2. Use of the Services
2.1. The activation of Hyundai Bluelink enables you to use the Services described in Section 3. No further sign up is required. For information regarding the related data collected and the processing thereof please refer to our Privacy Notice in the on-board menu.
2.4. The Services are linked to your vehicle and cannot be received in or transferred to another vehicle.
2.5. The use of the Services will be open to all passengers of the vehicle. You will remain the sole contracting party and as such solely responsible for the appropriate use of the Services (cf. also Section 5 below).
3.1. The Services comprise the following individual services:
a) Vehicle Diagnostics
Vehicle diagnostics enables the User to receive information about active trouble codes
(vehicle’s error messages) of certain control units of the vehicle.
3.2. Hyundai is entitled to entrust the performance of the Services (or parts thereof) to subcontractors.
3.3. From time to time we may automatically update Hyundai Bluelink and change the Services to improve performance, enhance functionality, reflect changes to the operating system or address security issues.
3.4. If you choose not to install such updates or if you opt out of automatic updates you may not be able to continue using the Hyundai Bluelink and the Services.
4. Copyright / Intellectual Property
4.1. The entire content of the Services is the property of Hyundai Motor Company, its direct or indirect subsidiaries (hereinafter referred to collectively as "Hyundai Group") or third parties. All rights in the Services, the underlying software, the content and arrangement are owned by Hyundai Group and its licensors. You must not sell, distribute, publish, broadcast, circulate or commercially exploit the Services in any manner without our express written consent. You may not reproduce (in whole or part), transmit (by electronic means or otherwise), modify, display, redeliver, license, link or otherwise use the Services for any public or commercial purpose without our prior permission.
4.2.1. use any image, trade mark, service mark or logo, all of which are the property of Hyundai Group. Hyundai Group reserves all rights with respect to its proprietary information or material in connection with the Services and will enforce such rights to the full extent of applicable copyright and trade mark law.
4.2.2 rent, lease, sub-license, loan, provide, or otherwise make available, Hyundai Bluelink or the Services in any form, in whole or in part to any person without prior written consent from us;
4.2.3. copy the Hyundai Bluelink or Services, except as part of the normal use of the Hyundai Bluelink or where it is necessary for the purpose of back-up or operational security;
4.2.5. disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of Hyundai Bluelink or the Services nor attempt to do any such things, except to the extent that such actions cannot be prohibited because they are necessary to decompile Hyundai Bluelink to obtain the information necessary to create an independent program that can be operated with the Hyundai Bluelink or with another program (Permitted Objective), and provided that the information obtained by you during such activities:
220.127.116.11. is not disclosed or communicated without our prior written consent to any third party to whom it is not necessary to disclose or communicate it in order to achieve the Permitted Objective; and
18.104.22.168. is not used to create any software that is substantially similar in its expression to Hyundai Bluelink;
22.214.171.124. is kept secure; and
126.96.36.199. is used only for the Permitted Objective;
5. User Obligations
5.1. You are obligated to comply with applicable law and respect the rights of third parties when using the Services.
5.2. In addition, you must not misuse the Services and abide by the obligations set out as follows:
a) You must not use the SIM card built into the head unit and used for the provision of the Services: (i) for the transmission of voice (including VOIP); (ii) to access a publicly addressable destination (i.e. public IP address) including through the use of a proxy, gateway or routing; (iii) in any way that attempts to penetrate security measures whether or not the intrusion results in the corruption or loss of data; (iv) in any way that uses the Services or software related to internet relay chat, peer to peer file sharing, bit torrent, or proxy server network; (v) in a way that involves spamming, the sending of bulk unsolicited emails or commercial messages or maintaining an open SMTP relay; or (vi) in any way that causes the network to be impaired. You must not publish any results of any benchmark or performance tests of the SIM card, the network, the Services, or component thereof to any third parties.
b) You must not use the Services for unlawful purposes of facilitate that third parties use the Services for unlawful purposes.
c) You must not wilfully disrupt the Services by any means.
5.3. You shall bear any costs occasioned for a misuse of the Services.
5.4. In case of sale or permanent transfer of the vehicle to a third party, we recommend to you to ensure that Hyundai Bluelink is deactivated in the on-board menu. Please note that, if you have connected your vehicle with the Hyundai Bluelink application, by deactivating Hyundai Bluelink in the on-board menu, your driving data will no longer be visible in the Hyundai Bluelink application and your vehicle is disconnected from the app. Please be informed that your account data in the Hyundai Bluelink application will not be deleted.
6. Network Speed / Availability
6.1. The provision of Services is done via a built-in vehicle SIM card. The Services are therefore territorially limited to the reception and transmission range of the radio stations operated by the respective network operator and can be affected by atmospheric, topographic conditions, the position of the vehicle and obstacles such as buildings. In addition, the provision of the Services requires the functionality and operational readiness of the required mobile network of the built-in SIM card.
6.2. The 4G/LTE services (provided by an external service provider) are only available on compatible devices (i.e. the head unit) which support the particular 4G/LTE frequency of the specific roaming network. Where 4G/LTE services cannot be provided, 2G or 3G services will be provided subject to the availability of, and compatibility of the head unit with, such networks.
7.1. We reserve the right to temporarily or permanently deactivate access to the Services in whole or in part for technical and security reasons (e.g. in the event of gaps in security) and other important reasons.
7.2. The provision and use of the Services may be subject to restrictions with regard to the current state of the art beyond the scope of our control. This relates in particular to the availability of the data connections provided by carriers. In individual cases, the non-availability of the network can lead to the Services not being available as the necessary data transfer cannot occur. In addition, short-term capacity bottlenecks can arise from peak loads on the Services, wireless and fixed networks and on the Internet.
7.3. Disruptions can also arise due to force majeure, including strikes, lockouts and official orders, and on account of technical and other measures (e.g. repairs, maintenance, software updates, and extensions) necessary on our systems or those of downstream or upstream providers, content providers and network operators, which are necessary for the proper or improved performance of the Services.
8. Data Protection
8.1. For information on how we collect and process personal data in connection with the provision of the Services please refer to our Privacy Notice available via the on-board menu.
8.2. We recommend the User to inform any other user/driver of the vehicle that the Services are activated. In particular we recommend to the User to inform such other user/driver about the data processing activities described in the Privacy Notice and the fact that the Services require the collection and processing of location data (GPS data).
9. Term and Free Services
10. Termination / Restriction of Use
a) user successfully rescinds from purchase agreement for the vehicle; or the purchase agreement is reversed for other reasons successfully; or
b) the user account is deactivated.