Terms and Conditions

Terms for FordPass Users in Europe - Malta

Version: 0.4

Terms for FordPass Users in Europe - Malta
(“Terms”)

Version Date: August 2025

Welcome to FordPass, a smarter way to move! FordPass is a new platform that will empower you to rethink the way you travel. Through a collection of personal, digital and physical solutions, FordPass will provide you with more mobility options so you can go further than you thought possible.

Before we get started, we want you to know how FordPass works and we need you to click “I agree” to accept our Terms. Please review carefully. You can use the Table of Contents below to easily move through these Terms:

1. General Information

These Terms govern the access to and use of the FordPass application (“FordPass”) between the individual user of FordPass (hereinafter "you") and Ford Smart Mobility U.K. Limited, Business Unit 2, Broadcast Centre, Here East, Queen Elizabeth Olympic Park, Stratford, London, England, E20 3BS,Company No. 11099683 (hereinafter "Ford", “we”, “us”).

These Terms do not alter in any way the terms of any other agreement you may have with us or another Ford company. These Terms contain important information about FordPass. FordPass is a service that relies on data from you, your mobile device, and your vehicle, such as location and driving characteristics, so we can deliver you great functionality and services, and communications tailored to your interests. Please also consult our Privacy Policy (https://www.fordpass.com/content/ford_com/fp_app/en_mt/privacy.html)in conjunction with these Terms for more information. If you want to retain a copy of these Terms, please visit https://www.fordpass.com/content/ford_com/fp_app/en_mt/terms.html and save or print them. These Terms are also available in FordPass in your Account information. You will also receive a copy of these Terms on a durable medium (e.g. as part of an e-mail) after conclusion of the agreement. Access to and use of FordPass under these Terms is limited to Europe.

1.1. FordPass Agreement

Ford offers basic features and enables access to vehicle related information and ancillary services in separate applets through FordPass ("Services"). The Services available to you are described in Chapter 2 below. To use FordPass features and Services you are required to register and accept these Terms. By registering for FordPass you will create a log in name by entering your e-mail address and a password. The use of some Services may require conclusion of a separate contract and may be subject to respective special contractual terms and conditions ("Special Terms"). Special Terms apply in addition to these Terms.

By opting in (ticking the box) and clicking “I accept”, you agree to be bound by these Terms when using FordPass.

These Terms will take effect as soon as you receive a confirmation by e-mail or at the latest when you are able to use the Services. As soon as the Terms take effect, you are deemed to have concluded an agreement with us.

Registering for FordPass requires you to select your country, to provide your first and last name as well as your e-mail address and to create a password. You have the option to add your mobile phone number and home address. You can also choose to receive marketing communications from us.

Personal details that are closely related to a Service are gathered on an applet-specific screen.

We will amend these Terms from time to time if we believe (in our reasonable opinion) that it is necessary to do so (for example, for security, legal or regulatory reasons, if we change the scope of our available Services or if we introduce new Services). If we increase the scope of our available Services, introduce new Services or if the proposed amendments are favourable to you, the amendments will be deemed to have been accepted by you if we have notified you of the proposed amendments and you have continued using FordPass without objection after the date the amendments are advised to take effect.

Where any proposed new terms reduce Services or restrict or limit your existing rights under this agreement, we will provide you with reasonable advanced notice, which wherever reasonably practicable, will be no less than two months' notice before the proposed amended terms take effect. We will always notify you of proposed changes to terms by email to your current registered email address and may also notify you via push notifications. Within this notification, we will state the date on which the proposed terms become effective.

If you do not wish to accept the change to these Terms you may terminate this Agreement at any time (as set out in Chapter 5 below).

1.2. System Requirements

Use of FordPass requires a compatible mobile telephone or handheld device, internet access (third-party fees may apply), and software (third-party fees may apply), and may require obtaining updates or upgrades from time to time. Contact your mobile phone operator for more information regarding usage rates and fees. For the avoidance of doubt, please note that we do not operate a mobile phone network or provide any such services.

Do not download and install the App on a jailbroken or rooted device. Using a jailbroken or rooted device may expose your mobile device to risks, including but not limited to security vulnerabilities, stability issues, and crashes.

To access certain FordPass Services your Ford vehicle may need to have a compatible SYNC in-vehicle system. If your vehicle is equipped with SYNC, you agree that we may update your SYNC software according to the vehicle software End User License Agreement (“EULA”) provided in your vehicle’s Owner Guide or otherwise by us. You may be able to update your SYNC software through FordPass if you choose. Data usage rates and fees may apply.

