These General Terms (the "General Terms") of "My SEAT MÓ – Connected electric scooter owner’s app" (the "App" or "Application") establish the terms governing the relationship between CONNECTED MOBILITY VENTURES, S.A.U. (hereinafter, "SEAT MÓ"), a Spanish entity domiciled at Autovía A2 km 585 08760 Martorell, Barcelona, provided with N.I.F A67140582, duly registered in the Commercial Registry of Barcelona on sheet number B-513583, with contact email email@example.com, and the owner or authorized user of the SEAT MÓ 125 motorcycle (the "Customer" or the "User") (hereinafter, the "Services").
In addition, if the Services include services of another company provided under its own brand or name, SEAT MÓ only provides access to such services from third-party providers through the Services. In this case, these General Terms only apply to the intermediation of this access. However, for the use of third-party services, the conditions agreed with such third parties may also apply, especially in relation to the processing of personal data.
The Customer will accept these General Terms, as well as the particular conditions and any other conditions of use or privacy policies applicable during the contracting procedure set out in Section 6.
SEAT MÓ will be entitled to modify these General Terms for any valid or justified reason. Changes in these General Terms shall be notified to the Customer and shall be binding if the Customer expressly accepts them. If the Customer rejects the changes, such modifications will not take effect for the Customer, unless technical reasons make it impossible to continue the Services. The renewal of the services at the end of the Validity Period will be subject to the acceptance of the most recent version of the General Terms.
SEAT MÓ will store the General Terms, which will always be accessible to the Customer through the App.
To contract and/or use the Services, the Customer must comply with the following prerequisites and perform the following actions:
(i) The Customer must be of legal age to contract the Services.
(ii) Have a SEAT MÓ vehicle compatible with the Services (the "Vehicle"). The Customer must choose the option of “connected” vehicle when he/she purchases it. If the Customer has chosen the "not connected" vehicle option, he/she will not be able neither to contract nor to use the Services. The User can contact SEAT MÓ for further information (please, see section 17).
(iii) Have a smartphone compatible with the App and the Services, with a data connection (section 4);
(iv) Have (or create for this purpose) a User Account in the App and log in with the Customer's username and password (section 5);
(v) Have contracted the Services, as established in section 6.
The User must be the owner of the Vehicle or legitimate user (for example: lessee with express authorization granted by the Vehicle owner for contracting the Service).
The purpose of the App, and therefore of the Services, is to allow the connection between the Vehicle and the mobile device (i.e., smartphone) of the User in order to access information about the Vehicle and its use, such as the state of charge, location, covered distance, indicative information on maintenance of the Vehicle.
The availability of all or part of the Services may be affected by technological infrastructure restrictions, network incompatibilities or technical limitations existing in countries other than the country in which the Vehicle was first purchased by the Customer. SEAT MÓ 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 MÓ shall not be liable if such circumstances are out of its control.
In order to provide the Services, SEAT MÓ may expect User’s Vehicle to be in good working order, have the electrical system running and adequate battery power. The Service may not work if you attempt to modify or add any equipment or software on or to the Vehicle that is not expressly authorized by SEAT MÓ or that is not compatible with the Service. The Customer is solely responsible for the proper maintenance of the Vehicle and its systems.
Due to developments in information technology and technical progress in the automotive industry, the Services may occasionally adapt to new updates and improvements. For this purpose, SEAT MÓ reserves the right to modify the characteristics of the Services, without additional costs for the Customer during the validity of the contracted Services. SEAT MÓ shall inform the Customer, on a durable medium, of the type and extent of such modifications with reasonable notice.
When such modifications adversely affect the Customer (and provided that such negative effects are not of minor importance), the Customer shall be entitled to terminate this contract within thirty (30) calendar days from receipt of the notice informing about the modifications, or about the modification of the Services, if it occurs at a later time. Termination of the contract shall be regulated as set out in Section 10 below.
