Services

v0.6

1. General

These General Terms of Services (these “Terms”) apply to the services provided by Polestar Performance AB, Swedish legal entity with company registration number 556653-3096, with its principal place of business at Assar Gabrielssons Väg 9, 405 31 Gothenburg, Sweden, and/or any of its affiliates (“Polestar” or “we” or “us” or “our”) connected to your Polestar vehicle.

With “Service(s)” we mean services related to a Polestar vehicle or other services that Polestar has agreed to provide to you.

The term “you” or “your” in these Terms refers to the private individual or the legal entity (as the case may be) being the user of the Services and our contracting party.

These Terms are meant to help you understand your rights and responsibilities related to the Services, our relationship to you and where you are interacting with other service providers as part of using the Services. For example, these Terms include the following content:

What to consider when using the Services – establishing certain requirements for using the Services.

Description of the Services – how they are provided
Certain Third-Party services
Problems or disagreements – how to contact us

2. Use requirements

2.1 Accepting Terms and Age Requirements

2.1.1

Using a Service will require you to accept these Terms.

2.1.2

In addition, some of the Services would also come with separate terms and/or service descriptions which apply in addition to these Terms, and will be referred below to as the “Specific Terms”. The latter’s form an integral part of the Terms.

2.1.3

Furthermore, in order to use any services provided by Third Parties, you will be required to accept the terms of the third party, and will be referred below to as the “Third Party Terms”. The term “Third Party(ies)” in these Terms refers to any legal entity, other than Polestar or its affiliates, that is providing Services to you and is requiring you to accept their own terms.

2.2 Conditions of use of the Services

2.2.1

You may use the Services to the extent you are of legal age, capable of forming a contract, and not legally prohibited from using the Services under the applicable laws and regulations.

2.2.2

You further represent and warrant that you are not, and are not acting on behalf of, any individual or entity designated on any applicable sanctions lists.

2.2.3

You also agree that you will not sell, provide, or otherwise transfer any right to access or use the Services to any such sanctioned person, or to any person located in, or ordinarily resident in, (a) a country or territory that is, or whose government is, subject to comprehensive sanctions, as may be in place or imposed from time to time, (b) Russia or (c) Belarus.

2.2.4

In the event that any of these representations or warranties are found to be untrue, your order and Contract (as defined below in Section 5.1) shall be terminated immediately, without any obligation on our part to provide compensation of any kind. Furthermore, under applicable laws, we may be prohibited from refunding any payments you have made to us.

2.2.5

You may not use the Services:

a) contrary to what is stipulated in these Terms, any Specific Terms or Third Party Terms.

b) in a way that would be in conflict with applicable laws or regulations, e.g. intellectual property rights or traffic regulations. Usage threatening the security of any Services as well as usage that may damage or interfere with our or a third party´s technical infrastructure or other customer´s use of the Services is also prohibited.

c) You must not damage, disable, or in any other way impair the Services or in relation to the Services introduce viruses, “worms”, malware, spyware, “trojan horses” or other malicious code or programs that may damage the operation of the Services.

d) If you let other persons use the Services, you acknowledge and agree that the use is entirely your responsibility. This means that any breach by a user of these Terms, any applicable Specific Terms or Third Party Terms will be considered a breach made by you.

2.2.6

Services should only be used by you in compliance with the relevant laws in your market, including applicable road traffic laws, and should not be used for any illegal purposes. You are always ultimately responsible for safe and lawful use of the Services and the Polestar vehicle.

2.2.7

The use and/or creation of an account required for the Services under a false identity, or otherwise by means of incorrect information, are prohibited and may also be a criminal offence.

2.2.8

Some Services (such as but not limited to your Polestar ID) may require a password, in which case you must choose a password that is difficult for others to reveal. We may establish requirements in respect of what is considered a sufficiently secure password. You are solely responsible for keeping your password secret and must not reveal it to third parties. If you suspect that any third party has gained unauthorised access to your password, you shall immediately change the password. If you suspect that any third party has gained unauthorised access to any Services through your Polestar ID, please immediately contact us at https://www.polestar.com/ie/support/.

2.3 Representation and warranty

2.3.1

You confirm that all the details provide to us are true and correct. You acknowledge and approve that we will communicate and contact you on the email address, phone number (including via text message) or other channel of communication that you provide to us. You are therefore responsible for at all time keeping the contact details we hold on you up to date and to contact our Customer Support as soon as possible if you change any of your contact details.

