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Special Terms and Conditions of Contract for Maintenance Management

1. Product description
1.1 With the Maintenance Management service, Daimler is improving vehicle availability by reducing the amount of days that a given vehicle spends at a workshop. This is accomplished by pooling, shortening, or avoiding workshop visits, as well as by providing certain information about the vehicle's condition. The Maintenance Management service does not collect any data or contain any functions related to trailers or towed vehicles.

2. Scope of Maintenance Management services
2.1 As part of Maintenance Management, Daimler shall provide the Customer with the following information via associated service providers or the Customer Portal:

• Proactive offer for upcoming maintenance from supporting authorized Mercedes-Benz Service Partner in order to avoid unplanned workshop visits;
• Proactive information in the Customer Portal regarding recommended measures that the Customer is able to perform without visiting a workshop;
• Increased transparency about vehicle condition by providing Maintenance Management information in the Customer Portal.

2.2 When Maintenance Management recommends repairs or maintenance work for their vehicle, the Customer decides, and is responsible for, whether this work is done and where. If necessary, the Customer receives an offer regarding the repair in question and is then free to either accept or reject said offer by contacting their respective Mercedes-Benz Service Partner directly. The Customer shall assume responsibility for the corresponding consequences. If a Service Contract has been concluded for the vehicle, repairs and maintenance may be covered by it. The Mercedes-Benz Service Partner will inform the Customer if this is the case.

2.3 Daimler does not provide any signal transmission services between the vehicle and IT server. The mobile connection, which is the basis for the services, between the vehicle and IT server is currently provided by an external German telecommunications provider and its roaming partners in other countries. Disruptions of the transmission quality by atmospheric or similar conditions cannot be excluded.

2.4 When using data via mobile services, users who have logged in share the available bandwidth (shared medium) of the mobile cells. The actual achievable transmission rate while using data is also dependent on the respective technology used locally (GPRS/EDGE/UMTS/HSDPA/LTE1), the transmission rate of the server selected for provision of the corresponding service, the mobile network’s occupancy/capacity utilization by number of users in each mobile cell, the distance to the antenna, and the user's movement.

3. Performance requirements for use of Maintenance Management
3.1 Procedural requirements for use of the services:
The Customer must enter the following data in the Customer Portal for Daimler to be able to provide the Maintenance Management service:

• Contact details (telephone number/email address) of Customer contact person;
• Information about supporting authorized Mercedes-Benz Service Partner assisting the Customer with maintenance management.

If the Customer does not enter or regularly update this data or information, the Maintenance Management service cannot be provided or can only be provided to a limited extent.

3.2 Technical requirements for use of the services:
(a) For technical reasons, the Maintenance Management service is currently only available in the "Actros", "Arocs", "Atego", “eActros” and “eEconic” commercial vehicle model series.

(b) To use the Maintenance Management services, the vehicle must be equipped with an integrated communication and analysis module (hereinafter referred to as "Telematics Unit"). Daimler also offers suitable vehicle equipment regardless of an agreement on the provision of the Maintenance Management service. Such equipment may be ordered with the vehicle as special equipment or for subsequent installation in certain vehicles.

(c) The Telematics Unit must be activated so that the services can be used for a vehicle. Only when the Telematics Unit has been activated can the service be used in the vehicle. As a rule, the Telematics Unit is activated automatically when the Contract starts. If the Telematics Unit cannot be activated (e.g. because there is no mobile data connection), it will be impossible to provide the service. The Customer will be promptly informed of this fact.

(d) The Maintenance Management service requires a functional Telematics Unit in the vehicle. It will be impossible to provide the Maintenance Management service if the Telematics Unit fails (as identified from the "FB" LED, which must be green: There is a fault if this LED is not green, but red, orange, or off).

