1.1 These ToU shall apply to the use of the smart Account and the smart ID and all related services and functions.
1.2 These ToU shall not apply to the booking or purchase of physical or digital products or services which is exclusively governed by our General Terms and Conditions.
2. Your smart Account and smart ID
2.1 smart strives to provide you with a personalized customer experience, which is an integral part of all of our services and our contractual relationship with you. A key component of your personalized customer experience is the smart Account, your personal centralized portal for all interactions with us and the smart ecosystem.
2.2 You require a smart Account:
- to purchase your pre-order voucher during the pre-order stage,
- to book a test drive at your local smart agent, for customizing your order,
- for ordering a vehicle or other products,
- for the purchase of additional services,
- for activating in-car functionalities (subject to additional fees, if applicable),
- to use the Hello smart app (subject to availability),
- to arrange workshop appointments at your smart Authorized Service Partner,
- to access your order history and update your personal data and preferences.
You may use your smart Account also to contact customer service and for much more.
2.3 smart may share your smart ID and associated information within smart and the smart ecosystem, including but not limited to our affiliates, smart agents, smart Authorized Service Partners, service providers and other partners in compliance with data protection laws if this is necessary for the provision of services, for the delivery of products or for your providing with a personalized customer experience.
2.4 The creation and use of the smart Account itself is free of charge.
3. Registration; smart ID; use of smart Account; security
3.1 You can register and sign up with a private or business account. You must provide a salutation, first name, last name, e-mail (smart ID), and password (for business account also: telephone number with country code, company name and VAT number). By clicking the button for registration, you agree to the ToU and enter into the Usage Agreement with us.
3.2 To sign up for a smart Account, you must be at least 18 years of age.
3.3 When you sign up your smart Account, we create an individual access ID for you, your smart ID, which corresponds to the e-mail address provided by you. The smart ID is your personal key to the entire smart product and service range as well as the smart ecosystem.
3.4 Your smart Account also provides access to digital offerings and services in connection with your vehicle. Such offerings may be offerings from smart as well as offerings from third parties, which may be subject to payment. If the offerings are made by third parties, a contract for the provision of physical or digital products or services is concluded directly and exclusively between you and the third party offering the products or services, subject to the respective contractual terms and conditions of such third party.
3.5 You can delete your smart Account at any time. Upon deletion, you are no longer able to access and use your smart Account and any services associated to your smart Account. If your smart Account is used for the fulfillment of an ongoing contractual obligation towards you (e.g. in the case of paid services), you are required to terminate the service prior to the deletion of your smart Account. The deletion of the smart Account is only possible at the end of the contract period of such service.
4. Your obligations as a User
4.1 You assure that all data provided by you during registration are correct and complete. In the event of subsequent changes, the data stored in the smart Account, in particular address, payment and contact data, must always be kept up to date.
4.2 The smart Account and smart ID may only be used for the purposes of (i) these ToU or (ii) the purposes of other agreements for which the smart ID is used.
4.3 You shall not
copy, translate, modify, decompile, disassemble or reverse engineer the smart Account or otherwise derive or attempt to derive the source code and/or algorithms, unless otherwise provided for in these ToU or by statutory provisions;
remove, circumvent, reverse engineer, decrypt, or otherwise alter or interfere with digital rights management or copy protection features associated with the smart Account or any other technologies used to control the access to the smart Account.
4.4 You are not entitled to sell, rent out, loan or lease the smart ID or the right to access the smart Account. smart reserves the right to provide functionality enabling the User to grant access to certain smart Account functions to other users.
4.5 smart may suspend your access to the smart Account, in whole or in part, temporarily or permanently, at its own discretion if there are reasonable grounds to believe that you are violating or have violated these ToU and/or applicable law, or if smart has an otherwise legitimate interest in suspending you. When deciding on a suspension, smart will take into account your legitimate interests appropriately. If you repeatedly violate these ToU despite notification, smart reserves the right to permanently suspend access. smart will immediately inform you of any such suspension via e-mail.
5. Intellectual property
5.1 smart or its licensors are owners to all copyrights, trademarks and other intellectual property rights to the smart Account and any content provided by smart as part of the smart Account. The content must not be reproduced, distributed, redesigned or otherwise exploited without the prior written consent of smart.
