1. Introduction

1.1  Vive Technologies Ltd (“Vive”, “we”, “our” or the “Company”) operates the website and web application at vive.download and any additional websites owned and operated by Vive (together, the “Service”). The Service is provided entirely through the web. There is no Vive mobile application, and nothing needs to be downloaded or installed to use the Service.

1.2  These terms and conditions (the “Terms”) form a binding legal agreement between Vive and every person who uses the Service. Three kinds of interaction are covered: (a) “Owners” — people who register a Vive QR for a vehicle and receive alerts; (b) “Senders” — people who scan a Vive QR on a vehicle to send an alert to its Owner; and (c) “Purchasers” — people who buy a Vive QR from the website without an account. Part B applies specifically to Senders.

1.3  By accessing or using the Service, purchasing or registering a Vive QR, or sending an alert, you confirm that you have read and understood these Terms and agree to be bound by them. If you do not agree, do not use the Service.

1.4  You confirm that all information you provide through the Service is true and accurate. Providing false or fraudulent information is prohibited.

1.5  Owners consent to receive service communications electronically, including by e-mail, SMS, WhatsApp message and voice call, as configured in their account. Senders and guest Purchasers consent to receive the electronic messages needed for their interaction, such as verification codes, alert-related messages and order communications. Our privacy practices are described in our Privacy Policy at vive.download/privacy, which forms part of these Terms.

2. The Vive QR and Your Account

2.1  A “Vive QR” is a vinyl sticker carrying a unique QR code, to be affixed to the windscreen or front of a vehicle. When a Sender scans the Vive QR with a phone camera, the Owner receives an alert through the communication channels enabled on the Owner’s account. All communication is routed through Vive.

2.2  Anonymity. Vive never discloses either user’s personal details to the other. An Owner never sees a Sender’s phone number or identity, and a Sender never sees the Owner’s. There is no setting that changes this. The only exception is information a Sender voluntarily chooses to include in a free-text message (clause 8.2).

2.3  Registration. To activate a Vive QR, you scan it with your phone camera and follow the registration flow: verification of your mobile number by one-time code, entry of your name, surname and e-mail address, and entry of your vehicle’s registration plate, brand and model. Sign-in to the Service is by one-time code sent to your mobile number; there are no passwords.

2.4  One Vive QR is required per vehicle. You may register multiple vehicles under one account. Your account is managed at vive.download, including vehicles, communication channels, billing and renewals.

2.5  Channels are account-wide. The communication channels you select (WhatsApp, SMS, call) apply to your account as a whole and therefore to every Vive QR registered on it. Any change to your channels applies to all your Vive QRs at once, and charges are adjusted for each Vive QR as described in clause 4.6.

2.6  The communication channels available for selection may vary depending on the country of the mobile number registered on the account.

2.7  You are responsible for maintaining accurate account information, including your mobile number. If your number changes, you must update it in your account; alerts are delivered to the number on record.

3. Buying a Vive QR

3.1  Vive QRs may be purchased from the vive.download website, purchased from within the web app, purchased from authorised retailers, or received as a gift or transfer. However a Vive QR is obtained, the person who registers it becomes the Owner and is bound by these Terms from the moment of registration.

3.2  Website purchase (no account). Purchases made from the public website by Purchasers are one-time guest purchases. No account is required and no payment card is stored. We collect the information needed to fulfil the order: name, delivery address, e-mail address and payment details (processed by our payment processor; see clause 4.2).

3.3  Purchase from within the web app. When a signed-in Owner purchases an additional Vive QR from their account, payment is taken using the account’s saved card (see clause 4.3).

3.4  For deliveries, delivery charges apply and are shown at checkout. Delivery timelines shown are estimates.

3.5  Sponsored Vive QRs. Some Vive QRs are distributed in batches sponsored by a commercial partner. When a sponsored Vive QR is scanned, the sponsor’s name and logo may be displayed as part of the scanning and alert process. Sponsorship is a characteristic of the Vive QR itself and does not affect the alert service, the Owner’s pricing, or the anonymity described in clause 2.2. By registering a sponsored Vive QR, the Owner accepts the display of the sponsor’s branding to persons scanning it.

