1.1. Parties and subject matter of the contract
These General Terms and Conditions (GTC) govern the legal relationship between ThinxNet GmbH, Blutenburgstr. 18, 80636 Munich, Germany (hereinafter referred to as "we"/"us") and our customers (hereinafter referred to as "you") with regard to the provision of the free ryd application and the use of your data by us.
1.2. Conclusion of the agreement
If you enter your e-mail address when creating a ryd user account and click on "Continue", a free contract will be concluded in accordance with these terms and conditions regarding the use of ryd app.
2.1. Range of functions ryd app
The ryd app provides you with an overview of fuel prices (currently not available in every country) and the option of recording your fuel costs, as well as other car-related functions where applicable. As an option, ryd pay gives you the option of purchasing and paying for fuel and goods at certain petrol stations directly via the ryd app. The conditions for ryd pay apply to these transactions. You can find details of the range of functions available on the ryd app on our website.
2.2. Display of petrol station and fuel price data
When displaying petrol station and fuel price data in the ryd app (address, opening hours, prices for Super E5/E10 and diesel /B7), our service consists of displaying the corresponding data from the transmitting public authorities (e.g. in Germany Markttransparenzstelle), of OpenStreetMap and the petrol station operators. We are not responsible for the correctness and topicality of the data and do not assume any liability in this respect.
2.3. Changes in services
We reserve the right to further develop the ryd application and the services offered by ryd and to make changes for good cause. Such reason exists in particular if the change is necessary due to (i) a necessary adaptation to a new legal situation or jurisdiction, (ii) changed technical conditions (e.g. new operating system environment), or (iii) the protection of system security. In addition, we may also discontinue individual additional functions. However, we will not make any changes that would unreasonably shift the contractual balance between us and you at your expense.
2.4. Right of use ryd app
Unless otherwise agreed, we grant you the simple, i.e. non-exclusive, free, worldwide, non-transferable and non-sublicensable right to install and use the ryd app on your end devices (smartphone, tablet, etc.) within the framework of these general terms and conditions.
2.5. Third party software / open source software and external web services
3.1. Subject matter of the contract
The following provisions apply when using the ryd pay functionality. With ryd pay you can purchase certain goods and services (in particular fuel, petrol station shop goods and car washes) at ryd pay acceptance points (e.g. petrol stations) and make cashless payments.
3.2. Conclusion of the contract
A free contract for the use of ryd pay comes into effect when you complete the set-up process for ryd pay in the ryd app and a positive confirmation message is displayed in the app. In order to register, we require in particular your name, address and payment details.
3.3. Individual contracts for the purchase of goods and services
3.3.1. Formation of the contract. When you have selected goods and services at an acceptance point , decide to use ryd pay and successfully complete the ryd pay process within the ryd app, an individual contract for the purchase of the goods or services is concluded between you and us. The successful conclusion is indicated to you in the app by a confirmation and you will also receive an e-mail with the corresponding invoice. Deliveries and services of the acceptance point are carried out in the name and for the account of ThinxNet GmbH. You can find a list of the points of acceptance at https://www.ryd.one/mobiles-bezahlen/.
3.3.2. Conditions of use. Prerequisites for the use of ryd pay are:
184.108.40.206. Your smartphone with the ryd app installed and successfully registered for ryd pay is located in the immediate vicinity of the acceptance point that has the goods or service ready for you (approx. 50 metres),
220.127.116.11. your smartphone has Internet access (e.g. mobile data tariff, WLAN), and
18.104.22.168. the location of your smartphone or the ryd box works (GPS reception).
22.214.171.124. You are entitled to use the Site in accordance with clause 6.6.
3.3.3. No obligation to conclude a contract. Neither you nor we are obliged to conclude individual contracts. In particular, you cannot make any claims against ryd in the event of supply problems and/or technical difficulties with ryd pay. Furthermore, we do not owe the availability of ryd pay.
3.3.4. Limitation. We reserve the right to set an individual limit for the purchase of goods and other services, which limits the value per time unit of goods or services that can be purchased via ryd pay. We publish the limit on our website and may change it at any time. We reserve the right to refuse delivery at any time if it exceeds the set limit, either individually or together with deliveries already made but not yet invoiced or amounts not yet paid.