2.3.2

You represent and warrant that you will not sell, provide, transfer, sublicense, or export the Services in full or part (including but not limited to any software) to any “Listed Person” which shall mean any person, company, entity or organization, designated on any sanctions list issued by, or otherwise blocked or subject to economic sanctions imposed by, the European Union (“EU”), the United States (“U.S.”) or the United Nations (“UN”), or any other relevant government authority, as the case may be, or any person owned or controlled by, or acting for or on behalf of, such Listed Person. You further represent and warrant that you are not acting for or on behalf of, and will not otherwise sell, provide, transfer or sublicense the Services in full or part (including but not limited to any software) to, any person located or organized in Cuba, Iran, North Korea, Russia, Syria or the Crimea region of Ukraine. By using the Services, you also represent and warrant that you are not located in any such country or on any such list.

2.4 Internet or mobile data

2.4.1

The functionality of certain Services requires internet or mobile data access. Polestar vehicle comes with internet access which enables you to use these Services for an initial period. After that initial period, a subscription might be needed to be able to use the relevant functionality of these Services.

2.4.2

Access to internet via the Polestar vehicle will be subject to you accepting the Third-Party Terms from the applicable telecommunication provider. Further, the telecommunication provider may request that you complete a verification process that includes a mandatory ‘know your customer’ check. In this process, certain documentation and personal information must be provided to the telecommunication provider. In some cases, you may be asked to submit additional documentation to successfully pass the identification process.

2.5 Polestar ID

2.5.1

Use of many Services requires you to have an active Polestar ID. The Polestar ID is a unique, personal and non-transferable account and provides access to Services within the Polestar ecosystem. Signing up for and using the Polestar ID is free of charge. Some Services may require you to link your Polestar ID to your Polestar vehicle, such as the Polestar App.

2.5.2

By registering a Polestar ID, you confirm that the data you provide to us is and remains accurate and that the Polestar ID is created for use in accordance with these Terms. The creation or use of a Polestar ID or any other Service under a false or fictitious identity, or by providing inaccurate, false, or misleading information, is strictly prohibited and may constitute a criminal offence under applicable laws.

2.5.3

We reserve the right, at our sole discretion, to immediately deactivate and permanently delete your Polestar ID account if you have acted in violation of Section 2.5.2 or if your Polestar ID has remained inactive for an extended period of time.

2.5.4

You also confirm that we can contact you on the email address you specified when you registered your Polestar ID. We will only use this email address for direct marketing to the extent permitted under applicable data protection and electronic communications laws. This means that we may send you marketing about products or services similar to those you have already purchased, provided you have not opted out, or otherwise only where you have given us your express consent. For more information on how we process your personal data for marketing purposes, please see our Customer Privacy policy.

2.6 Primary Driver/Change of Ownership

2.6.1

You must be the Primary Driver (as defined below) or have the Primary Driver’s clear and undisputed consent to use a Service in any way linked to a specific Polestar vehicle. A “Primary Driver” is a person who has the right to dispose of a Polestar vehicle. This means if you are the registered owner or authorised user of the Polestar vehicle by way of a leasing agreement or a consent from the Primary Driver. Polestar reserves the right , at any time, to investigate whether you are the Primary Driver or have the Primary Driver’s consent to use the Services.

2.6.2

Some Services, features and functions provided by Polestar can impact users of the Polestar vehicle or connected device other than the Primary Driver. It is the Primary Driver’s responsibility to ensure that such other users are informed of the processing of personal data by providing our Privacy Notice to such users (as available in section 7).

2.6.3

If for any reason you are no longer the Primary Driver of a Polestar vehicle you must promptly deactivate all Services related to that Polestar vehicle by using the ´reset to factory’ settings. You must also deactivate the link between your Polestar ID and the Polestar vehicle. More information on how to deactivate the Services can be found in the Owner’s Manual (https://www.polestar.com/ie/manual/). You can also contact us at https://www.polestar.com/ie/support/contact/.

If we become aware of any change of Primary Driver of a Polestar vehicle with one or more Polestar IDs linked to it, we may immediately block or deactivate these links unless you can show that you are the Primary Driver or have the Primary Driver's Consent to continue using your Polestar ID in relation to the Polestar vehicle.

3. Digital booking

3.1 What is Digital Booking?

3.1.1

Digital Booking is a Polestar Service, available when logged in to your account at polestar.com, that enables you to book a service of your Polestar vehicle.

3.1.2

Definitions used for Digital Booking are:

a) “Digital Booking” means each separate confirmed request for Service.

b) “Servicing” means specific services, to be determined and agreed between you and Polestar or a Workshop Partner, in relation to your Polestar vehicle for example routine maintenance, warranty service, etc.

c) “Workshop Partner” means a business independent of Polestar providing Servicing or other workshop related services including Pick-up & Delivery Service (as defined below in Section 3).

