GENERAL TERMS FOR CUPRA CONNECT ONLINE MOBILE SERVICES

1. Scope

1.1. These General Terms for CUPRA CONNECT Online Mobile Services (the “General Terms”) establish the terms which govern the relationship between the company SEAT, S.A.U. (hereinafter, “CUPRA”), with registered office in Martorell (Barcelona), Autovía A-2, km 585, 08760, registered in the Commercial Registry of Barcelona under Volume 23662, Page B-56855, Sheet 1, with Spanish Tax Identification number (N.I.F.) A-28049161 and with contact e-mail address cupradigitalsupport@cupraofficial.com and the owner or authorised user of the vehicle (the “Client”) having contracted CUPRA CONNECT Online Mobile Services or CUPRA CONNECT PLUS Online Mobile Services ( “CUPRA CONNECT”) as described in the enrolment process in the My CUPRA App (the “Application”) and at the following link: https://www.cupraofficial.com/services/connect.html (the “Services”).

1.2. These General Terms shall be completed with the particular conditions (which will depend on the specific service order placed by each Client), terms of use and privacy policies which govern the use of the Services by the Client.

1.3. In addition, if the Services include services from another company rendered under its own brand or name, CUPRA only provides access to such services of third-party providers through the Services. In this case, these General Terms only apply to the intermediation of this access. However, for the use of third-party services, the conditions agreed with such third parties may also apply, especially in relation to the processing of personal data.

The foregoing applies accordingly to the third-party service Plug&Charge, which may be activated by the Client, as the primary user of the Services. If Plug&Charge is activated and the Vehicle is online, any user of the Vehicle may charge the Vehicle at public charging points that are equipped for Plug&Charge at the expense and using the account of the Primary User by plugging in the charging cable. If the Client, as the Primary User of the Vehicle, has activated Plug&Charge and does not want other users of the Vehicle to charge the Vehicle at the expense and using the account of the Client, the Client must deactivate Plug&Charge before leaving the Vehicle to someone else. The service can be deactivated via the My CUPRA App or in the Vehicle's Navigation System.

1.4. The Client shall accept these General Terms, as well as the particular conditions and any other applicable terms of use or privacy policies during the acquisition and activation procedure set out in Clause 6.

1.5. CUPRA will be entitled to modify these General Terms for any valid or justified reason. The Client will be informed of any changes to these General Terms and they will become binding if expressly accepted by the Client. If the Client rejects the changes, such modifications will not enter into force for the Client, unless technical reasons make it impossible to continue providing the Services. The renewal of the services at the end of the Period of Validity will be subject to the acceptance of the most recent version of the General Terms.

1.6. CUPRA will store the General Terms, which will always be accessible to the Client. The Client can find an updated version of all legal documents applicable to the Services:

CUPRA CONNECT

In the Legal Section of the infotainment system or in the Application.

CUPRA ID

https://cupraid.vwgroup.io

1.7. The Client will have access to the General Terms in Spanish, as well as in the languages available to the Client in the drop-down menu included in the Application.

1.8. The Client must be of legal age to contract the Services.

1.9. The conditions of the vehicle order (i.e. purchase, leasing or rental agreement) or the additional vehicle equipment order, shall apply exclusively to the acquisition of such vehicle or additional equipment, not to the Services, which would be contracted by the Client separately.

2. Pre-requisites

2.1. In order to contract and/or use the Services, the Client must meet the following pre-requisites and perform the following actions:

(i) Have a CUPRA vehicle that is compatible with the Services (the “Vehicle(s)”). The Client can find information about compatible vehicles in the Application and at the following link: https://www.cupraofficial.com/services/connect.html.

(ii) Have a smartphone compatible with the App and the contracted Services with a data connection (Clause 4).

(iii) Have (or create for this purpose) a CUPRA ID User Account and log in with the Client's username and password (Clause 5).

(iv) Have contracted and activated the Services in the framework of the first service order placed by the Client (the “Service Order”) (Clause 6).

(v) The Client is considered the Primary User of the Vehicle. More information about the different functions and users is available at the following link https://www.cupraofficial.com/services/connect.html and in the description of user roles in section 3.14.

2.2. If the Vehicle (regardless of the model, model year and equipment) is equipped with the “emergency call service”, the Client can use this feature with no CUPRA ID User Account, order or activation.

3. Services and availability

3.1. The Services are described in more detail at: https://www.cupraofficial.com/services/connect.html

3.2. The Services can be used through the following Channels (the “Channels”):

Not all compatible Vehicles have a Navigation System. Vehicles equipped with a Radio have access to CUPRA CONNECT services, whereas vehicles equipped with a Navigation system have access to CUPRA CONNECT PLUS services. The Client can find more information about potential limitations of the equipment in the Client’s Vehicle in the Application and at the following link https://www.cupraofficial.com/services/connect.html, as well as a description of the Services available for their specific Vehicle model, model year and equipment.

3.3. Likewise, not all Services can be used from all of the Channels mentioned above. Some Services are compatible with all Channels, with two of them or are specific for each of the Channels. The Client can find more information about the compatibility of the Services with the Channels at the following link: https://www.cupraofficial.com/services/connect.html.

3.4. Each Client can contract all or some of the Services, depending on the Service Order placed during the contracting process (Clause 6). In the same way, each Service Order placed by the Client shall be linked to the Vehicle indicated by the Client during the activation process (Clause 6). Thus, the Services cannot be transferred to any vehicle other than the Vehicle for which the Services were contracted.

3.5. The availability of all or some of the Services may be affected by technological infrastructure restrictions, network incompatibilities or technical limitations in countries other than the country in which the Vehicle was first purchased by the Client. CUPRA does not guarantee that the Services can be fully enjoyed in any country other than the country where the Vehicle was first purchased and, therefore, CUPRA shall not be liable if such circumstances are out of its control.

3.6. In order to provide the Services, CUPRA may require the Vehicle and the Channels to be in good working order, the electrical system to be running and the battery to have sufficient power. The Service may not function if the Client attempts to modify or add any equipment or software to the Vehicle that is not expressly authorised by CUPRA or is not compatible with the Service. The Client is solely responsible for proper maintenance of the Client's Vehicle or the different Channels and systems.

