AGB AMAG App

General Terms and Conditions
AMAG app

The AMAG app is provided by AMAG Automobil und Motoren AG, Alte Steinhauserstrasse 1, 6330 Cham (hereinafter referred to as “AMAG”).

The services rendered to customers and any other users of the AMAG app (who for the sake of legibility will be referred to below using male pronouns) via the app when using the app are provided by AMAG, by autoSense Ltd, Badenerstrasse 141, 8004 Zurich (hereinafter referred to as “autoSense”) or by other providers. Accordingly, the customer enters into a separate contractual relationship with the respective provider of the service concerned when using the AMAG app and the related services.

autoSense is the provider of the ecosystem within the AMAG app, which thus enables the AMAG app to be used. autoSense establishes a secure data connection through the SIM card integrated in the adapter and offers other services to the customer, such as a Wi-Fi hotspot via the adapter or CO₂ offsetting. As the provider of the app, AMAG app, AMAG uses the autoSense ecosystem in providing the services of the AMAG Group.

A. General Terms and Conditions of Business of AMAG

1. Parties

These General Terms and Conditions of Business of AMAG (hereinafter referred to as the “AMAG GTC”) apply between AMAG and the customer.

2. Subject matter

The AMAG GTC govern the provision of the AMAG app and the related services by AMAG (hereinafter jointly referred to as the “AMAG Service”) as well as the usage of the AMAG Service by the customer. The AMAG Service incorporate various options, and the applicable rules depend upon the respective option used by the customer:

· Option with adapter: this option involves (i) the provision of an OBD2 adapter (with or without Wi-Fi functionality) including SIM card in order to connect a vehicle to the AMAG app (and thus to the AMAG Service and the autoSense service) and to read vehicle data (hereinafter referred to as the “Adapter”), (ii) access to vehicle data via the AMA app installed on the customer’s end device (smartphone or tablet) and (iii) on an optional basis, a Wi-Fi hotspot enabling wireless internet connection (for Wi-Fi-enabled Adapter). In addition, the customer may use other services of service partners and other partners of autoSense via the AMAG app; any such other services will be provided in part also by AMAG and autoSense, and in such cases AMAG and autoSense also have the status of service partners and other partners. The provision of the Adapter and the Wi-Fi hotspot via the Adapter along with access to other services of service partners and other partners are services of autoSense, which are regulated accordingly in the autoSense GTC (see Part B).

· Option without Adapter (freemium version): this option involves the provision of services without an Adapter. Accordingly, the provisions set forth in the AMAG GTC and in the autoSense GTC (see Part B) applicable to the Adapter, the reading of vehicle data via the Adapter and access to such data are not applicable. As a result, some information and functions of the AMAG app might not be available in the freemium version or might only be available to a limited extent.

If the customer is an existing customer of autoSense, he has the option of migrating his customer and vehicle data (e.g. past data concerning journeys) to the AMAG app in order to continue to be able to use and access them in the AMAG app. The existing customer contract with autoSense will thus be terminated and the customer account at autoSense will be closed following the data migration.

3. Registration and acceptance of the AMAG GTC

In completing the process of registering in the AMAG app, the customer confirms that he has acknowledged and accepts the AMAG GTC without amendment and that his information is accurate and complete. The customer is liable to AMAG for the correctness and accuracy of his information and for loss or damage resulting from incorrect or insufficient information. The AMAG app is only activated after the customer has been registered in accordance with the law. If it is established after registration has been completed that the customer provided incorrect or incomplete information or uploaded inadequate official photographic identification (where required), AMAG may require that the information or official photographic identification be corrected or completed or deactivate the AMAG app, without any entitlement to compensation. In the event of deactivation, it will no longer be possible to use the AMAG app.

4. Entry into force, duration and termination

4.1. General information

A contractual relationship with AMAG will be established upon the acceptance of the AMAG GTC by the customer and the subsequent activation of the AMAG Service. The contractual relationship with AMAG is open-ended and may be terminated by the customer in the AMAG app at the end of any month, subject to compliance with a notice period of 30 days. AMAG may also may terminate the contractual relationship at the end of any month, subject to compliance with a notice period of 30 days. AMAG shall inform the customer concerning termination in an appropriate manner (e.g. by e-mail or in the AMAG app).

Furthermore, AMAG may terminate the contractual relationship with immediate effect and without compensation as a result of a breach of contract by the customer (e.g. in the event of incorrect or incomplete information provided during the registration process or payment default) or in the event of discontinuation of the AMAG app. AMAG shall inform the customer concerning termination in an appropriate manner (e.g. by e-mail or in the AMAG app). In the event of a breach of contract by the customer, AMAG is permitted to block the AMAG Service immediately and without compensation in advance. In the event that the AMAG Service is blocked, it will no longer be possible to use the AMAG app.

