DRIVE PILOT

DRIVE PILOT Subscription Services are a subscription that allows you to activate the DRIVE PILOT function on your vehicle. The DRIVE PILOT function is a L3 Conditionally Automated System. The vehicle must be connected to the internet via cellular network to activate the service. It may take up to 24 hours after activation for DRIVE PILOT Subscription Services to be operational.

DRIVE PILOT Subscription Services are offered to Customer on a per-vehicle subscription basis. DRIVE PILOT Subscription Services cannot be transferred to another vehicle.

DRIVE PILOT function relies on third party data that may become unavailable either periodically or permanently at any time. If DRIVE PILOT function is unavailable for any reason, subscriber’s sole remedy is a prorated subscription refund. Subscriber shall not be entitled to any relief under a vehicle warranty such as a vehicle repurchase or replacement.

DRIVE PILOT Subscription Services are available in limited geographic areas, subject to additions and limitations that may arise with or without prior notice from time to time. The Customer agrees to review such information as well as other available information regarding the locations in which DRIVE PILOT Subscription Services are available, and any laws applicable to the use of conditionally automated driving systems in those locations. Customer can only use DRIVE PILOT Subscription Services in the locations where the offering has been approved or certified by the applicable regulatory authority.

For current information about geographic availability, see https://www.mbusa.com/en/owners/manuals/drive-pilot.

Notwithstanding anything to the contrary in the MMC Terms, MBUSA may discontinue or modify DRIVE PILOT Subscription Services for any reason in its sole discretion including, but not limited to, non- availability of third-party data, to prevent or mitigate misuse, or due to changes in legal or regulatory requirements or permissions.

If MBUSA discontinues DRIVE PILOT Subscription Services or Customer is dissatisfied with any modification to the DRIVE PILOT function, Customer’s sole and exclusive remedy shall be to provide written notice to MBUSA and to request a refund of any pre-paid amounts, which refund will be pro-rated with respect to the portion of the Customer’s subscription term from the date that Customer provides such notice.

Customer acknowledges and agrees that the DRIVE PILOT function is not covered by and is not guaranteed to be available for the full period of the vehicle’s new vehicle limited warranty or any other vehicle warranty. Subscriber shall not be entitled to any relief under a vehicle warranty such as a vehicle repurchase or replacement. Subscriber’s sole remedy is a prorated subscription refund.

DRIVE PILOT Subscription Services are only available on vehicles equipped with hardware designed to support the DRIVE PILOT Subscription Services.

The Customer must read and be familiar with all documentation and safety information provided by MBUSA with respect to DRIVE PILOT function, including information presented in the vehicle infotainment system (such as prompts for the driver to take control of the vehicle), Customer Portal, on mbusa.com, in the DRIVE PILOT instructional video, and in the vehicle DRIVE PILOT Supplemental Operator’s Manual. Customer shall ensure that any other users of DRIVE PILOT Subscription Services also read and become familiar with such documentation and safety information, and that they do so prior to their first use of the DRIVE PILOT Subscription Services.

The Customer must watch the DRIVE PILOT instructional video and shall ensure that all other users watch the DRIVE PILOT instructional video, and that they do so prior to their first use of the DRIVE PILOT Subscription Services.

Customer and any other users of DRIVE PILOT Subscription Services are responsible for operating the vehicle in accordance with the instructions provided by MBUSA, including any instructions regarding DRIVE PILOT Subscription Services limitations, take over requests, warnings concerning driver responsiveness, vehicle control and driving safety.

The Customer and any other users must obey all instructions related to DRIVE PILOT Subscription Services software updates.

If the Customer allows a vehicle receiving DRIVE PILOT Subscription Services to be used by another individual, the Customer must inform such other driver about DRIVE PILOT Subscription Services and the associated collection, use, storage, and processing of data and personal information as described in the MBUSA Privacy Notice for Mercedes me connect Connected Vehicle Services and the other individual must consent to the same.

As the fallback-ready user of this system, it is the responsibility of the user of the DRIVE PILOT Subscription Services to remain receptive and take control of the vehicle as soon as DRIVE PILOT function issues a takeover request.

Conditions may arise at any time that require the user of the DRIVE PILOT Subscription Services, as the fallback-ready user, to respond to a takeover request.

