DESCRIPTION OF SERVICES AVAILABLE

The Services rely on a factory-installed telematics control unit in your vehicle (the ‘’Device”) that can interact with vehicle systems and can send and receive information over mobile cellular networks. In order to provide the Services, MME collects certain data from you and your Vehicle Users (such as through your interactions with the dealer from which you purchased or leased your vehicle (the “Dealer”), the Mobile App, the Owner Portal, or the Customer Care agent) and from your vehicle using the Device. By agreeing to receive Services, you are consenting on your own behalf and on behalf of all Vehicle Users to the operation of the Device and to these Terms, including the collection and use of the data (including the collection of vehicle data described above) as described in these Terms and the Privacy Statement.

Mitsubishi Connect Safeguard and Remote Services (the Services) include the Safety Services, which are provided with or without a subscription, and the Remote Services, Security Services, Parental Controls and Report Services, which are provided only with a subscription:

Safety Services

MME provides certain Safety Services to all vehicle owners free of charge upon your agreement to these Terms and the Consent Form. These Safety Services are provided separately from the Subscription Services, and therefore may be provided to you even if you do not purchase the Subscription Services or even after the expiration or termination of a Subscription Service. You may disable the Safety Services in your vehicle by contacting Customer Care to deactivate the Device and stop the collection of any data. We reserve the right to terminate the Safety Services if you do not activate the Services or purchase or renew the Subscription Services within a certain period of time. Please contact Customer Care if you wish to know if we are providing the Safety Services to your vehicle. MME will not have any liability to you for terminating the Safety Services if you have not agreed to these Terms and purchased Subscription Services.

Subscription Services

Subscription Services are offered on a “package” basis (the "Subscription Service Package"). Detailed information about the Subscription Services provided in the Subscription Service Package and how each Service operates is included in the Owner’s Manual.

Vehicle Data Collection

The following information about your vehicle (the “Default Vehicle Data”) and about your use of Subscription Services will be collected, used, disclosed and shared by MME.

The collection of vehicle data will begin immediately upon your agreement to these Terms and the Consent Form. Service-based Vehicle Data will continue to be collected until your Subscription terminates or until you request that your Device be deactivated. Default Vehicle Data will continue to be collected until you request that your Device be deactivated. MME uses this data for the purposes described in the Privacy Statement, including for purposes of offering products and other services to you.

If you subsequently decide at any time that you do not want us to collect or use any of this data, please contact Customer Care and request that we stop collecting this data. Customer Care will deactivate your vehicle’s Device, which will stop the Vehicle Data Collection. Upon deactivation of the Device, you will no longer be able to receive any Services (including Safety Services), you will not be able to activate any new Services, and the Subscription Service Package you had subscribed to, whether as a trial or paid subscription, will immediately terminate.

SUBSCRIPTION SERVICES

Purchase of Subscriptions; Trial Subscriptions

The Subscription Service Package is made available as a “Subscription” for a specific length of time (the “Subscription Period”). A Subscription for the Subscription Service Package may be offered by MME or a Dealer to you for some period of time at no additional charge when you purchase or lease a new vehicle. This kind of Subscription is referred to as a “Trial” and the period for which it is provided is referred to as a “Trial Period”. You will need to agree to these Terms and the Consent Form to receive Subscription Services as a Trial even if you do not need to pay any fees. Trial Periods begin on the date that you agree to these Terms and the Consent Form (even if you activate the Trial after such date) and end after the period of time associated with that Subscription Service Package, as disclosed to you when you purchased or leased your vehicle, has passed. Other Subscription Periods start when you complete the purchase of the Subscription. Subscriptions can be purchased or changed by you and by any Authorized User to whom you have given that authority.

Further information about the Subscription Period available for the Subscription Service Package as well as any Trial Periods being offered for the Subscription Service Package is available from your Dealer, through the Mobile App, at the Owner Portal, or from Customer Care.

Renewal

You can extend the Subscription Period for the Subscription Service Package by purchasing a renewal as described in these Terms (a “Renewal”). MME or its partners will use reasonable efforts to notify you using your Account information on file at least thirty (30) days before your Subscription expires, whether it was a Trial, a purchased Subscription, or a Renewal. This notice will include information about how to renew a Subscription and the pricing and renewal periods (“Renewal Periods”) that are available.

MME or its partners may offer you the option to renew a Subscription automatically at the end of its Subscription Period for a specific period of time and a specified price (“Automatic Renewal”). MME will provide you notice at least thirty (30) days before processing an Automatic Renewal by using your Account information on file. If you select this option and provide a valid credit card, you agree that MME may extend the Subscription for the Subscription Service Package for the agreed period and charge the credit card provided unless you cancel the Subscription and/or the Automatic Renewal at any time prior to the renewal date by contacting Customer Care. You solely will have the obligation to cancel an Automatic Renewal upon the sale, lease, transfer or surrender of your vehicle (including in the event of theft or destruction by accident or other loss) and are liable for any costs incurred on your Account due to your failure to do so.

