General Terms and Conditions for Wellness In-Car App (Wellness App) of VOLKSWAGEN AG
(Version: 20.02.2024)
- Provider, Subject Matter
1.1 The Wellness In-Car App (“**IN-CAR APP**”) is supplied by VOLKSWAGEN AG, Berliner Ring 2, 38440 Wolfsburg, Germany, a stock corporation under German law (Aktiengesellschaft), listed in the Commercial Register of the District Court (Amtsgericht) of Brunswick, Germany, under number HRB 100484, with VAT identification number DE 115235681 (“**VOLKSWAGEN AG**”). VOLKSWAGEN AG may be contacted via mail at the aforementioned address as well as via telephone (telephone number: Hungary: 001800-43347328, Finland: 990800-43347328, other countries: 00800-43347328) or via email (email address: app-support@volkswagen.de).
1.2 IN-CAR APP is supplied in a single act for a specific vehicle of the Volkswagen brand (“**VEHICLE**”) via download in VEHICLE. IN-CAR APP is linked to VEHICLE and cannot be transferred to another vehicle; cf. in detail Section 4.5.
1.3 IN-CAR APP offers various programs which are intended to increase CUSTOMER’s well-being. Some programs require behavior from the VEHICLE occupants that could distract the driver from the traffic situation and are therefore not available while VEHICLE is being driven.
1.4 Any customer who is fully legally competent to validly enter into contracts and of adult age (“**CUSTOMER**”) is entitled to acquire IN-CAR APP in accordance with these General Terms and Conditions for Wellness In-Car App of VOLKSWAGEN AG (“**CONDITIONS**”).
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Supply Prerequisites**
2.1 For the supply of IN-CAR APP, CUSTOMER needs to be the primary user of VOLKSWAGEN AG’s mobile online services “WE Connect” (“**MOBILE ONLINE SERVICES**”) for VEHICLE and an effective MOBILE ONLINE SERVICES contract must be in place for VEHICLE for which CUSTOMER wishes to order and use IN-CAR APP. Separate terms and conditions apply to MOBILE ONLINE SERVICES and need to be separately agreed by CUSTOMER.
2.2 The central access service for the use of digital content or digital services of VOLKSWAGEN AG is in many cases the Volkswagen ID (“**VOLKSWAGEN ID**”). MOBILE ONLINE SERVICES are linked to VOLKSWAGEN ID, which means that CUSTOMER needs to register for a VOLKSWAGEN ID before MOBILE ONLINE SERVICES can be supplied to CUSTOMER by VOLKSWAGEN AG. Separate terms and conditions apply for VOLKSWAGEN ID and need to be separately agreed by CUSTOMER. CUSTOMER needs to register for MOBILE ONLINE SERVICES using their VOLKSWAGEN ID.
2.3 The supply of IN-CAR APP requires that CUSTOMER sets VEHICLE in the online mode and hereby establishes a data connection between VEHICLE and VOLKSWAGEN AG’S data server (“**DATA CONNECTION**”). DATA CONNECTION is established via mobile networks. The availability and performance (speed) of the mobile networks depend on a range of factors that lie outside of VOLKSWAGEN AG’s control. This includes in particular (a) adequate mobile reception at VEHICLE’s location and (b) disruption, impairment or interruption of the mobile reception caused by tunnels, garages, underpasses or other interfering influences (weather conditions such as thunderstorms, jamming equipment, buildings, bridges or mountains, high usage levels in the mobile network for the relevant radio cell etc.).
2.4 The supply of IN-CAR APP depends on the service-readiness of VEHICLE; further information can be found online via the myVolkswagen website (“**MYVOLKSWAGEN**”) https://www.myvolkswagen.net/start/en.html and in the service folder of VEHICLE.
2.5 VEHICLE is equipped with an embedded SIM (eSIM). IN-CAR APP only requires DATA CONNECTION for activation and in case of updates of IN-CAR APP (cf. Section°6).
