Terms of Use for the Flix Customer Account

1. Scope and subject matter of the contract

1. These Terms of Use govern the use of the personal customer account ("My Account") on the websites and mobile applications of Flix SE and its affiliated companies in all regions where the customer account is offered (hereinafter "Flix").

2. The customer account constitutes a digital service provided by Flix within the framework of its commercial activities.
   The customer account enables registered users in particular to:

   a) book and manage trips
   b) view past and upcoming trips,
   c) manage selected profile and contact data.

   The applicable terms and conditions of carriage and terms of booking of Flix apply exclusively to the carriage and booking itself. These Terms of Use govern the provision of the customer account as a digital service and do not govern the contract of carriage or booking. In case of conflicts between these Terms of Use and the terms and conditions of carriage or booking, the latter shall prevail with respect to matters relating to carriage and booking.

3. The applicable terms and conditions of carriage and terms of booking of Flix apply exclusively to the carriage and booking itself. These Terms of Use govern only the provision and use of the customer account as a technical platform and do not govern the contract of carriage or booking. In case of conflicts between these Terms of Use and the terms and conditions of carriage or booking, the latter shall prevail with respect to matters relating to carriage and booking.

2. Registration and access

1. Registration is required to use "My Account."
2. Registration is completed by providing a valid primary identifier (such as an email address or mobile phone number), depending on the registration methods made available in the respective region. After entering the email address, the user will receive a confirmation code for verification.
3. The user is obliged to provide truthful and complete information during registration and to keep this information up to date.
4. Flix reserves the right to reject registration requests or deny access to the customer account at its reasonable discretion, particularly in cases of suspected misuse or violation of these Terms of Use.

3. Responsibility for access data

1. The user is obliged to protect access to his/her customer account from unauthorized use.
2. Access codes and other authentication data must be treated as confidential and may not be disclosed to third parties.
3. Any use of the customer account using the correct access data is presumed to be use by the registered user. The user may rebut this presumption by demonstrating that unauthorized use occurred despite the user having taken all reasonable security precautions required under Section 3 of these Terms of Use.

4. Use of the customer account

1. The customer account may only be used for private, non-commercial purposes in connection with Flix services.

2. In particular, it is prohibited to:

   a) using the customer account for illegal purposes,
   b) providing false or misleading information,
   c) to circumvent or manipulate Flix's security mechanisms,
   d) allowing third parties to use the customer account.

3. Flix reserves the right to further develop, restrict, or change the functions of the customer account at any time. Flix will consider the legitimate interests of users when making such changes. Substantial changes that materially affect core functionalities will be communicated to users with reasonable advance notice where technically feasible.
   Flix may require users to register for or log into a customer account in order to access certain functionalities or to proceed with bookings, in particular for security, abuse prevention or fraud prevention purposes. This does not affect the validity of bookings that have already been duly completed.

5. Management and modification of data

1. The user can update certain personal data in the customer account independently.
2. For security reasons, changes to the stored primary identifier (such as email address or phone number) and the deletion of the customer account are currently only possible via customer service.
3. The user is responsible for ensuring that the data stored in the customer account is up to date and correct.

6. Blocking and termination of use

1. Flix is entitled to temporarily or permanently block the customer account if:

   a) there is a violation of these Terms of Use,
   b)there are concrete indications of misuse,
   c) this is necessary for security or technical reasons.

2. The user may terminate the use of the customer account at any time by requesting the deletion of the account via customer service.
3.  Legal retention obligations remain unaffected by account deletion.

7. Liability

1. Flix is liable without limitation for damages caused by intent (Vorsatz) or gross negligence (grobe Fahrlässigkeit), as well as for damages resulting from injury to life, body, or health. For damages caused by simple negligence (einfache Fahrlässigkeit), Flix is liable only in the event of a breach of material contractual obligations (wesentliche Vertragspflichten), and such liability is limited to foreseeable, typically occurring damages. Liability under the Product Liability Act (Produkthaftungsgesetz) remains unaffected.
2. Flix does not guarantee uninterrupted availability of the customer account or individual functions. Flix is not liable for temporary unavailability due to maintenance, technical issues, or force majeure events, provided Flix exercises reasonable care in maintaining the system.
3. Liability for content that the user provides in the customer account lies exclusively with the user.

8. Data protection

The processing of personal data in connection with the use of the customer account is carried out in accordance with 2.1.7 of the applicable privacy policy, which can be accessed at Data Privacy → FlixBus. 

9. Changes to the Terms of Use

1. Flix reserves the right to change these Terms of Use. 
2. Users will be notified of any changes in an appropriate manner.
3. If the user does not object within a reasonable period of time, the changes shall be deemed accepted.

10. Final provisions

1. The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods.
2. Should individual provisions of these Terms of Use be or become invalid, the validity of the remaining provisions shall remain unaffected.