Last modified: May 19, 2021
Introduction, Scope and Applicability
XOS, Inc., including its subsidiaries and other affiliated companies (“XOS,” “we,” “our,” or “us”) respects your privacy, and we are committed to protecting it through our compliance with this policy.
This Policy applies to information we collect:
- on our Digital Services;
- by telephone, email, text, and other electronic messages between you and us;
- when you interact with our advertising and applications on third party websites and services, if those applications or advertising include links to this Policy;
- from your XOS vehicle;
- through our vehicle telematics platform.
It does not apply to information collected by:
- us offline or through any other means apart from or outside of our Digital Services other than as expressly set forth above; and
- any third party, including through any application or content (including advertising) that may link to or be accessible from or on the Digital Services, except through our telematics platform partner.
Children Under the Age of 16
Our Digital Services are not intended for children under 16 years of age. No one under age 16 may provide any information to or through the Digital Services. We do not knowingly collect Personal Data from children under 16. If you are under 16, do not use or provide any information on our Digital Services through any of their features, including your name, address, telephone number, email address, or any screen name or username you may use. If we learn we have collected or received Personal Data from a child under 16 without verification of parental consent, we will delete that information. If you believe we might have any information from a child under 16, please contact us at email@example.com or 855.909.4407.
Information We Collect About You and How We Collect It
We may collect several types of information from and about users of our Digital Services (collectively, “Personal Data”):
- by which you may be personally identified, such as name, address, e-mail address, telephone numbers, images and video of you, credit or debit card number, bank or financial account number (for payment purposes only), company name, state of operation, fleet size, and type of vehicle (step van, box truck, etc.);
- that is about you but individually does not or may not identify you, such as traffic data, logs, referring/exit pages, date and time of your visit to our Digital Services, error information, clickstream data, and other communication data and the resources that you access and use on the Digital Services; or
- about your Internet connection, the equipment you use to access our Digital Services and usage details, such as traffic data, logs, referring/exit pages, date and time of your visit to our Digital Services, error information, clickstream data, and other communication data and the resources that you access and use on the Digital Services.
Please refer to Information You Provide to Us and Information We Collect Through Automatic Data Technologies, below for additional information and details about the types and categories of information we collect. We collect this information from various sources and in various manners:
- directly from you when you provide it to us;
- automatically as you use our Digital Services. Information collected automatically may include usage details, IP addresses, your Internet activity while on our Site and others (e.g., pages viewed, clicks, scrolling and mouse-overs) and other information collected through cookies, pixels, web beacons, session replay software and other tracking technologies; and Information about your computer and Internet connection, i.e. your IP address, unique device identifier, unique advertising identifier, operating system, and browser type. From third parties, for example, our business partners; and
- through our vehicle telematics platform and any sensors either in XOS vehicles, or applied to operators of an XOS vehicle.
Please refer to Information You Provide to Us and Information We Collect Through Automatic Data Technologies, below for additional information and details about when and how we collect information.
Information You Provide to Us
The information we collect on or through our Digital Services is:
- Personal data such as the data identified above;
- Information that you provide by filling in forms on or when you use our Digital Services. This includes information provided at the time of registering to use our Digital Services, posting material, purchasing products, or requesting further services. We may also ask you for information when you report a question regarding or problem with our Digital Services;
- Records and copies of your communications and correspondence (including email addresses), if you contact us or otherwise communicate with us;
- Your responses to surveys that we might ask you to complete for research, development and marketing purposes; and
- Details of transactions you carry out through our Digital Services. You may be required to provide financial information before placing an order through our Digital Services.
Information We Collect Through Automatic Data Collection Technologies
As you navigate through and interact with our Digital Services, we may use automatic data collection technologies to collect certain information about you and your vehicle, equipment, browsing actions, and patterns, specifically:
- Usage Details. Details of your visits to our Digital Services, such as traffic data, location, logs, referring/exit pages, date and time of your visit to our Digital Services, error information, clickstream data, and other communication data and the resources that you access and use on the Digital Services.
- Device Information. Information about your computer, vehicle telematics equipment, mobile device, and Internet connection, including your IP address, operating system, browser type, and browser version information.
- Driver Monitoring System. Information about drivers of XOS vehicles, including things such as facial movements, vehicle operations, driving habits, and activities within the vehicle.
