Audi connect Terms of Service

Last Update: 27 January 2021 Page 1 of 20

Effective January 27, 2021 View Terms of Service for Model Year 2019 and earlier vehicles

Highlights

Below for your convenience is a short summary of the Terms of Service set forth in this

agreement. These highlights are not a substitute for the complete Terms of Service below, which

constitute a legally binding agreement. Please review the full Terms of Service for details

regarding your use of the Service.

 You will only use the Service when it is safe and legal to do so, and in compliance with

these Terms of Service (and will ensure the same for additional users)

 We may suspend, modify or terminate the Service at any time and you will not be entitled

to a refund

 You may cancel the Service at any time and you will not be entitled to a refund

 You cannot transfer the Service to another person or another Vehicle without our prior

consent, use it for commercial purposes or re-sell it

 You are responsible for maintaining your Vehicle in good working order so that the

Service can be provided

 You may not use the Service for illegal, fraudulent or abusive purposes

 Information collected to provide the Service will be handled in accordance with our

Privacy Statement

 The Terms of Service for the applicable Wireless Service Provider WiFi hotspot services

are separate and we are not bound by or responsible for them

 The Service is provided “as is” without warranties of any kind and can be limited or

discontinued entirely because of technological changes

 We may update or modify the software used to provide the Service at any time, and we

may do this remotely without notifying you or seeking your consent

 If a dispute arises, it will be resolved through arbitration, and you waive the right to jury

trial or class action treatment.

 We can modify these Terms of Service at any time and such modifications will become

effective upon posting on the Audi of America website and the myAudi mobile

application. If we notify you, then the modifications will become effective at the time of

notification.

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By accepting the Terms of Service during our sign-up process or accessing or using the Service,

you are indicating that you have read, understand, and agree to be bound by the Terms of Service

set forth below.

These Audi connect Terms of Service (“Terms of Service”) govern your use of the Audi connect

services, including Connect CARE, Connect PRIME, and Connect PLUS, Audi connect Digital

Products and Services (including, but not limited to, Function on Demand), and any software,

websites or applications associated with Audi connect (collectively the “Service” or “Services”)

available with your Audi vehicle (your “Vehicle”). Certain services or offerings available

through Audi connect or Connect PLUS that are provided directly by third parties are governed

by separate Terms of Service, for example, for WiFi hotspots, the Terms of Service of your

selected wireless provider will govern. Your Vehicle contains hardware and software

(“Equipment”) that enables you to receive Services as part of a service plan (“Service Plan”).

Some Services are included for an introductory period with your Vehicle and are available for

paid subscription after the introductory trial period. Not every Service or Service Plan includes

an introductory period. Information about the Service and each of the Service Plans is available

at http://www.audiusa.com/technology/intelligence/audi-connect (the “Audi connect website”).

THESE TERMS OF SERVICE CONSTITUTE A LEGAL AGREEMENT BETWEEN

YOU AND US. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, DO NOT

USE THE SERVICES.

PLEASE BE ADVISED THAT THIS AGREEMENT CONTAINS PROVISIONS THAT

GOVERN HOW DISPUTES BETWEEN YOU AND US ARE RESOLVED, WHICH

INCLUDE AN AGREEMENT TO SUBMIT ANY DISPUTE RELATED TO THE

SERVICES OR THESE TERMS OF SERVICE TO BINDING INDIVIDUAL

ARBITRATION RATHER THAN PROCEEDING IN COURT. THESE TERMS ALSO

INCLUDE A JURY TRIAL WAIVER AND A CLASS ACTION WAIVER, WHICH

MEANS YOU AGREE NOT TO HAVE A TRIAL BY JURY AND NOT TO PROCEED

WITH ANY DISPUTE AS PART OF A CLASS ACTION. PLEASE SEE SECTION 15

OF THESE TERMS OF SERVICE FOR FURTHER INFORMATION.

The Service is provided to you, the Vehicle owner or lessee (“you” or “your”) by Audi of

America, Inc. (“AoA”, “we” or “us”), an operating division of Volkswagen Group of America,

Inc. (“VWoA”), certain third-party service providers (“Service Providers”), including providers

of the wireless networks on which the Service relies (“Wireless Service Providers”) and content

providers (“Content Providers”). Such Service Providers and Content Providers will together be

referred to as “Service Partners.”

These Terms of Service set forth the agreement between you and AoA with respect to the

Service are legally binding. When you accept the Terms of Service during our sign-up process or

when you access or use the Service, you are indicating that you have read, understand, and agree

to be bound by these Terms of Service. In addition, your use of the Service and the Audi connect

website is subject to the AoA Privacy Statement, and if you are registering a Key User, the Key

User Agreement, which are incorporated by reference into these Terms of Service. A copy of the

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Privacy Statement is available on the Audi of America website at audiusa.com/privacy. The

parent, subsidiaries, and affiliates of VWoA, including but not limited to Volkswagen AG and

Audi AG (together with AoA, the “Audi Companies”) are third-party beneficiaries under these

limitation, the disclaimers of warranties and limitations of liability, shall extend to them.

1. Starting Your Audi connect Service

In order to use the Service, you must agree to these Terms of Service. The terms of your specific

Service Plan, including the pricing if you continue the Service after any introductory period, and

other terms that are part of your Service Plan, are part of these Terms of Service. You will be

bound by these Terms of Service if either: (i) your Vehicle purchase or lease agreement contains

a provision that says you agree to these Terms of Service; (ii) you sign a contract that includes

these Terms of Service; (iii) you purchase or lease a Vehicle that includes the Service in the

purchase or lease price and you register for the Service; (iv) you speak with an Audi connect

customer service representative and register for the Service; (v) you authorize your independent

AoA-authorized dealership (“Audi Dealer”) to register for the Service on your behalf; or (vi) you

or someone you authorize to use your Vehicle and the Service uses the Service or accepts any of

its benefits. Once you accept these Terms of Service you are responsible for your own

compliance with these Terms of Service and for compliance by occupants of your Vehicle and

anyone using the Service or your account, whether or not authorized by you.

