CONVENIENCE TRANSLATION FOR YOUR CONVENIENCE – PLEASE FIND BINDING GERMAN VERSION HERE: https://de.smart.com/de/service/terms-of-service/

I. Preamble and Scope

smart Europe GmbH, Esslinger Strasse 7, 70771 Leinfelden-Echterdingen, Germany, registered with the commercial register of the local court of Stuttgart under No. HRB 774212 (hereinafter "smart" or "Us"/"We") offers different Digital Services that can be used in or in connection with a vehicle. Depending on the model, model year and country, some Digital Services are part of the basic configuration and are factory available in every vehicle. Additional Digital Services can be purchased and/or downloaded via the smart Store.

These terms of digital services (hereinafter "Terms of Digital Services") govern the contractual relationship between smart and the user (hereinafter "You" or "Your") for the purchase and/or download and use of Digital Services made available bysmart, irrespective of whether You are a Primary User, Secondary User or Guest User (hereinafter the "Contract"). Any other terms and conditions shall not apply, regardless of whether smart has expressively objected their application.

These Terms of Digital Services do not apply

  • if You are a Business Customer and We have concluded a fleet agreement with You, in which case the fleet agreement shall supersede these Terms of Digital Services. These Terms of Digital Services shall only be applicable where the respective fleet agreement does not deviate from them and insofar as it does not refer to Consumers;
  • to the new car warranty granted by smart, which is subject to its own terms (Warranty Terms);
  • to the Integrated Service Package (ISP), which is subject to its own terms (Integrated Service Package [ISP] Terms & Conditions);
  • to digital content and/or services provided by 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, via the Hello smart App or via Your smart Account, these Terms of Digital Services 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 the terms and conditions of the respective provider;
  • to the purchase of a new Vehicle and/or additional products, which is subject to its own terms that may be viewed and saved at https://de.smart.com/de/service/terms-conditions/ (General Terms and Conditions);
  • to the creation and registration of a smart ID that is subject to its' own terms, which can be viewed and saved at https://de.smart.com/de/service/terms-of-use/ (smart ID Terms of Use).

II. Definitions

In these Terms of Digital Services, the terms below shall have the following meaning:

1. "Affiliated Company" shall mean any legally independent enterprise that, in its relationship to smart, is held in majority ownership interest by smart or which holds a majority of smart’s ownership interest, which is controlled by smart and is controlling smart, or which is party to an inter-company agreement with smart.

2. "Business Customer" shall mean a natural or legal person or entity that, when entering into the Contract, acts in full or predominantly in the exercise of his/her or its commercial or independent professional activity.

3. "Consumer" shall mean any natural person who enters into the Contract for purposes that are not, or predominantly not, related to commercial or independent professional activities.

4. "Central Display" shall mean the infotainment system of the Vehicle, which can be used to manage vehicle functions and vehicle-related Digital Services via its screen.

5. "Digital Key" shall have the meaning as described in sec. V.3.

6. "Digital Service(s)" shall mean any digital content and services offered by smart via the smart Store and/or which may be used in or in connection with a Vehicle, including the Hello smart App.

7. "Guest User" shall have the meaning as described in sec. V.2.

8. "Hello smart App" shall mean the smartphone application that can show You detailed Vehicle information in real time, such as Your Vehicle's VIN (Vehicle Identification Number), its' remaining range, the battery status, its' location, whether Your Vehicle's windows and trunk are closed and the Vehicle is locked as well as tire pressure, the air quality inside Your Vehicle and which serves as a digital access point to Your Vehicle, smart and the smart Store and Your smart Account.

9. "Holder" shall mean the person who is registered in the national vehicle register as the holder of the Vehicle.

10. "Pre-Installed Service(s)" shall have the meaning as described in sec. IV.2.

11. "Primary User" shall have the meaning as described in sec. V.1.

12. "Secondary User" shall have the meaning as described in sec. V.2.