- Location Data. Information about your location and the location of the XOS vehicle.
- Vehicle Telematics Data. Information regarding the performance, usage, operation, and condition of your XOS vehicle, including: vehicle identification number; speed information; odometer readings; battery use management information; battery charging history; electrical system functions; software version information; infotainment system data; safety-related data and camera images; information regarding the vehicle’s supplemental restraint system (SRS) system (air-bag system), braking and acceleration, security, e-brake, and accidents); short video clips of accidents; information regarding the use and operation of certain XOS features; and other data to assist in identifying issues and analyzing the performance of the vehicle. We may collect such information either in person (such as during a service appointment) or via remote access.
- Remote Analysis Data. We may be able to dynamically connect to your XOS vehicle to diagnose and resolve issues with it, and this process may result in access to personal settings in the vehicle (such as contacts, browsing history, and navigation history). This dynamic connection also enables us to view the current location of your vehicle.
- Safety Analysis Data. In order to help improve our products and services, we may collect and store other vehicle data, including: data about accidents or near accident-like circumstances involving your XOS vehicle (e.g., air bag deployment, camera sensor data and images, and other recent sensor data); data about remote services (e.g., remote lock/unlock, start/stop charge, and honk-the-horn commands); a data report to confirm that your vehicle is online together with information about the current software version and certain telematics data; vehicle connectivity information; data about any issues that could materially impair operation of your vehicle; data about any safety-critical issues; and data about each software and firmware update. We may collect such information either in person (such as during a service appointment) or via remote access.
- Service History. In order to facilitate the servicing of your car, we may collect and process data about the service history of each XOS vehicle, such as the customer’s name, vehicle identification number, repair history, any outstanding recalls, any bills due, any customer complaints, and any other information related to its service history.
- Charging Information. We may collect information regarding the charge rate and charging stations used by you (including use of superchargers and/or public or private DC LC chargers, as well as home or commercial outlets) in order to, for example, analyze which charging stations are being utilized, how long and efficient battery charges are, where additional charging stations are needed, and in some jurisdictions, may participate in government fuel standard programs.
The information we collect automatically may include Personal Data or we may maintain it or associate it with Personal Data we collect in other ways or receive from third parties. This helps us to improve our Digital Services and to deliver a better and more personalized service by enabling us to:
- estimate our audience size and usage patterns;
- improve our product and services offering;
- store information about your preferences, allowing us to customize our Digital Services according to your individual interests; and
- recognize you when you return to our Digital Services.
The technologies we use for this automatic data collection may include:
- Pixels and Web Beacons. Pages on our Digital Services, or our e-mails, may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags and single-pixel gifs) that permit us, for example, to count users who have visited those pages or opened an e-mail and for other related Digital Services statistics (for example, recording the popularity of certain Digital Services content and verifying system and server integrity).
- Website Analytics. We use web analytics tools and services provided by third party service provider, such as Google, to collect certain information relating to your use of the Digital Services. These tools and services cookies, which are text files placed on your computer, to help the Digital Services analyze how users use the site. For examples and additional information you can review “How Google uses data when you use our partners’ sites or apps”, (located at www.google.com/policies/privacy/partners/). As described more fully elsewhere in this Policy, we may also use marketing and advertising services from third party social media providers and ad networks, such as Facebook, Instagram, Google and other advertising networks to provide you with targeted or interest-based advertising based on your online activity.
How We Use Your Information
- provide our Digital Services to you;
- provide products and services to you;
- provide you with information you request from us;
- enforce our rights arising from contracts;
- notify you about changes; and
- provide you with notices about your account.
