General terms and conditions for users of MAUD
1. Subject matter and conclusion of the contract
1.1. Parties and subject matter of the contract. These General Terms and Conditions (Terms) regulate the legal relationship between us, MyAutoData GmbH in Munich and our customers (hereinafter "User" or "You") in relation to the provision of the free of charge MAUD platform ("MAUD"), including the provision of data to participating companies and the User's revenue share. The "Special Terms and Conditions for MyAutoData Premium" apply additionally to the "MAUD Premium" service, including the provision of a dongle for recording the driving data of vehicles.
1.2. Conclusion of the contract. A free contract in accordance with these Terms comes into effect when the user clicks on the button "Register" on the registration page and receives an e-mail from us confirming the registration.
2. Functions of MAUD
2.1. Data management. MAUD is a web-based platform on which you as a user can store, manage and evaluate various data (e.g. vehicle costs) in connection with the ownership and use of your vehicle (e.g. vehicle data, insurance, memberships or distances travelled).
2.2. Data release. In addition, you have the option of releasing your data to participating companies in the automotive sector ("participating companies") in whole or in part by activating the "eye" symbol next to the data field ("released data"). In this way, you make the released data available to participating companies for queries and offers (see below). In return you will receive a fee from the participating companies for your released data when they access your data (for details, see Section 6). Participating companies can be, for example, vehicle manufacturers, insurance companies and garages. A list of the participating companies will be available at a later stage.
a) Query. When you release data, it can be used by participating companies for queries. The results of the queries can be made without reference to persons (e.g. "How many and which BMW models older than 5 years are driven in Ingolstadt"). In addition, companies may also perform queries whose results contain personal data (provided that these data fields have been released by you). All Query results are displayed by MAUD automatically and irretrievably deleted after 5 working days.
b) Offers. If you have selected in MAUD under the heading "My Interests" individual products or services (e.g. new tires, change of insurance) the concerned participating companies will thereon automatically be informed. They then have the option to view the data you have released for a fee and to submit offers to you. For details of how to obtain offers, see point 4.
2.3. Availability. We strive to make the MAUD platform as widely available as possible with a target availability of 98% annual average (excluding announced maintenance windows). However, we do not owe any specific availability and accordingly you cannot make any claims against us in the event of downtimes.
2.4. Changes in performance. We reserve the right to develop MAUD further and to change it for important reasons. Such a reason exists in particular if the change is necessary due to (i) a necessary adaptation to a new legal situation or case law, (ii) a changed technical framework, or (iii) the protection of system security. In addition, we can also revoke individual functions set. However, we will not make any changes that would unreasonably shift the contractual imbalance between us and you at your expense.
3. Obligations of the user
3.1. Free of charge. The use of MAUD in the standard version (no premium) is free of charge for you.
3.2. User account. You must keep the access data of your user account with MAUD secret and may not disclose them to any third party. You may not transfer your user account or access to it to third parties or use your user account for third parties.
3.3. Correctness of information. The data you provide in MAUD must be correct and always up to date. If your data changes, you must update them in MAUD.
3.4. Data of own vehicles. You may only store data in MAUD about vehicles of which you are the owner.
3.5. E-mail address. You must enter a current e-mail address and check your inbox regularly. We may send you all relevant declarations and notifications via this e-mail address.
3.7. Tax consideration. If you generate income through MAUD based on the information you provide, you are responsible for the correct tax treatment of your income.
4. Request for offer
4.1. Request function. If you express your interest in MAUD in the "My Interests" section for individual products or services, the concerned participating companies will be automatically informed. Your request is valid for a maximum of 30 days. During this period, the concerned companies will be able to access the data you have released for a fee and supply you with a tailor-made offer via the MAUD platform. In principle, there is no obligation for you to accept an offer, but in such a case you will not receive any income for the access of your activated data. In case of queries, participating companies can contact you via MAUD's internal messaging system. They can express their interest or disinterest in individual offers.
4.2. Not legally binding. The offer and your feedback are not legally binding declarations. If you express interest in an offer, this does not constitute a purchase agreement with the concerned company. You may only submit an offer as "accepted" if you have the particular intention to close a purchase agreement with this company.
4.3. Service provision. MAUD is not the provider of the services or products of the participating companies, but only mediates the initial contact between you and these companies. You conclude contracts with the participating companies directly with the respective participating companies.
