These terms of use ("Terms of Use") apply to the use of the Kia Connect app ("Kia Connect App") and/or the use of Kia Connect via the car’s head unit ("Head Unit"), which provide you with the opportunity to use certain Kia Connect services ("Services"). The Services are provided by Kia Connect GmbH, registered under the registration number HRB 112541, Theodor-Heuss-Allee 11, 60486 Frankfurt am Main, email: info@kia-connect.eu ("Kia"; "we"; "us"; "our"), to the user of the Services ("User" or "you").

If you have any questions about or in connection with these Terms of Use, you may contact our customer call centre:

Kia Connect GmbH
Email: info@kia-connect.eu
Ordinary mail: Theodor-Heuss-Allee 11, 60486 Frankfurt am Main
Phone number: +49 8005330012

[For customer support, visit our contact form: https://connect.kia.com/eu/customer-support/contact-form/]

For information regarding the personal data collected and processed in connection with the Services, please refer to our Kia Connect Privacy Notice.

2.1.
You may use the Services via the Kia Connect App and/or the Head Unit. If you use theService via the Kia Connect App, you need a Kia Account and may have to connect theKia Connect App with one or more Kia vehicles. To use the Services via the Head Unit,you do not need to sign up and do not need a Kia Account.
2.2.
The use of the Services via the Kia Connect App may require internet access or othertelecommunications services. These Terms of Use do not apply to thetelecommunications services that may be required to use the Services via the KiaConnect App. These are subject to a separate agreement (including charges) with theprovider of your telecommunications services.
2.3.
The purchase agreement on the vehicle and the agreement concerning the provisionof the Services in accordance with the Terms of Use are legally separate businesstransactions and agreements. The performance of one of the agreements shall haveno implications on the respective other agreement. In certain circumstances, this mayresult in the User fulfi lling the purchase agreement on the vehicle without being ableto use the Services. In the opposite case, e.g. in the case of reverse transaction of thepurchase agreement for the vehicle, the agreement for the provision of the Servicesfor the vehicle concerned may be terminated according to section 9.4.
2.4.
All agreements between Kia and you are concluded in the local language version and
English language. After the conclusion of the respective agreement, the text of theagreement will be available for you in the Kia Connect App and/or in the Head Unit.
2.5.
The Kia Connect Services can only be used if the vehicle can receive and also sendinformation. This is the case if the vehicle has not been switched off (ignition off ) formore than seven days. If the vehicle has been switched off for more than seven days,a hard reset is required. To do this yourself, it is suffi cient to hold the reset button inthe head unit for fi ve seconds using a pen while the vehicle is switched on. Thevehicle can then receive data again.
2.6.
The use of Kia Connect Services may be restricted if you connect the Kia Connect Appto third-party applications in violation of its use.

3.1.
The Kia Connect App and the Head Unit enable access to the following Services which are described in more detail in the service descriptions of the respective Service which are part of these Terms of Use (the available services may differ depending on your vehicle model, construction date and trim line – for further information please contact us via the contact details provided in section 1 above).
3.1.1.
KIA CONNECT APP – SERVICES
3.1.1.1.
REMOTE
3.1.1.1.1.
Remote Climate Control (electric vehicles only): The Service enables you to remotely control and schedule the air conditioning of your electric vehicle including defrost functions via the Kia Connect App.
3.1.1.1.2.
Remote Charging (electric and plug-in hybrid vehicles only): The Service enables you to remotely initiate and stop the charging of an electric and plug-in hybrid vehicle's battery and schedule the charging via the Kia Connect App.
3.1.1.1.3.
Remote Door Control: This Service enables you to remotely lock/unlock the vehicle's doors via certain user interfaces. To ensure safety and security when using this Service, the Service will check several pre-conditions. This Service can help in situations where you cannot remember whether you locked the vehicle correctly, allowing you to perform this action remotely.
Do not close the vehicle using the remote door control function while the key fob is inside. Under certain circumstances, it may not be possible to open the vehicle door remotely while the key fob is inside.
3.1.1.1.4.
User Profile Transfer: This Service enables you to check and change vehicle settings on the Kia Connect App. You can back up settings information and apply it to your vehicle.
3.1.1.1.5.
Remote Heated and Ventilated Seats (electric vehicles only): The Service enables you to remotely control the heating and ventilation for the front and rear seats of your electric vehicle.
3.1.1.1.6.
Remote Window Control: This Service enables you to remotely control the windows of your vehicle.
3.1.1.1.7.
Remote Hazard Light Control (for EV6 only): This Service enables you to remotely turn off the hazard lights.
3.1.1.1.8.
Remote Charging Door Control: This Service enables you to remotely control the charging door of your vehicle.
3.1.1.2.
GEOGRAPHIC INFORMATION SYSTEM (GIS)
3.1.1.2.1.
Send to Car: This Service enables you to send a point of interest (POI) to the vehicle's navigation system and immediately receive location information once the vehicle's ignition is turned on.
3.1.1.2.2.
Find my Car and First Mile Navigation: This Service enables you to locate the vehicle and navigate to it using your smartphone. The vehicle's location will be displayed in the Kia Connect App.
3.1.1.2.3.
My Trips: ThisService provides a summary of every journey with date and time, average and maximum speed, distance driven and travel time.
3.1.1.2.4.
Last Mile Navigation: This Service enables you to continue navigating to your final destination using your smartphone after parking your vehicle.
3.1.1.3.
VEHICLE INFORMATION
3.1.1.3.1.
Vehicle Status: This Service presents you with the following vehicle information in the Kia Connect App:

