These General Terms and Conditions (GTC) of Swiss Federal Railways (SBB AG), Bern, Switzerland, govern the usage of SBB SmartWay.

By using SBB SmartWay, you accept the legally binding effect of the GTC set forth herein along with the data protection rules contained in the SBB SmartWay Privacy Policy.

We, SBB AG (SBB), are responsible for providing the service. Services are provided in conjunction with Axon Vibe AG (Axon Vibe), based in Lucerne, Switzerland.

The product is provided to you in the form of an application (app) on a mobile device and is only available to persons over the age of 16. You may use the services currently offered on the app in accordance with these GTC. In order to do so, you will receive a personal, non-transferable and non-exclusive right to use the app, which shall be limited to the period of the contractual relationship.

We may make adjustments to the scope of the services and to app functionality at any time. We shall provide support for and update the app throughout the term of the contract in line with technical requirements and at our discretion. If the app is active in background mode (even when the app is closed), the latest version will take effect immediately following any automatic app update. If the app update entails any substantive change to the GTC, you will be asked to consent to them again the next time you open the app.

We shall be entitled to involve sub-contractors, e.g. AT Internet, Google Maps, etc., in order to provide services. The app also incorporates third-party information (e.g. the charge level of an electric bike, etc.). The relevant GTC of the third-party service provider (e.g. Mobility, TIER, etc.) shall apply in relation to any such information. If you book a service from a third-party provider (e.g. an electric scooter, etc.) through the app, you must explicitly consent to the GTC of the relevant third-party service provider before receiving the service for the first time. You will be asked to consent to them again the next time you use the app in the event of any substantive change to the GTC of the third-party provider.

If you book services of third-party providers through the app, we shall be entitled, when the usage begins, to debit a provisional amount from the means of payment you lodged with us. This amount will be updated in line with the actual costs incurred after the booking has been completed. If the provisional debit transaction fails, we may prevent usage from starting. After a service of a third-party provider has been used through the app, the means of payment lodged by you will be debited. This may involve an exchange of data between the various SBB applications and the means of payment that you lodged (e.g. SBB Mobile app, SBB.ch, etc.).

Any individual products and services of our own shall be governed by the relevant GTC specific to them (e.g. for the SBB EasyRide Service, the SBB Augmented Reality application, etc.). In the event of any discrepancy, the relevant special terms and conditions shall take precedence. The withdrawal of consent previously granted to our location-based services (EasyRide, smart travel assistant, location data marketing) will only become effective after 24 hours.

We cannot accept any liability whatsoever for links provided within the app to third party websites. This includes the accuracy, comprehensive status and lawfulness of the content/links contained therein with other websites as well as any offers, products and services available on them. These websites no longer fall within our control. This also applies to any such websites displaying the SBB logo or any other protected designation. Any linked websites are therefore used at your own risk.

All rights, titles and claims (including copyright, trademarks, patents and other intellectual property or other rights) over, relating to or resulting from all information and content (including all text, data, graphics, logos, etc.) on the app shall remain with us or the relevant holder of the right (as specified e.g. in the GTC of a third-party provider).

The information and services contained on the app are provided to you for private use and information purposes only. You may reproduce individual pages and/or subsections of the app, provided that no copyright marks (e.g. SBB©, Google©, etc.) or any other designations protected by law are removed. All rights of ownership and usage shall remain with us. We can revoke this consent at any time.

It is not permitted:

• to reproduce any works that have been derived on the basis of the app (either in full or in part).
• to transmit (either electronically or otherwise), alter or use or create links to the information and services of any type contained in the app for public or commercial purposes.

You may export and use activity and location data in the app for your own purposes in accordance with your rights over your personal data.

Unless expressly permitted in these GTC or under the applicable law, you may not: a) copy or alter the app or generate any derived products created using the app; b) sell, transfer, sub-license, lease, lend or rent the app to third parties; c) reverse engineer, convert, decompile, emulate or disassemble the app; or d) allow the app’s functionality to become available in any way to multiple users. We reserve all rights over the app, except insofar as expressly granted to you in these Terms and Conditions.

The SmartWay app including the information contained in it (e.g. electric scooter availability, etc.) may be used and navigated on (visually, aurally or using “augmented reality”) at the user’s own risk and responsibility. Unless required otherwise by law, neither SBB nor its information providers shall incur any liability.

SBB accepts no liability in particular for the accuracy, up-to-date status and completeness of the information offered both in terms of its content (e.g. rail traffic disruption reports, charge level of electric bikes, navigation through a blocked underpass, etc.) as well as its presentation (e.g. map symbols, etc.). If you book services of third-party providers through the app (e.g. TIER electric scooters, etc.), SBB shall only act as an intermediary in relation to the service and shall not bear any operational responsibility other than for debiting the means of payment.

Liability shall also be excluded for loss of profit, app malfunctions of any kind including consequential damages (e.g. interrupted operations, disrupted functioning, viruses, malware or acts of terrorism etc.), misuse by third parties (e.g. consulting or copying data) or the loss of programs or other data contained within information systems.

You shall be liable to SBB for any use of the app that is improper, contrary to these GTC or illegal.

We reserve the right to alter app services and functionality as well as these GTC at any time. You will be informed concerning any substantive changes and invited to consent to the GTC once again. If you object to the GTC, your right of usage will expire with effect from the time when you reject the amended terms and conditions. You can suspend or end your use of the SmartWay app at any time and uninstall it from your device. We may terminate usage of the app subject to advance notice of 30 days. Notice of termination may be given electronically through the app. We shall be entitled to block usage of the app at any time without advance notice in the event of any breach by the user of these GTC or statutory provisions or in the event of any misuse of the app by the user.

This Contract shall be governed exclusively by Swiss law and the rules on the conflict of laws and the UN Convention on Contracts for the International Sale of Goods (CISG) shall not apply. Unless required otherwise by law, the courts of Bern, where SBB AG has its registered office, shall have exclusive jurisdiction over all disputes arising in relation to this Contract.