General Terms of Use (TOS)

GENERAL TERMS OF USE of RLE MOBILITY GmbH & Co. KG for using the NOVA app (ANB), as of: April 2021

1. Scope

(1) The use of the NOVA App and the functionalities and services offered via the NOVA App (together the “NOVA App” ) is exclusively based on these GTC, which the user accepts when registering in the NOVA App. The GTC thus become part of the contract of use between the user and RLE MOBILITY GmbH & Co. KG ( “RLE” ). In the event of updates to these GTC during the term of the User Agreement, users will be notified of these updates with a request for their consent to the updates.

(2) The user’s general terms and conditions do not apply, even if RLE does not expressly object to their validity in individual cases. Even if RLE refers to a letter that contains the user’s general terms and conditions or refers to such, this does not constitute consent to the validity of the user’s general terms and conditions.

(3) The GTC exclusively govern the use of the NOVA app for the purpose of the technical processing of the registration and the user’s access to third-party premises or the user’s participation in third-party events (the “Operator” ) as part of the registration and access concept of the respective operator, including the collection of user data, which is required for the fulfillment of legal obligations of the respective operator to track contacts when staying on their premises or participating in their events. The conditions for registration and access by the user to the operator’s premises or events are determined solely by the operator and are not the subject of these GTC, but rather the respective legal relationship between the user and
the operator. The processing of personal data of the user by the RLE, which is provided in the NOVA app for the above purposes, takes place in accordance with the data protection information of the RLE ( https://nova-app.de/datenschutz ).

2. Conclusion of contract and terms of use

(1) With the successful registration of the user in the app, in which he enters certain contact data and gives his consent to these GTC, a user contract is concluded between the user and RLE. The use of the NOVA app is free of charge for the user.

(2) Use of the NOVA app is only permitted to persons who have reached the age of 16. If the NOVA app is to be used to process registrations and access authorizations for children and young people under the age of 16 for an operator’s premises or event, the respective legal guardian must register as a user with their own account and for the child or young person via create a customer account for this account, the functionalities of which are limited and which is managed via the user account of the legal guardian (e.g. with regard to the granting of any necessary consent).

(3) The Nova app also enables the user to add other participants (such as minors or people who do not have their own smartphone) to their user account, stating their first and last names, for access to rooms and events To register operators together with him (so-called “multi-person check-in”). The user assures that he is generally authorized to enter and use the first and last name of these participants in the Nova app and for access to the events and premises selected by the user.

(4) After successful registration, the NOVA app generates a user-specific QR code, which the user can use to prove their identity for access to premises or events at the respective operators on site. To do this, the user must present the QR code on their mobile device to the operator, who scans the QR code.

(5) Alternatively, the operators have the option of providing an operator QR code with a location code on site on their premises if they use their respective access and participation management concept using the NOVA app. This operator QR code can 2 be scanned by the user with their mobile device in order to check in with the operator. After scanning the operator QR code, the layout of the NOVA app for the respective event or location may change. adapt to the layout of the respective operator.

(6) For the access and participation control according to the above paragraphs (3) and (4), the user needs an internet-enabled mobile device on which he has downloaded the mobile NOVA app or which has access to the web browser-based version of the NOVA – has an app (e.g. a smartphone, tablet, etc.). In addition, the use of the NOVA app requires a working internet connection of the mobile device. The speed of using the NOVA app depends on the speed of the internet connection used. The provision of an Internet connection is not part of this license agreement with RLE. When using the NOVAApp, the user may incur separate costs from their respective Internet or mobile phone provider for data transmission over the Internet.

(7) In addition to recording the user’s contact details to be provided during registration, the NOVA app offers additional functions that enable the user to provide additional information for the implementation of the registration and access procedures of the respective operator (such as uploading a Photos for face recognition at admission control or answering certain health questions to protect other people). When using the NOVA app, the user decides whether he or she would like to provide the operator with such additional information for these purposes. Here, too, RLE processes the personal data of the user exclusively in accordance with the data protection notices of RLE (https://novaapp.de/datenschutz). Whether and under what conditions the operator grants the user registration or access to the operator’s premises or events depends solely on the respective legal relationship between the user and the operator. The use of the Nova app does not grant the user any access or participation rights.

3. User data

(1) In the relationship between the user and RLE, the data that the user enters into his NOVA app account remains the property of the user. The user can view and manage the data he has stored in the NOVA app. The deletion of the data stored in the Nova app is regulated in the data protection information of the RLE.