● Door status
● Charging door status
● Boot/bonnet status
● Climate status
● State of charge of battery, charging plug status, charging status (electric vehicles only)
● Fuel level
● Seat heating and ventilation status
● Windows status
● Sunroof status
● 12V battery status
● Lights status
3.1.1.3.2.
Vehicle Report: You receive vehicle diagnostic information and information on driving patterns in the Kia Connect App. This keeps you informed about issues that require maintenance or repairs as well as providing information on the severity of the issue, the urgency of repairs/maintenance and the recommended actions.
3.1.1.3.3.
Vehicle Diagnostic: Provision of an automated diagnostic Service. Upon turning on the ignition, the vehicle automatically performs a diagnostic scan (Diagnostics Trouble Code (DTC)). If a malfunction is detected, you receive a message explaining the malfunction detected, its severity and the recommended action to be taken.
3.1.1.3.4.
Energy consumption: You can visualise current and average energy consumption, driving distance and energy recuperation information in the Kia Connect App.
3.1.1.4.
ALERTS AND SECURITY
3.1.1.4.1.
Vehicle Alert: Notification of an alert. Whenever the window is open while the ignition is off, a notification message will be displayed in the Kia Connect App.
3.1.1.4.2.
Burglar Alarm (only for vehicles that are equipped with a burglar alarm system): Provision of an alarm notification system. Whenever the burglar alarm sounds, a notification message will be displayed in the Kia Connect App.
3.1.1.4.3.
Battery Discharge Alarm: Provision of an alarm notification system. Whenever the state of charge of the 12V battery drops below a certain level, a notification message will be displayed in the Kia Connect App.
3.1.1.4.4.
Rear Passenger Alarm: Provision of an alert notification system. Whenever movement is detected on the rear seat, a notification message will be displayed in the Kia Connect App.
3.1.1.4.5.
Vehicle Idle Alarm: Provision of an alert notification system. Whenever the vehicle is in the parking gear while the engine is running and a door is opened, a notification message will be displayed in the Kia Connect App.
3.1.1.4.6.
High-Voltage Battery Monitoring Warning System: Provision of an alert notification system. The status of the high-voltage battery is monitored; whenever a malfunction is detected, a notification message will be displayed in the Kia Connect App and the Head Unit.
3.1.2.
IN-CAR SERVICES
3.1.2.1.
Kia Connect Live Services include the following:

● Traffic: Live traffic information for calculating routes and displaying the traffic situation; online navigation enables you to navigate to your desired destination based on a combination of real-time and historical traffic information;

● Live point of interest (POI): Information on nearby points of interest based on the current position of the vehicle;

● Weather: Local weather information;

● Parking: On- and off-street parking information based on the current position, nearby destination, nearby scrolled mark, nearby city centre;

● EV POI (only for electric vehicles and plug-in hybrid electric vehicles): Information on nearby charging stations including availability status based on the current position;

● Dealer POI: Location information of nearby Kia dealers based on the current position of the vehicle;

● Camera / danger zone alerts (if legally permissible in your country; see section 15): The system provides alerts in areas where accidents are particularly common and warns you about accident black spots or speed cameras;

● Sports league: Sports league information.
3.1.2.2.
Online Voice Recognition enables the use of spoken commands to access and control the Services and draft and send text messages via a connected mobile device. Online Voice Recognition is operated in an online (cloud) environment. Voice samples and GPS data of the User will be collected and stored in order to perform and improve the Online Voice Recognition service.
3.1.2.3.
Personal Calendar/Navigation Synchronisation: This Service enables you to synchronise your Google Calendar or Apple Calendar on your smartphone with the integrated calendar function of the Head Unit. This allows you to see your private calendar on the Head Unit screen and use it to set a destination. This service is compatible with both Google Calendar and Apple Calendar.
3.1.2.4.
Notification Centre enables you to receive messages from Kia on the Head Unit.
3.1.2.5.
RECALL CAMPAIGN NOTIFICATIONS, SERVICE REMINDERS AND SERVICE ACTION NOTIFICATION:
Kia will:

● inform you about open recall campaign(s) on your vehicle; to do so, Kia will use the Notification Centre referred to above or Kia will send notifications within the Kia Connect App or via email to your registered email address;

● send you reminders for upcoming regular maintenance of your Kia vehicle; to do so, Kia will use the Notification Centre referred to above.