Not all features or Services will be available in all markets and coverage may be limited, including due to your vehicle capability and data plan coverage. Availability of features is subject to change and dependent on mobile device and vehicle capability and the internet access available to you. FordPass may be unavailable or interrupted from time to time for a variety of reasons, such as environmental or topographical conditions and data plan coverage.

You are responsible for keeping your FordPass account information and password secret. You should not share your login credentials with anyone else. You are responsible for any unauthorized activity that occurs in your account if you have negligently or intentionally caused the unauthorized activity. You agree to notify us immediately of any unauthorized use of your account or password.

Uninstallation methods vary depending on your device. To uninstall FordPass, you must use the application management tools provided with your device. Consult your device manual for assistance.

If your vehicle has an embedded device, please consult your vehicle’s owner guide to turn-off data transmissions, which may require a Master Reset in the SYNC settings.

2. Services

We may expand the scope of the available Services and/or add new Services to FordPass in the future. Below you can find a detailed description of the services which are currently included in FordPass or will be made available to you in the near future:

2.1. My Dealer

The My Dealer feature allows you to connect with your Ford dealer, schedule services, locate Ford dealers, and get directions to your Ford dealer. By using the locator services you will be subject to the terms provided by the third-party location or mapping service that you use.

All service appointments and vehicle services are the responsibility of you and your Ford dealer. Ford dealers are separate legal entities and we are not responsible or liable for Ford dealers’ activities, including any services you receive from your Ford dealer or the content of Ford dealer websites.

2.2. My Vehicles

The My Vehicles feature may allow you to access certain information related to your vehicle via FordPass. In order to register your car with the My Vehicles feature, you will need to enter your VIN number. You must be an authorized user of a vehicle in order to link your FordPass account to the VIN of a vehicle you do not own or lease, which may have to be approved by a primary account holder and authenticated in the vehicle. You may remove your VIN from FordPass at any time; however any removal of the VIN may affect certain FordPass features.

The My Vehicles feature also may allow you to view how-to videos about your vehicle. In order to view these videos, FordPass will link to the Ford website (http://www.ford.com.mt/). This website is operated by Ford but may have unique terms and conditions. Please review the terms and conditions and privacy policy for the Ford website prior to viewing any how-to videos. Your use of the how-to videos is at your own risk. Please use these videos with caution and never attempt to perform vehicle maintenance that may require a professional.

Please note that the information provided in My Vehicles is for convenience purposes only. The information displayed in My Vehicles may not reflect the actual and/or current status of your vehicle. Please refer to the instruments and displays in your vehicle for the accurate current status of your vehicle.

Please be aware that it is the driver's responsibility to ensure that your vehicle is in proper working condition.

2.3. FordPass Perks

When you register with FordPass you are automatically enrolled in FordPass Perks. FordPass Perks includes special offers and other promotions, which may be based on things you do through FordPass. You do not have to use FordPass Perks in order to use other parts of FordPass. The type and frequency of offers and promotions will vary, and each one is subject to its own terms or rules. FordPass Perks is separate from any other loyalty programs offered through us or our affiliates. FordPass Perks is subject to change at any time, and some features may not be available on all vehicle makes and models.

You agree to receive FordPass Perks communications from Ford, your authorized dealership, and affinity partners, which may be customized based on personal information you provide to us through FordPass, such as location and driving characteristics.

Chapter 7 on data protection and data privacy applies in particular to FordPass Perks.

2.4. Operate

(1) Your vehicle when equipped with an embedded modem may have the ability to access certain operational features through the FordPass app, including locking and unlocking the doors, remote start and remote stop, if allowed in your country. These features may not be available on all vehicle makes and models.

For applicable models, remote start causes the alarm to enter "reduced guard mode" turning off interior motion sensing and inclination sensing during remote start to avoid false alarms. Perimeter alarm will stay active. Double-locked doors will revert to central lock during remote start, as a safety precaution.

(2) FordPass Connect, and optional feature on select vehicles (includes SYNC Connect service for two years from the original vehicle sale date as recorded by the Ford Dealer), is required for certain features. FordPass Connect subscription fees may apply after two years. In this case, these fees would be subject to a seperate agreement and Ford would contact you on this.

