General Terms and Conditions for using ... - Mercedes-Benz · The general terms and conditions for using Mercedes me ... 2.8 “Vehicle” means a Mercedes-Benz branded vehicle or

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1. Scope of Application

The general terms and conditions for using Mercedes me connect

services (“GTC”) as set forth below, the special 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”), apply to the Mercedes me

connect services (“Services”) and to the use of the Services by

the customers (“Customer” or “You”). The respective STC and the

Overview of Services form an integral part 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 provisions in

the STC or the Overview of Services will take precedence.

Definitions in the GTC shall also apply to the STC.

2. Definitions

2.1 “Customer” is the person who has successfully and duly

accepted this Terms and Conditions.

2.2 “Company Car Driver” is a person who is entitled to use the

Vehicle for business – and possibly private purposes – over

longer periods, and is therefore not a short-term hirer or

user of car share or car pool vehicles.

2.3 “Connect” means, with respect to a Vehicle, such Vehicle is

paired with a Customer’s User Account.

2.4 “Disconnect” means, with respect to a Vehicle, such

Vehicle is removed from a Customer’s User Account.

2.5 “Lessee” is a person who is entitled to use a vehicle over

longer periods on the basis of a leasing agreement.

2.6 “Customer Portal” means the Mercedes me portal (MMP).

2.7 “Service Partners” means third party service providers as

designated by Daimler for the purpose of providing the

Services, including for example and without limitation,

telecommunications providers, wireless service providers,

public safety operators, emergency personnel, towing

companies, vehicle manufacturers, distributors and dealers,

equipment and software manufacturers, distributors,

licensors, content providers, and any other person or entity

who provides any service, equipment, content, feature or

facilities in connection with the Services. These parties are

collectively referred to in these Terms and Conditions as

our “Service Partners”. In some cases, one or more of the

companies within Daimler Group may be a Service Partner.

In the event any of our Service Partners imposes additional

terms and conditions on the services they provide, by

accessing such services you agree to comply with any

additional terms and conditions imposed by them.

2.8 “Vehicle” means a Mercedes-Benz branded vehicle or any

vehicle with a brand owned or designated by Daimler which

is equipped 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 precondition for using the Services is that the Customer

must, before or after accepting this Terms and Conditions,

successfully complete real name registration with our

Service Partners as required by applicable laws, and the

failure to complete such real name registration may result

in the unavailability of all Services to the Customer,

including any emergency services. Please consult the

relevant dealership for such real name registration.

3.2 A second precondition for using the Services is that the

Customer has registered with Daimler in the Customer

Portal and must have must have a username and password

(“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

personal information. The Customer hereby represents that

any and all of the information submitted by the Customer

and the submission activity by the Customer are in

compliance with applicable 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 accept

the GTC while Customer may choose to accept one or more

STCs in order to use any specific Services that are covered

by the STCs. The respective Terms and Conditions take

effect as between the Customer and Daimler when the

Customer registers with Daimler in its Customer Portal and

accepts such Terms and Conditions but no later than as of

the date on which the Customer is able to use the

respective 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

interpretation of these Terms and Conditions, the Chinese

version of these Terms and Conditions shall prevail.

3.3 When the respective 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

accepted STCs. The Customer can obtain more information

hereto on the Customer Portal.

3.4 The Customer’s right to use the Services is dependent 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 corresponding 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 accepting 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 occupies the Customer’s

Vehicle.

4. Scope of Service

4.1 The Services are intended to be provided to the Customer

in the People’s Republic of China (for the purpose of this

Terms and Conditions, excluding the Special Administrative

Region of Hong Kong, the Special Administrative Region of

Macau, and Taiwan, hereinafter the “Territory”).

4.2 Subject to section 4.10, the Services are generally available

geographically in the Territory.

General Terms and Conditions for using Mercedes me connect Services

Version 001.002.018.A.17B

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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 apply 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 operate and use the Services via the use

gateways described in the sections below (collectively “Use

Gateways”). The scope of Services available via the relevant

Use Gateway is set forth in the relevant STC and the

Overview of Services. A precondition for using the Services

via the relevant Use Gateway is a User Account, unless the

Terms and Conditions provide otherwise.

The Customer will also have the opportunity to operate and

use certain Services via the Customer Portal. Some

Services can be operated and used only via the Customer

Portal.

Additionally, part of the scope 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 opportunity 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 respective STC and the

Overview of Services. If a Service is deactivated, then the

Service will not be available to the Customer during that

time.

Important: Any obligations owed to Daimler and/or the

Service Partners to pay 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 gaps) or for other important

reasons.