3.6  Consumer withdrawal. If you purchase a Vive QR at a distance from vive.download as a consumer, you have a right of withdrawal of fourteen (14) days from delivery, in accordance with applicable consumer law. [Counsel to confirm treatment of withdrawal where the QR has been registered and service has commenced with the consumer’s consent.] Withdrawal and returns for Vive QRs purchased from retailers are handled by the retailer under its own terms.

4. Plans, Pricing, Payment and Renewal

4.1  Prices. All prices for Vive QRs, plans and add-on channels are those displayed in the Service at the time of purchase, registration or change. Prices may be updated by Vive from time to time and may vary between countries, including by reference to the country of the mobile number registered on the account or, for guest purchases, the country selected at checkout. Displayed prices include VAT where applicable. Price changes do not affect amounts already paid, and changes to renewal prices take effect only from the next renewal, with prior notice.

4.2  Payment processing. Payments are processed by third-party payment service providers (currently Stripe). Vive does not itself store full card details. The processor’s handling of your data is described in our Privacy Policy and the processor’s own terms.

4.3  Saved card. For Owners, the payment card most recently used in the web app is stored with our payment processor as the account’s saved card, with strong customer authentication at the time of saving. You expressly authorise Vive to charge the saved card for plan charges, renewals, add-on changes and in-app purchases, without further authentication, as merchant-initiated transactions. The amount and date of the next charge are shown in your account at all times. Cards used for guest purchases on the public website are not saved.

4.4  Included period and base plan. Registration of a Vive QR includes an initial period of alert service at no charge, as stated at registration (the “Included Period”). Unless cancelled before the end of the Included Period, the annual base plan begins automatically at its end, at the price displayed at registration; we will notify you by e-mail before the first charge is taken. The base plan is an annual service fee that covers the operation of the Service for the Vive QR and includes alert delivery by WhatsApp message where that channel is enabled. The base plan remains payable in full regardless of which communication channels you enable or disable. If no payment method is on file (for example, where the Vive QR was purchased from a retailer or received as a gift), you must add a payment method before the end of the Included Period; we will remind you by e-mail before the Included Period ends. If no payment method has been added by the end of the Included Period, alert service pauses until one is added — this is not treated as a failed payment under clause 4.9.

4.5  Add-on channels. Alert delivery by SMS and by voice call are optional paid add-ons, priced per Vive QR per year as displayed in the Service.

4.6  Changes to channels. Because channels are account-wide (clause 2.5), enabling an add-on applies it to every Vive QR on the account, and you will be charged the applicable difference for each Vive QR. Mid-period upgrades are charged pro-rata for the remainder of each Vive QR’s current annual period only, so all charges for a Vive QR remain aligned to its single renewal date; an upgrade does not start a new annual period. For a Vive QR still within its Included Period, add-on charges begin only when its base plan begins. Disabling an add-on takes effect at the end of the period already paid for.

4.7  Renewal. Plans renew automatically each year at the then-current price for your plan and country, until cancelled. We will send a renewal reminder to your e-mail address before each renewal. Where several of your vehicles renew on the same date, the charges are combined into a single payment and invoice.

4.8  Cancellation. You may cancel any plan or add-on at any time from your account, effective at the end of the period already paid for. No partial refunds are made for unused periods, except as provided in clauses 4.11 and 13.1 or where required by law.

4.9  Failed payments. If a charge fails, we will notify you and retry. If payment is not made within [14] days of the due date, alert service for the affected vehicle(s) is suspended and the Vive QR(s) deactivated until payment is made.

4.10  Invoices and fiscal receipts are issued electronically to the e-mail address on your account or, for guest purchases, the e-mail address provided at checkout.

