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Kia India Private Limited (Formerly known as Kia Motors India Private Limited)

Introduction

Welcome to KIN Kia Connect Services. Thank you for choosing the Kia Connect Application. These Terms and Conditions constitute the agreement between KIA India Private Limited (hereinafter also referred herein as “KIN”) and the User regarding the use of Kia Connect System/Application to access the interactive features through connected infotainment system and/or a digital services, some of which may be provided by third parties and may utilize data collected from you or your Vehicle.

Please read the terms and conditions set out herein with respect to the usage of Kia Connect System through subscription as determined by KIN. If you download, activate, register, receive, use, accept or otherwise access Kia Connect, you confirm that you have read, understood and accept and agree to these Terms & Conditions and are legally bound by these Terms & Conditions, Kia Connect’s Privacy Policy and all other terms and conditions that govern KIN’s website and Kia Connect, as may be amended from time to time (collectively, the "Terms and Conditions") and they will continue to apply every time you use/access Kia Connect/Kia Connect System and/or Kia Connect Services. Your acceptance of the Terms and Conditions implies that you have the capacity to enter into a legally binding contract as per applicable law, in particular, the Indian Contract Act, 1872. If you do not accept any of the Terms & Conditions stated herein do not activate or use Kia Connect. You understand and agree that you are solely responsible for all orders, instructions and information entered through or electronically transmitted to us through the Service using your VIN or Registration number, sign-on password, and/or mobile number, and you accept that all such orders, instructions and data transmissions are undertaken at your own risk. Neither KIN, nor any of its affiliates or licensors, nor the authorized dealers of KIN are liable for any error made by you in entering any details or providing any orders or instructions when You use the Kia Connect Services, You may also enroll through In-vehicle (AVN System) mode, to get select services that do not require Device or Kia Connect.

We, hereby grant and You hereby accept a limited, non-exclusive, non-transferable, non-assignable license to use the Kia Connect System and/or Kia Connect Services (which shall include future updates made available to You from time to time, provided you understand that such updates may be subject to additional terms in respect of which You will be notified at the time such update is made available), subject to the Terms and Conditions herein.

Terms & Conditions:

In these Terms and Conditions, the following terms shall have the meaning given below:
i) “Application” or “Kia Connect” shall mean the KIN Kia Connect Application including any update, upgrade and enhancement, which connects the Vehicle via the Kia Connect System.
ii) “You” and “Your” shall be deemed to refer to any person or entity who is competent to enter within the meaning of Indian Contract Act, 1872 and has purchased or leased a Vehicle equipped with, or uses as a driver or occupant (e.g., additional drivers, passengers) of your Vehicle, Kia Connect and/or has activated Kia Connect pursuant to Section 2 of these Terms & Conditions. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use Kia Connect System and the Application.
iii) “We,” “us,” “our” “KIA” “KIN”, shall be deemed to refer to KIA India Pvt. Ltd. and its affiliates, successors and assigns;
iv) “Wireless Carrier” shall be deemed to refer to Vodafone Idea India Ltd and/or any other carrier that We may collaborate with for utilizing their services in future for better connectivity and enhanced User experience., and shall include their affiliates, successors providing wireless communication network to you. “Service Provider(s)” shall be deemed to refer to those third parties including any person, company, or entity which provides any service, equipment, or facilities in connection with Kia Connect or the Kia Connect System, including, but not limited to, Wireless Carrier, public safety answering points, emergency responders and others (such as police, fire and ambulance), towing companies, auto makers, distributors and dealers.
v) “Kia Connect Services” shall mean and include the whole set of interactive features as well as digital services for enhanced safety and entertainment, convenience and comfort, in connected car experiences, seamless integration of connectivity as well as omnipresence of all the Vehicle data.
vi) “Kia Connect System” shall mean KIN Kia Connect System, an embedded telematics device paired with an in-built SIM along with Hardware & Software installed in Vehicle sold by KIN.“Customer Care Center” and their affiliates, successors and assigns shall mean the agency which connects you or your Vehicle to the Service Providers.
vii) “User” shall mean both the existing owner of the Vehicle as well as new/future owner/user who is the registered owner of the Vehicle and/or any other individual who is using, has an access, is authorized to and/or has or shall in future subscribe to Kia Connect System for usage of Kia Connect Services either in present or in future.

Linkable Table of Contents

  1. 1. Service Requirements And Service Providers
  2. 2. Kia Connect Activation/duration, Subscription And Cancellation.
  3. 3. Special Information About Kia Connect And System Limitations.
  4. 4. Software, Hardware And Equipment
  5. 5. Special Information And Agreements About Certain Kia Connect Services
  6. 6. Application:
  7. 7. Services Provided By Soundhound, Inc And Its Affiliates (‘soundhound’):
  8. 8. Your Responsibilities
  9. 9. No Warranties.
  10. 10. Limitations Of Liability.
  11. 11. Your Insurance Obligations.
  12. 12. Your Responsibility For Any Third Parties’ Claims.
  13. 13. Resolving Disputes.
  14. 14. General.

1. Service Requirements And Service Providers

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Your KIN vehicle, (“Vehicle”) must come with a Kia Connect system (available in select models/variants of Vehicles as purchased by You), which is used to provide interactive features and digital services through Kia Connect, to you and your Vehicle. Additionally, you must have an active subscription as mentioned in Section 2 below, to utilize interactive features and digital services, provided to You by KIN directly or through its Service Providers. KIN or its Service Providers in turn may interact with and/or engage one or more sub-contractors as necessary to provide the Services. In addition, Customer Care Centre may receive and respond to your requests for Services through an automated operator or through specially trained personnel. The Customer Care Centre will use reasonable efforts to contact appropriate Service Providers for help when you ask for it or when the Kia Connect System in your Vehicle signals for it, but it is agreed by you that such assistance by the Service Providers may not be guaranteed in a time bound manner and may vary subject to network connectivity and signal strength. We will assume an emergency exists if the Customer Care center receives a crash notification signal from your Vehicle.

