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livil FLAGS - Terms and Conditions of Usage and Privacy Policy

Last updated on 30th September 2024

livil FLAGS Terms and Conditions of Use

  1. Scope of Application
    1. The following Terms and Conditions of Use apply to the use of livil (hereinafter "livil" or "the service"), a service of Autonomy on Board GmbH, Wittekindstrasse 13A, 06114 Halle (Saale), Germany (hereinafter "Autonomy on Board"). livil is a service which is offered via the livil FLAGS App (App on Smartphone), In-Car Office App (App on Smartphone) and In-Car Messenger App (App on vehicle headunit) - together referred to as "the Apps".
    2. In addition to these Terms and Conditions of Use, the livil Privacy Policy applies.
    3. Autonomy on Board will inform the user about any changes to these Terms and Conditions of Use not later than 14 days prior to their proposed effective date of such changes via the messaging service "FLAGS" which is part of livil. The consent of the user is deemed granted if the user does not object against the changes prior to the proposed effective date. Autonomy on Board will explicitly point out this de facto consent to the user within the aforesaid information message.
  2. Conditions of Use
    1. The use of livil is solely reserved for users who are at least 18 years old.
    2. To use livil, a valid subscription contract is required. The subscription is concluded and terminated via the App Store, for example Google Play or Apple App Store.

      The Google Play terms and conditions can be found here: https://play.google.com/about/play-terms/.

      The Apple App Store terms and conditions can be found here: https://www.apple.com/legal/