4.2. Consequences of the termination of the contractual relationship

Upon termination of the contractual relationship with AMAG, the AMAG Service will be deactivated and the contractual relationship with autoSense will be terminated at the same time (see Part B). Upon termination of the contractual relationship, AMAG, autoSense and other providers will promptly cease providing their services. This will not affect any existing claims.

5. Services of AMAG and prices

5.1. Services of AMAG with/without Adapter

Option with Adapter:

The customer may use the AMAG app to access the information and functions provided by AMAG and autoSense. These include in particular:

· Dashboard: direct access to filtering options and points of interest (POIs) of service partners and other partners (e.g. petrol stations, charging stations) on a map.

· My car: statistical and dynamic information relating to the vehicle (incl. adapter receipt, fuel level*, battery charge level*, vehicle battery, mileage*, engine status*, service interval, location, receipts, e.g. for refuelling) and the option of sharing particular data (e.g. location) with other users of the AMAG app.

· Statistics: vehicle statistics based on various parameters (such as time travelled, number of kilometres travelled, temporal distribution, etc.).

· Timeline: logbook with past trip data (incl. start and end points, trip length and time travelled) as well as other events (incl. notices such as tamper alarm or Adapter status).

· Services: services provided by service partners and any other partners that are included in the AMAG app as standard, that are activated at a particular point in time as standard or that can be individually added (see Section 7).

· More: notifications centre, vehicle account, user account, settings: for notifications; for journey recording, map views; vehicle drive type, frequently asked questions, contractual amendments and support options.

* Availability dependent upon vehicle model and year of construction.

Further information concerning these services and individual functions can be downloaded from the AMAG website (amag.ch/app).

‍Option without Adapter (freemium version):

under the freemium version of the AMAG app, the customer has access to the information and functions provided by AMAG and autoSense; however, certain information and functions might not be available or may only be available to a limited extent, or may be populated by illustrative/fictitious data (as no vehicle data can be read via the Adapter). In addition, the freemium version only contains a limited selection of services of service partners and other partners.

Further information concerning these services in the freemium version of the AMAG app and individual functions can be downloaded from the AMAG website (amag.ch/app).

5.2. Support

For support, an FAQ with frequent questions/answers is available to the customer on the AMAG website (amag.ch/app). If so requested, the customer may request a callback via the Support Centre at amag.ch/app-support. The Support Centre will then call back the customer. The Support Centre can also be contacted by sending an e-mail to app@amag.ch. Support enquiries will be answered as quickly as possible.

5.3. Requirements

If the customer uses a service option with Adapter (Section 2), it must be connected to the customer’s vehicle. The installation of the Adapter is the responsibility of the customer. The vehicle must be registered in Switzerland or Liechtenstein and have an OBD2 interface. The AMAG Service is generally available for all conventional vehicles with petrol engines built in 2001 or later, for all conventional vehicles with diesel engines built in 2004 or later and for all conventional hybrid or electric vehicles. Deviations from this are possible and are reserved. The available functions and the accuracy of the data depend on the automobile brand, model and year of construction. In addition, the accuracy of data may be impaired by installation quality. Should the vehicle be affected by any anomalies after the Adapter has been installed (e.g. display of notices or changes to vehicle behaviour), the Adapter must be removed immediately and AMAG informed.

Moreover, in order to be able to use the AMAG Service, the AMAG app must be installed on the customer’s end device (smartphone or tablet). The supported operating system versions (Android and iOS) are indicated in the Google Play Store (Android) and in the Apple App Store (iOS).

Both the SIM card integrated in the Adapter and the mobile device on which the AMAG app is installed need an internet connection in order for the AMAG Service to be used. The autoSense service (see Part B) includes a data connection via the SIM card integrated in the Adapter (excl. Wi-Fi data usage). The customer is responsible for the internet connection of the mobile device including the corresponding fees. In addition, GPS coverage is required for the collection of localisation data via the Adapter.

5.4. Prices

The AMAG app and the freemium version of the AMAG app may be used free of charge. The AMAG app offers additional in-app services, which are chargeable (in-app purchases). These services may be activated and/or purchased by the customer.

6. Use of the service by the customer

The customer is responsible for ensuring that the AMAG Service is used in accordance with the law and the contract, including by third parties (e.g. other drivers).

If the customer uses a service option with an Adapter (see Section 2), the AMAG Service may as a general rule only be used for a specific vehicle of the customer that is driven predominantly by him; alternatively, if the AMAG Service is used for another car, the customer must ensure that the respective vehicle owner has consented to the installation of the Adapter in the vehicle concerned as well as the connection and usage of the AMAG Service with the vehicle concerned. Furthermore, in connection with the installation of the Adapter in the vehicle and the se of the AMAG Service, the customer must ensure compliance with the relevant legal and official provisions (in particular with regard to road traffic and passenger transport).