2.6 DATA CONNECTION required for activation of and for updating IN-CAR APP is established via the eSIM provided - free of charge for CUSTOMER and without CUSTOMER having to conclude a separate contract for this purpose - by a telecommunications provider contracted by VOLKSWAGEN AG.
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Scope and Changes**
3.1 These CONDITIONS exclusively govern the rights and obligations of CUSTOMER and of VOLKSWAGEN AG with regard to IN-CAR APP. IN-CAR APP available to CUSTOMER may vary in particular depending on the model, year of manufacture and equipment of VEHICLE, the software version of MOBILE ONLINE SERVICES installed in VEHICLE, the country in which VEHICLE is used and the service packages of MOBILE ONLINE IN-CAR APP ordered for VEHICLE. Service descriptions and more detailed Information regarding IN-CAR APP can be found in product brochures, the digital service description on MYVOLKSWAGEN and in the FAQs on https://www.myvolkswagen.net/start/en.html.
3.2 These CONDITIONS do not apply to VOLKSWAGEN ID, MOBILE ONLINE SERVICES and to other separately supplied digital content or services of VOLKSWAGEN AG or to those of third-party providers under their brand name or designation ("**THIRD-PARTY SERVICES**").
3.3 VOLKSWAGEN AG may change CONDITIONS from time to time with effect for the future. Changes to CONDITIONS will only take effect with the consent of CUSTOMER.
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Conclusion of Contract**
4.1 By clicking the order button, CUSTOMER submits an order for IN-CAR APP to VOLKSWAGEN AG; the order constitutes an offer to conclude a contract with VOLKSWAGEN AG according to CONDITIONS (“**CONTRACT**”) but does not itself constitute the conclusion of CONTRACT. Upon receipt of CUSTOMER’S order VOLKSWAGEN AG sends CUSTOMER an automatic email confirmation about the receipt.
4.2 CONTRACT is concluded upon receipt of VOLKSWAGEN AG’s order confirmation (additional email) in CUSTOMER’s email account. CUSTOMER receives CONDITIONS applicable to CONTRACT with the order confirmation. VOLKSWAGEN AG does not file CONTRACT for CUSTOMER’s access. CONTRACT can be concluded in the official language(s) of the country that is set for the In-Car Shop. The country setting for the In-Car Shop corresponds to the country in which the contract for MOBILE ONLINE SERVICES with the primary user was concluded.
4.3 If CUSTOMER acquired IN-CAR APP as the equipment of a new VEHICLE, IN-CAR APP is offered free of charge.
4.4 If CUSTOMER acquires IN-CAR APP in the aftersales, the prices listed during the order process shall apply. The prices are listed in the respective local currency and include all applicable taxes (in particular VAT). Delivery costs shall not apply. Payment can be made using the payment methods listed during the order process. VOLKSWAGEN AG will supply IN-CAR APP only upon receipt of payment. This will be explicitly indicated for the IN-CAR APP prior to ordering.
4.5 IN-CAR APP is linked to VEHICLE and cannot be transferred to another vehicle. When ordering IN-CAR APP, CUSTOMER should therefore consider the provisional remaining usage of VEHICLE and how long they intend to keep VEHICLE as well as whether there is any increase in VEHICLE’s value through the acquisition of IN-CAR APP which will benefit them on giving up VEHICLE (e.g. because they are the owner of VEHICLE and obtain the price of VEHICLE) or not (as VEHICLE is a leased car, for instance, and any crediting of the increase in value is not permitted in accordance with the terms and conditions agreed with the lessor).
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Cyber Security, Safety and other Legal Interests**
5.1 VOLKSWAGEN AG strongly recommends that CUSTOMER takes all available measures (e.g. device password, graphic pattern recognition, etc.) to protect their end device and VEHICLE from misuse or unauthorized access by third-parties. CUSTOMERS may under no circumstances disclose their VOLKSWAGEN ID access data to anyone or grant access to IN-CAR APP, VEHICLE and / or servers of VOLKSWAGEN AG beyond the cases explicitly provided for in CONDITIONS.
