Terms and Conditions for Data Portal

Effective from: 2025-09-01
Published at: 2025-09-01

These terms and conditions (the “Terms and Conditions”) constitutes an agreement between Volvo Car Corporation with its address at SE-405 31 Gothenburg, Sweden, (“Volvo Cars”) and the contracting natural person or legal entity, as the case may be, (the “User”), for the use of the Volvo Cars Data Portal provided by Volvo Cars (the “Portal”). Each of Volvo Cars and the User is below individually referred to as a “Party” and jointly as the “Parties”.

1. GENERAL

1.1 Volvo Cars is the manufacturer of Volvo cars (the “Products”) and the provider of apps, including the Volvo Cars app, and certain other related services (each such app or service a “Related Service”) as well as the holder of data generated by the user of the Products and the Related Services (“Data”).

1.2 The User is a user, as defined in Article 2 (12) of Regulation (EU) 2023/2854 on harmonised rules on fair access to and use of data (the “Data Act”), of the Product and/or the Related Services.

1.3 The Portal allows users, within the meaning of the Data Act, to access Data themselves as well as to share Data, and allow Data to be shared, with third parties who has requested, and is authorized, to access such Data (“Requesting Third Parties”).

1.4 These Terms and Conditions are based on the joint assumption that Volvo Cars is obligated under Article 5 of the Data Act to make Data available and that the User is entitled to request and access such Data under the Data Act.

2. ACCESS TO DATA AND USE OF THE PORTAL

2.1 Pursuant to these Terms and Conditions, the User is entitled to access Data as made available in the Portal as well as to share, and direct Volvo Cars to share, such Data with Requesting Third Parties.

2.2 A prerequisite for the User gaining and maintaining access to the Portal is that the User has a valid Volvo ID that is connected to the relevant Products and Related Services and has accepted the Volvo Cars General Terms and Conditions for Services or Volvo Cars Terms of Services, as the case may be, (jointly the “Terms of Services”) and the User’s use of the Portal shall be subject to the Terms of Services. In case of conflict between the Terms of Services and these Terms and Conditions, these Terms and Conditions shall prevail.

3. CONDITIONS OF USE

3.1 The User may use the Portal only in conformity with these Terms and Conditions.

3.2 The User’s username and password for the Portal must be treated confidentially and may not be sold, transferred, sub-licensed or otherwise shared with any third party. The User shall notify Volvo Cars immediately if it has any knowledge or reason to believe that the confidentiality of its account has been compromised. The User is responsible for all activities associated with the use of its registration information regardless of whether such activities originate with the User or with another party.

3.3 Volvo Cars does not warrant any specific availability of the Portal.

3.4 Volvo Cars is entitled to suspend the User’s use of the Portal if Volvo Cars has reason to believe that the User has misused the Portal or violated these Terms and Conditions. If such misuse or violation constitutes a material breach of these Terms and Conditions, Volvo Cars shall be entitled to terminate these Terms and Conditions pursuant to Section 10.2.

3.5 Volvo Cars may unilaterally change details regarding the specifications for the Data characteristics and any access arrangements, if this is objectively justified by the normal conduct of business of Volvo Cars, for example by a technical modification due to an immediate security vulnerability in the line of products or related services offered by Volvo Cars or a change in Volvo Cars’ infrastructure.

3.6 The User acknowledges that the Portal can only be used for Products (and any Related Services connected to such Products) connected to the User’s Volvo ID and that the User’s use of the Portal shall be conditional upon the User’s Volvo ID being connected to such Products.

4. INTELLECTUAL PROPERTY

4.1 The Portal is and remains the sole and exclusive intellectual property of Volvo Cars. Except for the limited rights of use granted herein, all right, title and interest to the Portal, including patent, copyright and trademark rights in and to the Portal, and the accompanying documentations are owned by Volvo Cars.

4.2 The User is not authorised to use names, trademarks, company marks, logos or other components of the Portal or Volvo Cars.

5. RESTRICTIONS

5.1 The User may not: (i) copy, sub-license, transfer, modify, lease, sell, transform, decompile, reverse engineer, disassemble or redesign the Portal or any component thereof neither in full nor in part; (ii) change any copyright notices or other proprietary rights notices which appear in or on the Portal; nor (iii) infringe copyrights, naming rights and property rights of Volvo Cars and/or third parties.

5.2 The User is not allowed to: (i) circumvent any security means or access control technology included in or with the Portal; (ii) forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Portal; (iii) perform activities which damage, disturb or otherwise impede the operation of any Volvo Cars systems; (iv) perform activities causing aggregated data traffic not necessary for normal usage and excessive downloads which impair the stability of any Volvo Cars systems; (v) perform activities aimed at obtaining unauthorised access to any Volvo Cars systems or activities in which the Volvo Cars systems are used without prior authorisation; (vi) perform activities which prevent other users from using resources of the Portal; or (viii) implement viruses or other malicious codes.