3.1.3

Polestar does not perform any Servicing through Digital Booking, it is only a technical platform that enables you to book a time for Servicing your Polestar vehicle by a Workshop Partner.

3.1.4

Pick-up & Delivery Service includes an employee or contractor of a Workshop Partner going to an agreed location at an agreed date and time to retrieve and return your Polestar vehicle.

3.1.5

If the Workshop Partner offers alternative transportation service, you will need to agree any additional terms in connection with the loaner, this with the retailer.

3.1.6

You can manage your Digital Bookings on polestar.com when logged into your account. Managing a Digital Booking involves:

a) Cancel your appointment previously booked online;
b) Scheduling a new appointment.

3.2 View details about your already booked appointment - Service Provider Interactions

3.2.1

Using Digital Booking is free of charge.

3.2.2

Servicing: Unless you have purchased your Polestar vehicle from Polestar directly:

a) All work performed on your Polestar vehicle by the retailer is subject to a separate contract between you and the retailer.

3.3

Digital Booking is only a technical platform that enables you to book a time for Servicing. Claims arising out of or which are related to Digital Booking, Pick-up & Delivery Service, Servicing or any other services performed or provided by a Workshop Partner or a driver shall exclusively be dealt with between you and the Workshop Partner and to the extent permissible under law, Polestar shall not be liable for any loss or damage. Workshop Partners is always responsible for the acts or omissions of its employees, agents and contractors.

3.4

You may cancel the use of Digital Booking by logging into your Polestar account, or by contacting Customer Support, or by reaching out to the workshop directly.

4. Third party services

4.1

Polestar may use a Third Party for providing certain services or parts of a service. If so, Polestar will remain responsible for the Service in relation to you unless otherwise stated in these Terms or agreed between you and Polestar.

4.2

In addition, Polestar may also make Third Party services available to you. Third Party services are services provided by an independent Third Party and will be subject to separate terms and conditions between you and the Third Party as defined in Section 2.1 under Third Party Terms and are not covered by these Terms.

Part of said Third Party Terms include notably the followings. Even though, the below Third Party Services are not exhaustive and you may be subject to other Third Party Terms in relation to other Third Party services.

4.3 Google Automotive Services

Your Polestar vehicle comes with Google built-in, meaning that the infotainment system in the Polestar vehicle runs on the Android Automotive operating system offering Google Automotive Services (e.g., Google Maps, Google Assistant and Google Play Store). The infotainment system also offers the possibility to log-in with a Google account. Google is responsible for the provision of these services and your use of these are governed by governed by the Google Terms of Service and Google Maps Terms of Service.

4.4 Polestar Charge

4.4.1

Polestar Charge is an app provided by a Third Party, Plugsurfing GmbH (“Plugsurfing”), and allows you to locate public charging stations to charge your electric vehicle.

4.4.2

This app is a Third Party service subject to Plugsurfing’s terms and conditions and privacy policy in addition to these Terms. In order to use the app you need to accept Plugsurfing’s terms that you can read and which will be presented to you via the charging feature in the Plugsurfing-Polestar edition app. By registering, an account will be created in your name with Plugsurfing and Plugsurfing will invoice or charge you directly for using electric vehicle public charing. If you already have an account with Plugsurfing, you will not be able to use that account through the Polestar Cars app.

4.4.3

If you experience issues with or have any questions about electric vehicle public charging (EVPC), please contact us for support and if necessary, we will connect you with Plugsurfing. Electric vehicle public charging is only available in selected markets.

4.4.4

For information about how your personal information is processed please read our Privacy Notice for Polestar Cars app and also Plugsurfing’s privacy policy.

5. Purchasing services

5.1

The use of certain Services may require that you pay a fee to get access to them, as further described in any applicable Specific Terms or the documentation. The use of certain Services may also require a Service subscription. For that purpose, procuring of the Services shall be performed on the dedicated Polestar website available at: https://www.polestar.com/ie/shop/extras/

5.2

In respect of the Third Party Services, our primary role is to make available such Services to you. You acknowledge that the Third Party Service may be subject to Third Party Terms to be agreed between you and the Third Party. As a condition for using the Third Party Service, you may be required to pay fees and/or accept the Third Party´s Terms. We do not assume any liability in relation to the availability or functionality of such Third Party Services, or the processing of personal data within such Third Party Services. You also acknowledge that any processing of your personal data by the Third Party may be subject to the Third Party´s Terms.

5.3 Right to cancel

5.3.1

You may cancel your Contract within 14 days after entering into your Contract without giving any reason.

