Terms and Conditions of Services for Mercedes-Benz Connect  
Version No. 3.0 adopted as of January 13, 2017  
Congratulations on purchasing or leasing a Mercedes-Benz vehicle (your “Vehicle”). Your  
Vehicle contains equipment (“Equipment”) that is capable of receiving the  
“Mercedes-Benz Connect” personal assistance and safety services (collectively, the  
“Service” or “Services”) depending on the service plan that is included with your Vehicle or  
that you have otherwise selected (the “Service Plan”). The Service is provided to you, the  
Vehicle owner or lessee (“you” or “your”) by Beijing Oriental Telematics Services Company  
(“BOTS”) with support from Verizon Telematics (China) Co., Ltd. (“VZTC”, together with  
BOTS and its Service Partners (as defined in Section 4 below), “we,” “us”, or “our”) through  
our operations center and other facilities operated by us and our Service Partners. The  
Service is described in these Terms and Conditions of Services (the “Terms and  
Conditions”) and on the Mercedes Me Web Site which contains information about each  
specific Service Plan. You may visit the Mercedes Me Web Site, push i-Call button or - call  
400-898-0050, to: (1) find out more about your Service Plan, and (2) learn more about the  
Service, and also, if and when such features become available, (3) register for the Service,  
(4) modify your Service Plan after the Trial Period, as defined below, and (5) manage your  
account.  
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) 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, TO THE EXTENT AVAILABLE) IS SAFE AND LEGAL  
UNDER THE CIRCUMSTANCES.  
Mercedes-Benz (China) Ltd. (“MB China”) and Beijing Benz Automotive Company  
(“BBAC”), and their respective subsidiaries and affiliates, including, without limitation,  
Daimler AG (collectively referred to herein as the “Mercedes-Benz Companies”) shall be  
third-party beneficiaries under these Terms and Conditions and the protections set forth in  
these Terms and Conditions, including without limitation, the disclaimers of warranties and  
limitations of liability set forth in these Terms and Conditions, shall extend to the  
Mercedes-Benz Companies.  
PROVISION OF THE SERVICE IS DEPENDENT ON YOU HAVING AGREED TO THESE  
TERMS AND CONDITIONS. IN ALL INSTANCES YOU MUST AGREE TO THESE  
TERMS AND CONDITIONS TO RECEIVE ANY SERVICE. YOU WILL HAVE AGREED  
TO THESE TERMS AND CONDITIONS BY ANY OF THE FOLLOWING AFTER BUYING  
OR LEASING A NEW (OR USED) VEHICLE THAT INCLUDES MERCEDES-BENZ  
CONNECT: (i) SIGNING UP FOR THE SERVICE AT YOUR DEALER BY  
ELECTRONICALLY OR MANUALLY SIGNING THE SUBSCRIPTION AGREEMENT OR;  
(ii) BY SPEAKING WITH A CUSTOMER SERVICE REPRESENTATIVE AND  
CONFIRMING THAT YOU WISH TO SIGN UP FOR THE SERVICE UPON CONSENT TO  
THESE TERMS AND CONDITIONS OR (iii) ACTUAL USE OF THE SERVICE BY  
YOURSELF OR ANYONE WHO USES OR OCCUPIES YOUR VEHICLE.  
1. The Service  
The Service periods under this Terms and Conditions is composed of two parts: the trial  
Service and the post-trial Service.  
(1) THE TRIAL SERVICE:  
(a) The length of the trial period (the “Trial Period”) depends on the specific  
scenario of you and your Vehicle, and you may find the detailed information at  
Mercedes Me Web Site. Unless otherwise identified in your Service Plan  
if you purchase a Vehicle as an initial owner, your Vehicle’s Trial Period starts  
on the invoice date of such Vehicle as recorded in the Mercedes-Benz  
Dealer Management System and transmitted to us. Your Vehicle’s Trial  
Period shall continue for such a period as is set forth in your Service Plan and  
shall end upon expiration, no matter whether or not or when you activate the  
Services with us. The commencement date and duration of the Trial Period  
and the Services included for the Trial Period may be changed from time to time  
in our sole discretion. Despite the length of your Vehicle’s Trial Period and  
unless otherwise specifically mentioned in your Service Plan or at Mercedes  
Me Web Site, Services only will be actuallyavailable to your Vehicle after  
you consent to receive the Services and be subject to these Terms and  
Conditions and that consent is received by us via the receipt a Subscription  
Agreement signed by you, a call through the i-Call button in the Vehicle or by  
other means that we deem acceptable. There may be a time gap between the  
commencement date of your Vehicle’s Trial Period and the date Services are  
actually activated for you, which may be caused by data collection process,  
documents transfer delay, or for other reasons. Until we have actually  
activated all of the Services, you will not receive all of thebenefits of Trial  
Period.  
During the Trial Period, certain Services that are within the scope of the  
Service Plan which were included with your Vehicle at the time it was  
purchased or leased or delivered, will be provided at no charge to you, except  
that (1) we may charge you for certain services when they become available  
and after you agree to receive such services, and before we have an  
obligation to provide you with any such services, we may require, in our sole  
discretion, that you have prepaid for the services or have a valid payment  
method on file; (2) you are responsible to pay directly to third parties, all  
charges for services furnished by them directly to you that are not expressly  
covered by your Service Plan, including but not limited to the roadside  
assistance under the R-Call service or the ambulance services under the E-call  
service and Automatic Collision Notification service (“ACN Service”) and any  
data-heavy services; and (3) the Services may be eliminated from the Service  
Plan in our discretion. To terminate the Services during a Trial Period, you may  
contact customer service representative at 400-898-0050.  
(b) Before expiration of the Trial Period, we will send you notice for renewal. It is  
your responsibility to keep on file a valid cell phone number so that we can  
contact you with the renewal notice. You also agree that weare permitted to  
send the renewal notice as a wireless message that isdisplayed on the  
head unit of your Vehicle.  
(c) Although we do not charge you for the Service within the scope of the Service  
Plan during the Trial Period, we have determined that our ability to provide the  
Service and maintain its quality may be impaired when customers place  
illegitimate emergency, road side assistance or remote vehicle door unlock  
calls, place or initiate an abnormally high numbers of calls, send or receive  
unusually high numbers of messages, repeatedly place calls of unusually high  
frequency or long duration, or use data channel services at a rate that is  
extremely high relative to typical usage by other customers for similar Service  
Plans (“Excessive Usage”). Such a typical, illegitimate or excessive usage  
suggests that the Service is being used in violation of these Terms and  
Conditions, and such excessive use may, in our sole discretion, result in  
termination or suspension of the Service, if you cannot cure such Excessive  
Usage within 30 days cure period as specified in our notice to you of your  
Excessive Usage.  
(2) THE POST-TRIAL SERVICE  
(a) You can decide, in your sole discretion, whether or not to renew the Service  
upon or after the expiration of the Trial Period. If you decide to renew upon or  
after the expiration of the Trial Period, the Service hereunder will be subject to  
Service Rates.  
(b) Your Service Plan describes the Service features that we will provide to you,  
the applicable charges, if any, for such Service features, and any optional  
features that may be available to you (and the prices therefor) (the “Service  
Rates”). Following the expiration of any Trial Period, you are able to select a  
service renewal package and continue using services offered by the Service  
Provider.  