Nevertheless, the right to terminate this contract for the above purposes shall not apply if SEAT MÓ has given the Customer the possibility to maintain, without any additional cost, the Services without the modification and these remain in conformity.
SEAT MÓ will take reasonable actions within its capabilities to ensure the continued availability of the Services and will make every effort to address any failures as soon as possible.
However, in case of force majeure (for example, armed conflict, pandemics, adverse weather conditions or labor dispute measures, etc.) or due to the performance of maintenance, repair or any other type of actions required in the technical devices of SEAT MÓ or the devices of third parties that provide data, content, information or the transfer capacity of the Services, the Services may be interrupted or hindered (speed). Similarly, an increase in simultaneous use of the Services may impair those Services.
In addition, SEAT MÓ will take appropriate measures to update the Services, especially in order to prevent threats of cyberattacks against the safety of vehicles, traffic, life, health, the right to information (privacy), property, assets of the Customer, the owner or owner of the vehicle or against any third party or SEAT MÓ itself. Such measures may result in restrictions on the Services and/or data connections. Depending on the severity of the threats and/or the importance of the threatened assets, such measures may also involve the temporary blocking of some or all of the Services, as well as an interruption of the data connection.
To implement the above measures or to restore the full availability of the Services or the data connection, SEAT MÓ may provide the Customer with a free software update on the Vehicle, which will be installed by the Customer as soon as possible. Restoring the full availability of the Services may also require the participation of the Customer (e.g. changing the SEAT MÓ password). SEAT MÓ shall not be liable for any lack of conformity on the Services if the Customer has not installed such updates following seat MÓ's instructions after a reasonable period.
For its part, the Customer grants SEAT MÓ a non-exclusive, unlimited, unrestricted, complete, transferable, free and sublicensable right of all data derived from its use of the Services, especially technical data, which do not refer to persons or whose personal references have been deleted (anonymous data).
In case of technical problems or any other problem related to the Services, the Customer can consult the SEAT MÓ Customer Service department (see Section 17).
To be used by the Customer, the Services require the following data connections:
- Data connection between the Vehicle and the data server; and
- Data connection between the Customer's device (smartphone) (the "Customer Device") and the data server.
Data connection between the Vehicle and the data server:
A data connection between the Vehicle and the SEAT MÓ data server is required to use the Services.
The Services are configured to activate the data connection between the Vehicle and the data server when the Vehicle is located in the country where the Vehicle has been purchased, or another country authorized by SEAT MÓ for the use of such communication, as reported in the FAQs section of the website.
The countries within the Vehicle Use Area depend on the model, model year and equipment of the Vehicle. The Customer can find more information about the Area of Use of his Vehicle at the following link: [FAQs section].
The operation and performance of the data connection between the Vehicle and the data server depend on a number of causes, which may be beyond the control of SEAT MÓ. By way of illustration, and without limitation, the adequate reception of the signal at the location of the Vehicle, the failure, decrease or interruption of coverage in tunnels, garages and underground, as well as other adverse factors (weather conditions, devices that produce interference, buildings, intensive use of the corresponding cellular network).
SEAT MÓ has no obligation to maintain or support any data connection between the Vehicle and the SEAT MÓ data server if the specific network technology in the Vehicle's connectivity ("Technology Sunset") is interrupted.
Data connection between the Customer Device and the data server:
The data connection between the Customer's Device and the data server for the use of the Services through the Application is not part of the Services provided by SEAT MÓ. Therefore, the terms and conditions agreed with the Customer's telecommunications service provider shall apply. This may result in additional costs, especially in the case of connectivity and roaming charges. These costs are beyond the scope, control and responsibility of SEAT MÓ.
The Customer must log in to the Application with his username and password to activate the Services in the Vehicle, as well as to check and manage at all times the status of the contracted Services.
The Customer must keep the login details and, in particular, the password confidential. If the password is disclosed to third parties, the Customer shall amend the password immediately or, in the event that the Customer is unable to log in to the User Account, he/she shall notify SEAT MÓ immediately. The Customer may recover the user's password through the Application.
