- Introduction
Vive Technologies Ltd (“Vive”, “we”, “our”, or the “Company”) welcomes you (the “User/s” or “you”) to our website(s) at [https://www.vive.download] and any additional websites owned and operated by Vive (the “Site”) and to our downloadable mobile application (the “App”) and related services (collectively referred to as the “Service/s”, as further detailed below).
By entering, connecting to, accessing, or using the Service, you acknowledge that you have read and understood the following terms and conditions and privacy policy (collectively, the “Terms”) and you agree to be bound by them and to comply with all applicable laws and regulations regarding your use of the Service and you acknowledge that these Terms constitute a binding and enforceable legal contract between Vive and you.
If you do not agree to these terms, please do not connect, access, download, or use the service in any manner.
By accepting these Terms, you represent that any and all information you provide us through the Service is true and accurate. The provision of any false or fraudulent information is strictly prohibited.
You further consent to receive communications from us electronically. We may communicate with you in a variety of ways, such as by e-mail, in-app push notifications, or by notices and messages on the Site. You may contact Vive at any time should you not wish to receive any individually targeted communications.
Please note: Vive Collaborates with and provides information on Third-Party services providers via the service. Such Third-Party providers are independent from the service and the company is in no way responsible for, liable for, nor makes any representations on behalf of, such Third-Party providers. You further acknowledge and agree that Vive shall not be responsible of Liable, directly or indirectly for any damage or loss whatsoever caused, or alleged to be caused, by or in connection with the use of or reliance on any good, services, content, products or other materials available on or through any Third-Party providers.
- The Vive QR Sticker and Vive Account
2.1 The Vive QR Sticker is a vinyl intelligent sticker with a QR code which is to be affixed to the windscreen/front of a vehicle that electronically stores information and allows you to communicate via a messaging and a calling system with other users without disclosing personal information about you, including your mobile number (the “Vive QR Sticker”).
2.2 Once you download the App you can follow the steps provided in order to set up an account, which will store information about the User’s:
2.2.1 name and surname;
2.2.2 date of birth;
2.2.3 gender;
2.2.4 country;
2.2.5 photo (optional);
2.2.6 email address; and
2.2.7 phone number.
(the “Vive Account”).
2.3 Following the set-up of a Vive Account you may purchase a Vive QR Sticker where you will be requested to input your:
2.3.1 billing and/or mailing address; and
2.3.2 credit card details.
2.4 Once you receive your Vive QR Sticker you will need to scan the Vive QR Sticker you have received and input your vehicle’s registration plate, brand, and model in order to register your Vive QR Sticker to your Vive Account.
2.5 Users may select the privacy mode function, in which case only their initials may be viewed by others. Users may only view your name, surname, and photo when privacy mode is not enabled.
2.6 Users may also make use of the driver permission feature where they will be guided to add specific details about who is allowed to drive the vehicle that is linked with the Vive QR Sticker thus, enabling the selected driver to take over all communication via the App for a selected time period. It is not possible for two drivers to receive communication concurrently for a particular vehicle in any given selected time period. For the avoidance of doubt, the driver permission function in no way gives a driver selected thereunder legal permission to drive the vehicle. It is not Vive’s responsibility to verify whether drivers are in possession of a valid driving licence and/or have the appropriate insurance cover.
2.7 Users may also make use of the “Where Did I Park?” feature which will allow users to save their parking location in order to navigate back to it when needed. This will require the user to allow permission to the app to access their location in order to be able to find their location and save the location they choose.
- Buying a Vive QR Sticker
3.1 Customers may purchase their Vive QR Sticker by downloading the App where they will be guided accordingly as they follow the steps provided. A Vive QR Sticker may also be purchased through third-party channels authorised by Vive.
3.2 The subscription for a Vive QR Sticker is valid for one (1) year.
3.3 In the case of replacement of lost or damaged Vive QR Sticker this may only be done by ordering a new Vive QR Sticker. The full subscription fee will apply, and a User will not be allowed to carry forward any time left on his/her previous Vive QR Sticker.