Although Audi connect Services will be active in all vehicles, except for certain Connect CARE

services listed below, some Services will not be enabled for use until you register for a trial or

paid subscription service, either at your Audi Dealer or on your own. The Connect CARE

services listed below are active and enabled prior to purchase or lease, do not require registration

or activation, and will be available for a limited period following delivery of the Vehicle:

1) Automatic Emergency Call (in the event of an airbag deployment, the vehicle electrical

system initiates an automatic emergency call to the emergency service center);

2) Manual Emergency Services (provided when you contact us directly, through the use of the

SOS button in the Vehicle, to notify us of an accident or mechanical breakdown and request

emergency services);

3) Stolen Vehicle Locator (assists law enforcement in locating your vehicle if it is stolen);

4) Online Roadside Assistance (provided when you contact us directly, through the use of the

Roadside Assistance button (which contains an image of a wrench) in the Vehicle, to request

dispatch of a tow service);

5) Map update (update the map material in your navigation system directly from your Vehicle);

6) Charging station location (static, only available on certain vehicles) – Displays charging

points of interest in the Vehicle; and

7) In-vehicle trip planner (only available on certain vehicles) – Syncs destination entries across

the Vehicle, smartphone, and Audi systems

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2. Changing Privacy Settings for Audi connect Service

In some Vehicles enabled with privacy mode, the Audi connect Service can be disabled by using

privacy settings. You may find a list of vehicle models equipped with privacy mode here.

Through your Vehicle MMI, activating privacy mode deactivates some or all Audi connect

services (see your owner’s manual for a description of which services will be disrupted and

which will still be available when privacy mode is enabled).

3. Changes to Terms of Service

We can change these Terms of Service; change, add or delete Services and Service Plans; and

change the prices we charge for each Service Plan, at any time. We will notify you of such

change by sending notice of or otherwise posting amended terms through the myAudi mobile

app and/or myAudi web portal, or as required by law. Any change in prices for your Service Plan

will not take effect until the current term of your Service Plan has expired. It is your

responsibility to review these Terms of Service periodically and when notified of a change. You

can cancel the Services if you do not agree to the change, but if you do not notify us within 30

days after we give you notice of the change, then the change will become part of this agreement

with you. You agree that you are accepting such changes for yourself and any additional users of

the Services using your Vehicle.

4. Registering with Us

If you wish to get the full benefit of your Service Plan, you must register for the Service. Until

you register, the Service, excluding Connect CARE features noted above, will not be

available. You will be asked to provide identification information as part of the registration

process and may be required to provide a credit card.

In order to use the full features of the Service you will be required to create a myAudi account at

https://www.audiusa.com/myaudi. When you create an account you must provide accurate and

complete information; keep your account and password secure and not disclose them to anyone;

and notify us immediately of any breach of security or unauthorized use of your Service or

account using the contact information in Section 17 of these Terms of Service. You will be

solely responsible for all activity in your account.

In addition, as the owner of an Audi vehicle, you can designate a primary vehicle user (“Key

User”) to utilize certain Services and designate additional vehicle users. Certain Services are

only available for Key Users. Acceptance of the Key User Agreement, which includes these

and requires completion of the Key User registration and verification process.

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5. Paid Service Plans, Service Costs, Taxes and Other Charges; Payment Terms

a) Paid Service Plans

We may make available certain paid Services and subscription-based Service Plans (collectively,

“Paid Plans”) from time to time, each with various services and features for model year 2020 and

later Vehicles. Information about specific features for Service Plans, including information and

pricing for Paid Plans, is available at the myAudi web portal and/or the myAudi mobile

application, or by calling us at 1-877-505-2834. Service Plans may include services provided by

certain third parties which are subject to separate terms and conditions.

b) Introductory Period

The purchase or lease of your vehicle may include an introductory period for Paid Plans (also

referred to as a “trial plan”). The introductory period, if any, starts on the date that you activate

your trial and continues for the time specified in the trial plan. You can learn about the features

included in your Service Plans, including Paid Plans, additional features that may be available to

you, and the prices for Paid Plans and additional features (the “Service Rates”) on the myAudi

web portal, the myAudi mobile application (“my Audi App”), or by calling us at 1-877-505-

2834.You may terminate Service during the introductory period of the Paid Plan, if any, included

with the purchase or lease of your Vehicle, by contacting an Audi connect customer service

representative at 1-877-505-2834. However the Connect CARE features will remain active and

enabled.

c) Renewal After Introductory Period

After any included introductory period ends, the Service will be discontinued unless you renew

your subscription with a valid credit card or through any other means of electronic payment,

acceptable to us, and provide us with appropriate authorization to charge the credit card or use

such other acceptable means of electronic payment. In the event you are enrolled in a Paid Plan

with an automatic renewal feature, you authorize us to use your credit card to automatically

charge recurring fees due for renewal of or continued subscription to a Paid Plan. All recurring

payments will be due in the amounts and frequency specified for the particular Paid Plan. Your

payment method on file will be automatically charged within 24 hours of the end date and time

of your current plan, where the end date and time are determined by the initial billing date and

time of the plan purchase plus the length of the paid plan (such as 30 days for monthly plans or

365 days for annual plans). If your billing cycle falls on a weekend or holiday, we may charge

you on the next business day. To cancel the Services and stop automatic renewal or recurring

payments under a Paid Plan, follow the instructions in Section 6 below.

d) Other Charges

You may be responsible for paying directly to third parties, including Connect PLUS Service

Providers (such as AT&T and T-Mobile) and emergency Service Providers, all charges for

services furnished by them directly to you that are not expressly covered by your Service Plan.

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e) Taxes Fees and Surcharges; Other Charges

Service Rates do not include certain taxes and surcharges that may apply to your Service. To the

extent applicable, as determined by us in our sole discretion, in addition to Service Rates, we

may charge state and local sales taxes, surcharges for federal and state Universal Service Fund

contributions, and state and local 911 or other emergency service fees. Charges may also include

a cost recovery surcharge. Surcharges are typically assessed to help defray our costs (or the costs

of our Wireless Service Providers) incurred in complying with federal and state

telecommunications regulations. Surcharges are not taxes or fees that the government requires

from consumers. In addition to all applicable Service Rates, you agree to pay all taxes and

surcharges charged to you by us, which will be added to your bill.