Service Period; Deactivation of Device

When you sign up to receive Subscription Services, MME will provide the Subscription Services included in the Subscription Service Package that you select for the term of the applicable Subscription, Trial or Renewal Period. If you do not Renew (or successfully complete a Renewal of) a Subscription Service Package, or are not enrolled in Automatic Renewal, and the Subscription Services are not otherwise terminated or cancelled in accordance with Section 3 (Cancellation and Termination), then MME will stop providing the Subscription Services for the Subscription Service Package at the end of the relevant Subscription, Trial or Renewal Period. In addition, if you do not purchase the Subscription Service Package or otherwise maintain an active Subscription, MME may choose to terminate your Safety Services after the expiration of your applicable Subscription, Trial or Renewal Period and, after notice to you, may also deactivate your Device. To reactivate your Device, you will need to call Customer Care and purchase a Subscription Service. In certain cases, you may be required to visit a Dealer to reactivate your Device.

Prices

The price for the Subscription Service Package, including Renewals (the “Subscription Fees”), will be disclosed to you before you finalize any Subscription or Renewal. Unless MME has agreed to a price with you in advance for Automatic Renewals, it may change the Subscription Fees for any of the Subscription Services and Packages from time to time. Prices do not include applicable taxes or any governmental fees or charges, which will be calculated at the time of purchase and disclosed to you before a purchase is finalized.

Payment

Purchases of Subscriptions and Renewals can be completed at the Owner Portal, via the Mobile App or by contacting Customer Care. Forms of payment accepted include most credit and debit cards. If any billing statement relating to any fees or charges for Subscription Services billed by or through MME appears incorrect, you or an Authorized User must call Customer Care or contact MME in writing at the address shown in Section 14(a) as soon as reasonably possible after the date of the billing notice and provide information to identify your Account and to explain why you believe the billing statement is not correct.

CANCELLATION AND TERMINATION

Cancellation; Refund

You may cancel any Subscription at any time by contacting Customer Care. We will attempt to contact you using your Account information on file to confirm that the request was authorized. If you do not confirm the request or cannot be reached after reasonable effort, MME will cancel the Subscription according to the original request. MME will refund to you a pro-rata amount of any pre-paid Subscription Fee following the cancellation request. If MME discontinues providing any Subscription Services as described in Section 3(c), it may refund you a pro-rata amount equal to the value of the specific Subscription Services that are being discontinued. Refunds are made to the credit card originally used to pay the Subscription Fee. No refunds are available for Subscription Services provided as a Trial or without separate itemised charge. In the event of a cancellation, MME may continue to provide Safety Services as described in Section 1(a) above, and the collection of certain Default Vehicle Data may also continue.

Termination

In the event that you or any Vehicle User violates these Terms, MME may terminate any Subscription prior to the end of the relevant Subscription Period by giving notice to you. MME will use reasonable efforts to notify you using your Account information on file at least 10 business days before the termination is effective; provided, however, if your or your Vehicle User’s violation of these Terms has or may have a material impact on MME (including its other customers or service providers), then MME may terminate any or all of your Services immediately and may also deactivate your Device. Grounds for termination may include failure to pay amounts due, abuse of the Services, use of Services for illegal or immoral purposes or to harass or interfere with lawful actions of other drivers, or interference with the business of MME or its service providers. Please see Section 9 for more information about your obligations with respect to the Services. If you dispute whether the violation took place, you may contact Customer Care to discuss the issue.

Discontinuation of Connected Services Program or Certain Services by MME

MME reserves the right to stop providing any or all Services at any time, including the Safety Services, if continuing to do so would no longer be commercially feasible, if access to services necessary to provide the Services, including telecommunications services, is no longer available, if the provision of Services would be in violation of any applicable laws, or for any other reason in MME’s sole discretion. MME may also deactivate your Device in connection with the discontinuation of the Services. MME will use reasonable efforts to notify you using your Account information on file of any such action, including a description of which Services it will stop providing and any that it will continue to provide, and the date on which it expects the discontinued Services will stop. If MME discontinues any Subscription Services for which you have pre-paid a Subscription Fee, MME will offer pro-rata refunds as provided in Section 3(a) above. MME, including its affiliates and business partners, will have no liability to you or any Authorized Users for exercising its rights under this Section 3(c) beyond payment of refunds.

Changes in Services

We reserve the right to add, modify or delete Services, to change the configuration of the Subscription Service Package, and to modify the terms on which MME sells Subscriptions, including Subscription Fees and the Subscription Periods available for any paid Subscriptions, including Renewals. MME will use reasonable efforts to notify you of the addition, modification or discontinuation of any Services included in any current Subscription using your Account information on file; the notice will generally describe the nature of the Service added or the modification of the existing Service (or identify the Service being discontinued), the manner in which the addition or modification will be effected (such as by a command sent by MME through the computer and data processing and storage systems used to provide Services, called the “Services Platform”, to the Device), and whether you need to take any action in order to finalize the modification, such as by powering the vehicle on and off or, in extreme circumstances, taking the vehicle to an authorized Dealer. MME will not charge you for any changes to Services made by it under this Section 3(d), but reserves the right to change prices for Renewals of Services as provided in these Terms. If you believe that the change to Services made by MME reduces the value of the Services (or of your vehicle), you agree that your sole remedy will be to cancel any Subscriptions as provided in Section 3(a).

Continuing Vehicle Data Collection; Continuance of Certain Services

Cancellation, expiration, termination or discontinuation of Subscription Services may not result in deactivation of the Device, and collection of certain Default Vehicle Data may continue. You understand and agree that we and our service providers may continue to collect data from you and from the Device and the vehicle as described in these Terms and the Privacy Statement as necessary for our internal use as described in Section III of the Privacy Statement and to continue to provide any Safety Services as we may choose to continue to provide.

