Terms of Use

Terms of Use for the Service FS ID

1.Scope and purpose of the Financial Services ID

1.1 The Financial Services ID service (hereinafter "FS ID") is offered free of charge by Volkswagen Financial Services AG (hereinafter "VWFS"). The contractual partner for the use of FS ID is VWFS.

1.2 The FS ID is a central access service with which the user can log in to numerous services (e.g. websites and applications) of the Volkswagen Group (hereinafter "Services"), insofar as these support the FS ID.

2. Registration of the FS ID

Registration of the FS ID requires the user to register with a valid e-mail address. The FS ID is linked to the e-mail address entered during registration. Subsequently, the user receives a confirmation e-mail. The registration process is completed with the confirmation. The user can then enter personal details.

3. General obligations of the user when using FS ID

The user is obliged to protect access to his FS ID from unauthorised access by using secure login data. In particular, the login data must be carefully protected. It is prohibited to disclose the login data to third parties and/or to allow third parties to access the user account using the login data. This shall also apply to other users within a company. If problems or errors occur in the use of the FS ID or if indications of user account misuse or other irregularities in connection with the FS ID become known to the user, he must inform VWFS immediately by e-mail: support.fsid[at]vwfs.com.

4. Data protection

VWFS processes personal data of users in the context of providing FS ID. Further information on the handling of personal data can be found in the data protection information.

5. Changes to the terms of use and the scope of services

5.1 VWFS reserves the right to change the scope of services of FS ID and its Terms of Use for justified reasons and in a reasonable manner with effect for the future. The amended Terms of Use shall be communicated to the user's e-mail address no later than 30 days prior to their intended effective date. The amended Terms of Use shall be deemed to have been effectively agreed if the user does not object to the amendment in good time before the date on which it is scheduled to take effect and the user is expressly informed in the notice of amendment that failure to object shall be deemed to constitute consent to the amended Terms of Use. In the notice of amendment, special reference shall be made to the individual amendments. The amended Terms of Use shall also be effectively agreed by active consent. The current Terms of Use can be accessed via the registration page of FS ID.

5.2 Section 5.1 shall apply corresponding to the right of VWFS to transfer FS ID and these Terms of Use with all rights and obligations to a company of the Volkswagen AG Group (affiliated company within the meaning of Sections 15 et seq. of the German Stock Corporation Act (AktG)).

6. Rights of use

The user receives the free, non-exclusive, terminable, revocable, time-limited, non-transferable and non-sublicensable right to use FS ID in accordance with these Terms of Use.

7. Service restrictions

7.1 VWFS shall use reasonable efforts to ensure the full availability and functionality of the FS ID. No specific availability, accessibility or functionality of the FS ID is owed.

7.2 If a Service cannot be used due to the inaccessibility of FS ID, the user's claims are determined by the legal and contractual agreements to which that Service is subject.

8. Contract duration, termination, blocking

8.1 These Terms of Use are valid for an indefinite period and may be terminated at any time with immediate effect. This shall not affect the right of the parties to terminate the contractual relationship by extraordinary termination for good cause. In particular, VWFS shall be deemed to have good cause in case of material breach of an obligation under Section 3. Termination by VWFS shall be deemed to have been legally valid, among others, if the user is notified accordingly at the e-mail address provided by the user. Any notice of termination by the user shall be made in text form or by using the corresponding function for deletion of the user's account on the platform.

8.2 Termination shall result in the user having no access to his user account as of the effective date of termination and his rights of use under Section 6 shall expire.

8.3 In the event of justified termination with good cause without notice, VWFS may at its discretion, also order blocking of access to the user account instead of termination.

9. Exemption

9.1 The user shall indemnify VWFS against any and all third party claims arising from alleged or actual infringement and/or violation of third party rights due to actions performed by the user in connection with the use of FS ID.

9.2 In addition, the user undertakes to reimburse all costs incurred by VWFS as a result of claims made by third parties. Reimbursable costs shall also include the costs of reasonable legal defence.

10. Liability

10.1 VWFS shall be liable for intent and gross negligence as well as for damages resulting from injury to life, body or health resulting from an intentional or negligent breach of duty.

10.2 VWFS shall be liable only in the event of breach of a material contractual obligation, the performance of which is a prerequisite for proper execution of the contract and compliance with which the user may regularly rely on (cardinal obligation). In the event of slight negligence, liability shall be limited to the amount of the foreseeable damage that can typically be expected to occur. Liability is otherwise excluded.

10.3 To the extent that the liability of VWFS is limited or excluded, this shall also apply to the liability of VWFS's legal representatives, employees and vicarious agents.

10.4 The liability in cases of mandatory statutory liability (e.g. Product Liability Act) remains unaffected.

10.5 The user is generally liable for all activities that take place using his FS ID. The user is not liable if he is not responsible for the misuse of his user account because there has been no breach of the existing duties of care.

11. Consumer Dispute Resolution Act and online dispute resolution

11.1 VWFS is neither willing nor obliged to participate in any dispute resolution procedure before a consumer arbitration board.

11.2 Users can use the EU Commission's platform for out-of-court dispute resolution. The EU Commission's platform for online dispute resolution can be accessed via the following link: https://ec.europa.eu/consumers/odr.

12. Final Provisions, Applicable Law, Place of Jurisdiction

12.1 Should one or more provisions of these Terms of Use be or become invalid, this shall not affect the validity of the remaining provisions.

12.2 These Terms of Use shall be governed exclusively by the laws of the Federal Republic of Germany, excluding the conflict of laws provisions and the UN Convention on Contracts for the International Sale of Goods.

12.3 If the user is a consumer and has his or her habitual residence in a country other than Germany, the application of mandatory legal provisions of that country shall remain unaffected by the choice of law in section 12.2. Mandatory legal provisions protecting the user shall take precedence over these Terms of Use. A consumer within the meaning of this clause is any natural person who concludes these Terms of Use for private use.

12.4 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 in connection with this contractual relationship shall be Braunschweig, Germany.

Status: 7/ 2024