4.8 Due to the present state of technology, the provision and

use of the Services may be subject to certain restrictions

and inaccuracies beyond the control of Daimler. This

applies in particular to the availability of the mobile data

connection provided by mobile phone companies, the

mobile network, the global navigation satellite system

geolocation services and Internet access. Thus, the

Services are geographically limited to the transmission and

reception ranges of the transmission stations operated by

mobile phone companies, and accordingly the Services (or

a portion thereof) may not be available in all areas and may

only be available if your Vehicle is in a geographic area

covered by the Service network footprint (and within

operating range) of our wireless Service Partners, and the

location of your Vehicle, particularly in remote or enclosed

areas, may affect the quality or availability of the Service

that we or our Service Partners can provide 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 place. The Services

may also be adversely impacted by atmospheric conditions

and topographical features or obstacles (e.g., bridges,

tunnels, buildings). The same applies to geolocation based

on global navigation satellite systems. Other negative

circumstances, such as network overload, may hamper use

of the Internet. Moreover, sudden capacity bottlenecks may

arise from spikes in the usage of the Services, the mobile

and landline networks, as well as the Internet.

Disruptions 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.,

repairs, maintenance, software updates, enhancements)

that need to be carried out on Daimler systems or on those

of upstream or downstream service providers, content

providers or network operators which are necessary in

order to ensure that the Services are properly provided or

improved (including but not limited to the Service Partners).

Additionally, in the event of any regulatory, governmental or

other legally-compelled changes, or discontinuation or

change of necessary telecommunications systems and

services (e.g., if our wireless carrier terminates or restricts

wireless services of the type used by your Vehicle’s

Equipment), you are solely responsible for replacing, as well

as the cost of replacing, any Equipment that is necessitated

as a result of such change or discontinuation. If you refuse

to bear the Equipment replacement cost, the Service may

be terminated.

4.9 The Services require a fully functioning power supply 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 power supply (in the case of electric

vehicles), then this may result in the battery becoming

depleted. If the vehicle is left standing for a considerable

period, then the Mercedes me connect communication

module (“Communication Module”) in the vehicle might

switch itself off, thus interrupting the data connection to

the Vehicle requiring a manual operation into service next

time.

4.10 Daimler reserves the right to make amendments and

supplements to the Terms and Conditions, provided that

they are reasonable for the Customer upon taking into

account the interests of Daimler. Daimler specifically

reserves the right at any time to expand, reduce or

otherwise change the functions or features of Services and

supplement new Services and to amend and supplement

the Terms and Conditions accordingly.

4.11 Once this Terms and Conditions enters into effect and the

connection is made with the Vehicle, software updates for

browsers and Communication Module will be downloaded

via a mobile data network and automatically installed,

without requiring a visit to an auto repair shop (“Software

Updates”). The Software Updates can improve 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 Updates cannot be deactivated

by the Customer. Depending on its type and scope, the

Software Updates is carried out automatically without any

additional consent from the Customer, or the Customer will

be given the opportunity to confirm or reject any individual

Software Updates. The period of time between the

individual Software Updates can vary. There is no right to

demand Software Updates.

The Software Updates are subject to the availability and

limitations of the mobile network, respectively, as well as

the equipment in the Vehicle (“Equipment”). 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 Updates may be

required for the unimpeded performance and operation of

the Services. The Customer has no right to obtain the

Software Updates by another means.

While the Software Updates are downloading and installing,

the functionality of the Vehicle or individual components

(e.g., the infotainment system or Communication Module)

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could be compromised for a certain period of time. In the

unlikely event that a fatal technical error should occur

during the installation of the Software Updates, the

functional limitation could persist and a repair may be

needed at an auto repair shop.

4.12 The Services may contain various components and features.

Daimler may, at its discretion, decide to update or change

such components and features of the Services at any time

and from time to time. The Services may include, but not

limited to, those components described under each of the

STC as well as certain other components provided by

relevant call center. Such call center will provide 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 applicable to all models of Daimler’s Vehicle. Such

call center’s services include service inquiry and complaint

handling of all or part 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 phone call scenario

Where the Customer requests a destination/point of

interest (“POI”) to be sent to his/her vehicle by telephone

call, a call center agent, upon verification, will assist in

selecting the specific 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 previous destinations is

kept under "Destination Download". If there are many cars

assigned to one mobile phone number, the agent will

confirm verbally with the Customer about which vehicle(s)

is (are) specified 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 pressed and the call center agent will provide 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

potentially recovering their stolen vehicles. After filing a

police report on a stolen vehicle, the Customer contacts

the call center with the police report 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 protect both the Customer and the vehicle.

Once the authentication process is complete, the vehicle’s

location information is retrieved by the call center agent.

