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.

3.6. Data about third parties. If you enter personal data about partners, children or other third parties on the MAUD Platform, you must obtain and document the consent of the third party in advance and inform the third party of MAUD's privacy policy and what data you store about the third parties on the Platform. You may only mark third party data as released if you have obtained and documented the MAUD data protection consent (see clause 5) from the third parties.

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.

6.3. Payout. The proceeds are paid out via the external service provider Stripe. The prerequisite for a payout is that you have provided Stripe with your bank account details for the payout, that your proceeds amount to at least EUR 10 and that you initiate a payout with Stripe. The payout is subject to charges in accordance with Stripe's General Terms and Conditions. Stripe is located at 510 Townsend Street, San Francisco, CA 94103, USA. For their terms of use go to https://stripe.com/en-de/ssa. You yourself must be the holder of the payout account specified with Stripe. If the contract ends, a payout of your earnings will be made automatically if they exceed the payout fees. Upon request, you are obliged to provide us with bank details for the payment within 14 days, if you have not yet reported such details.

7. Data protection

7.1. Privacy policy. The handling of your data is described in our data protection information under Privacy Policy. These are not the subject of these terms, but are for information purposes only. You grant the MAUD data protection consent contained therein when you release individual data fields.

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. Final provisions

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.

Status: 3.1.2020