(c) You can also get the latest information on the Service we offer and the Service  
Rates by calling us at 400-898-0050, or from the Mercedes MeWeb Site. All  
Service Rates are subject to change without prior notice, subject to your  
termination rights set forth therein.  
(d) After receiving any notice of an adverse pricing change (other than the  
addition or an increase of a tax or surcharge), you may cancel your Service  
Plan or agree to the change. If you cancel your Service Plan within thirty (30)  
days of the date of such a notice, we will stop offering the Services. . If you do not  
cancel your Service Plan within thirty (30) days of such a notice, you will be  
deemed to have agreed to the change and it will become part of these Terms  
and Conditions between you and us.  
(e) Furthermore, any Service upgrades, enhancements or updates that you  
request and that we may, in our sole discretion, provide to you upon such  
request, may be subject to additional fees or charges for which you shall be  
fully responsible.  
(f) Excessive Usage of Service, as described in Section 1(1) (c), suggests that the  
Service is being used in violation of these Terms and Conditions, and such  
excessive use may, in our sole discretion, result in additional usage charges  
levied against you (“Excessive Use Charges”). You agree and consent that  
you maintain sole and full responsibility and liability for any Excessive Usage  
Charges incurred against your account, which will be included in invoices and  
payable by you under this Terms and Conditions.  
(g) Taxes and Surcharges  
Service Rates will not include certain taxes and surcharges that may apply to  
the Service. To the extent applicable, as determined by us in our sole  
discretion, in addition to Service Rates, we may charge taxes, surcharges or  
other emergency service fees. Charges may also include a cost recovery  
surcharge. The amount of these surcharges may vary from time to time and by  
area, subject to your termination rights set forth in Section 11(ii). We may not  
provide advance notice of changes to these taxes and surcharges.  
Surcharges are typically assessed to help defray our costs (or the costs of our  
wireless service providers) incurred in complying with 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. The applicable taxes and  
surcharges will be added to your bill.  
(h) Payment Methods and Your Payment Responsibilities  
You are responsible for paying all amounts due by you, if any, on time and in full.  
All charges (including all Service Rates, Excessive Use Charges, taxes and  
surcharges) shall be paid in advance of the initial term (if applicable) and any  
renewal term.  
You expressly consent and authorize us to: (1) verify, either ourselves or  
through third parties, your credit, charge, debit card, or payment method  
information; (2) receive updated account information from the financial  
institution responsible for your credit card, charge card, debit card, or payment  
method; and (3) charge all amounts for which you are responsible to the credit  
card, charge card, debit card, or payment method account number you have  
provided. If we determine you are not likely to pay, we may refuse to extend  
Service to you, terminate the Service and cancel these Terms and Conditions.  
(i) Upon or after the expiration of the Trial Period. You are responsible for  
paying directly to third parties, including emergency service providers, all  
charges for services furnished by them directly to you that are not expressly  
covered by your Service Plan, including but not limited to the roadside assistance  
under the R-call service or the ambulance services under the E-call service and  
Automatic Collision Notification service (“ACN Service”).  
(j) Disputed Charges  
If you think that there has been an error in any charge to you billed by or through  
us, you must notify us 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.  
(k) Our Refund/Credit Policy  
All prepaid charges (including, without limitation, any applicable Service Rates)  
are non-refundable except as otherwise expressly set forth in these Terms and  
Conditions or to the extent required by applicable law. We may in our sole  
discretion give a credit (the amount of which is determined by us in our sole  
discretion) for continuous Service interruption of more than 24 hours on a  
case-by-case basis, if such interruption was reasonably within our control, as  
determined by us in our sole discretion, and if you notify us within seven (7)  
days of the continuous interruption. Any such credit shall, to the maximum  
extent permitted under applicable law, constitute your sole and exclusive  
remedy for such failures, and you waive and release us and our Service  
Partners (including Mercedes-Benz Companies) from any further liability to you  
in connection therewith.  
(3)  
The WIFI AND MULTI MEDIA SERVICE PACKAGES  
The WIFI and Multi-Media Service Package are pre-paid services. You are  
required to complete the payment obligations set forth in this Agreement before  
these Services will be provided. Once payment has been received, the service  
will commence in the following business day. All prepaid charges under these  
packages (including, without limitation, any applicable Service Rates) are  
non-refundable except as otherwise expressly set forth in these Terms and  
Conditions or to the extent required by applicable law.  
2. Registering with Us  
In Trial Period, your Vehicle dealer, with your permission, may register you for the Service on  
your behalf. If they have not, you may register with us by visiting your dealership or  
pressing the i-Call button in your vehicle and speaking with a customer service  
representative and confirming that you wish to sign up for the Service. After the expiration of  
Trial Period, you can complete the service enrollment in public Wechat platform or by  
connecting the customer service representatives. Except as otherwise provided herein,  
until you register, the Mercedes-Benz Connect features, such as remote door unlock or  
stolen vehicle location, will not be activated and your Equipment will not otherwise  
function appropriately or at all, except for certain ACN Services, as described at  
the Mercedes-Benz Connect Web Site. We will need certain satisfactory identification  
information from you before we can complete your registration and provide you with the  
Service. We will create an account for you with the information about you that we have  
received from your Vehicle dealer, the information you provided during i-Call or manufacturer  
(which may include, without limitation, personally identifiable information about you), and  
will provide the Service to you based on this information.  
You may choose to cancel the Service by pushing the i-Call button or calling us at  
400-898-0050, and we may then discontinue the Service at any time.  
3. Binding Agreement  
Your Service Plan, including, without limitation, the Trial Period, the pricing and other  
terms contained in your Service Plan as reflected on the Mercedes Me Web Site, the  
Subscription Agreement, if you signed one, the Services Privacy Policy (as defined  
below) and any other documents that say they are a part of or incorporated into these  
Terms and Conditions are part of these Terms and Conditions. SUBJECT TO YOUR  
TERMINATION RIGHTS SET FORTH IN SECTION 11(II), WE RESERVE THE RIGHT TO  
CHANGE THESE TERMS AND CONDITIONS, INCLUDING PRICING OR SERVICE  
OFFERINGS AND THE TRIAL PERIOD FROM TIME TO TIME, IN WHICH CASE, WHERE  
REQUIRED, WE WILL NOTIFY YOU OF OR SOLICIT YOUR CONSENT TO (WITH  
RESPECT TO PRICING), SUCH CHANGES. CHECK THE MERCEDES ME WEB SITE  
FOR THE MOST UP-TO-DATE PRICING, PRODUCT AND SERVICE DETAILS AND  
TERMS AND CONDITIONS. You are responsible for not only your own compliance with  
these Terms and Conditions, but also for the compliance of all occupants of your Vehicle and  
users of your Service account, whether or not authorized by you.  
In addition to the Service features in your Service Plan, your Vehicle, as manufactured,  
may include certain features at no cost to you, which will (and you acknowledge, agree  
and consent that such features will) provide data regarding your Vehicle, your Vehicle’s  
performance and feature utilization to any Mercedes-Benz Company to enable such  
Mercedes-Benz Company to, among other things, improve their products and services  
(such services, the “Access Services”). You may terminate the Access Services at any  
time by calling us at 400-898-0050. However, please note that if you terminate the Access  
Services, then you will not be able to receive any other Service. Except where otherwise  
expressly specified in these Terms and Conditions (i.e., where different terms apply to the  
Access Services), the Access Services shall be considered part of the “Service” under  
these Terms and Conditions.  
