Terms and Conditions of AUDI AG for erWin Online (hereinafter referred to as erWin online shop)-Terms and Conditions-

Issue: 01.05.2024

Section 1 Scope and object of the contract

1.1 These T&Cs apply for the accessing of electronic service information from the erWin repair and workshop system (referred to in the following as service information) in the form of downloaded files. The contractual partner is AUDI AG.

1.2 AUDI AG allows the service information to be used by traders (contractors as per Section 14 BGB (German Civil Code)) and private individuals (consumers as per Section 13 BGB (German Civil Code)) under the following conditions only.

1.3 Traders (contractors as per Section 14 BGB (German Civil Code)) as per these terms and conditions are natural persons or legal entities or associations with a legal capacity with whom a business relationship is created who in the process act by practising a commercial or self-employed occupational activity and who have the trained specialist staff available for carrying out repairs. On request, the contractor is required to submit the required documents (e.g. extract of company register, trade licence etc.) to certify contractor status.

1.4 As per the terms and conditions, both contractors and consumers are customers.

1.5 Detailed information on the type and method of ordering and on reporting of incorrect entries can be found in the section "About erWin" under the headings "erWin info tour" and "Step by step instructions".
The service information is updated regularly. If you have questions, complaints or other messages related to an order in the erWin webshop, please send them to:

dx.one GmbH
Brieffach 9050/6
Berliner Ring 2
38440 Wolfsburg

E-mail: erwinsupport@dx.one.gmbh
Tel.: +49 800 – 86 55 79 24 36

1.6 The contract language is German. For customers outside of German-speaking countries, the language selected for the webshop interface is definitive.

Section 2 General obligations of the user

2.1 Any improper use of the AUDI AG websites must be avoided; in particular, no security measures may be circumvented that are likely to impair the functionality of the erWin infrastructure, in particular by placing an excessive load on it.

2.2 In addition, no facilities may be used or applications executed which could lead to damage to or a functional failure of AUDI AG's facilities, in particular through changes to the physical or logical structure of the servers or the network of AUDI AG or other networks.

2.3 The user is prohibited from using, advertising directly or indirectly or distributing software, scripts or mechanisms in connection with the use of the erWin website.

Section 3 Registration

3.1 The offer is conditional. We reserve the right to make technical changes within reasonable limits.

3.2 The contract between the user and AUDI AG for the use of the erWin online shop shall be concluded by means of an offer by the user to use the services of the erWin online shop (registration application) and acceptance (in text form) of this offer by AUDI AG.

3.3 By registering or pressing the "Register" button during the registration process, the user bindingly declares that they wish to use the online services in accordance with these Terms and Conditions.

3.4 AUDI AG will immediately notify the user of the receipt of the registration application by sending them an e-mail with a link to the erWin online shop. This automated confirmation of receipt does not constitute a binding acceptance of the registration application, but it may be combined with the declaration of acceptance.

3.5 Binding acceptance by AUDI AG may be declared as follows:

The user will receive a notification by e-mail to the e-mail address provided in the registration application about the approval or rejection of the submitted registration application.

AUDI AG reserves the right to reject the registration application in justified cases.

3.6 The user is obliged to provide the data requested during registration truthfully and completely. The user must keep his personal profile in the erWin online shop up to date. AUDI AG assumes no liability for damages resulting from incorrect information provided by the user.

3.7 During the registration process for the erWin online shop, the user chooses a password. Passing on this password to third parties is not permitted. The user undertakes to keep the password secret at all times. The user is responsible for any misuse of their password, including if a third party accesses the erWin online shop using their password. In this case, the user would be subject to the same obligations as in the case of own use.

3.8 AUDI AG reserves the right to block the user or the company or to delete access data in the erWin online shop in the event that the user acts in breach of the Terms and Conditions. The user will be informed of this by e-mail.

Likewise, AUDI AG reserves the right to delete the user's access data in the erWin online shop if the user has not logged in for more than 13 months for security reasons.

3.9 The User may change their login data at any time under the menu item "My Profile". The user can change the data independently at any time after logging into the erWin online shop. To delete an account, they can go to "My Profile" and delete the account.

Section 4 Order placement and conclusion of the agreement

4.1 Before placing an order, all the services selected by the customer, with all the essential contractual elements, in particular the total price – including taxes and duties – and the type of calculation of the total price, are displayed again in the shopping cart for checking. Any input errors are then identifiable and can be corrected before placing the binding order. The T&Cs can be called up again before placing the order. Before submitting the binding quotation, they must be accepted by the customer.

