CONDITIONS

GENERAL TERMS AND CONDITIONS OF USE of RLE MOBILITY GmbH & Co. KG for the use of the NOVA-App (ANB), as of: April 2021

1. Scope of application

(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 Terms of Use, which the User accepts upon registration in the NOVA App. The GTC thus become an integral part of the usage agreement between the User and RLE MOBILITY GmbH & Co. KG (“RLE”). In the event of updates to these GTC during the term of the user contract, the users will be notified of these updates with the request to agree to the updates.
(2) General Terms and Conditions of the User shall not apply, even if RLE does not expressly object to their application in individual cases. Even if RLE refers to a letter containing or referring to the User’s General Terms and Conditions, this shall not constitute an agreement with the validity of the User’s General Terms and Conditions.
(3) The GTC exclusively regulate the use of the NOVA App for the purpose of the technical processing of the registration as well as the User’s access to third party premises or the User’s participation in third party events (the “Operator”) within the scope of the registration and access concept of the respective Operator, including the collection of data of the User which are required for the fulfillment of legal obligations of the respective Operator for contact tracking in case of stays in its premises or participations in its events. The conditions for registration and access of the User to the premises or events of the Operator are determined solely by the Operator and are not the subject of these Terms and Conditions.ANB, but of the respective legal relationship between the User and the Operator. The processing of personal data of the User by RLE, which the User provides in the NOVA App for the aforementioned purposes, shall be carried out in accordance with the data protection information of RLE (https://nova-app.de/datenschutz).

2. Conclusion of contract and modalities of useen

(1) With the successful registration of the User in the App, during which he enters certain contact data, and gives his consent to these GTC, a contract of use is concluded between the User and RLE. The use of the NOVA App is free of charge for the User. The User has the choice to create a User Account or to use the NOVA App as a guest (Guest Account).
(2) The use of the NOVA App is only permitted to persons who have reached the age of 16. Insofar as the NOVA app is used to process registrations and access authorizations of children and adolescents under the age of 16 for a venue or event of an Operator, the respective custodian must register as a user and create the child or adolescent as a participant in his or her user account.
(3) After successful registration, the NOVA app generates a user-specific QR code that the user can use to prove his identity for access to premises or events at the respective operators on site. For this purpose, the user must present the QR code on his mobile device to the operator, and the operator scans the QR code.
(4) Alternatively, operators have the option of providing an operator QR code with a location code on site at their premises if they apply their respective access and participation management concept using the NOVA app. This operator QR code can scanned by the user with his mobile device in order to check in with the operator. After entering the operator QR code, the layout of the NOVA app for the respective event or venue can adapt to the layout of the respective operator, if necessary.
(1) For the access and participation control according to the above clauses (3) and (4), the User requires an Internet-capable mobile end device on which he has downloaded mobile NOVA App or which has access to the web browser-based version of the Nova App (e.g. a smartphone, tablet, or similar). In addition, the use of the NOVA app requires a working internet connection of the mobile device. The speed of use of the NOVA App depends on the speed of the Internet connection used. The provision of an internet connection is not part of this user contract with RLE. If applicable, the User may incur separate costs for the use of the NOVA App on the part of his respective internet or mobile phone provider for the data transmission via the internet.
(5) Insofar as the User does not have a suitable mobile end device for a check-in pursuant to the aforementioned clauses 2 (3) or (4) at the time of the access control at the Operator on site, the User’s check-in by means of the NOVA App can also take place on site at the Operator on an end device of the Operator. The User shall enter his required contact data for this purpose in a check-in form and agree to these GTC. In this case, the Operator shall enable the User to take note of these GTC and the data protection information prior to the conclusion of the contract and shall provide a paper copy of these documents, unless the User agrees to them being sent to an email address provided by him. Upon successful registration and access authorization by the Operator, the User will receive a QR code from the Operator (printed out or in the form of a card, etc.) that references the personal contact data recorded during check-in. This QR code must be returned by the user to the operator when leaving the premises or the event, who will scan it again to document the check-out. This QR code is only applicable for one visit and thus loses its validity after check-out. No personal data is stored on this QR code.
(5) In addition to the collection of the User’s contact data to be provided during registration, the NOVA App offers further functions that enable the User to provide additional information, if necessary, for the implementation of the registration and access procedures of the respective operator (such as uploading a photo for facial recognition during admission control or answering certain health questions for the protection of other persons). The User decides within the scope of his use of the NOVA App whether he wishes to provide the Operator with such additional information for these purposes. In this case, too, RLE processes the User’s personal data exclusively in accordance with RLE’s data protection notices (https://nova- app.de/datenschutz). Whether and under which conditions the Operator grants the User registration or access to the Operator’s premises or events is solely determined by the respective legal relationship between the User and the Operator.

