General Terms and Conditions for the Use of the Pfando App
Use of the app requires that you (hereinafter referred to as "user") agree to the following terms of use. Please read them carefully.
1. General information
1.1. The following terms of use apply as general terms and conditions for the use of the Pfando app (hereinafter referred to as the "app").
1.2. The provider of the app is Pfando’s cash & drive GmbH, Hohenzollerndamm 184, 10713 Berlin (hereinafter referred to as “Pfando”). Pfando operates the app for Pfando’s cash & drive GmbH and Pfando GmbH, Hohenzollerndamm 184, 10713 Berlin.
1.3. The current version of these Terms of Use can be accessed via the app menu. To do this, tap on the side menu and navigate to the settings, where the Terms of Use are stored. Pfando reserves the right to amend these Terms of Use if necessary for objective reasons (e.g., changes in the legal situation or case law). Pfando will inform users of any changes to the Terms of Use and provide the updated version. The user may object to the change in the Terms of Use within a period of 14 days by sending an email to info@pfando.de. If the user objects, they may no longer use the app. In this case, Pfando asks that the app be uninstalled. If the user does not object, the changes will automatically take effect after 14 days.
1.4. Users can contact the following address with any questions, complaints, or objections regarding the app: info@pfando.de
2. Scope of functions and requirements for using the app
2.1. The app is available for Android and iOS operating systems and can be downloaded and installed free of charge from the respective app stores under the terms and conditions applicable there. Mobile phone providers may charge fees for data transfer to the smartphone. Pfando has no influence on the terms of use of the respective app stores. The user is responsible for complying with these terms and conditions.
2.2. Use of the app is free of charge. Mobile phone providers may charge fees for data transmission to smartphones.
2.3. Pfando shall endeavor to enable the use of the app at all times within the scope of its technical and organizational capabilities. Due to maintenance work, Internet-related disruptions, or force majeure, the usability of the app or individual functions may be restricted or completely suspended. Pfando is also entitled to change or expand the functions of the app at any time and to discontinue them either temporarily or permanently. The user has no right to use individual or all functionalities of the app, in particular constant availability. In order to be able to use the functions of the app in full, the smartphone on which the app is installed must have an Internet connection. This must be provided by the user and is not part of the app.
2.4. The app's range of functions includes the following areas:
• Search for nearby branches
• Easy management of contract data
• Access to contract details, such as vehicle data or rental payments
• Bonus point system
• Participation in campaigns
• Easy creation of callback requests
• Receiving personal messages from my branch manager or Pfando
2.5. System permissions requested by the app are used exclusively for the proper operation of the app and its functions. System permissions that are subsequently revoked or not granted may result in the app malfunctioning or individual functions not being available.
3. Rights to content
3.1. The app contains digital content from Pfando. This includes, in particular, all information, materials, and media published in the app in any form, especially texts, data, graphics, photos, software, sounds, music, videos, and other moving and still images and other material.
3.2. The digital content is protected by copyrights, trademark rights, database rights, and other applicable intellectual property rights that belong to Pfando or for which Pfando holds the right of use. No rights are granted by Pfando to the user.
4. Rights of use
4.1. The granting of rights to use the app is subject to compliance with these terms of use. If the user violates these terms of use, the rights to use the app, including its content, shall automatically expire.
4.2. Pfando may, at its sole discretion and without prior notice, block a user's access to this app, including all functions and content, in whole or in part, if there are reasons to believe that the user is violating the terms of use or causing damage through their use of the app, including its content.
4.3. In addition to the loss of usage rights, a violation of these terms of use may have further legal consequences for the user, for example in the case of illegal use of the app and its content. This also includes the cessation of further use and claims for damages. Any illegal use, in particular commercial reproduction, distribution, or publication for commercial purposes, will be prosecuted by Pfando under civil and criminal law.
5. User obligations and responsibilities, prohibitions
5.1. The user is obligated to use the app only lawfully in accordance with these Terms of Use and in compliance with applicable law. The user is responsible for this.
5.2. It is not permitted to transfer, publish, license, sell, or otherwise commercially exploit the app to third parties, whether for a fee or free of charge. No rights to the app may be rented, leased, or otherwise transferred.
5.3. It is not permitted to modify, adapt, translate, create derivative works from, reverse engineer, disassemble, or otherwise attempt to derive the source code of the app. Legal powers remain unaffected, in particular the user's right to decompile the app in order to obtain the information necessary to ensure its interoperability with other programs, provided that the provider does not make this information available to the user on reasonable terms. The user is not permitted to decompile the app for any other purpose.
5.4. Any use of the app that has a negative impact on the app itself or associated websites, or on software accessed through the app, is also prohibited. In particular, any manipulation of the app or program code, for example through viruses, Trojans, or other malicious program code, or other actions or tools that could cause damage to the app, the service, the digital content, or technical equipment, is prohibited.
6. Termination/Cancellation
6.1. Pfando may discontinue the app in whole or in part at any time, with immediate effect and without notice.
6.2. Furthermore, Pfando may terminate the contractual relationship for the use of the app with immediate effect for users of the app if there is an important reason. An important reason exists in particular in the event of use that violates the obligations and prohibitions under section 5.