We use information that we collect about you or that you provide to us, including any Personal Data:
- to present our Digital Services and related content to you;
- to provide our products and services to you;
- to provide you with information, products, or services that you request from us or that may be of interest to you;
- to process, fulfill, support, and administer transactions and orders for products and services ordered by you;
- to provide you with notices about your XOS account;
- to contact you in response to a request;
- to administer quizzes and surveys;
- to fulfill any other purpose for which you provide it;
- to carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection;
- to notify you about changes to our Digital Services, or any products or services we offer or provide though them;
- We may use your information, including vehicle identification number or other product serial number, to verify identity, assist with your request, and to determine appropriate services. For example, we may use the vehicle identification number to determine which product you may need assistance with;
- except as described above and below, XOS may use or share non-personally identifiable information for any purpose, such as for operational or research purposes, for industry analysis, to improve or modify our products and services, to better tailor our products and services to your needs, and where legally required;
- to analyze and improve the safety and security of our products and services;
- for our business purposes, such as data analysis, audits, fraud monitoring and prevention, identifying usage trends, determining the effectiveness of our promotional campaigns, and operating and expanding our business activities;
- to monitor your XOS vehicle’s performance and provide services to your product;
- to advise you of important safety-related information about your XOS vehicle or to notify first responders in the event of an accident;
- from time to time, we may send administrative information to you, such as information regarding our products and services, and changes to our terms, conditions, and policies;
- in any other way we may describe when you provide the information; and
- for any other purpose with your consent.
We may also use your information to contact you about goods and services that may be of interest to you, including through newsletters. If you wish to opt-out of receiving such communications, you may do so at any time by clicking unsubscribe at the bottom of these communications. For more information, see Choices About How We Use and Disclose Your Information.
We may de-identify your Personal Data so that it no longer reasonably identifies you. In this case, we may use this de-identified data without restriction and for any purpose, including to improve our Digital Services, products and services.
Disclosure of Your Information
- our affiliates and third-party service providers that we use to support our business;
- to a company we merge, acquire, or that buys us, or in the event of change in structure of our company of any form;
- to comply with our legal obligations;
- to affiliates and third parties for their own commercial purposes;
- to enforce our rights; and
- to other parties with your consent.
- To affiliates, contractors, service providers, and other third parties we use to support our business. The services provided by these organizations include providing IT and infrastructure support services, advertising, marketing, and payment processing services. Advertising and marketing partners such as Facebook, Instagram, Google and other advertising networks may receive and use your Personal Data to assist us with our advertising and marketing efforts.
- To repair estimate providers and any insurance company to enable XOS or third-party service center or providers to perform services on your vehicle such as repair or maintenance. When you request XOS to perform certain services, we share limited information about you and the vehicle with these parties to help provide you with an accurate repair estimate and to facilitate payment. Repair estimate providers may use this information in the aggregate to create and publish industry analytics;
- To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Data held by XOS about our Digital Services users are among the assets transferred;
- To other third-party business partners to the extent that they are involved in the purchase, lease, or service of your XOS products. We share limited information from or about you or your XOS products to allow you to take advantage of those services if you elect to utilize them, with such partners as finance institutions, leasing, registration, title companies, electric utilities, permitting authorities and insurance companies;
- To fulfill the purpose for which you provide it;
- For any other purpose disclosed by us when you provide the information; and/or
- For purposes for which you provide your consent. For example, where you share an experience with us for the purposes of discussion.
We may also share or disclose your Personal Data:
- To comply with any court order, law, or legal process, including to respond to any government or regulatory request;
- With your employer or other fleet operator or the owner of the XOS product, if you do not directly own it and as authorized under applicable law;
- In some jurisdictions, XOS participates in government programs relating to environmental standards or the promotion of renewable fuel to reduce carbon emissions. XOS’s participation in such programs assists XOS to scale investments and accelerate the development of XOS’s charging infrastructure network. Participation in some programs may require that XOS share certain limited vehicle information and charging statistics with government or regulatory agencies as dictated by the terms of these programs, which may include your vehicle identification number and aggregated data that includes information about vehicle charging;
- To related affiliates and to unrelated third parties to market or advertise their products or services to you if you have not opted out of these disclosures. This type of sharing may be deemed a sale of Personal Data under some laws or jurisdiction. Facebook, Instagram, Google and other advertising networks may have the ability to use your Personal Data for their own marketing, advertising or business purposes. For more information about your opt-out rights, see Choices About How We Use and Disclose Your Information;
- If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of XOS, our customers, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.
Choices About How We Use and Disclose Your Information
We do not control the collection and use of your information collected by third parties described above in Disclosure of Your Information. These third parties may aggregate the information they collect with information from their other customers for their own purposes.
