Terms of use

Last updated: May 2022

These terms of use apply to the use of twogo. "twogo" is a mobile, cloud-based software solution offered by Schwarz Mobility Solutions GmbH, Stiftsbergstraße 1, 74172 Neckarsulm, Germany, Registry Court Stuttgart, HRB 751331 (the "Provider", "we") developed specifically to meet the needs of commuters as well as for business travel and business trips, and which, together with all of the Provider's associated services ("twogo Services"), is available for use based on a software as a service ("SaaS") model at www.twogo.com and/or in the form of a mobile app in accordance with the following terms and conditions. The terms of use are subdivided into Part A. "General provisions" and Part B. "Special provisions". Part A applies to all users of the twogo Services; Part B applies additionally to employees or independent contractors of our business customers given access to the twogo Services by our business customers for use in their business ("Authorized Users"). These terms of use apply even if the twogo Services are accessed from outside the Federal Republic of Germany, or access to the twogo Services is wholly or partially facilitated by other websites or software applications for mobile devices ("mobile apps").

A. General provisions

1 How the twogo Services work

twogo twogo is a ridesharing service which helps you to organize carpools for your journey to work or for business travel and business trips. You will find further exhaustive and detailed information about the twogo Service here.

2 Terms and conditions are subject to change

The Provider may amend these terms of use at any time on reasonable grounds. Reasonable grounds may include, without limitation, to improve the app's existing functions or features or to add new functions or features, to incorporate the latest scientific or technical developments, to make appropriate technical modifications in order to ensure the functionality or security of the twogo Services, or to implement legal or regulatory requirements. The Provider will notify you in advance of any contract amendments in a manner appropriate to the circumstances (for example, by e-mail). Such notification will include information about the proposed changes and your right to object to the contract amendments, and where to send your notice to this effect. The amendments shall be deemed accepted if you do not object to them within 30 days. All previous versions of the terms of use shall cease to be valid when the contract amendment enters into effect. If you object to the amendments within the prescribed time and it is not reasonable for the Provider to continue the license on the existing terms, the Provider may terminate your license without notice.

3 Registration

3.1 Use of the twogo Services requires successful registration and activation of your user profile.

3.2 You can only register if you have full legal capacity. Minors are not allowed to register. You may only register once and only one user profile may be set up. The user profile may not be transferred to a third party.

3.3 When registering, you are required to provide all of the necessary information truthfully and in full. You must notify us without undue delay of your own accord of any changes to the information provided upon registration, or the information must be changed accordingly to reflect your actual circumstances. You may use your real name and a nickname/pseudonym to set up your user profile.

3.4 We will reserve activation of your user profile until we have completed a review of the registration criteria. There is therefore no entitlement to the grant of a license.

4 Use of the services

4.1 As soon as we have activated your user profile, you may use the twogo Services for the purposes shown in the product overview and to the extent described in greater detail therein. Any other use, modification or copying, distribution or other form of use, including any copying or distribution of the images, illustrations, design and the underlying computer programs and databases is prohibited.

4.2 You must keep your login credentials secret and store them securely so as to prevent third parties from accessing them. You shall ensure that you use a sufficiently complicated password and that you change your password at regular intervals. If you log in to password-protected features, you must log out after every use. You must notify us without undue delay if you become aware that third parties have obtained and/or are misusing your login credentials.

4.3 You are liable for all activities carried out using your login credentials, including user-generated content, unless you can demonstrate that third parties obtained your login credentials without any action on your part.

4.4 We are entitled in the event of any breach of these terms of use:

to issue a personal warning;
to partially restrict your use of the twogo Services; and
to temporarily or permanently block your access to all or certain twogo Services.

The same applies where we have another legitimate interest in taking the aforementioned action, particularly in order to protect other users from fraudulent or unlawful activities.
The action chosen and applied shall be at the Provider's fairly exercised discretion. However, we will have reasonable regard to your legitimate interests. In particular, when weighing up the interests of both parties, we will consider the extent to which you should be considered to be at fault for any breach.

5 Code of Conduct

In order to ensure safety and security and proper use of the service including its functions for all parties concerned, certain rules of conduct must be observed when using twogo. The following is not permitted under any circumstances:

5.1 disclosing your password to a third party or using a third party's user name and password;

5.2 selling, leasing or sublicensing your user profile/your login credentials or the twogo Services or parts thereof;

5.3 removing or modifying copyright notices, trademark symbols or references to other intellectual property rights incorporated in or transferred via the content or the twogo Services;

5.4 circumventing the technologies used by the Provider or third parties to protect the content or the services, in particular by using scraping, data mining, or other automated means to access the twogo service;

5.5 interfering or attempting to interfere with the integrity of the twogo Services or the associated systems or networks or of data contained therein;

5.6 copying, distributing, reproducing, recording or broadcasting the twogo Services or its content or parts thereof or making them publicly available to the extent that such action is not permitted under your license or expressly permitted under the applicable statutory provisions;

5.7 storing, embedding or transmitting malware of any kind;

5.8 generating, broadcasting or distributing user content that is harmful to young persons, defamatory, offensive, discriminatory, threatening, harassing (for example in the form of "stalking"), obscene or otherwise unlawful, or is for the purpose of committing or aiding the commission of an unlawful act, regardless of its nature, including, without limitation, the infringement of intellectual property rights or moral and/or data protection rights.