The customer must ensure that his data lodged in the AMAG app (name, address, e-mail address, credit card, etc.) are kept up to date at all times.

When refuelling, the customer is responsible for ensuring that the vehicle concerned is fuelled with the correct type of fuel, irrespective of the information displayed in the AMAG app. Likewise, when charging, the customer is responsible for ensuring that the appropriate plug/adapter for the vehicle is used, irrespective of the information displayed in the AMAG app. AMAG or the relevant service partner or any other partner of AMAG does not incur any liability in this regard.

7. ‍Warranty and liability

7.1. General information

AMAG shall provide its services in a careful manner according to the state of the art. However, there are no assurances or warranties regarding availability, quality, security, operation or support in relation to the AMAG Service. All services are provided on a best-effort basis. If the customer uses a service option with an Adapter (see Section 2), there is in particular no assurance or warranty regarding the mobile communications coverage necessary for the proper operation of the AMAG Service and the autoSense service. So-called dead spots are also possible in the areas designated as “covered”. Mobile communications coverage abroad depends on the network of the respective roaming partner and its technical and operational capabilities.

The customer must report any defects, outages, disruptions, faults or any other objections to AMAG support immediately as soon as they are discovered, and under all circumstances within 14 days. autoSense cannot receive any support queries itself.

In the event of outages and disruptions, AMAG will make every reasonable effort within its sphere of influence to provide the service or remedy the disruption using the resources available to it in a manner that is customary in the industry, without, however, giving any assurance.

The liability of AMAG and the warranty claims of the customer are excluded to the extent permitted by law. In particular, the liability of AMAG is excluded in the event of a breach of applicable legal requirements (in particular road traffic regulations) by the customer (incl. third parties and other vehicle drivers). Also excluded is the liability of AMAG for loss or damage to the vehicle associated with the AMAG Service and the autoSense service (in particular loss or limitation of the manufacturer’s warranty).

7.2. Warranty and liability for data

AMAG strives for a high quality of the data made available to the customer via the AMAG Service and the autoSense service and the content displayed in the AMAG app, although is unable to warrant that it will be complete, accurate, up to date and suitable for particular purposes. Information may be altered in particular to implement price changes or to correct mistakes. Accordingly, the AMAG Service and the autoSense service serves purely informative purposes and, in particular, is not suitable for commercial exploitation of the data or for providing legally binding information to third parties (e.g. authorities). AMAG assumes no responsibility for how the data made available via the AMAG Service and the autoSense service are used by the customer and excludes any liability for loss or damage caused by the data made available, to the extent permitted by law.

7.3. Warranty provisions for Adapters

Warranty services in relation to the Adapter provided by autoSense are regulated in the autoSense GTC (see Part B).

8. Services of service partners and other partners

The AMAG app indicates service partners from which the customer may purchase additional service (hereinafter referred to as the “Services”) via the ecosystem provided by autoSense in the AMAG app (e.g. in relation to car insurance, leasing, parking, etc.). Services of service partners are only available on a limited scale in the freemium version of the AMAG app.

Certain Services of service partners may already have been pre-installed in the AMAG app or might not be available. If any Services of a service partner have been pre-installed in the AMAG app and the customer does not consent to the sharing of the data required for the service concerned with the respective service partner, under certain circumstances it might not be possible to use the AMAG app. In such an eventuality, AMAG is entitled to require the customer to return the Adapter (see Part B, Section 5.4.)

In addition, the customer may purchase services from other partners via the AMAG app.

The purchase of Services from service partners or other partners will be governed by a separate contract concluded between the customer and the respective service partner or other partner. AMAG is not a party to this contract and accordingly disclaims all responsibility, liability and warranty for the Services of the service partners and other partners as well as for their functions and content. Unless specified otherwise in the separate contract concluded between the customer and the respective service partner or other partner, no liability is incurred by the service partner or the other partner in relation to the Services provided by them, to the extent permitted by law. Moreover, unless specified otherwise, there are no assurances or warranties regarding availability, quality, security, operation or support in relation to the Services or that the content displayed is accurate, complete and up to date. Information may be altered in particular to implement price changes or to correct mistakes. All Services of service partners and other partners are provided on a best-effort basis.

If the customer pays for Services of service partners or other partners using the payment card lodged in the app settings (e.g. credit card), the customer authorises AMAG (i) to approve the transaction concerned in order for payment card lodged to be charged by the payment service provider concerned, and (ii) to pass on the data necessary in order to execute the transaction to the payment service provider concerned as well as the respective service partner or other partner (incl. autoSense) (e.g. date and time of the transaction, location, pump or plug number for refuelling and charging, product, volume, amount, payment card type).