3.4 Registered mail charges shall apply and shall be levied at the time of submitting the application.
3.5 The price of a Vive QR Sticker may vary upon renewal and discount codes, if any, are non-transferable, cannot be combined and are subject to expiration dates. Vive reserves the right to modify its prices and discount codes at any time and/or cancel discount codes at its sole discretion.
- Payment
4.1 After effecting payment, the bank card used to make the payment, is saved as the default card for future payments.
4.2 Subscriptions to the Service shall renew automatically for a period of one year unless cancelled as per these Terms of use.
4.3 Renewal fees shall be debited to the default card.
4.4 Where the User uses a different card to effect payment, the last card used shall become the default card.
4.5 The default card may be changed by going to Settings, Saved cards, and selecting change default card and making a Euro 0 transaction.
- Eligibility
5.1 Persons under eighteen (18) years of age may not apply for a Vive Account.
5.2 By agreeing to these Terms, you represent and warrant to us:
5.2.1 that you are eighteen (18) years of age;
5.2.2 that you have not previously been suspended or removed from the Service; and
5.2.3 that your use of the Service is in compliance with any and all applicable laws and regulations.
5.3 If you are using the Service on behalf of an entity, organization, or company, you represent and warrant that you have the authority to bind such organisation to these Terms and you agree to be bound by these Terms on behalf of such organisation.
- Use, Expiry and Transfers
6.1 As stated in 3.2 above, a Vive QR Sticker is valid for one (1) year from the date of registration of the Vive QR Sticker. Your subscription is open-ended and will be automatically renewed on a yearly basis unless you decide to cancel your Vive QR Sticker by choosing to do so via the App.
6.2 You will receive a reminder one (1) month prior to expiry via an in-app notification that your subscription is about to expire.
6.3 If you purchased your Vive QR Sticker using a discount code available at any given time, such discount codes may not be available when renewing your subscription, in which case the full subscription fee is due. Any abuse or fraud in discount code redemptions may result in the suspension or termination of your Vive Account.
6.4 Only one (1) Vive QR Sticker may be used per vehicle, and it cannot be transferred onto another vehicle.
- User Representations, Undertakings and Restrictions
7.1 You represent and warrant at all times throughout your use of the Service that:
7.1.1 you have full authority to agree to these Terms and there is no restriction, limitation, contractual obligation, or statutory obligation which prevents you from fulfilling your obligations hereunder;
7.1.2 you are and will continue to be in compliance with all applicable laws, rules, and governmental and regulatory requirements relating to it and the Service;
7.1.3 your use of the Service has not been previously blocked, suspended or terminated;
7.1.4 you do not authorise a third-party to do any of the foregoing; and
7.1.5 you will not infringe or violate any of the Terms.
7.2 There are certain conducts, which are strictly prohibited on and/or with respect to the Site and/or App. Your failure to comply with the provisions set forth below may result (at Vive’s sole discretion) in the termination of your Vive Account and may also expose you to civil and/or criminal liability.
7.3 You may not, whether by yourself or anyone on your behalf:
7.3.1 copy, modify, adapt, translate, reverse engineer, decompile, or disassemble the Service (or any part thereof);
7.3.2 use the Service and/or in connection with any spam, unsolicited mail, harassment, wire fraud or similar conduct;
7.3.3 interfere with or violate any other User or other third-party’s right to privacy or other rights including intellectual property rights, or harvest or collect personally identifiable information about any Users of the Service without their express consent, including using any robot, spider, site search or retrieval application, or other manual or automatic device or process to retrieve, index, or data-mine;
7.3.4 defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights of others;
7.3.5 transmit or otherwise make available in connection with the Service any virus, worm, trojan horse, time bomb, web bug, spyware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component;
7.3.6 interfere with or disrupt the operation of the Service, or the servers or networks that host the Service, or disobey any requirements, procedures, policies, or regulations of such servers or networks;
7.3.7 sell, license, or exploit for any commercial purposes any use of or access to the Service;
7.3.8 frame or mirror any part of the Service without Vive’s prior express written authorization;
7.3.9 create a database by systematically downloading and storing all or any of the content from the Service;
7.3.10 impersonate any person or entity or provide false or misleading personal information;
7.3.11 use the Service for any illegal, immoral, or unauthorized purpose;
7.3.12 use the Service for non-personal or commercial purposes without Vive’s express prior written consent.
