MINI Connected Services Terms and Conditions

The MINI Connected Services Terms and Conditions hereunder and other documents referred to herein, together form a legal agreement (this “Agreement”) between the subscriber (“you”), MINI (“MINI” refers to BMW China Automotive Trading Ltd.) and Navinfo Co., Ltd., or other contracted telecommunication operators (collectively, the "Telecommunication Operators"), governing the provision of MINI Connected Services to your vehicle (“MINI Connected Services” or “Services”). You hereby accept this Agreement and agree to be bound by the terms and conditions of this Agreement.

Note:

You acknowledge and undertake that you are the vehicle owner or the person legally authorized by the vehicle owner to sign and perform this Agreement, and shall have sufficient civil capacity to sign and perform this Agreement. MINI Connected Services will not be offered to the person with insufficient civil capacity (including but not limited to minors under the age of 18). Where the vehicle owner does not have sufficient civil capacity, you acknowledge and undertake that you are the legal representative of the vehicle owner, have the power to sign and perform this Agreement and will fully respect and protect the legitimate rights and interests of the vehicle owner by signing and performing this Agreement and using the MINI Connected Services. Please be aware that any dispute, controversy or liability arising from failure to meet the above shall be settled and borne by yourself, and MINI or Telecommunication Operators shall have the right to suspend or terminate this Agreement or take other appropriate measures in accordance with the terms and conditions of this Agreement.

1. MINI Connected Services. MINI will provide MINI Connected Services, through the Telecommunication Operators and MINI cooperated third-party service providers (i.e. any other third-party service and products providers involved in the process of providing MINI Connected Services, including providers of certain services that may involve functionality such as map data, weather, traffic and route information and other contents, collectively referred to as “Third-Party Service Providers”) . An overview of the MINI Connected Services is in this Agreement and your owner’s manual. Such overview is intended for reference purpose only and may not or cannot fully cover the latest and complete information of the relevant services. The contents as actually displayed on the vehicle screen and/or relevant applications interface shall always prevail. Subject to mandatory provisions of laws and regulations with due respect to the reasonable protection to the users’ rights and interests, MINI reserves the right to add, change or cancel certain service items in the MINI Connected Services from time to time. MINI may also suspend the MINI Connected Services in accordance with applicable laws and regulations, terms and conditions hereunder, its commercial arrangement or other circumstances as MINI deems reasonable, or may use the MINI Connected Services to locate the vehicle where permitted by applicable laws and regulations and information protection terms. Also, subject to applicable laws and regulations and information protection terms, MINI or Third-Party Service Providers may send you event information and other promotional messages in the process of providing certain MINI Connected Services (e.g. BMW information services, MINI NLU, etc.) from time to time upon your service request or confirmation. If you do not wish to receive such type of information, you have the right to unsubscribe at any time through the corresponding unsubscribe method provided by MINI.

1.1 Details of MINI Connected Services (for reference only, relevant functions and adaptable vehicle models may be adjusted from time to time and should be subject to as-available basis): Vehicles will be equipped with various Connected service packages or on-demand subscriptions depending on the its production year, specification and model. These Connected service packages include:

Base: (1) Basic Connected Service Package; (2) Selected Connected Service Package; and (3) Advanced Connected Service Package. (4) MINI Connected Base (Capable for MINI Operating System 9)

Subscription: (5) MINI Connected Package (Capable for MINI Operating System 9)

  1. Basic Connected Service Package includes the following services: (a) Intelligent emergency rescue service; and (b) Teleservices, etc.

  2. Selected Connected Service Package includes the following services: (a) Intelligent emergency rescue service; (b) Teleservices; (f) remote service; (c) weather information; and (l) online speech processing, etc.

  3. Advanced Connected Service Package includes the following services: (a) Intelligent emergency rescue service; (b) Teleservices; (f) remote service; (c) weather information; (l) online speech processing; (j) real-time traffic information;, etc.

  4. MINI Connected Base (Capable for MINI Operating System 9) includes following services: (a) intelligent emergency rescue service; (b) teleservices; (c) information online - weather information; (d) remote software update; (e) MINI intelligent personal assistant; (f) remote service; (g) connected music; (i) connected navigation service, (t) Login administration, (y*) MINI Digital Key Plus (z*) Festive App ; (u) Remote Control Parking; etc.