The call center agent then contacts the appropriate public

safety personnel with the stolen vehicle case number and

provides 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 help of a call center agent.

The dealer can be the preferred 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 protect the Customer conversation privacy, the

call center agent hangs up the phone 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 provided to the Customer at the

Customer’s request and the customer will contact the

dealer of his/her own during the dealer’s operation hours.

For the avoidance of doubt, the above descriptions

regarding “Send2Car and POI Download”, “Stolen Vehicle

Locator (Tracking)” and “Dealer Connect” are set forth

hereunder for providing you with the general information, and

those requirements and provisions set forth under Section 2

and Section 4 of the Special Terms and Conditions for Using

Mercedes me connect Concierge Service (as may be amended

or updated from time to time) shall be applicable, mutatis

mutandis, to such components 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 optional equipment in the

Vehicle. Details and any other requirements of use are set

forth in the respective 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 specified in section 9.1.

5.3 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 disposes of his Vehicle.

Without limiting other provisions set forth hereunder, the

Customer shall bear all liabilities and takes full

responsibility for any claims resulting from his/her failure

to disconnect the Vehicle upon sales or any transfer of

ownership of such Vehicle.

The disconnection will deactivate the Services in the

relevant Vehicle for the Customer.



connection with the Services will remain unaffected by

disconnection.

5.4 The Equipment

The Service is provided only if your Vehicle is equipped with

compatible Equipment in good working order. Additionally,

your vehicle must have a working electrical system,

including adequate battery power, in order for the

Equipment and Service to operate and function

appropriately. The Service may not work if you attempt to

modify the Equipment or add any equipment or software in

or to your Vehicle that is not expressly authorized by us or

is not compatible with the Equipment or Service. The

receipt of the Service may vary in different Vehicles

depending on the electrical systems of the Vehicle and the

version of Equipment or software in the Vehicle. For

instance, you may need to adjust the volume to hear the

audio portions of the Services.

We use software in connection with the Services. As

between you and us, we (and/or our applicable 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

receipt and use of the Services).

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We may update the software contained in your Vehicle’s

systems or the Equipment from time to time. We may do

this remotely without notifying you first. Your Vehicle’s

systems and the Equipment also may contain or utilize

software that we or our Service Partners may need to

update or change from time to time. You agree that we may

assist them to make such updates or changes that they

request remotely without advance notice or your consent.

These software updates may affect or erase data that you

have previously stored on the Equipment in your Vehicle

(for example, specific route or destination information). We

and the Service Partners assume no responsibility for lost

or erased (or otherwise affected) data, and you are solely

responsible for the data that you may have downloaded,

uploaded, transmitted or otherwise stored from, to, on or

through the Equipment 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 update 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 process of providing 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 compatible end-device or

other media and telecommunications equipment 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 provider. Additional

Wifi data package purchasing means may be made

available to the Customer and the Customer may purchase

Wifi data package at his own costs.

6.4 The use of all or part of the Services may incur fees and

costs. All or part 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 represents and warrants that his profile data,

specifically name, address (and email address if the

Customer has his own User Account), and date of birth and

other information provided 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 possible, then Daimler reserves

the right to block the Services.



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 company 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 prior

notification and will then inform the Customer that the

disconnection has taken place. 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 keep all access details and passwords

necessary to use the Services safe, not disclose them to

third parties, and prevent them from being misused. The

Customers shall not use the same combination of email

address and password for accessing the User Account that

he uses for other online services. The Customer shall

impose the above obligation also on any “Co-Users”, as

specified in section 9.1.

7.4 The Customer will be entitled to use the Services only if he

complies with all legal requirements and does not pursue

any purposes in breach of the Terms and Conditions or

applicable law.

7.5 If the Customer identifies that the Services have been used

in breach of the Terms and Conditions or applicable laws or

that an unauthorized third party has carried out an

inadmissible activity on the mobile network provided 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 13.

7.6 The software applications provided for the use of the

Services shall not be modified, edited, decompiled

(including by means of reverse engineering), stored or

otherwise copied by any person 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

provisions.

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 apply not only to the Customer,

but also to anyone using the Customer’s Vehicle, the

Equipment or the Services, to anyone making a claim on

the Customer’s behalf, and to any claims made by the

Customer’s family, employees, customers, or others arising

out of or relating to any Services Daimler or the Service

Partners provide or the Equipment.

7.9 The Customer is personally responsible for saving any data

on its compatible end-devices.

7.10 Your Responsibilities for Those Who Use Your Vehicle

Without limitation of anything set forth herein, you are

solely responsible 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 responsible 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

responsible for keeping your personal information and any

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passwords you use to access the Services in a safe place

and not to share it with anyone. We will make any changes

to your account or charge you for any amounts authorized

by a person who provides your authentication information

that can be used to access your account.