3.3.5. Content of individual contracts. The acceptance point is not entitled, with effect for us and at our expense, to agree on extensions to the statutory scope of performance or liability or deviations from these terms and conditions to ryd pay or to issue guarantees with effect against us.
3.3.6. Termination of the ryd pay process. If the ryd pay payment process is not successfully completed, you will need to go to the cashier at the acceptance point and pay for the fuel you have filled up or any other goods and services you have already purchased at the acceptance point
3.4. Payment and Billing
3.4.1. Prices. For goods and services purchased via ryd pay, the prices to be paid are those indicated at the acceptance point at the time of purchase or purchase. Our claims are due for payment immediately after conclusion of the individual contract. There are no shipping costs.
3.4.2. Invoicing. We regularly invoice our claims against you in respect of goods and services purchased via ryd pay. Invoicing is done in euros. You will only receive an electronic invoice, which we will send you via e-mail.
3.4.3. Auditing. You must check our invoices without delay and notify us of your objections within eight weeks of the invoice date at the latest. In doing so, you must state the invoice items and the reason for the complaint. Unobjected invoices shall be deemed accepted, unless you were not able to check the invoice through no fault of your own. We will point out this effect of your silence separately on the invoice.
3.3.4. Payment methods. You can pay by credit card or PayPal. Payment with fleet cards is also being planned and will be introduced soon.
a) Credit card. If you decide to pay by credit card, your payment data will be recorded by one of our payment service providers, customweb GmbH, Winterthur (CH), Concardis GmbH, Eschborn or Mastercard Payment Gateway Services Ltd, London (UK). The processing is carried out by Concardis GmbH, Eschborn or Elavon Financial Services DAC, Loughlinstown, Co. Dublin (IRL). We ourselves do not store any credit card data.
b) PayPal. If you choose to pay by PayPal, the payment will be processed by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A.
The invoice is issued in our name, the billing is done by the payment service provider you have chosen. You can find out which personal data is processed in this connection in our data protection information.
3.4.5. Data Modification.
You must notify us immediately of any changes to your name, address and payment details.
3.5. Delay in Payment
3.5.1. Suspension If you are in arrears with payments made with the ryd pay functionality, we reserve the right to suspend the ryd pay functionality of your ryd app until such time as the delay is rectified.
3.5.2. Return debit note. In case of a return debit note, especially in case of insufficient funds, wrong or invalid bank data or objection, you must reimburse us the arising return debit note fee increased bya corresponding processing fee.
3.5.3. Other claims. We reserve the right to claim further damages caused by delay including interest in accordance with the statutory provisions.
3.6. Authorisation of use
3.6.1. Prerequisite for Authorisation of use. You may only use ryd pay if
126.96.36.199. the ryd account has been created in your name,
188.8.131.52. you have deposited a valid means of payment,
184.108.40.206. the ryd pay registration with your details has been completed and the account or credit card is in your name or you are otherwise authorised to dispose of the account or credit card, and
220.127.116.11. You are the permanent authorised owner of the smartphone on which the ryd app is located.
3.6.2. Passing on the smartphone. If you give your phone to someone else, you must ensure that they do not use ryd pay (e.g. uninstall the app).
3.7.1. Liability in case of misuse. You will be liable for any use or misuse of ryd pay in breach of contract unless you have taken all reasonable precautions against the use of ryd pay in breach of contract.
3.7.2. Precautions against misuse. You are obliged to take reasonable precautions against the misuse of ryd pay on your smartphone. In particular, you must set up effective access protection for the ryd app (e.g. PIN protection for your smartphone). You must also inform us immediately if there is a concrete danger that ryd pay may be used by unauthorised persons (e.g. if your smartphone is lost).
3.8. Retention of title
3.8.1. Retention of title. We reserve title to the respective goods and services until all claims arising from the business relationship have been met in full, including claims arising in the future also from contracts concluded at the same time or later as well as balance claims from current accounts with you ("reserved goods").
3.8.2. Power of disposal. You are entitled to sell the reserved goods in the ordinary course of business. We are entitled to revoke this authorisation to sell by means of a declaration if you are in default with the fulfilment of your obligations to us and in particular with your payments or if other circumstances become known which make your creditworthiness appear doubtful.
