BY CONTINUING USING THE APP, YOU ACKNOWLEDGE THAT (I) YOU HAVE READ AND AGREE TO THESE GENERAL TERMS ON BEHALF OF YOURSELF AND ANY OTHER OPERATORS OF YOUR CAR; (II) YOU ARE AT LEAST EIGHTEEN (18) YEARS OF AGE (OR THE APPLICABLE AGE OF MAJORITY IN YOUR JURISDICTION); (III) YOU ARE COMPETENT TO ENTER INTO BINDING AGREEMENTS; (IV) YOU ARE NOT HINDERED FROM USING THE APP OR SERVICES UNDER APPLICABLE LAW; AND (V) YOU AGREE TO USE THE APP IN ACCORDANCE WITH WHAT IS SET OUT HEREIN.
THESE GENERAL TERMS SHALL ENTER INTO FORCE UPON YOUR ACCEPTANCE BY USING THE APP, AND SHALL REMAIN IN FORCE UNTIL TERMINATED BY YOU OR BY US IN ACCORDANCE WITH THESE GENERAL TERMS.
1.1 The App has been developed by us and can be used by you in order to provide you with information about the trips and journeys you make with your car. Via the App, we will collect and review information connected to trips and journeys made with your car, including various types of data in order to inter alia track the journeys you make with your car and present trip data in the App, including vehicle position data, information such as distances and time driven, journey start and end positions and timings, average speed and trip meter details, trip categories (business, private or commute), road tolls and congestions charge costs, management of geofences and geofence related events, actual range/day, charging time, energy consumption, insights regarding when and where the car is used etc.
1.2 The App can only be used in the dashboard of Polestar cars, and is not available for use in other devices. The services, including the vehicle position tracking, that are made available through the App are provided by Polestar and/or third parties engaged by Polestar (the “Services”).
1.3 We always act in accordance with our code of conduct. Our code of conduct is available at https://legal.polestar.cn/us/ethics/.
2. FEES AND PAYMENT
For the time being, we will provide the App and the Services free of charge.
3. YOUR USE OF THE APP AND THE SERVICES
3.1 By accepting these General Terms by using the App, we hereby grant you a royalty-free, non-exclusive, non-transferable, non-sublicensable, personal, limited, revocable right to download, install and use the App and the Services for your personal, non-commercial use, during the term of these General Terms and on the terms and conditions set out herein. We reserve the right to revoke this right at any time, in our sole discretion.
3.2 You agree not to use the App and/or any Service
(a) in any unlawful manner, for any unlawful or criminal purpose, in any manner inconsistent with these General Terms, or in any manner that creates damage or inconvenience to any third party;
(b) in a way that conflicts with applicable laws or regulations, including but not limited to laws on intellectual property rights or traffic regulations;
(c) in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users, or restrict or inhibit any other users from using the App and/or the Services (including by hacking or defacing the App); or
(d) in a way resulting in the App and/or any Service being damaged, disabled, or in any other way impaired or that results in any viruses, worms, malware, spyware, Trojan horses or other malicious code or programs that may damage the operation being introduced in the App and/or any Service.
3.3 In addition to any other user restrictions as provided for under these General Terms and except as expressly permitted under these General Terms, you shall not:
(a) copy, reproduce, republish, reuse, upload, post, transmit or distribute any content presented in or provided by the App and/or any Service, including without limitation for public or commercial purposes;
(b) rent, lease, sub-license, loan, distribute or sell/re-sell or exploit the App and/or any Service (including source code); or
(c) (i) make alterations to, or modifications of the whole or any part of the App, or (ii) disassemble, decompile, decode, reverse-engineer or create derivative works based on the whole or any part of the App and/or any Service.
4. INTELLECTUAL PROPERTY RIGHTS
We, or such third party that has been engaged by us, reserve and shall retain ownership of any and all rights in and to the App, the Services, and any trademarks, logos, copyrights, patents, and other intellectual property rights used in connection with the App and the Services, unless otherwise explicitly set forth in these General Terms. Consequently, nothing in these General Terms shall be construed as a transfer or grant of any intellectual property rights (i) in and to the App and/or any Service or (ii) otherwise held or controlled by us, our affiliates or third parties engaged by us, except in respect of the limited right to use such intellectual property rights as explicitly set out herein.
5. USER DATA
5.1 You acknowledge that the key function of the App and the Services is to continuously track the trips and journeys you make with your car. Hence, in order to be able to fully use the App and the Services, you will need to make information and data available to us (the “User Data”). The User Data will consist of such data that is necessary to perform the Services, such as your Vehicle Identification Number (VIN), vehicle position data and data related to the journeys made such as time, speed, distance, energy consumption, geofences and type of journey.