7.11 The Customer agrees to use the Equipment, the Services

and any other services that Daimler and/or its Service

Partner offers in a way in compliance with applicable laws.

The Customer agrees not to use the Equipment, 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 respective business, operations, services,

reputation, employees, equipment, property or facilities.

You further agree that you will not harass, threaten or use

vulgar and/or inappropriate language towards any

customer service representatives. We and our Service

Partners provide the Services, including the messages,

data, information, content, or other material provided as

part of the Services, for your non-commercial use only, and

not for re-sale. Certain information you receive through the

Services is the property of us or our Service Partners and it

may be subject to one or more copyrights, trademarks,

service marks, patents, or other legal protections. You may

not (or permit or cause any other party to) sell or resell or

otherwise use it for commercial purposes, nor may you

reproduce, copy, modify, make derivative works from or

otherwise display or distribute it. These uses are expressly

prohibited by these Terms and Conditions.

7.12 The Services is provided to you as a convenience. However,

the Service is not a substitute for insurance. Neither we nor

our Service Partners are an insurance service provider in

the process of providing the Services, nor should you

consider the Services as insurance or rely on it to limit the

potential for loss, theft or damage to your Vehicle or

property. The payments you make for the Services (if any)

bear no relation to your Vehicle’s value or that of any

property you may keep in it, or the cost of any injury to or

damages suffered by you. You agree that you bear sole

responsibility for obtaining and maintaining appropriate and

lawful insurance covering personal injury, loss of property,

and other risks covering yourself, those who operate your

Vehicle, your passengers and anyone else claiming any

damages, and release us from any such responsibility. No

insurance company or insurer will be entitled to any right of

subrogation against us or our Service Partners.

It is your responsibility to maintain your Vehicle and its

systems (including the Equipment) in good working order

and in compliance with these Terms and Conditions and all

applicable laws.

7.13 Excessive Usage

Our ability to provide the Services and maintain its quality

may be impaired when the Customer places illegitimate

emergency, road side assistance or remote vehicle door

unlock calls, place or initiate an abnormally high numbers

of calls, send or receive unusually high numbers of

messages, repeatedly place calls of unusually high

frequency or long duration, or use data channel services at

a rate that is extremely high relative to typical usage by

other customers for similar Services (“Excessive Usage”).

Such a typical, 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 suspension of the

Services.

7.14 Suspending, Transferring or Reactivating the Service

(1) Suspension of the Services

We can decide to suspend the Services at any time for any

reason in our discretion, including for network or system

maintenance, improvement, congestion, or failure or if we

suspect your Services (in whole or in part) is being used for

any unauthorized or inappropriate purpose, or for reasons

unrelated to you or your account with us. If suspension 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 representatives from TCC and

notifying us that you want to terminate the Services. Unless

otherwise expressly set forth in these Terms and Conditions

or agreed by Daimler, we will not refund any other amounts

that you have paid in advance (if any). Such fees are

non-refundable, to the greatest extent permitted by the

applicable laws. Further, we may suspend or terminate

Services (in whole or in part) pursuant to Section 8.2 below.

If we elect to terminate your Service (in whole or in part) as

a result of your breach of these Terms and Conditions or

unauthorized use of the Service or Equipment, 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 party (the “Transferee”), you

shall notify such Transferee of that and of this Terms and

Conditions. In addition, please 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 provided to the

Transferee unless the sale or transfer and the required

information of the Transferee are duly registered with us

and/or our applicable Service Partners and the Transferee

expressly accepts this Terms and Conditions. It is your

responsibility 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 providing you

with messages through the Equipment 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 email address currently on file with

us. We are not responsible for any privacy 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 temporarily 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 dealership for handling such reactivation.

8. Term and Termination

8.1 The term of the Services is set forth on the Overview of

Services.

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8.2 We reserve the right to issue a warning and/or to suspend

or terminate the Services (in whole or in part), 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 applicable agreement or policy, or if we suspect the

Customer’s Services or Equipment is being used for any

unauthorized or inappropriate purpose, 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, respectively, at any time. The

Customer may complete such termination via his User

Account. .



connection with the Services will be unaffected by such

termination.

8.4 If a Customer previously domiciled in the Territory changes

his domicile to a place outside of the Territory, the Services

will be automatically terminated without any further notice.



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 impacted Vehicle.

9. Other Users and Co-User Authorization

9.1 In order to enable other persons to access Services, the

Customer can authorize these other persons as co-users

(“Co-Users”) on his User Account. To use the Services as

Co-Users, these other persons must also hold a User

Account and confirm online their activation by the

Customer.

