General Terms and Conditions for using Mercedes me connect Services

Transcription

1 Version A.17B General Terms and Conditions for using Mercedes me connect Services 1. Scoe of Alication The general terms and conditions for using Mercedes me connect services ( GTC ) as set forth below, the secial terms and conditions for using the Mercedes me connect services ( STC ) and the [Mercedes me connect overview of services ( Overview of Services )], as issued by Mercedes-Benz (China) Ltd. ( MBCL ), Beijing Benz Automotive Co., Ltd. ( BBAC ) and/or their affiliates (collectively Daimler or We ), aly to the Mercedes me connect services ( Services ) and to the use of the Services by the customers ( Customer or You ). The resective STC and the Overview of Services form an integral art of the GTC (collectively Terms and Conditions ). In the event of any conflict between a STC or the Overview of Services and the GTC, the rovisions in the STC or the Overview of Services will take recedence. Definitions in the GTC shall also aly to the STC. 2. Definitions 2.1 Customer is the erson who has successfully and duly acceted this Terms and Conditions. 2.2 Comany Car Driver is a erson who is entitled to use the Vehicle for business and ossibly rivate uroses over longer eriods, and is therefore not a short-term hirer or user of car share or car ool vehicles. 2.3 Connect means, with resect to a Vehicle, such Vehicle is aired with a Customer s User Account. 2.4 Disconnect means, with resect to a Vehicle, such Vehicle is removed from a Customer s User Account. 2.5 Lessee is a erson who is entitled to use a vehicle over longer eriods on the basis of a leasing agreement. 2.6 Customer Portal means the Mercedes me ortal (MMP). 2.7 Service Partners means third arty service roviders as designated by Daimler for the urose of roviding the Services, including for examle and without limitation, telecommunications roviders, wireless service roviders, ublic safety oerators, emergency ersonnel, towing comanies, vehicle manufacturers, distributors and dealers, equiment and software manufacturers, distributors, licensors, content roviders, and any other erson or entity who rovides any service, equiment, content, feature or facilities in connection with the Services. These arties are collectively referred to in these Terms and Conditions as our Service Partners. In some cases, one or more of the comanies within Daimler Grou may be a Service Partner. In the event any of our Service Partners imoses additional terms and conditions on the services they rovide, by accessing such services you agree to comly with any additional terms and conditions imosed by them. 2.8 Vehicle means a Mercedes-Benz branded vehicle or any vehicle with a brand owned or designated by Daimler which is equied with HERMES. 2.9 HERMES means the telematics control Hardware for Enhanced Remote, Mobility and Emergency Services related to the Services as designated by MBCL and/or its affiliates. 3. Rights to Use Services, Effectiveness of the Terms and Conditions, 3.1 A recondition for using the Services is that the Customer must, before or after acceting this Terms and Conditions, successfully comlete real name registration with our Service Partners as required by alicable laws, and the failure to comlete such real name registration may result in the unavailability of all Services to the Customer, including any emergency services. Please consult the relevant dealershi for such real name registration. 3.2 A second recondition for using the Services is that the Customer has registered with Daimler in the Customer Portal and must have must have a username and assword ( User Account ) in order to log into the Customer Portal and to use and manage the Services online. For the avoidance of doubt, when registering with us for a User Account, the Customer may be required to submit certain information to us, which may include the Customer s ersonal information. The Customer hereby reresents that any and all of the information submitted by the Customer and the submission activity by the Customer are in comliance with alicable laws, and no information submitted by the Customer contains state secret or other information being of similar nature. In order to use the Services, Customer must always accet the GTC while Customer may choose to accet one or more STCs in order to use any secific Services that are covered by the STCs. The resective Terms and Conditions take effect as between the Customer and Daimler when the Customer registers with Daimler in its Customer Portal and accets such Terms and Conditions but no later than as of the date on which the Customer is able to use the resective Services for the first time. Daimler may decide to offer these Terms and Conditions in English and Chinese. In cases of doubt with regard to the interretation of these Terms and Conditions, the Chinese version of these Terms and Conditions shall revail. 3.3 When the resective Terms and Conditions enter into effect and subject to such Terms and Conditions, the Customer will be entitled to use certain Services covered by the acceted STCs. The Customer can obtain more information hereto on the Customer Portal. 3.4 The Customer s right to use the Services is deendent on the Customer having agreed to this Terms and Conditions. In all instances the Customer must agree to the GTC to receive any Service and the STC to receive any Service covered by the corresonding STC. The Customer will have agreed to this Terms and Conditions by any of the following after buying or leasing a new (or used) Vehicle that includes the Services: (i) electronically acceting the Terms and Conditions on the Customer Portal or via other channels (if any), or (ii) actual use of the Services by the Customer or anyone who uses or occuies the Customer s Vehicle. 4. Scoe of Service 4.1 The Services are intended to be rovided to the Customer in the Peole s Reublic of China (for the urose of this Terms and Conditions, excluding the Secial Administrative Region of Hong Kong, the Secial Administrative Region of Macau, and Taiwan, hereinafter the Territory ). 4.2 Subject to section 4.10, the Services are generally available geograhically in the Territory. 1/10