5.3.2

To exercise your right of cancellation, you must inform us of your decision to cancel the Contract by a clear statement. You can do this by sending your cancellation by post to our address noted above or contact us at https://www.polestar.com/ie/support/contact/. You can use this https://www.polestar.com/ie/legal/terms-conditions/consumer-withdrawal-form/ to give cancellation, although it is not required.

5.3.3

If you decide to cancel the Contract under the above conditions, we will without undue delay reimburse you for all payments which we have received from you in relation to the Contract. If you have used the Service before you exercise your right of cancellation, we may make a reasonable deduction from the reimbursement corresponding to your use of the Service.

5.3.4

We will make the reimbursement using the same means of payment as you used for the initial transaction. You will not incur any fees from us as a result of the reimbursement.

5.3.5

Nothing in these Terms will affect your statutory rights, whether in relation to your withdrawal right, your statutory warranty right or otherwise. To exercise your statutory warranty right, please contact us at https://www.polestar.com/ie/support/contact/.

5.4 Subscriptions and renewals

5.4.1

In some markets it is possible to subscribe to a Service on rolling basis where the subscription will automatically renew e.g. monthly, and in others only for fixed periods e.g. quarterly, or annually.

5.4.2

For fixed subscriptions you will be charged in advance and the subscription will not automatically renew. If you have a fixed subscription, you may exercise your right to cancel the Service, in which case you will receive a refund.

5.4.3

For rolling subscriptions (other than annual rolling subscriptions), you will be charged in advance for the subscription period. You can give notice of cancellation at any time and your subscription will end at the beginning of the next subscription period, subject to your (https://www.polestar.com/ie/legal/terms-conditions/consumer-withdrawal-form/) (during the 14 days immediately after your subscription first begins) in which case you will receive a refund.

5.4.4

If you have a rolling annual subscription, you will be charged in advance and you may exercise your (https://www.polestar.com/ie/legal/terms-conditions/consumer-withdrawal-form/) during the 14 days immediately after the renewed subscription period begins, in which case you will receive a refund.

6. Subscriptions and renewals

6.1 User license and intellectual property rights

6.1.1

All intellectual property rights in and to the contents of Services (including but not limited to any software) are our or our Affiliates’ and/or licensors’ exclusive property. Unless these Terms, any applicable Specific Terms allow otherwise, you are not granted any rights in or to any intellectual property rights.

6.1.2

We provide you with a license for personal use of the content and the software linked to the Services. This license, which may include intellectual property rights, is non-exclusive and except as otherwise provided in these Terms is non-transferable. The license may only be used for the purposes and in accordance with the usage restrictions specified in these Terms or in the applicable Specific Terms.

6.1.3

Unless allowed by law, you may not decompile, reverse engineer, attempt to derive the source code of, modify or create derivative works of the software associated with the Services and its content. Any breach of this restriction or other failure to comply with any term(s) of this license may result in suspension or termination of the provision of the Services.

6.1.4

Unless otherwise indicated, marks, corporate logos, domain names and emblems are subject to our trademark rights or our licensors´ and, as the case might be, Third Parties´ trademark rights.

6.1.5

This license expires when the Contract, these Terms or Specific Terms are terminated or when you stop using a relevant Service or all Services.

6.2 Links to third party websites or resources

6.2.1

The Services may contain links to third party applications or websites. We provide these links only as a convenience and we are not responsible for the content, products or services on or available from those websites. The inclusion of any link does not imply endorsement by us of the website.

6.2.2

The above applies also to any decision made or action taken by you in reliance on the Services. We take reasonable steps to protect your devices and systems from viruses, “worms”, malware, spyware, “trojan horses” and other malicious codes or programs in providing the Services however we do not guarantee that they do not exist or do not affect your devices and systems.

6.3 Additional terms for app store apps

6.3.1

If you accessed or downloaded any Services via an app (“Polestar Provided App”) from an app store or distribution platform (like the Apple Store, Google Play or the Amazon Appstore) (each, an “App Provider”), then you acknowledge and agree:

a) only to use the Polestar Provided App in accordance with what is permitted in any user terms provided by the App Provider. Moreover, these Terms have been agreed between you and us, and not with the App Provider, and likewise between us and the App Provider, we alone are only liable for the Polestar Provided App. Therefore, the App Provider has no liability to provide any maintenance or support services as regards the Polestar Provided App.

b) If the Polestar Provided App does not fulfil any applicable warranty, you can notify the App Provider and address your request directly to App Provider. To the maximum extent permitted by applicable law, the App Provider has no other warranty liability as regards the Polestar Provided App.

