General Terms and Conditions for the project “Smart Lisboa”

Updated: 09.07.2019

Section 1: Scope of Application

We, Via Verde Serviços, S.A., a company registered with the Commercial Registry of Cascais under VAT number 509039863, with registered address at Quinta da Torre da Aguilha, 2785-599 São Domingos de Rana (hereinafter referred to as "we" or "VVS"), are providing you with a smartphone application (hereinafter referred to as the "app"), with which you (hereinafter also referred to as the "user") can track your movements and your mobility free of charge during your everyday activities within the framework of the General Terms and Conditions (hereinafter referred to in general as the "service"), during the period of up to 12 (twelve) weeks.

The increasing digitalization of many areas of life is also bringing about profound changes in everyday mobility. Especially in metropolitan regions, digital technologies are used to further develop mobility offers. Transport operators and new stakeholders develop and implement new multimodal mobility services. People seem less committed to individual means of transport and Mobility patterns are becoming multimodal and more varied.

In order to understand and shape these changes in the mobility world and aiming at the study and analysis of a potential offer of services, up-to-date and detailed information on mobility behaviour must be available.

The following General Terms and Conditions shall be exclusively valid for the app.

Section 2: Registration

  1. To be able to use the service, you must first register for free through the app, thereby creating an account. You will select a user name and password to register, and provide your valid e-mail address. By clicking on the “register now” button, you are requesting the conclusion of an agreement regarding the use of our service. In doing so, you also consent to the General Terms and Conditions and Data Privacy Policy of VVS  valid at the time of your registration.
  2. VVS accepts this request by sending a confirmation e-mail to the e-mail address you provided at the time of your registration. We declare our acceptance under the condition precedent that you click on the activation link included in the confirmation e-mail. By clicking on the activation link, you conclude an agreement between yourself and VVS regarding the use of the service (hereinafter referred to as a "usage agreement"). We reserve the right to reject your registration without providing grounds for doing so.
  3. You may only hold one account at a time. If you do register multiple times and possess multiple accounts at once, we will delete all of your accounts except for your oldest account.
  4. You may only register as a natural person. Legal entities are not allowed to open an account.
  5. We reserve the right to delete your account if you have not used the service for a period of at least six months, or if we can no longer reach you through the e-mail address you have provided.

Section 3: Completeness, Obligation to Truthfulness

  1. All information you provide in your account must be complete and truthful. If your information or data changes during the term of this usage agreement, you must adjust the information and data in your account promptly.
  2. If there are any changes to your information or data which seem unusual or conspicuous to us, or if we believe your account is being misused, we are entitled to contact you through e-mail and investigate the change.

Section 4: Confidentiality and Security

  1. The confidentiality and security of your data is important to us. Encryption technologies based on state of the art technology are used in order to provide your data the best possible protection, which is stored on a server owned by MotionTag GmbH, a German company with head office at Rudolf-Breitscheid-Str. 162, 14482 Potsdam, which acts as Data Processor. Your data is collected, processed and stored exclusively in accordance with the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (General Data Protection Regulation) . You can find more information on how we handle your data in our Data Privacy Policy.
  2. You should also treat your login information as confidential, especially your password, and protect it from access by third parties. You may not provide any third party access to your account. If you know or suspect that your account has been misused by a third party or if a third party knows your password, you should inform us of this promptly at . piloto.smartlisboa@viaverde.pt .

Section 5: Movement Data

  1. After registering successfully, you can start recording your personal movement diary using the app. To do so, the app on your smartphone will collect your movement data (hereinafter referred to as “movement data“). After waypoints have been transmitted to our server, the app automatically analyzes which means of transportation you are using to travel (e.g. walking, biking, driving, or riding the subway, train, etc.) The app shows you your trips, which it determines using these waypoints (“stages“). You can view a geographical representation of the individual stages on a map.
  2. The smart app also summarizes your personal movement data using statistics, which provide information on the number of types of transportation you have used, on what percentage of the time you use each one, and on your CO2 emissions and environmental footprint.
  3. You decide when and for how long the app records your movement data. You are free to start, interrupt, or end the recording at any time.
  4. You can learn about how our app reads your movement data in our Data Privacy Policy.
  5. With regard to your data related to geographical location, such data will be processed by VVS only within the scope of the service, in accordance with the applicable legislation and our Privacy Policy. The collection and processing of geographical location data is carried out exclusively for the performance of the service and with respect to the minimization principle. The user may, at any time, disable the geographical location functionality through the definitions of your device, preventing, nonetheless, the provision of the service.
  6. Although our technology is highly precise, it is possible that the app may create incorrect stages in some individual cases. You can and should correct these incorrect stages through your account. Our statements in Sec. 3 above shall be valid with regards to the completeness and correctness of a change in your information.