3. Data of the user

(1) In the relationship between the User and RLE, the data which the User enters into his account of the NOVA App shall remain the property of the User. The User may view and manage his data stored by him in the NOVA App.
(2) For the duration of the user contract, the user grants RLE and its subcontractors a simple, non-transferable, non-exclusive right to use the NOVA-App. sublicensable and spatially unrestricted right to use the data provided by the User in the NOVA App for the provision and operation of the NOVA App for the contractual purposes, in particular to process, store and transmit the data for these purposes. In this context, personal data of the User shall only be processed and transmitted to third parties in accordance with the data protection notices of RLE.
(1) The User shall ensure and shall be solely responsible for the fact that the data provided by him, in particular also insofar as they are to be provided by the Operators for a legally prescribed contact tracing, are complete and correct and that he is authorized to use them within the scope of the use of the NOVA App for the contractual purposes.
(2) The User is obliged to keep his user name and password for his account safe and not to make them accessible to unauthorized third parties.
1 Authorization of the User
(1) RLE or RLE’s licensors are the owners of all ownership, use and other rights to all copyrights, trademark rights, patent rights, database rights, rights to protected know-how and other intellectual property and proprietary rights to the NOVA App and the systems, databases and terminal equipment of RLE and its licensors connected to it (the “RLE Backend”). Except to the extent expressly provided for in these GTC, the User is not granted any rights to the NOVA App or the RLE Backend.
(2) For the duration of the User Agreement, RLE grants the User a simple, non-transferable and non-sublicensable, spatially unrestricted right to use the NOVA App in accordance with these Terms and Conditions and exclusively for his registration for and access to as well as participation in (or, as the case may be, for that of his children under 16 years of age) events and to use premises conducted or operated by operators registered for the NOVA- App within the member states of the European Union.
(1) The User is prohibited,
– to make the use of the NOVA App available to third parties against payment or free of charge, grant them access to the NOVA App or collect, store or otherwise use data of third parties via the NOVA App (with the exception of children of the User under 16 years of age participating in the Event who are registered as participants in the User’s account);
– to reverse engineer, decompile, disassemble, copy or otherwise attempt to obtain the source code or other trade secrets of or through the NOVA App (RLE will provide any necessary information for interoperability purposes upon User’s request);
– to use the NOVA App in any manner that infringes or violates the rights of RLE or any third party, including rights arising under contract and rights relating to intellectual property or the protection of personal data; or
– to use the NOVA App to store, make available or otherwise use unlawful content or to conduct or solicit unlawful personal, commercial or professional activities.
(3) The provision and maintenance of the technical equipment and additional services required for the use (see section 2(5) above) are the sole responsibility of the User (acquisition, setup, security, virus protection, costs, etc.).

