Terms for the Campaign February 2024

German: Diese Kampagnenbedingungen gelten ausschließlich für Nutzer, die keinen gewöhnlichen Aufenthalt in Deutschland begründet haben. Für Nutzer, die ihren gewöhnlichen Aufenthalt in Deutschland begründet haben, gelten die deutschen Kampagnenbedingungen von NATIX.
English: These Terms for the Campaign apply exclusively to users who have not established a habitual residence in Germany. For users who have established their habitual residence in Germany, the German Terms for the Campaign of NATIX apply.
  1. 1.
    Scope and General Information
    1. 1.
      Scope
      These Terms for the Campaign February 2024 (the “Campaign Terms”) apply to the campaign February 2024 organised by NATIX GmbH (the "Campaign") for the Duration of the Campaign.
      The provisions of Sections 4.3, 4.4, 4.7, 4.8, and 6. of these Campaign Terms only apply to users who are assigned to a Region with an Active Cycle as defined in Section 4.2.a. of these Campaign Terms.
    2. 2.
      Terms and Definitions
      The terms and definitions used in the Campaign Terms have the same meaning as in the Terms of Use and the Drive & Guidelines, unless otherwise stipulated in the Campaign Terms.
    3. 3.
      Collision Rules
      In the event of any contradictions between provisions or components of these Campaign Terms, the Terms of Use and the Guidelines (together the “Terms”), the provisions or components of the Terms shall prevail in accordance with the following order:
      1. 1.
        Campaign Terms
      2. 2.
        Terms of Use
      3. 3.
        Guidelines
  2. 2.
    Transfer of the Campaign Terms
    1. 1.
      NATIX GmbH has the right to transfer the contractual relationship with the User based on these Campaign Terms to a company or foundation aiming at developing and organizing Campaigns (“Nominated Entity”).
  3. 3.
    Conditions for Participation in the Campaign
    1. 1.
      In order to participate in the Campaign, Users must fulfil the following requirements:
      1. 1.
        Successful registration in the smartphone app “NATIX Drive&” (the “App”)
      2. 2.
        Acceptance of the Terms
  4. 4.
    Campaign Rules
    1. 1.
      Duration of the Campaign The Campaign starts on the first calendar day of February 2024 (usually at ca. 00:00:01 of the local time zone) and ends on the last calendar day of February 2024 (usually at ca. 23:59:59 of the local time zone).
    2. 2.
      Regional Leaderboard Users are assigned to a specific geographical region (the “Region”). Regional allocation is at the discretion of NATIX GmbH. Some Regions have:
      1. 1.
        Active Cycle - Regional leaderboard (the “Leaderboard”) that represents the ranking of the Users in that Region by the Cycle Points they earned in the current “Cycle” (the timeframe of the Leaderboard during this Campaign).
      2. 2.
        The pool of rewards that are described in Section 4.4. of these Campaign Terms which will be distributed among Users based on their Leaderboard ranking at the end of the Cycle.
      If they move permanently to a new region, Users can request to change their region by submitting a request to [email protected] There is no right to be allocated to a specific region. Regional allocation is at the discretion of NATIX GmbH.
      Users who switch regions will lose the Cycle Points accrued in their current Region in the current Cycle.
    3. 3.
      Missions During the Campaign, time-limited missions are displayed to the User via the App based on a coincidental algorithm. There is no right for specific Missions to be displayed. Users can complete Missions in order to receive the rewards described as follows (the “Missions”).
    4. 4.
      Rewards The User can receive the following rewards (the “Rewards”):
      1. 1.
        Points which determine the ranking of the Users in the Leaderboard during the Cycle (the “Cycle Points”). Cycle Points can be earned by completing Missions and by simple driving with App’s detection mode turned on. Cycle Points will reset to 0 at the start of each Cycle.
      2. 2.
        Experience points that are required to reach certain levels (the “Experience Points”). Experience Points can be earned for using the App. Information regarding the available levels (the “Level”) and Experience Points required to reach the Levels can be found in Attachment 1.
      3. 3.
        Points that can be used to purchase certain goods, products or services via the App (the “GEM”). GEMs can be earned for using the App and ranking highly on the Leaderboard.
      4. 4.
        Points that are not GEMs and that can be used to purchase certain goods, products and services via the App (the “NATIX”). Users may or may not earn NATIX, depending on their rank in the Leaderboard at the end of the Cycle.
    5. 5.
      Claiming Mission Rewards Users can claim the Rewards from Missions before the end date of the mission as follows:
      1. 1.
        Auto Claiming Users can choose regarding a Mission the option “Auto Claim” by selecting a Mission before they have completely fulfilled the Mission. Once Users have fully completed the Mission, the Rewards are automatically awarded to the Users.
