Terms & Conditions

1. Provider & scope

The Service is provided by CybeLabs UG (haftungsbeschränkt), Rheinpromenade 9, 40789 Monheim am Rhein, Germany (“we" or “Provider"). Full details are in the Imprint. These terms apply to all users of the Service.

2. Description of the Service

DriveBattle is a gamified drive-tracking service for car and motorcycle rides. It includes GPS-based recording of routes, statistics, achievements, leaderboards, forming crews, and sharing drives and content within the community. The feature set may evolve. There is no entitlement to specific features or to uninterrupted availability.

3. Registration & account

Using the Service requires an account with a display name, email address and password. You must provide truthful information and keep your credentials secret. You are responsible for all activity carried out through your account. The Service is intended for persons aged 16 and over; minors require the consent of a legal guardian.

4. Responsible use in road traffic

DriveBattle is expressly built for responsible driving. On public roads, traffic laws, speed limits and all applicable regulations apply without exception. The Service is not an incentive or invitation to speed, race or drive unlawfully. Exploring the limits of vehicle dynamics belongs exclusively on race tracks and closed private courses.

Never operate the app while driving. Any interaction with the app (entering data, changing settings, checking values or leaderboards) must take place only when the vehicle is stationary or via a passenger. Using visual or audible displays while driving is permitted only within the applicable legal requirements and with a suitable mount. Configure all settings before you start. Responsibility for safe, lawful driving lies solely with you, the driver, at all times.

You act on the principle of personal responsibility. In particular, we assume no responsibility for whether you have the necessary physical and mental fitness, the appropriate driving licence and equipment, whether your vehicle is roadworthy, whether weather, road conditions and traffic allow safe driving, or whether the route, place and location data shown in the Service are correct. Assessing these circumstances is your responsibility alone.

5. User content

You retain all rights to the content you create (e.g. drive tracks, photos, sharecards, display name, place photos, crew posts). You grant us a non-exclusive, royalty-free right, unlimited in territory and time, to store, process and display this content to other users to the extent necessary to provide the Service and in line with your visibility settings.

You warrant that your content does not infringe third-party rights and is not unlawful, offensive, discriminatory or dangerous. Uploading content that calls for criminal offences or traffic violations is prohibited in particular. If you upload photos in which people are identifiable or which show third-party copyrighted works, you warrant that you are entitled to do so and have obtained the necessary consents.

We are not obliged to review user content in advance and do not adopt it as our own. We may remove or block content that breaches these terms, third-party rights or applicable law without prior notice; this does not give rise to any claim for compensation. Publicly shared competition data (e.g. leaderboard entries, published battle results) may be retained in anonymised or pseudonymised form, even after your account is deleted, to preserve the integrity of the leaderboards.

6. Prohibited conduct

The following are prohibited in particular: manipulating drive data, leaderboards or achievements (e.g. faked GPS data, “cheating"); automated scraping or bots; attacks on the infrastructure; circumventing security or privacy mechanisms; and any use that harasses or harms other users.

7. Moderation, warnings & suspensions

Users can flag content via the report function. We review reports and may remove reported content if it violates these Terms, third-party rights or applicable law. If content is removed, we inform its author. For evidentiary purposes we store, for every report, who created the content and who reported it - including after the content itself has been deleted.

Retention of removed content: Content removed by moderation (text and image) is kept in a moderation archive accessible to us only. This is necessary to decide on further measures such as a warning or suspension in a comprehensible way, to review your objection, and to substantiate the decision towards authorities. For other users the content is no longer visible from the moment of removal. Retention is limited to 180 days; afterwards the entry is deleted unless ongoing proceedings require otherwise.

Warning (strike): If several pieces of content by the same person are removed, we issue a warning. A warning suspends publishing - posts, comments, direct messages, crew chat and photo uploads - for seven days. Recording your own drives and accessing your own data remain possible during that time.

Repeat violations: If violations continue after a warning, we may suspend the account permanently.

We expressly reserve the right to suspend any account at any time, temporarily or permanently - in particular in case of breaches of these Terms, manipulation of drive data or leaderboards, unlawful content, endangerment of other users or of the Service, and to prevent abuse. A suspension may occur without prior notice; there is no entitlement to use of the Service or to compensation. While suspended, login is no longer possible and existing sessions are terminated.