4. Authorization of the User

(1) RLE or RLE’s licensors are the owners of all ownership, use and other rights to all copyrights, trademark rights, patent rights, database rights, rights to protected know-how and other intellectual property and proprietary rights to the NOVA App and the systems, databases and terminal equipment of RLE and its licensors connected to it (the “RLE Backend”). Except to the extent expressly provided for in these GTC, the User is not granted any rights to the NOVA App or the RLE Backend.
(2) For the duration of the User Agreement, RLE grants the User a simple, non-transferable and non-sublicensable, spatially unrestricted right to use the NOVA App in accordance with these Terms and Conditions and exclusively for his registration for and access to as well as participation in (or, as the case may be, for that of his children under 16 years of age) events and to use premises conducted or operated by operators registered for the NOVA- App within the member states of the European Union.
(1) The User is prohibited,
– to make the use of the NOVA App available to third parties against payment or free of charge, grant them access to the NOVA App or collect, store or otherwise use data of third parties via the NOVA App (with the exception of children of the User under 16 years of age participating in the Event who are registered as participants in the User’s account);
– to reverse engineer, decompile, disassemble, copy or otherwise attempt to obtain the source code or other trade secrets of or through the NOVA App (RLE will provide any necessary information for interoperability purposes upon User’s request);
– to use the NOVA App in any manner that infringes or violates the rights of RLE or any third party, including rights arising under contract and rights relating to intellectual property or the protection of personal data; or
– to use the NOVA App to store, make available or otherwise use unlawful content or to conduct or solicit unlawful personal, commercial or professional activities.
(3) The provision and maintenance of the technical equipment and additional services required for the 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% per calendar month. When measuring the achieved availability, periods of non-availability resulting from problems for which RLE is not responsible (e.g. caused by the Internet, actions or failure of systems of third parties who are not vicarious agents of RLE or due to force majeure pursuant to clause 7 (6)), shall not be taken into account. As far as possible (i.e. unless the work has to be carried out at such short notice due to unforeseen circumstances that prior notification is not possible), RLE shall notify the Customer in the NOVA App at least 72 hours in advance (e.g. by displaying corresponding notifications when logging into the NOVA App or by e-mail) of any maintenance work which does not only insignificantly affect the functionality of the NOVA App.
(1) On the part of RLE, backups of the data stocks are carried out on a daily basis, disruptions of the system availability and other technical problems can be reported by the User to RLE via nova- app.de/feedback, whereby the User shall verify beforehand that the disruption is not attributable to his area of responsibility.
(2) The NOVA App may be updated and continuously developed over time. RLE may change the NOVA App without prior consent of the User, provided that the change is reasonable under consideration of the interests of the User. In particular, a change is reasonable for the User if it is necessary to adapt the NOVA App to changing conditions with regard to technical developments, security standards, market requirements or legal changes (such as changes to third-party licensing rights that RLE requires for the provision of the NOVA App 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 that may affect User’s access to or use of the NOVA App will be provided to User with at least thirty (30) calendar days in an appropriate form (e.g. by displaying corresponding notifications when logging into the NOVA app or by e-mail). If the User does not agree with the change, he has the right to terminate the User Agreement at any time with immediate effect.

6. Term/ Termination

The user agreement shall run for an indefinite period of time and may be terminated by the user at any time and without giving reasons in electronic form with the function “delete account” or, in case of a guest account, with the uninstallation of the app, without observing a period of notice, i.e. with immediate effect.
(2) RLE may terminate the user contract with the User at any time with a notice period of thirty (30) days duly by e-mail. In addition, RLE may terminate the user contract with the User without notice for good cause by e-mail. An important reason for termination without notice exists, in particular, if there is a suspicion based on facts that the User violates these GTC and the User does not remedy this violation and its consequences within a reasonable period of time set by RLE after receipt of a warning by RLE. A warning or setting of a time limit is not required if this obviously does not promise success or if an immediate termination is justified due to special circumstances under consideration of the interests of both parties. In case of termination by the User or RLE, the User’s account including all data shall be deleted no later than fourteen (14) days after the termination becomes effective.

