Terms and conditions
Terms of Digital Services
smart UK Automotive Ltd isa company registered in England and Wales under company number 13311396 having its registered office at The Pinnacle, Midsummer Boulevard, Milton Keynes MK9 1BP, United Kingdom (" smart" or " Us"/" We"). smart offers different Digital Services to use in or with a Vehicle (as defined below). Depending on the model, model year and country of the Vehicle, some Digital Services are part of the basic Vehicle configuration and are available in every Vehicle. Additional Digital Services can be purchased and/or downloaded from the smart Store.
These terms for the supply of digital services (" Digital Terms") govern the relationship between smart and a user (" You" or " Your") for the purchase and/or download and use of smart's Digital Services, regardless of whether You are a Primary User, a Secondary User or a Guest User (" Contract"). Any other terms and conditions won't apply, regardless of whether smart has expressly objected to them.
These Digital Terms don't apply:
- if You are a Business Customer and We have concluded a fleet agreement with You, in which case the fleet agreement shall override these Digital Terms. These Digital Terms shall only be applicable where the relevant fleet agreement does not deviate from these GTC and insofar as it does not refer to Consumers;
- to smart's new car warranty as this is subject to its own terms (" Warranty Terms" );
- to smart's Integrated Service Package (" ISP" ) as it is subject to its own terms (" ISP Terms" );
- to any digital content and/or services provided by any third parties under their own brand or name (e.g. certain in-car apps). If We make such digital content and/or services available to You via the Vehicle's infotainment system, the Hello smart App or via Your smart Account, these Digital Terms will only apply to the provision of access to such digital content and/or services. The purchase and use of these third party services are subject to each third party provider's own terms and conditions;
- to the purchase of a new Vehicle and/or Additional Products as it is subject to its own terms that You can view at https://uk.smart.com/en/service/terms-conditions/ (" General Terms and Conditions" or " GTC");
Terms defined in these Digital Services are as follows:
- " Affiliated Company" means any independent legal entity related to smart that is owned by smart or has a majority stake in smart or that is controlled by smart or controls smart, or which is party to an inter-company agreement with smart.
- " Business Customer" means an individual or a legal entity that, when entering into the Contract, acts primarily in the exercise of its commercial or independent professional activities.
- " Consumer" means any natural person who enters into the Contract for non-commercial or non-professional purposes.
- " Central Display" means the Vehicle's infotainment system that can be used to manage functionality of the Vehicle and vehicle-related Digital Services via its screen.
- " Digital Key" has the meaning as described in clause 5.3.
- "Digital Service(s)" means any digital content and/or services offered by smart from the smart Store which can be used in or in connection with a Vehicle, including the Hello smart App.
- " Guest User" has the meaning as described in clause 5.2.
- " Hello smart App" means the smartphone application that shows You real-time Vehicle information like Your Vehicle's VIN (Vehicle Identification Number), its range, battery status, location, tyre pressure, the air quality inside Your Vehicle or if the Vehicle is locked. It also allows You to lock and unlock and/or start Your Vehicle. It is also a digital access point to smart, the smart Store, Your Vehicle and Your smart Account.
- " Marketplace" means a marketplace platform operated by smart enabling smart and third-party sellers to offer their goods and services to customers.
- " Owner" means the person registered in the national vehicle register with the Driver and Vehicle Licensing Agency (DVLA) as the Vehicle Owner or the registered keeper of the Vehicle, in the case of leased/financed Vehicles if applicable.
- "Pre-Installed Service(s)" has the meaning as described in clause. 4.3.
- " Primary User" has the meaning as described in clause. 5.1.
- " Secondary User" has the meaning as described in clause. 5.2.
- " smart Account" means the user account created at the https://id.smart.com website that is necessary to buy any product from the smart Store and where You
- indicate if You are a Consumer or a Business Customer. Your smart Account is the basis for Your connected customer experience and it allows You to save Your individual Vehicle via the online customizer, book a test drive, buy a Vehicle, a Pre-order Voucher or Digital Services, connect to the Vehicle, buy aftersales packages, manage workshop services and use other services sold by smart. Due to the ongoing development of the smart ecosystem, the services offered via the smart Account may change from time to time.
