For use of the COBI.bike App, between COBI.bike GmbH (hereafter named COBI.bike) and the user.
With the COBI.bike App, COBI.bike provides the user with a platform which deals with topics concerning cycling and where content such as routes, duration and so on can be provided by COBI.bike and by the users. In this respect, COBI.bike provides the technical platform only. The service from COBI.bike works via a mobile phone in connection with the COBI.bike Hub.
1. Usage, Availability and Termination of Use
Furthermore, the features of the App differ according to whether it is being used with a standard pedal bike, or with an eBike. The content of the App may be represented by text, graphics, images, video or audio. The content may come from COBI.bike, or from our partners, or have been created by users.
In addition to the free content, the user also has the possibility to unlock various extra features. This enhanced functionality is available to the customer when activated by a one-off payment or via subscription. Details of the enhanced features and the current prices and subscription models for these are available on the website www.cobi.bike or via the Google and Apple App stores. All prices quoted include tax.
COBI.bike’s offer is aimed at both consumers and businesses. A consumer is considered to be any person entering into a transaction for their own and non-commercial purpose. Use of the COBI.bike App for industrial or any other commercial purpose is permitted.
Anybody wanting to use the COBI.bike App must first be registered. The user will not be charged for registering. The opening of a user account between the user and COBI.bike constitutes a contract without an expiry date.
To use the App it is necessary to create a user account and login via the COBI.bike Hub. After logging in via the COBI.bike Hub the user is able to use the App in connection with the Hub. The user is obliged to enter full and correct registration details, and to keep these details up-to-date. The user is also obliged to protect these details from use by a third party and to refrain from passing these details along to a third party.
COBI.bike will endeavour to ensure the on going usability of the platform in so far as it can influence this. COBI.bike is under no obligation to provide continual availability of the platform content. COBI.bike accepts no responsibility for the accuracy of the information available via the App, regardless of whether the content comes from COBI.bike or from a third party.
2. Prohibited Content and Usage
Besides the features developed by COBI.bike, the App also interfaces with various external services such as Telenav Scout and AccuWeather. Accordingly, content about COBI.bike may be displayed via our interface but is created by external providers.
The following use of our App and/or user-created content is not permitted and may lead to the immediate suspension of the user. The consequences for such action are entirely at the discretion of COBI.bike.
Prohibited are: any posts, content and /or action which:
- Contain illegal pornographic or otherwise offensive material which contravenes the child protection policy, also
- Any contribution which damages the private or business reputation of any person.
Also forbidden is:
- Any violation of copyright or trademark held by a third party.
- Any form of discrimination against others.
- The uploading of software with the intention to spy on, attack or in any other way damage COBI.bike or its users, as well as
- Any type of unsolicited advertising
Each user is obliged to adhere to the basic rules of courteous behaviour. Insults and personal attacks of any kind will be deleted from COBI.bike, regardless of whether the attacks are directed against the platform operator, other users or third parties. The same applies to all posts that violate the law. COBI.bike reserves the right to remove posts without explanation.
3. Copyrights, Usage Rights, Patents and Trademarks
In publishing content via the COBI.bike App interface (e.g. routes from external provider Strava), the user agrees that their published content and files on the App may be made publically available. Should the user be unclear about the copyright situation of their content, this content should remain unpublished.
In the event that COBI.bike becomes subject to legal action taken against it by a third party as a result of content published via the App interface, then the user is obliged to indemnify COBI.bike against such claims and to assume any costs associated with this.
Content created by COBI.bike or its partners is protected by Copyright. All rights to the content are reserved and protected by copyright and other intellectual property laws. The content may not by copied, distributed, altered or made available to third parties without prior consent from COBI.bike and/or its partners. The trademarks from COBI.bike and its partners must be observed.
Any violation of the aforementioned terms will be prosecuted by COBI.bike and any damages found to have been caused by violations by the user must be reimbursed by the user, including any legal costs incurred.
4. Defects, Warranty and Liability
Statutory legal rights apply for claims due to defects. The rights of the consumer remain unaffected.
COBI.bike provides no guarantee that the result desired by the user will be achieved by using the App. COBI.bike does not guarantee concrete success. For example, the pre-calculated journey time can vary according to factors beyond control such as the physical condition of the individual user, or traffic conditions. This means that the results for different people at different times may vary greatly despite using the App in the same way. This also applies to additional features such as the weather forecast from AccuWeather, as this is from an external provider.
COBI.bike is liable for damages resulting from injury to life, limb or health which occur as a result of breach of duty by COBI.bike or a legal representative or agent of COBI.bike, and for damages resulting from COBI.bike lacking the condition guaranteed or from fraudulent behaviour. Furthermore COBI.bike accepts unlimited liability for damages caused by COBI.bike or representatives or agents of COBI.bike either intentionally or through gross negligence. Liability under the Product Liability Act remains unaffected. In all other cases, COBI.bike's liability as well as the liability of our legal representatives or agents shall be excluded.
COBI.bike assumes no responsibility or liability for any legal relations between users. COBI.bike will not act as contractual partner in the case of a contract negotiation about the platform between two users or a user and a partner and is not liable should a user breach such a contract.
The personal data provided by the user in the user account will not be passed by COBI.bike to a third party without prior consent or unless legally required.
5. Personal Data
7. Severability Clause:
Should one or more of these terms become invalid or void, the remaining terms shall remain unaffected. The invalid or void term shall be deemed replaced by the term that most closely represents the sense and purpose of the term which has been declared invalid or void.
8. Governing Law:
If the user is a consumer then German law applies, so long as there is no conflict with legal regulations, in particular Consumer Protection Regulations, in the country where the user resides.
9. Supplier Information
Name: COBI.bike GmbH
Address: Solmsstraße 4, 60486
Managing Directors: Andreas Gahlert, Dr. Gregor Dasbach
USt-IdNr.: DE 296 148 605