Any use of the Service or the Mercedes Me Web Site is subject to these Terms and  
Conditions (to the extent applicable), as well as the Privacy Policy for the  
Mercedes-Benz Connect Web Site as posted at me.mercedes.cn (“Website Privacy  
Policy”) and the Privacy Policy contained in below in these Terms and Conditions (“Services  
Privacy Policy”).  
4. 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 manufacturers, distributors and dealers,  
equipment and software manufacturers, distributors, licensors, content providers, and any  
other person or entity who provides any service, equipment, content, feature or facilities in  
connection with the Service from time to time. These parties are collectively referred to in  
these Terms and Conditions as our “Service Partners”. In some cases, one or more of the  
Mercedes-Benz Companies may be a Service Partner. In the event any of our Service  
Partners or Mercedes-Benz Companies 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.  
5. Limitations of the Service  
i.)Our Coverage Area  
The Service (or a portion thereof) 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 Partners. Service is currently  
only available in the following provinces or regions in the People’s Republic of China:  
Beijing Municipality, Tianjin Municipality, Shanghai Municipality, Chongqing Municipality,  
Hebei Province, Shanxi Province, Inner Mongolia Autonomous Region, Guangxi Zhuang  
Autonomous Region, Hainan Province, Xinjiang Uygur Autonomous Region, Tibet  
Autonomous Region, Qinghai Province, Yunnan Province, Guizhou Province, Shaanxi  
Province, Gansu Province, Ningxia Hni Autonomous Region, Liaoning Province, Jilin  
Province, Heilongjiang Province, Jiangsu Province, Zhejiang Province, Anhui Province,  
Fujian Province, Jiangxi Province, Shandong Province, Henan Province, Hubei Province,  
Hunan Province, Guangdong Province and Sichuan Province. The Service generally  
works using wireless communication networks of our wireless Service Partners and the  
Global Positioning System ("GPS") satellite network. The Equipment receives GPS  
signals and communicates with our response centers and those of our Service Partners  
through use of wireless and landline communications networks. The location of your  
Vehicle, particularly in remote or enclosed areas, may affect the quality or availability of the  
Service that we can provide to you.  
ii.) Force Majeure Events  
Various conditions beyond our control may prevent or delay us or our Service Partners  
from providing Service to you, or impair the quality of Service you or your Vehicle may  
receive. These conditions include, for example and without limitation, atmospheric,  
geographic, or topographic conditions (such as buildings, hills or tunnels), damage to or  
failure to maintain your Vehicle or the Equipment in good working order and in compliance  
with these Terms and Conditions or government laws, rules or regulations, failure,  
congestion or outages of utility or wireless networks(including interruption of cellular  
service), war, acts of god, natural disaster, inclement weather, labor strikes or other acts,  
forces or causes beyond our and our Service Partners’ control, or we are not allowed to  
provide the Service due to change of any of the applicable laws, rules or regulations. In the  
event of any of therefore going, 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. Further, we and our Service Partners are not responsible for any Service or  
Equipment failures, interruptions, delays or impairments due to these causes, and you are  
not eligible for any Service or Service Rate credit or refund (whole or partial) therefore  
(except to the extent set forth in Section 1(2)(k)).  
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 carrier terminates or restricts wireless services of the type used by your  
Vehicle’s Equipment), 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. If you refuse to bear the Equipment replacement cost, the Service may be  
terminated.  
iii.) Disclaimer of Warranties  
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER WE NOR  
OUR SERVICE PARTNERS NOR ANY OF MERCEDES-BENZ COMPANIES WARRANT  
OR GUARANTEE THAT SERVICE WILL BE AVAILABLE AT ANY SPECIFIC TIME OR AT  
ALL TIMES OR AT OR TO ANY GEOGRAPHIC LOCATION, OR THAT THE SERVICE  
WILL BE PROVIDED WITHOUT INTERRUPTION, DELAY OR ERROR.  
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER WE NOR  
ANY OF OUR SERVICE PARTNERS NOR ANY OF MERCEDES-BENZ COMPANIES  
MAKE ANY WARRANTIES, EXPRESS OR IMPLIED ABOUT (1) THE EQUIPMENT OR  
ANY OTHER HARDWARE OR SOFTWARE USED WITH THE SERVICE, (2) THE  
SERVICE, OR (3) ANY DATA OR INFORMATION OR OTHER SERVICES PROVIDED  
THROUGH THE SERVICE. THIS INCLUDES, WITHOUT LIMITATION, WARRANTIES  
OF 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 AND CONDITIONS. TO THE MAXIMUM EXTENT  
PERMITTED BY APPLICABLE LAW, 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, and is not from us or binding on us, and you must contact the Vehicle maker  
or dealer directly for any questions on such a warranty.  
iv.) The Equipment  
The Service is provided only if your Vehicle is equipped with compatible Equipment in  
good working order. Additionally, your Vehicle must have a working electrical system,  
including adequate battery power, in order for the Equipment and Service to operate and  
function appropriately. The Service may not work if you attempt 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. The receipt of the Service may vary in  
different Vehicles depending on the electrical systems of the Vehicle and the version of  
Equipment or software in the Vehicle.  
We use software in connection with the Service. As between you and us, we (our  
applicable Service Partners or Mercedes-Benz Companies ) own all such software and  
you do not acquire any rights in such software, including any right to use or modify the  
software (other than in the ordinary course of your receipt and use of the Service).  
We may update the software contained in your Vehicle’s systems or the Equipment from  
time to time. We may do this remotely without notifying you first. Your Vehicle’s systems and  
the Equipment also may contain or utilize software that a Mercedes-Benz Company and/or  
our Service Partners may need to update or change from time to time. You agree that we  
may assist them to make such updates or changes that they request remotely without  
advance notice or your consent. These software updates may affect or erase data that you  
have previously stored on the Equipment in your Vehicle (for example, specific route or  
destination information). We and Mercedes-Benz Companies assume no responsibility  
for 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.  
v.) Certain Other Limitations of the Service including Emergency Services and Our  
Need for Your Cooperation  
Our customer service representatives use commercially reasonable efforts to unlock your  
Vehicle doors remotely in the event you are locked out of your Vehicle. However, you will  
need to call us and provide satisfactory identification before we will attempt to do so. You  
agree and consent that we may provide assistance to anyone who provides us with your  
Mercedes-Benz Connect Account (assigned to you upon the activation of your Service Plan)  
or other satisfactory identification of your account, and that we have no responsibility or  
liability for anything that may arise from our provision of assistance to any such individual  
who is not, in fact, authorized by you to use your account. If we are unable to unlock your  
doors remotely, we may at your request contact roadside assistance or emergency service  
providers to help you.  