(e) Maintenance Management requires a functional power supply from the vehicle's battery. For vehicles equipped with a battery disconnect switch, it will be assumed that the battery disconnect switch has been properly activated. The battery may deplete if an excessive amount of electronic devices are used in the vehicle without recharging the battery by running the engine. Moreover, if the vehicle is left standing for a longer period, the Telematics Unit in the vehicle might switch itself off, thus interrupting the mobile data connection to the vehicle until the vehicle is next operated.

(f) Maintenance Management is most effective when Mercedes-Benz Genuine Parts are used for the powertrain, electrical components, electronics, and wear parts. When using aftermarket parts that were not manufactured in accordance with Mercedes-Benz specifications and production standards, Daimler cannot ensure that the service life or failure will be diagnosed reliably. As such, Daimler will not be able to identify necessary repairs early as part of the Maintenance Management processes. As a consequence, Daimler will not be responsible for any Maintenance Management malfunctions that are caused by the use of spare parts that are not manufactured in accordance with Mercedes-Benz specifications and production standards.

(g) It is not possible to fully ensure that Maintenance Management will detect every fault. The Maintenance Management service is only provided for support purposes. It is not intended to replace regular vehicle maintenance or the Customer's obligation to check their vehicle for faults.

(h) To use Maintenance Management in the Customer Portal, the Customer will need a state-of-the-art, internet-capable end device.

4. Excluded services:
4.1 Maintenance Management does not cover vehicle bodies.
4.2 Maintenance Management will not function or may be disrupted if:
(a) No authorized Mercedes-Benz Service Partner has been designated in the system (early detection/support if necessary repairs are identified), or the contact details of the Customer's contact person have not been entered in the system or are not up to date;

(b) If the Telematics Unit is not activated or is defective (if the 'FB' light is permanently red, orange or off, there is a malfunction). For vehicles equipped with a battery disconnect switch, proper operation of this switch is assumed;

(c) If the mobile communication network is unavailable because the transmission and reception ranges are restricted by the respective mobile network operator (including roaming partners) to operated transmitters. Significant interruptions to the mobile communication network may occur due to atmospheric conditions and topographical features or because of obstacles (bridges, tunnels, buildings, etc.);

(d) In the event of damage that results in a malfunction very quickly (e.g. defects in the radiator or lines cause sudden waterloss in the cooling system and reduce the vehicle's remaining operating time to less than five minutes; foreign objects in the tires; and maneuvering damage caused, for example, by contact with objects, stones, or roadside barriers);

(e) In the event of damage to mechanical components such as the suspension, frame, and axles;

(f) If necessary maintenance and repairs have not been performed in accordance with manufacturer instructions;

(g) If vehicle conversions have not been carried out and documented according to manufacturer instructions;

(h) If no Mercedes-Benz Genuine Parts (see 3.2(f)) were used;

(i) In the event of accidents that lead to a restriction or failure of the vehicle's signal acquisition and/or data transmission systems.

4.3 Daimler shall not be liable for Maintenance Management recommendations regarding repair and maintenance work if:
(a) This work was made necessary due to bodies or accessories (e.g. cooling systems, refrigerators, liftgates, hydraulic pumps) that were not included with delivery and that are not connected to the Telematics Unit via an interface with the vehicle;

(b) This work was made necessary because parts other than Mercedes-Benz Genuine Parts (see 3.2(f)) were used;

(c) This work was made necessary due to external circumstances such as improper use of the vehicle, deliberate damage by the Customer or a third party, war, natural disaster, etc.;

(d) This work was made necessary because of improper maintenance on the part of the Customer;

(e) This work was not performed by a Mercedes-Benz Service Partner;

(f) This work was made necessary due to undocumented vehicle conversions.

5. Data protection
Insofar as Daimler processes personal Vehicle Data for the purpose of providing the Maintenance Management service, Daimler processes this data as the controller (Art. 4 No. 7 GDPR). More detailed information on how personal Vehicle Data is processed is available in the TruckLive Data Protection Notice pursuant to Annex 1.

