Terms and Conditions for NissanConnect Services
Effective as of 03-10-2016
As used in this agreement („Agreement“), the terms „you“, „your“ and „Subscriber“ shall be deemed to refer to yourself, an individual, representing yourself or, if applicable, acting as a legal representative for a company or other legal entity having purchased or leased a Nissan vehicle equipped with the NissanConnect services („Vehicle“). Also, as used in this Agreement, the terms „we“, „us“, „our“ and „Nissan“ shall be deemed to refer to NISSAN INTERNATIONAL SA, a company incorporated and existing under the laws of Switzerland with company registration number CH-550-1047524-0, and registered office at Zone d’Activités La Pièce 12, 1180 Rolle, Switzerland. In addition, the following persons and entities are intended third party beneficiaries of this Agreement: (i) Nissan International SA’s affiliates, parent company, successors and assigns; (ii) service providers and their affiliates, successors and assigns; (iii) and any employees, directors, officers, subcontractors, representatives and agents of any of the foregoing.
Our mailing address is Nissan International SA, A-one Business Center ZA La Pièce – Batiment B2, Route de l’Etraz 1180 Rolle, Switzerland. Certain NissanConnect services and other information referenced in this Agreement are available online.
Depending on its specification, your Vehicle is equipped with a NissanConnect telematics control unit and, as applicable, with a head unit and/or a navigation system that may include further communication interfaces for smartphone or other devices. This equipment can be used to provide a wide range of services and information aimed at serving you and any other driver or passenger of your Vehicle and to facilitate collection, processing and use of certain data to provide the Services (the „NissanConnect Services”).
NissanConnect Services provides the capability for the Subscriber to interact with the Vehicle and/or to use a variety of applications („applications” or „apps”) directly through the equipment of the Vehicle, or indirectly by smartphone, computer or other devices that are enabled to connect with the Vehicles telematics control unit and the Vehicle systems. The NissanConnect telematics control unit is not compatible with all smartphone or other device technologies/vendors. Additionally, older smartphones or devices may be not supported.
For safety and regulatory reasons, some services may be automatically deactivated while driving.
For more information about the compatibility with smartphones and other devices, please refer to the Website at https://cy.nissanconnect.eu/en-gb/CsmSupport/Compatibility. We are not responsible for and do not provide any guarantee or warranty regarding compatibility that currently exists between your smartphone or other devices and NissanConnect Services, and are not responsible for the lack of support or loss of services that may result.
The NissanConnect package is complimentary for two years from the warranty start date of the Vehicle; after this two-year complimentary period, the NissanConnect package is available for purchase at one-year term increments. Nissan may offer in the future (but shall be under no obligation to do so) extended packages or additional services associated with your NissanConnect package.
The Agreement describes the relationship between you and us regarding the use of the NissanConnect Services.
We work with many different companies to provide you with the NissanConnect Services. In this Agreement, „Service Provider” means any person, company, subsidiaries or affiliates or entity who provides any service, equipment, or facilities in connection with NissanConnect Services, including, but not limited to, wireless service providers, suppliers, licensors, distributors and dealers.
Some or all of the services or content provided as part of the NissanConnect Services may be provided by third party Service Providers. The Service Providers may impose further terms and conditions on providing such content and services. By using NissanConnect Services, you also agree to be bound by those additional terms and conditions. Nissan makes no representations regarding the availability of any app or of the content you select when using the NissanConnect Services and cannot be held responsible for app availability or the content provided to you.
PLEASE READ THIS AGREEMENT COMPLETELY BEFORE USING ANY NISSANCONNECT SERVICE AND KEEP A COPY FOR YOUR FILES. READ AND KEEP A COPY OF ANY ADDITIONAL NISSANCONNECT DOCUMENTS GIVEN OR SENT TO YOU. ANY NISSANCONNECT DOCUMENTS THAT SAY THEY BECOME PART OF YOUR NISSANCONNECT AGREEMENT ARE PART OF THIS AGREEMENT IF YOU ACCEPT ANY OF THE SERVICES THEY DESCRIBE.
1. NISSANCONNECT SERVICES SUBSCRIPTION PROCESS
1.1. Your Consent. By entering into this Agreement and/or using the NissanConnect Service, you agree to the practices and procedures described in this Agreement.
1.2. Activation of the NissanConnect Services and your consent. You can only get and use the NissanConnect Services by accepting this Agreement, either by executing this Agreement prior to or at the delivery of the Vehicle at the dealership or by accepting its terms on-line on the NissanConnect website („Website”) afterwards by clicking „I agree” during the service subscription process.