- Suspended Users
8.1 Should a User be in breach of these Terms his/her Vive Account will be immediately suspended.
8.2 Vive may also decide to temporarily suspend any Vive Account at its absolute and sole discretion. This would mean that the User will not be able access their Vive Account until further notice at the sole discretion of the Company.
8.3 Once a Vive Account is suspended it cannot be used under any circumstance. Vive, at its sole and absolute discretion, may decide to allow a User access to his/her Vive Account again. In which case, Vive will inform a User by email of its decision.
8.4 Suspension of a Vive Account will result in a loss of subscriptions during such time period that a Vive Account is suspended.
- Online Activity
9.1 The User shall be responsible for maintaining the confidentiality of his or her login details (username and password) and to prevent the unauthorised access to his/her Vive Account.
9.2 The User agrees to accept responsibility for all activities that occur under its Vive Account. The User should inform us if his/her login details are being, or are likely to be, used in an unauthorised manner. Please use the “Report a Problem” feature on the App or contact Vive support via email at support@vive.download
9.3 Please ensure that when you use the Service, you respect the rights of others at all times. Vive will not bear any liability for any loss, damage, cost, or expense that you may suffer or incur as a result of or in connection with any use of all and/or part of the Service.
9.4 You hereby further acknowledge and agree that your messages and/or calls via the Service are non-confidential. You understand and agree that you are solely responsible for the way you manage your Vive Account and the way you use the Service.
9.5 You expressly agree and understand that the manner in which you communicate with other Users must in no way be:
9.5.1 unlawful, defamatory, libelous, harassing, offensive, indecent, pornographic, abusive, fraudulent, threatening, or vulgar;
9.5.2 discriminatory on the basis of race, origin, ethnicity, nationality, religion, gender, occupation, sexual orientation, illness, physical or mental disability, faith, political view, or socio-economical class; and
9.5.3 encouraging of any criminal behaviour or conduct that would constitute a criminal offense under any law or could give rise to civil liability or other lawsuit or that might reasonably pose a risk to a person’s safety, security, or health. The above examples do not constitute an exhaustive list.
9.6 Vive is under no obligation to edit or control the way Users communicate between themselves through the Service and will not be held in any way responsible or liable for such communication between Users and Users hereby hold Vive harmless for any suspicious activity and/or harassment, including but not limited to that described in 9.5 above, between Users of the Service. Although Vive has no obligation to screen, edit or monitor any User’s communications, Vive explicitly reserves the right, at its absolute and sole discretion, without giving any prior notice, to view and/or keep a log of all messages and/or record any calls of any User available on the Service at any time and for any reason.
9.7 If notified by a User that the way another User is communicating and/or behaving via the Service allegedly does not conform to these Terms, we may investigate the allegation and determine at our sole discretion the appropriate course of action.
9.8 Vive’s data protection officer may be contacted at support@vive.download. Vive may monitor Users online activity.
- Intellectual Property Rights
10.1 The Service, the design, logos, graphics, icons, images, as well as the selection, assembly and arrangement thereof, Vive’s proprietary software, algorithms and any and all intellectual property rights pertaining thereto, including, without limitation, inventions, patents and patent applications, trademarks, trade names, logos, copyrightable materials, graphics, text, images, designs (including the “look and feel” of the Service and any part thereof), specifications, methods, procedures, information, know-how, data, technical data, interactive features, source and object code, files, interface, GUI and trade secrets, whether or not registered and/or capable of being registered (collectively, “Intellectual Property”), are owned and/or licensed to Vive, and are subject to copyright and other applicable intellectual property rights. You may not copy, distribute, display, execute publicly, make available to the public, emulate, reduce to human readable form, decompile, disassemble, adapt, sublicense, make any commercial use, sell, rent, lend, process, compile, reverse engineer, combine with other software, translate, modify or create derivative works of any material that is subject to Vive’s proprietary rights, including Vive’s Intellectual Property, either by yourself or by anyone on your behalf, in any way or by any means, unless expressly permitted in the Terms.