3.7. Due to the developments of information technologies and the technical progress of the automotive industry, the Services of the Client’s Vehicle may occasionally be adapted to new updates and improvements. For such purposes, CUPRA reserves the right to modify the features of the Services, at no additional cost to the Client for the Term of the contracted Services. CUPRA will inform the Client, on a durable support, of the type and scope of such modifications with reasonable notice.

Where such modifications negatively affect the Client (and provided such negative effects are not of minor importance), the Client will be entitled to terminate this contract within thirty (30) natural days of reception of the notification informing of the modifications, or upon modification of the Services, if this occurs at a later time. Termination of the contract shall be regulated as stated in Clause 10 below.

Nevertheless, the right to terminate this contract for the above purposes shall not apply if CUPRA has given the Client the option of maintaining, without additional costs, the Services without modification and these remain in conformity.

3.8. CUPRA will take reasonable action within its capacities to ensure continuous availability of the Services and endeavour to take care of any failure as soon as feasible.

3.9. Nonetheless, in case of force majeure (for example, armed conflict, pandemics, adverse weather conditions or labour conflict measures, etc.) or due to maintenance work, repairs or any other actions required on CUPRA or third-party technical devices that provide data, contents, information or the ability to transfer Services, the Services may be interrupted or adversely affected (speed). Likewise, an increase in the simultaneous use of the Services may impair such Services.

3.10. In addition, CUPRA will take the appropriate measures to update the Services, especially in order to prevent threats of cyberattacks against the safety of vehicles, traffic, life, health, the right to information (privacy), the ownership, assets of the Client, the owner or holder of the vehicle or against any third party or CUPRA itself. Such measures may result in restrictions regarding the Services and/or the data connections. Depending on the severity of the threats and/or the importance of the assets threatened, such measures may also imply a temporary blockage of some or all of the Services, as well as an interruption of the data connection.

3.11. To implement the above measures or to restore the total availability of the Services or the data connection, CUPRA may provide the Client with a free software update in the Vehicle, to be installed by the Client as soon as possible. Restoring the complete availability of the Services may also require another intervention by the Client (for example, changing the CUPRA ID password). CUPRA shall not be responsible for any lack of conformity over the Services if the Client has not installed such updates as per CUPRA’s indications after a reasonable period.

3.12. In the event of technical issues or any other problem related to the Services, the Client can refer to CUPRA’s Customer Care department. The Client can also find contact information for their country in the Application or at the following link: https://www.cupraofficial.com/services/connect.html.

3.13. The User of the Vehicle can be a Primary User (Primary User) or a Guest User (Guest User).

Each user has the following roles:

A. “Primary User”: the person that orders Services and connects the Vehicle to Services according to these General Terms. The Primary User has access to the full scope of Services available. The Primary User should be the owner, keeper or another person who uses the Vehicle predominantly (e.g. leasees, company car users, etc.).

B. “Guest User”: the person that is logged into the Vehicle and connected to CUPRA CONNECT with their CUPRA ID. The Guest User does not have access to Services that are exclusively provided to the Primary User. Any Vehicle user (including Anonymous Guest) can delete the Guest User in the Vehicle at any time via the Navigation System. The Primary User can remove the Guest User at any time via the Application. The Guest User role is intended for a person who uses the Vehicle regularly for a longer period of time (e.g. family member, life partner or friend of the Primary User), occasionally or as a one-off. The Guest User must accept these General Terms when they first log in to a Vehicle connected to CUPRA CONNECT. The Guest User shall not be subject to any rights or obligations that are only assigned to the Primary User. These conditions do not apply to users who are not Primary Users or Guest Users, and who are using the Services without having connected CUPRA CONNECT to their CUPRA ID (Anonymous Guest).

The available user roles may vary depending on the model, year of manufacture and the Vehicle's equipment, as well as on the software version of the Services included in the Vehicle. More information is available at the following link: https://www.cupraofficial.com/services/connect.html

4. Data connection

4.1. In order to be used by the Client, the Services require the following data connections:

4.2. Data connection between the Vehicle and the data server:

4.2.1. The data connection between the Vehicle and the CUPRA data server is required to use the Services.

4.2.2. The contracting of the Services includes the use of the Client’s data connection as regards certain Services. The Client has the option of acquiring further data packages at their own expense, in addition to that already included. CUPRA shall not be liable for the connectivity services provided by third parties.

4.2.3. The Services are configured to activate the data connection between the Vehicle and the data server when the Vehicle is located in a country authorised by CUPRA for the use of such communication ( “Area of Use”).

4.2.4. The countries within the Area of Use of the Vehicle depend on the Vehicle model, model year and equipment. The Client can find further information about the Area of Use of their Vehicle at the following link: https://www.cupraofficial.com/services/connect.html.

4.2.5. The operation and performance of the data connection between the Vehicle and the data server depend on a range of causes, which may be out of CUPRA’s control at times. For illustration purposes, and without limitation, the adequate reception of the signal at the location of the Vehicle, the failure, reduction or interruption of the coverage in tunnels, garages and underground subways, as well as other adverse factors (weather conditions, devices causing interference, buildings, heavy use of the relevant mobile telephone network).

4.2.6. CUPRA has no obligation to maintain or support any data connection between the Vehicle and the CUPRA data server if the specific network technology that the Vehicle connectivity relies upon is discontinued ( “Technology Sunset”).

4.3. Data connection between the Client’s Device and the data server:

4.3.1. The data connection between the Client’s Device and the data server for use of the Services through the Application is not part of the Services provided by CUPRA. Therefore, the terms and conditions agreed with the telecommunication service provider of the Client and Co-users shall apply. The above may result in additional costs, especially in the case of connectivity and roaming fees. These costs are out of the scope, control and responsibility of CUPRA.

5. User Account

5.1. The Client must have (or must create for this purpose) a CUPRA ID User Account ( “CUPRA ID User Account”) through the Application or as indicated in the Navigation/Radio System of the Client’s Vehicle. The terms of use and the privacy policy applicable to the CUPRA ID User Account can be checked at the following links at any time: https://cupraid.vwgroup.io/terms-and-conditions and https://cupraid.vwgroup.io/data-privacy accordingly.

5.2. The Client must log into the Application or the Navigation/Radio System of the Client’s Vehicle (according to the vehicle model) with their username and password in order to, amongst other things, contract and activate the Services in the Client’s Vehicle, as well as to check and manage the status of the contracted Services at any time, except for the “emergency call service”.

