Last updated on December 22, 2025
Thank you for choosing AcuraLink, consisting of the AcuraLink mobile application, the Acura EV mobile application, and all related documentation (individually and collectively, the “Mobile App”), and any associated AcuraLink websites (such as https://www.acura.ca/en/acuralink), supporting the ownership experience of your Acura vehicle (the “Vehicle”). These Terms and Conditions (“Terms”) and the Honda Canada Vehicle Data Privacy Policy and the Honda Canada Customer Privacy Policy (collectively, the “Acura Privacy Notices”), set out the terms on which the Acura Division of Honda Canada Inc. (“Acura”, “we”, “our” or “us”) will provide you (“you” or “your”) access to and use of AcuraLink and the Connected Vehicle Services (see Section 1 below) and how we collect, use and share your personal information.
THESE TERMS CREATE A BINDING LEGAL AGREEMENT BETWEEN YOU AND ACURA. PLEASE READ THESE TERMS CAREFULLY. By indicating acceptance of these Terms, or by downloading, installing, or using the Mobile App, or by otherwise using AcuraLink or any of the Connected Vehicle Services, you are entering into a legally binding agreement with Acura. IF YOU DO NOT AGREE TO THESE TERMS AND THE ACURA PRIVACY NOTICES, DO NOT USE ACURALINK OR ANY OF THE CONNECTED VEHICLE SERVICES, AND IMMEDIATELY DELETE AND PURGE THE MOBILE APP FROM YOUR MOBILE DEVICE (AS DEFINED IN SECTION 7 BELOW).
Honda Canada Inc.
ATTN: Acura Client Relations
180 Honda Blvd.
Markham, ON
Canada
L6C 0H9
and shall be deemed given when Acura receives them. Notifications or notices under these Terms to Acura require that an additional copy be sent to:
Honda Canada Inc.
ATTN: General Counsel, Legal Affairs
180 Honda Blvd.
Markham, ON
Canada
L6C 0H9
Questions or comments also may be directed to 1-888-922-8729. AcuraLink and the Connected Vehicle Services may utilize information collected from you, your Mobile Device, or the Vehicle. The Acura Privacy Notices, which are incorporated into and made a part of these Terms by this reference, explain how Acura collects, maintains, uses, and discloses your personal information, including (a) information provided by or collected from you when you use AcuraLink, (b) information that the Vehicle collects, generates, records, or stores in electronic form, which is retrieved from the Vehicle, typically wirelessly, by Acura or on our behalf, and which is linked or reasonably linkable to (i) the Vehicle from which the information was retrieved, (ii) the owner(s)/lessee(s) of the Vehicle, (iii) a connected smart device, or (iv) a registered user of Connected Vehicle Services; and (c) information you provide when subscribing or registering for Connected Vehicle Services. You can access the current Acura Privacy Notice online at https://www.acura.ca/privacy. You also may request a copy of the Acura Privacy Notices by writing or calling Acura at the mailing addresses or customer care telephone numbers provided in these Terms. The Acura Privacy Notices take precedence over any previous privacy notices that Acura has issued related to AcuraLink or the Connected Vehicle Services. By agreeing to these Terms (including downloading, installing, using, and providing information to or through AcuraLink or the Connected Vehicle Services), you are accepting and agreeing to the Acura Privacy Notices, as each may be modified from time to time in accordance with its terms, including your consent to all actions taken by Acura with respect to your information in compliance with the Acura Privacy Notices. IF YOU TRANSFER YOUR VEHICLE OR ANY MOBILE DEVICE THAT IS CONNECTED TO ACURALINK OR ANY OF THE CONNECTED VEHICLE SERVICES, YOU ARE SOLELY RESPONSIBLE FOR DELETING INFORMATION ABOUT YOU CONTAINED IN THE VEHICLE, YOUR MOBILE DEVICE, OR IN YOUR RELATED ACCOUNT(S).</div>
You acknowledge that when you download, install, or use AcuraLink or the Connected Vehicle Services, Acura may use automatic means (including, for example, cookies and web beacons) to collect information about your Mobile Device and about your use of AcuraLink or the Connected Vehicle Services. You also may be required to provide certain information about yourself as a condition to downloading, installing, or using the Mobile App or certain of its features or functionality. AcuraLink and the Connected Vehicle Services may provide you with opportunities to share information about yourself with others. All information Acura collects through or in connection with AcuraLink and the Connected Vehicle Services is subject to the Acura Privacy Notices.
