GENERAL TERMS AND CONDITIONS FOR SEAT CONNECT / CUPRA CONNECT MOBILE ONLINE SERVICES

1. Scope

1.1. These General Terms and Conditions for SEAT CONNECT / CUPRA CONNECT Mobile Online Services (the “General Terms and Conditions”) establish the rights and obligations 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 VAT Identification number (N.I.F.) A-28049161 and with contact e-mail address customercare@seat.es (“SEAT”) and the owner or authorised user of the vehicle (the “Client”) having concluded an agreement regarding the use of SEAT CONNECT / CUPRA CONNECT Mobile Online Services as described in the Applications (the “Services”).

1.2. These General Terms and Conditions 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. Should the Services include services from another company provided under brand or name of this company, SEAT only offers access to such services from third party providers via the Services. In that case, these General Terms and Conditions shall only apply to the provision of this access. However, the use of third party services may also be subject to the terms and conditions agreed with such third parties, in particular in relation to the processing of personal data.

1.4. The Client accepts 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 as set out in Clause 6.

1.5. SEAT shall be entitled to modify these General Terms and Conditions for any valid or justified reason. Changes in these General Terms and Conditions 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 shall ensure that the General Terms and Conditions will always be accessible to the Client. The Client can find the latest version of all legal documents applicable to the Services at:

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

SEAT ID

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

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

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

1.7. The General Terms and Conditions are available in Spanish as well as in the languages specified in the Applications.

1.8. The Client needs to be of legal age in order to purchase the Services.

2. Pre-requisites

2.1. In order to purchase and/or use the Services, the Client needs to satisfy the following pre-requisites:

(i) Be in possession of a SEAT or CUPRA vehicle suitable for the Services (the “Vehicle”). The Client can find information about suitable vehicles, also called 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 for this purpose) a SEAT ID user account and log in with the user name and the password of the Client (Clause 5);

(iv) To have purchased and activated the Services after having placed a service order (the “Service Order”) (Clause 6).

(v) The Client is considered as the Primary User of the Vehicle. More information about the different functions and users is available on 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 this service without a SEAT ID user account, order or activation.

3. Services and availability

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

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

Not all compatible Vehicles have a Navigation System. Certain compatible Vehicles are equipped with a Radio with which the Services can be received in another way. The Client can find more information about possible limitations of the equipment of the Client’s Vehicle in the Applications.

3.3. Not all Services can be used via the Channels mentioned above. Some Services can be used via all Channels, others via two or only one Channel. The Client can find more information about the compatibility of the Services with the Channels in the App or the Navigation System/the Radio.

3.4. Each Client can purchase all or part of the Services, depending on the Service Order placed during the purchasing process (Clause 6). Certain Services may be offered free of charge (e.g. during a free trial period) if the Client acquires a new Vehicle. Each Service Order placed by the Client shall be linked to the Vehicle indicated by the Client during the activation process (Clause 6). This means that the Services cannot be transferred to any other vehicle other than the Vehicle for which the Services were purchased.

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 accept any liability for Services not available for reasons which 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, that the electrical system works and that the battery is adequately charged. The Service may not function if you attempt to modify or add any equipment or software on or to the Vehicle that is not expressly authorised by SEAT or is not compatible with the Service. The Client is solely responsible for the proper maintenance of the Client´s Vehicle or different Channels and its systems.

3.7. Due to the developments of information technologies and the technical progress of the automotive industry, the Services may be from time to time be adapted and improved by means of updates. For such purposes, SEAT reserves the right to modify the features of the Services, at no additional cost to the Client during the Term of the purchased Services. SEAT shall inform the Client in good time, on a durable carrier, of the nature and scope of such modifications.

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

However, the right to terminate this agreement for the purposes stated above shall not apply if SEAT has offered the Client the possibility, without additional cost, to maintain the Services without the modification and these remain in conformity.

3.8. SEAT shall make every reasonable effort to ensure that the Services are permanently available and shall take all necessary measures immediately in the event of faults.