  5. MINI Connected Package (Capable for MINI Operating System 9) includes following services: (k) connected parking; (s) Indoor parking map*; (v) video streaming; (w) app store, and (o) Migu gaming, etc.

Due to different vehicle factory configurations or differences in software integration levels, there may be differences for your available functions after activating the MINI Connected Services, please contact 400-800-6699 for more detailed information.

1.2 Overview of Key Service Items:

(a) Intelligent emergency rescue service: If the airbag is ejected or the seat belt tensioner is activated as a result of an incident, the intelligent emergency call system will be initiated automatically. Only for electric and hybrid models, if the sensor in the vehicle detects any abnormality of high-voltage battery, the vehicle will automatically start the abnormal alarm.* Under other circumstances (e.g., if you want to help others on the road), you may also press the SOS button in your vehicle to manually initiate the emergency call system.

(b) Teleservices: including but not limited to (i) roadside assistance service hotline: If you experience a flat tire, run out of gas, or have a vehicle malfunction, or other incidents, you may choose the “Roadside Assistance Service” in the menu to connect with our call center; (ii) MINI information service: to provide services to you in a more caring and considerate manner, from time to time MINI will send you messages about your vehicle, your services or opportunities to participate in MINI events or activities upon your service request or confirmation. If you do not wish to receive such information, you have the right to unsubscribe at any time through the corresponding unsubscribe methods provided by MINI; and (iii) remote service reminder: service needs and vehicle status will be transmitted to MINI and MINI Agent automatically. A MINI Agent will call you thereafter to schedule a service appointment. and (iv) ConnectedDrive store: you may visit the MINI App to renew or purchase MINI Connected Services in order to effect the Services extension or upgrade; and (vi) remote diagnosis: subject to your consent, MINI, MINI Agent and MINI Customer Service Center will perform remote diagnostics to determine the cause of vehicle malfunctions.

(c) Information online – weather information*: you can get weather information.

(d) Remote software update*: you can keep your in-vehicle software updated timely by using the remote software update service without the need to go to the MINI aftersales service network.

(e) MINI intelligent personal assistant*: MINI intelligent personal assistant can recognize your voice request to provide you with services such as checking weather forecast, searching/booking restaurants and vehicles control.

(f) Remote service*: via the MINI App on your smartphone, you may locate your vehicle, remotely lock/unlock your vehicle, flash lights, blow the horn, ventilate your vehicle and perform other remote operations. You can view vehicle status information such as doors/windows and vehicle service.

(g) Connected music*: connected music provides music and audible contents.

(i) Connected navigation service*: connected navigation provides seamless navigation service between in-car and out-of-car, multiple route plans before departure, and voice broadcast service for traffic information at all times during the trip, such as avoiding the closed roads, turning left at the intersection ahead, speed limit reminder, etc.; and a wealth of POI (Point Of Interest) information, etc.

(j) Real-time traffic information*: provides real-time traffic information.

(k) Connected parking*: including nearby parking lots recommendation, mini-map guidance for indoor parking lots, etc.

(l) Online speech processing*: you may use online speech processing system to make requests while driving, such as finding your favorite restaurants, checking weather forecast, or choosing your favorite music, etc.

(m) Map update*: you may keep the map data in your in-vehicle navigation system current via downloading map update wirelessly.

(n) Tencent Mini program *: Tencent Mini program is an open platform of click-to-run vehicle application services provided by Tencent, which is also compatible with WeChat Mini Program. (WeChat Mini Program only available on ID8 models.)

(p) E-drive service* (only available on Electric or Hybrid models): E-drive service includes mileage map and route planning and charging points searching and booking, etc.

(s) Indoor parking map*: you can view the indoor map through the vehicle screen, the parking location and facility information in the parking lot, such as parking spaces, entrances and exits, elevators, washrooms, etc. Users can plan parking spaces in advance according to their own needs.

(t) Login administration*: Via login administration, you can enjoy joint federation of BMW ID and third-party service account to login or logout in your car.

