Audi connect Terms of Service
Effective May 2022 (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 Wi-Fi hotspot services are
separate and we are not bound by or responsible for them.
• The Terms of Service for certain Response Provider services are separate, and we are not bound
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.
• We can modify these Terms of Service at any time and such modifications will become effective
upon posting on the Audi of America “AudiUSA” website and either the myAudi mobile
application or the Motion for Audi connect mobile application (whichever applicable), or if we
notify you, then at the time of notification.
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.
TERMS OF SERVICE
These Terms of Service govern your use of the Audi connect services (which vary by model and
model year), including Motion for Audi connect, Connect CARE, Connect PRIME, and Connect
PLUS (the “Service”) available with your Audi vehicle (your “Vehicle”). Certain services or
offerings available through Audi connect that are provided directly by third parties are governed
by separate Terms of Service, for example, for Wi-Fi hotspots, the Terms of Service of your
selected wireless provider will govern, and, for Motion for Audi connect, the Terms of Service
of Audi’s designated service provider(s) will govern certain service(s). Your Vehicle contains
or requires the installation of additional hardware and software (“Equipment”) that enables you
to receive the Service as part of the service plan (“Service Plan”) that is, in some instances,
included for an introductory period with your Vehicle and otherwise available for paid
subscription (“Paid Plan”). Information about the Service and each of the Connect CARE,
Connect PRIME, and Connect PLUS Service Plans is available at
http://www.audiusa.com/technology/intelligence/audi-connect (the “Audi connect website”)
and about the Motion for Audi connect Service Plan is available at
www.motionforaudiconnect.com (the “Motion website”).
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”), emergency response
service providers (“Response Provider(s)”) and content providers (“Content Providers”). Such
Service Providers, Response Provider(s) 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
and 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, the Audi connect website,
and the Motion 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 Privacy Statement is available on the Audi connect website at
https://www.audiusa.com/us/web/en/compliance/privacy.html. 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 Terms of Service and the
protections set forth in these Term of Service, including without 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. Before we provide you with
the Service, we may require that we have a valid credit card on file for you. The terms of your
specific Service Plan, including the pricing if you continue the Service after the introductory period
(if applicable) 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.
Audi connect services will not be enabled until you have installed required Equipment (if
applicable) and you register for the trial or paid subscription service, either at your Audi Dealer or
on your own. However, the services in the Connect CARE Service Plan 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:
• Automatic Crash Notification Services (in the event of an airbag deployment, the AoA
emergency service center will automatically be contacted);
• Manual Emergency Services (provided when you contact us directly, including through the use
of the SOS button in the vehicle, to notify us of an accident or mechanical breakdown and request
emergency services);
• Stolen Vehicle Locator (at your request, we will attempt to locate your vehicle in coordination
with law enforcement authorities);
• Roadside Assistance (you may request the dispatch of a tow service, including through the use
of the Roadside Assistance button (which contains an image of a wrench) in the vehicle); and
• Audi Service Request (you may opt-in to receiving a reminder of when services are due for your
vehicle).
Note: Motion for Audi connect and the Connect CARE Service Plans, while similar, are different
services. Motion for Audi connect services are not active and enabled at time of purchase and do
require installing the required Equipment and registering and paying (if applicable) for the service.
Disabling Connect CARE tracking equipment so that it cannot be used or reactivated
involves signing the Audi Consent Form for the Connect CARE plan and disabling or
removing the equipment from your vehicle at an Audi Dealer and additional costs for which
you will be responsible. If you choose to do this, no Audi connect services will be available.
For additional information contact 1-877-505-2834.
2. Discontinuing Service During the Introductory Period
If your service comes with an introductory period, you may terminate the Audi connect services
during the introductory period, 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, if your
Service Plan includes Connect CARE, the Connect CARE features will remain active and usable.
