Terms of Service for Audi connect e-tron services (Audi A3 Sportback e-tron)

Effective October 23, 2015

Congratulations on purchasing or leasing an Audi e-tron vehicle (your “Vehicle”). Your Vehicle contains hardware and software (“Equipment”) that enables you to receive certain Audi connect e-tron services (the “Audi connect e-tron services” or the “Service”) as part of the service plan that is included for an introductory period with your Vehicle and as a subscription service after the introductory period ends (“Service Plan”). Information about the Service and each of the Service Plans is available at etron.audiusa.com (the “Audi connect e-tron services website”). These Terms of Service specifically relate to the Audi connect e-tron services, defined as the current suite of services available exclusively on Audi e-tron vehicles, including Remote Battery Charging, Remote Pre-Trip Climatization, Remote Vehicle Status (including vehicle location), Remote Trip Statistics, and Remote Departure Time Programming. For Terms of Service related to all other Audi connect services, please see https://www.myaudiconnect.com/#/carrier/terms.

The Service is provided to you by Audi of America, Inc. (“AoA”), an operating division of Volkswagen Group of America, Inc., together with Verizon Telematics Inc. (“VTI”) referred to as “we” “us” or “our” in these Terms of Service.

These Terms of Service set forth the agreement between you and us with respect to the Service. You will not be able to use the Service unless you agree to these Terms of Service. Please read these Terms of Service before you start using the Service. You can obtain more information by visiting the Audi connect e-tron services website or by calling Audi at 1-844-573-8766. In addition, your use of the Service, any mobile application associated with the Service, and the Audi connect e-tron services website is subject to the Audi connect e-tron services Privacy Statement, which is incorporated by reference into these Terms of Service. A copy of the Privacy Statement is available on the Audi connect e-tron services website. The parent, subsidiaries and affiliates of AoA, including but not limited to Volkswagen AG and Audi AG (together with AoA, the “Audi Companies”) as well as the parent, subsidiaries and affiliates of VTI (together with VTI, the “Verizon Companies”), are third party beneficiaries under these Terms of Service and the protections set forth in these Terms of Service, including without limitation, the disclaimers of warranties and limitations of liability, shall extend to them.

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE USE OF OR ANY RELIANCE UPON ANY INFORMATION OR CONTENT AVAILABLE THROUGH THE SERVICE IS SOLELY AND COMPLETELY AT YOUR OWN RISK AND RESPONSIBILITY.  IT IS YOUR SOLE RESPONSIBILITY TO ENSURE THAT YOU (AND/OR ANY OTHER OCCUPANT OF YOUR VEHICLE) EXERCISE GOOD JUDGMENT AND OBEY TRAFFIC AND ALL OTHER APPLICABLE LAWS AND REGULATIONS, WHEN OPERATING YOUR VEHICLE; USING THE EQUIPMENT AND SERVICE; AND/OR EVALUATING WHETHER THE USE OF ANY OF THE SERVICES (OR THE ROUTING AND DIRECTION DATA YOU RECEIVE) IS SAFE AND LEGAL UNDER THE CIRCUMSTANCES.

1. Starting Your Audi connect e-tron services

In order to use the Service, you must agree to these Terms of Service. The terms of your specific Service Plan are part of these Terms of Service. You will be bound by these Terms of Service if either: (i) your Vehicle purchase or lease agreement contains a provision that says you agree to these Terms of Service; (ii) you sign a contract that includes these Terms of Service; (iii) you purchase or lease a Vehicle that includes the Service in the purchase or lease price and you register for the Service at your Audi dealer; (iv) you authorize your Audi dealer to register for the Service on your behalf; or (v) you or someone you authorize to use your Vehicle and the Service uses the Service or accepts any of its benefits. Once you accept these Terms of Service you are responsible for your own compliance with these Terms of Service and for compliance by occupants of your Vehicle and anyone using your Service account, whether or not authorized by you.

2. Discontinuing Your Audi connect e-tron services During the Introductory Period

You may cancel the Service during the introductory period, if any, included with the purchase or lease of your Vehicle, by contacting an Audi connect e-tron services customer service representative at 1-844-573-8766.

3. Changes to Terms of Service

We can change these Terms of Service; change, add or delete Services and Service Plans; and change the prices we charge for each Service Plan, at any time. All Audi connect e-tron services may cease at any time. Any change in prices for your Service Plan will not take effect until the current term of your Service Plan has expired. If a change materially affects your Service or your rights under this agreement, we will notify you of such change by mail, email or posting of amended terms. You can cancel this Agreement if you do not agree to the change, but if you do not notify us within 30 days after we give you notice of the change, then the change will become part of this agreement.

4. Registering with Us

If you wish to get the full benefit of your Service Plan, it is important that you register for the Service at your Audi dealership. Until you register, the Service will not be available. You will be asked to provide identification information as part of the registration process and may be required to provide a credit card. 