The Services of service partners and other partners may in principle be terminated at any time in the AMAG app by removing the service concerned. The customer acknowledges that any such removal of Services might not be consistent with the contractual agreement in place between the customer and the service partner or other partner concerned (e.g. concerning insurance services), and may result in consequences such as the early termination of the contract or costs.

9. Changes

9.1. Changes to the AMAG Service and prices

AMAG may develop or alter the AMAG Service at any time, provided that usage by the customer is not impaired as a result.

In addition, AMAG reserves the right to make changes to the AMAG Service that have an effect on usage by the customer as well as to change prices. AMAG shall announce any such changes to the customer in an appropriate manner (e.g. by e-mail or in the AMAG app). Should AMAG change the AMAG Service significantly to the detriment of the customer, AMAG shall provide the customer with appropriate advance notice, whereupon the customer may terminate the contractual relationship with AMAG (and thus also with autoSense) at the time the change is due to take effect. Should he fail to do so, the changes will be deemed to have been approved. Price changes as a result of changes to tax rates (e.g. increase in value added tax) as well as price increases by service partners and other partners (incl. AMAG and autoSense) are liable to occur at any time, and do not entitle the customer to terminate the contract. If AMAG lowers prices, it may at the same time adjust any discounts granted prior to the price reduction.

9.2. Amendments to the AMAG GTC

AMAG reserves the right to amend these AMAG GTC at any time. AMAG shall announce any amendments to the customer in an appropriate manner (e.g. by e-mail or in the AMAG app). Should AMAG amend the AMAG GTC significantly to the detriment of the customer, AMAG shall provide the customer with appropriate advance notice, whereupon the customer may terminate the contractual relationship with AMAG (and thus also with autoSense) at the time the amendment is due to take effect. Should he fail to do so, the changes will be deemed to have been approved.

10. Sale/transfer of the vehicle or Adapter

In the event of sale or permanent transfer of the vehicle to a third party, the customer must remove the Adapter in advance in order to terminate the connection of the AMAG Service and the autoSense service to the vehicle in question. AMAG does not incur any liability in this regard.

The sale or permanent transfer of the Adapter to a third party is expressly prohibited, and is only permitted with the express, prior approval of AMAG and autoSense. Should the customer nevertheless sell the Adapter or pass it on to a third party, the name, address and other details of the customer will continue to be disclosed to the competent authorities at their request. If criminally relevant acts are committed using the transferred Adapter, the customer may be prosecuted under certain circumstances as an accessory or co-offender or for aiding or abetting.

11. Data protection

The responsible and legally compliant handling of data is important to AMAG. AMAG complies with applicable law at all times, in particular Swiss data protection law. AMAG refers expressly to the AMAG App Privacy Policy.

The customer is responsible for informing data subjects (e.g. other drivers, passengers) about the AMAG Service and the autoSense service and the associated collection and processing of the data concerning them and, if necessary, for obtaining the necessary consent.

The customer grants AMAG a non-remunerated, worldwide, temporally unlimited, non-exclusive, irrevocable, transferable and sub-licensable right to use non-personal data, i.e. in anonymised form, for the purpose of evaluation and to exploit financially the results of any such evaluations.

12. Links to third-party websites

AMAG assumes no liability for the content and availability of websites accessed via hyperlinks. These websites are not operated or monitored by AMAG. The provider of the linked website is solely responsible for illegal, erroneous or incomplete content, and in particular for damage incurred as a result of content on the linked sites. The foregoing applies irrespective of whether the damage is direct, indirect or of a financial nature or whether there is other damage as a result of the loss of data, downtime or for any other reason whatsoever. The customer accesses and uses such websites at his own risk.

13. Errors on the AMAG website

AMAG strives to provide accurate and complete information on its websites. All text and links have been reviewed carefully and are updated on an ongoing basis. AMAG assumes no responsibility or liability and offers no guarantee that the information provided on its websites is accurate, complete or up to date. AMAG reserves the right to change the information on its websites at any time and without prior notice. AMAG is not obliged to update the information on its websites.

14. Copyright

The contents of AMAG, Volkswagen, Audi, SEAT, CUPRA, Škoda and Volkswagen Commercial Vehicles Information are owned exclusively by AMAG. Information/images contained on websites may only be used, copied and/or shared with third parties with the prior, written approval of AMAG.

15. Applicable law / place of jurisdiction

Legal relations between AMAG and the customer is governed exclusively by Swiss law. Jurisdiction lies in Cham, except under circumstances in which a mandatory place of jurisdiction is provided for.

B. General Terms and Conditions of Business of autoSense

1. Parties

These General Terms and Conditions of Business of autoSense (hereinafter referred to as the “autoSense GTC”) apply between autoSense and the customer.

2. Subject matter

The autoSense GTC regulate the provision of services by autoSense in relation to the AMAG app provided by AMAG (hereinafter referred to as the “autoSense Service”), as well as usage of the autoSense Service by the customer.

