Terms and conditions of use of the app

App ownership

LIVELINK VENTURES S.L. is the holder of all exploitation rights for a technological platform called ‘KOMOBI Moto’ (hereinafter, the ‘App’) through which the User can make use of the functionalities of the KOMOBI device, and thus access, by mobile phone, all the necessary information about their vehicle.

In compliance with Law 34/2002, of 11 July, on Information Society Services and Electronic Commerce (LSSI-CE), LIVELINK VENTURES SL, informs that it is the owner of the website www.livelinkmotor.com and www.komobimoto.com of the KOMOBI platform and its related services in accordance with the terms set out below.
Identifying details of the person responsible for the App:

Owner: LIVELINK VENTURES S.L.
Address: C/Brasil, 24, 41013 Seville, Spain
Contact Information: [email protected] or +34 673 803 973
Registration Details: Seville Companies Register, Volume 6621, Folio 120, Section 8, Page SE-119490.
Tax ID: B90403213
For clarification purposes LIVELINK VENTURES S.L will be identified throughout the document as LiveLink, LiveLink Motor or the Company.

These Terms and Conditions of Use of the App set out the rights and obligations of the User for the use of the App and of KOMOBI as the service provider.

Any User who uses the App is presumed to have read and accepted these Terms and Conditions of Use of the App.
LiveLink Motor reserves the right to update and modify the Terms and Conditions of Use of the App without any prior notice, unless it is mandatory according to the applicable legislation, without assuming any responsibility for it, these always being available at the web address www.livelinkmotor.com and www.komobimoto.com

This agreement shall be valid from the date on which the User of the App ticks the box accepting this agreement that appears at the bottom of this document. Any new features that may be added to the App shall be subject to these Terms and Conditions of Use of the App. In the event that the User continues to use the App after any modification, it shall be assumed that they agree with said modifications.

The most recent version of the App Terms and Conditions of Use can always be consulted at https://www.komobimoto.com/terminos-y-condiciones-de-la-app/

Failure to comply with any of the App Terms and Conditions of Use may be cause for cancellation of your account.

To be a User of the App it is essential that you meet the following requirements:

• Be at least 18 years old.
• Users must truthfully complete the mandatory fields of the registration form such as an email address, and all the information required by LiveLink Motor in the account creation process.
• Users must carefully read these Terms and Conditions of Use of the App when accessing the App. Likewise, acceptance of the Terms and Conditions of Use of the App is an essential requirement that must be met prior to registration.
• Users must accept the Privacy and Data Protection Policy.
• Users must accept the Cookies Policy, if any.

Once all the requirements have been met and registration in the App has been completed, LiveLink Motor will send the User a registration confirmation, together with any other necessary information in accordance with applicable legislation.

Once registered in the App, we grant you a licence to use the App under these Terms and Conditions of Use of the App and in accordance with the rules or policies applied by either Apple (App Store) or Google (Google Play) or any other that may be operational in the future (‘App Store’) where the App has been downloaded (‘App Store Policies’). We do not sell the Application to you and there will be no possibility of purchase from it, it will be through the website www.komobimoto.com
Users may register on the App free of charge; however, the free nature of registration on the App may be subject to review by LiveLink at any time. Such changes will take effect immediately upon publication.

The parties agree to legally equate the customer’s handwritten signature with that made using any other type of key, code or identifying security element. Notwithstanding the foregoing, the LiveLink Engine may require written confirmation from the customer when it deems it necessary.

Passwords and access to the account. The User who has acquired and installed the Device in their vehicle, created the KOMOBI account and installed the App on their mobile phone (hereinafter, the ‘App User’), has access to and control over the KOMOBI account, as well as over the KOMOBI-compatible devices used to access our service, and is responsible for the activity carried out in said KOMOBI account.

To maintain control over the account and prevent anyone from accessing it, the App User must maintain control of all KOMOBI-compatible devices used to access the service and not reveal the password to anyone. The App User must refrain from providing temporary or indefinite direct or indirect access to the account to third parties, whether free of charge or in exchange for a fee.
Requirements for using the App: to use the App, you must meet the following requirements:

• Have an active subscription that includes the connectivity fee.
• Have access to the Internet.
• Have correctly installed the KOMOBI device in your vehicle, following the recommendations in the installation guide.
Compatibility requirements: the App requires a mobile phone device with a minimum of 200Mb of memory and running an operating system no lower than iOS 16 or Android 9.0. The correct functioning of the App requires in any case to have the latest version enabled, being the responsibility of the user to update it according to the specifications of LiveLink Motor.
Use of the App: The User of the App agrees not to resell, duplicate, reproduce or exploit any part of the contents of the App. The User of the App may not use the App to store, host, or send harmful or unsolicited email (spam), or transmit any virus, worm, or any type of malicious or harmful content.