(u) Remote Control Parking: The Remote Control Parking feature allows you to remotely control your vehicle in many parking and maneuvering situations. Please be aware of the pre-conditions of using Remote Control Parking feature: 1) Currently the function is only available for J01 MINI Cooper, J05 MINI Aceman, equip with MINI Operating System 9; 2) Please ensure you have purchased SA322 Comfort Access and have activate MINI Digital Key Plus in your iPhone; 3) Please ensure you have purchased SA5DW Parking Assistant Pro; 4）The function currently only available by some smartphones with UWB technology; the availability of this feature depends on the vehicle configuration and mobile device as well app settings; detail device list please see the official website for additional information. 5) You have downloaded and installed MINI App with latest version in your phone

(v) Video streaming: You can get online video contents.

(w) App store: You can download and use audio, video, kids, games and other kinds of 3rd party apps.

(y*) With the MINI Digital Key Plus, MINI Digital Key Plus needs to be activated before use, and can realize the functions of automatic unlocking and locking of car doors; when you start the vehicle, you do not need to place your iPhone on the wireless charging pad. Please note that MINI Digital Key PLUS only supports some smartphones and smart watches with UWB ultra-wideband technology, and NFC digital key cards do not have the functions of MINI Digital Key PLUS. The availability of this function depends on the vehicle configuration, mobile device and application settings. Please refer to the official website "Device List and User Guide" and "Vehicle availability List". MINI Digital Key PLUS remains valid during the use of your vehicle.

(z*) Festive App: via Festive App, you receive an occasion-related, temporary staging of a festival atmosphere – combining a video animation on the in-vehicle display accompanied by audio and ambient light effects.

(o) Miguplay*: Miguplay cloud gaming platform introduces new in-vehicle entertainment content, offering a rich library of games compatible with both Bluetooth controllers and mobile virtual controllers, enabling instant play with a single tap.

*Services are available on vehicles with specific hardware configuration or reach corresponding software integration level. Relevant services may also differ due to laws and regulations, information protection terms, the activation of your relevant devices' permissions, etc.

2. MINI Free Service Period.

(a) Commencing from the date on which the MINI Connected Services for a vehicle is activated for the first time and for a consecutive three (3) year period, BMW will bear subscription fees for the services included in the relevant ConnectedDrive service package equipped on your vehicle. (b) BMW will bear subscription fees for intelligent emergency rescue service, teleservices (remote diagnosis service is available only for the models with production date since 2018) and remote service (remote service is available only for the models with the factory software integration level after March 2021) for a consecutive ten (10) year period after the first activation of MINI Connected Services.; (c) BMW will bear subscription fees for Digital Standard Equipment for Operating System 9 after the first activation of MINI ConnectedDrive Services. These periods during which BMW bears subscription fees are collectively referred to as “BMW Free Service Period”. Upon the expiration of the MINI Free Service Period, you shall pay applicable subscription fees to the Telecommunication Operators according to the relevant service content, terms of service and fee charge plans then published to renew or purchase ConnectedDrive service packages except the Basic ConnectedDrive Service Package (ex-factory). Please be aware that, the relevant content and terms of MINI Connected Service may be modified or no longer available, and the fee charge plans may also be adjusted. Relevant service contents, terms of service and fee charge plans shall be subject to those applicable at the time. If you do not agree to the service content, terms of service or fee charge plans, you can no longer renew your subscription for MINI Connected Services, in which case you will not be able to continue to use the relevant service.