3. Registration and acceptance of the autoSense GTC

In completing the process of registering in the AMAG app, the customer confirms that he has acknowledged and accepts the autoSense GTC without amendment and that his information is accurate and complete. The customer is liable to autoSense for the correctness and accuracy of his information and for loss or damage resulting from incorrect or insufficient information. The autoSense Service is only activated after the customer has been registered in accordance with the law. If it is established after registration has been completed that the customer provided incorrect or incomplete information or uploaded inadequate official photographic identification (where required), autoSense may require via AMAG that the information or official photographic identification be corrected or completed or that official photographic identification be provided, or deactivate the autoSense Service previously activated, without any entitlement to compensation. In the event that the autoSense Service is deactivated, it will no longer be possible to use the AMAG app.

4. Entry into force, duration and termination

4.1. General information

The entry into force, duration and termination of the contractual relationship with autoSense is governed in accordance with the AMAG GTC, i.e. a contractual relationship with autoSense will be established at the same time as and in parallel with the contractual relationship with AMAG, and will end in the same manner. It is not possible to terminate the contractual relationship with autoSense separately.

4.2. Consequences of the termination of the contract

autoSense will immediately cease to provide services upon termination of the contract. The customer’s user account with autoSense and the customer and vehicle data stored with autoSense (see Section 8) will be erased entirely no later than 60 days after the termination of the contractual relationship with autoSense, unless any such erasure is precluded by legitimate grounds (e.g. statutory obligations regarding retention and documentation, securing of evidence).

If the customer uses a service option with Adapter (see Section 2 AMAG GTC, Part A), the customer must promptly remove the Adapter from the vehicle. The Adapter must no longer be used with autoSense after termination of the contractual relationship. Shortly after the adapter is removed, no further data (Section 8) will be collected. All data collected via the adapter following the termination of the contractual relationship with autoSense will be erased within no more than 60 days.

The customer has the option of migrating the customer and vehicle data to autoSense in order to continue to be able to use and access them. Any such continuing usage is only possible if the customer has installed the separate autoSense app and accepted the autoSense GTC during registration in the autoSense app.

5. Services of autoSense and prices

5.1. Adapter including SIM card

If the customer uses a service option with Adapter (see Section 2 AMAG GTC, Part A), he will be provided with an Adapter including SIM card by AMAG, autoSense or a sales partner of autoSense. The Adapter belongs to the customer, whereas the SIM card integrated in the Adapter will at all times remain the property of autoSense. The SIM card cannot be used for voice and SMS/MMS communications. The Adapter may only be used in relation to the AMAG Service and the autoSense Service. The Adapter must not be opened or modified, and in particular the SIM card must not be removed from the Adapter.

Further information concerning the Adapter may be found on the autoSense website (autosense.ch).

5.2. Wi-Fi

The Wi-Fi function is only available in relation to usage of a Wi-Fi-enabled Adapter. The function enables wireless internet access via the SIM card integrated in the Adapter. The customer can enable Wi-Fi in the AMAG app. Data packages can subsequently be purchased via the AMAG app or alternatively managed via the Swisscom Multi Device option.

Wi-Fi is available in Switzerland and abroad (list of countries on autosense.ch/produkte for Wi-Fi packages or the mobile contractual partner for Swisscom Multi Device).

Further information concerning Wi-Fi can be found on the autoSense website (autosense.ch).

5.3. Requirements

If the customer uses a service option with Adapter (see Section 2 AMAG GTC, Part A), it must be connected to the customer’s vehicle. The installation of the Adapter is the responsibility of the customer. The vehicle must be registered in Switzerland or Liechtenstein and have an OBD2 interface. The autoSense Service is generally available for all conventional vehicles with petrol engines built in 2001 or later, for all conventional vehicles with diesel engines built in 2004 or later and for all conventional hybrid or electric vehicles. Deviations from this are possible and are reserved. The available functions and the accuracy of the data depend on the automobile brand, model and year of construction. In addition, the accuracy of data may be impaired by installation quality. Should the vehicle be affected by any anomalies after the Adapter has been installed (e.g. display of notices or changes to vehicle behaviour), the Adapter must be removed immediately and AMAG informed.

Moreover, in order to be able to use the autoSense Service, the AMAG app must be installed on the customer’s end device (smartphone or tablet). The supported operating system versions (Android and iOS) are indicated in the Google Play Store (Android) and in the Apple App Store (iOS).

Both the SIM card integrated in the Adapter and the mobile device on which the AMAG app is installed need an internet connection in order for the autoSense Service to be used. The autoSense Service includes a data connection via the SIM card integrated in the Adapter (excl. Wi-Fi data usage). The customer is responsible for the internet connection of the mobile device including the corresponding fees. In addition, GPS coverage is required for the collection of localisation data via the Adapter.