3.9. Nevertheless, in the event of force majeure (for example, armed conflict, natural disasters or labour conflicts) or of necessary maintenance, repair or any other measures required to the SEAT technical devices or the devices of third parties which provide data, content, information or transmission capacity, the Services may be interrupted or hindered (speed). Furthermore, intensive, simultaneous use of the Services may impair the performance.

3.10. In addition, SEAT shall take appropriate measures to update the Services in order to prevent cyber-attacks that form a danger to the safety of vehicles, traffic, life, health, the right to information (privacy), the ownership, the possessions of the Client, the owner or holder of the vehicle or for any third party or for SEAT itself. Such measures may result in restrictions in the Services and/or in the data connections. Depending on the severity of the threats and/or the importance of the threatened actions, such measures can also lead to a temporary blockage of some or all of the Services as well as an interruption of the data connection.

3.11. In order 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 the complete availability of the Services may also require other actions from the Client (for example, changing the SEAT ID password). SEAT shall not be responsible for any lack of conformity of the Services if the Client fails to install these updates in accordance with SEAT’s instructions within a reasonable period.

3.12. On its side, Client grants SEAT a non-exclusive, unlimited, full, transferable, free and sublicensable right of use of all data derived from their use of the Services, especially technical data, which do not refer to persons and where personal references have been removed (anonymised data).

3.13. In the event of technical issues or other problems related to the Services, the Client can contact SEAT’s Customer Care department. The contact details can be found in the Applications.

4. Data connection

4.1. In order to be able to use the Services, the following data connections are required:

A data connection between the Client’s device (e.g. smartphone, tablet, computer, etc.) (the “Client’s Device”) and the data server. This connection is required for the packages with the names “Remote Access” and “Media & Internet”.

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

4.2.1. In order to be able to use the Services, a data connection between the Vehicle and the SEAT data server is required.

4.2.2. By purchasing the Services, the Client has agreed to the use of the Client’s data connection for certain Services. In order to use Services that require a high data capacity connection, the Client may need to purchase an additional data package from a third party at his own expense. Further information about the data connection required for the purchased Services can be found in the Applications. Here there is also information about the purchase of 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 depends on a range of factors on which SEAT not always has an influence. For example, the adequate receipt of the signal at the location of the Vehicle or the inadequacy or absence of the coverage in tunnels, garages and underground subways. Other factors are meteorological conditions, devices causing interferences, buildings, and the intensive use of the mobile network).

4.2.6. SEAT has no obligation to maintain or support any data connection between the Vehicle and the SEAT data server if the specific network technology upon which the connectivity of the Vehicle relies is discontinued (“Technological Cessation”).

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 via the Application is not part of the Services provided by SEAT. Therefore, the general terms and conditions agreed between the telecommunication services provider and the Client shall apply. This can mean that additional costs are incurred, particularly connection and roaming costs. These costs are outside the sphere of influence and liability 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”) This can be created in the Application or the Navigation System/ the Radio of the Client’s Vehicle. The terms of use and the privacy policy applicable to the SEAT ID User Account can be viewed via the following link: https://seatid.vwgroup.io/terms-and-conditions.

5.2. The Client must log into the Application or the Navigation System/the Radio of the Client’s Vehicle (depending on the Vehicle model) using his user name and password in order, for example, to purchase and activate the Services or to check and manage at any time the status of the purchased Services, with the exception of 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 should change it immediately or, in the event that the Client is unable to login to the SEAT ID User Account, he should notify SEAT immediately. Via the ID Portal, it is possible for the Client to recover his 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 consult the FAQ section via the Applications.

5.4. Some Services require the entry of a personal identification number (S-PIN) in order to gain access. The Client can find further information about this in the Applications. The client must keep this security PIN secure. If the security PIN is disclosed to third parties, the Client shall change the security PIN immediately.

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

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

6. Purchase and activation of the Services

6.1. The Client can purchase the Services (by placing a new Service Order or by renewing one) and activate them by logging into the Application or the Navigation System/the Radio (depending on Vehicle model) with his login details of his SEAT ID User Account. Upon activation of the Services, the Vehicle connects with the Client’s SEAT ID User Account and the Client will be able to start using the purchased Services.

