USER TERMS FOR APPLICATION SERVICES

This software application (the “Application”) is provided by General Motors Holdings LLC, 300 Renaissance Ctr L1 Detroit, MI, 48265-0001 United States and its affiliates (“GM” or “we” or “us”) and, subject to these User Terms, makes services made available to you (the “Application Services”), via the authorized Apple or Android device that you own or control (your “Device”), which may include the ability to view diagnostic and location information of your Connected Services equipped eligible vehicle (your “Vehicle”), to receive promotions and offers from participating retailers, and to issue commands to your Vehicle, such as door lock/unlock and remote engine start commands. The Application Services may be available while your Vehicle is connected to our systems via a service trial period that we may offer from time to time, a service plan made available to you at no additional charge, or through a paid service plan. Some of the Application Services may not be available for your Vehicle unless you are participating in a paid service plan for that Vehicle. Further details and limitations of the Application Services are available at www.cadillaceurope.com/ch-en/connected-services, or, if you are based outside of Switzerland, under the Connected Services section for your country and vehicle brand at www.cadillaceurope.com or www.chevroleteurope.com.

When you click to accept the following terms (these “Terms”) or when you access or use the Application Services on your Device, you agree to the following:

• These Terms incorporate the User Terms for Connected Vehicle Services located at www.cadillaceurope.com/ie-en/legal/user-terms-for-connected-vehicle-services, www.chevroleteurope.com/gb-en/legal/user-terms-for-connected-vehicle-services, or, if you are based outside of Switzerland, under the Legal/Connected Services section for your country and vehicle brand at www.cadillaceurope.com/eu-en or www.chevroleteurope.com/gb-en (the “Connected Vehicle Service Terms”). Together, these Terms and the Connected Vehicle Service Terms are binding between you and us and govern your access and use, including any access or use that you authorize or permit, of the Application Services. For this purpose, the term “Services” of the Connected Vehicle Service Terms includes the Application Services, “Connected Device” includes your Device, “Agreement” includes these Terms, and “Software” includes the Application. You should carefully review the Agreement before accessing or using the Application Services;
• • It is your responsibility to ensure that all users of your Vehicle know that anyone with access to the Application Services through your Device may be able to access information about your account and your Vehicle, including the location of your Vehicle;
• You will not attempt to breach any security measures of the Application Services; 
• You will not copy, reproduce, distribute, decompile, reverse engineer, disassemble, remove, alter, circumvent, or otherwise tamper with any security technology, convert to any use not authorized by us or claim ownership in the Application Services or our or any other party’s information or materials associated with the Application Services;
• You will only use the Application Services when it is safe to do so, in compliance with the law and these Terms, and you will not use the Application Services offered through your Device while driving;
• You will not use the Application Services to harass or harm any person, or for any improper, unlawful, or unauthorized purpose (including the unauthorized uses described in Sections 18 and 20 of the Connected Vehicle Service Terms);  
• You may cancel the Application Services at any time by emailing us at chevrolet.europe@gm.com or cadillac.europe@gm.com. You cannot cancel Application Services simply by Uninstalling the Application from your Device;
• If you sell or transfer your Vehicle, you must notify us by emailing us at chevrolet.europe@gm.com or cadillac.europe@gm.com and you must stop using Services for that Vehicle;
• We may collect, use, and share information about you, including the location of your Device or your Vehicle as described in the Privacy Statement available at www.cadillaceurope.com/eu-en/legal/privacy-statement or www.chevroleteurope.com/gb-en/legal/privacy-statement.
• You are required to keep your account and password secure and not disclose them to any third parties. We are not responsible for the acts of third parties who may access the Application Services and information through your Device. You should use all security features of your Device, including any password, locking, or encryption features, to protect against unauthorized access and use of the Application Services and your information. In addition, you will ensure that any third party that you authorize or permit to access the Application Services through your Device or your account agrees (i) to be bound by these Terms, and (ii) that GM may pursue any available legal actions or technical measures directly against such third parties (a) in order to ensure compliance with these Terms, or (b) where GM otherwise believes such actions or measures are appropriate to address actual or potential safety, security, privacy, or compliance issues that may impact you, your Vehicle, or us;