5. Service Costs, Taxes and Other Charges, Payment Provisions

a) Introductory Period

The introductory period for your Service Plan, if any, starts on the date that you purchased or leased your Vehicle and continues for the time specified in your Service Plan. There may be no additional charge to you if an introductory period for a Service Plan is included with the purchase or lease of your Vehicle. You can learn about the features included in your Service Plan, additional features that may be available to you, and the prices for Service Plans and additional features (the “Service Rates”) on the Audi connect e-tron services website or by calling us at 1-844-573-8766. Information may also be available in an informational brochure that may be available from your Audi dealer. Your service must be registered at your Audi dealership. You may call us at 1-844-573-8766 if you wish to cancel any introductory period included with the purchase or lease of your Vehicle.

b) Renewal After Introductory Period

After any included introductory period ends, the Service will be discontinued unless you renew your subscription with a valid credit card or through any other means of electronic payment acceptable to us, and provide us with appropriate authorization to charge the credit card or use such other acceptable means of electronic payment. If we have an acceptable and valid means of payment on file for you and we have obtained appropriate authorization, your current Service Plan will automatically renew for whatever period is provided for in the Service Plan to which you agreed, unless you or we cancel or terminate in accordance with the terms hereof, or unless either of us provides notice to the other of non-renewal at least fifteen (15) days prior to the end of the current term. Unless otherwise permitted (or required) by law, rule or regulation, we will provide you with notice at least thirty (30) days before your current Service ends, so that you can decide and notify us if you do not want to continue your Service. To the extent a longer period is required by law, rule or regulation, we will provide you with notice within such period.

c) Taxes and Surcharges

Once the introductory period for your Service Plan ends and if you renew your subscription thereafter, Service Rates will not include certain taxes and surcharges that may apply to your Service. To the extent applicable, as determined by us in our sole discretion, in addition to Service Rates, we may charge state and local sales taxes and surcharges for federal and state Universal Service Fund contributions. Charges may also include a cost recovery surcharge. You agree to pay such amounts. Surcharges are typically assessed to help defray our costs (or the costs of our wireless Service Providers) incurred in complying with federal and state telecommunications regulations. Surcharges are not taxes or fees that the government requires from consumers. In addition to all applicable Service Rates, you agree to pay all taxes and surcharges charged to you by us. The applicable taxes and surcharges will be added to your bill.

d) Payment Methods and Your Payment Responsibilities

Once the introductory period for your Service Plan ends and if you renew your subscription thereafter, you are responsible for paying all amounts due on time and in full. All charges (including all Service Rates, taxes and surcharges) shall be paid in advance of the term to which they apply and are non-refundable (except as otherwise provided in these Terms of Service). If at any point in the future you have a valid and current form of payment on file with us, we will charge you in advance for the next term of Service. If your payment information has changed at the time payment is due, you must arrange for payment or provide us with updated payment information, or else we may discontinue the Service. We may terminate or suspend your Service (in whole or in part) without notice to you, if your credit, charge or debit card provider refuses a charge from us or if such card has otherwise expired. Even if we terminate or suspend your service, you will still be responsible for any charges due at the time of such suspension or termination.

You expressly consent and authorize us to: (1) verify, either ourselves or through third parties, your credit, charge or debit card information; (2) receive updated account information from the financial institution issuing your credit, charge or debit card; (3) review your credit history and obtain credit reports to determine your creditworthiness; and (4) charge all amounts for which you are responsible to the credit, charge or debit card account number you have provided. We will only use this information in connection with determining whether to provide you with or charge you for the Service and as permitted by the Audi connect e-tron services Privacy Statement.

e) Disputed Charges

If after the introductory period for your Service Plan ends and you have renewed your subscription you think that there has been an error in any charge billed by or through us, you must notify us within sixty (60) days, or such longer period as required by law, after the charge is posted to your account to request an adjustment. If you do not contact us about the disputed charge within this time period, you agree that you have waived your right to dispute the charge and must pay all amounts due in full.

6. Termination, Suspension, Reactivation, Change and Transfer of Service

a) Our Rights to Suspend or Terminate the Service

We can decide to either issue a warning or suspend or terminate the Service at any time for any reason in our discretion, including for network or system maintenance, improvement, congestion, or failure or if we suspect your Service (in whole or in part) is being used for any unauthorized or inappropriate purpose, as a result of your breach of these Terms of Service or for reasons unrelated to you or your account with us. If suspension or termination of the Service occurs for any reason, you acknowledge and agree that you may not be able to access the Service. In addition, if we are advised by your financing company or any Audi Company that you no longer own or lease your Vehicle, we may terminate your Service.