6.2. If the Client places a new Service Order or renews after the expiry of the initial one, 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.

6.3. As an exception to the above, in order to activate the Services “Remote Lock & Unlock” and “Digital Key”, a double verification process performed by the dealer is required.

6.4. Depending on the model and equipment of the Client’s Vehicle, the Client can purchase and activate the Services in various ways. The Client can find more information and advice about the process of activation in the Application itself or he can contact the dealer concerned.

6.5. Depending on the method used to purchase the Services, the Client must go through the following steps:

6.6. Purchase and activation of the Services via the Application (“Activation outside the vehicle”)

(i) The Client must have a smartphone, tablet, computer and/or any other electronic device with a data connection and a SEAT or CUPRA Vehicle compatible for 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 enter the Vehicle Identification number (VIN). The Client can find the VIN in the lower corner of the windscreen or in the vehicle documents;

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

When the Client clicks the box to continue with the purchase of the Services, the Client accepts these General Terms and Conditions, 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 note down or memorize the connection code which is displayed (the “Connection Code”) and enter it in the Navigation System/the Radio of the Vehicle in order to establish the connection.

(vi) SEAT sends an e-mail to the e-mail address provided by the Client when creating his SEAT ID User Account. This e-mail contains the following information:

a) Confirmation by SEAT of the Service 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 receipt of the Order Confirmation will be considered as the date of conclusion of the agreement.

6.7. Purchase and activation via the Navigation System/the Radio of the Vehicle (“Activation in the Vehicle”):

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

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

(iii) The Client places the Service Order in question and accepts the terms that apply.

When the Client clicks the box to continue with the purchase of the Services, the Client accepts these General Terms and Conditions 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.

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

(v) The Client needs to wait until the message confirming the activation of the Services is displayed on the screen of the Navigation System/the Radio of the Vehicle.

(vii) SEAT sends an e-mail to the e-mail address provided by the Client when creating his SEAT ID User Account. This e-mail contains the following information:

a) Confirmation by SEAT of the Service Order (“Order Confirmation”).

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

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

The date of receipt of the Order Confirmation will be considered as the date of conclusion of the agreement.

If the Client acts in the capacity of a consumer, (consumidor), he is entitled to withdraw from the agreement within fourteen (14) days from the day on which the agreement was concluded following the procedure set out in this Clause. The steps to be taken by the Client in order to exercise this right of withdrawal are set out in Clause 10 of these General Terms and Conditions (the “Right of Withdrawal”). Together with the Order Confirmation, the Client receives the official Right of Withdrawal form. If the Services are provided to the Client free of charge (e.g. during a free trial period), the exercise of the Right of Withdrawal will not result in any refund.

7. Economic conditions – Payment method

7.1. The prices of the Services are dependant on the economic conditions prevailing at the time the Services are purchased or renewed by the Client. The current list of prices and applicable taxes can be found in the Application.

7.2. Furthermore, the Client gets information about the applicable prices to the Services during the purchase and activation process and with the placement of the Service Orders. The Order Confirmation send to the Client after such a process includes the invoice with the applicable prices and taxes (Clause 6).

7.3. Sometimes Services may be offered by SEAT to the Client free of charge (e.g. during a free trial period) when the Client purchases a new Vehicle compatible for the Services.

If the Services are extended or new Service Orders are placed, the Client must pay the applicable price. Before the expiry of the Services, SEAT will inform the Client by e-mail of the possibility of extending the current Services or placing a new Service Order.

7.4. In the event that 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 the right to terminate the Client’s access to the Services upon expiration of its Period of Validity of the Services. The Client has the right to enter into a new agreement regarding the use of the Services at any time after the expiry of the Services.

