These Premium Connectivity Terms describe your agreement as to the terms applicable to use of premium connectivity (collectively, “Premium Connectivity”) for your Fisker vehicle eligible for and receiving Premium Connectivity (“Vehicle”). By receiving Premium Connectivity, you accept these Premium Connectivity Terms and the Terms of Use, which apply and govern your use of the Services. Fisker may amend these Premium Connectivity Terms from time to time and such amended Premium Connectivity Terms shall be effective upon posting to this page.

1. All vehicles come with standard cellular connectivity together with wi-fi connectivity abilities. Premium Connectivity allows receipt of certain premium streaming services. These streaming services are subject to change from time to time at Fisker’s discretion.

2. Premium Connectivity is provided at no charge for the initial first three years after your date of purchase of a Fisker Ocean One and Fisker Ocean Extreme. For Fisker Ocean Ultra and Fisker Ocean Sport, Premium Connectivity is provided for the initial first five years after your date of purchase of a vehicle with the Ultimate Package added. After expiration of the applicable initial term, or if made otherwise available to you, your use of Premium Connectivity will be subject to payment of a monthly fee. Payment of the monthly subscription fee will be subject to the Payment Terms.

3. Some features in the future may become restricted or inapplicable due to hardware constraints. Fisker may suspend, modify, or terminate Premium Connectivity at any time, and you will not be entitled to a refund. You may terminate Premium Connectivity at any time, and you will not be entitled to a refund. Premium Connectivity is personal to you and may not be transferred upon sale of the Vehicle or to another person. You must inform Fisker when you sell or transfer your Vehicle. You are responsible for removal of any personal information and content, if any, that you may have stored before you sell or transfer your Vehicle.

4. You are responsible for maintaining the Vehicle in good working order so that Premium Connectivity can be provided. Premium Connectivity requires a third-party wireless service provider. The terms and conditions for any applicable wireless service provider are separate and Fisker is not bound by or responsible for them. Premium Connectivity is provided ‘as is’ without warranties of any kind and can be limited or discontinued entirely because of technological changes or other circumstances.

5. You are responsible for paying any third-party charges for apps and services you choose to use with Premium Connectivity. Your use of those apps and services will be subject to the terms and conditions of the provider and Fisker is not bound or responsible for them.

6. You expressly acknowledge and agree that the use of or any reliance upon any information or content available through Premium Connectivity is solely and completely at your own risk and responsibility. It is your sole responsibility to ensure that you (and/or any other occupant of your vehicle) follow instructions for use of Premium Connectivity and applications and services, and exercise good judgment and obey traffic and all other applicable laws and regulations, when operating your vehicle; using the equipment and service; and/or evaluating whether the use of any of the services (or the routing and direction data you receive) is safe and legal under the circumstances.

7. Various conditions beyond Fisker’s control may prevent or delay us from providing Premium Connectivity to you, or affect the quality of Premium Connectivity and performance of apps and services. Some examples are atmospheric, geographic, or topographic conditions (such as tall buildings, hills or tunnels), damage to or failure to maintain your Vehicle or the equipment in good working order, government laws, rules or regulations, failure, congestion or outages of utility or wireless networks (including interruption of cellular service), war, act of God, natural disaster, inclement weather, and labor strikes. In the event of any of the foregoing, we may, in our discretion, suspend or terminate the Service, without notice to you and without any liability. We are not responsible for delay or failure in providing Service due to conditions beyond our control and you are not entitled to credit or refund as a result of any such delay or failure.

8. Fisker does not warrant or guarantee that Premium Connectivity will be available at any specific time or at all times or to any geographic location, or that Premium Connectivity will be provided without interruption, delay or error. Neither we or any of our service partners make any warranties, express or implied about (1) the equipment or any other hardware or software used with Premium Connectivity, (2) Premium Connectivity, (3) noninfringement, or (4) an data or information or other services provided with Premium Connectivity. This includes, without limitation, warranties of security, title, content, quality, accuracy, timeliness, completeness, correctness, reliability, merchantability, or fitness for a particular purpose or use. All such warranties are expressly excluded by these terms of service. We expressly disclaim any and all express and implied warranties.

9. These terms are governed by the law of California unless your jurisdiction requires otherwise. You agree to resolve any dispute regarding these Payment Terms or use thereof in accordance with the dispute resolution provisions set forth in the Terms of Use, including resolution by arbitration and agreement not to join any claim you may have with a claim of any other party, or otherwise participate as a class representative, class member or in a private attorney general capacity. If any term is considered unenforceable, illegal or invalid, then such term will be eliminated, and the remaining terms shall continue in full force and effect. We reserve the right to assign these Payment Terms to any third party without notice or consent and these Payment Terms shall be binding upon such assignee.