Terms of use

Terms of use dguard for the use of Digades dguard® after initial purchase

§ 1 General
(1) These Digades dguard® Conditions (hereinafter referred to as the "Conditions of Use") apply to all contracts concluded for the first time for the use of the Digades dguard® system between
Digades GmbH Digital and analogue circuit design
Outer Weberstraße 20, 02763 Zittau
Managing Director: Dipl.-Ing. Lutz Berger
Local court Dresden HRB 2775
Phone +49 3583 5775-0
fax + 49 3583 5775-444
(hereinafter "Digades")
and the customer.
The terms and conditions of sale agreed with the authorized seller at the time of purchase shall apply in addition to the terms of use between the customer and the seller.
The Terms of Use shall apply exclusively between Digades and the Customer with regard to the use of the Service. The version of the Terms of Use in force at the time of the conclusion of the contract is decisive. Digades does not accept any deviating terms of use of the customer. This also applies even if Digades does not expressly object to the inclusion of such terms.
The service contract between Digades and the customer is irrevocably concluded as soon as the customer has purchased the Digades dguard® system from the authorised dealer and the system has been activated by the latter. The service contract includes the services described in these conditions of use.
(2) Digades may subsequently amend the terms of use if this is necessary and the customer is not disadvantaged by the amendment in bad faith. The necessity may arise, for example, from a change in the legal framework for the provision of emergency call services or telecommunications services, from a change in the market conditions for these services, which Digades procures on the market for this purpose, or from the implementation of additional functions in the Digades dguard® product. The changes shall take effect at the time specified by the change itself, but not before Digades has deposited the changed conditions of use on the dguard® Customer Portal and has notified the customer of the deposit by e-mail to the e-mail address deposited by the customer on the dguard® Customer Portal.     

§ 2 Product features Digades dguard®
(1) System components
Digades is a supplier of hardware and software in the field of wireless communication solutions. In accordance with these conditions of use, Digades provides the customer with an automatic emergency call and theft warning system for single-lane motorcycles under the name Digades dguard® for the purpose of operating in public road traffic in Germany and in other countries in the list of countries attached as Annex 1. Its use in multi-track motor vehicles (especially trikes, quads or motorcycles with sidecars) is excluded. Digades dguard® consists of hardware components, an app for smartphones or Internet browsers for system configuration and display of a theft warning and a time-limited access to mobile phone communication (§ 3), which is required in particular for establishing a connection with the emergency call stations or the dguard® app. The hardware components consist of the dguard® eCall module and a dguard® SOS button. The hardware components can only be purchased from authorized dealers and can be retrofitted into the customer's door wheel and put into operation by them. The commissioning includes the time-limited access to mobile phone communication. Special conditions apply to the extension of mobile communication and the purchase and use of the app.
(2) Functionality
Digades dguard® recognises typical accident situations via the sensor data determined in the dguard® eCall module and automatically triggers a mobile emergency call to the responsible emergency call centre when an accident situation is detected and services are available (§ 3). Information necessary for the identification and localisation of the vehicle as well as for assistance ("emergency call information") is transmitted to the emergency call centre. If a theft is detected, Digades dguard® triggers, under the same conditions, a theft warning to be transmitted via mobile phone to the dguard® App to be installed and configured by the customer.
The emergency call information consists of the data that, in accordance with the Regulation (EU) 2015/758 of the European Parliament and of the Council of April 29, 2015, must be transmitted from on-board eCall systems to the emergency call centers in order to ensure compatibility and interoperability with a future, continuous and harmonized EU-wide eCall service within the meaning of the Commission's Delegate Regulation (EU) No. 305/2013 of November 26, 2012 ("EU-wide eCall service").
At the time of printing of these Terms of Use, the EU-wide eCall service itself is not yet guaranteed, as the EU member states have been granted a deadline of October 1, 2017 to implement the necessary infrastructure measures. Until the actual availability of the EU-wide eCall service, the emergency call information will therefore be transmitted by an automated announcement in the German mobile network in German, which will transmit the coordinates of the location, especially at the beginning of the emergency call. If the SIM card of the dguard® eCall Module is logged into the mobile phone network of another country listed in Appendix 1 at the time the emergency call is triggered, the announcement will be in English; if and insofar as an announcement in one of the official languages of the country concerned is implemented in the dguard® eCall Module at the time the emergency call is triggered, it will be in this language.        