Our (or our Service Partners’, as applicable) customer service representatives 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 neither we nor our Service Partners nor  
Mercedes-Benz Companies promise, nor can we or our Service Partners or  
Mercedes-Benz Companies guarantee, that any such service providers will respond in a  
timely manner or at all. If you request for emergency assistance or services, these will be at  
your own costs and expenses. We will assume an emergency exists if our or our Service  
Partners’ call center(s) receive(s) a collision notification signal from your Vehicle. In this case,  
emergency personnel and/or services will be sent out and at your expenses, unless the  
applicable laws require an emergency to be confirmed before emergency  
personnel provide service and you or any occupant in your Vehicle expressly rejects so.  
YOU EXPRESSLY AGREE TO BEAR ALL THE EXPENSES IN SUCH A CASE, AND TO  
THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EXPRESSLY RELEASE  
US AND OUR SERVICE PARTNERS (INCLUDING MERCEDES-BENZ COMPANIES)  
FROM ALL LIABILITIES AND LOSSES (INCLUDING PHYSICAL INJURY AND DEATH)  
THAT YOU OR OTHERS MAY SUFFER IN AN EMERGENCY SITUATION.  
Voice recognition software may be used in connection with the Service. This software may  
recognize many voices, accents, speech patterns and words, but neither we nor our  
Service Partners guarantee that such software will recognize all, or that it will work with,  
your voice or speech patterns some or all of the time.  
Further, neither we nor our Service Partners nor the Mercedes-Benz Companies  
guarantee that the route and direction data provided to you through the Service, whether or  
not provided to you by us directly, or through one of our Service Partners, is accurate or  
complete in any instance. Such data may not include, for example, complete, relevant or  
accurate (or any) information about one-way roads, turn restrictions, construction projects,  
seasonal or temporary roads or reflect new information on changes to such roads,  
restrictions or projects. Also, for example, it may suggest using a road that is now closed for  
construction or a turn that is now prohibited by signs at the intersection.  
6. Additional Limitations and Prohibitions on Your Use of the Equipment, Service  
and Website  
You agree not to use the Equipment, the Service, any other service we may offer, or the  
Mercedes Me Web Site, in any way that is illegal, fraudulent or abusive, including to  
harass, threaten, abuse, defame, or slander, any individual or entity. You agree that you  
shall use our emergency and roadside Service only for actual emergencies and legitimate  
roadside assistance and remote vehicle door unlock 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 Partner’s  
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.  
We and our Service Partners (including Mercedes-Benz Companies) provide the Service,  
including the messages, data, information, content, or other material provided as part of  
the Service, for your non-commercial use only, and not for re-sale. Certain information you  
receive through the Service is the property of us or our Service Partners (or other third  
parties, including Mercedes-Benz Companies) and it may be subject to one or more  
copyrights, trademarks, service marks, patents, or other legal protections. You may not (or  
permit or cause any other party to) sell or resell or otherwise use it for commercial  
purposes, nor may you reproduce, copy, modify, make derivative works from or otherwise  
display or distribute it. These uses are expressly prohibited by these Terms and  
Conditions.  
7. Lost or Stolen Vehicles; Sale of Vehicle; Location of Vehicles  
In the unfortunate event that your Vehicle is stolen or may be involved in an unlawful act, we  
and/or our Service Partners can try to help locate it after you provide us with  
satisfactory identification and we have confirmed that the police consider the Vehicle  
stolen or that it may be involved in an unlawful act.  
Except as otherwise set forth herein, we generally only provide location information about  
such vehicles to the police as permitted by applicable laws. However, in cases of crises or  
emergencies, we may, in our sole discretion, elect to provide you with information about  
the general area of your Vehicle without police involvement to the extent permitted by  
applicable laws. Neither we nor our Service Partners have any obligation to continue our  
attempts to locate your Vehicle after thirty (30) days from the time you first report it stolen or  
lost to us, and neither we nor our Service Partners can guarantee that we will be  
successful in finding your Vehicle. Neither we nor our Service Partners are required to try to  
find your Vehicle outside of a Vehicle theft scenario, i.e., for the purpose of locating any  
individual.  
To ensure your safety in the event your Vehicle is recovered, the Service will not be  
intentionally terminated without express instructions from you to terminate the Service in  
such cases. Upon such an instruction to terminate the Service, the Service will be  
terminated.  
To the extent that the Service provides the ability to locate your Vehicle, such as a mobile  
application enabling you to locate your Vehicle, such an application should in no case be  
used by you to locate a stolen vehicle. Such investigations are for law enforcement to  
conduct.  
You must notify us if you sell your Vehicle or end its lease. Please follow the relevant  
instructions at the Mercedes Me Web Site regarding de-registration and/or re-registration  
with us in case you sell your Vehicle or end its lease. If you sell or transfer your Vehicle or  
terminate your lease and fail to notify us, you will remain responsible for all charges for any  
Service incurred in connection with such Vehicle. 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 or other information about the Vehicle or your account to the  
vehicle head unit, cell phone number or email address currently on file with us. We are not  
responsible for any privacy related damages you or your transferee may suffer as a result.  
For the purpose of this Terms and Conditions, “Personal Information” refers to any  
information associated with a subscriber, which independently or when combined with  
other information, is able to identify such subscriber, for example, the name, date of birth,  
identification card number, or address of a subscriber.  
The Equipment in your Vehicle (as well as the Service, including, for the avoidance of  
doubt, the Access Services) may provide us and our Service Partners (including, without  
limitation, the Mercedes-Benz Companies) with the capability of recording, storing, and  
transmitting certain Vehicle data, information and two-way communications (which may  
include, for example, Vehicle location information, as well as other types of Vehicle and  
Subscriber Data, as defined below). You expressly consent to, and provide a release  
allowing, our and our Service Partners’(including, without limitation, the Mercedes-Benz  
Companies’) access, interception, retrieval, use and disclosure of such information, data or  
communications obtained through the Equipment or Service for purposes of facilitating the  
location and/or repossession of your Vehicle, or for other lawful purposes or reasons  
(except that the Personal Information contained therein will only be used for purposes in  
relation to the provision or preparation for provision, improvement or development of the  
Service) You further agree and expressly consent that in conjunction with our and our  
Service Partners’(including, without limitation, the Mercedes-Benz Companies’) efforts to  
locate your Vehicle, we and they may create an electronic or other record of information,  
data or communications obtained through the Equipment and/or the Service as described  
herein. Without limitation of the generality of therefore going, you also consent for us to,  
and provide a release allowing us to, disclose the above-referenced information to the  
Mercedes-Benz Companies and for them in turn to disclose such information to their  
third-party repossession vendor(s) for purposes of lawful vehicle repossession. You  
consent that to the extent permissible by applicable law, the Vehicle and Subscriber Data  
may be accessed abroad by us or our affiliates, Mercedes-Benz Companies and any of our  
other Service Partners for purposes in resolving Service difficulties or improving or  
developing the Services or related Services.  
8. Your Responsibilities for Insuring and Maintaining Your Vehicle and for Other  
Important Matters  
The Service is provided to you as a convenience. However, the Service is no substitute for  
insurance. Neither we nor our Service Partners are an insurance company, nor should you  
consider the Service as insurance or rely on it to limit the potential for loss, theft or  
damage to your Vehicle or property. The payments you make for the Service bear no  
relation to your Vehicle’s value or that of any property you may keep in it, or the cost of  
any injury to or damages suffered by you. You agree that you bear sole responsibility for  
obtaining and maintaining appropriate and lawful insurance covering personal injury, loss of  
property, and other risks covering yourself, those who operate your Vehicle, your  
passengers and anyone else claiming any damages, and release us from any such  
responsibility. No insurance company or insurer will be entitled to any right of subrogation  
against us or our Service Partners.  
