Terms of use msg.Drive

Section 1: Subject

These terms of use of the msg.Drive regulate the contractual relationship between msg global solutions AG, Thurgauerstrasse 39, 8050 Zürich, Switzerland & the user of the msg.Drive. By providing your email address, first and last name and accepting these GTC in the registration process, the framework contract between the user and msg global solutions AG comes into effect.

The concrete content as well as the scope of the respective services of the operator are determined, in addition to these terms of use, by the functionalities currently available and described via the app at the time of the respective conclusion of the contract. The operator reserves the right to change, adapt or expand functions provided free of charge at any time and/or to discontinue the provision of functions provided free of charge.

PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING OUR SERVICES.

Section 2: Definitions

Operator: msg global solutions AG as provider of the mobile application "msg.Drive".

App: mobile application "msg.Drive".

Recording devices: Solution-specific devices with sensor technology for recording driving data such as position, acceleration values and speed. msg.Drive can be operated with different types of recording devices, e.g. plugs with their own cellular connection, beacons with Bluetooth connection to the smartphone and dedicated recording app on the smartphone.

Section 3: Functionality and functions of msg.Drive

1. msg.Drive is a mobile application for displaying driving data for potential use in telematics-based insurance products and mobility solutions. You can register in the app using your smartphone. If the solution provided to you has a Beacon recording device, you connect the smartphone to the Beacon to record your trips. The recorded data is processed and made available in the form of scores, routes and other useful information and functions within the msg.Drive.
    
2. After downloading the app from the respective "app store, " you create a personal user account. To do this, enter your e-mail address and your full name. Please note that you can only register if you have been invited and activated in advance by msg global itself or by a partner. You are responsible for all activity on your account, and you agree to keep your password secure and confidential at all times. You may not have more than one account without the written permission of msg global. With the completion of the registration process and the activation of the account by the operator, a legally effective contract is concluded.
    
3. the use of msg.Drive requires a mobile data connection. The operator is not responsible for establishing the mobile data connection. A SIM card with a corresponding data option is required for this purpose, the content and scope of which are governed exclusively by the terms and conditions agreed with your telecommunications provider. It is recommended to choose a mobile phone tariff with sufficient data volume. You yourself must provide for the possibility of mobile data communication and bear any data transmission costs incurred vis-à-vis your telecommunications provider. Additional costs (e.g. roaming charges) may arise from the receipt of data packets from the Internet, depending on their respective mobile communications tariff and in particular when operating abroad. The mobile data connection and its performance (speed) also depend on factors that are beyond the control and influence of the operator. These include, in particular, sufficient mobile network reception at the location where the app is used, interference, impairment or interruption of mobile network reception due to tunnels, garages, underpasses or other interference factors (e.g., weather conditions such as thunderstorms, interference devices, buildings, bridges or mountains, intensive mobile network use in the radio cell concerned, etc.).
    
4. a claim to the use of the free services of the app exists only within the scope of our technical and operational possibilities. The operator will continuously take all reasonable measures to ensure the continuous availability of msg.Drive and to eliminate any faults that occur as quickly as possible. In particular, due to force majeure (e.g. severe weather) or due to the implementation of necessary maintenance, repair or other measures on the technical equipment of the operator or on the technical equipment of third parties that provide data, content, information or transmission capacities for the operator, there may nevertheless be unavoidable temporary disruptions or a reduction in performance (speed). In the event of questions or disruptions, please contact our support by e-mail.

With regard to the content and scope of so-called personal data, we refer to Section 10.

Section 4: Technical requirements for using msg.Drive

In order to use msg.Drive with all its functionalities, the following criteria must be met for the hardware and software of your smartphone:

1. iOS: iPhone, model 6 or newer with iOS version 14 or newer. 
2. Android: Smartphone API version 29 (Android 10) or later.
3. if your smartphone does not meet the described specifications, msg.Drive can only be used to a limited extent or not at all.

Section 5: Tracking and Scoring

With the help of their smartphone and solution-specific recording devices, information about the vehicle's speed, position and acceleration, among other things, is determined and made available to them in the app. The vehicle and movement data collected during the trips are transmitted in encrypted form to the operator's server. The data is collected exclusively during active use (only while driving a vehicle). In order to reliably record your trips in the background with the msg.Drive Recording app, we need access to your location at all times, even when the app is closed. Accelerations are recorded and evaluated for the purpose of assessing driving style. The collected information about the driving behavior can be viewed only by you and the operator. We will share personal data related solely to the tracking and scoring of their completed trips only with authorized and named partner companies, but never with unauthorized third parties.