If you consider a measure unjustified, you can object to it via support. We will review the objection and reverse the measure if it was taken wrongly. We reserve the right to take action against reporters who submit manifestly unfounded or abusive reports.

8. Data protection

The processing of personal data is governed by our Privacy Policy. Maps, routing and push notifications run on our own infrastructure; your location and drive data are not transmitted to Google, Mapbox, Firebase or similar. Privacy zones cut the start and end of your routes before they are shown to your crew.

9. Availability & changes

We strive for reliable operation but cannot guarantee uninterrupted availability (maintenance, faults, force majeure). We reserve the right to change or discontinue features, or to amend these terms, where required for legal or technical reasons. We will inform you of material changes in good time; continued use constitutes acceptance.

10. Termination & deletion

You can delete your account yourself in the app at any time. After deletion the account is deactivated immediately and permanently removed with all associated data after 30 days. We may suspend or delete accounts in the event of serious or repeated breaches of these terms.

11. Competitions, leaderboards & battles

Leaderboards, battles, achievements and similar competitive features are solely for playful entertainment. They are not an invitation to drive faster, more dangerously or unlawfully on public roads. A leaderboard position never justifies exceeding speed limits or breaching traffic law.

We assume no responsibility for the organisation, supervision, preparation or conduct of any competition, challenge, battle, group ride or other activity carried out using the Service. The Service merely provides the technical features; whether, when, where and under what conditions you drive is decided and answered for by you alone. Participation in driving-related activities is at your own risk.

12. Liability

The Service is for entertainment, statistics and community and is not a navigation, driver-assistance or safety system. We give no warranty as to the accuracy, completeness or timeliness of the data shown in the Service (in particular statistics, speeds, routes, places, leaderboards and maps); these depend, among other things, on GPS accuracy, network coverage and community data. Never rely on the app's displays in road traffic.

The Service is provided “as is". We are liable without limitation for intent and gross negligence and for injury to life, body or health. For ordinary negligence we are liable only for breach of material contractual obligations (cardinal duties) and limited to the typical, foreseeable damage. Any further liability is excluded. Mandatory liability under product-liability law remains unaffected.

We are not liable for damages arising from driving that violates traffic law or is dangerous or unlawful. Responsibility for your conduct in road traffic lies solely with you.

13. Indemnification

You will indemnify us against all third-party claims asserted against us due to an infringement attributable to you - in particular arising from content you have uploaded, your driving, or your participation in battles, challenges or other activities. This includes the reasonable costs of a necessary legal defence. Your obligation to indemnify does not apply to the extent that you are not responsible for the infringement.

14. Premium subscription (paid additional features)

Current status: at present all features of the Service are provided free of charge. There is no paid contract and no payment takes place. The following provisions of this section, and the withdrawal information in section 15, apply only from the point in time at which we actually offer a paid subscription, and only to users who enter into such a subscription. Free use of the Service remains unaffected.

14.1 Designation and scope. The paid offering is provided under the designation DriveBattle Premium. It comprises the following additional features: curvy route planning and round trips, advanced statistics including lean-angle analysis, offline maps and offline navigation, live traffic along your route, speed-camera warnings, GPX export and import, images in chat, and riding other people’s shared routes. All other features of the Service remain usable free of charge. We may continue to develop the scope of the offering; if a material promised feature is permanently discontinued, you may terminate the subscription for cause.

14.2 Price. The price is €49.99 per year, or alternatively €6.99 per month. All prices are total prices including any applicable value added tax. Decisive is the price shown to you in the order summary immediately before purchase; it may differ by country. Any additional data-connection charges from your mobile provider are borne by you.

14.3 Conclusion of contract and payment counterparty. The subscription contract is concluded when you bindingly confirm the purchase during the order process. Payment is processed via Google Play (Google Ireland Limited); that provider's terms additionally apply to billing, invoicing and refunds. Refund requests should be directed to Google Play; refunds are handled exclusively by Google. We remain the provider of the service itself and your contractual partner for the Service (section 1).