6.3. The user may terminate use of the app at any time by sending an email to info@pfando.de. In the event of termination, the user is obliged to uninstall the app.
7. Warranty
7.1. Pfando provides the app to the user free of charge and "as is." In particular, no availability guarantee is given. Warranty rights and liability are excluded, unless mandatory liability applies under the Product Liability Act, due to intent, gross negligence, injury to life, limb, or health, the assumption of a quality guarantee, fraudulent concealment of a defect, or the breach of essential contractual obligations. This also applies to any support services.
7.2. Compensation for damages due to breach of essential contractual obligations shall be limited to foreseeable damage typical for this type of contract, unless there is intent or gross negligence. Essential contractual obligations are those obligations whose fulfillment is essential for the proper execution of a contract and on whose compliance the contracting parties may regularly rely.
7.3. Pfando endeavors to ensure that the digital content, information, and services published in the app are accurate, complete, and up to date, but does not guarantee this.
7.4. If the user accesses external websites via links in the app, the responsibility lies exclusively with the providers of these sites. Pfando does not adopt the content of these sites as its own. Any liability or warranty on the part of Pfando for the content of the linked sites is excluded. At the time of linking, no illegal content was apparent to Pfando on the linked sites. Pfando has no influence on current and future changes to the linked sites.
8. Data protection information
The data protection information from the vehicle purchase agreement applies.
9. Special conditions for the iOS version of the app
The following terms and conditions apply to the purchase of the app via the Apple App Store and the use of the app on the iOS operating system.
9.1. Maintenance and Support
As the publisher of the app, Pfando is solely responsible for maintaining and supporting the app in accordance with these Terms of Use. Apple assumes no obligation to provide any maintenance or support services in relation to the app.
9.2. No liability on the part of Apple for malfunctions
In the event of app malfunctions, you are free to inform Apple of this. To the extent permitted by law, Apple has no further obligations due to app malfunctions.
9.3. Product liability
Apple is not responsible for any claims you or third parties may have in relation to the app or its ownership or use, including
• Product liability claims,
• Claims based on the fact that the app does not meet applicable legal or regulatory requirements, and
• Claims under consumer protection and data protection laws or similar laws, including in connection with the use of HomeKit frameworks.
9.4. Infringement of third-party property rights
In the event that third parties assert claims against you for infringement of intellectual property rights by the App or your possession or use of the App, Apple shall not be responsible for the investigation, defense, settlement, or fulfillment of such claims for infringement of intellectual property rights.
9.5. US Embargoes and Sanctions
By accepting these Terms of Use, you confirm that you
• that you are not located in a country that is subject to an embargo by the government of the United States of America or has been designated by the government of the United States of America as a "terrorist supporting" country, and
• that you are not listed as a Prohibited or Restricted Party by the government of the United States of America.
9.6. Third-party benefits for Apple
You acknowledge and agree that Apple is a third-party beneficiary under these Terms of Use and that Apple may enforce these Terms of Use against you. The parties reserve the right to modify or terminate these Terms of Use, including Apple's rights hereunder, without Apple's consent.
10. Special Terms of Use Additional Terms Android Platform (Google)
10.1. Pfando grants Google a non-exclusive, worldwide, royalty-free license to copy, execute, display, analyze, and use the products in connection with
• the operation and marketing of Google Play
• marketing devices and services with which the products can be used
• improving Google Play and the Android platform, and
• reviewing compliance with this agreement and the developer program guidelines.
10.2. Pfando grants Google a non-exclusive, royalty-free license to distribute the products as specified in the Play Console.
10.3. Pfando grants users a non-exclusive, worldwide, and perpetual license to run, display, and use the products on the device. Users may also be a family group with a family administrator and family members whose accounts are combined for the purpose of forming a family group. Family groups on Google Play are subject to reasonable restrictions to prevent abuse of family sharing features. Users in a family group can purchase a single copy of a product and share it with other family members in their family group. This does not apply to in-app and subscription products, which cannot be shared.
If Pfando specifies in the Play Console that users are permitted to share purchased products, Pfando's authorization of users to share these purchased products is subject to this agreement. Pfando may incorporate a separate end user license agreement (EULA) into its product, which governs the user's rights with respect to the product. However, in the event of a conflict between the end user license agreement and this agreement, this agreement shall prevail over the end user license agreement.
10.4 This EULA is agreed exclusively between the user and the provider and not with Google. Google accepts no responsibility for the app.
10.5. Google is under no obligation to provide maintenance or support services in relation to the app.
10.6. The user may reinstall the app as many times as they wish, unless the app is removed from the Google Play Store by the provider or Google. If the app is completely removed from the Play Store, users will no longer have the right or the option to reinstall it.
11. Final provisions
11.1. The law of the Federal Republic of Germany applies.
11.2. Should individual provisions of these Terms of Use be or become invalid, this shall not affect the validity of the remaining provisions. The invalid or void provision shall be replaced by a provision that comes closest to the economic purpose of the invalid or void provision in an effective manner.