Section 6: Special notes and obligations

1. msg.Drive or our other services may not be used in violation of these terms of use, legal regulations (especially data protection and privacy regulations) or the rights of third parties. This also includes not integrating msg.Drive into other web offers, neither private nor commercial, or redistributing it commercially without our prior consent. In addition, you are obligated not to publish or post any content in connection with msg.Drive that violates any laws, especially content that is unlawful, offensive, infringing, misleading, harassing, racist, or glorifies violence, or that unlawfully invades the privacy, personal rights, or intellectual property of others. We reserve the right to delete such content immediately after becoming aware of it, in particular if the publication or post could put msg global solutions AG in any context with the illegal statement. 
2. You are solely responsible for interactions with others as well as your content, especially via social communication channels and media.
3. msg.Drive may only be used while driving to the extent that you are not distracted from the traffic. The regulations of the Road Traffic Act must be observed

Section 7: Rights of use

1. Unless otherwise agreed, the operator grants the simple, non-transferable and non-sublicensable right to use the app for an unlimited period of time upon activation of the app. This also includes the right to use the content and information obtained via the app. However, this does not include the right to receive future upgrades, updates, supplements, support or technical assistance, unless the operator expressly indicates this beforehand. In this case, these upgrades, updates or supplements are also subject to these Terms of Use, in the absence of any agreement to the contrary. 
2. unless permitted by applicable law or license terms or expressly permitted by the operator, you do not have the right to modify, reverse engineer, decompile or disassemble the software, apps, services or products from the operator.
3. msg.Drive copyrights, name and trademark rights as well as other rights of msg global solutions AG and third parties must also be observed when using msg.Drive.

Section 8: Liability

In the event of intent and gross negligence, the operator shall always be liable without limitation in accordance with the statutory provisions. In other cases, the operator is only liable in the event of a breach of a contractual obligation, the fulfillment of which makes the proper execution of the contract possible in the first place and on whose compliance the user may regularly rely. In this case, however, liability is limited to compensation for foreseeable and typical damage. Liability for damages arising from injury to life, limb or health and under the Product Liability Act shall remain unaffected by the above limitations of liability.

The operator is not responsible for damages caused by improper use of the app. This applies in particular if the user is distracted from traffic events by using the app while driving and this leads to accidents.

Section 9: Contract term and termination

• The contractual relationship with you is concluded for an indefinite period. It can be terminated by either party at any time with immediate effect.
• The operator reserves the right to terminate the contract, especially in the event that the user violates the terms of use.

Section 10: Data protection and data security

The operator places the highest value on the protection of your personal data. The operator collects, processes and uses your personal data exclusively in compliance with the applicable data protection laws, in particular the EU General Data Protection Regulation (GDPR) and the Federal Data Protection Act (BDSG).

Information about data processing by the operator in connection with msg.IoTA can be found at https://www.msg-global.com/msg-iota-privacy-policy.

Imprint

msg global solutions AG
Thurgauerstrasse 39
8050 Zürich/Oerlikon
Switzerland

info@msg-gobal.com

CEO - Peter Umscheid

Company Identification Number / Commercial Register: CHE-114.151.858

About msg global

Our company tagline is Passion. People. Performance. and it accurately summarizes who we are. Passion is how we approach our work – loving what we do and joyfully delivering on our promises. People make it all possible. Our people are the best in the business and provide the power to deliver our mission and vision. Performance and specifically “better performance” is our ultimate goal. We strive to exceed expectations in everything we do.

msg global solutions is providing a holistic spectrum of creative software engineering and product development, strategic advisory, intelligent systems integrations, and managed services. Our focus areas of services and expertise are in performance and sustainability management, customer experience, IoT & advanced analytics, core insurance platforms, accounting, finance and regulatory reporting as well as SAP-based solutions & technologies in general. Operating from offices across the globe and growing, our expert teams help clients achieve operational efficiency and improve decision-making capabilities. While our journey started in the financial services sector, our solutions are utilized in a wide range of industries.

© 2024 msg global solutions AG