2 4.3 A Customer is free to connect his/her Vehicle to the Services and may also disconnect his/her Vehicle from the Services at any time. Sections 5.2 and 5.3 aly to the Connection and Disconnection of the Customer s Vehicle. 4.4 Daimler makes available to the Customer for the Services the Customer Portal on which the Customer may manage his Services online via his/her User Account. 4.5 The Customer may oerate and use the Services via the use gateways described in the sections below (collectively Use Gateways ). The scoe of Services available via the relevant Use Gateway is set forth in the relevant STC and the Overview of Services. A recondition for using the Services via the relevant Use Gateway is a User Account, unless the Terms and Conditions rovide otherwise. The Customer will also have the oortunity to oerate and use certain Services via the Customer Portal. Some Services can be oerated and used only via the Customer Portal. Additionally, art of the scoe of Services available via relevant Use Gateway and/or the Customer Portal is described under Section 4.12 of this GTC. 4.6 The Customer will have the oortunity to activate or deactivate individual Services on the Customer Portal. If a Service has been activated, the Customer can use that Service as described in the resective STC and the Overview of Services. If a Service is deactivated, then the Service will not be available to the Customer during that time. Imortant: Any obligations owed to Daimler and/or the Service Partners to ay any fees (if any) arising out of or in connection with the Services will be unaffected by a deactivation of the Services. 4.7 Daimler reserves the right to deactivate the Services for security reasons (e.g., security gas) or for other imortant reasons. 4.8 Due to the resent state of technology, the rovision and use of the Services may be subject to certain restrictions and inaccuracies beyond the control of Daimler. This alies in articular to the availability of the mobile data connection rovided by mobile hone comanies, the mobile network, the global navigation satellite system geolocation services and Internet access. Thus, the Services are geograhically limited to the transmission and recetion ranges of the transmission stations oerated by mobile hone comanies, and accordingly the Services (or a ortion thereof) may not be available in all areas and may only be available if your Vehicle is in a geograhic area covered by the Service network footrint (and within oerating range) of our wireless Service Partners, and the location of your Vehicle, articularly in remote or enclosed areas, may affect the quality or availability of the Service that we or our Service Partners can rovide to you. The unavailability of the mobile network can in some cases mean that individual Services are unavailable because the necessary data transfer cannot take lace. The Services may also be adversely imacted by atmosheric conditions and toograhical features or obstacles (e.g., bridges, tunnels, buildings). The same alies to geolocation based on global navigation satellite systems. Other negative circumstances, such as network overload, may hamer use of the Internet. Moreover, sudden caacity bottlenecks may arise from sikes in the usage of the Services, the mobile and landline networks, as well as the Internet. Disrutions may also be caused by force majeure, including strikes, lockouts, change of laws or orders by the authorities, or result from technical or other measures (e.g., reairs, maintenance, software udates, enhancements) that need to be carried out on Daimler systems or on those of ustream or downstream service roviders, content roviders or network oerators which are necessary in order to ensure that the Services are roerly rovided or imroved (including but not limited to the Service Partners). Additionally, in the event of any regulatory, governmental or other legally-comelled changes, or discontinuation or change of necessary telecommunications systems and services (e.g., if our wireless carrier terminates or restricts wireless services of the tye used by your Vehicle s Equiment), you are solely resonsible for relacing, as well as the cost of relacing, any Equiment that is necessitated as a result of such change or discontinuation. If you refuse to bear the Equiment relacement cost, the Service may be terminated. 4.9 The Services require a fully functioning ower suly within the vehicle from the vehicle battery. If the Services are used excessively and the vehicle's battery is not intermittently charged by running the engine, or connecting the battery to a ower suly (in the case of electric vehicles), then this may result in the battery becoming deleted. If the vehicle is left standing for a considerable eriod, then the Mercedes me connect communication module ( Communication Module ) in the vehicle might switch itself off, thus interruting the data connection to the Vehicle requiring a manual oeration into service next time Daimler reserves the right to make amendments and sulements to the Terms and Conditions, rovided that they are reasonable for the Customer uon taking into account the interests of Daimler. Daimler secifically reserves the right at any time to exand, reduce or otherwise change the functions or features of Services and sulement new Services and to amend and sulement the Terms and Conditions accordingly Once this Terms and Conditions enters into effect and the connection is made with the Vehicle, software udates for browsers and Communication Module will be downloaded via a mobile data network and automatically installed, without requiring a visit to an auto reair sho ( Software Udates ). The Software Udates can imrove and enhance functions of the Vehicle and the Services and may make available or facilitate new functions of the Vehicle and the Services, or modify or remove functions of the Vehicle and the Services. The Software Udates cannot be deactivated by the Customer. Deending on its tye and scoe, the Software Udates is carried out automatically without any additional consent from the Customer, or the Customer will be given the oortunity to confirm or reject any individual Software Udates. The eriod of time between the individual Software Udates can vary. There is no right to demand Software Udates. The Software Udates are subject to the availability and limitations of the mobile network, resectively, as well as the equiment in the Vehicle ( Equiment ). That means that the time it takes to download and install any software will be different from Vehicle to Vehicle and can take anywhere from a few minutes to several hours. The status will be stored in the Daimler Vehicle Backend and shown to the Customer via his Use Gateways. Under some circumstances, the Software Udates may be required for the unimeded erformance and oeration of the Services. The Customer has no right to obtain the Software Udates by another means. While the Software Udates are downloading and installing, the functionality of the Vehicle or individual comonents (e.g., the infotainment system or Communication Module) 2/10