5. Rights of use of data
With the release of data in MAUD you give us your consent in accordance with the platform and the wording in the data protection information ("MAUD data protection consent"). With the release you also grant us a worldwide content-unrestricted, simple (non-exclusive), transferable and sublicensable right to use the data you have released to the then and future participating companies for the purpose of queries (see section 2.2.a) and for the submission of offers (see section 2.2.b). Contact by participating companies will only be made at your instigation and exclusively via MAUD's internal quotation and messaging system.
6. Proceeds and disbursements
6.1. Proceeds. You will be remunerated through us by the companies that retrieve your data: if the data you share is retrieved by participating companies, we will share with you the fees that the participating company pays for your data ("Revenue"). The fees to be paid by the participating companies are determined at our discretion. In your user account, you can see which participating companies have accessed your data and the amount of revenue claims credited to your account.
6.2. Requirements. In order to be eligible for revenue, the following conditions must be met:
a) You have an active, valid user account with MAUD.
b) You are at least 18 years old.
с) You are the owner of a vehicle registered in your name and have correctly entered the relevant vehicle details and personal details in the MAUD platform.
d) Your data stored in MAUD and retrieved by the participating company are factually and content-wise correct.
e) You have uploaded an electronic copy of your vehicle registration document and we have then confirmed your identity and capacity as the holder.
f) In the event that data is released for the purpose of submitting offers (see section 2.2.b), you will only receive remuneration if you receive at least one offer from participating companies and express your interest in at least one offer.
7. Data protection
7.2. Consent with data release If you release the information you have stored in MAUD, you give us your consent under data protection law to make the data available to participating companies. The content of the data protection agreement is displayed within the platform. You can also find the current version in the data protection information.
8. Claims for defects (warranty)
8.1. Scope of application. Insofar as our services are subject to the provisions of tenancy law (e.g. provision of the MAUD platform for depositing your details), clauses 8.1 to 8.6 apply.
8.2. Freedom from defects. We shall provide our services free of material and legal defects and maintain them in a condition suitable for contractual use during the term of the contract.
8.3. Notification of defects. You must report defects in our services to our support team immediately. Please explain the circumstances of the occurrence as far as possible and reasonable.
8.4. Initial impossibility. Our strict liability for initial defects according to § 536a para. 1, Alt. 1 BGB is excluded. The fault-based liability remains unaffected.
8.5. Statute of limitations. As far as you are not a consumer, claims for defects become time-barred within twelve months. This shall not apply in the case of claims for defects insofar as we are compulsorily liable by law (e.g. in the case of fraudulent intent, see clause 9.1, sentence 2).
8.6. Legal regulation. In all other respects, the statutory rules on liability for defects shall apply subject to Section 9.
8.7. Free of charge. Insofar as we provide you with services free of charge, the provisions on the loan shall apply with priority, i.e. in particular, our liability for defects shall be limited to malice pursuant to § 600 BGB (German Civil Code), liability pursuant to § 599 BGB shall be limited to intent and gross negligence and the shortened limitation period of six months pursuant to § 606 BGB shall apply.
9. Limitation of liability
9.1. Exclusion in particular cases. Unless otherwise provided for in clause 9.3, we shall be liable within the framework of the statutory provisions for damages, insofar as these
a) were caused intentionally or by gross negligence on our part, or
b) 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 its 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 according to the Product Liability Act.
9.2. Height limitation. In the case of clause 9.1 sentence 1 letter b) (slightly negligent breach of cardinal obligations), our liability shall be limited to the damage typically foreseeable for a contract of this type.
9.3. Services free of charge. Our liability is, in deviation from clauses 9.1 and 9.2, limited to intent and gross negligence for damages caused within the scope of the provision of our services free of charge.
9.4. Our employees and representatives. The limitations of liability in clauses 9.1 to 9.3 shall also apply to claims against our employees and agents.
10. Term and termination, suspension
10.1. Indefinite term, termination. This contract begins on the day of the conclusion of the contract and is concluded for an indefinite period and can be terminated by you and by us at any time without giving reasons. If you cancel, you do not have to observe any notice period. In the event of termination by us, a notice period of two weeks shall apply. The right to extraordinary termination remains unaffected.
10.2. Suspension and termination on suspicion of abuse. We can suspend or terminate your user account if there is a reasonable suspicion of misuse of your user account (e.g. false information, untruthful expression of interest in offers.
10.3. Form of termination. You can cancel the contract within your user account.
10.4. Data at contract end. At the end of the contract period, we will delete all data and information about your user account that you have stored in MAUD, unless we are obliged by law to store the data or need the data to enforce our claims or for legal defence in a specific dispute.
