1.1. We may modify, add or remove portions of the Terms and the content on this Site at any time without notice. All changes are effective upon posting and apply to all access to and use of the Site thereafter. You are expected to check the Site periodically, so You are aware of changes and current Terms because they are binding on You. If You do not agree to the modified Terms, You should discontinue your access and use of the Site. Your continued use and access to the Site following any modification to this Terms shall be deemed an acceptance of all modifications.

2.1. The purpose of the Site is to offer a platform for current and prospective Lampsy customers to purchase or pre-order our Tripguard® product—an AI-powered intelligent electronic rearview mirror—designed, developed, manufactured, and sold by Lampsy (the “Product”), in accordance with the terms and conditions outlined in this document

You are solely responsible for the accuracy, completeness, timeliness or usefulness of the information you provide. We disclaim all liability and responsibility arising from any reliance placed on such materials by anyone who may be informed of any of its contents.

2.2. You are responsible for obtaining and maintaining all connectivity, computer or mobile software, hardware and other devices or equipment needed for access to and use of the Site and all charges related to the same.

2.3. Access to the Site may not be legal by certain persons or in certain countries. You shall be the one responsible for compliance with the laws that You are subject to.

2.4. If You infringe these Terms, your access to the Site may be terminated immediately and without previous notice.

3.1. The use of the Site shall be restricted to the stated purpose. Accordingly, You shall not use the Site:

(a) In any way that implies a breach of these Terms;

(b) In any way that violates any applicable law or regulation, including uploading or submitting content or information that encourages conducts that may result in civil liability or otherwise violate or breach any applicable laws, regulations or code of practice, including any violation or infringement of intellectual or industrial property rights of any person;

(c) In any way that could damage the functioning of the Site or our servers or any networks connected to any of our servers in any manner;

(d) For any commercial or for-profit purposes not previously authorized by Us;

(e) To upload files that contain viruses or similar software programs with the aim to damage another person’s computer or system or otherwise jeopardize the integrity of the Site; and/or

(f) If according to your personal law and to the laws of Spain, You are not old enough to access the Site.

3.2. Furthermore, You should not use automated systems or software to extract data from the Site for commercial or non-commercial purposes (Screen Scraping) unless You have previously concluded a written license agreement with Us for this purpose.

3.3. We may develop automated systems to improve our ability to detect and remove abusive people and activity that may harm our community and the safety and security of our Site, services and products. If We learn of people or activity like this, we will take appropriate action by removing such people or activity or contacting law enforcement.

4.1. We may modify the content of the Site, in our sole discretion without notice. We do not guarantee that the Site and its content will always be available or be interrupted. We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. From time to time, We may restrict access to some parts of the Site, or the entire Site, to users.

5.1. The Site offers services for the right to purchase the Product, and regulates the pre-order or purchase, conditions of the Product (the “Service”).

5.2. For the provision of the Services, You will provide a series of information and documentation through the Site so that We can contact You to arrange the pre-order or purchase, payment and delivery of the Product.

6.1. In order to use the Site and any of the functionalities of it or the Service We would require You to create your own personal account (the “Account”) by providing Us with your name, surname, username, an e-mail, a password, a phone number and some additional personal data, relevant for the Services, which will always be treated according to our Privacy Policy. Such Account shall be personal and its access information strictly confidential and, hence, You are fully responsible of the activity occurring under your Account and We shall not be liable for any loss or damages that You may suffer as a result of someone else using your Account and/or accessing or using your content. Likewise, You shall be liable to any losses or damages caused under the use of your Account, regardless if it is being used by a third party. To maintain control over the Account and to prevent anyone from accessing the Account, You should maintain control over the devices that are used to access the service and not reveal the password or details of the payment method associated with the Account to anyone. You are responsible for updating and maintaining the accuracy of the information you provide to us relating to your Account. You agree to notify Us immediately at hello@lampsy-mobility.com if you discover any unauthorized use of your Account or login credentials. We can terminate your Account or place your Account on hold in order to protect You, We or our partners from identity theft or other fraudulent activity.

At present, the way to purchase or pre-order the Product is through its reservation, paying an amount of money that gives to the customer the right of priority over other customers, and which guarantees that the reserved unit will go into production according to the order of receipt of reservations.

7.1. When You access the Site and proceed to pre-order or purchase the Product, You will have to make the payment indicated, by virtue of which you will have the right to receive it.

7.2. Once You proceed to pay the Product, Lampsy will send You a confirmation email to the personal email address You have indicated during the purchasing process, where this Terms will be also be included, together with the Product information.