13. "smart Account" shall mean the user account created via the website id.smart.com which is necessary to purchase any product via the smart Store and in which You have to indicate whether You are a Consumer or a Business Customer. Your smart Account is the basis for Your connected customer experience and allows You to inter alia 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 offered by smart. Due to the ongoing development, the specific services offered via the smart Account may change in the future.

14. "smart Agent" shall mean a dealer and a repair service provider authorized by smart for Vehicles and additional products.

15. "smart ID" shall mean the individual access to Your smart Account, which corresponds to the e-mail address You provided and which is protected by the password You set-up during the creation of Your smart Account (as may be changed by You later). The smart ID is your personal key to the entire smart product and service range as well as the smart ecosystem. The creation and registration of a smart ID is subject to its own terms of use, which may be viewed and saved at https://de.smart.com/de/service/terms-of-use/. During the registration, You must indicate whether You are a Consumer or a Business Customer and ensure that the data entered by You is accurate, so that We are able to contact You.

16. "smart Store" shall mean the online-shop environment provided by smart, at de.smart.com or via the Hello smart App, at any time for the sale of Vehicles, extras, Digital Services or of pre-order vouchers.

17. "Subscribed Service(s)" shall have the meaning as described in sec. IV.2.

18. "Vehicle(s)" shall mean all new Vehicles sold via the smart Store.

III. Amendment

1. During the course of purchase and/or download of a Digital Service and when setting up the Hello smart app, You will be notified that these Terms of Digital Services 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 Service.

2. After You have accepted these Terms of Digital Services, We may change or amend these Terms of Digital Services from time to time for important reasons (triftige Gründe), including, without limitation, if such changes are required for legal, regulatory, technical or security reasons. The current version of these Terms of Digital Services can be viewed, saved and printed at any time at https://de.smart.com/de/service/terms-of-service/. Changes to the main obligations of this Contract which would change the subject matter of the Contract, as described in sec. X.4., are excluded from the amendment right.

3. You will be notified at least four (4) weeks in advance of such changes via e-mail to the e-mail-address registered with Your smart ID. You will also be informed about the amendment in Your smart Account and can agree to them there. If You do not object to the changes within four (4) weeks after receipt of the change notification, the changes shall be deemed accepted with effect for the future. If, on the other hand, You do object to the changes, We shall be entitled to terminate the contractual relationship with two (2) weeks' notice, provided that We have informed You about the consequences of failing to consent and of such right of termination. In that case You will not be able to download and/or use certain Digital Services in the future. This does not apply to such Digital Services which You have purchased and/or downloaded already and which do not require a smart Account to function (e.g. permanent Digital Services, such as front seat heating).

IV. Digital Services

1. We offer various Digital Services, such as in-car services and apps, (recurring) map-updates, autonomous driving applications, front seat heating etc. Which Digital Services We offer for Your Vehicle, may 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 – regarding the Hello smart App – on the app store for Your mobile device.

2. Certain Digital Services are part of the basic configuration of the Vehicle and are factory installed and do not have to be purchased separately or activated in the Vehicle. (hereinafter "Pre-Installed Service(s)") . These include, but are not limited to, the "remote safety monitoring" system, which monitors vehicle safety and operability, and the "eCall" emergency call system, which is required by law in the European Union and thus does not require the conclusion of a contract under these Terms of Digital Services. You can manage vehicle-based Digital Services and activate or deactivate individual Digital Services via the Central Display. Certain Digital Services can only be used in connection with the Hello smart app. The use of such Digital Services requires You to connect the vehicle to the Hello smart app. For more information about the processing of vehicle information and personal data in connection with vehicle-based Digital Services, please refer to our privacy policy, which can be found here: https://de.smart.com/de/service/data-protection/. Certain Digital Services may require an active internet connection to be functional, others only need to be downloaded once and can also be used offline (e.g. front seat heating). Digital Services may be free of charge, others may be subject to additional charges. Furthermore, some Digital Services can be downloaded / purchased by a single transaction, whereas other Digital Services may be subject to the conclusion of an agreement of recurring services ("Subscribed Service(s)"). The termination periods of a Subscribed Service and the other terms can be found in the respective description of the Digital Service in the smart Store and/or the additional terms and conditions for such Digital Service.

