Terms of Service

livil FLAGS - Terms and Conditions of Usage and Privacy Policy

Last updated on 30th September 2024

livil FLAGS Terms and Conditions of Use

Scope of Application

The following Terms and Conditions of Use apply to the use of the livil FLAGS service (hereinafter “livil FLAGS”), a service of Autonomy on Board GmbH, Wittekindstrasse 13A, 06114 Halle (Saale), Germany (hereinafter “Autonomy on Board”). livil FLAGS is a service which is offered via the livil FLAGS App.
In addition to these Terms and Conditions of Use, the livil FLAGS Privacy Policy applies.
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 FLAGS. 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.

Conditions of Use

The use of livil FLAGS is solely reserved for users who are at least 18 years old.
To use livil FLAGS, a valid subscription contract is required. The subscription is concluded and terminated via Google Play. The Google Play terms and conditions can be found here: https://play.google.com/about/play-terms/.
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.

livil FLAGS App

The livil FLAGS App is legally protected; the intellectual property rights and other protective rights in the App are the property of Autonomy on Board or its licensors. Autonomy on Board grants the user a non-exclusive right to use the App. A valid subscription is necessary to use the livil FLAGS service.
Autonomy on Board is under no obligation to provide the source code of the software including the associated development documentation.
Unless otherwise specified in the provisions below, the user is not authorized to grant third parties any rights in the livil FLAGS App. In particular, the user is not entitled to lease the livil FLAGS App 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 livil FLAGS App or to authorize third parties to do so. In the same way, the user may not disassemble the livil FLAGS App into its components, nor modify the object code, decompile, copy or use it in any way other than as intended by the contract.
Some content and/or software components of the App are the intellectual property of Autonomy on Board’s licensors. Furthermore, the livil FLAGS App include the software modules and libraries which are subject to the specific license terms mentioned therein. More information about included software can be found here: https://bit.ly/livil_ListOfIncludedSoftware. Copyright credits, serial numbers and other features used to identify the program must not be removed from the livil FLAGS App or modified.

Registration/Login

In order to register a user account, the user must provide his/her correct phone number. The user may, if applicable, provide further information.
To complete the registration process, livil FLAGS sends the user a numerical code via SMS, which the user must enter to activate the account.

Functions and Additional Features

livil FLAGS is a service through which various communication channels of other providers, such as WhatsApp, Slack, Gmail and others, can be used. In addition, livil FLAGS includes an own messenger service Flags. livil FLAGS is primarily designed to use messaging services in a car, But the user remains responsible for the safe operation of the vehicle . If the car has the appropriate equipment, the service can and should be used via the infotainment system in the car. To use third party services via livil FLAGS, the livil FLAGS 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
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. In addition, the user may allow the use of the microphone.
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.

Third Party Services

Autonomy on Board may grant user access to third party services via livil FLAGS. 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.

User Obligations

The user is obligated to always use livil FLAGS in accordance with applicable laws. Furthermore, the user agrees not to use livil FLAGS in any abusive manner. The user agrees that it will not use (or assist others in using) the livil FLAGS 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 FLAGS 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.
Only to the extent necessary for the provision of the livil FLAGS 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.
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 and/or is part of the livil FLAGS 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; (b) copy, reproduce, distribute, or in any other manner duplicate the livil FLAGS, in whole or in part, unless allowed by law; (c) sell, lease, license, sublicense, distribute, assign, transfer or otherwise grant any rights in the livil FLAGS App and/or the livil FLAGS 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 and/or the livil FLAGS 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.
Third-party trademarks, trade names, product names and logos (the “Trademarks”) contained in the App or used in connection with the livil FLAGS 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.

Warranty and Liability

Autonomy on Board constantly endeavors to ensure that the livil FLAGS 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 FLAGS 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.
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.
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.
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.
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.