- "smart Agent" means a dealer and/or a repair service provider authorized by smart for Vehicles and Additional Products.
- " smart ID" means the e-mail address and the password You set-up when You created Your smart Account (which may be changed by You at any time). The smart ID is Your personal key to the entire smart product and service range as well as the smart ecosystem.. The smart ID is subject to its own terms and condition that You can view here https://uk.smart.com/en/service/terms-of-use/. During the registration, You must indicate whether You are a Consumer or a Business Customer and ensure that any information You enter is accurate so We can contact You.
- " smart Store" means smart's online-shop hosted at https://uk.smart.comor via the Hello smart App for the sale of Vehicles, extras, Digital Services or of pre-order vouchers including the Marketplace; both are under continuous development and may change from time to time.
- "Subscribed Service(s)" has the meaning as described in clause. 4.3.
- "Vehicle(s)" means all new Vehicles sold via the smart Store.
- Changes to the Digital Terms
- When You buy and/or download a Digital Service and/or You set up the Hello smart app, We will tell You these Digital Terms apply at the relevant point of the process where You will have to accept them to conclude a respective Contract with Us for the purchase and/or download and/or use of the Digital Services.
- Once You have accepted these Digital Terms, We may change these Digital Terms for important reasons, such as, if such changes are required for legal, regulatory, technical or security reasons. The current version of these Digital Terms can be viewed, saved and printed at any time here: https://uk.smart.com/en/service/terms-of-service/. This clause 3.2 won't apply to any changes to the main obligations of this Contract that would have the effect of changing the purpose of the Contract as described in clause. 10.7.
- We'll notify 4 weeks in advance of such changes via e-mail to the e-mail-address linked to Your smart ID. We'll also let You know about any changes in Your smart Account and You can accept them. If You don't reject these changes within 4 weeks after receiving notice of the changes, You'll be deemed to have accepted them. If otherwise You reject the changes, We may terminate the Contract by giving You 2 weeks' notice, provided that We told You that failure to consent to the changes could cause Us to exercise Our right to terminate the Contract. In this case You won't be able to download and/or use the Digital Services from such termination date. This won't apply to such Digital Services that You have already purchased and/or downloaded and that don't require a smart Account to work (e.g. permanent Digital Services, such as front seat heating).
- Digital Services
- We offer various Digital Services, such as in-car services and apps, (ongoing) map-updates, autonomous driving applications, front seat heating etc. The type of Digital Services We offer for Your Vehicle, can vary depending on the model, model year and equipment of Your Vehicle as well as the country in which the Vehicle is used.
- The individual Digital Services are described in the smart Store, in the vehicle configurator, in the user manual and/or in Your smart Account. The use, download and/or purchase of certain Digital Services may require access to Your smart Account through Your smart ID and/or use of the Hello smart app. More detailed information is available in the smart Store or for the Hello smart App on the app store for Your mobile device.
- Certain Digital Services are deemed as activated for Your Vehicle and are linked to the Vehicle to which Your smart Account is linked to at the time of the purchase and/or download. Such Digital Services are not transferable to another Vehicle or to another smart Account. If You order a Digital Service for Your Vehicle, You declare that You are the Owner of the Vehicle or that the Owner authorised You to enter into a Contract with Us. To connect Your Vehicle to Your smart Account via the Hello smart App, You must agree to these Digital Terms.
- We reserve Our right to further develop the Digital Services from time to time by adding, changing or removing individual functions. For any Digital Services already downloaded and/or purchased, We will only make minor or insignificant changes to the Digital Service if there is a valid reason and/or if such change doesn't lead to You incurring any additional costs. Here is a list of the valid reasons for which changes to the Digital Services may be required: changes to the technical environment, an increase in the number of users, changes due to important operational reasons, further development of the services, statutory changes and/or case law, data security changes, security problems with content providers/third party providers or other similar reasons. We'll let You know about upcoming changes affecting You and their possible legal consequences at least 4 weeks before to Your e-mail registered linked to Your smart ID or to Your smart Account.