7.3. The Product will be offered to You at the price posted on the Site at the time You purchase it, which may be changed at our sole discretion (the “Price”). For clarification purposes, it is noted that, once You have purchased or pre-ordered the Product at the price indicated on the Site, We will not be able to charge You a different price from that price, even if the price has changed prior to the completion of the Product delivery.

7.4. The product has been developed, tested, proven effective, and is operational, making it ready for market release. The delivery timeframe is due to Lampsy Personal Mobility having just begun the early production stage, which results in delivery times of no less than four months. The Product is currently in the early production phase, and as such, we do not yet have stock available. Consequently, the Manufacturing Period, which is set at four months, and the Delivery Period may differ from the timelines indicated in this section. Any potential delays will not entitle You to any compensation or refunds of previously paid amounts, even in the case of multiple delays in delivery beyond the dates initially provided by Lampsy. However, Lampsy commits to making its best efforts to ensure delivery of the Product within the stated Delivery Period.

8.1. Except for shipments to Spain, shipping costs will not be included in the Price of the Product and will be charged to You, depending on the country in Europe where the Product is to be delivered. Whilst Lampsy will do its best efforts to ensure the lowest possible shipping costs, the shipping costs may vary depending on the carriers available at the time of delivery of the Product, the area to which the Product is to be delivered, among others.

8.2. Lampsy will not be responsible for any additional costs arising from the shipping of the Product, as well as any delays that may occur for reasons beyond Lampsy’s control, therefore You will be ultimately responsible for the total cost of the shipping.

9.1. The product is intended to provide the customer with information about vehicles or people that are moving or stationary behind their vehicle, using AI-based algorithms as well as predictive mathematical algorithms. The product is not a safety device and, as such, may experience failures, delays in providing information, or lack of availability. The driver of the vehicle in which the product is installed will be responsible for their decisions and, under no circumstances, can the product be held accountable for decisions the driver makes based on the information received from the product. In all respects, the customer accepts that the product serves as an informational aid, which may fail or be unavailable, and therefore Lampsy Personal Mobility will not be responsible, under any circumstances, for the decisions or lack of decisions the customer may make in their vehicle while the product is installed. In no case may the customers hold Lampsy Personal Mobility responsible for the consequences of decisions made, or not made, by them based on the information provided by the product, which should always be considered as indicative and subject to errors.

9.2. The Product shall not be used for any purpose, except as expressly permitted under these Terms.

9.3. The product is removable and therefore susceptible to theft. Lampsy Personal Mobility will not be responsible for any theft of the product that may occur.

9.4. Opening or tampering with the product internally, or taking it to unauthorized repair shops, is not only highly dangerous for the owner and others but also results in the immediate voiding of the warranty and refusal of official service. Lampsy assumes no responsibility for products that have been opened by the customer or third parties, tampered with, or subjected to unauthorized technical interventions.

10.1. The Product is covered by a warranty provided by Lampsy (the “Product Warranty“), the computation of which shall commence upon Lampsy’s actual delivery of the Product to You. The Warranty shall be provided for the minimum duration established in the Spanish regulations applicable at the time of purchase of the Product (the “Product Warranty Period”).

10.2. During the Product Warranty Period, an in the event that the Product presents manufacturing, quality or software problems, You will have the right and Lampsy undertakes that Lampsy will carry out the corresponding repair, and You will only pay the costs associated with transporting the Product from Your home to Lampsy’s facilities and from Lampsy’s facilities to Your home. Lampsy undertakes to respond to requests related to the Product Warranty in the shortest period of time possible, as well as to repair the Product as quickly as its operational capabilities allow.

10.3. In the event that You or any person alien to Lampsy or its network of distributors who does not have the express and written authorization of Lampsy, manipulates the Product, You will lose the Product Warranty and any rights that it confers. In this sense, in the event that Lampsy discovers or is informed that an attempt has been made to manipulate the Product in any way, it will not be obliged to repair such manipulated Product, regardless of whether You have signed a budget and the Product has been sent to the Lampsy facilities.

In the event that this event occurs, Lampsy will return the Product to the client in the same state that it was received, informing them of this circumstance, and declining all responsibility for damages that the Product may cause to You, third parties or any property as a result of such manipulation.

10.4. The Product Warranty will not include, under any circumstances, any repair derived from falls, run overs, blows, theft, fire or any similar event not attributable to Lampsy, even when it is not attributable to You either. This clause will be applicable under all circumstances, even when You have made a non-negligent use of the Product and through no fault of Lampsy any of the damages described have occurred.

