Polestar data portal
TERMS AND CONDITIONS FOR DATA PORTAL
These terms and conditions (the “Terms and Conditions”) constitute an agreement between Polestar Performance AB, a company organized and incorporated under the laws of Sweden, registered under the number 556653-30963 with its address at Assar Gabrielssons Väg 9, 405 31, Gothenburg, Sweden, (“Polestar”) and the contracting natural person or legal entity, as the case may be, (the “User”), for the use of the Polestar Data Portal provided by Polestar (the “Portal”). Each of Polestar and the User is below individually referred to as a “Party” and jointly as the “Parties”.
1. GENERAL
1.1 Polestar is the manufacturer of Polestar branded electric vehicles (the “Products”) and the provider of apps, including the Polestar app, and certain other related services (each such app or service a “RelatedService”) as well as the holder of data generated by the user of the Products and the Related Services (“Data”).
1.2 The User is a user, as defined in Article 2 (12) of Regulation (EU) 2023/2854 on harmonised rules on fair access to and use of data (the “DataAct”), of the Product and/or the Related Services.
1.3 The Portal allows the User, within the meaning of the Data Act, to access Data themselves as well as to share Data, and allow Data to be shared, with third parties who has requested, and is authorized, to access such Data (“RequestingThirdParties”).
1.4 These Terms and Conditions are based on the joint assumption that Polestar is obligated under Article 5 of the Data Act to make Data available and that the User is entitled to request and access such Data under the Data Act.
All terms below shall have the meaning ascribed in the Data Act, unless specifically defined herein.
2. ACCESS TO DATA AND USE OF THE PORTAL
2.1 Pursuant to these Terms and Conditions, the User is entitled to access Data made available in the Portal as well as to share, and direct Polestar to share, such Data with Requesting Third Parties.
In order for the User to gain and maintain access to the Portal, the User is required to have a valid Polestar ID (or equivalent in case the User is a legal entity) that is connected to the relevant Products and Related Services and has accepted Polestar Terms and Conditions for Services (“Terms of Services”) and the User’s use of the Portal shall be subject to the Terms of Services. In case of conflict between the Terms of Services and these Terms and Conditions, these Terms and Conditions shall prevail.
2.2 The User understands and agrees that, with respect to any aftermarket features, components, or modifications installed or enabled by third parties, Polestar shall not be responsible for, nor have the technical capability to access, collect, or provide any Data generated, stored, or transmitted by such third-party installations. In such cases, the User shall direct any requests for Data access or provision to the relevant third party directly.
2.3 The User understands and agrees that any interference with, alteration of, or tampering with the functionalities of the vehicle or its systems may result in the Data becoming inaccessible, corrupted, or permanently unavailable. Polestar shall bear no liability for any loss of data or functionality arising from such actions.
3. CONDITIONS OF USE
3.1 The User may use the Portal only in conformity with these Terms and Conditions.
3.2 The User’s username and password for the Portal must be treated confidentially and may not be sold, transferred, sub-licensed or otherwise shared with any third party. The User shall notify Polestar immediately if it has any knowledge or reason to believe that the confidentiality of its account has been compromised. The User is responsible for all activities associated with the use of its registration information regardless of whether such activities originate with the User or with another party.
3.3 Polestar does not warrant any specific availability of the Portal.
Polestar is entitled to suspend the User’s use of the Portal if Polestar has reason to believe that the User has misused the Portal or violated these Terms and Conditions. If such misuse or violation constitutes a material breach of these Terms and Conditions, Polestar shall be entitled to terminate these Terms and Conditions pursuant to Section 10.2.
3.4 Polestar may unilaterally change details regarding the specifications for the Data characteristics and any access arrangements, if this is objectively justified by the normal conduct of business of Polestar, for example by a technical modification due to an immediate security vulnerability in the line of products or related services offered by Polestar or a change in Polestar’ infrastructure.
3.5 The User acknowledges that the Portal can only be used for accessing Data related to Products (and any Related Services connected to such Products) to which User is legally entitled to access.
4. INTELLECTUAL PROPERTY
4.1 The Portal is and remains the sole and exclusive intellectual property of Polestar. Meaning that all right, title and interest to the Portal, including patent, copyright and trademark rights in and to the Portal, and the accompanying documentations are owned, or controlled, by Polestar.
4.2 Except for the limited rights of use granted herein, the User is not authorised to use names, trademarks, company marks, logos or other components of the Portal or Polestar, and nothing in Terms and Conditions shall be construed as to give User any additional rights than expressly granted herein.
5. RESTRICTIONS
5.1 The User may not: (i) copy, sub-license, transfer, modify, lease, sell, transform, decompile, reverse engineer, disassemble or redesign the Portal or any component thereof neither in full nor in part; (ii) change any copyright notices or other proprietary rights notices which appear in or on the Portal; nor (iii) infringe copyrights, naming rights and property rights of Polestar and/or third parties.
