2.1. The scope of the individual Services, their terms and availability are described in detail are available in My BMW app (hereinafter "Service Descriptions"). The BMW Connected Drive services will be available to the Customer in India only.
2.2. Depending on the vehicle generation, it may be necessary to log in to the vehicle with the BMW ID for the full range of functions of certain Services; details on this have been specified in the respective Service Descriptions.
2.3. The term of the BMW ConnectedDrive Services shall be with limited duration only. The term of the Service is a maximum of three years from the date of sale of vehicle. However, certain services will continue to be available for unlimited period.
2.4. The Services are provided via an online data connection enabled by a SIM installed in the vehicle and are dependent on the functionality and operation of the mobile network for the installed SIM. The Services are therefore partly spatially limited to the reception and transmission of the radio stations for the respective network. The Services can therefore also be affected in particular by atmospheric conditions, topographical features, the position of the vehicle and obstacles such as bridges and buildings.
2.5. Disruptions to the Services may result from force majeure including strikes, lockouts, and official or statutory orders or court orders, as well as from technical and other measures that are necessary, for example, at the facilities of BMW, the suppliers of traffic data or the network operators for the proper operation or improvement of the Services (e.g., maintenance, repair, system-related software updates, extensions). Service disruptions may also result from government restriction, network outages, network short-term capacity bottlenecks due to peak loads on the Services or from disruptions within the area of third-party telecommunications systems. BMW shall make all reasonable efforts to immediately remedy such faults and any faults caused by malfunctions of the operating software of the relevant Service stored in the customer's vehicle (so-called bugs) or to work towards their elimination. In order to rectify faults in a Service, BMW is entitled to make adjustments from back end (e.g. configuration adjustments to the software) by remote access to the vehicle software (hereinafter referred to as "remote action"), provided that all of the following conditions are met:
a) The fault to be rectified has no effect on the operational safety of the customer's vehicle;
b) It is to be expected that the remote measure will permanently remedy the malfunction for the customer's vehicle;
c) The changes made by the remote action are limited to the correction of the fault (although after the correction of faults there may be automatic updates that would have been carried out previously as control processes in a fault-free state); and
d) It is expected that the remote action will not cause undue impairments to the customer. Undue impairments are deemed to exist in particular, if the remote measure will lead to longer-term failures (more than 10 minutes per attempt at a remote measure) or disruptions of other Services, to even short-term failures of other vehicle functions or to the loss of personal settings or data of the customer.
2.6. Subject to the conditions set out in section 2.5 a) - d), BMW is also entitled to carry out remote measures to comply with statutory provisions, to eliminate malfunctions of other operating software stored in the vehicle and to remedy security loopholes.
If a remote measure is not possible for technical reasons, in particular due to poor or interrupted mobile radio reception or due to temporary vehicle conditions in which the implementation of remote measures is technically impossible (e.g. vehicle conditions that are not suitable for carrying out the respective remote measure, such as, depending on the specific remote measure, parking/living/driving; interruption of the measure by the customer locking/unlocking the vehicle during the remote measure; interruption of the remote measure by starting an e-Call), BMW is entitled to repeat the remote measure.
2.7. BMW reserves the right to modify the scope of a Service, provided that such modification is reasonable for the customer regarding the overall scope of the agreed Service.
2.8. BMW may indicate to the customer via the vehicles Central Information Display that Remote Software Upgrades are available which require that the customer confirms the installation of the upgrade via the Central Information Display. Certain Services may not be functional or limited in their functionality until the customer installs the indicated Remote Software Upgrade. Information about the respective upgrades is provided to the customer as part of the notification indicating that the update is available