10.5. In the event that the Product has suffered damage derived from its improper use as defined in the previous clause, as well as from manipulation of the Product, whether the Product Warranty Period has not expired, You will lose the right to the Product Warranty. If You want Lampsy to repair the Product under these conditions, Lampsy will provide you with an estimate budget that must be accepted and paid prior to the delivery of the repaired Product.

10.6. Likewise, We make no warranty that the Product will meet your requirements, and, in the event that any damage occurs due to causes attributable to a manufacturer other than Lampsy, which is a supplier or to any carrier or partner, Lampsy will not be responsible for it and You will have to go against them in relation to any eventual claim.

11.1. Your privacy is essential to Lampsy, therefore, and considering that the browsing through our Site involves the processing of personal data, in compliance with the Regulation (UE) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and the free movement of such data and the Organic Law 3/2018 of December 5 on Personal Data Protection and guarantee of digital rights, to obtain information about the processing of personal data carried out on our Site, please check the links to our Privacy Policy as well as our Cookie Policy.

12.1. Content provided by Us: We or our licensors, when applicable, shall retain all right, title and interest to the Site and any content information, material, code and Site that is part of the Site and any other right, document or material arising from the performance of our services, including without limitation, all copyrights, software, patents, trademarks, navigation architecture, databases, services, graphics, videos and other content and/or visual components that make up the app other intellectual property rights, logos, icons, user interfaces, scripts, videos, text, images, sounds, music, videos and artwork (“Our IP”).

Except with our express written permission or as permitted by applicable laws, You may not (in whole or in part) copy, distribute, reproduce, adapt, store, transmit, decrypt, print, display, commercialize, perform, publish or create derivative works, offer for sale or use (except as explicitly authorized in these Terms) any part of Our IP. No rights are granted to you except as expressly set forth in this Terms.

You also agree not to: circumvent, remove, alter, deactivate, degrade or thwart any of the content protections in the Site; use any robot, spider, scraper or other automated means to access the Site; decompile, reverse engineer or disassemble any Site or other products or processes accessible through the Site or the service; insert any code or product or manipulate the content of the Site in any way; or use any data mining, data gathering or extraction method. In addition, you agree not to upload, post, e-mail or otherwise send or transmit any material designed to interrupt, destroy or limit the functionality of any computer Site or hardware or telecommunications equipment associated with the Site, including any Site viruses or any other computer code, files or programs.

12.2. Content or Information provided by You: You represent to Us that You are either the owner or have all rights and permissions over any document, file or information (“Your Information”) that You upload to the Site. Furthermore, Your Information will not infringe the rights of any third party.

Lampsy does not supervise, monitor or control the information or messages or notifications or content or files sent by users of the Site. To this end, You agrees to respond to Lampsy and to indemnify for any damages that may be generated to Lampsy or to any other third party as a result of the notifications or communications sent, including but not limited to, the possible civil, administrative or any other type of liability, as well as to pay Lampsy for legal, administrative, judicial, lawyers and solicitors.

12.3. If We believe You are breaching security, other’s intellectual property rights, these Terms (or other applicable terms) or our Privacy Policy, We may suspend your use and access to the Site and your account, if any.

13.1. In the case that the Site contains an action, information, content, material, data, opinion, advertisement, promotion, logo or any link to any websites, Site, mobile app, wearable technology or any other third-party content (collectively, the “Third-Party Content”), We hereby inform You that We are not responsible for such Third-Party Content, or any changes or updates to them. The Third-Party Content may provide their own terms and conditions of use, privacy policies and cookies policies that apply to You and your use of such Third-Party Content is not governed in any manner by these Terms.

13.2. We may display Third-Party Content, which is deemed appropriate and reliable to You and/or the users. However, as We cannot control all Third-Party Content included, We make no representations or warranties of any kind regarding such Third-Party Content, and We accept no responsibility for any loss or damage which might arise from the use of such Third-Party Content. Accordingly, your use of or interactions with any Third-Party Content, and any third party that provides Third-Party Content, are solely between You and such third parties and, therefore, if You decide to access to such Third-parties Content, You do so entirely at your own risk and subject to the terms and conditions of use for such Third-Party Content.

14.1. The Site and all information, products and Services provided are provided on an “as is” and “as available” basis, and We expressly disclaim all express or implied warranties of all kinds, including but not limited to guarantee that the implied warranties of accuracy, validity reliability, availability, suitability or completeness of any information, content or data provided through the Site and, therefore, in no event, We will be liable, whether in contract or tort, for any claim, loss, damage, liability, cost or expense of any kind, whether direct or indirect (including damages for loss of business, revenues, profits, data, use, goodwill or other intangible losses) or any other damages of any kind related to You caused from the access or use of the Site or relying on the content of the Site.

