Infiniti InTouch Apps Services Terms and Conditions Effective as of June 24, 2013

Transcription

1 Infiniti InTuch Apps Services Terms and Cnditins Effective as f June 24, 2013 As used in this agreement ( Agreement ), the terms "yu", "yur" and Subscriber shall be deemed t refer t yurself, an individual, representing yurself f, if applicable, acting as a legal representative fr a cmpany r ther legal entity having purchased r leased an Infiniti vehicle equipped with the Infiniti InTuch Apps Services ( Vehicle ). Als, as used in this Agreement, the terms "we," "us," "ur" shall be deemed t refer t Nissan Canada Inc., a cmpany incrprated and existing under the laws f Canada with its head ffice lcated at 5290 Orbitr Drive, Mississauga, ON L4W 4Z5 ( NCI and/r Infiniti ) and its affiliates, parent cmpany, dealers, successrs and assigns, and any emplyees, directrs, fficers, subcntractrs, representatives and agents f any f the freging. Our mailing address is Nissan Canada Inc., 2 Hunter Valley Rad, Orillia, Ontari, L3V 6H2, Canada. Our Infiniti Cnsumer Supprt telephne number is Certain Infiniti InTuch Apps Services and ther infrmatin referenced in this Agreement are available nline at As described in this Agreement, yur Vehicle is equipped with an Infiniti InTuch Apps capable device that includes a smartphne cmmunicatin interface. This interface can be used, amng ther things, t prvide a wide range f services and infrmatin aiming at serving yu and any ther driver r passenger f yur Vehicle and t facilitate cllectin f certain data t prvide the Services (the InTuch Apps Services ). Infiniti InTuch Apps Services prvides the capability fr yu t access certain select smartphne applicatins ( apps ) via integratin with the Vehicle s system. Using the Subscribers smartphne fr authenticatin and cmmunicatin the user can interact with the smartphne apps via the native vehicle systems. There are tw InTuch Apps Service packages available: basic and premium. The basic apps package is cmplimentary fr fur years frm the new vehicle in-service date; after this fur-year cmplimentary perid, the basic apps package is available fr purchase at ne-year term increments. The premium apps package ffers additinal apps cntent and will be available at a future date. Upn availability f the premium apps package, the Subscriber will be able t purchase the premium apps package in ne-year increments frm the date f purchase. The premium apps package requires a subscriptin t the basic apps package. This Agreement describes the relatinship between yu and us regarding the use f the InTuch Apps Services. We wrk with many different cmpanies t prvide yu with the InTuch Apps Services. In this Agreement, Service Prvider means any persn, cmpany, r legal entity wh prvides any service, equipment, r facilities in cnnectin with InTuch Apps Services, including, but nt limited t, wireless service prviders, suppliers, licensrs, distributrs and dealers. PLEASE READ ALL PAGES OF THIS AGREEMENT COMPLETELY BEFORE USING ANY INFINITI INTOUCH APPS SERVICE AND KEEP A COPY FOR YOUR FILES. READ AND KEEP A COPY OF ANY ADDITIONAL INFINITI INTOUCH APPS SERVICES DOCUMENTS GIVEN OR SENT TO YOU. ANY INFINITI INTOUCH APPS SERVICES DOCUMENTS THAT SAY THEY BECOME PART OF YOUR INFINITI INTOUCH APPS SERVICES AGREEMENT ARE PART OF THIS AGREEMENT IF YOU ACCEPT ANY OF THE SERVICES THEY DESCRIBE. 1. INTOUCH APPS SERVICES SUBSCRIPTION PROCESS 1.1. Yur Cnsent. By entering int this Agreement and/r using the InTuch Apps Service, yu agree t the practices and prcedures described in this Agreement Use f this Applicatin by Children. We d nt intend t cllect infrmatin frm children wh are under the legal age f majrity in the prvince/territry where they live. If yu are under the legal age f majrity in the prvince/territry where yu live yu shuld nt enter int this Agreement and/r use the InTuch Apps Service and shuld ask yur parent t d s fr yu Activatin f the InTuch Apps Services and yur cnsent. Yu can nly get and use the InTuch Apps Services by accepting this Agreement, either by executing this Agreement prir t r at the delivery f the Vehicle at the dealership r by accepting its terms n-line n the Infiniti InTuch website ( Website ) r n yur smartphne, afterwards by clicking I agree during the service subscriptin prcess. By executing this Agreement, yu acknwledge that yu have read, accepted and agreed t be bund by the terms and cnditins f this Agreement (and in particular that yu cnsent t the cllectin and prcessing f yur persnal data by us in accrdance with the prvisins f this Agreement). Yu further agree that yu will infrm all drivers and passengers f the Vehicle wh wish t use the InTuch Apps Services f this Agreement and its terms. It is yur respnsibility t infrm all drivers and passengers f the Vehicle wh wish t usee the InTuch Apps Services f terms and cnditins f this Agreement including the data privacy aspects. We are nt respnsible fr any privacy related r ther damages yu r thers may suffer if yu fail t ntify such persns f this Agreement and its terms.