10.2 All logos and other proprietary identifiers used by Vive in connection with the Service, (the “Trademarks”) are all trademarks and/or trade names of Vive, whether or not registered. All other trademarks, service marks, trade names and logos, which may appear on or with respect to the Service belong to their respective owners (“Third-Party Marks”) including, inter alia, any such Third-Party Marks owned by any vehicle manufacturers and/or distributors. No right, license, or interest to the Trademarks and/or to the Third-Party Marks is granted hereunder, and you agree that no such right, license, or interest shall be asserted by you with respect to the Trademarks or the Third-Party Marks and therefore you will avoid using any of those marks, unless expressly permitted herein.
10.3 You are hereby prohibited from removing or deleting any and all copyright notices, restrictions and signs indicating proprietary rights of Vive and/or its licensors, including copyright mark [©] or trademark [® or ™] contained in or accompanying the Service, and you represent and warrant that you will abide by all applicable laws in this respect. You are further prohibited from using, diluting, or staining any name, mark or logo that is identical, or confusingly similar to any of Vive marks and logos, whether registered or not.
- Customer Data
11.1 Retention period
We will hold on to your information for no longer than is necessary keeping in mind the purpose/s (or compatible purposes) for which we first collected the data.
We may hold some of your information as may be necessary or required to meet legal or regulatory requirements, resolve disputes, prevent fraud, and abuse, or enforce our Terms and conditions.
11.2 Sharing your information
We do not, and will not, sell any of your personal data to any third-party– including your name, address, email address or credit card information. Provided that we reserve the right to share any vehicle data and User communication traffic. This will be mainly statistical and collective data such as the number of calls and messages generated between Users, types of vehicles registered, age range etc… however, no individual data will be shared unless we are legally obliged to do so.
When we do share data, we do so on an understanding with the other entities that the data is to be used only for the purposes for which we originally intended. We may also provide third-parties with aggregated but anonymized information and analytics about our Users and, before we do so, we will make sure that it does not identify you.
11.3 Disclosure
We will not disclose personal data without consent. However, there may be occasions where we might have to, for instance, pursuant to a court order, to comply with legal requirements and satisfy a legal request, for the proper administration of justice, to protect your vital interests, to fulfil your requests, to safeguard the integrity of the relevant websites operated by us or by such related entities or subsidiaries, or in the event of a corporate sale, merger, reorganisation, dissolution or similar event involving us and/or our subsidiaries and related entities.
11.4 Changes in how we protect your privacy
The Service is continually under review – new functions and features are periodically added and improved, therefore changes to our Terms may be required from time to time. We, therefore, encourage you to check our Terms on a frequent basis.
11.5 Data Breach
Whilst Vive will do its utmost to implement and maintain technical and organizational measures to protect a User’s personal data at all times, security incidents that affect the confidentiality, integrity or availability of personal data may occur. This may occur through hacking or the inadvertent exposure of your personal data to unauthorised persons.
A Data Incident means a breach of Vive’s security leading to the accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to, a User’s personal data on systems managed by or otherwise controlled by Vive.
Vive will implement robust cybersecurity measures ensuring compliance with data protection regulations at all times in order to protect a User’s personal data against a Data Incident. Vive undertakes to notify a User promptly and without undue delay after becoming aware of a Data Incident and will promptly take reasonable steps to minimize harm and secure a User’s personal data.
11.6 Your rights
You enjoy several rights relating to your personal information:
11.6.1 The right to be informed about how your personal information is being used;
11.6.2 The right to access the personal information we hold about you;
11.6.3 The right to request the correction of inaccurate personal information we hold about you;
11.6.4 The right to request that we delete your data or stop processing it or collecting it. However, we may be justified to keep personal data in order to comply with a legal obligation and/or in relation to the exercise or defence of any legal claims.