You are responsible for paying directly to third parties, such as medical providers, emergency

responders, and roadside assistance providers all charges for products or services furnished by

them directly to you that are not expressly covered by your Service Plan. Any fees, fines, or other

charges levied by law enforcement agencies or authorities and/or public safety access services, due

to a false alarm or similar occurrence, and related costs, will be your responsibility. We may bill

you such charges and costs directly to you, and you agree to pay such charges and costs upon

receipt.

f) Payment Methods and Your Payment Responsibilities

You are responsible for paying all amounts due on time and in full. All charges (including all

Service Rates, taxes and surcharges) will be charged in advance of the term to which they apply

and are non-refundable. If your payment information has changed at the time payment is due,

you must arrange for payment or provide us with updated payment information, or else we may

discontinue the Service. We may terminate or suspend your Service (in whole or in part) without

notice to you, if your credit, charge or debit card provider refuses a charge from us or if such

card has otherwise expired. Even if we terminate or suspend your Service, you will still be

responsible for any charges due at the time of such suspension or termination.

You expressly consent and authorize us to: (1) verify, either ourselves or through third parties,

your credit, charge or debit card information; (2) receive updated account information from the

financial institution issuing your credit, charge or debit card; (3) review your credit history and

obtain credit reports to determine your creditworthiness; (4) charge all amounts for which you

are responsible to the credit, charge or debit card account number you have provided. We will

only use this information in connection with determining whether to provide you with or charge

you for the Service and as permitted by the AoA Privacy Statement.

We may utilize Volkswagen Payments LLC (dba “AudiPay”), an affiliate, to process payments

for the products and services offered through Audi connect. Your payment details may be

retained by AudiPay if such retention is required by them or otherwise required by law. AoA

does not maintain any information regarding your payment methods.

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g) Disputed Charges

If you think that there has been an error in any charge billed by or through us, you must notify us

by calling (877) 505-AUDI within sixty (60) days, or such longer period as required by law, after

the charge is posted to your account to request an adjustment. If you do not contact us about the

disputed charge within this time period, you agree that you have waived your right to dispute the

charge and must pay all amounts due in full.

6. Service Cancellation and Refunds

You can cancel or terminate your Paid Plan at any time by calling an Audi connect customer

service representative at 1-877-505-AUDI or visiting your account profile on the myAudi mobile

app and/or the myAudi Web Portal following the instructions to cancel a Paid Plan. If you

cancel or terminate your Paid Plan, you will not be entitled to a refund, however, you can

continue to use the Service for the remainder of the period for which you paid. If you are

participating in a Paid Plan, you must provide your notice of cancellation at least 15 days prior to

the start of your next renewal period in order to avoid being charged for the next renewal period.

You cannot cancel or terminate Connect CARE services.

When you cancel a Paid Plan, your cancellation will be effective as of the date you request your

Paid Plan to be cancelled. For Services provided by third-party Service Providers pursuant to

their separate terms and conditions, you must follow the cancellation terms and requirements

specified in those terms and conditions. Visit the Audi Connect Website or the myAudi App for

links to the terms and conditions of Content Providers or Optional Third Parties.

Please see Section 7c for notice and cancellation requirements if you transfer or sell your

Vehicle.

7. Termination, Suspension, Reactivation, Change and Transfer of Service

a) Our Rights to Suspend or Terminate the Service

We can decide to either suspend or terminate the Services at any time for any reason in our

discretion, including: (i) for network or system maintenance, improvement, congestion, or

failure; (ii) if we suspect your Service (in whole or in part) is being used for any unauthorized or

inappropriate purpose; (iii) as a result of your breach of these Terms of Service; (iv) due to any

event beyond our control as described in Section 11(e) of these Terms of Service; or (v) for

reasons unrelated to you or your account with us. If suspension or termination of the Services

occurs for any reason, you acknowledge and agree that you may not be able to access the

Services, including the emergency services. Availability of Services (including Connect CARE)

is subject to certain technologies remaining commercially available for the Service period

(including technologies provided by Wireless Service Providers), and such availability is not

guaranteed or subject to any warranty coverage. Please consult your vehicle’s warranty

documentation for more information on warranty coverages and important limitations and

exclusions.

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If we elect to terminate your Services (in whole or in part) as a result of your breach of

these Terms of Service or unauthorized use of the Services or Equipment, or any other

reason, you will not be entitled to any refunds or credits. You do not have any right to have

your Services reactivated, even if you cure any of the issues that resulted in the termination or

suspension of your Service. It is solely our decision as to whether to allow you to reactivate

Services. If we do decide to reactivate your Services, we have the right to charge a reactivation

fee, and any past due amounts must be paid before the Services are reactivated.

In addition, if we are advised by your financing company or any Audi Companies, or otherwise

receive confirmation that you no longer own or lease your Vehicle, we may suspend or terminate

your Services. Please see Sections 7(c) below for requesting a cancellation or transfer of the

Services.

This Section does not include termination of services provided by a Service Partner (as defined

above) that are subject to separate terms and conditions.

Availability of the Service (including Connect CARE) is subject to certain technologies

remaining commercially available for the Service period (including technologies provided by

Wireless Service Providers), and such availability is not guaranteed.

b) Reactivation of Service

You do not have any right to have your Service reactivated, even if you cure any of the issues

that resulted in the termination or suspension of your Service. It is solely our decision as to

whether to allow you to have Service again. If we do decide to reactivate your Service, we have

the right to charge a reactivation fee.

c) Transfer of Service, Sale of Vehicle, Termination of Lease

You must notify us if you sell or transfer your Vehicle or end its lease by calling an Audi

connect call customer service representative at 1-877-505-AUDI, and you should cancel your

Service Plans in accordance with Section 6 of these Terms of Service. If you fail to notify us and

cancel Services, you will remain responsible for all charges for any Service incurred in

connection with such Vehicle. It is your responsibility to remove all data and content (including

any personal information), if any, that you may have stored on your system before you sell or

transfer your Vehicle, to the extent permitted by the Equipment. You must also notify the new

owner if any services or features are active when you transfer the Vehicle, and you must disclose

to the new owner that those services or features involve the collection, use and sharing of data as

described in these Terms of Service and the AoA Privacy Statement.

Certain Audi connect Digital Products and Services (including, but not limited to, Function on

Demand) may be permanently enabled in your Vehicle, and cannot be removed from your

Vehicle, if you have purchased them as a lifetime plan. After you sell or transfer your Vehicle or

end its lease, you will not be entitled to a refund for any Digital Products and Services you have

purchased.

