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End-Customer Car Data Service Terms of Use

Platform Legal
Car Data Legal
End-Customer Legal
The following outlines the terms of use of the High Mobility car data service. Please read, understand, and agree to these terms.
Hi there!
Here on the right, you'll find our plain-English Terms of Use. This part isn’t legally binding, so please use them only as an aid when reviewing the legal language.
1. Scope
1.1 The following terms and conditions shall apply for the use of High Mobility Car Data Service (hereinafter referred to the “Service”) which is offered by High-Mobility GmbH, Immanuelkirchstraße 8A, 10405 Berlin, Germany, registered with the commercial registers of AG Charlottenburg (Berlin) HRB 159630 B (hereinafter referred to as „High Mobility“) to End-Customers. End-Customer is an owner or user of a car and wants to have specific car data used by a third party.
In short,
Thank you for using Driver by High Mobility! These terms apply for creating an account.
2. Conditions of Use
The use of the Platform requires the acceptance of this Terms of Use and requires a registration of the user in accordance with the following clause 3.
In short,
Car data sharing to third party applications can only be done upon a successful account registration.
3. Registering / Login
3.1 The user has to insert the requested data, including a valid email address.

3.2 After registration, the user can log in each time using his/her emailaddress and password.

3.3 The user is required to keep the data entered during the registration process up to date and to make changes immediately in the user account.

3.4 The user is obliged to keep the password protected from third party access in order to prevent misuse of the user’s account. In order to avoid unauthorized use by a third party the user should log out after each use. This applies in particular if the Platform is used via a device not owned by the user. Any uses via the account will be attributed to the user. The user has the option to change the account password at any time in order to help prevent misuse of the account.
In short,
You have to have a valid email address when registering an account — and make sure to keep your password a secret.
4. Scope of Service
4.1 High Mobility provides the End-Customer the service to have specific data from his car selected by the End-Customer (Car Data) transferred from the car maker via High Mobility to a third party which will use the Car Data based on an agreement between the End-Customer and such third party. The agreement between End-Customer and the third party will specify the scope of use of the Car Data.

4.2 Condition precedent to have the Car Data be transferred is the provision of the respective Car Data by the car maker. Each third party which wants to use Car Data has to enter into an agreement with High Mobility under the High Mobility Car Data Terms of Use.

The delivery of Car Data requires the permission of the End-Customer through a Consent Flow (as defined below) which specifies the Car Data to be processed and for which purposes. The End-Customer can confirm the Car Data request through the Consent Flow, thus approving the transmission of the queried Car Data for the disclosed purpose. The End-Customer can terminate the Car Data release at any time.

Consent Flow means a digital approval process in which the End-Customer gives the Car Maker the approval to transmit Car Data to the third party via High Mobility. The Consent Flow follows with some adaptions and extensions basically the common OAuth2-Standard.

4.3 To proceed with the Consent Flow for certain Car Makers, which do not provide personal user accounts for providing approval to the Car Makers as mentioned before, the user is first required to verify their identity through a video identification process. The video identification process, in accordance with the provisions in the regulations in force on anti-money laundering, includes recording a video which will record the user's ID card and their face. The purpose of this procedure is to identify the person remotely to streamline the process by which that person is included as a customer with the appropriate legal guarantees. The information which is recorded during this process can be checked, analyzed, verified, and confirmed. After this identification procedure the user has to provide his consent to transmit the Car Data within the Platform. 
In short,
We will never access or share any of your vehicle data unless you have explicitly agreed to it prior. You are in full control of the data that is being handled by us.
5. Warranty
5.1 High Mobility does not warrant a specific availability of the Service. The Service is provided without any warranty.

5.2 The End-Customer agrees and accepts that the car makers do not provide any warranty regarding the Car Data. In addition, the End-Customer agrees and accepts that High Mobility is under no obligation as to the Car Data’s quality, quantity, completeness, accuracy or fitness for any purpose. High Mobility only transfers the Car Data “as is” and “as available” without any responsibility.

5.3 As the Service is offered free of charge, the liability for deficiency in material and defects in title is limited to fraudulent concealment of defects by High Mobility.
In short,
We do our very best to keep the platform bug-free but we can’t promise you that things will always work 100%.
6. Limitation of Liability
6.1 High Mobility assumes, for whatever legal reason, unlimited liability for damages caused by wilful intent and gross negligence, which lead to the loss of life, bodily injury or impairment to health, in which the Produkthaftungsgesetz (German Product Liability Law) stipulates mandatory liability as well as in the cases in which High Mobility has adopted a guarantee for the quality of the contractual object.

6.2 High Mobility is only liable for ordinary negligence insofar an obligation has been breached, whose fulfilment is of particular importance to the proper implementation of the contract (cardinal duty). Cardinal duties are those which are required to be fulfilled to achieve the purpose of the contract and those on whose compliance the user, as contractual partner, can trust upon regularly. The liability is limited to damages typically foreseeable for this kind of contract.

6.3 Any additional claims for damages are excluded.

6.4 The End-Customer’s claims for damages, for whatever legal reason, expire 12 months after the damage becomes known.
In short,
We are subject to mandatory liability according to German law.
7. Choice of Law / Jurisdiction
7.1 This agreement and any disputes arising from or in connection with this agreement are subject to German law. If the user is a consumer the statutory provisions of the country of the European Union apply in which the user is ordinarily resident. UN law on sales shall not apply.

7.2 If the user is a consumer the statutory provisions apply with respect to the place of jurisdiction. If the user is not a consumer the exclusive place of jurisdiction for all disputes arising from or in connection with this agreement shall be Berlin.
In short,
If something goes really wrong in our relationship, we’ll sort it out in a German court.
Updated July 2022