2 Yu understand and agree that the subscriptin t the InTuch Apps Services is attached t yur Vehicle and yu cannt transfer the InTuch Apps Services t anther vehicle. Shuld yu chse nt t subscribe t the InTuch Apps Services, yu will nt be able t benefit frm the InTuch Apps Services. 1.4 Mdificatin f the Agreement. We may mdify this Agreement at any time and frm time t time in ur sle discretin. In particular, we may mdify, in whle r in part, the fllwing elements f these terms and cnditins: Sectin 1: InTuch Apps Services Subscriptin Prcess Sectin 2: The Fees, Payment, Billing and Taxes Plicy Sectin 3: Persnal Data, Data Prtectin Sectin 4: Special Infrmatin Abut Service And System Limitatins Sectin 5: Yur Respnsibilities Sectin 6: Special Ntices Sectin 7: Warranties &Liability Sectin 8: Special Infrmatin And Agreements Abut Certain Services In the event this Agreement, r any aspect f the InTuch Apps Services is restricted, suspended r changed, we will prvide yu ntice at least 30 days befre the amendment cmes int effect, by psting the amended terms and cnditins n and by sending yu written ntice using any cntact infrmatin we may have abut yu, and setting ut the new clause, r the amended clause and hw it read frmerly, and the date n which the change will cme int effect. Yu may refuse the amendment and rescind r terminate this Agreement, and yur use f the InTuch Apps Services, withut cst, penalty r cancellatin indemnity, by sending us ntice t that effect n later than 30 days after the amendment cmes int frce, at the address r address indicated in the ntice. Yur cntinued use f the InTuch Apps Services fllwing such perid shall cnstitute yur acceptance f such revised terms f the Agreement. Yu can access the terms f the Agreement in frce at any time nline at We advise yu t peridically review the terms f the Agreement in frce carefully. 1.5 Updating r Changing Subscriber Accunt Infrmatin. Yu must ntify us prmptly if any f the infrmatin yu prvided t us in relatin t this Agreement changes. Yu can review, mdify, crrect, r update yur infrmatin yu prvided t us n the Website at any time by updating this infrmatin directly n the Website r cntacting Infiniti Cnsumer Supprt. We are nt respnsible fr any lsses yu may suffer because yu haven t given us current, accurate infrmatin InTuch Apps Services /Duratin and Terminatin 1.6.a. Duratin. Yur InTuch Apps Services start as sn as yu have accepted the terms f this Agreement by accepting its terms as set ut abve, and cmpleting the enrlment and activatin prcess. Unless earlier terminated in cmpliance with this Agreement, yur InTuch Apps Services basic apps package will remain in frce fr the remaining term f the fur-year perid ( Initial Service Perid ) based n the new vehicle in-service date. The Initial Service Perid fr the basic apps package is delivered free f charge. Upn availability, the InTuch Apps Service premium apps package will be available fr purchase fr ne year ( Initial Services Perid ) beginning with the premium apps package purchase date. If yu are the secnd r subsequent wner f the Vehicle, then the InTuch Apps Services basic apps package is available until the end f the cmplimentary (basic apps package) Initial Service Perid. Thirty (30) days befre the expiratin f the Initial Service Perid (fur years fr the basic apps package cmplimentary perid, and ne year fr the premium apps package), yu will be ntified by and yu will be given the pprtunity t renew yur subscriptin n-line via the Website under the terms and cnditins then in frce. If yu decide t renew yur subscriptin, r if yu are nt the first wner f the Vehicle and yu are activating the InTuch Apps Services fr the first time, yu will be asked t submit an n-line frm f payment and pay the subscriptin fee at the rate then in frce ( Subscriptin Fee ). Yu will als be given the pprtunity t chse an autmatic renewal at the time f yur first renewal. ONCE YOU HAVE VALIDATED THE RENEWAL OF YOUR SUBSCRIPTION FOR A ONE-YEAR PERIOD, AND IF YOU

