This version is an automatic translation and not legally binding. Refer to the german version (pavecommute.app/de/user-agb-eu) for the legally binding version.
GENERAL TERMS AND CONDITIONS FOR USERS
PAVE COMMUTE APP
1. Basic provisions
Peter-Behrens-Platz 10, 4020
( Pave Commute )
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. The App can be used to carpool, optimize bicycle/public transit trips or walking trips, earn points for mobility behaviors and redeem them for benefits, and create links with employers.
1.2. Pave Commute provides - subject to clause 1.3 - all services to its users (together with Pave Commute the "Parties") on the basis of these General Terms and Conditions ("GTC"), which can be accessed at any time at pavecommute.app/user-terms-eu, in each case in the version valid at the time of conclusion of the contract.
1.3. These GTC apply exclusively to users who are consumers within the meaning of the KSchG. The GTC for corporate customers (in particular employers / universities / recreational facilities including their representatives) ("GTC for corporate customers") are available at any time at pavecommute.app/business-terms-eu.
1.4. Changes to the GTC vis-à-vis users are possible only with the consent of the user. For this purpose, the amended GTC must be announced at least 30 days prior to their entry into force on the website of Pave Commute at pavecommute.app/user-terms-eu and by sending the text of the GTC 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 firstname.lastname@example.org ) 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 Pave Commute 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 no longer technically possible or no longer appears economically reasonable for Pave Commute for other reasons, Pave Commute may terminate the contract extraordinarily in the event of an objection by the User. The User must be informed of the right to object and the consequences of failing to object at the same time as the amended GTC text is sent.
2. Conclusion of contract
2.1. The app can be downloaded free of charge to a mobile device via Google Play Store or Apple App Store ("App Stores") and installed on it. In the course of registering a user in the app, the user can either create a user account via email or use an existing user account from Google or Apple (Single Sign On "SSO"). By entering the user data (in particular name and email address) or selecting registration via SSO and by accepting these GTC as part of the registration, the contract between Pave Commute and the user is concluded.
2.2. By clicking the button on the knowledge and acceptance of the GTC within the registration process, the user confirms that he/she has read and understood these GTC and expressly accepts these GTC.
2.3. The contract shall be concluded in the German language.
3. Right of withdrawal via app use
3.1. In addition to the right of termination at any time (item 12), the User is entitled to withdraw from the contract in writing within 14 days from the conclusion of the contract (item 2) without giving any reason. To exercise this right of withdrawal, the User must inform Pave Commute by means of a clear declaration (e.g. by e-mail to email@example.com or by post) of his/her decision to withdraw from this contract. The User may use the model withdrawal form below (item 4) for the withdrawal. The use of the withdrawal form is not mandatory.
3.2. To comply with the cancellation period, it is sufficient that the notification of the exercise of the right of cancellation is sent before the expiry of the cancellation 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 Pave Commute. 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 cancellation form
(If you want to cancel 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: firstname.lastname@example.org:
I hereby revoke the contract I have entered into for the provision of the following services:
Name of the consumer:
Address of the consumer:
Signature of the consumer (only in case of notification on paper):
5. Subject of the contract
5.1. The subject matter of the Agreement 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 provision of the App. The basic functional description of the app and its technical requirements for use are set forth in Annex ./1 to these GTC ("Functional Description and Requirements for Use").
5.2. Within the agreed framework, Pave Commute has freedom of design in the provision of the contractual services, unless otherwise agreed in writing. Pave Commute is also entitled to modify the agreed contractual services to a reasonable extent for the User in the context of updates. By downloading and installing such updates on the end device, the User agrees to the associated changes to the contractual service.
5.3.Pave Commute is entitled to use vicarious agents with appropriate qualifications, for whose conduct Pave Commute is liable to the User as for its own.
5.4. The User expressly understands and acknowledges that Pave Commute exclusively provides support via the app in choosing the means of transport or the route to work, to the university or to 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 Pave Commute. Pave Commute 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 Pave Commute.