3 could be comromised for a certain eriod of time. In the unlikely event that a fatal technical error should occur during the installation of the Software Udates, the functional limitation could ersist and a reair may be needed at an auto reair sho The Services may contain various comonents and features. Daimler may, at its discretion, decide to udate or change such comonents and features of the Services at any time and from time to time. The Services may include, but not limited to, those comonents described under each of the STC as well as certain other comonents rovided by relevant call center. Such call center will rovide the information call services, which are named as i-call services under certain other user terms or introductory materials available to you. Such call center s services may not be alicable to all models of Daimler s Vehicle. Such call center s services include service inquiry and comlaint handling of all or art of the Services, as well as the Send2Car and POI Download, Stolen Vehicle Locator and Dealer Connect as follows: (1) Send2Car and POI Download Mobile hone call scenario Where the Customer requests a destination/oint of interest ( POI ) to be sent to his/her vehicle by telehone call, a call center agent, uon verification, will assist in selecting the secific destination that best meets the Customer s needs, and then send the destination to the vehicle s navigation unit. When the Customer starts the car, the destination will show on screen, and the navigation system will calculate a route based on the vehicle s current location, and the information of revious destinations is ket under "Destination Download". If there are many cars assigned to one mobile hone number, the agent will confirm verbally with the Customer about which vehicle(s) is (are) secified to send the destination. In-car button scenario Where the Customer accesses in-car button for POI/destination sent to his/her vehicle, the Customer will be connected to a call center agent when the in-car i-call button is ressed and the call center agent will rovide the Send2Car services as described in the above section. (2) Stolen Vehicle Locator (Tracking) Stolen Vehicle Location Assistance gives the Customer a way to assist local law enforcement officials in locating and otentially recovering their stolen vehicles. After filing a olice reort on a stolen vehicle, the Customer contacts the call center with the olice reort case number and other information that are necessary for such service. The call center agent will verify the Customer s identity and case number to rotect both the Customer and the vehicle. Once the authentication rocess is comlete, the vehicle s location information is retrieved by the call center agent. The call center agent then contacts the aroriate ublic safety ersonnel with the stolen vehicle case number and rovides the vehicle s location and direction to local law enforcement officials. (3) Dealer Connect Dealer Connect service builds a connection between the Customer and a dealer with the hel of a call center agent. The dealer can be the referred dealer, a certain dealer or closest dealer. The call center agent will assist Customer to call dealer, or send dealer s address to the head unit of the vehicle. To rotect the Customer conversation rivacy, the call center agent hangs u the hone while the call has been connected to the selected dealer. In the case that the dealer is not reachable in the non-service hour, the dealer s information will be rovided to the Customer at the Customer s request and the customer will contact the dealer of his/her own during the dealer s oeration hours. For the avoidance of doubt, the above descritions regarding Send2Car and POI Download, Stolen Vehicle Locator (Tracking) and Dealer Connect are set forth hereunder for roviding you with the general information, and those requirements and rovisions set forth under Section 2 and Section 4 of the Secial Terms and Conditions for Using Mercedes me connect Concierge Service (as may be amended or udated from time to time) shall be alicable, mutatis mutandis, to such comonents of the Services. 5. Requirements of Use 5.1 The Services are available in certain models of Vehicles, which are fitted with an integrated Communication Module. Some Services require additional otional equiment in the Vehicle. Details and any other requirements of use are set forth in the resective STC and the Overview of Services. 5.2 In order to be able to use the Services for a Vehicle, the Vehicle must be connected with a User Account. Services in the Vehicle cannot be activated and used until the Vehicle is connected with a User Account. Every Vehicle must always be allocated to one Customer as main user ; additional vehicle users may be registered as Co-Users, as secified in section The Customer may disconnect Vehicles by removing the Vehicle from his User Account. The Customer shall immediately disconnect his Vehicle in the event he/she sells, transfers or otherwise disoses of his Vehicle. Without limiting other rovisions set forth hereunder, the Customer shall bear all liabilities and takes full resonsibility for any claims resulting from his/her failure to disconnect the Vehicle uon sales or any transfer of ownershi of such Vehicle. The disconnection will deactivate the Services in the relevant Vehicle for the Customer. Imortant: Any obligations owed to Daimler and/or the Service Partners to ay any fees (if any) arising out of or in connection with the Services will remain unaffected by disconnection. 5.4 The Equiment The Service is rovided only if your Vehicle is equied with comatible Equiment in good working order. Additionally, your vehicle must have a working electrical system, including adequate battery ower, in order for the Equiment and Service to oerate and function aroriately. The Service may not work if you attemt to modify the Equiment or add any equiment or software in or to your Vehicle that is not exressly authorized by us or is not comatible with the Equiment or Service. The receit of the Service may vary in different Vehicles deending on the electrical systems of the Vehicle and the version of Equiment or software in the Vehicle. For instance, you may need to adjust the volume to hear the audio ortions of the Services. We use software in connection with the Services. As between you and us, we (and/or our alicable Service Partners) own all such software and you do not acquire any rights in such software, including any right to use or modify the software (other than in the ordinary course of your receit and use of the Services). 3/10