If we elect to terminate your Service (in whole or in part) as a result of your breach of these Terms of Service or unauthorized use of the Service or Equipment, you will not be entitled to any refunds or credits. If we terminate your Service for convenience, you will be entitled to a pro-rated refund for the unused portion of a monthly, annual or multi-year subscription after the introductory period if you have renewed the Service.

b) Your Right to Cancel the Service/Credits

You may cancel the Service at any time by contacting one of our customer service representatives and notifying us that you want to cancel Service. Unless your Service Plan specifies otherwise, you will not be entitled to a refund of any amounts that you have paid in advance. In no event will you be entitled to a refund (i) for any payment that was included in the purchase or lease price of your Vehicle, or (ii) for any one-time activation fees or transaction-based fees, if any, you may have incurred. Once the introductory period for your Service Plan ends and if you renew your subscription thereafter, we may in our sole discretion give a credit (the amount of which is determined by us in our sole discretion) for continuous Service interruption of more than 24 hours on a case-by-case basis, if such interruption was reasonably within our control, as determined by us in our sole discretion, and if you notify us within seven (7) days of the continuous interruption. Any such credit shall constitute your sole and exclusive remedy for such failures, and you waive and release us and our Service Providers from any further liability to you in connection therewith.

c) Reactivation of Service

You do not have any right to have your Service reactivated, even if you cure any of the issues that resulted in the termination or suspension of your Service. It is solely our decision as to whether to allow you to have Service again. If we do decide to reactivate your Service, we have the right to charge a reactivation fee.

d) Transfer of Service, Sale of Vehicle, Termination of Lease

You cannot transfer the Service to another person or to another Vehicle without our prior consent.

You must notify us if you sell your Vehicle or end its lease. If you fail to notify us, you will remain responsible for all charges for any Service incurred in connection with such Vehicle once the introductory period has ended. It is your responsibility to remove all data and content (including any personal information), if any, that you may have stored on your system before you sell or transfer your Vehicle, to the extent permitted by the Equipment. You must also notify the new owner if any services or features are active when you transfer the Vehicle, and you must disclose to the new owner that those services or features involve the collection, use and sharing of data as described in these Terms of Service and the Audi connect e-tron services Privacy Statement.

We may communicate with you about the Service by providing you with messages through the Equipment in your Vehicle. If you fail to notify us of a sale or transfer of your Vehicle or termination of your lease, we may continue to send messages to the Equipment in your Vehicle. We are not responsible for any privacy related damages you may suffer as a result of such a failure to notify us of a sale or transfer of your Vehicle.

7. Authority to Use, Cancel, Change or Transfer Your Service/Service Plan

We will only accept requests from you (or from someone we believe is you, or someone with your authorization, such as your authorized agent) to use, activate, cancel, reactivate, or transfer the Service. You agree that we can assume that anyone who provides your Personal Information Number (which is assigned to you upon the initiation of your Service Plan) or other authentication information or supplies your credit, charge or debit card number is authorized to act in your behalf, and that we shall have no responsibility or liability for anything that may arise from our providing any services to, or acting upon instructions from any such individual, even if such individual is not, in fact, authorized by you to use your Personal Identification Number or account.

8. Your Responsibilities

a) Your Responsibility for the Proper Operation of Your Vehicle and Proper Use of the Service

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE USE OF OR ANY RELIANCE UPON ANY INFORMATION OR CONTENT AVAILABLE THROUGH THE SERVICE IS SOLELY AND COMPLETELY AT YOUR OWN RISK AND RESPONSIBILITY. IT IS YOUR SOLE RESPONSIBILITY TO ENSURE THAT YOU (AND/OR ANY OTHER OCCUPANT OF YOUR VEHICLE) EXERCISE GOOD JUDGMENT AND OBEY TRAFFIC AND ALL OTHER APPLICABLE LAWS AND REGULATIONS, WHEN OPERATING YOUR VEHICLE; USING THE EQUIPMENT AND SERVICE; AND/OR EVALUATING WHETHER THE USE OF ANY OF THE SERVICES (OR THE ROUTING AND DIRECTION DATA YOU RECEIVE) IS SAFE AND LEGAL UNDER THE CIRCUMSTANCES.

b) Your Responsibility for Insuring Your Vehicle

The Service is provided to you as a convenience. The Service is no substitute for insurance. Neither we nor our Service Providers are an insurance company. You should not consider the Service as insurance or rely on it to limit the potential for loss, theft or damage to your Vehicle or property. The payments you make for the Service bear no relation to your Vehicle’s value or that of any property you may keep in it. You are solely responsible for obtaining and maintaining insurance covering personal injury, loss of property, and other risks covering yourself, those who operate your Vehicle, your passengers and anyone else claiming any damages, and release us from any such responsibility. No insurance company or insurer will be entitled to any right of subrogation against us or our Service Providers.

