As part of the testing of our future service, you as an employee of Vay can participate live and support us in creating the best possible experience for the future.

If you are not employed by Vay to conduct product tests, participation in the trial is completely voluntary. By participating in the testing service, you allow us to achieve our testing and research objectives. Be aware that we consider the testing service a cornerstone for Vay. It serves exclusively Vay's development purposes. Your support is considered an integral part of our testing strategy and path towards our common goal, the commercial launch.

Each individual journey should be as intuitive as possible and map real use cases. This allows us to capture the “true reality” and, through our learning process, we will create the best possible user experience for future customers. For this very reason, we try to set as few parameters as possible for each trip. We learn from real experiences that cannot be staged in advance.

However, we must determine the scope and application of the test service in advance. Participation is subject to certain conditions and these include accepting the work instructions below. You are subject to Vay's instructions at all times during each test drive. If it is necessary for us to give you instructions, you must follow them. Please read the provisions below carefully before deciding to participate in the Testing Service. Let's do this together!

  

1. General Work Instructions for the Testing Service

1. Scope

1.1 These General Work Instructions ("GWI") govern the testing conditions between Vay Technology GmbH ("Vay") and employees ("Test Users") who use Vay Testing Services with regard to the general framework and the registration of a Test User account. In addition, the Test Journey Work Instructions ("TJWI") under II. govern the testing conditions between Vay and Test Users being assigned a vehicle for testing purposes.

1.2 To the extent necessary for the use of Vay internal Testing Services, the Test User needs to provide for the possibility of mobile data communication with the end device.

1.3 Further information on Vay and the Testing Service, as well as on what to do in the event of an accident, can be found in the FAQ available on this Confluence page.

  

2. Registration & Participation

2.1 Registration by the Test User for an individual user account takes place via the Vay App, which can be downloaded to the end device free of charge.

2.2 By entering the requested data and confirming these GWI in the registration process, the Test User participation between the Test User and Vay is concluded.

2.3 When registering, the Test User will receive an email which is used to access the Vay App once it has been activated. The Test User must always ensure that the data relating to the user account is protected and that no third party has access to this data in any way. For this purpose, the Test User must protect the end device from third party access with a separate password or an appropriate security (Face-ID, PIN, fingerprint). Vay reserves the right to restrict the use of the Vay App or to exclude the Test User from using it, provided that no access restriction (Face-ID, PIN, fingerprint) is activated on the end device.

2.4 If third parties obtain and/or misuse data relating to the Test User account, the Test User is obliged to inform Vay immediately.

2.5 If third parties gain access to a vehicle via the Test User's user account or platform account, the Test User is obliged to inform Vay immediately.

2.6 If the user contract is terminated, Vay is entitled to continue to store the data from the user account (in particular the data relating to processed Test Journeys) for research and development and processing of any outstanding official or criminal charges and/or investigations related to specific Test Journeys.

  

  

3. Authorization of use, driver's license, verification

3.1 Only employees are authorized to use the Testing Service as Test Users and, in particular, are entitled to reserve vehicles and conclude Test Journeys under the TJWI if they 

• registered in accordance with these GWI, have successfully completed the verification process in accordance with section 3.2, have a user account activated by Vay and have the Vay App with the latest software version on their end device and

• are in possession of a driving license required to drive the respective vehicle and valid in the jurisdiction in which the Test Journey is executed and fulfill all conditions and requirements contained therein.

    

3.2 In order to conclude a Test Journey under the TJWI, the Test User must have his identity and driver's license checked and verified.

  

3.3 The authorization to use vehicles shall expire if the Test User's driving license has been revoked or the Test User's driving license has been temporarily seized or confiscated. For the duration of a driving ban imposed by a court or the authorities, the Test User's corresponding authorization is suspended. In case of restriction of the driving license, Vay reserves the right to withdraw the authorization to use vehicles.

  

3.4 The Test User shall immediately notify Vay of the revocation or restriction of its driver's license, the effectiveness of a driving ban, or any temporary seizure or impoundment of its driver's license.