(3) Always take your key or key fob with you when you leave your vehicle. Remote unlock may not funcion during service interruptions or if the battery is too low.

(4) In some cases, you may need to install the newest version of the App before you can use FordPass again. Make sure that you can always access your vehicle even if you can't access FordPass (e.g. in the event that the unlock feature in the app is not working).

(5) Certain FordPass features may require your vehicle to have a compatible SYNC in-vehicle system or an embedded modem ("Software"). If your vehicle is equipped with Software, you agree that we or our affiliates or service providers may remotely check and automatically update your Software according to the vehicle software End User License Agreement ("EULA") provided in your vehicle's Owner Guide or otherwise by us. You may be able to update your Software through FordPass if you choose. You further agree that Ford, its affiliates, service providers, and/or designated agents may periodically check the version of the Software and may remotely deliver Software updates, upgrades, supplements, or changes to the Software without any further notice or additional consent. Data usage rates and fees of your telecommunication service provider may apply.

(6) Not all features or services will be available in all markets and coverage may be limited, including due to your vehicle capability and data plan coverage. Availability of features is subject to change, and also depend on your mobile device and vehicle capability and the internet access available to you. FordPass may be unavailable or interrupted from time to time for a variety of reasons, such as environmental or topographical conditions (e.g. tunnel, garage, scheduled maintenance of Ford back end server etc.) and internet or data plan coverage.

(7) If your vehicle has embedded connectivity and you connect your vehicle through FordPass, your vehicle will continue transmitting data to Ford even if you uninstall FordPass. If you want to turn off data transmission from the vehicle, please consult your vehicle’s owner guide to turn-off data transmissions, which may require a Master Reset in the SYNC settings.

(8) If equipped, the vehicle status feature may allow you to view certain notifications on FordPass, regarding Vehicle Health Alerts. These alerts may include electric battery health, fuel level, fuel consumption, odometer, tyre pressure, VIN number, and other diagnostic information. These notifications should not be used or relied upon in place of normal vehicle maintenance. If at any time you believe there may be an issue or problem with your vehicle, consult with a professional for diagnosis and required maintenance.

3. FordGuides

The FordGuides feature allows you to connect with a Guide via phone, live chat or email if you need any support on using the various FordPass benefits and mobility solutions. Please note that FordPass assumes no liability for the call quality or internet connection provided by your network supplier. Please note that the contact to FordGuides may incur third-party fees charged by your network provider in accordance with your agreement. Using FordPass or FordGuides service from abroad may result in additional roaming charges.

FordPass will allow you to provide contact information for a Guide to contact you via phone or email. By signing up and agreeing to the Terms and Conditions for FordPass, a FordGuides may ask you to verify your phone number or email address. If you provide your personal contact information, you are expressly consenting to a FordGuides contacting you. All your personal data and information provided within FordPass or to the FordGuides will be treated confidentially according to applicable data protection legislation. FordGuides will not ask you to reveal your password or PIN at any time.

4. Roadside Assistance

In the case of vehicle breakdown, you can make a voice call to an emergency service centre via the Roadside Assistance function. Any resulting communication costs, which may vary depending on country and supplier, shall be borne by you for this purpose.

This function is only possible if you have given your consent when requested within the App to transmit their current location. The emergency service centre will use this information to verify your location. Ford does not receive or process this data. An internet connection is required to use the App with the location transmission function; any costs incurred shall be borne by you.

The location can only be transmitted if your mobile device can identify a valid location. The position transmitted by you cannot be used to infer your exact location in a building (ie. flat, floor, etc.).

Ford aims to provide the call service to the emergency service centre at as low a price as is realistically possible. You may be required to pay for any breakdown assistance service provided as a result of using this function.

Ford does not accept any responsibility or liability for the disclosure of your data due to errors in data transmission and/or unauthorized access by third parties.

5. Term

This agreement will continue until it is terminated by you or us. You may terminate this agreement at any time for any reason by giving us written notice (including email) that you wish to close your FordPass account. We will then process your request and ensure that your account is closed and all data connections to the FordPass platform are severed.

We may terminate this agreement, or suspend temporarily part of all of your access to the app features at any time (acting reasonably) by written notice (including by e-mail to your current registered email address) for reasons including (but not limited to) the following:

you commit a serious or persistent breach of a term which you fail to remedy (if remediable) within 5 days after the service of written notice requiring you to do so;
circumstances arise where (in our reasonable opinion) such action will mitigate an identified risk or prevent FordPass from being abused, manipulated or otherwise undermined by you; or
where we decide to no longer offer any Services through Ford Pass.