5.2 The User is not allowed to: (i) circumvent any security means or access control technology included in or with the Portal; (ii) forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Portal; (iii) perform activities which damage, disturb or otherwise impede the operation of any Polestar systems; (iv) perform activities causing aggregated data traffic not necessary for normal usage and excessive downloads which impair the stability of any Polestar systems; (v) perform activities aimed at obtaining unauthorised access to any Polestar systems or activities in which the Polestar systems are used without prior authorisation; (vi) perform activities which prevent other users from using resources of the Portal; or (viii) implement viruses or other malicious codes.
6. FUNDAMENTAL DATA DECLARATIONS AND WARRANTIES
6.1 The User declares and warrants that it is a User, within the meaning of Article 2 (12) of the Data Act, of any Products and/or Related Services.
6.2 In case of loss of User’s rights to Data, for any reason including a change of vehicle ownership, the User shall immediately inform Polestar about such fact and/or use any available means to remove access to Data, cease any Data sharing with third parties and refrain from using the Portal in any way which could infringe upon the rights to Data of Users or Polestar.
6.3 Polestar shall not be liable for any unauthorised disclosure of Data if User fails to notify Polestar about a change of vehicle ownership or about any other circumstances resulting in a loss of User’s rights to Data with regards to a specific Product or a Related Service.
6.4 By directing Polestar to share Data with a Requesting Third Party through the Portal, either by requesting Polestar to share such Data or by confirming such a request by a Requesting Third Party, the User declares and warrants:
a. that it has authorised the Requesting Third Party to access the requested Data and that such authorisation has not been withdrawn or has expired;
b. that it has entered into an agreement with the Requesting Third Party regarding the use of the requested Data; and
c. that the Requesting Third Party does not qualify as a “gatekeeper” under Article 3 of Regulation (EU) 2022/1925 (the “Digital Markets Act”).
6.5 As far as the Data qualifies as personal data, each Party declares that it shall only process such Data in compliance with applicable data protection legislation, including but not limited to Regulation 2016/679 (GDPR) and, where relevant Directive 2002/58/EC (ePrivacy Directive) (“Applicable Data Protection Legislation”).
6.6 The Parties acknowledge that, where the User is not the data subject, Polestar may only make available Data which qualifies as personal data to the extent permitted under Applicable Data Protection Legislation.
7. TRADE SECRETS
7.1 The Parties acknowledge and agree that some Data made available in the Portal may be identified as “trade secrets” (“Trade Secret Data”). This means that it is protected under the applicable EU Directive on the Protection of Trade Secrets (Directive (EU) 2016/943 on the protection of undisclosed know-how and business information (trade secrets) against unlawful acquisition, use and disclosure).
7.2 Polestar reserves the right to make the disclosure of any Trade Secret Data conditional upon the Parties agreeing to apply the technical and organisational measures that are necessary to maintain the confidentiality of the Trade Secret Data (“Trade Secret Measures”). Polestar may also unilaterally add Trade Secret Measures if such unilateral Trade Secret Measures do not negatively affect the access to and use of the Trade Secret Data by the User.
7.3 The User undertakes not to alter or remove any Trade Secret Measures unless specifically agreed between the Parties.
7.4 If, in exceptional circumstances, Polestar is highly likely to suffer serious economic damage from disclosure of any particular Trade Secret Data to the User despite the Trade Secret Measure having been implemented, Polestar may withhold or suspend sharing of the specific Identified Trade Secret Data in question, provided that it gives a duly substantiated notice without undue delay to the User and to the competent authority. Regardless of the above, Polestar must continue to share any Trade Secret Data other than such specific Trade Secret Data.
7.5 If the User fails to implement and maintain the Trade Secret Measures imposed on it and if this failure is duly substantiated by Polestar, e.g. in a security audit report from an independent third party, Polestar is entitled to withhold or suspend the sharing of the specific Trade Secret Data, until the User has resolved the incident or other issue as described in the following two paragraphs. In such event, Polestar must, without undue delay, give duly substantiated notice to the User and to the competent authority.
7.6 Each of Section 7.4 and 7.5 entitles the Data Holder to terminate these Terms and Conditions only with regard to the specific Trade Secret Data, provided that:
a. all the conditions of either Section 7.4 or Section 7.5, as applicable, have been met;
b. The Parties have not been able to resolve the issue within a reasonable time, even after trying to reach an agreement with the help from the competent authority; and
c. the User has not been awarded a definitive court decision requiring Polestar to make the Data available The User’s use of Data and Disclosure to Third Parties
7.7 Taking into account the limitations regarding Trade Secret Data, the User may otherwise use the Data for any lawful purpose and/or share the Data subject to the limitations in this Section 8.
7.8 The User must not, and must ensure that any Requesting Third Party shall not:
a. use the Data it receives to develop any product that competes with any of the Products nor share the Data with any third party with that intent;
b. use the Data it receives to derive insights about the economic situation, assets and production methods of Polestar, or Polestar’ use of the Data;
c. use coercive means to obtain access to Data or, for that purpose, abuse gaps in Polestar’s technical infrastructure which is designed to protect the Data;
d. make the Data available to any party that qualifies as a “gatekeeper” under Article 3 of the Digital Markets Act
e. use the Data it receives in a manner that adversely impacts the security of any Product or Related Service;
f. provide false information to Polestar or deploy deceptive or coercive mean; or
g. use the Data it receives for any purposes that infringe EU law or applicable national law.
