This Agreement is concluded and signed between You and Xpeng European Holding B.V., its subsidiaries and affiliates (hereinafter referred to as "XPENG" or "We") with regards to the use of XPENG Website and APP services (hereinafter referred to as the "Services").
1. Important Information
Before using the Services please carefully read and understand the terms and conditions within this Agreement. By checking the box in the digital approval process, you confirm that you agree that a binding agreement has been concluded between you and XPENG for the use of the Services we make available from time to time.
You must reach the legal age of majority in your area before you can sign the Agreement and use the Services. If you are under the age of majority, the consent or signature of your guardian shall be required.
Certain features may only be used when you have an XPENG vehicle in sight or otherwise are assured that you are on a safe environment to use such features and presents no risk of damage to property or persons. XPENG makes no warranty that all features of the Services are suitable, safe, or possible to be used in all places, situations, and circumstances.
XPENG may, from time to time, change and update this Agreement. You will be given notice in suitable form of the amended terms the next time you log in to your XPENG account. The updated version of the Agreement will be published on the Website and APP. You may be required to accept such altered terms before continuing to use such Services.
2. XPENG Account
2.1 You may visit the Website and use the APP without creating or logging in your account. However, you may still need to create an XPENG account in order to access certain features of the Website or App. You must provide accurate and complete information during the registration process. An XPENG account is provided free of charge.
2.2 You are required to set your own password which shall meet the security requirements. The password can be modified by obtaining a verification code via email. The XPENG account and password are the only credentials that you have for logging in and using the Services. Please keep the account and password safe and refrain from providing or sharing the information with any unauthorized third party.
2.3 You may link your mobile number to your XPENG account as ancillary information.
2.4 XPENG is unable to identify the real user behind the account. As such, you agree to bear full responsibility for all activities under your account and password. If you discover anything abnormal to your account or password, please notify XPENG immediately.
3. Rules of Behavior
3.1 You hereby commit and undertake the following:
l You agree to reasonably use the Services and abide by any effective law and regulations. You will not use the Services in the manner that in the contrary to this Agreement or relevant law and regulations.
l You are under the obligation to take good care of your registration information. You must notify XPENG upon the notice of any illegal or unauthorized activities.
3.3 Should you let any other person to log in to your XPENG account, you acknowledge and agree that you are entirely responsible for such use. Any breach by such user under this Agreement and applicable law and regulations will be borne by you.
3.4 You are not allowed to use the Website, APP and XPENG account to engage in any activities that may violate laws and regulations, violate social morality, or infringe the rights and interests of any third party. You are also prohibited from causing damage or in any other way to impair the Services or introducing, in relation to the Services, viruses, “worms”, malware, spyware, “trojan horses” or other malicious code or programs that may cause damage to the operation of the Services.
3.5 The relevant intellectual property rights of the Website and APP belong to XPNEG and/or licensor’s, including all text, images, video, audio and other element, as well as relevant service symbols, logos and technical solutions. You are prohibited from reverse engineering, decompiling, disassembling, or creating derivative works, 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 Website, intentionally spreading malicious programs or viruses, and other behavior that disrupts normal network information service and network security.
3.6 Any loss, disclosure of information or other adverse consequences which are results of the your failure to protect your account and password or results of informing or sharing them with others shall be borne by you, and XPENG shall not be liable for any compensation or redress.
3.7 You understand 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.
4. Remote Control
4.1 You may use the APP to remotely control your vehicle. When operating the remote-control functions, you shall be familiar with such functions and operations to ensure the safety of your vehicle and people in car.
4.2 If you authorize other third-party to remotely control your vehicle, you understand that there might be risks to your property safety.
4.3 You understand that the remote control of in-vehicle cameras shall only be used to observe the surroundings of your vehicle and to ensure the safety of your vehicle. It may not be used for spying on personal data nor be used to illegally process third party’s personally identifiable information (such as images, number plates etc.). Please note it is your sole responsibility to comply with relevant laws and regulations regarding the use of remote control of the cameras.
5. Links to third party resources
The Services may contain links to third-party’s resources, including but not limited to their websites and contents. These links are provided by us only for your convenience and XPENG is not responsible for the content, products, services make available from such links. The inclusion of any link does not imply our endorsement of the resources. Visiting any of such linked website is at your own risk. You acknowledge sole responsibility for, and agree to hold XPENG harmless from your use of any third-party resources.
6. Disclaimer of warranty
6.1 Except otherwise expressed in this Agreement, XPENG will not have liability to you or to any third-party that arises out of, or in relation to provisions of the Services or any dispute, controversy or claim that arises out of, or in relation to your actions and omissions, or the provision of the Services.
6.2 The Services and content are provided “as is” without warranty of any kind, express or implied. Without limiting the foregoing, NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR NON-INFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, IS MADE IN RELATION TO THE AVAILABILITY, ACCURACY, RELIABILITY OR CONTENT OF THE SERVICES. XPENG disclaims all guarantees that the services or content we provide will meet your satisfaction of requirements or be available on an uninterrupted, secure, or fault-free basis.
7. Limitation of liabilities
In no event shall XPENG be liable for any direct, indirect, special, punitive, incidental, exemplary, loss of data or goodwill, consequential damages, or any damages whatsoever, arising out of, or in connection with the Services or the content XPENG provides, whether based on warranty, contract, tort, product liability or any other legal basis. These limitations shall apply notwithstanding any failure of essential purpose of any limited remedy. Because some jurisdictions do not allow the exclusion or limitation of liabilities for consequential or incidental damages, the above limitations may not apply to you.
8. Applicable Law
The Conclusion and signing, performance, interpretation, and dispute settlement of this Agreement shall be governed by the laws of the Netherlands, and the application of its conflict of laws provisions shall be explicitly excluded.
In the case that any dispute arises between the you and XPENG with regards to this Agreement, both parties agree to submit the dispute for settlement to Netherlands Arbitration Institute (“NAI”) for arbitration in accordance with the then-effective arbitration rules in effect at the time applying for arbitration. The language shall be in English. The arbitral award is final and binding upon both parties.
10.1 You may stop using the Services at any time. You may follow the instruction from the Website or APP to terminate your account. Your personal information stored on the Website and APP will be deleted along with the termination of your account based on this Agreement.
10.2 The termination and cease of use of your account does not exempt you from the liability to pay any costs payable by you before (including) the termination date. XPENG and any third party assume no responsibility for the consequence of failure to acquire the Services arising out of the termination of your account.
12. Contact Us
If you have any questions or complaints about the Services, please feel free to contact us by calling the customer hotline: 80017060.