End User License Agreement

Last updated: 28.04.2026

This End User License Agreement (the "EULA") forms part of, and is incorporated by reference into, the Terms of Service of KURVIGER, GmbH, registered at Johannesstr. 23, D-73249 Wernau, registered with Amtsgericht Stuttgart, HRB 790620 ("we", "us", or the "Company"). Defined terms used but not defined in this EULA have the meanings given to them in the Terms of Service.

This EULA governs your rights to use the software, data, and content licensed to you as part of Kurviger (the "Application"). The Terms of Service govern the broader service relationship (account, payment, withdrawal rights, support, etc.). In the event of a conflict between this EULA and the Terms of Service in matters of software and data licensing, this EULA prevails; in all other matters, the Terms of Service prevail.

By installing, accessing, or using the Application, you ("you" or the "End User") agree to be bound by this EULA. If you do not agree, do not install, access, or use the Application.

1. License Grant

Subject to your compliance with this EULA, the Company grants you a non-exclusive, non-transferable, non-sublicensable, revocable license to install and use the Application in object code form, on devices owned or controlled by you, for your personal use (or, if you are a business user, your internal business use). The license is granted for the duration of your contract with the Company under the Terms of Service. Additional or modified license terms apply where the Application is obtained from a specific app store, as set out in Section 10.

2. Third-Party Components

2.1 Proprietary Third-Party Materials. The Application incorporates, relies on, or is enabled by data, content, software, and services provided by third-party suppliers under proprietary licenses (each a "Supplier"), including mapping data, navigation data, traffic information, points of interest, geocoding, routing, and related content (collectively, the "Proprietary Third-Party Materials"). Your use of the Application is subject to the additional restrictions set out in this EULA that apply to the Proprietary Third-Party Materials. The Suppliers are intended third-party beneficiaries of the licensing restrictions in Section 3 and the liability provisions in Section 8 to the extent those provisions apply to them or to the Proprietary Third-Party Materials.

2.2 Open-Source and Open-Data Components. The Application also incorporates software components licensed under open-source software licenses and data licensed under open-data licenses (collectively, the "Open Components"), including, without limitation, OpenStreetMap data licensed under the Open Database License (ODbL) version 1.0 and OpenStreetMap cartography licensed under Creative Commons Attribution-ShareAlike. The Open Components are licensed to you directly by their respective licensors under the terms of their applicable open-source or open-data licenses, and not under this EULA. A list of the Open Components and their respective licenses, together with the required attributions and license texts, is made available at https://kurviger.com/sources.

2.3 In this EULA, "Third-Party Materials" means, collectively, the Proprietary Third-Party Materials and the Open Components, except where the context requires otherwise.

3. Restrictions on Use

The restrictions in this Section 3 apply to the Application and to the Proprietary Third-Party Materials. They do not apply to the Open Components: your rights to use, copy, modify, and redistribute the Open Components are governed exclusively by the applicable open-source or open-data licenses identified in Section 2.2, and to the extent any restriction in this Section 3 would conflict with the terms of an applicable open-source or open-data license governing a specific Open Component, the terms of that license prevail with respect to that Open Component and the restriction in this Section 3 does not apply to it. Nothing in this EULA is intended to impose restrictions on the Open Components beyond those permitted by their respective licenses.

Subject to the preceding paragraph, you shall not, and shall not permit any third party to, directly or indirectly:

(a) copy, reproduce, modify, adapt, translate, or create derivative works of the Application or any Proprietary Third-Party Materials, except as expressly permitted by this EULA or by mandatory applicable law;

(b) reverse engineer, decompile, or disassemble the Application or any Proprietary Third-Party Materials, except where and to the extent such acts are expressly permitted by mandatory applicable law (in particular the provisions implementing Articles 5 and 6 of Directive 2009/24/EC on the legal protection of computer programs) and only where the conditions of those provisions are met. Where such mandatory rights apply, you must first request the necessary information from the Company in writing before taking such action;