 

The emergency call can also be triggered manually via the dguard® eCall button.

(3) System requirements
The customer is informed that the use and proper functioning of Digades dguard® requires proper installation by an authorised dealer and proper operation in accordance with the operating instructions supplied when the product was purchased. The operating instructions can be downloaded from www.dguard.com/manuals.
(4) Limits of the system
          The emergency call after an accident or a theft warning can fail in individual cases due to influences that cannot be influenced by Digades. Such influences are in particular:
a) Lack of integrity and vitality of the hardware components
The hardware components are also designed for the purpose of accident detection. Within the scope of this design, however, not every conceivable external force impact can be taken into account by special constructive measures. Dealers responsible for installation are therefore required to install hardware components only in protected locations in or on the vehicle. Should this be deviated from at the customer's request, this shall be at the customer's expense. In extreme accident situations, the hardware components themselves may be damaged and the system may not function properly.
In the event of the on-board power supply of the vehicle being interrupted, the power supply of the device is only ensured by a permanently installed battery, which is designed for one-time use only. The life expectancy of the unused battery is ten years. After a battery-based emergency call (e.g. in case of accidental disconnection of the cable harness of the dguard® module or otherwise faulty connection to the on-board power supply) as well as after the end of the life expectancy, the customer is responsible for having the battery checked and, if necessary, replaced by the dguard® customer service at an authorized dealer.
 b) Lack of typicality of the accident or theft situation
The software of the system concludes the existence of an accident or theft situation (hereinafter: "situation") from defined combinations of the data supplied by the sensor system of the system. The determination results from a conclusive evaluation, which is necessary to avoid false alarms (e.g. due to the vehicle falling over), but which itself is in conflict with the objective of detecting situations as completely as possible. In the presence of atypical situations in which the values of the sensor system suggest an event other than an accident or theft, no emergency call or theft warning is triggered despite the presence of an accident. Such atypical situations can occur, for example, if
- the motorcycle comes to a nearly vertical stop after an accident, for example because it is jammed between trees or wedged between other vehicles (this may not be reliably distinguished from emergency braking)

- the motorcycle is hit by an enemy vehicle from a standing position (this may not be reliably distinguished from a simple fall of the motorcycle) or
- the motorcycle is moved in a way that is not generally usual in traffic.   
(c) lack of availability of sufficiently accurate location data
The system generates the location coordinates required for the emergency call from values supplied by the Global Positioning System (GPS). If, for example, GPS fails, the GPS operator changes the accuracy of the location determination to an insufficient degree or if there is no connection to a sufficient number of GPS satellites available at the time of the accident (e.g. due to failures or shadows on the terrain), the accident location may not be determined and an emergency call may not be triggered. Letter d) applies accordingly.
d) Lack of network availability
To establish communication with the emergency call center and the dguard® eCall App, the system uses the public network of a German mobile phone operator bound by Digades for this purpose or a foreign mobile phone network available to this mobile phone operator via roaming. If a mobile phone connection cannot be established, an emergency call cannot be triggered. The details are regulated and explained in § 3 paragraph 2.
e) Use of foreign mobile networks
The system dials the EU-wide number 112 to trigger the emergency call. In the vicinity of national borders, it may happen for technical reasons that the SIM card of the dguard® eCall module does not log into the mobile network of the country in which the dguard® eCall module is located, but into a roaming network of the neighboring country; in this case, an emergency call center of the neighboring country is addressed. As long as the rescue system under eCall is not sufficiently harmonised throughout the EU, it cannot be expected that the emergency call to an emergency call centre in the neighbouring country will result in timely rescue measures at the scene of the accident and/or that the emergency call will be forwarded to the responsible emergency call centre at the scene of the accident. Even if the call is forwarded, there may be delays in initiating rescue measures.
The receipt of the theft warnings on the dguard® App requires an active data connection of the smartphone used, which does not exist without corresponding contract contents and corresponding configuration of the smartphone for data roaming; the same applies to the SMS connection of the smartphone in foreign mobile networks in the event that the customer has configured the receipt of the theft warning to send the the theft warning via SMS.      
f) lack of legal regulation of the processing of automated emergency calls
It is beyond Digades' influence and sphere of influence how the respective national emergency call centres in question process an incoming automated emergency call. In the interest of reliable location information, the operation of the emergency call centres in the EU member states traditionally requires the use of permanently installed emergency call pillars and/or the intervention of people using public communication infrastructure (especially mobile radio) regardless of location.

