This Agreement is concluded and signed between you (hereinafter referred to as the "User") and Xpeng Motors (hereinafter referred to as "XPeng" or "We") with regards to the use of the "Xpeng App" (hereinafter referred to as the "App").
1. Important Information
1.1 Before using the App, please carefully read and understand the terms and conditions within this agreement, especially with regards to the exemption or limitation of Xpeng's liability and the limitation of user's rights. If the User does not consent to the Agreement, use of the App's services should be ceased immediately; the use of the App by the User will be deemed as full acceptance of this agreement.
1.2 You must reach the legal age of majority in your area before you can sign the Agreement and use any App-related services. If you are under the age of majority, the consent or signature of your guardian shall be required.
1.3 This Agreement may be modified due to product updates or changes in the implementation environment, and the modified agreement shall be published in the App. If the User has any objections to the modified agreement, please stop accessing and using the App immediately. If the User continues to access or use the App, it will be deemed that the modified agreement has been accepted.
2. XPeng Account
2.1 When the User purchases a vehicle, the authorized dealer shall provide XPeng with the User's personal information (name and mobile phone number), which is used to register an XPeng account and bind the purchased vehicle. The User is required to set their own password which meets the security requirements of the App.
2.2 The XPeng account and password are the only credentials Users have to log in and use the App. Please keep the account and password safe and refrain from providing or sharing this information with any third party.
2.3 XPeng is unable to identify the real user of an account. As such, the User bears full responsibility for all activity under the account and password. If the user discovers that the account or password is abnormal, please inform XPeng immediately.
3. Rules of Behavior
3.1 Users can use the App to set or control certain functions of the vehicle, such as locking and unlocking the doors, opening and closing the windows, setting the AC, searching for the vehicle, and charging management. The specific functions provided in the App shall prevail.
3.3 Users are not allowed to use the App to engage in any activities that may violate laws and regulations, violate social morality, or infringe on the rights and interests of any third party.
3.4 The relevant intellectual property rights of the App software belong to XPeng, including all text, images, video, audio and other elements, as well as relevant service symbols, logos and technical solutions. Users are prohibited from reverse engineering, decompiling, disassembling, or creating derivative works, or engaging in any behavior whatsoever which may endanger the computer software and network security, which includes but is not limited to: attempts to detect, scan and test the weakness of the App or network, attempts to interfere with and harm the normal operations of the App, intentionally spreading malicious programs or viruses, and other behavior that disrupts normal network information service and network security.
4. Statement on Push Messages
4.1 The User agrees that XPeng or its partners shall provide push messages relating to products or services to the User through the following equitable ways:
（1）Announcements through official documents;
（2）System messages, pop-up messages;
（3）Sending emails and SMS based on the contact information provided by users.
If the User does not wish to receive push messages, please contact XPeng.
4.2 Any loss, disclosure of information or other adverse consequences which are a result of the User's failure to protect their account and password or a result of informing or sharing them with others shall be borne by the User, and XPeng shall not be liable for any compensation or redress.
4.3 The User understands that based on the unique nature of the Internet, there may be risks such as changes in government regulatory policies, intrusive viruses, hacker attacks, network failures, server system failures, or other risks which are unforeseeable, unavoidable, and unsolvable ("force majeure"), and which may lead to interruptions in service, a degradation in service efficiency or quality, loss of data, the disclosure of information or other adverse effects as a result. XPeng will make repairs to the full extent of its ability, but will not be liable for any compensation or redress.
5. Application of Law
5.1 The conclusion and signing, performance, interpretation, and dispute settlement of this Agreement shall be governed by the laws of the People's Republic of China, and the application of its conflict of laws provisions shall be explicitly excluded.
5.2 This Agreement is signed in Tianhe District, Guangzhou, China. In the case that any dispute arises between the User and XPeng with regards to this Agreement, both parties agree to submit the dispute for settlement to the people's court possessing jurisdiction in the place where the agreement is signed.
5.3 This agreement is published by XPeng on the App user interface, and is legally binding on XPeng. Once the user clicks the "Agree" and "Accept" buttons, or uses the actual App service, this will be regarded as an acceptance of the Agreement, and this Agreement will be legally binding on the User.
6. Contact Us
6.1 If you have any questions or complaints about our services, you can contact our representative in Norway by email: Zero Emission Mobility AS (E-mail: email@example.com, customer hotline: 41 45 97 97).