5.2 VOLKSWAGEN AG is entitled to take appropriate measures to defend against unauthorized access in accordance with Section 5.1 and/or threats from cyber-attacks or other threats on the VEHICLE, traffic and road safety, life, health, the right to informational self-determination (privacy), property and other legal assets of CUSTOMERS, the owner of VEHICLE or the natural or legal person in whose name VEHICLE is officially registered for use on public roads (“**KEEPER**”), third parties and/or VOLKSWAGEN AG. Depending on the severity of the threat and/or the significance of the legal assets under threat, measures may be necessary that temporarily lead to restrictions in accessibility and/or functionality or to a complete blocking of IN-CAR APP. For the avoidance of doubt, the rights regulated in this Section 5.2 shall not limit VOLKSWAGEN AG’s statutory conformity or liability obligations.
5.3 VOLKSWAGEN AG may provide CUSTOMER with updates, including security updates, at no additional cost, for the purposes of implementing the above measures or restoring the full accessibility and functionality of IN-CAR APP or DATA CONNECTION. The restoration of (complete) accessibility and functionality of IN-CAR APP or DATA CONNECTION may require CUSTOMER to install the update or to provide other cooperation (e.g. changing the password for Volkswagen ID).
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Updates (Enhancements, Debuggings, Modifications)**
VOLKSWAGEN AG may provide CUSTOMER, at no additional cost, with updates of IN-CAR APP which contain:
6.1 **ENHANCEMENTS** The evolution of internet-based services occasionally requires further development of services and their adaptation to new technical possibilities or changes in user behaviour and demands or possibilities of the technical development of the environment/infrastructure. To the extent this does not adversely affect the subjective or objective conformity requirements of IN-CAR APP or CUSTOMER’s access or use of IN-CAR APP (i.e. which are no DEBUGGINGS or MODIFICATIONS), VOLKSWAGEN AG may provide CUSTOMER with updates, new software versions and releases that include technical adaptations or additional services, functions, links, integrate additional services or redesign and recompile services, as well as change the name and appearance of IN-CAR APP. VOLKSWAGEN AG is not obliged to supply ENHANCEMENTS.
6.2 **DEBUGGINGS** VOLKSWAGEN AG will provide CUSTOMER with updates (according to Section°10), including security updates that contain DEBUGGINGS which keep IN-CAR APP in conformity with the subjective or objective requirements including legal, regulatory and judicial requirements over a period of time that CUSTOMER may reasonably expect, given the type and purpose of the function and taking into account the circumstances and nature of CONTRACT, at least for the duration of the warranty period for IN-CAR APP (two years from purchase). VOLKSWAGEN AG shall inform CUSTOMER about the availability of updates with DEBUGGINGS and the consequences of the failure to install such updates, as well as provide CUSTOMER with installation instructions. This Section 6.2 does by no means limit CUSTOMER’s remedies for lack of conformity according to Section 10.
6.3 **MODIFICATIONS** VOLKSWAGEN AG may provide CUSTOMER with updates that contain MODIFICATIONS to IN-CAR APP beyond what is necessary to maintain conformity of IN-CAR APP. VOLKSWAGEN AG may make MODIFICATIONS if and to the extent that it is objectively justified and reasonable for CUSTOMER. This applies in particular if the changes are necessary due to (new or amended) legal, regulatory or judicial requirements or changes in the technical conditions of IN-CAR APP’s environment or infrastructure that are beyond VOLKSWAGEN AG's control. If a MODIFICATION negatively impacts CUSTOMER’s access to or use of IN-CAR APP, and the impact is not only minor, VOLKSWAGEN AG shall inform CUSTOMER of such MODIFICATION via email at least four (4) weeks in advance of the features and time of the MODIFICATION. Notwithstanding the foregoing, VOLKSWAGEN AG shall ensure that CUSTOMER may continue to use IN-CAR APP functionalities in an appropriate manner y for the period specified in Section 6.2, e.g. by providing another application with a comparable scope of functions.