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We may communicate with you about the Service by providing you with messages through the

Equipment in your Vehicle. If you fail to notify us of a sale or transfer of your Vehicle or

termination of your lease, we may continue to send messages to the Equipment in your Vehicle.

We are not responsible for any privacy-related damages you may suffer as a result of such a

failure to notify us of a sale or transfer of your Vehicle.

8. Authority to Use, Terminate, Change or Transfer Your Service/Service Plan

We will only accept requests from you (or from someone we believe is you, or someone with

your authorization, such as your authorized agent) to use, activate, cancel, change, reactivate, or

transfer the Service. You agree that we can assume that anyone who provides your registration

information is authorized to act on your behalf, and that we shall have no responsibility or

liability for anything that may arise from our providing any services to, or acting upon

instructions from any such individual, even if such individual is not, in fact, authorized by you to

use the Service or your account. You should notify us immediately of any breach of security or

unauthorized use of your Service or account using the contact information in Section 16 of these

9. Your Additional Responsibilities

a) Your Responsibility for the Proper Operation of Your Vehicle and Proper Use of the

Service

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE USE OF OR ANY

RELIANCE UPON ANY INFORMATION OR CONTENT AVAILABLE THROUGH

THE SERVICE IS SOLELY AND COMPLETELY AT YOUR OWN RISK AND

RESPONSIBILITY. IT IS YOUR SOLE RESPONSIBILITY TO ENSURE THAT YOU

(AND/OR ANY OTHER OCCUPANT OF YOUR VEHICLE) FOLLOW

INSTRUCTIONS FOR USE OF THE SERVICE AND EXERCISE GOOD JUDGMENT

AND OBEY TRAFFIC AND ALL OTHER APPLICABLE LAWS AND REGULATIONS,

WHEN OPERATING YOUR VEHICLE; USING THE EQUIPMENT AND SERVICE;

AND/OR EVALUATING WHETHER THE USE OF ANY OF THE SERVICES (OR THE

ROUTING AND DIRECTION DATA YOU RECEIVE) IS SAFE AND LEGAL UNDER

THE CIRCUMSTANCES.

b) Your Responsibility for Insuring Your Vehicle

The Service is provided to you as a convenience. The Service does not constitute insurance and

you should not rely on it to limit the potential for loss, theft or damage to your Vehicle or

property. You are solely responsible for obtaining and maintaining any and all insurance for your

Vehicle, your passengers and your property. No insurance company or insurer will be entitled to

any right of subrogation against us or our Service Partners.

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c) Your Responsibility for Maintaining Your Vehicle

In order for us to provide the Service, the Equipment in your Vehicle must be in good working

order and your Vehicle must have a working electrical system and adequate battery power. The

Service may not work if you try to modify the Equipment or add any equipment or software in or

to your Vehicle that is not expressly authorized by us or is not compatible with the Equipment or

Service. You may need to adjust your use of other Vehicle features, such as adjusting the volume

of your radio to hear the audio portions of the Service. You are solely responsible for the proper

maintenance of your Vehicle and its systems (including the Equipment) and for keeping them in

good working order and in compliance with these Terms of Service and all applicable laws.

d) No Illegal, Fraudulent or Abusive Use of the Service

You may not use the Equipment, the Service, or the Audi connect website, in any way that is

illegal, fraudulent or abusive, including to harass, threaten, abuse, defame, or slander, any

individual or entity. You may use our emergency services, including Connect CARE, only for

actual emergencies and legitimate vehicle assistance needs. You may not use the Service in a

manner that interferes with any other customer’s use of our Service or our provision of our

Service to our other customers. You agree you will not abuse or do anything to damage our or

any of our Service Partners’ respective business, operations, services, reputation, employees,

equipment, property or facilities. You further agree that you will not harass, threaten or use

vulgar and/or inappropriate language towards any customer service representatives.

e) No Commercial Use or Resale of the Service

The Service, including the messages, data, information, content, or other material provided as

part of the Service, are provided only for your non-commercial use, and not for re-sale. Certain

information you receive through the Service belongs to us or our Service Partners (or other third

parties) and may be subject to one or more copyrights, trademarks, service marks, patents, or

other legal protections. You may not (and may not permit or cause any other party to) sell or

resell or otherwise use the Service or any information provided through the Service for

commercial purposes, nor may you reproduce, copy, modify, attempt to reverse engineer, make

derivative works from or otherwise display or distribute information provided through the

Service.

f) No Rights to Telephone Numbers or Other Addresses

You have no property right in any number address or other communication identifier that may be

assigned to you or to the Equipment in connection with the Service. Any such number, address

or identifier may be changed from time to time.

g) Your Responsibility for Others Who Use Your Vehicle

You are solely responsible for those who use the Service in your Vehicle or use your

authentication information, even if you later claim the use was not authorized, and you will be

responsible and promptly pay for any charges arising from such use, and any damages to or

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expenses incurred by us or any of our Service Partners as a result of such use. Neither we nor any

Service Partner has any obligation to inquire about the authority of anyone using your Vehicle or

other information that can be used to identify your account to request the Service for your

Vehicle. You are responsible for the security of any passwords you use to access the Service. We

will make any changes to your account or charge you for any amounts authorized by a person

who provides your authentication information.

10. Terms Applicable to Specific Services or Service Features

a) Locating Your Vehicle if It Is Stolen

If your Vehicle is stolen, we can try to help locate it after we receive satisfactory identification

and confirmation from the police that the Vehicle has been stolen. We generally only provide

location information about stolen vehicles to the police. However, in cases of crises or

emergencies, we may, in our sole discretion, provide you with information about the general area

of your Vehicle without police involvement. Neither we nor our Service Partners have any

obligation to continue our attempts to locate your Vehicle after thirty (30) days from the time it

is first reported stolen or lost to us, and we can’t guarantee that we will be able to find it. We do

not have any obligation to try to find your Vehicle outside of a Vehicle theft situation, such as

trying to locate an individual for you. If your Service Plan provides you with the ability to locate

your Vehicle, such as by using a mobile application, in no case should you use this feature to try

to locate a stolen vehicle. Such efforts are for appropriate law enforcement agencies.

