Terms of service

Terms of Service / EULA


OVERVIEW & APPLICABILITY
This platform is operated by get'osm AG, Kirchstrasse 5, CH-8962 Bergdietikon. Throughout the platform, the terms "we," "us," "our," "company," and "TheDrivers.App" refer to get'osm AG. get'osm AG provides this platform, including all information, tools, and services available on this platform, to you, the user, on the condition that you accept all the terms, conditions, policies, and notices stated here.

When you visit and/or sign up or register on our platform, you are using our "Service" and agreeing to be bound by the following Terms and Conditions ("Terms of Service," "Terms"), including any additional terms and policies mentioned herein and/or accessible via hyperlink. These Terms and Conditions apply to all users of the platform, especially users who are visitors, providers, customers, merchants, and/or content creators.

Please carefully read these Terms and Conditions before accessing or using any part of our platform. By accessing or using any part of the platform, you agree to abide by these Terms and Conditions. If you do not agree to all the terms of this agreement, you must not access the platform or use any services.

The granted right of use or the granted license of use is a non-transferable license. However, it authorizes the use of the platform on all devices supported by the platform. Including, but not limited to, devices from Apple Inc. (iPhone) and Google LLC (Android).

In addition, you acknowledge that these Terms and Conditions and the license to use them granted are only between the Company and you.

You acknowledge and agree that Apple and Apple's subsidiaries are third-party beneficiaries of this EULA, and that upon End User's acceptance of the terms of the EULA, Apple shall have the right (and shall be deemed to have accepted the right) to enforce the EULA against End User as a third-party beneficiary.

You acknowledge and agree that Alphabet Inc. and its subsidiaries are third-party beneficiaries of this EULA and that upon End User's acceptance of the terms of the EULA, Alphabet Inc. shall have the right (and Alphabet Inc. shall be deemed to have accepted the right) to enforce the EULA against End User as a third-party beneficiary.


CHANGES TO THE GENERAL TERMS AND CONDITIONS
All new features or tools that are added to the current platform are also subject to the Terms and Conditions.

You can view the latest version of this Terms and Conditions on this page at any time.

We reserve the right to update, modify, or replace parts of these Terms and Conditions by publishing updates and/or changes to our platform. It is your responsibility to regularly check this page for possible changes. In the case of significant changes, you will be informed of these changes through our platform before they take effect. By continuing to use or access the platform after the publication of any changes, this is considered acceptance of these changes.

SECTION 1 – OUR SERVICES
We provide you with a comprehensive platform to indulge your passion for vehicles, driving, and road trips. We connect you with individuals, groups, clubs, and organizations, and allow you to participate in community-generated events.


SECTION 2 - GENERAL TERMS / ACCESS TO THE PLATFORM
We reserve the right to refuse the service to any individual at any time for any reason.

By agreeing to these Terms and Conditions, you declare that you are at least the age of majority in your country of residence.

You may not use our Platform and Products for any illegal or unauthorized purpose, nor may you violate any laws in your jurisdiction (including, but not limited to, copyright laws) by using the Service.

You agree not to reproduce, duplicate, copy, sell, resell, or exploit any part of the Service, use of the Service or access to the Service or any contacts on the Platform through which the Service is offered, without express written permission from us.

Violation of or violation of any of these Terms will result in immediate termination of your Services.


SECTION 2.1 – MAINTENANCE AND SUPPORT
We reserve the right to restrict access to the platform for maintenance work. There is no right to access the platform at any time, nor is there any obligation to provide it.

Furthermore, you acknowledge that only we are responsible for support and maintenance and that there is no obligation on the part of service providers – e.g. Apple Inc. or Google LLC – to guarantee this.


SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if the information provided on this site is not accurate, complete, or up to date. The material on this website is for general information only and should not be relied upon as the sole basis for making decisions without examining primary, more accurate, more complete, or more up-to-date sources of information. Any reliance on the material on this website is at your own risk.

This page may contain certain historical information. Historical information is not necessarily up-to-date and is provided for your guidance only. We reserve the right to change any content on this website at any time, but we are under no obligation to update any information on our website. You agree that you are responsible for monitoring changes on our website.


SECTION 4 – SHARING CONTENT AND INFORMATION & INTELLECTUAL PROPERTY RIGHTS
You agree that your posted content does not violate any rights of any third party, including, but not limited to, copyright, trademark, privacy or publicity rights, or other personal or proprietary rights, and that you have the necessary rights and licenses. You further agree that your Content will not contain libelous, defamatory, or otherwise unlawful, offensive, hateful, or obscene material, or any computer viruses or other malware that could in any way affect the operation of the Services or any related application. You must not use a false email address, impersonate any person, or mislead us or any third party as to the origin of any content. You are solely responsible for your content and its accuracy. We are not responsible or liable for any content posted by you or any third party.