In addition, we strive to provide you with choices regarding the Personal Data you provide to us. We have created mechanisms to provide you with control over your Personal Data:
- Promotional Offers from XOS. If you do not wish to have your email address used by XOS to promote our own products and services, you can opt-out at any time by clicking the unsubscribe link at the bottom of any email or other marketing communications you receive from us. This opt out does not apply to information provided to XOS as a result of a product purchase, or your use of our services.
- Disclosure of Your Information to Affiliates and Third Parties. As described above, by using our Digital Services you consent to our sharing of your Personal Data with our affiliates and third parties for their marketing or advertising purposes. If you have any questions regarding this sharing or wish to opt-out of such sharing, please email us at firstname.lastname@example.org.
- Tracking and Targeted Advertising. To learn more about interest-based advertisements and your opt-out rights and options, visit the Digital Advertising Alliance and the Network Advertising Initiative websites. Please note that if you choose to opt out, you will continue to see ads, but they will not be based on your online activity. We do not control third parties’ collection or use of your information to serve interest-based advertising. However, these third parties may provide you with ways to choose not to have your information collected or used in this way. You can also opt out of receiving targeted ads from members of the NAI on its Digital Services.
Your Rights Regarding Your Information and Accessing and Correcting Your Information
You can notify us through one of the ways listed in the Contact Information section below of any changes or errors in any Personal Data we have about you to ensure that it is complete, accurate, and as current as possible or to delete your account. We cannot delete your Personal Data except by also deleting your account with us. We may also not be able to accommodate your request if we believe it would violate any law or legal requirement or cause the information to be incorrect.
Do Not Track Signals
Some web browsers permit you to broadcast a signal to websites and online services indicating a preference that they “do not track” your online activities. Because there is no standard for these signals at this time, we currently do not honor such signals and we do not modify what information we collect or how we use that information based upon whether such a signal is broadcast or received by us.
We have implemented measures designed to secure your Personal Data from accidental loss and from unauthorized access, use, alteration, and disclosure.
The safety and security of your information also depends on you. Where you have chosen a password for the use of our Digital Services, you are responsible for keeping this password confidential. We ask you not to share your password with anyone.
Unfortunately, the transmission of information via the Internet is not completely secure. Although we work diligently to try and protect your Personal Data, we cannot guarantee the security of your Personal Data transmitted to our Digital Services. Any transmission of Personal Data is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Digital Services or in your operating system.
Additionally, if you sell or transfer your XOS vehicle to another person, please notify us so that we can determine whether additional steps are required to help safeguard information from or about you from disclosure to the purchaser or transferee of the XOS vehicle.
California Privacy Rights
While we do business in California, the California Consumer Privacy Act and California Privacy Rights and Enforcement Act do not presently apply to XOS. We will update this Policy as and when these or other new laws apply to XOS.
California Civil Code Section 1798.83 (California’s “Shine the Light” law) permits users of our Digital Services that are California residents and who provide Personal Data in obtaining products and services for personal, family, or household use to request certain information regarding our disclosure of Personal Data to third parties for their own direct marketing purposes. If applicable, this information would include the categories of Personal Data and the names and addresses of those businesses with which we shared your Personal Data with for the immediately prior calendar year (e.g. requests made in 2021 will receive information regarding such activities in 2020). You may request this information once per calendar year. To make such a request, please contact us using the Contact Information below.
How to Contact Us:
3550 Tyburn Street, Unit 100
Los Angeles, CA 90065
Telephone: (855) 909-4407
Last revised: June 2021
- Ownership of the Digital Services
- Access to Digital Services, Security and Restrictions; Passwords
You may not use any scraper, crawler, spider, robot or other automated means of any kind to access or copy data on the Digital Services, deep-link to any feature or content on the Digital Services, bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Digital Services.
Violations of system or network security may result in civil or criminal liability. XOS will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of these Digital Services or any activity being conducted on these Digital Services.
- License to use our Digital Services
XOS grants to you a nontransferable license to use our Digital Services on devices that you own or control. XOS reserves all rights in and to the App not expressly granted to you under this Agreement. The terms of this Agreement will govern any content, materials, or services accessible from or purchased within the App as well as upgrades provided by XOS that replace or supplement the original App, unless such upgrade is accompanied by a new or revised Agreement. You may not copy (except as permitted by this license), reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the our Digital Services, any updates, or any part thereof (except as and only to the extent that any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open-sourced components included with the Digital Services).