For the sake of transparency, Kia will also use the Notification Centre referred to above as well as sending notifications within the Kia Connect App or via email to your registered email address to inform you about outstanding recommended service actions (such as software updates, part replacements with improved parts or quality checks to be carried out on certain components of your Kia vehicle). For the avoidance of doubt, the provision of information about outstanding recommended service actions is not a Service as defined in the Terms of Use and is subject to your prior consent.
3.1.2.6.
MAPS AND INFOTAINMENT OTA UPDATE
1. “Maps and Infotainment OTA Update” enables:
I. updates of the maps in the vehicle’s navigation system (“Maps Update”); and/or

II. updates of infotainment software or enhancements of Head Unit software (jointly, “Infotainment Update”)

from our servers to the embedded telematics system using the “over-the-air” method.

2. The Maps and Infotainment OTA Update process is carried out in the following steps:
I. Maps and Infotainment OTA Update-enabling software:First of all, your Kia vehicle needs to have installed the software enabling the Maps Update and Infotainment OTA Update functionality.
II. Availability: Your Head Unit will regularly check whether a new Maps Update and Infotainment Update are available.
III. Download and installation: Any available Maps Update and Infotainment Update will be automatically downloaded and installed to your Head Unit if you have (i) confirmed the respective download and installation of the Maps Update and Infotainment Update in your Head Unit or (ii) activated the automatic download and installation of Maps Updates and Infotainment Updates. You can still use your infotainment system during the download and installation.
IV. Finalisation: Before finalising the Maps Update and Infotainment Update, you will be asked how you want to proceed via the Head Unit. You can choose between two options: (i) finalise now or (ii) later. If you select “Finalise now”, the system will finalise the update. You cannot use the Head Unit during the finalisation of the Maps Update and Infotainment Update as the screen will turn off. If you select “Later”, the pop-up for finalisation will be displayed the next time the ignition is turned on.
V. Automatic finalisation: If you activate “Automatic finalisation”, the Maps Update and Infotainment Update will start automatically after 30 seconds and future Maps Updates and Infotainment Updates will be finalised automatically without any additional notification to you or action necessary by you.
VI. Details: If you select “Details”, you will receive more information about the Maps Update and Infotainment Update.

3. If you are the first owner of a new Kia vehicle with the model year 2022, which is “Maps and Infotainment OTA Update” capable and was sold from May 2021 onwards, you will be entitled to at least two Maps Updates and Infotainment Updates free of charge (“Free-of-Charge Infotainment OTA Updates”). Once you have used the Free-of-Charge Infotainment OTA Updates, you will be able to get Maps Updates and/or Infotainment Updates for free (i) by accessing the following web page https://update.kia.com/EU/E1/Main or (ii) at the dealership. For the avoidance of doubt, these Maps Updates and/or Infotainment Updates from the web page and at the dealership are not offered to you via the “over-the-air” method.

4. The Maps and Infotainment OTA Update is part of the Services requested by you and is therefore activated by default.


Further information on the update process and details of the content of each Maps Update and Infotainment Update will be provided via your Head Unit.
3.1.2.7.
Like button for USB music and radio: The like button for USB music and radio allows you to select and create a playlist with your favourite songs. You can like or unlike songs via the like button integrated in the music function of the infotainment system.
3.1.2.8.
Valet Parking Mode: When this function is activated in the Head Unit and the vehicle is being driven by another person, you can monitor the vehicle location, the time the ignition was turned off last, the driving time, driving distance and top speed in the Kia Connect App.
3.1.2.9.
Valet Alert: When activated in the Head Unit, this Service enables you to receive notifications in the Kia Connect App if your vehicle travels beyond the selected distance limit, speed limit and idle time limit you have preset in the Kia Connect App. The permitted travel distance is from the location where the alert was activated.
3.1.2.10.
Geofence Alert: When activated in the Head Unit, this Service enables you to receive notifications in the Kia Connect App if your vehicle exits an allowed area or enters a restricted area. You can set the boundaries for allowed areas and restricted areas from the Kia Connect App.
3.1.2.11.
Speed Alert: When activated in the Head Unit, this Service enables you to receive notifications in the Kia Connect App if your vehicle exceeds the speed limit you have preset in the Kia Connect App.
3.1.2.12.
Time Fencing Alert: When activated in the Head Unit, this Service enables you to receive notifications in the Kia Connect App if your vehicle is driven outside of the time windows you have preset in the Kia Connect App.
3.1.2.13.
Idle Alert: When activated in the Head Unit, this Service enables you to receive notifications in the Kia Connect App if your vehicle is driven beyond the idle time limit you have preset in the Kia Connect App.
3.2.
The following Services require the collection and processing of location data (GPS data): Home menu map and search bar, Kia Connect Live Services, Online Voice Recognition, Personal Calendar/Navigation Synchronisation, Notification Centre, Recall Campaigns Notifications and Service Reminders, Map and Infotainment OTA Updates, Remote Climate Control (electric vehicles only), Remote Charging, Remote Door Control, Send to Car, Find my Car, My Trips, Vehicle Status, Vehicle Report, Vehicle Diagnostic, Vehicle Alert and Burglar Alarm. Without the collection and processing of location data, the respective Service(s) cannot be provided/used.
3.3.
We will further analyse and improve the Services to develop new mobility and mobility-related products and/or services, to secure our products and/or to improve our services. For these purposes, we automatically analyse the data based on statistical and mathematical models to identify potential for improvements.
3.4.
The Services can be turned off by deactivating