By accepting the Agreement, you acknowledge that you have read, accepted and agreed to be bound by the terms and conditions of this Agreement (and in particular that you consent to the collection and processing of your personal data by us in accordance with the provisions of this Agreement).
You understand and agree that the subscription to the NissanConnect Services is attached to your Vehicle and you cannot transfer the NissanConnect Services to another vehicle.
Should you choose not to subscribe to the NissanConnect Services, you will not be able to benefit from the NissanConnect Services.
It is your responsibility to inform all Vehicle drivers and passengers who wish to use the NissanConnect Services regarding the terms and conditions of this Agreement, including the aspects related to data privacy.
1.4. Access to NissanConnect Services. The NissanConnect Services may available on board through a head unit and/or a navigation system or remotely using an internet enabled computer, smartphone or other device and/or an app specifically designed for accessing the NissanConnect Services. Those apps may be made available by Nissan or by third party on behalf of Nissan and additional terms and conditions might apply to their download or use.
1.5. On-board authentication or activation of certain functionalities. In addition to your subscription to NissanConnect Services, it might be necessary to authenticate yourself at the Vehicle systems by entering user name, password or other information. Further, certain functionalities related to the collection of data may require that you or other occupants of your Vehicle actively confirm that these functionalities should be activated. For this purpose the head unit or navigation system might display an “I Agree” button or a similar function to request your confirmation. If you confirm the use of the relevant functionality, it will be activated during your entire journey and the data necessary for the operation of the functionality will be transferred to Nissan. If you do not confirm its use it will remain temporarily deactivated until the next time the Vehicle is turned on, and the relevant data will not be transferred to Nissan. Please note that if certain functionalities are deactivated you might not use all NissanServices. Further, even if some functionalities are deactivated others may still be active and allow the transfer of data
1.6. Modification of the Agreement. We may modify the Agreement at any time and from time to time in our sole discretion. Any changes will be posted on the Website (or, where appropriate, notified to you by e-mail) and will take effect as of the date on which they are posted. Your continued use of the NissanConnect Services shall constitute your acceptance of such revised terms of the Agreement. You can access the terms of the Agreement in force at any time online.We advise you to periodically review the terms of the Agreement in force carefully.
If any such change materially affects your rights under this Agreement, or negatively impacts your service in a material way, or results in higher Subscription Fees, we will provide you with notice of such change by e-mail. AFTER RECEVING THE SAID NOTICE, YOU MAY TERMINATE THE AGREEMENT OR AGREE TO THE CHANGE. IF YOU DO NOT TERMINATE YOUR AGREEMENT WITHIN 30 DAYS OF THE NOTICE, YOU WILL BE DEEMED TO AGREE TO THE CHANGE AND IT SHALL BECOME PART OF THE AGREEMENT BETWEEN US. You can get an updated copy of this Agreement, including all of its current terms and conditions, online .
1.7. Updating or Changing Subscriber Account Information. You can review, modify, correct, or update your information you provided to us on the Website at any time by updating this information directly on the Website.
2. NISSANCONNECT SERVICES DURATION AND TERMINATION
2.1. Duration. Your NissanConnect Services start as soon as you have accepted the terms of the Agreement by accepting its terms on-line as set out above and successfully completed the activation process.
Your service package of the NissanConnect Services will remain in force for an initial term of two years as of the warranty start date of the Vehicle. This means that the duration of the initial term is independent from the date of the date of activation of the NissanConnect Services. These initial terms for the service package is herein referred to as the „Initial Service Period(s)”.
The Initial Service Period is delivered free of charge for a newly purchased Vehicle that is equipped with a telematics control unit.
If you are the second or subsequent owner of the Vehicle then the NissanConnect Services package is available until the end of the complimentary Initial Service Period. If the NissanConnect Services have not been activated by the first owner, you are not entitled to the Initial Service Period.
Approximately 30 days before the expiry of the Initial Service Period for your service package, you will be notified by e-mail and you will be given the opportunity to renew your subscription on-line via the Website under the terms and conditions then in force. In case you decide to renew your subscription, or in case you are not the first owner of the Vehicle and you are activating the NissanConnect Services for the first time, you will be asked to submit an on-line form of payment and pay the subscription fee at the rate then in force („Subscription Fee”).
You will also be given the opportunity to choose an automatic renewal at the time of your first renewal. ONCE YOU HAVE VALIDATED THE RENEWAL OF YOUR SUBSCRIPTION FOR A ONE-YEAR PERIOD AND IF YOU CHOOSE THE AUTOMATIC RENEWAL OPTION, YOUR NISSANCONNECT SERVICES WILL AUTOMATICALLY RENEW, AS OF THE EXPIRY DATE OF THE INITIAL SERVICE PERIOD OR EACH RENEWAL, FOR SUCCESSIVE ONE-YEAR RENEWAL PERIODS („Renewal Service Period(s)“) UNLESS AND UNTIL THE NISSANCONNECT SERVICES ARE TERMINATED BY YOU OR US AS ALLOWED IN THIS AGREEMENT.