(c) sell, resell, rent, lease, lend, sublicense, distribute, transmit, publish, broadcast, transfer, or otherwise make the Application or any Proprietary Third-Party Materials available to any third party, whether on a standalone basis or bundled with other products or services;

(d) extract, scrape, harvest, mine, index, cache, or store any Proprietary Third-Party Materials, in whole or in part, for any purpose other than the intended use of the Application as integrated and delivered by the Company;

(e) use the Proprietary Third-Party Materials to create, enhance, verify, supplement, or compile any database, map, dataset, directory, or service, or to develop or improve any product or service that competes with the Application or with any Proprietary Third-Party Materials;

(f) use the Application or any Proprietary Third-Party Materials to provide a service bureau, time-sharing, hosting, application service provider, software-as-a-service, or similar service to any third party;

(g) remove, obscure, alter, or fail to reproduce any copyright, trademark, attribution, source identifier, or other proprietary notice contained in or displayed by the Application, the Proprietary Third-Party Materials, or the Open Components (including the attribution notices required by the licenses of the Open Components);

(h) use the Application or any Third-Party Materials in connection with any safety-critical application, life-support system, vehicle control system, or any other application in which failure or inaccuracy could result in death, personal injury, or severe physical, environmental, or property damage;

(i) use the Application or any Third-Party Materials in violation of any applicable law, regulation, or third-party right, including any privacy, data protection, export control, or sanctions law;

(j) circumvent or attempt to circumvent any technical protection measures, usage limits, authentication mechanisms, or access controls in the Application; or

(k) use the Application or any Proprietary Third-Party Materials to develop, train, fine-tune, evaluate, or otherwise input into any machine learning or artificial intelligence model. The Company and its Suppliers expressly reserve their rights and opt out of any text and data mining of the Application or the Proprietary Third-Party Materials to the extent permitted by mandatory applicable law (including the provisions implementing Article 4 of Directive (EU) 2019/790 on copyright and related rights in the Digital Single Market). This reservation constitutes a machine-readable rights reservation where required by applicable law.

4. Ownership

The Application and the Proprietary Third-Party Materials are licensed, not sold. The Company and its Suppliers retain all right, title, and interest in and to the Application and the Proprietary Third-Party Materials, including all intellectual property rights therein. With respect to the Open Components, all right, title, and interest, including all intellectual property rights, remain with the respective licensors of those Open Components, and your rights in the Open Components are governed by their applicable open-source or open-data licenses. No rights are granted to you under this EULA other than those expressly set forth herein, and all rights not expressly granted are reserved.

5. Updates and Modifications

5.1 The Company will provide updates to the Application as required by applicable law, in particular under § 327f BGB and the equivalent national provisions implementing Directive (EU) 2019/770 on digital content and digital services, for the period and to the extent required by such law. Further details on updates, modifications to the Application, and your rights in respect of such modifications are set out in the Terms of Service.

5.2 The Company will inform you of the availability of updates and of the consequences of failing to install them. Where you fail to install an update provided to you within a reasonable period after such notification, the Company shall not be liable for any defect or lack of conformity of the Application that results solely from your failure to install that update, provided that the failure to install is attributable to you and that the Company has complied with its information obligations. This Section 5.2 reflects, and is to be interpreted in accordance with, § 327f(2) BGB and the equivalent national provisions implementing Article 8(3) of Directive (EU) 2019/770.

6. Statutory Rights of Consumers

If you are a consumer, nothing in this EULA limits or excludes your statutory rights, including:

(a) your statutory warranty and conformity rights for digital products and digital services under the national provisions implementing Directive (EU) 2019/770 and Directive (EU) 2019/771;

(b) your statutory right of withdrawal where applicable, the details of which are set out in the Terms of Service;

(c) your rights under the mandatory consumer protection law of your country of habitual residence within the European Union or European Economic Area, which apply in addition to this EULA pursuant to Article 6(2) of Regulation (EC) No 593/2008 (Rome I); and

(d) your rights under mandatory copyright law, including the limitations and exceptions referred to in Sections 3(b) and 3(k), and your rights under the open-source and open-data licenses applicable to the Open Components.