5.4. Prices

The prices for the following autoSense services are charged via AMAG:

Adapter:

The price of the Adapter will be announced when an order is placed. The price includes the SIM card and the data connectivity required in order to transmit vehicle data via the SIM card.

If the customer has acquired the Adapter for a discounted price or free of charge, the customer must return the Adapter to autoSense within 14 days of termination of the contract with no entitlement to compensation, failing which autoSense may charge the customer the official sales price for the Adapter. The customer may also receive a label for free return shipping under amag.ch/app-support. This does not apply to customers who have migrated their customer and vehicle data to autoSense and consent to the autoSense GTC during registration in the autoSense app. In the event of the permanent removal of the Adapter from the OBD2 interface (>29 days), if the customer fails to use the AMAG app, autoSense is also entitled to require that the Adapter be returned without any entitlement to compensation or to charge the customer for the official sales price for the Adapter. Ownership of the Adapter will pass to autoSense upon its return.

Data packages (for Wi-Fi):

In the event that data packages required for the Wi-Fi function are purchased, the respective prices and the relevant validity period is indicated in the AMAG app. Data packages are paid for using the payment card lodged by the customer in the AMAG app. Data packages apply to the usage of Wi-Fi in Switzerland and abroad (list of countries on autosense.ch/produkte). The amount of credit at any given point in time are determined according to the counter reading on the autoSense billing system. The customer is responsible for topping up the credit balance in good time. The credit balance cannot be reimbursed or transferred to another mobile communications provider. Wi-Fi cannot be used in the event that the credit balance is “zero” (no active data package).

autoSense may offer discounted data packages to the customer if the customer has a mobile plan type provided by Swisscom (Switzerland) Ltd that entitles him to a discount. A discount is not available for other mobile plan types or for prepaid cards. The customer consents to the usage by autoSense of the mobile telephone number indicated by the customer upon registration in order to establish whether a qualifying contractual relationship exists between the customer and Swisscom (Switzerland) Ltd concerning the provision of mobile communications services at the time when data packages are purchased, as well as the specific plan type. The customer authorises Swisscom (Switzerland) Ltd, to inform autoSense whether any such contractual relationship exists or not and to provide details of the respective plan type.

Additional provision:

autoSense may announce prices also directly before a particular service is used in the AMAG app, on its website (autosense.ch), on the AMAG website (amag.ch/app) or in another suitable manner.

6. Use of the service by the customer

The customer is responsible for ensuring that the autoSense Service is used in accordance with the law and the contract, including by third parties (e.g. other drivers).

If the customer uses a service option with an Adapter (see Section 2 AMAG GTC, Part A), the autoSense Service may as a general rule only be used for a specific vehicle of the customer that is driven predominantly by him; alternatively, if the autoSense Service is used for another car, the customer must ensure that the respective vehicle owner has consented to the installation of the Adapter in the vehicle concerned as well as the connection and usage of the autoSense Service with the vehicle concerned. Furthermore, in connection with the installation of the Adapter in the vehicle and the use of the autoSense Service, the customer must ensure compliance with the relevant legal and official provisions (in particular with regard to road traffic and passenger transport).

The customer must ensure that his data lodged in the AMAG app (name, address, e-mail address, credit card, etc.) are kept up to date at all times.

When refuelling, the customer is responsible for ensuring that the vehicle concerned is fuelled with the correct type of fuel, irrespective of the information displayed in the AMAG app. Likewise, when charging, the customer is responsible for ensuring that the appropriate plug/adapter for the vehicle is used, irrespective of the information displayed in the AMAG app. autoSense or the relevant service partner or any other partner of autoSense does not incur any liability in this regard.

The electromagnetic fields caused by the transmitting and receiving equipment of the respective mobile phone provider, by the customer’s end device or by the Adapter can interfere with the function of other devices (e.g. hearing aids or pacemakers). To prevent interference, the safety and usage conditions specified by the manufacturers must be observed and a sufficiently large distance must be maintained. The customer shall obtain information concerning any prohibitions and restrictions on use (e.g. road traffic) and shall comply with them.

7. Services of service partners and other partners of autoSense

The AMAG app indicates service partners of autoSense from which the customer may purchase additional service (hereinafter referred to as the “Services”) via the ecosystem provided by autoSense in the AMAG app (e.g. in relation to car insurance, leasing, parking, etc.). Services of service partners are only available on a limited scale in the freemium version of the AMAG app.

Certain services of service partners may already have been pre-installed in the AMAG app or might not be available. If any services of a service partner have been pre-installed in the AMAG app and the customer does not consent to the sharing of the data required for the service concerned with the respective service partner, under certain circumstances it might not be possible to use the AMAG app. In such an eventuality, autoSense or AMAG is entitled to require the customer to return the Adapter.