6.3.2

If you are using a Polestar Provided App designed for use on an Apple iOS-powered mobile device (an “iOS App”) you also:

a) agree that Polestar, and not Apple, is responsible for addressing any claims by you or any third-party relating to the iOS App or your possession and/or use of the iOS App, including, but not limited to: (i) product liability claims; (ii) any claim that the iOS App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation, and all such claims are governed solely by these Terms and any law applicable to us as provider of the iOS App.

b) agree that Polestar, and not Apple, shall be responsible, to the extent required by these Terms, for the investigation, defense, settlement and discharge of any third-party intellectual property infringement claim related to the iOS App or your possession and use of the iOS App.

c) represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) You are not listed on any U.S. Government list of prohibited or restricted parties.

d) agree to comply with all applicable Third-Party Terms when using our iOS App (e.g., you must not be in violation of your wireless data service terms of agreement when using the iOS App).

e) agree that Apple and Apple’s subsidiaries are third-party beneficiaries to these Terms as they relate to your license of the iOS App. Upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you they relate to your license of the iOS App as a third-party beneficiary thereof.

7. Your privacy

7.1

We will process your personal data in relation to providing the Services to you. All processing will take place in accordance with applicable legislation as well as with our Customer Privacy Policy and any applicable privacy notices, which you can find on our website, Privacy | Polestar. Please read these documents as they describe, amongst others, the types of personal data we collect from you, your products and the Services, how we might use your personal data, the legal bases we have to process your personal data, as well as your privacy rights.

7.2

If a Service is provided by a Third Party outside Polestar, such Third Party may be the controller responsible for the handling of your personal data in connection with providing the relevant service to you.

7.3

If you sell, transfer, lease or dispose of your Polestar vehicle or your connected device, you are solely responsible for dethatching your Polestar ID from the Polestar vehicle and for deletion of information about you available in the Polestar vehicle or any connected device.

8. Security of your information

8.1

At Polestar, we value security and recognize the importance of ensuring the integrity and confidentiality of your information. We endeavour to implement appropriate technical and organizational security measures designed to protect the Services and your information from unauthorized access, use, disclosure, alteration, or destruction.

8.2

However, no method of technical transmission is completely secure. While we strive to use commercially acceptable means to protect your information, we cannot guarantee absolute security and cannot ensure that unauthorized third parties will never be able to defeat our security measures or use your information for improper purposes. You are responsible for maintaining the confidentiality of your passwords and account credentials.

8.3

For more information on Polestar's responsible disclosure practices, please visit our vulnerability disclosure page at: https://www.polestar.com/global/vulnerability-disclosure/

9. Generated data

9.1 Agreed use of Data by Polestar

9.1.1

This section applies for cars and other connected products that we place on the market within the European Economic Area, as well as any related services associated with such connected products, which fall within the scope of Regulation (EU) 2023/2854 of the European Parliament and of the Council of 13 December 2023 on harmonised rules on fair access to and use of data (the “Data Act”), as listed in the Data Notice (“Connected Products” and “Related Services”, respectively). This section governs your right to access, and our uses of, data generated through your use of Connected Products and Related Services, to the extent covered and permitted by the Data Act (“Generated Data”). For our processing of data that constitute your personal data, please see Section 7 Your Privacy above.

9.1.2

We undertake to use Generated data only for the following purposes:

a) performing the Contract and any other agreement that we have with you;

b) providing support, warranty, guarantee or similar services or to assess your claims or any third party’s claims related to the Connected Products (e.g. regarding malfunctions of the Connected Products) or the Related Services;

c) providing any functioning, functionality and features of the Connected Products or the Related Services necessary for the use thereof;

d) monitoring and maintaining the functioning, safety and security of the Connected Products or the Related Services and ensuring quality control;

e) improving the functioning of the Connected Products or the Related Services;

f) developing new products or services, by Polestar, by third parties acting on behalf of Polestar (i.e. where Polestar decides which tasks will be entrusted to such parties and benefits therefrom) or in collaboration with other parties or through special purpose companies (such as joint ventures);

g) aggregating Generated Data with other data or creating derived data, for any lawful purpose, including with the aim of selling or otherwise making available such aggregated or derived data to third parties, provided such data do not allow specific data transmitted to Polestar from the Connected Products to be identified without proper legal basis or allow a third party to derive those data from the datasets without proper legal basis; and

h) any other purpose for which you have provided your explicit consent.

9.1.3

We will not use Generated Data to derive insights about your economic situation, assets and production methods, or about your use of the Connected Products or Related Services in any other manner that could undermine your commercial position on the markets in which you are active.