Only when the obligations of the EU Member States under the Commission's Delegate Regulation (EU) No. 305/2013 of 26 November 2012 have been fully met will the processing of automated emergency calls by eCall systems be ensured. Until that date, the functioning of the emergency call centres is subject to individual Member State regulations, which are of different content and depth, and in the absence of such regulations, to specific practices which cannot be taken into account by the functioning of the system. The system's mode of operation for the additional announcement in accordance with § 2 para. 2 subpara. 3 sentence 2 is based on § 4 para. 8 sentence 5 number 2 of the German Ordinance on Emergency Call Connections of 6 March 2009 (last amended by Article 1 of the Act of 26 November 2012), however, with the proviso that the SIM card permanently installed in the dguard® eCall module is used to establish the emergency call connection instead of a mobile phone. A comparable legal and/or instruction situation cannot be assumed for other member states of the EU or EEA. This applies in particular to the countries listed in Appendix 2.    
§ 3 Performance, availability, duration and costs of the services
         (1) dguard® Services
In order to provide the customer with the necessary mobile phone connection of Digades dguard®, Digades provides the customer with a mobile phone connection of the dguard® eCall Module for a period of two years (service contract). The service contract shall commence on the date of activation by the authorised dealer of the SIM card installed in the dguard® eCall Module purchased by the customer. The costs for the mobile phone connection are included in the purchase price for the first two years of use (basic term).
The customer is at liberty to discontinue the use at any time or to take the dguard® eCall Module out of operation without incurring any claims for reimbursement.
The service contract ends after the basic term without the need for termination or notification of termination, unless the customer makes use of the option to extend the service contract with costs on the dguard® customer portal under the heading "My dguard systems".
An extension of the service contract by the customer can be made on the dguard® customer portal under the heading "Contract extension". If the service contract is not extended within the basic term, the system is deactivated and the app can no longer be used. A reactivation and extension of the term by at least one year can be made up within two months after the end of the basic term at the standard rate according to the current price list.
Within the 3rd to 21st month after the end of the basic term, reactivation and extension of the term by two years from the date of reactivation can be made up for. In this case, a surcharge of 50% is levied in addition to the standard rate according to the current price list. The surcharge shall not apply if the first purchaser has transferred the Digades dguard® system he has purchased to a third party in accordance with the last paragraph of § 5 during the aforementioned period and the third party reactivates the system in his name after re-registering in the customer portal.

If reactivation and extension of the term is not effected by the end of the 21st month after the end of the basic term at the latest, the SIM card will be permanently and irrevocably deactivated. The system can then no longer be used as a whole and must be completely reactivated and registered with an authorised dealer.
 (2) Availability of the services
Digades dguard® is based on GPS-based data reception and radio-controlled data transmission via the SIM card built into the product. Digades has no influence on the availability and quality of the radio network operated by the network operator or the GPS network and cannot therefore guarantee the continuous and accurate determination of the vehicle data required for accident detection or the transmission of the emergency call to the emergency call centres at any time.
Digades dguard® is spatially limited to the reception and transmission range of the radio stations operated by the network operator and can also be affected in particular by atmospheric conditions of use, topographical conditions, the position of the vehicle and obstacles (e.g. bridges, tunnels, buildings). Furthermore, the transmission of the emergency call requires the functionality and operational readiness of the mobile radio network.
Digades dguard® malfunctions may also occur for reasons of force majeure and due to technical and other measures, such as maintenance and repair work on the network operator's equipment. Disruptions may also result from short-term capacity bottlenecks due to peak loads or from disruptions in the area of third-party telecommunications systems.
Digades will make all reasonable efforts to eliminate such faults immediately or to work towards their elimination.
(3) Costs of the services
The dguard® services are included in the purchase price for the customer for the first 24 months of the service contract ("basic term"); this only applies to the first conclusion of a service contract for a specific Digades dguard® system. After the end of the basic term, the fees published for this purpose by Digades on the Digades customer portal at the time of the respective conclusion of the service contract ("current price list") shall apply.
§ 4 Digades Apps
The app for the Digades dguard® system is available free of charge from the Apple App Store and from the Google Play Store. With the help of dguard®, users can record their motorcycle rides. The recorded data includes location, speed, direction, acceleration and rotation. On the basis of the above-mentioned data and with the help of several sensors, the dguard® app can determine whether an accident has occurred and, if necessary, automatically connect to the rescue control center after the accident. In addition, the dguard® app contains a theft warning. If the user's motorcycle is removed in his or her absence, the user receives a message on his or her smartphone ("alarm"). The use of the dguard® app from Digades requires compatible devices and the mobile phone receiver offered by Digades as well as sufficient Internet access. It is the user's responsibility to put or keep his device in a state that allows the use of the app. The dguard® app can be used to check that the dguard® system is correctly installed. The app can be deleted or uninstalled at any time when the system is no longer being used.

