Before using the App, you should be aware that these General Terms contain a limitation of liability. Under the limitation of liability, we will not be liable for certain losses caused by your use of the App. The limitation does not exclude any rights you may have as a consumer under the Australian Consumer Law. Please see clause 6 for details.
The App has originally been developed by a third party service provider engaged by us and can be used by you in order to collect and review information connected to trips and journeys made with your car. The App will collect various types of data, including vehicle position data, in order to inter alia track the journeys you make with your car and present trip data in the App, including 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..
1.1 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”).
1.2 To use the App and the Services under these General Terms, you must (i) be at least eighteen (18) years of age (or the applicable age of majority in your jurisdiction), (ii) be competent to enter into binding agreements and (iii) not be hindered from using the App or the Services under applicable law.
1.3 These General Terms shall enter into force upon your acceptance, and shall remain in force until terminated by you or by us in accordance with these General Terms.
1.4 We always act in accordance with our code of conduct. Our code of conduct is available at https://legal.polestar.com/uk/ethics/.
2. FEES AND PAYMENT
For the time being, we will provide the App and the Services free of charge. Your use of the App and the Services
2.1 By accepting these G eneral Terms, we grant you a royalty-free, non-exclusive, non-transferable, non-sublicensable, personal, limited, revocable right to use the App and the Services, 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.
2.2 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 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 and that viruses, worms, malware, spyware, Trojan horses or other malicious code or programs that may damage the operation are introduced in the App and/or any Service.
2.3 In addition to any other user restrictions as provided for under these General Terms and except to the extent expressly permitted under these General Terms or any applicable law, 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, reverse-engineer or create derivative works based on the whole or any part of the App and/or any Service.
3. INTELLECTUAL PROPERTY RIGHTS
We, or such third party that has been engaged by us, reserve any and all rights in and to the App, the Services, and any trademarks and logos used in connection with the App and the Services, unless otherwise is explicitly set forth in these General Terms. Consequently, nothing in these General Terms shall be construed as a transfer of any intellectual property rights (i) in and to the App and/or any Service or (ii) otherwise held or controlled by us or our affiliates, except in respect of the limited right to use such intellectual property rights as explicitly set out herein.
4. USER DATA
4.1 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.
4.2 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 making User Data available when using the App or the Services, you 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.
4.3 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.
4.4 To the extent the User Data includes personal information (as defined in the Privacy Act 1988 (Cth)), the processing of such data is subject to our Privacy Notice.
5. DISCLAIMER AND WARRANTIES
5.1 You hereby expressly acknowledge and agree that, to the extent permitted by law, the App and/or any Service are provided on an “as is” basis and without warranties of any kind. To the extent permitted by law, 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 and non-infringement of third party rights.
5.2 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 integrity. However, to the extent permitted by law, 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.
5.3 Subject to clauses 6.4 and 6.5 and 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, profit, revenue, goodwill, reputation, 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. Subject to clauses 6.4 and 6.5, in addition to the terms set forth herein and to the extent permitted by law, in no event shall we be liable for any errors, inaccuracies, omissions or other defects on the App and/or any Service.
5.4 In this clause, Australian Consumer Law means the Australian Consumer Law set out in Schedule 2 to the Competition and Consumer Act 2010 (Cth) as amended or replaced from time to time. To the extent that you acquire goods or services from us as a consumer within the meaning of the Australian Consumer Law, you may have certain rights and remedies (including, without limitation, consumer guarantee rights) that cannot be excluded, restricted or modified by agreement. Nothing in this clause 6 operates to exclude, restrict or modify the application of any implied condition or warranty, provision, the exercise of any right or remedy, or the imposition of any liability under the Australian Consumer Law or any other statute where to do so would: (i) contravene that statute; or (ii) cause any term of this agreement to be void (Non-excludable Obligation).
5.5 In relation to Non-excludable Obligations (other than a guarantee as to title, encumbrances or quiet possession conferred by the Australian Consumer Law), except for goods or services of a kind ordinarily acquired for personal, domestic or household use or consumption (in respect of which our liability is not limited under this clause 6.5), our liability to you for a failure to comply with any Non-excludable Obligation is limited to: (i) in the case of services, the cost of supplying the services again or payment of the cost of having the services supplied again; and (ii) in the case of goods, the cost of replacing the goods, supplying equivalent goods or having the goods repaired, or payment of the cost of replacing the goods, supplying equivalent goods or having the goods repaired.
6.1 You shall at any time be entitled to discontinue these General Terms, in which case these General Terms will no longer apply.
6.2 We may terminate these General Terms with immediate effect and at any time without prior notice, without incurring any liability whatsoever.
6.3 Upon termination, you will not have access to or be entitled to use the App or the Services.
7. GOVERNING LAW AND DISPUTE RESOLUTION
7.1 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.
7.2 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.
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