SALE OR TRANSFER OF VEHICLE

Services are provided to you and your designated Authorised Users only. If you sell, lease, transfer or surrender your vehicle (including a surrender due to theft or destruction due to accident or other casualty) before the end of any applicable Subscription Period, MME will stop providing the Services when notified of the sale, lease, transfer or surrender and deactivate the Device to stop the transmission of any Default Vehicle Data. A “Subsequent Owner” (including any lessor or other transferee) of the vehicle may purchase Services through the Mobile App, through the Owner Portal, or from Customer Care. Any Subscription to a Package purchased by a Subsequent Owner will be subject to the then-current version of these Terms.

If you sell, lease, transfer or surrender your vehicle, it is your responsibility to promptly notify MME and, if applicable, to cancel any Automatic Renewal of a Subscription. In addition, if you sell, lease or otherwise transfer your vehicle directly to a Subsequent Owner, it is your responsibility to notify such Subsequent Owner of these Terms, of which Services (including the Safety Services) they may receive if they decide to reactivate the Device and receive the Services, and of the collection of data described in these Terms and the Privacy Statement. You are solely responsible and liable for any use of the Services or any access of your data for your vehicle under your Account by the Subsequent Owner or any other user, and for any Automatic Renewal, until you notify MME of the sale, lease, transfer or surrender. You may cancel any Subscription as provided in Section 3(a).

If you sell, lease, transfer or surrender your vehicle, we will continue to collect Collected Data (as defined below) until we are notified of the sale, lease, transfer or surrender and until such time such Personal Data will be attributed to you.

SAFETY AND SECURITY SERVICES; REMOTE SERVICES; PRIVACY MODE

Warning: In order for any Services, including any Safety Services and the Subscription Services, to operate, your vehicle must have a working electrical system (including adequate battery power, the Device (as defined below) must be activated and operating normally and must not be damaged from a collision or other event, the vehicle systems required for communications with cellular networks (including vehicle voice, SMS and data transmissions) must be working properly and must not be disabled, and the vehicle and, if applicable, the smartphone or other device you use to access the Mobile App must be in an area where they have access to the cellular networks used by the Services.

Automatic Collision Notification and SOS Emergency Assistance

For so long as you subscribe to the Subscription Service Package or during any time that we provide the Safety Services to your vehicle, you have the ability to contact Customer Care and request emergency assistance by pressing the marked button (the "SOS Button") inside the vehicle (consult a Dealer, Customer Care or the Owner’s Manual for information about the location of the SOS Button). In addition, your Device will automatically notify the Customer Care center upon the occurrence of certain events. These events include deployment of an airbag (or activation of an airbag deployment sensor) in your vehicle. Please note that Customer Care will be contacted even if the SOS Button is activated unintentionally, such as by bumping or by underage persons or persons not able to understand the function of the SOS Button. In any of those events, the Device will send the following information to the Customer Care centre: (1) information to identify the vehicle and the Primary Subscriber and (2) data about the event (e.g., vehicle speed and direction of travel at the time of the event, whether airbags deployed, location of the vehicle using the Vehicle Geolocation Information available from the Device). Upon receipt of this data, the Customer Care team will initiate a voice call into the vehicle to attempt to assess the condition of vehicle occupants and the nature of emergency services that may be needed. Customer Care will also send event data to the local emergency services provider, such as an accident & emergency dispatch centre (“PSAP” or “Public Safety Answering Point”). If the Customer Care team determines that an emergency is likely to be present (including if you or other vehicle occupants are not responsive to the voice call), the Customer Care personnel will so notify the PSAP, which will be responsible for dispatching emergency service resources, such as police, medical, fire or towing services, to the last known location of your vehicle.

Information Assistance from Vehicle or Mobile App – Roadside Assistance

If your Safety Services are active, you have the ability to contact Customer Care and request roadside assistance by pressing the marked button (the "Information Assistance Button") inside the vehicle (consult a Dealer, Customer Care or the Owner’s Manual for information about the location of the Information Assistance Button) or by using the Mobile App. Pressing the Information Assistance Button notifies Customer Care of the nature of your contact and sends certain data to Customer Care, including information to identify your vehicle and the Primary Subscriber and information about the location of your vehicle. Upon receipt of the signal from the vehicle, the Customer Care team will attempt to initiate a voice call into the vehicle. Customer Care will attempt to assess if summoning roadside assistance is required and, where appropriate, contact roadside assistance services and request dispatch to the last known location of your vehicle.

Information Assistance from Vehicle or Mobile App – Information Services

If your Safety Services are active, you have the ability to contact Customer Care by using the Information Assistance Button within the vehicle or in the Mobile App. Consult a Dealer, Customer Care or the Owner’s Manual for information about how to invoke this feature. Invoking this feature through the vehicle notifies Customer Care and sends certain data, including information to identify your vehicle and the Primary Subscriber and information about the location from which the request for information assistance is being made. Upon receipt of that signal from the vehicle, the Customer Care team will connect a voice call to the vehicle, and upon receipt of that signal from the Mobile App, the Customer Care team will connect a voice call to your mobile phone number associated with the Mobile App. Customer Care will facilitate the available Account management related functions as requested and as eligible based on Subscription status or Customer Care capability.

