6. myAudi Marketplace
As part of the Service, AoA operates an online marketplace (“myAudi Marketplace”) where owners or lessees of certain Vehicles can acquire various digital, tangible, and customer product or service offerings from AoA (including certain Paid Plans) or certain Service Partners, including some that can customize your Audi Vehicle with digital designs, ambient interior lighting, and/or sounds (“Audi Themes”). The myAudi Marketplace is accessible (i) through the myAudi app (“App”) for supported devices and software (i.e., running compatible versions of the Android and iOS (or other designated) operating systems) and (ii) on the Website. If any provision of this Section conflicts with any other AoA terms, the provisions of this Section will prevail with respect to the myAudi Marketplace.
b. Technical Requirements: myAudi Account, Connect Equipment, License, and PSP
To use the myAudi Marketplace and acquire or obtain certain product or service offerings for your Vehicle (such as Audi Themes), you must: (a) create a myAudi account (see above); (b) have a compatible vehicle with the applicable Equipment; (c) have adequate Internet service to access and connect to the App or Website; and (d) abide by such other requirements as AoA may designate through the myAudi Marketplace (or otherwise) from time to time. Please note that you may not be able to transfer certain of your digital products (such as an Audi Theme(s)) from your Vehicle to another Vehicle, regardless of whether you own such other Vehicle. If your Vehicle is later sold or otherwise transferred to a third party, digital products (such as a Theme(s)) purchased for your Vehicle will remain available in such transferred vehicle and may be accessed by the third party unless deleted.
c. Audi Themes.
Certain Audi Themes can be supported by coordinated lighting effects from the ambient lighting installed in your Vehicle if the vehicle has the appropriate Equipment. The purchase of the Equipment required for the ambient lighting is not a part of the sale of Audi Themes. Please consult your local dealership for more information about the capabilities of your Vehicle and its available Equipment for utilizing Audi Theme functionality.
All Audi Themes acquired for your Vehicle will be available for display by the Vehicle owner, lessee, or driver. Only one Audi Theme can be displayed at a time, but previously acquired Audi Themes remain available for download. You can also delete Audi Themes, including deletion by a reset of your Vehicle to its default factory setting(s), from the Equipment storage for your Vehicle. The deleted Audi Themes can be re-uploaded into your Vehicle from your myAudi account from the myAudi App. In the case that you wish to permanently delete an Audi Theme (including those saved online), you can contact Audi customer service.
d. Third-Party myAudi Marketplace Service Partners
In addition to certain Paid Plan offerings, AoA operates and maintains the myAudi Marketplace and provides the opportunity for certain Service Partners to sell or license their various digital, tangible, and customer product or service offerings to you for use in or in connection with your Vehicle. These Service Partners submit their offerings along with their associated pricing, terms, and conditions for distribution through the myAudi Marketplace. Service Partners are responsible for submission of their offering(s) and for their own terms and conditions and the pricing information for their respective offering(s). This responsibility includes any modification(s) to or the removal of an offering(s) from the myAudi Marketplace. Unless otherwise indicated, AoA (or any Audi Company) is not responsible for and does not endorse any digital, tangible, and customer product or service offering(s) made available through the myAudi Marketplace. Further, AoA (or any Audi Company) is not an agent or representative of any Service Partner offering digital, tangible, and customer product or service offerings through the myAudi Marketplace.
Nevertheless, if any displayed digital, tangible, or customer product or service offerings breach the myAudi Marketplace guidelines applicable to Service Partners (e.g., bans on content that is pornographic, glorifies violence, is offensive or racist, or violates the intellectual property rights of a third party) or applicable laws, AoA reserves the right to remove, in its sole discretion, any such digital, tangible, and customer product or service offerings from the myAudi Marketplace.
e. Access to the myAudi Marketplace and Display
AoA will use reasonable efforts to operate and maintain the myAudi Marketplace. The digital, tangible, and customer product or service offerings displayed on the myAudi Marketplace may be adjustable based on identified user preferences, placement(s) by Service Partners, and user-performed searches (e.g., keyword, genre, price, etc.).
