Ask Mercedes Terms of Use

Terms of Use

PART I End User License Agreement ("EULA")

1 Introduction

1.1 Publisher and Provider
This App is being provided by its Publisher in an app store ("Platform") of the individual operator ("Platform Operator"). Contractual partner of the User is the Publisher indicated therein, unless the provider information indicates a different provider, then that Provider ("Provider") is beneficiary of this EULA, grants to the User respective rights to use the App and potentially provides support for the App.

The Platform Operator is not contractual partner of the User regarding the App or its content.

1.2 User of the App and Purpose of the Use
The User is contractual partner for use of the App, either in his/her own capacity as a private person or as a representative of the enterprise by which he/she is employed. If the User concludes the contract without being authorized to do so, the User will become contractual partner regarding this EULA in its own capacity.

This App may only be used by the following users and only for the indicated purposes:

This App may be used by any lawfully eligible User for both personal as well as for business purposes.

1.3 Function and Purpose of the App
The function and the purpose of the App are described under App Description.

1.4 Registration
In case a registration of a User account is required, the User must enter correct and complete data and keep such information current at all times. For the handling of this data, Part II is applicable.

2 Usage Rights

2.1 Range of Usage Rights

The lawfully eligible User is granted the non-exclusive, non-sublicensable, nontransferable and revocable right to use the App free of charge in accordance with the EULA for private purposes only. The license is limited in time to the term of this EULA.

Deviations and additions may result from information and terms for FOSS (sec. 2.2) and for third party content (sec. 2.3).

2.2 Usage Rights for FOSS

The App may contain parts of free and open source software ("FOSS"). For those components the Information and Terms for FOSS Information have priority over this EULA.

2.3 Third Party Content

The App may contain or use third party software or content. For those components the Information and Terms for Third Party Content have priority over this EULA. As far as rights are granted by a third party provider directly, the User enters into an agreement under the applicable terms with the third party provider regarding the use of the third party content when agreeing to this EULA. In case of a breach or violation of that agreement the third party provider may raise claims against the User.

2.4 Expiration of Usage Rights

The license is granted under the resolutive condition that the User obeys this EULA. In case of a breach of the User against this EULA, the license grant regarding the App and its content automatically expires.Irrespective thereof the Publisher and the Provider of the App may revoke the granted rights to use the App by unilateral declaration with immediate effect.

2.5 Breaches

In addition to the expiration of usage rights a breach against the EULA may have further legal consequences for the User, e.g. because of unlawful use of the App and its content. This also includes the omission or discontinuation of any further use of the App and claims for damages.

3 User Obligations

3.1 Confidentiality

3.2 Obligation to Inform about Dysfunctions

The User shall report any disruptions or dysfunctions regarding the App immediately to the contact stated under App Support.

3.3 Lawful Use

The User is obligated and warrants to use the App only in a lawful manner and in accordance with this EULA and applicable laws.

4 Limitation

4.1 Prohibitions Regarding Transfer and Exploitation

It is not permitted to allow the use of the App to any third party paid or nonpaid, to publish, to license, to sell or otherwise commercially exploit the App. No rights may be granted regarding the App, including rental, lease or transfer in any other way, which is inadmissible.

4.2. Prohibition of Changes

It is not permitted to change, to adapt or adjust, to translate, to create derivative works, to decompile, to reverse engineer, to disassemble the App, or otherwise try to derive the source code of the App. Legal powers to do so remain unaffected, in particular the User right to decompile the App in order to gain the necessary information to achieve interoperability with other programs, as far as the Publisher does not provide these under reasonable conditions.

4.3 Effects on Software or Websites of the Publisher or a Third Party

Any use of the App that has a negative impact on the App itself, associated websites or on software that the App accesses, is forbidden.

5 Warranty

5.1 Provision Free of Charge under Exclusion of Claims with Regards to Warranties for Defects

The app is provided "as is" and free of charge. In particular, no liability will be assumed for availability of the app and its content. To the fullest extent permitted under the law, all claims with regards to warranties for defects of the app are excluded, except for intent or gross negligence of the publisher or the provider of the app. The same applies with regards to potential support. User expressly acknowledges and agrees that use of the app is at user’s sole risk and that the entire risk as to satisfactory quality, performance, accuracy and effort is with user. To the maximum extent permitted by applicable law, the app is provided "as is" and "as available", with all faults and without warranty of any kind, and publisher and provider hereby disclaim all warranties and conditions with respect to the app, either express, implied or statutory, including, but not limited to, the implied warranties and/or conditions of merchantability, of satisfactory quality, of fitness for a particular purpose, of accuracy, of quiet enjoyment, and non-infringement of third party rights. Publisher and provider do not warrant against interference with your enjoyment of the app, that the functions contained in the app will meet user’s requirements, that the operation of the app or will be uninterrupted or error-free, or that defects in the app will be corrected. No oral or written information or advice given by publisher or its authorized representative shall create a warranty. Should the app prove defective, user assumes the entire cost of all necessary servicing, repair or correction. Some jurisdictions do not allow the exclusion of implied warranties or limitations on applicable statutory rights of a consumer, so the above exclusion and limitations may not apply to user.

