Terms & Conditions

I. General Information

Welcome to Gapless (also under Gapless.App, Gapless-App.com, Gapless-App.de, Gapless: Car History and Gapless-App as well as Gapless Services), hereinafter referred to as “App”, an offer of Gapless:

New Horizon GmbH
Neue Schönhauser Str. 2,
10178 Berlin
Germany

hereinafter referred to as “New Horizon,” “we,” “us,” or “ours.”

The offer of Gapless services is based exclusively on these Terms of Use. Any terms and conditions of the User that deviate from these Terms of Use shall only become part of the User Agreement with New Horizon if and to the extent that New Horizon agrees in writing to the inclusion of such deviating terms and conditions. Any deviating or conflicting terms and conditions of the User shall not be included in the User Agreement with New Horizon, in particular, if

– the user merely refers to it and transmits it to New Horizon, or
– New Horizon does not expressly object to the validity of the user’s deviating terms and conditions of business, or
– New Horizon performs a Gapless service without reservation or unlocks a functionality in the app.

II. Subject matter of Contract, Conclusion of Contract

The App and all associated services, functions, modules, programs, software and platforms, hereinafter collectively referred to as “Gapless Services”, are provided by us, so that you as a user pictures, texts, information and dates around your classic cars, automobiles, etc.. (“KfZ”) in a profile (“KfZ-Profil”). The Vehicle Profiles may be transferred from one User (“Transferring User”) to another User (“Receiving User”) with the technical assistance of New Horizon within the App (“Profile Transfer”, see Section VIII.). You may also contact other Users, publish your own content (e.g., photos, videos) and information about events.

New Horizon provides the App and Services to the User free of charge for Internet-enabled mobile devices such as smartphones and tablet PCs (hereinafter referred to as “Devices”). The service content of the app and the services does not include the use of the Internet required for this purpose. The user shall be responsible for Internet access, the technical requirements and the configuration and performance of the terminal device for use of the application and for ensuring that the required software is up-to-date at their own expense.

The User’s registration pursuant to Section V shall constitute the conclusion of the User Agreement between the User and New Horizon. The text of the contract shall not be stored.

III. Additional services subject to a charge

New Horizon provides offerings of paid ancillary services related to the App and related services. Additional services are subject to special terms and conditions that supplement or deviate from these Terms of Use. Prior to ordering such additional services, the user is expressly informed of any costs incurred and receives all necessary information about the additional services and their special conditions prior to ordering.

IV. Changes to the Terms of Use

New Horizon reserves the right to change the Terms of Use if, after weighing the interests of both parties, there are valid legal and/or economic reasons to do so, e.g. in the event of serious technical developments, changes in the legal situation or jurisdiction or other equivalent reasons.

This shall apply:

  • New Horizon shall immediately notify the changed Terms of Use in text form (e.g. by e-mail, fax) to the contact data provided by the user.
  • The changes shall take effect at the earliest four weeks after receipt of the notification.
  • If the User does not object to the changes within this period or within a different period specified in the notification, the changes shall be deemed to have been accepted by the User through continued use of the New Horizon App or Gapless Services.
  • If the User does not wish to accept the changes, the User is free to terminate the User Agreement with New Horizon. If the change is to the User’s detriment, the User shall have a unilateral right of termination, which must be exercised against New Horizon at least in text form (e.g. by e-mail) within a period of two weeks from the date on which the change takes effect.

V. Registration, Accounts

To be able to access the full range of Gapless services, successful registration as a user of the Gapless services is required in any case.

All natural persons with a minimum age of 16 years are entitled to register as users. Registration as a group, couple or family is not permitted.

For the purpose of registration, the user submits the requested information (in particular name and e-mail address) completely and truthfully to New Horizon and creates a user name and password for their account. The telephone number may not be a value-added service telephone number and the address may only be the User’s address capable of being loaded (in particular no P.O. box and no parcel station).

Users who use the services in the exercise of their commercial or self-employed professional activity are excluded. The registration of a legal entity or partnership is excluded.
The user’s account is not transferable. There is no right to free registration.

