Terms and Conditions (hereinafter referred as to “Terms”)

Version: 1.0

Effective: March 20, 2018

Welcome to FordPass, a smarter way to move around! FordPass is a new and dynamic platform which will allow you to rethink how you move around. Through a collection of current features, FordPass provides options for you to go beyond what you imagined.

Ford is continuously working to improve and expand the options and features of FordPass for its customers. These Terms describe the currently available features. FordPass can also be integrated to other services or devices, and these features can be subject to terms or their own privacy practices, complementary to this document - which will be presented to you regarding this feature.  Frequently check the new features we added to understand what FordPass can do for you!

Before starting, we want you to know how FordPass works and we need you to click “Accept” to enjoy all this experience.  Please review carefully.

A few important points:

  • We update FordPass periodically in order to introduce new features or to improve the existent ones. In some cases, you may need to install a more recent version of the Application before using it again.
  • Only use FordPass when it is safe to do it.
  • Ford is not responsible for eventual damages from lack of operability of the user’s mobile device or network unavailability required for FordPass to work.
  • These Terms contain important disclaimer of liability and other provisions that limit our responsibility for you.

In order to deliver excellent features and services, and customized communications for your interest, FordPass will collect your data, from your computer or mobile device, and your vehicle, such as location and drive functions, which can be stored. Please see the FordPass Privacy https://www.fordpass.com/en_br/privacy.html for more information.

You can use the Table of Contents below to easily move by these Terms:

  1. General Information
  2. Privacy Policy
  3. Ford Dealership Services
  4. My Vehicle
  5. Parking / Gas Stations
  6. Perks
  7. Guides
  8. Safety
  9. Communications
  10. Integration with Other Services of Ford / Services of Third-Parties
  11. Limited Licenses
  12. Interference
  13. Notice of Trademark
  14. Content Generated by User
  15. Disclaimer of Liability
  16. General Provisions
  17. Contact Us

1. General Information

These Terms apply to your access to and use of the FordPass.com website (the “Site”) and FordPass mobile application (the “App”) (the App and Site are collectively referred to as “FordPass”)which are owned by Ford Motor Company, One American Road, Dearborn, Michigan 48126 United States of America (hereinafter referred to as “Ford”, “we”, “us”). These Terms do not alter in any way the terms of any other agreement you may have with us and exclusively refer to the use of the features available in FordPass. If you want to keep a copy of these Terms, visit this link https://www.fordpass.com.br/en_br/terms.html and save or print it. Access and use of FordPass according to this Terms is limited to Brazilian territory.

a. Acceptance

By clicking ”Accept” and/or using FordPass or its features, you agree to be bound by this terms. You must be at least 18 years old, or the age of majority, as determined by the laws of your state or territory of residency, in order to accept these Terms, and hold a FordPass account.

 FordPass allows you to setup your profile information and certain preferences in your account. You cannot create names that are not adequate or suitable. If we decide that any name you created is not adequate or suitable, we have the right to remove or interrupt your use of FordPass, until suitability is made.

We can modify this Terms at any moment. We will make you aware by FordPass of any material changes to this Terms, and we will provide you the opportunity to accept the modified Term. Other modifications, such as, for example, technical issues, will be effective immediately after being published in FordPass or posteriorly as we specify, and your continued use of FordPass or your functions will indicate your acceptance of the modified Term. If you do not agree with this Term or with any posterior modification, you should immediately stop using FordPass.

We have the right to change, update, improve, correct, modify, suspend, interrupt or cancel totally or partially the FordPass, including any of its functions, features or modes of operation at any moment without any notice or obligation of continuity. Your use of FordPass after any implemented changes will be considered as an acceptance of this changes. FordPass cannot be available during pauses for maintenance and other moments.