- Users and Digital Key (as far as Digital Key is rolled out)
- The Owner or the person authorised by the Owner to use the Vehicle may be registered as the Primary User of the Vehicle (" Primary User") in the smart Account. The Primary User has access to the full range of Digital Services available for the Vehicle. The Primary User is also the only user who can add Digital Services to the Vehicle and update them. There is only one Primary User assigned to the Vehicle. If a new Primary User is assigned to the Vehicle, the previous Primary User will automatically be removed as the Primary User of the Vehicle.
- To register more user(s) of a Vehicle other than the Primary User, the Primary User must invite those individuals via the smart Account. If such additional user(s) accept the invite, then they can be registered as Secondary Users, being an account meant for persons that use the Vehicle on a regular basis (" Secondary User") or guest users, if they only occasionally use the Vehicle (" Guest User"). Secondary Users and Guest Users will have restricted access to the Digital Services or no access to them at all, depending on each Digital Service. Primary, Secondary and Guest Users can login to the Vehicle with their respective user rights. The login occurs via a QR code displayed on the Central Display and requires the user to have a smart ID and the Hello smart app. It is, however, also possible to use the Vehicle in guest mode without logging in but in this case, certain Digital Services won't be available or only available on a limited basis.
- As far as the Digital Key is rolled out: Using the Hello smart App, Your smart Account works as a key to Your Vehicle (" Digital Key"). The Digital Key can be shared with the Secondary User(s) and any Guest User(s). To share the Digital Key, the Primary User must add the smart ID of Secondary User(s) and/or Guest User(s) in the Hello smart App and select the option allowing for the Digital Key to be shared with them. Secondary User(s) and/or Guest User(s) must have a smart ID and a connected smart Account to be added to and use the Digital Key. If You share the Digital Key, the Secondary User(s) and/or Guest User(s) will have access to the Vehicle using the Digital Key. The Primary User can also deactivate the Digital Key for any Guest User(s) or Secondary Users via the Hello smart App at any time. However, the deactivation can only done when the Vehicle is locked. Further information about the Digital Key is available in the Hello smart App and Your smart Account. The Digital Key must not be used for rental services. Any Secondary User(s) and Guest User(s) must accept these Digital Terms before a Digital Key is shared with them.
- Network Connection
- The download and in some cases the use of Digital Services in the Vehicle require a data connection between the Vehicle and Our servers. This connection is established via an eSIM integrated in the Vehicle by a telecommunications provider contracted by smart via mobile phone networks. Your Vehicle has a data connection in the UK, Switzerland and all EU member states. As this data connection is required to provide the emergency call system "eCall", it cannot be deactivated. This data connection is free of charge for the user, and for certain Digital Services You don' t have to enter into a separate contract with a telecommunications provider to download and/or use the Digital Services.
- Where the use and/or download of the Digital Service requires internet access or other telecommunications services for the Hello smart app, for example, You must have a separate agreement with Your telecommunications service provider. The telecommunications service provider may charge You for the use of its services and, for the data connection established for the use and/or download of Digital Services. You are solely responsible for these.
- An insufficient data connection could impair the usability of certain Digital Services. The functioning and performance of the mobile data connection between the Vehicle and Our server depend on a number of factors that are beyond Our control and responsibility. We exclude any liability for any lack of functionality of the Digital Services resulting from an insufficient or not properly working data connection that is beyond Our control.
We take all reasonable measures to achieve the continuous availability of all Digital Services and to restore them without delay in the event of disruptions. However We however aren't responsible for disruptions or reductions in performance caused by force majeure events (e.g. armed conflicts, epidemics, pandemics (including the Covid-19-pandemic), natural disasters, industrial action) or due to necessary maintenance, repairs or other measures affecting Our technical facilities or by third parties providing data, content, information or transmission capacities. In addition, intensive simultaneous use of Digital Services may lead to a limitation of performance.
