User Terms for OnStar Guardian
Last Updated March 2, 2023
This software application (the “Application”) and the services made available to you through the Application (the “Application Services”) are provided by General Motors Holdings LLC (when offered in the United States) or General Motors of Canada Company (when offered in Canada) and their respective affiliates (“GM” or “we” or “us”) via the authorized Apple or Android smartphone (“Device”) that you own or are authorized to use. The Application Services may include detection of a crash event in a vehicle in which you are traveling. The Application Services may also include the ability to initiate a call to OnStar Advisors, receive roadside assistance services, and view location and other information of the Devices owned by or authorized to be used by the members of your “My Family” group. The Application is available to OnStar Members with select OnStar service plans, but an OnStar service plan is not required to create an Application account or to use the Application Service.
These terms (“Terms”) govern your use of and access to the Application Services on your Device and are in addition to any terms you may have accepted for OnStar and connected services. Please review these Terms carefully.
IMPORTANT: THESE TERMS CONTAIN A MANDATORY ARBITRATION PROVISION THAT, AS FURTHER SET FORTH IN PARAGRAPH I, BELOW, REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES. THIS MEANS THAT YOU ARE GIVING UP THE RIGHT TO SUE IN COURT OR IN CLASS ACTIONS OF ANY KIND.
When you click to accept the following terms or when you access or use the Application Services on your Device, you agree to the following Terms.
A. USE OF APPLICATION SERVICES
1. You may only use the Application Services when it is safe to do so, in compliance with the law and these Terms, and you may not use the Application Services offered through your Device while driving.
2. The Application Services are subject to limitations, including:
a. The Application Services are solely intended for use in light passenger vehicles (cars and trucks) and motorcycles. A “motorcycle” is a two-wheeled motorized vehicle with a saddle or seat that can attain speeds greater than 30 mph on a level surface and can be operated legally on public roads.
b. The Application will not detect all crashes (for example, if your vehicle is stationary for an extended period of time). The vehicle must be moving at a sufficient speed (approximately 5 miles per hour) for a certain amount of time (approximately 10 seconds) before it can begin to detect a crash event. If a crash is detected, the Application can connect a call from an OnStar Advisor automatically on Android smartphones only; all other Devices require you to answer the call.
c. The Application may not connect to an OnStar Advisor in all instances. Dial “911” in case of an emergency.
d. A cellular signal, GPS signal, and sufficient battery life on your Device are required for the Application Services to operate properly.
e. You must provide all requested Application and Device permissions for the Application Services to operate properly.
f. The Application Services use and rely upon your Device’s sensors and functionality, including GPS signal and cellular signal, and are subject to any inaccuracy and other limitations thereof.
g. Updates made to your Device may impact the ability of the Application to provide the Application Services.
h. Once you log into the Application, it will continue to run in your Device’s foreground or background until you log out, even if you close the Application.
i. Failure to download available updates to the Application may limit access to the Application Services.
j. Application Services may be limited if the Application is archived in your Device’s operating system.
3. IF YOU PROVIDE AN EMERGENCY CONTACT, YOU CONSENT TO US CONTACTING THAT PERSON ON YOUR BEHALF AND PROVIDING THAT PERSON WITH INFORMATION ABOUT YOU IN CONNECTION WITH THE APPLICATION SERVICES, INCLUDING YOUR DEVICE’S LOCATION. YOU MUST ALSO OBTAIN PRIOR CONSENT FROM THAT PERSON BEFORE PROVIDING THAT EMERGENCY CONTACT. YOU MUST ALSO NOTIFY YOUR SELECTED EMERGENCY CONTACT THAT YOU HAVE SHARED HIS/HER/THEIR PERSONAL INFORMATION WITH US AND WE WILL USE THAT INFORMATION TO CONTACT HIM/HER/THEM ON YOUR BEHALF.
4. Roadside assistance services are provided by Allstate Roadside Services for light passenger vehicles (cars and trucks) and motorcycles only. Limitations on the number and type of roadside assistance service that may be received apply.
5. We may collect, use, and share information about you, including the location of your Device as described in the Privacy Statement for OnStar Guardian available at: https://www.onstar.com/us/en/privacy_statement/ (when offered in the United States) or https://static-content.onstar.com/OnStarMobilePrivacy/OnStarMobilePrivacy.htm (when offered in Canada).
6. You may not use the Application Services to harass or harm any person, or for any improper, unlawful, or unauthorized purpose.