2. Kia Connect Activation/duration, Subscription And Cancellation.

A. Activation. Kia Connect will be activated only when the User purchases the Vehicle and gets the same registered in his/her name and complete the registration process as notified and electronically consent through the Application/device or when you (or another User or occupant of your Vehicle) use the Application or accept any of its benefits (including using a vehicle with an active Kia Connect System)

B. Duration. You will use/receive Kia Connect Services, interactive features and digital services through Kia Connect initially free for a period of 3 years from the date of purchase of a new Vehicle only (“Free Period”). Post, expiry of the Free Period, Your usage of the Kia Connect and Kia Connect Services shall cease and You shall be required to subscribe for the same upon payment of a Subscription Fee for continuing the usage as per the subscription terms communicated by KIN from time to time.

C. Subscription Plan, Fees and Billing. Subscription fee and payment schedule for continued use of Kia Connect Services, after the initial Free Period of 3 years, will be communicated to You through your Application/device or by SMS/E-mail. The subscription plans (basic +premium) shall be offered as yearly, 2 yearly and 3 yearly subscription module as determined and revised by KIN and communicated to the User from time to time

D. (“Subscription Period”). The subscription shall be renewed post payment of the fee as per the subscription plan and module selected by the User and determined by KIN (“Subscription Fee”). The Kia Connect Services shall discontinue automatically upon completion of the Subscription Period for which the Subscription Fee has been paid by the User. User may be notified regarding the expiry of the Subscription Period. The User shall then have an option to either opt out of the subscription model or renew the same upon payment of a Subscription Fee applicable at that time. The User shall have no right to claim the Kia Connect Services if the payment has failed and not credited with KIN for reasons not attributable to KIN. Any amount deducted from the User account towards payment of Subscription Fee and not credited with KIN shall not be made attributable to KIN. The User shall have no right to seek any remedy or refund from KIN in such cases and KIN reserves the right to cancel and/or not renew the subscription at its sole discretion. You understand agree and acknowledge that Kia Connect System including but not limited to its hardware cost, software and/or maintenance cost is not covered under this Subscription Plan. The User shall pay any and/or all amount for rectification of any issues or fault in the Kia Connect System post the warranty period of 3 years.

E. Your Cancellation Rights. You can cancel your Kia Connect at any time. To cancel your Kia Connect, you will need to call Customer Care Centre and provide proof of ownership in order to cancel Kia Connect. You promise to: (i) notify us promptly, as set out below, if you sell your Vehicle, or its lease ends, so that we can update our systems and reset the Vehicle’s Kia Connect System, or it is destroyed by casualty and (ii) notify the purchaser, that Kia Connect has been active and that the new owner should immediately enroll for Kia Connect System from the Application to set up and complete the new owner’s own profile.

F. Our Cancellation and Suspension Rights. We may cancel your Kia Connect subscription without cause, in which case we will give you notice 30 days prior to the effective date of cancellation after which your account will be deactivated and your Kia Connect subscription/account will terminate. You agree that we can decide to cease providing the services under the Application to you at any time and for any reason, even for reasons unrelated to you or your account with us. Also, we may cancel your Kia Connect subscription/account without prior notice to you for any cause. You agree that We can terminate your Kia Connect subscription/account immediately if you breach Terms & Conditions herein, do not pay Subscription Fee as per the payment Schedule stated above that are due, interfere with our efforts to provide Kia Connect, interfere with our business, or if your Kia Connect subscription/account or wireless phone number is used for illegal or improper purposes. You agree that you do not have any right to have Kia Connect subscription/account reactivated, even if you cure any of these problems. We hereby reserve our right to allow you to re-activate the account and the said decision shall be final and binding on you. In the event we cancel your Kia Connect subscription/account for a cause, we shall not be liable to refund any amounts paid towards the Subscription Fee. We reserve our right to suspend your Kia Connect subscription/account for network or system maintenance or improvement, or if there is network congestion, or if we suspect your Kia Connect subscription/account is being used for any purpose that would allow us to cancel it.

G. Refund. The User shall not be entitled for and shall not claim any kind of refund of the Subscription Fee, whether the same has been cancelled by KIN or by the User himself/herself for any reason whatsoever during or any time after the Subscription Period commences.

H. Transferring, Reactivating or Changing Your Kia Connect Subscription/Account. Unless we agree otherwise, you cannot transfer your Kia Connect subscription/account another Vehicle or another person. You may activate, cancel, change or reactivate your Kia Connect subscription/account as provided herein, however, we will only accept such requests from You, or an additional authorized user of legal age listed on your account (or from someone we believe is your authorized agent).

I. Change In Network Service Provider/Device/Sim Card/Third Party Service Providers. Any requirement for change in network or network service provider/third party service provider, device or sim card may be carried on for the enhancement of the Kia Connect Services at any time during or after the active Subscription Period, whether or not Free Period or post renewal. User shall be notified regarding such changes by KIN and there may be temporary suspension of Kia Connect Services which the User consents to irrevocably. Any cost incurred towards such changes/installations/modification shall be borne by the User only at all times. KIN shall not be made liable for the quality of the Kia connect Services, if the User does not agree to bear the cost to be incurred for enhancement as stated above (“Enhancement Cost”).