To enable you to continue to receive the benefits of the Service in the event your Vehicle is

recovered, we do not terminate the Service when you report that your Vehicle is stolen, and we

will not terminate the Service unless and until we get express instructions from you.

b) If You Need Emergency Assistance

We will use reasonable efforts to contact appropriate emergency personnel, such as police, fire

department or emergency responders, for assistance when you request it or when the Equipment

in your Vehicle signals for it, but we cannot guarantee that any such emergency personnel will

respond in a timely manner or at all. We will assume an emergency exists if we receive a crash

notification signal from your Vehicle, such as a signal that your air bags have deployed. If

applicable laws require an emergency to be confirmed before emergency personnel provide

service, we will not contact emergency personnel in these areas until we hear your request for

assistance or otherwise confirm that an emergency exists.

YOU EXPRESSLY RELEASE US AND OUR SERVICE PARTNERS FROM ALL

LIABILITIES AND LOSSES (INCLUDING, WITHOUT LIMITATION, PHYSICAL

INJURY AND DEATH) THAT YOU OR OTHERS MAY SUFFER IN AN EMERGENCY

SITUATION, INCLUDING, BUT NOT LIMITED TO, IN THE EVENT OF OUR

FAILURE TO CONTACT APPROPRIATE EMERGENCY PERSONNEL, OR A

SITUATION WHERE THE SOS BUTTON, ROADSIDE ASSISTANCE BUTTON OR

SERVICES ARE NOT AVAILABLE.

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c) If You Purchase an Audi connect Digital Product and Service

You may purchase Audi connect Digital Products and Services (including, without limitation,

Function on Demand) which activate optional features in your Vehicle for specified run times,

including but not limited to, on a monthly, annual, or lifetime basis. Function on Demand service

extensions such as navigation, light function, traffic sign recognition and others may only be

available in specific models, trims and model years. All the terms specified in Section 5, Paid

Service Plans, apply to Digital Product and Service purchases.

YOU EXPRESSLY RELEASE US AND OUR SERVICE PARTNERS FROM ALL

LIABILITIES AND LOSSES (INCLUDING, WITHOUT LIMITATION, PHYSICAL

INJURY AND DEATH) THAT YOU OR OTHERS MAY SUFFER WHEN DIGITAL

PRODUCTS AND SERVICES YOU HAVE PURCHASED ARE NOT AVAILABLE.

11. How the Service Works, Our Service Partners, Restrictions and Limitations

a) Our Service Partners

We work with many different companies, individuals, and government entities to provide you

with the Service. These Service Partners include, for example and without limitation,

telecommunications providers, Wireless Service Providers, public safety operators, emergency

personnel, towing companies, vehicle distributors and dealers, equipment and software

manufacturers, licensors, Content Providers, and any parties who provide any service,

equipment, content, feature or facilities in connection with the Service. These parties are

collectively referred to in these Terms of Service as our “Service Partners.” In some cases, one or

more of the Audi Companies may be a Service Partner. In the event any of our Service Partners

impose additional terms and conditions on the services they provide, by accessing such services

you agree to comply with any additional terms and conditions imposed by them, which will be

available on the Audi connect website.

Certain Audi connect services, including certain Connect PLUS features, available on vehicles

equipped with the Service will be provided through third-parties, such as AT&T, T-Mobile, or

Verizon for WiFi hotspot services. If a service is provided directly by a third party, it may

require an active service agreement with the third party and will be subject to the third party’s

separate terms and conditions. With respect to Content Providers, a separate service agreement

may not be required, however, you should review their Terms of Service and Privacy Statements

to understand how they will use and share your information. Please see the Privacy Statement

here for a list of Content Providers and contact details.

b) How the Service Works, Coverage Area

The Service generally works using wireless communication networks of our Wireless Service

Providers and the Global Positioning System (“GPS”) satellite network. The Equipment in your

Vehicle receives GPS signals and communicates with our response centers through the use of

wireless and landline communications networks. The location of your Vehicle, particularly in

remote or enclosed areas, may affect the availability and quality of the Service that we are able to

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provide to you. Some or all of the Service may not be available in all areas and may only be

available if your Vehicle is in a geographic area covered by the service network footprint (and

within operating range) of one of our Wireless Service Providers and is able to receive GPS

signals. Service is currently only available in the continental United States (including the District

of Columbia), and Alaska, Hawaii, and Puerto Rico.

c) Software

We use software in connection with the Service. We (or our Service Partners) own or have rights

to all such software and you do not acquire any rights in such software other than the right to use

such software as reasonably necessary for you to use the Service as permitted in your Service

Plan and these Terms of Service. We (or our Service Partners) may update or modify the

software contained in your Vehicle’s systems or the Equipment from time to time, and we may

do this remotely without notifying you or seeking your consent. These software updates and

modifications may affect or erase data that you have previously stored on the Equipment in your

Vehicle (such as specific route or destination information). We are not responsible for any lost or

erased (or otherwise affected) data and you are solely responsible for the data that you may have

downloaded, uploaded, transmitted or otherwise stored from, to, on or through the Equipment or

Service.

d) Voice Recognition

Voice recognition software, which may be able to recognize different voices, accents, speech

patterns and words, can be used in connection with the Service. We do not represent or guarantee

that such software will recognize or work with your or other voices, accents or speech patterns,

or recognize some or all words, some or all of the time. In addition, activating privacy mode in

vehicles equipped with this feature will turn off some or all voice recognition features in these

vehicles.

e) Events Beyond Our Control

Various conditions beyond our control may prevent or delay us from providing Service to you, or

affect the quality of the Service. Some examples are atmospheric, geographic, or topographic

conditions (such as tall buildings, hills or tunnels), damage to or failure to maintain your Vehicle

or the Equipment in good working order, government laws, rules or regulations, failure,

congestion or outages of utility or wireless networks (including interruption of cellular service),

war, act of God, natural disaster, inclement weather, and labor strikes. In the event of any of the

foregoing, we may, in our discretion, suspend or terminate the Service (in whole or in part) or

terminate your Service Plan, without notice to you and without any liability. We are not

responsible for delay or failure in providing Service due to conditions beyond our control and

you are not entitled to credit or refund as a result of any such delay or failure.

In the event of any regulatory, governmental, or other legally compelled changes, or

discontinuation or change of necessary telecommunications, systems, services, or technologies

(for example, if your wireless provider terminates, sunsets, or restricts wireless services or

communication technologies of the type used by your Vehicle’s Equipment), it may be necessary

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to replace Equipment for you to continue to receive Services. You are solely responsible for

replacing, as well as the cost of replacing, any Equipment that is necessary to receive the

Services as a result of such change or discontinuation.