7.5. The Client pays the price for the Services, for the renewal of the Services and/or placement of new Service Orders via his SEAT ID User Account which directs the Client to a payment platform/gateway operated by or via Volkswagen Payments 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 it operates under the supervision of the Luxembourg financial authority (Commission de Surveillance du Secteur Financier, CSSF). The payment process may be subject to the terms and conditions and/or privacy policy regarding end-user payments agreed between the Client and EMI. If this is the case, the Client will be duly informed so that it can give its 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 and update such 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 lead to interruption and/or cancellation of the purchasing process.

8. Period of Validity

8.1. The period of validity of the agreement is established at the moment when a Service Order is placed (“Period of Validity”). In general (but not always), the agreement is entered into for a Period of Validity of one year.

8.2. The Period of Validity commences on the date of the activation of the warranty on the Client’s Vehicle. For renewals and/or placements of new Service Orders (and provided that payment is received by SEAT before the expiration date of the initial Services entered into), the date on which the Period of Validity expires or a new Service Order is placed applies as the commencement date. If the payment for the renewals and/or placement of new Service Order is received by SEAT after expiration of the Period of Validity of the agreement for the Services, the date when payment is confirmed by SEAT will be the commencement date of the Period of Validity of the new agreement.

8.3. By accepting these General Terms and Conditions, the Client expressly agrees to the commencement of the provision of the Services within the period within which the Client may exercise his right of withdrawal as set out in Clause 9.

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

8.5. The Period of Validity for the purchased 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 of the possibility to renew the agreement or place a new Service Order when the Period of Validity is close to expiring. The notification will be sent to the e-mail provided by the client when creating his SEAT ID User Account. In the event that the Client wishes to renew the agreement or place a new Service Order, the Client will need to follow the instructions provided by SEAT and start a new purchase and activation process (as the case may be) to be started in the Application and/or through the Navigation System/the Radio of the Vehicle (as applicable) in accordance with these General Terms and Conditions.

8.7. If the Client does not renew or place a new Service Order upon expiration of the Period of Validity, the agreement 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: customercare@seat.es (SEAT Clients) or customercare@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: customercare@seat.es (SEAT Clients) or customercare@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 transfer of the agreement

10.1. The contract will be terminated in the following cases:

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

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

c) In the event of a lack of conformity in accordance with Clause ‎15.

d) At the request of the non-breaching party, when the other party has failed to comply with the legal or contractual obligations. In this case, if compliance is still possible, the non-breaching party will notify the other party in writing about the breach and that the agreement is terminated unless the breaching party does not meet its obligations within the next ten (10) days as from the receipt of the notification. If the party in breach has still not met its obligations after this period has expired, the non-breaching party is shall be entitled to terminate the agreement by notifying the other party in writing to this effect. The non-breaching party shall also be entitled to damages. The non-defaulting party shall also be entitled to damages. In the event that the legal and contractual obligations can no longer be complied with, the agreement shall be terminated by means of a letter from the non-breaching party requesting termination of the agreement and stating the reasons.

e) In the event of a Technological Cessation, as described in Clause 4.2.6, the Client will be able to terminate the Services affected by the Technological Cessation by written notice to SEAT, if there are no alternative connectivity solutions with the applicable technology.

f) If the Client is unable to comply with the provisions under Clause 20, SEAT may terminate the User Agreement and any other related existing agreements between SEAT and the Client with immediate effect and block his future access to SEAT ID and any Connected Services or connected products, software and technologies.

10.2. In the event that the agreement was terminated for any of the reasons set out above, the particular conditions that apply to the Services purchased by the Client at any time will also be terminated and the access to the Services ended.

10.3. None of the parties can transfer 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 agreement (without making any modification to the contractual conditions) to any other company within the SEAT Group. In this case, SEAT does not need the consent of the Client to transfer the agreement. SEAT will inform the Client of the transfer as soon as possible.

10.4. At the Client’s request, SEAT will make available to the Client any content which is different from the personal data that the Client has provided or created when using the Services. Such data will be provided free of charge, within a reasonable period of time and in a commonly used 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 System/the Radio during the Period of Validity of the purchased Services. The use is restricted 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 not authorised to alter, copy, modify, decompile, disassemble or perform any reverse engineering with regard to the Services and the Channels, their components or contents and source codes. Furthermore, the Client is not permitted to remove, alter, evade or manipulate any protection device or security system built into the Channels.