(2) For the duration of the contract of use, the user grants RLE and its subcontractors a simple, non-transferable, non-sublicensable and geographically unrestricted right to use the data provided by the user in the NOVA app for the provision and operation of the NOVA To use the app for the contractual purposes, in particular to process, save and transmit it for these purposes. The user’s personal data will only be processed and transmitted to third parties in accordance with RLE’s data protection notices.

(3) The user ensures and is solely responsible for the fact that the data provided by him, in particular also insofar as they are to be provided by the operator for a legally prescribed contact tracing, are complete and correct and that he is allowed to use them within the scope of use of the NOVA app for the contractual purposes.

(4) The user is obliged to keep his username and password for his account safe and not to make them accessible to unauthorized third parties.

4. User Authorization

(1) RLE or RLE’s licensors own all ownership, usage and other rights to all copyrights, trademarks, patent and database rights, rights to protected know-how and other intellectual property and proprietary rights to the NOVA App and its related products Systems, databases and end devices of RLE and its licensors (the “RLE Backend”). Except to the extent expressly regulated in these GTC, the user is not granted any rights to the NOVA app or the RLE backend.

(2) For the duration of the contract of use, RLE grants the user a non-exclusive, non-transferrable and non-sublicensable, geographically unrestricted right to use NOVAApp in accordance with these GTC and exclusively for his registration and access to and participation in (or if necessary, to use events and premises for his children under the age of 16 and the other persons registered by the user for a multi-person check-in in accordance with Section 2 (3) that are carried out or organized by operators registered for the NOVA app . operate.

(3) The user is prohibited from – making the use of the NOVA app available to third parties for a fee or free of charge, granting them access to the NOVA app or collecting, storing or otherwise using third-party data via the NOVA app (with the exception of the user’s children under the age of 16 participating in the event who are registered as participants with their own sub-account or data of the persons the user uses for the purposes of a multi-person check-in in accordance with Section 2 (3) has collected and stored); – reverse engineer, decompile, disassemble, copy or otherwise attempt to obtain the source code or other trade secrets from or about the NOVA App (RLE will provide any necessary information at User’s request for interoperability purposes); – use the NOVA App in a way that infringes or interferes with the rights of RLE or third parties, including rights under contract, rights relating to intellectual property or the protection of personal data; or – use the NOVA app to store, make available or otherwise use illegal content or to carry out or promote illegal private, commercial or professional activities. (3) The provision and maintenance of the technical devices and additional services required for use (see Section 2(5) above) are the sole responsibility of the user (acquisition, setup, security, virus protection, costs, etc.).

5. Operation and Maintenance

(1) RLE undertakes to provide NOVA-App with an availability of 98% in the calendar month. When measuring the availability achieved, times of non-availability resulting from problems for which RLE is not responsible (e.g. disruptions caused by the Internet, actions or failure of third-party systems that are not vicarious agents of RLE or due to force majeure in accordance with Section 7 (6)), not considered. RLE will notify the customer of maintenance work that impairs the functionality of the NOVA app in a more than insignificant manner (i.e. insofar as the work does not justifiably have to be carried out at such short notice due to unforeseen circumstances that prior notification is not possible) with a lead time of at least 72 hours in the NOVA app (e.g. by displaying corresponding messages when logging into the NOVA app or by e-mail).

(2) RLE performs daily backups of the data stocks; system availability disruptions and other technical problems can be addressed by the RLE user via novaapp. en/feedback, having checked beforehand that the disruption is not due to his area of responsibility.

(3) The NOVA app can be updated and continuously developed over time. RLE may change the NOVA App without the prior consent of the user, provided the change is reasonable taking into account the interests of the user. A change is particularly reasonable for the user if it is necessary to adapt the NOVA app to changed conditions in relation to technical developments, security standards, market requirements or legal changes (such as changes to third-party license rights, the RLE for the provision of the NOVA -App required or changes to laws and regulations), as well as when adding new features, functions or services to the NOVA App for the benefit of the user. Significant changes to the NOVA app, which may affect the user’s access to or use of the NOVA app, will be communicated to the user at least thirty (30) calendar days in advance in an appropriate manner (e.g. by displaying appropriate notifications when logging into the NOVA app or by email). If the user does not agree to the change, he has the right to terminate the contract of use at any time with immediate effect.

6. Term/Termination

(1) The contract of use runs for an indefinite period and can be terminated by the user at any time and without giving reasons in electronic form using the “Delete account” function without observing a period of notice, ie with immediate effect.

(2) RLE can terminate the contract of use with the user at any time with a notice period of thirty (30) days by e-mail. In addition, RLE can terminate the contract of use with the user without notice for important reasons by email. An important reason for a termination without notice exists in particular if there is a factual suspicion that the user is violating these GTC and the user does not remedy this violation and its consequences within a reasonable period of time set by RLE after receiving a warning from RLE. A warning or setting a deadline is not required if this obviously does not promise success or immediate termination is justified due to special circumstances after weighing the interests of both parties. In the event of termination by the user or RLE, the user’s account and all data will be deleted no later than fourteen (14) days after the termination takes effect.