4.2 The contract enters into force when the customer places the order, an electronic order confirmation of the order is sent to the customer by AUDI AG and the offer to complete a contract for the ordered services is thus accepted.

4.3 The access period for the electronic service information by download starts with access to the order confirmation.

Section 5 Right of cancellation for consumers

5.1. If the Customer is a consumer and the purchase contract was only concluded remotely, the Customer shall have the right to cancel the order.

A consumer is any natural person who enters into a legal transaction either mainly commercially or on a self-employed basis.

AUDI informs the consumer about the details of the right of cancellation in the cancellation policy below. AUDI will also provide the consumer with a sample cancellation form.

5.2 The right of cancellation shall expire in the case of a contract for the delivery of digital content not on a physical data medium if AUDI has commenced performance of the contract after the customer has expressly consented to AUDI commencing performance of the contract before the expiry of the cancellation period and the customer has confirmed his knowledge that by consenting he loses his right of cancellation on commencement of performance of the contract.

Section 6 Use and access period

6.1 Registered private customers

Within the scope of the erWin webshop, all registered private customers are provided with both contents free of charge and contents which is subject to a charge. Access is provided by way of online access. The private customer is afforded the right to use the information provided on a PC for a certain period of time (referred to hereinafter as the "access period"). Use comprises visualisation on a PC and printing out of the files.

Access to the following areas is free of charge:

Oil approvals

Access to the following areas is subject to a charge:

Electronic service information: Workshop manuals, information for individual vehicles (vehicle identification, field campaigns, repair and maintenance information), current flow diagrams, information on servicing (body repairs), information on exhaust emissions testing, self-study programmes

The areas "Digital service schedule" and "Information for individual vehicles (vehicle data)" are not available for registered private customers.

6.2 Registered corporate customers

Within the scope of the erWin webshop, all registered corporate customers are provided with both contents free of charge and contents which is subject to a charge. Access is provided by way of online access. The corporate customer is afforded the right to use the information provided on a PC for a certain period of time (referred to hereinafter as the "access period"). Use comprises visualisation on a PC and printing out of the files.

Access to the following areas is free of charge:

Oil approvals, digital service schedule

Access to the following areas is subject to a charge:

Electronic service information: Workshop manuals, information for individual vehicles (vehicle identification, field campaigns, repair and maintenance information, vehicle data), current flow diagrams, information on servicing (body repairs), information on exhaust emissions testing, self-study programmes

6.3 Common arrangements for registered private customers and corporate customers

6.3.1 The customer can only call up the electronic service information for vehicles for which he/she has authorisation. A condition of this authorisation can be ownership of the vehicle by the customer, a workshop order from the vehicle owner or comparable constellations.

6.3.2 Each flat rat can be used at an authorised workshop and is not restricted to a specific computer or individual person. Additional flat rates must be purchased in accordance with the respective current price list for use at a further authorised workshop of the customer. After expiration of the contract period, the electronic service information can no longer be displayed.

6.3.3 The purchaser can acquire access to information, instructions and documents which are subject to a charge for one hour, one day, one week, one month or one year. The respective price is displayed in the webshop and before completion of payment in the shopping cart. After completion of payment, authorisation for access to the purchased information is issued for the following periods:

Hour pass: 60 minutes

Day pass: 24 hours

Week pass: 7 days

Month pass: 30 days

Year pass: 365 days

When payment is made by credit card, the booked flat rate period begins immediately. Special activation of access to the information is not required. The payment method "payment in advance" is available for a minimum amount of € 310.00 or more. The customer receives payment information and is required to transfer the amount for the booked flat rate within 14 days. After receipt of the payment, the customer receives an activation mail. The booked period of use begins automatically with the subsequent login.

Section 7 Limitations

AUDI AG shall make every reasonable effort to ensure full availability and to restore its functionality without unreasonable delay in the event of an interruption. Cases of force majeure (e.g. military conflicts, epidemics and pandemics, natural disasters, industrial disputes) or necessary maintenance, repair or other work on infrastructure belonging to AUDI AG or a third party to provide data, content, information or transmission capacities may lead to unavoidable, temporary disruptions or interruptions.

Server failures may mean that documents, instructions or information are temporarily unavailable or downloads are not possible. 