9.2 Co-Users can view, operate 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 specific provisions regarding the rights of Co-Users

may be found in the respective STC.

The scope of the Services can vary for the Co-User

depending on which Use Gateway is used to access them.

Details can be found in the respective 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 accepting this Terms and Conditions, whether by

accepting this Terms and Conditions in Daimler’s system or

by using the Services, the Customer is waiving important

rights, and the Customer is providing his/her express

consent to various actions to be taken by Daimler and/or

the Service Partners.

10.2 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.

10.3 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.

10.5 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

7/10

SERVICES, OR ANY PRODUCT OR SERVICE PROVIDED BY

OR MANUFACTURED BY THIRD PARTIES.

10.6 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.

10.7 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.

10.8 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 respective affiliates’, officers, directors,

agents, partners and employees, from and against any and

all liabilities, settlements, penalties, claims, causes of

action, and demands (including any costs, expenses, or

attorneys' fees on account thereof) (collectively “Claims”)

irrespective of the nature of the cause of such Claims,

alleging loss, costs, expenses, damages or injuries

(including without limitation Claims for libel, slander, or any

property damage, personal injury or death), arising in any

way, directly or indirectly, in connection with the

Customer’s (or any occupant of the Customer’s vehicle)

violation of this Terms and Conditions or the Customer’s (or

any occupant of the Customer’s Vehicle) misuse or failure

to use the Services or Equipment.

11. Data Protection and Data Security

11.1 Collection and Use of the Vehicle and Subscriber Data

(1) The Customer expressly consents to the following,

with respect to any information regarding the

Customer or the Customer’s Vehicle (or the

Customer’s use or receipt of Equipment and/or the

Services or the repair 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 personally 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 Equipment,

the Customer’s vehicle and/or the Service

(collectively, the “Vehicle and Subscriber Data”).

Such Vehicle and Subscriber Date shall include,

without limitation:

(a) vehicle’s description, location, altitude, direction of

travel;

(b) vehicle’s data about its operation (e.g., diagnostic

information, oil life remaining and odometer reading);

(c) 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 deployed);

(d) calling information of the vehicle (e.g., the date, time

and duration of call; information provided to or

received from the Customer during the call; any

written notes taken by the customer service

representative during a call); and

(e) all Personal Information (as defined below) provided

by the Customer for the purpose of purchasing or

leasing a vehicle or subscribing for or using the

Services.

For the purpose of this Terms and Conditions,

“Personal Information” refers to any information

associated with a Customer, which independently or

when combined with other information, is able to

identify such Customer, for example, the name, date of

birth, identification card number, or address of a

Customer.

Daimler shall own the ownership of, and all rights and

interests in and to the Vehicle and Subscriber Data

except for the Personal Information provided by the

Customer, the ownership of which shall be determined

in accordance with applicable laws.

(2) Daimler and/or the Service Partners may collect,

intercept 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

provide 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 receipt or use

of the Services or Equipment (as applicable), (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 Equipment in

the Vehicle and the use of the Equipment or the

Services. Without limitation of the generality of the

foregoing, (a) Daimler and/or the Service Partners

may intercept any wire, wireless, oral or electronic

8/10

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 permitted hereunder

(except that the Personal Information contained

therein will only be used for purposes in relation to the

provision or preparation for provision, improvement or

development of the Vehicles or the Services) and (c)

the Customer’s consent to the foregoing and

expressly 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 expressly acknowledges

and consents to such sharing. The Customer’s

consent that to the extent permissible by applicable

law, the Vehicle and Subscriber Data may be accessed

abroad by Daimler and/or the Service Partners for

purposes in resolving Services difficulties or providing,

improving or developing the Services or related

services.

(3) To comply with appropriate legal process, including

any rule, order, subpoena, national security letter or

other request of any government entity(including

applicable 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 representatives 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 parties any Vehicle and Subscriber

Data necessary to respond to claims of violation of the

rights of third parties, or to protect any of the rights

and property of Daimler and/or the Service Partners

(as applicable).

(5) Without limiting the foregoing, the Customer further

expressly consents (i) to the acquisition and sharing of

all Vehicle and Subscriber Data by and between

Daimler and the Service Partners (and with their

respective vendors and dealers) freely in accordance

with the agreements entered into by such parties, (ii)

to Daimler’s and the Service Partners’ use of such

data to perform and provide the Services or for the

preparation works for providing such Service (except

that the Personal Information contained therein will

only be used for purposes in relation to the provision

or preparation for provision, improvement or

development of the Vehicles or the Services), (iii) to

Daimler’s use of such data for purposes of its internal

research and improvement and development of

Vehicles and services, and (iv) to the use of such data

for purposes of internal research and improvement

and development of telematics services by the Service

Partners and/or Daimler.