If a user of the DRIVE PILOT Subscription Services does not respond to the takeover request within a certain period of time, the vehicle’s emergency stop procedure will begin, as described in the vehicle DRIVE PILOT Supplemental Operator’s Manual.

If receptiveness is not possible while using DRIVE PILOT Subscription Services, individuals may not activate DRIVE PILOT Subscription Services. The individual using DRIVE PILOT Subscription Services is responsible at all times for the individual’s own actions. DRIVE PILOT Subscription Services should not be used for transportation in connection with emergencies or by a user that is impaired in any way.

The individual using DRIVE PILOT Subscription Services must use the seat belt and be in the proper seated position to take over when prompted, and any children in the vehicle should be in child restraint systems.

Please be aware that the DRIVE PILOT Subscription Services are designed to not operate if the system detects that the individual in the driver’s seat’s seat belt is not fastened. DRIVE PILOT Subscription Services may be disabled if the system detects that the individual using DRIVE PILOT Subscription Services engages in any dangerous behavior, such as unfastening a seat belt, sleeping, or reclining their seat during operation of the vehicle. The individual using DRIVE PILOT Subscription Services and any passengers must safely secure all personal property while traveling.

Moreover, DRIVE PILOT Subscription Services do not relieve the Customer of any responsibility and accountability for ensuring the driving capability and road safety of the vehicle. The same applies to any requirements for maintenance and repair work. The Provider does not accept any liability for failure to carry out required maintenance and repair measures.

Customer must: maintain their vehicle and perform scheduled services; keep their vehicle clean of dirt and/or obstructions that would impair sensor operations; not overload their vehicle or place objects on the roof; and, not make any after-market modifications and/or add accessories to the vehicle.

The laws of the applicable jurisdiction must be observed at all times by the Customer or any other user of DRIVE PILOT Subscription Services, including, but not limited to, laws relevant to the use of conditionally automated driving systems, laws requiring the use of seatbelts or child restraints, and laws regarding the consumption of alcohol or other substances while operating a motor vehicle.

If the Customer or any other user of DRIVE PILOT Subscription Services in the Customer’s vehicle does not comply with the requirements set forth in these DRIVE PILOT Subscription Service Terms, DRIVE PILOT Subscription Services may be disabled and the Customer’s subscription may be terminated by MBUSA.

The Customer acknowledges and agrees that the Customer uses DRIVE PILOT Subscription Services at the Customer’s sole discretion and in accordance with all instructions. When DRIVE PILOT Subscription Services are active, the individual using DRIVE PILOT Subscription Services becomes the fallback-ready user, which allows the individual to remove their hands from the steering wheel, take their eyes off the road, and turn their attention to other activities inside the vehicle. However, when a takeover request is issued, the individual using DRIVE PILOT Subscription Services MUST take over the driving task.

DRIVE PILOT SUBSCRIPTION SERVICES RELY ON THE USE OF THIRD-PARTY DATA, VEHICLE READINESS, REGULATORY PERMISSIONS, AND CERTAIN ENVIRONMENTAL FACTORS. DRIVE PILOT SUBSCRIPTION SERVICES MAY BECOME INOPERABLE OR INACCESSIBLE FOR A PERIOD OF TIME, EITHER PERIODICALLY OR PERMANENTLY, INCLUDING AS THE RESULT OF LEGAL OR REGULATORY CHANGES OR REQUIREMENTS.

TO THE EXTENT PERMITTED BY APPLICABLE LAW, NEITHER MBUSA, NOR ANY MB PARTY IS OR WILL BE RESPONSIBLE OR LIABLE FOR ANY CLAIM THAT ARISES OUT OF OR RELATES TO CUSTOMER’S OR ANY USER OF DRIVE PILOT SUBSCRIPTION SERVICES’ VIOLATION OF THESE DRIVE PILOT SUBSCRIPTION TERMS OR VIOLATION OF APPLICABLE LAW WITH RESPECT TO THE USE OF DRIVE PILOT SUBSCRIPTION SERVICES.

To the extent permitted by applicable law, neither MBUSA nor any MB Party accepts any liability for any damages or claims that arise from the Customer’s or any user’s misuse of DRIVE PILOT Subscription Services or any third party’s negligence.