Each year, approximately 30 days before the expiry of each Renewal Service Period, you will be notified by e-mail and you will be given the opportunity to renew your subscription on-line via the Website. In addition, every time you decide to renew the relevant NissanConnect Services packages, your payment account will be automatically charged in consideration of the NissanConnect Services during the Renewal Service Period. By not renewing the NissanConnect services, your subscription will be automatically cancelled at the expiration day.
2.2. Your Termination Rights. You can terminate your NissanConnect Services online via the Website or at any time by contacting us. If you terminate the NissanConnect Services before the end of the Initial Service Period or Renewal Service Period as the case may be, you will not be reimbursed, and in case you choose to re-activate the NissanConnect Services later, you will be charged the full price corresponding to a full Renewal Service Period.
2.3. Our Termination and Suspension Rights.
We may terminate your NissanConnect Services at any time and without cause, in which case we will give you notice 30 days prior to the effective date of termination after which your NissanConnect Services will end. This means that we can decide to cease providing the NissanConnect Services to you at any time and for any reason, even for reasons unrelated to you or your account with us. In case we decide to terminate the NissanConnect Services in the event of termination of any agreement between us and any Service Provider on which we are dependent to provide the NissanConnect Services, we will use our best endeavours to give you the 30-day notice mentioned above.
Also, we may terminate your NissanConnect Services without prior notice to you for any good cause. This means, for example, we can terminate your NissanConnect Services immediately if you breach any part of this Agreement, if you interfere with our efforts to provide the NissanConnect Services, if you interfere with our business, or if your NissanConnect Services is used for illegal or improper purposes. You do not have any right to have NissanConnect Services reactivated, even if you cure any of these problems. We can also suspend your NissanConnect Services for network or system maintenance or improvement, or if there is network congestion, or if we suspect your NissanConnect Services are being used for any purpose that would allow us to terminate it. In such events, we will not reimburse any amounts you have paid in advance for the NissanConnect Services.
We also reserve the right, at our sole discretion, to stop offering the NissanConnect Services and not to accept the renewal of your NissanConnect Services without incurring any liability whatsoever.
2.4. If you sell your Vehicle or purchase a used Vehicle
Notification to us
If you sell your Vehicle or end its lease or if your Vehicle is scrapped or destroyed while you own or hold it prior to the expiration of the Initial Service Period, we ask you to notify us by contacting Nissan Customer Service or by removing directly the Vehicle from your account on the Website.
If you sell or transfer your Vehicle and fail to notify us, we will have no way of knowing that the Vehicle is sold and may continue to collect data in the belief that it is data concerning you. In addition, you will remain responsible for any liability incurred under this Agreement based on the use or misuse of the NissanConnect Services. We are not responsible for any privacy-related damages you may suffer if you fail to notify us of your end of lease or sale of your Vehicle. Whether or not you notify us of your end of lease or sale of your Vehicle, you agree that you shall not, nor attempt to, access or use the NissanConnect Services or any of the data relating to your Vehicle following the sale, transfer or end of lease of your Vehicle.
You understand and agree that in case you do not notify us, and in case the subsequent owner of the Vehicle subscribes to the NissanConnect Services related to the Vehicle, the new owner’s profile will overwrite your profile and your NissanConnect Services subscription will automatically end.
You cannot transfer your NissanConnect Services to another vehicle. The NissanConnect Services remain attached to the Vehicle (similar to the warranty). If you sell your Vehicle (or returned it at the end of a lease) without having cancelled your subscription, this subscription will be automatically transferred to the new owner as long as the new owner proves the ownership by calling Nissan Customer Service or by registering the Vehicle on the Website.
Termination of your NissanConnect Services
If you sell your Vehicle or end its lease, you have the opportunity to terminate this Agreement regarding your NissanConnect Services before removing it from your account on the Website but you do not need to do so.
If you do not terminate the Agreement, the subsequent owner of the Vehicle may benefit from the NissanConnect Services for free during the rest of the Initial Services Period or Renewal Service Period. By terminating this Agreement in the course of the Initial Service Period or any Renewal Service Period, the subsequent owner will not leverage the potential remaining period of your NissanConnect Services. We do not recommend such action as it will decrease the attractiveness of your Vehicle.
However, if you sell your Vehicle or end its lease, you undertake to remove the Vehicle from your account as soon as possible on the Website in order to allow the activation of the Vehicles under a new account. If we are otherwise appropriately informed that you have sold your Vehicle and ended your lease, we reserve the right to deregister the Vehicle from your account and allow the new owner or lessee to register the Vehicle on his/her account.
