CAPI General Terms and Conditions
This Ford Otosan CAPI General Terms and Conditions ("CAPI GTC") governs the use of the services specified herein by the application user, whether an individual or a legal entity Users ("User"), subject to the terms and conditions set forth below.
1. DEFINITIONS
Vehicle(s): The vehicle subject to the Services covered by this CAPI GTC is owned by the User or a third party via the Module in its hardware.
Vehicle Data: Refers to telemetry data such as location, fuel, tires, engine, and battery, as well as fault/warning status data obtained from vehicles via the module.
CAPI (System): ConnecTruck is a platform that securely, quickly, and easily integrates connected vehicle data collected via an application specified by Ford Otosan, providing it in a standardized format. The system's primary purpose is to retrieve data from various vehicle types (trucks, passenger cars, commercial vehicles) from source systems and securely deliver it to users via API and gRPC. It is the platform that enables user access.
ConnecTruck System: Ford Trucks vehicles are equipped with a connected vehicle system consisting of software and hardware that enables the collection of various Vehicle-related data and its transmission to the vehicle manufacturer via a GSM SIM card embedded in the Module, which is installed during production.
Ford Trucks: These are heavy commercial vehicles equipped with the Module subject to this CAPI GTC, manufactured and supplied by Ford Otosan under the Ford Otosan brand.
Ford Motor Company: The company is incorporated under the laws of the State of Delaware, United States of America (USA), and its headquarters are located at The American Road, Dearborn, Michigan 48121, USA.
Ford Otosan: Ford Otomotiv Sanayi Anonim Şirketi is headquartered in Istanbul, located at Akpınar Mah. Hasan Basri Cad. No.2 Sancaktepe, Istanbul, registered with the Istanbul Trade Registry Directorate under number 73232, and can be contacted via (www.fordotosan.com.tr) and (fordotosan@fordotosan.hs02.kep.tr).
Ford Otosan Parties: Ford Otosan, Ford Motor Company, Koç Holding A.Ş. and its Affiliates, along with all of their employees and managers.
Service(s): This CAPI GTC covers all Services provided by Ford Otosan as specified in ANNEX-1.
Affiliates: As of the date of signature of this document or at any time thereafter, any legal entity that (i) is indirectly or directly Controlled by the relevant individual, or (ii) Controls the relevant individual, or (iii) is under common Control with the relevant individual.
Koç Holding A.Ş.: Nakkaştepe, Azizbey Sokak No: 1 Kuzguncuk 34674 Üsküdar/İstanbul, registered in the Istanbul Trade Registry under no. /85714 (www.koc.com.tr), is Koç Holding Anonim Şirketi.
Control: This means holding a majority of the voting rights in the general meetings of any legal entity or having the right to appoint or dismiss a majority of the members of the board of directors, or having the authority to directly or indirectly manage or direct the management policies of the said entity.
Module: A module and software owned by Ford Otosan, embedded with a GSM SIM card and GPS, which enables data collection from Ford Trucks or other Ford-branded vehicles and transfers this data to Ford Otosan servers. This module is installed in the Vehicle by Ford Otosan during the Vehicle's production phase.
User: Vehicle owner or third Party.
Vehicle Owner User: Ford Vehicle owners refer to natural or legal entity Users.
Third-Party User: Refers to Users who do not own a Ford-branded Vehicle but use the System to access Vehicle Data belonging to Vehicle Owner Users.
Operator: The operator exclusively designated by Ford Otosan that provides the electronic communication service required for data transfers within the system.
GPS: It is a Global Positioning System.
GSM: It is a Global Mobile Electronic Communication System.
Authorized Dealer: Individuals or organizations authorized by Ford Otosan to sell Ford Otosan products and services.
Authorized Service: Individuals or organizations authorized by Ford Otosan to provide after-sales services related to vehicles.
2. SUBJECT OF THE CAPI GTC
The subject matter of this CAPI GTC is the User's use of the System within the Vehicle purchased from Ford Otosan, the provision of Services within this scope, and the determination of the User's rights and obligations accordingly.
3. USER'S RIGHTS AND OBLIGATIONS
3.1. The User acknowledges, declares, and undertakes that the employees or representatives it designates as users will comply with the provisions of this CAPI GTC, regardless of the nature of the legal relationship between them. This provision constitutes a commitment by the User to assume responsibility for the actions of third parties.
3.2. The User acknowledges, declares, and undertakes that they have submitted the following documents required for the System to be made available for use, and any other documents that may be requested by Ford Otosan, to Ford Otosan and/or the Authorized Dealer, or that they will submit them within 1 (one) day after accepting this CAPI GTC.
3.2.1. If the User is a legal person or commercial enterprise: Trade Registry record, signature circulars showing the company's authorized persons,
3.2.2. If the User is a natural person, a photocopy of their photo ID,
3.2.3. If the user is applying through a representative, a power of attorney or authorization document drawn up through a notary public.
