Platform T&Cs | eco.mio

General Terms & Conditions for Users

Version 1.0

1. Scope

eco.mio GmbH, Alexander-Schmoll-Str. 16, 82031 München (hereinafter referred to as “eco.mio”) operates a business-to-business software-as-a-service Web App and Services which allows business customers to reach their climate targets while realizing significant cost savings by incentivizing employees (herein referred to as “Users”) to travel consciously.
These Terms of Service (hereinafter referred to as “Terms”) regulate the contractual relation between eco.mio and each individual User. They govern the use of eco.mio’s Web App and Services by the User in the course of his employment with a Customer of eco.mio. These Terms are concluded independently of any other agreements.
These Terms shall apply exclusively. Differing, conflicting or additional terms and conditions which the user may have agreed to with his employer or with third parties shall only become part of the Contract to the extent to which eco.mio has expressly agreed to their validity in writing.

2. Definitions

The capitalized terms used in these Terms shall have the meanings as defined in this Clause 2.
“Authorised Users” or “Users” means the individual persons who come into contact with eco.mio’s Services in the course of their employment at eco.mio’s Customers and who use these services when making job related travel bookings, or third parties who are authorised to use the SaaS Services via the access of eco.mio’s Customer within the scope of the rights of use acquired by the Customer.
“GDPR” means Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC.
“Individual Contract” means the SaaS contract concluded between the Customer and eco.mio for the provision of SaaS Services and/or Additional Services.
“Customer” means the user’s employer and business partner of eco.mio through whom the user comes into contact with eco.mio’s service.
“Customer Data” means all information and data as well as other content and information that the Customer provides to eco.mio in connection with the use of the SaaS Services.
“Web App” means the software-as-a-service web application operated by eco.mio.
“SaaS Services” or “Services” means the SaaS-based services provided by eco.mio via the Web App and Online Booking Tool Extension by means of a software-as-a-service solution, including customer information and retention services.
“Online Booking Tool Extension” (OBT Extension) means the software-as-a-service add-on operated by eco.mio and accessible via an active Browser Extension on the registered Online Booking Tool of the Contractual Partner.
“Travel data” means all information and data provided by users, the Customer’s organization or third parties. This data includes personal details (name, employee ID, job title, unit), contact information (e-mail address), work assignment locations, travel bookings and expenses (booking date, travel date, origin, destination, provider, time, cost, service class, tariff).
“Contract” means the Individual Contract concluded between eco.mio and the Customer.
“Contractual Services” are the SaaS Services and/or Additional Services to be provided according to the Individual Contract.
“Confidential Information” means all information disclosed to one party by the other party, whether in writing, electronically or orally, digitally or in any other form, insofar as such information (a) involves the trade secrets protected under Sect. 2(1) of the German Trade Secrets Act (GeschGehG), and/or (b) relates to the business interests and affairs of the respective party or those of affiliated enterprises within the meaning of Sect. 15 of the German Stock Corporation Act (AktG) and is expressly marked as “confidential” or should be considered confidential due to the nature of the information or the circumstances of its disclosure. Confidential Information includes, but is not limited to, information relating to technologies, inventions, software and/or hardware, new products, intellectual property, know-how, marketing plans, financial situations, business strategies, business relationships, business plans, business calculations, pricing policy or personnel matters of one of the parties. Confidential Information also includes the content of the Individual Contract concluded between the Customer and eco.mio.
“Website” means the website operated by eco.mio, which is available at: https://ecomio.com.
“Additional Services” means the additional services, if any, to be provided by eco.mio under the Individual Contract.
“Force Majeure” means events or circumstances that could not have been foreseen at the time of Contract conclusion despite reasonable care, are beyond eco.mio’s sphere of influence, and could not have been avoided or overcome by reasonable measures on the part of eco.mio. In particular, these include but are not limited to: a) war and other military conflicts, terrorist attacks, civil war, riots, insurrections; b) currency and trade restrictions, embargoes; c) explosions and fires not caused by eco.mio; d) floods, earthquakes, typhoons and other natural disasters or extreme natural events; e) epidemics/pandemics and diseases; f) labour unrest not caused by eco.mio, such as industrial action; g) actions, failures to act or measures of a government or official orders; h) faults or failure of operating facilities (or parts thereof) not caused by eco.mio, which are necessary for the fulfilment of the Contract.