If you sell or transfer your Vehicle and fail to remove the Vehicle from your account, Nissan may continue to collect data in the belief that it is data concerning you. In addition, you will remain responsible for any liability incurred under this Agreement on the use or misuse of NissanConnect Services. Nissan is not responsible for any privacy-related damages you may suffer if you fail to remove the Vehicle from your account. If you are no longer the owner or the authorized user of the Vehicle you agree that you shall not, nor attempt to, access or use the NissanConnect Services in relation to such Vehicle or any data relating to the Vehicle.
3. FEES, PAYMENT, BILLING AND TAXES POLICY
The NissanConnect Services are free of charge during the relevant Initial Service Period of your service package. After its Initial Service Period, your service package will require a valid subscription; therefore, if the two-year complimentary period of your service package is over or within 30 days of being over, you must pay for the service package to continue your use of the NissanConnect Services.
If you choose not to renew your subscription to the NissanConnect Services prior to the end of the Initial Service Period of the relevant package, your NissanConnect Services will automatically end at the end of the applicable Initial Service Period. If you choose to renew your subscription according to the process described above, you agree to be charged at the then current yearly subscription fee („Subscription Fee”) in consideration of the provision of the NissanConnect Services to your Vehicle during the Renewal Service Period. At the time of the first renewal, you will have the opportunity to set an automatic renewal mechanism for the next Renewal Service Period. In such case, you understand and agree that at the end of the Renewal Service Period, your subscription to the NissanConnect Services will be automatically renewed until you express your willingness to terminate the automatic subscription mechanism or terminate the subscription itself in accordance with this Agreement .
If you are not the first owner of the Vehicle and if the NissanConnect Services had not been activated by the former owner, or if the first owner has terminated his/her subscription agreement, you will have to pay the Subscription Fee at the rate then in force to benefit from the NissanConnect Services.
You understand and agree that the subscription to the NissanConnect Services is attached to your Vehicle and you cannot transfer the NissanConnect Services to another vehicle. If you do not own or use your Vehicle during a given Initial or Renewal Service Period, we will not reimburse any part of your Subscription Fee.
If you purchase or lease a previously owned or leased Vehicle and the former owner’s or lessee’s subscription is still active and within any valid Initial or Renewal Service Period, you should register as the new owner. If you desire to use the NissanConnect Services you should subscribe and activate the NissanConnect Services online via the Website during the Initial Service Period or the Renewal Service Period, as applicable.
The NissanConnect Services are attached to the Vehicle. Once you have paid the Subscription Fee, you cannot be reimbursed for any reason whatsoever.
4. PERSONAL DATA, DATA PROTECTION
4.1. General. Nissan respects and upholds your rights under applicable law. This privacy collection statement describes how we manage any personal information we may collect from you.
4.2. Use of personal data. We will collect and use certain data in connection with your use of the NissanConnect Services. We will use such data to provide and improve the NissanConnect Services, on serving you and other occupants of your Vehicle and as further described herein. The data we collect might include personal data. By subscribing to and/or using NissanConnect services, you also consent to the collection and use of personal data by us for the purposes set out in this Agreement. We will respect your privacy and that of other occupants of the Vehicle.
4.3. Categories of personal information we collect. The types of personal information we collect depend on the Vehicle, its specification and the NissanConnect Services you have subscribed to and your use of the NissanConnect Services. We collect data you provide in connection with your NissanConnect subscription, including subscription data and contract information, the Vehicle''s identification number (VIN), name, address, User IDs, passwords, contact data of the primary driver or car owner. We may (as applicable) also collect data related to the Vehicle, its devices and system information, including navigation system ID, embedded SIM IDs, operation history and diagnostic data of vehicle systems and parts, in case of an electro vehicle electricity consumption, battery status and charging history. For the provision of the NissanConnect Services and statistical purposes, we may collect data regarding your use of the NissanConnect Services, including navigation system behaviour and parameters data, certain location data including trip stop and start location, charging locations. We further collect (as applicable) billing, payment and claims management data related to the NissanConnect Services. If you do not provide this information to us, we may not be able to provide some or all of the NissanConnect Services.
4.4. Purposes of processing of personal data. We will use the personal data we collect to provide the NissanConnect Services to you. This includes in particular services related to any communication and messaging , technical and other vehicle information, remote vehicle controls, vehicle notifications such as maintenance alerts, integrated security and safety features such as eCall or bCall functionalities, road side assistance, energy saving, trip planning and many other services that might be available under your applicable NissanConnect Service package.