Disabling all services tracking equipment, including Connect CARE equipment, so that it
cannot be used or reactivated involves disabling or removing the equipment from your
vehicle at an Audi Dealer and additional costs for which you will be responsible. If you choose
to do this, no Audi connect services will be available, including Connect CARE.
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. Any change in prices for your
Service Plan will not take effect until the current term of your Service Plan has expired. We will
notify you of such change by posting of amended terms through the Motion for Audi connect
mobile app and/or the AudiUSA website or Motion website, or as required by law. It is your
responsibility to review these Terms of Service periodically. You can cancel this Agreement 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. 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 features included in the Connect CARE Service Plan if applicable,
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 an account. 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
16 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. Acceptance of the Key
User Agreement, which includes these Terms of Service, ensures that certain Services are available
only to the appropriate vehicle users and requires completion of the Key User registration and
verification process.
5. Service Costs, Taxes and Other Charges, Payment Provisions
a) Introductory Period
Unless otherwise indicated by AoA, the introductory period for your Service Plan, if any, starts on
the date that you activate your Service Plan and continues for the time specified in your Service
Plan. There may be no additional charge to you if an introductory period for a Service Plan is
included with the purchase or lease of your Vehicle. You can learn about the features included in
your Service Plan, additional features that may be available to you, and the prices for Service Plans
and additional features (the “Service Rates”) on either the Audi connect website or Motion website,
whichever applicable, or by calling us at 1-877-505-2834.
b) Renewal After Introductory Period
After any included introductory period ends, the Service, excluding Connect CARE, if applicable,
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. If we have an
acceptable and valid means of payment on file for you and we have obtained appropriate
authorization, your current Service Plan will automatically renew for whatever period is provided
for in the Service Plan to which you agreed, unless you or we cancel or terminate in accordance
with the terms hereof, or unless either of us provides notice to the other of non-renewal at least
fifteen (15) days prior to the end of the current term. Unless otherwise permitted (or required) by
law, rule, or regulation, we will provide you with notice at least thirty (30) days before your current
Service ends, so that you can decide and notify us if you do not want to continue your Service
Plan, or if you want to change it or add additional features to it. To the extent a longer period is
required by law, rule, or regulation, we will provide you with notice within such period.
c) Other Service Charges
You are responsible for paying directly to third parties, including Connect PLUS Service Providers
(such as AT&T and T-Mobile) and in certain circumstances, Response Providers (such as Moj.io),
all charges for services furnished by them directly to you that are not expressly covered by your
Service Plan.
d) Taxes and Surcharges
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.
e) 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; and (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.
f) 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 1-877-505-2834 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. 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 Service without warning, or issue a warning, 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 10(e) of these Terms
of Service; or (v) for reasons unrelated to you or your account with us. If suspension or termination
of the Service occurs for any reason, you acknowledge and agree that you may not be able to access
the Service, including the emergency services. In addition, if we are advised by your financing
company or any Audi Company that you no longer own or lease your vehicle, we may terminate
your Service, excluding services provided by a separate Service Provider and subject to a separate
agreement (see Section 10).
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.
If we elect to terminate your Service (in whole or in part), you will not be entitled to any
refunds or credits regardless of the reason for such termination.
b) Your Right to Cancel the Service/Credits
You may cancel the Service at any time by contacting one of our customer service representatives
at 1-877-505-2834 and notifying us that you want to cancel Service, or by visiting your account
profile on either the myAudi or Motion for Audi connect mobile app, as applicable, 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 have Connect CARE services, you cannot cancel or terminate them.
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. Please visit either the Audi connect Website or the Motion for Audi connect mobile
app (whichever applicable) for more information.
c) 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.
d) Transfer of Service, Sale of Vehicle, Termination of Lease
You cannot transfer the Service to another person or to another Vehicle without our prior consent.
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.
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.
7. 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 Terms of Service.
8. 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.
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 (e.g., properly connected to power or communication resources) 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, the Motion website, 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
or Response Providers, including Motion for Audi connect, 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 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.