It is your responsibility to maintain your Vehicle and its systems (including the Equipment) in  
good working order and in compliance with these Terms and Conditions and all  
applicable laws. You can always press the i-Call button in your Vehicle to confirm that it is  
enrolled. If the button is not lit when the Vehicle is on, this means that your system may not  
be functioning properly or may be inactive, and should be checked by a dealer.  
You have full responsibility and assume all risks related to the use of the Service in your  
Vehicle. Only use the Service when it is safe to do so. Failure to do so may result in an  
accident involving serious injury or death. You are responsible for following all applicable  
laws, rules, and regulations, including requirements of relevant government regulatory  
bodies, applicable to the use of the Service.  
You agree that you will provide us with true and accurate information and will keep that  
information up to date. You are responsible for ensuring that we have your current and valid  
wireless telephone number and/or email address. You can change your telephone number  
and/or email address at any time – see Section 17 for further details.  
You will notify us immediately of any breach of security or unauthorized use of your  
subscription. We will not be liable for any losses resulting from unauthorized access to or  
use of the Service or your subscription and you may be liable to us or other parties due to  
such unauthorized access and/or use.  
9. Your Responsibilities for Those Who Use Your Vehicle or Your  
Mercedes-Benz Connect Account  
Without limitation of anything set forth herein, you are solely responsible for those who  
activate or use the Service in your Vehicle or use your Mercedes-Benz Connect Account,  
including requesting services or to change, modify or terminate your account or the  
Service, even if you later claim the use was not authorized. You will be responsible for any  
damages or other amounts owed to 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 Mercedes-Benz Connect Account or other information that  
can be used to identify your account to request the Service for your Vehicle. You are  
responsible for keeping your Mercedes-Benz Connect Account and any passwords you use  
to access the Service in a safe place and not to share it with anyone. We will make any  
changes to your account or charge you for any amounts authorized by a person who  
provides your Mercedes-Benz Connect Account or other authentication information that can  
be used to access your account.  
10. No Ownership Rights in any Numbers or Addresses  
You have no property right in any number or other address that may be assigned to you or to  
the Equipment in connection with the Service, and you understand and agree that any such  
number can be changed from time to time.  
11. Suspending; Terminating; Changing; Transferring and Reactivating the Service  
Without limitation of any other suspension or termination (or other) rights expressly set  
forth in these Terms and Conditions:  
i.) Suspension of the Service  
We or the Mercedes-Benz Companies can decide to suspend the Service at any time  
for any reason in our discretion, including for network or system maintenance,  
improvement, congestion, or failure or if we suspect your Service (in whole or in part) is  
being used for any unauthorized or inappropriate purpose, or 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 any or all of  
the Service, including the emergency services. In addition, the Service may be  
terminated in case of termination or expiration of the agreement between us and the  
Mercedes-Benz Companies for our providing the Service to you.  
ii.) Termination of Service/Service Plan  
You may cancel the Service at any time by contacting one of our customer service  
representatives and notifying us that you want to cancel Service. Unless your Service Plan  
specifies otherwise or as otherwise expressly set forth in these Terms and Conditions, we will  
not refund any other amounts that you have paid in advance. Such fees are  
non-refundable, to the greatest extent permitted by the applicable laws of the People’s  
Republic of China. In addition, in no event will we refund you (1) for any payment that was  
included in the purchase or lease price of your Vehicle, or (2) for any one-time activation fees  
(if applicable) or transaction-based fees you have incurred.  
Further, we reserve the right to issue a warning and/or to suspend or terminate providing to  
you the Service (in whole or in part), or your access to the Mercedes Me Web Site, at any  
time and for any reason in our sole discretion, including if you breach these Terms and  
Conditions, or any other applicable agreement or policy, or if we suspect your Service or  
Equipment is being used for any unauthorized or inappropriate purpose, even for reasons  
unrelated to you or your account with us, or for any other reason in our sole discretion. If we  
elect to terminate your Service (in whole or in part) as a result of your breach of these Terms  
and Conditions or unauthorized use of the Service or Equipment, you will not be entitled to  
any refunds or credits.  
iii.) Reactivation of Service  
Your Service would turn inactive after the expiration of your Trial Period. During the  
post-Trial Period, your Service could be reactivated after you renewed the telematics  
services with the Service Provider.  
iv.) Transfer of Service  
Regardless whether you are in the Trial Period, if the Services are active in your Vehicle  
when you sell or transfer your Vehicle to a third party (the “Transferee”), you shall notify  
such Transferee of that and of these Terms and Conditions. In addition, please follow  
the relevant instructions at the Mercedes-Benz Connect Web Site regarding the  
de-registration and re-registration with us in case you sell or transfer your Vehicle to the  
Transferee. The Service will not be provided to the Transferee unless the sale or transfer  
and the required information of the Transferee are duly registered with us and the  
Transferee expressly accepts the Subscription Agreement and these Terms and  
Conditions. It is your responsibility to clear all data and content (including any Personal  
Information) that you may have stored on your system before you sell or transfer your  
Vehicle. 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 or  
other information about the Vehicle or your account to the billing or email address  
currently on file with us. We are not responsible for any privacy related damages you or  
your transferee may suffer as a result.  
You have no right to transfer the Service (including the Services during the Trial Period) to  
another Vehicle or to another person without our prior consent even if you have already  
notified us of the sale or transfer of the Vehicle. Even if we consent to such transfer, you  
may not be able to transfer the balance of the period remaining on your Service Plan that you  
have paid for in advance, to the greatest extent permitted by the applicable laws of the  
People’s Republic of China.  
v.) Authority to 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 enroll, cancel, change,  
reactivate, or transfer the Service. We will assume that anyone who provides your  
Personal ID Card Number or other authentication information or supplies your credit,  
charge or debit card number is authorized to act in your behalf (even if such individual, in  
fact, has no such authorization).  
In addition, if we are advised by your financing company or any Mercedes-Benz Company  
that you no longer own or lease your Vehicle, we may terminate your Service.  
12. Collection and Use of Your Vehicle and Subscriber Data  
i.) Collection and Use of the Vehicle and Subscriber Data  
You expressly consent to the following, with respect to any information regarding you or  
your Vehicle (or your use or receipt of Equipment and/or the Service or the repair and  
maintenance of the Vehicle)(which may include, without limitation, diagnostic data from or  
about your Vehicle or your use of the Service, location data, as well as personally  
identifiable information from or about you), which we and/or our Service Partners or the  
Mercedes-Benz Companies obtain or derive through or in connection with your Service  
Plan or in connection with the Equipment, your Vehicle and/or the Service (collectively, the  
“Vehicle and Subscriber Data”). Such Vehicle and Subscriber Date shall include, without  
Limitation:  
(1) your Vehicle's description, location, altitude, direction of travel;  
(2) your Vehicle’s data about its operation (e.g., diagnostic information, oil life  
remaining and odometer reading);  
(3) service data, incidents or accidents in connection with your Vehicle (the direction  
from which your Vehicle was hit and which air bags have deployed);  
(4) calling information of your Vehicle (e.g., the date, time and duration of call;  
information provided to or received from you during the call; any written notes  
taken by customer service representative during a call); and  
(5) all Personal Information provided by you for the purpose of purchasing or leasing  
your Vehicle.  