5.3. The Client must keep their login details confidential, especially the password. If the password is disclosed to third parties, the Client shall modify their password immediately or, in the event the Client is unable to log in to the CUPRA ID User Account, they shall notify CUPRA immediately. The Client will be able to recover the user password through the Application. For further questions about recovering passwords, the Client can contact CUPRA’s Customer Care Department in each country (the service has limited opening hours) or check the FAQ section at the following link: https://www.cupraofficial.com/services/connect.html.

5.4. The Client shall take all necessary actions to guarantee that the information in the CUPRA ID User Account is true and complete. Since CUPRA and the Client will be in contact using the e-mail address, the Client shall have a valid e-mail address and have access to the relevant e-mail account. Changes to the Client’s e-mail address or any other Client data shall be updated by the Client as soon as feasible through the corresponding section in the CUPRA ID User Account.

5.5. CUPRA provides the CUPRA ID User Account to the Client free of charge.

6. Contracting and activating the Services

6.1. The Client can contract the Services and activate them by logging into the Application and the Navigation/Radio System with their login details for their CUPRA ID User Account and Scanning the QR Code that appears on the Navigation/Radio System with the phone. Upon activation of the Services, the Vehicle will connect to the Client’s CUPRA ID User Account and the Client will be able to start using the contracted Services.

6.2. The Client can find more information and advice on the activation process at the following link: https://www.cupraofficial.com/services/connect.html, or can contact the relevant dealer.

6.3. The Client must take the following steps to contract and activate the Services:

(i) The Client must have a smartphone with a data connection and a CUPRA Vehicle compatible with the Services;

(ii) If the Client does not have a CUPRA ID User Account, the Client will need to create it through the Application. If the Client already has a CUPRA ID User Account, the Client must log into the Application using the login details for their CUPRA ID User Account;

(iii) The Client must link the Vehicle Identification number (VIN) to the CUPRA ID User Account through the Application. The Client can find the VIN in the lower right corner of the windscreen or in the Vehicle documents;

(iv) The Client must place the relevant Service Order for the desired Services, as well as accept the terms that apply and follow all steps required by the Application.

When the Client clicks the box to proceed with contracting the Services, the Client accepts these General Terms, as well as the particular conditions (which will depend on the Service Order placed by the Client) and any other terms of use or privacy policies which may apply;

(v) The Client must also access the Connect Menu through the Vehicle's Navigation/Radio System. To access the Connect Menu, the Client must click on Settings and then on Connect, or go to the Home Menu, click on Settings and then on the Management Icon.

(vi) The Navigation/Radio System will display a QR code. The Client must scan the QR code with the Application to register as the Client of the Vehicle. The Client will have 30 minutes to scan the QR code with the Application. After about 5 minutes, the QR code will no longer be valid and the Client will need to start the registration process again.

(vii) Once the Client has scanned the QR code displayed on the Vehicle's Navigation/Radio System with the Application, a confirmation message will appear on the Vehicle's Navigation/Radio System.

(viii) CUPRA will send an e-mail to the e-mail address provided by the Client when creating their CUPRA ID User Account. This e-mail will contain the following information:

a) Confirmation by CUPRA of the Service Order ( “Order Confirmation”);

b) Confirmation by CUPRA that the Services have been activated correctly and the Client can start to use them; and

c) The relevant invoice/ticket issued by CUPRA depending on the Service Order placed by the Client.

The date of receipt of the Order Confirmation will be considered the date of execution of the contract.

6.4. If the Client is a consumer (“consumidor”), the Client will be entitled to withdraw from the contract within fourteen (14) days of the date on which the contract was executed following the procedure established in this Clause. The steps to be taken by the Client in order to exercise the right of withdrawal are set forth in Clause 8 of these General Terms (the “Right of Withdrawal”). Together with the Order Confirmation, the Client will receive the official form (optional) to exercise the Right of Withdrawal. If the Services are provided to the Client free of charge (e.g. within a free trial period), exercising the Right of Withdrawal will not incur any refund.

7. Contract Term

7.1. The term of the contract starts with the receipt of the Order Confirmation, and shall have the term indicated when the Service Order is placed ( “Contract Term”).

7.2. Once the Contract Term has expired, if the Client wants to continue using the Services, they will need to request its renewal ( “Renewal”) following the instructions given by CUPRA.

7.3. In case of renewals in exchange of payment, and/or placements of new Service Orders under payment, if applicable, the purchase orders will not be effective until the corresponding payment has been received by CUPRA. That would be the start date of the Renewal, or the Contract Term of the new Services purchased. Please note that some Services may not be subject to renewals. In the case of Services subject to renewal, you can find more information regarding duration and price in the store available on your Vehicle’s screen ( “Store”) or in the Application.

7.4. By accepting these General Terms and for the pertinent purposes, the Client expressly requests that the provision of the Services begins during the period established for exercising the right of withdrawal set forth in Clause 9.

7.5. The Contract Term or Renewal for the contracted Services is linked to the Client’s Vehicle and can be checked by the Client in the Application by logging into their CUPRA ID User Account.

CUPRA will remind the Client of the option of renewing the contract or placing new Service Orders when the Contract Term or Renewal is close to expiring. The notification will be sent to the Client’s e-mail provided when creating their CUPRA ID User Account. If the Client wishes to renew the contract or place a new Service Order, the Client will need to follow the instructions provided by CUPRA and start a new contracting and activation process (as the case may be) through the Application and/or through the Vehicle's Navigation/Radio System (as applicable) in accordance with these General Terms.

7.6. If the Client does not renew or place new Service Orders upon expiry of the Contract Term or Renewal, the contract between CUPRA and the Client will be terminated automatically.

8. Economic conditions

8.1. The Services will be subject to the economic conditions in force at the time the Services are contracted or renewed by the Client. The current list of prices will be available at any time for the Client in the Channels.

8.2. Likewise, the Client can check the applicable prices in the particular conditions when contracting and activating the Services.

8.3. Nevertheless, to contract the Services not offered for free or for successive renewals of the Services, the Client shall pay the price for the contracted Services at the start of the agreed period of validity. The payment can be made via an authorised payment process when contracting and activating the Services.

9. Right of withdrawal

9.1. When the Client is a consumer, the Client is entitled to withdraw from this contract within a period of fourteen (14) calendar days without giving any reason.