Section 8 Rights of use/copyright

8.1 AUDI AG expressly reserves all rights of publication, reproduction, processing, configuration and/or utilisation for the contents of the erWin webshop, in particular for the information provided there. AUDI AG holds these rights exclusively and completely. Any infringement is legally inadmissible and shall be prosecuted according to civil and/or criminal law (in particular Section 97, 106 UrhG (Copyright Act)).

8.2 Use must not under any circumstances be performed in a way which is in contravention of the law and/or contract, or for purposes which are in contravention of the law and/or contract (including the violation of the property rights of third parties or the use of unlawfully acquired or processed data). The user shall indemnify AUDI AG of any costs, expenses and liability which arise as a result of such use which is in contravention of the law and/or contract. AUDI AG shall be authorised to delete unlawful data without notice or disable use of the portal.

8.3 The user is not authorised to reverse engineer the coding of the erWin webshop or systems and systems, to decompile or disassemble them or take any other measures with the same or a similar effect, unless the applicable legislation expressly allows it (and only to the extent to which it is allowed), regardless of this restriction. The user shall not have the right to disclosure of the source code.

8.4 AUDI AG grants the user a simple user right for the information accessible in the erWin webshop. User rights for AUDI AG information purchased via the portal are for the user’s own use only and must not be transferred to third parties. The user commits to maintaining the protection notices included in the information, such as copyright notices and other legal reservations, unchanged.

8.5 If the user is an authority or testing body granted access to the information or technical data within the scope of Implementing Regulation EU 2019/621 for the purposes of implementation of technical monitoring of motor vehicles, the user is authorised to use the information and technical data for these purposes only.

8.6 Documents, instructions, software and contents must only be published and/or made accessible and/or forwarded with prior approval (completion of a licensing agreement) from AUDI AG. For this purpose, the user must make contact at the following e-mail address: erwinsupport@dx.one.gmbh  

8.7 Any automatic mechanical queries (bot) are prohibited; information gathered unlawfully in this manner are not covered by the user right as per clause 6.3.3.

Section 9 Payment

9.1 You will find information on prices for the products supplied in the erWin webshop at erWin product assistant < AUDI AG erWin Online.

The quoted prices are in euros and do not include the statutory value added tax.

9.2 In the event of conclusion of a contract, payment for access to the electronic service information in erWin as per the current price information in the erWin webshop is due on receipt of the order confirmation, and must be made online by credit card or, in case of a minimum amount of € 310.00, in advance by bank transfer. AUDI AG has the right to offset the payments of the customer against unsecured or older debts of the free choice of AUDI AG, despite any conditions of the customer to the contrary. If costs and interest have already been generated, AUDI AG shall be authorised to first offset the costs, then the interest, and finally the main services mentioned in the above sentence.

9.3 Payment is not considered to have been made until AUDI AG freely disposes of the full amount. In case of payment in advance, any fees incurred (e.g. in case of international bank transfers) must be paid by the purchaser. In case of default, AUDI AG shall have the right to demand interest for default. If the customer is a contractor, during the default period, the customer shall be required to pay interest on the debt of 8 percentage points above the main refinancing rate of the ECB (www.bundesbank.de). If the customer is a consumer, during the default period, the customer shall be required to pay interest on the debt of 5 percentage points above the main refinancing rate of the ECB (www.bundesbank.de). The right of AUDI AG to demand compensation of any damages going beyond this, remains unaffected. The customer shall only have the right to offset if AUDI AG has expressly agreed in writing, the receivable is undisputed, or if the counterclaims have been established in law.

9.4 If the customer is based outside of Germany, all direct taxes (e.g. withholding tax) which are raised or paid in the state in which the customer is registered as a result of the remuneration raised by AUDI, shall be paid by the customer.

Section 10 Performance period

10.1 The dates and deadlines specified by AUDI AG are non-binding provided that nothing to the contrary has been agreed and expressly confirmed in writing. AUDI AG shall have the right to provide partial services as long as the services are provided within the agreed period and the partial services are of interest to the customer.

10.2 Access to erWin and the possibility of use of the electronic service information end when the selected access period elapses without the need for revocation. Once the access period elapses, the electronic service information can no longer be displayed.

Section 11 Warranty and period of limitation

The statutory periods of limitation apply. Customer claims due to defects lapse two years from the provision of use of the electronic service information.