14.4 Term and renewal. The minimum term is one year or one month, depending on the plan you choose. The subscription renews automatically for successive periods of the same term (one year or one month respectively) unless cancelled beforehand. Any free trial period is one week on the annual plan; the monthly plan is offered without a trial period; if it is not cancelled before it expires, it converts into a paid subscription.

14.5 Cancellation. You may cancel the subscription with at least 24 hours before the end of the current billing period notice effective at the end of the respective billing period. Cancellation is carried out via the subscription settings of your Google Play account (Play Store → profile → Payments and subscriptions → Subscriptions); alternatively, a declaration in text form to the contact details in section 1 is sufficient. After cancellation the additional features remain usable until the end of the period already paid for. Cancelling the subscription is not the same as deleting your account (section 10) - deleting your account does not automatically terminate a subscription processed via a third party.

14.6 Payment default. If a due payment cannot be collected, we may block the additional features until the amount is settled. Data you have already recorded is unaffected and will not be deleted; the free features remain usable. Further statutory rights remain unaffected.

14.7 Price changes. A change to the price of an ongoing subscription only takes effect if you expressly consent to it. We will inform you in text form before it takes effect. If you do not consent, the subscription runs out at the previous price at the end of the current billing period. The rule in section 9 on amendments to these terms does not apply to charges.

14.8 Additional features obtained free of charge. Additional features can also be obtained without payment, for example via badges granting permanent access or by redeeming experience points. The following applies: Permanent unlocks granted during the beta phase (OG badge) remain valid without a subscription. For the relationship between such an unlock and a paid subscription running at the same time, the following applies: Redeemed XP periods and an active subscription are not offset against each other; whichever unlock lasts longer applies. There is no entitlement to cash payment, exchange or refund of additional features obtained free of charge.

15. Right of withdrawal for paid subscriptions

This information applies to consumers who enter into a paid subscription under section 14. A consumer is any natural person who enters into the transaction for purposes which are predominantly outside their trade, business or profession. As long as no paid subscriptions are offered, no withdrawable transaction arises.

Right of withdrawal. You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day of conclusion of the contract.

Exercising the right of withdrawal. To exercise your right of withdrawal you must inform us of your decision to withdraw from this contract by an unequivocal statement. Address the statement to: CybeLabs UG (haftungsbeschränkt), Rheinpromenade 9, 40789 Monheim am Rhein, Germany, email: [email protected]. You may use the model withdrawal form set out below, but it is not mandatory. To meet the withdrawal deadline it is sufficient for you to send your statement before the period expires.

Effects of withdrawal. If you withdraw from this contract, we shall reimburse all payments received from you without undue delay and in any event no later than fourteen days from the day on which we are informed of your decision to withdraw. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in no event will you be charged any fees as a result of such reimbursement. If payment was processed via a third party (section 14.3), reimbursement may be made via that same channel.

Early expiry of the right of withdrawal. In the case of a contract for the supply of digital content or digital services, your right of withdrawal expires early if we have begun performance of the contract and you have beforehand expressly consented to us beginning performance before the end of the withdrawal period and you have acknowledged that you thereby lose your right of withdrawal once performance begins. Because the additional features are unlocked immediately after purchase, we obtain that consent and that acknowledgement expressly during the order process: the Google Play purchase dialog, in which you confirm the price, term and automatic renewal before the purchase becomes binding. If you do not give that consent, performance will only begin after the withdrawal period has expired.

Model withdrawal form. If you wish to withdraw from the contract, you may fill in this text and return it to us:

To: CybeLabs UG (haftungsbeschränkt), Rheinpromenade 9, 40789 Monheim am Rhein, Germany, email: [email protected]
I/We hereby give notice that I/we withdraw from my/our contract for the supply of the following digital service: DriveBattle Premium
Ordered on: ____________
Name of consumer(s): ____________
Address of consumer(s): ____________
Email address used for the account: ____________
Signature of consumer(s) (only if this form is notified on paper): ____________
Date: ____________

16. Final provisions

German law applies, excluding the UN Convention on Contracts for the International Sale of Goods. Mandatory consumer-protection provisions of your country of habitual residence remain unaffected. Should any provision of these terms be invalid, the validity of the remaining provisions is unaffected.