We will use personal data also to enable Nissan, its affiliates and Service Providers and Nissan''s dealerships to enhance their services, products and their communications with their customers. This includes, among others, the provision of product information to you, answering questions or addressing your complaints, informing you about terms and offerings in connection with the NissanConnect Services, including special discounts or added services or functions or enhancing and personalizing the communications between you and us and the Nissan dealerships, and managing your subscription to the NissanConnect Services and your subscription account.
We may also use data for evaluation and statistical purposes, market research and for other research and development purposes, to improve the NissanConnect Services and our products in general, for infrastructure planning (such as charging stations) and/or to customize the NissanConnect Services for individual Subscribers or groups of Subscribers. We may also use the data in order to detect or prevent the abuse of the NissanConnect Services by you or any other occupant of the Vehicle.
We may (as applicable) process location data of a Subscriber''s Vehicle or other location information (depending on vehicle features) (i) to the extent necessary to provide NissanConnect Services that are based on the location of the Vehicle; (ii) if we are required to do so by applicable laws, rules and regulations and/or by binding or enforceable orders of public authorities or competent courts; (iii) in connection with our attempts to communicate with the Vehicle purchaser or recover the Vehicle pursuant to agreements governing the lease or financing of such Vehicle.
When you access the services of third party service providers (e.g. for social media accounts, media content, third party service information) by means of the NissanConnect Services or any of its functionalities or apps, we may receive, process, use and transfer such data in connection with the provision of such services. Further, any such third party service accessed through NissanConnect Services may use additional terms and conditions regulating to the use of your personal data. Nissan does not control any such terms and conditions of independent services and disclaims any responsibility or liability in this regard.
WE DO NOT SELL, RENT OR TRADE SUBSCRIBER INFORMATION OUTSIDE OF NISSAN GROUP, NISSAN DEALERSHIPS, OR OUR SERVICE PROVIDERS EXCEPT WITH YOUR CONSENT.
4.5. Use of data for promotional purposes. We will only use your contact details for promotional email, mail or telephone communications to the extent permitted by the applicable law or if you have given your prior consent. You may at any time withdraw your consent for the future use of data for promotional purposes without incurring any costs (other than your own communication cost) by selecting your preferences online at http://cy.nissanconnect.eu/en-gb/, by the methods specified in the communications we provide to you, by contacting our contact centre, or as otherwise provided by applicable laws.
When we ask you for your consent to use certain information other choices about how the information may be used will be explained. If you have withdrawn your consent to receive promotional emails or telephone calls from us, we will implement such request as soon as commercially reasonably possible after we have received the request. If a Subscriber has withdrawn its consent to receive promotional materials by regular mail, we will implement such opt-out request after receipt of the regular mail within a commercially reasonable time.
Even if you do not wish to receive promotional communications from us, we may still communicate with you via telephone (including wireless and SMS), mail, and electronic mail as necessary to provide the NissanConnect Services to you and/or maintain your subscription account.
4.6. Disclosure of personal Information. We work with many different companies to provide you with the NissanConnect Services. This includes but is not limited to mobile network providers, internet access and connectivity providers, subscription management providers, payment service providers, content providers, suppliers, licensors, leasing partners, public safety answering points, emergency responders and services providers (police, ambulance etc.), road side assistance providers, distributors, dealers and workshops.
We may disclose your personal information outside of Nissan with others such as Service Providers only to provide services for us and other specific Service Providers for the purpose of delivering the NissanConnect Services requested by the Subscriber or other occupants in the Subscriber''s Vehicle or to facilitate communication with the Vehicle purchaser, owner or occupant. For other purposes, we may provide aggregated data, anonymized data or statistics about Subscribers and related NissanConnect Services information to third parties, but this data will not include any personal identifying information. When required, we may be compelled to release personal information to comply with the applicable law or binding or enforceable orders of public authorities or courts, or to enforce or apply the terms of this Agreement.
4.7. Transfer of data outside the European Union (EU) / European Economic Area (EEA). The NissanConnect Service subscribed by you and the location where the Vehicle is used and other personal information collected in connection with the operation and use of the NissanConnect Services will be transferred to and processed by Nissan International SA’s affiliates and their Service Providers not only inside, but also outside the EU/EEA. This includes in particular (without limitation) the processing of personal data by Nissan Motor Co., Ltd in Japan and its Service Providers in Japan and/or other countries outside the EU/EEA. The data protection laws of any such third countries might not offer the same level of data protection as in the European Union or the European Economic Area. However, in case such transfer occurs, we will take adequate measures to ensure that the personal data is processed in accordance with the standards provided by the applicable legislation relating to data protection. If personal data collected and processed by us are processed by Service Providers outside of the EU/EEA they will only process any such data in in accordance with our instructions and for the purposes described above and subject to stringent data security measures.
