Volkswagen ID Terms of Use

Version dated 14 April 2020

1. Scope

1.1 These Terms of Use (‘Terms of Use’) apply to Volkswagen ID, Volkswagen AG’s central digital user account and privacy management tool (‘Volkswagen ID’).

1.2 The provider of Volkswagen ID is Volkswagen AG, a public limited company under German law (Aktiengesellschaft) headquartered at Berliner Ring 2 in 38440 Wolfsburg, Germany (‘Volkswagen AG’). Volkswagen AG is entered in the Register of Companies at the District Court of Braunschweig under number HRB 100484. The VAT ID number of Volkswagen AG is DE 115235681. You can also contact Volkswagen AG by telephone (telephone number: +49 5361 9 0) or email (email address: vwid-support@volkswagen.de).

1.3 Any user who is fully legally competent to conclude legally valid contracts (‘you’ or ‘the user’) is entitled to register and use Volkswagen ID.

1.4 Volkswagen AG may change these Terms of Use from time to time with effect for the future. Changes to these Terms of Use shall only take effect with your consent.

2. Scope of service and purpose of Volkswagen ID

2.1 Volkswagen AG provides you with the Volkswagen ID free of charge for an indefinite period.

2.2 You may use your Volkswagen ID to log into services provided by Volkswagen AG or third parties (‘third-party providers’) (e.g. websites and applications, ‘associated services’) available through the Volkswagen ID and provide your personal data to the associated services. Using your Volkswagen ID, you can manage your data and the associated services’ access to this data, and certain other aspects of the associated services, such as preferences and consent (e.g. newsletter subscriptions). Volkswagen ID may also allow you to store additional data in your Volkswagen ID, including a profile picture. You may also download a copy of your (personal) data stored in your Volkswagen ID.

2.3 These Terms of Use apply exclusively to Volkswagen ID. Some associated services may be subject to additional terms of use. The use of services from third-party providers may be subject to a separate agreement between you and the other provider(s). You are solely responsible for selecting associated services from third-party providers. With regard to associated services from third-party providers, Volkswagen AG refuses any responsibility for their availability, functionality, content, terms of use and/or data processing.

2.4 The development of web-based services, legal requirements and jurisprudence occasionally requires the services to be developed further and adapted to new technical possibilities or changes in user behaviour. In light of this, Volkswagen AG reserves the right to adapt the functionality of Volkswagen ID accordingly at any time.

3. Registering your Volkswagen ID

3.1 To register for Volkswagen ID, you must complete the required (text) fields with the relevant applicable, clear and accurate information and a password (‘login details’). All details provided during the registration process must be verifiable in the event that Volkswagen AG or third parties request information or documents relating thereto in order to provide associated services.

3.2 To access Volkswagen ID, you must choose a long password that is not easy for third parties to guess. First names, surnames, birthdays or names of family members are particularly unsuitable as a password. The same applies to simple combinations of digits (e.g. 12345). Avoid frequently used or repeating words. You are responsible for protecting your login details for Volkswagen ID from unauthorised access in an appropriate way. In particular, you must keep your password strictly confidential. If your password becomes known to third parties, you must change it immediately. If you are no longer able to log into your Volkswagen ID, please contact Volkswagen AG’s customer service without delay.

4. Customer Care

In the event of technical issues or other problems, you can contact Volkswagen AG’s customer service via email: vwid-support@volkswagen.de.

5. Usage rights, user content and data use

5.1 You receive a free-of-charge, non-exclusive, non-transferable and non-sub-licensable right to use your Volkswagen ID until the termination of the usage agreement based on these Terms of Use (‘usage agreement’) in accordance with the stipulations of these Terms of Use. You are obliged to comply with these Terms of Use and all laws or regulations which apply to your use of Volkswagen ID and to refrain from any misuse of Volkswagen ID. You undertake to refrain from any activities that impair the functionality of Volkswagen ID (e.g. through the implementation of other software or scripts).