J. CHANGES TO THE TERMS & CONDITIONS. We may change these Terms and Conditions at any time without any prior notice in writing or otherwise to you, by posting changes on the Application. You may review these terms regularly to ensure that you are aware of any changes made by us. The continued use of Application by you, after changes are posted shall amount to deemed acceptance and you shall continue to be legally bound by these terms as updated and/or amended. In the case of any violation of these Terms and Conditions or any additional terms posted on Application, we reserve the right to seek all remedies available by law and in equity for such violations.

3. Special Information About Kia Connect And System Limitations.

A. Availability.Kia Connect is only available in the geographic coverage area of Wireless Carrier, as amended from time to time. Even in the geographic coverage area, the availability of Kia Connect can be interrupted either due to network problem of the Wireless Carrier or other Force Majeure events detailed in Clause G mentioned below. Kia Connect works using the wireless communication networks of Wireless Carrier and the Global Positioning System (“GPS”) satellite network. Not all interactive features/digital services are available through the Application everywhere, if your Device does not support, particularly in remote or enclosed areas, or on all vehicles, at all times. The area that you are driving in may affect the type or quality of service under Kia Connect that we can provide to you, including, but not limited to, routing service. Additionally, some Kia Connect interactive features/digital services may not be fully available if the GPS system is not working. Certain programming limitations of the GPS system may impair our ability to determine your vehicle’s precise location. We may suspend, withdraw, discontinue or change all or any part of the Application without notice. We will not be liable to you if for any reason the Application or its content is unavailable at any time and/or for any period.

B. Technology and Communications.Kia Connect can work if you are in a place where the Wireless Carrier has coverage, network capacity, and reception and technology that is compatible with Kia Connect. Features of Kia Connect that involves location information about your Vehicle cannot work unless GPS satellite signals are unobstructed, available in that place and compatible with the Kia Connect System as well. Neither KIN, its affiliates, its licensors, its sub licensors, its authorized dealers nor any other third party provider makes any warranty, representation or guarantee as to the accessibility, reliability, communication links, accuracy, truth, timeliness, or completeness of any Information, including any traffic , service, weather information or other information or data furnished through the Service, or that any such Information disseminated may be solely relied upon for doing any act or other purposes. You acknowledge that it is your responsibility to verify any Information that you elect to use when taking any action. C. Vehicle and Equipment. Kia Connect is provided using Kia Connect System installed in your Vehicle which receives GPS signals and communicates with the Customer Care Center via wireless and landline communications networks. The Kia Connect System is not intended to place or receive personal calls and may only place calls to our Service Providers. Your Vehicle has to have a working electrical system (including adequate battery power) for the Kia Connect System to operate. You may need to increase the volume of your radio to hear operator services from the Kia Connect System. Kia Connect may not work if your Kia Connect System is not properly installed or you have not maintained it and your Vehicle is not in good working order and in compliance with all government regulations. If you tamper with or try to add or modify any equipment or software in your Vehicle including the Kia Connect System, Kia Connect may not work and we can terminate your Kia Connect. Your Kia Connect System needs to be compatible with the Application and the wireless service and technology provided by us. If your Vehicle does not have an ignition cycle after 168 hours (i.e. 7 days), certain Kia Connect Services may not be available until the Vehicle is started.

D. Geography and Environment. There are other problems we cannot control that may prevent us from providing service to you at any particular time or place, or that may impair the quality of Kia Connect. Some examples are hills, tall buildings, tunnels, weather, damage to important parts of your Vehicle in an accident, or wireless network congestion.

E. Maps and Navigation. The routing and map data that the Application provides is only to assist you in identifying the direction/location and is based on the most current map information made available by the Service Provider and it may be inaccurate or incomplete. For example, routing data may not include information about one-way roads, turn restrictions, construction projects, seasonal roads, detours or new roads. It may suggest using a road that is now closed for construction or a turn that is prohibited by signs at the intersection. In addition, traffic, weather and other events may cause road conditions to differ from the results generated. Therefore, you should always use good judgment. And it is your responsibility to obey traffic and roadway laws and instructions and evaluate whether it is safe and legal based on current traffic, weather and other conditions to follow the directions provided by the Kia Connect System and Kia Connect. Other than as expressly set forth herein, neither KIN nor its Service Provider make any specific promises about the routing data provided hereunder (i.e., we do not make any commitments about the content within the routing data, or its reliability, availability, or ability to meet your needs – the routing and map data is provided “as is”). You acknowledge and agree to be bound by Service Provider’s terms of use.

F. Available Information. Kia Connect may be limited to geographic areas where routing and map data and emergency contact information is available in our databases, which may be less than that which is otherwise generally available. Additionally, Kia Connect may be limited based on the information provided by Service Providers.

G. Force Majeure. addition to the limitations contained in Clause- 5 above as to the availability of Kia Connect, you agree that performance of Application or services and/or functionality of the Kia Connect System or availability of Kia Connect shall at all times subject to Force Majeure events, such as act of god, war, insurrection, riots, natural disaster, weather, fire, strike, atmospheric/geographical hindrances, equipment or facility shortage, government actions/ regulations, terrorism, civil disturbances, equipment failures including Global positioning system, wireless networks, Internet, computer, telecommunication, cyber-attack and other events which are beyond the control of KIN or Service Providers or Wireless Carrier. In the event of occurrence of any Force Majeure events, the obligations of KIN or Service Providers or Wireless Carrier as mentioned in this Terms and Conditions shall automatically remain suspended and accordingly KIN or Service Providers or Wireless Carrier shall not be responsible or liable, if any loss or damage is caused due to failure or delay or interruptions in providing the Kia Connect services or in performing of its obligations, consequent to such Force Majeure events.