 

Special Terms and Conditions for Service24h Connected

1. Product Description
Registered users can find the section “Mercedes-Benz Trucks Service24h” in My TruckPoint for Mercedes-Benz Trucks. Through this section, a breakdown case can be reported online and its current status can subsequently be tracked. The breakdown report is available for all vehicles in the fleet. Required vehicle and customer data are automatically pre-filled where available. For vehicles equipped with TruckLive or Mercedes-Benz Trucks Uptime, Service24h Connected offers additional functions. If one of these services is activated, the portal displays the current vehicle position on a map. Furthermore, diagnostic data from the control units are automatically transmitted as part of the breakdown report. These data are forwarded to the Service24h technicians commissioned for roadside assistance.

2. Scope of Services of Service24h Connected
2.1 Within the framework of Service24h Connected, Daimler provides the customer with the following information and services via connected service providers or the customer portal:
Create Service24h Case:

• The user reports a breakdown or unplanned workshop visit online to Mercedes-Benz Trucks Service24h. My TruckPoint thereby offers a simple and time-saving alternative to calling the Service24h hotline.
• Online reporting is possible for all vehicles in the fleet.
• Where available, the vehicle and customer data required to create the breakdown case are automatically filled in. The user completes the remaining information, such as the description of the breakdown.
• After submission, all data are transmitted to the Daimler Truck Customer Center, which subsequently commissions an authorized Service24h service provider.

Current Vehicle Position:

• For vehicles with TruckLive or Mercedes-Benz Trucks Uptime, the current position is displayed during the creation of the breakdown case.
• If necessary, the position can be adjusted manually on a virtual map.

Remote Quick Test:

• If the vehicle is equipped with TruckLive or Mercedes-Benz Trucks Uptime, diagnostic data from the control units are automatically transmitted.
• These data are forwarded to the Service24h technicians assigned to the breakdown assistance.

Overview of Reported Service24h Cases:

• The “Mercedes-Benz Trucks Service24h” section in My TruckPoint contains a list of all breakdown cases reported online.
• The overview informs the user about the current processing status of the case.

Details of a Service24h Case:

• From the overview, the user can access the detailed view of each case.
• This detailed view provides a summary of the breakdown
• Furthermore, this detailed view provides information on the current status as well as processing history by the responsible Service24h service provider.

2.2 For the current vehicle position and the remote quick test, Daimler does not provide any signal transmission between the vehicle and the IT server. The mobile communication connection underlying the services is currently provided by an external German telecommunications provider and its roaming partners abroad. Disturbances in transmission quality due to atmospheric or other conditions cannot be excluded.

2.3 When using mobile data services, logged-in users share the available bandwidth (“shared medium”) within mobile network cells. The actual data transmission rate achievable during data usage also depends on the technology available on site (GPRS / EDGE / UMTS / HSDPA / LTE1), the transmission rate of the server chosen to provide the respective service, the occupancy/capacity utilisation of the mobile network by the number of users in the respective cell, the distance to the antenna, and the movement of the user.

3. Requirements for Using Service24h Connected
3.1 Procedural Requirements
Service24h Connected is linked to the administration of the fleet in My TruckPoint. A Service24h case can only be created for active vehicles in the fleet. When creating a Service24h case, all mandatory fields must be completed. If not, it is not possible to complete the process.