3.9. Warranty (Liability for defects) / Notification of defects
3.9.1. Notification of defects. Complaints due to defects in the goods and services must be reported in writing immediately in case of recognisable defects, at the latest within 24 hours of acceptance of the goods or services, and in the case of non-detectable defects within 24 hours of discovery of the defect. You must send the notification of defects to us and at the same time inform the respective acceptance point.
3.9.2. Remedy of defects. In the event of defects, we provide a warranty on the basis of the applicable legal regulations in accordance with the following provisions.
3.9.3. Against point of acceptance. Irrespective of any claims for defects you may have against us, you are first obliged to assert your claims for defects - if you wish, with our support - against the point of acceptance. For this purpose, we hereby assign to you our own claims for defects against the acceptance point and you hereby accept this assignment. We are obliged to support you in asserting your claims for defects against the acceptance point.
3.9.4. Content of the claims for defects. If the enforcement of the claims for defects against the acceptance point fails, we shall remedy the defect by another acceptance point or deliver a defect-free item or provide a service (subsequent performance). We or the relevant acceptance point shall choose the appropriate type of subsequent performance, taking into account proportionality; this also applies to sales law. If the supplementary performance fails, whereby you generally grant two attempts at supplementary performance, you may withdraw from the relevant individual contract or reduce the purchase price or remuneration, in case of a contract for work and services you may also remedy the defect yourself against reimbursement of the expenses. The limitation of liability in section 3.11 applies to claims for damages due to defects.
3.9.5. Statute of limitations. If you are not a consumer (e.g. you use ryd pay mainly professionally), claims for defects become time-barred within twelve months. This does not apply in the case of claims for defects in cases in which the law defines a mandatory liability (e.g. in cases of fraudulent intent).
You may only offset claims other than your contractual counterclaims from the respective legal transaction concerned or assert a right of retention if this claim is undisputed by us or has been legally established.
3.11. Limitation of liability
For the avoidance of doubt, the limitations of liability contained in the ryd app Terms and Conditions apply in full.
3.12. Contract period
The agreement to use ryd pay in accordance with these terms and conditions can be terminated by you and by us at any time without giving reasons and without notice. Please contact our support team for this purpose ([email protected]). The right to extraordinary termination remains unaffected. Payment claims already accrued from individual contracts remain unaffected by the termination.
4.1. Personal data
In return for our services, you hereby grant us the free, worldwide, time-unlimited, simple (non-exclusive) right to store and evaluate your driving, vehicle and location data in order to send you individual offers on our products and the products of our cooperation partners within the ryd app, by e-mail or by push message on your terminal device. This does not include the right to pass on your personal data to our cooperation partners or other third parties. To the aforementioned extent you also agree to the processing and use of your personal data.
Vehicle data is the data you enter in the ryd app (e.g. car manufacturer and model). Location data means the location recorded to indicate nearby petrol stations and the location recorded when using ryd pay. We may analyse this data, for example, to send you offers from shops in your area or to determine your interest in certain services. You can revoke the granting of these rights at any time with effect for the future by terminating your contract with us and uninstalling ryd app.
4.2. Right to anonymous evaluation
In addition to the above-mentioned rights, you hereby also grant us the free, worldwide, time-unlimited, simple (non-exclusive) and irrevocable, as well as transferable and sublicensable right to use your data in a non-personal (i.e. anonymised) form for evaluations and to exploit these evaluation results economically.
5.1. ryd user account
To set up a ryd user account we need your e-mail address and your full name. You must notify us immediately of any changes to this information. You must keep the access data for your ryd user account secret and it is prohibited to make your ryd user account or access data available to third parties.
5.2. E-mail address
You must provide ryd with a current e-mail address and check your inbox regularly. We may send you all relevant declarations and notifications via this e-mail address.
5.3. Use for own vehicle
You can also use the app without a vehicle.
To use the functionalities of the ryd app you will need the latest version of the ryd app.