Upon termination of this agreement, we shall close your FordPass account and are entitled to retrieve any user ID that you created for use by other users.

6. Vehicle Safety

Warning: We strongly recommend against the use of any hand-held device while driving. Do not use FordPass while driving. Please note that the use of a hand-held device while driving is prohibited under applicable road traffic laws and regulations.

Accessing or using FordPass on hand-held devices while driving could distract your attention away from the road and result in loss of vehicle control, crash and injury to you and others. FordPass may send messages or push notifications to your mobile phone. Do not read messages on hand-held devices while driving.

7. Data protection and data security

Ford as the data controller collects, stores, processes, and uses your personal data, including driver-related usage and vehicle data, provided that this is necessary for providing the Services offered through FordPass in accordance with these Terms.

8. Communications

If you choose to communicate with us, you expressly consent to our representatives contacting you in the manner you request. You can choose whether or not to receive push notifications in your device settings. For details see our Privacy Policy (https://www.fordpass.com/content/ford_com/fp_app/en_mt/privacy.html).

9. Special Terms and Third Party Materials

9.1. Special Terms

The use of some Services may require that you enter into a separate agreement with us or one of our Ford Partners. Special Terms may apply to separate agreements. Such agreements will be between you and one of our Ford Partners and will not involve us.

If Special Terms apply to a Service, the applicable Special Terms will be presented to you prior to the first use of the Service and you will be able to retain a copy. You will be asked to accept the Special Terms if you want to use the Service. If you decline to accept the Special Terms, you cannot use the Service to which the respective Special Terms apply. Only the Special Terms which you have accepted are binding and apply to your use.

9.2. Third Party Materials

FordPass may also contain links to third-party websites or services (that are not governed by Special Terms) that are not owned or controlled by us, including but not limited to links to websites for our Ford Partners (“Third-Party Service”). We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any Third-Party Service. In addition, we will not and cannot censor or edit the content of any Third-Party Service. When using a Third-Party Service, you will leave the FordPass platform. You should always read the terms and conditions and privacy policy of each Third Party Service that you visit when you leave FordPass. We will indicate when you are using a Third-Party Service. You will always know whether you are using our Services or Third-Party Services.

FordPass may use data from third party sources, such as maps and directions, to provide Services. This data and other information may not always be accurate. Terms applicable to location based services to which you will be bound by using FordPass include:
http://here.com/services/terms
http://here.com/privacy/privacy-policy/
https://legal.here.com/terms/supplier-requirements/hlp-developers/
https://policies.google.com/terms?hl=en-GB
https://policies.google.com/privacy?hl=en-GB

Terms applicable to live-traffic services to which you will be bound by using FordPass include:
https://legal.here.com/terms/serviceterms/gb/
https://legal.here.com/privacy/policy/
https://policies.google.com/terms?hl=en-GB
https://policies.google.com/privacy?hl=en-GB

In case of discrepancies, the Terms shall prevail over the terms applicable to location based services.

FordPass may contain or rely in part on certain free, shared, or public library software (“Open Source Software”). Please refer to the posted Open Source Software acknowledgements located at http://corporate.ford.com/ford-open-source.html for more information on any obligations or restrictions that may apply to the use of Open Source Software.

10. Limited Licenses

FordPass (including all software, content and data) is owned by us or used under license. FordPass is protected by worldwide copyright, trademark, patent, trade secret, or other proprietary rights whether or not a copyright notice or other proprietary mark is present. You agree to comply with all copyright laws in your use of FordPass, including preventing any unauthorized copying. Except as expressly provided herein, we do not grant any express or implied proprietary rights to FordPass.

Subject to your compliance with these Terms, we grant you a non-exclusive, non-transferable, limited right to access, view, use, display and listen to FordPass for your personal, non-commercial use only.

