Terms of Use (End User License Agreement, “EULA”) for the streamways Driving Student App

1. Subject Matter; Scope

1.1. By clicking the “Agree” button and/or downloading, installing, or using the “Driving Student App” (hereinafter referred to as the “App”), a contract is formed between you (hereinafter referred to as the “User”) and us, streamways GmbH, Marie-Curie-Ring 16, 24941 Flensburg (“streamways”), for the use of the App under the following terms of use (“EULA”). The App is an application that allows you, for example, to prepare for the theoretical driving test and request appointments with your driving school that cooperates with streamways. You may delete the App at any time if you wish. A detailed description of the App’s features can be found on streamways’ website at streamways.com.

1.2. Deviating terms of the User shall not apply unless streamways has expressly confirmed them in writing.

2. Conclusion of Contract – Free Version

2.1. The free version of streamways includes a demonstration of some basic functions to test the App for theoretical test preparation, consisting of animated explanation videos and official exam questions.

2.2. The contract for using the free version of the App is concluded upon the User’s registration after downloading and installing the App via the Apple App Store, Google Play Store, or the web app on streamways' website.

3. Conclusion of Contract – Paid Version

3.1. The paid version of streamways includes access to all available features.

3.2. The contract for the paid version is concluded upon the User entering into a training agreement with a driving school that cooperates with streamways. This school then acquires a user license from streamways on behalf of the User and sends the User an activation code embedded in a link by email after registration.

3.3. If the contractual relationship with a cooperating driving school begins after the free version has already been used, the registered email address will be linked to that driving school.

4. Payment Terms

Payment terms for the paid version of the App are governed by the contract between the User and their cooperating driving school.

5. Registration

5.1. To use the App, the User must register and create an account accessible only via email and password.

5.2. To use the free version, the User must register with at least the following data:

* Email address

* Password

* First name

* Last name

* Date of birth

* License class

* Existing license class

5.3. Required data fields are marked accordingly; all other data is optional.

5.4. The User must provide complete and accurate information when registering. They must keep login data confidential and protect it from third-party access. streamways must be informed immediately of any suspicion of third-party misuse. If registration details change, the User must update them promptly. Inaccurate or outdated information may result in temporary suspension. If false information is provided or updates are not made despite being requested, streamways may permanently delete the account.

6. Duration

The free version may be used indefinitely. The paid version is initially valid for 12 months from full registration. If the cooperating driving school purchases an extended license, usage rights are extended accordingly. Termination for good cause remains unaffected.

7. Provision; Modifications; Updates; System Requirements

7.1. streamways provides the latest version of the App via the Apple App Store, Google Play Store, and the web app. Delays caused by the app stores are beyond streamways' control and do not justify claims or termination.

7.2. streamways reserves the right to adapt the App to current technical developments, fix security issues, comply with legal changes, or adapt to economic conditions. Changes will be announced at least one month in advance via push notification or in-app notice if they could affect the User’s legitimate interests.

7.3. Minimum system requirements are listed at streamways.com. The User is responsible for verifying that their device is compatible.

8. Availability

streamways aims to ensure high availability and resolve issues quickly but may temporarily restrict access for technical, security, or legal reasons. The User has no right to uninterrupted access.

9. Usage Rights

9.1. All rights to the App remain with streamways or its licensors, except for the limited usage rights granted in this EULA. The App and its contents (e.g., videos, logos) are protected by copyright and intellectual property laws. Users may not alter, distribute, sell, or republish content.

9.2. Users acquire no ownership of digital content. They are granted a simple, personal, non-transferable license to use the App on a compatible device they own or control. Backup copies are permitted only for personal use, and the User must prevent third-party access. Sharing login credentials is prohibited.

9.3. The User may not modify, reverse-engineer, or use the App beyond its intended purpose unless explicitly allowed by law (§§ 69d, 69e UrhG) or contractually agreed. Copyright notices and identifiers must not be removed or altered.

9.4. These conditions also apply to updates, upgrades, or additional programs provided by streamways unless otherwise stated in a separate agreement.

10. Data Protection

streamways collects and processes personal data in accordance with its Privacy Policy, available online.

11. Warranty, Liability

11.1. For the free version:

streamways is only liable for defects if they were fraudulently concealed. Otherwise, streamways and its agents are only liable for intentional or grossly negligent misconduct. Product liability remains unaffected.

11.2. For the paid version:

11.2.1. streamways guarantees that the App conforms to contractual standards at the time of provision. After one year, the User must prove the defect existed at that time.

11.2.2. Updates are announced at streamways.com. Users may download updates from the app stores at their discretion. If updates are not installed, streamways is not liable for any resulting defects.

11.2.3. No claims may be asserted against app store operators.

11.2.4. streamways is fully liable only for:

(a) intent or gross negligence,

(b) injury to life, body, or health,

(d) product liability.

11.2.5. streamways is also liable for minor negligence only if it breaches essential obligations. In such cases, liability is limited to typical, foreseeable damage.

11.3. No further liability exists outside of 11.2.4.

12. Violations by the User

streamways may temporarily or permanently block access for unauthorized or abusive use of the App, or breaches of this EULA, after giving the User a chance to remedy the violation.

13. Special Provisions Regarding Apple, Inc. and Google, Inc.

13.1. These EULA are between streamways and the User, not Apple or Google. Apple and Google are not responsible for support or warranty.

13.2. The app store operator is a third-party beneficiary entitled to enforce these terms.

13.3. Users may not use the App if they reside in embargoed countries or are on U.S. or EU sanction lists.

13.4. All inquiries or complaints must be directed to streamways.

13.5. streamways will indemnify Apple and Google from any claims arising from product liability or legal violations.

13.6. streamways will handle any third-party rights claims arising from the App.

13.7. Users must comply with applicable third-party terms where informed and reasonably accessible.

14. Dispute Resolution

14.1. The EU Commission provides an online dispute resolution platform: [https://ec.europa.eu/consumers/odr/](https://ec.europa.eu/consumers/odr/)

14.2. streamways is not obliged or willing to participate in such dispute resolution.

15. Miscellaneous

15.1. German law applies exclusively. The UN Sales Convention is excluded. If the User is a consumer residing in another country, mandatory local laws remain unaffected.

15.2. Changes to this EULA are permitted if required by legal, judicial, or technical developments. Changes will be announced by email at least six weeks in advance. If the User does not object within four weeks, the changes are deemed accepted unless they significantly alter contractual obligations or value. The right to object and consequences of silence will be explicitly stated in the notice.

Effective: February 2025