11.6.5 The right to object to certain processing based on legitimate interests; and
11.6.6 The right to complain to the Information and Data Protection Commissioner (IDPC).
- Third Party Services
12.1 The Service may be linked to and/or through certain third-party websites and other third-party services (collectively, “Third-Party Services”). Such Third-Party Services are independent from the Service. You hereby acknowledge that Vive has no control over such Third-Party Services, and further acknowledge and agree that Vive is not responsible for the availability of Third-Party Services and does not endorse nor is it responsible or liable for any goods, services, content, advertisements, products, or any materials available on and/or through such Third-Party Services.
12.2 You further acknowledge and agree that Vive shall not be responsible or liable, directly, or indirectly, for any damage or loss whatsoever caused, or alleged to be caused, by or in connection with use of or reliance on any goods, services, content, products, or other materials available on or through any Third-Party Services.
12.3 The Service may use or include third-party software, files and components that are subject to open source and third-party license terms (“Third-Party Components”). Your right to use such Third-Party Components as part of, or in connection with, the Service is subject to any applicable acknowledgements and license terms accompanying such Third-Party Components, contained therein or related thereto. If there is a conflict between the licensing terms of such Third-Party Components and these Terms, the licensing terms of the Third-Party Components shall prevail only in connection with the related Third-Party Components. These Terms do not apply to any Third-Party Components accompanying or contained in the Service and Vive disclaims all liability related thereto. You acknowledge that Vive is not the author, owner, or licensor of any Third-Party Components, and that Vive makes no warranties or representations, express or implied, as to the quality, capabilities, operations, performance, or suitability of Third-Party Components. Under no circumstances shall the Service or any portion thereof (except for the Third-Party Components contained therein) be deemed to be “open source” or “publicly available” software.
- Changes to the Service
13.1 Vive reserves the right to modify, correct, amend, enhance, improve, make any other changes to, or discontinue, temporarily or permanently the Service (or any part thereof), without notice, at any time and at its sole discretion. In addition, you hereby acknowledge that the content provided under the Service may be changed, extended in terms of content and form, or removed at any time without any notice to you. You agree that Vive shall not be liable to you or to any third-party for any modification, suspension, or discontinuance of our Service.
- Disclaimer and Warranties
14.1 User acknowledges by agreeing to the Terms herein that Vive (and its affiliates) provide no warranties as to the performance, correctness, functionality or suitability of the Service for any particular purpose. Vive does not warrant or make any representations regarding the use, the inability to use or operate, or the results of the use of the content available on the service. the service (and any part thereof), including without limitation any content, data and information related thereto, are provided on an “as is” and “as available” basis, without any warranties of any kind, express or implied, including warranties of title or non- infringement or implied warranties of use, merchantability or fitness for a particular purpose or use.
14.2 Vive and its affiliates, including any of their officers, directors, shareholders, employees, sub-contractors, agents, parent companies, subsidiaries and other affiliates (collectively, “Vive”), jointly and severally, disclaim and make no representations or warranties as to the usability, accuracy, quality, availability, reliability, suitability, completeness, truthfulness, usefulness, or effectiveness of any content, data, results, or other information obtained or generated in connection with your or any user’s use of the service.
14.3 Vive does not warrant that the operation of the Service is or will be secure, accurate, complete, uninterrupted, without error, or free of viruses, worms, other harmful components, or other program limitations. Vive may, at its sole discretion and without an obligation to do so, correct, modify, amend, enhance, improve and make any other changes to the service at any time, or discontinue displaying or providing any content or features without any notice to you.
14.4 You agree and acknowledge that the use of the Service, including use of and/or reliance on any content available through the Service, is entirely, or otherwise to the maximum extent permitted by applicable law, at your own risk.
