GPS Navigation - Specific terms of use

Specific terms of use of the "Wrong-Way Driver Warning" feature

1. Introductory Provisions

1.1 The following specific terms of use apply to the use of the "Wrong-Way Driver Warning" feature (hereinafter referred to as “WDW feature") integrated within the Sygic GPS Navigation Software (hereinafter referred to as "Software") and form an integral part of the Sygic End-User License Agreement (hereinafter referred to as "EULA") you have concluded with Sygic a. s., with its registered seat at Twin City C, Mlynské Nivy 16, 821 09 Bratislava - mestská časť Ružinov, the Slovak Republic, registered in the Commercial Register of the District Court Bratislava I, section: Sa, File No. 4893/B, Identification No. 35 892 030 (hereinafter referred to as “Sygic”).
1.2 Words, terms or expressions starting with the capital letters used but not defined herein have the meaning assigned to them and/or specified in the EULA.
1.3 The WDW feature is a software developed by Robert Bosch GmbH, Robert-Bosch-Allee 1, 74232 (hereinafter referred to as "Bosch"). Sygic offers the WDW feature free of charge as part of the Software. By using this feature, you recognize the following specific terms of use as binding. You also recognize that new versions of the WDW feature may contain additional third-party software components and that changed license terms and conditions may apply to these.
1.4 If you do not agree with these specific terms of use or you do not wish to use WDW feature, you can disable it by turning it off in WDW feature settings within the Software.

2. How the WDW feature works

2.1 The WDW feature is based on a solution that makes it possible to detect incorrect driving in the area of junctions on motorways, provided the wrong-way driver is a user of the WDW feature or his GPS data is recorded by the WDW feature for other reasons. If the WDW feature detects that a driver is driving in the wrong direction on a motorway, the affected users of the WDW feature (that is to say the wrong-way driver himself and oncoming drivers in the vicinity of the wrong-way driver) are warned.
2.2 In this case, the user who has activated the WDW feature in the Software receives both an acoustic and an optical push notification on his mobile phone
2.2.1 If the user is a wrong-way driver himself, he receives an acoustic and visual notification on his mobile phone, asking him to check the direction of travel and, if driving, to stop at the nearest edge of the road in the opposite direction;
2.2.2 If a wrong-way driver, whose GPS data is recorded by the WDW feature, is in the vicinity of a user traveling in the prescribed direction of travel, the concerned user receives an acoustic and visual notification on his mobile phone, with the information that a wrong-way driver is nearby.

3. Your obligations

3.1 When using the WDW feature, you undertake to observe and comply with the applicable laws and driving regulations of the country in which you are located.
3.2 The use of the WDW feature does not release you from capturing, assessing and appropriately reacting to local conditions and the traffic situation.
3.3 If you receive a notification within the meaning of Section ‎2.2 you have to react appropriately to the current traffic situation and respond in accordance with the generally recognized principles of such a situation. This is entirely your own responsibility.
3.4 You accept that not every wrong-way driver can be recorded (see Section ‎2.1). The fact that you receive no notification of a wrong-way driver in your environment does not guarantee that no wrong-way driver drives in the oncoming road section.
3.5 The functionality of the WDW feature also depends on various factors that Sygic cannot influence. Prerequisite for the use of a corresponding notification in terms of Section ‎2.2 is in particular that you have your mobile phone in operation; you have restarted the Software and / or the WDF feature before starting the journey; there is sufficient network coverage in the respective area and at the respective time; sufficient data volume is available for you to use the WDW feature; a sufficient number of people use the WDW feature; the wrong-way driver is a user of the WDW feature or otherwise sends out GPS data that can be detected by the WDW feature.
3.6 The use of the WDW feature is restricted to a limited set of territories including Germany, Austria, Switzerland, UK, Ireland, Italy and Spain; the list of countries in which the WDW feature is available is always displayed to you in the WDW feature settings within the Software and this list may change from time to time. The visibility of the WDW feature in the Software is not an indication of its availability in the country where you are using the Software.
3.7 You also undertake that the use of the WDW feature does not release you from your obligation through your own perception and judgment, to assess and react appropriately to traffic situations and that the manufacturer of the WDW feature is not liable for traffic violations (including imposed fines and penalties) caused by you.

4. Liability of Sygic

4.1 Sygic is not liable for damage resulting from your violations of applicable laws and regulations. This also applies to fines and fines imposed as a result of these violations.
4.2 Sygic is not liable for any damage caused to you in connection with your use of the WDW feature or for damage to third parties caused by your own behaviour in traffic and not directly and exclusively through the use of the wrong-way driver function. Sygic is not liable, within the scope of these terms, for damage to you or for damage to third parties that can be directly and exclusively attributed to your use of the WDW feature. Your use of the WDW feature is entirely at your own risk.

5. Bosch liability

Bosch is not liable for your violations of applicable laws and regulations. This also applies to the fines and fines imposed as a result of these violations.

6. Final provisions

6.1 Sygic is entitled to suspend or terminate your use of WDW feature at any time without prior notice, if this suspension and/or termination is inevitable as a consequence of the suspension/termination of the contract between Sygic and Bosch.