Applicable Law/Jurisdiction

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 his/her usual place of residence apply.
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 September 2024

livil FLAGS Privacy Policy

Information on the collection of personal data

We provide information on the collection of personal data during the use of our Service livil FLAGS (livil FLAGS). As we are based in the territory of the European Union, the EU General Data Protection Regulation (GDPR) is primarily applicable to our data processing. Personal data are all data that relate to you personally, such as your name, address, email addresses and user behavior as defined in Art. 4 para 1 GDPR.
The controller, as defined by Art. 4, para. 7 GDPR is Autonomy on Board GmbH, Wittekindstrasse 13A, 06114 Halle (Saale), Germany, Email: info@livil.co (see our imprint) and represented by the managing director Nils Holger Frers.
When you contact us by email, chat, telephone, or via a contact form, we will store the data you share with us (your email address and possibly your name and phone number) in order to respond to your questions as well as to be able to provide you with the best possible service in the future. We will erase data obtained in this respect once storage is no longer necessary, or we will restrict the processing of such data where statutory safe-keeping obligations apply. By submitting a query, you grant us your consent to data-processing in accordance with Art. 6 para 1 lit. a GDPR.
In the event that we commission service providers for individual functions of livil FLAGS or would like to use your data for commercial purposes, we will inform you of the relevant procedures in detail below. We will also specify the criteria that have been established for determining the storage period.

Your rights

You have the following rights regarding our use of the personal data that relates to you:
- Right to information
- Right to rectification or deletion
- Right to restriction of processing
- Right to object to processing
- Right to data portability
In addition, you have the right to file a complaint with a data protection supervisory authority concerning our processing of your personal data.
Landesbeauftragter für den Datenschutz Sachsen-Anhalt [Saxony-Anhalt State Commissioner for Data Protection]
Address: Leiterstraße 9, 39104 Magdeburg, Germany
Telephone: +49 391 81803-0
Telefax: +49 391 81803-33
Email: poststelle@lfd.sachsen-anhalt.de