If you object to any changes to FordPass or to these Terms, your sole recourse is to stop using FordPass.

b. System Requirements/Updates/Changes/Cancellation

Use of FordPass requires a compatible computer and Internet browser, mobile telephone or handheld device, Internet access (rates can be applied by telephone company), and software (rates can be applied) and may require obtaining updates or upgrades from time to time. Contact your internet service provider or data carrier for more information regarding usage rates and fees.

In some cases, you may need to install the most recent version of the App before using FordPass again.

Certain FordPass features may require your vehicle to have a compatible internal system SYNC. Verify with Ford Guide the compatible versions of SYNC. If your vehicle is equipped with SYNC, you agree with and authorize us or our subsidiaries or service providers to remotedly check and to automatically update your SYNC system according to the End User License Agreement (“EULA”) of the vehicle software supplied in the Owner’s Manual of your vehicle or in other way by us. You further agree that Ford, its subsidiaries, service providers and/or designated agents can periodically check the Software version and can remotely deliver updates of Softwares, upgrades, complements or changes to Software without any notice or additional consent. Fees and rates of use of data can be applied by telephone company.

Not all features or services will be available in all countries and coverage can be limited, including due to capacity of your vehicle and coverage of data plan. Availability of features is subject to change and also depends on your mobile device and capacity of your vehicle and Internet access available to you. FordPass may be unavailable or be interrupted periodically by several reasons, such as environment or topographic conditions and coverage of Internet plan or data plane.

c. Registration, login and cancellation of FordPass account

When available, you can be able to create a registration name typing your e-mail address and password, or using your login information of Facebook, or other social media account. If you choose to connect by using a social media account, you allow us to access your publicly available information (e.g., name, user ID, profile picture), and information that you “Allow” the social media account to access.  Please review the Privacy Policy and terms and conditions of your social media account before using this authentication method.

You are responsible for keeping your account information and password of FordPass secretly, and also any activity made in your account, including a non-authorized activity. You agree with immediately communicating us by the channels indicated below about any possibility of non-authorized use of your account or password.

To uninstall your FordPass of your mobile device, you should use the management tools of the application provided with your device. Consult the manual of your mobile device for assistance.

YOU ARE RESPONSIBLE FOR EXCLUDING YOUR DATA OF FORDPASS AND SYNC SYSTEM, WHEN VEHICLE IS SOLD. WE RECOMMEND THESE ACTIONS TO BE ADOPTED BEFORE FINISHING THE PURCHASE/SALE OF THE VEHICLE.

IF YOU ARE NOT THE FIRST OWNER OF THE VEHICLE, WE RECOMMEND YOU TO MAKE A GENERAL CLEANING OF SYNC CONFIGURATIONS ACCORDING TO THE INSTRUCTIONS OF THE OWNER’S MANUAL OF YOUR VEHICLE BEFORE USE.

2. Privacy Policy

When using FordPass you also agree with Privacy Policy of the application, which is presented in a document for informed consent purposes, and which can be consulted whenever needed in the feature (https://www.fordpass.com.br/en_br/privacy.html). We recommend you to always consult the updated version in order to reflect any changes to FordPass or our privacy practices.

3. Ford Dealership Services

Some features of FordPass (including My Dealer) allow you to connect to a Ford Authorized Dealer of your preference, including schedule services, locate Dealers and obtain directions for your Dealer. Scheduling of Services in your Dealer will be made by Agenda Ford system. When using the tracking services and services of Agenda Ford system, you will be subject to the terms provided by location or mapping service that you are using.

All scheduling of services to your vehicle is your responsibility and your Dealer, including regarding prices and deadlines. The Dealers are legal persons distinct from Ford, and are responsible for the services provided and the content of their websites.

4. My Vehicle

The My Vehicle feature can allow you to access certain information related to your vehicle via FordPass. In order to registry your car in the My Vehicle feature, you will need to insert your Vehicle identification number / Chassis Number (VIN). When registering your vehicle in My Vehicle, you expressly accept to receive notifications, including e-mail, as well as further communications from us related to the My Vehicle feature. If you wish to stop receiving these communications, please contact the section Guides of FordPass or stop using the My Vehicle feature changing your preferences in the configuration menu of FordPass. You can remove your VIN of FordPass at any moment, however, the removal of VIN can affect certain features of FordPass.