      2. 2.
        Claiming after Completion Users can also claim Rewards after completing the respective Mission. The point reward of each Mission available in the App to be completed (“offered Missions” or “Missions offered”) is published with the offered Mission in the App - for example 1 point, 100 points, up to over 15000 points per Mission. These are Cycle Points if the user is assigned to a region with an active cycle, or otherwise “Non-Cycle Points” (both “Mission Points”).
        Each Mission offered can only be completed once.
        Depending on the Mission, Users must fulfil different Mission targets. The Mission targets for completion are published on the detail page of the offered Mission in the App - for example, driving and detecting for a certain minimum distance.
    6. 6.
      Process for completing Missions and additional rules
      1. 1.
        The Mission targets for completion and the Mission Points reward are specified at the Missions offered.
      2. 2.
        The number of Missions offered simultaneously and monthly varies.
      3. 3.
        To complete a Mission and receive the reward, you must fulfil both of the following requirements:
      4. 4.
        You must complete the Mission targets after the Mission begins (in the App: "Mission Started" or similar) and before the Mission ends (in the App: "Time Remaining", "Mission End" or similar). Only the progress towards the Mission targets during this period is taken into account. These Mission targets vary depending on the Mission and are published on the details page of the Mission offered in the App. An example Mission target is "Detect 100 traffic participants".
      5. 5.
        Each Mission must be claimed by the User in order to receive the reward. This may be possible, for example, by clicking on the progress bar of the Mission or clicking on the "CLAIM" or "AUTO CLAIM" button of the Mission.
      6. 6.
        In case of misuse or abuse attributable to the User, NATIX GmbH reserves the right to deny the Mission Points, to cancel them without replacement or to reclaim them. Such misuse exists in particular if the user fulfils Missions in violation of the contract.
    7. 7.
      Marketplace NATIX and GEMs can be exchanged for certain goods, products and services via the in-App Marketplace. The available goods, products and services in the Marketplace depend on the Users’ region. The amount of NATIX and/or GEMs required to purchase can be found in the Marketplace section of the App. When Users exchange their NATIX or GEMs for an available good, product and/or service, the indicated number of NATIX and/or GEMs is deducted from the total amount of NATIX and/or GEMs assigned to their account at the time of purchase.
      To redeem NATIX and GEMs in the Marketplace and use the purchased goods, products and services, User need to meet certain requirements:
      1. 1.
        The User needs to have a balance of at least the required amount of NATIX or GEMs to redeem the chosen option.
      2. 2.
        The User needs to provide different information depending on the type of purchased good, product and/or service.
      3. 3.
        To use a purchased voucher, the User needs to buy something (as indicated during the redeeming process) via a different, usually 3rd party website and provide additional details, e.g. User’s address.
      4. 4.
        To receive physical products, the User needs to be able to receive standard mail deliveries at their indicated address.
      5. 5.
        User needs to use a purchased voucher before its expiration date.
    8. 8.
      Raffles Terms and Conditions Periodically, NATIX GmbH may organize raffles and giveaways in which eligible Users can participate. Users’ participation in the raffles and giveaways is subject to the following Terms:
      1. 1.
        Introduction
        1. 1.
          These rules apply to all prize draws, sweepstakes, promotions, giveaways, and suchlike that are promoted on and run in the App (“Raffles” or “Competitions”).
        2. 2.
          “Public Raffles” are free to enter (no purchase required, unless otherwise stated) that you can enter into by fulfilling the requirements in the App, such as, but not limited to, a minimum usage of a specific feature.
        3. 3.
          “Marketplace Raffles” are raffles that you can participate in by redeeming your NATIX and/or GEMs for raffle tickets.
        4. 4.
          For each individual Public Raffle, we will inform you through our website, blog, the App, and/or social media channels about the criteria you need to meet to participate in that Raffle. After you meet the specified criteria, one or multiple (depending on the rules of the specific Raffle) tickets for that Raffle will be assigned to your Drive& account.
        5. 5.
          The rules of Section 4.7 of these Campaign Terms apply.
      2. 2.
        Eligibility Participants must be at least 18 years old. Eligibility is also subject to the laws of the participant's home country regarding such activities.
      3. 3.
        Ineligibility Employees of NATIX GmbH, affiliated freelancers, and their immediate family members are not eligible to participate.
      4. 4.
        Start and closing of the Raffle A Raffle shall open and close for entries at the time and on the date specified on our website and/or social media channels and/or the marketplace offer for raffle tickets in the App. Unless otherwise stated, these times and dates are set to CET time zone (Central European Time).
        Each Raffle has a set maximum number of entries, specified in the raffle description.