Use of Safety Services not a Substitute for Directly Contacting 999

Various factors can cause an emergency call through the Automatic Collision Notification and SOS Emergency Assistance feature to be connected to PSAP personnel more slowly than a direct call (or even to fail to connect). If you believe a life-threatening emergency exists, you should always attempt where possible to summon emergency help yourself, whether through dialing 999 on a mobile phone or landline or asking passers-by for assistance.

Consent for Sharing Data with Emergency Personnel

You agree on behalf of yourself and your Vehicle Users to the collection of the data necessary to provide these Safety Services, including Vehicle Geolocation Information, and to the sharing of data with us, Customer Care and any emergency personnel, as further described in these Terms and the Privacy Statement and the Owner’s Manual. You agree to inform your Vehicle Users regarding this collection and sharing of data.

No Responsibility for Emergency Response or Roadside Assistance Providers

MME does not have any control over emergency service providers or roadside assistance providers. MME cannot assure you, or make any guarantees, about the manner or timeliness of response of these providers, or whether these providers will be able to reach you or your vehicle and provide meaningful assistance, or whether they will in fact respond at all or in a timely manner. MME and its partners in providing the Safety Services do not control the emergency service providers or the roadside assistance service providers and will not have liability for their actions.

Responsibility for Charges for Emergency Response or Roadside Assistance Providers

When the assistance of emergency service providers or roadside assistance providers is invoked as described above, emergency service resources or roadside assistance may be dispatched, either at the request of vehicle occupants or upon the determination of the PSAP personnel. MME and its partners in providing the Safety Services will have no responsibility for payment of any charges from such third party service providers for any assistance given to you or to the occupants of the vehicle who receive any such third-party services (including medical transport, medical services, roadside assistance or towing), including as a result of contacting Customer Care or as a result of an Automatic Collision Notification. You will be solely responsible for payment of any charges from the service providers.

Alarm Notification

If you subscribe to the Alarm Notification Service (only available if you purchase a vehicle with the Theft Alarm option) in the Subscription Service Package, you will be notified using all of the notification methods you have selected (e.g., via text, notification through your Mobile App and email) of any activation of your vehicle’s alarm notification system. When the alarm notification has been activated (including the audible alarm), you can turn an alert off only by using the “lock doors” button on your key fob; you must be within a few feet of your vehicle for this to work. If the alert is not turned off, all alarm notification features (including audible alarm) will continue to operate, and your vehicle’s battery may be drained. Even after the audible alarm ceases, the alerts will remain visible in the Mobile App. The Alarm Notification Service does not ensure nor guarantee that every vehicle intrusion will trigger a notification, and MME is not responsible for any failure to trigger a notification or for any false notifications.

Stolen Vehicle Assistance

If you subscribe to Stolen Vehicle Assistance in the Subscription Service Package and you believe that your vehicle has been stolen, please promptly notify the local police and file a police report, and then contact Customer Care. Once Customer Care has all the necessary information, including the police report, we will attempt to locate your vehicle using the GPS information from the Device and share that information with local police authorities. We cannot guarantee we will find your vehicle. If you do not provide us with the information we request, we have the right not to locate your vehicle. We are not required to try to locate your vehicle for the purpose of locating someone or something inside of the vehicle. However, upon request with proper information and documents, we may decide to do so. When you use this Service, you agree that we may disclose to law enforcement, as necessary, all information about the vehicle that we can obtain, including without limitation, the latitude and longitude of the vehicle (geolocation), vehicle speed, and direction the vehicle is heading. You understand that even if we have all of the necessary information, we may not be able to locate your vehicle (such as if the Device has been tampered with, the vehicle is out of range of cellular service, the vehicle battery has been drained, etc.). The Stolen Vehicle Assistance Service does not ensure nor guarantee that your vehicle will not be stolen or that your stolen vehicle will be located, and MME is not responsible for any failure to locate your vehicle.

Remote Services

If you subscribe to the Remote Services Package, you have access to features that allow you to remotely control or receive information from your vehicle using the Mobile App or the Owner Portal or by calling Customer Care, depending on the feature. Please see the Owner’s Manual for a description of these Remote Services and how to use them. The Remote Services may not operate as expected due to system trouble or network conditions. Please see Section 9(a) for information about other factors that can affect your vehicle’s ability to use Remote Services and Section 9(g) for information about your responsibility to comply with any local laws when using Remote Services. For the Remote Door Lock/Unlock feature, you should ensure that your doors have responded appropriately to the remote command. In the absence of any fault on the part of MME, MME is not responsible for any loss or injury due to the failure of the Remote Door Lock/Unlock feature to function.

Privacy Mode

The Primary Subscriber (but not other Authorised Users) has the ability to put a vehicle into Privacy Mode using the Mobile App. The vehicle will remain in Privacy Mode until the Primary Subscriber takes it out of Privacy Mode. While the vehicle is in Privacy Mode, the Device will not send the location of the vehicle to the Services Platform when the vehicle is turned on or off, and the location will not be available to Customer Care, even if any Authorised User asks or tries to use the “Car Finder” or Stolen Vehicle service to locate the vehicle. However, if your vehicle is in an event that triggers an Automatic Collision Notification, or if you push the SOS Button, or Information Assistance Button, your latest known location will be provided to Customer Care. In addition, you may still use the Geofence function as described in the Owner’s Manual while your vehicle is in Privacy Mode.