The vehicle status feature can allow you to see certain notification in FordPass, referring to Vehicle Maintenance Notice. These notices can include information about electrical battery, campaigns of services and other information. These notifications should not be used to replace regular maintenance of the vehicle and notices indicated in the panel of the vehicle according to instructions of Owner’s Manual.  If, at any moment, you believe there is a problem with your vehicle, consult a Ford Authorized Dealer for a diagnosis and required maintenance.

5. Parking / Gas Stations

Services related to parking and gas stations are limited to inform you on the location of close parking lots and gas stations. We do not provide, whether direct or indirectly, a parking service,  we do not operate a parking lot or accept custody of motorized vehicles. We do not provide, whether direct or indirectly, fuel supply, we do not operate a gas station or supply vehicles. These services are provided by third-parties, such as companies, owners or operators of parking facilities, and they are not, under any circumstances, our representatives or act on our behalf, neither under our interference.

Parking or fuel fees are directly established by the owner or operator of the gas station or parking lot, not by Ford. You are responsible for paying fees related to parking or fuel supply service to the referred establishment - and which there is no relation with the information and location service provided by FordPass

We do not declare or assure quality, suitability, safety of any parking lot or gas station, of any products or services, and we are not responsible for any lack of quality, suitability and safety of any of these establishments or related to their use and facilities and locations (including, among others, responsibility referring to safety of people or property in facilities or locations of parking lots or gas stations and consequences of not being able to park, supply or delays related to these services).

6. Perks

When you registry at FordPass, you are automatically enrolled in the Benefits of FordPass. Benefits can include special offers, recognitions and other periodic promotions, which can be based on things you do using FordPass. You do not have to use the Benefits in order to use the features of FordPass. The type and frequency of Benefits, offers and promotions vary, and each one of them is subject to their own terms or standards, which will be informed in every specific offer or promotion.

Benefits and any offers or promotions of FordPass are separated from any other loyalty programs offered by us or our subsidiaries. Unless expressly stated otherwise, Benefits (including any rewards or benefits related) do not have a money value and are not transferable. Benefits are subject to change at any moment, and some elements of Benefits, or an offer or specific promotion may not be available for all users, brands or model of the vehicle.

You agree to receive communications of Benefits of Ford, its authorized Dealer and affinity partners, which can be customized based on personal information you provide to us by FordPass, such as location.

You are exclusively responsible for any taxes applicable or associated to the used Benefits.

7. Guides

By the Guide feature, FordPass can offer support to use the application FordPass, support related to your vehicle and activation of Ford Assistance of your vehicle, according to warranty terms and Owner’s Manual of your vehicle and may not be available for all makes and models of vehicle. If warranty of your vehicle or Ford Assistance program of your vehicle has expired, you may not be able to access these functions.

Ford Assistance program can be available to your vehicle according to the terms and conditions provided in the Owner’s Manual. For further information about the program, consult the Owner’s Manual of your vehicle. Support can be supplied by online contact or e-mail with Guides, which are the specialists of Ford. FordPass can allow you to provide contact information to a Guide to contact you by phone, e-mail or text message. If you provide your contact information, you will be expressly consenting a Ford specialist to contact you. Telephone calls can be recorded for quality assurance purposes and if you continue talking to a Ford Guide, you give consent to have your call recorded for these purposes. If it is not possible to activate Ford Assistance by FordPass, check contact means informed in the Owner’s Manual of your vehicle.

Contact by the Guide cannot answer all your questions about your vehicle and further Ford products or services. If you have any questions about a Ford product or services or wish any specific explanation of the vehicle which cannot be given by this FordPass feature, please contact your authorized Ford Dealer or Ford Customer Service as related in clause “Contact Us” below.