c) Your Responsibility for Maintaining Your Vehicle

In order for us to provide the Service, the Equipment in your Vehicle must be in good working order and your Vehicle must have a working electrical system and adequate battery power. The Service may not work if you try to modify the Equipment or add any equipment or software in or to your Vehicle that is not expressly authorized by us or is not compatible with the Equipment or Service. You are solely responsible for the proper maintenance of your Vehicle and its systems (including the Equipment) and for keeping it in good working order and in compliance with these Terms of Service and all applicable laws.

d) No Illegal, Fraudulent or Abusive Use of the Service

You may not use the Equipment, the Service, the Service mobile applications, or the Audi connect e-tron services website in any way that is illegal, fraudulent or abusive, including to harass, threaten, abuse, defame, or slander, any individual or entity. You may not use the Service in a manner that interferes with any other customer’s use of our Service or our provision of our Service to our other customers. You agree you will not abuse or do anything to damage our or any of our Service Providers’ respective business, operations, services, reputation, employees, equipment, property or facilities. You further agree that you will not harass, threaten or use vulgar and/or inappropriate language towards any customer service representatives.

e) No Commercial Use or Resale of the Service

The Service, including the messages, data, information, content, or other material provided as part of the Service, are provided only for your non-commercial use, and not for re-sale. Certain information you receive through the Service belongs to us or our Service Providers (or other third parties) and may be subject to one or more copyrights, trademarks, service marks, patents, or other legal protections. You may not (and may not permit or cause any other party to) sell or resell or otherwise use the Service or any information provided through the Service for commercial purposes, nor may you reproduce, copy, modify, make derivative works from or otherwise display or distribute information provided through the Service.

f) No Rights to Telephone Numbers or Other Addresses

You have no property right in any number, address or other communication identifier that may be assigned to you or to the Equipment in connection with the Service. Any such number, address or identifier may be changed from time to time.

g) Your Responsibility for Others Who Use Your Vehicle

You are solely responsible for those who use the Service in your Vehicle or use your Personal Identification Number or other authentication information, even if you later claim the use was not authorized, and you will be responsible and promptly pay for any charges arising from such use, and any damages to or expenses incurred by us or any of our Service Providers as a result of such use. Neither we nor any Service Provider has any obligation to inquire about the authority of anyone using your Vehicle or Personal Identification Number or other information that can be used to identify your account to request the Service for your Vehicle. You are responsible for the security of your Personal Identification Number and any passwords you use to access the Service. We will make any changes to your account or charge you for any amounts authorized by a person who provides your Personal Identification Number or other authentication information that can be used to access your account. 

9. How the Service Works, Our Service Providers, Restrictions and Limitations

a) Our Service Providers

We work with many different companies, individuals and government entities to provide you with the Service. These Service Providers include, for example and without limitation, telecommunications providers, wireless Service Providers, vehicle distributors and dealers, equipment and software manufacturers, licensors, content providers, and any parties who provide any service, equipment, content, feature or facilities in connection with the Service. These parties are collectively referred to in these Terms of Service as our “Service Providers.” In some cases, one or more of the Audi Companies or Verizon Companies may be a Service Provider. In the event any of our Service Providers impose additional terms and conditions on the services they provide, by accessing such services you agree to comply with any additional terms and conditions imposed by them, which will available on the Audi connect e-tron services website.

b) How the Service Works, Coverage Area 

The Service generally works using wireless communication networks of our wireless Service Providers and the Global Positioning System (“GPS”) satellite network. The Equipment in your Vehicle receives GPS signals and communicates with our response centers through the use of wireless and landline communications networks. The location of your Vehicle, particularly in remote or enclosed areas, may affect the availability and quality of the Service that we are able to provide to you. Some or all of the Service may not be available in all areas and may only be available if your Vehicle is in a geographic area covered by the service network footprint (and within operating range) of one of our wireless Service Providers and is able to receive GPS signals. Service is currently only available in the continental United States (including the District of Columbia), Alaska, Hawaii and Puerto Rico.

c) Software

We use software in connection with the Service. We (or our Service Providers) own or have rights to all such software and you do not acquire any rights in such software other than the right to use such software as reasonably necessary for you to use the Service as permitted in your Service Plan and these Terms of Service. We may update or modify the software contained in your Vehicle’s systems or the Equipment from time to time, and we may do this remotely without notifying you or seeking your consent. Your Vehicle’s systems and the Equipment also may contain or utilize software that we and/or our Service Providers may need to update or change from time to time. You agree that we may assist them to make such updates or changes that they request remotely without advance notice or your consent. These software updates and modifications may affect or erase data that you have previously stored on the Equipment in your Vehicle (such as specific route or destination information). We are not responsible for any lost or erased (or otherwise affected) data and you are solely responsible for the data that you may have downloaded, uploaded, transmitted or otherwise stored from, to, on or through the Equipment or Service.