4.11  Withdrawal from service contracts. Where you enter into a plan or add-on contract at a distance as a consumer, you have a statutory right of withdrawal of fourteen (14) days. By requesting that service begin immediately (including activation of alert service during the Included Period), you consent to immediate performance and acknowledge that, if you withdraw, you may be charged a proportionate amount for service already provided, and that the right of withdrawal is lost once the service period has been fully performed. [Counsel to settle final wording under the Consumer Rights Directive as transposed in Malta.]

5. Eligibility

5.1  Purchasing or registering a Vive QR and holding an account require you to be aged 18 or over with the legal capacity to enter into a binding contract. By doing so you represent that you meet these requirements.

5.2  By registering a vehicle you represent that you are its owner or otherwise authorised to register it and to affix a Vive QR to it.

6.Transfers

6.1  A Vive QR that has not been registered may be freely sold, gifted or transferred.

6.2  Lost, damaged or stolen Vive QRs. If a registered Vive QR is lost, damaged or removed, the Owner must delete it from their account and purchase and register a new Vive QR for the vehicle. Deletion of the old Vive QR is permanent (clause 18.1), and any unused portion of its paid period is not transferred or refunded, except where required by law.

6.3  A registered Vive QR is linked to the Owner’s account and vehicle. If you sell or otherwise dispose of a vehicle, you must delete the vehicle from your account and remove the Vive QR from the vehicle. A registered Vive QR cannot be transferred to another account; the new keeper of a vehicle requires their own Vive QR. A deleted Vive QR is permanently deactivated and can never be registered again, by any person.

7. Owner Representations and Restrictions

7.1  You agree not to: (a) register a vehicle or plate that you are not authorised to register; (b) use the Service for any unlawful purpose; (c) interfere with the operation or security of the Service, including by robot, scraper or automated means; (d) copy, reproduce or create derivative works of the Service or its content; (e) misrepresent your identity; or (f) use the Service to harass any person.

7.2  The alert channels are for receiving genuine vehicle-related alerts. Vive may apply fair-use safeguards to protect the integrity of the Service.

PART B — TERMS FOR SENDERS

8. Sending an Alert

8.1  Any person may scan a Vive QR to alert the Owner of the vehicle. Before an alert is sent, the Sender must verify their mobile number by one-time code. By providing their number, the Sender agrees to receive the verification code and messages relating to their alert. The Sender’s number is used solely for verification, abuse prevention and record-keeping; it is never shown to the Owner.

8.2  Alerts are composed by selecting from fixed contact reasons provided by the Service. Free-text messages are available only for the “vehicle hit” and “vehicle theft” contact reasons, where the Sender may add further information to assist the Owner (for example, details of the incident, or the Sender’s own contact details if the Sender chooses to share them). The Sender must select the reason that genuinely reflects the situation.

8.3  By sending an alert, the Sender represents that the alert relates to a real situation concerning the vehicle. Sending false, misleading, abusive or commercial alerts is prohibited.

8.4  Moderation. Alert content, including free-text messages, is automatically checked before delivery for harassment, scams and spam. Vive may decline to deliver content that appears to breach these Terms.

8.5  Fair use for scanning. The Service is intended for genuine, occasional alerts. If a Sender’s scanning or alert volume exceeds reasonable fair-use thresholds, or shows patterns consistent with suspicious activity or spam, Vive may make continued use of the sending service conditional on payment of a fee, or may restrict or suspend the Sender’s number. Any such fee and its amount will be displayed to the Sender, and must be accepted by the Sender, before any payment is taken. Where practicable, Vive will warn the Sender before a restriction takes effect.

8.6  Suspension of Senders. Harassment, scam content or repeated false alerts may lead to the Sender’s number being suspended from contacting Owners through the Service. A suspended Sender may contact support@vive.download to contest a suspension.

8.7  An Owner may report an alert as not genuine. Vive investigates reports and may suspend Senders found to have sent false alerts. Vive may retain records of alerts and reports for this purpose.