8. Safety

Warning:  We do not recommend the use of any portable device while driving, or any other activity requiring your full attention, and we promote the use of voice-operated systems, when possible. Accessing or using FordPass in portable devices while driving or conducting other activity can distract your attention and result in vehicle control loss, accident or injury. FordPass can send messages or notification to your mobile phone. Do not read messages on hand-held devices while driving or conducting similar activities.

Despite of the warning above, if using FordPass while driving the vehicle, the user is committed to use it exclusively in the integrated mode with communication and entertainment system of the vehicle and/or use FordPass features which can be activated before starting to drive  the vehicle and in voice operation mode, as well as only use it under a situation where the driver understands, from its best judgment, there is no risk to him/her or third-parties and is in compliance with applicable traffic legislation.

Incorrect use of FordPass, as well as eventual damages/accidents caused by such acts is full and exclusive responsibility of the infringer user.

9. Communications

If you choose to communicate with us, you expressly consent to our representatives to contact you the way you request it. You can choose to receive or not notifications in FordPass configurations. You can choose to stop receiving e-mail from FordPass by unsubscribing in the email. You can continue to receive communications within FordPass.

10. Integration with Other Services of Ford / Services of Third-Parties

FordPass can be integrated to, or have links to other websites or services (each one called “Additional Service”). Additional Services can be subject to additional terms which may be presented for its use, and when using an Additional Service, you agree with terms and conditions applicable to it. Some Additional Services can be operated by Ford or its related entities, others are not controlled by us, including, among others, links to websites to our Dealers (“Service of Third-Parties”), whose access possibility is offered by the user convenience. We do not have control,  to the greatest extend possible, we do not assume the responsibility by the content, privacy policies or practices of any Service of Third-Parties. In addition, we will not and cannot censure or edit the content of any Service of Third-Parties. When clicking the links related to such Services of Third-Parties, you expressly exempt us from all and any responsibility from the use of the referred Services or content from any Services of Third-Parties. When using a Service of Third-Parties, you should be aware of when you leave FordPass environment and should read the terms and conditions and privacy policy of each Service of Third-Parties that you visit/ use.

FordPass can use data from interface with third-party sources, such as maps and directions, to provide you services that are based on location. These data and other information are not always accurate. We are not responsible for any data supplied by third-parties or your trust. Terms applicable to services based on location to which you will be linked when using FordPass include:

http://here.com/services/terms

http://here.com/privacy/privacy-policy/

https://legal.here.com/br-pt/terms/general-content-supplier-terms-and-notices

FordPass can contain or partially count on a free, shared Software or public use Software (“Open Code Software”). See recognitions of Open Code Software published located in http://corporate.ford.com/ford-open-source.html for further information about any obligations or restrictions which may be applied to the use of Open Code Software.

11. Limited Licenses

FordPass and any content (images, logotypes, text, music, sounds, wallpaper, emblems, etc.) data or software made available by or in relation to FordPass (including by websites related to FordPass) (collectively referred as to “FordPass Content”) are owned by us or used under license. FordPass Content is protected by global copyright, trademark, patent, commercial secrecy or other exclusive rights, whether they are in a copyright notice or other exclusive trademark present or not. You agree with meeting all copyright/intellectual property laws in the use of FordPass Content, including to prevent any non-authorized copy. Except if expressly stated herein, we do not grant explicit or implicit rights to FordPass Content.

According to your compliance with these Terms and any other terms communicated in relation to the specific FordPass Content, we grant you a non-exclusive, nontransferable and limited right to access, watch, use, exhibit and listen to FordPass Content only for your personal, non-commercial use. You do not have the right to distribute or commercially use the data and information received during the use of FordPass. You agree with not contesting our claims of ownership or validation of our rights in FordPass Content.

If you violate any of the Terms, your rights will immediately terminate and we can terminate your access to FordPass Content without previous notification and any reimbursement of fees, if applicable.