§ 5 Use of the services
The customer may not use Digades dguard® for illegal purposes. The customer is hereby informed that it is a punishable offence to intentionally or knowingly misuse emergency calls (see, for example, § 145 paragraph 1 number 1 of the German Criminal Code). The customer is obliged to indemnify Digades against all the costs of any misuse of emergency calls for which he is responsible. The customer is not responsible for the technically induced misuse of emergency calls by Digades dguard®.
The SIM card installed in the product may also only be used by the customer for the proper use of the Digades dguard® services.  
The customer may transfer the service agreement, including the possibility of extending it, to a third party without the consent of Digades, provided that the customer sells to this third party in full the Digades dguard® system purchased by him for which the service agreement was concluded and the third party re-registers the Digades dguard® system in his name on the dguard® customer portal.    
§ Article 6 Liability
(1) Digades accepts no liability for the accuracy, completeness and up-to-dateness of the data and information transmitted via Digades dguard®. The same applies to the consequences of malfunctions, interruptions and functional impairments in the transmission of the automatic emergency call or the automatic theft warning, particularly in the cases described in § 2 paragraph 4 and § 3 paragraph 2.
(2) Digades is liable in all cases of contractual and non-contractual liability in the event of intent and gross negligence in accordance with the statutory provisions for compensation for damages or reimbursement of futile expenditure.
(3) In other cases, Digades is liable - unless otherwise provided for in paragraph 4 - only in the event of a breach of material contractual obligations, consequently of such obligations whose fulfilment makes the proper execution of the contract possible in the first place and on whose compliance the customer regularly relies and may rely (so-called cardinal obligation), and this is limited to compensation for foreseeable and typical damage. In all other cases liability is excluded subject to the provision in paragraph 4.
(4) The liability of Digades for damages arising from injury to life, body or health and under the Product Liability Act remains unaffected by the limitations and exclusions of liability in paragraphs 2 and 3.
§ 7 Applicable law and place of jurisdiction
 (1) Choice of law
Unless mandatory legal provisions according to the customer's home law conflict, the law of the Federal Republic of Germany shall apply to the contract and these Terms of Use. The application of the UN Sales Convention is excluded.

(2) Place of jurisdiction
If the customer is a merchant, a legal entity under public law or a special fund under public law and has its registered office in Germany at the time of the order or if the customer does not have a general place of jurisdiction in the Federal Republic of Germany, the exclusive place of jurisdiction for all legal disputes arising from this contract shall be the registered office of Digades in Zittau. In all other respects, the applicable statutory provisions shall apply to local and international jurisdiction.

§ 8 Severability clause
Should one or more provisions of these terms of use be wholly or partially invalid or later lose their legal validity, the validity of the remaining provisions shall not be affected.

§ 9 Notes on the Battery Act
(1) Digades draws attention to the fact that the customer is legally obliged to return used batteries as an end user.
(2) The customer can return batteries free of charge after use to Digades or to the designated collection points (e.g. municipal collection points or retailers). The customer can also return the batteries to Digades by post. In this case, Digades will reimburse the customer for the postage for returning the used battery.
(3) The symbols shown on the batteries have the following meaning:
a) The crossed-out wheeled bin symbol means that the battery must not be disposed of with household waste.
(b) Pb = battery contains more than 0,004 % lead by mass
(c) Cd = battery contains more than 0,002 % cadmium by mass
(d) Hg = battery contains more than 0,0005 % of mercury by mass.