3. Service Limitations. The MINI Connected Services are provided through an embedded telematics device installed in your vehicle (the “MINI Connected Device”), which receives global positioning satellite signals and communicates with the MINI Customer Service Center via wireless and landline communications networks. The MINI Connected Device is not intended to place or receive personal calls and may only make connections to our service providers requesting for services as permitted under this Agreement. The availability and use of MINI Connected Services are subject to limitations, including but not limited to the following: (a) Services are available only if you have signed this Agreement, completed your real-name registration and MINI has received and processed the Agreement; (b) Services are available only if your vehicle ignition is “on” (except for vehicle locator, remote horn blow, remote light flash and door unlock services), and your vehicle battery is charged and connected; (c) Services are available only within mainland People’s Republic of China; (d) Services are available only when the MINI Connected Device is in the range of a transmission site of the Telecommunication Operators and vehicle's telematics SIM card, and there is sufficient network capacity at that moment; (e) Services may be undermined by landline and wireless communications problems caused by atmospheric or topographical conditions, busy cells, capacity limitations, equipment problems, equipment maintenance, or other factors and conditions; (f) there are places, particularly in remote areas, with no service at all from the Telecommunication Operators or vehicle's telematics SIM card; (g) Services may be affected by inherent limitations of your vehicle’s electrical system and architecture, or if any components of your vehicle’s MINI Connected Device have been damaged or are defective; (h) Services will be unavailable if the navigation service provider of MINI is not working or the signals are obstructed; (i) certain programming limitations of the global positioning satellite system may impair our ability to determine your vehicle’s precise location; (j) Services may be limited to geographic areas where map data and emergency provider information is available in our databases, which may be less than that which is otherwise generally available; (k) Services may be limited based on the information provided from Third-Party Service Providers (e.g. map service is not provided on real-time basis, and news content is limited by the information available to the writer at the time of the news release etc.); and (l) your MINI Connected Device uses digital cellular telephone signals, and if the Telecommunication Operators or vehicle's telematics SIM card terminates or restricts the supporting digital service required by the MINI Connected Device for any reason whatsoever, the MINI Connected Services may not be available, including but not limited to the situations where digital signal service is unavailable due to an upgrade of communication network or where the MINI Connected Device is no longer supported. MINI is not liable for any consequence of the unavailability of the MINI Connected Services under any of these circumstances.

4. Terminating or Transferring MINI Connected Services. You may terminate your MINI Connected Services, by sending written notice to MINI at the address stated in Article 17 below or by notifying the MINI Customer Service Center at 400-800-6699. If you sell your vehicle during the MINI Free Service Period, the transferee of the vehicle may be entitled to the remaining MINI Free Service Period if you immediately notify the MINI Customer Service Center of such sale. The MINI Connected Services will be suspended upon our receipt of your notice and the remaining MINI Free Service Period will be transferred to the MINI Connected Service account of the transferee upon the transferee’s signing of MINI Connected Services Service Terms and Conditions. If you have paid for MINI Connected Services and sell your vehicle or decide to terminate your service, you may apply to the MINI Customer Service Center for a pro rata refund of such subscription fee as have been paid for MINI Connected Services (subject to a deduction of handling fees), which does not include any other refund such as the payment for MINI Connected Device. You may not transfer the payment to a transferee of your vehicle. If you fail to give notice to MINI Customer Service Center as described above, we will continue the provision of MINI Connected Services to you. You shall deal with any dispute arising therefrom and shall bear any losses with respect thereto, if any. In addition, please note that if the real-name registration of your vehicle's telematics SIM card is unlinked from your vehicle, transferred, or becomes invalid or canceled due to untrue or inaccurate registration information, improper use or other reasons, your MINI Connected Services will also be automatically suspended or terminated. In such case, you may separately apply to the MINI Customer Service Center for a pro rata refund of such subscription fee as have been paid for MINI Connected Services, if any (subject to a deduction of handling fees). Nevertheless, this will not result in any changes to MINI Free Service Period.

