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Terms and Conditions

By using this site, you accept these terms (“Terms”) for use of the Volkswagen Automotive Cloud Developer Tools. VW Automotive Cloud, LLC provides these tools. (referred to as VWAC LLC, we, our, or us in these terms).

These Terms outline your rights and responsibilities when using our application programming interfaces, software development kits and other developer tools (referred to collectively as “APIs” or individually as an “API”), so read them carefully. Additional terms may apply to the use of an API, including additional terms of service, terms within the accompanying API documentation, and any applicable policies or guidelines. If there is a conflict between these Terms and the additional terms, the additional terms apply for that conflict. If you use the APIs as an interface to, or in conjunction with other VWAC LLC products and services, then the terms for such products and services also apply.

  1. Account and Registration

    • Accepting the Terms
      You may not use the APIs and may not accept these Terms if (a) you are not of legal age to form a binding contract with VWAC LLC, or (b) you are a person barred from using or receiving the APIs under the applicable laws of the United States or other countries including the country in which you are resident or from which you use the APIs. If you are using the APIs on behalf of a company or other entity, you represent and warrant that you have full legal authority to bind it to these Terms. You acknowledge that all references to “you” in the Terms refer to that entity.

    • Registration
      To access certain APIs you may be required to provide certain information (such as identification or contact details) as part of the registration process for the APIs or your continued use of the APIs. You agree that any registration information you give to VWAC LLC will always be accurate and up to date.

  2. Using Our APIs

    • License from VWAC LLC
      Subject to these Terms, VWAC LLC grants you a limited, worldwide, non-assignable, non-exclusive and non-sublicensable license to use the APIs solely to develop applications for use with the VW Automotive Cloud. VWAC LLC reserves all rights not expressly granted to you in these Terms.

    • Your End Users
      You will require your end-users to comply with any applicable law and these Terms. You will not knowingly enable your end-users to violate applicable law or these Terms.

    • Compliance with Law
      You will use our APIs only as permitted by law (including without limitation laws regarding the import or export of data or software, privacy, or local laws). You will not use the APIs to encourage or promote illegal activity.

    • Permitted Access
      You will only access (or attempt to access) an API by the means described in the documentation of that API. If VWAC LLC assigns you developer credentials or API keys, you must use them with the applicable VWAC LLC APIs in the application for which they were designated. You will not misrepresent or mask your identity or your API Client's identity when using the APIs or developer accounts.

    • API Limitations
      VWAC LLC may set limits on the number of API requests that you can make, at its sole discretion. You agree to such limitations and will not attempt to circumvent such limitations.

    • Open Source Software
      Some of the software required by or included in our APIs may be offered under an open-source license. There may be provisions in the open-source license that expressly override some of these Terms, and in those cases, the overriding provisions apply. You agree to comply with the terms of any such license, including without limitation, any notification provisions.

    • Monitoring
      VWAC LLC may monitor the APIs' use to ensure quality, improve VWAC LLC products and services, and verify your compliance with these Terms. You will not interfere with such monitoring. VWAC LLC may use any technical means to overcome such interference.

    • Communication with VWAC LLC
      You agree that we may send you certain communications in connection with your use of the APIs. Please review the applicable API documentation for information about opting out of certain types of communication.

    • Feedback
      If you provide feedback or suggestions about our APIs, then you grant us a worldwide, royalty-free, non-exclusive, perpetual and irrevocable license to use, copy, modify, sublicense and exploit any such feedback or suggestions (including any ideas, concepts, methods, know-how or techniques embodied in such feedback or suggestions) for any purpose, without any restriction or obligation to you based on intellectual property rights or otherwise.

  3. Your API Clients

    • API Clients
      The APIs are designed to enhance your websites and applications (each, an “API Client”). VWAC LLC reserves the right to investigate any API Client for compliance with these Terms. Such investigations may include VWAC LLC accessing and using your API Client, for example, to identify security issues that could affect VWAC LLC or its users. You consent to any such investigation. VWAC LLC may suspend access to our APIs by you or your API Client without notice if we reasonably believe that you violate these Terms.

    • Security
      You are fully responsible for the security of all data on your site and processed via your API Client. You will protect all user information collected by your API Client, including without limitation personally identifiable information (PII), from unauthorized access or use and will promptly report to your users any unauthorized access or use of such information. If your API Client will access payment information, you will, at your effort and expense, comply with the Payment Card Industry Data Security Standard, the Payment Application Data Security Standard, as applicable, in addition to all applicable laws bearing on data privacy and cybersecurity. At VWAC LLC’s request you will promptly provide us with documentation evidencing such compliance.