Section 12 Liability

12.1 The liability of AUDI AG for intent, gross negligence and product liability shall be governed by the statutory provisions; likewise liability regarding injury to body, life or health.

12.2 In cases of simple negligence, the liability of AUDI AG shall be limited to the breach of material contractual obligations, such as those which the respective contract specifically imposes on AUDI AG according to its content and purpose or the fulfilment of which makes the proper performance of the respective contract possible in the first place and on the observance of which the user regularly relies and may rely. This liability is limited to the typical damage foreseeable at the time of the conclusion of the contract, unless it concerns claims for damages by the customer arising from injury to life, body or health.

12.3 The personal liability of the legal representatives, vicarious agents and employees of AUDI AG for damage caused by them through slight negligence is excluded.

12.4 Irrespective of any fault on the part of AUDI AG, any liability on the part of AUDI AG in the event of fraudulent concealment of a defect, from the assumption of a guarantee or a procurement risk and in accordance with the Product Liability Act shall remain unaffected.

12.5 AUDI AG does not assume any warranty or liability for the availability of the erWin online shop and the information, documents, software and/or instructions provided therein at any time. Liability for damages or consequential damages as well as for financial losses due to a server failure is excluded, unless AUDI AG has caused the server failure by gross negligence or intentionally.

12.6 AUDI AG accepts no liability for the completeness and accuracy of the information, instructions and/or documents provided in the erWin online shop.

12.7 The customer is responsible for the professional implementation of the information, instructions and/or documents provided in the erWin online shop. Repairs to vehicles must always be carried out by trained specialist personnel. Furthermore, all safety instructions must be observed. The instructions must be followed and the customer must act prudently to avoid accidents, personal injury and damage to property. Before commencing work, the customer must ensure that it always uses the most up-to-date documentation of the available service information.

12.8 Disruptions to the erWin online shop may arise for reasons of force majeure, including strikes, lockouts and official orders, as well as due to technical and other measures which are necessary on the systems of AUDI AG or the network operators for proper operation or improvement of the services (e.g. maintenance, repair, system-related software updates, extensions). They may also result from short-term capacity bottlenecks due to service load peaks or from disruptions in the area of third-party telecommunications equipment. In the event of simple negligence on the part of AUDI, compensation for damage caused by delay may be claimed up to a maximum of the order value.

12.9 The contractual partner is solely responsible for providing and maintaining the end devices (e.g. hardware, operating systems, network connections, etc.) and other software as well as connectivity necessary for accessing the portal in order to use the software. It is his or her responsibility to ensure that the configuration and the technical status of the terminal equipment meet the necessary requirements in each case. The costs of remote access by the contracting party (in particular for the required terminal equipment and the contracting party's connection costs) shall be borne by the contracting party and the contracting party alone shall be responsible for the availability of the Internet connection. 

Section 13 Compliance with foreign trade law and export controls

13.1 The execution and performance of the contract is subject to the proviso that there are no obstacles to performance due to applicable provisions of foreign trade law and export control. In addition to national foreign trade law and EU export control law, including embargoes or other sanctions, this may also concern extraterritorially applicable export control and sanction regulations of the USA and other countries, insofar as their observance is permissible under EU legislation.

13.2 When using the purchased object, the Buyer shall be responsible for compliance with all applicable foreign trade and export control provisions, laws and regulations, in particular with regard to the import, export, re-export or use of the purchased object.

13.3 By placing its order, the Buyer expressly declares that it is not prohibited under any applicable export control or sanctions regulations from receiving and using the object of purchase.

13.4 The Buyer acquires the object of purchase exclusively for civil use. (Para)military, armament, nuclear or weapons-related use is excluded.

Section 14 Place of performance, applicable law and place of jurisdiction

14.1 The place of performance for all obligations for both contractual partners is Ingolstadt. The contractual relationship and thus the related legal relationships are subject exclusively to the law of the Federal Republic of Germany. The United Nations Convention on Contracts for the International Sale of Goods and the application of other laws, contracts etc. are excluded. Further mandatory provisions in accordance with the legislation of the state in which a consumer has his/her habitual residence, remain unaffected and can be asserted by the customer, provided that he/she is a consumer. These further mandatory provisions in accordance with the legislation of the other state include, for example, any right of revocation going beyond the right of revocation in clause 5 for a service which is not excluded from the right of revocation in accordance with the legislation of the other state, further offsetting options other than those stated in clause 9.3, or a period of limitation for claims for defects which is longer than those stated in clause 11.