3. Object of the Contract, amendments to the Terms

The object of the Contract is the provision of the SaaS Services rendered by eco.mio to the customer. User may use the Services when booking job related travel options, such as flights, train rides, hotels, etc. User may come into contact with or use the Services only through his employment with the Customer.
These Terms become valid and binding between eco.mio and User when User agrees to them in written or electronic form or by online registration on the Web App or by selecting “I accept” at the bottom of these terms.
User acknowledges that he has read, understood and accepted these Terms, and that he agreed to be bound legally by these Terms. User acknowledges that any use of the eco.mio Web App and Services is subject to these terms and that, if he does not agree to all of these terms, he may not use or access the Services in any manner.
The main contract on the use of the eco.mio software solution is concluded between eco.mio and the customer. User is not party to that contract. User agrees to only use the services of eco.mio in connection with his job with the Customer.
These Terms provide to the User a revocable, limited, non-exclusive, non-transferable, and non-sublicensable license to access or use the eco.mio Web App and Services made available through the Customer, conditioned on the continued compliance with the Terms.
The user does not have any further rights to claim the services of eco.mio. The user hereby agrees to abide by these Terms when using the services of eco.mio.

4. Scope of service, authority to change

eco.mio reserves the right to amend or supplement these Terms and Conditions unilaterally with effect for the future. A unilateral Amendment may only be made insofar as it does not significantly disturb the contractual relations between eco.mio and the User and as it is made for valid reasons, such as new technical developments, changes in (case) law or other equivalent reasons. eco.mio shall inform the User about any amendments and supplements by notifying the User of the content of the amended or supplemented provisions in text form (e.g. by email) in advance and with a reasonable period of notice, but at least twoweeks before the amendments/supplements are scheduled to take effect.

5. User account, access data

User agrees to only access and use an eco.mio account by means of the access data provided for himself. The access data is individualized and may only be used by the Customer concerned or the Authorised Users. User agrees to choose a sufficiently secure password and to keep his access data, including the password, secret and to protect this information against unauthorised access by third parties. For security reasons and to prevent misuse, eco.mio recommends that User changes his passwords at regular intervals.
The sharing of access data and otherwise permitting or enabling the use of user accounts or the SaaS Services by third parties is strictly prohibited.
The User shall be obliged to inform eco.mio or the Customer without undue delay if he is aware of or suspects misuse of access data or passwords.
User assures to be duly authorized by a Customer of eco.mio to accept these Terms and use the eco.mio services in the course of his employment.

6. Obligations on the part of the User, prohibited activities, indemnification

User agrees
- a) to access the SaaS Services exclusively via the interfaces provided by the Customer or by eco.mio;
- b) to use the Web App or Services exclusively in connection with his job with eco.mio’s Customer and not for private trips;
- c) not to use any devices, products or other means that serve to circumvent or overcome technical measures used by eco.mio for the prevention of unauthorised use;
- d) not to use any web crawlers, robots, spiders, site search/retrieval applications or other automated means or comparable technologies to access the SaaS Services or to retrieve or evaluate content;
- e) not to use the Web App for fraudulent or otherwise illegal activities or any activities that are not in accordance with the instructions of the Customer or with these Terms and Conditions;
- f) not to hack or attempt to hack the eco.mio Web App and Services, inject any form of computer viral material or any other detrimental substance into the eco.mio Web App and Services, or perform any unauthorized activities against or in the eco.mio Web App and Services.
If User becomes aware of such occurrences as specified in 6.1. or of other breaches of these Terms, User shall inform either the Customer or eco.mio without undue delay.
Anything User posts, uploads, shares, stores, or otherwise provides through the Web App is “User Submission”. Some User Submissions may be viewable by other users. User is solely responsible for all User Submissions he contributes to the Web App. User represents that all User Submissions submitted by him are accurate, complete, up-to-date, and in compliance with all applicable laws, rules and regulations. User acknowledges that all Content, including User Submissions, accessed by him while using the Services is at his own risk and he will be solely responsible for any damage or loss to him or any other party resulting therefrom.

7. Intellectual property, rights of use, naming of references

The Web App, OBT Extension and the SaaS Services, including the layout and the graphics used, the content as a whole as well as individual pieces of content including the system presentation texts, as well as the software code on which the SaaS Services, the OBT Extension and the Web App are based, may be protected in whole or in part by copyright or other intellectual property rights. All rights are exclusively reserved by eco.mio or eco.mio’s licensors.
In particular, the User is prohibited from
- a) reproducing, modifying, adapting, translating, decompiling, disassembling or deriving the Web App, OBT Extension or the SaaS Services, performing reverse engineering, or otherwise attempting to derive the source code underlying the SaaS Services or the Web App.
- b) using, evaluating or displaying the Web App, OBT Extension or the SaaS Services in order to construct, modify or otherwise create a network environment, a program, an infrastructure or parts thereof with features comparable to those of the SaaS Services or the Web App. This shall not affect the mandatory legal regulations on permissible use pursuant to Section 69d para. 2 and 3 and Section 69e of the German Copyright Act.