3 CHOOSE THE AUTOMATIC RENEWAL OPTION, YOUR INTOUCH APPS SERVICES WILL AUTOMATICALLY RENEW, AS OF THE EXPIRATION DATE OF EACH RENEWAL, FOR SUCCESSIVE ONE-YEAR RENEWAL PERIODS ("Renewal Service Perids") UNLESS AND UNTIL YOU OPT OUT OF THE AUTOMATIC RENEWAL OR THE INTOUCH APPS SERVICES ARE TERMINATED BY YOU OR US AS ALLOWED IN THIS AGREEMENT. If yu have nt activated autmatic renewals, each time yur Agreement is set t expire, thirty (30) days befre the expiratin f each Initial Service Perid r a renewal service perid, yu will be ntified by and yu will be given the pprtunity t renew yur subscriptin n-line via the Website. In additin, every time yu decide t renew the InTuch Apps Services packages, yur payment accunt will be autmatically charged in cnsideratin f the InTuch Apps Services packages during the renewal perid. By nt renewing the InTuch Apps Services, yur subscriptin will be autmatically cancelled at the expiratin day. Upn availability, the premium apps package will require a subscriptin t the basic apps package; therefre if the basic apps package fur-year cmplimentary perid is ver r within thirty (30) days f being ver, then subscribers must pay fr bth packages in rder t receive the premium apps package. 1.6.b. Yur Terminatin Rights. Yu can terminate yur InTuch Apps Services nline via the Website, r via yur smartphne, r at any time by cntacting us. If yu terminate the InTuch Apps Services befre the end f the Initial Service Perid r Renewal Service Perid as the case may be, yu will nt be reimbursed, and in case yu chse t re-activate the InTuch Apps Services later, yu will be charged the full price, if applicable, crrespnding t a full Renewal Service Perid. 1.6.c. Our Terminatin and Suspensin Rights. We may terminate yur InTuch Apps Services at any time and withut cause, in which case we will use ur best effrts t give yu 30 days prir ntice t the effective date f terminatin after which yur InTuch Apps Services will end. This means that we can decide t cease prviding the InTuch Apps Services t yu at any time and fr any reasn, even fr reasns unrelated t yu r yur accunt with us. In case we decide t terminate the InTuch Apps Services in the event f terminatin f any agreement between us and any Service Prvider n which we depend upn t prvide yu the InTuch Apps Services, we will use ur best effrt t give yu the 30-day ntice mentined abve. Als, we may terminate yur InTuch Apps Services withut prir ntice t yu fr any gd cause. This means, fr example, we can terminate yur InTuch Apps Services immediately if yu breach any part f this Agreement, if yu interfere with ur effrts t prvide the InTuch Apps Services, if yu interfere with ur business, r if yur InTuch Apps Services are used fr illegal r imprper purpses. Yu dn't have any right t have InTuch Apps Services reactivated, even if yu cure any f these prblems. We can als suspend yur InTuch Apps Services fr netwrk r system maintenance r imprvement, r if there's netwrk cngestin, r if we suspect yur InTuch Apps Services are being used fr any purpse that wuld allw us t terminate it. In such events, we will nt reimburse any amunts yu have paid in advance fr the InTuch Apps Services. 1.6.d. What if yu sell yur Vehicle r purchase a used Vehicle? Ntificatin t us If yu sell yur Vehicle r terminate r assign yur lease r if yur Vehicle has been declared a ttal lss r deemed t be written ff r sld fr salvage purpses due t theft r accident while yu wn r lease it prir t the expiratin f the Initial Service Perid, we ask yu t ntify us by cntacting Infiniti Cnsumer Supprt r by remving the Vehicle frm yur accunt n the Website. If yu sell r transfer yur Vehicle r terminate r assign yur lease and fail t ntify us, we will have n way f knwing that the Vehicle is sld and/r the lease is either terminated r assigned and may cntinue t cllect data in the belief that it is data cncerning yu. In additin, yu will remain respnsible fr any liability incurred under this Agreement based n the use r misuse f the InTuch Apps Services. We are nt respnsible fr any privacy-related damages yu may suffer if yu fail t ntify us f the terminatin r assignment f the lease f yur Vehicle r the sale f yur Vehicle. Whether r nt yu ntify us f the terminatin r assignment f yur lease r the sale f yur Vehicle, yu agree that yu shall nt, nr attempt t, access r use the InTuch Apps Services r any f the data relating t yur Vehicle fllwing the sale r transfer f yur Vehicle r the terminatin r assignment f yur lease. Yu understand and agree that in case yu d nt ntify us, and in case the subsequent wner r lessee f the Vehicle subscribes t the InTuch Apps Services related t the Vehicle, the new wner s/lessee s prfile will verwrite yur prfile and yur InTuch Apps Services subscriptin will autmatically end. If yu sell yur Vehicle r terminate r assign yur lease, yur subscriptin under this Agreement, the remaining balance f the basic apps package Initial Services Perid (if any) will be autmatically transferred t the new wner as lng as the new wner cnfirms the change in wnership by calling Infiniti Cnsumer Supprt r by registering the Vehicle n the Website.

