GENERAL TERMS AND CONDITIONS FOR ONLINE VEHICLE MAINTENANCE

1. Scope

1.1. These General Terms and Conditions (“General Terms”) for online vehicle maintenance (“Services”) govern the rights and obligations of individuals who acquire the Services (“Clients”) and of SEAT, S.A.U. (hereinafter, “SEAT/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 email address cupradigitalsupport@cupraofficial.com / seatdigitalsupport@seat.es.

1.2. Every user who is legally capable of concluding contracts without restriction (“Client”) is entitled to acquire Services and to use them with a SEAT/CUPRA brand vehicle duly equipped (ready for Service) for this purpose (“Vehicle”); in accordance with these General Terms.

1.3. These General Terms shall be complemented with the Terms of Use and the General Terms of SEAT CONNECT/CUPRA CONNECT services, particular conditions, terms of use and privacy policies which govern the use of the Services by the Client, all of them available in the Infotainment System (“InCar Store”) and in “My CUPRA App”/“My SEAT App” (the “App” or “Application”).

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 Clauses 3 and 4.

1.5. The General Terms will be provided in Spanish, as well as in the languages available to the Client in the drop-down menu included in the Application.

1.6. 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. Subject matter of the Services

2.1. Services consists of a vehicle-related application that enables the Client to view vehicle maintenance requirements and other service-relevant information and to send manual service requests to the preferred service partner in order to support vehicle maintenance. The Client can also contact the breakdown call service via the Channels (“Services”). The individual features are described in the product description available in “My CUPRA App”/“My SEAT App” and in the Infotainment System (“InCar Store”).

2.2. The Services can only be activated and used in one vehicle at a time. The Services are vehicle-specific. Services cannot be transferred to another vehicle (Clause 15). In the event of loss or destruction of the Vehicle, the Client shall have no claim against SEAT/CUPRA for reimbursement of the price paid for the Services.

3. Conditions for use of the Services

3.1. For use of the Services, the Client must have a valid contract with SEAT/CUPRA for the use of SEAT CONNECT/CUPRA CONNECT Online Mobile Services or SEAT CONNECT PLUS/CUPRA CONNECT PLUS Online Mobile Services (“SEAT/CUPRA CONNECT Services”). SEAT/CUPRA CONNECT is not covered by the General Terms. More information on SEAT CONNECT/CUPRA CONNECT can be found here: https://www.cupraofficial.com/services/connect.html / https://www.seat.com/owners/connectivity/seat-connect-service.

3.2. SEAT CONNECT/CUPRA CONNECT Services are linked to the SEAT/CUPRA ID, the central access service for the use of many digital services of SEAT/CUPRA, (“SEAT ID/CUPRA ID”), i.e. the Client must have a SEAT ID/CUPRA ID in order to use SEAT CONNECT/CUPRA CONNECT Services and to acquire Services. More information is available for Clients in the SEAT CONNECT/CUPRA CONNECT Services General Terms and conditions, available in the App and in the SEAT ID/CUPRA ID Terms and Conditions.

3.3. The Client must be a primary user of the Vehicle in order to acquire the Services. More information about the different functions and users is available in “My CUPRA App”/”My SEAT App” and at the following link (Gen4 Services section): https://www.cupraofficial.com/services/connect.html / https://www.seat.com/owners/connectivity/seat-connect-service.

3.4. For the provision of the Services, SEAT/CUPRA must have a legal basis in order to process the data. There must be a legal basis in order to process the data and to use the Services. The Client (as the primary user) must accept these General Terms and conditions, therefore agreeing to the processing of any personal data necessary for the performance of this contract. Without a legal basis, the vehicle service cannot be used.

3.5. In order to acquire Services, the Vehicle must also be compatible and have the technical features required for the respective Service. Information on which Services can be acquired for the Vehicle can be found in the App and the Infotainment System (“InCar Store”).

4. Ordering Services

4.1. Services can be acquired by the Client online via the Application or the Infotainment System (“InCar Store”), as set forth in the SEAT CONNECT/CUPRA CONNECT General Terms available in the App, (jointly, the “Channels”).

4.2. 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. Payment can be made using the payment method specified during the ordering process.

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

4.4. As an exception, some of the Services may be offered by SEAT/CUPRA to the Client free of charge for a limited period, and subject to the SEAT/CUPRA commercial offer.

4.5. 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.

4.6. 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 Channels.

When the Client clicks the box to proceed with the contracting of the Services, the Client accepts these General Terms, as well as any other terms of use or privacy policies which may apply.

4.7. SEAT/CUPRA will send an email to the Client’s email. This email will contain the following information:

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

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

The date of receipt of the Order Confirmation will be considered the date of execution of the contract. If the acquisition of Services requires payment, the Services shall be made available to the Client only after receipt of payment.

4.8. If the Client is a consumer (“consumidor”), the Client will be entitled to withdraw from the contract within fourteen (14) days from 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.