Provisions for the use of communication options

The Provider can provide you with various communication options for your own content and contributions, which you can use within the scope of the respective availability.

In this respect, the Provider only provides the technical possibilities for the exchange of information. There is no entitlement to the provision of such communication options.

You are prohibited from publishing or distributing content (e.g. images, videos, links, names, texts, words) within the communication options that could

contain software viruses, malware, spyware or other code, files or programs designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment;
violate any applicable law or are immoral;
infringe trademarks, patents, copyrights, other proprietary rights, trade secrets or other rights of third parties;
is unlawful, obscene, abusive, threatening, intimidating, harassing, hateful, racially or ethnically objectionable, or incites or encourages conduct that would be illegal or otherwise inappropriate, including the glorification of violent crime, the endangerment or exploitation of children, or otherwise endangers or interferes with the development of children and young persons;

falsely create the impression of being provided or supported by the Provider;
contain falsehoods, misrepresentations or misleading statements; or
use personal data of third parties without their express consent or use or manipulate such data; or

In the event of any breach of the provisions of this Clause 6, Clause 4.4 shall apply.

6 Intellectual property, reservation of rights

6.1 The Provider is and remains the holder of the copyright and other intellectual property rights inherent in the twogo Services.

6.2 Where the Provider provides the twogo Services as a mobile app to be downloaded to mobile devices, the services are neither sold nor transferred to you, and all rights to copy the twogo Services remain vested in the Provider and its licensors even after installation of the mobile app on mobile devices.

6.3 The twogo Services may be integrated in third party applications and services ("Third Party Apps") and in mobile devices or may interact with them in order to make the twogo Services available. Separate terms and conditions and data protection laws may apply to these Third Party Apps and devices, which may govern the use of these Third Party Apps and devices. The Provider does not warrant the compatibility or continuing compatibility of Third Party Apps and devices with the twogo Services. The Provider has no control over the design and content of such Third Party Apps and therefore does not accept any liability for the behavior, functions or currency, accuracy or completeness of the content or the quality of the Third Party Apps, and expressly distances itself from the content of the Third Party Apps.

7 Restrictions of and changes to the twogo Services

The Provider has no obligation to provide upgrades or updates for the twogo Services, unless they are necessary for the maintenance of the twogo service in accordance with the contract. In particular, it is not responsible for ensuring a certain level of availability of the twogo Services and shall only be liable to you for fraudulently concealed defects, with liability for such defects being governed by the applicable statutory provisions.

8 Notification requirements and indemnity in the event of third party claims

8.1 You will notify the Provider without undue delay to an appropriate extent of all claims brought against you in court proceedings or out of court on the grounds of an alleged infringement of third party copyright or other intellectual property rights as a result of your use of the ordered twogo Services ("Actions for Infringement"). In such cases, the Provider will assume management and coordination of all activities in and out of court to defend such Actions for Infringement. However, you will provide reasonable assistance to the Provider for the purpose of settling and/or defending the Actions for Infringement and refrain from any activities that may adversely affect any legal defense. If the Provider does not assume management of the legal defense within thirty days of receiving notice of the Action for Infringement, you may mount your own legal defense and the Provider will assist you in such a case in accordance with sentence 3.

8.2 The Provider will indemnify you against all obligations to pay damages imposed by way of a final and binding judgment on the grounds of infringement of third party copyright or other intellectual rights as a result of your use of the twogo Services, and will also indemnify you against reasonable legal defense costs, unless the provider is not responsible for the violation.

9 Limitations of liability

9.1 In relation to user-generated content, the Provider merely reproduces information provided by you or the respective Authorized User. The accuracy or currency of such information is not reviewed. The Provider is not responsible for user-generated content. The Provider's liability for loss or damage caused by such content shall be governed exclusively by the following provisions:

9.2 The Provider shall only be liable for loss or damage caused by a deliberate or grossly negligent breach of contractual obligations under these terms of use, or in accordance with the German Product Liability Act (Produkthaftungsgesetz).

9.3 With the exception of the situations referred to in clause 9.2, liability for ordinary negligence is excluded.

9.4 The above limitations of liability shall also apply to breaches of duty by the Provider's legal representatives or vicarious agents. Where the Provider's liability is excluded under the above provisions, personal liability on the part of the Provider's employees and vicarious agents shall also be excluded.

9.5 In the case of data loss, the Provider's liability shall be limited to the loss or damage that would have resulted from its acts or omissions assuming the data had been backed up properly and on a regular basis.

9.6 The Provider shall not be liable for the loss, delay, modification, manipulation and/or incorrect routing of e-mails or other electronic messages and/or data during the entry, collection and/or transmission of data where it is caused by other data networks, including, without limitation, the Internet, telephone networks and/or your or third party hardware or software.

9.7 Error-free and/or permanently available access and connection to the Internet, including data communication via the Internet, cannot be guaranteed given the current state of technical innovation. In this context, therefore, the Provider shall not be liable for ensuring the permanent and uninterrupted availability of the twogo Services.