4 Terminatin f yur InTuch Apps Services If yu sell yur Vehicle r terminate r assign yur lease, yu may terminate this Agreement and yur InTuch Apps Services befre remving yur Vehicle frm yur accunt n the Website. If yu d nt terminate the Agreement, and if the subsequent wner/lessee f the Vehicle registers as a secndary user and nt a new wner, he r she may benefit frm the InTuch Apps Services fr free during the rest f the Initial Services Perid r Renewal Service Perid as the case may be. 2. FEES, PAYMENT, BILLING AND TAXES POLICY The InTuch Apps Services basic apps package are free f charge during the Initial Service Perid: whatever the date f yur subscriptin, the InTuch Apps Services will be prvided t yur Vehicle free f charge fr fur (4) years frm the new vehicle in-service date. Upn availability, the InTuch Apps Services premium apps package will be available fr purchase, fr ne year, with ne-year term renewals available If yu chse nt t renew yur subscriptin t the InTuch Apps Services prir t the end f the Initial Service Perids (fur years fr basic apps package and ne year fr premium apps package), yur InTuch Apps Services will autmatically end at the end f the Initial Service Perid. Upn availability, the premium apps package will require a subscriptin t the basic apps package; therefre if the basic apps package fur-year cmplimentary perid is ver r within 30 days f being ver, then subscribers must pay fr bth packages in rder t receive the premium apps package. If yu chse t renew yur subscriptin accrding t the prcess described abve, yu agree t be charged at the then current yearly subscriptin fee ( Subscriptin Fee ) in cnsideratin f the prvisin f the InTuch Apps Services t yur Vehicle during the Renewal Service Perid. At the time f the first renewal, yu will have the pprtunity t set an autmatic renewal mechanism fr the next Renewal Service Perid. In such case, yu understand and agree that at the end f the Renewal Service Perid, yur subscriptin t the InTuch Services will be autmatically renewed until yu terminate the autmatic subscriptin mechanism r terminate the subscriptin itself as described in sectin 1.6. f this Agreement. If yu are nt the first wner f the Vehicle and if the Infiniti InTuch Apps Services had nt been activated by the frmer wner, r if the first wner terminated his/her subscriptin agreement, yu will have t enter this Agreement and pay the Subscriptin Fee at the rate then in frce t benefit frm the InTuch Apps Services, unless there is a remaining balance f the basic apps package Initial Services Perid. If yu d nt wn r use yur Vehicle during a given Renewal Service Perid, we will nt reimburse any part f yur Subscriptin Fee. If yu sell yur vehicle r terminate r assign the lease f yur Vehicle in the curse f a given Initial Service Perid r Renewal Service Perid, and yu d nt terminate this Agreement and yur subscriptin, yu understand and agree that the subsequent wner can register fr the Infiniti InTuch Apps Services as a secndary user and nt an Owner and benefit frm the InTuch Apps Services free f charge until the end f the said Initial Service Perid r Renewal Service Perid. If yu purchase r lease a previusly wned r leased Vehicle and the frmer wner s r lessee s subscriptin is still active and within any valid Initial r Renewal Service Perid, yu shuld register as the new Owner. If yu desire t use the InTuch Apps Services yu shuld subscribe and activate the InTuch Apps Services nline via the Website r yur smartphne, during the Initial Service Perid r the Renewal Service Perid, as applicable. Yu understand and agree that yur access t sme services amng the InTuch Apps Services requires yur use f yur smartphne, and that such services may require the use f yur mbile cellular telephne subscriptin and data plan with yur mbile cellular telephne peratr and cnsequently generate additinal csts, depending n yur carrier and data plan as further explained in sectin 6.2 f this Agreement. NCI makes n representatins regarding the cmpatibility f yur smartphne with the InTuch Apps Services and cannt be held respnsible fr any lack f cmpatibility r lss f services as a result. Once yu have paid the Subscriptin Fee, yu cannt be reimbursed fr any reasn except as may be permitted by NCI in its sle and abslute discretin, r as may be required by applicable law. 3. PERSONAL DATA DATA PROTECTION 3.1 Use f persnal data. As explained in this Sectin 3 r as set ut in ur privacy plicy r as may be later disclsed t yu and t which yu cnsent t, we will cllect and use

5 certain data in cnnectin with yur use f the InTuch Apps Services. We will use such data t prvide and imprve the InTuch Apps Services, all fcused n serving yu and ther ccupants f yur Vehicle, and t send yu marketing and/r prmtinal infrmatin related t yur Vehicle. The data we cllect might include persnal data. By subscribing t and/r using Infiniti InTuch Apps Services, yu als cnsent t the cllectin and use f persnal data by us fr the purpses set ut in these Terms and Cnditins. We will cmply with all applicable privacy laws regarding ur use f persnal data. 3.2 Categries f infrmatin and persnal data we cllect. The infrmatin and/r persnal data we cllect depends n the Vehicle, its specificatins, the InTuch Apps Services yu subscribed t and yur use f the InTuch Apps Services. Depending n yur use f the InTuch Apps Services, we may cllect and retain an electrnic cpy r ther frm f recrd f certain infrmatin including: (i) the data yu prvide in cnnectin with yur Infiniti InTuch subscriptin (such as cntact details f the primary driver r car wner, subscriptin data and cntract infrmatin; and (ii) data related t the Vehicle, yur use f the InTuch Apps Services and data t prvide such services including: the Vehicle's identificatin number, descriptin, lcatin, real-time gelcatin, service data, Subscriber's (r Vehicle ccupants') search cntent, infrmatin abut anyne making an InTuch Apps Services call frm the Vehicle r under a Subscriber's accunt, the date, time and duratin f call and any Infiniti Cnsumer Supprt agent ntes written during a call. We further cllect billing, payment and claims management data related t the InTuch Apps Services. 