The Customer shall take all necessary actions to ensure that the User Account information is true and complete. Since SEAT MÓ and the Customer will be in contact by using email, the Customer must have a valid email address and have access to the relevant email account. Changes in the Customer’s email address or any other data of the Customer will be updated by the Customer as soon as possible through the corresponding section in the App or via the mail firstname.lastname@example.org.
The Customer can contract the Services and activate them by logging into the Application with their login details of their User Account.
For further information, the Customer can contact SEAT MÓ Customer Service.
The Customer shall perform the following steps to contract and activate the Services:
(i) The Customer must have a smartphone with a data connection and a SEAT MÓ Vehicle compatible with the Services;
(ii) If the Customer does not have a User Account, he must create it through the Application. If the Customer already has a User Account, he must log in to the Application using the Customer's login details of his User Account; if the free of charge period is expired the user must follow the steps indicated in the Application to contract a new connectivity pack.
(iii) The Customer must link the Vehicle to the Customer's Device, selecting the option intended for this purpose in the App and proceeding to the corresponding linking and verification process. The Customer shall link the Vehicle Identification Number (VIN) to the User Account through the Application. The Customer can find the VIN on a sticker under the seat and in the documentation of the Vehicle;
(iv) SEAT MÓ will send an email to the Customer's email address provided by the latter when creating his User Account. This email will contain at least the following information:
(a) Confirmation by SEAT MÓ of the Order for Services ("Order Confirmation").
(b) Confirmation by SEAT MÓ that the Services have been activated correctly and the Customer can start to use them.
(c) Duration of the contracted Services.
(d) These General Terms.
Unless otherwise stated in these General Terms, the date of receipt of the Order Confirmation shall be considered the date of the contract execution.
If the Customer is a consumer, he shall be entitled to terminate the contract within fourteen (14) days from the day on which the contract was executed following the procedure set out in this Section. The steps to be followed by the Customer to exercise the right of withdrawal are set out in Section 9 of these General Terms (the "Right of Withdrawal"). Together with the Order Confirmation, the Customer will receive the official form (optional) to exercise the Right of Withdrawal. If the Services are provided to the Customer free of charge (for example, within a free trial period), the exercise of the Right of Withdrawal will not entail any refund.
The period of validity of the contract will be established when the Order Confirmation is sent to the customer ("Validity Period" or "Validity").
For Services offered to Customer free of charge, the Validity Period will begin on the day of purchase of the Vehicle and will be subject to the availability of those specific Services (for the specific model of the vehicle, model year and equipment).
Unless otherwise set forth herein, the Validity Period will begin on the date of activation of the Services, with the Order Confirmation. In case of renewals (and provided that SEAT MÓ receives payment before the expiration date of the initial Services contracted), the date after the expiration will initiate the Validity Period of said Service renewal. In the event that SEAT MÓ receives payment for renewals and/or placement of new orders after the expiry of the initial services contracted, the date on which SEAT MÓ confirms payment will begin the next Validity Period. Please note that some of the Services may not be subject to renewals.
With the acceptance of these General Terms and for the relevant purposes, the Customer expressly requests that the provision of the Services be initiated during the period established for the exercise of the right of withdrawal established in Section 9.
The Validity Period of the contracted Services is linked to the Customer's Vehicle, and will be informed in the Order Confirmation.
SEAT MÓ may remind the Customer of the possibility of renewing the contract when the Validity Period is about to expire. The notification will be sent to the Customer's email provided when creating their User Account. In the event that the Customer wishes to renew the contracting of the Service, the Customer must follow the instructions provided by SEAT MÓ and initiate a new contracting and activation process (as the case may be) through the Application in accordance with these General Terms.
If the Customer does not renew or place new Service Orders at the expiry of the Validity Period, the contract between SEAT MÓ and the Customer will be automatically terminated.
