GENERAL TERMS FOR SEAT CONNECT/CUPRA CONNECT ONLINE MOBILE SERVICES

1. Scope

1.1. These General Terms for SEAT CONNECT/CUPRA CONNECT Online Mobile Services (the “General Terms”) establish the terms which govern the relationship between the company SEAT, S.A.U., 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 seatdigitalsupport@seat.es (“SEAT”) and the owner or authorised user of the vehicle (the “Client”) having contracted SEAT CONNECT/CUPRA CONNECT Online Mobile Services as described in the Applications (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 that 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, SEAT 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 the third-party services, the conditions agreed with such third parties may also apply, especially in relation to the processing of personal data.

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. SEAT will be entitled to modify these General Terms for any valid or justified reason. Changes in these General Terms shall be notified to the Client and 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 the continuation of the Services impossible.

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

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

Applications

SEAT ID

https://seatid.vwgroup.io/terms-and-conditions for Terms & Conditions

https://seatid.vwgroup.io/data-privacy for Data privacy

https://seatid.vwgroup.io/imprint for Imprint

1.7. The General Terms will be accessible to the Client in Spanish as well as in the languages available to the Client in the Applications.

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

2. Pre-requisites

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

(i) Have a SEAT or CUPRA vehicle compatible with the Services (the “Vehicle/s”). The Client can find information about compatible vehicles in the Applications;

(ii) Have a smartphone, tablet, computer or any other electronic device with data connection (Clause 4);

(iii) Have (or create to this purpose) a SEAT ID user account and log in with the user name and the password of the Client (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) Client would be considered as 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 / https://www.seat.com/owners/connectivity/seat-connect-service.html and in the description of user roles in section 16.

2.2. If the Vehicle (regardless of the model, year of the model and equipment) is equipped with the “emergency call service”, the Client can use such feature with no SEAT ID user account, order or activation.

3. Services and availability

3.1. The Services are further described in detail in the Applications.

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

Not all compatible Vehicles have a Navigation System. Certain compatible Vehicles are equipped with a Radio system, which allows reception of the Services with a different range. The Client can find more information about possible limitations of the equipment of the Client’s Vehicle in the Applications.

3.3. Likewise, not all the Services can be used from all the Channels mentioned above. Some Services are compatible for all Channels, for 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 in the Application or the Navigation/Radio System.

3.4. Each Client can contract all or part of the Services, depending on the Service Order placed during the contracting process (Clause 6). Certain Services may be offered free of any charge (e.g. within a free trial period) and as factory settings when the Client acquires a new Vehicle. 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 other vehicle different from the Vehicle for which the Services were contracted.

3.5. The availability of all or part of the Services may be affected by technological infrastructure restrictions, network incompatibilities and/or technical limitations existing in countries other than the country in which the Vehicle was first purchased by the Client. SEAT 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, SEAT shall not be liable if such circumstances are out of its control.

3.6. In order to provide the Services, SEAT may expect that your vehicle and the Channels are in good working order, the electrical system is running and there is adequate battery power. The Service may not function if you attempt to modify or add any equipment or software to the Vehicle that is not expressly authorised by SEAT, 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 its 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 be occasionally adapted to new updates and improvements. For such purposes, SEAT reserves the right to modify the features of the Services, at no additional cost for the Client during the Term of the contracted Services. SEAT 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 about the modifications, or upon modification of the Services, if this were to occur 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 purposes above shall not apply if SEAT has given the Client the option of maintaining, at no additional cost, the Services without the modification and they remain in compliance.

3.8. SEAT 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.

3.9. Nonetheless, in case of force majeure (for example, armed conflict, adverse climatological conditions or labour conflict measures, etc.) or due to the performance of maintenance, repair or any other kind of actions required in the SEAT technical devices or the devices of third parties which provide data, contents, information or the transfer capability of the Services, the Services may be interrupted or hindered (speed). Likewise, an increment in the simultaneous use of the Services may impair such Services.

3.10. In addition, SEAT will take the appropriate measures to update the Services, especially in order to prevent threats of cyber attacks on 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 on any third party or SEAT itself. Such measures may result in restrictions to 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 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, SEAT may provide the Client with a free software update in the Vehicle, to be installed by the Client as soon as possible. Restoring complete availability of the Services may also require another action from the Client (for example, changing the SEAT ID password). SEAT will not be responsible for any lack of conformity regarding the Services if, after a reasonable period, the Client has not installed such updates following SEAT’s indications.