3.2 Technical Requirements

• In order for the current vehicle position and diagnostic data from the control units to be transmitted, TruckLive and/or Mercedes-Benz Trucks Uptime must be activated for the selected vehicle.
• To transmit position and diagnostic data, the vehicle must be equipped with an integrated communication and analysis module (hereinafter "telematics unit") with a production year of 2020 or later. Daimler provides suitable vehicle equipment independently of this agreement for ordering with the vehicle as an optional feature or for subsequent installation in certain vehicles.
• To use the services for a vehicle, the telematics unit must be activated. The service can only be used in the vehicle once the telematics unit is activated. Activation of the telematics unit generally takes place automatically at the start of the contract. If the telematics unit cannot be activated (e.g., due to a lack of a mobile data connection), the service cannot be provided. The customer will be informed of this immediately.
• Transmission of position and control unit data requires a functioning telematics unit in the vehicle. If the telematics unit fails (indicated by the "FB" LED in the vehicle, which must be constantly green; if it is constantly red, orange, or off, there is a malfunction), no current position and control unit data will be transmitted.
• Transmission of position and control unit data requires a functioning power supply in the vehicle via the vehicle battery. For vehicles with a battery disconnect switch, it is assumed that the battery disconnect switch is operated properly. Excessive use of electronic devices in the vehicle without recharging the vehicle battery by running the engine can lead to battery depletion. In addition, if the vehicle remains stationary for an extended period, the telematics unit in the vehicle may shut down, causing the mobile data connection to the vehicle to be interrupted until the vehicle is manually restarted.

4. Excluded Services
4.1 The creation of a Service24h case does not include vehicle bodies.
4.2 Service24h Connected is not operational or may be impaired,

• if My TruckPoint for Mercedes-Benz Trucks is not accessible;
• if connected or downstream systems are not accessible and the creation of the breakdown case is therefore not possible (an error message informs the user);
• if connected or downstream systems do not report updates to the case, so the user cannot be informed of the current status;
• if the telematics unit is not activated or is defective (if the "FB" LED is permanently red, orange, or off, there is a malfunction). For vehicles with a battery disconnect switch, proper operation of the battery disconnect switch is assumed;
• if the mobile network is not available, as the reception and transmission area is limited to the operated radio stations of the respective mobile network provider (partly roaming partners). Significant impairments of the mobile network may also occur due to atmospheric conditions and topographical features or obstacles (bridges, tunnels, buildings, etc.).

 

Special Terms Live Traffic

Live Traffic continuously integrates real-time traffic data into truck navigation to dynamically optimize route guidance and provide a more precise estimated time of arrival (ETA).

Functionality:
Real-time data: Live Traffic collects traffic information from a variety of sources. The traffic situation is continuously updated via the mobile network.

Dynamic route guidance: If a significant delay due to a traffic jam or slow-moving traffic is detected on the planned route, the system automatically adjusts the route and guides along a faster alternative.

Transparent display: The traffic flow is clearly shown on the navigation map using colors (e.g., red for heavy congestion, yellow for minor congestion). In addition, disruption symbols indicate the exact cause and the expected delay in minutes.

Customer benefits: Because the traffic situation is always up to date, drivers can proactively react to traffic jams or stop-and-go situations and avoid them. Using Live Traffic reduces driving times, increases planning reliability for drivers and dispatchers, and enables optimized route guidance.

Prerequisites for using Live Traffic: To use Live Traffic, a valid O0T TruckLive contract must be in place, along with the vehicle equipment J6E Multimedia Cockpit interactive 2 (HMI Evo) and the vehicle navigation system (J2U).

 

Special Terms Connected Applications

Connected Applications comprises integrated apps available to the driver via the apps tile on the digital display in the cab.

Functionality:
By default, two Daimler Truck apps are pre-installed:

• Digital Manual: Access to the latest version of the vehicle’s operating manual in multiple languages via the vehicle display.
• Mercedes-Benz Trucks Remote 3.0: Pairing the vehicle with the driver’s smartphone using a QR code shown on the display. This enables selected lorry functions to be controlled and monitored via the mobile device.

Prerequisites for using Connected Applications: The prerequisite for using Connected Applications is an active O0T TruckLive contract as well as the vehicle equipment J6E Multimedia Cockpit interactive 2 (HMI Evo).

 

Special Terms Remote Update of Navigation Map

Remote updating of the navigation map enables the map data stored in the truck to be updated via the mobile network. This allows the maps to remain current without the need for time-consuming visits to the workshop. As a result, the vehicle always receives up-to-date route information and can use this data for efficient route guidance.