 e) Events Beyond Our Control 

Various conditions beyond our control may prevent or delay us from providing Service to you, or affect the quality of the Service. Some examples are atmospheric, geographic, or topographic conditions (such as tall buildings, hills or tunnels), damage to or failure to maintain your Vehicle or the Equipment in good working order, government laws, rules or regulations, failure, congestion or outages of utility or wireless networks (including interruption of cellular service), war, act of God, natural disaster, inclement weather, and labor strikes. In the event of any of the foregoing, we may, in our discretion, suspend or terminate the Service (in whole or in part) or terminate your Service Plan, without notice to you and without any liability, except for refunding any prepaid amounts paid after the introductory period if you have renewed the Service on account of a termination under such circumstances. We are not responsible for delay or failure in providing Service due to conditions beyond our control and you are not entitled to credit or refund as a result of any such delay or failure.

In the event of any regulatory, governmental or other legally-compelled changes, or discontinuation or change of necessary telecommunications systems and services (e.g., if our wireless Service Provider terminates or restricts wireless services of the type used by your Vehicle’s Equipment), you are solely responsible for replacing, as well as the cost of replacing, any Equipment that is necessitated as a result of such change or discontinuation, except that if such change occurs during your Vehicle’s base warranty period, while you will still be responsible for the cost of such replacement, we will be responsible for obtaining and providing you with the necessary replacement materials (if applicable).

10. Collection and Use of Your Vehicle and Subscriber Data

For more information about our data collection use and practices, please refer to the Audi connect e-tron services Privacy Statement available through etron.audiusa.com, which is incorporated herein by reference.

11. Disclaimer of Warranties

NEITHER WE NOR OUR SERVICE PROVIDERS WARRANT OR GUARANTEE THAT SERVICE WILL BE AVAILABLE AT ANY SPECIFIC TIME OR AT ALL TIMES OR AT OR TO ANY GEOGRAPHIC LOCATION, OR THAT THE SERVICE WILL BE PROVIDED WITHOUT INTERRUPTION, DELAY OR ERROR. NEITHER WE NOR ANY OF OUR SERVICE PROVIDERS MAKE ANY WARRANTIES, EXPRESS OR IMPLIED ABOUT (1) THE EQUIPMENT OR ANY OTHER HARDWARE OR SOFTWARE USED WITH THE SERVICE, (2) THE SERVICE, (3) NONINFRINGEMENT, OR (4) ANY DATA OR INFORMATION OR OTHER SERVICES PROVIDED THROUGH THE SERVICE. THIS INCLUDES, WITHOUT LIMITATION, WARRANTIES OF TITLE, CONTENT, QUALITY, ACCURACY, TIMELINESS, COMPLETENESS, CORRECTNESS, RELIABILITY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OR USE. ALL SUCH WARRANTIES ARE EXPRESSLY EXCLUDED BY THESE TERMS OF SERVICE. WE EXPRESSLY DISCLAIM ANY AND ALL EXPRESS AND IMPLIED WARRANTIES.

The only warranties applicable to the Equipment in your Vehicle are those extended as part of your purchase or lease of your Vehicle. Such warranty does not cover the Service, in whole or in part. This warranty is not from us or binding on us and you must contact the Vehicle maker or dealer directly for any questions on such a warranty.

12. Limitation of Liability

BY ENTERING INTO THESE TERMS OF SERVICE OR BY USING THE EQUIPMENT OR SERVICE, YOU ARE WAIVING IMPORTANT RIGHTS, AND YOU ARE PROVIDING YOUR EXPRESS CONSENT TO VARIOUS ACTIONS TO BE TAKEN BY US AND OUR SERVICE PROVIDERS (AS DESCRIBED HEREIN).

Neither we, nor any Audi Company, Verizon Company, nor our Service Providers assume any risk or responsibility for your use of the Service, or any of the information or other content provided as part of the Service. You acknowledge and agree that neither we, any Audi Company, Verizon Company, nor any of our Service Providers are liable for interrupted service, or for problems caused by or contributed to by you, by any third party, by buildings, hills, tunnels, network congestion, atmospheric conditions, acts of God or natural disaster or by any other conditions or circumstances out of our control (as further described above in Section 9(e) of these Terms of Service).

In addition, neither we, any Audi Company, Verizon Company, nor our Service Providers are liable (1) for our inability to contact any Service Provider or other party in any particular situation, (2) for any act or omission of any other company furnishing a part of our Service or any equipment provided for such Service, (3) for errors or omissions of any vendors, dealers or manufacturers participating in offers made through us, or (4) for any damages that result from or arise out of the use, installation, repair or maintenance by you (or by any person you authorize) of the Equipment or Service, or any product or service provided by or manufactured by third parties.