4.8. Security. We will maintain ourselves and require our Service Providers to maintain appropriate technical, physical and administrative data security measures in order to protect any personal data under our control from loss, misuse, unauthorised access and alteration. For example, depending upon the applications, we employ the use of encryption technologies and user authentication systems such as passwords and personal identification numbers. All information is stored under commercially reasonable secure measures with access limited only to authorized employees or representatives of Nissan, Nissan affiliates and their Service Providers. We use industry standard practices to protect the privacy of Subscriber information.
Please note that the transmission of information via the internet and other third party communications networks might not be completely secure. Although we will do our best to protect the personal data, we cannot guarantee the security of the data and in particular we cannot promise or guarantee that your communications will not be intercepted by others. In providing some NissanConnect services to Subscribers, voice and data are transmitted between Nissan response centers and Subscriber Vehicles over mobile telephone networks. These networks are complex and not necessarily secure. Therefore, the privacy and security of data transmitted to and from the Vehicle cannot be guaranteed.
You agree that we will not be liable for any damages for any loss of privacy occurring in communication over such networks. If you do not notify us of a sale or transfer of your Vehicle, we may continue to send certain subscriber information or other information about your account to the address currently on file with us. In such case, we are not responsible for any privacy related damages you may suffer.
4.9. Storage period. We will retain all personal information only as long as necessary for the fulfilment of the above purposes or for a period of time necessary to comply with applicable law, any applicable statute of limitation, or the terms of this Agreement. Subject to certain exceptions, personal data will be stored for up to two years after the data has been collected unless required to fulfil contractual or other legal obligations. After such time the personal information will be deleted, blocked or made anonymous in accordance with the applicable law. Information like vehicle speed, vehicle driving direction and certain location data will be deleted or anonymized immediately after the purpose for which they have been transferred has ended but in any case not later than 24 hours after being received by the relevant data centre used by Nissan.
4.10. Right of access and correction. You can access, correct, modify, delete and/or block personal data in accordance with local data protection legislation. To exercise these rights, you can edit your account on the Websiteor contact the local contact centre of Nissan.
5. SPECIAL INFORMATION ABOUT SERVICE AND SYSTEM LIMITATIONS
5.1. Technology Ownership. Nissan and its Service Providers are and shall at all times be the owner of all right, title and interest in and to (i) any and all hardware, software and related technology, used by Nissan as a part of or in conjunction with the NissanConnect Services, and (ii) all intellectual and other proprietary rights, including without limitation all patent, copyright, trademark and trade secret rights contained therein. It is prohibited to, and you agree that you shall not, copy, decompile, disassemble, reverse engineer, make derivative works of or manipulate any technology or data or content stored or incorporated in any equipment used to receive or operate the NissanConnect Services (collectively, „Equipment Technology”), or otherwise modify or tamper with, any such equipment. You also agree not to upload, post, transmit or otherwise make available any material that contains software viruses or any other computer code, files, or programs designed to interrupt, disable or limit the functionality of the NissanConnect Services. Any and all software contained in your Vehicle is licensed solely for use in conjunction with the NissanConnect Services. Furthermore, any and all data and other content of the NissanConnect Services are protected by copyright and other intellectual property laws and all ownership rights remain with Nissan and its Service Providers. You may use the Equipment Technology only for your personal, non-commercial use in connection with the NissanConnect Services.
5.2. SIM card ownership and use. The Vehicles’ telematics unit includes one or more embedded SIM cards that will remain the property of the applicable mobile network operator. If you make any modification to the related hardware or software, or attempt to use the SIM card(s) for any other purpose, you may invalidate any applicable warranty and we shall not be responsible or liable for any failure of such hardware of software to function properly or to be able to support the NissanConnect Services.
5.3. Trademarks. NissanConnect and the Nissan logo are trademarks of Nissan Motor Co., Ltd. Other trademarks, service marks, graphics, logos and domain names appearing as part of the or on any related websites may be the trademarks of third parties. Neither your access to and use of the NissanConnect Services or such websites nor this Agreement grant you any right, title or interest or license to reproduce or otherwise use the trademarks or any third party trademarks, graphics, logos or domain names. Any goodwill in the trademarks generated as a result of your use of the NissanConnect Services will inure to our benefit.
5.4. Global Positioning System. Your NissanConnect Services work using wireless communication networks and the Global Positioning System („GPS“) satellite network. NOT ALL NISSANCONNECT SERVICES ARE AVAILABLE EVERYWHERE, PARTICULARLY IN REMOTE OR ENCLOSED AREAS, OR ON ALL CARS, AT ALL TIMES. The area that you are driving in may affect the service that we can provide to you, including but not limited to routing service. Additionally, services are not available if the GPS system is not working (map CD or DVD may be required). Certain programming limitations of the GPS system may impair our ability to determine your Vehicle''s precise location.