Collection of personal data when using livil FLAGS
When using livil FLAGS we will collect and process the following data:
1. Registration Data: your phone number. In addition, you may enter additional information like your first and your last name. The Registration Data contains your user options, including the terms you have accepted, your privacy settings and the users you have blocked.
2. Usage Data: app-instance identifier, number of users and sessions, session durations, operating systems, device models, geography, first launches, App opens. App updates, in-app purchases.
3. Message Data: messages you receive or send via the livil FLAGS service via voice or via manual text input in any type (e.g. regular messages, Statement, Multiple Choice Questions, Yes / No Questions), including any summarizations generated by livil FLAGS; such Message Data may contain personal identifiable information.
4. Feedback Data: the information you voluntarily give us if we ask you for feedback about the App or the livil FLAGS service.
5. Contact Details: if you provide livil FLAGS access to your contact details stored on your Phone, the names (first name and last name) of your contacts.
6. Location Data: if you provide livil FLAGS access to your location, the location coordinates of your device that you share with your contacts, or the location coordinates your contacts shared with you; your expected time of arrival (“ETA”) according to your navigation or manual input, or the ETA shared with you by contacts
7. Notes and Reminder Data: the notes and reminders you create via voice or via manual text input on the livil FLAGS app
Registration Data
1. The use of the livil FLAGS service and the livil FLAGS App requires a registration at Autonomy on Board via the livil FLAGS mobile App (App). By this registration you enter into an agreement with Autonomy on Board regarding the services which Autonomy on Board provides via the livil FLAGS App. During the registration process you will be requested to enter Registration Data.
2. Autonomy on Board will use the Registration Data (see Section 3.1) only for the purpose of rendering the services of the livil FLAGS service unless otherwise specified in this Declaration. The legal basis for the collection and processing of such data is to perform the contract (Art. 6 para 1 lit. b of the GDPR). Such data will be stored for the term of the contractual relationship.
3. In addition, Autonomy on Board will use your phone number to send you messages for the purpose to inform you about the livil FLAGS service (Information Message). The legal basis for such use is Article 6 para 1 lit f) GDPR. Our legitimate interest arises from the purpose of the processing listed below:
  - Guaranteeing comfortable use of the livil FLAGS service and/or the livil FLAGS App.
  - Each Information Message will contain a link through which you can unsubscribe from the list so that you will not receive such Information Message any longer.
4. The Registration Data and the Information Message may be transferred to a third country outside the European Union (EU) or the European Economic Area (EEA) only based on an adequacy decision in accordance with Art. 45 para 3 GDPR or subject to Standard Contractual Clauses in the meaning of Art. 46 para 2 lit c) GDPR.
Usage Data
1. For the purpose of rendering the services livil FLAGS processes the Usage Data (see Section 3.2). The legal basis for the collection and processing of such data is Art. 6 para lit. b GDPR. It is in our interest to measure the usage of our services and count the people who interact with us to support and improve product targeting and development and to enable the provision of accurate and reliable reporting. Such data will be stored for the term of the contractual relationship.
2. Such data may be transferred to a third country outside the European Union (EU) or the European Economic Area (EEA only on the basis of an adequacy decision in accordance with Art. 45 para 3 GDPR or subject to Standard Contractual Clauses in the meaning of Art. 46 para 2 lit c) GDPR.
Message Data, Location Data, Notes and Reminder Data
1. In principle, all Message Data, Location Data, Notes and Reminder Data (see Section 3) will only be stored and processed within the App on your mobile device (phone). In addition, for the purpose of rendering the services livil FLAGS processes the Message Data which will be sent or received via our own messenger “ Flags” on the servers of Autonomy on Board within the EU only. The legal basis for the collection and processing of such data is Art. 6 para 1 lit. b GDPR. Such data will be stored on our servers until the message is delivered. If the information cannot be delivered, we store the data on our servers for a period of [10] days.
2. The Message Data, Location Data, Notes and Reminder Data will be transmitted in encrypted form. As soon as we use end-to-end encryption, we will inform you accordingly.
3. If you are outside the European Union (EU) or the European Economic Area (EEA), we transfer this Message Data, Location Data, Notes and Reminder Data to a country outside the European Union (EU) or the European Economic Area (EEA) only on the basis of an adequacy decision in accordance with Art. 45 para 3 GDPR or subject to Standard Contractual Clauses in the meaning of Art. 46 para 2 lit c) GDPR.
Feedback Data
1. The Feedback Data will only be used anonymized so that no personal data is used.
Contact Details
1. Only after your explicit consent livil FLAGS will have access to the Contact Details (see Section 3.5) stored on your phone.
2. In principle, all Contact Details (see Section 3.5) will only be stored and processed within the App on your mobile device (phone). In addition, for the purpose of rendering the services livil FLAGS processes the Contact Details Message used within our own messenger “ Flags” on the servers of Autonomy on Board within the EU only. The legal basis for the collection and processing of such data is Art. 6 para 1 lit. a GDPR. Such data will be stored on our servers until the respective message from or to the contact is delivered.
3. If you are outside the European Union (EU) or the European Economic Area (EEA), we transfer this Message Data to a country outside the European Union (EU) or the European Economic Area (EEA) only on the basis of an adequacy decision in accordance with Art. 45 para 3 GDPR or subject to Standard Contractual Clauses in the meaning of Art. 46 para 2 lit c) GDPR.
Third Party Services
1. Via livil FLAGS you can use the services of third parties, like WhatsApp, Gmail, Slack et al, which are offered by such third parties. As far as personal data are used such third parties are the controllers in the meaning of Art. 4, para. 7 GDPR. For more information about the use of personal data please look at the respective privacy policy of the third-party service provider. Please note that with respect to those data you have to exercise your rights you have under the GDPR against such providers.
Objecting or withdrawing consent to the processing of your data
1. If you have consented to the processing of your data, you may withdraw your consent at any time. Such a withdrawal of consent will affect the reliability of the processing of your data after you have sent us the declaration of your withdrawal.
2. To the extent that we process your data on the basis of a balance of interests, you may object to the processing of your data. This is the case, if the processing is not specifically necessary for the fulfillment of a contract, which is indicated by us in each case in the description of functions above. When submitting such an objection, please explain the reasons why we should not process your personal data in the manner implemented by us. In the event of a justified objection, we will review the facts and either cease/adapt the processing of your data or demonstrate our compelling legitimate grounds, on the basis of which we will continue to process the data.

Status September 2024