5.2 Accuracy of Information

The Publisher makes every effort to provide accurate and up to date information within the App. However, the publisher makes no representations and/or guarantees and assumes no liability regarding the completeness and accuracy of such information. The presentation of goods, services and prices is does not constitute a contract or an offer to make a contract.

5.3 Range of Warranty

Notwithstanding anything to the contrary in this section 5, nothing in this section 5 shall limit or exclude any mandatory warranty of the publisher or of the provider to the extent that such limitation or exclusion is prohibited under applicable law.

6 Limitation of Liability

6.1 Liability of Publisher and Provider

To the extent not prohibited by law, in no event shall publisher and provider be liable for personal injury, or any incidental, special, indirect or consequential damages whatsoever, including, without limitation, damages for loss of profits, loss of data, business interruption or any other commercial damages or losses, arising out of or related to user’s use or inability to use the app, however caused, regardless of the theory of liability (contract, tort or otherwise) and even if publisher and provider have been advised of the possibility of such damages. Some jurisdictions do not allow the limitation of liability for personal injury, or of incidental or consequential damages, so this limitation may not apply to you. In no event shall Publisher and Provider’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.

6.2 Indemnity

In case a claim is being raised against the Publisher or the Provider of the App by a third party regarding a breach of the EULA by the User, the User shall indemnify, defend and hold harmless the Publisher and the Provider from any such claims and cost, that result directly or indirectly including reasonable cost for legal advice of and defense by an attorney. The Publisher reserves the right to take over the defense against such claims.

6.3 Range of Liability

Notwithstanding anything to the contrary in this section 6, nothing in this section 6 shall limit or exclude the liability of the publisher or of the provider to the extent that such limitation or exclusion is not prohibited under applicable law.

7 Final Provisions

7.1 Subject to Change

The Publisher reserves the right to change this EULA in its sole and absolute discretionif he deems it necessary. The Publisher will inform the User of material changes to the EULA. Changes will come into effect 30 days after such notification automatically. If a User does not agree with a change, he/she has to uninstall the App and not use it any further. By further using the App, the User agrees to the changed EULA.

7.2 Invalidity of Individual Clauses

In case individual provisions of this EULA shall be or become ineffective, void or unenforceable, this does not affect the remaining provisions.

7.3 Applicable Law

This EULA is subject to the jurisdiction of the Federal and State Courts of New Jersey.

7.4 Place of Venue

This EULA is subject to the jurisdiction of the Federal and State Courts of New Jersey.

8 Additional Conditions

Depending on the Platform, addition conditions apply for the use of the App:

8.1 Apple

8.1.1 This EULA is concluded between the User and the Publisher only and not with Apple. Apple does not assume any responsibility for the App, but is - in case of a breach of the EULA - entitled to raise claims against the User (Apple is in so far beneficiary to the EULA).

8.1.2 The Publisher grants the User the right to use the App only on iOS-devices that are owned or operated by him and in accordance with the App Store EULA.

8.1.3 Apple is in no way obliged to provide any maintenance or support services with regards to the App.

8.1.4 Apple does not assume any responsibility for the review, defense, settlement or satisfaction of claims resulting from the infringement of third party intellectual property rights.

8.1.5 Apple is not obliged to react on claims brought against Apple by the User or a third party in connection with the App or the property and/or the use of the App. This applies among others for the following claims: (a) product liability claims; (b) claims on the basis of assertion that the App is in breach of legal or regulatory provisions and (c) consumer protection claims or similar laws and regulations.

8.1.6 If the App does not satisfy an applicable warranty or guarantee, the User is entitled to inform Apple, so that Apple may reimburse to the User the purchase price, if applicable. As far as legally permissive, Apple does not assume any warranty regarding the App.

8.1.7 Apple and its subsidiaries are beneficiary of the privacy statement and this EULA and are after acceptance by the User therefore entitled to (and this right is deemed to have been accepted) derive rights from this EULA and raise claims against the User.

9 Information according to § 36 Verbraucherstreitbeilegungsgesetz (VSBG)

This applies for German users: Daimler AG will not participate in a dispute settlement procedure before a consumer arbitration board in terms of the VSBG and is not obliged to do so.

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