The place of jurisdiction for all legal disputes resulting from or related to the contract, including the question of its realisation, is Ingolstadt, provided that the affected parties are business persons or persons with no general domestic place of jurisdiction, or their place of residence is unknown, and as long as no other binding place of jurisdiction is stipulated as a result of mandatory legal provisions. AUDI shall also have the right to take legal action in the place of jurisdiction of the contractual partner. 

14.2 Conditions which are contrary to or differ from these T&Cs, can be agreed. A separate written agreement is required for this purpose.

14.3 In the event that one of the above conditions should become invalid, either fully or in part, the validity of the other conditions remains unaffected.
 
14.4 Neither contractual party is responsible for partial or complete non-performance or delayed completion of obligations from the contract if, by reasonable and objective standards, the reasons cannot be influenced by this contractual party. These can in particular include natural events, earthquakes, fire, flooding, pandemics, epidemics, plagues, embargo, sabotage, attacks on IT systems by third parties (e.g. attacks by hackers), the actions or failures of authorities, war, acts of sabotage or terrorist attacks.

Section 15 Amendments to the Terms and Conditions 

AUDI AG reserves the right to amend these Terms and Conditions.  
AUDI AG will notify the Customer of the respective change by e-mail or in writing. Changes to these Terms and Conditions shall only become effective with your consent.

Section 16 Notice pursuant to section 36 of the Consumer Dispute Settlement Act (VSBG)

The European Commission provides a platform for online dispute resolution. 
The platform can be found at http://ec.europa.eu/consumers/odr/. 
We are not currently participating in this dispute resolution procedure.
We are not obliged and in principle also not prepared to participate in dispute resolution proceedings before a consumer arbitration board according to the German Consumers’ Dispute Settlement Act (VSBG).

Revocation policy

Right of revocation for consumers (Par. 13 BGB (German Civil Code))

You can revoke your contractual declaration in writing (e.g. letter, fax, e-mail) within 14 days without the need to state reasons. The period begins after receipt of this instruction in writing, but not before fulfilment of the obligations to inform of AUDI AG as per Art. 246 Par. 2 in conjunction with Par. 1 Section 1 and 2 EGBGB (Introductory Act to the German Civil Code) and the duties of AUDI AG as per Par. 312 e Section 1 S. 1 BGB (German Civil Code) in conjunction with Art. 246 Par. 3 EGBGB (Introductory Act to the German Civil Code). The timely dispatch of the revocation is sufficient in order to comply with the revocation period. The revocation must be addressed to:

dx.one GmbH
Brieffach 9050/6
Berliner Ring 2
38440 Wolfsburg

E-mail: erwinsupport@dx.one.gmbh

Please note:

The right of revocation for a contract relating to the delivery of digital contents not stored on a physical data storage device expires if we have started with implementation of the contract after you have expressly confirmed that we should start with implementation of the contract before the revocation period expires, and you have acknowledged that, by way of your acceptance, you relinquish your right of revocation once implementation of the contract begins.

Consequences of revocation

In the event of an effective revocation, the services received by both parties must be returned and any emoluments taken (e.g. interest) must be reimbursed. If you are unable to return the service rendered either in full or in part, or only in deteriorated condition, you shall be required to provide us with compensation for lost value to the respective extent as applicable.

To exercise your right of revocation, you can use the following sample revocation form. However, it is not compulsory.

Sample revocation form

(If you wish to revoke a contract, please fill our this form and return it to us).

To

[company, address, e-mail: xx@xx, telephone: xx,]

I/we (*) hereby revoke the contract completed by me/us (*) relating to the purchase of the following goods(*)/the provision of the following service (*):

________________________________________________


Ordered on (*)/received on (*):

_________________________________________________

Name of the consumer(s):

________________________________________________

Address of the consumer(s):

________________________________________________

Signature of the consumer(s) (for notification on paper only):

_______________________________________________

Date:
_______________________________________________

(*) Delete as applicable.

Special section 

Terms and Conditions ODIS

The following Terms and Conditions apply to the retrieval of the ODIS Service diagnostic software.

The paid use of the ODIS-Service diagnostic software is only permitted for traders who are registered as entrepreneurs with erWin online.

Section 1 Scope and object of the contract

1.1 These T&Cs apply to the accessing of diagnostics software ODIS-Service (referred to hereinafter as: ODIS-Service) from the erWin repair and workshop system in file form by way of download. The contractual partner is AUDI AG.