f. myAudi Marketplace Purchasing
Digital, tangible, and customer product or service offerings can be purchased or licensed directly through the myAudi Marketplace. Acquiring a Paid Plan is subject to the terms and conditions set forth above, and available product and service offerings from the myAudi Marketplace may have specified run times, including but not limited to on a monthly, annual, or lifetime basis. When you purchase or license another digital, tangible, and customer product or service offering on/using the myAudi Marketplace, you may be required to agree to separate terms and conditions with the applicable Service Partner. These separate terms and conditions will be between you and the applicable Service Partner and shall apply in addition to these Terms of Service with AoA. Additional AoA terms or notices may apply to order submission, payment, and receipt of a digital, tangible, and customer product or service offering as specified through the myAudi Marketplace. Unless otherwise specified through the myAudi Marketplace, order submission will be through the myAudi Marketplace, and agreement to any additional terms and your right to use digital, tangible, and customer product or service offerings will be accepted upon order completion as confirmed by an electronic or other communication from AoA.
Once your order has been confirmed and your payment received, you can enable (or confirm delivery of) your acquired digital, tangible, and customer product or service offering either directly from your Vehicle or through your myAudi account (provided that a sufficient internet connection exists).
g. myAudi Marketplace Pricing
Pricing and availability of all digital, tangible, and customer product or service offerings displayed through the myAudi Marketplace are subject to change at any time prior to your purchase.
h. myAudi Marketplace Sales
Unless otherwise expressly stated by AoA or the Content Provider’s applicable terms, all sales are final, and no returns, replacements, or refunds are permitted. If a replacement, return, or refund is granted for any transaction, the transaction may be reversed, and you may no longer be able to access the digital, tangible, or customer product or service offering that you acquired through that transaction.
i. myAudi Marketplace Payment Terms
i. Paid Service Plan Payment Terms.
Acquiring a Paid Plan is subject to the payment terms and conditions set forth above.
ii. Payment Terms for Other myAudi Marketplace Products and Services.
For available products or services (e.g., Audi Themes) that may be acquired from the myAudi Marketplace (whether from AoA or a third party), the myAudi Marketplace shall set forth terms for payment. You may be requested or required to provide payment card or other financial account information to be stored in your myAudi account. Such purchases may include, without limitation, one-time or recurring purchases from the myAudi website, myAudi Marketplace, or myAudi mobile app and electric vehicle charging from Audi on Electrify America’s or another provider’s charging network, where available. When you provide a payment method for your myAudi account, you allow and authorize AoA to store, maintain, and recover funds from your specified payment method in accordance with these Payment Terms. Your payment method may be used by AoA to pay for any fees, charges, surcharges, or applicable taxes for your purchase from AoA or your use of an AoA product or service. You are also responsible for any access or data fees incurred from third parties (such as your Internet provider or mobile service operator) in connection with your use and viewing of Audi Themes on or through the myAudi Marketplace.
Your failure to maintain at least one valid payment method in your myAudi account may disrupt your ability to make purchases or access certain paid services that we offer. For accounts with more than one payment method, you must designate one as your “Preferred Payment Method.” If the Preferred Payment Method is invalid, expired, or otherwise cannot be charged, you consent and authorize us to charge any alternative payment method(s) in your myAudi account. You agree that if we are unable to collect payment on any purchase or a good or service, we may reserve the right to discontinue or terminate service without advanced notice.
The payment and invoicing may be managed and processed by a third-party payment service provider (“PSP”). The PSP, working with AoA, may require acceptance of additional terms or direct registration with the PSP. However, you can manage your payment information (e.g., billing address) through the myAudi Marketplace (e.g., during the payment process) and your myAudi account. While AoA may add or remove payment processing methods in its sole discretion, you are solely responsible for the transactions you initiate, any orders you place through the myAudi Marketplace, and the amounts payable.
We may receive updated credit card information (new credit card number or updated expiration date) from your credit card issuer. The disbursement of the updated credit card information is provided to us at the election of your credit card issuer. We are not responsible for the distribution of your updated credit card information. Your credit card issuer may give you the right to opt out of the update service. It is your responsibility to contact your credit card issuer with regards to your right to opt out of the update service.