The App User is fully responsible for accessing and correctly using KOMOBI subject to current legislation, whether national or international, as well as the principles of good faith, morality, good customs and public order. And specifically, they undertake to diligently observe these Terms and Conditions of Use of the App.

Both parties agree and declare that it is expressly prohibited for the User of the App to assign or transfer the rights and obligations derived from the use of the App to any other natural person or legal entity, unless expressly consented to by LiveLink Motor.
The User of the App is responsible for maintaining the privacy of their account. LiveLink Motor will not be held responsible for any damage or loss that may be the consequence of an error by the App User when protecting their access information.

The App User understands that the App can be used to transmit the content they enter or link to their account, and that during this process, such content, including invoices, payment notices, and personal messages, may be transferred unencrypted over the Internet.

The KOMOBI software may vary depending on the device and the medium, and its functions may also differ between devices. The App User acknowledges that the use of the App may require third-party software subject to licences from such third parties. The App User agrees that he or she may automatically receive updated versions of the KOMOBI software.

LiveLink Motor reserves the right to delete any account if its veracity is suspected or it could breach any of the rules of use of the App.

Quality of the App: The display and performance quality of the App’s content may vary depending on the App User’s mobile device, and may be affected by various factors, such as their location, available bandwidth and/or the speed of their Internet connection. The App User is responsible for all Internet connection charges.

The KOMOBI software is configured as software ‘as is’ and ‘as available’ at all times for the proposed purpose. This Software has been generated with abstraction from any specific use case, so the App does not have to comply with any type of suitability for a specific use case.

LiveLink Motor is not responsible for the ability of the App User to use the App, nor can it guarantee their satisfaction with the App, that the App will be available at all times, uninterrupted and without errors, the accuracy of the mathematical calculations carried out by the App, or the correction of errors in the App.

The KOMOBI software is constantly being developed and improved and, as a result, may require frequent updates in which reasonable efforts will be made. For this reason, there is no guarantee that the software will retain each and every one of its current technical features. Nor is there any guarantee that the software will be free of errors (bugs), but LiveLink Motor shall provide suitable means to minimise the duration and scope of such errors. Nor is it guaranteed that the software will always function according to its intended purpose, but LiveLink Motor shall provide suitable means to mitigate any incident in this regard. Although the objective with which the software is marketed is that it can be accessible at any time while the Contract is in force, there is no guarantee that access to the software will be uninterrupted, but LiveLink Motor shall provide means to mitigate any incident in this regard.

LiveLink Motor may, at its sole discretion and without liability, suspend the functionalities of the App (in whole or in part) at any time if a technical failure affects the provision of the functionalities, or if any modification or maintenance of the network is carried out, or if changes to the software are required for any reason, or if the network operator ceases to operate.
Neither LiveLink Motor, nor its partners, nor its sponsors are responsible for any direct, indirect, secondary, consequential, special, exemplary, punitive, or any other type of damage arising from or related in any way to the use that the App User makes of the App. The App User can only resolve their dissatisfaction with the App by ceasing to use it and cancelling their account.
If any of the conditions described here are invalidated or cannot be applied, the application of any of the remaining conditions shall not be affected in any way.

Customer service: Any questions regarding the Terms and Conditions of Use of the App should be sent to LiveLink Motor’s technical support via email to [email protected] or by calling +34 673 803 973.

In the event that it is necessary and an incident is reported to the technical support service, it will be understood that the App User grants full authorisation to LiveLink Motor, through its staff, to manually access the data incorporated in their App account, for the optimal time to resolve the incident and to implement the appropriate measures in order to prevent new similar incidents in the LiveLink Motor systems.

The Terms and Conditions of Use of the App establish an absolute agreement between the App User and LiveLink Motor with respect to the App and prevail over any previous agreement reached between both parties.

Force majeure: interruption in access to the App in the event that it originates from unforeseeable or unavoidable causes (hereinafter, ‘Force Majeure’), will not be considered a breach by the service provider.

