I. Preamble

  1. Volkswagen AG, Berliner Ring 2, 38440 Wolfsburg, entered in the Commercial Register of Braunschweig under number HRB 100484 (hereinafter referred to as "Volkswagen"), aims to give to companies usage rights to an application program interface (API) of Volkswagen enabling them to integrate this in their own software or applications and use the associated data and information (hereinafter referred to as "Product Data"). For this,Volkswagen provides the Open Configurator API (hereinafter referred to as "OKAPI").
  2. These Terms and Conditions of Use govern the contractual relationship between Volkswagen and the company, which uses OKAPI (hereinafter referred to as "User"). The contractual relationship in connection with the use of OKAPI begins with approval of the User's access request by Volkswagen (see III. 2.).

II. Scope

  1. OKAPI provides registered applications of the User access to Volkswagen’sProduct Data for different vehicle configurations. With this Product Data, registered applications of the User may display and evaluate the data.OKAPI and the herein provided product data is given to the User for the purpose of creating configurations, checking the buildability of a configuration and determine WLTP values. For a detailed product description (hereinafter referred to as "Product Description") see productdata.vwgroup.com.
  2. Volkswagen has carefully compiled the information provided through OKAPI. Nevertheless the information is only for customer information. The information provided through OKAPI is not binding and does not constitute a legal declaration of any kind by Volkswagen. Product Data of a vehicle are only binding if a User purchases a specified vehicle and Volkswagen confirms the order.
  3. The fact that vehicles can be configured by using OKAPI does not intend,that the specified vehicle is actual available in production.
  4. The User is solely responsible for the results and evaluations compiled on the bases of OKAPI.
  5. Data queries via OKAPI can be limited to a reasonable amount of requests per day and per application, in order to maintain an adequate service level of OKAPI.
  6. Volkswagen may make changes to these Terms and Conditions of Use, if they are reasonable for the User. Changes to these Terms and Conditions become part of the contract if the changes have been communicated to the User by e-mail, the User does not object within two weeks after receipt of the notification and Volkswagen has expressly informed the User in the change notification of this consequence. If the User objects to the changes on time, the changes to the User will not take effect. In this case, Volkswagen has the right to terminate the contractual relationship with one week’s notice to the end of a calendar month, provided that the continuation of the contract without the changes is impossible or unreasonable for Volkswagen.

III. Getting access to OKAPI

  1. For getting access to OKAPI, the User needs an access token. For this he must have a Client ID and Client Secret (hereinafter referred to as "Credentials") provided by Volkswagen.
  2. In order to get the Credentials, the User has to send an access request via E-Mail (okapi.vwag.r.wob@volkswagen.de) to Volkswagen in which the company’s full name and address, a contact person and the purpose is specified. Volkswagen can reject access requests of Users at its own discretion without disclosing any reasons.
  3. To get the access token, the User has to follow the technical documentation on the website productdata.vwgroup.com.

IV. Intellectual Property

  1. OKAPI and the published Product Data are and remain in the ownership of Volkswagen.
  2. Volkswagen grants the User for the duration of this contractual relationship a non-exclusive, non-transferable, revocable and non-sublicensable right for the use of OKAPI via the User’s applications, which are registered, for the sole purpose specified in Section II. 1. and in conformity with this Terms and Conditions of Use.
  3. The license to use OKAPI by getting the Credentials may not be sold, transferred, sub-licensed or otherwise published to any other person or company or for any other purposes.
  4. The User is entitled to disclose the Product Data from OKAPI or the results and evaluations compiled on the basis of OKAPI to third parties.

V. Pricing

  1. OKAPI is currently offered free of charge. Volkswagen expressly reserves the right to offer OKAPI for a reasonable fee according to the Product Description.
  2. Volkswagen also reserves the right to increase the fees if there is a substantive reason.
  3. Volkswagen will inform the User about price changes in advance. If the User does not accept the changes within six weeks, Volkswagen has the right to terminate the contract within the regular notice.