You give us permission to use the content you create and share. You retain ownership of any content you create. In particular, if you share, post or upload content protected by intellectual property rights on or in connection with our products, you grant us a non-exclusive, transferable, sublicensable, royalty-free and worldwide license to host, use, distribute, modify, perform, copy, publicly perform or display your content (in accordance with your privacy and app settings); to translate and create derivative works thereof. This license terminates when its contents are deleted from our systems.

You can delete individual content that you share, publish or upload at any time. In addition, all content posted to their personal account will be deleted when you delete their account.

You acknowledge that in the event of any third party claim solely you and only are responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim. Neither is the company or any services provider (Apple Inc., Google LLC, and others).

For our standards and more detailed regulations, please read our Content Policy: https://thedrivers.app/content...


SECTION 5 – THIRD-PARTY SERVICES AND EVENTS
Certain content, products, and services available through our Service may include third-party materials.

Third-party links on this platform may take you to third-party websites that do not work with us. We are not responsible for examining or evaluating the content or its accuracy, nor do we make any warranty and/or liability or responsibility for any third-party materials, websites, products or services.

We are not liable for any damages arising in connection with the purchase or use of goods, services, resources, content, or other transactions in connection with third-party websites and/or their events.

To the fullest extent permitted by law, you hereby waive any and all claims, demands, causes of action, damages, losses, expenses or liabilities arising out of or relating to your participation in any event, including negligence, inherent and unforeseen risks, injury or damage to any person or property and acts of any third party or event attendee and spectator.


SECTION 6 – USE OF ROUTE TRACKING
The "Routes" feature and the associated functions are not exact and are not to be used for everyday navigation. The user ensures that he always complies with the provisions of the law and devotes his attention to road traffic and its road users. You acknowledge that there are inherent and unforeseen risks associated with the use of the Routes feature, including, but not limited to, contact or collision with people or objects, obstacles, hazards related to equipment, weather-related hazards, inadequate first aid and/or emergency response, issues related to judgment and/or behavior, and natural hazards.

To the fullest extent permitted by law, you hereby waive all claims, demands, causes of action, damages, losses, expenses or liabilities arising out of or relating to the use of this feature, including negligence, inherent and unforeseen risks, injury or damage to any person or property, and acts of any third party or event attendee and spectator.


SECTION 7 - USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS
If, at our request, you submit certain submissions (e.g., contest entries) or without a request from us any creative ideas, suggestions, proposals, plans, or other materials online, by email, by mail, smartphone manufacturer stores (Apple/Google), or otherwise (collectively, "Comments"), you agree that we may use comments that you forward to us, edit, reproduce, publish, distribute, translate and otherwise use in any medium at any time and without restriction. We are not and will not be obligated to (1) keep any comments confidential, (2) pay any compensation for any comments, or (3) respond to any comments.

We may, but are not obligated to, monitor, edit or remove any content that we deem to be unlawful, abusive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable, or infringing the intellectual property of any party or these Terms and Conditions.


SECTION 8 - PERSONAL DATA
The transmission of personal data via the platform is subject to our privacy policy. Please read our privacy policy: https://thedrivers.app/privacy


SECTION 9 - ERRORS, INACCURACIES AND OMISSIONS
From time to time, our platform or service may contain typographical errors, inaccuracies or omissions. We reserve the right, at any time and without prior notice, to correct any errors, inaccuracies and omissions and to change or update information or cancel orders if any information relating to the Service or the Platform is incorrect.

We undertake no obligation to update, change or clarify any information relating to the Service or Platform, including, but not limited to, pricing information, except as required by law. Quoted update data provided in relation to the Service or on any related application should not be construed as an indication that all information relating to the Service or on any related application has been changed or updated.


SECTION 10 - TERMS FOR PAID SERVICES

This section applies to all purchases of paid services within the app, including automatically renewing subscriptions and one-time purchases. This section does not apply to the sale of physical products or other related services.

By making a purchase or using these paid services, you accept our terms and conditions.

If you do not agree to the terms and conditions, you are not allowed to acquire, access, or use our paid services.


10.1 – Paid Services
Paid services include content and personalized interactive services. These can be one-time purchases or automatically renewing subscriptions. Specific information about the offerings can be found in the shop within the platform.

We are entitled to change, suspend, or terminate the paid services at any time and without giving reasons. It is solely at our discretion to determine which parts of our platform are subject to charges. The company shall not be liable to you or any third party for changes, price modifications, blocking, or discontinuation of the services.

