smart Cross Connect Terms of Use

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 its own capacity as a private person or as a representative of the enterprise, by which he 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. 

2. Usage Rights

2.1 Range of Usage Rights

The lawfully eligible User is granted the non-exclusive, non-sublicenseable, 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. The license grant regarding the app including its content is limited to a period of 36 months following the supply of the App by the User from the respective app store. 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

The User may use the App and its content for private purposes only and may not make its content accessible to the public, e.g in social networks or by any other means.

3.2 Obligation to Inform about Dysfunctions

The User informs the app support about disruptions or dysfunctions regarding the App immediately to the contact stated under App Support.

3.3 Lawful Use

The User is obliged 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 for Defects

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. 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.

5.2 Accuracy of Information

The Publisher makes every effort to provide accurate and up to date information within the App. HOWEVER, THE PUBLISHER DOES NOT ASSUME ANY RESPONSIBILITY REGARDING THE COMPLETENESS AND ACCURACY OF SUCH INFORMATION. THE PRESENTATION OF GOODS, SERVICES AND PRICES IS WITHOUT ANY GUARANTEE REGARDING ITS COMPLETENESS AND ACCURACY AND DOES NEITHER CONSTITUTE A CONTRACTUAL OFFER NOR A CLAIM FOR CONCLUSION OF 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. Liability

6.1 Liability of Publisher and Provider

Irrespective of a fault of the Publisher or the Provider, liability for fraudulent concealment of a defect, for acceptance of a guarantee or a procurement risk and after the Product Liability Act remains unaffected. PERSONAL LIABILITY OF LEGAL REPRESENTATIVES, VICARIOUS AGENTS AND EMPLOYEES OF THE PUBLISHER AND THE PROVIDER FOR DAMAGES CAUSED BY ORDINARY NEGLIGENCE IS HEREBY EXCLUDED. 

6.2 Indemnity

In case a claim is being raised against the publisher or the provider of the App by the Publisher or the Provider of the App by a third party regarding a breach of the EULA by the User, the User indemnifies and holds 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. This does not apply as far as the user is not responsible for such a breach. 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 PROHIBITED UNDER APPLICABLE LAW. 

7. Final Provisions

7.1 Subject to Change

The Publisher reserves the right to change this EULA if 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 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 shall be governed by applicable German Law for domestic purchasers under exclusion of the UN-purchase right (CISG).

7.4 Place of Venue

If the Customer is a merchant, a legal entity of public law or of special fund under public law the place of performance and jurisdiction shall be Stuttgart. Mandatory statutory jurisdiction shall remain uneffected. 

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 to German users: Mercedes-Benz Group 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.

For purposes of these data protection provisions the term "Publisher" will be used irrespective of whether the Publisher is the sole contractual partner of the EULA (Part I) or a deviating Provider is being mentioned in the provider information.Responsible from a data protection point of view (controller) is in that case the Provider, apart from that the Publisher. 

1. Use of Personal Data and Purpose Limitation

1.1 The Publisher collects, processes and uses personal data of the User in order to provide the App and its functionalities only to the extent necessary or as far as the User has consented to an additional use. In particular the App uses data that the User enters and, if he releases them, data that is existent on the mobile device or is being generated through the use of device functionalities (From Phone: contacts, camera, music library, GPS location, photos and phone name. From Vehicle: VIN, odometer, speed, fuel consumption, lateral acceleration and Energy Consumption).

1.2 The use of the App is possible without access to this data. The access may be deactivated and reactivated at any time by/at 

iOS Settings -> cross connect -> Camera
iOS Settings -> cross connect -> Contacts
iOS Settings -> cross connect -> Location
iOS Settings -> cross connect -> Media and Apple Music
iOS Settings -> cross connect -> Photos 
cross connect app -> settings -> privacy -> device name.

However, if the access of the App to the data is deactivated, this might lead to limitations on functionalities.

1.3 If the User has activated the encryption of his device and has set a password/PIN, the App will store personal data in an encrypted form. Should the User not use the encryption of his device or if no password/PIN has been set, encryption of personal data cannot be ensured.

2. Transfer of Personal Data

2.1 If in connection with the App third party services (Glympse, Inrix, Wcities, HERE, Yelp, jambit, Adobe Analytics) are used, the Publisher is entitled to transfer personal data to the third party provider, as far as this is necessary for the respective functionalities of the App.

2.2 For this purpose personal User data may also be transferred to the following countries outside the EU/EWR: USA.

2.3 Personal data will only be transferred to public institutions and authorities if necessary under applicable mandatory national laws.

3. Push Notification

The app informs you through push notification about important app updates. The Push Notification may be dectivated and reactivated at any time by/at iOS settings (Settings --> Notifications --> cross connect)

4. Analysis of User Data

In order to identify user preferences and therefore to further develop and improve the App, the Publisher analyzes the usage data of the App (to analyze frequency and intensity of usage of app). This way the App may be suited/tailored towards the individual needs of the User and the service therefore be improved constantly. By using the App the User consents to this analysis. If information regarding the use of the App should not be stored or analyzed, this functionality may be deactivated or reactivated at any time by/at inside the cross connect app -> Settings -> Privacy. As far as cookies are used for the analysis, their use will no longer be carried out, if the analysis functionality has been deactivated.

5. Contact Person for Data Protection Matters

In case of any questions regarding the processing of personal data within the App, the User may contact the Chief Officer Corporate Data Protection, who will (together with his team) also take care of information requests, suggestions or complaints.

Chief Officer Corporate Data Protection

Roland Mueller
Mercedes-Benz USA LLC 
Phone: +1 201 573 2420 
email: roland.g.mueller@mbusa.com