The following English version of the General Terms & Conditions is provided solely to aid in understanding.
In the event of any conflicts arising about wording, the German original version shall be exclusively binding for all parties involved.

Terms & Conditions of Use of the BMW BERLIN-MARATHON APP

1. General information

SCC EVENTS GmbH, Olympiapark Berlin, Hanns-Braun-Str. / Adlerplatz, 14053 Berlin (hereinafter "SCC EVENTS" or "we") provides you with the "BMW BERLIN-MARATHON APP" (hereinafter "App") for use in connection with the annual "BMW BERLIN-MARATHON". The offer is aimed exclusively at natural persons aged 14 and over.

2. Scope and subject matter of the contract

The use of the App – regardless of the version – is governed exclusively by these Terms & Conditions of Use (hereinafter "Terms of Use"). Any conflicting Terms of Use shall expressly not apply. In order to use certain functions of the app, users must register, which is only possible for users who are also taking part in the current BMW BERLIN-MARATHON and have received a registration ID. The App provides users with information about the BMW BERLIN-MARATHON. It also gives users the opportunity to track their own race (hereinafter: "to track"), to be tracked by others and/or to track other participants in the BMW BERLIN-MARATHON themselves.

SCC EVENTS will always endeavour to ensure that the information and content of the App is up-to-date and correct. In doing so, SCC EVENTS shall endeavour to ensure uninterrupted and continuous operation of the app. SCC EVENTS is not obliged to maintain the usability of the App or individual functionalities.

3. Use of the App

Most of the app's content and functions can only be used in direct temporal connection with the BMW BERLIN-MARATHON. Downloading and using the App is free of charge for users.

Users are authorised to use all functions of the App provided by SCC EVENTS via their end device on which the App can be used (smartphone, tablet, etc.). To this end, users must keep the App up to date and carry out the updates offered by SCC EVENTS.

SCC EVENTS grants Users the non-exclusive, non-sublicensable and non-transferable right to use the App, limited to the term of use of the App. Any further granting of rights to the App and the content of SCC EVENTS and third parties that can be accessed via the App shall not take place through the provision of the App for use.

The functions of the App may only be used for private purposes. Use of the App for commercial or business purposes is expressly prohibited. Users are not entitled to access, maintain or implement certain functionalities of the app.

The App may only be downloaded and installed via the official pages of the App store providers. SCC EVENTS reserves the right to restrict access to the App in whole or in part, temporarily or permanently, due to maintenance work, capacity issues and other events beyond its control. SCC EVENTS shall be free to determine the functionalities of the App and to restrict the offer of the App in whole or in part or to discontinue it completely.

4. Technical requirements, deleting the App

The technical requirements for downloading and using the App on the user's end device, including the required storage space, are specified on the respective platform (Google Play, app store) before the App is downloaded. Users are responsible for setting up and maintaining the technical requirements necessary for use on the respective end device. An internet connection is required to use all the app's functions. The costs for this are borne by the users themselves. It is recommended to download the App via Wi-Fi. In order to use geolocalisation and other functions of the app, settings may need to be made on the end device. Once authorisations for the App have been granted, they can be restricted or deactivated by the user at any time. The App can be manually deleted from the end device by the user at any time.

5. Obligations of the users

Users may only use the App within the scope of the intended scope of services and for the aforementioned purposes. Users undertake only to upload, enter and use data that has been collected by the App itself or generated as part of the use of certain functions. Content from SCC EVENTS and third parties that can be called up and displayed via the App may not be copied and/or passed on to third parties unless this is expressly offered by means of implemented functions of the app. The right to copy for private use remains unaffected by this.

Users must refrain from any activity that is likely to impair and/or excessively burden the operation of the App or the underlying technical infrastructure. This includes in particular:

• the use of software, scripts or databases in connection with the use of the App;
• blocking, overwriting, modifying, copying data and/or other content, unless this is necessary for the proper use of the App.

Users undertake to independently authorise updates and upgrades to the App when requested to do so by the operating system or the App. Users are prohibited from disclosing the login details for the App to third parties and/or enabling third parties to access the user account by circumventing the login details. If users have any indications of misuse by third parties, they will inform us immediately.

6. Blocking and deactivation

If and to the extent that the App is used contrary to these Terms of Use or users seriously violate their obligations and in the event of reasonable grounds for suspecting a culpable breach of duty, SCC EVENTS is entitled – depending on the severity of the (suspected) breach of duty – to temporarily block and/or temporarily and/or completely deactivate access to the App. Also in the event that SCC EVENTS becomes aware that third parties are or could be misusing the APP, SCC EVENTS shall be entitled to block and/or deactivate access to the App to the extent necessary to prevent misuse by the third party or parties. Where possible, users will be consulted prior to blocking and/or deactivation, otherwise they will be notified immediately after blocking/deactivation.

7. Liability of SCC EVENTS

The liability of SCC EVENTS shall be governed by the statutory provisions unless otherwise stipulated in the following paragraphs.

Unlimited liability: We are liable without limitation for intent and gross negligence as well as in accordance with the German Product Liability Act. We are liable for slight negligence in the event of injury to life, limb and health of persons. Otherwise, the following limited liability shall apply: In the event of slight negligence, we shall only be liable in the event of a breach of a material contractual obligation, the fulfilment of which is essential for the proper performance of the contract and on the observance of which you may regularly rely (cardinal obligation). Liability for slight negligence is limited to the amount of damages foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected. This limitation of liability also applies in favour of our vicarious agents.

8. Data protection information

Users' personal data is processed when using the app. Information on the app's data processing activities and the rights of data subjects can be found in the app's "Privacy policy" menu item.

9. Final provisions

These Terms of Use apply to the use of the App in their currently valid version. Should one or more provisions of these Terms of Use be or become invalid, this shall not affect the validity of the remaining provisions.

Contracts between us and the users shall be governed exclusively by German law, excluding the provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG, "UN Sales Convention"). This shall not affect the option of users to invoke the consumer protection laws of the country in which they usually reside.

-September 2024-