(6) Because the Services are provided through wireless

networks, the Customer’s communications may be

intercepted by others. Daimler or the Service

Partners, including, for example, telecommunications

carriers and other wireless service carriers, cannot

and do not guaranty (and Daimler and the Service

Partners expressly disclaim) the security and privacy

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 permitted by

applicable law, the Customer will not hold Daimler or

any of the Service Partners liable for any damages

resulting from any loss of privacy 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 applicable laws of the Territory, monitor

telephonic conversations between the Customer and

Daimler (or the Service Partners), their customer

service representatives, emergency personnel, or the

police, as well as the Customer’s use of any of the

automated services, for various purposes, including

(without limitation), in order to assess, maintain or

improve the quality of the Services, for issue

resolution, training purposes, or to promote and

provide the Services. Daimler’s customer service

representatives (as well as those of the Service

Partners, if applicable) may also remain on the line

while conferencing in a third party to assist in

completing a service request. The Customer (for

himself/herself and the Customer’s Vehicle’s

occupants and anyone else acting or using the

Services on behalf of the Customer): (1) expressly

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

applicable privacy laws.

(9) Daimler and/or the Service Partners may

communicate with the Customer by providing the

Customer with messages through the Equipment in

the Customer’s Vehicle or to the billing or email

address or other contact information for the Customer

that we have on file. We and/or our Service Partners

may also use your email address or mobile telephone

number to send you emails or SMS about products,

Services and other services, specials and online

promotions, which may be related to the Services or

not, to the greatest extent permitted by the applicable

laws.

(10) From time to time, we may also use your email

address to send you information about selected third

party products, 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 emails about our

offers or products or those of these selected third

parties, you can also contact a customer service

representative. Please note that even if you choose

not to receive marketing emails 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 updates

that will allow us to provide you with the optimal user

experience.

(11) We or the Service Partners may also use your name,

postal delivery information and phone number to

contact you for various purposes (including marketing

purposes).

9/10

11.2 Privacy Policy

The following Services privacy policy (“Services Privacy

Policy”) governs the collection and use of the Vehicle and

Subscriber Data:

(1) Use of Vehicle and Subscriber Data

(a) Except as otherwise provided for in this Terms

and Conditions, you agree that we or our Service

Partner may, subject to applicable law, use any of

Vehicle and Subscriber Data to, but without

limitation: (i) provide or prepare ourselves for

providing Services to you or your Vehicle

(including, but not limited to, sharing such Vehicle

and Subscriber Data with roadside assistance

providers, emergency service providers, or other

Service Partners, as needed); (ii) communicate

with you about the Services and your User

Account; (iii) evaluate and improve the Services;

(iv) enforce this Services Privacy Policy or any

other agreement entered into between you and

us, or between you and our Service Partner; (v)

comply with laws and regulations, court orders or

government authority’s requirement; (vi) protect

your or any other person’s rights, property, or

safety; (vii) offer you new or additional products

or services; (viii) advertise or promote products or

services; or (ix) perform market research. We

will not sell, trade, or rent your information to

others.

(b) Except as otherwise provided for in this Terms

and Conditions, you agree that we or our Service

Partner may share Vehicle and Subscriber Data

with our customer service call centers or our

Service Partners (including, but not limited to,

roadside assistance service providers, emergency

service dispatchers and providers, and

information service providers, or others as

needed), the telecom carrier for the Services, our

authorized dealers, as well as other entities

required to deliver the Services. We and our

Service Partners may also use Vehicle and

Subscriber Data for analysis and research

purposes and will share information as necessary

with third parties to accomplish those tasks. We

may also disclose Vehicle and Subscriber Data to

individuals designated by you to be contacted in

emergencies.

(c) Our Service Partners may use other service

providers to provide the Services requested by

you or your vehicle occupants. Vehicle and

Subscriber Data necessary to provide any of the

Services you request may be provided to such

third-party service providers and this Services

Privacy Policy will not govern those providers.

(d) A customer service representative of call centers

operated by our third-party services providers

may track the location of your Vehicle, without

the occupant’s knowledge, in order to assist in

recovering the Vehicle, providing emergency

services or serve other legitimate purposes.

(e) If you do not notify us of a sale or transfer of your

vehicle, we may continue to send reports or other

information about the Vehicle or the Services

account to the contact information currently on

file with us. In such case, we are not responsible

for any privacy related damages you or your

transferee may suffer.

