Software Online Update Service Agreement

Special reminder

We would like to remind you that before using the vehicle software online upgrade service (On-The-Air, hereinafter referred to as "OTA"), please carefully read this "Software Online Upgrade Service Agreement" (hereinafter referred to as the "Agreement") and ensure that you fully understand this Agreement, especially the clauses that exempt or limit our liability, the clauses that restrict users, etc.This Agreement is provided by Changan Automobile Deutschland GmbH (hereinafter referred to as "we" or "Changan Germany"). "You" and "User" in this agreement refer to individuals who use OTA services.

This Agreement stipulates the rights and obligations between us and you regarding vehicle OTA services. Unless you have fully read, fully understood and accepted all the terms of this Agreement, you have no right to use OTA services. Your use of OTA services is deemed to have read and agreed to sign this Agreement. This agreement can be updated at any time as needed. Once the updated agreement terms are announced, they will replace the original agreement terms. You can check the latest version of the agreement terms in the prompt interface before the software is upgraded online. After modifying the terms of the agreement, if you do not accept the modified terms, please stop using the OTA service immediately. Your continued use of the OTA service will be deemed to have accepted the modified agreement.
User Statement and Warranty

You expressly declare and guarantee that you are a civil subject with full civil capacity and have sufficient legal rights or authorization to sign and perform this Agreement. Your signing and performance of this Agreement will not conflict with or cause any other agreement that you need to perform.
OTA service content
1. The OTA service can upgrade the vehicle's internal software, thereby keeping the vehicle software system up to date or at the appropriate version, improving vehicle performance or introducing new functions.
2. The specific service content of OTA services is provided by us based on actual conditions, including but not limited to the following:
  1. Upgrade immediately
    In the OTA upgrade interface, when you click "Install Now" in the car, the on-board system will immediately trigger the software installation process. This process takes a certain amount of time. After completing the software installation, the on-board system will inform you of the installation results .
  2. Upgrade later
    In the OTA upgrade interface, when you click "Remind me later " in the car, the in-car system will prompt you again to select the software installation method after a period of time.
  3. Appointment for upgrade
    In the OTA upgrade interface, when you click " Schedule install " in the car or mobile APP and set the specific installation time , the in-vehicle system will run the software installation process at the specified time.
3. Before using the OTA upgrade service, please be sure to carefully read and comply with the following precautions:
  1. Please ensure that the vehicle is in a safe position;
  2. OTA service relies on the network for data transmission, upgrade package download, result reporting and other actions. Please ensure a good network connection;
  3. Please ensure that the vehicle is in the parking position and not charging; during the software upgrade process, the vehicle will not be able to drive and cannot be charged, so please do not drive the vehicle;
  4. Please ensure that the vehicle windows, sunroof, tailgate, and front trunk are closed;
  5. Please ensure that the OBD diagnostic interface is not connected to any external device during the software upgrade process;
  6. During the software upgrade process, it is normal for a brief malfunction prompt or the screen to turn off.
Collection of personal information

You understand and agree that when you use OTA services, we will collect your vehicle terminal’s unique device identifier, system version, service provider, International Mobile Equipment Identity (IMEI) , access Network mode/type/status, MAC address, device model, device type, device version and the upgrade preference information you input. This information is used to identify the current version of the software in the car and the corresponding upgraded version and to provide the system Determine whether the current network status can support OTA upgrade services. User upgrade habits are used to provide user-preferred upgrade packages to ensure that the upgrade functions provided to you can be carried out safely and stably.