3. Certain Digital Services are deemed to be activated for Your Vehicle and are bound to the Vehicle which is connected to Your smart Account 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 or Holder of the Vehicle or that the owner or Holder has entitled You to enter into an agreement in relation to the Digital Service with Us. To connect Your Vehicle to Your smart Account via the Hello smart App, You have to agree to these Terms of Digital Services.

4. We reserve the right to further develop the Digital Services at any time and to add, change or remove individual functions. Regarding already downloaded and/or purchased Digital Services, adjustments, which are not of minor and insignificant nature, will only be made if there is a valid reason and if such adjustment does not incur any additional costs for You. In particular, the following circumstances are valid reasons and may lead to an adjustment of the Digital Services: Adjustment to a new technical environment, adjustment to an increased number of users, adjustment due to important operational reasons, further development of the services, adjustment due to new legal requirements and judicial rulings, adjustment due to data security, security problems with content providers/third party providers or other equivalent reasons. We will inform You about upcoming changes that concern You and their possible legal consequences at least four (4) weeks in advance to Your e-mail registered in Your smart ID or via Your smart Account.

V. Users and Digital Key

1. The owner or Holder of the Vehicle, or the person entitled by the owner or Holder, may be registered in the smart Account as the Primary User of the Vehicle (hereinafter "Primary User"). 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. Only one Primary User may be assigned to the Vehicle. If a new Primary User is assigned to the Vehicle, the previous Primary User will automatically lose the role as the Primary User of the Vehicle.

2. To register one or more additional user(s) of a Vehicle beyond the Primary User, the Primary User has to invite such person(s) via the smart Account. If such additional user(s) accept the invitation, such other user(s) may be registered as Secondary Users, an account meant for persons that use the Vehicle on a regular basis (hereinafter "Secondary User"), or guest users, if they only occasionally use the Vehicle (hereinafter "Guest User"). Secondary Users and Guest Users may have restricted access to the Digital Services or no access to them at all, depending on the respective Digital Service. Primary, Secondary and Guest Users can log in to the Vehicle with their respective user role. The login is carried out via a QR code displayed in 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 a guest mode without logging in. In this case, certain Digital Services are not available or only available to a limited extent.

3. Via the Hello smart App, Your smart Account may function as a key to Your Vehicle (hereinafter "Digital Key"). If You purchased the respective Digital Service in Your smart Account, the Digital Key may also be shared with Secondary User(s) and the Guest User(s). To share the Digital Key, the Primary User needs to add the respective smart ID of Secondary User(s) and/or Guest User(s) in the Hello smart App and select that the Digital Key is shared with them. Secondary User(s) and/or Guest User(s) need to 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 respective Secondary User(s) and/or Guest User(s) then have access to the Vehicle using the Digital Key. The Primary User may also deactivate the Digital Key for Guest User(s) or Secondary Users via the Hello smart App at any time. However, the deactivation will only come into effect once the Vehicle is locked. Further information regarding the Digital Key may be viewed under 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) have to accept these Terms of Digital Services before a Digital Key may be shared with them.

VI. Network Connection

1. 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 all EU member states. As this data connection is required, inter alia, to provide the legally mandatory emergency call system "eCall", it cannot be deactivated. The data connection is free of charge for the user, and in relation to certain Digital Services You do not need to conclude a separate contract with a telecommunications provider to download and/or use the Digital Services.

2. In any other case, in which the use and/or download of the Digital Service requires internet access or other telecommunications service, as with the Hello smart app, for example, You need to conclude a separate agreement with Your telecommunications service provider. The telecommunications service provider may charge You for the use of its services and, as the case may be, for the data connection established for the use and/or download of Digital Services. These costs shall be borne by You.