  

  

4. Duties of the test user  

4.1 By participating in the Testing Service, the Test User undertakes to treat Vay's property, in particular the vehicles, with care at all times and to maintain the strict confidentiality about the modalities of the Testing Service, unless expressly permitted.

  

4.2 By participating in the Testing Service, the Test User must provide feedback at the end of each Test Journey when prompted and provide general feedback via regular Test User interviews, when prompted. If this obligation is not diligently complied with, Vay reserves the right to exclude the Test User from the Testing Service.

  

  

5. Test User Data

5.1 Vay collects and processes the Test User’s personal data in accordance with its Privacy Policy, which is available at https://vay.io/app_phase1_data-privacy-policy/.

  

5.2 The individual Test Journeys are recorded by Vay with the start and destination location, start and destination time and duration of use via GPS. Vay may use service providers to determine the location of the vehicle.

  

5.3 Vay is entitled to collect, process and use the personal data of the Test User provided for the Test User account as well as the usage and vehicle data of the Test User (including data for the localization of the used vehicle as well as the track data generated by GPS during the respective use) to the extent necessary for the testing or to protect the rights of Vay. This also applies to data transmitted to Vay by a Platform for these purposes. Incidentally, this also applies to the (generic) location and movement data of the end device of the respective user.

  

5.4 Vay is entitled to collect, process and use the personal data of the Test User from feedback according to 4.2  for research and development purposes.

  

5.5 Vay is entitled to contact the Test User by telephone if there is a specific reason, e.g. to determine the cause of a malfunction.

  

  

6. Liability

6.1 Vay is liable to the test users according to the statutory provisions. The Test Users are aware that the Testing Service is a prototype application whose functionality has not yet been optimized.

  

6.2 Subject to the specific provisions in these GWI and the TJWI, the Test User shall be liable in accordance with the statutory provisions, limited to medium and gross negligence and intent in accordance with the principles of employee liability compensation.

  

  

1. Test Journey Work Instructions

  

1. Test Journeys and reservations

1.1 These TJWI govern the testing conditions between Vay and Test Users executing individual Test Journeys. The Test Journeys within the framework of the Testing Service take place exclusively for the Vay's developmental purposes and must be at all time business related. The Test Journeys shall represent real use cases as far as possible, which will later also be relevant for customers. Nevertheless, at any time during a Test Journey, the Test User is subject to instructions by Vay.

  

1.2 For Test Users authorized to use vehicles in accordance with these TJWI and the GWI, Vay provides available vehicles within the Test Service Area. Test Journeys can be concluded via the Vay App. Vay may refuse the use for any objective and justified reason. The Test User has under no circumstances a claim to a specific vehicle or to the use. The execution of Test Journey serves a research and development purpose only.

  

1.3 "Test Service Area" means the area within the boundaries of which the respective vehicle can be used and the Test Journey can be terminated. The Test Service Area and the available vehicles can be accessed in the Vay App,  via confluence or, if applicable, a printed map placed inside the vehicle.

  

1.4 In order to be able to use (and, if applicable, reserve) a vehicle via the Vay App, the Test User must be logged into the Vay user account generated under the GWI.

  

1.5 If applicable, the Test User may be able to reserve a selected vehicle via the Vay App. To its sole discretion, Vay may refuse a reservation especially if there are not enough vehicles available to fulfill the reservation requests. If no Test Journey is concluded or a reserved vehicle is not used by the Test User within the reservation period, the vehicle will be released again for use by other Test Users.

  

1.6 The Test Journey execution commences by logging into the user account via the Vay App and having the vehicle opened via the Vay App.

  

1.7 The Test User is obliged to check the vehicle for any damage before starting the journey. The report of new damage must be made before entering the vehicle and starting the engine. If the Test User detects damage, the Test User is obliged to notify Vay via a dedicated communication channel immediately.

  

1.8 The Test Journey ends when the Test User has duly terminated the process in accordance with clause 3 of these TJWI, or when Vay unilaterally terminates the Teest Journey.