4 We may udate the software contained in your Vehicle s systems or the Equiment from time to time. We may do this remotely without notifying you first. Your Vehicle s systems and the Equiment also may contain or utilize software that we or our Service Partners may need to udate or change from time to time. You agree that we may assist them to make such udates or changes that they request remotely without advance notice or your consent. These software udates may affect or erase data that you have reviously stored on the Equiment in your Vehicle (for examle, secific route or destination information). We and the Service Partners assume no resonsibility for lost or erased (or otherwise affected) data, and you are solely resonsible for the data that you may have downloaded, uloaded, transmitted or otherwise stored from, to, on or through the Equiment or Service. 6. Fees and Costs 6.1 Subject to the terms and conditions of this Terms and Conditions and unless and until otherwise noticed by Daimler, no fees are charged for concluding this Terms and Conditions. Daimler may decide, in its sole discretion, whether or not to charge any fees or costs for the Services, and Daimler may further change or udate such fees or costs at any time or from time to time, in its sole discretion. 6.2 Daimler may decide that the costs for certain volume of mobile data occurring during the rocess of roviding the Services would be borne by Daimler, and Daimler may adjust or cancel such volume at any time and from time to time in its sole discretion. 6.3 Any costs for the mobile data connection that are incurred when the Customer using his comatible end-device or other media and telecommunications equiment accesses the Customer Portal or his User Account outside the Vehicle shall be borne by the Customer in accordance with the rates charged by his own service rovider. Additional Wifi data ackage urchasing means may be made available to the Customer and the Customer may urchase Wifi data ackage at his own costs. 6.4 The use of all or art of the Services may incur fees and costs. All or art of such fees and costs may be charged by or collected through the Service Partners. The amount or charging standards of such fees and costs may change from time to time. 7. Obligations of the Customer 7.1 The Customer reresents and warrants that his rofile data, secifically name, address (and address if the Customer has his own User Account), and date of birth and other information rovided to Daimler and or the Service Partners are correct. The Customer shall inform Daimler of any changes to this data without undue delay. If the data is incorrect and communication with the Customer is therefore not ossible, then Daimler reserves the right to block the Services. Imortant: Any obligations owed to Daimler and/or the Service Partners to ay any fees (if any) arising out of or in connection with the Services will be unaffected by a blocking. 7.2 The Customer shall without undue delay cause the Vehicle to be disconnected from the Services in accordance with section 5.3, if he is no longer entitled to use the Vehicle (e.g., because it is sold or he has lost his right to continue using the comany or leased car) or if this Vehicle has been destroyed. If the Customer violates his obligation to disconnect a Vehicle, then Daimler may decide to disconnect the Vehicle in accordance with section 5.3 without any rior notification and will then inform the Customer that the disconnection has taken lace. The liability of the Customer under section 7.7 shall remain unaffected. For the avoidance of doubt, the Customer shall bear any and all liabilities incurred due to his failure of disconnecting the Services from his Vehicle in a timely manner. 7.3 The Customer shall kee all access details and asswords necessary to use the Services safe, not disclose them to third arties, and revent them from being misused. The Customers shall not use the same combination of address and assword for accessing the User Account that he uses for other online services. The Customer shall imose the above obligation also on any Co-Users, as secified in section The Customer will be entitled to use the Services only if he comlies with all legal requirements and does not ursue any uroses in breach of the Terms and Conditions or alicable law. 7.5 If the Customer identifies that the Services have been used in breach of the Terms and Conditions or alicable laws or that an unauthorized third arty has carried out an inadmissible activity on the mobile network rovided for the Services, then the Customer must inform Daimler of this without undue delay via his User Account or by contacting the Mercedes connect me Service Center ( TCC ) using one of the methods described in section The software alications rovided for the use of the Services shall not be modified, edited, decomiled (including by means of reverse engineering), stored or otherwise coied by any erson not authorized by Daimler. 7.7 The Customer shall be liable to Daimler for any loss or damage arising from his violation of the obligations under the Terms and Conditions in accordance with the statutory rovisions. 7.8 The Customer agrees that the limitations on liability, the disclaimers and the indemnity as set forth under Section 10 of these Terms and Conditions will survive even after the Services available to the Customer have ended and such Services has terminated. Such limitations on liability, disclaimers and indemnity aly not only to the Customer, but also to anyone using the Customer s Vehicle, the Equiment or the Services, to anyone making a claim on the Customer s behalf, and to any claims made by the Customer s family, emloyees, customers, or others arising out of or relating to any Services Daimler or the Service Partners rovide or the Equiment. 7.9 The Customer is ersonally resonsible for saving any data on its comatible end-devices Your Resonsibilities for Those Who Use Your Vehicle Without limitation of anything set forth herein, you are solely resonsible for those who activate or use the Services in your Vehicle, including requesting Services or to change, modify or terminate your account or the Services, even if you later claim the use was not authorized. You will be resonsible for any damages or other amounts owed to us or any of our Service Partners as a result of such use. Neither we nor any Service Partner has any obligation to inquire about the authority of anyone using your Vehicle or other information that can be used to identify your account to request the Services for your Vehicle. You are resonsible for keeing your ersonal information and any 4/10