3.12. On their part, the Client grants SEAT a non-exclusive, unlimited, unrestricted, full, transferable, free and sub-licensable right of use of all data derived from their use of the Services, especially technical data, that do not refer to persons or whose personal references have been removed (anonymised data).

3.13. In the event of technical issues or any other problem related to the Services, the Client can refer to SEAT’s Customer Care department. The Client can find the contact particulars in the Applications.

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. Data connection between the Vehicle and the SEAT data server is required to use the Services.

4.2.2. The contracting of the Services includes a part of the usage of the Client’s data connection as regards certain Services. In order to use other Services, which may demand a higher data connection usage, the Client may acquire additional data packages from third parties, at his own expense. Further information on the data connection required for each of the contracted Services can be found in the Applications, as well as alternatives to acquire additional data packages from telecommunication operators. SEAT 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 SEAT 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 model, the year of the model and the equipment of the Vehicle. The Client can find further information about the Area of Use of his Vehicle in the Application.

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 from time to time out of SEAT’s control. For illustration purposes, and without limitation, the adequate reception of the signal in the location of the Vehicle, the failure, diminution or interruption of the coverage in tunnels, garages and underground subways, as well as other adverse factors (meteorological conditions, devices producing interferences, buildings, intensive use of the relevant cellular network).

4.2.6. SEAT is under no obligation to maintain or support any data connection between the Vehicle and the SEAT data server if the specific network technology that the connectivity of the Vehicle relies on 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 the use of the Services through the Application is not part of the Services provided by SEAT. Therefore, the terms and conditions agreed with the telecommunication services provider of the Client and/or the Co-users shall apply. The above may result in additional costs, especially in the case of connectivity and itinerancy fees. These costs are out of the scope, control and responsibility of SEAT.

5. User Account

5.1. The Client must have (or create for this purpose) a SEAT ID user account (“SEAT 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 SEAT ID User Account can be checked at any time at the following link: https://seatid.vwgroup.io/terms-and-conditions.

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

5.3. The Client must keep the login details confidential, especially the password. If the password is disclosed to third parties, the Client shall modify this password immediately or, in the event the Client is unable to log in to the SEAT ID User Account, shall notify SEAT immediately. Through the ID Portal, the Client may be able to recover the user’s password. For further questions about recovering passwords, the Client can contact SEAT’s Customer Care Department in each country (the service has limited opening hours) or check the FAQ section in the Applications.

5.4. Some Services require a personal identification number (S-PIN) to log in. The Client can find further information on this matter in the Applications. The client must keep this security PIN confidential. If the security PIN is disclosed to third parties, the Client shall modify the security PIN immediately.

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

5.6. SEAT provides the SEAT ID User Account to the Client, free of charge.

6. Contracting and activation of the Services

6.1. The Client can contract the Services (by placing new Service Orders or by renewing them) and activate them by logging into the Application or the Navigation/Radio System (according vehicle’s model) with his login details of his SEAT ID User Account. Upon activation of the Services, the Vehicle will connect with the Client’s SEAT ID User Account and the Client will be able to start using the contracted Services.

6.2. In case of placement by the Client of new Service Orders or renewals after expiration of the initial ones, the Client will need to repeat the activation process, unless the payment for the renewal is confirmed by SEAT before the expiration date of the initial Service Order made by the Client.

6.3. As an exception to the above, in order to activate the Services for “Remote Lock & Unlock” and “Digital Key”, a double authentication process made by the relevant dealer in each case will be required.

6.4. Depending on the model and equipment of the Client’s Vehicle, the Client can contract and activate the Services using different means. The Client can find more information and advice on the process of activation in the Applications or refer to the relevant dealer.

6.5. Depending on the means used to contract the Services, the Client must take the following steps:

6.6. Contracting and activation of the Services through the Application (“out-car activation”) as applicable:

(i) The Client must have a smartphone, tablet, computer and/or any other electronic device with data connection and a SEAT or CUPRA Vehicle compatible with the Services;

(ii) The Client must log into the Application using the Client’s login details of his SEAT ID User Account;

(iii) The Client must insert the Vehicle Identification number (VIN). The Client can find the VIN in the lower number of the windshield or the documents of the Vehicle;

(iv) The Client must place the relevant Service Order for the desired Services, as well as accept the terms that apply.

