Clear terms
Clear road

About 45weg and these terms

45weg is made and run by one individual developer established in the Netherlands, working alone and not through a company. In these terms, “45weg”, “we” and “us” mean that person. Send any question, complaint or claim about 45weg to hallo@45weg.nl, which reaches them directly, and ask at that address for their name and postal address if you need them. The service helps plan and follow routes for snorfiets, bromfiets, speed pedelec and brommobiel riders in the countries it says it supports.

These terms are the agreement between you and us. The app presents and links them before use; by choosing to continue and using 45weg, you accept them. You must be at least 16.

45weg is provided without charge. Optional crash reports and usage data are not a price or a condition of the service, and navigation works when both remain off. There is no fourteen-day cooling-off period left to exercise: supply of a digital service begins the moment you first use the app, which is the point at which a right of withdrawal ends under article 6:230p of the Dutch Civil Code. You can stop using 45weg, or delete your account, at any time instead. Mandatory protections for consumers under Dutch and EU law continue to apply.

Keep a copy of the version you agreed to. This page is the version in force and the effective date above identifies it; it saves and prints as it stands. When it is replaced, the version it replaces keeps its own permanent dated address and stays readable there unchanged, so what you agreed to does not disappear when the terms move on. We will also send you the version that applied on any given date if you ask.

Routes and information

45weg aims to produce routes that are lawful for the vehicle class you selected, and it will refuse to answer rather than guess: it returns no route where it cannot find a lawful one, and no route at all outside the areas whose rules it has verified.

Even so, maps, legislation, access data, positions, search results, speed information and guidance can be incomplete, delayed, inaccurate or out of date. Satellite positioning can place you on the wrong road. A route is not a guarantee that every part of it is lawful, open, passable or safe at the moment you reach it.

Two known limits need particular attention. Map data does not always identify when a parallel cycle path must be used, so a route can incorrectly remain on the carriageway. The app also cannot reliably determine from map data whether a road is inside a built-up area, so it uses the lower potentially applicable speed on cycle infrastructure. Always follow the signs and rules that apply where you are.

These disclosures do not remove any mandatory right or remedy you have if the service does not conform to the contract.

Your account

You do not need to register or provide your name or email address to use 45weg. The app gives the installation a pseudonymous identity so requests can be authenticated, and that is enough to plan and follow routes. An account is optional, and what it does is keep your saved places when you move to a new phone. If you create one, you are responsible for keeping access to the email address, Apple ID or Google account you sign in with, and for what happens through it. Tell us promptly at hallo@45weg.nl if you think someone else is using it.

Give accurate information and do not sign in as somebody else. One person, one account.

Acceptable use

Do not overload, disrupt or scrape the service, attempt unauthorised access, work around security or account checks, introduce malicious code, interfere with other riders, or use 45weg for anything unlawful.

We may suspend or end access where that is reasonably needed to protect the service, its riders or others. Unless the law or an urgent security need says otherwise, we will tell you why and give you a way to respond, and we will restore access once the reason has gone.

Availability and changes

45weg depends on third-party identity, hosting, map, search, device and network services, so interruptions can occur. Features may differ by country, vehicle class or device. We may change the service only for a valid reason, such as improving functionality or security, adapting to law or external data, preventing abuse, or responding to a provider change.

A change will not impose additional cost. Where a change negatively affects access or use beyond a minor extent, we will give clear notice on a durable medium reasonably in advance and explain the change and your rights, including any statutory right to end the contract without charge. We may withdraw the service, but will give reasonable advance notice where practicable. We may change these terms for the same kinds of valid reason, with notice before a material change takes effect. Changes do not apply retroactively.

What you can expect

We supply 45weg with reasonable care and skill. It must meet the subjective and objective conformity requirements that mandatory law applies, including applicable descriptions and public statements.

Where Title 1aa of Book 7 of the Dutch Civil Code or another mandatory rule for digital content or services applies, its conformity, update and remedy provisions apply. These terms do not exclude or limit those provisions or any other mandatory Dutch or EU consumer right.

Beyond what mandatory law and these terms require, and to the extent permitted by law, we give no additional guarantee that 45weg will be uninterrupted or error free, or that every route will be lawful, open, passable or safe when you reach it.

Liability

To the fullest extent permitted by law, we are not liable for damage to the extent it results from your failure to follow road signs, traffic rules, closures, instructions from authorised persons or visible conditions; an incorrect vehicle profile; unsafe or unlawful riding; or use of 45weg contrary to these terms. You remain responsible for controlling the vehicle and deciding whether an instruction is safe and lawful to follow.