5.2 smart grants you the temporary, revocable, non-exclusive and non-transferable right to use the smart Account to the extent agreed under these ToU. The right of use expires at the latest upon termination of this Usage Agreement.
6. External links
Neither availability nor content of external websites operated by third parties to which the smart Account may contain links is subject to control by smart. smart assumes no liability for such external websites. In particular, smart does not adopt the contents of such external websites as its own and assumes no liability for the accuracy, completeness and timeliness of the contents of the external websites. smart also assumes no liability for uninterrupted access to third party websites or other malfunctions of such websites.
7. Liability; indemnity
7.1 Liability of smart and its affiliated companies for damages, irrespective of the legal basis of such liability, shall apply only in the event of intentional or grossly negligent conduct. In the event of slight negligence, smart shall only be liable for damages resulting from death, personal injury or damage to health, or for damages resulting from the violation of a fundamental contractual obligation, an obligation the fulfilment of which renders the proper performance of the contract possible in the first place and the compliance with which a contractual partner typically does, and is entitled to rely upon. In such case (of slightly negligent breach of fundamental contractual obligations), the liability of smart shall be limited to the reimbursement of reasonable, foreseeable and typical damages.
7.2 smart assumes no liability for the correctness and completeness of the content in the smart Account. smart assumes no liability for uninterrupted access to the smart Account or any malfunctions of the platform.
7.3 The liability according to the Product Liability Act remains unaffected.
7.4 You agree to indemnify smart, its affiliates and each of their respective officers, directors, employees and agents from and against any and all losses that arise directly or indirectly out of or in connection with a negligent or intentional breach of these ToU.
8. Changes to the ToU
8.1 smart may change or amend these ToU from time to time for justified reasons, in particular if such changes are required for legal, regulatory, technical or security reasons.
a) You will be notified of such changes in advance by e-mail. If you do not object to changes within four weeks after receipt of the change notification, the changes shall be deemed accepted with effect for the future. If you object to the changes, smart shall be entitled to terminate the contractual relationship with a notice period of two weeks, provided that smart has informed you of the consequences of not objecting to the changes and the right to termination. Changes to the main obligations under this agreement that would alter the subject of the agreement shall be excluded from the amendment procedure under this subsection (a).
b) You will also be informed about the change to the ToU in your smart Account and you can accept the changes there.
8.2 Smart may further develop, change or remove functions of the smart Account and the smart ID at any time. You shall not be entitled to any specific scope of functions. Discontinuation of the smart Account or the smart ID by smart will, however, only occur after prior termination.
9.1 smart may terminate the Usage Agreement for the smart Account at any time in writing or by e-mail, subject to a notice period of six weeks. If the smart Account is required for the use of a service linked to the smart Account, the termination will become effective at the time at which the obligation to provide the respective service ends.
9.2 The right to terminate for good cause shall remain unaffected for both parties.
10. Data Protection
smart will process personal data in accordance with our Privacy Statement. The Privacy Statement is not part of these ToU or any agreement with the User.
11. Jurisdiction; applicable law
11.1 These ToU shall be governed by German law, without regard to its principles of conflict of laws. The Parties expressly agree to exclude the application of the United Nations Convention on Contracts for the International Sale of Goods (1980). Irrespective of this choice of law, consumers with their usual place of residence within the European Union may always also invoke the provisions of the consumer protection law of the country in which they have their usual place of residence.
11.2 If the User is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all claims arising out of or in connection with these ToU shall be Leinfelden-Echterdingen, Germany.
12. Information on online dispute resolution; notice pursuant to Sec. 36 VSBG
12.1 The EU Commission has established an online platform for the online settlement of disputes (OS platform). You can find the OS platform at https://ec.europa.eu/consumers/odr. Our e-mail address is firstname.lastname@example.org.
12.2 smart will not participate in a dispute resolution procedure before a consumer arbitration body within the meaning of the Verbraucherstreitbeilegungsgesetz ("VSBG") and is not obliged to do so.
In case any provision in this ToU shall be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby and such provision shall be ineffective only to the extent of such invalidity, illegality or unenforceability.