11.1. Amendment of the General Terms and Conditions. We are entitled to change these general terms and conditions. We will inform you about the planned change and the content of the new terms and conditions at least six weeks before they take effect. The change shall be deemed approved if you do not object to us within six weeks of receipt of 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 terms and conditions come into effect. We 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 does not apply if and to the extent that it would have the effect of depriving users who conclude the contract for purposes which are predominantly outside their trade, business or profession ("consumers") of the protection afforded to them by the provisions from which they may not derogate by agreement under the law which would be applicable under Article 6(1) of the Rome I Regulation in the absence of a choice of law.
11.3. Place of jurisdiction. If you are a businessman, 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. Partial ineffectiveness. Should individual provisions of this contract be or become invalid, the validity of the remaining provisions shall not be affected.
Table of contents
- 1. Subject matter and conclusion of the contract
- 2. Functions of MAUD-Premium
- 3. Right of withdrawal for consumers
- 4. Provision and return of the MAUD-Dongle
- 5. Using the MAUD app
- 6. Subscription fee
- 7. Your duties and obligations
- 8. Data protection
- 9. Term and termination
1.1. Parties and subject matter of the contract. These General Terms and Conditions ("T&C Premium") govern the legal relationship between us, MyAutoData GmbH in Munich and our customers (hereinafter "User" or "You") in relation to the provision of the paid service MAUD-Premium ("MAUD-Premium"). MAUD-Premium allows the collection, evaluation and provision of trip data by means of a device (dongle) to be attached to the vehicle and an app.
1.2. MAUD-Basic. These T&C-Premium supplement the "General Terms and Conditions for Users of MAUD Basic" ("T&C-Basic"). As far as these T&C-Premium contain no or no deviating regulations, the T&C-Basic apply. In particular, the following provisions of the T&C-Basic also apply to MAUD-Premium: Section 3 (user obligations), Sections 4 and 5 (rights of use of data, revenues and payments), Sections 9 and 10 (claims for defects and limitation of liability) and Section 11 (final provisions). In the event of an objection, the T&C-Premium take precedence over the T&C-Basic.
1.3. Conclusion of the contract on MAUD-Premium. In order to conclude a contract for MAUD-Premium you must have a free MAUD user account (MAUD-Basic). You submit a binding offer for MAUD-Premium when you log in to the MAUD-Platform, select the button Upgrade next to Premium in the menu item "Settings" and click on "order subject to payment" at the end of the order process. A contract against payment in accordance with these GTC-Premium is concluded when we accept your offer by e-mail. If you use the MAUD App as a partner or child of a MAUD User without having a MAUD user account yourself, Section 5.2 applies to the conclusion of the contract regarding the MAUD App.
2.1. Dongle and App. You will receive an adapter from us for the duration of MAUD-Premium, which you plug into the ODB2 interface of your vehicle ("MAUD-Dongle", details in paragraph 4). In addition, you must install the "MAUD Connect" app on your mobile phone ("MAUD App", details in clause 5) and log in to it using your access data for the MAUD user account. At the beginning of each trip, you or the respective driver enter data on the upcoming trip in the MAUD app, in particular the vehicle's mileage, reason for the trip (private/business) and driver (vehicle owner, partner, child) ("Trip Data"). The MAUD dongle reads out certain data of the vehicle, in particular the VIN number and CO2 values ("vehicle data") and connects to your mobile phone via Bluetooth. During the trip, the MAUD app continuously records your location, the accelerometer data as well as environmental data (e.g. weather data via an external service) ("trip data") and stores all data temporarily. At the end of the trip, the MAUD app transmits the trip, driving and vehicle data via an internet connection to the MAUD server of the MAUD platform. The MAUD server prepares the data and makes it available for use via the MAUD platform.
2.2. Data preparation. Events are determined on the MAUD server from the trip, driving and vehicle data ("event data"). The trip, driving and vehicle data itself is not stored permanently, only the event data is provided in the MAUD platform. Events in this sense are in particular: Start and end of the trip, change of direction, change of road type (e.g. local road, highway), heavy braking or acceleration, fast cornering, change of weather situation or exceeding the maximum permitted speed. The location and date/time are stored for all events.
2.3. Data use. The MAUD platform allows you to view the event data and provides you with evaluations of this data (e.g. on trip costs, trip statistics, insurance premiums, logbook). In addition, you can make the event data available in whole or in part to participating companies and thereby generate income. In this respect, the provisions of T&C-Basic apply.
2.4. Further information. You can find an up-to-date list of all trip data, vehicle data, driving data and event data in our data protection information for MAUD-Premium.