PRIVACY; COLLECTION AND USE OF DATA

Privacy Statement

To enable operation of the Services (including any Safety Services), we and our service provider partners (including, without limitation, Customer Care, the operator of the Services Platform, and the wireless carriers providing any cellular or WiFi services) will collect various types of data from you and your Vehicle Users and from the vehicle. Much of this data constitutes 'personal data' as defined under the General Data Protection Regulation 2016/679 as it includes data that, taken alone or in combination with others, can be linked to an identified or identifiable user, especially via the vehicle identification number (“VIN”) or the vehicle license plate. Personal data collected includes Customer Information (e.g., personal information about you and your Vehicle Users that you provide to establish your Account, to manage your Subscriptions, as part of Customer Care calls, including calls initiated after you push the SOS button or Information Assistance button or there is an Automatic Collision Notification, etc.), certain Vehicle Information (e.g., information about your vehicle, such as your VIN, license plate number, etc.), Vehicle Use Information to the extent that it discloses information about you (e.g., information relating to your use of your vehicle, such as vehicle geolocation, vehicle speed, data from your vehicle’s event data recorder (“EDR Data”), etc.), Mobile Device Information (e.g., information about your mobile device that you use to access the Mobile App), and Access Information (e.g., information that is automatically collected in connection with your use of the Owner Portal or Mobile App, such as IP address) (collectively, “Collected Data”), as such terms are defined in the Privacy Statement.

The Privacy Statement describes in further detail the types of personal data we collect from your vehicle and through the various Services, where the data is stored, and how we use, disclose and share the data and your rights in relation to such personal data. The Privacy Statement is available at https://www.mitsubishi-connect.com/en/SafeguardRemote/Europe/cvsprivacy . This Privacy Statement may change from time to time, so review it with regularity and care. However, we will contact you directly if we make any material changes to the Privacy Statement. If you do not want this information to be collected, used or shared, you may exercise your rights as described in the Privacy Statement or cancel the Services as described in Section 3 above.

Voice Recording

Interactions with Customer Care and emergency personnel over voice channels provided through your vehicle may be recorded, retained and shared as deemed necessary, For more information about how and why we record these interactions please see the Privacy Statement.

Ownership of Collected Data

You, as the Primary Subscriber, own all of your Customer Information, Vehicle Information (other than information about the vehicle that does not change, such as VIN and model), EDR Data and Mobile Device Information. You agree that we and our service providers have a perpetual, irrevocable, worldwide, fully-paid right to use the Customer Information, Vehicle Information, EDR Data and Mobile Device Information to provide the Services and to operate and improve the Services. All Vehicle Use Information (excluding EDR Data) and Access Information belongs to MME and its service providers. You have certain rights to access, review, correct and obtain copies of any personal data about you that we hold. Please refer to the Privacy Statement.

COMMUNICATIONS

Consent to Use of Cellular Communication

The Services are provided using wireless cellular communications services, both in the vehicle and through the Mobile App. By agreeing to receive or by accessing the Services, you are providing, on your own behalf and on behalf of your Vehicle Users, consent to the use of these communications services.

Consent to Being Contacted

In order to provide the Services, MME and its service providers may contact you in the vehicle (such as by voice call), by email, SMS/Text or telephone to your Account information on file, or by the Mobile App through notifications to your mobile device. By providing this information to MME and by using the Mobile App, you consent to being contacted by these means, even if such communications may result in charges to you for use of voice, SMS/Text or data service by your cellular or internet service providers.

SYSTEM AND SERVICE LIMITATIONS

Geographic Limitations

You understand that the Services are designed and only intended to operate only in those countries listed on our website at https://www.mitsubishi-connect.com/en/SafeguardRemote/Service_scope/service_area_eur.pdf from time to time ("Connected Services Countries"). If you take your vehicle outside the Connected Services Countries, your Services (including your Device and/or your Mobile App) and/or your cellular service required for the Services may not work, and additional terms and conditions and/or fees may apply to your use of the Services in addition to these Terms and the Subscription Fees. MME is not responsible for any additional fees you may incur from third parties, such as your cellular service provider, due to your use of the Services outside of the Connected Services Countries. In addition, you understand and agree that any personal information you provide may be transferred to and processed in the European Union or other countries outside the European Union and handled in accordance with the Privacy Statement. Do not use the Services if you do not want your information transferred to or processed in this manner. Please see our Privacy Statement for more information on the extent to which your personal information may be transferred to countries outside the European Economic Area.

No Outbound Calling

You understand that you cannot place voice calls from your vehicle (other than to the Customer Care center using the SOS Emergency Assistance, Roadside Assistance or Information Assistance buttons) or use your vehicle to receive calls from anyone other than the Customer Care team, PSAP or roadside assistance personnel. The mobile telephone number associated with your vehicle is not published in any directory and is known only to MME and its service providers. We will not share it with you. Attempting to discover this mobile number or using it for purposes not permitted in these Terms will be a material breach of these Terms.

Limitations of GPS and Cellular Systems

The Services operate using the Global Positioning System (“GPS”), which uses satellite signals to estimate the location of your vehicle and uses cellular wireless network services to transmit that information to the Service Platform and to Customer Care. We also use the cellular wireless network to enable you to reach Customer Care from the vehicle or Mobile App and to enable Customer Care to contact you in the vehicle or at your mobile device. A number of factors can interfere with the availability or accuracy of GPS and cellular services, including topography, distance from cell towers, congestion of the cellular network, weather conditions, or land features that block access to satellite or cell tower signals, such as tunnels, hilly areas, below grade roadways or dense buildings or forest. MME CANNOT GUARANTEE THAT SERVICES WILL WORK EVERYWHERE, PARTICULARLY IN REMOTE OR ENCLOSED AREAS, OR IN ALL VEHICLES AT ALL TIMES.