The Mercedes-Benz Companies shall own the ownership of, and all rights and interests in  
and to the Vehicle and Subscriber Data except for the Personal Information provided by  
you for the purchase or lease of your Vehicle which shall belong to you.  
We, any or all of the Mercedes-Benz Companies and/or our other Service Partners may  
collect, intercept or obtain Vehicle and Subscriber Data from and/or about you and/or your  
Vehicle in a number of ways, including (without limitation): (1) from the information you or  
your Vehicle dealer or manufacturer provide to us or the Mercedes-Benz Companies  
when you buy or lease your Vehicle or register for Service, (2) from your or your Vehicle’s  
receipt or use of the Service or Equipment (as applicable), (3) from your use of the  
Mercedes Me Web Site or any websites of our Service Partners, (4) from you directly,  
through communications between you and us (or our Service Partners) or our (or their, as  
applicable) representatives, (5) from our Service Partners (or, in the case of our Service  
Partners, from us); and (6) from your Vehicle itself through the Equipment in your Vehicle  
and your use of the Equipment or the Service. Without limitation of the generality of the  
foregoing, (i) we, any or all of the Mercedes-Benz Companies and/or other Service Partners  
may intercept any wire, wireless, oral or electronic communications made or transmitted  
through the Service, at any time and for any reason, (ii) we, any or all of the  
Mercedes-Benz Companies and/or other Service Partners may retrieve, access and/or  
use any of the information (including, without limitation, location information) recorded,  
transmitted or otherwise obtained in connection therewith, at any time and for any reason as  
permitted hereunder (except that the Personal Information contained therein will only be  
used for purposes in relation to the provision or preparation for provision, improvement or  
development of the vehicles or the Services) and (iii) you consent to the foregoing and  
expressly release us, the Mercedes-Benz Companies and other Service Partners therefor.  
We, any or all of the Mercedes-Benz Companies and/or our other Service Partners may  
share between and amongst us your Vehicle and Subscriber Data that we or they have  
collected or otherwise obtained, and you expressly acknowledge and consent to such  
sharing. You consent that to the extent permissible by applicable law, the Vehicle and  
Subscriber Data may be accessed abroad by us or our affiliates, Mercedes-Benz  
Companies and any of our other Service Partners for purposes in resolving Service  
difficulties or improving or developing the Services or related Services.  
To comply with appropriate legal process, including any rule, order, subpoena, national  
security letter or other request of any government entity, law enforcement entity or court, we,  
any or all of the Mercedes-Benz Companies and/or any of our other Service Partners may  
disclose to law enforcement authorities or other legal or governmental  
representatives any Vehicle and Subscriber Data, including, without limitation, your name,  
Vehicle location, account history, account information, or other transmission data.  
We, any or all of the Mercedes-Benz Companies and/or our Service Partners also may  
disclose to third parties any Vehicle and Subscriber Data necessary to respond to claims of  
violation of the rights of third parties, or to protect any of our rights and property (as  
applicable).  
Without limiting the foregoing, you further expressly consent (1) to the acquisition and  
sharing of all Vehicle and Subscriber Data by and between BOTS, VZTC and the  
Mercedes-Benz Companies (and with their respective vendors and dealers) freely in  
accordance with the agreements entered into by such parties, (2) to our, the  
Mercedes-Benz Companies’, and our Service Partners’ use of such data to perform and  
provide the Service or for the preparation works for providing such Service (except that the  
Personal Information contained therein will only be used for purposes in relation to the  
provision or preparation for provision, improvement or development of the vehicles or the  
Services), (3) to the Mercedes-Benz Companies’ use of such data for purposes of its  
internal research and improvement and development of vehicles, and (4) to the use of  
such data for purposes of internal research and improvement and development of  
telematics services by BOTS, VZTC and the Mercedes-Benz Companies.  
Because we provide the Service through wireless networks, your communications may be  
intercepted by others. We, the Mercedes-Benz Companies and our Service Partners,  
including, for example, telecommunications carriers and other wireless service carriers,  
cannot and do not guaranty (and we and our Service Partners and the Mercedes-Benz  
Companies expressly disclaim) the security and privacy of wireless transmissions, and we  
and them will not be liable for any lack of security relating to the use of the Service by you or  
your Vehicle. You agree that to the greatest extent permitted by applicable law, you will not  
hold us or any of our Service Partners (or any of the Mercedes-Benz Companies) liable  
for any damages resulting from any loss of privacy or security occurring in connection  
with any communications over such networks.  
You acknowledge and agree that we, the Mercedes-Benz Companies and/or our Service  
Partners (either ourselves or themselves, or through our or their vendors) may record  
and/or, subject to the applicable laws of the People’s Republic of China, monitor  
telephonic conversations between you and our (or their, as applicable) customer service  
representatives, emergency personnel, or the police, as well as your use of any of our (or  
their) automated services, for various purposes, including (without limitation), in order to  
assess, maintain or improve the quality of the Service, for issue resolution, training  
purposes, or to promote and provide the Service. Our customer service representatives (as  
well as those of our Service Partners or the Mercedes-Benz Companies, if applicable) may  
also 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 (and the Mercedes-Benz  
Companies) from claims, liabilities and losses resulting in connection with any such  
monitored and/or recorded conversations as described herein.  
We, the Mercedes-Benz Companies and our other Service Partners strive to handle your  
information in a manner consistent with applicable privacy laws, the Website Privacy  
Policy and the Services Privacy Policy.  
We, the Mercedes-Benz Companies and/or our Service Partners may communicate with  
you, in the name of Mercedes-Benz Connect, MB Connect, 智能互联, any other brand  
name of the Services or any of our names, by providing you with messages through the  
Equipment in your Vehicle or to the billing or email address or other contact information for  
you that we have on file. We, the Mercedes-Benz Companies and/or our Service Partners  
may use your mobile phone number during the term of Services and for a period of seven  
(7) years after termination/expiration of the Services and/or use the Equipment in your  
Vehicle during the lifecycle of the Vehicle to send you SMSes about services, products,  
customer care, specials, promotional and marketing information, which may be related to  
the Service or not. Commercial SMSes (meaning SMSes for the purpose to introduce or  
promote commodities, services or business investment opportunities) sent to your mobile  
phone number or the Equipment in your Vehicle under the preceding sentence with respect  
to the same subject matter will not be circulated to you more than ten (10) times a calendar  
month. If you do not want to receive such SMS, you may opt out according to the instructions  
contained therein or contact a customer service representative at 400-898-0050. Please be  
noted that such opt-out may impact the ability for you to receive any Services related  
messages (e.g. door lock/unlock etc.) and if you encounter such issues, please contact us at  
400-898-0050.  
From time to time, we or the Mercedes-Benz Companies may also use your email  
address to send you information about our services, products, customer care, specials,  
promotions, selected third party products, services or offers relating to our offerings or  
services that we think may be of interest to you, which may be related to the Service or not.  