1.2 AUDI AG allows the service information to be used by traders (contractors as per Section 14 BGB (German Civil Code)) under the following conditions only.

Detailed information on the type and method of ordering and on reporting of incorrect entries can be found in the section "About erWin" under the headings "erWin info tour" and "Step by step".

1.3 ODIS is updated regularly. If you have questions, complaints or other messages related to an order in the erWin webshop, please send them to:

dx.one GmbH
Brieffach 9050/6
Berliner Ring 2
38440 Wolfsburg

E-mail: erwinsupport@dx.one.gmbh
Tel.: +49 800 – 86 55 79 24 36

1.4 The contract language is German.

Section 2 General obligations of the user

2.1 Any misuse of the ODIS Service diagnostic software that is contrary to the sole purpose of repairing a AUDI vehicle must be refrained from. Furthermore, no safety precautions may be circumvented that are likely to impair the functionality of the diagnostic infrastructure incl. adjacent systems, in particular by placing an excessive load on them.

2.2 In addition, no facilities may be used or applications executed which could lead to damage to or a functional failure of AUDI AG's facilities, in particular through changes to the physical or logical structure of the servers or the network of AUDI AG or other networks.

2.3 The customer is prohibited from using, directly or indirectly advertising or distributing any software, scripts or mechanisms in connection with the use of the ODIS Service Diagnostic Software.

Section 3 Order and conclusion of contract

3.1 Before placing an order, all services/goods selected by the customer, with all essential contractual components, in particular the total price - including taxes and duties - as well as, if applicable, the method of calculating the total price, shall be displayed again for review. Any input errors are then recognisable and can be corrected before the binding submission of the order. The Terms and Conditions can be called up again before placing the order. Before submitting the binding offer, these must be accepted by the customer.

3.2 The contract shall be concluded by AUDI AG sending an electronic order confirmation of the order to the buyer in response to the customer's order, thereby accepting the offer to conclude a contract for the ordered goods/services.

3.3. The booked flat rate of the diagnostic software ODIS starts from the first diagnostic session.

Section 4 Use and retrieval period

4.1 For the use of the diagnostic software ODIS Service (OBD information), the Customer receives a computer-bound licence which enables the use. Furthermore, they acquire the right to use all information on this PC for a specific period of time (hereinafter referred to as "licence period") on a computer-bound basis.

4.2 Each ODIS service flat rate can be used on several licensed testers of a AUDI dealership. Parallel use is only possible with the purchase of further flat rates. For use in a further AUDI dealership used by the customer, additional diagnostics flat rates must be purchased in accordance with the respective current price list.

4.3 The Customer may obtain access for one hour, one day, one week, one month or one year to chargeable information, instructions and documents. The respective price is displayed in the online shop and in the shopping cart before payment is completed. Upon completion of payment, authorisation to use the licensed diagnostics software ODIS Service is granted for the following periods:

Hourly flat rate: 60 minutes

Daily flat rate: 24 hours

Weekly flat rate: 7 days

Monthly flat rate: 30 days

Yearly flat rate: 365 days

The activation of the flat rate starts with the beginning of a diagnostics session. It cannot be interrupted and ends with the expiry of the described term. If the flat rate ends during an ongoing diagnostics session, this session can be completed.

The possibility of using ODIS ends with the expiry of the selected flat rate from the start date of the first diagnostics session without the need for termination. If a diagnostics session is started when the flat rate expires, it can still be carried out. After booking a flat rate, a partial refund of the unused term is not possible.

Section 5 Limitations 

AUDI AG shall make every reasonable effort to ensure full availability and to restore its functionality without unreasonable delay in the event of an interruption. Cases of force majeure (e.g. military conflicts, epidemics and pandemics, natural disasters, industrial disputes) or necessary maintenance, repair or other work on technical facilities which either belong to AUDI AG or a third party involved or are used to provide data, content, information or transmission capacities may lead to unavoidable, temporary disruptions or interruptions.

Server failures can lead to documents, instructions or information being temporarily unavailable or diagnostics work not being possible. 

Section 6 Rights of use / copyrights

6.1 AUDI AG expressly reserves all publication, reproduction, editing, design and/or exploitation rights to the contents of the ODIS Service Diagnostics System, in particular to the information provided therein. AUDI AG is entitled to these rights exclusively and in full. Any infringement is illegal and will be prosecuted under civil and/or criminal law (in particular section 97, 106 of the German Copyright Act (UrhG)).