5. Your Duties. You agree to: (a) duly keep your personal code or key relevant for use of MINI Connected Services; (b) use the Intelligent emergency rescue service and roadside assistance service of the MINI Connected Services only for actual emergencies and roadside assistance needs; (c) follow the instructions for use of the MINI Connected Device and the MINI Connected Services; (d) furnish all contact and other information based on your needs, which should be true, accurate, complete and up-to-date, requested by MINI and notify MINI immediately of any change in the information or in the ownership of your vehicle; if you fail to do so, we may continue to use your information then currently available in our record to deliver MINI Connected Services, and WE ARE NOT LIABLE FOR ANY DAMAGE OR LOSS TO THE PRIVACY OR OTHER INTERESTS THAT YOU AND OTHER THIRD-PARTY MAY SUFFER AS A RESULT OF SUCH FAILURE; (e) properly maintain your vehicle and the MINI Connected Device; (f) not use the MINI Connected Services in violation of any laws or for any unlawful or abusive purpose; (g) not use the MINI Connected Services in any manner unintended by MINI; (h) not use the MINI Connected Services in any manner that might harm MINI or any other person; (i) use any and all information and contents included in the MINI Connected Services only for your own personal use and not resell, retransmit, modify, copy, store, reproduce, distribute, display, publish, perform, transmit, broadcast, or create derivative works from any information and content unless authorized by MINI or other legitimate proprietor; (j) make timely payment of subscription fee after the expiration of the MINI Free Service Period and if you continue to subscribe for the service; and (k) comply with any other reasonable requirements or restrictions requested or imposed by MINI or the Telecommunication Operators, as may be contained in your vehicle’s owner’s manual or displayed at MINI official website, which will be updated from time to time.

6. Subscription Fee. Except for MINI Free Service Period, the subscription fee for your renewal of MINI Connected Services shall be paid upon purchasing. MINI is entitled to adjust the standard of the subscription fee from time to time and will release information relating to the amount of subscription fee, subscribed service period and payment method, etc. via official channels. The subscription fee is refundable as described in Article 4 of this Agreement. After the expiration of the MINI Free Service Period, the MINI Connected Services will be made available to you only after your payment of the subscription fee.

7. Termination or Modification for Excessive Use. If your use of the MINI Connected Services is so excessive that it interferes or could interfere with MINI’s ability to provide timely, high-quality MINI Connected Services to other subscribers, MINI may, at its sole discretion, suspend, modify or terminate the MINI Connected Services provided to you at any time. For the purpose of this Article, “excessive use” is defined as more than 100 voice calls to our MINI Customer Service Center within one month. These rights available to MINI under this Article are in addition to those set out in the Article 9 “Default and Termination” hereof. In the event that there are special and reasonable circumstances which lead to the needs to use MINI Connected Services beyond the aforesaid number of times, please contact 400-800-6699. Depending on the actual circumstances, MINI will consider your needs and may require you to provide the necessary documents to prove your special cases.

8. Responsibility in Emergency Situations. When our MINI Customer Service Center receives an emergency signal from your vehicle, the MINI Customer Service Center will attempt to determine if an emergency exists. If so deemed, the MINI Customer Service Center will attempt to contact you and the appropriate emergency personnel to request assistance and may also attempt to contact your emergency contacts. Restricted by objective conditions such as communications, network, number of seats in MINI Customer Service Center, and individual differences of rescuers, MINI does not guarantee that the MINI Customer Service Center will actually receive an emergency signal or call from your vehicle or that the MINI Customer Service Center will successfully contact the appropriate emergency personnel or your emergency contacts if it does receive an emergency signal or call, or that emergency personnel will respond to the call or locate your vehicle. You are fully aware that the Intelligent emergency rescue service provided under MINI Connected Services should only serve as a convenience and is not intended as a substitute for possible self-help or mitigation measures you may take in the case of any emergency situation. Please do not solely or excessively rely on this service. Except where MINI or MINI Customer Service Center acted intentionally or with gross negligence, neither MINI nor MINI Customer Service Center should be responsible for any failure or delay of emergency personnel in responding to an emergency or for the quality of service they delivered. Nor shall MINI or MINI Customer Service Center be responsible for any damage or loss due to your own failure to take appropriate self-help or mitigation measures. SUBJECT TO MANDATORY PROVISIONS OF LAWS AND REGULATIONS, MINI, THE TELECOMMUNICATION OPERATORS AND MINI CUSTOMER SERVICE CENTER AND ANY OTHER THIRD-PARTY SERVICE PROVIDERS WILL NOT BE LIABLE FOR LIABILITIES AND LOSSES (INCLUDING PHYSICAL INJURY OR DEATH) THAT YOU OR OTHERS MAY SUFFER IN AN EMERGENCY SITUATION, UNLESS THE RELEVANT PARTY HAS ACTED INTENTIONALLY OR WITH GROSS NEGLIGENCE.

