Kopernikus Terms and Conditions
About Kopernikus Automotive UG (haftungsbeschränkt)
Kopernikus Automotive UG (haftungsbeschränkt) (“Kopernikus”) is a Berlin-based start-up company that aims to build the necessary technology stack to enable production passenger cars to be connected to self-driving car software from 3rd party suppliers.
Roadworthiness and safe operation
At this time, Kopernikus Automotive UG (haftungsbeschränkt) (“Kopernikus”) offers development tools only. The safe use and operation is at the discretion of the buyer. Kopernikus does not guarantee roadworthiness of its products. Depending on legislation and the country you are operating in, the use of a Kopernikus system may violate laws, e.g. traffic laws, licensing or roadworthiness requirements.
Activating or using a Kopernikus system may be illegal or may deem a licensed or roadworthy vehicle unroadworthy or non-licensed, or make it violate applicable laws. Activating and operating a Kopernikus system in traffic may be dangerous to you and impose danger to others. It is unsafe to operate the Kopernikus system in traffic.
Therefore, we at Kopernikus Automotive UG (haftungsbeschränkt) , at this stage of development, suggest to use any Kopernikus system, the Kopernikus Retrofit Kit, the Kopernikus Drive-by-Wire system, the Kopernikus Middleware, and the Kopernikus Store only in closed, non-public environments. At this time, any Kopernikus system is delivered for evaluation purposes only. It is unsafe to use it for other purposes.
Any buyer of any Kopernikus system is responsible for researching, understanding and complying with the roadworthiness requirements and regulation requirements of the respective country, legislation, and applicable laws. In no case, Kopernikus can be held responsible for any damage of any kind, including any consequential or liquidated damages. In no case Kopernikus will accept any responsibility for roadworthiness or licensing requirements.
Kopernikus plans to research, develop, and produce a system that will fulfill licensing and roadworthiness requirements and will be safe to operate in public traffic in selected countries in the future. Kopernikus will notify its customers promptly when such development status is reached. Until such notice, any operation of any Kopernikus system is at the sole discretion of the buyer.
Information We May Collect
We collect two main types of information related to you or your use of our products and services: (1) information from or about you or your devices; (2) information from or about your Kopernikus system and your car.
From or about you or your devices
We may collect information from or about you (such as your name, address, phone number, e-mail, payment information, driver’s license or other government identification information) or your devices in a variety of ways, including:
- Through our Digital Services: We may collect information from or about you through our websites, software applications, social media pages, e-mail messages, or other digital services (the “Digital Services”), e.g., when you sign up for a newsletter, make a purchase, or register your product with us.
- Through credit applications and other forms: We may collect additional information from you or others on your behalf on our credit application and other forms to support our product lease or other financing offerings, such as date of birth, Social Security number, bank routing information, and credit related information. We also receive information about you from consumer reporting agencies such as credit history and capacity.
- From other sources: We also may receive information about you from other sources, such as public databases, joint marketing partners, certified installers, third-party vehicle repair or service centers, and social media platforms.
- Kopernikus Account: Customers who purchase certain Kopernikus products will receive a Kopernikus Account, which is hosted on our website. We may collect and process the following types of data for your Kopernikus Account that you elect to provide to us: your customer registration information; the status of your order; warranty and other documentation for your Kopernikus products; and general information about your Kopernikus products.
- Offline: We may collect information from or about you offline, such as when you visit a Kopernikus repair facility, attend one of our events, sign up for a test drive, place an order over the phone, or contact our customer service or sales department.
- Through your browser or device: Certain information is collected by most browsers or automatically through your device, such as your Media Access Control (MAC) address, computer type (Windows or Macintosh), screen resolution, operating system name and version, device manufacturer and model, language, Internet browser type and version, and the name and version of the Digital Services (such as the Kopernikus App) you are using. We use this information to ensure that the Digital Services function properly.