5 asswords you use to access the Services in a safe lace and not to share it with anyone. We will make any changes to your account or charge you for any amounts authorized by a erson who rovides your authentication information that can be used to access your account The Customer agrees to use the Equiment, the Services and any other services that Daimler and/or its Service Partner offers in a way in comliance with alicable laws. The Customer agrees not to use the Equiment, the Services, any other service we may offer, in any way that is illegal, fraudulent or abusive, including to harass, threaten, abuse, defame, or slander, any individual or entity. The Customer agrees that the Customer shall use our emergency and roadside Services only for actual emergencies and legitimate roadside assistance and remote vehicle door unlock needs. The Customer may not use the Services in a manner that interferes with any other customer's use of our Services. You agree you will not abuse or do anything to damage our or any of our Service Partner s resective business, oerations, services, reutation, emloyees, equiment, roerty or facilities. You further agree that you will not harass, threaten or use vulgar and/or inaroriate language towards any customer service reresentatives. We and our Service Partners rovide the Services, including the messages, data, information, content, or other material rovided as art of the Services, for your non-commercial use only, and not for re-sale. Certain information you receive through the Services is the roerty of us or our Service Partners and it may be subject to one or more coyrights, trademarks, service marks, atents, or other legal rotections. You may not (or ermit or cause any other arty to) sell or resell or otherwise use it for commercial uroses, nor may you reroduce, coy, modify, make derivative works from or otherwise dislay or distribute it. These uses are exressly rohibited by these Terms and Conditions The Services is rovided to you as a convenience. However, the Service is not a substitute for insurance. Neither we nor our Service Partners are an insurance service rovider in the rocess of roviding the Services, nor should you consider the Services as insurance or rely on it to limit the otential for loss, theft or damage to your Vehicle or roerty. The ayments you make for the Services (if any) bear no relation to your Vehicle s value or that of any roerty you may kee in it, or the cost of any injury to or damages suffered by you. You agree that you bear sole resonsibility for obtaining and maintaining aroriate and lawful insurance covering ersonal injury, loss of roerty, and other risks covering yourself, those who oerate your Vehicle, your assengers and anyone else claiming any damages, and release us from any such resonsibility. No insurance comany or insurer will be entitled to any right of subrogation against us or our Service Partners. It is your resonsibility to maintain your Vehicle and its systems (including the Equiment) in good working order and in comliance with these Terms and Conditions and all alicable laws Excessive Usage Our ability to rovide the Services and maintain its quality may be imaired when the Customer laces illegitimate emergency, road side assistance or remote vehicle door unlock calls, lace or initiate an abnormally high numbers of calls, send or receive unusually high numbers of messages, reeatedly lace calls of unusually high frequency or long duration, or use data channel services at a rate that is extremely high relative to tyical usage by other customers for similar Services ( Excessive Usage ). Such a tyical, illegitimate or excessive usage suggests that the Service is being used in violation of these Terms and Conditions, and such excessive use may, in our sole discretion, result in termination or susension of the Services Susending, Transferring or Reactivating the Service (1) Susension of the Services We can decide to susend the Services at any time for any reason in our discretion, including for network or system maintenance, imrovement, congestion, or failure or if we susect your Services (in whole or in art) is being used for any unauthorized or inaroriate urose, or for reasons unrelated to you or your account with us. If susension or termination of the Service occurs for any reason, you acknowledge and agree that you may not be able to access any or all of the Services, including the emergency services. (2) Termination of the Services You may cancel the Services at any time by contacting one of our customer service reresentatives from TCC and notifying us that you want to terminate the Services. Unless otherwise exressly set forth in these Terms and Conditions or agreed by Daimler, we will not refund any other amounts that you have aid in advance (if any). Such fees are non-refundable, to the greatest extent ermitted by the alicable laws. Further, we may susend or terminate Services (in whole or in art) ursuant to Section 8.2 below. If we elect to terminate your Service (in whole or in art) as a result of your breach of these Terms and Conditions or unauthorized use of the Service or Equiment, you will not be entitled to any refunds or credits. (3) Transferring the Services If the Services are active in your Vehicle when you sell or transfer your Vehicle to a third arty (the Transferee ), you shall notify such Transferee of that and of this Terms and Conditions. In addition, lease follow the relevant instructions at the Customer Portal regarding the disconnection or re-connection of your User Account with your Vehicle in case you sell or transfer your Vehicle to the Transferee. The Services will not be rovided to the Transferee unless the sale or transfer and the required information of the Transferee are duly registered with us and/or our alicable Service Partners and the Transferee exressly accets this Terms and Conditions. It is your resonsibility to clear all data and content (including any Personal Information) that you may have stored on your system before you sell or transfer your Vehicle. We may communicate with you about the Services by roviding you with messages through the Equiment in your Vehicle. If you fail to notify us of a sale or transfer of your Vehicle or termination of your lease, we may continue to send messages or other information about the Vehicle or your account to the billing or address currently on file with us. We are not resonsible for any rivacy related damages you or your transferee may suffer as a result. Reactivating the Services You may feel free to reactivate one or more of the Services available to you after you have temorarily deactivated such Services. However, if you have disconnected your User Account from your Vehicle and thereafter you wish to reactivate the Services to your Vehicle, you have to go to your dealershi for handling such reactivation. 8. Term and Termination 8.1 The term of the Services is set forth on the Overview of Services. 5/10

