These Mobility Kiosk Additional Terms and Conditions (“Additional Mobility Kiosk Terms”) set forth the terms and conditions that apply to Partner using the Mobility Kiosk. These Additional Mobility Kiosk Terms are an integral part of the (i) HERE Mobility Master Terms and Conditions (and all their respective referenced and attached Annexes, Schedules or Exhibits), or (ii) HERE Mobility Products - Partner Terms of Service (and all their respective referenced and attached Annexes, Schedules or Exhibits) (each and as applicable, the “Terms”). The term “Agreement” as used herein means (a) the HERE Mobility License Agreement including its applicable Terms, and the Data Protection Addendum (“DPA”), or (b) HERE Mobility Products - Partner Terms of Service and the DPA. All capitalized terms not otherwise defined herein shall have the meaning ascribed to such terms in the Agreement and the DPA. In the event of any conflict between the terms of these Additional Mobility Kiosk Terms and the Agreement, the terms of these Additional Mobility Kiosk Terms shall prevail and take precedence and modify those terms of the Agreement.   

In consideration for the rights and licenses granted to Partner under the Agreement and hereunder, the receipt and sufficiency of which are hereby acknowledged, the Parties agree to these Additional Mobility Kiosk as set forth below.

A. Additional Definitions.

The following definitions shall be added to Exhibit 1 (“Definitions”) of the Terms:

(1) “Kiosk Device” means a stand-alone device which is part of the Partner Materials, that supports the availability and functionality of the Mobility Products (i.e., screen resolution, operating system, browser, touch-enabled computer screen, etc.).

(2) “Mobility Kiosk” means a webpage provided by HERE to Partner that allows a Consumer to directly interact with and request Mobility Services via the Partner Materials as integrated with the Mobility Products, and may include, without limitation, HERE trademarks, dashboards, dynamic elements, icons, drop down menus, fields, content, Consumer Data, and the Ride Tracker. The Mobility Kiosk is licensed as a single unit and its component parts may not be separated for individual use.

B. Additional Mobility Products Terms.

The following terms and conditions shall be added to Section 1 (“Additional Provision and Use of The Mobility Products Terms”) of the Terms:

(1) Customization. Partner acknowledges that the inclusion of Partner Materials such as Partner’s logo and brand colors, as part of the Mobility Kiosk, may require customization of the Mobility Kiosk via the Account. Subject to the parties’ mutual agreement, HERE may provide Partner with assistance in any such customization. Partner acknowledges and agrees that making the Mobility Kiosk as customized with the Partner Materials available to the public via the Partner Materials, constitutes Partner’s acceptance and confirmation of any such customization (whether made by HERE or otherwise).

C. Additional License Terms and Conditions.

The following terms and conditions shall be added to Section 2 (“Grant of License; License Restrictions”) of the Terms:

(1) HERE hereby grants to Partner a limited right to sub-license the license granted to it under Section 2.1 of the Terms to: (i) third party providers of a Kiosk Device (“Kiosk Device Provider”) which Partner integrates with a Mobility Kiosk, and (ii) third party vendors (“Vendors”) that make available on their premises, a Kiosk Device, which is part of the Partner Materials, integrated with the Mobility Kiosk. The foregoing sub-licensing right is limited solely for the provision of the Mobility Kiosk as part of a Kiosk Device as one unit; and provided Partner shall: (a) remain fully liable for the performance, act and omissions of the Kiosk Device Providers or the Vendors (as applicable); (b) enter into a written contract with each Kiosk Device Provider or Vendor (as applicable) on terms which provide at least the same level of protection to HERE as set out in the Terms; (c) promptly provide HERE with a copy of the contract with a Kiosk Device Provider or Vendor (as applicable) and any related documents, upon HERE’s request; and (d) have the right to audit the compliance of each Kiosk Device Provider or Vendor (as applicable) with their contractual obligations. Partner shall not represent itself as HERE’s agent for any purpose, or give any warranty or condition, or make any representation on HERE’s behalf, or commit HERE to any contracts, or incur any liability on HERE’s behalf. Furthermore, Partner shall not make any warranties, representations, guarantees or other commitments with respect to the capabilities, specifications or features of the Mobility Products which are inconsistent with those contained in the Agreement and/or the Mobility Products’ documentation.

D. Additional Data Terms and Conditions.

The following terms and conditions shall be added to Section 3 (“Data”) of the Terms and to the DPA:

(1) While using the Mobility Products, Partner Account Data, certain Partner Personnel Data and Consumer Data shall be made available to HERE. Partner hereby grants HERE a royalty-free, fully-paid, irrevocable, non-exclusive license to use, process, display, copy and store such Partner Account Data , Partner Personnel Data and Customer Data in order to (i) provide the Mobility Products to Partner; and (ii) administer and make improvements to the Mobility Products.

(2) The parties agree that the subject matter, nature and purpose of the processing of Data is the provision of Mobility Services and/or access to the Mobility Services in accordance with the Agreement.

(3) The types of Personal Data being processed, and the categories of Data Subjects are related to Partner Account Data, Partner Personnel Data, and Consumer Data.