7. You are responsible for maintaining the security of your Device. We are not responsible for the acts of third parties who may access the Application Services and information through your Device. You are required to keep your account and password secure and not disclose them to any third parties. We are not responsible for the acts of third parties who may access the Application Services and information through your Device. You should use all security features of your Device, including any password, locking, or encryption features, to protect against unauthorized access and use of the Application Services and your information. In addition, you will ensure that any third party that you authorize or permit to access the Application Services through your Device or your account agrees (i) to be bound by these Terms, and (ii) that GM may pursue any available legal actions or technical measures directly against such third parties (a) in order to ensure compliance with these Terms, or (b) where GM otherwise believes such actions or measures are appropriate to address actual or potential safety, security, privacy, or compliance issues that may impact you, your Vehicle, or us;
8. You are responsible for ensuring that all members of your “My Family” group know that anyone with access to the Application Services through your Device (or through the Device of another member of your “My Family” group) may be able to access information about their Device, including the location of their Device. You can disable sharing of your Device location to the other members of your “My Family” group in the Application’s settings, but if you disable sharing of your Device location in your Device settings, some of the Application Services will not function properly.
9. By using the Application Services, you affirm that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms. If you violate or do not agree to these Terms, then your access to and use of the Application Services is unauthorized. You also represent and warrant that You (a) have reached the age of majority in your jurisdiction of residence and have full legal capacity to enter into binding contracts, or (b) are at least 13 years of age and possess legal parental or guardian consent and are fully able and competent to enter into and abide by this Terms. If You do not satisfy these eligibility requirements, then You should decline this Terms using the mechanism we make available to You. You are not permitted to use any of the Services until such time as You satisfy these eligibility requirements and agree to all of the terms of the Terms.
10. GM grants you a non-commercial, non-exclusive, non-transferable, limited, terminable license to use the Application and the Application Services solely with your Device, throughout the United States and Canada, subject to your compliance with these Terms. The Application is licensed, not sold, to you, solely for your personal use. GM retains all right, title, and interest in and to the Application, the Application Services and all related data and information, including intellectual property and proprietary rights and interests.
11. You agree not to modify, copy, alter, reverse engineer, disassemble, remote, alter, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained through the Application and Application Services without GM’s prior written permission. You agree not to use any robot, spider, other automatic device, or manual process to monitor, access, or copy the Application or the content contained in it or for any other unauthorized purpose without GM’s prior written permission. You agree not to use any device, software or routine to interfere with or attempt to interfere with the proper working of the Application or any activities conducted through the Application. You will use the Application and Application Services only for your personal, noncommercial use.
12. You will not copy, reproduce, distribute, decompile, reverse engineer, disassemble, remove, alter, circumvent, or otherwise tamper with any security technology, convert to any use not authorized by us or claim ownership in the Application Services or our or any other party’s information or materials associated with the Application Services;
13. You will not attempt to breach any security measures of the Application Services;
14. In the event that you or any third party authorized by you uses software that accesses, collects, or analyzes data, interfaces, or services (“Tools”) from or related to the Application or the Application Services, GM reserves the right to audit and review the underlying materials and source code for such Tools to fully understand how such Tools operate, including to assess any potential interference such Tools may present to the integrity and security of the Application, the Application Service or any Vehicle, and to determine whether such Tools conduct activities not authorized by these Terms and the license granted to you hereunder. In furtherance of the foregoing, you grant, and grant on behalf of any third party authorized by you to use Tools on the Application or the Application Services, GM a nonexclusive, fully-paid, irrevocable, royalty-free license to reverse engineer, dissemble, decompile, access, use and otherwise exploit the Tools, without liability to GM and without waiving any of GM’s rights or remedies. Furthermore, GM and its agents reserve the right to obtain the Tools on GM’s own behalf, with any downloading, installation and use of the Tools to be governed exclusively by these Terms with respect to the collection or analysis of data from the Application or the Application Services irrespective of any terms and conditions generally applicable to use of the Tools;
15. Your access to the Application Services may be restricted or terminated for any reason, including but not limited to, if GM reasonably suspects a risk of fraud or misuse. GM reserves the right to change, restrict access to, suspend or discontinue the Application or Application Services at any time.
B. THIRD PARTY SERVICES
1. Your use of the Application Services may involve services made available to you by third parties, such as the wireless services provided for your Device by your wireless carrier, and map and data services. Use of services made available by third parties may involve you sharing your location, search query, and other data with these third parties. You can disable sharing of your Device location in your Device settings. You may also receive promotions and offers from participating third party retailers through the Application Services. These third party services, promotions and offers, and any related transactions you enter into are solely between you and the third party. We cannot guarantee their performance, reliability, or security, and we are not responsible for any losses or damages they may cause, such as any loss of personal information through third party network services.