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Customer Care**
In case of difficulties with the purchase, or activation of IN-CAR APP, technical malfunctions or other problems regarding the use of IN-CAR APP, CUSTOMER can contact Customer Care at VOLKSWAGEN AG (app-support@volkswagen.de).
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Usage Rights**
8.1 CUSTOMER is granted a non-exclusive, non-assignable, non-sublicensable right to use IN-CAR APP and any content and information obtained through it for the duration of the CONTRACT and subject to CONDITIONS. CUSTOMER is however allowed to grant third parties who use the VEHICLE access to IN-CAR APP for the intended use in accordance with CONDITIONS. CUSTOMER is not allowed to disclose any credentials (password of VOLKSWAGEN ID, S-PIN) to third parties. The right of use is territorially restricted: Use in the United States of America and in the People's Republic of China is not permitted.
8.2 Insofar as the right of use granted in accordance with Section 8.1 relates to software, the right of use shall only extend to use of the object code. Editing of the software or any conversion of the object code back into source code (decompiling) is not permitted except to the extent that a right to decompile cannot be excluded under applicable law.
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CUSTOMER’s Responsibilities**
9.1 CUSTOMER undertakes to ensure that their specific use of IN-CAR APP does not violate the provisions of CONDITIONS, applicable legal provisions in particular according to road traffic regulations, or rights of KEEPER and/or the owner of the VEHICLE or other persons. CUSTOMER remains responsible for third parties’ use of IN-CAR APP if they grant these third-parties access to IN-CAR APP. When using IN-CAR APP, all warnings and information in the relevant service description must be observed by CUSTOMER. CUSTOMER (as driver or the owner/KEEPER of VEHICLE) remains fully responsible for taking precautions for road safety and VEHICLE maintenance; warning and fault messages supplied by IN-CAR APP, if any, are for information purposes only. The VEHICLE driver is solely responsible for complying with all road safety and related laws at all times.
9.2 If CUSTOMER is not both the owner and KEEPER of VEHICLE, before performing software updates, CUSTOMER is responsible for making sure that the software update does not conflict with the instructions or interests of the owner or KEEPER of the VEHICLE. CUSTOMER may find information on such restrictions or on the permission to perform the software updates in the agreements which are applicable between CUSTOMER and the owner or KEEPER with regard to VEHICLE (e.g. from the lease agreement or – in case of a company car – from the employer’s company car guidelines or the employment contract). In case of doubt, CUSTOMER should obtain VEHICLE owner’s prior consent to perform the software update.
9.3 In the event of a culpable (intentional or negligent) breach of the obligations in this Section°9, CUSTOMER shall be liable for the compensation of all damages incurred by VOLKSWAGEN AG and resulting from this breach. Further, it shall undertake to indemnify VOLKSWAGEN AG from any third-party claims raised against VOLKSWAGEN AG and resulting from these breaches.
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Remedies for Lack of Conformity (Warranty)**
10.1 In the event of a lack of conformity of IN CAR APP, CUSTOMER is entitled to have IN-CAR APP brought into conformity, e.g. by an update restoring of the continuous supply or elimination of restricted performance (speed). If (i) VOLKSWAGEN AG refuses or fails to achieve conformity within a reasonable period of time and without significant inconvenience for CUSTOMER, or (ii) where the lack of conformity is of such serious nature that it is unreasonable for CUSTOMER to apply for rectification first, CUSTOMER is entitled to (a) a proportionate reduction of the price and (b) unless the lack of conformity is only minor, terminate the CONTRACT and demand proportionate compensation. A price reduction or compensation is proportionate if it reflects the decrease in the value of IN-CAR APP compared to the value that the digital content or digital service would have if it was in conformity.