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

you may not, nor allow third parties to, create derivative works, use any data mining, robots, or similar data gathering and extraction tools on FordPass, create a database, systematically download, store any or all of the materials from FordPass or websites, link or frame any portion of FordPass, extract, derive or attempt to extract or derive any source code or structure of all or any portion of FordPass by reverse engineering, disassembly, decompilation or any other means;
you may not use FordPass in any manner that is unlawful, abusive, defamatory, deceptive, or invasive of another’s privacy, nor may you abuse anyone on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
you may not use FordPass with other content or in a manner that impersonates any person, business or entity, including us;
you may not interfere, try to interfere, disrupt, or try to disrupt our servers or networks, or disobey any of our network access or security requirements;

11. Trademark Notice

The Ford name, and all trademarks and logos displayed on FordPass are owned or used under license by us. The unauthorized use of any trademark displayed on FordPass is prohibited.

12. Liability

Ford will use reasonable skill and care to ensure that FordPass is safe and secure to use and to prevent it from causing damage to your device or any other digital content stored on your device. However Ford cannot guarantee that FordPass will be safe, secure or free from bugs or viruses or other malicious programs.

Ford will use reasonable skill and care in providing any Services that it provides directly to you.

Ford does not accept liability for any loss or damage which arises from your breach of these terms.

Ford is not liable for any Services provided to you by a third party under a separate agreement.

Except as set out otherwise in these Terms or the terms governing any Service provided directly by us ("Ford Terms"), Ford will only be liable to you to the extent that any loss or damage that you incur results from our failure to comply with our obligations under Ford Terms in relation to use of the App or any Services, and we otherwise exclude all conditions, warranties, representations or other terms, express or implied, which may apply to the use of FordPass and/or the Services.

Ford cannot guarantee that FordPass and/or the Services will be available uninterrupted and in a fully operating condition at all times and will not be responsible for any failure or delay in performing our obligations under the Terms if such failure or delay results from any events, circumstances or causes beyond our reasonable control. In these circumstances we will be entitled to a reasonable extension of time for performing our obligations. Ford also maintains the right to modify the app as it wishes. Except as set out elsewhere in these Terms, we will not be liable to you in the event that any part of the app or any Services provided by us are unavailable or modified in any way.

You agree to use this App and the Services for your personal use and shall not use either the App or the Services for commercial, business or resale purposes. We are not liable to you for any losses you suffer when using FordPass or the Services other than as a consumer.

For the avoidance of doubt, we will only be liable for those losses which are reasonably foreseeable as a consequence of the breach.

Nothing in this agreement shall limit Ford's liability for:

death or personal injury resulting from Ford's negligence;
fraud or fraudulent misrepresentation; and
any other liability that cannot be excluded or limited by applicable laws.

13. Governing law

This agreement is governed by the local law of your country of residence at the time of the conclusion of this agreement.

14. Contact Us

If you have any questions, comments, or claims regarding FordPass you may contact us by finding your local contact information by going to this website http://corporate.ford.com/our-company/country-websites, or you can use the contact details below for any questions, comments, or claims regarding FordPass.

E-mail

FPMLT@ford.com

Contact Address

Ford Smart Mobility U.K. Limited,
Business Unit 2, Broadcast Centre, Here East, Queen Elizabeth Olympic Park, Stratford, London, England, E20 3BS, Company No. 11099683

15. Sale or transfer

If you decide to sell your vehicle (or otherwise permanently transfer your ownership of the vehicle or your contractual right to use the vehicle) to another person, you must: (i) unsubscribe from FordPass (including all Services and Subscriptions); and (ii) perform a Master Reset of the vehicle. Master Reset will disconnect the vehicle from all FordPass accounts that have the same vehicle registered with them.

If you have a Wallbox registered to your FordPass account and decide to sell your Wallbox (or otherwise permanently transfer your ownership of the Wallbox or your contractual right to use the Wallbox) to another person, you must disconnect your Wallbox from FordPass.

Schedule 1 – Data Act Terms

In addition to these Terms generally, this Schedule 1 governs Ford’s rights and obligations (as data holder) and your rights and obligations (as user of the connected product(s) and/or related service(s) registered to your FordPass account, “Authorized User”) under Regulation (EU) 2023/2854 of the European Parliament and of the Council of 13 December 2023 on harmonised rules on fair access to and use of data (the “Data Act”).

1. Definition and Scope of this Schedule 1

1.1. The following terms have the meanings given to them in the Data Act: ‘connected product’, ‘data holder’, ‘data recipient’, ‘readily available data’, ‘related service’, and ‘user’.

1.2. Specifically, in this Schedule 1: (i) connected products refer to the connected vehicle(s) and/or other connected product(s) (for example, Wallboxes) registered to your FordPass account; and (ii) related services refer to the FordPass app, as well as any other service(s) and/or subscription(s) that are registered to your FordPass account or that you use or receive in relation to any connected product(s) registered to your FordPass account.