Functionality:
Automatic updates: Map updates are generally performed fully automatically and "Over-the-Air" (OTA) in the background. As soon as route guidance is started, the system checks for up-to-date maps. If the map for the regions affected by the route is outdated, the update is downloaded automatically.

Manual Update: The status of the map data can be checked at any time in the navigation menu. If needed—for example, before traveling to rarely used regions—the driver can initiate an update for selected countries manually at any time under the “Maps” menu item. Scope and Frequency: The update includes not only the road maps but also updates important points of interest (POIs). To ensure consistently high map quality, update packages are made available twice a year.

Prerequisites for using Remote Update of Navigation Map: The performance requirement for utilizing remote navigation map updates is the existence of an O0T TruckLive contract, the vehicle equipment J6E Multimedia Cockpit, interactive 2 (HMI Evo), as well as vehicle navigation (J2U).

 

Special Terms Connected Traffic Warnings

With Connected Traffic Warnings, reported hazard zones are shared via the mobile network in a cloud with other connected road users. The system significantly increases road safety by warning the driver in good time about these danger spots along their planned route, even if they are not yet visible – for example, around a bend, behind a crest, or in thick fog.

Functionality:
When the vehicle approaches a reported hazard zone within a radius of approximately 5 kilometers, the driver receives a warning about 10 seconds before reaching the hazard. This warning is given visually by a symbol on the navigation map or as a pop-up in the instrument cluster, and is supplemented by an audible voice alert. Scope of hazard detection: The system warns of up to 9 different types of traffic hazards. The covered events include, among others:

• Accidents and stationary vehicles (breakdowns)
• Wrong-way drivers (both self and external warnings)
• Emergency braking by vehicles ahead
• Moving roadworks and general hazard zones
• Weather-related hazards such as heavy rain, fog, and slippery road surfaces

Prerequisites to use Connected Traffic Warnings: The performance requirement for using Connected Traffic Warnings is the existence of an O0T TruckLive contract, the vehicle equipment J6E Multimedia Cockpit, interactive 2 (HMI Evo), as well as vehicle navigation (J2U).

 

Special Terms Remote Update of Driving Assistance Map

With remote updating of the driver assistance map, the map data stored in the vehicle is kept up to date via the mobile network. This ensures that the truck always has the latest route information. As a result, time-consuming and costly visits to the workshop for map updates are no longer necessary.

Functionality:
The map data update takes place fully automatically “over-the-air” (OTA) in the background. The system transmits the update to the vehicle at least once a year, without requiring any action or intervention by the driver. Scope and Customer Benefit: The driver assistance map provides essential data for two key systems in the truck: Intelligent Speed Assistant (ISA): The map enables the display of the current permitted maximum speed in the instrument cluster to meet the latest “General Safety Regulation” (GSR) safety guidelines. Predictive Powertrain Control (PPC): The map supplies the underlying topographical data (such as gradients, curve radii, and traffic signs) for the intelligent cruise control, in order to avoid unnecessary braking and shifting operations.

Prerequisites for using Remote Update of Driving Assistance Map: The performance requirement for utilizing the remote update of the driving assistance map is the existence of an O0T TruckLive contract. It is available for both cockpit variants, namely Classic (J6A) and Multimedia Cockpit, interactive 2 (HMI Evo) (J6E).

 

Special Terms Megawatt Charging System Enablement

Megawatt Charging System Enablement provides the technical prerequisites for the safe and interoperable use of public MCS charging infrastructure by compatible battery-electric Mercedes-Benz trucks.

Functionality:
This feature supports secure communication between the vehicle and the charging infrastructure by remotely providing, managing, and updating the security and communication data required for MCS (especially certificates and trust information), as well as supporting the necessary software/configuration status of the vehicle if applicable. The service can include, in particular, the renewal or rotation of relevant certificates, updating trust information, and—if necessary—software updates and configuration adjustments. Updates are carried out as they become available and within technical possibilities.

