BY DOWNLOADING, INSTALLING AND USING THE APP AND THE GAME UNDER THESE GENERAL TERMS, YOU ACKNOWLEDGE THAT YOU (I) HAVE READ AND UNDERSTAND THESE GENERAL TERMS (II) ARE AT LEAST EIGHTEEN (18) YEARS OF AGE (OR THE APPLICABLE AGE OF MAJORITY IN YOUR JURISDICTION), (III) ARE COMPETENT TO ENTER INTO BINDING AGREEMENTS AND (IV) YOU ARE NOT HINDERED FROM USING THE APP OR THE GAME UNDER APPLICABLE LAW. IF YOU DO NOT AGREE TO THESE GENERAL TERMS, DO NOT DOWNLOAD, INSTALL OR USE THE APP OR THE GAME.
THESE GENERAL TERMS SHALL ENTER INTO FORCE UPON YOUR ACCEPTANCE BY USING THE APP, AND SHALL REMAIN IN FORCE UNTIL TERMINATED BY YOU OR BY US IN ACCORDANCE WITH THESE GENERAL TERMS. 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 HERE.
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 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.
1.4 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, upgrades or modifications. We will notify you of any significant updates, upgrades or modifications to the App, and if you do not agree with or wish to accept such updates, upgrades or modifications, you have the right to immediately terminate these General Terms and cease your use of the App and the Game. You will be deemed to accept any such updates, upgrades or modifications if you continue to use the App or the Game after the time that you are notified of such update, upgrade or modification. You further agree that all such updates, upgrades and modifications will be deemed part of the App and be subject to these General Terms.
2. FEES AND PAYMENT
For the time being, we will provide the App and the Game free of charge. Polestar will notify you of any charges for the App and/or the Game, and if you do not agree with or wish to accept such charges, you have the right to immediately terminate these General Terms and cease your use of the App and the Game. You will be deemed to accept any such charges if you continue to use the App or the Game after the time that you are notified of such charges.
3. YOUR USE OF THE APP AND THE GAME
3.1 Upon your acceptance of these General Terms by using the App, we hereby grant you a royalty-free, non-exclusive, non-transferable, non-sublicensable, personal, limited, revocable right to download, install and use the App and the Game, solely for the purpose of using them in your Polestar car for your personal, non-commercial use, during the term of these General Terms and on the terms and conditions set out herein. We reserve the right to revoke this right at any time, in our sole discretion.
3.2 You agree not to use the App and/or 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);
(c) (i) make alterations to, or modifications of the whole or any part of the App and/or the Game, or (ii) disassemble, decompile, decode, reverse-engineer or create derivative works based on the whole or any part of the App and/or the Game; or
(d) remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the App, including any copy thereof.
4. INTELLECTUAL PROPERTY RIGHTS
4.1 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 and shall retain ownership of any and all rights, title and interest in and to the App, the Game, and any trademarks, logos, copyrights, patents and other intellectual property rights 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. WITHOUT LIMITATION TO THE FOREGOING, WE PROVIDE NO WARRANTY OR UNDERTAKING, AND MAKE NO REPRESENTATION OF ANY KIND THAT THE APP WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.
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 data 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.
5.3 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 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. THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
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 If any provision of these General Terms is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of these General Terms will continue in full force and effect.
8.2 These General Terms, including the policies and other documents referenced herein, constitute the entire agreement between you and Polestar with respect to the App and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect to the App.
8.3 No failure to exercise, and no delay in exercising, on the part of you or Polestar, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. In the event of a conflict between these General Terms and any applicable purchase or other terms, the terms of these General Terms shall govern.
If you have any questions or concerns regarding the App or the 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