- OTA Software Updates
- For the purpose of restoring, maintaining or improving the availability and security of Digital Services, We may offer You from time to time an over-the-air update of software in the Vehicle free of charge (" OTA Software Update").
- Since OTA Software Updates are subject to the availability or limitations of a network connection as well as the Vehicle's equipment, the download and installation time of OTA Software Updates can vary from a few minutes to several hours.
- We strongly encourage You to download OTA Software Updates, as the updates may be essential for the security of Your Vehicle. If You fail to do so, We aren't responsible for any resulting functional limitations and security gaps of the Digital Services and/or the data connection. If OTA Software Updates aren't carried out, We also aren't responsible for maintaining the update capability. In some cases, certain OTA Software Updates are necessary to ensure the safety of the Vehicle.
- Purchase of Digital Services
- In addition to Pre-Installed Services, You can download and/or purchase additional Digital Services via the smart Store. The presentation of Digital Services is not a legally binding offer but it is an invitation to You to make an offer to purchase and/or download the respective Digital Service.
- You may enter the smart Store in the UK using the following link https://uk.smart.com on Your web browser. The smart Store is only available if You are 18 years and older. It is available in English. (If You change the language using the footer on the website https://global.smart.com, You will be directed to another smart Store of an Affiliated Company where other terms and conditions shall apply.)
- On the smart Store, You can select a Digital Service and add it to the shopping cart. However, before You can add the Digital Service to the shopping cart, You first must login with Your smart ID. Otherwise, You can't to proceed with Your order. If You don't have a smart ID, You have to create one.
- In the shopping cart You have an overview of the selected Digital Service(s). You may change and edit Your selection at any time during the checkout process. The prices shown during the checkout process apply and are inclusive of VAT.
- By clicking " Obligation to pay" You submit a legally binding offer to the purchase and/or download of the Digital Service. If the Digital Service is free of charge, this will be indicated on the order page.
- If the Digital Service isn't free of charge, You can pay using any of the payment methods listed during the ordering process.
- If the order was successful, You will be taken to a success-page. Under " Orders" of the " My account" section of Your smart Account, You can view all successfully placed orders.
- We'll send You an automatic order summary. This order summary is not an acceptance of Your order. Your order will only be accepted following a payment request or via order confirmation, whichever occurs first. The order confirmation sent to e-mail address linked to Your smart ID will include an invoice, a summary of the Contract with smart and these Digital Terms, which may be saved and printed out. The completed Contract may be viewed under Your smart Account.
- To use the Digital Services, further steps may be required, such as connecting the Vehicle to Your smart Account via the Hello smart App or starting the engine.
- Consumers right to cancel
- If You are a Consumer, You can cancel this Contract for the purchase of Digital Services. This is to inform You about Your right of withdrawal:
- You have the right to cancel this Contract within 14 days without giving any reason.
- The cancellation period will expire 14 days after the day on which the Contract has been concluded.
- If You wish to exercise the right to cancel, You must let Us know of Your decision to cancel this Contract by sending Us a clear statement to smartUK Automotive Ltd, The Pinnacle, Midsummer Boulevard, Milton Keynes MK9 1BP, United Kingdom, phone +44 1908 086062 or to firstname.lastname@example.org (e.g. a letter sent by post or e-mail). You may use the attached standard cancellation form, but this it is not obligatory.
- To meet the cancellation deadline, it is sufficient for You to send to Us about Your cancellation request before the cancellation period has expired.
- Effects of withdrawal
- If You cancel the Contract, We'll refund for all the payments You made to Us without delay and in any event no later than 14 days from the day on which You told Us about Your decision to cancel the Contract. We'll refund You using the same payment method as You used for the initial transaction, unless You have expressly agreed otherwise; in any event, You won't incur any fees as a result of such refund.