7. Warranty, liability for damages, force majeure

(1) Insofar as the User uses the NOVA App as an entrepreneur, the limitation period for any claims for defects shall be one year from the statutory commencement of the limitation period.
(2) Notwithstanding the following provisions in clauses7 (3) to (4), RLE shall be liable for damages caused by RLE, its legal representatives or vicarious agents or futile expenses (together the “Damages”) of the user in accordance with the “Damages”) of the User in accordance with the statutory provisions in case of intent and gross negligence, for the breach of a warranty for characteristics, for injury to life, body or health and for claims for damages based on other mandatory legal provisions, such as the Product Liability Act.
(1) In the event of simple negligence, RLE’s liability for damages shall be limited to the violation of essential contractual obligations as well as to the damages typical for the contract which were foreseeable for the parties upon conclusion of the contract.
An essential contractual obligation (cardinal obligation), is an obligation that is intended to protect such essential contractual legal positions of the user, which the contract is intended to grant him according to its content and purpose, so that their violation endangers the achievement of the purpose of the contract. In addition, these are such obligations whose fulfillment is to enable the proper execution of the contract in the first place and on whose compliance the user may regularly rely and has relied.
(2) Subject to clause 7 (2), in case of loss of the User’s data in the NOVA App, RLE’s liability shall be limited to the typical recovery costs that would have been incurred if the User had properly and regularly backed up the affected data himself.
(3) Otherwise, claims of the User for damages against RLE are excluded.
(4) RLE shall be released from its performance obligations under the User Agreement if and to the extent that the provision of its contractual services is temporarily not possible due to force majeure. Force majeure” shall mean all events and non-performance which are beyond the reasonable control of RLE and which can be reasonably expected by RLE in the course of business. care could not have been foreseen and averted or prevented, such as. war, national emergency, acts of terrorism, civil unrest, other disturbances of public order, disease, pandemics (including Covid-19), quarantine, fire, flood, earthquake, other forces of nature, sabotage by third parties, failure of communication lines, systems and equipment of third parties (who are not vicarious agents of RLE), measures of military authorities or embargoes, as well as orders or actions of foreign, national or local governments (to the extent not caused by an unlawful act or omission of RLE). This shall also apply if such a case of force majeure occurs at a subcontractor or upstream supplier of RLE involved in the performance of services. The release from the obligations to perform shall only apply for the duration of the prevention. In such a case, RLE shall inform the Users (as far as possible) about the prevention via an available communication channel as well as its expected duration.
(1) The above exclusions and limitations of liability shall
-(1) The above exclusions and limitations of liability shall apply to the same extent in favor of the organs, legal representatives, employees and other vicarious agents of RLE.

8. Remuneration

The provision of the NOVA-App is free of charge for the user.

9. Final provisions

(1) If the User has downloaded the NOVA App from the app store of a third party (e.g. the Apple AppStore for iPhone or iPad, the Google Play Store for Android devices, etc.), the respective contractual terms of the app store provider shall apply in addition to these GTC. In the event of contradictions, these T&C shall take precedence over the contractual terms and conditions of the app store.
(2) Should individual or several provisions of the GTC in whole or in part be or become invalid or unenforceable or if there is a gap in these GTC, this shall not affect the validity of the remaining provisions of these GTC. The parties undertake to replace such invalid provision by a valid provision which corresponds to what the parties would have agreed in good faith, taking into account the purpose of the contract, had they been aware of the invalidity of such provision at the time of conclusion of the contract. This shall apply accordingly in the event of loopholes.
(2) If the User is a merchant, a legal entity under public law or has no general place of jurisdiction in Germany, the place of jurisdiction for any disputes arising from the business relationship between RLE and the User shall be Cologne or the registered office of the User, at the discretion of RLE. Cologne shall be the exclusive place of jurisdiction for actions against RLE. Mandatory statutory provisions on exclusive places of jurisdiction shall remain unaffected by this provision.
(3) The relations between RLE and the user shall be governed exclusively by the laws of the Federal Republic of Germany. If the user is a consumer with habitual residence outside the Federal Republic of Germany, the above choice of law shall not, however, lead to the exclusion of the application of mandatory provisions of the consumer law of the country in which the user has his habitual residence.
(4) Alternative dispute resolution for consumers: The EU Commission offers the possibility of voluntary online dispute resolution on an online platform operated by it. This platform can be accessed via the external
link http://ec.europa.eu/consumers/odr/. RLE is not obliged to participate in such dispute resolution procedures and has decided not to do so.