5.2 We do not claim any right of ownership in any User Data, and nothing in these General Terms restrict any rights that you may have to use such User Data. However, by downloading, installing, using, or otherwise providing or making User Data available to us through the App or the Services, you hereby grant us a non-exclusive, transferable, perpetual, sub-licensable, worldwide, royalty-free license to use, copy, modify, and distribute such User Data for the purposes defined by us from time to time, including for (i) the purposes of operating and providing the App and/or any Service, (ii) our business development purposes and (iii) statistical purposes.
5.3 We may also transfer the User Data you have made available to us to third parties in order to fulfill the purposes described in Section 5.2.
5.4 To the extent the User Data includes personal data or personal information, the processing of such data is subject to our Privacy Notice.
6. DISCLAIMER AND WARRANTIES
6.1 YOU HEREBY EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE APP AND/OR ANY SERVICE ARE PROVIDED ON AN “AS IS” AND “WHERE AVAILABLE” BASIS AND WITHOUT WARRANTIES OF ANY KIND. WE HEREBY DISCLAIM ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF SATISFACTORY QUALITY, ACCESSIBILITY OR FITNESS FOR A PARTICULAR PURPOSE, INTEGRATION AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. WITHOUT LIMITATION TO THE FOREGOING, WE PROVIDE NO WARRANTY OR UNDERTAKING, AND MAKE NO REPRESENTATION OF ANY KIND THAT THE APP OR SERVICES WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.
6.2 Polestar will strive to ensure that the App and/or any Service will be available, accessible and reliable and that the App and/or any Service will provide for sufficient protection of your security and integrity. HOWEVER, WE SHALL NOT BE HELD LIABLE IF THE APP AND/OR ANY SERVICE SHOULD BE UNAVAILABLE, INACCESSIBLE OR INTERRUPTED, AND YOU WILL NOT BE ENTITLED TO ANY KIND OF COMPENSATION FOR ANY DOWNTIME OF THE APP AND/OR ANY SERVICE OR ANY SECURITY OR INTEGRITY VIOLATIONS OR BREACHES THAT MAY OCCUR FROM TIME TO TIME ON THE APP AND/OR ANY SERVICE. In addition, we reserve the right to, at any time, modify, update, upgrade and/or shut down, temporarily or permanently, the App or the Services (or any part thereof). You acknowledge and agree that we may suspend your access to the App and the Services if we, in our sole discretion, need to make such updates.
6.3 YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE APP AND SERVICES IS AT YOUR SOLE RISK, AND POLESTAR’S WILLINGNESS TO MAKE THE APP AND SERVICES AVAILABLE UNDER THE TERMS HEREIN IS EXPRESSLY CONTINGENT ON THE LIMITATIONS AND DISCLAIMERS CONTAINED HEREIN. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, SPECIAL OR INCIDENTAL DAMAGES (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF DATA, PERSONAL INJURY, INFORMATION OR BUSINESS INTERRUPTION) RESULTING FROM, ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR INABILITY TO USE, THE APP AND/OR ANY SERVICE OR OUT OF OR IN CONNECTION WITH THESE GENERAL TERMS. IN ADDITION TO THE TERMS SET FORTH HEREIN, IN NO EVENT SHALL WE BE LIABLE FOR ANY ERRORS, INACCURACIES, OMISSIONS OR OTHER DEFECTS ON THE APP AND/OR ANY SERVICE. THE FOREGOING LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AND SHALL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
7.1 You shall at any time be entitled to discontinue these General Terms, in which case these General Terms will no longer apply.
7.2 We may terminate these General Terms with immediate effect and at any time without prior notice, without incurring any liability whatsoever.
7.3 Upon termination, you will not have access to or be entitled to use the App or the Services.
8. GOVERNING LAW AND DISPUTE RESOLUTION
8.1 These General Terms shall be governed by the laws of Sweden, without application of its principles on conflict of laws. Notwithstanding the aforesaid, any mandatory provisions in the laws of your country of residence that would have applied if these General Terms were governed by such laws shall still apply.
8.2 Any dispute, controversy or claim arising out of or in connection with these General Terms, or the breach, termination or invalidity thereof, are subject to the exclusive jurisdiction of the courts in Sweden. Notwithstanding the aforesaid, you may also have the right under applicable laws to bring proceedings against Polestar in the courts of your country of residence.
9.1 If any provision of these General Terms is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of these General Terms will continue in full force and effect.
9.2 These General Terms, including the policies and other documents referenced herein, constitute the entire agreement between you and Polestar with respect to the App and Services and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect to the App and Services.
9.3 No failure to exercise, and no delay in exercising, on the part of you or Polestar, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. In the event of a conflict between these General Terms and any applicable purchase or other terms, the terms of these General Terms shall govern.
If you have any questions or concerns regarding the App or the Services, you may contact us by using the below contact information:
Polestar Performance AB, reg. no. 556653-3096
Address: Assar Gabrielssons väg 9, 405 31 GÖTEBORG
From abroad: +80070708822