The App User undertakes, by way of illustration and not limitation, to:
· Refrain from altering or modifying the App, in whole or in part, by circumventing, disabling or otherwise altering its functions or services;

· Refrain from infringing industrial and intellectual property rights or personal data protection legislation;
· Refrain from using the App to insult, defame, intimidate or harass other Users or attack their image;
· Refrain from accessing the email accounts of other Users;
· Refrain from introducing computer viruses, corrupted files or any other software that may cause damage or alterations to the contents or systems of LiveLink Motor or third parties;
· Refrain from sending mass and/or recurring emails to several people, or from sending email addresses of third parties without their consent;

Refrain from advertising goods or services without the prior consent of LiveLink Motor.

Any App User may report another User if they believe the latter is in breach of these General Conditions. Likewise, any User may notify LiveLink Motor of any abuse or infringement of these conditions. LiveLink Motor will verify these reports as soon as possible and will take the measures it deems appropriate, reserving the right to eliminate and/or suspend any User of the App for non-compliance with these Terms and Conditions of Use of the App. Likewise, LiveLink Motor reserves the right to eliminate and/or suspend any message with illegal or offensive content without prior warning or subsequent notification.

LiveLink Motor owns all Intellectual Property rights to any and all components of the App that can be protected, including, but not limited to, the name of the App, graphic material, all software associated with the App and the User Interface elements contained in the App, many of the individual features and related documentation.

The User of the App subscribes to a service through which temporary access to the functionalities of the App is made available.
When the use of a mobile application is necessary for the enjoyment of or access to the software configured at any given time, it may be downloaded from the repository or marketplace indicated by KOMOBI and installed on the mobile device assigned to the person duly authorised by the User. The use of such a mobile application shall be subject to a non-exclusive, non-transferable licence, with a duration strictly associated with the subscription. Said licence shall only grant the right to use said mobile application through the accreditation mechanism provided by KOMOBI at any given time, expressly excluding from the licence any right of distribution, transformation, reproduction and public communication for its exploitation through any modality, in particular, for its making available or exploitation together with or through digital distribution platforms.

The User of the App undertakes not to copy, adapt, reproduce, distribute, reverse engineer, decompile, or disguise any facet of the App.

The User of the App agrees and undertakes not to use robots, spiders, other automated devices, or manual processes to control or copy any content of the App.

The User of the App also agrees not to upload, publish, send by email or transmit by any other means any material designed to interrupt, destroy or limit the functionality of any software, hardware or telecommunications equipment associated with the App, such as computer viruses or other computer codes, files or programs.

LiveLink Motor may terminate or restrict the use of the App if it violates these Terms and Conditions of Use or if it incurs in illegal or fraudulent use of the service, without any right to compensation in favour of the App User, and LiveLink Motor may exercise as many actions as necessary to defend its intellectual property.

LiveLink Motor will not claim rights over the Intellectual Property of the content that the App User uploads or provides to the App. However, by using the App to send content, the App User accepts that third parties may view and share this content.

The KOMOBI device is not an accident prevention system nor does it replace other similar measures in dangerous situations. Livelink Motor makes every effort to guarantee its integrity and operability in the event of an accident, emergency or attempted theft, although it is not possible to guarantee its operation in the event of uncontrolled external factors, such as impacts in extreme conditions, power supply failure in the vehicle where it has been installed, telecommunications service outages, uncontrolled errors in firmware updates, severe atmospheric events or situations of a similar nature.

As a result of this, it is possible that, due to the concurrence of these uncontrolled external factors, the emergency call through the E-Call Service may not be made or may not be completed satisfactorily, with Livelink Motor being excluded from any liability for the consequences derived from these situations.

Livelink Motor is not responsible for the accuracy or validity of the data and information provided through the App.
LiveLink Motor is not liable for the consequences derived from interruptions, outages and limitations in the functioning of the App.
Livelink Motor does not guarantee the safety and integrity of the driver, passengers, animals, objects and/or the vehicle when using both the device and the App, and cannot be held liable for any reason, including damages of any nature, consequential damages and/or loss of profit.

Likewise, Livelink Motor is not responsible for any expenses that may arise from the attention provided by 112 or any other emergency service that may be required to assist the user.

LiveLink Motor makes every effort to keep the App up to date and accessible to the App User at all times. However, it is possible that, for technical reasons, the display and operation of the App or the device may not be correct or complete.

LiveLink Motor cannot guarantee that the App will be available at all times, and therefore LiveLink Motor shall not be liable for damages of any kind that may arise from, including but not limited to (i) the unavailability of the App, inferences, interruptions, outages, or temporary suspensions of the website, (ii) computer viruses, breakdowns and/or disconnections in the operation of the electronic system or in computer devices and equipment, caused by reasons beyond the control of LiveLink Motor, which prevent or delay the provision of services or browsing; (iii) Delays or blockages in use caused by deficiencies or overloads of the Internet or in other electronic systems that may be caused by third parties through illegitimate interference beyond the control of the establishment and that are not attributable to LiveLink Motor; (iv) Any discrepancies that may exist between the electronic version and the printed version of the information, documentation and/or other content of the App; (v) The impossibility of allowing access to the App for reasons not attributable to LiveLink Motor, including cases of force majeure.