9.2. The withdrawal period will expire after fourteen (14) calendar days from the date the service is activated (Clause 6).

9.3. To exercise the right of withdrawal, the Client shall notify CUPRA with an unequivocal statement, for example, by sending an e-mail to the following e-mail address: cupradigitalsupport@cupraofficial.com. Other options may also be available to exercise this right (for example, via the Call Centre). More information on all of the options available can be found in the Application.

9.4. The Client may use the withdrawal form attached as Annex I (also available in the Application), although its use is not obligatory.

9.5. In order to meet the deadline for expiry of the right of withdrawal, the notification sent to the Client before the expiry of this period will suffice.

9.6. In the event of withdrawal by the Client, CUPRA will proceed to reimburse all amounts collected from the Client, without undue delay and, in any event, within the maximum term of fourteen (14) calendar days from the date on which it is informed of the Client’s withdrawal decision. This reimbursement will be carried out using the same means of payment used by the Client for the initial transaction, unless the Client expressly requests otherwise. The Client will need to provide the necessary documentation to prove that they are the owner of the alternative means of payment. In any case, the Client will not incur any expense related to such reimbursement. If the payment is not reimbursed within the said period, the Client will be entitled to claim for twice the amount due, without prejudice to any applicable compensation from damages in accordance with applicable laws.

10. Termination and assignment of the contract

10.1. The contract will be terminated:

a) When the Client does not renew the Services or place a new Service Order upon expiry of the Contract Term or Renewal, in the terms set out in Clause 7;

b) When the Client exercises the right of withdrawal, in the terms set out in Clause 9;

c) The Client may cancel the Contract at any time by completing the form available in the settings section of the store on the Vehicle’s screen ( “Store”). For paid Services: if the Client terminates the Contract within the first two years of the Contract Term or Renewal, no pro rata refund of the remuneration paid shall be granted to the Client, with the Services remaining linked to the Vehicle for the applicable Contract Term or Renewal. This shall not apply where the Client qualifies as a consumer ( “consumidor”) and a refund is mandatory under applicable law. In such cases, the Client shall be entitled to a refund of the portion of the remuneration corresponding to the remaining period of the Contract Term or Renewal. The Services may be unlinked from the Vehicle, and CUPRA shall not be required to maintain their availability thereafter.

d) In the case of contracts with an indefinite term and free supply of the Services, termination may occur: (i) upon request by the Client by completing the cancellation form available in the settings section of the Store, or (ii) by CUPRA, with four weeks’ notice before the end of a calendar month, provided that the Contract has been in force for at least one year at the time of termination.

e) In case of a lack of conformity in accordance with Section ‎15.

f) At the non-breaching party’s will, when the other party has substantially breached any of the legal or contractual obligations established. In this scenario, if compliance is still possible, the non-breaching party will notify the other party in writing of the relevant breach, and the willingness of the non-breaching party to terminate the contract if the breaching party does not remedy the breach within ten (10) days of receipt of the notification. Upon expiry of this period without remedy, the non-breaching party will be entitled to terminate the contract by notifying the other party in writing, and will be entitled to claim for the relevant damages and losses. On the other hand, if compliance is not possible, the contract will be terminated with receipt of the notification from the non-breaching party requesting termination and indicating the reasons for this request.

g) In the case of a Technology Sunset, as described in Clause 4.2.6, the Client will be able to terminate the Services affected by the Technology Sunset by written notice to CUPRA , if there are no alternative connectivity solutions with the applicable technology.

h) Should the Client be unable to comply with the provisions under Clause 19, CUPRA may terminate the User Agreement with immediate effect and any other related agreements between CUPRA. and the Client, and block their future access to CUPRA ID and any Connected Services or connected products, software and technologies.

10.2. In the event the contract was terminated for any of the reasons set forth in the preceding section, the particular conditions that apply to the Services contracted by the Client at each time will also be terminated and access to the Services will be cancelled. After termination of the contract, the Client will refrain from using the Services and making them available to third parties.

10.3. None of the parties can assign their rights or obligations hereunder without prior written consent of the other party. As an exception to the above, CUPRA reserves the right to transfer the Service contract (without making any modification to the contractual conditions) to any other company of the SEAT Group. For such purposes, the Client herein authorises CUPRA to proceed with such assignment. In any event, CUPRA will inform the Client of the assignment as soon as feasible.

10.4. At the Client’s request, CUPRA will make any content other than personal data that the Client has provided or created when using the Services available to the Client. Such data will be provided free of charge, in a reasonable period of time and in a common electronic format.

11. Intellectual and industrial property rights

11.1. The Client has a non-exclusive, non-sublicensable and non-transferable right to use the Services (as well as the content, materials and the information related thereto), the Application and the Navigation/Radio System during the Period of Validity of the contracted Services. The use will be limited to those countries where the Services can be used (as indicated in the Application).

11.2. The Client is not authorised to transfer or disclose the content and information related to the Services, nor to exploit the Services in any way, for example, for the benefit of third parties or for commercial purposes or profit. Neither is the Client authorised to alter, copy, modify, decompile, disassemble or perform any reverse engineering on the Services or Channels, or their component parts, contents and source codes. Furthermore, the Client shall under no circumstances remove, alter, elude or manipulate any protection device or security system installed in the Channels.

11.3. The Client acknowledges that the intellectual and industrial property rights and any other rights over the Services (including their contents, texts, data, databases, images, photos, graphics, voices, videos, names, trademarks, distinctive signs, designs, software, interfaces, etc.), the Application and the Navigation/Radio System, as well as their component parts are property of CUPRA, its licensors and/or third parties. In this sense, when the Client contracts the Services they only acquire the rights strictly necessary for using the Services under the terms established in these General Terms.

11.4. The Client is not permitted to use the Services, the Application, the Navigation/Radio System or their component parts in violation of these General Terms and/or any other applicable terms of use, third parties’ rights and/or applicable laws. The Client shall stop any inadequate use of the Services, the Application, the Navigation/Radio System or their component parts. In particular, the Client undertakes not to distribute, reproduce, publicly communicate and/or modify, for any purposes, all or part of the Services, the Application, the Navigation/Radio System or their component parts, nor to carry out any other action which may harm the validity of any of the above.