4. Software, Hardware And Equipment

A. Software Updates.Application involves pre-installed software that may need to change, upgrade or enhance from time to time. However, such updates and upgrades if any including but not limited to Maps and navigation system provided by third party Service Providers are not covered under the Subscription Plan and as such are not part of the Kia Connect Services. You expressly agree to automatic updates, upgrades and enhancements to this software without prior notice to you. These update, upgrade and enhancement may be required to correct the software, to protect or improve the security of the software or to add or improve features of the software or the operating system. If you wish to withdraw your consent to the automatic updates, upgrades and enhancements, please cancel your subscription to Kia Connect and stop using the Application. In case of any query or grievance, You can contact us by phone: 1800 108 5000 or email: kiaconnect@kiaindia.net

B. Important Information.Changes, upgrade and enhancement to the Application may affect or erase data if any stored in your Vehicle’s Kia Connect System. We are not responsible for loss of any such data. You do not own or acquire any rights to use or modify the Application/software. Your Vehicle’s Kia Connect System may also include software that may need to be changed from time to time. You agree to allow this to be done remotely without your consent.

C. Copyright. All copyrights in and to the Kia Connect System and Application and related software, including any update, upgrade & enhancement are owned by KIN and/or its licensors, who reserve all their rights in law and equity.

D. Telecommunications/GPS Changes. The Kia Connect System uses digital wireless telecommunications technology and GPS technology that are outside our control. Telecommunications technologies have been known to change over time, resulting in the obsolescence of certain telecommunications networks. If the telecommunications technology or GPS technology used in your Kia Connect System change in a way that results in incompatibility of those technologies with your Kia Connect System, then your Kia Connect System will not work and we may be forced to cancel your Kia Connect subscription/account. If that happens, we will notify you of the effective date of cancellation of Kia Connect. In the event of such cancellation of Kia Connect subscription/account, we shall not be liable to refund any amounts paid towards the Subscription Fee and payment Schedule.

E. Wireless Carrier.You do not have any right in the wireless phone number assigned to your Kia Connect System. The Wireless Carrier may change the number at any time. As a condition to providing wireless service, the Wireless Carrier requires that you agree to the following terms. You agree that you have no contractual relationship whatsoever with the Wireless Carrier and that you are not third-party beneficiaries under any agreement between KIN or any Service Provider and/or any Wireless Carrier. In addition, you agree that the Wireless Carrier has no legal, equitable, or other liability of any kind to you

5. Special Information And Agreements About Certain Kia Connect Services

A. Remote Horn & Lights. It is your responsibility prior to activating Remote Horn and Lights to ensure that doing so will not violate any regulation, ordinance or other law applicable to the location of your Vehicle at the time of activation. Trip Information, accessibility and data sharing:-The details of the trip summary/information shall only be available and accessible for a maximum period of 3 months which may vary in view of the data server limits and global policy governing the same. The User shall not be entitled to access or seek any data from KIN unless, the same is required to be disclosed by the User under law by any court, regulatory/judicial/quasi-judicial authority and/or any other law enforcement agencies, subject to the User being able to justify the requirements with valid reasons and documents in that regard. Further, the data/information if any can only be shared to the User in the available and standard format only and in no manner can be translated or customized for any and/or all Users.

B. Remote Start. It is your responsibility prior to activating Remote Start to ensure that your Vehicle is parked and in the proper gear, under conditions that make it safe to start the engine, as well as to ensure that starting your Vehicle remotely will not violate any rules, regulations or other law applicable to the location of your Vehicle at time of activation. In order to drive the Vehicle, the key must be present. Remote Start may not be available in all vehicles such as those with manual transmission.

C. Digital Key 2.0 . Certain models & variants of Kia vehicles with embedded modems are eligible for Kia Digital Key 2.0. Kia Digital Key 2.0 provides the full experience of using your compatible device as a key to access, start, and drive your Vehicle. Kia Digital Key 2.0 provides the core digital key experience of using your compatible device as a card key pass using NFC, Bluetooth and UWB technology to access, start, and drive your Vehicle. To use Kia Digital Key 2.0 you must first complete the activation process and then follow the instructions to pair your digital key to your device or your device’s wallet app. You can share digital keys remotely with a limited number of family and friends who have a compatible device, while controlling the level of access they have to your Vehicle. To activate either Kia Digital Key 2.0 and manage the digital keys, your device must have an active data plan with a wireless service provider. Accounts with wireless service providers are your responsibility, and not the responsibility of Kia. Depending on your data plan, you may incur charges from your wireless service provider for use of their network and/or for specific services, for example, making phone calls, sending or receiving text messages and/or emails or other services. You are solely responsible for any and all costs incurred as a result of the use of this feature.
YOU ARE SOLELY RESPONSIBLE FOR ANY USE OF KIA DIGITAL KEY 2.0 IN YOUR VEHICLE, EVEN IF YOU ARE NOT THE ONE USING IT, AND EVEN IF YOU LATER CLAIM THE USE WAS NOT AUTHORIZED. YOU ARE ALSO SOLELY RESPONSIBLE FOR THE SERVICES REQUESTED BY YOU, OR BY ANYONE USING OR OCCUPYING YOUR VEHICLE, THROUGH KIA DIGITAL KEY 2.0. You promise to educate and inform all users and occupants of your Vehicle about the Kia Digital Key 2.0 services, system features and limitations and these User Terms. We have no obligation to inquire about the authority of anyone using your Vehicle. If you, another driver or a passenger of your Vehicle uses Kia Digital Key 2.0 services to commit a crime or for another improper purpose or if such other driver or occupant of your Vehicle disputes Kia’s collection and use of information as permitted in this Agreement, you agree to indemnify, defend and hold Kia harmless from and against any and all costs, expenses (including attorneys’ fees), losses, damages, and other liabilities which arise from such improper use. In case of theft of vehicle or any Compatible Device having with Digital Key 2.0 access, You should immediately report the same to appropriate authority or Local Police and share the F.I.R. copy with us along with de-registration request of stolen vehicle or compatible device.
Kia Digital Key 2.0 is a comfort enhancement feature and must not be considered as a complete replacement to physical keys offered with your vehicle. It is recommended to always carry a physical key while driving your vehicle to avoid inconvenience in case of unforeseen circumstances as Kia Digital Key shall not work in case either your vehicle or your registered device is located in no or low network area or your registered device has run out of battery.