You understand that you can help prevent unauthorized access by logging out of AcuraLink and the Connected Vehicle Services. You agree to notify Acura immediately at 1-888-922-8729 of any unauthorized use of your user credentials or passwords. Acura maintains the exclusive right to control access to AcuraLink and the Connected Vehicle Services. Unless prohibited by law, you understand and agree that Acura reserves the right to revoke your registration at any time without notice or cause, for any reason whatsoever.
If you are the age of majority in your jurisdiction of residence, you represent that you have the capacity and authority to enter into these Terms and you are only entering into these Terms on your own behalf. If you are under the age of majority in your jurisdiction of residence, you represent that your parent or legal guardian has accepted these Terms on your behalf and that such parent or legal guardian has the capacity and authority to enter into these Terms. You represent and warrant to Acura that (a) your performance under these Terms and use of AcuraLink and the Connected Vehicle Services will comply with all applicable laws, rules and regulations (including export control, privacy and obscenity laws), domestic or foreign; (b) you are not located in a country that is subject to a Canada/U.S. Government embargo, or that has been designated by the Canada/U.S. Government as a “terrorist supporting” country; and (c) that you are not listed on any Canada/U.S. Government list of prohibited or restricted parties.
Subject to your compliance with all of the terms and conditions herein, you are permitted to use AcuraLink and the Connected Vehicle Services solely for your own personal, non-commercial use. You are permitted to download, install, and use one copy of the Mobile App for your personal, non-commercial use. You agree that it is your responsibility to use AcuraLink and the Connected Vehicle Services only when it is safe to do so and in a responsible manner, including abiding by all applicable laws, rules and regulations regarding the use of AcuraLink, the Connected Vehicle Services or any devices associated with AcuraLink or any of the Connected Vehicle Services (e.g., any laws relating to use of mobile devices while driving). Without limiting the foregoing, it is your sole responsibility to exercise discretion and to observe all safety measures required by law, traffic rules and traffic regulations while accessing or using AcuraLink and the Connected Vehicle Services. You further agree that you will use the Connected Vehicle Services only with a Vehicle that you are authorized to control.
You must not, and must not permit any third party to: (a) use AcuraLink or any of the Connected Vehicle Services in any way that would violate the rights of any person; (b) impersonate any person or entity; (c) harvest or otherwise collect information about others from AcuraLink or any of the Connected Vehicle Services; (d) take any action that imposes or may impose an unreasonable or disproportionately large load on AcuraLink or any of the Connected Vehicle Services, or bypass any measures we may use to prevent or restrict access to any portion of AcuraLink or any of the Connected Vehicle Services (or other accounts, networks or services connected thereto); (e) use manual or automated software, devices, or other processes to “crawl”, “scrape” or “spider” any of AcuraLink or the Connected Vehicle Services or otherwise to copy, obtain, propagate, distribute or misappropriate any information or other content from AcuraLink or any of the Connected Vehicle Services, including any Acura Property (defined in Section 14 below); (f) distribute, rent, lease, lend, sell, license, assign, export, import, convey, or otherwise make available or grant rights in AcuraLink or any of the Connected Vehicle Services, or any information or other content obtained therein to any third party, except as expressly permitted herein; (g) otherwise interfere in any manner with the use or operation of AcuraLink or any of the Connected Vehicle Services; or (h) use AcuraLink or any of the Connected Vehicle Services for any commercial purpose, including in the development, directly or indirectly, of any product, software or service that offers any functionality substantially similar to, derivative of, or competitive with, AcuraLink or any of the Connected Vehicle Services, or any other Acura product, software or service.
You further must not, and must not permit any third party to: (i) modify or create any derivative work of AcuraLink or any of the Connected Vehicle Services; (ii) reverse engineer, decompile or disassemble AcuraLink or any of the Connected Vehicle Services, in whole or in part; (iii) make a copy (other than a backup copy) of AcuraLink or any of the Connected Vehicle Services or any part thereof (other than as expressly permitted herein); (iv) use or install AcuraLink or any of the Connected Vehicle Services on a network or for online use; (v) remove, modify or obscure any copyright, trademark, or other proprietary notice, author attributions, legal notices or other labels appearing within AcuraLink or any of the Connected Vehicle Services; or (vi) export or transport AcuraLink or any of the Connected Vehicle Services into any country in violation of any Canada/U.S. or other export laws and regulations.