VI. Communication within the Gapless services

New Horizon reserves the right to communicate electronically with the User in a variety of ways, including by e-mail, text message, API (Application Programming Interface), in-app push message, and electronic message stored in the Account in the App, unless and until the User has expressly objected to selected electronic means of communication.

The User agrees to electronic communication with New Horizon or within the Gapless Services for purposes of simplified contract execution. The user accepts that all consents, notifications, publications and other
communications that New Horizon communicates to him electronically do not require legal written form, unless mandatory statutory provisions require a different form of communication in individual cases.

VII. Use of the App, Obligations of the User

The use of the app as a mobile application requires the use of the latest version of the app.
The user is obliged to act extremely carefully when using the app or the services and to take into account the particular risks associated with the use of the Internet. In particular, it shall be responsible for the following duties of care:

  • The user is obliged to log out after each use of the app or service by clicking on the “Logout” button.
  • The user may not take any measures which could result in an unreasonable or excessive load on the app or the underlying infrastructure.
  • The user shall keep the password secret and protected against access by unauthorised third parties.
  • The user will keep the information and data stored in the account or in the app, in particular contact data such as the e-mail address, up to date and correct outdated, incomplete, misleading, untrue or incorrect information without culpable hesitation.
  • The User shall immediately notify New Horizon of any unauthorized use of its account or any related breach of security, e.g. by emailing feedback@gapless-app.com.

Users may not use addresses, e-mail addresses and other contact information received in connection with the use of the App or Services for any purpose other than contractual and pre-contractual communication relating to the use of the App and/or Services. In particular, it is forbidden to sell data or – in accordance with the applicable legal provisions – to use it for sending unsolicited advertising without corresponding authorization.

Users may not block, overwrite, modify, or otherwise interfere with any Content generated by New Horizon or any other user, including, but not limited to, if it could cause excessive load on the New Horizon infrastructure.

The user guarantees that their use of the app or services and the account is not for the following purposes:

  • Encourage other users to breach or violate New Horizon’s or other service providers’ terms of use (e.g., by prompting them to click on Adsense ads);
  • Use of contents of the app or the services (e.g. photos of other users), if he does not possess the necessary copyrights or rights of use;
  • Establishment of more than one account or fake accounts, in particular to deceive about one’s own identity;
  • Transmission of false information or representations about your person as well as false information about the affiliation to a person or corporation;
  • Perform reverse engineering, decompilation, or disassembly of any portion of the App or Services;
  • Automation of entries;
  • The use of data mining, robots or other data acquisition and extraction programs;
  • Falsification or manipulation of identifiers to disguise the origin of data transmitted to other users when using the App or Services;
  • The interruption or disruption of the App or Services or the use of the App or Services by other users;
  • The transfer, networking, sublicensing or licensing of the App or the Gapless services or the contents of the App to third parties without the consent of the copyright holder or the entitled parties;
  • Reproducing, copying, or duplicating the App or Services without the permission of the copyright owner(s) or the beneficiaries; or any act or omission that falsely suggests that another App or Service is associated with New Horizon;
  • The creation of one or more accounts after the account has been blocked or deactivated. Similarly, the performance of actions for blocked users or users excluded from use if the exclusion or blocking is known or remained unrecognized due to gross negligence.

VIII. Rights of use and profile transfer

The User grants New Horizon a non-exclusive, royalty-free, spatially and temporally unlimited right to use the content uploaded by the User to the App, in particular images and texts, for the purpose of using the App and performing additional services commissioned by the User.

In order to carry out a profile transfer commissioned by the user, the transferring user hereby grants New Horizon the exclusive, sub-licensable, royalty-free, spatially and temporally unlimited right of use to all rights associated with the vehicle profile.

New Horizon grants the receiving user the exclusive, royalty-free, spatially and temporally unlimited right of use to all rights associated with the vehicle profile for the purpose of carrying out the profile transfer. The granting of the aforementioned rights of use to the receiving user shall end when the transferring user withdraws the rights of use to the motor vehicle profiles from New Horizon.