Kia Diagnosis.

i) Service Description This Service provides remote diagnostic assessments of your vehicle using advanced technology based on the Vehicle data. You hereby agree and provide consent that your personal or vehicular data may be taken to provide this Service. Details of the Services are provided hereunder:

Technology Used-

Connected Car Technology: This service utilizes connected car technology which sends vehicle sensor data from your vehicle's controllers.

Mobile Application: You will need to download and install My Kia mobile application on your smartphone. This app receives notifications from the connected car system.

Data Analysis: Our servers process the data using advanced algorithms and machine learning techniques to diagnose potential issues with your vehicle.

Insights Provided-

Error Codes: Identification of diagnostic trouble codes that your vehicle's controllers have identified.

Maintenance Alerts: Alerts and reminders for regular maintenance tasks based on the vehicle sensor data collected.

Recommendations: Recommendations for addressing identified issues, which may include suggested repairs, maintenance tips, and advice on seeking professional help if necessary.

Delivery Method-

In-App Notifications: Immediate alerts and notifications delivered via the My Kia mobile app.

Real-Time Monitoring:Continuous monitoring of your vehicle's health with real-time updates available through the app. Real-time notification shall also notify relating to last visited workshop.

ii) Service Limitations

The above service is subject to limitations and understanding the limitations of our Service is crucial for setting the right expectations and ensuring you use the Service effectively and safely. The Potential Limitations are detailed hereunder:

Accuracy and Reliability-

Diagnostic Limitations: While this Service aims to provide accurate diagnostic assessments, it may not detect all potential issues with your vehicle. Factors such as the complexity of the vehicle’s systems, intermittent problems, or the limitations of the data collected can affect the accuracy of the diagnostics.

Error Codes Interpretation: This system interprets diagnostic trouble codes (DTCs) based on standardized codes and our proprietary algorithms. However, some codes may have multiple potential causes, and without physical inspection, the exact issue might not be pinpointed accurately.

Data Quality: The accuracy of diagnostics relies on the quality and completeness of the data collected from your vehicle. If the data is incomplete or corrupted, the diagnostic results may be affected.

Technical Limitations-

Data Transmission: The Service requires transmitting data from your vehicle to our servers. Issues with mobile network coverage, internet connectivity, or server availability can delay or disrupt this transmission.

Environmental Factors

Vehicle Condition: The condition of your vehicle's battery and electrical system can impact the accuracyperformance of the OBD-II device vehicle data . Low battery voltage or electrical faults may cause connectivity issues or erroneous data readings.

Service Scope-

Supplementary Nature: This Service is designed to supplement, not replace, professional vehicle inspections and maintenance. The diagnostic insights provided are intended to help you identify potential issues and make informed decisions, but they should not be solely relied upon for critical vehicle maintenance or repairs.

No Physical Inspection: Diagnostics are based solely on electronic data from your vehicle's onboard systems. A comprehensive assessment of your vehicle’s condition may require physical inspection by a qualified mechanic, which this Service does not provide.

E. OTA

OTA updates means over-the-air software updates for your Vehicle which are downloaded directly to the Vehicle to maintain or modify Vehicle systems or to provide improved features and capabilities for your vehicle.

