These terms of service ("OTA Terms") apply to the use of the Vehicle Over-the-Air update services provided by ZEEKR ("Update Services") continuously in the ZEEKR vehicle ("Vehicle") and ZEEKR APP ("APP").
The Update Services are provided by Hangzhou ZEEKR Automobile Sales and Services Co., Ltd., unified social credit code 91330102MA2KJJ1J6Y, with address Building 4, No. 262 Nanshan Road, Shangcheng District, Hangzhou City, Zhejiang Province, the People’s Republic of China ("ZEEKR", "we", "our" and "us") to the user of the Update Services ("user", "you" or "your").
In case of any conflict or discrepancies between the Vehicle Terms of Use and the APP Terms of Use and these OTA Terms, the OTA Terms prevail.
When you use the Update Services, you must agree to these OTA Terms. We ask you to read the OTA Terms carefully before you start using the Update Services. If you do not accept the OTA Terms, please refrain from using the Update Services.
For information regarding the personal data collected and processed in connection with the Update Services, please read the Vehicle Privacy Policy and the APP Privacy Policy.
1.1 Welcome to the Update Services. The Update Services we provide to you are aimed to (i) improve access to and use of the Vehicle functions, including to add new features, (ii) adapt the Vehicle functions to changed legal requirements as necessary, (iii) adapt the Vehicle functions to an increased number of users, and/or (iv) improve security of the Vehicle.
1.2 Your Vehicle will automatically download the data package required for each update provided through the Update Services. Your Vehicle will notify you via the infotainment system and/or the APP when an update is available to install and request your consent prior to installing. If you agree to these OTA Terms, you can decide to install the update immediately or schedule the installation to a later time. Please note that if the conditions in Section 2 are not met for Vehicle Update Services at the scheduled installation time, you will receive a notification that the installation failed. You will then have to agree to these OTA Terms again and schedule a new installation time.
1.3 The Update Services may cause changes in the way some Vehicle features operate. However, not in a way that fundamentally changes the Vehicle features. Therefore, before using the Update Services, please make sure that the prerequisites for the Update Services as set out below in Section 2 for Vehicle Update Services are met and please be sure to carefully read the corresponding update instructions and the Vehicle Terms of Use to ensure that the Vehicle is in a state suitable for updates as required. Please also ensure that you understand the contents of the update, precautions and potential impacts, and thereafter proceed according to the relevant notifications of the Update Services, as adjusted from time to time. If you have any questions about the Update Services, please contact us at zeekr.tech_support@zeekrlife.com before starting the use of the Update Services.
1.4 The Update Services vary in scope. You will receive the detailed information on available Update Services in the message shown in the infotainment system of the Vehicle and/or APP, or the associated release notes.
1.5 By using the Update Services, you confirm that you are the legal owner or user of the Vehicle and have the right or have been authorized to use the Update Services.
1.6 If you fail to install updates supplied by us through the Update Services within a reasonable time , we shall not be liable for any lack of conformity resulting solely from your failure, provided that: (a) we have informed you about the availability of the update and the consequences of your failure to install it and (b) you failed to install the update or your installation of the update was unsuccessful, provided that such failure or incorrect installation was not due to shortcomings in the instructions provided by us.
1.7 Once the Vehicle has been updated, it is not possible to downgrade the Vehicle to its previous state. If you disassemble, reverse engineer or flash the Vehicle in any form, it may lead to the failure of the Update Services, and we will not bear the related losses caused by it. After using the Update Services, some data stored in your Vehicle (such as preference settings, etc.) may be restored to default.
1.8 No provisions in these OTA Terms will limit the user's rights pursuant to applicable mandatory law.
2.1 Before using the Update Services, please ensure that the Vehicle meets the following conditions:
The Vehicle is in a safe location (safe location refers to the location where vehicles are allowed to park according to applicable road traffic safety laws and regulations, including but not limited to public/designated parking lots, parking spaces designated by traffic police departments, private parking spaces);
The Vehicle is in a parked state (P gear);
The Vehicle is locked;
The high-voltage battery power is greater than 20%;
The windows, sunroof, doors and tailgate of the Vehicle are closed;
No persons or animals are in the Vehicle; and
The Vehicle has an active network connection to the internet and the network of the Vehicle is not blocked.