For more information regarding how we process and protect your personal data, please refer to our Privacy Policy in your vehicle.
Termination, change and interruption of service
1. Termination of service
  
  You understand and agree that we have the right to terminate services to users under the following circumstances:
  1. When a user violates the relevant provisions of this Agreement, we have the right to terminate the provision of services to the user.
  2. When the Agreement are terminated or updated, the user expressly does not want to accept the new Agreement;
  3. The user's use causes our legal rights to be infringed;
  4. The service must be terminated due to laws, regulations, policies and other reasons .
2. Service changes and interruptions
  
  You understand and agree:
  1. In view of the particularity of OTA services, users agree that we will change, interrupt part or all of OTA services, and delete the data information generated during the OTA service process. We will not notify you further, and users understand and agree that we will not be held liable for these actions, provided they are carried out in compliance with applicable laws and regulations.
  2. We need to regularly or irregularly detect or update the platform that provides OTA services. If the OTA service is interrupted within a reasonable period of time due to such circumstances, users understand that we will not be held responsible for this.
  3. For the provision of OTA services, we will strive to keep them in the best condition, but OTA services involve vehicle electronic and electrical systems, vehicle wireless communication equipment, network communication service transmission, backend systems, the normal operation of user mobile phones, and the user's Many factors such as the correct operation of the vehicle may involve network instability and malicious attacks. We cannot guarantee the content and uninterrupted service of the OTA service provided. Users acknowledge and accept the inherent risks associated with using the OTA system for software upgrades.
  4. Users understand that we will not be held responsible for the cessation, inability to use, and changes in service content due to the factors that the OTA service relies on described in the previous paragraph.
  5. Some contents of OTA services require user’s mobile phone operations to be implemented. Do not operate your mobile phone while driving. The company does not assume any responsibility for traffic accidents and other incidents caused by using mobile phones while driving.
  6. When OTA services are stopped or unavailable due to force majeure such as war, turmoil, strikes, earthquakes, tsunamis, fires, power outages, etc., users understand that we will not be held responsible for this.
Modifications to the Agreement
1. Based on the particularity of OTA services, we have the right to modify any content of the Agreement based on actual conditions and prompt users to modify the content in appropriate ways.
2. If you do not agree with our modifications to the Agreement, you have the right to stop using OTA services.
3. Within 15 days after we send the modification notice, if the user does not raise a written objection and continues to use the OTA service, the user will be deemed to have accepted the modifications we have made to the Agreement.
Disclaimer and Compensation Statement
1. If we have clearly stated that the service provision method has changed and reminded users of the matters they should pay attention to, all consequences arising from the user's failure to operate as required shall be borne by the user.
2. The user explicitly agrees that the risks associated with his or her use of OTA services will be entirely borne by him or her, and all consequences arising from his or her use of OTA services will be borne by him or herself.
3. If the user commits any illegal, untrue, unfair or infringing act on the legitimate rights and interests of a third party when using the OTA service, or if the user violates any terms under this agreement and causes losses to us and any other third party, the user agrees to bear the responsibility. Liability for damages resulting from this.
Others
1. We solemnly remind users to pay attention to the clauses in this agreement that exempt us from responsibilities and limit user rights. Users are asked to read carefully and consider the risks themselves. If you do not have full capacity for civil conduct due to factors such as age, intelligence, etc., please read and judge whether you agree to this agreement in the company of a legal guardian. If you do not agree, you have the right to stop using OTA services . Once you use the OTA service , you are deemed to have read and fully understood the entire content of this agreement, and fully agreed to, signed and abide by this agreement in the company of your legal guardian.
2. The establishment, validity, performance, interpretation, dispute resolution and other related matters of this agreement shall be governed by the laws of Germany, except as otherwise provided by any mandatory applicable law in your jurisdiction, in which case the governing law in relation to all or particular rights and obligations of the parties shall be the laws of your usual place of residence. If any dispute or controversy occurs between the user and us, it should first be resolved through friendly negotiation. If the negotiation fails, either party agrees to submit the dispute to the court of Munich, where Changan Germany is registered, or at your usual place of residence.
3. This Agreement is made in Munich, Germany.
4. No matter whether any provision of this Agreement is invalid or unenforceable for any reason, the remaining provisions are still valid and binding on both parties.