    • Ownership
      VWAC LLC does not acquire ownership in your API Clients. By using our APIs, you agree that VWAC or third parties own all legal right, title and interest in and to the APIs, including any intellectual property rights that subsist in the APIs, including without limitation, any and all rights under patent, copyright, trade secret, trademark or other laws regarding proprietary rights.

    • User Privacy and API Clients
      You will comply with all privacy laws and regulations, including those applying to PII. You will provide and adhere to a privacy policy for your API Client that clearly and accurately describes to users of your API Client what user information you collect (such as PII, login information and VWAC LLC account data) and how you use and share such information (including for advertising) with VWAC LLC and third parties.

  4. Prohibitions

    • API Prohibitions
      When using the APIs, the following prohibitions apply:

      • You will not sublicense an API for use by a third party. Consequently, you will not create an API Client that functions substantially the same as the APIs and offer it for use by third parties.

      • You will not expose VWAC LLC products and services, including without limitation, the APIs, to viruses, worms, defects, Trojan horses, malware or any items of a destructive nature.

      • You will not defame, abuse, harass, stalk or threaten others.

      • You will not interfere with or disrupt the APIs or the servers or networks providing the APIs.

      • You will not reverse engineer or attempt to extract the source code from any API or any related software, except to the extent that this restriction is expressly prohibited by applicable law.

      • Certain developer credentials are, by their nature, considered confidential. You will not disclose such confidential credentials to any third party except your agent(s) using such information solely on your behalf in accordance with these Terms and under a written duty of confidentiality.

      • Our communications to you may contain VWAC LLC confidential information. If you receive any materials or communications that are clearly confidential or marked confidential, then you will not disclose the VWAC LLC confidential information to any third party without VWAC LLC's prior written consent.

      • You may not access, update, use or share VWAC LLC API functionality without user consent.

      • You may not access, update, use or share VWAC LLC API functionality without displaying or linking to this content or a summary of this content.

      • You may not cache or store any Content if the end user has asked that this Content be deleted.

  5. Content

    • Content Accessible Through our APIs
      Our APIs contain some third party content (such as text, images, videos, audio, or software) (the “Content”). This Content is the sole responsibility of the person that makes it available. We may sometimes review Content to determine whether it is illegal or violates our policies, and we may remove or refuse to display Content. Finally, Content accessible through our APIs may be subject to intellectual property rights. If so, you may not use it unless you are licensed to do so by the owner of that Content or are otherwise permitted by law. Your access to the Content provided by the API may be restricted, limited, or filtered in accordance with local laws, regulations, and policies.

    • Submission of Content
      Some of our APIs allow the submission of Content. Except as expressly provided in these Terms, VWAC LLC does not acquire any ownership of any intellectual property rights that you or your end users hold in the Content you submit to our APIs through your API Client. By submitting, posting or displaying Content to or from the APIs through your API Client, you give VWAC LLC a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute such Content. However, VWAC LLC will only use such Content for the purpose of enabling VWAC LLC to provide the APIs and only in accordance with the applicable VWAC LLC privacy policies. You agree that this license includes a right for VWAC LLC to make such Content available to other companies, organizations or individuals with whom VWAC LLC has relationships for the provision of syndicated services, and to use such Content in connection with the provision of those services. Before you submit Content to our APIs through your API Client, ensure that you have the necessary rights (including the necessary rights from your end users) to grant us the license.

    • Retrieval of content
      When a user's non-public Content is obtained through the APIs, you may not expose that Content to other users or third parties without explicit opt-in consent.

    • Prohibitions on Content
      Unless expressly permitted by the Content owner or by applicable law, you agree that you will not, and will not permit your end users to, do the following with Content returned from the APIs:

      • Scrape, build databases or otherwise create permanent copies of such Content, or keep cached copies longer than permitted by the cache header;

      • Copy, translate, modify, create a derivative work of, sell, lease, lend, convey, distribute, publicly display or sublicense to any third party;

      • Misrepresent the source or ownership; or

      • Remove, obscure, or alter any copyright, trademark or other proprietary rights notices, falsify or delete any author attributions, legal notices or other labels of the origin or source of material.