3.3 Purpses f prcessing f persnal data. We use the data t prvide the InTuch Services t yu and t enable Infiniti and Infiniti's retailers t enhance their services and their cmmunicatins with their custmers. This includes, amngst thers, the prvisin f prduct infrmatin t yu, answering questins r addressing yur cmplaints, infrming yu abut terms and fferings in cnnectin with the InTuch Apps Services, including special discunts r added services r functins r enhancing and persnalizing the cmmunicatins between yu and us and the Infiniti retailers, and managing yur subscriptin t the InTuch Apps Services and yur subscriptin accunt, fr ther marketing and prmtinal purpses related t the Vehicle, r ther uses we may identify t yu and t which yu cnsent. The use f yur data may vary depending n which In Tuch Apps Services yu chse t use. This will be explained t yu when yu select yur service. We may als use data fr statistical purpses, market research and fr ther research and develpment purpses in rder t imprve the InTuch Apps Services and ur prducts in general and/r t custmize the InTuch Apps Services fr individual Subscribers r grups f Subscribers. We may als use the data in rder t detect r prevent the abuse f the InTuch Apps Services by yu r any ther ccupant f the Vehicle. Yu agree that we may recrd, mnitr r determine the lcatin f the Vehicle r ther lcatin infrmatin (depending n vehicle features): If the Subscriber r ther ccupants f the Vehicle request InTuch Apps Services that are based n the lcatin f the Vehicle; If we are required t d s in rder t cmply with applicable laws, in legal prceedings, t respnd t subpenas r curt rders, in cperatin with law enfrcement agencies; r In cnnectin with ur attempts t cmmunicate with the Vehicle purchaser r t enfrce the terms f this Agreement and any agreement relating t the lease r financing f such Vehicle. In cnnectin with evaluatin and statistical purpses, market research, marketing, prmtins, and research and develpment. Fr quality assurance purpses, we als randmly mnitr and/r recrd cnversatins after activatin between the Vehicle's ccupants and the interactive vice recgnitin systems, as well as calls t r frm Infiniti Cnsumer Supprt that ccur utside the Vehicle. BY SUBSCRIBING TO THE INFINITI INTOUCH APPS SERVICES, SUBSCRIBER CONSENTS, ON BEHALF OF HIMSELF OR HERSELF TO SUCH MONITORING AND RECORDING. THIS CONSENT IS INTENDED TO BE CONTINUOUS AND APPLY TO ALL SUCH CONVERSATIONS WITH OUR CONTACT CENTERS OVER TIME. YOU FURTHER AGREE THAT YOU WILL NOTIFY AND INFORM ALL DRIVERS AND PASSENGERS OF THE VEHICLE WHO WISH TO USE THE INTOUCH APPS SERVICES OF THIS AGREEMENT AND ITS TERMS, AND OBTAIN THEIR CONSENT TO SUCH MONITORING AND RECORDING EXCEPT AS SET OUT IN THE INFINITI PRIVACY POLICY WE DO NOT SELL, DISCLOSE, TRADE OR RENT YOUR DATA/INFORMATION EXCEPT WITH YOUR CONSENT, OR AS MAY BE PERMITTED OR REQUIRED BY THE APPLICABLE LAW. Our privacy plicy is lcated at Depending n which prgrams yu chse t use thrugh the InTuch Apps Services yu chse t use, we may disclse yur infrmatin t a third party respnsible fr prviding such prgram. 3.4 Use f data fr prmtinal purpses. We will nly cntact yu with prmtinal , mail r telephne cmmunicatins t the extent permitted by the applicable law r if yu have given yur prir cnsent. Yu may at any time withdraw yur cnsent fr the future use f data fr prmtinal purpses withut incurring any csts (ther than yur wn cmmunicatin cst) by selecting yur preferences nline at

6 by the methds specified in the cmmunicatins we prvide t yu, r as therwise prvided by applicable law. When we ask yu fr yur cnsent t use certain infrmatin yur ther chices abut hw the infrmatin may be used will be explained. If yu have withdrawn yur cnsent t receive prmtinal , mail r telephne cmmunicatin frm us, we will implement such request as sn as cmmercially reasnably pssible after we have received the request and as required by law. Even if yu d nt wish t receive prmtinal cmmunicatins/materials frm us, we may still cmmunicate with yu via telephne (including wireless and text messages), mail, and electrnic mail as necessary t prvide the InTuch Apps Services t yu and/r maintain yur subscriptin accunt. 3.5 Transfer f data utside Canada. Depending n the Vehicle specificatin, the InTuch Apps Services subscribed t by yu and the lcatin where the Vehicle is used, sme data cllected in cnnectin with the peratin and use f the InTuch Apps Services may be prcessed r transferred t a cuntry utside f Canada, including but nt limited t the United States and/r Japan. The data prtectin f any such cuntry might nt ffer the same level f data prtectin as Canada. As a result, any persnal data transferred utside f Canada may be subject t access requests frm gvernments, curts, r law enfrcement in thse ther cuntries accrding t their laws. Hwever, we will take adequate measures t ensure that the persnal data that is cllected is prcessed in accrdance with the applicable legislatin relating t data prtectin and privacy laws. Persnal data cllected and prcessed by us may als be prcessed by Service Prviders utside Canada; if this ccurs thse Service Prviders will nly prcess any such data in accrdance with ur instructins and fr the purpses described abve. Yur persnal data may be subject t disclsure under the laws f thse jurisdictins. 