1. Services via your Head Unit; and/or

2. Services and/or Maps and Infotainment OTA Updates via the Kia Connect App

4.1.
The entire content of the Services is the property of Kia, its direct or indirect subsidiaries or affiliated companies (hereinafter referred to collectively as "Kia Group") or third parties and is protected by applicable copyright law with all rights reserved. All rights in the Services, the underlying software, the content and arrangement are owned by Kia Group and its licensors. You must not sell, distribute, publish, broadcast, circulate or commercially exploit the Services in any manner without our express written consent. You may not reproduce (in whole or part), transmit (by electronic means or otherwise), modify, display, redeliver, license, link or otherwise use the Services for any public or commercial purpose without our prior permission.
4.2.
Nothing in these Terms of Use shall be construed as granting a licence or right to use any image, trademark, service mark or logo, all of which are the property of Kia Group. Kia Group reserves all rights with respect to its proprietary information or material in connection with the Services and will enforce such rights to the full extent of applicable copyright and trademark law.

5.1.
You are obligated to comply with applicable law and respect the rights of third parties when using the Services.
5.2.
In addition, you must not misuse the Services.
5.3.
Make sure you do not alter your vehicle (including hardware and software changes as well as the use of third-party software) in such a way that the functionality of the Services may be affected.
5.4.
With regard to the use of the Head Unit:
5.4.1.
You must not use the SIM card used for the provision of the Services: (a) for the transmission of voice (including VOIP); (b) to access a publicly addressable destination (i.e. public IP address) including through the use of a proxy, gateway or routing; (c) in any way that attempts to penetrate security measures whether or not the intrusion results in the corruption or loss of data; (d) in any way that uses the Services or software relating to internet relay chat, peer-to-peer file sharing, bit torrent or proxy server networks; (e) in a way that involves spamming, the sending of bulk unsolicited emails or commercial messages or maintaining an open SMTP relay; or (f) in any way that causes the network to be impaired.
5.4.2.
You must not publish any results of any benchmark or performance tests of the SIM card, the network, the Services or a component thereof to any third parties.
5.4.3.
To the extent that you use the SIM card for the provision of the Services, we need to inform you about the following: the 4G/LTE services (provided by an external service provider) are only available on compatible devices (i.e. the Head Unit) which support the particular 4G/LTE frequency of the specific roaming network. Where 4G/LTE services cannot be provided, 2G or 3G services will be provided subject to the availability of, and compatibility of the Head Unit with, such networks.

Unless otherwise stated in these Terms of Use in relation to the respective Services, the Services are provided free of charge for a period of 7 years commencing on the day the vehicle is sold to the first owner of the vehicle, i.e. the point in time the initial purchase agreement becomes effective. We reserve the right to propose additional services in the future subject to separate terms of use.

If you are the first owner of a new Kia vehicle with the model year 2022, which is “Maps and Infotainment OTA Update” capable and was sold from May 2021 onwards, you will be entitled to at least 2 Maps Updates and Infotainment Updates free of charge (“Free-of-Charge Infotainment OTA Updates”). Once you have used the Free-of-Charge Infotainment OTA Updates, you will be able to get Maps Updates and/or Infotainment Updates for free (i) by accessing the following web page https://update.kia.com/EU/E1/Main or (ii) at the dealership. For the avoidance of doubt, these Maps Updates and/or Infotainment Updates from the web page and at the dealership are not offered to you via the “over-the-air” method.

7.1.
We reserve the right to temporarily or permanently deactivate access to the Services in whole or in part for technical and security reasons (e.g. in the event of gaps in security) and other important reasons.
7.2.
The provision and use of the Services may be subject to restrictions beyond the scope of our control with regard to the current state of the art. In particular, this relates to the availability of the data connections provided by carriers. In individual cases, the non-availability of the network can lead to the Services not being available as the necessary data transfer cannot occur. In addition, short-term capacity bottlenecks can arise from peak loads on the Services, wireless and fixed networks and on the internet.
7.3.
Disruptions can also arise due to force majeure, including pandemic and epidemic diseases, strikes, lockouts and official orders, and on account of technical and other measures (e.g. repairs, maintenance, software updates and extensions) necessary on our systems or those of downstream or upstream providers, content providers and network operators, which are necessary for the proper or improved performance of the Services.
7.4.
Where access to the Services is deactivated, restricted or disrupted as described in this Section 7, to the extent possible we will contact you in advance to inform you of this and give a reason for the deactivation, restriction or disruption.

For information on how we collect and process personal data in connection with the provision of the Services, please refer to our Kia Connect Privacy Notice.

You shall inform any other user/driver of the vehicle that the Services are activated. You shall in particular inform such other user/driver about the data processing activities described in the Kia Connect Privacy Notice and the fact that the Services require the collection and processing of location data (GPS data).

