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Discussion Starter · #1 ·
Can anyone provide the text of the End User License Agreement (EULA) (if any) that you need to click-through when you take delivery of your vehicle?

I can find the EULA for the web site and app online, but not the vehicle itself.
 

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Can anyone provide the text of the End User License Agreement (EULA) (if any) that you need to click-through when you take delivery of your vehicle?

I can find the EULA for the web site and app online, but not the vehicle itself.
There are important clauses about waiving your rights to future class action suits and agreeing to arbitration that are unusual in my opinion. But one can opt out by sending an email within thirty days of purchase. I will try to post the original document here when I’m back from travel.
 

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There are important clauses about waiving your rights to future class action suits and agreeing to arbitration that are unusual in my opinion. But one can opt out by sending an email within thirty days of purchase. I will try to post the original document here when I’m back from travel.
POSTED NOW THAT I'M BACK; WHAT FOLLOWS IS FROM THE PURCHASE AGREEMENT

16. DISPUTE RESOLUTION—ARBITRATION, CLASS ACTION WAIVER (v. 05/22)

Binding Arbitration. To the fullest extent permitted by applicable law and except for small claims or if You choose to opt-out as provided below, You and Rivian agree to resolve any claims, demands, disagreements, or disputes between us whether based in contract, tort, statute or otherwise arising from or related to this Agreement or Our relationship, including advertising and other communications between You and Rivian, Rivian products or services, and as applicable, Your credit application, or the purchase or condition of the Vehicle (a “Dispute”) by binding arbitration conducted by the American Arbitration Association (“AAA”) in accordance with the AAA Consumer Arbitration Rules, unless You and We agree otherwise. For more information on arbitration and to access the AAA Consumer Arbitration Rules, please visit: www.adr.org. If the AAA Consumer Arbitration Rules conflict with this Agreement, then this Agreement shall control. You and We understand that we are both waiving our rights to go to court (other than small claims court, as provided below), to present our claims to a jury and to have claims resolved by a jury trial, and also that judicial appeal rights, if any, are more limited in arbitration than they would be in court.

THEN, SEVERAL PARAGRAPHS DETAILING THE SPECIFICS OF HOW AND WHEN ARBITRATION IS HANDLED. THESE PARAGRAPHS SEEMS TYPICAL FOR ARBITRATION CLAUSES SO TO KEEP THIS POST SHORT(ER), AM NOT REPOSTING THOSE...FAR MORE UNUSUAL -- AND INTERESTING -- IS THE CLASS ACTION WAIVER...

Class Action Waiver. The parties further agree that the arbitration shall be conducted in each party’s respective individual capacity only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. [EMPHASIS ADDED] YOU AND RIVIAN AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER PARTY ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, NEITHER YOU NOR RIVIAN WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CONSUMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. If a court or arbitrator finds this Class Action Waiver provision to be unenforceable as to a particular class or representative action, then this entire Section 16, Dispute Resolution – Arbitration and Class Action Waiver shall be null and void as to that class or representative action, and the action may only be brought in court rather than in arbitration.

Small Claims Court. Subject to the Initial Dispute Resolution Requirement, either party may bring an individual action in small claims court consistent with the jurisdictional limits that apply to that forum.

Opt-Out Right. You may opt-out of this Section 16, Dispute Resolution – Arbitration and Class Action Waiver within 30 days from the date You electronically sign this Agreement, by sending an email to [email protected] from the email associated with Your Rivian ID with “Opt-Out of Arbitration” in the subject line and, in the body of the email, Your full name and address. [EMPHASIS ADDED] You agree that any request will not apply to subsequent agreements between You and Rivian unless the other agreement provides an option to opt out and You follow the requirements outlined in that agreement.

Severability. Except as provided in the Class Action Waiver Section above, if any competent legal authority determines any part of this Section 16, Dispute Resolution – Arbitration and Class Action Waiver is illegal or unenforceable, then such part will be eliminated and the remainder of Section 16, Dispute Resolution – Arbitration and Class Action Waiver will remain in force and effect and the unenforceable part shall be deemed to be modified solely to the extent necessary to make it enforceable.