6. FUNDAMENTAL DATA DECLARATIONS AND WARRANTIES

6.1 The User declares and warrants that it is a user, within the meaning of Article 2 (12) of the Data Act, of any Products and/or Related Services connected to its Volvo ID.

6.2 By directing Volvo Cars to share Data with a Requesting Third Party through the Portal, either by requesting Volvo Cars to share such data with the Requesting Third Party or by confirming a request by the Requesting Third Party for Volvo Cars to share such data, the User declares and warrants:

(a) that it has authorized the Requesting Third Party to access the requested Data;

(b) that such authorization has not been withdrawn or expired;

(c) that it has entered into an agreement with the Requesting Third Party regarding the use of the requested Data; and

(d) that the Requesting Third Party does not qualify as a “gatekeeper” under Article 3 of Regulation (EU) 2022/1925 (the “Digital Markets Act”).

6.3 As far as the Data qualifies as personal data, each Party declares that it shall only process such Data in compliance with applicable data protection legislation, including but not limited to Regulation 2016/679 (GDPR) and, where relevant Directive 2002/58/EC (ePrivacy Directive) (“Applicable Data Protection Legislation”).

6.4 The Parties acknowledge that, where the User is not the data subject, Volvo Cars may only make available Data which qualifies as personal data to the extent permitted under Applicable Data Protection Legislation.

7. TRADE SECRETS

7.1 The Parties acknowledge and agree that some Data made available may be marked as “trade secrets” (“Trade Secret Data”), meaning that it constitutes and is protected as a trade secret under Directive (EU) 2016/943 on the protection of undisclosed know-how and business information (trade secrets) against their unlawful acquisition, use and disclosure ( the “Trade Secret Directive”), held by either Volvo Cars or another Trade Secret Holder (as defined in the said Trade Secret Directive).

7.2 Volvo Cars may make the disclosure of any Trade Secret Data conditional upon the Parties agreeing to apply such proportionate technical and organisational measures that are necessary to preserve the confidentiality of the Trade Secret Data (“Trade Secret Measures”). Volvo Cars may also unilaterally add Trade Secret Measures if such unilateral Trade Secret Measures do not negatively affect the access to and use of the Trade Secret Data by the User.

7.3 The User undertakes not to alter or remove any Trade Secret Measures unless otherwise agreed by the Parties.

7.4 If, in exceptional circumstances, Volvo Cars is highly likely to suffer serious economic damage from disclosure of any particular Trade Secret Data to the User despite the Trade Secret Measure having been implemented, Volvo Cars may withhold or suspend sharing the specific Identified Trade Secret Data in question, provided that it gives a duly substantiated notice without undue delay to the User and to the Competent Authority. The foregoing notwithstanding, Volvo Cars must however continue to share any Trade Secret Data other than such specific Trade Secret Data.

7.5 If the User fails to implement and maintain the Trade Secret Measures imposed on it and if this failure is duly substantiated by Volvo Cars, e.g. in a security audit report from an independent third party, Volvo Cars is entitled to withhold or suspend the sharing of the specific Trade Secret Data, until the User has resolved the incident or other issue as described in the following two paragraphs. In such event, Volvo Cars must, without undue delay, give duly substantiated notice to the User and to the Competent Authority.

7.6 Each of Section 7.4 and 7.5 entitles the Data Holder to terminate these Terms and Conditions only with regard to the specific Trade Secret Date, provided that:

(a) all the conditions of Section 7.4 or 7.5, as applicable, have been met;

(a) no resolution has been found by Parties after a reasonable period of time, despite an attempt to find an amicable solution, including after intervention by the Competent Authority; and

(a) the User has not been awarded by a competent court with a court decision obliging Volvo Cars to make the Data available and there is no pending court proceedings for such a decision.

8. THE USER’S USE OF DATA AND DISCLOSURE TO THIRD PARTIES

8.1 Taking into account the limitations regarding Trade Secret Data, the User may use the Data made available by Volvo Cars upon its request for any lawful purpose and/or share the Data freely subject to the limitations in this Section 8.