11.3. The Client acknowledges that the intellectual and industrial property rights and any other rights regarding the Services (including their contents, texts, data, databases, images, photos, graphics, voices, videos, names, trademarks, distinguishing signs, designs, software, interfaces, etc.), the Application, and the Navigation System/ the Radio, as well as their component parts belong to 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 and Conditions.

11.4. The Client in not permitted to use the Services, the Application and the Navigation System/the Radio System and their component parts in a way that contravenes these General Terms and Conditions and/or any other applicable terms of use, third parties’ rights and/or applicable legislation. In the event of any unauthorised use of the Services, the Application and the Navigation System/ the Radio or their components, the Client must stop this immediately. The Client shall not attempt to distribute, reproduce, disclose and/or modify the Services, the Application, the Navigation System/ the Radio or their components, in whole or in part, for any purpose whatsoever, and shall refrain from any action contrary to the above provisions.

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 in the document Privacy Policy regarding the Services, available in the Application.

13. Responsibilities of the Client

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

13.2. Additionally, the Client shall be responsible for making use of the Services in accordance with these General Terms and Conditions, the particular conditions which may be applicable and any other terms of use or privacy policy of the Application and the Navigation System/the Radio, as well as the legislation in force and the rights of third-parties.

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 about the permission to perform the software update in the agreements which are applicable between the Client and the owner with regard to the Vehicle (e.g. from the lease agreement or – for 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 performing the software update.

13.4. In the event of an authorised third party use of the Vehicle, for example by 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 a 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 user’s behaviour, the location, etc.). The warning and fault messages regarding the Vehicle are shown in the Application, in the section that provides information about the status of the Vehicle.

13.5. The Client acknowledges the intellectual and industrial property rights any other rights of SEAT or of any other third party regarding the Services, the Application and the Navigation System/the Radio of the Vehicle as set out 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 and the Client shall indemnify SEAT for any damage resulting from such unauthorised use.

13.7. If the Client is also the driver of the Vehicle, the Services can be used by the Client if he complies with all applicable laws regarding Traffic and Road Safety.

14. Liability of SEAT

14.1. SEAT is not liable for any damage caused by the use of the Services by the Client, the Application, and/or the Navigation System/the Radio of the Vehicle that conflict in any way with these General Terms and Conditions or are the result of incorrect use. The above 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, is involved in an accident.

14.2. In particular, given the digital nature of the information provided by SEAT in the context of the provision of the Services and the errors that can arise in the storage and transmission of such information via internet, SEAT does not guarantee the updating, accuracy, truthfulness, correctness and quality of the information sent or made available to the Client via the Services. Unless expressly provided otherwise by law, SEAT is not liable for the updating, accuracy, truth, correctness and quality of the data and information made available through the Services, nor for the data and information made available through third parties.

14.3. As regards the information, data, images and other content provided by third parties in the context of the provision of the Services, the Client acknowledges that SEAT does not review or modify the content of such data, as well as any other content and information.

14.4. SEAT is not liable for damage to the Services arising from problems with the data connection provided by third parties. In this sense, SEAT is not liable of any Technological Cessation, as described in Clause 4.2.6. However, after becoming aware of the impending Technological Cessation SEAT will notify the Client in writing of the prospective date after which the technology will no longer be available.

14.5. SEAT is not liable for any damage caused by the Client using an incorrect password when logging on to the SEAT ID user account or by insufficiently protecting the password. SEAT can also not be held liable for damage caused by third parties to whom the Client has granted access to the Services.