6. YOUR RESPONSIBILITIES
6.1. Maintaining Your Account. Your receipt of the NissanConnect Services is dependent upon your activation of the NissanConnect Services as described above. You are responsible for maintaining a valid form of payment for your service package after the expiration of any Initial Service Period or Renewal Service Period. For any additional information related to account management, please refer to the Website.
6.2. Passwords/User ID. You promise to be fully responsible for the protection of your password and user ID (provided at the dealership during the delivery or otherwise made available to you or set by yourself in accordance with the activation process). Anyone who has your password or user ID may be able to access the NissanConnect Services and neither we nor any Service Provider has any obligation to inquire about the authority of anyone using your password and user ID or other information that can be used to identify your account to request services for your Vehicle.
6.3. Proper Use of the Services. You promise not to use any NissanConnect Service for any fraudulent, unlawful, or abusive purpose, or in any way that interferes with our provision of services to our other customers. You promise you will not abuse or do anything to damage our business operations, services, reputation, employees, facilities, or those of the Service Providers. If you do any of these things, you agree you will be responsible for any amount anyone else claims from us, plus any expenses, resulting in whole or in part from that use or your actions.
You cannot resell, copy, store, reproduce, distribute, modify, display, publish, perform, transmit, broadcast, or create derivative works from any content you receive through NissanConnect Services and you cannot use any content you receive through the NissanConnect Services for commercial purposes.
6.4. Safeguarding and Use of Others'' Information. Certain information you receive through your NissanConnect Services belongs to us, the Service Providers or other third parties who provide it through us. It may be covered by one or more copyrights, trademarks, service marks, patents, or other legal protections. You promise not to use any content you receive through NissanConnect Services except as expressly authorized by us or our Service Provider. You cannot resell any of it or use it for commercial purposes. You cannot copy, store, reproduce, distribute, modify, display, publish, perform, transmit, broadcast, or create derivative works from any of it.
6.5. Other Users or Occupants of your Vehicle. YOU ARE SOLELY RESPONSIBLE FOR ANY USE OF NISSANCONNECT SERVICES IN YOUR VEHICLE, EVEN IF YOU ARE NOT THE ONE USING IT, AND EVEN IF YOU LATER CLAIM THE USE WAS NOT AUTHORIZED. YOU ARE ALSO SOLELY RESPONSIBLE FOR THE SERVICES REQUESTED BY YOU, OR BY ANYONE USING YOUR VEHICLE, THROUGH NISSANCONNECT SERVICES. You promise to educate and inform all users and occupants of your Vehicle about the NissanConnect Services and system features and limitations, the terms of the Agreement. Neither any Service Provider nor we have any obligation to inquire about the authority of anyone using your Vehicle. If you or a driver of your Vehicle uses the NissanConnect Services to commit a crime or for another improper purpose, you will be responsible for any damages owed by us as a result of such use.
7. SPECIAL NOTICES
7.1. Software, Hardware and Equipment Updates. The NissanConnect Services involve software (including Vehicle software and software used by the telematics control unit, the head unit or the navigation system) or content that we may need or want to change from time to time. We may do this remotely without notifying you first. Such changes may affect or erase data you have stored on the NissanConnect Services system in your Vehicle. We are not responsible for lost data. You do not own the NissanConnect Services software or acquire any rights to use or modify the NissanConnect Services software on your own. Your Vehicle''s systems also involve software that we may need to change from time to time. You agree that we may assist the Service Providers to do this remotely.
7.2. Mobile Network Services. You do not have any right in the mobile phone number(s) assigned to the telematics control unit of your Vehicle other than for use in connection with the NissanConnect Services. You agree that you do not have any contractual relationship with the mobile service provider and that you are not a third party beneficiary of any agreement between Nissan and the mobile serve provider. In addition, you agree that the mobile service provider has no legal, equitable or other liability of any kind to you and that, regardless of the form of the action, whether for breach of contract, warranty, negligence, liability in tort or otherwise. Your exclusive remedy and the total liability of the mobile service provider in connection with the NissanConnect Services, including failure or disruption of mobile services, is subject to the liability terms set out in this agreement.
7.3. Technology and Communications. The NissanConnect Services cannot work unless your Vehicle is in a place where our network carrier has coverage. The NissanConnect Services that involve location information about your Vehicle cannot work unless GPS satellite signals are unobstructed, available in that place and compatible with the NissanConnect Services hardware as well.