2. If your Device is an Apple device, then the following paragraph applies: You are entering into the Agreement, including these Terms, with GM and not with Apple Inc. (“Apple”). However, Apple and its subsidiaries are third party beneficiaries of the Agreement, and Apple may enforce the Agreement. We are solely responsible, as provided in these Terms, for the Application and its associated information; Apple makes no warranty with respect to the Application or the information and has no obligation whatsoever to furnish any maintenance and support services for the Application. Apple is not responsible for addressing any claims relating to the Application or its associated information or your possession or use of the Application, including but not limited to: (i) product liability claims, (ii) any claims that the Application fails to conform to any legal or regulatory requirement, and (iii) claims arising under consumer protection and similar legislation. If a third party claims that the Application, its associated information, or your possession or use of the Application or associated information infringes a third party’s intellectual property rights, Apple is not responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim. You acknowledge that you have reviewed the App Store Terms located online at http://www.apple.com/legal/itunes/us/terms.html#APPS and that you shall comply with such terms.
Any fees for the Application Services must be paid in advance unless the Application Service offer expressly states otherwise. If you have a credit card, debit card, bank account or similar payment account on file with us (collectively, “Payment Account”) and have set up automatic billing, we will automatically charge your Payment Account according to the terms of your authorization. If your Application Service payment due date falls on a weekend or holiday, we may charge you the next business day. In the event your payment is returned to us for insufficient or uncollected funds, you authorize us to resubmit the payment. Payment processing fees associated with your Payment Account, such as currency conversion fees, insufficient fund fees, reversal fees, or overdraft fees are your responsibility. We may receive automatic updates of your Payment Account information from the Payment Account’s financial institution or affiliated payment network in order to keep your payment information current. You may update your Payment Account or cancel your authorization at any time by calling us at 1.888.4.ONSTAR.
Fees for the Application Services may change over time, and we will charge the prices then in effect for the applicable payment period. You will be notified of any price increase applicable to your selected Application Services so that you can cancel the Application Services if you do not wish to pay the higher price. Any fees paid by you prior to your cancellation of the Application Services are nonrefundable.
1. To help improve the quality of our websites, mobile apps, and connected vehicle services we may provide user feedback channels to allow you to share your experiences. By submitting feedback, you accept the following and agree that you will not use or attempt to use feedback channels for any unlawful purpose, including any purpose that:
a. Promotes violence, abuse, or harassment to an individual or group of people;
b. Transmits any advertisements, solicitations, schemes, or other unsolicited commercial communications;
c. Encourages child exploitation or otherwise harms minors in any way;
d. Impersonates or otherwise misrepresents your affiliation with any person or entity;
e. Incites illegal or unlawful activities;
f. Violates any third party's intellectual property rights;
g. Infringes any third party's right of privacy; or
h. Unlawfully transmits or uploads any confidential, proprietary or trade secret information.
2. By submitting feedback, you grant GM a worldwide, non-exclusive, royalty-free license to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute such feedback in any and all media or distribution methods now known or later developed. You agree that this license includes the right for GM to promote and improve our services and make any feedback you submit available to our affiliates and third parties for syndication, broadcast, distribution, promotion, and publication.
3. No compensation will be paid to you with respect to any feedback you submit and your use of our websites, mobile apps, and connected vehicle services are hereby agreed as being sufficient compensation for the rights granted.
4. You acknowledge and agree that you are solely responsible for any feedback you provide, including compliance with applicable laws, rules, and regulations. GM does not take responsibility for any user feedback and does not endorse any user feedback or opinions expressed. GM reserves the right at all times, in its sole discretion and without notice to you, to remove any objectionable feedback and to revoke your account for violating these Terms.
F. DISCLAIMER OF WARRANTIES
The following paragraphs F(1) – F(3) do not limit Section 10 of the Quebec Consumer Protection Act, if such section is otherwise applicable.
1. GM MAKES NO REPRESENTATIONS, CONDITIONS OR WARRANTIES IN RESPECT TO THE APPLICATION OR THE Application SERVICES. THE APPLICATION AND THE APPLICATION SERVICES THAT GM MAKES AVAILABLE TO YOU ARE PROVIDED “AS IS” AND AS AVAILABLE INCLUDING WITH ALL FAULTS AND ERRORS AS MAY OCCUR THEREIN. GM, ON BEHALF OF ITSELF AND ALL GM AFFILIATES, EXPLICITLY DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES OF ACCURACY OR NONINFRINGEMENT IN RESPECT TO THE APPLICATION OR THE APPLICATION SERVICES.