9.1.
The right to use the Services commences on the day the vehicle is sold to the first owner of the vehicle, i.e. the point in time the initial purchase agreement becomes effective, and automatically expires after 7 years.
9.2.
The agreement concerning the provision of the Services and thereby the right to use the Services can be terminated by you at any time with 6 weeks' notice, to the end of a calendar quarter.
9.3.
Either party's right to terminate for good cause remains unaffected.
9.4.
Furthermore, in the event of the reversal of the purchase agreement for a vehicle, the reacquisition or other withdrawal of the vehicle by the relevant dealer, the termination of a leasing agreement, the sale of the vehicle to a third party, theft or total damage beyond repair, each party shall be entitled to the termination of the Services with regard to the vehicle concerned. The termination shall become valid as soon as one party receives the notice of termination. In case of sale or transfer of possession of the vehicle to a third party, you shall delete the data stored in the vehicle.
9.5.
We reserve the right to temporarily or permanently block and/or revoke the use of the Services in case of a material breach of these Terms of Use and, in case of a material breach by you of these Terms of Use, to terminate the contract.
9.6.
If you sell your vehicle or otherwise provide it to a third party on a permanent basis, make sure that you deactivate the Services in the Head Unit. In this case the vehicle is disconnected from the Kia Connect App but the Kia Account data in the Kia Connect App will not be deleted.

10.1.
Kia reserves the right to make reasonable changes to the Terms of Use and/or to the Services. In particular, we occasionally make legally required updates, which are changes that keep our Services compliant with applicable law. We may also make these updates to our Services for security reasons and to ensure that they meet expected quality standards (e.g. those described in the Statutory Warranty section). Furthermore, we may change our Services for the following additional reasons:

● to adapt to new technologies;

● to accommodate an increase or decrease in the numbers of users of the Services;

● to adapt to import changes in licenses or partnerships with third parties; and

● to prevent abuse or damage.
10.2.
You will be notified by us about any changes to these Terms of Use and/or the Services. If you do not reject these changes in text form (e.g. email, fax) within the deadline mentioned in the notification after receipt of the notification, the changes are deemed to be agreed. We will expressly notify you about the right to reject and the consequences of being silent.
10.3.
If you reject, we reserve the right to terminate any right to use the affected Service(s) with 6 weeks' notice, to the end of a calendar quarter.

11.1.
These Terms of Use are the entire agreement of the parties with respect to the subject matter of the use of the Services and supersede all prior agreements, written or oral, between the parties with respect to the subject matter.
11.2.
Deviating, conflicting or supplementing terms and conditions of the User shall only govern the use of the Services if explicitly accepted by us in writing.
11.3.
Any amendments and additions to the Terms of Use as well as notifications necessary for their execution require text form (including email, fax) to be effective. The text form requirement can only be overruled in text form.
11.4.
We are entitled to assign our rights and duties under this agreement to another service provider either in full or in part by providing 6 weeks' notice to you. In this case, however, you shall be entitled to terminate the agreement within one month after receipt of the written notification effective at the time of the intended assignment of the agreement to the company which is taking over from Kia in the agreement. We shall expressly inform you of this right of termination in the written notification. For the avoidance of doubt, this right is without prejudice to your right to terminate the Terms of Use and thereby the right to use the Services at any time upon 6 weeks' notice as stipulated in Section 9.2.

12.1.
You may use the contact details set out in Section 1 above in case of questions or complaints.
12.2.
The European Commission provides a website for online dispute resolution, dedicated to helping consumers and traders resolve their disputes out of court, available at http://ec.europa.eu/consumers/odr/. Kia does not and is not obligated to participate in alternative dispute resolution procedures before an alternative dispute resolution entity for consumers.

If you are a consumer (i.e. a natural person who places the order for a purpose that cannot be attributed to your commercial or self-employed professional activity), you have a right of withdrawal in accordance with the statutory provisions with regard to this agreement on the provision of the Services.
13.1.
RIGHT OF WITHDRAWAL
You have the right to withdraw from this contract within fourteen days without giving any reason.

The withdrawal period will expire after 14 days from the day of the conclusion of the contract.

To exercise the right of withdrawal, you must inform us (Kia Connect GmbH, Theodor-Heuss-Allee 11, 60486 Frankfurt am Main, Germany, telephone number: +49 800 7773044 and email address: support@kia-connect.eu) of your decision to withdraw from this contract by making an unequivocal statement (e.g. a letter sent by post or email). You may use the attached model withdrawal form, but it is not obligatory. You can also fill in and submit the model withdrawal form or any other unequivocal statement electronically on our website at https://connect.kia.com/eu/customer-support/contact-form. If you use this option, we will communicate to you an acknowledgement of receipt of such a withdrawal on a durable medium (e.g. by email) without delay.

To meet the withdrawal deadline, it is sufficient for you to send the communication concerning your exercising of the right of withdrawal before the withdrawal period has expired.
13.2.
EFFECTS OF WITHDRAWAL
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.