12. Collection and Use of Your Vehicle and Subscriber Data

For information on our data collection and use practices, please refer to the AoA Privacy

Statement available here, which is incorporated herein by reference.

13. Disclaimer of Warranties

NEITHER WE NOR OUR SERVICE PARTNERS WARRANT OR GUARANTEE THAT

SERVICE WILL BE AVAILABLE AT ANY SPECIFIC TIME OR AT ALL TIMES OR

TO ANY GEOGRAPHIC LOCATION, OR THAT THE SERVICE WILL BE

PROVIDED WITHOUT INTERRUPTION, DELAY OR ERROR. NEITHER WE NOR

ANY OF OUR SERVICE PARTNERS MAKE ANY WARRANTIES, EXPRESS OR

IMPLIED ABOUT (1) THE EQUIPMENT OR ANY OTHER HARDWARE OR

SOFTWARE USED WITH THE SERVICE, (2) THE SERVICE, (3)

NONINFRINGEMENT, OR (4) ANY DATA OR INFORMATION OR OTHER

SERVICES PROVIDED THROUGH THE SERVICE. THIS INCLUDES, WITHOUT

LIMITATION, WARRANTIES OF SECURITY, TITLE, CONTENT, QUALITY,

ACCURACY, TIMELINESS, COMPLETENESS, CORRECTNESS, RELIABILITY,

MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OR USE. ALL

SUCH WARRANTIES ARE EXPRESSLY EXCLUDED BY THESE TERMS OF

SERVICE. WE EXPRESSLY DISCLAIM ANY AND ALL EXPRESS AND IMPLIED

WARRANTIES.

The only warranties applicable to the Equipment in your Vehicle are those extended as part of

your purchase or lease of your Vehicle. Such warranty does not cover the Service, in whole or

in part.

14. Limitation of Liability

BY ENTERING INTO THESE TERMS OF SERVICE OR BY USING THE

EQUIPMENT OR SERVICE, YOU ARE WAIVING IMPORTANT RIGHTS, AND YOU

ARE PROVIDING YOUR EXPRESS CONSENT TO VARIOUS ACTIONS TO BE

TAKEN BY US, AUDI COMPANIES AND OUR SERVICE PARTNERS (AS

DESCRIBED HEREIN).

Neither we, nor any Audi Company nor our Service Partners assume any risk or responsibility

for your use of the Service, or any of the information or other content provided as part of the

Service. You acknowledge and agree that neither we, any Audi Company, nor any of our Service

Partners are liable for dropped calls or interrupted service, or for problems caused by or

Last Update: 27 January 2021 Page 15 of 20

contributed to by you, by any third-party, by buildings, hills, tunnels, network congestion,

atmospheric conditions, acts of God or natural disaster or by any other conditions or

circumstances out of our control (as further described above in Section 10(e) of these Terms of

Service).

In addition, neither we, any Audi Company nor our Service Partners are liable (1) for our

inability to contact any Service Partner or other party in any particular situation (including any

emergency personnel), (2) for any act or omission of any other company furnishing a part of our

Service or any equipment provided for such Service, (3) for errors or omissions of any vendors,

dealers or manufacturers participating in offers made through us, or (4) for any damages that

result from or arise out of the use, installation, repair or maintenance by you (or by any person

you authorize) of the Equipment or Service, or any product or service provided by or

manufactured by third parties.

IF WE, ANY AUDI COMPANY AND/OR ANY OF OUR SERVICE PARTNERS ARE

FOUND TO BE LIABLE TO YOU FOR ANY REASON, YOU AGREE THAT THE

MAXIMUM, AGGREGATE LIABILITY OF US, ANY AUDI COMPANY AND OUR

SERVICE PARTNERS TO YOU, AND YOUR EXCLUSIVE REMEDY UNDER ANY

THEORY OR FOR ANY CAUSE WHATSOEVER (INCLUDING BUT NOT LIMITED

TO ANY FAILURE OR DISRUPTION OF SERVICE PROVIDED UNDER THESE

PERSONAL INJURY, OR PRODUCTS LIABILITY), SHALL BE LIMITED TO AN

AMOUNT EQUAL TO THE PORTION OF THE SERVICE RATES CHARGED TO

YOU FOR THE SERVICES THAT ARE THE SUBJECT OF THE CLAIM FOR THE

PERIOD OF SERVICE DURING WHICH ANY RESULTING DAMAGES

OCCURRED. YOU ACKNOWLEDGE AND AGREE THAT NEITHER WE, NOR ANY

AUDI COMPANY, NOR ANY SERVICE PARTNER WOULD HAVE AGREED TO

PROVIDE THE SERVICE OR EQUIPMENT TO YOU WITHOUT YOUR

AGREEMENT TO THIS LIMITATION. YOU FURTHER ACKNOWLEDGE AND

AGREE THAT THE DAMAGES CAP SET FORTH IN THIS PARAGRAPH SHALL BE

THE SOLE AND EXCLUSIVE LIABILITY OF US, ANY AUDI COMPANY AND OUR

SERVICE PARTNERS TO YOU.

IN NO EVENT SHALL WE, ANY AUDI COMPANY OR OUR SERVICE PARTNERS

BE LIABLE TO YOU OR ANY OTHER PARTY FOR, AND YOU CANNOT RECOVER

ANY, (A) PUNITIVE, EXEMPLARY, TREBLE, CONSEQUENTIAL, INDIRECT, OR

SPECIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOST

PROFITS OR REVENUE (REGARDLESS OF WHETHER WE, ANY AUDI COMPANY

OR OUR SERVICE PARTNERS HAVE BEEN NOTIFIED THAT SUCH LOSS MAY

OCCUR); OR (B) ATTORNEY'S FEES. YOU AGREE NOT TO MAKE, AND TO

WAIVE TO THE FULLEST EXTENT ALLOWED BY LAW, ANY CLAIM FOR

DAMAGES OTHER THAN DIRECT, COMPENSATORY DAMAGES AS LIMITED

ABOVE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF

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INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THOSE PARTICULAR

LIMITATIONS MAY NOT APPLY TO YOU.