6 8.2 We reserve the right to issue a warning and/or to susend or terminate the Services (in whole or in art), this Terms and Conditions, and/or the Customer s access to the Customer Portal, at any time and for any reason in our sole discretion, including if the Customer breaches the terms and conditions under this Terms and Conditions, or any other alicable agreement or olicy, or if we susect the Customer s Services or Equiment is being used for any unauthorized or inaroriate urose, even for reasons unrelated to the Customer or the Customer s account with us, or for any other reason in our sole discretion. 8.3 The Customer may terminate this Terms and Conditions and individual Services, resectively, at any time. The Customer may comlete such termination via his User Account.. Imortant: Any obligations owed to Daimler and/or the Service Partners to ay any fees (if any) arising out of or in connection with the Services will be unaffected by such termination. 8.4 If a Customer reviously domiciled in the Territory changes his domicile to a lace outside of the Territory, the Services will be automatically terminated without any further notice. Imortant: Any obligations owed to Daimler and/or the Service Partners to ay any fees (if any) arising out of or in connection with the Services will be unaffected by such change of domicile. 8.5 In the event this Terms and Conditions or individual Services are terminated, the relevant Services will be deactivated in the imacted Vehicle. 9. Other Users and Co-User Authorization 9.1 In order to enable other ersons to access Services, the Customer can authorize these other ersons as co-users ( Co-Users ) on his User Account. To use the Services as Co-Users, these other ersons must also hold a User Account and confirm online their activation by the Customer. 9.2 Co-Users can view, oerate and use certain Services in exactly the same way as the Customer via their Use Gateways (e.g., they can inquire as to the Vehicle's status). However, only the Customer is able to obtain Services, terminate the Services, activate and deactivate the Services and Connect and Disconnect the Services. Details and secific rovisions regarding the rights of Co-Users may be found in the resective STC. The scoe of the Services can vary for the Co-User deending on which Use Gateway is used to access them. Details can be found in the resective STC and the Overview of Services. 9.3 The Customer can revoke the authorization of a Co-User at any time via his User Account. 10. Limitations on Liability, Disclaimers and Indemnity 10A Limitations on Liability 10.1 By acceting this Terms and Conditions, whether by acceting this Terms and Conditions in Daimler s system or by using the Services, the Customer is waiving imortant rights, and the Customer is roviding his/her exress consent to various actions to be taken by Daimler and/or the Service Partners IF DAIMLER OR ANY SERVICE PARTNER IS FOUND TO BE LIABLE TO THE CUSTOMER FOR ANY REASON, THE CUSTOMER AGREE THAT THE MAXIMUM, AGGREGATE LIABILITY OF DAIMLER AND/OR ANY SERVICE PARTNER TO THE CUSTOMER, AND THE CUSTOMER S EXCLUSIVE REMEDY UNDER ANY THEORY OR FOR ANY CAUSE WHATSOEVER (INCLUDING BUT NOT LIMITED TO ANY FAILURE OR DISRUPTION OF SERVICES PROVIDED UNDER THIS TERMS AND CONDITIONS, FRAUD, MISREPRESENTATION, BREACH OF CONTRACT, PERSONAL INJURY, OR PRODUCTS LIABILITY), SHALL BE LIMITED TO AN AMOUNT EQUAL TO THE PORTION OF THE SERVICE RATES CHARGED TO THE CUSTOMER FOR THE SERVICES THAT ARE THE SUBJECT OF THE CLAIM FOR THE PERIOD OF SERVICES DURING WHICH ANY RESULTING DAMAGES OCCURRED. TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW, THE CUSTOMER ACKNOWLEDGES AND AGREES THAT NEITHER DAIMLER, NOR ANY SERVICE PARTNER, WOULD HAVE AGREED TO PROVIDE THE SERVICES OR EQUIPMENT TO THE CUSTOMER WITHOUT THE CUSTOMER S AGREEMENT TO THIS LIMITATION. THE CUSTOMER FURTHER ACKNOWLEDGE AND AGREE THAT THE DAMAGE CAP SET FORTH IN THIS PARAGRAPH SHALL BE THE SOLE AND EXCLUSIVE LIABILITY OF DAIMLER AND THE SERVICE PARTNERS TO THE CUSTOMER, TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW THE CUSTOMER AGREES TO RELEASE DAIMLER AND EACH SERVICE PARTNER FROM ALL CLAIMS, LIABILITIES AND LOSSES IN CONNECTION WITH THE SERVICES AND/OR EQUIPMENT, INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR PERSONAL INJURY OR PROPERTY DAMAGE ARISING FROM THE TOTAL OR PARTIAL FAILURE OF PERFORMANCE OF THE SERVICES, EVEN IF CAUSED BY THE NEGLIGENCE OF DAIMLER OR ANY SERVICE PARTNER, OR THE MALFUNCTION OF THE EQUIPMENT USED DURING THE PROVISION OF SERVICES. TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW, THE CUSTOMER AGREES THAT THIS RELEASE EXTENDS TO ANY PARTY CLAIMING UNDER THE CUSTOMER AND THAT NO INSURANCE COMPANY WILL HAVE ANY RIGHT OF SUBROGATION. 10B Disclaimers 10.4 NEITHER DAIMLER NOR ANY SERVICE PARTNER SHALL ASSUME ANY RISK OR RESPONSIBILITY FOR THE CUSTOMER S USE OF THE SERVICES, OR ANY OF THE INFORMATION OR OTHER CONTENT PROVIDED AS PART OF THE SERVICES. THE CUSTOMER ACKNOWLEDGES AND AGREES THAT NEITHER DAIMLER NOR ANY OF THE SERVICE PARTNERS ARE LIABLE FOR DROPPED CALLS OR INTERRUPTED SERVICES, OR FOR PROBLEMS CONTRIBUTED TO OR CAUSED BY THE CUSTOMER, BY ANY THIRD PARTY, BY BUILDINGS, HILLS, TUNNELS, NETWORK CONGESTION, ATMOSPHERIC CONDITIONS, ACT OF GOD OR NATURAL DISASTER OR BY ANY CHANGES OF APPLICABLE LAWS, REGULATIONS OR RULES OR BY ANY OTHER CONDITIONS OR CIRCUMSTANCES OUT OF THE CONTROL OF DAIMLER OR ANY SERVICE PROVIDER NEITHER DAIMLER NOR ANY SERVICE PARTNER IS LIABLE (1) FOR ITS INABILITY TO CONTACT ANY SERVICE PROVIDER OR OTHER PARTY IN ANY PARTICULAR SITUATION (INCLUDING ANY EMERGENCY PERSONNEL), (2) FOR ANY ACT OR OMISSION OF ANY OTHER ENTITY FURNISHING ANY PART OF THE SERVICES OR ANY EQUIPMENT PROVIDED FOR SUCH SERVICES, (3) FOR ERRORS OR OMISSIONS OF ANY VENDORS, DEALERS OR MANUFACTURERS PARTICIPATING IN OFFER OF SERVICES, OR (4) FOR ANY DAMAGES THAT RESULT FROM OR ARISE OUT OF THE USE, INSTALLATION, REPAIR OR MAINTENANCE BY THE CUSTOMER (OR BY ANY PERSON THE CUSTOMER AUTHORIZES) OF THE EQUIPMENT OR 6/10