  

1.9 The Test User is prohibited from using and/or driving a vehicle without authorization to use it in accordance with Section 3 of the GWI. The Test User is also prohibited from allowing other persons to drive the vehicle or otherwise enable third parties to drive or use the vehicle in any way. This also applies if the other person is himself a Test User of Vay.

  

2. Treatment and use of the vehicle  

2.1 The Test User must treat the vehicles with care and diligence. In case of any ambiguity regarding the use of the vehicles, the Test User shall contact Vay immediately. The Test User must verify the roadworthiness of the vehicle, in particular by visually inspecting the tires, before starting the Test Journey. The Test User has to secure the vehicle against theft after parking (windows and doors have to be locked). The Test User must comply with the respective road traffic regulations at all times when participating in road traffic with the vehicle. In the event of a warning light coming on in the dashboard display, the Test User is obliged to stop immediately and contact Vay to agree whether the journey can be continued.

  

2.2 The Test User is prohibited from using the vehicle for the following purposes:

1. a) solely or predominantly for private purposes, but only for research and developmental purposes,
2. b) for driving safety training as well as driving off paved roads and for "drifting" (applying the handbrake except to secure the vehicle against rolling away),
3. c) for commercial passenger transport and other commercial passenger transport, or for commercial transport (e.g. courier services),
4. d) for subletting or for advertising measures of the Test User,
5. e) for the commission of criminal offenses,
6. f) for the carriage of highly flammable, toxic or other hazardous substances exceeding normal household quantities,
7. g) to transport objects which, due to their shape, size or weight, may affect driving safety or damage the interior of the vehicle, unless they are packed and stowed in such a way that they do not pose any danger, 
8. h) for towing trailers, vehicles or other objects,
9. i) for transporting animals, unless they are in a closed cage that is securely stowed in the trunk.

     

2.3 In addition, the Test User is prohibited from:

1. a) using the vehicle for travel outside the territories expressly approved by Vay
2. b) driving the vehicle under the influence of alcohol (a blood alcohol limit of 0.0 ‰ applies), drugs or medication that could impair the ability to drive,
3. c) transporting children under 12 years of age or smaller than 150 cm, if no suitable and age-appropriate approved restraint device (infant carrier, child seat, booster seat) is used for the child in compliance with all manufacturer's instructions for assembly and disassembly
4. f) smoking in the vehicle or allowing passengers to smoke, this also includes e-cigarettes or other liquid and tobacco vaporizers,
5. i) driving the vehicle in underground garages or parking garages (except for the underground garages and parking garages designated as permitted parking areas in the Vay App) and parking in no-stopping or no-parking areas as defined in the road traffic regulations or in no-parking areas (as designated in the Vay App).

     

2.4 Violations of the prohibitions in clauses 2.2 and 2.3 of these TJWI entitle Vay to enforce employment measures including the claim for damages.

  

2.5 It cannot be technically excluded that the vehicle locks itself independently to prevent theft. In order to prevent the Test User from being unable to unlock the doors through corresponding functions of the Vay App (selection of parking mode, activation of the use), it is not permitted to park the vehicle at a location where no mobile connection to the vehicle can be established unless required due to special circumstances, traffic conditions or due to any other exceptional situation. 

  

3. End of the Test Journey

3.1 At the end of the Test Journey, the Test User is obligated to either

  

1. a) return the vehicle to the Drivery (Mariendorfer Damm, 12099 Berlin) and park it during the initial testing phase as instructed by the responsible Vay staff or
2. b) park the vehicle properly and in accordance with the road traffic regulations in a permitted parking space in the public traffic area in the Test Service Area if instructed so by the responsible Vay staff. The Test User may only park in parking spaces free of charge.

     

At any time during the test period, the test user must observe and follow Vay's specific instructions regarding the applicable return location.