Prerequisites for using Megawatt Charging System Enablement: The performance requirement for using the Megawatt Charging System is the existence of an O0T TruckLive contract and a vehicle that is equipped for MCS hardware: either with E0X (DC Megawatt charging socket including CCS2, left according to VA) or with E9P (pre-installation DC Megawatt charging socket including CCS2, left according to VA), and a successfully completed retrofit to the full MCS vehicle equipment. Provides the technical functionality required for safe and interoperable use of MCS charging systems.

 

Special Terms eRange Prediction Offboard

The Offboard range prediction for BEV provides precise, cloud-based range calculation for fully electric trucks to optimize operational planning.

Functionality:
Instead of estimating the range solely based on the vehicle’s historical consumption data, the system leverages the computing power of the backend. When planning a route, dynamic, route-specific factors are included in the calculation: - Route topography (inclines and declines) - Current weather and temperature data - Traffic flow - Vehicle and cargo weight - Planned charging stops along the route The precisely calculated range in the backend is then wirelessly synchronized with the vehicle and displayed on the screen. Displayed are the reliable remaining range in kilometers and the anticipated battery state of charge (SoC) upon arrival at the destination. This enables optimal utilization of battery capacity and reduces unnecessary precautionary charging stops.

Prerequisites for using eRange Prediction Offboard: The performance requirement for using the Offboard range prediction for BEV is the existence of an O0T TruckLive contract, vehicle equipment J6E Multimedia Cockpit, interactive 2 (HMI Evo), as well as vehicle navigation (J2U).

 

Special Terms and Conditions of Contract for Mercedes-Benz Trucks Remote 3.0 App

1. Product Description
The Mercedes-Benz Trucks Remote 3.0 (“RemoteTruck 3.0”) service allows a user’s mobile device to be connected to the vehicle. Via the Mercedes-Benz Trucks Remote 3.0 mobile app on the mobile device ("Mobile App"), the user has remote access to important vehicle status information. Pairing with the mobile device takes place via a dynamic QR code, which is generated in the multimedia display of the vehicle.

2. Scope
The features currently available include in particular:

• Display of current “Battery Level” and associated “Estimated Range”
• Display of target “Battery Level”
• Display “Charging Status”
• Information on vehicle status
• Related push notifications
• Precondition cabin (BEV)
      i. Setting the departure time and temperature
• Find my Truck
• Guided and digital pre-departure check

RemoteTruck 3.0 is under constant development and it is planned to include remote access to vehicle functions in the future.

3. Performance Requirements for Using RemoteTruck 3.0
The vehicle must be activated manually or automatically for RemoteTruck 3.0 in My TruckPoint.

RemoteTruck 3.0 only works via the Mobile App. The Mobile App is available for both iOS (from iOS 11) and Android (from Android 9) devices. The Customer is responsible for the download of the Mobile App and the requirements on his mobile device (in particular the provision of a mobile internet connection). Terms of use related to the download and use of the Mobile App shall remain unaffected.

As soon as the Mobile App has been downloaded to the mobile device, it can be paired with the vehicle using the associated RemoteTruck 3.0 application in the multimedia display. To do this, the user opens the "Connected Applications" area in the multimedia display and the RemoteTruck 3.0 application contained therein. A dynamic QR code is automatically generated when the application is opened. To pair the mobile device with the vehicle, this QR code must be scanned using the Mobile App on the respective mobile device.

Vehicle Requirements:
a. Preinstallation for RemoteTruck 3.0 application (Sales code J8G)
b. CEEAce vehicle electronics architecture (Sales code U3S)
c. TruckDataCenter8 (CTP3 extended) (Sales code J7A)
d. MultimediaInteractive cockpit 2 (Sales code J6E)

4. Prevention of abuse
The Customer is aware that every user of the vehicle is able to generate a QR code and pair their mobile device with the vehicle. The Customer is responsible for ensuring that no pairing is made possible for persons to whom the Customer does not wish to grant access to the vehicle via RemoteTruck 3.0.