Survival. This Section 16, Dispute Resolution – Arbitration and Class Action Waiver shall survive the end of this Agreement and/or Your relationship with Rivian, including the end of any promotion or contest, opt-out of communication or other use or participation in any Rivian Product or Service.

By signing immediately below, You acknowledge and agree to the terms and conditions of this Section 16, Dispute Resolution – Arbitration and Class Action Waiver:
 

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Any mention of opting out of data sharing or privacy clauses?
The Rivian Event Data Recorder Consent and Release (known as the "EDR Consent Form") during purchase asks for your signature. It does not list an opt-out pathway (which I think would be a violation of GDPR if we were in the EU; still, it is standard best practice to enable opt-out of data sharing though I acknowledge that I'm less certain how/if that could work with the increasingly digital and personalized nature of vehicles / Rivian).

You could simply not sign that document, tell them you're not going to, and see if they're willing to walk away from $80,000 over it. My guess is that they want this to be "required" because it's much easier operationally to just assume you can chat back and forth with the vehicle to perform service, recovery, analytics, etc. I'm not sure if I think requiring this data access is even a bad thing. We're at a point in time where companies are trying to build the code for self-driving and semi-autonomous driving; I want them to learn as quickly as possible. We're at a point in time where OTA updates can resolve maintenance issues; this makes repairs much less painful and is a welcome advancement. And, this is a brand new company and I want them to succeed and learn as fast as possible.

Them's my thoughts.
 

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The Rivian Event Data Recorder Consent and Release (known as the "EDR Consent Form") during purchase asks for your signature. It does not list an opt-out pathway (which I think would be a violation of GDPR if we were in the EU; still, it is standard best practice to enable opt-out of data sharing though I acknowledge that I'm less certain how/if that could work with the increasingly digital and personalized nature of vehicles / Rivian).

You could simply not sign that document, tell them you're not going to, and see if they're willing to walk away from $80,000 over it. My guess is that they want this to be "required" because it's much easier operationally to just assume you can chat back and forth with the vehicle to perform service, recovery, analytics, etc. I'm not sure if I think requiring this data access is even a bad thing. We're at a point in time where companies are trying to build the code for self-driving and semi-autonomous driving; I want them to learn as quickly as possible. We're at a point in time where OTA updates can resolve maintenance issues; this makes repairs much less painful and is a welcome advancement. And, this is a brand new company and I want them to succeed and learn as fast as possible.

Them's my thoughts.
I should add that Rivian's privacy policy (separate from the EDR Consent Form) does provide options to access and change your info and to opt out of marketing communications...it's not clear if you can opt out entirely. See Rivian Privacy Policy
 

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Discussion Starter · #7 ·
Not allowing an opt out of data sharing also would likely violate California law, but I don’t live in California.
I suspect they are doing what every other car company is attempting to do: monetizing the gigantic amount of data they are collecting on their customers.
I was merely hoping that Rivian would lead on this instead of following.
 

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The Rivian Event Data Recorder Consent and Release (known as the "EDR Consent Form") during purchase asks for your signature. It does not list an opt-out pathway (which I think would be a violation of GDPR if we were in the EU; still, it is standard best practice to enable opt-out of data sharing though I acknowledge that I'm less certain how/if that could work with the increasingly digital and personalized nature of vehicles / Rivian).

You could simply not sign that document, tell them you're not going to, and see if they're willing to walk away from $80,000 over it. My guess is that they want this to be "required" because it's much easier operationally to just assume you can chat back and forth with the vehicle to perform service, recovery, analytics, etc. I'm not sure if I think requiring this data access is even a bad thing. We're at a point in time where companies are trying to build the code for self-driving and semi-autonomous driving; I want them to learn as quickly as possible. We're at a point in time where OTA updates can resolve maintenance issues; this makes repairs much less painful and is a welcome advancement. And, this is a brand new company and I want them to succeed and learn as fast as possible.

Them's my thoughts.
It is my understanding that the Event Data Recorder is basically the "black box" for accident data. This is entirely separate from the cellular/wifi tether used for normal data collection and service information.
 
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