 

Terms of use Contract extension for the extended use of Digades dguard®

§ 1 General
(1) These Digades dguard® Conditions of Use Contract Extension (hereinafter "NBV") apply to all contracts for the extension of the use of the Digades dguard® system between
Digades GmbH Digital and analogue circuit design
Outer Weberstraße 20, 02763 Zittau
Managing Director: Dipl.-Ing. Lutz Berger
Local court Dresden HRB 2775
Phone +49 3583 5775-0
fax + 49 3583 5775-444
(hereinafter "Digades")
and the customer.
The NBV apply exclusively between Digades and the customer with regard to the use of the services. The version of the NBV in force at the time of renewal of the contract shall be authoritative. Digades does not accept any deviating conditions of the customer. This shall also apply even if Digades does not expressly object to the inclusion thereof.
(2) Digades may subsequently amend the NBV if this is necessary and the customer is not disadvantaged by the amendment contrary to good faith. The necessity may arise, for example, from a change in the legal framework for the provision of emergency call services or telecommunications services, from a change in the market conditions for these services, which Digades procures on the market for this purpose, or from the implementation of additional functions in the Di-gades dguard® product. The changes will take effect on the date specified by the change itself, but not before Digades has deposited the modified NBV on the dguard® Customer Portal and has notified the customer of the deposit by e-mail to the e-mail address deposited by the customer on the dguard® Customer Portal.     
§ 2 Digades dguard® product features
(1) System components
Digades is a supplier of hardware and software in the field of wireless communication solutions. In accordance with the provisions of this NBV, Digades provides the customer with an automatic emergency call and theft warning system for single-lane motorcycles under the name Diga-des dguard® for the purpose of operation on public roads in Germany and in other countries in the list of countries attached as Annex 1. Its use in multi-track motor vehicles (in particular trikes, quads or motorcycles with sidecars) is excluded. Digades dguard® consists of hardware components, an app for smartphones or Internet browsers for system configuration and display of a theft warning and temporary access to mobile telephone communication (§ 3), which is required in particular for establishing a connection with the emergency call points or the dguard® app. The hardware components consist of the dguard® eCall module and a dguard® SOS button. The hardware components can only be purchased from authorized dealers and can be retrofitted into the customer's motorcycle and put into operation by them. Commissioning includes temporary access to mobile phone communication. Special conditions apply to the extension of the mobile communication and the purchase and use of the app.

(2) Functionality
Digades dguard® recognises typical accident situations via the sensor data determined in the dguard® eCall module and automatically triggers a mobile emergency call to the responsible emergency call centre when an accident situation is detected and services are available (§ 3). Information necessary for the identification and localisation of the vehicle as well as for assistance ("emergency call information") is transmitted to the emergency call centre. If a theft is detected, Digades dguard® triggers, under the same conditions, a theft warning to be transmitted via mobile phone to the dguard® App to be installed and configured by the customer.
The emergency call information consists of the data that, in accordance with the Regulation (EU) 2015/758 of the European Parliament and of the Council of April 29, 2015, must be transmitted from on-board eCall systems to the emergency call centers in order to ensure compatibility and interoperability with a future, continuous and harmonized EU-wide eCall service within the meaning of the Commission's Delegate Regulation (EU) No. 305/2013 of November 26, 2012 ("EU-wide eCall service").
At the time of printing of this NBV, the EU-wide eCall service itself is not yet guaranteed, as the EU member states have been granted a deadline of October 1, 2017 to implement the necessary infrastructure measures. Until the actual availability of the EU-wide eCall service, the emergency call information will therefore be transmitted by an automated announcement in the German mobile network in German, which will transmit the coordinates of the location, especially at the beginning of the emergency call. If the SIM card of the dguard® eCall Module is logged into the mobile phone network of another country in Appendix 1 at the time the emergency call is triggered, the announcement is made in English; if and insofar as an announcement in one of the official languages of the country concerned is implemented in the dguard® eCall Module at the time the emergency call is triggered, it will be in this language.        
The emergency call can also be triggered manually via the dguard® eCall button.
(3) System requirements
The customer is informed that the use and proper functioning of Digades dguard® requires proper installation by an authorised dealer and proper operation in accordance with the operating instructions supplied when the product was purchased. The operating instructions can be downloaded from www.dguard.com/manuals.
(4) Limits of the system
          The emergency call after an accident or a theft warning can fail in individual cases due to influences that cannot be influenced by Digades. Such influences are in particular:
a) Lack of integrity and vitality of the hardware components
The hardware components are also designed for the purpose of accident detection. Within the scope of this design, however, not every conceivable external force impact can be taken into account by special constructive measures. Dealers responsible for installation are therefore required to install hardware components only in protected locations in or on the vehicle. Should this be deviated from at the customer's request, this shall be at the customer's expense. In extreme accident situations, the hardware components themselves may be damaged and the system may not function properly.
In the event of the on-board power supply of the vehicle being interrupted, the power supply of the device is only ensured by a permanently installed battery, which is designed for one-time use only. The life expectancy of the unused battery is ten years. After a battery-based emergency call (e.g. in case of accidental disconnection of the cable harness of the dguard® module or otherwise faulty connection to the on-board power supply) as well as after the end of the life expectancy, the customer is responsible for having the battery checked and, if necessary, replaced by the dguard® customer service at an authorized dealer.