IX. Warranty and Indemnity by the User

New Horizon merely provides the technical infrastructure for the use of the App’s functionalities; the user is responsible for their content design and testing. It is the responsibility of the user to ensure that the offers and content (in particular images and other information) posted by the user do not violate any applicable law, these Terms of Use or the rights of other users or third parties.

The User warrants that he is the owner of the rights assigned to New Horizon pursuant to Section VIII and that he is able to effectively grant New Horizon the rights set forth in Section VIII. The User further warrants that the Content is free from any third party rights that may conflict with the grant of rights under this Agreement.

The User hereby indemnifies New Horizon against all claims, including without limitation claims for copyright and personal rights infringement, asserted by other users or third parties against New Horizon for acts or omissions of the User that violate their rights. The foregoing indemnities shall not apply if the claim of the other User or third party results from New Horizon using the Content contrary to the purposes agreed in this Agreement. New Horizon’s indemnification claim shall also include the costs of necessary legal representation.

X. Trademarks & Trademarks, Licenses

In particular, our brands and trademarks may not be used by the user as described below:

  • in connection with any product or service that is not related to the App or Services, or
  • in such a way that there is a possibility of confusion of assignment, or
  • in a manner that disparages or discredits New Horizon, the App, or the Services.

Subject to compliance with these Terms of Use and any other agreements that may exist between the User and New Horizon and the timely payment of any fees due by New Horizon, New Horizon grants the User the non-exclusive, non-transferable, and non-sublicensable right to use the App and/or the Gapless Services for the purposes described in Section I.

The license granted does not include, in particular

  • the collection and/or use of the New Horizon App or Services and/or the content in the App or Services for their own purposes that go beyond the use of the App or Service to the extent permitted;
  • the downloading and/or copying of account information for the benefit of unauthorized third parties, in particular competitors of New Horizon;

A transfer of the app by the user – whether in whole or in part by way of the transfer of photos, images, descriptions, graphics or design – is expressly prohibited, unless individual screen displays and/or sections of the app are downloaded, displayed, stored or printed exclusively for personal purposes (such as documentation/proof of concept). The user is obliged to indicate the source by an easily understandable, legible, directly assigned and fixed reference.

XI. End of use, Termination

The User may terminate the use of the App and the Services at any time and without notice by deleting the App from your terminal device.

Users may terminate the user contract at any time. New Horizon is entitled to terminate the User Agreement at any time with 14 days’ notice to the end of the month.

The right to extraordinary termination remains unaffected. New Horizon’s right to block (see Section XI) shall remain unaffected.

New Horizon reserves the right to delete accounts from incomplete registrations and accounts in the App that have not been used for an extended period of time after a reasonable period of time. New Horizon will notify the user in a timely manner of the planned deletion using the contact information provided by the user; if the account is then used again, the deletion will not take place.

The termination of the user contract does not affect the validity of any additional services ordered.

XII. Measures

If there are concrete indications that a user culpably violates any legal provisions, the rights of third parties, such as in particular name, copyright and trademark rights, or these Terms of Use, or if New Horizon has any other legitimate interest, in particular to protect other users from fraudulent or other illegal activities, New Horizon shall be entitled to take one or more of the following measures:

  • Warning of the user;
  • Delay of the activation or publication of the account, the account status, and/or the other contents of the user;
  • Temporary suspension or final deletion of the account, the account status, and/or the other contents of the user;
  • Restriction of the use of the app and/or services by the user.

When selecting a measure, New Horizon shall take into account the legitimate interests of the user concerned, in particular whether there are any indications that the user was not at fault for the violation. Once a user has been finally blocked, there is no right to restore the blocked account. A new registration is then not permitted.
If New Horizon does not take any measures with regard to a violation of these Terms of Use committed by the User, New Horizon shall not at the same time waive the right to take measures with regard to future or similar violations.

XIII. Beta version, availability of the app and services

Please note that the app and/or services are currently partially provided in their beta version. This will be indicated by appropriate notices. As a result, the app and/or services may only be available for use for testing purposes, may not yet be fully set up or implemented, and may still have deficits.