  6. VWAC LLC Privacy Policies

    By using our APIs, you agree that VWAC LLC can use submitted information in accordance with our privacy policies. If you wish to mix the VWAC LLC API content with other sources of location data, you must disclose to your end users that the data comes from multiple sources and explain if and how the mixed location data is shared back with the different sources, including VWAC LLC.

  7. Termination

    • Termination
      You may stop using our APIs at any time. VWAC LLC reserves the right to terminate these Terms or discontinue the APIs or any portion or feature, including without limitation your use thereof, for any reason and at any time without liability or other obligation to you.

    • Your Obligations Post-Termination
      Upon any termination of these Terms or discontinuation of your access to an API, you will immediately stop using the API, cease all use of the VWAC LLC Brand Features, and delete any cached or stored content that was permitted by the cache header under Sections 4 and 5. VWAC LLC may independently communicate with any developer account owner whose account(s) are associated with your API Client and developer credentials to provide notice of the termination of your right to use an API.

    • Surviving Provisions
      When these Terms are terminated, those terms that by their nature are intended to continue indefinitely will continue to apply, including but not limited to: Sections 7, 8, and 9.

  8. Liability for our APIs

    • Warranties
      NEITHER VWAC LLC NOR ANY OF OUR AFFILIATES OR AGENTS MAKE ANY RESPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, SECURITY OR ACCURACY OF THE APIS OR THE CONTENT FOR ANY PURPOSE. THE APIS MAY NOT BE AVAILABLE AT ALL TIMES. THE APIS AND THE CONTENT ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. VWAC LLC DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND WITH REGARD TO THE APIS AND THE CONTENT INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

    • Limitation of Liability
      TO THE MAXIMUM EXTENT PERMITTED BY LAW, VWAC LLC, AND VWAC LLC'S AFFILATES AND AGENTS WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES. TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF VWAC LLC, AND ITS AFFILIATES AND AGENTS, FOR ANY CLAIM UNDER THESE TERMS, INCLUDING BUT NOT LIMITED TO CLAIMS FOR ANY WARRANTIES THAT MAY NOT LEGALLY BE EXCLUDED, IS LIMITED TO THE GREATER OF (I) THE AMOUNT YOU PAID US TO USE THE APIS DURING THE SIX MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR (II) $10,000. NOTHING IN THESE TERMS LIMITS YOUR RESPONSIBILITY FOR INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. IN ALL CASES, VWAC LLC, AND ITS SUPPLIERS AND DISTRIBUTORS, WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.

    • Indemnification
      You agree to indemnify, defend and hold VWAC LLC, and its subsidiaries, affiliates, officers, agents, and employees, or partners, harmless from and against any and all claims, costs, losses, damages, judgments, assessments, penalties, interest and expenses (including without limitation reasonable attorney’s fees) arising out of any claim, action, audit, investigation, inquiry or other proceeding arising from or in any way related to:

      • Any actual or alleged breach of your representations, warranties or obligations under these Terms;

      • Your wrongful or improper use or your end user's wrongful or improper use of the APIs or Content;

      • Your actual or alleged violation of any third-party right, including without limitation any right of privacy, publicity rights or intellectual property rights; or

      • Your violation of any law, rule or regulation of the United States or any other country; or

      • Any other party’s access and/or use of the APIs or Content with your user name, password or other security code.

  9. General Provisions

    • Modification
      We may, in our sole discretion, modify these Terms or add or remove any terms to these Terms from time to time, and at any time.  Among other things, we may elect to charge fees for access to any of the APIs, offer or cease to offer support for the APIs, modify the APIs and require you to use the modified versions or require you to use the APIs in a different manner.  VWAC LLC will endeavor, but is not required, to post notice of modifications to these Terms or the additional Terms within the documentation of each applicable API. You agree that that it is your responsibility to review these Terms prior to use, and your continued use of the API constitutes an acceptance of the modified Terms.

    • General Legal Terms
      These Terms control the relationship between VWAC LLC and you. They do not create any third party beneficiary rights. If you do not comply with these Terms, and VWAC LLC does not take action right away, this does not mean that VWAC LLC is giving up any rights that it may have (such as taking action in the future). If it turns out that a particular term is not enforceable, this will not affect any other terms. The laws of the State of Washington, U.S.A. will apply to any disputes arising out of or related to these Terms or the APIs or Content. All claims arising out of or relating to these Terms or the APIs or Content provided hereunder will be litigated exclusively in the federal or state courts of King County, Washington, USA. You and VWAC LLC consent to personal jurisdiction in those courts.

 

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