5.5. The User expressly understands and acknowledges that Pave Commute exclusively provides the technical and organizational framework for the incentivization of the mobility behavior of individual Users by companies or employers within the scope of the Benefits feature pursuant to Section 3 and Section 4 of the Functional Description and Conditions of Use by providing a points system for rewarding mobility behavior, displaying Benefits in the app, and transmitting the information relevant for the activation and redemption of Benefits between the User and the providers of the Benefits. The redemption of points for Benefits does not establish a contractual relationship between Pave Commute and the User, from which the User would have any claims whatsoever against Pave Commute with regard to the Benefits offered. Pave Commute merely facilitates the implementation of the redemption by transmitting the relevant information between the user and the provider of the respective benefit. The provision of benefits takes place exclusively in the relationship between the user and the provider of the benefit.
6. Service provision and duties to cooperate
6.1. Pave Commute offers customers and users the option of downloading and installing the app on a mobile device via app stores. In any case, Pave Commute does not provide the necessary hardware or operating systems to use the app.
6.2. The minimum technical requirements for the hardware and software needed to use the app can be found in the respective App Store terms and conditions. Pave Commute assumes no responsibility that the App is compatible with the hardware and software used by the User.
6.3. Use of the app requires successful installation on the user's mobile device and 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 Pave Commute the right, free of charge, non-exclusive and 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 undertakes not to use the App for the purpose of operating a business (Section 1 of the Consumer Protection Act; BGBl 1979/140, as amended) or otherwise generating regular profits by collecting fees from other Users for offering rideshare services. The violation of this obligation entitles Pave Commute 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. Pave Commute can make the app 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 the statutory provisions and these GTC must be observed. Pave Commute is not obligated to check the content of the user's contributions for accuracy.
7.4. The user is obliged to notify Pave Commute immediately as soon as there is any suspicion of unauthorized or improper use of a user account. Inquiries will be answered by Pave Commute within a reasonable time. In any case, users are not entitled to live support. The user will assist Pave Commute in diagnosing and rectifying an error by providing the necessary information and documentation.
7.5. In case of doubt, the rules of points 10 and 11 take precedence over this point 7.
8. Pave Commute copyrights
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 content, its underlying software, and other content provided by Pave Commute (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 the prior written consent of Pave Commute. The User agrees not to decompile the App, not to reverse engineer it, 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 code and/or source code of the app.
8.5. Under no circumstances does unauthorized copying or distribution of the documents give rise to any liability on the part of Pave Commute - in particular, for example, for the accuracy of the content of the documents - vis-à-vis third parties.
8.6. The User's breach of the provisions of this clause 8 entitles Pave Commute to immediately terminate the Agreement 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 is not entitled to offset any claims of Pave Commute with counterclaims, unless such counterclaims are legally related to the User's liability or have been determined by a court or recognized in writing by Pave Commute.
10. Responsibility and liability
10.1. The compilation of content of the app and recommendation for individual users by Pave Commute is a pure service activity. A success is therefore not owed in relation to the goals sought through the use of the app. Pave Commute 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. Pave Commute is not obligated to verify the existence or non-existence of an employment relationship between User and an Employer available in the App as part of the functions according to the Functional Description and Usage Requirements that involve interaction between Users and Employers. Pave Commute provides the User with the functions of the App associated with a link to the Employer solely on the basis of, and in the event of, compliance with the information provided by the User and the Employer in this regard.
10.3. In the case of the Shift Plan Connection Feature and the Invitation Feature ("Employer Features"), the provision of the Features to the User by Pave Commute shall be made only in accordance with the order of the relevant Employer.
10.4. The liability of Pave Commute for slight negligence - with the exception of personal injury - is excluded in any case.
10.5. Pave Commute accepts no liability whatsoever for damages incurred by a User as a result of the behavior of a third party offering Benefits within the framework of the App. Pave Commute exclusively provides the technical and organizational framework for incentivizing the mobility behavior of individual Users by companies or employers, by providing a points system to reward mobility behavior, displaying Benefits in the App and transmitting the information relevant to the activation and redemption of Benefits between the User and the providers of the Benefits. The user has no claims of any kind (e.g. claims for non-performance, warranty) with regard to benefits from third-party providers redeemed via the app.