15. Warranty

15.1. Without prejudice to the provisions of clauses 13 and 14 above and the Client’s Right of withdrawal, provided that the Services have been correctly installed and for the duration of the agreement concerned, SEAT is liable vis-à-vis to the Client in the event that the Services (i) do not conform to the description and qualities made available to the Client prior to the conclusion of the agreement in these General Terms and Conditions and the particular conditions stated in the Application, which should be at of the same quality and features as for comparable services; and provided that the Client has not expressly accepted that any specific feature of the Services deviates from such conformity; (ii) are not suitable for the ordinary uses for which they are intended (including those uses for which similar services are provided, taking into account the existing technical norms); (iii) are not provided with adequate instructions (and which the Client may reasonable expect to receive); and (iv) are not provided with relevant updates where the agreement has indicated so.

15.2. SEAT shall provide all necessary updates, including security updates, to maintain the conformity of the Services during the period of applicability 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 within a reasonable period, provided SEAT has duly informed the Client about such updates and that the instructions provided in this regard are correct.

15.3. In the event of a lack of conformity of the Services, the Client is entitled to have Services brought into conformity, for example, via update, recovery of the continuous supply or elimination of restricted performance (speed). If (i) SEAT refuses or fails to achieve conformity within a reasonable period of time and without significant inconvenience for the Client (ii) if the lack of conformity is of such serious nature that it is unreasonable for the Client to apply first for rectification, then 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 was not in conformity and (b) unless the lack of conformity is only minor, to terminate the agreement in accordance with Clause 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 should have provided if they were in conformity.

15.4. In deviation from the regulations in Section 15.1 above, SEAT shall not be liable for the lack of conformity which is exclusively the result of 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 or shortcomings in the installation instructions provided by SEAT.

15.5. To assert Client’s rights under this Clause 15, the Client can 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. In order to be able to use the Services in the Client’s Vehicle, the Co-user must have a SEAT ID User Account or create such an account, to activate the Services specifically linked to his SEAT ID User Account and to accept these General Terms and Conditions, 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 person other than the Client, even with a SEAT ID User Account. Not all Services require a SEAT ID User Account to be used by persons other than the Client. More information about this can be found in the Application or the Navigation System/ the Radio. In such cases, the Client needs to inform such individuals about the conditions applicable to the Services and the correct use of the Services.

16.4. The use of the Services does not entail any additional costs for the Co-users who had did not originally purchase the Services.

16.5. The Services that may be used by the Co-users depend on the Services available to the Client and the functions and content purchased by the Client. SEAT is not obliged to inform the Co-user of any modifications to the Services. SEAT is only obliged to inform the Co-users about any modifications in these General Terms and Conditions if such changes affect the Co-users.

16.6. The Client and any incidental Co-user can at any time terminate the right of the Co-user by cancelling the user account in question.. Otherwise, the access of the Co-user to the Services terminates upon expiration of the Period of Validity of the Services purchased by the Client or at the moment the agreement is terminated for other reasons as set out in these General Terms and Conditions.

16.7. The Co-user of the Vehicle can be a Primary user, Secondary User or a Guest User.

Each user has the following roles:

A. Primary User: is the one who orders Services and connects the Vehicle to the Services in accordance with these General Terms and Conditions. The Primary User has access to the entire available scope of Services. The Primary User is the owner, keeper or another person who predominantly uses the Vehicle (e.g. lessees, company car users, etc.).

B. Secondary User: is the one who is logged in with his SEAT ID and is approved as Secondary User of the Vehicle by the Primary User. The Secondary User does not have access to Services that are exclusively provided for the Primary User. The Primary User can remove the Secondary User at any time via the Application. The Secondary User can also cancel his role as Secondary User himself. The role as Secondary User is intended for a person who uses the Vehicle regularly over a longer period of time (e.g. family member, life partner or friend of the Primary User). Multiple Secondary Users can be assigned to Vehicle simultaneously. The Secondary User has to accept these General Terms and Conditions with their first login to a Vehicle that is connected to SEAT CONNECT. Secondary Users are not subject to the rights and obligations which are assigned only to Primary User under these General Terms and Conditions.