  

3.2 After the Test User has parked the vehicle properly, the Test User locks the vehicle via the Vay App.

  

3.3 Each individual Test Journey shall terminate only when the Test User (i) has successfully locked the vehicle via the Vay App and (ii) the summary of the terminated Test Journey is displayed in the Vay App. The Test User shall ensure that the termination of the journey is fully completed before the Test User abandons the vehicle. In case of uncertainty regarding the successful completion of the Test Journey, clarification must be made with Vay via the Vay service team before the Test User abandons the vehicle. The testing process can then also be terminated by Vay, it ends in such cases with the confirmation by the Vay service team.

  

3.4 Vay reserves the right to automatically initiate the end of the usage period after the vehicle has been properly parked.

  

3.5 If the termination of the Test Journey fails due to technical reasons, the Test User is obliged to report this to Vay immediately in order to coordinate the further procedure with Vay.

  

3.6 The Test User may only park the vehicle in areas with a day or time-related restriction on parking authorization (e.g. stopping bans with additional signs such as "7:00 a.m. to 5:00 p.m." or "Monday 6:00 a.m. to 12:00 a.m.") if the restriction does not take effect until 24 hours after the vehicle has been parked.

  

  

4. Return of the vehicle

A proper return of the vehicle requires in particular the following:

  

4.1 The vehicle is returned to the correct return location in accordance with section 3.1.

  

4.2 The vehicle is in a clean condition inside.

  

4.3 The vehicle must be properly secured and locked. In particular, the doors, windows and sunroof must be locked, the parking brake applied, the steering wheel lock engaged and the lights switched off.

  

4.4 The vehicle must be returned with all documents provided.

  

4.5 No equipment and accessories of the vehicle may be missing.

  

4.6. The Test User must provide feedback at the end of each Test Journey when prompted. If this obligation is not diligently complied with, Vay reserves the right to exclude the Test User from the Testing Service.

  

  

5. Obligations in the event of accidents, damage, theft, destruction and other loss of the vehicle

5.1 Accidents, damage, theft, destruction and/or other loss of the vehicle must be reported to Vay immediately and directly by telephone.

  

5.2 The Test User is obliged to ensure that all measures necessary to mitigate damage and preserve evidence are taken. The Test User has to inform Vay immediately and to coordinate the further procedure with the Vay service team.

  

5.3 The Test User may only leave the scene of the accident once the measures to mitigate the damage and preserve evidence as well as the report to the police and, if necessary, the police recording have been completed. These obligations of the Test User shall not apply if the Test User leaves the scene of the accident with justification or excuse due to accident-related injuries of a party involved in the accident. Further use of the vehicle may only take place if the Test User (i) has received permission from Vay to continue its use and (ii) has verified that the vehicle is in roadworthy condition.

  

5.4 All instructions of Vay must be complied with. The Test User is prohibited from making any acknowledgement of debt or from making any payment or other act acknowledging damage and/or debt, to the extent that such acts may affect the interests of Vay.

  

6. Liability and insurance coverage

6.1 The vehicles to be used are covered by liability insurance to the extent required by law.

  

6.2 If the vehicle used by the Test User is damaged during use or if the Test User causes damage to the vehicle, the Test User's liability for damage to the vehicle used by the Test User is limited to medium and gross negligence and intent in accordance with the principles of employee liability compensation.

  

6.3 A limitation of liability to the deductible according to the insurance policy does not apply if the Test User has caused the damage intentionally; if the Test User has caused the damage by gross negligence, Vay may reduce the limitation of liability in a ratio corresponding to the severity of the Test User's fault.

  

6.4 The Test User is fully liable for public offenses and crimes committed by him, in particular for violations of traffic and regulatory regulations during the period of use and in connection with the parking of the vehicle.

  

7. Testing of payment methods

The Testing Service is provided for testing purposes only and therefore does not entail any substantial costs for the Test User. If in the further course of the test phase the Test User has to make test payments for a Test Journey in order to test the payment functiontionality, these will be fully reimbursed subsequently by Vay.

  

8. Changes to the TJWI Amendments to the TJWI shall be notified to the Test User via internal communication.