8.2 The User must not, and must ensure that any Requesting Third Party shall not:

(a) use the Data it receives to develop any product that competes with any of the Products nor share the Data with any third party with that intent;

(b) use the Data it receives to derive insights about the economic situation, assets and production methods of Volvo Cars, or Volvo Cars’ use of the Data;

(c) use coercive means to obtain access to Data or, for that purpose, abuse gaps in Volvo Cars’ technical infrastructure which is designed to protect the Data;

(d) make the Data it receives available to any party that qualifies as a “gatekeeper” under Article 3 of the Digital Markets Act

(e) use the Data it receives in a manner that adversely impacts the security of any Product or Related Service;

(f) provide false information to Volvo Cars or deploy deceptive or coercive mean; or

(g) use the Data it receives for any purposes that infringe EU law or applicable national law.

8.3 The User must not make any Data available to a Requesting Third Party or any other third party unless it is contractually agreed with the User and compatible with applicable EU and national law. In no event shall Volvo Cars be held liable towards the User for the absence of such an agreement.

8.4 The User acknowledges that any Requesting Third Party shall only process the Data made available to it pursuant to this Agreement for the purposes and under the conditions agreed between the User and the Requesting Third Party.

9. FEEDBACK

If the User provides any ideas, suggestions or recommendations to Volvo Cars regarding the Portal or any content, software or API on it (“Feedback”), Volvo Cars may use such Feedback and incorporate it in its software, products, technologies, and services without paying fees or royalties to the User and without any other obligations or restrictions. The User hereby grants Volvo Cars a perpetual, irrevocable, transferable, sublicensable, nonexclusive license under all rights necessary to incorporate and use the User’s Feedback for any purpose, including to make and sell any products and services.

10. TERM AND TERMINATION

10.1 These Terms and Conditions will remain in effect from the User’s registration to use the Portal up until the User’s Volvo ID terminates, upon which time these Terms and Conditions shall terminate automatically with immediate effect.

10.2 If the User materially breaches any of its obligations under these Terms and Conditions, then Volvo Cars may:

(a) if the User is a natural person, immediately on written notice to the User terminate these Terms and Conditions with immediate effect; or

(b) if the User is a legal entity, immediately on written notice to the User terminate these Terms and Conditions with immediate effect, provided that the User has failed to cure the breach, if curable, within 30 days after written notice of the breach..

10.3 Following any termination of these Terms and Conditions, the User must immediately cease use of the Portal and any software, content or APIs provided on it.

10.4 The Termination of these Terms and Conditions releases both Parties from their obligation to effect and to receive future performance but does not affect the rights and liabilities that have accrued up to the time of termination.

11. WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY

11.1 The Portal and, to the extent permitted under applicable law, any Data provided through the Portal are provided on an "as-is" and "as available" basis and without any warranty or representation for quality, quantity, completeness, accuracy, availability, error-free and fitness for any particular purpose. Volvo Cars does not make any representations or warranties concerning the results from the use of the Portal.

11.2 Under no circumstances will Volvo Cars be liable for any consequential, special, indirect, incidental or punitive damages whatsoever arising out of the use or inability to use the Portal, even if Volvo Cars has been advised of the possibility of such damages, and notwithstanding any failure of essential purpose of any limited remedy. The above limitations and exclusions shall only apply, and only will be enforced, to the maximum extent permitted under applicable law.

12. INDEMNIFICATION

The User hereby agrees to indemnify Volvo Cars, its affiliated entities, and their respective officers, managers, directors, investors, employees, and agents, of all liabilities, payment obligations, claims, costs, legal disputes or liability claims, which arise due to or in connection with: (i) the User’s actions within the Portal and the use of any Data, in particular, from the violation of these Terms and Conditions; (ii) the User’s infringement, misappropriation or violations of intellectual property and intellectual property rights or other rights or data protection obligations; or (iii) third-party misuse of any Data, if the misuse was facilitated by the User’s failure to take appropriate measures for the protection of the user name and password against such misuse. Volvo Cars rejects any and all liability for complaints arising from the use of any Data.

13. GOVERNING LAW AND DISPUTE RESOLUTION

13.1 These Terms and Conditions shall be governed by the law set out in the Terms of Services. The United Nations Convention on the International Sale of Goods shall not apply.

13.2 Any dispute, controversy or claim arising out of or in connection with these Terms and Conditions, or the breach, termination or invalidity thereof, shall be finally settled as set out in the Terms of Services.

14. MISCELLANEOUS

14.1 Any notice to be given to Volvo Cars in relation to these Terms and Conditions shall be sent in the manner and to the address set out in the Terms of Services.

14.2 Unenforceable terms of these Terms and Conditions will be replaced by another valid, legal and enforceable provision, which corresponds most closely to the intended purpose of the Terms and Conditions and only to the extent necessary to make them enforceable. The other terms will remain in effect without change.

14.3 Volvo Cars and the User are independent contractors. These Terms and Conditions do not create any agency, partnership or joint venture between Volvo Cars and the User.