3.6 Security. We will maintain data security measures in rder t prtect any persnal data under ur cntrl frm lss, misuse and alteratin. Fr example, depending upn the applicatins, we emply the use f encryptin technlgies and user authenticatin systems such as passwrds and persnal identificatin numbers. All infrmatin is stred under cmmercially reasnable secure measures with access limited nly t authrized emplyees r representatives f Infiniti and Infiniti retailers wh require such infrmatin t carry ut the purpses set ut in this Agreement. We use industry standard practices t prtect the privacy f Subscriber infrmatin. Please nte that the transmissin f infrmatin via the internet and ther third party cmmunicatins netwrks might nt be cmpletely secure. Althugh we will d ur best t prtect yur persnal data, we cannt guarantee the security f the data and in particular we cannt prmise nr guarantee that yur cmmunicatins will nt be intercepted by thers. In prviding sme InTuch Apps Services t Subscribers, vice and data are transmitted between Infiniti Cnsumer Supprt and Subscriber Vehicles via the Subscriber s smartphne ver mbile cellular telephne netwrks. These netwrks are cmplex and nt necessarily secure. Therefre, the privacy and security f cnversatins r data transmitted t and frm the Vehicle cannt be guaranteed. Yu agree that we will nt be liable fr any damages fr any lss f privacy ccurring in cmmunicatin ver such netwrks. If yu d nt ntify us f a sale r transfer f yur Vehicle r the terminatin r assignment f lease f yur vehicle, we may cntinue t send certain subscriber infrmatin r ther infrmatin abut yur accunt t the address currently n file with us. In such case, we are nt respnsible fr any privacy related damages yu may suffer, and yu hereby agree t indemnify, defend and hld us harmless against any claims, liabilities and lsses brught by third parties as a result f yur failure t ntify us f a sale r transfer f yur Vehicle. 3.7 Strage perid. We will retain all persnal data nly as lng as necessary fr the fulfilment f the abve purpses r fr a perid f time necessary t cmply with applicable law, any applicable statute f limitatin, r these Terms and Cnditins. After such time the persnal data will be deleted r made annymus in accrdance with the applicable law. 3.8 Disclsure f persnal data. We share Subscriber infrmatin utside f Infiniti with thers such as Service Prviders nly t prvide: services fr us fr the purpse f delivering the InTuch Apps Services requested by the Subscriber r ther ccupants in the Subscriber's Vehicle; t facilitate cmmunicatin with the Vehicle purchaser; r fr limited marketing r prmtinal infrmatin as described in this Agreement. Fr ther purpses, we may prvide aggregate statistics abut Subscribers and related InTuch Apps Services infrmatin t third parties, but these statistics will nt include any persnal identifying infrmatin. When required, we may be cmpelled t release infrmatin t cmply with the law r binding r enfrceable rders f public authrities r curts, r t enfrce r apply the terms f these Terms and Cnditins fr InTuch Apps Services. We may als disclse persnal infrmatin in accrdance with ur privacy plicy lcated at

7 3.9 Right f access and crrectin. Yu can access, crrect, mdify, delete yur persnal data in accrdance with applicable privacy legislatin. T exercise these rights, yu can edit yur accunt n the Website r cntacting Infiniti Cnsumer Supprt. 4. SPECIAL INFORMATION ABOUT SERVICE AND SYSTEM LIMITATIONS Yur InTuch Apps Services are nly available in Canada. Yur InTuch Apps Services wrk using wireless cmmunicatin netwrks and the Glbal Psitining System ("GPS") satellite netwrk. NOT ALL INTOUCH APPS SERVICES ARE AVAILABLE EVERYWHERE, PARTICULARLY IN REMOTE OR ENCLOSED AREAS, OR ON ALL CARS, AT ALL TIMES. The area that yu are driving in may affect the service that we can prvide t yu, including but nt limited t ruting service. Additinally, services are nt available if the GPS system is nt wrking (map CD r DVD may be required). Certain prgramming limitatins f the GPS system may impair ur ability t determine yur Vehicle's precise lcatin. 5. YOUR RESPONSIBILITIES 5.1. Maintaining Yur Accunt. Yur receipt f the InTuch Apps Services is dependent upn yur activatin f the InTuch Apps Services as described abve. Yu are respnsible fr maintaining a valid frm f payment fr the InTuch Apps Services basic and premium package after the expiratin f any Initial and Renewal Service Perid. Fr any additinal infrmatin related t accunt management, please refer t the Website Passwrds/User ID. Yu prmise t be fully respnsible fr the prtectin f yur passwrd and user ID. Anyne wh has yur passwrd r user ID may be able t access the InTuch Apps Services and neither we nr any Service Prvider has any bligatin t inquire abut the authrity f anyne using yur passwrd and user ID r ther infrmatin that can be used t identify yur accunt t request services fr yur Vehicle Prper Use f the Services. Yu prmise nt t use any InTuch Apps Service fr any