In the case of contracts for the supply of digital content that is not supplied on a tangible medium, the right of withdrawal also expires under the following conditions:


1. In the case of a contract which does not oblige you to pay a price if Kia has begun with the performance of the contract;

2. In the case of a contract which obliges you to pay a price if Kia has begun with the performance of the contract:
1. you have provided prior express consent that Kia shall begin the performance of the contract before the expiry of the withdrawal period,
2. you have acknowledged that with your consent pursuant to 13.2 b) (i), you thereby lose your right of withdrawal with the commencement of the performance of the contract; and
3. Kia has provided you with confirmation in accordance with Section 312f German Civil Code (Bürgerliches Gesetzbuch, "BGB").
13.3.
MODEL WITHDRAWAL FORM
(Complete and return this form only if you wish to withdraw from the contract)

● To Kia Connect GmbH, Theodor-Heuss-Allee 11, 60486 Frankfurt am Main, Germany, [email address]:
● I/We (*) hereby give notice that I/we (*) withdraw from my/our (*) contract for the provision of the following service (*),
● Ordered on (*) / received on (*),
● Name of consumer(s),
● Address of consumer(s),
● Signature of consumer(s) (only if this form is submitted on paper),
● Date
(*) Delete as appropriate.

By law and under these Terms of Use, you have the right to (1) a certain quality of service and (2) options to remedy problems if something is not working. If you are a consumer, you have all legal warranty rights granted to consumers under applicable law and any additional rights defined in these Terms of Use.

The following liability applies to you depending on the country in which you have your habitual residence:

Austria
Kia shall not be subject to any liability other than (1) liability for gross negligence or intent and (2) liability for culpably caused bodily harm or death.

Belgium
15.1 To the fullest extent permitted by applicable law, Kia’s contractual and extra-contractual liability shall, irrespective of its legal ground (whether on warranty, contract, tort, negligence or otherwise, including for latent/hidden defects), for losses and damages arising out of or in connection with the provision of the Services or any delay or interruption in the provision of the Services, be limited as follows: 15.1.1 Kia shall be liable up to the amount of foreseeable damages typical for this type of contract due to a breach of material contractual obligations; 15.1.2 Kia shall not be liable due to a breach of any non-material contractual obligations nor for any slightly negligent breach of any other duty of care applicable; and 15.1.3 Kia shall not be liable for any special, indirect or consequential damages, including, but not limited to, loss of use, of data, of profits, of savings, of opportunity, of goodwill, as well as for claims from third parties (even if Kia has been advised of the possibility of such damage). 15.2 The aforesaid limitations of liability do not apply to (i) any mandatory statutory liability (such as liability for defective products), (ii) liability for personal injuries or death caused by any act or omission of Kia, (iii) any liability for fraud or gross negligence, or (iv) any other liability which cannot be limited or excluded by law. In addition, such limitations of liability shall not apply if and to the extent that Kia has assumed a specific guarantee.

Czech Republic
15.1 Kia's contractual and statutory liability for damages caused by slight negligence shall, irrespective of its legal ground, be limited as follows: a) Kia shall be liable up to the amount of the foreseeable damages typical for this type of agreement due to a breach of contractual obligations; b) Kia shall not be liable for any indirect damage which may result from the use of the Services. 15.2 The aforesaid limitations of liability shall not apply to mandatory statutory liability, in particular to liability for gross negligence or wilful misconduct, harm caused to the natural rights of an individual or to liability for defective products. In addition, such limitations of liability shall not apply with respect to weaker parties in the meaning of Section 433 (2) of the Czech Civil Code and if and to the extent that Kia has assumed a specific guarantee. 15.3 Sections 15.1 and 15.2 apply accordingly for Kia's liability for wasted expenditures. 15.4 You are obliged to take reasonable efforts for the prevention and minimisation of damages.

France
15.1 Kia's contractual liability for damages caused by slight negligence shall be limited as follows: 15.1.1 Kia shall be liable up to the amount of the foreseeable damages typical for this type of agreement due to a breach of contractual obligations; 15.1.2 Kia shall not be liable for any indirect damage which may result from the use of the Services; 15.1.3 Kia shall not be liable for any damage caused by a force majeure event (i.e. an event beyond Kia's control and which could not reasonably have been foreseen at the time of conclusion). 15.2 The aforesaid limitations of liability shall not apply to any mandatory statutory liability, in particular to liability for gross negligence and/or wilful misconduct, liability for defective products, and liability for personal injuries. In addition, such limitations of liability shall not apply if and to the extent that Kia has assumed a specific guarantee. 15.3 Sections 15.1 and 15.2 apply accordingly for Kia's liability for wasted expenditure.

Germany
15.1 Kia's contractual and statutory liability for damages caused by slight negligence shall, irrespective of its legal ground, be limited as follows: 15.1.1 Kia shall be liable up to the amount of the foreseeable damages typical for this type of agreement due to a breach of material contractual obligations; 15.1.2 Kia shall not be liable for the slightly negligent breach of any other applicable duty of care. 15.2 The aforesaid limitations of liability shall not apply to any mandatory statutory liability, in particular to liability for wilful misconduct, liability under the German Product Liability Act (Produkthaftungsgesetz), and liability for culpably caused personal injuries. In addition, such limitations of liability shall not apply if and to the extent that Kia has assumed a specific guarantee. 15.3 Sections 15.1 and 15.2 apply accordingly for Kia's liability for wasted expenditures. 15.4 You are obliged to take reasonable efforts for the prevention and minimisation of damages. 15.5. Kia is not liable for the use of camera / danger zone alerts prohibited under Sec. 23 para. 1c of the German Road Traffic Act ("StVO") (see Section 15). 15.6 TomTom Global Content B.V. is not liable for the use of camera / danger zone alerts prohibited under Sec. 23 para. 1c "StVO" (see Section 16). 15.7 HERE Europe B.V. is not liable for the use of camera / danger zone alerts prohibited under Sec. 23 para. 1c "StVO" (see Section 16).