Each email you receive from us for offers will provide a link to unsubscribe to all future  
email offers from BOTS or VZTC or the Mercedes-Benz Companies. If you do not want to  
receive emails about our offers or products or those of these selected third parties, you can  
also contact a customer service representative. Please note that even if you choose not to  
receive marketing emails from us, you may still hear from us or the Mercedes-Benz  
Companies regarding your Service, your account, your system status and any other  
Service-related issues and order status updates that will allow us to provide you with the  
optimal user experience.  
We or the Mercedes-Benz Companies may also use your name, postal delivery  
information and phone number to contact you for various purposes (including marketing  
purposes). If you do not wish us to contact you by these means, please contact us at  
400-898-0050.  
ii.) Privacy Policy  
The following Mercedes-Benz Connect Services Privacy Policy (“Services Privacy Policy”) governs the  
collection and use of the Vehicle and Subscriber Data:  
(a) Use of Vehicle and Subscriber Data  
(i)  
Except as otherwise provided for in these Terms and Conditions, you agree  
that we, our Service Partner and the Mercedes-Benz Companies may,  
subject to applicable law, use any of Vehicle and Subscriber Data to, but  
without limitation: (1) provide or prepare ourselves for providing Service to  
you or your Vehicle (including, but not limited to, sharing such Vehicle and  
Subscriber Data with roadside assistance providers, emergency service  
providers, or other Service Partners, as needed); (2) communicate with you  
about the Service and your Service account; (3) evaluate and improve the  
Service; (4) enforce this Services Privacy Policy or any other agreement  
entered into between you and us, or between you and our Service Partner;  
(5) comply with laws and regulations, court orders or government authority’s  
requirement; (6) protect your or any other person’s rights, property, or safety; (7)  
offer you new or additional products or services; or (8) perform market  
research. We will not sell, trade, or rent your information to others.  
(ii) Except as otherwise provided for in these Terms and Conditions, you agree  
that we, our Service Partner and the Mercedes-Benz Companies may share  
Vehicle and Subscriber Data with our customer service call centers or our  
Service Partners (including, but not limited to, roadside assistance service  
providers, emergency service dispatchers and providers, and information  
service providers, or others as needed), the telecom carrier for the Service,  
our authorized dealers, any Mercedes-Benz Companies as well as other  
entities required to deliver the Service. We and the Mercedes-Benz  
Companies may also use Vehicle and Subscriber Data for analysis and  
research purposes and will share information as necessary with third parties to  
accomplish those tasks. We may also disclose Vehicle and Subscriber Data to  
individuals designated by you to be contacted in emergencies.  
(iii) Our third-party service provider may use other service providers to provide  
the Service requested by you or your vehicle occupants. Vehicle and  
Subscriber Data necessary to provide any of the Service you request may be  
provided to such third-party service providers and this Services Privacy  
Policy will not govern those providers.  
(iv) A customer service representative of call centers operated by our third-party  
services providers may track the location of your Vehicle, without the  
occupant’s knowledge, in order to assist in recovering the Vehicle, providing  
emergency services or serve other legitimate purposes.  
(v) If you do not notify us of a sale or transfer of your Vehicle, we may continue  
to send reports or other information about the Vehicle or the Service account to  
the billing address currently on file with us. In such case, we are not  
responsible for any privacy related damages you or your transferee may  
suffer.  
(b) We may record, monitor, or track the location information of your Vehicle in the  
event that  
(i)  
you or other occupants in your vehicle request any of Service;  
(ii) the ACN Service is triggered in emergency (e.g., airbag(s) of your vehicle  
deploy(s) due to severe vehicle collision);  
(iii) stolen vehicle location service is available to your Vehicle and you report  
your Vehicle as stolen;  
(iv) automatic alarm notification service is triggered; or  
(v) as otherwise required by laws or regulations or as required by government  
authorities.  
(c) Protection of Vehicle and Subscriber Data  
We have physical, electronic and procedural safeguards in place to protect  
against the loss, misuse, and alteration of Vehicle and Subscriber Data under our  
control.  
(d) Security on the Cellular Telephone Network  
In providing the Service, voice and data are transmitted between the customer  
service call center and your Vehicle over the cellular telephone network. This  
network is complex and not necessarily secure. Therefore, the privacy and  
security of conversations or data transmitted to and from the Vehicle cannot be  
guaranteed.  
(e) We and the Mercedes-Benz Companies will use your Personal Information for  
purposes of the improvement or development of the vehicles or the Service,  
including that we and the Mercedes-Benz Companies may choose to disclose  
your Personal Information to our third-party service providers or our authorized  
agents for such purposes.  
(f) Updates and Inquiries Regarding the Services Privacy Policy  
We may change this Services Privacy Policy at any time in our sole discretion. You  
can access the current Policy at me.mercedes.cn or by calling Mercedes-Benz  
CONNECT at 400-898-0050. Comments or inquiries about our Services  
Privacy Policy should be directed to the Mercedes-Benz CONNECT at  
400-898-0050.  
13. Dispute Resolution  
YOU AND WE AGREE THAT IN THE EVENT OF ANY DISPUTES BETWEEN US, WE  
WILL FIRST TRY TO RESOLVE IT BY TALKING WITH EACH OTHER. IF WE ARE  
UNSUCCESSFUL IN RESOLVING OUR DISPUTES IN THIS MANNER WITHIN A  
REASONABLE TIME PERIOD, YOU AND BOTS AND VZTC EACH AGREE THAT, TO THE  
FULLEST EXTENT PROVIDED BY LAW:  
(1) ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THESE  
TERMS AND CONDITIONS, OR TO ANY PRODUCT, EQUIPMENT OR  
SERVICEPROVIDED UNDER OR IN CONNECTION WITH THESE TERMS AND  
CONDITIONS, WILL BE SETTLED BY CONFIDENTIAL INDEPENDENT ARBITRATION  
INVOLVING A NEUTRAL ARBITRATOR AND ADMINISTERED BY THE CHINA  
INTERNATIONAL ECONOMIC AND TRADE ARBITRATION COMMISSION (“CIETAC”)  
IN BEIJING IN ACCORDANCE WITH THE ARBITRATION RULES OF CIETAC THEN IN  
FORCE, WHICH RULES ARE DEEMED TO BE INCORPORATED BY REFERENCE TO  
THIS CLAUSE. THIS ARBITRATION AWARD SHALL BE FINAL AND BINDING,  
NOT SUBJECT TO ANY APPEAL AND SHALL DEAL WITH THE QUESTION OF COSTS  
OF ARBITRATION AND ALL MATTERS RELATED THERETO, AND THE IMMUNITY  
POWER, IF ANY, IS WAIVED.  
You and we agreed that the arbitration, including the evidence, the argument and the  
outcome, is confidential among the parties. You and we may each tell our lawyers and, if  
necessary, our financial advisors and insurers about the arbitration, if they agree to keep it  
confidential too. You and we can both tell others but only if required by law. Nothing in this  
agreement prevents either of us from filing the arbitration award with a court to enforce  
such award, though you and we agree that the evidence and arguments of the parties  
related to such award will be treated as confidential information subject to court approved  
protective order.  