You understand and agree that the Audi Companies and our other Service Partners, including

without limitation the Wireless Service Providers, shall have no legal, equitable, or other liability

of any kind to you in any event, regardless of the form of the action, whether for breach of

contract, warranty, negligence, strict liability in tort or otherwise relating to or arising from the

Service and you waive any and all such claims or demands. If any Audi Company or any of our

other Service Partners is involved in any problem, you also agree to any limitations of liability

that such entity imposes on its customers.

15. Indemnification; Release

You agree to indemnify and hold harmless us, each Audi Company and each of our Service

Partners, including Wireless Service Providers, and each of our or their respective affiliates,

officers, directors, agents, partners and employees, from and against any and all liabilities,

settlements, penalties, claims, causes of action, and demands (including any costs, expenses, or

attorneys’ fees on account thereof) (collectively “Claims”) irrespective of the nature of the cause

of such Claims, alleging loss, costs, expenses, damages or injuries (including without limitation

Claims for libel, slander, or any property damage, personal injury or death), arising in any way,

directly or indirectly, in connection with your (or any occupant of your Vehicle) violation of

these Terms of Service or your (or any occupant of your Vehicle) alteration, use counter to

instructions, misuse or failure to use the Service or Equipment.

You agree that the limitations of liability and indemnities in these Terms of Service will survive

even after your Service Plan has ended and your Service has terminated. These limitations of

liability apply not only to you, but to anyone using your Vehicle, the Equipment or the Service,

to anyone making a claim on your behalf, and to any claims made by your family, employees,

customers, or others arising out of or relating to any Service we or our Service Partners provide

or the Equipment.

WITHOUT LIMITATION OF THE GENERALITY OF THE FOREGOING, YOU

FURTHER AGREE TO RELEASE US, EACH AUDI COMPANY AND EACH SERVICE

PARTNER FROM ALL CLAIMS, LIABILITIES AND LOSSES IN CONNECTION

WITH THE SERVICE AND/OR EQUIPMENT, INCLUDING, BUT NOT LIMITED TO

CLAIMS FOR DATA COMPROMISE, PERSONAL INJURY OR PROPERTY

DAMAGE ARISING FROM THE TOTAL OR PARTIAL FAILURE OF

PERFORMANCE OF THE SERVICE, EVEN IF CAUSED BY THE NEGLIGENCE OF

US, ANY AUDI COMPANY OR ANY OTHER SERVICE PARTNER, OR THE

MALFUNCTION OF THE EQUIPMENT. YOU AGREE THAT THIS RELEASE

EXTENDS TO ANY PARTY CLAIMING UNDER YOU AND THAT NO INSURANCE

COMPANY WILL HAVE ANY RIGHT OF SUBROGATION.

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16. Dispute Resolution

PLEASE FIRST CONTACT US FOR CUSTOMER SUPPORT IN THE EVENT OF ANY

DISPUTE. IF WE ARE UNSUCCESSFUL IN RESOLVING OUR DISPUTES IN THIS

MANNER WITHIN A REASONABLE TIME PERIOD, YOU AND AOA EACH AGREE

THAT, TO THE FULLEST EXTENT PROVIDED BY LAW:

(1) ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THESE

IN CONNECTION WITH THESE TERMS OF SERVICE, WILL BE SETTLED BY

INDEPENDENT ARBITRATION INVOLVING A NEUTRAL ARBITRATOR AND

ADMINISTERED BY THE BETTER BUSINESS BUREAU (“BBB”) UNDER BBB

ARBITRATION RULES, AS MODIFIED BY THESE TERMS OF SERVICE. BBB

RULES AND FEE INFORMATION ARE AVAILABLE FROM US OR THE BBB.

ARBITRATION IS NOT A COURT PROCEEDING. THE RULES OF ARBITRATION

DIFFER FROM THE RULES OF COURT. THERE IS NO JUDGE OR JURY IN AN

ARBITRATION PROCEEDING;

(2) EVEN IF APPLICABLE LAW PERMITS CLASS ACTIONS OR CLASS

ARBITRATIONS, YOU EXPRESSLY WAIVE ANY RIGHT TO PURSUE ON A CLASS

BASIS ANY SUCH CONTROVERSY OR CLAIM AGAINST AOA, ANY AUDI

COMPANY OR ANY OF OUR SERVICE PARTNERS, OR ANY OF OUR

RESPECTIVE AFFILIATES, OFFICERS, DIRECTORS, AGENTS, PARTNERS,

LICENSORS, EMPLOYEES OR PREDECESSORS IN INTEREST. IF MULTIPLE

CLAIMS ARE JOINED IN ONE ACTION, SOME OF WHICH WOULD NOT BE

SUBJECT TO ARBITRATION, THE LATTER CLAIMS MUST BE STAYED UNTIL

ANY CLAIMS IN THAT ACTION THAT ARE SUBJECT TO ARBITRATION HAVE

BEEN RESOLVED. IF CLAIMS ARE ASSERTED AGAINST MULTIPLE PARTIES,

SOME OF WHOM ARE NOT REQUIRED TO ARBITRATE, THE CLAIMS SUBJECT

TO ARBITRATION MUST BE SEVERED. HOWEVER, YOU RETAIN YOUR RIGHT

TO FILE A COMPLAINT WITH ANY REGULATORY AGENCY OR COMMISSION;

(3) NO ARBITRATOR HAS AUTHORITY TO AWARD RELIEF IN EXCESS OF

WHAT THESE TERMS OF SERVICE PROVIDE, OR TO ORDER CONSOLIDATION

OR CLASS ARBITRATION, EXCEPT THAT AN ARBITRATOR DECIDING A CLAIM

ARISING OUT OF OR RELATING TO A PRIOR AGREEMENT MAY GRANT AS

MUCH SUBSTANTIVE RELIEF ON A NON-CLASS BASIS AS SUCH PRIOR

AGREEMENT WOULD PERMIT. IN ALL ARBITRATIONS, THE ARBITRATOR

MUST GIVE EFFECT TO APPLICABLE STATUTES OF LIMITATIONS AND WILL

DECIDE WHETHER AN ISSUE IS ARBITRABLE OR NOT. IN A LARGE/COMPLEX

CASE ARBITRATION, THE ARBITRATORS MUST ALSO APPLY THE FEDERAL

RULES OF EVIDENCE AND THE LOSING PARTY MAY HAVE THE AWARD

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REVIEWED BY A REVIEW PANEL CONSISTING OF THREE (3) ARBITRATORS;

AND

(4) IN THE EVENT THE FOREGOING ARBITRATION REQUIREMENTS DO NOT

APPLY, YOU AND AOA EACH WAIVE, TO THE FULLEST EXTENT ALLOWED BY

LAW, ANY TRIAL BY JURY AND A JUDGE WILL DECIDE ANY AND ALL

DISPUTES.

