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Terms Of Use

ELECTRAMECCANICA.COM TERMS OF USE

Terms of Use: (“ElectraMeccanica,” “we,” “us,” or “our”) operates a website at www.electrameccanica.com (the “Website”), offers services through a mobile application on the iOS and Android operating systems (the “Apps”) (the Website and the App, collectively the “Online Services”), and offers products and services in person at our vehicle dealerships.” By accessing the Website or using the Online Services, you agree that you are bound by these Terms of Use (“Terms”) and by all applicable laws and regulations.” If you do not agree with any of these Terms, you must leave this Website and discontinue use of the Online Services immediately.” The materials contained on the Online Services are protected by applicable copyright and trademark law.” This Website includes (a) the electrameccanica.com website, (b) all information included on the electrameccanica.com website, and (c) any services accessible via the electrameccanica.com website.” To get help with the Online Services, you may email us at website@electrameccanica.com.

Reservation of Rights:” You acknowledge and agree that the Apps are provided under license, and not sold, to you.” By downloading, installing, or otherwise accessing the Online Services, you do not acquire any ownership interest in the Online Services, or any other rights thereto other than to use the Online Services in accordance with the license granted, and subject to these Terms.” ElectraMeccanica and its licensors and service providers reserve and retain their entire right, title, and interest in and to the Online Services, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in these Terms.

Access and Representations of Use:” The Online Services may not be accessible for use in all locations.” If you are using the Online Services on behalf of your employer, you represent that your employer has authorized you to accept these Terms on your employer”s behalf.” You also represent that your employer agrees to indemnify you and ElectraMeccanica for a violation of these Terms.” You further represent that you are at least 18 years old.” If you are not at least 18 years old, you must discontinue your use of the Online Services immediately.

Warranties:” ElectraMeccanica provides the materials on the Online Services “as is.”” ElectraMeccanica makes no warranties, expressed or implied, and disclaims all warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement.” ElectraMeccanica does not warrant or make any representations concerning the accuracy, results, or reliability of the use of the materials on the Online Services.” ElectraMeccanica has no responsibility for any harm to your computer system or mobile device, loss or corruption of data, or other harm that results from your access to or use of the Online Services.

Assumption of Risk:” You acknowledge and agree that you should not rely on the Online Services for any reason.” You further acknowledge that you are solely responsible for maintaining and protecting all of your data and information, even if it is stored, created, retrieved, or otherwise processed by the Online Services.” You acknowledge that ElectraMeccanica makes no representation that (a) the Online Services will be uninterrupted, secure, or error-free; (b) the results obtained from use of the Online Services will be accurate or reliable; or (c) any errors on the Online Services will be corrected.” YOU ASSUME ALL RISK FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR DEVICE OR LOSS OF DATA THAT RESULTS FROM USING THE ONLINE SERVICES, INCLUDING ANY DAMAGES OR LOSS OF INFORMATION RESULTING FROM COMPUTER VIRUSES.

Limitation of Liability and Actions:” IN NO EVENT SHALL ELECTRAMECCANICA, ITS SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR LOSS OF USE OR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE ONLINE SERVICES OR THESE TERMS, ON ANY THEORY OF LIABILITY, AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF DAMAGE.” Some states do not allow the exclusion of certain damages, so the above may not apply to you.” If any applicable authority holds any portion of this section to be unenforceable, then liability will be limited to the fullest possible extent permitted by applicable law.” Any claim or cause of action arising out of or related to your use of the Online Services must be filed within one (1) year after such claim or cause of action arose, regardless of any statute or law to the contrary.” In the event any such claim or cause of action is not filed within such one (1) year period, such claim or cause of action shall be forever barred.

Indemnity:” You agree to indemnify and hold ElectraMeccanica and its, officers, directors, agents, licensors, suppliers, other partners, employees, and representatives harmless from any claim or demand, including reasonable attorneys” fees, made by any third party due to or arising out of your use of the Online Services, your violation of the Terms, or your violation of any rights of another.

Your Conduct:” By downloading and/or using the Online Services, you agree not to upload, post, e-mail or otherwise send or transmit any material that contains viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Online Services.” You also agree not to interfere with the servers or networks connected to the Online

Category of Information

Categories of Sources

Purpose

Personal Identifiers of users of our Online Services and ElectraMeccanica customers, including your real name, username, email address, physical address, telephone number, and Internet Protocol Address.

Directly from you through your submission of such information either through the Online Services or while visiting an ElectraMeccanica retail locations.

To provide you with our services; updates on our vehicles; information regarding new features; requests for your feedback on our products; and the processing of vehicle-related transactions. 

Customer Records Information, including your real name, signature, address, telephone number, driver’s license or state identification card number, and financial information.

Directly from you through your submission of such information at the time of a test drive or the purchase of an ElectraMeccanica vehicle.

To facilitate your test drive or purchase of an ElectraMeccanica vehicle.

Commercial Information, including your Vehicle Identification Number.

Through your purchase of an ElectraMeccanica vehicle.

To identify you as the owner of a particular ElectraMeccanica vehicle.

Geolocation Data from your vehicle.

Directly from you through your use of an ElectraMeccanica vehicle.

For use in aggregated statistical analysis, and for vehicle safety purposes.

Internet Activity, including your interaction with the Online Services, the type of browser and device you use, access times, and pages or accounts viewed.

Directly from you through your use of our Online Services, including through use of Cookies and Pixels as discussed further below.

To provide you with the Online Services and to improve the Online Services.

Information related to your vehicle and your use of your vehicle, including accelerometer data; battery information; vehicle and equipment temperature; motor controller data; window, shifter, and steering wheel position; odometer data; speed data; and fluid temperatures

Directly from you through your use of your ElectraMeccanica vehicle.

For use in aggregated statistical analysis, for vehicle safety purposes, to improve our products, and to service vehicles.
  

Third-Party Provider

Information Category

Purpose

Google, Inc.

Usage Data
 Internet Protocol Address
 Geolocation Data

To provide the Website”s services and for Website analytics and security and to provide you with the App and the services therein.

Apple, Inc.

Usage Data
 Internet Protocol Address
 Geolocation Data

To provide you with the App and the services therein.

Amazon Web Services (“AWS”)

Personal Identifiers
 Customer Records Information
 Commercial Information
 Geolocation Data
 Information Related to your Vehicle and your use of your Vehicle.

For general information storage purposes.

Cox Automotive, Inc.

Personal Identifiers
 Customer Records Information
 Commercial Information
 Information Related to your Vehicle.

To properly manage your account with us.

Microsoft, Inc.

Personal Identifiers
 Customer Records Information
 Commercial Information

To provide you with our services.

Gladinet, Inc.

Personal Identifiers
 Customer Records Information
 Commercial Information
 Geolocation Data
 Information Related to your Vehicle and your use of your Vehicle.

For general storage purposes.

Salesforce

Personal Identifiers
 Customer Records Information
 

To properly manage your account with us.

The Rocket Science Group, LLC

Personal Identifiers

To send you emails related to our products and services.

Par-Tech, Inc.

Geolocation Data and Information related to your vehicle and your use of your vehicle

For vehicle diagnostic purposes and to provide you with services related to your vehicle.