7.9 The User must not make any Data available to a Requesting Third Party or any other third party unless it is contractually agreed with the User and compatible with applicable EU and national law. In no event shall Polestar be held liable towards the User for the absence of such an agreement.
7.10 The User acknowledges that any Requesting Third Party shall only process the Data made available to it pursuant to this Agreement for the purposes and under the conditions agreed between the User and the Requesting Third Party.
8. Feedback
If the User provides any ideas, suggestions or recommendations to Polestar regarding the Portal or any content, software or API on it (“Feedback”), Polestar may use such Feedback and incorporate it in its software, products, technologies, and services without paying fees or royalties to the User and without any other obligations or restrictions. The User hereby grants Polestar a perpetual, irrevocable, transferable, sublicensable, nonexclusive license under all rights necessary to incorporate and use the User’s Feedback for any purpose, including to make and sell any products and services.
9. TERM AND TERMINATION
9.1 Subject to Section 10.2 below, these Terms and Conditions will remain in effect from the User’s registration in the Portal and up until the User’s account is terminated (for whatever reason) following which these Terms and Conditions will also automatically terminate with immediate effect.
9.2 If the User materially breaches any of its obligations under these Terms and Conditions, Polestar may:
a. if the User is a natural person, immediately on written notice to the User terminate these Terms and Conditions; or
b. if the User is a legal entity, immediately on written notice to the User terminate these Terms and Conditions, provided that the User has failed to cure the breach, if curable, within 30 days after written notice of the breach.
9.3 Following the termination of these Terms and Conditions (for whatever reason), the User must immediately cease use of the Portal and any software, content or APIs provided on it.
9.4 The Termination of these Terms and Conditions releases both Parties from their obligation to effect and to receive future performance but does not affect the rights and liabilities that have accrued up to the time of termination.
10. WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY
10.1 The Portal and, to the extent permitted under applicable law, any Data provided through the Portal are provided on an "as-is" and "as available" basis and without any warranty or representation for quality, quantity, completeness, accuracy, availability, error-free and fitness for any particular purpose. Polestar does not make any representations or warranties concerning the results from the use of the Portal.
10.2 Under no circumstances will Polestar be liable for any consequential, special, indirect, incidental or punitive damages whatsoever arising out of the use or inability to use the Portal, even if Polestar has been advised of the possibility of such damages, and notwithstanding any failure of essential purpose of any limited remedy. The above limitations and exclusions shall only apply, and only will be enforced, to the maximum extent permitted under applicable law.
11. INDEMNIFICATION
The User hereby agrees to indemnify Polestar, its affiliated entities, and their respective officers, managers, directors, investors, employees, and agents, of all liabilities, payment obligations, claims, costs, legal disputes or liability claims, which arise due to or in connection with: (i) the User’s actions within the Portal and the use of any Data, in particular, from the violation of these Terms and Conditions; (ii) the User’s infringement, misappropriation or violations of intellectual property and intellectual property rights or other rights or data protection obligations; or (iii) third-party misuse of any Data, if the misuse was facilitated by the User’s failure to take appropriate measures for the protection of the user name and password against such misuse. Polestar rejects any and all liability for complaints arising from the use of any Data.
12. GOVERNING LAW AND DISPUTE RESOLUTION
12.1 These Terms and Conditions shall be governed by the law set out in the Terms of Services. The United Nations Convention on the International Sale of Goods shall not apply.
Any dispute, controversy or claim arising out of or in connection with these Terms and Conditions, or the breach, termination or invalidity thereof, shall be finally settled as set out in the Terms of Services.
13. MISCELLANEOUS
13.1 Any notice to be given to Polestar in relation to these Terms and Conditions shall be sent to:
Polestar Performance AB
Mailing address: Assar Gabrielssons Väg 9, 405 31 Gothenburg, Sweden.
Attention: Polestar DPO (Data Protection Officer)
E-mail: dataportal@polestar.com
13.2 Unenforceable terms of these Terms and Conditions will be replaced by another valid, legal and enforceable provision, which corresponds most closely to the intended purpose of the Terms and Conditions and only to the extent necessary to make them enforceable. The other terms will remain in effect without change.
13.3 Polestar reserves the right, at its discretion, to modify these Terms and Conditions notably to comply with the applicable laws and regulations. The User shall be bound by any new version of the Terms and Conditions that Polestar will update. This new version shall be sent to the User for acknowledgement and agreement in a form that Polestar will deem to be legally binding. Even though, we encourage the User to revisit these Terms and Conditions regularly.
13.4 Polestar and the User are independent contractors. These Terms and Conditions do not create any agency, partnership or joint venture between Polestar and the User.