As a consumer, you have a 14-day right of withdrawal with the paid order of MAUD-Premium as described below.
Right of withdrawal
You have the right to revoke this contract within fourteen days without giving reasons.
The revocation period is fourteen days from the day on which you or a third party designated by you, who is not the carrier, have taken or has taken possession of the goods (dongle).
In order to exercise your right of revocation, you must notify us,
Forstenrieder Allee 61
Phone: +49 89 74515612
fax: +49 89 7451 5630
inform us by means of a clear statement (e.g. a letter, fax or e-mail sent by post) of your decision to withdraw from this contract.
You can use the attached sample revocation form, which is not mandatory.
You may also electronically complete and submit the Sample Withdrawal Form or other unique statement on our website [insert Internet address]. If you make use of this option, we will immediately (e.g. by e-mail) send you confirmation of receipt of such a revocation.
In order to comply with the revocation period, it is sufficient to send the notification of the exercise of the right of revocation before the end of the revocation period.
Consequences of revocation
If you revoke this Agreement, we shall reimburse you for all payments we have received from you, including delivery charges (other than any additional charges resulting from your choosing a different method of delivery from the cheapest standard delivery offered by us), immediately and no later than fourteen (14) days from the date on which we receive notice of your revocation of this Agreement. For this refund, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged for this refund.
You must return or hand over the goods (MAUD dongle) to us immediately and in any case within fourteen days at the latest from the day you inform us of the cancellation of this contract. This period is deemed to have been observed if you dispatch the goods before the expiry of the fourteen-day period. You shall bear the costs of returning the goods in the event of revocation.
You shall only be liable for any loss of value of the goods if this loss of value is due to handling of the goods which is not necessary for the purpose of checking their nature, properties and functioning.
If you have requested that the services be commenced during the cancellation period, you shall pay us a reasonable amount corresponding to the proportion of the services already provided by the time you inform us of the exercise of the right of cancellation in respect of this Agreement compared to the total scope of the services provided for in the Agreement.
Sample withdrawal form
(If you want to cancel the contract, please fill out this form and send it back). On:
Forstenrieder Allee 61
Phone: +49 89 74515612
fax: +49 89 7451 5630
I/we (*) hereby revoke the contract concluded by me/us (*) for the provision of the following service
Ordered on (*)/received on (*)
Name of the consumer(s)
Address of the consumer(s)
Signature of the consumer(s) (only in case of communication on paper)
(*) Delete as applicable.
4.1. Deployment. We provide you with the MAUD-Dongle on a rental basis during the contract period of MAUD-Premium, i.e. you do not become the owner of the MAUD-Dongle and must return it to us at the end of the contract period of MAUD-Premium (see section 4.3). The MAUD-Dongle will be shipped immediately after receipt of payment of the first usage fee. The delivery time is approx. 10 working days after receipt of payment. The shipping is at our expense.
4.2. Purpose of use. You may only use the MAUD dongle in connection with our MAUD app and the MAUD platform. Opening or modifying the MAUD dongle and passing it on to third parties is prohibited.
4.3. Return. Within two weeks from the end of the contract period of MAUD-Premium you have to return the MAUD-Dongle to us. The costs of the return shipment are at your expense. If you have any questions regarding the return, please contact our support at firstname.lastname@example.org. If you return the MAUD-Dongle late, the contract period of MAUD-Premium will be extended automatically (see paragraph 9.2).
5.1. Scope of functions. The MAUD-App is used for the collection of trip data and driving data and serves as interface and data transfer unit between MAUD-Dongle and the MAUD servers (MAUD platform). Data can therefore only be entered if you have a mobile device with the app on which the MAUD app is installed. In order to use the MAUD app, you must have a MAUD user account and log in to the app with your access data for the MAUD user account.
5.2. Conclusion of contract Use App. The contract for the provision of the MAUD-App comes into effect with the conclusion of MAUD-Premium (see section 1.3). If you download the MAUD App before you have subscribed to MAUD-Premium or download it as a driver without being a holder of a MAUD user account (e.g. partner, child) the following applies: The MAUD App may only be used by persons who have reached the age of 18. By clicking on the "Install"/"Load" button on the product description page in the respective App Store (caption may vary depending on the App Store) and, if applicable, entering your password for the respective App Store, you make a binding offer to enter into a contract for the use of the MAUD App in accordance with these Terms and Conditions Premium. This will be accepted when the download of the MAUD App starts; further details may be set forth in the Terms and Conditions of the respective App Store.