System Maintenance and Over the Air Updates

We and the service providers who work with us to provide the Services will need to perform maintenance on our systems from time to time, which could temporarily reduce or interfere with the availability of Services. When we are the party performing the maintenance, we will try to limit our work to hours when usage of Services is typically low (and we ask our partners to do the same), but emergencies may require us or our partners to take actions during normal usage hours. NEITHER WE NOR OUR PARTNERS WILL HAVE ANY LIABILITY FOR YOUR INABILITY TO ACCESS OR USE SERVICES DURING THESE MAINTENANCE WINDOWS.

We may also need to send software updates to your Device from time to time, such as to correct errors, to improve Services or to address security vulnerabilities. We may send these updates without your consent, but we will use good faith attempts to notify you in advance of these changes and of the impact they may have, particularly if we believe that the update will or could reduce the availability of Services during a particular time period or could interfere with any data you have entered into the system for the Services or any settings you have chosen in your vehicle, in your Mobile Apps or in your Account. WHILE YOUR DEVICE IS RECEIVING A SOFTWARE UPDATE, YOU MAY BE UNABLE TO USE THE SERVICE IN ANY MANNER UNTIL THE SOFTWARE UPDATE IS COMPLETE.

Changes in Technology

The operators of the GPS services and cellular network operators may take actions that update their equipment and technology so that it is no longer compatible with your vehicle. While we have taken reasonable precautions to design the Device and vehicle to be compatible with known development plans of GPS and cellular network service providers, we cannot guarantee that the Services will continue to be available in the event of such changes, and we disclaim responsibility for the loss of any Services. If you believe that any such changes to Services due to actions of cellular network service providers or the authorities responsible for the GPS system reduce the value of the Services (or of your vehicle), you agree that your sole remedy will be to cancel any Subscriptions as provided in Section 3(a).

Other Factors Outside MME Control

We and our service provider partners are not responsible for any delay or failure in performance of the Services if such failure or delay could not have been prevented by reasonable precautions, including where such failure or delay is caused by acts of nature, or forces or causes beyond our reasonable control. Examples include public utility, cellular service or GPS service failure, failures of third parties not under our control, acts of war, government actions, terrorism, civil disturbances, labor shortages or difficulties (regardless of cause), weather events, or equipment failures including Internet, computer, telecommunication or other equipment or technology failures.

Accuracy of Results

MME does not guarantee any results or the accuracy of any results that you may obtain from the Services, including but not limited to any location calculated by the Services.

YOUR RESPONSIBILITIES

Maintenance of Your Vehicle; Deep Sleep Mode

You have the responsibility for keeping your vehicle and its systems required for the Services fully charged and in good working order. Your Dealer can advise you about what maintenance is required for this purpose and provide it to you. You can confirm that your system is working properly by contacting Customer Care. If you intend to install audio equipment to replace the equipment supplied with your vehicle, it is your responsibility to ensure that the replacement equipment will not interfere with the functioning of the Services, including the ability of your vehicle to receive and broadcast voice calls from Customer Care or a PSAP. Please contact your Dealer if you have any questions about the compatibility of third party equipment. If you do not start and run your vehicle for an extended period (generally in excess of 5 days), your vehicle is designed to put the communications systems into a “deep sleep” mode to save battery power. You can only awaken your vehicle from deep sleep mode by physically starting the ignition. While the vehicle is in deep sleep mode, it will not be able to receive any signals from the Mobile App or Customer Care or to carry out any Remote Services.

Proper Usage of the Services

You are solely responsible for any use of the Services in your vehicle associated with your Account (including through the Mobile App), even if you are not the one using them and even if you later claim that the use was not authorized. You are also solely responsible for any other services (such as emergency medical or roadside assistance services) requested by you or by any of your Vehicle Users (whether the request is made through the vehicle, the Owner Portal, the Mobile App or by contacting Customer Care). You have the responsibility to train your Vehicle Users in the proper use of the Services (such as teaching children not to press the SOS emergency assistance or information assistance buttons as a toy). Neither we nor our service provider partners, including Customer Care, have an obligation to inquire about the authority of anyone using your vehicle or accessing Services through your Account. Specifically, you agree when you use the Services:

1. not to use the SOS button or Information Assistance button other than to ask for emergency help or roadside assistance in case of actual emergencies and roadside assistance needs or for genuine requests for information or other assistance;
2. not to use your Service for any fraudulent, unlawful, or abusive purpose, such as to harass or annoy any person or to put any person or property in harm’s way or to cause damage to any person or property;
3. not to use your Services in any way that interferes with our ability or the ability of our service providers to provide Services to other customers;
4. not to abuse or do anything to damage the business operations, services, reputation, employees, facilities of us, our Dealers or any of our service provider partners; and
5. not to use any of the Services available to you or any of the content you receive or access through the Service, including content in or available at the Owner Portal or in any documentation (collectively, the “Content”) for commercial purposes, including to provide services to any other person.

You agree that if you do any of these things and we, our Dealers or our service provider partners are involved in any legal claims or litigation resulting from your actions or are damaged in any way, you will be responsible for our expenses in defending ourselves and for any damages or legal fees or costs that we need to pay to anyone.