17. Contact Information

You may notify us by postal mail (Audi Customer Experience Center, 3800 Hamlin Road,

Auburn Hills, MI 48326), phone at 1-877-505-2834, or by electronic means (via the Audi USA

website). Such notices will be considered effective after we receive them.

Any notice we send you will be sent to your last known residence or electronic mail address as

shown on our records. It is your sole responsibility to ensure that we have the most up-to-date

and accurate contact information for you at all times. Any written notice from us will be

considered given when we send it by email to the email address you have provided to us that is

then in our records, or two days after we mail it to you at the most current billing address we

have on file for you. Any oral notices will be considered given when we call you or when you

call us toll-free at 1-877-505-2834, or you speak with a live customer service representative.

Calls with our customer service representatives, emergency personnel, or the police may be

monitored or recorded for quality assurance, issue resolution, maintaining service, training, or

promoting or providing services. Our and our Service Partners’ customer service representatives

may remain on the line while conferencing in a third-party to assist in completing a service

request. You (for yourself and your Vehicle’s occupants and anyone else acting or using the

Service on your behalf): (1) expressly consent to the monitoring and recording activities

described herein, and (2) release us and our Service Partners from claims, liabilities, and losses

resulting in connection with any such monitored and/or recorded communications.

18. Miscellaneous Terms

a) The Laws Governing Our Relationship

To the full extent legally permissible, these Terms of Service and any disputes arising out of or

relating to it or the Equipment or Service will be governed by the laws of the Commonwealth of

Virginia, wherever filed without regard to conflicts of laws principles and subject to arbitration

as set forth above. In the event that the arbitration requirements of this agreement are

inapplicable or unenforceable, any complaint or other legal action concerning these Terms of

Service shall be interpreted under the laws of the Commonwealth of Virginia and shall be subject

to the jurisdiction of the courts of the Commonwealth of Virginia.

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b) Entire Agreement

These Terms of Service (including the Service Plan, Key User Agreement, Privacy Statement

and any other document or policy incorporated by this Agreement) comprise the entire

agreement between you and us. It supersedes all other agreements, communications or

representations, oral or written, between us, past or present. We are not responsible for any

statements, agreements, representations, warranties or covenants, oral or written, including,

without limitation, any statements from third parties, concerning or relating to the Equipment or

the Service provided to you pursuant to these Terms of Service or your Service Plan, unless such

statements, agreements, representations warranties or covenants are expressly contained in or

incorporate by these Terms of Service or your Service Plan.

c) Effect of Termination or Non-Renewal of Terms of Service & Service Plan

Upon termination or expiration of these Terms of Service for any reason, you must immediately

stop using the Services and your authorization to use the Services is automatically and

immediately terminated. All provisions of these Terms of Service which, by their nature, survive

termination or expiration, shall survive termination or expiration of these Terms of Service

including, but not limited to, Section 12 (Disclaimer of Warranties), Section 13 (Limitation of

Liability), Section 14 (Indemnification and Release), and Section 15 (Dispute Resolution).

d) Waiver; Severability

No waiver of any part of these Terms of Service, or of any breach of it, in any one instance will

require us to waive any other instance or breach. If any part of these Terms of Service is declared

invalid or unenforceable, all other parts of these Terms of Service are still valid and enforceable.

e) Relationship Between Parties

Notwithstanding anything else herein, these Terms of Service do not create any fiduciary

relationships between you and us, or between you and any Audi Company or any of our other

Service Partners. These Terms of Service also do not create any relationship of principal and

agent, partnership, or employer and employee between you and us or between you and any Audi

Company or any of our Service Partners.

f) Third-Party Beneficiaries

Without limitation of anything else set forth herein, you have no contractual relationship

whatsoever with any of our Service Partners, including Wireless Service Providers, and these

You are not a third-party beneficiary of any agreement between us and any of our Service

Partners. None of our Service Partners has any legal, equitable, or other liability of any kind to

you under these Terms of Service. You expressly waive any and all claims or demands for such

liability. Our Service Partners are third-party beneficiaries of these Terms of Service.

Last Update: 27 January 2021 Page 20 of 20

g) Assignment

We can assign these Terms of Service, in whole or in part, to any individual or entity we choose,

at any time, without notice to you, in our sole discretion.

h) Export

You agree to comply with all applicable trade regulations and export control laws both domestic

and foreign and to allow any information you provide to be used for the purpose of ensuring

export compliance. The Equipment and the Service, and any underlying information accessed or

transferred by you using the Service may be subject to U.S. export controls, including the Export

Administration Act (50 U.S.C. § 2401, et seq.) and the Export Administration Regulations (50

C.F.R. § 730-774), as well as the import regulations of other countries. You agree not to export

or re-export any such Equipment, software or information to any foreign country. Any

information transferred by you using the Service or the Equipment to any foreign country, entity,

or person must comply with the U.S. Export Administration Act and the Export Administration

Regulations.

i) Intellectual Property

The Services are protected by the United States and international copyright laws and may be

subject to other intellectual property protections, including patent and trademark rights. You

may not (or permit or cause any other party to) reproduce, copy, distribute, modify, make

derivative works from, perform, broadcast, display, transmit, reuse, re-post, use (except as

expressly permitted herein), or claim any right in any aspect of the Services, including the

content, text, images, audio, and video without our express, prior written permission.

j) Trademarks

Any trademarks, logos, and service marks (collectively “Marks”) displayed in connection with

the Services are the registered and/or unregistered trademarks of Volkswagen Group of America,

Inc. or other third parties. Nothing contained in these Terms of Service or the Services should be

construed as granting, by implication, estoppel, or otherwise, any license or right to use or

display any Mark or any variation thereof without the written permission of Volkswagen Group

of America, Inc. or the other owner thereof. Your use of Volkswagen Group of America, Inc.’s

Marks is strictly prohibited.