The company reserves the right to restrict or deny access to the platform, or to discontinue platform services at any time and without providing reasons, without the right to a refund.10.2 - Payment Processing by Third Parties

We do not handle payments directly and do not have access to your payment information. Payments for the platform are processed through the Apple App Store, the Google Play Store, or the payment platform provided by Stripe.

By using our purchasing service, you expressly authorize us and our third-party payment processors (Google LLC, Apple Inc., and Stripe, Inc.) to charge you for these transactions.

We may ask you to provide additional information for your transaction, including your credit card number, the expiration date of your credit card, and your email and mailing address for billing and notification purposes (this information referred to as "Payment Information").

You represent and warrant that you are legally authorized to use all payment methods specified in this Payment Information.

When you initiate a transaction, you authorize us to disclose your Payment Information to third parties to enable us to complete your transaction and charge your chosen payment method for the type of transaction you've selected.

You may be required to provide additional information to verify your identity before completing your transaction (such information is included in the definition of Payment Information).

By initiating a transaction, you agree to the pricing, payment, and billing policies applicable to such charges and fees, which have been disclosed or otherwise communicated to you.

All payments for transactions are non-refundable and non-transferable unless expressly provided for in these terms. Additional fees and taxes may be charged to you as necessary. We are not responsible for fees imposed by third parties.


10.3 - Subscriptions
The duration of your subscription may vary, with monthly or yearly automatic renewal terms, as described in the course of your transaction. Your subscription will automatically renew for additional subscription periods as long as your subscription is active, until you cancel it or we suspend or terminate the provision of the subscription in accordance with our terms and conditions. Unless otherwise specified by us, you will be charged before or at the beginning of each renewal period.

By agreeing to these terms and choosing to purchase a subscription, you acknowledge that your subscription includes recurring payment features and that you assume responsibility for all recurring payment obligations prior to canceling your subscription, whether by you or by us. Your subscription will continue until you cancel your subscription in the manner described in these terms.

10.4 - Cancellation of Paid Services & Refund Policy
Your purchase is final, and you cannot cancel the purchase and/or receive a refund of your one-time payment or subscription fee at any time.

You can cancel your subscription at any time, up to 24 hours before the next renewal period. Your cancellation will take effect at the end of the current subscription term. By canceling a subscription, you are only canceling future charges for your subscription. You will not receive a refund for the current subscription period for which you have already paid.

In the event of any unexpected issue during the completion of a transaction, we reserve the right to cancel your transaction for any reason; if we cancel your transaction, we will refund any payments you have already made to us for that transaction.

When you cancel a subscription, your right to use the paid services will continue until the end of the current subscription period and will then expire without further charges.

In the event of a violation of our terms of use, we will terminate your account and will NOT provide a refund. You are still responsible for canceling subscriptions using the methods described here.

If you cancel your subscription, please note that we may still send you promotional messages about our platform and products, unless you opt out of receiving such communications by following the unsubscribe instructions provided in the messages or using the platform's opt-in/out feature.

We reserve the right to grant refunds, discounts, or other compensations to individual or all users at any time for any reason. The amount and form of such credits, as well as the decision to grant them, are solely at our discretion. Granting credits in one instance does not entitle you to future credits in similar instances, nor does it obligate us to grant credits in the future.

Simply deleting the platform's app from your device DOES NOT result in the cancellation of your subscription, and you are still obligated to pay the recurring fees until you cancel your subscription in the manner described in these terms.

You can cancel the subscription through the features of the app store where you subscribed to the subscription. The cancellation terms of the respective app store apply, and you must cancel your subscription at least 24 hours BEFORE the next renewal period.

Apple App Store: https://apps.apple.com/account/subscriptions

Google Play Store: https://play.google.com/store/account/subscriptions?package=app.thedrivers


10.5 – Prices & Discounts
SAVINGS, DISCOUNT, or similar terms refer to the price compared to the regular price or to other offers presented in the platform's shop. X months free or X months included, inclusive, or similar terms mean a comparison to the regular price or to other offers presented in the platform's shop.

We reserve the right to adjust prices at any time. Price changes will take effect at the beginning of the next recurring billing period.


SECTION 11 - PROHIBITED APPLICATIONS
In addition to other prohibitions set forth in the Terms and Conditions, you are prohibited from using the Platform or its content for: for unlawful purposes; to solicit others to perform or participate in unlawful acts; to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances; to interfere with or violate our intellectual property rights or the intellectual property rights of others; to harass, abuse, insult, harm, defame, slander, denigrate, intimidate or discriminate on the basis of gender, sexual orientation, religion, ethnicity, race, age, national origin or disability; transmit false or misleading information; to upload or transmit viruses or any other type of malicious code that in any way interferes with the functionality or operation of the Service or any related website, other websites or the Internet; to collect or track personal information of others; for spamming, phishing, pharming, pretexting, spidering, crawling or scraping; for any obscene or immoral purpose; or to interfere with or circumvent the security features of the Service or any related website, other websites or the Internet. We reserve the right to terminate your use of the Service or any related application if you fail to comply with any of the prohibited applications.