- Pixel tags and other similar technologies: Pixel tags (also known as web beacons and clear GIFs) may be used in connection with some Digital Services to, among other things, track the actions of users of the Digital Services (including e-mail recipients), measure the success of our marketing campaigns, and compile statistics about usage of the Digital Services and response rates.
- your use of third-party websites. You can learn about Google’s practices in connection with this information collection and how to opt out of it by downloading the Google Analytics opt-out browser add-on, available at https://tools.google.com/dlpage/gaoptout.
From or about your Kopernikus system and your car
We may collect a variety of information from or about your Kopernikus vehicle, including:
- Telematics log data: To improve our vehicles and services for you, we may collect certain telematics data regarding the performance, usage, operation, and condition of your Kopernikus vehicle, including: vehicle identification number; speed information; odometer readings; battery use management information; battery charging history; electrical system functions; software version information; infotainment system data; safety-related data and camera images (including information regarding the vehicle’s SRS systems, braking and acceleration, security, e-brake, and accidents); short video clips of accidents; information regarding the use and operation of self-driving systems and other features; and other data to assist in identifying issues and analyzing the performance of the vehicle. We may collect such information either in person (such as during a service appointment) or via remote access.
- Remote analysis data: We may be able to dynamically connect to your Kopernikus vehicle to diagnose and resolve issues with it, and this process may result in access to personal settings in the vehicle (such as contacts, browsing history, navigation history, and radio listening history). This dynamic connection also enables us to view the current location of your vehicle, but such access is restricted to a limited number of personnel within Kopernikus.
- Other vehicle data: In order to help improve our products and services, we may collect and store other vehicle data. We may collect such information either in person (such as during a service appointment) or via remote access.
- We may provide you with software to your Kopernikus vehicle, which make use of the road segment data of your vehicle and we may share this data with partners that contribute similar data to help us provide the service. We also may collect similar data in connection with other features, such as self-driving system features, and may share it with business partners where necessary to provide the feature to you.
- To further help develop and improve autonomous safety features, we may collect short video clips using the car’s external cameras to learn how to recognize things like lane lines, street signs, and traffic light positions. These short video clips are not linked to your vehicle identification number and we have ensured that there is no way to search our system for clips that are associated with a specific car.
- If you no longer wish us to collect telematics log data or any other data from your Kopernikus vehicle, please contact us as indicated in the “How to Contact Us” section below. Please note that if you opt out from the collection of telematics log data or any other data from your Kopernikus vehicle, we will not be able to notify you of issues applicable to your vehicle in real time. This may result in your Kopernikus system suffering from reduced functionality, serious damage, or inoperability.
We may use information we collect to communicate with you, to provide and improve our products and services, and for the purposes listed below:
We may use information we collect to communicate with you, including:
- To respond to your inquiries and fulfill your requests, such as to send you newsletters or product information, information alerts, information about events, or brochures.
- To advise you of important safety-related information about your vehicle.
- To send administrative information to you, such as information regarding our products and services, and changes to our terms, conditions, and policies.
- To present products and offers tailored to you and to enhance our lists with information from other sources.
- To allow you to participate in contests and similar promotions and to administer these activities.
- To facilitate social sharing and communications functionality.
We may use information we collect to provide and improve our products and services, including:
- To complete and fulfill your purchase, e.g., to process your payments, fulfill your requests for product financing, have your order delivered to you, communicate with you regarding your purchase, and provide you with related customer service.
- To provide service to your Kopernikus product, such as to contact you with service recommendations and to deliver over-the-air updates to your product.
- To monitor your Kopernikus product’s performance and provide services related to your product.
- To develop and promote new products and services, and to improve or modify our existing products and services.
- To analyze and improve the safety and security of our products and services.
- To deliver any other services you have requested.
We also may use information we collect for other purposes, including:
- For our business purposes, such as data analysis, audits, fraud monitoring and prevention, identifying usage trends, determining the effectiveness of our promotional campaigns, and operating and expanding our business activities.