10.6. Pave Commute accepts no liability whatsoever for damages incurred by a User as a result of the misconduct of another User in connection with the use of the App. In particular, Pave Commute shall not be liable for any damages arising from passenger transportation contracts entered into 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 Pave Commute is not the owner of the vehicles provided for any ridesharing matters and, consequently, Pave Commute is not liable for any personal injury or property damage under the Railway and Motor Vehicle Liability Act (BGBl 1959/48, as amended).
10.7. 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 users' contractual relationship with Pave Commute.
10.8. Within the scope of the Employer Features, Pave Commute acts on behalf of the respective employer. Pave Commute accepts no liability whatsoever incurred by the user as a result of the employer's conduct in connection with Employer Features.
11.1. The user is entitled to a warranty right in accordance with the statutory provisions, in particular the Consumer Warranty Act (BGBl I 2021/175 as amended). A warranty right of the user existing beyond the mandatory legal standards is expressly excluded.
11.2. According to the current state of the art, there is no procedure that can guarantee the freedom from errors of software. Consequently, Pave Commute cannot guarantee that the app or the underlying software is completely error-free.
11.3. The contractual services of Pave Commute are created according to the state of knowledge of experienced experts. Changes to the Contractual Services in comparison to the original Contractual Services, which the User agrees to by way of downloading and installing updates, do not result in any defectiveness of the Contractual Services.
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 Pave Commute as far as possible and reasonable and within a reasonable time.
11.5. Pave Commute 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), between users and third-party benefit providers or users and employers linked to them. Consequently, Pave Commute is not liable for any defects in connection with such contracts and agreements.
12. Contract duration and termination
12.1. By registering the User, Pave Commute and the User enter into a contract for the use of the app for an indefinite period. The User and Pave Commute are entitled to terminate this contractual relationship at any time, whereby the right to terminate on the part of Pave Commute 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 is effected by deleting the user account under the settings or by written declaration to Pave Commute (e.g. by e-mail to email@example.com). The termination by Pave Commute is made in writing by e-mail to the last e-mail address provided by the user.
13.1. In connection with the use of the app, some personal data of the user (e.g. name, email address) will be processed. Pave Commute undertakes, as the data protection controller within the meaning of Art 4 No. 7 of the General Data Protection Regulation ("GDPR"), to comply with the legal provisions of data protection, in particular the GDPR, and to impose compliance with these provisions on its vicarious agents and employees.
13.2. Insofar as Pave Commute acts as a processor within the meaning of Art 4 number 8 DSGVO (for Employer Features), Pave Commute has an agreement pursuant to Art 28 DSGVO with the data controller within the meaning of Art 4 number 7 DSGVO.
14. Choice of law, place of jurisdiction, place of performance
14.1. All disputes between Pave Commute and its users shall be governed exclusively by Austrian law, to the exclusion of the UN Convention on Contracts for the International Sale of Goods and the conflict-of-law rules of private international law. This does not apply insofar as the user would thereby be deprived of the protection granted 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 Pave Commute 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 bring an action at any other statutory place of jurisdiction.
14.3. For all actions brought against a user of Pave Commute due to disputes arising from the contractual relationship, one of the domestic courts in whose district the user has his or her residence, habitual abode or place of employment shall have jurisdiction. For users who are not domiciled in Austria at the time the contract is concluded, the statutory courts of jurisdiction shall apply.
14.4. Unless otherwise agreed in writing, the place of performance for contractual services by Pave Commute shall be its registered office.
15. Final provisions
15.1. Amendments, supplements and ancillary agreements to these GTC must be made in writing to be effective. This shall also apply 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 shall be any natural or legal person different from the Parties in the legal sense, even if legal and/or economic relations should exist with such a person.
1. Attachment ./1
Description Scope of functions App (for users)
The Pave Commute app ("App") is used for planning daily routes of users ("Users") to their employer, university or other places. A necessary prerequisite 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 be able 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 addresses, the app calculates route recommendations to workplaces or other regularly visited
locations for each day.
Onboarding and the information requests it contains are constantly being developed and improved on the basis of internal findings on the part of Pave Commute, so that users can be provided with a high-quality service.
2. Route recommendations and carpooling
For the (daily) commute, recommendations are made regarding the choice of the most optimal transportation mode for an individual user (e.g., biking, walking, public transportation, 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.