9. Default and Termination. If you have violated the terms and conditions of this Agreement and such breach severely affects MINI’s or any other Third-Party Service Provider’s ability to serve its other customers, or may have a material adverse impact on relevant services, MINI and the Telecommunication Operators may suspend or terminate this Agreement immediately. If you commit other breach of contract, MINI may send written and/or electronic notice to you 30 days in advance. If the relevant breach of contract specified in the notice has not been corrected within the 30-day period, this Agreement shall be suspended or terminated at the expiration of the 30-day period. Under such circumstances, MINI and the Telecommunication Operators shall have the right to require you to indemnify any losses and costs (including but not limited to attorneys' fees and other fees) arising from your breach of contract. These rights available to MINI under this Article are in addition to any other rights that MINI may have. IF MINI TERMINATES THIS AGREEMENT UNDER THIS ARTICLE, YOU WILL NOT BE ABLE TO ACCESS MINI CONNECTED SERVICES, AND YOU WILL NOT BE ENTITLED TO A REFUND OR CREDIT.

10. Force Majeure. MINI, the Telecommunication Operators and Third-Party Service Providers will not be liable for the failure to provide you with MINI Connected Services due to any of the following reasons: ANY ACT OR OMISSION OF ANY PUBLIC EMERGENCY AGENCY; TEMPORARY EQUIPMENT FAILURES DUE TO OBJECTIVE FACTORS OR LIMITED SCIENCE AND TECHNOLOGY CAPACITY; DAMAGE TO MINI CUSTOMER SERVICE CENTER, ANY LANDLINE OR WIRELESS COMMUNICATIONS NETWORKS OR THE GLOBAL POSITIONING SATELLITE SYSTEM DUE TO OBJECTIVE FACTORS; ACTS OF NATURE, ACTS OF GOD, PANDEMICS, LABOR STRIKES OR WAR; ACT OF GOVERNMENT OR ANY CHANGE IN LAWS OR REGULATIONS, INCLUDING SITUATIONS WHERE COMMUNICATION SIGNALS ARE INTERRUPTED OR WHERE THE MINI CONNECTED DEVICE IS NO LONGER COMPATIBLE DUE TO A NORMAL UPGRADE OF NETWORK OWING TO THE REASONS OF THE GOVERNMENTS, THE TELECOMMUNICATION OPERATORS OR THIRD-PARTY SERVICE PROVIDERS; OR ANY OTHER ACT OR EVENT THAT IS UNAVOIDABLE, UNPREDICTABLE, INSURMOUNTABLE OR BEYOND THE REASONABLE CONTROL OF MINI, THE TELECOMMUNICATION OPERATORS AND THIRD-PARTY SERVICE PROVIDERS. UNDER ANY OF THESE CIRCUMSTANCES, MINI MAY AT ITS OPTION SUSPEND OR TERMINATE ALL OR SOME OF THE MINI CONNECTED SERVICES OR TERMINATE THIS AGREEMENT WITHOUT ANY LIABILITY IMMEDIATELY. UNDER SUCH CIRCUMSTANCES, YOU UNDERSTAND AND ACCEPT THAT MINI WILL PROVIDE A FAIR AND REASONABLE SOLUTION IN ACCORDANCE WITH THE APPLICABLE LAWS AND REGULATIONS FOR THE REFUND OR CREDIT ON THE PORTION OF THE SERVICES NOT YET PROVIDED.

11. Third Party Beneficiaries. The following parties are considered the intended third-party beneficiaries under this Agreement: affiliates of MINI, affiliates of the Telecommunication Operators, MINI authorized dealers and their affiliates, and Third-Party Service Providers. As the case may be, the disclaimer of warranties, limitations of liability, and other protections in this Agreement extend to these third-party beneficiaries, provided, however, that the relevant beneficiaries shall not be exempted from liability under mandatory laws and regulations. To the extent that any of these third-party beneficiaries impose additional terms and conditions on providing services, and such terms and conditions will result in adverse effect or burden on you, MINI or the relevant third-party beneficiaries will notify you of such additional terms and conditions. By agreeing to the relevant notice in a reasonable manner, you agree to be bound by those additional terms and conditions.