12. Data protection

12.1. CUPRA will protect the personal data provided by the Client, implementing suitable technical and organisational measures designed to prevent any accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to their personal data. As the data controller, CUPRA will exclusively use the data as legally permitted and properly informing the Client at any time of the processing in accordance with the General Data Protection Regulation. The Client can find more information about this in the Privacy Policy, available in the legal section of the vehicle's Infotainment System and in the Application.

13. Data generation. Use of non-personal data

13.1. Your Vehicle and the Services are connected products and services, respectively, capable of generating, collecting and transmitting data derived from their use. Such data may include, but is not limited to, operating data, alerts, consumption, and vehicle analytics. Under Regulation (EU) 2023/2854 on harmonised standards for fair access to and use of data (“Data Act”), the User has certain rights over the raw data generated by the use of the connected product or service, i.e. data that has not been modified or processed, or that has been processed solely so it can be understood and used by the User. For more information, please visit the section “EU Data Act” or a similar reference on the official SEAT/CUPRA website for your country.

13.2. Any personal data collected will be processed in accordance with applicable data protection legislation (GDPR). It is recommended that the Client review the list and operation of services applicable to their Vehicle, as well as the privacy modes, before use. For more information, please see the previous section 12 of these General Terms, together with the Privacy Policy.

13.3. In addition, and in some cases, this data may be transmitted in a non-personal or anonymous form, and therefore without specific reference to the Client as the owner, or to another registered user. Examples of this include your Vehicle's status data (e.g. vehicle lock status, battery status), anonymised usage data (e.g. steering, acceleration, braking), and environmental data (e.g. temperature, road condition).

13.4. Based on this contract, SEAT may use this non-personal and anonymous data in accordance with the provisions of the Data Act, under the conditions established by these General Terms, for the following purposes:

(a) Performance of the contract with the Client.

(b) Monitoring and maintaining the functionality, safety and security of the connected product or related service, and ensuring quality control.

(c) Analysis, research, innovation and continuous improvement of the functionality of connected products and related services.

(d) Analysis, research, innovation to develop new products, systems, technologies, software or services, including AI solutions by (i) CUPRA, or (ii) third parties acting on behalf of CUPRA (such as service providers, acting on its behalf and for its benefit).

(e) For aggregation with other data or the creation of derived data for the purpose of providing such data to third parties.

(f) Disclosure of Non-Personal Data to Third Parties.

13.5. The User grants CUPRA the non-exclusive and royalty-free right to use the non-personal data generated by their Vehicle and its online Services, for the purposes indicated in the previous section 13.4. The right to use includes both commercial and non-commercial use for own purposes as well as disclosure to third parties. In addition, CUPRA is granted the right to use this data in connection with other data or works and to create new works from it. This right to use applies worldwide and is unlimited in time, unless otherwise prescribed by law or expressly agreed by contract and is fully transferable and sublicensable.

13.6. Upon termination or expiry of the contract, CUPRA remains entitled to use the data generated up to that point in full and for an unlimited period of time.

14. Client responsibility

14.1. The Client shall confirm that they fulfil the pre-requisites for contracting and using the Services, in accordance with the provisions of these General Terms and, in particular, Clause 2.

14.2. Additionally, the Client shall be responsible for using the Services without contravening these General Terms, the particular conditions which may be applicable and any other terms of use or the privacy policy of the Application and the Navigation/Radio System, as well as the laws in force and the rights of third-party individuals or companies.

14.3. If the Client is not the owner of the Vehicle, before performing software updates, the Client is responsible for making sure that they are authorised to do so. The Client may find information on the permission to perform the software update in the applicable agreements between the Client and the owner with regards to the Vehicle (e.g. in the lease agreement or – in the case of a company car – the employer’s company car guidelines or the employment contract). In case of doubt, the Client should obtain the Vehicle owner’s prior consent to perform the software update.

14.4. With regard to the third-party service Plug&Charge, if the primary user of the Services has activated it and does not want other users of the Vehicle to charge the Vehicle at the expense and using the account of the primary user, the primary user must deactivate Plug&Charge (via the My CUPRA App or directly in the HMI) before leaving the Vehicle to someone else.

14.5. In the event an authorised third party uses the Vehicle, for example a family member or an employee of the Client, the Client shall take appropriate action (for example, obtaining the consent of the relevant third party) to guarantee that, when such party logs into the Services, they do not violate third-party rights. It must be noted that the Client obtains information about the Vehicle and, thus (indirectly), about such third parties (such as user conduct, location, etc.). The warning messages as regards the Vehicle and or fault messages that will remain in the Vehicle are shown in the Application, in the section that provides information about the Vehicle status.

14.6. The Client undertakes to observe intellectual and industrial property rights and any other kind of right of CUPRA or of any other third party over the Services, the Application and the Vehicle's Navigation/Radio System under the terms established in Clause 11.

14.7. The Client shall be liable to CUPRA for any breach or violation which arises from use of the Services by any person other than the Client, holding CUPRA harmless from any circumstance resulting from such inadequate use.

14.8. If the Client is, at the same time, the driver of the Vehicle, the Services can be used by the Client if they comply with all applicable laws regarding Traffic and Road Safety.

14.9. The Client is aware that the Online Voice Assistant may use Artificial Intelligence (“AI”) to generate output, using AI tools such as ChatPro, which is based on ChatGPT from OpenAI.

The Client is responsible for any voice commands they issue to the Online Voice Assistant and must ensure that their voice commands do not violate applicable law or third-party rights (particularly copyright or privacy rights).

The output of the Online Voice Assistant (“OUTPUT”) may be incorrect, inaccurate, incomplete or offensive. The Client should not rely on the OUTPUT and should assess the OUTPUT for accuracy and appropriateness regarding their particular use. Before using or disseminating the OUTPUT (particularly on social media or otherwise on the internet), they should also ensure that such use of the OUTPUT does not infringe third-party rights (particularly copyright or privacy rights).

15. CUPRA liability

15.1. CUPRA will not be liable for any damage caused by the Client's use of the Services, the Application, or the Vehicle's Navigation/Radio System that contravenes these General Terms or due to inadequate use. The foregoing applies especially if the driver of the Vehicle is distracted while driving due to use of the Services or the Application, and this leads to an accident.