The App makes technical link devices available to Users (such as, among others, links, banners, directories, etc.) that allow access to web pages or sites belonging to and/or managed by third parties with which LiveLink Motor has no connection. Consequently, LiveLink Motor will not be responsible for the control and monitoring of the contents nor will it assume any responsibility for these web pages or sites. The User of the App must exercise extreme caution in the evaluation and use of the information, contents and services made available to them through these web pages or sites belonging to and/or managed by third parties.

All communications made with the KOMOBI software are carried out using SSL (Secure Sockets Layer) protocol, signed with a certificate obtained from an authorised certification authority. KOMOBI is committed, by applying encryption, pseudonymisation and encryption techniques, to maintaining and storing the personal data provided to us by users in a confidential manner, guaranteeing their security and preventing access by unauthorised third parties, and endeavours to adopt all necessary measures to guarantee the protection of the data it has on its users, and undertakes to improve them in accordance with current legislation and any technological advances that may occur. The data is stored on the server applying security measures that will be at least as high as those established in the LOPDGDD for the protection of medical data.

The App User authorises Livelink Motor to use the processed data, without any compensation, for the sole purpose of implementing future modifications, transformations or evolutions in its algorithmic programming derived from the R&D&I tasks of the Software manufacturer, as well as the machine learning mechanisms that are inserted in the processing of the data processed by Livelink Motor on behalf of the App User.

These improvements in algorithmic programming will be for the benefit of Livelink Motor, as the case may be, although they may result in better performance of the Software. These transformations, modifications and evolutions in the algorithmic programming will never involve the crossing or enrichment of databases belonging to the end customer or third parties, nor can it therefore imply that the Confidential Information is transferred to third parties other than Livelink Motor. The data thus processed will be pseudonymised to avoid the unambiguous identification of the subjects concerned through the Software.

The Parties are aware of and undertake to comply with the provisions of the applicable regulations on the protection of personal data; specifically, Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (hereinafter, ’ GDPR”), as well as in Organic Law 3/2018, on the Protection of Personal Data and guarantee of digital rights (hereinafter, “LOPDGDD”).

The App User shall be responsible for the data that they decide to process using the Software. Therefore, they must be the owner of the data or have legitimate access to it. The sources of said data cannot be fraudulent, nor can they have been obtained unlawfully from their owner or legitimate possessor. The data that the App User decides to process through the software may not infringe the intellectual property rights of third parties, nor patents, trademarks or business secrets belonging to third parties. The App User shall hold Livelink Motor harmless from any liability contemplated in the previous points that a third party may claim against Livelink Motor for processing data supplied by the App User.

LIVELINK VENTURES, S.L complies with current regulations on confidentiality and security of confidential data.

The App User consents to their personal and identifying data being incorporated by Livelink Motor into a data processing system owned by the company, for the purpose of complying with and correctly executing the contractual relationship between the Parties; and, eventually, for administrative and/or commercial management. In any case, Livelink Motor undertakes that this personal data will not be communicated to third parties under any circumstances, unless the other Party gives their express, informed and unequivocal consent, indicating the specific purpose for which the data will be communicated. The information or personal data will be processed in accordance with the provisions of the Privacy Policy in our privacy policy: https://www.komobimoto.com/politica-de-privacidad/
Livelink Motor does not assume any responsibility with respect to the origin of the information uploaded by the User, the latter being responsible for complying with the duty of information and collecting the consent of other users, among others, established in the European Data Protection Regulation 2016/679 (GDPR) and Organic Law 3/2018 on the Protection of Personal Data and Guarantee of Digital Rights (LOPDGDD).

If any of the clauses of these Terms and Conditions of Use of the App are considered void or null and void by operation of law, said clause(s) shall be considered unwritten. Such a declaration of nullity shall not give rise to a declaration of nullity of the other clauses, which shall continue to be valid and effective between the Parties.

The relationship between LiveLink Motor and the User shall be governed by and construed in accordance with the App’s Terms and Conditions of Use and the laws of Spain. The App User and LiveLink Motor agree to submit to the exclusive jurisdiction of the courts of Seville to resolve any legal matter related to the App’s Terms and Conditions of Use.