i) You agree and acknowledge that OTA updates are available only for select KIA Models and Variants.
ii) OTA updates are automatically downloaded via the vehicle’s built-in SIM which connects your vehicle to the internet. By Pressing [Install now/Start] and agreeing to these OTA terms, the update will start and You understand that during the update process you will not be able to drive your vehicle.
iii) System allows you to update the software of your Infotainment System using Over-the-Air technology. Though the wireless interface updates can be performed more efficiently and conveniently, the software upgrade will only proceed if all of the conditions below are met:
• Vehicle ignition off state
• External lamp off state
• Gear lever P position
• Engine hood closed
• Parking brake fastening
• Sufficient battery condition
iv) During the installation of some types of OTA updates, certain vehicle functions and services (for example, the SOS Emergency Call, the Roadside Assistance and remote features) may be temporarily disabled. You should select installation of those OTA updates only when you do not need to drive the vehicle, parked in a safe and secure location and sufficiently charged.
v) OTA updates may not install correctly if your vehicle has non-standard software or hardware. OTA updates may not be working correctly or not be supported in case your vehicle has unofficial software or hardware.
vi) OTA updates will overwrite current software on the vehicle. This may also apply to any third party non-standard software on the vehicle.
vii) OTA updates may cause some settings to reset to default settings and may affect or erase data you have stored on the infotainment system in your vehicle and You understand that KIN shall not be responsible for any lost data. You also understands and acknowledges that you do not own the software or firmware of KIN.
viii) You agree that to provide you with an OTA update, KIN may collect and process data from your vehicle such as Vehicle Identification Number versions of the vehicle’s modem and other technical specifications associated with it. Such data will generally be used for the purpose of ensuring the vehicle’s modem has all the necessary updates.
ix) The vehicle cannot be started and driven during the software update. Also, charging the vehicle during the software update is not possible. Therefore, you should ensure sufficient time and battery load as well as a suitable place when performing the update.
x) Wireless Software Update: The vehicle controller (transmission, brake, etc.) software will be updated wirelessly. Updates to improve quality/function such as recall and claim will be included. If wireless software is updated, the result will be notified through mobile app, SMS, etc. In the event of a failure related to wireless software updates such as delayed updates, errors in updates, and failure to update or unable to drive after the wireless software update You may contact emergency customer care by dialing No. 18001085005.__________________________ The contents and scope of wireless software updates may be limited or changed depending on the type and version of the device, OS, rooting status, internal policies of the company, and other operational and Your technical needs.
xi) You understand that cancellation is not possible after the software update starts. If the software update is not completed properly, you can contact the ______________Customer Center by dialing 18001085005 to resolve the problem.
xii) In case of difficulties when performing the software update, you may contact customer service. You understand that OTA updates does not guarantee resolution of all abnormalities in the vehicle and does not replace an inspection at a vehicle repair shop.
xiii) If the controller or software is arbitrarily replaced, the Services cannot be provided, and we will not be liable for the replaced controller and /or software.
xiv) If the battery is removed randomly during the software update, it may cause a fatal failure in the update, and if an electric load is used arbitrarily, the start-up performance after the update may be affected.
xv) KIN is not responsible for any accidents or damages arising from Your failure to comply with these terms and conditions / owners manual or not modifying / notifying KIN of any changes to the information (name, address, email address, mobile phone number registered with the KIN.) You understand that If incorrect information causes problems in providing services, KIN shall be relieved of the responsibility.

6. Application:

The Application permits you to purchase or receive/use digital content or services. Use of the Application may require Internet access (fees may apply). You agree that meeting these requirements, which may change from time to time, is your responsibility. You understand that the Application communicates information to KIN as described in Section 9. KIN reserves the right to change content options (including eligibility for particular features) without notice.

7. Services Provided By Soundhound, Inc And Its Affiliates (‘soundhound’):

These terms and conditions are additionally applicable to voice recognition and content delivery services made available as local distributed software and a cloud-based offering by SoundHound (‘Voice Services’)
i) When you interact with the Voice Services, you hereby grant SoundHound an irrevocable, non-exclusive, transferable, royalty-free, sub licensable, worldwide license to use, modify, reproduce, publicly display, publicly perform, distribute, store, collect, copy, transmit, transfer, process, and make derivative works of audio recordings of your voice and text interactions with the Voice Service (“Recordings”) only for SoundHound Business Purposes;
ii) You consent to the collection, processing, storage, and use by SoundHound and its service providers, expressly including Recordings, and the transfer of such Recordings to and between SoundHound and its affiliates and service providers (which may be in the United States or in other countries), in each case for SoundHound’s business purposes, including for the purposes of (i) providing the Voice Services, (ii) to improving, optimizing, troubleshooting, and creating bug fixes for the Voice Services, and/or (iii) to providing or facilitating new products, services or technologies (collectively, “SoundHound Business Purposes”);
iii) You agree and acknowledge that SoundHound may retain archival or server copies of the Recordings and there is no guarantee that SoundHound will delete or de-identify copies of your Recordings;
iv) You may incur data usage charges in varying amounts, based on variable factors which include the number of interactions with the Voice Services;
v) The Voice Services are not intended for persons under the age of majority for whom the permitted uses herein would violate local privacy laws. By using SoundHound Technology, you represent that you are permitted to use the Voice Services in your jurisdiction. If a parent or guardian becomes aware of such use, he or she should contact SoundHound at privacy@soundhound.com. SoundHound will delete such information within a reasonable period of time;
vi) SoundHound technology is not designed or intended for use in any manner where a performance failure could cause injury or death to persons; the technology is not suitable for emergency use; and it may rely on components that may not comply with applicable law on provision of emergency services;
vii) SoundHound reserves all rights to the Voice Services. You may not use the Voice Services other than for submitting Recordings (misuse includes to copy, reproduce, distribute, or otherwise misuse the Voice Services, interfere with security-related features or any operation of the Voice Services, perform any fraudulent activity, or assist any other person in any of the foregoing).
viii) Sections related to warranty disclaimers, and limitations on liability per the provisions contained in this Terms and Conditions shall also apply with respect to SoundHound