5.2 You must have full authorisation to use all content you create in your Volkswagen ID and/or upload to your Volkswagen ID (e.g. text, images, graphics, audio files, video files, links; ‘user content’). You may not create any user content in your Volkswagen ID and/or upload any user content to your Volkswagen ID that

(a) violates applicable law or is associated with or promotes money laundering or gambling;

(b) is grossly harmful, harassing, blasphemous, defamatory, obscene, defamatory, libellous, offensive, pornographic, paedophilic, scurrilous, in violation of another person’s privacy, hateful, racist, ethically reprehensible or degrading;

(d) causes harm to minors in any way;

(e) infringes a patent, trademark, design, name right, copyright, property right or general personal rights;

(f) misleads or deceives the recipient with regard to the source of the communications contained therein or transmits information which is grossly offensive or threatening;

(g) you use to masquerade as another person in any way;

(h) contains software viruses or other computer codes, files or programs designed to interrupt, destroy or restrict the functionality of computer resources;

(i) threatens the unity, integrity, defence, security or sovereignty of a state, friendly relationships between states or public order or incites an identifiable crime or misdemeanour or impedes the investigation of a crime or misdemeanour or defames another state;

(j) glorifies, promotes or trivialises violence, war or a terrorist or extremist political organisation.

Volkswagen AG accepts no responsibility for user content, does not assume or present it as its own content and does not espouse the statements contained therein. You grant Volkswagen AG usage rights to the user content to the extent required to lawfully provide you with services in the context of Volkswagen ID . Copyright, name and brand rights and other rights (particularly personal rights) of Volkswagen AG and third parties must be taken into account when using Volkswagen ID.

6. Cybersecurity

6.1 We strongly recommend that you take all available measures (e.g device password, graphic pattern recognition etc.) to protect your devices from misuse or unauthorised access by third parties.

6.2 Volkswagen AG takes suitable measures to avert the risks of cyber attacks for vehicle safety, road safety, life, health, the right to informational self-determination (privacy), property, assets and other legal interests of the user, owner or holder of a Volkswagen vehicle or third party, as well as those of Volkswagen AG. Such measures may lead to service restrictions for Volkswagen ID and/or associated services. Depending on the severity of the risk and/or the significance of the at-risk legal interests, (temporary) blocking of Volkswagen ID may also be required. In that event, it may not be possible to use Volkswagen ID and/or associated services.

7. Service restrictions

Volkswagen AG shall make every reasonable effort to ensure full availability of Volkswagen ID and to restore its functionality without undue delay in the event of an interruption. Cases of force majeure (e.g. military conflicts, epidemics and pandemics, natural disasters, industrial disputes) or necessary maintenance, repairs or other work on technical equipment belonging to either Volkswagen AG or a third party involved or used to provide data, content, information or transmission capacities may result in unavoidable, temporary disruptions or interruptions.

8. Compliance with export regulations and control

8.1 When using Volkswagen ID and the associated services, you are responsible for compliance with all applicable foreign trade and export control provisions, laws and regulations, particularly with regard to the import, export, re-export or use of digital services and associated products, software and technologies. 8.2 You also acknowledge and confirm that - in accordance with applicable and legally stipulated export control and sanction provisions - you are not prohibited from obtaining or using digital services and associated products, software or technologies.

9. Liability

9.1 Unless otherwise stipulated in Items 9.2 to 9.4, Volkswagen AG shall be liable in accordance with the applicable legal requirements.

9.2 Volkswagen AG is not liable for damages and losses arising from any use of Volkswagen ID by the user that is not in compliance with these Terms of Use.

9.3 Volkswagen AG is not liable for associated services provided by third-party providers or any damages or losses that are incurred if you (1) select an unsuitable password that does not meet the requirements stated in Item 3.2, (2) do not keep your password safe, in violation of these Terms of Use, and/or (3) grant a third party access to your Volkswagen ID.

9.4 The fact that the Volkswagen ID can be used as a login for associated services provided by third-party providers does not make Volkswagen AG liable for the availability, functionality or lawfulness of the content of such services.

9.5 The limitations of liability stated in Items 9.2 to 9.4 shall not apply in the event of fraud, death or physical injury, to statutory product liability, to fraudulent concealment of a fault, to assumption of warranties and/or to the violation of essential contractual obligations (also known as material contractual obligations).