C. The Guest User is the one who is logged in with his SEAT ID on the Vehicle connected to SEAT CONNECT. The Guest User does not have access to Services that are exclusively supplied to the Primary User or the Secondary User. Any Vehicle user (including Anonymous Guest) can remove the Guest User from the Vehicle at any time via the Navigation System. The Primary User can remove the Guest User at any time via the Application. The role of Guest 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 Primary User), occasionally or as a one-off. The Guest User has to accept the current General Terms and Conditions with his first login to a Vehicle connected to SEAT CONNECT. The Guest User is not subject to the rights and obligations which are assigned only to the Primary User or Secondary User.

These conditions do not apply to a user who is not a Primary User, Secondary User or Guest User and who is using Services without having connected to the SEAT CONNECT on his SEAT ID (Anonymous Guest).

The available user roles may vary in particular depending on the model, year of manufacture and equipment of the Vehicle and the software version of the Services in the Vehicle. Further information is available on 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 agreement for the use of the Services is linked to the Vehicle. This means that the Client cannot transfer the Services to another vehicle. In the event of sale or any other permanent transfer of the Vehicle to a third party purchaser (the “Purchaser”), the Client shall:

  1. Transfer the Services agreement to the Purchaser;

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

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

In the event of loss or destruction of Vehicle, the Client shall no have the right to claim reimbursement of the price paid for Service from SEAT.

17.2. The Purchaser may use the Services after creating a SEAT ID User Account, purchase new Services, and activate them in line with the provisions in these General Terms and Conditions.

17.3. For the transfer of the agreement for the use of the Services to the Purchaser requires the approval of SEAT which will not be unreasonably withheld. The Order Confirmation for the Services, as established shall serve as proof of acceptance by SEAT to the transfer of the agreement.

18. Competent court and applicable law

18.1. This Clause ‎18 only applies to consumers having their domicile or habitually resident 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.

18.2. These General Terms and Conditions are governed by Spanish common law (‘legislación española común’). If the Client acts in the capacity of a consumer, the laws of the state in which the consumer has his domicile or normal place of residence when the contract was concluded shall apply.

18.3. Any dispute relating to these conditions of use shall be submitted to the competent courts of the city of Barcelona (Spain). Notwithstanding the foregoing, if the Client is acting in the capacity of a consumer, such disputes shall be submitted to the courts of the place of residence of the consumer.

18.4. If the Client is acting in the capacity of a consumer, he may also submit any dispute arising from or in connection with these General Terms and Conditions to the online dispute resolution (“OBG”) platform. The list of the OBG platforms of the European Commission of ADR at the link: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage.

18.5. Notwithstanding the foregoing, SEAT shall not be obliged to take part in such online dispute resolution.

19. Severability

19.1. If any term or provision of these General Terms and Conditions is found to be invalid, illegal or unenforceable, the remaining terms and provisions shall remain in full force and effect, provided that the rights and obligations of the parties arising from these General Terms and Conditions are not essentially affected. For these purposes, essential means any situation which serious prejudices the interests of any of the parties, or compromises the purpose of these General Terms and Conditions. Such conditions and provisions affected shall be superseded or integrated with other conditions and provisions which are in accordance with the law and which have the same purpose as the conditions and provisions replaced.

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 and 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 compliance is required by law – the Client is not prohibited from obtaining or using (the) digital services and related products, software or technologies.

© SEAT, S.A.U. 2022. Reproduction in whole or part is prohibited. All rights reserved.

Appendix I

Form – Right of withdrawal

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

NOTIFICATION OF RIGHT OF WITHDRAWAL

For the attention of:

SEAT, S.A. Customer Services.

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

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

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

Dear Sir, Madam,:

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

Services for Vehicle with chassis number (*):


Service order number


Services packages that must be cancelled (indicate with an “X”

Remote Service

Online inforainment

Other (specify):


Invoice number:


Commencement date (service order):


Full name of the consumer or user:


Address of the consumer or user:


Telephone number:


Signature of the user (only if notification is on paper):


Date:

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

Information on data protection

All data collected in this form will be processed by SEAT, S.A. 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 customercare@seat.es or customercare@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.