 (b) lack of typicality of the accident or theft situation
The software of the system concludes the existence of an accident or theft situation (hereinafter: "situation") from defined combinations of the data supplied by the sensor system of the system. The determination results from a conclusive evaluation, which is necessary to avoid false alarms (e.g. due to the vehicle falling over), but which itself is in conflict with the objective of detecting situations as completely as possible. In the presence of atypical situations in which the values of the sensor system suggest an event other than an accident or theft, no emergency call or theft warning is triggered despite the presence of an accident. Such atypical situations can occur, for example, if
- the motorcycle comes to a nearly vertical stop after an accident, for example because it is jammed between trees or wedged between other vehicles (this may not be reliably distinguished from emergency braking)
- the motorcycle is hit by an enemy vehicle from a standing position (this may not be reliably distinguished from a simple fall of the motorcycle) or
- the motorcycle is moved in a way that is not generally usual in traffic.   
(c) lack of availability of sufficiently accurate location data
The system generates the location coordinates required for the emergency call from values supplied by the Global Positioning System (GPS). If, for example, GPS fails, the GPS operator changes the accuracy of the location determination to an insufficient level or if there is no connection to a sufficient number of GPS satellites available at the time of the accident (e.g. due to failures or shaded terrain), the accident location may not be determined and an emergency call may not be triggered. Letter d) applies accordingly.

(d) lack of network availability
To establish communication with the emergency call center and the dguard® eCall App, the system uses the public network of a German mobile phone operator bound by Digades for this purpose or a foreign mobile phone network available to this mobile phone operator via roaming. If a mobile phone connection cannot be established, an emergency call cannot be triggered. The details are regulated and explained in § 3 paragraph 2.
e) Use of foreign mobile networks
The system dials the EU-wide number 112 to trigger the emergency call. In the vicinity of national borders, it may happen for technical reasons that the SIM card of the dguard® eCall module does not log into the mobile network of the country in which the dguard® eCall module is located, but into a roaming network of the neighboring country; in this case, an emergency call center of the neighboring country is addressed. As long as the rescue system under eCall is not sufficiently harmonised throughout the EU, it cannot be expected that the emergency call to an emergency call centre in the neighbouring country will result in timely rescue measures at the scene of the accident and/or that the emergency call will be forwarded to the responsible emergency call centre at the scene of the accident. Even if the call is forwarded, there may be delays in initiating rescue measures.
The receipt of the theft warnings on the dguard® App requires an active data connection of the smartphone used, which does not exist without corresponding contract contents and corresponding configuration of the smartphone for data roaming; the same applies to the SMS connection of the smartphone in foreign mobile networks in the event that the customer has configured the receipt of the theft warning to send the the theft warning via SMS.      
f) lack of legal regulation of the processing of automated emergency calls
It is beyond Digades' influence and sphere of influence how the respective national emergency call centres in question process an incoming automated emergency call. In the interest of reliable location information, the operation of the emergency call centres in the EU member states traditionally requires the use of permanently installed emergency call pillars and/or the intervention of people using public communication infrastructure (especially mobile radio) regardless of location. Only when the obligations of the EU Member States under the Delegate Regulation (EU) No. 305/2013 of the Commission of 26 November 2012 have been fully met will the processing of automated emergency calls by eCall systems be ensured. Until this point in time, the operation of the emergency call centres is subject to individual member state regulations, which are of different content and depth, and in the absence of such regulations, specific practices that cannot be taken into account by the operation of the system. The system's mode of operation for the additional announcement in accordance with § 2 para. 2 subpara. 3 sentence 2 is based on § 4 para. 8 sentence 5 number 2 of the German Ordinance on Emergency Call Connections of March 6, 2009 (last amended by Article 1 of the Act of November 26, 2012), however, with the proviso that the emergency call connection is not established using a mobile phone carried on board but using the SIM card permanently installed in the dguard® eCall module. A comparable legal and/or instruction situation cannot be assumed for other member states of the EU or EEA. This applies in particular to the countries listed in Appendix 2.    