VI. Responsibility of the User and regulations for the use of OKAPI

  1. The given Credentials are to be treated in strict confidence by the User and his representatives and employees. If the Credentials are disclosed to a third party, the User must immediately contact Volkswagen.
  2. Since Volkswagen communicates with the User by e-mail, the User must have a valid e-mail address and access to the corresponding e-mail account. If the User’s e-mail address, the address, the contact person or the company name changes, the User has to inform Volkswagen immediately.
  3. The User will inform Volkswagen of any actual or potential conflict of interests within the scope of his request for getting access to OKAPI, for example if the User is affiliated with a Volkswagen competitor.
  4. The User undertakes not to infringe copyrights, naming rights and property rights of Volkswagen and third parties.
  5. The User is obliged to comply with all legal provisions and not to develop content that is unlawful or otherwise offensive.
  6. The User expressly declines neither circumvent Volkswagen's safety precautions nor use any facilities or applications that could lead to a damage or malfunction of OKAPI. In particular, the User does not cause any changes to the physical or logical structure of the servers or network of Volkswagen by using facilities or applications.
  7. If Volkswagen publishes later versions of the licensed OKAPI, the User is under obligation to procure and use the latest version of the same.
  8. The User will not take any action, which consumes data traffic which is not necessary for normal usage and leads to instability of the Volkswagen systems.
  9. The User will not avoid or exceed the limits for queries of OKAPI according to section II. 5. of this Terms and Conditions of Use.

VII. Rights and Responsibility of Volkswagen, Liability

  1. Volkswagen assumes no responsibility for the consistent availability of OKAPI. Volkswagen aims to provide an availability of OKAPI of 99 % per year. Nevertheless the information is only for customer information. The information regarding the availability of OKAPI is not binding and does not constitute a legal declaration of any kind by Volkswagen.
  2. Volkswagen may update OKAPI without informing the User as long as OKAPI materially conform to the current Product Description.
  3. Volkswagen may publish later versions of OKAPI.
  4. Volkswagen is not responsible for damage caused by the User by not keeping the Credentials confidential or for damages caused by a third party to whom the User has given access to OKAPI (see VI.1.).
  5. Furthermore, Volkswagen is liable according to the following provisions:
    1. If Volkswagen adheres to the legal provisions for damage caused by slight negligence, Volkswagen is only liable to a limited extent: In this case, liability only applies in the event of a breach of essential contractual obligations. This liability is also limited to the typical damage foreseeable at the conclusion of the contract.
    2. Regardless of any fault of Volkswagen, any liability for fraudulent concealment of a defect, for the assumption of a guarantee or of a procurement risk and the German Product Liability Act remain unaffected.
    3. Excluded is the personal liability of the legal representatives, vicarious agents and employees of Volkswagen for damages caused by them through slight negligence. For damages caused by them with the exception of legal representatives and executives due to gross negligence, the limitations of liability provided for this purpose in this Section VII. 5. apply accordingly.
    4. The limitations of liability of this Section VII. 5. do not apply to injury to life, body or health.

VIII. Data Protection

  • The Parties will comply with applicable data protection law, including the General Data Protection Regulation (GDPR). If the GDPR requires the parties to amend this Terms and Conditions of Use and/or to enter into additional agreements to be in compliance, the parties undertake to execute such amendment/additional agreements.

IX. Indemnification

  • The User hereby agrees to indemnify Volkswagen and its representatives, employees and vicarious agents of all liabilities, payment obligations, claims, costs, legal disputes or liability claims of third parties, which arise due to or in connection with
    1. the User’s behavior within the use of OKAPI, in particular, from the violation of this Terms and Conditions of Use,
    2. the User’s violations of industrial property rights, data protection specifications or other rights of third parties, or
    3. third party misuse of OKAPI where the abuse has been made possible by the User not taking adequate measures to protect the Credentials against such abuse.

X. Termination

  • This contract runs for an indefinite period and can be terminated by Volkswagen with a notice period of two weeks to the end of the calendar month by sending an e-mail to the User and by the User at any time by sending an e-mail to okapi.vwag.r.wob@volkswagen.de.
  • The right of termination for cause remains unaffected. In particular Volkswagen may terminate the contract without notice in the case of misuse of OKAPI by the User.

XI. Applicable Law and Jurisdiction

  • The exclusive place of jurisdiction for all claims arising from and in connection with the use of OKAPI or with this Terms and Conditions is Wolfsburg, Germany.
  • All disputes arising out of or in connection with these Terms and Conditions of Use shall be exclusively governed by the law of the Federal Republic of Germany; the application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded.

XII. Severability Clause

  • Should any of the above Terms and Conditions of Use be or become ineffective, this shall not affect the validity of the remaining provisions. In place of the ineffective conditions, such regulations should come into effect, which come closest to the economic purpose of the contract, with due regard for mutual interests.