1.1 The App has been developed by us and can be used by you in order to play our game Space Warp that is made available through the App (the “Game”). The App can only be used in the dashboard of Polestar cars, and is not available for use in other devices. The Game can be played while your car is parked, but not while you are driving.
1.2 To use the App and the Game 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 Game 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. You are always entitled to withdraw from these General Terms by sending us an email to the email address set out below, or by using the model withdrawal form available https://legal.polestar.com/en-ca/terms-and-conditions/.
1.4 We always act in accordance with our code of conduct. Our code of conduct is available at https://www.polestar.com/dato-assets/11286/1625049395-code-of-conduct-june-2021.pdf.
2. FEES AND PAYMENT
For the time being, we will provide the App and the Game free of charge.
3. YOUR USE OF THE APP AND THE GAME
3.1 By accepting these General Terms, we grant you a royalty-free, non-exclusive, non-transferable, non-sublicensable, personal, limited, revocable right to use the App and the Game, solely for the purpose of using them in your Polestar car, 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 the Game:
(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 Game (including by hacking or defacing the App); or
(d) in a way resulting in the App and/or the Game 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 the Game.
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 the Game, 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 the Game (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 the Game;
4. INTELLECTUAL PROPERTY RIGHTS
Polestar is the sole developer of the App and the Game and the holder of any and all intellectual property rights therein and thereto. We reserve any and all rights in and to the App, the Game, and any trademarks and logos used in connection with the App and the Game, 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 the Game 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.
5. DISCLAIMER AND WARRANTIES
5.1 You hereby expressly acknowledge and agree that the App and/or the Game are provided on an “as is” 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 and non-infringement of third party rights.
5.2 Polestar will strive to ensure that the App and/or the Game will be available, accessible and reliable and that the App and/or the Game will provide for sufficient protection of your integrity. However, we shall not be held liable if the App and/or the Game 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 the Game or any security or integrity violations or breaches that may occur from time to time on the App and/or the Game. In addition, we reserve the right to, at any time, modify, update, upgrade and/or shut down, temporarily or permanently, the App or the Game (or any part thereof). You acknowledge and agree that we may suspend your access to the App and the Game if we, in our sole discretion, need to make such updates.
5.3 TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL POLESTAR, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR REPRESENTATIVES 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 THE GAME 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 THE GAME.
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 Game.
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.
7.3 If a dispute cannot be resolved with Polestar, You can also contact ARN (the National Board for Consumer Disputes, which you will find more information about at www.arn.se).
7.4 You also have the right to raise any dispute via the European online dispute resolution platform which can be accessed by clicking on the following link: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage.
8.1 You and Polestar agree that these General Terms and all documents relating thereto be drawn-up in English. While a French translation of these General Terms may be provided for convenience, in the event of a dispute as to the terms of these General Terms, the English version shall prevail.
8.2 This electronic document, and all other electronic documents referred to or incorporated herein, will be: (i) deemed for all purposes to be a “writing” or “in writing”, and to comply with all statutory, contractual, and other legal requirements for a writing; and (ii) legally enforceable as a signed agreement.
If you have any questions or concerns regarding the App or the Game, 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