9. Terms Applicable to Specific Services or Service Features
a) Locating Your Vehicle if It Is Lost or 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 or our designated Response Provider 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 Service Partners 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 PHYSICAL INJURY AND DEATH) THAT
YOU OR OTHERS MAY INCUR DURING AN EMERGENCY SITUATION,
INCLUDING BUT NOT LIMITED TO, IN THE EVENT OF OUR INABILITY OR
FAILURE TO CONTACT APPROPRIATE EMERGENCY PERSONNEL OR A
SITUATION WHERE THE EMERGENCY OR ROADSIDE ASSISTANCE BUTTON,
ACTIVATION DEVICE, OR SERVICE(S) ARE NOT AVAILABLE.
10. How the Service Works, Our Service Partners, Restrictions and Limitations
a) Our Service Partners
We work with many different affiliated or third-party companies, individuals, and government
entities to provide you with the Service. These Service Partners include, for example and without
limitation, Wireless Service Providers, other telecommunications providers, Response Providers,
public safety operators, other emergency service 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.
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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. Please visit either the Audi connect Website
or the Motion for Audi connect mobile app (whichever applicable) for more information on our
Service Partners or the respective website(s) of our Service Partner(s) for more information on
their respective service offering(s). Please also be aware that we do not control and are not
responsible for the information on the website(s) of a Service Partner(s).
Certain Audi connect services, including certain Connect PLUS or Motion for Audi connect
features, available on vehicles equipped with the Service, will be provided through third-parties,
such as AT&T, T-Mobile, or Verizon for Wi-Fi hotspot services, or Moj.io for certain Response
Provider 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
(available on the Audi connect website). 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 AoA
Privacy Statement at https://www.audiusa.com/us/web/en/compliance/privacy.html for a list of
Content Providers and contact details. There may be different or additional Content Providers
provided under the Motion for Audi connect service than those listed in the AoA Privacy
Statement.
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
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, may 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.
e) Events Beyond Our Control
Various conditions beyond our control may prevent or delay us from providing Service to you or
affect or limit 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 or interference from multiple connected mobile devices), 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 and services (e.g., if our
Wireless Service Provider terminates or restricts wireless services of the type used by your
Vehicle’s Equipment), it may be necessary to replace Equipment for you to continue to receive
Services. Unless otherwise specifically noted by us, you are solely responsible for replacing, as
well as the cost of replacing, any Equipment that is necessitated as a result of such change or
discontinuation, except that if such change occurs during your Vehicle’s base warranty period,
while you will still be responsible for the cost of such replacement, we will be responsible for
obtaining and providing you with the necessary replacement materials (if applicable).
11. 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 through https://www.audiusa.com/us/web/en/compliance/privacy.html, which is
incorporated herein by reference.
12. 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.
13. 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 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 TERMS
OF SERVICE, FRAUD, MISREPRESENTATION, BREACH OF CONTRACT,
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 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.
14. 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.
15. 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
TERMS OF SERVICE, OR TO ANY PRODUCT OR SERVICE PROVIDED UNDER OR
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
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.
16. Contact Information
You may use the following information to notify us of questions about or changes you wish to
make to your account. Unless otherwise directed by AoA, please contact 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 AudiUSA or Audi Connect website). Such notices will be
considered effective after we receive them and any changes you make shall be effective after being
made by you (or by us following your request).
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.
17. 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.
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) is 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.
Even after your Service Plan has ended and unless it has been replaced by a new agreement
expressly entered into by and between us, the provisions of these Terms of Service will continue
to govern any disputes arising out of or relating to it. These Terms of Service will also be binding
on your heirs and successors and on our successors. 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; 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 and unless you enter into a direct contractual
arrangement with a particular Service Partner, you have no contractual relationship whatsoever
with any of our Service Partners, including Wireless Service Providers or Response Providers, and
these Terms of Service do not give you any rights against any Audi Company or any Service
Partner. 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.
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.
g) 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.
h) 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.