7 SERVICES, OR ANY PRODUCT OR SERVICE PROVIDED BY OR MANUFACTURED BY THIRD PARTIES IN NO EVENT SHALL DAIMLER OR ANY SERVICE PARTNER BE LIABLE TO THE CUSTOMER OR ANY OTHER PARTY FOR, AND THE CUSTOMER CANNOT RECOVER ANY, (A) PUNITIVE, EXEMPLARY, TREBLE, CONSEQUENTIAL, INDIRECT, OR SPECIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUE (REGARDLESS OF WHETHER DAIMLER OR ANY SERVICE PARTNER HAS BEEN NOTIFIED THAT SUCH LOSS MAY OCCUR); OR (B) ATTORNEY S FEES, TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW. THE CUSTOMER AGREE NOT TO MAKE, AND TO WAIVE TO THE FULLEST EXTENT ALLOWED BY LAW, ANY CLAIM FOR DAMAGES OTHER THAN DIRECT, COMPENSATORY DAMAGES AS LIMITED ABOVE THE CUSTOMER EXPRESSLY ACKNOWLEDGES AND AGREES THAT THE USE OF OR ANY RELIANCE UPON ANY INFORMATION OR CONTENT AVAILABLE THROUGH THE SERVICES IS SOLELY AND COMPLETELY AT THE CUSTOMER S OWN RISK AND RESPONSIBILITY. IT IS THE CUSTOMER S SOLE RESPONSIBILITY TO ENSURE THAT THE CUSTOMER (AND/OR ANY OTHER OCCUPANT OF THE CUSTOMER S VEHICLE) EXERCISE GOOD JUDGMENT AND OBEY TRAFFIC AND ALL OTHER APPLICABLE LAWS AND REGULATIONS, WHEN OPERATING THE CUSTOMER S VEHICLE, USING THE EQUIPMENT AND SERVICES, AND/OR EVALUATING WHETHER THE USE OF ANY OF THE SERVICES (OR THE ROUTING AND DIRECTION DATA THE CUSTOMER RECEIVES, TO THE EXTENT AVAILABLE) IS SAFE AND LEGAL UNDER THE CIRCUMSTANCES NEITHER WE NOR OUR SERVICE PARTNERS GUARANTEE THAT THE ROUTE AND DIRECTION DATA PROVIDED TO YOU THROUGH THE SERVICE, WHETHER OR NOT PROVIDED TO YOU BY US DIRECTLY, OR THROUGH ONE OF OUR SERVICE PARTNERS, IS ACCURATE OR COMPLETE IN ANY INSTANCE. SUCH DATA MAY NOT INCLUDE, FOR EXAMPLE, COMPLETE, RELEVANT OR ACCURATE (OR ANY) INFORMATION ABOUT ONE-WAY ROADS, TURN RESTRICTIONS, CONSTRUCTION PROJECTS, SEASONAL OR TEMPORARY ROADS OR REFLECT NEW INFORMATION ON CHANGES TO SUCH ROADS, RESTRICTIONS OR PROJECTS. ALSO, FOR EXAMPLE, IT MAY SUGGEST USING A ROAD THAT IS NOW CLOSED FOR CONSTRUCTION OR A TURN THAT IS NOW PROHIBITED BY SIGNS AT THE INTERSECTION. 10C Indemnity 10.9 The Customer agrees to indemnify and hold harmless Daimler and each of the Service Partners, and each of Daimler s, and their resective affiliates, officers, directors, agents, artners and emloyees, from and against any and all liabilities, settlements, enalties, claims, causes of action, and demands (including any costs, exenses, or attorneys' fees on account thereof) (collectively Claims ) irresective of the nature of the cause of such Claims, alleging loss, costs, exenses, damages or injuries (including without limitation Claims for libel, slander, or any roerty damage, ersonal injury or death), arising in any way, directly or indirectly, in connection with the Customer s (or any occuant of the Customer s vehicle) violation of this Terms and Conditions or the Customer s (or any occuant of the Customer s Vehicle) misuse or failure to use the Services or Equiment. 11. Data Protection and Data Security 11.1 Collection and Use of the Vehicle and Subscriber Data (1) The Customer exressly consents to the following, with resect to any information regarding the Customer or the Customer s Vehicle (or the Customer s use or receit of Equiment and/or the Services or the reair and maintenance of the Vehicle) (which may include, without limitation, diagnostic data from or about the Vehicle or the use of the Services, location data, as well as ersonally identifiable information from or about the Customer), which Daimler and/or the Service Partners obtain or derive through or in connection with the Services available to the Customer or in connection with the Equiment, the Customer s vehicle and/or the Service (collectively, the Vehicle and Subscriber Data ). Such Vehicle and Subscriber Date shall include, without limitation: (a) (b) (c) (d) (e) vehicle s descrition, location, altitude, direction of travel; vehicle s data about its oeration (e.g., diagnostic information, oil life remaining and odometer reading); service data, incidents or accidents in connection with the vehicle (the direction from which the Customer s Vehicle was hit and which air bags have deloyed); calling information of the vehicle (e.g., the date, time and duration of call; information rovided to or received from the Customer during the call; any written notes taken by the customer service reresentative during a call); and all Personal Information (as defined below) rovided by the Customer for the urose of urchasing or leasing a vehicle or subscribing for or using the Services. For the urose of this Terms and Conditions, Personal Information refers to any information associated with a Customer, which indeendently or when combined with other information, is able to identify such Customer, for examle, the name, date of birth, identification card number, or address of a Customer. Daimler shall own the ownershi of, and all rights and interests in and to the Vehicle and Subscriber Data excet for the Personal Information rovided by the Customer, the ownershi of which shall be determined in accordance with alicable laws. (2) Daimler and/or the Service Partners may collect, intercet or obtain Vehicle and Subscriber Data from and/or about the Customer and/or the Customer s Vehicle in a number of ways, including (without limitation): (i) from the information the Customer or the Customer s Vehicle dealer or manufacturer rovide to Daimler when the Customer buys or leases such Vehicle or register for Services, (ii) from the Customer s or the Customer s Vehicle s receit or use of the Services or Equiment (as alicable), (iii) from the Customer s use of the Customer Portal or any websites of the Service Partners, (iv) from the Customer directly, through communications with the Customer, (v) from Service Partners (or, in the case of the Service Partners, from Daimler); and (vi) from the Customer s Vehicle itself through the Equiment in the Vehicle and the use of the Equiment or the Services. Without limitation of the generality of the foregoing, (a) Daimler and/or the Service Partners may intercet any wire, wireless, oral or electronic 7/10