 

Special Terms and Conditions of Contract for Over the Air Updates

1. Product Description
With the Over-the-Air Updates service, Daimler improves the availability and functionality of its vehicles. By remotely transmitting software updates via a mobile data connection, updates can be installed without requiring a workshop visit, thereby reducing downtime and increasing vehicle availability. In addition, OTA enables the activation, enhancement, or optimization of vehicle functions and digital features, allowing new or improved functionalities to be deployed efficiently and without any physical intervention on the vehicle (“OTA Update”).

2. Scope
There are many reasons why an OTA Update may be made available. The OTA Update types are the following:

• Troubleshooting – An update that resolves an existing bug.
• Recall and Service Measures
• Regular Improvement – An update that happens on a regular basis.
• Function Extension – An update that includes new or different features from the previous version.
• Function Reduction – An update that removes a feature from the previous version, provided that the removal is agreed with the Customer or based on another legal ground.
• Function Preservation – A software update that is necessary to maintain the vehicle’s existing functions.
• Safety and Security – An update that has a direct impact on how a vehicle brakes, steers or accelerates under certain situations or that has an impact on cyber security.
• Map – An update for the map.
• Functional Enabling – An update to enable an existing feature in the software.
• Efficiency Increase – An update that can improve engine performance or optimize fuel use, for example.
  OTA Updates may be applied to all kinds of vehicle software, including without limitation software for Digital Services.

3. Customer Information
Daimler will inform the Customer via My TruckPoint about any OTA Update and its release date / implementation date. Such information will be provided reasonably in advance of the planned implementation date and will include:

• The type of update
• A description of the update
• Expected duration to complete the update

4. Customer Consent
a) Depending on their type and scope, OTA Updates may be carried out based on the Customer’s general consent as set out below, or based on an individual consent given by the Customer for a specific OTA Update. Within the scope of the general consent, Daimler may implement the OTA Update automatically and without the need for the Customer’s individual consent. Outside the scope of the general consent, the implementation of the OTA Update will be subject to the Customer’s individual consent; for this purpose Daimler will give the Customer the opportunity to confirm or reject the specific OTA Update reasonably in advance of the planned release date / implementation date.

b) The Customer herewith confirms its general consent to all OTA Updates made available in accordance with the Contract, provided that:

• there is a valid reason for the OTA Update, in particular if the OTA Update is necessary for safety or cybersecurity reasons, to comply with applicable legal requirements, due to a new technical environment, due to increased user numbers or for other important operational reasons;
• the Customer does not incur any additional costs in connection with the OTA Update; and
• the Customer is informed in accordance with Section 3 above.

c) The Customer herewith confirms its general consent also to all OTA Updates made available in accordance with the Contract, where there is no specific valid reason for the OTA Update as described above but where the OTA Update does not have any relevant impact on the Customer’s use of the vehicle or the Digital Service, provided that:

• the Customer does not incur any additional costs in connection with the OTA Update; and
• the Customer is informed in accordance with Section 3 above.

d) Notwithstanding the above, the implementation of the OTA Update will be subject to the Customer’s individual consent and the Customer will be given the opportunity to confirm or reject the specific OTA Update if the OTA Update impairs the accessibility or usability of the vehicle or the Digital Service or has any negative impact on the Customer’s ownership rights to the vehicle, or if, taking into account the interests of the Customer, it is otherwise reasonable for Daimler to seek an individual consent from the Customer, in each case provided that the impact of the OTA Update is not only insignificant.