7.4. Telecommunications/GPS Changes. The NissanConnect Services system uses digital wireless telecommunications technology and GPS technology that are outside of our control. Telecommunications technologies have been known to change over time, resulting in the obsolescence of certain telecommunications networks. If the telecommunications infrastructure, the public internet or GPS technology required by the NissanConnect Services system changes in a way that results in incompatibility of those technologies with the NissanConnect Services system, then the NissanConnect Services might not work and we may be forced to terminate your NissanConnect Services. If that happens, we will notify you of the effective date of termination and describe each of our rights and obligations. We are not responsible for and do not provide any guarantee or warranty regarding the telecommunications technology and GPS used to support NissanConnect Services. We are not responsible for any modifications made by those who provide these technologies, and any loss of service resulting from it.
7.5. Content Providers. Certain Service Providers impose further terms and conditions on providing services (for example, the end user terms covering navigation and location data). By using NissanConnect Services, you also agree to be bound by those additional terms and conditions. Nissan makes no representations regarding the availability of any applications or of the content you select when using the NissanConnect Services and cannot be held responsible for application availability or the content provided to you.
7.6. Maps and Navigation. The routing data that we provide to you is based on the map information available to us during the manufacturing process, but may be inaccurate or incomplete when first used by you. For example, our routing data may not include information about one-way roads, turn restrictions, construction projects, seasonal roads, detours or new roads. It may suggest using a road that is now closed for construction or a turn that is prohibited by signs at the intersection. In addition, traffic, weather and other events may cause road conditions to differ from the results generated. Therefore, you should always use good judgment, obey traffic and roadway laws and instructions and evaluate whether it is safe and legal based on current traffic, weather and other conditions to follow the directions provided by the NissanConnect Services or your Vehicle''s navigation system. Nissan makes no representations regarding the completeness or accuracy of the map information provided to you other than it is based on the most current map information available to us when you subscribe to the NissanConnect Services. Nissan will not be held responsible for any inaccuracies or incompleteness of the map data provided to you.
7.7. Geography and Environment. There are other circumstances that we do not and cannot control that may prevent us from providing NissanConnect Services to you at any particular time or place, or that may impair the quality of the NissanConnect Services. Some examples are hills, tall buildings, tunnels, weather, electrical system design and architecture of your Vehicle, damage to important parts of your Vehicle in an accident, or wireless phone network congestion. Nissan will not be responsible or liable for any inability to use the NissanConnect Services due to any of the above circumstances.
7.8. Outside Our Control. We are not responsible for any delay or failure in performance if such failure or delay could not have been prevented by reasonable precautions. Additionally, we are not responsible if such failure or delay is caused by acts of nature, or forces or causes beyond our reasonable control. Examples include public utility electrical failure, acts of war, government actions, terrorism, civil disturbances, labor shortages or difficulties (regardless of cause), or equipment failures including Internet, computer, telecommunication or other equipment failures.
7.9. Available Information. The NissanConnect Services may be limited to certain geographic areas where map data and/or content providers are available in those areas, which may be less than that which is otherwise generally available.
7.9. Vehicle integrity and information. For use of the NissanConnect Services your Vehicle must have a working electrical system including, in case of an electro vehicle, adequate battery power. The NissanConnect Services may not work if you try to add, connect or modify any equipment or software in your Vehicle (such as plugging devices in to the Vehicle’s electrical system or diagnostic port, or otherwise modifying the Vehicle).
8. WARRANTIES & LIABILTY
8.1. No Warranties. Warranties are special kinds of promises. Your Vehicle''s limited warranty or hardware maker''s limited warranty (if applicable) includes the NissanConnect Services equipment in your Vehicle, BUT DOES NOT COVER THE NISSANCONNECT SERVICES OR THE WIRELESS SERVICE. In addition, we cannot promise uninterrupted or problem-free service, and cannot promise that the data or information provided to you will be error-free. ALL DATA AND INFORMATION IS PROVIDED TO YOU ON AN „AS IS“ BASIS. NEITHER WE, NOR ANY THIRD PARTY BENEFICIARY, MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, ABOUT NISSANCONNECT SERVICES OR ABOUT ANY DATA OR INFORMATION OR SERVICES PROVIDED THROUGH IT. THIS MEANS, AMONG OTHER THINGS, TO THE EXTENT PERMITTED BY LAW NO WARRANTIES OF CONTENT, QUALITY, ACCURACY, TIMELINESS, COMPLETENESS, CORRECTNESS, RELIABILITY, NONINFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. TO THE EXTENT PERMITTED BY LAW ALL SUCH WARRANTIES ARE EXPRESSLY EXCLUDED BY THIS AGREEMENT.