In addition, the customer may purchase services from other partners of autoSense via the AMAG app.

The purchase of Services from service partners or other partners will be governed by a separate contract concluded between the customer and the respective service partner or other partner. autoSense is not a party to this contract and accordingly disclaims all responsibility, liability and warranty for the Services of the service partners and other partners as well as for their functions and content. Unless specified otherwise in the separate contract concluded between the customer and the respective service partner or other partner, no liability is incurred by the service partner or the other partner in relation to the Services provided by them, to the extent permitted by law. Moreover, unless specified otherwise, there are no assurances or warranties regarding availability, quality, security, operation or support in relation to the Services or that the content displayed is accurate, complete and up to date. Information may be altered in particular to implement price changes or to correct mistakes. All Services of service partners and other partners are provided on a best-effort basis.

8. Data protection

The responsible and legally compliant handling of data is important to autoSense. autoSense complies at all times with applicable law, in particular Swiss data protection law. autoSense expressly refers to the ‘Privacy Policy AMAG App’. In principle, autoSense only collects and processes personal data and data about the vehicle associated with the service (collectively, ‘Data’) that is required for the provision and further development of the service, the processing of the contract, the processing and maintenance of the customer relationship, invoicing and the fulfilment of legal requirements.

The customer is responsible for informing data subjects (e.g. other drivers, passengers) about the AMAG Service and the autoSense Service and the associated collection and processing of the data concerning them and, if necessary, for obtaining the necessary consent.

The customer grants autoSense a non-remunerated, worldwide, temporally unlimited, non-exclusive, irrevocable, transferable and sub-licensable right to use non-personal data, i.e. in anonymised form, for the purpose of evaluation and to exploit financially the results of any such evaluations.

9. Warranty and liability

9.1. General information

autoSense shall provide its services in a careful manner according to the state of the art. However, there are no assurances or warranties regarding availability, quality, security, operation or support in relation to the autoSense Service. All services are provided on a best-effort basis. If the customer uses a service option with an Adapter (see Section 2 AMAG GTC, Part A), there is in particular no assurance or warranty regarding the mobile communications coverage necessary for the proper operation of the AMAG Service and the autoSense Service. So-called dead spots are also possible in the areas designated as “covered”. Mobile communications coverage abroad depends on the network of the respective roaming partner and its technical and operational capabilities.

In the event of outages and disruptions, autoSense will make every reasonable effort within its sphere of influence to provide the service or remedy the disruption using the resources available to it in a manner that is customary in the industry, without, however, giving any assurance.

The liability of autoSense and the warranty claims of the customer are excluded to the extent permitted by law. In particular, the liability of autoSense is excluded in the event of a breach of applicable legal requirements (in particular road traffic regulations) by the customer (incl. third parties and other vehicle drivers). Also excluded is the liability of autoSense for loss or damage to the vehicle associated with the AMAG Service and the autoSense Service (in particular loss or limitation of the manufacturer’s warranty).

9.2. Warranty and liability for data

autoSense strives for a high quality of the data made available to the customer via the AMAG Service and the autoSense Service and the content displayed in the AMAG app, although is unable to warrant that it will be complete, accurate, up to date and suitable for particular purposes. Information may be altered in particular to implement price changes or to correct mistakes. Accordingly, the AMAG Service and the autoSense Service serves purely informative purposes and, in particular, is not suitable for commercial exploitation of the data or for providing legally binding information to third parties (e.g. authorities). autoSense assumes no responsibility for how the data made available via the AMAG Service and the autoSense Service are used by the customer and excludes any liability for loss or damage caused by the data made available, to the extent permitted by law.

9.3. Warranty provisions for Adapters

These warranty provisions apply for all Adapters purchased from autoSense, AMAG or its sales partners.

autoSense provides a warranty period of 24 months, calculated from the date of purchase. Should any defects arise, the customer can contact AMAG support by e-mail (app@amag.ch). The shipping and return of the Adapter is at the expense of the customer, even in warranty cases. In the event of a defect, autoSense may provide its warranty services by repairing the Adapter or replacing it with a new or as-new device. The replaced Adapter is transferred to the ownership of autoSense. If the customer does not return such a replaced Adapter within the period set by autoSense, autoSense is entitled to charge the customer, via AMAG, for the current replacement value of the Adapter.

Where autoSense provides a warranty service, autoSense provides a six-month warranty period on the repaired or replaced Adapter. The initial warranty period will apply if it is longer than this. These warranty periods are neither interrupted by any warranty services nor do they start anew.

The customer checks the functionality of the repaired or replaced Adapter immediately upon receipt. If the defect is not rectified, the customer must contact AMAG and, if so requested by the customer, autoSense shall provide its warranty service once again. These warranty services apply in place of the warranty claims and the related damages claims under the Swiss Code of Obligations.