3. An insufficient data connection may 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 the lack of functionality of Digital Services as a result of an insufficient or not properly working data connection beyond Our control.

VII. Availability

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. We are however not responsible for disruptions or reductions in the performance caused by force majeure events (e.g. armed conflicts, epidemics, pandemics (including the Covid-19-pandemic), natural disasters, industrial action) or by necessary maintenance, repair or other measures on 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.

VIII. OTA Software Updates

1. 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 (hereinafter "OTA Software Update").

2. Since OTA Software Updates are subject to the availability or limitations of a network connection as well as the equipment of the Vehicle, the download and installation time of OTA Software Updates may vary from a few minutes to several hours.

3. We strongly encourage You to carry out OTA Software Updates, as the updates may be essential for the security of Your Vehicle. If You fail to do so, We are not responsible for any resulting functional limitations and security gaps of Digital Services and/or the data connection. If OTA Software Updates are not carried out, We are also not responsible for maintaining the update capability. In some cases, certain OTA Software Updates are necessary to ensure the safety of the Vehicle.

IX. Purchase of Digital Services

1. In addition to Pre-Installed Services, You may download and/or purchase additional Digital Services via the smart Store. The presentation of Digital Services does not serve as legally binding offers but rather as an invitation to You to make an offer to purchase and/or download the respective Digital Service.

2. You may enter the smart Store in Germany via Your web-browser under de.smart.com . The smart Store is only available if You are eighteen (18) years and older. It is available in German. (If You change the language may via the footer on the website global.smart.com , You will be forwarded to another smart Store of an Affiliated Company. Other terms and conditions will be applicable then.)

3. On the smart Store, You may select a Digital Service and place it in the shopping cart. However, before You are able to place the Digital Service in the shopping cart, You first need to log in with Your smart ID. Otherwise, You will not be able to proceed with Your order. If You do not have a smart ID, You have to create one.

4. In the shopping cart You have an overview of the selected Digital Service(s). You may change and edit Your input made at any time during the checkout process. The prices shown during the checkout process apply and are stated including VAT.

5. Via the button "Obligation to pay" You submit a legally binding offer for the purchase and/or download of the Digital Service. If the Digital Service is free of charge, the button will be named respectively.

6. In case the Digital Service is not free of charge, payment shall be made by means of the payment methods specified during the ordering process.

7. If the order was successful, You will be guided to the success-page. Under "Orders" of the "My account" section of Your smart Account, You may view all successfully placed orders.

8. We will send You an automatic order summary. This order summary does not stipulate an acceptance of Your order. Your order will only be accepted upon payment request or via order confirmation, whichever occurs earlier. The order confirmation via e-mail to the address registered with Your smart ID will include an invoice, a summary of the Contract with smart and these Terms of Digital Services, which may be saved and printed out. The concluded Contract may be viewed under Your smart Account.

9. To use the Digital Service, further steps may be required, such as connecting the Vehicle to Your smart Account via the Hello smart App or starting the engine.

10. If You are a Consumer, You may withdraw from the Contract for the purchase of Digital Services. This is to inform You about Your right of withdrawal:

Right of withdrawal

You have the right to withdraw from the Contract within 14 days without giving any reason.

The withdrawal period will expire after 14 days from the day on which the Contract has been concluded.

To exercise the right of withdrawal, You must inform Us (smart Europe GmbH, Esslinger Strasse 7, 70771 Leinfelden-Echterdingen, Germany, Tel. +49 711 55077020, hallo@support.smart.com on Your decision to withdraw from this Contract by an unequivocal statement (e.g. a letter sent by post or e-mail). You may use the attached standard withdrawal form, which however it is not obligatory.

To meet the withdrawal deadline, it is sufficient for You to send communication concerning Your exercise of the right of withdrawal before the withdrawal period has expired.