Hungary
15.1 To the fullest extent permitted by applicable law, Kia’s contractual and extra-contractual liability shall, irrespective of its legal ground (whether on warranty, contract, tort, negligence or otherwise, including for latent/hidden defects), for losses and damages arising out of or in connection with the provision of the Services or any delay or interruption in the provision of the Services, be limited as follows: 15.1.1 Kia shall be liable up to the amount of foreseeable damages typical for this type of contract due to a breach of material contractual obligations; 15.1.2 Kia shall not be liable due to a breach of any non-material contractual obligations, nor for any slightly negligent breach of any other duty of care applicable; and 15.1.3 Kia shall not be liable for any special, indirect or consequential damages, including, but not limited to, loss of use, of data, of profits, of savings, of opportunity, of goodwill, as well as for claims from third parties (even if Kia has been advised of the possibility of such damage). 15.2 The aforesaid limitations of liability shall not apply if and to the extent that Kia has assumed a specific guarantee. Nothing in these Terms of Use will limit or exclude Kia's liability for (i) death or personal injury resulting from Kia's negligence or the negligence of Kia employees or agents; (ii) wilful misconduct; (iii) breach of obligations deriving from public order rules; and (iv) any other case where Kia's liability may not be limited or excluded under applicable law.

Italy
15.1. Kia's liability for damages caused by slight negligence shall be limited as follows: 15.1.1 Kia shall be liable up to the amount of the foreseeable damages typical for this type of contract due to a breach of material contractual obligations; 15.1.2 Kia shall not be liable for the slightly negligent breach of any other applicable duty of care; 15.1.3 The aforesaid limitations of liability shall not apply if and to the extent that Kia has assumed a specific guarantee. Nothing in these Terms of Use will limit or exclude Kia's liability for (i) death or personal injury resulting from Kia's negligence or the negligence of Kia employees or agents; (ii) gross negligence or wilful misconduct; (iii) breach of obligations deriving from public order rules; and (iv) any other case where Kia's liability may not be limited or excluded under applicable law. 15.2 Sections 15.1 and 15.2 apply accordingly for Kia's liability for wasted expenditure. 15.3 You are obliged to take reasonable efforts for the prevention and minimisation of damages.

The Netherlands
15.1 To the extent permitted under applicable mandatory law, Kia shall not be liable on any ground whatsoever for any damage arising from or in connection with the agreement for the provision of Services or the Services themselves. The foregoing shall not apply in case any liability results from gross negligence or wilful misconduct of Kia's executive management. 15.2 You are obliged to take reasonable efforts for the prevention and minimisation of damages.

Norway
15.1 Kia's contractual and statutory liability for damages caused by slight negligence shall, irrespective of its legal ground, be limited as follows: 15.1.1 Kia shall be liable up to the amount of the foreseeable damages typical for this type of contract due to a breach of material contractual obligations; 15.1.2 Kia shall not be liable for the slightly negligent breach of any other applicable duty of care; 15.1.3 Kia's liability shall be limited to NOK 5,000 per occurrence. 15.2 The aforesaid limitations of liability shall not apply to any mandatory statutory liability, including liability under the Norwegian Product Liability Act. In addition, such limitations of liability shall not apply if and to the extent that Kia has assumed a specific guarantee.

Poland
15.1 Kia shall not be liable for actual loss and/or loss of profits, unless it is caused by wilful misconduct on the part of Kia. 15.2 The aforesaid limitations of liability shall not apply to any mandatory statutory liability, in particular to liability for wilful misconduct, liability under the Polish Product Liability Act (Ustawa z dnia 12 grudnia 2003 r. o ogólnym bezpieczeństwie produktów), liability regarding dangerous products under the Polish Civil Code (Ustawa z dnia 23 kwietnia 1964 r. Kodeks Cywilny) and liability for culpably caused personal injuries.

Republic of Ireland
15.1 Kia is responsible to you for foreseeable loss and damage caused by Kia. If Kia fails to comply with these Terms of Use, Kia shall be responsible for loss or damage you suffer that is a foreseeable result of Kia breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable either if it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen. 15.2 Kia does not exclude or limit in any way its liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by Kia's negligence or the negligence of its employees, agents or subcontractors or for fraud or fraudulent misrepresentation. 15.3 Kia is not liable for business losses. We only supply the Services for private use. If you use the products for any commercial, business or re-sale purpose, Kia will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

Slovakia
15.1 To the extent permitted by the applicable Slovak laws, Kia's contractual and statutory liability for damages (in particular, actual losses and loss of profit) shall, irrespective of its legal ground, be limited. Kia shall be liable for damages only up to the amount of the damages Kia foresaw, or which Kia could have foreseen as a possible result of the breach of Kia’s obligation, at the time of the execution of the contract, taking into account all the facts Kia knew or should have known by exercising due care. 15.2 The aforesaid limitations of liability shall not apply to any mandatory statutory liability. In addition, such limitations of liability shall not apply if and to the extent that Kia has assumed a specific guarantee. 15.3 You are obliged to take reasonable efforts for the prevention and minimisation of damages.