14.2. Likewise, We make no warranty that the Site will meet your requirements, be safe, secure, uninterrupted, timely, accurate, or error-free, or that your information will be secure.

14.3. We are not responsible for the content, data, or actions of third parties, and You release Us, our directors, officers, employees, and agents from any claims and damages, known and unknown, arising out of or in any way connected with any claim You have against any such third parties. No advice or information, whether oral or written, obtained by You from Us or through or from our services creates any warranty not expressly stated in these Terms.

14.4. Any material or information uploaded and/or downloaded or otherwise obtained through the Site, or the server that makes it available, is done at your own discretion and risk, and You will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material, as We cannot guarantee that they are free of viruses, worms, trojan horses or other harmful components. You agree that We have no responsibility or liability for the deletion of, or the failure to store or to transmit, any content or communication maintained in the Site.

14.5. In addition, You accept and acknowledge that We do not guarantee the identity of the users of the Site and We will not be liable under any circumstances to You or third parties for any fraud related to the identity of such users.

14.6. Notwithstanding the above, in any case, our aggregate liability relating to, arising out of, or in any way in connection with the Site and/or the Services shall be limited to losses that are a reasonably foreseeable consequence of such breach and, in any case, the maximum amount of liability assumed by Us may not exceed the lowest of the following: (i) the amount paid by You to Lampsy for the Services during the previous six (6) months; or (ii) the amount of €75. If the applicable law does not allow all or any part of the above limitation of liability to apply to You, the limitations will apply to You only to the extent permitted by applicable law.

15.1. To the fullest extent permitted by applicable law, You will indemnify, defend and hold Us harmless and our respective past, present and future employees, officers, directors, contractors, consultants, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors and assigns from and against all claims, damages, liabilities, losses, costs and expenses (including attorneys’ fees) that arise from or relate to (i) Your access to the Site, including, but not limited to, services other than as expressly authorized in these Terms; (ii) violation of these Terms or of the applicable law by You; (iv) use of information from the Site by You; or (v) any misrepresentation made by You.

15.2. We reserve the right to take over the exclusive defense of any claim for which We are entitled to indemnification under this clause. In such event, You shall provide Us with such cooperation as is reasonably requested.

16.1. We may modify, suspend or terminate Your access to the Site (in whole or in part) at any time.

16.2. If these Terms or your account are terminated, Your rights to access and use the Site immediately ends and any licenses granted to You under these Terms terminate.

17.1. The Site may contain translations of content that it is originally in other language. These translations are provided only as a convenience. In the event of any conflict between the English language version and the translated version, the English language version shall prevail.

18.1. We are a company registered in 08005-Barcelona, calle Pujades, número 51-55, office 23, with Tax Identification Number B-67.406.850 and filed with the Commercial Registry of Barcelona, Volume 46.909, Sheet 24, Page B-535.003.

18.2. You can send any request to Us through this email: hello@lampsy-mobility.com

19.1. The Terms (including the Privacy Policy and the Cookies Policies) contain the entire understanding between We and You with respect to the Site and supersedes all prior written and oral agreements and understandings relating to this matter, which shall have no further force or effect from the date hereof.

19.2. If any provision of these Terms is determined to be invalid or unenforceable in whole or in part, for any present or future reason, such invalidity or unenforceability shall not affect the enforceability of any of the remaining provisions hereof. These Terms shall be construed in such a way as if such invalid or unenforceable provisions had never been contained herein. For those purposes, the Terms shall no longer be valid exclusively with respect to the null or invalid provision, and none of the remaining parts or provision of these Terms shall be null, invalid, prejudiced or affected by such nullity or invalidity.

20.1. The waiver or failure of any party to exercise rights under these Terms will not be deemed a waiver or other limitation of any other right or any future right. Any waiver must be in writing and expressly accepted by the party to be charged therewith.

21.1. As Lampsy is based in Spain, these Terms (including the Privacy Policy and the Cookies Policies) and your access to, and/or use of the Site shall be governed by and construed exclusively in accordance with Spanish law, without giving effect to any choice or conflict of law provision or rule.

21.2. Any and all dispute, controversy, issue or claim arising out of the performance or interpretation of the Terms (including the Privacy Policy and the Cookies Policies), or related, directly or indirectly, to the access or use of the Site shall be settled by the Courts of the city of Barcelona.