Effects of withdrawal

If You withdraw from the Contract, We shall reimburse all payments received from You, including the costs of delivery (with the exception of the supplementary costs resulting from Your choice of a type of delivery other than the least expensive type of standard delivery offered by Us), without undue delay and in any event not later than 14 days from the day on which We have been informed about Your decision to withdraw from the Contract. We will carry out such reimbursement using the same means of payment as You used for the initial transaction, unless You have expressly agreed otherwise; in any event, You will not incur any fees as a result of such reimbursement.

Forfeiture of right of withdrawal

In case You paid a price for the Digital Service, Your right to withdraw shall forfeit for the Contract regarding the delivery of Digital Services not stored on any storage device if We have started the execution of the Contract after You (i) have expressly consented to execute the Contract prior expiry of the time period to withdraw from the Contract and (ii) You have confirmed that You are aware of the fact that such approval to the execution of the Contract before expiry of the time period to withdraw from it will forfeit Your right of withdrawal and (iii) We have provided You with a confirmation of the Contract summarizing the content of the Contract on a durable medium within a reasonable period after the conclusion of the Contract, but at the latest upon provision of the Digital Services.

In case You did not pay a price for the Digital Service, Your right to withdraw shall forfeit for the Contract regarding the delivery of Digital Services not stored on any storage device when We have started the execution of the Contract.

Model withdrawal form

(If You wish to withdraw from the Contract, complete and send back this form.)

To: smart Europe GmbH, Esslinger Strasse 7, 70771 Leinfelden-Echterdingen, Germany

I/We (*) hereby give notice that I/We (*) withdraw from 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

X. Warranty and Liability

1. In case of a defect of a Digital Service, the statutory warranty rights do apply, as modified below.

2. Digital Services that are provided free of charge and are explicitly marked as "beta " are currently in the testing and development phase. In the case of 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.

3. Claims that result in defects (Mängel) shall lapse in accordance with the statutory provisions.

Notwithstanding the foregoing, a limitation period of one (1) year shall apply if You are a legal entity under public law, a special fund under public law or a Business Customer. However, the reduction of the limitation period shall not apply to damage caused by a grossly negligent or intentional breach of obligations by Us, Our legal representatives or its vicarious smart Agents, or in the event of injury to life, limb or health.

4. Our liability regarding simple negligence is limited to breaches of material obligations

a. which are essential to enable the ordinary implementation of the Contract,

b. whose breach would jeopardize the achievement of the purpose of the Contract and

c. and on which You may rely under regular circumstances.

In case of a breach of such a material obligation, We are only liable for the foreseeable, typical contractual damage. This also applies to breaches of duty by Our legal representatives or vicarious smart Agents. The personal liability of Our legal representatives, vicarious smart Agents and employees for damages caused by them due to slight negligence is excluded.

5. The abovementioned exclusions of liability do not apply in case of

a. a guarantee given by smart or if a constitution of a Digital Service has been agreed upon with smart;

b. damage of life, body and health;

c. any liability due to wilful concealment of defects;

d. or in case of liability in accordance with the Procut Liability Act (ProdHaftG).

XI. Your Responsibilities

1. We strongly recommend that You take all available measures (e.g. device password, graphic pattern recognition, etc.) to protect Your device, that You use to enter the Hello smart App and/or to use other Digital Services, from misuse or unauthorized access by third parties.

2. We are entitled and obliged to take appropriate measures to defend against threats from cyber-attacks to Vehicle safety, road safety, life, health, the right to informational self-determination (privacy), property, assets and other legal interests of the user, owner, Holder 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 Digital Services as well as an interruption of the data connection may be necessary. In this case, it may not be possible to use the Digital Services.

3. You are obliged to ensure that the use of Digital Services does not infringe upon statutory obligations, in particular relating to traffic safety (StVO), property rights or good order (gute Sitten). This includes ensuring that any installed Digital Services have been installed with consent of the owner and/or older of the Vehicle.