1.3. This Schedule 1 applies to the raw and pre-processed data generated on or after 12 September 2025, by the use of the connected products and related services registered to your FordPass account, that are readily available to us (“Data”). Data may include personal and non-personal data. In respect of any Data that is personal data, our Privacy Policy will continue to apply, and in case of any conflict between this Schedule 1 and our Privacy Policy, our Privacy Policy will prevail in respect of any personal data.

2. Data Act disclosures

You acknowledge that you have received and/or reviewed the information about the Data and metadata available to you under the Data Act and how you may access or share such Data, which information is published and available on your local Ford website (in the Terms & Privacy Policy hub and the Support pages). You agree to utilise the procedures outlined in the Ford website to access the Data or to share the Data with a third party located in the European Union with whom you choose to share the Data (such third party, a ‘data recipient’) in accordance with your rights under the Data Act. If you fail to utilise these procedures, it may cause delay in us processing such request or we may be unable to process such request.

3. Authorised Users

3.1. Where there are multiple FordPass accounts that are linked to the same connected product and/or related service registered to them, we will recognise each such FordPass account holder as an “Authorised User” of such connected product and/or related service.

3.2. Each Authorised User will have rights to the Data generated by the use of the connected product(s) and/or related service(s) registered to their FordPass account. Each Authorised User can also access such Data or share such Data with a data recipient they choose that is located in the European Union. Each Authorised User can also terminate the sharing of the Data with any data recipient (including the data recipient you shared the Data with).

3.3. You are responsible for notifying and obtaining the consent of each user of a connected product and/or related service before seeking to access the Data that may be generated by their use of the connected product and/or related service, or share such Data with a data recipient.

4. Your access to the Data

In accordance with your rights under the Data Act, you (or someone acting on your behalf) can access the Data by utilising the procedures set out on the Ford website. Upon receiving your request for access, we will rely on your FordPass account details to verify your rights to the requested Data. In certain cases, we may need to ask you to provide additional information, but we will only ask you for information that is necessary for this purpose. Once your request has been verified, we will process your request and make the requested Data available to you in accordance with the requirements of the Data Act.

5. Sharing the Data with a data recipient

5.1. In accordance with your rights under the Data Act, you (or someone acting on your behalf) can share the Data with a data recipient of your choice that is located in the European Union, by utilising the procedures set out on the Ford website. Upon receiving such request, we will rely on your FordPass account details to verify your rights to the Data. In certain cases, we may need to ask you or the data recipient to provide additional information, but we will only ask for information that is necessary for this purpose. Once your request has been verified, we will process the request, and where the request was for Ford to share the Data directly with the data recipient, we will do so in accordance with the requirements of the Data Act.

5.2. Where we share the Data directly with a data recipient upon your request, such data recipient will be subject to our terms and conditions. In accordance with and to the extent permitted under the Data Act and other applicable law, we may charge compensation (which may include a margin) to such data recipient, for making the Data available to them and may set or change this compensation at any time. However, we will not charge any compensation to you.

5.3. Separately from our terms and conditions to which the data recipient will be subject, you must have a contract with the data recipient regarding the data recipient’s processing of the Data, and ensure that the data recipient will only process the Data they receive for the purposes and under the conditions agreed with you in such contract. We will not independently verify or diligence the data recipient. We will not be responsible or be held liable for: (i) your choice of the data recipient; (ii) the absence of such contract between you and the data recipient; or (iii) any claims, damages or losses arising from or in connection with (i) or (ii), to the extent permitted by applicable law.

6. Trade secret protection

6.1. Data may contain trade secrets of Ford or its affiliates. To the extent Data you receive from us or share with any data recipient contain any trade secrets, you agree to protect such information from unauthorised use, access and disclosure, and to take reasonable organisational and technical steps to maintain the secrecy and confidentiality of such information. This includes, at a minimum: (i) restricting access to individuals within your household or organisation with a legitimate need to use, access or receive such trade secrets; (ii) informing any recipients of the secret and confidential nature of such trade secrets and ensuring they are bound by equivalent obligations to protect the secrecy and confidentiality of the trade secrets (including equivalent use and access restrictions); and (iii) complying with any other measures that are necessary and proportionate to preserve the secrecy and confidentiality of the trade secrets (including but not limited to confidentiality agreements, access protocols, technical standards and/or the application of codes of conduct) (collectively, Trade Secret Protection Measures”).