    3. To use the Service, the user must provide certain equipment, software and data connections that Autonomy on Board does not provide. The user also consents to Autonomy on Board sending him/her communications about the Service from time to time as necessary for the provision of the Services.
  3. livil FLAGS App, In-Car Office App and In-Car Messenger App
    1. The livil FLAGS App, In-Car Office App and In-Car Messenger App are legally protected; the intellectual property rights and other protective rights in the Apps are the property of Autonomy on Board or its licensors. Autonomy on Board grants the user a non-exclusive right to use the Apps. A valid subscription is necessary to use the livil service.
    2. Autonomy on Board is under no obligation to provide the source code of the software including the associated development documentation.
    3. Unless otherwise specified in the provisions below, the user is not authorized to grant third parties any rights in the livil FLAGS App, In-Car Office App and In-Car Messenger App. In particular, the user is not entitled to lease the Apps for commercial purposes, or to make it available in any other form to third parties for commercial purposes on a temporary basis against payment. This also applies to the lease of a pre-installed version on an end-user device, which is provided to third parties in return for payment. Pursuant to Sections 69d and 69e of the German Copyright Act (Urheberrechtsgesetz) or the applicable law, the user is not entitled to modify the Apps or to authorize third parties to do so. In the same way, the user may not disassemble the Apps into its components, nor modify the object code, decompile, copy or use it in any way other than as intended by the contract.
    4. Some content and/or software components of the Apps are the intellectual property of Autonomy on Board's licensors. Furthermore, the livil FLAGS App, In-Car Office App and In-Car Messenger App include the software modules and libraries which are subject to the specific license terms mentioned therein. Copyright credits, serial numbers and other features used to identify the program must not be removed from the Apps or modified.
  4. Registration/Login
    1. In order to register a user account, the user must provide their correct phone number, their first and last name and their email address.
    2. To complete the registration process, livil FLAGS sends the user a numerical code via SMS, which the user must enter to activate the account.
  5. Functions and Additional Features
    1. livil is a service through which various communication channels of other providers, such as WhatsApp, Slack, Gmail and others, can be used. In addition, livil includes an own messenger service Flags. The user remains responsible for the safe operation of the vehicle. The service can and should be used via the infotainment system in the car. To use third party services via livil, the livil FLAGS App and the In-Car Office App needs permission to receive notifications from such services. This permission can be given by the user when creating the user account or at any time within the livil FLAGS App or In-Car Office App.
    2. The user may grant permission to have access to the contacts stored on the mobile phone, so that the contact details can be used via the livil FLAGS App or In-Car Office App. In addition, the user may allow push notifications, the use of the microphone, the identification of the location or the estimated time of arrival (ETA) of a current navigation.
    3. The In-Car Messenger App runs on selected vehicles with Android Automotive OS preparation, where the car manufacturer selected to make it available through the In-Car App Store. The In-Car Messenger App can be connected to the livil FLAGS App and In-Car Office App.
    4. Autonomy on Board reserves the right to update or add services and features for specific devices and platforms. Autonomy on Board will make reasonable efforts to ensure that the Service is available on an uninterrupted basis. However, Autonomy on Board does not warrant that the Service will be always available and/or without interruptions. The Service may be unavailable, for example, for maintenance, repairs, improvements, or due to network or equipment failures. For maintenance and servicing purposes, Autonomy on Board may restrict or interrupt all or part of the Service at any time upon 30 days' prior notice. Autonomy on Board will use reasonable efforts to minimize the any such restriction.
  6. Third Party Services
    1. Autonomy on Board may grant user access to third party services via the Apps. Such services may be subject to separate terms and conditions of the respective providers. Autonomy on Board recommends using third party services only after accepting the terms and conditions of the respective provider. When using services offered by third parties, the user is responsible for all information the user provides to the third party. Autonomy on Board is not responsible or liable for third party services.
  7. User Obligations
    1. The user is obligated to always use livil in accordance with applicable laws. Furthermore, the user agrees not to use livil in any abusive manner. The user agrees that it will not use (or assist others in using) the livil service in a manner that infringes, misappropriates, or violates the rights of Autonomy on Board, other users or any other third-party. Only the user is responsible and liable for all information and content the user sends or receives via the livil service. The user will indemnify Autonomy on Board from and against all claims raised and all damages suffered because of a breach of the aforesaid obligation of the user. Irrespective of any driver assistance, the user remains responsible for the safe operation of the vehicle.
    2. Only to the extent necessary for the provision of the livil service, the user grants Autonomy on Board a worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to use, store and transmit, the information and content that the user submits and sends via the service. The information submitted by the user will be stored on Autonomy on Board's own or managed servers for the sole purpose of transmission and will be deleted thereafter. Communication via Flags is not end-to-end encrypted.
    3. The user acknowledges that Autonomy on Board and its licensors retain all right, title and interest in and to the original, and any copies, of software which is incorporated into the livil FLAGS App, In-Car Office App and In-Car Messenger App and/or is part of the livil service. Without limiting the generality of the foregoing, the user agrees not to: (a) submit any automated or recorded requests via the livil FLAGS App, In-Car Office App or In-Car Messenger App; (b) copy, reproduce, distribute, or in any other manner duplicate the Apps, in whole or in part, unless allowed by law; (c) sell, lease, license, sublicense, distribute, assign, transfer or otherwise grant any rights in the Apps and/or the livil service, in whole or in part, unless allowed by law; (d) modify, port, translate, or create derivative works of the in the livil FLAGS App, In-Car Messenger App and/or the livil service, unless allowed by law; (e) decompile, disassemble, reverse engineer or otherwise attempt to derive, reconstruct, identify or discover any source code, underlying ideas, or algorithms, of the software by any means, unless allowed by law; or (f) remove any proprietary notices, labels or marks.
    4. Third-party trademarks, trade names, product names and logos (the "Trademarks") contained in the Apps or used in connection with the livil FLAGS App, In-Car Office App or In-Car Messenger App are the trademarks or registered trademarks of their respective owners, and the use of such Trademarks shall inure to the benefit of the trademark owner. The use of such Trademarks is intended to denote interoperability and does not constitute: (i) an affiliation by Autonomy on Board and its licensors with such, or (ii) an endorsement or approval of such company of Autonomy on Board and its licensors and its products or services.
  8. Warranty and Liability
    1. Autonomy on Board constantly endeavors to ensure that the livil service is available without interruptions and transmissions are without errors. If internet access is required to use certain functions, the quality of the function depends on the quality of the internet access. From time to time, the availability of the livil service may be interrupted or limited to enable maintenance or repair work, or to launch new features or services. Autonomy on Board will make all efforts to minimize the frequency and duration of each of these temporary service interruptions or limitations.
    2. Autonomy on Board is liable without limitation for damages caused intentionally or as a result of gross negligence on the part of Autonomy on Board, its legal representative or vicarious agent.
    3. In addition, Autonomy on Board is liable for damages caused by a slightly negligent breach of a cardinal contractual obligation. They are obligations whose observance is necessary to the proper fulfilment of the contract or upon whose observance the customer regularly relies or may rely. Cardinal obligations are also duties that result from the nature of the contract and whose violation jeopardizes achievement of the contract's purpose. In this case the amount of liability shall be limited to foreseeable damage typical of the contract. Autonomy on Board is not liable for the slight negligent breach of other obligations than mentioned before.
    4. The above liability limitations do not apply in the event of injuries to life, body or health, or to defects which are covered by a guarantee for the quality of the product, or in the event that defects are maliciously concealed. Liability under the Product Liability Act remains unaffected thereby.
    5. If the liability of Autonomy on Board is excluded or limited, it applies in equally to the personal liability of its employees, legal representatives and vicarious agents.
  9. Applicable Law/Jurisdiction
    1. All legal relationships arising from these Terms and Conditions of Use are governed exclusively by German law; the United Nations Convention on Contracts for the International Sale of Goods is explicitly excluded. If the user is a consumer, the statutory provisions of their usual place of residence apply.
    2. If the user is a consumer, the statutory provisions apply with regard to the place of jurisdiction. If the user is not a consumer, the exclusive place of jurisdiction for all legal disputes involving legal relationships arising under these Terms and Conditions of Use is Halle, Germany.

Status: March 2025