5. Vehicle User Information
Depending on their nature and scope, OTA Updates may be performed automatically without any involvement of the vehicle user, or they may require the vehicle user’s participation. For the purposes of these Special Terms and Conditions for Over-the-Air Updates, the term “vehicle user” refers exclusively to the person who directly operates the vehicle, e.g., the driver. The involvement of the vehicle user is required for OTA Updates that affect the future use of the vehicle (e.g., changes to driving behavior or vehicle condition) or where the usability of the vehicle is restricted during the download and/or installation of the OTA Update (e.g., vehicle operation is not possible or certain vehicle functions are unavailable).If an OTA Update requires vehicle user involvement, Daimler will provide the vehicle user with the following information via the HMI in the vehicle:

• Notification to a vehicle user will inform them that a new OTA Update is available
• A vehicle user will be guided through the necessary steps to initiate an OTA Update using the HMI in the vehicle
• A vehicle user will be provided the estimated duration of the OTA Update
• A vehicle user will have the ability to view the progress of an OTA Update
• A vehicle user will have the ability to view the results of an OTA Update from the HMI

6. General Requirements
The Customer must register for My TruckPoint for Daimler to be able to provide the service Over the Air Updates:

• Contact details (telephone number/email address) of Customer contact person;

The Customer must inform all vehicle users of available OTA Updates. In addition, for OTA Updates requiring vehicle user involvement as per Section 5 above:

• The Customer must request the vehicle user to complete the OTA Update upon receipt of the notification; and
• The vehicle user must meet all necessary preconditions and confirm the OTA Update from the HMI in order to begin an OTA Update.

7. Technical Requirements
To use the service Over the Air Updates, the vehicle must be equipped with an integrated communication and analysis module (“Telematics Unit”).

The Telematics Unit must be activated for the service Over the Air Updates to be used for a vehicle. Only when the Telematics Unit has been activated can the service be used in the vehicle. As a rule, the Telematics Unit is activated automatically when the Contract starts. If the Telematics Unit cannot be activated, it will be impossible to provide the service. The Customer will be promptly informed of this fact.

The service Over the Air Updates requires a functional Telematics Unit in the vehicle. It will be impossible to provide the service Over the Air Updates if the Telematics Unit fails.
The service Over the Air Updates requires an integrated battery sensor in order to ensure the vehicle has sufficient battery to complete an Over the Air update. It will be impossible to provide the Over the Air update service if the vehicle is not equipped with an integrated battery sensor.

The service Over the Air Updates supports select control units on the vehicle. OTA Updates may comprise support in particular on the following control units:

• CPC
• ACM
• MCM
• TCM
• CGWce
• SRR
• VRDU
• RDF
• MPC
• ICC5
• ICUC
• CTP

It is not possible to fully ensure that the service Over the Air Updates will support every attempted update. The service Over the Air Updates is only provided for support purposes. It is not intended to replace every workshop visit.

8. Limitations
The service Over the Air Updates may not be available:

• If the Customer has not registered for My TruckPoint or the details provided are not up to date.
• If the Telematics Unit is not activated or is defective.
• If the mobile communication network is unavailable because the transmission and reception ranges are restricted by the respective mobile network operator (including roaming partners) to operated transmitters.
• In the event of damage to mechanical components.

The Customer is not entitled to have the OTA Updates applied by other channels (e.g. by a participating Mercedes-Benz Service Partner). In the context of service stopovers with Mercedes-Benz Service Partners who are entrusted to provide maintenance services, further measures may be taken as an alternative or supplement to the OTA Updates.

The period between individual OTA updates is variable. The Customer has no claim to demand any specific OTA Update under the Contract.

9. Downloading and Installing OTA Updates
After starting an OTA Update, the Customer or vehicle user cannot cancel the OTA Update. Download and installation times may vary from one vehicle to the next, ranging from a few minutes up to several hours. Daimler saves the respective version of the software installed in a vehicle.

While downloading and installing OTA Updates, the vehicle or Digital Service may not work properly for a limited time. In the event of a fatal technical error during installation of an OTA Update, the vehicle or Digital Service may continue to malfunction, making repair at a workshop necessary.