6.2. You must implement and maintain all Trade Secret Protection Measures and must not alter or remove such measures unless agreed by Ford in advance in writing. Where the Trade Secret Protection Measures do not suffice or do not provide adequate protection of the trade secrets, Ford may: (i) unilaterally add, change or increase the level of any Trade Secret Protection Measures that Ford applies (provided they do not negatively affect Your access or use of the Data); and (ii) request You to implement and maintain additional measures that are necessary to protect the trade secrets.

6.3. In accordance with the Data Act, where:; (i) You fail to implement and maintain any Trade Secret Protection Measures agreed with Ford; or (ii) You otherwise undermine the confidentiality of any trade secrets, Ford may withhold or suspend the sharing of Data identified as trade secrets. In exceptional circumstances, Ford may refuse a request for access to the specific trade secret Data in question provided such refusal is in made in accordance with Article 5 of Data Act.

6.4. You will promptly inform Ford about any circumstance of event which may reasonably be considered to jeopardize the secrecy or confidentiality of any trade secrets, and use all reasonable means to (i) prevent such circumstances from occurring, (ii) minimise the impact of such event, and (iii) restore the secrecy and confidentiality to the trade secrets. You further agree to destroy or permanently delete any trade secrets at the conclusion of the business relationship or when they are no longer necessary.

7. Unauthorised use or sharing of the Data

Subject to the conditions below, you may use the Data that we make available to you for any lawful purpose and/or, to the extent the Data is transferred to you or can be retrieved by you, share the Data freely. However, you must not do any of the following:

(i) use the Data to develop a connected product that competes with any connected products in scope of this Schedule 1, nor share the Data with a third party for that purpose;
(ii) use the Data to derive insights about the economic situation, assets and production methods of Ford, its suppliers or affiliates;
(iii) use coercive means to abuse gaps in Ford’s technical infrastructure that is designed to protect the Data, in order to obtain access to the Data;
(iv) share the Data with a third party considered as a “gatekeeper” under Article 3 of Regulation (EU) 2002/1925 (known as the “Digital Markets Act”); or
(v) use, disclose or share any trade secrets information (if any) in a manner not compliant with the requirements of clause 6 (Trade secret protection).

8. Transfer of use

If you sell or otherwise permanently transfer your ownership of, or your contractual right to use, any connected product to another person, you must disconnect such connected product from your FordPass account (for connected vehicles and Wallboxes, this must be done in accordance with the steps outlined in Chapter 15 (Sale or Transfer) of these Terms). Upon the connected product being disconnected from your FordPass account, you will cease to be an Authorised User of such connected product and/or related service.

9. Use of non-personal data by Ford

9.1. To the extent any non-personal data is collected by Ford about you, your connected product(s), or related service(s) used by you, we may use, process, or share such non-personal data for the following purposes:

(i) to provide and maintain the connected products (including product features) and/or related services, including monitoring and improving the quality of our products and services (e.g., including prognostics);
(ii) to perform any agreement with you or activities related to such agreement;
(iii) to process requests, queries, questions, or complaints from you regarding the connected products and/or related services (including support and troubleshooting, fixing or preventing issues);
(iv) to ensure safety and security (including cybersecurity) of the connected products and/or related services;
(v) for research, development and marketing of our products and services;
(vi) to comply with applicable law; and
(vii) for other purposes, as may be allowed under applicable law.

9.2. We will use appropriate systems, policies, procedures, and technology to protect and maintain the security and accuracy of your Data. You must not remove or alter such systems or technology unless agreed by Ford in advance in writing.

10. Additional users

10.1. If you enter into a contract to grant another person a right to use a connected product and/or related service (for example, you rent or lease a connected vehicle you own to another person), and you do not authorise such person to become an Authorised User of such connected product and/or related service (such person, an “Additional User”), we will not be able to verify the Additional User’s right to the Data.

10.2. You will be responsible for ensuring that each Additional User agrees to our use of non-personal data as set out in clause 9 (Use of non-personal data by Ford) and is bound by the same obligations you have under clause 6 (Trade secrets protection), clause 7 (Unauthorised use or sharing of the Data), and this clause 10 (Additional users).