EXCEPT AS EXPRESSLY STATED OTHERWISE BY MBUSA, DRIVE PILOT SUBSCRIPTION SERVICES ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF QUALITY, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. MBUSA DOES NOT WARRANT THAT DRIVE PILOT FUNCTIONS WILL MEET CUSTOMER’S REQUIREMENTS, WILL PREVENT UNAUTHORIZED ACCESS BY THIRD PARTIES, BE UNINTERRUPTED, SECURE, OR ERROR-FREE. CUSTOMER ACKNOWLEDGES THAT CUSTOMER BEARS THE SOLE RISK OF TRANSMITTING THROUGH DRIVE PILOT FUNCTIONS ANY CONTENT, INCLUDING INFORMATION THAT IDENTIFIES CUSTOMER OR CUSTOMER’S LOCATION.

MBUSA’S THIRD-PARTY PROVIDERS DO NOT MAKE ANY WARRANTIES TO CUSTOMER UNDER THE TERMS OF USE AND MBUSA DOES NOT MAKE ANY WARRANTIES ON BEHALF OF SUCH THIRD-PARTY PROVIDERS UNDER THESE DRIVE PILOT SUBSCRIPTION TERMS. TO THE EXTENT PERMITTED BY APPLICABLE LAW, NEITHER MBUSA, NOR ANY OF ITS RESPECTIVE AFFILIATES, DISTRIBUTORS, DEALERS, DEALER ASSOCIATIONS, TOGETHER WITH THEIR RESPECTIVE EMPLOYEES, AGENTS, DIRECTORS, OFFICERS AND SHAREHOLDERS (COLLECTIVELY, “MB PARTIES”) WILL BE LIABLE TO THE CUSTOMER OR ANY OTHER PERSON OR ENTITY FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, RELIANCE OR PUNITIVE OR AGGRAVATED DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS, LOST REVENUES, LOST SAVINGS, GOODWILL OR HARM TO BUSINESS, DAMAGES FOR LOSS OF DATA, INCOME, PROFITS, LOSS OF OR DAMAGE TO PROPERTY, AND THIRD PARTY CLAIMS) OR ANY OTHER DAMAGES OF ANY KIND, ARISING OUT OF OR IN CONNECTION WITH, THE THIRD-PARTY SERVICES, EVEN IF MBUSA OR ONE OR MORE OF THE MB PARTIES ARE AWARE OF THE POSSIBILITY OF SUCH DAMAGES.

The foregoing limitations apply to all claims, including, without limitation, claims in contract and tort (such as negligence, product liability and strict liability). To the extent that a jurisdiction does not permit the exclusion or limitation of liability as set forth herein, liability is limited to the maximum extent permitted by law in such jurisdiction.

To the extent permitted under applicable law, all claims under these DRIVE PILOT Subscription Terms must be brought by the Customer.

Insofar as damage is or could be covered by an insurance policy taken out by the Customer, neither MBUSA nor the MB Parties shall be liable for any such damages suffered by the Customer and Customer waives any and all such claims and damages against the MB Parties and waives rights of subrogation, including on behalf of the insurance carrier.

The limitations of liability set forth in this section do not apply in the event of death or personal injury.

PLEASE CAREFULLY READ THIS SECTION, WHICH CONTAINS AN ARBITRATION AGREEMENT. THIS AGREEMENT AFFECTS YOUR RIGHTS REGARDING ANY DISPUTE OR CLAIM ARISING OUT OF, RELATING TO, OR IN CONNECTION WITH THESE DRIVE PILOT SUBSCRIPTION TERMS OR RELATING TO THE USE OR PROVISION OF DRIVE PILOT SUBSCRIPTION SERVICES.

• THE CUSTOMER AND MBUSA AGREE TO SUBMIT ANY UNRESOLVED DISPUTES TO BINDING INDIVIDUAL ARBITRATION INSTEAD OF PROCEEDING IN A COURT.
• THE CUSTOMER AND MBUSA WAIVE CERTAIN RIGHTS AVAILABLE IN COURT.
• THE CUSTOMER WAIVES ANY RIGHT TO BE A CLASS MEMBER OR CLASS REPRESENTATIVE.