5.3. Changes in services. We reserve the right to further develop MAUD-Premium including the MAUD-App and to change it for important reasons. Such a 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 imbalance between us and you at your expense.
5.4. Right of use. Unless otherwise agreed, we grant you the simple, i.e. non-exclusive, worldwide, non-transferable and non-sublicensable right to install, execute and use the MAUD-App within the scope of these T&C Premium on your mobile devices (Smartphone, Tablet, etc.) exclusively in connection with the MAUD-Dongle and the MAUD-Platform.
6.1. Subscription. For the provision of the MAUD dongle, the MAUD app and the related services of the MAUD platform (e.g. evaluation of event data) you pay us an annual subscription fee. The amount results from the price quoted in the order process.
6.2. Due date. The annual subscription fee is due at the beginning of the contract period of MAUD-Premium and then annually in advance for the following contract year.
6.3. Payment methods. Payment of the usage fee can be made by credit card and SEPA bank transfer. There are no additional fees. The SEPA direct debit is debited immediately on the due date or after entering the payment data.
6.4. Start of use. We will provide you with MAUD-Premium from successful payment of the first subscription fee.
6.6. No shipping costs. There are no shipping costs for the MAUD-Dongle.
6.7. Gross prices. All prices are gross prices including the respectively valid value added tax.
6.8. Invoicing. The invoice is issued online by placing the invoice as a downloadable and printable PDF file in the customer menu (accessible via the MAUD platform) or by sending it by e-mail (online invoice).
6.9. Default of payment. If you are in arrears with the payment of the subscription fee or if the first payment fails, we reserve the right to block your MAUD usage account after a corresponding threat (by e-mail) and a grace period of one week. During the period of suspension, you will remain obliged to pay, but will no longer be able to use the functions of MAUD. We also reserve the right to terminate the contract without notice.
7.1. Use for own vehicle. You may only use the MAUD dongle in vehicles that are predominantly used by you or your partners or children and only if and insofar as the consent of the respective vehicle owner has been obtained.
7.2. Consent of other drivers. If another person drives with your vehicle (partner, child) and data of the trip are to be collected by this other person, you must inform them about the use of data within the framework of MAUD, familiarise them with your contractual obligations towards us and obtain their consent in accordance with data protection regulations and prove this to us on request.
7.3. Conspicuous features of the vehicle. If indicators light up during or after the insertion of the MAUD dongle or if you notice changes in the behaviour of the vehicle, you must remove the MAUD dongle immediately and contact us.
7.4. Updates. To use MAUD-Premium you need the latest version of the MAUD-App.
7.5. Return of the MAUD dongle. At the end of the contract you have to return the MAUD-Dongle to us at your own expense. If you do not return the MAUD dongle within four weeks despite being asked twice, we can charge you € 50,- as lump-sum compensation. You are entitled to prove that the damage was lower.
7.6. Internet connection. The app needs an internet connection to transfer data to the MAUD server. You are responsible for the Internet connection and any costs incurred.
7.7. System requirements. The requirements for your vehicle and terminal (e.g. smartphone) can be found under. Please make yourself familiar with these before concluding the contract.
9.1. Term and terminability. This Agreement for the provision of MAUD-Premium shall commence on the date of conclusion of the Agreement and shall be concluded for a term of twelve (12) months ("Basic Term"). The Agreement will automatically renew for a further twelve (12) months ("Renewal Term") unless terminated by us or you prior to the end of the Basic Term or any Renewal Term with four weeks' notice. The right of extraordinary termination remains unaffected.
9.2. Continued validity with retention of the MAUD dongle. Please note that you must return the MAUD dongle to us within two weeks after the end of the contract. If you return the MAUD dongle later, the contract will be automatically extended - except in the event of extraordinary termination - until we have received the MAUD dongle back (does not apply in the event of revocation); in this case you must continue to pay the usage fee. If you do not return the MAUD dongle within four weeks after an extraordinary termination by us despite two requests, we can charge you € 50,- as lump-sum compensation. You are allowed to prove a lower damage.
9.3. Effect of the termination. In case of a termination of MAUD-Premium, the free of charge contract according to the T&C-Basic will remain in effect, unless you also terminate it explicitly. In case of termination, please indicate whether you wish to terminate MAUD-Premium only or MAUD-Basic as well.
9.4. Form of termination. Notice of termination must be given in writing or in text form (e.g. e-mail to email@example.com). The termination can also be made within the MAUD platform via the menu item "Contact Us".