Any right or authorization granted to you by us is also subject to the following restrictions:

  • You cannot create nor allow third-parties to create derivative works, to use any data research, robots or similar data collection and extraction tools, to create a database, to download or store FordPass Content, except if licensed as above, to link FordPass Content, to extract, derive or try to extract or derive any source-code or structure of all or any portion of FordPass Content by reverse engineering, dismounting, decompilation or any other means;
  • You cannot use FordPass Content - neither allow third-parties to use it - in any illegal, abusive, libelous, deceptive or privacy invasive manner;
  • You cannot use FordPass Content - neither allow third-parties to use it - with other content or in such a way to personify any other person, business or entity, including us;
  • You cannot interfere, try to interfere, interrupt or try interrupt our serves or networks, or disobey any of our network access or safety requirements, neither allow third-parties to do it;
  • You cannot use FordPass Content to denigrate or devalue Ford brand, neither allow third-parties to use it for such purpose; and
  • You cannot use FordPass Content along with adult content or which promotes illegal activities, games with gambling or the sale of tobacco or alcohol.
  • If you are not responsible for account payment of the mobile phone or device being used to access FordPass Content, it is assumed that you have received permission of the responsible person to use the Content or Features of FordPass, as well as to have accessed these Terms, which you are linked to.

12. Interference

CAUTION: ANY ATTEMPT, BY ANY INDIVIDUAL TO DELIBERATELY DAMAGE FORDPASS OR OTHERWISE UNDERMINE OUR LEGITIME COMMERCIAL OPERATIONS, BY VIOLATION OF CRIMINAL AND CIVIL LAWS, WE RESERVE THE RIGHT TO COOPERATE TO THE PROSECUTION OF ANY OF THESE INDIVIDUALS AND TO ADOPT ALL APPLICABLE RESOURCES AND MEASURES FOR THE DEFENSE OF OUR INTERESTS AND ATRIBUTION OF RESPONSIBILITY FOR ALL AND ANY PREJUDICE FROM IT.

13. Notice of Trademark

The name Ford and all trademarks and logotypes presented in FordPass are exclusively owned by Ford. The non-authorized use of any trademark presented in FordPass or included in any content of FordPass is forbidden and is liable to penalties and liabilities established in legislation.

14. Content Generated by User

As you send information or content to us (“User’s Contribution”), you understand and agree they will not be handled with secrecy, except for personal information in conformity with Privacy Policy of FordPass. You are exclusively responsible for your User’s Contribution and any consequences of posting or publishing it. You understand that many people around the world can see your posts and comments. You also agree that we and our third-party service providers can contact you by e-mail about any content generated by You.

New and confidential ideas are forbidden in FordPass. If you have an innovative idea, please use the official process made available by Ford for such purpose at: http://corporate.ford.com/innovation/innovation-ideas-submission.html

  • You authorize us and grant an irrevocable, lifetime, transferable, non-exclusive license, for free, to use, copy, transmit, distribute, modify, create derivative works, adapt, exclude, under-license, combine with other ideas or works, publish, translate, publicly conduct and exhibit your “User Contributions” (or any modifications to it), total or partially, in any known format or means now or posteriorly developed and (b) use (and allow others to use) your “Submission of User” in any way and to any commercial purpose (including product, service, or publicity).

15. Disclaimer of Liability

FordPass and/or any of its features may be unavailable, inaccurate or interrupted periodically for many reasons out of our control (network failures, interferences from atmosphere, topographic conditions, geographical restrictions, etc). WE ARE NOT RESPONSIBLE FOR ANY DAMAGE FROM UNAVAILABILITY, INTERRUPTIONS OR ERRORS OF FORDPASS OR ITS FEATURES BY THE MENTIONED REASONS.

We can modify, suspend, or interrupt FordPass. If suspension or interruption of FordPass occurs due to our liberality, you may be previously notified about it.