5.4.1. System requirements. ryd app: You can find the requirements for your device on our website in the Help Centre (https://support.ryd.one/hc/)
6.1 No disclosure
We will only pass on your personal data such as name, address and location data to our cooperation partners if you expressly agree to the passing on of such data again when using an offer of the cooperation partner. Ein unentgeltlicher Vertrag über die Nutzung von ryd pay kommt zustande, wenn Du in der ryd app den Einrichtungsprozess für ryd pay abschließt und Dir in der App eine positive Bestätigungsnachricht angezeigt wird. Für die Registrierung benötigen wir insbesondere Deinen Namen, Deine Anschrift und Deine Bezahldaten.
6.2. Use of your data
Part of our offer is that we use your vehicle and location data to show you tailor-made offers. For this purpose, you grant us the appropriate rights to your data (for details see section 4).
6.3. Data protection information
We provide the ryd app free of charge. Insofar as you receive services free of charge, the statutory provisions on loan apply, i.e. in particular, our liability for defects is limited to fraudulent intent pursuant to § 600 BGB (German Civil Code), liability is limited to intent and gross negligence pursuant to § 599 BGB and the shortened limitation period of six months pursuant to § 606 BGB applies.
8.1 Exclusion in certain cases
Unless otherwise provided for in Section 8.3, we shall be liable within the scope of the statutory provisions for damages to the extent that such damages were caused by us intentionally or through gross negligence, or were caused by us through slight negligence and are attributable to material breaches of duty which endanger the achievement of the purpose of this contract or to the breach of duties the fulfilment of which makes the proper execution of this contract possible in the first place and on the observance of which you may rely (cardinal breach of duty).
In all other respects, our liability is excluded irrespective of their legal basis, unless we are compulsorily liable by law, in particular due to injury to life, body or health of a person, assumption of an express guarantee, fraudulent concealment of a defect or under the Product Liability Act.
8.2. Liability Cap
In the case of clause 9.1 sentence 1 letter b) (slightly negligent breach of cardinal obligations), our liability is limited to the damage typically foreseeable for a contract of this type.
8.3. Services free of charge
Notwithstanding clauses 8.1 and 8.2, our liability is limited to intent and gross negligence for damage caused in the course of providing our services free of charge, i.e. in the provision of ryd app.
8.4. Our employees and representatives
The limitations of liability in sections 8.1 to 8.3 also apply to claims against our employees and agents.
9.1. ryd app
9.1.1. Indefinite term and terminability at any time. This contract is concluded for an indefinite period and can be terminated by you and by us at any time without giving reasons. If you terminate, you do not have to observe any period of notice. In the event of termination by us, a notice period of two weeks applies
9.1.2. Extraordinary termination. The right to extraordinary termination shall remain unaffected.
We hereby inform you that, in addition to address verification, we use information on your previous payment behaviour and probability values for your future behaviour, which are calculated on the basis of address data, among other things, for the purpose of deciding on the establishment, implementation or termination of the contractual relationship with ryd pay or ryd box. We obtain this information via creditPass, Mehlbeerenstraße 2, 82024 Taufkirchen from the following provider: Intercard AG, Mehlbeerenstr. 2, 82024 Taufkirchen. Further information, including information about the provider and the possibility of self-disclosure, is available at: http://creditpass.de/service/datenschutz/.
11.1. Amendment of the General Terms and Conditions. We are entitled to change these general terms and conditions
We will inform you of the planned change and the content of the new General Terms and Conditions at least six weeks before they take effect. The amendment will be deemed to have been approved if you do not object to us within six weeks of receiving this information. We will inform you of this effect of silence in the notification of change. If you object to the change, the contract ends automatically when the new GTC come into effect. We will also draw your attention to this in the notification of change.
11.2. Applicable law
This contract and all disputes arising in connection therewith shall be governed exclusively by German law, excluding the UN Convention on Contracts for the International Sale of Goods. The choice of law shall not apply if and to the extent that this would result in customers who conclude the contract for purposes which can predominantly be attributed neither to their commercial nor self-employed professional activity ("consumers") being deprived of the protection granted to them by those provisions from which, according to the law which would be applicable under Art. 6 para. 1 of the Rome I Regulation in the absence of a choice of law, may not be deviated from by agreement.
11.3. Place of jurisdiction
If you are a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction shall be our place of business (currently Munich). However, we shall remain entitled to bring an action at your registered office.
11.4. Severability. Should individual provisions of this contract be or become invalid, the validity of the remaining provisions shall not be affected.
Status October 2020