IF WE, ANY AUDI COMPANY, VERIZON COMPANY, AND/OR ANY OF OUR SERVICE PROVIDERS ARE FOUND TO BE LIABLE TO YOU FOR ANY REASON, YOU AGREE THAT THE MAXIMUM, AGGREGATE LIABILITY OF US, ANY AUDI COMPANY, VERIZON COMPANY, AND OUR SERVICE PROVIDERS TO YOU, AND YOUR EXCLUSIVE REMEDY UNDER ANY THEORY OR FOR ANY CAUSE WHATSOEVER (INCLUDING BUT NOT LIMITED TO ANY FAILURE OR DISRUPTION OF SERVICE PROVIDED UNDER THESE TERMS OF SERVICE, FRAUD, MISREPRESENTATION, BREACH OF CONTRACT, PERSONAL INJURY, OR PRODUCTS LIABILITY), SHALL BE LIMITED TO AN AMOUNT EQUAL TO THE PORTION OF THE SERVICE RATES CHARGED TO YOU AFTER THE INTRODUCTORY PERIOD FOR THE SERVICES THAT ARE THE SUBJECT OF THE CLAIM FOR THE PERIOD OF SERVICE DURING WHICH ANY RESULTING DAMAGES OCCURRED AFTER THE INTRODUCTORY PERIODYOU ACKNOWLEDGE AND AGREE THAT NEITHER WE, NOR ANY AUDI COMPANY, VERIZON COMPANY, NOR ANY SERVICE PROVIDER WOULD HAVE AGREED TO PROVIDE THE SERVICE OR EQUIPMENT TO YOU WITHOUT YOUR AGREEMENT TO THIS LIMITATION. YOU FURTHER ACKNOWLEDGE AND AGREE THAT THE DAMAGES CAP SET FORTH IN THIS PARAGRAPH SHALL BE THE SOLE AND EXCLUSIVE LIABILITY OF US, ANY AUDI COMPANY, VERIZON COMPANY, AND OUR SERVICE PROVIDERS TO YOU.

IN NO EVENT SHALL WE, ANY AUDI COMPANY, VERIZON COMPANY, OR OUR SERVICE PROVIDERS BE LIABLE TO YOU OR ANY OTHER PARTY FOR, AND YOU CANNOT RECOVER ANY, (A) PUNITIVE, EXEMPLARY, TREBLE, CONSEQUENTIAL, INDIRECT, OR SPECIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUE (REGARDLESS OF WHETHER WE, ANY AUDI COMPANY, VERIZON COMPANY, OR OUR SERVICE PROVIDERS HAVE BEEN NOTIFIED THAT SUCH LOSS MAY OCCUR); OR (B) ATTORNEYS’ FEES. YOU AGREE NOT TO MAKE, AND TO WAIVE TO THE FULLEST EXTENT ALLOWED BY LAW, ANY CLAIM FOR DAMAGES OTHER THAN DIRECT, COMPENSATORY DAMAGES AS LIMITED ABOVE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THOSE PARTICULAR LIMITATIONS MAY NOT APPLY TO YOU.

You understand and agree that we, any Audi Company, any Verizon Company and our other Service Providers, including without limitation the wireless carriers, shall have no legal, equitable, or other liability of any kind to you in any event, regardless of the form of the action, whether for breach of contract, warranty, negligence, strict liability in tort or otherwise relating to or arising from the Service and you waive any and all such claims or demands. If any Audi Company, Verizon Company, or any of our Service Providers are involved in any problem, you also agree to any limitations of liability that such entity imposes on its customers. 

13. Indemnification; Release

You agree to defend, indemnify and hold harmless us, each Audi Company, Verizon Company, and each of our Service Providers, and each of our or their respective affiliates, officers, directors, agents, partners and employees, from and against any and all liabilities, settlements, penalties, claims, causes of action, and demands (including any costs, expenses, or attorneys’ fees on account thereof) (collectively “Claims”) irrespective of the nature of the cause of such Claims, alleging loss, costs, expenses, damages or injuries (including without limitation Claims for libel, slander, or any property damage, personal injury or death), arising in any way, directly or indirectly, in connection with your (or any occupant of your Vehicle’s) violation of these Terms of Service or your (or any occupant of your Vehicle’s) misuse or failure to use the Service or Equipment.

You agree that the limitations of liability and indemnities in these Terms of Service will survive even after your Service Plan has ended and your Service has been cancelled or terminated. These limitations of liability apply not only to you, but to anyone using your Vehicle, the Equipment or the Service, to anyone making a claim on your behalf, and to any claims made by your family, employees, customers, or others arising out of or relating to any Service we or our Service Providers provide or the Equipment.