(2) We may record, monitor, or track the location

information of your Vehicle in the event that:

(a) you or other occupants in your Vehicle request

any of Services;

(b) the automatic collision notice service is triggered

in emergency (e.g., airbag(s) of your vehicle

deploy(s) due to severe vehicle collision);

(c) stolen vehicle location service is available to your

Vehicle and you report to the police that your

Vehicle as stolen;

(d) any other Services that may need your Vehicle’s

location; or

(e) as otherwise required by laws or regulations or

as required by government authorities.

(3) Protection of Vehicle and Subscriber Data

We have physical, electronic and procedural

safeguards in place to protect against the loss,

misuse, and alteration of Vehicle and Subscriber Data

under our control.

(4) Security on the Cellular Telephone Network

In providing the Service, voice and data are

transmitted between the customer service call center

and your Vehicle over the cellular telephone network.

This network is complex and not necessarily secure.

Therefore, the privacy and security of conversations or

data transmitted to and from the vehicle cannot be

guaranteed.

(5) We and the Service Partners will use your Personal

Information for purposes of the improvement or

development of the Vehicles or the Services, including

that we and the Service Partners may choose to

disclose your Personal Information to the third-party

service providers or authorized agents for such

purposes.

(6) Updates and Inquiries Regarding the Services Privacy

Policy.

We may change this Services Privacy Policy at any

time in our sole discretion. You can access the

current Services Privacy Policy at the Customer Portal

or request a copy by calling Mercedes me connect at

400-898-0050. Comments or inquiries about our

Services Privacy Policy should be directed to the

Mercedes me connect Services at 400-898-0050.

12. Miscellaneous Terms

12.1 Dispute Resolution

YOU AND WE AGREE THAT IN THE EVENT OF ANY DISPUTES

BETWEEN US, WE WILL FIRST TRY TO RESOLVE IT BY

TALKING WITH EACH OTHER. IF WE ARE UNSUCCESSFUL IN

RESOLVING OUR DISPUTES IN THIS MANNER WITHIN A

REASONABLE TIME PERIOD, YOU AGREE THAT, TO THE

FULLEST EXTENT PROVIDED BY LAW:

(1) ANY CONTROVERSY OR CLAIM ARISING OUT OF OR

RELATING TO THIS TERMS AND CONDITIONS, OR TO

ANY PRODUCT, EQUIPMENT OR SERVICES PROVIDED

UNDER OR IN CONNECTION WITH THIS TERMS AND

CONDITIONS, WILL BE SETTLED BY CONFIDENTIAL

INDEPENDENT ARBITRATION INVOLVING A NEUTRAL

ARBITRATOR AND ADMINISTERED BY THE CHINA

INTERNATIONAL ECONOMIC AND TRADE

ARBITRATION COMMISSION (“CIETAC”) IN BEIJING IN

ACCORDANCE WITH THE ARBITRATION RULES OF

CIETAC THEN BEING IN FORCE WHICH RULES ARE

10/10

DEEMED TO BE INCORPORATED BY REFERENCE TO

THIS CLAUSE. THIS ARBITRATION AWARD SHALL BE

FINAL AND BINDING, NOT SUBJECT TO ANY APPEAL

AND SHALL DEAL WITH THE QUESTION OF COSTS OF

ARBITRATION AND ALL MATTERS RELATED THERETO,

AND THE IMMUNITY POWER, IF ANY, IS WAIVED.

You and we agreed that the arbitration, including the

evidence, the argument and the outcome, is

confidential among the parties. You and we may

each tell our lawyers and, if necessary, our financial

advisors and insurers about the arbitration, if they

agree to keep it confidential too. You and we can

both tell others but only if required by law. Nothing

in this agreement prevents either of us from filing the

arbitration award with a court to enforce such award,

though you and we agree that the evidence and

arguments of the parties related to such award will be

treated as confidential information subject to court

approved protective order.

(2) NO ARBITRATOR HAS AUTHORITY TO AWARD RELIEF

IN EXCESS OF WHAT THIS TERMS AND CONDITIONS

PROVIDE. IN ALL ARBITRATIONS, THE ARBITRATOR

MUST GIVE EFFECT TO APPLICABLE STATUTES OF

LIMITATIONS AND WILL DECIDE WHETHER AN ISSUE

IS ARBITRABLE OR NOT.

12.2 Governing Law

Any complaint, arbitration or other legal action permitted

under this Terms and Conditions shall be governed by and

interpreted under the laws of the People’s Republic of China.

