This Agreement is concluded and signed between You and XPENG European Holding B.V., its subsidiaries and affiliates (hereinafter referred to as "XPENG" or "We") concerning the use of XPENG Website and APP services (hereinafter referred to as the "Services").

1. Important Information

Before using the Services, please carefully read and understand the terms and conditions within this Agreement. By checking the box in the digital approval process, you confirm that you agree that a binding agreement has been concluded between you and XPENG for the use of the Services we make available from time to time.

You must reach the legal age of majority in your area before you can sign the Agreement and use the Services. If you are under the age of majority, the consent or signature of your guardian shall be required.

Certain features may only be used when you have an XPENG vehicle in sight or otherwise are assured that you are in a safe environment to use such features and present no risk of damage to property or persons. XPENG makes no warranty that all features of the Services are suitable, safe, or possible to be used in all places, situations, and circumstances.

XPENG may, from time to time, change and update this Agreement. You will be given notice in suitable form of the amended terms the next time you log in to your XPENG account. The updated version of the Agreement will be published on the Website and the App. You may be required to accept such altered terms before continuing to use such Services.

2. XPENG Account

2.1 You may visit the Website and use the APP without creating or logging in to your account. However, you may still need to create an XPENG account to access certain features of the Website or App. You must provide accurate and complete information during the registration process. An XPENG account is provided free of charge.

2.2 You are required to set your own password, which shall meet the security requirements. The password can be modified by obtaining a verification code via email. The XPENG account and password are the only credentials that you have for logging in and using the Services. Please keep the account and password safe and refrain from providing or sharing the information with any unauthorised third party.

2.3 You may link your mobile number to your XPENG account as ancillary information.

2.4 XPENG is unable to identify the real user behind the account. As such, you agree to bear full responsibility for all activities under your account and password. If you discover anything abnormal about your account or password, please notify XPENG immediately.

3. Rules of Behaviour

3.1 You hereby commit and undertake the following:

    · You agree to reasonably use the Services and abide by any effective law and regulations. You will not use the Services in a manner that is contrary to this Agreement or relevant law and regulations.

    · You are under the obligation to take good care of your registration information. You must notify XPENG upon notice of any illegal or unauthorised activities.

3.2 When using the account to access the Services of the Website or APP, you need to authorise XPENG to record relevant personal data, which can be subsequently used to analyse or solve problems during the service process. XPENG will safeguard such user data. For details about how we process personal data, please refer to our Privacy Policy.

    · You hereby grant XPENG, and XPENG hereby accepts a perpetual, non‑exclusive, worldwide, transferable, royalty‑free licence to use readily available data that is non‑personal data generated by your use of the Services, for use in accordance with applicable laws, including without limitation to: (i) servicing, warranty, safety and security; (ii) quality assurance and maintenance; (iii) product and service improvement; (iv) creating and conducting aggregated or anonymised data and data analytics; and (v) training and evaluation of models that enhance the Services.

    · XPENG acknowledges: (i) that it may not use the data licensed in accordance with this Article to derive insights about your economic situation, assets and production methods of, or your use of the Services or in any other manner that undermines your commercial position in the markets in which you are active; and (ii) that it may only make non‑personal Services data available to third parties for the fulfilment of their contract with you, unless you agreed otherwise.

3.3 Should you let any other person log in to your XPENG account, you acknowledge and agree that you are entirely responsible for such use. Any breach by such user under this Agreement and applicable law and regulations will be borne by you.

3.4 You are not allowed to use the Website, APP and XPENG account to engage in any activities that may violate laws and regulations, violate social morality, or infringe the rights and interests of any third party. You are also prohibited from causing damage or in any other way impairing the Services or introducing, in relation to the Services, viruses, “worms”, malware, spyware, “trojan horses” or other malicious code or programs that may cause damage to the operation of the Services.

3.5 The relevant intellectual property rights of the Website and APP belong to XPNEG and/or licensors, including all text, images, video, audio and other elements, as well as relevant service symbols, logos and technical solutions. You are prohibited from reverse engineering, decompiling, disassembling, or creating derivative works, or creating derivative works, or engaging in any behavior whatsoever which may endanger the computer software and network security, which includes but is not limited to: attempts to detect, scan and test the weakness of the Website, intentionally spreading malicious programs or viruses, and other behavior that disrupts normal network information service and network security.