3.3. The User will provide an email address to register with the System, and the confirmation code required for access will be sent to the email address provided by the User. If the confirmation code is entered correctly into the System, the User will be able to access the System using their email address and the password they have chosen.
3.4. The User acknowledges, and undertakes that they have delivered the documents listed in Article 3.2 of this CAPI GTC to Ford Otosan and/or the Authorized Dealer, and that the System will become available for use following the User's proper signing or digital approval of the CAPI GTC and its delivery to Ford Otosan by the Authorized Dealer or through the System, and accepts and undertakes the content, accuracy, and validity of all information and documents submitted to Ford Otosan.
3.5. The User acknowledges, declares, and undertakes to comply with laws, regulations, and instructions and rules communicated by Ford Otosan while using the Services, including but not limited to: and that they shall be solely responsible for any damages arising from any use that violates the CAPI GTC and/or any legislation or documentation related to the System, and any legal, financial, or criminal penalties that may result therefrom.
3.6. The User acknowledges that Ford Otosan has the right to make updates or changes to the Services, the System, this CAPI GTC, and its annexes, and that any changes made to the CAPI GTC, or its annexes will result in the new version of the text being published at https://capi.ford.com.tr/general-terms-and-condition and/or electronically to the communication addresses provided by the User, and that if the User continues to use the Services for 3 (three) months after such notification, the User shall be deemed to have fully and unreservedly accepted the changes made to the CAPI GTC.
3.7. The User acknowledges, declares, and undertakes not to share the access information provided to them for using the Services with third parties other than themselves or authorized representatives defined in the System.
3.8. The User acknowledges that Ford Otosan is not responsible for, and has no control over, events beyond its control and/or responsibility, including but not limited to force majeure events, technical failures or maintenance work that may occur in the infrastructure of GSM and/or GPS services, interruption of vehicle connectivity or cessation of Vehicle Data flow, interruptions and restrictions imposed by official authorities or temporary or permanent suspension of activities, disruption of mobile communications, and similar circumstances, and therefore acknowledges, declares, and undertakes not to make any claims against Ford Otosan.
3.9. The User acknowledges, declares, and undertakes that they will not copy, reproduce, or interfere with the software provided to them in any way, will not reverse engineer it, and that all intellectual and industrial property rights of the System belong to Ford Otosan and its licensors. and that they will refrain from any actions that hinder, stop, disrupt, damage, or alter the operation of the System.
3.10. The User acknowledges that if official institutions and organizations or legal authorities request information and documents belonging to them from Ford Otosan, Ford Otosan may provide the relevant information and documents to authorized persons, institutions, and organizations.
3.11. The User acknowledges that Ford Otosan reserves the right to make updates or changes to the Services and System from time to time.
3.12. The User acknowledges that if Ford Otosan determines that the information and documents provided under this Undertaking are false or incorrect, that the Undertaking was signed in bad faith or breached, or if Ford Otosan has reasonable grounds to suspect such, Ford Otosan may suspend the Services until the User proves otherwise.
3.13. The User acknowledges, warrants, declares, and undertakes that its managers, employees, and all persons using the System shall use the System in compliance with the applicable legislation, and in particular, that the collection and processing of the personal data of its managers, employees, and all persons using the System within the scope of the System is lawful and in accordance with the applicable personal data protection legislation, and that all necessary permissions, contracts, instructions, and other measures have been obtained and are valid. If Ford Otosan requires any documentation, evidence, or information regarding the legitimacy and appropriateness of processing the User's personal data, the User shall provide such documentation, evidence, or information to Ford Otosan immediately upon request.
3.14 Rights and Obligations of the Vehicle Owner User
3.14.1. The Vehicle Owner User acknowledges and declares that the Services constitute a separate offer from the Vehicle sale, that the use of the Services is at their discretion, that they must sign or digitally approve this CAPI GTC in order to benefit from the Services even if they have signed a Vehicle sale agreement, and that in the event of any inconsistency between the sale agreement and the CAPI GTC, the provisions of this CAPI GTC shall prevail.
3.14.2. The Vehicle Owner User acknowledges and accepts that they may only use the System within the scope specified in this Undertaking and for lawful purposes, and that they shall be fully liable to Ford Otosan Parties for any actions that may pose a risk carried out by third parties to whom Vehicle Data is transferred, as well as for any breaches of this Letter of Undertaking.
3.14.3. The Vehicle Owner User acknowledges and declares that they have the right to limit the Vehicle Data stream for any duration and to any extent they choose, and that they may terminate the Vehicle Data stream at any time.
3.14.4. The Vehicle Owner User acknowledges, declares, and undertakes that they only have the right to access the data package consisting of the data types specified by Ford Otosan and required to be shared by law.