- Limitation of Liability
15.1 In no event shall Vive and/or any of the Vive affiliates be liable for any damages whatsoever, including direct, indirect, special, incidental or consequential damages of any kind, resulting from or arising out of the Service, use or inability to use the Service, failure of the Service to perform as represented or expected, loss of goodwill, data or profits, the performance or failure to perform under these Terms, and any other act or omission or by any other cause whatsoever, including without limitation damages arising from the conduct of any Users and/or Third-Party services.
15.2 Vive shall not be held liable for any indirect, incidental, special or consequential damages, or damages for loss of profits/reputational harm, revenue, data, or use, incurred by the user due to a breach of personal data and arising from a data incident (as defined under 11.5 above).
- Indemnification
16.1 You agree to indemnify and hold harmless Vive and any Vive Affiliates from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, fines, late fees, cancellation fees and expenses (including attorney’s fees) arising directly or indirectly from:
16.1.1 your use of the Service (or any part thereof);
16.1.2 breach of any term of these Terms by you;
16.1.3 any damage of any sort, whether direct, indirect, special, or consequential, you may cause to any third-party which relates to your use of (or inability to use) the Service;
16.1.4 your violation of any third-party intellectual property rights, privacy rights or other rights through your use of the Service or provision of information to the Service (including but not limited to obtaining consents from the requisite parties); and
16.1.5 your violation of any applicable law or regulation.
- Amendment of Terms
17.1 Vive may change the Terms from time to time, at its sole discretion and without any notice. Substantial changes of these Terms will be first notified on the Service regarding such changes to the email address that is registered under your Vive Account. Such substantial changes will take effect seven (7) days after such notice was provided. Otherwise, all other changes to these Terms are effective as of twenty-one (21) days as of the date stated as “Last Updated”, and your continued use of the Service after the Last Updated date will constitute acceptance of, and agreement to be bound by, those changes. Please note that in the event that the Terms should be amended to comply with any legal requirements, such amendments may take effect immediately and without any prior notice, as may be required by law.
- Termination of Service
18.1 At any time, Vive may block your Vive Account and access to our Service and/or temporarily or permanently limit, suspend, or terminate your access to the Service, for any reason, at its sole discretion, in addition to any other remedies that may be available to Vive under any applicable law. Such actions by Vive may be taken if Vive deems that you have breached any of these Terms in any manner.
18.2 Additionally, Vive may at any time, at its sole discretion, cease the operation of the Service or any part thereof, temporarily, or permanently, without giving any prior notice. You agree and acknowledge that Vive does not assume any responsibility with respect to, or in connection with the termination of the Service’s operation and loss of any data.
- Misconduct
19.1 If you believe a User, including Third-Party Providers, acted inappropriately including, but not limited to, offensive, violent, or sexually inappropriate behaviour, please report this immediately to the appropriate authorities and to us at support@vive.download.
- Data Protection and Applicable Law
20.1 All data transferred and submitted by Users, for the purposes of their Vive Account shall be processed, stored, and retained in full compliance with the Company’s Terms and the Data Protection Act, Chapter 586 of the Laws of Malta.
20.2 These Terms shall be governed by and interpreted according to the Laws of Malta.
20.3 Any dispute, claim or action arising out of these Terms shall be subject to the jurisdiction of the competent Maltese Courts or Tribunals.
- General
21.1 These Terms do not, and shall not be construed to create any partnership, joint venture, employer-employee, agency, or franchisor franchisee relationship between the parties hereto.
21.2 The clauses and paragraphs contained in these Terms are intended to be read and construed independently of each other. If any provision or part-provision of these Terms is or becomes invalid, illegal, or unenforceable, it shall be deemed deleted, but that shall not affect the validity and enforceability of the rest of these Terms.
21.3 The headings in these Terms shall not affect its interpretation.
21.4 Throughout these Terms, whenever required by context, the use of the singular number shall be construed to include the plural, and the use of the plural the singular, and the use of any gender shall include all genders.
21.5 Should you need please contact us at support@vive.download. Furthermore, if you have any concerns regarding our processing of your personal data, you have the right to make a complaint to the Office of the Information & Data Protection Commissioner on idpc.info@idpc.org.mt.