2. GM DOES NOT PROVIDE ANY WARRANTIES REGARDING THE AVAILABILITY, PERFORMANCE OR OPERATION OF THE APPLICATION OR THE APPLICATION SERVICES. GM DOES NOT PROVIDE ANY WARRANTY AS TO THE AVAILABILITY OF THE APPLICATION OR THE APPLICATION SERVICES OR THAT THE APPLICATION SERVICES WILL OPERATE WITHOUT INTERRUPTION OR ERROR FREE. GM DOES NOT PROVIDE ANY WARRANTY THAT THE APPLICATION OR THE APPLICATION SERVICES WILL CONTINUE IN EXISTENCE FOR ANY PERIOD OF TIME AND DOES NOT WARRANT THAT FUTURE OPERATION WILL BE COMPATIBLE WITH CURRENT OPERATION.
3. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMERS OF IMPLIED OR OTHER WARRANTIES, SO SOME OF THE ABOVE DISCLAIMERS MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION’S LAW IS APPLICABLE TO THIS AGREEMENT, IN WHICH CASE GM WARRANTIES SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. GM DOES NOT GUARANTEE OR WARRANT THE ACCURACY OF ANY INFORMATION MADE AVAILABLE TO YOU THROUGH THE APPLICATION OR THE APPLICATION SERVICES.
G. LIMITATION OF LIABILITY
THE FOLLOWING PARAGRAPHS DO NOT LIMIT SECTION 10 OF THE QUEBEC CONSUMER PROTECTION ACT, IF SUCH SECTION IS OTHERWISE APPLICABLE. TO THE EXTENT ALLOWED BY LAW AND UNLESS PROHIBITED BY LAW, GM WILL NOT BE LIABLE IN ANY WAY IN CONNECTION WITH THESE TERMS, OR THE APPLICATION OR THE APPLICATION SERVICES FOR ANY INDIRECT, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OR AMOUNTS FOR LOSS OF INCOME, PROFITS OR SAVINGS ARISING OUT OF OR RELATED TO THESE TERMS, THE APPLICATION OR THE APPLICATION SERVICES. THESE LIMITS AND EXCLUSIONS APPLY EVEN IF GM KNEW OR SHOULD HAVE KNOWN ABOUT THE POSSIBILITY OF THE DAMAGES AND WHETHER ARISING BASED ON NEGLIGENCE, TORT OR BREACH OF CONTRACT. TO THE EXTENT THAT ANY COURT FINDS GM LIABLE FOR ANY CLAIM UNDER THESE TERMS AND ALLOWED BY LAW, YOU AGREE THAT GM SHALL ONLY BE LIABLE FOR DIRECT DAMAGES AND THE MAXIMUM DAMAGES FOR ALL CLAIMS IN THE AGGREGATE UNDER THIS AGREEMENT SHALL BE NO GREATER THAN $100.00.
FURTHER, THIRD PARTY PROVIDERS ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF GM. TO THE EXTENT PERMITTED BY LAW, GM DOES NOT ASSUME LIABILITY FOR ANY INJURY, DAMAGE, DEATH, LOSS, ACCIDENT, OR DELAY DUE TO AN ACT OR OMISSION OF A THIRD PARTY PROVIDER. TO THE EXTENT PERMITTED BY APPLICABLE LAW, GM SHALL NOT BE RESPONSIBLE FOR ANY THIRD PARTY PROVIDER'S BREACH OF ANY WARRANTY INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, NON-INFRINGEMENT, OR ACCURACY, NOR SHALL GM BE RESPONSIBLE FOR ANY OTHER BREACH OR WRONGDOING OF A THIRD PARTY PROVIDER (INCLUDING ANY LIABILITY IN TORT), AS TO ANY APPLICATION SERVICES OR INFORMATION AVAILABLE THROUGH THE SERVICES. GM SHALL NOT BE RESPONSIBLE FOR ANY THIRD PARTY PROVIDER’S FAILURE TO COMPLY WITH THIS LICENSE NOR FOR ANY THIRD PARTY PROVIDER’S FAILURE TO COMPLY WITH APPLICABLE FEDERAL, STATE, PROVINCIAL, AND LOCAL LAW. THIS LIMITATION OF LIABILITY SECTION will survive any expiration OR TERMINATION of these Terms OR your use of the Application Services.