• Your use of the Application Services may involve services made available to you by third parties, such as the wireless services provided for your Device by your wireless carrier, and map and data services. Any map or data services that are provided by Telenav, Inc. are governed by terms posted at http://www.telenav.com/legal/terms/gm/. Any map or data services that are provided by HERE North America, LLC and its affiliates are governed by terms posted at https://legal.here.com/. Use of services made available by third parties may involve you sharing your location, search query, and other data. You can disable sharing of your Device location in your Device settings. You may also receive promotions and offers from participating third party retailers through the Application Services. These third party services, promotions and offers, and any related transactions you enter into, are solely between you and the third party. We cannot guarantee their performance, reliability or security, and we are not responsible for any losses or damages they may cause, such as any loss of personal information through third party network services;
• With respect to the use of non-personal, readily available product data and related service data generated by the Vehicle, you agree to the terms of the Data License, which governs the use of such data by GM and its affiliates. The Data License is attached to these User Terms for Application Services as Annex 1.
• GM grants you a non-commercial, non-exclusive, non-transferable, limited, terminable license to use the Application and the Application Services solely with your Device, throughout the European Economic Area, the UK and Switzerland, subject to your compliance with the Agreement. The Application is licensed, not sold, to you, solely for your personal use. GM retains all right, title, and interest in and to the Application, the Application Services and all related data and information, including intellectual property and proprietary rights and interests;
• In the event that you or any third party authorized by you uses software that accesses, collects, or analyzes data, interfaces, or services (“Tools”) from or related to the Application or the Application Services, GM reserves the right to audit and review the underlying materials and source code for such Tools to fully understand how such Tools operate, including to assess any potential interference such Tools may present to the integrity and security of the Application, the Application Service or any Vehicle, and to determine whether such Tools conduct activities not authorized by these Terms and the license granted to you hereunder. In furtherance of the foregoing, you grant, and grant on behalf of any third party authorized by you to use Tools on the Application or the Application Services, GM a nonexclusive, fully-paid, irrevocable, royalty-free license to reverse engineer, dissemble, decompile, access, use and otherwise exploit the Tools, without liability to GM and without waiving any of GM’s rights or remedies. Furthermore, GM and its agents reserve the right to obtain the Tools on GM’s own behalf, with any downloading, installation and use of the Tools to be governed exclusively by these Terms with respect to the collection or analysis of data from the Application or the Application Services irrespective of any terms and conditions generally applicable to use of the Tools;
• In the event of any conflict between these Terms and the Connected Vehicle Service Terms, these Terms will govern for any access or use of the Application Services. The reference to “Connected Device” in Section 15.2 and in the last subsection of Section 18 of the Connected Vehicle Service Terms does not apply to your Device; and
• If your Device is an Apple device, then the following paragraph applies: You are entering into the Agreement, including these Terms, with GM and not with Apple Inc. (“Apple”). However, Apple and its subsidiaries are third party beneficiaries of the Agreement, and Apple may enforce the Agreement. We are solely responsible, as provided in these Terms, for the Application and its associated information; Apple makes no warranty with respect to the Application or the information and has no obligation whatsoever to furnish any maintenance and support services for the Application. Apple is not responsible for addressing any claims relating to the Application or its associated information or your possession or use of the Application, including but not limited to: (i) product liability claims, (ii) any claims that the Application fails to conform to any legal or regulatory requirement, and (iii) claims arising under consumer protection and similar legislation. If a third party claims that the Application, its associated information, or your possession or use of the Application or associated information infringes a third party’s intellectual property rights, Apple is not responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim. You acknowledge that you have reviewed the App Store Terms located online at http://www.apple.com/legal/itunes/us/terms.html#APPS and that you shall comply with such terms.  

If you have any questions, comments or complaints regarding the Application Services, feel free to contact us at any time by emailing us at chevrolet.europe@gm.com or cadillac.europe@gm.com or writing to us at Albisriederstrasse 253, 8047 Zurich, Switzerland. 

This Data License outlines the terms under which the Customer permits Cadillac Europe GmbH and the subsidiaries of General Motors Company involved in the tasks set out below (for the purpose of this Annex 1, collectively, “GM”) to use non-personal data derived from the Vehicle or related services provided by GM in connection with the Vehicle, such as those services delivered through the myCadillac or myChevrolet mobile app, the GM Account and other services which support connected products (“Related Services”).