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

(v) The Client must note down and memorise the connection code which will be shown (the “Connection Code”) and must insert such number in the Navigation/Radio System of the Vehicle to establish the connection; and

(vi) SEAT will send an e-mail to the Client’s e-mail address provided by the latter when creating his SEAT ID User Account. Such e-mail will contain the following information:

a) Confirmation by SEAT of the Services Order (“Order Confirmation”);

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

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

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

6.7. Contracting and activation of the Services through the Navigation/Radio System of the Vehicle (“in-car activation”) as applicable:

(i) The Client must have a SEAT or CUPRA Vehicle compatible with the Services;

(ii) The Client must log into the Navigation/Radio System using his login details of his SEAT ID User Account;

(iii) The Client must place the relevant Service Order for the desired Services, as well as accept the terms that apply.

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

(iv) The Client must go through a 2keys verification process (opening and closing the Vehicle with each of the keys);

(v) The Client will need to wait until the message confirming the activation of the Services is displayed in the screen of the Navigation/Radio System of the Vehicle; and

(vi) SEAT will send an e-mail to the Client’s e-mail address provided by the latter when creating his SEAT ID User Account. Such e-mail will contain the following information:

a) Confirmation by SEAT of the Services Order (“Order Confirmation”);

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

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

The date of reception by the Client of the Order Confirmation will be considered the date of execution of the contract.

6.8. If the Client is a consumer (“consumidor”), the Client will be entitled to withdraw from the contract within fourteen (14) days from the day in 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 10 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 any charge (e.g. within a free trial period), the exercise of the Right of Withdrawal will not incur any refund.

7. Economic conditions – Payment method

7.1. 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 and applicable taxes will be available at any time for the Client in the Application.

7.2. Likewise, the Client will be able to find more about applicable prices to the Services during the contracting and activation process and the placement of the Service Orders. The Order Confirmation send to the Client after such process is concluded will include the invoice/ticket with the applicable prices and taxes (Clause 6).

7.3. Exceptionally, some Services may be offered by SEAT to the Client free of any charge (e.g. within a free trial period) when the Client purchases a new Vehicle compatible with the Services.

Nonetheless, renewal or placement of new Service Orders will require the Client to pay the corresponding price. In this regard, before the expiration of the Period of Validity of the first Service Order placed, SEAT will inform the Client via e-mail (in more than one occasion) about his possibility to renew the current Service Order or place a new one.

7.4. In the case the Client does not confirm and pay the price for the renewal of the Services or the placement of a new Service Order after SEAT sends the last notification, SEAT reserves all rights to cancel/terminate the Client’s access to the Services upon expiration of its Period of Validity. In any case, the Client will be entitled to contract the Services again at any time after expiration of the previous contract.

7.5. The payment of the price for the Services, its renewals and/or placement of new Service Orders, shall be carried out and executed by the Client through its SEAT ID User Account, which will readdress the Client to a payment platform/gateway operated by, or through, J.P. Morgan Mobility Payments Solutions S.A. (“EMI”). EMI is an electronic money institution incorporated under the laws of Luxembourg, with registered office at 19-21, route d’Arlon, L-8009 Strassen, Luxembourg, registered with the Luxembourg Commercial Registry (Registre de Commerce et des Sociétés) under number B215079 and operates under the supervision of the Luxembourg financial authority (Commission de Surveillance du Secteur Financier, CSSF). As the case may be, the payment process may be governed by the terms and conditions and/or privacy policy applicable to payments of end users agreed between the Client and EMI from time to time. Would such be the case, the Client will be properly informed in order to provide his/her consent. In this regard, if the information provided by the Client as a part of the registration process changes, the Client will need to inform EMI without undue delay by updating the relevant data. If necessary, the Client may be required to provide evidence of the updated data with appropriate documents.

7.6. Any circumstance outside SEAT’s control that compromises the success or proper completion of the Client’s payment will automatically cause interruption and/or cancellation of the contracting process.

8. Period of Validity

8.1. The period of validity of the contract will be established when each Service Order is placed (“Period/s of Validity”). In general (but not always), the Services will be contracted by the Client for Periods of Validity of one year.

