TERMS OF USE
EVOC Sports GmbH provides customers with an app offering various mobility services ("EVOC App") in accordance with these general terms and conditions of use.
By using the app, the customer agrees to these terms of use and the privacy policy.
Content and Availability of the App
The EVOC App is designed for managing the Minerva Airbag System of the COMMUTE A.I.R. PRO 18 from EVOC Sports.
Using all services and functions of the app requires the operational readiness of the customer's mobile device and the necessary mobile network for the customer's device.
Disruptions to the app services may arise due to force majeure, including strikes, lockouts, and official orders, as well as technical and other measures necessary for the proper operation or improvement of the services (e.g., maintenance, system-related software updates, expansions). Disruptions may also occur due to short-term capacity shortages from peak usage or issues in third-party telecommunications systems. EVOC Sports will make all reasonable efforts to promptly eliminate or mitigate such disruptions.
Customers can report issues within the EVOC App to EVOC Sports customer support on weekdays from 9 a.m. to 12 a.m. noon and 1 p.m. to 5 p.m. by calling +49 89 540 41 14 0 or by e-mail at service@evocsports.com.
Modification and Termination of the App
EVOC Sports reserves the right to modify the scope of the app’s services, as long as such modifications are reasonable for the customer given the overall scope of the app. For more significant modifications, the customer will be informed within the app.
The customer can terminate the use of the app at any time by deleting the app from their mobile device. EVOC Sports reserves the right to discontinue the app service with a notice period of six weeks.
Login
The customer can create a login in the app. Afterwards the customer can use the app with all its features.
Data Usage Fees
The app requires the use of a wireless or mobile data connection for the customer's mobile device. The customer is responsible for setting up and maintaining the required data connection. The customer's data provider may charge fees for data usage in connection with the use of the app. The customer bears these data usage fees himself.
Privacy Policy
By using the app, the customer also agrees to our privacy policy, which can be viewed in the app settings.
Liability
EVOC Sports does not assume any liability for the accuracy and timeliness of the data and information transmitted through the services. This also applies to the consequences of disruptions, interruptions, and functional limitations of the app.
Third-Party Services
Any link or function within this app that provides access to third-party programs or content is provided solely for the customer's convenience. EVOC Sports does not express any opinion regarding the content of third-party programs, does not endorse them in any way, and expressly excludes liability for the quality, content, nature, or reliability of third-party resources and the information, products, and services contained therein.
Use of the App
The customer may not use the app for unauthorized purposes and may not authorize third parties to do so. The customer is not entitled to commercially distribute or process the data and information obtained in connection with the use of the app.
EVOC Sports may, at its own discretion, determine if the use of the app is considered unauthorized or inappropriate. In such cases, EVOC Sports may take appropriate measures, including blocking users.
Copyright and Trademarks
EVOC Sports owns the copyright to all materials and information contained in this app, unless otherwise specified. This app and all materials and information contained therein are for informational purposes only and are subject to all applicable German and international copyright laws.
Any reproduction, retransmission, or other use is strictly prohibited unless legally permitted. Without the written permission of EVOC Sports, the customer may not use any part or all of the materials of the app for commercial purposes.
EVOC Sports owns all intellectual property rights to the content of this app and reserves the right to take legal action for violations of intellectual property rights. The customer does not receive a license to use EVOC Sports trademarks.
Miscellaneous
Governing Law and Jurisdiction
The exclusive place of jurisdiction for all claims arising from business relations with merchants is Erding.
The same place of jurisdiction applies if the customer does not have a general place of jurisdiction in Germany, relocates their residence or habitual abode abroad after concluding the contract, or their residence or habitual abode is unknown.
All disputes arising from or based on this contractual relationship are governed by German law, excluding the UN Convention on Contracts for the International Sale of Goods. This choice of law applies only to the extent that it does not deprive the consumer of the protection afforded by mandatory provisions of the law of the country where the consumer has their habitual residence at the time of their order.
Compliance
The owner of the app is based in Germany. EVOC Sports makes no representations that the app is suitable for use in other locations or available there. If the customer accesses the app from other locations, the customer is responsible for complying with local laws. By downloading the app, the customer confirms that he is not located in a country or exporting the software to a person or country against which Germany has imposed an embargo.
Modification of these Terms of Use
The current version of these terms of use can be viewed in the settings of the EVOC App. EVOC Sports reserves the right to change these terms of use at any time. We will inform the customers of changes by posting the revised terms of use on this page and notifying the customers when the app will be opened. EVOC Sports recommends that customers regularly review these terms of use for changes. Certain conditions may be replaced by expressly designated legal notices or terms provided to the customers.