WITHOUT LIMITATION OF THE GENERALITY OF THE FOREGOING, YOU FURTHER AGREE TO RELEASE US, EACH AUDI COMPANY, VERIZON COMPANY, AND EACH SERVICE PROVIDER FROM ALL CLAIMS, LIABILITIES AND LOSSES IN CONNECTION WITH THE SERVICE AND/OR EQUIPMENT, INCLUDING, BUT NOT LIMITED TO CLAIMS FOR PERSONAL INJURY OR PROPERTY DAMAGE ARISING FROM THE TOTAL OR PARTIAL FAILURE OF PERFORMANCE OF THE SERVICE, EVEN IF CAUSED BY THE NEGLIGENCE OF US, ANY AUDI COMPANY, VERIZON COMPANY, OR ANY OTHER SERVICE PROVIDER, OR THE MALFUNCTION OF THE EQUIPMENT. YOU AGREE THAT THIS RELEASE EXTENDS TO ANY PARTY CLAIMING UNDER YOU AND THAT NO INSURANCE COMPANY WILL HAVE ANY RIGHT OF SUBROGATION.

14. Dispute Resolution

YOU AND WE AGREE THAT IN THE EVENT OF ANY DISPUTES BETWEEN US, WE WILL FIRST TRY TO RESOLVE IT BY TALKING WITH EACH OTHER. IF WE ARE UNSUCCESSFUL IN RESOLVING OUR DISPUTES IN THIS MANNER WITHIN A REASONABLE TIME PERIOD, YOU AND WE AGREE THAT, TO THE FULLEST EXTENT PROVIDED BY LAW:

(1) ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE, OR TO ANY PRODUCT OR SERVICE PROVIDED UNDER OR IN CONNECTION WITH THESE TERMS OF SERVICE, WILL BE SETTLED BY INDEPENDENT ARBITRATION INVOLVING A NEUTRAL ARBITRATOR AND ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) UNDER WIRELESS INDUSTRY ARBITRATION (“WIA”) RULES, AS MODIFIED BY THESE TERMS OF SERVICE. WIA RULES AND FEE INFORMATION ARE AVAILABLE FROM US OR THE AAA. ARBITRATION IS NOT A COURT PROCEEDING. THE RULES OF ARBITRATION DIFFER FROM THE RULES OF COURT. THERE IS NO JUDGE OR JURY IN AN ARBITRATION PROCEEDING;

(2) EVEN IF APPLICABLE LAW PERMITS CLASS ACTIONS OR CLASS ARBITRATIONS, YOU EXPRESSLY WAIVE ANY RIGHT TO PURSUE ON A CLASS BASIS ANY SUCH CONTROVERSY OR CLAIM AGAINST US, AN AUDI COMPANY, VERIZON COMPANY, OR ANY OF OUR SERVICE PROVIDERS, OR ANY OF OUR RESPECTIVE AFFILIATES, OFFICERS, DIRECTORS, AGENTS, PARTNERS, LICENSORS, EMPLOYEES OR PREDECESSORS IN INTEREST. IF MULTIPLE CLAIMS ARE JOINED IN ONE ACTION, SOME OF WHICH WOULD NOT BE SUBJECT TO ARBITRATION, THE LATTER CLAIMS MUST BE STAYED UNTIL ANY CLAIMS IN THAT ACTION THAT ARE SUBJECT TO ARBITRATION HAVE BEEN RESOLVED. IF CLAIMS ARE ASSERTED AGAINST MULTIPLE PARTIES, SOME OF WHOM ARE NOT REQUIRED TO ARBITRATE, THE CLAIMS SUBJECT TO ARBITRATION MUST BE SEVERED. HOWEVER, YOU RETAIN YOUR RIGHT TO FILE A COMPLAINT WITH ANY REGULATORY AGENCY OR COMMISSION;

(3) NO ARBITRATOR HAS AUTHORITY TO AWARD RELIEF IN EXCESS OF WHAT THESE TERMS OF SERVICE PROVIDE, OR TO ORDER CONSOLIDATION OR CLASS ARBITRATION, EXCEPT THAT AN ARBITRATOR DECIDING A CLAIM ARISING OUT OF OR RELATING TO A PRIOR AGREEMENT MAY GRANT AS MUCH SUBSTANTIVE RELIEF ON A NON-CLASS BASIS AS SUCH PRIOR AGREEMENT WOULD PERMIT. IN ALL ARBITRATIONS, THE ARBITRATOR MUST GIVE EFFECT TO APPLICABLE STATUTES OF LIMITATIONS AND WILL DECIDE WHETHER AN ISSUE IS ARBITRABLE OR NOT. IN A LARGE/COMPLEX CASE ARBITRATION, THE ARBITRATORS MUST ALSO APPLY THE FEDERAL RULES OF EVIDENCE AND THE LOSING PARTY MAY HAVE THE AWARD REVIEWED BY A REVIEW PANEL CONSISTING OF THREE (3) ARBITRATORS; AND

(4) IN THE EVENT THE FOREGOING ARBITRATION REQUIREMENTS DO NOT APPLY, YOU AND WE EACH WAIVE, TO THE FULLEST EXTENT ALLOWED BY LAW, ANY TRIAL BY JURY AND A JUDGE WILL DECIDE ANY AND ALL DISPUTES.