        Any entries received after the closing of the Competition will be invalid and will not be entered into the Competition.
        We reserve the right to cancel or amend the Competition and these terms or to exclude Users in the event of any actual or anticipated breach of any applicable law or regulation or any other event outside of our control. NATIX GmbH will take the legitimate interests of the Users into account when making its decision. Any changes to the Competition will be notified to entrants as soon as possible.
      5. 5.
        Prizes & Prize Distribution Prizes for each Raffle shall be specified in the App, on our website, blog and/or social media channels.
        Winners will be notified via email. If requested by us, they must complete an information form, including full name and address, for prize distribution, in accordance with German accounting laws within 14 days. Failure to respond within this timeframe may lead to forfeiture of the winnings, provided that the user is at fault.
        NATIX GmbH is not responsible for the accuracy of the data provided by the winners of the Raffles during the submission of the information form.
      6. 6.
        Tax Laws Winners are responsible for complying with their local tax laws regarding the prize. NATIX GmbH is not responsible for any taxes incurred on prizes.
      7. 7.
        Participant Personal Data Accurate and complete personal data, including name and email address, is required during entry. This data will be used solely for conducting the Raffle and will not be shared with third parties. Personal information is handled according to NATIX GmbH 's Privacy Policy.
      8. 8.
        Disqualifications NATIX GmbH may disqualify participants:
        1. 1.
          who violate the Terms or applicable law or
        2. 2.
          who attempt to influence or influence the Raffle through technical or other manipulation,
        3. 3.
          who access the App in an unauthorized manner (including using modified or unofficial third-party software);
        4. 4.
          who create and/or use multiple accounts;
        5. 5.
          who share Accounts;
        6. 6.
          who use any techniques to alter or falsify a device’s location (for example through GPS spoofing);
        7. 7.
          who try to trick the system so as to get more Raffle tickets and/or rewards in any possible way; and/or
        8. 8.
          who sell or trade their Account.
      9. 9.
        Our Information The Raffles are organized by:
        NATIX GmbH
        Register No.: HRB 161509
        Große Bleichen 32
        20354 Hamburg, Germany
    9. 9.
      Costs Participation in the Campaign is free of charge.
  5. 5.
    Referral
    1. 1.
      Users can also collect additional rewards by referring the App to other potential Users (the “Referral Program”).
      The criteria for participating in the Referral Program are:
      1. 1.
        User registered via a personal referral link or input of a personal referral code generated via the App (the “Referral Link”).
    2. 2.
      The User (“Referrer”) refers a new user (the "Invitee") by sending them a personal referral link or code generated via the App (the “Referral Link”, “Referral Code”). The Referral Link contains encrypted data by means of which the User can be identified as the referrer. The User receives at least 2 Referral Links per week. In order to successfully complete the Referral Program, it is necessary that the Invitee registers an account using the Referral Link or enters the code within around 24 hours after registration and within the same calendar week that it was issued in. Only those who have not had an account with the App in the last 12 months from the date of the start of the Referral Program shall be eligible as an Invitee. Once the Referred User has successfully registered, the Referral Link used can no longer be used.
      Any self-promotion by the User is not permitted. In case of misuse or abuse attributable to the User, NATIX GmbH reserves the right to suspend, restrict, terminate or anyway block the User’s access to the parts of the App within the scope of this, past and future Campaigns, to deny rewards, to cancel them without replacement or to reclaim them. Such misuse exists in particular if the User:
      1. 1.
        uses the Referral Program in violation of the contract with NATIX GmbH,
      2. 2.
        uses methods which are illegal under unfair competition and fair-trading law, e.g. misleading, harassing or impermissibly comparative advertising, or
      3. 3.
        exerts impermissible authoritarian pressure on the Invitee in order to induce the referred person to open an account.
    3. 3.
      Referrer earns NATIX or Cycle Points (“Commission”) based on the NATIX or Cycle Points earned by their direct Invitee as well as indirect Invitees as follows:
      1. 1.
        10% of first-circle Invitees’ earnings (direct Invitees who create an account and use the Referrer’s Referral Code).
      2. 2.
        5% of second-circle Invitees’ earnings (Invitees who create an account and use a first-circle Invitee’s Referral Code).
      3. 3.
        5% of third-circle Invitees’ earnings (Invitees who create an account and use a second-circle Invitee’s Referral Code). Conversion (§7) and Commissions are excluded from the commission calculation
    4. 4.
      The maximum commission a Referrer can earn per month is limited to either:
      1. 1.
        20 NATIX, or
      2. 2.
        For Regions without an active Cycle - 100,000 Non-Cycle Points.
    5. 5.
      Referrers earn Commissions for up to 2 years from each Invitee’s earnings after the date the Invitee registered.
