1.1 The App has been developed by us and can be used by you in order to access and watch online video content while your car is parked, and listen to such content while you are driving. The App can only be used in the dashboard of Polestar cars, and is not available for use in other devices. The services, including video content, that are made available through the App are provided by Polestar and/or third parties (the “Services”). Such third parties who provide Services are in these General Terms referred to as the “Media Providers”. Any Services provided by Polestar are referred to as the “Polestar Services”, and any Services provided by the Media Providers are referred to as the “Media Provider 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. 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/uk/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 Polestar Services free of charge. However, Media Provider Services may be subject to a charge in accordance to such Media Providers’ terms and conditions.
3. Your use of the app and the services
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 Polestar 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.
3.2 In addition to the terms relating to the use of the Services set out in this Section 3, please note that the terms for using the Media Provider Services are further described in Section 7 below.
3.3 You agree not to use the App and/or any Service
- 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 (including the Media Providers);
- in a way that conflicts applicable laws or regulations, including but not limited to laws on intellectual property rights or traffic regulations;
- 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
- 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.
3.4 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:
- 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;
- rent, lease, sub-license, loan, distribute or sell/re-sell or exploit the App and/or any Service (including source code); or
- (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;
4. Intellectual property rights
4.1 We reserve any and all rights in and to the App, the Polestar Services, and any trademarks and logos used in connection with the App and the Polestar 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 Polestar 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.
4.2 Each Media Provider reserves any and all rights in the relevant Media Provider Services and trademarks provided by such Media Provider. Nothing in these General Terms constitutes a transfer, assignment or grant of any ownership rights in any such intellectual property rights.
5. User data
5.1 When using the App or the Services, you may make information and data regarding your usage available to us (the “User Data”).
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 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 purpose of (i) 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, such as Media Providers. However, such User Data shall at all times be transferred on an aggregated level and anonymised.
5.4 To the extent the User Data includes personal data, 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” 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.
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 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 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.
7. Media provider services
7.2 You acknowledge that the Media Provider Services may vary depending on the Polestar car model, individual equipment and model year, the car’s geographical location, where the Polestar car is registered, where it was sold and where it is used. Thus, depending on where your car is located, a Service provided by a Media Provider may or may not be available.
7.3 We disclaim any and all liability for any Service provided by any Media Provider under these General Terms. You understand that our role in respect of the Media Provider Services is solely to make available such Media Provider Services to you and expressly acknowledge that we shall have no responsibility for Media Provider Services.
8.1 You shall at any time be entitled to discontinue these General Terms, in which case these General Terms will no longer apply.
8.2 We may terminate these General Terms with immediate effect and at any time without prior notice, without incurring any liability whatsoever.
8.3 Upon termination, you will not have access to or be entitled to use the App or the Services.
9. Governing law and dispute resolution
9.1 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.
9.2 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.
9.3 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).
9.4 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.
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