If you provide to us (directly or indirectly, and by any means) any comments, feedback, suggestions, ideas, or other submissions, including any that are related to AcuraLink or any of the Connected Vehicle Services (collectively “Feedback”), the Feedback will be the sole property of Acura. We will be entitled to use, reproduce, modify, disclose, display, publish, perform, broadcast, distribute, and otherwise exploit in any manner, all Feedback, without restriction and without compensating you in any way. We have no obligation to maintain any Feedback in confidence, or to respond to any Feedback.
a. To properly use AcuraLink and one or more of the Connected Vehicle Services, you must have equipment that meets at least the following minimum requirements (“Equipment Requirements”):
i. Compatible mobile device as listed on http://www.handsfreelink.com/Acura (each, a “Mobile Device”);
ii. Internet connection through Wi-Fi or cellular network connection and any appropriate data plan;
iii. Appropriate security on the Mobile Device (e.g., no alterations to device security). A certain level of device security or security protocols is required so, for example, jail-broken or rooted mobile devices might not be supported; and
iv. Certain mobile devices may require an HDMI cable, USB cable, or audio-video adapter to connect and operate the Connected Vehicle Services within the Vehicle.
Equipment Requirements may change at any time, without notice, and further access to AcuraLink and the Connected Vehicle Services may require acceptance of additional agreements or a newer version of these Terms. For example, the Mobile App through which one or more of the Connected Vehicle Services is provided may be made obsolete by a newer version, which may require updating an operating system and/or downloading a new version of the applicable Mobile App and accepting a newer version of these Terms or the applicable Connected Vehicle Service Terms. By using the Mobile App, you further agree that Acura may change, alter, or modify the settings or configurations on your Mobile Device used to store or access the Mobile App in order to allow for or optimize your use of the Mobile App. The Mobile App may include digital rights management controls and other technical measures to control access to the Mobile App, prevent unauthorized copies, or otherwise attempt to prevent anyone from exceeding the limited rights and licenses granted under these Terms. You may not interfere with such access control measures or attempt to disable or circumvent such security features.
b. In order to access and receive certain Connected Vehicle Services, you must have an active and properly functioning factory-installed audio system in your Vehicle, you must be a registered user of AcuraLink and, for certain Vehicles, have an Acura ID, you must be within range of appropriate communications networks and/or Wi-Fi access and global positioning satellites, and you must accept the applicable Connected Vehicle Service Terms (which may set forth additional requirements and limitations).
8. Updates. Acura may from time to time in its sole discretion develop and provide updates to AcuraLink and the Connected Vehicle Services, which may include new versions, upgrades, bug fixes, patches and other error corrections and/or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that Acura has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your Mobile Device settings, when your Mobile Device is connected to the Internet either: (a) the Mobile App will automatically download and install all available Updates; or (b) you may receive notice of or be prompted to download and install available Updates. You shall promptly download and install all Updates and acknowledge and agree that the Mobile App or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of AcuraLink and the Connected Vehicle Services and be subject to all of these terms unless they are subject to a different Acura license agreement. Acura reserves the right to discontinue AcuraLink or the Connected Vehicle Services and to discontinue supporting the Mobile App or its network, in whole or in part. Without limiting the disclaimers and limitations of liability set forth in Section 15, you acknowledge and agree as follows: (a) AcuraLink and the Connected Vehicle Services are provided to you using cloud computing services of one or more third party cloud providers; (b) the cost at which we could afford to offer AcuraLink and the Connected Vehicle Services would vary if we provided AcuraLink and the Connected Vehicle Services other than using the cloud services provided by the cloud providers; and (c) we shall not be responsible or liable to you for any act, omission or failure of any of these cloud providers.
12. Third-Party Services. AcuraLink and the Connected Vehicle Services may depend upon, interact with or enable access to third-party services to connect to information, other content, services, websites, or hardware, including your Mobile Device, the network provided by your wireless or Internet service provider, your browser, email and SMS programs, dialer and other applications, which may in each case be accompanied by separate terms of use. Use of a third-party service may require that you accept additional terms of use. You must comply with the applicable terms of use when using the third-party service, AcuraLink and the Connected Vehicle Services. Acura cannot assure you that these third-party services will function correctly with AcuraLink or the Connected Vehicle Services, either now or at some future time. Acura does not endorse, and hereby disclaims all liability or responsibility to you or any other person for, any of these third-party services.