The Services will be subject to the economic conditions in force at the time the Services are contracted or renewed by the Customer. The current price list will be available at any time to the Customer in www.seatmo.com.
Likewise, the Customer will be able to know the applicable prices within the framework of the process of contracting and activating the Services in the particular conditions.
As an exception, SEAT MÓ may offer some of the Services to the Customer free of charge for a limited period of time.
However, for the contracting of the Services not offered free of charge or for the successive (renewals) of the Services, the Customer must pay, at the beginning of the agreed period of validity, the price of the Contracted Services. Payment can be made by authorized payment during the activation and contracting process.
Where the Customer is a consumer, the Customer is entitled to terminate this contract within fourteen (14) calendar days without giving any reason.
The withdrawal period will expire fourteen (14) calendar days from the date of activation of the Service (Section 6).
To exercise the right of withdrawal, the Customer shall notify SEAT MÓ with an unequivocal statement, for example by sending an email to the following email address: email@example.com.
The Customer may use the withdrawal form, although its use is not mandatory.
In order to meet the deadline for expiration of the withdrawal right, the notification of the Customer sent before the expiration of such term will suffice.
In the event of the Customer's withdrawal, SEAT MÓ will proceed to reimburse all amounts collected from the Customer (if any), without undue delay and, in any case, within a maximum period of fourteen (14) calendar days from the date on which it is informed of the Customer's decision to withdraw. Such refund will be carried out using the same means of payment used by the Customer for the initial transaction, unless the Customer expressly requests otherwise. The Customer shall provide the necessary documentation to prove that he/she is the owner of the alternative means of payment. In any case, the Customer will not incur any expenses related to such reimbursement. If payment is not refunded within such period, the Customer shall be entitled to claim double the amount due, without prejudice to any applicable compensation for damages in accordance with applicable laws.
The contract will be terminated:
(a) When the Customer does not renew the Services at the expiration of the initial Validity Period, in the terms set forth in Section 7;
(b) When the Services available free of charge expire.
(c) When the Customer exercises the right of withdrawal, in the terms set out in Section 9;
(d) In case of lack of conformity, in accordance with Section 15;
(e) 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.
(f) In the case of a Technology Sunset, as described in Section 4.2.5, the Customer may terminate the Services affected by Technology Sunset by written notice to SEAT MÓ, if there are no alternative connectivity solutions with the applicable technology.
(g) Should the Customer be unable to comply with the provisions of Section 20, SEAT MÓ may terminate the contract with the User with immediate effect and block his future access to the Application and any connected services or connected products, software and technologies provided by SEAT MÓ.
In the event that the contract is terminated for any of the reasons set forth in the previous section, access to the Services will be canceled. Upon termination of the contract, the Customer shall refrain from using the Services and making them available to third parties.
Neither party may assign its rights or obligations hereunder without the prior written consent of the other party. As an exception to the above, SEAT MÓ reserves the right to assign the Services contract (without making any modification to the contractual conditions) to any other company of the SEAT Group. To this end, the Customer authorizes SEAT MÓ to proceed with such assignment. In any case, SEAT MÓ will inform the Customer of the assignment as soon as possible.
At Customer’s request, SEAT MÓ will make available to the Customer any content other than the personal data that the Customer has provided or created when using the Services. Such data shall be provided free of charge, within a reasonable period of time and in a common electronic format.
The Customer has a non-exclusive, non-sublicensable and non-transferable right to use the Services (as well as the content, materials and information related thereto) and the Application during the Validity Period. Use will be limited to those countries where the Services may be used (see Section 4.2.2).
Customer is not authorized to transfer or disclose content and information related to the Services, or to exploit the Services in any way, for example, for the benefit of third parties or for commercial or for-profit purposes. The Customer shall not be authorized to alter, copy, modify, decompile, disassemble or reverse engineer the Services and the App, their integrating parts or contents and source codes. Likewise, the Customer will in no case eliminate, alter, evade or manipulate any protection device or security system installed in the App.