8 communications made or transmitted through the Services, at any time and for any reason, (b) Daimler and/or the Service Partners may retrieve, access and/or use any of the information (including, without limitation, location information) recorded, transmitted or otherwise obtained in connection therewith, at any time and for any reason as ermitted hereunder (excet that the Personal Information contained therein will only be used for uroses in relation to the rovision or rearation for rovision, imrovement or develoment of the Vehicles or the Services) and (c) the Customer s consent to the foregoing and exressly release Daimler and the Service Partners therefor. Daimler and the Service Partners may share between and amongst us the Customer s Vehicle and Subscriber Data that have been collected or otherwise obtained, and the Customer exressly acknowledges and consents to such sharing. The Customer s consent that to the extent ermissible by alicable law, the Vehicle and Subscriber Data may be accessed abroad by Daimler and/or the Service Partners for uroses in resolving Services difficulties or roviding, imroving or develoing the Services or related services. (3) To comly with aroriate legal rocess, including any rule, order, suboena, national security letter or other request of any government entity(including alicable stock exchanges), law enforcement entity or court, Daimler and/or any of the Service Partners may disclose to law enforcement authorities or other legal or governmental reresentatives any Vehicle and Subscriber Data, including, without limitation, the Customer s name, Vehicle location, account history, account information, or other transmission data. (4) Daimler and/or the Service Partners also may disclose to third arties any Vehicle and Subscriber Data necessary to resond to claims of violation of the rights of third arties, or to rotect any of the rights and roerty of Daimler and/or the Service Partners (as alicable). (5) Without limiting the foregoing, the Customer further exressly consents (i) to the acquisition and sharing of all Vehicle and Subscriber Data by and between Daimler and the Service Partners (and with their resective vendors and dealers) freely in accordance with the agreements entered into by such arties, (ii) to Daimler s and the Service Partners use of such data to erform and rovide the Services or for the rearation works for roviding such Service (excet that the Personal Information contained therein will only be used for uroses in relation to the rovision or rearation for rovision, imrovement or develoment of the Vehicles or the Services), (iii) to Daimler s use of such data for uroses of its internal research and imrovement and develoment of Vehicles and services, and (iv) to the use of such data for uroses of internal research and imrovement and develoment of telematics services by the Service Partners and/or Daimler. (6) Because the Services are rovided through wireless networks, the Customer s communications may be interceted by others. Daimler or the Service Partners, including, for examle, telecommunications carriers and other wireless service carriers, cannot and do not guaranty (and Daimler and the Service Partners exressly disclaim) the security and rivacy of wireless transmissions, and Daimler and the Service Providers will not be liable for any lack of security relating to the use of the Service by the Customer or the Customer s Vehicle. The Customer agrees that to the greatest extent ermitted by alicable law, the Customer will not hold Daimler or any of the Service Partners liable for any damages resulting from any loss of rivacy or security occurring in connection with any communications over such networks. (7) The Customer acknowledges and agrees that Daimler and/or the Service Partners (either by themselves, or through their vendors) may record and/or, subject to the alicable laws of the Territory, monitor telehonic conversations between the Customer and Daimler (or the Service Partners), their customer service reresentatives, emergency ersonnel, or the olice, as well as the Customer s use of any of the automated services, for various uroses, including (without limitation), in order to assess, maintain or imrove the quality of the Services, for issue resolution, training uroses, or to romote and rovide the Services. Daimler s customer service reresentatives (as well as those of the Service Partners, if alicable) may also remain on the line while conferencing in a third arty to assist in comleting a service request. The Customer (for himself/herself and the Customer s Vehicle s occuants and anyone else acting or using the Services on behalf of the Customer): (1) exressly consent to the monitoring and recording activities described herein, and (2) release Daimler and the Service Partners from claims, liabilities and losses resulting in connection with any such monitored and/or recorded conversations as described herein. (8) Daimler and the Service Partners strive to handle the Customer s information in a manner consistent with alicable rivacy laws. (9) Daimler and/or the Service Partners may communicate with the Customer by roviding the Customer with messages through the Equiment in the Customer s Vehicle or to the billing or address or other contact information for the Customer that we have on file. We and/or our Service Partners may also use your address or mobile telehone number to send you s or SMS about roducts, Services and other services, secials and online romotions, which may be related to the Services or not, to the greatest extent ermitted by the alicable laws. (10) From time to time, we may also use your address to send you information about selected third arty roducts, services or offers relating to our offerings or services that we think may be of interest to you. If you do not want to receive s about our offers or roducts or those of these selected third arties, you can also contact a customer service reresentative. Please note that even if you choose not to receive marketing s from us, you may still hear from us or the Service Partners regarding your Services, your account, your system status and any other Service-related issues and order status udates that will allow us to rovide you with the otimal user exerience. (11) We or the Service Partners may also use your name, ostal delivery information and hone number to contact you for various uroses (including marketing uroses). 8/10