12.3 Entire Agreement

This Terms and Conditions and any other document or policy

incorporated by this Terms and Conditions is the entire

agreement between you and us. It supersedes all other

agreements, communications or representations, oral or

written, between us, past or present. We are not responsible

for any statements, agreements, representations, warranties

or covenants, oral or written, including, without limitation,

any statements from third parties, concerning or relating to

the Equipment or the Services provided to you pursuant to

this Terms and Conditions, unless such statements,

agreements, representations, warranties or covenants are

expressly contained in this Terms and Conditions.

12.4 Effect of Termination

Even after the Services available to you have ended and

unless it has been replaced by a new agreement expressly

entered into by and between us, the provisions of this Terms

and Conditions will continue to govern any disputes arising

out of or relating to it. This Terms and Conditions will also be

binding on your heirs and successors and on our

successors. In addition to any other provisions identified

herein as surviving termination or expiration of the Services

available to you, the following provisions of this Terms and

Conditions shall survive the termination or expiration of the

Services available to you: Sections 7, 8, 10, 11 and 12.

12.5 Waiver; Severability.

No waiver of any part of this Terms and Conditions, or of any

breach of it, in any one instance will require us to waive any

other instance or breach. If any part of this Terms and

Conditions is declared invalid or unenforceable, all other

parts of this Terms and Conditions are still valid and

enforceable.

12.6 Assignment

We can assign these Terms and Conditions, in whole or in

part, to any individual or entity we choose, at any time,

without notice to you, in our sole discretion.

13. Service Information

13.1 The Services are provided by Daimler’s Service Partners,

which act on behalf of Daimler for the purpose of providing

the Services, unless otherwise stated in this GTC or in the

STC.

13.2 Contact details for TCC: (+86) 400 651 1280.

Mercedes me connect customer portal: Mercedes.me

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Use Gateways More information

Mercedes me connect Standard Service

life time from initial

registration

as inclusive services

Mercedes-Benz Emergency Call System 3) 8)p

Maintenance Management 3) 8)p

Telediagnostics 3) 8)p

Accident Recovery 3) 8)p

Breakdown Management 3) 8)p

Software Updates 3) 4)p

Mercedes me connect Remote Online

3 years from initial

registration as inclusive

services

Remote Retrieval of Vehicle Status 2)p

Parked Vehicle Locator 2)p

Programming of Charging Settings and Pre-Entry Climate Control 2)5)p

Remote Door Locking and Unlocking 2)p

Geofencing 2)p

Route Planning 2) 5)p

Vehicle Tracker 2)p

Send2Car and POI download 2)p

Mercedes me connect Vehicle Set-Up



services

Remote Retrieval of Vehicle Status 1)p

Remote Door Locking and Unlocking 1)p

Programming of Charging Settings and Pre-Entry Climate Control 1) 5)p

Personalisation 1) 4)p

Remote Configuration of Mercedes-Benz Apps 1)p p

Mercedes me connect Vehicle Monitoring



services

Parked Vehicle Locator 1)p

Geofencing 1)p

Vehicle Tracker 1)p

Route Planning 1) 5)p


Mercedes me connect Navigation Services



services

Live Traffic Information 3) 4)p

Car-to-X – Communication 1)p

Local Search 3)p

Weather 1)p

Available Parking Spaces 3) 4)p

Petrol Station 3) 4)p

EV Station POI 3) 5)p

e-Navigator 1) 5)p

Online Map Update 1) 4)p

Traffic Summary Map 3) 4)p


WeChat-Mycar 3)p

Office 3 years from initial


services Dictation 3) 4)p

Mercedes me connect Concierge Service 3)p 3 years from initial


services Mercedes me connect Premium Concierge Service 3) 4)p

Entertainment & Media 3 years from initial


services Wifi Hotspot 3) 4) 6)

p

Weather 3) 4)p

Other Services

Remote Parking Pilot 1) 7)

360° camera,

automatic gearbox,

Keyless Go or Keyless Go

package

Mercedes-Benz Apps 3)p

1) The services are available in China for the following model series from 09/2016: E-Class.

2) The services are available in China for the following model series from 09/2016: A-Class, B-Class, CLA-Class, GLA-Class, C-Class, E-Class, CLS-Class, S-

Class, GLC-Class, GLE-Class, GLS-Class, SLC-Class, SL-Class, AMG-GT Class.

3) The services are available in China for all the models mentioned in 1) and 2).

4) The services are available in COMAND vehicles.

5) The services are only available for electric and plug-in vehicles.

6) Customer need to purchase data package for this service, the rest of services are free to use for 3 years.

7) The service needs a standard alone app.

8) For NGCC entry models, will only offer standard services.

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General Terms and Conditions for using ... - Mercedes-Benz · The general terms and conditions for using Mercedes me ... 2.8 “Vehicle” means a Mercedes-Benz branded vehicle or