The Customer 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.) and the Application and, as well as its components, are the property of SEAT MÓ, its licensors and/or third parties. In this sense, when the Customer contracts the Services, he only acquires the rights strictly necessary to use the Services in the terms established in these General Terms.
The Customer shall confirm that it complies with the prerequisites for contracting and using the Services, in accordance with the provisions of these General Terms and, in particular, Section 2.
If the Customer is not the owner of the Vehicle, before performing software updates, the Customer is responsible for making sure that they are authorised to do so. The Customer may find information on the permission to perform the software update in the agreements which are applicable between the Customer and the owner with regard to the Vehicle (e.g. from the lease agreement or – in a company car – the employer’s company car guidelines or the employment contract). In case of doubt, the Customer should obtain Vehicle owner’s prior consent to perform the software update.
In the event that an authorized third party uses the Vehicle, for example, a family member or an employee of Renter, Customer will take appropriate steps (e.g., obtaining the consent of the applicable third party) to ensure that, when such party logs into the Services, it does not violate the rights of third parties. It should be noted that the Customer obtains information about the Vehicle and therefore (indirectly) about such third party (such as user behavior, location, etc.). Warning messages regarding the Vehicle and/or fault messages that will remain in the Vehicle are displayed in the Application, in the section that provides information about the status of the Vehicle.
The Customer undertakes to respect the intellectual and industrial property rights of any other type of right of SEAT MÓ or any other third party over the Services and the Application in the terms established in Section 11.
The Customer shall be liable to SEAT MÓ for any breach or breach arising from the use of the Services by any person other than the Customer, holding SEAT MÓ harmless from any circumstances resulting from such inadequate use.
The driver of the Vehicle is obliged to comply with all applicable laws regarding Traffic and Road Safety in force.
SEAT MÓ shall not be liable for any damage caused by the use of the Services by the Customer in contravention of these General Terms or by improper use. The above applies especially if the driver of the Vehicle is distracted while driving due to the use of the Services or the Application and, as a result, there is an accident.
In particular, due to the digital nature of the information provided by SEAT MÓ in the framework of the provision of the Services and the possibility of errors both in the storage and transmission of such information via the internet, SEAT MÓ does not guarantee the updating, accuracy, veracity, correctness and quality of the information transferred or provided to the Customer through the Services. In this sense, except in those cases expressly contemplated in the applicable legislation, SEAT MÓ will not be responsible for the updating, accuracy, veracity, correctness and quality of the data and information provided through the Services, nor for the data and information provided by third parties.
With regard to the information, data, images and other content provided by third parties in the framework of the provision of the Services, the Customer acknowledges that SEAT MÓ does not review or modify the content of said data, as well as any other content and information.
SEAT MÓ will not be responsible for any circumstance that affects the Services derived from problems with the connection of data provided by third parties. In this regard, SEAT MÓ shall not be liable in the event of Technology Sunset, as described in Section 4.2.5. However, SEAT MÓ will notify the Customer in writing after becoming aware of the impending Technology Sunset, informing of the date from which it is anticipated that the affected technology will no longer be available.
SEAT MÓ shall not be liable for any damage caused by the Customer's choice of an inadequate password to log in to the User Account or inadequate password protection. SEAT MÓ shall also not be liable for damages caused by third parties to whom the Customer has granted access to the Services.
Without prejudice to Section 13 above and the Customer's Right of Withdrawal, provided that the Services have been properly installed, and for the duration of the corresponding contract, SEAT MÓ shall be liable to the Customer in the event that the Services (i) do not conform to the description and qualities made available to the Customer on these General Terms and the particular conditions stated in the Application prior to contracting, which should be at of the same quality and features that similar services present; and provided the Customer has not expressly accepted that any specific feature of the Services deviated from such conformity; (ii) are not fit for the ordinary uses for which they are intended (including those uses for which similar services are provided, taking into account the existing technical standards); (iii) are not provided with adequate instructions (and which the Customer may reasonable expect to receive); and (iv) are not provided with relevant updates where the contract has indicated so.