7. Warranties

The Company warrants the Application in accordance with the statutory provisions applicable to consumers and, where you are a business user, in accordance with the Terms of Service. Any warranty disclaimers in this EULA apply only to the extent permitted by mandatory applicable law and do not affect the statutory rights referenced in Section 6.

To the extent permitted by mandatory applicable law, and without prejudice to those statutory rights, the Proprietary Third-Party Materials are made available on an "as is" basis, and the Company and its Suppliers do not warrant that the Proprietary Third-Party Materials are error-free, uninterrupted, complete, accurate, current, or fit for any particular purpose beyond the contractually agreed use. The Open Components are made available under the warranty (or warranty disclaimer) terms of their respective open-source or open-data licenses; the Company makes no additional warranty in respect of the Open Components beyond what is required by mandatory applicable law.

8. Liability

8.1 The Company and its Suppliers shall be liable without limitation:

(a) for damages resulting from injury to life, body, or health caused by intentional or negligent breach of duty;

(b) for damages caused by intent (Vorsatz) or gross negligence (grobe Fahrlässigkeit);

(d) under any guarantee expressly given by the Company; and

(e) for any other liability that cannot be limited or excluded under mandatory applicable law.

8.2 In the event of a breach of an essential contractual duty (wesentliche Vertragspflicht / Kardinalpflicht) — that is, a duty whose fulfilment is essential to the proper performance of this EULA and on whose observance you may regularly rely — caused by simple negligence, the liability of the Company and its Suppliers shall be limited to damages that are foreseeable and typical for this type of contract.

8.3 Any liability of the Company and its Suppliers beyond what is set out in Sections 8.1 and 8.2 is excluded. In particular, and to the extent permitted by mandatory applicable law, neither the Company nor any of its Suppliers shall be liable for indirect, incidental, consequential, special, or exemplary damages, including without limitation lost profits, loss of use, loss of data, or business interruption.

8.4 The limitations in Section 8.2 and the exclusions in Section 8.3 apply equally to the personal liability of the Company's and the Suppliers' legal representatives, employees, and vicarious agents.

8.5 Nothing in this Section 8 shifts the burden of proof to your disadvantage where mandatory law provides otherwise.

9. Termination

This EULA is effective for as long as your contract with the Company under the Terms of Service is in effect and terminates automatically upon termination of that contract. The Company may additionally terminate the license granted under this EULA for cause if you materially breach this EULA and fail to cure such breach within a reasonable period after notice, where a cure is possible. Upon termination, you must cease all use of the Application. Your rights to continue using the Open Components after termination are governed by the applicable open-source and open-data licenses identified in Section 2.2 and are not affected by termination of this EULA. Sections 3, 4, 6, 7, 8, 9, 10, and 11 shall survive termination.

10. App Store Provisions

This Section 10 applies if you obtained the Application from the Apple App Store or the Google Play Store. In the event of any conflict between this Section 10 and any other provision of this EULA, this Section 10 prevails to the extent strictly necessary to comply with the applicable app store's requirements, and only with respect to the relationship between you, the Company, and the relevant app store operator.

10.1 Provisions Applicable to Apple App Store Distribution

If you obtained the Application from the Apple App Store, the following terms apply. As used in this Section 10.1, "Apple" means Apple Inc. and its subsidiaries.

(a) Acknowledgement. You acknowledge that this EULA is concluded between you and the Company only, and not with Apple. The Company, not Apple, is solely responsible for the Application and its content. This EULA may not provide for usage rules for the Application that are in conflict with the Apple Media Services Terms and Conditions or the Usage Rules thereunder as of the effective date of this EULA.