FordPass and all information accessible by it are provided only for information purposes on a basis “as they are” and “as available”. We, our information providers and their agents do not make declarations or guarantee of any type, explicitly or implicitly, including, among others, precision, currency or completeness, operation of FordPass, information, materials, content, availability and products.

WE, OUR INFORMATION PROVIDERS AND THEIR AGENTS DO NOT ASSUME RESPONSIBILITY FOR ANY (I) ERROS, MISTAKES OR INACCURACY OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE, RESULTING FROM ITS ACCESS AND USE OF FORDPASS, (III) ANY NON-AUTHORIZED ACCEESS OR USE OF OUR SAFE BROWSERS AND/OR ALL AND ANY PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED IN IT, (IV) ANY INTERRUPTION OR DISCONTINUATION OF TRANSMISSION OF FORDPASS, (V) ANY BUGS, VIRUS, TROJANS OR SIMILARS WHICH MAY BE TRANSMITTED BY ANY THIRD-PARTY TO OR BY FORDPASS, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR BY ANY LOSS OR DAMAGE OF ANY TYPE AS A RESULT FROM THE USE OF ANY CONTENT POSTED, SENT BY E-MAIL, TRANSMITTED OR OTHERWISE MADE AVAILABLE BY FORDPASS.

WE DO NOT GUARANTEE, ENDORSE OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ANOUNCED OR OFFERED BY A THIRD-PARTY BY FORDPASS OR ANY WEBISTE IN HYPERLINK OR APPLICATION SHOWED IN ANY BANNER OR OTHER PUBLICITY. WE WILL NOT BE PART OF A TRANSACTION BETWEEN YOU AND THIRD-PARTY SUPPLIERS OF PRODUCTS OR SERVICES, NEITHER WILL BE RESPONSIBLE FOR THESE. REGARDING A PRODUCT OR SERVICE PURCHASE BY ANY MEANS OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGEMENT AND BE CAREFUL WHEN ADEQUATE, SPECIALLY OBSERVING REQUIRED CAUTIOUS TO PURCHASE GOODS AND SERVICES IN DIGITAL MEDIA.

WE ARE NOT RESPONSIBLE FOR EVENTUAL DAMAGES TO YOU OR THIRD-PARTIES FROM THE IMPROPER USE OF FORDPASS, SPECIALLY, BUT NOT LIMITED TO, THE USE OF FORDPASS WHILE DRIVING A VEHICILE AND IN NON-COMPLIANCE WITH TRAFFIC LEGISLATION APPLICABLE AND/OR THESE TERMS.

16. General Provisions

This Term, along with any additional terms, in special to Privacy Policy of FordPass, which you agree with when using FordPass, constitute the totality of the agreement referring to FordPass and any services. These Terms are ruled by Brazilian legislation and interpreted in conformity with them, except for any of your provisions of conflict of law.

In case of use of FordPass in other places, the user will be entailed to the local laws and will be responsible for its fulfillment when using the app, and should not use it in places where any product or service offered by it is forbidden. We do not assure that FordPass is adequate and/or available for use in other places.

17. Contact Us

If you have any questions, comments or complaints referring to FordPass, you can contact us finding your local contact information visiting this website http://corporate.ford.com/our-company/country-websites, or contacting us in USA by:

Telephone
800-392-3673 (USA)
800-232-5952 (TDD to hearing impaired)
800-565-3673 (Canada)
Available
8:00 a.m. – 5:00 p.m. EST
Monday – Friday

Mailing Address
Ford Motor Company
Customer Relationship Center
P.O. Box 6248
Dearborn, MI 48126

And in Brazil:

Telephone
0800 703 3673
0800 703 FORD
Available
Mon - Fri (7am - 9pm)
Sat (8am - 2pm)

Mailing Address
Ford Motor Company
Avenida Taboão, 899 - Prédio 6
São Bernardo do Campo - São Paulo
CEP 09655-900
Caixa Postal Interna: 9308