3.1 Before using the Update Services, please pay special attention to the following precautions:
During the Update Services, the Vehicle will be unusable, and all electronic and electrical equipment will be temporarily disabled, including safety monitoring functions (such as high-voltage battery thermal runaway alarm function), blower and internal and external circulation functions;
Since electronic and electrical equipment will be temporarily disabled, please make sure that no one stays in the Vehicle during the Update Services, otherwise it may cause danger to people in the Vehicle;
During the Update Services, you will not be able to use the remote control key to open and close the door locks of the Vehicle. You can still use the mechanical key to open and close the door locks, and at the same time, you can open the doors from inside the Vehicle;
The Update Services may consume the network traffic of the Vehicle;
During the Update Services, the Vehicle may experience a short-term failure prompt, and the Vehicle display may be temporarily turned off.
3.2 If the Update Services displays a failure message (other than such a notification of failed installation referred to in Section 1.2), please contact us at zeekr.tech_support@zeekrlife.com , and immediately stop using the Vehicle to avoid personal injury and property damage.
3.3 Please notice that ZEEKR is not a provider of internet access and that you need to enter into a separate agreement with a telecommunication vendor for the internet access. ZEEKR may however provide free data traffic through a service partner for the Update Services, in which case ZEEKR will provide additional information.
4.1 Subject to Section 3.4 and Section 4.2, the Update Services are provided free of charge.
4.2 The user is responsible to pay for data traffic, unless otherwise provided by ZEEKR in which case ZEEKR will provide additional information.
5.1 Your right to use the Update Services commences on the day you accept these OTA Terms.
5.2 These OTA Terms and the right to use the Update Services can be terminated by you at any time with thirty (30) days’ notice.
5.3 In the event of material breach, the non-breaching party may terminate these OTA Terms if the party in breach hasn’t rectified the breach within thirty (30) days from receiving notification thereof.
5.4 Each party is entitled to terminate these OTA Terms in the event of:
Reversal of the purchase agreement of the Vehicle;
the reacquisition/withdrawal of the Vehicle by the relevant seller;
the termination of a leasing agreement regarding the Vehicle; or
the sale of the Vehicle to a third party.
5.5 In case of sale or transfer of the possession of the Vehicle, you must delete the data stored in the Vehicle, as instructed by ZEEKR.
6.1 Please use the following contact details when you contact us with your inquiries regarding the Update Services: zeekr.tech_support@zeekrlife.com
7.1 If you are a consumer (i.e. a natural person not acting in commercial or self-employed professional activity), you have the right to withdraw from these OTA Terms within fourteen (14) days without giving any reason. The withdrawal period will expire after fourteen (14) days from the day of the conclusion of these OTA Terms.
7.2 To exercise your right of withdrawal, you must inform us either by letter or e-mail: zeekr.tech_support@zeekrlife.com
7.3 To exercise your right of withdrawal, you may use the model withdrawal form below, but it is not obligatory:
| Info |
Model withdrawal form |
(Complete and return this form only if you wish to withdraw from the contract) |
- To: zeekr.tech_support@zeekrlife.com I/ We hereby revoke (*) the by me/ us (*) concluded contract for the purchase of the following goods (*)/ performance of the following services (*): Ordered on (*)/ received on (*): Name of consumer(s): Address of consumer(s): Signature of consumer(s) (only if this form is in paper form): Date: (*) Delete as appropriate. |
7.4 Please notice that the Update Services constitute supply of digital content that is not supplied on a tangible medium, meaning that you have no right of withdrawal as set out in Section 7.1 under the following conditions:
You have explicitly agreed to ZEEKR’s commencement of the provision of the Update Services and explicitly accepted that you lost your right of withdrawal; and
ZEEKR has provided you with a copy of the signed OTA Terms or a confirmation in readable and durable form that the OTA Terms has been concluded.
8.1 These Terms of Use and any obligations arising out of or in connection with them shall be governed by and shall be construed in accordance with the laws of Singapore, excluding its conflict of law provisions. Any dispute arising out of or in connection with the Term of Use, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre ("SIAC") in accordance with the Arbitration Rules of the Singapore International Arbitration Centre ("SIAC Rules") for the time being in force, which rules are deemed to be incorporated by reference in this clause. The seat of the arbitration shall be Singapore. The Tribunal shall consist of three (3) arbitrator(s). The language of the arbitration shall be English.
9.1 In case of conflict within these OTA Terms, Appendices titled “COUNTRY SPECIFIC TERMS FOR …” shall have precedence over Sections 1 – 8 in the corresponding jurisdictions.
Section 5
In section 5 the following clause is added as 5.2:
“Termination under 5.3, 5.4 and 5.5 below may be actioned without the need of a court order or arbitral award.”
Section 5
In section 5 the following clause is added as 5.2:
“Termination under 5.3, 5.4 and 5.5 below may be actioned without the need of a court order or arbitral award.”