    6. 6.
      Depending on whether Referrers and Invitees are part of a Region with an active Campaign or a region without an active Campaign, Referrers earn NATIX or Cycle Points, as follows:
      1. 1.
        Referrer in Region with an active Cycle, Invitee in Region with an active Cycle: Referrer earns NATIX.
      2. 2.
        Referrer in Region with an active Cycle, Invitee in Region with NO active Cycle: Referrer earns NATIX based on conversion rate 0.0000035 NATIX per Non-Cycle point.
      3. 3.
        Referrer in Region with NO active Cycle, Invitee in Region with an active Cycle: Referrer earns NATIX.
      4. 4.
        Referrer in Region with NO active Cycle, Invitee in Region with NO active Cycle: Referrer earns Non-Cycle Points. Invitees in a region without an active Cycle will earn 10000 bonus Non-Cycle Points for a successful signup with a Referral Link. Invitees in a region with an active Cycle will earn 10000 bonus Cycle Points for a successful signup with a Referral Link.
  6. 6.
    Leaderboard Pass The following Users get automatically a place in the Leaderboard (the “Leaderboard Pass”):
    1. 1.
      Users who have registered via a Referral Link in the App during the very first Cycle.
    2. 2.
      Users who have driven a minimum of 5 kilometers in the current Cycle.
    3. 3.
      Users who have driven 5 kilometers in the previous Cycle or, if there was no Cycle, in the previous month.
  7. 7.
    Conversion of previously earned points to NATIX, GEMs and Experience Points At least two or more days before the beginning of the Region’s first Cycle and before the first cycle overall and therefore before the start of this campaign, Users in that Region can convert points, which they earned according to the provisions of Drive& Terms of Use, to NATIX, GEMs and Experience Points. To do so, the number of NATIX, GEMs and Experience Points that can be converted for the User’s points will be displayed in the App. By converting these points to NATIX, GEMs and Experience Points, the User agrees to receive the number of NATIX, GEMs and Experience Points displayed before the conversion is executed. All points that are not converted after the deadline are deducted from the Users’ accounts. Users must satisfy the following criteria to be able to convert their points into NATIX:
    1. 1.
      have earned more than 50000 points according to the provisions of Drive& Terms of Use or Non-Cycle Points; and
    2. 2.
      be active in the last 3 months. A User is considered active if they drove at least 50 kilometers within at least one driving session.
  8. 8.
    Exclusion from the Campaign We reserve the right to exclude Users from the Campaign:
    1. 1.
      who violate the Terms or applicable law or
    2. 2.
      who attempt to influence or influence the Campaign through technical or other manipulation,
    3. 3.
      who access the App in an unauthorized manner (including using modified or unofficial third party software);
    4. 4.
      who create and/or use multiple accounts;
    5. 5.
      who share Accounts;
    6. 6.
      who use any techniques to alter or falsify a device’s location (for example through GPS spoofing);
    7. 7.
      who try to trick the system so as to get more NATIX, GEMs, Cycle Points and/or Experience Points in any possible way; and/or
    8. 8.
      who sell or trade their Account. In the event of exclusion from the Campaign, Rewards may also be revoked.
  9. 9.
    Liability NATIX GmbH shall be liable to the Users in all cases of contractual and non-contractual liability in the event of willful intent and gross negligence in accordance with the statutory provisions for damages or compensation for wasted expenditure. In other cases, NATIX GmbH shall only be liable in the event of a breach of a contractual obligation, the fulfilment of which is essential for the proper performance of the Campaign and on the observance of which the User may regularly rely (so-called cardinal obligation), limited to compensation for foreseeable and typical damage. In all other cases, NATIX GmbH 's liability is excluded.
    Liability for damages resulting from injury to life, limb or health and under the German Product Liability Act shall remain unaffected by the above limitations and exclusions of liability.
  10. 10.
    Miscellaneous
    1. 1.
      Choice of Law The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods and the conflict of laws. Consumers may invoke more favorable provisions of their local law at any time.
    2. 2.
      Severability Clause If one or more present or future provisions of these Campaign Terms should be or become invalid or unenforceable in whole or in part, the validity and enforceability of the remaining provisions shall not be affected thereby. The invalid, illegal, unenforceable and/or unenforceable provision shall be deemed to be replaced by such valid, legal and enforceable provision as is consistent as far as possible with the spirit and economic purpose of the Campaign Terms and the original intention of the parties.
Attachment 1 - Levels and Experience Points
Level
Experience Points
0
0
1
9
2
26
3
47
4
73
5
101
6
133
7
168
8
205
9
245
10
287
11
331
12
377
13
425
14
475
15
527
16
580
17
635
18
692
19
751