- Limitations on License.
The license to use our Digital Services are restricted as follows:
- Limitations on Copying and Distribution. You may not copy or distribute our Digital Services.
- Limitations on Reverse Engineering and Modification; APIs. You may not reverse engineer, decompile, disassemble, modify or create works derivative of the Digital Services, except to the extent expressly permitted by applicable law.
- Proprietary Notices. You may not remove any proprietary notices (e.g., copyright and trademark notices) from the Digital Services or their documentation.
- Use in Accordance with Documentation. All use of the Digital Services must be in accordance with its then current documentation, if any, provided with the XOS Vehicle, the applicable XOS product, or made available on XOS’s website.
- Compliance with Applicable Law. You are solely responsible for ensuring your use of the Digital Servers are in compliance with all applicable foreign, federal, state and local laws, and rules and regulations, including but not limited to, traffic laws and violations.
- Online Services Associated with the Digital Services.
The Digital Services may be used to access certain online services. In some cases, you will not receive a separate notice when the Digital Services connect to those services. Using the Digital Services constitutes your consent to the transmission of standard device information (including, but not limited to, technical information about your device, system, XOS Vehicle information, and application software) to those services. Your use of those services may be governed by additional terms and conditions. Using the online services will constitute your acceptance of and agreement to be bound by those additional terms and conditions, if any. You may not use any online services in any way that could harm those services, disrupt their operation, or impair any other user’s use of those services or the wireless network through which they are accessed. You may not use the online services to gain unauthorized access to or use of any service, data, account, or network by any means.
- Location-Enabled Features.
Certain location-enabled functionality made available in XOS Vehicles or in XOS products is provided by Google Inc., Apple Inc., and other third-party providers. Your use of that functionality may be subject to additional terms and conditions (as updated from time-to-time): http://www.google.com/intl/en-US_US/help/terms_maps.html and https://www.apple.com/legal/internet-services/maps/terms-en.html. You must exercise your own judgment as to the adequacy and appropriateness of the information. All location-based information is provided entirely “as-is,” without warranties, express or implied, of any kind.
- Vehicle Support; Functionality.
All questions and requests relating to XOS Vehicle or XOS product support must be directed to XOS. We may change or remove functionality and other features of XOS Vehicles and XOS products at any time, without notice.
- Modified Devices and Operating Systems.
XOS will have no liability for errors, unreliable operation, or other issues resulting from use of any XOS Vehicle or XOS product on or in connection any XOS Vehicle or XOS product that is not in conformance with the XOS’ original specifications, including use of modified versions of the operating system, batteries, or any other unapproved modification that could be made to an XOS Vehicle or XOS product (collectively, “Modified Devices”). Use of an XOS Vehicle with Modified Devices will be at your sole and exclusive risk and liability.
- Accuracy and Integrity of Information
Although XOS attempts to ensure the integrity and accuracy of the Digital Services, it makes no representations, warranties or guarantees whatsoever as to the correctness or accuracy of the Digital Services and Content thereon. It is possible that the Digital Services could include typographical errors, inaccuracies or other errors, and that unauthorized additions, deletions and alterations could be made to the Digital Services by third parties. In the event that an inaccuracy arises, please promptly inform XOS in writing so that it can be corrected. XOS reserves the right to unilaterally correct any inaccuracies on the Digital Services without notice. Information contained on the Digital Services may be changed or updated without notice. Additionally, XOS shall have no responsibility or liability for information or Content posted to the Digital Services from any non-XOS affiliated third party.
- Typographical Errors
In the event a product or service is listed at an incorrect price due to typographical error or error in pricing information received from our suppliers, we shall have the right to refuse or cancel any orders placed for product / service listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit or debit card charged. If your credit or debit card has already been charged for the purchase and your order is canceled, we shall promptly issue a credit to your credit or debit card account in the amount of the incorrect price.