To the fullest extent permitted by law, we are not liable for loss caused by inaccurate or unavailable third-party maps, positioning, search, identity, hosting, network or device services, unless and to the extent the law makes that cause our responsibility. We exclude liability for indirect or consequential loss, lost profit, lost time, missed appointments, fines and loss of data only to the extent such an exclusion is lawful and fair in the circumstances.

We are not in default where performance is prevented by something outside our control and not our fault, within the meaning of article 6:75 of the Dutch Civil Code. That covers an outage at a hosting, map, search, identity or network provider, a failure or degradation of satellite positioning, a fault in your device or its operating system, a change in the law or in the public data the rules are built from, and an act of a public authority.

Please tell us about a problem within a reasonable time after discovering it so that we can investigate and, where possible, correct it. This request does not shorten any statutory complaint or limitation period.

Nothing in these terms excludes or limits liability where exclusion or limitation is prohibited, including liability for intent or deliberate recklessness and mandatory product liability. A limitation applies only to the extent it is lawful and not unfair or unreasonably onerous under applicable consumer law.

Maps, data and other services

Map data comes from OpenStreetMap contributors and is available under the Open Database License. The map style and tiles come from OpenFreeMap, place search from Photon, Dutch address search from PDOK, and sign-in and cloud storage from Apple and Google. Their own terms and privacy notices apply to what they do, and you agree to comply with any third-party terms that apply when you use 45weg.

We are not responsible for those services, and their failure or withdrawal can limit or stop parts of 45weg.

Intellectual property

The 45weg name, interface, artwork, copy and software are ours or our licensors', and stay that way. You get a personal, limited, revocable, non-exclusive and non-transferable right to use the service for lawful navigation, on devices you own or control.

You may not copy, sell, rent, redistribute, decompile or reverse engineer 45weg, or build a competing service out of its protected parts, except where the law expressly allows it regardless of what a contract says.

If you installed 45weg from the App Store

This agreement is between you and us, not with Apple. We alone are responsible for 45weg and its content, and we alone provide any maintenance and support for it, at hallo@45weg.nl. Apple has no obligation whatsoever to provide any maintenance or support services for 45weg.

If 45weg fails to conform to any warranty that applies, you may tell Apple and Apple will refund the purchase price, which is nothing for a free app. Beyond that, Apple has no warranty obligation, and any other claim, loss, liability, damage, cost or expense attributable to a failure to conform is our responsibility. We are also responsible for handling any claim by you or a third party about 45weg, including product liability, a failure to meet a legal requirement, and consumer protection claims, and for any claim that 45weg infringes someone's intellectual property rights.

Your licence to use 45weg is limited to Apple-branded products you own or control, as permitted by the Apple Media Services Terms and Conditions, including their Family Sharing rules. You confirm you are not in a country subject to a United States embargo or designated by the United States government as supporting terrorism, and that you are not on any United States list of prohibited or restricted parties.

Apple and its subsidiaries are third-party beneficiaries of these terms and may enforce them against you.

Ending use and deletion

You may stop using 45weg whenever you like. You can delete your account and its cloud data in the app under Settings, Account, Delete account. Deleting the app removes data stored on your device but does not by itself delete an account or cloud data.

We may end your access after a serious or repeated breach of these terms, or if the service is withdrawn. Where we do, we tell you and, unless the law prevents it, give you a chance to retrieve your saved places first.

If part of this does not hold

If a court or the law sets aside part of these terms, the rest keeps working. The part that goes is read back to the nearest version of itself that is lawful and still does what it was there to do, rather than being dropped altogether.

Not enforcing something once does not give it up. A right we leave unused today we may still use later.

We may transfer our rights and obligations to a person who takes over 45weg only where the law and this agreement permit it and the transfer does not reduce your guarantees. We will tell you before it takes effect. You may not transfer your account or these terms without our agreement, except where mandatory law permits it.

These terms and the privacy policy record the agreement about 45weg. They do not exclude a public statement or description that mandatory conformity law makes part of the contract, or any right the law gives you regardless of these terms.

Law, disputes and complaints

Dutch law applies to these terms. If you are a consumer, that choice does not take away the protection of the mandatory rules of the country where you usually live, as article 6 of the Rome I Regulation provides.

Send a complaint first to hallo@45weg.nl. We answer within 14 days, or tell you when to expect a full answer if we need longer.

If that does not settle it, proceedings may be brought before any court that has jurisdiction under applicable law. Under articles 17 to 19 of the Brussels I bis Regulation, an EU consumer may generally sue in the courts where the consumer is domiciled, and we may generally sue a consumer only there. A consumer with a cross-border complaint can also ask the European Consumer Centre in their country for help.