8.8  Sender content. Free-text messages are the Sender’s own content. Vive transmits them on the Sender’s behalf and, beyond the automated screening described in clause 8.4, does not author, verify, endorse or adopt them. The Sender is solely responsible for the content of their messages, including any statements about third parties, and for their accuracy and lawfulness. Owners should treat information received in an alert as unverified.

PART C — GENERAL TERMS

9. Alert Delivery

9.1  Alerts are delivered through the channels enabled on the Owner’s account. Where an alert in the “vehicle hit” or “vehicle theft” category includes a free-text message, the additional information is delivered in a follow-up message by WhatsApp and/or SMS, using whichever of those two channels are enabled on the Owner’s account, at no additional charge. Free-text information cannot be delivered by voice call; if neither WhatsApp nor SMS is enabled on the account, the additional information cannot be delivered.

9.2  Alerts are delivered through third-party communication networks (including WhatsApp (Meta), SMS carriers and telephone networks). Vive uses reasonable efforts to deliver alerts promptly but does not guarantee that any alert will be delivered, or delivered within any particular time, since delivery depends on networks outside Vive’s control, the Owner’s device and settings, and the accuracy of the Owner’s account details.

9.3  Service interruptions. Each communication channel depends on third-party providers and networks (clause 12). A channel may be temporarily unavailable due to a failure, outage or restriction of a third-party provider, scheduled maintenance, or events outside Vive’s reasonable control. Vive is not liable for alerts that are delayed or not delivered during such an interruption, including on paid add-on channels, and such an interruption does not constitute a breach of these Terms. Where a paid channel is unavailable for a prolonged period, your sole remedy is a pro-rata credit of the affected add-on fee for the period of unavailability. This clause does not limit any right that cannot be excluded under applicable consumer law.

9.4  The Service is not an emergency service. It must not be relied upon in situations involving danger to life, health or property. In an emergency, contact the relevant emergency services.

10. Intellectual Property

10.1  The Service, including its design, logos, wordmarks, graphics, typefaces, software, algorithms, QR artwork and all related intellectual property rights, is and remains the exclusive property of Vive and its licensors. Purchase of a Vive QR transfers ownership of the physical sticker only, not of any intellectual property.

10.2  “Vive” and the Vive logo are marks of Vive Technologies Ltd. Nothing in these Terms grants any right to use them without Vive’s prior written consent.

10.3  Third-party marks. Vehicle manufacturer names and logos displayed in the Service are the trademarks of their respective owners. They are used solely to identify the make and model of registered vehicles, and their display does not imply any affiliation with, sponsorship by, or endorsement of Vive by those manufacturers. The Service may also display the names and logos of Vive’s commercial partners and batch sponsors (clause 3.5), which are used with their owners’ permission. All third-party marks remain the property of their respective owners, and nothing in these Terms grants you any right to use them.

11. Data Protection

11.1  Vive processes personal data as described in its Privacy Policy (vive.download/privacy), which forms part of these Terms. In summary, the categories are: (a) website guest purchases — name, delivery address, e-mail address and payment data (processed by the payment processor); (b) Owner registration and account — mobile number, name, surname, e-mail address, vehicle plate, brand and model, channel selections and billing records; and (c) Senders — mobile number, verification status and alert content, including free-text messages, which are screened as described in clause 8.4. Records of alerts, including delivery status, are retained for audit, billing and abuse prevention.

11.2  Vive uses processors to operate the Service, including payment processing (Stripe), message and call delivery (communication platform providers and carriers), the WhatsApp channel (Meta), cloud hosting and authentication (Google Firebase), transactional e-mail, and postal or courier providers for the delivery of Vive QRs. Where processing involves transfers outside the European Economic Area, Vive relies on adequacy decisions or standard contractual clauses.

11.3  Processing is governed by the General Data Protection Regulation (EU) 2016/679 and the Data Protection Act (Cap. 586, Laws of Malta). In the event of a personal data breach affecting your data, Vive will act in accordance with its obligations under applicable law.