4.9. Before the Client can use an acquired Service in the Vehicle, the Service must be duly activated in the Vehicle. The Vehicle must have a data connection and GPS signal for this activation (Clause 6). Since activation is only possible within 30 days of receiving the email notification, the Client must put the Vehicle into online mode and activate the Services within these 30 days. If the Client does not do so, he/she must request a new email for activation.

5. Availability of Services

5.1. 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. SEAT/CUPRA does not guarantee that the Services can be fully enjoyed in any country other than the country where the Vehicle was first purchased.

5.2. In order to provide the Services, SEAT/ 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 SEAT/ 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.

5.3. 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, SEAT/CUPRA reserves the right to modify the features of the Services, at no additional cost to the Client during the Period of Validity. SEAT/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 9 below.

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

5.4. SEAT/CUPRA will take reasonable action within its capacities to ensure continuous availability of the Services, and will use its best efforts to take care of any failure as soon as feasible.

5.5. Nonetheless, in case of force majeure (for example, armed conflict, pandemics, adverse climate conditions or labour conflict measures, etc.) or due to maintenance work, repairs or any other actions required on SEAT/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.

5.6. In addition, SEAT/CUPRA will take the appropriate measures to update the Services, especially in order to prevent threats of cyber-attacks 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 SEAT/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.

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

5.8. For their part, the Client grants SEAT/CUPRA a non-exclusive, unlimited, unrestricted, full, transferable, free and sublicensable right of use of all data derived from their use of the Services, especially technical data, that does not refer to persons or from which personal references have been removed (anonymised data).

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

6. Data connection

6.1. The Services require a data connection and GPS signal between the Vehicle and the SEAT/CUPRA data server. This connection is established via mobile phone networks. Depending on the model, model year and equipment of the Vehicle, the Vehicle may have a data connection available, meaning it is not necessary for the Client to conclude a separate contract with a telecommunications provider. Further information can be found in the Application and in the on-board manual of the Vehicle.

6.2. 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 SEAT/CUPRA for the use of such communication (“Area of Use”).

6.3. The countries within the Area of Use of the Vehicle depend on the model, the model year and the Vehicle's equipment. The Client can find further information about the Area of Use of his/her Vehicle at the following link: https://www.cupraofficial.com/services/connect.html / https://www.seat.com/owners/connectivity/seat-connect-service.

6.4. An insufficient data connection may impair the usability of Services. The functioning and performance (speed) of the mobile data connection between the Vehicle and the data server depend on a number of factors which are beyond the control and responsibility of SEAT/CUPRA. 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).

6.5. SEAT/CUPRA cannot be held responsible for the lack of functionality of Services in connection with the (insufficient) data connection.

6.6. SEAT/CUPRA has no obligation to maintain or support any data connection between the Vehicle and the SEAT/CUPRA data server if the specific network technology the connectivity of the Vehicle relies on is discontinued (“Technology Sunset”).

7. Period of Validity

7.1. The Period of Validity of the Services begins with the conclusion of the contract (Clause 4.7). The Period of Validity is specified in the order process for the respective Service. In case of renewals and/or placements of new Service Orders, if applicable, (and provided that payment is received by SEAT/CUPRA before the expiry date of the initial Services contracted), the date after expiry will initiate the Period of Validity of this renewal and/or placement of new Service Orders. If the payment for the renewals and/or placement of new Service Orders is received by SEAT/CUPRA after expiry of the initial Services contracted, the date on which payment is confirmed by SEAT/CUPRA will initiate the next Period of Validity. Please note that some of the Services may not be subject to renewals. For more information, check in the App and/or Infotainment system of the Vehicle.

7.2. 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 8.

7.3. The Period of Validity for the contracted Services is linked to the Client’s Vehicle and can be checked by the Client in the Channels by logging into his/her SEAT ID/CUPRA ID User Account.

SEAT/CUPRA will remind the Client of the option of renewing the contract or placing new Service Orders when the Period of Validity is close to expiry. The notification will be sent to the Client’s email provided when creating his/her SEAT ID/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 SEAT/CUPRA and start a new contracting and activation process (as the case may be) through the Application and/or through the Navigation/Radio System of the Vehicle (as applicable) in accordance with these General Terms.

7.4. If the Client does not renew or place new Service Orders upon expiry of the Period of Validity, the contract between SEAT/CUPRA and the Client will be automatically terminated.

8. Right of withdrawal

8.1. 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.

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

8.3. To exercise the right of withdrawal, the Client shall notify SEAT/CUPRA with an unequivocal statement, for example, by sending an email to the following email address: cupradigitalsupport@cupraofficial.com / seatdigitalsupport@seat.es. Other options may also be available to exercise this right (for example, via Customer Care. More information on all of the options available can be found in the App.

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

8.5. 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.

8.6. In the event of withdrawal by the Client, SEAT/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. Such 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 he/she is 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.