(2) NO ARBITRATOR HAS AUTHORITY TO AWARD RELIEF IN EXCESS OF WHAT  
THESE TERMS AND CONDITIONS PROVIDE. IN ALL ARBITRATIONS, THE  
ARBITRATOR MUST GIVE EFFECT TO APPLICABLE STATUTES OF LIMITATIONS  
AND WILL DECIDE WHETHER AN ISSUE IS ARBITRABLE OR NOT.  
14. The Laws Governing Our Relationship  
Any complaint, arbitration or other legal action permitted under these Terms and  
Conditions shall be interpreted under the laws of The People’s Republic of China.  
15. Limitation of Liability  
BY ACCEPTING THESE TERMS AND CONDITIONS, WHETHER BY ACTIVATING THE  
SERVICE, MANUALLY OR ELECTRONICALLY EXECUTING THE SUBSCRIPTION  
AGREEMENT 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, MERCEDES-BENZ COMPANIES AND OUR  
SERVICE PARTNERS (AS DESCRIBED HEREIN).  
Neither we, nor any Mercedes-Benz 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  
Mercedes-Benz 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, act of god or natural  
disaster or by any changes in the applicable laws, regulations or rules or by any other  
conditions or circumstances out of our control (as further described above in Section 5(ii) of  
these Terms and Conditions).  
In addition, neither we, any Mercedes-Benz Company nor our Service Partners are liable  
(1) for our inability to contact any service provider 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.  
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IF WE, ANY  
MERCEDES-BENZ 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 MERCEDES-BENZ 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 AND CONDITIONS, 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.  
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU ACKNOWLEDGE  
AND AGREE THAT NEITHER WE, NOR ANY MERCEDES-BENZ COMPANY, NOR ANY  
SERVICE PARTNER WOULD HAVE AGREED TO PROVIDE THE  
SERVICE OR EQUIPMENT TO YOU WITHOUT YOUR AGREEMENT TO THIS  
LIMITATION. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU  
FURTHER ACKNOWLEDGE AND AGREE THAT THE DAMAGES CAP SET FORTH IN  
THIS PARAGRAPH SHALL BE THE SOLE AND EXCLUSIVE LIABILITY OF US, ANY  
MERCEDES-BENZ COMPANY AND OUR SERVICE PARTNERS TO YOU.  
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL  
WE, ANY MERCEDES-BENZ 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 MERCEDES-BENZ 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.  
You understand and agree that the Mercedes-Benz Companies and our other Service  
Partners, including without limitation the wireless carriers, shall have no liability of any kind  
to you in any event, 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, to the greatest extent permitted by applicable law. If any Mercedes-Benz  
Company or any of our other Service Partners is involved in any problem, you also agree, to  
the maximum extent permitted by applicable law, to any limitations of liability that such entity  
imposes on its customers.  
16. Indemnification; Release  
You agree to indemnify and hold harmless BOTS and VZTC, each Mercedes-Benz  
Company and each of our Service Partners, 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 and Conditions or your (or any  
occupant of your Vehicle) misuse or failure to use the Service or Equipment.  
You agree that the limitations of liability and indemnities in these Terms and Conditions 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, TO THE  
MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU FURTHER AGREE TO  
RELEASE US, EACH MERCEDES-BENZ 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 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 MERCEDES-BENZ COMPANY OR ANY OTHER SERVICE PARTNER, OR THE  
MALFUNCTION OF THE EQUIPMENT. TO THE MAXIMUM EXTENT PERMITTED BY  
APPLICABLE LAW, YOU AGREE THAT THIS RELEASE EXTENDS TO ANY PARTY  
CLAIMING UNDER YOU AND THAT NO INSURANCE COMPANY WILL HAVE ANY  
RIGHT OF SUBROGATION.  
17. Contact Information  
You may notify us by postal mail: Room 2607, Block A, Focus Square, No.6 Futong East  
Avenue, Wangjing, Chaoyang District, Beijing, PRC. 100102, phone: 400-898-0050, by  
pressing the i-Call button in your Vehicle and talking to a customer service representative,  
or  
by electronic means (via the Mercedes Me Web Site). Such notices will be considered  
effective after we receive them. In particular, any written notice from you will be  
considered given when we receive it at our address provided in the preceding  
sentence.  
Any notice we send you will be sent to your last known residence, electronic mail address, or  
mobile number (via SMS) 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, by SMS to your mobile number, 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 at 400-898-0050,  
or you speak with a live customer service representative.  
Calls to our customer service representatives may be monitored or recorded for quality  
assurance, and you consent and agree to such monitoring.  
18. Miscellaneous Terms  
i.) Entire Agreement  
These Terms and Conditions (including the Subscription Agreement (if you signed one),  
the Service Plan, the Services Privacy Policy 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 and Conditions or your Service Plan, unless such  
statements, agreements, representations, warranties or covenants are expressly  
contained in these Terms and Conditions or your Service Plan.  
ii.) Effect of Termination or Non-Renewal of Terms and Conditions & Service Plan  
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 and  
Conditions will continue to govern any disputes arising out of or relating to it. These Terms  
and Conditions will also be binding on your heirs and successors and on our successors. In  
addition to any other provisions identified herein as surviving termination or expiration of  
your Service Plan, the following provisions of these Terms and Conditions shall survive the  
termination or expiration of your Service Plan: Sections 4, 5, 6, 7, 9, 10 and 12 through  
18.  
iii.) Waiver; Severability  
No waiver of any part of these Terms and Conditions, 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 and  
Conditions is declared invalid or unenforceable, all other parts of these Terms and  
Conditions are still valid and enforceable.  
iv.) Relationship between Parties  
Notwithstanding anything else herein, these Terms and Conditions do not create any  
fiduciary relationships between you and us, or between you and any Mercedes-Benz  
Company or any of our other Service Partners. These Terms and Conditions also do not  
create any relationship of principal and agent, partnership, or employer and employee  
between you and us or between you and any Mercedes-Benz Company or any of our  
Service Partners.  
v.) Third-Party Beneficiaries  
Without limitation of anything else set forth herein, you have no contractual relationship  
whatsoever with any of our Service Partners, and these Terms and Conditions do not give  
you any rights against any Mercedes-Benz Company or any Service Partner. You are not a  
third party beneficiary of any agreement between us and any of our Service Partners or any  
Mercedes-Benz Company. None of our Service Partners or any Mercedes-Benz  
Company has any legal, equitable, or other liability of any kind to you under these Terms  
and Conditions. You expressly waive any and all claims or demands for such liability. The  
Mercedes-Benz Companies are a third party beneficiary under this Agreement.  
vi.) Assignment  
We can assign these Terms and Conditions, in whole or in part, to any individual or entity we  
choose, at any time, without notice to you, in our sole discretion. You may not assign these  
Terms and Conditions, in whole or in part, to any individual or entity without our prior written  
consent.  
Special attention shall be drawn to the sentences and Sections in bold and capital letters, in  
particular the clauses in the Introduction and in Sections 5, 13, 15 and 16, which are  
clauses that exempting or limiting liabilities of BOTS, VZTC, their Service Partners and the  
Mercedes-Benz Companies or impose additional obligations on you or are significant to  
your rights/obligations..