15.2. In particular, due to the digital nature of the information provided by CUPRA in the framework of the provision of the Services and the possibility of errors both in the storage and the transmission of such information via the internet, CUPRA does not guarantee the up-to-date nature, accuracy, truthfulness, correctness or quality of the information transferred or provided to the Client through the Services. In this sense, except in those cases expressly contemplated in the applicable law, CUPRA will not be liable for the up-to-date nature, accuracy, truthfulness, correctness or quality of the data and the information provided through the Services, nor for the data and information provided by third parties.

15.3. As regards the information, data, images and other content provided by third parties in the framework of the provision of the Services, the Client acknowledges that CUPRA does not review or modify the content of such data, or any other content or information.

15.4. Neither will CUPRA be liable for any circumstance affecting the Services derived from problems with the data connection provided by third parties. In this sense, CUPRA will not be liable for any Technology Sunset, as described in Clause 4.2.6. However, CUPRA will reasonably notify the Client in writing, after becoming aware of the impending Technology Sunset, of the prospective date after which the technology will no longer be available.

15.5. CUPRA will not be liable for any damage caused by the choice by the Client of an inadequate password to log in to the CUPRA ID User Account or an inadequate protection of the password. Neither will CUPRA be liable for any damages caused by third parties who have been granted access to the Services by the Client.

16. Warranty

16.1. Without prejudice to Clause 9 above and the Client’s Right of withdrawal, provided the Services have been installed appropriately, and for the duration of the relevant contract, CUPRA shall be liable to the Client in the event that the Services (i) do not conform to the description and qualities made available to the Client in these General Terms and the particular conditions stated in the Application prior to contracting, which should be of the same quality and features that similar services present; and provided the Client has not expressly accepted that any specific feature of the Services deviated from such conformity; (ii) are not fit for the ordinary uses for which they are intended (including those uses for which similar services are provided, taking into account the existing technical standards); (iii) are not provided with adequate instructions (and which the Client may reasonably expect to receive); and (iv) are not provided with relevant updates where the contract has indicated this.

16.2. CUPRA shall provide all necessary updates, including security updates, to ensure the conformity of the Services during the term of the applicable contracted Service, as indicated in its particular conditions. The above shall not apply if the Client does not install the updates made available by CUPRA in a reasonable period, provided CUPRA has duly informed the Client about such updates and that the instructions provided in this regard are accurate.

16.3. In the event of a lack of conformity of the Services, the Client is entitled to have Services brought into conformity, e.g. via update, restoring of continuous supply or elimination of restricted performance (speed). If (i) CUPRA refuses or fails to achieve conformity within a reasonable period of time and without significant inconvenience for the Client, (ii) or where the lack of conformity is of such a serious nature that it is unreasonable for the Client to apply for rectification first, they are entitled to a) in the case of payable Services, a proportionate reduction of the price, if any, for the period of time during which the digital content or digital service was not in conformity, and b) unless the lack of conformity is only minor, to terminate the contract in accordance with Section 3.7. A price reduction or refund is proportionate if it reflects the decrease in the value of the Services compared to the value that the digital content or digital service would have if they were in conformity.

16.4. In contrast to the regulations in Section 15.1 above, CUPRA shall not be liable for the lack of conformity when it results solely from the Client’s failure to install the update within a reasonable time, provided that the failure to install by the Client was not due to the lack of or shortcomings in the installation instructions provided by CUPRA.

16.5. To assert the Client’s rights under Section 15, the Client can contact CUPRA’s Customer Care department.

17. Permanent transfer of the Vehicle

17.1. The Service contract will always be linked to the Vehicle (Services are vehicle-bound) and, therefore, the Client will not be entitled to transfer the Services to any other vehicle. If the Vehicle is sold or permanently transferred to any third-party purchaser (the “Purchaser”), the Client shall:

  1. Transfer the Service contract to the Purchaser;
  2. Delete all personal data stored in Vehicle; and
  3. Remove the Vehicle from the CUPRA ID User Account through the Application.

In the event of loss or destruction of the Vehicle, the Client shall have no claim against CUPRA for reimbursement of the price paid for the Services.

17.2. The Purchaser may use the Services after creating a CUPRA ID User Account, acquiring any Services, and activating such Services in line with the provisions of this document.

17.3. The validity of the transfer of the Service contract to the Purchaser will depend on SEAT’s approval, which will not be unreasonably withheld. The Order Confirmation for the Services, as established herein, will serve as proof of acceptance by CUPRA of the transfer of the contract.

18. Jurisdiction and applicable law

18.1. These General Terms shall be governed by Spanish common law (“legislación española común”). If the Client is a consumer, the laws of the state in which the consumer has their domicile or normal place of residence when the contract was executed shall apply.

18.2. Any dispute arising from this contractual relation shall be subject to the competent courts of the city of Barcelona (Spain). Notwithstanding the foregoing, if the Client acts as a consumer, such disputes shall be subject to the courts of the place of residence of the consumer.

18.3. If the Client acts as a consumer, they may also submit any dispute arising from or in relation to these General Terms to an alternative dispute resolution (“ADR”) procedure.

Section ‎18.3 only applies to consumers whose domicile or place of ordinary residence is in a member state of the European Union and does not affect the statutory regulations regarding alternative consumer dispute resolution that may exist in countries outside the European Union.

18.4. Notwithstanding the above, CUPRA does not undertake nor is committed to taking part in dispute resolution procedures before a consumer arbitration body.

For the sake of clarity, this does not limit the Client’s right to refer their claim to a court of competent jurisdiction.

19. Severability

19.1. If any term or provision of these General Terms is found to be invalid, illegal or unenforceable, the remaining terms and provisions shall not be affected, provided that the rights and obligations of the parties arising from these General Terms are not essentially affected. For these purposes, essential means any situation which causes serious damage to the interests of any of the parties, or in relation to the purpose of these General Terms. Such affected clauses shall be superseded or integrated with other clauses which, being compliant with the law, have the same purpose as the substituted clauses.

20. Export control

20.1. When using the CUPRA ID User Account and the Services, the Client undertakes to comply with all applicable foreign trade and export control provisions, laws and rules. In addition to national foreign trade export control provisions, laws and rules, this may also apply to EU export control provisions, laws and rules as well as extraterritorially applicable export control and sanction regulations of the United States of America and other countries. The Client is also responsible for compliance with any applicable local provisions, laws and rules regarding the import, export or re-export of the digital services and related products, software and technologies.