3. Collecting points and redeeming benefits
By using the app for (daily) travel, the user can collect points for mobility behavior on travelled routes (e.g. via location tracking). The prerequisite for collecting points via location tracking is the successful tracking of the user's location and transport mode. This tracking is implemented by the app, but is highly dependent on the respective end device and the permissions granted, in particular the user's respective consent to GPS tracking
The points can be redeemed by the User via the App for benefits of various kinds ("Benefits"; e.g. vouchers, promotional items) provided by Pave Commute or third parties (e.g. companies). The number of points to be credited for a specific mobility behavior as well as conditions for the redeemability of points may be determined by Pave Commute in its sole discretion and may be changed at any time. Which benefits are provided, and which conditions must be met in each case for redemption, is determined autonomously by the provider of the respective benefit. The User has no right to continuous availability of a particular benefit in the App.
The benefits are ranked in the display within the app according to their relevance for the respective user, whereby this is determined by the onboarding results, the user's previous mobility behavior, and the user's location (e.g., greater relevance of benefits that can be activated by cycling for users who primarily commute by bicycle). The activation of a benefit requires the fulfillment of minimum criteria defined by the respective provider. Once a benefit has been activated, it can be redeemed in exchange for points collected in the app by clicking the redemption button. In the event of a redemption, Pave Commute forwards the information relevant for checking the redemption eligibility and processing the redemption between the user and the customer. The further processing of the redemption of the benefit takes place in the relationship between the user and the respective provider.
4. Linking with employers (optional)
In order to be able to use additional features, the app offers users the option of linking themselves to their employers. If a user uses his or her company email address to register in the app and the user's employer has stored the company's own email domain in the app, the user automatically receives a link proposal, which he or she can accept by confirming the link proposal. Alternatively, users can manually link their account to their employer by selecting it from the list of available employers.
The linking service provided by Pave Commute is only possible if the User's employer uses the app as a corporate customer. The contract between the User and Pave Commute does not establish any claim of the User to linking with employers who do not use the App or with employers who do not have a contractual relationship under employment law with the User. Pave Commute is not obligated to verify the existence or non-existence of an employment relationship between User and an Employer available in the App, but will make the link exclusively on the basis of and in the event of a match between the information provided by Employee and Employer in this regard.
In the case of a link, the user gains access to a number of other benefits and app features: Through linking, aggregated data about the user's work-related mobility behavior can be shared with the employer, and the user can earn special points that can be redeemed for employer benefits. Users linked to the employer can also form targeted chat groups as well as carpools with their work colleagues using the shift plan connection (see point 5), and unlock and redeem benefits that the employer provides exclusively for its employees. Which benefits are provided and which conditions must be fulfilled in each case for redemption is determined autonomously by the employer. The user has no right to continuous availability of a specific benefit in the app.
The link between the user and the employer can be removed by the user at any time via the app settings. Furthermore, the employer can also unilaterally terminate the links with a user at any time. Pave Commute is not obliged to verify the actual existence or non-existence of an employment relationship between the User and the Employer.
5. Shift plan connection (optional)
For users linked to the employer, the shift plan connection is available as a special feature. Employers can use this tool to enable their employees to automatically plan their commute to work according to their daily working hours and thus organize company-internal car pools to increase sustainability in the company. The shift plan connection can be used to optimize the planning of commuting routes, especially for employees with daily (or weekly) changing or irregular daily working hours, and to optimize the company's own mobility behavior.
If the employer uses the shift plan function, users linked to the employer, for whom the employer activates the shift plan function by uploading the shift plan, can connect to their shift plan when setting their working hours. By connecting to the shift schedule, the user will henceforth receive specific suggestions for planning their commute to work. The connection to the shift plan can be terminated by the user at any time. Furthermore, the shift plan connection is terminated if the employer does not continue to provide or use the shift plan connection for this employee.
The User has no claim against Pave Commute for shift schedule connectivity. Pave Commute provides users with the shift plan feature exclusively on behalf of the respective employer and subject to the user being linked to his employer (point 4) and the employer using the shift plan connection feature.