9. Termination and assignment of the contract

9.1. The contract will be terminated:

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

b) When the Services available free of charge expire;

c) When the Client exercises the right of withdrawal, in the terms set out in Clause 8;

In case of a lack of conformity in accordance with Section ‎14;

d) 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.

e) In the case of a Technology Sunset, as described in Clause 6.6, the Client will be able to terminate the Services affected by the Technology Sunset by written notice to SEAT/CUPRA, if there are no alternative connectivity solutions with the applicable technology.

f) Should the Client be unable to comply with the provisions under Clause 18, SEAT/CUPRA may terminate the User Agreement with immediate effect and any other related agreements between SEAT/CUPRA and the Client, and block his/her future access to SEAT ID/CUPRA ID and any Connected Services or connected products, software and technologies.

9.2. 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.

9.3. 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, SEAT/CUPRA reserves the right to transfer the Services contract (without making any modification to the contractual conditions) to any other company of the SEAT Group. For such purposes, the Client herein authorises SEAT/CUPRA to proceed with such assignment. In any event, SEAT/CUPRA will inform the Client of the assignment as soon as feasible.

9.4. At the Client’s request, SEAT/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.

10. Intellectual and industrial property rights

10.1. The Client has a non-exclusive, non-sublicensable and non-transferrable 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. The use will be limited to those countries where the Services can be used (as indicated in the Application). In particular, the right of use is spatially limited: use in the United States of America and the People's Republic of China is not permitted.

10.2. 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, to 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.

10.3. 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 SEAT/CUPRA, its licensors and/or third parties. In this sense, when the Client contracts the Services he/she only acquires the rights strictly necessary for using the Services under the terms established in these General Terms.

10.4. The Client is not permitted to use the Services, the Application, the Navigation/Radio System and 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 inappropriate use of the Services, the Application, and 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.

11. Data protection

11.1. SEAT/CUPRA will protect the personal data provided by the Client. SEAT/CUPRA will exclusively use the data as legally permitted and properly informing the Client at all times. The Client can find more information about this in the Privacy Policy, available in the legal section of the Infotainment System of the vehicle.

12. Client responsibility

12.1. The Client shall confirm that he/she fulfils the pre-requisites for contracting and using the Services, in accordance with the provisions of these General Terms.

12.2. 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 Services, as well as the laws in force and the rights of third-party individuals or companies.

12.3. 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., from 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.

12.4. In the event an authorised third party used the Vehicle and the Services, 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.

12.5. The Client undertakes to observe intellectual and industrial property rights and any other kind of right of SEAT/CUPRA or of any other third party over the Services, the Application and the Infotainment System of the Vehicle under the terms established in Clause 10.

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

12.7. If the Client is, at the same time, the driver of the Vehicle, the Services can be used by the Client if he/she complies with all applicable laws regarding Traffic and Road Safety.

13. SEAT/CUPRA liability

13.1. SEAT/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.

13.2. In particular, due to the digital nature of the information provided by SEAT/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, SEAT/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, SEAT/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.

13.3. 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 SEAT/CUPRA does not review nor modify the content of such data, or any other content or information.

13.4. Neither will SEAT/CUPRA be liable for any circumstance affecting the Services derived from problems with the data connection provided by third parties. In this sense, SEAT/CUPRA will not be liable for any Technology Sunsets, as described in Clause 6.6. However, SEAT/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.

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

14. Warranty

14.1. Without prejudice to Clause 12 above and the Client’s Right of withdrawal, provided the Services have been installed appropriately, and for the duration of the relevant contract, SEAT/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.

14.2. SEAT/CUPRA shall provide all necessary updates, including security updates, to ensure the conformity of the Services during the Period of Validity. The above shall not apply if the Client does not install the updates made available by SEAT/CUPRA in a reasonable period, provided SEAT/CUPRA has duly informed the Client about such updates and that the instructions provided in this regard are accurate.

14.3. 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) SEAT/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 5.3. 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.

14.4. In contrast to the regulations in Section 14.1 above, SEAT/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 SEAT/CUPRA.

14.5. To assert the Client’s rights under Section 14, the Client can contact SEAT/CUPRA’s Customer Care department.

15. Permanent transfer of the Vehicle

15.1. The Service contract will always be linked to the Vehicle 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 the Vehicle; and
  3. Remove the Vehicle from the SEAT ID/CUPRA ID User Account through the Application.

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

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

16. Jurisdiction and applicable law

16.1. Section ‎16 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.

16.2. 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 his/her domicile or normal place of residence when the contract was executed shall apply.

16.3. 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.

16.4. If the Client acts as a consumer, he/she may also submit any dispute arising from or in relation to these General Terms to an alternative dispute resolution (“ADR”) procedure. The European Commission's list of available ADR platforms can be found at: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage.

16.5. Notwithstanding the above, SEAT/CUPRA does not undertake nor is committed to taking part in online dispute resolution procedures before the consumer arbitration body.

17. Severability

17.1. 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.

18. Export control

18.1. When using the SEAT ID/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.

18.2. 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. 2024. 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

Email for CUPRA vehicles: cupradigitalsupport@cupraofficial.com

Email for SEAT vehicles: seatdigitalsupport@seat.es

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 bottom corner of your vehicle's windscreen, and in the vehicle documents.