In consideration of GM’s provision of the Application Services to You, to the maximum extent allowable by law and unless prohibited by law, You agree to defend, indemnify and hold harmless GM, and its parent corporation, subsidiaries, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to legal fees) arising from: (i) your use of and access to the Application Services; (ii) your violation of any term of these Terms; or (iii) your violation of any third party right, including without limitation any copyright, trademark, property, publicity or privacy right. These defense and indemnification obligations will survive any expiration or termination of these Terms and your use of the Application Services.
I. DISPUTES AND ARBITRATION; APPLICABLE LAW
The following paragraphs I(1) – I(4) do not limit Sections 11.1 and 19 of the Quebec Consumer Protection Act, if such sections are otherwise applicable.
1. ANY MATTER WE ARE UNABLE TO RESOLVE AND ALL DISPUTES OR CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS, INCLUDING ITS FORMATION, ENFORCEABILITY, PERFORMANCE, OR BREACH (EACH, A “CLAIM”), WITH THE EXCEPTION OF THE INTELLECTUAL PROPERTY MATTERS DESCRIBED BELOW, SHALL BE FINALLY SETTLED BY BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (THE “AAA”) IN ACCORDANCE WITH THE PROVISIONS OF ITS COMMERCIAL ARBITRATION RULES AND THE SUPPLEMENTARY PROCEDURES FOR CUSTOMER-RELATED DISPUTES, EXCLUDING ANY RULES OR PROCEDURES GOVERNING OR PERMITTING CLASS ACTIONS. THE ARBITRATOR, AND NOT ANY FEDERAL, PROVINCIAL, STATE, OR LOCAL COURT OR AGENCY, SHALL HAVE EXCLUSIVE AUTHORITY TO RESOLVE ALL CLAIMS. THE ARBITRATOR SHALL BE EMPOWERED TO GRANT WHATEVER RELIEF WOULD BE AVAILABLE IN A COURT UNDER LAW OR IN EQUITY. THE ARBITRATOR’S AWARD SHALL BE BINDING ON THE PARTIES AND MAY BE ENTERED AS A JUDGMENT IN ANY COURT OF COMPETENT JURISDICTION. THE PARTIES EXPRESSLY WAIVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. THEY FURTHER UNDERSTAND THAT, IN SOME INSTANCES, THE COSTS OF ARBITRATION COULD EXCEED THE COSTS OF LITIGATION AND THE RIGHT TO DISCOVERY MAY BE MORE LIMITED IN ARBITRATION THAN IN COURT.
2. ANY ARBITRATION WILL BE CONDUCTED BY THE PARTIES IN THEIR INDIVIDUAL CAPACITIES ONLY AND NOT AS A CLASS ACTION OR OTHER REPRESENTATIVE ACTION, AND THE PARTIES WAIVE THEIR RIGHT TO FILE A CLASS ACTION OR SEEK RELIEF ON A CLASS BASIS. IF ANY COURT OR ARBITRATOR DETERMINES THAT THE CLASS ACTION WAIVER SET FORTH IN THE PRECEDING SENTENCE IS VOID OR UNENFORCEABLE FOR ANY REASON OR THAT AN ARBITRATION CAN PROCEED ON A CLASS BASIS, THEN THE ARBITRATION PROVISIONS SET FORTH UNDER THESE TERMS SHALL BE NULL AND VOID IN ITS ENTIRETY AND THE PARTIES SHALL BE DEEMED TO HAVE NOT AGREED TO ARBITRATE CLAIMS.
3. THE RULES GOVERNING THE ARBITRATION MAY BE ACCESSED AT WWW.ADR.ORG OR BY CALLING THE AAA AT +1-800-778-7879. TO THE EXTENT THE INITIAL FILING FEE FOR THE ARBITRATION EXCEEDS THE INITIAL FILING FEE FOR A LAWSUIT, WE WILL PAY THE DIFFERENCE IN FEES.
4. THE ARBITRATION SECTIONS ABOVE DO NOT APPLY TO ANY CLAIM (I) IN WHICH A PARTY IS ATTEMPTING TO PROTECT ITS INTELLECTUAL PROPERTY RIGHTS (SUCH AS ITS PATENT, COPYRIGHT, TRADEMARK, TRADE SECRET, OR MORAL RIGHTS, BUT NOT INCLUDING ITS PRIVACY OR PUBLICITY RIGHTS), OR (II) THAT MAY BE BROUGHT IN SMALL-CLAIMS COURT.