10.3. You will be responsible for: (i) acting as the point of contact in relation to all requests from Additional Users to access the Data or share the Data with any data recipient; and (ii) making such requests on behalf of each Additional User. When doing so, you will be responsible for:

(i) verifying each Additional User’s right to the Data which they are requesting to access or share (e.g., confirming that the Additional User has the contractual right to use the connected product and/or related service to which the Data relates, and that they have the right to request and/or receive the Data including any personal data);
(ii) ensuring that other users of the connected product and/or related service to which the requested Data relates have given consent to the Data being shared with the Additional User or with a data recipient chosen by the Additional User;
(iii) only making the request for the Data to which the Additional User has rights to;
(iv) where the Additional User has asked for the Data to be shared with a data recipient:

(a) obtaining their consent to share the Data with the data recipient they have chosen;
(b) making them aware of the information in clause 5.2 that Ford may charge compensation (which may include a margin) to the data recipient;
(c) making them aware of their responsibilities and the limitation of our liability, as set out in clause 5.3; and

(v) keeping accurate and up-to-date records of each request you make on behalf of any Additional User including any consents obtained in respect thereof, and sharing such records with us upon our request.

11. Liability

11.1. Ford will not be responsible for, and will not accept liability for any loss or damage which arises from or in connection with your breach of the terms of this Schedule 1.

11.2. To the extent permitted under applicable law, if your breach of your obligations under clause 3 (Authorised Users), clause 6 (Trade secret protection), clause 7 (Unauthorised use or sharing of the Data), clause 8 (Transfer of use) or clause 10 (Additional users) leads us to suffer or incur any losses, costs, expenses, damages, liability or claims, you will indemnify us and hold us harmless against such losses, costs, expenses, damages, liability or claims.

11.3. You acknowledge that, if you breach the terms of this Schedule 1, money damages may be inadequate for Ford (e.g., if you breach your obligations to protect our trade secrets under clause 6 (Trade secret protection)). You agree that nothing in these Terms prevents Ford from seeking to enforce its rights by an action for specific performance, injunctive and/or other equitable or interlocutory relief in any court.

12. Interpretation

12.1. Any provision in this Schedule 1 must be interpreted so as to comply with the Data Act and other European Union law or national legislation adopted in accordance with European Union law, as well as any applicable national law that is compatible with European Union law and cannot be derogated from by agreement. If any gap or ambiguity in this Schedule 1 cannot be resolved in such a manner, this Schedule 1 must be interpreted in the light of the rules of interpretation provided for by the governing law.

12.2. Any provision in this Schedule 1 shall only apply to the extent permitted under applicable law.

12.3. Unless otherwise indicated: (i) the word ‘including’ means ‘including without limitation’ or ‘including, but not limited to’; (ii) words in the singular or the plural include the plural or the singular, as the case may be; and (iii) headings are for convenience only and does not affect interpretation.

13. Governing law and disputes

13.1. This Schedule 1 is governed by the local law of the European Union member state in which you are resident or are established at the time of acceptance of these Terms.

13.2. We will use our best efforts, and you will use your best efforts, to resolve any disputes relating to this Schedule 1 amicably, and, before bringing any case before a court or tribunal, to submit any dispute to a dispute settlement body in a European Union member state that fulfils the conditions of Article 10 of the Data Act. Such submission of a dispute to a dispute settlement body does not, however, affect your right to lodge a complaint with the national competent authority designated in accordance with Article 37 of the Data Act, or our right or your right to seek an effective remedy before a court or tribunal in a European Union member state.

14. Miscellaneous

14.1. Any notice you send to us under this Schedule 1 must be sent in accordance with Chapter 14 (Contact Us) of these Terms.

14.2. We may unilaterally change the specifications of the Data characteristics or the access arrangements from time to time. We will give reasonable notice of the change to you before the changes takes effect. A shorter notice period may suffice where: (i) the change does not negatively affect data access and use by a data recipient, or (ii) such notice would be impossible or unreasonable in the circumstances.

14.3. This Schedule 1 is effective from when you accept these Terms until your FordPass account is closed and all data connections to FordPass platform are severed.

14.4. The provisions of clause 6 (Trade secret protection), clause 7 (Unauthorised use or sharing of Data), clause 11 (Liability), clause 12 (Interpretation), clause 13 (Governing law and disputes), clause 14.1 and this clause 14.4 shall survive termination or expiry of these Terms.