(b) Scope of License. The license granted to you for the Application is limited to a non-transferable license to use the Application on any Apple-branded device that you own or control and as permitted by the Usage Rules in the Apple Media Services Terms and Conditions, except that the Application may also be accessed and used by other accounts associated with you via Family Sharing or volume purchasing where applicable.

(c) Maintenance and Support. The Company is solely responsible for providing any maintenance and support services with respect to the Application, as specified in this EULA, in the Terms of Service, or as required under applicable law. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application.

(d) Warranty. The Company is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the Application to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Application, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be the sole responsibility of the Company.

(e) Product Claims. You and the Company acknowledge that the Company, not Apple, is responsible for addressing any claims by you or any third party relating to the Application or your possession and/or use of the Application, including, but not limited to: (i) product liability claims; (ii) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation, including in connection with the Application's use of the HealthKit and HomeKit frameworks (if applicable).

(f) Intellectual Property Rights. You and the Company acknowledge that, in the event of any third-party claim that the Application or your possession and use of the Application infringes that third party's intellectual property rights, the Company, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.

(g) Legal Compliance. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

(h) Developer Name and Contact. Any questions, complaints, or claims with respect to the Application should be directed to: KURVIGER GmbH, Johannesstr. 23, D-73249 Wernau, [email protected].

(i) Third-Party Terms of Agreement. You must comply with applicable third-party terms of agreement when using the Application (for example, your wireless data service agreement).

(j) Third-Party Beneficiary. You and the Company acknowledge and agree that Apple and Apple's subsidiaries are third-party beneficiaries of this EULA, and that, upon your acceptance of the terms and conditions of this EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce this EULA against you as a third-party beneficiary thereof.

10.2 Provisions Applicable to Google Play Distribution

If you obtained the Application from the Google Play Store, you acknowledge that this EULA is concluded between you and the Company only, and not with Google LLC or any of its affiliates ("Google"). The Company, not Google, is solely responsible for the Application and its content. Your use of the Application must comply with the Google Play Terms of Service then in effect. To the extent any provision of this EULA conflicts with the Google Play Developer Distribution Agreement or the Google Play Terms of Service as they apply to your use of the Application, the relevant Google terms prevail with respect to that conflict.

11. General

Governing Law. This EULA is governed by the laws of the Federal Republic of Germany, excluding the United Nations Convention on Contracts for the International Sale of Goods. If you are a consumer with habitual residence in another country, you additionally benefit from any mandatory provisions of the law of that country which would apply in the absence of this choice of law (in the EU/EEA, pursuant to Article 6(2) of the Rome I Regulation; in other jurisdictions, pursuant to applicable mandatory conflict-of-laws rules). The choice of law in this EULA does not affect the law applicable to the Open Components, which is determined by the terms of their respective licenses.

Jurisdiction. For business users, the exclusive place of jurisdiction is Stuttgart, Germany. For consumers, the statutory rules on jurisdiction apply.

Online Dispute Resolution. The European Commission provides a platform for online dispute resolution at https://ec.europa.eu/consumers/odr. The Company is not willing to participate in dispute resolution proceedings before a consumer arbitration board (Verbraucherschlichtungsstelle).

Severability. If any provision of this EULA is or becomes invalid or unenforceable, the validity of the remaining provisions is not affected. The invalid provision shall be replaced by the statutory rule that comes closest to the economic purpose of the invalid provision, to the extent permitted by law.

Assignment. You may not assign this EULA without the Company's prior written consent. The Company may transfer its rights and obligations under this EULA to a successor in connection with a merger, acquisition, or transfer of business, subject to your statutory rights.

Language. This EULA is provided in English. In case of discrepancies between language versions, the English version prevails, except where mandatory consumer protection law of your country of habitual residence requires otherwise.

Contact. Questions about this EULA may be directed to KURVIGER GmbH, Johannesstr. 23, D-73249 Wernau.