15. Contact Information

You may notify us by phone 1-844-573-8766, or by electronic means (via the Audi connect e-tron services website). Such notices will be considered effective after we receive them.

Any notice we send you will be sent to your last known residence or email address as shown on our records. It is your sole responsibility to ensure that we have the most up-to-date and accurate contact information for you at all times. Any written notice from us will be considered given when we send it by email to the email address you have provided to us that is then in our records, or two days after we mail it to you at the most current billing address we have on file for you. Any oral notices will be considered given when we call you or when you call us toll-free at 1-844-573-8766, or you speak with a live customer service representative.

Calls with our customer service representatives may be monitored or recorded for quality assurance, issue resolution, maintaining service, training, or promoting or providing services. Our and our Service Providers’ customer service representatives may remain on the line while conferencing in a third party to assist in completing a service request. You (for yourself and your Vehicle’s occupants and anyone else acting or using the Service on your behalf): (1) expressly consent to the monitoring and recording activities described herein, and (2) release us and our Service Providers from claims, liabilities and losses resulting in connection with any such monitored and/or recorded communications.

16.  Miscellaneous Terms

a) The Laws Governing Our Relationship

To the fullest extent legally permissible, these Terms of Service and any disputes arising out of or relating to it or the Equipment or Service will be governed by the laws of the State of New York, wherever filed without regard to conflicts of laws principles and subject to arbitration as set forth above. In the event that the arbitration requirements of this agreement are inapplicable or unenforceable, any complaint or other legal action concerning these Terms of Service shall be interpreted under the laws of the State of New York and shall be subject to the jurisdiction of the courts of the State of New York. Complaints, arbitration or other legal actions involving California customers will be interpreted under the laws of the State of California without regard to conflicts of law principles, and will be subject to the jurisdiction of the courts of the California county in which the customer primarily uses the Service.

b) Entire Agreement

These Terms of Service (including the Service Plan, the Privacy Statement and any other document or policy incorporated by this Agreement) is the entire agreement between you and us. It supersedes all other agreements, communications or representations, oral or written, between us, past or present. We are not responsible for any statements, agreements, representations, warranties or covenants, oral or written, including, without limitation, any statements from third parties, concerning or relating to the Equipment or the Service provided to you pursuant to these Terms of Service or your Service Plan, unless such statements, agreements, representations warranties or covenants are expressly contained in these Terms of Service or your Service Plan.

c) Effect of Termination or Non-Renewal of Terms of Service & Service Plan

Even after your Service Plan has ended and unless it has been replaced by a new agreement expressly entered into by and between us, the provisions of these Terms of Service will continue to govern any disputes arising out of or relating to it. These Terms of Service will also be binding on your heirs and successors and on our successors. In addition to any other provisions identified herein as surviving termination or expiration of your Service Plan, the following provisions of these Terms of Service shall survive the termination or expiration of your Service Plan: Sections 4, 5, 6, 7, 8, and 10 through 16.

d) Waiver; Severability

No waiver of any part of these Terms of Service, or of any breach of it, in any one instance will require us to waive any other instance or breach. If any part of these Terms of Service is declared invalid or unenforceable, all other parts of these Terms of Service are still valid and enforceable.

e) Relationship Between Parties

Notwithstanding anything else herein, these Terms of Service do not create any fiduciary relationships between you and us, or between you and any Audi Company, Verizon Company, or any of our Service Providers. These Terms of Service also do not create any relationship of principal and agent, partnership, or employer and employee between you and us or between you and any Audi Company, Verizon Company, or any of our Service Providers.

f) Third-Party Beneficiaries

Without limitation of anything else set forth herein, you have no contractual relationship whatsoever with any of our Service Providers, and these Terms of Service do not give you any rights against any Audi Company, Verizon Company, or any Service Provider. You are not a third party beneficiary of any agreement between us and any of our Service Providers. None of our Service Providers have any legal, equitable, or other liability of any kind to you under these Terms of Service. You expressly waive any and all claims or demands for such liability.

g) Assignment

We can assign these Terms of Service, in whole or in part, to any individual or entity we choose, at any time, without notice to you, in our sole discretion.

h) Export

You agree to comply with all applicable trade regulations and export control laws both domestic and foreign. The Equipment and the Service, and any underlying information accessed or transferred by you using the Service may be subject to U.S. export controls, including the Export Administration Act (50 U.S.C. § 2401, et seq.) and the Export Administration Regulations (50 C.F.R. § 730-774), as well as the import regulations of other countries. You agree not to export or re-export any such Equipment, software or information to any foreign country. Any information transferred by you using the Service or the Equipment to any foreign country, entity, or person must comply with the U.S. Export Administration Act and the Export Administration Regulations.