- Except as described above and below, Kopernikus may use or share information that does not personally identify you for any purpose, such as for operational or research purposes, for industry analysis, to improve or modify our products and services, to better tailor our products and services to your needs, and where legally required.
We may share information we collect with our service providers and business partners, with other third parties you authorize, with other third parties when required by law, and in other circumstances.
We may share information with our service providers and business partners when necessary to perform services on our or on your behalf, such as in the following circumstances:
- With our third party service providers, business partners and channel partners to provide services such as website hosting, data analysis and storage, payment processing, order fulfillment and product installation, wireless connectivity to Kopernikus products, information technology and related infrastructure, customer service, product design, software provisioning, product diagnostics, maintenance or related services, e-mail delivery, credit card processing, auditing, marketing, voice command processing, and other similar services.
Kopernikus may transfer and disclose information, including information that may or may not personally identify you, to third parties to comply with a legal obligation (including, but not limited to, subpoenas); when we believe in good faith that the law requires it; in response to a lawful request by governmental authorities conducting an investigation, including to comply with law enforcement requirements; to verify or enforce our policies and procedures; to respond to an emergency; to prevent or stop activity we may consider to be, or to pose a risk of being, illegal, unethical or legally actionable; or to protect the rights, property, safety, or security of our products and services, Kopernikus, third parties, visitors, or the public, as determined by us in our sole discretion.
We do not share information that personally identifies you with unaffiliated third parties for their marketing purposes unless you opt in to that sharing.
We may rely on various legal grounds to collect, use, and otherwise process your information, including: your consent; that the information is necessary for the performance of a contract with you; to comply with a legal obligation; to protect your, or someone else’s vital interests; or for a legitimate interest that is balanced against your rights and interests. These legitimate interests may include Kopernikus’ interest in improving its products and services, enhancing safety and security, protecting Kopernikus or its business partners against wrongful conduct, and responding to customer inquiries and claims. Where applicable, we will inform you whether and why we need certain information from you, for example, whether we need the information to fulfill a legal or contractual requirement and what the consequences are of not providing the information.
In certain jurisdictions you may have the rights to request access to and receive information about certain information we maintain about you; update and correct inaccuracies in that information; have the information restricted or deleted; object or withdraw your consent to certain uses of information; and lodge a complaint with your local supervisory authority. You may also have the right to data portability with regard to the data you provided to us. These rights may be limited in some circumstances by local law. If you would like to exercise your rights in relation to information from or about you, you may contact us at the address below. In your request, please make clear what information you would like to have changed, whether you would like to have the information that you have provided to us suppressed from our database, or otherwise let us know what limitations you would like to put on our use of the information that you have provided to us. For your protection, we may only implement requests with respect to the information associated with the particular e-mail address that you use to send us your request, or we may need to verify your identity before implementing your request.
Please note that we may need to retain certain information for recordkeeping or legal compliance purposes and/or to complete any transactions that you began prior to requesting such change or deletion (e.g., when you make a purchase or enter a promotion, you may not be able to change or delete the information provided until after the completion of such purchase or promotion).
We seek to use reasonable organizational, technical, and administrative measures to protect information within our organization. Unfortunately, no data transmission or storage system can be guaranteed to be 100% secure. If you have reason to believe that your interaction with us is no longer secure (for example, if you feel that the security of any account with us has been compromised), please immediately notify us of the problem by contacting us in accordance with the “How to Contact Us” section below.
If you sell or transfer your Kopernikus product to another person, please notify us so that we can determine whether additional steps are required to help safeguard information from or about you from disclosure to the purchaser or transferee of the Kopernikus product.
Our products and services are not directed to individuals under the age of sixteen (16), and we request that these individuals not provide any information to Kopernikus.
Updates to this Policy
How to Contact Us
To contact us with a question or comment, to opt out from certain services, or to ask about your ability to exercise your privacy rights described above, please contact us via e‐mail at info@Kopernikusauto.com.