12. Third-Party Services

12.1  The Service depends on and links to services provided by independent third parties. Vive is not responsible for third-party services, their availability, or their terms, and makes no representations on their behalf. Your use of a third-party service (including WhatsApp) is governed by that provider’s own terms.

13. Changes to the Service

13.1  Vive may modify, enhance or discontinue features of the Service at any time. Where a change materially reduces the paid service, affected Owners will be notified and may cancel with a pro-rata refund of the unused period.

14. Disclaimer of Warranties

14.1  The Service is provided on an “as is” and “as available” basis, without warranties of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, title and non-infringement, to the maximum extent permitted by law.

14.2  Vive does not warrant that the Service will be secure, uninterrupted or error-free, nor does it verify, and it makes no representation regarding, the truthfulness of any alert or free-text message sent by any Sender. Vive is not the owner or author of information forwarded between users (see clause 8.8).

14.3  Nothing in these Terms excludes or limits any warranty or right that cannot be excluded or limited under applicable consumer law. In particular, consumers benefit from the legal guarantee of conformity for the physical Vive QR sticker under applicable EU and Maltese consumer law.

15. Limitation of Liability

15.1  To the maximum extent permitted by law, Vive and its affiliates, officers, directors, employees and agents shall not be liable for any indirect, incidental, special or consequential damages, or for loss of profits, revenue, data or goodwill, arising out of or in connection with the Service, including damage to or loss of a vehicle, towing, fines, missed communications or the conduct of any user.

15.2  To the maximum extent permitted by law, Vive’s total aggregate liability arising out of or in connection with the Service shall not exceed the amounts paid by you to Vive in the twelve (12) months preceding the event giving rise to the claim.

15.3  Nothing in these Terms limits liability for death or personal injury caused by negligence, for fraud, or for any liability that cannot be limited under applicable law.

16. Indemnification

16.1  You agree to indemnify and hold harmless Vive and its affiliates from and against third-party claims, damages, losses, liabilities, costs and expenses (including reasonable legal fees) to the extent arising from your breach of these Terms, your misuse of the Service, or your violation of any law or third-party right. This indemnity does not apply to the extent a claim is caused by Vive’s own fault or negligence, and does not limit any non-excludable consumer right.

17. Amendment of these Terms

17.1  Vive may amend these Terms from time to time. Material changes will be notified to Owners by e-mail at least [30] days before they take effect. Continued use of the Service after the effective date constitutes acceptance. If you do not accept a material change, you may cancel under clause 4.8.

18. Termination and Deletion

18.1  You may delete a vehicle (Vive QR) or your entire account at any time from your account settings. Deletion is permanent. Upon deletion of a Vive QR: the vehicle no longer appears in your account, alerts for it can no longer be delivered, the Vive QR is permanently deactivated and can never be registered again, and the physical Vive QR must be removed from the vehicle. Upon deletion of an account, all your Vive QRs cease to function and your data is handled as described in the Privacy Policy.

18.2  Vive may suspend or terminate access to the Service for material breach of these Terms, including misuse described in clauses 7 and 8. Where lawful and practicable, Vive will give notice and an opportunity to remedy.

19. Governing Law and Jurisdiction

19.1  These Terms are governed by the laws of Malta. The courts of Malta shall have jurisdiction, provided that consumers resident in another EU member state retain any right to bring proceedings, or benefit from mandatory consumer protections, in their country of residence.

19.2  The European Commission’s online dispute resolution platform is available at ec.europa.eu/consumers/odr.

20. General

20.1  These Terms, together with the Privacy Policy, constitute the entire agreement between you and Vive regarding the Service. If any provision is held invalid, the remainder continues in effect. Vive’s failure to enforce a right is not a waiver of it. You may not assign these Terms without Vive’s consent; Vive may assign them in connection with a merger, acquisition or sale of assets, with notice to you.

20.2  Contact: support@vive.download · Vive Technologies Ltd, 1, Piazzetta Business Plaza, Triq Ghar il-Lembi, Sliema SLM1560, Malta.