SECTION 12 - E-Mails & Newsletter

Consent for the platform's newsletter is obtained within the registration process, where you voluntarily give your consent by clicking a button. You can revoke this consent at any time through the platform's settings or by unsubscribing using the link provided in the email.

Regardless of the newsletter consent, you may receive emails from the platform if they are essential for a platform function or if they are required due to technical or legal obligations. For instance, this might include account verification, invoice receipts after purchasing a subscription, digital delivery of event tickets, or similar functions.


SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that the use of our service will be uninterrupted, timely, secure or error-free.

We do not guarantee that the results that may be obtained from the use of the Service will be accurate or reliable.

You agree that from time to time we may remove the Service indefinitely or discontinue it at any time without notice to you.

You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and services offered to you through the Service are provided to you (unless expressly stated by us) "as is" and "as available" for your use without any representations, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose Purpose, resilience, liability for defects of title or non-infringement of third party rights.

In no event shall the Company, our directors, officers, employees, subsidiaries, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, but not limited to, lost profits, lost revenue, lost savings, loss of data, replacement costs or similar damages, whether based in contract, tort (including negligence), strict liability or otherwise arising out of the use of the Service or any products procured through the Service, or for any other claim related in any way to the use of the Service or any Product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.

Because some jurisdictions or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

Further you agree that you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a “terrorist supporting” country and that you are not listed on any U.S. Government list of prohibited or restricted parties.


SECTION 14 – Warranty
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE LICENSED APPLICATION IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED APPLICATION AND ANY SERVICES PERFORMED OR PROVIDED BY THE LICENSED APPLICATION ARE PROVIDED "AS IS" AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND LICENSOR HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE LICENSED APPLICATION AND ANY SERVICES, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND OF NONINFRINGEMENT OF THIRD-PARTY RIGHTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY LICENSOR OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE LICENSED APPLICATION OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.


SECTION 15 - SEVERABILITY CLAUSE
If any provision of these Terms and Conditions is found to be unlawful, void or unenforceable, such provision shall nevertheless be enforceable to the extent permitted by law, and the unenforceable portion shall be deemed to be severed from these Terms and Conditions, such determination not affecting the validity and enforceability of the remaining provisions.


SECTION 16 – Cancellation / Account Termination
The obligations and liabilities of the parties that arose before the termination date shall survive the termination of this agreement for all purposes.

These Terms and Conditions shall remain in effect until terminated by you or us. You can terminate these Terms and Conditions at any time by deleting your account with us.

If you fail to comply with any provision of these Terms and Conditions or if we suspect such failure in our sole discretion, we may terminate this agreement immediately and you will remain liable for all amounts due up to and including the termination date and/or we may deny you access to our services (or parts thereof).

You agree that the company may, at its sole discretion, suspend or terminate your account (or a part of it) or the use of the service, and may remove and discard any content within the service, for any reason, including lack of use or if the company believes you have violated the letter or spirit of these terms of use or acted inconsistently with them. Any suspicion of fraudulent, abusive, or illegal activity that may be a reason for terminating your use of the service can be reported to the appropriate law enforcement authorities. The company may also, at its sole discretion and at any time, discontinue the provision of the service or a part thereof with or without notice, and the company may immediately deactivate or delete your account and all associated information and files in your account and/or block any further access to such files or the service. You further agree that the company is not liable to you or any third party for the termination of your access to the service.

Deleting your account does NOT result in the cancellation of purchased and/or subscribed paid services, and you are still obligated to pay the recurring fees until you cancel your subscription in the manner described in these terms.


SECTION 17 - ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.

These Terms and Conditions, as well as any policies or operating rules published by us on this Platform or in relation to the Service, constitute the entire agreement and understanding between you and us, govern your use of the Service, and supersede all prior or contemporaneous agreements, communications and proposals, oral or written, between you and us (including, but not limited to, prior versions of the Terms and Conditions).

Any ambiguity in the interpretation of these general terms and conditions is not to be understood against the drafting party.


SECTION 18 - APPLICABLE LAW AND JURISDICTION
These Terms and Conditions and any separate agreements under which we provide services to you are governed by Swiss law. The place of jurisdiction is the registered office of the company.