10. Sharing of generated data with third parties and use of processing services

10.1 Third-Party access and Service use for agreed purposes

10.1.1

We may share Generated Data with third parties if:

a) the Generated Data is used by the third party exclusively for the following purposes:

i. assisting Polestar in achieving the purposes permitted under Section 9.1.2. related to the agreed use of Generated Data by Polestar above;

ii. achieving, in collaboration with Polestar or through special purpose companies, the purposes permitted under Section 9.1.2; and

b) we contractually bind the third party to:

a) not use the Generated Data for any purposes or in any way going beyond the use that is permissible in accordance with previous Section 9.2.1a);

b) comply with Section 9.1.3;

c) apply appropriate protective measures; and

d) not share the Generated Data further unless you grant general or specific agreement for such further transfer, or unless such Generated Data sharing is required for the purpose of Section 9.1.1 above. In case of further transfer, Polestar should oblige the third party with whom we share Generated Data to include the Sections corresponding to points a) to d) in their contracts with recipients.

10.1.2

Polestar may always use processing services, e.g. cloud computing services (including infrastructure as a service, platform as a service and software as a service), hosting services, or similar services to achieve the agreed purposes under Section 9.1.2. The third parties may also use such services to achieve the agreed purposes under Section 9.1.2 a).

10.2 Your access to Generated Data and personal data

10.2.1

In order to ensure you can enjoy your right to access Generated Data and personal data under the Data Act, you must make sure that you are logged in to your Polestar account when using the Connected Products and the Related Services. We cannot guarantee that you can access all your Generated Data or personal data unless you are logged in to your account when using the Connected Products and the Related Services. For more information on how to exercise your rights to the Generated Data, please refer to the Data Notice.

10.3 Your use and sharing of Generated Data

10.3.1

You may use the Generated Data made available by us upon your request for any lawful purpose and/or share the Generated Data freely subject to the limitations below.

10.3.2

You undertake not to engage in the following:

a) using the Generated Data to develop a connected product that competes with the Connected Products, nor share the Generated Data with a third party with that intent;

b) using the Generated Data to derive insights about the economic situation, assets and production methods of Polestar;

c) using coercive means to obtain access to Generated Data or, for that purpose, abuse gaps in our technical infrastructure which is designed to protect the Generated Data;

d) sharing the Generated Data with a third-party considered as a gatekeeper under article 3 of Regulation (EU) 2022/1925, or

e) using the Generated Data for any purposes that infringe EU law or applicable national law.

10.4 Transfer of use

10.4.1

Where you contractually transfer (i) ownership of the Connected Products, or (ii) your temporary rights to use the Connected Products, and/or (ii) your rights to receive the Related Services to a subsequent natural or legal person (a ”Subsequent User”) and loses the status of a “user” under the Data Act after such transfer, you undertake to ensure that the Subsequent User cannot use your account. For information on how to disconnect your Polestar ID from the Connected Products upon a change of ownership, please refer to Section 2.6.3.

10.4.2

The rights of Polestar to use Generated Data related to the Connected Products or Related Services generated prior to the transfer will not be affected by a transfer, i.e. the rights and obligations relating to the Generated Data transferred under the Contract before the transfer will continue after the transfer.

10.5 Multiple users

10.5.1

Where you grant a right to use of the Connected Products and/or Related Services to another party (an ”Additional User”) while retaining your quality as a “user” under the Data Act, you undertake to ensure that the Additional User cannot use your account.

10.5.2

You also undertake to ensure that you are not logged into any Additional User’s account when using the Connected Products or the Related Services.

10.6 When we act in the capacity of a data recipient

If you request a third party data holder to provide us with your readily available data, together with the relevant metadata necessary to interpret and use such data in accordance with Article 5.1 of the Data Act, we, in our capacity as the data recipient, shall process your data in accordance with Section 9.1.2 and share such data in accordance with Section 10.3.

11. Legal terms

11.1 Changes in the Terms, Specific Terms or Services

11.1.1

We may, from time to time, change these Terms or Specific Terms. We will notify you at least 30 days in advance where the change is material or substantially changes your or our obligations. You may be required to accept changed terms before continuing to use the Services or your continued use will be deemed as acceptance to the changes.

11.1.2

We may add or remove Services and functionalities or features in Services, discontinue, in whole or in part, providing or giving access to particular Services, as well as generally changing the Services or the access to keep the Services useful and up to date.

11.1.3

You are always entitled to stop using the Services and terminate these Terms and Specific Terms in accordance with the Section 11.5 if you do not agree to changes to these Terms, Specific Terms and/or the Services.