12. Disclaimer of Warranties. In avoidance of any doubt, the obligation of repair, replacement or return or other product liability that apply to the seller or manufacturer in accordance with the applicable laws and regulations only covers household automotive products and their parts and components but does not cover the services provided based on automotive products, including without limitation MINI Connected Services.

UNLESS OTHERWISE PROVIDED BY MANDATORY LAWS AND REGULATIONS, NEITHER MINI, THE TELECOMMUNICATION OPERATORS, NOR THIRD-PARTY SERVICE PROVIDERS MAKES ANY WARRANTY OF ANY FORM WHATSOEVER, EXPRESS OR IMPLIED, REGARDING THE MINI CONNECTED SERVICES (INCLUDING ANY CONTENT OR INFORMATION DELIVERED TO YOU AS PART OF THE SERVICES).

13. Limitations of Liability.

13.1 The MINI Connected Services are provided to you merely as a convenience and are not intended as a substitute for insurance or other conventional rescue sources. The amount of fees for MINI Connected Services are not related to the value of your vehicle or its contents or to the potential cost of any injury or loss suffered by you or anyone else. You should obtain and maintain adequate insurance covering such injuries and losses or actively seeking other conventional rescue sources. UNLESS OTHERWISE PROVIDED BY MANDATORY LAWS AND REGULATIONS, YOU AGREE TO RELEASE MINI, THE TELECOMMUNICATION OPERATORS, THIRD-PARTY SERVICE PROVIDERS, AND ALL OTHER THIRD-PARTY BENEFICIARIES FROM VARIOUS CLAIMS, LIABILITIES AND LOSSES IN CONNECTION WITH THE MINI CONNECTED SERVICES, UNLESS THE RELEVANT PARTY HAS ACTED INTENTIONALLY OR WITH GROSS NEGLIGENCE. YOU FURTHER AGREE THAT, UNLESS OTHERWISE PROVIDED BY MANDATORY LAWS AND REGULATIONS, THIS RELEASE EXTENDS TO ANY PARTY CLAIMING REPLACING OR THROUGH YOU AND THAT NO INSURANCE COMPANY WILL HAVE ANY RIGHT OF SUBROGATION.

13.2 NEITHER MINI, THE TELECOMMUNICATION OPERATORS, THIRD-PARTY SERVICE PROVIDERS NOR ANY THIRD-PARTY BENEFICIARY WILL BE LIABLE TO YOU OR ANY OTHER PARTY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS) IN CONNECTION WITH THE MINI CONNECTED SERVICES OR THE MINI CONNECTED DEVICE, EVEN IF MINI, THE TELECOMMUNICATION OPERATORS, THIRD-PARTY SERVICE PROVIDERS OR OTHER THIRD-PARTY BENEFICIARY ARE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS APPLY TO ALL CLAIMS, INCLUDING WITHOUT LIMITATION, CLAIMS IN CONTRACT AND TORT (SUCH AS NEGLIGENCE, PRODUCT LIABILITY AND STRICT LIABILITY), UNLESS OTHERWISE PROVIDED BY MANDATORY LAWS AND REGULATIONS.

13.3 You agree that MINI Connected Services is designed and provided to you merely for your own personal use. PLEASE NOTE THAT WHEN A THIRD PERSON RIDES OR USES YOUR VEHICLE, THE MINI CONNECTED SERVICE ACTIVATED ON YOUR VEHICLE MAY BE KNOWN OR USED BY A THIRD PERSON, AND YOU AGREE TO TAKE ANY RISK THAT MAY ARISE THEREFROM. YOU AGREE TO ENSURE THAT SUCH THIRD PERSON IS AWARE OF THE REGULATION OF THIS AGREEMENT AND IS TO BE BOUND BY THE SAME TERMS AND CONDITIONS AS SET FORTH IN THIS AGREEMENT. WE ARE NOT LIABLE TO YOUR PERSONAL INFORMATION OR ANY DAMAGE OR LOSS YOU OR OTHERS MAY SUFFER DUE TO THE USE OF MINI CONNECTED SERVICES BY ANY THIRD-PARTY OTHER THAN BY YOURSELF TO THE MAXIMUM EXTENT PERMITTED BY MANDATORY LAWS AND REGULATIONS.