6.2 Under no circumstances may the use be made in a manner contrary to the law and/or the contract or for purposes contrary to the law and/or the contract (incl. infringement of third party property rights or use of unlawfully obtained or processed data). The user shall indemnify AUDI AG against all costs, expenses and liability incurred by AUDI AG as a result of such use in breach of the law and/or the contract. AUDI AG is entitled to block access without further notice in the event of unlawful use.

6.3 The user is not entitled to reverse engineer, decompile, disassemble, or take any other action with the same or similar effect with respect to the coding of the ODIS Service Diagnostics Software and its components and involved systems or interfaces, unless (and only to the extent that) applicable law expressly permits it notwithstanding this limitation. A claim for surrender of the source code is excluded.

6.4 AUDI AG grants the user of the ODIS Service Diagnostics Software a simple right of use. Rights of use to AUDI AG information acquired through ODIS Service Licensing exist only for the user's own use and may not be transferred to third parties. The user undertakes to retain unchanged the protective notices contained in the information, such as copyright notices and other reservations of rights.

6.5 Publication and/or making available and/or passing on of documents, instructions, software and contents is only permitted with the prior consent of AUDI AG. The user must contact

dx.one GmbH 
Mailbox 9050/6 
Berliner Ring 2
38440 Wolfsburg 
e-mail: erwinsupport@dx.one.gmbh
Phone.: +49 800 – 86 55 79 24 36

in this regard.

6.6 Any automatic machine queries (bots) are not permitted; information obtained illegally in this way is not covered by the right of use pursuant to section 6.4.

Section 7 Payment, taxes

7.1 You will find information on prices for the products supplied in the erWin webshop under Products and services > Product assistant > Show all products. The quoted prices are in euros and do not include the statutory value added tax.

7.2 In the event of conclusion of a contract, payment for access to the electronic service information in erWin as per the current price information in the erWin webshop is due on receipt of the order confirmation, and must be made online by credit card or in advance by bank transfer. AUDI AG has the right to offset the payments of the customer against unsecured or older debts of the free choice of AUDI AG, despite any conditions of the customer to the contrary. If costs and interest have already been generated, AUDI AG shall be authorised to first offset the costs, then the interest, and finally the main services mentioned in the above sentence.

7.3 Payment is not considered to have been made until AUDI AG freely disposes of the full amount. In case of payment in advance, any fees incurred (e.g. in case of international bank transfers) must be paid by the purchaser. In case of default, AUDI AG shall have the right to demand interest for default. The customer shall be required to pay interest on the debt of 8 percentage points above the main refinancing rate of the ECB (www.bundesbank.de). The right of AUDI AG to demand compensation of any damages going beyond this, remains unaffected. The customer shall only have the right to offset if AUDI AG has expressly agreed in writing, the receivable is undisputed, or if the counterclaims have been established in law.
 
7.4 If the customer is based outside of Germany, all direct taxes (e.g. withholding tax) which are raised or paid in the state in which the customer is registered as a result of the remuneration raised by AUDI, shall be paid by the customer.

Section 8 Warranty and period of limitation

The statutory periods of limitation apply. Customer claims due to defects lapse two years from the provision of use of the electronic service information.

Section 9 Liability

9.1 The liability of AUDI AG for intent, gross negligence and product liability shall be governed by the statutory provisions; the same shall apply to liability for injury to body, life or health.

9.2 In cases of simple negligence, the liability of AUDI AG shall be limited to the breach of material contractual obligations, such as those which the respective contract specifically imposes on AUDI AG according to its content and purpose or the fulfilment of which makes the proper performance of the respective contract possible in the first place and on the observance of which the user regularly relies and may rely. This liability is limited to the typical damage foreseeable at the time of the conclusion of the contract, unless the customer's claims for damages arise from injury to life, body or health.

9.3 The personal liability of the legal representatives, vicarious agents and employees of AUDI AG for damage caused by them through slight negligence is excluded.

9.4 Irrespective of any fault on the part of AUDI AG, any liability on the part of AUDI AG in the event of fraudulent concealment of a defect, from the assumption of a guarantee or a procurement risk and in accordance with the Product Liability Act shall remain unaffected.

