Last updated on 15th April 2025

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. Subscriptions
   1. The use of livil requires the user to have a valid subscription. After installing the app, the user can choose between a monthly subscription plan and a yearly subscription plan. Both types of subscription offer full, unrestricted functionality of the livil service.
   2. The pricing for the monthly subscription plan and the yearly subscription plan is subject to change and can be viewed in the app or on the App Store.
   3. Payment is taken monthly or annually, depending on the user’s subscription plan.
   4. A “Free Trial” is offered to new subscribers to the monthly or annual subscription plan. The duration of the Free Trial is one week. During this time, the user can access the livil service free of charge. After the Free Trial period, the paid selected subscription plan starts automatically, unless the user cancels before the trial ends.
   5. Subscriptions auto-renew unless auto-renew is turned off at least 24 hours before the end of the current billing cycle.
   6. A user can turn off auto-renew on iPhone and cancel a subscription through their Apple ID account settings. On iPhone, a user can go to Settings / Your Name / Subscriptions and select the livil service they are subscribed to.
   7. After cancellation, the livil service remains accessible until the of the billing cycle. Refunds for current or past billing cycles are not issued automatically.
   8. Refunds are handled by Apple. Apple provides information on requesting a refund here: https://support.apple.com/en-us/HT204084/
   9. Autonomy on Board may at their sole discretion offer “Promo Codes” to individual users. Promo Codes can be entered on the App Store to reduce the individual user’s price for the different subscription plans. Unless otherwise stated they can be used once, and can be used together with further promotions or discounts. Promo codes can be issued to individual users (new and existing) for the individual apps and are valid for a minimum of 2 weeks from issuance.
   10. Autonomy on Board reserves the right to change subscription terms or pricing for the livil service, with prior notification to users.

9. 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.

10. 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: 25th April 2025

Last updated on 15th April 2025

1. Information on the collection of personal data
   1. We provide information on the collection of personal data during the use of our Service livil (which can be used via our websites, the “livil FLAGS” Smartphone App, the “In-Car Office” Smartphone App and the “In-Car Messenger” Car App). 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.
   2. 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 Frers.
   3. 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.
   4. In the event that we commission service providers for individual functions of the Apps 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.

2. Your rights

   1. You have the following rights regarding our use of the personal data that relates to you:

      • The right to information
      • The right to rectification and deletion
      • The right to restriction of processing
      • The right to object to the processing
      • The right to data portability

   2. 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
      

3. Collection of personal data when using livil
   1. Registration Data: your phone number, your first and your last name and your email address. The Registration Data contains your user options, including the terms you have accepted.
   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, import or send via the livil service via voice or via manual text input in any type (e.g. regular messages or emails, Statement, Multiple Choice Questions, Driving Status information), including any summarizations and smart responses generated by livil; such Message Data may contain personal identifiable information.
   4. Calendar Data: the events you receive, import or send via the livil service via voice or via manual text input in any type.
   5. Feedback Data: the information you voluntarily give us if we ask you for feedback about the Apps or the livil service.
   6. Contact Details: if you provide livil access to your contact details stored on your Phone, the names (first name and last name) and the contact numbers, email addresses or handles of your contacts.
   7. Location Data: if you provide livil 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.
   8. Notes and Reminder Data: the notes and reminders you create via voice or via manual text input on the Apps.

4. Registration Data
   1. The use of the livil service and the livil FLAGS App as well as the In-Car Office App requires a registration at Autonomy on Board via the livil FLAGS mobile App or In-Car-Office App. By this registration you enter into an agreement with Autonomy on Board regarding the services which Autonomy on Board provides via the Apps. During the registration process you will be requested to enter Registration Data.
   2. Autonomy on Board will use the Registration Data (see Section 3.a) only for the purpose of rendering the services of the livil 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 or email address to send you messages for the purpose to inform you about the livil 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.

5. Usage Data
   1. For the purpose of rendering the services livil 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.

6. Message Data, Calendar Data, Location Data, Notes and Reminder Data

   1. Depending on the content provider, Message Data, Calendar Data, Location Data, Notes and Reminder Data (see Section 3) may be processed on livil-operated servers in the EU only, for example for summarization, smart response functionalities or push notification delivery.
      In addition, for the purpose of rendering the services livil processes the Message Data which will be sent or received via our own messenger “Flags” on livil-operated servers. The legal basis for the collection and processing of such data is Art. 6 para 1 lit. b GDPR. Such data will transit livil-operated 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, Calendar 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. livil does not share, transfer or disclose Google User Data. All sensitive data, including Google User Data, is encrypted. Google User Data does not leave the handset.

   4. If you are outside the European Union (EU) or the European Economic Area (EEA), we transfer this Message Data, Location Data, Calendar 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.

   5. Where users connect their Google or Microsoft accounts, livil accesses certain data in accordance with the permissions granted. This includes:

      • Email data (e.g. Gmail, Outlook): Used solely to enable users to send, receive, and manage emails within the app using voice and touch interactions.
      • Calendar data: Used to allow users to view, create, update, and RSVP to events, accessible via voice and touch.
      • Contacts data (e.g. via Google People API or Microsoft equivalent): Used exclusively to help users search and select recipients from their contact lists when composing messages.

      This access is used only to facilitate user-initiated actions and to deliver the app’s core functionality. No such data is stored on livil-operated servers or shared with third parties.

7. Feedback Data
   1. The Feedback Data will only be used anonymized so that no personal data is used.

8. Contact Details

   1. Only after your explicit consent livil 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 Apps on your devices (phone and/or car).
      In addition, for the purpose of rendering the services livil 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.

9. Third Party Services
   1. Via livil 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.

10. 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: April 2025