- Loss of Your right to cancel
- If You paid for a Digital Service, You'll use lose Your right to cancel the Contract for the delivery of Digital Services if We started the supply of the Digital Services after You (i) have expressly agreed to enter into the Contract before the expiry of the 14 day period to withdraw from the Contract and (ii) You confirmed You know that agreeing to the completion of the Contract before expiry of the 14 day cancellation period means You lose Your cancellation right and (iii) We gave You with written confirmation of the Contract summarizing its content within a reasonable period after its completion but at the latest on supplying the Digital Services.
- If You didn't pay for the Digital Service, You lose Your right to cancel the Contract for the Digital Services not stored on any storage device when We started supplying the Digital Services.
- If You are a Consumer, You can cancel this Contract for the purchase of Digital Services. This is to inform You about Your right of withdrawal:
| Model cancellation form (If You wish to withdraw from the Contract, complete and send back this form.)To: smart UK Automotive Ltd, The Pinnacle, Midsummer Boulevard, Milton Keynes MK9 1BP, United Kingdom
|I/We (*) hereby give notice that I/We (*) wish to cancel my/our (*) Contract of sale of the following goods (*)/for the provision of the following service (*), Ordered on (*)/received on (*), Name of consumer(s), Address of consumer(s), Signature of consumer(s) (only if this form is notified on paper), Date (*) Delete as appropriate|
Warranty and Liability
- If the Digital Service is defective, You can enforce against Us certain statutory warranty rights subject to the limitation set out below.
- Digital Services provided free of charge and are expressly marked as "beta " are currently in the testing and development phase. Regarding such beta versions, not all functions may be available or the functionality of the Digital Services may be limited. Beta versions are made available without any agreement as to their specific nature, quality and/or functionality and without any agreement as to their suitability for a specific use.
- Claims that result in material defects shall expire in accordance with the applicable statutory provisions.
Notwithstanding the above, a limitation period of one year shall apply if You are a public body or a Business Customer. However, the reduction of the limitation period won't apply to damage caused by smart's, its legal representatives' or agent's negligence or intentional breach of their respective obligations or in the event of death or personal injury or for any other liability which cannot be excluded by law.
- Our liability for Our negligence is limited to breaches of Our material obligations:
- which are essential to carrying out the Contract,
- which would jeopardize the achievement of the purpose of the Contract; and
- which You may rely upon in regular circumstances.
In case of a material breach of Our obligations, We are only liable for any foreseeable and typical contractual damages. This also applies to any breaches committed by Our legal representatives or agents. The personal liability of Our legal representatives, agents and Our employees for damages caused by them due to negligence is wholly excluded.
- The exclusions of liability in clause 10.7 do not apply in the case of
- a guarantee given by smart, including where smart has agreed a guarantee in relation to a specific feature of a Digital Service;
- death or personal injury;
- fraud or fraudulent misrepresentation; and/or
- any other liability which cannot be excluded by law.
- Your Responsibilities
- We strongly recommend that You take all available measures (e.g. device password, graphic pattern recognition, etc.) to protect the device You use to enter the Hello smart App and/or to use other Digital Services from misuse or unauthorized access by third parties.
- We are entitled and obliged to take appropriate measures to defend against threats from cyber-attacks to Vehicle safety, road safety, life, health, privacy, property, assets and other legal interests of the user, Owner or keeper of a Vehicle or third parties as well as smart itself. Such measures may lead to restrictions of Digital Services and/or the data connection. Depending on the severity of the threat and/or the significance of the threatened legal interests, a (temporary) complete or partial blocking of the Digital Services as well as an interruption of the data connection may be necessary. In this situation, it may not be possible to use the Digital Services.
- You must ensure that the use of Digital Services doesn't infringe any applicable laws, in particular relating to traffic safety and property rights. This includes ensuring that any installed Digital Services have been installed with the consent of the Owner and/or of the Vehicle.
