therefore solely responsible for critically examining content and assessing it on his or her own responsibility.
10.2. Carployee's liability for slight negligence - with the exception of personal injury - is excluded in any case.
10.3. Carployee shall not be liable for any damages incurred by a user due to the misconduct of another user in connection with the use of the app. In particular, Carployee shall not be liable for any damages arising from personal transportation contracts concluded between two or more Users in the course of using the App via chat or otherwise in writing or verbally. The User understands and acknowledges that Carployee is not the owner of the vehicles provided for any ridesharing matters and consequently Carployee shall not be liable for any personal injury or property damage under the Railway and Motor Vehicle Liability Act (BGBl 1959/48 as amended).
10.4. Liability claims between two or more users with regard to contracts and agreements of any kind concluded in the context of the use of the app are not affected by the contractual relationship of the users with Carployee.
11.1. The user is entitled to a warranty in accordance with the statutory provisions, in particular the Consumer Warranty Act (BGBl I 2021/175 as amended). Any warranty rights of the user beyond the mandatory legal standards are expressly excluded.
11.2. According to the current state of technology, there is no procedure that can guarantee that software is free of errors. Consequently, Carployee cannot guarantee that the app or the underlying software is completely error-free.
11.3. Carployee's contractual services are created according to the state of knowledge of experienced experts. Changes to the contractual services compared to the original contractual service, which the User agrees to by way of download and installation of updates, do not lead to any defectiveness of the contractual service.
11.4. It is noted that downtimes due to maintenance, software updates, technical problems of third parties or force majeure cannot be ruled out and that availability problems of the app that occur due to this do not constitute a defect, provided that these are remedied by Carployee as far as possible and reasonable and within a reasonable period of time.
11.5. Carployee is not involved in contracts and agreements of any kind that are concluded or made between its users in the context of using the app (e.g. via chat). Consequently, Carployee shall have no warranty obligations for defects in connection with such contracts and agreements.
12. Term of Contract and Termination
12.1. By registering the User, Carployee and the User enter into a contract for the use of the app for an indefinite period of time. The User and Carployee are entitled to terminate this contractual relationship at any time, whereby the right to terminate on the part of Carployee is subject to compliance with a notice period of two weeks. The right of the parties to terminate the contract with immediate effect for good cause remains unaffected.
12.2. Termination by the User shall be effected by deactivating the user account under the settings or by written declaration to Carployee (e.g. by e-mail to firstname.lastname@example.org). Termination by Carployee shall be made in writing by e-mail to the last e-mail address provided by the user.
13. Data protection
13.1. In connection with the use of the app, some personal data of the user (e.g. name, email address) will be processed. Carployee, as the data protection controller within the meaning of Art 4 No. 7 of the General Data Protection Regulation ("DSGVO"), undertakes to comply with the legal provisions of data protection, in particular the DSGVO, and to impose compliance with these provisions on its vicarious agents and employees.
13.2. Users can access more detailed information on data protection at any time in the data protection declaration at https://pavecommute.app/app-data-privacy-private-user.
14. Choice of law, place of jurisdiction, place of performance
14.1. All disputes between Carployee and its users shall be governed exclusively by Austrian law, excluding the UN Convention on Contracts for the International Sale of Goods and the referral rules of private international law. This shall not apply to the extent that the User would thereby be deprived of the protection afforded by the mandatory provisions of the law of the state of the User's habitual residence.
14.2. For all actions brought by the User against Carployee due to disputes arising from the contractual relationship, the parties agree that the competent court in Vienna, Innere Stadt, shall have jurisdiction. This shall not affect the User's right to sue at any other legal place of jurisdiction.
14.3. For all actions brought against a user of Carployee due to disputes arising from the contractual relationship, one of the domestic courts in whose district the user has his residence, habitual abode or place of employment shall have jurisdiction. For users who are not domiciled in Austria at the time of conclusion of the contract, the statutory places of jurisdiction shall apply.
14.4. Unless otherwise agreed in writing, the place of performance for contractual services by Carployee shall be its registered office.
15. Final Provisions
15.1. Amendments, supplements and collateral agreements to these GTC must be made in writing in order to be effective. This also applies to any agreement to deviate from this formal requirement. In case of contradictions between these GTC and deviating written agreements between the parties, the provisions of the deviating agreements shall prevail.
15.2. Should individual provisions of these GTC be or become invalid, this shall not affect the remaining content of the GTC. The invalid provision shall be replaced by a valid provision that is legally valid and comes as close as possible to the economic intent of the parties.
15.3. In the absence of any provision to the contrary in these GTC, the provisions and rights arising from these GTC may not be passed on or assigned to third parties without the written consent of the other contracting party. Excluded from this is the assignment of claims of the user for assertion to an association named in § 29 Consumer Protection Act.
15.4. A "third party" in the sense of these GTC is any natural or legal person who is different from the parties in the legal sense, even if legal and/or economic relations should exist with such a person.
Description Scope of Functions App - Private user
The Pave Commute app ("App") is used for planning daily routes of users ("Users") to their employer, university or other places. A necessary condition for App use is that Users download the App from the Google Play Store or Apple App Store ("App Store") to their mobile device. In addition, users need an internet connection. In order to use the app, it is also possible for the user to register by means of a password and e-mail address or SSO.
Based on the user's personal preferences, the app calculates route recommendations to workplaces or other regularly visited locations for each day. In order for route recommendations to be calculated, the user must answer some questions in the form of a questionnaire in the app, especially about their transportation preferences. These relate to the current transport mode, location, and other preferences such as speed or reliability of the route.
The questions regarding user preferences are continuously developed and improved on the basis of internal findings on the part of Carployee so that users can be offered a high-quality service.
2. Commute recommendation
For the (daily) journey, recommendations are made regarding the choice of the most optimal transport mode for an individual user (e.g. bicycle, foot, public transport or carpooling). Such recommendations may change over time to continue to meet the needs of the user. In addition, accompanying measures are taken to make it as easy as possible for the user to follow the recommendation. In particular, users are "matched" with each other and groups are formed in the form of chats so that "like-minded" users, with congruent or similar travel directions, can exchange information. Users can also search groups based on days, times, transportation mode, and their respective locations. Additional companion measures may be introduced as the app evolves