6.1.    BINDING ARBITRATION AGREEMENT. ANY DISPUTE OR CLAIM ARISING OUT OF, RELATING TO, OR IN CONNECTION WITH THESE DRIVE PILOT SUBSCRIPTION TERMS (WHETHER FOR BREACH OF CONTRACT, TORTIOUS CONDUCT OR OTHERWISE) OR RELATING TO THE USE OR PROVISION OF DRIVE PILOT SUBSCRIPTION SERVICES SHALL, TO THE EXTENT PERMITTED BY LAW, BE RESOLVED BY BINDING ARBITRATION, RATHER THAN IN COURT, EXCEPT THAT THE CUSTOMER MAY INDIVIDUALLY ASSERT CLAIMS IN SMALL CLAIMS COURT IF CLAIMS QUALIFY. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED, AND RIGHTS TO APPEAL ARE MORE LIMITED IN AN ARBITRATION THAN IN A LAWSUIT. HOWEVER, AN ARBITRATOR CAN AWARD ON AN INDIVIDUAL BASIS THE SAME DAMAGES AS A COURT. ARBITRATION SHALL BE CONDUCTED IN ACCORDANCE WITH JAMS COMPREHENSIVE ARBITRATION RULES & PROCEDURES. THE ARBITRATOR CAN RESOLVE DISPUTES BETWEEN THE CUSTOMER AND MBUSA ONLY ON AN INDIVIDUAL BASIS AND NOT ON A CLASS-WIDE BASIS. CONSOLIDATED OR CLASS ACTION ARBITRATIONS SHALL NOT BE PERMITTED. THE CUSTOMER AND MBUSA ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, THE CUSTOMER AND MBUSA EACH ARE WAIVING ANY RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS-WIDE ARBITRATION, PURPORTED CLASS ACTION LAWSUIT, PRIVATE ATTORNEY GENERAL ACTION, OR ANY OTHER REPRESENTATIVE PROCEEDING. THIS ARBITRATION AGREEMENT DOES NOT PREVENT THE CUSTOMER OR MBUSA, OR THE MB PARTIES FROM ENFORCING OTHER EXISTING ARBITRATION AGREEMENTS.

6.2.    THIS ARBITRATION AGREEMENT DELEGATES TO THE ARBITRATOR ALONE, AND NOT ANY FEDERAL, STATE OR LOCAL COURT, OR ANY STATE OR LOCAL AGENCY, THE EXCLUSIVE AUTHORITY TO RESOLVE ALL DISPUTES RELATING TO THE INTERPRETATION, APPLICABILITY, ENFORCEABILITY, OR FORMATION OF THIS ARBITRATION AGREEMENT.

6.3.     THE ARBITRATOR SHALL DECIDE WHETHER ARBITRATION HEARINGS SHALL BE HELD VIRTUALLY OR, FOR BUSINESS USERS, IN CALIFORNIA, OR, FOR OTHER USERS, IN THE COUNTY WHERE THE CUSTOMER IS DOMICILED.

6.4.    NOTHING HEREIN SHALL BE CONSTRUED TO PRECLUDE ANY PARTY FROM SEEKING PUBLIC INJUNCTIVE RELIEF IN THE STATE AND FEDERAL COURTS LOCATED IN THE STATE OF CALIFORNIA. THE ARBITRATOR SHALL LACK THE AUTHORITY TO ISSUE ANY PUBLIC INJUNCTIVE RELIEF. IF THE CUSTOMER IS NOT A BUSINESS USER AND INITIATES ARBITRATION, THE CUSTOMER’S ARBITRATION FEES WILL BE LIMITED TO THE FILING FEE SET FORTH IN JAMS CONSUMER ARBITRATION MINIMUM STANDARDS . EXCEPT AS PROVIDED IN THE PRECEDING SENTENCE, REGARDLESS OF WHO INITIATES ARBITRATION, MBUSA WILL PAY THE CUSTOMER’S SHARE OF ARBITRATION FEES (NOT INCLUDING THE CUSTOMER’S ATTORNEYS’ FEES) IF THE CUSTOMER IS NOT A BUSINESS USER. IF THE ARBITRATOR RULES AGAINST MBUSA, IN ADDITION TO ACCEPTING WHATEVER RESPONSIBILITY IS ORDERED BY THE ARBITRATOR, MBUSA WILL REIMBURSE, REGARDLESS OF WHO INITIATED THE ARBITRATION, THE CUSTOMER’S REASONABLE COSTS UP TO A MAXIMUM OF $5,000 AND REASONABLE ATTORNEYS’ FEES UNLESS THE CUSTOMER IS A BUSINESS USER. IN ADDITION, IF THE ARBITRATOR RULES IN MBUSA’S FAVOR, MBUSA WILL NOT SEEK REIMBURSEMENT OF MBUSA’S ATTORNEYS’ FEES AND COSTS, REGARDLESS OF WHO INITIATED THE ARBITRATION, UNLESS THE CUSTOMER IS A BUSINESS USER. NOTHING IN THIS PARAGRAPH SHALL BE CONSTRUED TO PRECLUDE A CUSTOMER WHO IS NOT A BUSINESS USER FROM SEEKING REASONABLE ATTORNEYS’ FEES PERMITTED BY STATUE.