- If You sell or otherwise dispose of the Vehicle, You must delete the Vehicle from Your smart Account and manually deregister Yourself via the Central Display so You are no longer registered as the Primary User of the Vehicle and so You can't use any Digital Services connected to Your smart ID; these Digital Services aren't transferable to a third party and cannot be sold on. Other Digital Services are however permanently installed in the Vehicle. You are also required to delete Your personal data held in the Central Display of the Vehicle.
- If You as the Primary User let third parties use the Vehicle, You will let them know that the Vehicle is connected to Your smart ID and that You can gain access to information about their use of the Vehicle. You tell them ofthe possibility to control data access via the Central Display, these Terms of Digital Services and Our Privacy Statement, which can be found here: https://uk.smart.com/en/service/data-protection/.
- If You are a Business Customer and make the Vehicle available to third parties, such as employees, please note that You may obtain access to personal data of all Vehicle users. In this situation, You are the controller for the processing of personal data of the Vehicle users. As the responsible party, You must protect the legal rights of the Vehicle users concerned.
- You cannot:
- copy, translate, modify, decompile, disassemble or reverse engineer the Digital Services or otherwise attempt to discover the source code and/or algorithms, except as otherwise provided in these Digital Terms or by law; and/or
- remove, circumvent, reverse engineer, decrypt or otherwise modify or interfere with any digital rights management or copy protection features associated with the Digital Services or any other technology used to control access to the Digital Services.
- Term and Termination
- You may terminate the Contract for the use of Digital Services at any time by removing the link between Your smart ID and the Digital Service or by completely deleting Your smart ID. The deletion of the Hello smart App does not qualify as termination of the Contract. In any case, a termination of the Contract under this clause 12.1may not release You from a payment obligation relating to Subscribed Services (as defined in clause 4.3).
- Termination under clause 12.1 may impact Your ability to use the Digital Services connected to Your smart ID and Your smart Account, such as the Hello smart App and/or the Digital Key (as far as already rolled out). On termination of the Contract We cannot provide features to You that require a smart ID. This however does not apply to Digital Services that are permanently available after download and/or purchase and don't require a smart Account or access to the Hello smart App to work.
- Subscribed Services are made available for a fixed period of time or for an indefinite period of time. If they are available for a fixed period of time, they will be available until the end of the agreed period. The duration of the Subscribed Service period can be found in Your smart Account. During this period, You can't terminate the Subscribed Service without any reason. On expiry of the Subscribed Service period, it will deactivate automatically. If no duration has been agreed, the Subscribed Service can be terminated within the period given in the description of the Subscribed Service in Your smart Account.
- If You sell or otherwise dispose of the Vehicle the term of Your Subscribed Service won't be affected. Such sale doesn't give You a right to terminate the Subscribed Service.
- Both Parties rights of termination for cause remain unaffected in any case.
- If any provision in these Digital Terms is held as invalid or unenforceable, this won't affect the validity and enforceability of any other part of these Digital Terms.
If You are a Business Customer, in addition, the Parties agree to replace any invalid or unenforceable paragraphs with a paragraph that, as closely as possible, aligns with the commercial purpose of the invalid or unenforceable paragraph.
- Thepurchase and/or download and use of Digital Services, the Digital Terms, the Contract and any dispute or claim (including non-contractual disputes or claims) arising from the purchase and/or download and use of Digital Services, the Digital Terms and the Contract and their performance shall be governed by English law. The Parties agree that the UN Convention on Contracts for the International Sale of Goods (CISG) and the associated conflict of law provisions won't apply to the contractual relationship between the Parties.
- If You are a Consumer, You can bring claims against Us in the English courts. If You live in Wales, Scotland or Northern Ireland, You can also bring claims against Us in the courts of the country You live in. We can claim against You in the courts of the country You live in.
- If You are a Business Customer, You agree that the courts in England shall have exclusion jurisdiction for all disputes arising from or in connection with the Purchase Agreement.
Last revised: 08-08-2023