5. When the Application Services are offered in the United States, these Terms will be governed by and construed under the laws of the United States (including federal arbitration law) and the State of Michigan, without regard to conflicts of laws principles.
6. WHEN THE APPLICATION SERVICES ARE OFFERED IN CANADA, THESE TERMS AND ANY DISPUTES ARISING OUT OF OR RELATING TO IT SHALL BE GOVERNED BY THE LAW OF THE PROVINCE OR TERRITORY IN WHICH IT IS ENTERED INTO BY YOU. IF THIS SECTION H (DISPUTES AND ARBITRATION; APPLICABLE LAW) IS HELD TO BE INVALID OR UNENFORCEABLE, THEN FOR ANY CLAIMS THE PARTIES CONSENT TO PERSONAL JURISDICTION AND EXCLUSIVE VENUE IN THE CAPITAL CITY OF THE PROVINCE WHOSE LAWS GOVERN THESE TERMS (AS SET OUT IN THIS SUBSECTION 6), OTHER THAN IN ALBERTA THE VENUE SHALL BE CALGARY AND IN BRITISH COLUMBIA THE VENUE SHALL BE VANCOUVER.
7. Limitations on Claims and Survival. The following paragraph does not limit Section 11.1 of the Quebec Consumer Protection Act, if such section is otherwise applicable. To the extent permitted by law and unless prohibited by law, You agree that You must file any arbitration request, claim, or cause of action arising out of or related to access to and/or use of the Application Services or otherwise relating to these Terms within one (1) year after the events giving rise to such request, claim, or cause of action, or You shall be forever barred from filing such request, claim or cause of action. These Terms shall not be subject to the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. The terms set forth in this Disputes and Arbitration; Applicable Law Section of these Terms will survive any expiration or termination these Terms and your use of the Application Services.
We may update any part of these Terms from time to time in our sole discretion. When changes are made, we will notify you of such changes by any reasonable means, including by posting revised Terms in the Application. We will also update the “Last Updated” date at the top of these Terms. Your continued use of or access to the Application Services constitutes your acceptance of such changes. IF YOU DO NOT AGREE TO COMPLY WITH THESE OR ANY FUTURE TERMS, DO NOT USE OR ACCESS (OR CONTINUE TO USE OR ACCESS) THE APPLICATION SERVICES.
K. COPYRIGHT AND TRADEMARK NOTICES
All content of the Application is: Copyright ©2023 General Motors LLC and/or its subsidiaries, affiliates or licensors. Content may not be reproduced, distributed, modified or reported without the express written permission of General Motors, LLC.
Except as otherwise provided in these Terms, these Terms apply from the date of your acceptance until the Application Services are cancelled or terminated by you or us as permitted in in these Terms. OnStar Guardian Members without any additional OnStar service plans may cancel the Application Services by navigating to the settings menu in the Application. OnStar Members with an OnStar service plan with an OnStar Guardian add-on may only cancel the Application Services by contacting us at 1.888.4.ONSTAR at any time. Members cannot cancel Application Services simply by uninstalling the Application from their Device. That Member does not have to cancel any other active service plan he or she may have at the same time unless he or she chooses to do so. The Application Services will no longer be provided to the other members of the “My Family” group if we or the OnStar Member with the OnStar Guardian service plan (or OnStar Guardian service plan add-on) cancels the OnStar Guardian service plan (or OnStar Guardian service plan add-on).
These Terms for OnStar Guardian and any other legal notices published by GM on the Application or through the Application Services constitute the entire agreement between you and GM concerning the Application and Application Services. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and GM’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. These Terms, and any rights and licenses granted in these Terms, may not be transferred or assigned by you but may be assigned by GM without restriction.
For further details and limitations, or if you have any other questions, comments or complaints regarding the Application Services, feel free to contact us at any time by pressing the blue OnStar button within the Application, emailing us at TTY@OnStar.com, mailing us at OnStar Subscriber Services at either PO Box 1027, Warren, MI 48090-1027 or PO Box 455, Station A, Windsor, ON N9A 6L7, or calling us at 1.888.4.ONSTAR (1.888.466.7827), or for TTY users (hearing/speech impaired): 1.877.248.2080.
The parties hereto confirm that it is their wish that these Terms , as well as all other documents relating hereto, including all notices, have been and shall be drawn up in the English language only. Les parties aux présentes confirment leur volonté que cette convention, de même que tous les documents, y compris tout avis, qui s’y rattachent, soient rédigés en langue anglaise.