8. Your Responsibilities

A. Working System/Registration. The Kia Connect System in your Vehicle may be active before you buy Vehicle or press the Kia Connect button to begin using the service. In that case, we may provide you service after you buy Vehicle, unless you inform Customer Care Center that you want to cancel the service. Any transaction with anyone but us that you carry out using service, and any use that you make of any information received from or through any service, is entirely your responsibility. You act at your own risk.
B. Passwords/PINs. You are fully responsible for the protection of your password/PINs. Anyone who has access to your password or PINs may be able to access the Application Features and Account, and Application and we have no responsibility for nor obligation to inquire about the authority of anyone using your password/PINs or other information that can be used to identify your account to request service for your Vehicle.
C. Proper Use of the Services. You are responsible for ensuring safety and compliance with all rules, regulations and other laws applicable to your Vehicle. You promise to use emergency and roadside services only for actual emergencies and roadside assistance needs. You promise not to use the service for any fraudulent, unlawful, or abusive purpose, or in any way that is not described in materials provided by us to you or that interferes with our provision of services to you or to our other customers. You promise you will not abuse or do anything to damage our business operations, services, reputation, employees or facilities. If you do any of these things, you agree to indemnify, defend and hold us harmless from and against any and all costs, expenses (including legal fees), losses, damages and other liabilities which arise from or in connection with a claim or demand that any third party makes against us, which results in whole or in part from that use or misuse, or your actions or failure to act.
D. Safeguarding and Use of Others Information. Certain information you receive through Kia Connect belongs to us or third parties who provide it through us. It may be covered by one or more copyrights, trademarks, service marks, patents, trade secrets or other legal protections. You promise not to use any content you receive through Kia Connect except as expressly authorized by us. You cannot license, lease, sell, resell, have licensed, have leased, have sold or resold, or otherwise transfer or convey any of it or use it for commercial purposes. You agree that you will not copy, store, reproduce, distribute, modify, display, publish, perform, transmit, broadcast, or create derivative works from any of it. Certain Service Providers impose further terms and conditions on providing services (for example, the end user terms covering navigation and location data). By using Kia Connect, you also agree to be bound by those additional terms and conditions. If you contravene any of the aforesaid restrictions in usage of intellectual property rights of us or third parties, your right to use Kia Connect will cease immediately. This is without prejudice to our or third parties right to claim compensation for the acts of infringement committed by you and accordingly you will be liable to compensate us or third parties for such infringement.
E. Other Users/Occupants of Your Vehicle. You are solely responsible for any use of Kia Connect System and Application in your Vehicle, even if you are not the one using it, and even if you later claim the use was not authorized. You are also solely responsible for the Services requested by you, or by anyone using or occupying your Vehicle, through Kia Connect. You promise to educate and inform all users and occupants of your Vehicle about Kia Connect, system features and limitations and KIN’s use of such user’s and occupants’ information as permitted by these Terms and Conditions. We have no obligation to inquire about the authority of anyone using your Vehicle. If you, such other driver or occupant of your Vehicle uses Kia Connect or Kia Connect System to commit a crime or for improper purpose or disputes collection and use of information by KIN or its Service Providers as permitted by these Terms and Conditions, you shall indemnify, defend and hold KIN and its Service Providers harmless from and against any and all costs, expenses (including legal fees), losses, damages and other liabilities which arise from such crime, improper use or disputes.
F. In the event that You fail to comply with the Terms and Conditions or You are no longer the registered owner of the vehicle, all rights granted to you in relation to the Application and the Kia Connect System/Service shall immediately come to an end and you will immediately uninstall the application and destroy all copies of the Application. KIN, its affiliates, its licensors or its authorized dealers shall not be responsible, in any way for the use of the Application/Kia Connect Systems/Services by You after You cease to be an owner/registered owner of the Vehicle.
G. On the cancellation or removal of the Application/device from the vehicle, the data captured/stored on/through the Application/device/Kia Connect System till date shall not be accessible to/by You. In the event of transfer/sale of Vehicle, You will ensure that the Vehicle and Application/device is transferred to the new/future buyer and the relevant records are updated with the Regional Transport Authority.

9. No Warranties.

Your Vehicle’s limited warranty does not cover Kia Connect, Kia Connect System or the wireless service, which is provided to you on an “as is” and “where is” basis, without any warranty of any kind, express or implied. In addition, KIN cannot promise uninterrupted or problem-free Service/Application, and cannot promise that the data or information provided to you will be error-free. The Service or performance of Application may be delayed, unavailable, not delivered and/or inaccurate from time to time due to a variety of factors, including technical reasons, for planned or unplanned maintenance or downtime, for editorial amendments or for any other reason. All data and information on Application and Kia Connect System is provided to you on an “as is” basis. KIN hereby expressly disclaims any and all warranties or conditions of any kind, express or implied, about the Kia Connect System, Application, the service and any data and information and services provided through it, including, without limitation, any warranties or conditions as to content, quality, accuracy, timeliness, completeness, correctness, reliability, non-infringement, merchantability, or fitness for a particular purpose. All such warranties or conditions are expressly excluded by this agreement. KIN does not warrant, endorse, guarantee, or assume responsibility for any service/content of any third-party providers of products or services in the Application or Kia Connect system and KIN will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services.