13.4 YOU AGREE THAT MINI WILL NOT BE LIABLE TO ANY DAMAGES OR LOSSES SUFFERED BY YOU OR ANY OTHER PERSON DUE TO THE FAILURE OF COMPLIANCE WITH THE USE INSTRUCTIONS OF MINI CONNECTED DEVICE AND MINI CONNECTED SERVICES (for example, vehicle theft, collision, fire or battery failure or damage occurred due to failure of ensuring the safety conditions of the vehicles when using remote vehicle control service).

14. Dispute Resolution. IF A CONTROVERSY, DISPUTE, OR CLAIM, WHETHER BASED ON CONTRACT, TORT, STATUTE, OR OTHER LEGAL PRINCIPLE ARISING OUT OF THIS AGREEMENT, OR RELATING TO THIS AGREEMENT, ANY BREACH HEREOF, OR ANY TORTUOUS CONDUCT OCCURING, WHETHER BY ACT OR OMISSION, IN THE PERFORMANCE OF OR FAILURE TO PERFORM ANY OBLIGATION HEREUNDER, THE PARTIES SHALL ATTEMPT IN THE FIRST INSTANCE TO RESOLVE THE DISPUTE THROUGH FRIENDLY CONSULTATIONS. IF A DISPUTE COULD NOT BE RESOLVED THROUGH CONSULTATIONS, ANY PARTY MAY SUBMIT THE DISPUTE FOR RESOLUTION TO THE COMPETENT PEOPLE’S COURT AT THE PLACE OF SIGNING OF THIS AGREEMENT, WHICH IS CHAOYANG DISTRICT, BEIJING, CHINA.

15. Data Protection Terms. Please refer to our MINI Connected Personal Information Protection Policies for data protection rules related to MINI Connected Services.

16. Security of Wireless Network. The MINI Connected Services employ wireless telephone networks that use radio channels to transmit voice and data. MINI or the Telecommunication Operators will fulfill the appropriate cyber security protection obligations as required by applicable laws and regulations. HOWEVER, PLEASE UNDERSTAND THAT THE PRIVACY AND SECURITY OF VOICE OR DATA ARE SUBJECT TO RESTRICTIONS IMPOSED BY THE TELECOMMUNICATION OPERATORS, NETWORK OPERATOR AND OBJECTIVE TECHNOLOGY. WE CANNOT PROVIDE GUARANTEE OR WARRANTY IN THIS REGARD. PLEASE DO NOT USE MINI CONNECTED SERVICES TO TRANSMIT INFORMATION OF VITAL IMPORTANCE.

17. General Legal Matters. A waiver of any part of this Agreement in one instance will not be a waiver of any other part or any other instance. All notices must be given in writing. Notices to you will be deemed given if deposited in the post mail, postage prepaid, addressed to you at the last known address as shown in our records. Notices to MINI shall be deemed given when received at the MINI Customer Service Center (Beijing International Post Office 100071-999). You hereby agree that we may assign this Agreement in whole or in part without further notifying you. If any portion of this Agreement is held to be invalid or unenforceable by a court, the balance of the Agreement will continue to be valid and enforceable. This Agreement is governed by the law of People’s Republic of China. This Agreement, including disclaimer of warranties and limitations of liability, will be enforceable against your heirs, successors and assignees. This Agreement and the documents (including contents on the website www.minichina.com.cn and MINI App) to which it refers form the entire agreement between us on these subjects. You cannot rely on any other documents or statements on those subjects. This Agreement is not for the benefit of any third party except as expressly provided above. You cannot assign this Agreement. This Agreement will come into effect from the date on which you sign this Agreement. If any of the terms and conditions herein conflicts with the prohibitive provisions in the prevailing laws and regulations, the latter shall prevail.

I have carefully read the terms and conditions of this Agreement and I hereby agree to all of such terms and conditions. I agree that this Agreement may be signed, delivered and retained in electronic form.