13. Links and External Websites. AcuraLink and the Connected Vehicle Services may contain links to and from websites. Acura makes no representations whatsoever about any other website that you may access from AcuraLink or through the Connected Vehicle Services. Acura is not responsible for the privacy practices or content of those websites and Acura expressly denies any liability whatsoever for use of such websites. It is up to you to take precautions to ensure that whatever you select for your use is free of items of a destructive nature.
14. Our Intellectual Property Rights. AcuraLink and the Connected Vehicle Services (including Acura Property, as defined below) are the property of, or are licensed by, Honda Canada Inc., or the applicable Independent Provider, and are subject to copyright and other intellectual property protection. All the software, algorithms, functionality, inventions, concepts, text, images, sound, music, videos, marks, logos, compilations, content and technology used to deliver AcuraLink and the Connected Vehicle Services or otherwise embodied in, displayed through, or provided directly or indirectly (e.g., emails or other communications from us to you) via, AcuraLink and the Connected Vehicle Services are “Acura Property.” Except as otherwise expressly permitted by these Terms, any use, copying, making derivative works, transmitting, posting, linking, deep linking, framing, redistribution, sale, decompilation, modification, reverse engineering, translation or disassembly of Acura Property is prohibited. You acknowledge that Acura Property has been created, compiled, developed and maintained by or on behalf of Acura or the applicable Independent Provider at great expense of time and money such that misappropriation or unauthorized disclosure or use of Acura Property by others for commercial gain would unfairly and irreparably harm us or the applicable Independent Provider in a manner for which damages would not be an adequate remedy, and you consent to our obtaining injunctive relief to restrain any breach or threatened breach of these Terms, without any requirement to post bond. You may be subject to criminal or civil penalties for violation of this paragraph.
The ACURA name and logos are registered trademarks of Honda Motor Co., Ltd. You may not use the trademarks, or any of our other marks or logos, in any manner, including any use that is likely to cause confusion or that disparages or discredits us, without our consent. AcuraLink and the Connected Vehicle Services also may also feature the trademarks, service marks, and logos of third parties, and each owner retains all rights in such marks. Any use of such marks, or any others displayed on AcuraLink or the Connected Vehicle Services, will inure solely to the benefit of their respective owners.
Subject to the terms and conditions herein, we grant you the non-exclusive, limited, revocable right to access and use Acura Property solely to the extent necessary for you to use AcuraLink and the Connected Vehicle Services for your own personal, non-commercial use, as permitted by these Terms. We reserve all other rights.
Any provisions contained in this Section 15 that are inconsistent with s. 10 of the Quebec Consumer Protection Act are inapplicable to consumers in Quebec. Any waiver of implied or statutory conditions or warranties is inapplicable to consumers in Ontario. UNLESS PROHIBITED BY APPLICABLE LAW, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW: (a) ALL USES OF ACURALINK AND THE CONNECTED VEHICLE SERVICES, INCLUDING THEIR QUALITY, PERFORMANCE, ACCURACY AND RELIABILITY, ARE AT YOUR SOLE RISK; (b) ACURALINK AND THE CONNECTED VEHICLE SERVICES, INCLUDING ANY INFORMATION PROVIDED IN CONNECTION THEREWITH, ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND; AND (c) ACURA HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO ACURALINK, THE CONNECTED VEHICLE SERVICES AND INFORMATION PROVIDED BY OR IN CONNECTION WITH ACURALINK AND THE CONNECTED VEHICLE SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. AS EXAMPLES, AND WITHOUT LIMITATION, ACURA DOES NOT GUARANTEE AND DISCLAIMS ANY WARRANTY REGARDING THE ACCURACY OF DATA PROVIDED BY THE CONNECTED VEHICLE SERVICES, SUCH AS NEWS, TRAFFIC, POINTS OF INTEREST, OR OTHER CONTENT PROVIDED BY ACURA, OUR AFFILIATES, OUR SERVICE PROVIDERS, INDEPENDENT PROVIDERS OR BY OR THROUGH THIRD-PARTY SERVICES; ACURA DOES NOT GUARANTEE AGAINST LOSS OF DATA, WHICH MAY BE LOST AT ANY TIME; AND ACURA DOES NOT GUARANTEE THAT THE CONNECTED VEHICLE SERVICES, INCLUDING THE ACURALINK ASSIST SERVICES, WILL BE PROVIDED AT ALL TIMES OR THAT ANY OR ALL CONNECTED VEHICLE SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR AT YOUR LOCATION. FOR EXAMPLE, CONNECTED VEHICLE SERVICES MAY BE UNAVAILABLE IN YOUR AREA OR LOCATION. We may pause or interrupt AcuraLink or any of the Connected Vehicle Services at any time, and you should expect periodic downtime for updates to AcuraLink and the Connected Vehicle Services. In addition, you understand that changes in third party technology or government regulation may render AcuraLink or any of the Connected Vehicle Services obsolete or unusable. No advice or information, whether oral or written, obtained by you from Acura, our affiliates, our service providers, an Independent Provider or through AcuraLink, any of the Connected Vehicle Services, or a third-party service will create any warranty. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL ACURA OR OUR AFFILIATES OR LICENSORS BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING DAMAGES FOR LOSS OF PROFITS, CORRUPTION OR LOSS OF DATA, FAILURE TO TRANSMIT OR RECEIVE ANY DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF, MISUSE OF, OR INABILITY TO USE ACURALINK, THE CONNECTED VEHICLE SERVICES, OR INFORMATION ON ACURALINK OR ANY OF THE CONNECTED VEHICLE SERVICES, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF ACURA OR ITS AFFILIATES OR LICENSORS WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL ACURA’S OR ANY OF OUR AFFILIATE’S OR LICENSOR’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) ARISING OUT OF OR RELATING TO THESE TERMS AND YOUR USE OR POSSESSION OF ACURALINK OR THE CONNECTED VEHICLE SERVICES EXCEED THE AMOUNT OF TEN DOLLARS ($10.00). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF WARRANTIES OR OF LIABILITY FOR CERTAIN TYPES OF DAMAGES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. You should contact Acura concerning any defects or performance issues in AcuraLink or the Connected Vehicle Services using the contact information provided below. We will make reasonable efforts to respond to questions relating to AcuraLink or the Connected Vehicle Services, but make no representation or warranty that we will resolve all questions or that questions will be answered within a given time. Acura shall be under no obligation to provide any other support or maintenance services for AcuraLink or the Connected Vehicle Services. The market or application store from where you downloaded the Mobile App has no responsibility to provide support and maintenance for the Mobile App or its installation, and all requests for any support and maintenance, and any complaints, with respect to AcuraLink or the Connected Vehicle Services should be addressed to Acura Canada Customer Relations, 180 Honda Blvd., Markham, ON Canada L6C 0H9 or at 1-888-922-8729.
You may terminate your use of AcuraLink and the Connected Vehicle Services at any time. In order to discontinue sending information related to AcuraLink and/or the Connected Vehicle Service(s) that you wish to terminate to Acura, our service providers and, if applicable, Independent Providers or any third-party services, you must affirmatively opt out of AcuraLink and/or the Connected Vehicle Service(s). Neither discontinuing use of AcuraLink or a Connected Vehicle Service, nor deleting a Mobile App from your Mobile Device, is sufficient to stop information from being sent to Acura, our service providers and, if applicable, Independent Providers and third-party services. If you have questions about how to opt out of AcuraLink or any Connected Vehicle Services, please contact us at 1-888-922-8729. Please note that, even if you choose to opt out of AcuraLink and all of the Connected Vehicle Services, some limited vehicle data may still be collected to improve vehicle quality and to deliver any services related to the Vehicle.
Any provisions contained in this Section 21 that are inconsistent with s. 11 of the Quebec Consumer Protection Act are inapplicable to consumers in Quebec. Unless prohibited by applicable law, and to the extent permitted under applicable law, we reserve the right to suspend your account or access to AcuraLink and the Connected Vehicle Services at any time if we believe you are in breach of these Terms or any applicable Connected Vehicle Service Terms. We reserve the right to terminate these Terms or to cease to offer AcuraLink or any of the Connected Vehicle Services at any time on written notice to you, including by email or posting on the MyGarage website, for any reason or no reason.
If your account is terminated for any reason or no reason, you agree: (a) to immediately stop using AcuraLink and the Connected Vehicle Services and to delete and purge the Mobile App from your Mobile Device; (b) that the license and rights provided by us under these Terms shall end; and (c) that we shall not be liable to you, or any third party, for compensation, reimbursement, or damages in connection with your use of AcuraLink and the Connected Vehicle Services or for termination of access to your account.
Sections 1, 2, 4, 6, and 8 through 27, any accrued obligations and remedies hereunder, and any other provisions that by their nature should reasonably survive, shall survive the termination of these Terms.
Except as otherwise expressly provided herein, these Terms set forth the entire agreement between Acura and you regarding its subject matter, and supersede all prior promises, agreements or representations, whether written or oral, regarding such subject matter.