7. Warranty, Liability for Damages, Force Majeure

(1) If the user uses the NOVA app as an entrepreneur, the limitation period for any claims for defects is one year from the start of the statutory limitation period.

(2) Irrespective of the following provisions in Sections 7 (3) to (4), RLE is liable for damage caused by RLE, its legal representatives or vicarious agents or futile expenses (collectively the “damages”) of the user in accordance with the statutory provisions in the event of intent and gross negligence Negligence, for breach of a guarantee for quality features, for injury to life, limb or health and for claims for damages based on other mandatory legal provisions, such as the Product Liability Act.

(3) In the event of simple negligence, RLE’s liability for damages is limited to the breach of essential contractual obligations and to the damage typical of the contract that was foreseeable for the parties when the contract was concluded. An essential contractual obligation (cardinal obligation) is an obligation that is intended to protect such contractual legal positions of the user that the contract is intended to grant him according to its content and purpose, so that breaching them jeopardizes the achievement of the purpose of the contract. In addition, these are such obligations, the fulfillment of which is intended to enable the proper execution of the contract in the first place and on the observance of which the user can regularly rely and has relied.

(4) Subject to Section 7 (2), in the event of loss of user data in the NOVA app, RLE’s liability is limited to the typical recovery costs that would have arisen if the user had properly and regularly backed up the data concerned himself.

(5) Apart from that, the user’s claims for damages against RLE are excluded.

(6) RLE is released from its performance obligations under the contract of use if and to the extent that the provision of its contractual services is temporarily not possible due to force majeure. As “force majeure” all events and non-performance that are beyond RLE’s reasonable control and could not have been foreseen and averted or prevented by the reasonable care to be expected in traffic, e.g. war, national emergency, acts of terrorism, civil unrest, other disruptions of public order, diseases, epidemics, pandemics (including Covid-19), quarantine, fire, flood, earthquake, other forces of nature, sabotage by third parties, failure of communication lines, systems and devices of third parties (who are not vicarious agents of RLE), military measures Authorities or embargoes, orders or acts of foreign, national or local governments (to the extent not caused by an illegal act or omission of the RLE). This also applies if such a case of force majeure occurs at a subcontractor or pre-supplier of RLE involved in the provision of services. The exemption from the performance obligations only applies for the duration of the hindrance. In such a case, RLE will (as far as possible) inform the user about the hindrance and its expected duration via an available communication channel.

(7) The above exclusions and limitations of liability apply to the same extent in favor of the organs, legal representatives, employees and other vicarious agents of RLE.

The provision and use of the NOVA app is free of charge for the user.

9. Final Provisions

(1) If the user has downloaded the NOVA app from a third-party app store (e.g. the Apple AppStore for iPhone or iPad, the Google Play Store for Android devices, etc.), the respective contract terms of the app store apply -provider in addition to these GTC. In the event of contradictions, these GTC shall take precedence over the contract terms of the app store.

(2) Should one or more provisions of the GTC be or become invalid or unenforceable in whole or in part, or should there be a gap in these GTC, this shall not affect the validity of the remaining provisions of these GTC. The parties undertake to replace such an ineffective provision with an effective provision that corresponds to what the parties would have agreed in good faith, taking into account the purpose of the contract, if they had been aware of the ineffectiveness of this provision at the time the contract was concluded. This applies accordingly in the case of loopholes.

(2) If the user is a merchant, a legal entity under public law or does not have a general place of jurisdiction in Germany, the place of jurisdiction for any disputes arising from the business relationship between RLE and the user is, at RLE’s discretion, Cologne or the user’s registered office. Cologne is the exclusive place of jurisdiction for lawsuits against RLE. Mandatory legal provisions on exclusive places of jurisdiction remain unaffected by this regulation.

(3) The relationships between RLE and the user are exclusively subject to the law of the Federal Republic of Germany. However, if the user is a consumer whose habitual residence is outside of the Federal Republic of Germany, the above choice of law does not lead to the exclusion of the application of mandatory provisions of consumer law in the country in which the user has his habitual residence.

(4) Alternative dispute resolution for consumers: The EU Commission offers the option of voluntary online dispute resolution on an online platform operated by it. This platform can be reached via the external link http://ec.europa.eu/consumers/odr/ . RLE has no obligation to participate in such dispute resolution procedures and has chosen not to do so.