New Horizon reserves the right to extend, improve, or otherwise change the Services offered at any time, including, but not limited to, in the interest of technological advancement and/or to prevent criminal practices or misuse of the App and/or Services.
New Horizon may use any third party (e.g., cooperation partners) at any time and to any extent to provide the Service.

Furthermore, we would like to point out that the availability and functionality of the app and the services cannot be guaranteed without interruption. The use of the App and the Services may be terminated or removed due to external circumstances or constraints, without any user claim against New Horizon. In particular, this may include technical disruptions, rule changes or decisions by operators of appstores.

XIV. Data protection

You can find our information on data security and data protection here: https://info.gapless.app/en/data-privacy-policy/. The recipient of data and information provided by users through the App is New Horizon. The data will only be processed for the purposes selected by the user (e.g. registration, profile creation, publication of content, contacting other users).

XV. Liability, Limitation of liability

Claims of the user for damages are excluded. Excluded from this are claims for damages by the User arising from injury to life, limb or health or from the breach of material contractual obligations (cardinal obligations) as well as liability for other damages based on an intentional or grossly negligent breach of duty by New Horizon or its vicarious agents. Material contractual obligations are those whose fulfillment is essential for the proper execution of the contract and on whose compliance the business partner may regularly rely.
In the event of a breach of material contractual obligations, New Horizon shall only be liable for the foreseeable damage typical of the contract if such damage was caused by simple negligence, unless the user’s claims for damages are based on injury to life, limb or health.
New Horizon’s liability under the Product Liability Act and other mandatory statutory liability provisions shall remain unaffected by the foregoing limitations and exclusions of liability.
The foregoing exclusions and limitations of liability shall apply to the same extent to the benefit of New Horizon’s legal representatives, employees and other vicarious agents.

XVI. Notes on the contract language

In the app or the services the languages German and English are available to the user. The contract language for legal transactions and contracts with New Horizon is generally German. The App and/or the Services shall also be displayed in English after the User has made the appropriate selection; however, this shall only affect the determination of the contractual language if the User initiates and executes the entire contract in English or has concluded an express agreement with New Horizon on the validity of a contractual language other than German, at least in text form.

XVII. Conciliation procedure

New Horizon is under no obligation to participate in dispute resolution proceedings before a consumer arbitration body within the meaning of the Consumer Dispute Resolution Act (VSBG), nor does New Horizon voluntarily participate in such proceedings.

In order to fulfil our duty to provide information under Regulation (EU) No. 524/2013 of the European Parliament and of the Council, we refer you to the link to the homepage of the European Commission’s Online Consumer Dispute Resolution Centre, which can be accessed at http://ec.europa.eu/consumers/odr. Further information on the online settlement of consumer disputes is available at this link.

XVIII. References to applicable law, Place of jurisdiction

The legal relationship between the user and New Horizon shall be governed exclusively by the laws of the Federal Republic of Germany (BRD) to the exclusion of the UN Convention on Contracts for the International Sale of Goods. If the user acts as a consumer, this shall only apply to the extent that the choice of law does not undermine the protection of mandatory legal provisions of the state in which the consumer has their habitual residence. A consumer is any natural person who concludes a legal transaction for purposes which can predominantly neither be attributed to their commercial nor their self-employed professional activity.

If the user is a merchant or has no general place of jurisdiction in Germany, the place of jurisdiction for any disputes arising from the business relationship with New Horizon shall be either Bietigheim-Bissingen or the registered office of the user at New Horizon’s option. In such cases, however, Bietigheim-Bissingen shall be the exclusive place of jurisdiction for legal actions against New Horizon. Mandatory legal provisions on exclusive places of jurisdiction shall remain unaffected by this.

XIX. Severability clause

Should a provision of this contract be void or contestable or be invalid for any other reason, the remainder of the contract shall nevertheless remain valid. The parties are aware that, according to the case-law of the Federal Court of Justice, a severability clause only leads to a reversal of the burden of proof. However, it is the express intention of the parties to maintain the validity of the remaining provisions in any case and, accordingly, to exclude the applicability of § 139 BGB as a whole. In such a case, the contracting parties undertake to replace the void, contestable or ineffective provision by a provision that comes as close as possible to their meaning and guarantees a corresponding economic success.