beemo GmbH, a spin-of enterprise from Münster University of Applied Sciences, develops the Internet portal Naviki (www.naviki.org) as well as its associated mobile apps and offers these for use.
Use of Naviki free of charge is intended solely for private individuals who are searching for bicycle routes or for cycling navigation through Naviki or wish to upload routes to Naviki.
Entering and downloading of routes is free of charge. For identification purposes, users must supply a constantly available email address and a password for access. These data will be processed by beemo, exclusively following the rules for privacy stated in the declaration below.
II. Entering and downloading of data
Every user is individually responsible for the content he/she has entered (e.g. paths and further information on paths). Such content may not offend against public decency or violate criminal legislation, copyright of images or text or the personal rights of other people. In case of violation, the user in question is obliged to compensate beemo for damage arising. In such cases, the user has to release beemo from all claims by third parties with regard to the illegality of his/her content.
beemo reserves the right at any time to shorten or entirely remove content without stating reasons. In case of awareness of illegal content, we request to be informed without delay, and the corresponding content will then be removed immediately by beemo.
By uploading and publishing data on www.naviki.org, the user grants beemo the right of use of these data, unlimited by time and free of charge, as long as the user does not himself/herself delete the data he/she has made available from the system. This right also includes the right by beemo to change these data. If the user enters data from third parties, the user affirms that he/she is entitled to enter these data and that the data are free from the rights of third parties.
The user may not pass the software with which www.naviki.org has been developed on to third parties, or duplicate, distribute, modify, decode, reconvert, or create derivative works from it or decode the attached texts or create derivative works from them. The performance of similar acts is also prohibited.
All data made available by users which are administered in www.naviki.org are under the licence "Creative Commons Attribution Share Alike 2.0" (cc-by-sa 2.0, in German "Namensnennung-Weitergabe unter gleichen Bedingungen 2.0"). All kinds of use of Naviki data, including commercial use, are permitted; however, it must be stated that the data originate from www.naviki.org, and any work derived from Naviki data must in turn come under the cc-by-sa licence.
Users will not be able to see trips recorded by other participants if these have been declared as ‘private’ by their creator. Creators can easily switch their routes from ‘public’ to ‘private’ within the Naviki app (My routes > My own routes > Details) and on the Naviki website (My routes > My own routes > Pencil icon). Initially uploaded routes and routes recorded with the Naviki app are declared as 'public'.
Some Naviki features contain the allocation of source code that can be implemented in external internet pages in order to display Naviki features or Naviki data on these external pages as a Naviki Widget. The usage of such Naviki Widget source code is free for non-commercial usage, until revoked. In case such Naviki Widget source code is being used for a commercial purpose or on a commercial website, the operator of the respective website is obliged to ask beemo for approval before using the Naviki Widget source code.
Naviki may transmit aggregated spatial data containing trips recorded by its users, in non-identifiable forms that are not traceable to individual users, to third parties, e.g. to a municipality that has an interest in such data in terms of optimising its bicycle infrastructure. As a Naviki user you explicitly agree in sharing anonymised data with third parties as described in this paragraph.
beemo is entitled at any time and without giving reasons to exclude users from access to its websites and to bar them permanently from further use of these sites. This applies particularly in cases of repeated violation of the above named conditions of use and for protection of other users.
IV. Availability and liability
beemo will give no guarantee for the continuous and uninterrupted availability of the websites and technical systems.
beemo will accept no liability for damages caused by the route data from users or third parties. The own liability of beemo and that of its employees and auxiliaries is limited to gross negligence and deliberate intent in the violation of an essential contractual duty and to the amount of damage foreseeable from and typical of this type of contract.
beemo may modify or cancel the services of Naviki (e.g. services on the website www.naviki.org, services of Naviki apps) at any time. A claim for refund by the user in reference to previously paid fees is excluded; this shall not apply if the user terminates due to an important and persistent reason beemo is in charge of.
The routes provided by Naviki via www.naviki.org and via Naviki apps is only for planning purposes. It may possibly differ from the available or legally useable road network. Users of Naviki apps and of www.naviki.org are obliged to follow the traffic rules, irrespective of the routes calculated by Naviki. This explicitly applies to the turn-by-turn instructions provided via Naviki's apps as well.
V. Place of jurisdiction and legal foundation
Münster shall be the place of performance for both parties. The place of jurisdiction shall be Münster, insofar as the user is a corporate body under public law. German law shall apply. Application of the UN Convention on Contracts for the International Sale of Goods is excluded.
VI. Severability clause
If individual provisions of this contract should be or should become invalid, this shall not affect the legal validity of the remaining provisions.
By taking part in Naviki Contests, Naviki users agree that Naviki and the respective third party holding the contest may use their email address registered at Naviki to get in touch regarding contest matters. Furthermore, by participating in such a contest, Naviki users agree that their Naviki user name is visible within the contest's leaderboards and that their Naviki user name may be mentioned within further publications by third parties and by Naviki. By taking part in a contest, participants agree that their trips recorded during the contest may appear on a heatmap within the Naviki app and on a related website. Such heatmaps will contain trips from participating users in an anonymised way. For privacy reasons at least the first and the last 400 metres of each trip will not be visible on the heatmap.
A contest participant may cancel the agreement mentioned above at any time. This cancellation must be sent to the email address specified in the Naviki imprint. Naviki will then delete all data related to the respective Naviki user as well as the accordant user account itself. The former user will then no longer take part in the contest.
Naviki and third parties presenting a contest reserve their right to cancel the contest at any time, particularly in case interfering circumstances get in the way of a regular procedure.
By joining a Naviki Contest, users explicitly accept the respective contest rules. All contest results and decisions are final and not subject to legal appeal.