The guarantee or warranty is excluded for defects due to normal wear and tear, improper handling and deliberate or negligent damage by the customer or third parties as well as for defects for which there are specific indications that they are due to the effect of moisture or other external factors (damage due to being dropped or due to pressure, impact or transport). The warranty is void in the event of interventions that are not carried out by autoSense or without its consent.

10. Changes

10.1. Changes to the autoSense Service and prices

autoSense may develop or alter the autoSense Service at any time, provided that usage by the customer is not impaired as a result. In particular, for the purpose of optimising or expanding its services via the mobile phone network, autoSense is entitled at any time to upload relevant data (e.g. security certificates) or software to the SIM card integrated in the Adapter.

In addition, autoSense reserves the right to make changes to the autoSense Service that have an effect on usage by the customer as well as to change prices. autoSense shall announce any such changes to the customer via AMAG in an appropriate manner (e.g. by e-mail or in the AMAG app). Should autoSense change the autoSense Service significantly to the detriment of the customer, autoSense shall provide the customer, via AMAG, with appropriate advance notice, whereupon the customer may terminate the contractual relationship with AMAG (and thus also with autoSense) by the time the change is due to take effect. Should he fail to do so, the changes will be deemed to have been approved. Price changes as a result of changes to tax rates (e.g. increase in value added tax) as well as price increases by service partners and other partners (incl. AMAG and autoSense) are liable to occur at any time, and do not entitle the customer to terminate the contract. If autoSense lowers prices, it may at the same time adjust any discounts granted prior to the price reduction.

10.2. Contractual amendments

autoSense reserves the right to amend these autoSense GTC at any time. autoSense shall announce any changes to the customer via AMAG in an appropriate manner (e.g. by e-mail or in the AMAG app). Should autoSense change the autoSense GTC significantly to the detriment of the customer, autoSense shall provide the customer, via AMAG, with appropriate advance notice, whereupon the customer may terminate the contractual relationship with AMAG (and thus also with autoSense) by the time the change is due to take effect. Should he fail to do so, the changes will be deemed to have been approved.

11. Sale/transfer of the vehicle or Adapter

In the event of sale or permanent transfer of the vehicle to a third party, the customer must remove the Adapter in advance in order to terminate the connection of the AMAG Service and the autoSense Service to the vehicle in question. autoSense does not incur any liability in this regard.

12. Intellectual property rights

All software is protected by copyright. autoSense and/or authorised third parties grant the customer a limited, non-exclusive, non-transferable, revocable and non-sublicensable licence for the exclusive use of the software for the autoSense Service for the duration of the contractual relationship with AMAG and autoSense. All rights to the software remain entirely with autoSense or authorised third parties. The customer must not modify, adapt, translate, reverse engineer, decompile, disassemble or create a derivative work of the software licensed by autoSense or authorised third parties. The customer must not reproduce the software or allow the software to be accessed through a forum on a public computer or distribution via shareware. autoSense or authorised third parties may revoke the licence at any time if the customer breaches this provision. The customer must take responsibility for breaches of the licence terms and relevant claims by third parties. If autoSense or authorised third parties are sued, the customer will indemnify autoSense or authorised third parties from any third-party claims.

The firmware used for the autoSense Service may contain copyrighted third-party software components that are licensed under open-source licences (hereinafter referred to as “Open-Source Software”) and are not covered by the autoSense GTC or any other terms of use of autoSense. To the extent permitted by law, the Open-Source Software is made available without liability and without any warranty. By using the autoSense Service, the customer agrees to the licence terms of the Open-Source Software.

13. Other provisions

autoSense may assign or transfer the contractual relationship with the customer (incl. these autoSense GTC) or individual rights and obligations arising from it at any time with discharging effect to any third party. The customer must not assign or transfer the contractual relationship with autoSense or individual rights and obligations under it to a third party without the prior consent of autoSense.

autoSense may withdraw or alter the telephone number associated with the SIM card in the Adapter as well as any other addressing elements at any time without any entitlement to compensation if necessary due to official, operational or technical requirements. For technical reasons, it is not possible to port the telephone number or other addressing elements to another mobile phone provider. Upon termination of the contract, the telephone number and any other addressing elements will revert to autoSense without any entitlement to compensation.

14. Applicable law and place of jurisdiction

The contractual relationship with autoSense is governed by Swiss law. Zurich, Switzerland is the place of jurisdiction. The foregoing is without prejudice to any mandatory places of jurisdiction (e.g. for consumers, the jurisdiction at their place of residence pursuant to Article 32 of the Swiss Civil Procedure Code).

Our representative in the EEA in accordance with Art. 27 of the GDPR is: AMAG (Vaduz) AG, Austrasse 37, LI-9490 Vaduz.