Spain
15.1 Kia does not limit its mandatory statutory liability, including but not limited to liability for wilful misconduct and liability for culpably caused personal injuries. 15.2 Section 15.1 applies accordingly for Kia's liability for wasted expenditure.

Sweden
15.1 Kia shall not be liable for direct or indirect loss or damage, unless Kia has caused the loss or damage through wilful misconduct or gross negligence. 15.2 The aforesaid limitations of liability shall not apply to any mandatory statutory liability, in particular to liability for wilful misconduct, liability under the Swedish Product Liability Act (Produktansvarslagen), and liability for culpably caused personal injuries. In addition, such limitations of liability shall not apply if and to the extent that Kia has assumed a specific guarantee. 15.3 Sections 15.1 and 15.2 apply accordingly for Kia's liability for wasted expenditure. 15.4 You are obliged to take reasonable efforts for the prevention and minimisation of damages.

UK
15.1 Kia is responsible to you for foreseeable loss and damage caused by Kia. If Kia fails to comply with these Terms of Use, Kia shall be responsible for loss or damage you suffer that is a foreseeable result of Kia breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen. 15.2 Kia does not exclude or limit in any way its liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by Kia's negligence or the negligence of its employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the Services including the right to receive Services which are supplied with reasonable skill and care. 15.3 Kia is not liable for business losses. We only supply the Services for private use. If you use the products for any commercial, business or re-sale purpose, Kia will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

The below table contains specific local law amendments depending on the country in which you have your habitual residence.

Belgium
Section 4.1 last sentence will be amended as follows: Without prejudice to mandatory rights under applicable law, you may not reproduce (in whole or part), transmit (by electronic means or otherwise), modify, display, redeliver, license, link or otherwise use the Services for any public or commercial purpose without our prior permission. Section 11.4 paragraph 1 will be amended as follows: We are entitled to assign our rights and duties under this agreement either in full or in part to another service provider by providing 6 weeks’ notice to you, and this, without your approval provided that this assignment does not reduce your guarantees as a consumer. Section 13 will be amended as follows: You expressly agree that the execution of the contract begins, with your approval, on the day on which you register for the Kia Account (in the case of the Kia Connect App) and accept the present Terms of Use and therefore recognise that you lose your right of withdrawal, in accordance with Article VI.53,13 of the Belgian Code of Economic Law.

Czech Republic
Section 12.2 will be deleted and replaced as follows: If you are a consumer, apart from lodging a claim before Czech courts or in other jurisdiction, if permitted by applicable laws, you are also entitled to alternative resolution of a consumer dispute arising out of or in connection with the agreement governed by these Terms of Use through an approved alternative dispute resolution body. You can find the current list of approved alternative dispute resolution bodies as well as further information on the applicable ADR procedure on the website of the Czech Trade Inspection Authority: https://www.adr.coi.cz. You may also submit a complaint online to an ADR via the online dispute resolution (ODR) platform available here: http://ec.europa.eu/consumers/odr/. Section 13 will be deleted and replaced as follows: You acknowledge and expressly agree that the execution of the agreement concerning the provision of the Services begins, with your approval, on the day on which you accept the present Terms of Use and therefore recognize that you lose the right of withdrawal, in accordance with Section 1837 (l) of the Czech Civil Code.

Germany
Section 3.1.2.1 will be supplemented as follows: It is expressly noted that Sec. 23 para. 1c of the German Road Traffic Act (Straßenverkehrsordnung, "StVO") prohibits the use of the vehicle's speed camera alert when driving in Germany. You are obligated to keep the speed camera alert deactivated, comply with applicable law and respect the rights of third parties when using the Services.

Hungary
These Terms of Use are concluded in electronic form. The Terms of Use will be concluded upon activation of the Services with the "I AGREE" button. The Terms of Use are not considered to be in writing and you will be able to store, access and reproduce the Terms of Use on your data carrier or electronic medium. We will provide the technical means for identifying and correcting input errors by electronic processing before making any legally binding statement. Section 12.2 does not apply to you if you are a consumer.

Netherlands
Section 10.1 will be supplemented as follows: Kia reserves the right to make reasonable changes to the Terms of Use and/or to the Services. You will be notified by us about any changes to these Terms of Use and/or to the Services. Any such change will take effect 6 weeks after receipt of the notification thereon by you.

Poland
Section 13 will be deleted and replaced as follows: You do not have a right of withdrawal. This applies even in case you are a consumer, as the use of the Kia Connect App and any Services consists of the supply of digital content not recorded on a durable medium by Kia to you. If you are a consumer, you acknowledge and agree that by downloading the Kia Connect App you consent to the immediate start of performance by Kia and you do not have the right of withdrawal.

Effective from Dec. 2022