Speedtracker - Terms of Service

Terms of Service for Speedtracker

Effective Date: 1 June 2025 Last Updated: 8 June 2025

⚠️ IMPORTANT SAFETY WARNING ⚠️ THE DRIVER OF A VEHICLE MUST NOT INTERACT WITH THIS APP WHILE THE VEHICLE IS IN MOTION. This app is intended solely for passengers or for review after the engine is switched off. Using any mobile device while driving is dangerous, may cause accidents, and is prohibited under § 23 StVO (fine of at least €100 + 1 penalty point in Flensburg).

Please read these Terms of Service (the “Terms”) carefully before using Speedtracker (the “App”). By downloading, installing or using the App you agree to be bound by these Terms and by our Privacy Policy. If you do not agree, do not use the App.

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1 Definitions For the purposes of these Terms:

• “App” means Speedtracker.
• “You” or “User” means the individual using the App.
• “We”, “Us”, or “Our” means Manuel Fessen and its affiliates.
• “Services” means any features, functionalities, or content provided via the App.
• “User Content” means any data, feedback, location information, or materials you submit or upload through the App.

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2 Privacy

Our handling of personal data is described in the Privacy Policy, which forms an integral part of these Terms (Art. 13 GDPR).

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3 License Grant

We grant you a personal, non-exclusive, non-transferable and revocable license to install and use one copy of the App on a compatible device for your private, non-commercial purposes and strictly in accordance with these Terms.

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4 Safety & Driving Obligations 1. No driver interaction. Drivers must not touch, read, enter or otherwise interact with the App while a vehicle is in motion or while the engine is running. 2. No obstruction. Mounting a device so that it obstructs the driver’s field of view or distracts the driver is prohibited. 3. No reliance on App speed data. Only the vehicle’s official speedometer is legally relevant. 4. Legal compliance. You must comply with all traffic laws and safety regulations in the jurisdiction where you operate the vehicle. Distances recorded or displayed by the App do not justify speeding or any other traffic offence.

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5 Eligibility & Age Restrictions

The App is intended only for persons who (a) are at least 18 years old and (b) hold a valid driver’s licence for the vehicle type being operated. If you do not fulfil both requirements you must refrain from using the App. We do not knowingly collect personal data from children under 18.

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6 Account Registration & Security

You are responsible for keeping your login credentials confidential and for all activities under your account. We may suspend or terminate the account of any User who violates these Terms.

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7 Acceptable Use & Leaderboard Rules 1. No speed competition. Any attempt to organise or encourage speed contests through the App is strictly forbidden. We reserve the right to remove entries that indicate unlawful speeding or other unsafe behaviour. 2. Fair play. Manipulation of GPS data, spoofing or other fraudulent behaviour will result in deletion of the User account.

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8 User Content

You retain all rights to your User Content but grant Us a non-exclusive, worldwide, royalty-free licence to use, reproduce, display and distribute such content for the purpose of operating and improving the Services. We may remove or anonymise any content or data at any time for any reason.

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9 Third-Party Services

The App integrates services provided by third parties (e.g. Google Maps, Supabase). Use of those services is governed by their own terms and privacy policies; We are not responsible for third-party acts or omissions.

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10 Indemnification

You agree to indemnify and hold Us, our officers, employees and agents harmless from any claims or damages (including legal fees) arising out of (i) your breach of these Terms, (ii) your misuse of the App or (iii) your infringement of any third-party rights.

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11 Assumption of Risk & Disclaimer of Warranties 1. Use at your own risk. You acknowledge that operating a mobile device while driving is dangerous and that any use of the App while the vehicle is moving is at your sole risk. 2. No warranty. The App is provided “as is” and “as available” without any express or implied warranties, including merchantability, fitness for a particular purpose or non-infringement.

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12 Liability 1. Unlimited liability: Nothing in these Terms limits or excludes liability for (a) intent or gross negligence, (b) death or personal injury, (c) fraudulent misrepresentation, or (d) mandatory liability under the German Product Liability Act (ProdHaftG) or under the EU Product Liability Directive 2024/2853 (applicable from 9 December 2026). 2. Limited liability: In cases of slight negligence, We are liable only for breaches of essential contractual obligations (Kardinalpflichten) and only for the typical, foreseeable damage. Any further liability is excluded. 3. Indirect damages: We shall not be liable for indirect, incidental or consequential damages (e.g. loss of data, lost profits) unless covered by section 1 above. 4. Statutory rights: Your mandatory statutory rights remain unaffected.

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13 Governing Law & Jurisdiction

These Terms are governed by German law. Exclusive place of jurisdiction is Düsseldorf, Germany, unless mandatory consumer protection rules specify a different venue.

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14 Consumer Dispute Resolution / ODR

We are neither willing nor obliged to participate in dispute-resolution proceedings before a consumer arbitration board (§ 36 VSBG). Until 20 July 2025 you may access the EU Online Dispute Resolution platform at https://ec.europa.eu/consumers/odr/.

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15 Severability & Waiver

If any provision of these Terms is held invalid, the remaining provisions remain in force. Failure to enforce any right shall not be deemed a waiver.

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16 Entire Agreement & Assignment

These Terms (including the Privacy Policy and any applicable EULAs) constitute the entire agreement between you and Us. You may not assign your rights; We may assign our rights and obligations without restriction.

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17 Changes to the Terms

We may amend these Terms to reflect legal, regulatory or technical developments. We will inform you of material changes in-App or by email at least 30 days before they take effect. Continued use of the App after the effective date constitutes acceptance.

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18 Modifications to the Service

We may modify, suspend or discontinue the App (in whole or in part) at any time without liability, provided that paid subscriptions already charged will continue until the end of the current billing period.

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19 Payment & Subscriptions

If you purchase paid features, fees will be charged via the app-store account linked to your device. Subscriptions renew automatically unless cancelled at least 24 hours before the renewal date. We will notify you of price changes at least 30 days in advance.

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20 Notices & Electronic Communication

We may send you notices by email, push notification or in-App message. You consent to electronic communication. Formal notices to Us must be sent to litze.pasten.0i@icloud.com.

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21 Force Majeure

Neither party is liable for delays or failures caused by events beyond reasonable control (e.g. war, strike, pandemic, power outage).

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22 Export Compliance

You must comply with export control laws applicable to the App and related technology.

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23 Third-Party Beneficiaries

No third party (including Apple Inc., Google LLC, Supabase Inc.) may enforce these Terms.

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24 End User License Agreement

Your use of the App is also subject to the EULA. For premium features, the Premium EULA applies. In the event of conflict, the respective EULA prevails.

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25 Survival

Sections 7 to 13, 15, 19 to 22 and 24 survive termination of these Terms.

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Last printed: 8 June 2025