20.2. The Client further acknowledges and confirms that, based on applicable export control and sanction rules and regulations –to the extent their observance is legally compliant– the Client is not prohibited from obtaining or using (the) digital services and related products, software or technologies.

© SEAT, S.A.U. 2025. Total or partial reproduction is prohibited. All rights reserved.

Annex I

Form – Right of withdrawal

(this form is to be filled in and submitted only in the event you wish to withdraw from the contract)

NOTIFICATION OF THE RIGHT OF WITHDRAWAL

To the attention of: SEAT, S.A. Customer Care.

Address: Autovía A-2, Km. 585 08760 Martorell

E-mail: cupradigitalsupport@cupraofficial.com

Dear Sirs,

I hereby inform you of my decision to withdraw from the contract for use of the following Services:

Telephone number: ___

User signature (only for notifications in paper format): ___

Date: ___

(*) The VIN can be found in the lower corner of the windscreen of your vehicle, and in the vehicle documents.

Annex II

Creative Commons Licence

Attribution-ShareAlike 4.0 International

By exercising the Licensed Rights (defined below), You accept and agree to be bound by the terms and conditions of this Creative Commons Attribution-ShareAlike 4.0 International Public Licence (“Public Licence”). To the extent this Public Licence may be interpreted as a contract, You are granted the Licensed Rights in consideration of Your acceptance of these terms and conditions, and the Licensor grants You such rights in consideration of benefits the Licensor receives from making the Licensed Material available under these terms and conditions.

Section 1 – Definitions.

a. Adapted Material means material subject to Copyright and Similar Rights that is derived from or based upon the Licensed Material and in which the Licensed Material is translated, altered, arranged, transformed, or otherwise modified in a manner requiring permission under the Copyright and Similar Rights held by the Licensor. For purposes of this Public Licence, where the Licensed Material is a musical work, performance, or sound recording, Adapted Material is always produced where the Licensed Material is synced in timed relation with a moving image.

b. Adapter's Licence means the licence You apply to Your Copyright and Similar Rights in Your contributions to Adapted Material in accordance with the terms and conditions of this Public Licence.

c. BY-SA Compatible Licence means a licence listed at creativecommons.org/compatiblelicenses, approved by Creative Commons as essentially the equivalent of this Public Licence.

d. Copyright and Similar Rights means copyright and/or similar rights closely related to copyright including, without limitation, performance, broadcast, sound recording, and Sui Generis Database Rights, without regard to how the rights are labelled or categorised. For the purposes of this Public Licence, the rights specified in Section 2(b)(1)-(2)are not Copyright and Similar Rights.

e. Effective Technological Measures means those measures that, in the absence of proper authority, may not be circumvented under laws fulfilling obligations under Article 11 of the WIPO Copyright Treaty adopted on December 20, 1996, and/or similar international agreements.

f. Exceptions and Limitations means fair use, fair dealing, and/or any other exception or limitation to Copyright and Similar Rights that applies to Your use of the Licensed Material.

g. Licence Elements means the licence attributes listed in the name of a Creative Commons Public Licence. The Licence Elements of this Public Licence are Attribution and ShareAlike.

h. Licensed Material means the artistic or literary work, database, or other material to which the Licensor applied this Public Licence.

i. Licensed Rights means the rights granted to You subject to the terms and conditions of this Public Licence, which are limited to all Copyright and Similar Rights that apply to Your use of the Licensed Material and that the Licensor has authority to license.

j. Licensor means the individual(s) or entity(ies) granting rights under this Public Licence.

k. Share means to provide material to the public by any means or process that requires permission under the Licensed Rights, such as reproduction, public display, public performance, distribution, dissemination, communication, or importation, and to make material available to the public including in ways that members of the public may access the material from a place and at a time individually chosen by them.

l. Sui Generis Database Rights means rights other than copyright resulting from Directive 96/9/EC of the European Parliament and of the Council of 11 March 1996 on the legal protection of databases, as amended and/or succeeded, as well as other essentially equivalent rights anywhere in the world.

m. You means the individual or entity exercising the Licensed Rights under this Public Licence. Your has a corresponding meaning.

Section 2 – Scope.

a. Licence grant.

  1. Subject to the terms and conditions of this Public Licence, the Licensor hereby grants You a worldwide, royalty-free, non-sublicensable, non-exclusive, irrevocable licence to exercise the Licensed Rights in the Licensed Material to:

    A. reproduce and Share the Licensed Material, in whole or in part; and

    B. produce, reproduce, and Share Adapted Material.

  2. Exceptions and Limitations. For the avoidance of doubt, where Exceptions and Limitations apply to Your use, this Public Licence does not apply, and You do not need to comply with its terms and conditions.

  3. Term. The term of this Public Licence is specified in Section 6(a).

  4. Media and formats; technical modifications allowed. The Licensor authorises You to exercise the Licensed Rights in all media and formats whether now known or hereafter created, and to make technical modifications necessary to do so. The Licensor waives and/or agrees not to assert any right or authority to forbid You from making technical modifications necessary to exercise the Licensed Rights, including technical modifications necessary to circumvent Effective Technological Measures. For the purposes of this Public Licence, simply making modifications authorised by this Section 2(a)(4)never produces Adapted Material.

  5. Downstream recipients

    A. Offer from the Licensor – Licensed Material. Every recipient of the Licensed Material automatically receives an offer from the Licensor to exercise the Licensed Rights under the terms and conditions of this Public Licence.

    B. Additional offer from the Licensor – Adapted Material. Every recipient of Adapted Material from You automatically receives an offer from the Licensor to exercise the Licensed Rights in the Adapted Material under the conditions of the Adapter’s Licence You apply.

    C. No downstream restrictions. You may not offer or impose any additional or different terms or conditions on, or apply any Effective Technological Measures to, the Licensed Material if doing so restricts exercise of the Licensed Rights by any recipient of the Licensed Material.

  6. No endorsement. Nothing in this Public Licence constitutes or may be construed as permission to assert or imply that You are, or that Your use of the Licensed Material is, connected with, or sponsored, endorsed, or granted official status by, the Licensor or others designated to receive attribution as provided in Section 3(a)(1)(A)(i).

b. Other rights.