fraudulent, unlawful, r abusive purpse, r in any way that interferes with ur prvisin f services t ur ther custmers. Yu prmise yu will nt abuse r d anything t damage ur business peratins, services, reputatin, emplyees, facilities, r thse f the Service Prviders. If yu d any f these things, yu agree yu will be respnsible fr any amunt we claim plus any expenses, r that anyne else claims frm us, plus any expenses, resulting in whle r in part frm that use r yur actins. Yu hereby agree t indemnify, defend, and hld us harmless against any claims, liabilities and lsses brught against us by any third party as a result f yur breach f any prvisin f this Agreement. Yu cannt resell, cpy, stre, reprduce, distribute, mdify, display, publish, perfrm, transmit, bradcast, r create derivative wrks frm any cntent yu receive thrugh InTuch Apps Services and yu cannt use any cntent yu receive thrugh the InTuch Apps Services fr cmmercial purpses Safeguarding and Use f Others' Infrmatin. Certain infrmatin yu receive thrugh yur InTuch Apps Services belngs t us, the Service Prviders, and/r third parties wh prvide it thrugh us. It may be cvered by ne r mre cpyrights, trademarks, service marks, patents, r ther legal prtectins. Yu prmise nt t use any cntent yu receive thrugh InTuch Apps Services except as expressly authrized by us and ur Service Prviders Other Users r Occupants f yur Vehicle. YOU ARE SOLELY RESPONSIBLE FOR ANY USE OF INTOUCH APPS SERVICES IN YOUR VEHICLE, EVEN IF YOU ARE NOT THE ONE USING IT, AND EVEN IF YOU LATER CLAIM THE USE WAS NOT AUTHORIZED. YOU ARE ALSO SOLELY RESPONSIBLE FOR THE SERVICES REQUESTED BY YOU, OR BY ANYONE USING YOUR VEHICLE, THROUGH INTOUCH APPS SERVICES. Yu prmise t educate and infrm all users and ccupants f yur Vehicle abut the InTuch Apps Services and system features and limitatins, the terms f the Agreement, and the Infiniti privacy plicy lcated at Neither we nr any Service Prvider has any bligatin t inquire abut the authrity f anyne using yur Vehicle. If yu r a driver f yur Vehicle uses the InTuch Apps Services t cmmit a crime r fr anther imprper purpse, yu will be respnsible fr any damages wed by us as a result f such use. 6. SPECIAL NOTICES 6.1. Sftware, Hardware and Equipment Updates. The InTuch Apps Services invlve sftware (including Vehicle sftware) that we may need r want t change frm time t time. We may d this remtely withut ntifying yu first. Such changes may affect r erase data yu have stred n the InTuch Apps Services system in yur Vehicle. Unless therwise required by law, we are nt respnsible fr lst data. Yu d nt wn the InTuch Apps Services sftware r acquire any rights t use r mdify the InTuch Apps Services sftware n yur wn. Yur Vehicle's systems als invlve sftware that we may need t change frm time t time. If this sftware is wned r managed by ur Service Prviders, yu hereby agree and cnsent that we may assist them t d this remtely withut yur further cnsent.

8 6.2. Smartphne Cnnectivity and Raming. Part f InTuch Apps Services use yur smartphne data plan t establish a cnnectin with the Service Prviders. Each time yu pair r sync yur supprted smartphne with yur Vehicle yu agree that the InTuch Apps Services system may use yur data plan withut prir ntice. If yu d nt have an unlimited data plan with yur mbile cellular telephne netwrk carrier, it is yur respnsibility t cntrl the usage f thse services. Yu are slely respnsible fr cmplying with, and abiding by the agreement yu have with yur mbile cellular telephne netwrk carrier. Additinally, in case yu exit yur service area, withut any actins (fr example, by disabling raming), the InTuch Apps Services will cntinue t perate and yu may have t pay additinal raming fees depending n yur netwrk carrier Technlgy and Cmmunicatins. The InTuch Apps Services cannt wrk unless yur Vehicle is in a place where yur mbile cellular telephne netwrk carrier has cverage. The InTuch Apps Services that invlve lcatin infrmatin abut yur Vehicle cannt wrk unless GPS satellite signals are unbstructed, available in that place and cmpatible with the InTuch Apps Services hardware as well Telecmmunicatins/GPS Changes. The Infiniti InTuch Apps Services system uses digital wireless telecmmunicatins technlgy and GPS technlgy that are utside f ur cntrl. Telecmmunicatins technlgies have been knwn t change ver time, resulting in the bslescence f certain telecmmunicatins netwrks. If the telecmmunicatins technlgy r GPS technlgy used by yur InTuch Apps Services system changes in a way that results in incmpatibility f thse technlgies with yur InTuch Apps Services system, then yur system will nt wrk and we may be frced t terminate yur InTuch Apps Services. If that happens, we will ntify yu f the effective date f terminatin and describe each f ur rights and bligatins. NCI makes n representatins regarding telecmmunicatins and GPS technlgy used t prvide the InTuch Apps Services. NCI cannt be held respnsible fr any changes by thse wh prvide the technlgies, and the cmpatibility r lss f services as a result Cntent Prviders. Certain Service Prviders impse further terms and cnditins as a cnditin f prviding their services. By using InTuch Apps Services t access cntent r services frm such a Service Prvider, yu als agree t be bund by the terms and cnditins f that Service Prvider. NCI makes n representatins regarding the availability f any app r f the services r cntent yu select when using the InTuch Apps Services and cannt be held respnsible fr app availability r the app cntent r