9.6 Insofar as the legal regulations provide for direct liability of the legal representatives, employees and / or vicarious agents of Volkswagen AG towards the user, their liability shall be excluded for damages caused merely by negligence. For clarification: this Item 9.6 does not limit Volkswagen’s liability towards the user.

10. Applicability, termination and blocking

10.1 The usage agreement shall enter into force with the registration of your Volkswagen ID and your acknowledgement of these Terms of Use. The usage agreement shall come to an end when it is terminated in accordance with these Terms of Use.

10.2 You may terminate the usage agreement at any time with immediate effect by deleting your Volkswagen ID.

10.3 Volkswagen AG may (ordinarily) terminate the usage agreement with a notice period of six weeks as of the end of a calendar month if Volkswagen AG ceases the provision of Volkswagen ID in the country of your domicile or ordinary residence.

10.4 Volkswagen AG may also terminate the usage agreement for good cause with immediate effect. Good cause shall be deemed to occur in particular if you violate these Terms of Use to a considerable degree, particularly if said violation leads to adverse effects for Volkswagen ID or associated services. Volkswagen AG shall notify you by email prior to termination and shall give you the opportunity within an appropriate period to cease or eliminate a breach of these Terms of Use or impermissible conduct. However, Volkswagen AG is not obliged to give such prior notice if (1) immediate termination of the usage agreement appears necessary or advisable due to the severity of the adverse effects for the IT security of VOLKSWAGEN ID or associated services and/or (2) the grounds for termination cannot be remedied due to their legal nature.

10.5 If you (1) are unable to truthfully supply the acknowledgement and confirmation in Item 8.2 or (2) do not cease or eliminate violations and impermissible conduct within the period set by Volkswagen AG in accordance with Item 10.4, Volkswagen AG may terminate the usage agreement and any associated agreements between you and Volkswagen AG with immediate effect and block your access to Volkswagen ID and all associated services and associated products, software features and technologies in future.

10.6 In the event of cybersecurity issues (see Item 6), Volkswagen AG may, instead of terminating the usage agreement, block your access to Volkswagen ID and all associated products, services, software features and technologies until the grounds for this block no longer exist.

11. Place of jurisdiction, applicable law

11.1 The exclusive place of jurisdiction for any and all claims arising from and in conjunction with these Terms of Use shall be Wolfsburg, Germany, if you are not sing your Volkswagen ID as a consumer.

11.2 If you are a consumer, Volkswagen AG may only take action against you before the court at your domicile or ordinary place of residence. You may take action against Volkswagen AG before the court at Volkswagen AG’s headquarters in Wolfsburg, Germany, and before any other court which is competent in this case in accordance with applicable law.

11.3 For all disputes arising from or in association with these Terms of Use, only the law of the Federal Republic of Germany shall apply. The United Nations Convention on Contracts for the International Sale of Goods (CISG) shall not apply. If you are the consumer and your ordinary residence is in a state other than Germany, the application of this state’s mandatory legislation shall remain unaffected by the choice of law in clause 1 of this Item 11.3.

12. Consumer arbitration

Volkswagen AG hereby declares that it is neither willing nor obliged to take part in extrajudicial dispute resolution proceedings before a dispute resolution body.

13. Information for consumers domiciled or habitually resident in Argentina

VOLKSWAGEN AG HEREBY INFORMS THE CONSUMER THAT YOU HAVE THE RIGHT IN ACCORDANCE WITH APPLICABLE LAW TO CANCEL THE CONTRACT WITHIN TEN (10) CALENDAR DAYS OF ACCEPTING THE TERMS OF USE WITHOUT COSTS BEING INCURRED AND/OR OTHER OBLIGATIONS ARISING FOR YOU. ACCORDINGLY, YOU MUST DULY INFORM VOLKSWAGEN AG OF YOUR CANCELLATION, WHEREBY WE WILL CANCEL YOUR REGISTRATION. THIS RIGHT CANNOT BE WAIVED OR EXCLUDED.