- Export Policy and Restrictions
You acknowledge that the products which are sold or licensed on the Digital Services, which may include technology and software, are subject to the customs and export control laws and regulations of the United States of America and may also be subject to the customs and export laws and regulations of the country in which the products are manufactured and/or received. By purchasing, downloading or using technology or software from the Digital Services, you agree to abide by the applicable laws, rules and regulations – including, but not limited to the Export Administration Act and the Arms Export Control Act – and you represent and warrant that you will not transfer, by electronic transmission or otherwise, the software or technology to a foreign national or a foreign destination in violation of the law. By purchasing any products, you agree that you will not use any products, or provide products to any person, who is forbidden from receiving the product under the Export Administration Regulations or any economic sanctions maintained by the U.S. Department of Treasury. U.S. antiboycott regulations, or U.S. economic sanctions, including the export and antiboycott restrictions found in the Export Administration Regulations or the sanctions regulations administered by the U.S. Office of Foreign Assets Control. You shall indemnify and hold harmless XOS from all claims, demands, damages, costs, fines, penalties, attorneys’ fees and all other expenses arising from your failure to comply with this provision and/or applicable export control, antiboycott, or economic sanctions laws and regulations.
- Links to Other Sites
XOS makes no representations whatsoever about any other website that you may access through these Digital Services. When you access a non-XOS website, please understand that it is independent from XOS, and that XOS has no control over the content on that website. In addition, a link to a non-XOS website does not mean that XOS endorses or accepts any responsibility for the content, or the use, of the linked website. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature. If you decide to access any of the third party websites linked to these Digital Services, you do this entirely at your own risk.
- Disclaimer of Warranties
XOS DOES NOT WARRANT THAT ACCESS TO OR USE OF THE DIGITAL SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE DIGITAL SERVICES WILL BE CORRECTED. THESE DIGITAL SERVICES, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SERVICE RELATED TO THE DIGITAL SERVICES, IS PROVIDED “AS IS,” WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY OF INFORMATION, QUIET ENJOYMENT, AND TITLE/NON-INFRINGEMENT. XOS DOES NOT WARRANT THE ACCURACY, COMPLETENESS OR TIMELINESS OF THE INFORMATION OBTAINED THROUGH THE DIGITAL SERVICES.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THESE DIGITAL SERVICES, DIGITAL SERVICES-RELATED SERVICES, AND LINKED WEBSITES. XOS DOES NOT WARRANT THAT FILES AVAILABLE FOR DOWNLOAD WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER DESTRUCTIVE PROGRAMMING. YOU ARE RESPONSIBLE FOR IMPLEMENTING PROCEDURES SUFFICIENT TO SATISFY YOUR NEEDS FOR DATA BACK UP AND SECURITY.
WARRANTIES RELATING TO PRODUCTS OR SERVICES OFFERED, SOLD AND DISTRIBUTED BY XOS ARE SUBJECT TO SEPARATE WARRANTY TERMS AND CONDITIONS, IF ANY, PROVIDED WITH OR IN CONNECTION WITH THE APPLICABLE PRODUCTS OR SERVICES.
- Limitation of Liability Regarding Use of Digital Services
XOS AND ANY THIRD PARTIES MENTIONED ON THESE DIGITAL SERVICES ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATING IN ANY WAY TO THE DIGITAL SERVICES, DIGITAL SERVICES-RELATED SERVICES, CONTENT OR INFORMATION CONTAINED WITHIN THE DIGITAL SERVICES, AND/OR ANY LINKED WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE DIGITAL SERVICES, DIGITAL SERVICES-RELATED SERVICES, AND/OR LINKED WEBSITES IS TO STOP USING THE DIGITAL SERVICES AND/OR THOSE SERVICES. TO THE EXTENT ANY ASPECTS OF THE FOREGOING LIMITATIONS OF LIABILITY ARE NOT ENFORCEABLE, THE MAXIMUM AGGREGATE LIABILITY OF XOS TO YOU WITH RESPECT TO YOUR USE OF THESE DIGITAL SERVICES IS $500 (FIVE HUNDRED DOLLARS).
- No Liability of App Store and Other Third Parties.