§ 3 Performance, availability, duration and costs of the services
(1) dguard® Services
In order to provide the customer with the necessary mobile phone connection of Digades dguard®, Digades provides the customer with a mobile phone connection of the dguard® eCall Module for a period of two years (service contract). The service contract shall commence on the date of activation by the authorised dealer of the SIM card installed in the dguard® eCall Module purchased by the customer. The costs for the mobile phone connection are included in the purchase price for the first two years of use (basic term). The app for the Digades dguard® system is available free of charge from the Apple App Store and the Google Play Store. The customer is free to stop using the dguard® eCall module at any time or to take the dguard® eCall module out of operation and to delete or uninstall the app without incurring any claims for reimbursement.
The service contract ends after the basic term without the need for a termination or notification of termination, unless the customer makes use of the option to extend the service contract with costs on the dguard® customer portal under the heading "My dguard systems".
An extension of the service contract by the customer to these NBV can be made on the dguard® customer portal under the heading "Contract extension". If the service contract is not renewed within the basic term, the system is deactivated and the app can no longer be used. A reactivation and extension of the term by at least one year can be made up within two months after the end of the basic term at the standard rate according to the current price list.
Within the 3rd to 21st month after the end of the basic term, reactivation and extension of the term by two years from the date of reactivation can be made up for. In this case, a surcharge of 50% is levied in addition to the standard rate according to the current price list. A reactivation and extension of the term by at least one year can be made up within two months after the end of the basic term at the standard rate according to the current price list.
If reactivation and extension of the term is not effected by the end of the 21st month after the end of the basic term at the latest, the SIM card will be permanently and irrevocably deactivated. The system can then no longer be used as a whole and must be completely re-acquired and registered with an authorised dealer.
(2) Availability of the services
Digades dguard® is based on GPS-based data reception and radio-controlled data transmission via the SIM card built into the product. Digades has no influence on the availability and quality of the radio network operated by the network operator or the GPS network and cannot therefore guarantee the continuous and accurate determination of the vehicle data required for accident detection or the transmission of the emergency call to the emergency call centres at any time.
Digades dguard® is spatially limited to the reception and transmission range of the radio stations operated by the network operator and can also be affected in particular by atmospheric NBV, topographical conditions, the position of the vehicle and obstacles (e.g. bridges, tunnels, buildings). Furthermore, the transmission of the emergency call requires the functionality and operational readiness of the mobile radio network.
Digades dguard® malfunctions may also occur for reasons of force majeure and due to technical and other measures, such as maintenance and repair work on the network operator's equipment. Disruptions may also result from short-term capacity bottlenecks due to load peaks or from disruptions in the area of third-party telecommunications systems.
Digades will make all reasonable efforts to eliminate such faults immediately or to work towards their elimination.
(3) Costs of the services
The dguard® services are included in the purchase price for the customer for the first 24 months of the service contract ("basic term"); this only applies to the first conclusion of a service contract for a specific Digades dguard® system. After the end of the basic term, the fees published for this purpose by Digades on the Digades customer portal at the time of the respective conclusion of the service contract ("current price list") shall apply.

§ 4 Use of the services
The customer may not use Digades dguard® for illegal purposes. The customer is hereby informed that it is a punishable offence to intentionally or knowingly misuse emergency calls (see, for example, § 145 paragraph 1 number 1 of the German Criminal Code). The customer is obliged to indemnify Digades against all the costs of any misuse of emergency calls for which he is responsible. The customer is not responsible for the technically induced misuse of emergency calls by Digades dguard®.
The SIM card installed in the product may also only be used by the customer for the proper use of the Digades dguard® services.
The customer may transfer the service agreement, including the possibility of extending it, to a third party without the consent of Digades, provided that the customer sells to this third party in full the Digades dguard® system purchased by him for which the service agreement was concluded and the third party re-registers the Digades dguard® system in his name on the dguard® customer portal.  
§ 5 Right of withdrawal
If you are a consumer (i.e. a natural person who places the order (extension of the service contract) for a purpose that cannot be attributed to your commercial or self-employed professional activity), you have a right of revocation with regard to the extension of the service contract in accordance with the statutory provisions.