10. Limitations Of Liability.

A. You acknowledge that the service, Kia Connect System and the Application utilize complex computer/ Hardware and telecommunications networks and that, as such, continued, uninterrupted and error free access to the Service, Kia Connect System and/or the Application cannot be guaranteed. In the light of the foregoing, KIN or any Service Providers or their officers, directors, employees, representatives, successors and assigns shall not be liable in any way for any loss or damage, direct or indirect, which may arise, from any outage, interruption, discontinuation or delay in the service or the Application or any part thereof or any error contained therein, or from any other non-performance, defective performance or late performance due to any cause whatsoever, including errors due to malfunction of equipment, programs or operations or negligence of KIN or any Service Providers.
B. Further, in no event KIN and/or Service Providers be liable for any indirect, special, punitive, exemplary or consequential losses or damages of whatsoever kind arising out of your use or inability to use or access or inability to access to the service or Application or corruption/loss of data, failure to transmit or receive any data or your inability to use the Application/information on the Application, including loss of profit or the like whether or not in the contemplation of the parties, whether based on breach of contract, tort (including negligence) or otherwise. KIN is not liable to you for any damage or alteration to your equipment including but not limited to handheld device or mobile phone as a result of the installation or use of the Application. Service Providers shall be responsible only for the direct damages arising out of the Application.
C. Neither we nor Service Provider is liable to you for service interruptions, dropped calls or for problems caused by or contributed to by you, any third party, buildings, hills, tunnels, network congestion, weather, or any other things beyond our control.
D. If another Wireless Carrier is involved in any problem (for example, because of roaming), you also agree to any limitations of liability that it imposes on its customers.
E. You agree that KIN is not liable for any errors, defects, problems, or mistakes in data or information transmitted through the Kia Connect System.
F. You agree that the limitations of liability and indemnities in these Terms and Conditions will survive even after termination of Kia Connect. These limitations of liability apply not only to you, but to anyone using your Vehicle, to anyone making a claim on your behalf, and to any claims made by your family, employees, customers, or others arising out of or relating to your use of Kia Connect or the Kia Connect System.

11. Your Insurance Obligations.

Kia Connect is intended as a convenience. The payments if any you make for Kia Connect are over and above the value of your Vehicle or any property in it, or the cost of any injury to or damages suffered by you or anyone else as a result of the operation of your Vehicle. You shall obtain and maintain appropriate insurance covering personal injury, loss of property, and other risks as per applicable law. For yourself and for anyone else claiming under you, you hereby release and discharge KIN from and against all hazards covered by your insurance. No Insurance Company or Insurer will have any right of subrogation against KIN.

12. Your Responsibility For Any Third Parties’ Claims.

You will indemnify, defend and hold KIN harmless from any and all loss, costs, expenses, damages (including legal fees), or injuries (including injuries resulting in death) that we may incur or suffer as a result of or arising out of or in connection with (1) activities contemplated by these Terms and Conditions, even if due to the sole negligence of KIN or any of the Service Providers; (2) Use or possession of data or information provided in connection with service and/or Kia Connect System and/or Application; (3) claims for libel, slander, or any property damage, personal injury or death, arising out of or related in any way directly or indirectly with service and/or Kia Connect System and/or Application; or (4) use, misuse or failure to use, or inability to use Application and/or Kia Connect System and/or Service.

13. Resolving Disputes.

A. Governing Law & Jurisdiction. The interpretation of these terms and conditions shall be constructed in accordance with the laws of India. Any disputes arising under or in connection with the use of Kia Connect System, Application or service or the Terms and Conditions shall be subject to the exclusive jurisdiction of the appropriate Courts in Gurugram, Haryana, India.

B. Time Limits. Except where otherwise provided by law, you are not allowed to bring any claim against KIN (or any other third-party beneficiary) more than two year from the date of cause of action.

14. General.

A. Communicating with Each Other. Any written notice from you to us will be considered given when we receive it at our address provided in the introduction of these Terms and Conditions. Any written Notice from us to you will be considered given when we send it by email to any email address you’ve provided to us, or two days after we mail it to you at the most current billing address, we have on file for you. Any oral notices will be considered given when we call you or when you call us at 1800 108 5000. For further information, you can also visit our Website at www.kia.com/in.

B. Others. You agree that all of the occupants of your Vehicle, whether passengers, guests or drivers, are bound by these Terms and Conditions and you will make them aware of our rights and subject to the limitations of these Terms and Conditions.

C. Our Relationship. These Terms and Conditions do not create any fiduciary relationships between you and us. It also does not create any relationship of principal and agent, partnership, or employer and employee.

D. Assignment. You shall not transfer, assign, sublicense nor pledge in any manner whatsoever, any of your rights or obligations under these Terms and Conditions. KIN may transfer, assign sublicense or pledge in any manner whatsoever, any of its rights and obligations under these Terms and Conditions to a subsidiary, affiliate or to any third party whatsoever, without notifying you or receiving your consent.

E. Consent. By agreeing to these terms and conditions, You hereby agree and acknowledge that You provide herein your consent to use your personal and/ or vehicular data and also allow KIN to send data to its parent company at their location or any other group / affiliate company at their location for providing You the services mentioned herein. In case you do not provide consent you would not be able to avail the services and You may withdraw your consent at any time by following the cancellation procedure specified herein.

F. Final Provisions. These Terms and Conditions and any other KIN Kia Connect documents incorporated herein by reference) is the entire agreement between you and us. It supersedes all other agreements or representations, oral or written, between us, past or present in respect of Kia Connect. In the event of a conflict between any provision contained in these Terms and Conditions and any provision of any other KIN Kia Connect document incorporated herein, the provision contained in these Terms and Conditions shall take precedence only to extent of such variation, and no additional or different terms shall be binding on either of us unless agreed to in writing. These Terms and Conditions will not be presumptively construed for or against either party. Section titles contained herein are for convenience only. If any part of these Terms and Conditions is considered invalid or unenforceable under any applicable law, the rest of it will remain enforceable. Even after the Kia Connect Service has ended, these Terms and Conditions will govern any disputes arising out of or relating to it. It will also be binding on your heirs and successors and on our successors and assigns. No waiver of any part of these Terms and Conditions, or of any breach of it, in any one instance will require us to waive any other instance or breach. In some circumstances we might decide to provide you service voluntarily even if you would not otherwise qualify. This will not be deemed a waiver or require us to do so again. You agree we will not be liable for anything resulting from our provision of such service.