Notification to Vehicle Users and Vehicle Occupants

It is your sole responsibility to tell your Vehicle Users about the Services and how they work, what data may be collected (e.g., collection of Vehicle Geolocation Information) and how that data may be shared, and what the limitations of the Services are (e.g., they may not work in remote areas). If you choose to activate features such as Curfew, Geofence or Speed Alerts, you have the obligation to explain that remote monitoring of the vehicle will be conducted using parameters that you set. You agree to make all Vehicle Users aware of and subject to these Terms and the Privacy Statement, and you are responsible for not only your own compliance with these Terms and use of the Services but also for the compliance and use by all Vehicle Users and users of your Account or vehicle, whether or not authorized by you.

Integrity of the Device

The Device is not intended to be accessed, maintained or handled by anyone other than qualified Dealer service personnel. You must take care not to attempt to access or to tamper with, or allow any other person (including any persons other than qualified Dealer service personnel providing service to your vehicle) to access or tamper with, the Device. Tampering with your Device may result in the Services not operating properly and may void your Device’s warranty.

Integrity of Your Account

You agree to keep your information in your Account up to date at all times in the Mobile App, Owner Portal or by contacting Customer Care. You agree that MME may rely on the information in your Account to contact you, including without limitation for purposes of notifying you of a request to cancel the Services per Section 3(a) and of a pending Automatic Renewal per Section 2(b), and that MME is not responsible for your failure to update your information in your Account.

You have the sole responsibility for safeguarding the security of your vehicle, your Account, any devices you use to access the Services, such as smartphones or computers, any services you use to access the Services, such as your home or business internet or cellular service, and any credentials you use (e.g., keys, PINs, usernames, passwords, secret questions, etc.) to gain secure access to any of these. You will be responsible for any actions taken by any person using your access credentials until you notify us that the security of your access credentials or any devices has been compromised, and you agree to cooperate with us in the correction of any device security issues or resetting of any access credentials. You further agree that MME may, in our sole discretion, treat any person who presents your credentials that we deem sufficient for Account access as you or an Authorised User on your Account for disclosure of information or changes in Service.

Other Equipment Used to Access Services

You are responsible for providing any additional equipment needed to access Services when not in the vehicle, such as a smartphone or computer, for installing the most recent version of any Mobile Apps, and for paying the costs of internet or cellular service in order to access Services through your smartphone or computer.

Complying with Laws

You are responsible for determining whether actions that you can take using the Services are permitted under the laws where you operate your vehicle. For example, local laws may limit your right to use your horn in certain areas or at certain times, whether you operate the horn from inside your vehicle or using a remote command from your Mobile App. Or, they may restrict whether or how long you may allow your vehicle to operate without any adult driver present, such as when you use the remote start feature to start your vehicle on a cold day. You can research your local laws on the internet or call your city or local government for guidance on where to find more information.

Insurance for Your Vehicle

You understand that the Services are not a substitute for automobile insurance. It is your responsibility to arrange appropriate insurance for your vehicle as required by the laws of the country or jurisdiction where you live and as required under the terms of any agreement you may have for the financing or lease of your vehicle. Any Subscription Fees relate solely to the value of the Services, not to the value of your vehicle or any property in it, or to the cost of any injury to or damages suffered by you or anyone else.

Consent to Transfer Information

The Services are operated from computer resources located within the European Union. If you are located outside the European Union, and are accessing the Owner Portal or Mobile App or otherwise using the Services, please be aware that information we collect will be collected and stored in the European Union. By using or accessing the Owner Portal or Mobile App, using the Services or providing us with any information through the Services, you consent to this transfer, processing and storage of your information in the European Union.

SYSTEM SECURITY

Security of Cellular Communications

The Services depend on cellular wireless networks to operate. While we and our service providers take reasonable precautions to protect communications from interception, there can be no guarantee that the data, SMS or other content (such as voice) transmitted over cellular channels will not be intercepted. You agree that we and our service provider partners will not have any liability for any actions taken by third parties to invade the privacy or security of these communications provided that we have taken reasonable precautions.

System Security

If you believe that any person is attempting to send commands to your vehicle using a device that you have not authorised, or has accessed any of your personal data or your vehicle data improperly, please contact Customer Care immediately and provide as much information as you can about the incident. We will investigate promptly and take any actions we think are reasonable and necessary in the circumstances to keep your Service or data secure. If we believe that a serious security issue is present, we reserve the right to disable all Services without prior notice to you. We will send you notice using your preferred notification methods (Mobile App, SMS and/or email) as soon as we can of the disruption in Services and will use reasonable efforts to restore Services as soon as possible. During any interruption, Services may not work correctly or at all. Please keep your Account information updated so that we may reach you if necessary.

Reports to You of Security Issues

If we believe that any unauthorized person has the ability to send unauthorised commands to your vehicle in a way that we believe could cause harm to you or your Vehicle Users, we will attempt to notify you promptly using your Account information on file and will comply with all laws that are applicable to the situation. If we believe that a serious security issue is present, we reserve the right to disable all Services without prior notice to you. We will send you notice using your preferred notification methods (Mobile App, SMS and/or email) as soon as we can of the disruption in Services and will use reasonable efforts to restore Services as soon as possible. During any interruption, Services may not work correctly or at all. Please keep your Account information updated so that we may reach you if necessary.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

Scope of Warranty for Device and Services

Your vehicle may have a limited warranty that includes the equipment installed in the vehicle that is needed to access and use the Services (together, the “System”), including the Device. Whilst MME will carry out the Services with reasonable skill and care, MME does not, however, make any warranty: (a) as to the performance of third parties such as providers of roadside assistance or emergency medical services who are called to assist you pursuant to the Services; (b) that the Services will meet your needs; (c) that the Services will operate without interruption; or (d) that the Services will be error-free.