Please note that e-mail communications are not always secure, so please do not include credit card information or sensitive information in your e-mails to us. We use reasonable and appropriate measures to protect your Personal Information from loss, misuse, unauthorized access, disclosure, alteration, and destruction, taking into account the risks involved in the processing and the nature of the Personal Information.
Kopernikus Software Updates and Upgrades
The Kopernikus Retrofit-Kit, the Kopernikus Middleware, the Kopernikus Store, are built to be updated and/or upgraded. Kopernikus software Updates may alter the functionality and performance of the Kopernikus system. Kopernikus retains the right to update or upgrade the software of all components at any time. In no case, any damages or consequential damages resulting from software updates or software upgrades can be claimed.
Copyright 2018 Kopernikus Automotive UG (haftungsbeschränkt). All Rights Reserved. The text, images, graphics, sound files, animation files, video files and their arrangement on Kopernikus’ internet sites are all subject to copyright and other intellectual property protection. These objects may not be copied for commercial use or distribution, nor may these objects be modified or reposted. Some Kopernikus internet sites also contain material that is subject to the copyright rights of their providers.
Prices are current at the time of publication and subject to change without notice.
Unless otherwise indicated, all marks displayed on Kopernikus’ internet sites are subject to the trademark rights of Kopernikus including, but not limited to, corporate logos and emblems.
THE INFORMATION ON THESE INTERNET SITES IS PROVIDED BY KOPERNIKUS, "AS IS" AND TO THE EXTENT PERMITTED BY LAW, IS PROVIDED WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, OR NON INFRINGEMENT. WHILE THE INFORMATION PROVIDED IS BELIEVED TO BE ACCURATE, IT MAY INCLUDE ERRORS OR INACCURACIES.
Payment Terms for Services
These Terms of Service describe your agreement to pay for future services and charges. Kopernikus may amend these terms and any changes are effective when posted to this page.
The services or charges described below may result in charges to you, even if someone else is using your vehicle. Kopernikus may collect payment from you, including by using the credit card saved in your Kopernikus Account. Charges may include taxes as required by law. You will be able to review a summary of transactions in your Kopernikus Account. If we are unable to collect payment, we may contact you based on your information on file, or may request payment when we are performing services for you. If you do not pay past due amounts, despite our efforts to contact you, we may limit or block your vehicle’s ability to use the related services until payment issues are resolved. For information on how we handle your credit card information, please see above.
Security Vulnerability Reporting Policy
Kopernikus values the work done by security researchers in improving the security of our products and service offerings. We are committed to working with this community to verify, reproduce, and respond to legitimate reported vulnerabilities. We encourage the community to participate in our responsible reporting process. If you are a security researcher and would like to report a security vulnerability, please send an email to: talkto@Kopernikusauto.com. Please provide your name, contact information, and company name (if applicable) with each report.
We will investigate legitimate reports and make every effort to quickly correct any vulnerability. To encourage responsible reporting, we commit that we will not take legal action against you or ask law enforcement to investigate you if you comply with the following Responsible Disclosure Guidelines:
- Provide details of the vulnerability, including information needed to reproduce and validate the vulnerability and a Proof of Concept (POC)
- Make a good faith effort to avoid privacy violations, destruction of data and interruption or degradation of our services
- Do not modify or access data that does not belong to you
- Give us a reasonable time to correct the issue before making any information public
Should any provision of this offer in whole or in part be or become invalid, impracticable or unenforceable, the validity of the other provisions shall not be affected thereby. In such a case, the invalid, impracticable or unenforceable provision shall be deemed to be replaced by a provision which, to the extent admissible according to the applicable laws, comes closest to the purpose of the invalid, impracticable or unenforceable provision. The same shall apply with respect to any omissions contained in this offer.
These Terms and Conditions are subject to change without notice. Current revision June 2018.
Any disputes arising from these Terms and Conditions should be settled by arbitration.
Governing law is the law of Germany.
Seat of court is Berlin, Germany.
Company address: Kopernikus Automotive UG (haftungsbeschränkt), Thaerstr. 28, 10249 Berlin.