For the right of revocation the regulations apply, which are reproduced in detail in the following
Cancellation policy
Right of withdrawal
You have the right to revoke this contract within fourteen days without giving reasons.
The revocation period is fourteen days from the date of conclusion of the contract.
To exercise your right of revocation, you must
  Digades GmbH Digital and analogue circuit design
         Outer Weberstraße 20, 02763 Zittau
         Phone +49 3583 5775-0, Fax + 49 3583 5775-444
         contactdguard [at] digades.com

inform us by means of a clear statement (e.g. a letter, fax or e-mail sent by post) of your decision to withdraw from this contract. You may use the attached model revocation form, which is not mandatory. You can also fill in and send the sample revocation form or another clear declaration electronically on our website shop.digades.de. If you make use of this option, we will send you confirmation of receipt of such a revocation immediately (e.g. by e-mail).
In order to comply with the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the end of the revocation period.
Consequences of revocation
If you revoke this contract, we shall reimburse you for all payments we have received from you without delay and at the latest within fourteen days of the day on which we receive notification of your revocation of this contract. For this repayment we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged for this repayment. If you have requested that the services be commenced during the cancellation period, you shall pay us a reasonable amount corresponding to the proportion of the services already provided by the time you inform us of the exercise of the right of cancellation in respect of this Agreement compared to the total scope of the services provided for in the Agreement.

End of the right of withdrawal
Prices and payment processing
All prices include value added tax. The services of Digades can only be ordered and obtained electronically. As no delivery is made, no shipping costs are incurred.

The fees for the service contract are due for payment immediately at the beginning of the respective extension period. The payment is processed exclusively via PayPal Plus.   

§ Section 6 Liability
(1) Digades accepts no liability for the accuracy, completeness and up-to-dateness of the data and information transmitted via Digades dguard®. The same applies to the consequences of malfunctions, interruptions and functional impairments in the transmission of the automatic emergency call or the automatic theft warning, particularly in the cases described in § 2 paragraph 4 and § 3 paragraph 2.
(2) Digades is liable in all cases of contractual and non-contractual liability in the event of intent and gross negligence in accordance with the statutory provisions for compensation for damages or reimbursement of futile expenditure.
(3) In other cases, Digades is liable - unless otherwise provided for in paragraph 4 - only in the event of a breach of material contractual obligations, consequently of such obligations whose fulfilment makes the proper execution of the contract possible in the first place and on whose compliance the customer regularly relies and may rely (so-called cardinal obligation), and this is limited to compensation for foreseeable and typical damage. In all other cases liability is excluded subject to the provision in paragraph 4.
(4) The liability of Digades for damages arising from injury to life, body or health and under the Product Liability Act remains unaffected by the limitations and exclusions of liability in paragraphs 2 and 3.
§ 7 Applicable law and place of jurisdiction
 (1) Choice of law
Insofar as there are no mandatory legal provisions according to the customer's home law to the contrary, the law of the Federal Republic of Germany shall apply to the contract and this NBV. The application of the UN Sales Convention is excluded.
(2) Legal venue
If the customer is a merchant, a legal entity under public law or a special fund under public law and has its registered office in Germany at the time of the order or if the customer does not have a general place of jurisdiction in the Federal Republic of Germany, the exclusive place of jurisdiction for all legal disputes arising from this contract shall be the registered office of Digades in Zittau. In all other respects, the applicable statutory provisions shall apply to local and international jurisdiction.
§ 8 Severability clause
Should one or more provisions of these NBV be invalid in whole or in part or lose their legal validity later, the validity of the remaining provisions of the NBV shall not be affected.
§ 9 Notes on the Battery Act
(1) Digades draws attention to the fact that the customer is legally obliged to return used batteries as an end user.
(2) The customer can return batteries free of charge after use to Digades or to the designated collection points (e.g. municipal collection points or retailers). The customer can also return the batteries to Digades by post. In this case, Digades will reimburse the customer for the postage for returning the used battery.
(3) The symbols shown on the batteries have the following meaning:
a) The crossed-out wheeled bin symbol means that the battery must not be disposed of with household waste.
(b) Pb = battery contains more than 0,004 % lead by mass
(c) Cd = battery contains more than 0,002 % cadmium by mass
(d) Hg = battery contains more than 0,0005 % of mercury by mass.