Your registration, these Terms and your rights and obligations hereunder are not assignable, sublicensable, or otherwise transferable or delegable, by you to any third party without our prior written consent in our sole discretion. Any purported assignment, sublicense, transfer or delegation without such consent will be null and void. We may assign or otherwise transfer or delegate these Terms (including any rights or obligations hereunder), including to any purchaser of our business, from time-to-time in our sole discretion. These Terms will be binding upon and inure to the benefit of the parties’ successors and permitted assigns.</strong>
These Terms may be executed electronically, and your electronic assent or use of AcuraLink or any of the Connected Vehicle Services shall constitute execution of these Terms. You agree that the electronic text of these Terms constitutes a writing and your assent to the terms and conditions hereof constitutes a “signing” for all purposes.
No delay or omission by us in exercising any of our rights occurring upon any noncompliance or default by you with respect to any of these Terms will impair any such right or be construed to be a waiver thereof, and a waiver by us of any of the covenants, conditions or agreements to be performed by you will not be construed to be a waiver of any succeeding breach thereof or of any other covenant, condition or agreement herein. No waiver will be binding on us unless made in an express writing signed by us. Except to the extent prohibited by applicable law, you irrevocably agree that you waive any and all rights to injunctive or other equitable relief.
Except as otherwise expressly provided herein, if any provision of these Terms is found to be invalid or unenforceable, then these Terms will remain in full force and effect and will be reformed to be valid and enforceable while reflecting the intent of the parties to the greatest extent permitted by law. As used herein and unless the intent is expressly otherwise in a specific instance, the terms “include,” “includes” or “including” shall not be limiting and “or” shall not be exclusive. Any section headings herein are for convenience only and do not form a part of, and will not be used in the interpretation of, the substantive provisions of these Terms. These Terms are available in French at: https://www.acura.ca/fr/acuralink/app/terms.
If you are accessing or using the Mobile App through an Apple device, the following additional terms are applicable to you and are incorporated into these Terms by this reference:
(a) To the extent that you are accessing the Mobile App through an Apple device, you acknowledge that these Terms are entered into between you and Acura, and that Apple, Inc. (“Apple”) is not a party to these Terms other than as third party beneficiary as contemplated by Section 27 (i) of these Terms below. You acknowledge that Acura, and not Apple, is responsible for providing the Mobile App and content thereof.
(b) The license to the Mobile App granted in Section 5 of these Terms is further limited to installing and using the Mobile App only on an iPhone or iPad that you own or control and as permitted by the Usage Rules set forth in the Mobile App Store Terms of Service (see https://www.apple.com/ca/legal/internet-services/itunes/ca/terms.html). For purposes of clarity, the license granted to you in Section 5 of these Terms is non-transferable.
(c) You acknowledge that Apple has no obligation whatsoever to furnish any maintenance or any support services to you with respect to the Mobile App. To the extent that there are any such maintenance or support obligations under applicable law or the terms of these Terms, Acura is solely responsible.
(d) In the event of any failure of the Mobile App to conform to any applicable warranty (none of which is granted under these Terms), you may notify Apple, and Apple will refund the purchase price for the Mobile App to you (if any); and that, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Mobile App and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty (if any after giving effect to the disclaimers of warranties and limitations of liability in these Terms) will be Acura’s sole responsibility.
(e) Notwithstanding anything to the contrary herein, and subject to the terms in these Terms, you acknowledge that, solely as between Apple and Acura, Acura, and not Apple, is responsible for addressing any claims you or any third party may have relating to the Mobile App, or your possession and/or use thereof, including: (i) product liability claims; (ii) any claim that the Mobile App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. These Terms do not limit Acura’s liability to you beyond what is permitted by applicable law.
(f) You agree that in the event of a third party claim that the Mobile App or your possession and use of the Mobile App infringes on a third party’s intellectual property rights, Acura (and not Apple) will be solely responsible for any investigation, defense, settlement and discharge of any such intellectual property infringement claims.
(g) If you have any questions, complaint or claims with respect to the Mobile App they should be directed to Honda Canada Inc., ATTN: Acura Client Relations, 180 Honda Blvd., Markham, ON, Canada L6C 0H9 or at 1-888-922-8729.
(h) You agree to comply with applicable third party terms of agreement when using the Mobile App.
(i) You acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms, and that, upon your acceptance of the terms of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary thereof.