10.2 In deviation from the regulations in Section 10.1, VOLKSWAGEN AG shall not be liable for the lack of conformity which is resulting solely from CUSTOMER’s failure to install an update within reasonable time, provided that the failure to install by CUSTOMER was not due to the lack of or shortcomings in the installation instructions provided by VOLKSWAGEN AG.
10.3 The period of time during which updates are provided under Section 6.2 does not extend the duration of the warranty or a guarantee for VEHICLE (including VEHICLE’s equipment required for service readiness).
10.4 To assert CUSTOMER´s warranty rights, CUSTOMER may take measures such as contacting Customer Care, cf. Section 7.
10.5 This Section 10 does not limit the statutory warranty obligations of VOLKSWAGEN AG towards CUSTOMER.
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Responsibility of VOLKSWAGEN AG**
11.1 Unless otherwise provided for in Sections 11.2 – 11.5, VOLKSWAGEN AG shall be liable according to the applicable statutory provisions.
11.2 VOLKSWAGEN AG is not liable in cases of force majeure (military conflicts, epidemics, pandemics, natural disasters, industrial disputes, embargos, terrorist acts or other events which are beyond VOLKSWAGEN AG'S control and which cannot be averted or rendered harmless by VOLKSWAGEN AG even with the utmost reasonable care) or necessary maintenance, repairs or other measures on technical facilities of VOLKSWAGEN AG or a third party that provides data, content, information or transmission capacities that may result in unavoidable disturbances, interruptions or a reduction in the performance (speed) of IN-CAR APP.
11.3 VOLKSWAGEN AG is not liable for the correctness, currentness, accuracy, completeness and/or quality of any data, content and information recognizably made available via IN-CAR APP by THIRD PARTY PROVIDERS. Such data, content and information are not checked and/or modified by VOLKSWAGEN AG.
11.4 VOLKSWAGEN AG shall not be liable for damages and losses incurred as a result of any use of IN-CAR APP where CUSTOMER culpably (intentionally or negligently) does not comply with CONDITIONS. This applies particularly if VEHICLE’S driver is distracted from the traffic situation while driving as a result of using IN-CAR APP and this leads to an accident.
11.5 VOLKSWAGEN AG shall not be liable for any damages or losses arising if CUSTOMER culpably (intentionally or negligently) chooses an insecure password or fails to keep their password confidential in breach of CONDITIONS, or any damage caused culpably (intentionally or negligently) by a third party to whom CUSTOMER has granted access to IN-CAR APP.
11.6 The limitations of liability in Sections 11.2 – 11.5 do not apply to cases of intent, gross negligence, fraud, injury to life, body or health, breach of statutory product liability, fraudulent concealment of a defect, breach of guarantees assumed and / or for the breach of material contractual obligations (so-called cardinal obligations) by VOLKSWAGEN AG towards CUSTOMER.
11.7 To the extent the statutory provisions provide for direct liability of the legal representatives, employees and/or vicarious agents of VOLKSWAGEN AG towards CUSTOMER, the limitations of liability according to Section 11.2 – 11.5 apply accordingly. For clarification: This Section 11.7 does not limit the liability of VOLKSWAGEN AG towards CUSTOMER for the acts of the legal representatives, employees and/or vicarious agents of VOLKSWAGEN AG.
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Right of Withdrawal**
If CUSTOMER is a consumer, CUSTOMER may withdraw from this CONTRACT within 14 days from the day on which CONTRACT was concluded according to Section 4 without giving reason. It is sufficient if the declaration of withdrawal is sent before expiry of the withdrawal period. CUSTOMER receives further information concerning the exercise of the right of withdrawal, instructions on withdrawal and the model withdrawal form in the Annex to CONDITIONS.