6.5.    The law governing these DRIVE PILOT Subscription Terms shall be governed by and construed in accordance with the laws of the State where the Customer is domiciled, without giving effect to its conflicts of law principles. The foregoing sentence shall apply both in the circumstance in which there is an arbitration, and also in the circumstance in which the arbitration provision is for whatever reason deemed invalid or inapplicable and the dispute proceeds in a court of law.

6.6.     It is important that the Customer understands that by entering into these DRIVE PILOT Subscription Terms, the Customer and MBUSA are each waiving the right to a trial by jury or to participate in a class action against the other party for claims that are covered by this “Arbitration and Dispute Resolution Agreement.” Except to the extent that an appeal is permitted, the arbitrator’s decision will be conclusive and binding and may be entered as a judgment in any court of competent jurisdiction.

6.7.    For claims that Clause 6.1 does not require to be resolved by arbitration, each party waives any objection to the laying of the venue of any legal action brought under or in connection with the subject matter of these DRIVE PILOT Subscription Terms in the federal or state courts sitting in the State where the Customer is domiciled or, if the Customer so chooses, the state or federal court that includes in its territory Sandy Springs, Georgia, and agrees not to plead or claim in such courts that any such action has been brought in an inconvenient forum.

6.8.     You may opt out of this Arbitration Agreement within 30 days after signing this Agreement by sending written notice by certified mail to:

Mercedes-Benz USA, LLC
C/O The Corporation Company
106 Colony Park Dr., Suite 800-B
Cumming, GA 30040

6.10.     If any provision of these DRIVE PILOT Subscription Terms is deemed unlawful or unenforceable by a court of competent jurisdiction, then the impugned provision shall be deemed severed and shall not affect the validity and enforceability of any remaining provisions.

These DRIVE PILOT Subscription Terms, together with the MMC Terms, and all other attachments and exhibits referenced herein, set forth the entire agreement between the parties with respect to the subject matter hereof and supersede all previous written or oral agreements or representations between the parties with respect to such subject matter.

No waiver of any breach or default under these DRIVE PILOT Subscription Terms shall be deemed to be a waiver of any preceding or subsequent breach or default. To be legally binding on MBUSA, any waiver must be in writing.

Customer may not assign these DRIVE PILOT Subscription Terms, in whole or in part, without the prior written consent of MBUSA, and any assignment in violation of this Clause shall be null and void. MBUSA may assign its rights and obligations under these DRIVE PILOT Subscription Terms including, without limitation, in whole or in part, to any affiliate without the prior written approval of or notice to Customer. Customer understands and agrees that, regardless of any such assignment the rights and obligations of MBUSA in these DRIVE PILOT Subscription Terms may accrue to, or be fulfilled by, any affiliate, as well as MBUSA and/or its subcontractors.

The terms and conditions contained herein that by their nature are intended to survive the termination of these DRIVE PILOT Subscription Terms shall survive the completion of performance and termination of these DRIVE PILOT Subscription Terms, and the making of any and all payments pursuant to these DRIVE PILOT Subscription Terms.

The DRIVE PILOT Subscription Terms may be executed in counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument.

DRIVE PILOT Subscription Services is an offer of Mercedes-Benz USA, LLC 1 Mercedes-Benz Drive Sandy Springs, GA 30328

Contact details for CAC: Mercedes-Benz USA, LLC Customer Assistance Center 1 Mercedes-Benz Drive Sandy Springs, GA 30328 1-800-367-6372
Email Address: me-connect.usa@cac.mercedesbenz.com
PHONE NO. 1-800-367-6372 *Free of charge from landline, mobile phone charges may differ
Customer Portal: Mercedes me connect: www.me.mercedes-benz.com