11.2 Disclaimers

11.2.1

The Services and all content are, to the extent permitted by law, provided “as is” and “as available” and we do not guarantee any kind of availability toward you. We may at any time perform maintenance work in relation to the Services resulting in limited access to, or suspension, of the Services. Furthermore, we make no warranties in relation to the Services, including but not limited to implied warranties of completeness, accuracy, satisfactory quality and fitness for a particular purpose.

11.2.2

With regard to Services that consist of or contain software, we may from time to time provide security updates and other updates that are required to be installed in order for the Services to continue to function as intended, either by way of remote over-the-air update or by way of manually installed updates that requires you to bring the Polestar vehicle to an authorised repairer of Polestar. If you do not install such updates within the prescribed time period or such other time period set out under law, we will not have any liability for faults or errors caused by the omitted installation.

11.2.3

We follow industry standards and processes to prevent the introduction of viruses, malware and malicious attacks that may harm the Services but cannot guarantee that the Services will be totally free from viruses or malware. We shall not be responsible for the presence of any such viruses or malware nor for any damage that they may cause, or loss that you may suffer, whether directly or indirectly, as a result of a virus that is traced to the Services.

11.2.4

Except as otherwise set out in the Contract and to the extent permitted by law, neither we, nor any of our affiliates will have any liability to you or to any third party that arises out of or relates to provision of the Services or any dispute, controversy or claim that arises out of your actions or inactions.

11.2.5

Services may vary depending on your own access to a certain device (e.g. mobile devices or computers with specific software and operating systems). If your device is not equipped with the necessary technical features or does not fulfil the requirements set out in the Contract or any Third Party Terms for the particular Service, we are not obliged to provide you with the Service.

11.2.6

Services may also vary depending on the Polestar vehicle model and model year, your country of residence, where the Polestar vehicle is registered, was sold and is used, your primary language, the mobile network provider, the infotainment system and application services providers. If the Polestar vehicle is not equipped with the necessary technical features or if you have not performed updates or reparations of the car that is your responsibility or if you do not fulfil the requirements set out in the Contract or any Third Party Terms for the particular Service, we are not obliged to provide you with the Service.

11.2.7

We make information available about our Services and any applicable requirements which you should read and understand before you purchase or subscribe to that Services.

11.2.8

Any links made between the Polestar vehicle and a Service or between different Services can at any time be deactivated as described in the documentation.

11.2.9

With regard to remote vehicle services which are wireless Services connected to your Polestar vehicle provided through the Polestar app aiming to support you and passengers in the event of accidents or car theft,such Services: (a) do not constitute a contract of insurance, and Polestar has no liability to any insurance company in respect of your Polestar vehicle, (b) are not intended to substitute or replace any other anti-theft equipment installed in your Polestar vehicle, (c) neither replace nor substitute any state or national emergency service available to you, and (d) must be used in accordance with all applicable laws and regulations nd shall not be used to invade the privacy of any person. Polestar makes no representations or warranties that a stolen vehicle will be recovered. If Polestar becomes aware of any use of remote vehicle services which is unlawful or an invasion of the privacy of any person, Polestar may in its sole discretion terminate the provision of the remote vehicle services with immediate effect.

11.2.10

Nothing in these Terms excludes, restricts or modifies any guarantee, warranty, term or condition, right or remedy implied or imposed by any applicable law which cannot be lawfully excluded, restricted or modified.

11.2.11

Unless required by applicable laws, a Polestar vehicle owner or Primary Driver will not have the right to access information about previous owners, previous Primary Drivers, or Polestar IDs previously linked to the Polestar vehicle.

11.3 Disclaimer of warranty

11.3.1

Except as otherwise set out in these Terms and to the extent permitted by law, neither we, nor any of our affiliates will have any liability to you or to any third party that arises out of or relates to provision of the Services or any dispute, controversy or claim that arises out of or relates to your actions or inactions, or the provision of the Services. Claims arising out of or which are related to a Third Party Service shall exclusively be dealt with between you and the Third Party, and to the extent permissible under law Polestar shall not be liable for any loss or damage.

11.3.2

The Services and content are provided on an ‘as is’ and “as available” basis, with no form of guarantee or warranty including that the Services or content will meet your requirements or be available on an uninterrupted, secure or fault-free basis, or regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any of the Services or content. Without limiting the foregoing, we and our afiliates expressly disclaim all warranties concerning saleability, appropriateness for a specific purpose, freedom from interference or freedom from intrusion, or warranties arising in connection with sale or usage for commercial purposes.

11.3.3

11.3.5

The content and availability of the Services may vary depending on your Polestar vehicle and/or vehicle model, your country of residence, country of origin of the Polestar vehicle, the mobile network provider, and the service provider(s). Where you are using a Service from your own device (for example your mobile phone) the Services may also vary depending on the technical functionality of that device.