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Blocking**
In the event of significant culpable (intentional or negligent) breaches of CONDITIONS by CUSTOMER, VOLKSWAGEN AG is entitled to block CUSTOMER’s access to IN-CAR APP until the breach is remedied. This applies in particular (but is not limited) to cases of a significant, culpable (intentional or negligent) breach of these CONDITIONS on the part of CUSTOMER, in particular if a breach of CUSTOMER’s obligations according to Section 9 leads to an impediment to the security of VEHICLE, IN-CAR APP or the data server of VOLKSWAGEN AG.
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Final Provisions**
14.1 The exclusive place of jurisdiction for any and all claims in connection with CONTRACT on IN-CAR APP is Wolfsburg, Germany, if CUSTOMER does not use IN-CAR APP as a consumer.
14.2 If CUSTOMER uses IN-CAR APP as a consumer, VOLKSWAGEN AG shall be able to take legal action against CUSTOMER only at the court having jurisdiction for their domicile or usual residence. CUSTOMER shall be able to take legal action against VOLKSWAGEN AG at the court of jurisdiction at VOLKSWAGEN AG’s administrative headquarters in Wolfsburg, Germany and at any other court having jurisdiction in such case under applicable law.
14.3 Any disputes resulting from or in relation with CONTRACT shall be governed exclusively by the law of the Federal Republic of Germany. However, if CUSTOMER is a consumer the mandatory legal provisions (e.g. mandatory consumer protection provisions) under the law of the country in which the consumer has their domicile or usual residence at the time of conclusion of CONTRACT shall remain applicable and prevail in case of conflict.
14.4 VOLKSWAGEN AG reserves the right to assign CONTRACT (without otherwise changing the contractual rights and obligations) to another Volkswagen Group company; CUSTOMER hereby grants their consent for this to VOLKSWAGEN AG. VOLKSWAGEN AG shall inform CUSTOMER of the assignment in writing in due time. Should the assignment result in a reduction in CUSTOMER’s contractual claims or rights, CUSTOMER’s consent will be obtained before such assignment.
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Dispute resolution**
15.1 This Section°15 only applies to consumers having their domicile or place of ordinary residence in a member state of the European Economic Area and does not affect the statutory regulations regarding alternative consumer dispute resolution that may exist in countries outside the European Economic Area.
15.2 The European Commission provides a platform for out-of-court online dispute resolution, which can be accessed on www.ec.europa.eu/consumers/odr. On this platform, CUSTOMER will find a list of consumer dispute resolution bodies that can assist in the out-of-court settlement of disputes.
15.3 VOLKSWAGEN AG is neither willing nor obliged to participate in a dispute resolution procedure before a consumer arbitration board.
15.4 For the avoidance of doubt, this Section°15 does not limit CUSTOMER’s right to refer their claim to a court of competent jurisdiction.
Annex: Information concerning the exercise of the right of withdrawal
I. Right of withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason.
The withdrawal period will expire after 14 days from the day on which the contract was concluded.
To exercise the right of withdrawal, you must inform us (VOLKSWAGEN AG, Berliner Ring 2, 38440 Wolfsburg, Germany, telephone number: for all countries: 0800 - 4088800 except for FINLAND (990 -800 433 473 28) and HUNGARY (001-800 433 473 28), e-mail address: contract-support@volkswagen.de) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, or e-mail). You may use the attached model withdrawal form, but it is not obligatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
II. Effects of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
III. Model withdrawal form
To: VOLKSWAGEN AG,
Postal address: VOLKSWAGEN AG, Berliner Ring 2, 38440 Wolfsburg, Germany,
E-mail address: contract-support@volkswagen.de
I/We () hereby give notice that I/We () withdraw from my/our () contract I/we () concluded
Ordered on ()/received on ()
Name of consumer (s):
Address of consumer(s):
Signature of consumer(s) (only if this form is notified on paper)
Date:
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(*) Delete as appropriate