Your wireless carrier, the manufacturer and retailer of your mobile device, the developer of the operating system for your mobile device, the operator of any application store, marketplace, or similar service through which you obtain the App, and their respective affiliates, suppliers, and licensors (each a “Third Party” and collectively, “Third Parties”) are not parties to this Agreement and they do not own and are not responsible for the App. Company, and not any Third Parties, is responsible for addressing any claims raised by you or any third party regarding the App or your use or possession thereof, including claims related to product liability, legal or regulatory requirements, and consumer protection or similar legislation. You are responsible for complying with all application store and other applicable Third Party terms and conditions. YOU AGREE (I) THE THIRD PARTIES DISCLAIM ALL WARRANTIES, EXPRESS AND IMPLIED, WITH RESPECT TO THE APP, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, TITLE, MERCHANTABILITY, QUIET ENJOYMENT, QUALITY OF INFORMATION, AND FITNESS FOR A PARTICULAR PURPOSE; (II) IN NO EVENT WILL THE THIRD PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) ARISING OUT OF THIS AGREEMENT OR THE APP, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES; (III) IN ANY EVENT, THE MAXIMUM LIABILITY OF ANY THIRD PARTY FOR ALL CLAIMS (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) OF EVERY KIND WILL IN NOT EXCEED FIVE HUNDRED DOLLARS ($500.00); AND (IV) YOU WAIVE ANY AND ALL CLAIMS, NOW KNOWN OR LATER DISCOVERED, THAT YOU MAY HAVE AGAINST THE THIRD PARTIES ARISING OUT OF THE APP AND THIS AGREEMENT. THE THIRD PARTIES ARE INTENDED THIRD PARTY BENEFICIARIES OF THIS AGREEMENT, CAPABLE OF DIRECTLY ENFORCING ITS TERMS. NOTHING CONTAINED IN THIS AGREEMENT WILL BE CONSTRUED AS MODIFYING OR AMENDING ANY AGREEMENTS OR OTHER TERMS BETWEEN YOU AND THE THIRD PARTIES WITH REGARD TO THEIR SUBJECT MATTER. In the event of any claim that the App or your possession and use of the App infringes a third party’s intellectual property rights, the Third Parties are not responsible for the investigation, defense, settlement, or discharge of the infringement claim.
- External Services.
The App may enable access to XOS’s and/or third-party services and websites, including social media sites (collectively and individually, “External Services“). You agree to use the External Services at your sole risk. XOS is not responsible for examining or evaluating the content or accuracy of any third-party External Services, and shall not be liable for any such third-party External Services. Data displayed by the App or External Service, including but not limited to financial, medical and location information, is for general informational purposes only and is not guaranteed by XOS or its agents. You will not use the External Services in any manner that is inconsistent with the terms of this Agreement or that infringes the intellectual property rights of XOS or any third party. You agree not to use the External Services to harass, abuse, stalk, threaten or defame any person or entity, and that XOS is not responsible for any such use. External Services may not be available in all languages or in your Home Country, and may not be appropriate or available for use in any particular location. To the extent you choose to use such External Services, you are solely responsible for compliance with any applicable laws. XOS reserves the right to change, suspend, remove, disable or impose access restrictions or limits on any External Services at any time without notice or liability to you.
- Forward Looking Statements.
The Digital Services may include forward-looking statements within the meaning of the Private Securities Litigation Reform Act of 1995 about securities of an issuer which are located on the Digital Services. To the extent that statements on these Digital Services do not relate to historical or current facts, they constitute forward-looking statements. The words “outlook,” “believes,” “expects,” “potential,” “continues,” “may,” “will,” “could,” “should,” “seeks,” “approximately,” “predicts,” “intends,” “plans,” “estimates,” “anticipates” and similar expressions are intended to identify forward-looking statements. These forward-looking statements are based on the current assumptions and beliefs of the applicable issuer in light of the information currently available to it, and involve known and unknown risks, uncertainties and other factors. Such risks, uncertainties and other factors may cause actual results, performance, achievements or financial position to be materially different from any future results, performance, achievements or financial position expressed or implied by these forward-looking statements. XOS undertakes no obligation to review or publicly update any forward-looking statements to reflect subsequently occurring events or circumstances or to reflect unanticipated events or developments.
- Dispute Resolution; Arbitration Agreement.
We will try work in good faith to resolve any issue you have with the Digital Services, including products and services ordered or purchased through the Digital Services, if you bring that issue to the attention of our customer service department. However, we realize that there may be rare cases where we may not be able to resolve an issue to a customer’s satisfaction.
YOU AND XOS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and XOS agree otherwise, the arbitrator may not consolidate more than one person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.
- Revisions; General