  1. Moral rights, such as the right of integrity, are not licensed under this Public Licence, nor are publicity, privacy, and/or other similar personality rights; however, to the extent possible, the Licensor waives and/or agrees not to assert any such rights held by the Licensor to the limited extent necessary to allow You to exercise the Licensed Rights, but not otherwise.
  2. Patent and trademark rights are not licensed under this Public Licence.
  3. To the extent possible, the Licensor waives any right to collect royalties from You for the exercise of the Licensed Rights, whether directly or through a collecting society under any voluntary or waivable statutory or compulsory licensing scheme. In all other cases the Licensor expressly reserves any right to collect such royalties.

Section 3 – Licence Conditions.

Your exercise of the Licensed Rights is expressly made subject to the following conditions.

a. Attribution.

  1. If You Share the Licensed Material (including in modified form), You must:

    A. retain the following if it is supplied by the Licensor with the Licensed Material:

    ​ i. identification of the creator(s) of the Licensed Material and any others designated to receive attribution, in any reasonable manner requested by the Licensor (including by pseudonym if designated);

    ​ ii. a copyright notice;

    ​ iii. a notice that refers to this Public Licence;

    ​ iv. a notice that refers to the disclaimer of warranties;

    ​ v. a URI or hyperlink to the Licensed Material to the extent reasonably practicable;

    B. indicate if You modified the Licensed Material and retain an indication of any previous modifications; and

    C. indicate the Licensed Material is licensed under this Public Licence, and include the text of, or the URI or hyperlink to, this Public Licence.

  2. You may satisfy the conditions in Section 3(a)(1) in any reasonable manner based on the medium, means, and context in which You Share the Licensed Material. For example, it may be reasonable to satisfy the conditions by providing a URI or hyperlink to a resource that includes the required information.

  3. If requested by the Licensor, You must remove any of the information required by Section 3(a)(1)(A) to the extent reasonably practicable.

b. ShareAlike.

In addition to the conditions in Section 3(a), if You Share Adapted Material You produce, the following conditions also apply.

  1. The Adapter’s Licence You apply must be a Creative Commons licence with the same Licence Elements, this version or later, or a BY-SA Compatible Licence.
  2. You must include the text of, or the URI or hyperlink to, the Adapter's Licence You apply. You may satisfy this condition in any reasonable manner based on the medium, means, and context in which You Share Adapted Material.
  3. You may not offer or impose any additional or different terms or conditions on, or apply any Effective Technological Measures to, Adapted Material that restrict exercise of the rights granted under the Adapter's Licence You apply.

Section 4 – Sui Generis Database Rights.

Where the Licensed Rights include Sui Generis Database Rights that apply to Your use of the Licensed Material:

a. for the avoidance of doubt, Section 2(a)(1) grants You the right to extract, reuse, reproduce, and Share all or a substantial portion of the contents of the database;

b. if You include all or a substantial portion of the database contents in a database in which You have Sui Generis Database Rights, then the database in which You have Sui Generis Database Rights (but not its individual contents) is Adapted Material, including for the purposes of Section 3(b); and

c. You must comply with the conditions in Section 3(a) if You Share all or a substantial portion of the contents of the database.

For the avoidance of doubt, this Section 4 supplements and does not replace Your obligations under this Public Licence where the Licensed Rights include other Copyright and Similar Rights.

Section 5 – Disclaimer of Warranties and Limitation of Liability.

a. Unless otherwise separately undertaken by the Licensor, to the extent possible, the Licensor offers the Licensed Material as-is and as-available, and makes no representations or warranties of any kind concerning the Licensed Material, whether express, implied, statutory, or other. This includes, without limitation, warranties of title, merchantability, fitness for a particular purpose, non-infringement, absence of latent or other defects, accuracy, or the presence or absence of errors, whether or not known or discoverable. Where disclaimers of warranties are not allowed in full or in part, this disclaimer may not apply to You.

b. To the extent possible, in no event will the Licensor be liable to You on any legal theory (including, without limitation, negligence) or otherwise for any direct, special, indirect, incidental, consequential, punitive, exemplary, or other losses, costs, expenses, or damages arising out of this Public Licence or use of the Licensed Material, even if the Licensor has been advised of the possibility of such losses, costs, expenses, or damages. Where a limitation of liability is not allowed in full or in part, this limitation may not apply to You.

c. The disclaimer of warranties and limitation of liability provided above shall be interpreted in a manner that, to the extent possible, most closely approximates an absolute disclaimer and waiver of all liability.

Section 6 – Term and Termination.

a. This Public Licence applies for the term of the Copyright and Similar Rights licensed here. However, if You fail to comply with this Public Licence, then Your rights under this Public Licence terminate automatically.

b. Where Your right to use the Licensed Material has terminated under Section 6(a), it reinstates:

  1. automatically as of the date the violation is cured, provided it is cured within 30 days of Your discovery of the violation; or
  2. upon express reinstatement by the Licensor.

For the avoidance of doubt, this Section 6(b) does not affect any right the Licensor may have to seek remedies for Your violations of this Public Licence.

c. For the avoidance of doubt, the Licensor may also offer the Licensed Material under separate terms or conditions or stop distributing the Licensed Material at any time; however, doing so will not terminate this Public Licence.

d. Sections 1, 5, 6, 7, and 8 survive termination of this Public Licence.

Section 7 – Other Terms and Conditions.

a. The Licensor shall not be bound by any additional or different terms or conditions communicated by You unless expressly agreed.

b. Any arrangements, understandings, or agreements regarding the Licensed Material not stated herein are separate from and independent of the terms and conditions of this Public Licence.

Section 8 – Interpretation.

a. For the avoidance of doubt, this Public Licence does not, and shall not be interpreted to, reduce, limit, restrict, or impose conditions on any use of the Licensed Material that could lawfully be made without permission under this Public Licence.

b. To the extent possible, if any provision of this Public Licence is deemed unenforceable, it shall be automatically reformed to the minimum extent necessary to make it enforceable. If the provision cannot be reformed, it shall be severed from this Public Licence without affecting the enforceability of the remaining terms and conditions.

c. No term or condition of this Public Licence will be waived and no failure to comply consented to unless expressly agreed to by the Licensor.

d. Nothing in this Public Licence constitutes or may be interpreted as a limitation upon, or waiver of, any privileges and immunities that apply to the Licensor or You, including from the legal processes of any jurisdiction or authority.

Version: September 2025