3.14.5. If a Third-Party User wishes to access the Vehicle Data belonging to the Vehicle Owner User, the Vehicle Owner User must approve the request sent to them via ConnecTruck or another application specified by Ford Otosan. Otherwise, the Vehicle Owner User acknowledges and declares that they are aware that the Vehicle Data will not be shared with Third-Party Users.
3.15 Third-Party User Rights and Obligations
3.15.1. The Third-Party User acknowledges and agrees that they may access Vehicle Data through the System only within the scope, duration, and limits authorized by the Vehicle Owner User.
3.15.2. If the Vehicle Owner User terminates access to the Vehicle Data, the Third Party User shall not be entitled to assert any rights or claims against Ford Otosan or the Vehicle Owner User.
4. SERVICE DESCRIPTIONS
4.1. The Services to be provided to the User by Ford Otosan through the System under this CAPI GTC are specified in ANNEX-1. The Services in question consist of providing Vehicle Data to Users via the System, ConnecTruck or another application specified by Ford Otosan.
4.2. After logging into the System, users will specify the Vehicle Data they wish to access. They will then enter the access code provided by the System into ConnecTruck or another application designated by Ford Otosan, and will be able to access the Vehicle Data through the relevant application.
4.3. The User acknowledges and agrees that, within the scope of the CAPI GTC and the provision of Services, their personal data, the personal data of their authorized representatives, and Vehicle information may be transferred to and stored in cloud-based applications (modules, tachographs, GPS, etc.), and that for these purposes, Ford Otosan Parties, Authorized Service, Authorized Dealer, and third parties for these purposes. The User declares, accepts, and undertakes that they have read the Privacy Notice in ANNEX-2 regarding the personal data processed and their rights.
4.4. If the local regulations of the country where the Services are provided impose any restrictions on the performance of the Services covered by the CAPI GTC, the User acknowledges that the relevant service cannot be provided and that Ford Otosan Parties shall not be liable in any way in this regard.
5. TERM OF THE CAPI GTC
5.1. This CAPI GTC shall enter into force on the date it is signed by the User and shall remain in force indefinitely.
6. TERMINATION OF SERVICES
6.1. The User acknowledges that Ford Otosan may suspend the Services without incurring any liability and without prior notice in the following cases, including but not limited to:
6.1.1. The User's use of the System in a manner that violates the CAPI GTC,
6.1.2. The User's breach of any obligation specified in this CAPI GTC,
6.1.3. The User's violation of the applicable personal data protection aw,
6.1.4. Interference with the System by third parties,
6.1.5. Ford Otosan ceasing to supply Services for any reason,
6.1.6. The User's assignment or transfer of the CAPI GTC to third parties,
6.1.7. In other circumstances specified in the CAPI GTC.
The User acknowledges that their access to the Services will be terminated if they notify Ford Otosan that they no longer wish to use the Services for any reason.
7. NON-ASSIGNABILITY OF RIGHTS AND AUTHORITIES IN THE CAPI GTC
The User acknowledges, declares, and undertakes that they may not assign or transfer this Letter of Undertaking or any rights and obligations arising from the CAPI GTC to any third party without the prior written consent of Ford Otosan.
8. FORCE MAJEURE
In cases of force majeure, Ford Otosan cannot be held liable for late or incomplete performance or non-performance of any of the obligations specified in this CAPI GTC.
9. FINAL PROVISIONS
9.1. Failure to exercise the rights defined in the CAPI GTC, either partially or entirely, or exercising them late, shall not be interpreted as a waiver of such rights. Any waiver under the CAPI GTC shall be valid only if made in writing and signed by the authorized representative of the relevant person.
9.2. If any provision of this CAPI GTC is deemed invalid in whole or in part, this shall not affect the validity of the remaining provisions of the CAPI GTC.
9.3. In the event of any disputes arising under this CAPI GTC, Ford Otosan's records (including records kept in electronic form) shall be accepted as evidence in accordance with Article 193 of the Code of Civil Procedure.
9.4. The courts and enforcement offices of the Istanbul Anatolian courts shall have jurisdiction over any disputes arising from this CAPI GTC.
10. ANNEXES TO THE CAPI GTC
The annexes listed below are an integral part of this CAPI GTC and shall have the same effect and meaning as this CAPI GTC. In the event of any conflict between this CAPI GTC and its annexes, the provisions of the CAPI GTC shall prevail unless otherwise expressly stated.
ANNEX 1: Services
ANNEX 2: Privacy Notice
This CAPI GTC consists of 10 (ten) articles and 2 (two) annexes and has entered into force upon being signed by the User in 1 (one) original copy or digitally approved. The original copy of the CAPI GTC will remain with Ford Otosan.
ANNEX 1: Services
The following services will be provided through the system:
- Access to Vehicle Data collected by ConnecTruck or another application designated by Ford Otosan by Vehicle Owner Users,
- Transfer of Vehicle Data to a third party designated by the User and approved by Ford Otosan,
- Third-Party Users may access Vehicle Data upon request, with the approval of Vehicle Owner Users.