9.5 AUDI AG assumes no warranty and liability for the availability at any time of the ODIS Service system components and participating systems, as well as the information, documents, software and/or instructions provided therein. Liability for damages or consequential damages as well as for financial losses due to a server failure is excluded, unless AUDI AG has caused the server failure by gross negligence or intentionally.

9.6. AUDI AG accepts no liability for the completeness and accuracy of the information, instructions and/or documents provided in ODIS Service.

9.7 The customer is responsible for the professional implementation of the information, instructions and/or documents provided by ODIS-Service. Repairs to vehicles must always be carried out by trained specialist personnel. Furthermore, all safety instructions must be observed. The instructions must be followed and the customer must act prudently to avoid accidents, personal injury and damage to property. Before commencing work, the customer must ensure that it always uses the most up-to-date documentation of the available service information.

9.8 Disruptions to the ODIS Service system components and participating systems may arise for reasons of force majeure, including strikes, lockouts and official orders, as well as due to technical and other measures required on the systems of AUDI AG or the network operators for proper operation or improvement of the services (e.g. maintenance, repair, system-related software updates, new features). They may also result from short-term capacity bottlenecks due to service load peaks or from disruptions in the area of third-party telecommunications equipment. In the event of simple negligence on the part of AUDI, compensation for damage caused by delay may be claimed up to a maximum of the order value.

9.9 The contractual partner is solely responsible for providing and maintaining the terminal equipment (e.g. hardware, operating systems, network connections, etc.) and other software necessary for the use of the software, as well as data lines for accessing the ODIS Service and participating systems. It is his or her responsibility to ensure that the configuration and the technical status of the terminal equipment meet the necessary requirements in each case. The costs of remote access by the contracting party (in particular for the required terminal equipment and the contracting party's connection costs) shall be borne by the contracting party and the contracting party alone shall be responsible for the availability of the Internet connection.

Section 10 Compliance with foreign trade law and export controls

10.1 The execution and performance of the contract is subject to the proviso that there are no obstacles to performance due to applicable provisions of foreign trade law and export control. In addition to national foreign trade law and EU export control law, including embargoes or other sanctions, this may also concern extraterritorially applicable export control and sanction regulations of the USA and other countries, insofar as their observance is permissible under EU legislation.

10.2 When using the purchased object, the Buyer shall be responsible for compliance with all applicable foreign trade and export control provisions, laws and regulations, in particular with regard to the import, export, re-export or use of the purchased object.

10.3 By placing its order, the Buyer expressly declares that it is not prohibited under any applicable export control or sanctions regulations from receiving and using the object of purchase. 

10.4 The Buyer acquires the object of purchase exclusively for civil use. (Para)military, armament, nuclear or weapons-related use is excluded.

Section 11 Place of Fulfilment, Applicable Law and Jurisdiction

11.1 The place of fulfilment for all obligations of both contracting parties is Wolfsburg. The contractual relationship and the legal relationships in connection therewith shall be governed exclusively by the law of the Federal Republic of Germany. The UN Convention on Contracts for the International Sale of Goods, as well as the application of other laws, treaties etc. is excluded. The jurisdiction for all legal disputes arising from or in connection with the contract, including the question of its conclusion, shall be Wolfsburg, insofar as it concerns merchants or persons who have no general place of jurisdiction in Germany or whose place of residence or domicile is unknown and insofar as no other jurisdiction is prescribed as binding on the basis of mandatory legal provisions. AUDI shall also be entitled to take legal action at the general jurisdiction of the contractual partner. 

11. 2 Contradictory terms and conditions or terms and conditions deviating from these Terms and Conditions may be agreed upon. A separate written agreement is required for this purpose.  

11.3 Should any provisions of these Terms and Conditions and the contract on which they are based be wholly or partially invalid or unenforceable or subsequently lose their validity or enforceability, this shall not affect the validity of the remaining provisions of the contract and the Terms and Conditions. 

11.4 Neither Party shall be responsible for any partial or complete non-performance or late performance of any obligation under the Contract if the reasons for this are within the reasonable objective control of that Party. This may include, in particular, natural events, earthquakes, fire, floods, pandemics, epidemics, plagues, embargoes, riots, sabotage, attacks on IT systems by third parties (e.g. attacks by hackers), acts or omissions by public authorities, war, acts of sabotage, or terrorist attacks.

Section 12 Amendments to the Terms and Conditions 

AUDI AG reserves the right to amend these Terms and Conditions.  
AUDI AG will notify the Customer of the respective change by e-mail or in writing.