2.1 The service is offered to users by SBB AG, a public limited company under special law with its registered office in Bern, Switzerland.
2.2 SBB provides the service in partnership with MotionTag GmbH, which has its registered office in Potsdam, Germany (hereinafter referred to as “MotionTag”).
2.4 Users are granted the personal, non-transferrable and non-exclusive right to use the service within the limited timeframe of the contractual relationship.
2.5 SBB AG can adapt the scope and features of the service at any time.
2.6 The service is provided to customers to use in the form of an application on a mobile device.
2.7 SBB AG is entitled to enlist subcontractors to provide its services.
2.8 SBB AG and MotionTag will release updates to maintain and update the service for the term of the contract based on technical requirements and at their own discretion.
3.2 Users may use the service and the data and information contained therein for their own purposes.
3.3 Users are prohibited from using the service on behalf of a third party, using information relating to other persons, transferring the service to third parties, sharing login data with other persons or enabling other persons to access the service.
3.4 Users are prohibited from using the service to spy on other persons or from installing and using the application on a mobile device that is being used by another person in accordance with its intended purpose.
3.5 Users are prohibited from downloading or copying software or components thereof which form a integral part of the service any more than is necessary for using the service. They are also prohibited from decompiling or disassembling software or from exploiting it in any other way.
3.6 Users are not allowed to modify the service or parts thereof or change them in any way.
3.7 All information provided by the user while using the service must be complete and accurate.
4.1 Any liability on the part of SBB AG and MotionTag in connection with the use of or inability to use the service is excluded to the extent permitted by law, including liability for direct damages, consequential damages and loss of profit.
4.2 In particular, SBB AG and MotionTag do not accept any liability regarding the accuracy, current validity and completeness of the information provided in terms of either its content or its presentation. Any liability for loss of data is also excluded.
5.1 Users can stop using the service at any time and remove it from their device.
5.2 Users acknowledge that the “SBB MyWay” service is being offered on a provisional basis and may be discontinued at any time following prior notice.
8.1 This agreement is subject exclusively to Swiss law to the exclusion of international private law and the UN Convention on Contracts for the International Sale of Goods (CISG). Unless mandatory statutory regulations stipulate otherwise, the exclusive place of jurisdiction for all disputes arising in connection with this agreement shall be the courts of Bern, where SBB AG has its registered office.