3.6 Any loss, disclosure of information or other adverse consequences that result from your failure to protect your account and password or result from informing or sharing them with others shall be borne by you, and XPENG shall not be liable for any compensation or redress.

3.7 You understand that based on the unique nature of the Internet, there may be risks such as changes in government regulatory policies, intrusive viruses, hacker attacks, network failures, server system failures, or other risks which are unforeseeable, unavoidable, and unsolvable (“force majeure”), and which may lead to interruptions in service, a degradation in service efficiency or quality, loss of data, the disclosure of information or other adverse effects as a result. XPENG will make repairs to the full extent of its ability, but will not be liable for any compensation or redress.

4. Remote Control

4.1 You may use the APP to remotely control your vehicle. When operating the remote-control functions, you shall be familiar with such functions and operations to ensure the safety of your vehicle and the people in the car.

4.2 If you authorize other third-party to remotely control your vehicle, you understand that there might be risks to your property's safety.

4.3 You understand that the remote control of in-vehicle cameras shall only be used to observe the surroundings of your vehicle and to ensure the safety of your vehicle. It may not be used for spying on personal data or to illegally process third parties’ personally identifiable information (such as images, number plates, etc.). Please note that it is your sole responsibility to comply with relevant laws and regulations regarding the use of the remote control of the cameras.

5. Links to third-party resources

The Services may contain links to third parties’ resources, including but not limited to their websites and content. These links are provided by us only for your convenience, and XPENG is not responsible for the content, products, or services made available from such links. The inclusion of any link does not imply our endorsement of the resources. Visiting any such linked website is at your own risk. You acknowledge sole responsibility for, and agree to hold XPENG harmless from, your use of any third-party resources.

6. Disclaimer of warranty

6.1 Except otherwise expressed in this Agreement, XPENG will not have liability to you or to any third party that arises out of, or in relation to, the provision of the Services or any dispute, controversy or claim that arises out of, or in relation to, your actions and omissions, or the provision of the Services.

6.2 The Services and content are provided “as is” without warranty of any kind, express or implied. Without limiting the foregoing, NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR NON-INFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, IS MADE IN RELATION TO THE AVAILABILITY, ACCURACY, RELIABILITY OR CONTENT OF THE SERVICES. XPENG disclaims all guarantees that the services or content we provide will meet your satisfaction of requirements or be available on an uninterrupted, secure, or fault-free basis.

7. Limitation of liabilities

In no event shall XPENG be liable for any direct, indirect, special, punitive, incidental, exemplary, loss of data or goodwill, consequential damages, or any damages whatsoever, arising out of, or in connection with the Services or the content XPENG provides, whether based on warranty, contract, tort, product liability or any other legal basis. These limitations shall apply notwithstanding any failure of the essential purpose of any limited remedy. Because some jurisdictions do not allow the exclusion or limitation of liabilities for consequential or incidental damages, the above limitations may not apply to you.

8. Applicable Law

The Conclusion and signing, performance, interpretation, and dispute settlement of this Agreement shall be governed by the laws of the Netherlands, and the application of its conflict of laws provisions shall be explicitly excluded.

9. Arbitration

In the case that any dispute arises between you and XPENG about this Agreement, both parties agree to submit the dispute for settlement to the Netherlands Arbitration Institute (“NAI”) for arbitration in accordance with the then-effective arbitration rules in effect at the time of applying for arbitration. The language shall be in English. The arbitral award is final and binding upon both parties.

10. Termination

10.1 You may stop using the Services at any time. You may follow the instructions from the Website or APP to terminate your account. Your personal data stored on the Website and APP will be deleted along with the termination of your account based on this Agreement.

10.2 The termination and cessation of use of your account do not exempt you from the liability to pay any costs payable by you before (including) the termination date. XPENG and any third party assume no responsibility for the consequences of failure to acquire the Services arising out of the termination of your account.

11. Privacy Policy

For your data subject rights and how your personal data will be processed by us, please refer to our Privacy Policy.

12. Contact Us

If you have any questions or complaints about the Services, please feel free to contact us by calling the customer hotline: 80017060.