8.2. The Validity Period will start on the date of the activation of the guarantee of the Client’s Vehicle. In case of renewals and/or placements of new Service Orders (and provided that payment is received by SEAT before the expiration date of the initial Services contracted), the date after expiration will initiate the Period of Validity of such renewal and/or placement of new Service Orders. In case that the payment for the renewals and/or placement of new Service Orders is received by SEAT after expiration the initial Services contracted, the date in which payment is confirmed by SEAT will initiate the next Period of Validity.

8.3. With the acceptance of these General Terms and for the pertinent purposes, the Client expressly requests that the provision of the Services begin during the period established for the exercise the right of withdrawal set forth in Clause 9.

8.4. For such Services offered to the Client free of any charge in the context of the purchase of a new Vehicle, the Period of Validity will be proportionally reduced with the number of days elapsed from the activation of the guarantee of the new Vehicle to the day in which the Services are activated in accordance with the procedure described in Clause 6 of these General Terms.

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

8.6. SEAT will remind the Client the possibility to renew the contract or place new Service Orders when the Period of Validity is close to expire. The notification will be sent to the Client’s e-mail provided when creating his SEAT ID User Account. In the event the Client wishes to renew the contract or place a new Service Order, the Client will need to follow the instructions provided by SEAT 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.

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

9. Right of withdrawal

9.1. In accordance with the General Terms of SEAT CONNECT & CUPRA CONNECT services and of other additional or subsequent services that may also be contracted through SEAT/CUPRA CONNECT App, Navigation System and My CUPRA App when the Client is a consumer, the Client is entitled to withdraw from the 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 of the execution of the contract.

9.3. To exercise the right of withdrawal, the Client shall notify SEAT/CUPRA with an unequivocal statement, for example, by sending an e-mail to the following e-mail address: seatdigitalsupport@seat.es (SEAT Clients) or cupradigitalsupport@cupraofficial.com (CUPRA Clients). Other options may also be available for the exercise of the right.

9.4. The Client may use the withdrawal form attached as Annex I although its use is not obligatory.

9.5. In order to meet the deadline for expiration of the withdrawal right, the notification of the Client sent before the expiration of such term will suffice.

9.6. In the event of withdrawal of 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 reimburse will be carried out using the same means of payment used by the Client for the initial transaction, unless the Client had expressly requested otherwise to SEAT/CUPRA by sending an e-mail to: seatdigitalsupport@seat.es (SEAT Clients) or cupradigitalsupport@cupraofficial.com (CUPRA Clients). In this case, the Client will need to provide the necessary documentation to evidence that he is the owner of the alternative mean of payment. In any case, the Client will not incur in any expense related to such reimbursement.

9.7. To the extent that the Services will begin to be rendered during the withdrawal period, if the Client exercises the right of withdrawal, the Client shall pay an amount proportional to the Services already rendered in the moment the withdrawal was notified, in relation to whole period of the contract.

10. Termination and assignment of the contract

10.1. The contract will be terminated:

a) When the Client does not renew the Services and/or places a new Service Order upon the expiration of the initial Period of Validity, in the terms set out in Clause 8;

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

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

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 about the relevant breach, and the willingness of the non-breaching party to terminate the contract if the breaching party does not cure the breach within the next ten (10) days from the receipt of the notification. Upon expiration of such term without cure, the non-breaching party will be entitled to terminate the contract 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 the receipt of the notification for the non-breaching party requesting termination and indicating the reasons for such request.

e) In the event 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 SEAT, if there are no alternative connectivity solutions with the applicable technology.

f) Should the Client be unable to comply with the provisions under Clause 20, SEAT may terminate the User Agreement with immediate effect and any other related agreements that exist between SEAT and the Client and block his future access to SEAT 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 the access to the Services will be cancelled.

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, SEAT 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 authorizes SEAT to proceed with such assignment. In any event, SEAT will inform the Client of the assignment as soon as feasible.

10.4. At the Client’s request, SEAT 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-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 of the contracted Services. The use will be limited to those countries where the Services can be used (as indicated in the Applications).

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 for profit. The Client is also not authorised to alter, copy, modify, decompile, disassemble or perform any reverse engineering on the Services and/or the Channels, their parts or contents and source codes. Furthermore, the Client shall not, under any 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 SEAT, its licensors and/or third parties. In this sense, when the Client hires the Services he only acquires the rights strictly necessary to use the Services in the terms established in these General Terms.

11.4. The Client in not permitted to use the Services, the Application and the Navigation/Radio System and their component parts violating 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 and the Navigation/Radio System or their component parts. In particular, the Client undertakes not to distribute, reproduce, publically 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 that may harm the validity of any of the above.