4. In case You sell or otherwise dispose of the Vehicle, You are obliged to delete the Vehicle from Your smart Account, by which You are no longer registered as the Primary User of the Vehicle and by which You cannot use certain Digital Services anymore, which are bound to Your smart ID; these Digital Services are not transferable to a third party and can therefore also not be sold. Other Digital Services are however permanently bound to the Vehicle (e.g. steering wheel heating). You are also required to delete your personal data in the Central Display of the Vehicle.

5. In case You, as the Primary User, let third parties use the Vehicle, You shall inform them that the Vehicle is connected to Your smart ID and that You may thus gain access to information about their use of the Vehicle. You shall draw their attention to the possibility to control data access via the Central Display, these Terms of Digital Services and Our Privacy Statement, which may be found here: https://de.smart.com/de/service/data-protection/.

6. If You are a Business Customer and make the Vehicle available to third persons, such as employees, You must note that You may obtain access to personal data of the respective Vehicle users. In this case, You are the controller for the processing of personal data of the Vehicle users concerned. As the responsible party, You are obliged to protect the statutory rights of the Vehicle users concerned.

7. You may not

a. 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 Terms of Digital Services or by law; and/or

b. 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.

XII. Term and Termination

1. 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 section XII. 1. may not release You from a payment obligation relating to Subscribed Services (as defined in section IV.2).

2. The termination pursuant to sec. XII.1. may have an impact on the possibility to use Digital Services which depend on Your smart ID and Your smart Account, such as the Hello smart App or the Digital Key. Upon termination of the Contract we are thus unable to provide features to You which require a smart ID. This however does not apply to Digital Services which are permanently available after download and/or purchase and which do not require a smart Account or access to the Hello smart App to function (e.g. front seat heating).

3. 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 made available until the end of the agreed term. The term may be viewed under Your smart Account. During this term, an ordinary termination of the Subscribed Service is excluded. Upon expiry of the term, the Subscribed Service will be deactivated automatically. If no term has been agreed upon, the Subscribed Service may be terminated within the time period given in the description of the Subscribed Service in Your smart Account.

4. If You sell or otherwise dispose of the Vehicle this has no effect on the term of Your Subscribed Service. Such sale does not grant a right to terminate the Subscribed Service.

5. Your and Our right to extraordinary termination for good cause remains unaffected in any case.

6. Smart may, at its sole discretion, block Your access to the Digital Services in whole or in part, temporarily or permanently, if there are reasonable grounds for believing that You are in breach of or have breached these Terms of Digital Services or applicable law. When deciding whether to block You, smart will give due consideration to Your legitimate interests. If You repeatedly violate these Terms of Digital Services despite being notified, smart reserves the right to permanently block Your access to You smart ID (for details please see the smart ID Terms of Use). Smart will notify You of such blocking immediately by e-mail registered with Your smart ID.

XIII. Final Provisions

1. If any provision in these Terms of Digital Services are deemed as invalid or unenforceable, this shall not affect the validity and enforceability of other parts of these Terms of Digital Services.

If You are a Business Customer, in addition, the Parties undertake to replace any invalid or inactive paragraphs with a paragraph that, as closely as possible, complies with the commercial purpose of the invalid or inactive paragraph.

2. The purchase and/or download and use of Digital Services, the Contract and all legal disputes arising from the purchase and/or download and use of Digital Services, the Contract and the performance of the Contract shall be governed by German Law to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG) and the conflict of law provisions. However, for the benefit of a Consumer, more favourable mandatory standards of the law applicable at his usual place of residence shall take precedence over German Law.

3. If You are a merchant, the exclusive place of jurisdiction for all claims arising from and in connection with the Contract is Stuttgart, Germany. The same place of jurisdiction shall apply if You do not have a general place of jurisdiction in Germany, move Your place of residence or habitual abode out of Germany after conclusion of the Contract or if Your place of residence or habitual abode is not known at the time the action is brought.

4. The European Commission provides a platform for online dispute resolution under http://ec.europa.eu/consumers/odr/. Our email address is hallo@support.smart.com. We are not obligated and do not to participate in dispute resolution proceedings pursuant to the German Consumer Dispute Resolution Act (VSBG).

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