10 Commencement of license and termination

10.1 This license shall commence upon successful registration and activation and shall end upon termination by you or the Provider. You or the Provider may terminate this license at any time. Notice of termination must be in text form in order to be valid, meaning that, for example , notice sent by e-mail, fax or as a PDF file is sufficient.

10.2 The right of both parties to terminate for good cause remains unaffected. The Provider shall be deemed to have good cause for termination if, without limitation, you commit a breach of clause 5.

11 Miscellaneous

11.1 Notices: Unless agreed otherwise, declarations of intent, notices or notifications from you shall only be valid if sent to the following address of the Provider: info@twogo.com

11.2 Governing law: These terms of use and the license between you and the Provider shall be governed by the laws of the Federal Republic of Germany, subject to the exclusion of the UN Convention on Contracts for the International Sale of Goods ("CISG").

11.3 Dispute resolution: The European Commission provides an Online Dispute Resolution (ODR) platform, available at http://www.ec.europa.eu/consumers/odr. You will find our e-mail address in the Legal Notice (Impressum) section of our website. We are neither obligated nor willing to participate in the dispute resolution process.

B. Special provisions for Authorized Users

The Special provisions in this Part B apply solely to Authorized Users in addition to or in derogation of the General provisions in Part A.

1 Use of the services

Contrary to the provisions of Part A, clause 4, the following shall apply:

1.1 You may use the twogo Services for the purposes shown in the product overview and to the extent described in greater detail therein in connection with the business operations of our business customer or your employer/client. Your use of the services is subject to the condition precedent that your registration is successful and your user profile is activated, and the period of use is limited to the term of the agreement with our business customer or your employer/client. Any other use, modification or copying, distribution or other form of use, including any copying or distribution of the images, illustrations, design and the underlying computer programs and databases is prohibited.

1.2 All claims (e.g. , in the case of service disruptions) arising out of or in connection with the functions, availability and use of the twogo Services shall vest exclusively in our business customer or your employer or client. In particular, we reserve the right to revoke or modify your license derived from our business customer without your consent, for example because we are entitled to lodge objections against our business customer or your employer/client.

1.3 You are liable for all activities carried out using your login credentials, including user-generated content, unless you can demonstrate that third parties obtained your login credentials without any action on your part.

1.4 We are entitled in the event of any breach of these terms of use:

to issue a personal warning;
to partially restrict your use of the twogo Services; and
to temporarily or permanently block your access to all or certain twogo Services.

2 Limitations of liability

Contrary to Part A, clause 9, the following shall apply:

2.1 In relation to user-generated content, the Provider merely reproduces information provided by you or the respective Authorized User. The accuracy or currency of such information is not reviewed. The Provider is not responsible for user-generated content. The Provider's liability for loss or damage caused by such content shall be governed exclusively by the following provisions:

2.2 The Provider's liability for loss or damage caused by any deliberate or grossly negligent breach of contractual obligations under these terms of use and its liability for loss of life, bodily injury or damage to health, fraudulent misrepresentation or under the German Product Liability Act (Produkthaftungsgesetz) shall be governed by the applicable statutory provisions.

2.3 The Provider's liability for negligent breach of a duty which must necessarily be fulfilled in order for the twogo Services to be properly provided at all, and which an Authorized User would usually expect and is entitled to expect will be fulfilled ("Material Contractual Obligations"), shall be limited to typically foreseeable loss or damage for SaaS-type contracts.

2.4 With the exception of the situations referred to in clause 9.2 and clause 9.3, liability for ordinary negligence is excluded.

2.5 The above limitations of liability shall also apply to breaches of duty by the Provider's legal representatives or vicarious agents. Where the Provider's liability is excluded under the above provisions, personal liability on the part of the Provider's employees and vicarious agents shall also be excluded.

2.6 In the case of data loss, the Provider's liability shall be limited to the loss or damage that would have resulted from its acts or omissions assuming the data had been backed up properly and on a regular basis.

2.7 The Provider shall not be liable for the loss, delay, modification, manipulation and/or incorrect routing of e-mails or other electronic messages and/or data during the entry, collection and/or transmission of data where it is caused by other data networks, including, without limitation, the Internet, telephone networks and/or your or third party hardware or software.

2.8 Error-free and/or permanently available access and connection to the Internet, including data communication via the Internet, cannot be guaranteed given the current state of technical innovation. In this context, therefore, the Provider shall not be liable for ensuring the permanent and uninterrupted availability of the twogo Services.

3 Commencement of license and termination

Contrary to the provisions of Part A, clause 10, the following shall apply:

3.1 This license shall commence upon successful registration and activation and shall end (i) automatically upon the termination of the agreement with our business customer or your employer/client or (ii) upon termination by you or the Provider. You or the Provider may terminate this license at any time. Notice of termination must be in text form in order to be valid, meaning that, for example , notice sent by e-mail, fax or as a PDF file is sufficient.

3.2 The right of both parties to terminate for good cause remains unaffected. The Provider shall be deemed to have good cause for termination if, without limitation, you commit a breach of Part A, clause 5.