12. Data protection

12.1. SEAT will protect the personal data provided by the Client. Such data will be exclusively used when its use is legally permitted and the Client has expressly agreed to such use. The Client can find more information about this matter as regards the Services in the Privacy Policy document, available in the Application.

13. Client’s responsibility

13.1. The Client shall confirm that he fulfils the pre-requisites to contract and use the Services, in accordance with the provisions of these General Terms and, in particular, in Clause 2.

13.2. Additionally, the Client shall be responsible for making use of the Services without contravening these General Terms, the particular conditions which may be applicable and any other terms of use or 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.

13.3. 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 agreements that are applicable 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 prior consent of the Vehicle owner to perform the software update.

13.4. In the event an authorised third party used 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, he does not violate third party rights. It must be noted that the Client obtains information about the Vehicle and, thus (indirectly), about such third party (such as the user’s behaviour, location, etc.). The warning messages as regards the Vehicle and or messages for failures that will remain in the Vehicle are shown in the Application, in the section that provides information about the status of the Vehicle.

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

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

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

14. SEAT liability

14.1. SEAT will not be liable for any damage caused by the use of the Services by the Client, the Application and/or the Navigation/Radio System of the Vehicle contravening these General Terms or for an inadequate use. The foregoing applies especially if the driver of the Vehicle gets distracted while driving due to the use of the Services or the Application and, as a result, there is an accident.

14.2. In particular, due to the digital nature of the information provided by SEAT in the framework of the provision of the Services and the possibility of errors both in the storage and the transmission of such information through internet, SEAT does not guarantee the updating, accurateness, truthfulness, correctness and 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 will not be liable for the updating, accurateness, truthfulness, correctness and quality of the data and the information provided through the Services, nor for the data and information provided by third parties.

14.3. As regards the information, data, images and other contents provided by third parties in the framework of the provision of the Services, the Client acknowledges that SEAT does not review nor modifies the content of such data, as well as any other content and information.

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

14.5. SEAT will not be liable for any damage caused by the choice by the Client of an inadequate password to login to the SEAT ID User Account or an inadequate protection of the password. SEAT will neither be liable for the damages caused by third parties to whom the Client has granted access to the Services.

15. Warranty

15.1. Without prejudice to clauses 13 and 14 above and the Client’s right of withdrawal, provided the Services have been installed properly, and for the duration of the relevant contract, SEAT 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 offer; and provided the Client has not expressly accepted that any specific feature of the Services deviates 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 as stipulated by the contract.

15.2. SEAT 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 SEAT in a reasonable period, provided SEAT has duly informed the Client about such updates and the instructions provided in this regard are accurate.

15.3. In the event of a lack of conformity of the Services, the Client is entitled to have Services brought into conformity, e.g. via updates, restoration of the continuous supply or elimination of the restricted performance (speed). If (i) SEAT refuses or fails to ensure conformity within a reasonable period of time and without significant inconvenience for the Client, or (ii) where the lack of conformity is of such a serious nature that it is unreasonable for the Client to apply for rectification first, the Client is 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 did not comply and (b) unless the lack of compliance is only minor, terminate the contract in accordance with Section 3.7. A discount 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 provided had they been compliant.

15.4. In contrast to the regulations in Section 15.1 above, SEAT 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.

15.5. In order to assert the Client’s rights under Section 15, the Client must contact SEAT’s Customer Care department.

16. Co-users

16.1. The Client can authorise a reasonable number of individuals (for example, family members, friends, colleagues) to use the Services in the Client’s Vehicle (the “Co-user” or “Co-users”).

16.2. The general rule, in order to use the Services for the Client’s Vehicle, is that the Co-user must have a SEAT ID User Account or create such account in the terms established herein, activate the Services specifically linked to his SEAT ID User Account as regards the use of the Vehicle, and to accept these General Terms, the particular conditions and any other terms of use or privacy policies which may be applicable.

16.3. The Services cannot be used simultaneously and certain Services cannot be used by any other person than the Client, even with a SEAT ID User Account. Not all Services require a SEAT ID User Account to be used by any other drivers or passengers than the Client. Please find more information on this matter in the Application or the Navigation/Radio System. In such cases, the Client will be responsible to inform such individuals about the terms applicable to the Services and the correct use of such Services.