8. No remuneration and payment between eco.mio and User

1. The remuneration for the services of eco.mio will be carried out solely between eco.mio and the Customer. No performance liabilities and no payment liabilities arise between the user and eco.mio.
2. Any rewards displayed within the services of eco.mio are not binding. The user cannot make any claims against the Customer or against eco.mio based on these displayed rewards. Any claims in connection with these rewards may result exclusively from provisions agreed upon between the User and the Customer and do not concern eco.mio.

9. Restriction/blocking of the user account

1. eco.mio reserves the right to temporarily or permanently restrict the User’s use of the SaaS Services or to temporarily or permanently block the User’s access to the SaaS Services if
  - a) there is concrete evidence that the User has allowed or in any other way deliberately enabled an unauthorised third party to use the user account or the access data;
  - b) there is concrete evidence that a breach of one of the obligations under Clauses 6.1 has occurred;
  - c) there is concrete evidence of misuse, unauthorised or fraudulent use of the user account or such use is to be feared on the basis of concrete evidence;
  - d) there is concrete evidence that User is in violation with any other terms concluded between User and eco.mio.
2. eco.mio has the sole right to decide whether User is in violation of any of the restrictions set forth in these Terms.

10. Third-party applications and websites

The Website or the SaaS Services may contain hyperlinks to external applications and websites, over whose content eco.mio has no influence. Such hyperlinks are provided to the User for reference purposes only. eco.mio assumes no liability for external content.

11. Limitations of Liability

eco.mio shall only be liable without limitation for damages in case of intent and gross negligence on the part of eco.mio. With regard to damages caused by slight negligence, eco.mio shall only be liable in case of a breach of an essential contractual obligation. Essential contractual obligations are those obligations whose fulfilment make possible the correct execution of the Contract in the first place and on whose compliance the User may regularly rely. In the event of a breach of such an essential contractual obligation, the liability of eco.mio shall be limited to the damages typical for this type of contract which eco.mio could have foreseen at the time when the Contract was concluded based on the circumstances known at that time.
The aforementioned limitations of liability as well as all other limitations of liability contained in these Terms shall not apply in the event of the assumption of express guarantees, in the event of claims due to a lack of warranted characteristics, or to damages resulting from injury to life, limb or health. In these cases, eco.mio shall also be liable without limitation for slight negligence.

12. Data protection

eco.mio may collect information about User’s access to the eco.mio Web App or the services. User understands, acknowledges, and agrees that the operation of the eco.mio Web Appand the Services may require the submission, use, and dissemination of various personal identifying information.
When accessing or using eco.mio’s Services, User provides personal information such as name, email address, telephone number, other contact information, and travel itinerary data. This information is used to: (i) provide login information to the eco.mio Web App and carry out processing functions and the Services eco.mio has been contracted to provide by its Customer, (ii) communicate with User by responding to requests, comments and questions, (iii) improve the Service, and (iv) perform various account functions provided by eco.mio. The GDPR legal basis for processing this information is: (a) the legitimate interest in communicating with User and improving the Site and the eco.mio Web App, and (b) the contractual obligation to perform the Services.
When User contacts eco.mio by email eco.mio collects the first name, last name and email address of the User in order to respond to the request. When User signs up for email updates, eco.mio collects the email address in order to provide updates. When User opts-in to receive promotional emails, eco.mio will add them to a list to send promotional, commercial and informational emails. The GDPR legal basis for processing this information is the legitimate interest in communicating with the User and answering his questions.

13. Other provisions

The law of the Federal Republic of Germany shall apply.
The exclusive place of jurisdiction for all disputes arising from or in connection with the contract or with these terms and conditions shall be Munich, Germany.
If any provision of the Contract is found to be invalid, ineffective, or unenforceable, this shall not affect the validity, effectiveness and enforceability of the other provisions of the Contract. The parties undertake to replace the ineffective provision with a legally permissible provision that comes as close as possible to the purpose of the ineffective provision.
Changes and additions to the Contract must be made in writing. This also applies to a waiver of this formal requirement.