the app services prvided t yu Maps and Navigatin. The ruting data that we prvide t yu is based n the mst current map infrmatin available t us, but may be inaccurate r incmplete. Fr example, ur ruting data may nt include infrmatin abut ne-way rads, turn restrictins, cnstructin prjects, seasnal rads, deturs r new rads. It may suggest using a rad that is nw clsed fr cnstructin r a turn that is prhibited by signs at the intersectin. In additin, traffic, weather and ther events may cause rad cnditins t differ frm the results generated. Therefre, yu shuld always use gd judgment, bey traffic and radway laws and instructins and evaluate whether it is safe and legal based n current traffic, weather and ther cnditins t fllw the directins prvided by the InTuch Apps Services r yur Vehicle's navigatin system. NCI makes n representatins regarding the cmpleteness r accuracy f the map infrmatin prvided t yu ther than it is based n the mst current infrmatin available t us when yu subscribe t the InTuch Apps Services. NCI cannt be held respnsible fr any inaccuracies r incmpleteness f the map data prvided t yu Gegraphy and Envirnment. There are ther circumstances that we cannt and d nt cntrl that may prevent us frm prviding InTuch Apps Services t yu at any particular time r place, r that may impair the quality f the InTuch Apps Services. Sme examples are hills, tall buildings, tunnels, weather, damage t imprtant parts f yur Vehicle in an accident, r wireless phne netwrk cngestin Outside Our Cntrl. We are nt respnsible fr any delay r failure in perfrmance if such failure r delay culd nt have been prevented by reasnable precautins. Additinally, we are nt respnsible if such failure r delay is caused by acts f nature, r frces r causes beynd ur reasnable cntrl. Examples include public utility electrical failure, acts f war, gvernment actins, terrrism, civil disturbances, labur shrtages r difficulties (regardless f cause), r equipment failures including Internet, cmputer, telecmmunicatin r ther equipment failures Available Infrmatin. The InTuch Apps Services may be limited t certain gegraphic areas where map data and/r cntent prviders are available in thse areas, which may be less than that which is therwise generally available. 7. WARRANTIES & LIABILTY 7.1. N Warranties. Warranties are special kinds f prmises. Yur Vehicle's limited warranty r hardware maker's limited warranty (if applicable) includes the InTuch Apps Services equipment in yur Vehicle, BUT DOES NOT COVER THE INTOUCH APPS SERVICES OR THE WIRELESS SERVICE. In additin, we cannt prmise uninterrupted r prblem-free service, and cannt prmise that the data r infrmatin prvided t yu will be errr-free. ALL DATA AND INFORMATION IS PROVIDED TO YOU ON AN "AS IS" BASIS. NEITHER WE, NOR ANY THIRD PARTY BENEFICIARY, MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, ABOUT INTOUCH APPS SERVICES

9 OR ABOUT ANY DATA OR INFORMATION OR SERVICES PROVIDED THROUGH IT. THIS MEANS, AMONG OTHER THINGS, NO WARRANTIES OF CONTENT, QUALITY, ACCURACY, TIMELINESS, COMPLETENESS, CORRECTNESS, RELIABILITY, DURABILITY, MERCHANTABLE QUALITY,MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. ALL SUCH WARRANTIES ARE EXPRESSLY EXCLUDED BY THIS AGREEMENT Applicable Law. Except fr residents f Quebec, t the fullest extent permitted by law, and except as explicitly prvided therwise, this Agreement and any disputes arising ut f r relating t it will be gverned by the laws f the Prvince f Ontari and the laws f Canada that apply t Ontari. Yu and we agree that any disputes arising ut f r in cnnectin with this Agreement and/r yur use f the InTuch Apps Services shall be subject t the exclusive jurisdictin f the curts t hear such disputes in the Reginal Municipality f Peel, Prvince f Ontari, Canada. Fr residents f Quebec, this Agreement and any disputes arising ut f r relating t it will be gverned by the laws f the Prvince f Quebec and the laws f Canada that apply t Quebec. Yu and we agree that any disputes arising ut f r in cnnectin with this Agreement and/r yur use f the InTuch Apps Services shall be subject t the exclusive jurisdictin f the curts t hear such disputes in Mntreal, Canada. 8. SPECIAL INFORMATION AND AGREEMENTS ABOUT CERTAIN SERVICES 8.1 Applicatin Services Thrugh yur smartphne data plan, several n-bard applicatin services are delivered. The Infiniti InTuch unit is nt cmpatible with all smartphne technlgies/vendrs. Fr safety and regulatry reasns, sme services may be deactivated while driving, r during the term f yur subscriptin. Fr mre infrmatin abut the smartphne cmpatibility matrix, please refer t the Website at NCI makes n representatins regarding the actual cmpatibility f yur mbile phne r Smartphne with the InTuch Apps Services and cannt be held respnsible fr any lack f cmpatibility r lss f services as a result. Applicatin types: T supprt the cnnectivity, yu have t dwnlad the Infiniti InTuch Applicatin n yur Smartphne frm the Smartphne Applicatin stre. Smartphne applicatins can be als replicated n the Infiniti InTuch unit. Thrugh the Infiniti InTuch Applicatin, yu will have the pprtunity t select frm the available Applicatins yu want t display n the Infiniti InTuch device. All the Smartphne applicatins are nt cmpatible with the Infiniti InTuch unit. Applicatins will change ver time and sme ffered may nt be ffered r available in the future. NCI is nt respnsible fr availability and cntent f the applicatins that are prvided by ur Service Prviders. END f Terms and Cnditins.