11.4 Limitation of liability

11.4.1

Except as otherwise set out in these Terms and to the extent permitted by law neither we nor our afiliates will be liable for any:

a) incidental, special, exemplary, statutory, punitive or consequential damages, including lost profits, loss of data or goodwill, Service interruption, computer damage or system failure or the cost of substitute Services arising out of or in connection with these Terms or from the use of or inability to use the Services or content, whether based on warranty, contract, tort (including negligence), product liability or any other legal basis, and whether or not we or our affiliates or such other party has been informed of the possibility of such damage or was negligent, and even if a limited remedy set forth herein is found to have failed of its essential purpose.

b) loss exceeding the amount that you have paid to us for the use of the Services in the 12 months preceding the event on which a claim is based.

11.4.2

Polestar shall not be liable for the availability of a Service due to reasons beyond Polestar’s reasonable control such as connectivity, geographic, or topographic conditions (remote locations, underground parking, tall buildings, hills or tunnels), damage to or failure to maintain the Polestar vehicle or to keep the equipment in good working order.

11.5 Term and termination

11.5.1

These Terms will continue to apply until terminated or if you stop using all Services.

11.5.2

You may at any time discontinue the use of any or all Services, in which case these Terms, any Specific Terms or Third Party Terms will no longer be applicable, and you will no longer have any obligations in accordance with these Terms, any Specific Terms or Third Party Terms.

11.5.3

Should you discontinue the use of a specific Service, these Terms, any Specific Terms or Third Party Terms continue to apply for each of the Services you continue to use.

11.5.4

We reserve the right to, permanently or temporarily, discontinue the provision of the Services and terminate or suspend these Terms and/or any Specific Terms in the event of (a) your actual or reasonably suspected breach of these Terms and/or any Specific Terms, (b) our decision to cease offering the Services in their current format, worldwide or in a particular geographical area, or (c) any similar business reason which we in our sole discretion deem to be a reasonable cause to discontinue the provision of the Services. If Polestar intends to stop providing any Service, you will be notified of this within a reasonable time before the Service is terminated.

11.5.5

With the termination of these Terms you may no longer use the Services.

11.5.6

Termination will not affect any provisions of these Terms, any Specific Terms or Third Party Terms which by their nature are intended to continue to apply following termination including without limitation the terms relating to: (a) Disclaimer of warranties, (b) Limitation of liability, (c) Assignment, and (d) Applicable law and venue.

11.6 Assignment

Neither party may assign its rights or obligations under these Terms or any Specific Terms to any third party without the other party's written consent. We may, however, assign our rights and obligations under these Terms and/or any Specific Terms to any affiliate, or to a third party for the provision of any Services.

11.7 Applicable law and venue

11.7.1

Unless otherwise required by law, these Terms, any Specific Terms, and any use of the Services shall be construed in accordance with and be governed by the laws of Sweden, or if you are a consumer, to the laws of the Courts applicable to consumer, excluding the United Nations Convention on Contracts for the International Sale of Goods, without regard to its conflict of law principles. The exclusive venue, for all claims arising from these Terms and/or any Specific Terms, shall, unless otherwise required by law, be the courts in Gothenburg, Sweden.

11.7.2

As a consumer if we do not give the standard of service you expect, or if you think we have made a mistake, please let us know so we can investigate, put matters right and take steps to prevent it happening again. You can do this by contacting our Customer Support, using the contact form on our website https://www.polestar.com/ie/support/contact/contact-form/ providing us with details of your complaint.

11.7.3

As a consumer you can also use the alternative dispute resolution process provided by the Swedish General Complaints Board (Sw. Allmänna reklamationsnämnden), Box 174, 101 23 Stockholm, Sweden, www.arn.se. Furthermore, if you reside in the EU, the European Commission provides for an online dispute resolution platform, which you can access here: https://ec.europa.eu/consumers/odr.

11.7.4

If you would like to bring a matter to our attention, please contact by using this web form.

11.8 Notices

Any notifications you or we make under the Terms – for example, to cancel an order, to change any terms of the Terms, or to terminate the Terms – will only be effective if made by email or otherwise in writing. Oral statements will only be effective if confirmed by email or otherwise in writing by us.

All notices under the Terms shall be deemed to have been delivered upon (i) the time of transmission if sent by email, or (ii) two (2) days from the date of the postmark if sent by registered regular post, to the following addresses:

Polestar Performance AB
Assar Gabrielssons Väg 9
405 31 Gothenburg, Sweden
To you
To the email address you provided us.