Section 6: Forbidden Use

  1. You must conform to the provisions of these General Terms and Conditions and to valid statutory regulations during your use of the service provided by VVS. Any use which is contradictory to these provisions or to valid statutory regulations is forbidden. In particular, the following are forbidden:
    1. providing incomplete or untrue statements;
    2. changing or falsifying information and movement data in an untruthful manner;
    3. opening an account in the name of a third party;
    4. entering information or data pertaining to another person;
    5. transferring your account to a third party;
    6. providing your login information and account to other persons or granting other persons access to these;
    7. changing, manipulating, subverting, overloading, hacking, attacking with viruses or malware, or intervening in any other manner with the service or the app and the software and security measures upon which they are based;
    8. using the service to spy on other people;
    9. installing and using the app on a mobile telephone designated for use by another person without their consent.
  2. VVS reserves the right to block or remove access to your account temporarily or permanently or to delete your account at its own discretion if we have reason to suspect that you are using your account in a forbidden manner. Before we block or delete your account, we will contact you through e-mail and provide you an appropriate opportunity to make a statement. If we do permanently block or delete your account because of a forbidden use, you will not be allowed to re-register.

Section 7: Liability and Responsibility of the User

  1. The user hereby indemnifies VVS from all claims third parties may bring against VVS, insofar as the reason for the claim is the responsibility of the user. In this case, the user will also accept the costs incurred by VVS as part of any required legal defense, including court and attorney’s fees at statutory rates.
  2. In case of use by a third party as described above, the user is obligated to provide VVS all information that could be necessary to review the claims and for defense promptly, truthfully, and completely.

Section 8: Liability of VVS

  1. VVS shall not be obligated to provide the app or to offer the service. The user shall have no claim to registration.
  2. VVS shall undertake appropriate efforts and measures to offer you a secure reliable service. However, interruptions due to technical errors or maintenance work are possible.
  3. VVS reserves the right to change the service at its own discretion. Any liability of VVS for damages resulting from and in conjunction with the exercising of rights and duties resulting from this agreement is hereby excluded. This shall not be valid for
    1. damages resulting from an injury to life, limb, or health, damages resulting from a negligent breach of duty by VVS, or damages resulting from an intentional or negligent breach of duty by a legal representative or agent of VVS;
    2. damages resulting from a breach of duty by VVS or a legal representative or agent of VVS related to essential contractual rights and obligations which are required for the orderly execution of the agreement and which endanger the implementation of the purpose of the contract (cardinal duties);
    3. damages resulting from an intentional or grossly negligent breach of duty by VVS or from an intentional or grossly negligent breach of duty by a legal representative or agent of VVS
  4. An exclusion and/or limitation of liability of VVS shall also apply to legal representatives and agents of VVS.

Section 9 Blockage, Deletion

  1. You may delete individual pieces of data or your entire account at any time. To do so, simply send an e-mail to EPD_VVS@viaverde.pt or get into contact with us.
  2. If you or VVS delete your account, this usage agreement will be terminated automatically.
  3. If your account is deleted, we will delete all of your data we have saved. If your data is included an assessment of raw data sets which has already begun, your data will continue to be included in these data sets in an anonymized form. Of course, your data will be removed from the live system, meaning it will not be included in further assessments.

Section 10 Miscellaneous

  1. These General Terms and Conditions are subject to Portuguese law.
  2. VVS reserves the right to change these Terms and Conditions at any time, insofar as these changes are not unreasonably detrimental to the user. We will notify you of changes to the General Terms and Conditions by e-mail at least four weeks before they come into effect. Changes will be determined as accepted if you do not object to said changes within four weeks after our notification by sending an e-mail piloto.smartlisboa@viaverde.pt. We will provide you specific information on your opportunity to object and on the meaning of the deadline if we change our General Terms and Conditions. If you take advantage of your right to object, we have the right to delete your account, effective as of the deadline upon which the changed General Terms and Conditions are to take effect. We will also provide you with a separate notification of this deletion.
  3. In order to comply with Article 18 of the Law nr. 144/2015, september 8, VVS informs that the existing Alternative Disputes Resolution Entities within the national territory, are registered within the list of the Alternative Disputes Resolution Entities with the General Directorate General for Consumer, available at www.consumidor.pt.
  4. In furtherance of number 3. above, VVS hereby informs that it has not adhered and it shall not be bound to any of those Alternative Disputes Resolution Entities, and the User shall use the judicial courts to sue VVS in accordance with the following number.
  5. Any dispute arising out of these General Terms and Conditions shall be settled exclusively under the Judicial Courts of Lisbon, Oporto or the Courts of the User’s domicile.
  6. Headings serve only to provide clarity and have no meaning for the interpretation of this agreement.
  7. Insofar as a provision of these General Terms and Conditions is invalid, this shall not affect the validity of the remaining provisions.