1.1 These terms of use govern the provision and use of the “SBB MyWay” service (hereinafter referred to as the “service”). 

1.2 By using the service, users accept these terms of use and the privacy policy. 

1.3 The regulations on data protection are set out in SBB’s privacy policy. 

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”). 

2.3 SBB AG enables customers to use the service in accordance with these terms of use and the current range of services offered by the service. 

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. 

3.1 The service is to be used on the users’ own initiative or at the invitation of SBB AG in connection with research projects. The service may be used after the research project has finished, in which case the regulations set out in these terms of use shall continue to apply. 

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 Participation in the competition and the trophy is free and does not depend on making a purchase. Equal opportunity is guaranteed.

4.2 You can participate in the trophy by starting the trophy in the application.

4.3 You can participate in the competition by exchanging your trophy points for tickets.

4.4 All users of the app are entitled to take part. 

4.5 Employees of the companies participating in the draw are excluded from entering.

4.6 The winners will be chosen at random by draw after the competition deadline. The more tickets that are redeemed per draw, the higher the chances of winning.

4.7 The organisers’ decision is final. No correspondence will be entered into.

5.1 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. 

5.2 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. 

5.3 Users are liable to SBB AG and MotionTag for any misuse of the service or any use of the service in a way that is unlawful or contrary to these terms of use. 

6.1 Users can stop using the service at any time and remove it from their device. 

6.2 Users acknowledge that the “SBB MyWay” service is being offered on a provisional basis and may be discontinued at any time following prior notice. 

6.3 SBB AG is entitled to block the use of the service at any time without notice and without giving a reason if a user violates these terms of use or the applicable legal provisions or if the service is misused or is suspected to have been misused. 

7.1 SBB AG and MotionTag can change the services and features offered by the service as well as these terms of use at any time. Users shall be notified of any amendments to the terms of use before they come into effect. By using the service again after being notified, users accept the amendments to the terms of use.

7.2 Users who do not agree to the amended terms of use shall lose their right of use when the amended terms come into effect. 

8.1 Should individual provisions of these terms of use prove to be invalid, incomplete, null and void, ineffective or unlawful, the validity of the agreement shall not be affected. In this case, the provision concerned is to be replaced by an effective clause which reflects the content and commercial purpose of the invalid provision as closely as possible. 

9.1 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. 

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