The Customer agrees that GM may use all non-personal, readily available product data and related service data as defined in the EU Data Act (the "GM Data") collected through the use of the Vehicle or Related Services for the following purposes:

a) performing any agreement with the Customer or activities related to such agreement (e.g. issuing invoices, generating and providing reports or analysis, financial projections, impact assessments, calculating staff benefit);
b) providing support, warranty, recall, guarantee or similar services or to assess Customer’s, GM´s or third party’s claims (e.g. regarding malfunctions of the Vehicle) related to the Vehicle or Related Service;
c) delivering connected and other services for the vehicle, such as those requiring real-time decision-making, navigation or contextual driving insights, over-the-air updates, or driver-assistance and self-driving features; 
d) monitoring and maintaining the functioning, performance, safety and security of the Vehicle or Related Service and ensuring quality control;
e) improving the functioning of any product or related service offered by GM;
f) developing new products or services, including artificial intelligence (AI) solutions, by GM, by third parties acting on behalf of GM (i.e. where GM decides which tasks will be entrusted to such parties and benefits therefrom), in collaboration with other parties or through special purpose companies (such as joint ventures);
g) aggregating these GM Data with other data or creating derived data, for any lawful purpose, including with the aim of selling or otherwise making available such aggregated or derived data to third parties, provided such data do not allow specific data transmitted to GM from the Vehicle to be identified or allow a third party to derive those data from the dataset; and
h) any other purposes required by law. GM undertakes not to use the GM Data to derive insights about the economic situation, assets and production methods of the Customer, or about the use of the Vehicle or Related Service by the Customer in any other manner that could undermine the commercial position of the Customer on the markets in which the Customer is active

GM may share with third parties the GM Data which is non-personal data, if the GM Data is used by the third party exclusively for the following purposes: (i) assisting GM in achieving the purposes permitted under Clause 1 para 1 or (ii) jointly pursuing those purposes with GM, either directly or through special-purpose entities. In this case, GM will contractually bind the third party not to use the GM Data for any purposes or in any way going beyond the use that is permissible in accordance with Clause 1 para 1.

If GM shares GM Data with third parties, GM will contractually bind them to comply with Clause 1 para 2. Additionally, GM will contractually require any third parties receiving GM Data to not further share this data unless the Customer grants agreement for such further transfer, or unless such Data sharing is required, in the interest of the Customer and GM will contractually bind the third parties to apply any protective measures agreed on with the Customer.

For clarification: GM is entitled to use any aggregated or derived data for any purpose, including the right to share aggregated or derived data with third parties, provided that such aggregated or derived data does not enable the identification of specific GM Data or the re-identification of a Customer within the meaning of the EU Data Act.

The provisions outlined above shall not apply if GM is compelled to disclose GM Data to third parties due to mandatory legal requirements, including but not limited to court orders or directives from authorized bodies that require GM to disclose GM Data to a particular third party. 

GM may always use processing services, e.g. cloud computing services (including infrastructure as a service, platform as a service and software as a service), hosting services, or similar services to achieve the agreed purposes under Clause 1 para. 1.

Where the Customer contractually transfers (i) ownership of the Vehicle, or (ii) their temporary rights to use the Vehicle, and/or (ii) their rights to receive Related Services to a subsequent natural or legal person (‘Subsequent User’) and loses the status of a user after the transfer to a Subsequent User, the Customer must:

a) if the Customer created a GM account, ensure that the Subsequent User cannot use the initial Customer’s account;
b) use their best efforts to assign to the Subsequent User, as of the transfer date, their rights and obligations as a user and GM agrees hereby in advance to such assignment and 
c) notify GM without undue delay of the transfer and identity of the Subsequent User and provide a copy of the assignment. If the assignment fails, the Customer must notify GM without undue delay. The rights of GM to use GM Data generated prior to the transfer will not be affected by a transfer, i.e. the rights and obligations relating to the GM Data transferred under this Data License Agreement before the transfer will continue after the transfer.

If the Customer grants usage rights to another party (“Additional User”) but retains their own user status, the Customer must (i) include in their agreement with the Additional User provisions substantially reflecting this data license and (ii) act as the first point of contact for any requests or claims by the Additional User under the Data Act or regarding GM`s use of GM data, notify GM without undue delay, and cooperate in handling such matters.

If the User breaches the obligations specified in Clauses 4 and 5, leading to GM using or sharing data without a valid contract with the Subsequent or Additional User, the User shall indemnify and hold harmless GM against any resulting claims. This does not apply if the User is not responsible for such a breach.

In the event of termination or expiry of the data license, GM remains entitled to use and share the GM Data generated or recorded before the date of termination or expiry as specified in this data license.