16.4. The use of the Services will not imply any additional cost for the Co-users who had not originally contracted the Services.

16.5. The scope and, in general, the pacific and uninterrupted use of the Services by the Co-users will depend on the use available for the Client, and the features and contents acquired by the latter. SEAT will not be committed to inform the Co-user of any modification in the Services. SEAT will only be obliged to inform the Co-users about any modification in these General Terms if such changes affect the Co-users.

16.6. The Client and any occasional Co-user can terminate at any time the right of the Co-user cancelling the relevant user accounts. Otherwise, the access of the Co-user to the Services will end upon expiration of the Period of Validity of the Services contracted by the Client from time to time or in case of termination of the contract in the terms set forth in these General Terms.

16.7. The co-user of the Vehicle can be a Primary User (Primary User), Secondary User (Secondary 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. Secondary User: the person that is logged into the Vehicle and connected to Services with their SEAT ID, who is approved as a Secondary User of the Vehicle by the Primary User. The Secondary User does not have access to Services that are exclusively provided to the Primary User. The Primary User can remove the Secondary User at any time via Application. The Secondary User can also cancel their role as a Secondary User themselves. The role as Secondary User 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). Several Secondary Users can be assigned to the Vehicle simultaneously. The Secondary User must accept these General Terms when they first log in to a Vehicle connected to SEAT CONNECT. The Secondary User shall not be subject to any rights and obligations that are only assigned to the Primary User under these General Terms.

C. Guest User: the person that is logged into the Vehicle and connected to SEAT CONNECT with their SEAT ID. The Guest User does not have access to Services that are exclusively provided to the Primary User or the Secondary 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 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 into a Vehicle connected to SEAT CONNECT. The Guest User shall not be subject to any rights and obligations that are only assigned to the Primary User or the Secondary User.

These conditions do not apply to users who are not Primary Users, Secondary Users or Guest Users, and who are using Services without having connected SEAT CONNECT to their SEAT ID (Anonymous Guest).

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

17. Permanent transfer of the Vehicle

17.1. The Services contract will always be linked to the Vehicle and, therefore, the Client will not be entitled to transfer the Services to any other vehicle. In the event of sale or any other permanent transfer of the Vehicle to any third party purchaser (the “Purchaser”), the Client shall:

  1. Transfer the Services contract to the Purchaser;

  2. Delete all the personal data stored in the Vehicle; and

  3. Remove the Vehicle from SEAT ID User Account in the Application.

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

17.2. The Purchaser may use the Services after creating a SEAT 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 Services 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 SEAT to the transfer of the contract.

18. Jurisdiction and applicable law

18.1. Section ‎18 only applies to consumers whose domicile or place of ordinary residence is in a member state of the European Union and it does not affect the statutory regulations regarding alternative consumer dispute resolution that may exist in countries outside the European Union.

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

18.3. 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.

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

18.5. Notwithstanding the above, SEAT does not undertake nor is committed to take part in online dispute resolution procedure before the consumer arbitration body.

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 were not essentially affected. For these purposes, essential means any situation that causes serious damage to the interests of any of the parties, or in relation to the purpose of these General Terms. Such clauses affected shall be superseded or integrated with other clauses which, being compliant with the law, have the same purpose of the substituted clauses.

20. Export Control

20.1. When using the SEAT 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. 2022. Total or partial reproduction is prohibited. All rights reserved.

Schedule I

Form – Right of withdrawal

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

NOTIFICATION OF RIGHT OF WITHDRAWAL

For the attention of:

SEAT, S.A.U. Customer Services.

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

E-mail (SEAT): seatdigitalsupport@seat.es

E-mail (CUPRA): cupradigitalsupport@cupraofficial.com

Dear Sirs.:

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

Pack/s of Services to be cancelled (please mark with “X”):

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

Information on data protection

All data collected in this form will be processed by SEAT, S.A.U. as the data controller to manage your withdrawal being the legal basis the performance of the CONNECT contract. Your data will not be disclosed to third parties except for compliance with legal obligations. Your data will be stored for as long as they are necessary for the fulfilment of your request and will be blocked during the period in which legal obligations may arise. You can exercise your rights by sending an e-mail to seatdigitalsupport@seat.es or cupradigitalsupport@cupraofficial.com, depending on your vehicle’s brand, as well as you can contact to our data protection office via dataprotection@seat.es. You can lodge a complaint with the relevant data protection authority.