Limitation of Our Liability

You agree that you have waived, and that we will have no liability for, any loss or damage that is not a reasonable foreseeable result of any breach by us. We will not have any liability for direct or other damages arising from your misuse of the Services, and in particular any breach of Section 9(b)(VI), the Device or your vehicle, or failure to maintain your vehicle or failure to follow instructions for use of the Services. [Our liability to you for any type of damages arising out of any cause of action in relation to these Terms will not exceed the amount paid by you to MME for the Services under these Terms during the twelve (12) month period preceding the last act giving rise to such liability.] These limitations apply whether you are making a claim under contract law or tort law. These limitations will not apply to damages for death or personal injury or damages caused by our negligence.

No Right of Action Against Third Party Service Providers

We contract with third party service providers in order to provide the Services to you, including wireless carriers, the Customer Care agents, the operator of the Service Platform, the manufacturer of the Device, the developer of the Mobile App and others. However, your contract is with MME and you do not have a right to bring legal actions against the third party service providers for breach of contract or warranty. You may have rights to bring actions against the third party service providers if you believe that their negligence or misconduct has harmed you. The warranty disclaimers, limitations of liability and other protections of these Terms extend to these third parties as well.

Modification of Terms

If any amendments to these Terms are required it is preferable that they be confirmed in writing. All Services provided to you by us are subject to these Terms together with any previous written or oral representation given or made by us or any of our representatives.

INTELLECTUAL PROPERTY RIGHTS

We, our third party service providers, and our and their licensors own all of the software and hardware technology (in both source and object code) used to provide the Services, including the System Platform, the Mobile Apps and the Owner Portal. This ownership extends to all copyrights, patents, patent applications and trade secrets used in that technology. As between the parties, MME also owns all intellectual property rights in any Content and in all worldwide trademarks and service marks that we and our service providers use in connection with the Services. You promise you will not (a) use or allow your Vehicle Users to use any Content you receive through the Services for any purpose other than the user of the Services, or (b) attempt to reverse engineer any of our technology to derive our trade secrets or source code, except as expressly authorized by us.

DISPUTE RESOLUTION

Informal Dispute Resolution

If you and we have a disagreement related to these Terms or the Services, or if you think you have any kind of claim against us or any of our service provider partners related in any way to the Services (a “Dispute”), you have the option of trying to resolve the Dispute with us informally. We will provide a means to contact an authorized MME representative in the “Contact Us” section of the Owner Portal.

Arbitration

If we mutually agree to do so, we may refer any Dispute to a single arbitrator in accordance with the provisions of the Arbitration Act 1996.

Law and Jurisdiction

Relevant United Kingdom law will apply to these Terms and the relevant courts of the United Kingdom will have exclusive jurisdiction in relation to these Terms, unless we have mutually agree to refer our Dispute to arbitration in accordance with Section 13(b).

Exception for Violation of Intellectual Property Rights

The obligation to use arbitration exclusively will not apply in any case where one of us believes that the other party has infringed or violated, or threatened to infringe or violate, any of its (or its licensors’) patent, copyright, trademark, trade secret, privacy or publicity rights. We both acknowledge that, because the harm can increase if not stopped immediately, there is likely no adequate remedy at law in such a situation, and that injunctive or other appropriate relief may be sought by the party who believes it is being harmed, either in court or from an arbitrator.

GENERAL TERMS

How We Communicate with Each Other

If we need to contact you, we will use the information we have about your Account. You have the responsibility to update your contact information if it changes. Any written notice from you required by these Terms will be considered given when we receive it at our address provided below. Any written notice from us required by these Terms will be considered given when we send it to you by email to any email address you have provided to us, or two days after we mail it to you, based on the postmarked date, at the most current billing address we have on file for you in your Account.

• The Colt Car Company
• Product Planning and Incentives Department
• Watermoor
• Cirencester
• Gloucestershire
• GL7 1LF

Severance and No Waiver

If any part of these Terms is considered invalid by a court or arbitrator, the rest of it will remain enforceable. It will also be binding on your heirs and successors and on our successors. No waiver of any part of these Terms, or of any breach of these Terms, in any one instance will require us to waive any other instance or breach. IN SOME CIRCUMSTANCES WE MIGHT DECIDE TO PROVIDE YOU SERVICE VOLUNTARILY EVEN IF YOU WOULDN'T OTHERWISE QUALIFY. THIS WON'T BE A WAIVER OR REQUIRE US TO DO SO AGAIN.

Updates to Terms

MME reserves the right to modify, amend, restate or replace any part of these Terms at any time except that MME will use reasonable endeavours to make sure that those changes do not result in changes that are unexpected to and unforeseeable by you. If MME makes any changes, we will notify you of such changes and their effective date via the contact information you have provided in your Owner Portal. You shall be deemed to have agreed to the revised Terms if you continue using the Services after the effective date of such changes. If you do not agree with the changes, your sole and exclusive remedy is to not use the Services or to cancel your Subscription Services Package and/or to request that your Device be deactivated in accordance with Section 3 (Cancellation and Termination) above.