SEAT MÓ will provide all necessary updates, including security updates, to maintain the conformity of the Services during the Term of the applicable contracted Service, as indicated in its particular conditions. The foregoing shall not apply if the Customer does not install the updates made available by SEAT MÓ within a reasonable period, provided that SEAT MÓ has duly informed the Customer of such updates and that the instructions provided in this regard are accurate.
In the event of a lack of conformity of the Services, the Customer is entitled to have Services brought into conformity, e.g. via update, restoring of the continuous supply or elimination of restricted performance (speed). If (i) SEAT MÓ refuses or fails to achieve conformity within a reasonable period of time and without significant inconvenience for the Customer (ii) or where the lack of conformity is of such serious nature that it is unreasonable for the Customer to apply for rectification first, 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, terminate the contract in accordance with Section 3.7. A price reduction or refund is proportionate if it reflects the decrease in the value of the Services compared to the value that the digital content or digital service would have if they were in conformity.
In deviation from the regulations in Section 15.1 above, SEAT MÓ shall not be liable for the lack of conformity which is solely resulting from Customer’s failure to install the update within reasonable time, provided that the failure to install by the Customer was not due to the lack or shortcomings in the installation instructions provided by SEAT MÓ.
To assert Customer’s rights under this Section 15, the Customer can contact SEAT MÓ’s Customer Care department.
The Services contract will always be linked to the Vehicle and, therefore, the Customer will not have the right to assign 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"), Customer shall:
1. Transfer the Services contract to the Purchaser;
2. Delete all personal data stored in the Vehicle; and
3. Withdraw the Vehicle from the User Account through the Application.
The Purchaser may use the Services after creating a User Account, acquiring any Service and activating such Services in accordance with the provisions of the General Terms in force.
The validity of the transfer of the Services contract to the Purchaser may be subject to the approval of SEAT MÓ, which will not be unjustifiably withheld. The Order Confirmation for the Services sent to the Purchaser, as set out in this document, will serve as proof of acceptance by SEAT MÓ of the assignment of the contract.
The User may contact seat MÓ Customer Service through the following means of contact: (i) by email [firstname.lastname@example.org]; or (ii) by post to the address Autovía A2 Km.585 08760 Martorell (Barcelona).
This Section 18 only applies to consumers having their domicile or place of ordinary residence 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.
These General Terms shall be governed by common Spanish law. If the Customer is a consumer, the local laws corresponding to the place where the consumer had his domicile or normal place of residence when the contract was executed shall apply.
Any dispute arising from this contractual relationship will be submitted to the competent courts and tribunals of the city of Barcelona (Spain). Notwithstanding the foregoing, if the Customer acts as a consumer, such disputes shall be subject to the courts of the consumer's place of residence.
The Customer, in the event that it acts as a consumer, may also submit any dispute arising out of or in relation to these General Terms to an alternative dispute resolution procedure ("ADR"). The European Commission's list of available ADR platforms can be found at: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage.
Notwithstanding the foregoing, SEAT MÓ does not undertake or be obliged to participate in the online dispute resolution procedure before the consumer arbitration body.
If any term or provision of these General Terms is deemed to be invalid, illegal or unenforceable, the remaining terms and provisions shall not be affected, provided that the rights and obligations of the parties arising from these General Terms are not essentially affected. For these purposes, any situation that causes serious damage to the interests of any of the parties, or in relation to the purpose of these General Terms, shall be understood as essential. These affected Sections will be replaced or integrated with other Sections that, being in accordance with the law, have the same purpose as the replaced Sections.
When using the User Account and the Services, the Customer 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 Customer 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.
The Customer further acknowledges and confirms that, based on applicable export control and sanction rules and regulations - to the extent their observance is legally compliant – the Customer is not prohibited from obtaining or using (the) digital services and related products, software or technologies.
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